1992 May Council Proceedings163
Board of Health, May 4, 1992
CITY OF DUBUQUE
BOARD OF HEALTH
SPECIAL
SESSION
Special Session May 4, 1992,
Bored Mot at 7:25 p.m. Public Library
Auditorium.
Present: Board Members Kluesner, Krieg,
Naglc, Nicholsm, Voetberg. Absent:
Cbehl~rann Bredy, Board Member Deich.
Vice Chairperson Nicholson mad die call
and stated this is a Special Session of the
Board of Health called for thc purpose to act
upon such business which may properly
come before the Board.
Communication of City Manager
requesting the City Board of
Chairperson be authorized
execute doenn'ents related to the FY '93
State funds for public health
presented and read, Board
Voetberg moved that the communication
received and filed and approved.
by Board Member Kluesner. Carried by the
following vote: Yeas--Board Members
Kluesner, Kring, Nagle, Nichols~, Voatberg.
Nays--None. Absent--Chaiq~erson Brady.
Board Member Deich.
Communication of City Manager
requesting the Dubuque Visiting Nurse
Association be allowed to renew their "Well
Eldurly" clinic services contract with the
Iowa Delmrmmnt of Public Health and
Chairperson execute the agreement between
the City and the VNA for services for FY
'92-93, pfos~ated mai ~d. Bored M~ml~f
Voetberg moved that the communication be
received and flied and approved. Seconded
by Board Member Nagle. Carried by the
following vote: Yeas--Bored Members
Kluesanr, Krlag, Nagle, Nicholson, Voetberg.
Nays--None. Absent---Chairperson Brady,
Board Member Deich.
There being no fun. her business, Board
Member Voetberg moved to adjourn the
meeting. Seconded by Board Member
Kiuesnor. Carried by the following vote:
Yeas--Board Members Klnesner, ICdeg,
Nagle, Nichols~, Voctberg. Nays---None.
Absent--Cbeirperson Brady, Board Member
Deich. Meeting edjoumed at 7:35 p.m.
Mary A. Davis
City Clerk
1993.
1993.
Attest: '
Secrets~y, ]~a~d of Health
Regular Session, May 4, 1992
164
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session May 4,
1992.
Council Met at 7:35 o'clock p.ro., Public
Library Auditorium.
Present: Mayor Brady, Council Memben~
Kluesner, Faiag, Nagle, Nicholson, Voatbe~g,
City Manager W. Kenneth Gearhart,
Corporation Counsel Barry A. Lindaid.
Absent: Council Member Dnich,
Mayor Brady mad the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before
the Coun(fl.
Invocation was given by Father Craig
Walbaum, Rector of St. John's El~scopal
Church,
There was a presentation of "C¢~ficales
of Appreciation" to City En~loyees Tom
Fessler, Tim Moler, Nancy Backes and Janet
Walker and Steve Eastvedt.
PROCLAMATIONS -- Month of May as
Mental Health Month" reculved by Pat
Flynn; Week of May 3-9 as "Be Kind to
AnimaLs Week" received by Jean Collins;
Week of May 3-9 as "Tourism Week"
received by Madle¢ Harmmnn; Week of
May 1(}-16 as "Historic Preservation Week
1992" recdived by Gall Naaghton; Week of
May 10-16 as "National Hospi~l Week"
received by David Schaller & Pat Fleming;
Week of May 13-17 as "Dubuquefest/Very
Special Am Week of 1992"; Week of May
I0 16 as "peace Officers Week" a~d May
15t,h a~ "Peace Officers Memorial Day"
received by David Pacholke; May 15 as
"Senior Power Day" ~ecnived by Sondra
BenneU; Supporting thc sale of "Buddy
Poppies" ~eceived by Warren Nelson;
Supporting thc Equal Rights Amendment to
the Constitution of Iowa" re, cdived by Kip
Winter n~pre~*.nting the League of Women
Voters.
Communication of City Manager
requesting C~x~ncil consider a requast from
Elizabeth Milud~kis on behalf of a group
known ~s Dubuque Neighlx~hood Councils
and give dile.,ction, l~esented and read.
Council Member Kluesne~ moved that the
communication be zeceived and filed and
refe~ the matter of Commission to City
Managc~. Seconded by Council Member
Nagle. Cmind by the following vo~:
Yeas---Mayc~ Brady, Council Members
Kluesmr, Krleg, Nagle~ Nich~sen, Voetberg.
Nays--None. Absent--Coeneil Member
Deich.
Communic, adon of Elizabeth Mihalakis on
behalf of the Dubuque Neighborhood
Councils advising they will not be in
attendarw, e at Ibis evening's meeting,
presented and read. Council Member
received and filed. Seceoded by Council
Member Nagle. Canied by the following
vote: Yem--Mayor Brady, Council Members
Kluesner, Kfieg, Nagle. Nichulson, Voetbe~g.
Nays--None. Absent---Council Member
D~ich.
Communication of City Manager
requesting Council apgroval for the dispo~ul
of the 1948 Seagrave Ladder Track which
the City presently has in its inventoo7 and
further requesting app~ovai to Iransfer
property to the Dubuque County Historical
Society, presented and read. Council
Member Voetberg moved that the
communication be received and llled and
apl~oved. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas--Mayor Brady, Cenncil Members
Kinesuer, Kricg, Nagle, Nichc~son, Voctberg.
Nays--None. Absent--Council Member
Ddich.
Communication of City Manager
recommending to ret~al Ordinance No. 7-92
which provided for two hour parking
lln~tatioos on Stewart Street, p/escnted and
reed. Council Member Kluesner moved that
the commuulcation be received and filed.
Seconded by Council Member Nagle.
Regular Session, May 4, 1992
Canied by the following vote: Yeas--Mayor
Brady, Council Members Klue-sncr, Krieg,
Nicholson, Vceth~rg. Nays---Council
Member Nagle. Abseat~Coaneil Member
Deich.
An Ordinance Repealing Ordiuance No.
7-9'2 of the City of Dubuque, lm~sented and
read. Council Member Klucsner moved that
this be consido~t the first ~ilng of the
Ordinance, and that the reqniremunt that a
proposed Ordinance be conside~l and voted
on for pa~snge at two council meetings prior
to the meeting at which it is to be finally
ndopled be suspended and further moved
final adoption of the Ordinance. Seconded
by Council Member Nag~e. Vote on the
motion was as follows: Yeas--Mayor Brady,
Council Members Kluesner, Krieg,
Nichol~n, Voetberg. Nays---Council
Member Nagle. Absent--Council Member
Ddich. Motion failed due ~o lack of 3/4
VOte.
Council Member Kluesner moved that this
be considered the first ~ding of the
Ordinance. Seconded by Council Member
Voetberg. Carried by the following vo~:
Ye~u--Mayor Brady, Council Members
Kluesner, Kfieg, Nngle, Nichohon, Voetberg.
Nays--None. Absent---Council Member
Deich.
Communication of City Manager
requesting approval of a license with the
Chicago Ceatral and Pacific Railroad
Compauy roladng to the conslrnction of the
eme~guncy access r~tway almg the
westerly edge of thc Ice halbor, between 1st
and 2nd S~rce~, presented and read. Council
Member Kluesner moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Cauled by thc following vote: Yeas--Mayor
Brady, Council Members Kluesner, Kring,
Nngle, Nicholson, Voetberg. Nays--No~e.
Absent~Councll Member Deich.
RF~OI,UTION NO. 145-92
RESOLUTION APPROVING
LICENSE FOR EMERGENCY
ACCESS ROAD AROUND THE
WESTERLY EDGE OF THE ICE
HARBOR, BETWEEN IST AND
2ND STREETS
Whereas, the City of Dubuqueis cm'renily
constmedng an en~egency access re.way
associated with the Ice Hmbor Develc,pmem,
to be loca~d along the westerly edge of the
Ice Harber, between 1st and 2nd SIrects; and
Wbere~s, this roadway will be built on
and adjacent to Chicago Central and Pacific
Railroad propo~y; and
Whereas, said rallwnd company has
prepared a license for the construction of the
emergency access ro~, outlining the terms
and co~dillons of their approval to conslrnct
the roadway on railroad properS.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached license with
the Chicago Ceatral and Pacific Rallrond
Company for the construction of the
emergency access road along the westerly
edge of the Ice Harbor between 1st and 2nd
S~reets be and is hereby approved.
Section 2~ That the Meyer be authorized
and d/rected to execute two copies of the
license, and forward thc executed copies to
the Chicago Central and Pacific Railroad
Company for their approval.
Passed, approved and adopted this 4th day
of May, 1992.
Attest:
Ma~y A. Davis
City Clerk
James E. Brady
Mayor
Council Member Kluesncr moved
adoption of the Resolution. Seconded by
Council Member Nicholscm. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krleg, Nagle,
Nicholson, Voetberg. Nays---None.
Absent~ouncll Member Deich.
Communicadon of Corporation Counsel
Lindahi requesting Council approval of a
Consent Decca and Ag~ement between
~mios involved on Midwest Gas Company
coal tar site, presented and read. Council
Member Voetberg moved that the
communication be received and filed and
Regular Session, May 4, 1992
166
approved and authorized Corp~afion
Counsel to sign the Consent Decaee.
Seconded by Cmmcil Member Khiesncr.
Carried by the following vote: Yeas--Mayor
Brady, Coancll Members Klueuner, Kfie~,
Nngla, Nicholsoo, Voetborg. Nay~--Nc~e.
Absent---Coon~l Member DeicK
Council Member Nichdson moved that
the rules be suapended to allow anyone
present to ndahe~s the Cunncil if they so
desire. Seconded by Coundl Member
Nngle. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Klueuner, Y-.flag, Nngle, Nicbetson, Voetberg.
Nays--None. Absent---Council Member
Ddich.
Communication of Corporahon Counsel
Lindahi responding to direction given
regarding property at 560 Maplewoed Court
on thc proper zoning issue expressed by
neighbors, presented and read. Mr, Rick
Putehio spoke to the matter. Council
Member Kluesner moved that the
communication be receivnd and filed.
Seconded by Council Member Nicholson.
Canied by the following vote: Yeas--Mayor
Brady, Council Members Kluesner, Kfieg,
Nngla, Nicholson, ~oetberg. Nays--None.
Ab~unt---Couneil Member Ddich.
Communication of City Manager
submitting an Ordinance to correct legal
deacripllon reg.'ding the rezo~ing of
property for Wal-Mart, presented and read.
Coancll Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Ye~s--Mayor
Brady, Council Members Kluesner, Kring,
Nagle, Nicholso~, Voetberg. Nays--None.
Absent---Council Member Deich.
An Ordinance Amending Ordinance No.
31-92 by ad~,pting in lieu thereof a new
Section 2, setting forth a new Legal
Description and removing cev, ain properties,
presented and ~ead.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 32-92
AN ORDINANCE AMENDING
ORDINANCE NO. 31-92 OF THE
CITY OF DUBUQUE, WHICH
REZONED CERTAIN PROPERTY
FROM AG AGRICULTURAL AND
C-3 GENERAL COMMERCIAL
DISTRICT TO PC PLANNED
COMMERCIAL, FOR WAL-
MART, INC., BY DELETING
SECTION 2 OF ORDINANCE NO.
31-92, SETYING FORTH THE
LEGAL DESCRIFYION OF THE
PROPERTY BEING REZONED
FROM C-3 GENERAL
COMMERCIAL DISTRICT TO PC
PLANNED COMMERCIAL, AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 2, SETTING
FORTH A NEW LEGAL
DESCRIPTION, REMOVING
CERTAIN PROPERTY
WHEREAS, the City Council of the City
of Dubuque, Iowa, on April 13, 1992,
ad~pted Ordinance No. 31-92, rezoning the
following-described property from C-3
General Conm~ercial Dis~ict to PC Planned
Co~ial, to wit:
Lot 2 of Lot 1 of Lot 2 of Lot 3 of HE
1/4 of SW 1/4; Lot 2 of 2 of 3 of NE 1/4
of SW 1/4; Lot 2 of the Sub of Lot I of
LOt 1 of Lot 1 of Lot 1 of LOt I of Lot 1
of SW 1/4 of SW 1/4; Lot 2 of 1 of
Mineral Lot 287 and Lot 2 of 1 of 1 of
Mineral Lot 287 of SE 1/4 of SW 1/4;
Lot 1 of 2 of SW 1/4 of SW 1/4; Lot 2 of
1 of 1 of 1 of SW 1/4 of SW 1/4 and the
South 1/2 of Lot 2 of I of I and LOt 2 of
2 of SW 1/4 of SW 1/4; and to the center
line of the adjoining public right-of-way,
all in Section 28, T89N, R2E of the 5th
PM in the City of Dubuque, Iowa.
WHEREAS, Paul Auterman, owner of the
following-dascrthed ~ propea'ty included in
the above legal description in Ordinance No.
31-92,
S1/2 of LOt 2-1-1 of the SW 1/4, SW 1/4
Se~. 28 Wl/2 of LOt 1-2 of the SW 1/4,
SW 1/4 Sec. 28 W1/2 of Lot 2-2 of the
SW 1/4, SW 1/4 Sec. 28
defims that his prop~y not be rezoned PC
Planned Conuae~ciai;
WIIEREAS, Ordinance No. 31-92 has not
been published and is therefore not yet in
effec~ and
167
Regular Session, May 4, 1992
WHEREAS, the City Council concurs that
the Auanmun property should be deleted
from Ordinance No. 31-92.
NOW TItEREI:ORE, BE IT ORDAINED
BY I~ CITY COUNCIL OF THE CITY
OF DUBUQUE AS FOLLOWS:
Section I. Ordinance No. 31-92 is
amended by deleting the~efann Section 2
and adopting in lieu thereof thc following
new Section 2.
Sectiou 2. That the Code of Otdinunces
of the City of Dubuque, Iowa, be amended
by revising Appcedix A thereof, also known
as the Zordag Ordinance of the City of
Dub~qec, Iowa, to reclassify betdunflor.
described property from C-3 General
Commereial District to PC Planned
Commercial, to wit:
Lot 2 of Lot I of Lot 2 of Lot 3 of NE
1/4 of SW 1/4; Lot 2 of 2 of 3 of NE 1/4
of SW 1/4; Lot 2 of the Sub of Lot 1 of
Lot 1 of Lot 1 of Lot I of Lot I of LOt I
of SW 1/4 of SW 1/4; Lot 2 of 1 of
Mineral Lot 287 and Lot 2 of I of 1 of
Mineral LOt 287 of SE 1/4 of SW 1/4;
East 1/2 of Lot I of 2 of SW 1/4 of SW
1/4; Lot 2 of 1 of 1 of 1 of SW 1/4 of
SW 1/4; and the East 1/2 of Lot 2 of 2 of
SW 1/4 of SW 1/4; and to the center line
of the adjoining public fighi-or.way all in
Section 28, T89N, R2E of the 5th PM in
the City of Dubuque, Iowa.
Section 2. This Amendment shall take
effect upon publication. The City Clerk is
directed to publish this Ordinance, and
Orthnance No. 31-92 as amended by this
Ordinance.
Passed, approved and adopted this 4th day
of May, 1992.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Published officially in the Telegraph
Herald newspaper this 31st day of July,
1992.
Mary A. Davis
It 7/31 City Clerk
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the ~quiremcot that a
proposed Ordinm~ce be considered and vo~ed
on for passage at two council meetings prior
to the meeting at which it is to be finally
final adoption of the Ordinance. Seconded
by Council Member Nagle. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Kriag, Nagle,
Nicholson, Vuntberg. Nays--None.
Absent--Council Member Duich.
RESOLUTION NO. 146-92
Whereas, Applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, The premises to be occupied by
such applicants wexu inspected and found to
comply with the Ordinances of this City and
have filed proper bonds;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF
TItE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS 'B" BEER PERMIT
Donna Ointer
Sunday Sales
Special Events
7th and Main
Nite~ of the Square Table
Sunday Sales
6th Street
C. K. of Dubuque,
Sunday Sales
Country Kflchen
3187 University
Regular Session, May 4, 1992
168
Passed, approved and adopted this 4th
day of May, 1992.
Attest:
Mary A. Davis
City Clerk
James E Brady
Mayor
Council Member Kluesn~r moved
adoption of the Resolution. Secondad by
Council Men,act Nicholsou. Canied by the
foHowiag vote: Yces---May~ Brady,
Council Member~ Kluesner, Kring, Nagle,
Nicbolsou, Voetberg. Nays--None.
Absent--Council Member DUicK
RESOLUTION NO. 14%92
Where&s, applications for Liquor Licenses
have been submigw, xi to this Council for
approval and the samo have been examined
and approved; and
Whereas, the premises to be eccup~ed by
such applicants were inspected and found to
comply with the State Law and al{ City
Ordinunc~s relevant thereto 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 authc~rized to cause
to be issued the following ntuned applicants
a Liquor License.
CLASS "A" (CLUB) BEER AND
LIQUOR LICENSE
Dubuqec Golf and Country Club
Sunday Sales 1800 Randall Pl.
Loyal Order of M~ose Lodge # 355
Sunday Sale~ 1166 Main St.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Oldham, Inc, Avenue Top
Sunday Sales 1080 University
Pas~ed, appmvnd und adopted this 4th day
of May, 1992
Attcet:
Mary A, Duvis
City Clerk
James E Brady
Mayor
Council Member Kluesner moved
adopilou of the Resdiutiou. Seconded by
Council Member Nicbelsco. Carried by the
following vote: Y~May~r Brady,
Council Members Kluesner, Kring, Nagle,
Nichdison, Voutberg. Nays---None.
Absent--Council Member Deich.
Communication of City Manager
tespendiag to the General Drivers & Helpers
Union cenceras perodniag to reduction of
Keyline Mechanic Po~ition, presented and
read. Council Mambe~ Voetberg moved that
the communication be received and fried and
reaffm~ed Council's budget decision.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Kluesner, Kfing,
Nagle, Nichdison, Voetberg. Nays--None.
Absent---Coundl Member Duich.
Communication of City Manager
requesting Council autbofizo and direct the
Mayor to execute un amundmcot to a
previoasly approved contract with the FFA
for the pltrcbese of 4 new basea, presented
and read. Council Member Klecaner moved
that the commun/cafion be ~ceived and filed
and approved execution. Seconded by
Council Member Voetberg. Can/ed by the
following voto: Yeas--Mayor Brady,
Council Members Kluesner, Kfieg, Nagle,
V~tberg. Nays---Coundl Member
Nicholsun. Absent---CmmaH Member Deich.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider the FFA Section 9/3 and Iowa DOT
Program of Projects consisting of operating
assistance from FFA and Iowa DOT,
presented and ~ead. Council Member
Voetberg moved that the proof be received
and Bled. Seconded by Couecil Member
Nichol~on. Canied by the following vote:
Yeas--Mayor Brady, Council Members
Khiesner, Kring, Nagle, Nicbelsen, Voetberg.
Nays--None. Absent--Council Member
Duich.
169
Regular Session, May 4, 1992
Communication of City Manager
requesting City Council dimclion mt Gnmt
Application to FFA, presented and read.
Council Member Voetherg moved that thc
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas=Mayor
Brady, Council Members Kluesunr, Krieg,
Nagla, Nichulson, Vcetberg. Nays--Noue.
Absent=--Council Member Dnich.
Council Member Voetberg moved that it
be. ~e~olved to fable this matter to Ihe
Council meeting of May 18, 1992.
Seconded by Council Member Nieholsen.
Can~ed by the following vote: Ye.ss--Mayor
Brady, Council Members Kluesr, er, Kriag,
Nagle, Nicholsun, Vcetberg. Nays---None.
Absent--Council Member Deieh,
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
Specifications on the contract and estimated
costs fee the lnwood Avenue Sunitm~ Sewer
Extension, presented and read. Council
Member Voetberg moved that the proof of
publication be received and filed. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Klunsner, Kring, Nagle,
Nicholson, Vcetberg. Nays---None.
Absent--Council Member Deich.
Robert Vundsrmuallen, 3940 Oneida,
Robert Munller, 855 Salem and Oaldey
Bandy, 3941 lnwood, questioned specifics of
the proposed project
RESOLUTION NO. 148-92
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of Aptil, 1992,
pla~s, specifications, form of contract and
estimated oust were filed with the City Clerk
of Dubuque, lows for the lnwood Avenue
Sanitary Sewer Extension.
Whereas, notice of hemlng on plans,
specifications, form of contract, and
estimated cost was published as ruqutmd by
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
'[hat the said plans, specifications, form
of contract and estimated cost am hun:by
approved as the plans, specifications, form of
contract and estimated cost for said
iml~ovements for said project.
Passed, ~doptod and approved this 4th day
of May, 1992.
James E. Brady
Mayor
Attest:
Mn~'y A. Davis
City Clerk
Council Member Voetberg moved
edoptim of the Resulullon. Seconded by
Council Member Nicholson. Canind by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Klu~ner, Krieg,
Nagle, Nicholson, Vcetberg. Nays--None.
Proof of Publication cecdfied to by the
Publisher on Notice to Property Owners on
Heating ~m Resolution of Necessity for
project, Certificate of City Clerk advising
notices were sent by certified mail te known
property owner~ for beariug on Resulution of
Necessity for project and Petition of Stephen
Althans pro~sfing the installation of City
Water and sewage in the neighborhood at
3951 Inwoed Dr., presented and read.
Council Member Voetherg moved that the
proof, certificate and petition be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vo~e:
Yeas Mayor Brady, Council Members
Kluasner, Yaieg, Nagle, Nichohion, V~etberg.
Nays--None. Absent---Council Member
Deich.
RESOLUTION NO. 149-92
RESOLUTION WITH RESPECT
TO THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE INWOOD
AVENUE SANITARY SEWER
EXTENSION
Whereas, the City Council has proposed
a Resolution of Necessity for the lnwood
Avenue Sanitary Sewer Extension, has given
notice of ~he public hearing thereon aa
required by law;, and
Regular Session, May 4, 1992
170
Whereto, the public he.lng has been
held, all ~ offering objections have
been hosed and considcratioo given to all
objections and is pending before this
Council; ~
Whereas, this is the time and place set as
provided for the faking of action on the
proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE~ IOWA:
That ~be propozed Resolution of Necessity
described above is hereby:
Adopted as amended by the Schedule of
Assessments attached bereto as Exhibit A,
and nu~e a part hereof by reference. All
objections filed or made having been duly
considered are overruled.
Passed, approved and adopted this 4th day
of May, 1992.
Jamgs E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholseo. Canled by thc
following vote: Yeas--Mayor Brady,
Council Member~ Kluesner. Krieg, Nngla,
Nicholson, Voetberg. Nays-None.
Absent---Council Member DeicK
RESOLUTION 150-92
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the hlwood Avenue Saniiary Sewer
Extension is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
hidders bereby ~oproved u a part of the
plans and ~zificafions heretofore adopled.
That thc City Clerk is hereby directed to
advertise for bids for the construction of the
improvement~ herein I~ovided, to be
puMished in a newspaper having general
circulation in the City of Dubuque, Iowa,
which nolice shall ~ot be less than four days
nor mo~ than twenty days I~ior to thc
receipt of said bids at 2:00 p.m. on the 21st
day of Mey, 1992. Bids shall be opened and
read by the City Clerk at said time and will
be submitted to the Council for final ~ction
at 7:30 p.m. on the 1st day of Sune, 1992.
Pas~t, approved and adopted this 4th day
of May, 1992.
Attest:
Mazy A. Davis
City Clerk
James E. Brady
Mayor
Council Member Vcetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Krieg, Naglc,
Nichulson, Voetberg. Nays--None.
Absent--Council Member Deich.
Proof of PubUcatlon certified ~o by the
Publisher on Notice of Public Hearing to
comider dispe~ing of City's interest in zeal
estate known as Julien Dubuque's Grave,
presented and read. There were no
objections received and no oral objectors
present at the llm~ of the Hearing. Council
Member Kl~sner moved that the proof of
publication be received and filed. Seconded
by Council Member Voetborg. Carried by
the following vo~e: Yeas--Mayor Brady,
Council Members Kluesner, Kfieg, Naglc,
Nicholson, Vcetberg. Nays--None.
Absent=Council Member Deich.
Communication of City Manager
submitting additionalinformatic~ concerning
deeding thc Juliun Dubuque Grave Site
property to file State of Iowa, presented and
read. Council Member Kluesner moved that
thc communication be received and filed.
Seconded by Coun~ Member Voetherg.
171
Regular Session, May 4, 1992
Carried by the followiag vote: Yeas--Mayor
Brsdy, Council Member~ Klunsmr, IOiag,
Naglc, Nicholson, Voe~rg. Nays--None.
Ab~ent--Conncil Member D~ich.
A Resolution Approving disposing of all
right, title and interest of the City of
Dubuque, Iowa, in the propuay known as
Jullun Dubuque's C-rave and authorizing
Mayor to execute a Quit Claim Deed for
property, in~sen~l and read, Council
Member Kluesner moved that thc Rusolution
be rejected. Secooded by Council Member
Vcotberg. Carried by the following vine:
Yeas--Mayor Brady, Council Members
Klunsner, Kring, Nagle, Nicholson, Voetherg.
Nays--None. Absent-Council Member
Deich.
Proof of Publication certified to by the
Publisher on Nolice of tteaziag on Plans and
Specifications on the contract and estimate of
costs for the 1992 Asphalt Paving Project,
and Petition of John E. Nelsctt requesting
Roosevelt Rd. be removed from 1992
Asphalt Paving project because this road
needs complete reconstructing and not just a
temporary leveling and patching as planned,
presented and read. Council Member
Voetberg moved that the proof and
communication be received and filed.
Seconded by Council Member Nicholson.
Can-led by the following vote: Yeas--Mayor
Brady, Council Members Kluesner, Kriag,
Nngle, Nichoison, Vcotherg. Nays--None.
Absent--Couacll Member Ddich.
RESOLUTION NO. 151-92
RF-,*.eOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of April, 1992,
plans, specificati(ms, form of contract and
estimated cost were filed with the City Clerk
of Dubuque, Iowa for the 1992 Asphalt
Paving Project
Wbe~, notice of hemlng on plans,
specifications, form of contract, and
estimated cost was published as n:qal~d by
law.
NOW TH 'EREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost am hereby
approvad as the plans, specifications, form of
contract and estimated cost for said
improvements for ~aid project
Passed, adopted and approved this 4th day
of May, 1992.
Auest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nichoison. Carried by thc
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Kring, Nngle,
Nicholson, Voctberg. Nays--None.
Absont--~ouncil Member Deich.
Proof of Publication certified to by the
Publisher on Notice to Bidders of thc
Receipt of Bids £or project and communi-
cation of City Manager Iecommunding Io
award contract for project, presented and
read. Council Member Veetbe~g moved that
the proof and communication be received
and filed. Seconded by Council Member
Nicholson. Canled by the following vote:
Yeas~Mayor Brady, Council Members
Kluesner, Yalag, Nagle, Nicholson, Voetberg.
Nays--None. Absent--Conncil Member
Delch.
RESOLUTION NO. 152-92
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by conhntctors for the 1992
Asphalt Paving Project pursuant to
Resolution No. 113-92 and notice to bidders
pubiished in a n~wspapcr published in thc
City of Dubuque, lowa on thc 9di day of
April, 1992~
Wbemas, said sealed proposals were
opened and read on the 23rd day of April,
1992 and it has been determined that the bid
of River City Paving, a Division of Mathy
Coastruction of Onalaska, Wisconsin in the
amount of $343,464.20 was the lowest bid
Regular Session, May 4, 1992
172
for the fumisbings of all lab~- and nmt~ials
and perfc~ning thc work ss provided for in
the plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the comract for the above
imlxovemcot be awarded to River City
Paving, u Division of Mediy Construction
and the Mannge~ be and is heseby dir~ted to
execute a contract on behalf of the City of
Dubuque for the complete pu~fomumce of
the wo~.
BE IT FURTHER RESOLVED:
That upon the signing of sald contract and
the atyproval of thc contractor's bend, the
City Treasurer is authorized and insUucted to
rettwn thc bid dep~its of thc unsuccessful
bidders.
Passed, approved and adopted this 4th day
of May, 1992,
Attest:
Mary A. Davis
City Clerk
Council Member
James E. Brady
Mayor
Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Ycas~Mayor Brady,
Council Members Yduesner, Kricg, Nagle,
Nichoison, Voetberg. Nays--None.
Absent~onncil Member Deich.
Proof of Publication ceaaified to by the
Publisher on Notice of Hearing on Plan~ and
Specifications on thc contract and estimate of
costs for the Office Renovation - Locust
Street Paddng Ramp, Proof of Publication
certified to by the Publisher on Notice to
Bidders of the Receipt of Bids for project,
and Communication of City Manager rec-
ommeeding to reject all bids received and
advising of httont to re-bid at a later date,
presented and mad. Council Member
Voetberg moved that the proofs and
communication be received and filed.
Seconded by Council Member Nngle.
Canied by the following vote: Ye. ss--Mayor
Brady, Council Members Kluesner, Kring,
Nngla, Nichol~oo, V~etberg. Nays---None.
Absent--Co~ncil Member Deicl~
RESOLUTION NO. 153-92
RESOLUTION RESECTING BIDS
FOR THE OFFICE RENOVATION
OF LOCUST STREET PARKING
RAMP
Wbercas, sealed propo~uds have been
submitted by contracto~ for thc Office
Renovation - Locust SWeet P~cing Ramp
pmsuant to Resolutiun No. 116-92 and
notice to bidders published in a newspaper
published in die City of Dubuque, Iowa on
thc 9th day of April, 1992; and
Whereas, sealed proposals were opened
and read on the 22nd day of April, 1992 and
it has been determined that thc bid of Kluck
Construction Company of Dubuque, Iowa in
the amount of $53,629.00 was the lowest bid
for furnishing of ail labor and materials and
performing the work as provided for in the
plans and specifications; and
Wbercas, the estimated cost of the.project
was $43,554.00; and
Wbere~, the City Council has determined
that it is in the best inlc~est of the City to
reject all bids received on die project.
NOW THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That thc bids of Kluck
Constrnetion Conq~ny and Maryville
Consuaction Company dated April 22, 1992
Section 2. That Resolution No. 114-92,
Preliminary Approval of Plans and Spocifica-
lions, is hereby rescinded.
Passed, approved and adopted this 4th day
of May. 1992.
Jarc~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
173
Regular Session, May 4, 1992
Coundl Member Vootberg moved
adoption of the Resolution. $ccondad by
Council Member Nngle. Caffied by the
following vote: Ye~---Mayc~ Brady,
Council Members Kluesne~, Kdng, Nngle,
Nicholson, Voatberg. Nays --Noue.
Absent---Co,nell Member Deich.
Proof of Publication certified te by the
Publisbe~ on Notice of Public Heming to
couside~ v~cating an existing public alley
between Lots 3 and 4 of Pialey's Addition
and disposing of City's interest in said
property te Robert Leytem, prezen~A and
read. Council Member Khiusuer moved that
the proof be received and filed. Seconded
by Council Member Voetberg. Canind by
~he f~lowlng vote: Yc~s--Mayor Brady,
Council Members Kleesner, Ksing, Nnghi,
Nicholson, Voetberg. Nays---None.
Absent--Council Member Deich.
An Ordinance Vacating an existing public
alley between Lois 3 and 4 of Finley's
Addition in the City of Dubuque from
Asbury Read easlerly 198 feet to the easterly
line of said Lots 3 and 4, said O~dinance
having been presented and read at the
Council meeting of April 20. 1992, presented
for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 33-92
ORDINANCE VACATING AN
EXISTING PUBLIC ALLEY
BETWEEN LOTS 3 AND 4 OF
FINLEY'S ADDITION IN THE
CITY OF DUBUQUE FROM
ASBURY ROAD EASTERLY 198
FEET TO THE EASTERLY LINE
OF SAID LOTS 3 AND 4
Whereas, Rick S~cif & Bob Leytem have
requested the vacating of an existing public
alley between Lois 3 and 4 of Finley's
Addition in the City of Dubuque from
Asbery Road easily 198 feet to the easterly
line of said Lots 3 and 4; and
Whereas, Bunging & Associates,
Dubuque, Iowa, has prepared and submitted
to thc City Council a plat showing the
vacated alley and assigned 1o~ numbers
thereto, which hereinafter shall be known
and descsibed as Lot 3A in Fialey's Addition
in dic City of Dubuque, Dubuque County,
Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this alley
is no longer n~qai~d for public use except
for easements as noted, and vacating of said
alley known az Lot 3A in Finley's Addition
in ~he City of Dubuque, Dubuque County,
Iowa, shonid be approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. ~l~at the real estate duscsibed
us Lot 3A in Finhiy's Addition in die City of
Duhutue, Iowa, be and the same is hereby
vacated.
Section 2. The City reserves unto itself a
po~0etual czsement including the sight of
ingress and ngress thereto, for the propose of
erecting, installing, constructing,
reconstracting, repairing, owning, operating,
and maintaining water, s~wcr, drainage, gas,
telephone, tv. cable and electric liues as may
be authorized by the City of Dubuque, Iowa.
Passed, approved and adopted this 4th day
of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published offidally in the Telegraph
Herald newspaper th/s 8di day of May,
1992.
Mary A. Davis
It 5/8 City Clerk
Council Member Klucsuer moved final
adoption of the Ordinance. Seconded by
Council Member Voetherg. Canled by thc
following vote: Yeas--Mayor Brady,
Council Members Kluesne~, Krlng, Nnglc,
Nicholson, Voetberg. Nays--None.
Absent--Council Member Deich.
Regular Session, May 4, 1992
174
RESOLUTION NO. 154-92
Wbereas, pm-st*ant to re. solution and
published notice of time and plac~ of
hearing, published in thc Telegraph Herald
newspap~, a newspaper of geac~l
circulation pubU. shed in the City of Dubuque,
Iowa on 24th day of Al~il, 1992, the City
Council of the City of Dubuque, Iowa re, ct
on the 4th day of May, 1992, at 7:30 p.m in
the Public Library Auditorium, llth and
Locust, Dubuque, Dubuque County, Iowa to
considc~ the Wolx~al for the sale of ~
estate dasodbed as:
Lot 3A in Finley's Addition in tbe City of
Dubuque, Iowa to Robert Leytem
Whereas, the City Coundl of the City of
Dubuque, Iowa overruled any and all
objections, oral o~ wsitten, to the proposal to
dispose of interest of die City of Dubuque,
Iowa in the bereinabove described real estate
to Robert L~ytem.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of the City of Dubuque, Dubuque
County, Iowa in real property dczcsibed as
Lot 3A in Finley's Addition in thc City of
Dubuque, lows to Robert Leytem, be and die
same is bemby approved for the sum of
$400.00 plus publication and filing fees,
conveyance shall be by Quit Claim deed.
Section Z Thc City reserves unto itself a
perpetual easement including the sight of
ingress and egress t~mto, for the pm'pose of
erecting, installing, constructing,
reconsh'ucting, repairing, owning, operating,
and maintaining water, sewer, drainage, gas,
telephone, t.v. cable and ehic~c lines as may
be authorized by the City of Dubuque, Iowa.
Section 3. That the Mayor be auflmrized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby
anthosized and directed to deliver said deed
of conveyance to the above named ~mntees
upon receipt of the purchase price in full.
Section 4, That thc City Cic~k be and is
hereby audiorLzcd and directed to ~.cord a
certified cc~y of this resolution in die office
of the City Assessor, Dubuque County
Reeordc~ and the Dubuque County Auditor.
Passed, ~leproved and adopted this 4th day
of May, 1992.
Jan~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesuer moved
adoptioo of the Resolution. Seconded by
Council Member Vootberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesuer, Krieg, Nngle,
Nicholson, Voetherg. Nays--None.
Absent--Council Member Dutch.
Communication of City Manager
requesting public hearing be set on May 18,
1992 providing for thc amendment to thc FY
'92 Budget, presented and re.ed. Council
Member Vuetberg moved that the
communication be received and filed.
Seconded by Council Membea' Nicholson.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Kineener, Kdng,
Nngle, Nicholsoo, Voetberg. Nays--Noun.
Absent -Council Member Deich.
RESOLUTION NO. 1~-92
RESOLUTION DIRECTING THE
CITY CLERK TO PUBLISH
PROPOSED AMENDMENT TO
THE FISCAL YEAR 1991 BUDGET
AND DATE OF PUBLIC HEARING
Whereas, it is proposed that the City of
Dubuque amend its Fiscal Year 1992 budget;
and
Whereas, Section 384.16 of thc Cede of
Iowa stipdiates that a public hearing must be
held on such a budget amendment.
175
Regular Session, May 4, 1992
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That thc City Clerk by and is
hereby auth~izad and dlicctcd to publish
notice of pubfic bearing on an amendment to
the adopted budget for thc City of Dubuque,
Iowa.
Pusead, approved and adopted this 4th day
of May, 1992.
Jam~s E. Brady
Mayor
Attcst:
Mary A. Davis
Ciiy Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholsun. Carried by thc
following vote: Yum---Mayor Brady,
Council Members Kluesner, Krlng, Nagin,
Nicholsou, Voetherg. Nays--None.
Absent---Cunncll Member Deich.
Communication of Zoning Commission
advising of their approval to make a text
amundm~nt to the zoning ordinance to allow
day care cente~ in C-2 Neighborhood
Shopping Center Disulct, presented and read.
Council Member Voetberg moved that the
communication be received and fried.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Kluesner, Krieg,
Nngin, Nicholsun, Voetherg. Nays--Nune.
Ab~unt--Council Member Deich,
An Ordinance An,eeding Zoning
Ordinance by adopting a new Section 3-
3,2(D)(8) to allow a Group Day Care Center
in a C-2 Neighhixhood Shopping Center
District as a Conditional Use, p~sented and
rca& Council Member Vuntberg moved that
this be considolv, d tho first reading of die
Ordinance, and that thc reqttiren~nt that a
proposed Ordinance be considered and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspundad and further moved that
a Public Heating be held on thc Proposed
Ordinance on the 18th day of May, 1992 at
'/:30 p.ra in tho Public Library Auditorium
and that the City Cl~rk publish notice in the
manner l~SCsibed by law. Secouded by
Council Member Nicholson. Caniad by the
following vote: Yeas--Mayor Brady,
Council Members Kinesner, Kring, Nngle,
Nioholson, Voetberg. Nays--None.
Abeent---Cooncil Member Dcich.
Communicadon of Zoning Commission
advising of their approval of rezoning
request to reclassify property located at 516-
518 Rhombe~ Avenue from R-2A to R-3
Multi-Family Residential District, presented
nd read. Council Member Klueuner moved
that the communication be received and
filed. Seconded by Council Member Nngin.
Canied by the following vote: Yeas--Mayor
Brady, Council Members Kluesner, Krieg,
Nngle, Nichulsou, Voetberg. Nays--None.
Absent--Coundl Member Delch.
An Ordinance Amending Zoning Ordi-
nance by reclassifying prope~es located at
516-518 Rh~nberg Avenue from R-2A
Ailerunte Two-Family Residential Dis~ct, to
R-3 Multi-Family Residential DisUict,
presented and read. Council Member
Kluesncr moved that this be cunsidered the
first reading of ~be Ordinance, and that the
requirement that a proposed Ordinance be
considered and voted on for imssege at two
council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved that a Public
Heating be held on the Proposed Ordinance
on the 18th day of May, 1992 at '/:30 p.m.
that the City Clerk should publish notice in
the manner prescribed by law. Seconded by
Council Member Nagle. Carded by the
fofiowing vote: Yeas--Mayor Brady,
Council Members Kluesncr, Kring, Nagle,
Nicholsou, Voetberg. Nays--None.
Absent---Council Member Deich.
Communicalion of Zoning Commission
advising of their denial to allow an ineeea~e
in the signngc for Plaza 20, presented and
read. Council Member Vcetberg moved that
the c?mmunicatlon be received and filed and
concurred with denial. Seconded by Councll
Member Kluemer. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Kluesner, Nnghi, Voetherg. Nays--Council
Member Kilns, Nicholson. Absent---Council
Member Delch.
Conunudication of City Manager
recommending approving of a request from
Cad J. Burbach for an exchange of
Regular Session, May 4, 1992
176
propeTtics slung thc southerly side of
Pennsylvania Avenue and abutting Smtset
Park Fifth Addition and set the matter fee a
public hearing, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Klue~ner.
Carried by thc following vote: Yeas--Mayor
Brady, Council Members Kluesncr, Kdng,
Nagie, Nicholsoa, Voetberg. Nays--Nouc.
Absent--Council Member Ddich.
RESOLUTION NO. 154;-92
RESOLUTION APPROVING PLAT
OF PROPOSED VACATED
PENNSYLVANIA AVENUE
ABUTTING BLOCK 2 OF SUNSET
PARK ~TH ADDrrlON
Whereas, there has bcen presented to thc
City Council of the City of Dubuque, Iowa,
a plat dated January 24, 1992, prepared by
I1W Engineers & Surveyors PC, describing
the proposed vaca~d portion of Pennsylvania
Avenue abutting Block 2 of Sunset Park 3th
Addition; and
Whereas, said plat conforms to ~ laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1, That the plat dated January 24,
1992 prepared by llW Engineers &
Surveyors PC, relative to the real estate
hereiunbove described be and thc same is
hereby approved, and the Mayor and City
Clerk be and they are bereby authorized and
directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said
plat and certified copy of this resolution in
the office of the RecoVer, in and for
Dubuque County,
Passed. approved and adopted lifts 4th day
of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of ~ Resolution. Seconded by
Council Member Khesne~. Carried by thc
following vote: Yeas-Mayor Brady,
Council Members Kinesncz, Kring, Nagie,
Nicholson, V~tberg. Nays--None.
Absent---Council Member Deich.
An Ordinance Vacating a portion of
Peunsylvanla Avenue abutting Block 2 of
Sunset Park Fifth Addition, present~ and
read. Council Member Voethor~ moved that
this be oousida~t the first nmding of the
Ordinance, and that the requirement that a
preposed Ordinance be unnaldered and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted bc susperuled and fuxther moved that
a Public Hcafin8 be held on thc Proposed
Ordinance on the 18di day of May, 1992 at
'/:30 p.nt in thc Public Library Auditorium
and that thc City Clerk publish notice in the
manner prescribed by law. Sec~mded by
Council Member Klncsncr. Carried hy the
following vote: Yeas--Mayor Brady,
Council Members Klucsncr, Kring, Nnglc,
Nicholson, Voetberg. Nays--None.
Absent~ouncil Member Dcich.
RE~OLUTION NO. 1~/-92
RESOLUTION DISPOSING OF
CITY INTEREST IN A FORTION
OF PENNSYLVANIA AVENUE
ABUTTING BLOCK 2 OF SUNSET
PARK FIFrH ADDITION IN THE
CITY OF DUBUQUE, IOWA
Whereas, Cad J. Burbach has requested
thc vncaling of a putfion of Pennsylvania
Avenue abuuing Block 2 of Sunset Park
Fifth Addition in the City of Dubuque, Iowa;
and
Wbereats, IIW ~gineers & Su~eyors PC
have lmepa~d and submitted to the City
Council a plat showing the vacated po~on
of Pennsylvania Avenue abutting Block 2 of
Sunset Pank Fifth Addition in thc City of
Dubuque, lowa and assigned lot numbers
thereto, which hereinafter shall be known
and desedbed as Lot 1 of 2 of the NE1/4 of
thc NWl/4 of Section 28, T89N, RZE, 3th
p.m., in the City of Dnimquc, Dubuque
County, Iowa; and
177
Regular Session, May 4, 1992
Wbere~s, the City Council of the City of
Dubuque, Iowa has determined that tiffs
po~ion of Pannsylvm~in Avenue abuttng
Block 2 of Sunset P~k Fifth Addition in One
City of Dubuque, Iowa is no longer reqttxed
for public use, and vacating and sale of said
portions of alleys and streets known as Lot
1 of 2 of the NEll4 of thc NWl/4 of Section
28, T89N, R2E, 5th p.m., in the City of
Duhaque, Dubuque County, Iowa, should be
apl~ovcd.
NOW TF~REFORE, BE IT RESOLVED
BY TItE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
inteuds to dispose of its interest in Lo~ 1 of
2 of the NE1/4 of the NWl/4 of Section 28,
T89N. R2E. 5th p.m., in the City of
Dubuque, Dubuque County, Iowa.
Section 2~ That the conveyance of Lot 1
of 2 of the NEll4 of the NWl/4 of Section
28, T89N, R2E, 5th p.m., in the City of
Dubuque, Dubuque County, lows to Carl J.
Bu~'buch be contingent upon dedication of
Outlets A and B of Sunset Park Fifth
Addition in the City of Dubuque, plus
platting, publication and liling fees.
Section 3, That the dedication of Outlets
A and B as shown on Iha final plat of Sunset
Pa~ Fifth Addition in the City of Dubuque,
Iowa and fried as instrument number 10205-
89 ill the office of the Dubuque County
Recorder be hereby accepted as public righi-
of-way for Pennsylvania ~venue.
Section 4. That the City Clerk be and is
hereby authorized and directed to cause and
notice of intent to dispose of said real estate
in the manner as prescribed by law.
Passed, approved and adopted fils 4th day
of May, 1992.
Attest:
Mary A, Davis
City Clerk
James E. Brady
Mayor
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Klueseer. Carried by the
following vote: Yeas--Mayor Brady,
Council Men.ers Kluesne~, K~ag, Nagla,
Nichol~on, Voetburg. Nays--None.
Absent--Council Member DeiCh.
Communication of City Manager
submitting documents providing for the
bidding pwcodures for the Extension of
Sanitary Sewer in the Center Grove Drive
area, ixesanted aed read. Council Member
Voetherg moved that the communication be
/eeeived and filed. Seconded by Council
Memher Klues~r. Canied by the following
vote: Yeas--Mayor Brady, Council Merobe~s
Kluesner, Kring, N~gle, Nichohoa, Voetberg.
Nays--None. Absent--Colmcil Member
Deich.
RESOLUTION NO. 155-92
RESOLUTION APPROVING AN
EASEMENT WITH THE
CHICAGO CENTRAL AND
PACIFIC RAILROAD COMPANY
FOR THE CONSTRUCTION OF
THE CENTER GROVE SANITARY
SEWER THROUGH RAILROAD
PROPERTY
Whereas, the City of Dubuque has
proposed the co~tsuction of the Center
Grove Sanitary Sewer through property
owned by the Chicago Central and Pacific
Railroad; and
Where. as, said railroad company has
prepared an easement aggeement for the
conatmctlon of said sewer on Chicago
Central and pacific Railroad propurty,
outlining the terms and condifiims of their
approval.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached easement
agreement with the Chicago Central and
Pacific Railroad Company for the
construction of the Center Grove Sanitary
Sewer through property owned by the
railroad be and is hereby approved.
Section 2. That thc Mayor be authorized
and d~ected to execute two copies of the
easement agreement and forward the
executed copies to the Chicago Central and
Pacific Railroad Company for their approval.
Regular Session, May 4, 1992
178
Paaeed, apl~oved and edopted this 4th d~y
of May, 1992.
Jan~s K Brady
Mayor
ARest:
Mm'y A. Davis
City Clerk
Council Member Veetherg moved
adoption of the Reselution. Seconded by
Council Member Khesner. Canied by the
following vote: Yeas---M~yor Brady,
Council Members Kleesner, Kriag, Nagla,
Nicholann, Voetherg. Nays--None.
Absont~--Council Member Deich.
RESOLUTION NO. 1~9-92
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THERF~ORE, BE 1T RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed phms, specifications,
form of contract and estimated ~ost for thc
Center Grove Drive Sanitary Sewer
Extension, in the estimated amount of
$49,267.33, are hereby approved and ordered
filed in the office of the City Cie~k for
public inspection.
Passed, adopted and approved this 4th day
of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Klueaner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, Kring, Naghi,
Nicholsoa, Voetherg. Nays--None.
Absent--Council Memher Daich.
RESOLUTION NO. 160-92
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whese~, the City Council of thc City of
Duhaqve, Iowa has given its l~elinlan~,y
approval on the proposed plans,
specfficeliolu, and form of contract and
placed stone on file in the office of the City
Cierk for public tnspuction of the Center
Grove [hive Sanitary Sew~ Extension.
NOW THEREFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the lat day of June, 1992, a
public heating will be held at 7:30 p.m. in
the Public Library Auditorium st which time
inte~sted pe~ons rn~y appe~ ~md he heard
for or against the proposed plans and
specificatiom, form of contract and cost of
said improvement, and the City Clerk he and
is hereby diw. cted to cause a notice of time
and place of such hearing to be published in
a neWSlmper having general circulation in the
City of Dubuque, Iowa, which notice shall
he not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the heating, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 4th day
of May, 1992.
Attest:
Mm'y A. Davis
City Clerk
Jan~s E. Brady
Mayor
Council Member Voetherg moved
adoption of the Resolutioo. Seconded by
Council Member Klueane~. Carried by the
following vote: Yeas---Mayor Brady,
Council Membur~ Kluesner, Faing, Naglc,
Nicholson, Voetherg. Nays--None.
Absent--Cooncil Member Deich.
RESOLUTION NO. 161-92
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and ovp.~ved by the City Council
6f the City of Dubuque and are now on file
in the office of City Clerk showing among
other thiags the plans, specifications, form of
contract, estimated cc~t and preliminary plat
179
Regular Session, May 4, 1992
and schedule showing the anmant pmpc~d
to be assessed agaiast =~ch lot and thc
valuation of each lot ss filed by the City
Council, for the Center Grove Drive Sanimy
Sew~ Extension.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the City Council deems it edvisaite
and neonssasy fei' the public welfare to make
the berein mentioned invFrovernents' and
unless peupcn'y owners at the time of the
final e~aldermion of this propr~
resulution have on file with the City Clerk
objections to the ~asolmion of necessity, they
shall be deemed to have waived all
objections pertaining to the regularity of the
procee~ng and the legality of using the
special assessment procedure.
Said improvements shall be constructed
and done in accordance with the ~4ans and
specifications which have been approved by
the City Council and now on file with thc
City Clerk. That the cost and expense of
making such improvement will be assessed
pu~inlly or to~ally against privately owned
property lying with the assessment
and in an amount not to exceed that
provided by law, and in proportion to the
special benefits coufenv, d.
The portion of the cost which shall be
borne by the City will be l~id from Senlt,~y
Sewer ConsUuedon Fund, and special
assessment bends may be issued in
anticipation of da£env, d payments of
performed and accepted, and the proceeds
thereof used to pay the con.actor.
The above resolution was introduced,
approved and c~dered placed on file with the
City Clerk this 4th day of May, 1992.
Approved and placed on file for final
action.
Attest:
Mary A. Davis
City Clerk
Jam~s E. Brady
Mayor
Correct Member Vouthorg moved
adoption of the Resolulion. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayne Brady,
Council Members Kluesner, Krleg, Nagle,
Nicbolson, Voetberg. Nays---None.
Absent--Coundl Member Deich.
RESOLUTION NO. 162-92
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Wbereas, the City Council of the City of
Duhaqne, Iowa, has given its p~ilminary
approval on the proposed plans,
sl~cificatioas and form of contract and
placed same on file in the office of the City
Clerk for public inspection, for the Center
Grove Drive Sanit~y Sewer Extension, and,
Whereas, the peoposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City
Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 1st day of June, 1992, a
public hearing will be held at 7:30 o'clock
p.ro. in the Public Library Auditorium in the
City of Dubuque at which time the owners
of proper~y subject to assessment for tho
proposed improvement or any other person
having an interest in the matter may appear
and be heard for or against the making of
the improvement, the boundaries of the
dis~ct, the c~st, the assessment against any
lot, or the final adoption of a resolution of
necessity and.the City Clerk be and is hereby
authorized and directed to cause a notice of
llme and place of such heating to be
published in a newspaper having general
circnlation in the City of duhaqne, Iowa,
which notice shall be published once e.sch
week for two consecutive weeks, the f'~st
'hich shall be net less than
ten days prior to the day fixed for its
consideration. Unless propa~ owners at the
fin~ of the final consideration of this
proposed resolution have on file with the
City Clerk objections to the Resolution of
Necessity they shall be deemed to have
waived all objections thereto.
Regular Session, May 4, 1992
180
Passed, adopted and alyprov ed this 4th day
of May, 1992.
Attest:
Mary A. Davis
City Clerk
James K Brady
Mayor
Council Member Vontherg moved
adoption of the Resulution, Seconded by
Council Member Kluesner. Carried by the
foHowiag vote: Yeas---Mayne Brady,
Cotmcil Members Kluesner, Kring, Nagle,
Nicholson, Voetberg. Nays--None.
Absent--Council Member Deich.
RKqOLUTION NO. 163-92
RESOLUTION APPROVING
PRELH, IlNARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY Tt~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the attached sheets, I to I inclusive,
are hereby determined to be the schedule of
proposed assessments for the Center Grove
Drive Sanitary Sewer Extension and the
valuations set out he, in arc hereby
approved.
Passed, approved and adopled this 4th day
of May, 1992.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voctberg moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by the
foliowing vote: Yeas--Mayor Brady,
Council Membem Klnesner, Kring, Nagle,
Nichoison, Voetberg. Nays--None.
Abecot--Council Member Deich.
MINUTES SUBMITTED ..~ Fl~s
Commission of 4-20; Investment Task Force
of 4-14, 4-15 & 4-21; Handicapped Parking
Review Committee of 4-16; Housing Code
Appeals Board of 3-24; Human Rights
Commission of 3-9; Plumbing Board of 4-
14; Zoning Comffdssion of 4-16; Keyfine
submitting Comparative Earnings Statement
and Stetistics for 3~d quart~ of FY '92,
presented and land. Conndl Member
Kluesne~ moved that the minutes be received
and filed. Seconded by Council Member
Nagle. Canted by the fullowing vote:
Yeas---Mayor Brady, Council Members
Klnesner, Krieg, Naglc, Niebolson, Vontberg.
Nays--None. Absent--Council Member
Dcich.
NOTICES OF CLAIMS/SUITS ..
American Trust & Savings Bank, Trustee for
Alphonse Schcssl Trust under Will, in
amoont of $551.25 for backed up sewer
damages; Attorney J~eph J. Bitter, on behalf
of Carol Btt~, in the astimated amount of
~600.00 for property dam~es; Rochelle
Farrey in estimated amount of $321.22 for
auto damages; Dale Palm in amount of
$227,00 for pers<mal injuries; Joan C. Puls,
in unknown amount, for sewer damages,
presented and read. Ccondl Member
Klnesner moved that the claims and suits ha
referred to thc Legal Staff for investigation
and ~ Seecoded by Council Member
Nagle. Carried by the following vote:
Yeas---Mayor Brady, Council Members
Kinesner, I~eg, Naglc, Nichulson, Vnetberg.
Nays--None. Absent---Council Member
Deich.
Communications of Corporation Counsel
advising of refenal of following claims to
Crawford & Company, the agent for the
Iowa Communities Assurance Pool: Car
damage of Janet S. Grass; Personal injury of
Norman J. Kormann; Car damage of Iowa
Mutual Ins. Co.; Personal injury of Dorothy
M. Lampe; Car damage of Donald J. Lange;
Car damage of Tina M. Link; Car damage of
Carol R. Potter, Personal injury of Charles J.
Wesseis, presented and read. Council
Member Kluesner moved that the
communications be received and filed.
Seconded by Council Member Nagle.
Can'ind by the following vote: Yces--Mayor
Brady, Council Members Klnesner, Kriag,
Nagie, Nicbolsou, Voetherg. Nays--None.
Absent---Conncll Member Deice
Communication of Corlx~ati~n Counsel
recommending settlement of truck damage
claim of Nick Hancock in the amount of
$192.62, presented and read. Council
Member Kluesnor moved that the
181
Regular Session, May 4, 1992
communication be received and filed and
sntflcrnent approved with Fiunnc~ Dimcter to
issue proper cbeck. Seconded by Council
Member Nagle. Cmxied by the following
vote: Yeas---Mayor Bredy, Council Membe~
Khicsner, Kdeg, Nnghi, Nicholmn, Voetborg.
Nays---None. Absent--Council Member
Deich.
Prnof of Publication certified to by tho
Publisher on official publication of
Resolution 97-92 establishing fces snd
charges for parking of motor vehicles in the
mualulpal parking garages, presented and
read. Council Member Kinosner moved that
tho proof of publication be received and
filed. Seconded by Council Member N0ghi.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Kluesner, Kring,
Nngle, Nicllolson, Vo~tberg. Nays--None.
Ab~ent--Council Member Dutch.
REFUNDS REQUESTED -- Jeff
Detainer, $633.75 on unexpired Liquor
l.icense, presen~ aad read. Council
Member Kinesner moved that the refund be
approved and Finance Director to issue
proporcheek Seconded byCoancil Member
Naghi. Carded by the following v, ote~
ye~s--Mayor Brady, Council
Kluesner. Kfing, Nagle. Nich~son, Voetberg.
Nays--None. Absent--Council Member
Dcich.
Communication of City Manager
submitting Quarterly Investment Report for
period beginning ]aunary 1, 1992 and ending
March 31, 1992, presented and read.
Council Member Klnesner moved that the
communication be received and filed.
Seconded by Council Member Nnghi.
Camed by the following vote: Ycss--Mayor
Brady. Council Members Kluesner, Kring,
Nagle, Nicholsun, Vontberg. Nays~None.
Absent~ouncil Member Deich.
Communication of Fxic W. Lam, Trustee
for Zehi Brewing Co., advising of his
availability to assist in developrc~nt of
rlveriront location, presented and re, gl.
Council Member Khiesner moved that the
communication be received and filed.
Seconded by Council Member Nngle.
Carried by the following vote: Ye, as--Mayor
Bredy, Council Members Klnesner, Kdng,
Nagle, Nicholson, Vontberg. Nays--None.
Absent--Courted Member l~ich.
There being no further business, Council
Member Voetberg moved to adjotmt the
meeting. Seconded by Council Member
Nicholson. Carried by the following vote:
yeas--Mayor Brady, Council Members
Kluesner, gaing, Nagle, Nicholson, Vontberg.
Nays--None. Absunt~Counull Member
Dutch. Meeting adjourned at 10:11 p.m.
Mary A. Davis
City Clerk
Approved~~', 1993.
ff City Clerk
Regular Session, May 18, 1992
182
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular City Council Meeting, May 18,
1992.
Council Met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Member~
Delch, Kluesner, Naghi, Nicholson,
Voetherg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
Lindabl. Absent: Council Member Kring at
mil call.
Mayor Brady re~d the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before
the Coundl.
Invocation was given by Rev. Robert
Phiiness, p~stor of Bible Baptist Church.
PROCLAMATIONS -- May 29th as "A
Day Celebrating Diversity" received by
Wendy O'Leaty.
Council Member Kring ent~ned the
Chambers at 7:35 p.m.
Them was a presentation to the City
Council by Mary McDowell on "The
Promise of World Peac~" and "The Vision of
Race Unity."
Council Member Voetberg moved to
suspend the niles to allow anyone present te
address the Council if they so desire.
Seconded by Council Member Nicholson.
Carried by the following vote:
Ye~s--Mayor Brady, Council Members
Dcich, Kluesner, Kfieg, Nagle, Nicholson,
Vontbelg. Nays--None.
Boards and Commissions
TV Cable Community Teleprngramming
Commission: One Unexpired term which will
expire 6-30-94 (term of M. Severs); One
term which will expire 6-30-95 (Unexphed
term of E. Kintzle + Reg. Term): Two
Vacancies; Applicants: Timothy Habel,
2664 Marywood and Ken Quesneil, 798
Town Clock Plaza.
Communication of Men'iH Crawfoni, City
Cable Franchise AdminlsWator, requesting
two appointments to Teleprogrammlng
Commission.
Ken Quesnell and Tim Habel spoke
requesting appointment.
Mayor Brady voted for Habel; Council
Membex Dutch voted for Quesnull; Couneil
Membex Kluesner voted for Quesnell;
Council Member Kdeg voted for Habel;
Council Member Nagle voted for Qnesnell;
Council Member Nicholso~ voted for
Quesnall; Council Member Vontberg voted
for QunsnciL Therefore, Ken Quasnell
appointed to a three year term on the TV
Cable Comm. Tcieprngremming Comm.
which will expire June, 30, 1995.
Council Member Dcich moved that Tim
Habel be appointed to the Cable TV
Tuleprngramming Commission for the
unexpilv~d term which will expire June 30,
1994. Seconded by Council Member Kfing.
Can'ied by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Kinosnor,
Nays--None.
Communication of G.D.D.C. requesting
affmnafion of appointment to their Board,
presented and ~ead. Council Member
Klnesner moved that Council Members Dan
Nicholson and Katie Kfing be appointed as
the Council representatives. Seconded by
Council Member Vontberg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Klnesnor, Krlng,
Nagle, Nicholson, Vcetberg. Nays--None.
Communication of Robert C. Sullivan,
report and recommendations, presented and
read. Council Member Klnesner moved that
the communication be received and filed and
referred to Council for Work Session on
June 29, 1992 at 7 p.m. with Ad Hoc
CommiRee and Staff. Seceoded by Council
Member Nicholson. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich. Klneuner, Krleg,
Nagle, Nichols(m. Voedoerg. Nays--None.
Ad Hoc Chairman Bob Sullivan spoke, as
Terry Duggan and Pat Craben with
summaries.
183
Regular Session, May 18, 1992
Communication of City Manager
recommending Council to reconsider
decision to proceed with co-lnulncration of
non-rccychiblc waste peper with scwng¢
sludge, lxcsented and rca& Council Member
Voetherg moved flint the communication be
received and filed and approved
rneomn~ndatico to co-incine~ation without
non-recyulable waste i~per with sewage
sludge. Seconded by Council Member
Nichulson. Canied by the fodowin8 vote:
Yeas---Mayor Brady, Council Members
l)ulch, Kluesner, Kriag, Nagle, Niabolson
Voetbe~g. Nays--None.
Communication from the City Manager
identifying Phase I Improvements at the
Watur Pciiution Control Plant without co-
incineration of non-rncyclabin waste paper
with sewage sludge, presented and read.
Council Member Voetbsrg moved tha~ the
communication be received and filed.
Seconded by Council Member Nicholson.
Ca,tied by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Kluesner,
Kfiag, Nagle, Nicholson. Voeiberg.
Nays---None.
Petidon of Bernard Bnekes requesting to
address thc Council on the burning of toxic
waste ell sludges at the sewage sludge
incinerator, l~esented and read. Council
Member Vantberg moved to receive and tile
the petition and reaffirmed ptevlous decision
to bm'n ell only. Also Staff further directed
to mn stack emissions test at least annually
with first testing as soon after 7-1-92 as can
be arrm~ed. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesne~, Kslng, Nagle, Nichol~oa,
Vcotberg. Nays--None.
Bcmurd Bockes, 2459 Central, Michael
Bmithach, Sr. Susan Rink, Jerry Brcitbech,
and Paul Sehultz all spoke to tbe petitco.
Communica~on of City Manager aaldng
City Council to authorize and direct the
Mayor to execute the Solid Waste
Demonstration Project Grant Contract with
thc Iowa Department of Natural Resources in
the amount of $274,650.00, presented and
read. Council Member Klucsncr moved that
the communication be received and filed and
approved executian. Seconded by Council
Memb~ Nagin. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kring, Nagle,
Nichol~on, Voctberg. Nays--None.
Communication of City Manager
submitting arnendmcets to the Human
Relations Ordinance making it substantially
uqcivalant to the Fede~ci Fair Housing Laws,
Inesented and mad. Council Member
Vootberg moved that the communication be
received and filed. Secooded by Counefl
Membsa' Krlng. Carried by the fallowing
vote: Yeas---Mayor Brady, Council
Members Deich, Kluesner, Kfing, Naghi,
Nichulson, Voetherg. Nays-~None.
An Ordinance Amending Chapter 27 of
thc Code of Ordinances by edopdng in lieu
thereof new defiultions of *'Disability" and
"Familial Status" in Section 27-1, and also
adopting new Snctio~s 27-27(9), 27-62(2),
27-118, and 27-130 thru 27-148, providing
for protection from housing discrimination,
pre~co~d and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 34-92
AN ORDINANCE AMENDING
CHAPTER 27 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY
REPEALING THE DEFINITIONS
OF *'DISABILITY*' AND
"FAMILIAL STATUS" IN
SECTION 27-1, AND BY
REPEALING SECTIONS 27-62(2),
27-81, 27-82, AND 27-118,
RELATING TO HOUSING
DISCRIMINATION, AND
ADOPTING IN LIEU THEREOF
NEW DEFINITIONS OF
**DISABILITY" AND *'FAMILIAL
STATUS" IN SECTION 27-1, AND
ALSO ADOPTING NEW
SECTIONS 27-27(9), 27-62(2),
27-118, AND 27-130 - 27-148,
PROVIDING FOR PROTECTION
FROM HOUSING
DISCRIMINATION
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Thc COde of Ordinances of the
City of Dubuque, lowa, is amended by
repealing the definitions of "disability" and
"fsrn~al status" in Section 27-1, and
enacting new definitions of "disability" and
"famih'al status" in Section 27-1 in lieu
thereof as follows:
"Disal/lity" means, with ~cspect to a
(1) A physical or monnd impairment
which substantially limits one or more of
such person's major life activities, and the
condition of a person with a positive hun~
immunodeficiancy virus mst result, a
Regular Session, May 18, 1992
184
diagnosis of auqnircd immune deficiency
syndrome, a diagnosis of acqui.,ed immune
deficiency syndrome-minted complex, or any
other ccodition related to acquired immune
deficiency syndrome. The inclusion of a
coediilon related to a positive hun~
immunodeficinncy virus test rescit in the
meaning of'disalility" under the provisions
of this chapter does not preclude the
application of the provisions of this chapter
to conditions msultiag from other contagious
or infectious ~s;
(2) A rec.4xd of having such an
impairment; or
O) Buing regarded az having such an
impairment, but such term docs not include
current, illegal use of or addiction to a
controfied substance as defined in Section
102 of the Controlled Substances Act (21
U.S.C. 802) or Chapter 204 of the Iowa
Code.
individuals (who have not attoined the age of
18 ye. am) being domiciled with:
(1) A parent or anotigr person having
legal custody of such individual or
individeals; or
(2) The designee of such parent or other
person having such custody, with the written
permission of such parent or other person,
(3) Thc protections afforded against
discrimination on the basis of familial status
shall apply to any person who is pregnant or
is in the process of securing legal custody of
any individual who has not attained the age
of 18 years."
Section 2. The Code of Ordinancc~ of thc
City of Dubuque, Iowa, is amended by
enacting a new Section 27-27(9) az follows:
"(9) The commission n-.ay delegate
any of ils functions, duties, and powers to
its staff including functions, duties, and
powers with respect to investigating,
conciliating, determining, certlfyiug,
reporting, or otherwise acting as to any
work, business, or maker under this
chapter."
Section 3. Thc Code of Ordinances of the
City of Dubuque, Iowa, is an~nded by
repealing Section 27-62(2) and enacting a
new Section 2742(2) in lieu thereof as
follows:
"(2) The ~ental or leasing to transient
individuals of less than four (4) rooms
within a single hcoalag aneommodafi~ if
the occupant or ownur or members of the
owner's or occupant's family reside
therein."
Section 4. The Code of Ordnances of the
City of Dubuque, Iowa, is amended by
~pealiag Section 27-118 and enacting a new
Section 27-118 in lieu thereof as fullows:
"Sec. 27-118. Provisiooui rernedie~.
If, any time after the fil/ng of a con,plaint,
it shall appem- to the commission that there
is re~son to believe that the party charged
has viulatod this chapter and tbe~ is ,~ason
to believe that the person charged is about to
commit acts which would make impossilde
compliance with an order of the commission
to alleviate the grievance, or it appears that
a complainant may suffer hreparable injury
as a result of allnged violation, the
commission may direct its attorney to seek a
temporary injunction restrnining thc party
charged from doing these acts pending
completion of the proceedings under this
chapter. A temporary injunction n'my be
issued o/dy after the respondent has been
notified and afforded the oppommity to be
heard."
Section 5, The Code of Ordinances of the
City of Dubuque, Iowa, is amended by
repeafing Sections 27-81 and 27-82 and
adopting the fallowing Ardclc VI, Sections
27-130 - 27-148 in lieu thereof as follows:
ARTICLE VI
FAIR HOUSING
Sec. 27-130. Definitions.
As used in this Article:
"Dwelling" means any building, slmctm~,
or portion thereof which is occupied as, or
designed or intended for occupancy as, a
residence by one or more families, and any
vacant land which is offered fca' sale or lease
for the construction or location thereon of
any such building, structure, or portion
thereof.
'*Family" includes a single individual.
"Person" includes one or more
individuals, corporations, partnerships,
associations, labor ~cganlzallons, legal
representatives, mutual companies, joint-
stock companies, ~usta, unincoqx)raw, d
organizations, Irustees, trustees in cases
under Tide 11 (of the United States Code),
receivers, and fidudasies.
185
Regular Session, May 18, 1992
"To rent" incledcs to lease, to sublease, to
let and otherwise to gxant for a consideration
the right to occupy premises not owned by
the occupant,
"Discriminntmy housing practice" means
an act that is unlawful under Sechons 27-
131, 27-133 or 27-134 of this Article.
"Slam" means the Stats of Iowa and any
of its political subdivisions,
"Aggrieved person" innlndes any person
who:
(1) Claims to have been injured by u
diucriminntory housing practice; or
(2) Believes that such pe~on will be
inju~d by u disoriminatucy housing practice
that is about to occur.
"Complainant" means thc person who
files a complaint under Section
2%135.
"Conciliation" means the attempted
resolution of issues raised by a complaint, or
by the investiga~on of such complaint,
through informal negotiations involving the
aggrieved person, the respondent* and the
commission.
"Conciliation ngx~ement" means a written
agreement setting forth ~e ms~ufi~ of ~e
iss~s ~ ~nc~afi~.
"Respondent" means:
(1) The person or other entity accused in
a complaint of an unfair housing practice;
and
(2) Any othe~' person or entity identified
in the course of investigation and notified as
required with respect to respondents so
identified under Section 27-135(a).
"Prevailing party" has the same meaning
as such term has in Suction 722 of the
Revised Statutes of the United States (42
U.S.C. 1988).
"Secretary" nseans the U.S. Sucretary of
Housing and Urban Development.
Sec. 27-131. Prohibitions.
It shall be unlawful:
(1) To refnse to sell or rent after the
making of a bona fide offer, or to refuse to
nngoliate for the sale or rental of, or
other~4se make unavailable or deny, a
dwelling to any person because of race,
color, religion, sex, familial status, national
origin, uce,~, age, or disability.
(2) To discriminate ngainst any person in
thc terms, conditicms, or priviiegcs of sale or
rental of a dwelling, or in the provision of
senriucs uc facililics in connection therewith,
becau~ of race, color, religion, sex, familinl
status, national origin, creed, age, or
disability.
O) To make., print, uc publish, or cause to
be made, printed, or published any notice,
statement, or advertisement, with respect to
the sale or rennd of a dwelling that indicates
any prefe~vmce, limitatico, or discrimination
based on race, color, rallgion, sex, familial
status, national origin, creed, age, or
disability, or an intention to make any such
preference, limitation, or discrimination.
(4) To reF~scet to any person because of
race, color, religion, sex, familial statos,
national origin, creed, age, or disability diet
any dwelling is not available for inspeclion,
sale, or rental wben such dwelling is in fact
so available.
(5) For profit, to induc~ uc attempt to
induce any person to sell or rent any
dwelling by representations regarding the
entry or prospective enW/ into the
nelghb~hood of a person or disabled
persons of a perl/cniar race, color, tel/glen,
sex, familial status, nndcoal origin, creed,
nge~ or disability,
(6) (A) To discriminate in the sale or
rennd, or to otherwise make
unavailable or deny, a dwelling to
any buyer or renter because of a
disability of:
(i) That buyer or rentec
(ii) A person residing in or
intending to reside in that
dwelling after it is so sold,
rented, or made available; or
(iii) .~uy person associa~d with
that buyer uc renter.
(B) To discriminate against any
person in thc terms, conditions, or
privileges of sale or rental of a
dwelling, or in thc provision of
services or facilities in connuction
with such dwelling, because of a
disabfllty of:
(i) That person; or
Regular Session, May 18, 1992
186
(ii) A person essiding in or
intending to reside in that
dwelling after it is so sold,
rented, or nmde available; uc
(iii)Any pe~son oasociaW, d with
that person.
(C) For purposes of this subsectioo,
discrimination includes:
(i) A refusal to permit, at the
expense of the disabled
person, reasonable
mod/fications of existing
premises occupied or to be
occupied by such person if
such modifications may be
necessary to afford such
person full enjoyment of the
premises, except that, in the
case of a rental, the landlord
may where it is reasonable
to do so condition
punnission for a modifica-
tion on the renter ng~v~elng
to resto~ the interior of th,:
premises to the condition
that existed before the
modification, reasonable
(ii) A refusal to make
reasonable accommodations
in rules, policies, practices,
of serviucs, when such
accommodations may be
necessary to affocd such
person equal opportunity to
use and enjoy a dwelling; or
(iii)In connection with the design
and construction of covennl
multi-family dwellings for
i'.cst occupancy after the date
of publication of this
ordinance, a failm~ to design
and construct those dwellings
in such a manner that:
(a) The public use and
of such dwellings a~
readily ~s~ble ~
and usable by
~s~l~ ~so~;
(b) All thc doors
designed to allow
passage into and
within aii premises
within such dwcltings
a~ sufficiently wide
to allow passage by
disabled persons in
wheelchairs; and
(c) All la~mises within
such dwellings
contain the following
features of ndaptive
design:
i) An aocessiblc mute into and
through the dwelling;
ii) Light switches, electrical
outlets, thermostats, and
othcac environmental ccotrols
in accessible locations;
iii) Reinforccrr~nts in bathroom
wails to allow later insnd-
latioo of grab bsrs; and
iv) Usable kitchens and
buthro~ns such that an
individ~ in a wheelchair
can maneuver about thc
space.
(D) Conspliance with the appropriate
reqnl~ments of the American
National Standard for buildings and
faciiities providing accessibility and
usability for physically handicapped
people (commonly cited as "ANSI
ALI7.1") suffices to satisfy the
requirements of paragraph
(6)(C)(ili)(c).
(E) As used in this subsection, the
term "covered multi-family
dwellings" means:
(i) Buildings consisting of foot
(4) or more units if such
buildings have one or mo~
elevators; and
(ii) Ground floor units in other
buildings consisting of fo~
(4) or more units.
(F) Nothing in this subsection
mqnires that a dwelling be mede
available to an individual whose
tenancy would constitute a direct
threat to the health or safety of other
individ~s or whose tennncy woaid
msnit in substantial physical damage
to the prope~y of others.
Sec. 27-13Z Exemphons.
(1) Nothing in Seetio~ 2'/-131 of this
Article other than subsection (3) shall appiy
to:
187
Regular Session, May 18, 1992
(A) Any single-family house sold or
rented by an owner provided that:
(i) The private individual
owner does not own mo~
than three (3) such single-
farafly houses at any one
(ii) In the sale of any single-
family house, the p~ivate
individual owner does n~
reside in, nor is the most
recent resident of such
house prior to such sale; the
exemption [gatued by tbis
subsection shall apply to
only one (1) such sale
within a twenty-four (24)
month period; and
fii) The private individual
owner docs not own any
interest in, nor is there
owned or rcs~ved on the
owner's behalf, under
express or voluntary
agreement, title to, or any
right to all or a pollen of
thc precceds from thc sale
or rental of more than three
(3) such single-family
homes at one time; and
(iv) There is no utilization in any
manner oftbe sales er rental
facilities or thc sales or
rental services of any m~l
son, or of such faciiliics or
services of any pearson in the
busincss of snigng or ranting
dwellings, or of any
employee or agent of any
such broker, agent,
sniespcrson or person; and
(v) There is no publication,
posting or mailing, after
notice, of any advertisement
or written notice in violation
of Section 2%131(3) of this
Article. Nothing in this
subsection probibits the
utilization of attorneys,
escrow agents, abstracters,
title companies, and other
such professional asslstam~
as necessary to perfect or
transfer the title.
(B) Ro~-ns or units in dwellings
containing living quarters occupied or
intended to be eccupicd by no more
than fov, r (4) families living
indupcndently of each other, if the
owner actually malnteins and
occupies one of such living quar~rs
as his residence.
(2) For thc purposes of subsection (1) of
this se~fion, a person shall be dnemed to be
in thc business of selling or renting
dwnilings if:
(A) The person has, within the
preceding twelve (12) months, par-
ficipeted as principal in three (3) or
more transactions involving thc sale
or rental of any dwelling or any
interest therein; or
(B) Tbe person has, within thc
preceding twelve (12) months,
partlcipeted ~ agent, other thau in
the sale of the person's own personal
residence in providing sales or rental
facilities or sales or rental services in
two (2) or more transactions
invalving the sale or rental of any
dwdling or any interest therein; or
(C) The person is the owner of any
dwelling designed or intended for
occupancy by, or eccupied by, five
(5) or more families.
O) Nothing hi this Article shall prohibit a
religious organization, association, or society,
or any nonprofit institution or organization
opereted, supervised or controlled by or in
conjunction with a religious organization,
association, or society, from limiting thc
sale, rental or occupancy of dwellings which
it owns or operates for other than a
commercial purpose to persons of thc same
religion, or from giving p~ference to sech
persons, unless membership in such religion
is restricted on account of raen, color,
religion, sex, familial status, national origin,
creed, age, or disability. Nor shall anything
in tiffs subehapter prohibit a private club not
in fact open to the public, which as an
incident to its primary purpene or purposes
provides lodgings which it owns or operates
for other than a comm~x:~l purpose, from
Igniting the rental or occupancy of such
lodgings to ils members er from giving
pmfcrenc~ to its n-~mbers.
(4) (A) Nothing in efts Article limits the
applicability of Chapter 21 regarding
the maximum number of occupants
permitted to occupy a dwelling. Nor
does any provision hi digs Article
regarding familial status or age apply
with respect to housing for older
Regular Session, May 18, 1992
188
(B) As used in ibis section "housing
for older IX~Om" means housing:
(i) Provided under any state or
federal I~ that the
Sec~tmy detotmlnes is
specifically designed and
operated to assist elderly
persons (as defined in the
state or federal lx~gram); or
(ii) Intended for, and solely
occupied by, persons sixty-
two (62) years of age or
olde~; c~
(iii)Intended and operated for
occupancy by at least one
person fifty-five (55) years
of age or older per unit In
determining wbether housing
qualifies as housing for older
persons undcr this subsec-
tion, the commission shall
develop regdiatlons which
require at least the following
factors:
(a) Thc existence of
significant facilities
and services
specifically designed
to meet the physical
or social needs of
older persons, or if
the provision of such
facilities and services
is not practlcablc, that
such housing is
nccessary to provide
important housing
opportunities for
older persons; and
(b) That at least nighty
(80) percent of the
units are occupied by
at least one person
fifty-five (55) years
of age or older per
unig and
(c) The publication of,
policies and
procedures which
by the owner or
manager to provide
housing for persons
fifty-five (55) years
of age or older.
(C) Housing shall not fail to meet the
requfremonts for housing for older
persons by reason of:
(1) Persons residing in such
homing u of the date of
enactment of this Article
who do not meet the age
requirements of subseetlons
(4)0~)(ii) or (4)(B)(lii);
provided, that new
occupants of such ho~sing
meet the age mqninm~ents
of subsectlom (4)(BXii) or
(4)(B)(iii); or
(ii) Uncccupied unlls; provided,
that such units are re~erved
for occupancy by persons
who meet the age
reqniremenls of subsections
(4)0~)(ii) or (4XB)(lil).
(D) Noflfing in this Article probibits
conduct ngninst a person because
such person has been convicted by
any court of competent jurisdiction of
thc illegal manufacture or dis~ibution
of a controlled substance as defined
in Section 102 of the Conm~lled
Subztances Act (21 U,S,C. 802) or
Chapter 204 of the Iowa Code.
Sec. 2%133. Discrimination in residential
~ estate-related mmsectlons.
(1) in general. It shall be unlawful for any
person or other entity whose business
includes engaging in residential real estate-
related transactions to discriminate against
any person in making available such a
transaction, or in the terms or conditions of
such a transaction, becaese of race, color,
religion, sex, familial status, national origin.
creed, age, or di~abiiity.
(2) Definition. As used in this section,
thc lerm "residential real estate-related
transaction" means any of thc following:
(A) The making or purchasing of
loans or providing other financial
assistance:
(i) For purchasing,
constmcting, improving,
repairing, or nmintaining a
dwelling; or
(ii) Secured by residential real
(B) The selling, brokering, or
appraising of residential ~ prefer ry.
189
Regular Ssssion, May 18, 1992
(3) Appraisal exemption. Nothing in this
Article prohibits a person engaged in the
business of furnishing appraisals of real
property to take into coflaidamtion factors
other than race, color, religion, sex, fiunilial
status, national ~igin, creed, age, or
disability.
Sec. 27-134, Discrimination in provision
of brokerage services.
It shall be unlawful to deny any person
access to or membership or participation in
any multiple-listing service, real estate
b~kers' organization or other service,
organization, or facility relining to the
business of selling or renting dwellings, or to
discriminate against such person in the terms
or conditions of such access, membership, or
peCdcipetion, on account of race, color,
religion, sex, familial status, national origin,
c~ed, age, or disability.
Sec. 27-135. Administrative enforcement;
preliminary roarers.
(1) Complaints and answers.
(A) An aggrieved person may, not
later than one hundred eighty (180)
days after an alleged discriminatory
housing practice has occurred or
terminated, file a complaint with die
commission alleging such
discriminatory housing practice. The
commission, on the commission's
own initiative, a conmissioner or the
Legal Department, may also file such
a complaint.
(B) Such complaints shall be in
writing and shall contain such
information and be in such foam as
the commission requires.
(C) The commission may siso
investigate housing practices to
deter~ne whether a complaint should
be brought under this section,
(D) Upon the filing of such a
complaint:
(i) The commission shall serve
notice upon the aggrieved
person acknowledging such
filing and advising the
aggrieved person of the time
limits and choice of forums
provided under this Article;
(ii) The commission shall, not
later than ten (10) days after
such filing or the
identification of an addi-
tional reapondem under
paragraph (G), serve on the
respondent a notice
identifying the alleged
discriminatory housing
practice and advising such
respendent of the procedural
tights and obligations of
respondents under this
Article, together with a copy
of the original complaint;
(iii) Each respondent may
file, not later than tan
(10) days after receipt of
notice from the
commission an answer to
such complaint; and
(iv) The commission shall
make an investigation of
the alleged discrimi-
natoW housing practice
and complete such
investigation within one
hundred (100) days after
the filing of the
complaint, unless it is
impracticable to do so.
(E) If the commission is unable to
complete the investigation within one
hundred (100) days after the filing of
the complaint, the commission shall
notify the complainant and
respondent in writing of the ~qe. asons
for not doing so.
(F) Complaints and answers shall be
under cmh or affirmation, and may
be ~asonably and fairly arr~nded at
any time.
(G) A person who is not named as a
respendant in a complaint, but who is
identified as a respondent in the
course of investigation, may be
joined as an additional or substitute
respondent upon written notice. Such
notice, in addition to meeting the
requirements of paragraph (1), shall
explain the hasis for the
comniission's belief that die person to
whom the notice is addressed is
prcperly joined as a respondent.
(2) Investigative report and conciliation.
(A) Beginning with die filing of a
complaint, the commission shall, to
the extent feasible, engage in
conciliation with respect to such
complaint.
Regular Session, May 18, 1992
190
(B) A conciliation agrzemant arising
out of such conciliation shall be an
agreement between the respondant
and the complainant, and shall be
subject to approval by the
commission.
(C) A conciliation agreement may
provide for binding aff~traiion of the
dispute arising from thc complaint.
Any such ~bitmtion that resalts
a conciliation ag~em~nt may award
appropriate ~diof, including monete~y
relief.
(D) F~ach conciliation agreement shall
be made public unless the
complainant and respondent
otherwise agree and the commission
determines that disclosure is not
required to fiuther the purpescs of
this Article.
(E) O) At the end of each
investigation under this
section, the cornnission
shall prepare a final
investigative report
containing:
(a) The names and dates
of contacts with
witnesses;
(b) A summary and the
dates of
correspondence and
other cootacts with
the aggrieved person
and the respondent;
(c) A summary
description of other
pertinent records;
(d) A summary of
witness statements;
and
(c) Answers to
interrogatories.
(ii) A final repot under this
paragraph may be amended
if additional evidence is
later discovmed.
(3) Failure to comply with conciliation
agmen~nt. Whenever the commission has
probable cause to believe that a respondent
has breached a conciliation agreement, the
commission shall refer the matter to the
Legal Deparm~ont with a rzeommeedation
that advil action be filed for the enforce-
merit of such agreement
(4) Proltibltions and requirements with
respect to discio~me of info--on.
(A) Nothing said or done in thc
course of conciliation under this
A~icle may be mndc public or used
as evidence in a subsequent
procoedlng under this Anidc without
the v.~itton consent of the persons
(B) Notwithstanding subparagraph
(A), the commission shall make
available to the a~fievnd person and
the respondent, at any time, upon
request following completion of thc
commission investigation, information
derived from an investigation and any
final investigative report mlndng to
that investigation.
(5) Prompt judicial action.
(A) If the commission concludes at
any rims following the filing of a
complaint that prompt judicial action
is necessary to carry out the purposes
of this Article, the commission may
authorize a civil action for
appropriate tempe~a~y or preliminary
relief pending final disposition of thc
complaint under this sccfio~. Upon
receipt of such audic(izndon, the
Legal Dcpertmcnt shall promptly
commence and maintain such an
action. Any temporary restraining
order or edict order granting
F~liminary cF temporary relief shall
be issued in acco[dance with the
Iowa Ruins of Civil Procedure. Thc
commencement of a civil action
under this subsection does not affect
thc initiation or continuation of
ndmiuistrmive proceedings under this
Article.
Sec. 27-136. Probable cause
determination and effect.
(1) If die commission detcrmincs that
probable cause exists to believe that a
disctiminato~'y housing or real estate practice
h~s cccuu~l c~ is about to occur, the
commission shall immediately issue a
determination unless the commission
determines that the legality of a zoning or
land u~c law or cFdinance is involved as
provided in paragraph (4).
191
Regular Session, May 18, 1992
(2) A cause determination must:
(A) Consist of a short und plain
statement of the facts on which
the commission hns found
probable cause to balieve that a
disc~minatory housing or real
esta~ practice has occurred or is
(B) Be based on the final
investigative report; and
(C) Need not be limited to the facts
or grounds alleged in the
(3) Not later than twenty (20) days after
the commission issues a cause determlnmim%
the commission shall send a copy of the
determination with information as to how to
make an election under Section 27-138 to ail
of the followlng persons:
(A) Each respondent; and
(B) Each aggrieved person on whose
behalf the complaint was fred.
(4) If tho commission determines that the
matter involves the legality cfa state or locai
zoning or other land use ordinance, the
commission shall not issue a determination
and shall immediately refer the matter to the
Legal Department for appropriate action.
(5) If the commission determines that no
probable cause exists to believe that a
discriminatory housing or real estate practice
has onetmed or is about to occur, the
commission shall promptly dismiss the
complaint. The commission shall make
public disclosure of each dismissal under this
Article.
(6) The commission shall not issue a
deterraiuntion under this section rnganling an
alleged discriminatory housing or real estate
practice after the beginning of the trial of a
civil action coaunenced by the aggrinved
pat~y under federul or state law sccklng relief
with respect to the disefiminatory housing or
reai estate practice.
Sec. 27-137. Subpocnaz; giving of
evidence.
(1) In gcoeral. The commission r~y
issue subpoenas mid order discovery in aid
of investigations and healings under this
Article. Such subpoenas and discovery nmy
be ordered to the same extent ~ subject to
thc same limitations as would apply if thc
subpoenas or discovery were ordered or
served in aid of a civil action in thc Iowa
dis~ct court.
(2) Cfil~nal penalties.
(A) Any person who willfully fails or
neglects to attemi and te~tlfy or to
answer any lawful inquL, y or to
produce records, documents, or other
evidence, if it is in such person's
power to do so, in obedience to a
sulrpoena or other lawful order under
subsection (1), shall be referred to the
Legal Department of the City or the
County Attomcy*s Office for
prosecution.
(B) Any person who, with intent
thereby to mislead another person in
any proceeding under this Article:
(i) Makes or causes to be made
any false entry or statement
of fact in any report.
account, record or other
document produced porsuant
to subpoena or other lawful
order under subsection (1);
(ii) Willfully neglects or fails to
(iii) Willfully mutilates,
alters, or by any other
means falsifies any
docomcotary evidence --
shall be refcned to the Legal
Department of the City or the County
Attorney's Office for prosecmico.
Sec. 27-138. Enforcement by
commission.
(1) Election of judicial determination.
When a probable cause detelminatlon has
been issued, a complainant~& respondent, or
an aggrieved person on whose behalf the
complaint w~s fried, may elect to have the
claims asserted in that complaint decided in
a civil action under Secdon 27-141 in lieu of
a hearing under subsection (6). The election
must be made not later than twenty (20) days
after thc receipt by the electing person of
service under Section 27-136 or, in thc case
of the corawdssion, not later than twenty (20)
days after such service. Thc person making
such election shall give notice of doing so to
the corranlssion and to ~ other complainants
Regular Session, May 18, 1992
192
and respondents to whom the complaint
relates.
(2) Administrative law judge hearing in
absence of election. If an election is not
made under subsection (1) with respect to a
complaint, the commission shall provide an
opportodity for a heating co the record with
respect to the complaint issued under Section
27-135. The commission shall delegate the
conduct of a hearing under this section to an
administrative law judge appointed by the
commission.
O) Rights of perdes. At a hearing under
this secilon, each party may appear in
person, be represented by counsel, present
obtain the issuance of subpconas under
Section 27-136. Any aggrieved person may
intervcoc as a party in thc proceeding. Thc
Iowa Rules of Evidence apply to the
presentation of evidence in such healing as
(4) Expedited discovery and hearing.
(A) Discovery in administrative
proceethngs under this section shall
be conducted as expeditiously and
inexpensively as possible, consistent
with thc need of all parties to obtain
relevant evidence.
(B) A hcarlng under this section shall
be conducted ns expeditiously and
inexpensively ns pezsible, consistent
with the needs and fights of the
parties to obtain a fair heating and a
complete record.
(5) Resolution of charge. Any resolution
of a charge before a final order under this
section shall require thc consent of thc
aggrieved person on whose behalf the chergc
is issued.
(6) Hearings, findings and conclusions,
and order.
(A) The administrative law judge
shall commence the hearing under
this section no later than one hundred
twenty (120) days following thc prob-
able cause determination, ualess it is
imlwacticable to do so. If the admin-
istrative law judge is unable to
commence the hearing within ane
hundred twenty (120) days after the
determination, the udmihistra~ve law
judge shall notify the oonm~sion,
the aggfievnd person on whose behalf
the ch~ge was fred, and the
respondent, in vedting of the reasons
for not doing so.
(B) The administrative law judge
shall make findings of fact and
conclusions of law within sixty (60)
days after the end of the heating
under this sectico, unless it is
impracticai:~e to do so. If the
ndmihistsafive law judge is unable to
make findings of fact and conclusions
of law within such period, or any
succeeding sixty (60) day period
thereafter, the administrative law
judge shail notify the commission,
the aggrieved person on whose behalf
the ebarge was fred, and the
respondent, in writing of the reasons
for not do~ng so.
(C) If the administrative law judge
finds that a respondent has engaged
or is about to engage in a
discriminatory homing practice, such
administrative law judge shall
Prcmpily issue an order for such
relief as may bc approl~iate, which
may inchide actual damages suffezed
by the aggrieved person and
injunctive or other equitable relief.
Such order may, to vindicate the
public interest, assess a civil penalty
ngainst the respondent in an amount
not to exceed those established by the
Federal Fair Housing Act in Section
42 U.S.C. 3612.
(D) No such order shall affect any
consummated heforc the issuan~ of
such order and involving a ho~ fide
purchaser, c~umbrancer, or tenant
without actual notice of thc charge
fred undcr this Ar~cle.
(E) In the case of an order with
respect to a discriminatory housing
practice that occuncd in the course of
a business subject to licensing or
regulation by a govcrmncnud agency,
the commission shall, not inter than
thlUy (30) days after the date of thc
issuance of such order (or, if such
order is judicially reviewnd thirty
(30) days after such o~der is in
substance affinmd upon such
review):
(i) Send copies of the findings
of fact, conclusion of law,
and the order, to that
goveramennd agency; and
193
Regular Session, May 18, 1992
(ii) Recommend to that
governmental agency
appropriate disciplinary
action (includhig, where
apl~opriate, the suapeflsic~l
or revo:atiou of the license
of the maponden0.
(F) If the adminism~tive law judge
find~ that the respondent has not
engaged or is not about to engage in
a discriminauny housing practice, as
thc case may bo, such administrative
law judge shall en~ an order
dismissing the charge. *[he
cmnmisalon shall make puSlic
disciosmc of each such dismissal.
(G) An admidist~ve law judge may
not continue administrative
proceedings under this scctlon
regarding uny alleged discriminatory
housing practice after the beginning
of the trial of a civil action
commenced by the aggrieved party
under a Federal or State law, seeking
relief with respect to that
discriminatoxy heusing practice.
Sec. 27-139. Review by commission;
service of final order.
(1) *[he commission may review any
finding, conclusion, or order issued under
subsection 27-138. Such review shall bo
complctud not later than thirty (30) days
after thc finding, conclusion, or order is so
issued; otherwise the finding, conclmion, or
order becomes final.
(2) Thc conunission shall cousc the
findings of fact and conclusions of law mudc
with respect to any final order for relief
under this ~ction, together with a copy of
such order, to bo servud on each ag~ieved
person and each respondent in the
proc~e~ng.
Sec, 2%140, Judicial review.
(1) Any party aggricved by a fi*ud order
for relief under fltis section granting or
denying in whole or in part the relief sought
may obtain review of such order by filing a
petition for review not later than thirty (30)
days after the order is issued in the Iowa
disaict court pursuant lo Chapter 17A, Iowa
Code.
(2) Court enforcement of udministradve
order upon petition by commission.
(A) The commissico may petition the
Iowa dis~ct court in which any
order of thc admisdstmtive law judge
and for appropriate temporary relief
or restraining order, by filing in such
court a written petition praying that
such order be enforced and for
app~:opriate tempora~ relief or
(B) Thc commission shall fihi in
cou~t with the petition the record in
thc proceeding. A copy of such
petition shall he forthwith transmitted
by the commission to the panics to
the proceeding before the udmidis-
trative law judge.
(3) Relief which may be granted.
(A) Upon the filing of a petition
under Section 27-135, the court may,
pursuant to Sectiou 601A. 17 of the
lowa Code:
(i) Grant to thc petitioner, or
any other party, such
temporary relief, restraining
order, or other order as the
court deems just and proper;
(ii) Affirm, modify, ~ set aside,
in whole or in part, thc
order, or remand the order
for further proceedings; and
(iii) Enforce such order to the
extent that such order is
afl'mM or modified.
(B) Any party to the proceeding
before the udmialstsmlvc law judge
may intervene on appeal to t~ court.
(C) No objection not made before the
udminisffative law judge shall be
considered by die court, unless the
failure ~ neglect to urge such
objection is excused because o£
extraordinary circumstances.
(4) Enforcemunt decree in absence of
~tition for review, lfnopetition for review
is filed under subsection (1) before the
expiration of fogy-five (45) days after the
date the adnddistrative law judge's order is
entered, the administrative law judge*s
.findings of fact and order shall bo conclusive
in connection with uny petition for
enforcement:
(A) Which is filed by thc commission
under subsection (1) after the end of
such day; 0r '
Regular Session, May 18, 1992
194
(B) Ueder subsectiou (5).
(5) Court enforcement of udmlals~afive
order upon petition of any per~)n entitled to
mlicL ff boron: the expiration of sixty (60)
days after the date th~ udministrativc law
judge*s otde~ is cnte~d, no petition for
review lam been filed under sub~ction (1),
and the commission hes not sought
enforcement of the, order under subsection
(2), any person entitled to refief under the
order rrmy petition for a dec~o en f~ciag the
order in the lowa dis~ict com't in Dubuque
County, Iowa.
(6) Civil action for eaforcemant when
election is made for such civil action.
(A) If an election is made under
subsection 27-136(3), thc commission
shall authorize, and, not later than
thi~y (30) days after thc election is
made, thc Legal Dcpertmcnt shall
commence and maintain, a civil
action on behalf of the aggrieved
person in the Iowa district court in
and for Dubuque County seeking
relief under this subsection in
accordance with Section 60lA. 16A of
the Iowa Code.
(B) Any aggrieved person with
respect to the issues to bo determined
in a civil action under this subsection
may intervene as of right in that civil
action.
(C) In a civil actieo under this
subsection, if the court finds that a
discriminatory housing practice has
occurred or is about to occur, thc
court may ~ant as relief any ralicf
which a court could grant with
respect to such diseriminato~y
housing practice in a civil action
under Section 27-141, Any refiefso
granted that would accrue to an
aggrieved person in a civil action
corameuced by that aggrieved per~ou
under Section 27-141 shall also
accrue to that aggrieved person in a
civil action under this subsectie{t. If
monetary relief is sought for the
benefit of an aggrieved person who
does not intervene in thc civil action.
the court shall not award such relief
if that aggrieved person has not
complied with discovery orders
enteae, d by thc court.
(7) Attorney's fees. hi any administrative
proceeding brought under this section, or any
court pmcee~ng arising t~refrom, ~ any
civil action thc udminisUafive law judge or
the court, as thc case may be, in its
disc-etlon, may allow the prevailing party,
other than thc cooudission, reasonable attor-
ney's fcc and costs.
Sec. 2%141. Enfcgcement by IXivate
persons.
(1) Civil action.
(A) An aggrieved person nmy
commence a civil action in an appeo-
pfiate United States district court or
state court not later than two (2)
years after thc ocouncnce or the
termination of an alleged
discriminatory heosing practice, or
the breach of a conciliation
agreement entered into under this
Article, whichevc~ occurs last, to
obtain appropriate relief with respect
to such discriminatory housing
practice or breach.
(B) Thc computation of such two (2)
year period shall not include any time
during which an administrative
proceeding under this Article was
pending with respect to a complaint
or charge under this Article based
upon such discriminatory housing
practice~ This subparagraph does not
apply to actions arising from a breach
of a conciliation agmemcnL
(2) An aggrieved person may commence
a civil action under this subsection whether
or not a complaint has been filed under
Section 2'/-135 and without ~gard to the
status of any such complaint, but if the
commission or the Iowa Civil Rights
Commission has ob~ined a conciliation
agreement with the conmnt of an aggrieved
person, no action may he filcd under this
subsection by such aggrieved person with
respect to the alleged discriminatory housing
pr~tice which forms thc basis for such
complaint except for the porpo~e of
enforcing the terms of such an agreement.
O) An aggrieved person may not
commence a civil action under this
subsection with respect to an alleged
discriminatory housing practice if an
admidistrative law judge has commenced a
hearing on the record under this Article with
respect to such charge.
(4) Appointment of attorney by court.
Upon application by a person alleging a
discriminatory homing practice or a person
against whom such a practice is alleged, the
court may:
195
Regular Session, May 18, 1992
(A) Appoint an attorney fc~ such
(B) Authorize the c..ommcncemcnt or
coutinantion of a civil action under
subsection (I) without the payment of
fees, COsts, or secmity, if in the
opinion of the cou~ such person is
financiaily unable to bear the cests of
such action.
($) R¢l/nf which may be granted.
(A) In a civil uction under subsection
(1), if the court finds that a
discfirciuntegy homing practice has
court amy award to the plaintiff
actual and punitive damages, and
subject to subsection (6), may grant
as relief, as the court deems
appropriate, any permanent or
restraining order, or other order
(including an order enjcihing the
defendant from engaging in such
practice or ordering such afllrmative
action as rmy be appropriate).
(B) In a civil action under subsection
(1), the court, in its discretion, may
allow the prevailing party, re-~sonable
attorney's fee and costs.
(6) Effect on certain sales, encumbrances,
and mntsls. Rciief granted under this section
shall not affect any contract, sale,
encumbrance, or lease consummated before
the granting of such relief and involving a
bona fide purchaser, encumbrancer, or
tenant, without actual notice of the filing of
a COmplaint or civil actiun under this Article.
(7) Intervention by the Legal Department.
Upon timciy application, the Legal
DeparUnont may intervene in such civil
aedon, if the Legal Department cealifins that
the case is of general public importance.
Upon such intervention the Legal
Department may oblaln such rciicf as would
be available to the Legai Department under
Section 27-142 in a civil action to which
such section applies.
Sec. 27-14Z Enforccmcot by thc Legal
Department
(1) On die request of the commission, the
Legal Department may file a civil action in
die district court for appropriate relief if the
commission has prolmble cause to believe
that any of the following appli~:
(A) A person is engaged in a pat~rn
ot practice of resistanco to th~ full
enjoyment of any beusing fight
granted by this Article.
(B) A person has ~ denied any
housing fight granted by this Article
and that denial raima an issue of
general public imlxmance.
(2) The commission may request the
Legal Dupmanent to take appropriate legal
action ofa d~scriminatory housing practice or
to euforce a conciliatiun agreement.
(A) The Legal Department may
commence a civil action in any
appropriate court for approl~inte
relief with respect to a discriminate~,
housing practice referred to the Legal
Department
(B) A civil action under this
paragraph may be commenced not
later than thc expiration of two (2)
years after the date of the occurrence
of the termination of the alleged
discriminatory housing practice as
provided in Section 601A. 16A of the
Iowa Cede.
(C) The Legal Department may
commence a civil action in any
appropriate court for appropriate
relief with respect to breach of a con-
ciliation ag~ement referred to the
Lagai Depammnt by the commission.
(D) A civil action may be
commenced under this paragraph not
later than thc expiration of ninety
(90) days after thc referral of the
alleged breach under Section 27-
135(3).
(E) Enforcement of subpoenas. The
Legal Department, on behalf of the
COmmission, or other party at whose
rexluest a subpocun is issued, under
this Article may e~forcc such
subpoena in appropriate proceedings
in the district COurt for the district in
which the person to whom the
subpoena was addressed realde~, was
served, or transacts business.
(F) Relief which may be granted in
civil actions under subsections (1)
and (2) in acco:alsace with Section
~01A.17A of the Iowa Code.
O) I~ a civil action under
subsection (1) or (2), the
Regular Session,
(a) May award such
preventive relief,
including a permanem
or temporary
injunction, restraining
order, or other ceder
against the person
responsible for a
violation of this
Article as is necessary
to assm'e thc full
enjoymcmt of the
rights granted by this
Article.
(b) May award such
other relief as the
appropriate, including
moneUuT damages to
persons aggrieved;
and
(c) May, to vindicate the
public interest, assess
a civil penalty against
the respondent:
i) In an amount not exceeding
$50,000 for a first violation;
and
ii) In an amount not exceeding
$100,000 for any subsequent
violafiun.
(3) In a civil action under this section, thc
court, in its discretion, may allow thc
prevailing party, reasonable attorney's fee
and costs.
(4) Intervention in civil act/om. Upon
thunly application, any person may intervene
in a ci'dl action commenced by the Legal
Departo~nt under subsection (1) or (2)
which involv~ an alleged discfiminatory
housing praclice with respect to which such
person is an aggrieved person or a
COnciliation agreement to which such person
is a party. Thc court may grant such appro-
pfiate relief to any such inte~vcoing party as
is authorized to be granted to a plaintiff in a
civil action under Section 27-141.
Sec. 27-143. Cooperation with state and
federal agencies adrrJnistering fair housing
laws. The commission may cooperate with
state and federal agencies clmrged with the
ndministzation of state and federal fair
housing laws and, with the consent of such
agencies, utilize the services of such
agencies and their employees and in
furtherance of such cooperative efforts, the
conm~ission may enter into wiit~n
May 18, 1992 196
ngreemcots with such state or feda'ni
agencies.
Sec. 27-144. Interference, coercion, or
intimidation; enforcement by nivil action, it
shall be unlawful to coerce, intimidate,
threaten, or intm*fcre with any person in the
exea'cise or enjoyment of, or on account of
such person having exercised or enjoyed, or
on account of such persco having sided or
encouraged any o~her person ia the exercise
or enjoyment of, any fight granted or
protected by this Article. The commission
shall refer any suspecUxi violations to the
County Attorney's Office for appropriate
action.
Sec. 27-145. Viohtlons; bodily injury;
death; penalties. Whoever, whether or not
acting under ca/or of law, by force or threat
of force willfully injures, intimidates or
interferes with, or attempts to injure, intimi-
date or intedcre with:
(1) Any person because of such person's
race, COlor, religion, sex, familial status,
national origin, creed, age, or disability and
because such porsCO is or has been selling,
purchasing, ranting, financing occupying, or
contracting or negotiating for the sale,
purchase, rennd, financing or occupation of
any dwelling, or applying for or Imrilcipatlng
in any service, organization, or facility
relating to the business of selling or renting
dwellings; or
(2) Any person because such person is or
has been, or in order to intimidate such
person or any other person or any class of
persons from:
(A) Participating, without
discrimination on account of race,
color, religion, sex, famlfini status,
national origin, creed, age, or
disability in the activities, services,
organizations or facilities described in
subsection (I) of this section; or
(B) Affording another person or class
of persons opportunity or protection
so to participate; or
0) Any citizen because such person is or
has been, or in order to discourage such
citizen or any other citizen from lawfully
siding or enc~rnglng other persons to
participate, without diacrinilnation on
account of race, color, religion, sex, familial
status, national origin, creed, age, or dis-
ability in any of thc activities, services,
organizations or fa~lities dcsesil~i in
197
Regular Session, May 18, 1992
subsection (1) of this section, or participating
lawfully in speech or peaceful assembly
opposing any denial oftbe opportuulty m so
shall be refencd to the County Attorney's
Office for prosecution.
Sec. 27-146. Disclnim~ of preemptive
effect on other articles. Nothing in the Fair
Housing Article of this Code limits any
fight, Wocedure, or remedy available under
the Federal or State Constitution.
Sec. 27-147. Separability of provisions.
If any provision of this ordinance or thc
appiication thereof to any person or
circumstances is held invalid, the remainder
of the subebepmr and the aVplicetion of the
provision to other pa-anm no~ similarly
situated or to other circumstances shall cot
be affected thereby,
Sec. 27-148. Effective date,
This ordinance shall take effect upon
publication."
Passed, approved and adopted this 18th
day of May, 1992.
James E, Brady
Mayor
Attest:
Mary A, Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 2nd day of June,
1992.
Mary A. Davis
It 6/~ City Clerk
Council Member Voatberg moved that
this be considered the first ~uading of the
Ordinance, and that the ~quirement that a
proposed Ordinance be considered and voted
on for passage at two council rea~tiugs prior
to the meeting at which it is to be finally
adopted be suspended and fu~ber moved
final adoption of the Ordinance. Seconded
by Council Member Kfieg. Carried by the
following vote: Y~Mayor Brady,
Council Members Dcich, Kluesner, Kfieg,
Nagle, Nicholson, Voetherg. Nays--Nime.
Petition of Radford Road Development,
Inc., ruquesflng an extension date dom July
1, 1992 to September 1, 1992 to provide for
thc completion of Hummingbird and Camelot
Drives locamd in the Sunny Slopes Estates
Subdivision, presented and read. Council
Member Krieg moved that the petition be
received and filed and aplnoved extension.
Seconded by Council Member Nichoison.
Carded by the following vote:
Yeas--Mayor Brady, Council Members
Ddch, Klecsner, Ksieg~ Nnghi, Nichoison.
Voetbe~. Nays--None.
Communication of City Manager
~lUeSfing approval for ECIA Business
Growth, Inc. to subordinate a loan dated
December 5, 1985 to Dubuque Data
Systems, inc., presented and read. Council
Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Nngle.
Carried by the following vote:
Yeas---Counc'fl Members Kluesner, Kr/eg,
Naghi, Nicholson, Voctberg. Nays--None.
Absmir~-Mayor Brady, Council Member
Delch.
RESOLUTION NO. 164-92
RESOLUTION AUTHORIZING
THE CITY COUNCIL OF THE
CITY OF DUBUQUE TO
APPROVE THE ACTIONS OF
THE ECIA BUSINESS GROWTH,
INC. BOARD OF DIRECTORS
WITH RESPECT TO ITS
SUBORDINATION REQUEST
Wberea~, thc City of Dubuque haa funded
a part of the local match of an EDA
Revolving Loan Fund (RLF) which is
administered by ECIA Business Growth,
Inc.; and
Whereas, ECIA Business Cmowth, Inc. has
entered into an Economic Development
Adrululstration - Revolving Loan Fund
Agreement with Dubuque Data Se~ices, Inc.
on December 5, 1985; and
Wbereas, ECIA Business Growth, Inc. has
also entered into under date of August 13,
1991, a security agfce~ment to secure
repayment of money bmxowed for
auqdisifion of equipment; and
Whereas, Dubuque Data Services, Inc. has
requested ECIA Business Growth, Inc. to
subordinate its security position to new
stockholders debt; and
Wbereas, ECIA Business Gwwth, Inc. has
requesled City Coun(d approval of said
subordination.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF 3'tiE CITY
OF DUBUQUE, IOWA:
Regular Session, May 18, 1992
198
Section 2. That the City Clerk is hereby
authorized and dixectod to supply certified
copies of the City Council approval to
Dubuque Data Sex, ices, Inc. and ECIA
Business Crmwth, Inc.
Pm.md, approved and ndopted this 18th
day of May. 1992.
James E. Brady
Mayor
Ap. eat:
M~ry A. Davis
City Clerk
Council Member I~eg moved adoption
of the Resolution. Seconded by Council
Member Nnghi. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Kinesner, Ksieg, Nnghi,
Nicholson, Voetberg. Nays---None.
An Ordinance Repealing Ordinance No.
7-92 which provided for two~hou~ parking
limitations on both sides of Stewart Street
from Delhi She, et to a point 120 feet north of
Delhi Sm:et, first reading only given at the
meeting of May 4. 1992. presented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 35-92
AN ORDINANCE REPEALING
ORDINANCE NO. 7-92 OF THE
CITY OF DUBUQUFo IOWA
Whereas, the City Council on Janumy 20,
1992 adopted O,~flnance No. %92 providing
for a two-hour parking limitatitm on both
sides of Stewart SUect, from Delhi Sm:et to
a point one hundred twenty (120) feet north
of Delhi Street; and
Wberc~u, the City ~Cooncll h~ now
determined that said two-hour parking
lin~tation should be removed.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 7-92 of
the City of Dubuque is hereby repealed.
Passed, approved and adopted this 18th
day of May, 1992.
lames E. Brady
Mayor
Attest:
M~xy A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of May,
1992.
Mary A. Davis
It 5,r22 City Clerk
Council Member Kluesner moved that this
be conside;exl the secord reading of thc
Ordinance. and that the ruqni~ment that a
proposed Oedim, nce be conside~l and voted
on for passage at two council meetings prior
to the meeting at which it is to be finally
adopted be suspended and fu~her moved
final adoption of the On~nance. Seconded
by CounCil Member Voetberg. Can/ed by
the following vo~: Yeas---Mayor Brady,
Council Members Dcich, Kluesner, Kfing,
Nngle, Nicholson, Voetberg. Naya---None.
BUSINESS LICENSES -- Eagle Food
Centers, Inc. requesting permanent hansfer
of their Beer Permit from 200 S. Locust St.
to 300 S. Locust St., I~esented and read.
Council Member Deich moved that the
~ransfer be approved. Seconded by Councd
Memb~ Kluesner. Carried by the following
yom: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kring, Nnghi,
Nicholson, Voetberg. Nays~None.
RESOLUTION NO. 165-92
Whereas, Applications for Beer Permits
have been submitted and filed to this Council
for aplxoVul and the samu have been
examined and approved; and
Wbemas, The premises to be occupied by
such appiicants were inspected and foond to
comply with the Ordinances of this City and
have filed proper bends;
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 follow/ng named
applicants a Beer PenuiL
199
Regular Session, May 18, 1992
CLASS "BE" BEER PERMIT
Banche~ Co., lac. Beech~ Beverage
Sunday Sales 1691 Asbttry Rd
CLASS "C" BEER PERMIT
Anderson Marine of lows, Inc.
Dubuque Yacht Basin
Sunday Sales 1630 E. 16th
McCann's Service, Inc. McCann's IOCO
Sunday Sales 690 W. Locust
Passed, approved and adopted this 18th
day of May, 1992.
James E, Brady
Attest: Mayor
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Membes Kluesncr. Cnnied by the fotiowing
vote: Yeas---Mayor Brady, Couacil
Members Dcich, Kleesacr, Kriag, Nagle,
Nichoison, Voetherg. Nays=None.
RESOLUTION NO. 166.92
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to he occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager he authorized to cause
to he issued the following named applicants
a Liquor License.
CLASS '*C" (COM/v~RCIAL) BEER
AND LIQUOR LICENSE
/vi M and H. Colp Silver Doil~x Cantina
Sunday Sales 342 Main St
CLASS "E" LIQUOR LICENSE
Eagle Food Centers, Inc.
Eagle Food Center # 018300
S. Locust St.
Passed, approved and adopted this 18th
day of May, 1992
James E. Brady
Attest: Mayor
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Membes Khiesnar. Cmrled by the following
vote: Yces--Mayor Brady, Council
Members Delch, Kluesacr, Ktiag, Nagle,
Nichoison, Voetherg. Nays--None.
(TABLED FROM MEETING OF 5-4-92)
- PUBLIC HEARING to consider the FTA
Section 9/3 and Iowa DOT Program of
Projects consisting of operating assistance
from FTA and Iowa DOT, presented and
read. Council Member Vcetberg moved that
the matter be removed from the table.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas--Mayor Brady, Councti Members
Dcich, Klcesner, Krieg, Nagle, Nichoison,
Vontberg. Nays--None.
Communication of City Manager
submitting additional information and
lequestlng City Council dimction on Grant
Application to PTA, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved remanufacttue of buses with
wheelchair lifts. Sexonded by Council
Member Kluesacr, Canied by the foliowing
vote: Yeas--Mayor Brady, Council
Members Deich, Kluesacr, Kfieg, Nagle,
Nicholson, Voetherg. Nays---None.
Proof of Publication certified to by the
~blisher on Notice of ~Public Heating on the
mendment of the current City Budget for
Fiscal Year ending June 30, 1992, presented
and read. There were no objections received
and no oral objectors present at the time of
the Heating. Council Member Klacsacr
moved that the proof of lmblicmion be
re. ceived and fded, Seconded by Council
Member Nagle. Cea'led by the following
vote: Yeas---Mayor Brady, Council
Members Deich, Kluusner, Kxieg, Nagle,
Nleholson, Voetberg. Nays--None.
RESOLUTION NO. 167-92
A RESOLUTION AMENDING THE
CURRENT BUDGET FOR THE
FISCAL YEAR ENDING JUNE
1992.
Regular Session, May 18, 1992
200
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Following notice published
May 8, 1992, and the public heating held
May 18, 1992, the ctm*ont budget (as
Incvioesly amceded) is amended as set ont
bemin and in the detail by fund type end
activity that suppmls this resolution which
was considered at that heating:
REASON: FY 1991 capital and operating
budsct can~overa, legal fees, 108 Loan for
Nordstrom project, 61 related st~cct lighting,
Dubuque Corporate Center project and
~cycling project expeese for three months.
P~ased this 18th day of May, 1992.
Attest:
Mary A. Davis
City Clerk
Council Member
James E. Brady
Mayor
Kluesner moved
adoption of thc Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Delch, Kiuesnes, Kfieg,
Nag)e, Nicholson, Voetberg. Nays--None.
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
S~ecifications for the Eagle Point Water
Plant Sludge Handling Build, ag WaLl
Replacemunt, presented and mad. There
were no objections received and no wni
objectors present at the time of th~ Hearing.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Delch, Kluesanr, Krieg, Nagle, Nicholson,
Voetberg. Nays--None.
RESOLUTION NO. 16~-92
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 20th day of April, 1992,
plans, specifications, form of ~n~act ~d
es~ ~st we~ ~ ~ ~e ~ Cl~k
of Dub~ue, low~ f~ ~e ~le P~nt W~r
Pl~t Sludge H~ling B~d~g W~
Re~a~mcn~ ~d
Whereas, notice of heating on plans,
specifications, form of contract and estimated
cost w~s published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the said plans,
specifications, fctqn of contract and cstinmted
cost a~ hereby aplwovad as the phms,
specifications, form of contract and estimated
cost for said improvements for said project.
Passed, app~ved and adopted this 18th
day of May, 1992,
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Vontberg moved
adoption of the Resolution. Seconded by
Council Member Nicbulson. Carried by the
following vote: Ycas~Mayor Brady,
Council Members Dcich, Klucaner, K~ag,
Nagle, Nicholson, Voctberg. Nays--Nunc.
Proof of pubilcation certified to by the
Publisher on Notice to Bidders of the
Receipt of Bids for thc project and
communication of City Manager recom-
mending to award contract for project,
presented and tv~l. Council Member
Voetberg moved that the proof and
communication be received and filed.
Seconded by Council Memt~r Nicholson.
Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluusacr, Kfieg, Nagle, Nicholson,
Voetbcrg. Nays---None.
RESOLUTION NO. 169-92
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contsactors for the Eagle Point
Water Plant Sludge Handling Building Wall
Replacement pursuant to Resolution No.
135-92 and notice to bidders published in a
newspaper in thc City of Dubuque, Iowa, on
the 23rd day of Alx41, 1992~ and
Whereas, said sealed proposals were
opened and read on the 12th day of May,
1992, and it has been datenoined that the hid
of Matyviile Cons~ection Co., Inc., of Hazel
G~on, Wisconsin, in the amount of
$137,800 was the lowest hid for the
furnishings of all lebor and materials and
perfortrfiag the work as provided for in the
plans and specifications.
201
Regular Session, May 18, 1992
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the contact for the above
impmven~nt be aw~ m
C~ Co., ~c., ~ ~e City
~d is h~y ~ ~ ex~u~ a
~ ~ ~f d &e ~ of Dubuq~
f~ ~e ~hi~ ~ ~ ~ ~k.
Section 2. That upon rite a/gning of said
contract and the approval of the conRaotor's
bond, the City Treasurer is anthodzed and
instructed to tatum thc bid deposits of the
unsuccessful bidders.
Pussed, approved and adopted this 18th
day of May, 1992,
Attest:
Mary A. Davis
City Clerk
Council Member
James E. Brady
Mayor
Voetberg moved
adoption of the Resc~ulion. Seconded by
Council Member Nicholson. Canled by the
foilowing vote: Yeas--Mayor Brady,
Council Members Dcich, Klunsuer, Kring,
Nngle, Nicholson, Voetherg. Nays--Noue.
Proof of Publication certified to by the
Publishea' on Notice of Public Hearing to
consider vacating and disposing of City's
interest in a portion of Pennsylvania Ave. nun
abutting Bloc& 2 of Sunset Park Fifth
Addillou, presented and read. There woe no
objections received and no oral objectors
present at the lime of the Heating. Council
Member Krleg moved that the proof of
publication be received and filed. Seconded
by Council Member Vunt~rg. Canied by
the following vote: Yeas--Mayor Brady,
Council Members Dnich, Klue~ner. Kfieg,
Nngle, Nicholsco, Voetberg. Nays--None.
An Ordinaac~ Vacating a portion of
Pennsylvania Avenue abutting Block 2 of
Sunset Park Fifth Addition, said Ordinance
having been preacoted and read at the
Council meeting of May 4, 1992, inesented
for final action.
(OffICIAL PUBLICATION)
ORDINANCE NO. 36-92
ORDINANCE VACATING A
PORTION OF PENNSYLVANIA
AVENUE ABUTFING BLOCK 2
OF SUNSET PARK FIFTH
ADDITION
Whereas, Carl J. Burbach has requested
thc vacating of a IXntion of Pennsylvania
Avenue abutting Block 2 of Sunset Park
Fifth Addition; and
Whereas, IIW Engine,s & Surveyings, PC
has prepared and submitted to the City
Coundl a l~at showing the w~ed portion
of a pocdon of Pounsylv~nia Avenue
abutting Block 2 of Sunset Park Fifth
Addillou sad mignad a lot number thereto,
which hereinafter shall be known and
described aa Lot 1 of 2 of the NE1/4 of the
NWl/4 of Se~lion 28, T89N, R21/, 5th p.m.,
in the City of Dubuque, Dubuque County,
Iowa;
Wbereas~ thc City Council of the City of
Dubuque, Iowa hu determ/ed that u po~ion
of Pennsylvania Avenue aburdng Block 2 of
Sunset Park Fifil~ Addition is no longer
required for public use, and vacating of said
Lot I of 2 of the NE1/4 of the NWl/4 of
Section 28, T89N, R2E, 5th p.m. in the City
of Dubuque, Dubuque County, lows should
be approved.
NOW T~RE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1, That thc ~ estate described
as Lot 1 of 2 of the NEI/4 of the NWl/4 of
Section 28, T89N, E2E, 5th p.m. in the City
of Dubuque, Dubuque County, lowa be and
the same is hereby vacated,
Passed, approved and adopted this 18th
day of May, 1992.
~/) Jun~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published offidaily in the Telegraph
Herald newspaper this 22nd day of May,
1992.
Mary A. Davis
It 5/22 City Clerk
Council Member Kfing moved final
adopllou of the Ordinance, Seconded by
Council Member Voetherg. Ca.ed by thc
following vote: Yeas--Mayor Brady,
Council Members Dcich, Klecsner, Krieg,
Nngle, Nichelson, Voetherg. Nays--None.
RESOLUTION NO. 170-92
Whereas, pursuant to resolution and
published notice of time and place of
Regular Session, May 18, 1992
202
hearing, published in the Telegraph Hea~ld,
a newspaper of gcnea~l circulation published
in the City of Dubuque, Iowa on 8th day of
May, 1992, thc City Council of the City of
Dubuque, Iowa met on the 18th day of May,
1992, st 7:30 p.n~ in the Public IAbrary
Auditorium, llth and Locust, Dubuque,
Dubuque County, Iowa to connide~ thc
proposni for the sale of ~ estate described
Lot I of 2 of the NEll4 of the NWl/4 of
Section 28, T89N, R2E, 5th p.m., in the
City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa ovenulad any and all
objections, oral or written, to the proposal to
dispose of interest of the City of Dubuque,
Iowa, in the berdirmbuve described ~
estato to Carl J. Burbach.
NOW THF~,EFORE, BE Il.' RESOLVED
BY TIlE CITY COUNCIL OF Tile CITY
OF DUBUQUE. IOWA:
Section 1. That the disposal of the
in.rest of the City of Dubuque, Dubuque
County, Iowa in ~ property described as
Lot I of 2 of the NEll4 of the NWl/4 of
Section 28, T89N, R2E, 5th p.m., in the City
of Dubuque, Dubuque County, Iowa, to Carl
J. Burbech be and thc same is hereby
approved in exchange for the dedication of
Oullots A and B of Sunset Park Fifth
Addition in the City of Dubuque, lowa to the
City of Dubuque, plus cost of publication,
platting and filing fees; conveyance shall be
by Quit Claim Deed.
Section 2. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and ia hereby
authorized and directed to deliver said deed
of conveyance to thc above named grantees
upon receipt of the pu~ha~ price in full
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resotullon in the office
of the City Assessor, Dubuque County
Recorder and the Dubuque County Auditor.
Passed, approved and adopted this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
Citycierk
Council Member Kfieg moved adoption
of the Resolution. Seconded by Council
Member Vootherg. Can/ed by the following
vote: Yeas--Mayor Brady, Council
Members Ddich, Klueseer, Krieg, Nngle,
Nicholson, Voetherli. Nays--None.
Proof of Publication certified to by thc
Publisher on Natlce of Public Hearing to
consid~ a text an~ndment to tho Zoning
Onfinance to allow a Group Day Care Center
in a C-2 District as a coudillonal use,
presented and read. There were no written
objections received and no oral objectors
present at the tiros of the Heating. Council
Member Voetherg moved that the proof of
publication be received and filed. Seconded
by Council Member Kring. Carried by thc
following vote: Yeaa--Mayor Brady,
Council Members Deich, Kinesunr, Kfieg,
Nagle, Nicholson, Voetberg. Nays--None.
An Ordinanc~ Amending Zoning
Ordinance by adopting a new Section 3-
3.2(D)(8) te allow a Group Day Care Center
in a C-2 Neighbo~ho~i Shopping Center
District as a Conditional Use, said Ordinance
having been p~sented and read at the
Council meeting of May 4, 1992, presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 37-92
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT ~ CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUEUQUE, IOWA,
EY ADOPTING A NEW SECTION
3-3.2(D)(8) TO ALLOW A GROUP
DAY CARE CENTER IN A C-2
NEIGHBORHOOD SHOPPING
CENTER DISTRICT AS A
CONDITIONAL USE.
NOW, THEREFORE, BE IT ORDAINED
BY TItE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A of the City of
Dubuque Code of Ordinances is hereby
amended by adopting the following new
Section 3-3.2(D)8:
3-3.2 C-2 Neighborhood Shopping Center
District
203
Regular Session, May 18, 1992
(D) Conditimnl Uses
"(8) Group day cate center
provided that:
(a) Fody (40) square feet of
indoor floor are&
(¢xclu&ng halls and
buthroaou) i~ provided
per ~hild in ar~u
five (35) squ~o feet of
indoor ~ (excinding
hnlb and Ix~u~om~) is
provided per child in
areas not cccapied by
cribs times the licensed
capacity;, and seventy-
five (75) square feet of
fenced oatdoct recreation
space is provided per
child using the space at
given
(b) The parking group
requirerreats can be met [8];
(c) Such facility shall supply
lending and unloading of
children so az not to
obstruct public streets or
create traffic or safety haz-
ards;
(d) All licenses have been
issued or have been applied
for aw&ting the outcome of
the beard's decision;
(e) Signnge for a slngl~family
hove shall be limited to one
(1) nonilluminated, wall-
mounted sign not to exceed
few (4) square feet in area;
and
(O No group day care center
may be located within the
automated gas station ~ any
facility selling, sclwining,
repairing or renting
vehicles."
Section 2. This ordinance has heretofore
been nwiewed by the Zanlng Commission of
the City of Dubuque, Iowa.
Section 3. This ordinance shall take
effect immediately upon publicalion.
Passed, approved and adopted this 18th
day of May, 1992.
James E. Brady
Mayor
Att~t:
Mary A. Davis
City Clerk
PuMishcd officially hi the Telegraph
Herald newspape~ this 22nd day of May,
1992.
Mary A. Davis
It 5/22 City Clerk
Council Member Voctberg moved final
adoption of thc Ordinance. Seconded by
Council Member Kring. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Kring,
Nngle, Nicholson, Voetburg. Nays--None.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
amending Zoning Ordinance by reclassifying
properties at 516-518 Rhomberg Ave. from
R-2A to R-3 Dislfict, p~sented and read.
There were no wrilten objections received
and no oral objectors prcsent at the time of
the Heating. Council Member Klunsunr
moved that the proof 6f publicatico be
~ceivcd and filed. Secohded by Council
Membe~ Nichoison. Canied by the
following vo~c: Yeas---Mayc¢ Brady,
Council Members Deinh, Kluesner, Krleg,
Nagle, Nichoison, Voetberg. Nays--None.
An Ordinance Amending Zoning
Ordinance by reclassifying lxoperty located
at 516-518 Rhomberg Avenue from R-2
Alterna~ Two-Family Residential District, to
R-3 Mnlti-Family Rasldenlial Dis~fict, said
Or~unnce having been presented and read at
the Council meeting of May 4, 1992,
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 38-92
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO. KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING PROPERTY
LOCATED AT 516.$18
Regular Session, May 18, 1992
204
EHOMBERG AVENUE FROM R-2A
ALTERNATE TWO-FAMILY
RESIDENTIAL DISTIl[CT, TO R-3
MULTI-FAMILY RESIDENTIAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Cede of Ordinances
of thc City of Dubuque, Iowa, be amonded
by revising Appendix A the~of, also known
as the Zor~ng Ordinance of the. City of
Dubuque., Iowa, to reclassify lnoparty hicated
at 516-518 Rhomberg Avunun from R-2A
Aiten~te Two Family Residential District, to
R-3 Multi-Family Residential District, to wit:
Lotl of Lot 30 and Lot I of Lot 31, beth
of High Street Subdivision, and to the
center line of the adjoining public fight-
of-way, in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment
has been approved by the Zoning
Commission of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th
day of May, 1992.
Jam~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published 'officially in the Telegraph
Herald newspaper this 22nd day of May,
1992.
Mary A. Davis
It 5/22 City Clerk
Council Member Klucsner moved final
adoption of the Ordinance. Seconded by
Council Mcmbur Nicholson, Carded by the
following vote,:. Yeas--Mayor Brady,
Council Members Deich, Kluesner, Kfieg,
Nagin, Nicholson, Voetherg. Nays--None.
Communication of Zoning Commission
advising of their approval to amend the
conditions of the C-1 District at 607~09 E.
22nd Street to extend the hours of operation.
presented and read. Council Member
Voetberg moved that tie communication be
received and fried. Seconded by Council
Member Khiesner. Carried by the following
vote: Yeas--Council Members Deich,
Klucsner, Krieg, Naghi, Voetburg.
Nays~Mayor Brady, Council Member
Nichoison.
An Ordinance amending Ordinance No.
75-90 which established a C- 1 Ne~ghburhood
Commelcinl Distfict, with conditions for
property located at 607-609 K 22ed Street,
by deleting (3) in the Me--dura of
Ag~emont and adopting, in lieu therunf, a
new (3) for hours of operatioo from 5:00
a.ra to Ih00 p.m., p~scnted and read.
Council Member Voctberg moved that fids
be considered the first leading of the
Ordinance, and that the mqv~'ement that a
proposed Ordinance bu coflside~.d and voted
on for pa~nge at two council meetings pilot
to ~he meeting at which it is to be finally
adopted be suspended and further moved that
a Public Hcar~g be held on thc Propused
Ordnance oo the 1st day of June, 1992 at
7:30 p.m. and that the City Clerk publish
notice in the n~nncr prescfibed by law.
Seconded by Council Member Kluesnor.
Vote on the motion was as follows:
Yc~s--Council Members Deich, Kluesncr,
Kfing, Nagle, Voctberg. Nays--Mayor
Brady, Council Member Nicholson. Motion
failed due to lack of 3/4 vote,
Council Member Klucsne~ moved that this
bc considc~d thc first reading only and that
it be set fo~ Public Hearing on Juun 1, 1992
at 7:30 p.m. in the Public Library
Auditofium and that thc City Cin~k publish
notice in the manner prescribed by law.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas---Council Members Deinh, IOuesner,
Kfing, Nngle, Voetbe~. Nays--Mayor
Brady, Council Member Nicholson.
Commmunication of Zoning Conuoission
advising of their aplxov& to rezone property
at 2005 Asbury Road from R-3 and C-l to
ID Institutional and Amending Conceptual
Development Plan, presented and read.
Council Member Kfing moved that the
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Ye~s--Mayor Brady, Council Members
Deich, Kluesner, Kfing, Nnghi, Nichdison,
Veetberg. Nays--None.
An Ordinance amending Zoning
Ordinance by reclassifying lnOpe~y on
Asbury Road from R-3 Multi-Family
Residential Distfict and C-1 Neighborhood
Commeacial District to ID Institutional
District, and to amend the Concept~
Development Plan for Hiilcrest Family
Services ID Institution& Disuict at 2005
Asbm'y R~d, presented and read. Council
Member Kfieg moved that this be considered
the first reading of the Oldinance, and that
thc requirement that a proposed Ordnance
be conaldered and voted on fc~ pesss~c at
205
Regular Session, May 18, 1992
two council meetings l~in~ to the meeting et
which it is to be finally adopted be
suspended and further moved that a Public
Hc~ing be held on the Proposed O~dinance
on the 1st day of lune~ 1992 and that the
City Clerk publlsh notice in the manner
prescribed by law. Seconded by Council
Member Nngin. Caffied by the following
vote: Yeas--Mayor B~mdy, Council
Members Deinh, Klcemer, gsing, Nngle,
Nichulson, Voetberg. Nays--None.
Communication of Zoning Commission
advising of the approval to amend the
Conceptual Development Plan for the PR
Planned Residential Dis~0t for Kelly's
Bluff, presengd and read. Council Member
Kluesner moved that the communication be
received and filed. Seconded by Council
Member ¥oetberg. Carried by the following
vote: Yeas---Council Members Dnieh,
Kluesnet, Kring, Nicholson, Voetherg.
Nays--Mayor Brady. Ahatsln--Council
Member Nngle.
An Ordinance amending Zoning Ordi-
nance by adopting a Conceptual
Development Plan for Property located on
Kelly's Bluff, pre~¢nted and read. Council
Member Kluesnet moved that this be
considered the first reading of the Ordinance
and that it be set for Hearing on June 1,
1992 at 7:30 p.n~ in the Publi0 Library
Audiunium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Council Member Voetb~g.
Carried by the following vote:
Yeas--Conncil Members Deich, Kinesner,
Krieg, Nichoison, Vcetberg. Nays--Mayor
Brady. Abstsin-Council Member Nngin.
Communication of Zoning Commission
advising of text ara~ndment to the
Subelvislon Ordinance, presented and read.
Council Member Kinesnec moved that the
communication be ~ceived and filed.
Seconded by Council Member Nngle.
Carried by the following vote:
Yeas--Council Members Dnich, Klnesuer,
Kring, Nagin, Nichoison, Yuntberg.
Nays--Mayor Brady.
An Ordinance amending Code of
Ordinances by amending Chapter 42
Subdivision Regulations by repealing Section
42-14(d) and adopting a new Section 42-
14(d) in lieu thereof pertsining to eLirr~nafing
the review of major final subdivision plats
by the Zoning Commission, presented and
read. Council Member Kluesner moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be comldernd and voted
on for passage at two oouncil meetings prior
to thc mecling at which it is to be finally
adopted be suspended and further moved that
a Public Heating be held on the Proposed
Ordinance on the 1st day of Suun, 1992 at
7:30 p.m. in the Public Library Auditorium
and that the City Clerk publish notice in the
mariner l~emcribed by law. Seconded by
Counc'fl Member Nagle. Canled by the
following vote: Yeas---Council Members
Delch, Kluesne~, Krlng, Nagin, Nicboison,
Vcethexg. Nays---Mayor Brady.
Communication of City Manager
submitting documents providing for the
consUuntinn of the 1992 Concrete Paving
Member Kluesner moved that the
communication be received and filed.
Seconded by Council Member Nichulson.
Carried by the following vote:
Ye~u~--Mayor Brady, Council Membem
Dnich, Kinesner, Krieg, Nngin, NicholSon,
Voetberg. Nays---None.
RESOLUTION NO. 171-92
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plaus, specifications,
form of contrnct and estimated cost for the
1992 P.C. Concrete Paving Project, in the
estinmted amount of $1,318,981.98, are
hereby approved und ordered filed in the
office of the City Clerk for public inspection.
Passed, adopted and approved tMs 18th
day of May, 1992.
James E. B~uly
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Can-led by the
following vote: Yeas---Mayor Brady,
Council Members Dcich, Klnesner, Kring,
Nagle, Nicholson, Voetherg. Nays--None.
RESOLUTION NO. 172.92
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its IX~llmlunry
approval on the proposed plans,
Regular Session, May 18, 1992
206
specifications, and form of contract and
placed same on file in the office of the City
Cl~k for public inspection of the 1992 P.C.
Concrete Paving Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
That on the 15th day of June, 1992, a
public hemlng will ha held at 7:30 p.m. in
the Public Library Auditorium at winch time
interested persons may appear and be he~d
for or against the proposed plans and
SlX~fications, form of contract and cost of
said improvemunt, and the City Clerk be and
is h~a'eby directed to cause a notice of timu
and place of such hearing to be publisbed in
a newspaper having gcnerni circulation in ~he
City of Dubuque, Iowa, which notice shall
be not less than four days nor rno~ than
twenty days prior to the day fixed for its
consideration. At the hcarlng, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estirna~d cost of the improvement.
Passed. adopted and approved this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nicboisou. Carded by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Kfiag,
Nnglc, Nichulson, Voetberg. Nays--None.
RESOLUTION NO. 173-92
RESOLUTION OF NECESSITY
Wbemas, preposed plans have been duly
prepared and approved by the City Council
of the City of Dubuque and are now on file
in the office of City Clerk. showing among
other things the plans, specifications, form of
contract, estinmted c~t and pmlindnary plat
and schedule showing the amount pmpused
to be assessed against each lot and the
valuation of each lot as filed by the City
Council, for the 1992 P.C. Concrete Paving
NOW TIIEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the City Cou~'d deems it advisable
and necessmcy for the public welfare to make
the herein mentioned improvements, and
unless property owners at the time of the
final considuration of this proposed
resolution have en file with the City Clerk
objections to the resolution of cecessity, they
shall be deemed to have waived all
objections pertaining to the regularity of the
proceeding and the legality of using the
special assessment procedme.
Said improvements shall be consUucted
and done in accordance with the plans and
specifications which have been aFproved by
the City Councd and now on file with the
City Cigk. That the cost and expense of
maldng such improvement will be assessed
pe,-fially or totally against ixivately owned
property lying with the assessment lin~ts,
and in an amount not to exceed that
provided by law, and in proportion to the
special benefits confened.
The portion of the cost which shall be
bum¢ by the City will be paid from Road
Use Tax Fund and Iowa Local Option Sales
Tax Funds, and special assessment bonds
may be issued in anticipation of deferred
puymcnts of asseasmunts when a contract hss
been l~-formed and accepted, and the
proceeds thereof used te pay thc contractor.
The above resolution was introduced,
approved and o~dered placed on file with the
City Clerk this 18th day of May, 1992.
Approved and placed on file for final
action.
Jamus E. Brady
Mayor
Attest:
Mary A. Davis
City Cic~
Council Member Kluesunr moved
adoption of the Resolution. Seconded by
Council Member Nichoison. Carried by the
following vote: Yeas--Mayec Brady,
Council Members Dcich, Kluesner, Kriag,
Nagle, Nicboiso~, Voatberg. Nays--None.
RESOLUTION NO. 174-92
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, thc City Council of the City of
Dubuque, Iowa, hu given its prcliminary
approval on thc proposed plans,
sPcoiBc~tions and foma of contract and
placed same on fiin in the office of the City
207
Regular Session, May 18, 1992
Clerk for public inspection, for the 1992 P.C,
Concrete Paving Project* and,
Whereas, the propmed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City
Clerk's of Bce for public tmpuctiun.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on thc 15th day of June, 1992, a
public hearing will be held si 7:30 o'clock
p.m. in thc Public Library Auditorium in the
City of Dubuque at which time the owners
of IXoperty subject to assessment for tho
pro~ imlxovement or uny other peraon
having an interest in the matter may appear
and bo heard for ~ ngalust the making of
thc impertinent* thc boundaries of thc
disuict, thc cost, the assessment ngalust any
lot, ~ the final adoption of a ~esolution of
necessity and thc City Clerk be and is hereby
authorized and dbected to cause a notice of
time and place of such hea~ng to be
published in a newspaper having gcnerai
circulation in the City of dubuque, lowa,
which notice shall bo published once each
week for two consecutive weeks, the first
pul~insiion of which shall bo n~ lc. ss than
ten days l~ior to the day fixed for iU
consideration. Unless prOlx~ty owners si thc
time of th~ final considerati~o of this
pwposed resolution have on file with thc
City Clerk objections to thc Resolution of
Necessity they shall bo deemed to have
waived all objections thereto.
Pa~sed, adopted and approved this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas---Mayer Brady,
Council Members Dcich, Klucsner, Kfieg,
Nagle, Nichulsun, Voetberg. Nays--None.
RESOLUTION NO. 175-92
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That thc sitacbod sltccts, 1 to 10
inclusive, arc bercby determined to bo the
schedule of proposed assessments for the
1992 P.C. Concrete Paving Project and the
valuations set out hezein are hereby
approved.
Passed, approved nmi adopted this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
M~ A, Davis
City Clerk
Council M~mber Kincener moved
adoption of tho Resc~utio~. Seconded by
Council Member Nichulson. Canled by the
following vo~: Yca~--Mayor Brady,
Council Members Delch, Kluesner, Krleg,
Nagle, Nicholson, Voetherg. Nays--Nme.
Communication of City Manager
submitting documents providing for the
bidding process for the Construction of the
Central A.C.C. Resurincing P~oject from 4th
Sm:et to llth Sweet and from 20th Street to
32nd Street, presented and read. Council
Member Kluesner moved that the
communication bo ~ceived and filed.
Seconded by Council Member Nichulson.
Carried by the fo]lowing vote:
Yeas--Mayor Brady, Council Membon
Dcich, Klcesner, Kring, Nngle, Nicholson,
Voctbozg. Nays--None.
RESOLUTION NO. 17g-92
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That thc proposed plans, specifications,
form of contract and estimated cost for the
Central Avenue A.C.C. Resurfacing Project
f~om 4th Sueet to llth Street and from 20th
Street to 32nd SUcet, in the estimated
amonnt of $608,388.00, are ho'cby alyproved
and ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
Ma~y A. Davis
City Clerk
Regular Session, May 18, 1992
208
Council Mcmbe~ Kluusner moved
adoptioo of the Resolution. Seconded by
Council Membo~ Ninholson. Ca.~ed by the
following vote: Yea~--Mayor Brady,
Council Members Dulch, Kluezner, Krleg,
Nngle, Nicholson, Voctbcrg. Nays--None.
RESOLUTION NO. 177-92
FIXING DATE OF HEARING oN
PLANS AND SPECIFICATIONS
Wbeiwts, thc City Coundl of the City of
Duboqne, Iowa has given tis Wellmin~ry
approval on thc ~o~scd plans,
s~ifi~fio~, ~d f~ of ~t ~d
pl~ s~ on ~e h ~e offi~ of ~c ~
~k f~ pubic i~fion of ~e Ccn~
Av~ A.C.C. Resting ~ ~m 4~
S~t W ll~ S~t ~d ~m 20~ S~t m
32ed S~
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TIIE CITY
OF DUBUQUE, IOWA:
That on the 15th day of June, 1992, a
public heating will be beld at 7:30 p,m. in
the Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and th~ City Clerk be and
is be~eby directed to cause a notice of time
and place of such hearing to be published in
a newspapur having general circulation in the
City of Dubuque, low~ which notice shall
I~ not less than four days nor more than
twenty days prior to the day fixed for tis
consideration. At thc heating, uny interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, edopted and approved this 18th
day of May, 1992. ·
JaR~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nicholson. eau'iud by the
following vote: Yeas~Mayor Brady,
Council Members Deich, Kluesner, Kfieg,
Nagle, Nicholson, Voetborg, Nays--None.
RESOLUTION NO. 1~-92
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Central Avenue A.C.C.
Rcsurfacing Project from 4th Sm~et to llth
Street and from 2filh Street to 32nd Street is
be~eby remedied to be advertised fa bids for
construction.
BE IT I;URTHER RESOLVED, that the
amount of tho security to ~..con~l~ny each
bid shall bo in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a pat of the
plans and specifications heretofore adopted.
That the City Clerl~ is hereby d/rccted to
advertise for bids for the construction of the
improvcmonts herein provided, to bo
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall not be less than four days
nor mo~e than twenty days pr/or to thc
receipt of said bids at 2:00 p.m. on thc 4th
day of June, I992. Bids shall bo opened and
~ by the City Clerk at said time and will
be submitted to the Council for final action
at 7:30 p. nx on the 15th day of June, 1992.
Passed, adopted and appwved this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yuss~Mayor Brady,
Council Members l)cich, Kluesner, Kfiag,
Nagle, Nicholson, Voctberg. Nays--None.
Communication of City Manager
aplxoving ~cquest from Scott F. Hemesath to
vacate a portion of an existing alley between
Asbury Road and Avoca Street, from Cherry
Street nortbedy to an existing alley,
presented and iv, ad. Coundl Member
Kinesner moved that thc communication be
received and fried. Seconded by Council
Member Voctbcrg. Can/ed by thc following
vote: Yeas--Mayor Brady, Council
Members Deich, Kinesner, Kring, Nnglc,
Nicholson, Voetborg. Nays---None.
2O9
Regular Session, May 18, 1992
RESOLUTION NO. 179-92
RF~ROLUTION APPROVING PLAT
OF PROPOSED VACATED
PORTION OF AN EXISTING
ALLEY BETWEEN ASBURY
ROAD AND AVOCA STREET,
FROM CHERRY STREET
NORTHERLY TO AN EXISTING
ALLEY
Whereas, there has been iwemented to the
City C~ancil of the City of Dubuque, lows,
a plat dated July 20, 1991, prepared by HW
Engineers and Sur~eyca-s, PC of Dubuque,
Iowa, describing the pmpe~ed vacated
po~ion of an existing alley between Asbury
Road and Avoca SIrnet, from Cbeny Street
northerly to an existing alley; and
Wbe~eas, said plat conforms to the laws
and statutes pertaiding thereto,
NOW TtlEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated July 20.
1991 prepared by IIW Engineers and
Surveyors, PC, relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat for an on behalf
of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said
plat and certified copy of this re~olation in
the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 18th
day of May, 1992.
Attest:
Mary A. Davis
City Clerk
Council Member
James E. Brady
Mayor
adoption of the Resolution. Seconded by
Council Member Voctburg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nngle, Nicholson, Voctburg. Nays--None.
An Ordinance vacating a portion of an
existing alley to be known as Lots 166A, Lot
166B and Lot 166C in Finley's Additlom,
presented and read. Council Member
Kluesn~ moved that this be considered the
first feeding of the Ordinance, and that the
ruqulrement that a proposed Ordinance be
comidered and voted on for pessngc at two
council meetings prier to tbe meeting at
which it is to be finally adopted be
suspended and further moved that a Public
liearing be beld on the Prop~ed Ordinance
on the lat day of June, 1992 at 7:30 p. rm in
the Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Voetherg. Canted by the following
vote: Yeas--Mayor Brady, Council
Members Dcich, Khiesner, Kring, Nnghi,
Nichoison, Voetberg. Nays--None.
RESOLUTION NO. 180-92
RESOLUTION DISPOSING OF
CITY INTEREST IN LOT 166A,
LOT 166B AND LOT 166C IN
FINLEY'S ADDITION IN THE
CITY OF DUBUQUE IOWA
Wbureas, Scott F. Hemesath has requested
the vacating of a portion of an existing alley
between Asbury Road and Avoca Street,
from Cben'y Sire. ct northerly to an existing
alley; and
Whereas, IIW Engine.s and Su.weyots,
PC of Dubuque, Iowa have Inopiand and
submitted to the City Council a plat showing
the vacated portion of an existing alley
between Asbury Road and Avoca Slreet,
from Cbetty Street northerly to an existing
ailey, and assigned lot numbers thereto,
which hercinaBer shall be known and
described as Lc4s 166A, Lot 166B and lot
]66C in Fiuley's Addition in the City of
Dubuque, lowat and
Whereas, the City Council of the City of
Dubuque. lo)va has determined that this alley
is no longer required for public use except
for easements as shown, and vacating and
sale of maid porfion of alley known as Lot
]66A, Lot I66B and Lot ]66C in Finley's
Addititm in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Suction 1, That the City of Dubuque
intends to dispoze of its inte~st in Lot 166A.
Lot 166B and Lot 166C in Finley's Addition
in the City of Dubuque,
Section 2. That the conveyance of Lot
]66A in Finlay's Addition to Scott F. &
Roberts A. Ilemesath be contingent upon the
payment of $99.00, plus the cost of
publication and filing fees, Lot ]66B in
Regular Session, May 18, 1992
210
Fiuley*s Addition to James L. Smith be
contingent upon payment of $38.50;, and Lot
166C in Fiulcy's Addition to Wayne &
Donla Freiborger be contingent upon
payment of $60.50.
Section 3. That the City Cie~k be and is
hereby authorized and dire~ted to c, ans~ a
notice of intent to dispose o£ said real estate
to be published in the manner as prescribed
by law.
Passed, airpmved and adopted this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Membur Kluesner moved
adoption of the Resolution. Seconded by
Council Member Vomberg. Carried by the
following vo~e: Yeas--Mayor Brady,
Coancil Members Dc-ich, Klueaner, Kring,
Nagie, Nicholson, Voetherg. Nays--None.
Communication of City Manager
recommending to sell and dispose of part of
excess Carter Road right-of-way along the
easterly side of Carter Road approximately
300 feet north of Kaufmann Avenue,
presented and read. Council Member
Kluesner moved to that the communication
be received and filed. Seconded by Council
Member Voetburg. Can'ied by the following
vote: Yeas--Mayor Brady, Council
Members Deich, Kluesner, Kfing, Nngle,
Nicholson, Voetherg. Nays~None.
RESOLUTION NO. 181-92
RESOLUTION APPROVING PLAT
OF PROPOSED LOT A OF ST.
MARY'S PLACE IN THE CITY OF
DUEUQU~, IOWA
Wbereas, there has been presented to thc
City Council of the City of Dubuque, Iowa,
a plat dated April 23, 1992 Im~pared by
Buesing & Associates, describing a portion
of the easterly right-of-way of Cart~ Road
in thc City of Dubuque; and
Whereas, said plat conforms to the laws
and statutes pormiding thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. 'l'hat the plat dated April 23,
1992 prepared by Buesing & Associates
rdiative to the mai estate bereinabove
described be and the same is hereby
approved, and the Mayor and City Clerk be
and they arc be~by authorized and directed
to execute said plat for and on behalf of the
City of Dubuque, low~.
Section 2. That the City Clerk be and is
hmuby authorized and directed to file said
plat and certified copy of this resolution in
the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 18th
day of May, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Coancil Member Kluesner moved
adoption of thc Resolution. Seconded by
Council Member Voetberg. Carried by the
following vo~e: Yeas--Mayor Brady,
Coancll Members Deich, Klueaner, Kfing,
Nagie. Nichoison, Voetherg. Nays--No~e.
RESOLUTION NO. 182-92
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN LOT
A OF ST. MARY'S PLACE IN THE
CITY OF DUBUQUE TO THOMAS
F. LEIBOLD
Whereas, thc City of Dubuque is the
cui~ent owner of Lo{ A in St, Mary's Place
in the City of Dubuque, Iowa; and
Whereas, thc' adjacent property owner,
Thomas F. Leibold, petitioned to purchase
said property from the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa intends to dispose of its interest in Lot
A in St Mary's Place to Thomas F. Leihold.
Suction 2. That the conveyance of the
City's interest shall be for the sum of
$699.00 plus publication and filing fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of suld real estate
in the manner as po~scfibed by law.
211
Regular Session, May 18, 1992
Passed, approved and adopted this 18th
day of May, 1992.
Attest:
Mm'y A. Davis
Cio/Clerk
Council Member
Sart~s E, Brady
Mayor
adoption of the Resolution and ~t it' for
Public Hearing on the let of July, 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
Coancil Member Vontberg. Cs. tried by the
following vote: Yeas--Mayor Brady,
Council Members De,ch, Kluesner, Kfing,
Nngle, Nichols;n, Voetberg. Nays---None.
MINUTES SUBMII~ED -- Cable
Community Teleprogrnmming Commission
for 5-5; Civil Service Commission of 4-22:
Investment Task Force meeting of 4-28 & 5-
5; Housing Commission of 4-14; Human
Rights Commission of 4-13; Library Board
of Trustees of 4-23; Long Range glancing
Commission (Riverfront Development
Subcommittee) of 4-28 & $-4; Long Range
Plarming Commission (Northwest Artefici
Cnsridor Subcommittee) of 5-4; Park &
Recreation Commission of 4-14; Plumbing
Board of 4-3~ Zoning Commission of 5-6;
Zocing Board of Adjustment of 4-23,
tnesenaxl and read. Council Member
Voetberg moved that thc minutes he ze~eived
and filed. Seconded by Council Member
Nicholson. Carded by the following vole:
Yea~--Mayor Brady, Council Members
Dulch, Kluesanr, Kring, Nngle, Ninholsoa,
Voetberg. Nays--None.
NOTICES OF CLAIMS/SUITS -- Daniel
Beck in estimated amount of $468.00 for
vehicle dmnnges; Julia Schoil in amount of
$166.50 for personal injuries to a.passenger
in his vehicle; Margaret A. and Michael P.
Hcoge in unknown amount for personal
injuries; Sisters of the Pmsentatlon in araount
of $372.15 for vehicle damages; John
Zurcber in amount of $620.00 for faulty
water m~ter, presented and read. Council
Membez Voetherg moved that the claims and
suits be referred to thc Legal Staff for
investigation and rnporL Seconded by
Council Member Nicholson. Carried by the
following vote: Yea~---Mayo~ Brady,
Council Membe~ Dcich, Kluesuer, Kring,
Nngle, Nicholson, Voetherg. Nays--None.
Communication of Coqaoration Counsel
advising following claims have been refen*d
to Crawford & Company, the agent for the
Iowa Cornmunilios Assm'ance Poet: Sewer
backup of American Trust/& Savings Bank;
Property damage of Caroi A. Bitter, Ca~
damage of Roohcile Farrey; Personal injury
of Dale R. Palm; Sewer backup of Joan C.
Puls, presented and read. Council Member
Voetberg moved that thc communicnfion be
received and filed. Seconded by Council
Member Nieholann. Ca.led by the
following vote: Yeas--Mayor Brady,
Council Members Deinh, Kluesanr, Krng,
N~le, Ntchoison, Voetberg. Nays--None.
Conununicafion of Corporation Counsel
recommending scniement of car damage
claim of Donald f. Esaer in thc amount of
$99.38, presented and read. Council
Member Voctherg moved that the
communication be received and filed and
issue check. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas--Mayor Brady, Council Memhers
Deich, Kinesner, Kring, Nagle, Nicholson,
Communication of City Manager
submitting Financiul Rcqaom for the mouth
of April, 1992 and Proof of Publication
ceHified to by the Publisher on List of
Claims for month ending March 31, 1992,
presented and read. Council Member
Voetberg moved that the communication he
received and filM. Seconded by Council
Member Nicholson. Canied by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Kring,
Nngle, Nichoison, Voetberg. Nays--None.
Conunuulcafion of Walter Prngler
expressing concern regarding traffic near the
entrance of Eagle Point Park near the toll
booth, presented and read. Council Member
Voetbevg moved that the communication be
refer~ed to the City Mannge~. Seconded by
Council Member Nicbelson. Carried by the
following vote: Yea~---Mayor Brady,
Council Members Delch, Kinesner, Kring,
Nngle, Nichoison, Vcetberg. Nays---None.
Communication of Lawrcoc~ Cromer
submitting his resignation as a rnemb~ of
the Board of Trustees of the Camngie-SRmt
Public Library, innsented and road. Council
Mnmber Vectberg moved that thc
communication be ze, colved and flexi and
resignation accepted with ~g~t Seconded
by Council Member Nichoison. Carried by
the following vo~: Ye, ns---Mayor Brady,
Council Members De,ch, Kluesner, Kring,
Nngin, Nichoison, Voetherg. Nays--None.
Regular Session, May 18, 1992
212
Communication of Ruth Nnsh endorsing
the establishment of a Community
Development Commission, pre~nted and
xcad. Council Member Vo~thorg moved that
the communication be be xefened to the City
Manngc~. Seconded by Council Member
Nicholson. Cartind by the following vote:
Yeas--M&yce Brady, Council Members
Deich, Klueaner, l~ing, N~le, Nichoison,
¥oetherS. Nays--None.
Petition of David & Pa~icia Pins
requesting to purchase n portion of green
are~ next to thulr hou~ at 405 Southern
Ave, presented and mad. Council Mcmher
Vocther~ moved that thn petition be refen~
to the City M~nnger. Seconded by Council
Mcm~ Nichoison. Can'ied hy the
following vote: Yeas--Mayor Brady,
Council Members D~ch, Klunsanr, Kring,
Nngle, Nichoisoa, ¥octberg. Nays--None.
Communication of City Mamt~cr
rnconuncnding acceptance of Englc Point
Water Plant Sledge tiundiing Building
S~uctutni Reinforcing pro~cct, prescoted and
mad. Council Member ¥cotberg moved that
the commudicalion be received ~ed filed.
Seconded hy Council Member Nichoison,
Carried hy the following vote:
Yeas--Mayor Brady, Council Memhers
Deich, Kluesner, Kfing, Nnglc, Nichoison,
¥octberg. Nays--None.
RESOLUTION NO. 183-92
ACCEPTING IMPROVEMENT
Whereas, thc contract for the Eagle Point
Water Plant Sludge Handling Building
Strncturai Reinforcing has beco completed
and the City's consultant, IIW Engineers, has
reconur~nded acceptance of the project
NOW TI~REFORE, BE 1T RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That thc recommendation of
the City Mannger and Brce Petrides-
Donohue he approved and that said
improvement be accepted.
Passed, approved and adopted this 18th
day of May, 1992.
Attest:
Mary A. Davis
City Clerk
Jan~s E. Brady
Mayor
Council Member Vontberg moved
adoption of the Resolution. ' Seconded by
Council Member Nichoison. Canled by the
following vote: Yeas---Mayor Bredy,
Council Members Dcioh, Klueancr, Kring,
Nngla, Nichoison, Voetberg. Nays None.
RESOLUTION NO. 184-92
FINAL ~STIMATR
Whereas, tbe c~atract fo~ the Eagle Point
Water Plant Sludge Handling Building
Structund Reinforcing has been completed
and the City's consultant has submitted the
finul estimate showing the cost thexcof.
NOW TH *EREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Scction 1. That the c~t of said
improvement is hereby determined to be
$32,032.
Section 2. That the final payment of
$1,601.60 he paid to Prism Corporation in
accordance with thc spccifiunfions and State
statutes from funds in the Water Division's
FY92 CIP Budget.
Passed, approved and adopted this 18th
day of May, 1992.
Jamns E. Brady
Mayor
Attest:
May A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resoinfion. Seconded by
Council Member Nicbelson. Carded by the
following vote: Yeas--Mayce Brady,
Council Members Daich, Klue~ner, Kring,
Naglc, Nicholson, Voetherg. Nays--None.
May 13, 1992
HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
In accordance with Chnpter 400 of thc
Code of Iowa, 1991, as amunded, the Civil
Servic~ Commission conducted Promotional
Examinations on April 22 and April 23,
1992 for members of tho Fire Dopertmcnt
We hcxeby cerdfy that the. following
members of the Fire Department have
sacxessfully passed the vnitten promotional
examinations and all promotionals within the
Fire Department should be made from the
following lists.
213
Regular Session, May 18, 1992
~MENT OPERATOR
Robert Baker
Kenneth Metz
Cinistopher Miller
Robert Lanbscber, Jr.
Ronald Swattz
FIRE LIEUTENANT
Joseph Blodgett
Robert Baker
Eugene Hedck
Rick Banksou
Robert Laubeeber, Jr.
Tertyl Stewart
Thomas Ready
Daniel Oansen
FIRE CAPTAIN
Rick Steines
Michael Weidemann
Michael Burda
Roger Voss
James lmhoff
Daniel Sullivan
E. Daniel Brown
James Potter
Richard Jones
FIRE CAPTAIN INSPECTOR
Robert Waddick
Council Member Kricg moved flint it be
rcso/ved to send letter to legislatmcs and
governor stating oar objections to proposed
tax freeze. Seconded by Council Member
Voetberg, Canied by the following
Yeas~Mayor Bredy, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays--None.
Thee being no further business, Council
Member Kluesner moved to adjourn the
meeting. Seconded by Council Member
Nagle. Carried by the following vo~e:
yeas---Mayor Brady, Council Mcmber~
Delch, Kluesner, Kfieg, Nagle, Nicholson,
Voetberg. Nay~--None~ Meeting adjourned
at 11:02 p. ra.
Maxy A. Davis
City Clerk
1993.
Mayor
Respectfully submi/~i,
Rober~ M. Miller
Pat Dillon
Tom Rawson
Civil Service Commission
Council Member Voetberg moved that the
communication be rear. ired and filed and
mad~ a matter of reconl. Seconded by
Council Member Nicholson. Canled by the
following vote: yuns~Mayor Brady,
Council Members Deich, Klueaner, Kfieg,
Nagle, Nicholson, Veetberg. Nays~None.
Communication of City Mnnager
requesting approval of Cash Matching Funds
in an amount not to exceed $645.00 to assist
with mierofilning of original City Records
for the petied of 1837 to 1900, presented
and read. Council Member Voetberg moved
that the communicailon b~ received and filed
and fund request approved. Seconded by
Council Member Nichols~m. Canied by the
following vote: yeas~Mayor Brady,
Council Members Deich, Kine~ner, Krlog,
Nagin, Nichoison, Voetberg. Nays--None.
Attest: ~
Regular Session, June 1, 1992
214
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, June 1, 1992.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbevg, City Manager W. Kenneth
Gearhart, Corporation Counsel Ban'y A.
Lindahl.
Mayor Brady read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly como before
the Council.
Invocation was given by Colin Wheatley,
Elder of tho Church of Jesus Christ of Latter
Day Saints.
PROCLAMATIONS -- June 7th as
"National Cancer Survivor's Day"
received by Lea Gerloff;
Juno 20th as "Dollars Against Diabetes
Day" received by Bill Herrig.
Council Member Kinesner moved to
suspend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Nicholson.
Carried by the following vote:
yeas--Mayor Brady, Council Memberg
Dnich, Kluesne~, Krieg, Nagle, Nicholson,
Voetberg. Nays--None.
PUBLIC HEARING DEFERRED FROM
NOVEMBER 18, 1991 ON 1991
SIDEWALK CONSTRUCTION
PROGRAM; EQUESTRIAN HE1GllTS
SUBDIVISION #1 AND #2; SUNSET
PARK SUBDIVISION #4 AND CLARKE
CREST ESTATES SUBDIVISION.
Communication of Gerald Finzel submitting
his comments regarding installation of
sidewalks in thc above project and
communication of Attorney William Majors
representing homeowners in Sunset Park
Subdivision #4 and requesting to address the
Council regarding objections to proposed
Resolution of Necessity, presented and read.
Council Member Kinesner moved that thc
communications be received and filed.
Seconded by Council Member Nicholson.
Cartind by tho following vote: Yeas--Mayor
Brady, Council Members Deich, Khiesner,
Naglo, Nicholson, Voetberg. blays~ouncil
Member Faieg.
Attcunoy Bill Malers, representing owners
of Sunset Park #4, requested deferring of
project. Jerry Finzel and Carole Swift
endorsed sidewalk project.
RESOLUTION NO. 185-92
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 16th day of October,
1991, plans, specifications, form of contract
and estimated cost were filed with the City
Clerk of Dubuque, Iowa for the 1991
Sidewalk Construction Program; Equestrian
Heights Subdivision #1 and #2, Sunset Park
Subdivision #4, and Clarke Crest Estates
Subdivision.
Whereas, notice of heating on plans,
specifications, form of contract, and
estimated cost was published as required by
law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost axe hereby
approved as the plans, specifications, form of
contract and estimated cost for said.
improvements for said project.
Passed, approved and adopted this 1st day
of June, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nichulsou. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Klueaner, Nagle,
Nicholson, Voetberg. Nays-~2ouncil
Member Krieg.