1994 August Council ProceedingsBoard of Health, August 1, 1994244
CITY OF DUBUQUEPassed, approved and adopted this 1st day of
August, 1994.
Terrance M. Duggan, Chairperson
BOARD OF HEALTH
Attest:
Mary A. Davis, Secretary
Board Member Voetberg moved adoption of
QUARTERLY
the Board Of Health Resolution. Seconded by
Board Member Nagle. Carried by the following
MEETING
vote: Yeas—Chairperson Duggan, Board
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
Special Board of Health Meeting, August 1,
1994
There being no further business, Board Member
Board met at 7:25 P.M. Public Library
Nagle moved to adjourn the meeting. Seconded by
Auditorium
Board Member Nicholson. Carried by the
Present: Chairperson Duggan, Board Members
following vote: Yeas—Chairperson Duggan,
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Board Members Kluesner, Krieg, Nagle,
Voetberg.
Nicholson, Robbins, Voetberg. Nays—None.
Chairperson Duggan read the call and stated
Meeting adjourned at 7:27 p.m.
this is a Special Meeting of the Board of Health
Mary A. Davis CMC
called for the purpose to act upon such business
Secretary, Civil Service Commission
which may properly come before the Board.
Approved ______________________, 1995.
City Manager recommending to submit a
Community-Based Health Promotion Grant
Adopted _______________________, 1995.
Application to the Iowa Dept. of Public Health,
presented and read. Board Member Voetberg
____________________________________
moved that the communication be received and
Chairperson
filed. Seconded by Board Member Nagle.
____________________________________
Carried by the following vote: Yeas—Chairperson
Duggan, Board Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
____________________________________
BOARD OF HEALTH
RESOLUTION NO. 4-94____________________________________
A RESOLUTION SUBMITTING THE
COMMUNITY-BASED HEALTH
____________________________________
PROMOTION GRANT APPLICATION TO
THE IOWA DEPARTMENT OF PUBLIC
HEALTH AND AUTHORIZING THE CITY
____________________________________
BOARD OF HEALTH CHAIRPERSON TO
SIGN A LETTER OF SUPPORT FOR THE
____________________________________
GRANT APPLICATION TARGETING
CARDIOVASCULAR DISEASE.Board Members
Whereas, the City of Dubuque is a member of
Attest:
the County Health Planning Committee through its
Health Services Division; and
___________________________________
Whereas, the Iowa Department of Public
City Clerk
Health has offered to provide financial support for
community-based health promotion programs; and
Whereas, the City of Dubuque will submit the
grant application to the Iowa Department of Public
Health on behalf of the County Health Planning
Committee; and
Whereas, the City of Dubuque Board of Health
supports the efforts of the County Health Planning
Committee working with the Greater Dubuque
Health and Wellness
Challenge project to address cardiovascular
morbidity and mortality in Dubuque County.
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF HEALTH OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approves submitting the Community Health
Promotion Grant Application to the Iowa
Department of Public Health.
Section 2. That the City of Dubuque Board of
Health Chairperson is authorized and directed to
execute the letter of support for the program on
behalf of the City of Dubuque, Iowa.
245Regular Session, August 1, 1994
Whereas, the City of Dubuque now desires to
amend said Final Statement to recognize a change
DUBUQUE
in activity and funding; and
Whereas, the Department of Community
Development has proposed an Amendment to said
CITY COUNCIL
Final Statement, a copy of which is attached hereto
and made a part hereof; and
Whereas, a public hearing was held on July 6,
OFFICIAL
1994, by the Community Development
Commission, at which time the public was
PROCEEDINGS
provided an opportunity to comment on the
proposed amended statement.
NOW, THEREFORE, BE IT RESOLVED BY
City Council Meeting, August 1, 1994
THE CITY COUNCIL OF THE CITY OF
Council Met at 7:30 P.M. Public Library
DUBUQUE, IOWA:
Auditorium
Section 1. That the attached Final Statement of
Present: Mayor Duggan, Council Members
Objectives and Projected Use of Community
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Development Block Grant Flood Disaster Relief
Voetberg, City Manager Michael Van Milligen,
Funds Amendment No.1 is hereby adopted and the
Corporation Counsel Barry A. Lindahl.
Statement filed on January 17, 1994 is hereby
rescinded.
Mayor Duggan read the call and stated this is
Section 2. That the Mayor is hereby authorized
the Regular Session of the City Council called for
and directed to execute all documentation
the purpose to act upon such business which may
necessary to the filing of the Amended Statement
properly come before the Council.
with the U.S. Department of Housing and Urban
Development.
Invocation was given by Father Clayton
Section 3. That the City Manager is hereby
Landherr, Associate Pastor of St. Anthony's
authorized and directed to submit said amended
Catholic Church.
Final Statement to the U.S. Department of Housing
and Urban Development.
PROCLAMATIONS — August 1 - 7 as
Passed, approved and adopted this 1st day of
"World Breastfeeding Week" received by Mary
August, 1994.
Pat Breitfelder; August 10-October 31 as "United
Terrance M. Duggan, Mayor
Way Campaign Time" received by John Faust.
Attest:
Mary A. Davis, City Clerk
Council Member Nagle moved that the rules be
Council Member Voetberg moved adoption of
suspended to allow anyone present to address the
the Resolution. Seconded by Council Member
Council if they so desire. Seconded by Council
Nagle. Carried by the following vote:
Member Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Voetberg. Nays—None.
Proof of Publication certified to by the
Proof of Publication certified to by the
Publisher on Notice of Hearing on the Final
Publisher on Notice of Hearing on Amendment
Statement of Intent for the 2nd Supplement of
No. 1 to the Final Statement of Intent for CDBG
CDBG Flood Disaster Relief Funds and
Flood Disaster Relief Funds and communication of
communication of City Manager recommending
City Manager recommending approval of amended
approval and authorization to file a Final
statement to the 1st supplemental final statement of
Statement and recommending approval of
intent (Previously approved by Council on 1-17-
Purchase of Service Contract with ECIA to
94), presented and read. Council Member
administer program, presented and read. Council
Voetberg moved that the proof and communication
Member Nagle moved that the proof and
be received and filed. Seconded by Council
communication be received and filed. Seconded
Member Nagle. Carried by the following vote:
by Council Member Robbins. Carried by the
Yeas—Mayor Duggan, Council Members
following vote: Yeas—Mayor Duggan, Council
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Members Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays—None.
Robbins, Voetberg. Nays—None.
RESOLUTION NO. 257-94
RESOLUTION NO.258-94
AUTHORIZING THE FILING OF AN
RESOLUTION APPROVING AND
AMENDMENT TO THE FINAL
AUTHORIZING THE FILING OF A FINAL
STATEMENT FOR THE FIRST
STATEMENT OF INTENT AND
SUPPLEMENTAL COMMUNITY
PROJECTED USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT FLOOD
DEVELOPMENT BLOCK GRANT
DISASTER RELIEF FUNDS IN THE
DISASTER RELIEF FUNDS.
AMOUNT OF $188,000
WHEREAS, the City of Dubuque, Iowa, on
Whereas, the City of Dubuque, Iowa, on
May 4, 1994, was allocated $232,000 in
January 5, 1994, filed a Final Statement of
Community Development Block Grant Disaster
Objectives and Projected Use of Community
Relief Funds; and
Development Block Grant Disaster Relief Funds;
WHEREAS, federal regulations require that
and,
prior to receipt of the above referenced grant funds,
the City of Dubuque shall prepare a Final
Statement detailing projected use of funds; and
Regular Session, August 1, 1994246
WHEREAS, a Final Statement has beenSection 2.That the Mayor and City Clerk
prepared and was reviewed and approved by theare hereby authorized and directed to execute said
City's Community Development Commission oncontract on behalf of the City of Dubuque, Iowa.
July 6, 1994; andPassed, approved and adopted this 1st day of
WHEREAS, the City Council finds the FinalAugust, 1994.
Statement, a copy of which is attached hereto andTerrance M. Duggan, Mayor
made a part hereof, is supportive of federalATTEST:
objectives and is responsive to local needs for reliefMary Davis, City Clerk
from damage caused by last summer's floods, highCouncil Member Nagle moved adoption of the
winds and other weather conditions.Resolution. Seconded by Council Member
NOW, THEREFORE, BE IT RESOLVED BYRobbins. Carried by the following vote:
THE CITY COUNCIL OF THE CITY OFYeas—Mayor Duggan, Council Members
DUBUQUE, IOWA:Kluesner, Krieg, Nagle, Nicholson, Robbins,
Section 1.That the City Council herebyVoetberg. Nays—None.
adopts the attached Final Statement of Objectives
and Projected Use of Community DevelopmentProof of Publication certified to by the
Block Grant Disaster Relief Funds.Publisher on Notice of Public Hearing to consider
Section 2.That the filing of this Finalan amendment to Zoning Ordinance pertaining to
Statement is hereby approved, and the Mayor ofRetail Sales/Service, presented and read. Council
the City of Dubuque is hereby authorized andMember Nagle moved that the proof of publication
directed to execute the necessary documentation onbe received and filed. Seconded by Council
behalf of the City of Dubuque.Member Voetberg. Carried by the following vote:
Section 3.That the City Manager is herebyYeas—Mayor Duggan, Council Members
authorized and directed to submit, in the requiredKluesner, Krieg, Nagle, Nicholson, Robbins,
number of copies, said Statement to the U.S.Voetberg. Nays—None.
Department of Housing and Urban DevelopmentAn Ordinance Amending Appendix A (The
and other appropriate agencies, together with suchZoning Ordinance) by repealing Section 3-3.2(B)
other documents as may be required.Principal Permitted uses and adopting a new
Passed, approved and adopted this 1st day ofSection 3-3.2(B) in lieu thereof pertaining to
August, 1994.Retail Sales/Service, said Ordinance having been
Terrance M. Duggan, Mayorpresented and read at the Council Meeting of July
ATTEST:18, 1994, now presented for further action.
Mary Davis, City Clerk
Council Member Nagle moved adoption of the
(OFFICIAL PUBLICATION)
Resolution. Seconded by Council Member
ORDINANCE NO. 41-94
Robbins. Carried by the following vote:AN ORDINANCE AMENDING APPENDIX
Yeas—Mayor Duggan, Council MembersA (THE ZONING ORDINANCE) OF THE
Kluesner, Krieg, Nagle, Nicholson, Robbins,
CITY OF DUBUQUE CODE OF
Voetberg. Nays—None. ORDINANCES, BY REPEALING SECTION
3-3.2(B) PRINCIPAL PERMITTED USES
RESOLUTION NO. 259-94AND ADOPTING SECTION 3-3.2(B) IN
RESOLUTION APPROVING A CONTRACTLIEU THEREOF PERTAINING TO RETAIL
FOR SERVICES WITH THE EASTSALES/SERVICE.
CENTRAL INTERGOVERNMENTALNOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
ASSOCIATION FOR ADMINISTRATION
DUBUQUE, IOWA:
OF CDBG SPECIAL ALLOCATION FOR
FLOOD RELIEF. Section 1. Appendix A (the Zoning Ordinance)
WHEREAS, The City of Dubuque, Iowaof the City of Dubuque Code of Ordinances is
hereby amended by repealing Section 3-3.2(b)
(hereinafter referred to as City) is party to the
Agreement creating the East CentralPrincipal Permitted Uses and adopting the
Intergovernmental Association (hereinafterfollowing new Section 3-3.2(b) in lieu thereof:
referred to as ECIA) and is a member in good(B)Principal Permitted Uses. The following
uses shall be permitted in the C-2 District.
standing; and
WHEREAS, City wishes to engage ECIA to(1)Railroads and public or quasi-public
provide certain technical and professional servicesutilities including substations [47].
for grant administration of the 1994 HUD CDBG(2)Residential uses above the first floor
only [6].
SUPPLEMENTAL ALLOCATION FOR
FLOOD RELIEF GRANT; and(3)Schools of private instruction [4].
WHEREAS, Articles II, III (12), and VII (2)(4)General offices [14].
and (3) of the Articles of Agreement of the East(5)Personal services [14].
Central Intergovernmental Association gives ECIA(6)Barber/beauty shops [16].
the authority to perform services under(7)Gas station [18].
consideration; and(8)Retail sales/service [17].
(9)Laundry/dry cleaner [19].
WHEREAS, a Contract for Services between
ECIA and City has been prepared and is attached(10)Shoe repair [18].
hereto and made a part hereof.(11)Automated gas station [18].
NOW, THEREFORE, BE IT RESOLVED BY(12)Indoor restaurant [20].
(13)Tailoring/alterations [18].
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:(14)Furniture/home furnishings [27].
Section 1.That the City hereby approves(15)Appliance sales/service [27].
the proposed Contract for Services with the East(16)Catalog center [23].
(17)Laundromat [22].
Central Intergovernmental Association.
(18)Furniture upholstery/repair [18].
247Regular Session, August 1, 1994
(19)Artist studio [5].Vote on the youth appointment: Mayor Duggan
(20)Photographic studio [23].voted for Felderman. Council Member Kluesner
(21)Neighborhood shopping center [17].voted for Felderman. Council Member Krieg
(22)Dental/medical lab [8].voted for Felderman. Council Member Nagle
(23)Business services, excluding signvoted for Felderman. Council Member Nicholson
painting [29].voted for Felderman. Council Member Robbins
[ ]Parking group—See Section 4-2 ofvoted for Felderman. Council Member Voetberg
this ordinance.voted for Emmert. Therefore, Jacob Felderman
Section 2. This ordinance has heretofore beenappointed as Youth Representative to the
reviewed by the Zoning Commission of the City ofEnvironmental Stewardship Commission for a one
Dubuque, Iowa.year term to expire 6-1-97.
Section 3. This ordinance shall take effectVote on the other two terms: Mayor Duggan
immediately upon publication, as provided by law.voted for Miller and Schultz. Council Member
Passed, approved and adopted this 1st day ofKluesner voted for Parks and Schultz. Council
August, 1994.Member Krieg voted for Miller and Schultz.
Terrance M. Duggan, MayorCouncil Member Nagle voted for Miller and
Attest:Schultz. Council Member Nicholson voted for
Mary A. Davis, City ClerkMiller and Schultz. Council Member Robbins
Published officially in the Telegraph Heraldvoted for Miller and Schultz. Council Member
newspaper this 8th day of August, 1994.Voetberg voted for Parks and Schultz. Therefore,
1tMary A. Davis CMC, City ClerkFrank M. Miller appointed and Paul F. Schultz
Council Member Nagle moved finalreappointed to three year terms on the
consideration and passage of the Ordinance.Environmental Stewardship Commission which
Seconded by Council Member Voetberg. Carriedwill expire 6-1-97.
by the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,League of Iowa Municipalities requesting
Nicholson, Robbins, Voetberg. Nays—None.Council Member Nicholson to consider being
appointed to serve on the League's Legislative
BOARDS AND COMMISSIONSPolicy Committee, presented and read. Council
AIRPORT COMMISSION: One unexpiredMember Kluesner moved that the Mayor endorse
term to expire 9-14-96; One Unexpired term toappointment of Council Member Nicholson.
expire 9-14-97. Applicants: Steven J. Arthur,Seconded by Council Member Voetberg. Carried
Geraldine Eitter, Cheryl Kramer Greiner, Allan T.by the following vote: Yeas—Mayor Duggan,
Thoms.Council Members Kluesner, Krieg, Nagle,
Vote on the appointment for the term to expireNicholson, Robbins, Voetberg. Nays—None.
9-14-96 was as follows: Mayor Duggan voted for
Greiner. Council Member Kluesner voted forCommunication of Alan Israel of A & M
Thoms. Council Member Krieg voted Eitter.Developers, advising of their withdrawal to rezone
Council Member Nagle voted for Greiner.properties on Geraldine Drive and an Ordinance
Council Member Nicholson voted for Greiner.Amending Zoning Ordinance by reclassifying
Council Member Robbins voted for Greiner.properties located on Geraldine Drive from R-1
Council Member Voetberg voted for Eitter.Single-Family Residential District to PUD Planned
Therefore, Cheryl Kramer-Greiner appointed to theUnit Development District, (matter referred from
unexpired term on the Airport Commission whichmeeting of 6-6-94), presented and read. Council
will expire 9-14-96.Member Voetberg moved that they receive and file
Vote for the unexpired term which will expirethe communication and deny Ordinance.
9-14-97 was as follows: Mayor Duggan voted forSeconded by Council Member Nicholson. Carried
Arthur. Council Member Kluesner voted forby the following vote: Yeas—Mayor Duggan,
Thoms. Council Member Krieg voted for Eitter.Council Members Kluesner, Krieg, Nagle,
Council Member Nagle voted for Arthur. CouncilNicholson, Robbins, Voetberg. Nays—None.
Member Nicholson voted for Thoms. Council
Member Robbins voted for Arthur. CouncilCommunication of City Manager requesting
Member Voetberg voted for Thoms. installation of a net over playground area inside
There not being a majority vote, a second votethe McAleece Park, presented and read. Council
was taken: Mayor Duggan voted for Arthur.Member Robbins moved that the communication
Council Member Kluesner voted for Thoms.be received and filed and approved installation of
Council Member Krieg voted for Thoms. Councilnet. Seconded by Council Member Nicholson.
Member Nagle voted for Arthur. Council MemberCarried by the following vote: Yeas—Mayor
Nicholson voted for Thoms. Council MemberDuggan, Council Members Kluesner, Krieg,
Robbins voted for Arthur. Council MemberNagle, Nicholson, Robbins, Voetberg.
Voetberg voted for Thoms. Therefore, Allan T.Nays—None.
Thoms appointed to the Airport Commission for
the unexpired term which will expire 9-14-97.Communication of the City Manager
recommending protection and extension of local
ENVIRONMENTAL STEWARDSHIPfranchising authority, presented and read. Council
COMMISSION:Member Voetberg moved that the communication
A one-year term to expire 6-1-95 (representingbe received and filed. Seconded by Council
youth) and two three-year terms to expire 6-1-97.Member Nicholson. Carried by the following vote:
Youth Applicants: Jason Emmert, JacobYeas—Mayor Duggan, Council Members
Felderman. Other applicants: Dorothy Crimmins,Kluesner, Krieg, Nagle, Nicholson, Robbins,
Michelle Mihalakis, Frank M. Miller, Brad Parks,Voetberg. Nays—None.
Paul F. Schultz.
RESOLUTION NO. 260-94
Regular Session, August 1, 1994248
Members Kluesner, Krieg, Nagle, Nicholson,
RESOLUTION ADVOCATING LOCAL
CONTROL OF THE USE OF PUBLICRobbins, Voetberg. Nays—None.
RIGHTS OF WAY BYAn Ordinance Amending Code of Ordinances
TELECOMMUNICATIONS SERVICEby enacting a new Section 40-37 paragraph (a)
relating to Charges-Amounts, Exceptions by
PROVIDERS
Whereas, the City of Dubuque, through Cablechanging Class I premises half rate - guidelines,
Franchise Ordinance No. 42-81 and otherpresented and read.
ordinances and laws regulates the use of its rights-
of-way and other public properties by cable
(OFFICIAL PUBLICATION)
television and other communications serviceORDINANCE NO. 42-94
providers, and obtains for the public fair andAN ORDINANCE AMENDING THE CITY
reasonable compensation from such providers for
OF DUBUQUE CODE OF ORDINANCE BY
their use of public property; andREPEALING SECTION 40-37 PARAGRAPH
Whereas, the City and local educational and(a) RELATING TO CHARGES-AMOUNTS;
health care institutions use the "B-Cable"EXCEPTIONS AND ENACTING A NEW
Institutional Network for a variety of non-
SECTION 40-37 PARAGRAPH (a) IN LIEU
commercial video and data transmissionsTHEREOF RELATING TO CHARGES-
consistent with public service missions, and areAMOUNTS; EXCEPTIONS BY CHANGING
striving to address related community needs
CLASS I PREMISES HALF-RATE
through new telecommunications technologies and
GUIDELINES.
services; andNOW, THEREFORE, BE IT ORDAINED BY
Whereas, pending federal legislation passed byTHE CITY COUNCIL OF THE CITY OF
the U.S. House of Representatives as H.R. 3636,DUBUQUE, IOWA:
threatening to pre-empt local authority overSection 1. That the Code of Ordinances be
telecommunications systems and services usingamended by repealing Sec. 40-37 paragraph (a)
public rights-of-way, comes now before the U.S.relating to Charges-Amounts; Exceptions and
Senate as S.1822.enacting a new Sec. 40-37 paragraph (a) in lieu
NOW, THEREFORE, BE IT RESOLVED BYthereof relating to Charges-Amounts; Exceptions
THE CITY COUNCIL OF THE CITY OFas follows:
DUBUQUE, IOWA:Sec. 40-37. Charges-Amounts: exceptions.
Section 1. That the City of Dubuque urges(a) Class I premises. Except as qualified below,
Senators Chuck Grassley and Tom Harkin toa fee of eight dollars and fifty centers ($8.50) per
oppose the substitution of H.R. 3636 for S. 1822dwelling unit per month shall be paid to the city by
as introduced, and oppose any amendments whichthe property owner of each class I premise for such
would eliminate or reduce existing protection forservices. Said fee shall be in payment for
local government regulation of the use of rights-of-collection and disposal of solid waste and
way by private telecommunications providers.recyclable materials as defined. Exceptions to the
Section 2. That the City of Dubuque supportscollection charges for class I premises are as
and advocates true local market competition in thefollows:
delivery of telephone, cable television and new(1)When a class I premise has been vacant
telecommunications services, as long as the localfor a period not less than three (3)
playing field is level and the non-commercialconsecutive months, the owner may apply
educational, health care, and government needs ofto the city manager for a credit under
each community are met in accordance withprocedures to be established by the city
locally-established objectives.manager. Such credit shall continue only
Section 3. That the City of Dubuque advocatesso long as the class I premises is vacant.
a balanced federal/local regulatory system for(2)Class I premises when the head of the
telecommunications services which defers to thehousehold is sixty-five (65) years of age
FCC and the administration of nationwideor older and has an annual income equal
telecommunications policy and technologicalto or less than the income standards used
development, but which retains the right andby HUD for its Section Eight (8) Housing
opportunity for public property compensation andProgram for one and two person
regulation to be negotiated and enforced by localhouseholds may, upon application to the
governments, according to the particular interestscity manager, be exempted from one-half
and needs of the individual community.(1/2) the established collection charge.
Passed, approved and adopted this 1st day ofAfter the initial application, annual
August, 1994.application shall be made by the head of
Terrance M. Duggan, Mayorhousehold on July first of each year to
Attest:verify annual income and eligibility.
Mary A. Davis, City Clerk(3)In cases of extreme financial hardship, the
Council Member Voetberg moved to receivecity manager may, and is hereby
and file the communication. Seconded by Councilauthorized and empowered to make
Member Nicholson. Carried by the followingadjustments in the monthly collection
vote: Yeas—Mayor Duggan, Council Memberscharges as the city manager may deem
Kluesner, Krieg, Nagle, Nicholson, Robbins,appropriate. In such cases, the city
Voetberg. Nays—None.manager shall have the authority to
require such proof of vacancy, financial
City Manager submitting a revised Section 40-status, age or extreme hardship as the city
37 to the Code of Ordinances, presented and read.manager may deem necessary.
Council Member Voetberg moved that theSection 2. This ordinance shall take effect on
communication be received and filed. Secondedthe first day of September, 1994.
by Council Member Nicholson. Carried by thePassed, approved and adopted this 1st day of
following vote: Yeas—Mayor Duggan, CouncilAugust, 1994.
249Regular Session, August 1, 1994
Terrance M. Duggan, MayorAn application may be approved only if this
Attest:determination is in the affirmative; and
Mary A. Davis, City ClerkWhereas, this application is consistent with the
Published officially in the Telegraph Herald1994 Comprehensive Housing Affordability
Strategy for the City of Dubuque.
newspaper this 8th day of August, 1994.
1t 8/8Mary A. Davis, CMC, City ClerkNOW THEREFORE, BE IT RESOLVED BY
Council Member Voetberg moved that theTHE CITY COUNCIL OF DUBUQUE, IOWA:
requirement that a proposed Ordinance beSection 1. The City of Dubuque has
determined there is a need for additional housing
considered and voted on for passage at two
Council Meetings prior to the meeting at which itassistance and is knowledgeable of the status of
is to be finally passed be suspended. Seconded byavailable housing within the City as required by
Iowa Code and that majority approval of the
Council Member Kluesner. Carried by the
following vote: Yeas—Mayor Duggan, Councilproposed housing activity within the City's
Members Kluesner, Krieg, Nagle, Nicholson,jurisdiction is hereby granted.
Robbins, Voetberg. Nays—None. CouncilSection 2. This resolution is intended to serve
as the City of Dubuque's final notice to the U.S.
Member Voetberg further moved final
consideration and passage of the Ordinance. Department of Housing and Urban Development
Seconded by Council Member Kluesner. Carriedof such approval and that no additional comment
by the following vote: Yeas—Mayor Duggan,will be made by the City of Dubuque on this
matter.
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.Section 3. The Mayor is authorized and
directed to execute an application to the U.S.
Communication of City Manager requestingDepartment of Housing and Urban Development
approval of an application for Section 8 Programfor participation in the Section 8 Housing Voucher
Housing Vouchers, presented and read. CouncilProgram.
Member Voetberg moved that the communicationSection 4. The City of Dubuque Housing
Commission is hereby directed to conduct the
be received and filed. Seconded by Council
Member Nicholson. Carried by the following vote:necessary public hearing regarding this application
Yeas—Mayor Duggan, Council Membersas soon as possible in accordance with
Kluesner, Krieg, Nagle, Nicholson, Robbins,requirements of Chapter 403.A.28 of the Code of
Iowa, and to review and/or approve or suggest
Voetberg. Nays—None.
modifications of the plans for program design and
administration of this proposed program.
RESOLUTION NO. 261-94
Section 5. The City Manager is hereby
A RESOLUTION AUTHORIZING THE
authorized and directed to forward said application
MAYOR TO EXECUTE AN APPLICATION
TO PARTICIPATE IN THE SECTION 8and resulting standard executed contract to the
respective agencies in a timely fashion and as
HOUSING VOUCHER PROGRAM.
required by the U.S. Department of Housing and
Whereas, the City of Dubuque recognizes the
continuing unmet need for provision of assistedUrban Development.
housing to the City's qualifying lower-incomePassed, approved and adopted this 1st day of
families; andAugust, 1994.
Terrance M. Duggan, Mayor
Whereas, the City has continuously provided
housing assistance to Section 8 Housing ProgramAttest:
tenants, since 1976; andMary A. Davis, City Clerk
Whereas, the U.S. Department of Housing andCouncil Member Voetberg moved adoption of
the Resolution. Seconded by Council Member
Urban Development has made funding available to
encourage municipalities to implement innovativeNicholson. Carried by the following vote:
programs promotion the economic independence ofYeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
lower-income families, through cooperating efforts
of the public and private sectors; andVoetberg. Nays—None.
Whereas, and in accordance with Section
403A.5 of the Iowa Code which statesCommunication of the City Manager
recommending contract with Operation: New View
"A municipality or a 'Municipal Housing
Agency' may not proceed with a housingfor administration of Family Self-Sufficiency
project until a study or a report andProgram, presented and read. Council Member
recommendation on housing available withinVoetberg moved to receive and file the
communication. Seconded by Council Member
the community is made public by the
municipality or agency and is included in itsNagle. Carried by the following vote:
recommendation for a housing project.Yeas—Mayor Duggan, Council Members
Recommendations must receive majorityKluesner, Krieg, Nagle, Nicholson, Robbins,
approval from the local governing body beforeVoetberg. Nays—None.
proceeding on the housing project."
AND IN ACCORDANCE WITH SectionRESOLUTION NO. 262-94
213(c) of the Housing and CommunityRESOLUTION APPROVING A PURCHASE
Development Act of 1974, which states in partOF SERVICES CONTRACT BETWEEN
that it must be determined whether or not thereTHE CITY OF DUBUQUE AND
is a need for such housing assistance, takingOPERATION NEW VIEW AND
into consideration any applicable State orAUTHORIZING AND DIRECTING THE
areawide housing assistance plan as well asCITY MANAGER TO EXECUTE SAID
generally available data with respect toAGREEMENT ON BEHALF OF THE CITY
population, poverty, housing over-crowding,
OF DUBUQUE, IOWA.
Whereas, the City of Dubuque has negotiated
housing vacancies and substandard housing.
with Operation New View to provide services that
Regular Session, August 1, 1994250
will aid the City of Dubuque in satisfying thePassed, approved and adopted this 1st day of
requirements of the Department of Housing UrbanAugust, 1994.
Development's Family Self-Sufficiency Program;Terrance M. Duggan, Mayor
andAttest:
Whereas, the terms and conditions under whichMary A. Davis, City Clerk
Operation New View will provide the aboveCouncil Member Nagle moved to adopt the
described services are set forth in a Purchase ofResolution. Seconded by Council Member
Services Contract, a copy of which is heretoRobbins. Carried by the following vote:
attached and by this reference made a part hereof.Yeas—Mayor Duggan, Council Members
NOW, THEREFORE, BE IT RESOLVED BYKluesner, Krieg, Nagle, Nicholson, Robbins,
THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None.
DUBUQUE, IOWA:
Section 1. That the attached Purchase ofRESOLUTION NO. 264-94
Services Contract by and between the City ofWhereas, applications for Beer Permits have
Dubuque, Iowa and Operation New View isbeen submitted and filed to this Council for
hereby approved.approval and the same have been examined and
Section 2. That the City Manager be and he isapproved; and
hereby authorized and directed to execute saidWhereas, the premises to be occupied by such
Contract for and on behalf of the City of Dubuque,applicants were inspected and found to comply
Iowa.with the Ordinances of this City and have filed
Passed, approved and adopted this 1st day ofproper bonds.
August, 1994.NOW, THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, MayorTHE CITY COUNCIL OF THE CITY OF
Attest:DUBUQUE, IOWA:
Mary A. Davis, City ClerkThat the Manager be authorized to cause to be
Council Member Voetberg moved adoption ofissued the following named applicants a Beer
the Resolution. Seconded by Council MemberPermit.
Nagle. Carried by the following vote:CLASS "B" BEER PERMIT
Yeas—Mayor Duggan, Council Members(SPECIAL EVENT)
Kluesner, Krieg, Nagle, Nicholson, Robbins,(Five-day Permit)
Voetberg. Nays—None.Dubuque JayceesAll That Jazz
Outdoor ServiceTown Clock Plaza
Proof of Publication certified to by theCLASS "BE" BEER PERMIT
Publisher on Notice to Bidders on the receipt ofBeverly R. Miller
bids for the Construction of Sheridan RoadSid's Beverage Store, Inc.2727 Dodge St.
Sanitary Sewer Extension and Communication ofCLASS "C" BEER PERMIT
City Manager recommending to award contract forMulgrew Oil Co.Amoco Food Shop
project, presented and read. Council Member1450 Loras Blvd.
Nagle moved to receive and file the proof andPassed, approved and adopted this 1st day of
communication. Seconded by Council MemberAugust, 1994.
Robbins. Carried by the following vote:Terrance M. Duggan, Mayor
Yeas—Mayor Duggan, Council MembersAttest:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Mary A. Davis, City Clerk
Voetberg. Nays—None.Council Member Kluesner moved adoption of
the Resolution. Seconded by Council Member
Nagle. Carried by the following vote:
RESOLUTION NO. 263-94
AWARDING CONTRACTYeas—Mayor Duggan, Council Members
Whereas, sealed proposals have been submittedKluesner, Krieg, Nagle, Nicholson, Robbins,
by contractors for the Sheridan Road SanitaryVoetberg. Nays—None.
Sewer Extension pursuant to Resolution No. 235-
94 and notice to bidders published in a newspaperRESOLUTION NO. 265-94
published in the City of Dubuque, Iowa on theWhereas, applications for Liquor Licenses have
30th day of June, 1994.been submitted to this Council for approval and the
Whereas, said sealed proposals were openedsame have been examined and approved; and
and read on the 26th day of July, 1994 and it hasWhereas, the premises to be occupied by such
been determined that the bid of Tschiggfrieapplicants were inspected and found to comply
Excavation of Dubuque, Iowa in the amount ofwith the State Law and all City Ordinances
$54,430.15 was the lowest bid for the furnishingsrelevant thereto and they have filed proper bonds.
of all labor and materials and performing the workNOW, THEREFORE, BE IT RESOLVED BY
as provided for in the plans and specifications.THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED BYDUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OFThat the Manager be authorized to cause to be
DUBUQUE, IOWA:issued the following named applicants
That the contract for the above improvement be a Liquor License.
awarded to Tschiggfrie Excavating and theCLASS "C" (COMMERCIAL) BEER AND
Manager be and is hereby directed to execute aLIQUOR LICENSE
contract on behalf of the City of Dubuque for theWayne & Carol A. Kramer
complete performance of the work.The Clubhouse2364 Washington
BE IT FURTHER RESOLVED:Passed, approved and adopted this 1st day of
That upon the signing of said contract and theAugust, 1994.
approval of the contractor's bond, the CityTerrance M. Duggan, Mayor
Treasurer is authorized and instructed to return theAttest:
bid deposits of the unsuccessful bidders.Mary A. Davis, City Clerk
251Regular Session, August 1, 1994
Council Member Kluesner moved adoption ofAugust, 1994 at 7:30 o'clock p.m. at the Public
the Resolution. Seconded by Council MemberLibrary Auditorium and that the City Clerk be
Nagle. Carried by the following vote:directed to publish notice of the Public Hearing in
Yeas—Mayor Duggan, Council Membersthe manner prescribed by law. Seconded by
Kluesner, Krieg, Nagle, Nicholson, Robbins,Council Member Nagle. Carried by the following
Voetberg. Nays—None..vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Communication of the City ManagerVoetberg. Nays—None.
recommending a public hearing be held to consider
vacation of the southerly one-half of the alleyRESOLUTION NO. 267-94
between Elm and Washington, from 13th Street toRESOLUTION DISPOSING OF CITY
14th Street, presented and read. Council Member
INTEREST IN LOT 137A IN EAST
Voetberg moved to receive and file theDUBUQUE, AN ADDITION IN THE CITY
communication. Seconded by Council MemberOF DUBUQUE, IOWA
Nagle. Carried by the following vote:Whereas, Clark W. Wolff has requested the
Yeas—Mayor Duggan, Council Membersvacating of the southerly one-half of an alley
Kluesner, Krieg, Nagle, Nicholson, Robbins,between Elm and Washington Streets, from 13th
Voetberg. Nays—None.Street to 14th Street; and
Whereas, IIW Engineers & Surveyors, P.C. of
Dubuque, Iowa has prepared and submitted to the
City Council a plat showing the vacated alley and
RESOLUTION NO. 266-94assigned lot number thereto, which hereinafter
shall be known and described as Lot 137A of East
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED SOUTHERLY ONE-Dubuque, an Addition in the City of Dubuque,
HALF OF THE ALLEY BETWEEN ELMIowa; and
AND WASHINGTON STREETS, FROMWhereas, the City Council of the City of
Dubuque, Iowa has determined that this alley is no
13TH STREET TO 14TH STREET
Whereas, there has been presented to the Citylonger required for public use, except for
Council of the City of Dubuque, Iowa, a plat datedeasements for public utilities, and vacating and
July 8, 1994, prepared by IIW Engineers &sale of said alley known as Lot 137A of East
Surveyors, P.C. of Dubuque, Iowa, describing theDubuque, an Addition in the City of Dubuque,
proposed vacated southerly one-half of the alleyDubuque County, Iowa should be approved.
between Elm and Washington Streets, from 13thNOW, THEREFORE, BE IT RESOLVED BY
Street to 14th Street; andTHE CITY COUNCIL OF THE CITY OF
Whereas, said plat conforms to the laws andDUBUQUE, IOWA:
statutes pertaining thereto.Section 1. That the City of Dubuque intends to
NOW, THEREFORE, BE IT RESOLVED BYdispose of its interest in Lot 137A of East
THE CITY COUNCIL OF THE CITY OFDubuque, an Addition in the City of Dubuque,
DUBUQUE, IOWA:Iowa.
Section 1. That the plat dated July 8, 1994Section 2. That the conveyance of Lot 137A of
prepared by IIW Engineers & Surveyors, P.C.,East Dubuque, an Addition in the City of
relative to the real estate hereinabove described beDubuque, Iowa to Clark W. Wolff be contingent
and the same is hereby approved and he Mayorupon the payment of $3,847.50, plus publication
and City Clerk be and they are hereby authorizedand filing fees.
and directed to execute said plat for and on behalfSection 3. The City reserves unto itself a
of the City of Dubuque, Iowa.perpetual easement including the right of ingress
Section 2. The City reserves unto itself aand egress thereto, for the purpose of erecting,
perpetual easement including the right of ingressinstalling, constructing, reconstructing, repairing,
and egress thereto, for the purpose of erecting,owning, operating, and maintaining water, sewer,
installing, construction, reconstructing, repairing,drainage, gas, telephone, t.v. cable and electric
owning, operating, and maintaining water, sewer,lines as may be authorized by the City of
drainage, gas, telephone, t.v. cable and electricDubuque, Iowa.
lines as may be authorized by the City ofSection 4. That the City Clerk be and is hereby
Dubuque, Iowa.authorized and directed to cause notice of intent to
Section 3. That the City Clerk be and is herebydispose of said real estate to be published in the
authorized and directed to file said plat andmanner as prescribed by law.
certified copy of this resolution in the office of thePassed, approved and adopted this 1st day of
Recorder, in and for Dubuque County, Iowa.August, 1994.
Passed, approved and adopted this 1st day ofTerrance M. Duggan, Mayor
August, 1994.Attest:
Terrance M. Duggan, MayorMary A. Davis, City Clerk
Attest:Council Member Voetberg moved adoption of
Mary A. Davis, City Clerkthe Resolution. Seconded by Council Member
Council Member Voetberg moved adoption ofNagle. Carried by the following vote:
the Resolution. Seconded by Council MemberYeas—Mayor Duggan, Council Members
Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins,
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.Communication of the City Manager
An ORDINANCE Vacating Lot 137A in "Eastsubmitting bidding procedures providing for the
Dubuque" Addition, presented and read. CouncilRehabilitation of Operations & Maintenance
Member Voetberg moved that a Public Hearing beDepartment's Garage Roof. Seconded by Council
held on the proposed Ordinance on the 15th day ofMember Nicholson. Carried by the following vote:
Regular Session, August 1, 1994252
Yeas—Mayor Duggan, Council MembersNOW THEREFORE, BE IT RESOLVED BY
Kluesner, Krieg, Nagle, Nicholson, Robbins,THE COUNCIL OF THE CITY OF DUBUQUE,
Voetberg. Nays—None.IOWA:
That the Operations and Maintenance
Department Garage Roof Rehabilitation Project is
RESOLUTION NO. 268-94
PRELIMINARY APPROVAL OF PLANShereby ordered to be advertised for bids for
AND SPECIFICATIONSconstruction.
NOW THEREFORE, BE IT RESOLVED BYBE IT FURTHER RESOLVED, that the
THE CITY COUNCIL OF THE CITY OFamount of the security to accompany each bid shall
DUBUQUE, IOWA:be in an amount which shall conform to the
That the proposed plans, specifications, form ofprovisions of the notice to bidders hereby approved
contract and estimated cost for the Operations andas a part of the plans and specifications heretofore
Maintenance Department Garage Roofadopted.
Rehabilitation Project, in the estimated amount ofThat the City Clerk is hereby directed to
$81,636.00, are hereby approved and ordered filedadvertise for bids for the construction of the
in the office of the City Clerk for public inspection.improvements herein provided, to be published in
Passed, adopted and approved this 1st day ofa newspaper having general circulation in the City
August, 1994.of Dubuque, Iowa, which notice shall not be less
Terrance M. Duggan, Mayorthan four days nor more than twenty days prior to
Attest:the receipt of said bids at 10:00 a.m. on the 25th
Mary A. Davis, City Clerkday of August, 1994. Bids shall be opened and
Council Member Nagle moved adoption of theread by the City Clerk at said time and will be
Resolution. Seconded by Council Membersubmitted to the Council for final action at 7:30
Nicholson. Carried by the following vote:p.m. on the 6th day of September, 1994.
Yeas—Mayor Duggan, Council MembersPassed, adopted and approved this 1st day of
Kluesner, Krieg, Nagle, Nicholson, Robbins,August, 1994.
Voetberg. Nays—None.Terrance M. Duggan, Mayor
Attest:
RESOLUTION NO. 269-94Mary A. Davis, City Clerk
FIXING DATE OF HEARING ON PLANSCouncil Member Nagle moved adoption of the
Resolution. Seconded by Council Member
AND SPECIFICATIONS
Whereas, the City Council of the City ofNicholson. Carried by the following vote:
Dubuque, Iowa has given its preliminary approvalYeas—Mayor Duggan, Council Members
of the proposed plans, specifications, and form ofKluesner, Krieg, Nagle, Nicholson, Robbins,
contract and placed same on file in the office of theVoetberg. Nays—None.
City Clerk for public inspection of the Operations
and Maintenance Department Garage RoofMINUTES SUBMITTED — Environmental
Rehabilitation Project.Stewardship Commission of 7-12; Five Flags
NOW, THEREFORE, BE IT RESOLVED BYCommission of 7-18; Historic Preservation
THE CITY COUNCIL OF THE CITY OFCommission of 7-15; Housing Code Appeals
DUBUQUE, IOWA:Board of 7-19; Housing Commission of 7-12;
That on the 6th day of September, 1994, aHuman Rights Commission of 6-13; Investment
public hearing will be held at 7:30 p.m. in theOversight Commission of 7-13; Park & Recreation
Public Library Auditorium at which timeCommission of 7-12, presented and read. Council
interested persons may appear and be heard for orMember Voetberg moved that the minutes be
against the proposed plans and specifications, formreceived and filed. Seconded by Council Member
of contract and cost of said improvement, and theRobbins. Carried by the following vote:
City Clerk be and is hereby directed to cause aYeas—Mayor Duggan, Council Members
notice of time and place of such hearing to beKluesner, Krieg, Nagle, Nicholson, Robbins,
published in a newspaper having generalVoetberg. Nays—None.
circulation in the City of Dubuque, Iowa, which
notice shall not be less than four days nor moreNOTICES OF CLAIMS/SUITS — Jan
than twenty days prior to the day fixed for itsAppleby in amount of $124.96 for vehicle
consideration. At the hearing, any interesteddamages; Kristin Carlson (By her mother, Brenda
person may appear and file objections to theLampo) in unknown amount for personal injuries;
proposed plans, specifications, contract, orStephen & Avery Clow in amount of $1,089.02
estimated cost of the improvement.for vehicle damages; Richard & Marjorie Ennis in
Passed, adopted and approved this 1st day ofamount of $141.47 for vehicle damages; Colleen
August, 1994.Gallery in amount of $20.00 for service call; C. J.
Terrance M. Duggan, MayorGantz in the amount of $2,500 for personal
Attest:injuries; Lois Johns in unknown amount for
Mary A. Davis, City Clerkpersonal injuries; Jim Kallaway in amount of
Council Member Nagle moved adoption of the$110.00 for vehicle damages; Diana Leisen in
Resolution. Seconded by Council Memberamount of $975.46 for vehicle damages; Robert &
Nicholson. Carried by the following vote:Judith McElmeel in amount of $940.00 for
Yeas—Mayor Duggan, Council Membersproperty damages, presented and read. Council
Kluesner, Krieg, Nagle, Nicholson, Robbins,Member Voetberg moved that the claims and suits
Voetberg. Nays—None.be referred to the Legal Staff for investigation and
report. Seconded by Council Member Robbins.
RESOLUTION NO. 270-94Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
ORDERING BIDS
Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
253Regular Session, August 1, 1994
Corporation Counsel advising the followingconducted examinations, consisting of Physical
claims have been referred to Crawford &Agility Tests, SRA test and written test, on June
Company, the agent for the Iowa Communities11, 1994 for the position of POLICE OFFICER
Assurance Pool: Personal injury of DustinEntrance Level. During the weeks of July 5 and
Digman; Personal injury of Phyllis M. Minnick,11, oral interviews were conducted on eligible
presented and read. Council Member Voetbergapplicants.
moved that the communications be received andIn accordance with Chapter 400 of the 1993
filed. Seconded by Council Member Robbins.Code of Iowa, as amended, we are now allowed to
Carried by the following vote: Yeas—Mayorcertify additional lists at this time, therefore, we
Duggan, Council Members Kluesner, Krieg,hereby certify this to be the SECOND LIST of
Nagle, Nicholson, Robbins, Voetberg.applicants, in order of standing, and are to be
Nays—None.considered for the position of Police Officer for the
City of Dubuque, Iowa upon exhaustion of the first
Corporation Counsel recommending denial oflist.
following claims: Car damage of Denise J.William Melloch
Parsons; Car damage of Steven A. Weydert,Shawn Wuchter
presented and read. Council Member VoetbergTroy Fields
moved that the communications be received andMichael Moon
filed and denials approved. Seconded by CouncilRobert Twining
Member Robbins. Carried by the following vote:Troy Lake
Yeas—Mayor Duggan, Council MembersStephen McBride
Kluesner, Krieg, Nagle, Nicholson, Robbins,Terry Behning
Voetberg. Nays—None.Denis Wagner
Martin Steil
Corporation Counsel recommending settlementRespectfully submitted,
of Property damage claim of Daniel R. Grutz, inJames N. Feehan
the amount of $79.00, presented and read.Chairperson (Acting)
Council Member Voetberg moved that theJohn H. Markham
communication be received and filed andCivil Service Commission
settlement approved and directed Finance Director
to issue proper checks. Seconded by CouncilJuly 18, 1994
Member Robbins. Carried by the following vote:Honorable Mayor and Members of the City
Yeas—Mayor Duggan, Council MembersCouncil
Kluesner, Krieg, Nagle, Nicholson, Robbins,In accordance with Chapter 400 of the 1993
Voetberg. Nays—None.Code of Iowa, the Civil Service Commission
conducted examinations, consisting of Physical
July 18, 1994Agility Tests, SRA test and written test, on June
Honorable Mayor and Members of the City11, 1994 for the position of POLICE OFFICER
CouncilEntrance Level. During the weeks of July 5 and
In accordance with Chapter 400 of the 199311, oral interviews were conducted on eligible
Code of Iowa, the Civil Service Commissionapplicants.
conducted examinations, consisting of PhysicalIn accordance with Chapter 400 of the 1993
Agility Tests, SRA test and written test, on JuneCode of Iowa, as amended, we are now allowed to
11, 1994 for the position of POLICE OFFICERcertify additional lists at this time, therefore, we
Entrance Level. During the weeks of July 5 andhereby certify this to be the THIRD LIST of
11, oral interviews were conducted on eligibleapplicants, in order of their standing, and are to be
applicants.considered for the position of Police Officer for the
We hereby certify this is to be the FIRST LISTCity of Dubuque, Iowa upon exhaustion of the
of applicants, in order of their standing, and are tosecond list.
be considered for the position of Police Officer forTerry McCallister
the City of Dubuque, Iowa.Jennifer Massey
William MackiRussell Martin
Michael KaneMichael Muenster
David RobertsDavid Erb
Pablo RamirezSteve O'Hara
Larry LangelyJohn Jungers
David RandallCraig Bahl
Larry YoungDavid Luber
Christopher SkorupskiDavid Allen
Jeffrey TupperRespectfully submitted,
Timothy BehningJames N. Feehan
Nathan TylerChairperson (Acting)
Respectfully submittedJohn H. Markham
James N. FeehanCivil Service Commission
Chairperson (Acting)
John A. MarkhamJuly 18, 1994
Civil Service CommissionHonorable Mayor and Members of the City
Council
July 18, 1994In accordance with Chapter 400 of the 1993
Honorable Mayor and Members of the CityCode of Iowa, the Civil Service Commission
Councilconducted written promotion examinations on June
In accordance with Chapter 400 of the 199320 and 21, 1994 for the positions of POLICE
Code of Iowa, the Civil Service Commission
Regular Session, August 1, 1994254
CAPTAIN, POLICE CORPORAL AND POLICECommunication of the City Manager requesting
LIEUTENANT.authorization to publish notice of Environmental
We hereby certify that the following membersReview Findings and requesting release of funds
of the Police Department have passed these writtenfor CDBG Flood Disaster Relief Project, presented
promotional examinations and promotion for theand read. Council Member Voetberg moved that
positions should be made from the appropriatethe communication be received and filed.
lists.Seconded by Council Member Robbins. Carried
POLICE CAPTAINby the following vote: Yeas—Mayor Duggan,
Michael SullivanThomas SchaeferCouncil Members Kluesner, Krieg, Nagle,
Terrance TobinJohn StevensNicholson, Robbins, Voetberg. Nays—None.
Thomas RaschkeWilliam Gibson
William DavisLarry Verdick
RESOLUTION NO. 271-94
Paula GiesemanRobert PrineRESOLUTION AUTHORIZING
Robert FlanneryPUBLICATION OF NOTICE OF
POLICE CORPORALENVIRONMENTAL REVIEW FINDING
Jeffrey PillardThomas Parker
AND REQUEST FOR RELEASE OF FUNDS
Russell SteckleinPatricia FolgerFOR THE COMMUNITY DEVELOPMENT
Mark DalsingScott CrabillBLOCK GRANT FLOOD DISASTER
Steven EastvedtCorey Sommer
RELIEF PROJECT
Dwaine PrineWhereas, the City of Dubuque will be entering
POLICE LIEUTENANTinto a grant agreement with the U.S. Department of
Michael SullivanDaniel AvenariusHousing and Urban Development providing for
Shane O'BrienThomas Schaeferfinancial assistance to the City under the
Steven EastvedtRobert FlanneryCommunity Development Block Grant Flood
Terrence TobinPatricia FolgerDisaster Relief Program; and
Michael RettenmeierScott CrabillWhereas, pursuant to the rules and regulations
Respectfully submitted, as promulgated by the U.S. Department of
James N. FeehanHousing and Urban Development, an
Chairperson (Acting)environmental review has been processed for the
John H. Markhamhereinafter described project proposed to be
Civil Service Commissionfinanced with Community Development Block
Council Member Voetberg moved that the CivilGrant Flood Disaster Relief Funds; and
Service communications be received and filed andWhereas, on January 21, 1994, and review on
made a matter of record. Seconded by CouncilJuly 15, 1994, after due consideration, a
Member Robbins. Carried by the following vote:determination was made by the Community and
Yeas—Mayor Duggan, Council MembersEconomic Development Department that the
Kluesner, Krieg, Nagle, Nicholson, Robbins,project is not a major federal action significantly
Voetberg. Nays—None.affecting the quality of the human environment.
NOW, THEREFORE, BE IT RESOLVED BY
Petition of residents of Bluff Street, containingTHE CITY COUNCIL OF THE CITY OF
35 signatures, requesting directive signs at the 1stDUBUQUE, IOWA:
& Bluff Streets intersection and considerSection 1. That the City Clerk be and she is
eliminating heavy vehicle traffic on Bluff St. fromhereby authorized and directed to publish a Notice
1st to Dodge, presented and read. Councilof Finding of No Significant Effect on the
Member Voetberg moved that the petition beEnvironment and Request for Release of Funds for
referred to the City Manager and Staff. Secondedthe project, and to make the Environmental
by Council Member Robbins. Carried by theReview Record and said project available for
following vote: Yeas—Mayor Duggan, Councilpublic inspection. Such notice shall be in the form
Members Kluesner, Krieg, Nagle, Nicholson,of Exhibit "A" attached hereto and made a part
Robbins, Voetberg. Nays—None. hereof.
Section 2. That the City of Dubuque hereby
Petition of 14 property owners on Emmett St.declares its intent to submit a request to the U.S.
and St. Mary's Street, requesting Council toDepartment of Housing and Urban Development
remove their property from all Historic Districts,for release of funds to undertake the above-
presented and read. Council Member Voetbergmentioned project on August 8, 1994.
moved that the petition be referred to the HistoricPassed, approved and adopted this 1st day of
Preservation Commission for investigation andAugust, 1994.
report. Seconded by Council Member Robbins.Terrance M. Duggan, Mayor
Carried by the following vote: Yeas—MayorAttest:
Duggan, Council Members Kluesner, Krieg,Mary A. Davis, City Clerk
Nagle, Nicholson, Robbins, Voetberg.Council Member Voetberg moved adoption of
Nays—None.the Resolution. Seconded by Council Member
Robbins. Carried by the following vote:
Communication of Dean Robey submitting hisYeas—Mayor Duggan, Council Members
resignation from the Zoning Board of Adjustment,Kluesner, Krieg, Nagle, Nicholson, Robbins,
presented and read. Council Member VoetbergVoetberg. Nays—None.
moved that the communication be receive and filed
and resignation accepted with regret. Seconded byCommunication of City Manager
Council Member Robbins. Carried by therecommending approval of a grant agreement with
following vote: Yeas—Mayor Duggan, CouncilHUD in the amount of $1,440,000 for FY'95,
Members Kluesner, Krieg, Nagle, Nicholson,presented and read. Council Member Voetberg
Robbins, Voetberg. Nays—None.moved that the communication be received and
filed. Seconded by Council Member Robbins.
255Regular Session, August 1, 1994
Carried by the following vote: Yeas—MayorCommunication of City Manager
Duggan, Council Members Kluesner, Krieg,recommending approval of request from Ron
Nagle, Nicholson, Robbins, Voetberg.Smith for extension of time to provide necessary
Nays—None.security for platting of Loras Estates, presented and
read. Council Member Voetberg moved that the
RESOLUTION NO. 272-94communication be received and filed. Seconded
RESOLUTION AUTHORIZING THEby Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
EXECUTION OF A COMMUNITY
Members Kluesner, Krieg, Nagle, Nicholson,
DEVELOPMENT BLOCK GRANT
AGREEMENT WITH THE DEPARTMENTRobbins, Voetberg. Nays—None.
OF HOUSING AND URBAN
DEVELOPMENT FOR FISCAL YEAR 1995RESOLUTION NO. 273-94
Whereas, under provisions of Title I of HousingRESOLUTION RESCINDING
and Community Development Act of 1974, asRESOLUTION NO. 36-94 AND
amended, the City of Dubuque prepared andREAFFIRMING THE FINAL PLAT OF
submitted a Statement of Intent on May 18, 1994,
LORAS ESTATES IN THE CITY OF
for a Community Development Block Grant; andDUBUQUE, IOWA.
Whereas, the submission has been approved byWhereas, there has been filed with the City
the Department of Housing and UrbanClerk, a final plat of Loras Estates in the City of
Development in the amount of $1,440,000 for aDubuque, Iowa; and
twelve month program commencing July 1, 1994;Whereas, upon said final plat appears certain
andpublic utility easements which the owners, by said
Whereas, a grant agreement covering theplat, have dedicated to the public forever; and
activities proposed to be carried out with theWhereas, upon said final plat appeared a
Community Development Block Grant funds hascertain private street to be owned by and
been tendered the City of Dubuque.maintained to City standards at the sole expense of
NOW, THEREFORE, BE IT RESOLVED BYthe owners or their successors as assigned; and
THE CITY COUNCIL OF THE CITY OFWhereas, said final plat has been examined by
DUBUQUE, IOWA:the Zoning Commission and had its approval
Section 1. That the grant agreement,endorsed thereon, subject to the owners agreeing to
authorized by the U.S. Department of Housing andcertain conditions set forth in the original approval
Urban Development on July 21, 1994, for aof said plat; and
Community Development Block Grant to the CityWhereas, said final plat was examined by the
of Dubuque in the amount of $1,440,000 is herebyCity Council and the City Council found that it
accepted.conformed with the statutes and ordinances
Section 2. That the Mayor of the City ofrelating thereto, except that the drive grades have
Dubuque be and he is hereby authorized andnot been established, nor had all driveways been
directed to execute a Community Developmentbrought to grade and not all the paving installed;
Block Grant Agreement identified as Grantand
Agreement B-94-MC-19-0004 for submission toWhereas, the City Council concurred in the
the U.S. Department of Housing and Urbanconditions of approval established by the Zoning
Development.Commission; and
Passed, approved and adopted this 1st day ofWhereas, the City Council in Resolution No.
August, 1994.36-94 on February 7, 1994, has reaffirmed the
Terrance M. Duggan, Mayorapproval of the final plat of Loras Estates; and
Attest:Whereas, the City Council concurs in the
Mary A. Davis, City Clerkconditions of approval established in the previous
Council Member Voetberg moved adoption ofapproval.
the Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED BY
Robbins. Carried by the following vote:THE CITY COUNCIL OF THE CITY OF
Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 1. That the final plat of Loras Estates,
Voetberg. Nays—None.as set forth in Resolution No. 36-94 is hereby
rescinded.
City Manager notifying City Council of meterSection 2. That the easement for public
changes in the 1000 block of Iowa Street, Westutilities, sewer and water, as they appear upon said
side and the South side of 11th Street from Iowafinal plat, be and the same is hereby accepted.
Street, westerly to the alley, presented and read.Section 3. The approval of the final plat of
Council Member Voetberg moved that theLoras Estates in the City of Dubuque, Iowa, is
communication be received and filed. Secondedhereby reaffirmed and the Mayor and City Clerk
by Council Member Robbins. Carried by theare hereby authorized and directed to endorse the
following vote: Yeas—Mayor Duggan, Councilapproval of the City of Dubuque, Iowa, upon said
Members Kluesner, Krieg, Nagle, Nicholson,final plat, provided the owners of said property
Robbins, Voetberg. Nays—None.herein named execute their written acceptance
hereto attached agreeing:
City Manager recommending a Courtesya.To reduce Justin Lane to grade and to
Parking Ticket Program, presented and read.hard surface the street of Loras Estates
Council Member Voetberg moved that thewith bituminous concrete or with concrete
communication be received and filed. Secondedpaving, all in accordance with the
by Council Member Robbins. Carried by theapproved plans on file in the Office of the
following vote: Yeas—Mayor Duggan, CouncilCity Engineer, City of Dubuque, Iowa.
Members Kluesner, Krieg, Nagle, Nicholson,b.To install sanitary sewer mains and sewer
Robbins, Voetberg. Nays—None.service laterals into each individual lot,
Regular Session, August 1, 1994256
water mains and water service laterals intoNagle, Nicholson, Robbins, Voetberg.
each individual lot, storm sewers andNays—None.
catch basins, and erosion control devices,
all in accordance wit the constructionCity Manager submitting Feasibility Study for
improvement plans approved by the CityUniversity of Dubuque Access to U.S. 20 project,
Engineer and inspected by the Citypresented and read. Council Member Voetberg
Engineer.moved that the communication be received and
c.To provide perpetual maintenance for allfiled. Seconded by Council Member Robbins.
detention areas and erosion controlCarried by the following vote: Yeas—Mayor
devices at the sole expense of the owners,Duggan, Council Members Kluesner, Krieg,
Ron and Jan Smith, or successors asNagle, Nicholson, Robbins, Voetberg.
assigned.Nays—None.
d. To provide the foregoing construction and
maintenance of all said improvements atCity Manager submitting applications that were
the sole expense of the owners, Ron andmade to the Housing Trust Fund, presented and
Jan Smith, or their successors as assigned.read. Council Member Voetberg moved that the
e.To construct said improvements withincommunication be received and filed. Seconded
one (1) year from the date of adoption ofby Council Member Robbins. Carried by the
this resolution by the City of Dubuque,following vote: Yeas—Mayor Duggan, Council
Iowa.Members Kluesner, Krieg, Nagle, Nicholson,
f.Sidewalks shall be provided adjoining theRobbins, Voetberg. Nays—None.
street.
g.All improvements of said propertyCity Manager advising a Work Session with the
conform to the conceptual developmentZoning Commission has been scheduled for
plan of Loras Estates' PR PlannedAugust 29th, presented and read. Council Member
Residential District or its amendments asVoetberg moved that the communication be
approved by the Dubuque City Councilreceived and filed. Seconded by Council Member
by Ordinance No. 56-92.Robbins. Carried by the following vote:
Section 4. That Ron and Jan Smith, as owners,Yeas—Mayor Duggan, Council Members
shall secure the foregoing conditions by providingKluesner, Krieg, Nagle, Nicholson, Robbins,
security in such form and with such surety as mayVoetberg. Nays—None.
be approved by the City Manager.
Section 5. That in the event Ron and JanThere being no further business, Council
Smith, as owners, fail to execute the acceptanceMember Nagle moved to adjourn. Seconded by
and furnish the security provided for in Section 4Council Member Nicholson. Carried by the
within 180 days from the date of this resolution,following vote: Yeas—Mayor Duggan, Council
the provision hereof shall be null and void and theMembers Kluesner, Krieg, Nagle, Nicholson,
acceptance of the dedication and approval of theRobbins, Voetberg. Nays—None. Meeting
final plat shall not be effective.ENDFIELD adjourned at 8:24 p.m.
Passed, approved and adopted this 1st day of
August, 1994.Mary A. Davis CMC
Terrance M. Duggan, MayorCity Clerk
Attest:
Mary A. Davis, City Clerk
Approved ______________________, 1995.
ACCEPTANCE OF RESOLUTION
NO. 273-94
Adopted _______________________, 1995.
We, the undersigned, Ron and Jan Smith,
having read the terms and conditions of the
Resolution No. 273-94 and being familiar with the
conditions thereof, hereby accept this same and
____________________________________
agree to the conditions required therein.
Mayor
Dated in Dubuque, Iowa this day of ,
1994.
NOT SIGNED AS OF JANUARY 24, 1995____________________________________
By ____________________________
Ron Smith
____________________________________
By ____________________________
Jan Smith
Council Member Voetberg moved adoption of
____________________________________
the Resolution. Seconded by Council Member
Robbins. Carried by the following vote:
____________________________________
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
____________________________________
City Manager submitting an update regarding
disposition of property at 16th & Kerper Blvd.,
____________________________________
presented and read. Council Member Kluesner
Council Members
moved that the communication be received and
filed. Seconded by Council Member Nicholson.
Attest:
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
____________________________________
257Regular Session, August 1, 1994
City Clerk
Regular Session, August 15, 1994260
district will enhance the attractiveness of the area
and the City as a potential site for new and
DUBUQUE
expanding commercial and industrial enterprises;
and
Whereas, an Urban Renewal Plan for said
CITY COUNCIL
district has been prepared and is hereto attached as
Attachment A, which Plan indicates, among other
things, the development objectives of the district,
OFFICIALpublic purpose activities, land acquisition,
development requirements, and standards for
PROCEEDINGS
relocation assistance; and
Whereas, the Long Range Planning
Commission has reviewed said Plan and has found
that said Plan conforms to the general plan for the
development of the City of Dubuque as a whole
City Council Meeting, August 15, 1994
and has transmitted its findings to the City
Council Met at 7:30 P.M., Public Library
AuditoriumCouncil; and
Present: Mayor Duggan, Council MembersWhereas, the City Council has held a public
hearing on said Plan after public notice thereof by
Kluesner, Nagle, Nicholson, Robbins, Voetberg,
published notice; and
City Manager Michael C. Van Milligen,
Corporation Counsel Barry A. Lindahl.Whereas, it is provided in Chapter 403 of the
Absent: Council Member Krieg.1993 Code of Iowa that the governing body of a
municipality may approve an urban renewal plan
Mayor Duggan read the call and stated this isif it finds that:
the Regular Session of the City Council called fora.A feasible method exists for the relocation
of households displaced from the urban
the purpose to act upon such business which may
renewal district into decent, safe and
properly come before the Council.
sanitary dwelling accommodations within
Invocation was given by Rev. Fredericktheir means and without any undue
hardship; and
Fangmann, Pastor of Holy Ghost Catholic Church.
b.Any nonresidential uses to be developed
Council Member Voetberg moved that the ruleson an area of open land to be acquired as
be suspended to allow anyone present to addresspart of the plan are necessary and
appropriate to facilitate the proper growth
the Council. Seconded by Council Member Nagle.
and development of the community in
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Nagle,accordance with sound planning standards
and local community objectives; and
Nicholson, Robbins, Voetberg. Nays—None.
c.The Urban Renewal Plan conforms to the
Absent—Council Member Krieg.
general plan of the municipality as a
Proof of publication certified to by thewhole.
NOW, THEREFORE, BE IT RESOLVED BY
Publisher on Notice of Hearing on the proposed
THE CITY COUNCIL OF THE CITY OF
Kerper Boulevard Industrial Park Economic
Development District Urban Renewal Plan; DUBUQUE, IOWA:
Communication of City Manager submittingSection 1. That the following described area, to
be known as the "Kerper Boulevard Industrial
documents and requesting approval of the Kerper
Park Economic Development District," is an
Blvd. Industrial Park Economic Development
District Urban Renewal Plan; Communication ofeconomic development area within the meaning of
the Long Range Planning Commission approvingIowa Code Section 403.17(8); to wit:
That area bordered on the north by the northern
the Kerper Blvd. Industrial Park Economic
Development District Urban Renewal Plan, withboundaries of the following parcels: Lot 2 of the
specific suggestions recommended, presented andKerper Industrial Subdivision Number 1, Lot 1 of
Lot 1 of the Kerper Industrial Subdivision Number
read. Council Member Voetberg moved that the
1, and Lot 3 of the FDL First Addition; on the east
proof and communications be received and filed.
Seconded by Council Member Robbins. Carriedby the eastern boundary of the Kerper Boulevard
by the following vote: Yeas—Mayor Duggan,right-of-way; on the south by the southern
boundary of the East Sixteenth Street right-of-way;
Council Members Kluesner, Nagle, Nicholson,
and on the west by the eastern limits of the Soo
Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.Line Railroad right-of-way; all located in the City
of Dubuque, Dubuque County, Iowa.
Section 2. That the Urban Renewal Area is
RESOLUTION NO. 274-94
RESOLUTION ADOPTING THE KERPERappropriate for commercial and industrial
enterprises, is eligible for an urban renewal project
BOULEVARD INDUSTRIAL PARK
and otherwise meets the requisites under the
ECONOMIC DEVELOPMENT DISTRICT
provisions of Chapter 403 of the Code of Iowa,
URBAN RENEWAL PLAN
Whereas, the City Council has, by Resolutionand the development of this area is necessary in the
No. 247-94, found that the area, to be known asinterest of the public health, safety or welfare of
the residents of this City.
the "Kerper Boulevard Industrial Park Economic
Section 3. That this Council further finds that:
Development District," is an economic
development area, as defined by Chapter 403 ofa.A feasible method exists for the relocation
the 1993 Iowa Code, and is appropriate for urbanof households who will be displaced from the
urban renewal district into decent, safe and
renewal activities; and
sanitary dwelling accommodations within their
Whereas, the Council believes that the
designation of said area as an urban renewal
261Regular Session, August 15, 1994
means and without any undue hardship to suchHugh Lamont, Executive Dir. of the Greater
families;Dubuque Development Corp., urged adoption of
b.The Kerper Boulevard Park Economicthe proposed Ordinance.
Development District Urban Renewal Plan and
the Urban Renewal Area designated therein An Ordinance of the City of Dubuque, IA
conform to the general plan of the City as aproviding that general property taxes levied and
whole; andcollected each year on all property located within
c.As to those areas of open land includedthe Kerper Blvd. Industrial Park Economic
within the Urban Renewal Area designatedDevelopment District in the City of Dubuque,
therein to be acquired by the City:County of Dubuque, State of Iowa, by and for the
(1) With reference to those portionsbenefit of the State of Iowa, City of Dubuque,
thereof which are to be developed forCounty of Dubuque, Dubuque Community School
residential uses, this City Council herebyDistrict, and other taxing districts, be paid to a
determines that a shortage of housing ofspecial fund for payment of principal and interest
sound standards and design with decency,on loans, monies advanced to, and indebtedness,
safety, and sanitation exists within theincluding bonds issued or to be issued, incurred by
City; that the need for housingsaid City in connection with approved
accommodations has been or will bedevelopment projects located within said Urban
increased as a result of the clearance ofRenewal District, presented and read.
slums and other areas, including other
portions of the Urban Renewal Area; that(OFFICIAL PUBLICATION)
the conditions of blight in the area and theORDINANCE NO. 43-94
shortage of decent, safe and sanitary
AN ORDINANCE OF THE CITY OF
housing cause or contribute to an increaseDUBUQUE, IOWA PROVIDING THAT
in and spread of disease and crime, andGENERAL PROPERTY TAXES LEVIED
constitute a menace to the public health,AND COLLECTED EACH YEAR ON ALL
safety, morals or welfare; and that the
PROPERTY LOCATED WITHIN THE
acquisition of the area for residential usesKERPER BOULEVARD INDUSTRIAL
is an integral part of and essential to thePARK ECONOMIC DEVELOPMENT
program of the City.DISTRICT IN THE CITY OF DUBUQUE,
(2) With reference to those portions
COUNTY OF DUBUQUE, STATE OF IOWA,
thereof which are to be developed for non-BY AND FOR THE BENEFIT OF THE
residential uses, the City Council herebySTATE OF IOWA, CITY OF DUBUQUE,
determines that such non-residential uses
COUNTY OF DUBUQUE, DUBUQUE
are necessary and appropriate to facilitate
COMMUNITY SCHOOL DISTRICT , AND
the proper growth and development of theOTHER TAXING DISTRICTS, BE PAID TO
City in accordance with sound planningA SPECIAL FUND FOR PAYMENT OF
standards and local community objectives.
PRINCIPAL AND INTEREST ON LOANS,
Section 4. That the Kerper BoulevardMONIES ADVANCED TO, AND
Industrial Park Economic Development DistrictINDEBTEDNESS, INCLUDING BONDS
Urban Renewal Plan, attached hereto asISSUED OR TO BE ISSUED, INCURRED BY
Attachment "A" and incorporated herein by
SAID CITY IN CONNECTION WITH
reference, be and the same is hereby approved andAPPROVED DEVELOPMENT PROJECTS
adopted as the "Kerper Boulevard Industrial ParkLOCATED WITHIN SAID URBAN
Economic Development District Urban Renewal
RENEWAL DISTRICT
Plan for the City of Dubuque, Iowa"; is hereby inWhereas, the City Council of the City of
all respects approved.Dubuque, Iowa, after public notice and hearing as
Section 5. That the City Clerk be and she isprescribed by law and pursuant to Resolution
hereby directed to file a certified copy of said Planpassed and approved August 15, 1994, adopted an
with the proceedings of this meeting.urban renewal plan for an area known as Kerper
Section 6. That the Plan shall be in full forceBoulevard Industrial Park Economic Development
and effect until January 1, 2015 or until such timeDistrict, which includes the following described
that the City has received full reimbursement fromproperty and the adjacent public rights-of-way:
incremental taxes of its advances and principal andThat area bordered on the north by the northern
interest payable on all tax increment financing orboundaries of the following parcels: Lot 2 of the
general obligations issued to carry out theKerper Industrial Subdivision Number 1, Lot 1 of
objectives of the Plan for the District, and said PlanLot 1 of the Kerper Industrial Subdivision Number
shall be forthwith certified by the City Clerk, along1, and Lot 3 of the FDL First Addition; on the east
with a copy of this Resolution, to the Recorder forby the eastern boundary of the Kerper Boulevard
Dubuque County, Iowa, to be filed and recorded inright-of-way; on the south by the southern
the manner provided by law.boundary of the East Sixteenth Street right-of-way;
Passed, approved and adopted this 15th day ofand on the west by the eastern limits of the Soo
August, 1994.Line Railroad right-of-way; all located in the City
Terrance M. Duggan, Mayorof Dubuque, Dubuque County, Iowa
Attest:Whereas, expenditures and indebtedness of
Karen M. Chesterman, Deputy City Clerkbonds and/or loans are anticipated to be incurred
Council Member Voetberg moved adoption ofby the City Council of the City of Dubuque, Iowa
the Resolution. Seconded by Council Memberin the future to finance approved development
Robbins. Carried by the following vote:projects within the Kerper Boulevard Industrial
Yeas—Mayor Duggan, Council MembersPark Economic Development District; and
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Whereas, the City Council of the City of
Nays—None. Absent—Council Member Krieg.Dubuque, Iowa, desire to provide for the division
of revenue from taxation in the Urban Renewal
Regular Session, August 15, 1994262
Project Area, as above described in accordanceother provisions or applications of this Ordinance
with the provisions of Section 403.19 of the Codewhich shall at all times be construed to fully
of Iowa, 1993.invoke the provisions of Section 403.19 of the
NOW THEREFORE, BE IT ORDAINED BYCode of Iowa, 1993 with reference to said Urban
THE CITY COUNCIL OF THE CITY OFRenewal District.
DUBUQUE, IOWA:Section 17. This Ordinance shall be in effect
Section 1. That the Kerper Boulevardafter its final passage, approval and publication as
Industrial Park Economic Development Districtprovided by law.
legally described in the preamble hereof, by andPassed, approved and adopted this 15th day of
for the benefit of the State of Iowa, City ofAugust, 1994.
Dubuque, County of Dubuque, DubuqueTerrance M. Duggan, Mayor
Community School District, and all other taxingAttest:
districts from and after the effective date of thisKaren M. Chesterman, Deputy City Clerk
Ordinance shall be divided as hereinafter in thisPublished officially in the Telegraph Herald
Ordinance provided.newspaper this 19th day of August, 1994.
Section 2. That portion of the taxes which
1t 8/19
would be produced by the rate at which the tax isKaren M. Chesterman, Deputy City Clerk
levied each year by or for each of the taxingCouncil Member Voetberg moved that the
districts taxing property in said Urban Renewalrequirement that a proposed Ordinance be
District upon the total sum of the assessed value of
considered and voted on for passage at two
the taxable property in said district as shown on theCouncil Meetings prior to the meeting at which it
assessment role on January 1, 1993 shall beis to be finally passed be suspended. Seconded by
allocated to and when collected, be paid into theCouncil Member Robbins. Carried by the
fund for the respective taxing district as taxes by orfollowing vote: Yeas—Mayor Duggan, Council
for said taxing district into which all other propertyMembers Kluesner, Nagle, Nicholson, Robbins,
taxes are paid.Voetberg. Nays—None. Absent—Council
Section 3. That portion of the taxes each year
Member Krieg. Council Member Voetberg
in excess of the base period taxes determined asmoved final consideration and passage of the
provided in Section 2 of this Ordinance shall beOrdinance. Seconded by Council Member
allocated to and when collected paid into a specialRobbins. Carried by the following vote:
fund to be hereafter established by Resolution of
Yeas—Mayor Duggan, Council Members
the City of Dubuque, Iowa, to pay the principal ofKluesner, Nagle, Nicholson, Robbins, Voetberg.
and interest on loans, monies advanced to,Nays—None. Absent—Council Member Krieg.
indebtedness, whether funded, refunded, assumed
or otherwise, including bonds issued under the
Proof of publication certified to by the
authority of Section 403.9 of the Code of Iowa,Publisher on Notice of Public Hearing to consider
1993, and the Section 403.12 of the Code of Iowa,an Ordinance vacating the Southerly one-half of an
1993, which may be incurred by the City of
alley between Elm and Washington Streets, from
Dubuque, Iowa, to finance or refinance in whole or13th St. to 14th St. and disposing of City's interest
in part approved urban renewal project activitiesin "Lot 137A of East Dubuque, an Addition in the
within the Urban Renewal District except the taxesCity of Dubuque, Iowa" to Clark W. Wolff upon
for the payment of bonds and interest on each
the payment of $3,847.50 plus publication and
taxing district shall be collected against all taxablefiling fees; communication of City Manager
property within the Urban Renewal Districtrecommending vacation of above property and sale
without any limitation as hereinabove provided.of vacated alley to Mr. Clark W. Wolff of Selco
Section 4. All taxes levied and collected upon
for $3,847.50 and communication of Mike
the taxable property in said Kerper BoulevardMcCarty objecting to vacation and sale of
Industrial Park Economic Development Districtsoutherly one-half of alley between Elm and
shall be paid into the funds of the taxing districts as
Washington Sts., from 13th St. to 14th St. to Clark
taxes by or for said taxing districts in the sameW. Wolff, presented and read. Council Member
manner as all other property taxes unless or untilVoetberg moved that the proof and
the total assessed valuation of the taxable propertycommunications be received and filed. Seconded
in said district as shown on the January 1, 1993
by Council Member Kluesner. Carried by the
assessment roles.following vote: Yeas—Mayor Duggan, Council
Section 5. At such time as the indebtedness ofMembers Kluesner, Nagle, Nicholson, Robbins,
the City of Dubuque, hereinabove referred to, haveVoetberg. Nays—None. Absent—Council
been paid, all monies thereafter received from
Member Krieg.
taxes upon the taxable property in the Urban
Renewal District known as the Kerper BoulevardClark Wolff of 255 Villa, requested this
Industrial Park Economic Development Districtproperty for security purposes for his business.
shall be paid into the funds for the respectiveMike McCarty, representing his wife and
taxing districts in the same manner as taxes on allgrandmother, stated concerns and objections to
other property.requested action.
Section 6. All Ordinance or parts of
Ordinances in conflict with the provisions of thisAn Ordinance Vacating the Southerly One-Half
Ordinance are hereby repealed. The provisions ofof an Alley between Elm and Washington Streets,
this Ordinance are intended and shall be construedfrom 13th St. to 14th St., presented and read.
so as to fully implement the provisions of Section
Council Member Voetberg moved that the
403.19 of the Code of Iowa, 1993 with respect torequirement that a proposed Ordinance be
the division of taxes from property within theconsidered and voted on for passage at two
Urban Renewal District as described above. In theCouncil Meetings prior to the meeting at which it
event that any provision of this Ordinance shall be
is to be finally passed be suspended. Seconded by
determined to be contrary to law, it shall not affectCouncil Member Kluesner. Vote on the motion
263Regular Session, August 15, 1994
was as follows: Yeas—None. Nays—MayorVote on the appointment was as follows: Mayor
Duggan, Council Members Kluesner, Nagle,Duggan voted for Bechen. Council Member
Nicholson, Robbins, Voetberg. Absent: CouncilKluesner voted for Bechen. Council Member
Member Krieg. MOTION FAILED. Krieg was absent. Council Member Nagle voted
Council Member Voetberg moved adoption offor Bechen. Council Member Nicholson voted for
the Resolution Approving disposal of interest ofGasper. Council Member Robbins voted for
the City in Lot 137A of East Dubuque, anBechen. Council Member Voetberg voted for
Addition in the City of Dubuque, Iowa, to ClarkGasper. Therefore, Vicki M. Bechen appointed to
W. Wolff. Seconded by Council Memberthe unexpired term on the Zoning Board of
Kluesner. Vote on the motion was as follows:Adjustment which will expire 3-25-96.
Yeas—None. Nays—Mayor Duggan, Council
Members Kluesner, Nagle, Nicholson, Robbins,Communication of City Manager
Voetberg. Absent—Council Member Krieg.recommending submittal of a juvenile crime
MOTION FAILED.prevention program grant application to the Iowa
Juvenile Crime Prevention Community Grant
Fund, presented and read. Council Member
BOARDS AND COMMISSIONS:
HOUSING COMMISSIONVoetberg moved that the communication be
APPOINTMENTS:received and filed and recommendation approved.
Three 3-year terms which will expire 8-17-97Seconded by Council Member Kluesner. Carried
(terms of Busch, Coakley & Oneyear).by the following vote: Yeas—Mayor Duggan,
Applications: Rev. Stephen J. Bibb, Thomas J.Council Members Kluesner, Nagle, Nicholson,
Crall, Dennis Oneyear, Tim L. Patterson, TimothyRobbins, Voetberg. Nays—None.
J. Puls, Louise Zimmerman. Absent—Council Member Krieg.
Vote on the appointments was as follows:
Mayor Duggan voted for Crall, Oneyear andCommunication of City Manager submitting
Zimmerman. Council Member Kluesner voted fordocuments and requesting usage of DMATS
Oneyear, Puls, and Zimmerman. Council MemberTransportation Enhancement Funds for the
Krieg was absent. Council Member Nagle votedinstallation of streetscape facilities along the
for Crall, Oneyear and Zimmerman. Councilhistoric pedestrian area in Cable Car Square and
Member Nicholson voted for Crall, Oneyear andcommunication of Cynthia Steinhauser, Executive
Puls. Council Member Robbins voted forDirector of the Dubuque Main St. Ltd. endorsing
Oneyear, Puls and Zimmerman. Council Memberthe City sponsorship of an application to be made
Voetberg voted for Crall, Oneyear and Puls.to the Dubuque Metropolitan Area Transportation
Therefore, Dennis Oneyear reappointed to theStudy for ISTEA funds, presented and read.
Housing Commission for a three year term whichCouncil Member Voetberg moved that the
will expire 8-17-97.communications be received and filed. Seconded
The second vote was as follows: Mayorby Council Member Robbins. Carried by the
Duggan voted for Crall and Zimmerman. Councilfollowing vote: Yeas—Mayor Duggan, Council
Member Kluesner voted for Puls and Zimmerman.Members Kluesner, Nagle, Nicholson, Robbins,
Council Member Krieg was absent. CouncilVoetberg. Nays—None. Absent—Council
Member Nagle voted for Crall and Zimmerman.Member Krieg.
Council Member Nicholson voted for Crall and
Puls. Council Member Robbins voted for Puls andRESOLUTION NO. 275-94
Zimmerman. Council Member Voetberg voted forRESOLUTION APPROVING THE
Puls and Zimmerman. Therefore, Timothy J. Puls
SUBMITTAL OF TWO APPLICATIONS
and Louise Zimmerman appointed to the Housing
FOR DMATS TRANSPORTATION
Commission for a three year term which willENHANCEMENT FUNDING.
expire 8-17-97.Whereas, the DMATS Policy Committee has
announced the availability of $489,000 in local
TRANSIT BOARD OF TRUSTEESTransportation Enhancement funds; and
One 3-year term which will expire 7-30-97.Whereas, the development of pedestrian and
(Term of H. Bemis). Applicants: Harry J. Bemisbicycle facilities, scenic and historic highway
and Shawn T. McCullough.programs and landscaping and other scenic
Mrs. Mary McCullough spoke for her husbandbeautification are eligible activities for
Shawn requesting appointment.enhancement funding; and
Vote on the appointment was as follows: MayorWhereas, design, engineering, acquisition and
Duggan voted for McCullough. Council Memberconstruction costs are eligible for enhancement
Kluesner voted for McCullough. Council Memberfunding; and
Krieg was absent. Council Member Nagle votedWhereas, the City has a Freeway 61/151
for Bemis. Council Member Nicholson voted forCorridor Plan that incorporates the Cable Car
Bemis. Council Member Robbins voted forSquare Development Plan prepared by Dubuque
Bemis. Council Member Voetberg voted forMain Street Ltd. and includes enhancement of the
Bemis. Therefore, Harry J. Bemis reappointed toarea's streetscapes; and
the Transit Board of Trustees for a three year termWhereas, the City of Dubuque recognizes the
to expire 7-30-97.commercial and recreational potential of the Cable
Car Square area.
ZONING BOARD OF ADJUSTMENTNOW THEREFORE, BE IT RESOLVED BY
One unexpired term which will expire 3-25-96THE CITY COUNCIL OF THE CITY OF
(term of D. Robey). Applicants: Vicki M.DUBUQUE, IOWA:
Bechen, Jim Corbett, William M. Gasper. Section 1. That the Mayor is hereby authorized
Bill Gasper, 930 Tressa and Vicki Bechen,to sign and submit this application to the DMATS
both spoke requesting appointment.Policy Committee for DMATS Transportation
Regular Session, August 15, 1994264
Enhancement funds on behalf of Dubuque MainNOW THEREFORE, BE IT RESOLVED BY
Street Ltd.THE CITY COUNCIL OF THE CITY OF
Section 2. That the City of Dubuque herebyDUBUQUE, IOWA:
provides assurance that it will adequately maintainSection 1. That the final plat of Lots 1-3
the complete project for its intended public use forinclusive of Eagles Nest Subdivision in Dubuque
a minimum of twenty (20) years following projectCounty be and the same is hereby approved and
completion.the Mayor and City Clerk are hereby authorized
Section 3. That the City of Dubuque agrees toand directed to endorse the approval of the City of
abide by all local, state and federal requirementsDubuque upon said final plat.
applicable to the proposed projects.Section 2. That the City Council hereby waives
Passed, approved and adopted this 15th day ofArticle IV, Design and Improvement Standards of
August, 1994.the Subdivision Regulations, except for Section
Terrance M. Duggan, Mayor42-19, provided the owners of said property herein
Attest:named execute their written acceptance hereto
Karen M. Chesterman, Deputy City Clerkattached.
Council Member Voetberg moved adoption ofSection 3. That in the event that the owners
the Resolution. Seconded by Council Membershall fail to execute the acceptance within 45 days
Robbins. Carried by the following vote:after the date of this resolution, the provisions
Yeas—Mayor Duggan, Council Membershereof shall be null and void and the acceptance
Kluesner, Nagle, Nicholson, Robbins, Voetberg.and approval of the plat shall not be effective.
Nays—None. Absent—Council Member Krieg.Passed, approved and adopted this 15th day of
August, 1994.
Communication of the City ManagerTerrance, M. Duggan, Mayor
recommending modification of the currentAttest:
procedure of review of plats outside the City limits,Karen M. Chesterman, Deputy City Clerk
presented and read. Council Member KluesnerACCEPTANCE OF RESOLUTION
moved that the communication be received andNO. 276-94
filed and approved modification. Seconded byI, the undersigned, Patrick O'Rourke, having
Council Member Nicholson. Carried by theread the terms and conditions of the Resolution
following vote: Yeas—Mayor Duggan, CouncilNo. 276-94 and being familiar with the conditions
Members Kluesner, Nagle, Nicholson, Robbins,thereof, hereby accept this same and agree to the
Voetberg. Nays—None. Absent—Councilconditions required therein.
Member Krieg.Dated in Dubuque, Iowa this 19th day of
August, 1994.
Communication of City ManagerBy /s/Patrick O'Rourke
recommending approval of final plat of propertyCouncil Member Robbins moved adoption of
located near the south entrance to the Mines ofthe Resolution. Seconded by Council Member
Spain, known as Eagle Nest Subdivision, whichVoetberg. Carried by the following vote:
area is within the two mile review area, presentedYeas—Mayor Duggan, Council Members
and read. Council Member Robbins moved thatKluesner, Nagle, Nicholson, Robbins, Voetberg.
the communication be received and filed.Nays—None. Absent—Council Member Krieg.
Seconded by Council Member Voetberg. Carried
by the following vote: Yeas—Mayor Duggan,Communication of City Manager
Council Members Kluesner, Nagle, Nicholson,recommending approval of final plat of Deer
Robbins, Voetberg. Nays—None. Valley Subdivision - property located south of
Absent—Council Member Krieg. John F. Kennedy Rd. between Rustic Forest Trail
and King Arthur Court, which is within the two
RESOLUTION NO. 276-94mile review area, presented and read. Council
Member Kluesner moved that the communication
RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1-3 INCLUSIVE OFbe received and filed. Seconded by Council
EAGLES NEST SUBDIVISION INMember Nagle. Carried by the following vote:
DUBUQUE COUNTY, IOWA.Yeas—Mayor Duggan, Council Members
Whereas, there has been filed with the CityKluesner, Nagle, Nicholson, Robbins, Voetberg.
Clerk a final plat of Lots 1-3 Inclusive of EaglesNays—None. Absent—Council Member Krieg.
Nest Subdivision in Dubuque County, Iowa; and
Whereas, upon said final plat appears a street toRESOLUTION NO. 277-94
be known as Jicarllo Trail; and
A RESOLUTION APPROVING THE FINAL
Whereas, the preliminary plat has beenPLAT OF LOTS 1-23 INCLUSIVE OF DEER
approved by the City Zoning Commission, waivingVALLEY SUBDIVISION IN DUBUQUE
Article IV, Design Improvement Standards, of the
COUNTY, IOWA.
Subdivision Regulations, except for Section 42-19;Whereas, there has been filed with the City
andClerk a final plat of Lots 1-23 Inclusive of Deer
Whereas, said final plat has been reviewed byValley Subdivision in Dubuque County, Iowa; and
the City Planner and had her approval endorsedWhereas, upon said final plat appear streets to
thereon, subject to the owners agreeing to thebe known as Deer Valley, Aspen Meadow and
conditions noted in Section 2 below; andBreckenridge Court; and
Whereas, said final plat has been examined byWhereas, the preliminary plat has been
the City Council and the City Council finds thatapproved by the City Zoning Commission, waiving
the same conforms to the preliminary plat, exceptArticle IV, Design and Improvement Standards, of
the drive grades have not been established, thethe Subdivision Regulations, except for Section
drive brought to grade or paving installed.42-19; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
265Regular Session, August 15, 1994
thereon, subject to the owners agreeing to theN; Wildflower Drive, also known as Lot P; High
conditions noted in Section 2 below; andCloud Drive, also known as Lot S; Wiltse Drive,
Whereas, said final plat has been examined byalso known as Lot Q; and Wiltse Court, also
the City Council and they find that it conforms toknown as Lot R, and a proposed park area on Lot
the statutes and ordinances relating to it, except1, Block 19, together with certain public utility
that no streets or utilities have yet been constructedand sanitary sewer and storm sewer easements
or installed; andwhich the owners by said final plat have dedicated
Whereas, the City Council concurs in theto the public forever; and
conditions of approval established by the ZoningWhereas, the preliminary plat has been
Commission and the City Planner.examined by the Zoning Commission and had its
NOW, THEREFORE, BE IT RESOLVEDapproval endorsed thereon; and
Whereas, said final plat has been reviewed by
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:the City Planner and had her approval endorsed
Section 1. That the final plat of Lots 1-23thereon, subject to the owners agreeing to the
inclusive of Deer Valley Subdivision in Dubuqueconditions noted in Section 2 below; and
County, Iowa is hereby approved and the MayorWhereas, said final plat has been examined by
and City Clerk are hereby authorized and directedthe City Council and they find that it conforms to
to endorse the approval of the City of Dubuque,the statutes and ordinances relating to it, except
Iowa, upon said final plat.that no streets, public improvements or public
Section 2. That the City Council hereby waivesutilities have yet been constructed or installed; and
Article IV of the Subdivision Regulations, exceptWhereas, the City Council concurs in the
for Section 42-19, provided the owners of saidconditions of approval established by the Zoning
property herein named, execute their writtenCommission and the City Planner.
acceptance hereto attached agreeing: That noNOW, THEREFORE, BE IT RESOLVED BY
access be allowed onto Kennedy Road for Lots 1,THE CITY COUNCIL OF THE CITY OF
14 and 22.DUBUQUE, IOWA:
Section 3. That in the event the owners shallSection 1. That the dedication of Sunnyslope
fail to execute the acceptance within 45 days afterDrive, also known as Lot N; Wildflower Drive,
the date of this Resolution, the provisions hereofalso known as Lot P; High Cloud Drive, also
shall be null and void and the acceptance andknown as Lot S; Wiltse Drive, also known as Lot
approval of the plat shall not be effective.Q; and Wiltse Court, also known as Lot R, and the
Passed, approved and adopted this 15th day ofproposed park area on Lot 1, Block 19, together
August, 1994.with the easements for public utilities, sanitary
Terrance M. Duggan, Mayorsewer, storm sewer and street lights as they appear
ATTEST:upon said final plat, be and the same are hereby
Karen M. Chesterman, Deputy City Clerkaccepted; and
ACCEPTANCE OF RESOLUTIONSection 2. That the plat of Sunnyslope Estates
NO. 277-94is hereby approved and the Mayor and City Clerk
I, the undersigned, Joel Callahan, having readare hereby authorized and directed to endorse the
the terms and conditions of the Resolution No.approval of the City of Dubuque, Iowa, upon said
277-94 and being familiar with the conditionsfinal plat, provided the owners of said property
thereof, hereby accept this same and agree to theherein named, execute their written acceptance
conditions required therein.hereto attached agreeing:
Dated in Dubuque, Iowa this 18th day ofa.To reduce Sunnyslope Drive, Wildflower
August, 1994.Drive, High Cloud Drive, Wiltse Drive
By /s/Joel Callahanand Wiltse Court to grade and to construct
Council Member Kluesner moved adoption ofconcrete curb and gutter and to hard
the Resolution. Seconded by Council Membersurface with asphaltic concrete, or with
Nagle. Carried by the following vote:concrete paving with integral curb, all in
Yeas—Mayor Duggan, Council Membersaccordance with the City of Dubuque
Kluesner, Nagle, Nicholson, Robbins, Voetberg.standard specifications, all in a manner
Nays—None. Absent—Council Member Krieg.acceptable to the City Engineer, and in
conformance with construction
Communication of City Managerimprovement plans approved by the City
recommending approval of final plat forEngineer, and inspected by the City
Sunnyslopes Estates Phase 3, property, presentedEngineer.
and read. Council Member Kluesner moved thatb.To install sanitary sewer mains and sewer
the communication be received and filed.service laterals into each individual lot,
Seconded by Council Member Nagle. Carried bywater mains and water service laterals into
the following vote: Yeas—Mayor Duggan,each individual lot, storm sewers and
Council Members Kluesner, Nagle, Nicholson,catch basins, boulevard street lighting and
Robbins, Voetberg. Nays—None. erosion control devices all in accordance
Absent—Council Member Krieg.with the City of Dubuque standard
specifications, all in a manner acceptable
RESOLUTION NO. 278-94to the City Engineer, and in accordance
A RESOLUTION APPROVING THE FINALwith construction improvement plans
PLAT OF SUNNYSLOPE ESTATES PHASEapproved by the City Engineer, and
inspected by the City Engineer.
3 IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the Cityc.To final grade and seed the proposed park
Clerk a final plat of Sunnyslope Estates Phase 3 inarea in a manner acceptable to the Leisure
the City of Dubuque, Iowa; andServices Director.
Whereas, upon said final plat appear streets tod.To construct said improvements, within
be known as Sunnyslope Drive, also known as Lotone (1) year from the date of acceptance
Regular Session, August 15, 1994266
of this resolution, at the sole expense ofWhereas, on February 21, 1989, the City of
the owners, or future owners;Dubuque ("CITY") and Dubuque In-Futuro, Inc.
e.To maintain the public improvements, for("DIF, Inc.") entered into an agreement whereby
a period of two (2) years from the date ofthe CITY loaned $200,000 in Community
the acceptance of those improvements byDevelopment Block Grant Funds to DIF, Inc. for
the City of Dubuque, Iowa, at the solethe purpose of grading land for industrial sites
expense of the owners, or future owners;within the community; and
And further provided that said Radford RoadWhereas, the U.S. Department of Housing and
Development, Inc., as owner of said property, shallUrban Development has requested that the CITY
secure the performance of the foregoing conditionsamend said loan agreement with DIF, Inc. to
provided in this Section by providing guarantees inestablish the number of jobs that are to be created,
such form and with such sureties as may beand of these, the number which will be held by low
acceptable to the City Manager of the City ofor moderate income persons; and
Dubuque, Iowa.Whereas, a Loan Agreement Amendment has
Section 3. Sidewalk installation shall be thebeen prepared to comply with the request of the
responsibility of the owner of the property abuttingU.S. Department of Housing and Urban
the public right-of-way, as required by City CodeDevelopment and is to be executed by DIF, Inc.
42-24(e).NOW, THEREFORE, BE IT RESOLVED BY
Section 4. That in the event Radford RoadTHE CITY COUNCIL OF THE CITY OF
Development, Inc. shall fail to execute theDUBUQUE, IOWA:
acceptance and furnish the guarantees provided inSection 1. That the Loan Agreement
Section 2 hereof within 45 days after the date ofAmendment, attached hereto and by this reference
this Resolution, the provisions hereof shall be nullmade a part hereof, is hereby approved.
and void and the acceptance of the dedication andSection 2. That the Mayor and City Clerk are
approval of the plat shall not be effective.hereby authorized and directed to execute, on
Passed, approved and adopted this 15th day ofbehalf of the City of Dubuque, Iowa, said Loan
August, 1994.Agreement Amendment.
Terrance M. Duggan, MayorSection 3. That the City Manager is hereby
ATTEST:authorized to forward a copy of the executed Loan
Karen M. Chesterman, Deputy City ClerkAgreement Amendment to the U.S. Department of
ACCEPTANCE OF RESOLUTIONHousing and Urban Development.
NO. 278-94Passed, approved and adopted this 15th day of
We, the undersigned, Ernest Quade and GeneAugust, 1994.
Sullivan, representing Radford RoadTerrance M. Duggan, Mayor
Development, Inc., having read the terms andAttest:
conditions of the Resolution No. 278-94 and beingKaren M. Chesterman, Deputy City Clerk
familiar with the conditions thereof, hereby acceptCouncil Member Voetberg moved to adopt the
this same and agree to the conditions requiredResolution. Seconded by Council Member
therein.Robbins. Carried by the following vote:
Dated in Dubuque, Iowa this day ofYeas—Mayor Duggan, Council Members
_______________, 1994.Kluesner, Nagle, Nicholson, Robbins, Voetberg.
(REPLACED BY RES. NO. 328-94,10/7/94)Nays—None. Absent—Council Member Krieg.
By
Ernest M. QuadeRESOLUTION NO. 280-94
Radford Road Development, Inc.NOW, THEREFORE, BE IT RESOLVED BY
By THE CITY COUNCIL OF THE CITY OF
Gene F. SullivanDUBUQUE, IOWA:
Radford Road Development, Inc.That the following having complied with the
provisions of law relating to the sale of Cigarettes
Council Member Kluesner moved adoption ofwithin the City of Dubuque, Iowa, be granted a
the Resolution. Seconded by Council Memberpermit to sell Cigarettes and Cigarette Papers
Nagle. Carried by the following vote:within said City.
Yeas—Mayor Duggan, Council MembersCordial ClubMichael Demmer
Kluesner, Nagle, Nicholson, Robbins, Voetberg.1445 Central Ave
Nays—None. Absent—Council Member Krieg.Passed, approved and adopted this 15th day of
August, 1994.
Communication of City Manager concerningTerrance M. Duggan, Mayor
amendment of a Loan Agreement with DubuqueAttest:
In-Futuro, Inc., presented and read. CouncilKaren M. Chesterman, Deputy City Clerk
Member Voetberg moved that the communicationCouncil Member Kluesner moved adoption of
be received and filed. Seconded by Councilthe Resolution. Seconded by Council Member
Member Robbins. Carried by the following vote:Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.Nays—None. Absent—Council Member Krieg.
RESOLUTION NO. 279-94RESOLUTION NO. 281-94
Whereas, applications for Beer Permits have
RESOLUTION APPROVING AN
AMENDMENT TO A LOAN AGREEMENTbeen submitted and filed to this Council for
BY AND BETWEEN THE CITY OFapproval and the same have been examined and
approved; and
DUBUQUE, IOWA AND DUBUQUE IN
Whereas, the premises to be occupied by such
FUTURO, INC. DATED FEBRUARY 21,
1989applicants were inspected and found to comply
267Regular Session, August 15, 1994
with the Ordinances of this City and have filedCommunication of Zoning Commission
proper bonds.recommending approval of rezoning request of
NOW, THEREFORE, BE IT RESOLVED BYHoly Ghost Parish from R-1 Single-Family
THE CITY COUNCIL OF THE CITY OFResidential to OR Office Residential District at
DUBUQUE, IOWA:2887 Central, presented and read. Council
That the Manager be authorized to cause to beMember Voetberg moved that the communication
issued the following named applicants a Beerbe received and filed. Seconded by Council
Permit.Member Nagle. Carried by the following vote:
CLASS "C" BEER PERMITYeas—Mayor Duggan, Council Members
Iowa Oil Co.IOCO Speede ShoppeKluesner, Nagle, Nicholson, Robbins, Voetberg.
1387 DodgeNays—None. Absent—Council Member Krieg.
Iowa Oil Co.IOCO Speede Shoppe
1998 JacksonAn Ordinance Amending Appendix A (the
Rainbo Oil Co.Kwik Stop Food MartZoning Ordinance) of the City of Dubuque Code
2255 Kerperof Ordinances, by reclassifying property located at
Trans-Miss InvestmentsOky Doky #212887 Central Ave. from R-1 Single-Family
2010 KerperResidential District to OR Office Residential
CLASS "BE" BEER PERMITDistrict, presented and read. Council Member
TFM Co.Oky Doky #1Voetberg moved that a Public Hearing be held on
250 W. 1st St.the proposed Ordinance on the 6th day of
CLASS "B" BEER PERMITSeptember, 1994 at 7:30 o'clock p.m. at the Public
(Special Event 5- Day)Library Auditorium and that the City Clerk be
Donna GinterRiverfestdirected to publish notice of the Public Hearing in
Town Clock Plazathe manner prescribed by law. Seconded by
Passed, approved and adopted this 15th day ofCouncil Member Nagle. Carried by the following
August, 1994.vote: Yeas—Mayor Duggan, Council Members
Terrance M. Duggan, MayorKluesner, Nagle, Nicholson, Robbins, Voetberg.
Attest:Nays—None. Absent—Council Member Krieg.
Karen M. Chesterman, Deputy City ClerkCommunication of Zoning Commission
Council Member Kluesner moved adoption ofrecommending approval, with conditions, of
the Resolution. Seconded by Council Memberrequest of Table Mound Park Corporation
Nagle. Carried by the following vote:amending the PR Planned Residential District to
Yeas—Mayor Duggan, Council Membersallow the extension of Bankston Drive and allow
Kluesner, Nagle, Nicholson, Robbins, Voetberg.for 25 mobile home lots and construction of a
Nays—None. Absent—Council Member Krieg.duplex at Table Mound III Park, presented and
read. Council Member Voetberg moved that the
RESOLUTION NO. 282-94communication be received and filed. Seconded
Whereas, applications for Liquor Licenses haveby Council Member Nagle. Carried by the
been submitted to this Council for approval and thefollowing vote: Yeas—Mayor Duggan, Council
same have been examined and approved; andMembers Kluesner, Nagle, Nicholson, Robbins,
Whereas, the premises to be occupied by suchVoetberg. Nays—None. Absent—Council
applicants were inspected and found to complyMember Krieg.
with the State Law and all City Ordinances
relevant thereto and they have filed proper bonds.An Ordinance Amending Appendix A (the
NOW, THEREFORE, BE IT RESOLVED BYZoning Ordinance) of the City of Dubuque Code
THE CITY COUNCIL OF THE CITY OFof Ordinances by adopting an Amended
DUBUQUE, IOWA:Conceptual Development Plan for property located
That the Manager be authorized to cause to beWest of Rockdale Road for the Table Mound
issued the following named applicantsMobile Home Park PR Planned Residential
a Liquor License. District in the City of Dubuque, Iowa, presented
CLASS "BW" SPECIALand read. Council Member Voetberg moved that
LIQUOR LICENSEa Public Hearing be held on the proposed
Frank Romano & Nick CiminoRomano'sOrdinance on the 6th day of September, 1994 at
951 Main St.7:30 o'clock p.m. at the Public Library Auditorium
CLASS "C" (COMMERCIAL) BEER ANDand that the City Clerk be directed to publish
LIQUOR LICENSEnotice of the Public Hearing in the manner
David H. EricksonLucky "13" Tapprescribed by law. Seconded by Council Member
385 E. 13th St.Nagle. Carried by the following vote:
Greater DBQ River Boat Ent. Co. LC DiamondYeas—Mayor Duggan, Council Members
Jo Casino Portside400 E. 3rd St.Kluesner, Nagle, Nicholson, Robbins, Voetberg.
(Outdoor Service Only)Nays—None. Absent—Council Member Krieg.
Passed, approved and adopted this 15th day of
August, 1994.Communication of the City Manager
Terrance M. Duggan, Mayorsubmitting documents providing for the bidding
Attest:process for Kelly Lane - Asphalt Leveling Project,
Karen M. Chesterman, Deputy City Clerkpresented and read. Council Member Nagle
Council Member Kluesner moved adoption ofmoved that the communication be received and
the Resolution. Seconded by Council Memberfiled. Seconded by Council Member Robbins.
Nagle. Carried by the following vote:Carried by the following vote: Yeas—Mayor
Yeas—Mayor Duggan, Council MembersDuggan, Council Members Kluesner, Nagle,
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Nicholson, Robbins, Voetberg. Nays—None.
Nays—None. Absent—Council Member Krieg.Absent—Council Member Krieg.
Regular Session, August 15, 1994268
BE IT FURTHER RESOLVED, that the
RESOLUTION NO. 283-94
PRELIMINARY APPROVAL OF PLANSamount of the security to accompany each bid shall
AND SPECIFICATIONSbe in an amount which shall conform to the
NOW THEREFORE, BE IT RESOLVED BYprovisions of the notice to bidders hereby approved
THE CITY COUNCIL OF THE CITY OFas a part of the plans and specifications heretofore
DUBUQUE, IOWA:adopted.
That the proposed plans, specifications, form ofThat the City Clerk is hereby directed to
contract and estimated cost for the Kelly Lane -advertise for bids for the construction of the
Asphalt Leveling Project from Fremont Avenue toimprovements herein provided, to be published in
Rockdale Road, in the estimated amount ofa newspaper having general circulation in the City
$66,410.85, are hereby approved and ordered filedof Dubuque, Iowa, which notice shall not be less
in the office of the City Clerk for public inspection.than four days nor more than twenty days prior to
Passed, adopted and approved this 15th day ofthe receipt of said bids at 2:00 p.m. on the 8th day
August, 1994.of September, 1994. Bids shall be opened and
Terrance M. Duggan, Mayorread by the City Clerk at said time and will be
Attest:submitted to the Council for final action at 7:30
Karen M. Chesterman, Deputy City Clerkp.m. on the 19th day of September, 1994.
Council Member Nagle moved adoption of thePassed, adopted and approved this 15th day of
Resolution. Seconded by Council MemberAugust, 1994.
Robbins. Carried by the following vote:Terrance M. Duggan, Mayor
Yeas—Mayor Duggan, Council MembersAttest:
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Karen M. Chesterman, Deputy City Clerk
Nays—None. Absent—Council Member Krieg.Council Member Nagle moved adoption of the
Resolution. Seconded by Council Member
RESOLUTION NO. 284-94Robbins. Carried by the following vote:
FIXING DATE OF HEARING ON PLANSYeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
AND SPECIFICATIONS
Whereas, the City Council of the City ofNays—None. Absent—Council Member Krieg.
Dubuque, Iowa has given its preliminary approval
on the proposed plans, specifications, and form of
contract and placed same on file in the office of theMINUTES SUBMITTED — Cable
City Clerk for public inspection of the Kelly Lane -Community Teleprogramming Commission
Asphalt Leveling Project from Fremont Avenue toMeeting of 7-26; Electrical Code Board of 8-8;
Rockdale Road.Environmental Stewardship Commission of 8-2;
NOW THEREFORE, BE IT RESOLVED BYInvestment Oversight Commission of 7-21;
THE CITY COUNCIL OF THE CITY OFLibrary Board of Trustees of 7-28; Long Range
DUBUQUE, IOWA:Planning Commission of 7-20; Zoning Board of
That on the 19th day of September, 1994, aAdjustment of 7-28; Zoning Commission of 8-3,
public hearing will be held at 7:30 p.m. in thepresented and read. Council Member Voetberg
Public Library Auditorium at which timemoved that the minutes be received and filed.
interested persons may appear and be heard for orSeconded by Council Member Nagle. Carried by
against the proposed plans and specifications, formthe following vote: Yeas—Mayor Duggan,
of contract and cost of said improvement, and theCouncil Members Kluesner, Nagle, Nicholson,
City Clerk be and is hereby directed to cause aRobbins, Voetberg. Nays—None.
notice of time and place of such hearing to beAbsent—Council Member Krieg.
published in a newspaper having general
circulation in the City of Dubuque, Iowa, whichNOTICES OF CLAIMS/SUITS — Eunice M.
notice shall be not less than four days nor moreBamrick in amount of $61.82 for vehicle damages;
than twenty days prior to the day fixed for itsMark J. Behnke in amount of $69.96 for vehicle
consideration. At the hearing, any interesteddamages; Landa L. Butteris in amount of $365.00
person may appear and file objections to thefor vehicle damages; Inter-State Builders Supply
proposed plans, specifications, contract, orCo. in amount of $524.00 for vehicle damages;
estimated cost of the improvement.Aaron Less in amount of $129.09 for vehicle
Passed, adopted and approved this 15th day ofdamages; Clyde Flynn in unknown amount for
August, 1994.property damages; Roger J. Gartner in amount of
Terrance M. Duggan, Mayor$921.31 for vehicle damages; Katherine L. Kelly
Attest:in amount of $2,000.00 for property damages;
Karen M. Chesterman, Deputy City ClerkFermin San Marcos in amount of $331.38 for
Council Member Nagle moved adoption of thevehicle damages; Carl R. Noel, in amount of
Resolution. Seconded by Council Member$450.00 for property damages; Marilyn A. Reiter
Robbins. Carried by the following vote:in amount of $39.75 for vehicle damages; Steven
Yeas—Mayor Duggan, Council Members& Marilyn Skahill in amount of $500.00 for
Kluesner, Nagle, Nicholson, Robbins, Voetberg.vehicle damages; Roxanne Trautwein in amount of
Nays—None. Absent—Council Member Krieg.$60.00 for personal property damage, presented
and read. Council Member Voetberg moved that
RESOLUTION NO. 285-94the claims and suits be referred to the Legal Staff
ORDERING BIDSfor investigation and report. Seconded by Council
NOW THEREFORE, BE IT RESOLVED BYMember Nagle. Carried by the following vote:
THE COUNCIL OF THE CITY OF DUBUQUE,Yeas—Mayor Duggan, Council Members
IOWA:Kluesner, Nagle, Nicholson, Robbins, Voetberg.
That the Kelly Lane - Asphalt Leveling ProjectNays—None. Absent—Council Member Krieg.
from Fremont Avenue to Rockdale Road is hereby
ordered to be advertised for bids for construction.
269Regular Session, August 15, 1994
Corporation Counsel advising the followingKluesner, Nagle, Nicholson, Robbins, Voetberg.
claims have been referred to Crawford and Co., theNays—None. Absent—Council Member Krieg.
agent for the Iowa Communities Assurance Pool:
personal injury of Kristin Carlson by BrendaRESOLUTION NO. 286-94
Lampo; personal injury of C.J. Gantz; personal
RESOLUTION APPROVING THE
injury of Lois Johns; property damage of Robert &SUBMITTAL OF AN APPLICATION FOR
Judith McElmeel, presented and read. CouncilDMATS TRANSPORTATION
Member Voetberg moved that the communications
ENHANCEMENT FUNDING.
be received and filed. Seconded by CouncilWhereas, the DMATS Policy Committee has
Member Nagle. Carried by the following vote:announced the availability of $489,000 in local
Yeas—Mayor Duggan, Council MembersTransportation Enhancement funds; and
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Whereas, the development of pedestrian and
Nays—None. Absent—Council Member Krieg.bicycle facilities, landscaping and other scenic
beautification, and design, engineering, acquisition
Corporation Counsel advising the followingand construction costs are eligible for enhancement
claims have been referred to the Dubuque Racingfunding; and
Association: car damage of Stephen & AveryWhereas, the City has an adopted Riverfront
Clow; car damage claim of Jim Kalloway; carPlan that places high priority on the development
damage claim of Richard and Marjorie Ennis;of a riverwalk and transient boat dock along the
property damage claim of Diane Leisen, presentedIce Harbor, and recognizes the commercial and
and read. Council Member Voetberg moved thatrecreational potential of the riverfront and
the communications be received and filed. especially the 4th Street Peninsula; and
Seconded by Council Member Nagle. Carried byWhereas, DMATS has asked that the City
the following vote: Yeas—Mayor Duggan,provide assurance that once developed, the
Council Members Kluesner, Nagle, Nicholson,Mississippi Riverwalk and transient boat dock
Robbins, Voetberg. Nays—None. project will be adequately maintained for its
Absent—Council Member Krieg.intended public use for a minimum of twenty (20)
years following project completion.
Corporation Counsel advising the followingNOW THEREFORE, BE IT RESOLVED BY
claim has been referred to the Iowa Dept. ofTHE CITY COUNCIL OF THE CITY OF
Transportation: car damage of Jan Appleby,DUBUQUE, IOWA:
presented and read. Council Member VoetbergSection 1. That the Mayor is hereby authorized
moved that the communication be received andto sign and submit this application to the DMATS
filed. Seconded by Council Member Nagle.Policy Committee for DMATS Transportation
Carried by the following vote: Yeas—MayorEnhancement funds.
Duggan, Council Members Kluesner, Nagle,Section 2. That the City Council authorizes the
Nicholson, Robbins, Voetberg. Nays—None. City Manager to utilize budgeted Capital
Absent—Council Member Krieg.Improvement Program funds to provide a portion
of the twenty (20) percent dollar match required by
Corporation Counsel recommending settlementthis program should the application be approved
of vehicle damage claim of Mark Behnke be paidby DMATS.
in the amount of $69.96 and submitted to ICAPSection 3. That in the event said application is
for reimbursement, presented and read. Councilapproved by DMATS, the City Manager is hereby
Member Voetberg moved that the communicationauthorized to negotiate a maintenance agreement
be received and filed and settlement approved andwith the Dubuque County Historical Society to
directing Finance Director to issue check. ensure that the Mississippi Riverwalk and transient
Seconded by Council Member Nagle. Carried byboat dock project will be adequately maintained
the following vote: Yeas—Mayor Duggan,for its intended public use for a minimum of
Council Members Kluesner, Nagle, Nicholson,twenty (20) years following project completion.
Robbins, Voetberg. Nays—None. Section 4. That the City of Dubuque agrees to
Absent—Council Member Krieg.abide by all local, state and federal requirements
applicable to the proposed projects.
Corporation Counsel recommending denial ofPassed, approved and adopted this 15th day of
vehicle damage claim of Marilyn Reiter, presentedAugust, 1994.
and read. Council Member Voetberg moved thatTerrance M. Duggan, Mayor
the communication be received and filed andAttest:
denial approved. Seconded by Council MemberKaren M. Chesterman, Deputy City Clerk
Nagle. Carried by the following vote:Council Member Voetberg moved adoption of
Yeas—Mayor Duggan, Council Membersthe Resolution. Seconded by Council Member
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Nagle. Carried by the following vote:
Nays—None. Absent—Council Member Krieg.Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Communication of City Manager submittingNays—None. Absent—Council Member Krieg.
documents and requesting approval of usage of
DMATS Transportation Enhancement Funds forRESOLUTION NO. 287-94
various projects — construction of a MississippiRESOLUTION APPROVING THE
Riverwalk and Transient Boat Dock at the IceSUBMITTAL OF TWO APPLICATIONS
Harbor and Two River Corridor Hike/Bike Trail
FOR DMATS TRANSPORTATION
Projects, presented and read. Council MemberENHANCEMENT FUNDING.
Voetberg mvoed that the communication beWhereas, the DMATS Policy Committee has
received and filed. Seconded by Council Memberannounced the availability of $489,000 in local
Nagle. Carried by the following vote:Transportation Enhancement funds; and
Yeas—Mayor Duggan, Council Members
Regular Session, August 15, 1994270
Whereas, the development of pedestrian andapproved Agreement. Seconded by Council
bicycle facilities, the acquisition of scenicMember Nagle. Carried by the following vote:
easements, landscaping and other scenicYeas—Mayor Duggan, Council Members
beautification and the preservation of abandonedKluesner, Nagle, Nicholson, Robbins, Voetberg.
railway corridors, including the conversion and useNays—None. Absent—Council Member Krieg.
of those corridors for pedestrian or bicycle trails,
are eligible activities for enhancement funding; andCommunication of City Manager
Whereas, design, engineering, acquisition andrecommending approval of the Purchase of
construction costs are eligible for enhancementServices Agreement with the Substance Abuse
funding; andServices Center and authorizing execution of the
Whereas, the City has an adopted Riverfrontcontract by the Mayor, presented and read.
Plan that places high priority on hike/bike trailCouncil Member Voetberg moved that the
development along the Mississippi River and thecommunication be received and filed and
development of a riverwalk promenade along theAgreement approved. Seconded by Council
4th Street Peninsula and the Ice Harbor; andMember Nagle. Carried by the following vote:
Whereas, the City of Dubuque recognizes theYeas—Mayor Duggan, Council Members
commercial and recreational potential of theKluesner, Nagle, Nicholson, Robbins, Voetberg.
riverfront and especially the 4th Street Peninsula;Nays—None. Absent—Council Member Krieg.
and
Whereas, the design, engineering and costCommunication of City Manager
estimations for these projects will enablerecommending approval of the Purchase of
development of these recreational amenities for notServices Agreement with Helping Services for
only the community, but for the region and theNortheast Iowa, Inc. and authorizing execution of
state.the contract by the Mayor, presented and read.
NOW THEREFORE, BE IT RESOLVED BYCouncil Member Voetberg moved that the
THE CITY COUNCIL OF THE CITY OFcommunication be received and filed and
DUBUQUE, IOWA:Agreement approved. Seconded by Council
Section 1. That the Mayor is hereby authorizedMember Nagle. Carried by the following vote:
to sign and submit these applications to theYeas—Mayor Duggan, Council Members
DMATS Policy Committee for DMATSKluesner, Nagle, Nicholson, Robbins, Voetberg.
Transportation Enhancement funds.Nays—None. Absent—Council Member Krieg.
Section 2. That the City Council authorizes the
City Manager to utilize budgeted CapitalCommunication of Zoning Commission
Improvement Program funds to provide the twentyapproving final plat of property located at
percent dollar match required by this programNorthwest Arterial and Asbury Rd., specifically
should the application(s) be approved by DMATSSurvey Plat of Lot 1 of Salvo-Salas Place, as
and the Iowa Department of Transportation.requested by Interstate Power, presented and read.
Section 3. That the City of Dubuque agrees toCouncil Member Voetberg moved that the
abide by all local, state and federal requirementscommunication be received and filed. Seconded
applicable to the proposed projects.by Council Member Nagle. Carried by the
Passed, approved and adopted this 15th day offollowing vote: Yeas—Mayor Duggan, Council
August, 1994.Members Kluesner, Nagle, Nicholson, Robbins,
Terrance M. Duggan, MayorVoetberg. Nays—None. Absent—Council
Attest:Member Krieg.
Karen M. Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
RESOLUTION NO. 288-94
the Resolution. Seconded by Council MemberRESOLUTION APPROVING THE SURVEY
Nagle. Carried by the following vote:PLAT OF LOT 1 OF SALVO-SALVAS IN
Yeas—Mayor Duggan, Council Members
THE CITY OF DUBUQUE, IOWA.
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Whereas, there has been filed with the City
Nays—None. Absent—Council Member Krieg.Clerk a survey plat of Lot 1 of Salvo-Salvas Place,
in the City of Dubuque, Iowa; and
Communication of City ManagerWhereas, said plat has been examined by the
recommending approval of the Purchase ofCity Zoning Commission and had its approval
Services Agreement with Project Concern/Phone-endorsed thereon; and
A-Friend for the Foster Grandparent Program andWhereas, said plat has been approved by the
authorizing execution of the contract by theCity Zoning Commission waiving the frontage
Mayor, presented and read. Council Memberrequirement of Section 42-19 of the Subdivision
Voetberg moved that the communication beRegulations of the City and with the conditions
received and filed and approved Agreement.that Lot 1 is nonbuildable except for a utility
Seconded by Council Member Nagle. Carried bysubstation, and that an approved all-weather
the following vote: Yeas—Mayor Duggan,surface shall be provided on the existing access
Council Members Kluesner, Nagle, Nicholson,road.
Robbins, Voetberg. Nays—None. Whereas, said plat has been examined by the
Absent—Council Member Krieg.City Council and the City Council finds that the
same conforms to the statutes and ordinances
Communication of City Managerrelating thereto, except for lot frontage on a public
recommending approval of the Purchase ofstreet or an approved private street.
Services Agreement with the Retired and SeniorWhereas, the City Council concurs in the
Volunteer Program (RSVP) and authorizingcondition of approval established by the City
execution of the contract by the Mayor, presentedZoning Commission.
and read. Council Member Voetberg moved that
the communication be received and filed and
271Regular Session, August 15, 1994
NOW THEREFORE, BE IT RESOLVED BY
ADOPTING SUPPLEMENT NO. 19 TO THE
THE CITY COUNCIL OF THE CITY OFCODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA:DUBUQUE, IOWA
Section 1. That the above-described surveyWhereas, under date of July 17, 1989, the City
plat be and the same is hereby approved and theCouncil, pursuant to Ordinance No. 34-89,
Mayor and City Clerk are hereby authorized andreadopted the Code of Ordinances of the City of
directed to waive the frontage requirement ofDubuque, Iowa for ordinances adopted up to and
Section 42-19 of the Subdivision Regulations ofincluding December 19, 1988; and
the City, and to endorse the approval of the City ofWhereas, since December 19, 1988 the City
Dubuque upon final plat provided that the ownerCouncil of the City of Dubuque, Iowa has adopted
of said property shall execute a written acceptancecertain ordinances amending the Code of
hereto attached, acknowledging and agreeing:Ordinances and said amendments have been
a)Lot 1 is a nonbuildable lot except for aprinted as supplements to the Code of Ordinances;
utility substation.and
b)An all-weather surface to be approved byWhereas, Section 380.8 of the Code of
the City Fire Marshal shall be provided onOrdinances provides that supplements, by
the existing access road to the utilityresolution, become part of the Code of Ordinances.
substation.NOW, THEREFORE, BE IT RESOLVED BY
Section 2. That in the event the owner fails toTHE CITY COUNCIL OF THE CITY OF
execute the acceptance provided for in Section 1DUBUQUE, IOWA:
herein within 45 days after the date of thisSection 1. That Supplement No. 19 of the
resolution, the provisions herein shall be null andCode of Ordinances of the City of Dubuque, Iowa,
void and the approval of the plat shall not becovering Ordinances through Ordinance No. 38-94
effective.enacted through June 20, 1994 and prepared by
Passed, approved and adopted this 15th day ofthe Municipal Code Corporation, Tallahassee,
August, 1994.Florida, hereto filed in the office of the City of
Terrance M. Duggan, MayorDubuque, Iowa be and is hereby adopted and
Attest:becomes part of the Code of Ordinances of the City
Karen M. Chesterman, Deputy City Clerkof Dubuque, Iowa.
ACCEPTANCE OF RESOLUTIONPassed, approved and adopted this 15th day of
NO. 288-94August, 1994.
I, the undersigned, G.L. Kopischke, ViceTerrance M. Duggan, Mayor
President, Electric Operations, Interstate PowerAttest:
Company, having read the terms and conditions ofKaren M. Chesterman, Deputy City Clerk
the Resolution No. 288-94 and being familiar withCouncil Member Voetberg moved adoption of
the conditions thereof, hereby accept this same andthe Resolution. Seconded by Council Member
agree to the conditions required therein.Nagle. Carried by the following vote:
Dated in Dubuque, Iowa this 21st day ofYeas—Mayor Duggan, Council Members
September, 1994.Kluesner, Nagle, Nicholson, Robbins, Voetberg.
By /s/ G.L. Kopischke, Vice PresidentNays—None. Absent—Council Member Krieg.
Electric Operations, Interstate Power Company
Council Member Voetberg moved adoption of
the Resolution. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.
Communication of the City ManagerREFUNDS REQUESTED: Sally Jo Herrig
recommending execution of the Hold Harmless(Grandview Milk House) $56.25 and Christopher
Agreement with County for radio tower atMcGhee (The Caddie Shack) $150.00 on
Sunnycrest, presented and read. Council Memberunexpired Beer Permits, presented and read.
Voetberg moved that the communication beCouncil Member Voetberg moved that the refunds
received and filed and approved execution.be approved with Finance Director to issue proper
Seconded by Council Member Nagle. Carried bychecks. Seconded by Council Member Nagle.
the following vote: Yeas—Mayor Duggan,Carried by the following vote: Yeas—Mayor
Council Members Kluesner, Nagle, Nicholson,Duggan, Council Members Kluesner, Nagle,
Robbins, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.Absent—Council Member Krieg.
Communication of City ManagerIowa DOT Submitting "In Matter of the
recommending adoption of Supplement No. 19 toCondemnation of Certain Rights in Land by
the Code of Ordinances, presented and read.IDOT" for the Improvement of Primary Road No.
Council Member Voetberg moved that theU.S. 20 for Project No. FN-20-9(29)—21-31: Lot
communication be received and filed. Seconded1 and part of Lot 2 and vacated alley abutting
by Council Member Nagle. Carried by thethere on in Reeder Langworthy's Subd.; Lot 2 of
following vote: Yeas—Mayor Duggan, CouncilMineral Lot 68 and Lot 4A of Mineral Lot 149;
Members Kluesner, Nagle, Nicholson, Robbins,also Lot 15 and 16 in Reeder Langworthy's Subd.;
Voetberg. Nays—None. Absent—Councilalso Lot 2 of the E. 45' of Lot 3; Lot 2 of Lot 2;
Member Krieg.and Lot 2 of Lot 1 of Lot 2; all in Union Addition;
Lot 2 of Lot 1 of the Subd. of Out Lot 730 and of
Lot 1 of Union Addn.; and Lot 2 of Lot 1 of
RESOLUTION NO. 289-94
"Rommel Place" all in the City, presented and
Regular Session, August 15, 1994272
read. Council Member Voetberg moved that the____________________________________
communication be received and filed. Seconded
by Council Member Nagle. Carried by the
____________________________________
following vote: Yeas—Mayor Duggan, Council
Council Members
Members Kluesner, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
Attest:
Member Krieg.
Proof of publication certified to by the
____________________________________
Publisher of List of Claims for Month ending June
City Clerk
30, 1994, presented and read. Council Member
Voetberg mvoed that the proof be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
Brad Parks, 900 Rhomberg, objected to present
method of appointing members to Boards and
Commissions.
There being no further business, Council
Member Nicholson moved to adjourn. Seconded
by Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
Member Krieg. Meeting adjourned at 8:44 p.m.
Karen M. Chesterman
Deputy City Clerk
Approved ______________________, 1995.
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________