1990 November Council Proceedings
Regular Session, November 5, 1990
547
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, November 5, 1990.
Council met at NO p.m. Public Library
Auditorium.
Present: Council Members Kluesner,
Krieg, Nicholson, Pratt, Voetberg, City
Manager W. Kenneth Gearhart, Corpora.
tion Counsel Barry A. LindahL Ahsent at
Roll Call: Mayor Brady. Absent: Council
Memher Deich.
Mayor Pro- Tern Kluesner read the call
and stated this is the REGULAR
MONTHLY MEETiNG of the City
Council called for the purpose to act upon
such husiness which may properly come
before the Council,
Invocation was given by Captain Con.
stance Bridge of the Dubuque Salvation
Army.
PROCLAMATIONS - Month of
November as "Alzheimer Disease Public
Awareness Month" received by Elsie
Langkamp;
Week of November 11-18 as "Youth Ap-
preciation Week" received by Optimists
Club Presidents Karen Chesterman, Steve
Rogers & Carl McCarthy;
Proclaiming 1991 as "Year Of Thankagiv-
ing For the Blessing of Liberty"
Council Member Pratt moved that the
rules be suspended to allow anyone pre.
sent to address the Council if they so
desire. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Pro-Tern Kluesner, Council
Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
Proof of Publication, certified to by the
Publisher, on Notice 01 Public Hearing to
consider reclassifying property at 602
Peru Road from R.1 and R-3 to LI
District, presented and read. There were
no written objections received and no oral
objectors present at the time of the Hear.
ing. Council Member Pratt moved that
the proof be received and filed. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Pro-Tem
.
.
Kluesner, Council Members Krieg, Nichol-
son, Pratt, Voetherg. Nays-None.
Absent-Mayor Brady, Council Member
Deich,
Scott Potter, owner of the property, re-
quested rezoning.
An Ordinance Amending Zoning Or-
dinance by reclassifying property located
st 602 Peru Road !rom R-l Single- Fsmily
Residential District and R-3 Moderate
Density Multi-Fsmily Residential District
to LI Light Industrial District, presented
and read, Council Member Pratt moved
final adoption of the Ordinance. Second.
ed by Council Member Nicholson. Carried
by the following vote: Yes-Mayor Pro-
Tern Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
(OFFICIAL PUBLICATiON)
ORDINANCE NO, 86-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, lOW A PROVID-
ING THAT THE CODE OF OR-
DINANCES, CITY OF DU-
BUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CITY OF DUBUQUE,
IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 602
PERU ROAD FROM R-1
SINGLE.FAMILY RESIDEN.
TIAL DISTRICT AND R.3
MODERATE DENSITY MULTi-
FAMILY RESIDENTIAL DIS-
TRICT TO LI LIGHT IN-
DUSTRIAL DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
il~!~'~1
r~II. 11
I ,. 1II!~1
Section 1. The Code of Ordinsnces of the
City of Dubuque, Iowa, be amended by
revising Appendis A thereof, also known
as the Zoning Ordinsnce of the City of
Dubuque, Iowa, to reclassify hereinafter
described property from R-1 Single-
Fsmily Residential and R-3 Moderate
Density Multi.Fsmily Residential Dis-
trict, to LI Light Industrial District, to
wIt:
Lots 1 and 2 of the Subdivision of
Lot 13 of Leibes Subdivision No.
2 and Lots 4, 5, 6, 7, 8, 9, 10, II,
12, 13, and 14 of Jacob Collins Sub-
division in the City of Dubuque,
548
Regular Session, November 5,1990
Iowa, and extending to the center
line of the abutting public right-of-
way.
Section 2. That the foregoing amend-
ment has heretofore been approved by the
Zoning Commission of the City of Du.
buque, Iowa.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Published officially in the Tekgraph
Herald newspaper this 12th day of
November, 1990.
Mary A. Davis
City Clerk It 1I/12
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
reclassify property located near the cor.
ner of University Avenue and Delld Street
!rom R-2 to OS District, presented and
read. Kevin Kane, owner of property, re-
queated favorable rezoning. There were no
written objections received and no oral ob-
jectors present at the time of the Hear.
ing. Council Member Voetberg moved
that the proof be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Pro-Tem Kluesoer, Council Mem.
bers Krieg, Nicholson, Pratt, Voetberg.
Nays-None. Absent-Mayor Brady,
Council Member Deich.
An Ordinance Amending Zoning Or.
dinance by reclassifying property located
near the comer of University Avenue and
Delhi Street !rom R-2 Two-Fsmily Resi-
dential District to OS Office Service
District, presented and read, Council
Member Voetberg moved final adoption
of the Ordinance. Seconded by Council
Member Nicholson, Carried by the follow.
ing vote: Yea-Mayor Pco-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Dejch.
(OFFICIAL PUBLICATiON)
ORDINANCE NO. 87.90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMEND-
ED BY REVISING APPENDIX
A THEREOF, ALSO KNOWN
AS THE WNING ORDINANCE
OF THE CITY OF DUBUQUE,
IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED NEAR
THE CORNER OF UNIVERSI-
TY AVENUE AND DELHI
STREET FROM R.2 TWO.
FAMILY RESIDENTIAL
DISTRICT TO OS OFFICE
SERVICE DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The Code of Ordinances of the
City of Dubuque, Iowa, be amended by
revising Appendis A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, to reclassify hereinafter
described property !rom R-2 Two-Fsmily
Residential District, to OS Office Service
District, to wIt:
Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Mineral Lot 159, Lot 2 of Lot 2 of
Lot 1 of Lot 1 of Mineral Lot 159,
Lot 1 of Lot 1 of Lot 1 of Mineral
Lot 159, Lot 1 of Lot 2 of Lot 1 of
Mineral Lot 159, Lot 1 of Lot 2 of
Lot 2 of Lot 1 of Mineral Lot 159,
Lot 2 of Lot 2 of Lot 2 of Lot 1 of
Mineral Lot 159, Lot 2 of Lot 2 of
Lot 1 of Lot 1 of Lot 3 of Mineral
Lot 172, Lot20fLot 1 of Lot 1 of
Lot 1 ofLot 3 of Mineral Lot 172,
Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Lot 3 of Mineral
Lot 172, Lot 1 of Lot 2 of Lot 1 of
Lot 1 of Lot 3 of Mineral Lot 172,
The easterly 132' of Lot 1 of
Truebs Subdivision, the westerly
50' of Lot 1 of Truebs Subdivision,
Lot 4 of Milligan's Subdivision, Lot
5 of Milligan's Subdivision, Lot 6
of Milligan's Subdivision, Lot 7 of
Milligan's Subdivision, all in the
City of Dubuque, Iowa and extend.
ing to the center line of the abut-
ting public right-of-way.
Section 2. That the foregoing amend-
ment has heretofore been approved by the
Zoning Commission of the City of Du.
buque, Iowa.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pco-Tem
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herold newspaper this 12th day of
November, 1990.
Mary A. Davis
City Clerk
It 1I/12
'-'¡"
Regular Session, November 5, 1990
549
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
amend Ordinance No, 6.89 which estab-
lished Dubuque Industrial Center Phase
II PI Planned Industrial District, pre-
sented and read. Council Member Pratt
moved that the proof of publication be
received and filed. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson. Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
An Ordinance Providing for the amend.
ment of Ordinance No. 6.89 by repealing
Section 2.C thereof and enacting a new
Section 2.C in lieu thereof regarding "Site
Development", presented and read. Coun.
cil Member Pratt moved final adoption of
the Ordinance. Seconded by Council Mem.
ber Krieg. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
(OFFICIAL PUBLICATiON)
ORDINANCE NO. 88-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVID.
ING FOR THE AMENDMENT
OF ORDINANCE 6-89 WHICH
ORDINANCE ESTABLISHED
DUBUQUE INDUSTRIAL CEN.
TER PHASE II PI PLANNED
INDUSTRIAL DISTRICT.
Whereas, Dubuque In-Futuro, Inc"
owner and applicant, has filed an applica.
tion for approval of an amended c0ncep-
tual devejopment plan in accordance wIth
provisions of the PI Planned Industrial
District regulations as set forth in Section
3-4.3 of the Code of Ordinances, Appen.
dis A thereof, of the City of Dubuque,
Iowa; and
Whereas, the Zoning Commission haa
held a public hearing on said application
for an amended conceptual development
plan pursuant to required publiahed
notice; and
Whereas, the Zoning Commission has
approved said amended conceptual
development plan subject to specific con.
ditions and restrictions having fouod that
said plan conforms wIth the review stan-
dards applicable to such plans aa set forth
in Section 3-4,3 of the Code of Ordinances,
Appendis A thereof, of the City of Du.
buque, Iowa; and
Whereas, the Zoning Commiasion
recommended the concurrence of the City
Council and approval of said amended
conceptual development plan; and
Whereas, the City Council has received
the recommendation of the Zoning Com-
mission and held its own public hearing
on said amended conceptual development
plan pursuant to required published
notice; and
Whereas, the City Council has approved
said amended conceptual development
plan subject to the same specific condi-
tions and restrictions,
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 6-89 he
aruended by repealing Section 2.C. thereof
and enacting a new Section 2.C. in lieu
thereof, aa follows:
"Section 2.C. Site Development,
Development of land in this PI
Planned Industrial District shall be
regulated by the attached document
entitled "Conditions of Redevelopment
and Operation Dubuque Industrial
Center Ph... II Planned Industrial
Diatrict - Amendment #1. The
development of each lot is regulated by
the atandards for each as shown on
Exhibit Number 1, attached hereto.
The development, operation and
maintenance of uses in the district
shall be conducted in conformance
wIth the standards and regulations of
the PI Planned Industrial Distrlct.
Paased, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newapaper this 12th day of
November, 1990.
Mary A. Davia
City Clerk
It 11/12
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider vacating a portion of Blake
Street and diaposing of said property to
Peter M. and Sarah A. Roas, Loras Col-
legs and Ruth Pfiffner, presented and
read, There were no written objections
received and no oral objectors present at
the time of the Hearing. Council Member
Nicholson moved that the proof be re-
ceived and filed. Seconded by Council
..,'
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550
Regular Session, November 5, 1990
Member Pratt. Carried by the following
vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Dffich,
An Ordinance Vacating a portion of
Blake Street !rom Kirkwood Street to its
Southerly temrinus, presented and read.
(1st reading only given on 1(1-15.90). Coun-
cil Member Nicholson moved that this be
considered the second reading of the Or.
dinance. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None, Absent-Mayor
Brady, Council Member Deich.
Proof of Publication, certified to by the
Publisher, on Notice of Hearing on Plans
and Specifications for the Ice Harbor
Development-Floating Pier; Proof of
Publication, certified to by the Publisher,
on Notice to Bidders of the Recffipt of
Bids for project, and communication of
City Manager reconunending to reject the
bids received on October 25th for the pro-
ject, presented and read, Council Member
Voetberg moved that the proofs of pub.
lication and conununication be received
and filed. Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeas-Mayor Pro-Tem Klueaner, Council
Members Krieg, Nicholaon, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Dffich,
RESOLUTION NO. 431.90
RESOLUTION REJECTING
BIDS FOR CONSTRUCTION OF
FLOATING PIER AND AC.
CESS RAMP IN THE ICE
HARBOR DEVELOPMENT
PROJECT
Whereas, the City Council authorized
the solicitation of bids for the floating pier
and access ramp in the Ice Harbor Devel-
opment at its regular meeting on October
1, 1990; and
Wbereaa, two bids were received for this
project on the scheduled bidding date of
October 25, 1990; and
Whereas, the bids received substantially
exceeded the budgeted amount for this
phase of the ice Harbor Development; and
Whereas, alternative designs are bffing
inveatigated by the engineering company
with the goal of providing a very practical
floating pier and access ramp which will
aubstantially reduce the cost of thia
facility.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the bids received for the
floating pier and access ramp in the Ice
Harbor Development Project on October
25, 1990 be hereby rejected.
Section 2. That alternative designs he
reviewed and plans made for solicitation
of bids on the revised design,
Passed, approved and adopted this 5th
day of November, 1990.
Loras J, Kluesner
Mayor Pro-Tern
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 Pro-Tern
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg, Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager recom.
mending to set a public hearing on the reo
qust of Michael and Marlene Schmalz for
an easement across park property to
Eagle Point Drive, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
set Public Hearing for November 19, 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
Nicholson. Carried by the followIng vote:
Y eas- Mayor Pro- Tem Kluesner, Council
Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
Communication of Zoning Commission
advising of their approval to rezone pro-
perty at 1724 Lincoln Avenue with con.
ditions, presented and read. Council
Member Voetberg moved that the com-
munication be received and filed, Second.
ed by Council Member Pratt. Carried by
the following vote: Yeas-Mayor Pro- Tern
Kluesner, Council Membera Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent- Mayor Brady, Council Member
Deich.
An Ordinance Amending Zoning Or--
dinance by reclassifying property located
at 1724 Lincoln Avenue !rom R.2A Alter-
nate Two-Fsmily Residential District to
R.4 Multi.Fsmily Residential District
wtih conditions, presented and read.
Regular Session, November 5, 1990
551
Council Member Vostberg moved that
this be the first reading of the Ordinance
and that it be set for Public Hearing on
December 3, 1990 at 7:30 p.m. at the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Pratt, Carried by the followIng
vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich,
Communication of City Manager recom-
mending to dispose of property located at
749 Wilson Street and set matter for
public hearing, presented and read. Coun-
cil Member Voetberg moved that the com.
munication be received and filed, Second.
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor Pro-
Tem Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
RESOLUTION NO. 432.90
A RESOLUTION OF INTEN.
TION TO DISPOSE OF CITY.
OWNED PROPERTY: LOT
TWENTY.SEVEN 127), WIL-
SON'S SUBDIVISION, IN THE
CITY OF DUBUQUE, DU.
BUQUE COUNTY, IOWA, AC.
CORDING TO THE RECORDED
PLAT THEREOF; ALSO
KNOWN AS 749 WILSON
STREET, DUBUQUE, IOWA.
Whereas, the City of Dubuque has
solicited and received offers to purchase
for the above referenced property in the
amount of $13,000.00 in accordance wIth
an offer to buy real estate atteched hereto;
and
Whereas, by accepting the selected of.
fer the City's objectives of provision of
first-time bomeownerahip to a qualifying
fsmily and rehabilitalton of an abandoned
home can be realized;
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa intends to diapose of its interest in
the following legally-descrIbed property:
Lot Twenty.Seven (27), Wilson's
Subdivision, in the City of Du-
buque, Dubuque County, Iowa ac-
cording to the recorded plat
thereof.
Section 2. That the City of Dubuque,
Iowa proposes to dispose of its interest
in the herffin described real estate to
William J, Birch and Tracy L. Birch, for
the consideraiton of $13,000.00 and the
terms of an offer to buy real estate attach-
ed hereto.
Section 3. That thia Council meet in the
Carnegie Stout Public Library Auditor-
ium, 11th and Bluff Streets, Dubuque,
Iowa, at 7:30 p.m. on the 19th of
November, 1990, for the purpose of tak.
ing action on the disposition of the herein
described real estate in the City of Du-
buque, Iowa.
Section 4. That the City Clerk be and
she is hereby authorized and directed to
cause a notice to be published as pre-
scribed under Chapter 364.7, Disposal of
Property - Code of Iowa 1989 or as
amended.
Passed, approved and adopted this 5th
day of November, 1990.
Loraa J. Klueaner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution and act it for Public
Hearing on November 19, 1990 at 7:30
p, ll, in the Public Library Auditorium and
that the City Clerk publiah notice in the
manner prescribed by law. Seconded by
Council Member Nicholson. Carried by the
followIng vote: Yeas-Mayor Pro-Tem
Klueaner, Council Members Krieg, Nic.
holson, Prat~ Voetberg. Naya-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager recom.
mending to set a public hearing to con.
sider vacating and relocation of an ex-
isting sanitary sewer easement in Lot 14
of TwIn Sistera Addition, presented and
read. Cooncil Member Voetberg moved
that the communication be received and
filed and set for Public Hearing on
November 19, 1990 at 7:30 p.m. in the
Public Library Auditorium and tbat the
City Clerk publish notice in tbe manner
prescrIbed by law. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voatberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
Communication of City Manager recom-
mending to vacate a portion of Jones
Street !rom Iowa Street to Block 3 in
Dubuque Harbor Company's Addition to
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552
Regular Session, November 5, 1990
contruct, meintain and operate a parking
lot, presented and read. Council Member
Voetberg moved that the commUIÚcation
be recejved and filad. Seconded by Coun-
cil Member Pratt. Carried by the follow.
ing vote: Yeas-Mayor Pro- Tern Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Naya-None. Absent-Mayor
Brady, Council Member D..ch.
RESOLUTION NO. 433-90
RESOLUTION APPROVING
PLAT OF A PROPOSED
VACATED PORTION OF 64
FOOT WIDE JONES STREET
FROM THE E.P.L. OF IOWA
STREET TO THE E.P.L. OF
BLOCK 3 OF DUBUQUE HAR-
BOR COMPANY'S ADDITION
Whereas, there has been presented to
the City Council of the City of Dubuque,
Iowa, a plat dated March 14, 1990,
describing the proposed vacated portion
of said Jones Street; and
Whereas, said plat conforms to the laws
and atatutes pertaining thereto.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated March 14,
1990 relative to the real eatate
hereinabove described be and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized
and directed to execute said plat for and
on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and
ia hereby authorized and directed to file
aaid plat and certified copy of this Resolu.
tion in the office of the Recorder, in and
for Dubuque County, Iowa.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Pro-Tem
Klueaner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Naya-None.
Absent-Mayor Brady, Council Member
D..ch.
An Ordinance Vacating a portion of 64
foot wIde Jones Street to be known as Lot
A west 100 feet of Block 3 of Dubuque
Harbor Company's Addition, presented
and read. Council Member Voetberg
moved that this be considered the first
reeding of the Ordinance and set for Hear-
ing on November 19, 1990 at 7:30 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the man.
ner prescribed by law. Seconded by Coun.
cil Member Pratt. Carried by the follow-
ingvote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member D..ch,
RESOLUTION NO. 434-90
RESOLUTION DISPOSING OF
CITY INTEREST IN LOT A OF
THE WEST 100 FEET OF
BLOCK 3 OF DUBUQUE HAR-
BOR COMPANY'S ADDITION
IN THE CITY OF DUBUQUE,
IOWA
Whereas, the Chicago Central and
Pacific Railroad has requested the
vacating of Jones Street; and
Whereas, a plat has been prepared and
subndtted to the City Council showing the
vacated portion of Jones Street and
assigned a lot number thereof, which
hereinafter shall be known and described
as Lot A of the west 100 feet of Block 3
of Dubuque Harbor Company's Addition
in the City of Dubuque, Iowa;
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this portion of Jones Street Is no longer
required for public use, and vacating and
deeding of said portion of Jones Street
known as Lot A of the west 100 feet of
Block 3 of Dubuque Harbor Company's
Addition in the City of Dubuque, Du.
buque County, Iowa should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thet the City of Dubuque in.
tends to diapose of its interest in Lot A
of west 100 feet of Block 3 of Dubuque
Harbor company's Adrlition in the City
of Dubuque, Iowa.
Section 2. That the conveyance of Lot
A of the west 100 feet of Block 3 of Du-
buque Harbor Company's Addition in the
City of Dubuque, Iowa be for the sum of
$1.00.
Section 3. That the City reserves unto
itself a perpetual easement including the
'1"
Regular Session, November 5, 1990
553
right of ingress and egress thereto, for the
purpose of erecting, installing, construe.
ting, reconstmcting, repairing, owning,
operating, and maintaining existing
utilitiea on said vacated Jones Street.
Section 4. That the City Clerk be and
is hereby authorized and directed w cause
and notice of intent to dispose of said real
estate in the manner as prescribed by law.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro.Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved the
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
followIng vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
D..ch.
CommUIÚcation of City Manager re-
questing Council to tentatively approve
the granting of a temporary easement to
the Iowa Department of Transportation
and set a public hearing for the dispoai.
tion of city's interest in said property,
presented and read. Council Member
Voetberg moved that the communication
be rec..ved and filed. Seconded by Coun.
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
D..ch.
RESOLUTION NO. 435-90
RESOLUTION OF THE INTEN.
TION OF THE CITY OF DU-
BUQUE, IOWA TO GRANT A
TEMPORARY EASEMENT TO
THE IOWA DEPARTMENT OF
TRANSPORTATION FOR
WORK ASSOCIATED WITH
HIGHWAY 61 CONSTRUC.
TION PROJECT
Whereas, the Iowa Department of
Transportation and the City of Dubuque,
Iowa entered into an agreement for the
Freeway 561/Relocated 61 project, agree-
ment identified as I.D.O.T. #73-P-o24 and
executed by the City of Dubuque and the
Iowa Department of Transportation on
March 6, 1973 and April 4, 1973, respec.
tively; and
Whereas, provisions of this agreement
are that the City shall be responsible for
providing wIthout cost to the State all
right.of.way which involves:
a. Dedicated streets or alleys;
b, Other City owned property subject
to the condition that the State shall
reimburse the City for the value of
the improvements situated on such
City owned property; and
Whereas, the Iowa Department of
Transportation has the need for a tern'
porary easement to be located parts of Lot
1 of Lot 2 of Lot 1 of Lot 1 all of the City
of Dubuque Lot 507 (except the west 100
feet) and Lot 2 of Lot 2 of Lot 2 of Lot
1 of Lot 1 congo Lot 8 all in the City of
Dubuque, State of Iowa, for the purpose
of constructing and maintaining a detour
for Kerper Boulevard; and
Whereas, more specifically the tem.
porary easement being sought is described
on conatruction drawings for the 61 Pro-
ject as follows:
!rom Sta. 47+72otP.L. to Sta,
49 + 50, a atripe 40 feet wIde, north.
aide; !rom Sta, 49 + 50 to Sta.
50+ 50, a stripe 4Q-19 + E xRJW feet
wide, northside !rom 47 + 72 ot P.L.
Sta, 49+50 all land to north line
EX. Kerper Blvd.. southside; as
measured !rom centerline a proposed
detour as ahown on plans for said
highway.
Whereas, the temporary easement wIll
be used for constructing and maintaining
a detour of we at bound 11th Street traffic
on Kerper Boulevard; and
Whereas, the temporary easement shall
terminate upon completion of the
Highway 61 project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to grant a temporary easement to
the Iowa Department of Transportation
for the above described real estate for the
purposes of providing a detour of west.
bound traffic on 11th Street to Kerper
Boulevard for the purposes of reconstruc-
ting 11th Street.
Section 2. That the City Clerk be and
is hereby authorized and directed to cause
a notice to be published as prescribed
under Chapter 364,7.Diaposal of Proper.
ty, Code of Iowa 1988 or as amended,
Passed, approved and adopted this 5th
day of November, 1990,
"...-
554
Regular Session, November 5, 1990
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved edop-
tion of the Reaolution and further aet it
for Public Hearing on November 19, 1990
at 7:30 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescribed
by j lW. Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Membera Krieg, Nicholaon, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member D..ch.
Communication of City Manager re-
queating approval for vacation of 10 feet
of Well Easement parallel to the floodwall
to Whalen Induatries, Inc" presented and
read. Council Member Voetberg moved
that the communication be recffived and
filed, Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Krieg, Nicholaon, Pratt,
Voetberg. Naya-None. Absent-Mayor
Brady, Council Member Deich,
RESOLUTiON NO. 436-90
VACATION OF
UTILITY EASEMENT
Whereaa, Whalen Induatriea, Inc. of
Dubuque, Iowa has requested the release
of up to 10 feet of City owned easement
adjoining Whalen'a property; and
Whereas, Whalen Induatriea, Inc, has
plans for the construction of a building
500 feet long by 150 feet wide parallel to
the floodwall, which building would en.
croach into an easement owned by the
City of Dubuque; and
Whereas, the existing easement is 30
feet wIde and the release of 10 feet of this
easement aa ahown in "Exhibit A" will
not impede the use of the remaining eaae-
ment at a future date for utility purposes;
and
Whereas, Whalen Industries, Inc. haa
consented to payment of all platting,
publication and filing fees and payment
of $200,00 to the City to cover ad.
ministrative expenses.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of 10 feet of a City
owned easement described on attached
Exhibit A and considered a part hereof to
Whalen Industries, Inc.
Section 2. That the City Clerk be and
she is hereby authorized and directed to
cause a notice to be published aa pre-
scribed under Chapter 364,7.Disposal of
Property, Code of Iowa, 1988 or aa
amended.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution and further set it
for Public Hearing on November 19,1990
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
Nicholson. Carried by the followIng vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Krieg, Nicholson, Pratt.
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member D..ch.
RESOLUTION Approving Amend.
ment Number One to the Urban Renewal
Plan for the Dubuque Industrial Center
Economic Development District (Public
hearing waa closed at meeting of January
16, 1989 and matter was tabled at that
meeting), presented for further action.
Council Member Pratt moved that the
Resolution be removed !rom the table and
received and filed. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member D..ch.
Communication !rom the City Manager
reporting on the status of the McFadden
property acquisition and presenting and
recommending two resolutions initiating
proceedings to extend the boundaries of
the Dubuque Industrial Center Urban
Renewal District and to issue of not to ex.
ceed $1,500,000,00 Urban Renewal Tax
Increment Revenue Bonds, presented and
read, Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Krieg. Car.
ried by the following vote: Yeas- Mayor
Pro-Tem Kluesner, Council Members
Krieg, Nicholson, Pratt, Voetberg.
Naya-None. Absent-Mayor Brady,
Council Member Deich.
Regular Session, November 5, 1990
555
RESOLUTION NO. 437.90
RESOLUTiON DETERMINING
THE NECESSITY AND SET.
TING A DATE OF HEARING
ON A PROPOSED AMENDED
AND RESTATED DUBUQUE
INDUSTRIAL CENTER ECO.
NOMIC DEVELOPMENT DIS.
TRICT URBAN RENEWAL
PLAN FOR A PROPOSED UR-
BAN RENEWAL AREA IN
THE CITY OF DUBUQUE,
IOWA.
WHEREAS, on May 2, 1988, the City
Council, after public hearing, duly adopted
an Urban Renewal Plan for the Dubuque
Industrial Center Economic Development
District (the "District"!; and
WHEREAS, the District as so adopted
consisted of the real property then legal-
ly described as follows:
The Northeast one-quarter of the
Southwest one-quarter and Lot 1 of
Lot 1 of the Southeast one-quarter of
Section 29, Township 89 North. Range
2 East, Dubuque Township, Dubuque
County, Iowa and that portion of Rad-
ford Road and the adjoining public
right.of-way; Lot 3-1 of the Dubuque
Industrial Center First Addition; Lot
1.2 of the Dubuque Industrial Center
Sixth Addition and that portion of the
Futuro Court and the adjoining public
right-of.way; Lot 2.2-2 of the Dubuque
Industrial Center Fifth Addition and
that portion of Chavenelle Road and
the adjoining public right.of-way; Lot
1 of the Dubuque Industrial Center Se-
cond Addition and that portion of
Chavenelle Road and the adjoining
public right.of-way; all in the City of
Dubuque, Dubuque County, Iowa.
WHEREAS, it has been proposed that
the boundaries of said District now be ex-
panded to accommodate the need for ad-
ditional industrial sitea wIthin the City,
particularly for large, relatively fiat sites
with rail access, and that the City under-
take additional acquisition and financing
measurea intended to facilitate the
development wIthin said District; and
WHEREAS, it has been proposed that
the following real property now be added
to the District:
Lot I of Lot 1 and Lot 2 of Lot 1 of
Dubuque Industrial Center First Ad.
dition; Lot 1 Dubuque Industrial
Center Third Addition; Lot 1, Lot 1 of
Lot 2, and Lot 1 of Lot 2 of Lot 2
Dubuque Induatrial Center Fifth
Addition; Lot 1 and Lot 2 of Lot 2
Dubuque Induatrial Center Sixth Ad-
dition, all in the City of Dubuque,
Dubuque County, Iowa;
and
The Northwest one-qusrter of the
Southweat one-quarter of Section 29,
Township 89 North, Range 2 East;
and, that portion of Lot 1 of Lot 1 of
the Southwest one-quarter of the
Southweat one-quarter of Section 29,
Township 89 North. Range 2 East, ly.
ing North of the North right-of-way
line of the Chicago Central Railroad;
all in the City of Dubuque, Dubuque
County, Iowa.
WHEREAS, this Council has
reasonable cause to believe that the ex-
panded area described below satisfiea the
eligibility criteria for designation as an ur-
ban renewal area under Iowa law and haa
caused there to be prepared a proposed
Amended and Restated Dubuque In-
duatrial Center Economic Development
District Urban Renewal Plan (the "Plan")
for the area described therein, which pro-
posed Plan ia attached hereto aa Exhibit
A; and
WHEREAS, the area within the pro-
posed District, as so amended and ex-
panded, would include and consist of the
real property now legally described as
follows:
All of the Dubuque Industrial Center
First, Second, Third, Fourth, Fifth,
Sixth and Seventh Additions and the
adjoining public right-<>f-way all in the
City of Dubuque, Dubuque County,
Iowa;
and
The Northwest one-quarter of the
Southwest one-quarter of Section 29,
Township 89 North, Range 2 East;
and, that portion of Lot 1 of Lot 1 of
the Southwest one-quarter of the
Southwest one-quarter of Section 29,
Township 89 North, Range 2 East, ly-
ing North of the North right-of-way
line of the Chicago Central Railroad;
all in the City of Dubuque, Dubuque
County, Iowa
WHEREAS, it ia hereby found and
determined that the amended and expand-
ed area descibed above is an economic
development area, as defined in Chapter
403, Code of Iowa, and is suitable for in-
dustrial and commercial enterprises, and
that the rehabilitation, conservation,
redevelopment, development, or combina.
tion thereof, of such area is necessary in
the interest of the public health, safety
556
Regular Session, November 5, 1990
or welfare of the residents of the City; and
WHEREAS, the Iowa atatutea require
the City Council to submit the proposed
Amended and Restated Dubuque In-
dustrial Center Economic Development
District Urban Renewal Plan to the Plan'
ning Commission for review and recom.
mendation as to its conforndty wIth the
general plan for development of the City
as a whole, prior to City Council approval
of such urban renewal plan and further
provides that the Planning Commission
ahall submit its written recommendations
thereon to Council within thirty (30) days
of its receipt of such proposed Amended
and Restated Dubuque Induatrial Center
Economic Development Diatrict Urban
Renewal Plan; and
WHEREAS, the Iowa statutes further
req1rire the City Council to hold a public
hearing on an urban renewal plan for an
urban renewal project subsequent to
notice thereof by publication in a
newapaper having general circulation
within the City, which notice shall
describe the time, date, place and purpose
of the hearing, shall generally identify the
urban renewal area covered by the urban
renewal plan and shall outline the general
scope of the urban renewal project under
consideration,
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
L That the amended and expanded area
of tbe District described in the preamble
hereof is an economic development area,
as defined in Chapter 403, Code of Iowa,
and is suitable for industrial and commer-
cial enterprises, and that the rehabilita-
tion, conservation, redevelopment,
development, or combination thererof, of
such area is neceaaary in the intereat of
the public health, aafety or welfare of the
residents of the City.
2. That a public hearing shall be held
on the proposed Amended and Restated
Dubuque Industrial Center Economic
Development Diatrict Urban Renewal
Plan bffiore the City Council at its meeting
which commences at 7:30 o'clock P.M. on
November 19, 1990, in the Auditorium,
Carnegie-Stout Public Library, Dubuque,
Iowa.
3. That the City Clerk is authorised and
directed to publish notice of this public
hearing in the Tekgraph Herald, once on
a date not less than four (4) nor more than
twenty (20) days before the date of said
public hearing, in substantially the follow.
ing form:
(One Publication Required)
NOTICE OF PUBLIC HEARING
TO CONSIDER APPROVAL OF A
PROPOSED AMENDED AND
RESTATED DUBUQUE INDUSTRIAL
CENTER ECONOMIC DEVELOP.
MENT DISTRICT URBAN RENEWAL
PLAN FOR A PROPOSED URBAN
RENEWAL AREA IN THE CITY
OF DUBUQUE, lOW A
The City Council of the City of Du.
buque, Iowa, will hold a public hearing
before itself at its meeting which com-
mences at 7:30 o'clock p.m, on November
19, 1990, in the Public Library Auditor.
ium, Dubuque, Iowa to consider adoption
of a proposed Amended and Restated
Dubuque Industrial Center Economic
Development District Urban Renewal
Plan (the "Plan") concerning a proposed
Urban Renewal Area in Dubuque, Iowa
legally described as follows:
All of the Dubuque Industrial Center
First, Second, Third, Fourth, Fifth,
Sixth and Seventh Additions and the
adjoining public rlght-of.way all in the
City of Dubuque, Dubuque County,
Iowa;
and
The Northweat one-quarter of the
Southweat one-quarter of Section 29,
Township 90 North, Range 2 East;
and, that portion of Lot 1 of Lot 1 of
the Southwest one-quarter of the
Southwest one-quarter of Section 29,
Township 89 North, Range 2 East, ly.
ing North of the North right-of.way
llne of the Chicago Central Railroad;
all in the City of Dubuque, Dubuque
County, Iowa.
which land is to be included as part of this
proposed Urban Renewal Area.
The Plan is an amendment and restate-
ment of the Urban Renewal Plan for the
Dubuque Industrial Center Economic
Development District adopted by the City
Council on May 2, 1988. The purpose of
the amended and restated Plan is to ex.
pand the Urban Renewal Area and to
authorize additioual acquisition and finan.
cing measures to be undertaken to facili-
tate the development of the expanded
area.
The general scope of the urban renewal
activities under consideration in the Plan
is to assiat quallfied industries and
busiuesses through various public purpose
activities, including but not limited to the
acquisition of property, development or
improvement of necessary access roads
and railroad lines, provision of public
Regular Session, November 5,1990
557
utilities, demolition and site preparation
and sale of land for development purposes.
To accompliah the objectivea of the Plan,
and to encourage the development of the
expanded Urban Renewal Area, the Plan
provides that the City also may undertake
special financing activities on behalf of in.
dustries and businesses located within the
Urban Renewal Area, through the mak.
ing of loans or grants of public funds
under Chapter 15A of the Iowa Code, the
construction of commercial or industrial
buildings and facilities by the City in the
Urban Renewal Area for sale or lease to
private developers and the funding of the
local matching share of state and federal
grants, The Plan provides thet the City
may issue bonds or use available funds for
such purposes and that tax increment
reimbursement of such costs will be
sought if and to the extent incurred by the
City. The Plan further proposes that the
City acquire apecific parcels of real pro-
perty wIthin the expanded Urban Renewal
Area, and further provides that the plan
may be amended !rom time to time to re-
spond to development opportunitiea.
A copy of the Plan is on file for public
inspection in the office of the City Clerk,
City Hall, Dubuque, Iowa.
The City of Dubuque, Iowa is the local
public agency which, if such Plan is ap-
proved, shall undertake the urban renewal
activities described in such Plan,
Any person or organization desiring to
be heard shail be afforded an opportuni.
ty to be heard at such hearing.
This notice is given by order of the City
Council of Dubuque, Iowa, as provided by
Section 403.5 of the City Code of Iowa.
Dated thia 5th day of November, 1990.
Mary A. Davis
City Clerk, Dubuque, Iowa
lEND OF NOTICE)
4. That the proposed Amended and
Restated Dubuque Industrial Center
Economic Development District Urban
Ranewal Plan, attached hereto as Exhibit
A, for the proposed Urban Renewal Area
described thermn is hereby officially
declared to be the proposed Amended and
Restated Dubuque Industrial Center
Economic Development District and
Restated Dubuque Industrial Center
Economic Development District Urban
Ranewal Plan referred to in aaid notice for
purposes of such notice and hesring and
that a copy of said Plan shall be placed
on file in the office of the City Clerk.
5. That the proposed Amended and
Restated Dubuque Industrial Center
Economic Development Diatrict Urban
Renewal Plan be submitted to the Plan-
ning Commission for review and recom-
mendation as to ita conformity wIth the
general plan of the City as a whole, with
such recommendation to be submitted in
writing to this Council wIthin thirty (301
days of the date hereof.
Passed, approved and adopted this 5th
day of November, 1990,
Loraa J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution and further set it for
Public Hearing on November 19, 1990 at
7:30 p,m. in the Public Library
Auditorium an<l that the City Clerk
publish notice in the manner prescribed
by law. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
RESOLUTION NO. 438-90
RESOLUTION FIXING DATE
FOR A MEETING ON THE
PROPOSITION OF THE ISSU-
ANCE OF NOT TO EXCEED
$1,500,000 URBAN RENEWAL
TAX INCREMENT REVENUE
BONDS OF THE CITY OF
DUBUQUE, lOW A AND PRO-
VIDING FOR PUBLICATION
OF NOTiCE THEREOF
WHEREAS, this City Council has
received and filed for public inspection a
proposed Amended and Restated Du.
buque Industrial Center Economic
Development District Urban Renewal
Plan for the Urban Renewal Area de-
scribed therein (the "Proposed Plan"), and
has directed that notice be published as
required by law of a public meeting and
hearing on tbe proposal to adopt said Pr0-
posed Plan;
WHEREAS, the Proposed Plan would,
if adopted, expand the Urban Renewal
Area subject thereto and authorize the
City, among other things, to acquire land
in said Urban Renewal Area and to make
grants or loans to industries and
businesses locating in said Urhan Renewal
Area under Chapter l5A of the Iowa
Code;
558
Regular Session, November 5, 1990
WHEREAS, it ia deemed necessary
and advisable that the City of Dubuque,
Iowa, should issue Urban Renewal Tax
Increment Revenue Bonda to the amount
of not to exceed $1,500,000 ss authorized
by Section 403.9 of the Code of Iowa,
payable !rom and secured by a first lien
upon the revenues of the Dubuque In.
dustrial Center Economic Development
District Urban Renewal Area, including
incremental taxes to be received ss pro-
vided in Section 403,19, Code of Iowa, for
the purpose of providing funda to pay
costs of carrying out a project aa
herffina!ter described, and to consider the
proposal to issue said Bonds at the
meeting called to consider adoption of the
Proposed Plan in the event it shall be
decided to proceed wIth the adoption and
approval of the Proposed Plan followIng
the public meeting and hearing thereon;
and
WHEREAS, neither Section 403.9 nor
any other Code provision sets forth any
procedural action required to be taken
before said Bonda may be issued, and pur-
suant to Section 364.6 of the City Code
of Iowa, it is hereby detemdned that the
procedure apecified in Code Section 384.25
ahall apply and shall be deemed sufficient
for the action hereinafter described to be
taken, and that the Clerk shall publish a
notice of the proposal to issue such Bonds
and of the time and place of the meeting
at which the Council proposes to take ac.
tion thereon and to receive oral and/or
written objecitona !rom any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That this Council meet in the
Public Library Auditorium, Dubuque,
Iowa, at 7:30 o'clock P.M., on the 19th
day of November, 1990, for the purpose
of taking action on the matter of the Is-
suance of not to exceed $1,500,000 Urban
Renewal Tax Increment Revenue Bonda
of the City of Dubuque, Iowa, the pro-
ceeda of which Bonds will be used to pro-
vide funda to pay coats of certain acquisi.
tion and financing activities to be under.
taken by the City purauant to the AJneud.
ed and Restated Dubuque Industrial
Center Economic Development Diatrict
Urban Renewal Plan, including the ac.
quisition of land and relocation expenses
associated therewIth, the construction of
commerical or induatrial buildings to be
sold or leased in the future to buaineaaes
or industries, funding the local matching
share for CEBA, RISE or other atate or
federal grants <X loans to businesses or in-
dustries and the making of loans or grants
to industries and buainesaes under
Chapter 15A of the Iowa Code.
Section 2. That the Clerk is hereby
directed to cause at least one publication
to be made of a notice of said meeting, in
a legal newapaper, printed wholly in the
English language, published at least once
weekly, and having general circulation in
aaid City, said publication to be not less
than four clear days nor more than twen-
ty days before the date of said public
meeting on the issuance of said Bonds.
Section 3. The notice of the proposed ac-
tion to issue said Bonds shall be in
substantially the following form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF DU.
BUQUE, IOWA ON THE MATTER
OF THE PROPOSED ISSUANCE
OF NOT TO EXCEED $1,500,000
URBAN RENEWAL TAX INCRE-
MENT REVENUE BONDS OF
SAID CITY, AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given that
the Council of the City of Dubuque, Iowa,
will hold a public hearing on the 19th day
of November, 1990, at 7:30 o'clock P.M.,
in the Public Library Auditorium, Du.
uque, Iowa, at which meeting the Coun.
cil propoaes to take additional action for
the issuance of not to exceed $1,500,000
Urban Renewal Tax Increment Revenue
Bonds of the City of Dubuque, Iowa, in
order to provide funds to pay costs of cer-
taln acquisition and financing activities to
be undertaken by the City pursuant to the
Amended and Restated Dubuque Indus-
trial Center Economic Development
District Urban Renewal Plan, including
the acquisition of land and relocation ex.
penses associated therewIth, the construe.
tion of commerical or industrial buildings
to be sold or leased in the future to
businesses or industries, funding the local
matching shere for CEBA, RISE or other
state or federal grants or loans to
businesses or industries and the making
of loans or grants to induatriea and
buainesses under Chapter 15A of the Iowa
Code,
The Bonda will be payable !rom and
secured by a firat lien upon the revenuea
of the Dubuque Industrial Center
Economic Development District, in.
cluding incrementa! taxes to be received
ss provided in Section 403.19, Code of
Iowa, 1989, as amended.
At the above meeting the Council shall
receive oral or written objections from any
resident or property owner of said City,
to the above action, After all objectiona
have been received and considered, the
Rej¡IJlar Session, November 5, 1990
559
Council will at thia meeting or at any ad-
journment thereof, take additional action
for the issuance of said Bonda or wfllaban.
don the proposal to issue aaid Bonds. By
order of the Council said hearing and ap'
peals therefrom shall be held in accord.
ance wIth and governed by the provisions
of Section 384.25 of the City Code of Iowa.
This notice is given by order of the City
Council of Dubuque, Iowa, as provided by
Sections 384.25 and 364,6 of the City Code
of Iowa, Code Section 384,25 shall govern
this meeting and action taken thereat.
Dated this 5th day of November, 1990.
Mary A. Davis
City Clerk of Dubuque, Iowa
lEnd of Notice)
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution and further set it for
Public Hesring on November 19, 1990 at
7:30 p.m, in the Public Library Audi-
torium and that the City Clerk publish
notice in the marmer prescribed by law.
Seconded by Council Member Krieg. Car-
ried by the following vote: Yess-Mayor
Pro-Tem Kluesner, Council Members
Krieg, Nicholson, Pratt, Voetberg.
Nays-None. Absent-Mayor Brady,
Council Member D..ch.
An Ordinence amending the Code of Or-
dinances by enacting a new Section 5-7,6
prohibiting minors !rom certaIn premises
where alcoholic liquor, wIne or beer is sold
or dispensed and providing that permit-
tees or licensees shall not allow minors on
such premises, (Presented by Council
Member Nicholson), presented and read.
Council Member Nicholson moved that
this be considered the firat reading of the
Ordinance and that it be set for Public
Hearing on December 3, 1990 at 7:30 p.m.
in the Public Library Auditorium and that
the City Clerk publish notice in the man.
ner prescribed by law, Seconded by Coun-
cil Member Voetberg. Carried by the
following vote: Yeas-Mayor Pro-Tem
Klueaner, Council Membera Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager re-
questing Mayor be authorized to execute
an amended 28E Agreement for Com-
municationa Center to reflect E911 Opera.
tions, presented and read. Council Mem-
ber Voetberg moved that the communica-
tion be received and filed. Seconded by
Council Member Nicholson, Carried by the
following vote: Yeas-Mayor Pro.Tem
Kluesner, Council Members Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
D..ch.
RESOLUTION NO. 439-90
A RESOLUTION APPROVING
AN AGREEMENT BY AND BE.
TWEEN DUBUQUE COUNTY,
IOWA, THE CITY OF DU.
BUQUE, IOWA, AND THE
DUBUQUE COUNTY JOINT
E911 SERVICE BOARD, IOWA,
PROVIDING FOR THE ESTAB-
LISHMENT, MAINTENANCE
AND OPERATION OF THE
DUBUQUE COUNTY PUBLIC
SAFETY COMMUNICATIONS
CENTER
Whereas, Dubuque County, the City of
Dubuque, and the Dubuque County Joint
E911 Service Board have agreed tohnple-
ment an Enhanced 911 telephone system
for improved public safety services
throughout Dubuque County and pro-
posea to utilize the existing Dubuque
County Public Salety Communications
Center ss the E911 answering/dispatching
point for Dubuque County; and
Wheress, a proposed Agreement be-
tween Dubuque County, the City of Du-
buque and the Dubuque County Joint
E91l Service Board has been prepared to
establish and provide for the maintenance
and operation of the Dubuque County
Public Safety Communications Center.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Agreement attached
hereto and made a part hereof by and be-
tween Dubuque County, Iowa, the City of
Dubuque, Iowa, and the Dubuque Coun.
ty Joint E911 Service Board, providing
for the establishment, maintenance and
operation of the Dubuque County Public
Safety Communications Center is hereby
approved.
f
Section 2. That the Mayor is hereby
authorised and directed to sign said
Agreement for and on hehalf of the City
of Dubuque, Iowa.
Section 3. That the City Clerk is hereby
580
Regular Session, November 5, 1990
authorized and directed to tranandt a cer-
tified copy of thia Resolution to the
Chairperson of the Board of Supervisors
of Dubuque County, Iowa.
P..sed, approved and adopted this 5th
day of November, 1990,
Loraa J. Klueaner
Mayor Pro-Tem
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 Pro-Tem
Kluesner, Council Members Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager advis.
ing of denial of petition received !rom
reffidents of Wood atreet requesting an ad.
ditionalatreet light between Loras Boule-
vard and University Ave., presented and
read. Council Member Voetberg moved
that the communication be received and
filed and approved recommendation to
deny, Seconded by Council Member Pratt.
Carried by the following vote: Ye..-
Mayor Pro-Tem Kluesner, Council Mem.
bers Krieg, Nicholson, Pratt, Voetberg.
Naya-None. Absent-Mayor Brady,
Council Member D..ch.
Communication of City Manager re-
aponding to petition !rom four residents
in the 2800 block of Brunawfck Street re-
questing to post Brunswfck Street as a
"one-way" street and recommending
denial of petition, presented and read.
Council Member Pratt moved that the
communication be received and filed and
approved recommendation of derdal,
Seconded by Council Member Voetberg,
Carried by the following vote: Yeas-
Mayor Pro-Tem Klueaner, Council Mem.
bers Krieg, Nicholson, Pratt, Voetberg,
Naya-None. Absent-Mayor Brady,
Council Member Deich,
Communication of City Manager re-
questing anthorization to spend up to
$10,000 for topographic mapping of
Roosevelt Park and up to $5,000 to review
the feaffibility study and financing pro-
posal for a suggested public golf course
at Roosevelt Park, presented and read.
Council Member Pratt moved that the
communication be received and filed and
approved request. Seconded by Council
Member Voetberg. Carried by the follow.
ing vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Naya-None, Absent-Mayor
Brady, Council Member Dffich,
"'"
Communication of Patricia Friedman,
Executive Director of Dubuque Maln
Street Ltd" requeating to present their
semi.annual report, presented and read.
Council Member Voetberg moved that the
communication be received and filed,
Seconded by Council Member Nicholson,
Carried by the following vote: Ye..-
Mayor Pro-Tem Klueaner, Council Mem.
bers Krieg, Nicholson, Pratt, Voetberg,
Naya-None, Abaent-Mayor Brady,
Council Member Deich,
Communication of YWCA requesting
Council support a grant application by
YWCA Battered Women Program for
rehebilitation at their shelter, presented
and read. Council Member Pratt moved
that the communication be received and
filed Seconded by Council Member Krieg.
Carried by the following vote: Yeas-
Mayor Pro- Tem Kluesner, Council Mem-
bers Krieg, Nicholson, Pratt, Voetberg,
Nays-None. Absent-Mayor Brady,
Council Member Deich.
RESOLUTION NO. 440-90
A RESOLUTION SUPPORTiNG
APPLICATION OF THE YWCA
BATTERED WOMEN PRO.
GRAM FOR FUNDING UNDER
THE IOWA FINANCE AU-
THORITY'S HOMELESS
SHELTER ASSISTANCE
GRANT PROGRAM.
Whereas, the City of Dubuque
recognizes the continning need for shelter
for battered women and their children;
and
Whereas, the Iowa Finance Authority
has made available funds to assist ser.
vicea for the homeleaa; and
Where.., the YWCA Battered Women
Program h.. requested approval of a pro-
posal supporting a grant application to
the Iowa Finance Authority.
NOW, THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
hereby officially expressea support for the
YWCA Battered Women Program ap-
plication to the Iowa Finance Authority
for rehabilitation coata at it's shelter for
battered women and their children.
Section 2.That the City Clerk is hereby
authorized and <lirected to transmit a copy
of the resolution to:
Linda Falr, Coordinator
"""""?1'
.¡ ,
Regular Session, November 5, 1990
561
YWCA Battered Women Program
35 N. Booth St.
Dubuque, IA 52001
Passed, approved and adopted thia 5th
day of November, 1990.
Loras J. Klueaner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Krieg. Carried by the foilowing
vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Memher Deich.
Communication of Corporation Counsel
Lindalù requesting approval of an Agree-
ment for Substitution of Liability between
Metrix.lowa, Metrix.Illinois, City of
Dubuque and Dubuque In-Futuro, Inc.,
relating to the reorganization of The
Metrix Company, presented and read.
Council Member Kluesner moved that tbe
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Pro-Tem Kluesner, Council Mem-
bers Krieg, Nicholson, Pratt, Voetberg.
Naya-None. Absent-Mayor Brady,
Council Member Deich.
RESOLUTION NO. 441.90
Whereas, on May 16, 1988, the City of
Dubuque (City) and The Metrix Company,
an Illinois corporation, entered into a Loan
Agreement, pursuant to which the City
loaned to The Metrix Company $150,000
for the relocation and expansion of The
Metrix Company's existing medical sup-
ply operations to the Dubuque Industrial
Center in the city of Dubuque, Iowa; a.od
Whereas, pursuant to the Loan Agree-
ment, The Metrix Company executed a
Promissory Note and Security Agree-
ment, granting to the City a security in.
terest in certain equipment owned by The
Metrix Company; and
Whereas, The Metrix Company has
reorgardsed and conveyed to Metrix Co.,
an Iowa corporation, purauant to an
Aasets Purchase Agreement, the equip-
ment and real estate that was the subject
of the foregoing Loan Agreement, Pro.
missory Note and Security Agreement;
and
Whereas, Metrix Co. desires to assume
and be responsible for ail indebtedness
owing by The Metrix Company to the
City of Dubuque, and has submitted for
the approval and consent of the City an
Agreement for Subatitution of Liability;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby
consents to the Agreement for Substitu-
tion of Liability attached hereto, upon the
terms and conditions set forth therein.
Section 2. The Mayor is hereby
authorized and directed to sign the Agree-
ment for Substitution of Liability on
behalf of the City of Dubuque.
Passed, approved and adopted this 5th
day of November, 1991.
Loras J. Kluesner
Mayor Pro.Tem
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson, Carried by the
following vote: Yeaa-Mayor Pro.Tem
Klueaner, Council Members Krieg,
Nicholaon, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager recom.
mending approval of an agreement be.
tween the Dubuque Humane Society and
the City of Dubuque for provision of
ardmal shelter servicea through June 30,
1991, preaented and read. Council
Member Krieg moved that the communi.
cation be received and filed. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg, Nichol-
son, Pratt, Voetberg, Nays-None.
Absent-Mayor Brady, Council Member
Deich.
RESOLUTION NO. 442.90
A RESOLUTION APPROVING
A PURCHASE OF SERVICES
AGREEMENT BETWEEN THE
CITY OF DUBUQUE AND THE
DUBUQUE HUMANE SOCIE.
TY AND AUTHORIZING AND
DIRECTING THE MAYOR TO
EXECUTE SAID AGREEMENT
ON BEHALF OF THE CITY OF
DUBUQUE, IOWA.
Whereas, the City of Dubuque does not
operate its own shelter for doga, cats and
other ardmals which may be taken up or
--.
562
Regular Session, November 5, 1990
received pursuant to Article II of Chapter
7 of the Code of Ordinances of the City;
and
Whereaa, the Dubuque Humane Socie-
ty ia an incurporated society for the
prevention of cruelty of animala and does
maintain a shelter for the custody of loat,
strayed or homeless doga, cats; or other
animala and for the diapoaition and/or
destruction of such animals not redeemed
and/or diseased; and
Whereas, it is deemed to be in the best
intereat of the City of Dubuque to enter
into an agreement wIth the Dubuque
Humane Society to provide animal shelter
services for the city.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the attached Purchase
of Services Agreement by and between
the City of Dubuque, Iowa and Dubuque
Humane Society be and the same is
hereby approved.
Section 2. That the Mayor be and he is
hereby authorized and directed to execute
said Agreement for and on behalf of the
City of Dubuque, Iowa.
Paased, approved and adopted this 5th
day of November, 1990.
Lorna J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davia
City Clerk
CoWlcil Member Krieg moved adoption
of the Resolution, Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Pro-Tem Kluesner,
Council Membera Krieg, Nicholson, Pratt,
Voetberg. Naya-None. Absent-Mayor
Brady, Council Member Dffich,
Communication of City Manager re-
questing Council approval to release funds
to Dubuque Housing Initiative Ine. in the
amoWlt of $20,000, presented and read.
Council Member Voetberg moved that the
communication be recejved and filed and
request be approved. Seconded by Coun.
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg, Nichol.
son, Pratt, Voetberg. Naya-None.
Absent-Mayor Brady, Council Member
D..ch.
Communication of Zoning Commission
submitting an update on the deliberations
of the Zoning Commiasion wIth regard to
the OR Office Reaidential Diatrict
moratorium and aeeking feedback from
the Council, presented and read. Council
Member Voetberg moved that the com.
munication be received and filed. Second.
ed by Council Member Krieg, Carried by
the following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg, Nichol.
son, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
D..ch.
Communication of City Manager re-
questing approval for execution of an An-
nual Contributions Contract wIth HUD
for Section 8 Program housing vouchers,
in the amount of $217,224, presented and
read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas-
Mayor Pro-Tem Kluesner, Council Mem.
bora Krieg, Nicholson, Pratt, Voetberg,
Nays-None. Absent-Mayor Brady,
Council Member Deich.
RESOLUTION NO. 443-90
A RESOLUTION APPROVING
EXECUTION OF AN ANNUAL
CONTRIBUTIONS CONTRACT
FOR SECTION 8 HOUSING
VOUCHERS PROGRAM NO.
IA05.V087-üO8
Whereas, the City Councilauthorised an
application to the U.s. Department of
Housing and Urban Development (RUD),
in January, 1990, for an increment to the
Section 8 Housing Voucher Program; and
Whereas, the Department has approved
the application, in the amount of $217,224
Annual Contributions Authority; and
Whereas, the Department requires ex-
ecution of an Anoual Contributiona Con-
tract for the City's administration of these
funds.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque be and he is hereby author.
ized and directed to execute an Anoual
Contributions Contract, wIth the U.S.
Department of Housing and Urban Devel-
opment, for Project No. IA05.V087-008,
under the Maater Anoual Contributions
Contract No. KC-9004E, on behalf of the
City of Dubuque.
Section 2. This Resolution shall take ef.
fect immediately.
Paased, approved and adopted this 5th
day of November, 1990.
Reg¡¡!ar Session, November 5, 1990
563
Loras J. Kluesner
Mayor Pro-Tem
Attest:
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: Yeaa- Mayor Pro- Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
An ORDINANCE Amending Code of
Ordinance by modifying subsection (bl of
Section 32.214 thereof providing for the
addition of Stop Signs at the intersections
of Adams Street and Fifth Street, Adams
Street and Fourth Street, Fourth Street
and Sixth Street, and Third Street Exten.
sion and Bell Street, presented and read.
(lst reading only given on 10.15.90) Coun.
cil Member Voetberg moved that this be
considered the second reading of the Or-
dinance. Seconded by Council Member
Pratt. Carried by the following vote:
Yeaa-Mayor Pro-Tem Kluesner, Council
Members Krieg, Nicholaon, Pratt, Vost-
berg. Naya-None. Absent-Mayor
Brady Council Member Deich,
Communication of City Manager sub-
mitting Ordinance providing for tbe
regulating of traffic control at the newly
constructed intersection of Chavenelle
Road and Radford Road, presented and
read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member Pratt,
Carried by the following vote: Yeaa-
Mayor Pro-Tem Kluesner, Council Mem.
bers Krieg, Nicholaon, Pratt, Voetberg.
Nays-None, Absent-Mayor Brady,
Council Member Deich,
An ORDINANCE Amending Code of
Ordinances by modifying subsection (b) of
Section 32-214 thereof providing for the
removal of the Stop Sign for northbound
vehicles on Radford Road at ChavenalJe
Road, presented and read. Council Mem-
ber Voetberg moved that this be con-
sidered the first reading only of the Or-
dinance. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Krieg, Nicholson, Pratt, Yost.
berg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
CommunicationmCityManagerreco~
mending parking meter changes in the
metered diatrict, presented and read.
Council Member Voetbergmoved that the
communication be received and filed,
Seconded by Council Member Pratt.
Carried by the following vote: Yeas-
Mayor Pro-Tem Kluesner, Council Mem.
bers Krieg, Nicholson, Pratt, Voetberg.
Nays-None. Abaent-Mayor Brady,
CoWlcil Member Deich,
An ORDINANCE Amending the Code
of Ordinances by reviaing Section 32-336
thereof providing for the change in desig-
nation of the Meter District !rom Ten
Hour Metera to One Hour Meters on the
South Side of Sixth Street, presented and
read. Council Member Voetberg moved
that this be conffidered the first reading
only of the Ordinance. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
RESOLUTION NO. 444-90
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the following have complied wIth
the provisiona of law relating to the sale
of Cigarettes wIthin the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettea and Cigarette Papers wIthin said
City.
Mary Demmer, Bodine's Lounge,
(My.Cap) 1445 Central Ave.
Paased, approved and adopted this 5th
day of November, 1990.
Loraa J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davia
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow.
ingvote: Yeas-Mayor Pro-Tem Kluesner,
Council Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, CoWlcil Member Deich.
RESOLUTION NO. 445-90
Whereas, Applicatious for Beer Permits
have been submitted and filed to this
CoWlcil for approval and the same have
been examined and approved; and
Whereas, The Premises to be occupied
by auch 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
564
Regular Session, November 5, 1990
of Dubuque, Iowa, that the Manager be
authorised to cauae to be isaued the
following named applicants a Beer
PerllÚt.
CLASS "B" BEER PERMIT
Loras College
1450 Alta Vista St.
CLASS "BE" BEER PERMIT
Hartig Drug Co.
703 Town Clock Plaza
CLASS "C" BEER PERMIT
Hartig Drug Co.
2225 Central Ave. (Sunday Sales)
Hartig Drug Co.
157 Locust St. (Sunday Sales)
Hartig Drug Co.
2255 J. F. Kennedy Rd. (Sunday Sales)
Passed, approved and adopted thia 5th
day of November, 1990.
Loras J. Klueaner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the fol-
lowing vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
RESOLUTION NO. 446-90
Whereas, applicationa for Liquor
Licenses have been subllÚtted to this
Council for approval and the same have
been examined and approved; and
Where.., the prellÚaes to be occupied
by auch applicanta were inspected and
found to comply with the St:ate 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, IOWA:
That the Manager be authorized to
cauae to be issued the followIng named
applicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Chad Alan Streff
Gary L. Kupferschmidt, Whiskey
River, 1064 Univeraity
Chiu Sam Wei, Long Yuens
2600 Dodge St. (Sunday Sales)
Sun's Corp, Yen Ching Restaurant
926 Main St.
T&T Welsh, Inc" Finale Lounge
1701 Central Ave.
David L, Lyona, River City Tap/Grill
1406 Pine St, (Sunday Salea)
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro.Tem
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the fol.
lowing vote: Yeas-Mayor Pro.Tem
Klueaner, Council Members Krieg,
Nicholson, Pratt, Voetberg, Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Oky Doky Fooda #15 requesting per.
manent transfer of thffir Clasa "C" Beer
Pennit!rom 1545 South Grandview Ave.
to 1101 Rhomberg Ave, preaented and
read, Council Member Pratt moved that
the transfer be received and filed and ap-
proved. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Pro-Tem Klueaner, Coun.
cil Membera Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
MINUTES SUBMITTED-Airport
Commission of 10.9; Cable TV Regula.
tory Commiasion of 10.10; Five Flags
Comrnisaion of 9-17; Hiatoric Preserva.
tion Commission of 10.10; Housing
Codes Appeala Board of 10-16 & 10.23;
Tranait Truatee Board of 9.13; Zoning
Commiasion of 9-5; Dubuque Humane
Society Minutes of 9-9, presented and
read. Council Member Voetberg moved
that the minutea be received and filed.
Seconded by Ccamcil Member Nicholson.
Carried by the following vote: Ye..-
Mayor Pro-TemKluesner, CouncilMem.
hers Krieg, Nicholson, Pratt, Voetberg.
Naya-None. Abeent-Mayor Brady,
Council Member Deich.
Communicationa of Corporation Coun.
sel Lindabl advising of referral of Van
Damage claim of John W. Ellia and Per-
sonal Injury Claim of Joaeph Stence to
Alexsia, Inc" presented and read. Coun.
cil Member Voetberg moved that the
communications be recejved and filed.
Seconded by Council Member Nicholson.
Regular Session, November 5, 1990
565
Carried by the following vote: Yeas-
Mayor Pro- Tern Kluesner, Council Mem.
bers Krieg, Nicholson, Pratt, Voetberg.
Nays-None. Absent-Mayor Brady,
Council Member Deich.
NOTICES OF CLAIMS/SUITS: Tim
Connolley in amount of $800.00 for car
damages; Mildred Fairfield in amount of
$100.00 for car damages; Donald Kohl in
amount of $213.00 for car damagea;
LeMara Mutual as subrogee of Arlene
Quinlan in unknown amount for personal
injuries; Deunis Thibadeau in amount of
$122.42 for tire damages, presented and
read. Council Member Voetberg moved
that the claims and suits be referred to
the Legal Staff for investigation and
report. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Coun.
cil Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
REFUNDS REQUESTED - Du.
buque Inn Beat Western, $75.00 for
unexpired Cigarette license; Donna
Ginter, $225.00 for unexpired Class "B"
Beer Permit; Robert Heires in amount of
$75.00 on unexpired Cigarette License;
Eugene Otting, $50.00 on unexpired
Cigarette License, presented and read.
Council Member Voetberg moved that
the refunds be approved and Finance
Director to issue proper checks. Second.
ed by Council Member Nicholson. Carried
by the followIng vote: Yeas-Mayor Pro-
Tem Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Dffich,
Communication of City Manager sub-
llÚtting Financial Report for the month
of September, 1990, presented and read.
Council Member Voetberg moved that
the communication be recieved and filed,
Seconded by Council Member Nichoison.
Carried by the following vote: Ye..-
Mayor Pro-Tem Kluesner, Council Mem.
bers Krieg, Nicholson, Pratt, Voetberg.
Nays-None. Absent-Mayor Brady,
Council Member Deich.
Communication of Ma 'k Willging sub-
llÚtting hia resignation !rom City of
Dubuque Police and Firefighters Pension
Trust Board, presented and read. Coun-
cil Member Voetberg moved that the
communication be received and filed and
accepted wIth regret. Seconded by Coun.
cil Member Nicholson. Carried by the
followIng vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg, Naya-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of Iowa Department of
EconollÚc Development advising the
City of Dubuque has been awarded a
Rental Rehabilitation Program in the
amount of $176,650.00, 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 Pro-Tern Kluesner, Coun.
cil Members Krieg, Nicholaon, Pratt,
Voetberg. Naya-None. Absent-Mayor
Brady, Council Member Deich,
Communication of Zoning ComllÚssion
adviaing of thffir approval of plat for pro-
perty located on Old Highway 151 about
1 Y, milea aouth of the City lillÚts west
of Key West, presented and resd. Coun-
cil Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Pro-Tem Kluesner, Council Mem-
bers Krieg, Nicholson, Pratt, Voetberg,
Nays-None. Absent-Mayor Brady,
Council Member Deich.
RESOLUTiON NO. 447.90
A RESOLUTION APPROVING
THE FINAL PLAT OF THE
SUBDIVISION OF LOT 1 OF
LOT 2 OF THE SOUTHEAST v..
OF SECTION 10, AND LOT 1
OF LOT 1 OF LOT 1 OF LOT
1 OF THE EAST y, OF THE
NORTHEAST '/.0 OF THE
SOUTHEAST v.. OF THE
NORTHEAST v.. of SECTION
10, AND LOT 1 OF LOT 1 OF
LOT 2 OF THE NORTHWEST
v.. OF THE NORTHEAST v..
OF SECTION 10, AND THE
SURVEY OF LOT 2 OF LOT 2
OF LOT 5 OF THE EAST Y, OF
THE NORTHEAST v.. OF SEC.
TION 15, ALL IN TOWNSHIP
88 NORTH, RANGE 2E OF THE
5TH P,M., TABLE MOUND
TOWNSHIP, DUBUQUE
COUNTY, IOWA.
Whereas, there has heen filed with the
City Clerk a final plat of the Subdivision
of Lot 1 of Lot 2 of the Southeast v.. of
Section 10, and Lot 1 of Lot 1 of Lot 1
of Lot 1 of the East Y, of the Northeast
v.. of the Southeast v.. of the Northeast
v.. of Section 10, and Lot 1 of Lot 1 of Lot
2 of the Northwest v.. of the Northeaat
v.. of Section 10, and the aurvey of Lot
2 of Lot 2 of Lot 5 of the East Y, of the
Northeaat v.. of Section 15, all in Town-
ahip 88 North, Range 2E of the 5th P.M.,
Table Mound Township, Dubuque Coun-
ty, Iowa; and
'_III
566
Regular Session, November 5, 1990
Whereas, said final plat has been ex-
amined by the City Zoning Commiaaion
and had its approval endorsed thereon;
and
Whereas, said final plat has been ap'
proved by the City Planning and Zoning
Commission on the condition that the
property be consolidated into one lot,
Whereas, aaid final plat has been ex.
amined by the City Council and the City
Council finda that the aame conforma to
the statutes and ordinances relating
thereto and that the above mentioned con-
dition has already been met.
Whereas, the City Council concurs in
the condition of approval eatabliahed by
the City Zoning Commission.
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 aame ia hereby ap'
proved and the Mayor and City Clerk are
hereby authorized and directed to en.
dorse the approval of the City of Du.
buque upon aaid final plat.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J, Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Pro.
Tem Kluesner, Council Membera Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Commmilcation of Zoning Commisaion
advising of their approval of plat for
Slowey Estatealocated on Old Highway
151 about 1 y, milea south of the City
limits weat of Key West, presented and
read. Council Member Voetberg moved
that the commmilcation be rec..ved and
filad. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Coun.
cil Members Krieg, Nicholson, Pratt,
Voetberg. Naya-None. Abaent-Mayor
Brady, Council Member Deich.
RESOLUTiON NO. 448-90
A RESOLUTION APPROVING
THE FINAL PLAT OF SLOW-
EY ESTATES IN DUBUQUE
COUNTY, IOWA.
Whereas, there has been filed with the
City Clerk, a final plat of Slowey Estates
in Dubuque County, Iowa; and
Whereas, aaid final plat has been ex-
amined by the City Zoning Commission
and its approval endorsed thereon; and
Whereas, said final plat has been ap-
proved by the City Zoning Commission
on the condition that the property shall
not be divided or subdivided wIthout
review by the City of Dubuque;
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
thereto.
Whereas, the City Council concurs in
the condition of approval establiahed by
the City Zoning Commission.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of Slowey
Estates is hereby approved and the
Mayor and City Clerk are hereby author-
ized and directed to endorse the approval
of the City of Dubuque on said final plat
provided that the owner of said proper-
ty aball execute a written acceptance
hereto attacbed acknowledging agreeing
that the property shall not be divided or
subdivided wIthout review by tbe City of
Dubuque.
Section 2. That in the event the owner
fails to execute the acceptance provided
for in Section 1 herein with 15 daya after
the date of this resolution, the provisions
herein shall be noll and void and approval
of the plat sball not be effective.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro.Tem
Attest:
Mary A. Davia
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholaon, Carried by
the following vote: Yeas-Mayor Pro.
Tem Klueaner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich,
Commmilcation of Zoning Commission
adviaing of their approval of plat for
Re_9ular Session, November 5, 1990
567
Carter Valley West Subdivision located
on Carter Road near Arabian Trails,
presented and read. Council Member
Voetberg moved that the communication
be rec..ved and filed. Seconded by Coun.
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg, Nays-None.
Absent-Mayor Brady, Council Member
Deich.
RESOLUTION NO. 449-90
A RESOLUTION APPROVING
THE FINAL PLAT OF LOTS 1-8
OF CARTER VALLEY WEST
IN THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with the
City Clerk a final plat of Lots 1-8 of
Carter Valley West in the City of Du-
buque, Iowa; and
Whereas, said final plat has been ex-
amined by the City Zoning Commission
and they find that the same conforms to
the statutes and ordinances relating to
except that:
I) The Commission has serioua con.
cerns that the lots may be prone to
flooding, which will lead to disorder.
ly development of the City and thus
is not in keeping with Section 42.48
of the Subdivision Ordinance.
2) The Commiasion has concerns
that due to the flooding potential on
parts of the Iota and the very steep
slopes on other parta of the Iota, that
some or all of the lots may not be
buildable, which will lead to disorder-
ly development of the City and is not
in keeping with Section 42-48 of the
Subdivision Ordinance.
31 The Commission has concerns
that due to the location of the creek
in the required !ront yard of the lots,
no construction will be able to occur
within 50 feet of the !ront property line
as required by Section 2-7.3(A) of the
Zoning Ordinance.
4) The Commisaion has concerns
that the construction of driveway ac.
cessea and utilities may obatruct the
flow of the creek and cause additional
flooding which would lead to the
disorderly development of the City
and would not be in keeping wIth Sec.
tion 42.48 of the Subdivision Ordi-
nance.
Whereas, said final plat has been ap'
proved by the Zoning Commiasion on the
conditions that:
1) The surveyor note on the original
plat and in a conspicuous area of the
plat: "By approving this plat, the
City of Dubuque and the Dubuque
Zoning Commission do not guarantee
that this property is free from
flooding."
2) The surveyor note on the original
plat and in a conspicuous area of the
plat: 'By approving this plat, the City
of Dubuque and the Dubuque Zoning
Commission do not guarantee that
this property is buildable."
3) All driveway and utility accesses
to the lots be constructed according
to plans which have been approved by
the Commission and which are on file
with the City Engineer.
4) No filling of the lots or chan-
nelization of the creek wIll be allowed.
5) No construction of residential
structures be allowed below the level
of Carter Road,
Whereas, said final plat has been ex.
amined by the City Council and they find
that the aame conforms to the statutes
and ordinances relating thereto, and that
conditions 1 and 2 as stated above have
already been met; and
Whereas, the City Council concurs in
the conditiona of the approval establish-
ed by the Zoning Commission;
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 aame is hereby ap'
proved and the Mayor and the City Clerk
be and are hereby authorized and di-
rected to endorse the approval of the City
of Dubuque, Iowa upon said final plat,
provided that the owner of aaid proper-
ty shall execute a written acceptance
hereto attached acknowledging and
agreffing:
1) That all driveway and utility ac-
cesses to the iots be constructed ac-
cording to plans which have been ap-
proved by the Commission and which
are on file wIth the City Engineer.
2) That no filling of the lots or chan.
nelization of the creek be allowed.
3) That no construction of residen-
tial atructures be allowed below the
level of Carter Road.
568
Regular Session, November 5,1990
Section 2. That in the event the owner
falla to execute the acceptance provided
for in Section 1 herein wIthin 45 days
after the date of this reaolution, the pro-
vision herein shall be null and void and
the approval of the plat shall not be
effective.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 449-90
I, the undersigned, Jim Schwera, Iowa
Northwestern Development Company,
having read the terms and conditions of
the Resolution No. 449-90 and bffing
familiar wIth the conditions thereof,
hereby accept this aame and agree to the
conditions required ther..n,
Dated in Dubuque, Iowa this 9th day
of December, 1990.
By a/Jim Schwers
Iowa Northwestern Developmeut
Company
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Pro-
Tem Kluesuer, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of Parry Adams sub.
mitting his resignation !rom Dubuque
Hiatoric Preservation Commission,
preaented and read. Council Member
Voetberg moved that the communication
be received and filed and accepted wIth
regret. Seconded by Council Member
Nicholson, Carried by the following vote:
Yeas-Mayor Pro-Tem Klueaner, Coun.
cil Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
Proof of Publication, certified to by the
Publisher, on Notice of Finding of No
SiglÙficant Effect on the Enviromnent
for the "Replacement of 10" Sanitary
Sewer and Repaving of Iowa Street be-
tween 4th & 5th Streets" project,
presented and read. Council Member
Voetberg moved that the proof of
publication be recffived and filed. Second.
ed by Council Member Nicholson. Carried
by the following vote: Yeas- Mayor Pro-
Tem Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager re-
questing authorization to publish a
release of funds for replacement of 10"
sanitary sewer and repaving of Iowa
Street between 4th & 5th Streets,
presented and read, Council Member
Voetberg moved thet the communication
be received and filed. Seconded by Coun-
cil Member Nicholson. Carried by the
followIng vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None,
Absent-Mayor Brady, Council Member
Deich,
RESOLUTION NO. 450.90
RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST
FOR A RELEASE OF FUNDS
FOR A CERTAIN COMMUNI-
TY DEVELOPMENT BLOCK
GRANT PROJECT.
Whereas, the City of Duhuque, Iowa,
in conformance wIth the Enviromnental
Review Procedures for the Community
Development Block Grant Program, con.
vened an Ad Hoc Committee on October
8, 1990 which completed an environmen-
tal assessment of the following:
Replacement of 10" Sanitary
Sewer and Repaving of Iowa
Street Between 4th and 5th
Streets; and
Whereas, pursuant to Resolution No.
426-90, adopted October 15, 1990, public
notice of a "Finding of No SiglÙficant Ef-
fect on the Enviromnent" for the above
project was published October 22, 1990
in the Dubuque Telegraph Herald, a
newspaper of geueral circulation, and pro-
vided for a public comment period until
12:00 Noon, Friday, November 2, 1990;
and
Whereas, public notice of a "Finding
of No SiglÙficant Effect on the Environ-
ment" for the project was sent by regular
mail to various federal, atate and local
public agencies and to local news media,
individuals and groups known to be in-
tereated and believed to be appropriate
to review such a public notice; and
Whereas, any and all objectiona, if any,
to auch proposals have been duly con.
sidered; and
Whereas, it is the intent of the City
Council to authorize the submission of a
569
Regular Session, November 5, 1990
request to the U.s. Department of Houa.
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 1. 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-
arolned and copied by any interested
party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment a request for release of funds to
undertake the said project.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Pro.
Tem Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager
recommending acceptance of Relocation
of Third Street Railroad Spurline project,
presented and read. Council Member
Voetberg moved that the communication
be received and filed. Seconded by Coun.
cil Member Nicholaon. Carried by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich,
RESOLUTION NO. 451.90
ACCEPTING IMPROVEMENT
Whereas, the contract for the Reloca-
tion of the Third Street Railroad Spurline
has been completed and the City Man.
ager bas examined the work and filed hia
certificate stating that the aame has been
completed according to the terms of the
contract, plana and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that
said improvement be and the same is
hereby accepted,
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
50% by the Dubuque Casino Bell, Inc,
(Robert Kehl) and 50% by DRA (TIF
Revenue Bonds) in amount equal to the
amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 5th
day of November, 1990.
LorasJ. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Pro-
Tem Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg, Nays-None.
Absent-Mayor Brady, Council Member
Deich.
RESOLUTION NO. 452.90
FINAL ESTIMATE
Whereas, the contract for the Reloca.
tion of Third Street RaIlroad Spurline has
heen completed and the City Engineer
baa submitted his final estimate showIng
the cost thereof including the cost of
estimates, noticea and inspection and all
miacellaneous coats;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section L That the cost of said im.
provement ia hereby determined to be
$211,510.72 and the said amount shall be
paid from 50% by the Dubuque Casino
Bell, Inc, (Robert KebI) and 50% by DRA
(TIF Revenue Bonda) of the City of
Dubuque, Iowa.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Atteat:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
570
Regular Session, November 5, 1990
Council Member Nicholson, Carried by
the fallowIng vote: Yeaa-Mayor Pro.
Tem Kluesner, Council Membera Krieg,
Nicholson, Pratt, Voetberg. Naya-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager
reconunending acceptance of contract for
the Concrete Paving Storm Sewer and
Street Lighting for the Dubuque In.
dustrial Center, Phaae II, 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 Pro-Tem Kluesner, Coun-
cil Members Krieg, Nicholson, Pratt,
Voetberg. Naya-None. Abaent-Mayor
Brady, Council Member Deich.
RESOLUTION NO, 453.90
ACCEPTING IMPROVEMENT
Whereas, the contract for the Dubuque
Induatrial Center, Phase II Paving,
Dreinage and Lighting has been com.
pleted and the City Manager has exam.
ined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract,
plans and apecifications and recommends
its acceptance.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that
said improvement be and tbe same is
hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor !rom
General Obligation Bonds, the storm
sewer construction fund and the road use
tax fund in amount equal to the amount
of hia contract, less any retained percen.
tage provided for therein.
Passed, approved and adopted this 5th
day of November, 1990.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davia
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by
the following vote: Yeaa-Mayor Pro.
Tern Kluesner, Council Membera Krieg,
Nicholson, Pratt, Voetberg. Naya-None.
Absent-Mayor Brady, Council Member
Deich.
RESOLUTiON NO. 454-90
FINAL ESTiMATE
Whereas, the contract for the Dubuque
Induatrlal Center, Phase II - Paving,
Dreinage and Lighting has been com.
pleted and the City Engineer has submit.
ted his final eatimate sbowing the cost
thereof including the cost of eatimates,
noticea and inapection and all miscel.
laneoua costs;
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said im-
provement is hereby determined to be
$287,535,43 and the aaid amount ahall be
paid !rom General Obligation Bonda, the
storm sewer construction fund and the
road use tax fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 5th
day of November, 1990.
Loraa J. Klueaner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Reaolution. Seconded by
Council Member Nicholaon. Carried by
the followIng vote: Yeaa-Mayor Pro-
Tern Klueaner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Communication of City Manager re-
questing acceptance of Annual Certified
Local Government Report and authorize
submission of document to the State
Historical Society of Iowa/Bureau of
Historic Preaervation, presented and
read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Nicholaon. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Coun.
cil Members Krieg, Nicholson, Pratt,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
8:53 p.m, Council Member Voetberg
moved to go into Closed Sesaion in accor.
dance wIth Chapter 21.5 l(c) To discuss
strategy wIth counsel in matters that are
presently in litigation or where litigation
ia imminent where its disclosure would
be likely to prejudice or disadvantage the
Regular Session, November 5, 1990
571
position of the governmental body in this
litigation. Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeaa-Mayor Pro.Tem Kluesner, Coun.
cil Members Krieg, Nicholson, Pratt,
Voetberg, Nays-None. Absent-Mayor
Brady, Council Member Deich.
9:21 p,m. Mayor Brady entered Closed
Session,
9:49 p.m. Council reconvened. The
Mayor stated direction had been given
to Legal Staff on pending litigation.
9:50 p.m. There being no further
business, Council Member Voetberg
moved to adjourn the meeting. Second.
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor Pro-
Tem Kluesner, Council Members Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich. Meeting adjourned at 9:50 p.m.
Council Members
Attest:
21 d ~
. u.u / .'
CIty Clerk If ,AJ (.j.L..:v
¡.
572
S !ecial Session, November 14, 1990
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Se""ion, November 14, 1990.
Council Met at 4:30 o'clock p,m., Con-
ference Room "B", City Hall.
Present: Mayor Brady, Council
Members Kluesner, Nicholson, Pratt.
Absent: Council Members Dffich, Krieg,
Voetberg.
Mayor Brady read the call and stated
this is a Special Session of the City Coun-
cil called for the purpose to consider a
Resolution Granting a Liquor License to
The Caterer's Inc.
Let the record show that tbe meeting
was being held wIth the aid of electronic
means: Council Member Pratt being on
Speaker Phone. Because of that the
meeting was relocated !rom Conference
Room "B", City Hall, to tbe City
Manager'a Office and that someone stood
by to direct people !rom Conference Room
"B" to the Manager's Office.
RESOLUTION NO. 455-90
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
Whereaa, the premiaes to be occupied
by such applicants were inspected and
found to comply wIth the State Law and
all City-Ordinances relevant thereto and
they have filed proper bonds;
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the followIng nsmed ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
The Caterers, Inc.
CyCare Plaza, 8th & Locust.
Paased, approved and adopted this 14th
day of November, 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 Nicholson. Carried by the
followIng vote: Yeas-Mayor Brady,
Council Members Kluesner, Nicholson,
Pratt. Nays-None. Absent-Council
Members Deich, Krieg, Voetberg.
There being no further business, Coun-
cil Member Kluesner moved to adjourn
the meeting. Seconded by Council Mem-
ber Nicholaon. Carried by the followIng
vote: Yeas-Mayor Brady, Council Mem.
bera Klueaner, Nicholaon, Pratt. Naya-
None. Absent-Council Members Deich,
Krieg, Voetberg, Meeting adjourned at
4:56 p.m.
Council ~Iembers
~LL4-
Regular Session, November 19, 1990
573
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, November 19, 1990.
Council Met at 7:30 p.rn., Public Library
Auditorium.
Present: Mayor Brady, Council Mem-
bers Deich, Krieg, Nicholson, Pratt, City
Manager W. Keuneth Gearhart, Corpora.
tion Counsel Barry A. Lindahl. Absent:
Council Members Kluesner, Voetberg.
Mayor Brady read the call and stated
thia is the Regular Session of the City
Council called for the purpose to act upon
such business which may properly come
before the Council.
PROCLAMATION-December 1,1990
as "World AIDS Day" received by Alan
Selig. Council Member Pratt moved that
the rules be suspended to allow anyone
present to address the Council if they so
desire. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Krieg, Nicholson. Pratt, Nays-
None. Absent-Council Members Klues-
ner, Voetberg.
Prool of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider vacating and releasing the ex.
isting 20 foot wide sardtary sewer ease-
ment on Lot 14 of Twin Sisters Addition
in the City, presented and read. There
were no written objections received and
no oral objectors present at the thue of the
Hearing,
Attorney Leo McCarthy, on behalf of
the property owner explained the request,
Council Member Pratt moved that the
proof of publication be rec..ved and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Krieg, Nicholson, Pratt. Nays-None.
Absent-Council Members Kluesner,
Voetberg.
RESOLUTION NO. 456-90
WHEREAS, the final plat of Twfn
Sisters Addition to the City of Dubuque,
Iowa, according to the recorded plats
thereof, waa filed for record on September
4, 1980, Instrument #5652.1980 of the
records of Dubuque County, Iowa;
WHEREAS, on Lot 14 of Twin Sisters
Addition to the City of Dubuque, Iowa,
was located and dedicated to the public
a 20 ft, wide sardtary sewer easement;
WHEREAS, Leo A. McCarthy and Joy
K. McCarthy, husband and wife, the
Owners of Lot 14 of Twfn Sisters Addi-
tion to the City of Dubuque, Iowa, desire
to vacate the exiating 20 ft. wide sardtary
sewer easement and dedicate and relocate
the 20 ft, wIde aardtary sewer easement
to a new location, all as fully set out in
the attached Vacation of Eaaement and
Dedication of Sardtary Sewer Easement
Agreement of the Owners dated October
3,1990;
WHEREAS, the Owners have agreed
that the cost of vacating and dedicating
the sardtary sewer easement and the
relocating of the sardtary sewer to the new
easement location shall be their sole ex-
pense, and they further shall reconstruct
the sardtary sewer to conform to The City
of Dubuque, Iowa, Standard Specifica.
tions for Sardtary Sewers;
WHEREAS, The City of Dubuque
finds good and proper reason to consent
to the vacation of the 20 ft. wide existing
sardtary sewer easement and the reloca.
tion and rededication of a new 20 ft. wide
sardtary sewer easement, as it will pre-
serve oak treea;
WHEREAS, the City Council of The
City of Dubuque deems it in the best in-
tereata of the public that said 20 ft. wide
existing sardtary sewer easement be
vacated and relocated to a new 20 ft. wIde
sardtary sewer easement as located and
described on Exhibits "A" and "B" of the
attached Agreement.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the proposal to vacate
and releaae the exiating 20 ft. wide
sardtary sewer essement on Lot 14 of
TwIn Sisters Addition to the City of
Dubuque, Iowa, according to the record-
ed plats thereof. aa hereinabove set out,
and the abandonment of said easement to
the Owners, be and the same is hereby
approved.
Section 2. That the proposal to dedicate
a new 20 ft. wIde sardtary sewer easement
and relocate the sanitary sewer therein,
on aaid property, as hereinabove set out
by the Owners, be and the same is hereby
approved.
574
Regular Session, November 19, 1990
Section 3. That the Mayor and City
Clerk be and they are empowered to
execute the Consent to the October 3,
1990 Vacation of Easement and Dedi-
cation of Sanitary Sewer Easement
Agreement.
Section 4. That the City Clerk be and
she is hereby directed to file a certified
copy of this Resolution in the office of the
Dubuque County Recorder.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Delch, Krieg, Nicholson, Pratt.
Nays-None, Absent-Council Members
Kluesner, Voetberg,
Proof of Publication, certified to by the
Publisher, on Notice of Hearing to con.
sider granting an easement over Lot 2 of
Lot 3 of Lot 2 of Mineral Lot 312 for ac-
cess rights onto Eagle Point Drive to
Michael and Marlene Schmalz, 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
be rec..ved and filed, Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Krieg, Nicholson,
Pratt. Nays-None, Absent-Council
Members Kluesner, Voetberg.
RESOLUTION NO, 457.90
WHEREAS, the City of Dubuque is the
owner of certain real property as shown
on Exhibit A, attached hereto and incor.
porated herein by reference, and known as
Eagle Point Park;
AND WHEREAS, Michael and
Marlene Schmalz desire to obtain !rom the
City of Dubuque a perpetual, vehicular
and pedestrian easement over and across
a portion of Eagle Point Park for purposes
of a roadway, which is deacribed on
Exhibit A, attached hereto;
AND WHEREAS, the City of Du-
buque and Michael and Marlene Schmalz
have reached an agreement for the terms
and conditions of the grant of such ease-
ment, which terms and conditions are set
forth in the Agreement attached hereto as
,""",,' ~
Exhibit B and incorporated herein by
reference.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the City of Dubuque,
Iowa, grants unto Michael and Marlene
Schmalz, husband and wIfe, an easement
over Lot 2 of Lot 3 of Lot 2 of Mineral
Lot 312 for access rights onto Eagle Point
Drive, said easement shall be twenty feet
in width, and also grants unto Michael
and Marlene Schmalz the right to use
Eagle Point Drive from the point of ac.
cess from Lot 2 of Lot 3 of Lot 2 of
Mineral Lot 312 in the City of Dubuque
to Shiras A venue on the existing roadbed,
Seciion 2. That the Mayor be authorized
and directed to execute a copy of the grant
of easement on the above described real
estate to Michael and Marlene Schmalz
and that the City Clerk be and is herehy
directed and authorized to deliver a copy
of the grant of easement on the above
described real estate to the above named
party.
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this grant of
easement in the offices of the City
Asseasor, Dubuque County Recorder, and
Dubuque County Treasurer.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member NicholsoIL Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider vacation of iO feet of a well ease-
ment parallel to the floodwall to Whalen
Industries, Inc. and advising of intent to
dispose of iO feet of a City owned ease-
ment to Whalen Industries, Inc.. pre-
sented and read, There were no written ob-
jections received and no oral objectors pre-
sent at the time of the Hearing. Council
Member Pratt moved that the proof be
received and filed. Seconded by Council
Member Krieg. Carried by the followIng
vote: Yeas-Mayor Brady, Council Mem.
bers Deich, Krieg, Nicholson, Pratt.
Regular Session, November 19, 1990
575
Nays-None. Absent-Council Members
Kluesner, Voetberg.
RESOLUTION NO. 458.90
Whereas, pursuant to resolution and
published notice of time and place of hear-
ing in the Telegraph Herald, a newspaper
of general circulation published in the City
of Dubuque, Iowa on the 9th day of
November, 1990, the City Council of the
City of Dubuque, Iowa met on the 19th
day of November, 1990, at 7:30 p.m. in the
Public Library Auditorium, 11th and
Locust, Dubuque County, Iowa to con-
sider the vacation of part of an existing
well easement located on Lot 2 of Lot 2
of Lot 2, Block 6 and Lot 2, Block 5 of
Riverfront Subdivision No.3 in the City
of Dubuque. Iowa. as shown in Exhibit A
attached and considered a part herecf: and
Whereas, the City Council overruled
any and all objections, oral or written to
the proposal to dispose of interest of the
City of Dubuque, Iowa in the hereinabove
described real estate to Whalen Indus-
tries, Inc.. Dubuque, Iowa.
NOW. THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCfL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the vacation of a part
of an existing well easement across Lot
2 of Lot 2 of Lot 2, Block 6 and Lot 2,
Block 5 of Riverfront Subdivision No.3
(as shown on attached Exhibit A, dated
October, 1990 and considered a part
hereof! in the City of Dubuque, Iowa to
Whalen Industries, Inc.. Dubuque, Iowa
be and the same is hereby approved for
the sum of $300.00 in addition to all plat-
ting, publication and recording costs.
Section 2, That the City Clerk be and
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.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas-Mayor Brady, Council Mem.
bers Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider disposing of City's interest in
property described as Lot 27, Wilson's
Subdivision to William J. and Tracy L.
Birch and communication of City Man-
ager recommending approval of sale of
said property, 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 and communication be
received and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
RESOLUTION NO. 459-90
A RESOLUTiON APPROVING
THE DISPOSAL OF CITY-
OWNED PROPERTY: LOT
TWENTY.SEVEN (271, WIL-
SON'S SUBDIVISION, IN THE
CITY OF DUBUQUE, DU-
BUQUE COUNTY, IOWA, AC-
CORDING TO THE RECORDED
PLAT THEREOF; ALSO
KNOWN AS 749 WILSON
STREET, DUBUQUE, IOWA,
TO WILLIAM BIRCH AND
TRACY BIRCH.
Whereas, pursuant to duly published
notice, published in the Telegraph Herald
newspaper, the City Council 01 Dubuque,
Iowa, met on the 19th day of November,
1990, at 7:30 p.m. in the Carnegie Stout
Public Library Auditorium, 11th and
Bluff Street, Dubuque, Iowa, to consider
the proposal of disposing of City-owned
real estate located at 749 Wilson Street
which property is legally described as
follows:
Lot Twenty-Seven 1271, Wilson's
Subdivision, in the City of Du-
buque, Dubuque County, Iowa, ac-
cording to the recorded plat
thereof.
Whereas, such property is to be sold to
William J. Birch and Tracy L. Birch for
the consideration on $13,000 rehabilita.
tion of such property in accordance with
City standards; and
Whereas, the City Council of the City
of Dubuque, Iowa, has overruled any and
all objections, oral and written, to the pro-
posal to dispose of the interest of the City
of Dubuque, Iowa, in the herein and
above-named real eatate to the above-
named grantee.
576
Regular Session, November 19, 1990
NOW, THEREFORE, BE IT RE-
SOLVED BY THE C1TY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1, That the disposal of the in-
terest of the City of Dubuque in the herein
above-described property to William J.
Birch and Tracy L. Birch is hereby
approved,
Section 2. That the Mayor be and he is
hereby authorized and directed to execute
a Quit Claim Deed, and that the City
Clerk be and she is hereby directed and
authorized to deliver such Deed, convey-
ing the above described real estate to the
above-name grantee.
Passed, approved and adopted this 19th
day of November, 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 follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg,
Proof of Publication, certified to by the
Publisher. on Notice of Public Hearing to
consider vacating a portion of 64 foot wIde
portion of Jones Street located in Du-
buque Harbor Company's Addition and
to dispose of said property to Chicago
Central and Pacific RalJroad, 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 be received
and filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
D..ch, Krieg, Nicholson, Pratt. Nays-
None. Absent-Council Members Klues.
ner, Voetberg.
An ORDINANCE Approving vacating
a portion of 64 foot wIde Jonea Street,
presented and read. Council Member
Pratt moved that this be the second
reading and that the Public Hearing be
closed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Krieg, Nicholson, Pratt. Nays-
None. Absent-Council Members Klues.
ner, Voetberg.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider granting a temporary easement
""" '
to the Iowa Department of Transporta-
tion, presented and read. There were no
written objections received and no oral ob-
jectors present at the time of the Hear.
ing. Council Member Pratt moved that
the proof be received and filed. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Krieg, Nicholson,
Pratt. Nays-None. Absent-Council
Members Kluesner, Voetberg,
RESOLUTiON NO. 460-90
Whereas, pursuant to resolution and
published notice of time and place of hear-
ing in the Telegraph Herald, a newspaper
of general circulation published in the City
of Dubuque, Iowa on the 9th day of
November, 1990, the City Council of the
City of Dubuque, Iowa met on the 19th
day of November, 1990, at 7:30 p.m, in the
Public Library Auditorium, 11th and
Locust, Dubuque County, Iowa to con-
sider the proposal for the granting of a
temporary easement to the Iowa Depart.
ment of Transportation for real est:ate
located on parts of Lot 1 of Lot 2 of Lot
I of Lot I all in the City of Dubuque Lot
507 (except the west 100') and Lot 2 of
Lot 2 of Lot 2 of Lot 1 of Lot 1 congo Lot
8 all in the City of Dubuque, St:ate of Iowa
and more specifically as described on pro'
ject drawings for the U.S. 61 project as
follows:
from Sta. 4 + 72 :< P,L. to Sta.
49 + 50, a stripe 40 feet wIde,
northside; !rom St:a. 49 + 50 to St:a.
50 + 50,astripe4Q-19 + ExRIW
feet wIde, northside
!rom 47 + 72:< P.L. St:a. 49 + 50 all
land to north line Ex. Kerper Blvd.,
aouthside; as measured from
centerline a proposed detour as
shown on plans for said highway.
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections oral or written to the proposal
to the granting of a temporary easement
on the above described property located
in the City of Dubuque, Iowa to the Iowa
Department of Transportation.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the granting of a tem-
porary easement of interest of the City of
Dubuque, Dubuque County, Iowa in real
property described as parts of Lot 1 of Lot
2 of Lot 1 of Lot 1 all in the City of Du-
buque Lot 507 (except the west 100') and
Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1
congo Lot 8 all in the City of Dubuque,
Regular Session, November 19, 1990
577
St:ate of Iowa, for the purpose of construc-
ting and maIntaining a detour for Kerper
Boulevard is hereby approved,
Secti... 2. That the Mayor be authorized
and directed to execute a temporary ease-
ment contract wIth the Iowa Department
of Transportation wIth the understanding
that the granting of the easement is for
the mutual benefit of the State of Iowa
and the City of Dubuque, Iowa.
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this resolution
in the Office of City Aasessor, Dubuque
County Recorder, and the Dubuque Coun.
ty Treasurer.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Proof of Publication, certified to by the
Publiaher, on Notice of Public Hearing to
consider approval of a Propoaed Amend.
ed and Restated Dubuque Industrial
Center Economic Development District
Urban Renewal Plan for a proposed Ur.
ban Renewal Area in the City of Dubuque,
Iowa; Communication of Corporation
Counsel Lindahl tranamitting opinion of
William J. Noth, Eaq" of the firm of
Alùera, Cooney, Dorweiler, Haynie, Smith
and Allbee, P,C., bond counsel for the City
on project; Communication of Long Range
Planning Commission aubmitting their
comments on amended Urban Renewal
Plan; and Communication of Attorney
Thomas McKay objecting to proposed
amended and restated Dubuque Indus.
trial Center Economic Development
District Urban Renewal Plan, presented
and read. Council Member Krieg moved
that the proof and communications be
recffived and filed, Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Membera
Kluesner, Voetberg,
A RESOLUTION Determining an area
of the City to be an Economic Develop-
ment Area, and that the Rehabilitiation,
Conservation, Redevelopment, Develop.
ment, or a combination thereof, of such
area is necessary in the interest of the
Public Health, Safety or Welfare of the
reaidents of the City; designating such
area as appropriate for an Urban Renewal
Project; and adopting the Amended and
Rest:ated Dubuque Induatrial Center
Economic Development Distdct Urban
Renewal Plan for the Urban Renewal Area
described therein, preaented and read,
Council Member Pratt moved that they
table the issue to the next meeting and
close the Public Hearing. Seconded by
Council Member Nicholson, Carried by the
followIng vote: Yeas-Mayor Brady,
Council Members Dffich, Krieg, Nicholson,
Pratt. Nays-None. Absent-Council
Members Kluesner, Voetberg.
Proof of Publication, certified to by the
Publisher, on Notice of Meeting of the
Council of the City on the Matter of the
proposed issuance of not to exceed
$1,500,000 Urban Renewal Tas Increment
Revenue Bonds of said City, and the hear-
ing on the issuance thereof, presented and
read. Council Member Pratt moved that
the proof be received and filed. Seconded
by Council Member Deich, Carried by the
followIng vote: Yeas-Mayor Brady,
Council Members Dffich, Krieg, Nicholson,
Pratt. Nays-None. Abaent-Council
Members Kluesner, Voetberg.
Council Member Pratt moved that they
t:able the following to the next meeting
and close the public hearing: RESOLU.
TION Instituting proceedings to take ad-
ditional action for the iasuance of not to
exceed $1,500,000 Urban Renewal Tas In.
crement Revenue Bonds. Seconded by
Council Member Deich. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Dffich, Krieg, Nicholson,
Pratt. Nays-None, Absent-Council
Members Kluesner, Voetberg.
Proof of Publication, certified to by the
Publisher. on Notice of Public Hearing to
consider an Ordinance amending the Zon-
ing Ordinance to reclassify property
located on the Vincent Street !rom R.1 to
R.4 zoning; petition of Roberta Buelow
containing 41 signatures objecting to re-
zoning clasaification of property located
on Vincent Street; petition of Carol &
Darryl Hovind objecting to rezoning
classification as requested for property on
Vincent Stree~ and petition of Merle Koch
objecting to zoning changes proposed for
the Vincent Street development, pre.
sented and read.
Mike Sullivan, owner of property; Ken
Buesing, Engineer for the project; Gayle
Randolph, Bob Fisch, Ann Mihalski and
Chuck Isenhart, on behalf of the Housing
Commission, spoke in favor of the
578
Regular Session, November 19, 1990
rezoning. Peg Hingtgen, Paul Fitzalm.
mons, Roberta Buelow, Cindy Liefker, At.
tomey Steve Juergena, representing 17
property owners in the area, Eileen
McSperrin, Howard Parker, Tom Leifker
and Vom Hingtgen requested Council not
to approve the rezoning request,
Council Member Pratt moved that the
proof and petitiona be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members D..ch,
Krieg, Nicholson, Pratt. Nays-None.
Abaent-Council Members Kluesner,
Voetberg.
An ORDINANCE Amending Zoning
Ordinance by reclassifying property
located on Vincent Street, south of West
Locust Street !rom R.1 Single-Fsmily
Residential District to R.4 Multi.Fanúly
Residential District, said Ordinance hav,
ing been given the first reading only on
October 15, 1990, presented for further ac-
tion, Council Member Pratt moved that
they approve the Zoning Commissiou's
denial. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
D..ch, Krieg, Nicholson, Pratt. Naya-
None. Absent-Council Members Klues-
ner, Voetberg.
Proof of Publication, certified to by the
Publiaber, on Notice of Public Hearing to
reclassify property located at 2010, 2030
and 2040 Mullen Road !rom R.1 to R.2,
presented and read, Council Member
Pratt moved that the proof be received
and filed. Seconded by Council Member
Krieg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Krieg, Nicholson, Pratt, Naya-
None, Absent-Council Members Klues-
ner, Voetberg.
An ORDINANCE Amending Zoning
Ordinance by reclassifying property
located at 2010, 2030 and 2040 Mullen
Road !rom R,l Single-Fsmily Residential
District to R.2 Two-Fsmily Residential
District, aaid Ordinance having been
given the firat reading on October 15,
1990, presented for further action. Coun'
cil Member Pratt moved that thia be con.
sidered the second reading of the Or.
dinance and that it be tabled to the Coun.
cil Meeting of December 17, 1990. Second.
ed by Council Member Nicholson, Carried
by the following vote: Yeas-Mayor
Brady, Council Members D..ch, Krieg,
Nicholson, Pratt. Nays-None. Absent-
Council Members Kluesner, Voetberg.
Proof of Publication, certified to by the
Publiaber, on Notice of Public Hearing to
allow a "Hobby Shop" as a Conditional
Use in a (;.1 Nffighborhood Commercial
District and correspondence submitted
advising of verbal objections received in
the Zoning Office regarding the allowance
of "Hobby Shopa" as a Conditional Use
in a C.1 Neighborhood Commercial Dis.
trict, presented and read Council Member
Pratt moved that the proof and cor.
respondence be received and filed. Second.
ed by Council Member Nicholson, Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Krieg,
Nicholson, Pratt. Nays-None. Absent-
Council Membera Klueaner, Voetberg.
An ORDINANCE Amending Zoning
Ordinance by enacting a new Section
3.3.1(D5) to allow a Hobby Shop as a con.
ditional uae in a (;,1 Neighborhood Com.
mercial District, said Ordinance having
been given the first reading on October 15,
1990, presented for further action. Coun.
cil Member Pratt moved that this be con.
sidered the seconded reading of the Or-
dinance. Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeas-Mayor Brady, Council Members
D..ch, Krieg, Nicholson, Pratt. Nays-
None. Absent-Council Membera Klues.
ner, Voetberg.
Communication of City Manager sub-
mitting documents providing for the bid.
ding process for the New Lighting System
for the Iowa Street Parking Facility,
presented and read. Council Member
Pratt moved that the communication be
received and filed. Seconded by Council
Member Nicholson, Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
RESOLUTiON NO. 461.90
PRELIM1NARY APPROVAL
OF PLANS AND SPECIFICA-
TIONS.
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 New Lighting System for Iowa Street
Parking Facility, in the estimated amount
of $83,000.00, are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Regular Session, November 19, 1990
579
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the foilow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None, Absent-Council Members
Kluesner, Voetberg,
RESOLUTION NO. 462.90
FIXING DATE OF HEARING
ON PLANS AND SPECIFICA-
TiONS.
Whereas. the City Council of the City
of Dubuque. Iowa has given its pre-
liminary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the New
Lighting System for Iowa Street Parking
Facility.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That on the 17th day of December,
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
plana and specifications, form of contract
and cost of said improvement, and the
City Clerk be and ia 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 im.
provement.
Passed, approved and adopted this 19th
day of November, 1990.
James E, Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson, Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg,
RESOLUTION NO. 463-90
ORDERING BIDS
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the New Lighting System for Iowa
Street Parking Facility is hereby ordered
to be advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to accompany
each bid shall be in an amount which shall
conform to the provisions of the notice to
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
general circulation in the City of Dubuque,
Iowa, which notice shall not be less than
four days nor more than twenty days prior
to the recffipt of said bids at 2:00 p.m, on
the 6th day of December, 1990. Bids shall
be opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 7:30 p,m. on the
17th day of December, 1990.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt,
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Communication of Zoning Commission
advising of their approval to rezone pro-
perty in Terrace Heights Mobile Home
Park located along Peru Road near
Roosevelt Road from (;.2 to PR, 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
D..ch, Krieg, Nicholson, Pratt. Nays-
None, Absent-Council Members Klues-
ner, Voetberg,
An ORDINANCE Amending Code of
Ordinances by adopting a Conceptual
Development Plan for the Terrace
H..ghts PR Planned Residential Diatrict
---,_._,-
580
Regular Session, November 19, 1990
on Peru Road in the City, presented and
read. Council Member Pratt moved that
this be conaidered the first reading of the
Ordinance sod that a public hearing be set
for said ordinance on December 3, 1990
at 7:30 o'clock p.m. in the Public Library
Auclitorium and that the City Clerk
publish notice in the marmer prescribed
by law. Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeas-Mayor Brady, Council Members
Deich, Krieg, Nicholson, Pratt. Nays-
None. Absent-Council Membera Klues.
ner, Voetberg.
Communication of Zoning Commission
advising of their approval to the Zoning
Ordinance Text Amendment for U.S, 20
Corridor 45 days notice to IDOT, pre.
sented and read. Council Member Pratt
moved that the communication be reo
ceived and filed. Seconded by Council
Member Nicholson. Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
N ays- None. Absent-Council Members
Kluesner, Voetberg,
An ORDINANCE Amending Zoning
Ordinance by adding thereto a new Sec.
tion 6-1.5.5, providing that the City Coun.
cil shall not give final approval to any
reclassification request for property in the
U.S. 20 Corridor (Dodge Street) for a
period of 45 daya !rom the date of the
receipt of any reconunendation of the Zon.
ing Commission on such reclasaification,
and further providing that notice of the
filing of such a request shall be given to
the Iowa Department of Transportation,
presented and read.
Council Member Pratt moved that this
be considered the first reading of the Or-
dinance and that it be set for Public Hear-
ing on December 3, 1990 at 7:30 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the man.
ner prescribed by law. Seconded by Coun.
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Krieg, Nicholson,
Pratt. Nays-None. Abaent-Council
Members Kluesner, Voetberg.
Communication of Zoning Commission
advising of thsir approval of a Zoning Or-
dinance text amendment that would alter
the method used to calculate the area of
on'premise signs, presented and read.
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeaa-
Mayor Brady, Council Members D..ch,
Krieg, Nicholson, Pratt. Nays-None.
Absent-Council Members Kluesner,
Voetberg.
An ORDINANCE Amending Zoning
Ordinance by repealing the present Sec-
tion 4.3.10 and adding thereto a new Sec.
tion 4-3.10 provicling that the method of
calculating the area of on-premise signs
be altered, presented and read, Council
Member Pratt moved that this be con-
sidered the first reading of the Ordinance
and that it be set for Public Hearing on
December 3, 1990 at 7:30 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the marmer
prescribed by law. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
An Ordinance vacating a portion of
Blake Street !rom Kirkwood Street to its
southerly terminus, said Ordinance hav.
ing been given its first and second
readings at the Council Meetings of Oc.
tober 15th and November 5th, presented
for final action, Council Member Pratt
moved that this be considered the third
reading and final adoption of the Or.
dinance. Seconded by Council Member
Nicholson, Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Krieg, Nicholson, Pratt. Nays-
None, Absent-Council Members Klues-
ner, Voetberg.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 89-90
ORDINANCE VACATING A
PORTION OF BLAKE STREET
FROM KIRKWOOD STREET
TO ITS SOUTHERLY TER.
MINUS
Whereas, Ruth pfiffner and Peter Ross
have requested the vacating of a portion
of Blake Street !rom Kirkwood Street to
its southerly tenninus; and
Whereas, IIW Associates, P,C., Du-
buque, Iowa, has prepared and submitted
to the City Council a plat showIng the
vacated portion of Blake Street and
assigned Lot numbers thereof, which
hereinafter shall be known and described
as Lot 72A, 72B, and 72C of Wood's Ad.
dition in the City of Dubuque, Dubuque
County, Iowa; and
Whereaa, the City Council of the City
of Dubuque, Iowa haa determined that
this portion of Blake Street is no longer
required for public use, and vacating of
said portion of Blake Street known aa Lot
72A, 72B, and 72C of Wood's Addition in
the City of Dubuque, Dubuque County,
Iowa, should be approved,
Regular Session, November 19, 1990
581
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate describ.
ed as Lot 72A, 72B, and 72C of Wood's
Adclition in the City of Dubuque, Iowa,
be and the same is hereby vacated.
Paased, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
November, 1990,
Mary A. Davis
City Clerk
It 11/27
RESOLUTiON NO. 464-90
Whereas, pursuant to reaolution and
published notice of time and place of hear.
ing, published in the Telegraph Herald, a
newspaper of general circulation published
in the City of Dubuque, Iowa on 19th day
of October, 1990, the City Council of the
City of Dubuque, Iowa met on the 19th
day of November, 1990, at 7:30 p.rn. in the
Public Library Auditorium, 11th and
Locust, Dubuque, Dubuque County, Iowa
to consider the proposal for the sale of real
estate described as:
Lot 72A of Wood' a Addition in the
City of Dubuque, Iowa to Peter M,
and Sarah A. Ross, Lot 72B of
Wood's Adclition in the City of
Dubuque, Iowa to Loras College,
and Lot 72C of Wood's Addition in
the City of Dubuque, Iowa to Ruth
pfiffner; and
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written, to the proposal
to clispose of intereat of the City of Du.
buque, luwa in the hereinabove described
real estate to Peter M. and Sarah A. Rosa,
Loras College, and Ruth pfiffner,
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the disposal of the in.
terest of the City of Dubuque, Dubuque
County, Iowa in real property described
aa Lot 72A of Wood' a Addition in the City
of Dubuque, Iowa to Peter M. and Sarah
A. Rosa, Lot 72B of Wood's Adclition in
the City of Dubuque, Iowa to Loraa
College, and Lot 72C of Wood's Addition
in the City of Dubuque, Iowa to Ruth
Pfiffner be and the same is hereby ap-
proved for the sum of $1,140.00 plus cost
of publication, platting and filing fees; con-
veyance shall be by Quit Claim Deed.
Section 2. That tbe 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
grantees 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 Resolution
in the Office of the City Assessor, Du.
buque County Recorder and the Dubuque
County Treaaurer,
Passed, approved and adopted this 19th
day of November, 1990,
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow.
ing vote: Yeaa-Mayor Brady, Council
Members D..ch, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Petition of Dubuque Racing Associa.
tion, Ltd. requeating Council's approval
to expend an amount not to exceed
$35,000.00 to renovate the maln entrance
and souverdr shop at Dubuque Grey.
hound Park, presented and read. Council
Member Krieg moved that the petition be
received and filed and approved request.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Krieg, Nicholson, Pratt. Nays-None,
Absent-Council Members Kluesner,
Voetberg.
Communication of City Manager recom-
mencling approval of Duhuque Racing
Aasociation'a request, presented and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeaa-
Mayor Brady, Council Membera Deich,
Krieg, Nicholson, Pratt. Nays-None.
Absent-Council Members Kluesner,
Voetberg.
An Ordinance Amending the Code of
Ordinances by modifying subsection (b) of
582
Regular Session, November 19, 1990
Section 32.214 thereof providing for the
addition of Stop Signs at the intersections
of Adrana Street and Fifth Street, Adrana
Street and Fourth Street, Fourth Street
and Sixth Street, and Third Street Exten.
sion and Ball Street, said Ordinance hav-
ing been presented and read at the Coun.
cil Meetings of October 15th. and No-
vember 5th, presented for final action,
Council Member Deich moved that this
be considered the third reading of the Qr.
dinance and that it be final adopted.
Seconded by Council Member Pratt. Car.
ried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Krieg,
Nicholson, Pratt. Nays-None. Absent-
Council Members Klueaner, Voetberg.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 90-90
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 AT THE INTERSEC.
TIONS OF ADAMS STREET
AND FIFTH STREET, ADAMS
STREET AND FOURTH
STREET, FOURTH STREET
AND SIXTH STREET, AND
THIRD STREET EXTENSION
AND BELL STREET.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thet the Code of Ordinances
of the City of Dubuque, Iowa be amend.
ed by adding the following intersections
to Subsection (b) of Section 32.214 thereof
as follows:
"See. 32.214. Stop Intersections.
(b)
NORTHBOUND
Adama Street and Fifth Street.
SOUTHBOUND
Adama Street and Fourth Street,
EASTBOUND
Third Street Extension and Bell Street.
EASTBOUND AND WESTBOUND
Fourth Street and Sixth Street."
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Tekgraph
Herald newspaper thia 27th day of
November, 1990,
Mary A. Davis
City Clerk It 11/27
An ORDINANCE Amending Code of
Ordinancea by modifying subsection (b) of
Section 32-214 thereof providing for the
removal of the Stop Sigu for Northbound
vehicles on Radford Road at Chavenalle
Road, said Ordinance having been given
the first reading at the meeting of
November 5th, presented for further ac.
tion. Council Member Krieg moved that
this be considered the second reading of
the Ordinance. Seconded by Council
Member Pratt, Carried by the following
vote: Yeas-Mayor Brady, Council Mem.
bers D..ch, Krieg, Nicholson, Pratt.
N ays- N one. Absent-Council Membera
Kluesner, Voetberg,
An ORDINANCE Amending Code of
Ordinances by revising Section 32.336
thereof providing for the change in
deaignstion of the Meter District !rom
Ten Hour Meters to One Hour Meters on
the South side of Sixth Street, said
Ordinance having been given the firat
reading only on November 5th, presented
for further actiOIL Council Member Krieg
moved that this be considered the second
reading of the Ordinance. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Dffich, Krieg, Nicholson,
Pratt, Nays-None. Absent-Council
Members Klueaner, Voetberg.
Commurdcation of City Manager re-
aponding to request for installation of
"stop sign" at intersection of Foye and
Lowell Streets and recommending place.
ment of said aigns, presented and read,
Council Member Pratt moved that the
commurdcation be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Membera Deich,
Krieg, Nicholson, Pratt, Nays-None,
Absent-Council Members Kluesner,
Voetberg.
An ORDINANCE Amending Code of
Ordinancea by modifying subsection (b) of
Section 32-214 providing for the installa.
tion of atop signs at the intersection of
Lowell and Foye Streeta, presented and
ReÐular Session, November 19, 1990
583
read, Council Member Pratt moved that
this be considered the first reading of the
Ordinance. Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeas-Mayor Brady, Council Membera
Deich, Krieg, Nicholson, Pratt. Nays-
None. Absent-Council Members Klues-
ner, Voetberg.
An ORDINANCE Amending Code of
Ordinancea by enacting a new Section
5-7,6 prohibiting minors from certain
premises where alcoholic liquor, wIne or
beer is sold or dispensed and providing
that permittees or licensees shall not allow
minors on such premises, said Ordinance
having been presented and read at the
Council Meeting of November 5th, pre-
sented for further action. Council Member
Pratt moved that this be considered the
second reading of the Ordinance and that
the public hearing be scheduled for
December 17, 1990 at 7:30 p.m. in the
Public Library Auditorium and that the
City Clerk publiah notice in the manner
prescribed by law, Seconded by Council
Member Deich. Carried by the followIng
vote: Yeas-Mayor Brady, Council Mem.
bers Deich, Krieg, Nicholson, Pratt.
Naya-None, Absent-Council Members
Kluesner. Voetberg.
An ORDINANCE Amending Code of
Ordinances by reclassifying property
located at 1724 Lincoln Avenue !rom
R-2A Alternate Two-Fsmily Residential
District to R.4 Multi.Fsmily Residential
District wIth conditions, aaid Ordinance
having been presented and read at the
Council Meeting of November 5th, pre-
sented for further action. Council Member
Pratt moved that this be considered the
second reading of the Ordinance and that
the public hearing be scheduled for
December 17, 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 Deich. Carried by the followIng
vote: Yeas-Mayor Brady, Council Mem.
bers Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Council Member Pratt moved to nomi.
nate Council Member Katie Krieg to fill
the vacancy held by Jim Heckmann to the
Greater Dubuque Development Corpora.
tion (G.D.D,C.).
RESOLUTiON NO. 465-90
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 Du-
buque, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers wIthin
said City.
Femando'a, Fernando's Mexican
Restaurant Corp. (My.Cap)
660 Iowa Street
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
RESOLUTION NO. 466-90
WHEREAS, Applications for Beer Pel'
mita have been submitted and filed to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by auch applicanta were inspected
and found to comply wIth the Ordinances
of this City and have filed proper bonds;
NOW, THEREFORE. BE 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
CLASS "C" BEER PERMIT
TFM Co" Oky Doky #6
1256 Iowa Street (Sunday Sales)
CLASS "E" BEER PERMIT
Rainbo Oil Company, KWIK Stop Food
Mart, 2297 University, (Sunday Sales)
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Dffich moved adoption
of the Resolution. Seconded by Council
Member Nicholson, Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Members Dffich, Krieg, Nicholson, Pratt.
Nays-None, Absent-Council Members
Kluesner, Voetberg.
---
RESOLUTION NO. 467.90
Re_9ular Session, November 19, 1990
Regular Session, November 19, 1990
585
584
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the aame have
been examined and approved; and
Whereas, the premises to be occupied
by such applicanta were inspected and
found to comply wIth the State Law and
all City Ordinancea relevant thereto and
they 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 ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Myra K. Woodman, Aragon Tap
1103 Iowa Street, (Sunday Sales)
P..sed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member D..ch moved edoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
N ays- None. Absent-Council Members
Kluesner, Voetberg.
MINUTES SUBMITTED-Handi.
capped Parking Review Committee of
10-23: Historic Preaervation Commission
of 10-24: Long Range Planning Comm. of
9-19: Library Board of Trustees of 10.25;
Park & Recreation Commission of 10-23;
Keyline'a Comparative Earnings State-
ment and Statistics for 1at quarter of FY
'91; Housing Commiasion of 10-9, pre-
sented and read. Council Member Deich
moved that the minutes be recffived and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
D..ch, Krieg, Nicholson, Pratt. Naya-
None, Absent-Council Members Kluea.
ner, Voetberg.
NOTICES OF CLAIMS/SUlTS-
Laura J. Chapman, in amount of
$10,000,00 for violation of her civil rights;
Theodore Gifford in unknown amount for
vehicle deanages; Kim Mangers in un-
known amount for car deanagea; Kenneth
Milia in unknown amount for personal in.
juries; Brian Shaw in unknown amount
for car damages: Albert Weber in amount
of $150.00 for personal injuries; Gayle A.
Schmitt in amount of $36.75 for towIng
coats; Jeane Vander Berg in amount of
$129.04 for car deanages, presented and
read. Council Member D..ch moved that
the clalma and suits be referred to Legal
Staff for investigation and report. Second.
ed by Council Member Nicholson. Carried
by the following vote: Ye..-Mayor
Brady, Council Members D..ch, Krieg,
Nicholson, Pratt. Nays-None. Absent-
Council Membera Kluesner, Voetberg.
Iowa, presented and read, Council Mem-
ber D..ch moved that the communication
be received and filed. Seconded by Coun.
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Krieg, Nicholson,
Pratt. Nays-None. Absent-Council
Members Kluesner, Voetberg.
RESOLUTION NO, 486-90
ACCEPTING IMPROVEMENT
Whereas, the contract for the Alley
Reconstruction between Main and Iowa
Street, !rom 3rd to 4th Street; and Resur-
facing of the City Parking Lot at 3rd and
Iowa Streets has been completed and the
City Manager has examined the work and
filed his certificate stating that the aame
has been completed according to the
terms of the contract, plans and specifica.
tions and recommends it acceptance.
Proof of Publication, certified to by the
Publisher, on List of Clalma for month of
Septembr, 1990, presented and read.
Council Member Deich moved that the
proof be received and filed, Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members D..ch, Krieg, Nicholson,
Pratt, Nays-None. Abaent-Council
Members Kluesner, Voetberg.
Communication of HUD advising the
exception of the conflict of interest pro-
visions by City Planner Sara Daines ia
granted, presented and read. Council
Member Dffich moved that the communi.
cation be received and filed. Second.ed by
Council Member Nichoison, Carried by the
following vote: Yeas-Mayor Brady,
Council Membera Deich, Krieg, Nicholson,
Pratt. Nays-None. Absent-Council
Members Kluesner, Voetberg,
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that
said hnprovement be and the same is
hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor !rom
General Obligation Bonds and the Park.
ing Fund. in amount equal to the amount
of hia contract, less any retained percen.
tage provided for therein.
Petition of John Helling requesting for
placement of a stop sign on Davis Street
at the Davis and Sheridan intersections,
presented and read. Council Member
Deich moved that the petition be referred
to the City Manager. Seconded by Coun-
cil Member Nicholson. Carried by the
followIng vote: Yeas-Mayor Brady,
Council Members Dffich, Krieg, Nicholson,
Pratt, Nays-None. Absent-Council
Members Kluesner, Voetberg.
Communication of City Manager sub-
mitting quarterly investment report
preacribed wIthin the "Statement of In.
veatment Policy" for the City of Dubuque,
presented and read. Council Member
D..ch moved that the communication be
recffived and filed. Seconded by Council
Member Nicholson, Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Membera Deich, Krieg, Nicholson, Pratt.
Naya-None. Absent-Council Members
Kluesner, Voetberg,
P..sed, approved and adopled this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Reaolution, Seconded by Council
Member Nicholson. Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt,
Nays-None, Absent-Council Members
Kluesner, Voetberg.
RESOLUTiON NO. 469.90
FINAL ESTIMATE
Communication of City Manager recom.
mending accepting of Alley Reconstruc.
tion between Main and Iowa Streeta and
resurfacing of City Parking Lot at 3rd and
Where.., the contract for the Alley
Reconstruction between Main and Iowa
Street, !rom 3rd to 4th Street; and Resur.
facing of the City Parking Lot at 3rd and
Iowa Streets has been completed and the
City Engineer has aubmitted his final
esthnate showing the cost thereof in-
cluding the cost of esthnates, notices and
inapection and alI miscallaneous costs;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thet the cost of said im-
provement is hereby determined to be
$42,109.34 and the said amount shalI be
paid from General Obligation Bonds and
the Parking Fund of the City of Dubuque,
Iowa.
p"sed' approved and adopled this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Dejch moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the foilow.
ing vote: Ye..-Mayor Brady, Council
Members D..ch, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Communicatwn of CEBA Program
Manager advising of auccessful comple-
tion of the Carlisle Communications
CEBA project, presented and read. Coun.
cil Member D..ch 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, Krieg,
Nicholaon, Pratt. Nays-None. Absent-
Council Members Kluesner, Voetberg.
Communication of Zoning Commission
advising of the approval of final plat of
Forest Grange Subdivision (correction to
allow for moving of 2 lot lines), presented
and read. Council Member Deich moved
that the communication be received and
filed, Seconded by Council Member
Nicholson. Carried by the followIng vote:
Yeas-Mayor Brady, Council Members
Deich, Krieg, Nicholson, Pratt. Nays-
None. Absent-Council Members Klues.
ner, Voetberg.
#1fI'
RESOLUTiON NO. 470-90
A RESOLUTION APPROVING
THE FINAL PLAT OF FOREST
GRANGE SUBDIVISION IN
DUBUQUE COUNTY, IOWA.
Where.., there has been filed wIth the
City Clerk a final plat of Forest Grange
586
Regular Session, November 19, 1990
Regular Session, November 19, 1991
587
Subdivision in Dubuque County, Iowa;
and
Whereas, upon aaid final plat appears
streets to be known aa Rustic Foreat
Trail and Forest Meadow, together wIth
certain public utility easements which the
owners, by said plat, have dedicated ro the
public forever; and
Whereas, said final plat haa been ex.
amined by the City Zoning Commission
and had ita approval endorsed thereon;
and
Whereas, said final plat has been ex-
amined by the City Council and they find
that the same conforma to the statutes
and ordinances relating thereto, except
that drive grades have not been estab.
lished, the driveway brought to grade or
paving installed.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the easement for public
utilities aa the same appear upon saId plat
be and the same ia hereby approved.
Section 2. That the final plat of Forest
Grange Subdivision in Dubuque County
be and the same ia hereby approved and
the Mayor and City Clerk are hereby
authorised and directed to endorse the ap-
proval of the City of Dubuque, Iowa upon
said final plat, provided the ownera of said
property herffin named execute thffir writ.
ten acceptance hereto attached agreeing:
a. To reduce all atreets to grade and
to hard.surface the streeta of Forest
Grange Subdivision wIth bituminous
concrete, or wIth concrete paving, all
in accordance wIth approved plans on
file in the Office of the City Engineer,
City of Dubuque, Iowa;
b. To provide the foregoing con.
struction and maintenance of all aaid
improvements at the sole expense of
the owner, Lime Rock Springs Co.,
John J. Gantz, Sr. and James P.
Gantz, or thffir successors as assigned;
and
c. To construct all said hnprove-
ments wIthin two years !rom the date
of adoption of this resolution by the
City of Dubuque, Iowa.
Sectioo 3. That the aforesaid Lime Rock
Springs Co., John J. Gantz, Sr. and James
P. Gantz, as ownera, ahall self.secure the
foregoing conditions by providing security
in such form and wIth such surety that
may be approved by the City Manager of
the City of Dubuque, Iowa.
"" -
Section 4. That in the event Lhne Rock
Springs Co.. John J, Gantz, Sr. and James
P. Gantz, shall fall to execute the accep.
tance and furnish the security provided
for in Section 3 hereof wIthin 180 days
after the date of the Resolution, the pro-
visions hereof ahall be null and void and
the acceptance of the dedication and ap.
proval of the plat shall not be effective.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Whereas, said final plat has been ex-
amined by the City Council and they find
that the same conforms to the statutes
and ordinances relating to it.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of the Sub-
division of Lot I of the Subdivision of Lot
1 of Block 28 Dubuque Harbor Company
Addition, and Lot 2 of Block 28 Dubuque
Harbor Company Addition, and the abut.
ting alley, all in the City of Dubuque is
hereby approved and the Mayor and City
Clerk are hereby authorized and directed
to endorse the approval of the City of
Dubuque, Iowa upon said final plat,
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeaa-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Passed, approved and adopted this 19th
day of November. 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Communication of Zoning Commiasion
advising of thffir approval of final plat of
Subdivision of Lot 2 and Lot 1 of the Sub-
division of Lot 1 of Block 28 of Dubuque
Harbor Company Addition located be-
tween Salina Street, South Main Street
and Rallroad Avenue, presented and read-
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Nichoison.
Carried by the following vote: Yeas-
Mayor Brady, Council Members D..ch,
Krieg, Nicholaon, Pratt, Naya-None.
Abaent-Council Members Klueaner,
Voetberg,
Communication of Zoning Commission
advising of their approval of final plat of
the Subdivision of City Lot 404 located
between 6th Street, 7th Street, and
Jackson Street, presented and read, Coun.
cil Member Deich 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, Krieg,
Nicholson, Pratt. Nays-None. Absent-
Council Members Kluesner, Voetberg.
RESOLUTION NO. 471-90
A RESOLUTION APPROVING
THE SUBDIVISION OF LOT 1
OF THE SUBDIVISION OF LOT
1 OF BLOCK 28 OF DUBUQUE
HARBOR COMPANY ADDI.
TION, LOT 2 OF BLOCK 28 OF
DUBUQUE HARBOR COM-
PANY ADDITION, AND THE
ABUTTING ALLEY, ALL IN
THE CITY OF DUBUQUE.
RESOLUTION NO, 472-90
A RESOLUTION APPROVING
THE SUBDIVISION OF CITY
LOT 404 (ORIGINAL TOWN) IN
THE CITY OF DUBUQUE.
Whereas, there has been filed wIth the
City Clerk a final plat of the Subdivision
of City Lot 404 (Original Town) in the City
of Dubuque, Iowa; and
Whereas, said final plat has been ex.
amined by the City Zoning Commission
and had its approval endorsed thereon;
and
Whereas, there has been filed with the
City Clerk a final plat of the Subdivision
of Lot 1 of the Subdivision of Lot 1 of
Dubuque Harbor Company Addition, and
Lot 2 of Dubuque Harbor Company Ad.
dition, and the abutting alley, all in the
City of Dubuque, Iowa; and
Whereas, said final plat haa 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 they find
that the aame conforms to the statutes
and ordinances relating to it.
NOW, THEREFORE, BE fT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of the Sub.
division of City Lot 404 (Original Town)
in the City of Dubuque is hereby approved
and the Mayor and City Clerk are hereby
authorised and directed to endorse the ap-
proval of the City of Dubuque, Iowa upon
said final plat.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member D..ch moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Communication of Zoning Commission
advising of their approval of final plat for
Lot I of Lot 1 of Stecher Place located be-
tween Asbury Road, Kennedy Road and
Paaadena Court, presented and read.
Council Member Deich moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the followIng vote: Yeas-
Mayor Brady, Council Members Deich,
Krieg, Nicholson, Pratt, Nays-None.
Absent-Council Members Kluesner,
Voetberg.
RESOLUTiON NO. 473.90
A RESOLUTION APPROVING
THE FINAL PLAT OF THE
SUBDIVISION OF LOT 1 OF 1
OF STECHER PLACE IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the
City Clerk a final plat of the subdivision
of Lot 1 of 1 of Stecher Place wIthin the
City of Dubuque, Iowa; and
Whereaa, said final plat has been ex-
amined by the City Zoning Commission
and they find that it conforms to the
statutes and ordinances relating to it ex-
cept that:
a. The plat creates two lots, neither
of which has any frontage on any
public right.of-way, which is contrary
588
Regular Session, November 19, 1990
to the requirements of Section 42.96
of the Dubuque Subdivision Or.
dinance.
b. By creating lots wIth 00 Irontage,
the plat leads to diaorderly growth in
the City which is not in keeping wIth
Section 42-48 of tbe Subdivision
Ordinance.
c. By creating lots wIth 00 Irontage,
the plat is contrary to Section 3-4,lW
of the Zoning Ordinance, and Section
42-48 of the Subdivision Ordinance.
Whereas, in an attempt to bring the
aubdivision into as much conformance
with the Subdivision Ordinance as possi.
ble wIthout creating excessive hardship on
the subdivider, and said final plat has
been approved by the Zoning Counniasion
on the conditiona that:
.. Both Lot 1 of 1 of Stecher Place
and Lot 2 of 1 of I of Stecher Place
must be combined wftb an adjoining
lot wIth adequate !rontage to meet the
requirements of both the Subdivision
and Zoning Ordinance wIth 18 months
of the approval of the plat; or
b. Through dedication of public
right-of.way the lot be made to meet
the lot !rontage requirements of both
the Subdivision and Zoning Ordi.
nances wIthin 18 montha of the ap-
proval of the plat; and
Whereas, said final plat has been ex.
amined by the City Council and they con.
cur wIth the Zoning Commission wIth
regard to the plata conformance to
atatutea and ordinances; and
Whereas, the City Council concura in
the conditions of the approval est:ablished
by the Zoning Commission.
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 aame ia hereby approved
and the Mayor and City Qerk be and are
bareby authorized and directed to eodorse
the approval of the City of Dubuque, Iowa
upon said final plat provided that the
owner of said property ahall execute a
written acceptance hereto attached
acknowledging and agreeing:
a. Both Lot 1 of 1 of 1 of Stecher
Place and Lot 2 of 1 of 1 of Stecher
Place must be combined wIth an ad.
joining lot wIth adequate !rontage to
meet the requirementa of both the
Subdivimon and Zoning Ordinances
wIthin 18 months of the approval of
the plat; or
b. That through dedication of public
right-of.way the lot be made to meet
the lot !rontage requirements of both
the Subdivimon and Zoning Ordinance
within 18 months of the approval of
the plat.
Section 2. That in the event the owner
fails to execute the acceptance provided
for in Section 1 herffin wIthin 45 days altar
the date of this resolution the provisiona
herein shall be null and void and the ap-
proval of the plat shall not be effective.
Paeaed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO, 473-90
We, the underaigned, Vic and Lou Ann
Stecher and Arlette Frederick, Co-
Executors of the Anselma M. Meyer
Eatate, having read the terms and condi-
tions of the Resolution No, 473.90 and be-
ing familiar wIth the conditions thereof,
hereby accept this same and agree to the
conditions required ther..n,
Dated in Dubuque, Iowa thia 18th day
of November, 1990,
By aNic Stecher
By a/Lou Ann Stecber
Anselma M. Meyer Estate
By a/Lou Ann Stecher, Co-Executor
By a/Arlette Frederick, Co-Executor
Council Member Dffich moved adoption
of the Resolution, Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members D..ch, Krieg, Nicholaon, Pratt.
Nays-None, Absent-Council Members
Kluesner, Voetberg.
Communication of Zoning Commission
advising of th..r approval of final plat of
South Gate Center located at the South-
east Comer of the intersection of High.
ways 61/151 and 52/67, presented and
read. Council Member Dffich moved that
the communication be received and filed.
Seconded by Council Member Nicbolson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members D..ch,
Krieg, Nicholson, Pratt. Naya-None.
Absent-Council Members Kluesner,
Voetberg.
RESOLUTION NO. 474-90
A RESOLUTION APPROVING
Regular Session, November 19, 1990
THE FINAL PLAT OF SOUTH
GATE CENTER IN THE CITY
OF DUBUQUE.
Whereas, there hss been filed wIth the
City Clerk a final plat of South Gate
Center in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears
certain public utility easements which the
owner, by said plat, has dedicated to the
public forever; and
Whereas, upon said final plat appears
certain private atreets to be owned by, and
maintained to city standards at the sole
expense of, the owner, Dubuque South
Gate Development Corporation and
Daniel Mueller or his successors as as-
signed; 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 they find
that the same conforms to the statutes
and ordinances relating thereto, except
that the drive grades have not all been
establisbed, not all driveways have been
brought to grade and not all of the pav.
ing installed.
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the easements for public
utilities as they appear upon aaid plat are
hereby approved.
Section 2. That the Final Plat of South
Gate Center in the City of Dubuque is
hereby approved and the Mayor and City
Clerk are hereby authorized and directed
to endorse the approval of the City of
Dubuque, Iowa upon said final plat, pro-
vided tbe owners of said property herein
named execute their written acceptance
hereto attached agreeing:
a. To reduce all streets to grade and
to hard-surface the streets of South
Gate Center wIth bitundnous concrete,
or wIth concrete paving, all in accor-
dance wIth approved plans on file in
the office of the City Engineer, City of
Dubuque, Iowa; and
b. To provide the foregoing con.
struction and maIntenance of all said
improvements at the sole expense of
the owner, Dubuque South Gate
Development Corporation, and Daniel
Mueller or his succeaaors as assigned;
and
589
c. To construct all said improve-
ments wIthin two years !rom the date
of adoption of this resolution by the
City of Dubuque, Iowa; and
d, That all hnprovements to said
property conform to th. conceptual
development plan of the South Gate
PC Planned Commercial District or its
amendments as approved by the
Dubuque City Council, Resolution
49-90.
Section 3. That the aforesaid Dubuque
South Gate Development Corporation and
Daniel Mueller as owner, shall self-secure
the foregoing conditions by providing
security in such form and with such
surety that may be approved by the City
Manager of the City of Dubuque, Iowa.
Section 4. That in the event Dubuque
South Gate Development Corporation and
Daniel Mueller shall fail to execute the ac.
ceptance and furnish the security provided
for in Section 3 hereof wIthin 45 days altar
the date of the Resolution, the provisions
hereof shall be null and void and the ac.
ceptance of tbe dedication and approval
of the plat shall not be effective.
Passed, approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 474.90
We, the undersigned, Raymond and
Daniel Mueller, South Gate Development,
Corp" having read the terms and condi-
tions of the Resolution No. 474.90 and be-
ing familiar wIth the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 27th day
of December, 1990.
By a/Raymond Mualler
By a/Daniel J. Mueller
The undersigned hereby certifies that
the neceasary security regarding the
above Resolution has been received.
Dated this 3rd day of January, 1991.
s/W. Kenneth Gearhart, City Manager
Council Member Dffich moved adoption
of the Resolution, Seconded by Council
Member Nicholson. Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
590
Regular Session, November 19, 1990
Membera D..ch, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Communication of Zoning Commission
advising of their approval of final plat of
Lot 1 of Lot 3 of Key Gate Center located
at the Southeaat comer of tbe intersection
of Highways 61/151 and 52/67, presented
and read. Council Member Deich moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the followIng vote:
Ye..-Mayor Brady, Council Members
Deich, Krieg, Nicholaon, Pratt. Nays-
None. Absent-Council Members Klues.
ner, Voetberg.
RESOLUTION NO. 475-90
A RESOLUTION APPROVING
THE FINAL PLAT LOT 1 OF
LOT 3 OF KEY GATE CENTER
IN THE CITY OF DUBUQUE.
Whereas, there has been filed wIth the
City Clerk a final plat of Lot 1 of Lot 3
of Gate Center, in the City of Dubuque,
Iowa; and
Whereas, said final plat has been ex.
amined by the City Zoning Commiasion
and had its approval endorsed thereon;
and
Whereas, said final plat has been ex-
amined by the City Council and they find
that the same conforma to the atatutea
and ordinances relating to it.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Final Plat of Lot 1
of Lot 3 of Key Gate Center in the City
of Dubuque ia hereby approved.
P..sed, approved and adopted this 19th
day of November, 1990,
James E, Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Nicholson, Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholaon, Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Communcation of City Manager re-
questing authorization to publish En.
vironmental Review Finds for projects to
be undertaken wIth Community Develop-
ment Block Grant Funds, presented and
read. Council Members Deich moved that
the communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the followIng vote: Yeas-
Mayor Brady, Council Members D..ch,
Krieg, Nicholson, Pratt. Nays-None,
Absent-Council Members Kluesner,
Voetberg.
RESOLUTION NO. 476-90
A RESOLUTION AUTHORIZ-
ING PUBLICATION OF NO-
TICE OF ENVIRONMENTAL
REVIEW FINDINGS FOR CER-
TAIN COMMUNITY DEVELOP-
MENT BLOCK GRANT PRO-
JECTS.
Whereas, the City of Dubuque is pro'
posing to enter into a Grant Agreement
for the calendar year commencing
January 1, 1991, with the U.S, Depart-
ment of Housing and Urban Develop-
ment, providing for financial..sistance to
the City under Title I of the Housing and
Community Development Act of 1974,"
amended; and
Where.., pursuant to the rules and
regulations as promulgated by the U.S,
Department of Housing and Urban De-
velopment, an environmental review has
been processed for the hereinafter de-
scribed projects to be financed wIth Com.
munity Development Block Grant funds;
and
Whereaa, an ad hoc Environmental
Review Committee h.. after due con-
sideration made a determination that the
projects are not a major federal actio~
significantly affecting the quality of the
human environment.
NOW, THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Cierk be and
ahe la hereby authorized and directed to
publish a Notice of Finding of No Signifi.
cant Effect on the Environment for the
following identified projects, and to make
the Environmental Review Record for
said projects avallable for public inspec.
tion. Such notice shall be in the form of
Exhibit" A" attached hereto and made a
part hereof:
Housing Rehabilitation
. Rehab Loan Program
. Rental Rehab Program
Acquisition, Relocation,
Demolition
Code Enforcement
Regular Session, November 19, 1990
591
Economic Development Activities
CommercialJIndustrial Loan
Program
Public Service Activities
. Information and Referral
. Community Partnership
Program
. Washington Neighborhood
Tool Library
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of December 3,
1990, authorizing the submission of a reo
quest to the U.S. Department of Housing
and Community Development to under-
take the projects.
P..sed. approved and adopted this 19th
day of November, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson, Pratt.
Nays-None. Absent-Council Membera
Kluesner, Voetberg.
Communication of City Manager re-
questing approval to submit a Program
Statement of Intent for Calendar Year
1991 for use of Community Development
Block Grant Funds, presented and read,
Council Member D..ch moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the followIng vote: Ye..-
Mayor Brady, Council Members D..ch,
Krieg, Nicholson, Pratt. Nays-None.
Absent-Council Members Kluesner,
Voetberg,
RESOLUTION NO. 477.90
A RESOLUTION AUTHORIZ-
INGTHE FILING OF A STATE-
MENT OF INTENT FOR A
COMMUNITY DEVELOPMENT
BLOCK GRANT FOR THE CITY
OF DUBUQUE.
Where.., the City of Dubuque is enti.
tled to participate in the Community
Development Block Grant Program
authorised under the provisions of Title
I of the Housing and Community Devel.
opment Act of 1974, as amended; and
Whereas, the City of Dubuque h.. been
declared eligible for funding in the
approximate amount of $900,000 for the
Calendar Year commencing January 1,
1991; and
Whereas, the Community Development
Block Grant Proposed Statement of In-
tent h.. been developed so .. to give max-
imum fe..ible priority to activities which
will benefit low and moderate income per-
sons and aid in the prevention or elimina-
tion of alum and blight; and
Whereas, the City of Dubuque has pro-
vided the citizens of the community wIth
opportunities to provide input and com-
ment on the Statement of Intent.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the filing of a Proposed
Statement of Intent for participation in
the Community Development Block
Grant Program is hereby approved, and
the Mayor of the City of Dubuque is
hereby authorised and directed to execute
the necessary documentation on hehalf of
the City of Dubuque.
Section 2. That the City Manager is
hereby authorised and directed to suhmit.
in the required number of copies, the Pro-
posed Statement of Intent to the U.S.
Department of Housing and Urban
Development and other appropriate agen.
cies together wIth such other documents
.. may be required.
P..sed, approved and adopted this 19th
day of November. 1990.
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow.
ing vote: Yeas-Mayor Brady, Council
Members Deich, Krieg, Nicholson. Pratt.
Nays-None. Absent-Council Members
Kluesner, Voetberg.
Communications of Corporation Coun-
sel advising of referring foilowfng claims
to Alexsis, Inc" the agent for the Iowa
Community Assurance Pool: Car damage
claim of Tim Connolly; Car damage claim
of Mildred Falrfield; Car damage claim of
Donald Kobl and Personal injury claim of
LeMars Mutual Insurance Company for
thffir insured, Arlene Quinlan, presented
and read. Council Member Deich moved
that the communications be received and
filed and diapositions approved. Second.
ed by Council Member Nicholson. Carried
592
Regular Sells,io.." November 19, 1990
-"'!!!'If':
Special Emergency Meeting, December 4, 1990
RESOLUTION NO. 478-90
593
by the following vote: Yeas-Mayor
Brady, Council Membera Deich, Krieg,
Nicholson, Pratt. Nays-None. Absent-
Council Members Kluesner, Voetberg,
There being no further busineas, Coun.
cil Member Deich moved to adjourn the
meeting. Seconded by Council Member
Pratt. Carried by the following vote:
Yeaa-Mayor Brady, Council Membera
Deich, Krieg, Nicholson, Pratt. Naya-
None. Absent-Council Members Klues-
ner, Voetberg. Meeting adjourned at 11:01
p.m.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Emergency Meeting, City Coun-
cil, December 4, 1990 at City Hall.
Meeting waa held by electronic means
(City Clerk called each Council Member).
Present: Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Pratt,
Voetberg. Absent: Council Member
Nicholson.
Due to emergency reasons (snow and
blizzard conditions) the meeting for
December 3, 1990 was canceled. This is
an Emergency Meeting called for the pur.
pose to reschedule public hearings that
were scheduled for December 3, 1990, and
in order to meet publication deadlines was
called on an emergency baais in accor-
dance wIth Chapter 21.4 121 of the 1989
Code of Iowa (as amended). Ail other agen-
da items were referred to the meeting of
December 17th.INews media waa notified
between 8:22 am. and 8:27 a.m. on 12.. -90.
Council Members
At~A. , (,).
/.~~~
. !itYCl';"k
Approval to reschedule Public Hearing
to conaider an Ordinance to adopt a Con-
ceptual Development Plan for the Terrace
Heights PR District on Peru Road; Ap.
proval to reschedule Public Hearing to
consider an Ordinance providing that the
method of calculating the area of On-
Premise Signages Signs be altered: Ap-
proval to reschedule Public hearing to con.
sider an Ordinance providing that the City
Council shall not give final approval to
any reclasaification request for property
in the U.S. 20 Corridor for a period of 45
days !rom the date of the receipt of any
recommendation of the Zoning Commis-
sion on such reclaasification, presented
and read.
Council Member Kluesner moved to ap.
prove the rescheduling to December 17,
1990 at 7:30 p.m. and all other Agenda
Items be deferred to the meeting of
December 17, 1990. Seconded by Council
Member Krieg. Carried by the followIng
vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Pratt,
Voetberg. Nays-None. Absent-Council
Member Nicholson.
,"". ;.
Whereaa, applications for Liquor
Licenses have been submitted to thia
Council for approval and the same have
been examined and approved; and
Whereas, the premises to be occupied
by sucb applicants were inspected and
found to comply wIth the State Law and
all City Ordinancea relevant thereto and
they bave 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 iasued the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Dorma Roling & Gary Pfeiler,
Donna's Dip Tap, 1689 Elm Street
Paased, approved and adopted this 4th
day of December, 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 Krieg. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Pratt,
Voetberg. Nays-None. Absent-Council
Member Nicholson,
There being no further business, Coun.
cil Member Kluesner moved to adjourn
the meeting. Seconded by Council Mem-
ber Voetberg. Carried by the followIng
vote: Yeas-Mayor Brady, Council Mem.
bers Deich, Krieg, Kluesner, Pratt,
Voetberg. Nays-None, Absent-Council
Member Nicholson,
Mary A. Davis
City Clerk
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