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1995 October Council Proceedings2 Regular Session, October 2, 1995 Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. DUBUQUE NOTICES OF CLAIMS/SUITS —Cathy Bowman in est. amt. of $304.68 for vehicle CITY COUNCIL damages; Tony Gerlieb in amount of $998.84 for vehicle damages; Sisters of Charity of the Blessed Virgin Mary, vs. City of Dubuque Zoning Board OFFICIAL of Adjustment regarding decision reached on a request to construct additional convent housing, PROCEEDINGS presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nagle. Carried by the Regular Session, City Council, October 2, 1995following vote: Yeas—Mayor Duggan, Council Council Met at 7:00 p.m., Public LibraryMembers Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Auditorium. Present: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,Corporation Counsel advising following claims have been referred to Crawford & Company, the Voetberg, City Manager Michael Van Milligen, agent for the Iowa Communities Assurance Pool: Corporation Counsel Barry A. Lindahl. Personal injury of Dan & Sue Becker; Car damage Mayor Duggan read the call and stated this isof Jackie Gonner; Personal injury & Car damage of Heritage Mutual Insurance Co.; Reimbursement the Regular Session of the City Council called for for removal of underground tanks for Karl Ludwig the purpose to act upon such business which may properly come before the Council.Estate, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Invocation was given by Father Daniel Krapfl, Nagle. Carried by the following vote: Pastor of Holy Trinity Catholic Church. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, PROCLAMATIONS — Month of October as Voetberg. Nays—None. "Arts and Humanities Month" received by T. Daniel and Laurie Willets; October 2-8 as "Dubuque Auxiliary Police Week" received by AlCorporation Counsel recommending denial of property damage claim of Lanter Courier, Coates and other Auxiliary Police; October 15 as presented and read. Council Member Voetberg "White Cane Safety Day" received by Cheryl Parker; October 15 as "CROP Walk Day inmoved that the communication be received and Dubuque" received by Rev. Glen Larson; Octoberfiled and approved denial. Seconded by Council Member Nagle. Carried by the following vote: 18 as "Philanthropy Day" received by Karl Yeas—Mayor Duggan, Council Members Kohnen; and October 31 as "Trick Or Treat Night."Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Sister Nancy Miller of the Human Rights Commission presented the U.S. Housing andCorporation Counsel recommending settlement Urban Development "Outstanding Fair Housingof car damage claim of Kristine Menster in amount of $159.00, presented and read. Council Member Assistance Program Agency Award" to the City. Voetberg moved that the communication be MINUTES SUBMITTED —Airportreceived and filed and approved settlement and Commission of 8-8, 8-30 & 9-6; City Council andFinance Director to issue proper check. Seconded by Council Member Nagle. Carried by the Long Range Planning Commission of 9-25; Five following vote: Yeas—Mayor Duggan, Council Flags Commission of 9-18; Housing Code Appeals Board of 8-15; Housing Commission Trust FundMembers Kluesner, Krieg, Nagle, Nicholson, Committee of 9-7; Human Rights Commission ofRobbins, Voetberg. Nays—None. 7-10; Long Range Planning Commission of 9-20 & 9-25; Zoning Board of Adjustment of 9-18;REFUND REQUESTED — Sheryl Hess, Zoning Commission of 9-6, presented and read.$845.00 for unused Liquor License, presented and read. Council Member Voetberg moved that the Council Member Voetberg moved that the minutes refund be received and filed and approved refund be received and filed. Seconded by Council Member Nagle. Carried by the following vote:and Finance Director to issue proper check. Yeas—Mayor Duggan, Council MembersSeconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Kluesner, Krieg, Nagle, Nicholson, Robbins, Council Members Kluesner, Krieg, Nagle, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—None. Proof of Publication certified to by the Corporation Counsel advising Francis P. Koch Publisher of City Council proceedings for 9-5-95 is ineligible to serve on the Investment Oversight & 9-11-95 and Proof of Publication on publishing FY'95 Financial Report, presented and read.Commission, presented and read. Council Member Voetberg moved that the communication Council Member Voetberg moved that the proofs be received and filed. Seconded by Council be received and filed. Seconded by Council Member Nagle. Carried by the following vote:Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Regular Session, October 2, 19953 Kluesner, Krieg, Nagle, Nicholson, Robbins,manner acceptable to the City Engineer, and in Voetberg. Nays—None.accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. Zoning Commission advising of their approvalc.To construct said improvements, prior to two of final plat of Key Gate Center No. 3 located on(2) year(s) from the date of acceptance of this Twin Valley Drive & U.S. Highway 61/151,resolution, at the sole expense of the owners, or presented and read. Council Member Voetbergfuture owners; moved that the communication be received andd.To maintain the public improvements, for a filed. Seconded by Council Member Nagle.period of two (2) years from the date of the Carried by the following vote: Yeas—Mayoracceptance of those improvements by the City Duggan, Council Members Kluesner, Krieg,of Dubuque, Iowa, at the sole expense of the Nagle, Nicholson, Robbins, Voetberg.owners, or future owners; Nays—None.And further provided that said Robert and Ruth Kehl, as owners of said property, shall secure the performance of the foregoing conditions provided RESOLUTION NO. 329-95 A RESOLUTION APPROVING THE FINALin this Section by providing guarantees in such PLAT OF KEY GATE CENTER NO. 3 INform and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the CitySection 3. Sidewalk installation shall be the Clerk a final plat of Key Gate Center No. 3 in theresponsibility of the owner of the property abutting City of Dubuque, Iowa; andthe public right-of-way, as required by City Code Whereas, upon said final plat appear street(s) to41-161 through 41-164. The responsibility shall be known as Flint Hill Drive (Lot A), togetherextend to all successors, heirs and assignees. with certain public utility and sewer easementsSidewalk installation will not be required until the which the owners by said final plat have dedicateddevelopment of the lot has been completed, except to the public forever; andas required herein. In sparsely developed Whereas, the preliminary plat has beensubdivisions, sidewalks on developed lots will not examined by the Zoning Commission and had itsbe required until 50% of the lots approved by the approval endorsed thereon; andplat have been developed. All vacant lots shall Whereas, said final plat has been reviewed byhave sidewalks installed upon development of 80% the Zoning Commission and had its approvalof the lots approved by the plat. endorsed thereon, subject to the owners agreeing toSection 4. That storm water detention facilities the conditions noted in Section 2 below; andshall be a requirement of each site plan submitted Whereas, said final plat has been examined byto the City for the development by the owners of the City Council and they find that it conforms tosaid lots, which responsibility for construction and the statutes and ordinances relating to it, exceptmaintenance shall be that of the owners of said lots that no streets or public utilities have yet beenand extend to all successors, heirs, and assigns. constructed or installed; andThe sizing of the detention facilities shall, in Whereas, the City Council concurs in theaddition to detaining the site water, also conditions of approval established by the Zoningincorporate and detain the impervious area of the Commission and the City Planner.abutting Flint Hill Drive (Lot A). NOW, THEREFORE, BE IT RESOLVED BYStorm water detention facilities shall be THE CITY COUNCIL OF THE CITY OFdesigned by a registered civil engineer and shall be DUBUQUE, IOWA:designed to detain the 2, 10 and 100 year storm Section 1. That the dedications of Flint Hillrecurrence intervals to the predeveloped condition Drive (Lot A), together with the easements forof each lot. public utilities as they appear upon said final plat,Section 5. That final acceptance of all public be and the same are hereby accepted; andimprovements shall occur upon certification of the Section 2. That the plat of Key Gate CenterCity Engineer to the City Council that all public No. 3 is hereby approved and the Mayor and Cityimprovements have been completed in accordance Clerk are hereby authorized and directed towith the improvement plans and City standard endorse the approval of the City of Dubuque,specifications and acceptance by City Council Iowa, upon said final plat, provided the owners ofresolution. said property herein named, execute their writtenSection 6. That in the event Robert and Ruth acceptance hereto attached agreeing:Kehl shall fail to execute the acceptance and a.To reduce Flint Hill Drive (Lot A) to grade andfurnish the guarantees provided in Section 2 hereof to construct concrete curb and gutter and towithin 45 days after the date of this Resolution, the hard surface with asphaltic concrete, or withprovisions hereof shall be null and void and the concrete paving with integral curb, all inacceptance of the dedication and approval the plat accordance with the City of Dubuque standardshall not be effective. specifications, all in a manner acceptable to thePassed, approved and adopted this 2nd day of City Engineer, and in conformance withOctober, 1995. construction improvement plans approved byTerrance M. Duggan, Mayor the City Engineer, and inspected by the CityAttest: Engineer.Mary A. Davis, City Clerk b.To install sanitary sewer mains and sewerACCEPTANCE OF RESOLUTION NO. 329- service laterals into each individual lot, water95 mains and water service laterals into eachWe, the undersigned, Robert & Ruth Kehl, individual lot, storm sewers and catch basins,having read the terms and conditions of the boulevard street lighting and erosion controlResolution No. 329-95 and being familiar with the devices all in accordance with the City ofconditions thereof, hereby accept this same and Dubuque standard specifications, all in aagree to the conditions required therein. 4 Regular Session, October 2, 1995 Dated in Dubuque, Iowa this 5th day ofCity Manager recommending approval of October, 1995.inclusion of Supplement No. 26 to the City Code By /s/ Robert Kehlof Ordinances, presented and read. Council By /s/ Ruth KehlMember Voetberg moved that the communication Council Member Voetberg moved adoption ofbe received and filed. Seconded by Council the Resolution. Seconded by Council MemberMember Nagle. Carried by the following vote: Nagle. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None. Voetberg. Nays—None. RESOLUTION NO. 330-95 ADOPTING SUPPLEMENT NO. 26 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 26 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 47-95 enacted through July 17, 1995 and prepared by the Sterling Codifers, Inc., Weiser, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of October, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Terry W. McInroy requesting vacation of 10 foot easement on Lot 2C, Block 10, Dubuque Harbor Co., presented and read. Council Member Voetberg moved that the request be referred to the City Manager for investigation and report. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. J & M Displays Incorporated requesting permission to hold a fireworks display on October 5th near the Diamond Jo, presented and read. Council Member Voetberg moved that the request be approved subject to implementation. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Regular Session, October 2, 19955 City Manager recommending approval ofhas been completed according to the terms of the contract with IA Dept. of Health for funding ofcontract, plans and specifications and recommends AIDS program, presented and read. Councilit acceptance. Member Voetberg moved that the communicationNOW THEREFORE, BE IT RESOLVED BY be received and filed. Seconded by CouncilTHE CITY COUNCIL OF THE CITY OF Member Nagle. Carried by the following vote:DUBUQUE, IOWA: Yeas—Mayor Duggan, Council MembersSection 1. That the recommendation of the Kluesner, Krieg, Nagle, Nicholson, Robbins,City Manager be approved and that said Voetberg. Nays—None.improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City RESOLUTION NO. 331-95Treasurer be and he is hereby directed to pay to the contractor from the Sanitary Sewer Construction A RESOLUTION APPROVING THE AIDS PREVENTATIVE HEALTH CONTRACTFund in amount equal to the amount of his BETWEEN THE IOWA DEPARTMENT OFcontract, less any retained percentage provided for PUBLIC HEALTH AND THE CITY OFtherein. Passed, approved and adopted this 2nd day of DUBUQUE, IOWA AND AUTHORIZING THE CITY MANAGER TO SIGN AOctober, 1995. CONTRACT WITH THE IOWATerrance M. Duggan, Mayor Attest: DEPARTMENT OF PUBLIC HEALTH FOR Mary A. Davis, City Clerk FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM.Council Member Voetberg moved adoption of Whereas, the Iowa Department of Publicthe Resolution. Seconded by Council Member Health has offered to provide financial support forNagle. Carried by the following vote: local AIDS Preventative Health and EducationYeas—Mayor Duggan, Council Members Programs in the City of Dubuque; andKluesner, Krieg, Nagle, Nicholson, Robbins, Whereas, the City of Dubuque desires toVoetberg. Nays—None. establish and maintain such local AIDS Preventative Health and Education Programs; andRESOLUTION NO. 333-95 Whereas, the Iowa Department of PublicFINAL ESTIMATE Health has presented the City Health ServicesWhereas, the contract for the U.S. 20 - Dodge Division a proposed contract amendment forStreet Sanitary Sewer Reconstruction - St. Joseph, continued funding, a copy of which is attachedStetmore and Meadow Lane Areas has been hereto.completed and the City Engineer has submitted his NOW, THEREFORE, BE IT RESOLVED BYfinal estimate showing the cost thereof including THE CITY COUNCIL OF THE CITY OFthe cost of estimates, notices and inspection and all DUBUQUE, IOWA:miscellaneous costs; Section 1. That the City of Dubuque, IowaNOW THEREFORE, BE IT RESOLVED BY hereby approves the attached AIDS PreventativeTHE CITY COUNCIL OF THE CITY OF Health Contract between the Iowa Department ofDUBUQUE, IOWA: Public Health and the City of Dubuque, Iowa.Section 1. That the cost of said improvement is Section 2. The City Manager is herebyhereby determined to be $128,251.14 and the said authorized and directed to execute said contractsamount shall be paid from the Sanitary Sewer on behalf of the City of Dubuque, Iowa.Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day ofPassed, approved and adopted this 2nd day of October, 1995.October, 1995. Terrance M. Duggan, MayorTerrance M. Duggan, Mayor Attest:Attest: Mary A. Davis, City ClerkMary A. Davis, City Clerk Council Member Voetberg moved adoption ofCouncil Member Voetberg moved adoption of the Resolution. Seconded by Council Memberthe Resolution. Seconded by Council Member Nagle. Carried by the following vote:Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. City Manager recommending acceptance ofCity Manager recommending approval of U.S. 20 -Dodge Street Sanitary SewerAgreement with Project Concern for Mini-Bus Reconstruction - St. Joseph, Stetmore & Meadowcontract for FY'96, presented and read. Council Areas project, presented and read. CouncilMember Voetberg moved that the communication Member Voetberg moved that the communicationbe received and filed. Seconded by Council be received and filed. Seconded by CouncilMember Nagle. Carried by the following vote: Member Nagle. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None. Voetberg. Nays—None. Zoning Commission advising of the approval of RESOLUTION NO. 332-95final plat of Medical Associates Subd., presented and read. Council Member Voetberg moved that ACCEPTING IMPROVEMENT Whereas, the contract for the U.S. 20 - Dodgethe communication be received and filed. Street Sanitary Sewer Reconstruction - St. Joseph,Seconded by Council Member Nagle. Carried by Stetmore and Meadow Lane Areas has beenthe following vote: Yeas—Mayor Duggan, completed and the City Manager has examined theCouncil Members Kluesner, Krieg, Nagle, work and filed his certificate stating that the sameNicholson, Robbins, Voetberg. Nays—None. 6 Regular Session, October 2, 1995 RESOLUTION NO. 334-95inspected by the City Engineer and the Iowa Department of Transportation. A RESOLUTION APPROVING THE FINAL d.To construct said improvements, prior to two PLAT OF MEDICAL ASSOCIATES SUBDIVISION IN THE CITY OF(2) years from the date of acceptance of this DUBUQUE, IOWA.resolution, at the sole expense of the owners, or Whereas, there has been filed with the Cityfuture owners; Clerk a final plat of Medical Associatese.To maintain the public improvements, for a Subdivision in the City of Dubuque, Iowa; andperiod of two (2) years from the date of the Whereas, upon said final plat appear street(s) toacceptance of those improvements by the City be known as Chavenelle Road and Associatesof Dubuque, Iowa, at the sole expense of the Drive, together with certain public utility andowners, or future owners; sanitary sewer, storm sewer and water mainAnd further provided that said Medical easements which the owners by said final plat haveAssociates Realty, L.P., as owners of said property, dedicated to the public forever; andshall secure the performance of the foregoing Whereas, the preliminary plat has beenconditions provided in this Section by providing examined by the Zoning Commission and had itsguarantees in such form and with such sureties as approval endorsed thereon; andmay be acceptable to the City Manager of the City Whereas, said final plat has been reviewed byof Dubuque, Iowa. the City Planner and had his/her approval endorsedSection 3. Sidewalk installation shall be the thereon, subject to the owners agreeing to theresponsibility of the owner of the property abutting conditions noted in Section 2 below; andthe public right-of-way, as required by City Code Whereas, said final plat has been examined by41-161 through 41-164. The responsibility shall the City Council and they find that it conforms toextend to all successors, heirs and assignees. the statutes and ordinances relating to it, exceptSidewalk installation will not be required until the that no streets or public utilities have yet beendevelopment of the lot has been completed, except constructed or installed; andas required herein. In sparsely developed Whereas, the City Council concurs in thesubdivisions, sidewalks on developed lots will not conditions of approval established by the Zoningbe required until 50% of the lots approved by the Commission and the City Planner.plat have been developed. All vacant lots shall NOW, THEREFORE, BE IT RESOLVED BYhave sidewalks installed upon development of 80% THE CITY COUNCIL OF THE CITY OFof the lots approved by the plat. DUBUQUE, IOWA:Section 4. That final acceptance of all public Section 1. That the dedications of Chavenelleimprovements shall occur upon certification of the Road and Associates Drive Lot A), together withCity Engineer to the City Council that all public the easements for public utilities, sanitary sewer,improvements have been completed in accordance and water mains as they appear upon said finalwith the improvement plans and City standard plat, be and the same are hereby accepted; andspecifications, and acceptance by City Council Section 2. That the plat of Medical Associatesresolution. Subdivision is hereby approved and the Mayor andSection 5. That in the event Medical City Clerk are hereby authorized and directed toAssociates Realty, L.P., shall fail to execute the endorse the approval of the City of Dubuque,acceptance and furnish the guarantees provided in Iowa, upon said final plat, provided the owners ofSection 2 hereof within 45 days after the date of said property herein named, execute their writtenthis Resolution, the provisions hereof shall be null acceptance hereto attached agreeing:and void and the acceptance of the dedication and a.To reduce Chavenelle Road and Associatesapproval the plat shall not be effective. Drive to grade and to construct concrete curbSection 6. That Medical Associates Realty, and gutter and to hard surface with asphalticL.P., will form a Property Owners Association to concrete, or with concrete paving with integralassume ownership and the maintenance curb, all in accordance with the City ofresponsibility for the storm water infrastructure Dubuque standard specifications, all in aand detention area any of which is located outside manner acceptable to the City Engineer, and inthe right-of-way of the public streets. conformance with construction improvementPassed, approved and adopted this 2nd day of plans approved by the City Engineer, andOctober, 1995. inspected by the City Engineer.Terrance M. Duggan, Mayor b.To install sanitary sewer mains and sewerAttest: service laterals into each individual lot, waterMary A. Davis, City Clerk mains and water service laterals into eachACCEPTANCE OF RESOLUTION NO. 334- individual lot, storm sewers and catch basins,95 boulevard street lighting and erosion controlI, Larry R. LeGrand, President, Medical devices all in accordance with the City ofAssociates Realty, undersigned, having read the Dubuque standard specifications, all in aterms and conditions of the Resolution No. 334-95 manner acceptable to the City Engineer, and inand being familiar with the conditions thereof, accordance with construction improvementhereby accept this same and agree to the conditions plans approved by the City Engineer, andrequired therein. inspected by the City Engineer.Dated in Dubuque, Iowa this 24th day of c.To install traffic signals at the intersection ofOctober, 1995. Chavenelle Road and the Northwest Arterial inBy /s/ Larry R. LeGrand, President accordance with plans and specificationsMedical Associates Realty approved by the City of Dubuque and the IowaTo: Mary A. Davis Department of Transportation, constructed in a City Clerk manner acceptable to the City Engineer and Regular Session, October 2, 19957 This is to certify that the necessary security forSection 1. That the recommendation of the the foregoing Resolution No. 334-95 has beenCity Manager be approved and that said sanitary properly filed.sewer as shown on the attached plan be and the Dated this 15th day of November, 1995.same is hereby accepted. Michael C. Van MilligenPassed, approved and adopted this 2nd day of City ManagerOctober, 1995. Council Member Voetberg moved adoption ofTerrance M. Duggan, Mayor the Resolution. Seconded by Council MemberAttest: Nagle. Carried by the following vote:Mary A. Davis, City Clerk Yeas—Mayor Duggan, Council MembersCouncil Member Voetberg moved adoption of Kluesner, Krieg, Nagle, Nicholson, Robbins,the Resolution. Seconded by Council Member Voetberg. Nays—None.Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members City Manager recommending acceptance ofKluesner, Krieg, Nagle, Nicholson, Robbins, Sanitary Sewer improvements for WartburgVoetberg. Nays—None. Theological Seminary and Inland Protein Corp., presented and read. Council Member VoetbergBOARDS AND COMMISSIONS moved that the communication be received and filed. Seconded by Council Member Nagle. HOUSING COMMISSION TRUST Carried by the following vote: Yeas—Mayor FUND Duggan, Council Members Kluesner, Krieg,At Large Vacancy - One 3-Year term which Nagle, Nicholson, Robbins, Voetberg.will expire 9-8-98 (term of Herrig). Applicants: Nays—None.Ruth Clark, Thomas D. Goric, John V. Walsh. Vote on the appointment was as follows: Mayor RESOLUTION NO. 335-95Duggan voted for Walsh. Council Member ACCEPTING SANITARYKluesner voted for Walsh. Council Member Kluesner voted for Walsh. Council Member Nagle SEWER IMPROVEMENT Whereas, certain sanitary sewers were installedvoted for Goric. Council Member Nicholson voted by Wartburg Theological Seminary; andfor Walsh. Council Member Robbins voted for Whereas, Wartburg Theological Seminary, onWalsh. Council Member Voetberg voted for May 31, 1995, has offered to dedicate the portionWalsh. Therefore, John V. Walsh, 3116 Spring of their sanitary sewer as shown on the enclosedValley Rd., appointed to the At Large vacancy on drawing to the City for City ownership andthe Housing Commission Trust Fund for a three maintenance responsibility; andyear term which will expire 9-8-98. Whereas, it is in the interest of both Wartburg Theological Seminary and the City that the City ofENVIRONMENTAL STEWARDSHIP Dubuque own and maintain said sanitary sewer.COMMISSION NOW, THEREFORE, BE IT RESOLVED BYOne unexpired term which will expire 6-1-96. THE CITY COUNCIL OF THE CITY OFProspective Youth representative Rachel Schultz DUBUQUE, IOWA:spoke regarding her application and possible Section 1. That the recommendation of theappointment. Elizabeth Paulsen, Youth applicant City Manager be approved and that said sanitaryalso, was not in attendance. sewer as shown on the attached plan be and the same is hereby accepted.Council Member Nagle moved that the rules be Passed, approved and adopted this 2nd day ofsuspended to allow anyone present to address the October, 1995.Council if they so desire. Seconded by Council Terrance M. Duggan, MayorMember Nicholson. Carried by the following vote: Attest:Yeas—Mayor Duggan, Council Members Mary A. Davis, City ClerkKluesner, Krieg, Nagle, Nicholson, Robbins, Council Member Voetberg moved adoption ofVoetberg. Nays—None. the Resolution. Seconded by Council Member Nagle. Carried by the following vote:Proof of Publication certified to by the Yeas—Mayor Duggan, Council MembersPublisher on Notice of Hearing to consider Kluesner, Krieg, Nagle, Nicholson, Robbins,reclassifying property at 1433 Main Street from Voetberg. Nays—None. OR to OC District (Daugherty), presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council RESOLUTION NO. 336-95 ACCEPTING SANITARY SEWERMember Nagle. Carried by the following vote: IMPROVEMENTYeas—Mayor Duggan, Council Members Whereas, certain sanitary sewers were installedKluesner, Krieg, Nagle, Nicholson, Robbins, by Inland Protein Corporation; andVoetberg. Nays—None. Whereas, Inland Protein Corporation, on April 28, 1995, has offered to dedicate the portion ofAn Ordinance Amending Zoning Map by their sanitary sewer as shown on the enclosedreclassifying property located at 1433 Main Street drawing to the City for City ownership andfrom OR Office Residential District to OC Office maintenance responsibility; andCommercial District, with Conditions, first & Whereas, it is in the interest of both Inlandsecond readings given on 9-18-95, presented for Protein Corporation and the City that the City offinal action. Dubuque own and maintain said sanitary sewer. NOW, THEREFORE, BE IT RESOLVED BY(OFFICIAL PUBLICATION) THE CITY COUNCIL OF THE CITY OF ORDINANCE NO. 58-95 DUBUQUE, IOWA: AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE 8 Regular Session, October 2, 1995 CITY OF DUBUQUE CODE OFNOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORDINANCES, BY RECLASSIFYING DUBUQUE, IOWA: HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1433 MAIN STREET FROMSection 1. That Appendix A (the Zoning OR OFFICE RESIDENTIAL DISTRICT TOOrdinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the OC OFFICE COMMERCIAL DISTRICT, WITH CONDITIONS.hereinafter described property from R-4 Multi- NOW, THEREFORE, BE IT ORDAINED BYFamily Residential District to R-3 Moderate THE CITY COUNCIL OF THE CITY OFDensity Residential District, to wit: DUBUQUE, IOWA:The North 476.5 feet of the east 1/2 of Lot 2 of Section 1. That Appendix A (the ZoningLot 2 of Mineral Lot 358, and to the center line Ordinance) of the City of Dubuque Code ofof the adjoining public right-of-way, all in the Ordinances is hereby amended by reclassifying theCity of Dubuque, Iowa. hereinafter described property from OR OfficeSection 2. The foregoing amendment has Residential District to OC Office Commercialheretofore been reviewed by the Zoning District, with conditions, to wit:Commission of the City of Dubuque, Iowa. South Middle 1/4 of City Lot 470 of OriginalSection 3. This ordinance shall take effect Town Subdivision, and to the center line of theimmediately upon publication, as provided by law. adjoining public right-of-way, all in the City ofPassed, approved and adopted this 2nd day of Dubuque, Iowa.October, 1995. Section 2. The foregoing amendment hasTerrance M. Duggan, Mayor heretofore been reviewed by the ZoningAttest: Commission of the City of Dubuque, Iowa.Mary A. Davis, City Clerk Section 3. This ordinance shall take effectPublished officially in the Telegraph Herald immediately upon publication, as provided by law. this 6th day of October, 1995. Passed, approved and adopted this 2nd day of1t 10/6Mary A. Davis CMC, City Clerk October, 1995.Council Member Nagle moved final Terrance M. Duggan, Mayorconsideration and passage of the Ordinance. Attest: Seconded by Council Member Nicholson. Carried Mary A. Davis, City Clerkby the following vote: Yeas—Mayor Duggan, Published officially in the Telegraph HeraldCouncil Members Kluesner, Krieg, Nagle, this 5th day of October, 1995.Nicholson, Robbins, Voetberg. Nays—None. 1t 10/5Mary A. Davis CMC, City Clerk Council Member Voetberg moved finalProof of Publication certified to by the consideration and passage of the Ordinance. Publisher on Notice of Hearing to consider Seconded by Council Member Nagle. Carried byreclassifying property located at 8 South Main the following vote: Yeas—Mayor Duggan,Street from LI to C-3 District (Whalen), presented Council Members Kluesner, Krieg, Nagle,and read. Council Member Nagle moved that the Nicholson, Robbins, Voetberg. Nays—None.proof be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Proof of Publication certified to by theYeas—Mayor Duggan, Council Members Publisher on Notice of Hearing to considerKluesner, Krieg, Nagle, Nicholson, Robbins, reclassifying property at 1110 W. 32nd Street fromVoetberg. Nays—None. R-4 to R-3 District (Fenelon), presented and read. Council Member Nagle moved that the proof beAn Ordinance Amending Zoning Map by received and filed. Seconded by Council Memberreclassifying property located at 8 South Main Nicholson. Carried by the following vote:Street from LI Light Industrial District to C-3 Yeas—Mayor Duggan, Council MembersGeneral Commercial District, first & second Kluesner, Krieg, Nagle, Nicholson, Robbins,readings given on 9-18-95, presented and read. Voetberg. Nays—None. (OFFICIAL PUBLICATION) An Ordinance Amending Zoning Map byORDINANCE NO. 60-95 reclassifying property located at 1110 W. 32nd AN ORDINANCE AMENDING APPENDIX Street from R-4 Multi-Family Residential District A (THE ZONING ORDINANCE) OF THE to R-3 Moderate Density Multi-Family ResidentialCITY OF DUBUQUE CODE OF District, first & second readings given on 9-18-95,ORDINANCES, BY RECLASSIFYING presented for final action. HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8 SOUTH MAIN STREET (OFFICIAL PUBLICATION)FROM LI LIGHT INDUSTRIAL DISTRICT ORDINANCE NO. 59-95TO C-3 GENERAL COMMERCIAL AN ORDINANCE AMENDING APPENDIXDISTRICT. A (THE ZONING ORDINANCE) OF THENOW, THEREFORE, BE IT ORDAINED BY CITY OF DUBUQUE CODE OFTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ORDINANCES, BY RECLASSIFYING Section 1. That Appendix A (the Zoning HEREINAFTER DESCRIBED PROPERTY LOCATED 1110 W. 32ND STREET FROMOrdinance) of the City of Dubuque Code of R-4 MULTI-FAMILY RESIDENTIALOrdinances is hereby amended by reclassifying the hereinafter described property from LI Light DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIALIndustrial District to C-3 General Commercial DISTRICT.District, to wit: Lots 2, 3, 8, 9, 10 and 11, except the easterly 20 feet of said lots; Lots 6 and 7, except the Regular Session, October 2, 19959 easterly 20 feet of said lots, and except the portionAgricultural District to HI Heavy Industrial condemned by the State of Iowa, (Instrument No.District, with conditions, to wit: 3890-88) of said lots; of the Subdivision of theLot 3 of S. 1/2 of NE 1/4 of NW 1/4; Lot 1 of west one-half of Block 10, in Dubuque Harbor1 of NW 1/4 of NW 1/4 of Section 12, T 89N, Company Addition (also known as and sometimesR 2E, and to the center line of the adjoining described - Dubuque Harbor Co's. Addition), in thepublic right-of-way, all in the City of Dubuque, City of Dubuque, Iowa, according to the recordedIowa. Plats thereof; and, the easterly 20 feet of Lots 2, 3,Section 2. The foregoing amendment has 6, 7, 8, 9, 10 and 11 in the westerly half of Blockheretofore been reviewed by the Zoning 10 in Dubuque Harbor Company's Addition to theCommission of the City of Dubuque, Iowa. City of Dubuque, in Dubuque County, Iowa; andSection 3. This ordinance shall take effect Lots 2A, 2B and 2C, Block 10 Dubuque Harborimmediately upon publication, as provided by law. Company's Addition being the vacated part of thePassed, approved and adopted this 2nd day of 30-foot alley lying within the subdivision of BlockOctober, 1995. 10, Dubuque Harbor Company's Addition, and toTerrance M. Duggan, Mayor the center line of the adjoining public right-of-way,Attest: all in the City of Dubuque, Iowa.Mary A. Davis, City Clerk Section 2. The foregoing amendment hasMEMORANDUM OF AGREEMENT heretofore been reviewed by the ZoningPursuant to the Iowa Code Section 414.5 Commission of the City of Dubuque, Iowa.(1993), and as an express condition of rezoning of Section 3. This ordinance shall take effectthe property described as: immediately upon publication, as provided by law.Lot 3 of S. 1/2 of NE 1/4 of NW 1/4; Lot 1 of Passed, approved and adopted this 2nd day of1 of NW 1/4 of NW 1/4 of Section 12, T 89N, October, 1995.R 2E, and to the center line of the adjoining Terrance M. Duggan, Mayorpublic right-of-way, all in the City of Dubuque, Attest:Iowa. Mary A. Davis, City Clerkwhich is the subject of Ordinance No. 61-95, a Published officially in the Telegraph Heraldcopy of which is attached hereto and incorporated this 6th day of October, 1995.herein by reference, the undersigned property 1t 10/6Mary A. Davis, CMC, City Clerkowners, agree to the following conditions, all of which the property owner further agrees are Council Member Nagle moved final consideration and passage of the Ordinance. reasonable and are imposed to satisfy public needs Seconded by Council Member Nicholson. Carriedwhich are caused directly by the rezoning: by the following vote: Yeas—Mayor Duggan,A)Performance Standards 1)The permitted uses shall be limited to Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.junkyards/salvage yards. B)Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning Proof of Publication certified to by the Publisher on Notice of Hearing to considerreclassification proceedings to the HI Heavy reclassifying property located at 4100 Peru RoadIndustrial District (which rezoning will include from AG to HI District (Boyes), presented andthe removal of the performance standards in Exhibit "A") if the property owner fails to read. Council Member Robbins moved that the proof be received and filed. Seconded by Councilcomplete any of the conditions or provisions of Member Nagle. Carried by the following vote:this Agreement. Yeas—Mayor Duggan, Council MembersC)Modifications. Any modifications of this Agreement shall be considered a zoning Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.reclassification and shall be subject tot he Kim Boyes and John Herrig spoke requestingprovisions of the Zoning Ordinance governing zoning reclassifications. All such modifications rezoning. An Ordinance Amending Zoning Map bymust be approved by the City Council of reclassifying property located at 4100 Peru RoadDubuque, Iowa. from AG Agricultural District to HI HeavyD)Recording. A copy of this Agreement shall be recorded with the Dubuque Industrial District, with conditions, first and second readings given on 9-18-95, presented and read. County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of (OFFICIAL PUBLICATION) the adoption of Ordinance No. 61-95. ORDINANCE NO. 61-95 AN ORDINANCE AMENDING APPENDIXE)Construction. This Agreement shall be construed and interpreted as though it were part A (THE ZONING ORDINANCE) OF THE of Appendix A of the Code of Ordinances of the CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYINGCity of Dubuque, also known as the Zoning HEREINAFTER DESCRIBED PROPERTYOrdinance of the City of Dubuque, Iowa. F)This Agreement shall be binding upon the LOCATED AT 4100 PERU ROAD FROM AG undersigned and his/her heirs, successor and AGRICULTURAL DISTRICT TO HI HEAVY INDUSTRIAL DISTRICT, WITHassignees. CONDITIONS.ACCEPTANCE OF ORDINANCE NOW, THEREFORE, BE IT ORDAINED BYNO. 61-95 I, Fred J. Boyes, having read the terms and THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:conditions of the foregoing Ordinance No. 61-95 Section 1. That Appendix A (the Zoningand being familiar with the conditions thereof, Ordinance) of the City of Dubuque Code ofhereby accept this same and agree to the conditions required therein. Ordinances is hereby amended by reclassifying the hereinafter described property from AG 10 Regular Session, October 2, 1995 Dated in Dubuque, Iowa this 5th day ofNo. 322-95 and notice to bidders published in a October, 1995.newspaper published in the City of Dubuque, Iowa By /s/ Fred J. Boyeson the 21st day of September, 1995. Published officially in the Telegraph HeraldWhereas, said sealed proposals were opened this 6th day of October, 1995.and read on the 26th day of September, 1995 and it has been determined that the bid of Northwestern 1t 10/6Mary A. Davis CMC, City Clerk Council Member Robbins moved finalDevelopment, Inc. of Dubuque, Iowa in the consideration and passage of the Ordinance.amount of $110,397.34 was the lowest bid for the Seconded by Council Member Nagle. Carried byfurnishings of all labor and materials and performing the work as provided for in the plans the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle,and specifications. Nicholson, Robbins, Voetberg. Nays—None.NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Proof of Publication certified to by the Publisher on Notice of Hearing to considerThat the contract for the above improvement be designating an Upper Main Urban Revitalizationawarded to Northwestern Development, Inc. and Area Plan; Communications of Long Rangethe Manager be and is hereby directed to execute Planning Commission recommending approval ofa contract on behalf of the City of Dubuque for the Upper Main Urban Revitalization District and Citycomplete performance of the work. Manager recommending approval of revitalizationBE IT FURTHER RESOLVED: That upon the signing of said contract and the area, presented and read. Council Member Krieg moved that the proof and communications beapproval of the contractor's bond, the City received and filed. Seconded by Council MemberTreasurer is authorized and instructed to return the Nicholson. Carried by the following vote:bid deposits of the unsuccessful bidders. Passed, approved and adopted this 2nd day of Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,October, 1995. Voetberg. Nays—None.Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk An Ordinance Designating an Upper Main Urban Revitalization Area for the City, presentedCouncil Member Nagle moved adoption of the and read. Council Member Krieg moved that theResolution. Seconded by Council Member Voetberg. Carried by the following vote: requirement that a proposed Ordinance be considered and voted on for passage at twoYeas—Mayor Duggan, Council Members Council Meetings prior to the meeting at which itKluesner, Krieg, Nagle, Nicholson, Robbins, is to be finally passed be suspended. Seconded byVoetberg. Nays—None. Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, CouncilCity Manager recommending approval of Members Kluesner, Krieg, Nagle, Nicholson,voluntary annexation of IDOT Maintenance Robbins, Voetberg. Nays—None.Garage and property south of Route 52 and east of Highway 61/151, presented and read. Council Dubuque Racing Association (DRA)Member Robbins moved that the communication requesting approval to expend funds from thebe received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Depreciation and Improvement Fund for two projects in an amount not to exceed $12,570.00Yeas—Mayor Duggan, Council Members and City Manager recommending approval ofKluesner, Krieg, Nagle, Nicholson, Robbins, request, presented and read. Council MemberVoetberg. Nays—None. Robbins moved that the communications be received and filed and approved recommendation.RESOLUTION NO. 338-95 Seconded by Council Member Nicholson. CarriedRESOLUTION ANNEXING CERTAIN by the following vote: Yeas—Mayor Duggan,REAL ESTATE TO THE CITY OF Council Members Kluesner, Nagle, Nicholson,DUBUQUE, IOWA. Robbins, Voetberg. Nays—None.Whereas, the Iowa Department of Abstain—Council Member Krieg.Transportation, as owner of an area approximately 5.5 acres in size lying immediately adjacent to the Proof of Publication certified to by theCity of Dubuque, Iowa, has voluntarily petitioned Publisher on Notice to Bidders of receipt of Bidsfor annexation of said territory to the City of for the Construction of Julien Dubuque DriveDubuque, as shown on the attached Exhibit A; and Whereas, Chapter 368 of the Code of Iowa Sanitary Sewer Extension project and City Manager recommending awarding contract forauthorizes the extension of City limits in situations project, presented and read. Council Memberof this character by the adoption of a resolution; Nagle moved that the proof and communication beand Whereas, the future growth and development of received and filed. Seconded by Council Member Voetberg. Carried by the following vote:the City of Dubuque, Iowa, make it desirable that Yeas—Mayor Duggan, Council Memberssaid territory be made part of the City of Dubuque, Kluesner, Krieg, Nagle, Nicholson, Robbins,Iowa. NOW THEREFORE, BE IT RESOLVED BY Voetberg. Nays—None. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 337-95 Section 1. That the territorial limits of the City AWARDING CONTRACT Whereas, sealed proposals have been submittedof Dubuque, Iowa, be and they are hereby by contractors for the Julien Dubuque Driveextended to include the area comprising the Sanitary Sewer Extension pursuant to Resolutionfollowing described real estate, to wit: A parcel of Regular Session, October 2, 199511 land located in Mineral Lot 481, lying southeast ofHousing Services Department; and, 4) held a the centerline of U.S. 61 in Section 1, T88N, R2Epublic hearing pursuant to published notice before of the 5 P.M., in Dubuque County, Iowa.the Community Development Commission on Section 2. That the territory hereby annexedSeptember 19, 1995; and shall become a part of the First Ward, SecondWhereas, the Community Development Precinct of the City of Dubuque, Iowa.Commission has voted to approve the GPR and to Section 3. That the City Clerk shall file thisrecommend City Council approval. Resolution and attached Exhibit A with theNOW, THEREFORE, BE IT RESOLVED BY Dubuque County Recorder, the Iowa DepartmentTHE CITY COUNCIL OF THE CITY OF of Transportation and the Secretary of State.DUBUQUE, IOWA: Passed, approved and adopted this 2nd day ofSection 1. That the Grantee Performance October, 1995.Report for the period commencing July 1, 1994 Terrance M. Duggan, Mayorand concluding June 30, 1995, a copy of which is Attest:attached is hereby approved for submission. Mary A. Davis, City ClerkSection 2. That the Mayor of the City of Council Member Robbins moved adoption ofDubuque is hereby authorized and directed to the Resolution. Seconded by Council Memberexecute the Grantee Performance Report on behalf Nicholson. Carried by the following vote:of the City of Dubuque, Iowa. Yeas—Mayor Duggan, Council MembersSection 3. That the City Manager is hereby Kluesner, Krieg, Nagle, Nicholson, Robbins,authorized and directed to submit the Grantee Voetberg. Nays—None.Performance Report to the U.S. Department of Housing and Urban Development. City Manager recommending execution ofPassed, approved and adopted this 2nd day of Regional Transit Authority Lease Agreement withOctober, 1995. Keyline, presented and read. Council MemberTerrance M. Duggan, Mayor Voetberg moved that the communication beAttest: received and filed and approved recommendation.Mary A. Davis, City Clerk Seconded by Council Member Nicholson. CarriedCouncil Member Kluesner moved adoption of by the following vote: Yeas—Mayor Duggan,the Resolution. Seconded by Council Member Council Members Kluesner, Krieg, Nagle, Voetberg. Carried by the following vote: Nicholson, Robbins, Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members City Manager recommending establishment ofKluesner, Krieg, Nagle, Nicholson, Robbins, a Conflict Resolution Center in the City, presentedVoetberg. Nays—None. and read. Council Member Kluesner moved that the communication be received and filed andCity Manager recommending approval of approved recommendation. Seconded by Councilproject agreement with IDOT, presented and read. Member Nicholson. Carried by the following vote:Council Member Voetberg moved that the Yeas—Mayor Duggan, Council Memberscommunication be received and filed. Seconded Kluesner, Krieg, Nagle, Nicholson, Robbins,by Council Member Nicholson. Carried by the Voetberg. Nays—None. following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, City Manager submitting Grantee PerformanceRobbins, Voetberg. Nays—None. Report for FY'95 to HUD, presented and read. Council Member Kluesner moved that theRESOLUTION NO. 340-95 communication be received and filed. Seconded RESOLUTION APPROVING PROJECT by Council Member Voetberg. Carried by the AGREEMENT WITH THE IOWA following vote: Yeas—Mayor Duggan, CouncilDEPARTMENT OF TRANSPORTATION Members Kluesner, Krieg, Nagle, Nicholson,RELATING TO THE U.S. 20 Robbins, Voetberg. Nays—None. CONSTRUCTION PROJECT FROM DEVON DRIVE TO U.S. 61 RESOLUTION NO. 339-95Whereas, the Iowa Department of RESOLUTION AUTHORIZING THETransportation has developed plans for the reconstruction of U.S. Highway 20 from Devon SUBMISSION OF A GRANTEE PERFORMANCE REPORT FOR THEDrive to U.S. 61; and PERIOD COMMENCING JULY 1, 1994Whereas, the Iowa Department of AND CONCLUDING JUNE 30, 1995Transportation and the City of Dubuque have Whereas, the City of Dubuque, Iowa, is anpreviously entered into Agreement No. 95-3-033 entitlement grant recipient under the Communityoutlining the relative responsibilities of I.D.O.T. Development Block Grant (CDBG) Program ofand the City relating to the project; and the U.S. Department of Housing and UrbanWhereas, said Project Agreement states that Development (HUD); andI.D.O.T. will be responsible for the cost of storm Whereas, the CDBG regulations require that nosewers constructed as part of the project in the later than ninety (90) days after the completion ofproportion that the U.S. 20 right-of-way bears to a program year, each entitlement recipient mustthe total drainage area to be served by the proposed submit a performance and evaluation report,storm sewers, and that the City is responsible for Grantee Performance Report (GPR); andthe remaining portion of the storm sewer cost; and Whereas, the City has 1) prepared a GPR forWhereas, the Iowa Department of the program year commencing July 1, 1994 andTransportation has prepared and submitted to the concluding June 30, 1995; 2) published notice ofCity Council for approval, a Project Agreement availability of the GPR in the Dubuque Advertiserrelating to the cost participation of the storm sewer and in the Telegraph Herald on September 6,construction; and 1995; 3) made copies of the GPR available forWhereas, the City of Dubuque approves the public review at the Public Library, City Hall, andterms and conditions of said Project Agreement. 12 Regular Session, October 2, 1995 NOW, THEREFORE, BE IT RESOLVED BYCouncil Member Nicholson. Carried by the THE CITY COUNCIL OF THE CITY OFfollowing vote: Yeas—Mayor Duggan, Council DUBUQUE, IOWA:Members Kluesner, Krieg, Nagle, Nicholson, Section 1. That Agreement No. 95-A-093Robbins, Voetberg. Nays—None. Council consisting of an agreement providing for costMember Voetberg moved final consideration and participation by the City of Dubuque in thepassage of the Ordinance. Seconded by Council construction of U.S. 20 storm sewers from DevonMember Nicholson. Carried by the following vote: Drive to U.S. 61 be approved.Yeas—Mayor Duggan, Council Members Section 2. That the Mayor be authorized andKluesner, Krieg, Nagle, Nicholson, Robbins, directed to execute two copies of this AgreementVoetberg. Nays—None. and forward the executed copies to the Iowa Department of Transportation for their approval.RESOLUTION NO. 341-95 Passed, approved and adopted this 2nd day ofRESOLUTION CHANGING THE October, 1995. AMBULANCE FEE SCHEDULE Terrance M. Duggan, MayorWhereas, The Fire Department Emergency Attest:Medical Service can provide better service to the Mary A. Davis, City Clerkcitizens of Dubuque by staffing two ambulances Council Member Voetberg moved adoption ofwith dual role-cross trained paramedic firefighters, the Resolution. Seconded by Council Memberand, Nicholson. Carried by the following vote:Whereas, Fees for service help to support this Yeas—Mayor Duggan, Council Membersimportant mission, Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED BY Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: City Manager recommending approval ofSection 1. That the City Manager's documents providing ambulance rates and charges,recommendation to decrease the number of presented and read. Council Member VoetbergFirefighter positions and increase the number of moved that the communication be received andMedical Officer positions on the Fire Department filed. Seconded by Council Member Nicholson.by five at this time, and one more at a later date, be Carried by the following vote: Yeas—Mayoradopted. Duggan, Council Members Kluesner, Krieg,Section 2. That the City Manager's Nagle, Nicholson, Robbins, Voetberg.recommended ambulance service fee schedule be Nays—None.adopted. Section 3. That these measures shall take effect An Ordinance Establishing ambulance ratesupon publication of Ordinance No. 62-95. and charges, presented and read.Passed, approved and adopted this 2nd day of October, 1995. (OFFICIAL PUBLICATION)Terrance M. Duggan, Mayor Attest: ORDINANCE NO. 62-95 Mary A. Davis, City Clerk AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BYCouncil Member Voetberg moved adoption of REPEALING SECTIONS OF 23-31 AND 23-the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: 32 ESTABLISHING AMBULANCE RATES AND CHARGES AND ADOPTING A NEWYeas—Mayor Duggan, Council Members SECTION 23-31 PROVIDING AMBULANCEKluesner, Krieg, Nagle, Nicholson, Robbins, RATES. Voetberg. Nays—None. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFCorporation Counsel submitting revisions to DUBUQUE, IOWA:taxicab ordinance, presented and read. Council Section 1. That Section 23-31 of the Code ofMember Voetberg moved that the communication be received and filed. Seconded by Council Ordinances be repealed. Section 2. That Section 23-32 of the Code ofMember Nagle. Carried by the following vote: Ordinances be repealed.Yeas—Mayor Duggan, Council Members Section 3. That a new Section 23-31 of theKluesner, Krieg, Nagle, Nicholson, Robbins, Code of Ordinances be adopted as follows: Voetberg. Nays—None. Section 23-31. Rates-Established. Rates for ambulance service shall beAn Ordinance Repealing Sections 46-32, 46-33 and 46-36 and adopting a new Section 46-32, established from time to time by the city manager and approved by city council resolution.providing for the application for a taxicab operator Passed, approved and adopted this 2nd day ofpermit, and Section 46-33, providing for October, 1995.consideration of an application for a taxicab operator's permit by the City Manager, presented Terrance M. Duggan, Mayor Attest:and read. Mary A. Davis, City Clerk Published officially in the Telegraph Herald(OFFICIAL PUBLICATION) this 6th day of October, 1996.ORDINANCE NO. 63-95 1t 10/6Mary A. Davis CMC, City ClerkAN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY Council Member Voetberg moved that the requirement that a proposed Ordinance beREPEALING SECTION 46-32, RELATING considered and voted on for passage at twoTO THE APPLICATION FOR TAXICAB Council Meetings prior to the meeting at which itOPERATOR PERMIT, SECTION 46-33, PROVIDING FOR A HEARING ON THE is to be finally passed be suspended. Seconded by Regular Session, October 2, 199513 Kluesner, Krieg, Nagle, Nicholson, Robbins, APPLICATION, AND SECTION 46-36, PROVIDING FOR THE ISSUANCE OF AVoetberg. Nays—None. TAXICAB OPERATOR PERMIT BY THE CITY COUNCIL, AND ADOPTING A NEWRESOLUTION NO. 342-95 NOW, THEREFORE, BE IT RESOLVED BY SECTION 46-32, PROVIDING FOR THE APPLICATION FOR A TAXICABTHE CITY COUNCIL OF THE CITY OF OPERATOR PERMIT, AND SECTION 46-DUBUQUE, IOWA: That the following having complied with the 33, PROVIDING FOR CONSIDERATION provisions of law relating to the sale OF AN APPLICATION FOR A TAXICAB OPERATOR'S PERMIT BY THE CITYof Cigarettes within the City of Dubuque, Iowa, be MANAGER.granted a permit to sell Cigarettes and Cigarette NOW, THEREFORE, BE IT ORDAINED BYPapers within said City. THE CITY COUNCIL OF THE CITY OFKing of ClubsMelody A. Crocker DUBUQUE, IOWA:(MY-CAP)1902 Central Ave Section 1. Sections 46-32, 46-33 and 46-36 ofPassed, approved and adopted this 2nd day of the City of Dubuque Code of Ordinances areOctober, 1995. hereby repealed. Terrance M. Duggan, Mayor Section 2. The following new Section 46-32Attest: and Section 46-33 are hereby adopted:Mary A. Davis, City Clerk Sec. 46-32. Application for operator's permit.Council Member Nagle moved adoption of the (a)An application for a taxicab operatorResolution. Seconded by Council Member Krieg. permit shall be filed with the city manager's officeCarried by the following vote: Yeas—Mayor on a form provided by the city, and suchDuggan, Council Members Kluesner, Krieg, application shall be verified under oath and shallNagle, Nicholson, Robbins, Voetberg. contain the following information:Nays—None. (1)Name and address of the applicant; (2)Prior experience of the applicant in the RESOLUTION NO. 343-95 transportation of passengers;Whereas, applications for Liquor Licenses have (3)Any facts that the applicant believes tendbeen submitted to this Council for to prove that public convenience andapproval and the same have been examined and necessity require the granting of theapproved; and permit;Whereas, the premises to be occupied by such (4)Location of the proposed depot orapplicants were inspected and found to terminal;comply with the State Laws and all City (5)Color scheme or insignia to be used toOrdinances relevant thereto and they have filed designate the vehicle or vehicles of theproper bonds. Applicant; andNOW, THEREFORE, BE IT RESOLVED BY (6)Such further information as the cityTHE CITY COUNCIL OF THE CITY OF manager may reasonably require.DUBUQUE, IOWA: (b)The city manager shall cause the policeThat the Manager be authorized to cause to be department to investigate each applicant for aissued the following named applicants taxicab operator permit, and a report of sucha Liquor License. investigation shall be attached to the applicationCLASS "C" (COMMERCIAL) for consideration by the city manager.BEER & LIQUOR LICENSE Sec. 46-33. Consideration of application.JJD, IncThe Endzone The city manager shall, upon consideration of+(Sunday & Outdoor Serv)660 Iowa St the application and the reports required to beJames/Janet KohlThe Grand Tap attached thereto, approve or reject the application.+(Sunday Sales)802 Central If the application is rejected, the applicant mayEuropa Haus Restaurant request a personal appearance before the cityEuropa Haus & Restr. & Bierstube manager to offer evidence why the application1301 Rhomberg should be reconsidered.Passed, approved and adopted this 2nd day of Passed, approved and adopted this 2nd day ofOctober, 1995 October, 1995.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Attest:Mary A. Davis, City Clerk Mary A. Davis, City ClerkCouncil Member Nagle moved adoption of the Published officially in the Telegraph HeraldResolution. Seconded by Council Member Krieg. this 6th day of October, 1995.Carried by the following vote: Yeas—Mayor 1t 10/6Mary A. Davis CMC, City ClerkDuggan, Council Members Kluesner, Krieg, Council Member Voetberg moved that theNagle, Nicholson, Robbins, Voetberg. requirement that a proposed Ordinance beNays—None. considered and voted on for passage at two City Manager requesting a public hearing to Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded byconsider transferring jurisdiction of Mar Jo Quarry Council Member Nagle. Carried by the followingRoad and ownership of the Julien Dubuque Grave vote: Yeas—Mayor Duggan, Council MembersSite to the Iowa DNR, presented and read. Council Member Krieg moved that the Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council Membercommunication be received and filed. Seconded Voetberg moved final consideration and passage ofby Council Member Nagle. Carried by the the Ordinance. Seconded by Council Memberfollowing vote: Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council MembersVoetberg. Nays—Council Member Kluesner. 14 Regular Session, October 2, 1995 RESOLUTION NO. 344-95Section 1. The City Council of the City of Dubuque, Iowa, intends to dispose of all right, title RESOLUTION OF INTENT TO DISPOSE and interest of the City of Dubuque in the real OF CITY JURISDICTION ON A PORTION OF MAR JO QUARRY ROADproperty legally described above. Whereas, the Mar Jo Quarry Road is presentlySection 2. A public hearing on the disposal of under the jurisdiction of the City of Dubuque,its right, title and interest in such real property is Iowa; andhereby set for the 16th day of October, 1995, at Whereas, the Mar Jo Quarry Road also7:00 p.m., in the Public Library auditorium, 11th provides access to the Mines of Spain conservationand Locust, Dubuque, Dubuque County, Iowa. area owned and operated by the Iowa DepartmentSection 3. The City Clerk is hereby authorized of Natural Resources; andand directed to publish notice, as provided in Iowa Whereas, the City of Dubuque is desirous ofCode Section 362.3, of this Resolution and of the transferring the portion of the Mar Jo Quarry Roaddate, time and place of the public hearing thereon. within the Mines of Spain property to the IowaPassed, approved and adopted this 2nd day of Department of Natural Resources; andOctober, 1995. Whereas, the Iowa Department of NaturalTerrance M. Duggan, Mayor Resources has indicated their willingness to acceptAttest: Mary A. Davis, City Clerk the transfer of jurisdiction.Council Member Krieg moved adoption of the NOW, THEREFORE, BE IT RESOLVED BYResolution. Seconded by Council Member Nagle. THE CITY COUNCIL OF THE CITY OFCarried by the following vote: Yeas—Mayor DUBUQUE, IOWA:Duggan, Council Members Krieg, Nagle, Section 1. That the City Council intends toNicholson, Robbins. Nays—Council Members transfer jurisdiction of that portion of the Mar JoKluesner, Quarry Road extending from south of the IllinoisVoetberg. Central Railroad tracks to the access road to the Julien Dubuque Grave Site to the IowaCity Manager submitting documents providing Department of Natural Resources.for the bidding process on the Dubuque Section 2. That the City Clerk be and is herebyGreyhound Park & Casino - Entry Ramp and Stair authorized and directed to cause a notice of intentconstruction, presented and read. Council Member to dispose of the City jurisdiction of that portion ofVoetberg moved that the communication be the Mar Jo Quarry Road extending from south ofreceived and filed. Seconded by Council Member the Illinois Central Railroad tracks to the accessNicholson. Carried by the following vote: road to the Julien Dubuque Grave Site, to beYeas—Mayor Duggan, Council Members published in the manner as prescribed by law.Kluesner, Nagle, Nicholson, Robbins, Voetberg. Passed, approved and adopted this 2nd day ofNays—None. Abstain—Council Member Krieg. October, 1995. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the RESOLUTION NO. 346-95 Resolution and setting the matter for PublicPRELIMINARY APPROVAL OF Hearing on 10-16-95 at 7:00 p.m. in the PublicPLANS AND SPECIFICATIONS Library Auditorium and that the City ClerkNOW THEREFORE, BE IT RESOLVED BY publish notice in the manner prescribed by law.THE CITY COUNCIL OF THE CITY OF Seconded by Council Member Nagle. Carried byDUBUQUE, IOWA: the following vote: Yeas—Mayor Duggan,That the proposed plans, specifications, form of Council Members Krieg, Nagle, Nicholson,contract and estimated cost for the Dubuque Robbins, Voetberg. Nays—Council MemberGreyhound Park and Casino -Entry Ramp and Kluesner. Stair, in the estimated amount of $40,501.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. RESOLUTION NO. 345-95 RESOLUTION OF INTENT TO DISPOSEPassed, adopted and approved this 2nd day of OF INTEREST IN REAL PROPERTYOctober, 1995. Terrance M. Duggan, Mayor KNOWN AS JULIEN DUBUQUE GRAVE SITEAttest: Whereas, the City of Dubuque is the owner ofMary A. Davis, City Clerk certain real estate located in Dubuque county,Council Member Voetberg moved adoption of Iowa, known as Julien Dubuque Grave Site, andthe Resolution. Seconded by Council Member legally described as follows:Nicholson. Carried by the following vote: Lot 1 of Government Lot 1, in Section 5; Lot 2Yeas—Mayor Duggan, Council Members of lot 5 of Government Lot 1, in Section 6;Kluesner, Nagle, Nicholson, Robbins, Voetberg. Township 88 North, Range 3 East of 5th P.M.,Nays—None. Abstain—Council Member Krieg. in Dubuque County, Iowa, according to the respective recorded Plats thereof.RESOLUTION NO. 347-95 And Whereas, the City desires to convey all its FIXING DATE OF HEARING ON right, title and interest in such property to the PLANS AND SPECIFICATIONS Department of Natural Resources, acting for theWhereas, the City Council of the City of State of Iowa.Dubuque, Iowa has given its preliminary approval NOW, THEREFORE, BE IT RESOLVED BYon the proposed plans, specifications, and form of THE CITY COUNCIL OF THE CITY OFcontract and placed same on file in the office of the DUBUQUE, IOWA:City Clerk for public inspection of the Dubuque Regular Session, October 2, 199515 Greyhound Park and Casino - Entry Ramp andMember Nagle moved that the communication be Stair.received and filed and approved request with NOW THEREFORE, BE IT RESOLVED BYHearing set for 10-16-95 at 7 p.m. in the Public THE CITY COUNCIL OF THE CITY OFLibrary Auditorium and that the City Clerk DUBUQUE, IOWA:publish notice in the manner prescribed by law. That on the 16th day of October, 1995, a publicSeconded by Council Member Nicholson. Carried hearing will be held at 7:00 p.m. in the Publicby the following vote: Yeas—Mayor Duggan, Library Auditorium at which time interestedCouncil Members Kluesner, Krieg, Nagle, persons may appear and be heard for or against theNicholson, Robbins, Voetberg. Nays—None. proposed plans and specifications, form of contract and cost of said improvement, and the City ClerkCity Manager recommending to set a public be and is hereby directed to cause a notice of timehearing on October 16th to consider an and place of such hearing to be published in aAmendment to Downtown Urban Renewal Plan, newspaper having general circulation in the City ofand Long Range Planning Commission advising of Dubuque, Iowa, which notice shall be not less thantheir support to the amendment, presented and four days nor more than twenty days prior to theread. Council Member Voetberg moved that the day fixed for its consideration. At the hearing, anycommunications be received and filed and interested person may appear and file objections torecommendation approved to set a Public Hearing the proposed plans, specifications, contract, oron 10-16-95 at 7:00 p.m. in the Public Library estimated cost of the improvement.Auditorium and that the City Clerk publish notice Passed, adopted and approved this 2nd day ofin the manner prescribed by law. Seconded by October, 1995.Council Member Nagle. Carried by the following Terrance M. Duggan, Mayorvote: Yeas—Mayor Duggan, Council Members Attest:Kluesner, Krieg, Nagle, Nicholson, Robbins, Mary A. Davis, City ClerkVoetberg. Nays—None. Council Member Voetberg moved adoption of the Resolution. Seconded by Council MemberCity Manager requesting public hearing Nicholson. Carried by the following vote:regarding suspension of parking in the Parking Yeas—Mayor Duggan, Council MembersPermit program at Senior High School, presented Kluesner, Nagle, Nicholson, Robbins, Voetberg.and read. Council Member Kluesner moved that Nays—None. Abstain—Council Member Krieg.the communication be received and filed. Seconded by Council Member Nicholson. Carried RESOLUTION NO. 348-95by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BYNicholson, Robbins, Voetberg. Nays—None. THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:An Ordinance Amending Code of Ordinances That the Dubuque Greyhound Park and Casinoby adding a new Sec. 32-390.5 providing for - Entry Ramp and Stair is hereby ordered to betemporary suspension of the parking regulations advertised for bids for construction.contained in the Residential Parking Permit BE IT FURTHER RESOLVED, that theDistrict at Senior High School, presented and read. amount of the security to accompany each bid shallCouncil Member Kluesner moved that the be in an amount which shall conform to therequirement that a proposed Ordinance be provisions of the notice to bidders hereby approvedconsidered and voted on for passage at two as a part of the plans and specifications heretoforeCouncil Meetings prior to the meeting at which it adopted.is to be finally passed be suspended. Seconded by That the City Clerk is hereby directed toCouncil Member Nicholson. Carried by the advertise for bids for the construction of thefollowing vote: Yeas—Mayor Duggan, Council improvements herein provided, to be published inMembers Kluesner, Krieg, Nagle, Nicholson, a newspaper having general circulation in the CityRobbins, Voetberg. Nays—None. Council of Dubuque, Iowa, which notice shall not be lessMember Kluesner moved that a Public Hearing be than four days nor more than twenty days prior toheld on the proposed Ordinance on the 16th day of the receipt of said bids at 2:00 p.m. on the 10thOctober, 1995, at 7:00 o'clock p.m. at the Public day of October, 1995. Bids shall be opened andLibrary Auditorium and that the City Clerk be read by the City Clerk at said time and will bedirected to publish notice in the manner prescribed submitted to the Council for final action at 7:00by law. Seconded by Council Member Voetberg. p.m. on the 16th day of October, 1995.Carried by the following vote: Yeas—Mayor Passed, adopted and approved this 2nd day ofDuggan, Council Members Kluesner, Krieg, October, 1995.Nagle, Nicholson, Robbins, Voetberg. Terrance M. Duggan, MayorNays—None. Attest: Mary A. Davis, City ClerkThere being no further business, Council Council Member Voetberg moved adoption ofMember Voetberg moved to adjourn. Seconded by the Resolution. Seconded by Council MemberCouncil Member Nagle. Carried by the following Nicholson. Carried by the following vote:vote: Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Nagle, Nicholson, Robbins, Voetberg.Voetberg. Nays—None. Meeting adjourned at Nays—None. Abstain—Council Member Krieg.8:32 p.m. Long Range Planning Commission requestingMary A. Davis CMC public hearing be set on October 16, 1995 toCity Clerk consider adoption of Phase II of the Comprehensive Plan, presented and read. Council 16 Regular Session, October 2, 1995 Approved ______________________, 1996. Adopted _______________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk 1Regular Session, October 16, 1995 ____________________________________ Mayor DUBUQUE ____________________________________ COULER VALLEY URBAN ____________________________________ DRAINAGE DISTRICT OFFICIAL ____________________________________ PROCEEDINGS ____________________________________ Joint Board, Special Couler Valley Urban Drainage District Meeting____________________________________ Board Met on Monday, October 16, 1995, 6:00 p.m., Public Library Auditorium. ____________________________________ Present: Chairperson Duggan, Board Members Council Members Nicholson, Robbins, Voetberg, Waller, Smith and Manternach. Absent: Board Members Kluesner, Krieg,Attest: Nagle. ____________________________________ Council Member Nicholson requested City Clerk discussion on the condition of the Sageville Drainage District. Verbal request from Ellen Hall to address Joint Board regarding cleaning the Sageville drainage ditch. Ellen Hall addressed the Board stressing that there is always standing water in the ditch and that it has never been cleaned even though the County has received money to clean the ditches. Merle Freiburger stressed he had been in this area 71 years and stated that the ditch has to be wider than the 3' diameter. Board Member Smith moved that they contact Larry Wilson of the DNR and the Army Corps of Engineers to check into this problem and meet with them for a possible solution. Seconded by Board Member Voetberg. Vote on the motion was as follows: Yeas—Chairperson Duggan, Board Members Nicholson, Robbins, Voetberg, Waller, Smith, Manternach. Nays—None. Absent—Board Members Kluesner, Krieg, Nagle. Board Member Smith moved that this Board submit a formal application for an EDA grant to assist with the problem. Seconded by Board Member Nicholson. Vote on the motion was as follows: Yeas—Board Members Nicholson, Waller, Smith. Nays—Chairperson Duggan, Board Members Robbins, Voetberg, Manternach. Absent—Board Members Kluesner, Krieg, Nagle. There being no further business, Board Member Manternach moved to adjourn. Seconded by Board Member Voetberg. Vote on the motion was as follows: Yeas—Chairperson Duggan, Board Members Nicholson, Robbins, Voetberg, Waller, Smith, Manternach. Nays—None. Absent—Board Members Kluesner, Krieg, Nagle. Meeting adjourned at 6:43 p.m. At 6:45 P.M. the City Council viewed the new Fire Apparatus in front of the Library. Mary A. Davis CMC City Clerk Approved ______________________, 1996. Adopted _______________________, 1996. Regular Session, October 16, 19952 Financial Statements for period ending June 30, 1995; and City Manager submitting DUBUQUE Monthly/Quarterly Investment Report for period ending September 30, 1995, presented and read. Council Member Voetberg moved that the reports CITY COUNCIL be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members OFFICIAL Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. PROCEEDINGS NOTICES OF CLAIMS/SUITS — Mary J. Anthony in unknown amount for property City Council, Regular Session, October 16, damages; Sally Kahle vs. City of Dubuque et al 1995 regarding action of Zoning Board of Adjustment; Council Met at 7:00 p.m., Public Library Neil E. Kelley in amount of $7000.00 for Auditorium. unnecessary charges incurred; Rita Menadue vs. Present: Mayor Duggan, Council Members Interstate Power Co and City of Dubuque, Ia in Kluesner, Krieg, Nicholson, Robbins, Voetberg, unknown amount for personal injuries; Tricia City Manager Michael Van Milligen, Assistant Tiedt in unknown amount for personal injuries, City Attorney James O'Brien. presented and read. Council Member Voetberg Absent: Council Member Nagle. moved that the matter be referred to the Legal Staff for investigation and report. Seconded by Council Mayor Duggan read the call and stated this is Member Robbins. Carried by the following vote: the Regular Session of the City Council called for Yeas—Mayor Duggan, Council Members the purpose to act upon such business which may Kluesner, Krieg, Nicholson, Robbins, Voetberg. properly come before the Council. Nays—None. Absent—Council Member Nagle. Invocation was given by Father Mick Lynch, Corporation Counsel advising car damage Spiritual Director of Wahlert High School. claim of Tony Gerlieb has been referred to Crawford & Company, the agent for the Iowa PROCLAMATIONS — Oct. 16-21 as Communities Assurance Pool, presented and read. "Dubuque Business & Professional Women's Council Member Voetberg moved that the Week" received by Dorothy Culbertson; Oct. 23- communication be received and filed. Seconded 31 as "Red Ribbon Week; Month of November as by Council Member Robbins. Carried by the "Hospice Month" received by Carole Carroll; Nov. following vote: Yeas—Mayor Duggan, Council 6-12 as "Radiologic Technology Week" received Members Kluesner, Krieg, Nicholson, Robbins, by Cathy Noonan. Voetberg. Nays—None. Absent—Council Member Nagle. Mayor Duggan welcomed representatives from our Sister-City, Pyatigorsk, District of Stavropol, Corporation Counsel recommending denials of Russia who were introduced by Jeff Walters. tire damage claim of Mary Jo Ferring and tire damage claim of John J. Winner, presented and MINUTES SUBMITTED — Cable read. Council Member Voetberg moved that the Community Teleprogramming Commission of 10- communication be received and filed and approved 10; DMATS Policy Committee of 8-31; denials. Seconded by Council Member Robbins. Environmental Stewardship Commission of 10-3; Carried by the following vote: Yeas—Mayor Housing Commission of 9-12; Park & Recreation Duggan, Council Members Kluesner, Krieg, Commission of 9-19; Zoning Board of Adjustment Nicholson, Robbins, Voetberg. Nays—None. of 9-28; Zoning Commission of 10-4, presented Absent—Council Member Nagle. and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Corporation Counsel recommending payment Council Member Robbins. Carried by the of $200.00 to Diane TeKippe in accordance with following vote: Yeas—Mayor Duggan, Council executed Receipt and Release for personal injuries, Members Kluesner, Krieg, Nicholson, Robbins, presented and read. Council Member Voetberg Voetberg. Nays—None. Absent—Council moved that the communication be received and Member Nagle. filed and approved payment and Finance Director to issue proper check. Seconded by Council Proof of Publication certified to by the Member Robbins. Carried by the following vote: Publisher on publication of Council Proceedings Yeas—Mayor Duggan, Council Members for meeting of 9-18, presented and read. Council Kluesner, Krieg, Nicholson, Robbins, Voetberg. Member Voetberg moved that the proof be Nays—None. Absent—Council Member Nagle. received and filed. Seconded by Council Member Robbins. Carried by the following vote: James J. Weber submitting his resignation from Yeas—Mayor Duggan, Council Members the Zoning Board of Adjustment effective October Kluesner, Krieg, Nicholson, Robbins, Voetberg. 1, 1995, presented and read. Council Member Nays—None. Absent—Council Member Nagle. Voetberg moved that the communication be received and filed and accepted with regret. Finance Director submitting Financial reports Seconded by Council Member Robbins. Carried for month ending August 31, 1995; Convention by the following vote: Yeas—Mayor Duggan, and Visitors Bureau submitting their 1st Quarter Council Members Kluesner, Krieg, Nicholson, Report ending September 30, 1995; Dubuque Robbins, Voetberg. Nays—None. Area Labor-Management Council submitting their Absent—Council Member Nagle. 3Regular Session, October 16, 1995 Zoning Commission advising of their approvalCity Manager recommending support of of final plat for Southeast Second SubdivisionOperation: New View's application to the U.S. located near Highway 61/151 South in DubuqueDepartment of Labor, presented and read. Council County, presented and read. Council MemberMember Voetberg moved that the communication Voetberg moved that the communication bebe received and filed. Seconded by Council received and filed. Seconded by Council MemberMember Robbins. Carried by the following vote: Robbins. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nicholson, Robbins, Voetberg. Kluesner, Krieg, Nicholson, Robbins, Voetberg.Nays—None. Absent—Council Member Nagle. Nays—None. Absent—Council Member Nagle. RESOLUTION NO. 350-95 RESOLUTION NO. 349-95A RESOLUTION SUPPORTING RESOLUTION APPROVING THE FINALOPERATION: NEW VIEW'S APPLICATION PLAT OF LOTS 1 THRU 3 OF TAMARACKTO THE U.S. DEPARTMENT OF LABOR S.E. SECOND SUBDIVISION IN DUBUQUEFOR ADDITIONAL FUNDS FOR COUNTY, IOWA.RETRAINING OF FDL WORKERS Whereas, there has been filed with the CityAFFECTED BY THE RECENT LAYOFFS. Clerk a final plat of Lots 1 thru 3 of TamarackWhereas, the City of Dubuque, Iowa, S.E. Second Subdivision in Dubuque County,acknowledges Operation: New View and its Iowa; andDislocated Worker Program as the key provider of Whereas, upon said final plat appear streets tofirst line information and assistance to Dubuque be known as East Tamarack Drive, Bronzewoodworkers who have lost their jobs; and Drive and Ironwood Drive; andWhereas, the City of Dubuque, Iowa, Whereas, the preliminary and final plats haverecognizes the demonstrated ability of the local been approved by the City Zoning Commission;Dislocated Worker Program to provide excellent andcounseling and service to its clients; and Whereas, said final plat has been examined byWhereas, the needs of affected FDL workers for the City Council and they find that it conforms toretraining funds have outstripped the existing the statutes and ordinances relating to it, exceptfunding available to meet those unexpected needs; that no streets or utilities have yet been constructedand or installed; andWhereas, an application for additional Whereas, the City Council concurs in thediscretionary funds have outstripped the existing conditions of approval established by the Zoningfunding available to meet those unexpected needs; Commission.and NOW THEREFORE, BE IT RESOLVED BYNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:DUBUQUE, IOWA: Section 1. That the final plat of Lots 1 thru 3Section 1. That this City Council fully of Tamarack S.E. Second Subdivision in Dubuquesupports Operation: New View's application for County, Iowa, is hereby approved and the Mayordiscretionary funds for retraining of affected FDL and City Clerk are hereby authorized and directedworkers. to endorse the approval of the City of Dubuque,Section 2. That the U.S. Department of Labor Iowa, upon said final plat.is urged to approve this application for additional Section 2. That the City Council hereby waivesfunding to meet the critical community need for Article IV of the Subdivision Regulations, exceptdislocated worker retraining. for Section 42-19.Section 3. That the City Manager is hereby Section 3. That in the event the owner shall faildirected to transmit a copy of this resolution of to execute the acceptance within 45 days after thesupport to the appropriate office within the U.S. date of this Resolution, the provisions hereof shallDepartment of Labor. be null and void and the acceptance and approvalPassed, approved and adopt this 16th day of of the plat shall not be effective.October, 1995. Passed, approved and adopted this 16th day ofTerrance M. Duggan, Mayor October, 1995.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 ACCEPTANCE OF RESOLUTIONRobbins. Carried by the following vote: NO. 349-95Yeas—Mayor Duggan, Council Members I, the undersigned, Jon Luckstead, having readKluesner, Krieg, Nicholson, Robbins, Voetberg. the terms and conditions of the Resolution No.Nays—None. Absent—Council Member Nagle. 349-95 and being familiar with the conditions thereof, hereby accept this same and agree to theCity Manager recommending contribution from conditions required therein.the Diamond Jo be used in the Community Dated in Dubuque, Iowa this 18th day ofOriented Policing program, presented and read. October, 1995.Council Member Voetberg moved that the By /s/ Jon Lucksteadcommunication be received and filed and Council Member Voetberg moved adoption ofrecommendation approved. Seconded by Council the Resolution. Seconded by Council MemberMember Robbins. Carried by the following vote: Robbins. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nicholson, Robbins, Voetberg. Kluesner, Krieg, Nicholson, Robbins, Voetberg.Nays—None. Absent—Council Member Nagle. Nays—None. Absent—Council Member Nagle. Regular Session, October 16, 19954 City Manager requesting authorization tothe Office of the City Clerk where said record may publish notice of No Significant Effect on thebe examined and copied by any interested party. Environment and Notice of Intent to requestSection 3. That the Mayor of the City of release of funds for Community DevelopmentDubuque is hereby authorized and directed to Block Grant projects, presented and read. Councilsubmit to the U.S. Department of Housing and Member Voetberg moved that the communicationUrban Development fifteen (15) days after be received and filed. Seconded by Councilpublication of appropriate notice a Request for Member Robbins. Carried by the following vote:Release of Funds to undertake the said projects. Yeas—Mayor Duggan, Council MembersSection 4. That the Mayor of the City of Kluesner, Krieg, Nicholson, Robbins, Voetberg.Dubuque is hereby authorized to consent to Nays—None. Absent—Council Member Nagle.assume the status of a responsible federal official under the National Environmental Projection Act, RESOLUTION NO. 351-95insofar as the provisions of the said Act apply to A RESOLUTION AUTHORIZINGthe U.S. Department of Housing and Urban PUBLICATION OF A COMBINED NOTICEDevelopment responsibilities for review, decision making, and action assumed and carried out by the OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OFCity of Dubuque as to environmental issues. INTENT TO REQUEST RELEASE OFSection 5. That the Mayor of the City of Dubuque is hereby authorized to consent FUNDS FOR CERTAIN COMMUNITY personally, in his official capacity and on behalf of DEVELOPMENT BLOCK GRANT PROJECTSthe City of Dubuque, to accept the jurisdiction of Whereas, the City of Dubuque Community andthe federal courts if an action is brought to enforce Economic Development Department hasresponsibilities in relation to environmental completed an environmental assessment of thereview, decision making and action. following projects: the Davis Avenue SanitarySection 6. That the Mayor of the City of Sewer Extension to serve all of the northerlyDubuque be and he is hereby authorized and properties along Davis Avenue from 150 feet eastdirected to execute a certification pertaining to the of Burden Avenue east to Sheridan Road; and siteenvironmental review procedures. preparation of Lots 1 and 2 of River ViewPassed, approved and adopted this 16th day of Addition on Davis Avenue for Habitat forOctober, 1995. Humanity, both which are to be financed withTerrance M. Duggan, Mayor Community Development Block Grant funds; andAttest: Whereas, based on said environmental reviews,Mary A. Davis, City Clerk the Department of Community and EconomicCouncil Member Voetberg moved adoption of Development has determined that said projects willthe Resolution. Seconded by Council Member have no significant impact on the environment; andRobbins. Carried by the following vote: Whereas, combined notice of a "Finding of NoYeas—Mayor Duggan, Council Members Significant Effect on the Environment" and noticeKluesner, Krieg, Nicholson, Robbins, Voetberg. of "Intent to Request Release of Funds" for saidNays—None. Absent—Council Member Nagle. project will be sent by regular mail to various federal, state and local public agencies and to theCity Manager recommending approval of an local news media, individuals and groups knownagreement with the Finley Hospital for services to be interested and believed to be appropriate tocovered by the City's HMO Plan, presented and receive such a notice; andread. Council Member Voetberg moved that the Whereas, any and all comments received as acommunication be received and filed and approved result of such notice will be duly considered beforeagreement. Seconded by Council Member proceeding with a Request for Release of FundsRobbins. Carried by the following vote: and Certification.Yeas—Mayor Duggan, Council Members NOW, THEREFORE, BE IT RESOLVED BYKluesner, Krieg, Nicholson, Robbins, Voetberg. THE CITY COUNCIL OF THE CITY OFNays—None. Absent—Council Member Nagle. DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on theBOARDS AND COMMISSIONS Environment and Notice of Intent to Request Release of Funds for the following identifiedENVIRONMENTAL STEWARDSHIP project and to make the Environmental Review COMMISSION Record for said projects available for publicOne 1-Year term which will expire 6-1-96 - inspection and comment until noon, Friday,must be the Youth representative. Applicants: November 3, 1995. Such notice shall be in theElizabeth C. Paulsen, Rachel Schultz. Vote on the form of Exhibit "A" attached hereto and made aappointment was as follows: Mayor Duggan voted part hereof.for Schultz. Council Member Kluesner voted for The Davis Avenue Sanitary Sewer ExtensionSchultz. Council Member Krieg voted for Schultz. will serve all of the northerly properties alongCouncil Member Nagle was absent. Council Davis Avenue from 150 feet East of BurdenMember Nicholson voted for Schultz. Council Avenue East to Sheridan Road.Member Robbins voted for Schultz. Council Site preparation of Lots 1 and 2 of River ViewMember Voetberg voted for Schultz. Therefore, Addition on Davis Avenue in the City ofRachel Schultz appointed to the Environmental Dubuque for Habitat for Humanity CommunityStewardship Commission as the Youth Partnership Program (cp2) grant.representative to serve a term which will expire 6- Section 2. That the environmental review1-96. records for the projects shall be placed on file in 5Regular Session, October 16, 1995 Council Member Voetberg moved that the rulesDepartment of Natural Resources be and the same be suspended to allow anyone present to addressis hereby approved. the Council if they so desire. Seconded by CouncilSection 2. That the Mayor is hereby authorized Member Robbins. Carried by the following vote:and directed to execute the attached Agreement for Yeas—Mayor Duggan, Council MembersTransfer of Public Road Jurisdiction between the Kluesner, Krieg, Nicholson, Robbins, Voetberg.City and the Iowa Department of Natural Nays—None. Absent—Council Member Nagle.Resources. Section 3. That the Mayor be authorized and Proof of Publication certified to by thedirected to execute the attached Quit Claim Deed, Publisher on Notice of Public Hearing to considerand the City Clerk is hereby authorized and disposing of City's jurisdiction on a portion of Mardirected to deliver said deed of conveyance to the Jo Quarry Road; Proof of Publication certified toIowa Department of Natural Resources. by the Publisher on Notice of Public Hearing toSection 4. That the City Clerk be and is hereby consider disposing of City's interest in real propertyauthorized and directed to record a certified copy known as Julien Dubuque Grave Site; Cityof this Resolution in the office of the City Assessor, Manager recommending approval to grantDubuque County Recorder, and the Dubuque jurisdiction of road and dispose of real property,County Auditor. presented and read. Council Member Krieg movedPassed, approved and adopted this 16th day of that the proofs and communication be received andOctober, 1995. filed. Seconded by Council Member Nicholson.Terrance M. Duggan, Mayor Carried by the following vote: Yeas—MayorAttest: Duggan, Council Members Krieg, Nicholson,Mary A. Davis, City Clerk Robbins, Voetberg. Nays—Council MemberCouncil Member Krieg moved adoption of the Kluesner. Absent—Council Member Nagle.Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Wayne Buckels, Park Ranger of DNR, SteveYeas—Mayor Duggan, Council Members Krieg, Neyens, a Member of the Dubuque AudubonNicholson, Robbins, Voetberg. Nays—Council Society, Howard Higley, Volunteer for Mines ofMember Spain, and John Roling of the Mississippi TrailsKluesner. Absent—Council Member Nagle. Club, all voiced support in giving this property to the DNR. RESOLUTION NO. 353-95 RESOLUTION DISPOSING OF ALL RESOLUTION NO. 352-95RIGHT, TITLE AND INTEREST OF THE RESOLUTION DISPOSING OF CITYCITY OF DUBUQUE, IOWA, IN THE INTEREST IN THE MAR JO QUARRYPROPERTY KNOWN AS JULIEN ROADDUBUQUE GRAVE SITE Whereas, pursuant to Resolution and publishedWhereas, pursuant to Resolution and published notice of time and place of hearing, published innotice of time and place of hearing, published in the Telegraph Herald, a newspaper of generalthe Telegraph Herald, a newspaper of general circulation published in the City of Dubuque,circulation published in the City of Dubuque, Iowa, on the 6th day of October, 1995, the CityIowa, on the 6th day of October, 1995, the City Council of the City of Dubuque, Iowa, met on theCouncil of the City of Dubuque, Iowa, met on the 16th day of October, 1995, at 7:00 p.m., in the16th day of October, 1995, at 7:00 p.m., in the Public Library auditorium, 11th and Locust,Public Library auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa, to consider theDubuque, Dubuque County, Iowa, to consider a proposal for transfer of its interest in andproposal for disposing of all right, title and interest jurisdiction of the public road segment as follows:of the City of Dubuque to the following described That portion of the Mar Jo Quarry Roadreal estate: extending from south of the Illinois CentralLot One (1) of the Subdivision of Government Railroad tracks to the access road to the JulienLot One (1) of Section Five (5), Township Dubuque Grave Site in Lot 4 of the NorthwestEighty-eight (88) North, Range Three (3) East Quarter of the Northeast Quarter of Section 6of the Fifth P. M., containing fifty-five and Lot 1 of Lot 5 of Fractional Governmenthundredths (0.55) of an acre, more or less; and Lot 1 in Section 6, all in Township 88 North,Lot Two (2) of the Subdivision of Lot Five (5) Range 3 East of the Fifth Principal Meridian inof the Subdivision of government Lot One (1) Dubuque County, Iowa, to the Iowaof Section Six (6) of said Township 88 North, Department of Natural Resources; andRange 3 East of the Fifth P. M., containing Whereas, the City Council of the City ofFour and 61/100's (4.61) acres, more or less. Dubuque, Iowa, overruled any and all objections,And Whereas, the City Council of the City of oral or written, to the proposal to transfer itsDubuque, Iowa, overruled any and all objections, interest in and the jurisdiction of the public roadoral or written, to the proposal to dispose of all segment hereinabove described to the Iowaright, title and interest of the City of Dubuque, Department of Natural Resources.Iowa, in the hereinabove described real estate, by NOW, THEREFORE, BE IT RESOLVED BYconveying such property to The Department of THE CITY COUNCIL OF THE CITY OFNatural Resources, acting for the State of Iowa. DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the transfer of its interest inTHE CITY COUNCIL OF THE CITY OF and the jurisdiction of the City of Dubuque,DUBUQUE, IOWA: Dubuque County, Iowa, in that portion of Mar JoSection 1. The disposal of all right, title and Quarry Road extending from south of the Illinoisinterest to the City of Dubuque, Dubuque County, Central Railroad tracks to the access road to theIowa, in the real property described above by Julien Dubuque Grave Site to the Iowaconveying the same to The Department of Natural Resources, acting for the State of Iowa, be and the Regular Session, October 16, 19956 same is hereby approved in consideration for theaward contract for project, presented and read. sum of One Dollar ($1.00).Council Member Robbins moved that the proof Section 2. The Mayor is hereby authorized andand communication be received and filed. directed to execute a Special Warranty Deed inSeconded by Council Member Voetberg. Carried trust, a copy of which is attached hereto, and theby the following vote: Yeas—Mayor Duggan, City Clerk is hereby authorized and directed toCouncil Members Kluesner, Nicholson, Robbins, deliver said Deed to The Department of NaturalVoetberg. Nays—None. Abstain—Council Resources, acting for the State of Iowa.Member Krieg. Absent—Council Member Nagle. Section 3. The City Clerk is hereby authorized and directed to record a certified copy of thisRESOLUTION NO. 355-95 Resolution in the office of the City Assessor, theAWARDING CONTRACT Dubuque County Recorder, and the DubuqueWhereas, sealed proposals have been submitted County Auditor.by contractors for the Dubuque Greyhound Park Passed, approved and adopted this 16th day ofand Casino - Entry Ramp and Stair pursuant to October, 1995.Resolution No. 348-95 and notice to bidders Terrance M. Duggan, Mayorpublished in a newspaper published in the City of Attest:Dubuque, Iowa on the 6th day of October, 1995. Mary A. Davis, City ClerkWhereas, said sealed proposals were opened Council Member Krieg moved adoption of theand read on the 10th day of October, 1995 and it Resolution. Seconded by Council Memberhas been determined that the bid of Total Nicholson. Carried by the following vote:Structures, Inc. of Dubuque, Iowa in the amount of Yeas—Mayor Duggan, Council Members Krieg,$49,792.00 was the lowest bid for the furnishings Nicholson, Robbins. Nays—Council Membersof all labor and materials and performing the work Kluesner,as provided for in the plans and specifications. Voetberg. Absent—Council Member Nagle. NOW THEREFORE, BE IT RESOLVED BY Proof of Publication certified to by theTHE CITY COUNCIL OF THE CITY OF Publisher on Notice of Hearing on Plans andDUBUQUE, IOWA: Specifications for the Dubuque Greyhound ParkThat the contract for the above improvement be and Casino-Entry Ramp and Stair project,awarded to Total Structures, Inc. and the Manager presented and read. Council Member Robbinsbe and is hereby directed to execute a contract on moved that the proof be received and filed.behalf of the City of Dubuque for the complete Seconded by Council Member Voetberg. Carriedperformance of the work. by the following vote: Yeas—Mayor Duggan,BE IT FURTHER RESOLVED: Council Members Kluesner, Nicholson, Robbins,That upon the signing of said contract and the Voetberg. Nays—None. Abstain—Councilapproval of the contractor's bond, the City Member Krieg. Absent—Council Member Nagle.Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 16th day of RESOLUTION NO. 354-95 RESOLUTION ADOPTING PLANSOctober, 1995. AND SPECIFICATIONSTerrance M. Duggan, Mayor Whereas, on the 28th day of September, 1995,Attest: plans, specifications, form of contract andMary A. Davis, City Clerk estimated cost were filed with the City Clerk ofCouncil Member Robbins moved adoption of Dubuque, Iowa for the Dubuque Greyhound Parkthe Resolution. Seconded by Council Member and Casino - Entry Ramp and Stair.Voetberg. Carried by the following vote: Whereas, notice of hearing on plans,Yeas—Mayor Duggan, Council Members specifications, form of contract, and estimated costKluesner, Nicholson, Robbins, Voetberg. was published as required by law.Nays—None. Abstain—Council Member Krieg. NOW THEREFORE, BE IT RESOLVED BYAbsent—Council Member Nagle. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:Proof of Publication certified to by the That the said plans, specifications, form ofPublisher on Notice of Public Hearing to consider contract and estimated cost are hereby approved asapproval of a proposed amendment to the the plans, specifications, form of contract andAmended and Restated Urban Renewal Plan for estimated cost for said improvements for saidthe Downtown Dubuque Urban Renewal District project.and City Manager recommending approval of Passed, adopted and approved this 16th day ofamendment, presented and read. Council Member October, 1995.Voetberg moved that the proof and communication Terrance M. Duggan, Mayorbe received and filed. Seconded by Council Member Kluesner. Carried by the following vote: Attest:Yeas—Mayor Duggan, Council Members Mary A. Davis, City ClerkKluesner, Krieg, Nicholson, Robbins, Voetberg. Council Member Robbins moved adoption ofNays—None. Absent—Council Member Nagle. the Resolution. Seconded by Council Member Voetberg. Carried by the following vote:RESOLUTION NO. 356-95 Yeas—Mayor Duggan, Council MembersA RESOLUTION APPROVING AN Kluesner, Nicholson, Robbins, Voetberg.AMENDMENT TO THE AMENDED AND Nays—None. Abstain—Council Member Krieg. RESTATED URBAN RENEWAL PLAN FOR Absent—Council Member Nagle.THE DOWNTOWN DUBUQUE URBAN RENEWAL DISTRICT Proof of Publication certified to by theWhereas, on May 2, 1994, the City Council of Publisher on Notice to Bidders on Receipt of Bidsthe City of Dubuque, Iowa, adopted an amended for project and City Manager recommending to 7Regular Session, October 16, 1995 and restated urban renewal plan for the DowntownCouncil Meeting of 10-2-95, presented for final Dubuque Urban Renewal District; andaction. Whereas, the City has been requested to amend that portion of the adopted plan which provides for(OFFICIAL PUBLICATION) land acquisition in the Old Main Subarea; and ORDINANCE NO. 64-95 Whereas, the Long Range PlanningAN ORDINANCE AMENDING THE CODE Commission has reviewed the proposedOF ORDINANCES OF THE CITY OF amendment as provided by the Urban Renewal DUBUQUE, IOWA BY ENACTING A NEW Law and City Code, has found that said SECTION 32-390.5 PROVIDING A amendment is in conformance with the generalPROCEDURE FOR THE TEMPORARY plan for the municipality as a whole, and hasSUSPENSION BY THE CITY COUNCIL OF recommended adoption; and PARKING REGULATIONS CONTAINED IN Whereas, the proposed amendment does notA RESIDENTIAL PARKING PERMIT involve any change related to refunding bonds orDISTRICT refinancing resulting in an increase in debt serviceNOW, THEREFORE, BE IT ORDAINED BY or provides for the issuance of bonds or otherTHE CITY COUNCIL OF THE CITY OF indebtedness, to be funded primarily in the mannerDUBUQUE, IOWA: provided in Section 403.19 of the Code of IowaThat the Code of Ordinances of the City of and therefore the notification and consultationDubuque, Iowa be amended by adopting the process with affected taxing entities is not required;following new Section 32-390.5 as follows: and"Sec. 32-390.5. Waiver of Residential Parking Whereas, the City Council has held a publicPermit Regulations. hearing on the proposed amendment pursuant toUpon receipt of an application for the waiver of the notice as required and has considered any and allparking requirements of a residential parking comments received.permit district, the City Council may by resolution NOW, THEREFORE, BE IT RESOLVED BYsuspend such parking regulations for specific THE CITY COUNCIL OF THE CITY OFcircumstances and special events as the City DUBUQUE, IOWA:Council may deem appropriate. Section 1. That this Council finds that thePassed, approved and adopted this 16th day of amendment to the Amended and Restated UrbanOctober, 1995. Renewal Plan for the Downtown Dubuque UrbanTerrance M. Duggan, Mayor Renewal District attached hereto as Exhibit A andAttest: incorporated herein by reference conforms to theMary A. Davis, City Clerk general plan of the municipality as a whole. Published officially in the Telegraph Herald Section 2. That said amendment is hereby this 20th day of October, 1996. approved and the City Clerk is hereby directed to1t 10/20Mary A. Davis, CMC, City Clerk file a copy of said amendment with the proceedingsCouncil Member Kluesner moved final of this meeting. consideration and passage of the Ordinance. Passed, approved and adopted this 16th day ofSeconded by Council Member Nicholson. Carried October, 1995.by the following vote: Yeas—Mayor Duggan, Terrance M. Duggan, MayorCouncil Members Kluesner, Krieg, Nicholson, Attest: Robbins, Voetberg. Nays—None. Mary A. Davis, City ClerkAbsent—Council Member Nagle. Council Member Voetberg moved adoption of the Resolution. Seconded by Council MemberProof of Publication certified to by the Kluesner. Carried by the following vote: Publisher on Notice of Public Hearing to consider Yeas—Mayor Duggan, Council Membersreclassifying property located at 1492 Delhi Street Kluesner, Krieg, Nicholson, Robbins, Voetberg.from R-2 to ID District and amending Conceptual Nays—None. Absent—Council Member Nagle. Development Plan, presented and read. Council Member Krieg moved that the proof be received Proof of Publication certified to by theand filed. Seconded by Council Member Publisher on Notice of Public Hearing to considerNicholson. Carried by the following vote: temporary suspension of parking regulations in a Yeas—Mayor Duggan, Council Members Residential Parking Permit District, and CityKluesner, Krieg, Nicholson, Robbins, Voetberg. Manager recommending approval of temporaryNays—None. Absent—Council Member Nagle. suspension, presented and read. Council MemberDavid Schaller of The Finley Hospital spoke Kluesner moved that the proof and communication requesting Council approval. be received and filed. Seconded by CouncilAn Ordinance Amending Zoning Map by Member Nicholson. Carried by the following vote:reclassifying property at 1492 Delhi Street from R- Yeas—Mayor Duggan, Council Members2 Two-Family Residential District to ID Kluesner, Krieg, Nicholson, Robbins, Voetberg.Institutional District and amending Ordinance No. Nays—None. Absent—Council Member Nagle.1-93 by approving an amended Conceptual Greg Orwell of the Colts Drum and BugleDevelopment Plan for the Finley Hospital ID Corp. stated that this would impact this area only Institutional District at 350 North Grandview Ave, twice a year. Pete Finger spoke opposing anyfirst & second readings given on 9-18, presented changes to the Ordinance. Sean Rupp requestedfor final action. more parking permits for the residents in this area. An Ordinance Amending Code of Ordinances (OFFICIAL PUBLICATION) by enacting a new Section 32-390.5 providing aORDINANCE NO. 65-95 procedure for the temporary suspension by the City AN ORDINANCE AMENDING APPENDIX Council of Parking Regulations contained in a A (THE ZONING ORDINANCE) OF THE Residential Parking Permit District, said CODE OF ORDINANCES OF THE CITY OF Ordinance having been presented and read at theDUBUQUE, IOWA, BY RECLASSIFYING Regular Session, October 16, 19958 e)Classrooms, laboratories, lecture halls, HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1492 DELHI STREET FROMand similar places of institutional R-2 TWO-FAMILY RESIDENTIALassembly. [45] DISTRICT TO ID INSTITUTIONALf)Facilities and operations for the diagnosis, care and treatment of human health DISTRICT AND AMENDING ORDINANCE 1-93 BY APPROVING AN AMENDEDdisorders, including examinations in CONCEPTUAL DEVELOPMENT PLANoperating rooms, physical therapy or x-ray facilities, psychiatric treatment, FOR THE FINLEY HOSPITAL ID convalescent care and similar hospital INSTITUTIONAL DISTRICT AT 350 NORTH GRANDVIEW AVENUE.related uses, but not to include NOW, THEREFORE, BE IT ORDAINED BYcommercial uses or uses listed as THE CITY COUNCIL OF THE CITY OFconditional or accessory uses for this DUBUQUE, IOWA:district. This provision shall include Section 1. That Appendix A (the Zoningseparate doctors clinics or other medical Ordinance) of the Dubuque Code of Ordinances befacilities not owned or operated by the amended by reclassifying hereinafter describedprincipal institution but functionally property from R-2 Two-Family Residentialrelated to the institution and included in District to ID Institutional District and amendingthe conceptual development plan. [36] Ordinance 1-93 by approving an amended2)Accessory uses. The following uses shall be conceptual development plan for The Finleypermitted as accessory uses in the above Hospital ID Institutional District at 350 Northdescribed ID Institutional District: Grandview Avenue, to wit:a)Restaurants or cafeterias, flower shops, Lot 2 and Lot 3 of Finley Home Addition, andgift shops, and candy, cigar or magazine to the center line of the adjoining public right-stands but only when operated or located of-way, all in the City of Dubuque, Iowa.entirely within a principal building. Section 2. That in order to accomplish theb)Facilities involved with compounding, purposes of the ID Institutional District of thedispensing, or sales of drugs or medicines, Zoning Ordinance of the City of Dubuque, Iowa,prosthetic devices, lotions or preparations, Ordinance No. 1-93 is hereby amended bybandages or dressings and similar medical approving the amended conceptual developmentor health related supplies. plan for The Finley Hospital, a copy of which isc)All uses customarily incidental to the attached to and made a part hereof, is herebyprincipal permitted use in conjunction adopted and approved for the following describedwith which such accessory use is operated property, to wit:or maintained, but not to include Lot 2 of Lot 1 of Lot 1 and Lot 1 of Lot 1 ofcommercial uses outside the principal Lot 1 in Finley Home Addition; Lot 2, Lot 3building. and Lot 18 in Finley Home Addition; Lot 1,B.Lot and Bulk Regulations. Lot 1 of Lot 2 and Lot 2 of Lot 2 ofDevelopment of land in the ID Institutional Grandview-Delhi Street Place; Lot 3 of Lot 2District shall be regulated as follows: of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of1)All building structures and activities shall be Lot 2; Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2located in conformance with the attached of Lot 2, Lot 2 of Lot 2 of Lot 2, Lot 2 of Lot 1conceptual development plan and all final site of Lot 1 of Lot 2 of Lot 2, and Lot 1 of Lot 1,development plans are to be approved in all in Boxleiter's Subdivision of Lot 1 ofaccordance with provisions of the ID Caroline Boxleiter's Subdivision of Mineral LotInstitutional District regulations. 160; Lot 1 and Lot 2 of Ramp Place in the CityC.Performance Standards. of Dubuque, Iowa. Doctor's Place; Lot 1 ofThe development and maintenance of uses in Lot 2 of Lot 2 of Mineral Lot 160; Lot 2 of Lotthis ID Institutional District shall be established 6, Lot 1 of Lot 6, Lot 1 of Lot 1 of Lot 7, Lot 2in conformance with Section 3-5.2 of the of Lot 7, and South 55 feet of Lot 5 all ofZoning Ordinance and the following standards: Sidonia Hosford's Subdivision and to the center1)Demolition of church, April 1996. line of the adjoining public right-of-way, all in2)Begin construction of parking lot, Spring the City of Dubuque, Iowa.1996. Section 3. That pursuant to Iowa Code Section3)Completion of parking lot, Summer/Fall 414.5(1993), and as an express condition of the1996. reclassification, the undersigned property ownerD.Open Space and Recreational Areas agrees to the following conditions, all of which theThose areas not designated on the conceptual property owner further agrees are reasonable anddevelopment plan for development shall be imposed to satisfy the public needs that are causedmaintained as open space, as defined by Section directly by the zoning reclassification:8 of the Zoning Ordinance by the property A.Use Regulations.owner and/or association. The following regulations shall apply to allE.Sign Regulations. uses made of land in the above described ID1)Signage permitted in this ID Institutional Institutional District:District shall be as follows: 1)Principal permitted uses shall be limited toa)9 free-standing signs with a maximum 50 a)Hospitals. [46]square feet per sign; b)Out-patient care facilities. [36]b)1 free-standing sign with a maximum 100 c)Offices for administrative personnel orsquare feet per sign; other institutional employees andc)22 wall-mounted signs with a maximum affiliates. [14]50 square feet per sign; d)Off-street parking and loading.d)1 wall-mounted sign with a maximum 100 square feet per sign; 9Regular Session, October 16, 1995 e)1 wall-mounted sign with a maximum ofby the following vote: Yeas—Mayor Duggan, 200 square feet;Council Members Kluesner, Krieg, Nicholson, f)directional signs, as needed, with aRobbins, Voetberg. Nays—None. maximum sign area of 10 square feet andAbsent—Council Member Nagle. 10 feet in height. E.Additional Standards.Proof of Publication certified to by the 1)The off-street parking requirement for thePublisher on Notice of Public Hearing to approve principal permitted uses for the hereinPhase II of the Comprehensive Plan of the City of described ID Institutional District shall beDubuque, communication of Ruth A. Clark shown on the attached amended conceptualrequesting inclusion of the Arts and Humanities development plan.segment in the Comprehensive Plan, and 2)The conceptual development plan shall be validcommunication of Housing Commission for a period of 3 years provided final siterequesting inclusion in the Comprehensive Plan development plans are submitted within tworequiring the use of housing impact reporting in years from the date of approval.the Housing Element, presented and read. Council 3)That all previously approved conceptualMember Kluesner moved that the proof and development plans are hereby amended tocommunications be received and filed. Seconded allow for the attached conceptual developmentby Council Member Nicholson. Carried by the plan.following vote: Yeas—Mayor Duggan, Council F.Transfer of OwnershipMembers Kluesner, Krieg, Nicholson, Robbins, Transfer of ownership or lease of property inVoetberg. Nays—None. Absent—Council this ID Institutional District shall include in theMember Nagle. transfer or lease agreement a provision that theAnna O'Shea, Chair of the Planning Comm., purchaser or lessee acknowledges awareness ofJim Giesen, Chair of the Housing Comm. and the conditions authorizing the establishment ofDavid Rusk of the Long Range Planning Comm. the district.spoke requesting Council to adopt the G.Reclassification of Subject Property. Comprehensive Plan. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the IDRESOLUTION NO. 357-95 Institutional District in accordance with SectionA RESOLUTION ADOPTING PHASE II OF 6 of the Zoning Ordinance if the property THE COMPREHENSIVE PLAN OF THE owner fail to complete any of the conditions ofCITY OF DUBUQUE, IOWA. this ordinance.Whereas, there has been filed with the City H.Modifications.Clerk Phase II of the Comprehensive Plan of the Any modifications of this Ordinance must beCity of Dubuque, Iowa; and approved by the City Council in accordanceWhereas, said plan has been examined by the with zoning reclassification proceedings ofLong Range Planning Commission and had its Section 6 of the Zoning Ordinance.approval endorsed thereon; and I.Recording.Whereas, said plan has been examined by the A copy of this ordinance shall be recorded atCity Council and they find it is compatible with the expense of the property owner(s) with theCity goals and ordinances; and Dubuque County Recorder as a permanentWhereas, the City Council concurs in the record of the conditions accepted as part of thisconditions of approval as established by the Long reclassification approval within ten (10) days ofRange Planning Commission and by the Section the adoption of this ordinance. This ordinance36-1 of the Code of Ordinances of the City of shall be binding upon the undersigned and allDubuque, Iowa. his/her heirs, successors and assignees.NOW THEREFORE, BE IT RESOLVED BY Section 4. That the foregoing amendment hasTHE CITY COUNCIL OF THE CITY OF heretofore been reviewed by the ZoningDUBUQUE, IOWA: Commission of the City of Dubuque, Iowa.That Phase II of the Comprehensive Plan is Section 5. That the foregoing amendment shallhereby accepted and approved, and the Mayor and take effect upon publication, as provided by law.City Clerk are hereby authorized and directed to Passed, approved and adopted this 16th day ofendorse the approval of the City of Dubuque, October, 1995.Iowa, upon said Phase II of the Comprehensive Terrance M. Duggan, MayorPlan. Attest:Passed, approved and adopted this 16th day of Mary A. Davis, City ClerkOctober, 1995. ACCEPTANCE OF ORDINANCE NO. 65-95Terrance M. Duggan, Mayor The Finley Hospital, property owner, havingAttest: read the terms and conditions of the foregoingMary A. Davis, City Clerk Ordinance No. 65-95 and being familiar with theCouncil Member Voetberg moved that the conditions thereof, hereby accept this same andResolution be amended to add element "having to agree to the conditions required therein.do with housing impact." Seconded by Council Dated in Dubuque, Iowa this 16th day ofMember Krieg. Vote on the motion was as October, 1995.follows: Yeas—Council Members Krieg, By /s/ Dave Schaller, Administrative DirectorVoetberg. Nays—Mayor Duggan, Council The Finley HospitalMembers Kluesner, Nicholson, Robbins. Absent—Council Member Nagle. MOTION Published officially in the Telegraph Herald this 20th day of October, 1995.FAILED. 1t 10/20Mary A. Davis CMC, City ClerkCouncil Member Kluesner moved adoption of Council Member Krieg moved finalthe Resolution. Seconded by Council Member Nicholson. Carried by the following vote: consideration and passage of the Ordinance. Seconded by Council Member Nicholson. CarriedYeas—Mayor Duggan, Council Members Regular Session, October 16, 199510 Kluesner, Krieg, Nicholson, Robbins, Voetberg.Dubuque County Recorder, the Iowa Department Nays—None. Absent—Council Member Nagle.of Transportation and the Secretary of State. Passed, approved and adopted this 16th day of City Manager submitting Fiscal Year 1997October, 1995. Policy Guidelines and requesting CouncilTerrance M. Duggan, Mayor adoption, presented and read. Council MemberAttest: Kluesner moved that the guidelines be receivedMary A. Davis, City Clerk and filed and approved. Seconded by CouncilCouncil Member Krieg moved adoption of the Member Robbins. Carried by the following vote:Resolution. Seconded by Council Member Yeas—Mayor Duggan, Council MembersNicholson. Carried by the following vote: Kluesner, Krieg, Nicholson, Robbins, Voetberg.Yeas—Mayor Duggan, Council Members Nays—None. Absent—Council Member Nagle.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. City Manager requesting City's Cable Franchise Administrator, Merrill Crawford, be appointed toCity Manager recommending no additional stop Local Telecommunications Council, presented andsigns be installed on Lincoln Ave., presented and read. Council Member Krieg moved that theread. Council Member Kluesner moved that this communication be received and filed and requestrecommendation be approved. Seconded by approved. Seconded by Council MemberCouncil Member Krieg. Vote on the motion was Nicholson. Carried by the following vote:as follows: Yeas—None. Nays—Mayor Duggan, Yeas—Mayor Duggan, Council MembersCouncil Members Kluesner, Krieg, Nicholson, Kluesner, Krieg, Nicholson, Robbins, Voetberg.Robbins, Voetberg. MOTION FAILED. Nays—None. Absent—Council Member Nagle.Council Member Robbins moved that a four- way stop be installed at Lincoln and Fengler. Martin J. McNamer and Nancy A. McNamerSeconded by Council Member Nicholson. Carried requesting voluntary annexation for propertyby the following vote: Yeas—Mayor Duggan, located South of North Cascade Road and East ofCouncil Members Krieg, Nicholson, Robbins, Tyra Lane and City Manager recommendingVoetberg. Nays—Council Member Kluesner. approval of annexation of property, presented andAbsent—Council Member Nagle. read. Council Member Krieg moved that the communications be received and filed. SecondedCity Manager recommending approval of final by Council Member Nicholson. Carried by theplat of South Glenn Estates located south of North following vote: Yeas—Mayor Duggan, CouncilCascade Road in Fremont Heights Subdivision, Members Kluesner, Krieg, Nicholson, Robbins,presented and read. Council Member Kluesner Voetberg. Nays—None. Absent—Councilmoved that the communication be received and Member Nagle.filed. Seconded by Council Member Robbins. Marty McNamer spoke requesting annexation.Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, RESOLUTION NO. 358-95Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION ANNEXING CERTAINAbsent—Council Member Nagle. REAL ESTATE TO THE CITY OF DUBUQUE, IOWA.RESOLUTION NO. 359-95 Whereas, Martin J. and Nancy McNamer, asA RESOLUTION APPROVING THE FINAL owners of an area approximately seven (7) acres inPLAT OF SOUTH GLENN ESTATES IN size lying immediately adjacent to the City of THE CITY OF DUBUQUE, IOWA. Dubuque, Iowa, have voluntarily petitioned for annexation of said territory to the City ofWhereas, there has been filed with the City Dubuque, as shown on the attached Exhibits A andClerk a final plat of South Glenn Estates in the B; andCity of Dubuque, Iowa; and Whereas, Chapter 368 of the Code of IowaWhereas, upon said final plat appears a street to authorizes the extension of City limits in situationsbe known as Bonnie Court, together with certain of this character by the adoption of a resolution;public utility and sewer easements which the andowners by said final plat have dedicated to the Whereas, the future growth and development ofpublic forever; and the City of Dubuque, Iowa, make it desirable thatWhereas, the preliminary plat has been said territory be made part of the City of Dubuque,examined by the Zoning Commission and had its Iowa.approval endorsed thereon; and NOW THEREFORE, BE IT RESOLVED BYWhereas, said final plat has been reviewed by THE CITY COUNCIL OF THE CITY OFthe City Planner and had her approval endorsed DUBUQUE, IOWA:thereon, subject to the owners agreeing to the Section 1. That the territorial limits of the Cityconditions noted in Section 2 below; and of Dubuque, Iowa, be and they are herebyWhereas, said final plat has been examined by extended to include the area comprising thethe City Council and they find that it conforms to following described real estate, to wit: Lot 1 of 1the statutes and ordinances relating to it, except and Lot 2 in Ohmert's Hilltop Farms, and to thethat no streets or public utilities have yet been center line of the abutting secondary road, Northconstructed or installed; and Cascade Road, all in T89N, R2E of the 5 P.M., inWhereas, the City Council concurs in the Dubuque County, Iowa.conditions of approval established by the Zoning Section 2. That the territory hereby annexedCommission and the City Planner. shall become a part of the First Ward, ThirdNOW THEREFORE, BE IT RESOLVED BY Precinct of the City of Dubuque, Iowa.THE CITY COUNCIL OF THE CITY OF Section 3. That the City Clerk shall file thisDUBUQUE, IOWA: Resolution and attached Exhibits A and B with the 11Regular Session, October 16, 1995 Section 1. That the dedications of Bonnieimprovements have been completed in accordance Court (Lot A) and North Cascade Road (Lot B),with the improvement plans and City standard together with the easements for public utilities,specifications and acceptance by City Council sanitary sewer, storm sewer and water mains asresolution. they appear upon said final plat, be and the sameSection 6. That in the event Martin and Nancy are hereby accepted; andMcNamer shall fail to execute the acceptance and Section 2. That the plat of South Glenn Estatesfurnish the guarantees provided in Section 2 hereof is hereby approved and the Mayor and City Clerkwithin 45 days after the date of this Resolution, the are hereby authorized and directed to endorse theprovisions hereof shall be null and void and the approval of the City of Dubuque, Iowa, upon saidacceptance of the dedication and approval of the final plat, provided the owners of said propertyplat shall not be effective. herein named, execute their written acceptancePassed, approved and adopted this 16th day of hereto attached agreeing:October, 1995. a.To reduce Bonnie Court (Lot A) to grade andTerrance M. Duggan, Mayor to construct concrete curb and gutter and toAttest: hard surface with asphaltic concrete, or withMary A. Davis, City Clerk concrete paving with integral curb, all inACCEPTANCE OF RESOLUTION accordance with the City of Dubuque standardNO. 359-95 specifications, all in a manner acceptable to theWe, the undersigned, Martin and Nancy City Engineer, and in conformance withMcNamer, having read the terms and conditions of construction improvement plans approved bythe Resolution No. 359-95 and being familiar with the City Engineer, and inspected by the Citythe conditions thereof, hereby accept this same and Engineer.agree to the conditions required therein. b.To install sanitary sewer mains and sewerDated in Dubuque, Iowa this 1st day of service laterals into each individual lot, waterNovember, 1995. mains and water service laterals into eachBy /s/ Martin McNamer individual lot, storm sewers and catch basins,By /s/ Nancy McNamer boulevard street lighting and erosion controlTo: Mary A. Davis, City Clerk devices all in accordance with the City ofThis is to certify that the necessary security for Dubuque standard specifications, all in athe foregoing Resolution No. 359-95 has been manner acceptable to the City Engineer, and inproperly filed. accordance with construction improvementDated at Dubuque, Iowa this 20th day of plans approved by the City Engineer, andNovember, 1995. inspected by the City Engineer.Michael C. Van Milligen c.To construct said improvements, prior to twoCity Manager years from the date of acceptance of thisCouncil Member Kluesner moved adoption of resolution, at the sole expense of the owners, orthe Resolution. Seconded by Council Member future owners; Robbins. Carried by the following vote: d.To maintain the public improvements, for aYeas—Mayor Duggan, Council Members period of two (2) years from the date of theKluesner, Krieg, Nicholson, Robbins, Voetberg. acceptance of those improvements by the CityNays—None. Absent—Council Member Nagle. of Dubuque, Iowa, at the sole expense of the owners,, or future owners;RESOLUTION NO. 360-95 And further provided that said Martin andNOW, THEREFORE, BE IT RESOLVED BY Nancy McNamer, as owners of said property, shallTHE CITY COUNCIL OF THE CITY OF secure the performance of the foregoing conditionsDUBUQUE, IOWA: provided in this Section by providing guarantees inThat the following having complied with the such form and with such sureties as may beprovisions of law relating to the sale acceptable to the City Manager of the City ofof Cigarettes within the City of Dubuque, Iowa, be Dubuque, Iowa.granted a permit to sell Cigarettes and Cigarette Section 3. Sidewalk installation shall be thePapers within said City. responsibility of the owner of the property abutting5 - Point Mart5 - Point Mart Inc. the public right-of-way, as required by City Code405 Rhomberg 41-161 through 41-164. The responsibility shallPassed, approved and adopted this 16th day of extend to all successors, heirs and assignees.October, 1995. Sidewalk installation will not be required until theTerrance M. Duggan, Mayor development of the lot has been completed, exceptAttest: as required herein. In sparsely developedMary A. Davis, City Clerk subdivisions, sidewalks on developed lots will notCouncil Member Nicholson moved adoption of be required until 50% of the lots approved by thethe Resolution. Seconded by Council Member plat have been developed. All vacant lots shallRobbins. Carried by the following vote: have sidewalks installed upon development of 80%Yeas—Mayor Duggan, Council Members of the lots approved by the plat.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Section 4. That Martin and Nancy McNamerNays—None. Absent—Council Member Nagle. will form a property owner's association to assume ownership and maintenance responsibility for theRESOLUTION NO. 361-95 stormwater detention which is located outside theWhereas, applications for Beer Permits have right-of-way of public streets and located on landbeen submitted and filed to this Council for owned by the above mentioned which is located inapproval and the same have been examined and the County of Dubuque, Iowa.approved; and Section 5. That final acceptance of all publicWhereas, the premises to be occupied by such improvements shall occur upon certification of theapplicants were inspected and found to comply City Engineer to the City Council that all public Regular Session, October 16, 199512 with the Ordinances of this City and have filedMary A. Davis, City Clerk proper bonds.Council Member Nicholson moved adoption of NOW, THEREFORE, BE IT RESOLVED BYthe Resolution. Seconded by Council Member THE CITY COUNCIL OF THE CITY OFRobbins. Carried by the following vote: DUBUQUE, IOWA:Yeas—Mayor Duggan, Council Members That the Manager be authorized to cause to beKluesner, Krieg, Nicholson, Robbins, Voetberg. issued the following named applicants a BeerNays—None. Absent—Council Member Nagle. Permit. CLASS "B" BEER PERMITZoning Commission advising of their approval Riegel Corp.Godfather's Pizzato reclassify property at 1670 J.F. Kennedy Road +(Sunday Sales)1757 JFKfrom R-1 to C-3 District (Steve Selchert), J&P O'Hara Inc.presented and read. Council Member Kluesner Happy Joes Pizza/Ice Creammoved that the communication be received and +(Sunday Sales)855 Centuryfiled. Seconded by Council Member Robbins. CLASS "C" BEER PERMITCarried by the following vote: Yeas—Mayor Mulgrew Oil Co.Plaza 20 Amoco FoodshopDuggan, Council Members Kluesner, Krieg, +(Sunday Sales)2600 DodgeNicholson, Robbins, Voetberg. Nays—None. 5-Point Mart Inc.5-Point MartAbsent—Council Member Nagle. +(Sunday Sales)405 Rhomberg CLASS "BE" BEER PERMITAn Ordinance Amending Zoning Map by Eagle Food CenterEagle Food Center #018reclassifying property located at 1670 J. F. +(Sunday Sales)300 S LocustKennedy Road from R-1 Single-Family Eagle Food CenterEagle Food Center #320Residential District to C-3 General Commercial +(Sunday Sales)2050 JFKDistrict, presented and read. Council Member Eagle Food CenterEagle Food Center #130Kluesner moved that the requirement that a +(Sunday Sales)1800 Elm Stproposed Ordinance be considered and voted on Passed, approved and adopted this 16th day offor passage at two Council Meetings prior to the October,1995meeting at which it is to be finally passed be Terrance M. Duggan, Mayorsuspended. Seconded by Council Member Attest:Robbins. Carried by the following vote: Mary A Davis, City ClerkYeas—Mayor Duggan, Council Members Council Member Nicholson moved adoption ofKluesner, Krieg, Nicholson, Robbins, Voetberg. the Resolution. Seconded by Council MemberNays—None. Absent—Council Member Nagle. Robbins. Carried by the following vote:Council Member Kluesner moved that a Public Yeas—Mayor Duggan, Council MembersHearing be held on the proposed Ordinance on the Kluesner, Krieg, Nicholson, Robbins, Voetberg.6th day of November, 1995, at 7:00 o'clock p.m. Nays—None. Absent—Council Member Nagle.at the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Carried by the following vote: RESOLUTION NO. 362-95Yeas—Mayor Duggan, Council Members Whereas, applications for Liquor Licenses haveKluesner, Krieg, Nicholson, Robbins, Voetberg. been submitted to this Council forNays—None. Absent—Council Member Nagle. approval and the same have been examined and approved; andZoning Commission advising of their approval Whereas, the premises to be occupied by suchto reclassify property located east of Ideal Lane applicants were inspected and found tofrom AG to R-1 District, presented and read. comply with the State Laws and all CityCouncil Member Kluesner moved that the Ordinances relevant thereto and they have filedcommunication be received and filed. Seconded proper bonds.by Council Member Robbins. Carried by the NOW, THEREFORE, BE IT RESOLVED BYfollowing vote: Yeas—Mayor Duggan, Council THE CITY COUNCIL OF THE CITY OFMembers Kluesner, Krieg, Nicholson, Robbins, DUBUQUE, IOWA:Voetberg. Nays—None. Absent—Council That the Manager be authorized to cause to beMember Nagle. issued the following named applicants a Liquor License.An Ordinance Amending Zoning Map by CLASS "B" (HOTEL/MOTEL)reclassifying property located East of Ideal Lane BEER & LIQUOR LICENSEfrom AG Agricultural District to R-1 Single- Bette HellingFamily Residential District, presented and read. Dodge House Motel & Restr.Council Member Kluesner moved that the 701 Dodge STrequirement that a proposed Ordinance be CLASS "C" (COMMERCIAL)considered and voted on for passage at two BEER & LIQUOR LICENSECouncil Meetings prior to the meeting at which it DMA Corp.Rainbow Loungeis to be finally passed be suspended. Seconded by +(Sunday Sales)36 W. 4th StCouncil Member Robbins. Carried by the Dog Gone Inc.Dog House Loungefollowing vote: Yeas—Mayor Duggan, Council +(Sunday Sales)1646 Asbury RdMembers Kluesner, Krieg, Nicholson, Robbins, Nelda BennettOld ShangVoetberg. Nays—None. Absent—Council +(Sunday Sales)1091 Main StMember Nagle. Council Member Kluesner moved Passed, approved and adopted this 16th day ofthat a Public Hearing be held on the proposed October, 1995Ordinance on the 6th day of November, 1995, at Terrance M. Duggan, Mayor7:00 o'clock p.m. at the Public Library Auditorium Attest:and that the City Clerk be directed to publish 13Regular Session, October 16, 1995 notice in the manner prescribed by law. SecondedWhereas, the Iowa Department of by Council Member Robbins. Carried by theTransportation has prepared and submitted to the following vote: Yeas—Mayor Duggan, CouncilCity Council for approval a Project Agreement Members Kluesner, Krieg, Nicholson, Robbins,relating to cost participation in the construction of Voetberg. Nays—None. Absent—Councilsaid traffic signals; and Member Nagle.Whereas, the City of Dubuque approves the terms and conditions of said Project Agreement. Zoning Commission advising of their denial ofNOW, THEREFORE, BE IT RESOLVED BY a text amendment to the Zoning OrdinanceTHE CITY COUNCIL OF THE CITY OF providing for the definition of "Convent" toDUBUQUE, IOWA: Section 8 and Attorney Brendan Quann, on behalfSection 1. That Agreement No. UST-32- of the Sisters of Charity of the Blessed Virgin1(6)—4a-31 consisting of an agreement providing Mary, requesting a public hearing be set on thisfor I.D.O.T. participation in the construction of matter, presented and read. Council Membertraffic signals at the intersection of the Northwest Voetberg moved that the communications beArterial (Iowa 32) and Asbury Road be approved. received and filed. Seconded by Council MemberSection 2. That the Mayor be authorized and Nicholson. Carried by the following vote:directed to execute two copies of this Project Yeas—Mayor Duggan, Council MembersAgreement and forward the executed copies to the Kluesner, Krieg, Nicholson, Robbins, Voetberg.Iowa Department of Transportation for their Nays—None. Absent—Council Member Nagle.approval. Sister Dolores McHugh, BVM, spokePassed, approved and adopted this 16th day of requesting a public hearing on this matter.October, 1995. An Ordinance Amending Zoning Ordinance byTerrance M. Duggan, Mayor adding the definition of the word "Convent" toAttest: Section 8, Definitions, presented and read.Mary A. Davis, City Clerk Council Member Voetberg moved that theCouncil Member Voetberg moved adoption of requirement that a proposed Ordinance bethe Resolution. Seconded by Council Member considered and voted on for passage at twoRobbins. Carried by the following vote: Council Meetings prior to the meeting at which itYeas—Mayor Duggan, Council Members is to be finally passed be suspended. Seconded byKluesner, Krieg, Nicholson, Robbins, Voetberg. Council Member Nicholson. Carried by theNays—None. Absent—Council Member Nagle. following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins,RESOLUTION NO. 364-95 Voetberg. Nays—None. Absent—Council PRELIMINARY APPROVAL OF Member Nagle. Council Member Voetberg moved PLANS AND SPECIFICATIONS that a Public Hearing be held on the proposedNOW THEREFORE, BE IT RESOLVED BY Ordinance on the 18th day of December, 1995, atTHE CITY COUNCIL OF THE CITY OF 7:00 o'clock p.m. at the Public Library AuditoriumDUBUQUE, IOWA: and that the City Clerk be directed to publishThat the proposed plans, specifications, form of notice in the manner prescribed by law. Secondedcontract and estimated cost for the Traffic Signal by Council Member Nicholson. Carried by theInstallation and Turn Lane at Asbury Road and following vote: Yeas—Mayor Duggan, CouncilNorthwest Arterial Intersection in the estimated Members Kluesner, Krieg, Nicholson, Robbins,amount of $69,217.33, are hereby approved and Voetberg. Nays—None. Absent—Councilordered filed in the office of the City Clerk for Member Nagle.public inspection. Passed, adopted and approved this 16th day of City Manager submitting documents providingOctober, 1995. for the bidding process for the installation of trafficTerrance M. Duggan, Mayor signals at the intersection of the Northwest ArterialAttest: and Asbury Road, presented and read. CouncilMary A. Davis, City Clerk Member Voetberg moved that the communicationCouncil Member Voetberg moved adoption of be received and filed. Seconded by Councilthe Resolution. Seconded by Council Member Member Robbins. Carried by the following vote:Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg.Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle.Nays—None. Absent—Council Member Nagle. RESOLUTION NO. 363-95RESOLUTION NO. 365-95 RESOLUTION APPROVING A PROJECTFIXING DATE OF HEARING ON AGREEMENT WITH THE IOWAPLANS AND SPECIFICATIONS DEPARTMENT OF TRANSPORTATIONWhereas, the City Council of the City of RELATING TO THE CONSTRUCTION OFDubuque, Iowa has given its preliminary approval TRAFFIC SIGNALS AT THEon the proposed plans, specifications, and form of contract and placed same on file in the office of the INTERSECTION OF THE NORTHWEST ARTERIAL (IOWA 32)AND ASBURYCity Clerk for public inspection of the Traffic ROADSignal Installation and Turn Lane at Asbury Road Whereas, the City of Dubuque has developedand Northwest Arterial Intersection. plans for the construction of the traffic signals atNOW THEREFORE, BE IT RESOLVED BY the Northwest Arterial and Asbury Road; andTHE CITY COUNCIL OF THE CITY OF Whereas, the Iowa Department ofDUBUQUE, IOWA: Transportation is proposing to fund a portion of theThat on the 6th day of November, 1995, a construction cost; andpublic hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time Regular Session, October 16, 199514 interested persons may appear and be heard for or RESOLUTION NO. 367-95 against the proposed plans and specifications, formRESOLUTION OF INTENT TO DISPOSE of contract and cost of said improvement, and theOF INTEREST AND RELEASE 10 FEET OF City Clerk be and is hereby directed to cause aAN EXISTING 30 FOOT WIDE UTILITY notice of time and place of such hearing to be EASEMENT ON LOT 2C IN BLOCK 10 OF published in a newspaper having generalDUBUQUE HARBOR COMPANY'S circulation in the City of Dubuque, Iowa, whichADDITION IN THE CITY OF DUBUQUE, notice shall be not less than four days nor more IOWA than twenty days prior to the day fixed for itsWhereas, Restaurant Group of Iowa is the consideration. At the hearing, any interestedcurrent owner of Lot 2C in Block 10 of Dubuque person may appear and file objections to theHarbor Company's Addition in the City of proposed plans, specifications, contract, orDubuque, Iowa; and estimated cost of the improvement.Whereas, a 30 foot wide utility easement is Passed, adopted and approved this 16th day ofcurrently platted on said lot; and October, 1995.Whereas, Restaurant Group of Iowa has Terrance M. Duggan, Mayorpetitioned to vacate a 10 foot wide portion of said Attest:30 foot wide utility easement in said lot. Mary A. Davis, City ClerkNOW, THEREFORE, BE IT RESOLVED BY Council Member Voetberg moved adoption ofTHE CITY COUNCIL OF THE CITY OF the Resolution. Seconded by Council MemberDUBUQUE, IOWA: Robbins. Carried by the following vote:Section 1. That the City of Dubuque, Iowa Yeas—Mayor Duggan, Council Membersintends to dispose of its interest and release 10 feet Kluesner, Krieg, Nicholson, Robbins, Voetberg.of an existing 30 foot wide utility easement on Lot Nays—None. Absent—Council Member Nagle.2C in Block 10 of Dubuque Harbor Company's Addition in the City of Dubuque, Iowa. RESOLUTION NO. 366-95Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BYpublished as prescribed under Section 364.7 Code THE COUNCIL OF THE CITY OF DUBUQUE,of Iowa, 1995 or amended. IOWA:Passed, approved and adopted this 16th day of That the Traffic Signal Installation and TurnOctober, 1995. Lane at Asbury Road and Northwest ArterialTerrance M. Duggan, Mayor Intersection is hereby ordered to be advertised forAttest: bids for construction.Mary A. Davis, City Clerk BE IT FURTHER RESOLVED, that theCouncil Member Kluesner moved adoption of amount of the security to accompany each bid shallthe Resolution and that the matter be set for Public be in an amount which shall conform to theHearing on 11-6-95 at 7:00 p.m. in the Public provisions of the notice to bidders hereby approvedLibrary Auditorium and that the City Clerk as a part of the plans and specifications heretoforepublish notice in the manner prescribed by law. adopted.Seconded by Council Member Robbins. Carried That the City Clerk is hereby directed toby the following vote: Yeas—Mayor Duggan, advertise for bids for the construction of theCouncil Members Kluesner, Krieg, Nicholson, improvements herein provided, to be published inRobbins, Voetberg. Nays—None. a newspaper having general circulation in the CityAbsent—Council Member Nagle. of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior toCity Manager requesting public hearing be set the receipt of said bids at 2:00 p.m. on the 26thfor November 6, 1995 on proposed amendment to day of October, 1995. Bids shall be opened andthe Final Statement of Community Development read by the City Clerk at said time and will beObjectives and Projected Use of Funds for FY'95, submitted to the Council for final action at 7:00presented and read. Council Member Krieg moved p.m. on the 6th day of November, 1995.that the communication be received and filed and Passed, adopted and approved this 16th day ofapproved Public Hearing be set for 11-6-95 at October, 1995.7:00 p.m. in the Public Library Auditorium and Terrance M. Duggan, Mayorthat the City Clerk publish notice in the manner Attest:prescribed by law. Seconded by Council Member Mary A. Davis, City ClerkNicholson. Carried by the following vote: Council Member Voetberg moved adoption ofYeas—Mayor Duggan, Council Members the Resolution. Seconded by Council MemberKluesner, Krieg, Nicholson, Robbins, Voetberg. Robbins. Carried by the following vote:Nays—None. Absent—Council Member Nagle. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle.At 9:10 p.m., Council Member Voetberg moved to go into Closed Session In accordance City Manager recommending a public hearingwith Chapter 21.5 1.(c) to Discuss strategy with be set for November 6, 1995 to consider vacatingcounsel in matters where litigation is imminent and a utility easement, presented and read. Councilin accordance with Chapter 21.5 1.(j) to discuss Member Kluesner moved that the communicationthe purchase of particular real estate where be received and filed. Seconded by Councilpremature disclosure could be reasonably expected Member Robbins. Carried by the following vote:to increase the price the governmental body would Yeas—Mayor Duggan, Council Membershave to pay for that property. Seconded by Kluesner, Krieg, Nicholson, Robbins, Voetberg.Council Member Nicholson. Carried by the Nays—None. Absent—Council Member Nagle.following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, 15Regular Session, October 16, 1995 Voetberg. Nays—None. Absent—Council Member Nagle. Council reconvened Regular Session at 10:18 p.m. stating staff was given direction. There being no further business, Council Member Kluesner moved to adjourn. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Nagle. Meeting adjourned at 10:19 p.m. Mary A. Davis CMC City Clerk Approved_____________________, 1996. Adopted _____________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk