1994 December Council Proceedings385Regular Session, December 5, 1994
read. Council Member Nagle moved that the
communication be received and filed. Seconded
DUBUQUE
by Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Nagle, Nicholson, Robbins,
CITY COUNCIL
Voetberg. Nays—None. Absent—Council
Member Krieg.
OFFICIALCity Manager recommending ownership of the
1948 Seagrave 100' aerial ladder truck, originally
PROCEEDINGS
owned by the City Fire Dept., and given to the
Dubuque County Historical Society, be transferred
to the Antique Fire Club, presented and read.
Regular Session, December 5, 1994Council Member Nagle moved that the
communication be received and filed and transfer
Council met at 7:30 p.m. Public Library
approved. Seconded by Council Member Robbins.
Auditorium
Present-Mayor Duggan, Council MembersCarried by the following vote: Yeas—Mayor
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Duggan, Council Members Kluesner, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
City Manager Michael Van Milligen, Corporation
Absent—Council Member Krieg.
Counsel Barry A. Lindahl.
Absent-Council Member Krieg.
City Manager recommending acceptance of the
1993 P.C. Concrete Alley Reconstruction Project,
Mayor Duggan read the call and stated this is
the Regular Session of the City Council called forpresented and read. Council Member Nagle
the purpose to act upon such business which maymoved that the communication be received and
filed. Seconded by Council Member Robbins.
properly come before the Council.
Carried by the following vote: Yeas—Mayor
Invocation was given by Rev. StevenDuggan, Council Members Kluesner, Nagle,
Clingman, Pastor of St. Peter Lutheran Church.Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
Service Recognition Plaques were presented to
City Employees with 25 years or more of service
in increments of 5 years.RESOLUTION NO. 365-94
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1993 P.C.
Minutes Submitted - Citizens with Disabilities
Concrete Alley Reconstruction Project has been
of 11-8 and 11-14; Community Development
Commission of 11-9; Five Flags Civic Center ofcompleted and the City Manager has examined the
work and filed his certificate stating that the same
11-21; Historic Preservation Comm. of 7-15; 7-26;
has been completed according to the terms of the
8-11; 8-25; 9-15; 9-29; 10-6; 10-13; 10-27; 11-
28; Library Bd. of Trustees of 11-17, presentedcontract, plans and specifications and recommends
and read. Council Member Nagle moved that theit acceptance.
NOW THEREFORE, BE IT RESOLVED BY
minutes be received and filed. Seconded by
THE CITY COUNCIL OF THE CITY OF
Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, CouncilDUBUQUE, IOWA:
Members Kluesner, Nagle, Nicholson, Robbins,Section 1. That the recommendation of the
City Manager be approved and that said
Voetberg. Nays—None. Absent—Council
improvement be and the same is hereby accepted.
Member Krieg.
BE IT FURTHER RESOLVED that the City
Notices of Claims and Suits - Sharon Donath inTreasurer be and he is hereby directed to pay to the
contractor from Tax Increment Financing Funds
undetermined amount for personal injury; Gerald
J. Neuses in amt. of $417.51 for property damage,and the Street Construction Fund in amount equal
presented and read. Council Member Nagleto the amount of his contract, less any retained
percentage provided for therein.
moved that the claims be referred to the Legal Staff
Passed, approved and adopted this 5th day of
for investigation and report. Seconded by Council
Member Robbins. Carried by the following vote:December, 1994.
Yeas—Mayor Duggan, Council MembersTerrance M. Duggan, Mayor
Attest:
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Mary A. Davis, City Clerk
Nays—None. Absent—Council Member Krieg.
Council Member Nagle moved adoption of the
Corporation Counsel recommending settlementResolution. Seconded by Council Member
Robbins. Carried by the following vote:
of car damage claim of Ric Jones in the amount of
$200.00, presented and read. Council MemberYeas—Mayor Duggan, Council Members
Nagle moved that the settlement be approved andKluesner, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.
Finance Director directed to issue proper check.
Seconded by Council Member Robbins. Carried
by the following vote: Yeas—Mayor Duggan,RESOLUTION NO. 366-94
Council Members Kluesner, Nagle, Nicholson,FINAL ESTIMATE
Whereas, the contract for the 1993 P.C.
Robbins, Voetberg. Nays—None.
Concrete Alley Reconstruction Project has been
Absent—Council Member Krieg.
completed and the City Engineer has submitted his
Corporation Counsel advising personal injuryfinal estimate showing the cost thereof including
the cost of estimates, notices and inspection and all
claim of Laura A. and Jaclyn Mickelson has been
miscellaneous costs;
referred to Crawford & Company, the agent for the
Iowa Communities Assurance Pool, presented and
Regular Session, December 5, 1994386
NOW THEREFORE, BE IT RESOLVED BYSection 1. That the cost of said improvement is
THE CITY COUNCIL OF THE CITY OFhereby determined to be $42,022.23 and the said
DUBUQUE, IOWA:amount shall be paid from the Street Construction
Section 1. That the cost of said improvement isFund of the City of Dubuque, Iowa.
hereby determined to be $60,553.96 and the saidPassed, approved and adopted this 5th day of
amount shall be paid from Tax IncrementDecember, 1994.
Financing Funds and the Street Construction FundTerrance M. Duggan, Mayor
of the City of Dubuque, Iowa.Attest:
Passed, approved and adopted this 5th day ofMary A. Davis, City Clerk
December, 1994.Council Member Nagle moved adoption of the
Terrance M. Duggan, MayorResolution. Seconded by Council Member
Attest:Robbins. Carried by the following vote:
Mary A. Davis, City ClerkYeas—Mayor Duggan, Council Members
Council Member Nagle moved adoption of theKluesner, Nagle, Nicholson, Robbins, Voetberg.
Resolution. Seconded by Council MemberNays—None. Absent—Council Member Krieg.
Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersCity Manager recommending acceptance of the
Kluesner, Nagle, Nicholson, Robbins, Voetberg.NW Arterial and Pennsylvania Ave. Right Turn
Nays—None. Absent—Council Member Krieg.Lanes Project, presented and read. Council
Member Nagle moved that the communication be
City Manager recommending acceptance of thereceived and filed. Seconded by Council Member
Kelly Lane Asphalt Leveling Project, presentedRobbins. Carried by the following vote:
and read. Council Member Nagle moved that theYeas—Mayor Duggan, Council Members
communication be received and filed. SecondedKluesner, Nagle, Nicholson, Robbins, Voetberg.
by Council Member Robbins. Carried by theNays—None. Absent—Council Member Krieg.
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Nagle, Nicholson, Robbins,
RESOLUTION NO. 369-94
Voetberg. Nays—None. Absent—CouncilACCEPTING IMPROVEMENT
Member Krieg.Whereas, the contract for the Northwest
Arterial and Pennsylvania Avenue Right Turn
Lane has been completed and the City Manager
RESOLUTION NO. 367-94
ACCEPTING IMPROVEMENThas examined the work and filed his certificate
Whereas, the contract for the Kelly Lane -stating that the same has been completed according
Asphalt Leveling Project from Fremont Avenue toto the terms of the contract, plans and
Rockdale Road has been completed and the Cityspecifications and recommends it acceptance.
Manager has examined the work and filed hisNOW THEREFORE, BE IT RESOLVED BY
certificate stating that the same has been completedTHE CITY COUNCIL OF THE CITY OF
according to the terms of the contract, plans andDUBUQUE, IOWA:
specifications and recommends it acceptance.Section 1. That the recommendation of the
NOW THEREFORE, BE IT RESOLVED BYCity Manager be approved and that said
THE CITY COUNCIL OF THE CITY OFimprovement be and the same is hereby accepted.
DUBUQUE, IOWA:BE IT FURTHER RESOLVED that the City
Section 1. That the recommendation of theTreasurer be and he is hereby directed to pay to the
City Manager be approved and that saidcontractor from the Street Construction Fund in
improvement be and the same is hereby accepted.amount equal to the amount of his contract, less
BE IT FURTHER RESOLVED that the Cityany retained percentage provided for therein.
Treasurer be and he is hereby directed to pay to thePassed, approved and adopted this 5th day of
contractor from Street Construction Fund inDecember, 1994.
amount equal to the amount of his contract, lessTerrance M. Duggan, Mayor
any retained percentage provided for therein.Attest:
Passed, approved and adopted this 5th day ofMary A. Davis, City Clerk
December, 1994.Council Member Nagle moved adoption of the
Terrance M. Duggan, MayorResolution. Seconded by Council Member
Attest:Robbins. Carried by the following vote:
Mary A. Davis, City ClerkYeas—Mayor Duggan, Council Members
Council Member Nagle moved adoption of theKluesner, Nagle, Nicholson, Robbins, Voetberg.
Resolution. Seconded by Council MemberNays—None. Absent—Council Member Krieg.
Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 370-94
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
FINAL ESTIMATE
Nays—None. Absent—Council Member Krieg.Whereas, the contract for the Northwest
Arterial and Pennsylvania Avenue Right Turn
RESOLUTION NO. 368-94Lane has been completed and the City Engineer
has submitted his final estimate showing the cost
FINAL ESTIMATE
Whereas, the contract for the Kelly Lane -thereof including the cost of estimates, notices and
Asphalt Leveling Project from Fremont Avenue toinspection and all miscellaneous costs;
Rockdale Road has been completed and the CityNOW THEREFORE, BE IT RESOLVED BY
Engineer has submitted his final estimate showingTHE CITY COUNCIL OF THE CITY OF
the cost thereof including the cost of estimates,DUBUQUE, IOWA:
notices and inspection and all miscellaneous costs;Section 1. That the cost of said improvement is
NOW THEREFORE, BE IT RESOLVED BYhereby determined to be $24,960.60 and the said
THE CITY COUNCIL OF THE CITY OFamount shall be paid from the Street Construction
DUBUQUE, IOWA:Fund of the City of Dubuque, Iowa.
387Regular Session, December 5, 1994
Passed, approved and adopted this 5th day ofRefunds Requested - IOCO Speede Shoppe,
December, 1994.Iowa Oil, 1387 Dodge and 1481 Dodge (2 outlets)
Terrance M. Duggan, Mayor$50.00 each for unexpired Cigarette Licenses,
Attest:presented and read. Council Member Nagle
Mary A. Davis, City Clerkmoved that the refunds be approved and Finance
Council Member Nagle moved adoption of theDirector directed to issue proper checks.
Resolution. Seconded by Council MemberSeconded by Council Member Robbins. Carried
Robbins. Carried by the following vote:by the following vote: Yeas—Mayor Duggan,
Yeas—Mayor Duggan, Council MembersCouncil Members Kluesner, Nagle, Nicholson,
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Robbins, Voetberg. Nays—None.
Nays—None. Absent—Council Member Krieg.Absent—Council Member Krieg.
City Manager recommending approval of finalIowa DOT Submitting "In Matter of the
plat of Sunset Park 7th Addn., presented and read.Condemnation of Certain Rights in Land by
Council Member Nagle moved that theIDOT" for the Improvement of Primary Road No.
communication be received and filed. SecondedU.S. 20 for Project No. FN-20-9-(29)—21-31: Lot
by Council Member Robbins. Carried by the9 and Lot 9A, both in the Subd. of part of Mineral
following vote: Yeas—Mayor Duggan, CouncilLot 149;: The W. 50' of the E. 240' of Lot 8 and
Members Kluesner, Nagle, Nicholson, Robbins,the W 50' of the E 240' of Lot 9, both in Sister's
Voetberg. Nays—None. Absent—CouncilAddn.;: Lot 2 of Lot 1 of Lot 2 of Lot 1 of
Member Krieg.Hawkeye Stock Farm;: The E 50' of the W 100' of
the E 240' of Lot 8 and the E 50' of the W 100' of
the E 240' of Lot 9, both in
RESOLUTION NO. 371-94
A RESOLUTION APPROVING THE
SURVEY PLAT OF THE DIVISION OF LOT
21, BLOCK 2, SUNSET PARK SEVENTH
ADDITION IN THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with the City
Clerk a survey plat of the Division of Lot 21,
Block 2, Sunset Park Seventh Addition in the City
of Dubuque, Iowa; and
Whereas, said final 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 1. That the survey plat of the Division
of Lot 21, Block 2, Sunset Park Seventh Addition
of the City of Dubuque, Iowa is hereby approved
and the Mayor and City Clerk are hereby
authorized and directed to endorse the approval of
the City of Dubuque, Iowa, upon said plat.
Passed, approved and adopted this 5th day of
December, 1994.
Terrance 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, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.
Communications of William J. Melloy, PaulSister's Addition in the City, presented and
Fuerst and Mr. & Mrs. G. J. Crippes objecting toread. Council Member Nagle moved that the
University of Dubuque's development ofnotices be received and filed. Seconded by
commercial property and the addition of aCouncil Member Robbins. Carried by the
signalized intersection, presented and read.following vote: Yeas—Mayor Duggan, Council
Council Member Nagle moved that theMembers Kluesner, Nagle, Nicholson, Robbins,
communication be received and filed. SecondedVoetberg. Nays—None. Absent—Council
by Council Member Robbins. Carried by theMember Krieg.
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Nagle, Nicholson, Robbins,Council Member Nagle moved to suspend the
Voetberg. Nays—None. Absent—Councilrules to allow anyone to address the Council if they
Member Krieg.so desired. Seconded by Council Member
Robbins, Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Regular Session, December 5, 1994388
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.
Proof of publication certified to by the
Publisher on Notice of amendment of current
budget, for the fiscal year ending June 30, 1995
and communication of City Manager
recommending approval of FY 1995 Budget
Amendment, presented and read. Council Member
Voetberg moved that the proof and the
communication be received and filed. Seconded
by Council Member Nagle. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
Member Krieg.
389Regular Session, December 5, 1994
Council Member Voetberg moved adoption ofcertain portions of Raven Oaks Drive, was
the Resolution. Seconded by Council Memberpresented.
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members(OFFICIAL PUBLICATION)
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
ORDINANCE NO. 69-94
Nays—None. Absent—Council Member Krieg.AN ORDINANCE AMENDING SECTION
32-262(d) OF THE CODE OF ORDINANCES
BOARDS AND COMMISSIONSOF THE CITY OF DUBUQUE, IOWA
HISTORICAL PRESERVATIONPROHIBITING PARKING ON
COMMISSIONDESIGNATED STREETS OR PORTIONS
One three year term to expire 7-1-96 (Old MainTHEREOF ADDING CERTAIN PORTIONS
Dis. - term of D. Greenfield);: One three year term
OF RAVEN OAKS DRIVE
to expire 7-1-97 (Cathedral Dis. - term of M.NOW, THEREFORE, BE IT ORDAINED BY
Anderson). One three year term to expire July 1,THE CITY COUNCIL OF THE CITY OF
1997 (representing At-Large) (term of D. Plisak).DUBUQUE, IOWA:
At Large Applicants: Charlene Crall and DanSection 1. That the Code of Ordinances of the
Plisak. Mayor Duggan voted for Crall.City of Dubuque, Iowa be amended by adding to
Council Member Kluesner voted for Plisak.Subsection (d) of Section 32-262 the following:
Council Member Krieg was absent. CouncilRaven Oaks Drive, both sides, from John F.
Member Nagle voted for Crall. Council MemberKennedy Road to its easterly terminus.
Nicholson voted for Plisak. Council MemberPassed, approved and adopted this 5th day of
Robbins voted for Plisak. Council MemberDecember, 1994.
Voetberg voted for Plisak. Therefore, Dan PlisakTerrance M. Duggan, Mayor
appointed to a three year term for the At LargeAttest:
position which will expire 7-1-97.Mary A. Davis, City Clerk
Council Member Kluesner moved that the
Housing Services Department Managerrequirement that a proposed Ordinance be
advising of the resignation of Paul Newman fromconsidered and voted on for passage at two
the Housing Commission, presented and read.Council Meetings prior to the meeting at which it
Council Member Voetberg moved that theis to be finally passed be suspended. Seconded by
resignation be accepted with regret. Seconded byCouncil Member Robbins. Carried by the
Council Member Nagle. Carried by the followingfollowing vote: Yeas—Mayor Duggan, Council
vote: Yeas—Mayor Duggan, Council MembersMembers Kluesner, Nagle, Nicholson, Robbins,
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Voetberg. Nays—None. Absent—Council
Nays—None. Absent—Council Member Krieg.Member Krieg.
Council Member Kluesner moved final
HOUSING COMMISSIONadoption of the Ordinance. Seconded by Council
One unexpired term to expire 8-17-96 (Term ofMember Nagle. Carried by the following vote:
P. Newman): Applicants: Rev. Stephen Bibb,Yeas—Mayor Duggan, Council Members
Thomas J. Crall, Tim Patterson.Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Mayor Duggan voted for Crall. CouncilNays—None. Absent—Council Member Krieg.
Member Kluesner voted for Crall. Council
Member Krieg was absent. Council MemberCity Manager recommending disposition of
Nagle voted for Crall. Council Member Nicholsonsurplus vacant City properties, presented and read.
voted for Crall. Council Member Robbins votedCouncil Member Nagle moved that the
for Crall. Council Member Voetberg voted forcommunication be received and filed and
Crall. Therefore, Thomas J. Crall appointed to therecommendation approved. Seconded by Council
Housing Commission to the unexpired term whichMember Robbins. Carried by the following vote:
will expire 8-17-96.Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
City Manager recommending denial of BarbNays—None. Absent—Council Member Krieg.
McDermott appeal of claim disposition, presented
and read. Council Member Kluesner moved thatCity Manager submitting procedure for
the communication be received and filed anddevelopment of affordable housing with regard to
concurred with the denial. Seconded by Councilproperties known as Valley High Parkland
Member Voetberg. Carried by the following vote:playground and Bunker Hill Golf Course area.
Yeas—Mayor Duggan, Council MembersCouncil Member Nagle moved that the
Kluesner, Nagle, Nicholson, Robbins, Voetberg.recommendation regarding Valley High Parkland
Nays—None. Absent—Council Member Krieg.be received and filed. Seconded by Council
Member Nicholson. Vote on the motion was as
City Manager submitting an Ordinancefollows: Yeas—None. Nays—Mayor Duggan,
restricting parking on Raven Oaks Drive toCouncil Members Kluesner, Nagle, Nicholson,
include both sides of JFK Rd. to its easterlyRobbins, Voetberg. Absent—Council Member
terminus, presented and read. Council MemberKrieg. MOTION FAILED 6-0.
Kluesner moved that the communication beCouncil Member Nagle then moved that the
received and filed. Seconded by Council Memberrecommendation regarding property on Bunker
Robbins. Carried by the following vote:Hill Golf Course be received and filed. Seconded
Yeas—Mayor Duggan, Council Membersby Council Member Nicholson. Vote on the
Kluesner, Nagle, Nicholson, Robbins, Voetberg.motion was as follows: Ayes—Council Member
Nays—None. Absent—Council Member Krieg.Nicholson. Nays—Mayor Duggan, Council
An Ordinance Amending Section 36-2(d) of theMembers Kluesner, Nagle, Robbins. Voetberg.
Code of Ordinance Prohibiting Parking onAbsent—Council Member Krieg. MOTION
Designated Streets or portions thereof addingFAILED 5-1.
Regular Session, December 5, 1994390
City Manager submitting a ProposedCouncil Members Kluesner, Nagle, Nicholson,
Amendment to Final Statement for the SecondRobbins, Voetberg. Nays—None.
Supplement of CDBG Flood Disaster Relief FundsAbsent—Council Member Krieg.
in the amount of $232.000, presented and read.
Council Member Voetberg moved that theCity Manager submitting the 1994 Sidewalk
communication be received and filed. Secondedand Repair Program Assessments, presented and
by Council Member Nagle. Carried by theread. Council Member Kluesner moved that the
following vote: Yeas—Mayor Duggan, Councilcommunication be received and filed. Seconded
Members Kluesner, Nagle, Nicholson, Robbins,by Council Member Nicholson. Carried by the
Voetberg. Nays—None. Absent—Councilfollowing vote: Yeas—Mayor Duggan, Council
Member Krieg.Members Kluesner, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
RESOLUTION NO. 373-94Member Krieg.
RESOLUTION APPROVING AND
AUTHORIZING THE FILING OF ANRESOLUTION NO. 374-94
AMENDMENT TO THE SECONDA RESOLUTION ADOPTING THE FINAL
SUPPLEMENT OF COMMUNITYASSESSMENT SCHEDULE FOR 1994
DEVELOPMENT BLOCK GRANT (CDBG)SIDEWALK REPAIRS INCLUDING
DISASTER RELIEF FUNDS IN THECERTAIN INFORMATION REQUIRED BY
AMOUNT OF $232,000THE CODE OF IOWA, SPECIFICALLY,
Whereas, the City of Dubuque, Iowa, on JulyTHE NUMBER OF ANNUAL
20, 1994, filed a Final Statement of Objectives andINSTALLMENTS INTO WHICH
Projected Use of Community Development Block
ASSESSMENTS ARE DIVIDED, THE
Grant Disaster Relief Funds; and,INTEREST ON ALL UNPAID
Whereas, the City of Dubuque now desires toINSTALLMENTS, THE TIME WHEN THE
amend said Final Statement to recognize a changeASSESSMENTS ARE PAYABLE AND
in activity funding; and
DIRECTING THE CLERK TO CERTIFY
Whereas, the Department of CommunityTHE FINAL SCHEDULE AND TO PUBLISH
Development has proposed an Amendment to saidNOTICE THEREOF.
Final Statement, a copy of which is attached heretoNOW THEREFORE, BE IT RESOLVED BY
and made a part hereof; andTHE CITY COUNCIL OF THE CITY OF
Whereas, a public hearing was held onDUBUQUE, IOWA:
November 9, 1994, by the CommunityThat after full consideration of the final
Development Commission, at which time theschedule of assessments and accompanying plat
public was provided an opportunity to comment onshowing the assessments proposed to be made for
the proposed amended statement.the 1994 Sidewalk Repairs which final plat and
NOW, THEREFORE, BE IT RESOLVED BYschedule were filed in the office of the City Clerk
THE CITY COUNCIL OF THE CITY OFon the 30th day of November, 1994, that said
DUBUQUE, IOWA:schedule of assessments be and the same is hereby
Section 1. That the attached Final Statement ofapproved and adopted.
Objectives and Projected Use of CommunityThat there be, and is hereby assessed and levied
Development Block Grant Flood Disaster Reliefas a special tax against and upon each of the lots,
Funds Amendment No.1 is hereby adopted and thethe respective sums indicated. Provided, further,
Statement filed on July 20, 1994 is herebythat the amounts shown in said final schedule of
rescinded.assessments as deficiencies are found to be proper
Section 2. That the Mayor is hereby authorizedand levied conditionally against the respective
and directed to execute all documentationproperties benefitted by the improvements as
necessary to the filing of the amended statementshown in the schedule, subject to the provisions of
with the U.S. Department of Housing and UrbanSection 384.63, Code of Iowa. Said assessments
Development.against said lots are hereby declared to be in
Section 3. That the City Manager is herebyproportion to the special benefits conferred and not
authorized and directed to submit said amendedin excess of twenty-five percent of the value of
Final Statement to the U.S. Department of Housingsame.
and Urban Development.Assessments of $100.00 or more are payable in
Passed, approved and adopted this 5th day of5 equal annual installments, with interest on the
December, 1994.unpaid balance, all as provided in Section 384.65,
Terrance M. Duggan, MayorCity Code of Iowa. Conditional deficiency
Attest:assessments, if any, may be levied against the
Mary A. Davis, City Clerkapplicable property for the same period of years as
Council Member Voetberg moved adoption ofthe assessments are made payable.
the Resolution. Seconded by Council MemberAssessments may be paid in full or in part
Nagle. Carried by the following vote:without interest at the office of the County
Yeas—Mayor Duggan, Council MembersTreasurer, at any time within 30 days after the date
Kluesner, Nagle, Nicholson, Robbins, Voetberg.of the first publication of this notice of the filing of
Nays—None. Absent—Council Member Krieg.the final plat and schedule of assessments with the
County Treasurer. Unless said assessments are
City Manager recommending purchase of twopaid in full within said thirty day period all unpaid
computers in the Housing Services Dept.,assessments will draw annual interest computed at
presented and read. Council Member Voetberg9 percent (commencing on the date of acceptance
moved that the communication be received andof the work) computed to the December 1st next
filed and approved the recommendation. following the due dates of the respective
Seconded by Council Member Nicholson. Carriedinstallments. Each installment will be delinquent
by the following vote: Yeas—Mayor Duggan,on September 30th following its due date on July
391Regular Session, December 5, 1994
1st in each year. Property owners may elect to pay
RESOLUTION NO. 376-94
any annual installment semiannually in advance.Whereas, applications for Beer Permits have
That the City Clerk be and is hereby directed tobeen submitted and filed to this Council for
certify said schedule to the County Treasurer ofapproval and the same have been examined and
Dubuque County, Iowa, and to publish notice ofapproved; and
said certification once each week for twoWhereas, the premises to be occupied by such
consecutive weeks in the manner provided inapplicants were inspected and found to comply
Section 362.3, the first publication of which shallwith the Ordinances of this City and have filed
be not more than fifteen days from the date ofproper bonds.
filing of the final schedule. The City Clerk shallNOW, THEREFORE, BE IT RESOLVED BY
also send by certified mail to property ownersTHE CITY COUNCIL OF THE CITY OF
whose property is subject to assessment a copy ofDUBUQUE, IOWA:
said notice, and mailing to be on or before the dateThat the Manager be authorized to cause to be
of the second publication of the notice, all asissued the following named applicants a Beer
provided and directed by Section 384.60 of thePermit.
Code of Iowa.CLASS "B" BEER PERMIT
Passed, approved and adopted this 5th day ofPusateri Enterprise Inc.Pusateri's
December, 19942400 Central Ave
Terrance M. Duggan, MayorCLASS "C" BEER PERMIT
Attest:IOCO Speede ShoppeIowa Oil Company
Mary A. Davis, City Clerk2150 Twin Valley Dr
CITY OF DUBUQUE, IOWAPassed, approved and adopted this 5th day of
SCHEDULE OF FINAL ASSESSMENTDecember,1994
OWNER AND PROPERTY DESCRIPTIONASSESSMENTTerrance M. Duggan, Mayor
S. M. Langs Sub. S. 26'2" Lot 6Attest:
Grant, Rodney J. & Peggy Ann$615.66Mary A Davis, City Clerk
Lot 2-3 Stonehill Community Sub #1Council Member Kluesner moved adoption of
Kamm, Holly G.$1,358.17the Resolution. Seconded by Council Member
Sub of S 42' Lot 5-2 of 76 & 77 Union Add Lot 1Nicholson. Carried by the following vote:
Kann, Thomas T.$282.00Yeas—Mayor Duggan, Council Members
N 1/2 N 1/5 CL 474 Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Turner, Robert & Shirley A.$1,058.74Nays—None. Absent—Council Member Krieg.
Lot 4, Block 5 Marycrest Sub.
Jewett, David K. & Mary Jo$548.00
RESOLUTION NO. 377-94
SW 1/2 Lot 37 McCraney's 2nd AddWhereas, applications for Liquor Licenses have
Smith, Kevin J. & Janet M. c/o Kennethbeen submitted to this Council for
Tomlinson$57.50approval and the same have been examined and
L1 E. 51.4' of N.98' Lot 47 Finley Add; L2approved; and
Nicholas Palen Pl.Whereas, the premised to be occupied by such
McKernan, Diane M.$258.39applicants were inspected and found to
Lot 25 A. Stines Subcomply with the State Lawn and all City
Stowers, Michael Ray & Luann M.$252.08Ordinances relevant thereto and they have filed
W 1/2 S. 1/2 L8 H. L.H. Langworthy Add.proper bonds.
O'Rourke, Patrick J.$458.47NOW, THEREFORE, BE IT RESOLVED BY
Council Member Voetberg moved adoption ofTHE CITY COUNCIL OF THE CITY OF
the Resolution. Seconded by Council MemberDUBUQUE, IOWA:
Robbins. Carried by the following vote:That the Manager be authorized to cause to be
Yeas—Mayor Duggan, Council Membersissued the following named applicants
Kluesner, Nagle, Nicholson, Robbins, Voetberg.a Liquor License.
Nays—None. Absent—Council Member Krieg.CLASS "C" COMMERCIAL BEER
AND LIQUOR LICENSE
RESOLUTION NO. 375-94Donna RolingDonna's Dip Tap
NOW, THEREFORE, BE IT RESOLVED BY1689 Elm St
THE CITY COUNCIL OF THE CITY OFRaysan Corp.The Bridge Restaurant
DUBUQUE, IOWA:31 Locust St
That the following having complied with theT & M, Inc
provisions of law relating to the saleMario's Italian Rest. & Lounge
of Cigarettes within the City of Dubuque, Iowa, be1298 Main St
granted a permit to sell Cigarettes and CigaretteBilly Bucks Inc.
Papers within said City.Billy Bucks East Street Tap
Paul F. RaschRasch's Wheel House521 E. 22nd St
(Mu-Cap)1630 W.16th StPassed, approved and adopted this 5th day of
Passed, approved and adopted this 5th day ofDecember, 1994
December, 1994.Terrance M. Duggan, Mayor
Terrance M. Duggan, MayorAttest:
Attest:Mary A. Davis, City Clerk
Mary A. Davis, City ClerkCouncil Member Kluesner moved adoption of
Council Member Kluesner moved adoption ofthe Resolution. Seconded by Council Member
the Resolution. Seconded by Council MemberNicholson. Carried by the following vote:
Nicholson. Carried by the following vote:Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council MembersKluesner, Nagle, Nicholson, Robbins, Voetberg.
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Nays—None. Absent—Council Member Krieg.
Nays—None. Absent—Council Member Krieg.
Regular Session, December 5, 1994392
City Manager recommending that the FY 1994Members Kluesner, Nagle, Nicholson, Robbins,
Comprehensive Housing Affordability StrategyVoetberg. Nays—None. Absent—Council
(CHAS) Annual Performance Report be set forMember Krieg. Meeting adjourned at 8:35 P.M.
Public Hearing, presented and read. Council
Member Voetberg moved that the report beMary A. Davis CMC
received and filed and set for public hearing onCity Clerk
December 19, 1994 in the Public Library
Auditorium at 7:30 p.m. and Clerk to publish
notice as required by law. Seconded by Council
Member Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.
City Manager submitting documents providing
for vacation of an utility easement - Lot H of
Fremont Heights, 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, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.
RESOLUTION NO. 378-94
Approved ______________________, 1995.
RESOLUTION OF INTENT TO DISPOSE
OF INTEREST AND VACATE AN UNUSED
Adopted _______________________, 1995.
10 FOOT WIDE UTILITY EASEMENT IN
LOT H OF FREMONT HEIGHTS IN THE
CITY OF DUBUQUE, IOWA
Whereas, Martin McNamer is the current
____________________________________
owner of Lot H of Fremont Heights in the City of
Mayor
Dubuque, Iowa; and
Whereas, a 10 foot wide utility easement is
currently platted on said lot; and____________________________________
Whereas, Martin McNamer has petitioned to
vacate an unused 10 foot wide utility easement in
____________________________________
said lot.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
____________________________________
DUBUQUE, IOWA:
Section 1. That the city of Dubuque, Iowa
____________________________________
intends to dispose of its interest and vacate an
unused utility easement in Lot H of Fremont
Heights in the City of Dubuque, Iowa as shown on
____________________________________
the attached Exhibit "A".
Section 2. That the City Clerk be and is hereby
authorized and directed to cause a notice to be
____________________________________
published as prescribed under Section 364.7 Code
Council Members
of Iowa, 1989 or amended.
Passed, approved and adopted this 5th day of
Attest:
December, 1994.
Terrance M. Duggan, Mayor
____________________________________
Attest:
City Clerk
Mary A. Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution and set public hearing for
December 19, 1994 and Clerk to publish notice as
required by law. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Member Krieg.
Carole Carroll of 140 Princeton addressed the
Council regarding the University of Dubuque
development, objecting to the too-intensive
development of the 17 acres.
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
Board of Health, December 19, 1994394
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
CITY OF DUBUQUE
There being no further business, Board
Member Krieg moved that the Board of Health
BOARD OF HEALTH
adjourn. Seconded by Board Member Nagle.
Carried by the following vote: Yeas—Chairperson
Duggan, Board Members Kluesner, Krieg, Nagle,
SPECIAL
Nicholson, Robbins, Voetberg. Nays—None.
MEETING
Meeting adjourned at 7:29 p.m.
Special Health Board Meeting, December 19,Mary A. Davis CMC
1994
Secretary, Board of Health
Board of Health met at 7:25 p.m., Public
Library Auditorium
Present—Chairperson Duggan, BoardApproved ______________________, 1995.
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg.
Adopted _______________________, 1995.
Chairperson Duggan read the call and stated
this is a Special Session of the Board of Health
____________________________________
called for the purpose to act upon such business
Mayor
which may properly come before the Board.
____________________________________
City Manager recommending endorsement of a
grant proposal being submitted by the Dubuque
Community School District to the State of Iowa for
____________________________________
the formation of a Family Resource Center for
Audubon, Prescott and Fulton Elementary Schools,
____________________________________
presented and read. Board Member Voetberg
moved that the communication be received and
filed. Seconded by Board Member Nagle.
____________________________________
Carried by the following vote: Yeas—Chairperson
Duggan, Board Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
____________________________________
BOARD OF HEALTH
____________________________________
RESOLUTION NO. 6-94
Council Members
RESOLUTION APPROVING AND
AUTHORIZING THE SUBMITTAL OF A
GRANT APPLICATION FOR A FAMILYAttest:
RESOURCE CENTER BY THE DUBUQUE
COMMUNITY SCHOOL DISTRICT.
____________________________________
Whereas, the City of Dubuque attempts to
City Clerk
coordinate services and delivery system with other
local agencies without duplicating services; and
Whereas, a Family Resource Center providing
coordinated services that include child
development services, parenting services and
parent education, and health and nutrition is a
positive step in developing a comprehensive
Family Resource Center program; and
Whereas, the City of Dubuque Health Services
Division oftentimes works with the Dubuque
Community School District in referring children
and families for services.
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF HEALTH OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby
approves the concept of a Family Resource Center
and the submission of a grant proposal by the
Dubuque Community School District for such
center.
Passed, approved and adopted this 19th day of
December, 1994.
Terrance M. Duggan, Chairperson
Attest:
Mary A. Davis, City Clerk
Board Member Voetberg moved adoption of
the Board Of Health Resolution. Seconded by
Board Member Nagle. Carried by the following
vote: Yeas—Chairperson Duggan, Board
395Regular Session, December 19, 1994
Sharon Donath to Crawford & Co., presented and
read. Council Member Voetberg moved that the
DUBUQUE
communication be received and filed. Seconded
by Council Member Nagle. Carried by the
following vote: Yeas—Mayor Duggan, Council
CITY COUNCIL
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
OFFICIAL
Iowa DOT Submitting a Motion to dismiss
Defendant and reissue Payment Warrant, presented
PROCEEDINGS
and read. Council Member Voetberg moved that
the notice be received and filed. Seconded by
Council Member Nagle. Carried by the following
Regular Session, December 19, 1994
vote: Yeas—Mayor Duggan, Council Members
Council met at 7:30 p.m., Public Library
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Auditorium
Voetberg. Nays—None.
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
John E. Nelson of 1080 Roosevelt requesting
Voetberg, City Manager Michael Van Milligen,
the Water Main Extension Project from Roosevelt
Corporation Counsel Barry A. Lindahl.
Rd. from Peru Rd. to Orchard Drive remain in FY
'96 CIP, presented and read. Council Member
Mayor Duggan read the call and stated this is
Voetberg moved that the communication be
the Regular Session of the City Council called for
referred to the City Manager. Seconded by
the purpose to act upon such business which may
Council Member Nagle. Carried by the following
properly come before the Council.
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Invocation was given by Rev. R. C. Pleiness,
Voetberg. Nays—None.
Pastor of Bible Baptist Church.
E. A. Gartner objecting to recent No Parking
change on the east side of White St. between 25th
Valery V. Rukavkov, an artist from our Sister
and 26th which negatively impacts their private
City, Pyatigorsk, presented a Children's Art
parking lot, presented and read. Council Member
Collection to Mayor Duggan.
Voetberg moved that the communication be
received and filed. Seconded by Council Member
MINUTES SUBMITTED: Cable Community
Nagle. Carried by the following vote:
Teleprogramming Commission of 12-6;
Yeas—Mayor Duggan, Council Members
Community Development Commission of 11-30;
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Housing Commission of 11-15 & 12-13; Plumbing
Voetberg. Nays—None.
Board of 11-22; Mechanical Board of 11-22;
Zoning Board of Adjustment of 12-8; Zoning
Finance Director submitting Financial Reports
Commission of 12-7, presented and read. Council
for Nov. 1994, presented and read. Council
Member Voetberg moved that the minutes be
Member Voetberg moved that the report be
received and filed. Seconded by Council Member
received and filed. Seconded by Council Member
Nagle. Carried by the following vote:
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Voetberg. Nays—None.
Thomas J. Crall resigning from the TV Cable
NOTICES OF CLAIMS/SUITS: Edward A.
Community Teleprogramming Commission and
Coleman in amount of $250.00 for vehicle
Cynthia Steinhauser resigning from the
damages; St. Paul Lutheran Church in amount of
Community Development Commission, presented
$276.10 for backed-up sewer damages, presented
and read. Council Member Voetberg moved that
and read. Council Member Voetberg moved that
the resignation be accepted with regret. Seconded
the claims and suits be referred to the Legal Staff
by Council Member Nagle. Carried by the
for investigation and report. Seconded by Council
following vote: Yeas—Mayor Duggan, Council
Member Nagle. Carried by the following vote:
Members Kluesner, Krieg, Nagle, Nicholson,
Yeas—Mayor Duggan, Council Members
Robbins, Voetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
KDTH and KATF Radio stations requesting
Communication of Corporation Counsel
permission for a Fireworks Display on Monday,
recommending settlements of water damage claim
July 3, 1995 on Volunteer Road between
of Gerald K. Neuses in the amount of $417.51,
Hawthorne and Lime Sts., presented and read.
and vehicle damage claim of Tom Hines in the
Council Member Voetberg moved that the
amount of $290.02, presented and read. Council
communication be received and filed and petition
Member Voetberg moved that the communication
approved subject to implementation of City
be received and filed and approved settlement with
Manager. Seconded by Council Member Nagle.
Finance Director to issue proper checks. Seconded
Carried by the following vote: Yeas—Mayor
by Council Member Nagle. Carried by the
Duggan, Council Members Kluesner, Krieg,
following vote: Yeas—Mayor Duggan, Council
Nagle, Nicholson, Robbins, Voetberg.
Members Kluesner, Krieg, Nagle, Nicholson,
Nays—None.
Robbins, Voetberg. Nays—None.
Petition with 92 names against destruction of
Communication of Corporation Counsel
the Valley High City Parkland and adjoining
advising of referral of personal injury claim of
wooded wildlife refuge and development into a
Regular Session, December 19, 1994396
low-income housing development, presented andWhereas, said plat has been examined by the
read. Council Member Voetberg moved that theCity Zoning Commission and had its approval
petition be received and filed. Seconded byendorsed thereon, subject to the owners agreeing to
Council Member Nagle. Carried by the followingthe conditions noted in Section 2 below; and
vote: Yeas—Mayor Duggan, Council MembersWhereas, said plat has been examined by the
Kluesner, Krieg, Nagle, Nicholson, Robbins,City Council and they find that it conforms to the
Voetberg. Nays—None. statutes and limits relating to it; and
Whereas, the City Council concurs in the
Zoning Commission submitting final platconditions of approval established by the Zoning
approval of Survey of Lots 1 thru 3 of Herrig'sCommission.
Addition at 3279 W. 32nd St., presented and read.NOW THEREFORE, BE IT RESOLVED BY
Council Member Voetberg moved that theTHE CITY COUNCIL OF THE CITY OF
communication be received and filed. SecondedDUBUQUE, IOWA:
by Council Member Nagle. Carried by theSection 1. That the easements for public
following vote: Yeas—Mayor Duggan, Councilutilities, as they appear upon said plat, be and the
Members Kluesner, Krieg, Nagle, Nicholson,same is hereby accepted.
Robbins, Voetberg. Nays—None. Section 2. That the plat of survey of Lots 1
thru 10 and Lot A of Raven Oaks Place No. 2 in
the City of Dubuque, Iowa, upon said plat,
RESOLUTION NO. 379-94
provided the owners of said property herein named
A RESOLUTION APPROVING THE PLAT
OF SURVEY OF LOTS 1 THRU 3 OFand written acceptance hereto attached agreeing:
HERRIG'S ADDITION IN THE CITY OFa)To establish a homeowners' association
and restrictive covenants for water service,
DUBUQUE, IOWA.
Whereas, there has been filed with the Citymaintenance and improvements
Planner a Plat of Survey of Lots 1 thru 3 ofenforceable by lien to the homeowners'
Herrig's Addition in the City of Dubuque, Iowa;association.
andb)The homeowners' association assume final
Whereas, the plat has been examined by theresponsibility for payment of water bills.
Zoning Commission and had its approval endorsedIf the homeowner association dissolves,
thereon; andstop boxes shall be installed on each water
Whereas, said final plat has been examined byline for Lots 1 thru 10.
the City Council and they find that it conforms toc)The City of Dubuque, Iowa shall have a
the statutes and ordinances relating thereto.perpetual easement to enter and pass over
NOW, THEREFORE, BE IT RESOLVED BYand upon said real property for such
THE CITY COUNCIL OF THE CITY OFordinary services and emergency services
DUBUQUE, IOWA:as are regular and customarily provided
Section 1. That the Plat of Survey of Lots 1by the City of Dubuque, Iowa and for
thru 3 of Herrig's Addition in the City of Dubuque,such services or duties which the City of
Iowa, is hereby approved and the Mayor and CityDubuque, Iowa may be obligated by law
Clerk are hereby authorized and directed toto perform on said premises.
endorse the approval of the City of Dubuque,d)That the parking areas shall be private
Iowa, upon said final plat.and be held with other common property
Passed, approved and adopted this 19th day ofshown upon the plat and further providing
December, 1994.that the City may enter such parking areas
Terrance M. Duggan, Mayorto provide necessary emergency services
ATTEST:or other services or duties which it may be
Mary A. Davis, City Clerkobligated by law to perform on the
Council Member Voetberg moved adoption ofpremises.
the Resolution. Seconded by Council Membere)All assessable costs for maintenance or
Nagle. Carried by the following vote:service, described herein, performed by
Yeas—Mayor Duggan, Council Membersthe City of Dubuque, Iowa on or
Kluesner, Krieg, Nagle, Nicholson, Robbins,benefitting Lots 1 through 10 and Lot A
Voetberg. Nays—None. of Raven Oaks Place No. 2 shall be
Zoning Commission submitting final platassessed against the owner or
approval of Survey of Lots 1 thru 10 and Lot A ofhomeowners' association and a lien placed
Raven Oaks Pl. No. 2 at 2830 John F. Kennedyupon said real property if unpaid.
Road, presented and read. Council MemberSection 3. That if the owners shall fail to
Voetberg moved that the communication beexecute the acceptance provided for in Section 2
received and filed. Seconded by Council Memberwithin 45 days after the date of this resolution, the
Nagle. Carried by the following vote:provisions thereof shall be null and void and the
Yeas—Mayor Duggan, Council Membersacceptance of the dedication and approval of the
Kluesner, Krieg, Nagle, Nicholson, Robbins,plat shall not be in effect.
Voetberg. Nays—None. Passed, approved and adopted this 19th day of
December, 1994.
RESOLUTION NO. 380-94Terrance M. Duggan, Mayor
RESOLUTION APPROVING THE PLAT OFAttest:
SURVEY OF LOTS 1 THRU 10 AND LOT AMary A. Davis, City Clerk
ACCEPTANCE OF RESOLUTION
OF RAVEN OAKS PLACE NO. 2 IN THE
CITY OF DUBUQUE, IOWA.NO. 380-94
Whereas, there has been filed with the CityWe, the undersigned, Loras G. Boge and
Clerk a plat of survey of Lots 1 thru 10 and Lot ARobert E. Boge, having read the terms and
of Raven Oaks Place No. in the City of Dubuque,conditions of the Resolution No. 380-94 and being
Iowa; andfamiliar with the conditions thereof, hereby accept
397Regular Session, December 19, 1994
this same and agree to the conditions required
FUNDING A LOCAL COMMUNITY-BASED
therein.HEALTH PROMOTION GRANT
Dated in Dubuque, Iowa this 26th day ofPROGRAM FOR CANCER PREVENTION.
December, 1994.Whereas, the City of Dubuque is a member of
By /s/ Loras G. Bogethe Dubuque County Health Planning Committee;
By /s/ Robert E. Bogeand
Council Member Voetberg moved adoption ofWhereas, the Dubuque County Health Planning
the Resolution. Seconded by Council MemberCommittee has identified cancer as a leading cause
Nagle. Carried by the following vote:of morbidity and mortality within the County of
Yeas—Mayor Duggan, Council MembersDubuque; and
Kluesner, Krieg, Nagle, Nicholson, Robbins,Whereas, the County Health Planning
Voetberg. Nays—None. Committee will work with community agencies to
Zoning Commission submitting final platpromote smoke free policies at worksites, offer
approval of Lots 1, 2 and 3 of Marie Rubiesmoking cessation classes, and provide education
Subdivision U.S. Highway 52 and Old Bellevueand consultation on development and
Road in Dubuque County for Wayne Stewart,implementation of smoke free policies.
presented and read. Council Member VoetbergNOW, THEREFORE, BE IT RESOLVED BY
moved that the communication be received andTHE CITY COUNCIL OF THE CITY OF
filed. Seconded by Council Member Nagle.DUBUQUE, IOWA:
Carried by the following vote: Yeas—MayorSection 1. That the City of Dubuque, Iowa
Duggan, Council Members Kluesner, Krieg,hereby approves the attached contract between the
Nagle, Nicholson, Robbins, Voetberg.Iowa Department of Public Health and the City of
Nays—None. Dubuque, Iowa.
Section 2. That the City Manager or his
RESOLUTION NO. 381-94designee is hereby authorized and directed to
A RESOLUTION APPROVING THE FINALexecute said contract on behalf of the City of
Dubuque, Iowa.
PLAT OF LOTS 1, 2 AND 3 OF MARIE
RUBIE SUBDIVISION IN DUBUQUEPassed, approved and adopted this 19th day of
COUNTY, IOWA.December, 1994.
Whereas, there has been filed with the CityTerrance M. Duggan, Mayor
Clerk a final plat of Lots 1, 2 and 3 of MarieAttest:
Rubie Subdivision in Dubuque County, Iowa; andMary A. Davis, City Clerk
Whereas, said plat has been examined by theCouncil Member Voetberg moved adoption of
Zoning Commission and had its approval endorsedthe Resolution. Seconded by Council Member
thereon; andNagle. Carried by the following vote:
Whereas, said final plat has been examined byYeas—Mayor Duggan, Council Members
the City Council and they find that it conforms toKluesner, Krieg, Nagle, Nicholson, Robbins,
the statutes and ordinances relating thereto.Voetberg. Nays—None.
NOW, THEREFORE, BE IT RESOLVED BYCity Manager requesting publication of a
THE CITY COUNCIL OF THE CITY OFNotice of No Significant Effect on the
DUBUQUE, IOWA:Environment for the Hills and Dales Child
Section 1. That the final plat of Lots 1, 2 andDevelopment Center and the Dubuque Rescue
3 of Marie Rubie Subdivision in Dubuque County,Mission projects related to American with
Iowa is hereby approved and the Mayor and CityDisabilities Act improvements, presented and read.
Clerk are hereby authorized and directed toCouncil Member Voetberg moved that the
endorse the approval of the City of Dubuque,communication be received and filed. Seconded
Iowa, upon said final plat.by Council Member Nagle. Carried by the
Passed, approved and adopted this 19th day offollowing vote: Yeas—Mayor Duggan, Council
December, 1994.Members Kluesner, Krieg, Nagle, Nicholson,
Terrance M. Duggan, MayorRobbins,
ATTEST:
Mary A. Davis, City ClerkRESOLUTION NO. 383-94
Council Member Voetberg moved adoption of
RESOLUTION AUTHORIZING
the Resolution. Seconded by Council MemberPUBLICATION OF NOTICE OF
Nagle. Carried by the following vote:ENVIRONMENTAL REVIEW FINDINGS
Yeas—Mayor Duggan, Council MembersFOR CERTAIN COMMUNITY
Kluesner, Krieg, Nagle, Nicholson, Robbins,
DEVELOPMENT BLOCK GRANT
Voetberg. Nays—None. PROJECTS
City Manager accepting a County HealthWhereas, the City of Dubuque has entered into
Planning Committee Cancer Prevention Grant anda Grant Agreement for the fiscal year commencing
requesting authorization to execute, presented andJuly 1, 1993 with the U.S. Department of Housing
read. Council Member Voetberg moved that theand Urban Development, providing for financial
communication be received and filed. Secondedassistance to the City under Title I of the Housing
by Council Member Nagle. Carried by theand Community Development Act of 1974, as
following vote: Yeas—Mayor Duggan, Councilamended; and
Members Kluesner, Krieg, Nagle, Nicholson,Whereas, pursuant to the rules and regulations
Robbins, Voetberg. Nays—None. as promulgated by the U.S. Department of
Housing and Urban Development, an
RESOLUTION NO. 382-94environmental review has been processed for the
A RESOLUTION AUTHORIZING THEhereinafter described projects proposed to be
financed with Community Development Block
CITY MANAGER OR HIS DESIGNEE TO
Grant funds; and
SIGN A CONTRACT WITH THE IOWA
DEPARTMENT OF PUBLIC HEALTH FOR
Regular Session, December 19, 1994398
Whereas, on May 6, 1994, after duein the Office of the City Clerk of the City of
consideration, a determination was made that theDubuque, Iowa be and is hereby adopted and
projects are not major federal actions significantlybecomes part of the Code of Ordinances of the City
affecting the quality of the human environment.of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BYPassed, approved and adopted this 19th day of
THE CITY COUNCIL OF THE CITY OFDecember, 1994.
DUBUQUE, IOWA:Terrance M. Duggan, Mayor
Section 1. That the City Clerk be and she isAttest:
hereby authorized and directed to publish a NoticeMary A. Davis, City Clerk
of Finding of No significant Effect on theCouncil Member Voetberg moved adoption of
Environment for the following projects, and tothe Resolution. Seconded by Council Member
make the Environmental Review Record for saidNagle. Carried by the following vote:
projects available for public inspection. SuchYeas—Mayor Duggan, Council Members
notice shall be in the form of Exhibit "A" attachedKluesner, Krieg, Nagle, Nicholson, Robbins,
hereto and made a part hereof.Voetberg. Nays—None.
Hills and Dales Child Development CenterCity Manager recommending acceptance of the
and Dubuque Rescue Missionconstruction contract for the department's garage
Americans with Disabilities Act Improvementroof rehabilitation project, presented and read.
ProjectsCouncil Member Voetberg moved that the
Section 2. That the City of Dubuque herebycommunication be received and filed. Seconded
declares its intent to adopt a resolution at itsby Council Member Nagle. Carried by the
meeting of January 3, 1995, authorizing thefollowing vote: Yeas—Mayor Duggan, Council
submission of a request to the U.S. Department ofMembers Kluesner, Krieg, Nagle, Nicholson,
Housing and Community Development, for releaseRobbins, Voetberg. Nays—None.
of funds to undertake the above mentioned
projects.RESOLUTION NO. 385-94
Passed, approved and adopted this 19th day of
ACCEPTING IMPROVEMENT
December, 1994.Whereas, the contract for the Operations and
Terrance M. Duggan, MayorMaintenance Department Garage Roof
Attest:Rehabilitation Project has been completed and the
Mary A. Davis, City ClerkCity Manager has examined the work and filed his
Council Member Voetberg moved adoption ofcertificate stating that the same has been completed
the Resolution. Seconded by Council Memberaccording to the terms of the contract, plans and
Nagle. Carried by the following vote:specifications and recommends its acceptance.
Yeas—Mayor Duggan, Council MembersNOW, THEREFORE, BE IT RESOLVED BY
Kluesner, Krieg, Nagle, Nicholson, Robbins,THE CITY COUNCIL OF THE CITY OF
Voetberg. Nays—None. DUBUQUE, IOWA:
City Manager recommending adoption ofSection 1. That the recommendation of the
Supplement No. 21 to the Code of Ordinances,City Manager be approved and that said
presented and read. Council Member Voetbergimprovement be and the same is hereby accepted.
moved that the communication be received andBE IT FURTHER RESOLVED that the City
filed. Seconded by Council Member Nagle.Treasurer be and he is hereby directed to pay to the
Carried by the following vote: Yeas—Mayorcontractor from the Road Use Tax Fund and the
Duggan, Council Members Kluesner, Krieg,Refuse Collection Fund in amount equal to the
Nagle, Nicholson, Robbins, Voetberg.amount of his contract, less any retained
Nays—None. percentage provided for therein.
Passed, approved and adopted this 19th day of
RESOLUTION NO. 384-94December, 1994.
Terrance M. Duggan, Mayor
ADOPTING SUPPLEMENT NO. 21 TO THE
CODE OF ORDINANCES OF THE CITY OFAttest:
DUBUQUE, IOWAMary A. Davis, City Clerk
Whereas, under date of July 17, 1989, the CityCouncil Member Voetberg moved adoption of
Council, pursuant to Ordinance No. 34-89,the Resolution. Seconded by Council Member
readopted the Code of Ordinances of the City ofNagle. Carried by the following vote:
Dubuque, Iowa for ordinances adopted up to andYeas—Mayor Duggan, Council Members
including December 19, 1988; andKluesner, Krieg, Nagle, Nicholson, Robbins,
Whereas, since December 19, 1988 the CityVoetberg. Nays—None.
Council of the City of Dubuque, Iowa has adopted
certain ordinances amending the Code ofRESOLUTION NO. 386-94
Ordinances and said amendments have been
FINAL ESTIMATE
printed as supplements to the Code of Ordinances;Whereas, the contract for the Operations and
andMaintenance Department Garage Roof
Whereas, Section 380.8 of the Code ofRehabilitation Project has been completed and the
Ordinances provides that supplements, byOperations and Maintenance Department Manager
resolution, become part of the Code of Ordinances.has submitted his final estimate showing the cost
NOW THEREFORE, BE IT RESOLVED BYthereof including the cost of estimates, notices and
THE CITY COUNCIL OF THE CITY OFinspections and all miscellaneous costs;
DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED BY
Section 1. That Supplement No. 21 of theTHE CITY COUNCIL OF THE CITY OF
Code of Ordinances of the City of Dubuque, Iowa,DUBUQUE, IOWA:
covering Ordinances through Ordinance No. 58-94Section 1. That the cost of said improvement is
enacted through October 3, 1994 and prepared byhereby determined to be $81,137.00 and the said
the Sterling Codifers, Inc., Weiser, ID hereto filedamount shall be paid from the Road Use Tax Fund
399Regular Session, December 19, 1994
and the Refuse Collection Fund of the City ofMary A. Davis, City Clerk
Dubuque, Iowa.Council Member Voetberg moved adoption of
Passed, approved and adopted this 19th day ofthe Resolution. Seconded by Council Member
December, 1994.Nagle. Carried by the following vote:
Terrance M. Duggan, MayorYeas—Mayor Duggan, Council Members
Attest:Kluesner, Krieg, Nagle, Nicholson, Robbins,
Mary A. Davis, City ClerkVoetberg. Nays—None.
Council Member Voetberg moved adoption ofCity Manager recommending approval of
the Resolution. Seconded by Council MemberPurchase of Services Agreement with Dubuque
Nagle. Carried by the following vote:Area Labor Management Council, presented and
Yeas—Mayor Duggan, Council Membersread. Council Member Voetberg moved that the
Kluesner, Krieg, Nagle, Nicholson, Robbins,communication be received and filed. Seconded
Voetberg. Nays—None. by Council Member Nagle. Carried by the
Attorney Chad Leitch requesting assignment offollowing vote: Yeas—Mayor Duggan, Council
Lease and Agreement on the Eagle Point MarinaMembers Kluesner, Krieg, Nagle, Nicholson,
Property, presented and read. Council MemberRobbins, Voetberg. Nays—None.
Voetberg moved that the communication be
referred to the City Manager. Seconded byRESOLUTION NO. 388-94
Council Member Nagle. Carried by the following
RESOLUTION APPROVING A PURCHASE
vote: Yeas—Mayor Duggan, Council Members
OF SERVICES AGREEMENT BETWEEN
Kluesner, Krieg, Nagle, Nicholson, Robbins,THE CITY OF DUBUQUE AND DUBUQUE
Voetberg. Nays—None. AREA LABOR-MANAGEMENT COUNCIL
AND AUTHORIZING AND DIRECTING
John E. Goodmann of Dubuque CountyTHE MAYOR AND CITY CLERK TO
Habitat for Humanity requesting City be a donorEXECUTE SAID AGREEMENT ON
of abandoned property, presented and read.BEHALF OF THE CITY OF DUBUQUE,
Council Member Voetberg moved that the
IOWA
communication be referred to the City Manager.Whereas, the City Council of the City of
Seconded by Council Member Nagle. Carried byDubuque, Iowa, desires to encourage the
the following vote: Yeas—Mayor Duggan,improvement of labor and management relations
Council Members Kluesner, Krieg, Nagle,in the community as part of a comprehensive
Nicholson, Robbins, Voetberg. Nays—None. approach to economic growth and development;
and
City Manager recommending acceptance ofWhereas, the Dubuque Area Labor-
Fremont Ave. Right-of-way Deed, presented andManagement Council represents itself as
read. Council Member Voetberg moved that thetechnically and professionally qualified to provide
communication be received and filed. Secondeda forum to improve and expand labor-management
by Council Member Nagle. Carried by thecooperation in the public and private sector within
following vote: Yeas—Mayor Duggan, Councilthe Dubuque area; and
Members Kluesner, Krieg, Nagle, Nicholson,Whereas, the City Council has deemed it to be
Robbins, Voetberg. Nays—None. in the public interest to enter into an agreement
with Dubuque Area Labor-Management Council
RESOLUTION NO. 387-94to provide services aimed at the improvement of
A RESOLUTION ACCEPTING Alabor-management cooperation.
NOW, THEREFORE, BE IT RESOLVED BY
CONVEYANCE OF PROPERTY AT 555
THE CITY COUNCIL OF THE CITY OF
FREMONT AVENUE TO THE CITY OF
DUBUQUEDUBUQUE, IOWA:
Whereas, The City of Dubuque entered into aSection 1. That the Purchase of Services
Acquisition Agreement with Scott G. & Nancy M.Agreement with the Dubuque Area Labor-
Bertness, dated October 8, 1994, pursuant toManagement Council, a copy of which is attached
which Scott G. & Nancy M. Bertness agreed tohereto and made a part hereof, is hereby approved.
convey property to be known as Lot 1 of 2 of 2 ofSection 2. That the Mayor and City Clerk are
Birch Acres in the City of Dubuque, Iowa, locatedhereby authorized and directed to execute said
at 555 Fremont Avenue, Dubuque, Iowa, to theAgreement on behalf of the City of Dubuque,
City of Dubuque; andIowa.
Whereas, Scott G. & Nancy M. Bertness havePassed, approved and adopted this 19th day of
executed a conveyance of said property.December, 1994.
NOW, THEREFORE, BE IT RESOLVED BYTerrance M. Duggan, Mayor
THE CITY COUNCIL OF THE CITY OFAttest:
DUBUQUE, IOWA:Mary A. Davis, City Clerk
Section 1. The City Council of the City ofCouncil Member Voetberg moved adoption of
Dubuque, Iowa, hereby approves of, accepts andthe Resolution. Seconded by Council Member
consents to the Warranty Deed from Scott G. &Nagle. Carried by the following vote:
Nancy M. Bertness, copies of which are attachedYeas—Mayor Duggan, Council Members
hereto, as required by Iowa Code Section 569.7.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Section 2. The Mayor is hereby authorized andVoetberg. Nays—None.
directed to execute and acknowledge on behalf of
the City of Dubuque any instruments in connectionCity Manager recommending approval of the
herewith.Flood Disaster Relief Fund Grantee Performance
Passed, approved and adopted this 19th day ofReport, presented and read. Council Member
December, 1994.Voetberg moved that the communication be
Terrance M. Duggan, Mayorreceived and filed. Seconded by Council Member
Attest:Nagle. Carried by the following vote:
Regular Session, December 19, 1994400
Yeas—Mayor Duggan, Council Membersreclassifying property located west of Radford
Kluesner, Krieg, Nagle, Nicholson, Robbins,Road adjoining Wolff Rd., (matter denied by
Voetberg. Nays—None. Zoning Comm.) presented and read. Council
Member Kluesner moved that the proof of
publication be received and filed. Seconded by
RESOLUTION NO. 389-94
RESOLUTION AUTHORIZING THECouncil Member Nicholson. Carried by the
SUBMISSION OF A GRANTEEfollowing vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
PERFORMANCE REPORT FOR THE
Robbins, Voetberg. Nays—None.
PERIOD COMMENCING AUGUST 23, 1993
AND CONCLUDING AUGUST 30, 1994.
Whereas, the City of Dubuque, Iowa, is a floodLarry Wolff requested rezoning for building a
spec. building. Attorney D. Setter, representing
disaster relief grant recipient under the Community
Development Block Grant (CDBG) Program ofSpahn & Rose, objected to rezoning request.
the U.S. Department of Housing and Urban
Development (HUD); andAn Ordinance Amending Zoning Map by
reclassifying property located West of Radford
Whereas, the regulations require that no later
than ninety (90) days after the completion of aRoad and adjoining Wolff Road from LI Light
program year, each recipient must submit to HUDIndustrial District to C-3 General Commercial
a performance and evaluation report, GranteeDistrict, said Ordinance having been presented and
read at the Council Meeting of 11-21-94,
Performance Report (GPR); and
Whereas, the CDBG regulations also requirepresented for final action.
that the recipient make the GPR available to its
citizens for comment prior to submission to HUD;
OFFICIAL PUBLICATION)
andORDINANCE NO. 70-94
Whereas, the City has 1) prepared a GPR forAN ORDINANCE AMENDING APPENDIX
the program year commencing A (THE ZONING ORDINANCE) OF THE
August 23, 1993 and concluding August 30,CITY OF DUBUQUE CODE OF
1994; 2) published notice of availability of theORDINANCES, BY RECLASSIFYING
GPR in the Dubuque Advertiser on November 26,HEREINAFTER DESCRIBED PROPERTY
1994 and in the Telegraph Herald on NovemberLOCATED WEST OF RADFORD ROAD
28, 1994; 3) made copies of the GPR available forAND ADJOINING WOLFF ROAD FROM LI
public review at the Public Library, City Hall andLIGHT INDUSTRIAL DISTRICT TO C-3
the Housing Services Office; and, 4) held a publicGENERAL COMMERCIAL DISTRICT.
hearing pursuant to published notice before theNOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
Community Development Commission on
December 14, 1994.DUBUQUE, IOWA: Section 1. That Appendix A
NOW, THEREFORE, BE IT RESOLVED BY(the Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:reclassifying the hereinafter described property
Section 1. That the Grantee Performancefrom LI Light Industrial District to C-3 General
Report for the period commencing August 23,Commercial District, to wit:
Lot 1 of Block 1 and Lot 1 of Block 2 of Wolff
1993 and concluding August 30, 1994, a copy of
which is attached, is hereby approved forPlace and to the center line of the adjoining
submission.public right-of-way, all in the City of Dubuque,
Section 2. That the Mayor of the City ofIowa.
Section 2. The foregoing amendment has
Dubuque is hereby authorized and directed to
execute the Grantee Performance Report on behalfheretofore been reviewed by the Zoning
of the City of Dubuque, Iowa.Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect
Section 3. That the City Manager is hereby
authorized and directed to submit the Granteeimmediately upon publication, as provided by law.
Performance Report to the U.S. Department ofPassed, approved and adopted this 19th day of
Housing and Urban Development.December, 1994.
Terrance M. Duggan, Mayor
Passed, approved and adopted this 19th day of
December, 1994.Attest:
Terrance M. Duggan, MayorMary A. Davis, City Clerk
Attest:Published officially in the Telegraph Herald
Mary A. Davis, City Clerknewspaper this 30th day of December, 1995.
Council Member Voetberg moved adoption of1t 12/30Mary A. Davis, City Clerk
the Resolution. Seconded by Council MemberCouncil Member Kluesner moved final
Nagle. Carried by the following vote:adoption of the Ordinance. Seconded by Council
Yeas—Mayor Duggan, Council MembersMember Nicholson. Carried by the following vote:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members
Voetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins,
Council Member Kluesner moved that the rulesVoetberg. Nays—None.
be suspended to allow anyone present to addressProof of publication certified to by the
the Council. Seconded by Council Member Nagle.Publisher on Notice of Public Hearing to receive
Carried by the following vote: Yeas—Mayorcomments on the Annual Performance Report of
Duggan, Council Members Kluesner, Krieg,City's activities in compliance with the FY 1994
Nagle, Nicholson, Robbins, Voetberg.Housing Affordability Strategy (CHAS) and City
Nays—None. Manager recommending acceptance of the Annual
Performance Report on CHAS, presented and read.
Proof of Publication certified to by theCouncil Member Krieg moved that the proof and
Publisher on Notice of Public Hearing to considerthe communication be received and filed.
401Regular Session, December 19, 1994
Seconded by Council Member Nagle. Carried byA 10 foot wide utility easement near the
the following vote: Yeas—Mayor Duggan,southeast corner of Lot H in Fremont Heights
Council Members Kluesner, Krieg, Nagle,in the City of Dubuque, as shown on the
Nicholson, Robbins, Voetberg. Nays—None. attached Exhibit "A"
Whereas, the City Council of the City of
RESOLUTION NO. 390-94Dubuque, Iowa overruled any and all objections,
RESOLUTION AUTHORIZING THEoral or written, to the proposal to dispose of
interest of the City of Dubuque, Iowa in the
SUBMISSION OF THE FY 1994 ANNUAL
hereinabove described real estate.
PERFORMANCE REPORT TO THE U.S.
DEPARTMENT OF HOUSING AND URBANNOW, THEREFORE, BE IT RESOLVED BY
DEVELOPMENTTHE CITY COUNCIL OF THE CITY OF
Whereas, the City of Dubuque will apply forDUBUQUE, IOWA:
direct assistance through the CommunitySection 1. That the disposal of the interest of
Development Block Grant (CDBG) program andthe City of Dubuque, Dubuque County, Iowa in
other HUD programs subject to the requirementreal property described as a 10 foot wide utility
than an annual Comprehensive Housingeasement near the southeast corner of Lot H in
Affordability Strategy (CHAS) and an annualFremont Heights in the City of Dubuque, Iowa as
report on the City's performance be prepared andshown on the attached Exhibit "A" be and the same
submitted; andis hereby approved for the cost of publication and
Whereas, the FY 1994 Annual Performancefiling fees.
Report has been prepared and is hereto attachedSection 2. That the Mayor be authorized and
and by this reference made a part hereof; anddirected to execute a Release of Easement, and the
Whereas, a public participation process hasCity Clerk be and is hereby authorized and
been convened as part of the preparation of thisdirected to deliver said Release to Martin
report, including public hearings, a thirty-dayMcNamer upon receipt of the above fees.
public review period and review by the City'sSection 3. That the City Clerk be and is hereby
Housing Commission.authorized and directed to record a certified copy
NOW, THEREFORE, BE IT RESOLVED BYof this resolution in the office of the City Assessor,
THE CITY COUNCIL OF THE CITY OFDubuque County Recorder and the Dubuque
DUBUQUE, IOWA:County Auditor.
Section 1. That the Annual PerformancePassed, approved and adopted this 19th day of
Report of the City's activities in compliance withDecember, 1994.
the FY 1994 Comprehensive HousingTerrance M. Duggan, Mayor
Affordability Strategy is hereby approved, and theAttest:
City Manager is authorized and directed to submitMary A. Davis, City Clerk
it to the U.S. Department of Housing and UrbanCouncil Member Krieg moved adoption of the
Development.Resolution. Seconded by Council Member Nagle.
Passed, approved and adopted this 19th day of Carried by the following vote: Yeas—Mayor
December, 1994.Duggan, Council Members Kluesner, Krieg,
Terrance M. Duggan, MayorNagle, Nicholson, Robbins, Voetberg.
Mary A. Davis, City ClerkNays—None.
Council Member Krieg moved adoption of the
Resolution. Seconded by Council Member Nagle.City Manager reaffirming denial of Robert C.
Carried by the following vote: Yeas—MayorRoethig claim and requesting Council approval,
Duggan, Council Members Kluesner, Krieg,presented and read. Council Member Voetberg
Nagle, Nicholson, Robbins, Voetberg.moved that the communication be received and
Nays—None. filed and concurred with denial. Seconded by
Council Member Nagle. Carried by the following
Proof of publication certified to by thevote: Yeas—Mayor Duggan, Council Members
Publisher on Notice of Public Hearing to considerKluesner, Krieg, Nagle, Nicholson, Robbins,
disposition of City's interest in real propertyVoetberg. Nays—None.
described as a "10 foot wide utility easement near
the southeast corner of Lot H in Fremont HeightsCity Manager requesting budget modifications
in the City" to Martin McNamer, presented andfor the Airport C.I.P., presented and read. Council
read. Council Member Krieg moved that the proofMember Voetberg moved that the communications
be received and filed. Seconded by Councilbe received and filed and approve the budget
Member Nagle. Carried by the following vote:modification. Seconded by Council Member
Yeas—Mayor Duggan, Council MembersNagle. Carried by the following vote:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members
Voetberg. Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 391-94
Whereas, pursuant to resolution and publishedEd Tschiggfrie requesting Council approve the
notice of time and place of hearing, published inlayout for the street in the Shady Oaks Subd. on S.
the Telegraph Herald, a newspaper of generalGrandview, presented and read. Council Member
circulation published in the City of Dubuque, IowaKluesner moved that they approve the length of the
on the 9th day of December, 1994, the Citystreet, subject to final plat meeting all
Council of the City of Dubuque, Iowa met on therequirements. Seconded by Council Member
19th day of December, 1994, at 7:30 p.m. in theRobbins. Carried by the following vote:
Public Library Auditorium, 11th and Locust,Yeas—Mayor Duggan, Council Members
Dubuque, Dubuque County, Iowa to consider theKluesner, Krieg, Nagle, Nicholson, Robbins,
proposal for the vacation and release of real estateVoetberg. Nays—None.
described as:
Regular Session, December 19, 1994402
Human Rights Annual Report was presented byrehabilitation of buildings or other improvements
Chairperson Karla Braig, presented and read.in accordance with the urban renewal plan; and
Council Member Voetberg moved that the reportWhereas, the City Council finds that
be received and filed. Seconded by Councilcontinuation and expansion of the Loan Program
Member Robbins. Carried by the following vote:is necessary to effectuate the purposes of Iowa
Yeas—Mayor Duggan, Council MembersCode Chapter 403, the Urban Renewal Law, and
Kluesner, Krieg, Nagle, Nicholson, Robbins,the goals of the Amended and Restated Urban
Voetberg. Nays—None. Renewal Plan for the Downtown Dubuque Urban
Renewal District; and
City Manager submitting amendments to theWhereas, the City Council is prepared to
Human Relations Ordinance to the City Code toprovide additional capitalization for the Loan
bring it into conformance with the Americans withProgram provided these funds are reimbursed
Disabilities Act (ADA), which amendments willthrough the proceeds of the Downtown Urban
apply to employers with four or more employees;Renewal Tax Increment Financing District as
an ORDINANCE Amending certain portions ofamended.
Section 27 of the City Code incorporating many ofNOW, THEREFORE, BE IT RESOLVED BY
the provisions of the Americans with DisabilitiesTHE CITY COUNCIL OF THE CITY OF
Act (ADA); an ORDINANCE Amending certainDUBUQUE, IOWA:
portion of Ch. 27 of the City Code providing to theSection 1. That the City Manager is hereby
Technical Amendments to the Human Relationsauthorized to advance up to three hundred and
Ordinance, presented and read. Council Membereighty-seven thousand dollars ($387,000) in
Nicholson moved that the entire matter be tabled.additional funds from the City's debt service
Seconded by Council Member Nagle. Carried byreserve account established to repay its downtown
the following vote: Yeas—Mayor Duggan,hotel project Section 108 Loan Guarantee
Council Members Kluesner, Krieg, Nagle,obligations to provide the necessary funding
Nicholson, Robbins, Voetberg. Nays—None. required to continue and expand the Downtown
City Manager requesting additional funding forRehabilitation Loan Program, provided any such
Downtown Rehab Loan Program, presented andfunds so advanced shall be repaid from the
read. Council Member Voetberg moved that theproceeds of the Downtown Urban Renewal Tax
communication be received and filed. SecondedIncrement Financing District as amended.
by Council Member Krieg. Carried by theSection 2. That the City Manager is hereby
following vote: Yeas—Mayor Duggan, Councilauthorized and directed to administer these
Members Kluesner, Krieg, Nagle, Nicholson,additional funds in accordance with the Loan
Robbins, Voetberg. Nays—None. Program Guidelines as adopted by City Council.
Passed, approved and adopted this 19th day of
RESOLUTION NO. 392-94December, 1994.
RESOLUTION AUTHORIZINGTerrance M. Duggan, Mayor
Attest:
ADDITIONAL CAPITALIZATION OF THE
DOWNTOWN REHABILITATION LOANMary A. Davis, City Clerk
PROGRAM FOR THE DOWNTOWNCouncil Member Voetberg moved adoption of
URBAN RENEWAL PROJECT AREAthe Resolution. Seconded by Council Member
Whereas, on December 20, 1993, the CityKrieg. Carried by the following vote:
Council of the City of Dubuque, Iowa, establishedYeas—Mayor Duggan, Council Members
a Downtown Rehabilitation Loan Program (TheKluesner, Krieg, Nagle, Nicholson, Robbins,
"Loan Program"), to provide financial incentives toVoetberg. Nays—None.
further the goals and objectives of the DowntownCity Manager submitting two amendments to
Urban Renewal Plan; andthe Loan Agreement for redevelopment of Bishop
Whereas, the City Council authorized an initialBlock Building at 90 S. Main St., presented and
capitalization of the Loan Program of two hundredread. Council Member Krieg moved that the
and sixty thousand dollars ($260,000); andcommunication be received and filed. Seconded
Whereas, on March 7, 1994, the City Councilby Council Member Nicholson. Carried by the
approved the commitment of up to $100,000 infollowing vote: Yeas—Mayor Duggan, Council
loan funds and up to $10,000 in grant funds for theMembers Kluesner, Krieg, Nagle, Nicholson,
repair and rehabilitation of the Grand Opera HouseRobbins, Voetberg. Nays—None.
from the Loan Program; and
Whereas, an Amended and Restated UrbanRESOLUTION NO. 393-94
Renewal Plan for the Downtown Dubuque Urban
RESOLUTION AUTHORIZING THE
Renewal District was adopted on May 2, 1994,EXECUTION OF A LOAN AGREEMENT
which expanded the District to include the OldAMENDMENT WITH BISHOP'S BLOCK
Main Subarea and to revise the Plan; and
LIMITED PARTNERSHIP, A MAINE
Whereas, additional property owners from theLIMITED PARTNERSHIP
District, in particular from the Old Main Subarea,WHEREAS, the City of Dubuque has
have indicated their desire to apply for funds toexecuted a loan agreement with the Bishop's Block
repair and rehabilitate their buildings in responseLimited Partnership dated August 23, 1993; and
to the program for voluntary or compulsory repairWHEREAS, amendments to the original loan
and rehabilitation being carried out in accordanceagreement are necessary in order to clarify the
with the Amended and Restated Urban Renewalconditions of the loan and ensure the successful
Plan; andcompletion of the community development
Whereas, Iowa Code Section 403.17(23),activities for which the loan was made.
specifically and expressly provides that an urbanNOW, THEREFORE, BE IT RESOLVED BY
renewal project may include carrying out plans forTHE CITY COUNCIL OF THE CITY OF
a program of voluntary or compulsory repair andDUBUQUE, IOWA:
403Regular Session, December 19, 1994
Section 1. That the City Manager is herebyWhereas, the contract for the Peru Road
authorized to negotiate and execute documentsReconstruction Project has been completed and the
implementing proposed changes to the loanCity Engineer has submitted his final estimate
agreement with the Bishop's Block Limitedshowing the cost thereof including the cost of
Partnership.estimates, notices and inspection and all
Passed, approved and adopted this 19th day ofmiscellaneous costs;
December, 1994.NOW THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, MayorTHE CITY COUNCIL OF THE CITY OF
Attest:DUBUQUE, IOWA:
Mary A. Davis, City ClerkSection 1. That the cost of said improvement is
Council Member Krieg moved adoption of thehereby determined to be $1,594,896.52 and the
Resolution. Seconded by Council Membersaid amount shall be paid from the Street
Nicholson. Carried by the following vote:Construction Fund and the Road Use Tax Fund of
Yeas—Mayor Duggan, Council Membersthe City of Dubuque, Iowa.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 2. That $156,750.94 of the cost
Voetberg. Nays—None. thereof shall be assessable upon private property
City Manager requesting Council approval ofand $1,438,145.58 shall be paid from the Street
a consultant for Old Main Market Analysis andConstruction Fund and the Road Use Tax Fund.
approval of $20,000.00 in tax increment financingPassed, approved and adopted this 19th day of
funds and funds in the amount of $9,600.00 fromDecember, 1994.
private sources to fund study, presented and read.Terrance M. Duggan, Mayor
Council Member Voetberg moved that theAttest:
communication be received and filed and requestMary A. Davis, City Clerk
approved. Seconded by Council Member Krieg.Council Member Nagle moved adoption of the
Carried by the following vote: Yeas—MayorResolution. Seconded by Council Member
Duggan, Council Members Kluesner, Krieg,Nicholson. Carried by the following vote:
Nagle, Nicholson, Robbins, Voetberg.Yeas—Mayor Duggan, Council Members
Nays—None. Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
City Manager recommending acceptance of the
Peru Road Reconstruction Project, presented and
RESOLUTION NO. 396-94
read. Council Member Nagle moved that theA RESOLUTION ADOPTING THE FINAL
communication be received and filed. SecondedASSESSMENT SCHEDULE FOR THE PERU
by Council Member Nicholson. Carried by the
ROAD RECONSTRUCTION PROJECT
following vote: Yeas—Mayor Duggan, Council
INCLUDING CERTAIN INFORMATION
Members Kluesner, Krieg, Nagle, Nicholson,REQUIRED BY THE CODE OF IOWA,
Robbins, Voetberg. Nays—None. SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO WHICH
RESOLUTION NO. 394-94ASSESSMENTS ARE DIVIDED, THE
ACCEPTING IMPROVEMENTINTEREST ON ALL UNPAID
Whereas, the contract for the Peru RoadINSTALLMENTS, THE TIME WHEN THE
Reconstruction Project has been completed and the
ASSESSMENTS ARE PAYABLE AND
City Manager has examined the work and filed hisDIRECTING THE CLERK TO CERTIFY
certificate stating that the same has been completedTHE FINAL SCHEDULE AND TO PUBLISH
according to the terms of the contract, plans and
NOTICE THEREOF.
specifications and recommends it acceptance.NOW THEREFORE, BE IT RESOLVED BY
NOW THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF
THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA:That after full consideration of the final
Section 1. That the recommendation of theschedule of assessments and accompanying plat
City Manager be approved and that saidshowing the assessments proposed to be made for
improvement be and the same is hereby accepted.the construction of the Peru Road Reconstruction
BE IT FURTHER RESOLVED that the CityProject under contract with the Flynn Company of
Treasurer be and he is hereby directed to pay to theDubuque, Iowa, which final plat and schedule
contractor from the Street Construction Fund andwere filed in the office of the City Clerk on the
the Road Use Tax Fund in amount equal to the15th day of December, 1994, that said schedule of
amount of his contract, less any retainedassessments be and the same is hereby approved
percentage provided for therein.and adopted.
Passed, approved and adopted this 19th day ofThat there be, and is hereby assessed and levied
December, 1994.as a special tax against and upon each of the lots,
Terrance M. Duggan, Mayorthe respective sums indicated. Provided, further,
Attest:that the amounts shown in said final schedule of
Mary A. Davis, City Clerkassessments as deficiencies are found to be proper
Council Member Nagle moved adoption of theand levied conditionally against the respective
Resolution. Seconded by Council Memberproperties benefitted by the improvements as
Nicholson. Carried by the following vote:shown in the schedule, subject to the provisions of
Yeas—Mayor Duggan, Council MembersSection 384.63, Code of Iowa. Said assessments
Kluesner, Krieg, Nagle, Nicholson, Robbins,against said lots are hereby declared to be in
Voetberg. Nays—None. proportion to the special benefits conferred and not
in excess of twenty-five percent of the value of
same.
RESOLUTION NO. 395-94
That assessments of $50.00 or more are
FINAL ESTIMATE
payable in 10 equal annual installments, with
Regular Session, December 19, 1994404
interest on the unpaid balance, all as provided in& JOYCE S. 5$ 727.25
Section 384.65, Code of Iowa. ConditionalVALENTINE, TERRY N.
deficiency assessments, if any, may be levied& JOYCE S. 6 w/5
against the applicable property for the same periodKREIMAN, AUDREY 7$ 363.62
of years as the assessments are made payable.STOCKEL, LAWRENCE J.
Assessments may be paid in full or in part& JEANNINE E. 8$ 290.20
without interest at the office of the CountyO'REILLY, LOU MAE 9$ 363.62
Treasurer, at any time within 30 days after the dateMEYER, MARK F. & DEBORAH K. 10546.48
of the first publication of this notice of the filing of 644.06$ 1,917.79
the final plat and schedule of assessments with theMEYER, MARK F. & DEBORAH K.
County Treasurer. Unless said assessments are11 W/10
paid in full within said thirty day period all unpaidHOAG, C. MAXINE 12$ 1,090.87
assessments will draw annual interest computed atHOAG, C. MAXINE 13W/12
9 percent (commencing on the date of acceptanceHOAG, C. MAXINE 14 W/12
of the work) computed to the December 1st nextVORWALD,HELEN M.
following the due dates of the respective15212.52$ 1,303.39
installments. Each installment will be delinquentVORWALD, HELEN M.16W/15
on September 30th following its due date on JulyVORWALD, HELEN M.17W/15
1st in each year. Property owners may elect to paySCHROMEN, PHILIP F. & JEANINE A. 18
any annual installment semiannually in advance.455.40$ 819.02
That the City Clerk be and is hereby directed toSHELDON, LINDA L.
certify said schedule to the County Treasurer of19455.40$ 822.64
Dubuque County, Iowa, and to publish notice ofFONT, JAMES R. &
said certification once each week for twoHELEN M. 20$ 272.44
consecutive weeks in the manner provided inEVELYN THARP PLACE
Section 362.3, the first publication of which shallFONT, JAMES R. &
be not more than fifteen days from the date ofHELEN M. 1$ 1,161.99
filing of the final schedule. The City Clerk shallFONT, JAMES R. &
also send by certified mail to property ownersHELEN M. 2$ 1,421.30
whose property is subject to assessment a copy ofMINERAL LOT 324
said notice, and mailing to be on or before the dateTHARP, FRANK & EVELYN
of the second publication of the notice, all as2-6-1-1-1-1 & 2-1-1$ 2,127.38
provided and directed by Section 384.60 of the
Code of Iowa.DONATH, FRED A.
Passed, approved and adopted this 19th day of2-2-4-1-1-1-1 & 2-1-1$ 915.63
December, 1994.PICKEL, BENNELL H. & MARCELLA 2-1-1-2-
Terrance M. Duggan, Mayor4-1-1-1 & 2-1-1$ 1,533.85
Attest:PICKEL, BENNELL H. & MARCELLA 2-2-1-2-
Mary A. Davis, City Clerk4-1-1-1-1 & 2-1-1 W/2-1-1-2-4-1-1-1-1 & 2-1-1
CITY OF DUBUQUE, IOWATERRACE ESTATES 1ST ADDITION
SCHEDULE OF FINAL ASSESSMENTSMANTERNACH DEVELOPMENT CO.
PERU ROAD FROM JACKSON STREET TOBLOCK 6$ 2,402.20
CITY LIMITS P.C. CONCRETE PAVINGMANTERNACH DEVELOPMENT CO. LOT C
PROJECT AS SHOWN ON ATTACHED$ 32.63
SHEETSMINERAL LOT 324
NO. 1 TO NO. 7 INCLUSIVE SCHEDULE OFMANTERNACH DEVELOPMENT CO. 2-1-1-
FINAL ASSESSMENTS PERU ROAD FROM1-1-1-1-4-1-1-1-1 & 2-1-1$ 597.55
JACKSON STREET NORTHERLY TO THEMANTERNACH DEVELOPMENT CO.
DUBUQUE CITY LIMITS; P.C.C. PAVING2-1-1-1-1-1-1-1-1-4-1-1-1-1 & 2-1-1$ 637.47
OWNERLOT DESCRIPTIONVALENTINE LEONARD & WAYNE &
SANITARY LATERALRICHARD 1-1-1-1-1-1-1-1-1-4-1-1-1-1 & 2-1-1
WATER LATERAL$455.40$580.64$ 5,664.79
TERRACE ESTATES 1ST ADDITION
TOTAL NET ASSESSMENT
GREAT WESTERN SUBD. NO. 1BLOCK 5
FLEXSTEEL IND. INC. 1$9,782.34MANTERNACH DEVELOPMENT CO.
FLEXSTEEL IND. INC. 2$1,877.22$ 132.71
GREAT WESTERN SUBD. NO. 2MANTERNACH DEVELOPMENT CO.
FLEXSTEEL IND. INC. 1$ 264.52$ 14.95
FLEXSTEEL IND. INC. SOUTHTERRACE ESTATES
PT. 2$ 520.17MANTERNACH DEVELOPMENT CO.
FLEXSTEEL IND. INC. 1-2-1-2$321.09
SW1/4-SW1/4-SEC 12 T89N R2E$1,002.90MINERAL LOT 324
KREIMAN, JOHN R. & ROSANNE 2-2-1-2VALENTINE, LEONARD & OTHERS
SW1/4-SW1/4-SEC 12 T89N R2E$ 205.572-2-1-1-1-1-1-1-1 & 2-1-1$ 880.79
MAPLE LEAF ADDITION NO. 2VALENTINE, LEONARD & OTHERS
CLAUER, CLYDE J. &S 83'- 2-1-1-1-1-1-4-1-1-1-1
ELIZ. ANN 1 $1,072.12& 2-1-1$ 1,379.30
CLAUER, CLYDE J. &MANTERNACH DEVELOPMENT CO.
ELIZ. ANN 2 W/11-2-1-1-1-1-1-1-1-4-1-1-1-1
CLAUER, CLYDE J. && 2-1-1$ 378.45
ELIZ. ANN 3 W/1HUGHES, RAYMOND L.
BURNS, BETTY JANE 4$ 363.62N 17'-2-1-1-1-1-1-4-1-1-1-1 & 2-1-1
VALENTINE, TERRY N.W/2-1-1-1-1-4-1-1-1-1 & 2-1-1
405Regular Session, December 19, 1994
HUGHES, RAYMOND L.BLEILE, ELMER M. & MARY A.
2-1-1-1-1-4-1-1-1-1 & 2-1-1$ 1,019.867$ 519.00
RAYMOND PLACEWELTY, SYLVESTER N. & DOROTHY
HUGHES, RAYMOND L.$ 1,773.496$ 1,000.50
HUGHES, RAYMOND L. 2$ 277.16WELTY, SYLVESTER N. & DOROTHY
FRANK BAUCH PLACE5W/6
PATTERS, DONALD F.& ROSEMARY M.WELTY, SYLVESTER N. & DOROTHY
1-1$ 2,196.404$ 1,092.88
DUVE, JEFFERY D. 2-1$ 2,221.24WELTY, SYLVESTER N. & DOROTHY
DUVE, JEFFERY D. S 35'-2$ 405.953W/4
FREIHOFER, GARY N. BAL-2 643.64WELTY, SYLVESTER N. & DOROTHY
378.84$ 2,630.152W/1
TERRACE HEIGHTS SUBDIVISIONWELTY, SYLVESTER N. & DOROTHY
SANDERS, WILLIAM L. & NANCY J.1407.67$ 1,453.10
3-1-D$ 2,222.07WELTY, SYLVESTER N. & DOROTHY
ROC COMMUNITIES INC.VAC. ALLEY BET. PERU & EXCELSIOR;
1-1-D$ 8,473.61TOLEDO-VINTONW/19
ROC COMMUNITIES INC.WELTY, SYLVESTER N. & DOROTHY
C$ 408.8619$ 593.03
MONDAY CO.WELTY, SYLVESTER N. & DOROTHY
2-D$ 4,319.8720W/19
ROC COMMUNITIES INC.WELTY, SYLVESTER N. & DOROTHY
2-1-D$ 10,803.9521W/19
KENNEDY SUBDIVISIONWELTY, SYLVESTER N. & DOROTHY
POST, DENNIS M.22W/19
13$ 2,014.73WELTY, SYLVESTER N. & DOROTHY
PAYNE, JAMES & JENNIFER23W/19
12$ 300.93WELTY, SYLVESTER N. & DOROTHY
NOEL, MARK W. & JILL M.24W/19
1$ 107.13WELTY, SYLVESTER N. & DOROTHY
LINK, DALE G.VACATED EXCELSIOR ST. BET. TOLEDO &
1$ 1,748.21VINTONW/19
TRILK, MICHAEL R. & DEBRA A.NORTH DUBUQUE
2$ 419.90HOAG, MAXINE27$ 1,967.49
SPAUTZ, RICHARD & MARGARETHOAG, MAXINE528W/527
3$ 131.51HOAG, MAXINE529W/527
SCOTT, CHARLES R. JR. & JANICE L. 4$ 16.05HOAG, MAXINE530W/527
HEDRICK, FRANK J. & HELENDECKER, BRIAN P.531$ 910.32
2-2-5 SW1/4-SEC 1$ 2,132.20DECKER, BRIAN P.532W/531
HECKRICK, FRANK J. & HELENHAWK DEVELOPERS
2-1-2-5 SW1/4-SEC 1641$ 2,207.53
W/2-2-5 SW1/4-SEC 1HAWK DEVELOPERS
THARP,EVELYN, HENDRICK, FRANK,642W/641
HENDRICK, GLENNHAWK DEVELOPERS
1-1-2-5 SW1/4-SEC 1$ 2,510.43643W/641
LUDWIG, RONALD R. & JOANN L.HAWK DEVELOPERS
2-1-5 SW1/4-SEC 1$ 244.11635$ 216.97
FOUNTAIN HILL RESUBDIVISIONHAWK DEVELOPERS
MILLER, THOMAS & FRANK G. JR.636W/635
1-2$ 4,829.46HAWK DEVELOPERS
MILLER, FRANK THOMAS & JAMES637W/635
1-2-1 NW1/4-NW1/4 SEC.12$ 1,565.76HAWK DEVELOPERS
WEITZ, JAMES A. & CHARLOTTE A. 1-N1/2-638W/635
NE1/4-NW1/4-SEC 12$ 4,793.15HAWK DEVELOPERS
DAVID, CHARLES F. & LORA639W/635
2-2-1 NW1/4-NW1/4-SEC 12HAWK DEVELOPERS
W/1-N1/2-NE1/4-NW1/4 SEC 12640W/635
BOYES, BURTON M. & ROSEMARY HAWKEYE ESTATES
1-1-NW1/4-NW1/4-SEC 12$ 5,936.77HAWK DEVELOPMENT LTD
BOYES, BURTON M. & ROSEMARY1$ 1,335.73
3-S1/2-NE1/4-NW1/4-SEC 12$ 3,259.38HAWK DEVELOPMENT LTD
O'NEILLS ADDITION2$ 413.20
TO NORTH DUBUQUEHEFEL, LAWRENCE & BERNARD
BLEILE, ELMER M. & MARY A.3$ 168.52
12 W/11HEFEL, LAWRENCE & BERNARD
BLEILE, ELMER M. & MARY A.4$ 83.26
11$ 1,231.01ARVANITIS, GEORGE K. & MARTHA
BLEILE, ELMER M. & MARY A.5$ 77.04
10$ 531.39LINK, MARK E. & DIANE M. 6$ 74.13
BLEILE, ELMER M. & MARY A.HEFEL, LAWRENCE & BERNARD
9$ 525.9420$ 910.62
BLEILE, ELMER M. & MARY A.HAWK DEVELOPMENT LTD.
8$ 523.0821$ 874.10
Regular Session, December 19, 1994406
HAWK DEVELOPMENT LTD.CITY OF DUBUQUE
VACATED BRUNSWICK ST.$ 993.27
22$ 1,091.18BELMONT ADDN.
HAWK DEVELOPMENT LTD.CITY OF DUBUQUE 159$ 65.90
23$ 1,334.73CITY OF DUBUQUE 160$ 251.78
HAWK DEVELOPMENT LTD.KRUSER, MERLIN D.
24$ 565.75& ELAINE H.161$ 657.73
OSTRANDER, KATHLEEN J.KRUSER, MERLIN D.
25$ 95.80& ELAINE H.
PHI THI VAN & NANCY J.162 635.06$ 1,322.29
26$ 45.04KRUSER, MERLIN D. & ELAINE H.
MINERAL LOT 324163$ 609.79
ELLIOTT, RICHARD R. & ARLENE L.
2-1-1-1-1-1 & 2-1-1$ 1,895.36
CLARK'S SUBDIVISIONJACOB COLLINS SUBDIVISION
DUBUQUE COUNTY 2-14$ 807.33MAIERS, TERRANCE & RALPH SCHMITT$ 1,562.69
DUBUQUE COUNTYMAIERS, TERRANCE & RALPH SCHMITT
1-14W/142W/1
LATHAM, DONALD J. SR. & MAIERS, TERRANCE & RALPH SCHMITT
ANGELINE K.3W/1
15$832.37$517.22$ 3,336.14HABERKORN, DAVID G. ET AL
MINERAL LOT 3244$ 187.68
CONNOLLY, ANY M.HABERKORN, DAVID G. ET AL
2-2-1-3-1-1-1-1 & 2-1-1$ 217.225$ 45.26
CONNER, JAMES S.HABERKORN, DAVID G. ET AL
2-1-1-1-1-2-1-3-1-1-1-1 & 2-1-1$ 131.916$ 453.10
DUBUQUE COUNTYHABERKORN, DAVID G. ET AL
1-1-1-1-1-2-1-3-1-1-1-1 & 2-1-1$ 113.757W/4
CONNOLLY, AMY M.HABERKORN, DAVID G. ET AL
2-1-1-1-2-1-3-1-1-1-1 & 2-1-1$ 480.698$ 52.33
CHRISTIENSEN, JAMES & SHIRLEYHABERKORN, DAVID G. ET AL
2-1-1-3-1-1-1-1 & 2-1-1$ 635.679703.69411.13 $ 1,827.93
SCARDINO, SHIRLEYHABERKORN, DAVID G. ET AL
2-3-1-1-1-1 & 2-1-1$ 420.8010$ 147.37
SHERIDAN VILLAGEHABERKORN, DAVID G. ET AL
DUBUQUE HOUSING PARTNERS11$ 49.63
3$ 3,297.76HABERKORN, DAVID G. ET AL
GEORGE NIGG'S SUBDIVISION12W/9
SCARDINO, SHIRLEY M.HABERKORN, DAVID G. ET AL
2$ 1,685.5113W/10
MINERAL LOT 324HABERKORN, DAVID G. ET AL
SPAUTZ, MICHAEL J.14 $ 16.69
2-1-1-5-1-1-1-1 & 2-1-1DUBUQUE STAMPING & MFG. INC.
755.16367.31$ 1,641.98PT 4 - PT ML 322 $ 1,284.26
SPAUTZ, MICHAEL J.CITY OF DUBUQUE
2-1-1-1-5-1-1-1-1 & 2-1-1PT 6, 7 - PT ML 322 $ 35.23
W/2-1-1-5-1-1-1-1 & 2-1-1 ML 324MINERAL LOT 322
HELLMER, GISELADUBUQUE STAMPING & MFG. INC.
2-5-1-1-1-1 & 2-1-12-4 $ 4,523.49
819.72392.68$ 2,075.27DUBUQUE STAMPING & MFG. INC.
BELMONT ADDITION1-1-4W/2-4
& SPAUTZ, MICHAEL J.DUBUQUE STAMPING & MFG. INC.
2-1482-1-4W/2-4
W/2-1-1-5-1-1-1 & 2-1-1 ML 324DUBUQUE STAMPING & MFG. INC.
HELLMER, GISELA5$ 6,589.73
1-1-148W/2-5-1-1-1-1 & & 2-1-1 ML 324TOTAL$7,184.22$5,725.22$170,357.93
HELLMER, GISELAFINAL QUANTITIES
2-149W/1-1-148PERU ROAD
GIBBS, LOIS E. & MARILYN J.RECONSTRUCTION PROJECT
2-1-148 $ 1.81QUANTITY
GIBBS, LOIS E. & MARILYN J.
1-149407.67$ 1,315.78AMOUNT EARNED
GIBBS, LOIS E. & MARILYN J.TO DATEUNITITEM
150W/1-149 UNIT COST
COYLE, THOMAS P.AMOUNT EARNED TO DATE
151$ 527.8321,282.00C.Y.Excavation, Unclassified
SHAFFER, MICHAEL J. &$ 3.95$ 84,063.90
CHRIS A. LUCHSINGERP.C.C. Concrete Pavement Class "C"
152$ 478.7825,081.34S.Y.8" w/Integral Curb
GABEL, ED & PATRICIA$ 18.85$472,783.26
153367.31$ 905.88Asphaltic Cement Concrete
GABEL, ED & PATRICIA932.14TonIntersections Headers
154$ 447.18$ 32.50$ 30,294.55
407Regular Session, December 19, 1994
Asphaltic Cement Concrete,$ 1.00$ 18,726.46
334.08TonDriveways & Fillets110.00L.F.Removal & Salvage of Fence
$ 32.50$ 11,182.60$ 2.50$ 275.00
11,658.11TonGranular Subbase785.60L.F.Removal, Storm Sewer Pipe
$ 7.10$ 82,771.58$ 5.80$ 4,556.48
18,774.10Ton3" Crushed Stone Base5.00EARemoval, Intakes
$ 6.75$126,725.18$ 180.00$ 900.00
36.00EachIntake, Single, 101-B189.90L.F.Curb & Gutter Remove & Replace
$ 1,050.00$ 37,800.00$ 15.50$ 2,943.45
3.00EachIntake, Single, 101-CMail Box/Newspaper Box Posts 29.90 EA
$ 1,550.00$ 4,650.00Temporary Relocate & Perm. Locate
388.50L.F.15" RCCP Storm Sewer$ 40.00$ 1,160.00
$ 22.00$ 8,547.002.00EARemoval, Driveway Bridge
797.50L.F.18" RCCP Storm Sewer$ 350.00$ 700.00
$ 24.00$ 19,140.001.00EARemoval, Sign Mastarm &
823.90L.F.24" RCCP Storm SewerFoundation$ 250.00$ 250.00
$ 32.00$ 26,364.80STARemoval of Field Fence
L.F.27" RCCP Storm Sewer$ 25.00$
$ 37.50STAField Fence, Type 47$ 180.00
94.50L.F.36" RCCP Storm Sewer1.00L.S.Pavement Markings $1,100.00$ 1,100.00
$ 50.00$ 4,725.0060.00EAAdjustment of Fixtures
117.00L.F.48" RCCP Storm Sewer$ 200.00$ 12,000.00
$ 80.50$ 9,418.5023.00EAManhole Frame & Covers, Replace
9.00EachAprons, 15" RCCP Storm Sewer$ 200.00$ 4,600.00
$ 300.00$ 2,700.0023.00EAWater Valve Box, Replace Upper
7.00EachAprons, 18" RCCP StormSection & Lids $ 90.00$ 2,070.00
Sewer $ 350.00$ 2,450.00841.30L.F.Sawcut Asphalt
15.00EachAprons, 24" RCCP Storm Sewer$ 2.00$ 1,682.60
$ 550.00$ 8,250.0038.70L.F.Sawcut Concrete
3.00Each Aprons, 36" RCCP Storm Sewer$ 3.00$ 116.10
$ 660.00$ 1,980.00349.00Gal.Prime or Tack Coat
1.00Each Aprons, 48" RCCP Storm Sewer$ 1.00$ 349.00
$ 770.00$ 770.006.00EALoop Detector
2971.26 TonsBackfill Limestone$ 400.00$ 2,400.00
$ 3.95$ 11,736.4825.00L.F.Conduit in Trench
159.15 TonsBedding Stone 1" Clean$ 11.25$ 281.25
.10$ 970.8255.00L.F.Electrical Cable
TonBedding Sand$ 4.05$ 0.82$ 45.10
13.93L.F.Manhole Sidewall 60" Dia.1.00EA Junction Box
$ 132.00$ 1,838.76$ 297.00$ 297.00
2.00EachManhole Base 60" Dia.2.17AcresSeeding, Fertilizing, Mulch
$ 350.00$ 700.00$ 1,850.00$ 4,014.50
2.00EachManhole Flat Top196.00Sqr.Wood Excelsior Mat
$ 235.00$ 470.00$ 10.56$ 2,069.76
3.00EachManhole Frame and Cover5906.00S.Y.Sodding
$ 325.00$ 975.00$ 3.95$ 23,328.70
11.00EachGuardrail, End Anchorage,2970.78TonRip-Rap 12"
Beam, RE-33A$ 9.75$ 28,965.11
$ 440.00$ 4,840.00Subdrain, Perforated Plastic Pipe
2.00EachGuardrail, End11617.50L.F.6" Diameter
Anchorage,Beam, RE-52$ 5.90$ 68,543.25
$ 400.00$ 800.001.00L.S.Cleaning & Grubbing, 15" to 18"
448.00EachGuardrail, Post, Wood$ 300.00$ 300.00
$ 40.00$ 17,920.001.00 L.S.Cleaning & Grubbing, 24" to 30"
2,843.75L.F.Guardrail, Formed Steel$ 500.00$ 500.00
Beam1.00 L.S.Cleaning & Grubbing (44+50 to
$ 6.00$ 17,062.5046+75 Rt.)
1,922.27S.F.P.C.C. Sidewalk, 4",$ 2,240.00$ 2,240.00
Remove & Repl.1.00 L.SCleaning & Grubbing (35+00 to
$ 1.87$ 3,594.6440+00 Rt.)
146.25S.F.P.C.C. Sidewalk, 6", Remove &$ 400.00$ 400.00
Repl.$ 2.40$ 351.001.00 L.S.Bridge Replacement
286.72S.Y.P.C.C. Driveway, 6" Remove &$ 92,000.00$ 92,000.00
Repl.$ 21.60$ 6,193.152.00L.S.Hydrant Relocation
518.00L.F.Removal of Guardrail$ 900.00$ 1,800.00
$ 2.00$ 1,036.00778.00L.F.Watermain 12"
No. OfP.C.C. Steps $ 100.00$ 28.50$ 22,173.00
1.00L.S.Traffic Control47.13L.F. Watermain 6"
$28,900.00$ 28,900.00$ 25.50$ 1,201.82
1,146.00L.F.Removal, Rock & Concrete818.70EAPoly Wrap Encasement
Curb$ 1.00$ 818.70
$ 2.00$ 2,292.003.00 L.F.Valves 6"
18,726.46S.Y.Removal, Ashpalt Pavement$ 410.00$ 1,230.00
Regular Session, December 19, 1994408
966.00Pd.FittingsENGINEERING$ 175,260.62
$ 2.00$ 1,932.00MISCELLANEOUS EXP.$ 17,550.94
2.00EAHydrants$1,594.896.52
$ 1,650.00$ 3,300.00LESS CITY SHARE($ 855,921.20)
Water Service LinesLESS SALES TAX($ 522,049.41)
14.00 EAStop Box, Corp., Tap, Install.ASSESSABLE AMOUNT$ 186,925.91
$ 265.00$ 3,710.00Council Member Nagle moved adoption of the
183.00L.F.Water Service Line, 3/4" PipeResolution. Seconded by Council Member
$ 10.25$ 1,878.83Nicholson. Carried by the following vote:
Sanitary Sewer Laterals Yeas—Mayor Duggan, Council Members
12.00EATap, Saddle, InstallationKluesner, Krieg, Nagle, Nicholson, Robbins,
$ 290.00$ 3,480.00Voetberg. Nays—None.
275.50 L.F.Sanitary Sewer Lateral 4" CIP
$ 15.25$ 4,201.38City Manager recommending approval of 1994
7.00EAGuardrail, Spec. Post Adapt.P.C. Concrete Paving Project, presented and read.
RE-37$ 190.00$ 1,330.00 Council Member Nagle moved that the
3.00EAGuardrail, End Anchorage, Beamcommunication be received and filed. Seconded
RE-2A$ 50.00$ 150.00by Council Member Robbins. Carried by the
2.00 EAGuardrail, End Anchorage, Beamfollowing vote: Yeas—Mayor Duggan, Council
RE-49Members Kluesner, Krieg, Nagle, Nicholson,
$100.00$ 200.00Robbins, Voetberg. Nays—None.
Extra Work
1.00 L.S.Extra Work 16" DIP S.W.S. Pipe;
RESOLUTION NO. 397-94
Install.ACCEPTING IMPROVEMENT
$ 871.00$ 871.00Whereas, the contract for the 1994 Portland
1.00 L.S.Street Waive Box MaterialsCement Concrete Paving Project has been
$ 179.59$ 179.59completed and the City Manager has examined the
1.00 L.S.Cleaning & Grubbing (Hawkeyework and filed his certificate stating that the same
North)$ 370.70$ 370.00has been completed according to the terms of the
1.00 L.S.Manhole Adjustment (Barrelcontract, plans and specifications and recommends
Section)$ 513.70$ 513.70it acceptance.
1.00L.S.Remove 48" Pipe SectionNOW THEREFORE, BE IT RESOLVED BY
$374.00$ 374.00THE CITY COUNCIL OF THE CITY OF
1.00 L.S.Repair Sideslope Failure (G.V.)DUBUQUE, IOWA:
$ 414.80$ 414.80Section 1. That the recommendation of the
2.00L.S.Intake 104-BCity Manager be approved and that said
$1,760.00$ 3,520.00improvement be and the same is hereby accepted.
600.00 L.F.Reinforcing Steel DrivewayBE IT FURTHER RESOLVED that the City
$ 0.27$ 162.00Treasurer be and he is hereby directed to pay to the
1.00 L.S.Manhole Sidewall 48" Dia.contractor from the Road Use Tax Fund and the
$1,928.91$ 1,928.91Street Construction Fund in amount equal to the
1.00 L.S.Wingwall Extension N. of Hawkeyeamount of his contract, less any retained
$5,992.42$ 5,992.42percentage provided for therein.
1.00 L.S. Concrete Culvert ExtensionPassed, approved and adopted this 19th day of
$16,447.15$ 16,447.15December, 1994.
1.00 L.S.Trash RackTerrance M. Duggan, Mayor
$ 1,272.75$ 1,272.75Attest:
1.00L.S.Insulation BoardMary A. Davis, City Clerk
$ 45.66$ 45.66Council Member Nagle moved adoption of the
1.00 L.S.K-CreteResolution. Seconded by Council Member
$ 1,161.60$ 1,161.60Robbins. Carried by the following vote:
1.00L.S.Concrete ReinforcementYeas—Mayor Duggan, Council Members
$ 1,389.64$ 1,389.64Kluesner, Krieg, Nagle, Nicholson, Robbins,
1.00L.S.PCC Junction ChamberVoetberg. Nays—None.
$ 3,116.19$ 3,116.19
1.00L.S.Area DrainsRESOLUTION NO. 398-94
$ 915.76$ 915.76
FINAL ESTIMATE
1.00 L.S.Box Culvert DrainWhereas, the contract for the 1994 Portland
$ 321.73$ 321.73Cement Concrete Paving Project has been
1.00 L.S.8" Concrete Pavement Remove &completed and the City Engineer has submitted his
Repl.final estimate showing the cost thereof including
$ 2,314.55$ 2,314.55the cost of estimates, notices and inspection and all
1.00 L.S.Price Adjustment on Guardrailmiscellaneous costs;
$ 404.00$ 404.00NOW THEREFORE, BE IT RESOLVED BY
1.00 L.S.Rip-rap ExcavationTHE CITY COUNCIL OF THE CITY OF
$ 741.40$ 741.40DUBUQUE, IOWA:
1.00 L.S.Remove & Replace Fire HydrantSection 1. That the cost of said improvement is
$ 426.80$ 426.80hereby determined to be $1,804,830.05 and the
1.00 L.S.Intake Repairsaid amount shall be paid from the Road Use Tax
$ 293.17$ 293.17Fund and the Street Construction Fund of the City
1.00 L.S. Concrete Spillwayof Dubuque, Iowa.
$ 390.23$ 390.23Section 2. That $305,738.57 of the cost
TOTAL CONTRACT $1,402,084.96thereof shall be assessable upon private property
409Regular Session, December 19, 1994
and $1,499,091.48 shall be paid from the Road
RELATING TO SUSPENSION OR
Use Tax Fund and the Street Construction Fund.REVOCATION OF UNIT OPERATING
Passed, approved and adopted this 19th day ofLICENSES; AMENDING SECTION 26-
December, 1994.7(a)(3) BY ADDING A NEW PARAGRAPH f.
Terrance M. Duggan, Mayor
RELATING TO ILLEGAL CONTINUING
Attest:OCCUPANCY BY TENANT; REPEALING
Mary A. Davis, City ClerkSECTION 26-8(c)(1) RELATING TO
Council Member Nagle moved adoption of the
MEMBERSHIP OF THE HOUSING CODE
Resolution. Seconded by Council Member
APPEALS BOARD AND ADOPTING IN
Robbins. Carried by the following vote:LIEU THEREOF A NEW PARAGRAPH (1)
Yeas—Mayor Duggan, Council MembersRELATING TO MEMBERSHIP OF THE
Kluesner, Krieg, Nagle, Nicholson, Robbins,
APPEALS BOARD; REPEALING SECTION
Voetberg. Nays—None. 26-10(b)(3)c. RELATING TO
REQUIREMENTS FOR BATHROOM
RESOLUTION NO. 399-94VENTILATION SYSTEMS AND ADOPTING
RESOLUTION APPROVINGIN LIEU THEREOF A NEW PARAGRAPH c.
PRELIMINARY SCHEDULERELATING TO REQUIREMENTS FOR
OF FINAL ASSESSMENTSBATHROOM VENTILATION SYSTEMS;
NOW, THEREFORE, BE IT RESOLVED BY
REPEALING SECTION 26-10(c)(3)e.
THE CITY COUNCIL OF THE CITY OFRELATING TO STANDARDS FOR CLASS
DUBUQUE, IOWA:B UNITS AND ADOPTING IN LIEU
That the attached sheets, 1 to 14 inclusive, areTHEREOF A NEW PARAGRAPH e.
hereby determined to be the preliminary schedule
RELATING TO SUPPLIED REFUSE
of proposed assessments for the 1994 P.C.CONTAINERS; REPEALING SECTION 26-
Concrete Paving Project and the valuations set out10(c)(3)f. RELATING TO SUPPLIED
herein are hereby approved.REFUSE CONTAINERS; AMENDING
Passed, approved and adopted this 19th day ofSECTION 26-10(h)(3) BY ADDING A NEW
December, 1994.PARAGRAPH e. RELATING TO
Terrance M. Duggan, MayorREQUIREMENTS FOR BATHROOM
Attest:VENTILATION SYSTEMS; REPEALING
Mary A. Davis, City ClerkSECTION 26-10(j)(3)b. RELATING TO
Council Member Nagle moved adoption of theTREATMENT OF EXTERIOR SURFACES
Resolution. Seconded by Council MemberAND ADOPTING IN LIEU THEREOF A
Robbins. Carried by the following vote:
NEW PARAGRAPH b. RELATING TO
Yeas—Mayor Duggan, Council MembersTREATMENT OF EXTERIOR SURFACES;
Kluesner, Krieg, Nagle, Nicholson, Robbins,REPEALING SECTION 26-10(j)(3)e.
Voetberg. Nays—None. RELATING TO DEFINITION OF
ELEVATED BLOOD LEVEL AND
City Manager submitting amendments to Ch.ADOPTING IN LIEU THEREOF A NEW
26, Residential Housing Code, presented and read.PARAGRAPH e. RELATING TO
Council Member Voetberg moved that theDEFINITION OF ELEVATED BLOOD
communication be received and filed. SecondedLEVEL; REPEALING SECTION 26-10(j)(3)f.
by Council Member Nicholson. Carried by theRELATING TO DEFINITION OF LEAD-
following vote: Yeas—Mayor Duggan, CouncilBASED PAINT AND ADOPTING IN LIEU
Members Kluesner, Krieg, Nagle, Nicholson,
THEREOF A NEW PARAGRAPH f.
Robbins, Voetberg. Nays—None. RELATING TO DEFINITION OF LEAD-
BASED PAINT; REPEALING SECTION 26-
An Ordinance Amending certain portions of10(n)(2) RELATING TO INSTALLATION
Ch. 26, Housing Regulations, presented and read.OF SMOKE DETECTORS AND ADOPTING
IN LIEU THEREOF A NEW PARAGRAPH
(OFFICIAL PUBLICATION)(2) RELATING TO INSTALLATION OF
SMOKE DETECTORS.
ORDINANCE NO. 71-94
NOW, THEREFORE, BE IT ORDAINED BY
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES, CITY OF DUBUQUE,THE CITY COUNCIL OF THE CITY OF
IOWA, CHAPTER 26, HOUSINGDUBUQUE, IOWA:
Section 1. Section 26-3(a)(1) of the City of
REGULATIONS, BY: REPEALING
Dubuque Code of Ordinances is hereby repealed,
SECTION 26-3(a)(1) RELATING TO THE
CREATION OF THE HOUSING SERVICESand the following new Section 26-3(a)(1) is hereby
adopted in lieu thereof:
DIVISION AND ADOPTING IN LIEU
(1)Creation of Housing Services Department.
THEREOF A NEW PARAGRAPH (1)
RELATING TO THE CREATION OF AThere is hereby created the Housing
HOUSING SERVICES DEPARTMENT;Services Department which shall be under
the administrative and operational control
REPEALING SECTION 26-6 RELATING TO
of the Housing Services Manager who is
PERFORMANCE OF WORK TO REPAIR
OR DEMOLISH AND ADOPTING IN LIEUhereby authorized and directed to
THEREOF A NEW SECTION 26-6administer and enforce all provisions of
this code.
RELATING TO PERFORMANCE OF
The Housing Services Manager shall be
WORK TO REPAIR OR DEMOLISH, AND
OTHER COSTS; REPEALING SECTION 26-appointed by and serve at the pleasure of
the City Manager.
7(a)(3)e. RELATING TO APPEALS OF
The City Council shall provide the
SUSPENSION OR REVOCATION OF UNIT
Housing Services Manager with the
OPERATING LICENSES AND ADOPTING
IN LIEU THEREOF A NEW PARAGRAPH e.number of employees as shall be
Regular Session, December 19, 1994410
necessary for the administration of theCity Council for terms of three (3) years.
code.All terms of office shall expire on the
Section 2. Section 26-6 of the City of Dubuqueeleventh day of January in their respective
Code of Ordinances is hereby repealed, and theyears.
following new Section 26-6 is hereby adopted inReasonable efforts should be made to
lieu thereof:obtain representation of both tenant and
SECTION 26-6. PERFORMANCE OFlandlord interests in the appointment
WORK TO REPAIR OR DEMOLISH; OTHERprocess.
COSTS.Section 6. Section 26-10(b)(3)c. of the City of
(a)General. When any repair or demolitionDubuque Code of Ordinances is hereby repealed,
of a property or relocation of tenants isand the following new Section 26-10(b)(3)c. is
deemed necessary by the Housing Officerhereby adopted in lieu thereof:
pursuant to section 26-5, the officer mayc.The required bathroom shall have at least
attempt to procure repair or demolition ofone (1) openable window or other
the property or relocation of tenants atadequate exhaust ventilation which must
City expense.vent to the outside of the building.
(b)Recovery of Costs. Whenever a cost toSection 7. Section 26-10(c)(3)e. of the City of
repair, abate or demolish a property whichDubuque Code of Ordinances is hereby repealed,
violates this code is incurred by the City,and the following new Section 26-10(c)(3)e. is
or whenever a cost to relocate tenantshereby adopted in lieu thereof:
from a property in violation of this code ise.Duplex and multiple unit dwellings shall
incurred by the City, the Housing Officerhave supplied garbage and refuse
shall prepare and certify the actual cost tocontainers. Occupants of single-unit
the City Clerk who, in turn, shall certifydwellings shall be responsible for
such cost to the County Treasurer, and itfurnishing containers.
shall then constitute a lien against saidSection 8. Section 26-10(c)(3)f. of the City of
property and be collected with and in theDubuque Code of Ordinances is hereby repealed.
same manner as general taxes on saidSection 9. Section 26-10(h)(3) of the City of
property.Dubuque Code of Ordinances is hereby amended
Such costs shall not be certified if theyby adding the following new Section 26-
were the result of the tenant's misconduct.10(h)(3)e.:
Section 3. Section 26-7(a)(3)e. of the City ofe.Bathroom windows and other bathroom
Dubuque Code of Ordinances is hereby repealed,ventilation systems must vent to the
and the following new Section 26-7(a)(3)e. isoutside of the building.
hereby adopted in lieu thereof:Section 10. Section 26-10(j)(3)b. of the City of
e.Appeal by the licensee to the HousingDubuque Code of Ordinances is hereby repealed,
Code Appeals Board from a decision ofand the following new Section 26-10(j)(3)b. is
the Housing Officer may be taken byhereby adopted in lieu thereof:
delivering within fourteen (14) days fromb.All exterior painted surfaces shall be free
the date of receipt of the notice offrom loose, flaking or peeling paint; all
suspension or revocation, a written noticeexterior wood surfaces shall be treated as
of appeal to the Housing Officer. Theper subsection (g)(3)e. of this section.
Housing Officer shall notify the licenseeSection 11. Section 26-10(j)(3)e. of the City of
in writing of the time and place forDubuque Code of Ordinances is hereby repealed,
hearing the appeal. At any hearing, theand the following new Section 26-10(j)(3)e. is
burden of proof shall be on the Housinghereby adopted in lieu thereof.
Officer to sustain the suspension ore.Definition of Elevated Blood Level. A
revocation. The licensee may presentconfirmed concentration of lead in whole
evidence at the hearing as to why theblood of twenty (20) ug/dl (micrograms of
license should not be suspended orlead per deciliter of whole blood) or
revoked. The Appeals Board maygreater for a single test; or of 15-19 ug/dl
reverse, modify or affirm the decision ofin two consecutive tests several months
the Housing Officer.apart.
Section 4. Section 26-7(a)(3) of the City ofSection 12. Section 26-10(j)(3)f. of the City of
Dubuque Code of Ordinances is hereby amendedDubuque Code of Ordinances is hereby repealed,
by adding the following new Section 26-and the following new Section 26-10(j)(3)f. is
7(a)(3)(f).:hereby adopted in lieu thereof:
f.The Housing Officer shall give writtenf.Definition of Lead-Based Paint. A paint
notice of the suspension or revocation ofsurface, whether or not defective,
the license to each tenant, requiring theidentified as having a lead content greater
tenant to vacate the premises within suchthan or equal to one mg/cm (milligrams
2
period as the Housing Officer shallper centimeter squared) as identified by X-
determine.ray fluorescence analyzer; or 0.5 percent
Any tenant who fails to vacate theby weight; or 5000 parts per million
premises after such time shall be guilty of(ppm).
a misdemeanor.Section 13. Section 26-10(n)(2) of the City of
Section 5. Section 26-8(c)(1) of the City ofDubuque Code of Ordinances is hereby repealed,
Dubuque Code of Ordinances is hereby repealed,and the following new Section 26-10(n)(2) is
and the following new Section 26-8(c)(1) is herebyhereby adopted in lieu thereof:
adopted in lieu thereof:(2)Installation of smoke detectors shall not
(1)The Housing Code Appeals Board shallbe required in crawl spaces. Installation
be comprised of a membership of sevenof smoke detectors in attics shall be
(7) persons who shall be appointed by therequired only where occupancy of the attic
411Regular Session, December 19, 1994
is allowed according to provisions of this
CONNECTIONS TO PUBLIC SEWER;
code.BY REPEALING SECTION 44-19
Section 14. This ordinance shall take effectESTABLISHING THE TIME WHEN THE
immediately upon publication.CONNECTIONS ARE REQUIRED TO BE
Passed, approved and adopted this 19th day of
MADE AND ADOPTING IN LIEU
December, 1994.THEREOF A NEW SECTION 44-19
Terrance M. Duggan, MayorESTABLISHING A TIME WHEN
Attest:
CONNECTIONS ARE REQUIRED TO BE
Mary A. Davis, City Clerk
MADE; BY REPEALING SECTION 44-51
Published officially in the Telegraph HeraldPROVIDING FOR THE PERMIT AND
newspaper this 3rd day of January, 1995.APPLICATION FOR CONSTRUCTION
1t 1/3Mary A. Davis, City ClerkOF A PRIVATE SEWAGE DISPOSAL
Council Member Voetberg moved that theSYSTEM AND ADOPTING IN LIEU
requirement that a proposed Ordinance beTHEREOF A NEW SECTION 44-51
considered and voted on for passage at twoPROVIDING FOR THE PERMIT AND
Council Meetings prior to the meeting at which itAPPLICATION FOR CONSTRUCTION
is to be finally passed be suspended. Seconded byOF A PRIVATE ON-SITE SEWAGE
Council Member Nicholson. Carried by theTREATMENT AND DISPOSAL
following vote: Yeas—Mayor Duggan, Council
SYSTEM; BY REPEALING SECTION 44-
Members Kluesner, Krieg, Nagle, Nicholson,52 PROVIDING FOR THE ISSUANCE OF
Robbins, Voetberg. Nays—None. A PERMIT FOR A PRIVATE SEWAGE
Council Member Voetberg moved finalDISPOSAL SYSTEM AND ADOPTING IN
consideration and passage of the Ordinance.
LIEU THEREOF A NEW SECTION 44-52
Seconded by Council Member Nicholson. CarriedPROVIDING FOR THE ISSUANCE OF A
by the following vote: Yeas—Mayor Duggan,PERMIT AND INSPECTION FOR A
Council Members Kluesner, Krieg, Nagle,PRIVATE ON-SITE SEWAGE
Nicholson, Robbins, Voetberg. Nays—None. TREATMENT AND DISPOSAL
SYSTEM; BY REPEALING SECTION 44-
City Manager submitting an Ordinance53 PROVIDING FOR THE
changing public Sanitary Sewer connections,REQUIREMENTS FOR PRIVATE
presented and read. Council Member VoetbergDISPOSAL SYSTEMS AND ADOPTING
moved that the communication be received andIN LIEU THEREOF A NEW SECTION
filed. Seconded by Council Member Nicholson.44-53 PROVIDING FOR THE
Carried by the following vote: Yeas—Mayor
REQUIREMENTS FOR PRIVATE ON-
Duggan, Council Members Kluesner, Krieg,SITE SEWAGE TREATMENT AND
Nagle, Nicholson, Robbins, Voetberg.DISPOSAL SYSTEMS; BY REPEALING
Nays—None. SECTION 44-54 PROVIDING THAT
PRIVATE DISPOSAL FACILITIES
An Ordinance Amending certain portions ofSHALL NOT BE AN EXPENSE TO THE
Section 44 of the City Code regarding connectionsCITY AND ADOPTING IN LIEU
to Public Sewers, presented and read. THEREOF A NEW SECTION 44-54
PROVIDING THAT PRIVATE ON-SITE
(OFFICIAL PUBLICATION)SEWAGE TREATMENT AND DISPOSAL
ORDINANCE NO. 72 - 94SYSTEMS SHALL BE AT NO EXPENSE
AN ORDINANCE AMENDING THETO THE CITY; BY REPEALING
CITY OF DUBUQUE CODE OFSECTION 44-55 PROVIDING FOR THE
ORDINANCES BY REPEALINGABANDONMENT OF PRIVATE
DISPOSAL SYSTEMS AND ADOPTING
SECTION 44-14 REQUIRING
CONNECTION TO PUBLIC SEWERIN LIEU THEREOF A NEW SECTION
AND ADOPTING IN LIEU THEREOF A44-55 PROVIDING FOR THE
NEW SECTION 44-14 REQUIRINGABANDONMENT OF PRIVATE ON-
SITE TREATMENT AND DISPOSAL
CONNECTION TO PUBLIC SEWER; BY
REPEALING SECTION 44-15SYSTEMS; BY REPEALING SECTION
ALLOWING CERTAIN EXCEPTIONS44-56 PROVIDING FOR THE
TO CONNECTION TO PUBLIC SEWERAUTHORITY OF THE CITY MANAGER
TO ENTER PRIVATE PROPERTY FOR
AND ADOPTING IN LIEU THEREOF A
NEW SECTION 44-15 ALLOWINGTHE PURPOSES OF INSPECTING AND
CERTAIN EXCEPTIONS FOR THETESTING AND ADOPTING IN LIEU
THEREOF A NEW SECTION 44-56
REQUIRED CONNECTION TO PUBLIC
SANITARY SEWER; BY REPEALINGPROVIDING FOR THE AUTHORITY OF
SECTION 44-17 REQUIRINGTHE CITY MANAGER TO ENTER
CONNECTION PRIOR TO IMPROVINGPRIVATE PROPERTY FOR THE
PURPOSE OF INSPECTING AND
STREETS AND ADOPTING IN LIEU
THEREOF A NEW SECTION 44-17TESTING; BY REPEALING SECTION
REQUIRING CONNECTION PRIOR TO44-57 PROVIDING FOR THE
IMPROVING CITY STREETS; BYAUTHORITY OF THE CITY MANAGER
IF ENTRY TO PREMISES IS REFUSED
REPEALING SECTION 44-18
REQUIRING NOTICE TO PROPERTYAND ADOPTING IN LIEU THEREOF A
OWNERS OF REQUIREDNEW SECTION 44-57 PROVIDING FOR
THE AUTHORITY OF THE CITY
CONNECTIONS AND ADOPTING IN
LIEU THEREOF A NEW SECTION 44-18MANAGER IF PERMISSION TO ENTER
PROVIDING FOR NOTICE TOTHE PREMISES FOR INSPECTION IS
PROPERTY OWNERS OF REQUIREDREFUSED; BY REPEALING SECTION
Regular Session, December 19, 1994412
Section 5. Sec. 44-19 of the City of Dubuque
44-59 PROVIDING FOR APPEALS
FROM ORDERS OF THE CITYCode of Ordinances is hereby repealed and the
MANAGER AND ADOPTING IN LIEUfollowing new Sec. 44-19 adopted in lieu thereof:
THEREOF A NEW SECTION 44-59Sec. 44-19. When completion is required.
The resolution passed by the council pursuant
PROVIDING FOR APPEALS FROM
ORDERS OF THE CITY MANAGER.to section 44-17 and the notice that is served upon
NOW THEREFORE BE IT ORDAINED BYthe property owner shall prescribe the time within
THE CITY COUNCIL OF THE CITY OFwhich connections are to be made with such mains
DUBUQUE, IOWA:as herein provided for, and the notice shall be final
Section 1. Sec. 44-14 of the City of Dubuqueunless the time is extended by the city council
Code of Ordinances is hereby repealed and theupon application made therefor.
following new Sec. 44-14 adopted in lieu thereof:Section 6. Sec. 44-51 of the City of Dubuque
Sec. 44-14. Connection to public sewer-Code of Ordinances is hereby repealed and the
Required.following new Sec. 44-51 adopted in lieu thereof:
The owner of any house, building, or propertySec. 44-51. Permit required; application, form,
used for human occupancy, employment,and fee for permit.
recreation, or other purposes, situated within the(a) Before construction of a private on-site
city and abutting on any street, alley, right-of-waysewage treatment and disposal system he owner
or easement in which there is now located, or mayshall first apply to the City Manager for a written
in the future be located, within two hundred (200)permit.
feet of the property line thereof, a public sanitary(b) The application for such permit shall be
sewer of the city, is hereby required at the owner'smade on a form furnished by the city, and shall
expense to install and to connect such facilitiesinclude the following:
directly with the proper public sewer, in(1) A plan by a registered professional
accordance with the provisions of Ch. 27 of theengineer detailing the location and design of the
Code of Ordinances requiring the making ofseptic tank and secondary treatment system;
connections with sanitary sewers and providing for(2) The location of any well or water
the manner of making such connections.distribution system within two hundred (200) feet
Section 2. Sec. 44-15 of the City of Dubuqueof the property line;
Code of Ordinances is hereby repealed and the(3)The name of the person who will do
following new Sec. 44-15 adopted in lieu thereof:the work;
Sec. 44-15. Exception.(4)Percolation test results and an
Where a public sanitary sewer is not availableengineering evaluation of the soil
under the provisions of section 44-31 herein, theconditions by a registered professional
building sewer shall be connected to a private on-engineer in the State of Iowa; and
site sewage treatment and disposal system(5) Such other information as may be
complying with the provisions of Division 3 of thisrequested by the City Manager, and as
article. required by Chapter 69 of the Iowa
Section 3. Sec. 44-17 of the City of DubuqueAdministrative Code.
Code of Ordinances is hereby repealed and the(c) The application form shall state that
following new Sec. 44-17 adopted in lieu thereof:the issuance
Sec. 44-17. Connection prior to improvingof said installation permit is conditioned upon
streets-City's authority to require.the applicant complying with all provisions of this
Before any street, highway, avenue, alley ordivision and shall specifically state as follows:
public ground is permanently improved, the cityBy acceptance of a permit, the property owner
council, by the passage of a resolution, mayagrees that when a public sewer is constructed
require connections from sewer mains to be madewithin two hundred (200) feet of the property line,
by the owners of abutting property to the curblinethe building sewer shall be connected to said sewer
of such property, and a notice of such requirementswithin three hundred sixty-five (365) days from the
shall be given to the property owners as provideddate of written notification by the city manager and
for in section 44-18.the private on-site sewage treatment and disposal
Section 4. Sec. 44-18 of the City of Dubuquesystem abandoned in accordance with section 44-
Code of Ordinances is hereby repealed and the55(b) of the City of Dubuque Code of Ordinances.
following new Sec. 44-18 adopted in lieu thereof:
Sec. 44-18. Notice to owners.(d) A permit and inspection fee of one hundred
As soon as the resolution requiring connectionsdollars ($100.00) shall be paid to the city at the
to the sewer mains to be made as provided for intime the application is filed.
section 44-17 is passed and adopted by the citySection 7. Sec. 44-52 of the City of Dubuque
council, a written notice shall be served upon eachCode of Ordinances is hereby repealed and the
person owning property along the street, avenue orfollowing new Sec. 44-52 adopted in lieu thereof:
alley proposed to be improved, which notice shallSec. 44-52. Issuance of permit; inspection and
order such property owner to make connections tocompletion of installation as prerequisites to
the curbline with sewer mains located in sucheffectiveness.
streets, and thereupon it shall be the duty of theIf the City Manager, after an inspection of the
owners of such property to comply with suchpremises and plans, shall find:
notice. The notice shall prescribe whether or not(1)That the location and design is in
more than one connection is required to be madeaccordance with the regulations of the Iowa
and the description of the lot or parcel of real estateDepartment of Natural Resources and the City of
to which the same is to be made and, in eachDubuque;
instance, such owner shall be advised of the(2)That the disposal system is adequate for
number of connections that are required to bethe premises to be served;
made. (3)That it is not likely to create a nuisance to
abutting property; and
413Regular Session, December 19, 1994
(4) That there is no public sewer within twomust have received a construction permit from the
hundred (200) feet of the property line, the CityCity Manager prior to installation. If the City
Manager shall issue a permit therefor, and adviseManager cannot determine that the system is in
the plumbing inspector and the health servicescompliance with Chapter 69 of the Iowa
division. The permit for a private on-site sewageAdministrative code, connection shall be made to
treatment and disposal system shall not becomethe sanitary sewer.
effective until the installation is completed to the(b)Notwithstanding the foregoing, no private
satisfaction of the City Manager. The Cityon-site sewage treatment and disposal system shall
Manager shall be allowed to inspect the work atbe permitted to operate for more than fifteen (15)
any stage of construction, and in any event, theyears, and at any time the City Manager
applicant for the permit shall notify the Citydetermines the system is no longer adequate,
Manager when the work is ready to commence,connection to the sanitary sewer shall be made.
and before any underground portions are covered.Section 11. Sec. 44-56 of the City of Dubuque
The inspection shall be made within twenty-fourCode of Ordinances is hereby repealed and the
(24) hours, exclusive of Saturdays, Sundays andfollowing new Sec. 44-56 adopted in lieu thereof:
holidays, of the receipt of notice by the CitySection 44-56. Authority of City Manager to
Manager. enter private property for purposes of inspection
Section 8. Sec. 44-53 of the City of Dubuqueand testing; authority in event of extreme hazard.
Code of Ordinances is hereby repealed and the(a)The City Manager shall have the right,
following new Sec. 44-53 adopted in lieu thereof:during reasonable hours and upon the consent of
Sec. 44-53. Connections to private on-sitethe occupant, to enter any building or premises in
sewage treatment and disposal systems to conformthe discharge of the City Manager's official duties
with city and state rules and regulations; additionalto make any inspection, reinspection or test that is
requirements.reasonably necessary to protect health, safety and
(a) Notwithstanding the provisions of thiswelfare. Where the building or premises is
division, no private sewage treatment and disposalunoccupied, the consent of the owner shall be
system shall be connected to any house drainageobtained.
system except in accordance with the provisions of(b)If the City Manager has reasonable cause
Chapter 37 of the Code of Ordinances.to believe that any private on-site sewage treatment
(b) The type, capacities, location, and layout ofand disposal system constitutes a hazard to persons
a private on-site sewage treatment and disposalor property, the City Manager shall have the right
system shall conform with all requirements of theto enter immediately and inspect such system and
Iowa Department of Natural Resources and themay use any reasonable means required to effect
City of Dubuque.such entry and make such inspection, whether such
(c)No permit shall be issued for any privateproperty be occupied or unoccupied, and whether
on-site sewage treatment and disposal systemor not permission to inspect has been obtained.
employing subsurface soil absorption facilitiesSection 12. Sec. 44-57 of the City of Dubuque
where the area of the lot is less than fifteenCode of Ordinances is hereby repealed and the
thousand (15,000) square feet.following new Sec. 44-57 adopted in lieu thereof:
(d) No septic tank or cesspool shall beSec. 44-57. Remedy of City Manager if
permitted to discharge to any natural outlet.refused entry to premises for purposes of
(e)No requirement of this article shallinspection.
supersede any additional requirements that may beIn the event the City Manager, in proceeding to
imposed by the City of Dubuque Healthenter any premises for the purpose of making an
Department.inspection to carry out the provisions of this
Section 9. Sec. 44-54 of the City of Dubuqueregulation, shall be refused entry, legal
Code of Ordinances is hereby repealed and theproceedings may be commenced to compel such
following new Sec. 44-54 adopted in lieu thereof:entry.
Sec. 44-54. Private disposal facilities not to beSection 13. Sec. 44-59 of the City of Dubuque
expense to city.Code of Ordinances is hereby repealed and the
The owner shall operate and maintain thefollowing new Sec. 44-59 adopted in lieu thereof:
private on-site sewage treatment and disposalSec. 44-59. Appeals from orders of City
system in a sanitary manner at all times, at noManager.
expense to the city.Any person aggrieved by any order made by the
Section 10. Sec. 44-55 of the City of DubuqueCity Manager shall have the right to appeal to the
Code of Ordinances is hereby repealed and theCity Council by filing a written notice of such
following new Sec. 44-55 adopted in lieu thereof:appeal with the City Clerk within ten (10) days of
Sec. 44-55. Abandonment of private on-sitethe date of such order. If such a notice is filed, the
sewage treatment and disposal system uponCity Council shall set a time and place for a
availability of public sewer.hearing, and notify the party. The notice of the
(a)When a public sewer is constructed withinhearing shall be sent by the City Clerk by certified
two hundred (200) feet of the property line, themail. The City Council may affirm, reverse, or
building sewer shall be connected to said sewermodify such order.
within three hundred and sixty-five (365) daysPassed, approved and adopted this 19th day of
from date of written notification by the CityDecember, 1994.
Manager, and the private on-site sewage treatmentTerrance M. Duggan, Mayor
and disposal system abandoned in accordance withAttest:
section 44-55(b) herein. However, the propertyMary A. Davis, City Clerk
shall not be required to connect to the public sewerPublished officially in the Telegraph Herald
if construction plans for the private on-site sewagenewspaper this 3rd day of January, 1995.
treatment and disposal system are available and the1t 1/3Mary A. Davis, City Clerk
system meets the provisions of Chapter 69 of the
Council Member Voetberg moved that the
Iowa Administrative Rules Code. The systemrequirement that a proposed Ordinance be
Regular Session, December 19, 1994414
considered and voted on for passage at twoKluesner, Krieg, Nagle, Nicholson, Robbins,
Council Meetings prior to the meeting at which itVoetberg. Nays—None.
is to be finally passed be suspended. Seconded byRESOLUTION NO. 401-94
Council Member Nicholson. Carried by theWhereas, applications for Liquor Licenses have
following vote: Yeas—Mayor Duggan, Councilbeen submitted to this Council for
Members Kluesner, Krieg, Nagle, Nicholson,approval and the same have been examined and
Robbins, Voetberg. Nays—None. approved; and
Council Member Voetberg moved finalWhereas, the premises to be occupied by such
consideration and passage of the Ordinance. applicants were inspected and found to
Seconded by Council Member Nicholson. Carriedcomply with the State Law and all City Ordinances
by the following vote: Yeas—Mayor Duggan,relevant thereto and they have filed
Council Members Kluesner, Krieg, Nagle,proper bonds.
Nicholson, Robbins, Voetberg. Nays—None. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
City Manager recommending that a SpecialDUBUQUE, IOWA:
Census be authorized and a RESOLUTIONThat the Manager be authorized to cause to be
Authorizing an Agreement with the U.S. Censusissued the following named applicants
Bureau to conduct a Special Census of the City ofa Liquor License.
Dubuque and Authorizing the Mayor to executeCLASS "B" (HOTEL/MOTEL)
Said Agreement, presented and read. CouncilBEER AND LIQUOR LICENSE
Member Voetberg moved to receive and file theDesign Center, IncJulien Inn
communication and to adopt the Resolution.+ (Sunday Sales)200 Main St
Seconded by Council Member Krieg. Carried byKinseth Hotel Corp.Holiday Inn Five Flags
the following vote: Yeas—Council Member+ (Sunday Sales)450 Main St
Krieg. Nays—Mayor Duggan, Council Members(Outdoor Service)
Kluesner, Nagle, Nicholson, Robbins, Voetberg.CLASS "C" (COMMERCIAL)
MOTION FAILED.BEER AND LIQUOR LICENSE
Moracco IncThe Moracco
City Manager submitting study of Boards and+ (Sunday Sales)1413 Rockdale Rd
Commissions survey and requesting a WorkKim & Denise BrestrupA & B Tap
Session on Monday, January 23, 1995, presented2600 Central Ave
and read. Council Member Voetberg moved that
the communication be received and filed andDavid H. Hoffman
commit to the Work Session on January 23, 1995White House Tap450 W Locust St
at 4:30 p.m. Seconded by Council MemberPassed, approved and adopted this 19th day of
Nagle. Carried by the following vote:December, 1994.
Yeas—Mayor Duggan, Council MembersTerrance M. Duggan, Mayor
Kluesner, Krieg, Nagle, Nicholson, Robbins,Attest:
Voetberg. Nays—None. Mary A. Davis, City Clerk
Council Member Kluesner moved adoption of
RESOLUTION NO. 400-94the Resolution. Seconded by Council Member
Whereas, applications for Beer Permits haveRobbins. Carried by the following vote:
been submitted and filed to this Council forYeas—Mayor Duggan, Council Members
approval and the same have been examined andKluesner, Krieg, Nagle, Nicholson, Robbins,
approved; and Voetberg. Nays—None.
Whereas, the premises to be occupied by suchZoning Commission advising of approval to
applicants were inspected and found to complyrezoning property south of North Cascade Road by
with the Ordinances of this City and have filedCedar Cross Road and Fremont Ave. from AG and
proper bonds.R-2 to R-3, presented and read. Council Member
NOW, THEREFORE, BE IT RESOLVED BYVoetberg moved that the communication be
THE CITY COUNCIL OF THE CITY OFreceived and filed. Seconded by Council Member
DUBUQUE, IOWA:Kluesner. Carried by the following vote:
That the Manager be authorized to cause to beYeas—Mayor Duggan, Council Members
issued the following named applicants a BeerKluesner, Krieg, Nagle, Nicholson, Robbins,
Permit.Voetberg. Nays—None.
CLASS "B" BEER PERMITAn Ordinance Amending the Zoning Map by
Local 94, UAWLocal 94 UAWreclassifying property located south of N. Cascade
+ Sunday Sales3450 CentralRoad by Cedar Cross Road and Fremont Avenue
CLASS "C" BEER PERMITfrom AG Agricultural District and R-2 Two-
Rainbo Oil CompanyKwik Stop Food MartFamily Residential District to R-3 Multi-Family
+ Sunday Sales2320 Hwy 61Residential District, presented and read. Council
Molo Oil CompanyBig 10 MartMember Voetberg moved that a Public Hearing be
+ Sunday Sales9th & Centralheld on the proposed Ordinance on the 3rd day of
Passed, approved and adopted this 19th day ofJanuary, 1995, at 7:30 o'clock p.m. at the Public
December,1994Library Auditorium and that the City Clerk be
Terrance M. Duggan, Mayordirected to publish notice in the manner prescribed
by law. Seconded by Council Member Kluesner.
Attest: Carried by the following vote: Yeas—Mayor
Mary A Davis, City ClerkDuggan, Council Members Kluesner, Krieg,
Council Member Kluesner moved adoption ofNagle, Nicholson, Robbins, Voetberg.
the Resolution. Seconded by Council MemberNays—None.
Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
415Regular Session, December 19, 1994
Zoning Commission advising of approval toby law. Seconded by Council Member Nicholson.
rezone property at the rear portion of 98 E. 4th St. Carried by the following vote: Yeas—Mayor
and the surrounding property from CR to CS toDuggan, Council Members Kluesner, Krieg,
allow the establishment of a freight transferNagle, Nicholson, Robbins, Voetberg.
warehousing facility and associated parking,Nays—None.
presented and read. Council Member VoetbergZoning Commission advising of approval of a
moved that the communication be received andtext amendment to Amend Section 8, Definitions
filed. Seconded by Council Member Kluesner.for Business Service to include Photographic
Carried by the following vote: Yeas—MayorStudies, requested by Greg Nauman, presented and
Duggan, Council Members Kluesner, Krieg,read. Council Member Voetberg moved that the
Nagle, Nicholson, Robbins, Voetberg.communication be received and filed. Seconded
Nays—None. by Council Member Nicholson. Carried by the
An Ordinance Amending the Zoning Map byfollowing vote: Yeas—Mayor Duggan, Council
reclassifying property located at 98 E. 4th St. fromMembers Kluesner, Krieg, Nagle, Nicholson,
CR Commercial Recreation District to CSRobbins, Voetberg. Nays—None.
Commercial Service and Wholesale District,An Ordinance Amending the Zoning Ordinance
presented and read. Council Member Voetbergby repealing Section 8 Definitions and adopting
moved that a Public Hearing be held on theSection 8 Definitions in Lieu thereof pertaining to
proposed Ordinance on the 3rd day of January,Business Services, to include Photographic
1995, at 7:30 o'clock p.m. at the Public LibraryStudios, presented and read. Council Member
Auditorium and that the City Clerk be directed toVoetberg moved that a Public Hearing be held on
publish notice in the manner prescribed by law. the proposed Ordinance on the 3rd day of January,
Seconded by Council Member Kluesner. Carried1995, at 7:30 o'clock p.m. at the Public Library
by the following vote: Yeas—Mayor Duggan,Auditorium and that the City Clerk be directed to
Council Members Kluesner, Krieg, Nagle,publish notice in the manner prescribed by law.
Nicholson, Robbins, Voetberg. Nays—None. Seconded by Council Member Nicholson. Carried
by the following vote: Yeas—Mayor Duggan,
Zoning Commission advising of approval toCouncil Members Kluesner, Krieg, Nagle,
amend the PR Planned Residential Dis. to allow 49Nicholson, Robbins, Voetberg. Nays—None.
Dwelling Units on a Private Street, west of
Windsor Ave. and East of Liberty Street, asThere being no further business, Council
requested by the Dubuque Housing, presented andMember Voetberg moved to adjourn the meeting.
read. Council Member Voetberg moved that theSeconded by Council Member Nagle. Carried by
communication be received and filed. Secondedthe following vote: Yeas—Mayor Duggan,
by Council Member Nicholson. Carried by theCouncil Members Kluesner, Krieg, Nagle,
following vote: Yeas—Mayor Duggan, CouncilNicholson, Robbins, Voetberg. Nays—None.
Members Kluesner, Krieg, Nagle, Nicholson,Meeting adjourned at 9:08 p.m.
Robbins, Voetberg. Nays—None.
An Ordinance Amending the Zoning Map byMary A. Davis CMC
amending the Conceptual Development Plan forCity Clerk
property west of Windsor Ave. and East of Liberty
Street located in a PR Planned Residential Dis.,
presented and read. Council Member Voetberg
moved that a Public Hearing be held on the
proposed Ordinance on the 3rd day of January,
1995, 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 Nicholson. Carried
by the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Zoning Commission advising of approval of a
text amendment to amend Section 4-3.5 Sign
Regulations in Regard to Political signs, which
amendment would coincide with the Iowa
Legislature regulations, 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 Amending the Zoning Ordinance
by repealing Section 4-3.5(C) and adopting a New
Section 4-3.5(C) in lieu thereof pertaining to
Political Signs, presented and read. Council
Member Voetberg moved that a Public Hearing be
held on the proposed Ordinance on the 3rd day of
Approved ______________________, 1995.
January, 1995, at 7:30 o'clock p.m. at the Public
Library Auditorium and that the City Clerk be
Adopted _______________________, 1995.
directed to publish notice in the manner prescribed
Regular Session, December 19, 1994416
____________________________________
Mayor
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Council Members
Attest:
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City Clerk