1994 November Council ProceedingsRegular Session, November 7, 1994 354
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, November 7,
1994
Council met at 7:30 p m., Public Library
Auditorium
Present _ Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael C Van Milligen,
Corporation Counsel Barry A Lindahl
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called for
the purpose to act upon such business which may
properly come before the Council.
Invocation was given by Rev Ed Novak, Pastor
of St Peter's Lutheran Church
PROCLAMATIONS — November 6-12 as
"Key Club Week", received by Kara Klass,
November 14th as "Operating Room Nurse Day"
received by Jane Boge: November 14-20 as
"Youth Appreciation Week" received by Steve
Boyd & Ron Bock: November 20-17 as 'National
Bible Week".
Dick Landis introduced Sophie Sakvarelidze
from the Republic of Georgia and Mayor Duggan
read and presented a proclamation welcoming her
to the City of Dubuque
MINUTES SUBMITTED — Airport
Commission of 8-9, 8-22 & 9-6; Cable TV
Regulatory Commission of 10-12: Civil Service
Commission of 5-11, 6-20 & 7-18; Environmental
Stewardship Commission of 10-11, Five Flags
Commission of 10-24: Housing Commission of
10-11: Investment Oversight Commission of 10-20
AND Quarterly Report; Long Range Planning
Commission of 10-19; Park & Recreation
Commission of 10-15, Plumbing Board of 10-11,
presented and read Council Member Nagle
moved that the minutes be received and filed
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Convention & Visitors Bureau submitting their
quarterly report, presented and read. Council
Member Nagle 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, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Substance Abuse Services Center submitting
their 1st quarterly report, presented and read
Council Member Nagle 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, Nagle, Nicholson, Robbins,
Voetberg Nays—None
NOTICES OF CLAIMS/SUITS — Roger E &
Shirley A. Eppler in unknown amount for personal
injuries: Iowa Department of Transportation vs.
Carroll C and Judy Clark d/b/a Quick Clean
Laundry submitting petition regarding
condemnation of land on Dodge St; Iowa
Department of Transportation vs. Randall &
Mildred Dolter d/b/a Burger Express submitting
petition and Notice of Appeal regarding
condemnation of land on Dodge St; Lisa M.
Lessen in unknown amount for personal injuries:
Alfrieda Miersen in amount of $1500 00 for
personal injuries: Timothy Rellihan in amount of
$371 74 for vehicle damages, presented and read
Council Member Nagle moved that the claims and
suits be referred to the Legal Staff for investigation
and report. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Corporation Counsel advising following claims
have been referred to Crawford & Company, the
agent for the Iowa Communities Assurance Pool_
Truck damage of David I. Luber; Car damage of
Lee Ann Luorrain; Personal injury of William R.
Timmerman; Personal injury of Julia A. Von Ah,
presented and read Council Member Nagle
moved that the communication be received and
filed Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
Corporation Counsel recommending denials of
car damages claim of Thomas V Kelly and
property damage of Brian Sullivan, presented and
read Council Member Nagle moved that the
communication be received and filed and denials
approved. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Corporation Counsel recommending settlement
of truck damage claim of Timothy Rellihan in the
amount of $37174, presented and read Council
Member Nagle moved that the settlement be
approved and Finance Director to issue proper
check. Seconded by Council Member Nicholson.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
Barbara I. McDermott appealing denial of car
damages claim, presented and read Council
Member Nagle moved that the appeal be referred
to the City Manager Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Robert C Roethig, Jr, requesting full payment
of his claim for vehicle damages, presented and
read Council Member Nagle moved that the
355 Regular Session, November 7, 1994
appeal be referred to the City Manager. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
October 17, 1994
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 1993
Code of Iowa, the Civil Service Commission
conducted written promotional examinations on
September 12, & 13, 1994 for the positions of
FIRE CAPTAIN, FIRE EQUIPMENT
OPERATOR AND FIRE LIEUTENANT.
We hereby certify that the following members
of the Fire Department have passed these written
promotional examinations and promotion for the
positions should be made from the appropriate
lists_
FIRE CAPTAIN FIRE EQUIP OPER
Robert I. Baker JeffUdelhofen
Daniel Sullivan Terry Stewart
Joseph A Blodgett Christopher A Lawrence
Scott A Neyens Frederick C Welke
Roger A Voss Mark S Wilson
Robert K. Laubscher, Jr Gary Kramer
Thomas I. Ready
FIRE LIEUTENANT
Ieff Udelhofen
Christopher I Miller
Terry Stewart
Michael G_ Knowles
Mark S Wilson
Michael E. Gabriel
Mark Ludescher
Respectfully submitted,
RI Thomas E Rawson
Chairperson
is/ John A Markham
Civil Service Commission
Council Member Nagle moved that the list be
approved and resolved to make it a matter of
record. Seconded by Council Member Nicholson.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
Iowa Department of Transportation submitting
Notices in the Matter of Condemnation of certain
rights in land owned by University of Dubuque et
al: YMCA -YWCA Building Corp_ et al (also
amendment): Apex Oil Company et al: Plaza 20,
Inc_ et al: Rambo Oil Company et al: Transport
Sales Company: Weaver Enterprises, Ltd, et al:
Charles I Murphy et al: and Stephen F_ Hardie et
al, presented and read Council Member Nagle
moved that the Notices be received and filed
Seconded by Council Member Nicholson Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
REFUNDS REQUESTED — Joy Brown,
$50 00 on unexpired Cigarette License, presented
and read. Council Member Nagle moved that the
refunds be approved and Finance Director to issue
the proper check. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Proof of Publication certified to by the
Publisher on List of Claims paid for the month of
September, 1994, presented and read Council
Member Nagle moved that the proof of publication
be received and filed. Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Petition containing appror 20 signatures
submitting complaints regarding their neighbor at
1720 Wood St_, presented and read Council
Member Nagle moved that the petition be referred
to the City Manager Seconded by Council
Member Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager advising of receipt of 1994
Public Interest Defense Award from National
Association of Telecommunications Officer_ and
Advisors, presented and read Council Member
Nagle moved that the communication be received
and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending acceptance of
Pennsylvania Avenue at Hempstead High School
Traffic Signals, presented and read Council
Member Nagle that the communication be received
and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 339-94
ACCEPTING IMPROVEMENT
Whereas, the contract for the Pennsylvania
Avenue at Hempstead High School Traffic Signals
has been completed and the City Manager has
examined the work and filed his certificate stating
that the same has been completed according to the
tams of the contract, plans and specifications and
recommends it acceptance
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby accepted
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to the
contractor from the Street Construction Fund in
amount equal to the amount of his contract, less
any retained percentage provided for therein.
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Regular Session, November 7, 1994 356
RESOLUTION NO. 340-94
FINAL ESTIMATE
Whereas, the contract for the Pennsylvania
Avenue at Hempstead High School Traffic Signals
has been completed and the City Fneineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices and
inspection and all miscellaneous costs,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the cost of said improvement is
hereby determined to be $30,525 23 and the said
amount shall be paid from the Street Construction
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson earned by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending acceptance of
1993 Asphalt Paving Project, presented and read
Council Member Nagle moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 341-94
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1993 Asphalt
Paving Project has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been completed
according to the terry_ of the contract, plans and
specifications and recommends it acceptance
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby accepted
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to the
contractor from the Street Construction Fund, the
Parking Fund, the General Fund, and the Local
Option Sales Tax Fund in amount equal to the
amount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 342-94
FINAL ESTIMATE
Whereas, the contract for the 1993 Asphalt
Paving Project has been completed and the City
Fneineer has submitted his final estimate showing
the cost thereof including the cost of estimates,
notices and inspection and all miscellaneous costs,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the cost of said improvement is
hereby determined to be $464,10276 and the said
amount shall be paid from the Street Construction
Fund, the Parking Fund, the General Fund, and the
Local Option Sales Tax Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending acceptance of
1993 Asphalt Paving and Alley Reconstruction
project, presented and read Council Member
Nagle moved that the communication be received
and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 343-94
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1993 Asphalt
Paving and Alley Reconstruction Project has been
completed and the City Manager has examined the
work and filed his certificate stating that the same
has been completed according to the tams of the
contract, plans and specifications and recommends
it acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby accepted
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to the
contractor from the Tax Increment Financing
Funds in amount equal to the amount of his
contract, less any retained percentage provided for
therein.
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 344-94
FINAL ESTIMATE
357 Regular Session, November 7, 1994
Whereas, the contract for the 1993 Asphalt
Paving and Alley Reconstruction Project has been
completed and the City Fneineer has submitted his
final estimate showing the cost thereof including
the cost of estimates, notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the cost of said improvement is
hereby determined to be $127,995 25 and the said
amount shall be paid from the Tax Increment
Financing Funds of the City of Dubuque, Iowa
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending support to
Dubuque Main Street for the Great American
Main Street Award of the National Main Street
Center, presented and read Council Member
Nagle moved that the communication be received
and filed. Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 345-94
RESOLUTION AUTHORIZING THE
SUBMITTAL OF THE GREAT AMERICAN
MAIN STREET AWARD APPLICATION TO
THE NATIONAL MAIN STREET CENTER
Whereas, for the past ten years the City of
Dubuque has been a public partner with Dubuque
Main Street, Ltd., in the revitalization of
downtown Dubuque; and
Whereas, the economic health and cultural
vibrancy of downtown Dubuque is crucial to the
overall well-being of the City of Dubuque; and
Whereas, the City of Dubuque wholeheartedly
supports the activities of Dubuque Main Street,
Ltd, through its technical and financial
contributions to the revitalization effort and
materially participates in efforts to revitalize
downtown Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Mayor is hereby authorized
to sign and submit this resolution in support of
Dubuque Main Streets application for the Great
American Main Street Award of the National Main
Street Center
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Robbins moved that the rules
be suspended to allow anyone present to address
the Council Seconded by Council Member Nagle
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
Proof of Publication certified to by the
Publisher on Notice of Hearing to grant to John N_,
James H and Elizabeth B_ Gronen the right to
construct and maintain a septic system easement
on property located at 4900 Peru Road and
communication of City Manager recommending
approval of easement, presented and read Council
Member Robbins moved that the proof and
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 346-94
Whereas, pursuant to notice of time and place
of hearing, published in the Telegraph Herald, a
newspaper of general circulation in the City of
Dubuque, Iowa on the 28 day of October, 1994,
the City Council of the City of Dubuque, Iowa met
on the 7th day of November, 1994 at 7 30 p nr in
the Public Library Auditorium, 11th and Locust,
Dubuque, Dubuque County, Iowa to consider the
proposal to dispose of the Cirys interest in real
estate described in the attached Septic System
Easement incorporated herein by reference.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written, to the proposal to dispose of the
City's interest in the real estate described in the
attached Septic System Easement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 The disposal of the interest of the
City of Dubuque, Dubuque County, Iowa in the
real property described in the attached Septic
System Easement is hereby approved for the cost
of publication and filing fees
Section 2 The Mayor is authorized and
directed to execute the Septic System Easement
and the City Clerk is hereby authorized and
directed to deliver said easement to John N_, James
H., and Elizabeth B. Gronen upon receipt of the
above fees.
Section 3 The City Clerk be and is hereby
authorized and directed to record a certified copy
of this resolution and the Septic System Easement
at the offices of the City Assessor, Dubuque
County Recorder and the Dubuque County
Auditor.
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to rezone
Regular Session, November 7, 1994 358
property at 125 W 9th St from C-4 to OR District
and communication of Long Range Planning
Commission advising of their support of this
rezoning request, presented and read Council
Member Voetberg moved that the proof and
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
An Ordinance Amending Zoning Map by
reclassifying property located at 125 W 9th Street
from C-4 Downtown Commercial District to OR
Office Residential District, said Ordinance having
been presented and read at the Council Meeting of
10-17-94, presented for further action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 59-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 125 W. 9TH STREET FROM
C-4 DOWNTOWN COMMERCIAL
DISTRICT TO OR OFFICE 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 C-4
Downtown Commercial District to OR Office
Residential District, to wit
All of City Lot 168 and City Lot 168A and to the
center line of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2 The foregoing amendment 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 7th day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of November, 1994
It 11(15 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 Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Nicholson, Robbins, Voetberg
Nays—None Absent—Council Members Krieg,
Nagle.
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to rezone
property at 3049 Asbury Road from C-3 to C-2
District, presented and read Council Member
Kluesner 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, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Amending Zoning Map by
reclassifying property located at 3049 Asbury
Road from C-3 General Commercial District, with
Conditions, to C-2 Neighborhood Shopping Center
District, first reading only given 10-17-94,
presented for further action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 3049 ASBURY ROAD FROM
C-3 GENERAL COMMERCIAL DISTRICT,
WITH CONDITIONS TO C-2
NEIGHBORHOOD SHOPPING CENTER
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 C-3 General
Commercial District, with conditions to C-2
Neighborhood Shopping Center District, to wit
Lot 1 of Vonwald Place No 2 and to the center
line of the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2 The foregoing amendment 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 7th day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of November, 1994
It 11(15 Mary A Davis, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
Is to be finally passed be suspended Seconded by
Council Member Robbins Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Council Member Robbins moved final
consideration and passage of the Ordinance
Seconded by Council Member Kluesner Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to rezone
property at northwest corner of IFK Rd. and
Sunset Park Circle from R-4 to PR District,
presented and read Council Member Kluesner
moved that the proof of publication be received
359 Regular Session, November 7, 1994
and filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None Attomey A Hughes on behalf of
Ecumenical Housing, Inc requested rezoning
approval.
An Ordinance Amending Zoning Map by
reclassifying property located at the Northwest
corner of John F. Kennedy Road and Sunset Park
Circle from R-4 Multi -Family Residential District
to PR Planned Residential District and adopting a
Conceptual Development Plan, first reading only
on 10-17-94, now presented for further action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 61-94
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED AT THE NORTHWEST
CORNER OF JOHN F. KENNEDY ROAD
AND SUNSET PARK CIRCLE FROM R-4
MULTI -FAMILY RESIDENTIAL DISTRICT
TO PR PLANNED RESIDENTIAL
DISTRICT AND ADOPTING A
CONCEPTUAL DEVELOPMENT PLAN.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That in order to accomplish the
purposes of the PR Planned Residential District of
the Zoning Ordinance of the City of Dubuque,
Iowa, the zoning reclassification from R-4 Multi -
Family Residential District to PR Planned
Residential District and conceptual development
plan for Kennedy Manor, a copy of which is
attached hereto and made a part hereof, is hereby
adopted and approved for the following described
property, to wit:
Lot 25, Block 4, Sunset Park Subdivision and
to the center line of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2 Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of the
reclassification, the undersigned property owner(s)
agree(s) to the following conditions, all of which
the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public needs
that are caused directly by the zoning
reclassification
A Use Regulations_
The following regulations shall apply to
all uses made of land in the above
described PUD District
1) Principal permitted uses shall be
limited to seventy-eight dwelling
units in six (6) buildings on the 4 66
acre parcel.
2) No secondary or contingency uses
shall be permitted
3) Accessory uses shall include any use
customarily incidental and subordi-
nate to the principal use it serves_
B_ Lot and Bulk Regulations_
Development of land in the PUD District
shall be regulated as follows
1) All building structures and activities
shall be located in conformance with
the attached conceptual development
plan and all final site development
plans shall be approved in
accordance with provisions of the
PUD District regulations of this
ordinance and of Section 3-5.5 of the
Zoning Ordinance.
2) All other bulk regulations of the R-4
Multi -Family Residential District
shall be met for constmction of all
buildings and structures, as
established in Section 3-15 of the
Zoning Ordinance of the City of
Dubuque, Iowa.
C Performance Standards
The development and maintenance of uses
in this PUD District shall be established in
conformance with Section 3-5.5 of the
Zoning Ordinance and the following
standards
1) Lighting shall be provided per City
standards
2) All utilities including telephone and
cable television shall be installed
underground.
3) Sidewalks shall be placed four (4)
feet behind the curb parallel to the
street on all public street frontages
and constructed in accordance with
City standards
4) Final site development plans shall be
submitted in accordance with
Section 4-4 of the Zoning Ordinance
prior to constmction of each building
or structure unless otherwise
exempted by Section 4-4.
D. Open Space and Recreational Areas
Those areas not designated on the
conceptual development plan for
development shall be maintained as open
space, as defined by Section 8 of the
Zoning Ordinance by the property owner
and/or association
E Sign Regulations_
The sign regulations shall be in
accordance with the R-4 Multi -Family
Residential District as established in
Section 4-3.11 of the Zoning Ordinance.
F_ Additional Standards
1) The conceptual development plan
shall be valid for a period of five (5)
years provided a final site
development plan is submitted
within two (2) years from the date of
approval.
2) That 115 off-street parking spaces
shall be provided
G_ Transfer of Ownership
Transfer of ownership or lease of property
in this PUD District shall include in the
transfer or lease agreement a provision
that the purchaser or lessee acknowledges
awareness of the conditions authorizing
the establishment of the district
H Reclassification of Subject Property
The City of Dubuque, Iowa, may initiate
zoning reclassification proceedings to the
R-4 Multi -Family Residential District in
accordance with Section 6 of the Zoning
Ordinance if the property owner(s) fail(s)
to complete or maintain any of the
conditions of this ordinance
L Modifications
Any modifications of this Ordinance must
be approved by the City Council in
Regular Session, November 7, 1994 360
accordance with zoning reclassification
proceedings of Section 6 of the Zoning
Ordinance.
I. Recording.
A copy of this ordinance shall be recorded
at the expense of the property owner(s)
with the Dubuque County Recorder as a
permanent record of the conditions
accepted as part of this reclassification
approval within ten (10) days after the
adoption of this ordinance This
ordinance shall be binding upon the
undersigned and his/her heirs, successors
and assigns_
Section 3 The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa
Section 4 The foregoing amendment shall take
effect upon publication, as provided by law.
Passed, approved and adopted this 7th day of
November, 1994.
Terrence M. Duggan, Mayor
ATTEST:
Mary A Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 61-94
I, James L Yeast, representative for
Ecumenical Housing, Inc, property owner(s),
having read the tams and conditions of the
foregoing Ordinance No. 61-94 and being familiar
with the conditions thereof, hereby accept the same
and agree to the conditions required therein
Dated this 9th day of November, 1994
Ecumenical Housing, Inc
By RI James L Yeast
Published officially in the Telegraph Herald
newspaper this 23rd day of November, 1994
It 11!23 Mary A Davis, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Voetberg moved final
consideration and passage of the Ordinance
Seconded by Council Member Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to consider
disposing of City's interest on property located
contiguous to 2461 Kerper Blvd and
communication of City Manager recommending
approval to dispose of property, presented and
read. Council Member Nagle 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, Nagle,
Nicholson, Robbins, Voetberg Nays—None
RESOLUTION NO. 347-94
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, Iowa
on 28th day of October, 1994, the City Council of
the City of Dubuque, Iowa met on the 7th day of
November, 1994, at 7:30 p m. in the Public
Library Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the proposal
for the sale of real estate described as
Lot 2A of Block 14 of River Front Subdivision
No. 3 in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written, to the proposal to dispose of
interest of the City of Dubuque, Iowa in the
hereinabove described real estate to Kerper Realty
Company.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa in
real property described as Lot 2A of Block 14 of
River Front Subdivision No 3 in the City of
Dubuque, Iowa to Kerper Realty Company be and
the same is hereby approved for the sum of
$4,965.00, plus publication and filing fees:
conveyance shall be by Quit Claim Deed
Section 2 That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to the
above named grantees upon receipt of the purchase
price in full.
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 record a certified copy
of this resolution in the office of the City Assessor,
Dubuque County Recorder and the Dubuque
County Auditor
Passed, approved and adopted this 7th day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nagle moved adoption of the
Resolution Seconded by Council Member
Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to consider
disposing of City's interest on property located on
Kerper Blvd., and communication of City Manager
recommending approval to dispose of property,
presented and read Council Member Robbins
moved that the proof and communication be
received and filed. Seconded by Council Member
Voetberg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 348-94
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
361 Regular Session, November 7, 1994
circulation published in the City of Dubuque, Iowa
on 28th day of October, 1994, the City Council of
the City of Dubuque, Iowa met on the 7th day of
November, 1994, at 7:30 p m. in the Public
Library Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the proposal
for the sale of real estate described as
Lot 1A of Block 5 of River Front Subdivision
No. 3 in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written, to the proposal to dispose of
interest of the City of Dubuque, Iowa in the
hereinabove described real estate to Whalen
Industries, Inc
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the disposal of the interest of
the City of Dubuque, Dubuque County, Iowa in
real property described as Lot lA of Block 5 of
River Front Subdivision No 3 in the City of
Dubuque, Iowa to Whalen Industries, Inc be and
the same is hereby approved for the sum of
$13,000.00, plus publication and filing fees:
conveyance shall be by Quit Claim Deed
Section 2 That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to the
above named grantees upon receipt of the purchase
price in full.
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, t _ 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 record a certified copy
of this resolution in the office of the City Assessor,
Dubuque County Recorder and the Dubuque
County Auditor
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Voetberg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager responding to University of
Dubuque/U.S. 20 Traffic Study (Deferred from
meeting held on 10-17-94), presented and read
Council Member Nicholson moved that the matter
be removed from the table. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Communications received from Bob & Arlene
Mentzer, Marcella Tigges, Herman Meier, Mr &
Mrs Charles Banwarh, Frederick M & Virginia
Rohner, Denice Bergfeld, Richard O. Blum, Glen
C. and Jeanne R. Kane, Don & Kay Sloan,
William E & Janet L Russell, Dorothy Stmb,
Bob & Jeanette Schreiber, Robert W. & Marian R.
Gehrig, Leo McCormick, Dorothy & Warren
Wick, David M. Hunt, Tom & Aimee Ellis, John
Leyland, Harold G. and Kay Borsheim, Carole A.
and Thomas I Carroll, Elmer Suter, Rev Lyle
Wilgenbusch, Pastor of Sr Joseph the Worker
Church, Judith A Seeugling, Patti and Mike Carr,
Francis L McDermott supporting the report as
submitted by FOR Fneineering Inc and
requesting Council to concur with denial of access
to Highway 420 as requested by University of
Dubuque, presented and read. Council Member
Nicholson moved that the communications be
received and filed. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Member_
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Nicholson amended the motion
of 10-17-94 (to receive and file the study received
from HDR & State that we - the Council concur
with the recommendation), to receive and file the
report of FOR, to accept the projected delays to
traffic flow in the year 2017: to refer to IDOT and
recommend their approval of a full -access,
signalized intersection at University Plaza and
Plaza 20 with no delays in current construction
schedules: and further, if IDOT approves HDRS
report, Dial Cory_ & the University of Dubuque
file a revised Conceptual Plan showing the access
and that Plan shall be subject to Final City Council
review at a Public Hearing. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—Mayor
Duggan.
Council recessed at 8 29 p rn: Council
reconvened at 8:48 p m.
Proof of Publication certified to by the
Publisher regarding a waiver petition on an
agreement with TCI Cablevision providing for a
series of fiber optic connections to the Iowa
Communications Network, and communications
from Mercy Health Center, Northeast Iowa
Community College, Lords College, Clarke
College, Keystone Area Education Agency,
Archdiocese of Dubuque Office of Educational
Services, Cable TV Regulatory Commission,
Cable Community Teleprogramming Commission,
Dubuque Community School District and
University of Dubuque supporting the proposed
agreement, presented and read Council Member
Nicholson moved that the proof and
communications be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 349-94
RESOLUTION (1) APPROVING AND
GRANTING THE OCTOBER 3, 1994
PETITION OF THE CABLE TV
REGULATORY COMMISSION AND TCI
OF IOWA, INC, (2) GRANTING WAIVERS
OF SPECIFIED REQUIREMENTS
CONTAINED IN CABLE FRANCHISE
ORDINANCE NO. 42-81 SECTION 6.2 TO
SEPTEMBER 30, 2001 AS REQUESTED IN
THE PETITION, (3) APPROVING AND
Regular Session, November 7, 1994 362
AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN
TCI OF IOWA, INC. AND THE CITY TO
BUILD CERTAIN FIBER OPTIC
COMMUNICATIONS SYSTEM
COMPONENTS AS REQUESTED IN THE
PETITION
Whereas, TCI of Iowa, Inc, dba TCI
Cablevision of Dubuque, Inc is the Grantee to the
Dubuque Cable Services Delivery Franchise,
Ordinance No 42-8L and
Whereas, the Grantee's representatives have
entered into extensive good faith negotiations with
the Citys Cable Franchise Administrator and the
Cable TV Regulatory Commission to upgrade
technology and services required by Ordinance No
42-81 in a manner best suited to present and future
community needs as well as the latest economic
and technical resources; and
Whereas, the Cable TV Regulatory
Commission and the Grantee on October 3, 1994
proposed that the City Council to enter into an
Agreement with the Grantee by which the Grantee
would construct certain new fiber optic
communication links and the City would construct
a system hub building on City property near the
intersection of West Third St and College St_,
utilizing Updating Funds contributed by the
Grantee; and
Whereas, the Grantee and the Cable TV
Regulatory Commission also petitioned the City
Council to waive certain specific interactive
technology requirements contained within Sec 6 2
of Ordinance No 42-81 and further described in
sections of the Franchise Application and the 1987
Franchise Transfer Agreement, to the end of the
franchise tem, (which is September 30, 2001),
and
Whereas, the Proposed Agreement and waiver
request have received strong endorsement from
both Cable Commissions, the City Manager and
City Staff, and a host of local educational and
health care institutions, and
Whereas, the City Council finds the Proposed
Agreement and waivers to further the public
interest and contribute to future potential for a
broad variety of community benefits
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the proposed Agreement
between the City of Dubuque and TCI of Iowa,
Inc. is hereby approved and agreed to.
Section 2 That the October 3, 1994 Petition of
the Cable TV Regulatory Commission and TCI of
Iowa, Inc to waive certain specific requirements
contained within Section 6 2 of Ordinance No 42-
81 and further described in the Franchise
Application and 1987 Franchise Transfer
Agreement, set forth in the Proposed Agreement, is
hereby granted.
Section 3. That the Mayor of the City of
Dubuque, Iowa is hereby authorized to execute
any documents necessary to accomplish the intent
of this Resolution
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Nicholson moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager responding to the appeals of
Tammy Smith and Robert Hedrick regarding
denial of property loss claims, presented and read
Council Member Voetberg moved that the
communications be received and filed and
concurred with denial. Seconded by Council
Member Kluesner Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager submitting an amendment to the
Dubuque Racing Association lease, 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, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 350 - 94
RESOLUTION APPROVING THIRD
AMENDMENT TO LEASE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THE DUBUQUE RACING
ASSOCIATION, LTD.
Whereas, the City of Dubuque, Iowa (City) and
Dubuque Racing Association, Ltd (Association)
entered into a written Lease Agreement on
February 28, 1990, which Lease Agreement was
amended on July 23, 1990, and October 18, 1993;
and
Whereas, it is necessary to further amend
certain provisions of the Lease Agreement, and
Whereas, Association and City now desire,
pursuant to the Lease Agreement, to amend the
Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Third Amendment to the
Lease Agreement between the City and the
Association is hereby approved and the Mayor is
authorized and directed to sign the Third
Amendment on behalf of the City
Passed, approved and adopted this 7th day of
November, 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, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Authorizing An Pape Transfer,
Inc to construct a Parking Lot on a portion of
property located on East 12th Street, first reading
only given at meeting of 10-17-94), presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 62-94
AN ORDINANCE AUTHORIZING ART
PAPE TRANSFER, INC. TO CONSTRUCT A
PARKING LOT
363 Regular Session, November 7, 1994
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That An Pape Transfer, Inc as the
owner of the premises known as 1080 East 12th
Street, Dubuque, Iowa, and legally described as
Riverfront Subdivision be and they are hereby
granted the revocable permit and authority to
construct and maintain a parking lot under the
tams and conditions set forth in this Ordinance
Section 2 That such construction shall be done
in accordance with plans heretofore submitted by
permittee and approved by the City Manager,
under the supervision and direction of the City
Manager, and in accordance with all applicable
state and federal laws and regulations, and the
Ordinances of the City of Dubuque
Section 3 That the pemission herein granted
is expressly conditioned on permittee' agreement
to:
a Assume any and all liability for damages
to persons or property which may result
from the existence, location, installation,
construction or maintenance of said
parking lot, and
b Art Pape Transfer, Inc further agrees to
procure and maintain in force during the
tem of this permit a policy of liability
insurance insuring the liability of the City
of Dubuque, Iowa, from any casualty
claims arising out of the pemit for the use
of said premises or the operation
conducted thereon and said liability policy
shall be written with minimal limits of not
less than $1,000,000.00 for injuries to
any one person and not less than
$1,000,000.00 for any one accident and
for not less than $1,000,00000 for
property damage.
c Pay on behalf of the City of Dubuque, all
SUMS which the City of Dubuque shall
become obligated to pay by reason of the
liability imposed upon the City of
Dubuque for damages of any kind
resulting from the location, installation,
existence, construction or maintenance of
said parking lot sustained by any person
or persons, caused by accident or
otherwise to defend at its own expense and
on behalf of said City any claim against
the City of Dubuque arising out of the
location, installation, existence,
construction or maintenance of parking lot
and to pay reasonable attorney fees
therefor; and
d Pay a lease payment of $450 00 per year,
payable in advance on the lit day of each
November of each year the lease remains
in effect.
e Indemnify, defend and hold the City of
Dubuque free and harmless from any and
all claims, loss, liability and expense for
death and/or injuries to third persons or
damages to property of third persons, or
for damage to any property of the City of
Dubuque which may occur as a result of
or in connection with the location,
installation, construction, maintenance
and repair of the facility, work or
improvement permitted herein.
Section 4 That the permission herein granted
is expressly conditioned upon permittee' further
agreement that should the right and privilege
herein granted be rescinded or revoked by the City
Council, permittee, or their successors in interest,
as owner_ of the abutting property, shall within ten
(10) days after receipt of written notice from the
City Manager, so to do, at their own expense,
remove said parking lot and in the event of their
failure to do so, the City of Dubuque shall be
authorized to remove said parking lot at permittee•''
expense and dispose of the same, and the permittee
shall have no claim against the City or its agents
for damages resulting from the removal of said
parking lot.
Section 5. That the City of Dubuque hereby
reserves an access easement over and across the
leased portion of 12th Street for the purpose of
maintaining abutting property owned by the City
and/or the State of Iowa
Section 6 That permittees covenant and agree
that the revocable permit herein granted does not
constitute an approval of the design, erection,
location, construction, repair or maintenance of
said facility and said permittees hereby covenant
and agree not to assert such claim or defense
against the City of Dubuque in the event of claim
asserted for death, personal injuries and/or
property damage against the permittees arising out
of or in any way connected with the location,
installation, construction, design, repair and
maintenance of the facility herein permitted.
Section 7 This Ordinance shall become
effective and the rights hereunder accrue to An
Pape Transfer, Inc when this Ordinance has been
adopted by the City Council and the tams and
conditions thereof accepted by permittees by
acceptance endorsed on this Ordinance
Section 8. That the City Clerk be and she is
authorized and directed to file at permittee'
expense a copy of this ordinance in the Office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 7th day of
November, 1994.
Terence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 62-94
The undersigned having read and being
familiar with the tams and conditions of
Ordinance No 62-94, hereby, for themselves, their
successors or assigns, as owners of the abutting
property, accept the same and agree to be bound by
the conditions and agreements therein contained to
be performed by permittees
By_ RI Lore Pape
Title_ President
Dated_ 1111194
Published officially in the Telegraph Herald
newspaper this 15th day of November, 1994
It 11!15 Mary A Davis, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
Is to be finally passed be suspended Seconded by
Council Member Voetberg Coined by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Council Member Kluesner moved final
consideration and passage of the Ordinance
Seconded by Council Member Nicholson Coined
by the following vote_ Yeas—Mayor Duggan,
Regular Session, November 7, 1994 364
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voeberg Nays—None
An Ordinance Amending certain sections of
Chapter 34 of the Code of Ordinances regarding
Parks and Recreation, first reading only given at
meeting of 10-17-94, presented for further action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 63-94
AN ORDINANCE AMENDING CHAPTER
34 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, PARKS AND
RECREATION, BY REPEALING SECTION
34-11 RELATING TO PARK RANGERS
AND ADOPTING A NEW SECTION 34-11
RELATING TO PARK RANGERS IN LIEU
THEREOF; BY REPEALING SECTION 34-
23 RELATING TO THE POWERS OF THE
PARKS AND RECREATION COMMISSION
AND ADOPTING IN LIEU THEREOF A
NEW SECTION 34-23 RELATING TO THE
POWERS OF THE PARKS AND
RECREATION COMMISSION; BY
REPEALING SECTION 34-26(0 RELATING
TO THE EXPIRATION DATE FOR TERMS
OF OFFICE OF COMMISSIONERS AND
RENUMBERING PARAGRAPHS (c), (d)
AND (e) AS PARAGRAPHS (b),(c) AND (d);
BY REPEALING SECTION 34-30(e)
RELATING TO COMMISSION MEETINGS
AND ADOPTING NEW PARAGRAPH 34-
30(e) RELATING TO COMMISSION
MEETINGS; BY REPEALING SECTION 34-
41 RELATING TO THE OFFICE OF
LEISURE SERVICES MANAGER AND
ADOPTING A NEW SECTION 34-41
RELATING TO THE OFFICE OF LEISURE
SERVICES MANAGER IN LIEU THEREOF;
BY REPEALING SECTION 34-42
RELATING TO THE APPOINTMENT AND
TERM OF OFFICE OF THE LEISURE
SERVICES MANAGER AND ADOPTING A
NEW SECTION 34-42 RELATING TO THE
APPOINTMENT AND TERM OF OFFICE
OF THE LEISURE SERVICES MANAGER
IN LIEU THEREOF; BY REPEALING
SECTION 34-52, PARAGRAPHS (c) AND (d)
RELATING TO THE USE OR
CONSUMPTION OF BEER, INCLUDING
KEG BEER, IN CITY PARKS AND
ADOPTING A NEW SECTION 34-52,
PARAGRAPHS (c) AND (d) IN LIEU
THEREOF; BY REPEALING SECTION 34-
64 RELATING TO MOVING BENCHES
AND TABLES AND ADOPTING A NEW
SECTION 34-64 RELATING TO MOVING
BENCHES AND TABLES IN LIEU
THEREOF; BY REPEALING SECTION 34-
65 RELATING TO INTERFERING WITH
PARK PERSONNEL AND ADOPTING A
NEW SECTION 34-65 RELATING TO
INTERFERING WITH PARK PERSONNEL
IN LIEU THEREOF; BY REPEALING
SECTION 34-67(e) RELATING TO
MOTORIZED VEHICLES IN PARKS AND
ADOPTING A NEW SECTION 34-67(e)
RELATING TO MOTORIZED VEHICLES
IN PARKS IN LIEU THEREOF; BY
REPEALING SECTION 34-68 RELATING
TO MEETINGS AND GATHERINGS IN
PARKS AND ADOPTING A NEW SECTION
34-68 RELATING TO MEETINGS AND
GATHERINGS IN PARKS IN LIEU
THEREOF; BY REPEALING SECTION 34-
69 RELATING TO FIRES IN PARKS AND
ADOPTING A NEW SECTION 34-69
RELATING TO FIRES IN PARKS IN LIEU
THEREOF; BY REPEALING SECTION 34-
71 RELATING TO WASHING VEHICLES
IN PARKS AND ADOPTING A NEW
SECTION 34-71 RELATING TO WASHING
VEHICLES IN PARKS THEREOF; BY
REPEALING SECTION 34-73 RELATING
TO THE REMOVAL OF UNATTENDED
VEHICLES AND ADOPTING A NEW
SECTION 34-73 RELATING TO THE
REMOVAL OF UNATTENDED VEHICLES
IN LIEU THEREOF; BY REPEALING
SECTION 34-74 RELATING TO OPEN
SEASON AND HOURS OF PARKS AND
ADOPTING A NEW SECTION 34-74
RELATING TO OPEN SEASON AND
HOURS OF PARKS IN LIEU THEREOF; BY
REPEALING SECTION 34-112 RELATING
TO RIVERVIEW PARK AND ADOPTING A
NEW SECTION 34-112 RELATING TO
MILLER-RIVERVIEW PARK; BY
REPEALING SECTION 34-113 RELATING
TO MAUS PARK; BY REPEALING
SECTION 34-120 RELATING TO THE
JULIEN DUBUQUE GRAVE SITE AND
ADOPTING A NEW SECTION 34-120
RELATING TO THE JULIEN DUBUQUE
GRAVE SITE IN LIEU THEREOF; BY
REPEALING SECTION 32-231(c)
RELATING TO THE SPEED LIMIT ON
STREETS AND ROADWAYS IN CITY
PARKS AND ADOPTING A NEW SECTION
32-231(c) RELATING TO THE SPEED
LIMIT FOR STREETS AND ROADWAYS IN
CITY PARKS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 34-11 of the City of
Dubuque Code of Ordinances is amended by
repealing said section and adopting the following
new section in lieu thereof
Section 34-11. Park ranger__
Employees assigned duties from time to time as
park ranger_ in the Leisure Services Department
are designated as law enforcement officer_ subject
to the certification of the successful completion of
training at an approved law training facility.
Section 2 Section 34-23 of the City of
Dubuque Code of Ordinances is amended by
repealing said section and adopting the following
new section in lieu thereof
Section 34-23 Powers
The responsibilities of the commission are to
advise the City Council on
(1) The establishment of rules and regulations
governing the use of all grounds and
facilities that have been or may be set
aside as public parks, playgrounds and
other such park and recreation facilities
Such rules and regulations to include but
not limited to:
a Establishment of opening and closing
hours for the use of all park and recreation
facilities by the general public
b Establishment and collection of fees,
including the issuance of pemits for
public use of all park and recreation
facilities
365 Regular Session, November 7, 1994
(2) Establish rules and regulations for all
recreational programs provided by the
city, including the establishment and
collection of fees for participation by the
public in such activities
Other matters pertaining to park and
recreation grounds, facilities, programs
and needs.
Section 3 Section 34-26 of the City of
Dubuque Code of Ordinances is amended by
repealing Paragraph (b) and renumbering
paragraphs (c), (d), and (e) as (b), (c) and (d):
(b) The expiration date for all tams of office
shall be June 30th of the appropriate year.
(c) Membership on the commission shall be
limited to persons who are residents of the
city.
(d) Vacancies caused by death, resignation or
otherwise on the commission shall be
promptly filled by the city council for the
unexpired tem of office.
(Code 1976, ¢27-21)
Section 4 Section 34-30 of the City of
Dubuque Code of Ordinances is hereby amended
by repealing Paragraph (a) and adopting the
following new Paragraph (a) in lieu thereof
(a) The Commission shall meet not less than
bimonthly, after 4:30 p m. on a regularly
scheduled day
Section 5. Section 34-41 of the City of
Dubuque Code of Ordinances is hereby amended
by repealing said section and adopting the
following new section in lieu thereof
Section 34-4L Office created, responsibilities
generally_
There is hereby created the office of Leisure
Services Manager of the city charged with the
responsibility of directing and administering the
activities of the park and recreation divisions
comprising the Leisure Services Department
Section 6_ Section 34-42 of the City of
Dubuque Code of Ordinances is hereby amended
by repealing said section and adopting the
following new section in lieu thereof
Section 34-42 Appointment tem of office
The Leisure Services Manager shall be
appointed by the city manager and shall hold office
at the pleasure of the city manager
Section T Section 34-52 of the City of
Dubuque Code of Ordinances is hereby amended
by repealing Paragraphs (c) and (d) and adopting
the following new Paragraphs (c) and (d) in lieu
thereof
(c) Where the use or consumption of beer is
permitted, no beer in containers
commonly referred to as "keg beer" shall
be permitted at any time except by a
licensedholder of a beer permit who has
obtained a park permit from the leisure
services department authorizing the use of
such container
(d) The consumption or use of beer is
prohibited in the following -named parks_
Julien Dubuque Grave Site, Jackson Park,
Grant Park, Washington Park, Burden
Playground, Madison Park, Allison -
Henderson Park, Jefferson Park, Hilltop
Playground, Oakwood Park, Falk
Playground, E B_ Lyons
Prairie\Woodland Preserve, Flat Iron
Park, Nicholas J_ Sutton Swimming Pool,
Comiskey Park, Gay Playground, Avon
Park, Caledonia Playground, Waller -
(3)
Cooper Iot Lot, Cleveland Park, Valley
High Playground, and Hillcrest Tot Lot_
Section 8. Section 34-64 of the City of
Dubuque Code of Ordinances is amended by
repealing said section and adopting the following
new section in lieu thereof
Section 34-64 Moving benches and tables
No person shall move benches, seats and tables
from any building or to any building in any park or
parkway without first securing permission of the
leisure services manager
Section 9 Section 34-65 of the City of
Dubuque Code of Ordinances is amended by
repealing said section and adopting the following
new section in lieu thereof
Section 34-6i Interfering with personnel
No person shall loaf in any park workshop or
interfere with or keep any park employee from
performing such employee's duties Solicitation of
any park employee during working hours by any
salesperson, agent or any other person is hereby
prohibited.
Section 10 Section 34-67 of the City of
Dubuque Code of Ordinances is hereby amended
by repealing Paragraph (e) and adopting the
following new Paragraph (e) in lieu thereof
(e) It shall be unlawful for any car, truck,
motorcycle or any other type of motorized
vehicle to drive on end\or park on any
grass area in any park or recreation
facility except with the express permission
of the leisure services manager's designee
Section 11 Section 34-68 of the City of
Dubuque Code of Ordinances is hereby amended
by repealing said section and adopting the
following new section in lieu thereof
Section 34-68. Meetings and gatherings
Buildings for group gatherings may be reserved
during the open park season by contacting the park
and recreation office Such reservations can be
made after January 1_-t for that year's park season
Buildings shall be cleaned up after use by the party
reserving the same Litter, cans, paper, waste and
refuse shall be deposited in receptacles provided
therefor.
Section 12 Section 34-69 is hereby repealed,
and the following new Section 34-69 adopted in
lieu thereof
Section 34-69. Fires
No person shall start any fire in any park or
upon any parkway, except that small fires for
culinary purposes may be made by picnic parties in
the places in parks provided for that purpose
Every person who starts or uses any such fire is
hereby charged with the duty of completely
extinguishing such fire before leaving it.
Section 13 Section 34-71 is hereby repealed,
and the following new Section 34-71 adopted in
lieu thereof
Section 34-7L Washing vehicles
No person shall wash any motor vehicle,
motorcycle or scooter in any city park
Section 14 Section 34-73 is hereby repealed,
and the following new Section 34-73 adopted in
lieu thereof
Section 34-73. Removal of unattended vehicles
left after closing house
Any motor vehicle left unattended in any of the
parks after closing thereof shall be deemed
abandoned and the leisure services manager or the
park ranger shall cause the same to be towed from
such park and the same shall not be redeemed by
the owner or the person responsible therefor until
Regular Session, November 7, 1994 366
the reasonable towing charges and storage fees are
paid.
Section 15 Section 34-74 is hereby repealed,
and the following new Section 34-74 adopted in
lieu thereof
Section 34-74. Open season and hours
generally_
(a) No person shall enter or remain in any
park or park and recreation facility other
than during the season and hours
designated in this section
For purposes of this section, the regular
park season shall mean from the first
Saturday in May through the fourth
Sunday in October.
(c) Eagle Point Park and Louis Murphy Park
shall be open for use by the public from
7:00 a . to 10:00 p m. Sunday through
Thursday, and from 7 00 a m to 11 00
p m. Friday and Saturday during the
regular park season
(d) Marshall Park and the public use area of
Franklin D_ Roosevelt Park shall be open
to the general public from 700 a m to
sunset daily during the regular park
season
(e) Gerald "Red" McAleece Park and
Recreation Complex and Veterans_'
Memorial Park shall be open for use by
the public from 700 a m to 1200
midnight daily.
Bunker Hill Golf Course shall be open for
use by the public from 700 a m to 11 00
p m. daily, April through October.
(g) Flora Park Swimming Pool and Nicholas
I_ Sutton Swimming Pool shall be open
for use by the public from 6 00 a m to
10:00 pm daily, June through August
The following parks and park and
recreation facilities shall be open for use
by the public from 7:00 a . to 10:00
p m. daily:
Allison -Henderson Park
Avon Park
Burden Playground
Caledonia Playground
Cleveland Park
Comiskey Park
Falk Playground
Flat Iron Park
Flora Park
Gay Playground
Grant Park
Hillcrest Tot Lot
Hilltop Playground
Jackson Park
Jefferson Park
Madison Park
Julien Dubuque Grave Site
Oakwood Park
Valley High Playground
Waller -Cooper Tot Lot
Washington Park
Miller -Riverview Park shall be open for
use by the public from 700 a m until
10.00 p m daily, and only registered
campers shall be permitted in the area at
all other hours
0) The city manager or authorized
representative shall have the authority to
close any or all parks, park and recreation
facilities, park roadways and park parking
lots before scheduled closing hours at
ro)
(0
m)
(i)
times it is deemed necessary in the interest
and safety of the public
Section 16 Section 34-75 is hereby repealed
Section 12 Section 34-109 is hereby repealed
Section 18. Section 34-112 is hereby repealed,
and the following new Section 34-112 adopted in
lieu thereof
Section 34-112 Miller -Riverview Park
The following -described parcel of real estate is
and shall be known, called and named as "Miller -
Riverview Park" and placed under the jurisdiction
of the park and recreation commission
That part of Chaplain Schmitt Memorial Lsland
located northerly of the Dubuque greyhound
racing facility and easterly of the wetlands area
extending easterly an average of approximately
four hundred (400) feet more or less to the
Mississippi River
Section 19. Section 34-113 is hereby repealed
Section 20 Section 34-120 is hereby repealed,
and the following new Section 34-120 adopted in
lieu thereof
Section 34-120 Julien Dubuque Grave Site
The following -described parcel of real estate is
and shall be continued to be known, called and
named as "Julien Dubuque Grave site and placed
under the jurisdiction of the park and recreation
commission
Lot 1 of Government Lot 1, in Section 5, Lot 2 of
Lot 5 of Government Lot 1, in Section 6;
Township 88 North, Range 3 East of the 5th P M,
in Dubuque County, Iowa, according to the
respective recorded Plats thereof
(Code 1976, ¢27-122
Section 2L Section 32-231(c) of the City of
Dubuque Code of Ordinances is hereby amended
by deleting the second unnumbered paragraph and
adopting the following in lieu thereof
FIFTEEN (15) MILES PER HOUR
STREETS AND ROADWAYS IN ALL CITY
PARKS.
Section 22 Nothing herein shall affect the
terms of office of the members of the Park and
Recreation Commission serving on the effective
date of this Ordinance
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 17th day of November, 1994
It 11/17 Mary A Davis, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Voetberg Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Council Member Kluesner moved final
consideration and passage of the Ordinance
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
An Ordinance Amending Code of Ordinances
by adopting in lieu thereof a new Section 44-
103(b)(7)(1) providing for a revision of the
Industrial Pretreatment Fee Structure, first reading
367 Regular Session, November 7, 1994
only given at meeting of 10-17-94, presented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 64-94
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY REPEALING
SECTION 44-103(6)(7)(1) RELATING TO
INDUSTRIAL PRETREATMENT FEE
STRUCTURE, AND BY ADOPTING IN
LIEU THEREOF A NEW SECTION 44-
103(6)(7)(1) PROVIDING FOR A REVISION
OF THE INDUSTRIAL PRETREATMENT
FEE STRUCTURE
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L Section 44-103(b)(7)(1) of the Code
of Ordinances of the City of Dubuque, Iowa is
hereby repealed.
Section 2 The following new Section 44-
103(b)(7)(1) is hereby adopted_
(1) Beginning August 1, 1994, a general
pretreatment administration fee shall be assessed
each wastewater discharge permit holder for
wastewater discharged into the POTW in the
following amounts_
Flow/Day Charges
0 -200,000 gallons $ 012/Ccf
200,000 -1,000,000 gallons $005/Ccf
Over 1,000,000 gallons 0
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 16th day of November, 1994
It 11/16 Mary A Davis, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Kluesner 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, Nagle,
Nicholson, Robbins, Voetberg Nays—None
An Ordinance Amending Code of Ordinances
by amending Section 32-262(d) prohibiting
parking in designated streets or portions thereof
and adding parking on portions of White Street,
first reading only given at meeting of 10-17-94,
presented for further action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 65-94
AN ORDINANCE AMENDING SECTION
32-262(d) OF THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE, IOWA
PROHIBITING PARKING ON
DESIGNATED STREETS OR PORTIONS
THEREOF ADDING CERTAIN PORTIONS
OF WHITE STREET
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by deleting
from Subsection (d) of Section 32-262 the
following:
White Street, west side, from the north property
line of East Fourth Street to a point thirty-seven
(37) feet north thereof
Section 2 That the Code of Ordinances of the
City of Dubuque by adding to Subsection (d) of
Section 32-262 the following_
White Street, both sides, from East Fourth
Street to East Fifth Street west side, from East
Seventh Street to East Eight Street east side,
from East Twenty -Fifth Street to East Twenty -
Sixth Street
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of November, 1994
It 11/15 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 Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Amending Code of Ordinances
by revising subsection (c) of Section 32-231
thereof providing for the establishment of speed
limits on US_ 61/151/52 from the southerly city
limits to the northerly city limits, first reading only
given at meeting of 10-17-94, presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 66-94
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY REVISING
SUBSECTION (C) OF SECTION 32-231
THEREOF PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS ON
U.S. 61/151/52 FROM THE SOUTHERLY
CITY LIMITS TO THE NORTHERLY CITY
LIMITS.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by deleting
U _ 61/151/52 from Subsection (c) of Section 32-
231 thereof as follows
"Sec 32-23L Limits Generally
(c)
- THIRTY-FIVE (35) MILES PER HOUR
U S_ 61/151/52, from a point one hundred fifty
(150) feet south of Fourth Street to a point one
Regular Session, November 7, 1994 368
hundred twenty-five (125) feet south of the
Locust Street Connector
FORTY (40) MILES PER HOUR
U _ 61!151!52, from a point one -hundred
twenty-five (125) feet south of the Locust
Street Connector to a point three hundred
twenty-five (325) feet south of the Julien
Dubuque Bridge.
FIFTY (50) MILES PER HOUR
U 61!151!52, from a point three hundred
twenty-five (325) feet south of the Julien
Dubuque Bridge to a point twelve hundred fifty
(1,250) feet south of Grandview Avenue
FIFTY-FIVE (55) MILES PER HOUR
U _ 61!151!52, from a point twelve hundred
fifty (1,250) feet south of Grandview Avenue
to the southerly City limits
Section 2 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
U _ 61!151!52 to Subsection (c) of Section 32-
231 thereof as follows_
"Sec 32-23L Limits Generally
(c)
- FORT7'FIVE (43) MILES PER HOUR
U S_ 61!151!52, from a point one hundred fifty
(150) feet north of Fifth Street to a point eleven
hundred (1,100) feet south of the Julien
Dubuque Bridge.
FIFTY-FIVE (55) MILES PER HOUR
U S_ 61!151!52, from a point one hundred fifty
(150) feet north of Fifth Street to the northerly
City limits on the Dubuquesconsin Bridge,
and from a point eleven hundred (1,100) feet
south of the Julien Dubuque Bridge to the
southerly City limits_
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Kluesner moved final
consideration and passage of the Ordinance
Seconded by Council Member Nagle Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg Nays—None
An Ordinance Amending Code of Ordinances
by revising subsection (c) of Section 32-231
thereof providing for the establishment of speed
limits on U S_ 20 from Locust Street to the easterly
city limit on the Julien Dubuque Bridge, first
reading only given at meeting of 10-17-94,
presented for further action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 67-94
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY REVISING
SUBSECTION (C) OF SECTION 32-231
THEREOF PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS ON
U.S. 20 FROM LOCUST STREET TO THE
EASTERLY CITY LIMIT ON THE JULIEN
DUBUQUE BRIDGE
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
U _ 20 to Subsection (c) of Section 32-231
thereof as follows_
"Sec 32-23L Limits Generally
(c)
- FORTY (40) MILES PER HOUR
U _ 20, from Locust Street to the easterly City
limit on the Julien Dubuque Bridge
Passed, approved and adopted this 7th day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 15th day of November, 1994
It 11(15 Mary A Davis, City Clerk
Council Member Kluesner moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending approval of
codification of all ordinances to the City Code of
Ordinances, presented and read Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
An Ordinance Readopting the Codification of
all ordinances of the City of Dubuque passed and
adopted to August 1, 1994, presented and read
(OFFICIAL PUBLICATION)
ORDINANCE NO. 68-94
AN ORDINANCE READOPTING THE
CODIFICATION OF ALL ORDINANCES
OF THE CITY OF DUBUQUE, IOWA, OF A
GENERAL OR PUBLIC NATURE OR
IMPOSING A FINE OR PENALTY
INCLUDING CODES AND MAPS
ADOPTED BY REFERENCE, AS THE
OFFICIAL CODE OF THE CITY OF
DUBUQUE, IOWA, AS PROVIDED FOR
AND PURSUANT TO CHAPTER 380 OF
THE IOWA CODE; PROVIDING FOR THE
TITLE AND CITATION OF THE CODE;
REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES OF A GENERAL
OR PUBLIC NATURE OR IMPOSING A
FINE OR PENALTY, PASSED ON OR
PRIOR TO AUGUST 1, 1994, EXCEPT
THOSE NOT CONTAINED IN SAID CODE
OR RECOGNIZED AND CONTINUED IN
FORCE BY REFERENCE THEREIN;
PROVIDING PENALTIES FOR THE
369 Regular Session, November 7, 1994
VIOLATION OF THE SEVERAL SECTIONS
THEREOF; AND PRESCRIBING THE
TIME WHEN THIS ORDINANCE SHALL
BE IN FULL FORCE AND EFFECT.
Whereas, pursuant to Ordinance No 55-76
adopted November 1, 1976, after a duly convened
public hearing, the City Council of the City of
Dubuque, Iowa, adopted a Code of Ordinances
with an effective date of December 3, 1976, as
provided in Section 380.8 of the Iowa Code; and
Whereas, Section 3808 of the Iowa Code
provides that at least once every five years, a city
shall compile a set of ordinances to be adopted by
an ordinance; and
Whereas, pursuant to Ordinance No 63-81,
adopted November 6, 1981, the City Council of
the City of Dubuque, Iowa, readopted the said
Code of Ordinances with an effective date of
December 3, 1981, as provided in Section 380.8 of
the Iowa Code; and
Whereas, pursuant to Ordinance No 93-86,
adopted November 3, 1986, the City Council of
the City of Dubuque, Iowa, readopted the said
Code of Ordinances, with an effective date of
November 17, 1986, as provided in Section 380.8
of the Iowa Code; and
Whereas, pursuant to Ordinance No 34-89,
adopted July 17, 1989, the City Council of the
City of Dubuque, Iowa readopted the said Code of
Ordinances, with an effective date of July 20, 1989
as provided in Section 380 8 of the Iowa Code;
and
Whereas, The City Council has determined that
the Code of Ordinances should be adopted, as
edited and compiled without change in substance,
as provided in Section 380 8 of the Iowa Code
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 Code of Ordinances Readopted
That the proposed Code of Ordinances of the City
of Dubuque, Iowa printed by the Municipal Code
Corporation, Iallahassee, Florida, and Sterling
Codifier_, Inc, Weiser, Idaho, heretofore filed in
the Office of the City Clerk of the City of
Dubuque, Iowa, consisting of Chapters 1 through
46, with Appendix A, Appendix B, Appendix C,
and Appendix D and including references to codes
adopted by reference, a printed copy of which is
attached hereto and incorporated herein by
reference the same as if set out in herein, is hereby
adopted as the "Code of Ordinances, City of
Dubuque, Iowa."
Section 2 Ordinances Repealed That all
ordinances of the City of Dubuque, Iowa, of a
general and permanent nature, enacted on or before
August 1, 1994 and not contained in said Code or
recognized and continued in force by reference
therein are hereby repealed from and after the
effective date of said Code, except as hereinafter
provided.
Section 3 Effect of Repeal; Ordinances Saved.
That the repeal provided for in Section 2 hereof
shall not affect any of the following-
(a) Any offense or act committed or any
penalty or forfeiture incurred or any contract or
right established or accruing before the effective
date of said Code_
(b) Any ordinance promising or guaranteeing
the payment of money to or from the City, or
authorizing the issuance of any bonds or other
evidence of indebtedness;
(c) Any appropriation or budget ordinance;
(d) Any ordinance establishing the
compensation of any City officer or employee;
(e) Any contract or obligation assumed by the
City;
(0 Any ordinance relating to the purchase,
condemnation, acquisition or dedication of
property for public use;
(g) Any ordinance dedicating, establishing,
opening, reopening, naming, renaming, widening,
narrowing or vacating any street, boulevard,
avenue, alley or other public way, including rights-
of-way
(h) Any ordinance establishing or changing
the grade of any street, avenue, boulevard,
trafficway or other public way;
(i) Any ordinance authorizing, directing or
otherwise relating to any public improvements;
0) Any ordinance establishing or changing
the limits of the City or pertaining to
consolidations, annexations or exclusions;
(k) Any ordinance levying general or special
taxes or special assessments;
(1) Any ordinance granting pensions for
retired officers and employees;
(m) Any ordinance granting any right,
privilege, easement or franchise to any person, fin m
or corporation;
(n) Any zoning ordinance, or amendment of
the City's zoning map;
(o) Any ordinance prescribing traffic
regulations for specific streets or areas, such as
ordinances designating one-way streets, arterial
highways, through streets, stop intersections or
intersections where traffic is to be controlled by
signals, and ordinances prohibiting restriction,
limiting or otherwise regulating the stopping,
standing or parking of vehicles on specific street or
in specific areas;
(p) Any ordinance establishing rates and
charges for, or fees for connection to any utility
service, not inconsistent with this Code;
(q) Any ordinance which, by its own tams,
expires after a specified time, or on the prescribed
date; and
(r) Any ordinance enacted on or after August
1, 1994.
The repeal provided for by Section 2 hereof
shall not be construed to revive any ordinance or
part thereof that has been repealed by a subsequent
ordinance repealed by this ordinance.
The above enumeration of exceptions shall not
be held or deemed to be exclusive, it being the
purpose and intention of this ordinance to exclude
from repeal any and all ordinances not of a general
nature.
Section 4 Severability of Provisions That
each chapter, and any and all subdivisions of said
Code hereby readopted, is independent of every
other chapter and subdivision thereof, and the
invalidity of any other chapter or subdivision
thereof, shall not invalidate any other chapter or
subdivision thereof
Section 5 Official Copy That the City Clerk
shall attach to the official copy of the Code of
Ordinances hereby readopted and attached hereto,
the City Clerk's official certificate showing
readopnon and the effective date thereof, and shall
retain the said copy and certificate on file in this
office where copies of the same shall be subject to
public inspection and for sale to the public
Section 6_ Amendments That any additions or
amendments to this Code when passed as
ordinances amending this Code and which indicate
Regular Session, November 7, 1994 370
the intention of the Council to make the same a
part hereof shall be deemed to be incorporated in
this Code so that a reference to the Code of
Ordinances, City of Dubuque, Iowa, shall be
understood to include thea
Section 7 Distribution of Copies That all
printed copies of the Code shall be deposited with
the City Clerk for distribution The City Clerk may
sell printed copies of said Code at the cost
established by the City Clerk
Section 8. General Penalty. That the doing of
any act prohibited or declared to be unlawful or an
offense by said Code of Ordinances, or the
commission or failure to peforrm any act or duty
required by said Code, shall unless another penalty
is specified, be punishable by a fine in a sum not
exceeding one hundred dollars ($100 00) or
imprisonment not to exceed thirty (30) days The
penalty herein provided shall be cumulative with
and in addition to the revocation, cancellation or
forfeiture of any license or permit elsewhere in this
Code provided for violation thereof or for civil
penalties or violations of municipal ordinances
Section 9 Effective Date That this ordinance
consisting of Sections 1 through 9, inclusive,
readopting the proposed Code of Ordinances of the
City of Dubuque, Iowa, heretofore filed in the
Office of the City Clerk of the City of Dubuque,
Iowa, consisting of Chapters 1 through 46, with
Appendix A, Appendix B, Appendix C, and
Appendix D and including codes adopted by
reference and all subdivisions, of the same, the
same being designated as the "Code of Ordinances,
City of Dubuque, Iowa, is in full force and effect
from and after the passage and publication of this
ordinance, according to law, and the "Code of
Ordinances, City of Dubuque, Iowa, shall be in
full force and effect from and after the publication
of this Ordinance No 68-94_
Passed, approved and adopted this 7th day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 16th day of November, 1994
It 11!16 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 Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by Council
Member Robbins Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 351-94
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, RE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C BEER PERMIT
IOWA OIL COMPANY
IOCO SPFPDE SHOPPE 3270 DODGE
MOLO OIL COMPANY
BIG 10 MART & CAR WASH
1875 IF K RD
Passed, approved and adopted this 7th day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 352-94
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
ARAGON TAP INC. ARAGON TAP
1103 IOWA ST
SAM W CHRI
LONG YUEN CHINESE RESTR.
2600 DODGE ST
SUNS CORP YEN CHING RESTR.
926 MAIN ST
Passed, approved and adopted this 7th day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Mary A Davis, City Clerk
Council Member Robbins moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending a public hearing
to held on November 21, 1994 for the purpose to
consider a Driveway and Parking Easement to
Iohn N., fames H. and Elizabeth B. Gronen on
property located at 4900 Peru Rd., presented and
read. Council Member Voetberg moved that the
communication be received and filed and set for
Public Hearing on Nov_ 21, 1994 at 7 30 p nr in
the Public Library Auditorium and direct the City
Clerk to publish notice in the manner prescribed by
law Seconded by Council Member Nicholson
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
371 Regular Session, November 7, 1994
Nicholson, Robbins, Voetberg Nays—None
Absent --Council Member Nagle
PUBLIC INPUT -
Tom Carroll, 141 Princeton PI., commented
that the possibility of the University of Dubuque
land being used for a Cultural Arts Center would
be agreeable but does not want to see commercial
development, also urged zoning to be kept
institutional and that attention should be paid to
the 14DR proposal
At 9 23 p nt, Council Member Voetberg
moved to go into Closed Session in accordance
with Chapter 215 1 (1) To discuss the purchase of
particular real estate where premature disclosure
could be reasonably expected to increase the price
the governmental body would have to pay for that
property. Seconded by Council Member
Nicholson Carried by the following vote
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council reconvened regular session at 935
P m.
There being no further business, Council
Member Voetberg moved to adjourn. Seconded by
Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Meeting adjourned at 9:36 p m.
Mary A Davis CMC
City Clerk
Approved 1995.
Adopted 1995.
Mayor
Council Members
Attest
City Clerk
Regular Session, November 21, 1994 376
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Meeting, November 21, 1994
Council Met at 730 p nr at the Public Library
Auditorium.
Preset: Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg,
City Manager Michael Van Milligen, Corporation
Counsel Barry A Lindahl
Absent at Roll Call_ Council Member Krieg
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 Father Florian
Schmidt, Pastor of St_ Marys Catholic Church
Council Member Krieg entered the Chambers
at 732 pnr
PROCLAMATIONS — Week of Nov_ 20th as
"Family Week".
MINUTES SUBMITTED — Airport
Commission of 9-13, 9-29 & 9-30; Cable
Community Teleprogrammnng Commission of 11-
1, Cable TV Regulatory Commission of 11-9,
Electrical Code Board of 11-7; Environmental
Stewardship Commission of 11-1, Housing Code
Appeals Board of 10-18, Housing Commission
Trust Fund Committee of 11-3, Human Rights
Commission of 10-10, Library Board of Trustees
of 10-17; Park & Recreation Commission of 11-8;
Plumbing Board of 11-9, Transit Trustee Board of
10-6 & 11-10, Zoning Commission of 11-2,
presented and read Council Member Voetberg
moved that the minutes be received and filed
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
NOTICES OF CLAIMS/SUITS —Douglas
Brimeyer vs City in unknown amount for personal
injuries and property losses, Tom Hines in amount
of $290 00 for vehicle damages, Ric Jones in est
amt of $200 00 for vehicle damages, Laura A &
Jaclyn A. Mickelson in undetermined amount for
personal injuries, presented and read Council
Member Voetberg moved that the claims and suits
be referred to the Legal Staff for investigation and
report. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
Corporation Counsel advising the following
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
Assurance Pool_ Personal injury of Lisa M Lessen,
Personal injury of Alfrieda Miersen, presented and
read. Council Member Voetberg moved that the
communications be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Brian C Sullivan appeal the denial of his claim
regarding property damages, presented and read
Council Member Voetberg moved that the appeal
be referred to the Legal Staff Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Finance Director submitting financial reports
for October, 1994, presented and read Council
Member Voetberg moved that the reports be
received and filed. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Communication of Hank Koester, owner of St
Marys Place No 5 requesting an extension of 180
days or May 15, 1995 to provide necessary
security as required in Resolution No 326-94 and
communication of City Manager recommending
approval of request, presented and read Council
Member Voetberg moved that the communications
be received and filed. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 353-94
A RESOLUTION RESCINDING
RESOLUTION NO. 326-94 AND
REAFFIRMING 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
that the grades have not been established and not
all paving constructed or installed, and
Whereas, the City Council in Resolution 326-
94 on October 17, 1994 has previously approved
the final plat,
377 Regular Session, November 21, 1994
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 L That the final plat of St Mary's
Place No 5, as set forth in Resolution No 326-94
is hereby rescinded
Section 2 That the easements for public
utilities, sanitary sewer, as they appear upon said
final plat, be and the same are hereby accepted;
and
Section 3 That the final plat of Lots 1 and 2
and Lot A of St Mary's 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
Fncineer.
b To install sanitary sewer mains and sewer
service laterals, water mains and water
service laterals, stone 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 constmction
improvement plans approved by the City
Fneineer, and inspected by the City
Fncineer.
c To constmct sidewalks within one year as
shown on the approved conceptual
development plan adopted by Ordinance
45-93.
d To constmct 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
perforin 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 pefoi-m on
the premises, that the city may enter the
street and pefonn 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
Mary's Place No 5, shall be assessed
against the owner or successors as
assigned and a lien placed upon said real
property.
Section 4 That if the owners, Hendee, Inc.
shall fail to execute the acceptance and furnish the
security provided for in Section 3 within 180 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 Hendee, Inc, as
owners of said property, shall secure the
performance for the constmction of sanitary sewer
by providing guarantees in such fonn 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 21st day of
November, 1994.
Terence M. Duggan, Mayor
ATTEST:
Karen M Chesterman, Deputy City Clerk
ACCEPTANCE OF RESOLUTION
NO. 353-94
We, the undersigned, Henry K Koester for
Hendee, Inc, having read the terms and conditions
of the Resolution No. 353-94 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.
NOT SIGNED AS OF JULY 14, 1995.
By Henry F_ Koester
Hendee, Inc.
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Zoning Commission advising of their approval
of final plat for property located North of Lake
Ridge Drive, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 354-94
A RESOLUTION APPROVING THE FINAL
PLAT OF CEDAR LAKE - EAST THRID
ADDITION IN THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Cedar Lake - East Third
Addition in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears two
private streets to be known as Windmill Lane and
North Cedar Court, together with certain public
utility 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
Regular Session, November 21, 1994 378
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
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, as they appear upon said final plat, be and
the same are hereby accepted; and
Section 2 That the final plat of Cedar Lake -
East Third Addition in the City of Dubuque 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 Windmill Lane and North Cedar
Court to grade and to hard surface the private
streets with bituminous concrete, or with
concrete paving, all in accordance with the
plans and specifications submitted to the City
Fn_cineer.
b_ To install sanitary sewer mains and sewer
service laterals, water mains and water service
laterals, storm 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 Fncineer,
and in accordance with construction
improvement plans approved by the City
Fncineer.
c To construct said improvements within one
year of the date of adoption of this resolution
by the City of Dubuque, Iowa.
d 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
perform on said premises
e That sidewalks will be installed to the rear
of the property similar to other lots in the Cedar
Lake development.
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 perform on
the premises, that the city may enter the street
and perform 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
Cedar Lake - East Third Addition shall be
assessed against the owner or successors as
assigned and a lien placed upon said real
property.
Section 3 That if the owner, Hansel Builders,
Inc, 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 Hansel Builders,
Inc, as owner of said property, shall secure the
performance for the construction of sanitary sewer
and water 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 Fncineer that public improvements have been
completed in accordance with the improvement
plans and City standard specifications
Passed, approved and adopted this 21st day of
November, 1994.
Terrance M. Duggan, Mayor
ATTEST:
Karen M Chesterman, Deputy City Clerk
ACCEPTANCE OF RESOLUTION
NO. 354-94
I, the undersigned, Jeffrey S Hansel for Hansel
Builders, Inc, having read the terms and
conditions of the Resolution No 354-94 and being
familiar with the conditions thereof, hereby accept
this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 4th day of
January, 1994.
By ls/effrey S Hansel
Hansel Builders, Inc
To_ Mary A Davis
City Clerk
This is to certify that the necessary security for
the foregoing Resolution No 354-94 has been
properly filed.
Dated at Dubuque, Iowa this 16 day of
January, 1995.
/5/ Michael C Van Milligen
City Manager
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Communication of the City Manager
recommending approval of plat for Paisley Place
42, presented and read Council Member Voetberg
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Coined by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None.
RESOLUTION NO. 355-94
A RESOLUTION APPROVING THE PLAT
OF SURVEY OF LOTS 1 AND 2 OF
PAISLEY PLACE NO. 2 IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a plat of survey of Lots 1 and 2 of Paisley
Place No 2 in the City of Dubuque, Iowa; and
Whereas, said plat has been reviewed by the
City Planner and had its approval endorsed
thereon, and
379 Regular Session, November 21, 1994
Whereas, said plat has been examined by the
City Council and they find that it conforms to the
statutes and ordinances relating to it:
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the plat of Lots 1 and 2 of
Paisley Place No 2 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 plat
Passed, approved and adopted this 21st day of
November, 1994.
Terrance M. Duggan, Mayor
ATTEST:
Karen M Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Communication of City Manager
recommending approval of plat of Survey of
Ohmert's Hilltop Farms, presented and read
Council Member Voetberg moved that the
communication be received and filed. Seconded
by Council Member Nagle Carried by the
following vote_ Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 356-94
A RESOLUTION APPROVING THE PLAT
OF SURVEY OF LOTS 1-1 AND 2-1 OF
OHMERT'S HILLTOP FARMS IN THE
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City
Clerk a plat of survey of Lots 1-1 and 2-1 of
Ohmert s Hilltop Farms in the Dubuque County,
Iowa; and
Whereas, said plat has been examined by the
City Planner 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:
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the plat of Lots 1-1 and 2-1 of
Ohmerr s Hilltop Farms in Dubuque County, Iowa
is hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon said
plat.
Passed, approved and adopted this 21st day of
November, 1994.
Terrance M. Duggan, Mayor
ATTEST:
Karen M Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Council Member Nagle moved that the rules be
suspended to allow anyone present to address the
Council if they so desire Seconded by Council
Member Voetberg Carried by the following vote:
Yeas—Mayor Duggan, Council Member_
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Proof of Publication on Notice of Hearing to
grant to John N_, James H and Elizabeth S_
Gronen a Driveway and Parking Easement located
at 4900 Peru Road and the communication of the
City Manager recommending approval of
easement, presented and read Council Member
Voetberg moved that the proof and communication
be received and filed. Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Member_
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION 357-94
Whereas, pursuant to notice of time and place
of hearing, published in the Telegraph Herald, a
newspaper of general circulation in the City of
Dubuque, Iowa on 11th day of November, 1994,
the City Council of the City of Dubuque, Iowa met
on the 2lst day of November, 1994 at 7 30 p nr in
the Public Library Auditorium, 11th and Locust,
Dubuque, Dubuque County, Iowa to consider the
proposal to dispose of the City's interest in real
estate described in the attached Driveway and
Parking Easement incorporated herein by
reference.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written, to the proposal to dispose of the
City's interest in the real estate described in the
attached Driveway and Parking Easement
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 The disposal of the interest of the
City of Dubuque, Dubuque County, Iowa in the
real property described in the attached Driveway
and Parking Easement is hereby approved for the
cost of publication and filing fees
Section 2 The Mayor is authorized and
directed to execute the Driveway and Parking
Easement and the City Clerk is hereby authorized
and directed to deliver said easement to John N_,
James, H., and Elizabeth B. Gronen upon receipt
of the above fees
Section 3 The City Clerk be and is hereby
authorized and directed to record a certified copy
of this resolution and the Driveway and Parking
Easement at the offices of the City Assessor,
Dubuque County Recorder and the Dubuque
County Auditor
Passed, approved and adopted this 21st day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Karen M Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Communication of the City Manager
recommending acceptance of Warranty Deed from
Martin J & Nancy A. Comer McNamer for
property known as Lot A and Lot B of Mama
Ridge Estate 2, presented and read Council
Member Voetberg moved that the communication
be received and filed. Seconded by Council
Regular Session, November 21, 1994 380
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION 358-94
RESOLUTION ACCEPTING WARRANTY
DEED FROM MARTIN 7. McNAMER AND
NANCY A. COMER McNAMER FOR LOT
A AND LOT B OF MARNA RIDGE
ESTATES 2 IN THE CITY OF DUBUQUE,
IOWA.
Whereas, the City of Dubuque has among other
things agreed to accept a Warranty Deed from
Martin I. McNamer and Nancy A. Comer
McNamer for Lot A and Lot B in Mama Ridge
Estates 2 in the City of Dubuque, Iowa: and
Whereas, all tams and conditions of both
parties with respect to Declaratory Statement
Imposing Restrictive Covenants have been
satisfied, and the Warranty Deed dated November
4, 1994 has been delivered to the City
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the City Council of the City of
Dubuque, Iowa hereby approves, accepts and
consents to the Warranty Deed from Martin I
McNamer and Nancy A. Comer McNamer for Lot
A and Lot E of Mama Ridge Estates 2 in the City
of Dubuque, Iowa.
Section 2 That the City Clerk be and is hereby
authorized and directed to file a copy of this
resolution in the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 21st day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Karen M Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager responding to petition from
neighbors regarding property at 1720 Wood St,
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,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
City Manager submitting comments on storage
of vehicles in residential areas, presented and read
Council Member Kluesner moved that the
communication be received and filed. Seconded
by Council Member Nicholson Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
Communication of the City Manager
submitting a Downtown Comprehensive Traffic
Analysis and Management Plan, presented and
read Council Member Krieg 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—Council Member Nagle
RESOLUTION NO. 359-94
Whereas, proposals were solicited from various
engineering and planning firms for the Downtown
Comprehensive Traffic Analysis and Management
Plan; and
Whereas, the finn of Ament Fneineering
Associates, Inc provided the best overall proposal
for studying the various issues identified in the
City's Request for Proposals
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the City Manager be
authorized to negotiate and execute a contract with
Ament Fneineering Associates, Inc of Cedar
Rapids, Iowa for the Comprehensive Traffic
Analysis and Management Plan
Passed, approved and adopted this 21st day of
November, 1994
Terrance M. Duggan, Mayor
Attest
Karen M Chesterman, Deputy City Clerk
Council Member Krieg moved adoption of the
Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Member_
Kluesner, Krieg, Nicholson, Robbins, Voetberg
Nays—Council Member Nagle
Communication of the City Manager
recommending approval of agreement for Highway
20 reconstruction project, presented and read
Council Member Kluesner moved that the
communication be received and filed. Seconded
by Council Member Krieg Carried by the
following vote_ Yeas—Mayor Duggan, Council
Member_ Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg Nays—None
RESOLUTION NO. 360-94
RESOLUTION APPROVING PROSECT
AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION
RELATING TO THE U.S. 20
CONSTRUCTION PROSECT FROM
DEVON DRIVE TO U.S. 61
Whereas, the Iowa Department of
Transportation is developing plans for the
reconstruction of U S_ Highway 20 from Devon
Drive to U.S. 61; and
Whereas, the Iowa Department of
Transportation has prepared and submitted to the
City Council for approval, a Project Agreement
relating to the construction, cost participation, and
respective maintenance responsibilities of the
construction project: and
Whereas, the City of Dubuque approves the
tams and conditions of said Project Agreement.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That Agreement 495-3-033
consisting of an agreement providing for the
construction of U S_ Highway 20 in the City of
Dubuque from Devon Drive to U.S. 61 be
approved.
Section 2 That the Mayor be authorized and
directed to execute two copies of this agreement
and forward the executed copies to the Iowa
Department of Transportation for their approval.
381 Regular Session, November 21, 1994
Passed, approved and adopted this 21st day of
November, 1994
Terrance M. Duggan, Mayor
Attest
Karen M Chesterman, Deputy City Clerk
Council Member Kluesner moved to adopt the
Resolution Seconded by Council Member Krieg
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
City Manager submitting supplemental report
on U S_ 452 Corridor Study, presented and read
Council Member Voetberg moved that the
communication and study be received and filed
and authorized the Staff to get figures on Traffic
Signal Synchronization on this project and report
back what that figure is and to not approve other
improvements at this time Seconded by Council
Member Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Communication of the City Manager requesting
approval of ISTEA funds for Mississippi
Riverwalk and Boat Dock Construction project,
presented and read Council Member Voetberg
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None
RESOLUTION NO. 361-94
A RESOLUTION APPROVING THE
SUBMITTAL OF AN APPLICATION FOR
STATEWIDE ENHANCEMENT PROSECT
FUNDING TO THE IOWA DEPARTMENT
OF TRANSPORTATION
Whereas, the Iowa Department of
Transportation has allocated $20,000,000 over a
six year period for Transportation Enhancements,
and the development of pedestrian and bicycle
facilities, landscaping and other scenic
beautification, and construction costs are eligible
for such funding: and
Whereas, the City has an adopted Riverfront
Plan that places high priority on hike/bike trail
development along the Mississippi River and in the
Ice Harbor, including a transient boat dock
facility; and
Whereas, the City of Dubuque recognizes the
commercial and recreational potential of the
riverfront and especially the 4th Street Peninsula,
and construction of this Mississippi Riverwalk and
Transient Boat Dock project will enable
development of these recreational amenities for not
only the community, but for the region and the
state
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 That the Mayor is hereby authorized
to sign and submit this application to the Iowa
Department of Transportation for Statewide
Transportation Enhancement Funds
Section 2 That in the event that said
application is approved, the City Manager is
hereby authorized to utilize budgeted Capital
Improvement Program funds to provide the
financial match required for this project
Section 3 That in the event said application is
approved, the City Manager is hereby authorized
to negotiate a maintenance agreement with the
Dubuque County Historical Society to ensure that
the Mississippi Riverwalk and Transient Boat
Dock project will be adequately maintained for its
intended public use for a minimum of twenty (20)
years following project completion
Section 4 That the City of Dubuque agrees to
abide by all local, state and federal requirements
applicable to the proposed projects
Passed, approved and adopted this 21st day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Karen Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
the Resolution Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending approval of
McAleece Park and Recreation Complex
Concession Agreement and authorizing the City
Manager to execute agreement, presented and read
Council Member Voetberg moved that the
communication be received and filed and
authorized Manager to execute. Seconded by
Council Member Nagle Carried by the following
vote_ Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager recommending approval for
Healthy Dubuque 2000 request for funding,
presented and read Council Member Voetberg
moved that the communication be received and
filed and concurred with recommendation.
Seconded by Council Member Robbins Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
RESOLUTION NO. 362-94
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
TFM Co_ Oky Doky 6
1256 Iowa St
Rambo Oil Co. Kwik Stop Food Matt
2997 University Ave
Passed, approved and adopted this 21st day of
November, 1994.
Terrance M. Duggan, Mayor
Attest
Karen M Chesterman, Deputy City Clerk
Council Member Kluesner moved adoption of
the Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Regular Session, November 21, 1994 382
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
RESOLUTION NO. 363-94
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
RONALD KAHN (KAHN FAMILY ENTPR)
PASTA O'SHEAS 359 W. 9TH ST.
PAUL F. RASCH RASCH'S
(-OUTDOOR SERVICE) WH171331.HQY7SH ST.
THOMAS SCI€NKE'
INSTANT REPLAY, INC.
1602 CENTRAL AVE
Passed, approved and adopted this 21st day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Karen M Chesterman, Deputy City Clerk
Council Member Kluesner moved adoption of
the Resolution Seconded by Council Member
Nicholson Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Zoning Commission advising of the denial to
reclassify property West of Radford Road
adjoining Wolff Road from U to C-3 District,
presented and read Council Member Kluesner
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None.
An Ordinance Amending Zoning Map by
reclassifying property located West of Radford
Road and adjoining Wolff Road from U Light
Industrial District to C-3 General Commercial
District, presented and read
Council Member Kluesner moved that a Public
Hearing be held on the proposed Ordinance on the
19th day of December, 1994, at 7:30 o'clock p m.
at the Public Library Auditorium and that the City
Clerk be directed to publish notice in the manner
prescribed by law. Seconded by Council Member
Nagle Carried by the following vote_
Yeas—Mayor Duggan, Council Member_
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
Zoning Commission submitting their comments
regarding the request for secession from Cathedral
Historic District from 16 properties in the
Emmett/St Marys Street area and recommending
all owners within 200 feet adjoining the district be
notified of this request and Historic Preservation
Commission requesting a public hearing on the
petition be held on January 16, 1995, or thereafter,
and further recommending to notify all property
owners in the District but not require the 200 foot
additional notification, presented and read
Council Member Voetberg moved that the
communications be received and filed and set
Public Hearing for January 16, 1995 at 7:30 p m.
in the Public Library Auditorium and direct the
City Clerk to publish notice in the manner
prescribed by law and also direct that notification
be only within the District Seconded by Council
Member Krieg Carried by the following vote_
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg Nays—None
City Manager requesting a public hearing be
held for a Budget Amendment for FY'95,
presented and read Council Member Voetberg
moved that the communication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote_ Yeas—Mayor
Duggan, Council Member_ Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg
Nays—None.
RESOLUTION NO. 364-94
RESOLUTION DIRECTING THE CITY
CLERK TO PUBLISH PROPOSED
AMENDMENT TO THE FISCAL YEAR
1995 BUDGET AND DATE OF PUBLIC
HEARING
Whereas, it is proposed that the City of
Dubuque amend its Fiscal Year 1995 budget: and
Whereas, Section 384.16 of the Code of Iowa
stipulates that a public hearing must be held on
such a budget amendment
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section L That the City Clerk by and is hereby
directed and authorized to publish notice of public
hearing on an amendment to the adopted budget
for the City of Dubuque, Iowa.
Passed, approved and adopted this 21st day of
November, 1994.
Terrence M. Duggan, Mayor
Attest
Karen M Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
the Resolution, setting the matter for Public
Hearing on 12-5-94 at 7 30 p nr in the Public
Library Auditorium and directed the City Clerk to
publish notice in the manner prescribed by law
Seconded by Council Member Nagle. Carried by
the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
PUBLIC INPUT
Bob Schreiber, 40 Devon Drive, objecting to
proposed UDS development on Hwy 20 and
especially to the traffic signal 700' east of the one
at Devon Dr.
There being no further business, Council
Member Nagle moved to adjourn the meeting.
Seconded by Council Member Robbins Carried
by the following vote_ Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg Nays—None
Meeting adjourned at 8:44 p m.
Karen M Chesterman
Deputy City Clerk
383 Regular Session, November 21, 1994
Approved
Adopted
1995.
1995.
Mayor
Council Members
Attest
City Clerk