1995 December Council ProceedingsRegular Session, December 4, 1995 1
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, December 4,
1995
Council Met at 7:00 pm., Public Library
Auditorium.
Preset: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg, City
Manager Michael Van Milligen, Corporation
Counsel Barry A Lindahl
Absent Council Member Nicholson
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called for
the purpose to act upon such business which many
properly come before the Council.
The invocation was given by Mayor Terry
Duggan.
MINUTES SUBMITTED — Airport
Commission of 10-11; Citizens with Disabilities
Parking Review Committee of 11-14: Electrical
Code Board of 11-20: Five Flags Commission of
11-20; Historic Preservation Commission of 11-
16: Housing Commission of 11-14: Long Range
Planning Commission of 11-15: Park &
Recreation Commission of 11-14, presented and
read. Council Member Voetberg moved that the
minutes be received and filed. Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Finance Director submitting City Financial
Reports for month of October, 1995; Proof of
Publication on Notice of Printed Council Minutes
for meeting of 11-6-95: and Investment Oversight
Commission submitting their quarterly report,
presented and read Council Member Voetberg
moved that the reports and proof be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
NOTICES OF CLAIMS/SUITS — Colleen
Hanson in amount of $7220 for tire damages:
Peggy Emzen in amount of $193 69 for vehicle
damages, presented and read Council Member
Voetberg moved that the claims and suits be
referred to the Legal Staff for investigation and
report. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
Corporation Counsel advising following claims
have been referred to Crawford & Company, the
agent for the Iowa Communities Assurance Pool_
Truck damages of EMC Insurance Companies:
Personal injury of Dianne M Lenane, presented
and read. Council Member Voetberg moved that
the communications be received and filed
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
Kevin Eipperle, Chair of Historic Preservation
Commission offering suggestions regarding
reconstruction of brick streets in our community
and suggestions on disposal of these bricks,
presented and read Council Member Voetberg
moved that the communication be referred to the
City Manager Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
HUD advising of approval of the CHAS report
submitted for the period of October 1, 1994
through June 30, 1995, presented and read.
Council Member Voetberg moved that the
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Robbins,
Voetberg Nays—None Absent—Council
Member Nicholson
Dubuque Jaycees, KDTH and KATF Radio
wishing to conduct a fireworks display on
Wednesday, July 3, 1996 from 9:00 P M. to 10:30
PM. located on Volunteer Road between
Hawthorne and Lime Streets, presented and read
Council Member Voetberg moved that they
approve the request and referred to City Manager
for implementation. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Patricia A. Pearson and Jayne Uelner
submitting their resignations from the Zoning
Board of Adjustments effective immediately and
Jane Dusil submitting her resignation from the
Library Board of Trustees effective immediately,
presented and read Council Member Voetberg
moved that the communications be received and
filed and resignations accepted with regret_
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
City Manager advising of affirmation of final
plat of Renaissance Oaks, presented and read
Council Member Voetberg moved that the
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Robbins,
Voetberg Nays—None Absent—Council
Member Nicholson
RESOLUTION NO. 391-95
2 Regular Session, December 4, 1995
A RESOLUTION RESCINDING
RESOLUTION NO. 88-93 AND
REAFFIRMING THE FINAL PLAT OF
LOTS A AND B OF RENAISSANCE OAKS
IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots A and B of Renaissance
Oaks in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear street(s) to
be known as Renaissance Drive, together with
certain public utility and sanitary sewer and storrn
sewer and easements which the owners by said
final plat have dedicated to the public forever, and
Whereas, said final plat has been found to be in
compliance with the conceptual development plan
approved by the Zoning Commission, subject to
the owners agreeing to the conditions noted below,
and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it and
Whereas, the City Council has approved the
final plat of Lots A and B of Renaissance Oaks in
Resolution No 88-93, and
Whereas, the City Council reaffirms their
concurrence with the conditions of approval
established by the Zoning Commission and the
City Planner
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That Resolution No 88-93 is hereby
rescinded
Section 2 That the dedications of Lot A, to be
known as Renaissance Drive, together with the
easements for public utilities, sanitary sewer, storrn
sewer and water mains as they appear upon said
final plat, be and the same are hereby accepted,
and
Section 3 That the approval of the final plat of
Lots A and B of Renaissance Oaks is hereby
reaffirmed and the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon said
final plat, provided the owners of said property
herein named, execute their written acceptance
hereto attached agreeing:
a To reduce Renaissance Drive to grade and to
construct concrete curb and gutter and to hard
surface with asphaltic concrete, or with
concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Fneineer, and in conformance with
construction improvement plans approved by
the City Fneineer, and inspected by the City
Fneineer.
b To install sanitary sewer mains and sewer
service laterals into each individual lot, water
mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Fneineer, and in
accordance with construction improvement
plans approved by the City Fneineer, and
inspected by the City Fneineer_
c To construct said improvements, prior to one
year from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owners,
d To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner_,
Section 4 That said Renaissance of Dubuque
Corporation, as owners of said property, shall
secure the performance of the foregoing conditions
provided in Section 3 by providing guarantees in
such forrn and with such sureties as may be
acceptable to the City Manager of the City of
Dubuque, Iowa.
Section i Sidewalk installation shall be the
responsibility of the owner of the property abutting
the public right-of-way, as required by City Code
41-161 through 41-164 The responsibility shall
extend to all successors, heirs and assignees_
Sidewalk installation will not be required until the
development of the lot has been completed, except
as required herein In sparsely developed
subdivisions, sidewalks on developed lots will not
be required until 50% of the lots approved by the
plat have been developed All vacant lots shall
have sidewalks installed upon development of 80%
of the lots approved by the plat
Section 6 That final acceptance of all public
improvements shall occur upon certification of the
City Fneineer that public improvements have been
completed in accordance with the improvement
plans and City standard specifications
Section 7 That in the event Renaissance of
Dubuque Corporation shall fail to execute the
acceptance and furnish the guarantees provided in
Section 4 hereof within forty-five (45) days after
the date of this Resolution, the provisions hereof
shall be null and void and the acceptance of the
dedication and approval the plat shall not be
effective.
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending amendment to the
Dubuque Racing Association Lease regarding
security at Dubuque Greyhound Park, presented
and read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
RESOLUTION NO. 392-95
RESOLUTION APPROVING FOURTH
AMENDMENT TO LEASE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THE DUBUQUE RACING
ASSOCIATION, LTD.
Whereas, the City of Dubuque, Iowa (City) and
Dubuque Racing Association, Ltd (Association)
entered into a written Lease Agreement on
February 28, 1990, which Lease Agreement was
Regular Session, December 4, 1995 3
amended on July 23, 1990, and October 18, 1993;
and November 1, 1994;
Whereas, it is necessary to further amend
certain provisions of the Lease Agreement, and
Whereas, Association and City now desire,
pursuant to the Lease Agreement, to amend the
Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Fourth Amendment to the
Lease Agreement between the City and the
Association is hereby approved, and the Mayor is
authorized and directed to sign the Fourth
Amendment on behalf of the City
Passed, approved and adopted this 4th day of
December, 1995.
Terence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending to submit for e
Flood Disaster Relief Fund, presented and read
Council Member Voetberg moved that the
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Robbins,
Voetberg Nays—None Absent—Council
Member Nicholson
RESOLUTION NO. 393-95
RESOLUTION AUTHORIZING THE
SUBMISSION OF A FLOOD DISASTER
RELIEF FUND GRANTEE PERFORMANCE
REPORT FOR THE PERIOD
COMMENCING AUGUST 19, 1994 AND
CONCLUDING AUGUST 19, 1995
Whereas, the City of Dubuque, Iowa, Is a flood
disaster relief grant recipient under the Community
Development Block Grant (CDBG) Program of
the U.S. Department of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulations require that
after the completion of a program year, each
entitlement recipient must submit a performance
and evaluation report Grantee Performance Report
(GPR); and
Whereas, the City has_ 1) prepared a GPR for
the program year commencing August 19, 1994,
and concluding August 19, 1995, 2) published
notice of availability of the GPR in the Telegraph
Herald on November 13, 1995; 3) made copies of
the GPR available for public review at the
Carnegie Stout Public Literary, City Hall, and
Housing Services Department, and 4) held a public
hearing pursuant to published notice before the
Community Development Commission on
November 28, 1995, and
Whereas, the Community Development
Commission has voted to approve the GPR and to
recommend City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the Flood Disaster Relief Fund
Grantee Performance Report for the period
commencing August 19, 1994, and concluding
August 19, 1995, a copy of which is attached, is
hereby approved for submission
Section 2 That the Mayor of the City of
Dubuque is hereby authorized and directed to
execute the Grantee Performance Report on behalf
of the City of Dubuque, Iowa.
Section 3 That the City Manager is hereby
authorized and directed to submit the Grantee
Performance Report to the U.S. Department of
Housing and Urban Development
Passed, approved and adopted this 4th day of
December, 1995.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending Cooperative
Winter Maintenance Agreement with Dubuque
County, presented and read Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
RESOLUTION NO. 394-95
RESOLUTION APPROVING
COOPERATIVE WINTER MAINTENANCE
AGREEMENT WITH THE COUNTY OF
DUBUQUE.
Whereas, Chapter 368 of the Code of Iowa was
recently amended by Senate File 418 regarding
secondary road responsibilities when proposed
annexations include property on only one side of
an existing roadway_
Whereas, the City of Dubuque, Iowa and
Dubuque County, Iowa agree that winter road
maintenance split down roadway' centerlines is
not cost efficient or practical, and
Whereas, the City of Dubuque agrees to
perform for Dubuque County winter maintenance
operations on portions of John F_ Kennedy Road
and Peru Road; and
Whereas, Dubuque County agrees to pefoi m
for the City of Dubuque winter maintenance
operations on portions of Fnelish Mill Road,
Radford Road, Old Highway Road, Middle Road,
North Cascade Road and Riverside Road; and
Whereas, it is necessary that the City of
Dubuque and Dubuque County enter into an
agreement regarding the winter maintenance on
these roadways
NOW, THEREFORE, BE IT RESOLVED BY
THE CTTY COUNCIL OF THE CTTY OF
DUBUQUE, IOWA:
Section L That the City Council of the City of
Dubuque, Iowa hereby approve and direct the
Mayor to sign the Agreement with Dubuque
County for winter maintenance operations on said
roadways.
4 Regular Session, December 4, 1995
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending accepting
Supplement :27 to the Code of Ordinances,
presented and read Council Member Voetberg
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
RESOLUTION NO. 395-95
ADOPTING SUPPLEMENT NO. 27 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council, pursuant to Ordinance No 34-89,
readopted the Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted up to and
including December 19, 1988, and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has adopted
certain ordinances amending the Code of
Ordinances and said amendments have been
printed as supplements to the Code of Ordinances:
and
Whereas, Section 380 8 of the Code of
Ordinances provides that supplements, by
resolution, become part of the Code of Ordinances
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That Supplement No 27 of the
Code of Ordinances of the City of Dubuque, Iowa,
covering Ordinances through Ordinance No. 57-95
enacted through September 18, 1995 and prepared
by the Sterling Codifers, Inc, Weiser, ID hereto
filed in the Office of the City Clerk of the City of
Dubuque, Iowa be and is hereby adopted and
becomes part of the Code of Ordinances of the City
of Dubuque, Iowa.
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending acceptance of
improvements for Mama Ridge Estates, presented
and read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Nagle Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
RESOLUTION NO. 396-95
ACCEPTING IMPROVEMENTS IN
MARNA RIDGE ESTATES
Whereas, pursuant to Resolution Nos_ 216-92
and 290-93 certain improvements including street
paving, storm sewers, sanitary sewers and
watermain and street lighting were installed by the
developer of Mama Ridges Estates - Block 1 and
Block 2: and
Whereas, the improvements have been
completed and the City Manager has examined the
work and has filed a certificate stating that the
same has been completed in accordance with the
plans approved by the City Council and in
conformance with City specifications, and has
recommended that the improvements be accepted
by the City Council
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvements in Mama Ridge Estates - Block 1
and Block 2 be and the same is hereby accepted
Section 2 That maintenance of said
improvements shall be the responsibility of the
contractor and the owner for a period of two year's
from this date
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending acceptance of
improvements for Ward Commercial & Ward
West Plaza, presented and read Council Member
Voetberg moved that the communication be
received and filed Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
RESOLUTION NO. 397-95
ACCEPTING IMPROVEMENTS IN WARD
COMMERCIAL AND WARD WEST PLAZA
Whereas, pursuant to Resolution Nos_ 171-94
and 55-95 certain improvements including street
paving, storm sewers, sanitary sewers and
watermain and street lighting were installed by the
developers of Ward Commercial and Ward West
Plaza: and
Whereas, the improvements have been
completed and the City Manager has examined the
work and has filed a certificate stating that the
same has been completed in accordance with the
plans approved by the City Council and in
conformance with City specifications, and has
recommended that the improvements be accepted
by the City Council
Regular Session, December 4, 1995 5
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvements in Ward Commercial and Ward
West Plaza be and the same is hereby accepted
Section 2 That maintenance of said
improvements shall be the responsibility of the
contractor and the owner for a period of three
year's from this date
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending acceptance of
improvements in Northrange Subdivision No 2,
presented and read Council Member Voetberg
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
RESOLUTION NO. 398-95
ACCEPTING IMPROVEMENTS IN
NORTHRANGE SUBDIVISION NO. 2
Whereas, pursuant to Resolution Nos_ 368-91,
396-91 and 141-92 certain improvements
including street paving, storm sewers, sanitary
sewers and watemain and street lighting were
installed by the developer of Northrange
Subdivision No 2; and
Whereas, the improvements have been
completed and the City Manager has examined the
work and has filed a certificate stating that the
same has been completed in accordance with the
plans approved by the City Council and in
conformance with City specifications, and has
recommended that the improvements be accepted
by the City Council
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvements in Northrange Subdivision No 2 be
and the same is hereby accepted
Section 2 That maintenance of said
improvements shall be the responsibility of the
contractor and the owner for a period of two year's
from this date
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
RESOLUTION NO. 399-95
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale
of Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City
Kwik Stop Food Matt
Rambo Oil Com
4039 Pennsylvania Ave
Ion a Restaurant & Lounge
Mindy I Lewin 225 W 6th St
Passed, approved and adopted this 4th day of
December,1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
RESOLUTION NO. 400-95
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit
CLASS "C BEER PERMIT
Iowa Oil Co_ IOCO Speed Shoppe
--(Sunday Sales) 2150 Twin Valley Rd
Passed, approved and adopted this 4th day of
December,1995
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
RESOLUTION NO. 401-95
Whereas, applications for Liquor Licenses have
been submitted to this Council for
approval and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
6 Regular Session, December 4, 1995
That the Manager be authorized to cause to be
issued the following named applicants
a Liquor License
CLASS "B"(HOTEL-MOTEL)
LIQUOR LICENSE
Design Center, Inc Julien Inn
--(Sunday Sales) 200 Main St
CLASS "C (COMMERCIAL)
SEER & LIQUOR LICENSE
Donna Ostrander Donna Dip Tap
1689 Elm St
Silly Sucks, Inc
Silly Sucks E St Tap
(-Sunday Sales) 521 E 22nd
Mindy Jo Lewin Iona Rest
--(Sunday Sales & Outdoor) 225 W 6th
Passed, approved and adopted this 4th day of
December, 1995
Terrance M. Duggan, Mayor
Attest:
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
BOARDS AND COMMISSIONS
HISTORIC PRESERVATION
COMMISSION:
One unexpired tem) from the Jackson Park
District which will expire 7-1-98 (tem) of C
Crall) Applicants: Mary (MI) Ayers, Gail
Naughton Applicants to address the Council
Gail Naughton addressed the Council
LIBRARY BOARD:
One Unexpired terra which will expire 7-1-01
which will expire 7-1-01 (tem) of I Dusil)
Applicants: Loin Regan, Edmund I
Vander millen, Teri L Zuccaro Applicants to
address the Council No one addressed the
Council
HOUSING COMMISSION:
One unexpired tem) which will expire 8-17-96
(term of L Crall): One unexpired tam which will
expire 8-17-96 (tem) of A Michalski): One
Unexpired tam which will expire 8-17-97 (tem) of
L Zimmerman) Applicants: Ruth Clark, Jim
Holz, Denette Kellogg and Harry Neustadt
Vote on the 8-17-97 tam (of L Zimmerman)
was as follows: Mayor Duggan voted for Holz
Council Member Kluesner voted for Kellogg
Council Member Krieg voted for Holz Council
Member Nagle voted for Holz. Council Member
Nicholson was absent Council Member Robbins
voted for Holz. Council Member Voetberg voted
for Kellogg Therefore, Jim Holz was appointed to
fill the 8-17-97 tam on the Housing Commission
Vote on the 8-17-96 tam (of T. Crall) was as
follows: Mayor Duggan voted for Kellogg
Council Member Kluesner voted for Kellogg
Council Member Krieg voted for Kellogg
Council Member Nagle voted for Kellogg
Council Member Nicholson was absent Council
Member Robbins voted for Kellogg Council
Member Voetberg voted for Kellogg. Therefore,
Denette Kellogg was appointed to the tam which
will expire 8-17-96 on the Housing Commission
Vote on the other 8-17-96 tem (of A
Michalski) was as follows: Mayor Duggan voted
for Neustadt Council Member Kluesner voted for
Neustadt Council Member Krieg voted for Clark
Council Member Nagle voted for Neustadt
Council Member Nicholson was absent Council
Member Robbins voted for Clark Council
Member Voetberg voted for Neustadt Therefore,
Harry Neustadt appointed to the tem which will
expire 8-17-96 on the Housing Commission
INVESTMENT OVERSIGHT
COMMISSION:
One Unexpired tem) which will expire 7-1-98
(term of R. Stein). Applicant: F. (Scott) Motto,
CFA Council Member Kluesner moved that the
F. (Scott) Motto be appointed to fill the unexpired
term on the Investment Oversight Commission
which will expire 7-1-98. Seconded by Council
Member Voetberg. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Council Member Nagle moved that the roles be
suspended to allow anyone present to address the
Council if they so desire 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
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to reclassify
property at 1095 Cedar Cross Road from AG to
PUD District with a PC District designation, Mr
& Mrs John Steger and petitions containing 8
signatures and 10 signatures objecting to rezoning
as requested, presented and read Council Member
Voetberg moved that the proof and objections be
received and filed. Seconded by Council Member
Nagle Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Attorney Wm Conzett representing Floyd
Kunkel requested favorable rezoning. Jack
Heider_chet and Carole Heider_hcet, abutting
property owners, John and Carla Steger, 11775 N
Cascade Rd and also representing Dr Tjarks of
11875 N Cascade Rd, voiced objections to the
proposed rezoning and also submitted a petition
with sixteen names objecting
An Ordinance Amending Zoning Map by
reclassifying property located at 1095 Cedar Cross
Road from AG Agricultural District to PUD
Planned Unit Development District with a PC
Planned Commercial District designation and
adopting a Conceptual Development Plan, with
Conditions, Ordinance approved by Zoning
Commission, first & second readings given on 11-
2Q presented for final action
(OFFICIAL PUBLICATION)
Regular Session, December 4, 1995 7
ORDINANCE NO. 77-95
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 1095 CEDAR CROSS ROAD
FROM AG AGRICULTURAL DISTRICT TO
PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PC PLANNED
COMMERCIAL DISTRICT DESIGNATION
AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CII/ COUNCIL OF THE CII/ OF
DUBUQUE, IOWA:
Section 1 Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter
described property from AG Agricultural District
to PUD Planned Unit Development District with a
PC Planned Commercial designation and adopting
a conceptual development plan, a copy of which is
attached to and made a part hereof, with conditions
as stated below, to wit
Lot 3 of the I George Subdivision except the
northeasterly 391 feet thereof to the center line
of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2 Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of the
reclassification, the undersigned property owner(s)
agree(s) to the following conditions, all of which
the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public needs
that are caused directly by the zoning
reclassification
A Use Regulations_
The following regulations shall apply to all
uses made of land in the above described PUD
District
1) Principal permitted uses shall be limited
to:
a) Business services [29]
b) Wholesale sales/distributor [29]
c) General office [14]
d) Indoor recreation [37]
e) Railroads and public or quasi -public utilities
including substations—[47]
2) Accessory uses shall include any use
customarily incidental and subordinate to the
principal use it serves_
[ ] Parking group—see Section 4-2 of the
Zoning Ordinance.
B_ Lot and Bulk Regulations_
Development of land in the PUD District shall
be regulated as follows
1) All building structures and activities shall
be located in conformance with the
attached conceptual development plan and
all final site development plans shall be
approved in accordance with provisions of
the PUD District regulations of this
ordinance and of Section 3-5.5 of the
Zoning Ordinance.
C Performance Standards
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards
1) Lighting shall be provided per City standards
2) Landscaping shall be provided in compliance
with Section 4 4 of the Zoning Ordinance and
as stipulated in the conceptual development
plan Also stipulated, is the requirement for a
techny arborvitae hedge, planted a minimum 5
feet high at planting, 5 feet on center and 200
feet in length located in a manner subject to
approval of the adjacent property owners (Mr.
and Mrs Heider_cheit)
3) All utilities including telephone and cable
television shall be installed underground
4) Sidewalks shall be placed four (4) feet behind
the curb parallel to the street on all public street
frontages and constructed in accordance with
City standards
5) Final site development plans shall be submitted
in accordance with Section 4-4 of the Zoning
Ordinance prior to construction of each
building or structure unless otherwise exempted
by Section 4-4.
6) Subdivision plats and improvements plans shall
be submitted in accordance with Chapter 42 of
the City of Dubuque Code of Ordinances The
approved conceptual development plan shall
serve as the preliminary plat
D. Open Space and Recreational Areas
Those areas not designated on the conceptual
development plan for development shall be
maintained as open space, as defined by Section
8 of the Zoning Ordinance by the property
owner and/or association
E Sign Regulations_
The sign regulations shall be in accordance
with the C-2 Neighborhood Shopping Center
District as established in Section 4-311 of the
Zoning Ordinance.
F_ Additional Standards
1) The conceptual development plan shall be valid
for a period of five (5) years provided a final
site development plan and/or a final subdivision
plat and improvement plans for the proposed
public street(s) are submitted within three (3)
years from the date of approval.
G_ Transfer of Ownership
Transfer of ownership or lease of property in
this PUD District shall include in the transfer or
lease agreement a provision that the purchaser
or lessee acknowledges awareness of the
conditions authorizing the establishment of the
district
H Reclassification of Subject Property
The City of Dubuque, Iowa, may initiate
zoning reclassification proceedings to the AG
Agricultural District in accordance with
Section 6 of the Zoning Ordinance if the
property owner(s) fanix) to complete or
maintain any of the conditions of this
ordinance.
L
Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance
with zoning reclassification proceedings of
Section 6 of the Zoning Ordinance.
I. Recording.
A copy of this ordinance shall be recorded at
the expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within ten (10) days
after the adoption of this ordinance This
ordinance shall be binding upon the
undersigned and his/her heirs, successors and
assigns
8 Regular Session, December 4, 1995
Section 3 The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa_
Section 4 The foregoing amendment shall take
affect upon publication, as provided by law.
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
ACCEPTANCE OF ORDINANCE NO 77-95
I, Floyd Kunkel, property owner, having read
the tams and conditions of the foregoing
Ordinance No. 77-95 and being familiar with the
conditions thereof, hereby accept the same and
agree to the conditions required therein
Dated this 7th day of December, 1995_
By /s/ Floyd Kunkel
Henkel, Inc.
Published officially in the Telegraph Herald
this 12th day of December, 1995
It 12/12 Mary A Davis CMC, City Clerk
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Nagle Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
Mayor Duggan left the Chambers leaving
Mayor Pro -Tem Voetberg as the Chair
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
reclassify property located at 1927 University Ave
from R-3 to C-1 District, copies of objections to
Zoning Commission from Michael W Surds and
Alan E Kean, presented and read Council
Member Kluesner moved that the proof and
objections be received and filed. Seconded by
Council Member Voetberg Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Robbins,
Voetberg Nays—None Absent—Council
Member Nicholson
Applicant Marianne Healy spoke requesting
this reclassification SO as to allow her to operate a
sewing business
An Ordinance Amending Zoning Map by
reclassifying property located at 1927 University
Avenue from R-3 Moderate Density Multi -Family
Residential District to C-1 Neighborhood
Commercial District, said Ordinance was denied
by Zoning Commission, now set for hearing only
on 11-20 with no readings given, presented for
further action Council Member Kluesner moved
to concur with the Zoning Commission's denial of
the Ordinance. Seconded by Council Member
Voetberg earned by the following vote_
Yeas—Mayor Pro -Tem Voetberg, Council
Members Kluesner, Krieg, Nagle, Robbins
Absent—Mayor Duggan, Council Member
Nicholson
Mayor Duggan then retumed to the Chambers
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to consider
disposing of City's interest in real estate known as
Lot 1 of Penn Ave and City Manager endorsing
sale of property, presented and read Council
Member Kluesner moved that the proof and
communication be received and filed. Seconded
by Council Member Nagle earned by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Robbins,
Voetberg Nays—None Absent—Council
Member Nicholson
Frank Takos spoke in favor of the sale
RESOLUTION NO. 402-95
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, Iowa
on 24th day of November, 1995, the City Council
of the City of Dubuque, Iowa met on the 4th day
of December, 1995, at 7:00 pm. in the Public
Library Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the proposal
for the sale of real estate described as
Lot 1 of Penn Avenue Place in the City of
Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written, to the proposal to dispose of
interest of the City of Dubuque, Iowa, in the
hereinabove described real estate to Sunset Park
Place, L.C.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the disposal of the interest in
the City of Dubuque, Dubuque County, Iowa in
real property described as Lot 1 of Penn Avenue
Place in the City of Dubuque, Dubuque County,
Iowa to Sunset Park Place, LC be and the same is
hereby approved for $1,935 00, plus cost of
publication, platting and filing fees, conveyance
shall be by Quit Claim Deed
Section 2 That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to the
above named grantee upon receipt of the purchase
price in full.
Section 3 That the City Clerk be and is hereby
authorized and directed to record a certified copy
of this resolution in the office of the City Assessor,
Dubuque County Recorder and the Dubuque
County Auditor
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Kluesner moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending approval of
assignment of Sewer Use Agreement (tabled on
11-20), presented and read Council Member
Krieg moved that the matter be removed from the
table and received and filed. Seconded by Council
Member Voetberg. Carried by the following vote:
Regular Session, December 4, 1995 9
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Chuck Naylor, on behalf of FDL Foods, Inc,
spoke requesting approval of assignment of the
Sewer Use Agreement.
RESOLUTION NO. 403-95
RESOLUTION CONSENTING TO THE
ASSIGNMENT OF THE SEWER USE
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND FDL FOODS, INC.,
SUBJECT TO CERTAIN CONDITIONS
AND AGREEMENTS.
Whereas, the City of Dubuque, Iowa, and FDL
Foods, Inc, (hereinafter FDL) entered into a
certain Sewer Use Agreement dated August 1,
1994; and
Whereas, the said Sewer Use Agreement
prohibits assignment without the prior written
consent of the City and that a merger, sale of the
majority of the stock or consolidation shall be
deemed an assignment for the purposes of the
Agreement, and
Whereas, FDL wishes to enter into an
arrangement whereby IBP Subsidiary, Inc. a
wholly owned subsidiary corporation of IBP, Inc,
(IBP) will be merged in a statutory merger with
FDL, the surviving corporation being FDL, which
will be wholly owned by IBP and has requested the
City to consent to the assignment, and
Whereas the City Council finds that it should
consent to the assignment of the Sewer Use
Agreement to FDL, the surviving corporation in
the merger, subject to certain conditions
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 The assignment of the Sewer Use
Agreement between the City of Dubuque and FDL
by the merger of FDL with a subsidiary of IBP
resulting in the survival of FDL Foods, Inc,
wholly owned by IBP, is hereby approved and
consented to, subject to the acceptance of the
conditions set forth herein
Section 2 The above consent to assignment is
subject to acknowledgement and consent by the
surviving FDL Foods, Inc, that the Agreement
shall continue in full force and effect, including the
provisions relating to assignment as set forth in the
Agreement.
Section 3 This consent to assignment shall
apply only to the assignment as requested by FDL
Foods, Inc, as set forth herein and no other
assignment as that tem is referred to in the Sewer
Use Agreement.
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Krieg moved adoption of the
Resolution Seconded by Council Member
Voetberg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Communications of Kathleen McMullen and
other representatives of TCI Cablevision of
Dubuque, Inc requesting to address the Council
regarding the creation of a commercial cable rate
structure endorsed by the Cable Commission and
Walter Webster, Chairman Pro -Ten of Cable TV
Regulatory Commission reporting on the analysis
and consideration regarding above proposal, said
item pulled from the Agenda and rescheduled for
Council Meeting of 12-18-9i
Paul Kraus requesting Council to consider an
ordinance that would ban the city government from
knowingly purchasing styrofoam products,
presented and read Council Member Voetberg
moved that this matter be referred to the
Environmental Stewardship Commission
Seconded by Council Member Kluesner Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
Mr Kraus spoke requesting banning all
styrofoam products
City Manager regarding the Downtown Loan
Program, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Bud Lsenhart spoke objecting to project because
of impact of TIF monies
RESOLUTION NO. 404-95
RESOLUTION APPROVING AN
AMENDMENT TO THE PROGRAM
GUIDELINES FOR THE DOWNTOWN
REHABILITATION LOAN PROGRAM AND
AUTHORIZING ADDITIONAL
CAPITALIZATION THEREOF
Whereas, on December 20, 1993, the City
Council of the City of Dubuque, Iowa, established
a Downtown Rehabilitation Loan Program ("Loan
Program") to provide financial incentives to further
the goals and objectives of the Downtown Urban
Renewal Plan; and
Whereas, the City Council authorized an initial
capitalization of the Loan Program of two hundred
and sixty thousand dollars ($260,000), and a
subsequent additional capitalization of three
hundred eighty-seven thousand dollars
($387,000), and
Whereas, the City Council has approved the
commitment of $200,000 in loan funds and
$20,000 in grant funds for the repair and
rehabilitation of buildings from the Loan Program,
and
Whereas, additional property owners from the
District have indicated their desire to apply for
funds to repair and rehabilitate their buildings in
response to the program for voluntary or
compulsory repair and rehabilitation being carried
out in accordance with the Amended and Restated
Urban Renewal Plan; and
Whereas, said property owners have requested
that the maximum loan per building limit
established in the Program Guidelines adopted by
10 Regular Session, December 4, 1995
City Council on December 20, 1993, be increased,
and
Whereas, the City Council funds that
continuation and expansion of the Loan Program
is necessary to effectuate the purposes of Iowa
Code Chapter 403, the Urban Renewal Law, and
the goals of the Amended and Restated Urban
Renewal Plan for the Downtown Dubuque Urban
Renewal District; and
Whereas, the City Council is prepared to
provide additional capitalization for the Loan
Program provided these funds are reimbursed
through the proceeds of the Downtown Urban
Renewal Tax Increment Financing District as
amended.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Program Guidelines for the
Downtown Rehabilitation Loan Program are
hereby amended to increase the maximum amount
of loan per building from $100,000 to $200,000
Section 2 That the City Manager is hereby
authorized to advance up to two hundred thousand
dollars ($200,000) in additional funds from the
CiryS debt service reserve account established to
repay its downtown hotel project Section 108 Loan
Guarantee obligations to provide the necessary
funding required to continue and expand the
Downtown Rehabilitation Loan Program, provided
any such funds so advanced shall be repaid from
the proceeds of the Downtown Urban Renewal Tax
Increment Financing District as amended
Section 3 That the City Manager is hereby
authorized and directed to administer these
additional funds in accordance with the Loan
Program Guidelines as amended by this City
Council
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Communication of City Manager advising of
revision of funding award to Ecumenical Housing
- Inc, said item pulled from the Agenda per
request of Housing Services Mg- David Han'is
City Manager submitting Ordinance providing
for Speed Limits on Julien Dubuque Bridge,
presented and read Council Member Kluesner
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
An Ordinance Providing for speed limit on
Julien Dubuque Bridge, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 78-95
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY REVISING
SUBSECTION (C) OF SECTION 32-231
THEREOF PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS ON
U.S. 20 FROM LOCUST STREET TO THE
EASTERLY CITY LIMIT ON THE .IULIEN
DUBUQUE BRIDGE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by deleting
U S_ 20 from Subsection (c) of Section 32-231
thereof as follows
"Sec 32-23L Limits Generally
(c)
- FORTY (40) MILES PER HOUR
U _ 20, from Locust Street to the easterly City
limit on the Julien Dubuque Bridge
Section 2 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
U _ 20 to Subsection (c) of Section 32-231
thereof as follows
"Sec 32-23L Limits Generally
(c)
- FORTY (40) MILES PER HOUR
U S_ 20, from Locust Street to a point
approximately twelve hundred fifty (1250) feet
east of Locust Street
FORTY-FIVE (45) MILES PER HOUR
U _ 20, from a point approximately twelve
hundred fifty (1250) feet east of Locust Street
to the easterly City limit on the Julien Dubuque
Bridge.
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 12th day of December, 1995
It 12/12 Mary A Davis, CMC, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson Council Member Kluesner moved final
consideration and passage of the Ordinance
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
City Manager submitting Ordinance providing
for removal of stop signs on Asbury Rd at the
Northwest Arterial, presented and read Council
Member Kluesner moved that the communication
be received and filed. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
Regular Session, December 4, 1995 11
An Ordinance Providing for the removal of stop
signs at Asbury Road and Northwest Arterial,
presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 79-95
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY MODIFYING
SUBSECTION (b) OF SECTION 32-214
THEREOF PROVIDING FOR THE
REMOVAL OF STOP SIGNS AT ASBURY
ROAD AND NORTHWEST ARTERIAL
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by deleting
Asbury Road from Subsection (b) of Section 32-
214 thereof as follows_
"Sec 32-214 Stop Intersections
Oa)
Eastbound end Westbound
Asbury Road and the Northwest Arterial "
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 12th day of December, 1995
It 12/12 Mary A Davis CMC, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle earned by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson Council Member Kluesner moved final
consideration and passage of the Ordinance
Seconded by Council Member Nagle earned by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
City Manager advising of additional Police
Staffing needs and recommending a service
contract be executed through a Request for
Proposal Process, presented and read Council
Member Krieg moved that the communication be
received and filed and approved execution.
Seconded by Council Member Kluesner Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
City Manager recommending awarding of a
contract to Executive Management for a Renter
Data Base Service, presented and read Council
Member Krieg moved that the communication be
received and filed and approved recommendation.
Seconded by Council Member Kluesner earned
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
City Manager recommending approval of
consultant for the Mississippi Riverwalk and
Amenities project, presented and read Council
Member Voetberg moved that the communication
be received and filed. 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
RESOLUTION NO. 405-95
RESOLUTION APPROVING A SELECTION
OF A CONSULTANT FOR THE
MISSISSIPPI RIVERWALK AND
AMENITIES PROSECT AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE AN APPROPRIATE CONTRACT
FOR SAID PROSECT.
Whereas, the City of Dubuque, Iowa desires
consultant services for final design, engineering
specifications and construction cost estimates for
the Mississippi Rivenvalk and Amenities project,
and
Whereas, a request for proposal solicited
consultant services for the Mississippi Rivenvalk
and Amenities project, and
Whereas, BRW, Inc is recommended to
provide consulting services for this project
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the selection of BRW, Inc as
a consultant to prepare the Mississippi Rivenvalk
and Amenities project for the City of Dubuque is
hereby approved.
Section 2 That the City Manager is hereby
authorized to execute, on
behalf of the City Council, a contract for said
project with BRW, Inc for consultant services not
to exceed $213,000
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending approval of
consultant for the Heritage Trail Riverfront System
Project, presented and read Council Member
Robbins moved that the communication be
received and filed. Seconded by Council Member
Voetberg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
RESOLUTION NO. 406-95
RESOLUTION APPROVING A SELECTION
OF A CONSULTANT FOR THE HERITAGE
TRAIL RIVERFRONT SYSTEM PROSECT
AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN
APPROPRIATE CONTRACT FOR SAID
PROSECT.
12 Regular Session, December 4, 1995
Whereas, the City of Dubuque, Iowa desires
consultant services for preliminary design,
engineering specifications and construction cost
estimates for the Heritage Nail Riverfront System
project, and
Whereas, a request for proposal solicited
consultant services for the Heritage Nail
Riverfront System project, and
Whereas, BRW, Inc is recommended to
provide consulting services for this project
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the selection of BRW, Inc as
a consultant to prepare the Heritage Trail
Riverfront System project for the City of Dubuque
is hereby approved
Section 2 That the City Manager is hereby
authorized to execute, on behalf of the City
Council, a contract for said project with BRW, Inc
for consultant services not to exceed $35,000
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Voetberg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager recommending approval of a
consultant for an Annexation Study, presented and
read. Council Member Voetberg moved that the
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Robbins,
Voetberg Nays—None Absent—Council
Member Nicholson
RESOLUTION NO. 407-95
RESOLUTION APPROVING A SELECTION
OF A CONSULTANT FOR AN
ANNEXATION STUDY AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE AN APPROPRIATE CONTRACT
FOR SAID STUDY.
Whereas, the City of Dubuque, Iowa desires
consultant services for an annexation study: and
Whereas, Yaggy Colby Associates is
recommended to provide consulting services for
this project
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the selection of Yaggy Colby
Associates as a consultant to prepare an annexation
study for the City of Dubuque is hereby approved
Section 2 That the City Manager is hereby
authorized to execute, on behalf of the City
Council, a contract for said study with Yaggy
Colby Associates for consultant services not to
exceed $13,500_
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson
City Manager submitting Legislative Policy
Issues for the 1996 Legislative Session, presented
and read. Council Member Voetberg moved that
the communication be received and filed and
approved. Seconded by Council Member Krieg.
earned by the following vote_ Yeas—Mayor
Duggan, Council Member_ Kluesner, Krieg,
Nagle, Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
An Ordinance Amending Code of Ordinances
by revising subsection (b) of Section 32-213
providing for the change of through street
designation for Lincoln Avenue, first reading given
11-6, second reading given 11-20, now presented
for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 80-95
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY REVISING
SUBSECTION (b) OF SECTION 32-213
THEREOF PROVIDING FOR THE
CHANGE OF THROUGH STREET
DESIGNATION FOR LINCOLN AVENUE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by deleting
Lincoln Avenue from Subsection (b), of Section
32-213 thereof as follows_
"Sec 32-213 Entering Through Streets_
Oa)
Lincoln Avenue, from the north property line of
Windsor Avenue to the south property line of
Roosevelt Street
Section 2 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
Lincoln Avenue to Subsection (b) of Section 32-
213 thereof as follows
"Sec 32-213 Entering Through Streets
Oa)
Lincoln Avenue, from the north property line of
Windsor Avenue to the south property line of
Fengler Street, and from the north property line
of Fengler Street to the south property line of
Roosevelt Street"
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 12th day of December, 1995
It 12/12 Mary A Davis CMC, City Clerk
Council Member Nagle moved final
consideration and passage of the Ordinance
Seconded by Council Member Robbins_ Carried
by the following vote_ Yeas—Mayor Duggan,
Council Member_ Kluesner, Krieg, Nagle,
Regular Session, December 4, 1995 13
Robbins, Voetberg Nays—None
Absent—Council Member Nicholson
An Ordinance Amending Code of Ordinances
by modifying subsection (b) of Section 32-214
providing for addition of stop signs at Lincoln
Avenue and Feggler Street, first reading given 11-
6, second reading given 11-20, presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 81-95
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY MODIFYING
SUBSECTION (b) OF SECTION 32-214
THEREOF PROVIDING FOR THE
ADDITION OF STOP SIGNS AT LINCOLN
AVENUE AND FENGLER STREET
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
Lincoln Avenue to Subsection (b) of Section 32-
214 thereof as follows_
"Sec 32-214 Stop Intersections
Oa)
Narthboundand Southbound
Lincoln Avenue and Fengler Street ."
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 12th day of December, 1995
It 12/12 Mary A Davis CMC, City Clerk
Council Member Nagle moved final
consideration and passage of the Ordinance
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
City Manager requesting a public hearing be
held on December 18, 1995 to consider disposing
of real estate located on Northwest Arterial north
of Asbury Road, presented and read Council
Member Voetberg moved that the communication
be received and filed. 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
RESOLUTION NO. 408-95
RESOLUTION OF INTENT TO DISPOSE
OF INTEREST IN LOT 3 OF 1 OF 1 OF 1 OF
THE NORTHWEST 1/4 SOUTHWEST 1/4
AND LOT 3 OF 2 OF 2 OF THE EAST 1/2
SOUTHWEST 1(4 OF SECTION 16 T89N
R2E IN DUBUQUE COUNTY, IOWA TO
WENDELL W. COREY
Whereas, The City of Dubuque is the current
owner of Lot 3 of 1 of 1 of the Northwest 1/4
Southwest 1/4 and Lot 3 of 2 of 2 of the East 1/2
Southwest 1/4 of Section 16 T89N R2E in
Dubuque County Iowa; and
Whereas, the adjacent property owner Mr.
Wendell Corey, has petitioned to purchase said
property from the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the City of Dubuque, Iowa
intends to dispose of its interest in Lot 3 of 1 of 1
of 1 of the Northwest 1/4 Southwest 1/4 and Lot 3
of 2 of 2 of the East 1/2 Southwest 1/4 of Section
16 T89N R2E in Dubuque County, Iowa, to Mr
Wendell W. Corey of Corey Development Ltd.
Section 2 That the conveyance of the CiryS
interest shall be for the sum of $410,000 00 plus
publication and filing fees
Section 3 That the City Clerk be and is hereby
authorized and directed to cause a notice to be
published as prescribed under Section 3647
Disposal of Property, Code of Iowa, 1995 or as
amended.
Passed, approved and adopted this 4th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution and set the matter for Public
Hearing on 12-18-95 at 7 00 p nr in the Public
Library Auditorium. 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 8:30 p m. Council Member Voetberg moved
to go into Closed Session, In accordance with
Chapter 215 1 0) to discuss 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 8:45 p m. Council reconvened Regular
Session with statement that Staff had been given
direction.
There being no further business, Council
Member Voetberg moved that the meeting be
adjourned. Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Robbins, Voetberg
Nays—None Absent—Council Member
Nicholson. Meeting adjourned at 8:46 p m.
Mary A Davis CMC
City Clerk
14 Regular Session, December 4, 1995
Approved 1996.
Adopted ,1996.
Mayor
Council Members
Attest
City Clerk
Regular Session, December 18, 1995 1
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, December 18,
1995
Council Met at 7:00 pm., Public Library
Auditorium.
Present Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry A Lindahl
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called for
the purpose to act upon such business which may
properly come before the Council.
Invocation was given by Rev Duane Manson,
Chaplain of Luther Manor.
MINUTES SUBMITTED — Cable
Community Teleprogramming Commission of 12-
5: Cable TV Regulatory Commission of 11-22 &
12-7: Environmental Stewardship Commission of
11-7, Mechanical Board of 11-28, Zoning Board
of Adjustment of 11-16: Zoning Commission of
12-1, presented and read Council Member Nagle
moved that the minutes be received and filed
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Proof of Publication certified to by the
Publisher on List of Claims paid for month of
October, 1995, presented and read Council
Member Nagle moved that the proof be received
and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
NOTICES OF CLAIMS/SUITS — Helen F_
Chapman in unknown full amount for backed up
sewer damages: Diane Dignan vs. City of
Dubuque in unknown amount for personal
injuries: Elizabeth Haas in unknown amount for
personal injuries: Larry Kretz in unknown amount
for vehicle damages: Stanley Kueter in estimated
amount of $3,113 08 for backed up sewer
damages: Richard A Meyer in amount of $565 40
for backed up sewer damages, presented and read
Council Member Nagle moved that the claims and
suits be referred to the Legal Staff for investigation
and report. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Corporation Counsel advising tire damage
claim of Coleen Hanson has been administratively
closed, presented and read Council Member
Nagle moved that the communication be received
and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Corporation Counsel recommending settlement
of property damage claim of Jeff Traenor in the
amount of $325 00 and directing the Finance
Director to issue proper check, presented and read
Council Member Nagle moved that the
communication be received and filed and approved
settlement_ Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
John & Bonnie Scherf requesting to purchase
property adjacent to their property between
Kaufmann Ave. and Grandview Ave, presented
and read. Council Member Nagle moved that the
matter be referred to the City Manager. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Zoning Commission advising of approval of
final plat as requested by The Adams Co_,
presented and read Council Member Nagle
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
RESOLUTION NO. 409-95
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 3 OF ADAM'S
COMPANY'S 2ND ADDITION IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 thm 3 of Adams
Company's 2nd Addition in the City of Dubuque,
Iowa; and
Whereas, said final plat has been reviewed by
the Zoning Commission and had her approval
endorsed thereon: and
Whereas, said final plat has been reviewed by
the City Council and they find that it conforms to
the statutes and ordinances relating to it
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the final plat of Lots 1 thm 3
of Adam's Company's 2nd Addition in the City of
Dubuque, Iowa is hereby approved and the Mayor
and City Clerk are hereby authorized and directed
to endorse the approval of the City of Dubuque,
Iowa, upon said final plat
Section 2 That in the event the owner shall fail
to execute the acceptance within 45 days after the
date of this resolution, the provisions hereof shall
be null and void and approval of the plat shall not
be effective.
Passed, approved and adopted this 18th day of
December, 1995.
Attest
Terrance M. Duggan, Mayor
2 Regular Session, December 18, 1995
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Zoning Commission advising of their approval
of final plat of portion of Wertzberger PI.,
presented and read Council Member Nagle
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
RESOLUTION NO. 410-95
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 3 OF
WERTZBERGER PLACE IN DUBUQUE
COUNTY, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 thm 3 of Wertzberger
Place in Dubuque County, Iowa: and
Whereas, upon said final plat appears a 66 foot
wide access easement, and
Whereas, said final plat has been reviewed by
the Zoning Commission and had their approval
endorsed thereon: and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the final plat of Lots 1 thm 3
of Wertzberger Place in Dubuque County is
hereby approved and the Mayor and City Clerk are
hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon said
final plat.
Section 2 That the City Council hereby waives
Article IV, Design and Improvement Standards, of
the Subdivision Regulations, except Section 42-19,
Lots and Blocks_
Section 3 That in the event the owner shall fail
to execute the acceptance within 45 days after the
date of this resolution, the provisions hereof shall
be null and void and the acceptance of the
dedication and approval of the plat shall not be
effective.
Passed, approved and adopted this 18th day of
December, 1995.
Terence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
ACCEPTANCE OF RESOLUTION
NO. 410-95
We, the undersigned, Walter and Carolyn
Wertzberger, having read the tams and conditions
of the Resolution No 410-95 and being familiar
with the conditions thereof, hereby accept this
same and agree to the conditions required therein
Dated in Dubuque, Iowa this 18th day of
December, 1995.
By'J Walter Wertzberger
By RI Carolyn Wertzberger
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Pam Bradford, President of West 11th Street
Neighborhood, expressing gratitude and
appreciation for construction of retaining walls in
area, presented and read Council Member Nagle
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
Steve Efken on behalf of that Neighborhood
spoke expressing appreciation
City Manager requesting an additional loan to
a new buyer for DREAMS home at 721 Davis
Ave. be approved, presented and read. Council
Member Nagle moved that the communication be
received and filed and approved request. Seconded
by Council Member Nicholson Coined by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
City Manager recommending endorsement of
Community School District's grant application,
presented and read Council Member Nagle
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
RESOLUTION NO. 411-95
RESOLUTION TO ENDORSE THE
DUBUQUE COMMUNITY SCHOOL
DISTRICT'S APPLICATION TO
PARTICIPATE IN IOWA'S SCHOOL -TO -
WORK PROGRAM
Whereas, the Dubuque Community School
District has made application to participate in the
Iowa School -To -Work (SPY) Program, and has
requested the Dubuque City Councils endorsement
of their application: and
Whereas, the STW Program is designed to
provide students with a wide range of activities and
opportunities to connect learning with the value of
work, and will assist students in developing a focus
on career planning, staying in school and to
understand the purpose of their classroom
activities: and,
Whereas, this program is seen to be beneficial
to both the community and the students
participating in this program
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L The Dubuque City Council hereby
endorses the Dubuque Community School
Districts application to participate in the Iowa
School -To- Work Program.
Passed, approved and adopted this 18th day of
December, 1995.
Terrence M. Duggan, Mayor
Attest
Regular Session, December 18, 1995 3
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending approval of Low
Income Housing Tax Credit Program Application,
presented and read Council Member Nagle
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
RESOLUTION NO. 412-95
RESOLUTION AUTHORIZING THE CITY
COUNCIL TO SUPPORT DUBUQUE
HOUSING INITIATIVE'S APPLICATION
FOR FEDERAL ASSISTANCE FOR A
RENTAL HOUSING DEVELOPMENT ON
WINDSOR AVENUE
Whereas, the federal government, through
Section 42 of the Internal Revenue Code, offers
incentives for construction of affordable rental
housing which is made available to low- and
moderate -income households; and
Whereas, Dubuque Housing Initiative Inc
(alkla Heartland Housing Initiative) has submitted
an application for low income housing tax credits
in connection with a proposed project to construct
49 rental units, located at 3491 Windsor Avenue
in the City of Dubuque; and
Whereas, the Iowa Finance Authority has
offered the City an opportunity to comment on this
application; and
Whereas, indication of City support for the
requested federal assistance is favorable to the
consideration ofDHIS application
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF DUBUQUE, IOWA_
Section 1 The City of Dubuque endorses and
supports Dubuque Housing Initiative's application
for tax credits to the Iowa Finance Authority, for
the intended project located at Windsor Avenue
Section 2 The City Manager is hereby
authorized and directed to forward this resolution
to the Finance Authoriry.
Passed, approved and adopted this 18th day of
December, 1995.
Terence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending donation of
plaque in honor of Bill Kohler be approved and
plaque to be hung at Transit Garage, presented and
read Council Member Nagle moved that the
communication be received and filed and approved
donation. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager submitting delinquent sewer
accounts and garbage & refuse collection
Accounts, presented and read Council Member
Nagle moved that the communication be received
and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 413-95
RESOLUTION AUTHORIZING
COLLECTION OF DELINQUENT SEWER
ACCOUNTS IN ACCORDANCE WITH
SECTIONS 44-83 AND 44-86 OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, Section 44-83 of the Code of
Ordinances authorizes the City to levy and collect
just and equitable charges, rates or rentals upon all
lots, parcels or real estate and buildings that are
connected directly or indirectly with the sanitary
sewer system: and
Whereas, Section 44-86 of the Code of
Ordinances provides that the City shall have a lien
upon the real property served by the sanitary sewer
system for all delinquent rates and charges: and
Whereas, delinquent sewer charges shall be
certified as of December 3lst of each year by the
City Clerk to the Dubuque County Treasurer for
collection with, and in the same manner as, general
property taxes
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the persons hereinafter named,
owning the following described property, have
unpaid sewer charges in the amount set out and
that said charges are delinquent_
Name and Address Property Description
Amount
Steven I Althaus
3951 Inwood Street
Gary Bernhard
1100 Roosevelt St_
James Foht
723 Peru Rd
Richard Gremmel
710 Peru Rd
Larry I Hurst
3960 Oneida Street
Ricky I Hurst
Lot 39 & 40 ONeills North Dubuque Addition
3975 Inwood Avenue $28156
Section 2 That the City Clerk be and is hereby
ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the
persons named herein are delinquent in the
payment of sewer charges in the amounts set forth
above and that said delinquent sewer charges shall
be collected in the same manner as general
property taxes against the respective parcels of
property set opposite the name of the property
owner.
Section 3 That the delinquent sewer charges
shall be collected with, and in the same manner as,
general property taxes as provided by law
Passed, approved and adopted this 18th day of
December, 1995.
Lots 41 & 42 ONeills North,
Dubuque Addn.
$211 67
Lot 4 Wersinger Sub
$232 57
Lot 20 Maple Leaf Add N 2
$229 26
Lot 154 Belmont Add
$217 49
Lot 2-2-3 & 1-2-1-1-3
N112 SE 114 Sect 12
$6951
4 Regular Session, December 18, 1995
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of
Resolution Seconded by Council Member
Nicholson earned by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 414-95
RESOLUTION AUTHORIZING THE CITY
TO COLLECT DELINQUENT GARBAGE
AND REFUSE COLLECTION ACCOUNT IN
ACCORDANCE WITH SECTION 22-36 AND
22-37 (d) OF THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE, IOWA
Whereas, City garbage and refuse collection
from residential premises, as defined in the Code of
Ordinances of the City of Dubuque, Iowa, is
mandatory, and
Whereas, as of December 31_st of each year,
delinquent garbage and refuse collection charges
shall be certified by the City Clerk to the Dubuque
County Treasurer for collection with and in the
same manner as general property taxes
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the persons named hereinunder,
owning the property thereby set forth, are
delinquent in the payment of refuse collection
Name and Address Property Description
Amount
Steven I Althaus
Lots 41 & 42 ONeills North Dubuque Add 3951
Inwood Avenue $15942
Gary Bernhard Lot 4 Wersinger Sub
1100 Roosevelt Street $187 86
James Chappel Lot 1 of 1-1-1 of
City Lot 678 & 2 of 54 of Marshall Edition
1910 Madison Street $118 38
Dennis Clauer
Lot 1-1-2-1-2-1, & 2-1 1-1-2-1,
SE 114 SW 114 Sec 11 T89N-R2E
318 Olympic Fights $136 89
Joanne Datisman
3556 Crescent Ridge
Vincent Erhlich
333 Olympic Figs Rd
James Foht
723 Peru Road
Richard M. Gremmel
710 Peru Road
Larry I Hurst
3960 Oneida Street
Rick I Hurst
Lot 39 & 40 ONeills North Dubuque Add.
3975 Inwood Avenue $55 51
Mark Krolich
Lots 74 & 75 Maple Leaf Add No 2
743 Louise Street $82 64
Lou Mae OReilly
Lot 1-2 Min Lot 290
$80 22
Lot 9 Elk 1 Olympic Fig
$139 43
Lot 20 Maple Leaf Add No 2
$112 62
Lot 154 Belmont Add.
$83 48
Lot 2-2-3 & 1-2-1-1-3 N 1/2
SE 1/4 Sec 12
$3218
Lot 9 Maple Leaf Add No 2
671 Louella Lane $133 69
Donald L. Pope
No Lot description at Courthouse
625 Louella Lane 13317
Dennis Rath
Lot 1-1-7 Kennedy Sub
679 Kennedy Court $7518
Section 2 That the City Clerk be and is hereby
ordered and directed to certify to the County
Treasurer of Dubuque County, Iowa, that the
persons named herein before are delinquent in the
payment of refuse collection charges in the
amount set aside of the respective names, and that
said amounts shall be collected in the same manner
as general property taxes against the respective
parcels of property set opposite the names of the
owners.
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending acceptance of
improvements for Sunnyslope Estates, Phase 3,
presented and read Council Member Nagle
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None.
RESOLUTION NO. 415-95
ACCEPTING IMPROVEMENTS IN
SUNNYSLOPE ESTATES, PHASE
Whereas, pursuant to Resolution No 211-95
certain improvements including street paving,
storm sewers, sanitary sewers, watemain and
street lighting were installed by the developer of
Sunnyslope Estates, Phase 3, and
Whereas, the improvements have been
completed and the City Manager has examined the
work and has filed a certificate stating that the
same has been completed in accordance with the
plans approved by the City Council and in
conformance with City specifications, and has
recommended that the improvements be accepted
by the City Council
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvements in Sunnyslope Estates - Phase 3 be
and the same is hereby accepted
Section 2 That maintenance of said
improvements shall be the responsibility of the
contractor and the owner for a period of two years
from this date
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Regular Session, December 18, 1995 5
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending acceptance of
improvements for Cedar Ridge Industrial
Development 1st Addition, presented and read
Council Member Nagle moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 416-95
ACCEPTING IMPROVEMENTS IN CEDAR
RIDGE INDUSTRIAL DEVELOPMENT
FIRST ADDITION
Whereas, pursuant to Resolution No 219-94
certain improvements including street paving,
storm sewers, sanitary sewers, watemain and
street lighting were installed by the developer of
Cedar Ridge Industrial Development First
Addition; and
Whereas, the improvements have been
completed and the City Manager has examined the
work and has filed a certificate stating that the
same has been completed in accordance with the
plans approved by the City Council and in
conformance with City specifications, and has
recommended that the improvements be accepted
by the City Council
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvements in Cedar Ridge Industrial
Development First Addition be and the same is
hereby accepted.
Section 2 That maintenance of said
improvements shall be the responsibility of the
contractor and the owner for a period of two years
from this date
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 417-95
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Seer
Permit.
CLASS "B" SEER PERMIT
United Auto Works
--(Sunday Sales)
Pusateri Enterp_
Local 94
3450 Central Ave
Pusateri Restaurant
--(Sunday Sales) 2400 Central Ave
Class "C SEER PERMIT
Molo Oil Company
--(Sunday Sales)
Angel Investor
--(Sunday Sales)
Rainbow Oil Con)
--(Sunday Sales)
Rainbow Oil Con)
--(Sunday Sales)
Passed, approved
December,1995
Big 10 Mart
9th & Central
Casey's General Store
2699 Rockdale
Kwik Stop Food Matt
2320 HWY 61
Kwik Stop Food Matt
4039 Pennsylvania
and adopted this 18th day of
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle
Resolution Seconded
Nicholson Carried by
Yeas—Mayor Duggan,
Kluesner, Krieg, Nagle,
Voetberg Nays—None
moved adoption of the
by Council Member
the following vote:
Council Members
Nicholson, Robbins,
RESOLUTION NO. 418-95
Whereas, applications for Liquor Licenses have
been submitted to this Council for
approval and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants
a Liquor License
CLASS "13“ HOTEDMOTEL
LIQUOR LICENSE
Kinseth Hotel Corp Holiday Inn 5 -Flags
--(Sunday Sales) 450 Main St
CLASS "C (COMMERCIAL)
BEER & LIQUOR LICENSE
Michael I. Weber
--(Sunday Sales)
David H Hoffman
Instant Replay Inc
--(Sunday Sales)
Kim & Denise Brestrup
Morocco Inc.
--(Sunday Sales)
IDBS & SW, Inc.
Hooligan's Sports Bar & Grill
--(Sunday Sales) 2600 Dodge St
Passed, approved and adopted this 18th day of
December, 1995
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Member_
Mike's Ten Pin Tap
601 Rhomberg
White House Tap
450 W Locust
Instant Replay Inc
1602 Central Ave
A & B Tap
2600 Central Ave
The Morocco
1413 Rockdale
6 Regular Session, December 18, 1995
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
BOARDS AND COMMISSION
APPOINTMENTS -
HISTORIC PRESERVATION
COMMISSION
One unexpired tem (Jackson Park Du_) which
will expire 7-1-98 (tem) of T. Crall) Applicants -
Mary (M I) Ayers and Gail Naughton Vote on
the appointment was as follows Mayor Duggan
voted for Naughton Council Member Kluesner
voted for Naughton. Council Member Krieg voted
for Naughton. Council Member Nagle voted for
Ayers Council Member Nicholson voted for
Ayers Council Member Robbins voted for
Naughton. Council Member Voetberg voted for
Naughton. Therefore, Gail Naughton appointed to
the Historic Preservation Commission for a tem
which will expire 7-1-98, representing the Jackson
Park Dis
LIBRARY BOARD
Mayor appoints with Council approval One
unexpired tem which will expire 7-1-01 (tem of
I Dusil) Applicants Lorri Regan, 670 Alpine,
Edmund I Vandemillen, 777 Mt Carmel, Teri L
Zuccaro, 1800 Cannon St.
Mayor Duggan appointed Edmund
Vandemnillen to the Library Board for a tem)
which will expire 7-1-01 Council Member Krieg
moved that they concur with the Mayor's
appointment Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Nagle moved to suspend the
rules to allow anyone present to address the
Council. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Proof of Publication certified to by the
Publisher on Notice of Hearing to consider
Ordinance amendment by adding the definition of
the word "Convent" to Section 8 of the Zoning
Ordinance and request from City Manager
requesting to withdraw this public hearing and an
Ordinance Amending Zoning Ordinance by adding
the definition of the word "Convent" to Section 8,
Definitions (1st reading only given on 10-16-95),
presented and read Council Member Nicholson
moved that the proof, communication and
Ordinance be received and filed and concurred
with withdrawal. Seconded by Council Member
Krieg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Proof of Publication certified to by the
Publisher on Notice of Hearing to consider
reclassifying property located South of Crescent
Ridge and East of Palish Mill Road from AG to
PUD District and G_ I Fluhr submitting a petition
containing 72 signatures opposing the proposed 70
Unit Housing Project at Crescent Ridge, Judy
Johnston objecting to project, and Roy Bergman
endorsing the project, presented and read Council
Member Voetberg moved that the proof and
communications be received and filed. Seconded
by Council Member Krieg Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Bill Reinke, Sr. Catherine Waller, Fr. Lyle
Wilgenbusch, Peg Hudson, Jim Geiser, Sr_
Catherine Heman, Dennette Kellogg, and Steve
Efken, all spoke requesting approval of rezoning
for project Dennis Cottrell, Donald Fondell, and
Don Recker spoke objecting to the project
An Ordinance Amending Zoning Map by
reclassifying property located South of Crescent
Ridge and East of Palish Mill Road (3556
Crescent Ridge) from AG Agricultural District to
PUD Planned Unit Development District with a
PR Planned Residential District Designation and
adopting a Conceptual Development Plan, with
Conditions, first & second readings given on 11-
20-95, presented for final action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 82-95
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED SOUTH OF CRESCENT RIDGE
AND EAST OF ENGLISH MILL ROAD
(3556 CRESCENT RIDGE) FROM AG
AGRICULTURAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PR PLANNED
RESIDENTIAL DISTRICT DESIGNATION
AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by reclassifying the hereinafter
described property from AG Agricultural District
to PUD Planned Unit Development District with a
PR Planned Residential designation and adopting
a conceptual development plan, a copy of which is
attached to and made a part hereof, with conditions
as stated below, to wit
Commencing at the northeasterly corner of said
property, bearing N 77 degrees 09' W 663 86'
thence S 3 degrees 00' W 350.14' thence 530
degrees 43' W 104 70' thence 522 degrees 30'
E 469 83' thence N 23 degrees 30' E 676 02'
thence N 61 degrees 30' E 134.53' thence S 85
degrees 30' E 129 21' thence N 23 degrees 30'
E 56 80' comprising total square footage of
253,169 square feet or 5.812 acres, all in the
City of Dubuque, Iowa.
Section 2 Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of the
reclassification, the undersigned property owner(s)
agree(s) to the following conditions, all of which
the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public needs
that are caused directly by the zoning
reclassification
A Use Regulations_
Regular Session, December 18, 1995 7
The following regulations shall apply to all uses
made of land in the above described PUD District
1) Principal permitted uses shall be limited to
seventy-five (75) living units and one
community center in nine (9) structures.
2) No secondary or contingency uses shall be
permitted.
3) Accessory uses shall include any use
customarily incidental and subordinate to the
principal use it serves_
S_ Lot and Bulk Regulations_
Development of land in the PUD District shall
be regulated as follows
1) All building structures and activities shall be
located in conformance with the attached
conceptual development plan and all final site
development plans shall be approved in
accordance with provisions of the PUD District
regulations of this ordinance and of Section 3-
5.5 of the Zoning Ordinance.
2) All other bulk regulations of the R-4 Multi -
Family Residential District shall be met for
construction of all buildings and structures as
established in Section 3-15 of the Zoning
Ordinance.
C Performance Standards
The development and maintenance of uses in
this PUD District shall be established in
conformance with Section 3-5.5 of the Zoning
Ordinance and the following standards
1) A private drive reviewed and approved by City
Fneineering Division is to be constructed by
the developer.
2) Lighting shall be provided per City standards
3) Landscaping shall be provided in compliance
with Section 4 4 of the Zoning Ordinance and
as stipulated on the attached conceptual
development plan in conjunction with the
completion of the units Final site development
plans must indicate exact location and type of
species to be installed
4) All utilities including telephone and cable
television shall be installed underground
5) Sidewalks shall be placed four (4) feet behind
the curb parallel to the street on all street
frontages and constmcted in accordance with
City standards Safe and convenient circulation
shall be placed in accordance with the
conceptual development plan and constructed
in accordance with City standards away from
the street system to link dwelling units with
other dwelling units, the street and on-site
activity centers such as parking and
recreational areas
6) Final site development plans shall be submitted
in accordance with Section 4-4 of the Zoning
Ordinance prior to construction of each
building or structure unless otherwise exempted
by Section 4-4.
7) 124 off-street parking spaces shall be provided
as shown on the attached conceptual
development plan.
8) Subdivision plats and improvements plans shall
be submitted in accordance with Chapter 42 of
the City of Dubuque Code of Ordinances_
9) Storrs water detention areas shall be
constmcted to control runoff
D. Open Space and Recreational Areas
Adjacent to the community center will be a
play ground arealgreen space Those areas not
designated on the conceptual development plan
for development shall be maintained as open
space, as defined by Section 8 of the Zoning
Ordinance by the property owner and/or
association
E Sign Regulations
The sign regulations shall be in accordance
with the R-4 Multi -Family Residential District
as established in Section 4-311 of the Zoning
Ordinance.
F_ Additional Standards
The conceptual development plan shall be valid
for a period of five (5) years provided a final
site development plan is submitted within two
(2) years from the date of approval
G_ Transfer of Ownership
Transfer of ownership or lease of property in
this PUD District shall include in the transfer or
lease agreement a provision that the purchaser
or lessee acknowledges awareness of the
conditions authorizing the establishment of the
district
E Reclassification of Subject Property -
The City of Dubuque, Iowa, may initiate
zoning reclassification proceedings to the AG
Agricultural District in accordance with
Section 6 of the Zoning Ordinance if the
property owner(s) fail(s) to complete or
maintain any of the conditions of this
ordinance.
L
Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance
with zoning reclassification proceedings of
Section 6 of the Zoning Ordinance.
I. Recording.
A copy of this ordinance shall be recorded at
the expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within ten (10) days
after the adoption of this ordinance This
ordinance shall be binding upon the
undersigned and his/her heirs, successors and
assigns
Section 3 The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa
Section 4 The foregoing amendment shall take
affect upon publication, as provided by law.
Passed, approved and adopted this 18th day of
December, 1995.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 82-95
I, Bill Reinke, representative for Dubuque
Housing Initiative, property owner(s), having read
the terms and conditions of the foregoing
Ordinance No. 82-95 and being familiar with the
conditions thereof, hereby accept the same and
agree to the conditions required therein
Dated this 2lst day of December, 1995
By RI Bill Reinke
Dubuque Housing Initiative
Mercy Housing, Inc
Published officially in the Telegraph Herald
this 3rd day oflanuary, 1996
It 113 Mary A Davis, CMC, City Clerk
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Krieg Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
8 Regular Session, December 18, 1995
Proof of Publication certified to by the
Publisher on Notice of Hearing to dispose of
property to Wendell Corey and City Manager
recommending approval to dispose of said
property, presented and read. Council Member
Voetberg moved that the proof and communication
be received and filed. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Wendell Corey spoke requesting Council
support.
RESOLUTION NO. 419-95
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, Iowa
on 8th day of December, 1995, the City Council of
the City of Dubuque, Iowa met on the 18th day of
December, 1995 at 7:00 p m. in the Public Library
Auditorium, 11th and Locust, Dubuque, Dubuque
County, Iowa to consider the proposal for the sale
of real estate described as
Lot 3 of 1 of 1 of 1 of the Northwest 1/4
Southwest 1/4, and Lot 3 of 2 of 2 of the East
1/2 Southwest 1/4, all in Section 16 T89N R2E
in Dubuque County, Iowa, to Corey
Development, Ltd.
Whereas, the City Council of the City of
Dubuque, Iowa overrules any and all objections,
oral or written, to the proposal to dispose of the
interest of the City of Dubuque, Iowa, in the
hereinabove described real estate to Corey
Development, Ltd.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa in
real property described as Lot 3 of 1 of 1 of 1 of
the Northwest 1/4 Southwest 1/4, and Lot 3 of 2 of
2 of the East 1/2 Southwest 1/4, all in Section 16
T89N R2E in Dubuque County, Iowa, to Corey
Development, Ltd be and the same is hereby
approved for the sum of $410,000, upon the tem
set forth in attached Contract to Purchase dated
October 27, 1995 and Addendum to Contract to
Purchase dated December 8, 1995: conveyance
shall be by Warranty Deed
Section 2 That the Mayor is authorized and
directed to execute the attached Contract to
Purchase, Addendum to Contract to Purchase, and
Warranty Deed, and the City Clerk be and is
hereby authorized and directed to deliver said deed
of conveyance to the above named grantee upon
receipt of the purchase price in full, and
performance of all other conditions by the
purchaser.
Section 3 That the City Clerk be and is hereby
authorized and directed to record a certified copy
of this resolution in the office of the City Assessor,
Dubuque County Recorder and the Dubuque
County Auditor
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption o
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
TCI Cablevision of Dubuque, Inc regarding
the creation of a commercial cable rate structure
endorsed by the Cable Commission and Charles
Ellis, Chairman of the Cable TV Regulatory
Commission reporting on the analysis and
consideration regarding above proposal, presented
and read Council Member Kluesner moved that
the communications be received and filed.
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Member_ Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Sr_ Nancy Miller, Human Rights Commission
Chairperson submitting their 1995 Annual Report,
presented and read Council Member Voetberg
moved that report be received and filed. Seconded
by Council Member Robbins Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Sr_ Nancy Miller spoke clarifying the 1995
Human Rights report_
Rod Bakke, Civic Center Commissioner
requesting the Civic Center Commission and Park
& Recreation Commission remain as separate
Commissions and Gil Spence, Leisure Services
Manager submitting pro and cons regarding
consolidating of Civic Center and Park &
Recreation Commissions, presented and read
Council Member Voetberg moved that the
communications be received and filed. Seconded
by Council Member Robbins Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Corporation Counsel submitting ordinance
changes as result of direction from City Council
during the Boards and Commissions Review,
presented and read Council Member Voetberg
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None.
An Ordinance Enacting a new Section 2-40
establishing the Order for Business and Agenda for
City Council meetings, presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 83-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 2-40
ESTABLISHING THE ORDER OF
BUSINESS AND AGENDA FOR CITY
COUNCIL MEETINGS AND ADOPTING IN
LIEU THEREOF A NEW SECTION 2-40
ESTABLISHING THE ORDER FOR
BUSINESS AND AGENDA FOR CITY
COUNCIL MEETINGS.
NOW, THEREFORE, BE IT ORDAINED BY
Regular Session, December 18, 1995 9
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 2-40 of the City of Dubuque
Code of Ordinances is hereby repealed and the
following new Section 2-40 is hereby adopted_
Sec 2-40 Order of business and agenda
(a) Order of business The general rule as to
the order of business in regular meetings shall be
as follows_
(1) Reading of the call.
(2) Roll call
(3) Proclamations_
(4) Consent items; Business Licenses_
(5) Appointments to Boards and Commissions_
(6) Public Hearings_
(7) Action items
(8) Items to be set for public hearing
(9) Public input.
(10) Adjournment
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflanuary, 1996_
It 1/3 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle earned by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle earned by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Providing for the Establishment
of Committees, Boards and Commission and
providing for a Residency Requirement for
Appointments and requiring the Chairperson of
each Committee, Board or Commission to report to
the City Council on the attendance of members,
presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 84-95
AN ORDINANCE AMENDING SECTION 2-
42 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES PROVIDING FOR THE
ESTABLISHMENT OF COMMITTEES,
BOARDS AND COMMISSIONS BY
REPEALING PARAGRAPH (g) PROVIDING
A RESIDENCY REQUIREMENT AND
ADOPTING IN LIEU THEREOF A NEW
PARAGRAPH (g) PROVIDING FOR A
RESIDENCY REQUIREMENT FOR
APPOINTMENTS TO COMMITTEES,
BOARDS OR COMMISSIONS OR AD HOC
COMMITTEES CREATED BY SUCH
COMMITTEES, BOARDS OR
COMMISSIONS; BY ADDING A NEW
PARAGRAPH (h) PROVIDING THAT CITY
EMPLOYEES ARE NOT ELIGIBLE FOR
APPOINTMENT TO ANY COMMITTEE,
BOARD OR COMMISSION; AND BY
ADOPTING A NEW PARAGRAPH (i)
REQUIRING THE CHAIRPERSON OF
EACH COMMITTEE, BOARD OR
COMMISSION TO REPORT TO THE CITY
COUNCIL ON THE ATTENDANCE OF
MEMBERS OF COMMITTEES, BOARDS
OR COMMISSIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of
Ordinances is hereby amended by repealing
Section 2-42(g) and adopting in lieu thereof the
following new paragraph:
(g) Residency requirement_ No person shall be
appointed or reappointed to a committee, board
or commission or ad hoc committee created by
such committee, board or commission unless
such person is, at the time of such appointment
or reappointment, a resident of the city, and any
person so appointed or reappointed shall
maintain such residency during the tem of the
appointment or reappointment Any member of
a committee, board or commission or ad hoc
committee created by such committee, board or
commission who fails to maintain such
residency shall be deemed removed as of the
date of such charge of residency, any provision
in this Code of Ordinances to the contrary
notwithstanding
Section 2 Section 2-42 of the City of Dubuque
Code of Ordinances is hereby amended by adding
the following new paragraph (h) and (i):
(h) City employees not eligible City
employees are not eligible for appointment to
any committee, board or commission
(i) Attendance report The Chairperson of
each committee, board or commission shall
report to the City Council any member of a
committee, board or commission who failed to
attend more than one-third of the meetings of
such committee, board or commission for the
previous twelve-month period
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflanuary, 1996_
It 1/3 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle earned by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Enacting a new Section 4-43
providing for the Oath of Airport Commissioners;
and providing for the appointment and tams of
members of the Airport Commission, presented
and read.
(OFFICIAL PUBLICATION)
10 Regular Session, December 18, 1995
ORDINANCE NO. 85-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 4-43 PROVIDING
FOR THE OATH AND BOND OF AIRPORT
COMMISSIONERS AND ADOPTING IN
LIEU THEREOF A NEW SECTION 4-43
PROVIDING FOR THE OATH OF
AIRPORT COMMISSIONERS; AND BY
REPEALING SECTION 4-46(a) PROVIDING
FOR APPOINTMENT AND TERMS OF
MEMBERS OF THE AIRPORT
COMMISSION AND ADOPTING IN LIEU
THEREOF A NEW SECTION 4-46(a)
PROVIDING FOR THE APPOINTMENT
AND TERMS OF MEMBERS OF THE
AIRPORT COMMISSION.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-43 of the City of Dubuque
Code of Ordinance is hereby repealed end the
following new Section 4-43 adopted in lieu
thereof:
Sec. 4-43. Oath.
Each member of the airport commission of the
city shall qualify by taking the oath of office.
Section 2. Section 4-46(a) of City of Dubuque
Code of Ordinances is hereby repealed and the
following new Section 4-46(8) adopted in lieu
thereof:
(a) The airport commission shell have e
membership of five (5) persons appointed by the
city council for four-year terms. Such members
shall serve without compensation.
Section 3. Nothing herein shall affect the terms
of any member serving on the effective date of this
ordinance.
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Published officially in the Tcicgraplo Hcrald
this 3rd day ofJanuary, 1996.1
It 1/3 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended. Seconded by
Council Member Nagle. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
An Ordinance Adding a new Section 36-10.1
providing for appointment of members of the City
Zoning Commission to the Airport Zoning
Commission, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 86-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
ADDING A NEW SECTION 36-10.1
PROVIDING FOR APPOINTMENT OF
MEMBERS OF THE CITY ZONING
COMMISSION TO THE AIRPORT ZONING
COMMISSION.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The following new Section 36-10.1 is hereby
adopted.
Sec. 36-10.1. Appointment to airport zoning
commission.
Two members of the commission shall be
appointed by the city council to serve on the
airport zoning commission. A member shall serve
out the term on the airport zoning commission
even if the member's term on the zoning
commission has expired.
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Published officially in the Tcicgraphh Hcrald
this 3rd day of 7anuary, 1996.
It 1/3 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended. Seconded by
Council Member Nagle. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
An Ordinance Relating to the membership of
the Community Teleprogramming Commission
and providing that the Commission shall consist of
seven (7) members appointed by the City Council,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 87-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 44-218(a)
RELATING TO THE MEMBERSHIP OF
THE COMMUNITY TELE -
PROGRAMMING COMMISSION AND
ADOPTING IN LIEU THEREOF THE
FOLLOWING NEW SECTION 44-218(a)
PROVIDING THAT THE COMMISSION
SHALL CONSIST OF SEVEN (7) MEMBERS
APPOINTED BY THE CITY COUNCIL.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 44-218(a) of the City of
Dubuque Code of Ordinances is hereby repealed,
and the following new Section is hereby adopted in
lieu thereof:
(a) The commission shall consist of seven (7)
members appointed by the city council. In its
appointments, the council shall endeavor to
achieve a broad representation of the
subcommunities and public interests which can
Regular Session, December 18, 1995 11
take advantage of dedicated channels to benefit the
residents of Dubuque The council shall appoint
only residents of the city and shall give preference
to applicants who are actively interested in
promoting community cable programming who
possess, or are willing to acquire, video production
background, and who will relate to the spectrum of
informational and cultural needs of cable viewers
of Dubuque.
The cable franchise administrator and anyone
who is an owner, shareholder, employee or agent
of the franchise holder shall be ineligible to serve
as a member of the commission The membership
may include a maximum of two (2) government
officers and employees
Members of the commission who represent
subcommunities utilizing dedicated channels shall
not be deemed to have a conflict of interest in the
use of the equipment and facilities provided for
that purpose solely because of their membership on
the commission
Section 2 Nothing herein shall effect the tem
of office of any person who was a member of the
commission on the effective date of this ordinance
Passed, approved and adopted this 18th day of
December, 1995.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflanuary, 1996
It 113 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that the proposed Ordinances be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinances_ Seconded by Council Member
Nagle_ Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Amending Code of Ordinances
designating Perk & Recreation Commission as the
Perk & Recreation Advisory Commission;
Designating as the Long -Range Planning Advisory
Commission; Designating the Zoning Advisory
Commission; Designating the Investment
Oversight Commission; Designating the
Community Development Advisory Commission
and designating the Housing Trust Fund Advisory
Committee, presented and reed
(OFFICIAL PUBLICATION)
ORDINANCE NO. 88-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
ADDING TO SECTION 34-21 A NEW
PARAGRAPH DESIGNATING THE PARK
AND RECREATION COMMISSION AS
THE PARK AND RECREATION
ADVISORY COMMISSION; ADDING TO
SECTION 36-4 A NEW PARAGRAPH
PROVIDING THAT THE LONG-RANGE
PLANNING COMMISSION SHALL BE
DESIGNATED AS THE LONG-RANGE
PLANNING ADVISORY COMMISSION;
ADDING TO SECTION 36-10 A NEW
PARAGRAPH PROVIDING THAT THE
ZONING COMMISSION SHALL BE
DESIGNATED AS THE ZONING
ADVISORY COMMISSION; ADDING A
NEW PARAGRAPH TO SECTION 2-231
PROVIDING THAT THE INVESTMENT
OVERSIGHT COMMISSION SHALL BE
DESIGNATED AS THE INVESTMENT
OVERSIGHT ADVISORY COMMISSION;
ADDING A NEW PARAGRAPH TO
SECTION 15-46 PROVIDING THAT THE
COMMUNITY DEVELOPMENT
COMMISSION SHALL BE DESIGNATED
AS THE COMMUNITY DEVELOPMENT
ADVISORY COMMISSION; AND ADDING
A NEW PARAGRAPH TO SECTION 26-
36(a) PROVIDING THAT THE HOUSING
COMMISSION TRUST FUND
COMMITTEE SHALL BE DESIGNATED AS
THE HOUSING TRUST FUND ADVISORY
COMMITTEE.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section L Section 34-21 of the City of
Dubuque Code of Ordinances is emended by
adding the following new paragraph:
After January 1, 1996, the commission shell be
known as the perk and recreation advisory
commission
Section 2 Section 36-4 of the City of Dubuque
Code of Ordinances is emended by adding the
following new paragraph:
After January 1, 1996, the commission shell be
known as the long-range planning advisory
commission
Section 3. Section 36-10 of the City of
Dubuque Code of Ordinances is emended by
adding the following new paragraph:
After January 1, 1996, the commission shell be
known as the zoning advisory commission
Section 4 Section 2-231 of the City of
Dubuque Code of Ordinances is emended by
adding the following new paragraph:
After January 1, 1996, the commission shell be
known as the investment oversight advisory
commission
Section 5. Section 15-46 of the City of
Dubuque Code of Ordinances is emended by
adding the following new paragraph:
After January 1, 1996, the commission shell be
known as the community development advisory
commission
Section 6_ Section 26-36(a) of the City of
Dubuque Code of Ordinances is emended by
adding the following new paragraph:
After January 1, 1996, the commission shell be
known as the housing trust fund advisory
committee.
Passed, approved and adopted this 18th day of
December, 1995.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflenuery, 1996
It 1!3 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
12 Regular Session, December 18, 1995
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Providing for the membership
and qualifications of the members of the Building
Code and Advisory Appeals Board, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 89-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 204(6) OF SECTION
11-2 PROVIDING FOR THE MEMBERSHIP
OF THE BUILDING CODE AND
ADVISORY APPEALS BOARD AND
ADOPTING IN LIEU THEREOF A NEW
PARAGRAPH ()) PROVIDING FOR THE
QUALIFICATIONS OF THE MEMBERS OF
THE BUILDING CODE AND ADVISORY
APPEALS BOARD.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 204(3) of Section 11-2 of
the City of Dubuque Code of Ordinances is hereby
repealed and the following new paragraph adopted
in lieu thereof
(b) Membership The building code advisory and
appeals board shall consist of five (5) members
appointed by the city council, three (3) of whom
shall have a background or experience in
architecture, engineering, general building
construction, contracting or carpentry, and two (2)
of whom shall be from the public at large
Section 2 This ordinance shall have no effect
upon members of the building code advisory
appeals board serving as of the effective date of
this ordinance
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflanuary, 1996_
It 1/3 Mary A Davis, CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Providing for the membership
and qualifications of the members of the Electrical
Code Board, presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 90-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 81-3(b) OF
SECTION 18-2 PROVIDING FOR THE
MEMBERSHIP OF THE ELECTRICAL
CODE BOARD AND ADOPTING IN LIEU
THEREOF A NEW PARAGRAPH (b)
PROVIDING FOR THE QUALIFICATIONS
OF THE MEMBERS OF THE ELECTRICAL
CODE BOARD.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 81-3(3) of Section 18-2 of
the City of Dubuque Code of Ordinances is hereby
repealed, and the following new paragraph adopted
in lieu thereof
(b) Membership The electrical code board
shall consist of five (5) members appointed by the
city council Four (4) members shall have a
background or experience in electrical engineering,
electrical contracting, electrical installation or
electrical maintenance, and one (1) member shall
be appointed from the public at large.
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflanuary, 1996_
It 1/3 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Providing for the membership
and qualifications of the members of the
Mechanical Code Board, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 91-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 203(6) OF SECTION
24-2 PROVIDING FOR THE MEMBERSHIP
OF THE MECHANICAL CODE BOARD
AND ADOPTING IN LIEU THEREOF A
NEW PARAGRAPH (b) PROVIDING FOR
THE QUALIFICATIONS OF THE
MEMBERS OF THE MECHANICAL CODE
BOARD.
Regular Session, December 18, 1995 13
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 203(6) of the City of
Dubuque Code of Ordinances is hereby repealed,
and the following new Section 203(6) is adopted in
lieu thereof
(b) Membership. The mechanical code board
shall consist of seven (7) members appointed by
the city council A member shall have a
background or experience in sheet metal
contracting, hot water and steam -fitting
contracting, hot water and steam -fitting work,
refrigeration contracting, refrigeration work, or
mechanical engineering.
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day of lenuary, 1996_
It 113 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
Is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance relating to the tams of members
of the Library Board of Trustees and filling of
vacancies, presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 92-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 30-4 RELATING TO
THE TERMS OF MEMBERS OF THE
LIBRARY BOARD OF TRUSTEES AND
THE FILLING OF VACANCIES AND
ADOPTING IN LIEU THEREOF A NEW
SECTION 30-4 PROVIDING FOR THE
TERMS OF MEMBERS OF THE LIBRARY
BOARD OF TRUSTEES AND THE FILLING
OF VACANCIES.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 30-4 of the City of Dubuque
Code of Ordinances is hereby repealed and the
following new Section 30-4 adopted in lieu
thereof
Each member of the board described in section
30-1 shall hold office for four (4) years and until
such member's successor is appointed and
qualified The tam of office of any member shall
commence on the first day of July in the year in
which the member is appointed Vacancies
occurring on the board through death, resignation
or permanent removal from the city shall be filled
by the mayor with the approval of the city council,
but such appointments shall be made to fill out the
unexpired tam for which the appointment is made
Section 2 Nothing herein shall affect the tam
of any member serving on the effective date of this
ordinance.
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflenuary, 1996_
It 1!3 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
Is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Providing for the name thereof
to Environmental Stewardship Advisory
Commission and changing tam of office to expire
on October 1st, presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 93-95
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
ADDING A NEW PARAGRAPH TO
SECTION 18.5-21 PROVIDING FOR THE
ENVIRONMENTAL STEWARDSHIP
COMMISSION BY CHANGING THE NAME
THEREOF TO ENVIRONMENTAL
STEWARDSHIP ADVISORY
COMMISSION; AND AMENDING
SECTION 18.5-23 BY ADDING A NEW
PARAGRAPH PROVIDING THAT THE
TERM OF OFFICE OF A MEMBER OF
THE COMMISSION EXPIRES ON
OCTOBER IST.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 185-21 of the City of
Dubuque Code of Ordinances relating to creating
the Environmental Stewardship Commission is
amended by adding thereto the following
paragraph:
After January 1, 1996, the Commission shall be
known as the Environmental Stewardship
Advisory Commission
Section 2 Section 185-23 of the City of
Dubuque Code of Ordinances relating to the tam
of office of members of the Environmental
Stewardship Advisory Commission is hereby
amended by adding the following new paragraph:
The term of office of a member appointed after
January 1, 1996, shall expire October lit
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day of lenuary, 1996
14 Regular Session, December 18, 1995
It 113 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Canned by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Canned by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Providing for qualification of
Trustees of Transit Board; providing for powers
and duties of the Board of Trustees; Providing for
the deposit of funds collected and providing for the
management of the Transit System, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 94-95
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 46-67 PROVIDING
FOR THE QUALIFICATION OF TRUSTEES
AND ADOPTING IN LIEU THEREOF A
NEW SECTION 46-67; BY REPEALING
SECTION 46-71 PROVIDING FOR THE
POWERS AND DUTIES OF THE BOARD
OF TRUSTEES AND ADOPTING IN LIEU
THEREOF A NEW SECTION 46-71
PROVIDING FOR THE POWERS AND
DUTIES OF THE BOARD OF TRUSTEES;
BY REPEALING SECTION 46-72
RELATING TO THE DEPOSIT OF FUNDS
COLLECTED FOR THE TRANSIT SYSTEM
AND ADOPTING IN LIEU THEREOF A
NEW SECTION 46-72 PROVIDING FOR
THE DEPOSIT OF FUNDS COLLECTED
FOR THE TRANSIT SYSTEM; AND
REPEALING SECTION 46-81
ESTABLISHING THE OFFICE OF
TRANSIT MANAGER AND ADOPTING IN
LIEU THEREOF A NEW SECTION 46-81
PROVIDING FOR THE MANAGEMENT OF
THE TRANSIT SYSTEM.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 46-67 of the City of
Dubuque Code of Ordinances is hereby repealed,
and the following new Section 46-67 is adopted in
lieu thereof
Sec 46-67. Qualifications of trustees_
The trustees of the transit authority shall
qualify by taking their respective oaths of office
Section 2 Section 46-71 of the City of
Dubuque Code of Ordinances is hereby repealed,
and the following new Section 46-71 adopted in
lieu thereof
Sec 46-7L Powers, duties of board
The board of trustees of the transit authority
shall have
(1) The power to execute agreements and act
as the applicant and recipient of federal and
state grants relating to the transit system
operation and the purchase of new equipment.
(2) The power from time to time to fix and
establish routes and schedules and charge the
same whenever it is deemed advisable and to
fix, maintain and regulate rates, fares or
charges for the transportation of passenger_ and
any incidental services and the rates or charges
to be made for advertising in buses or any other
facility under the control of the board.
Section 3 Section 46-72 of the City of
Dubuque Code of Ordinances is hereby repealed,
and the following new Section 46-72 adopted in
lieu thereof
Sec 46-72 Deposit of funds_
All funds derived from taxation, federal and
state grants, fares, or funds collected othenvise for
transit system purposes shall be deposited with the
treasurer of the city to the credit of the transit
system
Section 4 Section 46-81 of the City of
Dubuque Code of Ordinances is hereby repealed,
and the following new Section 46-81 adopted in
lieu thereof
Sec 46-8L Management of transit system
The City Manager shall provide for the
management of the transit system
Passed, approved and adopted this 18th day of
December, 1995.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
this 3rd day oflanuary, 1996
It 1!3 Mary A Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that the proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Voetberg moved final consideration and passage of
the Ordinance. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending approval of
contract with Strand Associations for Phase III at
Water Pollution Control Plant, presented and read
Council Member Robbins moved that the
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 420-95
AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH STRAND
ASSOCIATES, INC., FOR THE PURPOSE
OF PROVIDING ENGINEERING
CONSTRUCTION SERVICES FOR THE
PI -LASE IIT IMPROVEMENTS AT THE
WATER POLLUTION CONTROL PLANT
Whereas, a Phase IQ improvement has been
budgeted at the Dubuque Water Pollution Control
Plant, and
Whereas, Strand Associates, Inc, has submitted
to the City an agreement to conduct engineering
Regular Session, December 18, 1995 15
construction services of this improvement for an
amount not to exceed $255,600, and
Whereas, funds have been legally appropriated
for this expenditure
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the City Manager be
authorized to execute the agreement for
engineering construction services with Strand
Associates, Inc, dated November 20, 1995, for the
Phase III improvement project at the Dubuque
Water Pollution Control Plant
Passed, approved and adopted this 18th day of
December, 1995.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending approval of final
plat of portion of Rolling Meadows, located near
IF K. Road and Union Park Road, presented and
read Council Member Robbins moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 421-95
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 6 THROUGH 12,
INCLUSIVE, LOTS 20 THROUGH 22,
INCLUSIVE, AND LOTS 27, 28, A AND B OF
ROLLING MEADOWS SUBDIVISION IN
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 6 through 12, inclusive,
Lon 20 through 22, inclusive, and Lots 27, 28, A
and B of Rolling Meadows Subdivision in
Dubuque County, Iowa; and
Whereas, upon said final plat appear streets to
be known as Chloe Lane and Corey Court, and
Whereas, the preliminary plat has been
examined by the Zoning Commission and had its
approval endorsed thereon, with conditions that
Lots 27 and 28 be designated as non -buildable, Lot
12 and Lot B not have direct access to John F
Kennedy Road and that the City Council waive
Article IV, Design and Improvement Standards of
the Subdivision Regulations, except for Section
42-19, Lots and Blocks; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed: and
Whereas, the City Council concurs in the
conditions of approval established by the Zoning
Commission and the City Planner
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the final plat of Lots 6 through
12, inclusive, Lots 20 through 22, inclusive, and
Lon 27, 28, A and E of Rolling Meadows
Subdivision in Dubuque County, is hereby
approved and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of
the City of Dubuque, Iowa, upon said final plat
Section 2 That a homeowner_ association shall
be formed to provide maintenance for streets to be
known as Chloe Lane and Corey Court_
Section 3 That Lot 27 and Lot 28 shall be
designated as non -buildable
Section 4 That no direct access to John F
Kennedy Road shall be allowed from Lot 12 and
Lot B.
Section i That the City Council hereby
waives Article IV, Design and Improvement
Standards, except for Section 42-19, Lots and
Blocks, of the City Subdivision Regulations
Section 6 That in the event the owner shall fail
to execute the acceptance within forty-five (45)
days after the date of this Resolution, the
provisions hereof shall be null and void and the
acceptance of the dedication and approval the plat
shall not be effective
Passed, approved and adopted this 18th day of
December, 1995.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Zoning Commission advising of their approval
to rezone property at 11376 North Cascade Road
(Happy Tails Kennel) from AG to R-3 District as
requested by Marty & Nancy McNamer, presented
and read Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Member_ Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
An Ordinance Amending Zoning Map by
reclassifying property located at 11376 North
Cascade Road from AG Agricultural District to R-
3 Moderate Density Multi -Family Residential
District, presented and read Council Member
Kluesner moved that the requirement that a
proposed Ordinance be considered and voted on
for passage at two Council Meetings prior to the
meeting at which it is to be finally passed be
suspended Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None Council Member
Kluesner moved that a Public Hearing be held on
the proposed Ordinance on the 15th day of
January, 1996, at 7:00 o'clock p m. at the Public
Library Auditorium and that the City Clerk be
directed to publish notice in the manner prescribed
by law. Seconded by Council Member Nicholson.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
16 Regular Session, December 18, 1995
Zoning Commission advising of their approval
to rezone property adjacent to 602 Peru Road from
R-3 to U District as requested by Jerome & Susan
Ernes and David & Mary Haberkom, presented
and read Council Member Kluesner moved that
the communication be received and filed.
Seconded by Council Member Robbins Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
An Ordinance Amending Zoning Map by
reclassifying property located adjacent to 602 Pen
Road from R-3 Moderate Density Multi -Family
Residential District to U Light Industrial District,
presented and read Council Member Kluesner
moved that the requirement that a proposed
Ordinance be considered and voted on for passage
at two Council Meetings prior to the meeting at
which it is to be finally passed be suspended
Seconded by Council Member Robbins Canned
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Council Member Kluesner moved that a Public
Hearing be held on the proposed Ordinance on the
15th day of January, 1996, at 7:00 o'clock p m. at
the Public Library Auditorium and that the City
Clerk be directed to publish notice in the manner
prescribed by law. Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Zoning Commission advising of their approval
to reclassify property at 3425 Pennsylvania
Avenue from R-4 to OS District as requested by
Cindy Gilligan, presented and read Council
Member Kluesner moved that the communication
be received and filed. Seconded by Council
Member Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Amending Zoning Map by
reclassifying property at 3425 Pennsylvania
Avenue from R-4 Multi -Family Residential
District to OS Office Service District, presented
and read Council Member Kluesner moved that
the requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Robbins Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None Council
Member Kluesner moved that a Public Hearing be
held on the proposed Ordinance on the 15th day of
January, 1996, at 7:00 o'clock p m. at the Public
Library Auditorium and that the City Clerk be
directed to publish notice in the manner prescribed
by law. Seconded by Council Member Robbins.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
Zoning Commission advising of their approval
to approve Conceptual Development Plan and
rezone from AG and C-3 to PUD District for
property located at Northwest corner of Asbury
Road and the Northwest Arterial as requested by
Friedman Realty, presented and read Council
Member Kluesner moved that the communication
be received and filed. Seconded by Council
Member Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Amending Zoning Map by
reclassifying property located North of Asbury
Road and West of the Northwest Arterial (HVVY
432) from AG Agricultural and C-3 General
Commercial District to PUD Planned Unit
Development District with a PC Planned
Commercial District designation and adopting a
Conceptual Development Plan, with Conditions,
presented and read Council Member Kluesner
moved that the requirement that a proposed
Ordinance be considered and voted on for passage
at two Council Meetings prior to the meeting at
which it is to be finally passed be suspended
Seconded by Council Member Robbins Canned
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Council Member Kluesner moved that a Public
Hearing be held on the proposed Ordinance on the
15th day of January, 1996, at 7:00 o'clock p m. at
the Public Library Auditorium and that the City
Clerk be directed to publish notice in the manner
prescribed by law. Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Bud Lsenhart spoke expressing sincere
appreciation to Council Members Loras Kluesner
and Robert Nagle whose tams end December 31,
199i Mayor Duggan and the other Council
Members also expressed their sincere gratitude and
respect
At 8:15 p m. Council Member Voetberg moved
that it be resolved to go into Closed Session - In
accordance with Chapter 2017 (3) regarding
strategy meeting of a public employer and pending
litigation Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
At 8:39 p m., Council reconvened.
There being no further business, Council
Member Voetberg moved to adjourn the meeting.
Seconded by Council Member Nagle Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Meeting adjourned at 8:40 p m.
Mary A Davis CMC
City Clerk
Approved 1996.
Adopted 1996.
Regular Session, December 18, 1995 17
Mayor
Council Members
Attest
City Clerk