1992 December Council Proceedings469 Regular Session, December 7, 1992
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, December 7, 199Z
Council Met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Pro-Tem Krieg, Council
Members Deich, Kluesner, Nagle, Nichoison,
Voetberg, Acting City Manager Stephani
Johnson, Corporation Counsel Barry A.
Lindahl. Absent: Mayor Brady.
Mayor Pro-Tem Kfieg 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 come
before the Council.
Invocation was given by Rev. Duane
Manson, Chaplain of Luther Manor.
Plaques to City Employees with 25 years of
Council Member Vuetberg moved that the
rules be suspended to allow anyone present
to addrcss thc Council if they so desire.
Seconded by Council Member Nagle.
Canled by the following vote: Yeas--Mayor
Pro-Tom Krieg, Council Members Deich,
YAuesner, Nagle, Nicholson, Vuetherg.
Nays---None. Absent--Mayor Brady.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
rezone propertier on Asbuty Road and
Kennedy Road from C-2 and R-3 Districts to
C-3 District, presented and read. There were
no written objections received. Council
Member Naghi moved that the proof of
publication be received and filed.
Seconded by Council Member Vcetberg.
Canied by the folinwiug vote: Yeas--Mayor
Pro-Tem Kfieg, Council Members Dalch,
Kinesner, Nagle, Nichoison, Voetberg.
Nays--None. Absent--Mayor Brady.
An Ordinance amending Zoning
Ordinance by reclassifying property located
at 3385, 3333, 3305, 3350 and 3330 Asbmy
Road and 2120, 2140, 2200, 2260, 2300 and
2255 Kennedy Read from C-2 Neighborhood
Shopping Center District to C-3 General
Commercial District and reclassifying
property at 2180 Kennedy Road fwm R-3
Moderate Density Multi-Family Residential
District to C-3 General Comm~rciul District,
said Ordinance having been presented and
read at the meeting of November 16, 1992,
presented for finci action. Council Member
Nagle moved final adoption of the
Ordinance. Seconded by Council Member
Voetberg. Vote on the motion was as
follows: Yeas--Mayor Pro-tom Krleg,
Council Members Dcich, Voetberg.
Nays--Couecli Members Kluesner, Naghi,
Nichoison. MOTION FAILED
ORDINANCE NOT ADOPTED.
Proof of Publication cea'rifled to by the
Publisher on Notice of Public Hearing to
reclassify properties located West of Freeway
61/151 from 4th Street. to Jones Street and
East of Locust Street from LI District to C-4
District and communication of Aflast Fluid
Power Co., opposing any zoning change for
his property known as City Lots 535, 535A
and 536 on which Atlast Fluid Power
Company is now located, presented and read.
Council Member Voetberg moved that the
proof and communication be received and
filed. Seconded by Council Member Nagin,
Carried by the following vote: Yeas--Mayor
Pro-Tom K~eg, Council Members Dcich,
Kinesuer, Nagle, Nicholson, Vcetberg.
Nays--None. Absent--Mayor Brady,
Cindy Steinhnuser, 2243 Harold,
requested zoning change.
An Ordinance amending Zoning
Ordinance by reclassifying property located
West of Freeway 61/151 from 4th Street to
Jones Street and Bast of Locust Street from
LI Light laduatrial District to C-4 Downtown
Commercial District, said Ordinance
presented and road at tho C0uncfl Meeting of
11-16-92, presented for fi6al action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 93-92
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
TI~ ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED WEST OF
FREEWAY 61\151 FROM 4TH
STREET TO JONES STREET AND
Regular Session, December 7, 1992
470
EAST OF LOCUST STREET
FROM LI LIGHT INDUSTRIAL
DISTRICT TO C-4 DOWNTOWN
COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That thn Code of Ordinances
of the City of Dubuque, Iowa be attended
by wvising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, to reclassify herdnofter
described property from LI Light lndustriul
District to C-4 Downtown Commercial
Dislrint, to wit:
That portion of the City bounded by a
line commencing at the point U.S.
Highway 61/151 inter~ects the center line
of E. 4th Sffeet, then proceeding westerly
along the center line of E. 4th Street until
it intersects the center line of Central
Avenue, then proceeding southerly along
Central Avenue until it intersects the
canter line of W. 3rd St., then proceeding
westerly along W. 3rd Street until it
intersects the center line of Iowa Street,
then proceeding southerly along Iowa
Street until it intersects the center line of
2nd Street, then proceeding westerly
along 2nd Street until it intersects the
center line of tho alley between Iowa
Surer and Main Street, then proceeding
southerly along said alley undl it
intersects 1st Street, then proceeding
westerly along 1st Struet until it inU~rsects
the center llne of the alley betwuen Main
Street end Locust Street, then proceeding
southerly approximately 195 feet along
said alley until it intersects the boundary
between City Lots 536 and 537, then
proceeding easterly along the boundary
between City Lots 536 and 537 across
Main Street and along the boundary
between Lots 8 and 8a in the Dubuque
Harbor Company Addition Block 1. until
it intersects U.S. Highway 61/151, then
proceeding northerly along U.S. Highway
61/151 to its t~nt of origin.
Section 2. That the foregulng amendmunt
has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Pa~sad, appwved and adopted this 7th of
December, 1992.
Attest:
Mary A. Davis
City Clerk
Kathryn E. Kr;.eg
Mayor Pro-Tern
Published officially in the Telegraph
Herald newspaper this llth day of
December, 1992.
Mary A. Davis CMC
It 12/11 City Clerk
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Nagin. Canied by the
following vote: Yeas--Mayor Pro-Tern
Krieg, Council Members Deich, Kluesner,
Nagle, Nicbelsen, Voether8. Nays--None.
Absent--Mayor Brady.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
amend Ordinance No. 43-91 which an~nded
the PC District for Warren Plaza, presented
and read. Them were no written objections
received and no oral objectors present at the
time of thc Heating. Council Member
Voetberg moved that the proof of publication
be received and filed. Seconded by Council
Member Naghi. Carried by the following
vote: Ycas---Mayor Pro-Tern Krieg, Council
Members Delch, Kluusner, Naghi, Nicholsen,
Voetberg. Nays--None. Absent--Mayor
Brady.
Larry Lang of tho Advanta Sign Co,
endorsed the proposed change.
An Ordinance providing for the Amend-
ment of Ordinance No. 43-91 which
ordinanun amended the PC Planned
Commercial District for Warren Plaza, said
Ordinance having been presented and read at
the Council Meeting of 11-16-92, presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 94-92
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING FOR THE
AMENDMENT OF ORDINANCE
43-91 WHICH ORDINANCE
AMENDED THE PC PLANNED
COMMERCIAL DISTRICT FOR
WARREN PLAZA.
Whereas, Clove Trust Rea/ty/lavestors,
applicant, has filed an application for
approval on an amended conceptual
development plan in accordance with
provisions of the PC Planned Commercial
District regulations a.g set forth in Section 3-
3.8(D) of the Code of Ordinances, Appendix
A thereof, of the City of Dubuque, Iowa; and
Whereas, the Zoning Commission has
held a public hearing on said application for
471 Regular Session, December 7, 1992
an amended conceptual development plan
pursuant to required published notice; and
Whereas, the Zoning Commission has
approved said amended conceptual
development plan subject to specific
conditions and restrictions having found that
said plan conforms with the review stsndards
applicable to such plans as set forth in
Section 3-3.8(D)(4) of the Code of
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa; and
Whereas, the Zoning Commission
recommends thc concurrence of the City
Council and approval of said amended
conceptual development plan; and
Whereas the City Council has received
the recommendation of the Zoning
Commission and held its own public hearing
on said amended conceptual development
plan pursuant to required published notice;
and
Whereas, the City Council has approved
said amended conceptual development plan
subject to the same specific conditions and
restrictions.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That Ordinance No. 43-91 be
amended by repealing Section 20g) iu regard
to sign regulations and establishing a new
Section 20g) in lieu thereof, as follows:
(E) Signs
Signs for this PC Planned
Commercial District shall be
regulated as follows.
1) Large tenants occupying over
7,000 square feet shall be
pexmified up to 550 square feet
of wall-mounted aignnge. The
exit location of the allowable
signage shail vary with each
large tenant.
2) Shop tenants occupying 7,000
square feet or less shall be
permitted a maximum wall-
mounted sign area of two fe~t
high multiplied by 75 percent of
the lease hold width. In no
event shall a shop tenant be
permitted a sign area in excess
of i00 square feet. Tho location
of the maximum sign ama for
shop tenants shall be centered
v¢ificaily and horizontally on the
wood fascia in front of the suite.
3) No exposedraceway, crossovers,
conduits, conductors,
transformers, etc., shall be
permitted. All signs and their
installation must comply with all
local building and electrical
co~s. No more than two rows
are permitted for shop tenants.
4) Directional signs shall be
permitted according to the
standard C-3 local zoning
regulations.
5) Maximum of one freestanding
centar/tenant identification sign
is allowed per premises with a
maximum height of 44 feet and
sign area of 660 square feet.
Section 2. That the foregoing amendment
has heretofore been reviewed by tho Zoning
Commission of the City of Dubuque, Iowa.
S~ction 3. That this ordinance shall take
effect imesediately upon publication and
shall not exclude any other provisions as
previously established by ordinance for
Warren Plaza PC Planned Commercial
District.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Kring
Mayor Pro-Tern
Mary A. Davis
City Clerk
Published officinily in the Telegraph
Herald newspaper this llth day of
December, 1992.
Mary A. Davis CMC
It 12/11 City Clerk
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Naghi, Carried by the
following vote: Yeas--Mayor Pro-Tern
Krieg, Council Members Deich, Kluesner,
Nngle, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Proof of Publication certified to by the
Notice of Public Hearing to
amend Zoning Oxdinance to establish
for granting Special Exceptions,
presented and read. There were no written
objections received and no oral objectors
prment at the time of the Hearing. Cotmnil
Regular Session, December 7, 1992
472
Member Nngle moved that the proof of
publication be received and filed. Seconded
by Council Member Nichdison. Carried by
the following vote: Yeas--Mayor Pzo-Tem
Krieg, Council Members Doich, Kleesner,
Nagle, Nichoison, Voetherg. Nays~Nonc.
Absent--Mayor Brady.
An Ordinance emending Zoning
Ordinance by adding a new Section 5-3.30))
to allow Spedial Exceptions and adding a
new Section 5-3.7 to establish procedures for
granting Special Exceptions, first reading
given on 11-16-92, presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 95-92
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 ADDING A NEW SECTION 5-
3.3(1)) TO ALLOW SPECIAL
EXCEPTIONS AND ADDING A
NEW SECTION 5-3.7 TO
ESTABLISH PROCEDURES FOR
GRANTING SPECIAL
EXCEPTIONS.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be areended
by revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, lows by enacting a new Section 5-
3.30)) to establish powe~ of the Board
regarding special exceptions as follows:
Section 5-3.3, General Powers
0)) Special Exceptions. To hear and
decide applications for special
exceptions to the terms of this
Chapter, in accordance with the
general regulations of the zone in
which the property is located and
specific standanis contaieed herein,
Section 2. That the Code of Ordinances
of the City of Dubuque, Iowa, be amended
by revising Appendix A thereof, also known
ss the Zoning Ordinance of the City of
Dubuque, Iowa by enacting a new Section 5-
3.7 to establish a special exception procedure
as follows:
Section 5-3.7, Special Exception
Precedme
(A) Application. Any person owning
property used solely for residential
proposes may apply for a special
exception from the literal
enforcement of the bulk regulation
requirements of this ordinance for the
properly or sUucture involved. All
applications for a special exception
shall bc made on thc official form for
such applications which shall be
available without cost from the
zoning admiaisl~ator. The applicant
shall be rcqui~ed to supply all
pelllnent itams of information
containod on the official application
form as a condition to review of such
application. Review of thc
applicadon for a special excepgon
may be obtained by delivering a
copy of tile completed application
form to the zoning administrator
toge~ber with payment of the
required fee as specified in Section ?
of this ordinance. Upon receipt of
thc complelod forms and tbe required
fee, the zoning adminisWator shall
forthwith mmsmlt a copy of the
completed form to the board,
retaining thc original form as part of
thc zoning adminisl~ator's permanent
records. Prior to its review, the
board may require the applicant for a
speciai exception to supply any
further information beyond that
contained in the applicadon form
where it reasonably considers such
infc~ation necessary to make the
determination.
(B) Notice and recefing requirements,
Following receipt of a completed application
the board shall, with due diligence, consider
such application at a pubilo meeting. The
board shall direct and require verification
that the applicant, or their agent has sent
notice of the time and place of the meeting
by first class mail to all owners of property
abutting the property for which the special
exception is sought, including property
directly across the stzoot At the public
meeting, all interested parties shall be
afforded a ~.asonabhi opportunity to appear
and express their views on the application,
nithar in person or by agent A recc~d of
such meeting shall be entered into the
minutes of thc board.
(C) Requirements for the granting of a
special exception. The beard shall grant a
special exception when thc applicant has
shown that the following standards have
been meet or are not applicable:
473
Regular Session,
That the specific proposed exception
will not be dettlmental to or
endanger public health, safety,
comfort, or general welfare.
That the specific proposed exception
will not be injurious to the use and
eujoyrr~nt of other prope~y in tho
immediate vicinity fo~ the purples
already permitted, and will not
substantially diminish and impair
property values within the
neighborhood.
3. That establishment of thc specific
proposed exception will not impede
the normal and orderly development
and improvement of the surrounding
property for uses permitted in the
zone in which such property is
located.
4. That adequate utilities, access wads,
drainage and/other necessary
facilities are being provided.
5. That, except for the specific
exception being proposed, any
structure shall in all other respects
conform to the applicable regulations
or standards of the zone in which it
is to be located.
(D) Conditions and restrictions attached
to the granting of a special exception, In
granting a special exception, the board may
impose any conditions or restricllous it
reasonably considers necessaxy to insure full
compliance with tho standards of section 5-
3.7(C) of this ordinance, to reduce or
eliminate any detrimental effect of the
proposed special exception on the
nnighbe~bood or the public welfare, or to
can~ out the general pul~ose and intent of
0ds ordinance. Violation of such conditions
and restrictions, when made a part of the
terms under which a special exception is
granted, shall be deemed a violation of this
ordinance.
(E) Decisions and records. The board
shall render a written decision on an appli-
cation for a special exception within sixty
(60) days after the close of the public
meeting. The decision of the board shall
con~in specific findings of fact supporting
the granting c~ daniul of the special
exception and shall dearly set forth any
conditions ct restrictions imposed pursuant to
section 5-3.?(D) of this ordinance. The
board shall maintain complete records of all
action with respect to applications for a
special exception.
December 7, 1992
Section 3. That the above described
ordinance amendment has heretofore been
reviewed by the Zoning Commission of the
City of Dubuque, Iowa.
Section 4. This ordinance amendment
shall take effect immediately upon
publication.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Kfieg
Mayor Pro-Tom
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of
December, 1992.
Mary A. Davis CMC
It 12/14 City Clerk
Council Member Nagle moved that this
be considered the second reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Couucil meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the OrdinanceI Seconded
by Council Member Nichoison. Carried by
the following vote: Yeas--Mayor Pro-Tom
Krlag, Council Members Deich, Kluesner,
Nagle, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
PUBLIC HEARING Deferred from
meeting of November 16, 1992.
Communication of Acting City Manager
providing additional information on the
matter and requesting Council to provide
Staff with direction regarding improvements
to the Water Pollution Plant and authorize
Staff ~o proceed with selling G.O. Bonds to
support calendar year 1993 construction
costs, presented and read. Council Member
Kluesner moved to remove the matter from
the table, Seconded by Council Member
Deich. Can'ied by the following vote:
Yeas--Mayor Pro-Tern Krieg, Council
Members Deich, Kluesner, Nagle. Nicboison.
Voetberg. Nays--None. Absent--Mayor
Brady.
Council Member Vcetberg moved that
direction is given to proceed with plans to
sell 3 Million Dollars O.O. Bonds and
support reconun~ndafion of Consultant
Seconded by Council Member Deinh.
Canled by the following vote: Yeas--Mayor
Pro-Tom gaiag, Council Members Dcich.
Regular Session, December 7, 1992
474
Kluesner, Nagle, Nichoison, Vcotberg.
Nays--None. Absent---Mayor Brady,
Council n~ee~ecd at 9:02 p.m.; Council
reconvened at 9:21 p.m.
Communication of J. Steven Herman,
President of Chamber of Commerce
requesting that Rich Whitty, Chairman of the
Chamber's Government Division, be allowed
to present the position statement on the
Highway 20 (Dodge Sixeet) Corridor Project
in Dubuque, Iowa and requesting Council
support, presented and read. Council
Member Voetberg moved that the
communication be received m~d filed and
further, directed to signify support and
forward same to IDOT. Seconded by
Council Member Kluesner. Can-led by the
following vote: Yeas--Mayor Pro-Ten
I~:ieg, Council Members Deinh, Kluesner
Nagle, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Petition of Carol Lynch requesting to
address the Council regarding the Keyline
Services and to consider change in the "Red
Line" mute, presented and read. Council
Member Voetberg moved that the petition be
received and filed and directed that
information be forward to the Transit Board.
Seconded by Council Member Nagle,
Carried by the following vote: Yeas--Mayor
Pro-Tern Krieg, Coundl Members Deich,
Kluusne~, Nagle, Nichoison, Voetberg.
Nays--None. Absent--Mayor Brady.
Communication of Acting City Manager
submitting an amended agreement with
IDOT relating to transfer of jurisdiction to
the City of portions of existing U.S.
Highways 52~1/151, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Kluusner.
Carried by the following vote: Yeas--Mayor
Pro-Thru Krieg, Council Members Dnich,
Kluusn~, Nagle, Nicholson, Vcetberg.
Nays--None. Absent--Mayor Brady.
RESOLUTION NO. 351-92
RESOLUTION APPROVING AN
AGREEMENT WITH TH~ IOWA
DEPARTMENT OF
TRANSPORTATION RELATING
TO TRANSFER OF
JURISDICTION OF PORTIONS
OF EXISTING U.S. $21611151
Whereas, the Iowa Deparlment of
Transportation is nearing compiellon of the
U.S. Highway 61 construction project and
Where., previous agreements with the
Iowa Deparlment of Transportation provided
for Usus fur ofjmisdiction of former highway
routes to the City of Dubuque upon
completion of the U.S. 61 Project; and
Whereas, the City Council on November
2, 1992 adopted a resolution and approved a
transfer of jusisdicfion for portions of U.S.
52/61/151; and
Whereas, the Iowa Doparunent of
Transportation has subsequently advised the
Transfer of Jmisdiution Agreement contained
an error in the amount of compensation to
tho City, and that the compensation should
be $50,300.00, in lieu of the $80,000.00
provided in the original agreement,
NOW THEREFORE, BE IT RESOLVED
BY TIfil CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That a revised Agreement #93-
TJ-004 with the Iowa Department of
Transportation relating to the transfer of
jurisdiction to the City of Dubuque of the
following portions of U.S. 52/61/151 be
approved:
I. Locust Street, from the Locust Street
Connector to 4th Street
2. 4th Street, from Locust S~xeet to
White Street
3. Central Avenue, from 5th Street to
9th Street
4. 9th Sueet, from the east 911
Connector to Kerper Boulevard
5. Kerper Boulevard, from 9th/llth
Street to 16th Street
6. 16th Sheet, from Kerper Boulevard
to Cn~yhound Park Road
Section 2. That Resolution No. 341-92
and the approval of the Transfer of
Jurisdiction Agreement dated November 2,
1992 am hereby rescinded and said Transfer
of Jurisdiction Agreement is null and void.
Section 3. That the Mayor be authorized
and directed to execute two copies of the
revised agreement and forward the executed
copies to the lows Department of
Transportation for their approval.
P~ssed, approved and adopted this 7th day
of December, 199Z
Attest:
Mary A. Davis
City Clerk
Kathryn E. Krleg
Mayor Pro-Tern
475
RegularSesslon, December 7, 1992
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Klansner. Carried by the
following vote: Yeas--Mayor Pro-Tern
Krieg, Council Members Daich, Kluusner,
Nagle. Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Communication of Ain~ort Commission
requesting adoption of Ordinance for the
regulation of airport parking, presented and
med. Council Member Kluesner moved that
the communication be mcnived and tiled.
Seconded by Council Member Nagle.
Carried by thc following vote: Ye~---Mayor
Pro-Tern Krleg, Council Members Deich,
Kluesner, Naghi, Nicholsoa, Vcetherg,
Nays--None. Absent--Mayor Brady.
An Ordinance amending Chapter 4 of the
Code of Ordinances by repealing Sections 4-
21, 4-22, 4-23, 4-24, 4-25, 4-26, 4-27 and 4-
28 relating to the authority of the Airport
Commission to regulate Airport Parking Lots
and adopting in lieu thereof a new Section 4-
21 relating to the authority of tho Airport
Commission to regulate Airlx~ Parking
Lots, pmseated and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 96.92
AN ORDINANCE AMENDING
CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY
REPEALING SECTIONS 4-21, 4-22,
4-23, 4-24, 4-25, 4-26, 4-27, AND 4-
28 RELATING TO THE
AUTHORITY OF THE AIRPORT
COMMISSION TO REGULATE
AIRPORT PARKING LOTS AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 4-21 RELATING
TO THE AUTHORITY OF THE
AIRPORT COMMISSION TO
REGULATE AIRPORT PARKING
LOTS.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Tho Cede of Ordinances of the
City of Dubuque, Iowa, is amended by
repealing Sections 4-21, 4-22, 4-23, 4-24, 4-
25, 4-26, 4-27, and 4-28 and adopting in lieu
tbemof the following new Section 4-21.
"Section 4-21, Parking Lots.
(1) Tho Airport Commission is
authorized and directed to establish parking
rules and regulations for the parking lots at
the Dubuque Regional Airport.
(2) The Airport Commission shall
establish and designate by suitable markings,
parking spaces and t~affl¢ lanes on airport
parking lots. It shall be unlawful to park
any motor vehicle in such a position that the
same shall not be entlmiy within such
marked parking space or to park in other
than marked parking spaces.
(3) The Airport Commission is
authorized to establish parking fees at the
ni~ort. It shall be unlawful for any person
to park at the airport without paying the
established parking fee."
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Krieg
Mayor Pro-Tern
Attest:
Ma~, A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this llth day of
Decemharf 1992.
Mary A. Davis CMC
1 t 12/11 City Clerk
Council Member Kluesnor moved that this
be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ocdinance be conaidemd and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final edoption of the Ordinance. Seconded
by Council Member Nagin. Carried by tho
foBowing vote: Yeas--Mayor Pro-Tem
Krieg, Council Members Deich, Kluesuer,
Nagin, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Commuuication of Ai;,port Commission
requesting adoption of an Ordinance
providing fc~ the regnimion of renmi cars by
firms operating off-airport, presented and
read. Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas--Mayor
Pro-Tern Kfieg, Council Members Deich,
Kluesner, Nagle, Nicholson, Voetherg.
Nays--None. Absent--Mayor Brady.
An Ordinance amending Chapter 4~of the
Code of Ordinances by adopting a new
Regular SeSsion, DeCember 7, 1992
476
Secilon 441 relating to Off-A~ Car
Rental Business, pmuentod and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 97 - 92
AN ORDINANCE AMENDING
CHAPTER 4 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY ADOPTING
A NEW SECTION 4-11 RELATING
TO OFF-AIRPORT CAR RENTAL
BUSINESS;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Code of Ordinances of the
City of Dubuque, Iowa, is hereby amended
by adopting the following new Section 4-1 l:
"Secdon 4-11. Off-airport Car Rental
Business.
No person operating a car rental business
shall pick up a person at the ni~port for tho
purpose of renting to such person a car or
other motor vehicle without a prior written
agmemsnt with tho Airport Commission to
conduct such car rental business.
Section 2. This ordinance shall take
effect upon pubilcedon.
Pusscd, approved and adopted this 7th day
of December. 1992.
Kathryn E. Kfleg
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
Published officinlly in the Telegraph
Herald newspaper this llth day of
December, 1992.
Mary A. Davis
It 12/11 City Clerk
Council Member Kluesner moved that
this be conaidered the first reading of the
Ordinance, and that thn requirement that a
proposed Ordinance be considered and voted
on for passage at two Council mecilngs prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas--Mayor Pro-Tern
Krieg, Council Members Dnich, Kluesner,
Nagin, Ninholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Commu~catlon of Acting City Manager
requesting Counoil approval to accept
conveyance of real estate located at 683
Angalla S~et, presented and read. Council
Member Voetberg moved that the
communication be received and flied.
Seconded by Council Member Nicholson.
Canied by the following vote: Yeas.--Mayor
Pro-Tern Kring, Council Members Deich,
Kluesuer, Nagla, Nicholson, Voetberg.
Nays--None. Absent--Mayor Brady.
RESOLUTION NO. 352.92
RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY
LOCATED AT 683 ANGELLA
STREET, DUBUQUE, IOWA, TO
THE CITY OF DUBUQUE, IOWA.
Whereas, the City of Dubuque has agreed
to purchase the following legally-described
real property:
The Eustefly Thirty-Eight feet (E38') of
Lot Twenty (20) of Quigley's Subdivision
of Out Lots 712 & 711 in the City of
Dubuque in the County of Dubuque,
Iowa, a~cording to the recorded plat
thereof;
~om Patricia L Kaune, Maquoketa, Iowa;
and
Whereas, Patficia L. Kauan has dellvemd
to the City a Warranty Deed naming the City
of Dubuque, Iowa, as holder of all rights,
lido and interests in said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1, Tho City Council of the City
of Dubuque, Iowa, bemby approves of,
accepts and consents to the conveyance of
the above-described property and the
Warranty Deed from Panicle L. Kaune,
attached hereto.
Section 2. The City Clerk is hereby
authorized and directed to cause mid
Wmranty I~ed to be recorded in thc office
of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Section 3. The City Clerk is hereby
directed to fonvaxd a copy of this Resolution
to the Dubuque County Assussc~ and the
Dubuque County AudiUx".
477
Regular Session, December 7, 1992
Passed, approved and adopted this 7th day
of December, 1992.
Kaflu'yn E. Kfing
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nichoison. Carried by the
following vote: Ye~s--Mayor Pro-Tern
Kfing, Council Members Deich, Kinesner,
Nngle, Nicholsoa, Voetberg. Nays--None.
Abs~nt--Muyor Brady.
Communication of Acting City Manager
requesting approval to file a Certified Local
Government (CLG) Histo~c Preservation
Grent-In-Aid application with thc Stats
Historical Society of Iowa, presented and
read. Council Member V~tberg moved that
the communication be received and filed.
Seconded by Council Member Nieholson.
Caffied by the following vote: Yeas--Mayer
Pro-Tern Ir~qeg, Council Members Duich,
Kluesn~r, Nagle, Niohoison, Vontberg.
Nays--None. Absent--Mayor Brady.
Gaff Nanghton reques~t approval of tho
documents.
RESOLUTION NO. 353-92
A RESOLUTION AUTHORIZING
TH~ FILING OF A CERTIFIED
LOCAL GOVERNMENT (CLG)
HISTORIC PRESERVATION
GRANT-IN-AID APPLICATION
WITH THE STATE HISTORICAL
SOCIETY OF IOWA
Wherea~, the U.S. Department of the
Interior, in cooperation with the National
Park Servic*, has made grant funds available
to Ccrdfied Local Government~ to assist in
the development and implementation of a
variety of historic proservadon activities; and
Where,, the City of Dubuque, Iowa
obtained status as a Certified Local
Government on August 26, 1985, and, a~
such, is eligibhi to apply for said grant
funds; and
Where. aa, the Historic P~esgvation
Commission is interested in deveinpIng a
public cdueadon program designed to spark
renewed interest in, and knowledge of, local
pre~etvadon a~fivities; and
Whereas, the City Council of Dubuque,
Iowa, has considered said prOlmaal and has
determined that it will enhance thc
community's awareness of tho economic,
social and cuiteml benefits of ifistorlc
)~$ervafion.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That tho filing of an
application for funding for the development
and implementation of a community-wide
historic presort'etlon educational program
ti~ongh the Certified Local Government
Historic Preservation Grant-In-Aid Program
is approved.
Section 2. That the Mayor and the Acting
City Manager a~ hereby authorized to
.xe~ute and submit said appilcatiou to the
State Historical Society of Iowa, together
with such docurnent~ aa may be required.
Passed, approved and gdoptad this 7th day
of December, 1992.
Kathryn E, Krieg
Mayor Pro-Tam
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of tho Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas--Mayor Pro-Tern
Krieg, Council Members Deich, Kluesner,
Nagle, Niohoisoa, Voetberg. Nays--None.
Absent--Mayer Brady.
Communication of Acting City Manager
submitting an ordinance relating to the
issuance of certificates by thc Historic
Preservation Commission, presented and
read, Council Member Voctberg moved that
the communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas--Mayor
Pro-Tern ILdeg, Council Members Dnich,
Kluesner, Nngle, Nicholann, Vocthorg.
Nays--None. Absent--Mayor Brady.
An Ordinance amending Section 25-8 of
the Code of Cxdinances by adding new
subsections (e) and (0 relating to Historic
preservation Certificates, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 98-92
AN ORDINANCE AMENDING
SECTION 25-8 OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES BY ADDING NEW
Regular Session, December 7, 1992
478
SUBSECTIONS (e) AND (f}
RELATING TO HISTORIC
PRESERVATION CERTIFICATES
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 25-8 of the Code of
Ordinances of the City of Dubuque be
amended by adding new Subsections (e) and
(0 as fofinws:
"(e) The transfer of a determination of no
material effect, certificate of
appropxiateness or certificate of
economic hardship from one
structure, improven~nt or site to
prohibited.
(f) Each determination of no matesial
or certificate of economic hardship
article shall expire and become null
demolition or excavation for which
Section 2. This Ordinance shall take
Pa~sed, approved and adopted this 7th day
of December, 1992.
KatinTn E. Kring
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
Published officlaBy in the Telegraph
Herald newspaper this llth day of
December, 1992.
Mary A. Davis
It 12/11 City Clerk
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded
by Council Member Nicholson. Cmried by
the following vote: Yeas--Mayor Pro-Tarn
Krieg, Council Members Deich, Kluesner,
Nagle, Nicholsoa, Voetberg. Nays--None.
Ab~ent--Mayor Brady.
Approval of an Employment Agreement
between the City of Dubuque and Michael
C. Van Milligen, new City Manager, and
directing the Mayor to exanule on behalf of
the City of Dubuque, Iowa, presented and
reed. Council Member Voetherg moved that
the Employment Agreement be approved and
Mayor directed to execute on Council's
behalf. Seconded by Council Member
Nicholson. Carded by the following vote:
Yeas--Mayor Pro-Tom Krieg, Council
Members Kinesner, Naghi, Nichoison,
Voetberg. Nays--None. Absent--Mayor
Brady. Abstain--Council Member Dcich.
Communication of Acting City Manager
advising of an emergency repair needed duo
to the recent damage of the Ice H~bor
fioodwnil gates, presented and read. Council
Member Kluesner moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Ca.,xied by the following vote: Yca~--Mayor
Pro-Tom Kdeg, Council Members Duich,
Kinesner, Nagle, Ninholson, Voetberg.
Nays--None. Absent--Mayor Brady.
RESOLUTION NO. 354.92
Where~, thc north comer of the Ice
Harbor floodwail gate structure has recenfly
been damaged as a lesult of being struck by
the Casino Belle; and
Wbere~, it is necessary for the City to
enter into a contract to ropalr thc damage;
and
Whereas, it is necessary that the repair
work be initiated immediately due to the
onset of cold weather, and that the repair
must be completed pfi~x to March 15, 1993.
NOW, THEREFORE, BE IT RESOLVED
BY Tile CITY COUNCIL OF THE CITY
OF DUEUQUE, IOWA:
Section 1. That the delay of a public
heating and public letting could cause
serious financial loss to the City of Dubuque.
Section 2. That the City Council deems
the emergency repair of the Ice Harbor gate
smanture to be advisable and necess~xy for
the public welfare.
Section 3. That tho Acting City Manager
is hereby authorized and directed to enter
into a conlxact with Jim Schroeder
479
Regular Session, December 7, 1992
Construction, Inc. in the amount of
$41,792.00 for the necessary repairs.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Kriag
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
Council Member Klansner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by the
foliowiag vote: Yeas--Mayor Pre-Tern
Kdag, Council Members Daich, Kinesnur,
Ninhnison, Vcetberg. Nays--None.
Abstain--Council Member Nagle.
Absent--Mayor Brady.
Communication of Greater Dubuque
Development Corporation ((3DDC)
re. questing Council's support regarding the
potential expansion and location of a
Younkers, Inc. Distribution Center, presented
and read. Council Member Vcetberg moved
that the communication be received and
filed. Seconded by Council Member
Kluesnar. Carried by the following vote:
Yeas--Mayor Pro-Tem Kriag, Council
Members Deich, Kluesanr, Nagln, Nicholsun,
Voetberg. Nays--None. Absent--Mayor
Brady.
RESOLUTION NO. 3S5-92
RESOLUTION OF INTEREST AND
SUPPORT FOR LOCATION OF A
YOUNKERS, INC.,
DISTRIBUTION CENTER IN
DUBUQUE, IOWA
Wbe~as, the City Council of the City of
Dubuque desires to continue its strong
partnership with the Greater Dubuque
Development Corporation and others to
expand and diversify the local economy; and
Whereas, the City of Dubuque has been a
leader in packaging innovative and effective
finance resources in cooperation with both
private and poblin sectors; and
Whereas, the City Council wishes to
recognize and recommand the quality and
productivity of our labor force.
NOw, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the City of Dubuque does
hmeby encourage and support the efforts that
would cause Younkers, Inc., to locate a
rn~rchandis¢ distribution
center in our community.
Section 2. That the City of Dubuque is
of Younkers, Inc., to
iuldate proceedings required to assemble all
available and appropriate public resources to
assist the company in its efforts to lccate in
the community.
Section 3. That the City Clerk is
anthorlz~d and directed to forward a copy of
this resolution to Yonnkers, Inc.
Passed, approved and adopted this ?th day
1992.
Kathryn E. Krlag
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of tho Resolution. Seconded by
Council Member Kluesner. Carried by the
following vote: yeas--Mayor Pro-Tem
Kriag, Council Members Deich, Kluesnur,
Nagin, Nicholson, Voetberg. Nays--None.
Ab~ent--Mayor Brady.
Communication of Acting City Manager
recommending approval for the placement of
a "no parking" zone on the north side of
Keyway Drive and thc east side of
Woodland Drive, and an ORDINANCB
Amending Code of Ordinances by adding to
subsection (d) of Section 32-262 thereof
[ for the prohibiting of parking on
the North side of Keyway Drive from John
F. Kennedy Road to Woodland Drive and on
the East side of Woodland Drive from
Keyway Drive to Foothill Road, presented
and read. Council Member Ninholson
moved that the communication and
Ordinance bo tabled to the Council Meeting
of 12-21-92. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas--Mayor Pro~Tern Kaiag, Council
Members Deich, Kluesner, Nagle, Nicholson,
Voetberg. Nays--None. Absent--Mayor
Brady.
Communication of Acting City Manager
approving request from Midwest Oas to
three moditoting wells within die
sight-of-way of Dodge Street,
and read. Council Member
Klueaner moved that thc communication be
received and iliad. Seconded by Council
Member Nagle. Carried by tho following
vote: Yeas--Mayor Pro-Tem Kriag, Council
Membeis Deich, Kluesanr, Nagin, Ninholson,
Regular Session, December 7, 1992
480
Voetberg. Nays-None. Absent-*Mayor
Brady.
An Ordinance authorizing Midwest Gas/a
division of Midwest Power Systems, Inc. to
construct one cluster of three (3) monitor
wells, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 99-92
AN ORDINANCE AUTHORIZING
MIDWEST GAS, A DIVISION OF
MIDWEST POWER SYSTEMS
INC. TO CONSTRUCT ONE (1)
CLUSTER OF 3 MONITOR
WELLS
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Midwest Oas as owners
of the promises known as 10 Bluff Street,
Dubuque, Iowa, and bo and they are hereby
granted the revocable permit and authority to
construct and maintain one (1) cluster of
conditions set for in this Ordinance.
Section 2. That such construction shall be
done in accordance with plans heretofore
submitted by pennittees and approved by thc
City Manager, under the supervision and
direction of the City Manager, and in
accordance with all applicable state and
federal laws and regulations, and the
Ordinances of the City of Dubuque.
Section 3. That the permission herein
granted is expressly conditioned on
permittces' agreement to:
a. Assume any and all liability for
damages to persons or property
which may result from the existence,
location, installation, construction or
maintenance of said monitor well
dlastcr; and
b. Pay on behalf of the City of
Dubuque, all sums wMch the City of
Dubuque shall becoms obligated to
pay by lvason of thc liability
imposed upon the City of Dubuque
for damages of any kind resulting
from the Icealiun, installation,
existence, construction or
maintenance of said monitor well
cluster sustained by any person or
persons, caused by accident or
otherwise to defend at its own
expense and on behalf of said City any claim
against the City of Dubuque arising out of
the location, installation, existence,
construction or maintenance of monitor well
cluster and to pay reasonable attorney fees
therefor, and
c. Indemnify, defend and hold thc City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense fo~ death and/or injuries to
third persons or damages to property
of third persons, or fur damage to
any property of the City of Dubuque
which may occur as a result of or in
connection with the location,
installation, construction,
maintenance and ~epalr of the
facility, work or improvement
permitted herein.
Section 4. That the pern~ssinn hesein
granted is expressly conditioned upon
permiUces' further agreement that should the
right and privilege herein granted bo
rescinded or revoked by the City Council,
permittces, or their successurs in interest, as
owners of the abutting property, shall within
ten (10) days after receipt of written notice
from the City Manager, so to do, at their
own expense, remove said monitor well
cinster and in the event of their failure an to
do, the City of Dubuque shall be authorized
to remove said monitor well cluster at
permittces' expense and dispose of the same,
and the permlV, ec shall have no claim against
the City er its agants fur damages resulting
from the removal of said monitor well
cluster.
Section 5. That permittees covenant and
agree that the revocable permit hezein
granted does not constitute an approval of
the design, erection, location, construction,
repair or maintenance of said facility and
said pemtitteea hereby covenant and agree
not to asse~t such claim ur defense against
the City of Dubuqu~ in the event of claim
asserted for death, personal injuries and/or
property damage against the parmittens
arising out of or in any way connected with
the location, installation, construction,
design, repair and maintenance of the facility
herein permitted.
Section 6, T~is Ordinance shall become
effective and the rights haranndar accrue to
Midwest Gas when this Ordinance has been
adopted by the City Council and thc terras
and conditions thereof accepted by
permittees by acceptance endorsed on this
Ordinance,
481
Regular Session, December 7, 1992
Section 7. That the City Clerk be and she
is authorized and directed to file at
permittees' expanse a copy of this Ordiunncc
in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn B. Kriag
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE NO.
99-92
The undersigned having read and bring
familiar with the terms and condillons of
Orulunnce No. 99-92 hereby, for themselves,
their suceessors or assigns, as owners of the
abutting property, accept the same and agree
to be hound by thc conditions and
agreements therein contained to be
performed by permittees.
By: Robert R. Buschhom
Title: Environmental Project Mgr.
Dated: 11/30/92
Published officially in the Telegraph
Herald newspaper this 14th day of
December, 1992.
Mary A. Davis CMC
It 12/14 City Clerk
Council Member Klunsner moved that this
be con,dared thc first xeading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended and fm~ber moved
final adoption of the O~dinance.
Seconded by Council Member Nagin.
Carried by thc following vo~c: Yeah--Mayor
Pro-Tern Kficg, Council Members D¢ich,
Kluesner, Nagle, Nicholson, Voctberg.
Nays--None. Absent--Mayor Brady.
RESOLUTION NO. 356-92
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 were inspected and found to
comply v.4th the Ordinances of this City and
have Bled proper honds.
NOW, TI IEREFORE, BE rF RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Permit.
CLASS "C" BEER PERMIT
Mole Off Company Big "10" Mart
Sunday Sales 9th Central
Iowa Oil Co. IOCO Spaede Shoppe
Sunday Sales 2150 Twin Valley Rd
Passed, approved and adopted this 7th day
of December, 1992.
Attest:
Mary A. Davis
City Clerk
Council Member
Kathryn E. Kfiag
Mayor Pro-Tern
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas--Mayor Pro-Tern
Krieg, Council Members Deich, Kluesner,
Nagle, Ninholson, Voetberg. Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 357-92
Wbere~s, 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 be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Liquor License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Design Center, Inc. Julien Ina
Sunday Sales 200 Main St.
CLASS "C"
(COMMERCIAL) BEER AND LIQUOR
LICENSE
T & M, Inc Marie's ItelianRestfLounge
Sunday Sales 1298 Main
Billy Buck's Inc. Billy Buck's East St. Tap
Sunday Sales 521 E. 22nd
Regular Session, December 7, 1992
482
Instant Replay, Inc.
Sunday Sales
David H. Hoffman
Instant Replay
1602 Central
The White House
450 W Locust
Passed, approved and adopted this
7th day of December, 1992.
Attest:
Mary A. Davis
City Clerk
Council Member
Kath~yn B. Kfieg
Mayor Pro-Tom
adoption of the Resolution. Seconded by
Council Member Nichulson. Carried by the
following vote: Yeas--Mayor Pro-Tern
Kfiag, Council Members Doich, Kluesner,
Nagle, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Communication of Acting City Manager
submitting documents providing for public
bidding procedures for thc reconstruction of
a sanitary sewer on Lincoln Avenue between
Humholdt Street and Farley Stseet, presented
and read. Council Member Voctberg moved
that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote: Yeas--Mayor
Pro-Tern Krieg, Council Members Dutch,
Kluesner, Nagle, Nicholson, Voctherg.
Nays--None. Absent--Mayor Brady.
RESOLUTION NO. 358.92
PRELINIINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specificatlo~s,
form of contract and estimated cost for the
Lincoln Avenue Sanitary Sewer
Reconstruction from Humholdt Street to
Farley Street, in the estimated amount of
$61,888.95, are hereby approved and ordered
filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 7th day
of December, 1992.
Attest:
Mary A. Davis
City Clerk
Kati~ryn E. Y~ag
Mayor Pro-Tem
Council Member Voetberg moved
adoption of the Resointiog Seconded by
Council Member Naglc. Carried by thc
following vote: Yeas--Mayor Pro-Tern
Krleg, Council Members Deich, Kluesocr,
Nagle, Nicholson, Voetberg. Nays--None.
Ab~ent--Mayor Brady.
RESOLUTION NO. 359-92
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Lincoln
Avenoc Sanitary Sewer Reconstruction from
Humholdt Street to Farley Street.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 21st day of December, 1992,
a public heating will be held at 7:30 p.m. in
the Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvemenl, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such heating to be published in
a newspaper having general circulation in the
City of Dubuqun, Iowa, which notice shall
be not less than four days nor more than
twenty days I~or to the day fixed for its
cortslderadon. At the heating, any interested
person amy appear and file objections to the
proposed plans, apeulfications, contract, or
estimated cost of tho improvement.
Passed, adopted and approved this 7th day
of December, 1992.
Kathryn E. Kriag
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carded by the
following vote: Yeas--Mayor Pro-Tern
Faleg, Council Members Dalch, Kluesner,
Nagle, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
483 Regular Session, December 7, 1992
RESOLUTION NO. 360-92
ORDERING BIDS
NOW TI~REFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Lincoln Avenue Sanitary Sewer
Reconstruction from Humboldt Street to
Farley Street is hereby ordered to bo
advertised for bids for conslxuedon.
BE IT FURTHER RESOLVED, that the
amount of the ~eeurity to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications beretofore adopted.
That the City Clerk is hereby directed to
advertise fur bids for the construction of the
improvements herein provided, to be
published in a newspaper having geueral
circulation in the City of Dubuque, Iowa,
which notice shall not be less than four days
nor more than twenty days prior to the
receipt of said bide at 2:00 p.m. on the lSth
day of December, 1992. Bids shall be
opened and read by the City Clerk at snid
time and will be submitted to the Council for
final action at 7:30 p.n~ on the 21at day of
December, 1992.
Passed, adopted and approved this 7th day
of December, 1992.
Kathryn E. Kriag
Mayor Pro~Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adopllon of the Resolution. Seconded by
Council Member Nagle. Carded by the
following vote: Yeas--Mayor Pm-Tern
Krleg, Council Members Deich, Kluesner,
Nagle, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
MINUTES SUBMITTED -- Airport
Commission of 10~9 & 10-26; Cable TV
Rngalatoty Commission of 11-19; Civil
Ser~ine Commission of 10-26; Five Flags
Commission of I 1-16; Housing Commission
of I1-10; Housing Code A__m~eals Bc~rd c,f
1 i-i 7; investment Overagbt Commission of
11..4; Library Board of Trustees of 11-19;
Mechunicai Board of 11-17; Plumbing Board
of 11-23; Zoning Commission of 11-4,
presented and read. Council M~mber
Voetbe~g moved that the minutes be received
and filed. Seconded by Council Member
Nagle, Carried by the following vote:
Yeas--Mayor Pro-Tern l~ag, Council
Members Ddich, Khiesner, Nagle, Nicholson,
Voatberg. Nays--None. Absent--Mayor
Brady,
Communication of Human Rights
Commission Chairperson submitting their
1992 Annual Report, pmsentad and read.
Council Member Voetberg moved that the
communication and report be received and
filed. Seconded by Council Member
Kinesner. Carried by the following vote:
Yeas--Mayor Pro-Tern Kring, Council
Members Kluesner, Nagle, Nicholson.
Voetberg. Nays---Council Member Deleh.
Absent--Mayor Brady.
Communication of Acting City Manager
submitting the FY '92 Planning Services
Division Annual Report, presented and read.
Council Member Voetberg moved that the
communication and report bo mceived and
filed. Seconded by Council Member Naghi.
Carried by the following vote: Yeas--Mayor
Pro-Tern Kring, Council Members Deieh.
Kluesner, Nngle, Nieholson, Voetberg.
Nays--None, Absent--Mayor Brady.
NOTICES OF ClaIMS/SUITS -- Tom
Asbenbrenuer in unknown amount for
property damages; Dawn Brditbach in
estimated amount of $574.05 for vehicle
damages; Bernadette A. Hilby in unknown
amount for personal injuries; William
Klecker, in unknown amount for personal
injuries; Carol Paul in unknown amount for
personal injuries; Mary Spinlman ia
unknown amount for parsonai property
lOSseS and injuries, presented and red.
Cotmcil Member Voetberg moved that the
cia/ms and suits be referred to tho Legal
Staff for investigation and repart. Seconded
by Council Member Nagle. Carded by the
following vote: Yeas--Mayor Pro-Tern
Krlng, Council Members Delch, Kluesner,
Nagle, Nicholson, Voetberg. Nays--None.
Absent Mayor Bredy.
Communication of Corporation Counsel
recommending settlement of car damage
claim of Charins F. Berwanger in the amount
of $157.02, presented and mad. Council
Member Voetberg moved that the settlement
be approved and Finance Director to issue
proper check. Seconded by Council Member
Nag!e. C~ed b7 :k~ f, Ak~w~.E
Yeas--Mayor Pro-Tern Falng, Council
Members Deich, Kluesuer, Nngle, Nicholson.
Voetberg. Nays--None. Absent--Mayor
Brady.
Communications of Corporation Counsel
advising of refenlng following clairfls to
Regular Session, December 7, 1992
484
Crawfoad & Company, the agent for the
Iowa Communities A~surance Pool: Personal
injury of Dorothy Angustin; Personal injmy
of Alice M. /ack; Property damage of Nila
Scott; Car Damage of Hiromi Yamada,
presented and read. Council Member
Voetbotg moved that the communications be
received and flied. Seconded by Council
Member Nagin. Carded by the following
vote: Yeas~Mayur Pm-Tam l~ieg. Council
Membe~ Duich, Klueanes, Nagle, Nichohan
Voetberg. Nays--None. Absent--Mayor
Brady.
Curnmunication of Ga~ Newt objecting
to requirement of necasaary permit to enter
the fenced area at the Dubuque Regional
Airport, pre~ntad a~d read. Council
Member Vuetberg moved that the
communication be ~eferred to the Airport
Commission. Seconded by Council Member
Naghi. Carried by the following vote:
Yeas--Mayor Pro-Tern Kriag, Council
Members Deich, Kluesner, Nagle, Ninholsan,
Voetberg. Naya--None. Absent--Mayor
Brady.
Communication of Acting City Manager
submitting Financial Report fur the month
ending October 31, 1992, presented and read.
Council Member Vo~tberg moved that the
communication be received and Bled.
Seconded by Council Member Nagle.
Carried by the following vote: Yesz--Mayor
Pro-Tern gring, Council Members Ddich,
Klueanes, Nngbi, Ninholann, Vo~tberg.
Nays--None. Absent--Mayor Brady.
Communication of Edward $oyce
objecting to renter policy for residents of
Ecumenical Tower, presented and read.
Cmmeil Member Voetberg moved that the
communication be received and fried.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas--Mayor
Pro-Tem Kriag, Counci! Members Deich,
Kluesncr, NagIe, Nicholson, Vactbctg.
Nays--None. Absent--Mayor Brady.
Commanlcallon of Rebecca Robbins
submitting her resignation from the Human
Rights Curnmisaion and communication of
Wi~am Herrig submitting his resignation
from the Building Cede Advisory and
Appeals Board effective November 30, 1992,
presented and rea& Counc~ Member
Voctberg moved ~at the communicafionz be
received and f'riad and resignations accepted
with rngrec Seconded by Council Member
Nagin. Canind by the following vote:
Ycaz--Mayor Pro-Tom Y~ing, Council
Members Deich, Khiesner, Nngle, Nicholson,
Voetberg~ Nays--None. Absent---Mayor
Brady.
Communication of Department of
Economic Development advising of the
release of funds for the City's HOME
Program ns of November 6, 1992, presented
and mad. Council Member Voetherg moved
that the communication be received and
flied. Seconded by Council Member Naghi.
Carried by the following vote:
Yea~---Mayor Pro-Tern Krlag, Council
Members Deich, Kluesner, Nag}e, Nieholson,
Voetborg. Nays--Noue, Absent--Mayor
Brady.
Communication~ of Richard L. Dally
requesting further information mgardlng the
development of Lotus Estates, presented and
reed. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas--Mayor
Pro-Tern Kring, Council Members Ddich,
Khiesner, Nagbi, Nicholsan, Voetherg.
Nays--None. Absent--Mayor Brady.
Communication of Dubuque County
Board of Supervisors submitting copies of
resolutions approved by them and forwarded
to the Department of Transportation, making
recommendations for the Federal Functional
Classification system, presented and read.
Council Member V~etberg moved that the
communication be received and Bled.
Seconded by Council Member Nnghi.
Canied by the following vote: Yeas--Mayor
Pro-Tern Krieg, Council Members Deieh,
Klueaner, Nagle, Ninholson, Vuetherg.
Nays--None. Absent--Mayor Brady.
Communication of Dubuque County
Board of Supervisors submitting copy of
their resolution approving the transfer of the
MarJo Quarry Road to the City of Dubuque,
presentM and ~.~ad. Council Member
Voetbe~g moved that the communication be
referred to the City Manager. Seeoaded by
Council Member Nagle. Carried by the
following vote: Yeas--Mayor Pro-Tern
Kring, Council Members Ddich, Kluesner,
Naghi, Nieholson, Voetberg. Nays--None.
Absent--Mayur Brady.
Communication of David Leilker
submitting various traffic concerns and
requesting Coancfl to review and respond to
tbes~ c..o~cems, presented and read. Counell
Member Voctberg moved that
communicatiou be referred to the C~ty
Manager. Seconded by Council Member
Nngle. Carried by tho following vote:
Yeas--Mayor Pro-Tern IGing, Council
Members Deich, Kluesner, Nngle, Nicholson,
Voetberg. Nays--None. Absent--Mayor
Brady.
485
Regular Session, December 7, 1992
Communication of Acting City Manager
requesting Council approve Final Plat of
Idlebrook Estates located East of Rockdalc
Road, presented and rend. Council Member
Voetbevg moved that thc communication be
received and filed. Seconded by Council
Member Nagie. Carried by the following
vote: Yeas--Mayor Pro-Tern Krieg, Council
Members Deich, Kluesner, Nagia, Nicholson,
Voetherg. Nays--None. Absent--Mayor
Brady.
RESOLUTION NO. 361-92
A RESOLUTION APPROVING
THE FINAL PLAT OF
IDLEBROOK ESTATES IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the
City Clerk a final plat of Idlcbrook Estates in
the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a
street to be known as Idiebrook Court,
together with certain public utility and storm
sewer easements which the Owners by said
final plat have dedicated to the public
forever, and
Whereas, said final plat has been found to
comply with the preliminary plat approved
by the Zoning Commission and had its
approval endorsed thereon subject the
owner(s) agreeing to the conditions noted in
Section 2 below; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and
ordinances relating to it, except that no
streets or public utilities have yet been
constructed or installed; and
Whereas, the City Council concurs in the
conditions of approval established by the
Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedicetioas of Lot A
(Idiebrcok Cour0, together with the
easements for public utilities, and storm
sewer as they appear upon said final plat, be
and the sarn~ ere hereby accepted; and
Section 2. That the plat of Idlebrook
Estates is hereby approved and the Mayor
and City Clerk are hereby authorized and
di~cted to endorse the approval of the City
of Dubuque, Iowa, upon said final plat,
provided the ownur~ of said property herein
namod, execute their written acceptance
hereto attached agreeing:
a. To reduce ldinbrook Court to grade
and to conslrect concrete curb and
gutter and to hard surfaco with
asphaltic concrete, or with concrete
paving with integral curb, all in
accordance with the City of Dubuque
standaxd specifications; all in a
manner acceptable to the City
Engineer and in conformance with
construction improvement pians
approved by the City Engineer.
b. To install sanitary sewer mains and
sewer service laterals into each
individual lot, water mains and water
service laterals into each individual
lot, storm sewers and catch basins,
boubiv0.rd street.lighting and erosion
control devices ail in accordance
with the City of Dubuque standard
specifications and in accordance with
construction improvement plans
approved by the City Engineer, and
inspected by the City Engineer.
c. To construct sa/d improvements,
except sidewalks, prior to one year
from the date of acceptance of this
resolution, at the sole expense of the
subdivider, as owner, or future
owner,
To maintain the public
improvements, execpt sidewalks, for
a period of two (2) years from the
date of the acceptance of those
improvements by the City of
Dubuque, Iowa, at the sole expense
of the subdivider, as owner, or future
owner;
To construct sidewalks in accordance
with the reqalrewents of Section 42-
24(e) of the City Code, specifically:
Sidewalk installation shall be the
responsibility of the owner of the
property abutting the public right-of-
way. The responsibility shall extend
to all successors, heirs and assignees.
Sidewalk installation will not be
required until the development of the
lot has been completed, except as
required herein. In sparely
developed subdivisions, sidewalks on
developed lots will not be required
until 50% of the lots approved by the
plat have been developed. All vacant
lots shall have sidewalks instailcd
upon development of 80% of the lots
approved by the plat.
Regular Session, December 7, 1992
486
f. To provide the nec~sasy easements
and piping for saniuay sower and water
sexvice laterals for improvements to Lot 14.
And further provided that said Randy
Stecber, as owner of said property, shall
secure the performance of the foregoing
conditions provided in Section 2 by
providing security in such form and with
such sureties az may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 3. That in the event the owner
shall fail to execute the acceptance and
furnish the security provided in Section 2
hereof within forty-five (45) days after the
date of the Re. sointion, the provisions hereof
shall be null and void and the acceptance of
the dedication and approval the plat shall not
be effective,
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Krieg
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION NO.
361-92
I, the undersigned, Randy Stecber, having
rend the terms and conditions of the
Resolution No. 361-92 and being familiar
with the conditions thereof, hereby accept
this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this day of
_, 1992.
By (Not Signed)
Randy Stecher
To: Mary A. Davis
City Clerk
This is to certify that the necessary
security required for the foregoing
Resolution No. 361-92 has been properly
filed.
Dated at Dubuque, Iowa, fl~ ~
day of ~ 1992.
(Not Signed)
City Manager
Council Member Voetherg moved
adoption of tho Resolution. Seconded by
Council Member Nagle. Carried by thc
foilowing vote: Yeas---Mayor Pro-Tern
Krieg, Council Members Deich, Kluesner,
Nagie, Nicholson, Vcotberg. Nays None.
Absent--Mayor Brady.
Communication of Acting City Manager
requesting approval of levy of special
assessments for sidewalk repairs which were
performed by tho City as part of thc 1992
Sidewalk Inspection and Repair Program,
presented and mad. Council Member
Voctberg moved that the communication be
received and ftied. Seconded by Council
Member Nagie. Carried by the following
vote: Yeas--Mayor Pro-Tern Krieg, Council
Members Deich, Kluesner, Nagie, Nichohion,
Voethe~,g. Nays--None. Absent--Mayor
Brndy.
RESOLUTION NO. 362-92
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1992 SIDEWALK REPAIRS
INCLUDING CERTAIN
INFORMATION REQUIRED BY
THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER
OF ANNUAL INSTALLMENTS
INTO WHICH ASSESSMENTS
ARE DIVIDED, THE INTEREST
ON ALL UNPAID
INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That after full consideration of thc final
schedule of assessments and accompanying
plat showing thc assessments proposed to be
made for the 1992 Sidewalk Repairs which
final plat and schedule were Fried in the
office of thc City Clerk on tho 2nd day of
December, 1992, that snid schodeio of
assessments he and the same is hereby
approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each
of the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the respective
properties beaefitted by tho improvements as
shown in tho schedule, subject to the
provisions of Section 384.63, Code of Iowa~
Said assessments against said lots am hereby
declared to be in proportion to tho speeini
487
Regular Session, December 7, 1992
benefits conferred and not in excess of
twenty-five percent of the value of same.
Assessments of $100.00 or more are
payable in 5 equal annual installments, with
interest on the unpaid balance, ail as
provided in Section 384.65, City Code of
Iowa. Conditional deticiency assessments, if
any, may be levied against the applicable
property for the same period of years as the
assessments are made payable.
Assessments may be paid in full or in part
without interest at the office of the County
Treasurer, at any time within 30 days after
the date of the fa'st publication of this notice
of the tiling of the final plat and schedule of
asscssmcots with thc County Treasurer.
Unless said assessments me paid in fall
within said thirty day period all unpaid
assessments will draw annual interest
computed at 9 percent (commencing on the
date of acceptance of the work) computed m ·
the December 1st next following the due
dates of the respective installments. Each
installment will be delinquent on September
30th following its due data on July 1st in
each year. Pmpany owanr~ may elect to pay
any annual installment semiannually in
advance.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County, Iowa,
and to publish notice of said certification
once each week for two consecutive weeks
in the manner provided in Section 362.3, the
first publication of which shall be not mom
than fifteen days from tho date of filing of
the final schedule. The City Clerk shall also
send by certified mail to property owners
whose property is subject to assessment a
copy of said notice, and mailing to be on or
before the date of the second publication of
the notice, ail as provided and directed by
Section 384.60 of the Code of Iow~.
Passed, approved and adopted this 7th day
oI December, 1992.
Attest:
Mary A. Davis
City Clerk
O .Wi'~.~R
DESCRIPTION
Kathryn E. Krieg
Mayor Pro-Tern
ASSESSMENT
Lot 2-1-1-1-1-1-1 ML 342
Frederick H. Becket
Lot 1-2~1-1-1-1-1 ML 342
Fischer Investment Co.
$1,151.80
$125.37
N. 64' of CL 662A
Charles L. Egethof $234.39
E. 115' of L760
A. McDaniels Sub.
William W. Love $254.38
A McDaniels Sub
S1/2 L 769A
Delmer E. Scales $558.73
L 237 Woodlawn Park
Loren M. Hermid $221.90
L4 & N 25' of L3 B1
Hillcrest Park
Rebecca A. Comer $127.19
L11 BI Hillcreat Park
George F. Pail, Jr. $90.85
L7 St. Mary's Place #2
H & R Properties $317.66
L2 & L3 of Lots 10 & 11
Codieys Sub.
Ellen T. Henkals $218.04
L4 of Lots 10 & 11
Coohiys Sub.
John Rettenmeier $254.38
LI NW 41.9 LIS
Cooleys Sub.
Tins Marie Hess $90.85
L2 NW 41.9 L13
Coohiys Sub.
Carl W. Heathcote $359.94
Trceks Booth St. Lot 2
Council Member Voetherg moved
adoption of the Resolution. Seconded by
Council Member Naghi. Carded by the
following vote: Yeas--Mayor Pro-Tern
Kfieg, Council Members Deich, Kluesner,
Nagle, Nioholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Communication of Acting City Manager
recommending acceptance of construction of
lnwood Avenue Sanitary Sewer Extension,
presented and read. Council Member
Voetbe~g moved that the communication be
received and filed. Seconded by Council
Member Nagle. Can/ed by the following
vote: Yea,~-Mayor Pro-Tern Krleg, Council
Members Doich, Kluesner, Nagle, Nicholson,
Voetberg. Nays--None. Absent--Mayor
Brady.
RESOLUTION NO, 363-92
ACCEPTING IMPROVEMENT
Whereas, the contract for the Inwood
Avenue Sanitary Sewer Extension has been
completed and the City Manager has
examined the work and filed his certificate
stating that the san~ has been completed
according to tho terms of the contract, plans
and spehifications and recommends it
acceptance.
[
Regular Session,
NOW TIIEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIIE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that ~aJd
improvement be and the same is hereby
accepted.
BE IT FURTIIFJ[ RESOLVED that the
City Treasurer be and he is hereby directed
to pay to the contractor from Sanitary Sower
Construction Fund in amount equal to the
amount of his contrach less any retained
percentage provided for fl~erain.
Passed, approved and adopted this 7th day
of December, 1992.
Kath~yn E. Krieg
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
Council Member Voatbe~ moved
adoption of the R~olution, Seconded by
Council Member Nagle, Carried by the
following vote: Yeas--Mayor Pm-Tern
Krieg, Council Members Dalch, Khiesner,
Nagle, Nieholson, Voetberg. Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 364-92
FINAL ESTIMATE
Whereas, the contract for the Inwood
Avenue Sanitary Sewer Extension has been
completed and tho City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and all miscellaneous
costs;
NOW T~OP, E, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby detenniand to be
$146,244.49 and the said amount shall be
paid from the Sanitary Sewer Construction
Fund of the City of Dubuque, low*.
Section 2. That $79,571.88 of the cost
thereof shall be assessable upon private
property and $66,492.61 shall be paid from
Sanitary Sewer Construction Fund.
December 7, 1992 488
Passed, approved and adopted diis 7th day
of December, 1992.
Kathryn E. Ksieg
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Naghi. Carded by the
following vote: YeaS--Mayor Pro-Tem
Krieg, Council Members Deich, Kluesner,
Naglo, Nicholson, Vnetberg. Nays--None.
Absent--Mayor Bnuty.
RESOLUTION NO, 365-92
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR INWOOD AVENUE SANITARY
SEWER EXTENSION INCLUDING
CERTAIN INFORMATION
REQUIRED BY THE CODE OF
IOWA, SPECIFICALLY, THE
NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED, THE
INTEREST ON ALL UNPAID
INSTALLMENTS, THE TIME WHEN
THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE
AND TO PUBLISH NOTICE
THEREOF,
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the lnwood
Avenue SanRary Sewer Extension under
contract with Stewart Construction Company
of East Dubuque, Illinois, which final plat
and schedale were fried in the office of the
City Clerk on tho 3rd day of December,
1992, that said schedule of assessments be
and the same is hereby approved and
adopted.
That there be, and is hereby assessed and
levied as a sl)octal tax against and upon each
of the lots, the respective sums indicated.
Provided, f~ther, that the amounts shown in
said final scbedale of aasessments a~
deficiencies are found to be proper and
levied conditionally against the respective
properties benefitted by the improvements ns
shown in the schedalo, subject to the
provisions of Sectioo 384.63, Code of Iowa.
489 Regular Session, December 7, 1992
Said asaessra~nts against said lots are bor~by
declared to bo in proportion to the special
benefits conferred and not in excess of
twenty-five pezcent of the valan of san~.
Asseser~nts of $50.00 or more are
payable in 10 equal annualinstalln-~nts, with
interest on the unpaid balance, all as
provided in Section 384.65, City Code of
Iowa~ Conditional deficiency assessments, if
any, may be levied against the applicable
property for the same period of years as the
assessments a~ made payable.
Assessments may be paid in full erin part
without interest at the office of the County
Treanmer, at any tln~ within 30 days after
the date of the first publication of this notice
of die filing of thc final plat and schedule of
assessments with tbe County Treastu~r.
Unless ~ald assessments am paid in full
within said thirty day period all unpaid
aas~smonts will draw annual interest
computed at 9 percent (commencing on tho
date of acceptance of die work) computed to
tho December 1st next following the due
dates of thc respective installments. Each
installment will be delinquent on September
30th following its due date on July let in
each yeas. Property owners may elect to pay
any annual installment semiannually in
advance.
That the City Clerk bo and is hereby
dlreeted ~o certify said s~hedulo to rise
County Treaam'~ of Dubuque County, Iowa,
and to publish notice of said certification
once each week for two consecutive wcek~
in the manner provided in Section 362,3, tho
first publication of which shall be not more
than fifteen days from the date of filing of
thc final schedule. Thc City Clerk shall also
send by certified mall to property owners
whose propexty is subject to assessment a
copy of said not, ce, and mailing to be on or
before thc date of thc second publication of
thc notice, all as provided and directed by
Section 384.60 of the Code of
Passed, approved and adopted this 7ds day
of December, 1992,
Attest:
Mary A. Davis
City Clerk
OWNER
DESCRIPTION
KathD'n E. Krieg
Mayor Pro-Tern
ASSESSMENT
Thomas & Denise Hllkin
Lot 13, 14, 15, 16
O'Neill's Addn. N. Dbq,
$3,769.46
Daniel F. & Susan Bandy $3,769.46
Lot 25, 26
O'Neill's Addn. N. Dbq.
Richard & Eilcen Kuater $1,016.17
Lot 31
O'Neill's Addn. to N. Dbq.
Lot 32 & 33 $3,769.46
O'Neill's Addn. to N. Dbq.
Lot 35 & 36 $3,769,46
O'Neill's Addn. to N. Dbq,
Mary E. & Leslin Germaine $3,769.46
Lot 37 & Lot 38 of
O'Neill's Addn, to N. Dbq.
Lot 62 & 63 and the $2,095.46
N 1/2 of LOt 64 of
O'Neill's Addn. to N. Dbq.
Picky & Kathlcen Hurst $3,769.46
Lot 39 & 40 of
O'NeoWs Addn. to N. Dbq.
Stephen J. Althaus $3,769.46
Lot 41 & 42 of
O'Neill's Addn. to N, Dbq.
Oaiday Bandy $3,769.46
Lot 43 & 44 of
O'Neill's Addn. to N. Dbq.
Lot 45 of $1,453.67
O'Neoll's Addn. to N. Dbq.
Mar/an K. Beck $3,/;80.99
Lot 46, the N 1/2 of
Lot 47 and the N. 20'
of the S 1/2 of Lot 47 of
O'Neill's Addn. to N. Dbq.
Billy L. & Karen A. Slant $3,769.46
S 5' of the S 1/2
of Lot 47 and Lot 48 of
O'Neill's Addn. to N. Dbq.
Michael J. Scbotgen & Micbole $3,769.46
Aveonrius
Lot53 & 54 of
O'Neill's Addn. to N. Dbq.
Lot 67 & 68 of $1,487.37
O'Neill's Addn. to N. Dbq.
David & Janl$ Germaln $3,769.46
Lot 55 & 56 of
O'Neill's Addn. to N. Dbq.
Carl Gartmann $3,769.46
Lot 57 & 58 of
O'Neill's Addn. to N. Dbq.
Lot 59 of $1,016.17
O'Neill's Addn. to N. Dbq.
David D.& Elaine Sadewasser $3,769.46
Lot 60 of
O'Neill's Addn. to N. Dbq.
Lot 61 of $1,487.37
O'Neill's Addn. to N.Dbq.
John A. & Leslie L Oswald $3,769.46
S 1/2 of Lot 64,
65 & 66 of
O'Neill's Addn.to N. Dbq.
Margaret Manlier $3,156.92
Lot2 of t of 1
of the S 1/2 of the NE 1/4
of the NW 1/4 of Sec. 12 - T.
89N., R2E
Regular Session, December 7, 1992 490
Ronald J. Kuhl $4,146.40
Lot2oflofS 1/2
of the NE 1/4 of the
NW 1/4 of See. 12 - T. 89N., R;2E
La~y J. & Susan D. Hurst $3,769.46
Lot 1 of 2 of
I nfl of 3 ofthnN 1/2
of the SE 1/4 of the NW 1/4
of Sec. 12, T.89N.,R.2E.
Robert & Ellen Vandermuellen $3,769.46
Lot2 of 1 of 3 of the
N 1/2 of the SE 1/4 of the
NW 1/4 of Sec.
12 - T.89 N., R.2E,
Coancll Member Vcetberg moved
adoption of the R~olufion. Seconded by
Council Member Nngle. Carried by the
following vote: Yeas--Mayor Pn~Tem
Krlng, Council Members Deoch, Kluesner,
Nagle, Nicholson, Voetberg. Nays--None.
Absent--Mayor Brady.
Communication of Acting City Manager
intersection of Sheridan Road and Peru
Road, presented and reed. Council Member
Vo~tbo:g moved that the communicalion be
received and filed. Seconded by Council
Member Nngle. Carried by the following
vote: Yeas--Mayor Pro-Tern IG-ing, Council
Members Deoch, Kluesner, Nagle, Nicholson,
Vontborg. Nays--None. Absent---Mayor
Bredy,
RESOLUTION NO. 366.92
ACCEPTING IMPROVEMENT
Whereas, tho contract for the Sheridan
R~Ul Storm Sewer Reconstruction has been
completed and the City Manager has
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contrast, plans
and spedfications and recommends it
acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendalion of
the City Manager bo approved and that said
improvement bo and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Treasurer be and ho is hereby directed
to pay to the contractor from General
Obligation Funds and General Storm Sewer
Funds in amount equal to the amount of Iris
provided for thereOn.
Passed, approved and adopted this 7th day
of December, 1992,
Kathryn E. Krieg
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
Council Member Vontberg moved
adoption of tbe Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas--Mayor Pro-Tern
Kfing, Council Members Deich, Kluesner,
Nagle, Nicbolson, Voetberg. Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 367-92
FINAL ESTIMATE
Whereas, die contract for the Sheridan
Road Storm Sewer Reconstracfion has been
completed and the City Engineer has
submitted his final estimate showing the cost
thereof in~udlng the cost of estimates,
notices and inspection and all miscellaneous
costs;
NOW THERFA~oHE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Seotion 1, That tho cost of said
improvement is hereby determined to bo
$62,355.20 and the said amount shall be paid
from General Obligation Funds and General
Stem Sewer Funds of the City of Dubuque,
Iowa.
Passed, approved and adopted this 7th day
of December, 1992.
Katl~yn E. Kring
Mayor Pro-Tern
Attest:
Mmy A. Davis
City Clerk
Council Member Voetbexg moved
adoption of the Resolution. Seconded by
Council Member Nagle. Canied by the
following vote: Yeas--Mayor Pm-Tern
Krleg, Council Members Deich, Klcesncr,
Nagle, Nicholson, Voetborg. Nays--None.
Absent--Mayor Bredy.
Communication of Acting City Manager
recommending acceptance of construc6on
contract for a storm sewer extension on
Water S tre~t between Jones and First Slrocts,
pre~sented and mad. Council Member
Vontberg moved that thc communication bo
received and fried. Seconded by Council
491
Regular Session, December 7, 1992
Member Nagle. Carried by the followi~
vote: Yeas--Mayer Pro-Tern Krlag, Council
Members Delch, Kluasne~, Naghi, Nicholson,
Vcotberg. Nays--None. Absent--Mayor
Brady.
RESOLUTION NO. 36g-92
ACCEPTING IMPROVEMENT
Whereas, tho contrect for the Jones St~et
Storm Sewer Extension has been completed
and the City Manager has examined the
work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and
specifications and recommends it acanptenc~.
NOW THEREFORE, BE IT RESOLVED
BY TItE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that said
improvement bo and the same is hereby
accepted,
BE IT FURTHER RESOLVED that the
City Treasurer be and he is hereby directed
to pay to the contractor from Storm Sewer
Coasm~crlon Fund in emoant equal to the
amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Kfiag
Mayor Pro-Tera
Attest:
Mary A. Davis
City Clerk
Council Member moved adoption of the
Resolution. Secpnded by Council Meesber
Naghi. Carried by the following vote:
Ye~s--Mayor Pro-Tem Kriag, Council
Members Deich, Klueaner, Nagle, Nicholson,
Voetberg. Nays--None, Absent--Mayor
Brady.
RFSOLUTION NO. 369-92
FINAL ESTIMATE
Whereas, the contract for the Jones Ste~et
Storm Sewer Extension has been completed
and the City Engineer has submitted his final
estimate showing the cost thereof including
the cost of estimates, notices and inspection
and all miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$17,362.42 and the said amount shall be paid
from Storm Sewer Construction Funds of the
City of Dubuque, Iowa.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Kfiag
Mayor Pro-Tom
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adopdon of the Resolution. Seconded by
Council Member Nagle, Carried by the
following vote: Yeas--Mayor Pro-Tom
Krieg, Council M~mbers Deich, Kluescor,
Nagle, Nicholson, Voetberg, Nays--None.
Absent--Mayor Brady.
Communication of City Manager
rccommanding acceptance of construction
contract for Lincoln Avenue Sanitary Sewer
between Decatur and Whittier, presented and
read. Council Member Vuetberg moved that
the communication be received and filed.
Seconded by Council Member Nagle,
Carried by the following vote: Yeas--Mayor
Pro-Tern Krieg, Council Members Delch,
Kluesuer, Naghi, Nicholson, Vuetherg.
Nays--None. Absent--Mayor Brady,
RESOLUTION NO. 370-92
ACCEPTING IMPROVEMENT
Whcre~s, the contract for the Lincoln
Avenue Sanitary Sewer Reconstruction has
been completed and the City Manager has
examined the work and filed his certificate
stating that the sam~ has been completed
according to the terms of the contract, plans
and specifications and recommends it
acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendallon of
the City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the
City T~asurer be and he is hereby dh~cted
to pay to the contractor from Sanitary Sewer
Regular Session, December 7, 1992
492
Construction Funds in amount equal to the
amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 7th day
of December, 1992.
ARest:
Mary A. Davis
City Clerk
Council Member
Kathryn E. Kriag
Mayor Pro-Tom
Vo~tberg moved
adoption of the Resolution. Seconded by
Council Member Naghi. Carried by the
following vote: Yeas--Mayor Pro-Tern
Kfieg, Council Members Deich, Klueaner,
Nagle, Nicholsan, Vcotberg. Nays--None.
Absent--Mayor Brady.
RESOLUTION NO. 371-92
FINAL ESTIMATE
Avenue Sanitary Sewer Recons~uction ha~
been completed and the City Engineer has
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$60,737.66 and the said amount shall be paid
from Sanitary Sewer ConsWacfion Funds of
the City of Dubuque, Iowa,
Passed, approved and adopted this 7th day
of December. 1992.
Attest;
Mary A. Davis
City Clerk
Council Member
Kath~yn E, Kfieg
Mayor Pro-Tern
Voetberg moved
adoption of the Resolution. Seconded by
Council Member Naghi. Carried by the
following vote: Yeas--Mayor Pro-Tees
Krieg, Council Members Deich, Kluasner,
Nagle, Nicholson, Vootberg. Nays--None.
Absent--Mayos Brady.
Communication of City Manager
i'~cornn~nding acceptance of construction
contract for the alley sanitary sewer
reconstruction between Rhomb~g and
Lincoln, from Johnson to Farley, presented
and mad. Council Member Vcotberg moved
that the commu~icndon be received and
f'tiad. Seconded by Council Member Naghi.
Carried by the following vote: Yeas--Mayor
Pro-Tern Kriag, Council Members Deich,
Kluasecr, Nagle, Nicholsoa, Vcotberg.
Nays--None. Absent--Mayor Brady,
RESOLUTION NO. 372.92
ACCEPTING IMPROVEMENT
Whereas, the contract for the Alley
Sanitary Sewer Reconslu'uction between
Rhomberg and Lincoln, from Johnson to
Farley has been completed and the City
Manager h~z examined the work and filed
his certificate stating that the sarr~ has been
completed according to the tertm of the
contract, plans and specifications and
recommends it acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that said
improvement be and the sam~ is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Treasttrer be and he is hereby directed
to pay to the contractor from Sanitary Sewer
Construction Fund in amount equal to the
amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 7th day
of December, 1992.
Attest:
Mary A. Davis
City Clerk
Council Member
Kathryn E. Kfieg
Mayor Pro-Tern
Voetbcrg moved
edopfion of the Resolution. Seconded by
Council Member Naghi. Carried by the
following vote: Yeas--Mayor Pro-Tern
Krieg, Couacll Members Deich, Kluesner,
Nagle, Nicholson, Voetberg. Nays--None.
Ab~nt--Mayor Brady.
RESOLUTION NO. 373-92
FINAL ESTIMATE
Whereas, the contract for the Alley
Sanitary Sewer Reconstruction between
Rhomberg and Lincoln, from Johnson to
Farley has been completed and the City
493 Regular Session, December 7, 1992
Engineer has submitted his final estimate
showing the cost thereof including the cost
of estimates, notices and inspection and all
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That thc coat of said
improvement is hereby determined to be
$222,019.50 and the said amount shall be
paid from Sunitmy Sewer Constructio~
of the City of Dubuque. Iowa.
Pa~sed. approved and adopted thi~ 7th day
of Deunmber. 1992.
Kathrye E. Kring
Mayor Pro- Ten'
Attest:
Mary A. Davis
City Clerk
Council Member Vuntberg moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: Yea~---Mayor Pro-Tern
Kfieg, Council Members Deich, Klunsner
Nagle, Nichoison, Vuntberg. Nays--None.
Absent--Mayor Brady
Communication of Acting City Manager
recommending acceptance of the contract for
the 1992 Asphalt Paving Project, pre~unted
and read. Council Member Voetbe~g moved
that the communication be received and
filed. Seconded by Council Member Nagle.
Carded by the following vote: Yeas--Mayor
Pro-Tern Kilns, Counell Members Delch,
Klueuner, Nagle, Nichoison, Voetberg.
Nays--None. Absent--Mayor Brady.
RESOLUTION NO. 374-92
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1992
Asphalt Paving Project has been completed
and the City Manager has examined the
work and Bled his certificate stating that thc
same has been completed according to the
terms of the contract, plans and
specifications and recommunds it acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1, That the recommendation of
.the City Manager be approved and that said
Improvement be and thc same is hereby
accepted.
BB IT FURTHER RESOLVED that the
City T~aunror be and he is hereby directed
to pay to the contractor from thc Road Uae
Tax Fund. General Fund. Local Option Sales
Tax Fund. and the P~rking Construedon
Fund in amount equal ~o the amount of his
contract, less any r~talned percentage
provided for therein.
P~ed, approved and adopted this 7th day
of December, 1992.
Kaflu'yn E. Krleg
Mayor Pro-Tern
Att~t:
May A. Davis
City Clerk
Council Member Voetberg moved
adoption of thc Resolution. Seconded by
Council Member Naglc, Caroled by the
following vote: Yeas--Mayor Pro.Tern
KBng, Council Members Deich, Kluesner,
Nagle, Nicholsco, Voetberg. Nays--None.
Abs~nt--Mayor Brady.
RESOLUTION NO. 3?$-92
FINAL ESTIMATE
Where,. thc conlract for the 1992
Asphalt Paving Project hen been comphited
and thc City Engineer has submitted his final
estimate showing the cost thereof including
the cost of estimates, notices and inspection
and all miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$382,097.08 and the said amount shall be
paid from the Road Use Tax Fund, General
Fund, Local Option Sales Tax Fund, and the
P~cking Cooanucfion Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 7th day
of December, 1992.
Kathryn E. Krieg
Attest: Mayor Pro-Tem
May A. Davis
City Clerk
Council Member Vcctborg moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carded by thc
following vote: Yeas--Mayor Pro-Tern
Kdng, Council Members Deich, Klunsner,
Nagle, Nichoison, Voetberg. Nays--None.
Absent--Mayor Brady.
Regular Session, December 7, 1992
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Nnglc.
Carried by the following vote: Yeas--Mayor
Pro-Tern Krlcg. Council Members Dcich.
Klecsner. Nngle. Nicholson. Vcetberg.
Nays--None. Absunt--Mayor Brady.
Meeting adjourned at 10:2'/p.m.
May A. Davis CMC
/'~city Cl~rk .
Approved ~~_~)~, 1993
Council Members
Attest:
f// City Clerk
494
495 Regular Session, December 21, 1992
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, December 21, 1992.
Council met at 7:30 p.m~, Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagie,
Voetbe~g, Acting City Manager Stephani
Johnson, Corporation Counsel Barry A.
Lindahl.
Mayor Brady read the call and stetad this
is the Rcgdiar Meeting of the City Council
called for the purpose to act upon such
business which may properly coma before
the Council.
Invocation wes given by Rev. left Arp,
Pastor of Dubuque Worship Center.
Council Member Klunsner moved to
suspend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Nicholson.
Caniod by the following vote: Yeas--Mayor
Brady, Council Members Dnich, Kluasner,
Ksieg, Nagle, Nicholson, Voetberg.
Nays--None.
Petition of Diane TeKippe requesting
KDUB Channel 40 News provide Clnsod
Caption communications. Sharon WinfieLd,
interpreter, spoke for Diane. Council
Member Krieg moved to receive and ftc and
refer this matter to Staff and Cable
Commission. S~coadad by Council Member
Nicholson. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Klunsner, Ksieg, Nagle, Nicbolson,
Voctherg. Nays--None.
Prcof of Publication certified to by the
Publisher on Notice of Heating on Plans and
Specifications for construction of Lincoln
Avenue Sanitary Sewer Reconstruction from
Humboldt Street to Farley Street, pre. creed
and read. There were no wsitten objecfions
received and no oral objectors pre~ent at the
time of the Hearing. Council Member
Ktuesner moved that the proof of publication
be received and filed. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Dnich, Kinasner, Kring, Nagle, Nicholson,
Vootberg. Nays--None,
RESOLUTION NO. 376-92
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd day of December,
1992, plans, specifications, form of contract
and estimated cost were filed with the City
Clerk of Dubuque, Iowa for the Lincoln
Avenue Sanitary Sewer Reconstruction from
Humboldt Street to Farley Street.
Whereas, notice of hearing 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 TI-IB CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 21st
day of December, 1992.
James E. Brady
Attest: Mayor
Mary A. Davis
City Clerk
Council Member Klucsner moved
adoption of the R~olution, Seconded by
Council Member Voetberg. Carried by the
following vote: Yea--Mayor Brady,
Council Member~ De. ich, Klacsner, Krieg,
Nagle, Nicbolson, Veetherg. Nays--None.
Proof of Publication certified to by the
Publisher on Notice to Bidders of the
Receipt of Bids for project and
communication of Acting City Manager
recomra~nding to award con.act for project,
and read. Council Member
Kluesner moved that the proof and
communication be received and Bled.
Seconded by Council Member Voetherg.
Canled by the following vote: Yeas---Mayor
Brady, Council Members Deinh, Kinesner,
Krieg, Nagie, Nicholson, Voetherg.
Nays--None.
Regular Session, December 21, 1992 496
RESOLUTION NO. 377-92
AWARDING CONTRACT
Whereas, sealed propeeeis have been
submitted by contractors for the Lincoln
Humboldt Street to Farley Street pursuant to
Resolution No. 360-92 and notice to bidders
published in a new~papor published in the
City of Dubuque, Iowa on the 10th day of
December, 1992.
Whereas, said sealed proposals were
opened and read on the 15th day of
Dacember, 1992 and it has been determined
that the bid of Superior Excavating of
Dubuque, Iowa in the amount of $43,130.50
was the lowest bid for the furnishings of all
labor and materials and performing the work
as provided for in the plans and
spacifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
improvement be awarded to Superior
Excavating and the Manager be and is
behalf of the City of Dubuque for the
BE IT FURTHER RESOLVED:
That upon the signing of sald contract and
the approval of the contractor's bond, the
City Treasurer is authorized and instructed to
return the bid deposits of the unsueeessfdi
bidders.
Passed, approved and adopted this 21st
day of December, 199Z
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carded by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetborg. Nays--None.
Communication of Acting City Manager
requesting authorization to submit an update
of the Comprehensive Housing Affordability
Strategy (CHAS) for the City as well as the
Annual Performance Report of eliAS,
presented and mad, Council Member
Voetberg moved that the comtnualcadon be
received and filed. Seconded by Council
Member Krleg. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Dclch, Kinnsner, Kfieg, Nagie, Nicholson,
Voetberg. Nays--None.
RESOLUTION NO. 37g-92
RESOLUTION AUTHORIZING
THE SUBMISSION OF A
COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY
(CHAS) AND ANNUAL
PERFORMANCE REPORT TO
THE U.S. DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMENT
Whereas, the City of Dubuque will apply
for dlmct assistance through the Community
Development Block Grant (CDBG) program
and other HUD programs subject to the
requirement that an annual Comprehensive
Housing Affordebillty Strategy (eliAS) und
an annual report on the City's progress be
prepared and submitted; and
Whereas, the CHAS has been updated and
an Annual Performance Report prepared and
are hereto attached and by this reference
made a part hereof; and
Whereas, a notice of the availability of
the CHAS for review and comment by the
was published in the Telegraph
Herald on November 20, 1992, a public
hearing was held on Dacembor 1, 1992 and
the City's Housing Commission has
revinwad and comr~nted on the CHAS and
Annual Performance Ropori; and
Whereas, the thirty day public review
period for the CHAS and Annual
Performance Report ended on December 20,
1992, and these documents may now be
submitted to HUD.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor be authorized
and directed to sign thc attached updated
Comprehensive Housing Affordability
Strategy (CHAS) for the City of Dubuque,
Iowa.
Section 2, That the Acting City Manager
be authorized and directed to submit the
updated CHAS along with comments
reeeivad to the U.S. Department of Housing
and Urban Development.
497
Regular Session, December 21, 1992
Section 3. That the Annual Performance
Report for tho CHAS is hereby approved,
and the Acting City Manager is authorized
and directed to submit it to the U.S.
Department of Housing and Urban
Development.
Passed, approved and adopted this 21st
day of December, 199Z
Attest:
Ma~y A. Davis
City Clerk
Council Member
laraes B. Brady
Mayor
Voetberg moved
adoption of the Resolution, Seconded by
Council Member Kriag. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dc'ich, Kluesner, Kriag,
Nagle, Nichnlson, Voetherg. Nays--None.
Communication of Dcpartn~nt of Natural
Resources requesting Council to reconsider
issuance of General Obligation Bonds rather
than a State Revolving Fund (SRF) loan to
financ~ improven~nt at the City's
Wz.stewater Treatment Plant, presented and
read. Council Member Vcetberg moved that
the communication be received and filed.
Seconded by Council Member Naghi.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Khiesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays--None.
Communication of Acting City Manager
submitting proposed changes to the current
Animal Ordinance and requesting Council to
adopt ordinance aa proposed; Provide for
first reading only or schedule a work session
for additional discussion on the proposed
changes, and communication of Don Nelson
and Tom Degree, Washington Jr. High
School Life Science Teacher advising of
their interests regarding new laws concerning
constrictor-type snakes and other types of
animals, presented and reed. Council
Member Vo~tberg moved that the
communication be Icceivcd and filed.
Seconded by Council Member Naghi.
Car~ed by tho following vote: Yeas--Mayor
Brady, Council Members Dcich, Kluaaner,
Krieg, Nagle, Nicholson, Voetberg.
Nays--None.
An Ordinance amending Code of Or-
dinances by repealing certain sections of
Chapter ? and enacting in lieu thereof now
sections of Chapter ? ~garding Animal
Control, presented and read. Council
Member Voetbcrg moved that this be
considered tho first reading of the Ordinance,
and directed that there be proper wording
providing for fines or penalties and all
costs/medical aids. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Dnich, Kluesnur, Krieg, Nagle, Nicholson,
Voetberg. Nays--None.
Commanlcadon of Acting City Manager
requesting Council approval to purchase a
Utility Billing Software Package for $14,895
relating to downsizlng from the current main
frarr~ computer, presented and read.
Council Member Krleg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Car~ed by tho following vote: Yeas--Mayor
Brady, Council Members Dnich, Kluesner,
Kriag, Nagle, Nicholann, Voetherg.
Nays--Noue. Council Membur Voetberg
further amended the motion to approve the
pumhase. Seconded by Council Member
Kluesnur. Carded by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, Nicholson, Voetborg,
Nays--Coancil Members Ddich, Kriag,
Nagle.
An Ordinance amending the Code of
Ordinances by adding to subsection (d) of
Section 32-262 thereof providing for the
prohibiting of parking on the North side of
Keyway Drive from John F. Kennedy Road
to Woodland Drive and on the East side of
Woodland Drive from Keyway Drive to
Foothill Road, said Ordinance tabled at
meeting of 12-%92, presented for further
action. Council Member Kluesner moved
that this Ordinance be removed from the
table. Seconded by Council Member
Voetbe~g, Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesnur, Kriag, Naghi, Nicholson,
Voetberg. Nays--None.
Petition of Toby Wisecup, V. Pres. of
Support Services, objecting to proposed
Ordinance as presented, however, would
offer a compromise by suggesting restricted
parking on the south side of Keyway Dr.
from Woodland Dr. to John F. Kennedy Rd.
only; Petition of Dubuque Community
School District submitting their comments
and concerns regarding proposed ordinance;
Communication of Medical Associates
supporting recommendations to restrict
parking along Keyway between JF Kennedy
and Woodland; Petition of E. T. Holdings
objecting to restricling tho parking on'
Keyway, presented and read. Council
Member Klnnsnur moved that the petitions
and communications be received and filed.
Seconded by Council Member Nagle.
Carded by the following vote: Yeas--Mayor
Regular Session, December 21, 1992
498
Brady, Council Members Dcich, Khiesncr,
Krieg, Nag)e, Vootberg. Nays--Council
Membex Nicholson.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 100-92
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUF~ IOWA
BY ADDING TO SUBSECTION (d)
OF SECTION 32-262 THEREOF
PROVIDING FOR THE
PROHIBITING OF PARKING ON
THE NORTH SIDE OF KEYWAY
DRIVE FROM JOHN F. KENNEDY
ROAD TO WOODLAND DRIVE
AND ON THE EAST SIDE OF
WOODLAND DRIVE FROM
KEYWAY DRIVE TO FOOTHILL
ROAD
NOW, THERF~ORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Cede of Ordinances
of the City of Dubuque, Iowa be amended
by adding Keyway Drive and Woodland
Drive to Subsection (d) of Section 32-262
thereof as follows:
"Sec. 32-262. Prohibited on Desi hated
Streets or Portions Thereof.
(d) No-parking-at-any-time zones
designated
Keyway Drive, north side, from John F.
Kennedy Road to Woodland Drive.
Woodland Drive, east side, from Keyway
Drive to Foothill Road.
Passed, approved and adopted this 21st
day of December, 1992.
Sarnes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 29th day of
December, 1992.
Mary A. Davis
It 12/29 City Clerk
Council Member Kluesnur moved that this
be considered the first ~ading of tho
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council m~efings prior
to tho meeting at which it is to be finally
adopted be suspended and fu~ber moved
final adoplion of the Ordinance. Seconded
by Council Member Naghi. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Kricg,
Nagle, Voetberg. Nays--Council Member
Nicholsoe.
RESOLUTION NO. 379-92
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 ocmopied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have Bled 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 following nan~d applicants
a Beer Perr&t.
CLASS "B" BEER PERMIT
Paaateri Enter~ise,lnc. Pueatefi Restaurant
Sunday Sales 2400 Central
Local 94 UAW Local 94 UAW
Sunday Sales 3450 Central
CLASS "C" BEER PERMIT
Angel Investment Co. Caaey's General
Store Sunday Sales 2699 Rockdale
Rainbo Oil Company KWIK Stop Food
Mart Sunday Sales 2320 Hwy
Passed, approved and adopted this 21st
day of December, 1992.
Jarues E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Kluesner. Canied by the following
vote: Yeas--Mayor Brady, Council Members
Dnich, Kluesuer, Krieg, Naghi, Nicholson,
Voetberg. Nays,---None.
RESOLUTION NO. 380-92
Whereas, applicarions for Liquor Licenses
have been submitted to this Council for
approval and the sam0 have beau examined
and approved; and
499
Regular Session, December 21, 1992
Wbe~as, thc pmn~ses to be occul~ad by
su~ a~ wcm in~c~ ~d found ~
~ly ~ ~e S~ ~w ~ ~ ~
Or~ces minv~t ~cm~ ~d ~cy have
fil~ pw~r ~nds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager bo authorized to cause
to bo issued the following named applicants
a Liquor Liceme.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Kim& Duniso Brestrup A & B Tap
26~0 Central
Tbe Moracco, Inc. The Moraceo
Sunday Sales 1413 Rockdale
David A. Ungs Copper Kettle
Sunday Sales 2987 Jackson
Sandy Zirkcibach Kennel Club
Sunday Sales 1097 Jackson
Passed, approved and adopted this 21st
day of December, 1992.
James E. Brady
Mayor
Attast:
Mary A. Davis
City Clerk
Council Member Nagle moved adopdon
of the Resolution. Seconded by Council
Member Kluasner. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesn~r, Krieg, Naghi, Nicholson,
Vcetberg. Nays--None.
Council recessed at 9:29 p.m.; Council
reconvened at 9:45 p.m.
Petition of. Edward Tschiggfrin to
voluntary annex property which adjoins thc
city limits of the City and described ~ "Lot
1 off south west 1/4 of south west 1/4 of
south east 1/4 and of south half of south east
1/4 of south west 1/4, Section 10. Township
89 North, Range 2 East of the Sth p.m. in
Dubuque County, Iowa. (Being presented for
public hceringfinput as required in
accordance with Chapter 368.7 of the Code
of lowa.), presented and read. Council
Member Vuntberg moved that thc petition bo
receiwd and filed and set for Public Hearing
on 1-18-93 at 7:30 p.m. in thc Public Libnuy
Auditorium and that the City Clerk publish
notice in thc manner prescribed by law.
Seconded by Council Member Ninholson.
Carded by thc following vote: Yeas---Mayor
Bredy, Council Members Dcich, Khiesner,
Kring, Nagin, Nicholson, Voetberg.
Nays~Noun,
Communication of Zoning Commission
advising of their approval to rezone property
at 1320 Locust S~'eet from OR to OC
Dis~ct, presented and read. Council
Member Voctborg moved that the
communication be mceivad and filed.
Seconded by Council Member Nagl¢.
Carried by the fofiowiag vote: Yeas--Mayor
Brady, Council Members Dc-ich, Kluesner,
Kriag, Naglo, Nicholson, Voetborg.
Nays---None.
An Ordinance amending Code of
Ordinances, by revising the Zoning
Ordinance to reclassify property located ut
1320 Locust Stseat from OR Office
Residential District to OC Office
Commercial District, presented and reed.
Counnil Member Voetberg moved that this
be considered the first meding of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to bo finally
adopted be suspended and fmther moved that
a Public Heating bo held on the Proposed
Ordinance on 1-18-93 at 7:30 p.m. in the
Public Library Auditorium and that the City
Clerk publish notice in the manner
proscribed by law. Seconded by Council
Member Naghi. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Dcich, Kluesner, Krieg, Nngle, Nicholson,
Voetberg. Nays--None.
Communication of Zoning Commission
advising of their approval to rezone property
located east of Cedar Cross Road and South
of 198 Cedar Cross Road from AG to CS
District, presented and read, Council
Member Kluesner moved that the
communication bo received and filed.
Seconded by Council Member Voetborg.
Caxried by the following vote: Yeas--Mayor
Brady, Council Members Dnich, Kluesnec,
Kfieg, Nagle, Nicholson, Voetborg.
Nays--None.
An Ordinance Amending Code of
Ordinances, by revising tho Zoning
Ordinance to reclassify property located East
of Cedar Cross Road and South of 198
Cedar Cross Road from AG Agricultural
District to CS Commercial Servic~ and
Wholesale District, presented and read.
Council Member Kluesuer moved that this
be considered the first reading only of the
Ordinance and that it bo set for Public
Hearing on 1-18-93 at 7:30 p.m. in the
Public Library Auditorium and that the City
Clerk publish notice in the manner
Regular Session, December 21, 1992
500
prescribed by law. Seconded by Council
Member Vootberg. Carried by tbe foUowlng
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesnet, Ksing, Nagle, Nicholson,
Voctborg. Nays---None.
Communication of Zoning Commission
advising of their approval to rezone property
for Finley Hospital from C-2 to ID and
amending ID Conceptual Development Plan,
presented and read. Council Member
Kluesner moved that the communication be
received and filed. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas--Mayor Brady, Council
Members Kluesner, Kring, Nagle, Nicholson,
Voctbexg. Nays---Council Member Dcich.
An Ordinance amending Code of
Ordinances by revising the Zoning
Ordinance to reclassify property at 486 No~th
Grandvinw Ave. from C-2 Neighborhood
Shopping Center Distsict to ID Institutional
District and amending Ordinance 45-91 by
approving an Amended Conceptual
Development Plan for the Finley Hospital ID
Institutional District at 350 North
Grandview, presented and read. Council
Member Kluesner moved that this bo
considered the fa'st reeding of the Ordinance,
and that the requirement that a proposed
Ordinance be considered and voted on for
passage at two Council meetings prior to the
meeting at which it is to be finally adopted
be suspended and further moved that a
Public Hearing be held on the Proposed
Ordinance on the 4th day of January, 1993 at
7:30 p.m. in the Public Library Auditorium
and that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Nagle. Carded by the
following vote: Yeas--Mayor Brady,
Council Members Kluesner, KHag, Nagle,
Nicholson, Voetberg. Nays~ouncil
Member Dcich.
MINU'I'ES SUBM1TFED ~- Airport
Commission of 11-7; Cable Community
Teleprogramming Commission of 12-1;
Historic Preservation Commission of 11-19;
Housing Commission of 12-8; Hun~m Rights
Commission of 11-9; Park & Recreation
Commission of 11-10; Transit Trustee Board
of 11-12; Zoning Board of Adjustment of
11-19; Zoning Commission of 12-2,
presented and read. Council Member
Voetberg moved that the minutes be received
and filed. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dcich, Kluesner, Kriag, Nagle, Ninholson,
Voetberg. Nays-None.
NOTICES OF CLAIMS/SUITS --Joseph
J. Bitter, on behalf of Michael A. Arthofer,
in the amount of $50,000 for personal
injuries and loss of earnings; Ron/Ann Burda
in amount of $124.20 for backed up sewer
damage, sl Mary Leu Ehlert in amount of
$650.15 for backed up sewer damages; Kelly
& Kim Noel in the amount of $711.00 for
backed up sewer damages; Milwaukee
Insurance, on behalf of their insured Barb
Robinson, in unknown amount for vehicle
damages; Wre~ & Pennia Schiesl in amount
of $1,800 for backed up sewer damages;
Zinginr Industries, Inc. vs. City of Dubuque
et al submitting "Petition to Fomcinae
Mechanic's Lien", presented and read.
Council Member Voetborg moved that the
claims and suits bo referred to the Legal
Staff for investigation and report Seconded
by Council Member Klcesner. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesner, Krieg,
Nagle, Nicholson, Vcctberg. Nays--None.
Communications of Corporation Counsel
advising of referral of following claims to
Crawford & Company, the agent for the
Iowa Communities Assurance Pool: Property
damage of Tom Aabenbrenner; Car damage
of Dawn Braltbach; Personal injuries of
Bernadette Itilby; Personal injuries of
William Kleckex; Personal injuries of
Summer Paul; Personal injuries of Mary M.
Spiciman, presented and read. Council
Member Voetherg moved that the
communications be received and filed.
Seconded by Council Member Kluesner.
Can4ed by the following vote: Yeas--Mayor
Brady, Council Members Dcich, Kluesner,
Kring, Nagin, Nicholson, Voetberg.
Nays--None.
Communication of Corporation Counsel
recommending s~ttiement of car damage
claim of Shawna Schrocder in the amount of
$74.89 and direct [be Finance Director to
issue proper check, presented and read.
Council Member Voetberg moved that the
conununicadon be received and filed and
settlement approved with Finance Director to
issue proper check. Seconded by Council
Member Kinesner. Canied by the following
vote: Yeas--Mayor Brady, Council Members
Dcich, Kluesner, Kfieg, Nagle, Nicholson,
Voetberg. Nays--None.
Petition of Attorney Robert Bertsch,
representing Richard L Kelly and Ali¢~ R.
Kelly, requesting vacating of an easement
along the east property line of Lot 21, Block
1 in Sunset Park Seventh Addition, presented
and read. Council Member Voatberg moved
that the petition be referr~ to the City
Manager and Staff. Seconded by Council
501 Regular Session, December 21, 1992
Memb~ Kluesner. Carried by ~he following
vote: Yeas--Mayor Brady, Counc'fl Members
Dalch, Klaesner, Kfiag, Naglc, Nicholson,
Voetberg. Nays--None.
Petition of The Bench Company
requesting aplnoval to place Bu~ Step
Benches on numerous sites along bus routes,
presented and read. Council Member
Vo~tberg moved that the petition be referred
to the Transit Bd, Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Dalch, Kluesner, Kriag, Nagle, Nicholson,
Voetberg. N~ys--Noan.
REFUND REQUESTED -- Perkins, in the
amount of $50,00 on ueexl~red Cigarette
License, prasanted and read. Council
Member Voutberg moved that the refund be
approved with Finance Director to issue
pro1~r cbeclc Seconded by Council Member
Kluesanr. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Daich, Kinesner, Kring, Nagle, Nicholson,
Voutberg. Nays--None.
Communication of Zoning Commission
advising of their approval of final plat for
James and Darlene Richard located in the
County within two mites of the city limits,
presented and read. Council Member
Voetberg moved that the communication be
gc~ived and fried. Seconded by Council
Member Kinesner. Carried by the following
vote: Yeas--Mayor Brady, CounCil Members
Dnich, Kluesanr, Krieg, Nagle, Nicholson,
Voctberg. Nays--None.
RESOLUTION NO. 381.92
RESOLUTION APPROVING THE
FINAL PLAT OF THE
SUBDIVISION OF LOT I OF
TSCHARNER PLACE INTO LOTS
I - 6 INCLUSIVE OF DARWOOD
ACRES IN SECTION 9, T89N, R2E,
OF THE STH p.m. IN DUBUQUE
COUNTY, IOWA.
Wbereas, there has been filed with the
City Clerk a final plat of the Subdivision of
Lot I of Tschamer Place into Lots I - 6
inclusive of Darwood Acres in Section 9.
T89N, R2E, of the 5th p.m. in Dubuque
County Iowa; and
Whereas, said final plat has been
examined by the City Zoning Commission
and had its approval endorsed thereon; and
Whereas. said final plot h~s been
approved by the City Zoning Conuulasion on
the condition that all access easements
provided between Lots I and 2, Lots 3 and
4, and between Lots 5 and 6 am used for the
consmtotion of common access drives; and
all septic systems and private water wells are
approved by the eppropsiate County
department.
Whereas, said final plat has been
examined by tho City Counnil and the City
Council finds thot the same conforms to the
statutes aod ordinances relating thereto.
Whereas, the City Council concurs in the
condition of approval established by the City
Zoning Commission.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the above-described final
plat be and the same is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque upon said
final plat provided that the owner of said
property shall execute a vaitten acceptance
hereto aUached, acknowledging and agreeing:
a) Access easements provided between
Lots I and 2, Lots 3 and 4, and
between Lots 5 and 6 are used for
the construction of common access
drives.
b) All septic systems and private water
welis are approved by the appropriate
County department.
Section 2. That in the event the owner
fails to execute the acceptance provided for
in Section 1 herein wifltin 45 days after the
date of this resolution, the provisions herein
shall be nail and void and the approval of
the plat shall not be effective.
Passed, approved and adopted this 2lot
day of December, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 381-92
We, the undersigned, Jarr~s Richard and
Darlene Richard, having read the terms and
conditions of the Resolution No. 381-92 and
being familiar with the conditions thereof,
bemby accept this same and agree to tho
conditions required therein.
Regular Session, December 21, 1992
502
Dated in Dubuque, Iowa this 23rd day of
December, 1992.
By/s/James Richard
By/si Darlene Richard
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Kluesaer, Kfiag,
Nagle, Ninhoison, Veetherg. Nays--None.
Communication of Acting City Manager
requesting approval of Supplemeut No. 12 to
the Code of Ordinances, presented and reed.
Council Member Voctberg moved that the
communication be reeeivod and ired.
Seconded by Council Member Klananer.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Dalch, Khreaner,
Kring, Nagle, Ninholeen, Voetberg.
Nays--None,
RESOLUTION NO. 382-92
ADOPTING SUPPLEMENT NO. 12
TO THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA
Whereas, under date of July 17. 1989, the
City Council, pursuant to Ordinanee No. 34-
89, re. adopted tho Code of Ordinances of the
City of Dubuqan, Iowa for ordinances
adopted up to and including December 19,
1988; and
Whereas, since December 19, 1988 tho
City Council of the City of Dubuque, Iowa
has adopted certain ordinances amending the
Code of Ordinances and said amendments
have been printed as supplements to the
Code of Ordinances; and
Whereas, Section 380,8 of the Code of
Ordinances provides that supplements, by
resolution, become part of the Code of
Ordinances.
NOW TI1EREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Supplement No. 12 of
the Code of Ordinances of the City of
Dubuque, Iowa, coveting Ordinances through
Ordinance No. 72-92 enacted through
September 8, 1992 and prepared by the
Municipal Code Corporation, Tailahassee,
Florida, hereto filed in tho Office of the City
Clerk of the City of Dubuque, Iowa be and
is hereby adopted and becomes part of the
Code of Ordinances of the City of Dubuque,
passed, approved and adopted this 21st
day of December, 1992.
kttest:
Mmy A. Davis
City Clerk
Council Member
Jan~s E. Brady
Mayor
Voutberg moved
adoption of the Resolution. Seconded by
Council Member Kluesanr. Carried by the
following vote: Yeas--Mayor Brady,
Coanoil Members Dnich, Kluesanr, Kriag,
Na~Je, Nichoison, Vo~tber8. Nays--None,
Communication of Acting City Manager
requesting execution of a Right-of-Way
Assurance Statement for Federal Aid
Projects, presented and icad. Council
Member Veetberg moved that the
communication be received and filed.
Seconded by Council Member Kinesner.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Dnich, Kluesner,
Krieg, Nagin, Ninholson, Voctberg.
Nays--None,
RESOLUTION NO. 383-92
RESOLUTION AUTHORIZING
THE MAYOR TO EXECUTE A
RIGHT-OF-WAY ASSURANCE
STATEMENT FOR FEDERAL AID
PROJECTS WITH THE IOWA
DEPARTMENT OF
TRANSPORTATION
Whereas, the 1970 Uniform Relocation
Assistance and Land Acquisitions Policy Act
requires that a Right-of-Way Assuranc~
Statement for Federal Aid Projects be
annually submitted to the Iowa Department
of Transportation; and
with the Iowa Department of Transportation
by January 29, 1993 for projects involving
Federal Aid Funds.
NOW, TtIERE~ORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor be authorized
and directed to execute the Right-of-Way
Assurance statement with the Iowa
Department of Transportation stipulating that
the City will comply with the Relocation
Assistanc~ benefits in accordance with the
503 Regular Session, December 21, 1992
1970 Uniform Relocation Asais~mce and
Land Acquisition Policies AcC
Section 2. That the City Clerk be
authorized to file said Right-of-Way
Passed, approved and adopted this 21st
day of December, 1992.
Attest:
Mary A. Davis
City Clerk
Council Member
James E. Brady
Mayor
Voetberg moved
adopdun of the Resolution, Seconded by
Council Member Kluesner. Carried by the
following vo~e: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Vcetberg. Nays--None.
Communication of Hugh LaMent
Executive Director of GDDC requesting
coordination of action steps to resolve
flooding conditions in the North end of City
near Flexsteel Industrial Site, presented and
read. Council Member Voetberg moved that
the communication be referred to Council.
Seconded by Council Member Kluesner.
Carried by the following
Brady, Council Members Deich,
Kfieg, Nagle, Nicholson, Voetberg.
Nays--None.
At 9:57 p.m., Council moved into Closed
Session, in accordance with Chapter 20.17
(3) Public Employment Relations (Collective
Bargaining) (Exempt f~om provisions of
Chapter 21). Seconded by Councll Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krleg, Nagle, Nicholson,
Voetberg. Nays--None.
At 10:30 p.m, Council reconvened into
Regular Session and there being no further
beainess, Council Member Voetberg moved
to adjourn. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Kfieg, Nagle, Nicholson,
Voetberg. Nays--None.
Meeting adjourned at 10:30 p,m.
Mary A. Davis CMC
t Clerk
1993.
1993.
Council Members
Attest.:~ -~
,~City Clerk