1990 June Council Proceedings
324
Regular Session, May 21,1990
Regular SessIon, June 4, 1990
325
report. Seoonded by Council Member
Kluesnec. Vote on the molion was as
follows: Yeas-Mayor Brady, Council
Members Kluesner, Nicholson.
Naya--Council Membecs Deich, Heckmnnn,
Pratt, Voetbezg. Molion failed. Council
Membec Nicholson moved that the commun-
icalion be received and filed. Seconded by
Council Member Pnon. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Kluesnec, Nicholson, Pratt,
Voelberg. Nays-CounciJ Members Deich,
Heckmann.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, lune 4, 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
There being no further business, Council
Member Pnott moved to adjourn. Seconded
by Cooncil Membec Heckmann. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesnec, Nicholson, Prat~ Voetberg.
Nays-None.
Meeling adjourned at 11:10 p.m.
Present: Mayor Brady, Council Members
Deich, Heckmann, Voetberg, City Manager
W. Kenneth Gearhart, Corporalion Counsel
Barry A. Lindahl. Absent: Council Members
Kluesner, Nicholson, Pratt.
Mayor Brady read the cali and stated this
is the Regular Monthly Meeling of the City
Council calied for the purpose to act upon
such business which may properly corne
before the Conncil.
Invocalion was given by Father Glovi.l:,
Pastor of S~ Parrick's Catholic Church.
PROCLAMATIONS-Iune4thru 10th as
"Youth Baseball Week" received by Vom
Haberkorn and Rick Baumbover, lune 10 as
"Nalional Cancer Survivor's Day" received
by Mary Kay Egan.
Council Member Deich moved to suspend
the rules to allow anyone present to address
the Council if they so desire. Secouded by
Council Member Heckmann. Carried by the
following vote: Yess--Mayor Brady, Coun-
cil Members Deich, Heckmann, Voetberg.
Nays-None. Aboenl-Council Members
Kluesner, Nicholson, Pran.
Proof of Publicalion, cerlified to by the
Publisher, on Notice of Public Hearing to
consider approval of the sale of Revenue
Bonds Loan Agreemenl with First National
Bank of Dubuque in the maximum amount
of $110,000 to pay for the construction of a
Fairway lnigation System at the Bunker Hill
Golf Course. (Adjourned from meeting of
May 21, 1990), _ted and real!. There
were no written objections received and no
oral ol!jectors present at the lime of the
Hearing. Council Member Heckmann moved
that the proof of publication be received and
med. Seconded by Council Member
Voelberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays-None.
Atteat:
11~
~Clerk
""w-e
Absenl-Council
Nicholson, Pran.
Members
Kluesner,
Council Member Heckmann moved to
close the Public Hearing and table to the
meeting of lune 18, 1990 the following:
Resolution Approving Pmmissory Note and
Loan Agreemenl in the amount of $110,000
for the Construction of a Fairway lnigation
System at the Bunker Hill Golf Course.
Seconded by Council Member Voetberg.
Carned by the following vote: Yeas-Mayor
Brady, Council Members Heckmann,
Voetberg. Nays-Council Member Deich.
Absent-Council Members Kluesner,
Nicholson, Pratt
Proof of Publication, cerlified to by the
Publisher, on Notice of Public Hearing to
considec an Amended Conceptual Develop-
ment Plan for the Kennedy Mall PC Distric~
(Recessed from meeting of May 7, 1990)
and communication from the Cafaro Cora-
pony requesting this item be removed from
the Public Hearing schedule and be sel aside
indefinitely, contingent on continuing review
by their Coropany, presented and read.
Council Member Heckmann moved that the
proof and coll1fJloniearion be received and
med and defecred matter to AUgDSt 20, 1990.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-Mayor
Brady, Council Membecs Deich, Heckmann,
Voelberg. Nays-None. Ahsenl-Council
Membecs Klueaoer, Nicholson, Pratt.
Proof of Publication, cerlified to by the
Publisher, on Notice of Public Hearing to
consider approval of Conceptual Develop-
ment Plan for the PR Planned Residential
DistricI at North Range Co.... presented and
read. There were no written objeclions
received and no oral ol!jectors present at the
time of the Hearing. Mike Portzen, 378 S.
Grandview, requested favorable consideration
of the proposed rezoning. Council Member
Voetberg moved that the proof of publication
be received and med. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yess--Mayor Brady, Council
Membecs Deich, Heckmann, Voelberg.
Nays--None. Ahsenl-Council Members
Klues_, Nicholson, Pran.
An Ordinance Amending Code of Ordi-
nances by adopting a Conceptual Develop-
ment Plan for the PR Planned Residential
DistriCI al North Range C~ said Ordi-
nance having been presented and read at the
Council Meeting of May 21, presented for
final action.
Regular SeSSion, June 4,1990
by revising Appendix A theceof, also known
as the Zoning Ordinance and Zoning Map of
the City of Dubuque, Iowa. by adopting and
a¡>¡WOving the conceptual development plan
for the following described property, to wit:
North 16 feet of Lot 1 of 1, West 420
feet and South 149 feet of Lot 2, and
the Southwest corner 175 by 37 feet of
Lot 5, all in North Range Subdivision
No.1. -
Section 2. That in order to accomplish the
purposes of the PR Planned Residential Dis-
tric~ and the Zoning Ordinance of the City
of Dubuque, Iowa. the use and improvement
of the hereinahove described PR Planned
Residential Dislrict shall be sul!ject to the
submitted conceptual development plan and
to the following conditions and reslrictions:
A, Use Regulations
The following regulations shall apply to
all UICS made of land in the ahove described
PR Planned Residenlial District:
1) The principal permitted nses shall be
limited to those primary ulCS as permitted by
Seelion 3-1.6B of the Zoning Ordinance of
the City of Dubuque, Iowa, except that no
mobile home park/subdivision will be
permitted.
2) Accessory DlcS shall be limited to any
use CDStomariIy incidental and subordinate to
the principal use it serves.
3) No secondary, conlingency or con-
dilional nses will be allowed.
326
(OFFICIAL PUBLICATION)
ORDINANCE NO. 48.90
AN ORDINANCE OF THE CITY OF
DUBUQUE. IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE. IOWA, BY ADOPflNG
A CONCEP1UAL DEVELOPMENT
PLAN FOR THE PR PLANNED
RESIDENTIAL DISTRICT AT
NORTH RANGE COURT.
WbeceBB, Micbael portzen, own« and
developer, has med an application for
a¡>¡WOval of a conceptual development pian
for beceinafter described property in I
accordance with provisions of the PR
Planned Residential District regulations as
set forth in Section 3-1.6D of the Code of
Ordinances, Appendix A theceof, of the City
of Dubuque. Iowa; and
Wbeceas, the Planning and Zoning Com-
miasion bas held a public hearing 00 said
applicalion for a conceptual development
plan pursuant to required published notice;
and
WbeceBB, the Planning and Zoning Com-
mission has approved said conceptual
development plan sul!ject to specific con-
dilions and restrictions having found that
said plan conforms with the review standards
applicable to such pians as set forth in
Seelion 3-1.6D of the Code of Ordinances,
Appendix A thereof, of the City of Dubuque,
Iowa; and
WbeteBl, the Planning and Zoning Com- I
mission recommended the concurrence of the
City Council and appmval of said conceptual
development plan; and
WbeceBB, the City Council has received
the recommendation of the Planning and
Zoning Commissioo and held its own public
bearing 00 said conceptual development plan
pursuant to required publisbed noIice; and
WheteBl. the City Council bas approved
said 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:
Sedlon I. That the Code of Ordinances
of the City of Dubuque, Iowa, be amended
B. Bulk Regulallona
The bulk regulatioos of this PR Planned
Residential District shall be as allowed by
Seelion3-1.5F, R-4 Multi-Family Residential
Distric~ of the Zoning Ordinance of the City
of Dubuque. Iowa,
C. Parking Requirements
The off-stteet parking requiremenls for
the psiocipal permitted UICS shall be the
same as that designated by Sectioo 3-1.6B of
the Zoning Ordinance of the City of
Dubuque, Iowa.
D. Signa
The sign regulations shall be the same as
that which are allowed in the R-4 Multi-
Family Residential District as established in
Section 4-3.11 Scbedule of Sign Regulalions
Rl!{lular Session, June 4, 1990
327
of the Zoning Ordinance of the City of
Dubuque, Iowa.
E. Sile Development Standards
The site development standards fΠthis
PR Planned Residential District sball be as
follows:
1) A final site development plan sball be
submitted in accordance with Section 4-4 of
the Zoning Ordinance of the City of
Dubuque, Iowa.
2) Eleven (11) mulli-family structures,
each with four (4) dwelling unils per struc-
ture and 6,500 square feet in size, will be
constructed.
F. Performance Staudarda
The development and maintenance of uses
in this PR Planned Residential District sball
be establisbed in conformance with the stan-
dards of Section 3-1.6B of .the Zoning
Ordinance of the City of Dubuque, Iowa,
G. TIme UmltaUon
The timetable for construction and sub-
mittal of a final site development plan shall
be established in conformance with the
following standards:
1) The conceptual development plan sball
be valid for a period of three years from the
date of adoplion of this ordinance, pmvided
that after the first year, if no final site
development plan has been med, the
Commission or Council may require the re-
submission of a conceptual development
plan.
2) Excavation, building construction,
extension of utilities, installation of S!reels,
and landscaping will begin in 1990 and be
completed by 1992.
H. Tronsr... or Ownership
Transfer of ownership oflease of property
in this PC Planned Commen:ial District sball
include in the transfer Πlease agreement a
provision that the porchascr or lessee
acknowledges awarene.. of the condilions
authorizing the estabHshment of this distric~
L Streets
All S!reels installed in this particular PR
Planned Residential District shall be iDStalled
in accordance with City of Dubuque specifi-
cations. All private s!reels in this PR District
shall be maintained in acoordance with City
of Dubuque standards by the property owner
and/or associalion. If not so maintained, the
City of Dubuque may do so at the expense
of the property owner and/or association.
Section 3. A final site development plan
shall be approved hy the City Planner if
found to be in conformance with the concep-
tual development plan. If found to be in
conformanoe with said plan, the issuance of
building pennils shall be pennitted. Follow-
ing appmval of a final site development
plan, no construclion may taIœ place exoept
in substantial conformance with such plan.
Passed, appmved and adopted this 4th day
of lune, 1990.
Atteat:
Mary A Davis
City Clerk
lames E. Brady
Mayor
Published officially in the Telegraph
Herald newspaper this 9th day of I une, 1990.
Mary A Davis
City Clerk
11 619
Council Member Voetberg moved final
adoptioo of the Ordinance. Seconded by
Council Member Heckmann. Carried by the
following vote: Yess--Mayor Brady, Coon-
cil Members Deich, Heckmann, Voetberg.
Nays-None. Ahsenl--Council Members
Kluesn"" Nicholson, Pratt
Proof of PubHcation, cerlified to by the
Publishec, on Notioe of Public Hearing to
considec adopting a ConeeptuaI Development
Plan for the Southgate Development PC
Planned ConunerciaI Dislrict located at
southeast com", of the intersection of Iowa
Highway 61/151 and 52167, presented and
read. There were no written objections
received and no oral objectors present at the
time of the Hearing. Don Mueller requested
favO11lb!e consideration of proposed rezon-
ing. Council Member Voetherg moved that
the proof of pubHcalion be received and
med. Seconded by Council Member
Voetberg. Carried by the following vote:
Yess--Mayor Brady, Council Members
Deich, Heckmann, Voelberg. Nays--None.
Absent-Council Membera Kluesner,
Nicholaon, Pnott
An Ordinance Amending Code of Ordi-
nances by adopting a Conceptual Develop-
ment Plan for the Southgate Development
PC Planned Commereial Distric~ said Ordi-
nance having been presented and read at the
Council Meeling of May 21,1990, presented
for final action.
328
Regular Session, June 4, 1990
(OFFICIAL PUBLICATION)
ORDINANCE NO. 49-90
AN ORDINANCE OF THE CITY OF
DUBUQUE. IOWA PROVIDING
THAT THE CODE OF
ORDINANCES, CITY OF
DUBUQUE. lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE
CITY OF DUBUQUE, IOWA, BY
ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN FOR
THE SOUfHGA TE DEVELOPMENT
PC PLANNED COMMERCIAL
DISTRICT AT THE SOUTIlEAST
CORNER OF THE INTERSECTION
OF IOWA IDGHWAYS 61/151 AND
52/67.
Whereas, Daniel J. and Raymond Mueller,
owners, have med an applicatioo for
approval of a conceptual development plan
for bereiJUÚter descsibed property in
accordance with pmvisions of the PC
Planned commercial District regulations as
set forth in Section 3-3.8D of the Code of
Ordinances, Appendix A theceof, of the City
of Dubuque, Iowa; and
WbeceBB, the Planning and Zoning Com-
mission baa held a poblic hearing 00 said
applicalion for a conceptual development
plan pursuant to required published notice;
and
WbeceBB, the Planning and Zoning Com-
mission baa approved said conceptual
development plan sul!ject to specific con-
ditions and restrictions having found that
said plan conforms with the review standards
applicable to such plans as set forth in
Section 3-3.8D of the Code of Ordinances,
Appendix A theceof, of the City of Dubuque,
Iowa; and
WbeceBB, the Planning and Zoning Com-
mission recommended the concurrence of the
City Council and approval of said conceptual
development plan; and
WbeceBB, the City Council baa received
the recommendalion of the Planning and
Zoning Commission and held its own public
hearing on said conceptual development plan
pursuant to required publisbed nolice; and
Whereas, the City Council baa approved
said 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:
Sec:llon I. That the Code of Ordinances
of the City of Dubuque, Iowa, be amended
by revising Appendix A theceof, also known
as the Zoning Ordinance and Zoning Map of
the City of Dubuque, Iowa, by adopting and
ap¡woving the conceptual development plan
for the following described property, to wit:
All that part of Lot 3 of Key Gate
Center in the City of Dubuque, Jowa
lying west of the following described
line: Beginning at the northeast comer
of Lot I of I of 4 of Annie Wallers
Sub No.2 in Section I Table Mound
Township; thence north 00 degrees 52
minutes 20 seconds west 356.25 feet to
a point of interseclion southerly right-
of-way line of U.S. Highway 52 and to
the center line of the adjoining public
right-of-way, all in the City of
Dubuque, Iowa.
Sec:llon 2. That in order to accomplish the
pUtpOses of the PC Planned Coromercial Dis-
tri~ and the Zoning Ordinance of the City
of Dubuque, Iowa, the use and improvement
of the bereinahove descsibed PC Planned
Conunereial District shall be subject to the
submitted conceptual development plan and
to the following conditions and restrictions:
A, Use Regulations
The following regulations shall apply to
all uses made of land in the ahove descsibed
PC Planned Conunereial District:
1) The principal permitted uses shall be
limited to those uses as permitted by Section
3-3.8B of the Zoning Ordinance of the City
of Dubuque, Iowa.
2) Accessory DSes shall be limited to any
nse customarily incidental and subordinate to
the principal use it serves.
3) No conditional DSes will be allowed.
B, Bulk Regulatlona
The bulk regulations in tlûs parlicular PC
Planned commercial District shall be the
same as those set forth in Section 3-3.3F, C-
3 General Coromercial Distric~ of the
Zoning Ordinance of the City of Dubuque,
Iowa.
Regular SessIon, June 4, 1990
C. Parking Requlremenfa
The following regulalions shall apply to
all parlring areas in the above described PC
Planned Coromercial District:
1) The off-street parking reqnirements for
the principal pennitted uses shall be to same
as that designated by Section 3-3.8B of the
Zoning Ordinance of the City of Dubuque,
Iowa.
2) All parlring areas abutting a residential
distric~ public right-of-way, or private street
shall be screened from grade level to a
height of not Ie.. than three (3) feet and
maintained within three (3) years of instal-
lation at fifty (50) percent opacity nsing
living materials such as hedges, shrubs
and/or evergreen trees.
3) No on-street parking will be pennitted
in this PC District The property owner shall
install signs to tlûs effect along all streets in
tlûs PC District
D. SIgns
The sign reguiatioDS in this particular PC
Planned Coromercial District sball be the
same as that which are allowed in the C-3
General Commercial District as established
in Section 4-3.1 I Schedule of Sign Regula-
tions of the Zoning Ordinance of the City of
Dubuque, Iowa.
E. SlIe Development Standarda
The site development standards for this
PC Planned Commercial District shall be as
follows:
1) A fina1 site development plan shall be
submitted in accordance with Section 4-4 of
the Zoning Ordinance of the City of
Dubuque, Iowa. No forth..- grading, exca-
vation, or other land disturbing activity may
occur before a final site plan is approved.
2) All commercial huildings and nses that
abut office or residential districts sball
maintain screening not less than six (6) feet
in height along the abutting pmperty line(s).
3) All outside rubbish, storage and
garbage collection areas shall be permanently
screened from view to a height of at least six
(6) fee~ as set forth in Section 4-4.6(3) of
the Zoning Ordinance of the City of
Duhoque, Jowa.
4) All slopes which exceed ten (10)
percent shall be stabilized as set forth in
329
Section 4-4.6(2) of the Zoning Ordinance of
the City of Dubuque, Iowa.
5) All ulility lransmission systems shall be
placed underground whecevec reasonably
practical.
6) Adequate illumination shall be pt>-
vided to parlring lots, sidewalks, and all
othec areas for vehicular and pedestrian
circuIalion, and sball be directed so as not to
inleñere with the use and enjoyment of adja-
cent properlies.
F. Performance Standards
The development and maintenance of DSes
in this PC Planned Cornmereia1 District sball
be established in conformance with the stan-
dards of Section 3-3.8D of the Zoning Ordi-
nance of the City of Dubuque, Iowa.
G. TIme Umltatlon
The timetable for construction and sub-
mittal of a final site development plan sball
be established in conformance with the
following standards:
1) The conceptual development plan shall
be valid for a perind of three years from the
date of adoption of this ordinance, pmvided
that ather the first year, if no final site
development plan has been med, the
Commission or Council may require the
resubmission of a conceptual development
plan.
2) Development of the site shall progress
as follows:
a) Complelioo of excavation, extension
of ulililies, and iDStallation of a frontage road
serving the three (3) lots east of U.S. 611151
in 1991.
b) Construclion of a 3,000 square foot
convenience store, a gas pump canopy, a car
wash, a 5,000 square foot restauran~ and a
8,000 square foot commercial building in the
three (3) lots east of U.S. 61/151 beginning
in 1990 and completed in 1993.
c) Completion of excavation; extension
of ulilities; installalion of streets; and con-
struction of a 5,000 square foot retail
building, two (2) 20,000 square foot retail
structures, and a 17,000 square foot motel in
the remaining area of the PC District in
1997.
330
Regular SeSSion, June 4, 1990
H. Transr... or QwDersblp
Transfec of ownership of lease of property
in this PC Planned Commercial District shall
include in the tranSfer or lease agreement a
provision that the purchaser or lellee
ackoowledges awareness of the conditions
authorizing the establishment of this distric~
I, Open Space
Those areas designated on the conceptual
development plan for this particular PC
Planned commercial District as "green
space" shall be maintained as open space as
defined by Section 8 of the Zoning Ordi-
nance of the City of Dubuque, Iowa.
J, Streets
The streets installed in this particular PC
Planned Commercial District shall be con-
sttUCted and maintained as private streets in
accordance with the City ofDubuque specifi-
calions by the property owner and/or assnci-
ation. If not so maintained, the City of
Dubuque may do so at the expense of the
property owner and/or association.
K. Sidewalks
Sidewalks shall be installed and
maintained in this particular PC Planned
commercial District in accordance with City
standards.
Section 3, A final site development plan
shall be ap¡woved by the City Planner if
found to be in conformance with the concep-
tual development plan. If found to be in
conformance with said plan, the issuance of
building pennits shall be pennined.
Following approval of a final site develop-
ment plan, no consttUCtion may take place
except in substantial conformance with such
plan.
Passed, approved and adopted this 4th day
of June, 1990.
lames E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of June, 1990.
Mary A. Davis
City Clerk
Council Membec Voetbetg moved final
adoplion of the Ordinance. Seconded by
Council Membec Heckmann. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Voetberg.
Nays-None. Aboent-Council Members
Klœsner, Nicholson, Pratt
Proof of publication, certified to by the
publisher, on Nolice of Public Hearing to
provide for Group Day Care Centers as an
acoellory DSe in the PI Planned Industrial
District and in the 1D InstitUtional Distric~
presented and read. There were no written
ol!jeclions received and no oral ol!jectors
present at the lime of the Hearing. Council
Member Voetberg moved that the proof of
publication be received and med. Seconded
by Council Member Heckmann. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Voetberg. Nays-None. Absent-Council
Membecs Kluesner, Nicholson, Pnon.
An Ordinance amending Code of Ordi-
nances by revising Appendix A theceof, to
provide for Group Day Care Centers as an
acoellory use in the PI Planned Industrial
District and in the ID InslitUtional Distric~
said Ordinance having been presented and
read at the Council Meeling of May 21,
1990 presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. SO-9O
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 TO
PROVIDE FOR GROUP DAY CARE
CENTERS AS AN ACCESSORY
USE IN THE PI PLANNED
INDUSTRIAL DISTRICT AND IN
THE ID INSTITUTIONAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,10WA:
It 6/9
Section 1. That the Cnde of Ordinances
of the City of Dubuque. Iowa. be amended
hy revising Appendix A theceof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa by enacling a new Section 3-
4.3C(2) to establish gmup day care centers
in the PI Planned Industrial District as an
accessory nse as follows:
Section 3-4.3, PI Planned Industrial
District
Regular Session, June 4, 1990
331
(C) Accessory U...
"2) Group day care center pr0-
vided that no gmup day
care center may be located
in or adjacent to any
structure or storage area
whece hazardous materials
are presen~ [8].'
Seålon 2. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
by revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, by enacting a new Section 3-
5.2C(5) providing for gmup day care centers
as an accellory DSe in the 1D institUtional
Distric~ as follows:
Section 3-5.2, ID InstitUtional District
(C) Acceasory U...
"5) Group day care center [8]."
Seålon 3, That the foregoing amendment
has hecetofore been approved by the Plan-
ning and Zoning Commillion of the City of
Dubuque, Iowa.
Passed, approved and adopted this 4th day
of lune, 1990.
lames E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of lune, 1990.
Mary A. Davis
City Clerk
11 6/9
Council Member Voetberg moved final
adoplion of the Ordinance. Seconded by
Council Member Heckmann. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Vcetberg.
Nays-None. Aboent-Council Members
Kluesner, Nicholson, Pran.
Petition of TCI Cablevision of Dubuque,
Ine. requesting a waiver of the Cable Fran-
chise Ordinance regarding billing procedures,
presented and read. Council Member
Voelberg moved that the petition be received
and med and set for Hearing on luly 16,
1990. Seconded by Council Member
Heckmann. Vote on the motion was as
follows: Yeas-Council Members
Heckmann, Voetbetg. Nays-Mayor Brady,
Council Member Deich. Motion failed -No
Hearing Se~ Council Member Deich moved
that the petition be received and med.
Seconded by Council Member Heckmann.
Carried by the following vote: Yess--Mayor
Brady, Council Members Deich, Heckmann.
Nays-Council Member Voetberg.
Cornmonication of City Manager request.
ing approval to sell real estate located at 272
Valeria SIree~ presented and read. Council
Member Voetberg moved that the commoni-
cation be received and filed. Seconded by
Council Member Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Voetberg. Nays-None. Absent-Council
Members Kluesner, Nicholson, Pratt.
RESOLUTION NO. 224-90
A RESOLlf110N OF INTENTION
TO DISPOSE OF CITY-OWNED
PROPERTY: LOT TWO (2) OF LOT
THIRTEEN (13) OF THE
SUBDIVISION OF LOTS 129, 13lA,
131, AND 135A IN L.H.
LANGWORTHY'S ADDITION, IN
THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
(GENERALLY KNOWN AND
ASSESSED AS WIELAND'S
SUBDIVISION) ACCORDING TO
TIlE RECORDED PLAT T1IEREOF;
ALSO KNOWN AS 272 VALERIA
STREET, DUBUQUE, IOWA.
Whereas, the City of Dubuque has soli-
cited and received offers to purchase for the
above referenced property, in the amount of
$22,000.00, in accordance with an offer to
buy real estate attached hereto; and
Whereas, by accepting the selected offer
to the City's ol!jectives of recovery of a
substantial part of its outstanding loan
balance and provision of additional lower-
income hoasing can be achieved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Sedlon 1. That the City of Dubuque,
Jowa intends to dispose of its interest in the
following legally described property:
Lot Two (2) of Lot Thirseen (13) of
the Subdivision of Lots 129, 131A,
131, and 135A in L.H. Langworthy's
Addition, in the City of Dubuque,
Dubuque County, Iowa (generally
known and aslClSed as Wieland's
Subdivision) according to the recorded
plat thereof.
332
Regular SeSSion, June 4,1990
Sedlon Z. That the City of Dubuque,
Iowa proposes to dispose of its intereSt in the
herein described real estate to Oliver Kringle
and James Kring1c, for the consideration of
$22,000.00 and the tmI1B of an offer to buy
real estate attached berein.
Sedlon 3. That this Council meet in the
Carnegie StoUt Public library Auditorium.
11th and Bluff S1reets, Dubuque, Iowa, at
7:30 p.m. on the 18th day of June, 1990 for
the purpose of talring action on the dispos-
ition of the berein described real estate in the
City of Dubuqoe, Iowa.
Section 4- That the City Oed< be and she
is hereby authoriæd and directed to cause a
notice to be publisbed as prescribed under
Chapter 364.7, Disposal of Property - Code
of Iowa 1987 or as amended.
passed, approved and adopted this 4th day
of June, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
lion of the Resolulion setting it for Public
Hearing on June 18, 1990 at 7:30 p.m in the
Public library Auditorium and that the City
Oerk publish nonce in the manner pre-
scribed by law. Seconded by Council
Membec Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Voetberg. Nays-None. Aboent-Council
Members Kluemer, Nicholson, Pratt.
Commonication of City Manager sub-
mitting bidding procedures for the extension
of an existing Sanitary Sewer at the end of
Mount Vernon Court. presented and read.
Council Member Voetberg moved that the
commonication be received and filed.
Seoonded by Council Mernbec Heckmann.
Carried by the following vote: Yeas-Mayor
Brady, Council Membecs Deich, Heckmann,
Voetberg. Nays-None. Ahsent-Council
Members Kluesner, Nicholson, Pnon.
RESOLUTION NO. 115-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specificalions,
form of contraCt and estimated cost for the
""~
Mount Vemon Court Sanitary Sewer Exten-
sion, in the estimated amount of $21,478.88
are hereby approved and ordered med in th;
office of the City Oed< for public inspection.
Passed, adopted and appmved this 4th day
of June, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Oerk
Council Membec Voetberg moved adop-
lion of the Resolulion. Secoaded by Council
Membec Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deicb, Heckmann,
Voetberg. Nays-None. Ahsent-Council
Membecs Kluemer, Nicholson, Pratt.
RJ!SOLUTION NO. 226-90
FIXING DATI! OF HEARING ON
PLANS AND SPECIFICATIONS.
WbeceBB, the City Council of the City of
Dubuque, Iowa has given itS preliminary
approval on the proposed plans, specifi-
calions, and form of conlr8Ct and placed
same on me in the office of the City Oerk
for public inspection of the Moont Vernon
Court Sanitary Sewer Extension.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 2nd day of luly, 1990, a pub-
lic hearing will be held at 7:30 p.m. in the
Public library Auditorium at which tim::
intl:Zelted persons may appear and be heard
for or against the proposed plans and spee-
ificalions, form of conlr8Ct and cost of said
im¡mvemen~ and the City Oed< be and is
hereby directed to canse a nolice of lime and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which nolice sball
be not Ie.. than four days nor more than
twenty days prior to the day filed for itS
consideration. At the beasiog, any interested
person may appear and me objeclions to the
proposed plans, specifications, con1raC~ or
estimated cost of the imptovem::n~
Passed, adopted and appmved this 4th day
of June, 1990.
lames E. Brady
Mayor
Atteat:
Mary A. Davis
City Oed<
Regular session, June 4, 1990
Council Membec Voetbezg moved ad0p-
tion of the Resolulion. Seconded by Council
Mentbe< Heckmann. Carried by the follow-
ing vote: Yeas--Mayor Brady, Council
Membecs Deich, Heckmann, Voetberg.
Nays--None. Abscnt-Council Members
Klues_, Nicholson, Pran.
RESOLUTION NO. 227-90
ORDERING BIDS
NOW, TIIEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
333
Brady, Council Mernbecs Deicb, Heekmann,
Voetberg. Nays--None. Ahsent-Council
Membecs Klueaoer, Nicholson, Pnon.
RESOLUTION NO. 228"90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
NOW, TIlEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Mount Vernon Court Sanitary
Sewer Extension ;. heceby ordered to be
advertised for bids for construction.
BE IT FURTIIER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as apart of the
plans and specifications heretofore adopted.
That the City Oeck is heceby directed to
adverlisc for bids for the construclion of the
improvements herein provided, to be pub-
lisbed in a newspaper having general eircul-
&lion in the City of Dubuque, Iowa. which
noIice shall not be leas than four days nor
more than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 21st day of
lone, 1990. Bids shall be opened and read
by the City Oed< at said lime and will be
submitted to the Council for final aclion at
7:30 p.m. on the 2nd day of luly, 1990.
Passed, approved and adopted this 4th day
of lune, 1990.
James E. Brady
Mayor
Se<tlon 1. That the proposed plans,
specifications, form of conlr8Ctand eatimated
cost for the Electrical and Distribution Pump
System Upgrades 10 the Eagle Point Water
Plan~ in the eslimated amount of $955,000,
are hereby approved and ordered filed in the
office of the City CIerI: for public inspection.
Passed, approved and adopted this 4th day
of lune, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Heekmann moved ad0p-
tion of the Resolution. Seconded by Council
Membec Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Membecs
Deich, Heckmann, Voetberg. Nays--None.
Absent-Council Members Kluesner,
Nicholson, Pnon.
Attest:
Mary A. Davis
City CIerI:
RESOLUTION NO. 229.90
FIXING DATI! OF HEARING ON
PLANS AND SPECIFICATIONS.
Wbeceas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the pmposcd plans, specif-
ications, and form of conlr8Ct and placed
aame on me in the office of the City Oed<
for public inspeclion of the Electrical and
Distribution Pump System Upgrade 10 the
Eagle Point Water Plan~
NOW, TIlEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Council Membec Voetbezg moved ad0p-
tion of the Resolulion. Seconded by Council
Membec Heeltmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Mernbecs Deich, Heckmann, Voetberg.
Nays--None. Ahsent-Council Members
Kluesnec, Nicholson, Pratt
Commonication of City Manager sub-
mitting bidding procedures for the Electrical
and Pumping System Improvements at the
Eagle Paint Water Plan~ presented and read.
Council Membec Heckmann moved that the
conunonication be received and filed.
Seoonded by Council Membec Voetberg.
Carried by the following vote: Yeas-Mayor
Section 1. That on the 16th day of luly,
1990, a public hearing will be beld at 7:30
p.m. in the Public library Auditorium at
which lime interested persons may appear
and be heard for or against the proposed
plans and specifications, form of contmct
and cost of said im¡mvemen~ and the City
clerk be and is hereby directed to canse a
notice of lime and place of such hearing to
334
Regular Session, June 4, 1990
James E. Brady
Mayor
be published in a newspsper having general
circulation in the City of Dubuque, Iowa,
which notice sba11 be not less than four days
nor more than twenty days prior to the day
fixed for its considerstion. At the bearing,
any interested penon may appear and file
objectioos to the proposed plans, specifi-
calions, con1r8C~ or estimated cost of the
improvemen~
Passed, approved and adopted this 4th day
of June, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Heckmann moved adop-
lion of the Resolulion. Seconded by Council
Membec Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays-None.
Absent-Council Members Kluesner,
Nicholson, Pnott
RESOLUTION NO. 230.90
ORDERING BIDS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sectlnn I. That the Electrical and
Distribution Pump System Upgrsdes to the
Eagle Point Water Plant is hereby ordered to
be advertised fΠlids for construction.
Section 2. That the amount of the secusity
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 heretofore
adopted.
SectIon 3. That the City Clerk is hereby
directed to adverlisc for lids for the con-
struetioo of the improvements hecein pr0-
vided, to be published in a newspaper having
general circulation in the City of Dubuque,
Iowa. which notice sba11 not be less than
four days nor more than twenty days prior to
the receipt of said bids at 2:00 p.rn. 00 the
3rd day of July, 1990. Bids shall be opened
and read by the City CIeri< at said lime and
will be submitted to the Council for final
action at 7:30 p.m. on the 16th day of July,
1990.
PBIICd, approved and adopted this 4th day
of June, 1990.
Atteat:
Mary A. Davis
City Clerk
Council Member Heckmann moved adop-
lion of the Resolulion. Seconded by Council
Membec Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, HeckmanII, Voetberg.. Nays-None.
Absent-Council Members Kluesner,
Nicholson, Pnott
Coromonication of City Manager request-
ing a Public Hearing be beld relaling to
tranSfer of property to the Iowa Department
of Transportation, presented and read.
Council Membec Voetberg moved that the
commonication be received and med.
Seconded by Council Membec Heckmann.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Heckmann,
Voetberg. Nays-None. Absent-Council
Members Kluesner, Nicholson, Pnon.
An Ordinance Amending Ordinance No.
30-90 relative to vacation of City Streets,
presented and read. Council Member
Voetberg moved that this be considered the
first reading and that it be sel for Hearing on
June 18, 1990 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
Heckmann. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays-None.
Absent-Council Members Kluesner,
Nicholson, Pnon.
RESOLUTION NO. 231-90
RESOLUTION AMENDING
RESOLUTION NO. 129-90
RELATIVE TO DISPOSAL OF
CITY'S INTEREST IN LOT A AND
LOT B OF DUBUQUE HARBOR
COMPANY'S ADDmON.
Wbeceas, Reso1utioo 129-90 was adopted
by the City Council on April 16, 1990 for
the disposal of Lot A of Block 15 of
Dubuqoe Harbor Coropany's Addition to the
Chicago Central and Pacific Railroad and
Lot B of Block 15 of the Dubuque Harbor
Company's Addilion to the Iowa Department
of Transportalion; and
Wbeceas,hothofth_~mes-
associated with the cons\rUclion of the
relocated Highway 61 project in the City of
Dubuque, Iowa; and
Regular Session, June 4, 1990
Wbereas. in the dUposilion of the pro- Council Member Voetbezg moved adop-
perty the City reserved unto itself a perpetual tioo of the Reso1ulioo. Seconded by Council
-t incloding the right of ingress and Membec Heckmann. Carried by the follow-
egress thereto for the purpose of erecting, ing vote: Yess--Mayor Brady, Council
insta1ling, constructing, reconstructing, Membecs Deich, Heckmann, Voetberg.
repairing, owning, openoIing and maintaining Nays--None. Ahsen>-Council Members
water, sewec, drainage, gas, telephone, ~v. Kluesnec, Nicholson, Pnon.
cable and electric lines as may be authorized
by the City of Dubuque, Iowa; and
Whereas, onder separate agreement with
the Iowa Department of Traruportalion
identified as Iowa D.O. T, Agreement *87-4-
210 executed between the City of Dubuque
and the Iowa Department of Traruportatioo
inccsporates a provision that the City agrees
that no new or future utility occupancy of
the project right-of-way, nor any future
relocation of or alternations to the existing
utililies within such limits, shall be permitted
or undertaken by the City without the prior
written approval of the Jowa Department of
Traruportation; and
Wbereas, thece exists a conflict between
provisions as outlined in the project agree-
ment and the Resolution 129-90.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
SectIon 1, That Seclion 4 of Resolulion
129-90 is hereby repealed.
Section :z. That a new Seelion 4 be
adopted as follows:
The City reserves unto itself a per-
petual easement on Lot A inclnding the
right of ingre.. and egre.. thereto for
the purpose of erecting, installing,
construction, reconstructing, repairing,
owning, operating and maintaining
water, sewer, drainage, gas, telephone,
~v. cable and electric lines as may be
authorized by the City of Dubuque,
Iowa.
SectIon 3. That the City CIeri< be and the
saroe is heceby authorized and directed to
canse a notice of intent to dispose of said
interest from real estate in the manner pre-
scribed by State law.
Passed, approved and adopted this 4th day
of lune, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
335
Commonication of City Manager request-
ing a public hearing on the intent of the City
to grant by Ordinance to the Chicago Central
and Pacific RaiIrood right&-of-way for
operation of its system over certain streets in
the City of Dubuque, presented and read.
Council Membec Heeltmann moved that the
commonicalion be received and filed.
Seoonded hy Council Member Voetberg.
Carried by the following vote: Yeas--Mayor
Brady, Council Mernbecs Deich, Heckmann,
Voetberg. Nays-None. Ahsent-Council
Membecs Kluemer, Nicholson, Pnon.
RESOLUTION NO, 232.90
RESOLUTION APPROVING PLATS
OF RIGHTS-OF-WAY ON IOWA,
lONES, DODGE AND EAST ITH
STREETS.
Whereas, thece has been presented to the
City Council of the City of Dubuque a plats
dated lanuary 23, 1990 and March 19, 1990
prepared by I.D.O. T., describing the right-of-
way on Iowa, lones, Dodge and East 7th
Streets.
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1. That the plats dated lanuary
23, 1990 and March 19, 1990 prepared by
I.D.O,T., re1alive to the right-of-way
hereinabove described be and the saroe is
hereby approved, and that the Mayor and
City Cle<k be and they are hereby authorized
and directed to execute said plats for and on
behalf of the City of Dubuque, Iowa.
Section :z. That the City Clerk be and is
hereby authorized and directed to me said
plats and certified copy of this Resolution in
the Office of the Recorder, in and for
Dubuque County, Iowa.
Passed, appmved and adopted this 4th day
of lune, 1990.
lames E. Brady
Mayor
336
Regular SeSSion, June 4, 1990
Atteat:
Mary A. Davis
City Clerlr:
Council Member Heckmann moved ad0p-
tion of the Resolution. Secoaded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Membecs
Deich, Heckmann, Voetberg. Nays-None.
Absent-Council Membecs Kluesner,
Nicholson, Pnott
An Ordinance granting to the Chicago
Centtal and Pacific Railroad Company a
Right-of-Way over and along certain s-ts
in the City of Dubuque, presented and read.
Council Member Heckmann moved that this
be considered the first reading of the
Ordinance and that it be set for Public
Hearing on June 18, 1990 at 7:30 p.rn. in the
Public Lilnry Auditorium and that the City
Clerk publish notice in the manner pre-
scribed by law. Seconded by Council
Membec Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays-None.
Absent-Council Members Kluesner,
Nicholson, Pnott
KFSOLUTION NO. 233.90
RESOLUTION OF NOTICE OF
IN1l!NT TO GRANT RlGIIT-OF-
WAY IN CITY PROPERTY AND
SETIING A PUBLIC HEARING
THEREON.
Wbeceas, I.D.O.T. has requested that
rights-of-way be granted to the C.C.P.R.R. to
place its backs over Iowa Street from the
S.P.L. of lst S-t to the S.P.L of Dndge
S_t and 00 Jones and Dodge S_t from
E.P.L. of Iowa Street to the E.P.L. of Block
5 & Block 9 of Dubuque Harbor Company
Addilion and at the southwest comer of East
7th S-tat W.P.L. of Washington S_tin
the City of Dubuque, Dubuque County,
Iowa; and
Wbeceas, the I.D.O.T. has prepared and
submitted plats showing the rights-of-way in
Iowa. lones, Dndge and East 7th Streets all
in the City of Dubuque; and
Wbereas, the City Council of the City of
Dubuque, Iowa has determined that granting
of said rights-of-way is in the best interest of
the City and the granling of said rights-of-
way should be approved.
NOW, THEREFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
... .., ,~
Sedlon 1, That the City of Dubuque
intends to grant said rights-of-way for
railroad purposes by ordination of a special
ordinance.
Section 2. That a public hearing on the
granting of said rights-of-way is hereby set
for the 18th day of June at 7:30 p.m. in the
Public Library Auditorium.
Section 3. That the City Clerk be and is
hereby authorized and directed to publish a
nolice of intent to dispose of an interest in
City property in the manner prescribed by
law.
Passed, approved and adopted this 4th day
of June, 1990.
lames E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Heckmann moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brsdy, Council Members
Deich, Heckmann, Voetberg. Nays-None.
Absent-Council Members Kluesner,
Nicholson, Pratt
Commonication of City Manager recom-
mending the City Council adopt a resolution
expressing its intent to amend the Lease
Agreement with the Dubuque Racing AsSO(}-
ialion, dated February 28, 1990, and selling
it down for a public beasiog, presented and
read. Council Member Voetberg moved that
the communicalion be received and med.
Seoonded by Council Membec Heckmann.
Carried hy the following vote: Yeas-Mayor
Brady, Council Membecs Deich, Heckmann,
Voetberg. Nays-None. Absent-Council
Membecs Kluesner, Nicholson, Pnon.
KFSOLUTION NO. 234.90
RESOLUTION DECLARING THE
IN1l!NT OF THE CITY COUNCIL
TO AMEND THE LEASE
AGREEMENT BETWEEN THE CITY
OF DUBUQUE AND THE
DUBUQUE RACING
ASSOCIATION, LID., DATED
FEBRUARY 28, 1990.
Wbeceas, the City of Dubuque and the
Dubuque Racing Association, Lid. entered
into a lease agreement dated February 28,
1990, for the lease of City property for the
Dubuque Greyhound Park and for parking
and dock focilities in the Ice Harbor for
riverboat gambling; and
RlI ular Session, June 4, 1990
337
Whereas, siooe esecution of the lease
agreement oectain increasea in the rroject
costs have OCCuned in onIer to assure
construction of the parlIing and dock faci-
lilies in the Jce Harbor for riverbust
gambling; and
Whereas, Section 29 of the leaae agree-
ment mDSt be amended to increase the
amount the City agrees to borrow from
$3,400,000 to $4,000,000 and the time
within which it mnst be borrowed from the
first day of lune, 1990 to the siateenth day
of luly, 1990.
NOW, THEREFoRE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sedlon 1. That the City Council hereby
dec1ares its intent to amend the lease agree-
ment between the City of Dubuque and the
Dubuque Racing Association, Ltd., dated
February 28, 1990, as set forth in the
attacbed First Addendum to Lease Agree-
men~
Sedlon 2. That a puhlic hearing on the
proposed First Addendum to Lease Agree-
mentissetforthe 18thdayoflune, 1990,&1
7:30 p.m. at the Carnegie Stout Public lib-
rary Andilorium, 11th and Bluff Streets.
Section 3. That the City Clerk is hereby
authorized and directed to publish notice of
the proposed First Addendum to Lease
Agreement and public hearing in the manner
prescribed by law.
Pasaed, approved and adopted this 4th day
of lune, 1990.
lames E. Btady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Voetberg moved ad0p-
tion of the Resolution and set the matter for
Public Hearing on lune 18, 1990 at 7:30
p.m. in the Public Library and that the City
Cleek publish notice in the manner pre-
scribed by law. Seconded by Council
Member HecIanano. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Voctberg. Nays-None. Ahsent-CounciJ
Members Kluesner, Nicholano, Pran.
Bruce Clark, on behalf of United to Save
the Postal Secvice, submitting theirresoiution
and requesting Council to endorse said
resolution by going on record opposing the
changes in overnight mail service, presented
and read. Council Member Voetberg moved
that the commoniearion be received and
med. Seconded by Conncil Member
Heckmann. Carried by the following vote:
Yess--Mayor Brady, Council Members
Deich, Heckmann, Voetbetg. Nays--None.
Absent-Council Members Kluesner,
Nicholson, Pran.
~LUTION NO. 235-90
OPPOSING CHANGES IN
OVERNIGIIT MAIL SERVICE.
Whereas, Postal proposals to change over-
night delivery standan!s would result in
reduced service to Dubuque residents and
businesses; and
Whereas, plans would also include taking
all outgoing mail from Dubuque to Cedar
Rapids with no local postmark and further
delays of mail; and
Whereas, this plan could result in a
shifting from Dubuque of upwards of 30
jobs further depressing the job market here;
and
Whereas, reduced mail service will
hamper Dubuque's economic recovery and
development plans hy further discouraging
busineases from locating in Duhoque; and
Whereas, area mail processing implemen-
tatioo as poposed is not in the best interest
of the City.
NOW, TIlERER)RE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Dubuque City Council
goes on record opposing the changes in
ov_ght mail service. And further, that the
City Council will actively oppose moving all
mail processing from Dubuque to Cedar
Rapids.
Section 2. That a copy of this Resolution
will be sent to all state and federal represen-
tatives to enlist their help in keeping this
service and work in Dubuque. And f1Utber
that a copy be sent to the Postmaater
General, Division Postmaster and the Postal
Board of Governors.
Passed, approved and adopted this 4th day
of lone, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
CityClerlr:
---
338
Re.!l.ular Session, June 4, 1990
Council Membec Voetberg moved adop-
tion of the Resolulion and further directed
that a letter be sent to the U.S. Repre-
scntalives and Senators on this matter asldng
to look into the management in the U.S.
Postal Departtnon~ Seconded by Council
Mernbec Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Voetberg. Nays-None. Absent-Council
Members Klueaoer, Nicholson, Pran.
Commonication of Planning /I; Zoning
Conunission advising of their denial to
rewne preperty located east of Northwest
Arterial and south of Pennsylvania Avenue,
presented and read. Council Membec
Heckmann moved that the commonication be
received and med and that they concur with
the denial. Seconded by Council Member
Voetherg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Voetberg. Nays-Council Member
Heckmann. Ahsent-Council Members
Kluesner, Nicholson, Pnott
RFSOLUTION NO. 136-90
BE IT RESOLVED BY TIlE CITY
COUNCIL OF TIlE CITY OF DUBUQUE,
IOWA,
That the following having complied with
the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
be granted a permit to sell Cigarenes and
Cigarette Papers within said City.
Busy Bee Cafe, George Arvanitis,
1958 Central Ave.
Chateau Supper Club, Kim Reed,
3750 Central Ave.
Cremer Grocery, Cremer Grocery, Inc.,
731 Rbomberg Ave.
Dr. B's Billiard Parlor, Elho, Inc.,
2095 Kerper Blvd.
Econofonds * 471, Nash-Finch Company,
3355 I.F.K. Circle
Fenelon Marke~ Allen C. Tressel,
2528 Central Avenœ
Harlig Drug Company, 7th at Town Clock
Plaza
Harlig Drug Company, 157 Locnst S~
Hartig Drug Company, 2255 I. F. K.
Harrig Drug Company, 2225 Central Ave.
...'"
Hy-Vee Food Stores, 3500 Dodge Street
K-Man, 2600 Dodge Street
Meyer Taveco, Catherine M. Meyer,
530 E. 22nd Street
Neighbor's Tap, lerry Lee lames, 1899
Rockdale Rued
Old Shang, Nelda L. Bennett,
1091 Main Street
Riverside Bow\, 1860 Hawthorne S~
Vango Amoco, Richard Van Gorden,
205 LocDSt Street
Walnut Tap, Craig 1. Weiner,
709 University Ave.
Passed, approved and adopted this 4th day
of lune 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoplion
of the Resolution. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Membecs Deich, Heckmann, Voetberg.
Nays-None. Ahsent-Council Members
Kluesnec, Nicholson, Pratt
RESOLUTION NO. 237-90
WbeceBB, ApplicatiODS for Beer Pennits
have been submitted and med to this Council
for approval and the same have been exa-
mined and approved; and
WbeceBB, The premilCl to be occupied by
such applicants were inspected and found to
comply with the OnIinances of this City and
have filed proper bonds;
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Permi~
CLASS "B" BEER PERMIT
Catherine M. Meyer, Meyer Tavern,
530 E. 22nd S~
Dubuqœ laycees, 1860 Hawthorne Street
Regular Session, June 4, 1990
CLASS "C" BEER PERMIT
Drag Fair, Ine., Reliable Drug *3016,
3049 Asbuty.
Cremer Grocery Co., 732 Rhornberg
Passed, approved and adopted this 4th day
of lune 1990.
lames E. Brady
Mayor
Attest
Mary A. Davis
City Clerk
Mernbec Deich moved adoption of the
RelOlntion. Seconded by Council Member
Heckmann. Carried by the following vote:
Yess--Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays--None.
Absent-Council Members Kluesner,
Nicholson, Pratt
RFSoLUTION NO. 238-90
Whereas, applications for Liquor licenses
have been submitted to this Council for
approval and the same have been examiued
and approved; and
Whereas, the premilCl 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
med proper honds;
NOW, T1IEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA;
That the Manager be authorized to canso
to be issued the following named applicants
a liquor Lioense.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Kim Reed, The Chateau,
3750 Central Ave.
lames E. Bauer,limmy B's,
431 Rhomberg Ave.
Passed, approved and adopted this 4th day
of lune 1990.
lames E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
~-
339
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Mernbec Heckmann. Carried hy the follow-
ing vote: Yess--Mayor Brady, Council
Membecs Deich, Heckmann, Voetberg.
Nays--None. Ahsen>-Council Members
Kluesnec, Nicholson, Pran.
MlNU1ES SUBMITfED - AiJport Com-
miasion of5-8 /I; 5-16; Cable 1V Regulatory
Commission of 5-16; Civil Service
Conunission of 3-16 /I; 4-5; Five Flags
Conmission of 5-21, presented and read.
Council Membec Deich moved that the
minutes be received and mod. Seconded by
Council Membec Heckmann. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Voetbezg.
Nays--None. Ahsen~ncil Members
Kluesner, Nicholson, Pran.
NOTICES OF CLAlMS/SUITS - Marlin
Heim in estimated amount of $427.00 for car
damages; Chad Oberbroeckliog in estimated
amount of $262.91 for vehicle damages;
lobo Sehulz in unknown total amount for
personal injuries, presented and read. Council
Mernbec Voetberg moved that the claims and
suits be refecred to Legal Staff for invest-
igation and ~ Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Membecs Deich, Heckmann, Voetberg.
Nays--None. Ahsent-Council Members
Kluesnec, Nicholson, ~
Commonication of Sara Anne Daines 10-
questing pecmission to participate in the
City's Rental RehabiIitation Program and
disclosing the fact that sbe is an employee of
the City, presented and read. Council
Membec Voetberg moved that the commun-
ication be received and filed and med and
approved participation. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Membecs Deich, Heckmann, Voetberg.
Nays--None. Ahsent-Council Members
Kluesnec, Nicholson, ~
Commonication of Corporation Counsel
recommending settlement of windshield
damage claim of lay Slreinz in the amount
of $310.21, _ted and read. Council
Membec Voetberg moved that the COII1fJlun-
ication be received and mod; settlement
approved and Finance Director to issue
proper check. Seconded by Conncil Member
Heckmann. Carried by the following vote:
Yeas-Mayor Brady, Cooncil Members
Deich, Heckmann, Voetberg. Nays--None.
Absent-Council Members Kluesner,
Nicholson, Pran.
-~
340
Regular session, June 4, 1990
ASSISTANT FIRE
CIUEF (DIVISION)
lames C. Miller
Gerald Udelhofen
Respectfully submined,
Getald I. Koppes
Pat Dillon
Robert M. Millec
Civil Service Commission
Council Membec Voetberg moved that
the communication be reoeived and med and
made a matter of reccsd. Seconded by Coun-
cil Member Heckmann. Carlied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Voetberg.
Nays--None. Aboen~uncil Members
Kluesnec, Nicholson, Pratt
Commonication of Ian Hess, Admini-
strative Assistant for Dubuque County,
requesting snspension of taxes for a City
residen~ presented and read. Council
Membec Voetberg moved that the communi-
calion be reoeived and med and approved
suspension. Seconded by Council Member
Heckmann. Carlied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays-None.
Absent-Council Members Kluesner,
Nicholson, Pnon.
Proof of Pubücalion on Nolice of intent
to me a request for release of C.D. Funds for
Hell Brick, Inc., Cornmonity Development
Block Grant Pmject and DowntoWn Hotel-
M108 Loan Guarantee Projec~ presented and
read. Council Member Voetberg moved that
the proof of publication be received and
med. Seconded by Council Membec
Heckmann. Carlied hy the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays-Nooe.
Absent-Council Members Kluesner,
Nicholson, Pnott
Cornmonications of Corporation Counsel
recommending building damage claim of
Behr Funeral Horne and truck damage claim I
of Iowa GlBII Company be administratively
closed, presented and read. Council Member
Voetberg moved that the commonication be
reoeived and filed and approved recom-
mendation. Seconded by Council Member
Heckmann. Carlied hy the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Voetberg. Nays-None.
Absent-Council Members Kluesner,
Nicholson, Pnon.
May 24, 1990
Honorshle Mayor and
Members of the City Council
In accordance with Chap"" 400 of the
1989 Cnde of Iowa. as amended, the Civil
Service CommiSlion conducted Pmmotional
Examinations on April 24 and April 26,
1990 for members of the Fire Departmen~
We hereby cerlify that the following
members of the Dubuque Fire Department
have successfolly passed the written
promolional examinalions and all promolions
within the Fire Deportment should be made
from the following lists.
FIRE EQUIPMENT FIRE CAPTAIN
OPERATOR (EMS)
Thomas I. Ready Richard W.lones
Daniel Gansen lohn A. Hutchcroft
Robert Laubscbec, lr. Michael W. Burds
Robert Baker lames Imbof
Ron Swartz
FIRE CAPTAIN!
INSPECTOR
Rick Steines
Michael W. Burds
Rudolph A. Vera
FIRE CAPTAIN
Mike Weidemann
lohn A. Hutchcroft
Kenneth I. Link
Dan Brown
Roger A. Voss
Daniel Sullivan
lames A. Potter
lames Imboff
Kenneth Voss
Patrick Kutsch
ASSISTANT FIRE
CHIEF ITRG)
Rick Steines
lames A. Potter
lames C. Miller
Michael Burds
lohn A. Hutchcroft
Mike Weidemann
lames Imbof
Dan Brown
Daniel Sullivan
Kenneth I. Link
FIRE LIEUTENANT
Rick Steines
loseph A. Blndgett
Scott I. Neyens
Michael W. Burds
Michael G. Knowles
Rick Bankson
Richard W.lones
Robert Laubscber, Ir.
Thomas I. Ready
Terry Stewart
.<In
Petilion of Attorney Allan Carew on
behalf of Dr. Roger F. Klauer requesting to
vacate property located adjacent to Kebbie
Drive, presented and read. Council Member
Voetbezg moved that the pelilion be referred
to the City Manager and staff. Seconded hy
Council Membec Heckmann. Carlied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann. Voetberg.
Nays-None. Ahsen~uncil Members
Kluesner, Nicholson, Pnon.
Commonication of David W. Leiflœr
submitting comments regarding traffic
signals at Highway 20 and the Northwest
Arterial. preaented and read. Council
Membec Voetberg moved that the
Rllgular Session, June 4,1990
341
communicalion be received and filed.
Seconded by Council Membec Heckmann.
Carried by the following vote: Yeas--Mayor
Bmdy, Council Members Deich, Heckmann,
Voetberg. Nays-None. Abaent-CounciJ
Mernbecs Kluesner, Nicholson, Pnon.
REFUNDS REQUESlED - American
Marine of Iowa, Inn. $633.75 on unexpired
Liquo< Lice- presented and read. Council
Mernbec Voetberg moved that the refund be
approved and Hnance Direclor to issue
proper check. Seconded by Council Member
Heckmann. Carried by the following vote:
Yeas-Mayor Brady, Cooncil Members
Deich, Heckmann, Voetberg. Nays-None.
Absent-Conncil Members Kluesner,
Nicholson, Pratt.
Cornmonication of City Managerrecoro-
mending execution of Funding Agreement
between the City and Washing1on Neighbor-
hood Tool Library for Fiscal Year 1991,
presented and read. Council Member
Voetberg moved that the commonication be
reoeived and med. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yess--Mayor Brady, Council
Membecs Deich, Heckmann, Voetberg.
Nays--None, Ahsent-Council Members
Klues_, Nicholson, Pratt.
RESOLUTION NO. 239-90
Whereas, the City of Duhuque, Iowa,
has negotiated with the Washington
Neighborhoed Tool Library, Inc., 10 provide
previously supplied services f<r the
expreased porpose of aiding the City of
Dubuque in the prevision of services to aid
10w/moderate income persons achieve self-
sufficiency; and
Whereas, the terms and conditions under
which Washington Neighborhood Tool
Lilnry, Inn., will be funded for previding
the services are set forth in a Funding
Agreemen~ a copy of which Agreement is
hereto attached and by this reference made a
part therefore; and
Whereas, the activities as delineated in
the Funding Agreement comply with the pi-
Mary ol!jeclives of the Houaing and Com-
mnnity Development Act of 1974 as
amended [570.200(3)], and comply with one
or more of the "National Ol!jectives"
[570.208(a)].
NOW, THEREFORE, BE IT
RESOLVED BY TIlE CITY COUNcn. OF
TIlE CITY OF DUBUQUE, IOWA:
SectIon L That the attached Funding
Agreement by and berween the City of
Dubuque, Iowa, and the Washing1on
Neighborhood Tool Library, Inc., be and the
aame is hereby approved.
SectI... 2. That the City Manager be
and he is hereby authorized and directed to
execute said Ageeernent for and on behalf of
the City of Dubuque, IOWL
Passed, approved and adopted this 4th
day of lune, 1990.
Attest:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
Council Member Voetberg moved adop-
lion of the ReaoIulion. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Voetberg.
Nays--None. Abaent-Council Members
Kluesnec, Nicholson, Pratt.
Cornmonication of City Managerrecom-
mending approval of Funding Agreement
between the City and Dubuque Main Strœ~
Lid. f<r Fiscal Year 1991, presented and
read. Council Member Voetberg moved that
the COmmunication be received and filed.
Seoonded by Council Membec Heckmann.
Carried by the following vote: Yess--Mayor
Brady, Council Mernbecs Deich, Heckmann,
Voetberg. Nays-None. Ahsent-Council
Mernbecs Klueaoer, Nicholson, Pratt.
RFSOLUTION NO. 240-90
A RESOLUTION APPROVING A
FUNDING AGREEMENT
BETWEEN TIlE CITY OF
DUBUQUE AND DUBUQUE
MAIN STREET, LTD., AND
AUTHORIZING AND
DIRECTING THE CITY
MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF
TIlE CITY OF DUBUQUE,
IOWA.
Whereas, the City of Dubuqne has
negotiated with Dubuque Main Street, LId. to
provide and implement a Downtown Revita-
lization I'rognun; and
Wbereas, the terms and conditions under
which Duhuque Main S1reet, Lid. will be
funded for providing sueh services are set
forth in a Funding Agreemen~ a copy of
which is bereto attached and by this refer-
ence made a part thereof; and
~-------
342
Regular Session, June 4, 1990
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNeR. OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the attached Funding
Agreement by and between the City of
Dubuque, Iowa, and Dubuque Main Stree~
Lid. be and the same is heceby approved.
Section 2, That the City Manager be
and he is hereby authosized and directed to
execute said Agreement for and on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this 4th
day of June, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voctberg moved adop-
tion of the Resolution. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich. Heckmann, Voctberg.
Nays-None. Ahsent-Council Members
Kluesner, Nicholson, Pratt
Commonication of City Manager tecom-
mending acceptance of the painting of the
ceiling of the Ballroom Walls of the Five
Flag Civic Center, presented and read.
Council Member Voctberg moved that the
commonication be received and filed.
Seconded by Council Membec Heekmann.
Catried hy the following vote: Yeas-Mayor
Brady, Council Members Deich, Heckmann,
Voctberg. Nays-None. Absent-Council
Members Kluesner, Nicholson, Pnon.
RESOLUTION NO, 241-90
ACCEPTING IMPROVEMENT44
Wbereas, the contraCt for the Painling of
the Ceiling of the Ballmom Walls of the
Five Flag Civic Center has been completed
and the City Manager has examined the
work and med his certificate stating that the
same has been completed according to the
termS of the contract, plans and specifi-
cations and recommends it acceptance.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCn. OF
THE CITY OF DUBUQUE, IOWA:
Section 1, That the recommendalion of
the City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Tn:asurer be and he is hereby directed
to pay to the contractor from the Sales Tax
Fund in amount equal to the amount of his
contnlC~ Ie.. any retained percentage pr0-
vided for therein.
Passed, approved and adopted this 4th
day of lune, 1990.
James E. Brady
Mayor
AtteSt:
Mary A. Davis
City Clerk
Council Membec Voetberg moved adop-
tion of the Resolulion. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Membecs Deich. Heckmann, Voctberg.
Nays-None. Absent--Council Members
Kluesner, Nicholson, Pran.
RESOLUTION NO, 242-90
FINAL ESTIMATE.
Whon:as, the conb'act for the Painting of
the Ceiling of the Ballroom Walls of the
Five Flag Civic Center has been completed
and the City Engin- has submitted his final
eslimate showing the cost thereof including
the cost of eslimates, notices and inspection
and all miscellaneous costs;
NOW, THEREFORE, BE IT
RESOLVED BY THE ClTY CODNeR. OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$48,899.00 and the said amount shall be paid
from the Sales Tax Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 4th
day of lune, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City C1erk
Council Member Voctberg moved adop-
tion of the Resolulion. Seconded by Council
Membec Heckmann. Catried by the follow-
ing vote: Yeas-Mayor Brady, Council
Membecs Deich, Heckmann, Voctberg.
Nays---None. Absent-Council Members
Klues-, Nicholson, Pnott
Commonication of City Manager re-
questing amendment to the State contnlCt for
food service establishment, food
Regular Session, June 4,1990
establishmen~ hotel and vending machine
sanitation inspections, _ted and read.
Council Member Voctberg moved that the
commonication be received and filed.
Seoonded by Council Mem"" Heckmann.
Carried by the following vote: Yeas-Mayor
Brady. Council Members Deich, Heckmann,
Voetberg. Nays-None. Absent-Council
Members KJueaoer, Nichobon, Pran.
RESOLUTION No. 243-90
ADOP110N OF MEMORANDUM
OF UNDERSTANDING ON
FOOD CON'fRAcrs.
A resolution çpoving an amendment to
the agreement between the City of Dubuque
and the Iowa Department of Inspections and
Appeals for enfO<Cement of the fond service
establisbment and foed establishment sani-
tation, hotel inspection and vending machine
laws of the State of Iowa.
Whereas, the City of Dubuque and the
Jowa Department of Agriculture entered into
an agreement in lanuary, 1979 wheceby the
City was authosized to enforce the Jowa
Foed Service Sanitation Code, the Jowa
Hotel Sanitation Code and the Iowa Foed
and Beverage Machine Laws; and
Whereas, said agreement has been
amended for renewal each year and. most
recently, every two years; and
Whereas, the agreement has been
amended for the inspeclion of foed estab-
lishments in luly of 1989; and
Whereas, the Jowa State Department of
Jnspections and Appeals has submitted a new
Memorandum of Understanding for the
enforcement of said laws; and
Whereas, the City of Dubuque, Iowa
wiahes to enter into said Memorandum of
Understanding with the Jowa Department of
InspecliOOl and Appeals.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCn. OF
THE CITY OF DUBUQUE. IOWA:
SectIon 1. That the City of Pubuque.
Iowa, hereby approves the attached Amend-
ment to the Foed Service and Foed Estab-
lishment Sanitation, Hotel Inspections, and
Vending Machine Laws Memorandum of
Understanding, which Amendment extends
the term of agreement unlilluly I, 1992.
Sectloo 1. That the Mayor of the City of
Dubuque is hereby authosized and directed
343
to execute said Memorandum on behalf of
the City of Dubuque.
Passed, approved and adopted this 4th
day of lune, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voctberg moved ad0p-
tion of the Resolulion. Seconded by Council
Mem"" Heckmann. Carried by the follow-
ing vote: Yess--Mayor Brady, Council
Membecs Deich, Heckmann, Voetberg.
Nays--None. Aboenl-Council Members
Kluesnec, Nicholson, Pran.
Commonication of Feden1 Emergency
Management Agency advising of the
approval of the ßoed plain management
Ordinance No. 31-90, presented and read.
Council Member Voctberg moved that the
commonication be received and med.
Seoonded by Council Mem"" Heckmann.
Carlied by the following vote: Yeas-Mayor
Brady, Council Membecs Deich, Heckmann,
Voetberg. Nays-None. Absent---counc;¡
Members Klueaoer, Nicholson, Pran.
Thece being no further business, Council
Member Deich moved to adjourn. Seconded
by Council Member Heckmann. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Voetberg. Nays-None. Ahsent----<:ouncil
Members Kluesner, Nicholson, Pnon.
Meeting adjourned - 9:25 p.m.
Mary A. Davis
City Clerk
Approved ~ I 1991.
Adopted~I99I.
Atteat: . /J.
~ )t~
CIty Clerk
Regular Session, June 18,1990
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, lune 18, 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
Prescot: MayOI' Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg, City
Manasec W. Kenneth Gearhart, Cor¡>oralion
Counsel Barry A. Lindahl.
Ahsent: Council Membecs Heckmann,
Pratt.
Mayor Brady read the cali and stated this
is the Regular Monthly Meeling of the City
Council calied for the purpose to act upon
such business which may properly corne
before the Council.
The Invocation was given by Rev. David
Pacbollœ, Chaplain of the Finley Hospital.
Council Member Deich moved to suspend
the rules to allow anyone present to addre..
the Council. Seconded by Council Member
Voetberg. Carried by !be following vote:
Ye.ss--Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Absent-Council Members
Heckmann, Prsn.
Proof of Publicalion, cerlified to by the
publishec, on Notice of Hearing on Plans and
Specifications for the 1990 Asphalt Paving
Projec~ Proof of Puhlication, cerlified to by
the Publisher, on Notice to Property Owners
on Hearing on Resolution of Necessity for
projec~ Communicalion of Firestone Tire
Center ohjecting to projec~ Cornmonication
of Gerald Pleim1ing objecting to impmve-
ments being made on Hillcrest Rd.; Com-
monicalion of Louis Pfciler not objecting to
projec~ however, requesting relief from
heavy vehicle traffic in front of property at
679 Bluff S~, presented and read. Council
Member Kluesner moved that the proofs of
publication and the commonications be
received and med. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
345
Nays--None. Absent-Council Members
Heckmann, Pratt.
RFSOLUTION NO. 244.90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS.
Whereas, on the 16th day of May, 1990,
plans, specifications, form of contract and
estimated cost were med with the City Qerk
of Dubuque, Iowa for the 1990 Asphalt Pav-
ing Projec~
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 TIlE CITY COUNcn.. OF TIlE CITY
OF DUBUQUE, IOWA:
That the auid plans, specificatioDS, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and eslimated cost for said
impovements for said projec~
Passed, approved and adopted this 18th
day of lune, 1990.
Attest:
Mary A Davis
City Qerk
lames E. Brady
Mayor
Council Member Klueaoer moved adop-
tion of the Resolution. Seoonded by Council
Membec Voetberg. Carried by the following
Vote: Yeas-Mayor Brady, Council Membecs
Deich, Kluesner, Nicholson, Voetberg.
Nays--None. Ahsent- Cooncil Members
Heckmann, Prsn.
RESOLUTION NO. 245.90
RESOLUTION WITII RESPECT TO
TIlE ADOPTION OF TIlE RESOLU-
TION OF NECESSITY PROPOSED
FOR TIlE 1990 ASPHALT PAVING
PROJECT.
Whereas, the City Council has proposed
a Resolution of Necessity for the 1990
Asphalt Paving Prej~ has given notioe of
the public hearing thereon as required hy
laW; and
Whereas, the public hearing has been
held, all persons offering objections have
been heard and consideration given to all
ohjections and is pending before this Coon-
cil;and
346
Regular Session, June 18, 1990
Wbeceas, this is the lime and place set as
provided for the taking of action on the
proposed Resolution of Necessity.
NOW, TIlEREroRE. BE IT RESOLVED
BY TIlE CITY COUNcll.. OF TIlE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
That the proposed Resolution of Necessity
described above is hereby:
Deferred for later consideration to a City
Council meeting to be held on the 25th
day of lune, 1990, next at 4:00 p.m. in
the Public Library Auditorium, with
jurisdiclion retained for further con-
siderstion and aclion at the adjourned
meeting.
Passed, approved and adopted this 18th
day of June, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolulion. Seconded by Council
Membec Voetberg. Carried by the following
vote: Yeas-Mayor Brady. Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Abscnt--Council Members
Heckmann, Prstt
A Resolution Ordering Bids for project
and directing Clerk to publish notice,
presented and read. Council Member
Kluesner moved that this be deferred to the
meeting of June 25, 1990. Seconded by I
Council Membec Voetbezg. Carried by the
following vote: Yeas--Mayor Brady, Coun-
cil Members Deicb, Kluesner, Nicholson,
Voetberg. Nays-None, Absent-Council
Membecs Heckmann, Pran.
Council Member Voetbetg moved to close
the public hearing and refer the matter to
June 25, 1990 Council Meeting. Seconded
by Council Membec Kluesner. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Kluesner, Nicholson,
Voetberg. Nays-None. Ahsent-Council
Membecs Heckmann, Pnott
Proof of Publication, cerlified to by the
Publisher, on Notice of Hearing on Plans and
Specificalions for Cleaning, Repairing, and
Painting of the 1.4 MMG Park Hill Water
Storage Tank. presented and read. There
were no written ol!jeelions received and no
oral ol!jectors present at the lime of the
Hearing. Council Member Voetberg moved
that the commonicalion be received and
med. Seconded by Council Memher
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Abscnt-Council Members
Heckmann, Prstt
RFSOLUTION NO. 24/í-90
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS"
WbeceBB, on the 2nd day of May, 1990,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuqoe, Iowa. for the Cleaning, Repsir
and Painling 1.4 MMG Ground Stonge
Reservoir Park Hill Tank.
WbeceBB, notice of hearing OIl plans,
specificalions, form of conttact and estimated
cost was published as required by law.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCil. OF TIlE CITY
OFDUBUQUE,IOWA:
Section L That the said plans, specifi-
catinns, form of conttact and eslimated cost
are hereby appmved as the plan.. specifi-
cations, form of conttact and eslimated cost
for said improvements for said project
Passed, approved and adopted this 18th
day of lune, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Membec Voetbecg moved adop-
tion of the Resolution. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetbecg.
Nays--None. Abscnt-Council Members
Heckmann, Pr~
Proof of Publicalion, cerlified to by the
Publishec, on Notice to Bidders for the
receipt of bids for the Projec~ Commun-
icalion or City Manager recommending to
award conttact for the projec~ presented and
read. Council Membec Voctberg moved that
the proof and communication be received
and med. Seoonded by Council Member
Kluesnec. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Absent-Council Members
Heckmann, Prstt
RESOLUTION No. 247-90
Regular Session, June 18, 1990
347
AWARDING CON1RACf
Wbeeeas, scaled propooala have been
submitted by contractors fer the Cleaning,
Repsir and Painting 1.4 MMG Ground
St<nge Reservoir Park Hill Tank pursuant to
Resolution No. 192-90 and notice to bidders
puhliahed in a newspaper in the City of
Dubuque, Iowa, on the 25th day of May,
1990,
Wbeeeas, said scaled proposals were
opened and read on the 6th day of lune,
1990, and it has been determined that the hid
of Heardand Steel Painting Co. of
Carbondale, Dlinois, in the amount of
$121,800 was the lowest bid for the fur-
nishings of all labor and materials and
performing the work as provided for in the
plans and specifications.
NOW, T1IEREFORE, BE IT RESOLVED
BY TIlE CITY COUNcll.. OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1, That the contract for the above
improvement be awarded to IIear1iand Steel
Painting Co. and the City Manager be and is
hereby directed to esecute a contract on
behalf of the City of Dubuque for the c0m-
plete performance of the work.
SectIon 2. That upon the signing of said
contract and the approval of the contractor's
hood, the City Treasurer is authorized and
instructed to return the bid deposits of the
unsucceasfu! hidders.
Passed, approved and adopted this 18th
dayoflune, 1990.
Atteat:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
Council Member Voetberg moved adop-
lion of the Resolulion. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council Membecs
Deich, Kluesner, Nicholson, Voctberg.
Nays--None. Ahsen<--{;ouncil Members
Heckmann, Pratt.
Proof of Publicalion, certified to by the
Publisher, on Notice of Hearing to consider
an Ordinanoe amending Ordinanoe No. 30-90
relating to vacating of City Slreets, presented
and read. There were no nbjeclions received
and no oral ol!jeetors present at the time of
the Hearing. Council Member Voctberg
moved that the proof of publication be
received and med. Seconded hy Council
Member Kluesner. Carried by the following
vote: Yeas-MaY"< Brady, Cooncil Membecs
Deich, Kluesnec, Nicholson, Voctberg.
Nays--None. Abscn<--{;ouncil Members
Heckmann, Pratt.
An Ordinanoe Amending Ordinance No.
30-90 relative to vacation of porIioDS of
Iowa SIree~ Camp SIree~ Water S1reet and
a contiguoDS alley, (III reading only given at
meeling of 6-4-90), presented for further
action. Council Member Voetberg moved
that this be considered the second reading of
the Ordinance. Seconded by Council
Member Kluesner. Carlied by the following
vote: Yeas-MaY"< Brady, Council Membecs
Deich, Kluesnec, Nicholson, Voctberg.
Nays-None. Ahsen<--{;ouncil Members
Heckmann, Pratt.
Council Member Voetberg moved to defer
the following to the Council Meeting of luly
2. 1990 a Resolution Approving the disposal
of City's interest in Lot A and Lot B of
Dubuque Harbor Company's Addition.
Seoonded by Council Member Kluesner.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Voctberg. Nays-None.
Ahsent-Council Membecs Heckmann, Pratt
Council Member Voetberg moved that the
Public Hearing be closed. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voctberg. Nays-None.
Ahsent-Council Membecs Heckmann, Pratt
Proof of Publicalion, cerlified to by the
Publisher, on Notice of Hearing to consider
an Ordinance granting to the Chicago Central
and Pacific Railroad Coropany a right-<>f-way
over Iowa, lones, Dedge and East 7th
Slreels, ¡nsented and read. There were no
written objections received and no oral
ol!jectors present at the lime of the Hearing.
Council Member Kluesner moved that the
proof of publication be received and med.
Seconded by Council Member Voctberg.
Carried hy the following vote: Yeas-Mayor
Brady, Cooncil Members Deich, Kluesner,
Nicholson, Voctberg. Nays-None.
Absent-Council Members Heckmann, Pratt
An Ordinance granting to the Chicago
Central and Pacific Railmad Company.
Right-of-way over and along certain slreels
in the City. (III reading only given at
meeting of 6-4-90), presented and read.
Council Member Kluesner moved that this
be considered the ICCODd reading of the
Ordinance. Seconded by Council Member
Regular session, June 18, 1990
Lot Two (2) of Lot Thirteen (13) of
the Subdivision of Lots 129, 131A,
131 and 135A in L.H. Langworthy's
Addition, in the City of Dubuque,
Dubuque Coonty, Iowa (generally
known and aslClsed as Wieland's
Subdivision) accotding to the recorded
plat theceof.
Wbereas, such property is to be sold to
Oliver Kringle and lames Kringle for the
consideration of $22,000 and rehabi1italion
of such property in accordance with the City
standards; and
Wbereas, the City Council of the City of
Dubuque, Iowa, has overru1ed any and all
ol!jeclions, oral and written, to the ¡roposal
to dispose of the intereSt of the City of
Dubuque, Iowa, in the herein and above-
named real estate to the above-named
grantee.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section L That the disposal of the interest
of the City of Dubuque in the herein above-
described property to Oliver Kringle and
lames Kringle is hereby approved.
Section 2. That the Mayor be and he is
hereby authorized and directed to execute a
Land ContraCt, and that the City Clerk be
and she is hereby directed and authorized to
deliver such Contrac~ conveying the ahove
described real estate to the ahove-named
grantee.
Passed, approved and adopted this 18th
day of June, 1990.
lames E. Brady
Mayor
348
Voetberg. Curled by the following vote:
Yeas-Mayor Brady, Cooncil Members
Deich, Kluesnec, Nicholson. Voetbezg.
Nays--None. Ahsent-Council Members
Heckmann, ~
Council Membec Voetherg moved that
they close the public hearing on this matter.
Seoonded by Cooncil Membec Nicholson.
Carried by the following vote: Yeas-Mayor
Brady, Cooncil Members Deich, Kluesner,
Nicbolson, Voetberg. Nays-None.
Absent-Council Members Heckmann, Pnon.
Proof of Publication, cerlified to hy the
Publisher, on Notice of Public Hearing to
considec disposal of City's intereSt in
property at 272 Valeria S~ to Oliver and
lames Kringle and Commnnication of City
Manager recommending to sell said property
to the Kringles, presented and read Mr.
lames Kringle, 1335 Glen Oak, spoke, re-
questing to purchase the property. Council
Membec Voetberg moved that the proof of
publicalion and communication be received
and filed. Seconded by Cooncil Member
Kluesner. Carried by the following vote:
Yeas-Mayor Brady. Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Ahsent-Council Members
Heckmann, ~
RESOLUTION NO. 248-90
A RESOLUTION APPROVING THE
DISPOSAL OF CITY-OWNED
PROPERTY: LOT TWO (2) OF LOT
THIRTEEN (13) OF THE
SUBDIVISION OF LOTS 129, 131A,
131 AND 135A IN L.H.
LANGWORTHY'S ADDmON IN
THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
(GENERALLY KNOWN AND
ASSESSED AS WIELAND'S
SUBDMSI0N) ACCORDING TO
THE RECORDED PLAT TIIEREOF;
ALSO KNOWN AS 272 VALERIA
STREET, DUBUQUE, IOWA TO
OLIVER KRINGLE AND JAMES
KRlNGLE'
Wbereas, pursuant to duly publisbed
nolice, puhlisbed in Telegraph Herald
newspaper on the 8th day of June, 1990, the
City Council of Dubuque, Iowa, met on the
18th day of June, 1990, at 7:30 p.m. in the
Carnegie Stout Public Library Auditorium.
11th and Bluff SlreCts, Dubuque, Iowa, to
consider the ¡roposal of disposing of City-
owned real estate located at 272 Valeria
SlreCt which property is legally described as
follows:
,,~
Attest:
Mary A. Davis
City Clerk
Council Membe< Voetberg moved adop-
tion of the Resolulion. Seconded by Council
Membec Kluesner. Carlied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays-None. Ahsent-Council Members
Heckmann, ~
Commonication of City Manager
requesting sale of property to Fischer, Inc. as
part of the 5th SL Extension into the 4th
Street Peninsula, presented and read. Council
Membec Nicholson moved that the
commonicalion be received and filed.
Seoonded hy Cooncil Membec Voetberg.
Carried by the following vote: Yeas-Mayor
Regular Session, June 18, 1990
349
Brady, Council Members Deich, Kluesner,
Nicholson, Voctberg, Nays-None.
Ahsent-Conncil Membecs Heckmann, ~
Council Member Nicholson moved that
the following be defecred to the Council
Meeting of luly 16th: A Resolution
Appoving plat of the Subdivision of Lot 8
and Lot 9 of IndDStrial Subdivision No.2.
Seoonded by Council Membe< Voctberg.
Carried by the following vote: Yess--Mayor
Brady, Cooncil Members Deich, Kluesocr,
Nicholson, Voctberg. Nays-None.
Ahsent-Council Membecs Heckmann, ~
RESOLUTION NO. 249-90
RESOLUTION DISPOSING OF CITY
IN1EREST IN LOT 2 OF LOT 9 IN
INDUSTRIAL SUBDIVISION NO.2.
Whereas, the City of Dubuque has re-
quested the subdivision of Lot 8 and Lot 9
of IndDStrial Subdivision No. 2; and
Whereas, the City of Dubuque bas pre-
pared and submitted to the City Council a
plat showing the subdivision of Lot 8 and
Lot 9 of IndDStrial Subdivision No.2 and
assigned lot numbers thereof, which here-
inafter shall be known and described as Lot
1 and Lot 2 of Lot 8 and Lot 1 and Lot 2 of
Lot 9 all of IndDStrial Subdivision No.2 in
the City of Dubuque, Iowa;
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Lot 2 of
Lot 9 is no longec required for public nse,
and sale of said Lot 2 of Lot 9 of Industrial
Subdivision No.2 in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, TIlEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE. IOWA:
Sectloa 1. That the City of Dubuque
intends to dispose of its interest in Lot 2 of
Lot 9 of IndDStrial Subdivision No.2 in the
City of Dubuque, Iowa.
SectIon 2. That the cooveyanoc of Lot 2
of Lot 9 in Indnstrial Subdivision No.2 in
the City of Duhuque, Iowa be contingent
upon Fiscber, Inc. Quit Claiming Lot 2 of
Lot g of JndDStrial Subdivision No.2 to the
City of Dubuque, Iowa.
Sectloa 3. That the City Cleek be and is
hereby authorized and directed to canse and
notice of intent to dispoae of said real estate
in the manner as preseribed by law.
PBIICd, approved and adopted this 18th
day of lune, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nicholson moved adop-
tion of the Resolution and further moved that
it be set for Hearing on luly 16, 1990 at
7:30 p.m. in the Public Library Auditorium
and that the City Clerk publish nolice in the
manner prescribed by law. Seconded by
Council Membe< Voctberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voctberg. Nays-None.
Ahsent-Council Membecs Heckmann, Pratt
Cornmonicalion of City Manager recom-
mending adoption of Resolution regarding
disposition of œnain renewal property and
set for a puhlic hearing on luly 23, 1990,
presented and read. Council Member
Kluesnec moved that the communication be
received and mod. Seconded by Council
Membe< Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Membecs
Deich, Kluesnec, Nicholson, Voctberg.
Nays--None. Ahsen>-Council Members
Heckmann, Pratt.
RESOLUTION NO. 250-90
RESOLUTION (1) APPROVING TIlE
MINIMUM REQUIREMENTS,
COMPETITIVE CRITERIA,
OFFERING DOCUMENTS AND
PROCEDURES FOR DlSPOSmON
OF CERTAIN URBAN RENEWAL
PROPERTY; (2) DETERMINING
THAT THE PROPOSAL
SUBMITTED BY DUBUQUE
RACING ASSOCIATION SATISFIES
TIlE OFFERING REQUIREMENTS
AND DECLARING TIlE IN1ENT OF
TIlE CITY TO ENTER INTO LEASE
AGREEMENT BY AND BETWEEN
TIlE CITY OF DUBUQUE AND
DUBUQUE RACING ASSOCIA 110N
IN TIlE EVENT TIlAT NO
COMPETING PROPOSALS ARE
SUBMITfED; AND (3) SOLICITING
COMPETING PROPOSALS.
Whereas, the City of Dubuque, Iowa, did
on Deoembe< 18, 1989, adopt an Urban
Renewal Project known as the Ice Harbor
Urban Renewal District (the "Plan") for the
urban renewal area described therein; and
Whereas, such plan provides for, among
othec things, the acqnisition and disposition
350
Regular Session, June 18, 1990
of properties for private rehabilitation as a
proposed renewal action; and
WbeceBB, Dubuque Racing AlSoeiation
(the "DRA") responded to the circumstances
above described by submitting to the City a
specific proposal for the lease of certain
propertY for nse as parking and dock facil-
ilies for an excursion gambling boat, together
with the request that this property be made
available for disposition as rapidly as
poasible; and
WbeceBB, in order to establish reasonsbly
competitive bidding procedures for disposi-
lion of the property in accordance with the
s-toty requirements of Chapter 403, Code
of Iowa, 1989, and particularly Seelion
403.8, and to assure that the City extends a
full and f.u: opportunity to all panies
intereSted in submitting a proposal, a
sununary of submission requirements and
minimum requirements and compelitive
criteria for the property offering has been
prepared and is attached hereto as Exhibit
"A" and by this reference is made a part
heceof, which sets out the minimum require-
ments each proposal mnst salisfy in order to
qualify for consideration with reapect to the
compelitive criteria. the information and
documents which mnst be submitted, and the
scbedule for submission and cornpetilive bid-
off procedures; and
Wbeceas, DRA has executed and tendered
a Lease AgreernCnt with the City, altaCbed
hereto as Exhibit "B" which proposes the nse
of this propertY for parking and dock facil-
ities for an excursioo gambling boat; and
Whereas, to hoth recognize the firm
proposal for disposition of the property
already received by the City, as described
above, and to give full and f.u: opportunity
to other panies intereSted in submitting a
proposal for lease of the property, this
Council should by this resdulion:
1) Direct the City Manager to have pre-
pared an appraisal of the property to assist
the Council in scning the f.u: marl<et value
of the parcel for nses in accordance with the
Urban Renewal Plan.
2) Approve the guidelines for submission
of proposals for the lease of the property and
the minimum requirements and compelitive
criteria (fuhibit "A").
3) Approve the DRA's proposed Lease
Agreement (fuhibit "B") as '" form.
4) Set a date for receipt ofcompeling ¡xo-
posals and the opening thereof; establish a
procedure for each proponent to better its
proposal and set a cutoff time for such
modification; and provide for review of such
proposals with recommendalions to this
Council in accordance with established
procedures.
5) J)eclare that the proposal submitted by
the DRA salisfies the requirements of the
offering, and that in the event no other
qualified proposal is limely -submitted that
the City intends to accept such proposaI and
enter into the Lease Agreement and direct
publicalion of nolice of said in"'n~
6) Approve and direct publication of a
notice to advise and would-be competitors of
the opportunity to compete for lease of the
propertY for nse on the termS and conditions
set out above.
7) Declare that in the event another qnal-
ified proposal is timely submitted, another
and future notice will be puhlished on the
intent of the City to enter into the resulting
contraCt, as required by law, and;
WbeceBB, this Council believes it is in the
best interest of the City and the Plan to act
as expeditionsly as poasib1e to offer this
propertY for lease as set forth berein.
NOW, TIlEREFORE. BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE,10WA:
Sedlon I, That the following described
propertY sball be offeced for lease in
accordance with the termS and conditions
contained in this resolulion, to wit:
That porIion of the Ice Harbor
Urban Renewal District as
indicated on Attachment" A"
contained within Exhibit "A"
hereto.
Sedlon :I.. That the City Manager is
hereby directed to have made an appraisal of
the property to assist the Council in deter-
mining the lease price of the property which
lease price is its f.u: value for nse in
accordance with the Plan.
Section 3. That it is hereby determined
that in OIder to qualify for consideration for
selectioo each proposed lelSee mDSt submit
a proposal which meets these minimum
requirements:
a) Contains an agreement to lease the
property at not leIS than the amount of the
f.u: value for nse in accordance with the
Plan which price sball be detennined by this
Regular Session, June 18, 1990
Cooncil after it has received an appropriate
appraisal as de&cribed above;
b) Ia for the operation of an excursion
gambling boat in conformance with the Plan
and .- and local laws;
c) Includes a scbeduIe in which operation
sha11 commence on or about April 1, 1991;
d) Inclodes evidence of the capacity of
the lessee 10 comply with the terms of the
proposed Lease Agreemen~
e) Sets out 0< provides thmugh other
means acceptable to the City the lesaee's
experience in managing and operating other
publiclprivate tourist related projects; and
f) Sets out or provides through other
means acceptable to the City the experience
of the principals and key staff who are
directly engaged in performance of contract
obligations in canying out projects of similar
scale and chanscter.
SedlOD 4. That it is hereby determined
that each propoaaI which salisfies the
minimum requirements as determined by the
City, sball be reviewed on the basis of the
strength of such proposal as judged by the
following competitive criteria:
a) Quality of the propooaI;
b) Ability to carry out such propooaI; and
c) Ability to conform to the Urban
Renewal Plan.
SedJon 5, That the proposed Lease
Agreement by and between the City and
DRA be and is hereby spproved as to form
for the purposes hereinafter stated.
Section 6. That for the purpose of
defining the offering of the property for
lease, said Lease Agreement shall be deemed
to be illDStrative of the terms acceptable to
the City with respect to:
a) Term;
b) Leased premises;
c) Rental;
d) Construclion of impmvements;
e) Loan Repayment Service Fund;
351
f) Depreciation and Improvement Fund;
g) Conditions precedent to lease;
h) Limited transferability of Lease
Agreemen~
i) License '" operate;
j) Use of facility;
k) Inspection of premises;
I) Maintenance of facility;
m) Improvementa;
n) Liability iDlurance and indeconification;
0) Waiver of Submgation;
p) Tennination;
q) Records, report and filings;
r) Conllict of interes~ and
s) All additional proVisiODl.
SedJon 7. That the proposed Lease
Agreement submitted by DRA salisfy the
requirements of the offering and, in the event
that no other qualified proposals are timely
submitted, that the City enle< inlo said
agreement is herehy accepted and approved.
SedJon 8. That it is hereby determined
that DRA posseSICI the qualifications, finan-
cial resourœs and legal ability necessary to
lease and DIe the property in the manner
proposed by this offering in accordance with
the Plan.
SedJon ,. That the City Cleek sha11 to-
ceive and retain for public examination the
attached Lease Agreement submitted by
DRA and, in the event no other qualified
proposals are timely submitted, shall re-
submit the same to this Council for final
approval and execulion opon expiration of
the notice hereinafter prescribed.
Section 10, That the action of this Coun-
cil be considered to be and does hereby con-
stitute notice '" all concecned of the intenlion
of this Council, in the event that no other
qualified proposals are timely submitted, to
352
Regular Session, June 18, 1990
acoept the proposaI of DRA to lease the pr0-
perty and to enter into the Lease Agreement
by and between the City and DRA.
Sedlon 11. That the official nolice of this
offecing and of the intent of the City, in the
event no other qualified proposals are timely
submitted, to enter into the Lease Agreement
by and between the City and DRA, shall be
a true copy of this resolution, but without the
attachments referred to herein.
Section 12. That the City Clerk is autho-
rized and directed to secure immediate
publication of said official nolice in the
Telegraph Herald, a newspaper having a
general circlÙalioo in the commonity, by
publication of the text of this resolution on
or before the 21st day of lune, 1990.
Section 13. That wrinen proposals for the
lease of the property will be received by the
City Clerk at or before 10:00 Lm. llÙY 23,
1990. Said proposa1s will be received in the
office of the City Clerk, located on the first
floor at City Hall. Dubuque, Iowa 52001.
Each proposal will be opened at the hour of
10:00 Lm. in City Hall. Dubuque, Iowa, on
luly 23, 1990. Said proposals will then be
presented to the City Council at 4:30 p.m,
luly 23, 1990, at a meeting to be held in
City Hall, Dubuque, 10wL
Section 14. That such offering shall be in
substanlial conformance with the provisions
of Section 403.8, Code of Iowa, requiring
"reasonable competitive bidding procedures"
as are hereby prescribed which methnd is
hereby determined to be the appropriate
methnd for making the property available for
use.
Section 15. That the required docwnents
for the submission of a proposal shall be in
substantial conformity with the provisioos of
this resolution.
Section 16. That the City Clerk is hereby
nominated and appointed as the agent of the
City of Dubuque, Iowa, to receive proposals
for the lease of the property at the date and
according to the procedure hereinabove spec-
ified for receipt of such proposals and to
pmceed at such time to formally ackoow-
ledge receipt of each of sucb proposals by
noting the receipt of same in the Minuœs of
the Council; that the City Manasec is hereby
..."'.
authori:æd and directed to make preliminary
analysis of each such proposaI for c0m-
pliance with the minimum requirements
established by this Council hereinahove. For
each proposal which aalisfies these require-
ments, the Council sball judge the sttength
of the proposal by the competitive criteria
established bereinabove. The Council sball
then make the final evaluation and seleclion
of the ¡roposals.
Section 17. That following receipt of
competing proposals, DRA shall have until
9:00 Lm. on llÙY 25, 1990, to amend its
proposal in response and to deliver same to
the City Clerk.
Section 18. That if, and only if, com-
peting proposals are received and determined
by the Council to meet the minimum require-
ments of this resolution, and DRA amends
its proposal in response thereto, such Council
shall forthwith schedule a meeting within
five days after llÙY 25, 1990, at which
meeting there shall be a bid-off, each
proposal against the other, seriatim starting
with the second proposal received until such
time as each proponent for the lease of the
property sball decline to improve its bid in
response to the last bid of the other bidder or
bidders. The period of lime to be allowed for
such bid-off shall not be in excelS of three
consecutive hours on said date. The rules of
such bid-off shall be as informally deter-
mined by the Council at or before such bid-
off perind and shall be absolute.
Section 19. That in the event another
qualified propoaal is timely submitted,
another and further notice shall be publisbed
of the intent of the City of Dubuque, Iowa,
to enter into the resulting cootraC~ as
required by law.
Passed, approved and adopted this 18th
day of lune, 1990.
lames E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Membec Kluesner moved adop-
tion of the Resolutioo, setting it for Public
Hearing on luly 23,1990 at 4:30 p.m. in the
City Hall and that the City Clerk publish
nolice in the manner prescribed by law.
Regular Session, June 18,1990
Seoonded by Council Member Nicholson.
Carried by the following vote: Yess--Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Voctberg, Nays-None.
Absent-Council Membecs Heckmann, Pran.
Comrnonication of City Manasec sub-
mitting bidding pmoedures and documents
for the installation of lraflic signaIs at Dodge
Street (U.S. 20) and the Northwest Arteria1,
presented and read. Council Member
Klueaner moved that the conmonication be
received and mod Seconded by Council
Membec Vcetberg. Carried by the following
vole: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Ahsent--Council Members
Heckmann, Pratt.
RE'iOLUTlON NO. 251.90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCß.. OF TIlE CI1Y
OF DUBUQUE, IOWA:
That the pmposed plans, specifications,
form of coo1r3ct and eslimated cost for the
Dodge Street at the Northwest Arterial
Traffic Signal Improvements and Intersection
Lighting, in the estimated amount of
$91,517.76, are herehy approved and ordeced
med in the office of the City Cleric for
public inspection.
PBIICd, approved and adopted this 18th
day of lune, 1990.
Attest:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Membec Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Vcetberg.
Nays-None. Absent--Council Members
Heckmann, Pratt
RE'iOLUTlON NO. 252.90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
353
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifi-
cations, and form of cootract and placed
same on me in the office of the City Clerk
for pnblic inspeelion of the Dodge Street at
the Northwest Arteria1 Traffic Signal
Improvements and Intersection Lighting.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCß.. OF TIlE CITY
OF DUBUQUE, IOWA:
That on the 16th day of luly, 1990, a
public hearing will be beld at 7:30 p.m. in
the Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and speci-
fiearions, form of cootract and cost of said
improvemen~ and the City Clerk be and is
hereby directed to canse a notice of time and
place of such hearing'" be poblished in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notioe shall
be not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and me objections to the
proposed plans, specifications, contrac~ or
estimated cost of the improvemen~
PBIICd, approved and adopted this 18th
day of lune, 1990.
Attest:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
Council Membec Kluesner moved adop-
tion of the Resolulion, Seconded by Council
Membec Vcetberg. Carried by the following
vote: Yeas--Mayor Brady, Council Membecs
Deich, Kluesnec, Nicholson, Voetbezg.
Nays--None. Ahsent---Counci1 Members
Heckmann, Pratt.
RE'iOLUTION NO. 253-90
ORDERING BIDS
NOW, THEREFORE, BE IT RESOLVED
BY TIlE COUNCß.. OF THE CITY OF
DUBUQUE, IOWA:
That the Dodge Street at the Northwest
Arteria1 Traffic Signal Improvements and
~,..,
354
Regular SeSSion, June 18, 1990
Intenection Lighting is hereby ordered to be
advertised for bids for construction.
BE IT FURTIIER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Oed< is hereby directed to
advertise for bids for the construction of the
improvements berein provided, to be pub-
liabed in a newspaper having general circula-
lion in the City of Dubuque, Iowa, which
notice shall not be Ie.. than four dsys nor
more than twenty days prior to the receipt of
said bids at 2:00 p.m. 00 the 5th dsy of July,
1990. Bids shall be opened and read by the
City Oerk at said time and will be submitted
to the Council for final action at 7:30 p.m.
on the 16th dsy of July, 1990.
Passed, approved and adopted this 18th
dsy of June, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Membec Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Abscnt---Council Members
Heckmann, Prstt
Commonication of Planning &: Zoning
commi..ion advising of their approval to
rezone property located on Pleasant View
Drive from R-4 Multi-Family Residential to
PR Planned Residenlial Distric~ presented
and read. Council Membec Voetbetg moved
that the commonication be received and
med. Seconded by Council Membec
Kluesner. Carried by the following vote:
Yeas-Mayor Brsdy, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Ahsent-Council Members
Heckmann, Prstt
An Ordinance Amending AppeadDt A of
the Code of Ordinances by adopting a
conceptual Development Plan for the
Pleasant View PR Planned Residenlial
District on Pleasant View Drive in the City,
presented and read. Council Member
Voetberg moved that this be considered the
first reading of the Ordinance and that it be
set for Public Hearing on luly 2, 1990 at
7:30 p.m. in the Public Library Auditorium
and that the City Oeck publish notice in the
manner prescribed by law. Seconded by
Council Member Kluesner. Carlied by the
following vote: Yeas-May"" Brady, Coun-
cil Members Deich, Kluesner, Nicholson,
Voetberg. Nays-None. Abscnt-Council
Membecs Heckmann, Pnon.
Cornmonication of City Manager suhmit-
ting resolutions initiating the bidding proce..
for the reconstruclion of Flora Swimming
Pool, presented and read. Council Member
Voetbetg moved that the commonication be
received and med. Seconded by Council
Membec Kluesner. Carried by the following
vote: Yeas-Mayor Brsdy, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays-None. Abscnt-Council Members
Heckmann, Prstt
RESOLUTION NO. 154-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE OTY OF DUBUQUE,
IOWA:
That the proposed plans, specificalions,
form of contract and estimated cost for the
Flora Pool reconstrUction, in the estimated
amount of $1,664,158, are hereby approved
and ordered med in the office of the City
Oed< for public inspection.
Passed, approved and adopted this 18th
day of lune, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Membec Voetberg moved adop-
tion of the Resolution. Seconded by Council
Membec Kluesnec. Carried by the following
vote: Yeas-Mayor Brsdy, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Abscnt---Council Members
Heckmann, Pratt,
Regular Session, June 18,1990
RESOLUTION No. 255-90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dnbuque, Jowa, has given its preliminary
approval on the proposed plans, specifi-
caIions, and form of contract and placed
same on me in the office of the City Oed<
fer public illBpeetion of the Flora Pool
reconstruction.
NOW, THEREFORE, BE IT
RESOLVED, that on the 6th day of AugUl~
1990, a public hearing will be held at 7:30
p.m. in the Puhlic Library Auditorium, at
which time interested ¡>ersooa may appear
and be heard for or against the proposed
plans and specifiearions, form of coob8ct
and COlt of said improvemen~ and the City
Oed< be and is hereby directed to cause .
notioe of time and place of such hearing to
be published in a newspaper having genecal
eircuIation in the City of Dubuque, Jowa,
which notice shall be not less than four days
nor more than twenty days prior to the day
fixed for its COnsiderstion. At the hearing,
any interested person may appear and file
ol!jeclions to the proposed plans, specifi.
calions, cootrac~ er eslimated COlt of the
improvemen~
Paased, --ed and adopted this 18th
day of lune, 1990.
lames E Brady
Mayor
Atteat
Mary A Davis
City Oerk
Council Member Voetberg moved adop-
lion of the Resolution. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetbecg.
Nays--None. Ahsent---<:ouncil Members
Heckmann, Pratt.
RESOLUTION NO. 256-90
ORDERING BIDS
BE IT RESOLVED BY TIlE CITY
COUNCIL OF TIlE CITY OF DUBUQUE,
JOWA:
355
That the Flora Pool reconstruction is
hereby ordered to be advertised for bids fer
COOItruction.
BE IT FURTIIER RESOLVED, that the
amount of the security to accompany each
hid shall be in an IUIIOnnt which shall
conform to the provisions of the notice to
bidders hereby approved as . part of the
plans and specifications heretofore adopted.
That the City Oed< is hereby directed to
adverlise for bida fer the construclion of the
improvements herein provided, to be pub-
lisbed in a newspaper hav:ing general eircuI-
alion in the City of Dubuque, Iowa, which
notice sball not be less than four days nor
more than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 23rd day of
luly, 1990. Bids shall be opened and read by
the City Oed< at said time and will be
submitted to the Council for final action at
7:30 p.m. on the 6th day of Augus~ 1990.
Passed, approved and adopted this 18th
day of lune, 1990.
lames E Brady
Mayor
Atteat:
Mary A Dav:is
City Oed<
Council Member Voctberg moved adop-
tion of the ResoIulion. Seconded hy Council
Member Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetbecg.
Nays--None. Ahsent-Council Members
Heckmann, ~
Commonication of Planning &: Zoning
Corronission advising of their denial to
re2lOOe property located at 2421 University
Avenue from Singlo-Family Residenlial
District to Office Residential district and
Commonication of Daniel Adams, owner of
property at 2421 University Ave., requesting
Council hold public hearing on rezoning
request and COnsidec over-ruling P &: Z's
recommendation, presented and read. Coun-
cil Member Kluesnec moved that the c0m-
munications be received and med. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Regular SeSSion, June 18, 1990
Wbeceas, a loan agreement has been
reached with First National of Dubuque, in
the amount of $110,000; and
Wbeceas, repayment of the bank loan will
come from golf fees; and
Whereas, pursuant to notice published as
required by law, a public meeting and
hearing has been held on Monday, May 21,
1990, upon the proposed promissory note
and loan agreement in the amount of
$110,000 for the purpose of construclion of
a fairway irrigation system at the Bunker
Hill Golf Course; and
Wbeceas, the extent of objeclions received
from residents and propertY owners has been
folly considered; and
Wbeceas, accordingly the following aclion
approving the promissory note and loan
agreement is now considered to be in the
best intereSt of the City and residents
theceof;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se<tlon 1. That the promissory note and
loan agreement between the City of Dubuque
and the First National Bank in the amount of
$110,000 for the pntpose of construelion of
a fairway irrigation system at the Bunker
Hill Golf Course, such note and agreement
which is attaChed, is hereby approved and
the Mayor and City Clerk are hereby autho-
rized and directed to execute said loan agree-
ment in behalf of the City of Dubuque.
Passed, approved and adopted this 18th
day of June, 1990.
lames E. Brady
Mayor
356
Nicholson, Voetberg. Nays-None.
Ahsent~ouncil Membecs Heckmann, Pratt
An Ordinance Amending Appendix A of
the Cnde of Ordinances by reclassifying
propertY located at 2421 University Avenue
from R-I Single-Family Residential District
to OR Office Residenlial District (Presented
only if Counål chooses to overru1e P & Z's
denial), presented and read. Council Membec
Kluesnec moved that this be considered the I
first reading of the Ordinanoe and that it be
set for Public Hearing on luly 2. 1990 at
7:30 p.m. in the Public Library Auditorium
and that the City Cleek publish notice in the
manner prescribed by law. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas--Mayor Brady, Coun-
cil Members Deich, Kluesner, Nicholson,
Voetberg. Nays-None. Absent-Council
Members Heckmann, Pran.
Cornmonication of Planning & Zoning
Conunission advising of their denial to
rezone propertY located at 3422 Asbury
Road from Office Residential District to
Neighborhood Shopping Center Distric~
presented and read. Council Member
Kluesnec moved that the commonication be
received and med and concurred with denial.
Seoonded by Council Membec Voetberg.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None. I
Absent~ouncil Membecs Heckmann, Pnott
RF.'>OLUTI0N NO. 157.90
RESOLUTION APPROVING
PROMISSORY NOTE AND WAN
AGREEMENT IN THE AMOUNT OF
$110,000 FOR THE CONS1RUC-
TION OF AFAJRWAY IRRlGATION
SYsrEM AT THE BUNKER Hn.L
GOLF COURSE.
Wbeceas, the City Council of the City of
Dubuqoe, Iowa, has given its approval in the
FY 1991 Capital Jm¡wovement Program bud-
get for the construCtion of a fairway
irrigation system at the Bunker Hill Golf
Course in the amount of $110,000; and
Wbeceas, in order to provide for payment
of the irrigation system it is necessary to
obtain a bank loan; and
Atteat:
Mary A. Davis
City Clerk
Council Membec Voetherg moved adop-
tion of the Resolution. Secooded by Council
Membec Kluesner. Carried by the following
vote: Yeas-Mayor Brsdy, Council Members
Klnesner, Nicholson, Voetberg.
Nays-Council Member Deich.
Ahsent~ouncil Membecs Heckmann, Pratt
Regular Session, June 18,1990
Commonication of City Manager request-
ing Mayco- be authoriæd and directed to sign
Ice Harbor Padång Agreement on behalf of
the City, ¡nsented and read. Council
Membec Voetbezg moved that the commoni-
cation be received and med and refecred to
the City Manager. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayco- Brady, Council Membecs
Deich, Klues_, Nichobon, Voetbezg.
Nays--Nooe. Ahsen>-Council Members
Heckmann, Pratt.
Conunonication of City Manager request-
ing Mayor be authorized and directed to
execute a Contract of Purchase for
$4,000,000 Urban Renewal Tax Increment
Revenue Bonds, presented and read. Council
Membec Voetberg moved that the commoni-
cation be received and med and approved
request and authorized Mayor to sign
con1Jact. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays--Mayor Body.
Absent-Council Members Heckmann, Pran.
lim Bud<e to present verbal report on
sta... of tunnel design between proposed
downtown hotel and 5 Flags Civic Center.
Council Member Voetberg moved that the
report be received and med and noted
conse.... of approval for tunnel sul!ject to
costing out of developec. Seconded by
Cooncil Member NicholBon. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Ahsent-Council Members Heckmann, Pratt
Commonication of City Manager submit-
ling statns report on planned resurfacing of
Cenlral Avenue from 5th to 20th Street and
requesting concurrence in the Iowa DOT's
reconunendation for an uphalt overlay in
lieu of reconstruction, presented and read.
Council Member Klueaner moved that the
commonication received and med and
concurred with recommendation. Seconded
by Council Member Nicholson. Carried hy
the following vote: Yeas-Council Members
Kluesner, Nicholson, Voetberg.
Nays-Mayor Brady, Council Member
Deich. Absent-Council Members
Heckmann, ~
Commonication of City Manager submit-
ting Ordinance approving amendments 10 the
reguiatinos relative to collection of garbage,
trash and refuae in the City, presented and
read, Coonål Member Voetherg moved that
the COmmunication be received and filed.
Seconded by Council Membec Kluesner.
Carried by the following vote: Yess--Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Abscnt~ouncil Membecs Heckmann, Pran.
An Ordinance Amending Code of Ordi-
nances by adopting a new Section 22-16
Definitions, and a new Section 22-38 Yard
Waste, in lieu thereof to provide for clari-
fiearion of the definition of Refuse and
Regulations relative to Yard Waste, pre-
sented and read. Council Member Voetberg
moved that this be considered the first
reading of the Ordinance. Seconded by
Council Membec Kluesner. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Absent-Council Membecs Heckmann, Pran.
Commonication of Corporation Counsel
Lindahl submitting Ordinance regarding
Parlåog Meter Exemplion for Official
Government Vehicles and Cornmonication of
City Manager recommending the ordinance
which would exempt government vehicles
with official plates from having to "feed" the
paJting meters not be adopted, presented and
read. Council Member Deich moved that the
commonication be received and filed.
Seoonded by Council Member Nicholson.
Vo.. on the motion was as follows:
Yess--Mayor Brady, Council Members
Deich. Nays-Council Members Kluesner,
Nicholson, Voetberg. Motion failed.
An Ordinance Amending Section 32-335
of the Code of Ordinances relating to the
application of partdng meter provision to all
tIIOIOr vehicles, by adding thereto a new
paragraph (d), exempting motor vehicles
hearing official registration pates for certain
governmental entities including but no!
limited to Monicipal, County, State or
FederaI Governments, ¡nsented and read.
Council Member Deich moved that this be
considered the first reading of the Ordinance.
Seconded by Council Member Nicholson.
Vote on the motion was as follows:
Yeas--Mayor Brady, Cooncil Members
357
358
Re;ular Session, June 18,1990
Deich. Nays--Council Members Kluesner,
Nicholson, Voetberg. Absent-Council
Members Heckmann, Pnon. Motion failed.
Commnnication of City Manager submit-
ling arrangements for interViews for Long
Range Planning and Zoning Commillioners
and requesting confirmalion of the interView
scbedule or give further directioo, presented
and read. Council Member Kluesner moved
that the commnnication be received and
med. Seconded by Council Membec
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetbecg.
Nays-None. Absent-Council Members
Heckmann, Pratt
BOARDS/COMMISSIONS
Electrical Cnde Bosrd (Replaces Electrical
Examining Bosrd and Electrical Bosrd of
Appeals): Five individuals for three year
tenDS which expire 5-21-93 (At Large,
Electrical Engineer, Electrical Conttactor and
10urneymanlMaintenance Electricians (2).
At Large Applicants: RichardF. Wagener,
Electrical Engineer Applicant: Steven F.
Braun; Electrical Con-tor: Daryl Biechler,
lobo DeseDS, lames Dixon; Electrical
10urneymanlMaintenanceman: Daniel J.
Dolter, Dan Hamme!, David I. Meyecs,
Ronald I. Mueller.
Council Membec Kluesnec moved that
Richard Wagener be appointed as the At
Large member and Steve Braun as the
Engineec for three year terms to expire 5-21-
93. Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Abscnt-Council Membecs Heckmann, Pnott
Vote on the other appointments wece as
follows: Mayor Brady voted for Biechler.
Dolter, Hamel; Council Membec Deich
voted for Dixon, Dolter and Hammel;
Council Member Kluesner voted for Desens,
Dolter and Hammel; Council Membec
Nicholson voted for Dixon and Hammel;
Cooncil Member Voetbezg voted for Dixoo,
Dolter and Hammel Thecefore,lames Dixon
appointed as Conttactor and Daniel Dolter
and Dan Hammel appointed as loumey-
manJMaintenance members for three year
tenDS to expire 5-21-93.
Historlc Preservation Cnmmlsslon -
Newly Revised Commlssl...
Need One membec from each Historical
District (Cathedral, Jackson Park,
Langworthy, Old Main, and At Large (2» -
Two one-year tenDS to expire 7-1-91; Two
two- year terms to expire 7-1-92; Three three-
year termS to expire 7-1-93. Parry Adams,
Corey Roeder, Gail Naughton and Mary Ann
Schiesl spoke requesling appoinbnen~
At Large Term: Applicants: Barney
Bishop, Robert Felderman. Joel Lightcap,
Michael portzen, James Schneider, Roben
Smith, Gregory Stover. Mayor Brady voted
for R. Smith; Council Membec Deich voted
for R. Smith; Council Member Kluesner
voted for R. Smith; Council Member
Nicholson voted for R. Felderman; Council
Membec Voetberg voted for R. Smith.
Thecefore Robert W. Smith appointed to a
term which will expire 7-1-91.
Cathedral District: No Applicants.
lackson Park District: Applicants: Gail
Naughton, Corey M. Roeder. Mayor Brady
voted for G. Naugh- Council Member
Deich voted for Naughton; Council Member
Kluesnec voted for G. Naughton; Council
Membec Voetbezg voted for Naughton.
Thecefore, Gail Naughton appointed as a
representative of the lackson Park District
for a two year term which will expire 7-1-
92.
Langworthy District: Applicant: PIIt1)'
Adams. Council Member Deich voted for
Adams; Council Member Kluesner voted for
Adams; Council Member Nicholson voted
for Adsms. Therefore, Parry Adsms
appointed to a three year term which will
expire 7-1-93, representing the Langworthy
Distric~
Old Main District: Applicant: Duaine H.
Greenfield. Council Member Kluesner
moved that Duaine Greenfield be appointed
to a three year tenD which will expire 7-1-93
represenling the Old Main Distric~ Seoonded
by Council Membec Voetberg. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Ahsent-Council Members Heckmann, Pratt
Regular Session, June 18, 1990
W. 11th Slreet District Applicant: M. I.
Ayecs; Mary Ann Schiesl; Sue Wilke. Mayor
Brady voted for Schieal; Council Member
Deich voted for Schieal; Council Member
Klueanec voBed for Schiesl; Council Member
Nicholson voted for Schieal; Council
Membec Voetberg voted for Schies!. There-
fore, Mary Ann Schieal appointed for a two
year term which will expire 7-1-92 repre-
senting the W. 1 Ith Slreet Distric~
RESOLUTION No. 258.90
BE IT RESOLVED BY THE CITY
COUNcn. OF THE CITY OF
DUBUQUE, JOWA, TIIAT THE
FOLLOWING HAVING COMPLIED
WITH THE PROVISJONS OF LAW
RELATING TO THE SALE OF
CIGARETIES WITIIIN THE CITY
OF DUBUQUE, JOWA, BE
GRAN1ED A PERMIT TO SELL
CIGARETIES AND CIGARETIE
PAPERS WlTIDN SAID CITY.
Airport Inn, Ethel K. Schwarts,
574 1/2 E. 16th S~
Amoco at the Bridge, Mulgrew Oil
Coropany, 351 Dodge S~
Amoco Food Shop, Mulgrew Oil
Company, 1450 Lorsa Blvd
Asbury Faslop, Mulgrew Oil Coropany,
3300 Asbwy Rd.
Beecher Beverage &: Gas, Beecber Co.,
Ino., 1691 Asbury Rd.
Big "10" Mart, Mo10 Oil Company,
2100 I. F. Kennedy Rd
Big "10" Mart, Molo Oil Company,
9th and Central Ave
"76" Car Wash, MoJo Oil Coropany,
1875 I. F. Kennedy Rd
Bridge Restaurant &: Lounge, KAI, Ino.,
31 LocDSt S~
Butter's Bar, Michae1l. Sawvell,
1700 Central Ave
Casey's General Store, The Monday Co.,
4003 Peru Rd.
359
Casey's General Store, Angel Invesbnent
Co., 2699 Rockda1e Road
Country Kitchen, CK of Dubuque, Ino.',
3187 Univecsity Ave
Crealanes Bowling, Inc., Crescent Electric
Supply Co., 255 South Main Sl
Cue Master Billiards, Marvin Rapp,
900 Central Avenue
Dip Tap, The, Eugene A. Otting,
1689 Elm S~
Dodge Honse Mote1, Dodge Honse COIp.,
701 Dndge Sl
Doughecty's United, Barbara Skahill,
229 West 8th S~
Dubuque Bowling Lanes, lames R.
Fetting, 1029 1/2 Main S~
Dubuque Regional Airport, C.L. Swanson
Corp., Hy 61 South
Dunne &: Son Amoco, William F. Dunne,
2600 Dodge S~
Eagle Food Center 11109, Eagle
Centers, Ino., 200 South LocDSt St
Eagle Food Center NI30, Eagle
Centers, Ino., 1800 Elm S~
Food
Food
Eagle Food Center N320, Eagle Food
Centers, Ino., 2050 I. F. Kennedy Rd.
Family Beverage Center, Dennis A &:
lean Ann Althaus, 3400 Central Ave.
Family Mart, 1nc., Family Mart, Inc.,
3201 Central Ave.
FDL Foods, Ino., 701 E. 16th S~
Finale Lounge, T &: T Welsh, Inc.,
1701 Central Ave.
Fischer Bowling Lanes, Fischer &:
Company, Inc., 880 LocDSt S~
Gene's Main Street Tap,
EugenelCatherine Bechen, 1007 Main S~
- ------
..."
360
Re.l!.ular Session, June 18, 1990
Gomer's Bar, Rogec H. Kunde,
1105 Univ.mty Ave.
Grandview Drug, Chuck Wiebke/Cliff
Hart, 486 N. Grandview Ave.
Grandview Milk Honse. Delmer O'Hea
620 S. Grandview Ave.
Happy's Place, P.M.S.T.,
2323 Rockdale Rd.
Honse of China, lma I. Yuan,
1701. F.Kennedy Rd.
lOCO Speede Shoppe, Iowa Oil
Company, 3200 Central Ave.
lOCO Speede Shoppe, Iowa Oil
Company, 1998 Jackson S~
lOCO Speede Shoppe, Iowa Oil
Company, 1387 Dodge S~
lOCO Speede Shoppe, Iowa Oil
Company, 1481 Dodge S~
lOCO Speede Shoppe, Iowa Oil
Company, 3250 Dodge S~
lOCO Speede Shoppe, Iowa Oil
Company, 2335 University Ave.
Kennedy's Tap, Marvel Kennedy,
3453 lackson
KWIK STOP FOOD MART, Rainho Oil
Company, 2360 Central Ave.
KWIK STOP FOOD MART, Rainho Oil
Company, 1075 Dndge S~
KWIK STOP FOOD MART, Rainbo Oil
Company, 2297 University Ave.
KWIK STOP FOOD MART, Rainho Oil
Company, 2255 Keeper Blvd.
Long Yuen Chinese Restauran~
Sam Wei Chiu/lun Hong Zhau,
2600 Dodge S~
Lucky "13" Tap, Clara L Johnson,
385 East 13th S~
Marrin Oil of Dubuque, Pride Service,
Inn., 280 Locust St
..""""
Marrin Automagic Carwash, Pride
Service. Inn., 2167 Central Ave.
McCann's lOCO, McCann's Secvice, Inc.,
690 W. Locnst S~
Miracle Car Wash, Ron/Betty Pothoff,
3199 Univ.mty Ave.
Miracle Car Wash, Ron/Betty Pothoff,
255 Locust S~
Murph's South End Tap, Laura A.
Murphy, 55 LocDSt S~
Oky Doky *15,1ena, Inc.,
1545 S. Grandview Ave.
Oky Doky #19, Robert 1. Breitbach,
51 West 32nd S~
Oky Doky Fonds *14, Kristina L.
Chapman, 1050 University Ave.
Palmer Drug Co.. Palmer Drug Co..
2600 Dodge St
Paul's Tavern, Wayne Schollmeyer,
176 LocDSt St
Quick Clean Laundry, C. Clark, 1614
Lincoln Ave.
Sfikas Restauran~ Grandma'sPantty, Inc.,
401 Central Ave
Sid's Beverage Inc., Beverly Miller,
2727 Dodge S~
Sunshine Mart of Duhuque, Lid.,
430 Rhomberg Ave.
Target Store *86, Dayton Hndson Corp..
3500 Dodge S~
Walgreen Co., Walgreen Co., 555 I. F.
Kennedy Rd.
Wareco 11662, Wareco System of Iowa,
700 Rhomberg Ave.
West LocDSt Mart, Lee W. Potter, Sr..
408 West LocDSt S~
White House Tavern, David H. Hoffman,
450 West LocDSt St
Regular Session, June 18, 1990
Whi1ey's Bar-x, LeRoy Miller,
2616 Windsor Ave.
WindJar Milk Honse, Loren Zihlke,
2311 Windsor Ave.
Windsor Tap, Eagle Point Taveco,
LId.,24O1 Windsor Ave.
F.W. Woolworth Co,
555 I. F. Kennedy Rd.
Cy-Care Plaza, Vendors Unlimited',
Town Clock Plaza
luIien Motor Inn, Vendors Unlimited,
200 Main S~
Lonu College Snack Bar, Vendors
Unlimited, 1450 Alta Vista S~
Sunny Crest Manor, Vendors Unlimited,
2375 Roosevelt S~
Super "8" Motel, Vendors Unlimited,
Highway 20 West
U of Dubuque Student Union, Vendors
Unlimited, 2050 University Ave.
A '" B Tap, Sandrs Zirlrelhack. MyCap,
2600 Central Ave.
American Legion, Dubuque P06t 6,
MyCap, 1305 Delhi S~
Aragon Tap, Stanley Wondman Sr.,
MyCap, 1103 Iowa S~
Barge, The, Robert Kelù, MyCap,
2nd Street Harbor
Beanie's Cafe, BurcbetteiDuMe, MyCap,
1400 Central Ave.
Bob's, Bob Heires, MyCap,
1445 Central Ave.
Botsy's, Indy Botsford, MyCap,
1027 Rhomberg Ave.
Chi-Chi's, Chi-Chi's Mexican Res~
MyCap, 800 Wacker Drive
Civic Center '76, Dave Adams, MyCap,
5th and Loenst S~
361
Demetri's Restauran~ lames Kachevas,
Inn., MyCap, 665 Dodge St
Denny's Lux Club, Beverly Larson,
MyCap, 3050 Aabury Rd.
Dog Honse Lounge, Robert Leytem,
MyCap, 1646 Aabury Rd.
Dottie's Cafe, Dorothy Thomas, MyCap,
504 Central Ave.
Dubuque Golf '" Coontty Club, MyCap,
1800 Randall Place
Dubuque 1M-Best Western, MyCap,
3434 Dodge S~
Dubuque Mining Company, Apartments
Lid., MyCap, Kennedy Mall
FratemaI Otder of Eagles 11568, MyCap,
1175 Century Dr.
Grand Tap, The, Kohl/Love, MyCap,
802 Central Ave.
Ground Roond, Ground Round, Inc.,
MyCap, 50 I. F. Kennedy Rd.
HanI TImes Bar, Angie Mangeno,
MyCap, 1401 Elm St
Heartland Inn, MyCap, 4025 Dodge S~
Holiday Inn Motel, MyCap,
1111 Dodge S~
Idle Hour, leannine Kersch, MyCap,
1555 Central Ave.
Imperial Lanes, Key City Bowling, Inc.,
MyCap, 3505 Stoneman Rd.
lim's Web,lim Webb, MyCap,
2093 Washington S~
KeMel Club, Parricia A. Humke, MyCap,
1097 lackson S~
King of Clubs, Sheryl AM Shireman,
MyCap, 1902 Central Ave.
Magoo's, Ron McDonald/M. Tigges,
MyCap, 2417 Rhomberg Ave.
#*'"
362
Maid-Rite, Jeanne Webec, MyCap,
115 West 11th S~
Regular session, June 18, 1990
Passed, appmved and adopted this 18th
day of lune 1990.
lames E. Brady
Mayor
Midway Motor Lodge, MyCap,
3100 Dodge S~
Mike's Ten Pin Tap, Mike
MyCap, 601 Rhomberg Ave.
Moracco Suppec Club, MyCap,
1413 Rockdale Road
Ms. Pat's, MyCap, 16th S~ Extension
Myers-Cox Co., MyCap. 175 W. 32nd S~
P.I.'s, P.Scha11ec/l.Uoyd, MyCap,
500 Rhomberg
Weber,
Paradise Lounge, Donna & Kays, Inc..
MyCap, 1602 Central
Park Square Tavern, Debrs George,
MyCap, 600 Central
Pelican Pier, Big Rivec Boa~ MyCap,
Dbq. Yacht Basin
perldns Restauran~ MyCap,
3500 Dodge S~
Scbmby's, Perron's Entetprises, MyCap,
1121 Univecsity
Silver Dollar, Donna Ginter, MyCap.
342 Main
The Tollbridge Inn, Eagle ~ Asso.,
MyCap, 2800 Rhomberg
Town Clock Inn, Stephanie Nelson,
MyCap, Town Clock Plaza
West Duhuque Tap, Donna Ginter,
MyCap. 1701 Asbury
United Auto Workers Loc.1#94, MyCap,
3450 Central
Whiskey River, G. Kuperschmid~ MyCsp,
1064 University
Yatdarrn, Keith Kann, MyCap,
Eagle Point
Ye Old Brunswick, Joyce Lorenz, MyCap,
3203 lackson
Attest:
Mary A Davis
City Clerk
Council Membec Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays-None. Ahsent-Council Members
Heckmann, ~
RFSQLUTION NO. 259-90
Wbeceas, ApplicatiODS for Beer Pennits
have been submitted and med to this Council
for appmval and the same have been
examined and approved; and
Wbereas, The premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have med 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 Beer Penni~
CLASS "BE" BEER PERMITS
Hy-Vee Fond Stores, Inc.,(Sunday Sales)
3500 Dodge SL
CLASS"WBEERPER~
Vernon Leo Meyer, Meyer's Tavern,
530 East 220d S~
CLASS "CO BEER PERMIT
Palmer Drug Co., Grandview Drug
(Sunday Sales), 486 N. Grandview Ave
Passed, appmved and adopted this 18th
day of luge 1990.
James E. Brady
Mayor
Regular Session, June 18, 1990
Atteat:
Mary A Davis
CityC1erk
Council Member Kluesner moved adop-
lion of the Resolulion. Seconded by Council
Memhec Deich. Carried by the following
vote; Yeas-Mayor Brady, Council Membecs
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Ahsent-Council Members
Heckmann, ~
RESOLUTION NO, 260.90
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the aame 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
med 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 issned the following named applicants
a Liquor License.
CLASS "A" (CLUB) BEER AND
LIQUOR LICENSE
Loyal Order of Moose, Dubuque Lodge
'355, (Sunday Sales),I166 Main S~
CLASS "CO (COMMERCIAL) BEER
AND LIQUOR LICENSE
American Legion Poot 6, (Sunday Sales),
1306 Delhi S~
Creslanes Bowling, Jnc., (Sunday Sales),
255 S. Main SL
lames R. Ferring, Dubuque Bowling
Lanes, 1029 1/2 Main S~
Fischer Bowling Lanes, (Sunday Sales),
880 LocUli S~
Peggy Scha11er/loAnn Uoyd, P.I.'s Tap
500 Rbemberg Ave
Eugene I.JCatherine A. Bechen,
Gene's Main S~ Tap, 1007 Main S~
Carolyn K. Fonck, Channel Inn,
(Sunday Sales) 2010 Kerper Blvd.
Marvel!. Kennedy, Kennedy's Tap.
3453 lackson SL
Roo McDonaIdiMilœ Tigges, Magro's
(Sunday Sales), 2417 Rhomberg Ave.
Eugene Arthur Otting, The Dip Tap,
161#9 Elm S~
Michael I. Sawvell, Butter's Bar,
1700 Central Ave.
Passed, approved and adopted this 18th
day of lune 1990.
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Memhec Deich. Carried by the following
vote: Yeas-Mayor Blady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Ahsent-Council Members
Heckmann, ~
MINU1ES SUBMITIED - Housing Code
Appeals Board of 5-23; Honsing Commis-
sion of 5-9; Human Rights Commission of 5-
14; Library Boatd of Trnstees if 5-24;
Transit Board of 5-10; Zoning Board of
Adjusbnent of 4-26, presented and read.
Council Member Voetberg moved that the
minutes be received and med. Seconded by
Council Member Nicholson. Carried hy the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Kluesner, Nicholson,
Voetberg. Nays-None. Ahsent-Council
Membecs Heckmann, Pratt
NOTICES OF CLAIMS/SUITS - loyce
Haverland in es~ ~ of $437.93 for vehicle
damages; lanet Kirkpatrick in am~ of
$ I 84.07 for tire damages; Cynthia I. Kolf in
es~ ~ of $241.89 for velùcle damages;
David E. Orr in unknown amount for car
damages; Roger Regan in unknown amount
for personal injuries; Eileen Rimec in
amount of $15.75 for car damages; lulie
Rubel in amount ofS15.75 for car damages;
Erwin Vierlcant in amount of $17.32 for
property damages, presented and read.
Council Member Voetherg moved that the
claims/suits be refecred to Legal Staff for
363
Regular SeSSion, June 18, 1990
invesligalion and report. Seoonded by of the Police Department for the position of
Council Member Nicholson. Carried by the Police Lieutenan~
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Kluesner, Nicholson, We herehy cerlify that the following
Voetberg. Nays-None. Absent-Council members of the Dubuque Police Department
Membecs Heckmann, Pratt have succellfully passed the written pro-
motional examination and proroolions within
Cornmnnications of Corporation Counsel the Police Department for the position of
advising of closure/denial of Car damage Police Lieutenant shall be made from the
claim of Marlin Heim; Car damage claim of following lis~
Chad Obecbmeckling; Falltpersonal injury
claim of lohn Schulz, presented and read.
Council Member Voetherg moved that the I
commnnicalions be received and filed and
approved recommendations. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Kluesner, Nicholsoo,
Voetberg. Nays-None. Absent-Council
Members Heckmann, Pratt
Commnniearion of Corporation Counsel
submitting a copy of a Pm So Complaint and
Order in the case of David Munz vs. MaDSs,
et ai, prescoted and read. Council Membec
Voetberg moved that the commnnication be
received and med. Seconded by Council
Membec Nicholson. Carried by the following
vote: Y cas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Absent-Council Members
Heckmann, Pratt,
Commnnication of Corporation Counsel
recommending settlement of car damage
claim of Karen Omori in the amount of
$141.20, presented and read. Council
Membec Voetbecg moved that the commun-
icalion be received and med and approved
recommendation and Finance Director to
illue proper check. Seconded by Council
Membec Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetbezg.
Nays-None. Aboent-Council Members
Heckmann, Pratt.
364
lone 4, 1990
Honorable Mayor and
Membecs of the City Council
In accordance with Chapter 400 of the
1989 Code of Iowa, as amended, the Civil
Service Commission conducted Pmmotional
Examinations on May 16, 1990 for members
POLICE LIEUTENANT
Terrance Tobin
Larry Verdick
Paula Giesernan
Robert Flannery
Thoroas N. Raschke
Charles Swanton
Robert Prine
lobo Stevens
Kyle lohnson
William Davis
Kevin McTague
Thoroas Schmeichel,
Sr.
Respectfully submined,
Gerald I. Koppes, Chairman
Robert Miller
Pat Dillon
Civil Secvice Commission
Council Membec Voetberg moved that the
commnnication be received and med and be
made matter of record. Seconded by Council
Membec Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Kluesner, Nicholson, Voetherg.
Nays-Council Member Deich.
Abscnt-Council Membecs Heckmann, Pratt.
Petition of Dubuque Symphony Orchestra
requesting permission to conduct their Sixth
Annual Labor Day Weekend Pops Concert
on September 2. 1990 at the Hawthorne
Strœt Landing from 6 PM to 9:30 PM with
a short fireworks display to conclude the
even~ presented and read. Council Membec
Voetberg moved that the pelition be received
and med and request approved sul!ject to
implementation of the City Managec.
Seoonded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Ahsent-Council Membecs Heckmann, Pnott.
REFUNDS REQUES1ED - Thomas R.
Crawford, $211.25 on unexpired liquor
License and Donna Ginter, $225.00 on
unexpired Beer Permi~, presented and read.
Council Member Voetberg moved that the
Regular Session, June 18,1990
365
commnnication be received and med and
refunds appoved with Finance Director to
issue the pmper cbeek. Seconded by Council
Member Nichobon. Canied by the following
vote: Yeas-Mayor Brady, Council Membecs
Deicb. Klues_. Nicholson, Voetberg.
Nays--None. Ahsenl-Council Members
Heckmann, Pratt.
Proof of Publication on List of aaims
paid for month of April, 1990, ¡nsented and
read. Cooncil Member Council Member
Voetberg moved that the proof be received
and med. Seconded by Council Member
Nicholson. CarIied by the following vote:
Yess--Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voethecg.
Nays--None. Ahsenl-Council Members
Heckmann, Pratt.
Commnnication of Ralph WatkiDSsubmit-
ting IDa resignation from Dubuque Human
Rights Commission effective immediately,
presented and read. Council Member
Voetberg moved that the commnnication be
received and med and resignatioo aocepted
with regre~ Seconded hy Council Member
Nicholson. Carried by the following vote:
Yess--Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Ahsent-Council Members
Heckmann, ~
Cornmnniearion of Laura Carstens, city
employee, requesting permission to parti-
cipate in the Seclion 8 and Renlal Rehabi-
litation Programs, presented and read.
Council Member Voetberg moved that the
commnnication be received and med and
request approved. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor BDldy, Council Membecs
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Ahsenl-Council Members
Heckmann, ~
Commnnication of Attoroey lames
Schil1ing requesting to grant a puhlic ulility
casement to the City regarding Patricia Ann
Acres Subdivision No.2 (D. lames Edwards,
subdivider), presented and read. Council
Member Voetherg moved that the communi-
cation be received and med and matter
refecred to the City Manager. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson, Voetberg. Nays-None.
Absent-Council Membecs Heckmann, Pran.
Cornmnnication of Planning &: Zoning
Commiasion approving final plat of Lot 3,
South Park Addition located at Northwest
comer of Twin Valley Drive and Highway
61, ¡nsented and read. Council Member
Voetberg moved that the commnnication be
received and med. Seconded by Council
Membec Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Membecs
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Ahsen>----Council Members
Heckmann, Pratt.
RESOLUTION NO. 261-90
A RESOLUTION AUTIlORlZING
APPROVING TIlE FINAL PLAT OF
LOT 3 OF SOUTII PARK ADDITION
*1, IN TIlE CITY OF DUBUQUE,
IOWA.
Whereas, there has been med with the
City aerl< a final plat of Lot 3 of South
Park Addition *1, in the City of Dubuque,
Iowa; and
Whereas, said final plat has been
examined by the City Planning and Zoning
Conmiasion and had its approval endorsed
thereon; and
Whereas, said final plat has been approved
by the City Planning and Zoning Commis-
sion 00 the condilion that a) sidewalks sball
be built to City standards, b) all driveways
shall be installed to City standards, and c) all
ulilities shall be placed underground
wherever possible.
Whereas, said final plat has been
examined by the City Council and the City
Council finds that the same conforms to the
statutes and ordinances relaling thereto.
Whereas, the City Council concurs in the
cooditioo of approval established by the City
Planning and Zoning Commission.
NOW, THEREFORE,BEITRESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
SecI.Ion L That the ahove>-described final
plat be and the same is hereby approved and
.-'
Regular Session, June 18, 1990
voetberg moved that the commnnication be
received and med. Seconded by Council
Membec Nicholson. Carried by the following
vote: Yeas-Mayor Brsdy, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Ahsent--Council Members
Heckmann, Pratt.
RESOLUTION NO. 262.90
A RESOLUTION APPROVING TIlE
FINAL PLAT OF WILSON
BROTHERS PLACE IN TIlE CITY
OF DUBUQUE,10WA.
Wbeceas, there has been filed with the
City Clerk a final plat of Wilson Brothers
Place in the City of Dubuque, Iowa; and
Wbeceas, said final plat has been
examined by the City Planning and Zoning
Connnillion on the condition that a) plans be
submitted showing where outdoor auto-
mobile storage loll will be located, and b)
outdoor automobile storage loll will be hard-
surfaced.
Wbeceas, said final plat has been
examined by the City Council and they find
that the same conforms to the statutes and
ordinances relating thereto.
Wbereas, the City Council concurs in the
condilions of approval establisbed by the
City Planning and Zoning Connnission.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1. That the above-described final
plat be and the same is heteby approved and
the Mayor and City Clerk are bereby autho-
rized 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 written acceptance heteto
attached. ackoowledging and agreeing:
A) Plans be submitted showing where out-
door automobile storage lots will be located.
B) Outdoor automobile storage lots will be
hard surfaced.
Se<tlon 2. That in the event the owner
fails to execute the acceptance provided for
366
the Mayor and City Clerk are hereby autho-
rized and directed to endorse the approval of
the City of Dubuque upon said final plat pr0-
vided that the owner of said property shall
execute a written acceptance h=to attacbed,
acknowledging and agreeing:
a) sidewalks shall be built to City
standards required;
b) all driveways shall be installed to City
standards;
c) all utilities shall be placed underground
wherever possible.
Section 1. That in the event the owner
fails to execute the acceptance provided for
in Seclion I herein wiúùn 45 days after the
date of this resolution, the provisions herein
shall be null and void and the approval of
the plat shall not be effective.
Passed, approved and adopted this 18th
day of lune, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION NO,
261.90
i, the und=igned, A.I. Spiegel, having
read the termS and condilions of Resolution
No. 261-90 and being familiar with the con-
dilions thereof, hereby accept the same and
agree to the conditions required therein.
Dated at Dubuque, Iowa, this 19th day of
June, 1990.
By: AJ. Spiegel
Council Membec Voetberg moved adop-
lion of the Resolution. Seconded hy Council
Membec Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Absent-Council Members
Heckmann, Pratt.
Communication of Planning 8< Zoning
Connnillion approving final plat of Wilson
Brothers Place located at 90 Kennedy Rosd,
presented and read. Council Member
R~ular Session, June 18, 1990
367
in Section 1 herein within 45 days after the
date of this resolution, the provisions herein
shall be null and void and the approval of
the plat shall not be effective.
Passed, approved and adopted this 18th
day of lune, 1990.
Attest:
Mary A Davis
City Clerk
lames E. Brsdy
Mayor
ACCEPTANCE OF RESOLUTION NO.
261-90
We, the undersigned, Marion Reslity,
having read the terms and conditions of
Resolution No. 262-90 and being familiar
with the conditions thereof, hereby accept
the same and agree to the conditions
required therein.
Dated at Dubuque, Iowa, this 2111 day of
lone, 1990.
By: Eugene I. Wilson
MarionRcalty
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Nicholson. Carried hy the following
vote: Yeas-Mayor Brsdy, Cooncil Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Absent-Council Members
Heckmann, ~
CommnniearionœCityManager~
mending approval of Funding Agreement
between the City of Dubuque and Project
Concem¡phone-A-Friend, Inc. for Fiscal
Year 1991, presented and read. Council
Member Voctberg moved that the commun-
ication be received and ffied. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Kluesner, Nicholson,
Voetheq¡. Nays-None. Ahsent-Council
Members Heckmann, Pran.
RESOLUTION NO. 263.90
A RESOLUTION APPROVING A
FUNDING AGREEMENT BElWEEN
TIlE CITY OF DUBUQUE AND TIlE
PROJECT CONCERNIPHONE-A-
FRŒND, INC. AND AUTHORIZING
AND DIRECTING TIlE CITY
MANAGER TO EXECU"IE SAID
AGREEMENT ON BEHALF OF TIlE
CITY OF DUBUQUE, IOWA.
Whereas, the City of Dubuque, has
negoliated with the Project Concem,lPhone-
A-Friend, Inn. to continue to provide for
services that will aid the City of Dubuque in
meeting the social and economic needs of
low and moderate incorne persons and the
long-term employed; and
Wbereas, the terms and conditions under
which Project Concem,lPhone-A-Friend, Inc.
will be funded for providing the ahove-
described services are set forth in the
Funding Agreemen~ a copy of which Agree-
ment is heceto attached and by this reference
made a pan hereof.
NOW, TIlEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Sec:tI... 1, That the attached FUnding
Agreement hy and between the City of
Dubuque, Iowa and Project Concem,lPhone-
A-Friend, Inc. be and the same is hereby
approved.
Sec:tlon 2. That the City Manager be and
he is hereby authorized and directed to
execute said Agreement for and on behalf of
the City of Dubuque.
Passed, approved and adopted this 18th
dayofJune, 1990.
Atteat:
Mary A Davis
City CIerI:
lames E. Brady
Mayor
Council Member Voctberg moved adop-
tion of !he Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voctberg.
Nays--None. Ahsent-Council Members
Heckmann, Pratt.
Commnnication of City Managec recom-
mending acceptance of Reconditioning of the
2.4 MMG Aabury Water Storage Tank pro-
jec~ presented and read. Conncil Member
Voctberg moved that the commonication be
368
R4I9.ular Session, June 18, 1990
received and med. Seconded by Council
Membec Nicholson. Carried hy the following
vote: Yeas-Mayor Brady, Council Membecs
Deich, Kluesnec, Nicholson, Voetbecg.
Nays--None. Ahsent-Council Members
Heckmann, Prstt
RFSOLUTION NO, 264-90
ACCEPTING IMPROVEMENT
Wbereas, the contraCt for Repair and
Painling of 2.4 MMG Asbury Water Stonge
Tank has been completed and the City's
CODIultan~ AEC Engineers, has recom-
mended acceptance of the project
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager and AEC Engineers be
approved and that said improvement be
accepted.
Passed, approved and adopted this 18th
day of lune, 1990.
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Membec Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Absent-Council Members
Heckmann, Pr~
RFSOLUTION NO. 265.90
FINAL ESTIMATE
Wbereas, the contraCt for Repair and
Painting of 2.4 MMG Asbury Water Stonge
Tank has been completed and the City's
consultant has submitted the final eslimate
showing the cost thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,10WA:
Section 1, That the cost of said
improvement is herehy detennined to be
$196,795.
Section 2. That the final payment of
$11,417 be paid to Odland protective
Coatings from funds in the Water Division's
FY90 C1P Budge~
Paased, approved and adopted this 18th
day of June, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Oerk
Council Member Voetberg moved adop-
lion of the Resolution. Seconded by Council
Membec Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays-None. Aboent-Council Members
Heckmann, Prstt
Commonication of City Manager recom-
mending acceptance of Relocation of the 30"
Sanitary Sewer Force Main project required
as a result of the Highway 61 construction
through the City, presented and read. Council
Membec Voetberg moved that the commoni-
cation be received and filed. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Kluesner, Nicholson,
Voetberg. Nays-None. Absent-Council
Members Heckmann, Pratt
RFSOLUT10N NO. 26/i-90
ACCEI'fING IMPROVEMENT
Wbereas, the cootraCt for the Relocation
of Existing 30" Force Main from 4th and
Central to 3rd and Iowa has been completed
and the City Manager has examined the
work and med his certificate staling that the
same has been completed according to the
termS of the conttaCt, plans and specifi-
cations and recommends it acceptance.
NOW, THEREFORE, BE IT RESOLVED
BY THE mY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Treasurer be and he is hereby directed
to pay to the contraCtor from the Street
Regular Session, June 18, 1990
Construction Fund in amount eqnal to the
amount of his conttaCt, less any retained
percentage provided for themin.
Paased, approved and adopted this 18th
day of lune, 1990.
Attest:
Mary A Davis
CityOeri:
lames E. Brady
Mayor
Council Member Voetberg moved ad0p-
tion of the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Ahsen<--Council Members
Heckmann, Prstt
RFSOLUTION NO, 267-90
FINAL ESTIMATE
Whereas, the COOIract for the Relocation
of Existing 30" Force Main from 4th and
Central to 3rd and Jowa 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 miscellaneoos COlts;
NOW, THEREFORE,BEITRESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the COlt of said improve-
ment is hereby detennined to be $113,557.63
and the said amount shall be paid from the
Street Construction Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 18th
day of lune, 1990.
Atteat:
Mary A Davis
City Oerk
lames E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolulion. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesnec, Nicholson, Voetberg.
Nays--None. Absen>---Council Members
Heckmann, ~
369
Petition of Attorney David Leilker, on
behalf of Cathedral Gardens Development
COft1>any, requesting the designation of
Urban Revitalization Area for the former S~
RaphaeI Cathednù convent building, pre-
sented and read. Council Member Voetbecg
moved that the petilion be refecred to the
City Manager. Seconded by Council Member
Nicholson. Carried by the following vote:
Yess--Mayor Brady, Council Members
Deich, Klues_, Nicholson, Voetberg.
Nays--None. Ahsen<--Council Members
Heckmann, ~
Commonication of Lawrenoe Madsen
offering to give a portion of his land to the
City which is joined with and to become a
pan of Four Mounds Park under the present
lease to the Four Mounds Foundation, pre-
sented and read. Council Member Voetberg
moved that the communication be refecred to
the Legal Staff. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Voetberg.
Nays-None. Ahsen<--Council Members
Heckmann, ~
Petition of owners and operators of small
sh0 >8 in the Fourth Street Cable Car area
requesting City provide adequate directional
signage indicating their area, presented and
read. Council Member Voetberg moved that
the petition be refecred to the City Manager.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Voetherg. Nays-None.
Ahsent-<:ouncil Membecs Heckmann, Pran.
There being no further bDSinell, Council
Member Kluesner moved to adjoum the
meeling. Seconded by Council Member
Nicholson. Carried by the following vote:
Yess--Mayor Brady, Council Members
Deich, Kluesne<, Nicholson, Voetberg.
Nays--None. Ahsen<--Council Members
Heckmann, ~
Meeting adjourned 10:47 p.m.
Mary A Davis
City Oerk
Approved ~ / 1991.
Adopted~ 1991.
-~ ~ - ~-
Attea~ 11 ~
CityC1erk
Special SeSSion, June 25,1990
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, lune 25, 1990.
Council met at 4:00 p.m., Public Library
Auditorium.
Present: Council Members Dolch,
Heckmann, Kluesner, Nicholson, Vœtberg,
City Managec W. Kenneth Gear~
COlponIJion Counsel Barry A. Lindahl.
Ahsent: Council Member Pratt.
Absent at Roll Call: Mayor Brady.
Due to ahsence of Mayor Brady and
Mayor Pm-Tem ~ City Cierk Davis
ca11ed meeting to order. Council Member
Kluesner moved that Council Member
Vœtberg appointed as Acling Mayor Pm-
Tem. Seconded by Council Member
Heckmann. Carried by the following vote:
Yess--Mayor Pm-Tem Voetberg, Council
Members Deich, Heckmann, Klues_,
Nich&son. N~s-~ne. Absenc-M~or
Brady, Council Member Pratt.
Appointed Mayor Pro-Tern Vœtberg read
the cali and stated this is a Special Session
of the City Council calied for the purpose to
make appoinbnents to Zoning Commillion
and Long Range Planning Commission and
acting upon such other businell which may
properly corne before the Council.
Commonication of Planning and Zoning
Commission advising of their approval of
final plats for Embassy West #2, presented
and read. Council Member Kluesner moved
that the commonication be received and
med. Seconded by Council Member
Heckmann. Carried by the following vote:
Yeas-Mayor Pm-Tem Vœtherg, Council
Members Deich, Heckmann, Kluesuer,
Nicholson. Nays-None. Absent-Mayor
Brady, Council Member ~
RESOLUTION NO. 268-90
A RESOLUTION APPROVING TIlE
FINAL PLAT OF LOT I-E OF
EMBASSY WEST IN TIlE CITY OF
DUBUQUE, IOWA.
371
Whereas, there has been med with the
City Cieri< a final plat of Lot I-E of
Embassy Wes~ in the City of Dubuque,
Iowa; and
Whereas, said final plat has been
examined by the City Planning and Zoning
Commission and had its approval endorsed
thereon; and
Whereas, said final plat has been
examined by the City Council and the City
Council finds that the same confonns to the
statutes and ordinances relating thereto.
NOW, THEREFoRE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CI1Y
OF DUBUQUE, IOWA:
Sec:tlou I. That the final plat of Lot I-E
of Embassy Wes~ in the City of Dubuque,
Iowa, be and the same is hereby approved
and the Mayor and City Cierk are hereby
authmi:red and directed to endorse the
approval of the City of Dubuque upon said
final pla~
Passed, approved and adopted this 25th
dayofJune, 1990.
Attest:
Mary A. Davis
City Oerk
lames E. Brady
Mayor
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Pm-Tem Vœtberg,
Council Members Deich, Heckmann,
Kluesner, Nicbolson. Nays-None.
Absent-Mayor Brady, Council Member
Pratt.
RESOLUTION NO. 269-90
A RESOLUTION APPROVING TIlE
FINAL PLAT OF EMBASSY WEST
NO.2 IN TIlE CITY OF DUBUQUE,
IOWA.
Whereas, there has been med with the
City Cierk a final plat of Embassy West No.
2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appesr
S!reets to be known as Camelot Drive and
Colonel Drive, together with certain public
utility easements which the Owners by said
final plat have dedicated to the public
forever, and
Whereas, said final plat has been
examined by the City Planning and Zoning
.,'
372
S )IIclal Session, June 25, 1990
Conunission and had its appmval endorsed
thereon; and
Wbeceas, said final plat has been
examined by the City Council and they find
that the same conforms to the statUtes and
ordinances telaling thereto, except that no
public ulililies or streets have yet been
installed;
Whereas, the City Council concurs in the
conditions of approval establisbed by the
City Planning and Zoning Conuni..ion.
NOW, THEREFORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedications of
Camelot Drive and Colonel Drive, together
with the easements for public utilities as the
same appear upon said final pla~ be and the
same are heteby accepted; and
SedInn 2. That the plat of Emhassy West
No.2 he and the same is heteby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
said final pla~ provided the owners of said
property herein named, execute their written
acoeptance hereto attached agreeing:
a. To teduce all streets to grade and to
construct concrete curb and gutter and to
hard surface with concrete, or with concrete
paving with integral curb, all in accordance
with the City of Dubuque standard specifi-
cations;
b. To install sanital)' sewer mains and
sewer service laterals in accordance with
plans submitted with the plat;
c. To install water mains and water
service tatetals in accordance with plans
submitted with the pla~
d. To install storm sewers and catch
basins in accordance with plans submitted
with the plat;
e. To install concrete sidewalks as
requited by Ordinances, and whete directed
by the City Engineer and the City Manager,
f. To install houlevard street lighling in
accordance with City specifications;
g. To construct the foregoing improve-
ments in accordance with plans and speci-
fications approved by the City Manager,
under the inspection of the City Engineer,
and in a manner approved by the City
Manager,
b. To cons!rUct said improvements, except
sidewalks, prior to two years from the date
of acceptance of this teSolution;
i. To maintain the foregoing improve-
ments for a perind of two (2) years from the
date of their acoeptance by the City of
Dubuque, Iowa; -
j. To install temporary cul-de-sacs to City
specifications at the end of hoth Camelot and
Colonel Drives and maintain them until
second accesses from hoth streets Ite
developed to City standards.
k. To provide the foregoing construction
and maintenance at the sole expense of the
subdivider, as owner, or futute owner,
l. That the final owner of lots install
conctete sidewalks to City standards within
one year of the complelion of structUte on
lo~
And furthec provided that said Westside
Development Associates, as owners of said
subdivision, secure the performance of the
foregoing conditions by providing security in
such form and with such surelies as may be
acoeptabIe to the City Manager.
Seetlnn 3, That in the event Westside
Development Associates shall fail to execute
the acceptance and furnish the security
provided in Seclion 2 hereof within forty-
five (45) days after the date of the
Resolulion, 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 25th
day of June, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEYfANCE OF RESOLUTION NO.
269.90
We, the undersigned, Westside Develop-
ment Associates, having read the tenns and
conditions of Resolulion No. 269-90 and
being familiar with the conditions thereof,
heteby acoept the same and agree to the
conditions required therein.
Special SeSSion, June 25, 1990
Dated at Duhuque, Iowa, this 1st day of I Adopted, without arneodmen~ and all
AugDS~ 1990. objeclions med or made having been dully
considered are overruled.
Passed, approved and adopted this 25th
day of lune, 1990.
lames E. Brady
Mayor
Attest:
Mary A Davis
City Clerk
By: Loras Pape
Westaide Development
AlIOciates
TO: Mary A Davis
City Clerk
Thia is to cerlify that the security required
for the foregoing Resololion No. 269-90 has
been properly furnished.
Dated this 6th day of AUgDS~ 1990.
By: W. KeMeth Gear~
City Manager
Council Member Kluemer moved adop-
lion of the Resolution. Seconded by Council
Membec Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Pm-Tem Voetberg,
Council Members Deich, Heeltmann,
Kluesner, Nicholson. Nays-None.
Ahsent-Mayor Bl1Idy, Council Member
Pratt
Mayor Brady entered Council Chambers
at 4:29 p.m.
RESOLUTION NO. 270-90
RESOLUTION WITII RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 1990
ASPHALT PAVING PROJECT.
Whereas, the City Council has preposed
a Resolution of Necessity for the 1990
Asphalt Paving Proj~ has given notice of
the public hearing thereon as required by
law; and
Whereas, the public hearing has been
held, all persons offering objections have
been heard and considerslion given to all
objections and is pending before this
Council; and
Whereas, this is the time and place set as
provided for the taking of action on the pr0-
posed Resolution of Necessity.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, JOWA AS FOLLOWS:
That the proposed Resolution of Necessity
described above is hereby:
Council Member Heckmann moved ad0p-
tion of the Resolution. Seconded by Council
Membec Voetherg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Voetherg. Nays-None. Absent-Council
Membec Pran.
RESOLUTION NO, 271-90
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the 1990 Asphalt Paving Project is
hereby ordered to be advertised for bids for
construction.
BE IT FURTIIER RESOLVED, that the
amount of the security to accompany each
bid sball be in an amount which sball
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the conStruction of the
improvements herein provided, to be pub-
lisbed in a newspaper having general circu-
lation in the City of Dubuque, Iowa, which
notice sball not be Ie.. than four days nor
IIlOte than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 10th day of
luly, 1990. Bids sball be opened and read
hy the City Clerk at said time and will be
submitted to the Council for final action at
7:30 p.m. on the 16th day of luly, 1990.
Passed, approved and adopted this 25th
dayofJune, 1990.
lames E. Bl1Idy
Mayor
Attest:
Mary A Davis
City Clerk
Council Member Heckmann moved ad0p-
tion of the Resolution. Seconded by Council
Membec Voetberg. Carlied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
373
Regular Session, July 2, 1990
374
Voetberg. Nays-None. Ahaent-Council
Mernbec Pratt
Council Member Kluesnec left Council
Chambecs at 4:35 p.m.
4:36 p.m. Council recelled to conduct
interviews for Zoning Commission and Long
Range Planning Commission.
ZONING COMMISSION (NEWLY
CREATED COMMISSION)
Applicants: Qyde H. Bateman, StephenF.
Hardie, David S. Harrig, lr., Paul "Keith"
Shearer, Denis Fabec, lr., Carl Heathcote,
Don Lochner, Thomas J. Manternach, ShaWl
P. Rane, Dorothy Fitch-Bregman, Troy M. '
Budde. Council conducted interviews with
ahove applicants.
6:36 p.m. Council n:convened. Upon vote
it was resolved that Zoning Commillion
appointments be as follows: David Hartig,
Dorothy Fitch-Bregman. and Shaun P. Kane
for 3 year tenns to expire 7-1-93; Don
Lochner and Carl Heathcote for 2 year terms
to expire 7-1-92; Stephen Hardie and Denis
Faber, Ir. for I year tenns to expire 7-1-91.
6:41 Council recessed to conduct inter-
views for Long Range Planning Commillion.
LONG RANGE PLANNING
COMMISSION (NEWLY CREATED
COMMISSION)
Applicants: Qyde It Bateman. Gail
Chavenelle, Carla T. Crahan, William M.
Gasper, lames J. Klauer, Thomas F.
McMahon, Paula M. Stenlund, Harold
McCormick, lames A Miller, leffrey P.
Mozena, Ruth Nash, Anna M. O'Shea, Usa
Ott, David W. RDSk, Denis Fabec, Jr.,
Donglas J. Horstmann.
10:21 p.m Council reconvened. Upon
vote it was resolved that Long Range
Planning Commillion appointments be as
follows: David RDSk and leffrey Mozena for
3 year terms to expire 7-1-93; Carla Crahan
and Harold McCormick for 2 year terms to
expire 7-1-92; Gail Chavenelleand lames A.
Miller for 1 year terms to expire 7-1-91.
There being no further businell, Council
Membec Voetberg moved that the meeting
adjourn. Seoonded by Council Membec
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Nicholson, Voetberg.
Nays--None. Ahsen>--Council Members
Kluesner, Pnon. Meeting adjourned at 10:36
p.m.
375
Dan Adams, Paul Gabrielson, Ann
Mundahl spoke supporting the rezoning
reques~
DUBUQUE
CITY COUNCIL
An Ordinance Amending Code of Ordi-
nances by reclassifying property located at
2421 University Avenue from R-I Single-
Family Residential District to OR Office
Residenlial District (Denied by P & Z - III
reading only given on 6-18-90), presented
for further action. Council Member
Heckmann moved that this be considered the
second reading only and there be limited
restricliODS. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Nicholson, Pnott,
Voetberg. Nays-None. Absent-CounciJ
Member Kluesner. Council Member
Heckmann moved that the public hearing be
recelled to luly 16, 1990. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Council Member Kluesner.
OFFICIAL
PROCEEDINGS
Regular Session, luly 2, 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Heckmann, Nicholson, Pratt,
Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Barry A.
LindahL
Absent: Council Member Kluesner.
Mayor Brady read the cali and stated this
is the ReguJar Monthly Meeting of the City
Council calied for the purpose to act upon
such bDSiness which may properly come
before the Council.
Council Members
Proof of Publication, cerlified to by the
Publisher, on Notice of Public Hearing to
adopt a Conceptual Development Plan for
the Pleasant View PR Distric~ presented and
read. There were no written ol!jections re-
ceived and no oral ol!jec- present at the
time of the Hearing. Council Member
Voetberg moved that the proof of publication
be received and med. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Nicholson,
Pratt, Voetberg. Nays-None.
Absent-Council Member Kluesner.
Atteat: a~
~Qerk
Jnvocalion was given by Robert Logan,
Elder at the Asbury Road Bible Chapel
PROCLAMATIONS: Monthofluly,l990
as "Month of the Tri-State Veterans'
Memorial" received by Harold Melloy; luJy
8-14 as "Elderhostel Week" received by Sr.
Anne Siegrist
Council Member Heckmann moved that
the rules be suspended to allow anyone
present to addrell the Council. Seconded by
Council Member Pratt Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Nicholson,
Pratt, Voetberg. Nays-None.
Absent-Council Member Kluesner.
An Ordinance Amending Code of Ordi-
nances by adopting a Conceptual Develop-
ment Plan for the Pleasant View PR Planned
Residenlial District on Pleasant View D\ive
in the City, (1st reading only given on 6-18-
90), presented for further action.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
coDSider rezoning property at 2421
University Avenue from R-I to OR District
and commonication of City Manager recom-
mending denial of request to rezone property
at 2421 University Avenue, presented and
read. Council Member Heckmann moved
that the proof and communication be
received and med. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Council
Member Kluesner.
Council Member Voetberg moved that the
rules be waived requiring an Ordinance to be
presented and read at two 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 Heckmann. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Nicholson,
Pratt, Voetberg. Nays-None.
Absent-Council Member Kluesner.