1990 August Council Proceedings
Regular Session, August 6, 1990
436
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, August 6, 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Mem-
bers Deich, Heckmaun, Kluesner, Nichol-
son, Pratt, Voetberg, City Manager W.
Kenneth Gearhart, Corporation Counsel
Barry A. Lindahl.
Mayor Brady read the call and stated
this session is the Regular MontWy
Meeting of the City Council called for the
purpose to act upon such business which
may properly come before the Council.
Invocation was given by Father Den-
nis JuW, Loras College Chaplain.
PROCLAMATIONS: Week of August
7 to 12th as "Dubuque County Fair
Week" received by 4-H King Brian Coates
and 4.H Queen Bonnie Krapf!;
Week of August 13th thro 19th as "Men-
tally Handicapped Health Week";
August 16th thro October 31st as
"United Way Carnpaigu Thue" received
by Tom Tully;
Weekend of September 7th thro 9th as
"34th Infantry Division Weekend" re-
ceived by Frank Paradiso.
Presentation of ACTION Acknowledge-
ment Certificate by Public Works Direc-
tor Frank Murray to City Employee Tom
Helling.
Community and Economic Director Jim
Burke made a presentation of Hard Hats
to the Council Members and staff.
Council Member Voetberg moved that
the rules be suspended to allow anyone
present to address the Council. Seconded
by Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider vacating a portion of Radford
Road between Chavenelle Road and the
Chicago, Central and Pacific Railroad
Tracks and also to conaider disposing said
property to Dubuque In-Futuro, Inc.;
Petition containing more than 300 sigua-
tures objecting to c1naing of Radford Road
(Presented at meeting of 7-16-90); Petition
of Carlton Jones opposing closing of Rad-
ford Road; Communication of Dubuque
County Supervisors endorsing vacating of
Radford Road and offering assistance
where needed; Petitions of Arvid H. Sacle
and Richard J. Kelly, Sr" objecting to
closing of portion of Radford for various
reasons; Communication of D.H. Buswell,
President of G.D.D.C. submitting Policy
Statement for Radford Road - Nord-
strom Project, presented and read.
Council Member Voetberg moved that
the proof of publication and the petitions
and communication be receivad and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Steve Hanson, V.P. of G.D.D.C. spoke
in favor of closing Radford Road. Jean
Breitsprecker and Arvid Saele spoke op-
posing the closing of Radford Road. Mark
Jobgen, Dubuque County Engineer,
stated the City will incur all costs that
may incur with the cul.de-sac creation.
Cindy Steffen and Walt McFadden spoke
opposing closing of Radford Road.
An Ordinance Vacating a portion of
Radford Road between Chavenelle Road
and the Chicago, Central and Pacific
Railroad Tracks, said Ordinance having
been presented and read at the Council
meeting of July 16, presented for final
action.
Council Member Voetberg movad final
adoption of the Ordinance. Seconded hy
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 58-90
AN ORDINANCE VACATING A
PORTION OF RADFORD ROAD
BETWEEN CHA VENELLE
ROAD AND THE CHICAGO,
CENTRAL AND PACIFIC
RAILROAD TRACKS.
Whereas, the City has proposed the
vacating of a portion of Radford Road be.
tween Chavenelle Road and the Chicago,
Central and Pacific Railroad Tracks; and
- - ------
437
Regular Session, August 6, 1990
Whereas, nw Associates, P.C" Du-
buque. Iowa, has prepared and submitted
to the City Council a plat showing the
vacated portion of Radford Road and
assigned a lot number thereof, which
hereinafter shall be known and deacrlbed
as Lot A of Dubuque IndustrIal Center
7th Addition and Lot A to Dubuque In-
dustrIal Center 5th Addition in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this portion of Radford Road known as
Lot A of Dubuque IndustrIal Center 7th
Addition and Lot A to Dubuque Indus-
trIal Center 5th Addition in the City of
Dubuque, Dubuque County, Iowa, is of no
benefit to the public. and should be
approved.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the real estate deacrlbed
as Lot A of Dubuque Industrial Center
7th Addition and Lot A to Dubuque In-
dustrial Center 5th Addition in the City
of Dubuque, Iowa, be and the same is
hereby vacated-
Passed. approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this lOth day of
August, 1990.
Mary A. Davis
City Clerk
It 8/10
RESOLUTION NO. 320-90
Whereas, pursuant to resolution and
publiabed notice of time and place of hear-
ing, published in the Telegraph Herold, a
newspaper of general circulation published
in the City of Dubuque, Iowa on 27th day
of July, 1990, the City Council of the City
of Dubuque met on the 6th day of August,
1990, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the
proposal for the sale of real estate de-
scribed as:
Lot A of Dubuque Industrial
Center 7th Addition and Lot A to
Dubuque IndustrIal Center 5th Ad-
dition in the City of Dubuque, Iowa
to Dubuque In-Futuro, Inc.; and
"'"
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written. to the proposal
to dispose of interest of the City of Du.
buque, Iowa in the hereinabove described
real estate of Dubuque In-Futuro, Inc.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section I. That the disposal of the in-
terest of the City of Dubuque, Dubuque
CollOty, Iowa in real property described
as Lot A of Dubuque Industrial Center
7th Addition and Lot A to Dubuque In-
dustrial Center 5th Addition in the City
of Dubuque, Iowa to Dubuque In-Futuro,
Inc. be and the saroe is hereby approved
for the sum of $1.00 and other good and
valuable consideration.
Section 2- That the Mayor be authorized
and directed to execute a Quit Claim
Deed, and the City Clerk be and is hereby
authorized and directed to deliver said
deed of conveyance to the above named
grantee upon receipt of the purchase price
in full.
Section 3- That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this Reaolution
in the Office of the City Assessor, Du-
buque County Recorder and the Dubuque
County Treasurer.
passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
CollOcil Member Voetberg moved adop-
tioo of the Resolution. Seconded by Coun-
cil Member Pratt- Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider reclassifying property located at
rear of 90 J.FK Road from R-l toe-a and
communication of City Manager recom-
mending approval of rezoning request
with the recommended conditions, upon
proof by Wilson Brothers Dodge that the
required fire access is available, presented
and read- There were no written objectioos
and no oral objectors present. Council
Member Pratt moved that the proof
of publIcation and communication
be received and filed- Seconded by Collo-
cil Memher Heckmann. Carried by the
Regular Session, August 6, 1990
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
John Wilson spoke of concern with
screening reqnirements.
An Ordinance Amending Zoning Or-
dinance by reclasaifying property located
at the rear of 90 John F. Kennedy Road
from R-I Single-Family Residential Dis-
trict to C-3 General Commercial District,
said Ordinanœ having been presented and
read at the CollOcil Meeting of July 16,
presented for final action. Council Member
Pratt moved final adoption, with condi.
tions, of the Ordinance. Seconded by
Council Member Heckmaun. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmarm,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 59-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF DU-
BUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE,
IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 90
J.F.K. ROAD FROM R-I
SINGLE-FAMILY RESIDEN-
TIAL DISTRICT TO c-a GEN-
ERAL COMMERCIAL DIS-
TRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by revising Appendix A thereof, also
known as the Zoning Ordinance of the
City of Dubuque, Iowa to reclassify
hereinafter described property from R-I
Single-Family Residential District to e-a
General Commercial District, with condi-
tions, to wit:
Wilson Brothers Place and extend-
ing to the center line of abutting
right-of-way, all in the City of
Dubuque, Iowa.
Section 2. Pursuant to the Iowa Code
Section 414.5 (1989), as an express con-
dition of the rezoning of the property at
the rear of 90 J.F.K. Road, legally de-
scribed as Wilson Brothers Place which
~-~-.--
438
is the subject of this Ordinance, the under-
signed property owner, Marion Realty,
agrees to the following conditions, all of
which the property owner further agrees
are reasonable and are imposed to satisfy
public needs which are caused directly by
the rezoning:
A. A twenty (201 foot wide access to the
rear of the property be provided and main-
tained for fire and other emergency
services.
B. A six 16) foot high line of screening
as defined in Section 4-5 of the Zoning Or-
dinance of the City of Dubuque, Iowa, be
provided and maintained along those pro-
perty lines abutting either an R-I Single-
Family Residential District or an AG
Agricultural District in the event such AG
Agricultural District should be zoned for
residential use.
Section 3. That the Mayor and City
Clerk of the City of Dubuque, Iowa shall
certify and file this Ordinance after its
passage with the County Recorder of
Dubuque County, Iowa and the Recorder
shall enter this instrument of record.
Section 4. That the foregoing amend.
ment has heretofore been reviewed by the
Zomng Commission of the City of Du-
buque, Iowa.
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
August, 1990.
Mary A. Davis
City Clerk
It 8/10
Proof of publication, certified to by the
Publisher, on Notice of Hearing on Plans
and specifications for the flora Pool
Reconstruction project, presented and
read. There were no objections received
and no oral objectors present at the time
of the hearing. CollOcil Member Voetberg
moved that the proof of publication be
received and filed. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmaun, Kluesner, Nichol-
son, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 321-90
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
439
Regular Session, August 6, 1990
WHEREAS, on the 18TH DAY OF
JUNE, 1990, plaos, specifications, form
of contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa,
for the FLORA POOL RECON-
STRUCTION.
WHEREAS, notiœ of hearing on plans,
apecifications, form of contract, and
estimeted cost was published as required
by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE,IOWA:
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form
of contract and estimated cost for said im-
provements for said project.
passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann. Kluesner,
Nicholson. Prett, Voetberg. Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice to Bidders on the
Receipt of Bids for the project and com-
munication of City Manager recommen-
ding to award contract for project,
presented and read. Council Member
Voetberg moved that the proof of publica-
tion and communication be received and
filed. Seconded by CollOcil Member Pratt.
Carried by the following vote: Yeas-
Mayor Brady, CollOcil Members Deich,
Hecknuum, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 322-90
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
FLORA POOL RECONSTRUCTION
PROJECT pursuant to Resolution No.
256-90, and notice to bidders published in
a newspaper published in the City of
Dubuque, Iowa, on the 22nd of JllOe,
1990, and 6th of July, 1990.
WHEREAS, said sealed proposals were
opened and read on the 23rd day of July,
1990, and it has been determined that the
"'"--~
bid of MERIT CONSTRUCTION COM-
PANY in the amount of $1,444,300, was
the lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the contract for the above im-
provement be awarded to MERIT CON.
STRUCTION COMPANY and the
Manager be and is hereby directed to ex-
ecute a contract on behalf of the City of
Dubuque for the complete performance of
the work.
BE IT FURTHER RESOLVED:
That upon the sigrdng of said contract
and the approval of the contractor's bond,
the City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders-
Passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Collo-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Proof of Publication, certified to by the
Publisher, on Hearing on Plans and
Specifications for the purchase of a Motor
Control Center (MCC) for the Eagle Point
Water Plant, presented and read. There
were no written objections received and
no oral objectors present at the time of
the Hearing- CollOcil Member Kluesner
moved that the proof of publication be
received and filed. Seconded by Council
Member Heckmann. Carried by the fol-
lowing vote: Y eas- Mayor Brady, Collo-
cil Members Deich. Heckmann. Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 323-90
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas on the 23rd day of July, 1990,
plans, specifications. form of contract and
estimated cost were filed with the City
Clerk of Dubuque, Iowa, for the procure-
ment of a Motor Control Center (MCCI
Regular Session, August 6, 1990
for the Eagle Point Pump Station.
Whereas notice of hearing on plans,
apecifications, form of contract and
eatimated cost was published as required
by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the said plans, specifica.
tions, form of contract and estimated cost
are hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements for
said project-
Passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
440
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thet the contract for the
above improvement be awarded to Miller
Electric Supply Co. of Dubuque, Iowa,
and the Manager be and is hereby directed
to execute a contract on behalf of the City
of Dubuque for the complete performance
of the work.
Section 2. That upon the signing of said
contract and the approval of the contrac-
tor's bond, the City Treasurer is author-
ized and instructed to return the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by COun-
cil Member Heckmaun. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckm8lU1,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Proof of Publication, certified to by the
Publiaber, on Notice to Bidders of the
Receipt of Bids for the project oed com-
munication of City Manager recommend.
ing to award contract for project,
presented and read. CollOcil Member
Kluesner moved that the proof of publica-
tion and communication be received and
filed. Seconded by Council Member Heck.
maUD. Carried by the following vote:
Yeas-Mayor Brady, CollOcil Meml!era
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO- 324-90
AWARDING CONTRACT
Whereas, sealed proposals have beeo
submitted by contractors for the procure-
ment of Motor Control Center (MCC) for
the Eagle Point Pump Station pursuant
to Resolution No. 230-90 and notice to bid-
ders published in the City of Dubuque,
Iowa on the 24th day of July, 1990-
Whereas, said sealed proposals were
opened and read on the 31st day of July,
1990, and it has been determined that the
bid of Miller Electric Supply Co. of Du-
buque, Iowa, in the aroount of $76,875
was the lowest bid for the furnishings of
all materials in the apecifications.
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Heckmaun- Carried by the
following vote: Yeas-Mayor Brady,
CollOciI Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Meeting of the
CollOcil on the matter of the proposed
authorization of a contract for Loan
Guarantee Assistance under Section 108
Housing and Community Deveolopment
Act in the amount of $1,200,000.00 by the
City of Dubuque, and communication of
City Manager recoIIlll1J'Dding approving
of Loan Guarantee Assistance in the
aroount of $1,200,000, presented and read.
There were no written objections received
and no oral objectors present at the time
of the Hearing. Council Member Pratt
moved that the proof of publication and
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 325-90
RESOLUTION AUTHORIZING
AND APPROVING OF A FORM
OF CONTRACT FOR LOAN
GUARANTEE ASSISTANCE
UNDER SECTION 108 OF THE
HOUSING AND COMMUNITY
DEVELOPMENT ACT OF
1974, AS AMENDED, IN THE
441
Regular Session, August 6, 1990
AMOUNT OF $1,200,000 AND
RELATED DOCUMENTS BY
THE CITY OF DUBUQUE,
IOWA
WHEREAS, the City of Dubuque did
on May 18, 1967, adopt an urban renewal
project known as the Downtown Urban
Renewal Project, Iowa R-15 (the "Plan")
for the Urban Renewal Area described
therein, which Plan has been aroended
from time to time;
WHEREAS, the Plan provides for,
among other tlûngs, the acquisition and
disposition of properties for private
rehabilitation as a proposed urban renewal
action;
WHEREAS, by Resolution No. 140-90
adopted April 16, 1990, this Council ap-
proved disposition of certain real proper-
ty subject to the Plan to Blue Moon
Development Company (Iowa], an Iowa
corporation (the "Redeveloper"), pursuant
to the terms and conditions of an Agree-
ment for Sale of Land for Private
Redevelopment by and between the City
and the Redeveloper (the "Agreement");
WHEREAS, the proposal of the Rede-
veloper and the Agreement calls for the
Redeveloper to construct and operate a
full-service conunercial hotel with not less
than 190 rooms and including a parking
facility of not less than 200 spacea recrea-
tion facilities including but not limited to
an encloeed pool and exercise room, a
restaurant and lonnge and meeting facil-
ities (the "Project");
WHEREAS, the Agreement further
obligates the Redeveloper to secure a
Clarion franchise or its equivalent for the
Project and to create a minimum of 95
full-time job equivalents within three
years of the conunencement of the hotel
operations;
WHEREAS, this Council has deter-
mined that the Agreement is in the best
interest of the City and the residents
thereof and that the performance by the
City of its obligations therellOder is a
public undertaking and purpose and in
furtherance of the Plan and the economic
development activities and objectives of
the City withio the meaning of Sections
403.6(17) and 15A.I of the Iowa Code;
WHEREAS, Sections 403.6(5) and
403.6(17) authorize the City (i) to borrow
money and to apply for and accept ad-
vances, loans, grants, contributions and
any other form of financial assistance
from the federal government in further-
ance of the Plan and the purpOses of
Chapter 403 and (il) to accept contrIbu-
tions, grants, and other forms of financial
assistance from the federal gnvermnent to
be used upon a finding of public purpose
to make grants or loans as necessary or
appropriate to private persons for an ur-
ban renewal project;
WHEREAS, the City has received an
offer from the Secretary of the United
States Department of Honaing and Urban
Development (the "Secretary") to enter in-
to a Contract for Loan Guarantee
Assistance (the "Section 108 Loan Agree-
ment' ') llOder Section 108 of the Housing
and Community Development Act of
1974, as amended (the "Act"), in the
aroollOt of $1,200,000, the proceeds of
which would be loaned to the City and
thereafter made available to the
Redeveloper in accordance with the terms
and conditions of the Agreement for pur-
poses of furnishiog and equipping the
Project;
WHEREAS, the Section 108 Loan
Agreement shall not be a general obliga-
tion of the City but shall be secured and
payable solely and only from all grants
which have beeo made or for which the
City may become eligible in the future
under Section 106 of the Act, program in-
come from the disposition by sale or lease
of any real property to the extent acquired
or rehabilitated with the Section 106
funds (including any interest earned on
such disposition proceeds) and all prooeeds
(including insurance and condemnation
proceeds) from any of the foregoing;
WHEREAS, the Section 108 Loan
Agreement shall be further secured by the
Secretary in accordance with the Act, with
the notea evidencing the indebtedness of
the City incurred tbereonder (the "Notes")
being publicly offered for sale by the
Secretary pursuant to the Act and the
terms and conditions of a Series 1990-A
Fiscal Agency Agreement (the "Fiscal
Agency Agreement") by and between
Chemical Bank. a New York banking cor-
poration (the "Fiscal Agent"), as fiscal
agent, the City and certain other
municipalities enteriog into comparable
arr_ements with the Secretary under
Section 108 of the Act;
WHEREAS, there has been presented
to this meeting the following documents
which the City proposes to enter into:
1. The form of Section 108 Loan Agree-
ment between the City and the Secretary;
2. The form of Fiscal Agency Agree-
ment between the Fiscal Agent, the City
and certain otber municipalities entering
Regular Session, August 6, 1990
into comparable arrangements under Sec-
tion 108 of the Act and the form of Master
Fiscal Agency Agreement incorporated by
reference therein; and
3. The form of Notes evidencing the in-
debtedness incurred by the City pursuant
to and in aocordance with the Section 108
Loan Agreement, to be delivered by the
City to the FÍBca.l Agent pursuant to the
terms of the FiscaI Agency Agreement;
WHEREAS, it appears that each of the
instruments above referred to ÌB in ap-
propriate form and is an appropriate in-
strument for the purposes intended;
WHEREAS, pursuant to notice
published as required by law, this Collo-
cil has held a public meeting and hearing
upon the proposal to approve and
authorize the Section 108 Loan Agree-
ment, and has considered the extent of ob-
jections received from residents or proper-
ty owners as to said proposaI and, accor-
dingly, the following action is now con-
sidered to be in the best interests of the
City and the residents hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the performance by the
City of its obligations llOder the Agree-
ment, including but not lùnited to the
grant of the Section 108 Loan Agreement
proceeds to the Redeveloper as provided
therein, be and is hereby declared to be
a public undertaldng and purpose and in
furtherance of the Plan and the economic
development activities and objectives of
the City withio the meardng of Sections
403.6(51, 403.6117) and 15A.I of the Iowa
Code-
Section 2. That the form and content of
the Section 108 Loan Agreement, the pro-
visions of which are incorporated herein
by reference, be and the same hereby are
in all respects authorized, approved and
confirmed and the Mayor and the Mayor
Pro Tem and the City Clerk and the Depu.
ty City Clerk be and they hereby are
authorized, empowered and directed to ex-
ecute, attest, seaI and deliver the Section
108 Loan Agreement to the Secretary for
and on behalf of the City in substantially
the form and content now before this
meeting but with such changes, modifica-
tions, additions or deletions therein as
shall be approved by the Corporation
CounseL and that from and after the ex-
ecution and delivery of the Section 108
Loan Agreement, the Mayor and the
Mayor Pro Tem and the City Clerk and
the Deputy City Clerk are hereby author-
ized, empowered and directed to do all
442
such acts and things and to execute all
such documents as may be necessary to
carry out and comply with the provisions
of the Section 108 Loan Agreement as
executed.
Section 3. That the form and content of
the FiscaI Agency Agreement, the provi-
sions of which are inCOrporated herein by
reference, be and the same hereby are in
all respects authorized, approved and con-
firmed and the Mayor and the Mayor Pro
Tem and the City Clerk and the Deputy
City Clerk be and they hereby are
authorized, empowered and directed to ex-
ecute, attest, seal and deliver the Fiscal
Agency Agreement to the Secretary for
and on behalf of the City in substantially
the form and content now before tlûs
meeting but with such changes, modifica-
tions, additions or deletions therein as
shall be approved by the COrporation
CollOsel, and that from and after the ex-
ecution and delivery of the Fiscal Agen-
cy Agreement, the Mayor and the Mayor
Pro Tem and the City Clerk and the Depu-
ty City Clerk are hereby authorized, em.
powered and directed to do all such acts
and things and to execute all such
documents as may be necessary to carry
out and comply with the provisions of the
Fiscal Agency Agreement as executed.
Section 4- That in furtherance of the
Agreement the issuance of the Notes in
the aggregate principal amount of
$1,200,000, maturing on such dates, in
such amounts and hearing rates of in-
terest as may be established by the
Secretary pursuant to Section 108 of the
Act, in suhstantially the form and content
now before this meeting, be and the same
hereby are in all respects authorized, ap-
proved and confirmed, and the form and
content of the Notes now before this
meeting be and the same hereby are in all
respects authorized, approved, ratified
and confirmed, and the Mayor and Mayor
Pro Tem and the City Clerk and Deputy
City Clerk be and they are hereby author-
ized, empowered and directed to execute,
impress the official seal of the City
thereon and deliver for and on behalf of
the City the Notes to the Secretary for
authentication and delivery pursuant to
the Fiscal Agency Agreement.
Section 5. That the Mayor and the
Mayor Pro Tem and the City Clerk and
the Deputy City Clerk be and they hereby
are authorized, execute and deliver for and
on hehalf of the City any and all
additional certificates, documents, opin-
ions or other papers and perform all other
acts as they may deem necessary or ap-
propriate in order to implement and carry
.-
-
443
Regular Session, August 6, 1990
out the intent and purposes of the fore-
going resolutions.
Section 6. That the Notes are and shall
be a limited obligation of the City, payable
soley and only from all grants which have
been made or for which the City may be
become eligible in the future under Sec-
tion 106 of the Act, prograro income from
the disposition by sale or lease of any real
property to the extent acquired or
rehabilitated with the Section 106 funds
(including any interest earned on such
disposition proceeds) and all proceeds (in-
cluding inaurance and condemnation pro-
ceeds) from any of the foregoing, as and
to the extent provided in the Section 108
Loan Agreement.
Section 7. That the provisions of this
Resolution are hereby declared to be
separable and if any section. phrase or pr0-
vision shall for any reason be declared to
be invalid, such declaration shall not af-
fect the validity of the remainder of the
sections, phrases or provisions.
Passed. approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Couocil Member Pratt moved adoption
of the Resolution. Seconded by CollOcil
Member Voetberg. Carried by the foliow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager recom-
mending vacation of alley located between
Algona & Auburn Streets as requested by
the University of Dubuque and set mat-
ter for public hearing, preseoted and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by CollOcil Member Nicholson-
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Hecknuum, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 326-90
RESOLUTION APPROVING
PLAT OF PROPOSED VA-
CATED PORTION OF 20 FOOT
WIDE ALLEY SOUTH OF
UNIVERSITY AVENUE AND
RUNNING FORM E.P.L. OF
ALGONA STREET TO THE
W.P.L. OF AUBURN STREET.
Whereas, there has been presented to
the City CollOcil of the City of Dubuque,
Iowa, a plat dated June 18, 1990, prepared
by Buesing & Associates Consulting
Engineers, describing the proposed
vacated alley; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the plat dated JllOe 18,
1990 prepared by Buesing & Associatea
Consulting Engineers, relative to the real
estate hereinabove described be and the
saroe is hereby approved, and the Mayor
and City Clerk be and they are hereby
authorized and directed to execute said
plat for and on behalf of the City of Du-
buque, Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this Resolu-
tion in the office of the Recorder, in and
for Dubuque County, Iowa.
Paszed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaon,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
An ORDINANCE vacating a 20 foot
wide alley South of University Avenue
and running from E.P.L. of Algona Street
to the W_P.L. of Auburn Street, preseoted
and read. CollOcil Member Voetberg
moved that this be considered the first
reading of the Ordinance, and that the re-
quirement that a proposed Ordinance be
considered and voted on for passage at
two council meetings prior to tbe meeting
at which it is to be finally adopted be
suspended and further moved that a
Public Hearing be held on the Proposed
Ordinance on the 20th day August, 1990
at 7:30 o'clock p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the maoner prescribed
by law. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Regular Session, August 6, 1990
RESOLUTION NO. 327-90
RESOLUTION DISPOSING OF
CITY INTEREST IN LOT C OF
RECHE'S SUBDIVISION
Whereas, UniVersity of Dubuque has re-
quested the vacation of said alley; and
Whereas, University of Dubuque has
prepared and submitted to the City Coun-
cil a plat showing the vacated alley and
asaigned a lot number thereof which
hereinafter shall be known and described
as Lot C of Roche's Subdivision in the
City of Dubuque, Iowa; and
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this alley is no longer required for public
use, and vacating and sale of said alley
known as Lot C of Roche's Subdivision in
the City of Dubuque, Dubuque County,
Iowa should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the City of Dubuque in-
tends to dispose of its interest in Lot 6
of Roche's Subdivision in the City of I
Dubuque, Iowa.
Section 2- That the conveyance of Lot
C of Roche's Subdivision in the City of
Dubuque, Iowa be contingent upon the
petitioners paying $600.00 plus cost of
publication and filing fees-
Section 3. That the City reserves unto
itself a perpetual easement including the
right of ingress and - thereto, for the
purpose of erecting, installing, construc-
ting, reconstructing, repairing, owning,
operating, and maintaining existing
utilities on said alley, and for storm water
drainage.
Section 4. That the City Clerk be and
is hereby anthorized and directed to cause
and notice of intent to dispose of said real
estate in the nuuiner as Prescribed by law.
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution, setting it for Public
Hearing on August 20, 1990 at 7:30 p.m.
in the Public Library and directing tbe
City Clerk to publish notice in the man-
ner Prescribed by law. Seconded by Coun-
cil Member Nicholson. Carried by the
444
following vote: Yeas~Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg-
Nays-None.
Communication of City Manager re-
questing approval of preliminary plans
and specifications and to initiate the bid-
ding process for the construction of the
parking lots and related elements in the
Ice Harbor area as associated with the
riverboat gambling operation, presented
and read. CollOcil Member Voetberg
moved that the communication be receiv-
ed and filed Seconded by Council Member
Heckmaun. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 328-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for
the Ice Harbor Parking Lots, in the
estimated amount of $724,000.00, are
hereby approved and ordered filed in the
office of the City Clerk for public
inspection.
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 329-90
FIXING DATE OF
HEARING ON PLANS AND
SPECIFICATIONS.
Whereas, the City CollOcil of the City
of Dubuque, Iowa has given its prelim-
inary approval on the Proposed plans,
specifications, and form of contract and
plaoed same on file in the office of the City
Clerk for public inspection of the Ice Har-
bor Parking Lots.
Regular Session, August 6, 1990
if Council chooses, presented and read.
Council Member Voetberg moved that the
petition be received and filed. Seconded
by Council Member Nicbolson- Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
An Ordinance Amending Section 3-64,
Division 3, Article 3, Chapter 3, of the
Code of Ordinances by providing for a
moratorium on the issuance of building
permits in the OR Office Residential
Districts in the City for a period of 180
daya, presented and read. Council Member
Voetberg moved that this be considered
the first reading of the Ordinance and that
the requirement that a proposed Ordi-
nance be considered and voted on for
passage at two CollOcil Meetings prior to
the meeting at which it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, CollOcil Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
445
Regular Session, August 6, 1990
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CTlY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That on the 4th day of September, 1990,
a public bearing will be held at 7:30 p_m.
in the Public Library Auditorium at which
thne interested persons may appear and
be heard for or against the proposed plans
and specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to cause
a notice of time and plsce of such hear-
ing to be published in a newspaper hav-
ing general circulation in the City of
Dubuque, Iowa, which notice shall be not
less than four days nor more thao twen-
ty days prior to the day fixed for its con-
sideration. At the hearing, any interested
person may appear and file objections to
the proposed plans, specifications, con-
tract, or estimated cost of the
improvement.
passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tioo of the Resolution. Seconded by Collo-
cil Member Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 330-90
ORDERING BIDS
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CTIY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Ice Harbor Parking Lot is
hereby ordered to be advertised for bids
for construction.
BE IT FURTHER RESOLVED, that
the aroount of the secority 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 Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having gen-
eral circulation in the City of Dubuque,
Iowa, which notice shall not be less than
four days nor more than twenty days prior
to the receipt of said bids at 2:00 p.m. on
the 23rd day of August, 1990. Bids shall
be opened and read by the City Clerk at
said time and will be submitted to the
CollOcil for final action at 7:30 p.m. on the
4th day of September, 1990.
Passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CollOcil Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaon,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
BOARDS/COMMISSIONS
TV Cable Teleprograroming Commis-
sion - One three year term which will
expire 6-3D-93ITerm of D. O'Conoell). Ap-
plicants: Floyd R. Cook, Don E. Fry-
burger. Mayor Brady voted for Cook;
CollOcil Member Deich voted for Cook;
CollOcil Member Heckmann voted for
Fryburger; CollOcil Member Kluesner
voted for Fryburger; Council Member
Pratt voted for Fryburger; Council
Member Voetberg voted for Fryburger.
Therefore, Don E. Fryburger appointed to
the TV Cable Teleprograrnming Commis-
sion for a three year term which will ex-
pire JllOe 30, 1993.
TV Cable Regulatory Commission -
Two three year terms which will expire
June 30, 1993 (Terms of Ellis & Webster).
Applicants: Floyd R. Cook, Charlie Ellis,
Don E. Fryburger, Walter L. Webster.
Mayor Brady voted for Ellis and Webster;
Council Member Deich voted for Ellis and
Webster; CollOcil Member Heckmaon
voted for Ellis and Webster; CollOcil
Member Kluesner voted for Ellis aod
Webster; CollOcil Member Pratt voted for
Ellis and Webster; CollOcil Member
Voetberg voted for Ellis aod Webster.
Therefore, Charlie Ellis and Walter
Webster reappointed to Cable TV
Regulatory Commission for three year
terms which will expire June 30, 1993.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-90
AN ORDINANCE OF TIlE CITY
OF DUBUQUE, !OW A AMEND-
ING SECTION 3-64, DIVISION
3, ARTICLE 3, CHAPTER 3, OF
THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BY
PROVIDING FOR A MORA-
TORIUM ON THE ISSUANCE
OF BUILDING PERMITS IN
THE OR OFFICE RESIDEN-
TIAL DISTRICT IN THE CITY
OF DUBUQUE, IOWA.
Whereas, the City Council did request
the Zoning Commission to study the
regulations relating to the OR Office
Residential District, and to make its
recommendation to the City Council for
Zoning Ordinance aroendments; and
Whereas, the Zoning Commission will
form a committee to study the OR Office
Reaidential District for redevelopment op-
portunities, appropriate use of land and
the promotion of compatible land uses in,
along and adjacent to the OR District; and
Whereas, the Zoning Board of Adjust-
ment has requested the Zoning Commis-
sion and the Long Range Planning Com-
mission to study the OR Office Residen-
tial District; and
Whereas, the City Council has received
Petition containing approx. 233
signatures objecting to the development
of a 13 unit multifamily development at
the S.W. comer of J.F.K. Road & Kauf-
mann Avenue and communication of City
Manager submitting an Ordinance pro-
viding for a "Building Permit" morator-
ium for properties located in OR DistrIcts
446
a citizen's petition requesting a
moratorium on the issuance of building
permits in the OR Office Residential
District.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1- That Section 3-64, Division
3, Article 3, Chapter 3 of the Code of Or-
dinances of the City of Dubuqoe, Iowa, be
amended by adding thereto the following
new paragraph:
"No building permit within the OR
Office Residential District as
shown on the Official Zoning Map,
shall be issued by the building of-
ficial from the date of the publica-
tion of this ordinance for a period
of one-hundred eighty days 11801
days thereafter. The moratorium
provided for herein shall not be con-
strued to deprive any person, firm,
or corporation of a vested right
which such person, firm, or cor-
poration may have acquired as a
matter of law for the issuance of
building permit as of the effective
date of the adoption of this or-
dinance. Any person, firm, or cor-
poration aggrieved by or adverse-
ly affected by the building official's
refusal to issue a building permit
pursuant to this moratorium shall
appeal therefrom to the City Collo-
cil of the City of Dubuque."
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this 10th day of
August, 1990.
Mary A. Davis
City Clerk
It 8/10
Communication of Tel Cabievision of
Dubuque, Inc. requesting a waiver of the
Cable Franchise Ordinance regarding bill-
ing procedures and communication of City
Manager submitting information regard-
ing the request of a waiver by TCI Cable-
vision of Dubuque, Inc., presented and
read. Council Member Kluesner moved
that the communication be received and
filed and request approved. Seconded by
CollOcil Member Pratt. Carried by the
following vote: Yeas-CollOcil Members
Deich, Heckmaun, Kluesner, Nicholson,
447
Regular Session, August 6, 1990
Regular Session, August 6, 1990
448
Pratt. Nays-Mayor Brady, Council
Member Voetberg.
Communication of City Manager reoom-
mending approval of a resolution
reinstating limited regulation of rates for
cable television service in the City,
presented and read. CollOcil Member
Kluesner moved that the communication
be received and filed. Seconded by Collo-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, CollOcil
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None-
RESOLUTION NO. 331-90
A RESOLUTION REINSTAT-
ING LIMITED REGULATION
OF RATES FOR CABLE TELE-
VISION SERVICE IN THE
CITY OF DUBQUUE
Whereas, cable television service in the
City of Dubuque is governed by Dubuque
Cable Services Delivery Ordinance No.
42-81; and
Whereas, the Cable Communications
Policy Act of 1984 modified various por-
tions of such ordinance; and
Whereas, the City of Dubquue, Iowa;
and Tel of Iowa, Inc_, (Tel) have entered
into various agreements and modifications
relating to cable television service in
Dubuque, Iowa, including a Cable Televi-
sion Service Agreement filed in the Office
of the City Clerk of the City of Dubuque
on June 19, 1989; and
Whereas, the Federal Communications
Commission has now validated the Cable
Television Service Agreement entered into
between the parties; and
Whereas, the City of Dubuque wishes
to reinstate limited rego1ation of rates pur-
suant to such Agreement.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Pursuant to paragraph 6 of
the Cable Television Service Agreement
between the City of Dubuque and Tel of
Iowa, Inc_, the City hereby implements
the regulation of rates for basic cable
television service as provided in such
Agreement as being in the best interests
of the citizens of the City of Dubuque.
Passed. approved and adopted this 6th
day of August, 1990.
Jaroes Eo Brady
Mayor
......'"
Attest:
Mary A. Davis
City Clerk
CollOcil Member Kluesner moved adop-
tion of the Resolution Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of Thomas W. McKay
on behalf of FDL Foods, Inc. requesting
City enter into a subordination Agree-
ment with Citibank, N_A., presented and
read- Council Member Pratt moved that
the communication be received and filed.
Seconded by CollOcil Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, CollOcil Members Deich,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None. Abstain-CollOcil Member
Heckmann.
Section I. That the Mayor of the City
of Dubuque, Iowa, be and he is hereby
authorized and directed to execute said
Subordination Agreement with Citibank,
N.A. on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk of the
City of Dubuque, Iowa, be and she is
hereby authorized and directed to attest
said Subordination Agreement, and, upon
execution, to deliver the original thereof
to FDL Fooda, Inc. for submission to
Citibank, N.A.
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None. Abstain-
Council Member Heckmaun.
RESOLUTION NO. 332-90
A RESOLUTION AUTHORIZ-
ING AND DIRECTING THE
MAYOR TO EXECUTE A
SUBORDINATION AGREE-
MENT WITH CITIBANK, N.A.
Whereas, the City of Dubuque, Iowa,
and the U.S. Department of Housing and
Urban Developmeot have heretofore
entered into a Grant Agreement for an Ur-
ban Development Action Grant, the pro-
ceeds of which were loaned to FDL Foods,
Inc. for its Renovation and Capital Im-
provement Project; and
Whereas, the Security Agreement
entered into by and between the City of
Dubuque, Iowa, Secured Party, and FDL
Foods, Inc.. Debtor, dated December 6,
1982, provides in Paragraph !;\c) that upon
written request of Debtor from time to
time, the Secured Party agrees to subor-
dinate, by appropriate documentation its
security interest in certain collateral,
particularly inventory and accounts
receivable, to a bank or other financial in-
stitution or financial entity for the pur-
pose of securing repayment of money bor-
rowed by Debtor for operating capital
under its revolving lines of credit; and
Whereas, FDL Foods, Inc. has made
written application to the City of Du-
buque, Iowa, for a subordination to
Citibank, N.A.. as Debtor's revolving line
of credit lender.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Communication of Chad C. Leitch on
behalf of St. Luke's United Methodist
Church appealing to the Council a request
to establish the curb cut on Main Street
for the vacant lots at the corner of Main
Street and 12th Street, presented and
read. Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, CollOcil Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None-
Communication of City Manager re-
porting on his denial of curb cut request
and advising the current ordinance does
not provide for an appeal to the City
Council, presented and read. Bob Schopp
and Bob Sampson, representing St, Luke'
Methodist Church requested curb cut be
allowed for said properly. Council Member
Pratt moved that the Manager be urged
to reconsider the curb cut in question-
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of City Manager advis-
ing of process report to be presented by
Strand Associates on the Plan of Action
Study at the Dubuque Water Pollution
Control Plant, presented and read. Collo-
cil Member Kluesner moved that the
communication he received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of City Manager recom-
mending to pay sidewalk claim of Tom
and Helen Walsh in the amount of
$264.00, presented and read. Council
Member Heckmaun moved to receive and
file the communication and deny the
claim. Motion died for lack of a second.
CollOcil Member Pratt moved that the
communication be received and filed and
approved with Finance Director to issue
proper check. Seconded by Council
Member Nicholson Carried by the follow-
ing vote: Yeas-Mayor Brady, CollOcil
Members Deich, Nicholson, Pratt, Voet-
berg. Nays-Council Members Heck-
mann, Kluesner.
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Petition submitted by John Moore re-
questing a public hearing be set to Quit
Claim Deed to him property koown as Lot
13 of North Hill Street Addition of Rogers
Subdivision, presented and read. CollOcil
Member Pratt moved that the petition be
received and filed and deny the public
hearing. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Mr. Moore spoke.
John Moore submitting an Ordinance
to Establish Concept-sheet Wire Tele-
graph Franchise for a 3 year period to J.
Moore, Definitive's Ltd., presented and
read- Couocil Member Voetberg moved
that this matter be referred to Legal Staff-
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt, Voet.
berg. Nays-None.
Communication of City Manager sub-
mitting proposed Freeway 61/151 Cor-
ridor Plan Implementation Program for
Council review and requesting approval,
presented and read. Council Member
Pratt moved that the communication be
received and filed and referred to Work
Session for August 13, 1990. Seconded by
CollOcil Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager re-
questing approval of a Community Devel-
opment Block Grant 1080 agreement with
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449
Regular Session, August 6, 1990
day of August, 1990.
Jaroes E. Brady
Mayor
Nordstrom, Inc. in the amount of
$300,000.00, presented and read. Council
Member Deich moved that the communi-
cation be received and filed- Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO- 333-90
A RESOLUTION AUTHORIZ-
ING THE EXECUTION OF A
COMMUNITY DEVELOPMENT
BLOCK GRANT LOAN AGREE-
MENT WITH NORDSTORM,
INC.
Whereas, under provisions of Title I of
the Housing and Community Develop-
ment Act of 1974, as amended, the City
of Dubuque has received Community
Development Block Grant Funds for the
purpose of stimulating economic develop-
ment activities within the community;
and
Whereas, the City of Dubuque, Iowa
desires to assist Nordstrom, Inc. in its ef-
forts to enhance and expand its existing
national retail operations through the
development of a midwest distributiOIi
and processing facility in the Dubuque
Industrial Center, to create permanent
employment opportunities for area citi-
zens; and to expand the existing tax base
of the community; and
Whereas, a Loan Agreement is to be ex-
ecuted by Nordstrom, Inc., a form of
which is hereto attacbed and, by this
reference, made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section I. That the Mayor and City
Clerk be and they are hereby authorized
and directed to execute, on behalf of the
City of Dubuque, Iowa, a Loan Agree-
ment awarding a three hundred thousand
dollar ($300,000) loan to Nordstrom, Inc.
Section 2. That the terms and condi-
tions of said Loan Agreement shall reflect
the general terms and conditions outlined
in the attacbed agreement.
Section 3. That the City Manager be
and he is hereby authorized to disburse
loan funds from the Community Develop-
ment Block Grant entitlement fund, in ac-
cordance with the terms and conditions
of the executed Loan Agreement.
Passed. approved and adopted this 6th
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by CollOcil
Member Voetberg. Carried by the follow-
ing vote: Yeas-Mayor Brady, CollOcil
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager re-
questing approval of a resolution support-
ing an application, by a private developer,
to Iowa Finance Authority for develop-
ment of low-income housing, presented
and read. Council Member Kluesner
moved that the communication be receiv-
ed and filed. Seconded by Couocil Member
Pratt. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Nicholson, Pratt,
Voetberg. Nays-Council Member
Heckmann.
RESOLUTION NO. 334-90
A RESOLUTION SUPPORTING
APPLICATION OF MICHAEL
SULLIV AN FOR FUNDING
UNDER THE IOWA FINANCE
AUTHORITY'S HOUSING
ASSISTANCE FUND PRO-
GRAM.
Whereas, the City of Dubuque
recognizes the continuing uomet need for
provision of assisted booaing to the City's
qualifying lower-income householda; and
Whereas, the Iowa Finance Authority
has made available funds to assist cities
and private developers to create additional
low-income housing; and
Whereas, Michsel Sullivan has ap-
proached the City with a proposal to
create 30 units of low-income housing, and
has asked that the City be the local hous-
ing sponsor of a proposal for funding to
the Iowa Finance Authority-
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the City of Dubuque as
the local housing sponsor hereby official-
ly expresses support for Michael Sulli-
van's application to the Iowa Finance
Authority for low-income housing devel-
opment assistance-
Section 2. That the City Clerk is hereby
Regular Session, August 6, 1990
450
authorized and directed to traosmit a cer-
tified copy of this Reeolution to the Iowa
Finance Authority on behalf of the City
of Dubuque, Iowa.
Passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Pratt- Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Nicholson,
Pratt, Voetberg. N ays-CollOcil Member
Heckmaun.
Communication of City Manager re-
questing Council to give preliminary ap-
proval to Mr. Sullivan's request to vacate
a portion of Vincent Street from West
Locust Street to the S.P.L. of Lot 8 of
University Place, presented and read-
Council Member Kluesner moved that the
communication be received and filed end
gave preliminary approval on vacating.
Seconded by Council Member Pratt. Car-
ried by the following vote: Y eas- Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Pratt, Voetberg. Nays-
Council Member Heckmaun.
Communication of City Manager re-
questing approval of an application to
HUD for a Section 8 Assisted Housing
Program to provide rent assistance to
single homeless persons, presented and
read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg- Nays-None.
RESOLUTION NO. 335-90
A RESOLUTION AUTHORIZ-
ING THE MAYOR TO EXE-
CUTE AN APPLICATION TO
PARTICIPATE IN THE SEC-
TION 8 MODERATE REHA-
BILITATION SINGLE ROOM
OCCUPANCY PROGRAM.
Whereas, the City of Dubuque
recognizes the continuing uomet need for
provision of assisted housing to the City's
qualifying lower-income households; and
Whereas, the U.S. DepartIl1ffit of Hous-
ing and Urban Development has made
available funds to assist in provision of
assisted housing to homeless persons; and
Whereas, and in accordance with Sec-
tion 403A.5 of the Iowa Code which states
"A municipelity or a 'Municipal Hous-
ing Agency' may not proceed with a
housing project llOtil a study or a
report and recommendation on hous-
ing available within the community is
made public by the municipality or
agency and is included in its recommen-
dations for a housing project. Recom-
mendations must receive majority ap-
proval from the local governing body
before proceeding on the housing
projects."
And in accordaoce with Section 2131cl
of the Housing and Community Devel-
opment Act of 1974, which states in
part that we must determine wbether
or not there is a need for such hous-
ing assistance, taldng into considera-
tion any applicable State or areawide
housing assistance plao as well as
generally available data with respect
to population, poverty, housing over-
crowding, housing vacancies and sub-
standard housing. An application may
be approved OIÙY if our determination
is in the affirmative; and
Whereas, the application is consistent
with the 1986-91 Housing Assistance Plan
for the City of Dubuque as approved by
the HUD Area Office in December, 1988.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the City of Dubuque has
determined there is a need for housing
assistance for homeless persons and is
knowledgeable of the status of available
housing within the City as required by
Iowa Code and that majority approval of
the propoeed housing activity within the
City's jurisdiction is hereby granted.
Section 2. That this reso1ution is intend-
ed to serve as the City of Dubuque's final
notice to the U.S. Department of Hous-
ing and Urban Development of such ap-
proval and that no additional comment
will be made by the City of Dubuque on
this matter.
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Section 3. The Mayor is authorized and
directed to submit an application to the
U.s. Department of Housing and Urbao
Development for participation in the Sec.
tion 8 Moderate Rehabilitation Prograro
for single room occupancy.
Section 4. The City of Dubuque Hous-
ing Commission is hereby directed to
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451
Regular Session, August 6, 1990
conduct the necessary public he~
regarding this application in accordance
with requirements of Chapter 403.A.28 of
the Code of Iowa, and to review andJor ap-
prove or suggest modifications of the
plans for program design and administra-
tion of this proposed prograro-
Section 5. The City Manager is hereby
authorized and directed to forward said
application and resulting standard ex-
ecuted contract to the respective agencies
in a timely fashion and as reqnired by the
U_S. Department of Housing and Urban
Development.
passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Collo-
cil Member Nicholson. Carriad by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager recom-
mending to make St- Mary's Street "one-
way" between 3rd Street and Emmett
Street, presented and read. Council
Member Deich moved that the communi-
cation be received and filed. Seconded by
CollOcil Member Kluesner. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
An Ordinance Amending Code of Or-
dinances by adding St. Mary's Street to
Section 32-174 thereof providing for the
establishment of a southbound one-way
designation from West Third Street to
Emmett Street, presented and read.
Council Member Deich moved that this
be considered the first reading of the Or-
dinance and that the requirement that a
proposed Ordinance be considered and
voted on for passage at two Council
meetings prior to the meeting at which it
is to be finally adopted be suspended and
further moved final adoption of the Or-
dinance. Seconded by CollOcil Member
Kluesner. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 61-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA BY ADDING ST.
MARY'S STREET TO SECTION
32-174 THEREOF PROVIDING
FOR THE ESTABLISHMENT
OF A SOUTHBOUND ONE-
WAY DESIGNATION FROM
WEST THIRD STREET TO EM-
METT STREET
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the Code of Ordinances
of the City of Dubuque, Iowa be aroend-
ed by adding St. Mary's Street to Section
32-174 thereof, as follows:
"Sec. 32-174. Doe-Way Streets-
(2) Southerly. Traffic shall move
southerly only:
On St. Mary's Street, from West
Thicd Street to Emmett Street."
Passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
August, 1990.
Mary A. Davis
City Clerk
It 8/10
Communication of City Manager re-
questing approval of an agreement with
Iowa DOT for State funding on a project
to install left turn lanes at the intersec-
tion of U_S. 20 and Crescent Ridge!
Menard Drive, presented and read. Collo-
cil Member Voetberg moved that the com-
munication be received and filed. Second-
ed by Council Member Deich. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 336-90
RESOLUTION APPROVING
PROJECT AGREEMENT FOR
U-STEP FUNDING WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION
Regular Session, August 6, 1990
Crescent Ridge/Menard Drive intersec- I ASSIGNMENT OF A LEASE TO
tion; and THE CITY OF DUBUQUE.
Whereas, the City of Dubuque, Iowa,
entered into a Contract of Sale with Molo
Oil Company and Molo Sand and Gravel
Company, dated March 23, 1990, pur.
suant to which Molo agreed to convey cer-
tain property in the Ice Harbor Urban
Renewal District to the City of Dubuque
and to assign its leasehold interest in cer-
tain real estate owned by the City; and
Whereas, Molo has executed a con-
veyance of such property and an assign-
ment of such leasehold interest as required
by the Contract of Sale.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L The City Council of the City
of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Quit Claim Deed
and Assignment from Molo Oil Company
and Molo Sand and Gravel Company,
copies of which are attached hereto, as re-
quired by Iowa Code Section 569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the City of
Dubuque any instruments in connection
therewith.
Whereas, the total cost of the these im-
provements is estimated to be $48,948.74;
and
When>.as, an application was made with
the Iowa Department of Transportation
for U-8TEP funding to assist in the cost
of this improvement; and
Whereas, the Iowa Department of
Tranaportation has approved aU-STEP
agreement to fund 55% of this project up
to an eligible construction cost of
$37,200.00.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the project agreement
for U-STEP funding with the Iowa
Department of Transportation is hereby
approved.
Section 2. That the Mayor be authorized
and directed to execute two copies of this
agreement and to forward the executed
copies of the Iowa Department of
Transportation for their approval.
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Deich. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Nicholaon, Pratt, Voetberg- Nays-None.
Communication of Corporation Counsel
recommending acceptance of Ice Harbor
Urban Renewal District property from
Molo Oil Compnay and Molo Sand and
Gravel Company, presented and read.
CollOcil Member Heckmaun moved that
the commurdcation be received and filed.
Seconded by Council Member Deich. Car-
ried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 337-90
A RESOLUTION ACCEPTING
A CONVEYANCE OF ICE HAR-
BOR URBAN RENEWAL DIS-
TRICT PROPERTY AND THE
Whereas, the City has proposed to in-
stall left turn lanes at the U.s. 20 and
452
Passed, approved and adopted this 6th
day of August, 1990-
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Heckmaun moved
adoption of the Resolution. Seconded by
Council Member Deich. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaun,
Kluesner, NIcholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 338-90
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE 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 Cigar-
ettes and Cigarette Papers withio said
City.
William/Shirley Meyer, Billy Buck's
East Street Tap IMyCap)
521 E. 22nd St.
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. "i"
453
Regular Session, August 6, 1990
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt- Carried by the following
vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 339-90
Whereas, Applications for Beer Permits
have been submitted and filed to this
CollOcil for approval and the same have
been examined and approved; and
Whereas, The premises to be occupied
by such applicants were inspected and
found to comply with the Ordinances of
this City and have filed proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued the
following naroed applicants a Beer Permit.
CLASS "BE" BEER PERMIT
Sid's Beverage Store, Inc.
2727 Dodge St. (Sunday sales)
CLASS "C" BEER PERMIT
Iowa Oil Company, lOCO Speede
Shoppe, 1998 Jackson (Suoday sales)
Iowa Oil Company, IOCO Speede
Shoppe, 2335 University (Sunday sales)
Mulgrew Oil Co., Amoco Food
Shop, 1450 Loras (Sunday sales)
Passed, approved and adopted this 6th
day of August, 1990-
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution- Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 340-90
Whereas, applications for Liquor
Licenses have been submitted to this
CollOcil for approval and the same have
been examined and approved; and
Whereas, the premises to be occupied
by such applicants were inspected and
follOd to comply with the State Law and
all City Ordinances relevant thereto and
they have filed proper bonda;
NOW, THEREFORE, BE IT RE.
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Sheryl Auo Shireman, King of Clubs
1902 Central Ave. (Sunday sales)
Wayne J. Kramer, The Clubhouse
2364 Washington St.
Passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann. Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Printed Council proceedings for the
month of January, 1990 presented for
Council approval. Council Member Heck-
mann moved that the proceedings be ap-
proved as prioted. Seconded by Couocil
Member Voetberg. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich. Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
MINUTES SUBMI'ITED - Special
Airport Commission of 6-22; Cable TV
Regulatory Commission of 7-18; Electrical
Code Board of 7-9; Fire Retirement Board
of 7-13; 5 Flags Commission of 7-23;
HIstoric Preservation Commission of 7-3;
Park & Recreation Commission 01 7-10;
Planning & Zoning Commission of 6-6;
Plumbing Board of 7-17 & 7.23; Zoning
Commission of 7-6, presented and read.
Council Member Heckmaun moved that
the minutes be received and filed. Second-
ed by Council Member Voetberg. Carried
by the following vote: Yeas-Mayor
Brady, CollOcil Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg- Nays-None.
Re9ular Session, August 6, 1990
454
NOTICES OF CLAIMS/SUITS -
Eileen Bitter, in amount of $78.50 for per-
sonal injuries; Roberta J. Howes, in
uoknowo amount for auto damages; John
J. Kapparos in amount of $2500.00 for car
damages; Florian Laufenberg in amount
of $81.31 for vehicle damages; Carl
McCarthy in amount of $719.14 for ve-
hicle damages; John Moore in amount of
$500.00 for police harassment; Sam
Puasteri Trust, in amount of $1,309.35 for
backed-up sewer damages; IMT on behalf
of their claimant, Bernice Swift, in
uoknown amollOt for personal injuries;
Lori Lee VanNatta in unknown amount
for vehicle damages; Robert Zehentner in
amount of $75_79 for vehicle damages,
presented and read. Council Member
Heckmaun moved that the claims and
suits be referred to Legal Staff for in-
vestigation and report. Seconded by Coun-
cil Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-Council Members Pratt and
Nicholson on Moore claim only..
Communications of Corporation
Counsel advising of administrative
closure/denial of car damage claim of
General Casualty Compardes for Joseph
Graham; Car damage claim of State Farm
Insurance Companies for Patricia Kaune;
Tire damage claim of Janet Kirkpatrick;
Sewer backnp claim of Mated Can Com-
pany; Car damage claim of Sally J. Roy,
presented and read. CollOcil Member
Heckmann moved that the communica-
tions be received and filed and disposals
approved- Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Communication of Corporation Counsel
reconunending settlement of tire damage
claim of Joan Willenborg in the amollOt
of $129.87, presented and read. Council
Member Heckmaun moved that the com-
munication be received and filed and set.
tlements approved and Finance Dicector
to issue the proper check. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Petition of Mary Jean Gregory re-
questing placement of a stop sign at the
intersection of South Booth and Curtis
streets, presented and read. Council
Member Heckmaun moved that the peti-
tion be referred to the City Manager.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Proofs of Publication, certified to by the
Publisher, on Notice of filing of the
Schedule of Aseessments for construction
of 1990 Sidewalk Repair Project # I;
Notice of Finding of No Significant Effect
on the Environment for the Nordstom,
Inc. project, presented and read. Collo-
cil Member Heckmann moved that the
proofs of publication be received and filed.
Seconded by CollOcil Member Voetherg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Petition containing 29 signatures ex-
pressing their opinions on Riverview Park
Campground, presented and read. Coun-
cil Member Heckmaun moved that the
petition be referred to the Park and
Recreation Commission. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Corporation Counsel
submitting copy of Order that was
entered by Iowa District Court in case of
City of Dubuque vs. Sharon Dull Mullen
and Renee M. Mullen, presented and read.
Council Member Heckmaun moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetherg. Nays-None.
Communication of Corporation Counsel
advising of payment of car damage claim
of Tim Bushman, presented and read.
Council Member Heckmaun moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of Dubuque CollOty
Conservation Society requesting Council
to assist Newt Marine Service in reloca-
tion, presented and read. Council Member
Heckmaun moved that the communica-
tion be received and filed. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Memhers Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
455
Regular Session, August 6, 1990
Communication of City Manager re-
questing approval of Supplement No.3 to
the Code of Ordinances for the City of
Dubuque, presented and read. Council
Member Heckmann moved that the com-
munication be received and filed. Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 341-90
ADOPTING SUPPLEMENT NO.
3 TO THE CODE OF ORDI-
NANCES OF THE CITY OF
DUBUQUE, IOWA.
Whereas, under date of July 17, 1989,
the City Council, pursuant to Ordinance
No. 34-89, readopted the Code of Or-
dinances of the City of Dubuque, Iowa for
ordinances adopted up to and including
December 19, 1988; and
Whereas, since December 19, 1988 the
City Council of the City of Dubuque, Iowa
has adopted certain ordinances amending
the Code of Ordinances and said amend-
ments have been printed as supplements
k> the Code of Ordinances; and
Whereas, Section 380.8 of the Code of
Iowa provides that supplements, by
resolution, beeome part of the Code of
Ordinances.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, !OW A:
Section I. That Supplement No.3 of the
Code of Ordinances of the City of Du-
buque, Iowa, covering ordinances adopted
by the City Council of the City of Du-
buque, Iowa from January 4, 1990
through March 19, 1990, prepared by the
Municipal Code Corporation, TaJlahassee,
Florida, hereto filed in the Office of the
City Clerk of the City of Dubuque, Iowa,
be and is hereby adopted and becomes
part of the Code of Ordinances of the City
of Dubuque, Iowa.
Passed, approved and adopted this 6th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Heckmann moved
adoption of the Resolution. Seconded by
CollOcil Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Thomas W. McKay,
representing Arnold and Leonard Gart-
ner, eó9 Goethe Street requesting to pur-
chase property adjacent to 635 W. 17th
Street for the amollOt of $500.00, pre-
sented and read. Council Member Heck-
mann moved that the communication be
referred k> the City Manager. Seconded
by CollOcil Member Voetberg. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Department of
Economic Development thanking City
Staff members for assistance in the com-
pletion of the Uelner Tools and Dies Co.
CEBA project, presented and read. Collo-
cil Member Heckmann moved that the
commuoication be received and filed.
Seconded by CollOcil Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, CollOcil Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of City Manager re-
questing approval of an application to
Iowa Department of Economic Develop-
ment for Rental Rehabilitation Prograro
funding, presented and read- Council
Member Heckmaun moved that the com-
munication be received and filed. Second-
ed by Council Member Voetberg. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 342-90
A RESOLUTION AUTHOR-
IZING THE MAYOR TO EXE-
CUTE AN APPLICATION TO
PARTICIPATE IN THE IOWA
RENTAL REHABILITATION
PROGRAM.
Whereas, the City of Dubuque
recognizes a continuing need to assist ren-
tal property owners in improving their
properties occupied by lower-income
faroilies; and
Whereas, the City recognizes the benefit
of such assistance, in the form of
neighborhood impact and increased tax-
base; and
Whereas, the City has successfully ad-
ministered State and Federally funded
Rental Rehabilitation Prograros, totaling
Regular Session, August 6, 1990
456
$863,000 in grant funds and matched by
$1,472,000 in private reinvestment, since
1984-
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is authorized
and directed to execute an application to
the Iowa Department of Economic Devel-
opment for participation in the Rental
Rehabilitation Program-
Section 2. That the City of Dubuque
Housing Commission is hereby directed
to conduct the necessary public hearing
regarding this application in accordance
with reqnirements of Chapter 4O3,A,28 of
the Code of Iowa, and to review and/or ap-
prove or suggest modifications of the
plans for prograro design and administra-
tion of this proposed prograro.
Section 3. That the City Manager is
hereby authorized and directed to forward
said application and resulting standard
executed contract to the respective agen-
cies in a timely fashion and as reqnired by
the Iowa Department of Economic
Development-
Paseed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CollOcil Member Heckmarm moved
adoption of the Resolution. Seconded by
CollOcil Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Mansger re-
questing authorization to publish a re-
quest for release of CDBG Funds for the
Nordstrom, Inc. project, presented and
read. Council Member Heckmaun moved
that the communication be received and
filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmarm, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 343-90
A RESOLUTION AUTHORIZ-
ING SUBMISSION OF A RE-
QUEST FOR A RELEASE OF
FUNDS FOR CERTAIN COM-
MUNITY DEVELOPMENT
BLOCK GRANT PROJECT.
Whereas, the City of Dubuque in con-
formance with the Environmental Review
Procedures for the Community Develop-
ment Block Grant Prograro, convened an
Ad Hoc Committee on July 9, 1990 which
completed an environmental assessment
of the following project:
Nordstrom, Inc.
Whereas, pursuant to Resolution No.
307-90 adopted July 16, 1990, public
notice of a "Finding of No Significant Ef-
fect on the Environment" for the above
project was published July 18, 1990 in the
Dubuque Telegraph Herald, a newspaper
of general cirrulation, and provided for a
public comment period until 12:00 Noon
on Friday, August 3, 1990; and
Whereas, public notice of a "Finding of
No Significant Effect on the Environ-
ment" for the project was sent by regular
mail to various federal, state and local
public agencies and to local news media,
individuals and groups known to be in-
terested and believed to be appropriate to
receive such a public notice; and
Whereas, any and all objections, if any,
to such proposals have been duly con-
sidered; and
Whereas, it is the intent of the City
Council to authorize the submission of a
request to the U.S. Department of Hous-
ing and Urban Development for the
release of funds to carry out the above-
identified project.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
SectIon I. That the Environmental
Review Record for the project shall con-
tinue to remain on file in the Office of the
City Clerk where said record may be ex-
amined and copied by any interested
party.
Section 2. That the Mayor of the City
of Dnbuque is hereby authorized and
directed to aobmit to the U.S. Department
of Housing and Urban Development a re-
quest for release of funds to undertake the
said project.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a responsi-
ble federal official under the National En-
vironmental Protection Act, insofar as the
provisions of the said Act apply to the
U.s. Department of Housing and Urban
Development responsibilities for review,
decision-making, and action assumed and
carried out by the City of Dubuque as to
environmental issues.
457
Regular Session, August 6, 1990
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent personally, in his official capacity and
on behalf of the City of Dubuque, to ac-
cept the jurisdiction of the Federal Courts
if an action is brought to enforce respon-
sibilities in relation to environmental
reviews, decision-making and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute a certification
pertaining to the environmental review
procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds in the form of Public
Notice attached hereto and made a part
thereof.
Paszed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CollOcil Member Heckmann moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Petition of Tschiggfrie Excavating re-
questing changing 2 stop signs to yield
signs, one at the intersection of the road
coming from Rockdale Road past their
asphalt plant and intersects with the road
going to Julien Dubuque Grave and the
other is on the road along side Inland Pr0-
tein coming from Julien Dubuque Grave
where it intersects with Julien Dubuque
Dr.. presented and read. Council Member
Heckmann moved that the communica-
tion be referred to City Manager. Second-
ed by Council Member Voetberg. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg- Nays-None.
Communication of City Manager re-
questing approval for Dubuque Yacht
Basin. Inc. to sublease all of its leased pr0-
perties from the City to Anderson Marine
Corporation of Roscoe, II, presented and
read. CollOcil Member Heckmann moved
that the communication be received and
filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 344-90
RESOLUTION GRANTING
AUTHORIZATION TO DU-
BUQUE YACHT BASIN TO
SUBLEASE PROPERTY
LEASED FROM THE CITY TO
ANDERSON MARINE COR-
PORATION OF ROSCOE,
ILLINOIS.
Whereas, Dubuque Yacht Basin has re-
quested subleasing of all property leased
by Dubuque Yacht Basin from the City
of Dubuque to Auderson Marine Corpora-
tion, Roscoe, Illinois; and
Whereas, lease agreements with Du-
buque Yacht Basin, one dated April 18,
1970 and the second dated November 23,
1987, stipulates that the Lessee shall have
the right to sublet or assign any of its
rights to the demised premises, to any per-
sou or concern with the prior written ap-
proval of the Lessor in that the Lessor's
interest shall be fully protected and which
approval of the Lessor shall not be
unreasonably withheld; and
Whereas, the sublease agreement with
Anderson Marine Corporation has been
reviewed and interpreted to effectively
protect the interest of the City; and
Whereas, previously a sublease agree-
ment for Dubuque Yacht Basin, Inc. with
Anderson Marine Corporation was ap-
proved on November 16, 1987 for the boat
sales and service facilities operated by
Dubuque Yacht Basin on City owned pro-
perty; and
Whereas, under the current proposed
sublease, property previously leased under
the sublease agreement would be incor-
porated as part of the new sublease agree-
ment; and
Whereas, the current sublease agree-
ment provides that the sublessee would
lease the property from August I, 1990
through October 31, 1991 with the option
of an extension of the sublease until July
31, 1992; and
Whereas, the sublease agreement fur-
ther provides that in event Anderson
elects to extend the term of the sublease
it shall be done so by a notice to Du-
buque Yacht Basin no later than July 31,
1991.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE,IOWA:
Section 1. That approval be granted to
Dubuque Yacht Basin, Inc- to sublease all
Regular Session, August 6, 1990
properties leased from the City of Du-
buque to Anderson Marine Corporation,
Roscoe, Illinois, in accordance with the
sublease agreement submitted to the City
of Dubuque dated July 18, 1990 for period
not beyond July 31, 1992.
Section 2. That extension of sublease
beyond July 31, 1992 be subject to cor.
responding approval of the City as pro-
vided in the lease agreements.
Passed, approved and adopted this 6th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Heckmaun moved
adoption of the Resolution. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Zoning Commission
advising of their approval of final plat of
the Subdiviaion of Lot I - Wayne Anthony
Place located Sontheast of Shiras Avenue
and Eagle Point Drive, presented and
read. Council Member Heckmaun moved
that the communication be received and
filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO- 345-90
A RESOLUTION APPROVING
THE FINAL PLAT OF THE
SUBDIVISION OF LOT I OF
WAYNE ANTHONY PLACE IN
THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with the
City Clerk a fina1 plat of the Subdivision
of Lot I of Wayne Anthony Place, in the
City of Dubuque, Iowa; and
Whereas, said final plat has been ex-
amined by the City of Dubuque Zoning
Commission and had its approval en-
dorsed thereon; and
Whereas, ssid final plat has been ap-
proved by the Dubuque Zoning Commis-
sion on the condition that the applicant
receive a variance from tbe lot frontage
reqnirements of the Zoning Ordinance of
the City of Dubuque, Iowa, granted by the
Zoning Board of Adjustment; and
458
Whereas, said final plat has been ex-
amined by the City Council and the City
Council finds that the same conforms to
the statutes and ordinances relating
thereo; and
Whereas, that Lot 1 of I cannot be fur.
ther subdivided unless adequate frontage
on a public street is provided; and
Whereas, the City Council concurs in
the condition of approval established by
the Dubuque Zoning Commission.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section I. That the above-described final
plat be and the same is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the ap-
proval of the City of Dubuque upon said
final plat provided the owner of said pro-
perty shall execute a written acceptance
hereto attached, acknowledging and
agreeing:
al That the applicant receive a variance
from the lot frontage reqnirements of the
Zoning Ordinaoce of the City of Dubuque,
Iowa, granted by the City of Dubuque
Zoning Board of Adjustment.
bl That Lot I of I caonot be further sub-
divided unless adequate frontage on a
public street is provided.
Section 2. That in the event the owner
fails to execute the acceptance provided
for in Section I herein within 45 days after
the date of this resoultion, the provisions
herein shall be null and void and the ap-
proval of the plat shall not be effective.
Passed, approved and adopted this 6th
day of August, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
ACCEPrANCE OF
RESOLUTION NO. 345-90
I, the undersigned, Wayne Anthony,
having read the terms and conditions of
Resolution No. 345-90 and being familiar
with the conditions thereof, hereby accept
the same and agree to the conditions re-
qnired therein.
Dated at Dubuque, Iowa, This 9th day
of August, 1990.
. By: s/Wayne M. Anthony
459
Regular Session, August 6, 1990
Council Member Heckmaun moved
adoption of the Reaolution. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
There being no further business, Coun-
cil Member Pratt moved to adjourn the
meeting. Seconded by Council Member
Hecknumn. Carried by the following vote:
Yeas-Mayor Brady, CollOcil Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None. Meeting
adjourned at 1:24 a.m. August 7, 1990.
Mary A. Davis
City Clerk
Approved ~ / 7 , 1991
A~~ ~991
~L
Attest: 11.. ¿.~
~ City Clerk
""'" -
Regular Session, August 20, 1990
460
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
ReguIar Session, August 20, 1990.
Council met at 7:30 p.rn., Public Library
Auditorium.
Present: Mayor Brady, CollOcil Mem-
bers Deich, Heckmaun, Kluesner, Nichol-
son, Pratt, Voetberg, Assistant City
Manager Stephani Johnaon, Corporation
Counsel Barry A. Linda!ù. Absent-City
Manager W. Kenneth Gearhart.
Mayor Brady read the call and stated
that this is the Regular MontWy Meeting
of the City Council called for the purpose
to act upon such business which may pro-
perly come before the Council.
The invocation was given by Rev. Alan
Selig, Pastor of the First Baptist Church.
PROCLAMATION: September 3-8 as
"Union Label Week" received by Francis
GillOt..
ACTION Acknowledgement Certifi-
cates were presented to City Employees
by Huroan Services Director Randy Peck
and Fire Chief Bill Miller.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing for
the purpose to consider an Ordinance
vacating a 20 foot wide alley south of
University Ave. and alao to consider
disposing of said rea! estate, presented
and read There were no written objections
received and no oral objectors present at
the time of the Hearing. Council Member
Heckmaun moved that the proof of pub-
lication be received and filed. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Council Member Kluesner moved that
the rules be suspended to allow anyone
present to address the Council if they ao
desire. Seconded by CollOcil Memher
Pratt. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
An Ordinance Vacating a 20 foot wide
alley aouth of University Avenue and run-
ning from E.P.L. of Algona street to the
W.P.L. of Auburn Street, said Ordinance
having been presented and read at the
Council Meeting of August 6, 1990, pre'
sented for final action. CollOcil Member
Heckmaun moved final adoption of the
Ordinance. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Hecknuum, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 62-90
ORDINANCE VACATING A20
FOOT WIDE ALLEY SOUTH
OF UNIVERSITY A VENUE
AND RUNNING FROM E.P.L.
OF ALGONA STREET TO THE
W.P.L- OF AUBURN STREET
Whereas, University of Dubuque has re-
quested the vacation of an alley south of
University Avenue and running from the
E.P.L. of Algona Street to the W.P.L. of
Auburn Street; and
Whereas, the University of Dubuque
has prepared and submitted to the City
Council a plat showing the vacated alley
and assigned a Lot nurober thereof, which
hereinafter shall be known and described
as Lot C of Roche's Subdivision in the
City of Dubuque, Dubuque County, Iowa;
and
Whereas, the City CollOcil of the City
of Dubuque, Iowa has determined that
this alley is no longer required for public
use and vacating of said alley known as
Lot C of Roche's Subdivision in the City
of Dubuque, Dubuque County, Iowa,
should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate described
as Lot C of Roche's Subdivision in the
City of Dubuque, Iowa, be and the same
is hereby vacated.
Section 2- That the City reserves unto
itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, construc-
ting, reconstructing, repairing, owning,
operating, and maintaining existing util-
ities on said alley, and for storm water
drainage.
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Regular Session, August 20, 1990
is hereby authorized and directed to
record a certified copy of this Resolution
in the Office of the City Assessor, Du-
buque County Recorder and the Dubuque
County Treasurer-
Pas.oo, approved and adopted this 20th
day of August, 1990.
461
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this 24th day of
August, 1990.
Mary A. Davis
City Clerk
It 8/24
RESOLUTION NO. 346-90
Whereas, pursuant to resolution and
published notice of time and place of hear-
ing in the Telegraph Herold, a newspaper
of general circulation pu!ùished in tbe City
of Dubuque, Iowa on the lOth day of
August, 1990, the City Council of the City
of Dubuque, Iowa met on the 20th day of
August, 1990, at 7:30 p.m. in the Public
Library Auditorium, 11th and Locust,
Dubuque CollOty, Iowa to consider the
proposal for the sale of real estate de-
scribed as:
LotC ofRecbe's Subdivision in the
City of Dubuque, Iowa to Univer-
sity of Dubuque
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written, to the proposal
to dispose of interest of the City of Du-
buque, Iowa in the hereinabove described
real estate to UIÙversity of Dubuque.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the dispoal of the in-
terest of the City of Dubuque, Dubnque
CollOty, Iowa in real property deacrlbed
as Lot C of Roche's Subdivision in the
City of Dubuque, Iowa to University of
Dubuque be and the same is hereby ap-
proved for the sum of $600.00 plus plat-
ting and recording fees.
Section 2. That the City reserves unto
itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, construc-
ting, reconstructing, repairing, owning,
operating, and maintaining existing
utilities on asid alley, and for storm water
drainage.
Sectioo 3. ThaI the Mayor be authorized
and directed to execute a Quit Claim
Deed, and the City Clerk be and is hereby
authorized and directed to deliver asid
deed of conveyance to the above named
grantee upon receipt of the purchase price
in full.
Section 4. That the City Clerk be and
Regular Session, August 20, 1990
462
James E. Brady
Mayor
Jaroes E. Brady
Mayor
Atteat:
Mary A- Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Attest:
Mary A. Davis
City Clerk
Council Member Heckmaun moved
adoption of the Resolution. Seconded by
CollOcil Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Hearing on Plans
and Specifications for the Fourth Street
PeIÙnsula P.C. Concrete Paving and
Drainage Project, presented and read.
There were no writteo objections received
and no oral objectors present at the time
of the Hearing. Council Member Voetberg
moved that the proof of publication be
received and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice to Bidders on the
Receipt of Bids for the project and com-
munication of City Manager recommend-
ing to award contract for project,
presented and read Council Member
Voetberg moved that the proof of publica-
tion be received and filed. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 346-90
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Fourth
Street Peninsula - P.C. Concrete Paving
and Drainage Project pursuant to Resolu.
tion No. 299-90 and notice to bidders
published in a newspaper publiahed in the
City of Dubuque, Iowa on the 20th day
of July, 1990.
Whereas, said sealed proposals were
opened and read on the 9th day of August,
1990 and it has been determined that the
bid of the Flyno Company, Inc. of Du-
buque, Iowa in the amount of $654,846.82
was the lowest bid for the furnishings of
all labor and materials and performing the
work as provided for in the plans and
specifications.
RESOLUTION NO. 347-90
RESOLUTION ADOPTING
PLANS AND SPECIFICA nONS.
Whereas, on the 11TH DAY OF JULY,
1990, plans, specifications, form of con-
tract and estimated cost were filed with
the City Clerk of Dubuque, Iowa for the
FOURTH STREET PENINSULA - P.C.
CONCRETE PAVING AND DRAIN-
AGE PROJECT.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as required
by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form
of contract and estimated cost for asid im-
provements for said project.
Passed. adopted and approved this 20th
day of August, 1990.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the contract for the above im-
provement be awarded to the Flyno Com-
pany, Inc., subject to the concurrence of
the Iowa Department of Transportation,
and the Manager be and is hereby directed
to execute a contract on behalf of the City
of Duboque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
- --
and the approval of the contractor's bond,
the City Treasurer is authorized and in-
structed to return the bid deposits of the
unauccessful bidders.
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A- Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
An ORDINANCE Providing that Code
of Ordinance be aroended by adopting an
amended Conceptual Development Plan
for the Kennedy Mall PC Planned Com-
mercial District at 555 John F. Kennedy
Road. (Deferred from meeting of June 4,
1990), presented and read. Council
Member Pratt moved that action on the
Ordinance be deferred until such time as
Cafaro Company presents final approval
plans, no later than 1st meeting in May
1991. Seconded by Conncil Member Voet-
berg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-CollOcil Member Deich.
Communication of Zoning Cornnússion
advising of thair approval to rezone pro-
perty located at 607-609 E. 22nd Street
from R2A to CI District, presented and
read. Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Deich. Car-
ried by the following vote: Y eas- Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
An Ordinance Amending Zoning Or-
dinance by reclassifying property located
at 607-609 E. 22nd Street from R2A
Alternate Single Family Residential
District to CI Neighborhood Commercial
District, presented and read.
Council Member Pratt moved that this
be considered the first reading of the Or.
dinance, and that the reqIÙrement that a
propoeed Ordinance be considered and
voted on for passage at two council
meetings prior to the the meeting at which
it is to be finally adopted be suspended
and further moved that a Public Hearing
he held on the Propoeed Ordinance on the
4th day of September, 1990 at 7:30 p_m.
463
Regular Session, August 20, 1990
in the Public Library Auditorium and that
the City Clerk publish notice in the man-
ner prescribed by law. Seconded by Coun-
cil Member Deich. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann. Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of Zoning Commission
advising of their approval to rezone pro-
perty at 1660 Asbury Road from OR and
R-l to C2, preaented and read. Council
Member Kluesner moved that the com-
munication be received and filed. Second-
ed by Council Member Voetberg. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
An Ordinance Amending Zoning Or-
dinance by reclassifying property located
at 1660 Asbury Road from Rl Single
Family Residential and OR Office
Residential DistrIct to C2 Neighborhood
Shopping Center District, presented and
read. Council Member Kluesner moved
that this be considered the first reading
of the Ordinance, and that the require-
ment that a proposed Ordinance be con-
sidered and voted on for passage at two
council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved tliat a
Public Hearing be held on the Proposed
Ordinance on the 4th day of September,
1990 at 7:30 p.m- in the Public Library
Auditorium and that the City Clerk
publish notice in the mauner preacrlbed
by law. Seconded by CollOcil Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, CollOcil Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Communication of Zoning Comndssion
advising of their approval to aroend the
Zoning Ordinance Text Amendment by
changing citations for the duties and
powers of the City Staff and Zoning Com.
missioo to reflect the division of the Plan.
ning and Zoning Comndssion, preaented
and read. Council Member Voetberg
moved that the communication be receiv.
ed and filed. Seconded by Council Member
Heckmaun. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann. Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
An Ordinance Amending Appendix A,
of the Code of Ordinances by repealing
references therein to "City Development
Planner" and enacting in lieu thereof the
reference "City Planner"; and by repeal-
ing references therein to "Development
Services", and enacting in lieu thereof the
"..'" --
reference "Plauning Services"; and by
repealing references to "Planning and
Zoning Comndssion" and "Plaoning Com-
mission" and enacting in lieu thereof the
reference "Zoning Commission"; and
repealing references therein to "City Plan"
and enacting in lieu thereof "Comprehen-
sive Plan"; and by adding the reference
therein to "Long Range Planning Com-
mission", preaented and read.
CollOcil Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which it
is to be finally adopted be suspended and
further moved that a Public Hearing be
held on the Proposed Ordinaoce on the 4th
day of September, 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,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Zoning Commission
advising of tbeir denial to amend the Zon-
ing Ordinance Text Amendment to add
"Hobby Shops" as a permitted uae in the
CI Zoning District, presented and read.
CollOcil Member Kluesner moved that
they affirm the Zoning Commission's deci-
sion. Seconded by CollOcil Member Heck-
mann. Vote on the motion was as follows:
Yeas-Council Members Heckman,
Nicholson, Pratt. Nays-Mayor Brady,
Council Members Deich, Kluesner,
Voetberg. MOTION FAILED.
Collocil Member Voetberg moved that
the communication be received and filed.
Seconded by CollOcil Member Deich. Car-
ried by the following vote: Y eas- Mayor
Brady, Council Members Deich. Kluesner,
Nicholson, Pratt, Voetberg. Nays-
CollOcil Member Heckmann.
An Ordinance Amending Appendix A
of the Cnde of Ordinances by enacting a
new Section 3-3.l(BKI8) to allow a Hob-
by Shop as a permitted uae in the C-l
Neighborhood Commercial District,
presented and read.
CollOcil Member Voetberg moved that
this be the first reading of the Ordinance
and that it be act for Public Hearing on
September 17, 1990 at 7:30 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in tbe manner
preacrlbed by law. Seconded by Council
Member Deich. Carried by the following
Regular Session, August 20, 1990
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Kluesner, Nicholson, Pratt,
Voetberg. NaYS-Council Member
Heckmann.
Communication of City Manager sub-
mitting documents providing for the
property purchase exchange agreements
for the Fifth Street extenaion right-of-way
into the Fourth Street Peninsula area
between the City of Dubuque, John & Jim
Christenaen and Fischer, Inc., presented
and read. Council Member Voetberg
moved that the COmmunication be re-
ceived and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Nicholson, Pratt, Voetberg. NaYS-None.
Communication of Zoning Commission I
advising of their approval of final plat of
the subdivision of Lot 10 in the Industrial
Subdivision #2 and vacated portions of
alley and Bndega Street in the City, pre-
sented and read. Council Member Voet-
berg moved that the Communication be
received and filed. Seconded by Council
Member Nicbo1son. Carried by the follow-
ing vote: Yeas-Mayor Brady, CollOcil
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
~
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
COmmunication of Zoning Commission
advising of their approval of final plat of
the Subdivision of Lot II in the Industrial
Subdivision #2 and vacated portions of
alley and Bndega Street in the City of
Dubuque, preaented and read. Council
Member Voetberg moved that the com-
munication be received and filed. Second-
ed by Council Member Nicholson. Cahied
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 349-90
A RESOLUTION APPROVING
PLAT OF THE SUBDIVISION
OF WT 10 OF INDUSTRIAL
SUBDIVISION NO- 2
Whereas, there has been preaented to
the City Council of the City of Dubuque,
Iowa, a plat dated the 12th day of June,
Prepared by the City of Dubuque, describ-
ing the subdivision of Lot 10; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated the 12th
day of June, 1990 prepared by the City
of Dubuque, relative to the real estate
hereinabove described be and the same is
hereby approved, and tbe Mayor and City
Clerk be and they are hereby authorized
and directed to execute said plat for and
on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and certified copy of this Resolu-
tion in the office of the Recorder, in and
for Dubuque County, Iowa
RESOLUTION NO- 350-90
RESOLUTION APPROVING
PLAT OF A VACATED POR-
TION OF A 20" ALLEY LYING
EAST OF THE E.P.L. OF
BODEGA STREET RUNNING
EAST 115.82 FEET ALONG ITS
N.P.L., BODEGA STREET RUN-
NING FROM N.P.L. OF 5TH
STREET TO N.P.L. OF SAID
ALLEY AND ADAMS STREET
RUNNING FROM E.P.L. OF
ADAMS STREET EXTENDED
NORTH TO S.P.L. OF 5TH
STREET AND THE SUBDIVI-
SION OF LOT 11 OF INDUS-
TRIAL SUBDIVISION NO.2
AND BODEGA STREET FROM
THE S.W. CORNER OF LOT 2
OF LOT 8 OF INDUSTRIAL
SUBDIVISION NO.2 TO THE
S.P.L. OF 5TH STREET
Whereas, there has been presented to
the City Council of the City of Dubuque,
Iowa, a plat dated February 20 1990,
prepared by City of Dubuque, Dubuque,
Iowa, describing the vacated POrtion of
the 20' wide alley, Bndega Street, and
Adams Street and the Subdivision of Lot
11 of Industrial Park Subdivision No- 2;
and
Wheras, said plats conform to the laws
and statutes' pertaining thereto.
465
Regular Session, August 20, 1990
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated February
20, 1990 prepared by the City of Dubuque,
relative to the real estate hereinabove
described be and the same is hereby ap-
proved, and the Mayor and City Clerk be
and they are hereby authorized and
directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file asid
plat and certified copy of this Resolution
in the office of the Recorder, in and for
Dubuque County, Iowa.
Passed. approved aod adopted tids 20th
day of August, 1990.
Jaroes E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Merober Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nichoison. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None-
An Ordinance Vacating said property
and setting for public hearing on Sep-
tember 4, 1990, presented and read.
CollOcil Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the reqnirement that
a proposed Ordinance be considered and
voted on for passage at two council
meetings prior to the meeting at which it
is to be finally adopted be suspended and
further moved that a Public Hearing be
held on the Proposed Qrdinaoce on the 4th
day of September, 1990 at 7:30 p.1o. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law- Seconded by CollOcil
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann. Kluesner,
Nicholson. Pratt, Voetberg. Nays-None.
RESOLUTION NO. 351-90
RESOLUTION DISPOSING OF
CITY INTEREST IN LOT A OF
LOT 11, LOT B OF LOT 11 LOT
2 OF 11 AND LOT A OF LOT 2
OF LOT 12 ALL OF INDUS-
TRIAL SUBDIVISION NO. 21N
THE CITY OF DUBUQUE,
IOWA.
"""-'----
Whereas, the City of Dubuque has re-
quested the vacation of a portion of 20.
alley lying east of the E.P.L. of Bodega
Street ruuoing east 115.82 feet along its
N.P.L., Bodega Street from the N.P.L. of
5th Street to the N.P.L. of said alley,
Bodega Street from the S- W. comer of Lot
2 of 8 in Industrial Subdivision No.2 to
the S.P.L. of 5th Street and Adams Street
from the E.P.L. of Adams Street extend-
ed north to the S.P_L. of 5th Street and
Lot 2 of Lot 11; and
Whereas, the City of Dubuque, Du-
buque, Iowa has prepared and submitted
to the City CollOcil a plat showing the
vacated portion of a 20' alley and Bodega
Street and assigned a lot number thereof,
which hereinafter shall be known and
described as Lot A and Lot B of Lot 11
of IndustrIal Subdivision No.2 and
Adams Street and assigned lot number
thereof, which hereinafter shall be known
and described as Lot A of Lot 2 of Lot 12
of Industrial Subdivision No.2 and sub-
divided Lot 11 into Lot I, Lot 2 and Lot
3 all of Lot 11 of Industrial Subdivision
No.2; and
Whereas, the City CollOcil of the City
of Dubuque, Iowa has determined that
this portion of 20' alley, Bodega and
Adams Street and Lot 2 of Lot 11 are no
longer required for public use, and
vacating and sale of said portion of 20'
alley and Bodega Street known as Lot A
and Lot B of Lot 11 of IndustrIal Subdivi-
sion No.2, and Adaros Street known as
Lot A of Lot 2 of Lot 12 of Industrial Sub-
division No.2 and Lot 2 of Lot 11 of In-
dustrIal Subdivision No.2 all in the City
of Dubuque, Dubuque CollOty, Iowa
should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE,IOWA:
Section I. That the City of Dubuque in-
tends to dispose of its interest in Lot A
and Lot B of Lot 11 and Lot A of Lot 2
of Lot 12 and Lot 2 of 11 all in Industrial
Subdivision No.2 in the City of Dubuque,
Iowa.
Section 2. That the conveyance of Lot
A of Lot 11 and Lot 2 of Lot 11 of In-
dustrial Subdivision No.2 in the City of
Dubuque, Iowa to Jim & John Christen-
sen and Lot A of Lot 2 of Lot 12 of In-
dustrial Subdivision No- 2 in the City of
Dubuque, Iowa to Fischer Inc.
Section 3. That Lot B, Lot 1 and Lot
3 all of Lot 11 of Industrial Subdivision
No.2 remain as City of Dubuque
ownership.
Regular Session, August 20, 1990
Section 4. That the City Clerk be and
is hereby authorized and directed to cause
and notice of intent to dispose of said real
estate in the mauner as prescribed by law.
Passed, approved aod adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution and set the matter
for Public Hearing on September 4, 1990
at 7:30 p.m. in the Public Library
Auditorium and the City Clerk to publish
notice in the mauner prescribed by law.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of City Manager sub-
mitting documents providing for bidding
procedures for the installation of left turn
lanes aod street lighting at the intersec-
tion of U.S. Highway 20 and the Menard
Drive/Crescent Ridge intersection,
presented and read. Council Member
Kluesner moved that the communication
be received and filed. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 352-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for
the Dodge Street at Menard Drive - P.C.
Concrete Turn Lanes and Intersection
Lighting, in the estimated amount of
$58,407.92, are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, approved and adopted this 20th
day of August, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
CollOcil Member Kluesner moved
466
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 353-90
FIXING DATE OF HEARING
ON PLANS AND
SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its prelimi-
nary approval on the proposed pions,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Dodge
Street at Menard Drive - P.C. Concrete
Torn Lanes and Intersection Lighting.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That on the 17th day of September,
1990, a public hearing will be held at 7:30
p.m. in the Public Library Auditorium at
which time interested persons may appear
and be heard for or against the proposed
plans and specifications, form of contract
and cost of said improvement, and the
City Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be not
less than four days nor more than twen-
ty days prior to the day fixed for its con-
sideration. At the hearing, any interested
person may appear and file objections to
the proposed plans, specifications, con-
tract, or estimated cost of the improve-
ment.
Passed, approved and adopted tids 20th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO- 354-90
ORDERING BIDS
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
467
Regular Session, August 20, 1990
THE CITY OF DUBUQUE, IOWA:
Thai the Dodge Street at Menard Drive
- P.C. Concrete Turn Lanes and Intersec-
tion Lighting is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the aroount 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 Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having gen-
eral circulation in the City of Dubuque,
Iowa, which notice shall not be less than
four days nor more than twenty days prior
to the receipt of said bids at 2:00 p.m. on
the 6th day of September, 1990. Bids shall
be opened and read by the City Clerk at
slÙd time and will be submitted to the
Council for final action at 7:30 p.m. on the
17th day of September, 1990.
Pasaed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Collo-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, CollOcii
Members Deich, Heckmann, Kluesner,
Nicholson. Pratt, Voetberg. Nays-None.
BOARDS/COMMISSIONS
Housing Commission: Three 3-Year
terms which expire 8-17-93 (Terms of
McDonald, Fisch & LaRuel. Applicants:
Diane Heim, Robert Fisch, Ann E.
Michalald. PaulaM. StenIllOd. Vote on the
appointment was as follows: Mayor Brady
voted for Fisch, Michalski, and Stenluod.
Council Member Deich voted for Fisch,
Michalski and Stenluod. Couocil Member
Heckonum voted for Fisch. Michalski and
StenIllOd. Council Member Kluesner voted
for Fisch, Michalski and Stenlund. Coun-
cil Member Nicholson voted for Fisch,
Micha1ski and Stenlund. Council Member
Pratt voted for Fisch, Michalski and
Stenlund. Council Member Voetberg
voted for Fisch. Michalski and Stenlund.
Therefore, Robert Fisch reappointed,
Ann Michalski and Paula Stenlund ap-
pointed to a three year term on the Hous-
ing Commission which will expire Aug. 17,
1993.
,"""
Transit Board of Trustees: Three 3- Y ear
terms which will expire 7-30-93 (Terms of
Enderson. Hilvers & Fuerstel. Applicants:
George Enderson, William Hilvers, David
J. Lange, Michael W. Sand. Vote on the
appointment was as follows: Mayor Brady
voted for Enderson, Hilvers and Sand;
Council Member Deich voted for Ender-
son, Hilvers & Sand; Council Member
Heckmann voted for Enderson, Hilvers
and Sand; CollOcil Member Kluesner
voted for Enderson, Hilvers and Sand;
CollOcil Member Nicholson voted for
Enderson, Hilvers and Lange; Council
Member Voetberg voted for Enderson,
Hilvers and Lange.
Therefore, George Enderson, Jr. and
William Hilvers were reappointed and
Michael W. Sand appointed to three year
terms on the Transit Board of Trustees
which will expire July 30, 1993.
Petition of Attoruey Wayne Norman,
Jr.. representing Steven Boge, appealing
the moratorium on development 01 proper-
ty within the OR zoning classification,
presented and read. Council Member
Voetberg moved that the petition be
received and filed. Seconded by Council
Member Deich. Carried by the following
vote: Yeas-Mayor Brady, CollOcil Mem-
bers Deich, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None. Abstain-Council
Member Heckmann
Communication of Corporation CollOsel
Lindshl recommending denial of request
to develop the property in compliance
with the existing wning classification,
presented and read. CollOcil Member
Voetberg moved that the communication
be received and filed and concurred with
recommendation to deny. Seconded by
CollOcil Member Deich- Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner,
Nicholson. Pratt, Voetberg. Nays-None.
Abstain-CollOcil Member Heckmann.
Petition of Attorney Robert Bertsch on
behalf of Carl J. Burbach requesting City
CollOcil to initiate actions appropriate to
provide property located south of Penn-
sylvania Ave- and East of the Northwest
Arterial with access to the Northwest
Arterial at such location or locations as
may be consistent with the interests of the
City and the property owner, presented
and read. Council Member Kluesner
moved that the petition be received and
filed. Seconded by Council Member Deich.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg- Nays-None.
Regular Session, August 20, 1990
Communication of City Manager re-
questing approval of letter to be signed
by Mayor Brady and forwarded to Mr.
Bertsch reaffinning Council's concerns
regarding the development of said proper-
ty owned by Carl Burbach, presented and
read. Council Member Kluesner moved
that the conununication be received and
filed and approved recommendation for
Mayor to sign the letter. Seconded by
CollOcil Member Deich. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Mr. John Moore submitting Resolution
to reconsider the previously submitted re-
quest to initiate a public hearing to Quit
Claim Deed Lot 13, Hill St. Addition of
Rogers Subdivision to John W. Moore,
Box 1282, Dubuque, IA presented and
read. Council Member Deich moved that
the Resolution be received and filed and
to deny the request to reconsider on
grounds we have gone over the matter
several times. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Membere Deich, Heckmaun, Kluesner,
Nicholaon, Pratt, Voetberg. Nays-None.
Mr. John Moore submitting copy of let-
ter to Legal Department regarding an Or-
dinance (proposed) to establish Concept-
Sheet Wire Telegraph Franchise for a
three year period to John W. Moore of J.
Moore, Definitive's Ltd., presented and
read- Council Member Pratt moved that
the communication be received and filed
and proposal denied. Seconded by Coun-
cil Member Kluesner. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
August 9, 1990
Mayor James E. Brady and
Members of the City Council
c/o Mrs. Mary Davis
City Hall
Dubuque, Iowa 52001
Re: Request of John Moore for telegraph
franchise
Dear Mayor and Council Members:
At the Council Meeting of August 6,
1990, you referred to the Legal Depart-
ment the request of John Moore for a
telegraph franchise.
Mr. Moore has submitted a propoeed or-
dinance establishiog a telegraph franchise
for a tbree-year period, which he claims
-
468
"will employ satellite antenna with a
short-wave radio - facsimile system with
transformer. "
The granting by a city of a franchise is
governed by Iowa Code Section 364.2141.
Under Paragraph (ai, a city may grant
a franchise for a telegraph for a term of
not more than 25 years.
Under Paragraph Ibl, no franchise or-
dinance is effective unless approved at an
election. The City Council "on its own mo-
tion" may submit a proposal to establish
a franchise to the voters at any city elec-
tion; or if a petition is submitted, signed
by eligible electors of the city equal in
numher to 10% of the persons who voted
at the last preceding city election, then the
city council must submit such proposal to
the voters at the next regular city election
or at a special election called for that pur-
pose prior to the next city election.
Under Paragraph (d), the person asking
for the franchise must pay the costs of
holding the election and notice thereof.
The franchise is not effective until pay-
ment of such costs by the person re-
questing it.
Thus, before considering Mr. Moore's
request further, he should understand and
agree thet he would he required to pay the
cost of an election, which I understand
would be between $5,000 and $10,000.
If Mr. Moore presents a petition signed
by 10% of the voters, then the CollOcil
must submit his request to the voters;
otherwise, it is up to the Council to decide
whether to submit the proposal "on its
own motion" to the voters.
To my knowledge, the only franchise
the City of Dubuque has granted are to
Interstate Power Company and TCI
Cable. Both of these franchises require,
among other things, that the companies
granted the franchises provide proof of
their fmancial capability to establish and
maintain the franchise. The franchise also
require the companies to agree to indem-
nify the City and to hold the City
harmless from any damages that arise out
of the franchise, and to provide adequate
insurance for such purposes. It would he
appropriate to require of anyone request-
ing a franchise, which uses the public
right-of-way, to similarly provide proof of
financial responsibility.
Mr. Moore, like any other person, firm
or Corporation requesting a franchise,
should be required to establish, prior to
proceeding with his request, his financial
responsibility and to agree that he would
provide adequate insurance and would in-
demnify the City from damage claims.
By this letter, I am requesting of Mr.
Moore that he submit the following to the
City Clerk:
I. A written agreement that he will pay
the costs of any franchise election and
notice thereof;
2. A written agreement that in the event
a franchise is granted, he will provide the
City with an indemnity agreement, in a
form acceptable to the City, that he will
indemnify and hold the City harmless
from any damages that arise out of the
granting of the franchise;
3. Proof of financial responsiblity, show-
ing that he is capable of installing and
maintaining a telegraph franchise;
4. An agreement that in the event the
franchise is granted, he will provide in-
surance, naroing the City as an additional
insured, by an insurance company, author-
ized to do business in the state of Iowa,
providing adequate coverage for any
claims that might arise out of the grant-
ing of the franchise.
When those matters have been submit-
ted, the question of whether or not to sub.
mit his request for a franchise should be
placed on the Council agenda.
Very sincerely,
Barry A. Lindahl
Corporation CollOsel
cc: Mr. W. Kenneth Gearhart
cc: Mr. John W. Moore
CollOcil Member Pratt moved that the
communication be received and filed and
be made a matter of record. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager advis-
ing the City Council of State's request for
repayment of a portion of CyCare
Systems, Inc- CEBA Grant and request-
ing authorization to make such payment,
presented and read. Council Member
Voetberg moved that the communication
be received and filed and approved re-
quest. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Communication of City Manager sub-
mitting proposed changes to the Electrical
Code for Council conaideration, presented
Regular Session, August 6, 1990
and read. Council Member Pratt moved
that the communication be received and
filed. Seconded by Council Member Heck-
mann. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
An Ordinance Amending Code of Or.
dinances by repealing Section 83-4 and
83-6 of Chapter 18, Electricity, relating to
examination required, exam fees and re-
examination, and by adopting in lieu
thereof new Section 83-4 and 83-6 relatiog
to exaroination required, exam fees and re-
examination therefor, presented and read.
Council Member Pratt moved that this
be considered the first reading of the Or-
dinance and that the rules be waived re-
quiring that an Ordinance be presented
and read at two meetings prior to the
meeting at which there is to be final ac-
tion, and further moved final adoption of
the Ordinance. Seconded by Council
Member Heckmann. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 63-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA, BY REPEALING SEC-
TIONS 83-4 AND 83.6 OF
CHAPTER 18, ELECTRICITY
RELATING TO EXAMINA-
TION REQUIRED, EXAM
FEES AND RE-EXAMINA-
TION, AND BY ADOPTING IN
LIEU THEREOF NEW SEC-
TIONS 83-4 AND 83-6
RELATING TO EXAMINA-
TION REQUIRED, EXAM
FEES AND REEXAMINATION
THEREFOR
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Sections 83-4 and 83-6 of the
Code of Ordinances of the City of Du-
buque, Iowa, are hereby repealed.
Section 2. The following new Sections
83-4 and 83-6 are hereby adopted:
"Sec. 83-4. Exaroination Required:
Application Fee; Reexamination
Upon Failure of Exaroination. Any
person desiring to be exaroined for
a registration certificate as an elec-
trical contractor or a certificate of
469
Reiular Session, August 20, 1990
competency for electrical mainte-
nance or as a journeyman electri-
cian by the Electrical Code Board,
as determined by this article, shall
make application to the Electrical
Code Board on blanks furnished by
the Board, settiog forth informa.
tion necessary to establish quali-
fications as such and payment of
an examination fee of one hllOdred
dollars 1$100_00) for electrical con-
tractor's regiatration; fifty dollars
1$50.00) for electrical maintenance
certificate of competency and
eighty dollars ($80.00) for a jour-
neyman electrician's certificate of
competency. Persons failing an ex-
aroination and deairing to take tbe
exaroination again must make ap-
plication for the examination and
pay the examination fee as required
in the first instance."
"Sec. 83-6. Reexaroination. Should
an applicant for registration under
this article fail to pass an exaroina-
tion by not obtaining a rating
thereon of seventy.five percent
(75%) or higher, such applicant
may be reexamined upon submit-
ting an application in writing ac-
companied by the exaroination fee,
after a period of sixty (60) days has
elapsed from the date of the appli-
cant's last previous exaroination."
Section 3. This ordinance shall take ef-
fect immediately upon publication as pro-
vided by law.
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegroph
Herald Newspaper this 24th day of
August, 1990.
Mary A. Davis
City Clerk
It 8/24
Communication of City Manager re-
questing approval of an amendment to or-
dinance which established a moratorium
on the issuance of building permits in the
OR Office Residential District, presented
and read Council Member Kluesner
moved that the communication be re-
ceived and filed Seconded by Council
Member Heckmaun. Carried by the fol-
lowing vote: Yeas-Mayor Brady, Coun-
cil Members Deicb, Heckmaun, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance Repealing Ordinance No.
60-90 which established a moratorium on
the issuance of building permits in the OR
Office Residential District in the City of
Dubuque, Iowa, and adopting a new Or.
dinance amending Section 11-58 of the
City of Dubuque Code of Ordinances, pro-
viding for a moratorium on the issuance
of building permits for new construction
in the OR Office Residential District in
the City, presented and read.
CollOcil Member Kluesner moved that
this be considered the first reading of the
Ordinance and that the rules he waived
requiriog that an Ordinance he presented
and read at two meetings prior to the
meeting at which there is to be final ac-
tion, and further moved final adoption of
the Ordinance. Seconded by Council
Member Heckmaun. Carried by the fol-
lowing vote: Yeas-Mayor Brady, Coun.
cil Members Deich, Heckmaun, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 64-90
AN ORDINANCE REPEALING
ORDINANCE NO. 60-90,
WHICH ESTABLISHED A
MORATORIUM ON THE ISSU-
ANCE OF BUILDING PER.
MITS IN THE OR OFFICE
RESIDENTIAL DISTRICT IN
THE CITY OF DUBUQUE,
IOWA, AND ADOPTING A
NEW ORDINANCE NO. 64-90,
AMENDING SECTION 11-58
OF THE CITY OF DUBUQUE
CODE OF ORDINANCES, PRO-
VIDING FORA MORATORIUM
ON THE ISSUANCE OF
BUILDING PERMITS FOR
NEW CONSTRUCTION IN THE
OR OFFICE RESIDENTIAL
DISTRICT IN THE CITY OF
DUBUQUE, IOWA.
Whereas, the City Council did request
the Zoning Commission to study the
regulations relating to the OR Office
Residential District, and to make its
recommendation to the City CollOcil for
Zoning Ordinance amendments; and
Whereas, the Zoning Commission will
form a committee to study the OR Office
Residential District for redevelopment op-
POrtunities, appropriate use of land and
the promotion of compatible iand uses in,
along and adjacent to the OR Distric~ and
Whereas, the City Council has received
a citizen's petition requesting a
moratorium on the issuance of building
permits in the OR Office Residential
District; and
470
471
Regular Session, August 20, 1990
Whereas, the City CollOcil does desire
to establish a moratorium on the issuance
of building permits for new construction,
excluding repairs to existing structures,
withio OR Office Residential Districts.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Ordinance No- 60-90 is hereby
repealed.
Section 2. Section 11-58 of the Code of
Ordinaoces of the City of Dubuque, Iowa,
is aroended by adding thereto the
following:
(e) "No building permit for new con-
struction within the OR Office Residen-
tial District as shown on the Official Zon-
ing Map shall be issued by the building
official from the date of the publication of
this ordinance fo.- a period of one-hllOdred
eighty (1801 days thereafter. The
moratorium provided for herein shall not
be conatrued to deprive aoy person, firm,
or corporation of a vested right which
such person. linn 0.- corporation may have
acquired as a matter of law for the is-
suance of a building permit as of the ef-
fective date of the adoption of this or-
dinance. Any person, firm, or corporation
aggrieved by or adversely affected by the
building official's refusal to issue a
building permit pursuant to this mora-
torium shall appeal therefrom to the City
CollOcil of the City of Dubuque".
Passed, approved and adopted this 20th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this 24th day of
August, 1990.
Mary A. Davis
City Clerk
It 8/24
Communication of Corporation Counsel
recommending administrative closure of
sewer backup claim of Sam Pusateri
Trust, presented and read. Council
Member Voetberg moved that the com-
munication be received and filed and
directed that the claim not be adminis-
trativaly closed. Seconded by CollOcii
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholaon. Pratt, Voetberg. Nays-None.
Petition of Sara Pusateri requesting
CollOcil to resubmit his claim to Alexsis
for reappraiaal, presented and read. Coun-
cil Member Voetberg moved that thepeti-
tion be received and filed and referred to
the Legal Staff. Seconded by Council
Member Nicholson. Carried by the follow-
ing ,ote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager recom-
mending acceptance of purchase of pro-
perty from Fischer, Inc. as part of the 5th
Street extension into the 4th Street Penin-
sula, preseoted and read. CollOcil Member
Voetberg moved that the communication
be received aod filed. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 355-90
A RESOLUTION ACCEPTING
QUIT CLAIM DEED FOR THE
ACQUISITION OF REAL ES-
TATE BY THE CITY OF DU-
BUQUE FROM FISCHER IN-
VESTMENT COMPANY AND
FISCHER, INC.
Whereas, the City of Dubuque, a
municipal corporation. aod the Fischer In-
corporated, a group of Iowa corporations,
have entered into a Memorandum of
Agreement dated April 16, 1990; and
Whereas, pursuant to such Memoran-
dum of Agreement, the parties have
agreed to the purchase aod/or exchange
of certain properties referred to in such
Memorandum of Agreement; and
Whereas, the Fischer Companies have
now conveyed such property as is required
under the Memorandum of Agreement to
the City.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That City CollOcil of the City
of Dubuque, Iowa, hereby approves of the
conveyances of property set forth on the
attached Quit Claim Deeds executed by
Fischer Investment Company and Fisch-
er, Inc. Said real estate is described as
Lots 1 of I, 2 of 1, 1 of 12, 1 of 13, 1 of
14, 1 of 15, 1 of 16, and I of 17 of In-
dustrial Subdivision No.2.
Section 2. That City Clerk is hereby
authorized and directed to record copies
of such Quit Claim Deeds in the office of
Regular Session, August 20, 1990
the Dubuque CollOty Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager re-
commending acceptance of purchase of
property from Fischer Companies for the
construction and placement of parking lot
for the Ice Harbor area, presented and
read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 356-90
A RESOLUTION ACCEPTING
QUIT CLAIM OF REAL ES.
TATE BY THE CITY OF DU-
BUQUE FROM FISCHER IN-
VESTMENT COMPANY AND
FISCHER, INC.
Whereas, the City of Dubuque, a
municipal corporation, and the Fischer
Companies, a group of Iowa corporationa,
have entered into a Memorandum of
Agreement dated April 16, 1990; and
Whereas, pursuant to such Memoran-
dum of Agreement, the parties have
agreed to the purchase and/or exchange
of certain properties referred to in such
Memorandum of Agreement; and
Whereas, the Fischer Companies have
now conveyed such property as is required
under the Memorandum of Agreement to
the City;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The City CollOcil of the City
of Dubuque, Iowa, hereby approves of the
conveyances of property set forth on the
attached Quit Claim Deeds executed by
"'--.'
472
Fischer Investment Company and Fisch-
er, Inc. Said real estate described as Lot
IA of Block K, Lot I, 2, 3, 4, 5, 6, 7 and
Lot I of 8 of Block K all being of Booth's
Addition.
Section 2. The City Clerk is hereby
authorized and directed to record copies
of such Quit Claim Deeds in the office of
the Dubuque County Recorder, together
with a certified copy of this resolution.
Passed, approved and adopted this 20th
day of August, 1990.
Attest:
Mary A. Davis
City Clerk
Jaroes E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Commuoication of City Manager re-
questing the subdividing and purchase of
property from Jim & John Christensen as
part of the 5th Street extension into the
4th Street Peninsula, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, CollOcil Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 357-90
A RESOLUTION ACCEPTING
QUIT CLAfM OF REAL ES-
TATE BY THE CITY OF DU-
BUQUE FROM JIM AND JOHN
CHRISTENSEN
Whereas, the City of Dubuque, a
muzúcipal corporation, and Jim and John
Christensen have entered into a Memoran-
dum of Agreement dated JllOe 13, 1990;
and
Whereas, pursuant to such Memoran-
dum of Agreement, the parties have
agreed to the purchase and/or exchange
of certain properties referred to in such
Memorandum of Agreement; and
Whereas, Jim and John Christensen
have now conveyed such property as is re-
qnired under the Memorandum of Agree-
ment to the 'City;
473
Regular Session, August 20, 1990
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City
of Dubuque, Iowa, hereby approves of the
conveyances of property set forth on the
attached Quit Claim Deeds executed by
Jim and John Christensen. Said real
estate described as Lot 1-12, l-i3, 1-14
and Lot 1-15 all in Block 29 of Dubuque
Harbor Company's Addition in the City
of Dubuque, Iowa.
Section 2. The City Clerk is hereby
authorized aod directed to record copies
of such Quit Claim Deeds in the office of
the Dubuque County Recorder, together
with a certified copy of this resolution.
Passed. approved aod adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CollOcil Member Voetberg moved adop-
tion of the Resolution. Seconded by Collo-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager re-
questing approval of proposed plan for
resurfacing of Central Avenue from 5th
Street to 20th Street and authorize and
direct the Mayor to execute a Pre-
construction Agreement with the Iowa
Department of Transportation, presented
aod read. Council Member Kluesner
moved that the communication be re-
ceived and fIled. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-CollOcil Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-Mayor Brady.
RESOLUTION NO. 358-90
RESOLUTION APPROVING
PRECONSTRUCTION AGREE-
MENT WITH THE IOWA
DEPARTMENT OF TRANS-
PORTATION FOR REHA-
BILITATION OF CENTRAL
AVENUE
Whereas, the City proposes rehabilita-
tion of Central Aveoue (U.S. #52) from 5th
Street to 20th Street; and
Whereas, construction will eotail the
removal of 3" of asphalt and baSe repair
,. ",-
resurIacing; and
Whereas, Central Aveoue (U.S. #52) is
an element of the State's primary trans-
portation system through the City of
Dubuque; and
Whereas, llOder a Maintenance Agree-
ment executed between the City of Du-
buque and the Iowa Department of
Transportation, the State is responsible
for maintenance of the traveled portions
of the street; and
Whereas, I.D.O.T. has agreed to reim-
burse the City up to approximately
$292,000.00 of a total cost of $460,000.00
for the rehabilitation of the street; and
Whereas, the City will be responsible for
all costs associated with improvements in
the parking lanes, curb and gutter repair
and engineering cost.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the Council approves
plans for the rehabilitation of Central
A venue (U.S. #52) from 5th Street to 20th
Street.
Section 2. That the Mayor be authorized
and directed to execute two copies of the
Preconstruction Agreement identified as
I.D.O.T. Agreement #91-6-003 with the
Iowa Department of Traosportation.
passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-CollOcil Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-Mayor Brady.
Communication of City Manager recom-
mending installation of stop signs at the
intersection of South Booth and Curtis
Streets as requested by Mary Jean
Gregory, presented and read. Council
Member Voetberg moved that the com-
munication be received and filed. Second-
ed by Councll Member Heckmann. Car-
ried by the following vote: Y eas- Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
An Ordinaoce Amending Code of Or-
dinances of the City of Dubuque, Iowa
Regular Session, August 6, 1990
474
by modifying aubsection (b) of Section
32-214 thereof providing for the addition
of stop signs on Curtis Street and South
Booth Street, presented and read.
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance and that the requicement that
a propoeed Ordinance be considered aod
voted on for passage at two Couocil
Meetings prior to the meeting at which it
is to be finally adopted be suspended and
further moved final adoption of the Or-
dinance. Seconded by Council Member
Hecknuum. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 65-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA BY MODIFYING SUB-
SECTION (b) OF SECTION
32-214 THEREOF PROVIDING
FOR THE ADDITION OF STOP
SIGNS ON CURTIS STREET AT
SOUTH BOOTH STREET.
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding Curtis Street to Subsection
Ib) of Section 32-214 thereof as follows:
"See. 32-214. Stop Intersections.
(b)
.....
EASTBOUND AND WESTBOUND
Curtis Street and South Booth Street."
Passed. approved and adopted this 20th
day of August, 1990.
Jaroes E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
September, 1990.
Mary A. Davis
City Cierk It 8/24
Conuounication of City Manager recom-
mending placement of temporary stop
signs at the intersection of 4th and
Central and at the intersection of the new-
ly constructed Jones Street connector and
Main Street, both in conjllOction with the
U.S. 61 construction project, presented
aod read. Council Member Voetberg
moved that the communication be re-
ceived aod filed. Seconded by Council
Member NicholsoIL Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None-
An Ordinance Amending Code of 0r-
dinances by modifying subsection Ib) of
Section 32-214 thereof, providing for the
addition of stop signs on Central Avenue
at Fourth Street, presented and read-
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance and thet the requiremeot that
a propoeed Ordinance be considered and
voted on for passage at two Council
Meetings prior to the meeting at which it
is to be finally adopted and further moved
final adoption of the Ordinance. Second-
ed by Council Member NicholsoIL Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 66-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA BY MODIFYING SUB-
SECTION Ib) OF SECTION
32-214 THEREOF PROVIDING
FOR THE ADDITION OF STOP
SIGNS ON CENTRAL AVENUE
AT FOURTH STREET.
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding Central Avenue to Subsec-
tion (b) of Section 32-214 thereof as
follows:
"See. 32-214. Stop Intersections.
(b)
SOUTHBOUND
Central Avenue and Fourth Street.
WESTBOUND
Jones Street Connector and Main
Street."
475
Re9ular Session, August 6, 1990
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this 24th day of
September, 1990.
Mary A. Dsvis
City Clerk
It 8/24
An Ordinance Amending Code of Or-
dinances by modifying Section 32-174
thereof providing for the change in
desigustion of easterly one-way traffic on
Fourth Street be extended from Iowa
Street to White Street, presented and
read.
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two Council
Meetings prior to the meeting at which it
is to be finally adopted be suspended and
further moved final adoption of the Or-
dinance. Seconded by CollOcil Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, CollOcil Members
Deich, Heckmarm, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 67-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA BY MODIFYING SEC-
TION 32-174 THEREOF PRO-
VIDING FOR THE CHANGE IN
DESIGNATION OF EASTERLY
ONE-WAY TRAFFIC ON
FOURTH STREET BE
EXTENDED FROM IOWA
STREET TO WHITE STREET.
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the Code of Ordinances
of the City of Dubuque, Iowa he aroend-
ed by deleting Fourth Street from Section
32-174 thereof as foliows:
"See. 32-174- One-Way Streets.
(4) Easterly. Traffic shall move easterly
only:
On Fourth Street, West, from Bluff
Street to Iowa Street."
Section. 2 That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding Fourth Street to Section
32-174 thereof as follows:
"See. 32-174- One-Way Streets.
(4) Easterly. Traffic shall move east-
erlyonly:
On Fourth Street, from Bluff Street
to White Street."
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this 24th day of
September, 1990.
Mary A. Davis
City Clerk
It 8/24
Communication of City Manager re-
commending to replace the current stop
signs with yield sigos at the intersections
of Marjo Quarry Road and Inland Drive,
and Inland Drive and Julien Dubuque
Drive as requested by Tschiggfrie Ex-
cavating Company, presented and read.
CollOcil Member Kluesner moved that the
communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas-Mayor
Brady, CollOcil Members Deich, Heck.
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
An Ordinance Amending Code of Or-
dinances by deleting Marjo Quarry Road
and Inland Drive from subsection (b) of
Section 32-214 thereof providing for the
designation of stop signs at their intersec-
tions with Inland Drive and Julien Du-
buque Drive respectively and adding Mar-
jo Quarry Road and Inland Drive to
subsection (b) of Section 32-216 thereof
providing for the designation of Yield
sigos on Marjo Quarry Road and Inland
Drive at their intersections with Inland
Drive and Julien Dubuque Drive respec-
tively, presented and read. Council
Member Kluesner moved that this be con-
sidered the firet reading of the Ordinance
and that the requirement that a proposed
Ordinance be conaidered and voted on for
passage at two Council Meetings prior to
the meeting at which it is to be finally
adopted and further moved final adoption
of the Ordinance. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council
Regular Session, August 20, 1990
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None-
(OFFICIAL PUBLICATION)
ORDINANCE NO. 68-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA BY DELETING MARJO
QUARRY ROAD AND INLAND
DRIVE FROM SUBSECTION (b)
OF SECTION 32-214 THEREOF
PROVIDING FOR THE DESIG-
NATION OF STOP SIGNS AT
THEIR INTERSECTIONS
WITH INLAND DRIVE AND
JULIEN DUBUQUE DRIVE
RESPECTIVELY AND ADD.
ING MARJO QUARRY ROAD
AND INLAND DRIVE TO
SUBSECTION (b) OF SECTION
32-216 THEREOF PROVIDING
FOR THE DESIGNATION OF
YIELD SIGNS ON MARJO
QUARRY ROAD AND INLAND
DRIVE AT THEIR INTERSEC-
TIONS WITH INLAND DRIVE
AND JULIEN DUBUQUE
DRIVE RESPECTIVELY
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend.
ed by deleting Marjo Quarry Road and In-
land Drive from Subsection Ib) of Section
32-214 thereof as follows:
"See. 32-214. Stop Intersections.
(b)
.....
EASTBOUND
Marjo Quarry Road and Inland Drive.
NORTHBOUND
Inland Drive and Julien Dubuque
Drive."
Section 2. That the Code of Ordinances
of the City of Dubuque, Iowa be amend.
ed by adding Marjo Quarry Road and In-
land Drive to Subsection Ib) of Section
32-216 thereof as follows:
"See. 32-216. Yield Intersections.
Ib)
.....
EASTBOUND
-
476
Marjo Quarry Road and Inland Drive.
NORTHBOUND
Inland Drive and Julien Dubuque
Drive."
Passed, approved and adopted this 20th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this 24th day of
September, 1990.
Mary A. Davis
City Clerk
It 8/24
Communication of City Manager re-
questing Council authorization for a
request to the Iowa Department of
Economic Development, for an amend-
ment to the 1989 Program Year Rental
Rehabilitation Program contract for an
additional $50,000, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 359-90
A RESOLUTION AUTHOR-
IZING THE MAYOR TO EX-
ECUTE A CONTRACT AMEND-
MENT WITH THE STATE OF
IOWA DEPARTMENT OF ECO-
NOMIC DEVELOPMENT FOR
THE STATE RENTAL REHA-
BILITATION PROGRAM-
Whereas, the City of Dubuque has re-
quested the State of Iowa for additional
fllOds for participation in the Department
of Economic Development Rental Reha-
bilitation program; and
Whereas, the State of Iowa has offered
the City an additional grant of $50,000.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the Mayor is authorized
and directed to execute an aroendment to
contract number R-89-SG-19-0101.
Section 2. That the City Manager is
hereby authorized and directed to forward
477
Regular Session, August 20, 1990
said executed contract and any other sup-
porting documents in accordance with in-
structions from the State of Iowa Depart-
ment of Economic Development.
Paseed, approved and adopted this 20th
day of August, 1990-
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the foliow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager re-
questing approval to acquire real estate
located at 749 Wilson Street for the
amount of $13,000.00, presented and read.
Conocil Member Voetbergmoved that tbe
communication be received and filed.
Seconded by CollOcil Member Pratt. Car-
ried by the following vote: Y eas- Mayor
Brady, Council Members Deich, Kluesner,
Nicholson, Pratt, Voetberg. Nays-
CollOcil Member Heckmauo.
RESOLUTION NO. 360-90
A RESOLUTION APPROVING
THE ACQUISITION OF REAL
ESTATE ON WILSON STREET,
IN THE CITY OF DUBUQUE.
Whereas, the City of Dubuque is com-
mitted to enforcement of housing quali-
ty standards and to the provision of
assistance toward the addition of housing
units to the City's inventory; and
Whereas, acquisition of suitable proper-
ties, in specific instances, is an appropriate
means of achieving these goals.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the City of Dubuque
hereby approves the acquisition of the
following legally described property from
the seller, Paul Wernimont and Donna
Wernimont:
Lot Twenty-seven (27), Wilson's
the Subdivision, in the City of
Dubuque, Iowa, according to the
recorded plat thereof
at the cost of thirteen thousand dollars
($13,000).
Section 2. That the City Manager be
and he is hereby authorized and directed
to accept a Quit Claim Deed from the
owner, conveying the owner's interest to
the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and
she is hereby authorized and directed to
cause said Quit Claim Deed to be record-
ed in the Office of the Dubuque County
Recorder, together with certified copy of
this Resolution.
Section 4. That the City Clerk be and
she is hereby directed to forward a copy
of this resolution to the Dubuque Collo-
ty Assessor and the Dubuque County
Auditor.
Passed. approved and adopted this 20th
day of August, 1990.
Jaroes E. Brady
Mayor
Atteat:
Mary A- Davis
City Clerk
CollOcil Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Nicholson,
Pratt, Voetberg. Nays-CollOcil Member
Heckmauo.
Communication of City Manager re-
questing authorization to acquire two
undeveloped parcels of real property
located on West Locust Street, presented
and read. CollOcil Member Pratt moved
that the communication be received and
filed- Seconded by CollOcil Memher
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, CollOcil Members
Deich, Heckmauo, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 361-90
A RESOLUTION APPROVING
ACQUISITION OF REAL
ESTATE OF WEST LOCUST
STREET, IN THE CITY OF
DUBUQUE
Whereas, the City of Dubuque is
committed to the provision of
assistance toward development of
additional housing affordable to
lower-income persons; and
Whereas, the Dubuque Com-
munity School District has in-
dicated a willingness to transfer
certain real estate to the City in
support of a proposed affordable
housing development.
Regular Session, August 20, 1990
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
hereby approves, subject to contingencies
relating to the feasibility of the proposed
housing development, the acquisition of
the following legally-described property
from the seller, the Dubuque Communi-
ty School District:
Lot Thirty-Five (35) and Lot
Twenty-Six (26), University Place,
in the City of Dubuque, Iowa, ac-
cording to the recorded plat
thereof.
For minimum consideration, and at most
at a cost not to exceed Five Thousand
Dollars ($5,000).
Section 2. That the City Manager be
and he is hereby authorized and directed
to accept a Warranty Deed from the
owner, conveying the owner's interest to
the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and
she is hereby authorized and directed to
cause said Warranty Deed to be record.
ed in the Office of the Dubuque County
Recorder, together with certified copy of
this Resolution.
Section 4. That the City Clerk be and
she is hereby directed to forward a copy
of this Resolution to the Dubuque Coun-
ty Assessor and the Dubuque County
Auditor.
Paseed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager re-
questing CollOcil's concurrence in the
City's propoaed 1991 Legislative State-
ments to be submitted to the League of
Iowa Municipalities, presented and read.
CollOcil Member Pratt moved that the
communication be received and filed and
approved concurrence. Secooded by Coun-
cil Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
CollOcil Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Petition of CollOcil Member Heckmaun
requesting discussion on the issue of In.
dustrial Park expansion, presented and
read. Council Member Pratt moved that
the petition be received and filed and
directed Staff to continue to negotiate
with intensity to end of September, 1990.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas-
Mayor Brady, CollOcil Members Deich,
Heckmauo, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Verbal petition of Mr. Frank Murray,
Public Works Director, to discuss com.
munication and request from Iowa DOT
requesting City restrain from issning
building permits for properties located
withio proposed Dodge Street Corridor
Improvement project. CollOcil Memher
Voetberg moved that Mr. Murray was to
advise of expected issuance of building
permit for Hardees (Dodge St.) and Cor-
poration CollOsel Lindahl to prepare an
Ordinance to delay for issuance of bnihling
permits for 45 days after application.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas-Mayor
Brady, CollOcil Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 362-90
Whereas, Application for Beer Permits
have been submitted and filed to this
Council for approval and the same have
been examined and approved; and
Whereas, The premises to be occupied
by such applicants were inspected and
found to comply with the Ordinances of
this City and have filed proper bonds;
NOW THEREFORE BE IT RE.
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued the
following named applicants a Beer Permit.
CLASS "BE" BEER PERMITS
JFT, LTD, Oky Doky #1
250 W. 1st Street (Sunday Sales)
CLASS "B" BEER PERMIT FIVE DAY
St. Columbkille Church
1240 Rush St. (Sunday Sales)
CLASS "C" BEER PERMIT
Delmar S. & Mary C. O'Hea,
Grandview Milk House
620 S. Grlindview Ave. (Sunday Sales)
--
478
.'
479
Regular Session, August 20, 1990
Rainbo Oil Company, KWIK stop Food
Mart
2255 Kerper Blvd. ¡Sunday Sales)
Trans-Miss Investments, Inc., Oky
Doky #21
2010 Kerper Blvd. (Sunday Sales)
passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson. Pratt, Voetberg. Nays-None.
RESOLUTION NO. 363-90
Whereas, applications for Liquor
Licenses have been submitted to this
CollOcil for approval and the same have
been examined and approved; and
Whereas, the premises to be occupied
by such applicants were inspected and
follOd to comply with the State Law and
all City Ordinances relevant thereto and
they have filed proper bonds;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, !OW A:
That the Manager be authorized to
cause to be issued the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Jaroes R. Bainbridge, Ryan House
1375 Locust St. (Sunday Sales)
Passed, approved and adopted this 20th
day of August, 1990.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Printed CollOcil Proceedings for month
of February, 1990 presented for Council
approval. CollOcil Member Heckmann
"'" .
moved that the proceedings be approved
as printed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson
Pratt, Voetberg. Nays-None. '
MINUTES SUBMITTED - Airport
Commission of 7-10; Housing Cnde Ap-
peals Board of 6-28 & 7-5; Housing Com-
mission of 7-10 & 7-24; Human Rights
Commission of 7-9; Park & Recreation
Commission of 7-26; Transit Board's Com-
parative Earnings Statement and Sta-
tistics; Zoning Commission of 7-5,
presented and read. Council Member
Heckmann moved that the minutes be
received and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Notice of Claim - MichaelJ. McDonald
in unknown aroollOt for personal injuries,
presented and read. CollOcil Member
Heckmann moved that the claim be re-
ferred to the Legal Staff for investigation
and report. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Communications of Corporation
Counsel advising of administrative closure
of personal injury claim of Eileen J- Bit-
ter, car daroage claim of Roberta J.
Howes; car damage claim of John J. Kap-
paros; car damage claim of Carl F. Mc-
Carthy, presented and read. CollOcil
Member Heckmann moved that the com-
munications be received and filed and ap-
proved closure. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of Corporation Couosel
recommending settlement of RV daroage
claim of Floriau Laufenberg in the amount
of $81.31, presented and read. Council
Member Heckmann moved that the com-
munication be received and filed aod ap-
proved settlement with Finance Director
to issue the proper check. Seconded by
CollOcil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Petition of Thomas Welu requesting to
vacate the remaining portion of Ruth
Street located west of Broadway and
running southerly off of King Street,
Regular Session, August 20, 1990
preaanted and read- CollOcil Member
Heckmaun moved that the petition be
referred to the City Manager. Seconded
by Council Member Nicholaon. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager
transmitting Financial Report for the
month of July 1990, presented and read.
CollOcil Member Heckmaun moved that
the conununication be received and filed-
Seconded by CollOcil Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmaun, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Petition of Attorney David Clemens, on
behalf of Mr. & Mrs. Randy R. Laufen-
berg requesting City acquire the proper-
ty between West 32nd Street and the
Laufenberg property and then deed it to
the Laufenbergs, presented aod read.
CollOcil Member Heckmaun moved that
the petition be referred to the City
Manager. Seconded by Council Member
Nicholson- Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmaun, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None-
Communication of Zoning Commission
advising of their approval of final plat of
the subdivision of Lot 3 Block I of Collo-
try Springs, Pasadena Court, presented
and read. Council Member Heckmaun
moved that the communication be re-
ceived and filed. Seconded by CollOcil
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaun, Kluesner,
Nicholson. Pratt, Voetberg. Nays-None.
RESOLUTION NO. 364-90
A RESOLUTION AUTHOR-
IZING APPROVING THE
FINAL PLAT OF THE SUB-
DIVISION OF LOT 3, BLOCK I
OF COUNTRY SPRINGS SUB-
DIVISION TO THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the
City Clerk a final plat of the Subdivision
of Lot 3, Block I of Country Springs
Addition to the City of Dubuque; and
Whereas, said final plat has been ex-
amined by the City Zoning Commiasion
and had its approval endorsed thereon;
aod
Whereas, said final plat had been
480
examined by the City Council and the Ci-
ty CollOcil finds that the same conforma
to statutes and ordinances relating
thereto.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the above described final
plat be and the saroe is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorae the ap-
proval of the City of Dubuque upon said
final plat.
Passed, approved aod adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Heckmaun moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Zoning Commission
approving final plat of the subdivision
commonly koown as the addition to Four
Mounds Park, presented and read. Collo-
cil Member Heckmaun moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None-
RESOLUTION NO. 365-90
A RESOLUTION AUTHOR-
IZING APPROVING THE
FINAL PLAT OF THE SUB-
DIVISION OF LOT 1-1-1-1 N.W.
y. - N.W. FRACTIONAL Y. AND
LOT 1-1-1-1 OF 7 - S.W. Y. AND
S.W. y. - N.W. FRACTIONAL Y.
AND GOVERNMENT LOT I (or
M.L. 331), ALL IN SECTION 1,
T89 N.. R2E., OF THE 5TH P_M.
EXCEPT FOR THAT PORTION
LYING EASTERLY OF C.M.8T.
P.R.R. TRACKS IN THE CITY
OF DUBUQUE, IOWA. (COM-
MONLY KNOWN AS THE AD-
DITION TO FOUR MOUNDS
PARK)
Whereas, there has been filed with the
City Clerk a final plat of the Subdivision
481
Regular Session, August 20, 1990
of Lot 1-1-1-1 N.W- V. - N_W. Fractional
v. and Lot 1-1-1-1 of Lot 7 - S.W. v. and
S.W. 'I. - NW. Fractional '¡" and Govern-
ment Lot 1 lor M.L. 3311, all Section 1,
T89 N.. R2E.. of the 5th P.M- except that
portion lying easterly of C.M.8T.P.R.R.
tracks in the City of Dubuque, Iowa.
(Commonly known as tbe addition to Four
MollOds Park-I; and
Whereas, said final plat has been ex-
amined by the City Zoning Commission
and had its approval endorsed thereon;
and
Whereas, said final plat has been ex-
amined by the City Council and the City
CollOcil finds that the same conforms to
the statutes and ordinances relating
thereto.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectioo 1. That the above described final
plat be and the saroe is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the ap-
proval of the City of Dubuque upon said
final plat.
Passed. approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CollOcil Member Heckmaon moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaon,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Zoning Commission
approving final plat of the Subdivision of
Lot I of 1 of Boal Place located within the
City's two-mile jurisdiction on English
Mill Road, preaented and read. Council
Member Heckmann moved that the com-
munication be received and filed. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Heck-
mann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 366-90
A RESOLUTION AUTHOR-
IZING APPROVING THE
FINAL PLAT OF THE SUB-
DIVISION OF LOT 1 OF 1 OF
BOAL PLACE IN SEC.,
28.T.89N. R2E, OF THE 5TH
P.M.. DUBUQUE COUNTY
IOWA
Whereas, there has been filed with the
City Clerk a final plat of the Subdivision
of Lot I of 1 of Boal Place in Section 28,
Township 89 North, Range 2 East of the
5th Principal Meridian in Dubuque Collo-
ty, Iowa; and
Whereas, said fmal plat has been ex-
amined by the City Zoning Commission
and had its approval endorsed thereon;
and
Whereas, said final plat has been ex-
amined by the City Council and the City
CollOcil finds that the same conforms to
the statutes and ordinances relating
thereto.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the above described final
plat be and the same is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the ap-
proval of the City of Dubuque upon said
final plat.
Passed, approved and adopted this 20th
day of August, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Heckmaun moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmaun,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Corporation Couosel
requesting Mayor be authorized to ex-
ecute a Partial Satisfaction and Release
of a Judgroent Lien against Clarence J.
Headings and L. Marjorie Headings, in
the amount of $9,622.36 plus interest and
costs, presented and read. Council
Member Heckmann moved that the com-
munication be received and filed and ap-
proved. Seconded by CollOcil Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, CollOcil Members
Deich, Heckmaon, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
There being no further business, Coun-
cil Member Nicholson moved to adjourn
the meeting. Seconded by Council
~-7
482
Attes~ d ~
/city Clerk