1995 November Council ProceedingsBoard of Health, November 6, 19952
Section 2. The City of Dubuque Board of
Health encourages health care professionals and
CITY OF DUBUQUE
agencies within the community to strive to reach
the goals of Healthy Dubuque 2000.
Passed, approved and adopted this 6th day of
BOARD OF HEALTH
November, 1995.
Dirk N. Voetberg, Vice Chairperson, Board of
Health
QUARTERLY
Attest:
MEETING
Mary A. Davis, City Clerk
Board Member Nicholson moved adoption of
the Board of Health Resolution. Seconded by
Special Board of Health Meeting, Monday,
Board Member Kluesner. Carried by the following
November 6, 1995
vote: Yeas—Vice Chairperson Voetberg, Board
Board met at 6:50 p.m., Public Library
Members Kluesner, Krieg, Nicholson.
Auditorium.
Nays—None. Absent—Chairperson Duggan,
Present: Vice-Chairperson Voetberg, Board
Board Member Nagle.
Members Kluesner, Krieg, Nicholson, Robbins.
Absent: Chairperson Duggan, Board Member
There being no further business, Board Member
Nagle. Board Member Robbins entered at 6:52
Nicholson moved to adjourn. Seconded by Board
p.m.
Member Krieg. Carried by the following vote:
Yeas—Vice Chairperson Voetberg, Board
Vice Chairperson Voetberg read the call and
Members Kluesner, Krieg, Nicholson.
stated this is a Special Session of the Board of
Nays—None. Absent—Chairperson Duggan,
Health called for the purpose to act upon such
Board Member Nagle. The Board of Health
business which may properly come before the
Meeting adjourned at 6:57 p.m.
Board.
Mary A. Davis CMC
City Manager recommending approval of
Secretary, Board of Health
Healthy Dubuque 2000 plan, presented and read.
Board Member Nicholson moved that the
communication be received and filed. Seconded
by Board Member Kluesner. Carried by the
following vote: Yeas—Vice Chairperson
Voetberg, Board Members Kluesner, Krieg,
Nicholson. Nays—None. Absent—Chairperson
Duggan, Board Member Nagle.
BOARD OF HEALTH
RESOLUTION NO. 1-95
A RESOLUTION SUPPORTING HEALTHY
DUBUQUE 2000, A COMMUNITY-BASED
PLAN FOR HEALTH PROMOTION AND
DISEASE PREVENTION FOR THE
CITIZENS OF DUBUQUE FOR THE YEAR
2000.
Whereas, the U.S. Public Health Service has
developed Healthy People 2000 for the nation, and
the Iowa Department of Public Health has
developed Healthy Iowans 2000 for the state, and
both have encouraged local boards of health to
develop health plans for their own communities;
and
Whereas, the City of Dubuque has worked with
the County Board of Health, the Tri-State Health
C.A.R.E. Coalition, Mercy Health Center, and
Finley Hospital to develop a Healthy Dubuque
2000 Plan.
Whereas, the Plan was formed through
community-based participation, surveys, and input
Approved ______________________, 1996.
from citizens and professionals in the health and
social fields; and
Whereas, the City of Dubuque Board of HealthAdopted _______________________, 1996.
encourages health care providers in Dubuque
County to collectively work towards the goals in
the Healthy Dubuque 2000 Plan.
____________________________________
NOW THEREFORE, BE IT RESOLVED BY
Chairperson
THE CITY OF DUBUQUE, IOWA BOARD OF
HEALTH:
Section 1. That the City of Dubuque, Iowa
____________________________________
Board of Health supports the Healthy Dubuque
2000 Plan.
____________________________________
3Board of Health, November 6, 1995
____________________________________
____________________________________
____________________________________
____________________________________
Board Members
Attest:
____________________________________
City Clerk
Regular Session, November 6, 19954
NOTICES OF CLAIMS/SUITS — Brent
Brown in amount of $249.00 for personal injuries;
DUBUQUE
Jack Frain in amount of $251.00 for personal
injuries; Karla Gabriel in amount of $219.50 for
personal injuries; Debra Hauber in amount of
CITY COUNCIL
$113.00 for personal injuries; Amy Hird in
amount of $61.80 for personal injuries; Tony &
Melinda Kramer in unknown amount for personal
OFFICIAL
injuries; Robert Schiel in amount of $194.68 for
vehicle damages, presented and read. Council
PROCEEDINGS
Member Kluesner moved that the claims be
referred to the Legal Staff for investigation and
report. Seconded by Council Member Robbins.
Regular Session, Monday, November 6, 1995
Carried by the following vote: Yeas—Mayor Pro-
Council Met at 7:00 p.m., Public Library
Tem Voetberg, Council Members Kluesner, Krieg,
Auditorium.
Nicholson, Robbins. Nays—None.
Present: Council Members Kluesner, Krieg,
Absent—Mayor Duggan, Council Member Nagle.
Nicholson, Robbins, Voetberg, City Manager
Michael Van Milligen, Assistant City Attorney
Corporation Counsel advising following claims
James O'Brien.
have been referred to Crawford & Company, the
Absent: Mayor Duggan, Council Member
agent for the Iowa Communities Assurance Pool:
Nagle.
Property damage of Neil E. Kelley; Personal injury
of Tricia Tiedt, presented and read. Council
Mayor Pro-Tem Voetberg read the call and
Member Kluesner moved that the communication
stated this is the Regular Session of the City
be received and filed. Seconded by Council
Council called for the purpose to act upon such
Member Robbins. Carried by the following vote:
business which may properly come before the
Yeas—Mayor Pro-Tem Voetberg, Council
Council.
Members Kluesner, Krieg, Nicholson, Robbins.
Nays—None. Absent—Mayor Duggan, Council
Invocation was given by Rev. Woody
Member Nagle.
Allabough, Pastor of the Third Presbyterian
Church.
Corporation Counsel recommending settlement
of car damage claim of Cathy Bowman in amount
PROCLAMATIONS — Nov. 5-11 as "Key
of $304.68 and authorizing payment be made by
Club Week" received by representatives of the
Finance Director, presented and read. Council
three high schools; Nov. 6-12 as "Youth
Member Kluesner moved that the communication
Appreciation Week" received by Bill Funke, Pres.
be received and filed and approved settlement.
of the Morning Optimists and representatives of
Seconded by Council Member Robbins. Carried
the Noon and Evening Optimists Club.
by the following vote: Yeas—Mayor Pro-Tem
Voetberg, Council Members Kluesner, Krieg,
MINUTES SUBMITTED — Cable TV
Nicholson, Robbins. Nays—None.
Regulatory Commission of 10-12; Citizens with
Absent—Mayor Duggan, Council Member Nagle.
Disabilities Parking Review Committee of 10-10;
Civil Service Commission of 8-30; Five Flags
Corporation Counsel recommending denial of
Commission of 10-23; Housing Code Appeals
following claims: property damage of Mary J.
Board of 9-19 & 10-17; Housing Commission
Anthony; property damage of Rose Brandenburg,
Trust Fund Committee of 10-26; Human Rights
presented and read. Council Member Kluesner
Commission of 9-11; Library Board of Trustees of
moved that the communication be received and
9-28; Transit Trustee Board of 9-14; Zoning
filed. Seconded by Council Member Robbins.
Board of Adjustment of 10-26, presented and read.
Carried by the following vote: Yeas—Mayor Pro-
Council Member Kluesner moved that the minutes
Tem Voetberg, Council Members Kluesner, Krieg,
be received and filed. Seconded by Council
Nicholson, Robbins. Nays—None.
Member Robbins. Carried by the following vote:
Absent—Mayor Duggan, Council Member Nagle.
Yeas—Mayor Pro-Tem Voetberg, Council
Members Kluesner, Krieg, Nicholson, Robbins.
Proof of Publication certified to by the
Nays—None. Absent—Mayor Duggan, Council
Publisher on Combined Public Notices on Finding
Member Nagle.
of No Significant Effects on the Environment for
Davis Ave. Sanitary Sewer Extension and Site
GDDC submitting their quarterly report;
preparation for Habitat for Humanity, presented
Substance Abuse Services Center submitting their
and read. Council Member Kluesner moved that
quarterly report; Proof of Publication on printed
the proof be received and filed. Seconded by
Council Proceedings for 10-2-95; Finance
Council Member Robbins. Carried by the
Director submitting financial reports for
following vote: Yeas—Mayor Pro-Tem Voetberg,
September, 1995, presented and read. Council
Council Members Kluesner, Krieg, Nicholson,
Member Kluesner moved that the report be
Robbins. Nays—None. Absent—Mayor Duggan,
received and filed. Seconded by Council Member
Council Member Nagle.
Robbins. Carried by the following vote:
Yeas—Mayor Pro-Tem Voetberg, Council
Dubuque County Board of Supervisors
Members Kluesner, Krieg, Nicholson, Robbins.
submitting "Abstract of Votes" for City Primary
Nays—None. Absent—Mayor Duggan, Council
election held on the 10th day of October, 1995,
Member Nagle.
presented and read. Council Member Kluesner
5Regular Session, November 6, 1995
moved that the Abstract of Votes be received andDirk N. Voetberg, Mayor Pro-Tem
filed. Seconded by Council Member Robbins.Attest:
Carried by the following vote: Yeas—Mayor Pro-Mary A. Davis, City Clerk
Tem Voetberg, Council Members Kluesner, Krieg,Council Member Kluesner moved adoption of
Nicholson, Robbins. Nays—None.the Resolution. Seconded by Council Member
Absent—Mayor Duggan, Council Member Nagle.Robbins. Carried by the following vote:
Yeas—Mayor Pro-Tem Voetberg, Council
Mark Wirtz expressing his "Thanks" to serve asMembers Kluesner, Krieg, Nicholson, Robbins.
Legal Intern for the City this past summer withNays—None. Absent—Mayor Duggan, Council
Bill Blum and Barry Lindahl, presented and read.Member Nagle.
Council Member Kluesner moved that the
communication be received and filed. SecondedCity Manager recommending acceptance of
by Council Member Robbins. Carried by theWarranty Deed for property deeded from the State
following vote: Yeas—Mayor Pro-Tem Voetberg,of Iowa, presented and read. Council Member
Council Members Kluesner, Krieg, Nicholson,Kluesner moved that the communication be
Robbins. Nays—None. Absent—Mayor Duggan,received and filed. Seconded by Council Member
Council Member Nagle.Robbins. Carried by the following vote:
Yeas—Mayor Pro-Tem Voetberg, Council
City Manager requesting non-substantialMembers Kluesner, Krieg, Nicholson, Robbins.
amendment to final statement for FY'95, presentedNays—None. Absent—Mayor Duggan, Council
and read. Council Member Kluesner moved thatMember Nagle.
the communication be received and filed.
Seconded by Council Member Robbins. Carried
RESOLUTION NO. 369-95
by the following vote: Yeas—Mayor Pro-TemRESOLUTION ACCEPTING
Voetberg, Council Members Kluesner, Krieg,CONVEYANCE OF A PARCEL OF LAND
Nicholson, Robbins. Nays—None.LOCATED IN LOT 1 OF LOT 44 IN
Absent—Mayor Duggan, Council Member Nagle.
BABCOCK'S ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA,
RESOLUTION NO. 368-95AS SHOWN ON RIGHT-OF-WAY PLAT
RESOLUTION APPROVING A NON-EXHIBIT "A" ATTACHED HERETO
Whereas, the City of Dubuque, in consideration
SUBSTANTIAL AMENDMENT TO THE
FINAL STATEMENT OF COMMUNITYof mutual benefit, is desirous of obtaining a parcel
DEVELOPMENT OBJECTIVES ANDof land located in Lot 1 of Lot 44 in Babcock's
Addition in the City of Dubuque, Dubuque
PROJECTED USE OF FUNDS FOR THE
County, Iowa, as shown on right-of-way plat
COMMUNITY DEVELOPMENT BLOCK
GRANT 20TH PROGRAM YEAR (FISCALExhibit "A" attached hereto; and
YEAR 1995)Whereas, the State of Iowa has executed a
Whereas, the City of Dubuque prepared andWarranty Deed conveying said right-of-way to the
filed a Final Statement of CommunityCity of Dubuque, Iowa.
Development Objectives and Projected Use ofNOW, THEREFORE, BE IT RESOLVED BY
Funds for the Community Development BlockTHE CITY COUNCIL OF THE CITY OF
Grant 20th Program Year ("Statement") on orDUBUQUE, IOWA:
before June 1, 1994; andSection 1. That the City Council of the City of
Whereas, the City of Dubuque now desires toDubuque, Iowa hereby approves of, accepts and
amend said Statement to transfer up to $25,000consents to the Warranty Deed from the Iowa
from one activity to another activity; andDepartment of Transportation conveying a parcel
Whereas, said amendment is a non-substantialof land located in Lot 1 of Lot 44 in the City of
amendment as provided in the City's citizenDubuque, Dubuque County, Iowa as shown on
participation plan and must therefore be approvedright-of-way plat Exhibit "A" attached hereto and
by resolution of the City Council after review andby reference made a part hereof. Said parcel is
recommendation by the Community Developmentmore particularly described is as follows:
Commission; andBeginning at the NW'erly Corner of Lot 1 of
Whereas, the Community DevelopmentLot 44 of said Babcock's Addition; thence
Commission reviewed the proposed amendment atS72E32 3/4'E, 14.08 ft., along the north line of
a special meeting on October 31, 1995, and hassaid Lot 1 of Lot 44; thence southwesterly
voted to approve said amendment and to35.16 ft. along a 367.64 foot radius curve,
recommend its approval by the City Council.concave southeasterly and having a chord
NOW THEREFORE, BE IT RESOLVED BYbearing S55E31 1/2'W, 35.15 ft.; thence
THE CITY COUNCIL OF THE CITY OFS83E14 1/4'W, 10.96 ft., to a point on the west
DUBUQUE, IOWA:line of said Lot 1 of Lot 44; thence N46E07
Section 1. That the Final Statement of1/2'E, 36.66 ft., along said west line, to the
Community Development Objectives andPoint of Beginning; containing 306 square feet,
Projected Use of Funds for the Communitymore or less.
Development Block Grant 20th Program Year isSection 2. That the City Clerk be and is hereby
hereby amended by transferring $25,000 from theauthorized and directed to file a copy of this
Single-Unit Rehab Loan Program to OperationResolution in the offices of the Recorder in and for
Upkeep.Dubuque County, Iowa.
Section 2. That the City Manager is herebyPassed, approved and adopted this 6th day of
authorized and directed to submit a copy of thisNovember, 1995.
resolution to the U.S. Department of Housing andDirk N. Voetberg, Mayor Pro-Tem
Urban Development.Attest:
Passed, approved and adopted this 6th day ofMary A. Davis, City Clerk
November, 1995.
Regular Session, November 6, 19956
Council Member Kluesner moved adoption ofTom Crall submitting resignation from the
the Resolution. Seconded by Council MemberHousing Commission Trust Fund effective 11-6-
Robbins. Carried by the following vote:95, presented and read. Council Member
Yeas—Mayor Pro-Tem Voetberg, CouncilNicholson moved that the communication be
Members Kluesner, Krieg, Nicholson, Robbins.received and filed and resignation accepted with
Nays—None. Absent—Mayor Duggan, Councilregret. Seconded by Council Member Kluesner.
Member Nagle.Carried by the following vote: Yeas—Mayor Pro-
Tem Voetberg, Council Members Kluesner, Krieg,
City Manager recommending an extension ofNicholson, Robbins. Nays—None.
the agreement with Project Concern for theAbsent—Mayor Duggan, Council Member Nagle.
completion of the Child Care Initiative Grant
program, presented and read. Council MemberCity Manager requesting approval of an
Kluesner moved that the communication beamendment to the lease with U.S. Postal Service
received and filed. Seconded by Council Memberby reducing the number of parking spaces from 55
Robbins. Carried by the following vote:to 38 in the Iowa Street Parking Ramp, presented
Yeas—Mayor Pro-Tem Voetberg, Counciland read. Council Member Kluesner moved that
Members Kluesner, Krieg, Nicholson, Robbins.the communication be received and filed and
Nays—None. Absent—Mayor Duggan, Councilamendment approved. Seconded by Council
Member Nagle.Member Robbins. Carried by the following vote:
Yeas—Mayor Pro-Tem Voetberg, Council
Members Kluesner, Krieg, Nicholson, Robbins.
RESOLUTION NO. 370-95
A RESOLUTION APPROVING ANNays—None. Absent—Mayor Duggan, Council
AMENDMENT TO THE AGREEMENTMember Nagle.
WITH PROJECT CONCERN FOR THE
Gene Sands requesting leaf burning be allowed
ADMINISTRATION AND
IMPLEMENTATION OF THE CHILDin the Spring and Fall times of the year, presented
CARE INITIATIVE GRANT PROGRAM.and read. Council Member Kluesner moved that
Whereas, an agreement with Project Concernthe communication be referred to the City
for the administration and implementation of theManager. Seconded by Council Member Robbins.
Child Care Initiative Grant Program was approvedCarried by the following vote: Yeas—Mayor Pro-
by the City Council on May 16, 1994 byTem Voetberg, Council Members Kluesner, Krieg,
Resolution No. 177-94; andNicholson, Robbins. Nays—None.
Whereas, an amended agreement, revoking andAbsent—Mayor Duggan, Council Member Nagle.
replacing the original agreement, is to be executed
by Project Concern, and the same hereto attachedCouncil Member Kluesner moved that the rules
and by this reference made a part hereof.be suspended to allow anyone present to address
NOW, THEREFORE, BE IT RESOLVED BYthe Council if they so desire. Seconded by Council
THE CITY COUNCIL OF THE CITY OFMember Robbins. Carried by the following vote:
DUBUQUE, IOWA:Yeas—Mayor Pro-Tem Voetberg, Council
Section 1. That the Mayor and City Clerk beMembers Kluesner, Krieg, Nicholson, Robbins.
and they are hereby authorized and directed toNays—None. Absent—Mayor Duggan, Council
endorse the acceptance of the City of Dubuque,Member Nagle.
Iowa, upon the amended agreement hereto
attached.Proof of Publication certified to by the
Passed, approved and adopted this 6th day ofPublisher on Notice of Hearing to consider
November, 1995.reclassifying property located at 3485 Windsor
Dirk N. Voetberg, Mayor Pro-TemAve. from R-4 to ID District and approving
Attest:Conceptual Development Plan for Stonehill Care
Mary A. Davis, City ClerkCenter, presented and read. Council Member
Council Member Kluesner moved adoption ofKrieg moved that the proof be received and filed.
the Resolution. Seconded by Council Member Seconded by Council Member Nicholson. Carried
Robbins. Carried by the following vote:by the following vote: Yeas—Mayor Pro-Tem
Yeas—Mayor Pro-Tem Voetberg, CouncilVoetberg, Council Members Kluesner, Krieg,
Members Kluesner, Krieg, Nicholson, Robbins.Nicholson, Robbins. Nays—None.
Nays—None. Absent—Mayor Duggan, CouncilAbsent—Mayor Duggan, Council Member Nagle.
Member Nagle.Sister Dolores Ullrich, Administrator of
Stonehill Care Center, spoke requesting approval.
BOARDS AND COMMISSIONS
City Manager requesting Council concurrenceAn Ordinance Amending Zoning Map by
of Housing Commission members chosen to servereclassifying property located at 3485 Windsor
on the Housing Trust Fund Committee, presentedAvenue from R-4 Multi-Family Residential
and read. Council Member Nicholson moved thatDistrict to ID Institutional District and by
they concur with appointments of Kevin Reckerapproving a Conceptual Development Plan for the
and James Stock. Seconded by Council MemberStonehill Care Center ID Institutional District, first
Kluesner. Carried by the following vote:and second readings given on 10-16, now
Yeas—Mayor Pro-Tem Voetberg, Councilpresented for final action.
Members Kluesner, Krieg, Nicholson, Robbins.
Nays—None. Absent—Mayor Duggan, Council(OFFICIAL PUBLICATION)
Member Nagle.
ORDINANCE NO. 66-95
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
7Regular Session, November 6, 1995
c)All uses customarily incidental to the
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSIFYINGprincipal permitted use in conjunction
HEREINAFTER DESCRIBED PROPERTYwith which such accessory use is operated
LOCATED AT 3485 WINDSOR AVENUEor maintained, but not to include
commercial uses outside the principal
FROM R-4 MULTI-FAMILY
RESIDENTIAL DISTRICT TO IDbuilding.
INSTITUTIONAL DISTRICT AND BYB.Lot and Bulk Regulations.
Development of land in the ID Institutional
APPROVING A CONCEPTUAL
District shall be regulated as follows:
DEVELOPMENT PLAN FOR THE
STONEHILL CARE CENTER ID1)All building structures and activities shall be
INSTITUTIONAL DISTRICT.located in conformance with the attached
NOW, THEREFORE, BE IT ORDAINED BYconceptual development plan and all final site
THE CITY COUNCIL OF THE CITY OFdevelopment plans are to be approved in
DUBUQUE, IOWA:accordance with provisions of the ID
Section 1. That Appendix A (the ZoningInstitutional District regulations.
Ordinance) of the Dubuque Code of Ordinances be2)That all buildings shall be limited to a
amended by reclassifying hereinafter describedmaximum height of 40 feet.
property from R-4 Multi-Family Residential3)That new light standards shall be restricted to
District to ID Institutional District and byheight of 25 feet.
approving a conceptual development plan forC.Performance Standards.
Stonehill Care Center ID Institutional District, toThe development and maintenance of uses in
wit:this ID Institutional District shall be established
The North 134 feet of Lot 4 Stonehillin conformance with Section 3-5.2 of the ID
Community Subdivision No. 1, and to theInstitutional District.
center line of the adjoining public right-of-way,D.Open Space and Recreational Areas
all in the City of Dubuque, Iowa.Those areas not designated on the conceptual
Section 2. That in order to accomplish thedevelopment plan for development shall be
purposes of the ID Institutional District of themaintained as open space, as defined by Section
Zoning Ordinance of the City of Dubuque, Iowa,8 of the Zoning Ordinance by the property
the conceptual development plan for Stonehillowner and/or association.
Care Center, a copy of which is attached to andE.Sign Regulations.
made a part hereof, is hereby adopted andThe sign regulations shall be the same as that
approved for the following described property, towhich are allowed in Section 4-3.11 of the
wit:Zoning Ordinance of the City of Dubuque,
Lot 4 and Lot 5 of Stonehill CommunityIowa.
Subdivision No. 1, and to the center line of theF.Additional Standards.
adjoining public right-of-way, all in the City of1)The conceptual development plan shall be valid
Dubuque, Iowa.for a period of 3 years provided final site
Section 3. That pursuant to Iowa Code Sectiondevelopment plans are submitted within two
414.5(1993), and as an express condition of theyears from the date of approval.
reclassification, the undersigned property owner2)That all previously approved conceptual
agrees to the following conditions, all of which thedevelopment plans are hereby amended to
property owner further agrees are reasonable andallow for the attached conceptual development
imposed to satisfy the public needs that are causedplan.
directly by the zoning reclassification:G.Transfer of Ownership
A.Use Regulations.Transfer of ownership or lease of property in
The following regulations shall apply to allthis ID Institutional District shall include in the
uses made of land in the above described IDtransfer or lease agreement a provision that the
Institutional District:purchaser or lessee acknowledges awareness of
1)Principal permitted uses shall be limited tothe conditions authorizing the establishment of
a)Nursing or convalescent homes. [45]the district.
b)Residential care facilities. [18]H.Reclassification of Subject Property.
c)Multiple-family dwellings for the housingThe City of Dubuque, Iowa, may initiate
of institutional residents or affiliates. [9]zoning reclassification proceedings to the ID
d)Offices for administrative personnel orInstitutional District in accordance with Section
other institutional employees and affiliates6 of the Zoning Ordinance if the property
[14].owner fail to complete any of the conditions of
e)Off-street parking and loading.this ordinance.
2)Accessory uses. The following uses shall beI.Modifications.
permitted as accessory uses in the aboveAny modifications of this Ordinance must be
described ID Institutional District:approved by the City Council in accordance
a)Restaurants or cafeterias, flower shops,with zoning reclassification proceedings of
gift shops, and candy, cigar or magazineSection 6 of the Zoning Ordinance.
stands but only when operated or locatedJ.Recording.
entirely within a principal building.A copy of this ordinance shall be recorded at
b)Facilities with a compounding,the expense of the property owner(s) with the
dispensing, or sales or drugs or medicines,Dubuque County Recorder as a permanent
prosthetic devices, lotions or preparations,record of the conditions accepted as part of this
bandages or dressings and similar medicalreclassification approval within ten (10) days of
or health related supplies, but only whenthe adoption of this ordinance. This ordinance
operated or located entirely within ashall be binding upon the undersigned and all
principal building.his/her heirs, successors and assignees.
Regular Session, November 6, 19958
Section 4. That the foregoing amendment hasOrdinances is hereby amended by reclassifying the
heretofore been reviewed by the Zoninghereinafter described property from AG
Commission of the City of Dubuque, Iowa.Agricultural District to R-1 Single-Family
Section 5. That the foregoing amendment shallResidential District, to wit:
take effect upon publication, as provided by law.Lot 1 of Avenarius Place, and to the center line
Passed, approved and adopted this 6th day ofof the adjoining public right-of-way, all in the
November, 1995.City of Dubuque, Iowa.
Dirk N. Voetberg, Mayor Pro-TemSection 2. The foregoing amendment has
Attest:heretofore been reviewed by the Zoning
Mary A. Davis, City ClerkCommission of the City of Dubuque, Iowa.
ACCEPTANCE OF ORDINANCESection 3. This ordinance shall take effect
NO. 66-95immediately upon publication, as provided by law.
The Stonehill Care Center and Padre PioPassed, approved and adopted this 6th day of
Health Care Center, property owner, having readNovember, 1995.
the terms and conditions of the foregoingDirk N. Voetberg, Mayor Pro-Tem
Ordinance No. 66-95 and being familiar with theAttest:
conditions thereof, hereby accept this same andMary A. Davis, City Clerk
agree to the conditions required therein.Published officially in the Telegraph Herald
Dated in Dubuque, Iowa this 6th day ofthis 10th day of November, 1995.
November, 1995.1t 11/10Mary A. Davis CMC, City Clerk
By /s/ Sr. Dolores Ullrich, Administrator
Council Member Krieg moved final
Stonehill Care Centerconsideration and passage of the Ordinance.
Published officially in the Telegraph HeraldSeconded by Council Member Nicholson. Carried
this 10th day of November, 1995.by the following vote: Yeas—Mayor Pro-Tem
1t 11/10Mary A. Davis CMC, City ClerkVoetberg, Council Members Kluesner, Krieg,
Council Member Krieg moved finalNicholson, Robbins. Nays—None.
consideration and passage of the Ordinance. Absent—Mayor Duggan, Council Member Nagle.
Seconded by Council Member Nicholson. Carried
by the following vote: Yeas—Mayor Pro-TemProof of Publication certified to by the
Voetberg, Council Members Kluesner, Krieg,Publisher on Notice of Hearing to consider
Nicholson, Robbins. Nays—None.reclassifying property located at 1670 J.F.K. Rd.
Absent—Mayor Duggan, Council Member Nagle.from R-1 to C-3 District, presented and read.
Council Member Kluesner moved that the proof be
Proof of Publication certified to by thereceived and filed. Seconded by Council Member
Publisher on Notice of Hearing to reclassifyNicholson. Carried by the following vote:
property located East of Ideal Lane from AG to R-Yeas—Mayor Pro-Tem Voetberg, Council
1 District, presented and read. Council MemberMembers Kluesner, Krieg, Nicholson, Robbins.
Krieg moved that the proof be received and filed.Nays—None. Absent—Mayor Duggan, Council
Seconded by Council Member Nicholson. CarriedMember Nagle.
by the following vote: Yeas—Mayor Pro-Tem
Voetberg, Council Members Kluesner, Krieg,Steve Selchert, owner of Steve's Ace Hardware,
Nicholson, Robbins. Nays—None.requested rezoning as this area is where their
Absent—Mayor Duggan, Council Member Nagle.garden is located.
Attorney Al Hughes, on behalf of Marlin &An Ordinance Amending Zoning Map by
Richie Avenarius, requested approval of request toreclassifying property located at 1670 J. F.
rezone.Kennedy Road from R-1 Single-Family
Residential District to C-3 General Commercial
An Ordinance Amending Zoning Map byDistrict (1st & 2nd readings given on 10-16, now
reclassifying property located East of Ideal Lanepresented for final action.
from AG Agricultural District to R-1 Single-
Family Residential District, first and second(OFFICIAL PUBLICATION)
readings given on 10-16, now presented for final
ORDINANCE NO. 68-95
action. AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
(OFFICIAL PUBLICATION)CITY OF DUBUQUE CODE OF
ORDINANCE NO. 67-95ORDINANCES, BY RECLASSIFYING
AN ORDINANCE AMENDING APPENDIXHEREINAFTER DESCRIBED PROPERTY
A (THE ZONING ORDINANCE) OF THELOCATED 1670 J.F. KENNEDY ROAD
CITY OF DUBUQUE CODE OFFROM R-1 SINGLE-FAMILY
ORDINANCES, BY RECLASSIFYINGRESIDENTIAL DISTRICT TO C-3
HEREINAFTER DESCRIBED PROPERTYGENERAL COMMERCIAL DISTRICT.
LOCATED EAST OF IDEAL LANE FROMNOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
AG AGRICULTURAL DISTRICT TO R-1
SINGLE-FAMILY RESIDENTIALDUBUQUE, IOWA:
DISTRICT.Section 1. That Appendix A (the Zoning
NOW, THEREFORE, BE IT ORDAINED BYOrdinance) of the City of Dubuque Code of
THE CITY COUNCIL OF THE CITY OFOrdinances is hereby amended by reclassifying the
DUBUQUE, IOWA:hereinafter described property from R-1 Single-
Section 1. That Appendix A (the ZoningFamily Residential District to C-3 General
Ordinance) of the City of Dubuque Code ofCommercial District, to wit:
9Regular Session, November 6, 1995
Lot 2 of Lot 1 of Lot 2 of the West 1/2 of theSection 2. That the Mayor be authorized and
Northwest 1/4 of the Northwest 1/4 Section 27directed to execute a Release of Easement, and the
T89N, R2E of U.S. West Place Subdivision, allCity Clerk be and is hereby authorized and
in the City of Dubuque, Iowa.directed to deliver said Release to Restaurant
Section 2. The foregoing amendment hasGroup of Iowa, Inc. upon receipt of the above fees.
heretofore been reviewed by the ZoningSection 3. That the City Clerk be and is hereby
Commission of the City of Dubuque, Iowa.authorized and directed to record a certified copy
Section 3. This ordinance shall take effectof this resolution in the office of the City Assessor,
immediately upon publication, as provided by law.Dubuque County Recorder and the Dubuque
Passed, approved and adopted this 6th day ofCounty Auditor.
November, 1995.Passed, approved and adopted this 6th day of
Dirk N. Voetberg, Mayor Pro-TemNovember, 1995.
Attest:Dirk N. Voetberg, Mayor Pro-Tem
Mary A. Davis, City ClerkAttest:
Published officially in the Telegraph HeraldMary A. Davis, City Clerk
Council Member Robbins moved adoption of
this 10th day of November, 1995.
1t 11/10Mary A. Davis CMC, City Clerkthe Resolution. Seconded by Council Member
Council Member Kluesner moved finalNicholson. Carried by the following vote:
consideration and passage of the Ordinance. Yeas—Mayor Pro-Tem Voetberg, Council
Members Kluesner, Krieg, Nicholson, Robbins.
Seconded by Council Member Nicholson. Carried
by the following vote: Yeas—Mayor Pro-TemNays—None. Absent—Mayor Duggan, Council
Voetberg, Council Members Kluesner, Krieg,Member Nagle.
Nicholson, Robbins. Nays—None.
Absent—Mayor Duggan, Council Member Nagle.Proof of Publication certified to by the
Publisher on notice of Hearing on Plans and
Proof of Publication certified to by theSpecifications for construction of Traffic Signal
Installation and Turn Lane at Asbury Road and
Publisher on Notice of Hearing to consider
disposing of City's interest of 10 feet of an existingNorthwest Arterial intersection, presented and
30' wide utility easement and communication ofread. Council Member Nicholson moved that the
City Manager recommending approval of disposal,proof be received and filed. Seconded by Council
Member Krieg. Carried by the following vote:
presented and read. Council Member Robbins
moved that the proof and communication beYeas—Mayor Pro-Tem Voetberg, Council
received and filed. Seconded by Council MemberMembers Kluesner, Krieg, Nicholson, Robbins.
Nicholson. Carried by the following vote:Nays—None. Absent—Mayor Duggan, Council
Member Nagle.
Yeas—Mayor Pro-Tem Voetberg, Council
Members Kluesner, Krieg, Nicholson, Robbins.
Nays—None. Absent—Mayor Duggan, Council
Member Nagle.RESOLUTION NO. 372-95
RESOLUTION ADOPTING PLANS
RESOLUTION NO. 371-95AND SPECIFICATIONS
Whereas, pursuant to resolution and publishedWhereas, on the 12th day of October, 1995,
plans, specifications, form of contract and
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of generalestimated cost were filed with the City Clerk of
circulation published in the City of Dubuque, IowaDubuque, Iowa for the Traffic Signal Installation
on the 27th day of October, 1995, The Cityand Turn Lane at Asbury Road and Northwest
Arterial Intersection.
Council of the City of Dubuque, Iowa met on the
6th day of November, 1995 at 7:00 p.m. in theWhereas, notice of hearing on plans,
Public Library Auditorium, 11th and Locust,specifications, form of contract, and estimated cost
was published as required by law.
Dubuque, Dubuque County, Iowa to consider the
proposal for the vacation and release of real estateNOW THEREFORE, BE IT RESOLVED BY
described as:THE CITY COUNCIL OF THE CITY OF
Ten feet of an existing 30 foot wide utilityDUBUQUE, IOWA:
That the said plans, specifications, form of
easement on Lot 2C abutting Lots 8, 9, 10 and
11 all in Block 10 of Dubuque Harborcontract and estimated cost are hereby approved as
Company's Addition in the City of Dubuque, asthe plans, specifications, form of contract and
shown on the attached Exhibit Aestimated cost for said improvements for said
project.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,Passed, adopted and approved this 6th day of
oral or written, to the proposal to dispose ofNovember, 1995.
interest of the City of Dubuque, Iowa, in theDirk N. Voetberg, Mayor Pro-Tem
hereinabove described real estate.Attest:
NOW, THEREFORE, BE IT RESOLVED BYMary A. Davis, City Clerk
THE CITY COUNCIL OF THE CITY OFCouncil Member Nicholson moved adoption of
the Resolution. Seconded by Council Member
DUBUQUE, IOWA:
Section 1. That the disposal of the interest ofKrieg. Carried by the following vote:
the City of Dubuque, Dubuque County, Iowa inYeas—Mayor Pro-Tem Voetberg, Council
real property described as 10 feet of an existing 30Members Kluesner, Krieg, Nicholson, Robbins.
Nays—None. Absent—Mayor Duggan, Council
foot wide utility easement on Lot 2C abutting Lots
8, 9, 10 and 11 all in Block 10 of DubuqueMember Nagle.
Harbor Company's Addition in the City of
Dubuque, Iowa be and the same is herebyProof of Publication certified to by the
Publisher on Notice to Bidders on Receipt of bids
approved for the cost of publication and filing fees.
for project and City Manager recommending to
Regular Session, November 6, 199510
award contract for project, presented and read.(OFFICIAL PUBLICATION)
Council Member Nicholson moved that the proof
ORDINANCE NO. 69-95
and communication be received and filed.AN ORDINANCE ESTABLISHING THE
Seconded by Council Member Krieg. Carried byUPPER MAIN URBAN REVITALIZATION
the following vote: Yeas—Mayor Pro-TemAREA AS AN URBAN REVITALIZATION
Voetberg, Council Members Kluesner, Krieg,
AREA PURSUANT TO CHAPTER 404 OF
Nicholson, Robbins. Nays—None.THE CODE OF IOWA
Absent—Mayor Duggan, Council Member Nagle.NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 373-95
AWARDING CONTRACTSection 1. That the Upper Main Urban
Whereas, sealed proposals have been submittedRevitalization Area as hereinafter described shall
by contractors for the Traffic Signal Installationhereafter be designated an urban revitalization area
and Turn Lane at Asbury Road and Northwestpursuant to Chapter 404 of the Code of Iowa
Arterial Intersection pursuant to Resolution No.1995, to wit:
366-95 and notice to bidders published in a
Beginning at the alley between Locust and Main
newspaper published in the City of Dubuque, Iowa
on 10th Street and extending north along this
on the 20th day of October, 1995.alleyway to 13th Street, east along 13th Street to
Whereas, said sealed proposals were openedMain Street, north on Main Street to 14th Street,
and read on the 26th day of October, 1995 and it
east on 14th Street to Iowa Street, south on Iowa
has been determined that the bid of Portzen
Street to 13th Street, east on 13th Street to Central
Construction, Inc. of Dubuque, Iowa in the amountAvenue, south on Central Avenue to 11th Street,
of $48,560.73 was the lowest bid for thewest on 11th Street to the alleyway between Iowa
furnishings of all labor and materials and
Street and Main Street, south along this alleyway
performing the work as provided for in the plans
to 10th Street, west on 10th Street to the point of
and specifications.origination.
NOW THEREFORE, BE IT RESOLVED BY
Section 2. That the Upper Main Urban
THE CITY COUNCIL OF THE CITY OF
Revitalization Area Plan as hereto attached is
DUBUQUE, IOWA:hereby adopted and approved and the properties
That the contract for the above improvement bewithin said described area shall be subject to the
awarded, subject to the concurrence of the Iowa
provisions of said Plan.
Department of Transportation, to Portzen
Section 3. That the Upper Main Urban
Construction, Inc. and the Manager be and isRevitalization Plan shall hereafter be on file in the
hereby directed to execute a contract on behalf ofCity Clerk's Office, City Hall, Dubuque, Iowa.
the City of Dubuque for the complete performance
Passed, approved and adopted this 6th day of
of the work.
November, 1995.
BE IT FURTHER RESOLVED:Dirk N. Voetberg, Mayor Pro-Tem
That upon the signing of said contract and theAttest:
approval of the contractor's bond, the City
Mary A. Davis, City Clerk
Treasurer is authorized and instructed to return thePublished officially in the Telegraph Herald
bid deposits of the unsuccessful bidders.
this 10th day of November, 1995.
Passed, approved and adopted this 6th day of
1t 11/10Mary A. Davis CMC, City Clerk
November, 1995.
Council Member Krieg moved final
Dirk N. Voetberg, Mayor Pro-Temconsideration and passage of the Ordinance.
Attest:
Seconded by Council Member Nicholson. Carried
Mary A. Davis, City Clerk
by the following vote: Yeas—Mayor Pro-Tem
Council Member Nicholson moved adoption of
Voetberg, Council Members Kluesner, Krieg,
the Resolution. Seconded by Council MemberNicholson, Robbins. Nays—None.
Krieg. Carried by the following vote:
Absent—Mayor Duggan, Council Member Nagle.
Yeas—Mayor Pro-Tem Voetberg, Council
Members Kluesner, Krieg, Nicholson, Robbins.
Proof of Publication certified to by the
Nays—None. Absent—Mayor Duggan, CouncilPublisher on Notice of Hearing to approve an
Member Nagle.
amendment to the Community Development Block
Grant (CDBG) Final Statement and City Manager
Proof of Publication certified to by therecommending approval of amendment, presented
Publisher on Notice of Hearing to designate an
and read. Council Member Robbins moved that
Upper Main Urban Revitalization Area Plan,
the proof and communication be received and
presented and read. Council Member Krieg moved
filed. Seconded by Council Member Nicholson.
that the proof be received and filed. Seconded byCarried by the following vote: Yeas—Mayor Pro-
Council Member Nicholson. Carried by the
Tem Voetberg, Council Members Kluesner, Krieg,
following vote: Yeas—Mayor Pro-Tem Voetberg,
Nicholson, Robbins. Nays—None.
Council Members Kluesner, Krieg, Nicholson,
Absent—Mayor Duggan, Council Member Nagle.
Robbins. Nays—None. Absent—Mayor Duggan,
Council Member Nagle.
RESOLUTION NO. 374-95
RESOLUTION APPROVING AN
An Ordinance Establishing the Upper Main
AMENDMENT TO THE FINAL
Urban Revitalization Area as an Urban
STATEMENT FOR THE COMMUNITY
Revitalization area pursuant to Chapter 404 of the
DEVELOPMENT BLOCK GRANT 20TH
Code of Iowa, first & second readings given 10-2-
PROGRAM YEAR (FISCAL YEAR 1995)
95, presented and read.Whereas, The City of Dubuque prepared and
filed a Final Statement of Community
11Regular Session, November 6, 1995
Development Objectives and Projected Use of
A RESOLUTION AUTHORIZING A
Funds for the Community Development BlockLETTER OF COMMITMENT AND
Grant 20th Program Year ("Statement") on orADDITIONAL ACTIONS CONCERNING A
before DOWNTOWN REHABILITATION LOAN
June 1, 1994; and
TO MR. FRED BAKEY.
Whereas, the City now desires to amend saidWhereas, the City of Dubuque, Iowa, has
Statement to establish four new activities andcreated a Downtown Rehabilitation Loan Program
reduce funding in two existing activities as shownfor the purpose of stimulating reinvestment in the
on the attached table entitled Exhibit A; andDowntown Urban Renewal District; and
Whereas, said amendment is a substantialWhereas, the City of Dubuque, Iowa is
amendment as provided in the City's Citizenencouraging the use of this loan program to
Participation Plan and must therefore be approvedfinance code compliance activities and to spur job
by resolution of the City Council after review andcreation and upper story housing unit
recommendation by the Community Developmentdevelopment; and
Commission and a public hearing by the CityWhereas, Mr. Bakey's loan application meets
Council; andthe requirements of this program; and
Whereas, the Community DevelopmentWhereas, a Commitment Letter, hereto attached
Commission reviewed the proposedand by this reference made a part hereof, sets forth
amendment at a meeting on September 12, 1995,the terms and conditions of Mr. Bakey's
and has voted to approve said amendment and toparticipation in the Downtown Rehabilitation Loan
recommend its approval by the City Council; andProgram.
Whereas, a public hearing was held onNOW, THEREFORE, BE IT RESOLVED BY
November 6, 1995, at which time the public wasTHE CITY COUNCIL OF THE CITY OF
provided an opportunity to comment on theDUBUQUE, IOWA:
proposed amendment. Section 1. That the application of Mr. Fred
NOW, THEREFORE, BE IT RESOLVED BYBakey for participation in the Downtown
THE CITY COUNCIL OF THE CITY OFRehabilitation Loan Program is hereby accepted
DUBUQUE, IOWA:and approved.
Section 1. That the amendment to the FinalSection 2. That the Mayor is hereby authorized
Statement for the Community Development Blockto execute, on behalf of the City Council of the
Grant 20th Program Year attached hereto asCity of Dubuque, Iowa, the attached Commitment
Exhibit A is hereby approved.Letter and to forward said letter to Mr. Bakey for
Section 2. That the City Manager is herebyreview and approval.
authorized and directed to submit a copy of thisSection 3. That the City Manager be and he is
resolution to the U.S. Department of Housing andhereby directed to prepare, upon execution and
Urban Development.receipt of the attached Commitment Letter by Mr.
Passed, approved and adopted this 6th day ofBakey, the necessary loan documents in
November, 1995.accordance with the terms and conditions set forth
Dirk N. Voetberg, Mayor Pro-Temin said Commitment Letter.
Attest:Section 4. That the City Manager is hereby
Mary A. Davis, City Clerkauthorized to execute, on behalf of the City
Council Member Robbins moved adoption ofCouncil of the City of Dubuque, Iowa, all
the Resolution. Seconded by Council Membernecessary loan documents and is further authorized
Nicholson. Carried by the following vote:to disburse loan funds from the Downtown
Yeas—Mayor Pro-Tem Voetberg, CouncilRehabilitation Loan Program, in accordance with
Members Kluesner, Krieg, Nicholson, Robbins.the terms and conditions of the executed
Nays—None. Absent—Mayor Duggan, Councilagreement.
Member Nagle.Passed, approved and adopted this 6th day of
November, 1995.
City Manager requesting approval to provideDirk N. Voetberg, Mayor Pro-Tem
$5,000 of UDAG Funds to support FDL FoodsAttest:
Labor-Management Worker Transition effort,Mary A. Davis, City Clerk
presented and read. Council Member KluesnerCouncil Member Kluesner moved adoption of
moved that the communication be received andthe Resolution. Seconded by Council Member
filed and approved request. Seconded by CouncilNicholson. Carried by the following vote:
Member Nicholson. Carried by the following vote:Yeas—Mayor Pro-Tem Voetberg, Council
Yeas—Mayor Pro-Tem Voetberg, CouncilMembers Kluesner, Krieg, Nicholson, Robbins.
Members Kluesner, Krieg, Nicholson, Robbins.Nays—None. Absent—Mayor Duggan, Council
Nays—None. Absent—Mayor Duggan, CouncilMember Nagle.
Member Nagle.
City Manager recommending approval of a Fair
City Manager recommending approval of aHousing Analysis Consultant Contract, presented
$100,000 loan, and a companion $10,000 grantand read. Council Member Nicholson moved that
for predevelopment costs to Fred Bakey, presentedthe communication be received and filed.
and read. Council Member Kluesner moved thatSeconded by Council Member Krieg. Carried by
the communication be received and filed.the following vote: Yeas—Mayor Pro-Tem
Seconded by Council Member Nicholson. CarriedVoetberg, Council Members Kluesner, Krieg,
by the following vote: Yeas—Mayor Pro-TemNicholson, Robbins. Nays—None.
Voetberg, Council Members Kluesner, Krieg,Absent—Mayor Duggan, Council Member Nagle.
Nicholson, Robbins. Nays—None.
Absent—Mayor Duggan, Council Member Nagle.
RESOLUTION 375-95
A RESOLUTION APPROVING THE
RESOLUTION 376-95SELECTION OF A CONSULTANT TO
Regular Session, November 6, 199512
PREPARE A FAIR HOUSING ANALYSISCity Manager submitting ordinances allowing
for installation of stop signs at the following
OF THE CITY OF DUBUQUE AND
AUTHORIZING THE CITY MANAGER TOlocations: Lincoln Ave. at Fengler St., Iowa St. at
EXECUTE AN APPROPRIATE CONTRACTWest 17th St., all intersections along Van Buren
FOR SAID ANALYSIS.St. and Fengler at Garfield and a "Yield" sign at
Whereas, the City of Dubuque, Iowa isCherokee Drive and Marion St., presented and
required by the U.S. Department of Housing andread. Council Member Nicholson moved that the
Urban Development to complete a Fair Housingcommunication be received and filed. Seconded
Analysis; andby Council Member Robbins. Carried by the
Whereas, the City of Dubuque, Iowa, as part offollowing vote: Yeas—Mayor Pro-Tem Voetberg,
the overall Community Development Block GrantCouncil Members Kluesner, Krieg, Nicholson,
program, is interested in identifying impedimentsRobbins. Nays—None. Absent—Mayor
or barriers to fair housing in our community; andDuggan, Council Member Nagle.
Whereas, a Request for Proposals solicited
consultant services to prepare the Fair HousingAn Ordinance Amending Code of Ordinances
Analysis; and by revising subsection (b) of Section 32-213
Whereas, The John Marshall Law School Fairproviding for the change of through street
Housing Legal Support Center is recommended todesignation for Lincoln Avenue and an Ordinance
complete the Fair Housing Analysis.Amending Code of Ordinances by modifying
NOW, THEREFORE, BE IT RESOLVED BYsubsection (b) of Section 32-214 providing for
THE CITY COUNCIL OF THE CITY OFaddition of stop signs at Lincoln Avenue and
DUBUQUE, IOWA:Fengler Street., presented and read. Council
Section 1. That the selection of The JohnMember Nicholson moved that this be considered
Marshall Law School Fair Housing Legal Supportthe first reading of the Ordinance. Seconded by
Center as the consultant to prepare a Fair HousingCouncil Member Robbins. Carried by the
Analysis of the city of Dubuque is herebyfollowing vote: Yeas—Mayor Pro-Tem Voetberg,
approved.Council Members Krieg, Nicholson, Robbins.
Section 2. That the City Manager is herebyNays—Council Member Kluesner.
authorized to execute, on behalf of the CityAbsent—Mayor Duggan, Council Member Nagle.
Council of the City of Dubuque, Iowa, a contract
with The John Marshall Law School Fair HousingAn Ordinance Amending Code of Ordinances
Legal Support Center for consultant services not toby modifying subsection (b) of Section 32-214
exceed $10,000.00.providing for addition of a stop sign at Iowa Street
Passed, approved and adopted this 6th day ofand West 17th Street; an Ordinance Amending
November, 1995. Code of Ordinances by adding Van Buren Street as
Dirk N. Voetberg, Mayor Pro-Tema through street in subsection (b) of Section 32-
Attest:213; An Ordinance Amending Code of Ordinances
Mary A. Davis, City Clerkby modifying subsection (b) of Section 32-214
Council Member Nicholson moved adoption ofthereof providing for addition of stop sign at
the Resolution. Seconded by Council Memberintersection of Fengler St. and Garfield St.; An
Krieg. Carried by the following vote:Ordinance Amending Code of Ordinances by
Yeas—Mayor Pro-Tem Voetberg, Councilmodifying subsection (b) of Section 32-214
Members Kluesner, Krieg, Nicholson, Robbins.providing for the addition of a yield sign at
Nays—None. Absent—Mayor Duggan, CouncilCherokee Drive and Marion Street, presented and
Member Nagle.read. Council Member Nicholson moved that this
be considered the first reading of the Ordinances.
City Manager recommending approval of anSeconded by Council Member Robbins. Carried
extension of Agreement with the Tri-State Healthby the following vote: Yeas—Mayor Pro-Tem
C.A.R.E. Coalition at a cost of $4,800, presentedVoetberg, Council Members Kluesner, Krieg,
and read. Council Member Krieg moved that theNicholson, Robbins. Nays—None.
communication be received and filed andAbsent—Mayor Duggan, Council Member Nagle.
recommendation approved. Seconded by Council
Member Nicholson. Carried by the following vote:City Manager submitting changes to the City
Yeas—Mayor Pro-Tem Voetberg, CouncilCode of Ordinances to be consistent with recent
Members Kluesner, Krieg, Nicholson, Robbins.changes in the Iowa Code, presented and read.
Nays—None. Absent—Mayor Duggan, CouncilCouncil Member Nicholson moved that the
Member Nagle.communication be received and filed. Seconded
by Council Member Robbins. Carried by the
City Manager recommending that a Firefollowing vote: Yeas—Mayor Pro-Tem Voetberg,
Department Tanker be donated to the DubuqueCouncil Members Kluesner, Krieg, Nicholson,
County Fire Association, presented and read.Robbins. Nays—None. Absent—Mayor Duggan,
Council Member Robbins moved that theCouncil Member Nagle.
communication be received and filed and approved
recommendation. Seconded by Council MemberAn Ordinance Amending certain sections of the
Nicholson. Carried by the following vote:City Code of Ordinances and enacting new
Yeas—Mayor Pro-Tem Voetberg, CouncilSections 5-6, 5-7(a) and 33-3 to be consistent with
Members Kluesner, Krieg, Nicholson, Robbins.recent changes in the Iowa Code, presented and
Nays—None. Absent—Mayor Duggan, Councilread. Council Member Nicholson moved that this
Member Nagle.be considered the first reading of the Ordinance.
Seconded by Council Member Robbins. Carried
by the following vote: Yeas—Mayor Pro-Tem
13Regular Session, November 6, 1995
Voetberg, Council Members Kluesner, Krieg,Passed, approved and adopted this 6th day of
Nicholson, Robbins. Nays—None.November, 1995.
Absent—Mayor Duggan, Council Member Nagle.Dirk N. Voetberg, Mayor Pro-Tem
Attest:
City Manager submitting ordinance providingMary A Davis, City Clerk
for 15 minute parking on portion of White St.,Council Member Nicholson moved adoption of
presented and read. Council Member Krieg movedthe Resolution. Seconded by Council Member
that the communication be received and filed.Robbins. Carried by the following vote:
Seconded by Council Member Nicholson. CarriedYeas—Mayor Pro-Tem Voetberg, Council
by the following vote: Yeas—Mayor Pro-TemMembers Kluesner, Krieg, Nicholson, Robbins.
Voetberg, Council Members Kluesner, Krieg,Nays—None. Absent—Mayor Duggan, Council
Nicholson, Robbins. Nays—None.Member Nagle.
Absent—Mayor Duggan, Council Member Nagle.
RESOLUTION NO. 378-95
An Ordinance Amending Section 32-262(e) ofWhereas, applications for Liquor Licenses have
the Code of Ordinances restricting parking to 15been submitted to this Council for
minutes on White Street, east side, from E. 7th St.approval and the same have been examined and
to a point of 40 feet north of E. 7th Street,approved; and
presented and read. Council Member Krieg movedWhereas, the premises to be occupied by such
that this be considered the first reading of theapplicants were inspected and found to
Ordinance. Seconded by Council Membercomply with the State Laws and all City
Nicholson. Carried by the following vote:Ordinances relevant thereto and they have filed
Yeas—Mayor Pro-Tem Voetberg, Councilproper bonds.
Members Kluesner, Krieg, Nicholson, Robbins.NOW, THEREFORE, BE IT RESOLVED BY
Nays—None. Absent—Mayor Duggan, CouncilTHE CITY COUNCIL OF THE CITY OF
Member Nagle.DUBUQUE, IOWA:
That the Manager be authorized to cause to be
City Manager recommending approval ofissued the following named applicants
demolition permit to demolish single familya Liquor License.
dwelling at 535 West Third St., presented andCLASS "C" (COMMERCIAL)
read. Council Member Robbins moved that theBEER & LIQUOR LICENSE
communication be received and filed and approvedThe Ground Round Inc.The Ground Round
permit. Seconded by Council Member Krieg.+(Sunday Sales)50 JFK Rd.
Carried by the following vote: Yeas—Mayor Pro-T & M Inc.Mario's Italian Rest
Tem Voetberg, Council Members Kluesner, Krieg,+(Sunday Sales)1298 Main
Nicholson, Robbins. Nays—None.Sam W ChiuLong Yuen Restr.
Absent—Mayor Duggan, Council Member Nagle.+(Sunday Sales)2600 Dodge St.
David L. LyonsRiver City Tap & Grill
City Manager recommending to pay the Four+(Sunday Sales)1406 Pine St
Mounds Foundation for hail damage to buildingsSun's CorpYen Ching Restr.
at Four Mounds Park with funding to be made926 Main St
through a budget amendment, presented and read.Passed, approved and adopted this 6th day of
Council Member Krieg moved that theNovember, 1995.
communication be received and filed and approvedDirk N. Voetberg, Mayor Pr Tem
use of insurance monies to make repairs.Attest:
Seconded by Council Member Nicholson. CarriedMary A. Davis, City Clerk
by the following vote: Yeas—Mayor Pro-TemCouncil Member Nicholson moved adoption of
Voetberg, Council Members Kluesner, Krieg,the Resolution. Seconded by Council Member
Nicholson, Robbins. Nays—None.Robbins. Carried by the following vote:
Absent—Mayor Duggan, Council Member Nagle.Yeas—Mayor Pro-Tem Voetberg, Council
Members Kluesner, Krieg, Nicholson, Robbins.
RESOLUTION NO. 377-95Nays—None. Absent—Mayor Duggan, Council
Whereas, applications for Beer Permits haveMember Nagle.
been submitted and filed to this Council for
approval and the same have been examined andCity Manager recommending public hearing be
approved; and set for amendment to current Fiscal Year budget,
Whereas, the premises to be occupied by suchpresented and read. Council Member Kluesner
applicants were inspected and found to complymoved that the communication be received and
with the Ordinances of this City and have filedfiled. Seconded by Council Member Robbins.
proper bonds.Carried by the following vote: Yeas—Mayor Pro-
NOW, THEREFORE, BE IT RESOLVED BYTem Voetberg, Council Members Kluesner, Krieg,
THE CITY COUNCIL OF THE CITY OFNicholson, Robbins. Nays—None.
DUBUQUE, IOWA:Absent—Mayor Duggan, Council Member Nagle.
That the Manager be authorized to cause to be
issued the following named applicants a BeerRESOLUTION NO. 379-95
Permit.RESOLUTION DIRECTING THE CITY
CLERK TO PUBLISH PROPOSED
CLASS "C" BEER PERMIT
AMENDMENT TO THE FISCAL YEAR
TFM Co.Oky Doky # 61996 BUDGET AND DATE OF PUBLIC
+(Sunday Sales)1256 Iowa Molo Oil Com. HEARING
Big 10 Mart +(Sunday Sales)1875 JFK RdWhereas, it is proposed that the City of
Iowa Oil Com.IOCO Speede ShoppeDubuque amend its Fiscal Year 1996 budget; and
+(Sunday Sales)3270 Dodge
Regular Session, November 6, 199514
Whereas, Section 384.16 of the Code of Iowa____________________________________
stipulates that a public hearing must be held onMayor
such a budget amendment.
NOW, THEREFORE, BE IT RESOLVED BY
____________________________________
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
____________________________________
authorized and directed to publish notice of public
hearing on an amendment to the adopted budget
____________________________________
for the City of Dubuque, Iowa.
Passed, approved and adopted this 6th day of
November, 1995.
____________________________________
Dirk N. Voetberg, Mayor Pro-Tem
Attest:
Mary A. Davis, City Clerk
____________________________________
Council Member Kluesner moved adoption of
the Resolution and setting Public Hearing for
____________________________________
November 20, 1995 at 7:00 p.m. and direct the
Council Members
City Clerk to publish notice in the manner
prescribed by law. Seconded by Council Member
Robbins. Carried by the following vote:Attest:
Yeas—Mayor Pro-Tem Voetberg, Council
Members Kluesner, Krieg, Nicholson, Robbins.
____________________________________
Nays—None. Absent—Mayor Duggan, Council
City Clerk
Member Nagle.
City Manager requesting a public hearing be set
to act upon request of FDL Foods, Inc. for a partial
release of real estate mortgage for property sold to
Mr. Russ Steve, presented and read. Council
Member Kluesner moved that the communication
be received and filed and set Public Hearing for
11-20-95 at 7:00 p.m. and direct the City Clerk to
publish notice in the manner required by law.
Seconded by Council Member Robbins. Carried
by the following vote: Yeas—Mayor Pro-Tem
Voetberg, Council Members Kluesner, Krieg,
Nicholson, Robbins. Nays—None.
Absent—Mayor Duggan, Council Member Nagle.
At 7:57 P.M., Council Member Kluesner
moved to go into Closed Session in accordance
with Chapter 21.5 1.(c) "To discuss strategy with
counsel in matters that are presently in litigation."
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor Pro-
Tem Voetberg, Council Members Kluesner, Krieg,
Nicholson, Robbins. Nays—None.
Absent—Mayor Duggan, Council Member Nagle.
Council reconvened at 8:10 p.m. with statement
that direction was given to Legal Counsel
regarding litigation.
There being no further business, Council
Member Krieg moved to adjourn the meeting.
Seconded by Council Member Nicholson. Carried
by the following vote: Yeas—Mayor Pro-Tem
Voetberg, Council Members Kluesner, Krieg,
Nicholson, Robbins. Nays—None.
Absent—Mayor Duggan, Council Member Nagle.
Meeting adjourned at 8:11 p.m.
Mary A. Davis CMC
City Clerk
Approved ______________________, 1996.
Adopted _______________________, 1996.
Regular Session, November 20, 19951
and report. Seconded by Council Member
Voetberg. Carried by the following vote:
DUBUQUE
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg.
Nays—None. Absent—Council Member
CITY COUNCIL
Nicholson.
Corporation Counsel recommending settlement
of following claims and directing Finance Director
OFFICIAL
to issue proper checks: Personal injury of Amy E.
PROCEEDINGS
Hird in amount of $61.80; Truck damage of
Robert Schiel in amount of $194.68, presented and
read. Council Member Nagle moved that the
communications be received and filed and
City Council, Regular Session, November 20,
settlements approved with Finance Director to
1995
issue checks. Seconded by Council Member
Council met at 7:00 p.m., Public Library
Voetberg. Carried by the following vote:
Auditorium.
Yeas—Mayor Duggan, Council Members
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg.
Kluesner, Krieg, Nagle, Robbins, Voetberg, City
Nays—None. Absent—Council Member
Manager Michael Van Milligen, Corporation
Nicholson.
Counsel Barry A. Lindahl.
Absent: Council Member Nicholson.
Corporation Counsel advising following claims
have been referred to Crawford & Company, the
Mayor Duggan read the call and stated this is
agent for the Iowa Communities Assurance Pool:
the Regular Session of the City Council called for
Personal injury of Brent Brown; Personal injury of
the purpose to act upon such business which may
Jack Frain; Personal injury of Karla Gabriel;
properly come before the Council.
Personal injury of Debra Hauber, presented and
read. Council Member Nagle moved that the
Invocation was given by Rev. Msgr. Francis
communications be received and filed. Seconded
Friedl.
by Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Duggan, Council
Mayor Duggan presented the City with a
Members Kluesner, Krieg, Nagle, Robbins,
plaque from our Sister City, Handan, China and a
Voetberg. Nays—None. Absent—Council
Signed Agreement which was signed on his recent
Member Nicholson.
trip to China.
Charlene Crall submitting her resignation from
MINUTES SUBMITTED — Historic
Historic Preservation Commission and Tom Crall
Preservation Commission of 10-26; Housing
submitting his resignation from Anti Gang Task
Commission Trust Fund Committee of 11-3;
Force, Housing Commission and Housing
Human Rights Commission of 10-9; Un-approved
Commission Trust Fund Committee, presented and
of Investment Oversight Commission of 10-26;
read. Council Member Nagle moved that the
Library Board of Trustees of 10-26; Park &
communications be received and filed and
Recreation Commission of 10-24; Zoning
resignations and accepted with regret. Seconded
Commission of 11-1, presented and read. Council
by Council Member Voetberg. Carried by the
Member Nagle moved that the minutes be received
following vote: Yeas—Mayor Duggan, Council
and filed. Seconded by Council Member
Members Kluesner, Krieg, Nagle, Robbins,
Voetberg. Carried by the following vote:
Voetberg. Nays—None. Absent—Council
Yeas—Mayor Duggan, Council Members
Member Nicholson.
Kluesner, Krieg, Nagle, Robbins, Voetberg.
Nays—None. Absent—Council Member
Dubuque County Board of Supervisors
Nicholson.
submitting "Abstract of Votes" for General
Election held on November 7, 1995, presented and
Proof of Publication certified to by the
read. Council Member Nagle moved that the
Publisher on Couler Valley Urban Drainage
Abstract be received and filed. Seconded by
District, Quarterly Board of Health and City
Council Member Voetberg. Carried by the
Council meetings of 10-17-95, Proof of
following vote: Yeas—Mayor Duggan, Council
Publication on List of Claims paid for September,
Members Kluesner, Krieg, Nagle, Robbins,
1995, presented and read. Council Member Nagle
Voetberg. Nays—None. Absent—Council
moved that the proof and minutes be received and
Member Nicholson.
filed. Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Housing Services Manager advising of their
Duggan, Council Members Kluesner, Krieg,
appointment of Jim Giesen as liaison member to
Nagle, Robbins, Voetberg. Nays—None.
the Community Development Commission, and
Absent—Council Member Nicholson.
advising of resignation of Louise Zimmerman from
the Housing Commission, presented and read.
NOTICES OF CLAIMS/SUITS — EMC
Council Member Nagle moved that the
Insurance Companies by Kristin Tallman in the
communication be received and filed and approved
amount of $10,929.13 for property damages;
the appointment. Seconded by Council Member
Dianne M. Lenane in amount of $885.60 for
Voetberg. Carried by the following vote:
personal injuries; Jeff Treanor in amount of
Yeas—Mayor Duggan, Council Members
$325.00 for property damages, presented and read.
Kluesner, Krieg, Nagle, Robbins, Voetberg.
Council Member Nagle moved that the claims and
suits be referred to Legal Staff for investigation
2
Regular Session, November 20, 1995
Nays—None. Absent—Council MemberYeas—Mayor Duggan, Council Members
Nicholson.Kluesner, Krieg, Nagle, Robbins, Voetberg.
Nays—None. Absent—Council Member
City Manager advising of TelecommunicationsNicholson.
Legislation, presented and read. Council Member
Nagle moved that the communication be received
RESOLUTION NO. 382-95
and filed. Seconded by Council MemberWhereas, applications for Liquor Licenses have
Voetberg. Carried by the following vote:been submitted to this Council for
Yeas—Mayor Duggan, Council Membersapproval and the same have been examined and
Kluesner, Krieg, Nagle, Robbins, Voetberg.approved; and
Nays—None. Absent—Council MemberWhereas, the premises to be occupied by such
Nicholson.applicants were inspected and found to
comply with the State Laws and all City
City Manager submitting Dubuque CommunityOrdinances relevant thereto and they have filed
Advisory Panel update, presented and read.proper bonds.
Council Member Nagle moved that theNOW, THEREFORE, BE IT RESOLVED BY
communication be received and filed. SecondedTHE CITY COUNCIL OF THE CITY OF
by Council Member Voetberg. Carried by theDUBUQUE, IOWA:
following vote: Yeas—Mayor Duggan, CouncilThat the Manager be authorized to cause to be
Members Kluesner, Krieg, Nagle, Robbins,issued the following named applicants
Voetberg. Nays—None. Absent—Councila Liquor License.
Member Nicholson.CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
RESOLUTION NO. 380-95Paul F. RaschRasch's Wheelhouse
NOW, THEREFORE, BE IT RESOLVED BY+(Sunday & Outdoor)1630 E 16th
THE CITY COUNCIL OF THE CITY OFKahn Family EnterprPasta O'Sheas
DUBUQUE, IOWA:+(Sunday Sales)395 W. 9th St
That the following having complied with theAragon Tap, Inc.Aragon Tap, Inc
provisions of law relating to the sale+(Sunday Sales)1103 Iowa St
of Cigarettes within the City of Dubuque, Iowa, beRay F. HerzogBridge Restr.
granted a permit to sell Cigarettes and Cigarette+(Sunday Sales)31 Locust St
Papers within said City.Passed, approved and adopted this 20th day of
Tara's This That & I DunnoTara RoskoppNovember, 1995
1814 Central AveTerrance M. Duggan, Mayor
Passed, approved and adopted this 20th day ofAttest:
November, 1995.Karen M. Chesterman, Deputy City Clerk
Terrance M. Duggan, MayorCouncil Member Nagle moved adoption of the
Attest:Resolution. Seconded by Council Member
Karen M. Chesterman, Deputy City ClerkVoetberg. Carried by the following vote:
Council Member Nagle moved adoption of theYeas—Mayor Duggan, Council Members
Resolution. Seconded by Council MemberKluesner, Krieg, Nagle, Robbins, Voetberg.
Voetberg. Carried by the following vote:Nays—None. Absent—Council Member
Yeas—Mayor Duggan, Council MembersNicholson.
Kluesner, Krieg, Nagle, Robbins, Voetberg.
Nays—None. Absent—Council MemberBOARDS AND COMMISSIONS
Nicholson.
HOUSING COMMISSION:
RESOLUTION NO. 381-95Housing Commission applicants were invited to
Whereas, applications for Beer Permits haveaddress the Council regarding appointment. (Ruth
been submitted and filed to this Council forClark, Jim Holz, Denette Kellogg and Harry
approval and the same have been examined andNeustadt). Jim Holz addressed the Council.
approved; and
Whereas, the premises to be occupied by suchINVESTMENT OVERSIGHT
applicants were inspected and found to comply
COMMISSION:
with the Ordinances of this City and have filedInvestment Oversight Commission applicant
proper bonds.was invited to address the Council regarding
NOW, THEREFORE, BE IT RESOLVED BYappointment. (F. (Scott) Motto, CFA). F. (Scott)
THE CITY COUNCIL OF THE CITY OFMotto addressed the Council.
DUBUQUE, IOWA:
That the Manager be authorized to cause to beCouncil Member Nagle moved that the rules be
issued the following named applicants a Beersuspended to allow anyone present to address the
Permit.Council. Seconded by Council Member Voetberg.
CLASS "C" BEER PERMITCarried by the following vote: Yeas—Mayor
Rainbo Oil CompanyKwik Stop Food MartDuggan, Council Members Kluesner, Krieg,
+(Sunday Sales)2297 UniversityNagle, Robbins, Voetberg. Nays—None.
Passed, approved and adopted this 20th day ofAbsent—Council Member Nicholson.
November, 1995.
Terrance M. Duggan, MayorProof of Publication certified to by the
Attest:Publisher on Notice of Public Hearing to amend
Karen M. Chesterman, Deputy City Clerkcurrent FY'96 Budget and City Manager
Council Member Nagle moved adoption of therecommending approval of amendment, presented
Resolution. Seconded by Council Memberand read. Council Member Kluesner moved that
Voetberg. Carried by the following vote:the proof be received and filed. Seconded by
Regular Session, November 20, 19953
Council Member Nagle. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg.
Nays—None. Absent—Council Member
Nicholson.
Mr. Bud Isenhart, 8908 Quail Ridge Rd.,
questioned the impact concerning the TIF monies
on the county and school taxing entities.
4
Regular Session, November 20, 1995
******Budget inserted here.
Regular Session, November 20, 1995
Farm &SIC' Page 2
CITY BUDGET AMENDMENT AHD CERTIFICATION RESOLUTION
To Me Audios of ire
Tie Cowell el the Cry el Dubuzym
may. b,.a:
353
i%Crember 20 as said Vy(tataii.a) ,net an
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RESOLUTION Na_ 2(11,2
A RESOLUTION AMENDOIO THE CURRENT IUDGET FOR THE FISCAL TENT ENDIHG JUNE SO, 1D 96 (AS
ASCENDED LAST ON 1P—}
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-3 099 226
Regular Session, November 20, 19955
Council Member Kluesner moved adoption ofCity Manager recommending approval of
the Resolution. Seconded by Council Memberassignment of Sewer Use Agreement with FDL,
Nagle. Carried by the following vote:presented and read. Council Member Robbins
Yeas—Mayor Duggan, Council Membersmoved that this matter be tabled. Seconded by
Kluesner, Krieg, Nagle, Robbins, Voetberg.Council Member Krieg. Carried by the following
Nays—None. Absent—Council Membervote: Yeas—Mayor Duggan, Council Member
Nicholson.Kluesner, Krieg, Nagle, Robbins. Nays—Council
Member Voetberg. Absent—Council Member
Proof of Publication certified to by theNicholson.
Publisher on Notice of Public Hearing to grant a
partial release of FDL Foods, Inc. mortgage andCity Manager advising of Industrial Park
City Manager recommending approval of partialDevelopment Feasibility Study, presented and
release of mortgage, presented and read. Councilread. Council Member Krieg moved that the
Member Krieg moved that the proof andcommunication be received and filed. Seconded
communication be received and filed. Secondedby Council Member Nagle. Carried by the
by Council Member Nagle. Carried by thefollowing vote: Yeas—Mayor Duggan, Council
following vote: Yeas—Mayor Duggan, CouncilMembers Kluesner, Krieg, Nagle, Robbins,
Members Kluesner, Krieg, Nagle, Robbins,Voetberg. Nays—None. Absent—Council
Voetberg. Nays—None. Absent—CouncilMember Nicholson.
Member Nicholson.
RESOLUTION 385-95
RESOLUTION NO. 384-95A RESOLUTION APPROVING THE
RESOLUTION APPROVING A PARTIALSELECTION OF A CONSULTANT TO
RELEASE OF REAL ESTATE MORTGAGEPREPARE AN INDUSTRIAL PARK
EXECUTED BY FDL FOODS, INC.DEVELOPMENT FEASIBILITY STUDY
Whereas, on December 6, 1982, FDL Foods,FOR THE CITY OF DUBUQUE AND
Inc. executed a real estate mortgage as security for
AUTHORIZING THE CITY MANAGER TO
loans from the City of Dubuque, Iowa, totalingEXECUTE AN APPROPRIATE CONTRACT
$3,550,000; andFOR SAID STUDY.
Whereas, said real estate mortgage wasWhereas, the City of Dubuque, Iowa has
recorded in the records of the Office of theidentified the need for industrial development sites
Recorder of the County of Dubuque, Iowa, onas a top community priority; and
December 9, 1982, as Instrument #6742-82; andWhereas, the City of Dubuque, Iowa continues
Whereas, FDL Foods, Inc. has requested thatto work in partnership with the private sector to
the City release from said mortgage a lot whichprovide economic development opportunities in the
FDL Foods, Inc. has sold to Mr. Russ Steve andcommunity; and
which lot is legally described in the Partial ReleaseWhereas, a Request for Proposals solicited
of Real Estate Mortgage attached hereto and byconsultant services to prepare an Industrial Park
this reference made a part hereof; andDevelopment Feasibility Study; and
Whereas, pursuant to published notice, the CityWhereas, Yaggy Colby Associates of Mason
Council has held a public hearing on NovemberCity, Iowa and Rochester, Minnesota is
20, 1995, to consider disposing of its interest in therecommended to complete the Industrial Park
property which is proposed for release; andDevelopment Feasibility Study.
Whereas, the City Council believes that it is inNOW, THEREFORE, BE IT RESOLVED BY
the public interest to approve the requested partialTHE CITY COUNCIL OF THE CITY OF
release of real estate mortgage.DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVED BYSection 1. That the selection of Yaggy Colby
THE CITY COUNCIL OF THE CITY OFAssociates as the consultant to prepare an
DUBUQUE, IOWA:Industrial Park Development Feasibility Study for
Section 1. That the Partial Release of Realthe City of Dubuque is hereby approved.
Estate Mortgage, attached hereto, is herebySection 2. That the City Manager is hereby
approved.authorized to execute, on behalf of the City
Section 2. That the City Manager is herebyCouncil of the City of Dubuque, Iowa, a contract
authorized and directed to execute, on behalf of thewith Yaggy Colby Associates for consultant
City of Dubuque, Iowa, said Partial Release ofservices not to exceed $35,000.00.
Real Estate Mortgage.Passed, approved and adopted this 20th day of
Section 3. That the City Clerk is herebyNovember, 1995.
authorized and directed to have a copy of theTerrance M. Duggan, Mayor
executed release recorded in the records of theAttest:
Office of Recorder of the County of Dubuque,Karen M. Chesterman, Deputy City Clerk
Iowa.Council Member Krieg moved adoption of the
Passed, approved and adopted this 20th day ofResolution. Seconded by Council Member Nagle.
November, 1995.Carried by the following vote: Yeas—Mayor
Terrance M. Duggan, MayorDuggan, Council Members Kluesner, Krieg,
Attest:Nagle, Robbins, Voetberg. Nays—None.
Karen M. Chesterman, Deputy City ClerkAbsent—Council Member Nicholson.
Council Member Krieg moved adoption of the
Resolution. Seconded by Council Member Nagle.City Manager advising of Staff's denial of final
Carried by the following vote: Yeas—Mayorplat for portion of Copper Field Subdivision,
Duggan, Council Members Kluesner, Krieg,presented and read. Council Member Krieg moved
Nagle, Robbins, Voetberg. Nays—None.that the communication be received and filed.
Absent—Council Member Nicholson.Seconded by Council Member Nagle. Carried by
the following vote: Yeas—Mayor Duggan,
6
Regular Session, November 20, 1995
Council Members Kluesner, Krieg, Nagle,plans approved by the City Engineer, and
Robbins, Voetberg. Nays—None.inspected by the City Engineer.
Absent—Council Member Nicholson.c.To construction detention facilities in
accordance with the City of Dubuque standard
Attorney Brian Kane, for Mr. & Mrs. Mond,specifications, all in a manner acceptable to the
requested plat be approved.City Engineer, and in accordance with
construction improvement plans approved by
RESOLUTION NO. 387-95the City Engineer, and inspected by the City
A RESOLUTION APPROVING THE FINALEngineer.
d.To install a sanitary sewer lift station and force
PLAT OF LOTS 1 THRU 13; LOT A AND
LOT B, COPPER FIELD SUBDIVISION INmain to serve all 13 lots in the event that a
THE CITY OF DUBUQUE, IN DUBUQUE,gravity sewer is not available, all in accordance
with City of Dubuque standard specifications in
COUNTY.
Whereas, there has been filed with the Citya manner acceptable to the City Engineer, and
Clerk a final plat of Lots 1 thru 13; Lot A and Lotin accordance with construction improvement
B, Copper Field Subdivision in the City ofplans approved by the City Engineer, and
Dubuque, Iowa; andinspected by the City Engineer.
Whereas, upon said final plat appear street(s)e.To construct said improvements, prior to two
to be known as Copper Field and Mill Run,(2) year(s) from the date of acceptance of this
together with certain public utility and sanitaryresolution, at the sole expense of the owners, or
sewer and storm sewer easements which thefuture owners;
owners by said final plat have dedicated to thef.To maintain the public improvements, for a
public forever; andperiod of two (2) years from the date of the
Whereas, the preliminary plat has beenacceptance of those improvements by the City
examined by the Zoning Commission and had itsof Dubuque, Iowa, at the sole expense of the
approval endorsed thereon; andowners, or future owners;
Whereas, said final plat has been reviewed byAnd further provided that said Carl Burbach, as
the City Planner and had his/her approval endorsedowners of said property, shall secure the
thereon, subject to the owners agreeing to theperformance of the foregoing conditions provided
conditions noted in Section 2 below; andin this Section by providing guarantees in such
Whereas, said final plat has been examined byform and with such sureties as may be acceptable
the City Council and they find that it conforms toto the City Manager of the City of Dubuque, Iowa.
the statutes and ordinances relating to it, exceptSection 3. Sidewalk installation shall be the
that no streets or public utilities have yet beenresponsibility of the owners of the property
constructed or installed; andabutting the public right-of-way, as required by
Whereas, the City Council concurs in theCity Code 41-161 through 41-164. The
conditions of approval established by the Zoningresponsibility shall extend to all successors, heirs
Commission and the City Planner.and assignees. Sidewalk installation will not be
NOW, THEREFORE, BE IT RESOLVED BYrequired until the development of the lot has been
THE CITY COUNCIL OF THE CITY OFcompleted, except as required herein. In sparsely
DUBUQUE, IOWA:developed subdivisions, sidewalks on developed
Section 1. That the dedications of Copper Fieldlots will not be required until 50% of the lots
and Mill Run (Lot A), together with the easementsapproved by the plat have been developed. All
for public utilities, sanitary sewer, storm sewer andvacant lots shall have sidewalks installed upon
water mains as they appear upon said final plat, bedevelopments of 80% of the lots approved by the
and the same are hereby accepted; andplat.
Section 2. That the plat of Lots 1 thru 13; LotSection 4. That Carl Burbach will form a
A and Lot B, Copper Field Subdivision is herebyproperty owner's association to assume ownership
approved and the Mayor and City Clerk are herebyand maintain responsibility for the storm water
authorized and directed to endorse the approval ofdetention facilities.
the City of Dubuque, Iowa, upon said final plat,Section 5. That final acceptance of all public
provided the owners of said property herein named,improvements shall occur upon certification of the
execute their written acceptance hereto attachedCity Engineer to the City Council that public
agreeing:improvements have been completed in accordance
a.To reduce Copper Field and Mill Run to gradewith the improvement plans and City standards,
and to construct concrete curb and gutter and tospecifications and accepted by City Council
hard surface with asphaltic concrete, or withResolution.
concrete paving with integral curb, all inSection 6. That in the event Carl Burbach shall
accordance with the City of Dubuque standardfail to execute the acceptance and furnish the
specifications, all in a manner acceptable to theguarantees provided in Section 2 hereof within 45
City Engineer, and in conformance withdays after the date of this Resolution, the
construction improvement plans approved byprovisions hereof shall be null and void and the
the City Engineer, and inspected by the Cityacceptance of the dedication and approval of the
Engineer.plat shall not be effective.
b.To install sanitary sewer mains and sewerPassed, approved and adopted this 20th day of
service laterals into each individual lot, waterNovember, 1995.
mains and water service laterals into eachTerrance M. Duggan, Mayor
individual lot, storm sewers and catch basins,Attest:
boulevard street lighting and erosion controlKaren M. Chesterman, Deputy City Clerk
devices all in accordance with the City ofACCEPTANCE OF RESOLUTION
Dubuque standard specifications, all in aNO. 387-95
manner acceptable to the City Engineer, and inI, the undersigned, Carl Burbach, having read
accordance with construction improvementthe terms and conditions of the Resolution No.
Regular Session, November 20, 19957
387-95 and being familiar with the conditionsDubuque, Iowa, upon said final plat, provided the
thereof, hereby accept this same and agree to theowners of said property herein named, execute
conditions required therein.their written acceptance hereto attached agreeing:
Dated in Dubuque, Iowa this day of a.To reduce Deerwood Circle to grade and to
, 1995.construct concrete curb and gutter and to hard
By: surface with asphaltic concrete, or with
concrete paving with integral curb, all in
NOT SIGNED AS OF MAY 21, 1996accordance with the standard specifications.
Carl Burbachb.To install sanitary sewer mains and sewer
Council Member Voetberg moved adoption ofservice laterals into each individual unit, water
the Resolution, with conditions that the islands inmains and water service laterals into each
the cul-de-sacs be deleted and that the City assumeindividual unit and erosion control devices all
ownership and maintenance responsibilities of thein accordance with the standard specifications.
storm water detention facilities and that futurec.To construct said improvements, prior to one
property owners be assessed for the detention basinyear from the date of acceptance of this
maintenance. Seconded by Council Memberresolution, at the sole expense of the owners, or
Nagle. Carried by the following vote:future owners;
Yeas—Mayor Duggan, Council Membersd.To maintain the public improvements, for a
Kluesner, Krieg, Nagle, Robbins, Voetberg.period of two (2) years from the date of the
Nays—None. Absent—Council Memberacceptance of those improvements by the City
Nicholson.of Dubuque, Iowa, at the sole expense of the
owners, or future owners;
City Manager recommending approval of platAnd further provided that said James W. Stock
for portion of Oak Meadow Addition Subdivision,and Nancy S. Stock, as owners of said property,
presented and read. Council Member Nagleshall secure the performance of the foregoing
moved that the communication be received andconditions provided in this Section by providing
filed. Seconded by Council Member Krieg.guarantees in such form and with such sureties as
Carried by the following vote: Yeas—Mayormay be acceptable to the City Manager of the City
Duggan, Council Members Kluesner, Krieg,of Dubuque, Iowa.
Nagle, Robbins, Voetberg. Nays—None.Section 3. The final acceptance of all public
Absent—Council Member Nicholson.improvements shall occur upon certification of the
City Engineer to the City Council that all public
RESOLUTION NO. 386-95improvements have been completed in accordance
with the improvement plans and City standard
A RESOLUTION APPROVING THE PLAT
specifications and acceptance by City Council
OF PLAT OF SURVEY LOTS 1 THRU 4
INCLUSIVE AND LOT A BLOCK 2 OF OAKresolution.
MEADOW OF SECOND ADDITION IN THESection 4. That in the event James W. and
Nancy S. Stock shall fail to execute the acceptance
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the Cityand furnish the guarantees provided in Section 2
Clerk a Plat of Survey of Lots 1 thru 4 inclusivehereof within 45 days after the date of this
and Lot A of Block 2 of Oak Meadow SecondResolution, the provisions hereof shall be null and
Addition in the City of Dubuque, Iowa; andvoid and the acceptance of the dedication and
Whereas, upon said final plat appear certainapproval the plat shall not be effective.
public utility sanitary sewer easement which thePassed, approved and adopted this 20th day of
owners by said final plat have dedicated to theNovember, 1995.
public forever; andTerrance M. Duggan, Mayor
Whereas, the preliminary plat has beenAttest:
examined by the Zoning Commission and had itsKaren M. Chesterman, Deputy City Clerk
approval endorsed thereon; andACCEPTANCE OF RESOLUTION
Whereas, said final plat has been reviewed byNO. 386-95
the City Planner and had his/her approval endorsedWe, the undersigned, James W. Stock and
thereon, subject to the owners agreeing to theNancy S. Stock, having read the terms and
conditions noted in Section 2 below; andconditions of the Resolution No. 386-95 and being
Whereas, said final plat has been examined byfamiliar with the conditions thereof, hereby accept
the City Council and they find that it conforms tothis same and agree to the conditions required
the statutes and ordinances relating to it, excepttherein.
that no streets or public utilities have yet beenDated in Dubuque, Iowa this day of
constructed or installed; and , 1995.
Whereas, the City Council concurs in theNOT SIGNED AS OF MAY 21, 1996
conditions of approval established by the ZoningBy:
Commission and the City Planner.James W. Stock
NOW, THEREFORE, BE IT RESOLVED BYBy:
THE CITY COUNCIL OF THE CITY OFNancy S. Stock
DUBUQUE, IOWA:Council Member Nagle moved adoption of the
Section 1. That the dedications of theResolution. Seconded by Council Member Krieg.
easements for public utilities and sanitary sewer, asCarried by the following vote: Yeas—Mayor
they appear upon said final plat, be and the sameDuggan, Council Members Kluesner, Krieg,
are hereby accepted; andNagle, Robbins, Voetberg. Nays—None.
Section 2. That the Plat of Survey Lots 1 thruAbsent—Council Member Nicholson.
4 inclusive and Lot A of Block 2 of Oak Meadow
Second Addition is hereby approved and theCity Manager recommending approval of
Mayor and City Clerk are hereby authorized andagreement for Cable Car Square Historic Lighting
directed to endorse the approval of the City ofISTEA project, presented and read. Council
8
Regular Session, November 20, 1995
Member Kluesner moved that the communicationto a point of 40 feet north of E. 7th Street, first
be received and filed. Seconded by Councilreading given on 11-6, presented for further action.
Member Voetberg. Carried by the following vote:
Yeas—Mayor Duggan, Council Members(OFFICIAL PUBLICATION)
Kluesner, Krieg, Nagle, Robbins, Voetberg.ORDINANCE NO. 70-95
Nays—None. Absent—Council Member
AN ORDINANCE AMENDING SECTION
Nicholson.32-262(e) OF THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE, IOWA
Claudia Jones, Executive Dir. of DubuqueRESTRICTING PARKING TO FIFTEEN
Main St., spoke of the very positive response by
MINUTES ON DESIGNATED STREETS OR
the Fourth St. area to this project. PORTIONS THEREOF ADDING CERTAIN
PORTIONS OF WHITE STREET
NOW, THEREFORE, BE IT ORDAINED BY
RESOLUTION NO. 388-95
THE CITY COUNCIL OF THE CITY OF
RESOLUTION APPROVING AN
AGREEMENT WITH THE IOWADUBUQUE, IOWA:
DEPARTMENT OF TRANSPORTATIONSection 1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding to
FOR THE CABLE CAR SQUARE
HISTORIC LIGHTINGSubsection (e) of Section 32-262 the following:
TRANSPORTATION ENHANCEMENTWhite Street, east side, from East Seventh
PROJECT.Street to a point of forty (40) feet north of East
Whereas, Dubuque Main Street LimitedSeventh Street
(DMSL) has been awarded a $65,552 grant for thePassed, approved and adopted this 20th day of
Cable Car Square Historic Lighting TransportationNovember, 1995.
Enhancement Project; andTerrance M. Duggan, Mayor
Whereas, DMSL has the necessary 20%Attest:
matching funds of $16,388 available for thisKaren M. Chesterman, Deputy City Clerk
project; andPublished officially in the Telegraph Herald
Whereas, the Iowa Department ofthis 29th day of November, 1995.
Transportation (IDOT) requires approval of anKaren M. Chesterman, Deputy City Clerk
agreement for this project with the City.1t 12/12
NOW, THEREFORE, BE IT RESOLVED BYCouncil Member Voetberg moved that the
THE CITY COUNCIL OF THE CITY OF
requirement that a proposed Ordinance be
DUBUQUE, IOWA:considered and voted on for passage at two
Section 1. That the Mayor is hereby authorizedCouncil Meetings prior to the meeting at which it
to sign and submit this Agreement to the IDOT.is to be finally passed be suspended. Seconded by
Section 2. That DMSL stipulates that the
Council Member Nagle. Carried by the following
organization has the required 20% matching fundsvote: Yeas—Mayor Duggan, Council Members
available for this grant.Kluesner, Krieg, Nagle, Robbins, Voetberg.
Section 3. That the City of Dubuque stipulatesNays—None. Absent—Council Member
that it will assume responsibility for adequate
Nicholson.
maintenance of any new or improved facilities asCouncil Member Voetberg moved final
a result of this application for a minimum of 20consideration and passage of the Ordinance.
years following project completion.
Seconded by Council Member Nagle. Carried by
Section 4. That the City of Dubuque andthe following vote: Yeas—Mayor Duggan,
DMSL hereby agree to abide by the terms of thisCouncil Members Kluesner, Krieg, Nagle,
agreement with IDOT.Robbins, Voetberg. Nays—None.
Passed, approved and adopted this 20th day of
Absent—Council Member Nicholson.
November, 1995.
Terrance M. Duggan, MayorCity Manager submitting changes to the City
Attest:Code of Ordinances to be consistent with recent
Karen M. Chesterman, Deputy City Clerk
changes in the Iowa Code, presented and read.
Council Member Kluesner moved adoption ofCouncil Member Voetberg moved that the
the Resolution. Seconded by Council Membercommunication be received and filed. Seconded
Voetberg. Carried by the following vote:
by Council Member Nagle. Carried by the
Yeas—Mayor Duggan, Council Membersfollowing vote: Yeas—Mayor Duggan, Council
Kluesner, Krieg, Nagle, Robbins, Voetberg.Members Kluesner, Krieg, Nagle, Robbins,
Nays—None. Absent—Council MemberVoetberg. Nays—None. Absent—Council
Nicholson.
Member Nicholson.
City Manager submitting ordinance providingAn Ordinance Amending certain sections of the
for 15 minute parking on portion of White St.,City Code of Ordinances and enacting new
presented and read. Council Member Voetberg
Sections 5-6, 5-7(a) and 33-3 to be consistent with
moved that the communication be received andrecent changes in the Iowa Code, first reading
filed. Seconded by Council Member Nagle.given 11-6, presented for further action.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
(OFFICIAL PUBLICATION)
Nagle, Robbins, Voetberg. Nays—None.ORDINANCE NO. 71-95
Absent—Council Member Nicholson.
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
An Ordinance Amending Section 32-262(e) ofREPEALING SECTION 5-6, PROHIBITING
the Code of Ordinances restricting parking to 15CONSUMPTION OF ALCOHOLIC
minutes on White Street, east side, from E. 7th St.
LIQUOR, WINE OR BEER IN PUBLIC
Regular Session, November 20, 19959
(a) It shall be unlawful for any person to
PLACES; AND ADOPTING A NEW
SECTION 5-6, PROHIBITINGwillfully prevent, resist or obstruct or attempt to
CONSUMPTION OF ALCOHOLICprevent, resist or obstruct any city employee from
LIQUOR, WINE OR BEER IN PUBLICthe performance of any official duty.
(b) It shall be unlawful for any person to
PLACES; BY REPEALING SECTION 5-7(a),
PROHIBITING THE SALE OFcommunicate by any means, any threat of bodily
ALCOHOLIC LIQUOR, WINE OR BEERor property harm to any police officer, member of
the fire department or other city employee or to
TO PERSONS UNDER THE AGE OF
any member of their family during the course of, or
EIGHTEEN, AND ADOPTING A NEW
SECTION 5-7(a) PROHIBITING THE SALEas a result of, the performance of any official duty
OF ALCOHOLIC LIQUOR, WINE ORby said police officer, member of the fire
department or city employee in which the police
BEER TO PERSONS UNDER THE AGE OF
EIGHTEEN; BY REPEALING SECTION 32-officer, member of the fire department, or city
134, PROHIBITING DRIVING WHILEemployee is identified as such.
LICENSE DENIED, SUSPENDED ORSection 8. This Ordinance shall take effect
upon publication.
REVOKED; AND BY REPEALING
SECTION 33-3, PROHIBITINGPassed, approved and adopted this 20th day of
HARASSMENT OF CITY EMPLOYEESNovember, 1995.
Terrance M. Duggan, Mayor
AND ADOPTING A NEW SECTION 33-3
Attest:
PROHIBITING HARASSMENT OF CITY
EMPLOYEES. Karen M. Chesterman, Deputy City Clerk
NOW, THEREFORE, BE IT ORDAINED BYPublished officially in the Telegraph Herald
THE CITY COUNCIL OF THE CITY OFthis 29th day of November, 1995.
DUBUQUE, IOWA:Karen M. Chesterman, Deputy City Clerk
Section 1. Section 5-6 of the City of Dubuque1t 11/29
Code of Ordinances is hereby repealed.Council Member Voetberg moved that the
Section 2. The following new Section 5-6 is
requirement that a proposed Ordinance be
hereby adopted:considered and voted on for passage at two
Sec. 5-6. Consumption in public places.Council Meetings prior to the meeting at which it
It is unlawful for any person to use or consumeis to be finally passed be suspended. Seconded by
alcoholic liquors, wine or beer upon the public
Council Member Nagle. Carried by the following
streets or highways, or alcoholic liquors in anyvote: Yeas—Mayor Duggan, Council Members
public place, except premises covered by a liquorKluesner, Krieg, Nagle, Robbins, Voetberg.
control license, or to possess or consume alcoholicNays—None. Absent—Council Member
liquors, wine or beer on any public school property
Nicholson.
or while attending any public or private school-Council Member Voetberg moved final
related functions. As used in this Section, "school"consideration and passage of the Ordinance.
means a school or that portion of a school, which
Seconded by Council Member Nagle. Carried by
provides teaching for any grade from kindergartenthe following vote: Yeas—Mayor Duggan,
through grade twelve (12).Council Members Kluesner, Krieg, Nagle,
Section 3. Section 5-7(a) of the City ofRobbins, Voetberg. Nays—None.
Dubuque Code of Ordinances is hereby repealed.
Absent—Council Member Nicholson.
Section 4. The following new Section 5-7(a) is
hereby adopted:City Manager submitting ordinances allowing
Sec. 5-7. Persons under age twenty-one.for installation of stop signs at the following
(a) Persons under the age of eighteen. Alocations: Lincoln Ave. at Fengler St., Iowa St. at
person shall not sell, give or otherwise supplyWest 17th St., all intersections along Van Buren
alcoholic liquor, wine or beer to any personSt. and Fengler at Garfield and a "Yield" sign at
knowing or having reasonable cause to believe thatCherokee Drive and Marion St., presented and
person to be under the age of eighteen (18), and aread. Council Member Robbins moved that the
person or persons under the age of eighteen (18)communication be received and filed. Seconded
shall not purchase or attempt to purchase orby Council Member Voetberg. Carried by the
individually or jointly have alcoholic liquor, winefollowing vote: Yeas—Mayor Duggan, Council
or beer in their possession or control; except in theMembers Kluesner, Krieg, Nagle, Robbins,
case of liquor, wine or beer given or dispensed toVoetberg. Nays—None. Absent—Council
a person under the age of eighteen (18) within aMember Nicholson.
private home and with the knowledge, presence
and consent of the parent or guardian for beverageAn Ordinance Amending Code of Ordinances
or medicinal purposes or as administered to theby revising subsection (b) of Section 32-213
person by either a physician or dentist forproviding for the change of through street
medicinal purposes and except to the extent that adesignation for Lincoln Avenue, first reading given
person under the age of eighteen (18) may handle11-6, presented for further action. Council
alcoholic beverages, wine and beer during theMember Robbins moved that this be considered the
regular course of the person's employment by asecond reading of the Ordinance. Seconded by
liquor control licensee, or wine or beer permitteeCouncil Member Voetberg. Carried by the
under this Chapter.following vote: Yeas—Mayor Duggan, Council
Section 5. Section 32-134 of the City ofMembers Krieg, Nagle, Robbins, Voetberg.
Dubuque Code of Ordinances is hereby repealed.Nays—Council Member Kluesner.
Section 6. Section 33-3 of the City of DubuqueAbsent—Council Member Nicholson.
Code of Ordinances is hereby repealed.
Section 7. The following new Section 33-3 isAn Ordinance Amending Code of Ordinances
hereby adopted:by modifying subsection (b) of Section 32-214
Sec. 33-3. Harassment of city employees.providing for addition of stop signs at Lincoln
10
Regular Session, November 20, 1995
Avenue and Fengler Street, first reading given onDUBUQUE, IOWA BY ADDING VAN
11-6, presented for further action. Council
BUREN STREET AS A THROUGH STREET
Member Robbins moved that this be considered the
IN SUBSECTION (b) OF SECTION 32-213
second reading of the Ordinance. Seconded byNOW, THEREFORE, BE IT ORDAINED BY
Council Member Voetberg. Carried by theTHE CITY COUNCIL OF THE CITY OF
following vote: Yeas—Mayor Duggan, CouncilDUBUQUE, IOWA:
Members Krieg, Nagle, Robbins, Voetberg.Section 1. That the Code of Ordinances of the
Nays—Council Member Kluesner.City of Dubuque, Iowa be amended by adding Van
Absent—Council Member Nicholson.Buren Street to Subsection (b), of Section 32-213
thereof as follows:
An Ordinance Amending Code of Ordinances"Sec. 32-213. Entering Through Streets.
by modifying subsection (b) of Section 32-214(b)
providing for addition of a stop sign at Iowa Street* * * *
and West 17th Street, first reading given 11-6,Van Buren Street, from the north property line
presented for further action.of University Avenue to the south property line
of Pennsylvania Avenue
Passed, approved and adopted this 20th day of
(OFFICIAL PUBLICATION)
ORDINANCE NO. 72-95November, 1995.
AN ORDINANCE AMENDING THE CODETerrance M. Duggan, Mayor
OF ORDINANCES OF THE CITY OFAttest:
Karen M. Chesterman, Deputy City Clerk
DUBUQUE, IOWA, BY MODIFYING
SUBSECTION (b) OF SECTION 32-214Published officially in the Telegraph Herald
THEREOF PROVIDING FOR THEthis 29th day of November, 1995.
ADDITION OF A STOP SIGN AT IOWAKaren M. Chesterman, Deputy City Clerk
STREET AND WEST SEVENTEENTH1t 11/29
STREETCouncil Member Voetberg moved that the
NOW, THEREFORE, BE IT ORDAINED BYrequirement that a proposed Ordinance be
THE CITY COUNCIL OF THE CITY OFconsidered and voted on for passage at two
DUBUQUE, IOWA:Council Meetings prior to the meeting at which it
Section 1. That the Code of Ordinances of theis to be finally passed be suspended. Seconded by
City of Dubuque, Iowa be amended by addingCouncil Member Krieg. Carried by the following
Iowa Street to Subsection (b) of Section 32-214
vote: Yeas—Mayor Duggan, Council Members
thereof as follows:Kluesner, Krieg, Nagle, Robbins, Voetberg.
"Sec. 32-214. Stop Intersections.Nays—None. Absent—Council Member
(b)Nicholson. Council Member Voetberg moved
* * * * Northbound
final consideration and passage of the Ordinance.
Iowa Street and West Seventeenth Street."Seconded by Council Member Krieg. Carried by
Passed, approved and adopted this 20th day ofthe following vote: Yeas—Mayor Duggan,
November, 1995.Council Members Kluesner, Krieg, Nagle,
Terrance M. Duggan, Mayor
Robbins, Voetberg. Nays—None.
Attest:Absent—Council Member Nicholson.
Karen M. Chesterman, Deputy City Clerk
Published officially in the Telegraph HeraldAn Ordinance Amending Code of Ordinances
this 29th day of November, 1995.by modifying subsection (b) of Section 32-214
Karen M. Chesterman, Deputy City Clerkthereof providing for addition of stop sign at
1t 11/29intersection of Fengler St. and Garfield St. first
Council Member Voetberg moved that thereading given 11-6, presented for further action.
requirement that a proposed Ordinance be
considered and voted on for passage at two(OFFICIAL PUBLICATION)
Council Meetings prior to the meeting at which it
ORDINANCE NO. 74-95
is to be finally passed be suspended. Seconded byAN ORDINANCE AMENDING THE CODE
Council Member Krieg. Carried by the following
OF ORDINANCES OF THE CITY OF
vote: Yeas—Mayor Duggan, Council Members
DUBUQUE, IOWA, BY MODIFYING
Kluesner, Krieg, Nagle, Robbins, Voetberg.SUBSECTION (b) OF SECTION 32-214
Nays—None. Absent—Council MemberTHEREOF PROVIDING FOR THE
Nicholson. Council Member Voetberg moved
ADDITION OF STOP SIGNS AT THE
final consideration and passage of the Ordinance.
INTERSECTION OF FENGLER STREET
Seconded by Council Member Krieg. Carried byAND GARFIELD AVENUE
the following vote: Yeas—Mayor Duggan,NOW, THEREFORE, BE IT ORDAINED BY
Council Members Kluesner, Krieg, Nagle,THE CITY COUNCIL OF THE CITY OF
Robbins, Voetberg. Nays—None.
DUBUQUE, IOWA:
Absent—Council Member Nicholson.Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
An Ordinance Amending Code of OrdinancesFengler Street to Subsection (b) of Section 32-214
by adding Van Buren Street as a through street in
thereof as follows:
subsection (b) of Section 32-213, first reading"Sec. 32-214. Stop Intersections.
given 11-6, presented for further action. (b)
* * * * Eastbound and Westbound
(OFFICIAL PUBLICATION)Fengler Street and Garfield Avenue
ORDINANCE NO. 73-95Passed, approved and adopted this 20th day of
AN ORDINANCE AMENDING THE CODENovember, 1995.
OF ORDINANCES OF THE CITY OFTerrance M. Duggan, Mayor
Regular Session, November 20, 199511
Attest:Robbins, Voetberg. Nays—None.
Karen M. Chesterman, Deputy City ClerkAbsent—Council Member Nicholson.
Published officially in the Telegraph Herald
this 29th day of November, 1995.Zoning Commission advising of their approval
to rezone property at 3556 Crescent Ridge from
Karen M. Chesterman, Deputy City Clerk
1t 11/29AG to PUD with a PR Designation as requested by
Council Member Voetberg moved that theMercy Housing and Dubuque Housing Initiative,
requirement that a proposed Ordinance bepresented and read. Council Member Kluesner
moved that the communication be received and
considered and voted on for passage at two
Council Meetings prior to the meeting at which itfiled. Seconded by Council Member Voetberg.
is to be finally passed be suspended. Seconded byCarried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Council Member Krieg. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersNagle, Robbins, Voetberg. Nays—None.
Kluesner, Krieg, Nagle, Robbins, Voetberg.Absent—Council Member Nicholson.
Nays—None. Absent—Council Member
An Ordinance Amending Zoning Map by
Nicholson. Council Member Voetberg moved
final consideration and passage of the Ordinance.reclassifying property located South of Crescent
Seconded by Council Member Krieg. Carried byRidge and East of English Mill Road from AG
the following vote: Yeas—Mayor Duggan,Agricultural District to PUD Planned Unit
Development District with a PR Planned
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg. Nays—None.Residential District designation and adopting a
Absent—Council Member Nicholson.Conceptual Development Plan, with conditions,
presented and read. Council Member Kluesner
An Ordinance Amending Code of Ordinancesmoved that a Public Hearing be held on the
by modifying subsection (b) of Section 32-214proposed Ordinance on the 18th day of December,
providing for the addition of a yield sign at1995, at 7:00 o'clock p.m. at the Public Library
Auditorium and that the City Clerk be directed to
Cherokee Drive and Marion Street first reading
given 11-6, presented for further action. publish notice in the manner prescribed by law.
Seconded by Council Member Voetberg. Carried
by the following vote: Yeas—Mayor Duggan,
(OFFICIAL PUBLICATION)
Council Members Kluesner, Krieg, Nagle,
ORDINANCE NO. 75-95
AN ORDINANCE AMENDING THE CODERobbins, Voetberg. Nays—None.
Absent—Council Member Nicholson.
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY MODIFYING
Zoning Commission advising of their approval
SUBSECTION (b) OF SECTION 32-216
THEREOF PROVIDING FOR THEto rezone property at 1095 Cedar Cross Road from
AG to PUD with a PC Planned Commercial
ADDITION OF A YIELD SIGN AT THE
designation, With Conditions, as requested by
INTERSECTION OF CHEROKEE DRIVE
AND MARION STREETBenkel, Inc., presented and read. Council Member
NOW, THEREFORE, BE IT ORDAINED BYKluesner moved that the communication be
THE CITY COUNCIL OF THE CITY OFreceived and filed. Seconded by Council Member
Robbins. Carried by the following vote:
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of theYeas—Mayor Duggan, Council Members
City of Dubuque, Iowa be amended by addingKluesner, Krieg, Nagle, Robbins, Voetberg.
Cherokee Drive to Subsection (b) of Section 32-Nays—None. Absent—Council Member
Nicholson.
216 thereof as follows:
"Sec. 32-216. Yield Intersections.
(b)An Ordinance Amending Zoning Map by
reclassifying property located at 1095 Cedar Cross
* * * * (1) Northbound Vehicles
Cherokee Drive and Marion StreetRoad from AG Agricultural District to PUD
Passed, approved and adopted this 20th day ofPlanned Unit Development District with a PC
November, 1995.Planned Commercial District designation and
adopting a Conceptual Development Plan, with
Terrance M. Duggan, Mayor
Attest:Conditions, presented and read. Council Member
Karen M. Chesterman, Deputy City ClerkKluesner moved that the requirement that a
proposed Ordinance be considered and voted on
Published officially in the Telegraph Herald
for passage at two Council Meetings prior to the
this 29th day of November, 1995.
Karen M. Chesterman, Deputy City Clerkmeeting at which it is to be finally passed be
1t 11/29suspended. Seconded by Council Member
Robbins. Carried by the following vote:
Council Member Voetberg moved that the
requirement that a proposed Ordinance beYeas—Mayor Duggan, Council Members
considered and voted on for passage at twoKluesner, Krieg, Nagle, Robbins, Voetberg.
Nays—None. Absent—Council Member
Council Meetings prior to the meeting at which it
Nicholson. Council Member Kluesner moved that
is to be finally passed be suspended. Seconded by
Council Member Krieg. Carried by the followinga Public Hearing be held on the proposed
vote: Yeas—Mayor Duggan, Council MembersOrdinance on the 4th day of December, 1995, at
7:00 o'clock p.m. at the Public Library Auditorium
Kluesner, Krieg, Nagle, Robbins, Voetberg.
and that the City Clerk be directed to publish
Nays—None. Absent—Council Member
Nicholson. Council Member Voetberg movednotice in the manner prescribed by law. Seconded
final consideration and passage of the Ordinance.by Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
Seconded by Council Member Krieg. Carried by
Members Kluesner, Krieg, Nagle, Robbins,
the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
12
Regular Session, November 20, 1995
Voetberg. Nays—None. Absent—CouncilTerrance M. Duggan, Mayor
Member Nicholson.Attest:
Karen M. Chesterman, Deputy City Clerk
Zoning Commission advising of their denial ofCouncil Member Kluesner moved adoption of
request to rezone property located at 1927the Resolution. Seconded by Council Member
University Avenue from R-3 to C-1 as requestedNagle. Carried by the following vote:
by Marianne Healey and Commission furtherYeas—Mayor Duggan, Council Members
requests concurrence without a council publicKluesner, Krieg, Nagle, Robbins, Voetberg.
hearing, presented and read. Council MemberNays—None. Absent—Council Member
Kluesner moved that the communication beNicholson.
received and filed. Seconded by Council Member
Robbins. Carried by the following vote:An Ordinance Vacating portion of Penn
Yeas—Mayor Duggan, Council MembersAvenue abutting Block 2 of Sunset Park 5th
Kluesner, Krieg, Nagle, Robbins, Voetberg.Addition, presented and read.
Nays—None. Absent—Council Member
Nicholson.(OFFICIAL PUBLICATION)
ORDINANCE NO. 76-95
An Ordinance Amending Zoning Map byORDINANCE VACATING A PORTION OF
reclassifying property located at 1927 UniversityPENNSYLVANIA AVENUE ABUTTING
Avenue from R-3 Moderate Density Multi-FamilyBLOCK 2 OF SUNSET PARK FIFTH
Residential District to C-1 Neighborhood
ADDITION
Commercial District, presented and read. CouncilWhereas, Creative Resources, Inc., representing
Member Kluesner moved that a Public Hearing beSunset Park Place, L.C. has requested the vacating
held on the proposed Ordinance on the 4th day ofof a portion of Pennsylvania Avenue abutting
December, 1995, at 7:00 o'clock p.m. at the PublicBlock 2 of Sunset Park Fifth Addition; and
Library Auditorium and that the City Clerk beWhereas, IIW Engineers and Surveyors, P.C.
directed to publish notice in the manner prescribedhas prepared and submitted to the City Council a
by law. Seconded by Council Member Robbins.plat showing the vacated portion of a portion of
Carried by the following vote: Yeas—CouncilPennsylvania Avenue abutting Block 2 of Sunset
Members Kluesner, Krieg, Nagle, Robbins,Park Fifth Addition and assigned a lot number
Voetberg. Nays—None. Abstain—Mayorthereto, which hereinafter shall be known and
Duggan. Absent—Council Member Nicholson.described as Lot 1 of Penn Avenue Place in the
City of Dubuque, Dubuque County, Iowa;
City Manager requesting a public hearing toWhereas, the City Council of the City of
vacate portion of southerly Pennsylvania AvenueDubuque, Iowa has determined that a portion of
right-of-way abutting Sunset Park 5th Addition,Pennsylvania Avenue abutting block 2 of Sunset
presented and read. Council Member KluesnerPark Fifth Addition is no longer required for public
moved that the communication be received anduse, and vacating of said Lot 1 of Penn Avenue
filed. Seconded by Council Member Nagle.Place in the City of Dubuque, Dubuque County,
Carried by the following vote: Yeas—MayorIowa should be approved.
Duggan, Council Members Kluesner, Krieg,NOW, THEREFORE, BE IT RESOLVED BY
Nagle, Robbins, Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF
Absent—Council Member Nicholson.DUBUQUE, IOWA:
Section 1. That the real estate described as Lot
RESOLUTION NO. 389-951 of Penn Avenue Place in the City of Dubuque,
RESOLUTION APPROVING PLAT OFDubuque County, Iowa be and the same is hereby
vacated.
LOTS 1 AND 2 OF PENN AVENUE PLACE
IN THE CITY OF DUBUQUE, IOWAPassed, approved and adopted this 20th day of
Whereas, there has been presented to the CityNovember, 1995.
Council of the City of Dubuque, Iowa, a plat datedTerrance M. Duggan, Mayor
October 30, 1995, prepared by IIW Engineers andAttest:
Surveyors P.C., describing the division of a portionKaren M. Chesterman, Deputy City Clerk
of Pennsylvania Avenue described as Lot 1 and 2 Published officially in the Telegraph Herald
of Penn Avenue Place in the City of Dubuque,
this 29th day of November, 1995.
Iowa; andKaren M. Chesterman, Deputy City Clerk
Whereas, said plat conforms to the laws and1t 11/29
statutes pertaining thereto.Council Member Kluesner moved that the
NOW, THEREFORE, BE IT RESOLVED BY
requirement that a proposed Ordinance be
THE CITY COUNCIL OF THE CITY OFconsidered and voted on for passage at two
DUBUQUE, IOWA:Council Meetings prior to the meeting at which it
Section 1. That the plat dated October 30,is to be finally passed be suspended. Seconded by
1995 prepared by IIW Engineers and Surveyors,
Council Member Nagle. Carried by the following
P.C., relative to the real estate hereinabovevote: Yeas—Mayor Duggan, Council Members
described be and the same is hereby approved, andKluesner, Krieg, Nagle, Robbins, Voetberg.
the Mayor and City Clerk be and they are herebyNays—None. Absent—Council Member
authorized and directed to execute said plat for and
Nicholson. Council Member Kluesner moved final
on behalf of the City of Dubuque, Iowa.consideration and passage of the Ordinance.
Section 2. That the City Clerk be and is herebySeconded by Council Member Nagle. Carried by
authorized and directed to file said plat and
the following vote: Yeas—Mayor Duggan,
certified copy of this resolution in the office of theCouncil Members Kluesner, Krieg, Nagle,
Recorder, in and for Dubuque County, Iowa.Robbins, Voetberg. Nays—None.
Passed, approved and adopted this 20th day ofAbsent—Council Member Nicholson.
November, 1995.
Regular Session, November 20, 199513
There being no further business, Council
RESOLUTION NO. 390-95
RESOLUTION DISPOSING OF CITYMember Voetberg moved to adjourn. Seconded by
INTEREST IN LOT 1 OF PENN AVENUECouncil Member Nagle. Carried by the following
PLACE IN THE CITY OF DUBUQUE, IOWAvote: Yeas—Mayor Duggan, Council Members
Whereas, Creative Resources, Inc., representingKluesner, Krieg, Nagle, Robbins, Voetberg.
Sunset Park Place, L.C. has requested the vacatingNays—None. Absent—Council Member
of a portion of Pennsylvania Avenue abuttingNicholson. Meeting adjourned at 8:30 p.m.
Block 2 of Sunset Park Fifth Addition in the City
of Dubuque, Iowa.Karen M. Chesterman
Whereas, IIW Engineers and Surveyors, P.C.Deputy City Clerk
has prepared and submitted to City Council a plat
showing the vacated portion of Pennsylvania
Avenue abutting Block 2 of Sunset Park Fifth
Addition in the City of Dubuque, Iowa and
assigned a lot number thereto, which hereinafter
shall be known and described as Lot 1 of Penn
Avenue Place, in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion of
Pennsylvania Avenue abutting Block 2 of Sunset
Park Fifth Addition in the City of Dubuque, Iowa
is no longer required for public use, and vacating
and sale of said portion of Pennsylvania Avenue
known as Lot 1 of Penn Avenue Place in the City
of Dubuque, Dubuque County, Iowa, should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Approved ____________________, 1996.
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 1 of Penn AvenueAdopted _____________________, 1996.
Place in the City of Dubuque, Dubuque County,
Iowa.
Section 2. That the conveyance of Lot 1 of____________________________________
Penn Avenue Place in the City of Dubuque,
Mayor
Dubuque County, Iowa to Creative Resources, Inc.
be contingent upon payment of $1,935.00 plus
____________________________________
platting, publication and filing fees.
Section 3. That the City Clerk be and is hereby
authorized and directed to cause and notice of
____________________________________
intent to dispose of said real estate in the manner as
prescribed by law.
____________________________________
Passed, approved and adopted this 20th day of
November, 1995.
Terrance M. Duggan, Mayor
____________________________________
Attest:
Karen M. Chesterman, Deputy City Clerk
Council Member Kluesner moved adoption of
____________________________________
the Resolution and further set this matter for Public
Hearing on 12-4-95 at 7:00 p.m. in the Public
____________________________________
Library Auditorium and that the City Clerk
Council Members
publish notice in the manner prescribed by law.
Seconded by Council Member Nagle. Carried by
the following vote: Yeas—Mayor Duggan,Attest:
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg. Nays—None.
____________________________________
Absent—Council Member Nicholson.
City Clerk
At 8:17 p.m. Council Member Voetberg moved
to go into Closed Session In accordance with
Chapter 21.5 1.(j) To discuss the purchase of
particular real estate where premature disclosure
could be reasonably expected to increase the price
the governmental body would have to pay for that
property. Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Robbins, Voetberg. Nays—None.
Absent—Council Member Nicholson.
At 8:29 Council reconvened Regular Session
with statement that Staff had been given direction.