1994 October Council ProceedingsRegular Session, October 3, 1994 326
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 3,
1994
Council met at 7:30 p m., Public Library
Auditorium
Present _ Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg,
City Manager Michael Van Milligen, Assistant
City Attomey James O'Brien
Absent _ Council Member Nagle
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called for
the purpose to act upon such business which may
properly come before the Council.
Invocation was given by Rev Mel Hooter,
Pastor of Dubuque Baptist Church
PROCLAMATIONS — Month of October as
"Physical Therapy Month"; October 9 as "CROP
Walk Day in Dubuque", October 12 as
"Emergency Nurses Day" received by Kim
Steinerand October 15 as "White Cane Safety
Day" received by Thelma Kurt, Kent Hinsley and
Cheryl Parker.
Council Member Voetberg moved that the rules
be suspended to allow anyone present to address
the Council if they so desire
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to consider
amending Conceptual Development Plan for the
Terrace Heights PR Planned Residential District
on Peru Road; Communication of WHKS & Co.
requesting amendment to original ordinance
regarding spacing of required trees: and
Information submitted on landscaping
recommendations for the above request, presented
and read. Council Member Voetberg moved that
the proof and communication be received and
filed Seconded by Council Member Kluesner
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg Nays—None
Absent—Council Member Nagle
An Ordinance Amending the Conceptual
Development Plan for the Terrace Heights PR
Planned Residential District on Penn Road, said
Ordinance having been presented and read at the
Council Meeting of 9-19-94, now presented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 51-94
AN ORDINANCE AMENDING APPENDIX
(THE ZONING ORDINANCE) OF THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY AMENDING A
CONCEPTUAL DEVELOPMENT PLAN
FOR THE TERRACE HEIGHTS PR
PLANNED RESIDENTIAL DISTRICT ON
PERU ROAD IN THE CITY OF DUBUQUE,
IOWA.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That Appendix A (The Zoning
Ordinance) be amended by amending the
conceptual development plan for the following
described property, to wit
Lot 2 of 1 of D of Terrace Heights Subdivision
in the City of Dubuque, Iowa and extending to the
center line of any abutting public right-of-way.
Section 2 That in order to accomplish the
purposes of the PR Planned Residential District,
and the Zoning Ordinance of the City of Dubuque,
Iowa, the use and improvement of the hereinabove
described PR Planned Residential District shall be
subject to the submitted conceptual development
plan and to the following conditions and
restrictions
A Use Regulations
The following regulations shall apply to all
uses made of land in the above described PR
Planned Residential District
1) The principal permitted use shall be
limited to mobile home park/subdivision
2) Accessory uses shall be limited to any use
customarily incidental and subordinate to
the principal use it serves_
3) No contingency uses will be allowed
S_ Bulk Regulations
The bulk regulations in this particular PR
Planned Residential District shall be as
follows
Lot Area 5,000 sq. if
Lot Frontage 50 ft
Lot Coverage as % Lot Area
40%
Setbacks:
Front 10 ft.
Side 6 ft.
Rear 10 ft.
Building Height
20 if
C Parking Requirements
The following regulations shall apply to
all parking areas in the above described
PR Planned Residential District
1) The off-street parking requirements for the
principal permitted use shall be two (2)
spaces/dwelling unit
2) No on -street parking will be permitted in
this PR District The property owner shall
install signs to this effect along the street
in this PR District
D. Sims
The sign regulations in this particular PR
Planned Residential District shall be the
same as that which is allowed in the R-4
Multi -Family Residential District as
established in Section 4-311 Schedule of
Sign Regulations of the Zoning Ordinance
of the City of Dubuque, Iowa.
E Site Development Standards
The site development standards for this
PR Planned Residential District shall be
as follows
1) A final site development plan shall be
submitted in accordance with Section 4-4
of the Zoning Ordinance of the City of
Dubuque, Iowa.
327 Regular Session, October 3, 1994
2) All outside rubbish, storage and garbage
collection areas shall be permanently
screened from view to a height of at least
six (6) feet, as set forth in Section 4-4 6(3)
of the Zoning Ordinance of the City of
Dubuque, Iowa.
3) All slopes which exceed ten (10) percent
shall be stabilized with appropriate
ground cover as set forth in Section 4-
4 6(2) of the Zoning Ordinance of the
City of Dubuque, Iowa.
4) All utility transmission systems shall be
placed underground.
5) Adequate illumination shall be provided
to streets, sidewalks, and all areas for
vehicular and pedestrian circulation, and
shall be directed so as not to interfere with
the use and enjoyment of adjacent
properties_
6) Landscaping shall be installed as set forth
in Section 4-5.3 of the Zoning Ordinance
of the City of Dubuque, Iowa. In
addition, the conceptual development plan
shall show, and installation shall be
required, the establishment of screening
adjacent to Pen Road running behind
mobile home lots 41-14 and 33 and along
the side of Lot 15, except where a
visibility triangle must be maintained at
street/driveway intersections, to consist of
a 3 foot high earthen bem landscaped
with techny arborvitae plantings spaced
six (6) feet apart of at least 50% opacity at
the time of installation and 75% opacity
within three (3) years of installation and
of at least five (5) feet in height at the time
of installation and with the potential to
grow in excess of ten (10) feet within five
(5) years to be planted along the top of the
berm.
7) Outside storage area shall be accessed
from cul-de-sac and shall be fenced to a
height of ten (10) feet Screening shall be
installed on the north and east side of the
storage area and shall consist of a three
(3) foot high earthen berm landscaped
with techny arborvitae plantings spaced
six (6) feet apart of at least fifty percent
(50%) opacity at the time of installation
and at least seventy-five percent (75%)
opacity within three (3) years of
installation and of at least five (5) feet in
height at the time of installation and with
the potential to grow in excess of ten (10)
feet within five (5) years to be planted
along the top of the berm.
F_ Performance Standards
The development and maintenance of uses
in this PR Planned Residential District
shall be established in conformance with
the standards of Section 3-5 4E of the
Zoning Ordinance of the City of
Dubuque, Iowa.
G. Time Limitation
The timetable for construction and
submittal of a final site development plan
shall be established in conformance with
the following standards_
1) The conceptual development plan shall be
valid for a period of three (3) years from
the date of adoption of this ordinance
Ii Transfer of Ownership
Transfer of ownership or lease of progeny
in this PR Planned Residential District
shall include in the transfer or lease
agreement a provision that the purchaser
or lessee acknowledges awareness of the
conditions authorizing the establishment
of this district
I. Open Space
Those areas designated on the conceptual
development plan for this particular PR
Planned Residential District as "Open
Space" shall be maintained as open space
as defined by Section 8 of the Zoning
Ordinance of the City of Dubuque, Iowa
and shall be planted with appropriate
coniferous or deciduous trees
I Streets
The cul-de-sac street installed in this
particular PR Planned Residential District
connecting to Peru Road at the north end
of this project, shall be constructed and
maintained as a paved, private street, with
curb and gutter, in accordance with the
City of Dubuque specifications by the
property owner and/or association If not
SO maintained, the City of Dubuque may
do so at the expense of the property owner
and/or association
K Utility and Drainage Plans
Utility plans must be submitted before
final site development plan approval All
utility extensions shall be constructed and
maintained in accordance with the City of
Dubuque specifications by the property
owner and/or association A grading and
drainage plan which meets the City of
Dubuque specifications, including design
plans for culverts, must be submitted
before final site development plan
approval.
Section 3 A final site development plan shall
be approved by the City Planner if found to be in
conformance with the conceptual development
plan. If found to be in conformance with said plan,
the issuance of building permits shall be permitted
Following approval of a final site development
plan, no construction may take place except in
substantial conformance with such plan
Passed, approved and adopted this 3rd day of
October, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 51-94
I, Ken Shouse, having read the tams and
conditions of the foregoing Ordinance No 51-94
and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 12th day of
October, 1994.
Ey /s/ Ken Shouse, Area Manager
/s/ ROC Communities, Inc
Published officially in the Telegraph Herald
newspaper this 24th day of October, 1994
It 10124 Mary A Davis, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Kluesner Carried by the
Regular Session, October 3, 1994 328
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle.
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Nagle
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to reclassify
property located on the South side of North
Cascade Road by Cedar Cross Road and Fremont
Ave from AG and R-1 District to R-2 District,
presented and read Council Member Voetberg
moved that the proof be received and filed.
Seconded by Council Member Kluesner Can'ied
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Nagle
An Ordinance Amending Zoning Map by
reclassifying property located on the South Side of
North Cascade Road by Cedar Cross Road and
Fremont Avenue from AG Agricultural District
and R-1 Single -Family Residential District to R-2
Two -Family Residential District, said Ordinance
having been presented and read at the Council
Meeting of 9-19-94, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 52-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED ON THE SOUTH SIDE OF
NORTH CASCADE ROAD BY CEDAR
CROSS ROAD AND FREMONT AVENUE
FROM AG AGRICULTURAL DISTRICT
AND R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO R-2 TWO-FAMILY
RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the
hereinafter described property from AG
Agricultural District to R-2 Two -Family
Residential District, to wit
All of Lot 1 of Lot 1 of the SW 1/4 of the SE 1/4
of Section 34, Township 89 N, Range 2E of the
5th Principal Meridien, and to the center line of the
adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2 That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the
hereinafter described property from R-1
Family Residential Residential District to R-2 Two -Family
Residential District, to wit
Commencing at the southwest corner of Lot H
of Fremont Heights, thence north 00 degrees
09'-27" east to the northeast corner of said lot e
distance of 384 35 feet thence north 89 degrees
55'-47" west along north line of said lot e
distance of 289 58 feet thence south 00
degrees 09'-27" west to a point on the south line
of said lot a distance of 33859 feet thence
south 81 degrees 05'-34" west along the south
line of said lot a distance of 293 24 feet to the
point of beginning, all in the City of Dubuque,
Iowa.
Section 3 The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa
Section 4 This ordinance shall take effect
immediately upon publication, as provided by law.
Passed, approved and adopted this 3rd day of
October, 1994.
Terence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of October, 1994
It 10/10 Mary A Davis, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Kluesner Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle.
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Nagle
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to amend
Zoning Map by reclassifying property located at
450/480 Fremont and Pulpit Rock Lane from PR
to ID District, presented and read Council
Member Voetberg moved that the proof be
received and filed. Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
Roger Field of Wartburg Seminary requested
approval of the proposed rezoning.
An Ordinance Amending Zoning Map by
reclassifying property located at 450/480 Fremont
and Pulpit Rock Lane from PR Planned
Residential District to ID Institutional District and
adopting a Conceptual Development Plan, with
Conditions, said Ordinance having been presented
and read at the Council Meeting of 9-19-94, now
presented for further action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 53-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 450/480 FREMONT AND
PULPIT ROCK LANE FROM PR PLANNED
RESIDENTIAL DISTRICT TO ID
INSTITUTIONAL DISTRICT AND
ADOPTING A CONCEPTUAL
329 Regular Session, October 3, 1994
DEVELOPMENT PLAN, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That Appendix A (the Zoning
Ordinance) of the Dubuque Code of Ordinances be
amended by reclassifying hereinafter described
property at 4501480 Fremont and Pulpit Rock
Lane from PR Planned Residential District to ID
Institutional District and adopting a conceptual
development plan, a copy of which is attached to
and made a part hereof, to wit:
Lot 1 of part of Mineral Lot 130, except part in
railroad right-of-way and part in Fremont
Avenue, Lot 2 of Lot 2 of Lot 1 of Lot 4 of
Mineral Lot 122, and Lot 2 of Lot 1 of Lot 1 of
Mineral Lot 140, to the center line of the
adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2 That pursuant to Iowa Code Section
414 5(1993), and as an express condition of the
reclassification, the undersigned property owner(s)
agree(s) to the following conditions, all of which
the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public needs
that are caused directly by the zoning
reclassification
A Use Regulations_
The following regulations shall apply to
all uses made of land in the above
described ID Institutional District
1) Principal permitted uses shall be limited to
a) Four buildings containing 12
dwelling units each and two
buildings containing 6 units each for
housing of institutional residents or
affiliates
2) Accessory uses shall include any use
customarily incidental and subordinate to
the principal use it serves_
a) All uses customarily incidental to the
principal permitted use in
conjunction with which such
accessory use is operated or
maintained, but not to include
commercial uses outside the
principal building.
3) No conditional uses will be allowed
B_ Lot and Bulk Regulations_
Development of land in the ID
Institutional District shall be regulated as
follows
1) Building height for the multi -family
dwellings shall be a maximum 30 feet
2) All building structures and activities shall
be located in conformance with the
attached conceptual development plan and
all final site development plans are to be
approved in accordance with provisions of
the ID Institutional District
C Site Development Standards
The site development standards for this ID
Institutional District shall be established
as follows_
1) The landscaping and screening
requirement shall be established in
accordance with the requirements of
Section 4-5 of the Zoning Ordinance of
the City of Dubuque, Iowa.
2) All other site development standards of
Section 4-4 shall apply
3) Sidewalks shall be provided
4) Those areas not designated on the
amended conceptual development plan for
development shall be maintained as open
space, as defined in Section 8 of the
Zoning Ordinance of the City of
Dubuque, Iowa by property owner.
D_ Parking Requirements_
The off-street parking requirements for the
principal permitted uses for the herein
described development shall be 15 spaces
for each dwelling unit.
E Performance Standards
The development and maintenance of uses
in this ID Institutional District shall be
established in conformance with Section
3-5.2 of the Zoning Ordinance and the
following standards_
1) The phasing of the development shall
occur as described on the attached
amended conceptual development plan,
with all site improvements to be
completed for each phase.
2) The parking areas and private street shall
be hard surfaced and constructed as per
City Fneineering specifications
3) Final site development plans shall be
submitted in accordance with Section 4-4
of the Zoning Ordinance.
F_ Sign Regulations_
The sign regulations shall be a maximum
of one freestanding sign of 32 square feet
maximum and a maximum height of 10
feet and one wall -mounted sign per
building with a maximum of 10 square
feet
G_ Additional Standards
1) The conceptual development plan shall be
valid for a period of ten (10) years
provided final site development plan(s)
istare submitted within two years from the
date of approval.
2) That all previously approved conceptual
development plans are hereby amended to
allow for the attached conceptual
development plan.
H Transfer of Ownership
Transfer of ownership or lease of progeny
in this ID Institutional District shall
include in the transfer or lease agreement
a provision that the purchaser or lessee
acknowledges awareness of the conditions
authorizing the establishment of the
district
L Reclassification of Subject Property
The City of Dubuque, Iowa, may initiate
zoning reclassification proceedings to the
PR Planned Residential District in
accordance with Section 6 of the Zoning
Ordinance if the property owner(s) fail(s)
to complete any of the conditions of this
ordinance.
I Modifications
Any modifications of this Ordinance must
be approved by the City Council in
accordance with zoning reclassification
proceedings of Section 6 of the Zoning
Ordinance.
K. Recording.
A copy of this ordinance shall be recorded
at the expense of the property owner(s)
with the Dubuque County Recorder as a
permanent record of the conditions
accepted as part of this reclassification
Regular Session, October 3, 1994 330
approval within ten (10) days of the
adoption of this ordinance This
ordinance shall be binding upon the
undersigned and all his/her heirs,
successors and assignees.
Section 3 That the foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa
Section 4 That the foregoing amendment shall
take effect upon publication, as provided by law.
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
ATTEST:
Mary A Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 53-94
I/We, Wartburg Seminary, property os er(s),
having read the tams and conditions of the
foregoing Ordinance No. 53-94 and being familiar
with the conditions thereof, hereby accept this
same and agree to the conditions required therein
Dated in Dubuque, Iowa this 3rd day of
October, 1994.
By is/Kenneth I Helmke, Treasurer
Wartburg Seminary
Published officially in the Telegraph Herald
newspaper the 10th day of October, 1994
It 10/10 Mary A Davis, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Robbins Carried by the
following vote_ Yeas -Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays -None Absent -Council
Member Nagle.
Council Member Kluesner moved final
consideration and passage of the Ordinance
Seconded by Council Member Robbins Carried
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
Proofs of Publication certified to by the
Publisher on Notice of Public Hearings to amend
the Zoning Ordinance pertaining to Retail
Sales/Service for the C-3 General Commercial
District, C-4 Downtown Commercial District, C-5
Business District, and CR Commercial Recreation
District, presented and read Council Member
Voetberg moved that the proof be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas -Mayor
Duggan, Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg Nays -None
Absent -Council Member Nagle
An Ordinance Amending Zoning Ordinance by
adopting a new Section 3-3.3(B) in lieu thereof
pertaining to Retail Sales/Service for the C-3
General Commercial District, said Ordinance
having been presented and read at the Council
Meeting of 9-19-94, now presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 54-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY REPEALING SECTION
3-3.3(B) PRINCIPAL PERMITTED USES
AND ADOPTING SECTION 3-3.3(B) IN
LIEU THEREOF PERTAINING TO RETAIL
SALES/SERVICE FOR THE C-3 GENERAL
COMMERCIAL DISTRICT.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by repealing Section 3-3.3(b)
Principal Permitted Uses and adopting the
following new Section 3-3.3(b) in lieu thereof
(B) Principal Permitted Uses The following
uses shall be permitted in the C-3 District
(1) Railroads and public or quasi -public
utilities including substations [47]_
(2) Residential uses above the first floor only
[6].
(3) Mortuary/funeral home [6].
(4) Museum/library [13].
(5) Schools of private instruction [4].
(6) Private club [20].
(7) General offices [14].
(8) Medical offnce/clinic [36].
(9) Dental/medical lab [8].
(10) Personal services [14].
(11) Barber/beauty shops [16]
(12) Motel [24].
(13) Gas station [18].
(14) Retail sales/service [17].
(15 Laundry/dry cleaner [19].
(16) Shoe repair [18]
(17) Bakery (wholesale/commercial) [19]
(18) Indoor restaurant [20].
(19) Bar/tavern [20].
(20) Automated gas station [18].
(21) Service station [21].
(22) Supermarket [17].
(23) Tailoring/alterations [18].
(24) Furniture/home furnishing [27].
(25) Appliance sales/service [27].
(26) Catalog center [23].
(27) Drive-in/carry-out restaurant [28].
(28) Drive -up automated bank teller [8].
(29) Self-service carwash [8].
(30) Animal hospital/clinic [23].
(31) Laundromat [22].
(32) Furniture upholstery/repair [18].
(33) Artist studio [5].
(34) Photographic studio [23].
(35) Neighborhood shopping center [17].
(36) Business services [29].
(37) Department stores/sixty thousand
(60,000) square feet maximum [17].
(38) Hotels [30].
(39) Auditoriums/assembly halls [20].
(40) Indoor theater [48].
(41) Banksnavings and loans, and credit
unions [31].
(42) Indoor amusement center [23].
(43) Vending/game machine sales and service
[19].
(44) Indoor recreation facilities [37].
(45) Mail-order houses [23].
(46) Lumberyards/building materiels sales
[19].
331 Regular Session, October 3, 1994
(47) Construction supply sales and service
[19].
(48) Printing/publishing [32].
(49) Moving/storage facilities [33].
(50) Full-service carwash [8].
(51) Auto service centers (TBA) [34].
(52) Auto saleslsevice [38]_
(53) Auto repair/body shop [35]
(54) Nuck saleslervice and repair [39].
(55) Fern) implement sales and service [39].
(56) Mobile home sales [40].
(57) Motorcycle sales and service [41].
(58) Boat sales and service [40].
(59) Recreational vehicles sales and service
[38].
(60) Vehicle renal [47].
(61) Upholstery shop [42].
(62) Local shopping center [17].
(63) Parking structures [NIA]
(64) Contractor shop/yard [33].
(65) Wholesale sales/distributor [29].
(66) Agricultural supply sales [19].
[ ] Parking group -See Section 4-2 of
this ordinance
Section 2 This ordinance has heretofore been
reviewed by the Zoning Commission of the City of
Dubuque, Iowa.
Section 3 This ordinance shall take effect
immediately upon publication, as provided by law.
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
the 10th day of October, 1994.
It 10110 Mary A Davis, City Clerk
Council Member Voetberg moved that the
requirement that the proposed Ordinances be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
they are to be finally passed be suspended
Seconded by Council Member Nicholson earned
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
Council Member Voetberg moved final
consideration and passage of the Ordinances
Seconded by Council Member Nicholson earned
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
An Ordinance Amending Zoning Ordinance by
adopting a new Section 3-3 4(B) in lieu thereof
pertaining to Retail Sales/Service for the C-4
Downtown Commercial District, said Ordinance
having been presented and read at the Council
Meeting of 9-19-94, now presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 55-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY REPEALING SECTION
3-3.4(B) PRINCIPAL PERMITTED USES
AND ADOPTING SECTION 3-3.4(B) IN
LIEU THEREOF PERTAINING TO RETAIL
SALES/SERVICE FOR THE C-4
DOWNTOWN COMMERCIAL DISTRICT.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by repealing Section 3-3 4(b)
Principal Permitted Uses and adopting the
following new Section 3-3 4(b) in lieu thereof
(B) Principal Permitted Uses The following
uses shall be permitted in the C-4 District
(1) Churches, convents, and monasteries [7]
(2) Public and private/parochial schools
approved by Iowa State Board of Public
Instruction (K-12) [10].
Public or private parks, golf courses, or
similar natural recreation areas [47].
(4) Railroads and public or quasi -public
utilities including substations [47]_
(5) Residential uses above the first floor only
[6].
(6) Housing for the elderly and persons with
disabilities (not identified with (5) above)
[3]-
(7) Mortuaries/funeral home [12]
(8) Noncommercial art galleries [13].
(9) Museum/libraries [13].
(10) Schools of private instruction [4].
(11) Private clubs [20].
(12) General offices [14].
(13) Medical office/clinic [36].
(14) Dental/medical lab [8].
(15) Personal services [14].
(16) Barberbeauty shops [16].
(17) Motel [24].
(18) Gas station [18].
(19) Shoe repair [18]
(20) Laundry/drycleaner [19].
(21) Bakery (wholesale/commercial) [19].
(22) Retail sales/service [17]
(23) Indoor restaurant [20].
(24) Bar/tavern [20].
(25) Automated gas station [18].
(26) Service station [21].
(27) Supermarket [17].
(28) Tailoring/alterations [18].
(29) Furniture/home furnishing [27].
(30) Appliance sales/ervice [27].
(31) Catalog center [23].
(32) Animal hospital/clinic [23].
(33) Laundromat [22].
(34) Furniture upholstery/repair [18].
(35) Artist studio [5].
(36) Photographic studio [23].
(37) Neighborhood shopping center [23].
(38) Business services [29].
(39) Department storess/sixty thousand
(60,000) square feet maximum [17].
(40) Hotels [30].
(41) Auditoriums/assembly halls [20].
(42) Indoor theater [48].
(43) Bankss/savings and loans, and credit
unions [31].
(44) Indoor amusement center [23].
(45) Vending/game machine sales and service
[19].
(46) Indoor recreation facilities [37].
(47) Mail-order houses [23].
(48) Construction supplies sales and service
[19].
(49) Printing/publishing [32].
(50) Upholstery shop [42].
(51) Parking structures [NIA]
(52) Contractor shop/yard [33].
(3)
Regular Session, October 3, 1994 332
(53) Wholesale sales/distributor [29].
(54) Agricultural supply sales [19].
(55) Vocational school [45].
(56) Business/secretarial school [45].
(57) Off-street parking lot [NN/A].
[ ] Parking group -See Section 4-2 of
this ordinance
Section 2 This ordinance has heretofore been
reviewed by the Zoning Commission of the City of
Dubuque, Iowa.
Section 3 This ordinance shall take effect
immediately upon publication, as provided by law.
Passed, approved and adopted this 3rd day of
October, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper the 10th day of October, 1994
It 10110 Mary A Davis, City Clerk
Council Member Voetberg moved that the
requirement that the proposed Ordinances be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
they are to be finally passed be suspended
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
Council Member Voetberg moved final
consideration and passage of the Ordinances
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
An Ordinance Amending Zoning Ordinance by
adopting a new Section 3-3.5(B) in lieu thereof
pertaining to Retail Sales/Service for the C-5
Business District, said Ordinance having been
presented and read at the Council Meeting of 9-19-
94, now presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 56-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY REPEALING SECTION
3-3.5(B) PRINCIPAL PERMITTED USES
AND ADOPTING SECTION 3-3.5(B) IN
LIEU THEREOF PERTAINING TO RETAIL
SALES/SERVICE FOR THE C-5 BUSINESS
DISTRICT.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by repealing Section 3-3.5(b)
Principal Permitted Uses and adopting the
following new Section 3-3.5(b) in lieu thereof
(B) Principal Permitted Uses The following
uses shall be permitted in the C-5 District
(1) Railroads and public or quasi -public
utilities including substations [47]_
(2) Residential uses above the first floor only
[6].
Housing for the elderly and persons with
disabilities [3].
(4) Noncommercial art galleries [13].
(3)
(5) Museum/libraries [13].
(6) Schools of private instruction [4].
(7) Private clubs [20].
(8) General offices [14].
(9) Medical office/clinic [36].
(10) Dental/medical lab [8].
(11) Personal services [14].
(12) Barberbeauty shops [16]
(13) Motel [24].
(14) Gas station [18].
(15) Laundry/drycleaner [19].
(16) Shoe repair [18]
(17) Retail sales/service [17].
(18) Indoor restaurant [20].
(19) Bar/tavem [20].
(20) Automated gas station [18].
(21) Service station [21].
(22) Supermarket [17].
(23) Tailoring/alterations [18].
(24) Furniture/home furnishing [27].
(25) Appliance sales/service [27].
(26) Catalog center [23].
(27) Carty -out restaurant (not including drive -
i)) [28]_
(28) Artist studio [5].
(29) Photographic studio [23].
(30) Business services [29].
(31) Hotels [30].
(32) Auditoriums/assembly halls [20].
(33) Indoor theater [48].
(34) Banks/savings and loans, and credit
unions [31].
(35) Indoor amusement center [23].
(36) Indoor recreation facilities [37].
(37) Printing/publishing [32].
(38) Parking structures [NN/A].
(39) Sports arenas [26].
(40) Department stores [17].
(41) Convention center [20].
(42) Regional shopping center [43].
(43) Vocational school [45].
(44) Business/secretarial school [45].
[ ] Parking group -See Section 4-2 of
this ordinance
Section 2 This ordinance has heretofore been
reviewed by the Zoning Commission of the City of
Dubuque, Iowa.
Section 3 This ordinance shall take effect
immediately upon publication, as provided by law.
Passed, approved and adopted this 3rd day of
October, 1994.
Terence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of October, 1994
It 10/10 Mary A Davis, City Clerk
Council Member Voetberg moved moved that
the requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
Is to be finally passed be suspended Seconded by
Council Member Nicholson Carried by the
following vote_ Yeas -Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays -None Absent -Council
Member Nagle.
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
333 Regular Session, October 3, 1994
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
An Ordinance Amending Zoning Ordinance by
enacting a new Section 3-3.7(B) in lieu thereof
pertaining to Retail Sales/Service for the CR
Commercial Recreation District, said Ordinance
having been presented and read at the Council
Meeting of 9-19-94, now presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 57-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY REPEALING SECTION
3-3.7(B) PRINCIPAL PERMITTED USES
AND ADOPTING SECTION 3-3.7(B) IN
LIEU THEREOF PERTAINING TO RETAIL
SALES/SERVICE FOR THE CR
COMMERCIAL RECREATION DISTRICT.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 Appendix A (the Zoning Ordinance)
of the City of Dubuque Code of Ordinances is
hereby amended by repealing Section 3-3.7(B)
Principal Permitted Uses and adopting the
following new Section 3-3.7(B) in lieu thereof
(B) Principal Permitted Uses The following
uses shall be permitted in the CR District
(1) Public or private parks, golf courses, or
similar natural recreation areas [47].
(2) Railroads and public or quasi -public
utilities including substations [47].
(3) Noncommercial art galleries [13].
(4) Museum/libraries [13].
(5) Private clubs [20].
(6) General offices [14].
(7) Personal services [14].
(8) Off-street parking lot [N/A].
(9) Motel [24].
(10) Retail sales/service [17]_
(11) Laundry/dry cleaner [19].
(12) Indoor restaurant [20].
(13) Drive -up automated bank teller [8].
(14) Self-service carwash [8].
(15) Animal hospital/clinic [23].
(16) Laundromat [22].
(17) Hotels [30].
(18) Auditoriums/assembly halls [20].
(19) Indoor theater [48].
(20) Indoor amusement center [23].
(21) Indoor recreation facilities [37].
(22) Motorcycle sales and service [41].
(23) Boat sales and service [40].
(24) Recreational vehicle sales and service
[38].
(25) Vehicle rental [47].
(26) Parking structures [N/A].
(27) Outdoor recreation [37].
(28) Convention center [20].
(29) Athletic fields, stadiums and sports arenas
[26].
(30) Beaches [47].
(31) Bowling alleys [37].
(32) Campgrounds and recreational vehicle
parks [47].
(33) Dog racing, kennels, and track operations
[26].
(34) Excursion boats and services [37].
(35) Health, sports, recreation and athletic
clubs and organizations [37].
(36) Horse racing, breeding, and stable and
track operations [26].
(37) Pleasurecraft harbors [37].
[ ] Parking group -See Section 4-2 of
this ordinance
Section 2 This ordinance has heretofore been
reviewed by the Zoning Commission of the City of
Dubuque, Iowa.
Section 3 This ordinance shall take effect
immediately upon publication, as provided by law.
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper the 10th day of October, 1994
It 10/10 Mary A Davis, City Clerk
Council Member Voetberg moved that the
requirement that the proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
they are to be finally passed be suspended
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas -Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays -None
Absent -Council Member Nagle
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to amend
Zoning Ordinance to pemit Residential Uses on
the First Floor in a C-4 Downtown Commercial
District and Dubuque Main St Ltd requesting
denial of Ordinance, presented and read. Council
Member Voetberg moved that the proof be
received and filed. Seconded by Council Member
Robbins Carried by the following vote_
Yeas -Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays -None Absent -Council Member Nagle
An Ordinance Amending Zoning Ordinance by
adopting a new Section 3-3 4(B)(5) in lieu thereof
to pemit Residential Uses on the First Floor in a
C-4 Downtown Commercial District, said
Ordinance having been presented and read at the
Council Meeting of 9-19-94, now presented for
further action. Council Member Voetberg moved
to concur with the denial of the Zoning
Commission Seconded by Council Member
Robbins Carried by the following vote_
Yeas -Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays -None Absent -Council Member Nagle
Notice of Hearing to consider a $300 00 civil
penalty assessment for IOCO Speede Shoppe,
1481 Dodge Street, and City Manager
recommending civil penalty be assessed, presented
and read. Council Member Voetberg moved that
the notice and communication be received and
filed and approved assessment of $300 00.
Seconded by Council Member Nicholson Carried
Regular Session, October 3, 1994 334
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Nagle
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
Specifications for the Northwest Arterial and
Pennsylvania Avenue Right Tum Lane, presented
and read. Council Member Voetberg moved that
the proof of publication be received and filed.
Seconded by Council Member Robbins Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Nagle
RESOLUTION NO. 319-94
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS
Whereas, on the 14th day of September, 1994,
plans, specifications, foam of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Northwest Arterial and
Pennsylvania Avenue Right Tum Lane
Whereas, notice of hearing on plans,
specifications, foam of contract, and estimated cost
was published as required by law
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Ihat the said plans, specifications, foam of
contract and estimated cost are hereby approved as
the plans, specifications, foam of contract and
estimated cost for said improvements for said
project.
Passed, adopted and approved this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
Proof of Publication certified to by the
Publisher on Notice to Bidder_ on the Receipt of
Bids for project and communication of City
Manager recommending to award contract for
project, presented and read Council Member
Voetberg moved that the proof and communication
be received and filed. Seconded by Council
Member Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
RESOLUTION NO. 320-94
AWARDING CONTRACT
Whereas, sealed proposals have been submitted
by contractors for the Northwest Arterial and
Pennsylvania Avenue Right Tum Lane pursuant to
Resolution No 317-94 and notice to bidders
published in a newspaper published in the City of
Dubuque, Iowa on the 22nd day of September,
1994.
Whereas, said sealed proposals were opened
and read on the 28th day of September, 1994 and
it has been determined that the bid of the Flynn
Company, Inc. of Dubuque, Iowa in the amount of
$21,705 45 was the lowest bid for the furnishings
of all labor and materials and performing the work
as provided for in the plans and specifications
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be
awarded to the Flynn Company, Inc. and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return the
bid deposits of the unsuccessful bidders
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
Communication of Bruce W. Wentworth,
Manager of the Dubuque Diamond Jo submitting
plans for a covered canopy structure for the
riverboat operation at the Ice Harbor and
requesting approval to begin the project, presented
and read.
Bruce Wentworth spoke requesting approval as
it takes about eight weeks to construct after receipt
of the bids
Council Member Voetberg moved that the
communication be received and filed and approved
the project. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
Communication of Corporation Counsel
advising of settlement with insurer for the
Dubuque Casino Belle for reimbursement for
damages done in Ice Harbor Closure Structure and
requesting Mayor be authorized to execute the
Release on behalf of the City, presented and read
Council Member Voetberg moved that the
communication be received and filed and approved
settlement and directed Mayor to execute
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Nagle
City Manager submitting an Ordinance
establishing the Order of Business in Regular
Meeting of the City Council, presented and read
Council Member Voetberg moved that the
communication be received and filed. Seconded
by Council Member Robbins Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle.
An Ordinance Amending Code of Ordinances
by adopting a new Section 2-40(a) in lieu thereof
335 Regular Session, October 3, 1994
establishing the Order of Business in Regular
Meetings of the City Council, presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 58-94
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 2-40(a), ORDER OF
BUSINESS, AND ADOPTING IN LIEU
THEREOF A NEW SECTION 2-40(a),
ORDER OF BUSINESS, ESTABLISHING
THE ORDER OF BUSINESS IN REGULAR
MEETINGS OF THE CITY COUNCIL.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 2-40(a) of the City of
Dubuque Code of Ordinances is hereby repealed,
and the following new Section 2-40(a) is hereby
adopted in lieu thereof
(a) Order of business The general rule as to
the order of business in regular meetings shall be
as follows_
(1) Reading of the call.
(2) Roll call
(3) Proclamations_
(4) Consent items
(5) Public hearings_
(6) Appointments to boards and commissions_
(7) Action items
(8) Granting of business licenses
(9) Items to be set for public hearing
(10) Public input.
(11) Adjournment.
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper the 10th day of October, 1994
It 10110 Mary A Davis, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Robbins Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle.
Council Member Voetberg moved final
consideration and passage of the Ordinance, as
amended. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins Nays—Council
Members Krieg, Voetberg Absent—Council
Member Nagle.
RESOLUTION NO. 321-94
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a
permit to sell Cigarettes and Cigarette Papers
within said City
Way Cool Rachel Hentges
2249 University Ave
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
RESOLUTION NO. 322-94
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 "C" BEER PERMIT
Rambo Oil Co_
Kwik Stop Food Man
Transport Sales
2360 Central
Kwik Stop Food Man
1075 Dodge
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
RESOLUTION NO. 323-94
Whereas, applications for Liquor Licenses have
been submitted to this Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Law and all City Ordinances
relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants
a Liquor License
CLASS "C" (COMMERCIAL) BEER AND
LIQUOR LICENSE
Admiral's Hi -Hat West, Inc
Admiral's Hi -Hat West 253 Main
The Ground Round, Inc.
The Ground Round
Nelda L. Bennett
50 IFK Rd
Old Shang
1091 Main
Passed, approved and adopted this 3rd day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Regular Session, October 3, 1994 336
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
City Manager requesting a public hearing be
held for voluntary annexation of property located
West of Cedar Cross Rd and South of North
Cascade Rd, presented and read Council
Member Voetberg moved that the communication
be received and filed and approved setting for
Public Hearing on 10-17-94 at 7 30 p nr in the
Public Library Auditorium and direct that the City
Clerk publish notice in the manner prescribed by
law Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg Nays—None
Absent—Council Member Nagle
MINUTES SUBMITTED — Environmental
Stewardship Commission of 9-13, Five Flags
Commission of 9-19, Housing Code Appeals
Board of 8-16 & 9-20, Human Rights Commission
of 8-15; Park & Recreation Commission of 9-20,
presented and read Council Member Kluesner
moved that the minutes be received and filed
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Nagle
Dubuque Area Labor -Management Council
submitting their financial statements for year
ending June 30, 1994, presented and read.
Council Member Kluesner moved that the report
be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
NOTICES OF CLARIS/SUITS — Thomas
Feipel in amount of $444 00 for vehicle damages,
Barbara I McDemott in amount of $15720 for
vehicle damage, Amy Sabers in unknown amount
for personal injuries, presented and read Council
Member Kluesner moved that the claims and suits
be referred to the Legal Staff for investigation and
report. Seconded by Council Member Nicholson.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg Nays—None
Absent—Council Member Nagle
Corporation Counsel advising car damage
claim of Thomas R Kelleher, Sr, has been
referred to Crawford & Company, the agent for the
Iowa Communities Assurance Pool, presented and
read Council Member Kluesner moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle.
Corporation Counsel recommending settlement
of following claims Car damage of Thomas L
Feipel in amount of $444.00; Property damage of
Clyde 0 Flaherty in amount of $150 00, Property
damage of Luke Andrew Green in amount of
$50 00, presented and read Council Member
Kluesner moved that the settlements be approved
and directed Finance Director to issue proper
checks Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nicholson, Robbins, Voetberg Nays—None
Absent—Council Member Nagle
Corporation Counsel recommending denial of
sidewalk damage claim of William I Gibson III,
presented and read Council Member Kluesner
moved that the communication be received and
filed and approved denial. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
IDOT advising of dismissal In Matter of
Condemnation of Certain Rights in Land for
relocated Primary Road No. U.S. 20 for property
in Reeder Langworthy's Subdivision, presented and
read Council Member Kluesner moved that the
notice be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
Finance Director submitting Financial Reports
for month of August, 1994, presented and read
Council Member Kluesner moved that the reports
be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
Petition containing appror 260 signatures
requesting placement of 3 or 4 stop signs, or some
other form of traffic control, on Lincoln Avenue
between Windsor and Roosevelt, presented and
read Council Member Kluesner moved that the
petition be referred to the City Manager and Staff
for investigation and report Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
City Manager recommending approval of
Purchase of Services Agreement with the Dubuque
Area Chamber of Commerce, presented and read
Council Member Kluesner moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle.
Communication of Radford Road
Development, Inc requesting extension of 150
days to furnish the guarantees required on final
plat for Sunnyslope Estates, Phase III, presented
and read Council Member Kluesner moved that
the communication be received and filed and
extension approved and matter referred to the City
Manager and Staff for implementation. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nicholson, Robbins,
337 Regular Session, October 3, 1994
Voetberg Nays—None Absent—Council
Member Nagle.
City Manager requesting a meeting to be held
on November 7, 1994 to consider execution of an
agreement with TCI Cablevision regarding series
of fiber optic connection with TCI, presented and
read Council Member Kluesner moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle.
At 8 25 p nt, Council Member Voetberg
moved that it be resolved to go into Closed Session
to discuss Bargaining Strategy in accordance with
Ch 2017 1993 Code of Iowa Seconded by
Council Member Krieg Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Member Nagle
Council reconvened regular session at 845
P m.
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
Member_ Kluesner, Krieg, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Member Nagle. Meeting adjourned at 8:46 p m.
Mary A Davis CMC
City Clerk
Approved 1995.
Adopted 1995.
Mayor
Council Members
Attest
City Clerk
Board of Health, April 2, 1990 340
CITY OF DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Quarterly Board of Health Meeting, October
17, 1994
Board Met at 725 pmt, Public Library
Auditorium
Present _ Chairperson Duggan, Board Members
Kluesner, Nicholson, Robbins, Voetberg
Absent _ Council Members Krieg, Nagle
Chairperson Duggan read the call and stated
this is the Regular Quarterly meeting of the Board
of Health called for the purpose to act upon such
business which may properly come before the
Board.
City Manager recommending authorization of
contract with Iowa Department of Public Health,
presented and read Council Member Kluesner
moved that the communication be received and
filed Seconded by Council Member Robbins
earned by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Member Krieg, Nagle
BOARD OF HEALTH
RESOLUTION NO. 5-94
A RESOLUTION AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO
SIGN AN EXTENSION OF THE
CONTRACT WITH THE IOWA
DEPARTMENT OF PUBLIC HEALTH FOR
FUNDING A LOCAL FLOOD RECOVERY
FUNDING CONTRACT.
Whereas, the City of Dubuque Board of Health
desires additional training and education for staff
for work in future emergency situations: and
Whereas, the Iowa Department of Public
Health has offered to provide financial support for
staff education and training through FEMA
funding; and
Whereas, the City of Dubuque will obtain staff
education and training to provide technical
expertise in private sewage disposal systems and
food safety to the City of Dubuque
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF HEALTH OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the City of Dubuque, Iowa
Board of Health, hereby approves the attached
contract between the Iowa Department of Public
Health and the City of Dubuque, Iowa.
Section 2 That the City Manager or his
designee is hereby authorized and directed to
execute said contract on behalf of the City of
Dubuque, Iowa.
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M Duggan, Chairperson
Attest
Mary A Davis, City Clerk
Board Member Kluesner moved adoption of the
Resolution Seconded by Board Member Robbins
Carried by the following vote_ Yeas—Chairperson
Duggan, Boards Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Board Members Krieg, Nagle
There being no further business, Board Member
Voetberg moved to adjourn the meeting. Seconded
by Board Member Kluesner Carried by the
following vote_ Yeas—Chairperson Duggan,
Boards Members Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Board
Members Krieg, Nagle Meeting adjourned at
727 pmt
Mary A Davis CMC
Secretary, Board of Health
Approved 1995.
Adopted ,1995.
Chairperson
Board Members
Attest
Secretary
341 Regular Session, October 17, 1994
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 17,
1994
Council Met at 7:30 pm., Public Library
Auditorium
Present _ Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg, City
Manager Michael Van Milligen, Corporation
Counsel Barry A Lindahl
Absent _ Council Member_ Krieg, Nagle
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called for
the purpose to act upon such business which may
properly come before the Council.
Invocation was given by Rev John Hulsiz
Pastor of the Church of the Nazarene
PROCLAMATIONS — Oct_ 23-31 as 'Red
Ribbon Week received by Katie Kingsley and
Katie McLaughlin: Month of November as
"Hospice Month" received by Carole Carroll, Nov_
6-12 as 'Radiologic Technology Week received
by Donna Bartlett.
MINUTES SUBMITTED — Cable
Community Teleprogramming Commission of 10-
4, Cable TV Regulatory Commission of 9-14:
Housing Commission of 9-13: Human Rights
Commission of 9-12: Library Board of Trustees of
9-22: Long Range Planning Commission of 9-21:
Transit Trustee Board of 9-8, Zoning Board of
Adjustment of 9-22: Zoning Commission of 10-5,
presented and read Council Member Voetberg
moved that the minutes be received and filed
Seconded by Council Member Kluesner Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
NOTICES OF CLAIMS/SUITS — David
Luber in unknown amount for vehicle damages:
William R. Timmerman in unknown full amount
for personal injuries: Julia VonAh in unknown
amount for personal injuries, presented and read
Council Member Voetberg moved that the claims
be referred to the Legal Staff for investigation and
report. Seconded by Council Member Kluesner.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
Dubuque Policemen's Protective Assoc &
Thomas I Fessler, vs. City of Dubuque regarding
reimbursement of sick pay leave, presented and
read. Council Member Voetberg moved that the
matter be referred to the Legal Staff for
investigation and report Seconded by Council
Member Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Corporation Counsel advising of decision(s)
regarding above claim, 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 Duggan, Council
Members Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Communication of Bob & Diana Hedrick
appealing their denial for backup sewer damages,
presented and read Council Member Voetberg
moved that the matter be referred to the Legal Staff
for investigation and report Seconded by Council
Member Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Corporation Counsel advising the personal
injury claim of Amy Sabers has been referred to
Crawford & Company, the agent for the Iowa
Communities Assurance Pool, 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 Duggan, Council
Members Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Corporation Counsel recommending denial of
following claims car damages of Barbara I
McDermott, Van damage of John Reisdorf,
presented and read Council Member Voetberg
moved that the communication be received and
filed and denial approved. Seconded by Council
Member Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Proofs of Publication certified to by the
Publisher on Notice of filing of the final plat and
schedule of assessments for construction of
Crescent Ridge and Starlight Drive Reconstruction
Project: List of Claims paid for month of August,
1994, presented and read Council Member
Voetberg moved that the proofs be received and
filed Seconded by Council Member Kluesner
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
Paul Buss advising the Dubuque County Board
of Adjustment will hold a public hearing regarding
the application of William Stark for a Special Use
Permit to construct a single family dwelling,
presented and read Council Member Voetberg
moved that the communication be received and
filed Seconded by Council Member Kluesner
Regular Session, October 17, 1994 342
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
Zoning Commission advising of their approval
of a plat of survey of Lots 1, 2 and 3 of BurkanS
Addition (9692 Kemp in Dubuque County),
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
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
RESOLUTION NO. 324-94
RESOLUTION APPROVING THE PLAT OF
SURVEY OF LOTS 1 THRU 3 OF
BURKART'S ADDITION IN DUBUQUE
COUNTY, IOWA.
Whereas, there has been filed by the City Clerk
a Plat of Survey of Lots 1 thru 3 of BurkanS
Addition in Dubuque County, Iowa; and
Whereas, said plat has been examined by the
City Zoning Commission and had its approval
endorsed thereon, and
Whereas, said plat has been examined by the
City Council of the City of Dubuque and they find
that the same conforms to the statutes and
ordinances relating thereto
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the Plat of Survey of Lots 1
thru 3 of Burkan s Addition in Dubuque County,
Iowa, is hereby approved and the Mayor and City
Clerk of the City of Dubuque are hereby
authorized and directed to endorse the approval of
the City of Dubuque upon said plat_
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Zoning Commission approving final plat of
Lots 1, 2 and 3 of Lots A, B & C of Smothers
Place (located at corner of Kelly Lane, Manson
Road and Miller Road.), 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 Duggan, Council
Members Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 325-94
A RESOLUTION APPROVING THE FINAL
PLAT OF LOT 1, 2 AND 3 AND LOTS A, B
AND C OF SMOTHERS PLACE IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat Lots 1, 2 and 3 and Lots A, B
and C of Smothers Place in the City of Dubuque,
Iowa; and
Whereas, upon said final plat appear streets to
be known as Kelly Lane, Manson Road and Miller
Road, which the owners by said final plat have
dedicated to the public forever; and
Whereas, said final plat has been reviewed by
the Zoning Commission and had its approval
endorsed thereon, and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it; and
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the dedications of Kelly Lane,
Miller Road and Manson Road as they appear
upon said final plat, be and the same are hereby
accepted; and
Section 2 That the plat of Lots 1, 2 and 3 and
Lots A, B and C of Smothers Place is hereby
approved and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of
the City of Dubuque, Iowa, upon said final plat_
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
ATTEST:
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Zoning Commission approving final plat of
Lots 1 and 2 and Lot A of St Marys Place No 5
(located East of Cotter Road), 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 Duggan, Council
Members Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 326-94
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 AND 2 AND LOT A OF
ST. MARY'S PLACE NO. 5 IN THE CITY
OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 and 2 and Lot A of St
Mary's Place No 5 in the City of Dubuque, Iowa,
and
Whereas, upon said final plat appears a private
street to be known as Virginia Court, together with
certain public utility and sanitary sewer easements
which the owners by said final plat have dedicated
to the public forever; and
Whereas, the conceptual plan has been
examined by the Zoning Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the Zoning Commission and had her approval
endorsed thereon, subject to the owners agreeing to
the conditions noted in Section 2 below, and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
343 Regular Session, October 17, 1994
that the grades have not been established and not
all paving constructed or installed, and
Whereas, the City Council concurs in the
conditions of approval established by the Zoning
Commission and the City Planner
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the easements for public
utilities, sanitary sewer, as they appear upon said
final plat, be and the same are hereby accepted;
and
Section 2 That the final plat of Lots 1 and 2
and Lot A of St Marys Place No 5 is hereby
approved and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of
the City of Dubuque, Iowa, upon said final plat,
provided the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
a To reduce Virginia Court to grade and to
hard surface the private street with
bituminous concrete, or with concrete
paving, all in accordance with the plans
and specifications submitted to the City
Fneineer.
b To install sanitary sewer mains and sewer
service laterals, water mains and water
service laterals, storrn sewers and catch
basins and erosion control devices,all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Fneineer, and in
accordance with construction
improvement plans approved by the City
Fneineer, and inspected by the City
Fneineer.
c To construct sidewalks within one year as
shown on the approved conceptual
development plan adopted by Ordinance
45-93.
d To construct said improvements within
one year of the date of adoption of this
resolution by the City of Dubuque, Iowa_
e The City of Dubuque, Iowa shall have a
perpetual easement to enter, and pass over
and upon said real property for such
ordinary services and emergency services
as are regular and customarily provided
by the City of Dubuque, Iowa, in the City
of Dubuque, Iowa, and for such services
or duties which the City of Dubuque,
Iowa, may be obligated by Law to
pefomm on said premises
f That the streets and parking areas shall be
private streets and parking areas and shall
be held with other common property
shown upon the plat within the
jurisdiction of and further providing that
the city may enter such streets and parking
areas to provide necessary emergency
services or other services or duties which
it may be obligated by law to pefomm on
the premises, that the city may enter the
street and pefomn necessary maintenance
whenever the private owner fails to do so,
and assess all costs to the owners_
g All assessable costs for maintenance or
service, described herein, performed by
the City of Dubuque, Iowa, on, or directly
benefitting Lot 1 and 2 and Lot A of St
Marys Place No 5, shall be assessed
against the owner or successors as
assigned and a lien placed upon said real
property.
Section 3 That if the owners, Henry F_ and
Dolores A Koester, shall fail to execute the
acceptance and furnish the security provided for in
Section 2 within 45 days after the date of this
resolution the provisions thereof shall be null and
void and the acceptance of the dedication and
approval of the final plat shall not be in effect
And further provided that said Henry F. and
Dolores A Koester, as owners of said property,
shall secure the performance for the construction of
sanitary sewer by providing guarantees in such
form and with such sureties as may be acceptable
to the City Manager of the City of Dubuque, Iowa_
Section 4 That final acceptance of all public
improvements shall occur upon certification of the
City Fneineer that public improvements have been
completed in accordance with the improvement
plans and City standard specifications
Passed, approved and adopted this 17th day of
October, 1994.
Terrence M. Duggan, Mayor
ATTEST:
Mary A Davis, City Clerk
ACCEPTANCE OF RESOLUTION
NO. 326-94
We, the undersigned, Henry K and Dolores A
Koester, having read the tams and conditions of
the Resolution No 326-94 and being familiar with
the conditions thereof, hereby accept this same and
agree to the conditions required therein
Dated in Dubuque, Iowa this _ day of
,1994.
By:
Henry F_ Koester
By
Dolores A Koester
NOT SIGNED AS OF FEBRUARY 15, 1995
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
REFUNDS REQUESTED — Sonia Hickson,
$5625 on unexpired Beer Permit, presented and
read. Council Member Voetberg moved that the
refund be approved and Finance Director to issue
proper check. Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Finance Director submitting financial reports
for September, 1994, presented and read Council
Member Voetberg moved that the reports be
received and filed. Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager requesting approval of
Supplement No 20 to the Code of Ordinances,
presented and read Council Member Voetberg
moved that the communication be received and
filed Seconded by Council Member Kluesner
Regular Session, October 17, 1994 344
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
RESOLUTION NO. 327-94
ADOPTING SUPPLEMENT NO. 20 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council, pursuant to Ordinance No 34-89,
readopted the Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted up to and
including December 19, 1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has adopted
certain ordinances amending the Code of
Ordinances and said amendments have been
printed as supplements to the Code of Ordinances,
and
Whereas, Section 380 8 of the Code of
Ordinances provides that supplements, by
resolution, become part of the Code of Ordinances
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That Supplement No 20 of the
Code of Ordinances of the City of Dubuque, Iowa,
covering Ordinances through Ordinance No 42-94
enacted through August 1, 1994 and prepared by
the Sterling Codifers, Inc, Weiser, ID hereto filed
in the Office of the City Clerk of the City of
Dubuque, Iowa be and is hereby adopted and
becomes part of the Code of Ordinances of the City
of Dubuque, Iowa.
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager recommending approval of
extension for security bonding as requested for
SunnySlope Estates Phase IQ, 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 Duggan, Council
Members Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 328-94
A RESOLUTION RESCINDING
RESOLUTION NO. 278-94 AND
REAFFIRMING THE FINAL PLAT OF
SUNNYSLOPE ESTATES PHASE 3 IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Sunnyslope Estates Phase 3 in
the City of Dubuque, Iowa; and
Whereas, upon said final plat appear streets to
be known as Sunnyslope Drive, also known as Lot
N, Wildflower Drive, also known as Lot P, High
Cloud Drive, also known as Lot S; Wiltse Drive,
also known as Lot Q, and Wiltse Court, also
known as Lot R, and a proposed park area on Lot
1, Block 19, together with certain public utility
and sanitary sewer and storrn sewer easements
which the owners by said final plat have dedicated
to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below, and
Whereas, said final plat has been examined by
the City Council and they found that it conformed
to the statutes and ordinances relating to it, except
that no streets, public improvements or public
utilities have yet been constructed or installed, and
Whereas, the City Council concurred in the
conditions of approval established by the Zoning
Commission and the City Planner
Whereas, the City Council concurs in the
conditions of approval established in the previous
approval.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the final plat of Sunny Slope
Estates Phase 3, as set forth in Resolution 278-94
is hereby rescinded
Section 2 That the dedication of Sunnyslope
Drive, also known as Lot N, Wildflower Drive,
also known as Lot P, High Cloud Drive, also
known as Lot S, Wiltse Drive, also known as Lot
Q, and Wiltse Court, also known as Lot R, and the
proposed park area on Lot 1, Block 19, together
with the easements for public utilities, sanitary
sewer, storrn sewer and street lights as they appear
upon said final plat, be and the same are hereby
accepted; and
Section 3 That the plat of Sunnyslope Estates
is hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon said
final plat, provided the owners of said property
herein named, execute their written acceptance
hereto attached agreeing:
a To reduce Sunnyslope Drive, Wildflower
Drive, High Cloud Drive, Wiltse Drive
and Wiltse Court to grade and to construct
concrete curb and gutter and to hard
surface with asphaltic concrete, or with
concrete paving with integral curb, all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Fneineer, and in
conformance with construction
improvement plans approved by the City
Fneineer, and inspected by the City
Fneineer.
b To install sanitary sewer mains and sewer
service laterals into each individual lot,
water mains and water service laterals into
each individual lot, SWIM sewers and
catch basins, boulevard street lighting and
erosion control devices all in accordance
with the City of Dubuque standard
specifications, all in a manner acceptable
to the City Fneineer, and in accordance
with construction improvement plans
approved by the City Fneineer, and
inspected by the City Fneineer_
345 Regular Session, October 17, 1994
c To final grade and seed the proposed park
area in a manner acceptable to the Leisure
Services Director
d Io construct said improvements, within
one (1) year from the date of acceptance
of this resolution, at the sole expense of
the owners, or future owners;
e To maintain the public improvements, for
a period of two (2) years from the date of
the acceptance of those improvements by
the City of Dubuque, Iowa, at the sole
expense of the owners, or future owners,
And further provided that said Radford Road
Development, Inc, as owner of said property, shall
secure the performance of the foregoing conditions
provided in this Section by providing guarantees in
such forrm and with such sureties as may be
acceptable to the City Manager of the City of
Dubuque, Iowa.
Section 4 Sidewalk installation shall be the
responsibility of the owner of the property abutting
the public right-of-way, as required by City Code
42-24(e)
Section 5 That in the event Radford Road
Development, Inc shall fail to execute the
acceptance and furnish the guarantees provided in
Section 3 hereof within one hundred fifty (150)
days after the date of this Resolution, the
provisions hereof shall be null and void and the
acceptance of the dedication and approval of the
plat shall not be effective
Passed, approved and adopted this 17th day of
October, 1994.
Terrence M. Duggan, Mayor
ATTEST:
Mary A Davis, City Clerk
ACCEPTANCE OF RESOLUTION
NO. 328-94
We, the undersigned, Ernest Quade and Gene
Sullivan, representing Radford Road
Development, Inc. having read the terms and
conditions of the Resolution No 278-94 and being
familiar with the conditions thereof, hereby accept
this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 29th day of
January, 1994.
By ls/Emest M Quade
Radford Road Development, Inc.
13y/5/Gene F_ Sullivan
Radford Road Development, Inc.
TO_ Mary A Davis, City Clerk
This is to certify that the necessary security for
the foregoing Resolution No 328-94 has been
properly filed.
Dated at Dubuque, Iowa this 3rd day of
February, 1995.
Michael C Van Milligen, City Manager
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager recommending approval of
Minibus Contract with Project Concern✓Phone-A-
Friend Inc. for FY'95, presented and read. Council
Member Voetberg moved that the communication
be received and filed and contract approved.
Seconded by Council Member Kluesner Carried
by the following vote_ Yeas—Mayor Duggan,
Council Member_ Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
City Manager recommending approval of
contract with Iowa Department of Public Health
for funding of an AIDS Preventative Health
Program, 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 Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 329-94
A RESOLUTION APPROVING THE AIDS
PREVENTATIVE HEALTH CONTRACT
BETWEEN THE IOWA DEPARTMENT OF
PUBLIC HEALTH AND THE CITY OF
DUBUQUE, IOWA AND AUTHORIZING
THE CITY MANAGER TO SIGN A
CONTRACT WITH THE IOWA
DEPARTMENT OF PUBLIC HEALTH FOR
FUNDING OF A LOCAL AIDS
PREVENTATIVE HEALTH PROGRAM
Whereas, the Iowa Department of Public
Health has offered to provide financial support for
local AIDS Preventative Health and Education
Programs in the City of Dubuque, and
Whereas, the City of Dubuque desires to
establish and maintain such local AIDS
Preventative Health and Education Programs; and
Whereas, the Iowa Department of Public
Health has presented the City Health Services
Division a proposed contract amendment for
continued funding, a copy of which is attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the City of Dubuque, Iowa,
hereby approves the attached AIDS Preventative
Health Contract between the Iowa Department of
Public Health and the City of Dubuque, Iowa.
Section 2 The City Manager is hereby
authorized and directed to execute said contracts
on behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 17th day of
October, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Member_
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager requesting support of unfunded
State and Federal Mandates, 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 Duggan, Council
Member_ Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council
Members Krieg, Nagle
RESOLUTION NO. 330-94
Regular Session, October 17, 1994 346
RESOLUTION SUPPORTING THE
LEAGUE OF IOWA MUNICIPALITIES'
EFFORTS TO EDUCATE CITIZENS AND
ELECTED OFFICIALS ON THE IMPACT
OF UNFUNDED MANDATES AND URGING
THE IOWA GENERAL ASSEMBLY TO
PASS A CONSTITUTIONAL AMENDMENT
LIMITING THE NEGATIVE FINANCIAL
IMPACT OF STATE MANDATES
Whereas, unfunded mandates of state and local
governments have increased significantly in recent
years;
Whereas, federal and state mandates require
cities to perforni duties without consideration of
local circumstances, costs, or capacity, and subject
municipalities to civil or criminal penalties for
noncompliance;
Whereas, federal and state mandates require
compliance regardless of other pressing local needs
and priorities affecting the health, welfare, and
safety of municipal citizens,
Whereas, excessive federal and state burdens on
local governments force some combination of
higher local taxes and fees and reduced local
services for local taxpayer_,
Whereas, federal and state mandates are
usually inflexible, one -size- fits -all requirements
that too often impose unrealistic time frames and
specify costly and cumbersome procedures or
facilities, even though less costly alternatives are
often available;
Whereas, existing unfunded mandates impose
pressures on local budgets, and the federal and
state governments have imposed severe limitations
upon funding methods that could generate
revenues to help cover the costs of new mandates,
and
Whereas, the cumulative impact of these
federal and state legislative and regulatory actions
create financial hardships for both taxpayers and
cities_
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 The City of Dubuque endorses the
efforts of the League of Iowa Municipalities and
supports working with the League to fully inform
our citizens, the Iowa General Assembly, and the
Iowa congressional delegation about the impacts of
unfunded federal and state mandates on city
government and the pocketbooks of our citizens
Section 2 The City of Dubuque strongly urges
the Iowa General Assembly to immediately pass a
state constitutional amendment which eliminates or
limits the negative financial impact of all new and
existing state mandates on cities_
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Council Member Kluesner moved that the rules
be suspended to allow anyone present to address
the Council. Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Member_
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Proof of Publication certified to by the
Publisher on Notice to consider annexation of East
part of Lot 1 of Ohmen's Hilltop Farms, and City
Manager recommending approval of annexation as
requested by Marty McNamer, presented and read
Council Member Voetberg moved that the proof
and communication be received and filed.
Seconded by Council Member Kluesner Carried
by the following vote_ Yeas—Mayor Duggan,
Council Member_ Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
RESOLUTION NO. 331-94
RESOLUTION ANNEXING THE EAST
PART OF LOT 1 OF OHMERT'S HILLTOP
FARMS INTO THE CITY OF DUBUQUE,
IOWA.
Whereas, Martin I. McNamer and Nancy A.
Comer McNamer, as owners of an area 3 56 acres
in size lying immediately adjacent to the City of
Dubuque, Iowa, have voluntarily petitioned for
annexation of said territory to the City of
Dubuque; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of city limits in situations
of this character by the adoption of a resolution:
and
Whereas, the future growth and development of
the City of Dubuque, Iowa, make it desirable that
said territory be made part of the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the territorial limits of the City
of Dubuque, Iowa, be and they are hereby
extended to include the area comprising the
following described real estate to wit
Commencing at the southeast corner of Lot 1 of
Ohmert s Hilltop Farms said point being the
point of beginning- Thence south 67 degrees
13'-40" west (this is an assumed bearing for the
purposes of this description only) along the
most southern property line of said lot a
distance of 229 41 feet: thence north 20 degrees
17'-00" west a distance of 365 00 feet: thence
north 05 degrees 35'-23" west to a point on the
center of North Cascade Road a distance of
24927 feet: thence northeasterly a distance of
225.00 feet along the arc of a 755 74 foot
radius arc curve to the right along said center of
road right-of-way; thence north 68 degrees 41'-
10" east to the northwest corner of Lot 1 of Lot
1 of the SW 114 of the SE 114 of Section 34 a
distance of 13.16 feet: thence south 14 degrees
08'-10" east along the westerly line of said lot
a distance of 63721 feet to the point of
beginning
Section 2 That the territory hereby annexed
shall become a part of the First Ward, Third
Precinct of the City of Dubuque, Iowa.
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
347 Regular Session, October 17, 1994
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager requesting if Council desires to
consider any modification in the Highway 420
study regarding University of Dubuque property,
presented and read Council Member Voetberg
moved that the Study from the HDR and the State
be received and filed and concurred with the
recommendations_ Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Council Member Nicholson moved that the
matter be tabled to the Nov_ 7th Council Meeting
as an Action Item Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager requesting adoption of a policy
with regard to the use or disposition of the excess
Kerper Boulevard right-of-way to abutting
property owners, presented and read Council
Member Kluesner moved that the communication
be received and filed and concurred with the
recommendation to dispose of property to
adjoining owners_ Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Art Pape Transfer, Inc requesting an interim
basis lease on 12th Street from their easterly
property line to the western cul de sac and City
Manager recommending approval of request,
presented and read Council Member Voetberg
moved that the communications be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
An Ordinance Authorizing An Pape Transfer,
Inc to construct a parking lot at 1080 East 12th
Street, presented and read Council Member
Voetberg moved that this be considered the first
reading only. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager requesting comments from
Council regarding establishment of a Contractors
Roundtable, presented and read Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager submitting an Ordinance
regarding parking in the Fulton School area,
presented and read Council Member Voetberg
moved that the communication be received and
filed Seconded by Council Member Robbins
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
An Ordinance Amending Section 32-262(d)
prohibiting parking on designated streets or
portions thereof and adding certain portions of
White Street, presented and read Council
Member Voetberg moved that this be considered
the first reading Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager submitting ordinances regarding
speed limits on U S_ Highway 461 and the Julien
Dubuque Bridge, presented and read. Council
Member Voetberg moved that the communication
be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
An Ordinance Amending Subsection (c) of
Section 32-231 thereof providing for establishment
of speed limits on U S_ 61!151!52 from southerly
city limits to northerly city limits, presented and
read Council Member Voetberg moved that this
be considered the first reading only of the
Ordinance. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
An Ordinance Amending Subsection (c) of
Section 32-231 thereof providing for the
establishment of speed limits on U S_ 420 from
Locust Street to the easterly city limits on the
Julien Dubuque Bridge, presented and read.
Council Member Voetberg moved that this be
considered the first reading of the Ordinance
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
Communication of the City Manager
submitting revised Ordinance pertaining to Parks
and Recreation, presented and read Council
Member Kluesner moved that the communication
be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
An Ordinance Amending certain sections of
Chapter 34 of the Code of Ordinances relating to
the Parks and Recreation, presented and read
Regular Session, October 17, 1994 348
Council Member Kluesner moved that this be
considered the first reading of the Ordinance
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
Communication of the City Manager
submitting Ordinance providing for Industrial
Pretreatment Fee Structure, presented and read
Council Member Kluesner moved that the
communication be received and filed. Seconded
by Council Member Voetberg Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
An Ordinance Amending Code of Ordinances
by adopting in lieu thereof a New Section 44-
103(b)(7)(1) providing for the revision of the
Industrial Pretreatment Fee Structure, presented
and read Council Member Kluesner moved that
this be considered the first reading only of the
Ordinance. Seconded by Council Member
Voetberg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 332-94
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a
permit to sell Cigarettes and Cigarette Papers
within said City
GRANDVIEW DRUG CLIFFORD HART
1705 DELHI
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 333-94
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
RIEGEL CORPORATION
GODFATHER'S PIZZA
1575 KENNEDY RD
I & P O'HARA
HAPPY JO'S PIZZA & ICE CREAM
855 CENTURY DR
CLASS "C" BEER PERMIT
MULGREW OIL CO.
PLAZA 20 AMOCO FOODSHOP
2600 DODGE
CLASS "BE" BEER PERMIT
EAGLE FOOD CENTER,INC.
EAGLE FOOD CENTER 4320
2050I F K. RD
EAGLE FOOD CENTER,INC
EAGLE FOOD CENTER 4018
300 S. LOCUST ST
EAGLE FOOD CENTER, INC.
EAGLE FOOD CENTER 4130
1800 ELM ST
Passed, approved and adopted this 17th day of
October, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 334-94
Whereas, applications for Liquor Licenses have
been submitted to this Council for approval and the
same have been examined and approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Law and all City Ordinances
relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants
a Liquor License
CLASS "B" (HOTEL -MOTEL) BEER AND
LIQUOR LICENSE
DODGE HOUSE C. BETTY BELLING
DODGE HOUSE MOTEL
701 DODGE ST
CLASS "C" (COMMERCIAL) BEER AND
LIQUOR LICENSE
DAMA CORP.
RAINBOW LOUNGE
36 W. 4TH ST
DOGGONE INC. DOG HOUSE LOUNGE
1646 ASBURY RD
DAVID L. LYONS RIVER C1TY TAP
1406 PINE ST
EUROPA HAUS RESTAURANT &
BIERSTUBE 1301 RHOMBERG
JAMES P. & JANET E. KOHL
THE GRAND TAP 802 CENTRAL AVE
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
349 Regular Session, October 17, 1994
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager submitting Fiscal Year 1996
Budget Policy Guidelines, presented and read
Council Member Kluesner moved that the
Guidelines be received and filed. Seconded by
Council Member Robbins Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager requesting a public hearing be
held on November 7, 1994 regarding the granting
of a Septic System Easement between the City and
John N., James H. and Elizabeth B. Gronen for
property at 4900 Peru Road, presented and read.
Council Member Voetberg moved that the
communication be received and filed and approved
setting of Public Hearing on Nov_ 7, 1994 at 7 30
p.m. in the Public Library Auditorium and that the
City Clerk publish notice in the manner prescribed
by law. Seconded by Council Member Robbins.
Coined by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
City Manager requesting a public hearing on
vacating a portion of the Kerper Boulevard right-
of-way to Whalen Industries, Inc, presented and
read. Council Member Voetberg moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 335-94
RESOLUTION APPROVING PLAT OF LOT
IA OF BLOCK 5 OF RIVER FRONT
SUBDIVISION NO. 3 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa a plat dated
October 7, 1994, prepared by RW Fneineers &
Surveyors, P _ of Dubuque, Iowa, describing the
proposed vacated portion of Kerper Boulevard
abutting Whalen Industries, Inc: and
Whereas, said plat conforms to the laws and
statutes pertaining thereto
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the plat dated October 7, 1994
prepared by RW Fneineers & Surveyors, P C,
relative to the real estate hereinabove and they are
hereby authorized and directed to execute said plat
for an on behalf of the City of Dubuque, Iowa.
Section 2 That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of the
Recorder, in and for Dubuque County, Iowa.
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 336-94
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT IA OF BLOCK 5 OF
RIVER FRONT SUBDIVISION NO. 3 IN
THE CITY OF DUBUQUE, IOWA
Whereas, Whalen Industries, Inc have
requested the vacating of a portion of Kerper
Boulevard abutting the westerly line of Lot 2 of 3
of 1 of Block 5 of River Front Subdivision No. 3;
and
Whereas, RW Fneineers & Surveyors, P C of
Dubuque, Iowa has prepared and submitted to the
City Council a plat showing the vacated portion of
Kerper Boulevard and assigned a lot number
thereto, which hereinafter shall be known and
described as Lot 1A of Block 5 of River Front
Subdivision No 3 in the City of Dubuque, Iowa:
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion of
Kerper Boulevard is no longer required for public
use, and vacating said portion of Keeper Boulevard
known as Lot 1A of Block 5 of River Front
Subdivision No 3 in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the City of Dubuque intends to
dispose of its interest in Lot 1A of Block 5 of River
Front Subdivision No 3
Section 2 That the conveyance of Lot 1A of
Block 5 of River Front Subdivision No. 3 in the
City of Dubuque, Iowa to Whalen Industries, Inc
be contingent upon the payment of $13,00000,
plus publication and filing fees
Section 3 The City reserves unto itself a
perpetual easement including the right of ingress
and egress thereto, for the purpose of erecting,
installing, constructing, reconstructing, repairing,
owning, operating, and maintaining water, sewer,
drainage, gas, telephone, tv_ cable and electric
lines as may be authorized by the City of
Dubuque, Iowa.
Section 4 That the City Clerk be and is hereby
authorized and directed to cause a notice of intent
to dispose of said real estate to be published in the
manner as prescribed by law
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution with Public Hearing set for Nov_
11, 1994 at 730 pm in the Public Library
Auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
City Manager requesting a public hearing to
vacate a portion of the Kerper Blvdright-of-way
to Kerper Realty Co_ at 2461 Kerper Blvd,
presented and read Council Member Voetberg
moved that the communication be received and
Regular Session, October 17, 1994 350
filed Seconded by Council Member Kluesner
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
RESOLUTION NO. 337-94
RESOLUTION APPROVING PLAT OF LOT
2A OF BLOCK 14 OF RIVER FRONT
SUBDIVISION NO. 3 IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa a plat dated
October 7, 1994, prepared by TCW Fneineers &
Surveyors, P _ of Dubuque, Iowa, describing the
proposed vacated portion of Kerper Boulevard
abutting Tri-State Transportation and Dubuque
Express, and
Whereas, said plat conforms to the laws and
statutes pertaining thereto
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the plat dated October 7, 1994
prepared by RW Fneineers & Surveyors, P C,
relative to the real estate hereinabove and they are
hereby authorized and directed to execute said plat
for an on behalf of the City of Dubuque, Iowa.
Section 2 That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of the
Recorder, in and for Dubuque County, Iowa.
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
RESOLUTION NO. 338-94
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 2A OF BLOCK 14 OF
RIVER FRONT SUBDIVISION NO. 3 IN
THE CITY OF DUBUQUE, IOWA
Whereas, Kerper Realty Company has
requested the vacating of a portion of Kerper
Boulevard abutting the easterly line of Lot 2 of 1
of 2 of Block 14 of River Front Subdivision No 3;
and
Whereas, RW Fneineers & Surveyors, P C of
Dubuque, Iowa has prepared and submitted to the
City Council a plat showing the vacated portion of
Kerper Boulevard and assigned a lot number
thereto, which hereinafter shall be known and
described as Lot 2A of Block 14 of River Front
Subdivision No 3 in the City of Dubuque, Iowa,
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion of
Kerper Boulevard is no longer required for public
use, and vacating said portion of Keeper Boulevard
known as Lot 2A of Block 14 of River Front
Subdivision No 3 in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the City of Dubuque intends to
dispose of its interest in Lot 2A of Block 14 of
River Front Subdivision No 3
Section 2 That the conveyance of Lot 2A of
Block 14 of River Front Subdivision No 3 in the
City of Dubuque, Iowa to Kerper Realty Company
be contingent upon the payment of $4,965.00, plus
publication and filing fees
Section 3 The City reserves unto itself a
perpetual easement including the right of ingress
and egress thereto, for the purpose of erecting,
installing, constructing, reconstructing, repairing,
owning, operating, and maintaining water, sewer,
drainage, gas, telephone, tv_ cable and electric
lines as may be authorized by the City of
Dubuque, Iowa.
Section 4 That the City Clerk be and is hereby
authorized and directed to cause a notice of intent
to dispose of said real estate to be published in the
manner as prescribed by law
Passed, approved and adopted this 17th day of
October, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution setting the Hearing for 11-7-94 at
7:30 p m. in the Public Library Auditorium and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Council Member
Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Zoning Commission advising of their approval
to rezone property at 125 W 9th Street from C-4
District to OR Office Residential District,
presented and read Council Member Kluesner
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Nicholson,
Robbins, Voetberg Nays—None
Absent—Council Members Krieg, Nagle
An Ordinance Amending the Zoning Map by
reclassifying property located at 125 W 9th Street
from C-4 Downtown Commercial District to OR
Office Residential District, presented and read
Council Member Kluesner moved that this be
considered the first reading of the Ordinance and
that it be set for Public Hearing on Nov_ 7, 1994 at
7:30 p.m. in the Public Library Auditorium.
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
Zoning Commission advising of their approval
to rezone property at 3049 Asbury Road from C-3
to C-2 District, presented and read Council
Member Kluesner moved that the communication
be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
An Ordinance Amending Zoning Map to
reclassify property located at 3049 Asbury Road
from C-3 General Commercial District with
351 Regular Session, October 17, 1994
Conditions to C-2 Neighborhood Shopping center
District, presented and read Council Member
Kluesner moved that this be considered the first
reading of the Ordinance and that it be set for
Public Hearing on Nov. 7, 1994 at 7:30 p m. in the
Public Library Auditorium and that the City Clerk
publish notice in the manner prescribed by law
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Nicholson, Robbins,
Voetberg.
Nays—None Absent—Council Members Krieg,
Nagle.
Zoning Commission advising of their approval
to reclassify property at 2671 Owen Court from R-
4 to PR District and adopting of Conceptual
Development Plan, presented and read Council
Member Kluesner moved that the communication
be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
An Ordinance Amending Zoning Ordinance by
reclassifying property located at the northwest
corner of IFK Road and Sunset Park Circle from
R-4 Multi -Family Residential district to PR
Planned Residential District and adopting a
Conceptual Development Plan, presented and read
Council Member Kluesner moved that this be
considered the first reading of the Ordinance and
that it be set for Public Hearing on Nov_ 7, 1994 at
7:30 p.m. in the Public Library Auditorium.
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
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, Nicholson, Robbins,
Voetberg Nays—None Absent—Council
Members Krieg, Nagle
Meeting adjourned at 8:40 p m.
Mary A Davis CMC
City Clerk
Approved 1995.
Adopted ,1995.
Mayor
Council Members
Attest
City Clerk