1993 March Council Proceedings
59
Regul!lr Session, February 15, 1993
Communication of City Manager
rocornrnending acceptance of tranofer of
jurisdiction of Marlo Hills Quarry Rood,
preacnœd ond rea,!. Coum:il Member
Voctbeq¡ moved thai the commnnicalion be
received ond filed. Seconded by Council
Mombe< Nicholson. Carrœd by the
following volo: You-Mayor Brady,
Council Members Deich, Klueaner, Krieg,
Nagle, Nicheløon, Voetber¡. Nays-None.
RESOLUTION NO, $4.93
Wbereas, Marlo Hills Quarry Road is
preseody under the jurisdiction of Dobuque
County, Iowa; ond
Wbereas, the Marlo Hills Quarry Rood
provides aece.ss to the lulien Dobuque
Monument and Ibe Mines of Spain
Conservation area; and
Whereas, Dubuque Couoty has
jurisdiction over the operation and
maintenonce of Ibe Marlo Hills Quarry
Road, ond is desirous of transfening said
jurisdiction to the City of Dubuque, Iowa;
ond
Wbereas, Dubuque Coonty intends to
transfer jurisdiction over the Marlo Hüls
Quarry Rood to Ibe City of Dubuque in
accordance with Section 306.8 of Ibe Code
of Iowa (1991); ond
Wbereas, Dubuque County will transfer to
the City of Dobuque by Quit Claim Deed all
its legal ond equitable tide ond interest in the
Marlo Hills Quarry Road.
NOW, 'fIIERER)RE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the CIty Council finds
that acceptance of Ibe Marlo Hills Quarry
Road into its mnnicipal street syslom is in
the best interest of the City, ond agrees to
Ibe transfer of jurisdiction over the Marlo
Hills Quarry Rood to the City of Dubuque. ,
Section 2. Thst the Mayor is hereby
authorized ond direcœd to execute the
attached Agreement for transfer of public
road jurisdiction over the MarJo Hills Quarry
Road to the City of Dubuque.
Section 3. That the conveyance of the
MarJo Hills Quarry Rood set for ¡ on Ibe
attached deed by Dubuque County, Iowa, to
Ibe City of Dubuque, dated Jonuary 18,
1993, is hereby approved. A -pt of
the ßÙnutes of litis meeting shall be certified
by the City Clerk, to be recorded in the aame
monoer as the Wammty Deed.
Passed, approved ond adopœd Ibis 151b
day of February, 1993.
James E. Brady
Mayor
At...t:
Mary A. Dovis
City Clerk
Council Member Voetherg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Canied by the
following volo: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nichelson, Voetbeq¡. Nays-None.
There being no furlher business, Council
Mombe< Voetbeq¡ moved to adjourn Ibe
meetin8. Seconded by Council Member
Nagle. Carried by Ibe following vote:
Yeas-Mayor Brady, Council Members
Deicb, Kluesner, Krieg, Nagle, Nicholson,
Voetherg. Nays-None. Meeting adjourned
at 11:19 p.OL
Mar¡; A. Dovis CMC
~t~ Clerk
Approve<j,. . iÇ-~:¿'~'1 1993.
¿:
Attest. d~
#7city ~:rk ' ,
Regular Session, March 1, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, March I, 1993; Council
Met at 7:30 p.OL, Public Ubrary Auditorium
Present: Mayor Brady, Council Members
Kluosner, Krieg, Nagle, Nicheløon, Voetber¡,
City Monager Michael Van Milligen,
Corporation Counsel Barry A. Undahl.
Absent: Council Momber Deich.
Mayor Brady road the caIIond staœd litis
is the Regular Session of Ibe City Council
called for the purpose to act upon such
business which may properly come before
Ibe Council. Invocation was given by Jim
Cumnùngs, Pastor of First Baptist Church.
Proclamations: Month of March as 'Youth
Art Monlb"; Month of March as
"Professional Social Werk Month' received
by Bev Oberfoell.
Council Member Krieg moved that Ibe
rules be suspended to allow onyone present
to nddress the Council if they so desire.
Seconded by Council Member Nagle.
Carried by the following vote:
You-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voetbeq¡.
Nays-None. Absent-<:ouncil Member
Deich.
Proof of Publication certified to by Ibe
Publisher on Notice of Public Hearing to
reclassify properties locaœd on Pennsylvania
Avenue East of Butterfield Drive from R-I
to PR Disttic~ Petition of approximately 49
property owners wilitin 200 feet of area,
opposing the rezoning request (Constitutes
20% of adjoining owners); Conunnnicalion
of Maureen Pape approving rezoning for Ibe
Horizon Prcject on Pennsylvania Ave. ond
Commnnicalion of Scenic Valley Area VIII
Agency on Aging suppcrling the Horizon
InvesbUent and Dovelopment Corporation
PIau, presenœd and road. Council Member
Krieg moved that the proof of publication be
received and filed. Seconded by Council
Member Voetherg. Carried by the following
vote: You-Mayor Brady, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None. Absent-Council
Member Deich.
60
Chuck Heath ond Jay Lange of Horizon
InvesbUent opoke citing specifics of the
proposed development Leonard Diederichs,
1870 Carter, Edna Breitbach, 1694
Butterfield, Bomey and Lois Bishop, 1845
Carter, Gene Kernall, 1872 Carter, objecœd
to the _ed development
An Ordinance amending Zoning
Ordinauœ by reclassifying property locaœd
on Pennsylvania Avenue East of Butterfield
Drive from R.I Single-Family Residential
Disttict to PR Planned Residential District
and adopting a Conceptoal Development
PIau, said Ordinonce having been preacnœd
and lOad at the Council Meeting of 2-15-93,
preacnœd for further action. Council
Mombe< Nicholson moved to table the
Ordinauœ. Seconded by Council Member
Nagle. Canied by the following vole:
YCU-<:ouncil Members Klnesner, Krieg,
Nicholson, Voetber¡. Nayo-Mayor Brady,
Council Member Nagle. Absent-Council
Mombe< Deich.
Council recessed at 9:02 p.OL; Council
reconvened at 9:2g p.OL
Peoof of Publication certified to by the
Publisher on Notice of Public Hearing to
reclassify property at 787 W. Locust Street
from R.2A to OR District presenœd and
lOad. Council Momber Nagle moved that Ibe
proof of publication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voetbeq¡.
Nays-None. Absent-Council Member
Deich.
There were no written objections received
ond no objectors present at the time of dIe
Hearing. David Ludovissy requesœd
favorable zoning.
An Ordinance amending Zoning
Ordinance by reclassifying property locaœd
at 787 W. Locust Street fiumR-2A Alternate
Two-Family Residential district to OR Office
Residential Disttict said Ordinance having
been presented and read at the Council
Meeting of 2-15-93, presenœd for furlher
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 7-93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
61
Regular Session, March 1, 1993
THE CITY OF DUBUQUE, IOWA,
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED AT'I'W.
LOCUST FROM R-2A
ALTERNATE TWO.FAMILY
RESIDENTIAL DISTKICT TO OR
OFFICE RESIDENTIAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
by revising Appendix A thereof, also known
as the Zoning Ordinonce of the CIty of
Dubuque, Iowa, to reclassify hen:inafter
deserlbed property from R-2A Alternate
Two-Farnily Residential Disttict to OR
Office Residential Disttic~ to wit:
Klngdcrn Hall Plsce, and to the ceuter
line of the adjoiniog public rlght-of-
way, all in Ibe City of Dubuque, Iowa.
Section 2. Thst the foregoing amendment
has beretofore been reviewed by the Zoning
Comnùssion of Ibe City of Dubuque, Iowa.
Passed, approved and adopœd litis 1st day
of March, 1993.
RESOLUTION NO. 55.93
James E. Brady
Mayor
Wbereas, pursuant to resolution and
published notice of dme and place of
hearing, published in the Telegnph Herald,
a newspaper of general circulation published
in the City of Dubuqne, Iowa on the 191b
day of I'ebruary, 1993, Ibe City Council of
the City of Dubuque, Iowa met on the 1st
day of March, 1993, at 7:30 p.m. in the
Public Ubrary Auditorium, I1Ib and Locust,
Dubuque, Dubuque County, Iowa, to
consider the proposal for the vacation and
release of real estate described as:
The easterly four feet (4') of the ten foot
(10') wide udlity easement along Ihe
westerly boundary line of Lot Thirteen
(13) of Block Three (3) in Embassy West
No.2 in the City of Dubuque, Iowa, as
shown upon the plat of Emhsssy West
No.2, in the City of Dubuque, Iowa, and
filed as InslrUment No. 7248-91 in the
office of the Recorder of Dubuque
County, Iowa;
Wbereas, the City council of the City of
Dubuque, Iowa overruled any and all
objectioos, oral or written, to the proposal to
dispose of interest of Ibe City of Dubuque,
Iowa, in the hereinahove described real
estate.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL 01' THE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of Ibe City of Dubuque County,
Iowa in real property deserlbed as the
easterly four feel portion of an existiog 10
foot wide utility easement along the westerly
boundary line of Lot 13 of Block 3 in
Embassy West No.2 in the City of
Dubuque, Iowa, as shown upon the plat of
Embassy West No.2, in the City of
Dubuque, Iowa, and filed as Instrument No.
7248-91 in the office of the Reccrder of
Dubuque County, Iowa be and Ibe same is
hereby spproved for the cost of publication
ond filing fees.
Section 2. That the Mayor be authorized
and directed to execute a Partial Release of
Easemen~ ond the City Clerk be and is
hereby aulhorized and direc1ed to deliver
said Partial Release of Easement to Westside
Development Association upon receipt of the
above fees.
Section 3. Thst the City Clerk be and is
heroby aulborlzed ond direc1ed to record a
certified copy of litis resolution in the office
of the City Assessor, Dubuque County
Reccrder ond the Dubuque County Auditor.
Attest:
Mary A. Devis
City Clerk
Published officially in the Te"graph
Herald newspaper litis 8th day of March,
1993.
Mary A. Devis CMC
11 3/8 CIty Clerk
Council Member Nagle moved final
adoption of the Ordinonce. Seconded by
Council Member Nichelson. Canied by the
following vole: You-May.. Brady,
Council Members Kluesner. Krieg, Nagle,
Nicholson, Voetheq¡. Nays-None.
Absent-Council Member Deich.
Proof of Publication certified to by the
Publisber on Notice of Public Hearing to
consider releasing on utility easement locaœd
in Embassy West No.2, preacnœd ond read.
There were no written objections preacnted
and no cral objectors present at the lime of
the Hearing. Counci1 Member Nagle moved
that the pmof of publicadon be received and
filed. Seconded by Council Member
Nicholson. Carrœd by the following vOle:
Yeas-Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nicholson, Voctherg.
Nays-None. Absent-<:ouncil Member
Deicb.
Regular Session, March 1, 1993
Passed, approved and adopœd litis 1st day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Momber Nagle moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Canied by the
following volo: Yeas-May.. Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetbeq¡. Nays-None.
Absent-<:ouncil Member Deich.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider granting pennission to SOD Uno
Railroed Company to lay down and opente
railroed track or tracks in Washington Street
area, presenœd ond road. There were no
objections received ond no oral objectors
present at the time of Ibe Hearing.
RESOLUTION NO. ~.93
RESOLUTION APPROVING
PLATS OF RIGHTS.OF-WAY ON
6TH, AI,LEY BE1WEEN 6TH AND
WASHINGTON STREET,
W ASIDNGTON STREET, 7TH,
WALL, ALLEY BETWEEN 7TH
AND gTH STREETS, ITH, PINE,
9TH STREET, 11TH STREET, AND
KERPER BOULEVARD
Wbereas, there hss been presenœd to the
City Council of the City of Dubuque plats
daœd September 17, 1990 prepared by
I.D.O.T., describing the rights-of-way on 6th
Stree~ alley between 6th and Washington
Stree~ Washington, 7th, Wall, alley between
7th and 8th Stteets, 8th, Pine, 9th Stree~
11th Stree~ and Kerper Boulevard; and
Wbereas, said plat confcrms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. That the plats daœd September
17, 1990 prepared byI.D.O.T., relative to the
rights-of-way hereinabove described be and
the same is hereby approved, ond that the
Mayor and City Clerk be ond they Ire
hereby authorized and direcœd to execute
said plats for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the City Clerk be ond is
hereby authorized and direc1ed to file said
plats and certified copy of litis resolution in
the office of the Recorder, in and for
Dubuque County, Iowa.
62
Passed, approved and adopœd litis 1st day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
CIty Clerk
Council Member Krieg moved sdopdou
of the Rcsclution. Seconded by Counci1
Mombe< Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council
Mombers Kluesner, Krieg, Nagle, Nicholson,
Voctber¡. Nays-None. Ahsent-Council
Mombe< Delch.
An Ordinonce granting to the SOO Une
Rallmad Ccropany rights-of-way over
portions of 6th SL, Washington SL, the alley
between 6th SL and Washington SL, Wall
SL, 7th SL, 8th SL, Ibe alley berween 71b SL
and 81b SL, Pine SL, Kerper Boulevard and
11th S~ preacnœd and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 1-93
AN ORDINANCE GRANTING TO
TIlE SOO LINE RAILROAD
COMPANY RIGHTS-OF-WAY
OVER PORTIONS OF 6TH
STREET, W ASIIINGTON STREET,
THE ALLEY BE1WEEN 6TH
STKEET AND WASHINGTON
STKEET, WALL STREET, 7TH
STKEET, ITH STREET, THE
ALLEY BETWEEN 7TH STREET
AND 8TH STREET, PINESTREET,
KEIIPER BOULEVARD AND 11TH
STREET
Wbereas, pursuant to resolution ond
published notice of time ond place of
hearing, published in Ibe Telegtaph Herald,
a newspaper of general circulation published
in the City of Dubuque, Iowa on litis 19th
day of February, 1993, the City Council of
the City of Dubuque, Iowa met on the 1st
day of March, 1993. at 7:30 p.oL in Ibe
Public Ubrary Auditorium, 11th ond LocIJS~
Dubuque, Dubuque County, Iowa to consider
the proposal for granting rights-of-way over
6th, Washington, ond the alley between 6th
and Washington, 7th, Wall, the alley
between 7th and 8th Stteets, 8th, Pine, 9th
Stree~ 11th Stree~ and Kerper Boulevard in
the City of Dubuque, Iowa; and
Wbereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, cral or written, to the disposing
of an in_t of the City of Dubuque, Iowa
in the hereinabove deserlbed real estate by
grsnting the rights-of-way 10 the Sou Une
Rallmad Ccropany.
63
Regular Session, March 1, 1993
NOW, 'fIIERER)RE, BE IT ORDAINBD
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That permission be, ond the
same is hereby granœd to Sou Uno Rai1rood
C~y, ita successors ond assigns, to lay
down ond operate such railroad track or
tracks as may be necessary in the
prosecution of its business, upon, along, ond
through 6th Stree~ the alley between 6th and
Washington Stree~ Washingtou, 7th, Wall,
the alley between 71b and 8th Slreets, 8th,
Pine, 91b Stree~ IIIb Stree~ and Kerper
BouIevud lu said City of Dubuque;
pmvlded, such track or tracks do not
interfere with the railroad baCks now laid,
and in ..tual use of any other railroad
~y.
Section 2. That whenever required by the
City Council of litis CIty, said Sou Line
Railroad Ccrnpony shall, at its own expense,
grade suCh part of said streets as shall be
used for said track or tracks, and thai portion
of any slreet crossed by its tracks along aaid
slreets ond shall keep Ibe space between the
rails ond to the end of the ties so graded that
vehicles may easily pass over Ibe same; ond
on each side of every street crossed by its
aaid IIack, along said streets, shall cons1ruCt
and mainndn suitable culverts ond drains, so
that Ibe free passnge of water shall nUl be
impeded by the track or tracks hereby
permitted; and shall at slreet crossings along
said streeta plank between the rails, and
make suitable approuehes to enable vehicles
to cross its track, and shall fully com¡iy with
all reasonable pclice regulations which the
authorities of litis City may establish in
relation to the running of tIains on said track
or tracks, within the limits of litis City.
Section 3. That the track or tracks herein
authorized shall be laid to the grade
established by the City, and should the grade
be cbsuged any time the said track er tracks
shall be chonged to conform to said chonge
of grade, such change of track er tracks to
be made at the expense of the Compony, and
the Con.-ny to hIve no claim fer damages
against the City because of such chonge.
Section 4. Thst if said C~y or its
successon docs not cons1ruCt a railroad track
or baCks ond operate the aame upon said
rights-of-way wilitin five years from the date
hereof, or ahandons er fails 10 use such track
er baCks fer three continuous years, all
rights granted hereunder shall be forfeiœd,
without furlher action of ony kind by the
City.
Section 5. That all OIdinances of the City
heretofore passed in conflict with litis
ordinance, er inconsislont with litis
ordinance, are hereby repealed.
Section 6. Thst the Mayor be authorized
and - to execute the attached Grant of
Right-of-Way and forward the executed copy
to the Sou Une Railroad.
Section 7. That Ibe City Clerk be and is
hereby aulborlzed and direcœd to record a
certified copy of litis Ordinauœ in the office
of Ibe Dubuqne County Recorder.
Section g. That litis ordinance shall take
effect upon publication as provided by law.
Passed, approved ond adopted litis 1st day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
CIty Clerk
Published officially in Ibe Telegraph
Herald newspaper litis 8th day of March,
1993. Mary A. Davis CMC
11 3/8 City Clerk
Council Member Krieg moved that this be
considered the first reading of the Ordinance,
and that Ibe requirement that a proposed
Ordinauœ be considered ond voœd on for
passnge at two Council meetiogs prior to the
meeting at which it Is to be finally adopœd
be suspended ond forlher moved final
adoption of the Ordinance. Seconded by
Council Member Nagle. Carrœd by the
following vole: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-<:ouncil Member Deich.
Proof of Publication cerlified to by the
Publisher on Notice of Public Hearing to
consider enlarging Ibe Residential Parking
Pernùt Disttict 'B", and an ORDINANCE
Amending Code of Ordinauœs by adding
West Third Stree~ South Side, from St
Mary's Street to Bluff Stree~ to subsection
(a) of Section 32-395 Ibereof establishing
Residential Puking Permit Disttict "B",
preacnœd and read. Council Member
Voctherg moved thai the proof ofpublication
and Ordinonce be tabled to the Council
Meedng of April 5, 1993. Seconded by
Council Momber Krieg. Carried by Ibe
following volo: You-Mayor Brady,
Counci1 Membe.. Kluesner, Krieg, Nagle,
Nicholson, Voetbeq¡. Nays-None.
Absent-<:ouncil Member Delch.
Petition of Eldon Pfohl requestiog the
Counci1 to endorse the "Idea" of having
came... instal1ed in all 14 police squad cars,
withdtawn by petitioner.
Communication of City Manager
recommending a financial assistance package
for the W.C. Brown Commnnications, Inc.
explOsion projec~ presented and road.
Council Member Krieg moved that the
commnnication be received and filed.
Seconded by Council Member Nagle.
Regular Session, March 1, 1993
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voctherg.
Nays-None. Absent-Counci1 Member
Deich.
Attorney Jim Heckmann, repreacnting
WoL C. Brown Communications Inc., ond
Hugh Lamont bulb requesœd favorable
approval of litis matter.
RESOLUTION NO. 57.93
RESOLUTION AUTHORIZING
TIlE FILING OF A COMMUNITY
ECONOMIC BETTERMENT
ACCOUNT APPLICATION ON
BEHALF OF WILLIAM C.
BROWN COMMUNICATIONS,
INC.
Whereas, William C. Brown
Commnnications, Inc., a local colle1le
textbook and educational material publisber,
is considering the expansion of its existing
stolage and disttibution facility and Ibe
development of a new technology center at
its Keiper Boulevatd complex; and
Wbereas, the City Council of Dubuque,
Iowa has reviewed said pmject and has
determined that it will conttibute to the local
economy through the creation of jobs for
area residents and Ibe explOsion of the
existing property tax base; ond
Wbereas, the Community Economic
Betterment Account (CEBA) program has
been created by the Iowa DeparbUent of
Economic Development to assist in Ibe
economic development efforts of local
jurisdictions; and
Wbereas, the City of Dubuqne, Iowa is
eligible to apply for funding form Ibe
Commnnity Economic Betterment Account
program as defined in House File 225, Acts
of the 71st General Assembly.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Thst the filing of on
application for parricipadon in the Iowa
Commnnity Economic Betterment Account
program on behalf of William C. Brown
Commnnicalions, Inc. is approved.
Section 2. Thst the Mayor is hereby
authorized to execute and submit aaid
application to the State oflowa Development
Commission together with such
documentation as may be required.
Passed, approved ond adopœd litis 1st day
of March, 1993.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
64
Council Member Krieg moved adoption
of the Reaclution. Seconded by Council
Mombe< Nagle. Carried by the following
vote: Yeas--Mayor Brady, Council
Mombers Kluesner, Krieg, Nngle, Nicholson,
Voctbeq¡. Nays-None. Absent-Council
Mombe< Deich.
Commnnication of City Monnger
requesting approval to allow Staff to
purohase property at Sheriff's aale if all
criteria is met and conveyance of property is
acœpœd, presenœd ond read. Council
Member Nagle moved that the
commnnication be received and flied.
Council Member Nicholson. Canied by the
following volo: You-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetbcrg. Nays-None.
Absent-<:ouncil Member Deich.
RESOLUTION NO, 58-93
RESOLUTION AUTHORIZING
THE HOUSING SERVICES
DIVISION MANAGER TO
PURCHASE PROPERTY AT
AUCTION FOR TIlE DREAMS
PROGRAM.
Wbereas, the Housing Services Division
of the City of Dubuque is in Ibe process of
acquiring a number of vacant and ahsndoned
houses in order to establish an inventory of
properIies for the DREAMS Program; and
Wbereas, from time to time, such
properties are offered at foreclosure we
auctions on short notice, ma1dng it difficult,
if not impossible, for prior approval by the
City Council of the purcbase of said
properties; and
Wbereas, the City Council finds that it is
in the best interest of the City to authorize
the Housing Services Division Manager to
pom:hsse such peoperIies at auction without
prier City Council approval.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
The Housing Services Division Manager
is bereby authorized to purchase vacant ond
ahondoned houses wilbout prior City Council
approval, but only upon the foilowing tenus
and conditions:
1. Such vacant and abandoned houses
shall be purohsaed ouly for purposes
of the DREAMS Program; and
2. The Housing Services Division
Manager shall not bid on ony
property if there is ony private
bidder, other thon a lienholder,
bidding at such auction; and
3. The purcbase price offered by the
Housing Services Division Manager
at any such auction shall uUl exceed
65
Regular Session, March 1, 1993
the affmdability limits establisbed by
the DREAMS Progmm; and
4. All such purchases ond Ibe purchsae
price at auc60n shall be approved
prior to any such offer by the City
Manager.
Passed, approved ond adopœd litis 1st day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
CIty Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Nichelson. Carrœd by Ibe
following vote: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetber¡. Nays-None.
Absent-<:ouncil Member Deich.
RESOLUTION NO. 59.93
RFSOLUTION OF APPROVAL OF
ACQUISITION OF REAL ESTATE
AND ACCEPTANCE OF
PROPERTY AT 3257 SHERIDAN
ROAD, IN THE CITY OF
DUBUQUE.
Wbereas, the City of Dubuque is
comnùtted to enforcement of housing quality
staodards ond to the provision of assistance
toward the purohsae of housing nnits by
first-time, income-qualifying buyers uodcr
the City's "DREAMS' Program; and
Whereas, acquisition of suitable
properties, in specific inatances, is an
appropriate means of achieving Ibese goals;
and
Wbereas, the Dubuque County Sheriffhsa
sold litis property at foreclosure sale and
delivered to the City a Sheriff's Deed
naming the City of Dubuque, Iowa, as holder
of all rights, tilie and interests in said
property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. Thst the City Council of the
City of Dubuque hereby approves the
acquisition of the following legally described
property:
Lot 2 of Lot 2 of Lot I of Lot 3 of Lot I,
ond Lot 2 of Lot I of Lot I of Lot I of
Lot 2 of Lot I of Lot 3 of Lot I, holb of
the subdivision of: Lot I nfLot I of Lot
I, and Lot 2 of Lot I of Lot I of Mineral
Lot 324, in Section 12, Township 89
NorIh, range 2 East of the 5th p.m, in the
City of Dubuque, Iowa, acconIing to the
recorded plats Ibereof,
at Ibe cost of Twenty-One Thousond Nine
Hundred Sixty-One Dullars ($21,961).
Section 2. The City Council of the City
of Dubuque, Iowa, hereby approves of,
accepts, and consents to the conveyance of
the above-described property and the
Sherifrs Deed from the Dubuque County
Sheriff, attached hereto.
Section 3. The City Clerk is hereby
authorized and direcœd to cause said
Sherifrs Deed to be recorded in the office of
the Dubuque County Recorder, together with
a certified copy of litis Resolution.
Section 4. The City Clerk is hereby
directed to forward a copy of litis Resolution
to Ibe Dubuque County Assessor and Ibe
Dubuqne County Auditor.
Passed, approved and adopted litis 1st day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of Ibe ResoIu60n. Seconded by Council
Momber Nicholson. Canied hy the
following vote: You-Mayor Brady,
Couucil Members Klnesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Council Member Deich.
An Onlinance repea1ing Section 2-21 of
the Code of Ordinances ond adopting in lieu
thereof a new Section 2-21, providing for Ibe
compensation for Ibe Mayor and Council
Members, said first reading given at meeting
of 1-18 and 2nd reading given at meeting of
2-15, presenœd for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 9-93
AN ORDINANCE REPEALING
SECTION 2-21 OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES, PROVIDING FOR
THE COMPENSATION FOR THE
MAYOR AND COUNCIL
MEMBERS, AND ADOPTING IN
LIEU THEREOF A NEW SECTION
2-21, PROVIDING FOR THE
COMPENSATION FOR THE
MAYOR AND COUNCIL
MEMBERs.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 2-21 of the City of
Dubuque Code of Ordinances is hereby
repealed.
Section 2. The fellowing uew Section 2-
21 is bereby adopœd.
Section 2-21. Compensation
(a) The compensation for the mayorshsll
be nine thousand one huudred twenty-five
Regular Session, March 1, 1993
dollan ($9,125.00) per annum, and Ibe
compensation for Councilmembers shall be
six thousond eighty-three dollars ($6,083.00)
per annum
(b) Effective January I, 1994, the
compensation for the mayor shall be nine
Ibousond Ihree hundred ninety-nine dollan
($9,399.00) per annum, and the
compensation lor Councilmembers shall be
six thousand two hundred sixty-five dollars
($6,265.00) per annum.
(c) Effective January I, 1995, Ibe
compensation for the mayor shall be nine
thousand six hundred eighty-one dollsrs
($9,681.00) per annum, and the
compensation for Councilmembere shall be
six thousand four hundred fifty-Ihree dollsrs
($6,453.00) per annum
(d) Effective Janusry I, 1996, the
compenaation for the mayor shall be ten
thousond and sixty-eight dollars ($10,068.00)
per annum, and Ibe ccrnpeusation for
Councilmembers shall be six thousand seven
hundred eleven dollars ($6,711.00) per
annum.
(e) Effective January I, 1997, Ibe
compensation for the mayer shall be ten
thousond four hundred seventy-une dollan
($10,471.00) per annum, and Ibe
compensation for Councilmembers shall be
six thousand nine hundred seventy-nine
dollars ($6,979.00) per annum.
Section 3. This Ordinauce shall take
effect on publication.
Passed, approved and adopœd litis 1st day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Tekgroph
Herald newspaper litis 8th day of March,
1993.
Mary A. Davis CMC
It 3/8 City Clerk
Council Member Krieg moved that litis be
considered the IiIird reading and final
adoption nf the Ordinance. Seconded by
Couucil Member Nicholson. Canied by Ibe
following vote: You-Mayer Brady,
Couucil Members Kluesner, Krieg, &ad
Nicholson. Nays-<:ouncil Members Nagle,
Voetbeq¡. Absent-<:ouucil Member Deich.
RESOLUTION NO. 60-93
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 we of
Cigarettes wilitin Ibe City of Dubuque, Iowa,
66
be granœd a permit to soli CIgarettes ond
Cigarette papers wilitin said City.
TFM Co. Oky Dål:y * 2
P.O. B"" 30051 W. 32nd St
Passed, approved ond adopœd litis 1st day
of March, 1993.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Mornbe< Nagle moved adoption
of Ibe Resolution. Secooded by Council
Mombe< Nicholson. Carrœd by Ibe
following vole: You-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Abs.ent--Counci1 Member Deich.
RESOLUTION NO. 61-93
Whereas, applications for Beer Permits
have been suhoùlled ond filed to this Council
for approval and the same have been
examined ond approved; ond
Wbereas, the premises to be occupied by
such applicants were inspecœd and foond to
comply with the Ordinances of litis City and
have filed proper honds.
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 ap¡Xicants
a Beer Permit
CLASS 'B" BEER PERMIT
Kids World Pizza Place & Fun Center
Sunday Sales 3033 Asbury
CLASS "C" BEER PERMIT
Melo Oil Company Big '10" Mart
Sunday Sales 2100 J.F.K.
Passed, approved and adopœd litis 1st day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Mombe< Nichelson. Canied by the
following vole: Yeao-Mayer Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetherg. Nays-None.
Absent-<:ouncil Member Deich.
RESOLUTION No. 6:1-93
Wbereas, applications for Uquor Ucenses
have been suhnùtted to litis Council for
approval &ad the aame have been examined
and approved; and
Wbereas, the premises to be occupied by
such applicants were inspecœd and found to
67
Regular session, March 1,1993
comply with the State Law and all CIty
OnIInancea relevant - ond they have
filed proper bunda.
NOW, THEREFORE, BB IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUB. IOWA:
That the Monager be authorized to cause
to be issued the following named applicants
a Uquor Ucense.
CLASS 'B' (HOTEL-MOTEL) BEER
AND UQUOR LICENSE
Dubuque Lodging Inc. Days Inn
Sunday Salcs II II Dodge St
CLASS 'C' (COMMERCIAL) BEER
AND UQUOR LICENSB
Cue Mas1er Lid. Cue Mas1er Billiarcls
Sunday Sales 900 Central
Passed, opproved ond adopœd this
1st day of March 1993.
James B. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the RcscIulion. Seconded by Counci1
Mombe< Nicholson. Carrœd by the
following vUll>: You-Mayer Brady.
Council Members Kluesner, Krieg, Nagle,
Nicholaon, Voetheq¡. Nays-Nooe.
Absent-<:ouncil Member Deich.
Commnnication of City Manager
subnùtting reso1u1ionø providing for the
construction of the Brunskill Rood Sanitary
Sewer Ex1ension, presenœd ond read.
Coum:il Member Kluesner moved that the
communicadon be received and filed.
Seconded by Council Mombe< Voetbe<g.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voctber¡.
Nays-None. Absent-<:ounciI Member
Deich.
RESOLUTION NO. Ð.93
PRELIMINARY APPROV AI.. OF
PLANS AND SPECIFICATIONS
NOW TIIERBFORE, BB IT RESOI. VBD
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUB. IOWA:
That the proposed plana, specifications,
form of contract and estimaœd cost for the
Brunskill Road Sanitary Sewer Extension, in
the eatimated amount of $88,455.00, are
hereby approved and ooIered filed in the
office of the CIty Clerk fer public inspection.
Passed, adopœd and opproved litis 1st day
ofMarch,I993.
James B. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Conncil Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetbe<g. Canied by the
following vote: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-<:ouncil Member Deich.
RESOLUTION No. 64.93
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specificationø, and form of conb'act and
placed aame on file in Ibe office of the City
Clerk fer public inspection of the Brunskill
Road Sanitary Sewer Extenøion.
NOW THBREFORE, BE IT RESOL VBD
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUB, IOWA:
That on the 5th day of April, 1993, a
public hcsring will be held at 7:30 p.m in
the Public Uinry Auditoriurn at which lime
interesœd persons may appear and be heard
for or against the proposed pions and
specifications, form of contract ond cost of
said improvemen~ and the City Clerk be ond
ia hereby direcœd to cause a notice of time
and place of such bearing to be published in
a newspaper having general circulation in the
CIty of Dubuque, Iowa, which notice shall
be not Icsa Ihau four days ner more Ihau
twenty days prior to the day fixed for its
consideration. At the hearing, any in1eresled
penon may appear and file objections to Ibe
proposed plans, specifications, contrac~ or
eslimaœd cost of the improvemenL
Passed, adopœd ond opproved this 1st day
of March, 1993.
James B. Brady
Mayor
Attest
Mary A. Davis
CIty Clerk
Council Member Kluesner moved
adoption of the ReaoIution. Seconded by
Council Member Voetheq¡. Canied by the
following volo; Y~Mayer Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson. Voetheq¡. Nays-None.
Absent-ConnciI Member Deich.
Regular Session, March 1, 1993
68
RESOLUTION NO. 65-93
RESOLUTION OF NECESSITY
Wbereas, _sed plans hIve been duly
prepared and opproved by the City Counci1
of Ibe City of Dubuque and are now on file
in the office of CIty Clerl< showing among
olber litings the plans, specifications, form of
conb'ac~ estimaœd cost and preliminary plat
and schedule showing the amount proposed
to be asaeszed against each lot and the
valuation of each lot as filed by the CIty
Council, for Ibe Brunskill Road Sanitary
Sewer Extension.
NOW THEREFORE, BE IT RESOL VBD
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the City Council deema it advisable
and necessary for the public welfare to moko
Ibe berein mentioned improvements, ond
uuleas property owners at the time of the
final consideration of ibis _sed
resolution have on file with the City Clerk
objections to the resolution 01' necessity, they
shall be deemed to have waived all
objections pertaining to Ibe reguladty of the
proceeding ond the legality of using Ibe
special assessment procedure.
Said improvements shall be construcœd
and done in accordance with the plans and
specifications which hIve been approved by
the City Council and now on file with the
City Clerk. Thst the cost ond expense of
making such improvement will be asaessed
psrIially or totally against privately owned
property lying with the assessment limits,
and in an amount not to exceed thai
provided by law, and in proportion to the
special benefits conferred.
The purIion of the cost which shall be
home by the City will be paid from Sewer
Construction Funds, ond special assessment
bonds may be issued in anticipation of
defened puyments of asaessments when a
conb'act has been performed and acœpœd,
and the proceeds Ibereof used to pay the
contractor.
The above reselution was introduced,
approved and ooIered placed on file wilb Ibe
City Clerk litis 1st day of March, 1993.
Approved ond placed on file for final
action.
James B. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resclution. Seconded by
Council Member Voetberg. Carried by the
following vUll>: You-Mayer Brady,
Council Members Kluesner, Krieg, Nagle,
Nichclaon, Voetheq¡. Nays-None.
Absent-<:oum:il Member Deich.
RESOLUTION NO. ""93
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of tlte City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans,
specifications and form of contract and
placed aame on file in the office of the City
Clerk for public inspection, fer the Brunskill
Road Sanitary Sewer Extension, and,
Wbereas, the proposed Resolution of
Neceasity for said improvement has been
introduced and is now on file in the City
Clerk's office for public inspectinn.
NOW THEREPORE, BE IT RESOL VBD
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 5th day of April, 1993, a
public bearing will be held at 7:30 o'clock
p.m in the Public Ubrary Auditorium in the
CIty of Dubuque at which lime the owners
of peuperty subject to assessment for the
proposed improvement or any other penon
hIving an interest in the matter may appesr
and be heard fer er against the making of
the irnprovemen~ the buundarira of the
disttic~ the cos~ the asaessment against any
101. er the final adoption of a resclution of
neceasity ond the City Clerk be ond is hereby
authorized and directed to cause a notice of
time ond place of such hearing to be
published in a newspaper havina general
circulation iu the City of dubuque, Iowa,
which notice shall be published once each
week fer two consecutive weeks, the first
publication of which shall be net less Ihau
ten days prier to the day fixed for its
consideration. Unleas property owners at the
time of the final consideration of litis
proposed resolution hIve on file with the
City Clerk objections to the Resclution of
Neceasity they shall be deemed to have
waived all objectionø thereto.
Passed, adopœd ond opproved ibis 1st day
of March, 1993.
James B. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Coum:il Member Kluesner moved
adoption of the Reaclution setting litis matter
for Public Hearing on April 5, 1993 at 7:30
p.m in the Public Ubrary Auditoriurn and
that the City Clerk publish notice in the
monoer prescribed by law. Seconded by
Council Member Voetheq¡. Canied by the
following volo: You-Mayer Brady,
Council Members Kluesner, Krieg, Nagle,
69
Regular Session, March 1, 1993
Regular Session, March 1, 1993
70
Nicholson, Voetbeq¡. Nays-None.
Absent-<:ouncil Member Deich.
RESOLUTION No. 67.93
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the attached sheets, one of one
inclusive, are bereby determined to be the
scbedule of proposed IlSSCllmenu for the
Brunskill Road Sanitary Sewer Exlomdon
and the valuations set out hen:in are bereby
approved.
Passed, approved and adopted litis 1st day
of March, 1993.
James E. Bndy
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Voetber¡. Carried by the
following vo"': Yeas-Maycx Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetherg. Nays-None.
Absent-<:ouncil Member Deich.
MINlTffiS SUBMITfBD -- Airport
Comnùasion of 1-12 & 2-1; Coble TV
Regulatory Ccrnnùssion of 2-10; Five Flags
Comnùasion of 2-15; Historic Preaervation
Comnùasion of 2-10; Housing Commission
& Housing Task Foroe of 2-9; Lung Ronge
Planning Comnùssion of2-17, preacnœd and
read. Council Mombe< Nagle moved thai the
minutes be received ond filed. Seconded by
Council Member Nicholson. Canied by the
following vote: You-Maycx Brady,
Counci1 Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-<:ooncil Member Deich.
NOTICES OF CLAIMS/SUITS -- Kathy
Beq¡strcrn in amount of $42.00 for vehicle
damages; Dubuque Fighting Saints Assoc. in
amount of $2,678.40 for 100t revenue; Soott
Hicks in unknown amount fIX property
damages; Marie A. Meehan in the amount of
$5,000.00 for personal injuries ond damages;
Eugene Plunùey in amount of $98.68 for
vehicle damages; Jack & Kim Stackis in the
amount of $154.82 for property damages;
Duugias VonDnn in toIaI estimsœd amount
of$1313.79 for damages to two (2) vehicles,
preacnœd and read. Council Member
Nagle moved thai the claims and suits be
referred to the Legal Staff fIX investigation
and report. Seconded by Coum:il Member
Nichelson. Carried by the following vOle:
Yeas-Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nichelson, Voetbeq¡.
Nays-None. Absent-Council Member
Deich.
We hereby certify that the following
members of the Fire Department hIve passed
litis written prcmotional exarninatioo and
promotion for litis pusitioo should be msde
from litis lisl
Assistant Fire Chief/Division Chief
Rick Steines James Miller
James Imhof
Respectfully subnùtted,
Robert W. Miller
Chairperson
Tom Rawson
Civil Service Comnùssioo
Council Member Nagle moved that the
Civil Service communication be received and
filed ond made a matter of reccrd.
Seconded by Cooncil Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voetber¡.
Nays-None. Absent-<:ouncil Member
Deich.
Commnnications of Ccnporarion Counsel
advising of refenal of following claims to
Crawferd & Coß1Jlll1Y, the agent for the
Iowa Commnnities Assurance Pool: Car
Damnge, Tire Damage and Property damages
for Ladwig Brenner, Car damnge of Dan
Gantz; Peraonal injury of Shirley A. Johll;
Car damage of Patticia Kelley; Personal
injury of Irvin H. MIUX; Car damnge of
Lynn Wesbnark, preacnœd and road.
Counci1 Member Nngle moved that Ibe
conununicadons be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelsoo, Voetberg.
Nays-None. Absent-Council Member
Deich.
Petition of Thomas W. and Connie S.
Clark requesting to purchase a pcrIioo of
property adjacent to their residence at 835
South Grondview Ave., presenœd ond read.
Council Member Nngle moved thai Ibe
petition be referred to the City Manager.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voctbeq¡.
Nays-None. Absent-Council Member
Deich.
Commnnication of Corporation Counsel
recommending settlement ond payment for
property damage claim of Rose Metcalf in
the amount of $50.00 and requesting Finance
Director to issne proper check, presented and
read. Council Member Nngle moved that
the settlement be approved and direcœd Ibe
Finonce Director to issue the proper check.
Seconded by Cooncil Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nichelson, Voetberg.
Nays-None. Absent-<:ouncil Member
Deich.
Petition of Irv Koelbe, owner and
manager for Eagle Point AparbUents
requestiog to purohase city property near Ibe
aparbUents at the 2200 ond 2300 block of
Lincoln Avenue, preacnœd ond read.
Council Member Nagle moved that the
petition be refened to the City Monager.
Seconded by Council Membe< Nicholson.
Carried by the following vote:
You-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicheløon, Voctber¡.
Nays-None. Ahsent-<:ouncil Member
Deich.
Coovnnnication of DMATS Policy
Conunittee requesting Council to work
joinliy with County Board of Supervisors to
review past actions of proposed Soothwest
ArIerlal and to formally approve a route
alignmenl presented and read. Council
Member Nagle moved that the
communication be referred to the City
Manager. Seconded by Council Member
Nichelson. Carrœd by the following vOle:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voetberg.
Nays-None. Ahsent-<:ouncil Member
Deich.
February 11, 1993
Honorable Ma~or and Members of the City
Counci1 J
In accordance with Chspter 400 of the 1991
Code of Iowa, the Civil Service Commission
conducœd a written promotiooal examination
on Jonuary 13, 1993 for the positioo of
Assistant Chief/Division Chief in the Fire
Depsrtmeul
Communication of City Manager
responding to quarterly report submitted by
InvesbUent Oversight Commission at meedng
of February 15, 1993, presenœd and read.
Council Member Nagle moved that Ibe
commnnication be received ond filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Cooncil Members
Kluesner, Krieg, Nagle, Nichelson, Voctbeq¡.
Nays-None. Absent-<:ouncil Member
Deich.
Communication of City Manager
requesting accepting of Certified Local
Government Annual Repcrt rex Fiscal Year
1992, preacnted ond read Council Member
Nagle moved thst the communication be
received ond filed. Seconded by Council
Mombe< Nichelson. Carried' by the
following volo: You-Maycx Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetbeq¡. Nays-None.
Absent-<:ouncil Member Deich.
Commnniearion of City Manager
recommending approval of final plat of
Renaisaonce Oaks and a RESOLUTION
Approving the final plat of Lots A and B of
Remdsaonce Oaks in Ibe City of Dubuque,
Iowa, presenœd and read Council Member
Nagie moved that the ccrnmnnication and
Resolution be deferred to the Meeting of
March 15, 1993. Seconded by Council
Mombe< Nicholson. Canied by Ibe
following volo: Yeas-Maycx Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetherg. Nays-None.
Absent-<:ouncil Member Deich.
Commnnicatioll of City Manager
recommending acceptance of property at
1353 Bluff SlIeel presenœd ond read.
Council Member Nngle moved that Ibe
commnnication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nichelson, Voctbeq¡.
Nays-None. Absent-Council Member
Deich.
RESOLUTION NO, "-93
RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY
LOCA1ED AT 1353 BLUFF
STREET, DUBUQUE, IOWA,
FROM DUBUQUE COUNTY,
IOWA, TO TIlE CITY OF
DUBUQUE, IOWA.
Wbereas, the City of Dubuque has agreed
to purchase the following legally described
real property:
The Sooth One-half (S ) of lot 769A in
McDaniel's Subdivision of Town Lots, in
the City of Dubuque, Iowa, Dubuque
County, Iowa, according to the recorded
plat thereof,
from the County of Dubuque, Iowa; and
Wbereas, the County of Dubuque, Iowa,
has delivered a Quit Claim Deed to the City
of Dubuque, Iowa, granting to the City of
Dubuque all rights, tilie ond in_... in said
property, a copy of which Quit Claim Deed
is attached hereto.
71
Regular Session, March 1, 1993
NOW, THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. Tbe City Council of the City
of Dubuque, Iowa, hereby approves of,
accepts and consents to Ibe Quit Claim Deed
from the County of Duhuque, Iowa, attached
hereto.
Section 2. The City Clerk is hereby
authorized ond direcœd to cause said Quit
Claim Deed to be recorded in the office of
the Dubuque County Recorder, together with
a certified copy of litis Resolution.
Section 3. The City Clerk ÎI hereby
directed to forward a copy oflilis Resoludon
to Ibe Dubuque County Assessor and !he
Dubuque County Auditor.
Passed, approved ond adopœd litis 1st day
of March, 1993.
staœd Staff had been given direction
regarding purchsse of property.
There being no furlher business, Council
Momber Krieg moved to adjourn Ibe
meeting. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetbeq¡.
Nays-None. Absent-Council Member
Deich. Meeting adjourned at 11:07 p.OL
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of Ibe Resolution. Seconded by Council
Membe< Nicholson. Carrœd by Ibe
following vote: You-Mayer Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetber¡. Nays-None.
Absent-CounåI Member Deich.
Commnnication of Corpcration CoUI
advising of Ierms of settlement with res..
to Ibe daim by Iowa Trust against Ibe e¡ ~
of Marshalltown, presenœd and road.
Council Member Nagle moved Ibat the
commnnication be received and filed.
Seconded by Council Member Nicholsoo.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicheløon, Voctbeq¡.
Nays-None. Absent-<:ouncil Member
Deich.
Council Members
Attest:
~~$ty ~ ~
10:16 p.OL Council Member Krieg moved
that it be resolved to go into Closed Session
In accordance with Chsprer 21.5 I (j) to
discuss the purchase of particular real estate
where premature disclosure could be
reasonably expecœd to increase the prioe the
governmental body would hIve to pay for
Ibat peuperty and to discuss the purchase of
particular real estate wbere premature
disclosure could be reasonably expected to
increase the price the governmental body
would have to pay for that property.
Seconded by CounåI Member Voetberg.
Carried by the following vote:
You-Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nichelson, Voctber¡.
Nays-None. Absent-<:ouncil Member
Deich. 11:06 p.m., Council reconvened and
Special SessIon, March 4, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, Thursday, March 4,
1993;Council Met at 7:30 p.OL, Public
Library Auditorium;
Present: Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voctbeq¡.
City Manager Michael C. Van Milligen,
Corporation Counsel Barry A. Undah1.
Absent: Council Mombe< Deich.
Mayor Brady read the call and staœd litis
is a Special Session of !he City Council
called for Ibe purpose to Conduct a Public
Hearing on the Fiscal Year 1994 Budget for
the City of Dubuque.
Council Member Voetberg moved Ibat the
rules be suspended to allow anyone present
to address the Council if they so desire.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nichelson, Voetbeq¡.
Nays-None. Absent-Council Member
Deich.
PUBLIC HEARING ON FISCAL YEAR
1994 BUDGET
Proof of Publicadon certified to by Ibe
Publisher on Notice of Public Hearing on
Budget Estimate for Fiscal Year 1994
beginning July I, 1993; Proof of Publication
certified to by the Publisher on Notice of
Public Hearing on the Five Year Capital
Improvement Prognun (CIP) covering the
Fiscal Year beginning July I, 1993 throngh
the Fiscal Year beginning July I, 1997;
Peuof of Publication certified to by Ibe
Publisher on Notice of Public Hearing for
Ibe purpose of obtaining the view of
residents of the City on Community
Development ond Housing Needs; Peuof of
Publication certified to by the Puhlisher on
Notice of Availability ond Public Hearing
Statement of Intent on Community
Development Block GrantPrograrn for Fiscal
Year 1994; Peuof of Publication certified to
by the Publisber on Notice of Meeting of Ibe
Council on the matter of the proposed
issuonce of $2,000,000 Goners! Obligadon
Bonds (For an Essential CmporaIo Purpose)
of said City, presenœd ond read. Council
Member Voetbeq¡ moved that the proofs of
72
publication be received ond filed. Seconded
by Council Member Nagle. Canied by the
following vOle: You-Mayer Brady,
Council Members Kluesner, Krieg, Nagle,
Nichclaon, Voetheq¡. Nays-None.
Absent-<:ouncil Member Deich.
Petition containing 46 signatures
proIeiting the planned price increase for
reaerved parking in Lot 1#9; Pctition of Tern
Viner objecting to proposed fee increases for
City recrestion; Petition of Kay Fnuces
Barfels requesting reconsideJation to provide
bus service from Mt Csrmel area to the
DuIiIi transfer point ond communication of
Karen O'Rourke, Executive Director on
behalf of the Ccn1er for Public Ministry
requesting Council to direct City Staff to
clarify the aspects of the proposed CDBG
budget before the proposed budget is
adopted ond implemented, presented ond
read. Council Mombe< Voetber¡ moved lhat
the petitions and commnnicalion be received
and filed. Seconded by Council Member
Kluesner. Canied by the following vote:
You-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicheløon, Voctbeq¡.
Nays-None. Absent-Council Member
Deich.
Public Input: Ann Michalski spoke
endorsing the proposed budget
Police Dept - No Comments;
Emergency Communications Division - No
Comments; Fire DeparbUent - No
Comments; Disaster Services - No
Comments; Human Rights Division - No
Comments; Building Services Division -
No Commen..; Health Services Division -
No Comments; Park Division - No
Comments; Civic Center Division - No
Comments; Recreation Division - No
Comments; Library Depsrtment - No
Comments; Airport Department - No
Comments; Transit Division - No
Comments; Public Works, Engineering
Division - Street Superintendent Don Vost
responded to Timing Inœutives as
queationed by Council Membe< Nagle. Scott
Dittmar expreased appreciation to decision
made regarding magazine recycling. Utilities
Dept. - No Comments; Water Division -
No Comments; Water Pollution Con..ol
Division - No Ccrnments. Operstions ond
Maintenance Division - No Comments;
Parking System - No Comments;
Commnnity and Econooùc Development
Department - Let the reccrd show that
there were no apeakcrs in the Chambe< to
address the Council regarding uses of the
Commnnity Development Block Grant
Fonda. Housing Services Division - No
Comments; Planning Services DivÎlion -
No Comments. City Ha1lICity Hall Annex
73
Special Session, March 4, 1993
Maintenonoe - No Comments; City Council
- No Ccrnments; City Mansger's Office-
No Comments; City Clerk's Office - No
Comments; Finonce Division - No
Comments; Legal Deparlment - No
Comments; Information Services Divlsion-
No Ccrnments: Purchsse of Services - No
Comments; Cable TV Division - No
Comments.
Council Member Krieg moved thai it be
reselved to expond the curb side recycling to
include msgazine recyclables with
amendment to budget coming at la1er day.
Seconded by Couocil Mombe< Kluesner.
Carried by the following vote:
You-Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nicheløon, Voetbeq¡.
Nays-None. Absent-{:ouncil Member
Doich.
RESOLUTION NO. 69.93
A RESOLUTION ADOPTING THE
ANNUAL BUDGET AS AMENDED
FOR THE FISCAL YEAR ENDING
JUNE 30, 1994
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA.
Section 1. That the annnal badget as
amended fer the fiscal year ending June 30,
1994, as set forlh in the Budget Summary
Certificate and in the detailed budget in
support thereof showing the revenue
estimates ond appropriation expenditures ond
allocations to programs ond activities fer said
fiscsi year is adopœd, and the City Clerk is
direcœd to mslce the filings required by law
and to set up the books in acccrdanoe with
Ibe summary ond details as adopted.
Passed, approved and adopœd litis 4th day
of March, 1993.
JameJ E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption, as amended, of the Resolution.
Seconded by Council Member Nagle.
Carried by the following vote: Mayer Brady,
Council Members Kluesner, Krieg,
Nicholson, Voctbeq¡. Nays-Council
Mombe< Nagle. Absent-<:Duncil Member
Doich.
RESOLUTION NO. 70.93
ADOPTION OF FIVE YEAR CAPITAL
IMPROVEMENT PROGRAM
Wbereas, a recommended five year
Capital Improvement Program fer the period
beginning July I, 1993 and ending June 30,
1998 for the City of Dubuque has been
prepared and subnùtted to Ibe City Council;
and
Whereas, the five year Capital
Improvement Program: (I) describes specific
capital improvement ~ects; (2) provides
estimaœd costs for those projects; (3)
- ..urces of funds for each of them;
and (4) schedules Ibe yeardurlng which each
~ect will be undertsken; ond
Whereas, the capital improvement projects
for the first year are incladed in Ibe Fiscal
Year 1994 budget for the City of Dubuque;
and
Whereas, the five year Capital
Improvement Program will be reconsidered
annually by Ibe City Council and
appropriately revised; and
Wbereas, the adoption of the five year
Capital Improvement Prograru is a prudent
measure to provide continuity of programs
and is in the best interest of the City of
Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY TIm CITY COUNCIL OF THE CITY
OP DUBUQUE, IOWA:
Section 1. That the five year Capital
Improvement Prograru for the period
beginning July I, 1993 as set out in Ibe
Fiscal Year 1994-1998 Recommended
Capital Improvement Budget as amended is
hereby approved ond udopted as the
proposed allocation of the City resources for
capital improvements as scheduled in Ibe
years shown, su~ect to annnal review and
revision.
Passed, approved and adopted litis 4th day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetborg moved
adoption, as amended, of the Resolution.
Seconded by Council Member Nagle.
Carried by the following vote: Mayor Brady,
Council Members Kluesner, Krieg,
Nicholson, Voetbeq¡. NayS-<:ouncil
Mombe< Nagle. Absent-Council Member
Deich.
RESOLUTION NO, 71-93
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF $2,000,000
GENERAL OBLIGATION BONDS
WHEREAS, punuont to notice published
as required by law, litis Council has bold a
public meeting and hearing upon Ibe
proposal to ¡nstitule proceedings for the
Special SessIon, March 4, 1993
issuance of $2,000,000 General Obligation
Bonds for the essential corpcrate purpuIC of
paying costs of the construction,
CèOnstruction, ond repairing of street
improvements; the construction,
reconstruction, extension, improvement and
equipping of storm sewers and facilities
useful for the coilection ond dispuaal of
surface waters and streams and the
CèOnstruction, extension ond improvement
of Ibe existing airport, ond has considered
Ibe extent of o~ections received from
residents or property owners as to said
proposed issuance ofhonds; one!, 8CC<1S'dingly
Ibe following action is now considered to be
in the best interests of the City and residents
thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That litis Council does hereby
institute proceedings ond takes additional
action for the sale and issuonce in the
monoer required by law of $2,000,000
General Obligation Bonds for the foregoing
essential corponte purpose.
Section 2. Tbe Clerk is aulborized ond
direcœd to proceed on behalf of the City
with the sale of said honds, to select a date
for the aale thereof, to cause to be prepared
such notice and sale infcrmalion as msy
appear appropriate, to publish ond disttibute
the same on behalf of the City and litis
Council ond otherwise to take all action
necessary to pennit the sale of said honds on
a basis favorable to Ibe City ond acceptable
to the Council.
Passed, approved ond adopœd litis 4th day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetbeq¡ moved
adoption of the Reselution. Seconded by
Council Member Kluesner. Carried by the
following vote: You-Mayer Brady,
Council Members Klnesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-<:ouncil Member Deich.
An OnUnonce amending Chapter 23 of
the Code of Ordinanoes, "Health ond
Sanitation, Article II, Ambulances' by
adding a new subsection 23-31(5)
establishing rates ond chsrges for city
ambulance service for respuading to
emergency calls outside the city limits, hot
where no service is provided, preacnœd ond
rcsd.
74
(OFFICIAL PUBLICATION)
ORDINANCE NO. 10.93
AN ORDINANCE AMENDING
CHAPTER 23 OF TIlE CITY OF
DUBUQUE CODE OF
ORDINANCES, HEAL m AND
SANITATION, ARTICLE II,
AMBULANCES, BY ADDING A
NEW SUBSECTION 23.31(5)
ESTAIILISHING RATES AND
CHARGES FOR CITY
AMBULANCE SERVICE FOR
RESPONDING TO EMERGENCY
CALLS OUTSIDE THE CITY
LIMITS, BUT WHERE NO
SERVICE IS PROVIDED.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 23-31 of the City of
Dubuque Code of Ordinances is hereby
amended by adopting the following new
Subsection (5):
(5) For responding to emergency calls
outside Ibe city limits, hot wbere it is
determined Ihat no service is necesssry,
Ibirty dollars ($30), such service chsq¡e to be
billed direcliy to the appropriate County
ngency, as detennined by the Emergency
Medieal Service Supervisor.
Section 2 This ordinoncc shall take
effect on publication.
Passed, approved and adcpœd this 4th day
of March, 1993.
James E. Brady
Mayor
Atleit:
Mary A. Davis
City Clerk
Published officially in the Tekgraph
Herald newspaper this lOIh day of March,
1993.
Mary A. Davis CMC
It 3/8 City Clerk
Council Member Voetber¡ moved Ibat
litis be considered the fint reading of Ibe
Ordinance, and that the requirement that a
proposed Ordinance be considered and voœd
on for pasaage at two Council meetings prier
to the meeting at which it is to be fiually
adopœd be suspended and furlher moved
final adoption of the Ordinonce. Seconded
by Council Mombe< Nagle. Canied by the
following vote: You-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
NichoIaon, Voetbeq¡. Nays-None.
Absent-<:ouncil Member Deich.
75
Special Session, March 4, 1993
An OIdinanco amending Seclion 11-2 of
the Code of OIdinances by repeoIing Table
No. 3A-Buildlng pernùt Fees, relating to the
fees chsrged for the issuonco of Building
pennits, and adopting in lieu thereof a new
Table No. 3A-Building Pernùt Fees,
preacnœd ond read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 11-93
AN ORDINANCE AMENDING
SECTION 11.2 OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES BY REPEALING
TABLE NO. 3A.BUlLDING
PERMIT FEES, RELATING TO
TIlE FEES CHARGED FOR THE
ISSUANCE OF BUILDING
PERMITS, AND ADOPTING IN
LIEU THEREOF A NEW TABLE
NO. 3A-BUILDING PERMIT FEES.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCn.. OF THE CITY
OF DUBUQUE. IOWA:
Section 1. Section 11-2 of the CIty of
Dubuque Code ofOldinonccs is amended by
repealing Table No. 3A-Building Pernùt
Fees, ond adopting in lieu thereof Ibe
attached new Table No. 3-A Building Permit
Fees.
Section 2. This OIdinance shall take
effect on the 151b day of March, 1993.
Passed, approved ond adopœd litis 4th day
of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Table No. 3-A - BUILDING PERMIT FEES
I. Pernùt IssUIßCC Fee for each permit:
$5.00
2. Valuation Fee Schedule (in addition to
pennit issuonce fee)
$1.00 to $500.00
$501.00 to $2,000.00
for the first $500.00
plus $1.60 for each
additional $100.00 or
_on Ibereof, to ond
including $2,000.00.
$2,001.00 to $25,000.00
for the first $2,000.00,
plus $6.40 for each
additional $1,000.00 or
-on thereof, to ond
including $25,000.00.
$25,001.00 to $50,000.00
for the first $25,000.00,
plus $4.80 for each
$10.00
$10.00
$34.00
$181.20
additional $1,000.00 or
fraction thereof, to and
including $50,000.00.
$50,001.00 to $100,000.00
for Ibe first $50,000.00
plus $3.20 for each
additional $1000.00 or
fraction Ibereof, to ond
including $100,000.00.
$100,001.00 ond up
for the first $100,000.00,
plus $2.70 for each
additional $1000.00 or
fraction thereof.
$301.20
$461.20
Olhcr Inspections ond Fees
(I) Plan review fees when a
pion is required by section
302(b) of the code, per
hour of review time . . . . . $30.00.
(nùnimum of one-hour chsq¡e ond
charged in Ill-hour iocrements
beyond the first hour)
(2) Inspections outside of
uormal business hours,
per hour .... .. .. .. ... $30.00.
(nùnimum charge of two (2) hours)
(3) Reinspection fee assessed under
provisions of Section 305(g),
each ........ .. .. .. . $30.00.
(4) Inspectious for which no fee
is specifically indicaœd,
per hour. .. .. .. .. .. .. $30.00.
(nùnimum cbsrge of III hour)
(5) Additional pion review required
by changes, additions or
revisions to approved plans,
per hour .. .. .. .. .. .. . $30.00.
(nùnimum charge of Ill-hour)
. Or the total hourly cost to the jurisdiction.
whichever is the greatest This cost shall
inclade outside plan review expense,
supervision, overbead, equipment, hourly
wages and fringe benefits of the employees
invclved.
Published officially in Ibe Telegraph
Herald newspaper this 121b day of March,
1993.
Mary A. Duvis CMC
11 3/12 City Clerk
Council Member Voetbeq¡ moved Ibat
litis be conaidered the first reading of Ibe
OIdinance, and that Ibe requirement that a
proposed OIdinance be considered and voœd
on fer passage at two Council meetings prior
to the meeting at which it is to be finally
adopœd be suspeoded and furlher moved
final adoption of the Ordinance. Seconded
by Council Member Nicholson. Canied by
the following vote: You-Mayor Brady,
Counci1 Members Kluesner, Krieg, Nagle,
Nichelson, Voetheq¡. Nays-None.
Absent-<:ouncil Member Deich.
Special Session, March 4, 1993
76
RESOLUTION NO. 72-93
A KESOLUTION RESCINDING
RESOLUTION NO. "-92, WHICH
APPROVED A SCHFJ>ULE OF
PLANNING AND ZONING FEES,
AS PROVIDED IN TIlE ZONING
ORDINANCE, AND APPROVING
A NEW SCHEDULE OF
PLANNING AND ZONING FEES,
IN LIEU THEREOF, AND
PROVIDING FOR THE
ESTABLISHMENT OF A NEW
FEE FOR SPECIAL EXCEPTIONS.
Wbereas, the City of Dubuque, Iowa
charges certain fees for the processing of
applications pursuant to the Zoning
Ordinance ond Subdivision Ordinance; ond
Wbereas, the City Cooncil hsa deternùned
lhat Ibe specific amount of such fees should
be set by resolution; ond
Wbereas, the City of Dubuque, Iowa hsa
adopœd a Zoning Ordinance requiring an
official schedule of plonning and zoning
fees.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution No. 68-92ond
its attached Schedule ofPlonning and Zoning
Fees", is bereby rescinded.
Section 2. The attached "Scbedule A,
Planning and Zoning Fees' is hereby
approved to take effect March 5, 1993.
Section 3. The City Clerk is hereby
authorized ond direcœd to publish a
complete copy of litis resolution and attacbed
"Schedule A, Planning and Zoning Fees'.
Pasaed, approved ond adopœd litis 4th day
of March, 1993.
Atleit:
Mary A. Davis
City Clerk
James E. Brady
Mayor
SCHEDULE A
PLANNING AND ZONING FEES
(Effective 3/5/93)
I. Zoning Board of Adjustment
A. Variance $100
B. Conditional Use Pennit $150
C. Appeal $50
D. Special Exception $75
II. Zoning ComDÙssion
A. Text Ameodment $200
B. Rezoning $200 + $50/acre ($1,000
msximurn)
C. Planned Diatrlct
1. Preliminary PIon $350 +
$5IVacre ($2,000 msximum)
2. Ameoded Plan $200 + $25/scre
($1,000 msximum)
D. Subdivision Plat
1. Simple $10
2. Minor $100
3. Major
L Preliminary $100 + $IOßot
b. Final $200
III. Long Range Planning ComDÙssion
Comprehensive Plan Amendments $50
IV. Staff Reviews
A. Site Pions
I. Simple $10
2. Minor $100 + $IO/acre
3. ~or ,$200 + $lO/scre
B. Ten.,....-y Use Pernùts
1. One to four days $25
2. Five to fourteen days $50
3. Fif1een to 180 days $100
C. Flood Plain Development
1. Flood Plain Pernùt $100
2. Flood Way Pennit $500
D. Sign Pernùt Reviews $10
V. Mapsffexts/Plaus
A. Planning ond Zoning Maps $10-$20
B. Zoning Ordinoncc, Subdivision
Ordinance $25
C. Copies $.IO/pnge
D. Planning and Zoning Reports $10-
$30
VI. Adminiatrative Costs
Applicants must refund actual publication
costs of all notices for public hearings,
recording fees, plans and required
mailings.
Council Mombe< Nagle moved adoption
of the Resolution. Seconded by Council
Mombe< Kluesner. Carried by the following
vote: You-Mayor Brady, Council
Mombers Klueaner, Krieg, Nagle, Nichelson,
Voetbeq¡. Nayo-None. Absent-Council
Momber Deich.
There being no further business, Council
Membe< Voctber¡ moved to adjourn the
meeting. Secooded by Council Member
Kluesner. Carrœd by Ibe following vote:
You-Mayor Brady, Council Members
Klueaner, Krieg, Nagle, Nichelson, Voctber¡.
Nays-None. Absent-<:ouncil Member
Deich. Meeting adjourned at 8:25 p.OL
Mary A. Davis CMC
City Clerk
Regular Session, March 15, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, March 15,1993; Council
Met at 7:30 o'clock p.m, Public Ubrary
Auditorium
Present: Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nsgle, Nicholson,
Voetherg, City Maunger Michael VIR
Milligen, Ccrporation Counsel Barry A.
Lindahl.
Mayor Brady rend the csII aud staœd litis
is the Regular Session of Ibe City Council
called for the purpose to act upon such
husiness which may properly come befcre
the Council.
Invocation was given by Rev. Dr. Ken
Bickel, Pastor of Ibe First Congregational
Uniœd Church of Christ
PROCLAMATIONS n Month of March
as 'American Red Cross Month'; and Monlb
of April as 'Boost Your Hcrne_n Month"
received by Tern Fransen ond Rick Tittle.
Council Member Voetberg moved Ibat the
rules be suspended to allow onyone present
to address the Council if they so desire.
Seconded by Council Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Proof of Publication certified to by Ibe
Publisher on Notice of Hearing on Plans ond
Specifications for Ibe Washington Street
SanitarY Sewer Reconstruction from 281b
Street to 301h Street presenœd ond rend.
There were no written objections received
and no cral objectors present at the time of
the Hearing. Cooncil Member Voetbeq¡
moved thai Ibe proof of publication be
received and filed. Seconded by Council
Momber Nichelson. Carrœd by Ibe
following vote: Yeas-Mayer Brady,
Council Members Klnesner, Krieg, Nagle,
Nicholson, Voetherg. Nays-None.
Absent-<:ooncil Member Deich.
RESOLUTION NO. 73.93
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Wbereas, on the lOIh day of February,
1993, plans, specifications, form of conlract
ond estimated oust were fiJed with the City
Clerk of Dubuque, Iowa for the Washington
Street SanitarY Sewer Reconstruction from
281b Street to 3O1b Street
Wbereas, notioe of hesring on plans,
specificatious, form of conlract ond
estimaœd cost was puhlished as required by
law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That Ibe said plans, specifications, form
of con1ract aud eslimaœd oust are hereby
approved as the plans, specifications, form of
conlract and estimaœd coot for said
improvements for said project
Passed, adopœd ond approved litis 15th
day of March, 1993.
James E. Brady
Mayor
Atleit:
Mary A. Davis
City Cieri:
Council Member Voetherg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Canied by the
following volo: You-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Proof of Publication certified to by Ibe
Publisher on notice to bidden of the receipt
of hids for the project and communication of
City Manager recommending to award
con1ract for project, presenœd and rend.
Council Member Voetberg moved that the
proof ond commnnication be received ond
filed. Seconded by Council Member
Nicholson. Carried by Ibe following vote:
You-Mayor Brady, Coancil Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctherg. Nays-None.
RESOLUTION NO. 74.93
AWARDING CONTRACT
Wbereas, sealed proposals hIve been
submitœd by con1raclon for the Washington
Street SanitarY Sewer Reconstruction from
28th Street to 301h Street punuont to
Resolulion No. 49-93 and notice to bidders
published in a newspaper pablisbed in the
City of Dubuque, Iowa on the 18th day of
February, 1993.
78
79
Regular Session, March 15, 1993
Regular Session, March 15, 1993
Wbereas, said sealed proposa1s were
opened and road ou Ihe 4th day of March,
1993 and it has been determined Ihat the bid
ofTschiggfrie Excavating of Dubuque, Iowa
in the amount of $94,048.03 was Ihe lowest
hid for the furnishings of all labor and
ma1erlals and perfornùng the werk as
provided in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Tschiggfrie
Excavating ond the Manager be ond is
hereby direcœd to execute a coutract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon Ihe signing of said contract and
Ihe approval of the contractor's bond, Ihe
City Treasurer is authorized ond instrucœd to
return Ihe bid deposits of the unsuccessful
bidders.
Passed, approved and adopœd litis 151h
day of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetber¡ moved
adoption of the Rcsulution. Seconded by
Council Member Nicholson. Canied by the
following vote: You-Mayer Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
TABLED FROM THE MEETING OF
MARCH I, 1993: Pmof of Publication
certified to by the Publisher on Notioe of
Public Hearing to reclassify properties
locaœd on Pennsylvania Avenue East of
Butterfield Drive from R-I to PR Disttic~
Petition of approximately 49 property owners
wilitin 200 feet of area, opposing the
rezoning requeat (Constitutes 20% of
adjœning owners); Communication of
Maureen Pope requesting approval of
rezoning for the Hcrizon Project on
PeMsylvania Ave.; Communication of
Scenic Valley Area VIII Agency on Aging
supporting the Hcrizon InvesbUent and
Development Corporation Plan;
Commnnication of Horizon InvesbUent and
Development Ccrp. requesting Council to
table litis matter to April 5th and an
Ordinance amending Zoning Ordinance by
reclassifying property located on
Pennsylvania Avenue East of Butterfield
Drive from R-I Single-Family Residential
Disttict to PR Planned Residential Disttict
and adopting a Conceptual Development
Plan, presented ond read. Council Member
Krieg moved that lOtion on litis matter be
tabled to the April 51h Council Meeting.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagie, Nicholson,
Voetbeq¡. Nays-None.
Proof of Publication certified to by Ihe
Publisher on Notice of Public Hesrlng to
consider an ordinonce amending the Zoning
Ordinonce regarding PUD Disttict and Sign
Reguladons, presented and read. There were
no written objections received and no oral
objectors preacnt at Ihe lime of the Hesrlng.
Council Member Nagle moved Ihat Ihe proof
of publication be received and filed.
Seconded by Cooncil Member Nicholson.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
An Ordinance amending Zoning
Ordinance by repealing Secticm 3-1.6 PR
Planned Residential Disttic~ Section 3-3.8
PC Planned Commercial Disttict, and
Section 3-4.3 PI Planned Industtial Disttict
and enacting Secticm 3-5.5 PUD Planned
Unit Development Disttict by amending
Section 2-1 Special Prupuse Distticts and
Section 4-3.11 Sign Regulations, said
Ordinance hIving been presenœd and road at
the Council Meeting of 2-15-93, presented
for final action.
hereby amended by amending Section .2-1
Establishment of Diattict by establishing
under Special Purpose Distticts the
following:
'PUD Planned Unit Development
Disttict".
Section 2. Appendis A of the Code of
Ordinances of the City of Dubuque, Iowa, is
hereby amended by repealing Section 3-1.6
PR Planned Residential Disttict, Section 3-
3.8 PC Planned Commercial Dislric~ sed
Section 3-4.3 PI Planned Industtial Disttict
and enacting in lieu thereof, a new Secdon
3-5.5 PUD Planned Unit Development
Disttic~ as shown on Exhibit A.
Section 3. Appendix A of the Code of
Ordinances of the City of Dubuque is hereby
amended by repesiing Section 4-3.11
Scbedule of Sign Regulations and enacting
in lieu thereof a new Section 4-3.11
Scbedule of Sign Regulations, as sbown ou
Exhibit B.
Section 4. That the foregoing amendment
has beretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 5. That litis ordinance shall take
effect immediately upon publication.
Passed, approved ond adopœd litis 15th
day of March, 1993.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
(OFFICIAL PUBLICATION)
ORDINANCE NO. 12-93
AN ORDINANCE OF THE CITY
OF DUBUQUE. IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
TIlE ZONING ORDINANCE OF
TIlE CITY OF DUBUQUE, IOWA,
BY REPEALING SECTION 3-U
PR PLANNED RESIDENTIAL
DISTRICT, SECTION 3-3.8 PC
PLANNED COMMERCIAL
DISTRICT, AND SECTION 3-4.3 PI
PLANNED INDUSTRIAL
DISTRICT AND ENACTING
SECTION 3-5.5 PUD PLANNED
UNIT DEVELOPMENT DISTRICT
BY AMENDING SECTION 2-1
SPECIAL PURPOSE DISTRICTS
AND SECTION 4-3.11 SIGN
REGULATIONS.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section I. Appendis A of the Code of
Ordinances of the City of Dubuque, Iowa is
EXHIBIT A
3-5.5 Planned Unit Development Dislrict
(PUD)
A. GENERAL PURPOSE AND
DESCRIPTION. The Planned Unit
Development (PUD) Disttict is
intended to encournge ßexible and
innovative design in the development
of appropriate silei as integrated
project nnits. Regulations for litis
disttict are designed:
I) Toallowaworkable,interrelaœdmis
of diverse land uses.
2) To encourage ßexibility in design for
efficiency and cost savings for Ihe
developer ond Ihe community;
3) To maximize the potential for laq¡e-
scale office, residential, commercial
and induslrial development and at Ihe
aame time reduce to a minimum the
impact of the development on
surrounding lond uses and the natural
environmen~
4) To encourage new development to
preacrve and utilize existing lond
characteristics ond features which
offer visnal or recrestional benefits or
other amenities:
5) To promote the economic, attractive,
innovative and harmonious
ammgement sed design of new
buildings, streets, utilities and other
impenvements or structures:
6) To peuvide a living, woddng and
shopping environment wilitin the
layout of the site lhat conlribUIei to
a sense of community ond a coherent
lifestyle;
7) To provide for Ihe ereaIion and
preservation of mere and larger
useable public or cnmmon open
spaces than would normally be
provided under conventional
developmen~
8) To encourage the careful design ond
planning of Iaq¡er development
projects;
9) To give developers reasonable
assurances regarding project
approvals before the unneœsssry
expenditure of design effcrta, while
providing the City with appropriate
assurauces that approved PUD's will
retain the character envisioned at Ihe
time of project approval.
Property may be reclassified to the
planned unit development designation
when Ihe proposed development plan will
promote the purposes of the disttict ond
litis ordinance ond is formulated in
cooformonce wilh the review procedures
and standards of litis section.
B. GENERAL REQUIREMENTS. A
PUD may be established on ony
parcel over 2 acres for residential,
office, conunercial, er induslrial
development A PUD is required for
all department stores over 60,000
square feet of building area, regioual
shopping cenlers, all multi-family
structures over 12 units per building,
and for all new industtial parks ond
all new office pub. A parcel
proposed for PUD must be under the
control of a COIllll1Oll ownership.
The City of Dubuque may request or
require a PUD classification.
Such PUD Disttict designalion(s) shall be
shown on the official zoning map as a P
followed by a letter designating the
primary use, C (Conuuercial), 0 (Office),
I (Industtial), or R (Residential); therefore
showing a PR, PO, PI or PC designation.
C. PERMITTED USES. Each plonned
nnit development shall allow any
principal pennitted use allowed by
the Zoning Ordinance, which by
design, use ond resttiction is
compatible wilh all adjac:ent uses,
ond which is specifically listed in the
ordinance adopted for the PUD
In all PUD's, the following uses are also
pennitted:
80
81
Regular Session, March 15, 1993
I) Accessory buildings and uses
customsrlly incidental to a permitted
use;
2) Group day carc centers provided Ibat
no group day care center may be
locaœd in or adjacent to any
structure or storage area where
hazardous materials are presen~ ond
3) Temporary uses relaœd to the
consb'Uction of PUD improvements,
ond to principal permitœd uses in Ibe
PlID.
DEVELOPMENT REGULATIONS.
Lots, uses, signs and structures shall
conform to Ibe bulk, sign, parking
and any other development
regulations specifically provided in
the ordinance establishing a
psrIicular PlID Disttict or in
ordinauœs adcpœd pursuant Ibereto;
however, PlID Districts established
prior to adoption of this ordinauœ
without specific bulk, sign, parking
and other development regulatioos
shall be regulaœd by said regulations
of the moot compatible disttict
allowing the existing uses which are
in Ibe PlID.
In all PlID's the following oùnimum
standards shall be met:
(I) General standards:
(a) The density ond design of Ibe PlID
shall be compatible in use, size and
type of Sb'Ucture, relative amount of
open space, traffic circuladon and
general layout wilb adjoining laud
uses, and shall be integrated into Ibe
neighborhood.
(b) The PUD shall taken into
consideration the impact on existing
streets and utilities.
(c) The economic, enVÎIoomentai and
neighborhood impacts of the
development shall be considered.
(d) The PUD shall conform with the
adopœd long range comprebensive
pIau.
(2) Specific standards:
(a) Maximum lond coverage of all
buildings and impermeable areas
shall be eslablished.
(b) Minimum open space shall be
established and continued
maintenonce of the open space shall
be provided in the specific PlID
ordinauœ. (Open space means lond
area of the PllD not covered by
buildings, parking ex veldcular
maneuvering areas, but including
storm water detention hssins,
recreational and pedesttian areas,
natural features, such as water
courses, woodlands, bluffs, etc. and
private yards, if ony.)
D.
(c) Minimum interior and perimeter
setbscb shall be established.
(d) Sb'Uctures, other than single-
family, adjacent to existing
single-family dwellings must be
adequately screened and
landscsped.
(e) Sign regulations for the PlID
development shall be
established.
(I) Provision for the continned
maintenance of all improvements
shall be noœd within Ibe
ordinauce establishing the PUD
District
(3) Other conditions may be
required, if found necessary to
protect and promote Ibe best
interests of the surrounding
property or the neighborhood.
These couditions may inclnde,
but are not liorited to, Ibe
following:
(a) Improventent of traffic circulation for
vehicles ond pedesttiaus in Ibe
proposed development and adjoining
properties and streets.
(b) Specific landscaping/screening/
lighting requirements to maintain
privacy or reduce impacts on
adjoining properties.
(c) Joint use of private open space or
amenities by adjoining property
owners.
PROCEDURE FOR DISTRICT
ESTABLISHMENT AND
EXPANSION:
(I) Pre-applicoJion cO1!ference. Prior to
any application for PlID disttict
establishment, the applicant and/or
their representative shall meet with
Planning Services staff to determine
the applicability of Ibe development,
timing of procedure, ond ony other
pertinent informatioo appropriate to
the propoasl.
(2) ApplicoJion and submission of
concepUta/ davelop"",nt plan.
After the pre-application conference, the
application for PlID disttict establishment
shsli be filed with an appropriate filing
fee with the Planning Services Office.
The application shall be submitted with a
conceptual development plan, which shall
include the following:
(a) Legal description ond address of
property.
(b) Name, address and phone number(s)
of the property owner(s).
(c) Number, type ond general location of
resideutial nnits.
(d) Gencral locadon and type of non-
resideutial uses including
E.
Regular Session, March 15, 1993
82
commercial, office ond industrial
uses.
(e) General locatioo and type of
recreational (passive ond active) and
open space (usable ond non-usable)
areas.
(I) Location of existing infi'astructure
and ulilities, including: streets with
appropriate grades, sidewalks; access
drives; water, sanitary sewer ond
storm sewer/droinage sySloms, where
appropriate.
(g) Proposed access to public right-of-
way, including approximate grades,
traffic projections ond general
indication of traffic control measures.
(h) Sketches to indicate the general
design of building types and the
overall character of development
Existing oontours of the property
taken at regular contour iU1ervals.
Proposed parking facilities, including
surface lots, ramps and load-
ing/delivery areas.
(k) Location of natural features,
including woods, bluffs, waterway
courses, floodways and meadows.
0) ConceptoaIlondscape plan showing
benns, plantings ond fences.
(m) Proposed development conditioos for
bulk, sign and parking regulatioos.
(n) A locatioo map or olber dnwing at
appropriate scale showing Ibe general
location and re1atioo of the property
to surrounding areas, including Ibe
zoning ond lond use pattern of
adjacent properties, the existing street
system in the area, ond locatioo of
n_by public facilities.
(0) Other informatioo as required by Ibe
City Plauner as necessary.
(3) Commission hearing. A public
hearing shall be held by the "'.ooing
Comnùssion on Ibe PUD application
in the aame manner and wilb the
same public notice procedure as
required for zoning reclassifications.
F. PLAN APPROVAL STANDARDS. The
Zoning Commissioo and City Council
shall not ap¡nove the PUD application
plan uuless and unlil the Commission ond
Council determine Ibat the conceptual
development plan confcrms to each of the I
following standards:
(1) The conceptual development pion is
in substantial oonfcrmance with
adopted comprebensive plan to guide
the future growth and development
of Dubuque.
(2) The proposed development is
designed so as to be functionally
integrated with existing City streets,
sanitary and storm sewer ond water
service.
(i)
G>
0)
(3) The propoaed development shall not
inllrlere with the approprla1e use and
enjoyment of property in abutting
distticts. '
(4) The conceptnal development plan
will not violate ony provision or
requirement of the Zoning Ordinonce.
(5) NaturaI drainnge areas are retained as
appropriate and improved if
necessary.
(6) Due consideration is given to
preserving natund site amenities ond
minimizing Ibe disturhsnce to the
natural environment
(7) Ealsting trees are preserved wberever
possible, and the location of trees
will be considered in designing
building locatioos, undeq¡round
services, ond paved areas.
(8) If the development includes flood
ploin areas, they shall be preserved
as permanent open space.
(9) Due considenotion is given to the
natural topography ond major grade
chonge is and will be avoided. If the
development includes hillsides ond
slopes, special evalustioo is given to
geciogical conditions, erosion and
topsoil loss.
(10) If unfavorable development
couditions exist, the Comnùssion ond
City Council may resttict clearing,
cutting, filling, or other substantial
chonges in the natural oonditions of
the affected area.
G. COMMISSION
RECOMMENDATION. TheZoning
Contorission's recommendation shall
be transmitted to the City Council
wilb a statement of reaaons in
support of, er in opposition to, the
applicadon, and with reoommended
conditions or reslrictions to be
included in an ordinauœ authorizing
the PUD DisttiCL Tbe conditions or
resttictions shall include, but not be
linited to:
. Time linitations, if any, for sabmission of
final site plaus and commencement of
constructiUIL
Uses permitted in litis disttict
Lot, bulk and perfcrmance standards
for the development and operation of
the permitted uses.
Requirement thai any transfer of
ownership or lease of property in the
district include in the tranofer or
lease agreement a provision that the
pun;hascr ex lessee acknowledges
awareness of the conditions
authorizing the establishment of the
disttict
The suhnùttal and approval of a final
site plan may be required by the
G.
83
Regular Session, March 15, 1993
Regular Session, March 15, 1993
84
Zoning Commissioo to determine if
the final detailed plans are in
conformonce with the conceptual
development plan.
H. COUNCIL ACTION.
(I) Upon receiving the recommendation
of the Zoning Comnùssion, the City
Council shall act in the manner
provided by law to approve or
disapprove the reqnesœd PUD zoning
reclassification of the penperty. The
affirmative vote of at least three-
fourlhs (3/4) of all the membership
of the Council shall be necesasry to
approve the conceptual development
plan when the Commission hss
recommended disappmval thereof, or
to remove any conditions,
requirements, or linùtalions imposed
by the Conunission in approving the
conceptual development plan. The
ordinance authorizing the
establishment of a PUD Disttict shall
be recorded in the Office of the
Dubuque County Recorder at Ibe
applicant's expense.
(2) Approval of the conceptual
development plan shall be valid for
the lime established in the adopting
ordinance. The Commission may
grant an extension of the new
conceptual development plan in
conformity with the procedures and
standards of litis section.
(3) A new or amended conceptnal
development plan may be filed at
any time wilitin the period of time as
established by the adopting ordinance
and shall follow the aame procedure
as for Ibe criginal submittal.
I. DEVELOPMENT ACCORDING TO
FINAL SITE PLAN.
(I) Submission if Final SUe Plan. After
passage of Ibe ordinance authorizing
the establishment of a PUD Disttict
by the City Council, the applicant
shall submit a final site plans to the
City Planner wilitin the period of
time, if any, specified in said
ordinance. The final site plan shall
be in substantial confcrmonce with
approved conceptual development
p1an.
(2) SIlO plan review. No building pernùt
shall be issned for ony site ulÙess a
final site pion hss been submitted
ond approved in accordance with the
provisions of Section 4-4 of Ibe
Zoning Ordinance ond uulcss such
plan conforms with the conditions of
the adopœd conceptual development
plan ond PUD ordinonce.
(3) Conslrucllon of Improve...nt, oIId
paning of bond. No buildings may
be crecœd and no uses may occupy
any portion of the PUD Disttict until
the required related off-site
improvements are conslrUcted or
appropriate security as deternùned by
the City Mannger is provided to
insure construction. If the PUD
Dismct is to be developed in ph..."
all improvements necessary for Ibe
proper opemtion and functioning of
each phsse, even though some
improvements may be locaœd outside
of the section, must be conslrUcted
and installed or appmprlate security
as deternùned by Ibe City Manager
must be provided to insure their
constructiolL
(4) TI... IImUallon. If substantial
conslrUclion or development does not
begin wilitin the period of time
specified in the ordinance authorizing
the establishment of Ibe dislIict or in
the ordinance adopted pursuant
Ibereto, the City Council may, on its
motion or on a reccrnmendation of
the Zoning Commission, rezone the
property or any portion thereof to Ibe
zoning disttict classification. that
prevailed prier to the appmval of Ibe
PUD classification, wilb proper
notification to the property owner(s),
in the aame manner as zoning
reclassificadon.
(5) Extension of II... IIndlallon. The
time linùtalion specified in the
ordinance authorizing the
establishment of the PUD for
submission of final site plans and for
corq>letion of conslrUction may be
extended by the Zoning Commission
upon a showing of good cause.
(6) Cltong.. from plan. After recordiug
of a final site plan, changes
consistent with Ibe putpulie or intent
of litis section may be approved by
the City Plonner. Substantial
chonges affecting the purpose or
intent of litis section shall require a
new application to be filed.
Published officially in the Telegraph
Herald newspaper litis 26th day of March,
1993.
Ordinance pertaining to definitions of Day
Care Home and Day Care Center, preaenœd
ond read. There were no written objections
received and no oral objectors present at the
time of the Hearing. Council Member
Krieg moved that the proof of publication be
received and filed. Seconded by Council
Momber Nagle. Carried by the following
vote: You-Mayor Brady, Council
Members Deich, Klnesner, Krieg, Nagle,
Nicholson, Voctherg. Nays-None.
An Ordinance amending Zoning
Ordinance by adopting a new definition in
Section 8 DufinitiollB for Day Care Home
and Group Day Care Center ond adopting a
new Section 4-7.2 (I) in lieu thereof
pertaining to a Day Care Home as a
pernùtted Home Occupation, said Ordinance
having been preacnted ond road at the
Council Meeting of 2-15-93, preaenœd for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 13.93
AN ORDINANCE OF THE CIlY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES. CITY OF
DUBUQUE, IOWA, BE AMENDFJ>
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA,
BY REPEALING THE
DEFINITIONS OF CHILD CARE,
DAY CARE CENTER, OR
NURSERY SCHOOL AND GROUP
DAY CARE CENTER IN SECTION
8 DEFINITIONS AND ADOPTING
A NEW DEFINITION IN SECTION
g DEFINITIONS FOR DAY CARE
HOME AND GROUP DAY CARE
CENTER AND REPEALING
SECTION 4.7.2(1) AND ADOPTING
A NEW SECTION 4.7,2(1) IN LIEU
THEREOF PERTAINING TO A
DAY CARE HOME AS A
PERMITTED HOME
OCCUPATION.
NOW TIIEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. Appendix A of the City of
Dubuque Code of Ordinonccs is hereby
amended by repealing the definitions of
"Child Care', 'Day Care Center, or Nursery
School' ond "Group Day Care Cenler" in
Section 8 Definitions and adopting the
following new definitions in Section 8
Definitions:
'Day care home: A residenlial
acœsscry use providing telJ1'OlVY
supplemental parental care for children
Mary A. Davis CMC
11 3/26 City Clerk
Counci1 Member Nagle moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Canied by Ibe
following vote: You-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetheq¡. Nays-Nooe.
Penof of Publication certified to by Ibe
Puhlisber on Notice of Public Hearing to
consider an ordinance amending the Zoning
where loch care is provided wilitin a
dwelling nnit by Ibe pennanent
resident thereof, for no more !bon
eleven children as defined by Chapter
237A.3 of the Code of 10WL This
number shall include Ibe provider's
own children who are not regularly in
Ichool full day..
Group day care center: An establishment
regularly providing temporary
supplemental parental care or educational
inslrUction for mere Iban eleven (11)
children, or as defined by Chapter 237A.2
of Ibe Code of Iowa."
Section 2. Appendix A of the City of
Dubuque Code of Ordinonces is hereby
amended by repealing Section 4-7.2(i), ond
adopting the following new Section 4-7.2(i),
as follows:
Section 4-7 Herne Occupations
4-7.2 Pennitted Home Occupations
'(i) Day care home fer up to eleven
children at one time, as defined by
Chlpter 237A of Ibe Code of Iowa. This
number shall include the provider's own
children who are not regularly in school
full days. One _IIBible individnal, age
fourteen or elder, shsli be on duty to
assist the day care home provider wben
there are more !bon six children preacnt
for more !bon a two hour period."
Section 5. This ordinance hu heretofore
been reviewed by the Zoning Commission of
the City of Dubuque, Iowa.
Section 6. This crdinonoe shall take
effect irnmedialely upon publication.
Passed, approved ond adopted litis 15th
day of March, 1993.
Jarne.s E. Brady
Mayor
Altelt:
Mary A. Davis
City Clerk
Published officially in Ibe Telegraph
Herald newspaper litis 27th day of March,
1993.
Mary A. Davis CMC
11 3/27 City Clerk
Council Member Krieg moved final
adoption of the Ordinonce. Seconded by
Council Member Nagle. Carried by the
following volo: Yeas-Mayor Brady,
Council Members Deich, Klueaner, Krieg,
Nagle, Nichobon, Voetheq¡. Nays-None.
Penof of Publication certified to by the
Publisher on Notice of Public Hearing to
rezone properties in the 'Freeway Corridor
Plan'fromC-3, R-2A andR-I classifications
to DC and POS Disttic~ Penof of Publication
certified 10 by the Publisber on Notice of
Public Hearing to rezone properties in the
"Preewsy Ccrridcr Plan' from C-3, R-2A
and R-2 DislIicli to POS Public Open Space
85
Regular Session, March 15, 1993
Distticts ond commnnicalion of City
Monager requesting Council to conduct the
public hearl~g on first Onlinonce and recess
Ibe public bearing to April 5, 1993
preacuœd ond read. Council Member Krieg
moved Ibat the proofs of publication and
commnnication be received ond filed and
recess the public hearing on the Onlinanoes
to April 5, 1993 ond direcœd Oerk to
republish. Seconded by Council Member
Voetbeq¡. Carried by Ibe following vote:
Yeas-Mayor Brady, Council Members
Deich, Klnesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
An Ordinaoce amending Zoning
Onlinauce by reclassifying property locaœd
Soulb of Jones Stree~ East of Bluff Street
and West of Locust Street from C-3 General
Commercial, R-2A Altemate Two-Family
Residential and R-I Single-Family
Residential Distticts to OC Office
Commercial and POS Public Open S~
Distticts, (DENIED BY THE ZONING
COMMISSION) and an Ordinance
Amending Zoning Ordinance by
reclassifying property locaœd South of Jones
Stree~ East of Bluff Slreet ond West of
Locust Street from C-3 General Commercial,
R-2A Altemate Two-Family Residential and
R-I Single-Family Residential Dis1rlcts to
POS Public Open Space District.
(APPROVED BY THE ZONING
COMMISSION), presented and read.
Council Member Voetberg moved that the
public hearing be recessed ond set new
Hearing on 4-5-93 ond direct the CIeri< to
republish Ibe notice. Seconded by Council
Momber Nagle. Carrœd by the following
vote: You-Mayor Brady, Council
Mombers Doich, Kluesner, Krieg, Nagle,
Nicholson, Voctbeq¡. Nays-None.
Commnnication of Dunna Bauerly
subnùtting resignation from Ibe Housing
Code Appeals Board, presented and read.
Council Member Krieg moved thai Ibe
commnnication be received ond filed ond
aceepœd with regret Secooded by Council
Membe< Nagle. Canied by the following
vote: Yeas-Mayor Brady, Council
Mombers Deich, Klnesner, Krieg, Nagle,
Nicholson, Voetbeq¡. Nays-None.
BOARDS AND COMMISSIONS:
HOUSING CODE OF APPEALS
BOARD: One unexpired term which will
expire 1-1-94 (Term of Donna Bauedy).
Applicants: Thomas A. Honnon, 1264
l.angwcrthy. Council Mombe< Krieg moved
Ibat Thomas Honnon be appointed to a term
which will expire Jonuary I, 1994.
Secooded by Council Momber Kluesner.
Carried by the following vote:
You-Mayor Brady, Council Members
Doich, Klnesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
ZONING BOARD OF ADJUSTMENT:
One five-year term which will expire 3-25-
98. Term of James Bauerly. Applicants:
James W. Bauerly, 224 S. Grandview.
Council Member Krieg moved that lames W.
Bauerly be reappoinœd to the Zoning Board
of Adjustment for a term which will expire
March 25, 1998. Seconded by Council
Momber Kluesner. Carried by Ibe following
vote: Yeas-Mayor Brady, Council
Mombers Doich, Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Petitions of Alan Pearson, President of
Dubuque Soccer Alliance and Joe Link of
the Dubuque Community Schocl Disttict,
reqnestiog waiver of rezoning fees fur
approximately 55 acres in the norlhwest area
of the City, presenœd ond road. Council
Mombe< Krieg moved Ibat the petitions be
received ond filed and received ond filed and
referred to the City Monnger. Seconded by
Council Member Voetberg. Carried by Ibe
following vote: You-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetheq¡. Nays-None.
Communication of City Manager
responding to requests and recommending to
include fees as purl of negotiation on
property acquisition, presented and road.
Council Member Krieg moved Ibat Ibe
commnnication be received ond filed.
Seconded by Cooncil Membe< Voetherg.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
Communication of City Manager
requestiog the City Mannger be authorized to
execute an a Memurondum of Understanding
between the NAACP ond the City of
Dubuque, presenœd and read. Council
Member Voetbeq¡ moved that the
commnnicadon be received ond f1led and
authorized City Monager to sign the
Memorandum of Agreement on behalf of the
City Council, ond implement the provisions
therein; Advise the Council, in writing, prior
to any abolishmeu~ amendments or changes
of the panel orin the agreemen~ ond that Ibe
City Mannger report to the Council, in
writing, of observations and conclusions
about Ibe pone~ prior to the reappointment
er appuinbUent of ponel members after Ibe
two year 1erms. Seconded by Council
Momber Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council
Mombers Doich, Kluesner, Krieg, Nagle,
Nicholson, Voetherg. Nays-None.
Regular Session, March 15, 1993
Ernestine Mass, 2715 Ventura Dr., ond
Bob Day, endorsed Ibe Agreement Gordon
Kilgore of KDTH Radio, objecœd to
discussion being beyond the Open Meeting
Law.
Commnnication of Zoning Comnùssion
advising of Ibeir denial to allow roof/eanopy
or awning-mounted signs with œrlain
ccnditions as requesœd by Goliath, Inc.,
pIcsenœd and read. Council Member Krieg
moved that the communication be referred to
Zoning Comnùssion to ask fœ- consideration
on construction designed prier to 1985
Ordinance be allowed. Seconded by
Council Member Kluesner. Canied by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Klueaner, Krieg,
Nagle, Nichelson. Nays-Council Member
Voetbeq¡.
RESOLUTION NO. 75-93
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the followiug hIving compliod with
the penvisions of law relating to Ibe we of
Cigarettes wilitin the City of Dubuque, Iowa,
be granted a pernùt to sell Cigarettes and
Cigarctte Papers within said City.
Iowa Oil Co. lOCO Speede Shoppe
2150 Spring Valley Drive
Passed, approved ond adopœd litis 151b
day of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Reselution. Seconded by
Council Member Nngle. Canied by the
following vole: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
RESOLUTION NO. 76-93
Wbereas, applications for Beer Pernùts
have been submitted and filed to litis Council
for approval ond the aame have been
examined ond approved; and
Wbereas, the premises to be occupied by
such applicants were inspecœd and found to
comply with the Onlinonces of this City and
hIve filed proper honds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
86
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Pernùt
CLASS "B" BEER PERMIT
Rigel Corp. Godfather's Pizza
Sunday Sales 1575 Kenuedy Rd.
CLASS "BE' BEER PERMIT
B 8t M Convenient Mart Oky Doky *7
Sunday Sales 3301 Pennsylvania Ave.
Passed, approved and adopœd litis 15th
day of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesoer moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carrœd by the
following volo: You-Mayer Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
RESOLUTION NO. 77.93
Wbereas, applications for Liquor Ucenses
have been submitted to this Council for
approvalond the aame have been examiued
and approved; and
Wbereas, the preoùses to be occupied by
such applicants were inspecœd ond found to
comply wilb the Stalo Law ond all City
Onlinauœs relevant thereto and they hIve
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 Ucense.
CLASS 'B' (HOTEL MOTEL) BEER
AND LIQUOR LICENSE
Dubuque Historic Improvement Ccrnpony
Redstone Inn Sunday Sales 504 Bluff
CLASS 'C'
(COMMERCIAL) BEER AND LIQUOR
LICENSE
Park Square Tavern
600 Cenb'al
Yardarm Restauraul/Bar
1201 Shiras Est
Dobra George
Sunday Sales
Yardarm, Inc.
Sunday Sales
Fraternal Order of Eagles
Sunday Sales 1175 Century Dr
Lisa Jacobson Ryon House
Sunday Sales 1375 Locust
Roberts River Rides, Inc. Portside
Sunday Sales 400 W. 3rd St
CLASS 'Woo LIQUOR
B 8t M Convenient Marts, Inc.
Oky Doky *7 3301 Pennsylvania
87
Regular Session, March 15, 1993
Passed, approved and adopœd litis ISth
day of March, 1993.
James E. Brady
Mayor
Atleit:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Reselutioo. Seconded by
Council Member Nagle. Carried by the
following volo: You-Maya Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nayo-None.
Communication of City Mannger
recommending initiation of the public
hidding peucedure, including a public
hearing, for the Peru Rood reconstruction
projec~ presenœd and read. Council
Member Deich moved that the
commnalcation be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
RESOLUTION NO. 18-93
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specifications,
form of conb'act and esdmaœd cost for the
Peru Road Reconstruction Project from
Jackson Stteet to the norlherly City limits, in
the estimaœd amount of $2,298.923.21 are
hereby approved and crdered filed in the
office of the City Clerk fa public inspection.
Passed, adopœd and approved litis 15th
day of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Membe< Voctbeq¡. Carried by the following
vote: You-Mayor Brady, Council
Mombers Deich, Kluesner, Krieg, Nagle,
Nicholson, Voctherg. Nay~None.
RFSOLUTION NO. 79-93
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Wbereas, the City Council of the City of
Dubuque, Iowa has given its prelimiuary
approval on the proposed plans,
specifications, and form of conb'act and
placed same on file in the office of the City
Clerk for public inspection of Ibe Peru Road
Reconstrucdon Project from Jackson Street
to Ibe norIherly City limits.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
That on the Sth day of April, 1993, a
public hearing will be held at 1:30 p.oL in
the Puhlic library Auditorium at which lime
interesœd persons may appesr und be heard
for or ngainst the proposed plans and
specifications, form of coolract ond cost of
said irnprovemen~ and the City Clerk be and
is hereby direcœd to cause a notice of time
ond place of such hearing to be published in
a newspaper having genetal circulation in Ibe
City of Dubuque, Iowa, which notice shall
be not less Ibon four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appesr ond file objections to Ibe
proposed pions, specificadons, conlrac~ or
eslimsœd cost of the improvement
Passed, adopœd and approved this 15th
day of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Mombe< Voctbeq¡. Carried by the following
vote: You-Mayor Brady, Council
Mombers Deich, Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
RE'SOLUTION NO. gO-93
RESOLUTION OF NECE'SSITY
Wbereas, propcsed platO hIve been duly
prepared and approved by the City Council
of Ibe City of Dubuque and are now on file
in the office of the City Clerk showing
among oIher litings the plaru, specifications,
form of conb'ac~ estimaœd cost and
prelioùnary plat ond schedule showing the
amount proposed to be assessed ngainst each
lost and the valuation of each lot as filed by
the City Council, Peru Road Reconstruction
Project from Jacksoo Street to the norlherly
City limits.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the City Council deems it advisable
and neeesaary fa the public welfare to make
the herein mentioned improvements, and
unless property owners at the time of the
final consideratioo of litis proposed
reselution hIve on file with the City Clerk
objectioos to the resolution of necessity, they
shall be deemed to have waived all
Regular Session, March 15, 1993
88
objections pertaining to the regularity of the
proceeding and the legality of using the
special asSCIsment peucedure.
Said improvements shall be COIIIIructed
and done in acccrdance with the plana ond
specifications which hIve been approved by
the City Council and now on file with the
City Clerk. That the cost ond expense of
making such improvement will be assessed
partially or totally against privately owned
property lying with the assessment limits,
and in an amount not to exceed lhat
provided by law, ond in proportion to the
special benefits conferred.
The purIion of the cost which shall be
home by the City will be paid from the
Stteet Conslruction Fund, Ibe Road Use Tax
Fund, and the Local Option Saies Tax Fund,
and special assessment honcls msy be issued
in anticipation of deferred payments of
assessments when a conb'act has been
performed und accepœd, and the proceeds
thereof used to pay the conlractor.
The above resclution was introduced,
approved and crdered placed on file with Ibe
City Clerk litis 15th day of March, 1993.
Approved and placed on file for final
action.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Membe< Voetbeq¡. Carried by the following
vote: You-Mayor Brady, Council
Mombers Deich, KlllClner, Krieg, Nagle,
Nicholson, Voetherg. Nay~None.
RFSOLUTION NO. 81-93
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Wbereas, the City Council of the City of
Dubuque, Iowa, has given its prelinùnary
approval on the proposed plans,
specifications and form of conlract ond
placed aame on file in Ibe office of the City
Clerk for poblic inspection, for the Peru
Road ReconslnJction Project from Jackson
Street to the ncrtherly City limits; and
Wbereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City
Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That 00 the Sth dsy of April, 1993, a
public bearing will be held at 1:30 o'clock
p.oL in the Public Ubrary Auditorium in the
City of Dubuque at which lime the owners
of property subject to asSCIsment for the
propoaed improvement or any other pet'IOII
hIving any in_I in the - may appesr
und be heanI fa er against the making of
the impenvemen~ the houndariea of the
disttic~ the coa~ the asseument ogainst ony
101. a the final adoption of a resciution of
neceasity and the City Clerk be und is hereby
authorized und direcœd to cause a ..,tice of
time ond place of such hearing to be
published in a newspaper hIving general
circulation in the City of Dubuque, Iowa,
which notice shall be published once each
week for two consecutive weeks, the fint
publicadon of which shsli be 1101 Icsa than
ten days pria to the day fised for its
consideration. Unlcsa property owners at the
time of the final consideration of litis
¡noposed reaclution hIve 00 file with the
City Clerk objections to the Resclution of
Neceasity they shall be deemed to hIve
waived all objections thereto.
Passed, adopœd ond approved litis 151b
day of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Secoaded by Council
Mombe< Voetherg. Csnied by the following
vote: You-Mayor Bnody, Counci1
Mombm Deich, Klueaner, Krieg, Nagle,
Nicholson, Voetber¡. Nay~None.
RFSOLUTION NO. g2-93
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the attached sbeets, I 10 6 inclnsive,
are hereby determined to be the schedule of
propoaed asseuments for the Peru Road
Reconstruction Project from J- Street
to the ncrtherly City limits, und Ibe
valuations set out herein are hereby
approved.
Passed, approved ond adopted litis 15th
day of Maroh, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
CIty Clerk
Council Membe< Deich moved adoption
of the Resclution. Secoaded by Council
Member Voctherg. Carried by the following
volo: You-Mayor Bnody, Counci1
Mombm Deich. Klueancr, Krieg, Nagle,
Nicholson, Voctherg. Nays-None.
89
Regular Session, March 15, 1993
Regular Session, March 15, 1993
90
Commnnication of City Manager
rocornrnending initiation of the public
bidding peoeedure for the office ",novation
project and storage area construction at the
Locust Street Parking Ramp, preacn1ed und
reac!. Council Member Krieg moved that the
conunnnication be received and filed.
Seconded by Cooncil Mombe< Voetber¡.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
RESOLUTION NO. 83-92
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUI!, IOWA:
That the propooed plans, specifications,
form of contract ond estimated coat for the
Office Renovation Project - Locust Street
Parlång Ramp, in the estimated amount of
$63,400.00 are hereby approved ond crdered
filed in the office of Ibe City Clerk for
public inspection.
Passed, adopœd and approved litis 15th
day of March, 1993.
James B. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the ReaoIulion. Seconded by Council
Mombe< Voetheq¡. Carried by the following
vote: You-Mayor Brady, Council
Mombers Deich, Kluesner, Krieg, Nagle,
Nicholson, Voctbeq¡. Nayo-None.
RESOLUTION No. 84.93
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Wbereas, the City Council of the City of
Dubuque, Iowa has given Its prelimluary
approval on the proposed plans,
specifications, ond form of con1ract and
placed aame on file in the office of the City
Clerk fer public inspection of the Office
Renovation Project - Locust Street Parking
Ramp.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUI!, IOWA:
That on the 5th day of April, 1993, a
public hearing will be held at 1:30 p.OL in
the Public Libnry Auditoriurn at which lime
interesœd persons may appear und be heard
for '"" against the proposed plans und
specifications, form of contract ond coat of
said irnpmvemen~ ond the City Clerk be and
is bereby direcœd to cause a notice of time
ond ploce of such hearing to be published in
a newspaper having general circulation in Ibe
City of Dubuque, Iowa, which notice shall
be not Ie.. Iban four days nor more than
twenty days prior to the day fixed for Its
consideration. At Ibe hearing, any interesœd
person may appesr and file objections to the
proposed pions, specificadons, contrac~ or
eslimaœd coat of the improvement.
Passed, adopœd and approved litis 151b
day of March, 1993.
Members Duich, Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nayo-None.
Communication of City Monager
recommending approval of two Otant
Applications for Keyline relaœd to the Fiscal
Year 1994 Budget ond set the matter for a
public hearing on Aptill9, 1993. preacn1ed
and read. Council Member Kluesner moved
that the communication be received and filed
and setforPublie Hearing on Aptill9, 1993
at 1:30 p.OL in the Publie Ubrary
Auditorium und that the City Clerk publish
notice in the monner prescrihed by law.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetber¡. Nays-None.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Mombe< Voctherg. Carried by the following
v_: Yeas-Mayor Brady, Council
Mombers Deich, Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
RESOLUTION NO. 86.93
RESOLUTION AUTHORIZING
THE F1LING OF APPLICATION
WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED
STATFS OF AMERICA, FOR
GRANTS UNDER THE URBAN
MASS TRANSPORTATION ACT
OF 1964, AS AMENDED
RESOLUTION NO. 85.93
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Office Renovation Project -
Locust Street Parking Ramp is hereby
ordered to be advertised for hids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompony each
bid shall be in an amount which shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
pions and specifications heretofore adopted.
That the City Clerk is hereby direcœd to
advertise for bids for Ibe consbUction of the
improvements berein provided, to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.OL on the 25th
day of March, 1993. Bids shall be opened
und read by Ibe City Clerk at said time and
will be subnùtted to the Council for final
action at 1:30 p.OL on the 51b day of April,
1993.
Passed, ndopœd and approved Ibis l51b
day of March.
Wbereas, the Secretary of Transpcrtstion
is authcrized to make gnnts for a mass
transpurtstion progmm of projects;
Wbereas, the contract for finoncial
assistance will impose certsin obligations
upon the applican~ inclading the provision
by it of the shsre of the project costs in the
program;
Wbereas, it is requiœd by the U.S.
Department of Transportation in accord with
the provision of TIlie VI of the Civil Rights
Act of 1964, that in connection wilb the
filing of an application for assistance uoder
the Urban Mass Transportation Act of 1964,
as ameoded, the applicant give an asaurauce
that it will ccrnply with Tilie VI of the Civil
~ghts Act of 1964 and Ibe U.S. Department
of Tnmsportation requirements thereunder,
and
Whereas, it is the goal of the applicant
that oùnorlty business entelpIÎse be utilized
to the fullest extent possible in connection
with these projects, and lhat definitive
procedures shall be established and
administered to ensure thai oùnority business
shall hIve the maximum construction
conlracts, supplies and equipment contrscts,
or consultant ond other services.
NOW, THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the Mayor of the City of
Dubuque is aulborlzed to execute and file
applications on behalf of the City of
James B. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the ReaoIution. Seconded by CouuciI
Mombe< Voctbeq¡. Carried by the following
vote: Yeas-Mayor Brady, CouuciI
Dubuque with the U.S. DeparbUent of
Transpcrtalion to aid in the financing of an
operating assistance project ond capital
finoncing, pursuont to Section 913 of the
Urban Mass Transportation Act of 1964, as
amended.
Section 2. That the Mayor of the City of
Dubuque is authorized to execute and file
with such applications on assurance '"" any
other document requiœd by the U.S.
DeparbUent of Transportation effectuating
Ibe purposes of Tilie VI of the Civil Rights
Act of 1964.
Section 3. Thst the Transit Manager is
authorized to furnish such additional
information as the u.S. DeparbUent of
Transpcrtstion may require in connection
with the application for Ibe prognun of
projects.
Section 4. That the Mayor of the City of
Dubuque Is authorized to set forlh and
execute affirmative oùnorlty business
policies in connection wilb Ibe progmm of
projects pmcurement needs.
Section S. That the Mayor of the City of
Dubuque is authorized to execute grant
agreements on behalf of Ibe City of Dubuque
with the U.S. DeparbUent of Transpcrtstion
for aid In the finoncing of the operating ond
capital assistance prognun of projecta.
The undersigned duly qualified und acting
as Mayor of the City of Dubuque certified
that Ibe foregoing is a 1rue ond correct copy
of a resclution, adopœd at a legally
convened meetiog of the CityCooncil of the
City of Dubuque, Iowa.
Passed, approved ond adopted litis 15th
day of March, 1993.
James B. Brady
Mayor
Attest:
Mary A. Davis
City CIeri:
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carrœd by the
following vote: You-May,"" Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nichelson, Voetber¡. Nays-None.
RESOLUTION NO. 87.93
RESOLUTION AUTHORIZING
THE FILIN.G OF A
CONSOLIDATED GRANT
APPLICATION FOR OPERATING
ASSISTANCE FROM THE STATE
TRANSIT ASSISTANCE
PROGRAM, AND AUTHORIZING
THE ENTERING INTO OF A
CONTRACT WITH THE IOWA
DEPARTMENT OF
TRANSPORTATION
91
Regular Session, March 15, 1993
NOW, THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. That the Mayor of the City of
Dubuque ÎI bereby authcrized to submit and
execute on behalf of the City of Dubuque a
consolidaœd grant application for 1.8666
peroent of formula funds (approximately
$105,465) from the State Transit Assistance
Program und is furlher authcrized to enter
into a conbact with the Iowa Depsrtment of
Transpcrtation for such operating assistance.
Section 2. Thst Ihe Transit Manager is
hereby aulhorized to furnish such Idditional
infcrmalion as the Iowa Department of
Transpcrtation may require in connection
with such grant applications.
Passed, approved ond adopted litis 15th
day of March, 1993.
James B. Brady
Mayor
Attest:
Mary A. Duvis
City Clerk
Council Member Kluesner moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carrœd by the
following vole: You-Mayoc Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voelheq¡. Nays-None.
Communication of Zoning Comnùssion
advising of their approval to rezone
propertiea locaœd at Northeast corner of
Harrison ond C- Street from LI Disbict to
CS ond Wholeasie Disbict as requesœd by
M & S Leasing, presenœd ond read.
Council Member Kluesner moved Ihat the
commnnication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
An Ordinance amending Zoning
OIdinance by reclassifying pcrIion of
property locaœd at the Ncrtheast Corner of
Harrison and C- Streets from LI Ught
Industtial Disttict to CS Commercial Service
and Wheleasie Disttict, preacuœd ond road.
Council Member Kluesner moved thai litis
be considered the first resding of the
OIdinance, und that the requirement thai a
proposed OIdinance be considered ond voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopœd be suspended und further moved that
a Public Hearing be held on the Propoøed
Ordinance on the 5th day of April, 1993 at
1:30 p.oL in the Public Library Auditorium
ond that Ihe City Clerk publish notice in the
monoer prescribed by law. Seconded by
Council Member Nagle. Carrœd by the
following volo: Yeas-Mayoc Brady,
Coum:il Members Deich, Kluesner, Krieg,
Nagle, Nichelson, Voelheq¡. Nays-None.
Commnnication of Zoning Commission
advising of Iheir denial to rezone portion of
property locaœd Nor ¡ of 32nd Slreet and
East of Brneck Laue from AG to R-I
Disttict u requesœd by Ed Tschiggfrle,
preacnœd ond read. Council Member Krieg
moved that the conununication be received
and filed. Seconded by Council Member
Nicholson. Canied by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctber¡. Nays-None.
An Ordinance amendiug Zoning
OIdinance by reclassifying property located
North of 32nd Street and East of Brueck
Road from AG Agricultural Disttict to R-I
Single Family Resideutial Disttict, presented
ond read. Council Member Krieg moved
that litis be considered the first reading of
the Ordinonce, ond Ihat the requirement Ihat
a proposed Ordinance be considered and
voœd on roc passage at two Council
meetings prior to Ihe meeting at which it is
to be finally adopœd be suspended and
forlher moved thai a Public Hearing be held
on the Proposed OIdinance on the 19th day
of April, 1993, at 7:30 p.oL in the Public
Library Auditorium ond Ihat Ihe City Clerk
publish notice in the manner prescribed by
law. Seconded by Cooncil Member
Nicholson. Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
Ccrnmnnication of Zoning Commission
advising of Iheir approval and denial to
rezone properties wilitin the Freeway
Cmridcr Plan, preacnœd and road. Council
Member Krieg moved that the
commnnication be received ond filed.
Seconded by Council Member Nagle.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctherg. Nays-None.
An Ordinance amending Zoning
OIdinance by reclassifying property locaœd
East of South Locust, West of Harrison and
South of RaIlroad Avenue from LI Light
Indusbial Disttict to C-3 General
Commercial Disbict, und property West of
Freeway 61/151 and South of 1st Street from
HI Heavy Industtial Disttict to LI Light
Industtial Disttict ond property West of
Harrison, East of Locust und South of Jones
Street from C-3 General Conweroial Disttict
to LI Ught Industtial Disttict (Comprising
of Areas I, 3 & 4 which were approved by
the Zoning Commission.) and on Ordinance
amending Zoning Ordinance by reclassifying
Regular Session, March 15, 1993
property located East of South Locust, West
of Harrison and Soulh of Railroad Avenue
South of Dod.e Street, West of
East of Locust from LI Light
Disttict to C-3 General
Commercial Disttic~ and property West of
Freeway 61/151 and South of 1st Street from
HI Heavy Industtial Disttict to LI Light
Industtial Disttict and property West of
Harrison, East of Locust and South of Jones
Street from C-3 General Commercial Disbict
to LI Light lodusbial Disttict, (Inclodes Area
H2 which was DENffiD by the Zoning
Commission.), presenœd ond read.
Council Member Krieg moved that this be
considered the first reading of the
Ordinances, and that the requirement that a
proposed Ordinance be considered and voœd
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopœd be suspended ond further moved Ihat
a Public Hearing be held on the Prcpused
Ordinances on IiIC 19th day of April, 1993
and that Ihe City Clerk publish notice in the
monner prescribed by law. Seconded by
Council Member Nichelson. Vote on Ihe
motion was as follows: Yeas-Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-Mayoc Brady, Council
Mombe< Doich. Motion failed due to lack of
3/4 vote.
Council Member Krieg then moved that
litis be considered the first reading of the
Ordinances und that they be set for Public
Hearing on April 19, 1993 at 1:30 p.oL in
Ihe Public Library Auditorium ond that Ihe
CIty Clerk publish notice in the manner
prescribed by law. Seconded by Council
Mombe< Nagle. Carried by the following
vote: You-Mayor Brady, Council
Members Doich, Kluesner, Krieg, Nagle,
Nicholson, Voctbeq¡. Nays-None.
Conunnnication of Zoning Commission
advising of Iheir approval to amend Section
4-6 of the Zoning Ordinonce regarding
Nonconfornùties, presenœd und read.
Council Member Kluesner moved that Ihe
commnnication be received ond filed. I
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Doich, Kluesner, Krieg, Nagle, Nicholson, I'
Voetber¡. Nays-None.
An Ordinance Amending Zoning
OIdinance by repealing Section 4-6.1 und
adopting in lieu thereof new Sections 4-6.3,
4-6.4, 4-6.5 and 4-6.6 pertaining to
elimination of the change from one
nonconfornùng use to another, the expansion
of residential nonconfornùties, ond
reconstruction of certain lawful
nonconfornùties, presenœd and read.
Council Member Krieg moved that litis be
considered the first reading of the OIdinance,
and that the requirement that a proposed
OIdinance be consideted ond voœd on for
pasaage at two Council meetings prioc to Ihe
meeting at which it is to be finally adopœd
be suspended ond further moved that a
Public Hearing be held on the Proposed
OIdinance on the 191h day of April, 1993 at
1:30 p.oL in the Public Library Auditorium
and that the CIty Clerk publish notice in the
monoer prescribed by law. Seconded by
Council Member Kluesner. Volo on the
motion was as follows: Yeas-Counci1
Mombers Klueaner, Krieg, Nagle, Nicholson.
Nays-Mayor Brady, Council Members
Deich, Voetbeq¡. Motion failed due to lack
of 3/4 vote.
Council Member Kluesner moved that
litis be considered the first reading of the
OIdinance and that it be act for Public
Hearing on 4-19-93 at 7:30 p.oL in the
Public Library Auditorium ond that the City
Clerk publish notice in the manner
prescribed by law. Seconded by Council
Mom""" Nagle. Carried by the following
vote: You-Mayor Brady, Council
Mombers Deich, Kluesner, Krieg, Nagle,
Nicholson, Voctherg. Nays-None.
MINUTES SUBMITIED - Cable
Commnnity Teleprogramming Commission
of 3-2; Community Development
Commission of 3-2; Housing Code Appeals
Board of 2-16; Human Rights Commission
of 1-11 & 2-8; Invesbnent Oversight
Commission of 2-9; Ubrary Board of
Trustees of 2-25; Park & Recreation
Commission of 2-9; Zoning Board of
Adjusbnent of 2-25; Zoning Commiasion of
3-3, presented ond read. Council Member
Voctherg moved thai the oùnUIei be received
ond filed. Secooded by Council Member
Nagle. Carried by Ihe fcl1owing vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
NOTICES OF CLAIMS/SUITS -- Richard
Ambrosy in the amount of $388.24 for
vehicle damages; Rocco Buda in unknown
amount for property damages; Beth Kennedy
in unknown costs for personal injuries;
TClt'lUlce J. McDermott in amount of $51.69
for vehicle damages; Dun.. Mihalakis in
amount of $95.16 for vehicle damages;
Curtis Sehumacbe< in amount of $606.24 for
vehicle damages; Brenda S. Sehulo in
unknown coots, for personal injuries; Dione
TeKippe in unknown amount for personal
belongings 10"; Pamela M. TIttle in amount
of $133.84 f.. vehicle damages; Robert J.
Wild in estimated amount of $692.51 for
vehicle damages, preacnœd and read.
Council Member Voetherg moved that the
92
93
Regular Session, March 15, 1993
Regular Session, March 15, 1993
94
claims ond suits be referred to the Legal
Staff for investigation ond report. Seconded
by Council Member Nagle. Canied by the
following volo: You-Mayer Brady,
Council Members Deich, Klueauer, Krieg,
Nagle, Nicholson, Voetheq¡. Nays-None.
Commnnications of Corporation Counsel
advising fcl1owing claims have been refened
to Crswford & Ccrnpany, the ngent for the
Iowa Ccrnmunities Assunnce PocI: Property
damage of Scott IIiclcs; Property damage of
In_tale Power Co.; Vehicle damage of
Douglas Vondran, preacnœd ond road.
Council Member Voetbeq¡ moved Ihat the
commnnication be received ond filed.
Seconded by Council Member Nagle.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Commnnications of Corporation Counsel
recommending settlement of following
claims ond directiog Finonce Directcr to
issne proper checks: Vehicle damage of
Eugene M. Plumley in the amount of $98.68;
Property damage of lack & Kim Staclds in
amount of $154.82, presenœd and read.
Council Member Voetberg moved that the
commnnications be received and filed ond
settlements approved ond Finonce Director to
issue proper checks. Seconded by Council
Mombe< Nagle. Carried by the following
vote: You-Mayor Brady, Council
Mombers Duich, Kluesner, Krieg, Nagle,
Nicholson, Voctberg. Nays-None.
Commnnication of HUD advising the
City's Ccrnmnnity Development Block Gtant
allocation for fiscal year 1993 is $1,314,000,
preacnœd ond read. Cooncil Member
Voctbeq¡ moved that the conununication be
received und filed. Seconded by Council
Mombe< Nagle. Carried by the following
vote: You-Mayor Brady, Council
Mombers Deich, Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Commnnication of HUD advising Ihe
Comprehensive Housing Affordability
Strategy (CHAS) Annnal Performance
Report for the City has been approved,
preacnœd and read. Council Member
Voetbeq¡ moved thatlhe commnnication be
received and filed. Seconded by Council
Membe< Nagle. Carried by the following
vote: You-Mayor Brady, Council
Mombers Deich, Kluesner, Krieg, Nagle,
Nicholson, Voctherg. Nays-None.
Commnnication of McniIl Crawford,
Cable Franchise Adnùnistrator, odvising of a
vacancy on tbe Cable Community
Teleprogramming Coounission, presented
and read Council Member Voetbeq¡ moved
that the communicatioo be received and íùed
and concurred with Adnùnistrator and
declarc a vacancy on the Commission.
Seconded by Cooncil Member Kluesner.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Wbereas, there bas been filed wilh the
City Clerk a final plat of Lots A ond B of
Renaissance Oaks in the City of Dubuque,
Iowa; and
Wbereas, upon said final plat appears a
street to be known as Renaissance Drive,
togelher with certain public utilities, sanitary
sewer, storm sewer ond easements which the
Owners by said final plat have dedicaœd to
the public forever, and
Wbereas, said final plat has been found to
be in compliance with the conceplUal
development plan approved by the Zoning
Commission subject to Ihe owner(s) agreeing
to the conditions noœd in Section 2 below;
and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to Ihe statutes and
ordinances relating to i~ except that no
streets or public utilities have yet been
construcœd or installed; and
Wbereas, the City Council concurs in the
conditions of approval.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1. That the dedication of Lot A,
to be known as Renaissance Drive, togelher
with the easements for public utilities,
sanitary sewer, storm sewer and drainage
easements as they sppear upon said fina1
pla~ be and the aame are hereby accepœd;
and
Section 2, That the final plat of Lots A
and B of Renaissance Oaks is herehy
approved und the Mayer and City Clerk are
hereby authorized and direcœd to endcrse
the approval of the City of Dubuque, Iowa,
upon said final pIal, provided the owners of
said property herein named, execute their
written acceptance hereto attached agreeing:
a. To reduce Renaissance Drive to
grade und to construct concrelo curb
and gutter ond to hard surface with
asphaltic concrete, or with concrete
paving wilh integral curb, all in
accordance with the City of Dubuque
standard specifications; all in a
monoer acceptable to the City
Engineer ond in conformance with I
construction improvement pIons
approved by the City Engineer.
b. To install unitary sewer mains and
se- service laterals into each
individnallo~ water mains and w-
service laterals into each individnal
101. storm sew.... ond cak:h basins,
boulevard street lighting und erosion
control devices all in accordance
REFUNDS REQUESTED -- Robert I.
Breitbach, in amount of $31.50 for unexpired
Beer Pernù~ Robert J. Breitbach, in amount
of $25.00 for unexpired Cigarette Ucense,
preacnœd and read. Council Member
Voctbeq¡ moved that Ihe refunds be
approved and Finauce Dept. to issne proper
check. Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Proof of Publication certified to by Ihe
Publisher on Ust of Claims paid for the
monlh of lanuary, 1993, presenœd and resd.
Council Member Voetberg moved that the
proof of publication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
Commnnication of Swiss Valley Farms,
Co., subnùtting their audit report for fiscal
year ending September 30, 1992, presenœd
ond read. Council Member Voetberg
moved that the communication be received
ond filed. Seconded by Council Member
Nagle. Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson.
Voetbeq¡. Nays-None.
Communication of City Manager
rocornrnending approval of final plat of
Renaissance Oaks, presented and road.
Council Member Voetberg moved Ihat the
conunnnicalion be received and filed.
Seconded by Council Member Nagle.
Carried hy the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voctbeq¡. Nays-None.
RESOLUTION NO. 88.93
A RESOLUTION APPROVING
TIlE FINAL PLAT OF WTS A
AND B OF RENAISSANCE OAKS
IN THE CITY OF DUBUQUE,
IOWA.
with the City of Dubuque standard
specifications ond in accordance wilh
construction impeuvernent plans approved by
the City Engineer, ond inspecœd by the City
Engineer.
c. To construct said impeuvernents,
except sidewallcs, wilitin one year
from the date of acceptance of litis
resclution, at the sole expense of the
subdivider, as owner, or future
owner,
d. To maintain the public
impeuvernents, except sidewallcs, for
a period of two (2) years from the
date of the acceptance of those
impeuvernents by the City of
Dubuque, Iowa, at the sole expense
of the subdivider, as owner, or future
owner,
e. To construct sidewallcs in acccrdauce
with the requirements of Section 42-
24(e) of the City Code, specifically:
Sidewalk installation shall be Ihe
responsibility of Ihe owner of the
property abutting Ihe public right-of-
way. Tbe responsibility shall extend
to all successors, heirs ond assignees.
Sidewalk installation will not be
required unlil the development of the
lot bas been compleœd, except as
required berein. In sparsely
developed subdivisions, sidewalks on
developed lots will not be required
unlil50% of the lots approved by Ihe
plat have been developed. All vacant
lots shall hIve sidewallcs installed
upon development of 80% of the lots
approved by the plat.
And further provided that said
Renaissance Development Company, as
owner of said property, shall secure Ihe
performonoe of the foregoing conditions
provided in Section 2 by providing security
in such form and with such sureties as may
be acceptable In the City Manager of the
City of Duhoque. Iowa.
Section 3. That in the event Renaissance
Development Company shsli fail to execute
the acceptance and furnish the security
provided in Section 2 hereof wilitin forty-
five (45) days after the date of the
Resolution, the provisions hereof shall be
null and void ond the acceptance of the
dedication ond approval the plat shall not be
effective.
Passed, approved ond adopœd litis 151h
day of March, 1993.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
95
Regular Session, March 15, 1993
Regular Session, March 15, 1993
96
AœEPTANCE OF RESOLUTION NO.
88-93
I, the -gned, Steven Boge, having
read the terms and conditions of the
ResolutiÒII No. 88-93 and being familiar
with the conditions thereof, bereby accept
litis aame ond agree to the conditions
required therein.
Dated in Dubuque, Iowa litis 30th day of
AprlI,I993.
By IslSteven Bcge
Renaissance Development Co.
TO: Mary A. Davis
City Clerk
This is to certify Ihat Ihe required security
for the foregoing Resolution No. 88-93 has
been properly filed.
Dated at Dubuque, Iowa litis 301h day of
AprlI,I993.
Is/Michsel C. Van Milligen
City Monager
Council Member Voetbeq¡ moved
adoption of the Reselution. Secoaded by
Council Member Nngle. Carrœd by the
following volo: You-Mayer Brady,
Council Members Deich, Klueaner, Krieg,
Nagle, Nicholson, Voetheq¡. Nays-None.
Petition of Mike Remakel requeating
extension of 150 days for security buoding
purposes for Ncrthweat Ridge Subdivision
final pJa~ ond communication of City
Manager _ing request for 150 days
extension, presenœd ond read. Council
Mombe< Voctherg moved thai the petition
and commnnication be received and filed.
Secoaded by Council Member Nagle.
Carried by the following vote:
You-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
VoetbeQl. Nays-None.
RFSOLUTION NO. 89-93
A RESOLUTION RESCINDING
RESOLUTION NO. 345.92 AND
REAFFIRMING THE FINAL PLAT
OF NORTHWEST RIDGE IN THE
CITY OF DUBUQUE, IOWA.
Wbereas, there has been filed wilh the
City Clerk a final plat of NorIhwest Ridge in
the City of Dubuque, Iowa; ond
Wbereas, upon said final plat appears a
slreet to be known as Remsbeq¡ Drive,
together with certain public utility und
ssnitary und stœu sewer easements which
the Owners by said final plat hIve dedicaœd
to Ihe public forever; ond
Wbereas, said final plat has been
exanùned by the City Planner ond said plat
is in substanlial conformance to the
preJimiuary plat for the property, the CIty of
Dubuque Code of OnIinonce and the
Comprehensive Plan ond had its _al
endoraed thereon subject to the owners
agreeing to the conditions noœd in Section 3
below; und
Wbereas, asid final plat has been
exanùned by the City Council and they find
thai it confcrms to Ihe statutes and
ordinances relating to i~ except that no
slreetl ex public utilities have yet been
conslrUCted or installed; ond
Wbereas, the City Council concurs in the
conditions of approval established by Ihe
City Planner.
NOW, THEREFORE,BEITRESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution No. 345-92 is
hereby rescinded.
Section 2. That the dedication of
Remsber¡ Drive, together with Ihe easements
for public utilities, ssnitary sewer, storm
sewer ond wa1er mains as Ihey appear upun
said final pla~ be and Ihe same are herehy
acœpœd; ond
Section 3. That Ihe plat of NorIhwest
Ridge is hereby approved ond the Mayor and
City Clerk are bereby authcrized and
direcœd to endorse Ihe 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 Remsber¡ Drive to grade
und to cons1ruct concrete curb and
gutter ond to hsrd surface with
asphaltic concrete, or wilh concrete
paving wilh integral curb, all in
accordance with the City of Dubuque
standard specifications; all in a
monoer acceptable to the City
Engineer ond in conformance with
consttuction improvement plans
approved by Ihe City Engineer.
b. To install sanitary sewer mains and
sewer lICtVice la1erals into each
individuallo~ water mains ond water
service laterals into each individual
lot, stœu sewers and catch basins,
houlevard slreet lighting ond erosion
control devices all in accordance
with the City of Dubuque standard
specifications ond in accordance wilh
consttuction improvement plans
opproved by the City Engineer, ond
inspecœd by the City Engineer.
c. To cons1ruct asid improvements,
except sidewalks, prier to one year
from Ihe dalo of acceptance of litis
rcselution, at the sole expense of the
subdivider, as owner, or future
owner;
d. To maintain the public
improvements, except sidewalks, for
a period of two (2) years from the
date of the acceptance of those
improvements by the City of
Dubuque, Iowa, at the acle expense
of the subdivider, as owner, or future
owner,
e. To construct sidewalks in accordanœ
with the requirements of Section 42-
24(e) of the City Code, specifically:
Sidewalk installation shall be the
responsibility of Ihe owner of the
property abutting Ihe public right-of-
way. Tbe responsibility shall extend
to all sucœssers, heirs ond assignees.
Sidewalk installatieu will not be
required until the development of tho
lot has been compleœd, except as
required herein. In sparøely
developed subdivisions, sidewalks on
developed lots will not be required
until 50% of Ihe lots approved by Ihe
plat have been developed. All vacant
lots shall hIve sidewalks installed
upon development of 80% of the lots
approved by the plat.
And furlher provided Ihat said Michsel
aud Mary Beth Remakel ond Michael and
Sally BeQlmonn, as owners of said property,
shall secure the performance of the foregoing
conditieus provided in Section 3 hy
providing security in such form ond with
such sureties as may be acceptable to Ihe
City Manager of the City of Dubuque, Iowa.
Section 4. That in the event the owners
shall fail to execute Ihe acceptance ond
furnish the security provided in Section 3
hereof wilitin one hundred fifty (150) days
af1er the date of the Resolution, the
provisieus hereof shall be null ond void ond
the acceptance of the dedication ond
approval the plat shall not be effective.
Passed, approved ond adopœd litis 15th
day of March, 1993.
Attest:
Mary A. Davis
City Clerk
lames E. Brady
Mayor
ACCEPTANCE OF RESOLUTION NO.
89-93
We, the undersigned, Michselond Mary
Beth Remakel and Michsel ond Sally
Bergmonn, having read Ihe terms ond
conditieus of the Reselution No. 89-93 ond
being familiar with the conditions thereof,
hereby accept litis same ond agree to the
conditions required Ihcrein.
Daœd in Dubuque, Iowa litis - day
of -' 1993.
NOT SIGNED AS OF JUNE 1, 1993
By Michael Remake!
By Mary Beth Remakel
By Michael Bergmonn
By Sally Bergmonn
TO: Mary A. Davis
City Clerk
This is to cenify that Ihe required security
for the foregoing Resolution No. 89-93 has
been pmpetIy filed.
Daœd at Dubuque, Iowa, litis day of
1993.
NOT SIGNED AS OF JUNE I, 1993.
Is/ Michsel C. VIR Milligen
City Mannger
Council Member VoctbeQl moved
adoption of the Rcsclutieu. Seconded by
Council Member Nagle. Canied by the
following vote: You-Mayer Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetheq¡. Nays-Neue.
Communication of City Manager
recommending adoption of Supplement *13
to Ihe City Code of OnIinonces for inclusion
of Ordinances adopœd thru December, 1992,
preacnœd and read. Council Member
VoetbeQl moved that the commnnication be
received ond filed. Seconded by Council
Mombe< Nagle. Carried by the following
vote: You-Mayor Brady, Council
Mombe<s Deich, Klnesner, Krieg, Nagle,
Nicholson, VoetbeQl. Nayo-None.
RESOLUTION NO. 90-92
ADOPTING SUPPLEMENT NO. 13
TO THE CODE OF ORDINANCFS
OF THE CITY OF DUBUQUE,
IOWA
Wbereas. undcrdateofJIÙY 11,1989, the
City Council, pursuont to Onlinonce No. 34-
89, readopœd the Code of Onlinances of Ihe
City of Dubuque, Iowa fer ordinances
ndopted up to and including Decembe< 19,
1988; ond
Wbereas, since December 19, 1988 Ihe
City Council of the City of Dubuque, Iowa
has adopœd oertain ordinances amending Ihe
Code of Ordinances and said amendments
have been prinœd as supplements to the
Code of Onlinances; ond
Wbereas, Section 380.8 of the Code of
Onlinauccs provides that supplements, by
resclution, become part of the Code of
OnIinances.
NOW THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section I. That Supplement No. 13 of
the Code of Ordinances of the City of
Dubuque, Iowa, covering 0nli1WlCCS Ihrough
Ordinance No. 100-92 enacœd throngh
December 21, 1992 ond prepared by the
Mnnicipal Code Corporation, Tallahassee,
Flcrida, hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be ond
is bereby adopted ond becomes part of the
97
Regular Session, March 15, 1993
Regular Session, March 15, 1993
98
Code of Osdinauces of the City of Dubuque,
Iowa.
Passed, approved and adopœd litis 15th
day of March, 1993.
James E. Brady
Mayor
Atlei"
Mary A. Duvis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Secoaded by
Council Member Nagle. Carrœd by the
following vote: You-Mayor Brady,
Council Members Deich, Klueaner, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Communication of City Manager
rocornrnending approval of the May...'s
execution of an amendment to the Annnal
Conttibutions Contract with HUD for Section
8 Program Housing Vouchers, presented and
read. Council Momber Voetber¡ moved that
the communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
RESOLUTION NO. 91-93
A RESOLUTION AUTHORIZING
EXECUTION OF AN AMENDED
ANNUAL CONTRIBUTIONS
CONTRACT FOR SECTION g
HOUSING VOUCHERS,
PROGRAM NO. IAO5-V087-O13
(REPLACING PROGRAM NO.
IAO5-V087-003)
Wbereas, contracts for certain prognuns
under Ihe consolidaœd Aunnal Conttibutions
Conttact for Hoosing Voucbers are
scheduled for expiration, in 1993; and
Wbereas, the US DeparbUent of Housing
ond Urbon Development has exlonded these
funding conunibUents through the offering of
an amended consolidaœd contrac~ und
Wbereas, the Department requires
execution of this contract fer the City's
administration of these funds.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque be and he is hereby authorized ond
direcœd to execute on amended Aunnal
Conttibutions Contract, with the US
Department of Housing and Urbon
Development, for Prcject No. 1A05-V087-
013, under Mas1er Annnal Conttibutions
Contract No. KC-9004E, on behalf of the
City of Dubuque.
Section 2. This resolution shs11 take
effect inunedia1ely.
Pasaed, approved and adopœd this 15th
day of March, 1993.
Review Record for said pmjects available for
public inspection. Such notice shall be in
Ihe form of Exhibit 'A" attached hereto ond
made a put hereof.
Bishop's Block Project
Section 2. Thst the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of April 5, 1993,
authorizing the suboùssion of a request to
Ihe U.S. Department of Housing ond
Community Development,ond the Bconooùc
Development Adoùnistration to undertake the
projects.
Passed, approved ond adopœd litis 15th
day of March, 1993.
James E. Brady
Mayor
Attest:
Msry A. Davis
City Clerk
Council Member Voetbeq¡ movcd
adoption of the Resolution. Seconded by
Council Member Nngle. Canied by the
following volo: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nichelson, Voetbeq¡. Nays-None.
Communication of City Manager
requesting authorization to publish Notice of
Environmental Findings for "Bishop's Block
Project", presented and read. Council
Member Voetberg moved that the
COfM\nnication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
James E. Brady
Mayor
Atleit:
Mary A. Duvis
City Clerk
Council Member Voetber¡ moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: You-May... Brady,
Council Members Deich, Klueaner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
Communication of City Manager
requestiog authorization to publish Notice of
Environmental Findings for various
Commnnity Development Bluck Grant
Projects, presenœd and read. Council
Member Voetbeq¡ moved thst the
commnnication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
RESOLUTION NO. 92-93
RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
Whereas, the City of Dubuque entered
into a Grant Agreement for Ihe calendar year
commencing January I, 1991 with Ihe U.S.
Department of Housing and Urban
Development, pmviding for financial
assistance to the City under Tilie I of the
Housing ond Ccrnmunity Development Act
of 1974, as amended; ond
Wbereas, pursuant to Ihe rules and
regulations as promulgaœd by the U.S.
Department of Housing ond Economic
Development and the Economic
Development Administration, an
environmental review bus been processed for
the hereinafter described project proposed to
be finonced wilh Commnnity Development
Block Grant funds; ond
Wbereas, on February 22, 1993, after due
consideration, a deterßÙnation was made that
Ihe project is not a major federal aclion
significantly affecting the quality of the
humsn environment
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Thst the City Clerk be and she
is bereby authcrized ond direcœd to publish
a Notice of Finding of No significant Effect
on the Euvironment for Ihe following
project, und to make the Environmental
RESOLUTION NO. 93-93
RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVEWPMENT
BLOCK GRANT PROJECTS
Wbereas, the City of Dubuque has entered
into a Grant Agreement for the Fiscal Year
commencing July I, 1993, with the U.S.
DepurbUent of Housing ond Urbon
Development, pmviding for financial
assistance to the City under Tilie I of Ihe
Housing ond Community Development Act
of 1974, as amended; and
Wbereas, pursuant to Ihe rules and
regulations as promulgaœd by Ihe U.S.
DepurbUent of Housing and Urbon
Development, an environmental review bus
been processed for the hereinafter described
projects to be financed with Conununity
Development Block Grant funds; und
Wbereas, an ad hoe Environmental
Review Committee bus on February 23,
1993, after due oonsideralion, made a
deternùnation that Ihe projectl are not a
major federal action significanliy affecling
the quality of the humsn environment
NOW THEREFORE, BE IT RESOI. VED
BY THE CITY COUNCIL OF TIm CITY
OF DUBUQUE, IOWA:
Section I. That the City Clerk be and she
is bereby authorized and directed to publish
a Notice of Ficrling of No Significant Effect
on the Enviroument for the following
identified projects and to make Ihe
Environmental Review Record f... said
projects available fer public inspection.
Such notice shall be in the form of Exhibit
'A' attscbed hereto ond made a put hereof.
Housing Rchabilitation
Acquisition, Relocation, Demolition
Code Enfcm:ement
Economic Development Activities
Commeteial/lndusttial Loan Program
Public Facilities
. Neighbcrhood Relaœd hnprovements
Public Service Activities
. Infcrmation and Referral
. Community Parbtenhip Program
. Washington Neighbcrhood Tool Library
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resclution at its meeting of April 5, 1993,
authorizing the suboùssion of a request to
the U.S. DeparbUent of Housing and
Commnnity Development to undertake Ihe
projects.
Passed, approved ond adopted litis 15th
day of March, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voctber¡ moved
adoption of the Resolution. Seconded by
Council Member Nagle. Carrœd by Ihe
following volo: You-May... Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nichelson, Voetbeq¡. Nays-None.
Commnnication of City Manager
recommending Council support for a Grant
Application f... participation by the Police
DeparbUent in a Dubuqoe Drug Task Fcm:e
Grant, und authcrize the Mayor to sign a
let1et of support, presenœd und read.
Coum:il Member Voetbeq¡ moved thai the
commnnication be received ond filed ond
Grant Application approved. Secoaded by
Council Member Nagle. Carried by the
following volo: You-Mayer Brady,
Council Members Deich, Klueaner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
There being no further business, Council
Mombe< Voetherg moved to adjourn the
Regular Session, April 5, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, City Council, April 5,
1993; Council met at 7:30 p.oL, Public
Library Auditorium
Present: Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡, City Manager Michsel Van
MiIligen, Ccrpuntion Counsel Barry A.
Lindahl.
Mayor Brady road the call and staœd litis
is the Regular Monthly Meeting of Ihe City
Council called roc the purpose to act upun
such business which may properly come
before the Council.
Invocation was giveu by Rev. Stephen
Bibb, Co-Pastor of Faith Uniœd Methudist
Church.
PROClAMATIONS - Month of April as
"Fair Housing Month" received by Steve
Rackis; Week of April 11-17 as "Week of
the Missing Child" received by Dick
Osterbe<g; Week of April 18-24 as
"National Library Week" received by Nicky
Stanke; April 25 as "Kaleidoscope
International Fair Day" received by
Sandralee Scott; Commending Students of
Clarke College for DemonSlratiog Support by
participating in the 1993 Hunger Cleanup
Student Campaign against Hunger, received
by Rebecca Johl und Ann Dalton.
There was a preseutation of a Certificate
of Appreciatioo to a City Employee Mary
Rose Conigan.
Council Member Nagle moved to suspend
the rules to allow onyone present to address
Ihe Council if they so desire. Seconded by
Council Member Nicholson. Canied by Ihe
following vote: You-Msycr Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nichelson, Voetberg. Nays-Nooe.
Proof of Publication certified to by Ihe
Publisher on Notice of Public Hearing to
consider an Ordinauce reclassifying property
locaœd at the Northeast corner of Harrison
and Camp Streets from LI to CS ond
Wholeaale Disttict, presented ond read.
There were no written objections ond no oral
objectors present at the lime of the Hearing.
Council Member Nagle moved that the proof
of publication be received and filed.
Seconded by Council Mombe< Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Phil Miha1akis, 2096 Judson, requested
favorable rezoning.
An Ordinance amending Zoning
Ordinauce by reclassifying property tocaœd
at Ihe Norlheast cerner of Harrisoo ond
Camp Streets from LI Light Industtiai
Dislrict to CS Commercial Service ond
Wholeaale Di.ttict, said Ordinance having
been presented and read at the Council
Meeting of 3.15-93, preacnœd for final
action.
(OFl<'ICIAL PUBLICATION)
ORDINANCE NO, 14-93
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE,
lOW A, BE AMENDED BY REVISING
APPENDIX A THEREOF, ALSO
KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA. BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT THE NORTHEAST CORNER OF
HARRISON AND CAMP STREETS
FROM LI LIGHT INDUSTRIAL
DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE
DISTRICT.
NOW, THEREPORE, BE IT ORDAINED
BY TIlE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Ihe Code of Ordinances
of the City of Dubuque, Iowa be amended
by revising Appendix A thereot also known
as the Zoning Ordinauce of Ihe City of
Dubuque, Iowa, to reclassify hereinafter
described property from LI Ught Induslrial
Disttict to CS Conuncrcial Service and
Wholeaale Disttict, to wit:
The west 124.65 feet of Lot I, the east
50 feet of Lot I, Lot 4, the southerly
most 122.17 feet of the west 123.16
feet of the west 123.65 feet of Lot 2,
the sonlherly 122.17 feet of Ihe east 50
feet of Lot 2, the soulherly 113.76 feet
of Lot 3, all in Block D of Induslrial
Subdivision No. I and to the center
line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
100