1994 February Council ProceedingsRegular Session, February 7, 199418
Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
DUBUQUE
An Ordinance Vacating a portion of
Saunders Street from Stoltz Street to the
CITY COUNCIL
Northwesterly Line of Lot 37 of Fairmount
Park Subdivision, said Ordinance having been
presented and read at the Council Meeting of
1-17-94, presented for final action.
OFFICIAL
PROCEEDINGS
(OFFICIAL PUBLICATION)
ORDINANCE NO. 5-94
ORDINANCE VACATING A PORTION
OF SAUNDERS STREET FROM STOLTZ
Regular Session, February 7, 1994
Council Met at 7:30 p.m. Public LibrarySTREET TO THE NORTHWESTERLY
AuditoriumLINE OF LOT 37 OF FAIRMOUNT
PARK SUBDIVISION
Present: Mayor Duggan, Council Members
Whereas, Drew and Terra Cook have
Kluesner, Krieg, Nagle, Nicholson, Robbins,
requested the vacating of a portion of Saunders
Voetberg, City Manager Michael C. Van
Street from Stoltz Street to the northwesterly
Milligen, Corporation Counsel Barry A.
Lindahl.line of Lot 37 of Fairmount Park Subdivision;
and
Whereas, IIW Engineers & Surveyors, P.C.,
Mayor Duggan read the call and stated this
Dubuque, Iowa, has prepared and submitted to
is the Regular Session of the City Council
the City Council a plat showing the vacated
called for the purpose to act upon such
business which may properly come before theportion of Saunders Street and assigned lot
Council.numbers thereto, which hereinafter shall be
known and described as Lot 37A in Fairmount
Park Subdivision in the City of Dubuque,
Invocation was given by Rev. David Pierce,
Dubuque, County, Iowa; and
Dean of the University of Dubuque
Whereas, the City Council of the City of
Theological Seminary and Vice President of
the University of Dubuque.Dubuque, Iowa has determined that this
portion of Saunders Street is no longer
required for public use, and vacating of said
PROCLAMATIONS -- Feb. 13-19 as
portion of Saunders Street known as Lot 37A
"Distributive Education Clubs of America
in Fairmount Park Subdivision in the City of
Week" received by Mike McClanahan; Feb.
Dubuque, Dubuque County, Iowa, should be
19-26 as "National Engineer's Week" received
by John White.approved.
City Employee Barb Brehm of Five FlagsNOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
Civic Center was awarded a Certificate of
DUBUQUE, IOWA:
Appreciation.
Section 1. That the real estate described as
Lot 37A in Fairmount Park Subdivision in the
Council Member Nagle moved to suspend
the rules to allow anyone present to addressCity of Dubuque, Iowa, be and the same is
the Council if they so desire. Seconded byhereby vacated.
Section 2. The City reserves unto itself a
Council Member Robbins. Carried by the
perpetual easement including the right of
following vote: Yeas—Mayor Duggan, Council
ingress and egress thereto, for the purpose of
Members Kluesner, Krieg, Nagle, Nicholson,
installing, constructing, reconstructing,
Robbins, Voetberg. Nays—None.
repairing, owning, operating, and maintaining
Proof of Publication certified to by thea storm sewer and drainage system as may be
authorized by the City of Dubuque, Iowa, as
Publisher on Notice of Public Hearing to
shown on said plat.
vacate and dispose of Lots 37 & 37A in
Passed, approved and adopted this 7th day
Fairmount Park Subdivision and
of February, 1994.
communication of City Manager
recommending vacation of a portion ofTerrance M. Duggan, Mayor
Saunders St. and that Lot 37 of FairmountAttest:
Mary A. Davis, City Clerk
Park Subd. be sold to Drew and Terra Cook
Published officially in the Telegraph
for $4,506.00, presented and read. There were
no written objections received and no oralHerald newspaper this 11th day of February,
objectors present at the time of the Hearing.1994. 1t 2/11
Council Member Kluesner moved to receiveMary A. Davis CMC, City Clerk
and file the proof and communication. Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—MayorCouncil Member Voetberg. Carried by the
Duggan, Council Members Kluesner, Krieg,following vote: Yeas—Mayor Duggan, Council
19Regular Session, February 7, 1994
Members Kluesner, Krieg, Nagle, Nicholson,Proof of Publication certified to by the
Robbins, Voetberg. Nays—None.Publisher on Notice of Public Hearing to
consider disposing of city-owned property at
RESOLUTION NO. 18-94510-512 E. 22nd Street and communication of
Whereas, pursuant to resolution andCity Manager recommending sale of the four-
published notice of time and place of hearing,plex apartment building to the high bidder,
published in the Telegraph Herald, aThomas Felderman in the amount of
newspaper of general circulation published in$104,000, presented and read. There were no
the City of Dubuque, Iowa on 28th day ofwritten objections received and no oral
January, 1994, the City Council of the City ofobjectors present at the time of the Hearing.
Dubuque, Iowa met on the 7th day ofCouncil Member Voetberg moved that the
February, 1994, at 7:30 p.m. in the Publicproof and communication be received and
Library Auditorium, 11th and Locust,filed. Seconded by Council Member Nagle.
Dubuque, Dubuque County, Iowa to considerCarried by the following vote: Yeas—Mayor
the proposal for the sale of real estateDuggan, Council Members Kluesner, Krieg,
described as:Nagle, Nicholson, Voetberg. Nays—None.
Lot 37 & Lot 37A in Fairmount Park
Subdivision in the City of Dubuque, Iowa;RESOLUTION NO. 19-94
andRESOLUTION APPROVING THE
Whereas, the City Council of the City ofDISPOSAL OF CITY-OWNED
Dubuque, Iowa overruled any and allPROPERTY, SPECIFICALLY, LOT
objections, oral or written, to the proposal toEIGHT (8) OF MINERAL LOT 314, IN
dispose of interest of the City of Dubuque,THE CITY OF DUBUQUE, COUNTY OF
Iowa in the hereinabove described real estateDUBUQUE, IOWA, ACCORDING TO
to Drew and Terra Cook.THE RECORDED PLAT THEREOF,
NOW, THEREFORE, BE IT RESOLVEDALSO KNOWN AS 510-512 EAST 22ND
BY THE CITY COUNCIL OF THE CITY OFSTREET, TO THOMAS D. AND JOAN F.
DUBUQUE, IOWA:FELDERMAN.
Section 1. That the disposal of the interestWhereas, pursuant to a notice, duly
of the City of Dubuque, Dubuque County,published in the Telegraph Herald newspaper,
Iowa in real property described as Lot 37 andthe City Council of Dubuque, Iowa, met on the
Lot 37A in Fairmount Park Subdivision in the7th day of February, 1994, at 7:30 p.m. in the
City of Dubuque, Iowa to Drew and TerraCarnegie Stout Public Library Auditorium,
Cook, be and the same is hereby approved for11th and Bluff Street, Dubuque, Iowa, to
the sum of $4,506.00, plus publication andconsider the proposal to dispose of City-owned
filing fees; conveyance shall be by Quit Claimreal estate located at 510-512 East 22nd Street
Deed.which property is legally described as follows:
Section 2. That the Mayor be authorizedLot 8 (8) of Mineral Lot 314, in the City of
and directed to execute a Quit Claim Deed,Dubuque, County of Dubuque, Iowa,
and the City Clerk be and is hereby authorizedaccording to the recorded plat thereof.
and directed to deliver said deed of conveyanceWhereas, such property is proposed to be
to the above named grantees upon receipt ofsold to Thomas D. and Joan F. Felderman in
the purchase price in full.consideration for One Hundred-Four
Section 3. The City reserves unto itself aThousand Dollars ($104,000.00); and
perpetual easement including the right ofWhereas, the City Council of the City of
ingress and egress thereto, for the purpose ofDubuque, Iowa, has overruled any and all
installing, constructing, reconstructing,objections, oral and written, to the proposal to
repairing, owning, operating, and maintainingdispose of the interest of the City of Dubuque,
a storm sewer and drainage system as may beIowa, in the herein and above-named real
authorized by the City of Dubuque, Iowa, asestate to the above-named grantee.
shown on said plat.NOW, THEREFORE, BE IT RESOLVED
Section 4. That the City Clerk be and isBY THE CITY COUNCIL OF THE CITY OF
hereby authorized and directed to record aDUBUQUE, IOWA:
certified copy of this resolution in the office ofSection 1. That the disposal of the interest
the City Assessor, Dubuque County Recorderof the City of Dubuque in the above-described
and the Dubuque County Auditor.property to Thomas D. and Joan F. Felderman
Passed, approved and adopted this 7th dayis hereby approved.
of February, 1994.Section 2. That the Mayor be and he is
Terrance M. Duggan, Mayorhereby authorized and directed to execute a
Attest:Quit Claim Deed, and that the City Clerk be
Mary A. Davis, City Clerkand she is hereby directed and authorized to
Council Member Kluesner moved adoptiondeliver such Deed, conveying the above
of the Resolution. Seconded by Councildescribed real estate to the above-named
Member Voetberg. Carried by the followinggrantee.
vote: Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 7th day
Kluesner, Krieg, Nagle, Nicholson, Robbins,of February, 1994
Voetberg. Nays—None.Terrance M. Duggan, Mayor
Regular Session, February 7, 199420
Attest:ORDINANCE NO. 6-94
Mary A. Davis, City ClerkAN ORDINANCE OF THE CITY OF
Council Member Voetberg moved adoptionDUBUQUE, IOWA AMENDING
of the Resolution. Seconded by CouncilAPPENDIX A (THE ZONING
Member Nagle. Carried by the following vote:ORDINANCE) OF THE CODE OF
Yeas—Mayor Duggan, Council MembersORDINANCES, CITY OF DUBUQUE,
Kluesner, Krieg, Nagle, Nicholson, Robbins,IOWA, BY RECLASSIFYING
Voetberg. Nays—None.HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2282
Proof of Publication certified to by theUNIVERSITY AVENUE FROM C-2
Publisher on Notice of Public Hearing toNEIGHBORHOOD SHOPPING CENTER
consider reclassifying property at 2282DISTRICT TO C-3 GENERAL
University Ave. from C-2 to C-3 District,COMMERCIAL DISTRICT, WITH
presented and read. There were no writtenCONDITIONS.
objections received and no oral objectorsNOW THEREFORE, BE IT ORDAINED
present at the time of the Hearing. CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Kluesner moved that the proof ofDUBUQUE, IOWA:
publication be received and filed. SecondedSection 1. That Appendix A (the Zoning
by Council Member Voetberg. Carried by theOrdinance) of the Code of Ordinances of the
following vote: Yeas—Mayor Duggan, CouncilCity of Dubuque, Iowa be amended by
Members Kluesner, Krieg, Nagle, Nicholson,reclassifying hereinafter described property
Robbins, Voetberg. Nays—None.from C-2 Neighborhood Shopping Center
Dan Kruse spoke requesting the rezoning.District to C-3 General Commercial District,
An Ordinance Amending Zoning Ordinancewith conditions as described in the
by reclassifying property located at 2282accompanying Memorandum of Agreement, to
University Avenue from C-2 Neighborhoodwit:
Shopping Center District to C-3 GeneralLot 10, Lot 11 and the northerly one-half of
Commercial District, (rezoning denied byLot 9, all in Finley Waples and Burton's
Zoning Commission, first reading only ofAddition and the center line of the
Ordinance given at meeting of 1-17-94),adjoining public right-of-way, all in the City
presented for further action. of Dubuque, Iowa.
Section 2. That the foregoing amendment
has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Passed, approved and adopted this 7th day
of February, 1994.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of February,
1994.
1t 2/11Mary A. Davis CMC, City Clerk
Council Member Kluesner moved that this
be considered the second reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended and further moved final
adoption of the Ordinance, subject to
conditions agreed to by owner before this
public hearing. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
BOARDS & COMMISSIONS
COMMUNITY DEVELOPMENT
COMMISSION
Vacancies: Two one-year terms which will
expire 2-15-94 (one At Large and One from
Census Tract); Three two-year terms which
will expire 2-15-95 (one At Large and two
from Census Tracts); Three three-year terms
which will expire 2-15-96 (one At Large and
21Regular Session, February 7, 1994
Two from Census Tracts): Total of 8Parks. Council Member Kluesner voted for
Vacancies.Neyens and Schultz; Council Member Krieg
Census Tract #1 Applicants: Williamvoted for Buelow and Neyens; Council
Daugherty and Eillene M. George.Member Nagle voted for Felderman and Parks;
Vote for Census Tract #1: Mayor DugganCouncil Member Robbins voted for Buelow
voted for Eillene George; Council Memberand Felderman; Council Member Nicholson
Kluesner voted for Wm. Daugherty; Councilvoted for Buelow and Tabor; Council Member
Member Krieg voted for Eillene George;Voetberg voted for Schultz and Tabor. There
Council Member Nagle voted for Wm.being no majority a second vote was taken.
Daugherty; Council Member Nicholson votedMayor Duggan voted for Felderman and
for Wm. Daugherty; Council Member RobbinsParks; Council Member Kluesner voted for
voted for Wm. Daugherty; Council MemberFelderman and Tabor; Council Member Krieg
Voetberg voted for Eillene George. Therefore,voted for Buelow and Tabor; Council Member
Wm. Daugherty appointed to represent CensusNagle voted for Felderman and Parks; Council
Tract #1 with term to expire 2-15-97.Member Nicholson voted for Buelow and
Census Tract #2: Applicant: Michael J.Tabor; Council Member Robbins voted for
Kelley. Buelow and Felderman; Council Member
Council Member Voetberg moved thatVoetberg voted for Schultz and Tabor.
Michael Kelley be appointed to the CensusTherefore, Robert Felderman and Paul Tabor
Tract #2 CD Commission for a term that willappointed to two terms which will expire 6-1-
expire 2-15-96. Seconded by Council Member96.
Kluesner. Carried by the following vote:Vote on the terms to expire 6-1-95:
Yeas—Mayor Duggan, Council MembersMayor Duggan voted for Neyens and Parks;
Kluesner, Krieg, Nagle, Nicholson, Robbins,Council Member Kluesner voted for Buelow
Voetberg. Nays—None.and Neyens; Council Member Krieg voted for
At Large Applicants: Ken Beeghly, JohnBuelow and Neyens. Council Member Nagle
Davis, Carl Heathcote, Neil Kelley, Karlvoted for Neyens and Parks. Council Member
Kohnen, JoAnn A. Post; Timothy Puls; GayleNicholson voted for Neyens and Buelow.
Randolph II; Richard Stein; ThomasCouncil Member Robbins voted for Buelow
Wainwright.and Parks. Council Member Voetberg voted
Vote on the At Large position expiring 2-15-for Neyens and Schultz. Therefore, Leslie
97. Mayor Duggan voted for Wainwright;Neyens appointed to a term on the
Council Member Kluesner voted forEnvironmental Stewardship Commission
Wainwright; Council Member Krieg voted forwhich will expire 6-1-95.
Post; Council Member Nagle voted forThere being no majority for a second
Wainwright; Council Member Nicholson votedindividual to serve until 6-1-95, another vote
for Wainwright; Council Member Robbinswas taken. Mayor Duggan voted for Parks;
voted for Wainwright;, Council MemberCouncil Member Kluesner voted for Buelow;
Voetberg voted for Wainwright. Therefore,Council Member Krieg voted for Buelow;
Thomas Wainwright appointed to the CDCouncil Member Nagle voted for Parks;
Commission for a three year term, At Large,Council Member Nicholson voted for Buelow;
which will expire 2-15-97.Council Member Robbins voted for Buelow;
NEWLY ESTABLISHEDCouncil Member Voetberg voted for Buelow.
ENVIRONMENTAL STEWARDSHIPTherefore, Michael J. Buelow appointed to a
COMMISSION.term on the Environmental Stewardship
Youth applicants: Jason Emmerts and JacobCommission which will expire 6-1-95.
Felderman; Vote on Youth representativeVote on the two terms that expire 6-1-94:
which term will expire 6-1-94: Mayor DugganMayor Duggan voted for Parks and Schultz;
voted for Felderman; Council MemberCouncil Member Kluesner voted for Mihalakis
Kluesner voted for Felderman; Counciland Schultz; Council Member Krieg voted for
Member Krieg voted for Felderman; CouncilParks and Schultz; Council Member Nagle
Member Nagle voted for Felderman; Councilvoted for Parks and Schultz; Council Member
Member Nicholson voted for Emmert; CouncilNicholson voted for Parks and Schultz;
Member Robbins voted for Felderman;Council Member Robbins voted for Parks and
Council Member Voetberg voted forSchultz; Council Member Voetberg voted for
Felderman. Therefore, Jacob FeldermanMihalakis and Schultz. Therefore, Brad Parks
appointed as Youth Representative to theand Paul Schultz appointed to terms expiring
Environmental Stewardship Commission6-1-94.
which term will expire 6-1-94.TRANSIT BOARD OF TRUSTEES:
Adult Applicants: Michael J. Buelow,Two three-year terms which will expire 7-
Robert Felderman, Bill Meyer, Michelle30-96 (Term of G. Enderson; Other open).
Mikalakis, Leslie Neyens, Brad Parks, PaulApplicants: Michael T. Chase and George
Schultz, Paul Tabor, Charles Winterwood. Enderson, Jr.
Two terms to expire 6-1-96; Two Terms toCouncil Member Krieg moved that George
expire 6-1-95; Two terms to expire 6-1-94.Enderson Jr. be reappointed and Michael T.
First Vote for the terms to expire 6-1-96:Chase be appointed to the Transit Bd. for three
Mayor Duggan voted for Felderman andyear terms which will expire 7-30-96.
Regular Session, February 7, 199422
Seconded by Council Member Nicholson.FINAL ESTIMATE
Carried by the following vote: Yeas—MayorWhereas, the contract for the 1991
Duggan, Council Members Kluesner, Krieg,Sidewalk Construction Fund has been
Nagle, Nicholson, Robbins, Voetberg.completed and the City Engineer has
Nays—None.submitted his final estimate showing the cost
thereof including the cost of estimates, notices
Glen Smock Jr. to address the Council andand inspection and all miscellaneous costs;
requesting Mayor be authorized to executeNOW THEREFORE, BE IT RESOLVED
document to rename State Highway No. 3 toBY THE CITY COUNCIL OF THE CITY OF
"The American Veterans Memorial Highway"DUBUQUE, IOWA:
and a Resolution Naming "The AmericanSection 1. That the cost of said
Veterans Memorial Highway", presented andimprovement is hereby determined to be
read. Council Member Krieg moved that the$6,446.75 and the said amount shall be paid
matter be tabled until Mr. Smock is available.from the Sidewalk Construction Fund of the
Seconded by Council Member Voetberg. City of Dubuque, Iowa.
Carried by the following vote: Yeas—MayorSection 2. That $4,870.71 of the cost
Duggan, Council Members Kluesner, Krieg,thereof shall be assessable upon private
Nagle, Nicholson, Robbins, Voetberg.property and $1,576.02 shall be paid from
Nays—None.Sidewalk Construction Fund.
Passed, approved and adopted this 7th day
Communication of City Managerof February, 1994.
recommending a levy of final specialTerrance M. Duggan, Mayor
assessments for sidewalk installations of threeAttest:
property owners, presented and read. CouncilMary A. Davis, City Clerk
Member Robbins moved that theCouncil Member Robbins moved adoption
communication be received and filed.of the Resolution. Seconded by Council
Seconded by Council Member Voetberg.Member Voetberg. Carried by the following
Carried by the following vote: Yeas—Mayorvote: Yeas—Mayor Duggan, Council Members
Duggan, Council Members Kluesner, Krieg,Kluesner, Krieg, Nagle, Nicholson, Robbins,
Nagle, Nicholson, Robbins, Voetberg.Voetberg. Nays—None.
Nays—None.RESOLUTION NO. 22-94
A RESOLUTION ADOPTING THE FINAL
RESOLUTION NO. 20-94ASSESSMENT SCHEDULE FOR 1991
ACCEPTING IMPROVEMENTSIDEWALK CONSTRUCTION
Whereas, the contract for the 1991PROGRAM INCLUDING CERTAIN
Sidewalk Construction Program has beenINFORMATION REQUIRED BY THE
completed and the City Manager has examinedCODE OF IOWA, SPECIFICALLY, THE
the work and filed his certificate stating thatNUMBER OF ANNUAL INSTALLMENTS
the same has been completed according to theINTO WHICH ASSESSMENTS ARE
terms of the contract, plans and specificationsDIVIDED, THE INTEREST ON ALL
and recommends it acceptance.UNPAID INSTALLMENTS, THE TIME
NOW THEREFORE, BE IT RESOLVEDWHEN THE ASSESSMENTS ARE
BY THE CITY COUNCIL OF THE CITY OFPAYABLE AND DIRECTING THE
DUBUQUE, IOWA:CLERK TO CERTIFY THE FINAL
Section 1. That the recommendation of theSCHEDULE AND TO PUBLISH NOTICE
City Manager be approved and that saidTHEREOF.
improvement be and the same is herebyNOW THEREFORE, BE IT RESOLVED
accepted.BY THE CITY COUNCIL OF THE CITY OF
BE IT FURTHER RESOLVED that theDUBUQUE, IOWA:
City Treasurer be and he is hereby directed toThat after full consideration of the final
pay to the contractor from Sidewalkschedule of assessments and accompanying
Construction Fund in amount equal to theplat showing the assessments proposed to be
amount of his contract, less any retainedmade for the construction of the 1991
percentage provided for therein.Sidewalk Construction Program, which final
Passed, approved and adopted this 7th dayplat and schedule were filed in the office of the
of February, 1994.City Clerk on the 2nd day of February, 1994,
Terrance M. Duggan, Mayorthat said schedule of assessments be and the
Attest:same is hereby approved and adopted.
Mary A. Davis, City ClerkThat there be, and is hereby assessed and
Council Member Robbins moved adoptionlevied as a special tax against and upon each
of the Resolution. Seconded by Councilof the lots, the respective sums indicated.
Member Voetberg. Carried by the followingProvided, further, that the amounts shown in
vote: Yeas—Mayor Duggan, Council Memberssaid final schedule of assessments as
Kluesner, Krieg, Nagle, Nicholson, Robbins,deficiencies are found to be proper and levied
Voetberg. Nays—None.conditionally against the respective properties
benefitted by the improvements as shown in
RESOLUTION NO. 21-94the schedule, subject to the provisions of
23Regular Session, February 7, 1994
Section 384.63, Code of Iowa. SaidEQUESTRIAN HEIGHTS SUB. #1
assessments against said lots are herebyMURRAY, FRANCIS & JULIE
declared to be in proportion to the specialLOT 5 BLK 2
benefits conferred and not in excess of twenty-$146,198.00$1,058.00
five percent of the value of same.
Assessments of $50.00 or more are payableTUCKER, DELBERT W.
in 10 equal annual installments, with interestLOT 6 BLK 2
on the unpaid balance, all as provided in$133,224.45$2,694.45
Section 384.65, Code of Iowa. Conditional
deficiency assessments, if any, may be leviedSUNSET PARK SUB. #4
against the applicable property for the sameHUFFORT, WAYNE & PATRICIA
period of years as the assessments are madeLOT 1 BLK 5
payable.$ 76,608.26$1,118.26
Assessments may be paid in full or in part$4,870.71
without interest at the office of the County
Treasurer, at any time within 30 days after theCouncil Member Robbins moved adoption
date of the first publication of this notice of theof the Resolution. Seconded by Council
filing of the final plat and schedule ofMember Voetberg. Carried by the following
assessments with the County Treasurer.vote: Yeas—Mayor Duggan, Council Members
Unless said assessments are paid in full withinKluesner, Krieg, Nagle, Nicholson, Robbins,
said thirty day period all unpaid assessmentsVoetberg. Nays—None.
will draw annual interest computed at 9
percent (commencing on the date ofCommunication of City Manager
acceptance of the work) computed to therecommending submission of a Grant
December 1st next following the due dates ofApplication to the U.S. Dept. of Housing and
the respective installments. Each installmentUrban Development for funding of community
will be delinquent on September 30theducation and outreach activities and for a
following its due date on July 1st in each year.Neighborhood Conflict Resolution Program,
Property owners may elect to pay any annualpresented and read. Council Member
installment semiannually in advance.Voetberg moved that the communication be
That the City Clerk be and is herebyreceived and filed. Seconded by Council
directed to certify said schedule to the CountyMember Robbins. Carried by the following
Treasurer of Dubuque County, Iowa, and tovote: Yeas—Mayor Duggan, Council Members
publish notice of said certification once eachKluesner, Krieg, Nagle, Nicholson, Robbins,
week for two consecutive weeks in the mannerVoetberg. Nays—None.
provided in Section 362.3, the first publication
of which shall be not more than fifteen daysRESOLUTION NO. 23-94
from the date of filing of the final schedule.RESOLUTION AUTHORIZING THE
The City Clerk shall also send by certified mailCITY MANAGER TO EXECUTE A
to property owners whose property is subjectCONTRACT WITH THE U.S.
to assessment a copy of said notice, andDEPARTMENT OF HOUSING AND
mailing to be on or before the date of theURBAN DEVELOPMENT FOR THE
second publication of the notice, all asPURPOSE OF PROVIDING FUNDS
provided and directed by Section 384.60 of theAWARDED UNDER THE FAIR
Code of Iowa.HOUSING INITIATIVES PROGRAM
Passed, approved and adopted this 7th day(FHIP)
of February, 1994.Whereas, the Dubuque Human Rights
Terrance M. Duggan, MayorCommission is an entity founded for the
Attest:purpose of eliminating discrimination through
Mary A. Davis, City Clerkthe processing of discrimination complaints;
CITY OF DUBUQUE, IOWAand through the presentation of education and
SCHEDULE OF VALUATIONS ANDother outreach activities with the public; and
PROPOSED ASSESSMENTSWhereas, the Dubuque Human Rights
1991 SIDEWALK CONSTRUCTIONCommission has completed an application for
PROGRAM: EQUESTRIAN HEIGHTS SUB.a federal grant from the U.S. Department of
#1 AND SUNSET PARK SUB. #4Housing and Urban Development whereby
The following schedule is hereby determinedfunding could be provided for the purposes of
to show each lot proposed to be assessed forcommunity education, community outreach,
the improvement shown in title together withand the provision of a Neighborhood Conflict
the amount proposed to be assessed againstResolution Program; and
each lot and the valuations shown oppositeWhereas, the Dubuque Human Rights
each lot are hereby fixed as the true valuationsCommission enunciates that the community
of such lots by the City Council of the City ofdemand for such education and outreach
Dubuque.activities is present; and
OWNERLOT DESCRIPTIONWhereas, the award of such a grant would
VAL. W. IMPROVEMENTimmensely enhance the ability of the Dubuque
TOTAL NET ASSESSMENTHuman Rights Commission to engage in
Regular Session, February 7, 199424
public education and outreach activities, asAND TRAFFIC, BY REPEALING
mandated by the Dubuque Code ofSECTION 32-366 AND ADOPTING NEW
Ordinances;SECTION 32-366 STATING THE
NOW, THEREFORE, BE IT RESOLVEDPURPOSE FOR PERMANENT PARKING
BY THE CITY COUNCIL OF THE CITY OFFOR DISABLED PERSONS; BY
DUBUQUE, IOWA:REPEALING SECTION 32-367 AND
Section 1. That the application for fundsADOPTING NEW SECTION 32-367
available through the Fair Housing InitiativesPROVIDING FOR PARKING FOR
Program be executed by the City Manager,DISABLED PERSONS; BY REPEALING
thereby making the Dubuque Human RightsSECTION 32-367.5 AND ADOPTING
Commission eligible for funds to engage inNEW SECTION 32-367.5 AUTHORIZING
community education, community outreach,THE CITY MANAGER TO DESIGNATE
and community mediation, in efforts to fulfillSPECIAL PARKING PLACES FOR
the mandate of that Commission, as stated inDISABLED PERSONS; BY REPEALING
the Dubuque Code of Ordinances. SECTION 32-368 AND ADOPTING NEW
Passed, approved and adopted this 7th daySECTION 32-368 DESIGNATING
of February, 1994.SPECIAL PARKING PLACE FOR
Terrance M. Duggan, MayorDISABLED PERSONS; BY REPEALING
Attest:SECTION 32-369 AND ADOPTING NEW
Mary A. Davis, City ClerkSECTION 32-369 SPECIFYING SIGNS
Council Member Voetberg moved adoptionFOR DISABLED PERSONS PARKING
of the Resolution. Seconded by CouncilPLACES; BY REPEALING SECTION 32-
Member Robbins. Carried by the following370 AND ADOPTING NEW SECTION 32-
vote: Yeas—Mayor Duggan, Council Members370 PROHIBITING USE OF DISABLED
Kluesner, Krieg, Nagle, Nicholson, Robbins,PERSONS PARKING PLACES OR
Voetberg. Nays—None.IDENTIFICATION DEVICES; BY
REPEALING SECTION 32-371(a) AND
Communication of City ManagerADOPTING NEW SECTION 32-371(a)
recommending awarding of a three-yearPROVIDING FOR TOWING OF
concession contract for Flora Poll and SuttonDISABLED PERSON PARKING PLACE
Pool to the only bidder, Bill Meyer, for $8,000PARKING VIOLATORS; BY
a year or 17% of gross sales, whichever isREPEALING SECTION 32-372
greater and authorizing execution of agreementPROVIDING HANDICAPPED PARKING
by the City Manager, presented and read.FOR NON-STATE RESIDENTS; BY
Council Member Robbins moved that theREPEALING SECTION 32-373(a) AND
communication be received and filed andADOPTING NEW SECTION 32-373(a)
approved contract. Seconded by CouncilESTABLISHING A BUSINESS DISTRICT
Member Nicholson. Carried by the followingFOR DISABLED PERSON PARKING; BY
vote: Yeas—Mayor Duggan, Council MembersREPEALING SECTION 32-374(a) AND
Kluesner, Krieg, Nagle, Nicholson, Robbins,ADOPTING NEW SECTION 32-374(a)
Voetberg. Nays—None.PROVIDING FOR TEMPORARY
DISABLED PERSON PARKING METER
Communication of City ManagerHOODS; BY REPEALING SECTION 32-
submitting an Ordinance which recommends374(b) AND ADOPTING NEW SECTION
making proposed revisions to the parking32-374(b) ESTABLISHING
ordinance so as to be consistent with theREQUIREMENTS FOR TEMPORARY
Zoning Ordinance and to make changes asDISABLED PERSON PARKING METER
recommended by the Citizens with DisabilitiesHOODS; BY REPEALING SECTION 32-
Parking Review Committee, presented and375 AND ADOPTING NEW SECTION 32-
read Council Member Voetberg moved that375 PROVIDING FOR RESERVED,
the communication be received and filed.TIME-DESIGNATED DISABLED
Seconded by Council Member Kluesner.PERSON PARKING STALLS; BY
Carried by the following vote: Yeas—MayorADOPTING NEW SECTION 32-376
Duggan, Council Members Kluesner, Krieg,PROVIDING FOR SPECIAL PREPAID
Nagle, Nicholson, Robbins, Voetberg.PARKING PERMITS FOR CERTAIN
Nays—None.WHEELCHAIR-DEPENDENT DISABLED
An Ordinance Amending Chapter 32 of thePERSONS; BY REPEALING SECTION
City Code by repealing certain Sections and32-382, UNNUMBERED PARAGRAPH
adopting new Sections, Defining DwellingDWELLING UNIT, AND ADOPTING
Unit, and relating to Parking for DisabledNEW SECTION 32-382, UNNUMBERED
Persons, presented and read.PARAGRAPH DWELLING UNIT,
DEFINING DWELLING UNIT.
(OFFICIAL PUBLICATION)NOW, THEREFORE, BE IT ORDAINED
ORDINANCE NO. 7-94BY THE CITY COUNCIL OF THE CITY OF
AN ORDINANCE AMENDING CHAPTERDUBUQUE, IOWA:
32 OF THE CITY OF DUBUQUE CODESection 1. The Code of Ordinances of the
OF ORDINANCES, MOTOR VEHICLESCity of Dubuque, Iowa is amended by
25Regular Session, February 7, 1994
repealing Section 32-366 and adopting newidentify each parking space with a disability
Section 32-366, in lieu thereof as follows:parking sign bearing the international symbol
Sec. 32-366. Purpose.of accessibility.
The purpose of this division is to establishSection 6. The Code of Ordinances of the
permanent parking for disabled persons.City of Dubuque, Iowa, is amended by
Section 2. The Code of Ordinances of therepealing Section 32-370 and adopting new
City of Dubuque, Iowa is amended bySection 32-370, in lieu thereof as follows:
repealing Section 32-367 and adopting newSec. 32-370. Prohibited use of parking
Section 32-367, in lieu thereof as follows:places or identification devices. The use of a
Sec. 32-367. Findings of fact.disabled person space, located on either public
The city council finds there is a need foror private property, by a motor vehicle not
permanent parking places for disabled personsdisplaying a special identification device issued
in order that various facilities and businessesby an official state or federal agency, or by a
and residences within the city will bemotor vehicle displaying such a device but not
accessible to, and be functional for, disabledbeing used by a disabled person, as operator or
persons.passenger, is prohibited and is a misdemeanor
Section 3. The Code of Ordinances of thefor which a fine may be imposed upon the
City of Dubuque, Iowa is amended byowner, operator or lessee of the motor vehicle.
repealing Section 32-367.5 and adopting newThe fine for each violation shall be fifty dollars
Section 32-367.5, in lieu thereof as follows:($50.00).
Sec. 32-367.5. Special parking placesSection 7. The Code of Ordinances of the
designated.City of Dubuque, Iowa, is amended by
The city manager is hereby authorized torepealing Section 32-371(a) and adopting new
designate such special parking places forSection 32-371(a), in lieu thereof as follows:
disabled persons as may be necessary to carry(a) Any motor vehicle located or parked in
out the provisions of this division.a special parking place designated for disabled
Section 4. The Code of Ordinances of thepersons in violation of section 32-370 may be
City of Dubuque, Iowa is amended bytowed or removed by or under the direction of
repealing Section 32-368 and adopting newthe police department.
Section 32-368, in lieu thereof as follows:Section 8. The Code of Ordinances of the
Sec. 32-368. Designation of parking placesCity of Dubuque, Iowa, is amended by
generally; specifications for angular parkingrepealing Section 32-372.
for disabled persons.Section 9. The Code of Ordinances of the
(a) Special parking places are hereby setCity of Dubuque, Iowa, is amended by
aside as special parking places for disabledrepealing Section 32-373(a) and adopting new
persons and shall be designated as specialSection 32-373(a), in lieu thereof as follows:
parking places only for parking motor vehicles(a) There is hereby established a business
displaying a special identification device issueddistrict, pursuant to Iowa Code Section
by an official state or federal agency.321L.5(4)(a), for the purpose of allocating
(b)Angular parking places designated fordisabled person parking spaces within said
disabled person parking shall have a parkingdistrict.
place width of at least eight (8) feet with anSection 10. The Code of Ordinances of the
additional adjacent access aisle of a minimumCity of Dubuque, Iowa, is amended by
five (5) feet in width to provide for access torepealing Section 32-374(a) and adopting new
and from the parking space by those disabledSection 32-374(a), in lieu thereof as follows:
persons who are confined to wheelchairs orSec. 32-374. Temporary disabled person
need the use of walkers or crutches forparking meter hoods.
mobility. Where such angular parking spaces(a) Temporary disabled person parking
are designated "Van Accessible", the width ofmeter hoods may be leased to churches and
the angular parking place shall be at least eightnonprofit organizations for services or events
(8) feet with an additional adjacent access aislein the parking meter district only, when
of a minimum eight (8) feet in width.additional temporary parking stalls are
Section 5. The Code of Ordinances of therequired to accommodate disabled parking
City of Dubuque, Iowa, is amended bypersons.
repealing Section 32-369 and adopting newSection 11. The Code of Ordinances of the
Section 32-369, in lieu thereof as follows: City of Dubuque, Iowa, is amended by
Sec. 32-369. Signs to be placed atrepealing Section 32-374(b) and adopting new
designated parking places indicating useSection 32-374(b), in lieu thereof as follows:
limitation.(b) Parking meter hoods shall be white in
(a) Parking spaces designated as specialcolor and be embossed with the international
parking places for disabled persons shall besymbol of accessibility signifying utilization by
identified with the disability parking signa disabled person parking patron only.
bearing the international symbol ofSection 12. The Code of Ordinances of the
accessibility.City of Dubuque, Iowa, is amended by
(b)Any person who owns or leases rentalrepealing Section 32-375 and adopting new
property in the city and is required to provideSection 32-375, in lieu thereof as follows:
disabled parking by the Iowa Code shall
Regular Session, February 7, 199426
Sec. 32-375. Reserved, time-designatedPublished officially in the Telegraph
disabled person parking stalls. Parking places
Herald newspaper this 17th day of February,
posted as reserved time-designated disabled1994.
person parking stalls shall be identified with a1t 2/17Mary A. Davis CMC, City Clerk
disability parking sign bearing theCouncil Member Voetberg moved that this
international symbol of accessibility and thebe considered the first reading of the
day and/or hours of the reserved disabled
Ordinance, and that the requirement that a
person parking.
proposed Ordinance be considered and voted
Section 13. The Code of Ordinances of theon for passage at two Council meetings prior
City of Dubuque, Iowa, is amended byto the meeting at which it is to be finally
adopting the following new Section 32-376:adopted be suspended and further moved final
Sec. 32-376. Special prepaid parkingadoption of the Ordinance. Seconded by
permits for specific wheelchair-dependent
Council Member Kluesner. Carried by the
disabled persons.
following vote: Yeas—Mayor Duggan, Council
(a) Special prepaid parking permits forMembers Kluesner, Krieg, Nagle, Nicholson,
specific wheelchair-dependent disabledRobbins, Voetberg. Nays—None.
persons shall be issued on an annual basis by
the parking division to specific wheelchair-RESOLUTION NO. 24-94
dependent disabled persons for use by such
NOW, THEREFORE, BE IT RESOLVED
persons for parking in the parking meter
BY THE CITY COUNCIL OF THE CITY OF
district.DUBUQUE, IOWA:
(b) The purpose of a special prepaidThat the following having complied with
parking permit is to provide short-term parkingthe provisions of law relating to the sale of
privileges to certain disabled persons. ParkingCigarettes within the City of Dubuque, Iowa,
pursuant to such permits shall be limited to a
be granted a permit to sell Cigarettes and
maximum of two (2) hours at a metered stall.Cigarette Papers within said City.
(c)A special prepaid parking permit shallCrazy Horse SaloonJerry Weaver
exempt the person to whom the permit isMy-Cap665 Dodge
issued from the provisions of this chapter,Take 5 CoffeehouseEric Adam
requiring the depositing of coins in a parking371 Bluff
meter at a metered stall where such person
Passed, approved and adopted this 7th day
parks a vehicle.of February 1994.
(d)A special prepaid parking permit shallTerrance M. Duggan, Mayor
be issued by the parking division upon theAttest:
filing with the division of a permit applicationMary A. Davis, City Clerk
and the payment of an annual fee, if theCouncil Member Nagle moved adoption of
applicant establishes the following:
the Resolution. Seconded by Council Member
(1) The applicant is a wheelchair-Robbins. Carried by the following vote:
dependent disabled person who is the operatorYeas—Mayor Duggan, Council Members
of a specially equipped van for wheelchair-Kluesner, Krieg, Nagle, Nicholson, Robbins,
dependent disabled persons;Voetberg. Nays—None.
(2) Such person cannot negotiate curbings
and/or curb cuts to reach parking meters;
RESOLUTION NO. 25-94
(3) Such person is not physically capableWhereas, applications for Beer Permits
of inserting coins into a parking meter andhave been submitted and filed to this Council
activating the parking meter handle; andfor approval and the same have been examined
(4) Such person cannot retrieve parkingand approved; and
tickets from the windshield of the vehicle.Whereas, the premises to be occupied by
Section 14. The Code of Ordinances of the
such applicants were inspected and found to
City of Dubuque, Iowa, is amended bycomply with the Ordinances of this City and
repealing Section 32-382, unnumberedhave filed proper bonds.
paragraph Dwelling unit, and adopting newNOW, THEREFORE, BE IT RESOLVED
Section 32-382, unnumbered paragraphBY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Dwelling unit, in lieu thereof as follows:
Dwelling unit shall mean a building orThat the Manager be authorized to cause to
portion of a building which is exclusivelybe issued the following named applicants a
arranged, occupied, or intended to be occupiedBeer Permit.
CLASS "C" BEER PERMIT
as living quarters for one family, but not
Chris McGheeCaddie Shack
including dwelling units in hotels, rooming
48 Main St.
houses, institutions, dormitories, or
convalescent or nursing homes.CLASS "BE" BEER PERMIT
Passed, approved, and adopted this 7th dayNash Finch CompanyEconofoods #471
of February, 1994.3355 JFK Circle
Passed, approved and adopted this 7th day
Terrance M. Duggan, Mayor
of February, 1994.
ATTEST:
Terrance M. Duggan, Mayor
Mary A. Davis, City Clerk
Attest:
27Regular Session, February 7, 1994
Mary A. Davis, City ClerkCommunication of Zoning Commission
Council Member Nagle moved adoption ofadvising of their approval to amend Section 5-
the Resolution. Seconded by Council Member3 of the Zoning Ordinance regarding Limited
Robbins. Carried by the following vote:Setback Waiver, presented and read. Council
Yeas—Mayor Duggan, Council MembersMember Voetberg moved that the
Kluesner, Krieg, Nagle, Nicholson, Robbins,communication be received and filed.
Voetberg. Nays—None.Seconded by Council Member Nagle. Carried
by the following vote: Yeas—Mayor Duggan,
RESOLUTION NO. 26-94Council Members Kluesner, Krieg, Nagle,
Whereas, applications for Liquor LicensesNicholson, Robbins, Voetberg. Nays—None.
have been submitted to this Council forAn Ordinance Amending Zoning Ordinance
approval and the same have been examinedby enacting a new Section 5-3.7(F) to allow a
and approved; andLimited Setback Waiver for Special
Whereas, the premises to be occupied byExceptions, presented and read. Council
such applicants were inspected and found toMember Voetberg moved that this be
comply with the State Law and all Cityconsidered the first reading of the Ordinance,
Ordinances relevant thereto and they have filedand that the requirement that a proposed
proper bonds.Ordinance be considered and voted on for
NOW, THEREFORE, BE IT RESOLVEDpassage at two Council meetings prior to the
BY THE CITY COUNCIL OF THE CITY OFmeeting at which it is to be finally adopted be
DUBUQUE, IOWA:suspended and further moved that a Public
That the Manager be authorized to cause toHearing be held on the Ordinance at the
be issued the following named applicantsCouncil Meeting of 2-21-94 at 7:30 p.m. in the
a Liquor License. Public Library Auditorium and that the City
CLASS "B" (HOTEL-MOTEL) BEER ANDClerk publish notice in the manner prescribed
LIQUOR LICENSEby law. Seconded by Council Member Nagle.
Dubuque Inn CorporationCarried by the following vote: Yeas—Mayor
Best Western Dubuque InnDuggan, Council Members Kluesner, Krieg,
3434 DodgeNagle, Nicholson, Robbins, Voetberg.
CLASS "C" (COMMERCIAL) BEER ANDNays—None.
LIQUOR LICENSE
Crazy Horse Saloon, Ltd.Communication of City Manager
Crazy Horse Saloonsubmitting documents to initiate a project to
665 Dodgeremove silt from the 32nd Street Detention
James W. GoetzingerGoetz'sBasin, presented and read. Council Member
2776 JacksonKrieg moved that the communication be
Wheel House, Inc.Wheel Housereceived and filed. Seconded by Council
1630 W. 16thMember Kluesner. Carried by the following
Passed, approved and adopted this 7th dayvote: Yeas—Mayor Duggan, Council Members
of February, 1994.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Terrance M. Duggan, MayorVoetberg. Nays—None.
Attest:
Mary A. Davis, City ClerkRESOLUTION NO. 27-94
Council Member Nagle moved adoption ofPRELIMINARY APPROVAL OF
the Resolution. Seconded by Council MemberPLANS AND SPECIFICATIONS
Robbins. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED
Yeas—Mayor Duggan, Council MembersBY THE CITY COUNCIL OF THE CITY OF
Kluesner, Krieg, Nagle, Nicholson, Robbins,DUBUQUE, IOWA:
Voetberg. Nays—None.That the proposed plans, specifications,
form of contract and estimated cost for the
Removal of Silt from 32nd Street Detention
Communication of City ManagerBasin, in the estimated amount of $50,600.00,
recommending a public hearing be set forare hereby approved and ordered filed in the
March 7, 1994 on a voluntary annexation ofoffice of the City Clerk for public inspection.
2.7 acres of City-owned land on the NorthwestPassed, adopted and approved this 7th day
Arterial Right-of-Way, presented and read.of February, 1994.
Council Member Voetberg moved that theTerrance M. Duggan, Mayor
communication be received and filed and setAttest:
for Public Hearing on 3-7-94 at 7:30 p.m. andMary A. Davis, City Clerk
that the City Clerk to publish notice in theCouncil Member Krieg moved adoption of
manner prescribed by law. Seconded bythe Resolution. Seconded by Council Member
Council Member Kluesner. Carried by theKluesner. Carried by the following vote:
following vote: Yeas—Mayor Duggan, CouncilYeas—Mayor Duggan, Council Members
Members Kluesner, Krieg, Nagle, Nicholson,Kluesner, Krieg, Nagle, Nicholson, Robbins,
Robbins, Voetberg. Nays—None.Voetberg. Nays—None.
RESOLUTION NO. 28-94
Regular Session, February 7, 199428
FIXING DATE OF HEARING ONPassed, adopted and approved this 7th day
PLANS AND SPECIFICATIONSof February, 1994.
Whereas, the City Council of the City ofTerrance M. Duggan, Mayor
Dubuque, Iowa has given its preliminaryAttest:
approval on the proposed plans, specifications,Mary A. Davis, City Clerk
and form of contract and placed same on file inCouncil Member Krieg moved adoption of
the office of the City Clerk for publicthe Resolution. Seconded by Council Member
inspection of the Removal of Silt from 32ndKluesner. Carried by the following vote:
Street Detention Basin.Yeas—Mayor Duggan, Council Members
NOW THEREFORE, BE IT RESOLVEDKluesner, Krieg, Nagle, Nicholson, Robbins,
BY THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None.
DUBUQUE, IOWA:
That on the 21st day of February, 1994, aCommunication of City Manager
public hearing will be held at 7:30 p.m. in thesubmitting documents to initiate the Curtis
Public Library Auditorium at which timeStreet Sanitary Sewer Repair Project,
interested persons may appear and be heardpresented and read. Council Member Krieg
for or against the proposed plans andmoved that the communication be received and
specifications, form of contract and cost offiled. Seconded by Council Member Nagle.
said improvement, and the City Clerk be andCarried by the following vote: Yeas—Mayor
is hereby directed to cause a notice of time andDuggan, Council Members Kluesner, Krieg,
place of such hearing to be published in aNagle, Nicholson, Robbins, Voetberg.
newspaper having general circulation in theNays—None.
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twentyRESOLUTION NO. 30-94
days prior to the day fixed for itsPRELIMINARY APPROVAL OF
consideration. At the hearing, any interestedPLANS AND SPECIFICATIONS
person may appear and file objections to theNOW THEREFORE, BE IT RESOLVED
proposed plans, specifications, contract, orBY THE CITY COUNCIL OF THE CITY OF
estimated cost of the improvement.DUBUQUE, IOWA:
Passed, adopted and approved this 7th dayThat the proposed plans, specifications,
of February, 1994.form of contract and estimated cost for the
Terrance M. Duggan, MayorCurtis Street Sanitary Sewer Repair Project, in
Attest:the estimated amount of $62,857.03, are
Mary A. Davis, City Clerkhereby approved and ordered filed in the office
Council Member Krieg moved adoption ofof the City Clerk for public inspection.
the Resolution. Seconded by Council MemberPassed, adopted and approved this 7th day
Kluesner. Carried by the following vote:of February, 1994.
Yeas—Mayor Duggan, Council MembersTerrance M. Duggan, Mayor
Kluesner, Krieg, Nagle, Nicholson, Robbins,Attest:
Voetberg. Nays—None.Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
RESOLUTION NO. 29-94the Resolution. Seconded by Council Member
ORDERING BIDSNagle. Carried by the following vote:
NOW THEREFORE, BE IT RESOLVEDYeas—Mayor Duggan, Council Members
BY THE COUNCIL OF THE CITY OFKluesner, Krieg, Nagle, Nicholson, Robbins,
DUBUQUE, IOWA:Voetberg. Nays—None.
That the Removal of Silt from 32nd Street
Detention Basin is hereby ordered to beRESOLUTION NO. 31-94
advertised for bids for construction.FIXING DATE OF HEARING ON
BE IT FURTHER RESOLVED, that thePLANS AND SPECIFICATIONS
amount of the security to accompany each bidWhereas, the City Council of the City of
shall be in an amount which shall conform toDubuque, Iowa has given its preliminary
the provisions of the notice to bidders herebyapproval on the proposed plans, specifications,
approved as a part of the plans andand form of contract and placed same on file in
specifications heretofore adopted.the office of the City Clerk for public
That the City Clerk is hereby directed toinspection of the Curtis Street Sanitary Sewer
advertise for bids for the construction of theRepair Project.
improvements herein provided, to be publishedNOW THEREFORE, BE IT RESOLVED
in a newspaper having general circulation inBY THE CITY COUNCIL OF THE CITY OF
the City of Dubuque, Iowa, which notice shallDUBUQUE, IOWA:
not be less than four days nor more thanThat on the 7th day of March, 1994, a
twenty days prior to the receipt of said bids atpublic hearing will be held at 7:30 p.m. in the
2:00 p.m. on the 15th day of February, 1994.Public Library Auditorium at which time
Bids shall be opened and read by the Cityinterested persons may appear and be heard
Clerk at said time and will be submitted to thefor or against the proposed plans and
Council for final action at 7:30 p.m. on thespecifications, form of contract and cost of
21st day of February, 1994.said improvement, and the City Clerk be and
29Regular Session, February 7, 1994
is hereby directed to cause a notice of time andSeconded by Council Member Krieg. Carried
place of such hearing to be published in aby the following vote: Yeas—Mayor Duggan,
newspaper having general circulation in theCouncil Members Kluesner, Krieg, Nagle,
City of Dubuque, Iowa, which notice shall beNicholson, Robbins, Voetberg. Nays—None.
not less than four days nor more than twenty
days prior to the day fixed for itsRESOLUTION NO. 33-94
consideration. At the hearing, any interestedRESOLUTION OF INTENTION TO
person may appear and file objections to theDISPOSE OF CITY-OWNED PROPERTY,
proposed plans, specifications, contract, orSPECIFICALLY, LOT FOUR (4) OF THE
estimated cost of the improvement.SUBDIVISION OF LOT THREE (3) IN
Passed, adopted and approved this 7th dayGIGER'S SUBDIVISION, IN THE CITY
of February, 1994.OF DUBUQUE, IOWA, ACCORDING TO
Terrance M. Duggan, MayorTHE RECORDED PLAT THEREOF.
Attest:(ALSO DESCRIBED AS LOT FOUR (4)
Mary A. Davis, City ClerkOF THE SUBDIVISION OF LOT THREE
Council Member Krieg moved adoption of(3) IN GIEGERS SUBDIVISION AND
the Resolution. Seconded by Council MemberGEIGERS SUBDIVISION IN THE CITY
Nagle. Carried by the following vote:OF DUBUQUE, IOWA, ACCORDING TO
Yeas—Mayor Duggan, Council MembersTHE RECORDED PLAT THEREOF.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Whereas, the City of Dubuque has
Voetberg. Nays—None.purchased certain real property through a
foreclosure sale, in protection of a Rental
RESOLUTION NO. 32-94Rehabilitation Program mortgage; and
ORDERING BIDSWhereas, the City has published a listing
NOW THEREFORE, BE IT RESOLVEDfor sale of this property and received a
BY THE COUNCIL OF THE CITY OFqualifying offer; and
DUBUQUE, IOWA:Whereas, by accepting the selected offer the
That the Curtis Street Sanitary SewerCity's objectives of recovery of its investment
Repair Project is hereby ordered to beand continued residence for lower-income
advertised for bids for construction.families can be realized;
BE IT FURTHER RESOLVED, that theNOW, THEREFORE, BE IT RESOLVED
amount of the security to accompany each bidBY THE CITY COUNCIL OF THE CITY OF
shall be in an amount which shall conform toDUBUQUE, IOWA:
the provisions of the notice to bidders herebySection 1. That the City of Dubuque, Iowa,
approved as a part of the plans andintends to dispose of its interest in the
specifications heretofore adopted.following legally-described property:
That the City Clerk is hereby directed toLot Four (4) of the Subdivision of Lot
advertise for bids for the construction of theThree (3) in Giger's Subdivision, in the City
improvements herein provided, to be publishedof Dubuque, Iowa, according to the
in a newspaper having general circulation inrecorded plat thereof. (Also described as
the City of Dubuque, Iowa, which notice shallLot Four (4) of the Subdivision of Lot
not be less than four days nor more thanThree (3) in Giegers Subdivision and
twenty days prior to the receipt of said bids atGeigers Subdivision in the City of
2:00 p.m. on the 24th day of February, 1994.Dubuque, Iowa, according to the recorded
Bids shall be opened and read by the Cityplat thereof.
Clerk at said time and will be submitted to theSection 2. That the City of Dubuque, Iowa,
Council for final action at 7:30 p.m. on the 7thproposes to dispose of its interest in the above
day of March, 1994.described real estate to Jerry and Cathleen
Passed, adopted and approved this 7th dayGrutz for the sum of $119,000.00.
of February, 1994.Section 3. That the City Council meet in the
Terrance M. Duggan, MayorCarnegie Stout Public Library Auditorium,
Attest:11th and Bluff Streets, Dubuque, Iowa, at 7:30
Mary A. Davis, City Clerkp.m. on the 21st of February 1994, for the
Council Member Krieg moved adoption ofpurpose of holding a public hearing and taking
the Resolution. Seconded by Council Memberfinal action on the disposition of the above
Nagle. Carried by the following vote:described real estate in the City of Dubuque,
Yeas—Mayor Duggan, Council MembersIowa.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 4. That the City Clerk be and she is
Voetberg. Nays—None.hereby authorized and directed to cause a
notice of such public hearing and the City
Communication of City ManagerCouncil's intent to dispose of such property to
submitting documents initiating disposing ofbe published as prescribed under Iowa Code
City property at 2534-36 Windsor Ave. andSection 364.7.
setting the Public Hearing on the proposed salePassed, approved and adopted this 7th day
for 2-21-94, presented and read. Councilof February, 1994.
Member Kluesner moved that theTerrance M. Duggan, Mayor
communication be received and filed.Attest:
Regular Session, February 7, 199430
Mary A. Davis, City Clerkdescribed real estate in the City of Dubuque,
Council Member Kluesner moved adoptionIowa.
of the Resolution and set it for Public HearingSection 4. That the City Clerk be and she
for 2-21-94 at 7:30 p.m. in the Public Libraryis hereby authorized and directed to cause a
Auditorium and that City Clerk publish noticenotice of such public hearing and the City
in the manner prescribed by law. Seconded byCouncil's intent to dispose of such property to
Council Member Krieg. Carried by thebe published as prescribed under Iowa Code
following vote: Yeas—Mayor Duggan, CouncilSection 364.7.
Members Kluesner, Krieg, Nagle, Nicholson,Passed, approved and adopted this 7th day
Robbins, Voetberg. Nays—None.of February, 1994.
Terrance M. Duggan, Mayor
Communication of City ManagerAttest:
submitting documents initiating disposing ofMary A. Davis, City Clerk
city property, a DREAMS Home, at 683Council Member Voetberg moved adoption
Angella St. and setting the Public Hearing onof the Resolution and further set the matter for
the proposed sale for 2-21-94, presented andPublic Hearing on 2-21-94 at 7:30 p.m. in the
read. Council Member Voetberg moved thatPublic Library Auditorium and that the City
the communication be received and filed.Clerk publish notice in the manner prescribed
Seconded by Council Member Nagle. Carriedby law. Seconded by Council Member Nagle.
by the following vote: Yeas—Mayor Duggan,Carried by the following vote: Yeas—Mayor
Council Members Kluesner, Krieg, Nagle,Duggan, Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg. Nays—None.Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
RESOLUTION NO. 34-94
RESOLUTION OF INTENTION TOInvestment Oversight Commission
DISPOSE OF CITY-OWNEDsubmitting their Quarterly Report through
PROPERTY, SPECIFICALLY, THEDecember 31, 1993, presented and read.
EASTERLY THIRTY-EIGHT FEETCouncil Member Voetberg moved that the
(E38') LOT TWENTY (20) OFreport be received and filed. Seconded by
QUIGLEY'S SUBDIVISION OF OUTCouncil Member Nagle. Carried by the
LOTS 712 AND 711 IN THE CITY OFfollowing vote: Yeas—Mayor Duggan, Council
DUBUQUE, COUNTY OF DUBUQUE,Members Kluesner, Krieg, Nagle, Nicholson,
IOWA, ACCORDING TO THERobbins, Voetberg. Nays—None.
RECORDED PLAT THEREOF.
Whereas, the City of Dubuque hasMINUTES SUBMITTED -- Cable TV
purchased certain real property for a familyRegulatory Commission of 1-12; Cable
participating in the DREAMS Program; Community Teleprogramming Commission of
Whereas, the City has received an offer to1-11; City Council/Long Range Planning
purchase this property from a qualifyingCommission of 1-10 & 1-24; Five Flags
family; andCommission of 12-20 & 1-17: Housing
Whereas, by accepting the selected offer theCommission of 1-11; Human Rights
City's objectives of providing first-timeCommission of 12-13; Investment Oversight
homeownership to a moderate-income buyerCommission of 1-15; Library Board of
and rehabilitation of an abandoned home canTrustees of 1-27; Park & Recreation
be realized;Commission of 1-11, presented and read.
NOW, THEREFORE, BE IT RESOLVEDCouncil Member Voetberg moved that the
BY THE CITY COUNCIL OF THE CITY OFminutes be received and filed. Seconded by
DUBUQUE, IOWA:Council Member Nagle. Carried by the
Section 1. That the City of Dubuque, Iowa,following vote: Yeas—Mayor Duggan, Council
intends to dispose of its interest in theMembers Kluesner, Krieg, Nagle, Nicholson,
following legally-described property:Robbins, Voetberg. Nays—None.
The Easterly Thirty-Eight Feet (38') of Lot
Twenty (20) of Quigley's Subdivision ofNOTICES OF CLAIMS/SUITS -- Paula
Out Lots 712 and 711 in the City ofBaker in unknown amount for vehicle
Dubuque, County of Dubuque, Iowa,damages; Bruce Clark in amount of $601.20
according to the recorded plat thereof.for vehicle damages; Susan Dall in amount of
Section 2. That the City of Dubuque, Iowa,$4,383.21 for personal injuries; Shirley A.
proposes to dispose of its interest in the aboveEppler in unknown amount for personal
described real estate to James M. and Melissainjuries; Gerald R. Foht in amount of $225.55
A. Holz for the sum of $1,785.00.for vehicle damages; JoAnne M. Huss in est.
Section 3. That the City Council meet inamt. of $1417.23 for vehicle damages; Richard
the Carnegie Stout Public Library Auditorium,Roepsch in amount of $36.57 for vehicle
11th and Bluff Streets, Dubuque, Iowa, at 7:30damages; Julie R. Schmidt in amount of
p.m. on the 21st of February 1994, for the$476.09 plus rental car fee, for vehicle
purpose of holding a public hearing and takingdamages; Shirley A. Straka in amount of
final action on the disposition of the above$70.00 for personal property losses; William
Howard Zimmerman in unknown total amount
31Regular Session, February 7, 1994
for personal injuries, presented and read. A RESOLUTION OF DETERMINATION
Council Member Voetberg moved that theSUPPORTING THE NOMINATION OF
claims and suits be referred to the Legal StaffTHE BISHOP'S BLOCK, 90 WEST MAIN
for investigation and report. Seconded bySTREET, DUBUQUE, IOWA TO THE
Council Member Nagle. Carried by theNATIONAL REGISTER OF HISTORIC
following vote: Yeas—Mayor Duggan, CouncilPLACES
Members Kluesner, Krieg, Nagle, Nicholson,Whereas, the City of Dubuque, in its
Robbins, Voetberg. Nays—None.capacity as a Certified Local Government, has
reviewed the nomination of the Bishop's Block
Communications of Corporation Counselto determine if the property meets the
recommending settlement of truck damageeligibility criteria established by the Secretary
claim of Richard Roepsch in amount of $36.57of the Interior for placement on the National
and settlement of vehicle damage claim ofRegister of Historic Places; and
TFM Company in amount of $273.00,Whereas, the City Council concurs with the
presented and read. Council MemberHistoric Preservation Commission's
Voetberg moved that the communication bedetermination that the Bishop's Block is an
received and filed and settlements approvedexcellent example of commercial Victorian
with the Finance Director to issue properRomanesque architecture, illustrative of the
checks. Seconded by Council Member Nagle.work of Dubuque architect Franklin D. Hyde,
Carried by the following vote: Yeas—Mayorand as such meets the eligibility Criteria C
Duggan, Council Members Kluesner, Krieg,established by the Secretary of the Interior.
Nagle, Nicholson, Robbins, Voetberg.NOW, THEREFORE, BE IT RESOLVED
Nays—None.BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Communications of Corporation CounselSection 1. That the City Council of the City
recommending denial of vehicle damage claimof Dubuque supports the nomination of the
of The Bike Shack and car damage claim ofBishop's Block to the National Register of
Theodore Richardson, presented and read.Historic Places.
Council Member Voetberg moved that theSection 2. That the Mayor is directed to
communications be received and filed andexecute the attached CLG National Register
approved recommended denial. Seconded byReview form and to submit the City Council's
Council Member Nagle. Carried by therecommendation to the State Nominations
following vote: Yeas—Mayor Duggan, CouncilReview Committee of the State Historical
Members Kluesner, Krieg, Nagle, Nicholson,Society of Iowa for consideration.
Robbins, Voetberg. Nays—None.Passed, approved and adopted this 7th day
of February, 1994.
Communication of City ManagerTerrance M. Duggan, Mayor
recommending that the City advocate, throughAttest:
the Iowa League of Municipalities and directMary A. Davis, City Clerk
contact with area legislators, changes to theCouncil Member Voetberg moved adoption
Iowa Code to include city and countyof the Resolution. Seconded by Council
governments in the definition of "publicMember Nagle. Carried by the following vote:
agency" and which would permit thoseYeas—Mayor Duggan, Council Members
governments to use the Fiberoptic IowaKluesner, Krieg, Nagle, Nicholson, Robbins,
Communications Network for transmission onVoetberg. Nays—None.
terms similar to those for state government and
educational institutions, presented and read.Petition of Ron Smith requesting a 180 day
Council Member Voetberg moved that theextension for providing necessary security
communications be received and filed. required when filing final plat of Loras Place
Seconded by Council Member Nagle. Carriedand communication of City Manager
by the following vote: Yeas—Mayor Duggan,recommending approval of 180 day extension
Council Members Kluesner, Krieg, Nagle,for security bonding for Loras Estates
Nicholson, Robbins, Voetberg. Nays—None.Subdivision, presented and read. Council
Member Voetberg moved that the petition and
Communication of City Managercommunication be received and filed.
concurring with the State Historical Society ofSeconded by Council Member Nagle. Carried
Iowa to place the Bishop's Block Building onby the following vote: Yeas—Mayor Duggan,
the National Register of Historical Places,Council Members Kluesner, Krieg, Nagle,
presented and read. Council MemberNicholson, Robbins, Voetberg. Nays—None.
Voetberg moved that the communication be
received and filed. Seconded by CouncilRESOLUTION NO. 36-94
Member Nagle. Carried by the following vote:A RESOLUTION RESCINDING
Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 244-93 AND
Kluesner, Krieg, Nagle, Nicholson, Robbins,REAFFIRMING THE FINAL PLAT OF
Voetberg. Nays—None.LORAS ESTATES IN THE CITY OF
DUBUQUE, IOWA.
RESOLUTION NO. 35-94
Regular Session, February 7, 199432
Whereas, there has been filed with the Cityaccordance with the construction
Clerk, a final plat of Loras Estates in the Cityimprovement plans approved by the
of Dubuque, Iowa; andCity Engineer and inspected by the
Whereas, upon said final plat appearsCity Engineer.
certain public utility easements which thec.To provide perpetual maintenance for
owners, by said plat, have dedicated to theall detention areas and erosion control
public forever; anddevices at the sole expense of the
Whereas, upon said final plat appeared aowners, Ron and Jan Smith, or
certain private street to be owned by andsuccessors as assigned.
maintained to City standards at the soled.To provide the foregoing construction
expense of the owners or their successors asand maintenance of all said
assigned; andimprovements at the sole expense of
Whereas, said final plat has been examinedthe owners, Ron and Jan Smith, or
by the Zoning Commission and had itstheir successors as assigned.
approval endorsed thereon, subject to thee.To construct said improvements within
owners agreeing to certain conditions set forthone (1) year from the date of adoption
in the original approval of said plat; andof this resolution by the City of
Whereas, said final plat was examined byDubuque, Iowa.
the City Council and the City Council foundf.Sidewalks shall be provided adjoining
that it conformed with the statutes andthe street.
ordinances relating thereto, except that theg.All improvements of said property
drive grades have not been established, norconform to the conceptual
had all driveways been brought to grade anddevelopment plan of Loras Estates' PR
not all the paving installed; andPlanned Residential District or its
Whereas, the City Council concurred in theamendments as approved by the
conditions of approval established by theDubuque City Council by Ordinance
Zoning Commission; andNo. 56-92.
Whereas, the City Council in ResolutionSection 4. That Ron and Jan Smith, as
No. 244-93, on August 2, 1993, has reaffirmedowners, shall secure the foregoing conditions
the approval of the final plat of Loras Estates;by providing security in such form and with
andsuch surety as may be approved by the City
Whereas, the City Council concurs in theManager.
conditions of approval established in theSection 5. That in the event Ron and Jan
previous approval.Smith, as owners, fail to execute the
NOW THEREFORE, BE IT RESOLVEDacceptance and furnish the security provided
BY THE CITY COUNCIL OF THE CITY OFfor in Section 4 within 180 days from the date
DUBUQUE, IOWA:of this resolution, the provision hereof shall be
Section 1. That the final plat of Lorasnull and void and the acceptance of the
Estates, as set forth in Resolution No. 244-93,dedication and approval of the final plat shall
is hereby rescinded.not be effective.
Section 2. That the easement for publicPassed, approved and adopted this 7th day
utilities, sewer and water, as they appear uponof February, 1994.
said final plat, be and the same is herebyTerrance M. Duggan, Mayor
accepted.Attest:
Section 3. The approval of the final plat ofMary A. Davis, City Clerk
Loras Estates in the City of Dubuque, Iowa, isACCEPTANCE OF RESOLUTION NO. 36-
hereby reaffirmed and the Mayor and City94
Clerk are hereby authorized and directed toWe, the undersigned, Ron and Jan Smith,
endorse the approval of the City of Dubuque,having read the terms and conditions of the
Iowa, upon said final plat, provided the ownersResolution No. 36-94 and being familiar with
of said property herein named execute theirthe conditions thereof, hereby accept this same
written acceptance hereto attached agreeing:and agree to the conditions required therein.
a.To reduce Justin Lane to grade and toDated in Dubuque, Iowa this day of
hard surface the street of Loras Estates , 1994.
with bituminous concrete or withNOT SIGNED AS OF AUGUST 1, 1994.
concrete paving, all in accordance withBy
the approved plans on file in the OfficeRon Smith
of the City Engineer, City of Dubuque,By
Iowa.Jan Smith
b.To install sanitary sewer mains andCouncil Member Voetberg moved adoption
sewer service laterals into eachof the Resolution. Seconded by Council
individual lot, water mains and waterMember Nagle. Carried by the following
service laterals into each individual lot,vote: Yeas—Mayor Duggan, Council Members
storm sewers and catch basins, andKluesner, Krieg, Nagle, Nicholson, Robbins,
erosion control devices, all inVoetberg. Nays—None.
accordance with the City of Dubuque
standard specifications and in
33Regular Session, February 7, 1994
Communication of City ManagerMember Nagle. Carried by the following vote:
authorizing publication of Notice ofYeas—Mayor Duggan, Council Members
Environmental Findings and Request forKluesner, Krieg, Nagle, Nicholson, Robbins,
Release of Funds for the CommunityVoetberg. Nays—None.
Development Block Grant (CDBG) Flood
Disaster Relief Project, presented and read. Communication of Zoning Commission
Council Member Voetberg moved that theapproving final plat of property in Ward
communication be received and filed.Commercial located West of McDonald Drive
Seconded by Council Member Nagle. Carriedat the Northeast corner of Highway 20 and the
by the following vote: Yeas—Mayor Duggan,Northwest Arterial, presented and read.
Council Members Kluesner, Krieg, Nagle,Council Member Voetberg moved that the
Nicholson, Robbins, Voetberg. Nays—None.communication be received and filed.
Seconded by Council Member Nagle. Carried
RESOLUTION NO. 37-94by the following vote: Yeas—Mayor Duggan,
RESOLUTION AUTHORIZINGCouncil Members Kluesner, Krieg, Nagle,
PUBLICATION OF NOTICE OFNicholson, Robbins, Voetberg. Nays—None.
ENVIRONMENTAL REVIEW FINDING
AND REQUEST FOR RELEASE OFRESOLUTION NO. 38-94
FUNDS FOR THE COMMUNITYA RESOLUTION APPROVING THE
DEVELOPMENT BLOCK GRANTFINAL PLAT OF LOTS 1-2 INCLUSIVE
FLOOD DISASTER RELIEF PROJECTAND LOT A OF WARD COMMERCIAL
Whereas, the City of Dubuque has enteredIN THE CITY OF DUBUQUE, IOWA.
into a Grant Agreement commencingWhereas, there has been filed with the City
December 8, 1993, with the U.S. DepartmentClerk a final plat of Lots 1-2 inclusive and Lot
of Housing and Urban Development, providingA of Ward Commercial in the City of
for financial assistance to the City under theDubuque, Iowa; and
Community Development Block Grant FloodWhereas, upon said final plat appears a
Disaster Relief Program; andstreet to be known as McDonald Drive,
Whereas, pursuant to the rules andtogether with certain public utility and sanitary
regulations as promulgated by the U.S.and storm sewer easements which the Owner
Department of Housing and Urbanby said final plat has dedicated to the public
Development, an environmental review hasforever; and
been processed for the hereinafter describedWhereas, said final plat has been examined
project proposed to be financed withby the Zoning Commission and had its
Community Development Block Grant Funds;approval endorsed thereon subject to the
andowner agreeing to the conditions noted in
Whereas, on January 21, 1994, after dueSection 2 below; and
consideration, a determination was made byWhereas, said final plat has been examined
the Community and Economic Developmentby the City Council and they find that it
Department that the project is not a majorconforms to the statutes and ordinances
federal action significantly affecting the qualityrelating to it, except that no streets or public
of the human environment.utilities have yet been constructed or installed;
NOW, THEREFORE, BE IT RESOLVEDand
BY THE CITY COUNCIL OF THE CITY OFWhereas, the City Council concurs in the
DUBUQUE, IOWA:conditions of approval established by the
Section 1. That the City Clerk be and sheZoning Commission.
is hereby authorized and directed to publish aNOW, THEREFORE, BE IT RESOLVED
Notice of Finding of No Significant Effect onBY THE CITY COUNCIL OF THE CITY OF
the Environment and Request for Release ofDUBUQUE, IOWA:
Funds for the project, and to make theSection 1. That the dedication of
Environmental Review Record for said projectMcDonald Drive, also known as Lot A of
available for public inspection. Such noticeWard Commercial together with the easements
shall be in the form of Exhibit "A" attachedfor public utilities, sanitary sewer, storm sewer
hereto and made a part hereof.and water mains as they appear upon said final
Section 2. That the City of Dubuqueplat, be and the same are hereby accepted; and
hereby declares its intent to submit a request toSection 2. That the plat of Lots 1-2
the U.S. Department of Housing and Urbaninclusive and Lot A of Ward Commercial is
Development for release of funds to undertakehereby approved and the Mayor and City
the above mentioned project on February 8,Clerk are hereby authorized and directed to
1994.endorse the approval of the City of Dubuque,
Passed, approved and adopted this 7th dayIowa, upon said final plat, provided the owner
of February, 1994.of said property herein named, executes his
Terrance M. Duggan, Mayorwritten acceptance hereto attached agreeing:
Attest:a.To reduce McDonald Drive to grade
Mary A. Davis, City Clerkand to construct concrete curb and
Council Member Voetberg moved adoptiongutter and to hard surface with
of the Resolution. Seconded by Councilasphaltic concrete, or with concrete
Regular Session, February 7, 199434
paving with integral curb, all inand void and the acceptance of the dedication
accordance with the City of Dubuqueand approval the plat shall not be effective.
standard specifications; all in a mannerPassed, approved and adopted this 7th day
acceptable to the City Engineer and inof February, 1994.
conformance with constructionTerrance M. Duggan, Mayor
improvement plans approved by theAttest:
City Engineer.Mary A. Davis, City Clerk
b.To install sanitary sewer mains andAcceptance of Resolution No. 38-94
sewer service laterals into eachI, the undersigned, John Ward, having read
individual lot, water mains and waterthe terms and conditions of the Resolution No.
service laterals into each individual lot,38-94 and being familiar with the conditions
storm sewers and catch basins,thereof, hereby accept this same and agree to
boulevard street lighting and erosionthe conditions required therein.
control devices all in accordance withNOT SIGNED AS OF NOVEMBER 1,
the City of Dubuque standard1994
specifications and in accordance withCouncil Member Voetberg moved adoption
construction improvement plansof the Resolution. Seconded by Council
approved by the City Engineer, andMember Nagle. Carried by the following vote:
inspected by the City Engineer.Yeas—Mayor Duggan, Council Members
c.To construct said improvements,Kluesner, Krieg, Nagle, Nicholson, Voetberg.
except sidewalks, prior to two yearsNays—None.
from the date of acceptance of this
resolution, at the sole expense of theCommunication of City Manager
subdivider, as owner, or future owner;recommending acceptance of the dedication of
d.To maintain the public improvements,Lot A of Wal-Mart Subdivision, presented and
except sidewalks, for a period of tworead. Council Member Voetberg moved that
(2) from the date of the acceptance ofthe communication be received and filed..
those improvements by the City ofSeconded by Council Member Nagle. Carried
Dubuque, Iowa, at the sole expense ofby the following vote: Yeas—Mayor Duggan,
the subdivider, as owner, or futureCouncil Members Kluesner, Krieg, Nagle,
owner;Nicholson, Robbins, Voetberg. Nays—None.
e.To construct sidewalks in accordance
with the requirements of Section 42-
24(e) of the City Code, specifically:
Sidewalk installation shall be the
responsibility of the owner of the
property abutting the public right-of-
way. The responsibility shall extend to
all successors, heirs and assignees.
Sidewalk installation will not be
required until the development of the
lot has been completed, except as
required herein. In sparsely developed
subdivisions, sidewalks on developed
lots will not be required until 50% of
the lots approved by the plat have been
developed. All vacant lots shall have
sidewalks installed upon development
of 80% of the lots approved by the
plat.
f.To install temporary cul-de-sac(s) at
the west line of Lot 1 of Ward
Commercial, as shown on the
approved construction improvement
plans.
And further provided that said John Ward,
as owner of said property, shall secure the
performance of the foregoing conditions
provided in Section 2 by providing security in
such form and with such sureties as may be
acceptable to the City Manager of the City of
Dubuque, Iowa.
Section 3. That in the event John Ward
shall fail to execute the acceptance and furnish
the security provided in Section 2 hereof
within forty-five (45) days after the date of the
Resolution, the provisions hereof shall be null
35Regular Session, February 7, 1994
RESOLUTION NO. 39-94in association with the planned reconstruction
A RESOLUTION RESCINDINGof the eastbound U.S. 20 bridge at Catfish
RESOLUTION NO. 196-93 ANDCreek, presented and read. Council Member
REAFFIRMING THE FINAL PLAT OFVoetberg moved that the communication be
LOT 1, 2 AND 3 AND LOT A OF WAL-received and filed. Seconded by Council
MART SUBDIVISION IN THE CITY OFMember Nagle. Carried by the following vote:
DUBUQUE, IOWA.Yeas—Mayor Duggan, Council Members
Whereas, there has been filed with the CityKluesner, Krieg, Nagle, Nicholson, Robbins,
Clerk a final plat of Lot 1, 2 and 3 and Lot AVoetberg. Nays—None.
of Wal-Mart Subdivision in the City of
Dubuque, Iowa; andRESOLUTION NO. 40-94
Whereas, said final plat has been approvedRESOLUTION APPROVING
by Resolution No. 196-93 on June 21, 1993;PRECONSTRUCTION AGREEMENT
andWITH THE IOWA DEPARTMENT OF
Whereas, said final plat contains a portionTRANSPORTATION RELATING TO
of public right-of-way known as Lot A, whichTHE CONSTRUCTION OF MEDIAN
the owner has dedicated to the public.CROSSOVERS ON U.S. 20 NEAR THE
NOW THEREFORE, BE IT RESOLVEDMIDDLE FORK OF CATFISH CREEK
BY THE CITY COUNCIL OF THE CITY OFWhereas, the Iowa Department of
DUBUQUE, IOWA:Transportation is developing plans for the
Section 1. That Resolution No. 196-93 isreconstruction of the eastbound U.S. Highway
hereby rescinded.20 bridge at Catfish Creek; and
Section 2. That the final plat is herebyWhereas, the Iowa Department of
reaffirmed of Lot 1, 2 and 3 and Lot A of Wal-Transportation is proposing to construct
Mart Subdivision, and is hereby approved, andmedian crossovers approximately 800 feet
the Mayor and City Clerk are herebywest and 1,000 feet east of the middle fork of
authorized and directed to endorse approval ofCatfish Creek, for the purpose of staging
the City of Dubuque, Iowa, upon said finaltraffic control during the reconstruction of said
plat.bridge; and
Section 3. That Lot A is hereby acceptedWhereas, the City of Dubuque approves the
by the City Council as public right-of-way.terms and conditions of said Preconstruction
Passed, approved and adopted this 7th dayAgreement.
of February, 1994.NOW, THEREFORE, BE IT RESOLVED
Terrance M. Duggan, MayorBY THE CITY COUNCIL OF THE CITY OF
Attest:DUBUQUE, IOWA:
Mary A. Davis, City ClerkSection 1. That Preconstruction Agreement
Council Member Voetberg moved adoption#94-16-110 with the Iowa Department of
of the Resolution. Seconded by CouncilTransportation relating to the construction of
Member Nagle. Carried by the following vote:median crossovers on U.S. 20 in the vicinity of
Yeas—Mayor Duggan, Council Membersthe middle fork of Catfish Creek be approved.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 2. That the Mayor be authorized
Voetberg. Nays—None.and directed to execute two copies of the
Agreement and forward the executed copies to
Communication of City Managerthe Iowa Department of Transportation.
submitting the Quarterly Investment Report,Passed, approved and adopted this 7th day
presented and read. Council Memberof February, 1994.
Voetberg moved to receive and file the report.Terrance M. Duggan, Mayor
Seconded by Council Member Nagle. CarriedAttest:
by the following vote: Yeas—Mayor Duggan,Mary A. Davis, City Clerk
Council Members Kluesner, Krieg, Nagle,Council Member Voetberg moved adoption
Nicholson, Robbins, Voetberg. Nays—None.of the Resolution. Seconded by Council
Member Nagle. Carried by the following vote:
Communication of the Executive Director ofYeas—Mayor Duggan, Council Members
Substance Abuse Services Center submittingKluesner, Krieg, Nagle, Nicholson, Robbins,
their Second Quarter Report of High RiskVoetberg. Nays—None.
Youth, presented and read Council Member
Voetberg moved that the communication beIowa DOT advising of Condemnation of
received and filed. Seconded by CouncilCertain Rights in Land by the Iowa DOT for
Member Nagle. Carried by the following vote:the improvement of relocated Primary Road
Yeas—Mayor Duggan, Council MembersNo. U.S. 20 in the City known as "Project No.
Kluesner, Krieg, Nagle, Nicholson, Robbins,FN-20-9-(29)-21-31 Group "H" (Complete
Voetberg. Nays—None.Legal Description on file in the City Clerk's
Office along with plat drawing.), presented
Communication of City Managerand read. Council Member Voetberg moved
recommending execution of an Agreementthat it be received and filed. Seconded by
with the IA Dept. of Transportation for theCouncil Member Nagle. Carried by the
construction of median crossovers on U.S. 20following vote: Yeas—Mayor Duggan, Council
Regular Session, February 7, 199436
Members Kluesner, Krieg, Nagle, Nicholson,____________________________________
Robbins, Voetberg. Nays—None.
Council Members
Council recessed at 8:56 p.m.; Council
Attest:
reconvened at 9:11 p.m.
____________________________________
Communication of City Manager
City Clerk
submitting the FY 95 Budget
Recommendations, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nagle. Carried
by the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
At 10:02 p.m. Council Member Voetberg to
go into CLOSED SESSION In accordance
with Chapter 21.5 (1)(j) to discuss the
purchase of particular real estate where
premature disclosure could be reasonably
expected to increase the price the
governmental body would have to pay for that
property and Section 21.5(1)(c) to discuss
strategy with Council in matters that are
presently in litigation. Seconded by Council
Member Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
At 11:15 p.m. Council reconvened Regular
Session and stated that Staff had been given
direction.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Meeting adjourned
at 11:15 p.m.
Mary A. Davis CMC
City Clerk
Approved ______________________, 1995.
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Special Session, February 14, 199440
Approved ______________________, 1995.
DUBUQUE
Adopted _______________________, 1995.
CITY COUNCIL
____________________________________
Mayor
OFFICIAL
____________________________________
PROCEEDINGS
____________________________________
Special Council Meeting, Monday,
February 14, 1994
____________________________________
Council Met at 6:45 p.m., Public Library
Auditorium
Present: Mayor Duggan, Council Members
____________________________________
Kluesner, Krieg, Nagle, Nicholson, Voetberg,
City Manager Michael C. Van Milligen.
Absent: Council Member Robbins.
____________________________________
Preliminary Budget Hearings were held for
____________________________________
the Police Department, Fire Department,
Council Members
Public Works/Engineering Dept., Transit
Division and Purchase of Services.
Attest:
At 10:53 p.m., Council Member Krieg
moved that it be resolved to go into Closed
____________________________________
Session in accordance with Chapter 21.51 (c)
City Clerk
to discuss strategy with Counsel in matters
that are presently in litigation. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays—None.
Absent—Council Member Robbins.
At 11:19 p.m. Council reconvened with
statement that direction was given to the Legal
Counsel.
There being no further business, Council
Member Nicholson moved to adjourn.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays—None.
Absent—Council Member Robbins.
Meeting adjourned at 11:20 p.m.
Mary A. Davis CMC
City Clerk
41Special Session, February 21, 1994
District Board, presented and read. Council
Member Kluesner moved that the
DUBUQUE
communication be received and filed and
direction given to the City Corporation
Counsel and County Attorney to pursue
JOINT BOARD
necessary amendments to form a single Board.
Seconded by Council Member Nicholson.
OF THE
Carried by the following vote: Yeas—Mayor
Pro-Tem Nagle, Council Members Kluesner,
COULERNicholson, Robbins, Voetberg. Nays—None.
Absent—Mayor Duggan, Council Member
Krieg.
VALLEY URBAN
Response from Iowa Department of Natural
DRAINAGE
Resources on the County Board of Supervisor's
request to exclude the Little Maquoketa River
DISTRICT
from protected stream status, presented and
read. Council Member Voetberg moved that
the response be received and filed. Seconded
by Council Member Nicholson. Carried by the
(Consisting of Dubuque
following vote: Yeas—Mayor Pro-Tem Nagle,
Council Members Kluesner, Nicholson,
City Council and County
Robbins, Voetberg. Nays—None.
Board of Supervisors)
Absent—Mayor Duggan, Council Member
Krieg.
OFFICIAL
Communication of City Manager
submitting documents providing for the
PROCEEDINGS
Flexsteel Drainage Improvements, presented
and read. Council Member Voetberg moved
that the communication be received and filed.
Special Session, February 21, 1994
Seconded by Council Member Robbins.
Board met at 6:30 P.m., Public Library
Carried by the following vote: Yeas—Mayor
Auditorium
Pro-Tem Nagle, Council Members Kluesner,
Present: Mayor Pro-Tem Nagle, Council
Nicholson, Robbins, Voetberg. Nays—None.
Members Kluesner, Nagle, Nicholson,
Absent—Mayor Duggan, Council Member
Robbins, City Manager Michael C. Van
Krieg.
Milligen, Corporation Counsel Barry A.
Lindahl. Absent: Mayor Duggan, Council
RESOLUTION NO. 41-94
Member Krieg. Absent at Roll Call: Council
PRELIMINARY APPROVAL OF
Member Voetberg.
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
Mayor Pro-Tem Nagle read the call and
BY THE JOINT BOARD OF THE COULER
stated this is a Special Session of the Joint
VALLEY URBAN DRAINAGE DISTRICT:
Board of the Couler Valley Urban Drainage
That the proposed plans, specifications,
District called for the purpose to act upon such
form of contract and estimated cost for the
business which may properly come before the
Flexsteel Industries Drainage Improvement
Board.
Project, in the estimated amount of
$273,468.50, are hereby approved and ordered
Notification from State of Iowa, Department
filed in the office of the City Clerk and the
of Public Defense relating to denial of flood
Dubuque County Auditor for public
disaster assistance, presented and read.
inspection.
Council Member Kluesner moved that the
That the City of Dubuque is hereby
notification be received and filed. Seconded
authorized to act on behalf of the Joint Board
by Council Member Nicholson. Carried by
to set a time and date for hearing on said
the following vote: Yeas—Mayor Pro-Tem
plans, specifications, form of contract, to
Nagle, Council Members Kluesner, Nicholson,
conduct said hearing, to adopt said plans,
Robbins. Nays—None. Absent—Mayor
specifications, form of contract, to advertise for
Duggan, Council Members Krieg, Voetberg.
bids for construction, and to award said
contract on behalf of the City of Dubuque and
Council Member Voetberg entered at
the County of Dubuque.
6:41 p.m.
Passed, adopted and approved this 21st day
of February, 1994.
Discussion of various alternatives in
Robert W. Nagle, Mayor Pro-Tem
composition of the Couler Valley Urban
Attest:
Drainage District Board and communication
Mary A. Davis, City Clerk
from Corporation Counsel with respect to
composition of Couler Valley Urban Drainage
Special Session, February 21, 199442
Council Member Voetberg moved adoptionthe provisions of the notice to bidders hereby
of the Resolution. Seconded by Councilapproved as a part of the plans and
Member Robbins. Carried by the followingspecifications heretofore adopted.
vote: Yeas—Mayor Pro-Tem Nagle, CouncilThat the City Clerk is hereby directed to
Members Kluesner, Nicholson, Robbins,advertise for bids for the construction of the
Voetberg. Nays—None. Absent—Mayorimprovements herein provided, to be published
Duggan, Council Member Krieg.in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
RESOLUTION NO. 42-94not be less than four days nor more than
FIXING DATE OF HEARING ONtwenty days prior to the receipt of said bids at
PLANS AND SPECIFICATIONS2:00 p.m. on the 2nd day of March, 1994.
Whereas, the Joint Board of the CoulerBids shall be opened and read by the City
Valley Urban Drainage District has given itsClerk at said time and will be submitted to the
preliminary approval on the proposed plans,Council for final action at 7:30 p.m. on the 7th
specifications, and form of contract and placedday of March, 1994.
same on file in the office of the City Clerk andPassed, adopted and approved this 21st day
Dubuque County Auditor for public inspectionof February, 1994.
of the Flexsteel Industries DrainageRobert W. Nagle, Mayor Pro-Tem
Improvement Project and has authorized theAttest:
City of Dubuque to conduct a hearing thereonMary A. Davis, City Clerk
and to award a contract therefore on behalf ofCouncil Member Voetberg moved adoption
the City of Dubuque and the County ofof the Resolution. Seconded by Council
Dubuque.Member Robbins. Carried by the following
NOW THEREFORE, BE IT RESOLVEDvote: Yeas—Mayor Pro-Tem Nagle, Council
BY THE CITY COUNCIL OF THE CITY OFMembers Kluesner, Nicholson, Robbins,
DUBUQUE, IOWA:Voetberg. Nays—None. Absent—Mayor
That on the 7th day of March, 1994, aDuggan, Council Member Krieg.
public hearing will be held at 7:30 p.m. in the
Public Library Auditorium at which timeCouncil Member Nicholson moved to invite
interested persons may appear and be heardthe Army Corps of Engineers to dredge.
for or against the proposed plans andSeconded by Council Member Voetberg.
specifications, form of contract and cost ofCarried by the following vote: Yeas—Mayor
said improvement, and the City Clerk be andPro-Tem Nagle, Council Members Kluesner,
is hereby directed to cause a notice of time andNicholson, Robbins, Voetberg. Nays—None.
place of such hearing to be published in aAbsent—Mayor Duggan, Council Member
newspaper having general circulation in theKrieg.
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twentyThere being no further business of this
days prior to the day fixed for itsBoard, Council Member Nicholson moved to
consideration. At the hearing, any interestedadjourn. Seconded by Council Member
person may appear and file objections to theVoetberg. Carried by the following vote:
proposed plans, specifications, contract, orYeas—Mayor Pro-Tem Nagle, Council
estimated cost of the improvement.Members Kluesner, Nicholson, Robbins,
Passed, adopted and approved this 21st dayVoetberg. Nays—None. Absent—Mayor
of February, 1994.Duggan, Council Member Krieg. The meeting
Robert W. Nagle, Mayor Pro-Temadjourned at 7:24 p.m.
Attest:Mary A. Davis CMC
Mary A. Davis, City ClerkCity Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Approved ______________________, 1995.
Member Robbins. Carried by the following
vote: Yeas—Mayor Pro-Tem Nagle, Council
Adopted _______________________, 1995.
Members Kluesner, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Mayor
Duggan, Council Member Krieg.
____________________________________
RESOLUTION NO. 43-94
Mayor
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF____________________________________
DUBUQUE, IOWA:
That the Flexsteel Industries Drainage
____________________________________
Improvement Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
____________________________________
amount of the security to accompany each bid
shall be in an amount which shall conform to
43Special Session, February 21, 1994
____________________________________
DUBUQUE
____________________________________
CITY COUNCIL
____________________________________
Council Members
OFFICIAL
Attest:
PROCEEDINGS
____________________________________
City Clerk
Regular Session, February 21, 1994
Council Met at 7:30 p.m., Public Library
Auditorium
Present: Council Members Kluesner,
Nagle, Nicholson, Robbins, Voetberg, City
Manager Michael C. Van Milligen,
Corporation Counsel Barry A. Lindahl.
Absent: Mayor Duggan, Council Member
Krieg.
Mayor Pro-Tem Nagle read the call and
stated this is the Regular Meeting of the City
Council called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Rev. John
Hulsizer, Pastor of the Church of the
Nazarene.
Council Member Kluesner moved that the
rules be suspended to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Pro-Tem Nagle, Council Members Kluesner,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Mayor Duggan, Council Member
Krieg.
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
Specifications for Removal of Silt from 32nd
Street Detention Basin, presented and read.
There was no written objections and no oral
objectors present at the time of the Hearing.
Council Member Kluesner moved that the
proof of publication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Pro-Tem Nagle, Council Members Kluesner,
Nicholson, Robbins, Voetberg. Nays—None.
Absent—Mayor Duggan, Council Member
Krieg.
RESOLUTION NO. 44-94
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 2nd day of February,
1994, plans, specifications, form of contract
and estimated cost were filed with the City
Clerk of Dubuque, Iowa for the Removal of
Silt from 32nd Street Detention Basin.
Regular Session, February 21, 199444
Whereas, notice of hearing on plans,return the bid deposits of the unsuccessful
specifications, form of contract, and estimatedbidders.
cost was published as required by law.Passed, approved and adopted this 21st day
NOW THEREFORE, BE IT RESOLVEDof February, 1994.
BY THE CITY COUNCIL OF THE CITY OFRobert W. Nagle, Mayor Pro-Tem
DUBUQUE, IOWA:Attest:
That the said plans, specifications, form ofMary A. Davis, City Clerk
contract and estimated cost are herebyCouncil Member Kluesner moved adoption
approved as the plans, specifications, form ofof the Resolution. Seconded by Council
contract and estimated cost for saidMember Voetberg. Carried by the following
improvements for said project.vote: Yeas—Mayor Pro-Tem Nagle, Council
Passed, adopted and approved this 21st dayMembers Kluesner, Nicholson, Robbins,
of February, 1994.Voetberg. Nays—None. Absent—Mayor
Robert W. Nagle, Mayor Pro-TemDuggan, Council Member Krieg.
Attest:
Mary A. Davis, City ClerkProof of Publication certified to by the
Council Member Kluesner moved adoptionPublisher on Notice of Public Hearing to
of the Resolution. Seconded by Councilconsider an amendment to the Zoning
Member Nicholson. Carried by the followingOrdinance allowing a Limited Setback Waiver,
vote: Yeas—Mayor Pro-Tem Nagle, Councilpresented and read. There were no written
Members Kluesner, Nicholson, Robbins,objections received and no oral objectors
Voetberg. Nays—None. Absent—Mayorpresent at the time of the Hearing. Council
Duggan, Council Member Krieg.Member Voetberg moved that the proof of
Proof of Publication certified to by thepublication be received and filed. Seconded
Publisher on Notice to Bidders of the Receiptby Council Member Kluesner. Carried by the
of Bids for the project and communication offollowing vote: Yeas—Mayor Pro-Tem Nagle,
City Manager recommending to awardCouncil Members Kluesner, Nicholson,
contract for project, presented and read. Robbins, Voetberg. Nays—None.
Council Member Kluesner moved that theAbsent—Mayor Duggan, Council Member
proof and communication be received andKrieg.
filed. Seconded by Council Member
Nicholson. Carried by the following vote:(OFFICIAL PUBLICATION)
Yeas—Mayor Pro-Tem Nagle, CouncilORDINANCE NO. 8-94
Members Kluesner, Nicholson, Robbins,AN ORDINANCE OF THE CITY OF
Voetberg. Nays—None. Absent—MayorDUBUQUE, IOWA AMENDING
Duggan, Council Member Krieg.APPENDIX A (THE ZONING
ORDINANCE) OF THE CODE OF
RESOLUTION NO. 45-94ORDINANCES, CITY OF DUBUQUE,
AWARDING CONTRACTIOWA, BY ENACTING A NEW SECTION
Whereas, sealed proposals have been5-3.7(F) TO ALLOW A LIMITED
submitted by contractors for the Removal ofSETBACK WAIVER FOR SPECIAL
Silt from 32nd Street Detention Basin pursuantEXCEPTIONS.
to Resolution No. 29-94 and notice to biddersNOW THEREFORE, BE IT ORDAINED
published in a newspaper published in the CityBY THE CITY COUNCIL OF THE CITY OF
of Dubuque, Iowa on the 10th day ofDUBUQUE, IOWA:
February, 1994.Section 1. Appendix A (the Zoning
Whereas, said sealed proposals wereOrdinance) of the City of Dubuque Code of
opened and read on the 15th day of February,Ordinances is hereby amended by enacting a
1994 and it has been determined that the bidnew Section 5-3.7(F) to allow a limited
of McDermott Excavating of Dubuque, Iowa insetback waiver for special exceptions, as
the amount of $34,400.00 was the lowest bidfollows:
for the furnishings of all labor and materialsSection 5-3.7 Special Exception Procedure
and performing the work as provided for in the(F)Limited Setback Waiver.
plans and specifications.The purpose of the Limited Setback Waiver
NOW THEREFORE, BE IT RESOLVEDfor one- and two-family residential
BY THE CITY COUNCIL OF THE CITY OFstructures that meet the following criteria
DUBUQUE, IOWA:established by the City Council is to
That the contract for the aboveencourage reinvestment and infill housing,
improvement be awarded to McDermottand to maintain property values in the
Excavating and the Manager be and is herebyCity's residential neighborhoods. The City
directed to execute a contract on behalf of thePlanner shall issue a waiver only for such
City of Dubuque for the complete performancesetback adjustments that meet the following
of the work.criteria. No public hearing or Zoning
BE IT FURTHER RESOLVED:Board of Adjustment review shall be
That upon the signing of said contract andrequired if the following criteria can be met.
the approval of the contractor's bond, the CityIf these criteria are not met, then the
Treasurer is authorized and instructed toapplicant still has the opportunity to apply
45Regular Session, February 21, 1994
for a Special Exception from the Zoning BoardLOT TWENTY (20) OF QUIGLEY'S
of Adjustment, in which case the criteria forSUBDIVISION OF OUT LOTS 712 AND
the Special Exception, not the Limited Setback711 IN THE CITY OF DUBUQUE,
Waiver, would apply.COUNTY OF DUBUQUE, IOWA,
1.The Limited Setback Waiver requested isACCORDING TO THE RECORDED
thirty-three point three percent (33.3%) orPLAT THEREOF, ALSO KNOWN AS 683
less of the required setback(s).ANGELLA STREET, TO JAMES M. AND
2.That all abutting property owner(s),MELISSA A. HOLZ.
including property owners directly acrossWhereas, pursuant to a notice, duly
the street, agree(s) to the setback waiver(s)published in the Telegraph Herald newspaper,
on a notarized letter stating they have nothe City Council of Dubuque, Iowa, met on the
objection to the request.21st day of February, 1994, at 7:30 p.m. in the
3.The setback waiver requested for anCarnegie Stout Public Library Auditorium,
addition or an accessory structure is the11th and Bluff Street, Dubuque, Iowa, to
same or greater than the setback(s) of theconsider the proposal to dispose of City-owned
existing structure.real estate located at 683 Angella Street which
4.The setback waiver requested forproperty is legally described as follows:
reconstruction of an addition or anThe Easterly Thirty-Eight Feet (38') of Lot
accessory structure is the same or greaterTwenty (20) of Quigley's Subdivision of
than the setback(s) of a previously existingOut Lots 712 and 711 in the City of
structure that has been removed.Dubuque, County of Dubuque, Iowa,
Section 2. This ordinance has heretofore beenaccording to the recorded plat thereof.
reviewed by the Zoning Commission of theWhereas, such property is proposed to be
City of Dubuque, Iowa.sold to James M. and Melissa A. Holz in
Section 3. This ordinance shall take effectconsideration for One Thousand Seven
immediately upon publication.Hundred Eighty-Five Dollars ($1,785.00) as
Passed, approved and adopted this 21st daythe third DREAMS Program property to be
of February, 1994.sold; and
Robert W. Nagle, Mayor Pro-TemWhereas, the City Council of the City of
Attest:Dubuque, Iowa, has overruled any and all
Mary A. Davis, City Clerkobjections, oral and written, to the proposal to
Published officially in the Telegraphdispose of the interest of the City of Dubuque,
Herald newspaper this 28th day of February,Iowa, in the herein and above-named real
1994.estate to the above-named grantees.
NOW, THEREFORE, BE IT RESOLVED
1t 2/28Mary A. Davis CMC, City Clerk
BY THE CITY COUNCIL OF THE CITY OF
Council Member Voetberg moved final
DUBUQUE, IOWA:
adoption of the Ordinance. Seconded by
Council Member Kluesner. Carried by theSection 1. That the disposal of the interest
following vote: Yeas—Mayor Pro-Tem Nagle,of the City of Dubuque in the above-described
Council Members Kluesner, Nicholson,property to James M. and Melissa A. Holz is
hereby approved.
Robbins, Voetberg. Nays—None.
Section 2. That the Mayor be and he is
Absent—Mayor Duggan, Council Member
hereby authorized and directed to execute a
Krieg.
Quit Claim Deed, and that the City Clerk be
Proof of Publication certified to by theand she is hereby directed and authorized to
Publisher on Notice of Public Hearing todeliver such Deed, conveying the above
described real estate to the above-named
consider disposing of property at 683 Angella
grantee.
Street and communication of City Manager
Passed, approved and adopted this 21st day
recommending approval of sale, presented and
read. There were no objections received andof February, 1994.
no oral objectors present at the time of theRobert W. Nagle, Mayor Pro-Tem
Hearing. Council Member Voetberg moved toAttest:
Mary A. Davis, City Clerk
receive and file the proof and communication.
Council Member Voetberg moved adoption
Seconded by Council Member Robbins.
of the Resolution. Seconded by Council
Carried by the following vote: Yeas—Mayor
Pro-Tem Nagle, Council Members Kluesner,Member Robbins. Carried by the following
Nicholson, Robbins, Voetberg. Nays—None.vote: Yeas—Mayor Pro-Tem Nagle, Council
Absent—Mayor Duggan, Council MemberMembers Kluesner, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Mayor
Krieg.
Duggan, Council Member Krieg.
James and Melissa Holz requested favorable
approval.
Proof of Publication certified to by the
RESOLUTION NO. 46-94Publisher on Notice of Public Hearing to
RESOLUTION APPROVING THEconsider disposing of property at 2534-36
Windsor Ave. and communication of City
DISPOSAL OF CITY-OWNED
Manager recommending approval of sale,
PROPERTY, SPECIFICALLY, THE
presented and read. There were no written
EASTERLY THIRTY-EIGHT FEET (E38')
Regular Session, February 21, 199446
objections received and no oral objectorsQuit Claim Deed, and that the City Clerk be
present at the time of the Hearing. Counciland she is hereby directed and authorized to
Member Robbins moved to receive and file thedeliver such Deed, conveying the above
proof and communications. Seconded bydescribed real estate to the above-named
Council Member Nicholson. Carried by thegrantee.
following vote: Yeas—Mayor Pro-Tem Nagle,Passed, approved and adopted this 21st day
Council Members Kluesner, Nicholson,of February, 1994.
Robbins, Voetberg. Nays—None.Robert W. Nagle, Mayor Pro-Tem
Absent—Mayor Duggan, Council MemberAttest:
Krieg.Mary A. Davis, City Clerk
Council Member Robbins moved adoption
RESOLUTION NO. 47-94of the Resolution. Seconded by Council
RESOLUTION APPROVING THEMember Nicholson. Carried by the following
DISPOSAL OF CITY-OWNEDvote: Yeas—Mayor Pro-Tem Nagle, Council
PROPERTY, SPECIFICALLY, LOTMembers Kluesner, Nicholson, Robbins,
FOUR (4) OF THE SUBDIVISION OFVoetberg. Nays—None. Absent—Mayor
LOT THREE (3) IN GIGER'SDuggan, Council Member Krieg.
SUBDIVISION, IN THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE,Communication of Dubuque County
IOWA, ACCORDING TO THESesquicentennial Commission requesting
RECORDED PLAT THEREOF. (ALSOCouncil appoint a representative to the
DESCRIBED AS LOT FOUR (4) OF THECounty's Commission, presented and read.
SUBDIVISION OF LOT THREE (3) INCouncil Member Kluesner moved that Council
GIEGERS SUBDIVISION AND GEIGERSMember Krieg be appointed to this
SUBDIVISION IN THE CITY OFCommission. Seconded by Council Member
DUBUQUE, IOWA, ACCORDING TOVoetberg. Carried by the following vote:
THE RECORDED PLAT THEREOF),Yeas—Mayor Pro-Tem Nagle, Council
ALSO KNOWN AS 2534-36 WINDSORMembers Kluesner, Nicholson, Robbins,
AVENUE, TO JERRY AND CATHLEENVoetberg. Nays—None. Absent—Mayor
GRUTZ.Duggan, Council Member Krieg.
Whereas, pursuant to a notice, duly
published in the Telegraph Herald newspaper,Communication of City Manager advising
the City Council of Dubuque, Iowa, met on theof acceptance of invitation to submit name for
21st day of February, 1994, at 7:30 p.m. in theconsideration to serve on the Dubuque Area
Carnegie Stout Public Library Auditorium,Health Care Board of Directors, presented and
11th and Bluff Street, Dubuque, Iowa, toread. Council Member Robbins moved that
consider the proposal to dispose of City-ownedthe communication be received and filed.
real estate located at 2534-36 Windsor AvenueSeconded by Council Member Voetberg.
which property is legally described as follows:Carried by the following vote: Yeas—Mayor
Lot Four (4) of the Subdivision of LotPro-Tem Nagle, Council Members Kluesner,
Three (3) in Giger's Subdivision, in the CityNicholson, Robbins, Voetberg. Nays—None.
of Dubuque, County of Dubuque, Iowa,Absent—Mayor Duggan, Council Member
according to the recorded plat thereof.Krieg.
(Also described as Lot Four (4) of the
Subdivision of Lot Three (3) in GiegersCommunication of Rodney Tschiggfrie
Subdivision and Geigers Subdivision in therequesting to address the Council to seek
City of Dubuque, Iowa, according to thesupport for a weekend of outdoor river
recorded plat thereof).festivities on August 6th & 7th, 1994,
Whereas, such property is proposed to bepresented and read. Council Member
sold to Jerry and Cathleen Grutz inKluesner moved that the communication be
consideration for One Hundred Nineteenreceived and filed and authorized City
Thousand Dollars ($119,000.00); andManager to work with Mr. Tschiggfrie to
Whereas, the City Council of the City ofproceed with activities. Seconded by Council
Dubuque, Iowa, has overruled any and allMember Voetberg. Carried by the following
objections, oral and written, to the proposal tovote: Yeas—Mayor Pro-Tem Nagle, Council
dispose of the interest of the City of Dubuque,Members Kluesner, Nicholson, Robbins,
Iowa, in the herein and above-named realVoetberg. Nays—None. Absent—Mayor
estate to the above-named grantee.Duggan, Council Member Krieg.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFCommunication of Glen Smock, Jr.,
DUBUQUE, IOWA:requesting Mayor be authorized to execute
Section 1. That the disposal of the interestdocument supporting the renaming of State
of the City of Dubuque in the above-describedHighway No. 3 as "The American Veterans
property to Jerry and Cathleen Grutz is herebyMemorial Highway", presented and read.
approved.Council Member Kluesner moved that
Section 2. That the Mayor be and he iscommunication be received and filed.
hereby authorized and directed to execute aSeconded by Council Member Voetberg.
47Regular Session, February 21, 1994
Carried by the following vote: Yeas—MayorRESOLUTION NO. 49-94
Pro-Tem Nagle, Council Members Kluesner,A RESOLUTION AUTHORIZING THE
Nicholson, Robbins, Voetberg. Nays—None.CITY MANAGER OR HIS DESIGNEE TO
Absent—Mayor Duggan, Council MemberSIGN A CONTRACT WITH THE IOWA
Krieg.DEPARTMENT OF PUBLIC HEALTH
FOR FUNDING A LOCAL CHILDHOOD
RESOLUTION NO. 48-94LEAD POISONING PREVENTION
RESOLUTION NAMING THEPROGRAM.
AMERICAN VETERANS MEMORIALWhereas, the City of Dubuque desires to
HIGHWAYestablish such a local childhood lead poisoning
Whereas, the State of Iowa and thisprevention program; and
community has had its sons and daughtersWhereas, the Iowa Department of Public
serve with courage and honor in the defense ofHealth has offered to provide financial support
the freedoms of the United States of America;for a local childhood lead poisoning prevention
andprogram in the City of Dubuque; and
Whereas, the sacrifice and pride of ourWhereas, the City of Dubuque will provide
American Veterans and their families areenvironmental and medical case management
deserving of recognition; andof identified lead poisoned children in addition
Whereas, the community of Dubuqueto community outreach and education of the
desires to participate by designation of Stateproblem of childhood lead poisoning.
Highway No. 3.NOW, THEREFORE, BE IT RESOLVED
NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA:Section 1. That the City of Dubuque, Iowa
That approval is hereby given forhereby approves the attached contract between
designation and appropriate signing of Statethe Iowa Department of Public Health and the
Highway No. 3 as "The American VeteransCity of Dubuque, Iowa.
Memorial Highway".Section 2. That the City Manager or his
Passed, approved and adopted this 21st daydesignee is hereby authorized and directed to
of February, 1994.execute said contract on behalf of the City of
Robert W. Nagle, Mayor Pro-TemDubuque, Iowa.
Attest:Passed, approved and adopted this 21st day
Mary A. Davis, City Clerkof February, 1994.
Council Member Kluesner moved adoptionRobert W. Nagle, Mayor Pro-Tem
of the Resolution. Seconded by CouncilAttest:
Member Voetberg. Carried by the followingMary A. Davis, City Clerk
vote: Yeas—Mayor Pro-Tem Nagle, CouncilCouncil Member Voetberg moved adoption
Members Kluesner, Nicholson, Robbins,of the Resolution. Seconded by Council
Voetberg. Nays—None. Absent—MayorMember Nicholson. Carried by the following
Duggan, Council Member Krieg.vote: Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,
Communication of City Manager requestingVoetberg. Nays—None. Absent—Mayor
approval of modifications to the City's policyDuggan, Council Member Krieg.
on Street Tree and Landscaping on Public
Right-of-Way, presented and read. CouncilCommunication of City Manager
Member Voetberg moved that therecommending purchase of pumps and motors
communication be received and filed andfor Eagle Point Water Plant at a price of
approved. Seconded by Council Member$41,155, presented and read. Council
Robbins. Carried by the following vote:Member Kluesner moved that the
Yeas—Mayor Pro-Tem Nagle, Councilcommunication be received and filed and
Members Kluesner, Nicholson, Robbins,purchase approved. Seconded by Council
Voetberg. Nays—None. Absent—MayorMember Robbins. Carried by the following
Duggan, Council Member Krieg.vote: Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,
Communication of City ManagerVoetberg. Nays—None. Absent—Mayor
recommending approval of a Childhood LeadDuggan, Council Member Krieg.
Poisoning Prevention Program Grant
Agreement for the amount of $55,781.00,Communication of City Manager
presented and read. Council Memberrecommending purchase of a 1600 KW
Voetberg moved that the communication bebackup electrical generator at the Eagle Point
received and filed. Seconded by CouncilWater Plant, presented and read. Council
Member Nicholson. Carried by the followingMember Robbins moved that the
vote: Yeas—Mayor Pro-Tem Nagle, Councilcommunication be received and filed and
Members Kluesner, Nicholson, Robbins,purchase approved. Seconded by Council
Voetberg. Nays—None. Absent—MayorMember Nicholson. Carried by the following
Duggan, Council Member Krieg.vote: Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,
Regular Session, February 21, 199448
Voetberg. Nays—None. Absent—MayorAbsent—Mayor Duggan, Council Member
Duggan, Council Member Krieg.Krieg.
RESOLUTION NO. 51-94
Communication of City ManagerRESOLUTION AUTHORIZING THE
recommending approval to purchase real estateMAYOR TO EXECUTE AN
at 2239 Prince Street, presented and read.APPLICATION TO PARTICIPATE IN
Council Member Kluesner moved to receiveTHE IOWA HOME INVESTMENT
and file the communication. Seconded byPARTNERSHIP PROGRAM
Council Member Nicholson. Carried by theWhereas, the City of Dubuque recognizes a
following vote: Yeas—Mayor Pro-Tem Nagle,continuing need to assist rental unit owners in
Council Members Kluesner, Nicholson,improving their properties occupied by lower
Robbins, Voetberg. Nays—None.income families; and
Absent—Mayor Duggan, Council MemberWhereas, the City recognizes the benefit of
Krieg.such assistance, in the form of neighborhood
RESOLUTION NO. 50-94impact and increased tax base; and
RESOLUTION OF INTENT TOWhereas, the City has successfully
ACQUIRE REAL ESTATE AT 2239administered state and federally funded rental
PRINCE STREET, IN THE CITY OFrehabilitation programs since 1984, including
DUBUQUE.a 1992 HOME Program grant.
Whereas, the City of Dubuque is committedNOW, THEREFORE, BE IT RESOLVED
to enforcement of housing quality standardsBY THE CITY COUNCIL OF THE CITY OF
and to the provision of assistance toward theDUBUQUE, IOWA:
addition of housing units to the City'sSection 1. That the Mayor is authorized
inventory; andand directed to execute an application to the
Whereas, acquisition of suitable properties,Iowa Department of Economic Development
in specific instances, is an appropriate meansfor participation in the HOME Investment
of achieving these goals.partnership Program.
NOW, THEREFORE, BE IT RESOLVEDSection 2. That the City of Dubuque
BY THE CITY COUNCIL OF THE CITY OFHousing Commission has conducted the
DUBUQUE, IOWA:necessary public hearing regarding this
Section 1. That the City of Dubuque herebyapplication.
gives notice of its intent to acquire theSection 3. That the City Manager is hereby
following legally described property from theauthorized and directed to forward said
seller, William Clark:application and resulting standard executed
Lot One (1) of Forty-Nine (49) Sanford'scontract to the respective agencies in a timely
Subdivision in the City of Dubuque, in thefashion and as required by the Iowa
County of Dubuque, Iowa, according to theDepartment of Transportation.
recorded plat thereofPassed, approved and adopted this 21st day
at the cost of One Dollar ($1.00), subject toof February, 1994.
review and approval of a deed conveying suchRobert W. Nagle, Mayor Pro-Tem
property.Attest:
Section 2. That the City Manager is herebyMary A. Davis, City Clerk
authorized and directed to purchase saidCouncil Member Voetberg moved adoption
property, subject to the terms and conditionsof the Resolution. Seconded by Council
of the attached offer.Member Nicholson. Carried by the following
Passed, approved and adopted this 21st dayvote: Yeas—Mayor Pro-Tem Nagle, Council
of February, 1994.Members Kluesner, Nicholson, Robbins,
Robert W. Nagle, Mayor Pro-TemVoetberg. Nays—None. Absent—Mayor
Attest:Duggan, Council Member Krieg.
Mary A. Davis, City Clerk
Council Member Kluesner moved adoptionCommunication of City Manager
of the Resolution. Seconded by Councilrecommending approval of 1994 applications
Member Nicholson. Carried by the followingfor tax exemptions in Urban Revitalization
vote: Yeas—Mayor Pro-Tem Nagle, CouncilProgram; Establishing standards to be used
Members Kluesner, Nicholson, Robbins,regarding prior tax abatement applications and
Voetberg. Nays—None. Absent—Mayorapproving late filing of 1993 applications,
Duggan, Council Member Krieg.presented and read. Council Member Robbins
moved to receive and file the communication.
Communication of City Manager requesting Seconded by Council Member Nicholson.
execution of an application for funding for theCarried by the following vote: Yeas—Mayor
HOME Investment Partnership, presented andPro-Tem Nagle, Council Members Kluesner,
read. Council Member Voetberg moved thatNicholson, Robbins, Voetberg. Nays—None.
the communication be received and filed. Absent—Mayor Duggan, Council Member
Seconded by Council Member Nicholson.Krieg.
Carried by the following vote: Yeas—Mayor
Pro-Tem Nagle, Council Members Kluesner,RESOLUTION NO. 52-94
Nicholson, Robbins, Voetberg. Nays—None.
49Regular Session, February 21, 1994
RESOLUTION APPROVINGall requirements of the City of Dubuque's
RESIDENTIAL PROPERTY TAXUrban Revitalization Plan.
EXEMPTION APPLICATIONSNOW, THEREFORE, BE IT RESOLVED
SUBMITTED BY PROPERTY OWNERSBY THE CITY COUNCIL OF THE CITY OF
IN RECOGNIZED URBANDUBUQUE, IOWA:
REVITALIZATION AREAS ANDSection 1. That the above described tax
AUTHORIZING THE TRANSMITTALexemption applications meet the requirements
OF THE APPROVED APPLICATIONSof the City of Dubuque's Urban Revitalization
TO THE CITY TAX ASSESSOR Plan.
Whereas, the Urban Revitalization Act, asSection 2. That the above described tax
enacted by the 68th General Assembly of theexemption applications are hereby approved
State of Iowa, allows cities to give property taxby the City Council, subject to the review and
exemptions for improvements made tothe approval of the City Assessor.
properties in designated revitalization areas;Section 3. That the City Clerk of the City
andof Dubuque is hereby authorized to forward
Whereas, the Urban Revitalization Actthe above described tax exemption applications
requires property owners to submit a writtento the City Assessor.
application for exemption by February 1st ofPassed, approved and adopted this 21st day
the assessment year for which the exemption isof February, 1994.
first claimed, and further requires the CityRobert W. Nagle, Mayor
Council to approve all applications that meetAttest:
the requirements of the adopted UrbanMary A. Davis, City Clerk
Revitalization Plan and forward the approvedCouncil Member Robbins moved adoption
applications to the City Assessor for review byof the Resolution. Seconded by Council
March 1 of each year; andMember Nicholson. Carried by the following
Whereas, pursuant to the requirements ofvote: Yeas—Mayor Pro-Tem Nagle, Council
said Urban Revitalization Act, the followingMembers Kluesner, Nicholson, Robbins,
Urban Revitalization Areas were established:Voetberg. Nays—None. Absent—Mayor
Cathedral Gardens, Jackson Park, HolyDuggan, Council Member Krieg.
Trinity, Washington Street, West 11th Street,
Windsor Park, and Sacred Heart Place; andRESOLUTION NO. 53-94
Whereas, the City Clerk of the City ofRESOLUTION ESTABLISHING THE
Dubuque as of February 1, 1994, received taxSTANDARDS TO BE USED IN THE
exemption applications from the followingREVIEW OF UNTIMELY REQUESTS
property owners in the aforementioned urbanFOR RESIDENTIAL PROPERTY TAX
revitalization districts:ABATEMENT AVAILABLE THROUGH
Jackson Park Urban Revitalization DistrictTHE CITY OF DUBUQUE'S URBAN
Lynn Lampe for improvements at 1765REVITALIZATION PROGRAM
Madison StreetWhereas, the Urban Revitalization Act, as
Kelly and Peter Nelles for improvements atenacted by the 68th General Assembly of the
1670 Iowa StreetState of Iowa, allows cities to give property tax
Thomas Crall for improvements at 1182exemptions for improvements made to
Locust Streetproperties in designated revitalization areas;
West 11th Street Urban Revitalizationand
DistrictWhereas, the Urban Revitalization Act
Roger and Paula Stenlund forrequires property owners to submit a written
improvements at 1295 Prairieapplication for exemption by February 1st of
Steve and Tina Gulick for improvements atthe assessment year for which the exemption is
643 Chestnutfirst claimed, yet provides for the acceptance,
John and Cheryl Whalen for improvementsby Resolution of the City Council, of
at 1203 Grove Terraceapplications filed beyond the legislated
Carriage House Apartments for improvementsdeadline; and
at 605-65 W. 11thWhereas, the City Council of the City of
Washington Street Urban RevitalizationDubuque wishes to support the goals and
Districtobjectives of the Urban Revitalization Plans
Edward and Mary Miller for improvementsdeveloped for each of the established urban
at 1458 White Streetrevitalization districts and the individual urban
Windsor Apartments Urban Revitalizationrevitalization areas;
AreaNOW, THEREFORE, BE IT RESOLVED
Gary and George Kennedy forBY THE CITY COUNCIL OF THE CITY OF
improvements at 801 DavisDUBUQUE, IOWA:
Whereas, the Community and EconomicSection 1. That the following standards are
Development Department and the Housingto be used in evaluating the appropriateness of
Services Division have reviewed the abovethe acceptance of untimely filed applications
described applications and inspected thefor participation in the Urban Revitalization
properties, and have determined that theProgram:
applications and the improvements conform to
Regular Session, February 21, 199450
1)The extent to which the projectWhereas, the Community and Economic
supports the specific goals andDevelopment Department and the Housing
objectives of the urban revitalizationServices Division have reviewed the above
plan developed for the district or thedescribed applications and inspected the
individual property; orproperties, and have determined that the
2)The extent to which the projectapplications and the improvements conform to
supports the creation or retention ofall requirements of the City of Dubuque's
affordable housing for communityUrban Revitalization Plan and its policy
residents.regarding the acceptance of late filings.
Section 2. That the above describedNOW, THEREFORE, BE IT RESOLVED
standards are merely guidelines to be used toBY THE CITY COUNCIL OF THE CITY OF
evaluate the appropriateness of an individualDUBUQUE, IOWA:
application and the final review and approvalSection 1. That the above described tax
of each request remains with the City Council.exemption applications meet the requirements
Passed, approved and adopted this 21st dayof the City of Dubuque's Urban Revitalization
of February, 1994.Program.
Robert W. Nagle, Mayor Pro-TemSection 2. That the above described tax
Attest:exemption applications are hereby approved
Mary A. Davis, City Clerkby the City Council, subject to the review and
Council Member Robbins moved adoptionapproval of the City Assessor.
of the Resolution. Seconded by CouncilSection 3. That the City Clerk of the City
Member Nicholson. Carried by the followingof Dubuque is hereby authorized to forward
vote: Yeas—Mayor Pro-Tem Nagle, Councilthe above described tax exemption applications
Members Kluesner, Nicholson, Robbins,to the City Assessor.
Voetberg. Nays—None. Absent—Mayor
Duggan, Council Member Krieg.
RESOLUTION NO. 54-94
RESOLUTION APPROVING
RESIDENTIAL PROPERTY TAX
EXEMPTION APPLICATIONS
SUBMITTED AFTER THE LEGISLATED
FILING DATE BY PROPERTY OWNERS
IN RECOGNIZED URBAN
REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL
OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, the Urban Revitalization Act, as
enacted by the 68th General Assembly of the
State of Iowa, allows cities to give property tax
exemptions for improvements made to
properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act
requires property owners to submit a written
application for exemption by February 1st of
the assessment year for which the exemption is
first claimed, yet provides for the acceptance,
by Resolution of the City Council, of
applications filed beyond the legislated
deadline; and
Whereas, the City Clerk of the City of
Dubuque received tax exemption applications
for improvements made in 1992 from the
following property owners for properties
located within established urban revitalization
districts:
West 11th Street Urban Revitalization
District
Carriage House Apartments for
improvements at 605-635 West 11th Street
Windsor Apartments Urban Revitalization
Area
Gary and George Kennedy for
improvements at 801 Davis
51Regular Session, February 21, 1994
Passed, approved and adopted this 21st dayWhereas, the City finds the proposed
of February, 1994.survey to be in the public interest.
Robert W. Nagle, Mayor Pro-TemNOW, THEREFORE, BE IT RESOLVED
Attest:BY THE CITY COUNCIL OF THE CITY OF
Mary A. Davis, City ClerkDUBUQUE, IOWA:
Council Member Robbins moved adoptionSection 1. That the Memorandum of
of the Resolution. Seconded by CouncilAgreement between the City of Dubuque and
Member Nicholson. Carried by the followingthe Genesis Jobs Task Force is hereby
vote: Yeas—Mayor Pro-Tem Nagle, Councilapproved.
Members Kluesner, Nicholson, Robbins,Section 2. That the Mayor is hereby
Voetberg. Nays—None. Absent—Mayorauthorized and directed to execute the
Duggan, Council Member Krieg.Memorandum of Agreement on behalf of the
City.
Communication of City ManagerSection 3. That the City Manager is hereby
recommending approval of an agreement withauthorized and directed to retain Loras College
Genesis Jobs Task Force and Authorizing aCenter for Business and Social Research to
Neighborhood Labor Force Survey, presentedconduct a survey in accordance with the
and read. Council Member Robbins movedMemorandum of Agreement.
that the communication be received and filed.Passed, approved and adopted this 21st day
Seconded by Council Member Nicholson.of February, 1994.
Carried by the following vote: Yeas—MayorRobert W. Nagle, Mayor
Pro-Tem Nagle, Council Members Kluesner,Attest:
Nicholson, Robbins, Voetberg. Nays—None.Mary A. Davis, City Clerk
Absent—Mayor Duggan, Council MemberCouncil Member Robbins moved adoption
Krieg.of the Resolution. Seconded by Council
Elizabeth Mihalakis and Francis GiuntaMember Nicholson. Carried by the following
spoke to the project.vote: Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,
RESOLUTION NO. 55-94Voetberg. Nays—None. Absent—Mayor
RESOLUTION APPROVING ANDuggan, Council Member Krieg.
AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND THE GENESIS JOBSCommunication of City Manager
TASK FORCE AND AUTHORIZING Arecommending vacation of a portion of
NEIGHBORHOOD LABOR FORCEunimproved Kerper Boulevard right-of-way in
SURVEYfront of Sanofi Bio-Industries, presented and
Whereas, the City is a participating City inread. Council Member Kluesner moved that
the Community Development Block Grantthe communication be received and filed.
Program (CDBG) of the United StatesSeconded by Council Member Voetberg.
Department of Housing and UrbanCarried by the following vote: Yeas—Mayor
Development; andPro-Tem Nagle, Council Members Kluesner,
Whereas, the City has set aside CDBGNicholson, Robbins, Voetberg. Nays—None.
funds for planning for programs to assist theAbsent—Mayor Duggan, Council Member
unemployed and underemployed in low andKrieg.
moderate income neighborhoods; and
Whereas, the Genesis Jobs Task Force wasRESOLUTION NO. 56-94
formed by the Federation of NeighborhoodRESOLUTION APPROVING PLAT OF
Councils and Associations and the DubuqueLOT 1A AND LOT 2A OF BLOCK 6 OF
Federation of Labor, AFL-CIO to investigateRIVER FRONT SUBDIVISION NO. 3 IN
and propose solutions to the problem ofTHE CITY OF DUBUQUE, IOWA
unemployment and underemployment inWhereas, there has been presented to the
neighborhoods; andCity Council of the City of Dubuque, Iowa a
Whereas, the Task Force after dueplat dated May 29, 1993, prepared by IIW
consideration of alternative sources nowEngineers and Surveyors, P.C. of Dubuque,
proposes that the City use its CDBG planningIowa, describing the proposed vacated portion
funds to retain the services of Loras Collegeof Kerper Boulevard abutting Sanofi Bio-
Center for Business and Social Research toIndustries, Inc.; and
conduct a survey to determine the extent ofWhereas, said plat conforms to the laws
unemployment and underemployment in aand statutes pertaining thereto.
central neighborhood area; andNOW, THEREFORE, BE IT RESOLVED
Whereas, there has been prepared aBY THE CITY COUNCIL OF THE CITY OF
Memorandum of Agreement between the CityDUBUQUE, IOWA:
of Dubuque and the Genesis Jobs Task Force,Section 1. That the plat dated May 29,
a copy of which is attached hereto and by this1993, prepared by IIW Engineers &
reference made a part hereof, which formalizesSurveyors, P.C., relative to the real estate
the relationship of the parties with regard tohereinabove and they are hereby authorized
planning, conducting and evaluating theand directed to execute said plat for and on
proposed survey; andbehalf of the City of Dubuque, Iowa.
Regular Session, February 21, 199452
Section 2. That the City Clerk be and isAttest:
hereby authorized and directed to file said platMary A. Davis, City Clerk
and certified copy of this resolution in theCouncil Member Kluesner moved adoption
office of the Recorder, in and for Dubuqueof the Resolution. Seconded by Council
County, Iowa.Member Robbins. Carried by the following
Passed, approved and adopted this 21st dayvote: Yeas—Mayor Pro-Tem Nagle, Council
of February, 1994.Members Kluesner, Nicholson, Robbins,
Robert W. Nagle, Mayor Pro-TemVoetberg. Nays—None. Absent—Mayor
Attest:Duggan, Council Member Krieg.
Mary A. Davis, City Clerk
Council Member Kluesner moved adoptionRESOLUTION NO. 58-94
of the Resolution. Seconded by CouncilWhereas, applications for Liquor Licenses
Member Voetberg. Carried by the followinghave been submitted to this Council for
vote: Yeas—Mayor Pro-Tem Nagle, Councilapproval and the same have been examined
Members Kluesner, Nicholson, Robbins,and approved; and
Voetberg. Nays—None. Absent—MayorWhereas, the premises to be occupied by
Duggan, Council Member Krieg.such applicants were inspected and found to
comply with the State Law and all City
An Ordinance Vacating a portion of KerperOrdinances relevant thereto and they have filed
Boulevard abutting Lot 1 of Lot 2 and Lot 1 ofproper bonds.
Lot 2 of Lot 2 of Block 6 of River Front Subd.NOW, THEREFORE, BE IT RESOLVED
No. 3, presented and read. Council MemberBY THE CITY COUNCIL OF THE CITY OF
Kluesner moved that this be considered theDUBUQUE, IOWA:
first reading of the Ordinance. Seconded byThat the Manager be authorized to cause to
Council Member Voetberg. Carried by thebe issued the following named applicants
following vote: Yeas—Mayor Pro-Tem Nagle, a Liquor License.
Council Members Kluesner, Nicholson,CLASS "B" (HOTEL-MOTEL)
Robbins, Voetberg. Nays—None.BEER AND LIQUOR LICENSE
Absent—Mayor Duggan, Council MemberDubuque Lodging, Inc.Day's Inn
Krieg.1111 Dodge St
RESOLUTION NO. 57-94
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
George M. Stephenson
Bunker Hill Golf Course
Bunker Hill Rd
Kids World Pizza Place & Fun Center, Inc.
3033 Asbury Rd
CLASS "C" BEER PERMIT
Molo Oil Co.Big "10" Mart
2100 JFK Rd
Lee Potter Sr.Lee's 76 & West Locust Mart
408 W. Locust
Loren E. ZihlkeMilk House
2311 Windsor
TFT, LTD.Oky Doky # 2
51 W. 3rd St
Hill Street PlazaOky Doky # 8
535 Hill St
Passed, approved and adopted this 21st day
of February, 1994.
Robert W. Nagle, Mayor Pro-Tem
53Regular Session, February 21, 1994
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Cue Master, Ltd.Cue Master Billiards
900 Central
The Apartments, Ltd.Dubuque Mining Co.
555 JFK Rd
Town Clock Inn, Inc.Town Clock Inn
8th & Main
Passed, approved and adopted this 21st day
of February, 1994.
Robert W. Nagle, Mayor Pro-Tem
Attest:
Mary A. Davis, City Clerk
Council Member Kluesner moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Mayor
Duggan, Council Member Krieg.
Communication of City Manager
recommending to fix a date for a meeting on
the proposition to issue $3,100,000 Essential
Corporate Purpose General Obligation Bonds,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Mayor
Duggan, Council Member Krieg.
RESOLUTION NO. 59-94
RESOLUTION FIXING DATE OF A
MEETING ON THE PROPOSITION OF
THE ISSUANCE OF $3,100,000
GENERAL OBLIGATION BONDS (FOR
AN ESSENTIAL CORPORATE
PURPOSE) OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, it is deemed necessary and
advisable that the City of Dubuque, Iowa,
should issue General Obligation Bonds to the
amount of $3,100,000, as authorized by
Section 384.25, of the Code of Iowa, for the
purpose of providing funds to pay costs of
carrying out an essential corporate purpose
project as hereinafter described; and
WHEREAS, before said bonds may be
issued, it is necessary to comply with the
provisions of said Code, and to publish a
notice of the proposal to issue such bonds and
of the time and place of the meeting at which
the Council proposes to take action for the
issuance of the bonds and to receive oral
and/or written objections from any resident or
property owner of said City to such action;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the
Carnegie Stout Public Library Auditorium,
Dubuque, Iowa, at 7:30 o'clock P.m., on the
7th day of March, 1994, for the purpose of
Regular Session, February 21, 199454
taking action on the matter of the issuance ofbonds or will abandon the proposal to issue
$3,100,000 General Obligation Bonds for ansaid bonds.
essential corporate purpose of said City, theThis notice is given by order of the Council
proceeds of which bonds will be used toof Dubuque, Iowa, as provided by Section
provide funds to pay costs of the construction,384.25 of the Code of Iowa.
reconstruction, and repairing of streetDated this 25th day of February, 1994.
improvements and bridges; the construction,Mary A. Davis
reconstruction, extension, improvement andCity Clerk of Dubuque, Iowa
equipping of works and facilities useful for thePassed, approved and adopted this 21st day
collection and disposal of surface waters andof February, 1994.
streams; the construction, reconstruction,Robert W. Nagle, Mayor Pro-Tem
improvement and extension of works andAttest:
facilities useful for the control of waterMary A. Davis, City Clerk
pollution; and the acquisition, construction andCouncil Member Voetberg moved adoption
equipping of City waterworks and facilitiesof the Resolution. Seconded by Council
useful for providing potable water to cityMember Kluesner. Carried by the following
residents.vote: Yeas—Mayor Pro-Tem Nagle, Council
Section 2. That the Clerk is hereby directedMembers Kluesner, Nicholson, Robbins,
to cause at least on publication to be made ofVoetberg. Nays—None. Absent—Mayor
a notice of said meeting, in a legal newspaper,Duggan, Council Member Krieg.
printed wholly in the English language,Communication of City Manager
published at least once weekly, and havingsubmitting resolutions authorizing the
general circulation in said City, saidpublication of official notices for the public
publication to be not less than four clear dayshearing in connection with adoption of the
nor more than twenty days before the date ofFY'95 City budget, presented and read.
said public meeting on the issuance of saidCouncil Member Voetberg moved that the
bonds.communication be received and filed.
Section 3. The notice of the proposedSeconded by Council Member Kluesner.
action to issue said bonds shall be inCarried by the following vote: Yeas—Mayor
substantially the following form:Pro-Tem Nagle, Council Members Kluesner,
NOTICE OF MEETING OF THE COUNCILNicholson, Robbins, Voetberg. Nays—None.
OF THE CITY OF DUBUQUE, IOWA, ONAbsent—Mayor Duggan, Council Member
THE MATTER OF THE PROPOSEDKrieg.
ISSUANCE OF $3,100,000 GENERAL
OBLIGATION BONDS (FOR ANRESOLUTION NO. 60-94
ESSENTIAL CORPORATE PURPOSE) OFRESOLUTION SETTING THE DATE OF
SAID CITY, AND THE HEARING ON THETHE PUBLIC HEARING ON THE
ISSUANCE THEREOFFISCAL YEAR 1995 BUDGET FOR THE
PUBLIC NOTICE is hereby given that theCITY OF DUBUQUE
Council of the City of Dubuque, Iowa, willWhereas, Section 384.16 of the Code of
hold a public hearing on the 7th day of March,Iowa provides that the City Council shall set a
1994, at 7:30 o'clock P.m., in the Carnegietime and place for a public hearing on the
Stout Public Library Auditorium, Dubuque,budget before the final certification date and
Iowa, at which meeting the Council proposesshall publish notice before the hearing as
to take additional action for the issuance ofprovided in Section 362.3 of the Code of Iowa.
$3,100,000 General Obligation Bonds for anNOW THEREFORE, BE IT RESOLVED
essential corporate purpose of said City, inBY THE CITY COUNCIL OF THE CITY OF
order to provide funds to pay costs of theDUBUQUE, IOWA:
construction, reconstruction, and repairing ofSection 1. That the City Council shall
street improvements and bridges; theconduct a public hearing on the proposed
construction, reconstruction, extension,1994-95 budget of the City of Dubuque at the
improvement and equipping of works andCarnegie Stout Public Library Auditorium,
facilities useful for the collection and disposal360 West 11th Street, Dubuque, Iowa, on
of surface waters; the construction,Monday, March 7, 1994, beginning at 7:30
reconstruction, improvement, and extension ofp.m.
works and facilities useful for the control ofSection 2. That the City Clerk be and is
water pollution; and the acquisition,hereby authorized and directed to publish
construction and equipping of City waterworksaccording to law notice of public hearing
and facilities useful for providing potabletogether with the required budget information.
water to city residents.Passed, approved and adopted this 21st day
At the above meeting the Council shallof February, 1994.
receive oral or written objections from anyRobert W. Nagle, Mayor Pro-Tem
resident or property owner of said City, to theAttest:
above action. After all objections have beenMary A. Davis, City Clerk
received and considered, the Council will atCouncil Member Voetberg moved adoption
this meeting or at any adjournment thereof,of the Resolution. Seconded by Council
take additional action for the issuance of saidMember Kluesner. Carried by the following
55Regular Session, February 21, 1994
vote: Yeas—Mayor Pro-Tem Nagle, Councilsubmission and in the development of any
Members Kluesner, Nicholson, Robbins,revisions, changes or amendments; and
Voetberg. Nays—None. Absent—MayorWhereas, it has been deemed to be in the
Duggan, Council Member Krieg.best interest of the Community Development
Block Grant Program to hold a public hearing
RESOLUTION NO. 61-94to supplement previously held meetings with
SETTING THE DATE OF PUBLICprivate and public agencies, City Manager's
HEARING ON THE FIVE YEARbudget meetings, and the public meeting
CAPITAL IMPROVEMENT PROGRAMconducted by the Community and Economic
Whereas, a proposed five year CapitalDevelopment Department; and
Improvement Program for the City of DubuqueWhereas, it is further deemed to be in the
has been prepared and submitted to the Citybest interest of the City of Dubuque to hold
Council; andsuch public hearing simultaneously with the
Whereas, the capital projects for the firstpublic hearing on the five year Capital
year are included in the Fiscal Year 1995Improvement Program and the Fiscal Year
budget for the City of Dubuque; and1995 budget for the City of Dubuque.
Whereas, it is deemed to be in the bestNOW THEREFORE, BE IT RESOLVED
interest of the City of Dubuque to conduct aBY THE CITY COUNCIL OF THE CITY OF
public hearing and to adopt the five yearDUBUQUE, IOWA:
Capital Improvement Program simultaneouslySection 1. That the City Clerk be and is
with the public hearing and adoption of thehereby authorized and directed to publish
Fiscal Year 1995 budget for the City ofnotice of public hearing in the form of Exhibit
Dubuque."A" attached hereto and made a part thereof.
NOW THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 21st day
BY THE CITY COUNCIL OF THE CITY OFof February, 1994.
DUBUQUE, IOWA:Terrance M. Duggan, Mayor
Section 1. That the City Council shallATTEST:
conduct a public hearing on the five yearMary A. Davis, City Clerk
Capital Improvement Program at the CarnegieCouncil Member Voetberg moved adoption
Stout Public Library Auditorium, 360 Westof the Resolution setting the Public Hearing for
11th Street, Dubuque, Iowa, on Monday,March 7, 1994 at 7:30 p.m. in the Public
March 7, 1994, beginning at 7:30 p.m.Library Auditorium and that the City Clerk be
Section 2. That the City Clerk be and isdirected to publish notice in the manner
hereby authorized and directed to publishprescribed by law. Seconded by Council
notice of the public hearing.Member Kluesner. Carried by the following
Passed, approved and adopted this 21st dayvote: Yeas—Mayor Pro-Tem Nagle, Council
of February, 1994.Members Kluesner, Nicholson, Robbins,
Robert W. Nagle, Mayor Pro-TemVoetberg. Nays—None. Absent—Mayor
Attest:Duggan, Council Member
Mary A. Davis, City ClerkKrieg.
Council Member Voetberg moved adoption
of the Resolution. Seconded by CouncilCommunication of City Manager requesting
Member Kluesner. Carried by the followingpublic hearing on March 7th on proposed
vote: Yeas—Mayor Pro-Tem Nagle, CouncilStatement of Community Development
Members Kluesner, Nicholson, Robbins,Objectives and Projected Use of Funds for the
Voetberg. Nays—None. Absent—MayorCDBG 20th Program Year, presented and
Duggan, Council Member Krieg.read. Council Member Voetberg moved that
the communication be received and filed.
RESOLUTION NO. 62-94Seconded by Council Member Nicholson.
AUTHORIZING PUBLICATION OFCarried by the following vote: Yeas—Mayor
NOTICE OF PUBLIC HEARING FORPro-Tem Nagle, Council Members Kluesner,
THE USE OF COMMUNITYNicholson, Robbins, Voetberg. Nays—None.
DEVELOPMENT BLOCK GRANTAbsent—Mayor Duggan, Council Member
FUNDSKrieg.
Whereas, the City of Dubuque is entitled
under Title I of the Housing and CommunityRESOLUTION NO. 63-94
Development Act of 1974, as amended, toRESOLUTION SETTING THE DATE
certain Community Development Block GrantFOR A PUBLIC HEARING ON THE
funds; andPROPOSED STATEMENT OF
Whereas, the regulations governing theCOMMUNITY DEVELOPMENT
submission of a statement of intent for suchOBJECTIVES AND PROJECTED USE OF
funds require that citizens be provided withFUNDS FOR THE COMMUNITY
adequate information concerning theDEVELOPMENT BLOCK GRANT
Community Development Block Grant(CDBG) 20TH PROGRAM YEAR
Program and an adequate opportunity toWhereas, Section IV, A. of the Community
participate in the development of theDevelopment Block Grant Citizen Participation
Plan for the city of Dubuque provides that the
Regular Session, February 21, 199456
City shall conduct a public hearing on itsMembers Kluesner, Nicholson, Robbins,
Proposed Statement of CommunityVoetberg. Nays—None. Absent—Mayor
Development Objectives and Projected Use ofDuggan, Council Member Krieg.
Funds before submission of a Final Statement
to the U.S. Department of Housing and UrbanCommunication of Zoning Commission
Development; andadvising of their approval to amend Section 8
Whereas, said Citizen Participation Plan"Definitions" of the Zoning Ordinance for
specifies standards for the publication of"Vehicle Service/Repair", presented and read.
notices of such hearings.Council Member Voetberg moved that the
NOW, THEREFORE, BE IT RESOLVEDcommunication be received and filed.
BY THE CITY COUNCIL OF THE CITY OFSeconded by Council Member Kluesner.
DUBUQUE, IOWA:Carried by the following vote: Yeas—Mayor
Section 1. That the City Council shallPro-Tem Nagle, Council Members Kluesner,
conduct a public hearing on the ProposedNicholson, Robbins, Voetberg. Nays—None.
Statement of Community DevelopmentAbsent—Mayor Duggan, Council Member
Objectives and Projected Use of Funds for theKrieg.
Community Development Block Grant 20thAn Ordinance Amending Zoning Ordinance
Program Year at the Carnegie-Stout Publicby adding a new Definition in Section 8 for
Library Auditorium, 360 West 11th Street,"Vehicle Service/Repair", presented and read.
Dubuque, Iowa on Monday, March 7, 1994, atCouncil Member Voetberg moved that this be
7:30 p.m.considered the first reading of the Ordinance
Section 2. That the City Clerk be and isand that it be set for Public Hearing on March
hereby directed to publish notice of said public21, 1994 at 7:30 p.m. in the Public Library
hearing as required by the City of Dubuque'sAuditorium and that the City Clerk publish
Citizen Participation Plan for the Communitynotice in the manner prescribed by law.
Development Block Grant Program.Seconded by Council Member Kluesner.
Passed, approved and adopted this 21st dayCarried by the following vote: Yeas—Mayor
of February, 1994.Pro-Tem Nagle, Council Members Kluesner,
Robert W. Nagle, Mayor Pro-TemNicholson, Robbins, Voetberg. Nays—None.
ATTEST:Absent—Mayor Duggan, Council Member
Mary A. Davis, City ClerkKrieg.
Council Member Voetberg moved adoption
of the Resolution with said Hearing date to beCommunication of Zoning Commission
March 7, 1994 at 7:30 p.m. in the Publicadvising of their approval to provide a
Library Auditorium and that the City Clerk"Restricted Height (RH) Overlay District",
publish notice in the manner prescribed bypresented and read. Council Member
law. Seconded by Council Member Nicholson.Voetberg moved that the communication be
Carried by the following vote: Yeas—Mayorreceived and filed. Seconded by Council
Pro-Tem Nagle, Council Members Kluesner,Member Kluesner. Carried by the following
Nicholson, Robbins, Voetberg. Nays—None.vote: Yeas—Mayor Pro-Tem Nagle, Council
Absent—Mayor Duggan, Council MemberMembers Kluesner, Nicholson, Robbins,
Krieg.Voetberg. Nays—None. Absent—Mayor
Duggan, Council Member Krieg.
Communication of Zoning CommissionAn Ordinance Amending Zoning Ordinance
advising of their approval to reclassifyby adding a new Section 2-5.11 Restricted
property at 3219 Asbury Rd. from R-1 to R-2,Height (RH) Overlay District relating to
presented and read. Council MemberStructure Height in the path of the E-911
Voetberg moved that the communication beCommunication System, presented and read.
received and filed. Seconded by CouncilCouncil Member Voetberg moved that this be
Member Kluesner. Carried by the followingconsidered the first reading of the Ordinance
vote: Yeas—Mayor Pro-Tem Nagle, Counciland that it be set for public hearing on March
Members Kluesner, Nicholson, Robbins,21, 1994 at 7:30 p.m. in the Public Library
Voetberg. Nays—None. Absent—MayorAuditorium and that the City Clerk publish
Duggan, Council Member Krieg.notice in the manner prescribed by law.
An Ordinance Amending Zoning OrdinanceSeconded by Council Member Nicholson.
by reclassifying property at 3219 65 AsburyCarried by the following vote: Yeas—Mayor
Road from R-1 Single-Family ResidentialPro-Tem Nagle, Council Members Kluesner,
District to R-2 Two-Family ResidentialNicholson, Robbins, Voetberg. Nays—None.
District, presented and read. Council MemberAbsent—Mayor Duggan, Council Member
Voetberg moved that this be considered theKrieg.
first reading of the Ordinance and that it be set
for Public Hearing on 3-21-94 at 7:30 p.m. inPrinted Council Proceedings for month of
the Public Library Auditorium and that theMay, 1993 presented for approval. Council
City Clerk publish notice in the mannerMember Voetberg moved that the proceedings
prescribed by law. Seconded by Councilbe approved as printed. Seconded by Council
Member Kluesner. Carried by the followingMember Kluesner. Carried by the following
vote: Yeas—Mayor Pro-Tem Nagle, Councilvote: Yeas—Mayor Pro-Tem Nagle, Council
57Regular Session, February 21, 1994
Members Kluesner, Nicholson, Robbins,Members Kluesner, Nicholson, Robbins,
Voetberg. Nays—None. Absent—MayorVoetberg. Nays—None. Absent—Mayor
Duggan, Council Member Krieg.Duggan, Council Member Krieg.
MINUTES SUBMITTED -- Human RightsCommunication of Corporation Counsel
Commission of 1-10; Transit Board of 1-13;recommending denial of Clothing Damage
Zoning Commission of 2-2, presented andclaim of Shirley A. Straka, presented and read.
read. Council Member Voetberg moved thatCouncil Member Voetberg moved that the
the minutes be received and filed. Secondedcommunication be received and filed and
by Council Member Kluesner. Carried by theapproved recommendation. Seconded by
following vote: Yeas—Mayor Pro-Tem Nagle,Council Member Kluesner. Carried by the
Council Members Kluesner, Nicholson,following vote: Yeas—Mayor Pro-Tem Nagle,
Robbins, Voetberg. Nays—None.Council Members Kluesner, Nicholson,
Absent—Mayor Duggan, Council MemberRobbins, Voetberg. Nays—None.
Krieg.Absent—Mayor Duggan, Council Member
Krieg.
NOTICES OF CLAIMS/SUITS -- Jean
Dalsing in unknown amount for vehicleCommunication of Dubuque Metropolitan
damages; Valerie Dunlap in amount ofArea Solid Waste Agency submitting their
$1700.00 for vehicle damages; Interstateadopted 1995 budget for the landfill and also
Power Company in amount of $543.98 forattaching tipping fee information, presented
property damages; Stacey Leslein in unknownand read. Council Member Voetberg moved
amount for personal injuries; Linda Lochner inthat the communication be received and filed.
amount of $363.53 for backed up sewer Seconded by Council Member Kluesner.
damages; Margaret M. Miller in unknownCarried by the following vote: Yeas—Mayor
amount for personal injuries; Kelli Pitz inPro-Tem Nagle, Council Members Kluesner,
amount of $117.72 for vehicle damages; JudyNicholson, Robbins, Voetberg. Nays—None.
Sinagra in unknown amount for personalAbsent—Mayor Duggan, Council Member
injuries; Michael Weber in amount of $188.85Krieg.
for vehicle damages, presented and read.
Council Member Voetberg moved that theCommunication of Finance Director
claims and suits be referred to the Legal Staffsubmitting Financial Reports for January,
for investigation and report. Seconded by1994, and Proof of Publication on List of
Council Member Kluesner. Carried by theClaims paid for month of December, 1993;
following vote: Yeas—Mayor Pro-Tem Nagle,Proof of Publication on Notice of City Salaries
Council Members Kluesner, Nicholson,for calendar year 1993; Proof of Publication
Robbins, Voetberg. Nays—None.on Notice of Finding of No Significant Effect
Absent—Mayor Duggan, Council Memberon the Environment for CDBG Disaster Relief
Krieg.Project, presented and read. Council Member
Voetberg moved that the communication be
Communications of Corporation Counselreceived and filed. Seconded by Council
advising following claims have been referred toMember Kluesner. Carried by the following
Crawford & Company, the agent for the Iowavote: Yeas—Mayor Pro-Tem Nagle, Council
Communities Assurance Pool: Car damage ofMembers Kluesner, Nicholson, Robbins,
Joanne M. Huss; Personal injury of Shirley A.Voetberg. Nays—None. Absent—Mayor
Eppler; Personal injury of William H.Duggan, Council Member Krieg.
Zimmerman, presented and read. Council
Member Voetberg moved that theIowa DOT submitting "In Matter of the
communications be received and filed. Condemnation of Certain Rights in Land by
Seconded by Council Member Kluesner.IDOT" for Lot 10 of the Subdivision of Lot 1
Carried by the following vote: Yeas—Mayorof the Subdivision of Mineral Lot 68 in the
Pro-Tem Nagle, Council Members Kluesner,City of Dubuque, presented and read. Council
Nicholson, Robbins, Voetberg. Nays—None.Member Voetberg moved that the notice be
Absent—Mayor Duggan, Council Memberreceived and filed. Seconded by Council
Krieg.Member Kluesner. Carried by the following
vote: Yeas—Mayor Pro-Tem Nagle, Council
Communications of Corporation CounselMembers Kluesner, Nicholson, Robbins,
recommending settlement of following claims:Voetberg. Nays—None. Absent—Mayor
Car damage of Bruce Clark in amount ofDuggan, Council Member Krieg.
$601.20; Car damage of Julie R. Schmidt in
amount of $530.06, presented and read.Communication of Interstate Power
Council Member Voetberg moved that theCompany submitting their acceptance of
communications be received and filed andcontents of Ordinance No. 58-93 "Granting an
approved with Finance Director to issue properElectric Franchise for a 25 year period",
check. Seconded by Council Memberpresented and read. Council Member
Kluesner. Carried by the following vote:Voetberg moved that the communication be
Yeas—Mayor Pro-Tem Nagle, Councilreceived and filed. Seconded by Council
Regular Session, February 21, 199458
Member Kluesner. Carried by the followingAttest:
vote: Yeas—Mayor Pro-Tem Nagle, CouncilMary A. Davis, City Clerk
Members Kluesner, Nicholson, Robbins,Council Member Voetberg moved adoption
Voetberg. Nays—None. Absent—Mayorof the Resolution. Seconded by Council
Duggan, Council Member Krieg.Member Kluesner. Carried by the following
vote: Yeas—Mayor Pro-Tem Nagle, Council
Communication of Library BoardMembers Kluesner, Nicholson, Robbins,
requesting approval to transfer monies fromVoetberg. Nays—None. Absent—Mayor
the salaries budget to the Capital ImprovementDuggan, Council Member Krieg.
Program budget to use for Computer
Hardware, presented and read. CouncilCommunication of League of Iowa
Member Voetberg moved that theMunicipalities requesting that Council Member
communication be received and filed andNicholson serve as a member of the 1994
approved. Seconded by Council MemberNominating Committee, presented and read.
Kluesner. Carried by the following vote:Council Member Voetberg moved that the
Yeas—Mayor Pro-Tem Nagle, Councilcommunication be received and filed and
Members Kluesner, Nicholson, Robbins,approved. Seconded by Council Member
Voetberg. Nays—None. Absent—MayorKluesner. Carried by the following vote:
Duggan, Council Member Krieg.Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,
Communication of City ManagerVoetberg. Nays—None. Absent—Mayor
recommending approval to execute an AccessDuggan, Council Member Krieg.
Agreement for the Underground Storage Tank
Program, presented and read. CouncilCommunication of City Manager
Member Voetberg moved that therecommending approval of a contract with the
communication be received and filed.Iowa Department of Public Health for funding
Seconded by Council Member Kluesner.of Local AIDS Programs with the Dubuque
Carried by the following vote: Yeas—MayorRegional AIDS Coalition, presented and read.
Pro-Tem Nagle, Council Members Kluesner,Council Member Voetberg moved that the
Nicholson, Robbins, Voetberg. Nays—None.communication be received and filed.
Absent—Mayor Duggan, Council MemberSeconded by Council Member Kluesner.
Krieg.Carried by the following vote: Yeas—Mayor
Pro-Tem Nagle, Council Members Kluesner,
RESOLUTION NO. 64-94Nicholson, Robbins, Voetberg. Nays—None.
Whereas, Twin City Testing CorporationAbsent—Mayor Duggan, Council Member
has requested permission from the City ofKrieg.
Dubuque to perform soil borings and to install
monitoring wells on various sites included inRESOLUTION NO. 65-94
the Iowa Underground Storage Tank ProgramA RESOLUTION AUTHORIZING THE
for leaking underground storage tanks; andCITY MANAGER OR HIS DESIGNEE TO
Whereas, a License Agreement Right ofSIGN A CONTRACT WITH THE IOWA
Entry for Site Assessment has been preparedDEPARTMENT OF PUBLIC HEALTH
outlining the responsibilities of Twin CityFOR FUNDING A LOCAL AIDS
Testing in the performance of soil borings andCOALITION PROGRAM.
installation of monitoring wells on public right-Whereas, the Iowa Department of Public
of-ways; andHealth has offered to provide financial support
Whereas, the performance of the activitiesfor local AIDS Programs in the City of
of Twin City Testing will be at no cost orDubuque; and
expense to the City and all work will beWhereas, the City of Dubuque desires to
performed by the Licensee or its employees,establish and maintain such local AIDS
agents, or subcontractors; andPrograms; and
Whereas, it is the desire of the City CouncilWhereas, the Iowa Department of Public
to enter into said License Agreement for theHealth has presented the City Health Services
installation soil borings and monitoring wellsDivision a proposed contract for funding, a
on public right-of-way as requested.copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVEDNOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFBY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:DUBUQUE, IOWA:
Section 1. That the License Agreement forSection 1. That the City of Dubuque, Iowa,
Right of Entry for Site Assessment be and thehereby approves the attached AIDS coalition
same is hereby approved.contract between the Iowa Department of
Section 2. That the Mayor be and is herebyPublic Health and the City of Dubuque, Iowa.
authorized to execute said License AgreementSection 2. That the City Manager or his
for and on behalf of the City Council.designee is hereby authorized and directed to
Passed, approved and adopted this 21st dayexecute said contracts on behalf of the City of
of February, 1994.Dubuque, Iowa.
Robert W. Nagle, Mayor Pro-Tem
59Regular Session, February 21, 1994
Passed, approved and adopted this 21st dayCouncil Member Voetberg moved adoption
of February, 1994.of the Resolution. Seconded by Council
Robert W. Nagle, Mayor Pro-TemMember Kluesner. Carried by the following
Attest:vote: Yeas—Mayor Pro-Tem Nagle, Council
Mary A. Davis, City ClerkMembers Kluesner, Nicholson, Robbins,
Council Member Voetberg moved adoptionVoetberg. Nays—None. Absent—Mayor
of the Resolution. Seconded by CouncilDuggan, Council Member Krieg.
Member Kluesner. Carried by the following
vote: Yeas—Mayor Pro-Tem Nagle, CouncilCommunication of HUD advising of
Members Kluesner, Nicholson, Robbins,approval of the City's FY'94 Comprehensive
Voetberg. Nays—None. Absent—MayorHousing Affordability Strategy as submitted,
Duggan, Council Member Krieg.presented and read. Council Member
Voetberg moved that the communication be
Communication of City Manager requestingreceived and filed. Seconded by Council
approval to execute a CDBG Agreement withMember Kluesner. Carried by the following
HUD, presented and read. Council Membervote: Yeas—Mayor Pro-Tem Nagle, Council
Voetberg moved that the communication beMembers Kluesner, Nicholson, Robbins,
received and filed. Seconded by CouncilVoetberg. Nays—None. Absent—Mayor
Member Kluesner. Carried by the followingDuggan, Council Member Krieg.
vote: Yeas—Mayor Pro-Tem Nagle, Council
Members Kluesner, Nicholson, Robbins,There being no further business, Council
Voetberg. Nays—None. Absent—MayorMember Voetberg moved to adjourn.
Duggan, Council Member Krieg.Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
RESOLUTION NO. 66-94Pro-Tem Nagle, Council Members Kluesner,
RESOLUTION AUTHORIZING THENicholson, Robbins, Voetberg. Nays—None.
EXECUTION OF A COMMUNITYAbsent—Mayor Duggan, Council Member
DEVELOPMENT BLOCK GRANTKrieg. Meeting adjourned at 8:55 p.m.
AGREEMENT WITH THE U.S.Mary A. Davis CMC
DEPARTMENT OF HOUSING ANDCity Clerk
URBAN DEVELOPMENT FOR
DISASTER RELIEF FUNDS
Whereas, under provisions of the allocation
of supplemental Community Development
Block Grant funds for Disaster Relief Funds,
the City of Dubuque prepared and submitted a
Final Statement on January 7, 1994; and
Whereas, the submission has been
approved by the Department of Housing and
Urban Development in the amount of
$188,000; and
Whereas, a Grant Agreement covering the
activities proposed to be carried out with
Community Development Block Grant funds
has been tendered the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant Agreement,
authorized by the U.S. Department of Housing
and Urban Development on February 2, 1994,
for a Community Development Block Grant to
the City of Dubuque in the amount of
$188,000 is hereby accepted.
Section 2. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute a Community Development
Block Grant Agreement identified as Grant
Agreement B-93-MF-19-0004 for submission
to the U.S. Department of Housing and Urban
Development.
Passed, approved and adopted this 21st day
of February, 1994.
Robert W. Nagle, Mayor Pro-Tem
Attest:
Mary A. Davis, City Clerk
Approved ______________________, 1995.
Regular Session, February 21, 199460
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk