1994 March Council ProceedingsDUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, klatch 7, 1994
Council Met at 7 30 p m Public Library
Audatonum
Present Mayor Duggan, Council klembess
Kluemer, Krieg, Nagle NicholLon, Robbins,
Voetbeig, City Manager Michael C Van
hhllhgen, Corporation Coumel Barry A
Lindahl
Mayor Duggan read the call and Ltated thn
IL the Regular Session of the City Council
called fot the purpose to act upon Luch
business vihsch may properly come before the
Council
Invocation vas given by Si Rosalyn Ulferi,
PEV'ML Chaplain at Mercy Medical Center
PROCLAMIATIONS -- Promoting "Random
Act of Kindness" program m Tn -State Area
received by Tina Trauich of KWWL, Month
of March ai 'Piofenonal Social Work Month"
received by Mark Fageilund
There +as an introduction of delegates from
our Si ter City, Handan, China
Council Member Nagle moved to Luipend
the rules to allow anyone present to address
the Council if they no dente Seconded by
Council Member Robbins Canned by the
following vote Yeas —Mayor Duggan, Council
Members Klueiner, Krieg, Nagle NicholLon,
Robbins, Voetbeig NayL —None
Proof of Publication certified to by the
Publisher on Notice of Public Heating on
proposed voluntary annexation fot area located
near Northv e t Arterial, communcation of
Dubuque County Board of Superviioss
Lupporting annexation, and communcation of
City Manager recommending approval of
annexation, presented and read There +as no
vrotten objections received and no oral
objectors present at the time of the Heating
Council Member Klueiner moved that the
proof and communcationL be received and
filed Seconded by Council Member
NicholLon Canned by the following vote
Yeas —Mayor Duggan, Council Membess
Klueiner, Krieg, Nagle NicholLon, Robbins,
Voetbeig Nays —None
RESOLUTION NO. 6 " -94
Reaular Session. March 7. 1994 62
A RESOLUTION RESCINDING
RESOLUTION NO. 6 " -94 AND
-ANNEXING Ll- Ll -L1 -E1 2 -SE1 4 OF
THE NE1 4 -SE1 4 -SEC. 1 "- T89N -R:E
AND L2- L1- L1- L1 -L1 -L2 OF THEODORE
KONZEN PLACE, DUBUQUE
TO\ \NSHIP. DUBUQUE COUNTY,
IOWA.
VAhereas, the City of Dubuque, as over of
appioxmately 2 7 acres of Northwest Arterial
tight-of-way lying immediately adjacent to the
City of Dubuque, Ion +a, has voluntarily
petitioned fot annexation of said tenntory to
the City of Dubuque, and
VAhereas, Chapter 368 of the Code of Ion +a
authorizes the extension of City lnut m
situations of thn character by the adoption of
a resolution, and
VAhereas, the future growth and
development of the City of Dubuque, Ion +a,
make it clearable that Laid temtory be made
part of the City of Dubuque, Ion +a
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That Resolution No 67.94 i
heteby rescinded
Section 2 That the tenrtonal brut of the
City of Dubuque, Ion +a, be and they are heteby
extended to include the area compnimg the
following described teal estate to wit
Li-Li-Li-El 2-SE1 4 of the NE1 4-SE1 4-
SEC 17- T89N -R2E and L_ -L 1 -L 1- Ll -L1-
L2 of Theodore Konen Place, Dubuque
Tov nihsp, Dubuque County, Ion +a
Section 3 That the temtory heteby
annexed Lhall become a part of the Second
Ward, Seventh and Eleventh Precinct of the
City of Dubuque, Ion +a
Section 4 That the City Clerk be and Lhe
rs
heteby authorized and directed to Lubmst a
certified copy of thn resolution along with the
attached maps and other necessary document
to the City Development Board m accordance
with provisions of Chapter 368 of the Code of
Ion +a
Passed, approved and adopted thn 7th day
of klatch, 1994
Terrance M Duggan, Mayor
Attest
Mazy A Davis, City Clerk
Council Member Klueiner moved adoption
of the Resolution Seconded by Council
Member NicholLon Carried by the following
vote Yeas —Mayor Duggan, Council Members
Klueiner, Krieg, Nagle, NicholLon, Voetbeig
Nays —None
Proof of Publication certified to by the
Publssher on Notice of Heating on Plans and
Specifications fot the Flexiteel InduLtneL
Drainage Improvement Project, presented and
read There +ete no nmtten objection
received and no oral objectors present at the
time of the Heating Council Member
Kluesner moved that the proof be received and
filed Seconded by Council Member Nagle
6?
Dannlar Caccinn Marrh 7 199d
Carried by the following vote Year —Mayor
Duggan, Council Memberr Kluerner, Krieg,
Nagle Nicholron, Voetberg Nayr —None
RESOLUTION NO. 68 -94
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 16th day of February,
plan,, specification,, form of contract and
etnmated cost were filed with the Crty Clerk of
Dubuque, Iowa for the Flexsteel Indurtner
Dramage Improvement Project
Whereas, notice of hearing on plans,
specifications, form of contract, and ertimated
cost war published ar required by law
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the Laid plans, specifications, form of
contract and ertimated cost are hereby
approved ar the plan, rpecificationr, form of
contract and ertimated cost for Laid
irnprovementr for Laid project
Panned, adopted and approved thir 7th day
of Match, 1994
Terrance M Duggan, Mayor
Mint
Mary A Davrr, City Clerk
Council Member Kluerner moved adoption
of the Resolution Seconded by Council
Member Nagle Carried by the following vote
Year —Mayor Duggan, Council Members
Kluerner, Krieg, Nagle, Nrcholron, Voetberg
Nayr —None
Proof of Publication certified to by the
Publisher on Notice to Bidden for project and
communication of City Manager
recommendmg to award contract, prerented
and read Council Member Kluerner moved
that the proof of publication and
communication be recerced and filed
Seconded by Council Member Nagle Carried
by the following vote Year —Mayor Duggan,
Council Members Kluerner, Krieg, Nagle
Nrcholron, Robbing, Voetberg Nayr —None
RESOLUTION NO. 69 -94
AWARDING CONTRACT
Whereas, realed proporalr have been
rubmitted by contraction for the Flexsteel
Industner Dramage Improvement Project
pursuant to Resolution No 43 -94 and notice to
bidden published m a new rpaper published m
the City of Dubuque, Iowa on the 24th day of
February, 1994
VAhereas, Laid realed proporalr were
opened and read on the 2 2nd day of March,
1994 and it liar been determined that the bid
of Portzen Construction, Inc of Dubuque,
Iowa m the amount of $ 00 war the
lower bid for the furmrhmgr of all labor and
matenalr and performing the work ar provided
for m the plan and rpecificationr
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the contract for the above
improvement be awarded to Portzen
Construction, Inc and the Manager be and rr
hereby directed to execute a contract on behalf
of the Crty of Dubuque and the County of
Dubuque for the complete performance of the
work
BE IT FURTHER RESOLVED
That upon the rrgrung of Lard contract and
the approval of the contractor'r bond, the Crty
Treasurer rr authorized and instructed to
return the bid deporrtr of the unruccerrful
bidden
Panned, approved and adopted thir 7th day
of March, 1994
Terrance M Duggan, Mayor
Mint
Mary A Davrr City Clerk
Council Member Kluerner moved adoption
of the Resolution Seconded by Council
Member Nagle Carried by the following vote
Year —Mayor Duggan, Council Members
Kluerner, Krieg, Nagle Nrcholron, Voetberg
Nayr —None
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plaru and
Specification for Curtis Street Sanitary Sewer
Repair Project prerented and read There
wete no written objection recerced and no oral
objection preen at the time of the Hearing
Council Member Robbmr moved that the
proof be recerced and filed Seconded by
Council Member Nicholron Carried by the
following vote Year —Mayor Duggan, Council
Members Kluerner, Krieg, Nagle Nicholron,
Voetberg Nayr —None
RESOLUTION NO. "0 -94
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 2 2nd day of February,
plan, rpecification, form of contract and
etnmated cost were filed with the City Clerk of
Dubuque, Iowa for the Curtis Street Sanitary
Sewer Repair Project
Whereas, notice of hearing on plan,
rpecification, form of contract and ertimated
cost war published ar required by law
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the Lard plan, rpecification, form of
contract and ertimated cost are hereby
approved ar the plan, rpecification, form of
contract and ertimated cost for Lard
i mprovementr for Lard project
Panned, adopted and approved thir 7th day
of Match, 1994
Terrance M Duggan, Mayor
Mint
Mary A Davrr City Clerk
Council Member Robbmr moved adoption
of the Resolution Seconded by Council
Member Nrcholron Carried by the following
vote Year —Mayor Duggan, Council Memberr
Kluerner, Krieg, Nagle Nrcholron, Voetberg
Nayr —None
Proof of Publication certified to by the
Pubhshex on Notice to Bidden fot pxoject and
communication of City Manager
xecommendmg to award contract, presented
and read Council Member Robbins moved to
xecexve and file the proof and communication
Seconded by Council Member Nicholson
Carried by the following vote Yeas —Mayor
Duggan, Council Memben Kluemex, Krieg,
Nagle Nicholson, Voetbexg Nay, —None
RESOLUTION NO. "1 -94
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contxacton fot the Curtis Street
Sanitary Set +et Reconstruction pursuant to
Resolution No 32 -94 and notice to bidden
published m a newspaper published m the City
of Dubuque, Iowa on the 10th day of
February, 1994
Whereas, said sealed proposals wete
opened and read on the 24th day of February,
1994 and it has been determined that the bid
of Superior Excavating of Dubuque, Iowa m
the amount of $53,124 95 vas the lowest bid
fot the fusmshmgs of all labor and materials
andperformung the vroxk as provided fot m the
plans and specifications
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the contract fot the above
improvement be awarded to Superior
Excavating and the Manager be and if hereby
dxxected to execute a contract on behalf of the
City of Dubuque fot the complete pexfoxmance
of the vroxk
BE IT FURTHER RESOLVED
That upon the ngrung of said contract and
the approval of the contractor's bond, the City
Treasurer i authoxued and instructed to
x etuxn the bid deposit of the unsuccessful
bidden
Passed, approved and adopted this 7th day
of Match, 1994
Terrance M Duggan, Mayor
itest
Mary A Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution Seconded by Council
Member Nicholson Carried by the following
vote Yeas —Mayor Duggan, Council Memben
Kluemex, Krieg, Nagle Nicholson, Voetbexg
Nays —None
Communication of City Manager
xecommendmg luting Strand ,associates to
provide engmeexing Leman fot Phase II
Improvements at Water Pollution Control
Plant, presented and read Council Member
Krieg moved that the comumunication be
xecerved and filed Seconded by Council
Member Voetbexg Carried by the following
vote Yeas —Mayor Duggan, Council Memben
Kluemex, Krieg, Nicholson, Voetbexg
Nays— Council Member Nagle
Reaular Session. March 7. 1994 64
RESOLUTION NO. -94
AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH
STRAND ASSOCLATES. INC., FOR THE
PURPOSE OF PROVIDING
ENGINEERING SERVICES DURING
CONSTRUCTION FOR THE PHASE II
IMPROVE?IENTS AT THE WATER
POLLUTION CONTROL PLANT
Whereas, a construction contract win be
avoided fot Phase II Improvements at the
Dubuque Water Pollution Control Plant, and
Whereas, Strand ,associates, Inc , ha,
submitted to the City an agreement to conduct
these Leman fot an amount not to exceed
$125,000, and
Whereas, funds have been legally
appxopnated fot this expenditure
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That the City Manager be
authoxued to execute the agreement fot
engmeexing Leman with Strand ,associates,
Inc, dated March 3, 1994, fot the Phase II
Improvement pxoject at the Dubuque Water
Pollution Control Plant
Passed, approved and adopted this 7th day
of Match, 1994
Terrance M Duggan, Mayor
itest
Mary A Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution Seconded by Council Member
Voetbexg Carried by the following vote
Yeas —Mayor Duggan, Council Memben
Kluemex, Krieg, Nicholson, Robbins,
Voetbexg Nays— Council Member Nagle
Communication of City Manager advising
of a low interest loan pool m the Downtown
Tax Increment Financing District, presented
and read Council Member Krieg moved that
the communication be xecexved and filed
Seconded by Council Member Robbins
Carried by the following vote Yeas —Mayor
Duggan, Council Memben Kluemex, Krieg,
Nagle Nicholson, Voetbexg Nays —None
RESOLUTION NO. "3 -94
A RESOLUTION AUTHORIZING A
LETTER OF COMMITMENT AND
ADDITIONAL ACTIONS CONCERNING
A DOWNTOWN REHABILITATION
LOAN PROGRAM LOAN TO THE
GRAND OPERA HOUSE
Whereas, on December 20, 1993, the City
of Dubuque did by Resolution =412 -93, create
and fund a new Downtown Rehabilitation
Loan Program fot the purpose of stimulating
private reinvestment m the Downtown Urban
Renewal District, and
Whereas, the City of Dubuque, Iowa if
encouraging the use of the Loan Program to
finance the renovation of buildmg facades m
the Downtown Urban Renewal District, and
65 Reaular Session. March 7. 1994
VAheteas, the Grand Opera Home at 135
West 8th Street IL located vithm the
Downtown n Urban Renewal Distract and v i heL
to LeLtote the facade of AL hntoxxc theater, and
VAheteas, a Letter of Commitment hereto
attached and by thn xefexence made a part
hereof Left forth the terms and condition of
the Grand Opera Howe; L participation m the
Downtown n Rehabilitation Loan Program
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That the application of the
Gland Opera Howe fot participation m the
Downtown Rehabilitation Loan Piogiam is
heteby accepted and approved
Section 2 That the Mayor is heteby
authotixed to execute, on behalf of the City
Council of the City of Dubuque, the attached
Commitment Letter and to forward Laid letter
to the Grand Opera Howe fot teviev and
approval
Section 3 That the City Manager be and
he IL heteby dnected to prepare, upon
execution and receipt of the attached
Commitment Letter by the Grand Opera
Howe, the neceLLary loan documenft m
accot dance with the term and condition Let
forth m Laid letter of commitment
Section 4 That the City Manager is
heteby authotixed to execute, on behalf of the
City Council of the City of Dubuque, all
neceLLary loan documenft and IL further
authotixed to dnbune loan fund& from the
Downtown n Rehabilitation Loan Piogiam, m
accordance with the term and condition of
the executed agreement
PaLLed, approved and adopted thxL 7th day
of klatch, 1994
Teixance M Duggan, Mayor
Attest
Mary A Davi , City Clerk
Council Member Krieg moved adoption of
the Resolution Seconded by Council Member
RobbmL Caned by the following vote
YeaL —Mayor Duggan, Council Memben
Kluemei, Kneg, Nagle NicholLon, Voetbetg
NayL —None
An Ordinance Vacating a portion of Ketpet
Boulevard abutting Lot 1 of Lot 2 and Lot 1 of
Lot 2 of Lot 2 of Block 6 of Rivet Front
Subdminon No 3 , Laid Ordinance havmg
been pteLented and read at the Council
Meeting of 2- 21 -94, pteLented fot fuxthet
action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 9 -94
ORDINANCE VACATING A PORTION
OF KFRPFR BOULEVARD ABUTTING
LOT 1 OF LOT 2 AND LOT 1 OF LOT
OF LOT 2 OF BLOCK 6 OF RIVER
FRONT SUBDIVISION NO. 3.
\l'hereaL, IIW Engmeen & Surveyon, P C
Dubuque, Iowa, has prepared and Lubmitted to
the City Council a plat Mowing the vacated
portion of Ketpet Boulevard and aLLigned lot
number thereof winch hetemaftet shall be
known and descnbed as Lot lA and Lot 2A in
Block 6, Rivet Front Subdminon No 3 m the
City of Dubuque, Dubuque, County, Iowa, and
VAheteas, the City Council of the City of
Dubuque, Iowa has determined that this
portion of Ketpet Blvd IL no longer tequned
fot public we, and vacating of Laid portion of
Ketpet Blvd known as Lot 1A and Lot 2A m
Block 6, Rivet Front Subdminon No 3 m the
City of Dubuque, Dubuque County, Iowa,
Mould be approved
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That the teal estate descnbed as
Lot 1A and Lot 2A m Block 6, River Front
Subdavinon No 3 m the City of Dubuque,
Iowa be and the Lame is heteby vacated
PaLLed, approved and adopted thiL 7th day
of klatch, 1994
Attest
Mary A Davi , City Clerk
Published officially m the Telegraph Herald
net+ Lpapet thxL 16th day of March, 1994
It 3 16 Mary A DaviL CMC, City Clerk
Council Member Kluemet moved that thxL
be conideted the Lecond teading of the
Ordinance, and that the tequnement that a
proposed Ordinance be conideted and voted
on fot paLLage at two Council meetinge pnot
to the meeting at winch it IL to be finally
adopted be Lmpended and further moved final
adoption of the Ordinance Seconded by
Council Member Nagle Caned by the
following vote YeaL —Mayor Duggan, Council
Memben Kluemei, Krieg, Nagle NicholLon,
Voetbetg NayL —None
RESOLUTION NO. "4 -94
VAheteas, application fot Liquor LiceneL
have been Lubmitted to thxL Council fot
apps oval and the Lame have been examined
and approved, and
VAheteas, the ptemneL to be occupied by
Luch appkcanft vate inspected and found to
comply with the State Law and all City
OtduwiceL relevant thereto and they have filed
ptopet bon&
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the Manager be authotixed to came to
be issued the following named appkcanft
a Liquor Licene
CLASS "C" (COnMffRCIAL) BEER AND
LIQUOR LICENSE
Ftateinal Otdet of Eagle =568
FOE =568
1175 Century Di
PaLLed, approved and adopted thnL 7th day
of klatch, 1994
Attest
klary A Davi , City Clerk
Terrance M Duggan, Mayor
Terrance M Duggan, Mayor
Council Member Nagle moved adoption of
the Resolution Seconded by Council Member
Robbins Caned by the following vote
Yea, —Mayor Duggan, Council Membets
Kluesnei, Krieg, Nagle Nicholson, Voetbetg
Nays —None
Communication of Long Range Planning
Commission requesting a public heating be
held on March 21 to consider approval of
Phase I of the Comptehensna Plan fox the City
of Dubuque, presented and read Council
Member Voetbetg moved to xecetve and file
the communication and set the matter fox
Public Heating on Match 21, 1994 at 7 30
p m m the Public Library Auditorium and that
the City Clerk publish notice m the manner
ptescnbed by law Seconded by Council
niembet Nagle Caned by the following vote
Yeas— h1ayot Duggan, Council Membets
Kluesnei, Krieg, Nagle Nicholson, Voetbetg
Nays —None
Communication of Long Range Planning
Commission requesting a public heating be
held on march 21 to consider approval of
Dubuque Rivetfiont Plan, presented and read
Council Member Voetbetg moved that the
communication be xecerved and filed and set
the matter fot Public Heating on March 21,
1994 at 7 30 p m m the Public Library
Auditorium and that the City Clerk publish
notice ptescnbed by law Seconded by
Council Member Nagle Caned by the
following vote Yeas— h1ayot Duggan, Council
Membets Kluesnei, Krieg, Nagle Nicholson,
Voetbetg Nays —None
Communication of City klanaget
submitting documents ptovidmg fot
construction of 1994 Asphalt Pavmg Project,
presented and read Council klembet
Voetbetg moved that the communication be
xecerved and filed Seconded by Council
klembet Nicholson Caned by the following
vote Yeas— klayot Duggan, Council klembets
Kluesnei, Krieg, Nagle Nicholson, Voetbetg
Nays —None
RESOLUTION NO. "5 -94
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That the proposed plans, specifications,
form of contract and estimated cost fot the
1994 Asphalt Pavmg Project, m the estimated
amount of 609,262 39, axe heteby approved
and ordered filed m the office of the City Clerk
fot public inspection
Passed, adopted and approved this 7th day
of klatch, 1994
Attest
Mary A Davis, City Clerk
Reaular Session. March 7. 1994 66
Terrance M Duggan, Mayor
Council Member Voetbetg moved adoption
of the Resolution Seconded by Council
Member Nicholson Caned by the following
vote Yea, —Mayor Duggan, Council Membets
Kluesnei, Krieg, Nagle, Nicholson, Voetbetg
Nays —None
RESOLUTION NO. "6 -94
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
VAheteas, the City Council of the City of
Dubuque, Ion +a has given its ptelmunary
approval on the proposed plans, specifications,
and Sara of contract and placed same on file m
the office of the City Clerk fot public
inspection of the 1994 Asphalt Pavmg Project
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That on the 4th day of Aptil, 1994, a public
heating will be held at 7 30 p m m the Public
Libt any Auditorium at winch time interested
persons may appear and be heard fot ox
against the proposed plans and specifications,
Sara of contract and cost of said i mptovement,
and the City Clerk be and is heteby directed to
cause a notice of time and place of such
heating to be published m a newspaper havmg
genet al circulation m the City of Dubuque,
Ion +a, which notice shall be not less than four
days not mote than twenty days pnot to the
day fixed fot its consideration At the heating,
any interested person may appear and file
objections to the proposed plans,
specifications, contract ox estimated cost of
the i mptovement
Passed, adopted and approved this 7th day
of klatch, 1994
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetbetg moved adoption
of the Resolution Seconded by Council
Member Nicholson Caned by the following
vote Yeas —Mayor Duggan, Council Membets
Kluesnei, Krieg, Nagle, Nicholson, Voetbetg
Nays —None
RESOLUTION NO. " " -94
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CODICIL OF THE CITY OF
DUBUQUE, IOWA
That the 1994 Asphalt Pavmg Project i
hereby otdeted to be advertised fot bids fot
construction
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be m an amount which shall conform to
the provisions of the notice to bidden heteby
approved as a part of the plans and
specifications hetetofote adopted
That the City Clerk n heteby directed to
advertise fox bids fox the construction of the
=pavements hetem provided, to be published
in a newspaper havmg general circulation m
the City of Dubuque, Ion +a, which notice shall
67 Reaular Session. March 7. 1994
not be less than four days not mote than
twenty days /mot to the receipt of Lard bids at
2 00 p m on the 14th day of April, 1994
ErdL Lhall be opened and read by the City
Clerk at Lard time and will be Lubmstted to the
Council fot final action at 7 30 p m on the 2 2nd
day of May, 1994
PaLLed, adopted and approved thn 7th day
of klatch, 1994
Terrance M Duggan, Mayor
Attest
Mary A Davi , City Clerk
Council Member V'oetberg moved adoption
of the ReLolutron Seconded by Council
Member Nichol Lon Carted by the following
vote YeaL —Mayor Duggan, Council Members
Kluesner, Kneg, Nagle Nichol Lon, V'oetberg
NayL —None
Communication of City Manager
Lubmsttmg document providmg fot
contraction of 1994 Concrete Paving Project
preLented and read Council Member
V'oetberg moved that the communication be
received and filed Seconded by Council
Member Nagle Canned by the following vote
YeaL —Mayon Duggan, Council Members
Kluesner, Kneg, Nagle Nichol Lon, V'oetberg
NayL —None
RESOLUTION NO. "8 -94
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That the propoLed plan, Lpecrficatron,
form of contract and eanmated cost fot the
1994 Portland Cement Concrete Paving
Project m the eanmated amount of
$ axe hereby approved and
ordered filed m the office of the City Clerk fot
public mspectron
PaLLed, adopted and approved thn 7th day
of klatch, 1994
Tetance M Duggan, Mayor
Attest
Mary A Davi , City Clerk
Council Member V'oetberg moved adoption
of the ReLolutron Seconded by Council
Member Nagle Canned by the following vote
YeaL —Mayor Duggan, Council Members
Kluesner, Kneg, Nagle Nichol Lon, V'oetberg
NayL —None
RESOLUTION NO. "9 -94
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given in prelmunary
approval on the propoLed plan, Lpecrficatron,
and Sara of contract and placed Lame on file m
the office of the City Clerk fox public
mspectron of the 1994 Portland Cement
Concrete Paving Project
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That on the 4th day of April, 1994, a public
heating will be held at 7 30 p m m the Public
Library Audatonum at which time mtereLted
person may appear and be heard fox or
against the propoLed plan and LpecrficatronL,
Sara of contract and cost of Lard improvement,
and the City Clerk be and IL hereby directed to
cause a notice of time and place of Luch
heating to be pubhLhed m a newLpaper havmg
general circulation m the City of Dubuque,
Iowa, which notice Lhall be not leLL than four
dayL not more than twenty dayL pnor to the
day fixed fox it connderatron At the heating,
any mtereLted person may appear and file
objection to the propoLed plan,
Lpecrficatron, contract or eanmated cost of
the improvement
PaLLed, adopted and approved thn 7th day
of klatch, 1994
Tetance M Duggan, Mayor
Attest
Mary A Davi , City Clerk
Council Member V'oetberg moved adoption
of the ReLolutron Seconded by Council
Member Nagle Canned by the following vote
YeaL —Mayor Duggan, Council Members
Kluesner, Kneg, Nagle Nichol Lon, V'oetberg
NayL —None
RESOLUTION NO. 80 -94
RESOLUTION OF NFCFSSITY
Whereas, propoLed plan have been duly
prepared and approved by the City Council of
the City of Dubuque and axe now on file m the
office of City Clerk Lhowmg among other
thmgL the plan, Lpecrficatron, form of
contract estimated cost and prelmunary plat
and Lchedule Lhowmg the amount propoLed to
be aiieLLed against each lot and the valuation
of each lot as filed by the City Council, fox the
1994 Portland Cement Concrete Paving
Project
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That the City Council deemL rt advnable
and neceLLary fox the public welfare to make
the herem mentioned nmprovementi, and
unleLL property owners at the time of the final
conrderatron of thn propoLed resolution have
on file with the City Clerk objection to the
resolution of neceinty, they Lhall be deemed to
have waived all objection permuting to the
regular ty of the proceeding and the legality of
uimg the Lpecral aLLeLLment procedure
Said imptovemenn Lhall be conLtructed and
done m accordance with the plan and
LpecxficatxonL which have been approved by
the City Council and now on file with the City
Clerk That the cost and expense of making
Luch improvement will be aLLeLLed partially or
totally against ptvately owned property lying
with the aLLeLLment harm, and m an amount
not to exceed that provided by law, and m
proportion to the special benefit conferred
The portion of the colt which shall be borne
by the City will be paid from Road Use Tax
Fund and Iowa Local Option Saler Tax Fund,
and Special Azressment Bonds and Sanitary
Sent Co/infraction Fund, and Watetmam
Replacement Fund, and special assessment
bonds may be issued m anticipation of
deferred payment of assessment when a
contract has been performed and accepted, and
the proceeds thereof used to pay the
contractor
The above resolution vas introduced,
approved and ordered placed on file with the
City Clerk this 7th day of klatch, 1994
Approved and placed on file fot final action
Terrance M Duggan, Mayor
ltest
Mary A Davis, City Clerk
Council Member V'oetbexg moved adoption
of the Resolution Seconded by Council
Member Nagle Canned by the following vote
Yea, —Mayor Duggan, Council Membess
Kluesnex, Krieg, Nagle Nicholson, V'oetbexg
Nay, —None
RESOLUTION NO. 81 -94
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given it prelmunary
approval on the proposed plans, specifications
and funk of contract and placed same on file m
the office of the City Clerk fot public
inspection, fot the 1994 Portland Cement
Concrete Paving Project and,
Whereas, the proposed Resolution of
Necessity fot said improvement has been
introduced and ir now on file m the City
Clerk's office fot public inspection
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That on the 4th day of April, 1994, a public
heating will be held at 7 30 o'clock p m m the
Public Library ,juditonum m the City of
Dubuque at which time the ov ness of property
subject to assessment fot the proposed
improvement or any other person having an
interest m the matter may appear and be heard
fot or against the making of the improvement,
the boundaries of the dntnct, the cost, the
assessment against any lot, or the final
adoption of a resolution of necessity and the
City Clerk be and ir heteby authorised and
directed to cause a notice of tune and place of
such heating to be published m a newspaper
having general circulation m the City of
dubuque, Iowa, which notice shall be
published once each week fot two consecutive
weeks, the flirt publication of which shall be
not less than ten days prior to the day fixed fot
it consideration Unless property owness at
the time of the final consideration of this
proposed resolution have on file with the City
Clerk objections to the Resolution of Necessity
Reaular Session. March 7. 1994 68
they shall be deemed to have waived all
objections thereto
Passed, adopted and approved this 7th day
of klatch, 1994
Terrance M Duggan, Mayor
ltest
Mary A Davis, City Clerk
Council Member \'oetberg moved adoption
of the Resolution Seconded by Council
Member Nagle Caned by the following vote
Yea, —Mayor Duggan, Council Member
Kluesner, Krieg, Nagle Nicholson, \'oetberg
Nay, —None
RESOLUTION NO. 82 -94
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
That the attached sheet, 1 to 14 mclunve,
are heteby determined to be the schedule of
proposed assessment fot the 1994 Portland
Cement Concrete Paving Project and the
valuations set out hetem are heteby approved
Passed, approved and adopted this 7th day
of klatch, 1994
Terrance M Duggan, Mayor
ltest
Mary A Davis, City Clerk
Council Member V'oetberg moved adoption
of the Resolution Seconded by Council
Member Nagle Caned by the following vote
Yea, —Mayor Duggan, Council Member
Kluesner, Krieg, Nagle, Nicholson, V'oetberg
Nay, —None
Communication of City Manager
submitting document providing fot
construction of Watet Pollution Control Plant
Phase II Improvement, presented and read
Council Member V'oetberg moved that the
communication be received and filed
Seconded by Council Member Robbins
Canned by the following vote Yeas —Mayor
Duggan, Council Memben Kluesner, Krieg,
Nagle Nicholson, V'oetberg Nay, —None
RESOLUTION NO. 83 -94
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Whereas, the proposed plans, specifications
and form of contract fot the Dubuque Watet
Pollution Control Plant Phase II Improvement
m the estimated amount of $2,045,000 have
been prepared by Strand ,Associates under the
direction of the City
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 The proposed plans,
specification,, and form of contract are
approved and ordered filed m the office of the
City Clerk fox public inspection
Passed, approved and adopted this 7th day
of klatch, 1994
69 Reaular Session. March 7. 1994
Texxance M Duggan, Mlayot
Attest
Nlary A Davis, City Clerk
Council Mlembet Voetbetg moved adoption
of the Resolution Seconded by Council
Mlembet Robbins Canted by the following
vote Yea,— Mlayot Duggan, Council Mlembeii
Klueinet, Krieg, Nagle Nicholson, Voetbetg
Nay, —None
RESOLUTION NO. 84 -94
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
VAheteas, the City Council of the City of
Dubuque, Iowa, has given in ptelmunary
approval of the proposed plans, specifications,
and firm of contract and placed same on file m
the office of the City Clerk fox the Dubuque
Water Pollution Control Plant Phase II
Improvements
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That on the 18th day of Aptil,
1994, a public heating will be held at 7 30
p m m the Public Library Auditorium at
which time interested petions may appear and
be heard fox ox against the proposed plans and
specifications, form of contract and cost of
said i mptovement, and the City Clerk be and
is
heteby directed to cause a notice of tune and
place of such heating to be published m a
newipapet having genetal circulation m the
City of Dubuque, Iowa, which notice shall be
not less than four days not mote than twenty
days pnot to the day fixed fot it
consideration At the heating, any interested
petion may appear and file objections to the
proposed plans, specifications, form of
contract, ox estimated cost of the umptovement
Passed, approved and adopted thn 7th day
of blanch, 1994
Teixance M Duggan, Mlayot
Attest
Mary A Davis, City Clerk
Council Mlembet Voetbetg moved adoption
of the Resolution Seconded by Council
Mlembet Robbins Canned by the following
vote Yeas— Mlayot Duggan, Council Mlembei
Klueinet, Krieg, Nagle Nicholson, Voetbetg
Nays —None
RESOLUTION NO. 85 -94
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That the project titled Dubuque
Water Pollution Control Plant Phase II
Improvements ss heteby otdeted to be
adverts ed fot bids fot construction
Section 2 That the amount of the security
to accompany each bid shall be m an amount
which shall conform to the ptovinoni of the
notice to bidden heteby approved as part of
the plans and specifications hetetofote
adopted
Section 3 That the City Cletk ss heteby
du ected to adverts a fot rids fot the
construction of the nmptovement hetem
provided to be pubhihed m a newipapet
having genetal circulation m the City of
Dubuque, Iowa, which notice shall not be less
than four days not mote than twenty days
pnot to the receipt of said bids at 2 00 p m on
the 7th day of Aptil, 1994 Eids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council fot final
action at 7 30 p m on the 18th day of Aptil,
1994
Passed, approved and adopted thn 7th day
of blanch, 1994
Teixance M Duggan, Mlayot
Attest
Mary A Davis, City Clerk
Council Mlembet Voetbetg moved adoption
of the Resolution Seconded by Council
Mlembet Robbins Canned by the following
vote Yeas— Mlayot Duggan, Council Mlembei
Klueinet, Krieg, Nagle Nicholson, Voetbetg
Nays —None
MIINIUTES SUEMMITTED -- Airport
Commission of 1 -11, Cable Community
Teleptogtamming Commission of 2-1, Civil
Service Commission of 12 -6 -93, Electrical
Code Board of 2 -18, Housing Commission of
2 -8, Five Flags Commission of 2 -21, Park &
Recteation Commission of 2 -8, Park &
Recreation Commission's Roosevelt Park
Study Committee of 2 -9 & 2 -21, Plumbing
Board of 3 -1, presented and read Council
Mlembet Voetbetg moved that the minutes be
received and filed Seconded by Council
hlembet Nagle Carried by the following vote
Yeas —Mayon Duggan, Council Mlembei
Klueinet, Krieg, Nagle Nicholson, Voetbetg
Nays —None
NOTICES OF CLAIM'S SUITS -- John
Ei dotf, It , $70 00 fot vehicle damages, Ilary
Davi , $356 06 fot vehicle damages, Diane
Digmann m unknown amount fot personal
injuries, John Hopkins m amount of $975 52
fot vehicle damages, Michael David Hotchkiss
m amount of $1691 39 fot vehicle damages,
Robert Lucas m amount of $87 31 fox vehicle
damages, Kathy hluu m amount of $230 88 fot
vehicle damages, Jackie Nelson m amount of
$63 20 fox vehicle damages, Judy Redly m
unknown total amount fox vehicle damages,
Julie Saeugling m amount of $106 94 fot
vehicle damages, Selma Simon m unknown
amount fox personal injuries, James Wahlert m
amount of $118 76 fox vehicle damages,
presented and read Council hlembet
Voetbetg moved that the claims and suits be
tefened to the Legal Staff fox investigation and
report Seconded by Council hlembet Nagle
Canted by the following vote Yeas —Mayon
Duggan, Council Nlemben Klueinet, Kneg,
Nagle Nicholson, Voetbetg Nays —None
Commumcations of Corporation Counsel
adi.t g following claims have been xefened to
Cxav ford & Company, the agent fox the Iowa
Communities Assurance Pool Cat damage of
Jean Dal - mg, Cat damage of Valerie Dunlap,
Personal Injury of Stacey Lethem, Penonal
injury of Margaret M Millet, Penonal injury
of Judy Smagxa, presented and read Council
Member Voetbeig moved that the
communications be xecexved and filed
Seconded by Council Member Nagle Caned
by the following vote Yeas —Mayor Duggan,
Council Members Kluemex, Krieg, Nagle
Nichohon, Voetbeig Nay, —None
Commumcations of Corporation Counsel
iecommendmg settlement of following claims
John A Bierman m amount of $462 00 foi
set +el backups, Gerald R Foht m amount of
$238 50 foi car damages, Inteiitate Pont Co
m amount of $543 98 foi property damages,
Linda Lochner m amount of $363 53 fox
property damages, Kelh Pitz m amount of
$117 72 foi car damages, presented and lead
Council Member Voetbeig moved that the
communications be received and filed and
appioved settlement with Finance Duectoi to
issue checks Seconded by Council Member
Nagle Caned by the following vote
Yeas —Mayor Duggan, Council Membeii
Kluesnei, Krieg, Nagle Nicholson, Voetbeig
Nays —None
REFUNDS REQUESTED -- Blue moon
Development Co m amount of $422 50 on
unexpired Liquor License, presented and lead
Council Member Voetbeig moved that the
refund be appioved with the Finance Duectoi
to issue check Seconded by Council Member
Nagle Caned by the following vote
Yeas —Mayor Duggan, Council Membeii
Kluesnei, Krieg, Nagle Nicholson, Voetbeig
Nays —None
Communication of Jeffrey hlozena
submitting his iengnation fiom Long Range
Planning Commission and Michael I Euelow
submitting }us iengnation fiom the Park &
Recreation Commission, presented and lead
Council hlembei Voetbeig moved that the
communication be received and filed and
accepted with regret Seconded by Council
Member Nagle Caned by the following vote
Yeas —Mayor Duggan, Council hlembeii
Kluesnei, Krieg, Nagle Nicholson, Voetbeig
Nays —None
Petition of Eugene Tigges requesting
extennon of tune to furnish necessary security
as required foi the Eugene Tigges Subdavinon
and communication of City Manager
iecommendmg appioval of 90 day extennon,
presented and lead Council Member
Voetbeig moved that the petition and
communication be received and filed
Seconded by Council Member Nagle Caned
by the following vote Yeas —Mayor Duggan,
Reaular Session. March 7. 1994 70
Council Members Kluesnei, Krieg, Nagle
Nichohon, Voetbeig Nay, —None
RESOLUTION NO. 86 -94
A RESOLUTION RESCINDING
RESOLUTION NO. 422 -93 AND
REAFFIRMING THE FINAL PLAT OF
LOTS 1 -6 INCLUSIVE OF EUGENE
TIGGES SUBDIVISION ALL IN
DUBUQUE COUNTY, DUBUQUE, IOWA.
VAheieas, there has been filed with the City
Cleik a final plat Lot 1 -6 mclunve of Eugene
Tigge Subdavinon all m Dubuque County,
Dubuque, Iowa, and
VAheieas, upon said final plat appear
sti eet(s) to be known al Pine View Drive,
together with certam public utility easement
which the Owneii by said final plat have
dedicated to the public forever, and
Whereas, said pielmunary plat has been
examined by the Zoning Commission and had
it appioval endoiied thereon subject the
owner(c) agreeing to the conditions noted m
Section 2 below, and
VAheieas, said final plat has been examined
by the City Council and they find that it
conforms to the pielmunary plat, except that
dace grades have not been established, the
drive brought to grade oi pavmg installed
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That Resolution No 422 -93 i
hereby rescinded
Section 2 That the easement fox public
utikties as they appear upon said final plat, be
and the same axe hereby accepted, and
Section 3 That the plat of Lot 1 -6 of
Eugene Tigges Subdavinon i hereby
reaffirmed and the Mayor and City Cleik axe
hereby authorized and directed to endoiie the
appioval of the City of Dubuque, Iowa, upon
said final plat, provided the ovneii of said
property herem named, execute then t +rotten
acceptance hereto attached agreeing
a To reduce Pine View Dnce to grade
and to hard surface with bituminous
conciete ox with conciete pavmg, to a
width of 22 feet, all in accoidance with
the appioved plans on file with the
Office of the City Engmeei City of
Dubuque, Iowa
b To provide the foregoing construction
and mamtenance of said impiovement
at the sole expense of the owner,
Eugene Tigges, oi the succeiioii as
assigned
c To provide vortex service and septic
systems m accoidance with Dubuque
County specifications
d Access to the proposed lot shall be by
means of Pine View Dnce, not Old
Highway Road
e To provide foi contmuous mamtenance
of the private roadways by the Eugene
Tigges Homeownen Association as
per restrictive covenant
71 Reaular Session. March 7. 1994
To construct said unptovement v ithm
two years from the date of acceptance
of this resolution by the City of
Dubuque, Iowa
To install temporary cul- de- sac(s) at
the end of Pine View Drive as shown
on the appxoced construction
miptovement plans
And further provided that said Eugene
Tigges, as owner of said property, shall secure
the pexfoxmance of the foxegomg conditions
provided m Section 2 by ptovidmg security m
such form and with such sureties as may be
acceptable to the City Manager of the City of
Dubuque, Iowa
Section 4 That m the event Eugene Tigges
shall fail to execute the acceptance and futru h
the security provided m Section 3 hereof
within ninety (90) days after the date of the
Resolution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval the plat shall not be effective
Passed, appxoced and adopted this 7th day
of March, 1994
f
Teriance M Duggan, Mayor
ATTEST
Mary A Davis, City Clerk
ACCEPTANCE OF RESOLUTION
NO 86 -94
I, the undeingned, Eugene Tigges, havmg
read the terms and conditions of the
Resolution No 86 -94 and being familiar with
the conditions thereof heteby accept thn same
and agree to the conditions tequned thetem
Dated m Dubuque, Iowa thn 3rd day of
January, 1994
By s Eugene Tigges
TO Mary A Davis
City Clerk
This n to certify that the necessary security fot
the foxegomg Resolution No 86 -94 has been
ptopeily filed
Dated at Dubuque, Iowa thn 8th day of
March, 1994
Michael C Van Mhlligen, City Manager
Council Member Voetbetg moved adoption
of the Resolution Seconded by Council
Member Nagle Carried by the following vote
Yeas —Mayor Duggan, Council Membeii
Kluesnet, Krieg, Nagle Nicholson, Voetbetg
Nays —None
March 2, 1994
Honorable Mayor and
Membeii of the City Council
In accordance with Chapter 400 of the 1993
Code of Iowa, the Civil Service Commission
conducted a i +rotten promotional examination
on February 8, 1994 fot the pontion of
Emergency Medical Services Supervisor
We heteby certify that the following member
of the Fite Department have passed this
waitten promotional examination and
promotion fot this pontion should be made
from this hst
Emnreenry klndiral Snr.irn= Snnnr.isor
Richard W Ions
Lames I Imhof
Jeff Udelhoven
Respectfully submitted,
L Robert M Millet
Chaupeiion
L Thomas E Rawson
L Lames N Feehan
Civil Service Commission
Council Member Voetbetg moved that the
communication be made a matter of record
Seconded by Council Member Nagle Carried
by the following vote Yeas —Mayor Duggan,
Council Members Kluesnet, Krieg, Nagle
Nicholson, Voetbetg Nays —None
Communication of City Manager
recommending approval of Supplement =17 to
the City Code of Ordinances, presented and
read Council Member Voetbetg moved that
the communication be received and filed
Seconded by Council Member Nagle Carried
by the following vote Yeas —Mayor Duggan,
Council Members Kluesnet, Krieg, Nagle
Nicholson, Voetbetg Nays —None
RESOLUTION NO. 8" -94
ADOPTING SUPPLEMENT NO. 1" TO
THE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA
VAheteas, under date of July 17, 1989, the
City Council, pmivant to Otdmance No 34-
89, readopted the Code of Ordinances of the
City of Dubuque, Iowa fot ordinances adopted
up to and including December 19, 1988, and
VAheteas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendment have been
painted as supplement to the Code of
Ordinances, and
VAheteas, Section 3808 of the Code of
Otdmances provides that supplement, by
resolution, become part of the Code of
Ordinances
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF TIE CITY OF
DUBUQUE, IOWA
Section 1 That Supplement No 17 of the
Code of Otdmances of the City of Dubuque,
Iowa, coveting Ordinances through Ordinance
No 69 -93 enacted through December 20,
1993 and prepared by the Municipal Code
Corporation, Tallahassee, Florida, hereto filed
in the Office of the City Clerk of the City of
Dubuque, Iowa be and n heteby adopted and
becomes part of the Code of Ordinances of the
City of Dubuque, Iowa
Passed, appxoced and adopted this 7th day
of klatch, 1994
Teriance M Duggan, hlayot
Attest
Mary A Davis, City Clerk
Council Member Voetbetg moved adoption
of the Resolution Seconded by Council
Member Nagle Carried by the following vote
Yea, —mayor Duggan, Council klemben
Kluemet, Kneg, Nagle Nichohon, Voetbetg
Nay, —None
Communication of Corporation Coumel
advimg of findmg m Robert G Donovan et al
case and xecommendmg judgment be paid,
presented and read Council member
Voetbetg moved that the communication be
xecexved and filed Seconded by Council
member Nagle Canted by the following vote
Yea, —mayor Duggan, Council klemben
Kluemet, Kneg, Nagle Nichohon, Voetbetg
Nay, —None
Dubuque Auxiliary Police submitting then
annual report fox 1993, presented and read
Council member Voetbetg moved that the
report be xecexved and filed Seconded by
Council member Nagle Canted by the
following vote Yea, —mayor Duggan, Council
klemben Kluemet, Kneg, Nagle Nichohon,
Voetbetg Nays —None
Communication of City manage[ advi,mg
of progress being made xegaxdmg request fox
2 hour parking zone on Bryant Street and
xecommendmg matter be tabled until May 2,
1994, presented and read Council member
Voetbetg moved that the communication be
xecexved and filed and approved tabling til
May 2nd Seconded by Council member
Nagle Canted by the following vote
Yea, —mayor Duggan, Council klemben
Kluemet, Krieg, Nagle Nichohon, Voetbetg
Nay, —None
Communication of City Manage[
xecommendmg acceptance of property at 2190
Farley St, presented and read Council
Member Voetbetg moved that the
communication be xecexved and and filed
Seconded by Council Member Nagle Canted
by the following vote Yeas —Mayo[ Duggan,
Council Memben Kluemet, Kneg, Nagle
Nichohon, Voetbetg Nay, —None
RESOLUTION NO. 88 -94
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY
LOCATED AT 2190 FARLEY STREET,
DUBUQUE, IOWA, TO THE CITY OF
DUBUQUE.
Wheteas, the City of Dubuque has agreed
to purchase the following legally- de teal
property
The We,texly Forty Feet (W40') of Lot Two
(2) and the Westex1y Forty Feet (W40') of the
Southv e tex1y Twenty -five Feet (SW 25') of
Lot One (1) m Wickes Addition m the City of
Dubuque m the County of Dubuque, Iowa,
accoxdmg to the xecoxded plat thereof
ftom Craig Joseph Rettenmaiex, and
Whereas, the owner has pxepaxed a
Warranty Deed naming the City of Dubuque,
Iowa, as holder of all tight, title and interest
m said property
Reaular Session. March 7. 1994 72
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 The City Council of Dubuque,
Iowa, heteby approves of, accept and
consent to the Warranty Deed ftom Craig
Joseph Rettenmaiex as tequned by Iowa Code
Section 569 7
Section 2 The City Clerk be and the i
hereby authorized and directed to came said
Warranty Deed to be xecoxded m the office of
the Dubuque County Recoxdex, together with
certified copy of this Resolution
Section 3 That the City Clerk be and the
IL hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditot
Passed, approved and adopted this 7th day
of klatch, 1994
Texxance M Duggan, Mayo[
Attest
Mary A Davi,, City Clerk
Council Member Voetbetg moved adoption
of the Resolution Seconded by Council
member Nagle Canted by the following vote
Yea, —Mayo[ Duggan, Council Memben
Kluemet, Kneg, Nagle Nichohon, Voetbetg
Nay, —None
Communication of City Managet
xecommendmg acceptance of property at 2239
Pence St, presented and read Council
Member Voetbetg moved that the
communication be xecexved and filed
Seconded by Council Member Nagle Canted
by the following vote Yeas —Mayo[ Duggan,
Council Memben Kluemet, Kneg, Nagle
Nichohon, Voetbetg Nay, —None
RESOLUTION NO. 89 -94
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY
LOCATED AT :239 PRINCE STREET,
DUBUQUE, IOWA, TO THE CITY OF
DUBUQUE.
Wheteas, the City of Dubuque has agreed
to purchase the following legally- de teal
property
Lot One (1) of Lot Forty -Nme (49) m
Sanford', Subdavinon m the City of Dubuque
m the County of Dubuque, Iowa, accoxdmg to
the xecoxded plat thereof
fiom Wilham A Clark, aka Wilham A
Clark, III and Eetty K Clark
Whereas, the owner has pxepaxed a
Warranty Deed naming the City of Dubuque,
Iowa, as holder of all tight, title and interest
m said property
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 The City Council of Dubuque,
Iowa, heteby approves of, accept and
consent to the Waxxanty Deed fiom Wilham
A Clark, a k a Wilham A Clark, III and Eetty
K Clark as xequned by Iowa Code Section
569 7
7?
Dan,Jar Caccinn Marrh 7 199d
Section 2 The City Clerk be and the i
hereby authorized and directed to came said
Warranty Deed to be xecoxded m the office of
the Dubuque County Recoxdex, together with
certified copy of this Resolution
Section 3 That the City Clerk be and the
IL hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor
and the Dubuque County Auditor
Passed, appxoced and adopted this 7th day
of klatch, 1994
Texxance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetbexg moved adoption
of the Resolution Seconded by Council
Member Nagle Canted by the following vote
Yeas —Mayor Duggan, Council Memben
Kluemex, Kneg, Nagle Nicholson, Voetbexg
Nays —None
Communication of City Manager
xecommendmg establishment of a fee of
$10 00 fox the Limited Setback Waiver,
presented and read Council Member
Voetbexg moved that the communication be
xecexced and filed Seconded by Council
klembex Nagle Canted by the following vote
Yeas —Mayor Duggan, Council Memben
Kluemex, Kneg, Nagle, Nicholson, Voetbexg
Nays —None
RESOLUTION NO. 90 -94
RESOLUTION AMENDING
RESOLUTION NO. "2 -93. WHICH
APPROVED A SCHEDULE OF
PLANNING AND ZONING FEES. AS
PROVIDED IN THE ZONING
ORDINANCE AND SUBDIVISION
REGULATIONS OF THE CITY OF
DUBUQUE. IOWA, BY ESTABLISHING
A NEW FEE FOR APPLICATIONS FOR
LIilIITED SETBACK WAIVERS.
Whereas, the City of Dubuque, Iowa,
charges certam fees fot the processing of
apphcatiom pursuant the Zoning Oxdmance
and Subdavinon Regulations of the City of
Dubuque, and
Whereas, the City of Dubuque has adopted
a Zoning Oxdmance xequuing an official
schedule of planning and zoning fees, and
Whereas, the City Council has detexmmed
that the specific amount of such fees should be
set by rewlution
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That Resolution No 72 -93 and
in attached "Schedule of Planning and Zoning
Fees ", i heteby amended by estab1nhmg a
new fee fot applications fot lmuted setback
v aven of $10 00
Section 2 That the City Clerk i heteby
authonzed and directed to publish a complete
copy of this rewlution
Passed, appxoced and adopted this 7th day
of klatch, 1994
Attest
klary A Davis, City Clerk
SCHFl)TTI F CAF PT 1NNTNIC AND
ZONING FEES
Application Fee
Zoning Board of Adtmtment
Variance*
Conditional Use Pexmst*
Appeal
Special Exception
Texxance M Duggan, Mayor
$100
$150
$50
$75
Text Amendment $200
Rezoning* $200 - $50 acte
Nev Planned Dxstnct* $350 - $50 acte
Amended Planned Dist * $200 - $25 acte
Minor Subdavinon Plat $100
Pxelmunary Plat Major Subdavinon
$100 -$lO Lot
Final Plat Major Subdavinon $200
R . - " ^ " . 1 ) 1 - - - -_ r mnusnon
Plan Amendment $100
Simple Subdavinon
Sign Permit Temporary Sign Permit
Temporary Use Permit
1 to 4 days
5 to 15 days
16 to 180 days
Simple Site Plan
Nmox Site Plan
Major Site Plan
Flood Plain Development
Flood Plain Permit $100
Flood Way Permit $500
Lvruted Setback Waiver
Maps $10 to $20
Oxdmance $10 to $20
Reports $lO to $30
Copies $ 10 page
*Additional Charges of $ 50 addressee fot
mailing public notices Caps of $1,000 fot
Rezoning and Amended Planned Dxstnct
$1000 fot New Planned Dxstnct
Published officially m the Telegraph
Herald newspaper the 14th day of March,
1994
It 3 14 Mary A Davis CMC, City Clerk
Council Member Voetbexg moved adoption
of the Resolution Seconded by Council
Member Nagle Canted by the following vote
Yeas —Mayor Duggan, Council Memben
Kluemex, Kneg, Nagle Nicholson, Voetbexg
Nays —None
$10
$10
$25
$50
$100
$10
$100 - $10 acte
$200 - $10 acte
Council recessed at 8 25, Council
reconvened at 8 45 p m
PTIRT.TC HF 4RTNC C1N FTSC AT. YEAR
1995 BUDGET
Proof of Publication certified to by the
Pubhshex on Notice of Meeting on the nuance
of $3,100„000 General Obligation Bonds and
communication of City Manager
xecommendmg to proceed with sale of General
Obligation Fonds m the amount of
$3,100,000 00, presented and read Council
Member Kluesnex moved that the proof and
communication be xecexved and filed
Seconded by Council Member Kneg Caned
by the following vote Teas —Mayor Duggan,
Council Membess Klueinex, Kneg, Nicholson,
Robbins, Voetberg Nays— Council Member
Nagle
RESOLUTION NO. 91 -94
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE ISSUANCE OF
S3.100.000 GENERAL OBLIGATIONS
BONDS
Whereas, pursuant to notice published al
requued by law, this Council has held a public
meeting and heating upon the proposal to
institute proceedings fox the sssuance of
$3,100,000 General Obligation Bondi fot the
essential corporate purpose of paying coin of
the construction reconstruction and xepaumg
of street improvementi and badges, the
construction, reconstruction, extennon,
improvement and equipping of +oiks and
facilities useful fox the collection and deposal
of surface +atess and streams, the
construction, reconstruction, improvement and
extennon of wain and facilities useful fox the
control of +atet pollution, and the acgmntion,
coniruction and equipping of City +aten' oiks
and facilities useful fox providmg potable
+atet to city rendenn, and has conndexed the
extent of objections received from rendenn ox
property ov neti as to said proposed sssuance
of bonds, and, accordingly the following action
i now conndexed to be m the best interesn of
the City and rendenn thereof
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That this Council does heteby
institute proceedings and takes additional
action fox the sale and sssuance m the manner
requued by law of $3,100,000 General
Obligation Bonds fox the foregoing essential
corporate purpose
Section 2 That this Resolution be and does
heteby serve as a declaration of official intent
under Treasury Regulation 1 150 -2, became
the City reasonably expecti to reumbusse with
the proceeds of the Bonds, all ox a portion of
origmal expenditures moaned m connection
with the above purpose
Section 3 The Clerk i authorized and
duected to proceed on behalf of the City with
the sale of said bonds, to select a date fox the
sale thereof to came to be prepared such
notice and sale mkt/nation al may appear
appropriate, to publish and dntabute the same
on behalf of the City and this Council and
othennie to take all action necessary to permit
the sale of said bonds on a ban favorable to
the City and acceptable to the Council
Reaular Session. March 7. 1994 74
Passed, approved and adopted this 7th day
of klatch, 1994
Terrance M Duggan, Mayor
Attest
Mazy A Davis, City Clerk
Council Member Klueiner moved adoption
of the Resolution Seconded by Council
Member Kneg Caned by the following vote
Yea, —Mayor Etady, Council Members
Klueiner, Kneg, Nicholson, Robbins,
Voetberg Nay, — Council Member Nagle
Proofs of Publication certified to by the
Publisher on Notice of Public Heating on
Budget Estimate fox FY '95, Notice of Public
Heating on Five Tear Capital Improvement
Program covering the fiscal year beginning
July 1, 1994 through fiscal year beginning July
1, 1998, Notice of Public Heating fox the
purpose of obtaining the view of rendenn of
the city on Community Development and
Homing Needs, Notice of public heating to
obtam the viewi of citizens, public agencies
and other interested parties concerning a
proposed statement of Community
Development Objective and Projected Use of
funds fox the Community Development Flock
Grant (CDEG) 20th Program Tear, presented
and read Council member Kluesner moved to
receive and file the proofs and
communications Seconded by Council
member Kneg Caned by the following vote
Yea, —mayor Duggan, Council members
Klueiner, Kneg, Nicholson, Voetberg
Nay, — Council member Nagle
PUBLIC INPUT ON FISCAL YEAR
1995 BUDGET:
Bob Rosenov, Rev Richard Thompson,
Rev David Scotchmer, Karen O'Rourke and
Diane Ziegler advising of then intent to
address the Council on matter concerning the
FY 1995 Budget
Council Member Nagle moved to hue five
new Police Officers now and two mote m FY
1996 Seconded by Council Member Robbins
Vote on the motion was as follows
Yea, —mayor Duggan, Council Members
Nagle Robbins Nays — Council Members
Klueiner, Kneg, Nicholion, Voetberg Motion
faded
Council member Voetberg moved to change
funding source fox the STD (Sexually
Transmitted Drea te program to
CDBG funding Seconded by Council
member Kluesner Vote on the motion was al
follows Yea,— Council members Klueiner,
Kneg, Voetberg Nays —mayor Duggan,
Council members Nagle Nicholion, Robbins
motion failed
Council hlembex Nicholson moved to strike
the STD (Sexually Transmitted Drea - e)
Program from the Health Service, Division
Seconded by Council member Nagle Caned
by the following vote Yeas— klayox Duggan,
75 Reaular Session. March 7. 1994
Council klemben Nagle, Nicholson, Robbins
Nay, — Council klemben Kluesnet, Krieg,
Voetbetg
Council Member Voetbetg moved that the
FDR Park Project be amended to provide only
study fund, m the amount of $15,000 Motion
died fox lack of a second
Council Member Krieg moved to set aside
$25,000 fox feasibility study, engmeexmg
cost, and election cost from funding balance
so as to be serous about doing something with
FDR Park Seconded by Council Member
Kluesnet Vote on the motion was as follovis
Yeas— Council Member Kluesnet, Krieg,
Voetbexg Nays —Mayo[ Duggan, Council
Member Nagle Nicholson, Robbins Motion
failed
Council Member Robbins moved to me
$15,000 fot feasibility study fot FDR Park
Seconded by Council Member Voetbexg
Canted by the following vote Yeas —Mayo[
Duggan, Council Member Nagle Robbins,
Voetbexg Nays — Council Member Kluesnet,
Krieg, Nicholson
Council Member Krieg moved to allocate
$50,000 m the C I P fot West Side Park
Seconded by Council Member Kluesnet Vote
on the motion was as follows Yeas— Council
Member Kluesnet, Krieg Nays —Mayo[
Duggan, Council Member Nagle Nicholson,
Robbins, Voetbexg Motion failed
Council Member Voetbexg moved to direct
that $72,000 fot West Side Park be put into
FY '96 C I P Seconded by Council Member
Robbins Caxned by the following vote
Yeas —Mayo[ Duggan, Council Member
Nagle Robbins, Voetbexg Nays — Council
Member Krieg, Nicholson
Council Member Kluesnet moved that they
direct that $70,000 be allocated fot Kelly Lane
thn year and that 2 3 million be included m
the FY '97 Budget Seconded by Council
Member Nicholson Caxned by the following
vote Yeas —Mayo[ Duggan, Council Member
Kluesnet, Krieg, Nagle Nicholson Voetbexg
Nays —None
Council Member Nagle moved that they
mctease funding by $1500 to Information and
Referral Seconded by Council Member
Nicholson Caxned by the following vote
Yeas —Mayo[ Duggan, Council Member
Nagle Nicholson, Robbins Nays— Council
Member Kluesnet, Krieg, Voetbexg
Council recessed at 10 47, Council
reconvened at 11 00 p m
Council Member Nicholson moved to add
$1000 (fot total of $3000) fot Mayo[ Duggan
to list China Seconded by Council Member
Voetbexg Vote on the motion vas follows
Yeas— Council Member Nicholson, Voetbetg
Nay, —Mayo[ Duggan, Council Member
Kluesnet, Krieg, Nagle Robbins Motion
failed
Council Member Nagle moved to restore
the Travel Budget (Conference,, Education &
Ttaiung and City Business) to FY 94
amount Seconded by Council Member
Robbins Vote on the motion was as follovis
Yea, —Mayo[ Duggan, Council Member
Nagle Robbins Nays — Council Member
Kluesnet, Krieg, Nicholson Voetbexg
Motion failed
PUBLIC INPUT FROM THE CITIZENRY
Police Dept
Bob Rosenov spoke giving concerns with
hiting seven mote Police Officer Dick
Roepsch objected to additional Police Officer
stressing concerns with the Pennon funds
Fina.Paiiry l'nmmiuiiratinn= nir} =in.i
No comment
Fire Dept
No comment
No comment
Human Right -
No comment
Building Services
No comment
Health Services
No comment
Park Division
mark Sullivan and Paul Hoffman of the
Roosevelt Park Study Committee requested
some monies to determine alternatives fot u e
of FDR Park
Civic Centex
No Comment
Recreation
No Comment
Libxaxy
No comment
Anport
No Comment
Ttannt
No Comment
Public Woxk Engineering
Jerry Scluoedet of Getaldine Di objected to
asphalt ovexlay on Kelly Lane, stressing that it
should be put back m 1995 with
teconaruction of north half fot $500,000 and
the rest after the construction of badges fot
Highway 20
Hank Webet, 990 Kelly Lane and Ray
Ryan of 765 Kelly Lane both requested that
they do Kelly Lane
Water Division
No Comment
\V tc. Pollution Cnnt.nl Division
No Comment
Operations and klamtenance
No Comment
P�
No Comment
Development
Diane Ziegler que accessibility to the
CIP
David Scotchmex of the Centex of Public
nhniary question how CDEG monies are used
and given to the poor stxesvng that all CDEG
programs should be reviewed, also Economic
Development loans be itemised and that a clear
check and balance be in order
Nonrinai
No Comment
Planning SPreirPL
No Comment
No Comment
City Council
No Comment
City klanagex
No Comment
City Clerk
No Comment
Finance
No Comment
Legal Department
No Comment
Information Semen
No Comment
nance
No Comment
('able TV fivi ?inn
No Comment
Overall City Eudget Comments
Karen O'Rourke of 380 Lowell questioned
various segments of the Eudget process, +nth
some specific statements stressing that the
mayor's salary be increased and that the
Eudget be put in language mote easily
understood
RESOLUTION NO. 92 -94
A RESOLUTION ADOPTING THE
ANNUAL BUDGET AS AMENDED FOR
THE FISCAL YEAR ENDING JUNE 30,
1995
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUEUQLE, IOWA
Section 1 That the annual budget as
amended fot the fiscal year endmg June 30,
1995, as set forth in the Eudget Summary
Certificate and in the detailed budget in
support thereof showing the revenue estimates
and appropriation expenditures and allocations
to programs and activities fot said fiscal year
if adopted, and the City Clerk i directed to
make the filings required by law and to set up
the books iii accordance +nth the summary and
details as adopted
Passed, approved and adopted this 7th day
of klatch, 1994
Terrance M Duggan, Mayor
ltest
Mary A Davis, City Clerk
Council Member Kluesner moved adoption
of the Resolution, as amended Seconded by
Council Member Krieg Caned by the
Reaular Session. March 7. 1994 76
following vote Yea, —Mayor Duggan,
Council Member Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nay,— Council Member
Nagle
RESOLUTION NO. 93 -94
ADOPTION OF FIVE YEAR CAPITAL
IMIPROVEMIENT PROGRAM
Whereas, a recommended five year Capital
Improvement Program fot the period
beginning July 1, 1994 and endmg June 30,
1999 fot the City of Dubuque has been
prepared and submitted to the City Council,
and
Whereas the five year Capital Improvement
Program (1) describes specific capital
improvement prgecti, (2) provides estimated
costs fot those prgecti, (3) proposes sources
of funds fot each of them, and (4) schedules
the year during which each project will be
undertaken, and
Whereas, the capital improvement prgecti
fot the first year axe included in the Fiscal
Tear 1995 budget fot the City of Dubuque,
and
Whereas the five year Capital Improvement
Program will be reconsidered annually by the
City Council and appropriately revised, and
Whereas, the adoption of the five year
Capital Improvement Program if a prudent
meanie to provide continuity of programs and
if in the best interest of the City of Dubuque
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUEUQLE, IOWA
Section 1 That the five year Capital
Improvement Program fot the period
beginning July 1, 1994 as set out in the Fiscal
Year 1995 -1999 Recommended Capital
Improvement Eudget as amended i hereby
approved and adopted as the proposed
allocation of the City resources fot capital
improvementi as scheduled in the years
shown, subject to annual review and revision
Passed, approved and adopted this 7th day
of klatch, 1994
Teixance M Duggan, mayor
ltest
Mary A Davis, City Clerk
Council member Kluesner moved adoption
of the Resolution, as amended Seconded by
Council member Krieg Caned by the
following vote Yeas —mayor Duggan,
Council klemben Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays— Council member
Nagle
Council Member Kluesner moved to amend
the Eudget as presented by manager's
recommendations Seconded by Council
Member Krieg Caned by the following vote
Yeas —mayor Duggan, Council Member
Kluesner, Krieg, Nagle Nicholson Voetberg
Nays —None
Communication of City manager
submitting Ordmance proyidmg fot change in
77 Reaular Session. March 7. 1994
refuse collection fee effective July 1t from
$9 00 a month to $8 50 a month, presented
and lead Council Member Voetberg moved
that the communication be xecerved and filed
Seconded by Council Member Kluemer
Carved by the following vote Yeas —Mayor
Duggan, Council Memben Kluemer, Krieg,
Nagle Nichonon, Voetberg Nay, —None
An Ordmance Amending Code of
Ordinances by enacting a new Section 40 -37
(a) in lieu thereof xelatrrrg to charges- amount,
exceptions by changing fee to eight dollass and
fifty cent, presented and lead
(OFFICIAL PUBLICATION)
ORDINANCE NO. 10 -94
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES
BY REPEALING SECTION 40 -3"
PARAGRAPH (a) RELATING TO
CHARGES - AMOUNTS: EXCEPTIONS
AND ENACTING A NEW SECTION 40 -3"
PARAGRAPH (a) IN LIEU THEREOF
RELATING TO CHARGES - AMOUNTS:
EXCEPTIONS BY CHANGING FEE TO
FIGHT DOLLARS AND FIFTY CENTS.
NOW THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1 That the Code of Ordinances be
amended by xepealmg Sec 40 -37 paragraph
(a) relating to Charges - Amount, Exceptions
and enacting a new Sec 40 -37 paragraph (a)
in lieu thereof relating to Charges - Amount,
Exception, as follows
5.r-
exceptions.
(a) Class I premises. Except as qualified
below, a fee of eight dollass and fifty cent
($8 50) pet dv elimg unit pet month shall be
paid to the city by the property owner of each
class I prenuse fox such service, Said fee
shall be in payment fox collection and deposal
of solid waste and recyclable materials as
defined Exceptions to the collection charges
fox Clan I premises axe a, follows
(1) When a class I prenuse has been
vacant fox a period not less than three
(3) consecutive months, the owner
may apply to the city manager fox a
credit under procedures to be
established by the city manager Such
credit shall continue only so long as
the class I prenuses if vacant
(2) Class I premises when the head of the
household i sixty -five (65) yeas, of
age ox older and has an annual income
equal to ox less than thirteen thousand
six hundred dollar, ($11600 00) fox a
one penon household ox fifteen
thousand five hundred dollass
($15,500 00) fox a two penon
household may, upon application to
the city manager, be exempted from
one -half (12) the established
collection charge After the urinal
application, annual application shall be
fbarees- Amounts:
made by the head of household on July
fist of each year to verify annual
income and eligibility
(3) In case, of extreme financial hardship,
the city manager may, and if hereby
authonxed and empowered to make
adjustment in the monthly collection
charges as the city manager may deem
appropriate In such cases, the city
manager shall have the authority to
requue such proof of vacancy,
financial status, age ox extreme
hat dship as the city manager may
deem necessary
Section 2 This ordmance shall take effect
on the first day of July, 1994
Passed, approved and adopted thn 7th day
ofnlaxch, 1994
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph
Herald newspaper the 16th day of March,
1994
It 3 16 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that
this be considered the fist readmg of the
Ordmance, and that the requirement that a
proposed Ordmance be considered and voted
on fox passage at two Council meetings pilot
to the meeting at which it if to be finally
adopted be suspended and further moved final
adoption of the Ordmance Seconded by
Council Member Kluemer Caned by the
following vote Yea, —Mayor Duggan, Council
Memben Kluemer, Krieg, Nagle Nicholson,
Voetberg Nays —None
At 11 36 p m Council Member Kluemer
moored to go into Closed Session m accordance
with Chapter 21 5 1 (j) To dncuss the
purchase of particular teal estate where
premature dnclonne could be reasonably
expected to urcxease the pace the
governmental body would have to pay fox that
property and in accordance with Chapter 21 5
1 (c) To discuss strategy with counsel
matten that axe presently in litigation
Seconded by Council Member Voetberg
Canted by the following vote Yeas —Mayor
Duggan, Council Memben Kluemer, Krieg,
Nagle, Nicholson, Voetberg Nay, —None
Council reconvened Regular Session at
12 16 a m There being no further business,
Council Member Kluemer moved that the
meeting be adjourned Seconded by Council
Member Voetberg Caned by the following
vote Yeas —Mayor Duggan, Council Memben
Kluemer, Krieg, Nagle Nicholson, Voetberg
Nays —None Meeting adjourned at 1217
a m March 8, 1994
Mary A Davis CMC
City Clerk
Approved 1995
Adopted 1995
Attest
Mayor
Council members
City Clerk
Reaular Session. March 7. 1994 78
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, March 21, 1994
Council Met at 7 30 p m, Public Library
Auditorium
Present Mayor Duggan, Council Membess
Kluesnex, Krieg, Nagle Nicholson, Robbins,
Voetbeig, City Manager Michael C Van
hhlligen, Corporation Counsel Batty A
Lmdahl
Mayor Duggan lead the call and stated this
is the Regular Session of the City Council
called fox the purpose to act upon such
business which may properly come before the
Council
Invocation was given by Pastor D L Dxlte
of the Rockdale and Centex Grove Methodist
Church
PROCLAMATION Month of April as "Fair
Housing hlonth" received by Human Right -
Duectoi Charles Azebeokhai
Council Member Nagle moved to suspend
the rules to allow anyone present to address
the Council Seconded by Council Member
Voetbeig Canned by the following vote
Yea, —Mayor Duggan, Council Members
Kluesner, Krieg, Nagle Nicholson, Voetbeig
Nays —None
Proof of publication certified to by the
Pubbshet on Notice of Public Heating to
consider reclassifying pioperty at 3219 Asbury
Road fiom R -1 to R -2 Distract as requested by
Steve & Gretchen Kuch, presented and lead
There wen no t +rotten objections received and
no oral objectoss present at the time of the
Hearing Council Member Kluesnei moved
that the proof be received and filed Seconded
by Council Member Nicholson Canned by the
following vote Yeas —Mayor Duggan, Council
Members Kluesner, Krieg, Nagle Nicholson,
Voetbeig Nays —None
Steve Ruch spoke requesting adoption of
the Oidmance
An Oidmance Amendmg Zoning Oidmance
by reclassifying pioperty located at 3219
Asbury Rd fiom R -1 Single Family
Residential Distract to R -2 Two -Family
Residential Distract, with conditions, said
Oidmance having been presented and lead at
the Council Meeting of 2- 21 -94, presented fox
furthei action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 11 -94
Reaular Session. March 21. 1994 80
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3219
ASBURY ROAD FRONI R -1 SINGLE -
FAMIILY RESIDENTIAL DISTRICT TO
R -2 TWO - FAMILY RESIDENTIAL
DISTRICT. \PITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That the Code of Oidmances of
the City of Dubuque, Iowa be amended by
tensing Appendix A thereof also known as
the Zoning Oidmance of the City of Dubuque,
Iowa, to reclassify heiemaftei described
pioperty fiom R -1 Single- Family Residential
Distract to R -2 Two- Family Residential
Distract, with conditions as stated m the
attached Memoiandum of Agreement, to wit
Lot 2 of Lot 1 of Lot 2 of Stecher Place, and to
the centei line of the adjommg public tight-of-
way, all in the City of Dubuque, Iowa
Section 2 That the performance standards
as stated m the attached Memoiandum of
Agreement axe as follows
The conditional use permit fox a
chnopiactic office on the premises be
rescinded by the Zoning Board of Adjustment
Section 3 That the foregoing amendment
has heretofore been ieviewed by the Zoning
Commission of the City of Dubuque, Iowa
Passed, approved and adopted this 21st day
of Match, 1994
Terrance, M Duggan, Mayor
ATTEST
Mary A Davis, City Clerk
MIFMIORANDUMI OF AGRFFMIFNT
Pursuant to the Iowa Code Section 414 5
(1991), and as an express condition of
teeorung of the pioperty described as
Lot 2 of Lot 1 of Lot 2 of Stecher Place, and to
the centei line of the adjommg public tight-of-
way, all m the City of Dubuque, Iowa
which is the subject of Ordinance No 11 -94,
a copy of which is attached hereto and
incorporated hetem by reference, the
undetagned property owner(s), Todd Sputlmg
and Jane Sputlmg, agree(s) to the following
conditions, all of which the pioperty over
furthei agrees axe reasonable and axe unposed
to satisfy public needs which axe caused
directly by the rezoning
A) Performance Standards
1) The conditional use permit fox a
chiropractic office be rescinded by
Zoning Board of Adjustment
E) Reclassification of the Subject
Property
81 Reaular Session. March 21. 1994
The City of Dubuque, Iowa may untiate
zoning reclassification proceedings to the
R -1 Single -Family Residential Dirtnct if the
property ow net fails to complete any of the
conditions ox ptovirions of this Agreement,
includmg, but not lumted to, the standards
noted m Item 1
C) Modifications
Any modifications of this Agreement must
be approved by the City Council of
Dubuque, Iowa
D) Recoxdmg
A copy of this Agreement shall be xecoxded
with the Dubuque County Recoxdex as a
permanent xecoxd of the conditions
accepted as part of this teeoning approval
within ten (10) days of the adoption of
Otdmance No 10 -94
E) Construction
This Agreement shall be construed and
urtetpteted as though it vate part of
Appendix A of the Code of Otdmances of
the City of Dubuque, also known as the
Zoning Otdmance of the City of Dubuque,
Iowa
F) This Agreement shall be bindmg upon the
undeingned and his het hens, successor
and assignees
ACCEPTANCE OF ORDINANCE NO 11-
94
We, Todd and Jane Spmlmg, having read
the terms and conditions of the foregoing
Ot durance No 11 -94 and being familiar with
the conditions thereof hereby accept this same
and agree to the conditions tequued thetem
Dated at Dubuque, Iowa this 21st day of
March, 1994
Ey s s Todd Sputhng
Ey s s Jane Sputhng
Published officially m the Telegraph
Herald newrpapet this 28th day of March,
1994
Mary A Davis CMC
It 3 28 City Clerk
Council Member Kluesnet moved that this
be considered the second teading of the
Ordinance, and that the tequuement that a
proposed Ordinance be considered and voted
on fox passage at two Council meetings pilot
to the meeting at which it ir to be finally
adopted be suspended and further moved final
adoption of the Otdmance Seconded by
Council Member Nicholson Coined by the
following vote Tea,— klayox Duggan, Council
klemben Kluesnet, Krieg, Nagle Picholson,
Voetbexg Nays —None
Proof of publication certified to by the
Pubhihet on Notice of Public Hearing to
Amend Section 8 Definition, of the Zoning
Otdmance Definition fox Vehicle
Service Repair and communication from Jame,
G Kalb to table ox adjourn this meeting to 4 -4
ox 4 -18, presented and read There vate no
written objections xecerced Council klembex
Nicholson moved that the proof and
communication be xecerced and filed
Seconded by Council Member Kluesnet
Carried by the following vote Teas —Mayor
Duggan, Council Memben Kluesnet, Krieg,
Nagle, Nicholson, \'oetbexg Nay, —None
An Ordinance Amending Zoning Otdmance
by adding a new Definition m Section 8 fox
Vehicle Service Repair, said Otdmance having
been presented and read at the Council
sleeting of 2- 21 -94, presented fox ftirthet
action Council Member Krieg moved that
action on this Otdmance be tabled until the
Aptil 4th Council sleeting Seconded by
Council Member \'oetbexg Vote on the
motion war al follow Tea,— klayox Duggan,
Council klembex, Krieg, \'oetbexg
Nay,— Council klembex, Kluesnet, Nagle
Picholson, Robbins Motion failed
Council Member Robbins moved that this
be considered the second teading of the
Otdmance, and that the xequuement that a
proposed Otdmance be considered and voted
on fox passage at two Council meetings pilot
to the meeting at which it ir to be finally
adopted be suspended and further moved final
adoption of the Otdmance Seconded by
Council Member Picholson No vote taken on
the motion
Council Member Nicholson moved that the
Public Hearing on this Otdmance be tabled to
the Council sleeting of ,April 18, 1994
Seconded by Council Member Kluesnet
Canted by the following vote Teas —Mayor
Duggan, Council klemben Kluesnet, Krieg,
Nagle, Picholson, Voetbexg Nay, —None
Proof of publication certified to by the
Pubhihet on Notice of Public Hearing to
amend the Zoning Otdmance to adopt Height
testnctions that axe necessary fox the operation
of the E -911 communication equipment
throughout the City, presented and read
Council Member Kluesnet moved that the
proof of publication be tecenad and filed
Seconded by Council Member Robbins
Canned by the following vote Teas —Mayor
Duggan, Council Memben Kluesnet, Krieg,
Nagle, Nicholson, Voetbexg Nay, —None
An Otdmance amending Zoning Otdmance
by adding a new Section 2 -5 11 Restricted
Height (RH) Ovexlay Dirtnct Relating to
Structure Height m the Path of the E -911
Communication System, said Otdmance
having been given the fort teading at the
Council sleeting of 2- 21 -94, presented fox
fuxthet action
County Zoning Azn tant ,Adimnntxatox
John Klauex spoke to the matter
(OFFICIAL PUBLICATION)
ORDINANCE NO. 12 -94
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
ZONING ORDINANCE OF THE CITY
OF DUBUQUE, IOWA, BY ADDING A
NEW SECTION 2 -5.11 RESTRICTED
HEIGHT (RH) OVERLAY DISTRICT
RELATING TO STRUCTURE HEIGHT
IN THE PATH OF THE E -911
COMMUNICATION SYSTEM.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 Appendix A of the City of
Dubuque Code of Ordmances i hereby
amended by addmg the following new Section
2 -5 11 Reancted Height (RH) Ovet lay Di tact
Relating to Structure Height, al follow
"Section 2 -511 Reancted Height (RH)
Overlay Di tact It IL recognized that m
addition to height reanctions m other sections
of this ordmance, certam areas shall need to be
further restricted m terms of height of
structures ox natural objects Such teanctions
ate necessary fox emergency communication
tr anmnsion and reception and other
legitimate public safety concerns Such areas
Mall be identified on the zoning map al
Restricted Height (RH) Overlay zones Such
designation shall not affect usage of the
piopetty within the panametet of it zoning
clainfication except that no structure shall be
allowed to exceed the height above sea level
specified m the RH designation No variance
shall be granted to the restricted height zone
The following areas shall be designated as RH
zones
a) Astnp of land one - hundred feet (100) wide
from the communication towel at
Sunnycrest Cate Facility to the
communication towel at the PeoLta Water
Ton t, insofar as Laid step of land exral
within the corporate 1vmt of the City of
Dubuque The maximum height allowed m
thss corridor Lhall be one- thouLand feet
(1,000) above mean Lea level as determined
by a qualified engineer livened under the
lat+ L of the State of Iowa
b) ALtrip of land one - hundred feet (100) wide
extending a point which IL 670 feet above
mean Lea level at the Dubuque Law
Enforcement Centex to a point which IL 930
feet above mean Lea level at Sunnycrest
Manor m which no structure may be built
to a height exceedmg the relative height of
a line drawn between these two elevations
The maximum height allowed m this
corridor shall be determined by a qualified
engineer licensed under the lat+L of the
State of Iot +a
Section 2 That the foregoing amendment
has heretofore been renewed by the Zoning
Commnnon of the City of Dubuque, Iowa
Section 3 MIL ordmance shall take affect
immediately upon publication, as provided by
law
Parted, approved and adopted this 21st day
of klatch, 1994
Terrance M Duggan, Mayor
Reaular Session. March 21. 1994 82
Attest
Mary A Davit, City Clerk
Published officially m the Telegraph
Herald newLpaper thn 28th day of March,
1994
It 3 28 Mary A Davu CMC, City Clerk
Council Member Kluesner moved that this
be considered the second readmg of the
Ordmance, and that the requnement that a
proposed Ordmance be considered and voted
on fox passage at two Council meetings pilot
to the meeting at which it IL to be finally
adopted be suspended and narthex moved final
adoption of the Ordmance Seconded by
Council Member Robbins Canned by the
following vote Yeas —Mayor Duggan, Council
Membess Kluesner, Krieg, Nagle Nicholson,
Voetberg Nays —None
Proof of publication certified to by the
Publisher on Notice of Public Heating to
consider adopting Phase I of the
Comprehensive Plan, presented and lead
There were no t +rotten objections received and
no oral objectoi present at the time of the
Heating Council Member Robbins moved
that the proof be received and filed Seconded
by Council Member Voetberg Canned by the
following vote Yeas —Mayor Duggan, Council
Membess Kluesner, Krieg, Nagle Nicholson,
Voetberg Nays —None
Dr Paul Laube of 1720 Overview
commended Staff fox all then hard wink
RESOLUTION NO. 94 -94
A RESOLUTION ADOPTING PHASE
I OF THE COMPREHENSIVE PLAN
OF THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk Phase I of the Compxehennve Plan of
the City of Dubuque, Iowa, and
Whereas, Laid plan has been examined by
the Long Range Planning CommnLion and
had it approval endoied thereon, and
Whereas, Laid plan has been examined by
the City Council and they find it IL compatible
with City goals and oxdmanceL, and also with
Chapter 80 of the Iowa Adimnntxatrve Code
pertaunng to the Community Builder Program,
and
Whereas, the City Council concuss m the
conditions of approval as established by the
Long Range Planning CommnLion and by the
Section 36 -1 of the Code of OxdmanceL of the
City of Dubuque, Iowa
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That Phase I of the
Comprehensive Plan IL hereby accepted and
approved, and the Mayor and City Clerk axe
hereby authorized and duected to endoie the
approval of the City of Dubuque, Iowa, upon
Laid Phase I of the Comprehensive Plan
Section 2 That Phase I of the
Comprehensive Plan IL hereby transmitted m
accordance with Chapter 80 of the Iowa
8?
Dan,Jar gaccinn Mtrrh 71 199A
Adnuistratna Code pertaining to the
Community Builder Program, to the Ion +a
Department of Economic Development
Passed, approved and adopted this 21st day
of klatch, 1994
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution Seconded by Council
Member Voetberg Carried by the following
vote Yea, —Mayor Duggan, Council Members
Kluesner, Krieg, Nagle Nicholson, Voetberg
Nay, —None
Proof of publication certified to by the
Pubhiher on Notice of Public Hearing to
consider adopting Dubuque Riverfront Plan
and itt Action Agenda, presented and read
There were no written objections received
Council Member Voetberg moved to receive
and file the proof of publication Seconded by
Council Member Nagle Carried by the
following vote Yea,— Mayor Duggan, Council
Members Kluesner, Krieg, Nagle Nicholson,
Voetberg Nays —None
David Rusk of the Long Range Planning
Comm and Paul Laube of 1720 Overview
endorsed the proposed plan Michael
Ereitbach of 1102 Ion +a St voiced toxic
concerns Dean Rampson stated that his
concern +as of too high a density m the 4th St
at ea
RESOLUTION NO. 95 -9a
A RESOLUTION APPROVING THE
DUBUQUE RIVERFRONT PLAN, AND
ITS ACTION AGENDA, OF THE CITY
OF DUBUQUE, IOWA.
Whereat, there has been filed with the City
Clerk the Dubuque Riverfiont Plan, and it
Action Agenda, of the City of Dubuque, Ion +a,
and
Whereas, said Riverfiont Plan and Action
Agenda has been examined by the Long Range
Planning Commission and had itt approval
endorsed thereon, and
Whereas, said Riverfiont Plan and Action
Agenda have been examined by the City
Council and they find it it compatible with
City goals and ordinances, and
Whereas, the City Council concuss m the
conditions of approval established by the Long
Range Planning Commission
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA
Section 1 That the Dubuque Riverfiont
Plan and itt Action Agenda are hereby
accepted, and
Section 2 That the Dubuque Rsverfiont
Plan and itt Action Agenda are hereby
approved, and the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Ion +a, upon
said Riverfiont Plan and Action Agenda
Passed, approved and adopted this 21st day
of klatch, 1994
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution Seconded by Council
Member Nagle Carried by the following vote
Yea,— Mayor Duggan, Council Members
Kluesner, Krieg, Nagle Nicholson, Voetberg
Nay, —None
BOARDS AND COMIMIISSIONS:
ZONING BOARD OF ADJUSTMIENT:
Communication of Terry Cicciarelh advising
that she it not reapplying for another term on
the Zoning Board of Adjustment, presented
and read Council Member Kluesner moved
that the communication be received and filed
and accepted with regret Seconded by
Council Member Voetberg Carried by the
following vote Yea,— Mayor Duggan, Council
Members Kluesner, Krieg, Nagle Nicholson,
Voetberg Nays —None
INVESTMIENT OVERSIGHT
COMIMIISSION:
One unexpired term which will expire 7 -1-
95 (term of Terry Duggan) Applications
Gary L Ruden, Richard Stem Ml. Stem and
Mr Ruden both requested appointment to the
Commission Vote on the appointment +as as
follows Mayor Duggan voted for Ruden,
Council Member Kluesner voted for Stem,
Council Member Krieg voted for Stem,
Council Member Nagle voted for Stem,
Council Member Nicholson voted for Stem,
Council Member Robbins voted for Ruden,
Council Member Voetberg voted for Stem
Therefore Richard Stem appointed to the
Inve,tment Ovessrght Comni „ion for an
unexpired term which will expire 7 -1 -95
Communication of Rev David Scotchmer
requesting to speak regandmg Community
Development Block Gant Funds Allocation,
presented and read Rev Scotchmer as V P
of CHDO requested that 1) the Council
endorse CHDO, 2) authorize David Harass to
Board, and 3) that they work for allocation of
funding Gayle Randolph of ECIA spoke
clarifying that CHDO it a separate forum from
the Office of Public M sniary and that CHDO
needs the endorsement of the City Council
Ilember Kluesner moved to receive and file
the communication Seconded by Council
Mlember Nagle Carried by the following vote
Yea,— Mlayor Duggan, Council Members
Kluesner, Krieg, Nagle Nicholson, Voetberg
Nay, —None
Communication of Robert 1 Hough
objecting to a sewer assessment at 2634
Univessity Ave , presented and read Council
Member Kluesner moved that the matter be
received and filed and referred to Staff with
Corporation Counsel, City Manager and City
Engineer to review and report back at the next
meeting Seconded by Council Member
Nicholson Caned by the following vote
Yea, —Mayor Duggan, Council Membess
Kluemex, Krieg, Nagle Nicholson, Voetbexg
Nay, —None
Ms Hough stated that he agrees to pay a
fee but not the assessed amount of $1614 20
Attorney Joe Eiffel on behalf of Ms Hough
stated that this Ordinance does not apply to his
client
Communication of City Manager requesting
approval of participation m the Entexpxi e
Community application process, presented and
read Council Member Nagle moved that the
communication be xecexced and filed and
participation appxoced Seconded by Council
Member Robbins Caned by the following
vote Yea,— Council Membess Kluemex,
Krieg, Nagle, Nicholson, Robbins, Voetbexg
Nays —Mayor Duggan
RESOLUTION NO. 96 -94
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQLE, IOWA
That the following having complied with
the pxovinons of law relating to the sale of
Cigarettes within the City of Dubuque, Ion +a,
be granted a permit to sell Cigarettes and
Cigarette Papers within said City
The Yard Arm, Inc Yardarm Restaurant Bat
1201 Shnas Ext
Passed, appxoced and adopted this 21st day
of Match, 1994
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Kluemex moved adoption
of the Resolution Seconded by Council
Member Nagle Caned by the following vote
Yea, —Mayor Duggan, Council Membess
Kluemex, Krieg, Nagle Nicholson, Voetbexg
Nay, —None
RESOLUTION NO. 9 " -94
Whereas, application, fot Liquor Licemes
have been submitted to this Council fot
appx oval and the same have been examined
and appxoced, and
Whereas, the pxemnes to be occupied by
such applicant inspected and found to
comply with the State Law and all City
Otdu>arrces relevant thereto and they have filed
proper bonds
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQLE, IOWA
That the Manager be authorized to came to
be issued the following named applicant
a Liquor Liceme
CLASS "E" (HOTEL- MOTEL) BEER AND
LIQUOR LICENSE
Dubuque Hn,toxic Improvement Co
The Redstone Inn
504 Bluff St
CLASS "C" (COnMffRCIAL) BEER AND
LIQUOR LICENSE
Reaular Session. March 21. 1994 84
Elaine Kelly
DebxaL George
Kelly's
Highway 20 West
Park Square
600 Central
The Yard Arm, Inc
Yard Arm Restaurant Bar
1201 Shnas Ext
Passed, appxoced and adopted this 21st day
of Match 1994
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Kluemex moved adoption
of the Resolution Seconded by Council
Member Nagle Caned by the following vote
Yea, —Mayor Duggan, Council Membess
Kluemex, Krieg, Nagle, Nicholson, Voetbexg
Nay, —None
Council recessed at 8 57 p m Council
reconvened at 9 10 p m
Communication of City Manager
subnutting documents to nntiate the Brunskill
Sanitary Sep +et Extension Project, presented
and read Council Member Voetbexg moved
that the communication be xecexced and filed
Seconded by Council Member Nagle Caned
by the following vote Yeas —Mayor Duggan,
Council Members Kluemex, Krieg, Nagle
Nicholson, Voetbexg Nay, —None
RESOLUTION NO. 98 -94
PRELIMINARY APPROVAL OF PLANS
AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQLE, IOWA
That the proposed plans, specifications,
form of contract and estimated cot fot the
Erunskill Road Sanitary Sep +et Extension, m
the estimated amount of $88,455 00, axe
hereby appxoced and oxdexed filed m the office
of the City Clerk fot public inspection
Passed, adopted and appxoced this 21st day
of klatch, 1994
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetbexg moved adoption
of the Resolution Seconded by Council
Member Nagle Caned by the following vote
Yea, —Mayor Duggan, Council Membess
Kluemex, Krieg, Nagle, Nicholson, Voetbexg
Nay, —None
RESOLUTION NO. 99 -94
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Ion +a has given it pxelmmnary
approval on the proposed plans, specification,
and limn of contract and placed same on file m
the office of the City Clerk fot public
inspection of the Brunskill Road Sanitary
Sew et Extension
85 Reaular Session. March 21. 1994
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That on the 18th day of April, 1994, a
public hearing will be held at 7 30 p m m the
Public Library Audatorrum at which time
interested penons may appear and be heard
fox or against the proposed plans and
Lpecrficatrow, form of contract and colt of
Lard unptovement, and the City Clerk be and
rL
heteby duected to came a notice of tune and
place of Luch hearing to be published m a
newspaper havmg genetal cuculatron m the
City of Dubuque, Iowa, which notice shall be
not lest, than four days not more than twenty
days prror to the day fixed fot rt
consideration At the heating, any interested
pesson may appear and file objectronL to the
proposed plan, specifications, contract, or
estimated cost of the improvement
PaLLed, adopted and approved thn 21st day
of klatch, 1994
Terrance M Duggan,
Mayor
Attest
Mary A Davi , City Clerk
Council Member Voetberg moved adoption
of the Resolution Seconded by Council
Member Nagle Canned by the following vote
Yeas —Mayor Duggan, Council Member
Kluesner, Krreg, Nagle, Nicholson, Voetberg
Nays —None
RESOLUTION NO. 100 -94
RESOLUTION OF NECESSITY
Whereas, proposed plain have been duly
prepared and approved by the City Council of
the City of Dubuque and axe now on file m the
office of City Clerk Lhov mg among other
things the plain, specifications, form of
contract, estimated cost and preliminary plat
and schedule Lhov mg the amount proposed to
be assessed against each lot and the valuation
of each lot as filed by the City Council, fot the
ErunLkill Road Sanitary Sent Extension
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That the City Council deems rt advisable
and necessary fot the public welfare to make
the hetem mentioned improvement, and
unless property °n en at the time of the final
consideration of thn proposed resolution have
on file with the City Clerk objectionL to the
resolution of neceinty, they shall be deemed to
have waived all objectionL pertaining to the
tegulaxrty of the proceeding and the legality of
wing the Lpectal assessment procedure
Said imptovemenn shall be constructed and
done m accordance with the plain and
specifications which have been approved by
the City Council and now on file with the City
Clerk That the cost and expense of making
such improvement will be assessed partially or
totally against prrvately owned property lying
with the assessment hnut, and m an amount
not to exceed that provided by law, and m
proportion to the Lpectal benefit conferred
The portion of the cox which Lhall be borne
by the City will be paid from Sent
Construction Funds, and special assessment
bonds may be issued m anticipation of
deferred payment of assessment when a
contract has been performed and accepted, and
the proceeds thereof wed to pay the
contractor
The above resolution vas introduced,
approved and ordered placed on file with the
City Clerk thn 21st day of klatch, 1994
Approved and placed on file fot final action
Terrance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution Seconded by
Council Member Nagle Canned by the
following vote Yeas —Mayor Duggan, Council
Memben Kluesner, Krreg, Nagle Nicholson,
Voetberg Nays —None
RESOLUTION NO. 101 -94
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Ion +a, has given in prelmunaxy
approval on the proposed plan, specifications
and limn of contract and placed Lame on file m
the office of the City Clerk fot public
inspection, fot the ErunLkill Road Sanitary
Sew et Extension, and,
Whereas, the proposed Resolution of
Neceinty fot Land improvement has been
introduced and is now on file m the City
Clerk's office fot public inspection
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That on the 18th day of April, 1994, a
public heating will be held at 7 30 o'clock p m
m the Public Library Audatorrum m the City of
Dubuque at +hsch time the ov nen of property
subject to assessment fot the proposed
improvement or any other person havmg an
interest m the matter may appear and be heard
fot or against the making of the improvement,
the boundaries of the drtrrct, the cost, the
assessment against any lot, or the final
adoption of a resolution of neceinty and the
City Clerk be and is heteby authorised and
duected to cause a notice of tune and place of
such heating to be published m a newspaper
having genetal cuculation m the City of
dubuque, Ion +a, which notice shall be
published once each week fot two consecutive
weeks, the first publication of which shall be
not lest, than ten days /mot to the day fixed fot
rt consideration Unless property owness at
the time of the final consideration of thn
proposed resolution have on file with the City
Clerk objectionL to the Resolution of Neceinty
they shall be deemed to have waived all
objectronL thereto
Passed, adopted and appxoced this 21st day
of March, 1994
Texxance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetbexg moved adoption
of the Resolution Seconded by Council
nlembex Nagle Canted by the following vote
Yeas —Mayor Duggan, Council Membess
Kluesnex, Kneg, Nagle Nicholson, Voetbexg
Nays —None
RESOLUTION NO. 102 -94
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY CODICIL OF THE CITY OF
DUBUQUE, IOWA
That the attached sheets, 1 to 1 inclusive,
ate heteby determined to be the schedule of
proposed assessments fot the Brunskill Road
Samtary Sent Extension and the valuations
set out herein axe heteby appxoced
Passed, appxoced and adopted this 21st day
of March, 1994
Reaular Session. March 21. 1994 86
Texxance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetbexg moved adoption
of the Resolution Seconded by Council
nlembex Nagle Canted by the following vote
Yeas —Mayor Duggan, Council Membess
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nays —None
Communication of the Zoning Commission
advising of theu approval to amend the PR
Planned Residential Distract - Hillcxest
Apartments, 3290 Hillcxest, (Alan H Israel),
presented and read Council klembex
Kluesnex moved that the communication be
xecexced and filed Seconded by Council
klembex Nagle Canted by the following vote
Yeas— klayox Duggan, Council klembess
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nays —None
An Otdmance Amendmg Zoning Ordinance
fot property located at 3290 Hillcxest Road to
amend an existing PR Planned Residential
Distract fot Hillcxest Apartments and Adopt an
Amended Conceptual Development Plan,
presented and read Council klembex
Kluesnex moved that this be considered the
first reading of the Ordinance, and that the
xequuement that a proposed Ordinance be
considered and voted on fot passage at two
Council meetings pnox to the meeting at which
it is to be finally adopted be suspended and
further moved that a Public Hearing be held on
the Ordinance at the Council sleeting of 4 -4-
94 at 7 30 p m m the Public Library
Auditorium and that the City Clerk publish
notice m the manner pxescnbed by law
Seconded by Council klembex Nagle Canted
by the following vote Yeas— klayox Duggan,
Council Members Kluesnex, Kneg, Nagle
Nicholson, Voetbexg Nays —None
Communication of Zoning Commission
advising of theu denial to zoning request of
Robert Feldexman fot property at 3049 Asbury
Rd ftom C -2 to C -3, with conditions,
presented and read Council klembex
Voetbexg moved that the communication be
xecexced and filed Seconded by Council
klembex Nicholson Canted by the following
vote Yeas— klayox Duggan, Council klembess
Kluesnex, Kneg, Nagle, Nicholson, Voetbexg
Nays —None
An Otdmance amending the Zoning
Otdmance of the Code by reclassifying 3049
Asbury Rd ftom C -2 Neighborhood Shopping
Centex Distract to C -3 General Commercial
Distract, with conditions, (denied by
Commission), presented and read Bob
Feldexman and Sieg Auto Parts requested that
this be set fot Public Hearing Council
klembex Voetbexg moved that it be set fot
Public Hearing on 4 -4 -94 at 7 30 p m m the
Public Library Auditorium and that the City
Clerk publish notice m the manner xequued by
law Seconded by Council klembex Nicholson
Canted by the following vote Yeas— klayox
Duggan, Council klembess Kluesnex, Kneg,
Nagle Nicholson, Voetbexg Nays —None
Communication of Zoning Commission
advising of theu approval fot a new definition
fot retail the service, presented and read
Council Member Kluesnex moved that the
communication be xecexced and filed
Seconded by Council Member Robbins
Canted by the following vote Yeas —Mayor
Duggan, Council Membess Kluesnex, Kneg,
Nagle Nicholson, Voetbexg Nays —None
An Ordinance Amending Zoning Ordinance
by adopting a Definition fot "Retail
Sales Service" m Section 8, Definitions,
presented and read Council Member
Kluesnex moved that this be considered the
first reading of the Ordinance, and that the
xequuement that a proposed Ordinance be
considered and voted on fot passage at two
Council meetings pnox to the meeting at which
it is to be finally adopted be suspended and
further moved that a Public Hearing be held on
the Ordinance at the Council sleeting of 4 -4-
94 at 7 30 p m m the Public Library
Auditorium and that the City Clerk publish
notice m the manner pxescnbed by law
Seconded by Council Member Robbins
Canted by the following vote Yeas —Mayor
Duggan, Council Membess Kluesnex, Kneg,
Nagle Nicholson, Voetbexg Nays —None
Communication of Zoning Commission
advsng of then approval fot an amendment to
Section 42 -19(b) of the Subdivision
Ordinance, to permit - ingle family lot splits fot
1 lot line townhouses, presented and read
Council klembex Kluesnex moved that the
87 Reaular Session. March 21. 1994
communication be xecexced and filed
Seconded by Council Member Voetberg
Canted by the following vote Teas —Mayor
Duggan, Council Memben Kluesnex, Krieg,
Nagle Nicholson, Voetberg Nays —None
An Ordmance Amending the Code of
Ordmances by xepealmg Section 42 -19(b) and
adopting m lieu thereof a new Section 42-
19(b) permuting to Lot Area and Dune/mom,
presented and read Council Member
Kluesner moved that this be considered the
nix readmg of the Ordmance, and that the
requirement that a proposed Ordmance be
considered and voted on fot passage at two
Council meetings prior to the meeting at which
it n to be finally adopted be suspended and
further moved that a Public Hearing be held on
the Ordinance at the Council sleeting of 4 -4-
94 at 7 30 p m m the Public Library
Auditorium and that the City Clerk publish
notice in the manner prescribed by law
Seconded by Council Member Voetberg
Canted by the following vote Yeas —mayor
Duggan, Council Member Kluesner, Krieg,
Nagle Nicholson, Voetberg Nays —None
Communication of Acting City Manager
requesting that a public hearing be held on the
amended Voluntary Annexation of City -
Owned North west Arterial Right of Way,
presented and read Council Member
Voetberg moved that the communication be
received and filed and set matter fot Public
Heating on 4 -4 -94 at 7 30 p m m the Public
Library Auditorium and that the City Clerk
publish notice m the manner prescribed by
law Seconded by Council Member Nagle
Canted by the following vote Yeas —Mayor
Duggan, Council Member Kluesnex, Krieg,
Nagle Nicholson, Voetbexg NayL —None
Communication of City Manager
Lubnutting document, initiating the Water
Plant Phase II Hydraulic and Electrical
Improvement, and the Fourth Water PxeLLute
Zoning Improvements, presented and read
Council Member Krieg moved that the
communication be received and filed
Seconded by Council Member Nicholson
Canted by the following vote Yeas —Mayor
Duggan, Council Members Kluesnex, Krieg,
Nagle Nicholson, Voetbexg NayL —None
RESOLUTION NO. 103 -94
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
WAhereas, the pxopoLed plan, specification
and form of contract fot the Water Plant Phase
II Hydraulic and Electrical Improvements and
Fourth Water PxeLLute Zone Impxovementl m
the estimated amount of $1,296,000 have been
pxepaxed by Fox Engineers under the direction
of the City
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUEUQLE, IOWA
Section 1 The proposed plans,
specification,, and form of contract are
approved and ordered filed m the office of the
City Clerk fot public inspection
Passed, approved and adopted thn 21st day
of klatch, 1994
Texxance M Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution Seconded by Council Member
Nicholson Canted by the following vote
Yeas —Mayor Duggan, Council Member
Kluesnex, Krieg, Nagle Nicholson, Voetberg
Nays —None
RESOLUTION NO. 104 -94
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa, has given in pxelmunary
approval of the proposed plans, specifications,
and firm of contract and placed same on file m
the office of the City Clerk fot the Water Plant
Phase II Hydraulic and Electrical
Improvements and Fourth Water Pressure
Zone Improvements
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUEUQLE, IOWA
Section 1 That on the 2nd day of slay,
1994, a public heating will be held at 7 30
p m m the Public Lrbxary Auditorium at
which time interested penoni may appear and
be heard fot ox against the proposed plans and
specifications, form of contract and cost of
Laid improvement, and the City Clerk be and
is hereby directed to cauLe a notice of tune and
place of Luch hearing to be published m a
newspaper having general circulation m the
City of Dubuque, Iowa, which notice Lhall be
not leLL than four dayL not mote than twenty
dayL prior to the day fixed fot it
consideration At the hearing, any interested
person may appear and file objection to the
pxopoLed plans, specification, form of
contract, ox estimated cost of the improvement
PaLLed, approved and adopted thn 21st day
of nlaxch, 1994
Teriance Id Duggan, hlayox
Attest
Mary A Davit, City Clerk
Council hlembex Krieg moved adoption of
the Resolution Seconded by Council hlembex
Nicholson Carried by the following vote
Yeas— h1ayox Duggan, Council members
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nays —None
RESOLUTION NO. 105 -94
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUEUQLE, IOWA
Section 1 That the project titled Watet
Plant Phase II Hydraulic and Electrical
Impxovementl and Fourth Watet PxeLLute
Zone Improvement i heteby oxdexed to be
advertised fox bids fox construction
Section 2 That the amount of the security
to accompany each bid shall be m an amount
which shall conform to the provisions of the
notice to bidden heteby approved al part of
the plans and specifications heretofore
adopted
Section 3 That the City Clerk n heteby
du ected to adverts a fox bids fox the
construction of the improvement hexem
provided to be published m a newspaper
having general circulation m the City of
Dubuque, Iowa, which notice shall not be less
than four days not mote than twenty days
prior to the receipt of said bids at 2 00 p m on
the 21st day of April, 1994 Eids shall be
opened and lead by the City Clerk at said time
and will be submitted to the Council fox final
action at 7 30 p m on the 2nd day of Ilay,
1994
Passed, approved and adopted this 2 21st day
of klatch, 1994
Terrance M Duggan, Mlayor
Attest
hlary A Davis, City Clerk
Council Mlember Krieg moved adoption of
the Resolution Seconded by Council Mlember
Nicholson Caned by the following vote
Teas— Mlayor Duggan, Council Mlembeis
Kluesnex, Krieg, Nagle Nicholson, \'oetberg
Nays —None
MINUTES SUEMMITTED Airport
Commission of 2 -8 and 2 -15, Cable
Community Telepxogrammmg Commission of
3 -1, Housing Code Appeals Board of 2-15,
Housing Commission Trust Fund Committee
of 3 -3, Library Board of Trustees of 2 -24,
Long Range Planning Commission of 2 -16,
Zoning Board of Adjustment of 2 -24, Zoning
Commission of 3 -2, presented and lead
Council Mlember Krieg moved that the minutes
be r eceived and filed Seconded by Council
Mlember Nicholson Caned by the following
vote Teas— Mlayor Duggan, Council Mlembeis
Kluesnex, Krieg, Nagle Nicholson, \'oetberg
Nays —None
NOTICES OF CLAIMS SUITS Paul Gavin
in amount of $10144 fox vehicle damages,
Douglas Hilby m amount of $394 00 fox
vehicle damages, Linda Koch m amount of
$62 01 fox vehicle damages, Shawn Mlenadue
in amount of $62 00 fox personal injuries,
Charles Spielman m amount of $20 fox vehicle
towing, Chsi topher A Williams m amount of
$505 22 fox vehicle damage, presented and
lead Council Mlember \'oetberg moved that
the claims and Lint be refereed to the Legal
Staff fox investigation and report Seconded
by Council Mlember Nicholson Caned by the
following vote Teas— Mlayor Duggan, Council
Mlembeis Kluesnex, Kneg, Nagle Nicholson,
\'oetberg Nays —None
Reaular Session. March 21. 1994 88
Communications of Corporation Counsel
recommending settlement of vehicle damage
claim of Paul Gavm m amount of $101 44,
settlement of vehicle damage claim of Linda
Koch m amount of $62 51, settlement of
vehicle damage claim of Robert R Lucas m
amount of $87 31, settlement of vehicle
damage claim of Kathi A hluu m amount of
$230 88, settlement of vehicle damage claim of
Jackie Nelson m amount of $63 20, settlement
of vehicle damage claim of Michael Weber m
amount of $188 85, presented and lead
Council Mlember \'oetberg moved the
settlement be approved with Finance Duectox
to sssue checks Seconded by Council
Mlember Nicholson Carried by the following
vote Teas— Mlayor Duggan, Council Mlembeis
Kluesnex, Krieg, Nagle, Nicholson, \'oetberg
Nays —None
Communications of Corporation Counsel
advice g following claims have been xeferied to
Crawford and Company, the agent fox the
Iowa Communities Assurance Pool car
damage claim of Paula & Richard Baker, car
damage claim of Mary A Davis, personal
injury claim of Diane Digmann, car damage
claim of John Hopkins, car damage claim of
Michael Hotchkiss, personal injury claim of
Selma Simon, presented and lead Council
Mlember \'oetberg moved that the
communications be received and filed
Seconded by Council Mlember Nicholson
Canned by the following vote Teas— Mlayor
Duggan, Council Mlembeis Kluesnex, Kneg,
Nagle Nicholson, \'oetberg Nays —None
Communications of Corporation Counsel
xecommendmg denial of car damage claim of
John G Ei doxf, car damage claim of Douglas
Hrlby, car damage claim of Iuhe Saeuging and
car damage claim of James R \Vahlert,
presented and lead Council Mlember
\'oetberg moved that the communications be
received and filed and denials approved
Seconded by Council hlembex Nicholson
Canned by the following vote Teas —Mayor
Duggan, Council hlembeis Kluesnex, Kneg,
Nagle Nicholson, \'oetberg Nays —None
Communication of Finance Duectox
submitting Financial Reports fox February
1994, presented and lead Council hlembex
\'oetberg moved that the communication be
received and filed Seconded by Council
hlembex Nicholson Caned by the following
vote Teas —Mayor Duggan, Council hlembeis
Kluesner, Krieg, Nagle Nicholson, \'oetberg
Nays —None
Communication of Carla Crahan regarding
the pmgteii to improve parking and traffic
problems at Bryant School, presented and
lead Council hlembex \'oetberg moved that
the communication be received and filed
Seconded by Council hlembex Nicholson
Canned by the following vote Teas —Mayor
89 Reaular Session. March 21. 1994
Duggan, Council Memben Kluesnex, Krieg,
Nagle Nicholson, Voetbexg Nay, —None
Communication of City Mlanagex
xecommendmg tenet +al of a contract with
Eunkex Hill Golf Pxo George Stephenson,
presented and read Council Mlembex
Voetbexg moved that the communication be
xecexved and filed Seconded by Council
Mlembex Nicholson Caned by the following
vote Tea,— Mlayox Duggan, Council Memben
Kluesnex, Krieg, Nagle, Nicholson, Voetbexg
Nay, —None
Communication of Ernn M Quade and
Gene F Sullivan objecting to development
process of Sunny Slopes Estates, presented
and read Council Mlembex Nagle moved that
the communication be xefexxed to the City
Mlanagex Seconded by Council Mlembex
Nicholson Caned by the following vote
Tea,— Mlayox Duggan, Council Memben
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nay, —None
Communication of Ann and Ed
Vandetmillen, 2115 Coates, xegaxding the
hiring of 7 additional police officen and the
defexxed funding of one part time employee at
the Library, presented and read Council
Mlembex Voetbexg moved that the
communication be xecexved and filed
Seconded by Council Mlembex Nicholson
Caxxxed by the following vote Teas— Mlayox
Duggan, Council Memben Kluesnex, Krieg,
Nagle Nicholson, Voetbexg Nay, —None
Communication of Matt Hobson of the IA
Dept of Health xegaxding the lack of Budget
approval fot minintum funding m an effort to
I educe Sexually Txansmstted Ditherer,
presented and read Council Mlembex Voetbexg
moved that the communication be xecexved and
filed Seconded by Council Mlembex
Nicholson Caned by the following vote
Tea,— Mlayox Duggan, Council Memben
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nay, —None
Iowa DOT advising of Public Input
meetings around the State to xecexve input on
Iova's transportation needs, pohcxes,
pxogxamming pxxoxxtxer and related issues,
presented and read Council Mlembex
Voetbexg moved that the notice be xecexved
and filed Seconded by Council Mlembex
Nicholson Caned by the following vote
Tea,— Mlayox Duggan, Council Memben
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nay, —None
Iowa DOT advising of Condemnation of
Certain Right m Land by the Iowa DOT fot
the nnptovement of Relocated Pxvnary Road
No U 5 20 m the City, known at "Pxgect No
FN- 20- 0(29)- 21 -31 Group "H ", Parcel 233
(Complete legal description on file m the City
Clerk's office), presented and read Council
Mlembex Voetbexg moved that the notice be
xecexved and filed Seconded by Council
Mlembex Nicholson Caned by the following
vote Tea,— Mlayox Duggan, Council Memben
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nay, —None
REFUNDS REQUESTED I Michael
Mlaggext dba My Jo Inc (The Caddie Shack)
in amount of $150 00 fot Eeex Permit,
presented and read Council Mlembex
Voetbexg moved that the refund be approved
with Finance Director to utile the puppet
check Seconded by Council Mlembex
Nicholson Caned by the following vote
Tea,— Mlayox Duggan, Council Memben
Kluesnex, Krieg, Nagle Nicholson, Voetbexg
Nay, —None
Proofs of publication, certified to by the
Pubhshet, of Notice of Filing of the Final Plat
and Schedule of assessment fot construction
of 1991 Sidevallc Construction Pxogxam,
Notice to the Council by Intesstate Pot +et
accepting Electric Fxanchne fot 25 year
period, Lit of Clain fot month ending
January 31, 1994, presented and read
Council Mlembex Voetbexg moved that the
pxoo& be xecerved and filed Seconded by
Council Mlembex Nicholson Caned by the
following vote Tea,— Mlayox Duggan, Council
Memben Kluesnex, Krieg, Nagle Nicholson,
Voetbexg Nays —None
Communication from the Wayne A
Norman, It on behalf of the Univessrty of
Dubuque Dial Companies requesting that
action on the xeeorung applications fot
Univeiaty of Dubuque property be tempoxaxily
be put on hold, presented and read Council
Mlembex Voetbexg moved that the
communication be xecexved and filed
Seconded by Council Mlembex Nicholson
Caxxxed by the following vote Teas— Mlayox
Duggan, Council Memben Kluesnex, Krieg,
Nagle, Nicholson, Voetbexg Nay, —None
upon motion xecexved and filed
Communication of Patti Cant requesting
that if a Public Hearing it held on xeeorung of
UD property that it be held on a night other
than a tegulax Council meeting and that the
nether to speak when it it scheduled and
communication of Ieanette & Robert Schnebex
requesting denial of commexaal development
of Univessrty of Dubuque property near
Highway 20, presented and read Council
Mlembex Voetbexg moved that the
communication be xecexved and filed
Seconded by Council Mlembex Nicholson
Caxxxed by the following vote Teas— Mlayox
Duggan, Council Memben Kluesnex, Krieg,
Nagle Nicholson, Voetbexg Nay, —None
Patti Cant of St Joseph St , Tom Caxxoll of
141 Princeton and Bob Schreiber of 40 Devon
Dr all spoke to the communication, xequestmg ,approved 1995
denial of commexaal development
Communication of Thomas Luksetrch on
behalf of Joe Healey xequestmg to cancel the
rezoning fox the property at 305 W 16th St
presented and read Council Member
Voetbexg moved that the communication be
xecexved and filed Seconded by Council
Member Nicholson Canned by the following
vote Tea, —Mayor Duggan, Council Memben
Kluemer, Kneg, Nagle Nicholson, Voetbexg
Nay, —None
There being no further business, Council
Member Voetbexg moved to adjourn the
meeting Seconded by Council Member
Kluemex Canned by the following vote
Teas —Mayor Duggan, Council Memben
Kluemer, Kneg, Nagle Nicholson, Voetbexg
Nays —None
Meeting adjourned at 9 43 p m
Mary A Davn CMC
City Clerk
Reaular Session. March 21. 1994 90
Adopted 1995
,attest
hlayox
Council hlemben
City Clerk