1994 May Council Proceedings135Board of Health, May 2, 1994
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
CITY OF DUBUQUE
There being no further business, Board Member
Krieg moved to adjourn. Seconded by Board
BOARD OF HEALTH
Member Nagle. Carried by the following vote:
Yeas—Chairperson Duggan, Board Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
QUARTERLY
Voetberg. Nays—None. Board of Health meeting
MEETING
adjourned at
7:28 p.m.
Karen M. Chesterman
Special Board of Health Meeting, May 2, 1994
Deputy Secretary, Board of Health
Board met at 7:25 p.m., Public Library
Auditorium
Approved ______________________, 1995.
Present: Chairperson Duggan, Board Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Adopted _______________________, 1995.
Voetberg.
____________________________________
Chairperson Duggan read the call and stated
Chairperson
this is a Special Session of the Board of Health
called for the purpose to act upon such business
____________________________________
which may properly come before the Board.
Communication of City Manager requesting
____________________________________
Board of Health Chairperson be authorized to
execute documents related to the FY '95 State
____________________________________
Funds for public health nursing services, 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.
Board Members
2-94
A RESOLUTION APPROVING ANDAttest:
AUTHORIZING THE BOARD OF HEALTH
CHAIRPERSON OR HIS DESIGNEE TO
____________________________________
SIGN AN APPLICATION WITH THE IOWA
Secretary, Board of Health
DEPARTMENT OF PUBLIC HEALTH FOR
FUNDING OF A PUBLIC HEALTH
NURSING PROGRAM AND TO EXECUTE
THE FINAL CONTRACT.
Whereas, the Iowa Department of Public
Health has offered to provide financial support for
public health nursing for low income persons in the
City of Dubuque; and
Whereas, the Iowa Department of Public
Health will present to the City Health Services
Division a contract for funding of the project.
NOW, THEREFORE, BE IT RESOLVED BY
THE BOARD OF HEALTH OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Public Health
Nursing grant application between the Iowa
Department of Public Health and the City of
Dubuque, Iowa is hereby approved.
Section 2. That the City Manager or his
designee is hereby authorized and directed to
execute the contract for the funding on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this 2nd day of
May, 1994.
Terrance M. Duggan, Chairperson
Attest:
Karen M. Chesterman, Deputy 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
Regular Session, May 2, 1994136
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
DUBUQUE
Developer Allen Israel and Ken Buesing gave
specifics of proposed developed and requested
CITY COUNCIL
approval.
Brian Kane, Attorney for 30 neighbors, David
Harris of 1050 Valentine, Everett Flynn of 1040
OFFICIAL
Valentine, Gary Meyer of 955 Valentine, John
Ewoldt of 1020 Valentine, Chuck Juergens of
PROCEEDINGS
1030 Valentine, Jerome Schroeder of 1544
Geraldine, Tom Bauer, 905 Valentine, Dennis
Troessel, 970 Valentine, Rudy Bellman of 1000
Regular Session, Monday, May 2, 1994
Richards Road, Eldon Hefel of 990 Valentine, and
Council Met at 7:30 p.m. Public Library
Bob Warner of 1035 Valentine, all objected to this
Auditorium
rezoning which would allow heavier residential
Present: Mayor Duggan, Council Members
development which would increase traffic and also
Kluesner, Krieg, Nagle, Nicholson, Robbins,
other usage of city utilities.
Voetberg, City Manager Michael C. Van Milligen,
Corporation Counsel Barry A. Lindahl.
An Ordinance Amending Zoning Ordinance by
reclassifying properties located on Geraldine Drive
Mayor Duggan read the call and stated this is
from R-1 Single-Family Residential District to
the Regular Session of the City Council called for
PUD Planned Unit District with a Planned
the purpose to act upon such business which may
Residential District Designation and adopting a
properly come before the Council.
Conceptual Development Plan, (first reading only
given at meeting of 4-18-94 - Planning & Zoning
Invocation was given by Rev. David Pacholke,
approved rezoning, however, due to written protest
Chaplain of The Finley Hospital.
containing 30% of the property owners which are
located within 200 feet, a three-fourths majority
PROCLAMATIONS — Recognizing the
vote is needed by the City Council to approve the
purchase of "Buddy Poppies" Day received by
request), presented for further action. Council
Walter Davis; Month of May as "Tourism Month"
Member Krieg moved that action be tabled to the
received by Marilee Fowler; May 2-7 as "National
Council Meeting of May 16, 1994 with
Drinking Water Week" received by Craig Olson
continuation of public hearing. Seconded by
and Bob Green; May 8-14 as "School Board
Council Member Voetberg. Carried by the
Member Recognition Week"; May 8-14 as
following vote: Yeas—Mayor Duggan, Council
"National Hospital Week" received by David
Members Kluesner, Krieg, Nagle, Nicholson,
Schaller and Diane Kirkwood; May 13 & 14 as
Robbins, Voetberg. Nays—None.
"Sertoma Candy Days" received by Harry Althaus;
May 14th as "Community Wide Garage Sale
Council recessed at 9:13 p.m.; Council
Day"; May 15-21 as "Emergency Medical
reconvened at 9:32 p.m.
Services Week" received by Ric Jones, Dr. Deb
Reisen, Dr. Tom Miller, Pam Fincel, and Craig
Proof of Publication certified to by the
Kehoe.
Publisher on Notice of Public Hearing to consider
disposing of real estate at 3257 Sheridan Road and
Council Member Nagle moved that the rules be
communication of City Manager recommending to
suspended to allow anyone present to address the
dispose of property, presented and read. Council
Council. Seconded by Council Member Robbins.
Member Nagle moved that the proof be received
Carried by the following vote: Yeas—Mayor
and filed. Seconded by Council Member Robbins.
Duggan, Council Members Kluesner, Krieg,
Carried by the following vote: Yeas—Mayor
Nagle, Nicholson, Robbins, Voetberg.
Duggan, Council Members Kluesner, Krieg,
Nays—None.
Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
Proof of Publication certified to by the
Amy Connolly of 253 Union, stated she
Publisher on Notice of Public Hearing to consider
appreciated this program and would like to make
rezoning property located on Geraldine Drive from
3257 Sheridan her home.
R-1 to PUD District with a Planned Residential
District Designation and adopting a Conceptual
RESOLUTION NO. 144-94
Development Plan, and communications of Everett
RESOLUTION APPROVING THE
J. Flynn, Donna M. & Charles J. Juergens, David
DISPOSAL OF CITY-OWNED PROPERTY,
W. Harris, Jerome P. and Laura S. Schroeder,
SPECIFICALLY, LOT 2 OF LOT 2 OF LOT
Marlin F. Jorgensen, David Hudson, Rose
1 OF LOT 3 OF LOT 1, AND LOT 2 OF LOT
Abresch, Larry Abresch, Richard and JoAnn
1 OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 1
Capra, Irene Kaukasie, Lisa Ewoldt, John Ewoldt,
OF LOT 3 OF LOT 1, BOTH OF THE
and Jose Nazario all objecting to rezoning of
SUBDIVISION OF: LOT 1 OF LOT 1 OF
property as requested and communication of Mary
LOT 1, AND LOT 1 OF LOT 1 OF LOT 1 OF
Lou Mulgrew endorsing the rezoning, presented
MINERAL LOT 324, IN SECTION 12,
and read. Council Member Krieg moved that the
TOWNSHIP 89 NORTH, RANGE 2 EAST OF
proof and communication be received and filed.
THE 5TH p.m., IN THE CITY OF
Seconded by Council Member Voetberg. Carried
DUBUQUE, COUNTY OF DUBUQUE,
by the following vote: Yeas—Mayor Duggan,
IOWA, ACCORDING TO THE RECORDED
137Regular Session, May 2, 1994
Dave Marini of Dubuque Main St., Duane
PLAT THEREOF, ALSO KNOWN AS 3257
SHERIDAN ROAD, TO AMY M.Greenfield of 198 Main St., and Steve Horman as
CONNOLLY.Pres. of Dubuque Chamber of Commerce all spoke
Whereas, pursuant to a notice, duly publishedrequesting this as a positive step for the downtown.
in the Telegraph Herald newspaper, the CityRhodes (Bud) Isenhart of 890 Quail Ridge Ct.
Council of Dubuque, Iowa, met on the 2nd day ofgave statistics and objected to proposal.
May, 1994, at 7:30 p.m. in the Carnegie Stout
Public Library Auditorium, 11th and Bluff Street,An Ordinance Amending Ord. No. 30-82
Dubuque, Iowa, to consider the proposal to disposepassed and approved on 6/21/82, entitled
of City-owned real estate located at 3257 Sheridan" An Ordinance providing that the General
Road which property is legally described asProperty Taxes levied and collected each year on
follows:all property located within the Downtown
Lot 2 of Lot 2 of Lot 1 of Lot 3 of Lot 1, andDubuque Urban Renewal Project Area in the City
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lotof Dubuque, County of Dubuque, State of IA, by
1 of Lot 3 of Lot 1, both of the subdivision of:and for the benefit of the State of Iowa, City of
Lot 1 of Lot 1 of Lot 1, and Lot 1 of Lot 1 ofDubuque, County of Dubuque, Dubuque
Lot 1 of Mineral Lot 324, in Section 12,Community School District, and other Taxing
Township 89 North, Range 2 East of the 5thDistricts, be paid to a Special Fund for Payment of
p.m., in the City of Dubuque, County ofPrincipal and Interest on Loans, Monies advanced
Dubuque, Iowa, according to the recorded platto and indebtedness, including bonds issued or to
thereof.be issued, incurred by said City in connection with
Whereas, such property is proposed to be soldsaid Urban Renewal Development Project,"
to Amy M. Connolly in consideration for Twenty-presented and read.
Six Thousand Five Hundred Dollars ($26,500.00)
as the fourth DREAMS Program property to be(OFFICIAL PUBLICATION)
sold; and ORDINANCE NO. 23-94
Whereas, the City Council of the City of
AN ORDINANCE AMENDING
Dubuque, Iowa, has overruled any and allORDINANCE NO. 30-82, PASSED AND
objections, oral and written, to the proposal toAPPROVED ON JUNE 21, 1982, ENTITLED
dispose of the interest of the City of Dubuque,"AN ORDINANCE PROVIDING THAT
Iowa, in the herein and above-named real estate to
GENERAL PROPERTY TAXES LEVIED
the above-named grantees.AND COLLECTED EACH YEAR ON ALL
NOW, THEREFORE, BE IT RESOLVED BYPROPERTY LOCATED WITHIN THE
THE CITY COUNCIL OF THE CITY OF
DOWNTOWN DUBUQUE URBAN
DUBUQUE, IOWA:
RENEWAL PROJECT AREA IN THE CITY
Section 1. That the disposal of the interest ofOF DUBUQUE, COUNT OF DUBUQUE,
the City of Dubuque in the above-describedSTATE OF IOWA, BY AND FOR THE
property to Amy M. Connolly is hereby approved.
BENEFIT OF THE STATE OF IOWA, CITY
Section 2. That the Mayor be and he is herebyOF DUBUQUE, COUNTY OF DUBUQUE,
authorized and directed to execute a Quit ClaimDUBUQUE COMMUNITY SCHOOL
Deed, and that the City Clerk be and she is herebyDISTRICT, AND OTHER TAXING
directed and authorized to deliver such Deed,
DISTRICTS, BE PAID TO A SPECIAL
conveying the above described real estate to theFUND FOR PAYMENT OF PRINCIPAL
above-named grantee.AND INTEREST ON LOANS, MONIES
Passed, approved and adopted this 2nd day of
ADVANCED TO AND INDEBTEDNESS,
May, 1994.
INCLUDING BONDS ISSUED OR TO BE
Terrance M. Duggan, MayorISSUED, INCURRED BY SAID CITY IN
Attest:
CONNECTION WITH SAID URBAN
Karen M. Chesterman, Deputy City Clerk
RENEWAL REDEVELOPMENT
Council Member Nagle moved adoption of thePROJECT"
Resolution. Seconded by Council MemberWhereas, the City Council of the City of
Robbins. Carried by the following vote:Dubuque, Iowa has heretofore, in Ordinance
Yeas—Mayor Duggan, Council Members
Number 30-82, passed and approved on June 21,
Kluesner, Krieg, Nagle, Nicholson, Robbins,1982 and published no June 24, 1982, provided
Voetberg. Nays—None.for the division of taxes within an area known as
the Downtown Dubuque Urban Renewal Project,
Proof of Publication certified to by the
Iowa R-15, pursuant to Section 403-19 of the
Publisher on Notice of Public Hearing to considerCode of Iowa; and
an amendment to the Downtown Dubuque UrbanWhereas, additional territory has been added to
Renewal Plan Amendment, communication ofsaid Urban Renewal Project Area; and
Long Range Planning Commission supporting theWhereas, the continuing needs of
proposed urban renewal plan amendment, andredevelopment of said Urban Renewal Project
communication of City Manager regarding theArea are such as to require application of the
Amended and Restated Downtown Urban Renewal
incremental tax resources of the amended Urban
Plan and Tax Increment Finance Ordinance,Renewal Project Area; and
presented and read. Council Member VoetbergWhereas, the following enactment is necessary
moved that the proof and communications beto accomplish the objectives described in the
received and filed. Seconded by Council Member
premises.
Krieg. Carried by the following vote:NOW, THEREFORE, BE IT ORDAINED BY
Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF
Kluesner, Krieg, Nagle, Nicholson, Robbins,DUBUQUE, IOWA:
Voetberg. Nays—None.
Ordinance Number 30-82 is hereby amended to
read as follows:
Regular Session, May 2, 1994138
Whereas, The City Council of the City ofDubuque, County of Dubuque, Dubuque
Dubuque, Iowa, after public notice and hearing asCommunity School district, and all other taxing
prescribed by law and pursuant to Resolutiondistricts from and after the effective date of this
passed and approved May 18, 1967, adopted anOrdinance, shall be divided as hereinafter in this
Urban Renewal Plan for an area known as theOrdinance provided.
Downtown Dubuque Urban Renewal Project, IowaSection 2. As to the Town Clock Subarea, that
R-15, which project area includes the lots andportion of the taxes which would be produced by
parcels within the boundaries described as follows:the rate at which the tax is levied each year by or
Beginning at the intersection of the north right-of-for each of the taxing districts taxing property in
way line of Ninth Street with the east right-of-waysaid Town Clock Subarea upon the total sum of
line of Central Avenue; thence south along the eastassessed value of the taxable property in the Town
right-of-way line of Central Avenue to itsClock Subarea as shown on the assessment roll last
intersection with the south right-of-way line ofequalized prior tot he date of initial adoption of
Fourth Street; thence west along the south right-of-Urban Renewal Plan for the Downtown Dubuque
way line of Fourth Street to its intersection with theUrban Renewal Project, Iowa R-15, shall be
west right-of-way line of Locust Street; thenceallocated to and when collected be paid into the
north along the west right-of-way line of LocustFund for the respective taxing district as taxes by
Street to its intersection with the north right-of-wayor for said taxing district into which all other
line of Ninth Street to its intersection with the eastproperty taxes are paid. The taxes so determined
right-of-way line of Central Avenue which is themay be referred herein as the "base period taxes."
point of beginning The date of assessment for the assessment roll
(the "Original Project Area"); andlast equalized prior to the date of adoption of said
Whereas, after public notice and hearing asUrban Renewal Plan was January 1, 1966, and the
prescribed by law, said Urban Renewal Plan has100 percent actual value of the taxable property
been amended and restated as the Amended andwithin the Town Clock Subarea on said date is
Restated Urban Renewal Plan for the Downtownfound to have been in the amount of $6,036,892.
Dubuque Urban Renewal District (the "AmendedAs to the Old Main Subarea, base period taxes
and Restated Urban Renewal Plan") and nowhall be computed in the same manner using the
encompasses an extended area consisting of thetotal assessed value shown on the assessment roll
Original Project Area (now known and referred tolast equalized prior to adoption of this Ordinance,
herein as the "Town Clock Subarea") and anbeing the assessment roll for January 1, 1993. The
additional project area consisting of the lots andassessed value of taxable property within the Old
parcels within the boundaries described as follows:Main Subarea on said date is found to have been in
Beginning at the intersection of south right-of-waythe amount of $4,468,340.00.
line of Fourth Street with the east right-of-way lineSection 3. That portion of the taxes each year
of Central Avenue; thence west along the southin excess of the base period taxes for the Amended
right-of-way line of Fourth Street to the west right-and Restated Downtown Dubuque Urban Renewal
of-way line of Locust Street; thence south alongDistrict, determined as provided in Section 2 of
the west right-of-way line of Locust Street to thethis Ordinance, shall be allocated to and when
north right-of-way line of the Locust Streetcollected be paid into a special fund established by
Connector; thence east along the north right-of-linethe City of Dubuque, Iowa, to pay the principal of
of the Locust Street Connector to the west right-of-an interest on loans, monies advanced to,
line of Highways 151/61; thence north along theindebtedness, whether funded, refunded, assumed
west right-of-line of Highways 151/61 to the pointor otherwise, including bonds issued under
of beginningauthority of Section 403.9 and Section 403-12 of
(the "Old Main Subarea"); andthe Code of Iowa, incurred by the City of
Whereas the Town Clock Subarea and the OldDubuque, Iowa to finance or refinance in whole or
Main Subarea together comprise the Downtownin part projects undertaken in furtherance of the
Dubuque Urban Renewal District (the "AmendedAmended and Restated Urban Renewal Plan for
and Restated Downtown Dubuque Urban Renewalthe Amended and Restated Downtown Urban
District"); and Renewal District, except that taxes for the payment
Whereas, indebtedness has been incurred by theof bonds and interest of each taxing district levying
City, and additional indebtedness is anticipated totaxes on said project area shall be collected against
be incurred in the future to finance urban renewalall taxable property within said project area
project activities undertaken pursuant to saidwithout any limitations as hereinabove provided.
Amended and Restated Urban Renewal Plan; andSection 4. All taxes levied and collected upon
Whereas, it is desired to provide for the divisionthe taxable property in said Amended and Restated
of revenue from taxation in the Amended andDowntown Dubuque Urban Renewal District shall
Restated Downtown Dubuque Urban District asbe paid into the funds of the taxing districts as
above described in accordance with the provisionstaxes by or for said taxing district in the same
of Section 403.19 of the Code of Iowa.manner as all other property taxes unless or until
NOW, THEREFORE, BE IT ORDAINED BYthe total assessed valuation of the taxable property
THE CITY COUNCIL OF THE CITY OFin said Urban Renewal Project Area shall exceed
DUBUQUE, IOWA:the total assessed value of the taxable property in
Section 1. That the taxes levied on the taxablesaid Urban Renewal Project Area, as shown by the
property in the Urban Renewal Project Areaassessment rolls dated January 1, 1966, with
known as the Amended and Restated Downtownrespect to the Town Clock Subarea, and January 1,
Dubuque Urban Renewal District, consisting of the1993, with respect to the Old Main Subarea.
Town Clock Subarea and the Old Main SubareaSection 5. At such time as the bonds and
legally described in the preamble hereof, by andinterest thereon of the City of Dubuque, herein
for the benefit of the State of Iowa, City ofabove referred to,have been paid all monies
139Regular Session, May 2, 1994
thereafter received from taxes upon the taxableright-of-way line of Central Avenue which is the
property in the area of the Amended and Restatedpoint of beginning
Downtown Dubuque Urban Renewal District shall(the "Original Project Area"); and
be paid into the funds for the respective taxingWhereas, it has been proposed that the
districts in the same manner as taxes on all otherboundaries of said District now be expanded to
property.accommodate the need for revitalization of an
Section 6. All ordinances or parts of ordinancesadjoining area, and that the City undertake
in conflict with the provisions of this Ordinance areadditional financing measures intended to facilitate
intended and shall be construed so as to continue tothe development within said District; and
utilize the provisions of Section 403.19 of theWhereas, it has been proposed that the
Code of Iowa with respect to the division of taxesfollowing real property be added to the District:
from property within the Town Clock Subarea asBeginning at the intersection of south right-of-way
described above, and to fully implement theline of Fourth Street with the east right-of-way line
provisions of Section 403.19 with respect to theof Central Avenue; thence west along the south
division of taxes from property within the Oldright-of-way line of Fourth Street to the west right-
Main Subarea. In the event that any provision ofof-way line to Locust Street; thence south along
this Ordinance shall be determined to be contrarythe west right-of-way line of Locust Street to the
to law it shall not affect other provisions ornorth right-of-way line of the Locust Street
application of this Ordinance which shall at allConnector; thence east along the north right-of-line
times be construed to fully invoke the provisions ofof the Locust Street Connector to the west right-of-
Section 403.19 of the Code of Iowa with referenceline of Highways 151/61; thence north along the
to said Amended and Restated Urban Renewalwest right of line of Highways 151/61 to the point
Plan for the Amended and Restated Downtownof beginning
Dubuque Urban Renewal District and the territory(the "Old Main Subarea"); and
therein.Whereas, this Council has reasonable cause to
Section 7. This Ordinance shall be in effectbelieve that the expanded area described below
after its final passage, approval and publication assatisfies the eligibility criteria for designation as an
provided by law.urban renewal area under Iowa law and has caused
Passed and approved this 2nd day of May,there to be prepared a proposed Amended and
1994.Restated Urban Renewal Plan (the "Plan") for the
Terrance M. Duggan, Mayorarea described therein, which proposed Plan is
Attest:attached hereto as Exhibit A; and
Karen M. Chesterman, Deputy City ClerkWhereas, the area within the proposed District,
as so amended and expanded, would include and
consist of the real property now legally described
Published officially in the Telegraph Heraldas follows:
newspaper this 11th day of May, 1994.Beginning at the intersection of the north right-of-
way line of Ninth Street with the east right-of-way
Karen M. Chesterman, Deputy City Clerk
1t 5/11line of Central Avenue; thence south along the east
Council Member Voetberg moved that this beright-of-way line of Central Avenue to its
considered the first reading of the Ordinance, andintersection with the west right-of-way line of
Highways 151/61; thence south along the west
that the requirement that a proposed Ordinance be
considered and voted on for passage at tworight of way line of Highways 151/61 to its
Council meetings prior to the meeting at which itintersection with the north right-of-way line of the
is to be finally adopted be suspended and furtherLocust Street Connector; thence west along the
north right-of-way line of the Locust Street
moved final adoption of the Ordinance.
Seconded by Council Member Krieg. Carried byConnector to the right-of-way line at Locust Street;
the following vote: Yeas—Mayor Duggan,thence north along the west right-of-way line of
Locust Street to its intersection with the north
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None. right-of-way line of Ninth Street; thence east along
RESOLUTION NO. 145-94the north right-of-way line of Ninth Street to its
intersection with the east right-of-way line of
RESOLUTION ADOPTING THE
Central Avenue which is the point of beginning
AMENDED AND RESTATED URBAN
RENEWAL PLAN FOR THE DOWNTOWN(the "Amended Downtown Dubuque Urban
Renewal District"); and
DUBUQUE URBAN RENEWAL DISTRICT
Whereas, it has been found and determined by
Whereas, on May 18, 1967, the City Council,
this City Council, that the amended and expanded
after public hearing, duly adopted an Urban
Renewal Plan for the Downtown Dubuque Urbanarea described above, is a blighted area and an
Renewal District (the "District"); and economic development area as defined in Chapter
403, Code Of Iowa, and is suitable for commercial
Whereas, the District, as so adopted, consisted
of the real property then legally described asenterprises, and that the rehabilitation,
follows: conservation, redevelopment, development, or
combination thereof, of such area is necessary in
Beginning at the intersection of the north right-of-
the interest of the public health, safety or welfare
way line of Ninth Street with the east right-of-way
line of Central Avenue; thence south along the eastof the residents of the City; and
right-of-way line of Central Avenue to itsWhereas, the Iowa statutes require the City
Council to submit the Proposed Plan to the
intersection with the south right-of-way line of
Planning Commission for review and
Fourth Street; thence west along the south right-of-
way line of Fourth Street to its intersection with therecommendation as to its conformity with the
west right-of-way line of Locust Street; thencegeneral plan for the development of the City as a
whole, prior to City Council approval thereof; and
north along the west right-of-way line of Locust
Whereas, adoption of the proposed Plan,
Street to its intersection with the north right-of-way
line of Ninth Street to its intersection with the eastattached hereto as Exhibit A, was approved by the
Regular Session, May 2, 1994140
Planning Commission for the City on April 20,and Restated Plan with the proceedings of this
1994, as being in conformity with the general planmeeting.
for the development of the City as a whole, asPassed, approved and adopted this 2nd day of
evidenced by its written report andMay, 1994.
recommendation attached hereto as Exhibit B,Terrance M. Duggan, Mayor
which report and recommendation is herebyAttest:
accepted, approved in all respects and incorporatedKaren M. Chesterman, Deputy City Clerk
herein by this reference; andCouncil Member Voetberg moved adoption of
Whereas, by resolution adopted April 4, 1994,the Resolution. Seconded by Council Member
this Council set a public hearing on the adoption ofKrieg. Carried by the following vote:
the Plan for its meeting of May 2, 1994 at 7:30Yeas—Mayor Duggan, Council Members
p.m. in the Auditorium, Carnegie Stout PublicKluesner, Krieg, Nagle, Nicholson, Robbins,
Library, Dubuque, Iowa, and due and properVoetberg. Nays—None.
notice of said public hearing was given, as
provided by law, by publication in the TelegraphRESOLUTION NO. 146-94
Herald, which notice set forth the time and placeRESOLUTION ESTABLISHING A POLICY
for this hearing and the nature and purposes
WHICH SETS AN ANNUAL LIMIT ON THE
thereof; andUSE OF REVENUES GENERATED IN THE
Whereas, in accordance with said notice, allDOWNTOWN URBAN RENEWAL TAX
persons or organizations desiring to be heard onINCREMENT FINANCING DISTRICT
said proposed Plan, both for and against, have beenWhereas, the City Council of the City of
given an opportunity to be heard with respectDubuque did, on the 2nd day of May, 1994, adopt
thereto, and due consideration has been given to allan amended and restated Urban Renewal Plan (the
comments and views expressed to this Council in"Plan") for the expanded Downtown Urban
connection therewith and said public hearing hasRenewal District (the "District"); and
been closed. NOW, THEREFORE, BE ITWhereas, on May 2, 1994, an ordinance was
RESOLVED BY THE CITY COUNCIL OF THEadopted establishing a Tax Increment Financing
CITY OF DUBUQUE, IOWA:District within said District for the purposes of
Section 1. That the Urban Renewal Areafinancing a variety of public purpose activities in
described in the amended and Restated Urbansupport of the Plan; and
Renewal Plan for the Downtown Dubuque UrbanWhereas, the City Council believes that there
Renewal District is a blighted area and anwill be sufficient revenues generated by the Tax
economic development area within the meaning ofIncrement Financing District to accomplish the
Iowa Code Chapter 403; that the Urban Renewalobjectives of the Plan and that a limit on the use of
Area is appropriate for commercial enterprises andthese funds can be established without hampering
is eligible for an urban renewal project andredevelopment efforts within the District
otherwise meets all requisites under the provisionsNOW, THEREFORE, BE IT RESOLVED BY
of Chapter 403 of the Code of Iowa, and that theTHE CITY COUNCIL OF THE CITY OF
rehabilitation, conservation, redevelopment,DUBUQUE, IOWA:
development, or a combination thereof, of suchSection 1. That this City Council does hereby
area is necessary in the interest of the publicexpress its present intention hat not more than
health, safety, or welfare of the residents of thisseventy-five percent (75%) of the estimated annual
City.tax increment revenues from The Downtown Tax
Section 2. That this Council further finds: a.Increment Financing District be used in any year to
A feasible methods exists for the location ofsatisfy payment on the principal of any interest on
families who will be displaced by the amended andloans, monies advanced to, or indebtedness,
restated Urban Renewal Plan for the Downtownwhether funded, refunded assumed or otherwise
Dubuque Urban Renewal District into decent, safeincurred, including bonds issued under the
and sanitary dwelling accommodations within theirauthority of Section 403.9, Subsection 1 of the
means and without undue hardship to suchCode of Iowa, and incurred by the City of
families;Dubuque to finance and refinance in whole or in
b. The Amended and Restated Urban Renewalpart, the redevelopment of the Downtown Urban
Plan and the Urban Renewal area described thereinRenewal District.
conform to the general Plan of the City as a whole;Section 2. That this resolution be construed
andonly as evidence of the present intention of this
c. Any non-residential uses to be developed on anCouncil with respect to the future use of said tax
area of open land to be acquired as part of the Planincrement revenues, and not be binding upon
are necessary and appropriate to facilitate thefuture Councils of this City or serve to impede or
proper growth and development of the communitylimit their legislative discretion with respect to the
in accordance with sound planning standards anduse of such revenues.
local community objectives.Passed, approved and adopted this 2nd day of
Section 3. That the Amended and RestatedMay, 1994.
Urban Renewal Plan, attached hereto as Exhibit ATerrance M. Duggan, Mayor
and incorporated herein by reference, be and theAttest:
same is hereby approved and adopted as theKaren M. Chesterman, Deputy City Clerk
"Amended and Restated Urban Renewal Plan forCouncil Member Voetberg moved adoption of
the Downtown Dubuque Urban Renewal Districtthe Resolution. Seconded by Council Member
for the City of Dubuque, Iowa"; is hereby in allKrieg. Carried by the following vote:
respects approved and the City Clerk is herebyYeas—Mayor Duggan, Council Members
directed to file a certified copy of said AmendedKluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
141Regular Session, May 2, 1994
Proof of Publication certified to by thebehalf of the City of Dubuque for the complete
Publisher on Notice of Hearing on Plans andperformance of the work.
Specifications for the Energy Efficient RevampingBE IT FURTHER RESOLVED:
of City Hall Lighting, presented and read. CouncilThat upon the signing of said contract and the
Member Krieg moved that the proof of publicationapproval of the contractor's bond, the City
be received and filed. Seconded by CouncilTreasurer is authorized and instructed to return the
Member Nagle. Carried by the following vote:bid deposits of the unsuccessful bidders.
Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 2nd day of
Kluesner, Krieg, Nagle, Nicholson, Robbins,May, 1994.
Voetberg. Nays—None. Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
RESOLUTION NO. 147-94
RESOLUTION ADOPTING PLANS ANDCouncil Member Krieg moved adoption of the
SPECIFICATIONSResolution. Seconded by Council Member Nagle.
Whereas, on the 31st day of March, 1994,Carried by the following vote: Yeas—Mayor
plans, specifications, form of contract andDuggan, Council Members Kluesner, Krieg,
estimated cost were filed with the City Clerk ofNagle, Nicholson, Robbins, Voetberg.
Dubuque, Iowa for the Energy EfficientNays—None.
Revamping of City Hall Lighting.
Whereas, notice of hearing on plans,Proof of Publication certified to by the
specifications, form of contract and estimated costPublisher on Notice of Hearing on Plans and
was published as required by law.Specifications for the Kerper Boulevard Sanitary
NOW THEREFORE, BE IT RESOLVED BYSewer Reconstruction project, presented and read.
THE CITY COUNCIL OF THE CITY OFCouncil Member Voetberg moved that the proof of
DUBUQUE, IOWA:publication be received and filed. Seconded by
That the said plans, specifications, form ofCouncil Member Robbins. Carried by the
contract and estimated cost are hereby approved asfollowing vote: Yeas—Mayor Duggan, Council
the plans, specifications, form of contract andMembers Kluesner, Krieg, Nagle, Nicholson,
estimated cost for said improvements for saidRobbins, Voetberg. Nays—None.
project.
Passed, adopted and approved this 2nd day of
RESOLUTION NO. 149-94
May, 1994.RESOLUTION ADOPTING PLANS AND
Terrance M. Duggan, MayorSPECIFICATIONS
Attest:Whereas, on the 30th day of March, 1994,
Karen M. Chesterman, Deputy City Clerkplans, specifications, form of contract and
Council Member Krieg moved adoption of theestimated cost were filed with the City Clerk of
Resolution. Seconded by Council Member Nagle.Dubuque, Iowa for the Kerper Boulevard Sanitary
Carried by the following vote: Yeas—MayorSewer Reconstruction.
Duggan, Council Members Kluesner, Krieg,Whereas, notice of hearing on plans,
Nagle, Nicholson, Robbins, Voetberg.specifications, form of contract, and estimated cost
Nays—None. was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
Proof of Publication certified to by theTHE CITY COUNCIL OF THE CITY OF
Publisher on Notice to Bidders for project andDUBUQUE, IOWA:
communication of City Manager recommending toThat the said plans, specifications, form of
award contract for project, presented and read.contract and estimated cost are hereby approved as
Council Member Krieg moved that the proof ofthe plans, specifications, form of contract and
publication be received and filed. Seconded byestimated cost for said improvements for said
Council Member Nagle. Carried by the followingproject.
vote: Yeas—Mayor Duggan, Council MembersPassed, adopted and approved this 2nd day of
Kluesner, Krieg, Nagle, Nicholson, Robbins,May, 1994.
Voetberg. Nays—None. Terrance M. Duggan, Mayor
Attest:
RESOLUTION NO. 148-94Karen M. Chesterman, Deputy City Clerk
AWARDING CONTRACTCouncil Member Voetberg moved adoption of
Whereas, sealed proposals have been submittedthe Resolution. Seconded by Council Member
by contractors for the City Hall Relamping ProjectRobbins. Carried by the following vote:
pursuant to Resolution No. 117-94 and notice toYeas—Mayor Duggan, Council Members
bidders published in a newspaper published in theKluesner, Krieg, Nagle, Nicholson, Robbins,
City of Dubuque, Iowa on the 8th day of April,Voetberg. Nays—None.
1994.Proof of Publication certified to by the
Whereas said sealed proposals were opened andPublisher on Notice to Bidders for project and
read on the 20th day of April, 1994 and it has beencommunication of City Manager recommending to
determined that the bid of in the amount ofaward contract for project, presented and read.
$19,205.00 was the lowest bid for the furnishingsCouncil Member Voetberg moved that the proof of
of all labor and materials and performing the workpublication and communication be received and
as provided for in the plans and specifications.filed. Seconded by Council Member Robbins.
NOW THEREFORE, BE IT RESOLVED BYCarried by the following vote: Yeas—Mayor
THE CITY COUNCIL OF THE CITY OFDuggan, Council Members Kluesner, Krieg,
DUBUQUE, IOWA:Nagle, Nicholson, Robbins, Voetberg.
That the contract for the above improvement beNays—None.
awarded to Advance Electric Inc. and the Manager
be and is hereby directed to execute a contract on RESOLUTION NO. 150-94
Regular Session, May 2, 1994142
AWARDING CONTRACTthe Catfish Creek bridge to the Iowa
Whereas, sealed proposals have been submittedDepartment of Natural Resources; and
by contractors for the Tschiggfrie ExcavatingWhereas, the City Council of the City of
pursuant to Resolution No. 120-94 and notice toDubuque, Iowa overruled any and all objections,
bidders published in a newspaper published in theoral or written, to the proposal to transfer the
City of Dubuque, Iowa on the 14th day of April,jurisdiction in the public road segment hereinabove
1994.described to the Iowa Department of Natural
Whereas, said sealed proposals were openedResources.
and read on the 20th day of April, 1994 and it hasNOW, THEREFORE, BE IT RESOLVED BY
been determined that the bid of TschiggfrieTHE CITY COUNCIL OF THE CITY OF
Excavating of Dubuque, Iowa in the amount ofDUBUQUE, IOWA:
$76,506.38 was the lowest bid for the furnishingsSection 1. That the transfer of jurisdiction of
of all labor and materials and performing the workthe City of Dubuque, Dubuque County, Iowa in
as provided for in the plans and specifications.that portion of Marjo Quarry Road extending from
NOW THEREFORE, BE IT RESOLVED BYthe intersection of the access road to the Julien
THE CITY COUNCIL OF THE CITY OFDubuque Monument to the north side of the
DUBUQUE, IOWA:Catfish Creek bridge to the Iowa Department of
That the contract for the above improvement beNatural Resources be and the same is hereby
awarded to Tschiggfrie Excavating and theapproved.
Manager be and is hereby directed to execute aSection 2. That the Mayor is hereby authorized
contract on behalf of the City of Dubuque for theand directed to execute the attached Agreement for
complete performance of the work.Transfer of Public Road Jurisdiction between the
BE IT FURTHER RESOLVED:City and the Iowa Department of Natural
That upon the signing of said contract and theResources.
approval of the contractor's bond, the CitySection 3. That the Mayor be authorized and
Treasurer is authorized and instructed to return thedirected to execute a Quit Claim Deed, and the
bid deposits of the unsuccessful bidders.City Clerk is hereby authorized and directed to
Passed, approved and adopted this 2nd day ofdeliver said deed of conveyance to the Iowa
May, 1994.Department of Natural Resources.
Terrance M. Duggan, MayorSection 4. That the City Clerk be and is hereby
Attest:authorized and directed to record a certified copy
Karen M. Chesterman, Deputy City Clerkof this resolution in the office of the City Assessor,
Council Member Voetberg moved adoption ofDubuque County Recorder, and the Dubuque
the Resolution. Seconded by Council MemberCounty Auditor.
Robbins. Carried by the following vote:Passed, approved and adopted this 2nd day of
Yeas—Mayor Duggan, Council MembersMay, 1994.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Terrance M. Duggan, Mayor
Voetberg. Nays—None. Attest:
Karen M. Chesterman, Deputy City Clerk
Proof of Publication certified to by theCouncil Member Krieg moved adoption of the
Publisher on Notice of Public Hearing to considerResolution. Seconded by Council Member Nagle.
disposing of City jurisdiction on a portion of theCarried by the following vote: Yeas—Mayor
Marjo Quarry Road and communication of CityDuggan, Council Members Kluesner, Krieg,
Manager recommending to approve disposal toNagle, Nicholson, Robbins, Voetberg.
DNR, presented and read. Council Member KriegNays—None.
moved that the proof and communication be
received and filed. Seconded by Council MemberProof of Publication certified to by the
Nagle. Carried by the following vote:Publisher on Notice of Intent to dispose in real
Yeas—Mayor Duggan, Council Membersestate for a Roadway Easement and an easement
Kluesner, Krieg, Nagle, Nicholson, Robbins,for parking and storage in area of Front Street and
Voetberg. Nays—None. communication of City Manager recommending
approval to dispose of real estate, presented and
RESOLUTION NO. 151-94read. Council Member Voetberg moved that the
proof and communication be received and filed.
RESOLUTION DISPOSING OF CITY
JURISDICTION ON A PORTION OF THESeconded by Council Member Robbins. Carried
MARJO QUARRY ROADby the following vote: Yeas—Mayor Duggan,
Whereas, pursuant to resolution and publishedCouncil Members Kluesner, Krieg, Nagle,
notice of time and place of hearing, published inNicholson, Robbins, Voetberg. Nays—None.
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, IowaRESOLUTION NO. 152-94
on the 22nd day of April, 1994, the City Council
RESOLUTION DISPOSING OF AN
of the City of Dubuque, Iowa met on the 2nd day
INTEREST IN REAL ESTATE BY
of May, 1994, at 7:30 p.m. in the Public LibraryAPPROVING AN AGREEMENT FOR A
Auditorium, 11th and Locust, Dubuque, DubuqueROADWAY EASEMENT BETWEEN THE
County, Iowa to consider the proposal for transfer
CITY OF DUBUQUE, IOWA, AND HAROLD
of jurisdiction of the public road segment asL. MOLDT, JR., AND JOANNE C. MOLDT,
follows:AND LLOYD LUBER AND MARLENE
That portion of Marjo Quarry Road extendingLUBER MELSSEN AND AN EASEMENT
from the intersection with the access road to the
TO HAROLD L. MOLDT, JR., AND
Julien Dubuque Monument to the north side ofJOANNE C. MOLDT FOR PARKING AND
STORAGE, SAID EASEMENTS BEING
143Regular Session, May 2, 1994
Kluesner, Krieg, Nagle, Nicholson, Robbins,
LOCATED IN THE AREA OF FRONT
STREET AND ALSO FROM LOT 338 OFVoetberg. Nays—None.
HAM'S ADD. IN THE CITY OF DUBUQUE
TO HAWTHORNE STREET.Proof of Publication certified to by the
Whereas, in 1967, the City of Dubuque, IowaPublisher on Notice of Hearing on Plans and
(City) and Harold L. Moldt, Jr., and Joanne C.Specifications for the Water Plant Phase II
Moldt (Moldt), husband and wife, and LloydHydraulic and Electrical Improvement and Fourth
Luber and Marlene Luber Melssen (Luber) enteredWater Pressure Zone Improvements, presented and
into an agreement to facilitate the Dubuque, Iowa,read. Council Member Kluesner moved that the
Local Flood Protection Project, pursuant to whichproof of publication be received and filed.
Front Street was vacated, and in consideration forSeconded by Council Member Nagle. Carried by
which a roadway easement was to be granted bythe following vote: Yeas—Mayor Duggan,
the City to Moldt and Luber for access to propertyCouncil Members Kluesner, Krieg, Nagle,
owned by Moldt and Luber over and acrossNicholson, Robbins, Voetberg. Nays—None.
property owned by the City of Dubuque that is
now the Municipal Water Works, said easement
RESOLUTION NO. 153-94
being located in the area of Front Street and alsoRESOLUTION ADOPTING PLANS AND
from Lot 338 of Ham's Add. in the City ofSPECIFICATIONS
Dubuque to Hawthorne Street; andWhereas, on the 21st day of March, 1994,
Whereas, the parties now desire to provide aplans, specifications, form of contract and
different access to Moldt and Luber property andestimated cost were filed with the City Clerk of
to vacate the previous roadway easement and toDubuque, Iowa, for the Phase II Hydraulic and
grant an easement to Harold L. Moldt, Jr., andElectrical Improvements and the Fourth Pressure
Joanne C. Moldt for parking and storage.Zone Improvements at the Eagle Point Water
Whereas, pursuant to Resolution and publishedPlant, and
notice of time and place of hearing, published inWhereas, notice of hearing on plans,
the Telegraph Herald, a newspaper of generalspecifications, form of contract and estimated cost
circulation published in the city of Dubuque,was published as required by law.
Iowa, on the 22nd day of April, 1994, the CityNOW THEREFORE, BE IT RESOLVED BY
Council of the City of Dubuque, Iowa, met on theTHE CITY COUNCIL OF THE CITY OF
2nd day of May, 1994, at 7:30 p.m. in the publicDUBUQUE, IOWA:
library auditorium, 11th and Locust Street,Section 1. That the said plans, specifications,
Dubuque, Iowa, to consider the proposal to disposeform of contract and estimated cost are hereby
of the City's interest in real estate by granting aapproved as the plans, specifications, form of
roadway easement to Harold L. Moldt, Jr., andcontract and estimated cost for said improvements
Joanne C. Moldt, and Lloyd Luber and Marlenefor said project.
Luber Melssen, and by granting an easement toPassed, approved and adopted this 2nd day of
Harold L. Moldt, Jr., and Joanne C. Moldt forMay, 1994.
parking and storage, as shown on the plat attachedTerrance M. Duggan, Mayor
hereto; andATTEST:
Whereas, the City Council of the City ofKaren M. Chesterman, Deputy City Clerk
Dubuque, Iowa, overruled any and all objections,Council Member Kluesner moved adoption of
oral or written, to the proposal to dispose of suchthe Resolution. Seconded by Council Member
interest in real estate.Nagle. Carried by the following vote:
NOW, THEREFORE, BE IT RESOLVED BYYeas—Mayor Duggan, Council Members
THE CITY COUNCIL OF THE CITY OFKluesner, Krieg, Nagle, Nicholson, Robbins,
DUBUQUE, IOWA:Voetberg. Nays—None.
Section 1. The disposal of the City's interest inProofs of Publication certified to by the
the real property shown on Exhibit "A" attachedPublisher on Notice to Bidder for Divisions I and
hereto by the granting of a roadway easement toII Hydraulic and Electrical Improvements and 4th
Harold L. Moldt, Jr., and Joanne C. Moldt, andPressure Zone improvements and communication
Lloyd Luber and Marlene Luber Melssen; and byof City Manager recommending to award contract
granting an easement to Harold L. Moldt, Jr., andfor project, presented and read. Council Member
Joanne C. Moldt for parking and storage, saidKluesner moved that the proofs and
easements being located in the area of Front Streetcommunication be received and filed. Seconded
and also from Lot 338 of Ham's Add. in the City ofby Council Member Nagle. Carried by the
Dubuque to Hawthorne Street, is hereby approved.following vote: Yeas—Mayor Duggan, Council
Section 2. The Mayor is hereby authorized andMembers Kluesner, Krieg, Nagle, Nicholson,
directed to sign the Agreement attached hereto.Robbins, Voetberg. Nays—None.
Section 3. The City Clerk is hereby authorized
and directed to record a certified copy of thisRESOLUTION NO. 154-94
Resolution and the attached Agreement in theAWARDING CONTRACT
office of the Dubuque County Recorder.Whereas, sealed proposals have been submitted
Passed, approved and adopted this 2nd day ofby contractors for the Phase II Hydraulic and
May, 1994.Electrical Improvements and the Fourth Pressure
Terrance M. Duggan, MayorZone Improvements at the Eagle Point Water
Attest:Plant, pursuant to Resolution No. 105-94 and
Karen M. Chesterman, Deputy City Clerknotice to bidders published in a newspaper in the
Council Member Voetberg moved adoption ofCity of Dubuque, Iowa, on the 25th and 28th days
the Resolution. Seconded by Council Memberof March, 1994; and
Robbins. Carried by the following vote:Whereas, said sealed proposals were opened
Yeas—Mayor Duggan, Council Membersand read on the 21st day of April, 1994, and it has
been determined that the bids indicated below were
Regular Session, May 2, 1994144
the lowest bids for the furnishings of all labor andDuggan, Council Members Kluesner, Krieg,
materials and performing the work as provided forNagle, Nicholson, Robbins, Voetberg.
in the plans and specifications.Nays—None.
Firm Amount
Phase II Hydraulic &Communication of City Manager
Electrical Contractrecommending co-sponsorship of Flexsteel EDA
Gridor Construction$598,700application, presented and read. Council Member
Plymouth, MinnesotaRobbins moved that the communication be
Fourth Pressure Zone Pump Stationreceived and filed. Seconded by Council Member
Westphal Electric, $154,000Krieg. Carried by the following vote:
Dubuque, IowaYeas—Mayor Duggan, Council Members
Electrical EquipmentKluesner, Krieg, Nagle, Nicholson, Robbins,
Miller Electric$108,930Voetberg. Nays—None.
Dubuque, IowaPat Crahan, CEO of Flexsteel, requested
Flow Metersapproval.
Fischer & Porter$ 11,475
Electrical Generator
RESOLUTION NO. 155-94
Altofer Machinery & Equip.$276,658A RESOLUTION ENDORSING THE
Cedar Rapids, IowaSUBMISSION OF A FINAL APPLICATION
NOW THEREFORE, BE IT RESOLVED BYTO THE U.S. DEPARTMENT OF
THE CITY COUNCIL OF THE CITY OF
COMMERCE, ECONOMIC
DUBUQUE, IOWA:DEVELOPMENT ADMINISTRATION IN
Section 1. That the contracts for the aboveSUPPORT OF THE FLEXSTEEL
improvements be awarded to the following; Gridor
INDUSTRIES RELOCATION
Construction, Inc., Westphal Electric, MillerWhereas, on the 23rd day of February, 1994,
Electric, Fischer & Porter, and altofer Machinerythe Board of Directors of Dubuque In-Futuro, Inc.
and Equipment, and the City Manager be and issubmitted a pre-application to the U.S. Department
hereby directed to execute a contract on behalf ofof Commerce through the Economic Development
the City of Dubuque for the complete performanceAdministration (EDA) for grant monies to assist in
of the work.the relocation of the flood impacted operations of
Section 2. That upon the signing of saidlocal furniture manufacturer, Flexsteel Industries,
contracts and the approval of any specifiedInc.; and
contractor's bond, the City Treasurer is authorizedWhereas, the Economic Development
and instructed to return the bid deposits of theAdministration (EDA) approved said pre-
unsuccessful bidders.application and formally invited the City of
Passed, approved and adopted this 2nd day ofDubuque and Dubuque In-Futuro, Inc. to submit
May, 1994.a final joint application on behalf of the project;
Terrance M. Duggan, Mayorand
ATTEST:Whereas, said application requires the
Karen M. Chesterman, Deputy City Clerkexecution of a variety of certifications and
Council Member Kluesner moved adoption ofassurances including but not limited to non-
the Resolution. Seconded by Council Memberrelocation agreement, drug-free workplace
Nagle. Carried by the following vote:standards, civil rights compliances, and anti-
Yeas—Mayor Duggan, Council Memberslobbying policies.
Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED BY
Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
BOARDS AND COMMISSIONSSection 1. That the City of Dubuque hereby
LIBRARY BOARD: endorses the submission of a joint grant application
One Unexpired term to expire 7-1-99. Applicants:to the U.S. Department of Commerce/Economic
Janet Marxen, Edmund Vandermillen.Development Administration on behalf of Flexsteel
Vote on the appointment was as follows:Industries, Inc.
Mayor Duggan for Marxen; Council MemberSection 2. That the Mayor is and he is hereby
Kluesner voted for Vandermillen; Council Memberauthorized and directed to execute the required
Krieg voted for Marxen; Council Member Naglecertifications and assurances, to sign and submit a
voted for Vandermillen; Council Memberfinal grant application to the U.S. Department of
Nicholson voted for Marxen, Council MemberCommerce, Economic Development
Robbins voted for Marxen. Council MemberAdministration on behalf of the proposed Flexsteel
Voetberg voted for Marxen. Therefore, JanetIndustries Relocation Project and to accept or
Marxen appointed to the Library Board for theaffirm any grant award resulting therefrom.
unexpired term which will expire 7-1-99.Passed, approved and adopted this 2nd day of
May, 1994.
Communication of Joseph Zwack requestingTerrance M. Duggan, Mayor
approval of the construction of a Boarding RampAttest:
for the Diamond Jo Casino, presented and read.Karen M. Chesterman, Deputy City Clerk
Council Member Voetberg moved that theCouncil Member Robbins moved adoption of
communication be received and filed approvedthe Resolution. Seconded by Council Member
construction of a permanent Boarding RampKrieg. Carried by the following vote:
subject to final approval by the Council afterYeas—Mayor Duggan, Council Members
completion. Seconded by Council Member Krieg.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Carried by the following vote: Yeas—MayorVoetberg. Nays—None.
145Regular Session, May 2, 1994
Communication of City ManagerRobbins moved that the communication be
recommending assessment of Civil Penalty againstreceived and filed. Seconded by Council Member
Oldham, Inc. (Avenue Top), presented and read.Nicholson. Carried by the following vote:
Council Member Voetberg moved that theYeas—Mayor Duggan, Council Members
communication be received and filed andKluesner, Krieg, Nagle, Nicholson, Robbins,
recommendation approved. Seconded by CouncilVoetberg. Nays—None.
Member Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
RESOLUTION NO. 156-94
Kluesner, Krieg, Nagle, Nicholson, Robbins,
APPROVING THE COMPENSATION
Voetberg. Nays—None. PACKAGE AND WAGE PLAN FOR NON-
BARGAINING UNIT EMPLOYEES
Communication of City ManagerWhereas, it has been the practice to provide a
recommending purchase of a Financial Softwarecompensation package to non-bargaining unit
system in the amount of $175,310.00 fromemployees similar to the compensation package to
Pentamation Government Systems, Div. ofbe received by bargaining unit employees; and
Bethlehem, PA, presented and read. CouncilWhereas, the proposed compensation package
Member Voetberg moved that the communicationand wage plan for non-bargaining unit employees
be received and filed and approvedrepresents an increase of three (3) percent across
recommendation. Seconded by Council Memberthe board effective July 1, 1994, which is
Nagle. Carried by the following vote:consistent with the compensation package to be
Yeas—Mayor Duggan, Council Membersreceived by the City's collective bargaining units.
Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED BY
Voetberg. Nays—None. THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Communication of City ManagerSection 1. That the compensation package and
recommending approval of new computer wiringwage plan for non-bargaining unit employees
at City Hall and that $20,000 from the Cable TVwhich provides for an increase of three (3) percent
Fund be appropriated for this expenditure,across the board effective July 1, 1994, is hereby
presented and read. Council Member Voetbergapproved.
moved that the communication be received andPassed, approved and adopted this 2nd day of
filed and approved recommendation. Seconded byMay, 1994.
Council Member Nagle. Carried by the followingTerrance M. Duggan, Mayor
vote: Yeas—Mayor Duggan, Council MembersAttest:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Karen M. Chesterman, Deputy City Clerk
Voetberg. Nays—None. Council Member Robbins moved adoption of
the Resolution. Seconded by Council Member
Communication of City ManagerNicholson. Carried by the following vote:
recommending approval of assignment of leases ofYeas—Mayor Duggan, Council Members
Roberts River Rides, presented and read. CouncilKluesner, Krieg, Nagle, Nicholson, Robbins,
Member Voetberg moved that the communicationVoetberg. Nays—None.
be received and filed and approved assignment of
leases. Seconded by Council Member Krieg.Proof of Publication certified to by the
Carried by the following vote: Yeas—MayorPublisher on Notice to Bidders on Receipt of Bids
Duggan, Council Members Kluesner, Krieg,for Construction of 1994 Portland Cement
Nagle, Nicholson, Robbins, Voetberg.Concrete Paving Project and communication of
Nays—None. City Manager recommending to award contract,
presented and read. Council Member Voetberg
Communication of City Managermoved that the proof and communication be
recommending self-promotion of an appearance ofreceived and filed. Seconded by Council Member
Victor Borge at the Five Flags Civic Center,Nagle. Carried by the following vote:
presented and read. Council Member KluesnerYeas—Mayor Duggan, Council Members
moved that the communication be received andKluesner, Krieg, Nagle, Nicholson, Robbins,
filed and approved recommendation. Seconded byVoetberg. Nays—None.
Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,RESOLUTION NO. 157-94
Robbins, Voetberg. Nays—None.
AWARDING CONTRACT
Whereas, sealed proposals have been submitted
Communication of City Managerby contractors for the 1994 P.C. Concrete Paving
recommending consultant assistance forProject pursuant to Resolution No. 108-94 and
preparation of Enterprise Community application,notice to bidders published in a newspaper
presented and read. Council Member Voetbergpublished in the City of Dubuque, Iowa on the
moved to receive and filed the communication and17th day of March, 1994.
approve recommendation. Seconded by CouncilWhereas, said sealed proposals were opened
Member Krieg. Vote on the motion was asand read on the 21st day of April, 1994 and it has
follows: Yeas—Council Members Krieg,been determined that the bid of Tschiggfrie
Nicholson, Voetberg. Nays—Mayor Duggan,Excavating of Dubuque, Iowa in the amount of
Council Members Kluesner, Nagle, Robbins.$1,588,238.12 was the lowest bid for the
Motion failed. furnishings of all labor and materials and
Communication of City Managerperforming the work as provided for in the plans
recommending approval of a 3% wage increase forand specifications.
the Non-bargaining unit employees effective
7/1/94, presented and read. Council Member
Regular Session, May 2, 1994146
NOW THEREFORE, BE IT RESOLVED BYAttest:
THE CITY COUNCIL OF THE CITY OFKaren M. Chesterman, Deputy City Clerk
DUBUQUE, IOWA:Council Member Nagle moved adoption of the
That the contract for the above improvement beResolution. Seconded by Council Member
awarded to Tschiggfrie Excavating and theRobbins. Carried by the following vote:
Manager be and is hereby directed to execute aYeas—Mayor Duggan, Council Members
contract on behalf of the City of Dubuque for theKluesner, Krieg, Nagle, Nicholson, Robbins,
complete performance of the work.Voetberg. Nays—None.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and theCommunication of City Manager requesting
approval of the contractor's bond, the Cityapproval of contract with Fox Engineering to
Treasurer is authorized and instructed to return theprovide Phase II Hydraulic & Electrical
bid deposits of the unsuccessful bidders.Improvements and 4th Pressure Zoning
Passed, approved and adopted this 2nd day ofImprovements at a cost of $46,500, presented and
May, 1994.read. Council Member Voetberg moved that the
Terrance M. Duggan, Mayorcommunication be received and filed. Seconded
Attest:by Council Member Nicholson. Carried by the
Karen M. Chesterman, Deputy City Clerkfollowing vote: Yeas—Mayor Duggan, Council
Council Member Voetberg moved adoption ofMembers Kluesner, Krieg, Nagle, Nicholson,
the Resolution. Seconded by Council MemberRobbins, Voetberg. Nays—None.
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 159-94
Kluesner, Krieg, Nagle, Nicholson, Robbins,AUTHORIZING THE CITY MANAGER TO
Voetberg. Nays—None.
EXECUTE A CONTRACT AMENDMENT
WITH FOX ENGINEERING, FOR THE
Proof of Publication certified to by thePURPOSE OF PROVIDING
Publisher on Notice to Bidders on Receipt of BidsCONSTRUCTION PHASE SERVICES FOR
for Construction of 1994 Asphalt Paving Project
THE PHASE II HYDRAULIC AND
and communication of City ManagerELECTRICAL IMPROVEMENTS AND FOR
recommending to award contract for project,THE FOURTH PRESSURE ZONE
presented and read. Council Member NagleIMPROVEMENTS AT THE EAGLE POINT
moved that the proof and communication be
WATER PLANT
received and filed. Seconded by Council MemberWhereas, a Phase II improvement has been
Robbins. Carried by the following vote:budgeted at the Eagle Point Water Plant; and
Yeas—Mayor Duggan, Council MembersWhereas, a Fourth Pressure Zone improvement
Kluesner, Krieg, Nagle, Nicholson, Robbins,has been budgeted at the Eagle Point Water Plant;
Voetberg. Nays—None. and
Whereas, Fox Engineering, has submitted to the
City a contract amendment to conduct the
RESOLUTION NO. 158-94
AWARDING CONTRACTconstruction phase services for these improvements
Whereas, sealed proposals have been submittedfor an amount of $31,000 for the Phase II
by contractors for the 1994 Asphalt Paving Projectimprovements and $15,500 for the Fourth Pressure
pursuant to Resolution No. 77-94 and notice toZone improvements; and
bidders published in a newspaper published in theWhereas, funds have been legally appropriated
City of Dubuque, Iowa on the 17th day of March,for this expenditure.
1994.NOW, THEREFORE, BE IT RESOLVED BY
Whereas, said sealed proposals were openedTHE CITY COUNCIL OF THE CITY OF
and read on the 14th day of April, 1994 and it hasDUBUQUE, IOWA:
been determined that the bid of River City Paving,Section 1. That the City Manager be
a Division of Mathy Construction Company ofauthorized to execute the amendments for
Kieler, Wisconsin in the amount of $391,183.19engineering services with Fox Engineering, dated
was the lowest bid for the furnishings of all laborMay 2, 1994, for the two improvement projects at
and materials and performing the work as providedthe Eagle Point Water Plant.
for in the plans and specifications.Passed, approved and adopted this 2nd day of
NOW THEREFORE, BE IT RESOLVED BYMay, 1994.
THE CITY COUNCIL OF THE CITY OFTerrance M. Duggan, Mayor
DUBUQUE, IOWA:Attest:
That the contract for the above improvement beKaren M. Chesterman, Deputy City Clerk
awarded to River City Paving, a Division of MathyCouncil Member Voetberg moved adoption of
Construction Company and the Manager be and isthe Resolution. Seconded by Council Member
hereby directed to execute a contract on behalf ofNicholson. Carried by the following vote:
the City of Dubuque for the complete performanceYeas—Mayor Duggan, Council Members
of the work.Kluesner, Krieg, Nagle, Nicholson, Robbins,
BE IT FURTHER RESOLVED:Voetberg. Nays—None.
That upon the signing of said contract and the
approval of the contractor's bond, the CityRESOLUTION NO. 160-94
Treasurer is authorized and instructed to return theNOW, THEREFORE, BE IT RESOLVED BY
bid deposits of the unsuccessful bidders.THE CITY COUNCIL OF THE CITY OF
Passed, approved and adopted this 2nd day ofDUBUQUE, IOWA:
May, 1994.That the following having complied with the
Terrance M. Duggan, Mayorprovisions of law relating to the sale of Cigarettes
147Regular Session, May 2, 1994
within the City of Dubuque, Iowa, be granted aCLASS "C" (COMMERCIAL) BEER AND
permit to sell Cigarettes and Cigarette PapersLIQUOR LICENSE
within said City.Vera StoffelCopper Kettle
Vera StoffelCopper Kettle2987 Jackson
2987 JacksonKelly, Inc.The Finale Lounge
Lynn KruserKC's Downtown Auto Center1701 Central
205 Locust StG & J's, Inc.Windsor Tap
Passed, approved and adopted this 2nd day of2401 Windsor
May, 1994.Passed, approved and adopted this 2nd day of
Terrance M. Duggan, MayorMay, 1994.
Attest:Terrance M. Duggan, Mayor
Karen M. Chesterman, Deputy City ClerkAttest:
Council Member Robbins moved adoption ofKaren M. Chesterman, Deputy City Clerk
the Resolution. Seconded by Council MemberCouncil Member Robbins moved adoption of
Nagle. Carried by the following vote:the Resolution. 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. 161-94
Whereas, applications for Beer Permits haveCouncil Member Krieg left the Chambers.
been submitted and filed to this Council for
approval and the same have been examined andCommunication of City Manager requesting to
approved; andset a public hearing on the Budget Amendment for
Whereas, the premises to be occupied by suchMay 16, 1994, presented and read. Council
applicants were inspected and found to complyMember Nagle moved that the communication be
with the Ordinances of this City and have filedon received and filed. Seconded by Council
proper bonds.Member Nicholson. Carried by the following vote:
NOW, THEREFORE, BE IT RESOLVED BYYeas—Mayor Duggan, Council Members
THE CITY COUNCIL OF THE CITY OFKluesner, Nagle, Nicholson, Robbins, Voetberg.
DUBUQUE, IOWA:Nays—None. Absent—Council Member Krieg.
That the Manager be authorized to cause to be
issued the following named applicants a BeerRESOLUTION NO. 163-94
Permit.
RESOLUTION DIRECTING THE CITY
CLASS "B" BEER PERMIT
CLERK TO PUBLISH PROPOSED
Donna Ginter (Five Day Permit)AMENDMENT TO THE FISCAL YEAR
Sunday Sales7th & Main1994 BUDGET AND DATE OF PUBLIC
DBQ Brewing & Bottling Co.
HEARING
Dubuque Brew Pub500 E. 4thWhereas, it is proposed that the City of
CLASS "C" BEER PERMITDubuque amend its Fiscal Year 1994 Budget; and
Dubuque Yacht Basin, Inc.Whereas, Section 384.16 of the Code of Iowa
Dubuque Yacht Basin1630 E. 16thstipulates that a public hearing must be held on
Passed, approved and adopted this 2nd day ofsuch a budget amendment.
May, 1994.NOW, THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, MayorTHE CITY COUNCIL OF THE CITY OF
Attest:DUBUQUE, IOWA:
Karen M. Chesterman, Deputy City ClerkSection 1. That the City Clerk by and is hereby
Council Member Robbins moved adoption ofauthorized and directed to publish notice of public
the Resolution. Seconded by Council Memberhearing on an amendment to the adopted budget
Nagle. Carried by the following vote:for the City of Dubuque, Iowa.
Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 2nd day of
Kluesner, Krieg, Nagle, Nicholson, Robbins,May, 1994.
Voetberg. Nays—None. Terrance M. Duggan, Mayor
Attest:
RESOLUTION NO. 162-94Karen M. Chesterman, Deputy City Clerk
Whereas, applications for Liquor Licenses haveCouncil Member Nagle moved adoption of the
been submitted to this Council for approval and theResolution setting the Public Hearing for May 16,
same have been examined and approved; and1994 at 7:30 p.m. in the Public Library
Whereas, the premises to be occupied by suchAuditorium and that the City Clerk publish notice
applicants were inspected and found to complyin the manner prescribed by law. Seconded by
with the State Law and all City OrdinancesCouncil Member Nicholson. Carried by the
relevant thereto and they have filed proper bonds.following vote: Yeas—Mayor Duggan, Council
NOW, THEREFORE, BE IT RESOLVED BYMembers Kluesner, Nagle, Nicholson, Robbins,
THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None. Absent—Council
DUBUQUE, IOWA:Member Krieg.
That the Manager be authorized to cause to be
issued the following named applicantsCommunication of the City Manager
a Liquor License. submitting the Proposed Statement of Community
CLASS "A" (CLUB) BEER ANDDevelopment Objectives and Projected Use of
Funds for the CDBG 20th Year, presented and
LIQUOR LICENSEread. Council Member Voetberg moved that the
Dubuque Golf and Country Clubcommunication be received and filed. Seconded
Dbq. Golf & Country Club1800 Randallby Council Member Nagle. Carried by the
Regular Session, May 2, 1994148
following vote: Yeas—Mayor Duggan, CouncilSignals, in the estimated amount of $30,673.27,
Members Kluesner, Nagle, Nicholson, Robbins,are hereby approved and ordered filed in the office
Voetberg. Nays—None. Absent—Councilof the City Clerk for public inspection.
Member Krieg.Passed, adopted and approved this 2nd day of
RESOLUTION NO. 164-94May, 1994.
Terrance M. Duggan, Mayor
RESOLUTION SETTING THE DATE FOR
A PUBLIC HEARING ON THE PROPOSEDAttest:
STATEMENT OF COMMUNITYKaren M. Chesterman, Deputy City Clerk
DEVELOPMENT OBJECTIVES ANDCouncil Member Nagle moved adoption of the
Resolution. Seconded by Council Member
PROJECTED USE OF FUNDS FOR THE
COMMUNITY DEVELOPMENT BLOCKRobbins. Carried by the following vote:
GRANT (CDBG) 20TH PROGRAM YEARYeas—Mayor Duggan, Council Members
Whereas, Section IV, A. of the CommunityKluesner, Nagle, Nicholson, Robbins, Voetberg.
Development Block Grant Citizen ParticipationNays—None. Absent—Council Member Krieg.
Plan for the city of Dubuque provides that the City
shall conduct a public hearing on its ProposedRESOLUTION NO. 166-94
Statement of Community Development Objectives
FIXING DATE OF HEARING ON PLANS
and Projected Use of Funds before submission of aAND SPECIFICATIONS
Final Statement to the U.S. Department of HousingWhereas, the City Council of the City of
and Urban Development; andDubuque, Iowa has given its preliminary approval
Whereas, said Citizen Participation Planon the proposed plans, specifications, and form of
specifies standards for the publication of notices ofcontract and placed same on file in the office of the
such hearings.City Clerk for public inspection of the
NOW, THEREFORE, BE IT RESOLVED BYPennsylvania Avenue at Hempstead High School
THE CITY COUNCIL OF THE CITY OFTraffic Signals.
DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED BY
Section 1. That the City Council shall conductTHE CITY COUNCIL OF THE CITY OF
a public hearing on the Proposed Statement ofDUBUQUE, IOWA:
Community Development Objectives andThat on the 6th day of June, 1994, a public
Projected Use of Funds for the Communityhearing will be held at 7:30 p.m. in the Public
Development Block Grant 20th Program Year atLibrary Auditorium at which time interested
the Carnegie-Stout Public Library Auditorium,persons may appear and be heard for or against the
360 West 11th Street, Dubuque, Iowa on Monday,proposed plans and specifications, form of contract
May 16, 1994, at 7:30 p.m.and cost of said improvement, and the City Clerk
Section 2. That the City Clerk be and is herebybe and is hereby directed to cause a notice of time
directed to publish notice of said public hearing asand place of such hearing to be published in a
required by the City of Dubuque's Citizennewspaper having general circulation in the City of
Participation Plan for the CommunityDubuque, Iowa, which notice shall be not less than
Development Block Grant Program.four days nor more than twenty days prior to the
Passed, approved and adopted this 2nd day ofday fixed for its consideration. At the hearing, any
May, 1994.interested person may appear and file objections to
Terrance M. Duggan, Mayorthe proposed plans, specifications, contract, or
ATTEST:estimated cost of the improvement.
Karen M. Chesterman, Deputy City ClerkPassed, adopted and approved this 2nd day of
Council Member Voetberg moved adoption ofMay, 1994.
the Resolution. Seconded by Council MemberTerrance M. Duggan, Mayor
Nagle. Carried by the following vote:Attest:
Yeas—Mayor Duggan, Council MembersKaren M. Chesterman, Deputy City Clerk
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Council Member Nagle moved adoption of the
Nays—None. Absent—Council Member Krieg.Resolution. Seconded by Council Member
Robbins. Carried by the following vote:
Communication of City Manager submittingYeas—Mayor Duggan, Council Members
documents providing for the construction ofKluesner, Nagle, Nicholson, Robbins, Voetberg.
Traffic Signals on Pennsylvania Ave. in front ofNays—None. Absent—Council Member Krieg.
Hempstead High School, presented and read.
Council Member Nagle moved that theRESOLUTION NO. 167-94
communication be received and filed. SecondedORDERING BIDS
by Council Member Robbins. Carried by theNOW THEREFORE, BE IT RESOLVED BY
following vote: Yeas—Mayor Duggan, CouncilTHE COUNCIL OF THE CITY OF DUBUQUE,
Members Kluesner, Nagle, Nicholson, Robbins,IOWA:
Voetberg. Nays—None. Absent—CouncilThat the Pennsylvania Avenue at Hempstead
Member Krieg.High School Traffic Signals is hereby ordered to
RESOLUTION NO. 165-94be advertised for bids for construction.
PRELIMINARY APPROVAL OF PLANSBE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid shall
AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BYbe in an amount which shall conform to the
THE CITY COUNCIL OF THE CITY OFprovisions of the notice to bidders hereby approved
DUBUQUE, IOWA:as a part of the plans and specifications heretofore
That the proposed plans, specifications, form ofadopted.
contract and estimated cost for the PennsylvaniaThat the City Clerk is hereby directed to
Avenue at Hempstead High School Trafficadvertise for bids for the construction of the
149Regular Session, May 2, 1994
improvements herein provided, to be published inPublic Library Auditorium at which time
a newspaper having general circulation in the Cityinterested persons may appear and be heard for or
of Dubuque, Iowa, which notice shall not be lessagainst the proposed plans and specifications, form
than four days nor more than twenty days prior toof contract and cost of said improvement, and the
the receipt of said bids at 2:00 p.m. on the 26thCity Clerk be and is hereby directed to cause a
day of May, 1994. Bids shall be opened and readnotice of time and place of such hearing to be
by the City Clerk at said time and will bepublished in a newspaper having general
submitted to the Council for final action at 7:30circulation in the City of Dubuque, Iowa, which
p.m. on the 6th day of June, 1994.notice shall be not less than four days nor more
Passed, adopted and approved this 2nd day ofthan twenty days prior to the day fixed for its
May, 1994.consideration. At the hearing, any interested
Terrance M. Duggan, Mayorperson may appear and file objections to the
Attest:proposed plans, specifications, form of contract, or
Karen M. Chesterman, Deputy City Clerkestimated cost of the improvement.
Council Member Nagle moved adoption of thePassed, approved and adopted this 2nd day of
Resolution. Seconded by Council MemberMay, 1994.
Robbins. Carried by the following vote:Terrance M. Duggan, Mayor
Yeas—Mayor Duggan, Council MembersAttest:
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Karen M. Chesterman, Deputy City Clerk
Nays—None. Absent—Council Member Krieg.Council Member Nagle moved adoption of the
Resolution. Seconded by Council Member
Communication of City Manager submittingNicholson. Carried by the following vote:
documents providing for cleaning, repairing andYeas—Mayor Duggan, Council Members
painting of the Pennsylvania Water Tank,Kluesner, Nagle, Nicholson, Robbins, Voetberg.
presented and read. Council Member NagleNays—None. Absent—Council Member Krieg.
moved that the communication be received and
filed. Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—MayorRESOLUTION NO. 170-94
Duggan, Council Members Kluesner, Nagle,ORDERING BIDS
Nicholson, Robbins, Voetberg. Nays—None.NOW THEREFORE, BE IT RESOLVED BY
Absent—Council Member Krieg.THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 168-94Section 1. That the project titled Cleaning,
Repairing and Painting of the Pennsylvania Water
PRELIMINARY APPROVAL OF PLANS
Tower is hereby ordered to be advertised for bids
AND SPECIFICATIONS
Whereas, the proposed plans, specifications andfor construction.
form of contract for the Cleaning, Repairing andSection 2. That the amount of the security to
Painting of the Pennsylvania Water Tower in theaccompany each bid shall be in an amount which
estimated amount of $226,000 have been preparedshall conform to the provisions of the notice to
by IIW Engineers under the direction of the City.bidders hereby approved as part of the plans and
NOW THEREFORE, BE IT RESOLVED BYspecifications heretofore adopted.
THE CITY COUNCIL OF THE CITY OFSection 3. That the City Clerk is hereby
DUBUQUE, IOWA:directed to advertise for bids for the construction of
Section 1. The proposed plans, specifications,the improvements herein provided to be published
and form of contract are approved and orderedin a newspaper having general circulation in the
filed in the office of the City Clerk for publicCity of Dubuque, Iowa, which notice shall not be
inspection.less than four days nor more than twenty days prior
Passed, approved and adopted this 2nd day ofto the receipt of said bids at 2:00 p.m. on the 26th
May, 1994.day of May, 1994. Bids shall be opened and read
Terrance M. Duggan, Mayorby the City Clerk at said time and will be
Attest:submitted to the Council for final action at 7:30
Karen M. Chesterman, Deputy City Clerkp.m. on the 6th day of June, 1994.
Council Member Nagle moved adoption of thePassed, approved and adopted this 2nd day of
Resolution. Seconded by Council MemberMay, 1994.
Nicholson. Carried by the following vote: Terrance M. Duggan,
Yeas—Mayor Duggan, Council MembersMayor
Kluesner, Nagle, Nicholson, Robbins, Voetberg.Attest:
Nays—None. Absent—Council Member Krieg.Karen M. Chesterman, Deputy City Clerk
Council Member Nagle moved adoption of the
Resolution. Seconded by Council Member
RESOLUTION NO. 169-94
FIXING DATE OF HEARING ON PLANSNicholson. Carried by the following vote:
AND SPECIFICATIONSYeas—Mayor Duggan, Council Members
Whereas, the City Council of the City ofKluesner, Nagle, Nicholson, Robbins, Voetberg.
Dubuque, Iowa, has given its preliminary approvalNays—None. Absent—Council Member Krieg.
of the proposed plans, specifications, and form of
contract and placed same on file in the office of theCouncil Member Krieg re-entered the
City Clerk for the Cleaning, Repairing andChambers.
Painting of the Pennsylvania Water Tower.
NOW THEREFORE, BE IT RESOLVED BYPrinted Council Proceedings for months of
THE CITY COUNCIL OF THE CITY OFSeptember, October & November, 1993, presented
DUBUQUE, IOWA:and read. Council Member Voetberg moved that
Section 1. That on the 6th day of June, 1994,the proceedings be approved as printed. Seconded
a public hearing will be held at 7:30 p.m. in theby Council Member Nagle. Carried by the
Regular Session, May 2, 1994150
following vote: Yeas—Mayor Duggan, CouncilWhereas, there has been filed with the City
Members Kluesner, Krieg, Nagle, Nicholson,Clerk a final plat of Lots 1-2 inclusive and Lot A
Robbins, Voetberg. Nays—None. of Ward Commercial in the City of Dubuque,
Iowa; and
MINUTES SUBMITTED — CableWhereas, upon said final plat appears a street to
Community Teleprogramming Commission of 4-5;be known as McDonald Drive, together with
Community Development Commission of 4-13;certain public utility and sanitary and storm sewer
Citizens with Disabilities Parking Revieweasements which the Owner by said final plat has
Committee of 4-12; Environmental Stewardshipdedicated to the public forever; and
Commission of 4-12; Five Flags Commission of 4-Whereas, said final plat has been examined by
18; Historic Preservation Commission of 4-13;the Zoning Commission and had its approval
Housing Code Appeals Board of 4-19; Humanendorsed thereon subject to the owner agreeing to
Rights Commission of 3-14; Investment Oversightthe conditions noted in Section 2 below; and
Commission of 1-25; Zoning Commission of 4-6,Whereas, said final plat has been examined by
presented and read. Council Member Voetbergthe City Council and they find that it conforms to
moved that the minutes be received and filed. the statutes and ordinances relating to it, except
Seconded by Council Member Nagle. Carried bythat no streets or public utilities have yet been
the following vote: Yeas—Mayor Duggan,constructed or installed; and
Council Members Kluesner, Krieg, Nagle,Whereas, the City Council concurs in the
Nicholson, Robbins, Voetberg. Nays—None.conditions of approval established by the Zoning
Commission.
NOTICES OF CLAIMS/SUITS — Estate ofNOW, THEREFORE, BE IT RESOLVED BY
Debra Bartels in unknown amount for wrongfulTHE CITY COUNCIL OF THE CITY OF
death; Ronald J. Jaeger in amount of $34.96 forDUBUQUE, IOWA:
vehicle damages; Marlene Schueller in amount ofSection 1. That the dedication of McDonald
$761.72 for personal injuries, presented and read.Drive, also known as Lot A of Ward Commercial
Council Member Voetberg moved that the claimstogether with the easements for public utilities,
and suits be referred to the Corporation Counselsanitary sewer, storm sewer and water mains as
for investigation and report. Seconded by Councilthey appear upon said final plat, be and the same
Member Nagle. Carried by the following vote:are hereby accepted; and
Yeas—Mayor Duggan, Council MembersSection 2. That the plat of Lots 1-2 inclusive
Kluesner, Krieg, Nagle, Nicholson, Robbins,and Lot A of Ward Commercial is hereby
Voetberg. Nays—None. approved and the Mayor and City Clerk are hereby
Communications of Corporation Counselauthorized and directed to endorse the approval of
advising following claims have been referred tothe City of Dubuque, Iowa, upon said final plat,
Crawford & Company, the agent for the Iowaprovided the owner of said property herein named,
Communities Assurance Pool: Personal injury ofexecutes his written acceptance hereto attached
Tommy L. Boots; Car damage of Tony J. Dailey;agreeing:
Personal injury of Madeline Krier, presented anda.To reduce McDonald Drive to grade and to
read. Council Member Voetberg moved that theconstruct concrete curb and gutter and to hard
communications be received and filed. Secondedsurface with asphaltic concrete, or with
by Council Member Nagle. Carried by theconcrete paving with integral curb, all in
following vote: Yeas—Mayor Duggan, Councilaccordance with the City of Dubuque standard
Members Kluesner, Krieg, Nagle, Nicholson,specifications; all in a manner acceptable to the
Robbins, Voetberg. Nays—None. City Engineer and in conformance with
Communication of Corporation Counselconstruction improvement plans approved by
advising of the Stipulation of Settlement of a taxthe City Engineer.
assessment appeal of real estate owned by St.b.To install sanitary sewer mains and sewer
Luke's United Methodist Church, presented andservice laterals into each individual lot, water
read. Council Member Voetberg moved that themains and water service laterals into each
communication be received and filed. Secondedindividual lot, storm sewers and catch basins,
by Council Member Nagle. Carried by theboulevard street lighting and erosion control
following vote: Yeas—Mayor Duggan, Councildevices all in accordance with the City of
Members Kluesner, Krieg, Nagle, Nicholson,Dubuque standard specifications and in
Robbins, Voetberg. Nays—None. accordance with construction improvement
plans approved by the City Engineer, and
Communication of City Managerinspected by the City Engineer.
recommending approval of final plat located inc.To construct said improvements, except
Ward Commercial Subd., presented and read. sidewalks, prior to two years from the date of
Council Member Voetberg moved that theacceptance of this resolution, at the sole
communication be received and filed. Secondedexpense of the subdivider, as owner, or future
by Council Member Nagle. Carried by theowner;
following vote: Yeas—Mayor Duggan, Councild.To maintain the public improvements, except
Members Kluesner, Krieg, Nagle, Nicholson,sidewalks, for a period of two (2) years from
Robbins, Voetberg. Nays—None. the date of the acceptance of those
improvements by the City of Dubuque, Iowa, at
RESOLUTION NO. 171-94the sole expense of the subdivider, as owner, or
A RESOLUTION APPROVING THE FINALfuture owner;
e.To construct sidewalks in accordance with the
PLAT OF LOTS 1-2 INCLUSIVE AND LOT
A OF WARD COMMERCIAL IN THE CITYrequirements of Section 42-24(e) of the City
OF DUBUQUE, IOWA.Code, specifically:
151Regular Session, May 2, 1994
Sidewalk installation shall be the responsibility
DUBUQUE, IOWA AND DUBUQUE
of the owner of the property abutting the publicTERMINALS, INC. TO DUBUQUE BANK
right-of-way. The responsibility shall extend toAND TRUST COMPANY FOR SECURITY
all successors, heirs and assignees. SidewalkWhereas, the City of Dubuque, Iowa (City) has
installation will not be required until theleased to Dubuque Terminals, Inc., an Iowa
development of the lot has been completed,Corporation (Lessee) certain real property located
except as required herein. In sparselyin and adjacent to the Ice Harbor, Dubuque, Iowa,
developed subdivisions, sidewalks onpursuant to a lease dated December 7, 1963; and
developed lots will not be required until 50% ofWhereas, Dubuque Terminals, Inc. is desirous
the lots approved by the plat have beenof assigning its lease with the City of Dubuque to
developed. All vacant lots shall have sidewalksthe Dubuque Bank and Trust Company as security
installed upon development of 80% of the lotson a loan for the benefit of the business conducted
approved by the plat.on the leased premises; and
f.To install temporary cul-de-sac(s) at the westWhereas, the lease agreement between the City
line of Lot 1 of Ward Commercial, as shown onof Dubuque and Dubuque Terminals, Inc. allows
the approved construction improvement plans.an assignment of the lease by the Lessee, at its
And further provided that said John Ward, asoption, upon prior written approval of the City;
owner of said property, shall secure theand
performance of the foregoing conditions providedWhereas, the City Council of the City of
in Section 2 by providing security in such form andDubuque, Iowa has determined that it is in the best
with such sureties as may be acceptable to the Cityinterest of the City to consent to such assignment.
Manager of the City of Dubuque, Iowa.NOW, THEREFORE, BE IT RESOLVED BY
Section 3. That in the event John Ward shallTHE CITY COUNCIL OF THE CITY OF
fail to execute the acceptance and furnish theDUBUQUE, IOWA:
security provided in Section 2 hereof within forty-Section 1. That the assignment of lease
five (45) days after the date of the Resolution, theattached hereto from Dubuque Terminals, Inc. to
provisions hereof shall be null and void and thethe Dubuque Bank and Trust Company is hereby
acceptance of the dedication and approval the platapproved.
shall not be effective.Section 2. That the Mayor be authorized and
Passed, approved and adopted this 2nd day ofdirected to sign said assignment of lease on behalf
May, 1994.of the City of Dubuque, Iowa.
Terrance M. Duggan, MayorPassed, approved and adopted this 2nd day of
ATTEST:May, 1994.
Karen M. Chesterman, Deputy City ClerkTerrance M. Duggan, Mayor
ACCEPTANCE OF RESOLUTIONAttest:
NO. 171-94Karen M. Chesterman, Deputy City Clerk
I, the undersigned, John Ward, having read theCouncil Member Voetberg moved adoption of
terms and conditions of the Resolution No. 171-94the Resolution. Seconded by Council Member
and being familiar with the conditions thereof,Nagle. Carried by the following vote:
hereby accept this same and agree to the conditionsYeas—Mayor Duggan, Council Members
required therein.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Dated in Dubuque, Iowa this 11th day of May,Voetberg. Nays—None.
1994.
By /s/ John WardRESOLUTION NO. 173A-94
TO: Mary A. Davis
RESOLUTION AUTHORIZING THE
City Clerk
ASSIGNMENT OF A LEASE BETWEEN
This is to certify that the required security forTHE CITY OF DUBUQUE, IOWA AND
the above Resolution No. 171-94 has beenDUBUQUE TERMINALS, INC. TO
properly filed.
DUBUQUE BANK AND TRUST COMPANY
Dated at Dubuque, Iowa, this 11th day of May,FOR SECURITY
1994.Whereas, the City of Dubuque, Iowa (City) has
Michael C. Van Milligen, City Managerleased to Dubuque Terminals, Inc., an Iowa
Council Member Voetberg moved adoption ofCorporation (Lessee) certain real property located
the Resolution. Seconded by Council Memberin and adjacent to the Ice Harbor, Dubuque, Iowa,
Nagle. Carried by the following vote:pursuant to a lease dated February 11, 1962 and as
Yeas—Mayor Duggan, Council Membersamended on February 11, 1963, July 14, 1967,
Kluesner, Krieg, Nagle, Nicholson, Robbins,and January 28, 1982; and
Voetberg. Nays—None. Whereas, Dubuque Terminals, Inc. is desirous
of assigning its lease with the City of Dubuque to
Communication of City Managerthe Dubuque Bank and Trust Company as security
recommending assignment of three leases ofon a loan for the benefit of the business conducted
Dubuque Tank Terminals, Inc. to Dubuque Bankon the leased premises; and
and Trust Co. as security on a loan, presented andWhereas, the lease agreement between the City
read. Council Member Voetberg moved that theof Dubuque and Dubuque Terminals, Inc. allows
communication be received and filed. Secondedan assignment of the lease by the Lessee, at its
by Council Member Nagle. Carried by theoption, upon prior written approval of the City;
following vote: Yeas—Mayor Duggan, Counciland
Members Kluesner, Krieg, Nagle, Nicholson,Whereas, the City Council of the City of
Robbins, Voetberg. Nays—None. Dubuque, Iowa has determined that it is in the best
interest of the City to consent to such assignment.
NOW, THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 172A-94RESOLUTION
THE CITY COUNCIL OF THE CITY OF
AUTHORIZING THE ASSIGNMENT OF A
LEASE BETWEEN THE CITY OFDUBUQUE, IOWA:
Regular Session, May 2, 1994152
Section 1. That the assignment of leaseVoetberg moved that the communication be
attached hereto from Dubuque Terminals, Inc. toreceived and filed. Seconded by Council Member
the Dubuque Bank and Trust Company is herebyNagle. Carried by the following vote:
approved.Yeas—Mayor Duggan, Council Members
Section 2. That the Mayor be authorized andKluesner, Krieg, Nagle, Nicholson, Robbins,
directed to sign said assignment of lease on behalfVoetberg. Nays—None.
of the City of Dubuque, Iowa.
Passed, approved and adopted this 2nd day ofFinance Director submitting financial reports
May, 1994.for month of March, 1994, and City Manager
Terrance M. Duggan, Mayorsubmitting Quarterly Investment report, presented
Attest:and read. Council Member Voetberg moved that
Karen M. Chesterman, Deputy City Clerkthe reports be received and filed. Seconded by
Council Member Voetberg moved adoption ofCouncil Member Nagle. Carried by the following
the Resolution. Seconded by Council Membervote: Yeas—Mayor Duggan, Council Members
Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins,
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. There being no further business, Council
Member Nagle moved to adjourn. Seconded by
RESOLUTION NO. 174A-94Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Duggan, Council
RESOLUTION AUTHORIZING THE
ASSIGNMENT OF A SUBLEASE BETWEENMembers Kluesner, Krieg, Nagle, Nicholson,
THE CITY OF DUBUQUE, IOWA ANDRobbins, Voetberg. Nays—None. Meeting
adjourned at 11:14 p.m.
DUBUQUE TERMINALS, INC. TO
DUBUQUE BANK AND TRUST COMPANY
FOR SECURITYKaren M. Chesterman
Whereas, the City of Dubuque, Iowa (City) hasDeputy City Clerk
subleased to Dubuque Terminals, Inc., an Iowa
Corporation (Lessee) certain real property located
in and adjacent to the Ice Harbor, Dubuque, Iowa,
pursuant to a sublease dated November 20, 1962;
and
Whereas, Dubuque Terminals, Inc. is desirous
of assigning its sublease with the City of Dubuque
to the Dubuque Bank and Trust Company as
security on a loan for the benefit of the business
conducted on the subleased premises; and
Whereas, the sublease agreement between the
City of Dubuque and Dubuque Terminals, Inc.
allows an assignment of the sublease by the Lessee,
at its option, upon prior written approval of the
City; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that it is in the best
interest of the City to consent to such assignment.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the assignment of sublease
attached hereto from Dubuque Terminals, Inc. to
the Dubuque Bank and Trust Company is hereby
approved.
Section 2. That the Mayor be authorized and
directed to sign said assignment of sublease on
behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 2nd day of
May, 1994.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption of
the Resolution. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communication of City Manager submitting
progress report on the Two Hour Parking Zone on
Bryant St. and requesting it be brought back on a
later date, presented and read. Council Member
153Regular Session, May 2, 1994
Approved ______________________, 1995.
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk
157Special Session, May 9, 1994
____________________________________
Mayor
DUBUQUE
____________________________________
CITY COUNCIL
____________________________________
OFFICIAL
____________________________________
PROCEEDINGS
____________________________________
City Council, Special Session, May 9, 1994
Council met at 7:00 p.m., Conference Room "B",
City Hall____________________________________
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
____________________________________
Voetberg, City Manager Michael C. Van Milligan.
Council Members
Mayor Duggan read the call and stated this is a
Closed Session in accordance with Chapter 21.5 lAttest:
(i) of the 1993 State Code of Iowa to evaluate the
professional competency of the City Manager who
____________________________________
has requested a Closed Session.
City Clerk
At 7:02 p.m., Council Member Voetberg
moved to go into Closed Session to evaluate the
professional competency of the City Mansdager
who has requested a Closed Session. Seconded by
Council Member Nagle. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays—None.
Council reconvened Regular Session at 8:55
p.m.
The Clerk was directed to place the matter of a
salary adjustment for the City Manager on the
May 16th Council Meeting.
There being no further business, Council
Member Voetberg moved to adjourn the meeting.
Seconded by Council Member Nagle. Carried by
the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays—None. Meeting
adjourned at 9:00 p.m.
Mary A. Davis CMC
City Clerk
Approved ______________________, 1995.
Adopted _______________________, 1995.
Regular Session, May 16, 1994158
Tom Bishop, Medical Associates CEO,
requested approval of the project. Chuck Heath
DUBUQUE
and Dave Bauer gave background information on
the project. Karen O'Rourke questioned certain
aspects of the proposed project.
CITY COUNCIL
An Ordinance Amending Zoning Ordinance to
reclassify property located East of the Northwest
OFFICIALArterial at Chavenelle Road from R-1 Single-
Family Residential District to PUD Planned Unit
PROCEEDINGS
Development District with a PC Planned
Commercial District designation and a PR Planned
Residential District designation and adopting a
City Council, Regular Session, May 16, 1994Conceptual Development Plan, with Conditions,
said Ordinance presented at meeting of 4-18-94,
Council Met at 7:30 p.m., Public Library
was set for hearing only at that time with no
Auditorium
Present: Mayor Duggan, Council Membersreadings given, now presented for further action.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,(OFFICIAL PUBLICATION)
Corporation Counsel Barry A. Lindahl.ORDINANCE NO. 24-94
AN ORDINANCE AMENDING APPENDIX
Mayor Duggan read the call and stated this isA (THE ZONING ORDINANCE) OF THE
the Regular Session of the City Council called forCITY OF DUBUQUE CODE OF
the purpose to act upon such business which mayORDINANCES BY RECLASSIFYING
properly come before the Council.HEREINAFTER DESCRIBED PROPERTY
LOCATED EAST OF THE NORTHWEST
Invocation was given by Rev. George Bauman,ARTERIAL AT CHAVENELLE ROAD
Pastor of Holy Trinity Lutheran Church.FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT
PROCLAMATIONS — Month of May 1994
as "Mental Health Month" received by Pat Flynn;DISTRICT WITH A PC PLANNED
May 19 as "Senior Power Day" received by JoanCOMMERCIAL DISTRICT DESIGNATION
Hearn and Susie Gilkerson; Week of May 16-23AND A PR PLANNED RESIDENTIAL
as "Dubuquefest/Very Special Arts Week of 1994"DISTRICT DESIGNATION AND
received by Melissa Yousse; May 16-22 asADOPTING A CONCEPTUAL
"Historic Preservation Week 1994" received byDEVELOPMENT PLAN, WITH
CONDITIONS.
Sara Daines; June 5th as "National Cancer
NOW, THEREFORE, BE IT ORDAINED BY
Survivor's Day" received by Kevin Sweeney; May
15 as "Peace Officers Week" and May 22nd asTHE CITY COUNCIL OF THE CITY OF
"Peace Officers Memorial Day" received by PoliceDUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of
Chief John Mauss.
the City of Dubuque Code of Ordinances is hereby
Certificates of Appreciation were presented toamended by reclassifying the hereinafter described
Al Kotz and Larry Van Natta for 25 years ofproperty from R-1 Single-Family Residential
District to PUD Planned Unit Development
service to Dubuque Auxiliary Police.
District with a PC Planned Commercial District
Council Member Voetberg moved that the rulesdesignation and a PR Planned Residential District
be suspended to allow anyone present to addressdesignation and adopting a conceptual
development plan, a copy of which is attached to
the Council if they so desire. Seconded by Council
Member Nagle. Carried by the following vote:and made a part hereof, with conditions as stated
Yeas—Mayor Duggan, Council Membersbelow, to wit:
Lot 2 of Lot 8, Sunset Park Sixth Addition; Lot
Kluesner, Krieg, Nagle, Nicholson, Robbins,
C, Sunset Park Eighth Addition; and Lot 1 of
Voetberg. Nays—None.
the SE 1/4 NW 1/4, Lot 1 of Lot 2 of the SW
Proof of publication certified to by the1/4 NW 1/4, Lot 1 of the NE 1/4 SW 1/4; and
Lot 1 of Lot 2 of the NW 1/4 SW 1/4, all in
Publisher on Notice of Hearing to consider
Sec. 28, T. 89 N., R. 2 E. of the 5th p.m., to the
rezoning of property on Northwest Arterial at
Chavenelle Road from R-1 to PUD District with acenter line of the adjoining public right-of-way,
PC designation and a PR District Designation;all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
Communication of Zoning Commission advising
of their reconsideration given regarding above414.5 (1993), and as an express condition of the
rezoning and recommending approval of rezoningreclassification, the undersigned property owner(s)
agree(s) to the following conditions, all of which
as requested by Medical Associates; copy of
the property owner(s) further agree(s) are
communication to Council Member Kluesner from
Cletus A. and Annette Gartner objecting toreasonable and imposed to satisfy the public needs
rezoning request by Medical Associates off of thethat are caused directly by the zoning
reclassification:
Northwest Arterial, presented and read. Council
A.Use Regulations.
Member Nagle moved that the proof and
communications be received and filed. SecondedThe following regulations shall apply to all
by Council Member Nicholson. Carried by theuses made of land in the PUD District in
accordance with the conceptual development
following vote: Yeas—Council Members
plan:
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—Mayor Duggan.
159Regular Session, May 16, 1994
1)Phases 1, 2 and 3 Business—All principalsafe and convenient circulation may be
permitted, accessory, conditional andplaced in accordance with the green ways,
temporary uses allowed in the C-3City park land, natural preserve and open
General Commercial District asspace areas designated on the conceptual
established in Section 3-3.3 of the Zoningdevelopment plan and constructed in
Ordinance.accordance with City standards away
2)Phase 1 Residential—All principalfrom the street system to link dwelling
permitted, accessory, conditional andunits with other dwelling units, streets and
temporary uses allowed in the R-2 Two-on-site activity centers such as parking
Family Residential District as establishedand recreation areas.
in Section 3-1.2 of the Zoning Ordinance.6)Final site development plans shall be
3)Phase 2 Residential—All principalsubmitted to the City Planner for approval
permitted, accessory, conditional andprior to the issuance of building permits
temporary uses allowed in the R-3and/or related construction permits in
Moderate Density Multi-Familyaccordance with Sections 3-5.5 and 4-4 of
Residential District as established inthe Zoning Ordinance, unless otherwise
Section 3-1.4 of the Zoning Ordinance.exempted.
4)Phase 3 Residential—All principal7)Major final site development plans for
permitted, accessory, conditional andPhases 1, 2 and 3 Business also shall be
temporary uses allowed in the R-4 Multi-submitted to the Zoning Commission.
Family Residential District as establishedThe Commission shall approve the site
in Section 3-1.5 of the Zoning Ordinance.plans if they are determined to be in
5)City Park Land and Naturalsubstantial conformance with the
Preserve—Public and private parks,conceptual development plan.
nature preserve and similar passive and7)Parking requirements shall be in
active recreational uses.accordance with Section 4-2 of the Zoning
B.Development, Lot and Bulk Regulations.Ordinance.
Development of land in the PUD District shall8)Preliminary and final subdivision plats
be regulated as follows:shall be submitted to the City Planner for
1)All buildings, structures and activitiesapproval in accordance with Chapter 42
shall be developed in conformance with(Subdivision Regulations) of the Code of
the conceptual development plan and allOrdinances.
final site development plans shall be9)All streets shall be dedicated to the public.
approved in accordance with provisions ofD.Open Space and Recreational Areas
this ordinance and of Sections 3-5.5, 4-41)Those areas not designated on the
and 4-5 of the Zoning Ordinance.conceptual development plan for
2)All buildings and structures shall bedevelopment, And those areas designated
located in accordance with the lot andon said plan as green way, shall be
bulk regulations of the Districts identifiedmaintained as open space, as defined by
in Section 2. A. of this ordinance forSection 8 of the Zoning Ordinance, by the
Phases 1, 2 and 3 Business and Phases 1,property owner(s) and/or property or
2 and 3 Residential, and in accordancehome owners' association.
with the bulk regulations of the POS2)Those areas designated on the conceptual
Public Open Space District for City Parkdevelopment plan as City park land and
Land and Natural Preserve, as establishednatural preserve shall be dedicated to the
in Section 3-5.4 of the Zoning Ordinance.City of Dubuque in accordance with
3)A maximum building height of 40 feetChapter 42 (Subdivision Regulations) of
shall be allowed for the medical andthe Code of Ordinances.
commercial uses, except a maximum 30E.Sign Regulations.
feet height limit shall be required for LotThe sign regulations for the PUD District shall
1.be in accordance with Section 4-3.11 of the
C.Performance Standards.Zoning Ordinance as follows:
The development and maintenance of uses in1)Phases 1, 2 and 3 Business (Medical
this PUD District shall be established inOffice): ID Institutional District.
conformance with Section 3-5.5 of the Zoning2)Phases 1, 2 and 3 Business
Ordinance and the following standards:(Office/Retail/Service): C-3 District.
1)Lighting shall be provided per City3)Phases 1, 2 and 3 Residential, City Park
standards.Land and Natural Preserve: R-1 District.
2)Landscaping shall be provided inF.Additional Standards.
compliance with Section 4-5 of the1)The conceptual development plan shall be
Zoning Ordinance and as stipulated in thevalid for a period of ten (10) years. The
conceptual development plan.Zoning Commission may grant an
3)All utilities including telephone and cableextension in accordance with Section 3-
television shall be installed underground.5.5 of the Zoning Ordinance.
4)Sidewalks shall be placed four (4) feet2)No buildings may be erected and no uses
behind the curb parallel to the street on allmay occupy any portion of the PUD
public street frontages and connectingDistrict until the required related off-site
commercial, residential and institutionalimprovements are constructed or
areas and constructed in accordance withappropriate security as determined by the
City standards.City Manager is provided to insure
5)To preserve topographical and naturalconstruction. As the PUD District is to be
features and to provide visual interest, andeveloped in phases, all improvements
alternative pedestrian system that providesnecessary for the proper operation and
Regular Session, May 16, 1994160
functioning of each phase, even thoughMeeting prior to the meeting at which it is to be
some improvements may be locatedfinally passed be suspended. Seconded by Council
outside of the phase under development orMember Nicholson. Carried by the following vote:
outside the PUD District, must beYeas—Council Members Kluesner, Krieg, Nagle,
constructed and installed or appropriateNicholson, Robbins, Voetberg. Nays—Mayor
security as determined by the CityDuggan. Council Member Voetberg moved final
Manager must be provided to insure theirconsideration and passage of the Ordinance.
construction.Seconded by Council Member Nagle. Carried by
3)Access to the Northwest Arterial forthe following vote: Yeas—Council Members
Phases 1, 2 and 3 Business shall beKluesner, Krieg, Nagle, Nicholson, Robbins,
approved by the City Council and limitedVoetberg. Nays—Mayor Duggan.
to a full, signalized intersection at
Chavenelle Road, provided a restrictedADJOURNED FROM MEETING OF MAY
emergency-only access approved by the2, 1994 - Proof of publication certified to by the
Fire Marshal shall be provided toPublisher on Notice of Public Hearing to consider
Donovan and Welu Drives.rezoning property located on Geraldine Drive from
G.Transfer of OwnershipR-1 to PUD District with a Planned Residential
Transfer of ownership or lease of property inDistrict Designation and adopting a Conceptual
this PUD District shall include in the transfer orDevelopment Plan; Communications of Everett J.
lease agreement a provision that the purchaserFlynn, Donna M. & Charles J. Juergens, David W.
or lessee acknowledges awareness of theHarris, Jerome P. and Laura S. Schroeder, Marlin
conditions authorizing the establishment of theF. Jorgensen, David Hudson, Rose Abresch, Larry
district.Abresch, and Richard and JoAnn Capra objecting
H.Reclassification of Subject Property. to rezoning of property as requested and
The City of Dubuque, Iowa, may initiatecommunication of Mary Lou Mulgrew endorsing
zoning reclassification proceedings to the R-1the rezoning, presented and read. Council Member
Single-Family Residential District inVoetberg moved that the proof and
accordance with Section 6 of the Zoningcommunications be received and filed. Seconded
Ordinance if the property owner(s) fail(s) toby Council Member Kluesner. Carried by the
complete or maintain any of the conditions offollowing vote: Yeas—Council Members
this ordinance.Kluesner, Krieg, Robbins, Voetberg.
I.Modifications.Nays—Mayor Duggan, Council Members Nagle,
Any modifications of this ordinance must beNicholson.
approved by the Zoning Commission and/or
City Council in accordance with Sections 3-5.5Alan Israel, the developer, submitted revised
and 6 of the Zoning Ordinance.plans. Gary Meyer of Valentine Dr., John Ewoldt,
J.Recording.1020 Valentine, Chuck Juergens of 1030
A copy of this ordinance shall be recorded atValentine, Jerome Schroeder, 1554 Kelly Lane,
the expense of the property owner(s) with theDennis Tressel of 970 Valentine, and Brian Kane,
Dubuque County Recorder as a permanentAttorney representing neighborhood, all spoke
record of the conditions accepted as part of thisobjecting to proposed project.
reclassification approval within ten (10) days
after the adoption of this ordinance. ThisAn Ordinance Amending Zoning Ordinance by
ordinance shall be binding upon thereclassifying properties located on Geraldine Drive
undersigned and his/her heirs, successors andfrom R-1 Single-Family Residential District to
assigns.PUD Planned Unit District with a Planned
Section 3. The foregoing amendment hasResidential District Designation and adopting a
heretofore been reviewed by the ZoningConceptual Development Plan, (first reading only
Commission of the City of Dubuque, Iowa.given at meeting of 4-18-94 - Zoning Commission
Section 4. The foregoing amendment shall takeapproved rezoning, however, due to written
affect upon publication, as provided by law.protests containing 30% of the property owners
Passed, approved and adopted this 16th day ofwhich are located within 200 feet, a 3/4 majority
May, 1994.vote is needed by the City Council to approve the
Terrance M. Duggan, Mayorrequest), presented for further action. Council
ATTEST:Member Voetberg moved final consideration and
Mary A. Davis, City Clerkpassage of the Ordinance, as amended. Seconded
ACCEPTANCE OF ORDINANCE NO. 24-94by Council Member Kluesner. Vote on the motion
I, Thomas Bishop, for Medical Associateswas as follows: Yeas—Council Members
Clinic, P.C., and Carl and Mary Ann Burbach,Kluesner, Krieg, Robbins, Voetberg.
property owners, having read the terms andNays—Mayor Duggan, Council Members Nagle,
conditions of the foregoing Ordinance No. 24-94Nicholson. MOTION FAILED DUE TO LACK
and being familiar with the conditions thereof,OF A 3/4 VOTE.
hereby accept the same and agree to the conditions
required therein.Council recessed at 9:20 p.m.; Council
Dated this 16th day of May, 1994.reconvened at 9:35 p.m.
By: /s/Thomas Bishop, CEO
Medical Associates Clinic, P.C.Proof of publication certified to by the
Publisher on Notice of Public Hearing on
Published officially in the Telegraph Herald
newspaper this 20th day of May, 1994.reclassifying property located on Elm Street from
1t 5/24Mary A. Davis CMC, City ClerkR-2A District to CS District, presented and read.
Council Member Nagle moved that theCouncil Member Voetberg moved that the proof of
publication be received and filed. Seconded by
requirement that a proposed Ordinance be
considered and voted on for passage at one CouncilCouncil Member Nagle. Carried by the following
161Regular Session, May 16, 1994
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
John Herrig representing Terry & Carol Lyons
and also Terry Lyons of American Tree Service,
requested rezoning for the Lyons' landscaping
business.
An Ordinance Amending Zoning Map by
reclassifying properties located between 2120 and
2130 Elm Street from R-2A Alternate Two-Family
Residential District to CS Commercial Service and
Wholesale District. (Presented at meeting of 4-18-
94 - Set for hearing only at that time - No readings
given - 3/4 vote required as Zoning Commission
denied request), presented for further action.
Council Member Voetberg moved to concur with
the denial. Motion failed due to lack of a second.
Council Member Krieg moved to table action to
the Council Meeting of June 20, 1994. Seconded
by Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins. Nays—Council Member Voetberg.
Proof of publication certified to by the
Publisher on Notice of Public Hearing on
Amendment of Current City Budget and
Resolution adopting amendment; communication
of Karen O'Rourke, on behalf of Metropolitan
Organizing Projects, advising of making a
presentation in opposition to FY 1993-94 Budget
amendments and communication of City Manager
requesting approval of amendment, presented and
read. Council Member Kluesner moved that the
proof and communications be received and filed.
Seconded by Council Member Nicholson. Carried
by the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Karen O'Rourke questioned facets of the budget
amendment, objecting to confusing presentation.
Regular Session, May 16, 1994162
Council Member Kluesner moved adoption ofWhereas, the City Council finds that the
the Resolution. Seconded by Council MemberProposed Statement has been developed so as to
Nicholson. Carried by the following vote:give maximum feasible priority to activities which
Yeas—Mayor Duggan, Council Membersbenefit low and moderate income families or aid in
Kluesner, Krieg, Nagle, Nicholson, Robbins,the prevention or elimination of slums or blight;
Voetberg. Nays—None. and,
Whereas, a Final Statement of Community
Proof of publication certified to by theDevelopment Objectives and Projected Use of
Publisher on Notice of Hearing on proposedFunds has been prepared from the Proposed
Statement of Community Development ObjectivesStatement and by this reference is made a part
and projected use of funds for CDBG 20thhereof.
Program Year, presented and read. CouncilNOW, THEREFORE, BE IT RESOLVED BY
Member Voetberg moved that the proof ofTHE CITY COUNCIL OF THE CITY OF
publication be received and filed. Seconded byDUBUQUE, IOWA:
Council Member Nicholson. Carried by theSection 1. That the attached Final Statement of
following vote: Yeas—Mayor Duggan, CouncilCommunity Development Objectives and
Members Kluesner, Krieg, Nagle, Nicholson,Projected Use of Funds for the City of Dubuque
Robbins, Voetberg. Nays—None. Community Development Block Grant for the
Walter Pregler, Chairperson of GDC, stated the20th Program Year is hereby approved.
process of holding public hearings etc. wasSection 2. That the Mayor of the City of
properly done. Chuck Isenhart, Tri-State HealthDubuque is hereby authorized and directed to
C.A.R.E. Coalition requesting approval of theexecute all necessary documentation in support of
funds in amount of $20,000.00. Karen O'Rourkethe submission of the Final Statement to the U.S.
also commented.Department of Housing and Urban Development.
Section 3. That the City Manager is hereby
RESOLUTION NO. 173-94authorized and directed to publish notice of the
availability of the approved Final Statement as
RESOLUTION APPROVING A FINAL
STATEMENT OF COMMUNITYprovided in the Citizen Participation Plan for the
DEVELOPMENT OBJECTIVES ANDCity of Dubuque.
PROJECTED USE OF FUNDS FOR THESection 4. That the City Manager is hereby
authorized and directed to submit the Final
CITY OF DUBUQUE COMMUNITY
DEVELOPMENT BLOCK GRANT 20THStatement to the U.S. Department of Housing and
PROGRAM YEAR AND AUTHORIZINGUrban Development together with such other
documents as may be required.
PUBLISHED NOTICE AND FILING
Passed, approved and adopted this 16th day of
THEREOF.
Whereas, the City of Dubuque is entitled toMay, 1994.
participate in the Community Development BlockTerrance M. Duggan, Mayor
Grant Program authorized under the provisions ofAttest:
Title I of the Housing and CommunityMary A. Davis, City Clerk
Development Act of 1974, as amended; and,Council Member Voetberg moved adoption of
Whereas, the regulations for the Communitythe Resolution. Seconded by Council Member
Development Block Grant Program require thatNicholson. Carried by the following vote:
each grantee must file with the U.S. Department ofYeas—Mayor Duggan, Council Members
Housing and Urban Development, a FinalKluesner, Krieg, Nagle, Nicholson, Robbins,
Statement of Community Development ObjectivesVoetberg. Nays—None.
and Projected Use of Funds; and
Whereas, on April 28, 1994, pursuant to
published notice, the Community DevelopmentBOARDS AND COMMISSIONS
Commission of the City of Dubuque held a public
LONG RANGE PLANNING
hearing on a Proposed Statement of CommunityCOMMISSION:
Development Objectives and Projected Use ofOne unexpired term which will expire 7-1-96
Funds as provided for in the Citizen Participation(Term of J. Mozena). Applicants: Gordon R.
Plan for the City of Dubuque; and,
Fowler, Gregory E. Malm. Vote on the
Whereas, the Community Developmentappointment was as follows: Mayor Duggan voted
Commission has approved said Proposedfor Fowler; Council Member Kluesner voted for
Statement and has forwarded its recommendationMalm; Council Member Krieg voted for Fowler;
for approval on to the City Council; and,
Council Member Nagle voted for Malm; Council
Whereas, the City Council has set a publicMember Nicholson voted for Fowler; Council
hearing on the Proposed Statement for its meetingMember Robbins voted for Fowler; Council
of May 16, 1994, and due and proper notice ofMember Voetberg voted for Malm. Therefore,
said hearing has been given as provided by theGordon R. Fowler appointed to the unexpired term
Citizen Participation Plan, which notice set forthwhich will expire 7-1-96.
the time and place for this hearing and the nature
and purposes thereof; and,
Appointment to the Greater Dubuque
Whereas, in accordance with said notice, allDevelopment Corporation Board (G.D.D.C.):
persons or organizations desiring to be heard onCouncil Member Kluesner moved that Mayor
said Proposed Statement have been given anDuggan and Council Members Nicholson and
opportunity to be heard with regard thereto, and
Krieg plus the City Manager be representatives on
due consideration has been given to all commentsthat Board. Seconded by Council Member Nagle.
and views expressed to this Council in connectionCarried by the following vote: Yeas—Mayor
therewith and said public hearing has been closed;Duggan, Council Members Kluesner, Krieg,
and,
Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
163Regular Session, May 16, 1994
Communication of Dubuque County Board ofPartnership Program and the Community
Supervisors requesting Council to reconsider theirDevelopment Block Grant Program.
action regarding budgeting monies to establish aSection 3. That upon execution of said
center for examinations for sexually transmittedcontracts, the City Manager is hereby authorized
diseases, presented and read. Council Memberand directed to disburse program funds in support
Kluesner moved that the communication beof the approved projects and in accordance with
received and filed and an appropriation of $4000the terms and conditions established in said
be made. Seconded by Council Member Krieg.contracts.
Vote on the motion was as follows: Yeas—CouncilPassed, approved and adopted this 16th day of
Members Kluesner, Krieg, and Voetberg.May, 1994.
Nays—Mayor Duggan, Council Members Nagle,Terrance M. Duggan, Mayor
Nicholson and Robbins. Motion failed.Attest:
Mary A. Davis, City Clerk
Communication of City Manager requestingCouncil Member Krieg moved adoption of the
approval to distribute the Community PartnershipResolution, as amended. Seconded by Council
Program (cp2) funds, presented and read. CouncilMember Nicholson. Carried by the following vote:
Member Krieg moved that the communication beYeas—Mayor Duggan, Council Members
received and filed. Seconded by Council MemberKluesner, Krieg, Nagle, Nicholson, Robbins,
Nicholson. Carried by the following vote:Voetberg. Nays—None.
Yeas—Mayor Duggan, Council MembersCommunication of City Manager
Kluesner, Krieg, Nagle, Nicholson, Robbins,recommending execution of a Community
Voetberg. Nays—None. Development Block Grant and CEBA Loan
Agreement with Eagle Point Corporation,
RESOLUTION NO. 174-94 presented and read. Council Member Nagle
RESOLUTION AUTHORIZING THEmoved that the communication be received and
AWARD OF COMMUNITY PARTNERSHIPfiled. Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
PROGRAM (CP2) FUNDS
Whereas, under the provisions of Title I of theDuggan, Council Members Kluesner, Krieg,
Housing and Community Development Act ofNagle, Nicholson, Robbins, Voetberg.
1974, as amended, the City of Dubuque hasNays—None.
received Community Development Block Grant
(CDBG) funds for the development andRESOLUTION NO. 175-94
maintenance of a viable urban community throughRESOLUTION AUTHORIZING THE
the provision of decent housing, a suitable living
EXECUTION OF A COMMUNITY
environment and expanded economic opportunities
DEVELOPMENT BLOCK GRANT LOAN
for its residents, particularly those persons of lowAGREEMENT WITH EAGLE POINT
and moderate income; andCORPORATION
Whereas, the Community Partnership ProgramWhereas, under provisions of Title I of the
(cp2) was developed in response to the nationalHousing and Community Development Act of
goals and objectives of the CDBG program; and1974, as amended, the City of Dubuque has
Whereas, amended guidelines for thereceived Community Development Block Grant
implementation and administration of thefunds for the purpose of stimulating economic
Community Partnership Program (cp2) weredevelopment activities in the community; and
approved by the City Council by Resolution No.Whereas, the City of Dubuque, Iowa desires to
259-92 on July 20, 1992.assist Eagle Point Corporation (formerly
NOW, THEREFORE, BE IT RESOLVED BYEngineering Data Systems) in its efforts to expand
THE CITY COUNCIL OF THE CITY OFits existing product lines and to create permanent
DUBUQUE, IOWA:employment opportunities for Dubuque's low and
Section 1. That the City Council herebymoderate income community; and
awards Community Partnership Program (cp2)Whereas, a loan agreement, hereto attached and
monies to the following organizations. The awardby this reference made a part hereof, has been
shall consist of a grant to the organization for theexecuted by Eagle Point Corporation.
identified project and shall not exceed the amountNOW, THEREFORE, BE IT RESOLVED BY
noted below.THE CITY COUNCIL OF THE CITY OF
Dubuque Community School District - ProjectDUBUQUE, IOWA:
Peace$25,000Section 1. That the Mayor and City Clerk be
Dubuque Morning Optimists - Facility Upgradeand they are hereby authorized and directed to
5,000execute, on behalf of the City of Dubuque, Iowa,
Dubuque Rescue Mission - Removal ofan agreement awarding a $200,000 low interest
Architectural Barriers25,000loan to Eagle Point Corporation.
ECIA 25,000Section 2. That the City Manager be and he is
Hills & Dales - Removal of Architecturalhereby authorized to disburse loan funds from the
Barriers15,000Community Development Block Grant
Scenic Valley Area VII - Nutritional HealthEntitlement Fund in accordance with the terms and
Advancement25,000conditions of the executed Loan Agreement.
Washington Neighborhood Council - FacilityPassed, approved and adopted this 16th day of
Upgrade10,000May, 1994.
Operation: New View5,000Terrance M. Duggan, Mayor
Section 2. That the City Manager be and he isAttest:
hereby authorized to develop and execute contractsMary A. Davis, City Clerk
with representatives from the aforementionedCouncil Member Nagle moved adoption of the
organizations in accordance with the programResolution. Seconded by Council Member
guidelines established for the CommunityRobbins. Carried by the following vote:
Regular Session, May 16, 1994164
Yeas—Mayor Duggan, Council Membersmoved that the communication be received and
Kluesner, Krieg, Nagle, Nicholson, Robbins,filed. Seconded by Council Member Voetberg.
Voetberg. Nays—None. Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg.
RESOLUTION NO. 176-94
RESOLUTION AUTHORIZING THENays—None.
EXECUTION OF A COMMUNITYCommunication of City Manager
recommending approval of Agreement with Project
ECONOMIC BETTERMENT ACCOUNT
Concern/Phone-A-Friend for administration and
FORGIVABLE LOAN AGREEMENT WITH
THE IOWA DEPARTMENT OFimplementation of the Childcare Initiative Grant
ECONOMIC DEVELOPMENT AND EAGLEProgram, presented and read. Council Member
Krieg moved that the communication be received
POINT CORPORATION
Whereas, the Community Economic Bettermentand filed. Seconded by Council Member
Account (CEBA) program has been created by theNicholson. Carried by the following vote:
Iowa Department of Economic Development toYeas—Mayor Duggan, Council Members
assist in the economic development efforts of localKluesner, Krieg, Nagle, Nicholson, Robbins,
jurisdictions; andVoetberg. Nays—None.
Whereas, on July 15, 1993, the City of
Dubuque, Iowa was awarded a $200,000
RESOLUTION NO. 177-94
forgivable loan from the Community Economic
RESOLUTION AUTHORIZING THE
Betterment Account program by the IowaEXECUTION OF AN AGREEMENT WITH
Department of Economic Development; andPROJECT CONCERN/PHONE-A-FRIEND,
Whereas the City of Dubuque, Iowa desires to
FOR THE ADMINISTRATION AND
assist Eagle Point Corporation in its efforts toIMPLEMENTATION OF THE CHILD
expand its existing computer software developmentCARE INITIATIVE GRANT PROGRAM
operations and to create permanent employmentWhereas, neighborhood representatives,
opportunities for its citizens; and community advocates and social service providers
Whereas, a Forgivable Loan Agreement is to beagree that the lack of appropriate child care
executed between the Iowa Department offrequently hampers, if not limits, the employment
Economic Development, Eagle Point Corporationopportunities of Dubuque's low and moderate
and the City of Dubuque, Iowa, hereto attachedincome residents; and
and by this reference made a part hereof.Whereas, the Child Care Initiative Task Force
NOW, THEREFORE, BE IT RESOLVED BY("task force"), a volunteer citizen group, has
THE CITY COUNCIL OF THE CITY OFproposed the development of a new grant program
DUBUQUE, IOWA:in support of local efforts to provide new child care
Section 1. That the Mayor and City Clerk beopportunities and to enhance existing child care
and they are hereby authorized and directed tofacilities; and
endorse the acceptance of the City of Dubuque,Whereas, on April 18, 1994, the City Council
Iowa upon the Forgivable Loan Agreement heretoaccepted the recommendations of the Task Force
attached.and, by resolution #133-94, established the Child
Section 2. That the City Manager be and he isCare Initiative Grant Program ("Grant Program");
hereby authorized to disburse grant funds to Eagleand
Point Corporation from the Community EconomicWhereas, Project Concern/Phone-a-Friend, the
Betterment Account Program in accordance withlead agency for Child Care Resource and Referral,
the terms and conditions of executed agreement.has agreed to administer and implement the Grant
Passed, approved and adopted this 16th day ofProgram; and
May, 1994.Whereas, an agreement, a form of which is
Terrance M. Duggan, Mayorhereto attached and by this reference made a part
Attest:hereof, is to be executed by and between the City
Mary A. Davis, City Clerkof Dubuque and Project Concern/Phone-a-Friend.
Council Member Nagle moved adoption of theNOW, THEREFORE, BE IT RESOLVED BY
Resolution. Seconded by Council MemberTHE CITY COUNCIL OF THE CITY OF
Robbins. Carried by the following vote:DUBUQUE, IOWA:
Yeas—Mayor Duggan, Council MembersSection 1. That the Mayor and City Clerk be
Kluesner, Krieg, Nagle, Nicholson, Robbins,and they are hereby authorized and directed to
Voetberg. Nays—None. execute, on behalf of the City of Dubuque,Iowa,
the attached agreement with Project
Communication of City Manager requestingConcern/Phone-a-Friend for the administration and
direction on the Thunderfest event, presented andimplementation of the Child Care Initiative Grant
read. Council Member Kluesner moved that theProgram.
communication be received and filed andSection 2. That the City Manager be and he is
approved the request with Mr. Tschiggfriehereby authorized to disburse funds from the
authorized to move forward with the event inCommunity Development Block Grant (CDBG)
cooperation with the City Manager and Staff,entitlement fund in accordance with the terms and
making sure all requirements are met. Secondedconditions of the executed agreement.
by Council Member Krieg. Carried by thePassed, approved and adopted this 16th day of
following vote: Yeas—Mayor Duggan, CouncilMay, 1994.
Members Kluesner, Krieg, Nagle, Nicholson,Terrance M. Duggan, Mayor
Robbins, Voetberg. Nays—None. Attest:
Mary A. Davis, City Clerk
Communication of City Manager submitting anCouncil Member Krieg moved adoption of the
update on the progress of vacant City Owned land,Resolution. Seconded by Council Member
presented and read. Council Member RobbinsNicholson. Carried by the following vote:
165Regular Session, May 16, 1994
Yeas—Mayor Duggan, Council Members
RESOLUTION ADOPTING A FILING FEE
Kluesner, Krieg, Nagle, Nicholson, Robbins,FOR APPEALS TO THE HOUSING CODE
Voetberg. Nays—None. APPEALS BOARD.
Whereas, a fee for the filing of appeals to the
Communication of City Manager requestingHousing Code Appeals Board has been approved
approval of a filing fee for appeals to the Housingas part of the FY 1995 operating budget and is
Code Appeals Board, presented and read. Councilauthorized by ORDINANCE NO. 25-94, of the
Member Voetberg moved that the communicationCity of Dubuque Code of Ordinances.
be received and filed. Seconded by CouncilNOW THEREFORE, BE IT RESOLVED BY
Member Nicholson. Carried by the following vote:THE CITY COUNCIL OF THE CITY OF
Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 1. A filing fee of $25 per appeal is
Voetberg. Nays—None. hereby adopted.
An Ordinance Amending the Code ofSection 2. This fee schedule shall take effect on
Ordinances by adopting a new Section 26-9(b) andJuly 1, 1994.
providing for a filing fee for appeals to thePassed, approved and adopted this 16th day of
Housing Code Appeals Board and by renumberingMay, 1994.
paragraphs 26-9(b), (c), (d), (e) as 26-9(c), (d), (e),Terrance M. Duggan, Mayor
(f), presented and read. Attest:
Mary A. Davis, City Clerk
(OFFICIAL PUBLICATION)Council Member Voetberg moved adoption of
ORDINANCE NO. 25-94the Resolution. Seconded by Council Member
Nicholson. Carried by the following vote:
AN ORDINANCE AMENDING THE CITY
OF DUBUQUE CODE OF ORDINANCES,Yeas—Mayor Duggan, Council Members
CHAPTER 26, HOUSING REGULATIONS,Kluesner, Krieg, Nagle, Nicholson, Robbins,
BY ADOPTING A NEW SECTION 26-9(b)Voetberg. Nays—None.
PROVIDING FOR A FILING FEE FOR
APPEALS TO THE HOUSING CODEProof of Publication certified to by the
APPEALS BOARD AND BYPublisher on Notice to Bidders on the Receipt of
RENUMBERING PARAGRAPHS 26-9(b), (c),Bids for the Construction of Brunskill Road
Sanitary Sewer Extension and communication of
(d), (e), AS 26-9(c), (d), (e) (f).
NOW THEREFORE, BE IT ORDAINED BYCity Manager recommending to award contract for
THE CITY COUNCIL OF THE CITY OFproject, presented and read. Council Member
DUBUQUE, IOWA:Nagle moved that the proof and communication be
Section 1. Section 26-9(b) of the City ofreceived and filed. Seconded by Council Member
Dubuque Code of Ordinances is hereby repealed,Nicholson. Carried by the following vote:
and the following new Section 26-9(b) is herebyYeas—Mayor Duggan, Council Members
adopted:Kluesner, Krieg, Nagle, Nicholson, Robbins,
(b) Appeal Filing Fee. At the time of filingVoetberg. Nays—None.
such an application for an appeal, the appellant
shall pay therewith a filing fee in an amountRESOLUTION NO. 179-94
specified by a Resolution of the City Council.
AWARDING CONTRACT
Section 2. Section 26-9(b), (c), (d), (e) areWhereas, sealed proposals have been submitted
hereby renumbered as Section 26-9(c), (d), (e), (f).by contractors for the Brunskill Road Sanitary
Section 3. This ordinance shall take effect JulySewer Extension pursuant to Resolution No. 127-
1, 1994.94 and notice to bidders published in a newspaper
Passed, approved and adopted this 16th day ofpublished in the City of Dubuque, Iowa on the
May, 1994.31st day of March, 1994.
Terrance M. Duggan, MayorWhereas, said sealed proposals were opened
Attest:and read on the 5th day of May, 1994 and it has
Mary A. Davis, City Clerkbeen determined that the bid of Mullinnix, Inc. of
Published officially in the Telegraph HeraldDubuque, Iowa in the amount of $63,744.54 was
the lowest bid for the furnishings of all labor and
newspaper this 20th day of May, 1994.
1t 5/20Mary A. Davis CMC, City Clerkmaterials and performing the work as provided for
Council Member Voetberg moved that thein the plans and specifications.
requirement that a proposed Ordinance beNOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
considered and voted on for passage at two
Council Meetings prior to the meeting at which itDUBUQUE, IOWA:
is to be finally passed be suspended. Seconded byThat the contract for the above improvement be
Council Member Nicholson. Carried by theawarded to Mullinnix, Inc. and the Manager be
following vote: Yeas—Mayor Duggan, Counciland is hereby directed to execute a contract on
Members Kluesner, Krieg, Nagle, Nicholson,behalf of the City of Dubuque for the complete
Robbins, Voetberg. Nays—None.performance of the work.
BE IT FURTHER RESOLVED:
Council Member Voetberg moved final
consideration and passage of the Ordinance.That upon the signing of said contract and the
Seconded by Council Member Krieg. Carried byapproval of the contractor's bond, the City
the following vote: Yeas—Mayor Duggan,Treasurer is authorized and instructed to return the
bid deposits of the unsuccessful bidders.
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None. Passed, approved and adopted this 16th day of
May, 1994.
Terrance M. Duggan, Mayor
RESOLUTION NO. 178-94
Attest:
Mary A. Davis, City Clerk
Regular Session, May 16, 1994166
Council Member Nagle moved adoption of theYeas—Mayor Duggan, Council Members
Resolution. Seconded by Council MemberKluesner, Krieg, Nagle, Nicholson, Robbins,
Nicholson. Carried by the following vote:Voetberg. Nays—None.
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,Communication of City Manager submitting
Voetberg. Nays—None. Ordinance providing for the disposition of receipts
by the City Treasurer and also providing for a
Communication of City Manager submitting ansurcharge for checks returned for nonsufficient
Ordinance providing for parking restrictions onfunds, presented and read. Council Member
Peru Road, presented and read. Council MemberVoetberg moved that the communication be
Voetberg moved that the communication bereceived and filed. Seconded by Council Member
received and filed. Seconded by Council MemberNagle. Carried by the following vote:
Nagle. Carried by the following vote:Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins,
Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None.
Voetberg. Nays—None. An Ordinance Amending the Code of
An Ordinance Amending Section 32-262(d) ofOrdinances by repealing Section 2-137 providing
Code of Ordinances prohibiting parking onfor the disposition of receipts by the City Treasurer
designated streets or portions thereof by addingand adopting in lieu thereof an new Section 2-137
certain portions of 32nd Street and Peru Road,providing for the disposition of receipts by the City
presented and read.Treasurer and also providing for a surcharge for
checks returned for nonsufficient funds, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 26-94
AN ORDINANCE AMENDING SECTION(OFFICIAL PUBLICATION)
32-262(d) THE CODE OF ORDINANCES OFORDINANCE NO. 27-94
THE CITY OF DUBUQUE, IOWAAN ORDINANCE AMENDING THE CITY
PROHIBITING PARKING ONOF DUBUQUE CODE OF ORDINANCES BY
DESIGNATED STREETS OR PORTIONSREPEALING SECTION 2-137 PROVIDING
THEREOF ADDING CERTAIN PORTIONSFOR THE DISPOSITION OF RECEIPTS BY
OF THIRTY-SECOND STREET AND PERUTHE CITY TREASURER AND ADOPTING
ROADIN LIEU THEREOF A NEW SECTION 2-137
NOW, THEREFORE, BE IT ORDAINED BYPROVIDING FOR THE DISPOSITION OF
THE CITY COUNCIL OF THE CITY OF
RECEIPTS BY THE CITY TREASURER
DUBUQUE, IOWA:
AND ALSO PROVIDING FOR A
Section 1. That the Code of Ordinances of theSURCHARGE FOR CHECKS RETURNED
City of Dubuque, Iowa be amended by deletingFOR NONSUFFICIENT FUNDS.
from Subsection (d) of Section 32-262 theNOW, THEREFORE, BE IT ORDAINED BY
following:THE CITY COUNCIL OF THE CITY OF
Thirty-Second Street, West, south side, fromDUBUQUE, IOWA:
Central Avenue to a point one hundred (100)Section 1. Section 2-137 of the City of
feet west of Lemon Street.Dubuque Code of Ordinances is hereby repealed.
Section 2. That the Code of Ordinances of theSection 2. The following new Section 2-137 is
City of Dubuque, Iowa be amended by adding tohereby adopted.
Subsection (d) of Section 32-262 the following:Section 2-137. Disposition of receipts.
Thirty-Second Street, West, south side, fromThe City treasurer shall, immediately upon
Central Avenue to a point one hundred (100)receipt of monies to be held in the city treasurer's
feet west of Lemon Street; north side, fromcustody and belonging to the city, deposit the same
Central Avenue to Fink Street.in banks selected by the city council in amounts
Thirty-Second Street, East, south side, fromnot exceeding monetary limits authorized by the
Central Avenue to White Street.city council. In the case of deposited checks
Peru Road, both sides, from Jackson Street toreturned for nonsufficient funds, the city treasurer
the northerly City limits.shall adjust the recorded deposit and attempt to
Passed, approved and adopted this 16th day ofcollect the returned check. The city treasurer may
May, 1994.also assess a surcharge not to exceed the amount
Terrance M. Duggan, Mayorallowed by law for processing checks returned for
Attest:nonsufficient funds and against the party who
Mary A. Davis, City Clerksubmitted the nonsufficient funds check. The
Published officially in the Telegraph Heraldreturned check surcharge shall be added to the
newspaper this 20th day of May, 1994.outstanding bill of the party who submitted the
1t 5/20Mary A. Davis, City Clerknonsufficient funds check.
Council Member Voetberg moved that theSection 3. This Ordinance shall take effect
requirement that a proposed Ordinance beimmediately upon publication.
Passed, approved and adopted this 16th day of
considered and voted on for passage at two
Council Meetings prior to the meeting at which itMay, 1994.
is to be finally passed be suspended. Seconded byTerrance M. Duggan, Mayor
Council Member Nagle. Carried by the followingAttest:
Mary A. Davis, City Clerk
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,Published officially in the Telegraph Herald
Voetberg. Nays—None. Council Membernewspaper this 20th day of May, 1994.
Voetberg moved final consideration and passage of1t 5/20Mary A. Davis, City Clerk
the Ordinance. Seconded by Council MemberCouncil Member Voetberg moved that the
Nicholson. Carried by the following vote:requirement that a proposed Ordinance be
167Regular Session, May 16, 1994
considered and voted on for passage at twofiled and approved recommendation. Seconded by
Council Meetings prior to the meeting at which itCouncil Member Nicholson. Carried by the
is to be finally passed be suspended. Seconded byfollowing vote: Yeas—Mayor Duggan, Council
Council Member Nagle. Carried by the followingMembers Kluesner, Krieg, Nagle, Nicholson,
vote: Yeas—Mayor Duggan, Council MembersRobbins, Voetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Mayor Duggan requesting a study on Boards
Council Member Voetberg moved finaland Commissions and communication of City
consideration and passage of the Ordinance.Manager regarding TV coverage of City Council
Seconded by Council Member Nicholson. CarriedWorksessions, upon consensus moved items to the
by the following vote: Yeas—Mayor Duggan,June 20th Council Meeting.
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 181-94
Whereas, applications for Beer Permits have
Communication of City Manager submittingbeen submitted and filed to this Council for
resolution providing that certain finance divisionapproval and the same have been examined and
employees are allowed to obtain information fromapproved; and
bank accounts, presented and read. CouncilWhereas, the premises to be occupied by such
Member Voetberg moved that the communicationapplicants were inspected and found to comply
be received and filed. Seconded by Councilwith the Ordinances of this City and have filed
Member Nagle. Carried by the following vote:proper bonds.
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:
That the Manager be authorized to cause to be
RESOLUTION NO. 180-94 issued the following named applicants a Beer
Permit.
RESOLUTION AUTHORIZING CERTAIN
CITY OF DUBUQUE FINANCE DIVISIONCLASS "C" BEER PERMIT
EMPLOYEES TO OBTAIN BANKMcCann's Service, Inc.
ACCOUNT INFORMATION AND MAKEMcCann's690 W. Locust
Passed, approved and adopted this 16th day of
TRANSFER BETWEEN CITY OF
DUBUQUE BANK ACCOUNTSMay, 1994.
Whereas, The City of Dubuque maintainsTerrance M. Duggan, Mayor
accounts with local commercial bankingAttest:
institutions; andMary A. Davis CMC, City Clerk
Whereas, the commercial banking institutionsCouncil Member Kluesner moved adoption of
require authorization by the City Council for Citythe Resolution. Seconded by Council Member
employees other than those designated on accountNicholson. Carried by the following vote:
signature cards to obtain bank account informationYeas—Mayor Duggan, Council Members
and transfer funds between accounts; andKluesner, Krieg, Nagle, Nicholson, Robbins,
Whereas, the City Council has determined thatVoetberg. Nays—None.
the City employees who may obtain bank account
information and transfer funds between accountsRESOLUTION NO. 182-94
are City Treasurers' Account Clerk, Kathy L.Whereas, applications for Liquor Licenses have
Masterpol, and City Treasurers Office Cashier,been submitted to this Council for approval and the
Dorothy L. Gray.same have been examined and approved; and
NOW, THEREFORE, BE IT RESOLVED BYWhereas, the premises to be occupied by such
THE CITY COUNCIL OF THE CITY OFapplicants were inspected and found to comply
DUBUQUE, IOWA:with the State Law and all City Ordinances
Section 1. The City Treasurers' Account Clerk,relevant thereto and they have filed proper bonds.
Kathy L. Masterpol, and City Treasurers' Cashier,NOW, THEREFORE, BE IT RESOLVED BY
Dorothy L. Gray, are hereby authorized to obtainTHE CITY COUNCIL OF THE CITY OF
bank account information on all City of DubuqueDUBUQUE, IOWA:
accounts and to transfer funds between the City'sThat the Manager be authorized to cause to be
accounts. Transfers shall be authorized viaissued the following named applicants
telephone or written request. a Liquor License.
Passed, approved and adopted this 16th day ofCLASS "C" (COMMERCIAL) BEER
May, 1994.AND LIQUOR LICENSE
Terrance M. Duggan, MayorOldham, Inc.
Attest:Avenue Top1080 University
Mary A. Davis, City ClerkBeverly A. Larsen
Council Member Voetberg moved adoption ofDenny's Lux Club3050 Asbury Rd.
the Resolution. Seconded by Council MemberD.B.Q., Inc.
Nagle. Carried by the following vote:Shot Tower Inn390 Locust
Yeas—Mayor Duggan, Council MembersMM&H, Inc.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Silver Dollar Cantina342 Main St
Voetberg. Nays—None.Howard L. Raber
Two Twenty Five
Communication of City ManagerOutdoor only 225 W. 6th St.
recommending purchase of replacement vehiclesCLASS "C" (BW) LIQUOR LICENSE
for 1970 Snorkel and 1979 General Fire Pumper,Charles Weaver
presented and read. Council Member VoetbergPapa Sarducci's1895 JFK Rd.
moved that the communication be received and
Regular Session, May 16, 1994168
Passed, approved and adopted this 16th day ofthat a Public Hearing be held on the proposed
May, 1994.Ordinance on June 6, 1994 at 7:30 p.m. at the
Terrance M. Duggan, MayorPublic Library Auditorium and that the City Clerk
Attest:be directed to publish notice in the manner
Mary A. Davis, City Clerkprescribed by law. Seconded by Council Member
Council Member Kluesner moved adoption ofNagle. Carried by the following vote:
the Resolution. Seconded by Council MemberYeas—Mayor Duggan, Council Members
Nicholson. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins,
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Communication of Zoning Commission
advising of their approval to rezone property at
Communication of Zoning Commission900 Alta Vista from R-2 to ID District, presented
advising of their denial to reclassify property atand read. Council Member Krieg moved that the
898 Cedar Cross Road from AG to C-3 Districtcommunication be received and filed. Seconded
(Tri-State Golf) and petition of Jim Mullen, Viceby Council Member Nagle. Carried by the
President of Tri-State Golf Center, Inc., requestingfollowing vote: Yeas—Mayor Duggan, Council
Council to set the reclassification request for aMembers Kluesner, Krieg, Nagle, Nicholson,
public hearing, presented and read. CouncilRobbins, Voetberg. Nays—None.
Member Krieg moved that the communication andAn Ordinance Amending Zoning Map by
petition be received and filed. Seconded byrezoning property at 900 Alta Vista Street from R-
Council Member Voetberg. Vote on the motion2 Two-Family Residential District to ID
was as follows: Yeas—Council Members Krieg,Institutional District and adopting a Conceptual
Voetberg. Nays—Mayor Duggan, CouncilDevelopment Plan, with Conditions. Council
Members Kluesner, Nagle, Nicholson, Robbins.Member Krieg moved that a Public Hearing be
MOTION FAILED.held on the proposed Ordinance on the 6th day of
An Ordinance Amending Zoning Map byJune, 1994 at 7:30 p.m. at the Public Library
reclassifying property located at 898 Cedar CrossAuditorium and that the City Clerk be directed to
Road from AG Agricultural District to C-3publish notice in the manner prescribed by law.
General Commercial District, presented and read.Seconded by Council Member Nagle. Carried by
Council Member Krieg moved that the Councilthe following vote: Yeas—Mayor Duggan,
concur with the denial. Seconded by CouncilCouncil Members Kluesner, Krieg, Nagle,
Member Voetberg. Vote on the motion was asNicholson, Robbins, Voetberg. Nays—None.
follows: Yeas—Council Members Krieg,Council Member Krieg moved that the
Voetberg. Nays—Mayor Duggan, Councilrequirement that a proposed Ordinance be
Members Kluesner, Nagle, Nicholson, Robbins.considered and voted on for passage at two
MOTION FAILED. Council Meetings prior to the meeting at which it
Then Council Member Kluesner moved that ais to be finally passed be suspended. Seconded by
Public Hearing be held on the proposed OrdinanceCouncil Member Nagle. Carried by the following
on the 20th day of June, 1994 at 7:30 o'clock p.m.vote: Yeas—Mayor Duggan, Council Members
at the Public Library Auditorium and that the CityKluesner, Krieg, Nagle, Nicholson, Robbins,
Clerk be directed to publish notice of the PublicVoetberg. Nays—None.
Hearing in the manner prescribed by law.Communication of Zoning Commission
Seconded by Council Member Nagle. Carried byadvising of their approval to rezone property
the following vote: Yeas—Mayor Duggan,located South of Fremont Avenue and North of
Council Members Kluesner, Nagle, Nicholson,June Drive from AG to R-1, R-2 and C-2 Districts,
Robbins, Voetberg. Nays—Council Memberpresented and read. Council Member Voetberg
Krieg. moved that the communication be received and
filed. Seconded by Council Member Nagle.
Communication of Zoning CommissionCarried by the following vote: Yeas—Mayor
advising of their approval to rezone property atDuggan, Council Members Kluesner, Krieg,
3271 & 3275 Central Ave. from C-2 to C-3Nagle, Nicholson, Robbins, Voetberg.
District, presented and read. Council MemberNays—None.
Kluesner moved that the communication beAn Ordinance Amending Zoning Map by
received and filed. Seconded by Council Memberrezoning property located South of Fremont
Nagle. Carried by the following vote:Avenue and North of June Drive from AG
Yeas—Mayor Duggan, Council MembersAgricultural District to R-1 Single-Family
Kluesner, Krieg, Nagle, Nicholson, Robbins,Residential District, R-2 Two-Family Residential
Voetberg. Nays—None. District and C-2 Neighborhood Shopping Center
An Ordinance Amending Zoning Map byDistrict, presented and read. Council Member
reclassifying property located at 3271 & 3275Voetberg moved that a Public Hearing be held on
Central Avenue from C-2 Neighborhood Shoppingthe proposed Ordinance on the 6th day of June,
Center District to C-3 General Commercial1994 at 7:30 p.m. at the Public Library
District, presented and read. Council MemberAuditorium and that the City Clerk be directed to
Kluesner moved that the requirement that apublish notice in the manner prescribed by law.
proposed Ordinance be considered and voted onSeconded by Council Member Nagle. Carried by
for passage at two Council Meetings prior to thethe following vote: Yeas—Mayor Duggan,
meeting at which it is to be finally passed beCouncil Members Kluesner, Krieg, Nagle,
suspended. Seconded by Council Member Nagle.Nicholson, Robbins, Voetberg. Nays—None.
Carried by the following vote: Yeas—MayorCouncil Member Voetberg moved that the
Duggan, Council Members Kluesner, Krieg,requirement that a proposed Ordinance be
Nagle, Nicholson, Robbins, Voetberg.considered and voted on for passage at two
Nays—None. Council Member Kluesner movedCouncil Meetings prior to the meeting at which it
169Regular Session, May 16, 1994
is to be finally passed be suspended. Seconded byCouncil Member Voetberg moved adoption of
Council Member Nagle. Carried by the followingthe Resolution. Seconded by Council Member
vote: 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.
Communication of City Manager submitting
documents providing for bidding process for the
RESOLUTION NO. 185-94
Fencing Improvements to various City Parks,
ORDERING BIDS
presented and read. Council Member VoetbergNOW THEREFORE, BE IT RESOLVED BY
moved that the communication be received andTHE COUNCIL OF THE CITY OF DUBUQUE,
filed. Seconded by Council Member Nicholson.IOWA:
Carried by the following vote: Yeas—MayorThat the Leisure Services Chain Link Fence
Duggan, Council Members Kluesner, Krieg,Project is hereby ordered to be advertised for bids
Nagle, Nicholson, Robbins, Voetberg.for construction.
Nays—None. BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid shall
RESOLUTION NO. 183-94be in an amount which shall conform to the
provisions of the notice to bidders hereby approved
PRELIMINARY APPROVAL OF PLANS
as a part of the plans and specifications heretofore
AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BYadopted.
THE CITY COUNCIL OF THE CITY OFThat the City Clerk is hereby directed to
DUBUQUE, IOWA:advertise for bids for the construction of the
That the proposed plans, specifications, form ofimprovements herein provided, to be published in
contract and estimated cost for the Leisure Servicesa newspaper having general circulation in the City
Chain Link Fence Project, in the estimated amountof Dubuque, Iowa, which notice shall not be less
of $29,732.59, are hereby approved and orderedthan four days nor more than twenty days prior to
filed in the office of the City Clerk for publicthe receipt of said bids at 2:00 p.m. on the 9th day
inspection.of June, 1994. Bids shall be opened and read by
Passed, adopted and approved this 16th day ofthe City Clerk at said time and will be submitted to
May, 1994.the Council for final action at 7:30 p.m. on the
Terrance M. Duggan, Mayor20th day of June, 1994.
Attest:Passed, adopted and approved this 16th day of
Mary A. Davis, City ClerkMay, 1994.
Council Member Voetberg moved adoption ofTerrance M. Duggan, Mayor
the Resolution. Seconded by Council MemberAttest:
Nicholson. Carried by the following vote:Mary A. Davis, City Clerk
Yeas—Mayor Duggan, Council MembersCouncil Member Voetberg moved adoption of
Kluesner, Krieg, Nagle, Nicholson, Robbins,the Resolution. Seconded by Council Member
Voetberg. Nays—None. Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
RESOLUTION NO. 184-94
FIXING DATE OF HEARING ON PLANSVoetberg. Nays—None.
AND SPECIFICATIONS
Whereas, the City Council of the City ofMINUTES SUBMITTED — Civil Service
Dubuque, Iowa has given its preliminary approvalCommission of 3-28; Housing Code Appeals
on the proposed plans, specifications, and form ofBoard of 4-25; Housing Commission of 4-12;
contract and placed same on file in the office of theHuman Rights Commission of 4-15; Investment
City Clerk for public inspection of the LeisureOversight Commission's Quarterly Report; Long
Services Chain Link Fence Project.Range Planning Commission of 4-20; Park &
NOW THEREFORE, BE IT RESOLVED BYRecreation Commission of 4-12; Park &
THE CITY COUNCIL OF THE CITY OFRecreation Commission's Roosevelt Park Study
DUBUQUE, IOWA:Committee of 4-19; Zoning Commission of 5-4,
That on the 20th day of June, 1994, a publicpresented and read. Council Member Voetberg
hearing will be held at 7:30 p.m. in the Publicmoved that the minutes be received and filed.
Library Auditorium at which time interestedSeconded by Council Member Nagle. Carried by
persons may appear and be heard for or against thethe following vote: Yeas—Mayor Duggan,
proposed plans and specifications, form of contractCouncil Members Kluesner, Krieg, Nagle,
and cost of said improvement, and the City ClerkNicholson, Robbins, Voetberg. Nays—None.
be and is hereby directed to cause a notice of time
and place of such hearing to be published in aNOTICES OF CLAIMS/SUITS — Cathy
newspaper having general circulation in the City ofFalcone in unknown amount for personal property
Dubuque, Iowa, which notice shall be not less thanlosses; Nicole Johnson in amount of $124.85 for
four days nor more than twenty days prior to thevehicle damages; Kenneth Kunkel in amount of
day fixed for its consideration. At the hearing, any$81.88 for vehicle damages, presented and read.
interested person may appear and file objections toCouncil Member Voetberg moved that the claims
the proposed plans, specifications, contract, orand suits be referred to the Legal Staff for
estimated cost of the improvement.investigation and report. Seconded by Council
Passed, adopted and approved this 16th day ofMember Nagle. Carried by the following vote:
May, 1994.Yeas—Mayor Duggan, Council Members
Terrance M. Duggan, MayorKluesner, Krieg, Nagle, Nicholson, Robbins,
Attest:Voetberg. Nays—None.
Mary A. Davis, City Clerk
Regular Session, May 16, 1994170
Communications of Corporation CounselProgram, the Housing Services Department has
advising the following claims have been referred toafter due consideration, determined that the project
Crawford & Company, the agent for the Iowais not a major federal action significantly affecting
Communities Assurance Pool: Wrongful death ofthe quality of the human environment.
Debra Bartels Estate; Personal injury of WestNOW, THEREFORE, BE IT RESOLVED BY
Bend Mutual on behalf of Marlene Schueller,THE CITY COUNCIL OF THE CITY OF
presented and read. Council Member VoetbergDUBUQUE, IOWA:
moved that the communications be received andSection 1. That the City Clerk be and she is
filed. Seconded by Council Member Nagle.hereby authorized and directed to publish a Notice
Carried by the following vote: Yeas—Mayorof Finding of No Significant Effect on the
Duggan, Council Members Kluesner, Krieg,Environment for the following project, and to
Nagle, Nicholson, Robbins, Voetberg.make the Environment Review Record for said
Nays—None. project available for public inspection. Such
notice shall be in the form of Exhibit "A" attached
Communications of Corporation Counselhereto and made a part hereof.
recommending denial of following claims: CarSection 2. That the City of Dubuque hereby
damage of Ronald J. Jaeger; Car damage of Judydeclares its intent to adopt a resolution at its
Reilly; Car damage of Michael Schetgen,meeting of June 6, 1994, authorizing the
presented and read. Council Member Voetbergsubmission of a request to the Iowa Department of
moved that the communication be received andEconomic Development to undertake the project.
filed and approved denial. Seconded by CouncilPassed, approved and adopted this 16th day of
Member Nagle. Carried by the following vote:May, 1994.
Yeas—Mayor Duggan, Council MembersTerrance M. Duggan, Mayor
Kluesner, Krieg, Nagle, Nicholson, Robbins,Attest:
Voetberg. Nays—None. Mary A. Davis, City Clerk
adoption of the Resolution. Seconded by Council
Communication of Corporation CounselMember Nagle. Carried by the following vote:
recommending settlement of property damage ofYeas—Mayor Duggan, Council Members
Michael A. Nebel in an amount to be determinedKluesner, Krieg, Nagle, Nicholson, Robbins,
at a later time, presented and read. CouncilVoetberg. Nays—None.
Member Voetberg moved that the communication
be received and filed and settlement approved.Communication of City Manager requesting
Seconded by Council Member Nagle. Carried bypublication of Environmental Review Findings for
the following vote: Yeas—Mayor Duggan,certain Community Development Block Grant
Council Members Kluesner, Krieg, Nagle,Projects, presented and read. Council Member
Nicholson, Robbins, Voetberg. Nays—None. Voetberg moved that the communication be
received and filed. Seconded by Council Member
Communication of Finance Director submittingNagle. Carried by the following vote:
Financial reports for April, 1994, presented andYeas—Mayor Duggan, Council Members
read. Council Member Voetberg moved that theKluesner, Krieg, Nagle, Nicholson, Robbins,
communication be received and filed. SecondedVoetberg. Nays—None.
by Council Member Nagle. Carried by the
following vote: Yeas—Mayor Duggan, CouncilRESOLUTION NO. 187-94
Members Kluesner, Krieg, Nagle, Nicholson,RESOLUTION AUTHORIZING
Robbins, Voetberg. Nays—None.
PUBLICATION OF NOTICE OF
Communication of City Manager
ENVIRONMENTAL REVIEW FINDINGS
recommending publication of Notice ofFOR CERTAIN COMMUNITY
Environmental Funding for the HOME Program,DEVELOPMENT BLOCK GRANT
presented and read. Council Member Voetberg
PROJECTS
moved that the communication be received andWhereas, the City of Dubuque has entered into
filed. Seconded by Council Member Nagle.a Grant Agreement for the Fiscal Year
Carried by the following vote: Yeas—Mayorcommencing July 1, 1994, with the U.S.
Duggan, Council Members Kluesner, Krieg,Department of Housing and Urban Development,
Nagle, Nicholson, Robbins, Voetberg.providing for financial assistance to the City under
Nays—None. Title I of the Housing and Community
Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations
RESOLUTION NO. 186-94
RESOLUTION AUTHORIZINGas promulgated by the U.S. Department of
PUBLICATION OF NOTICE OFHousing and Urban Development, an
environmental review has been processed for the
ENVIRONMENTAL REVIEW FINDING
FOR THE HOME INVESTMENThereinafter described projects to be financed with
PARTNERSHIP PROGRAM.community Development Block Grant funds; and
Whereas, the City of Dubuque will enter into aWhereas, the Community Development
contract (#M-93-SG-19-161-100) and a FundingDepartment has, after due consideration, made a
Agreement (#M-93-SG-19-100-20) providing fordetermination that the projects are not a major
financial assistance effective April 5, 1994, withFederal action significantly affecting the quality of
the Iowa Department of Economic Development;the human environment.
andNOW, THEREFORE, BE IT RESOLVED BY
Whereas, pursuant to the rules and regulationsTHE CITY COUNCIL OF THE CITY OF
as promulgated by the Iowa Department ofDUBUQUE, IOWA:
Economic Development (IDED), and the U.S.Section 1. That the City Clerk be and she is
Department of Housing and Urban Developmenthereby authorized and directed to publish a Notice
(HUD) for the HOME Investment Partnershipof Finding of No Significant Effect on the
171Regular Session, May 16, 1994
Environment for the following identified projects
M.L. 304 IN THE CITY OF DUBUQUE,
and to make the Environmental Review Record forIOWA.
said projects available for public inspection. SuchWhereas, there has been filed with the City
notice shall be in the form of Exhibit "A" attachedClerk a Plat of Survey of the Division of Lot 2-B-
hereto and made a part hereof.2-1-M.L. 304 in the City of Dubuque, Iowa; and
Housing Rehabilitation Whereas, said plat has been examined by the
!
- Single Unit Rehab Loan ProgramZoning Commission and had its approval endorsed
- Rental Rehab Programthereon, waiving the lot area and dimensions; and
- Operation PaintbrushWhereas, said plat has been examined by the
- Homeowner Initiative Assistance ProgramCity Council and they find that it conforms to the
- Operation Upkeepstatutes and ordinances relating to it, except that
- Lead-based Hazard Abatement Loans and the minimum lot area and dimensions have not
Grantsbeen met.
- Purchase of Lead-based ToolsNOW THEREFORE, BE IT RESOLVED BY
- Code EnforcementTHE CITY COUNCIL OF THE CITY OF
Public Service ActivitiesDUBUQUE, IOWA:
!
- Family Self-SufficiencySection 1. That the Plat of Survey of the
- Community Partnership ProgramDivision of Lot 2-B-2-1-M.L. 304 in the City of
- Information & ReferralDubuque, Iowa, is hereby approved and the Mayor
- Child Care Referral Serviceand City Clerk are hereby authorized and directed
- Child Care Initiative to endorse the approval of the City of Dubuque,
- Neighborhood Recreation ProgramIowa, upon said final plat, waiving the lot area and
Interim Assistancedimensions, as allowed by Section 42-18 of the
!
- Neighborhood CleanupSubdivision Ordinance.
Public FacilitiesPassed, approved and adopted this 16th day of
!
- Neighborhood Sidewalk ProgramMay, 1994.
- Neighborhood Step/Wall RepairTerrance M. Duggan, Mayor
- Neighborhood Park ImprovementsAttest:
Special Economic Development ActivitiesMary A. Davis, City Clerk
!
- Economic Development Loan ProgramCouncil Member Voetberg moved adoption of
- Enterprise Opportunity Programthe Resolution. Seconded by Council Member
- Commercial/Industrial Building Rehab LoansNagle. Carried by the following vote:
Section 2. That the City Council herebyYeas—Mayor Duggan, Council Members
declares its intent to adopt a resolution at itsKluesner, Krieg, Nagle, Nicholson, Robbins,
meeting of June 6, 1994, authorizing theVoetberg. Nays—None.
submission of a request to the U.S. Department ofCommunication of City Manager
Housing and Community Development torecommending to replace the current mainframe
undertake the projects.computer with an IBM System as approved in
Passed, approved and adopted this 16th day ofFiscal Year 1994 and 1995 budgets, presented and
May, 1994.read. Council Member Voetberg moved that the
Terrance M. Duggan, Mayorcommunication be received and filed and approved
Attest:recommendation. Seconded by Council Member
Mary A. Davis, City ClerkNagle. Carried by the following vote:
Council Member Voetberg moved adoption ofYeas—Mayor Duggan, Council Members
the Resolution. Seconded by Council MemberKluesner, Krieg, Nagle, Nicholson, Robbins,
Nagle. Carried by the following vote:Voetberg. Nays—None.
Yeas—Mayor Duggan, Council MembersThe third amendment to City Manager's
Kluesner, Krieg, Nagle, Nicholson, Robbins,employment agreement, presented and read.
Voetberg. Nays—None. Council Member Voetberg moved that this be
Petition of Martin J. and Nancy McNamerapproved. Seconded by Council Member Nagle.
requesting voluntarily annexation for propertyCarried by the following vote: Yeas—Mayor
located on North Cascade Road, presented andDuggan, Council Members Kluesner, Krieg,
read. Council Member Voetberg moved that theNagle, Nicholson, Robbins, Voetberg.
petition be referred to City Manager. Seconded byNays—None.
Council Member Nagle. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,Communication of City Manager
Voetberg. Nays—None. recommending approval of an amendment to
Annual Contributions Contract for Section 8
Communication of Zoning CommissionProgram Housing Vouchers, presented and read.
advising of their approval of plat of survey ofCouncil Member Voetberg moved that the
property adjoining 2190 Roosevelt, presented andcommunication be received and filed. Seconded
read. Council Member Voetberg moved that theby Council Member Nagle. Carried by the
communication be received and filed. Secondedfollowing vote: Yeas—Mayor Duggan, Council
by Council Member Nagle. Carried by theMembers Kluesner, Krieg, Nagle, Nicholson,
following vote: Yeas—Mayor Duggan, CouncilRobbins, Voetberg. Nays—None.
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
RESOLUTION NO. 189-94
A RESOLUTION AUTHORIZING
RESOLUTION NO. 188-94EXECUTION OF AN AMENDED ANNUAL
RESOLUTION APPROVING THE PLAT OFCONTRIBUTIONS CONTRACT FOR
SURVEY OF DIVISION OF LOT 2-B-2-1-SECTION 8 HOUSING VOUCHERS,
PROGRAM NO. IA05-VO87-018
Regular Session, May 16, 1994172
____________________________________
(REPLACING PROGRAM NO. IA05-V087-
006)
Whereas, contracts for certain programs under
____________________________________
the consolidated Annual Contributions Contract
for Housing Vouchers are scheduled for expiration,
in 1993; and
____________________________________
Whereas, the US Department of Housing and
Urban Development has extended these funding
____________________________________
commitments through the offering of an amended
consolidated contract; and
Whereas, the Department requires execution of
____________________________________
this contract for the City's administration of these
Council Members
funds.
NOW, THEREFORE, BE IT RESOLVED BY
Attest:
THE CITY COUNCIL OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City of
Dubuque be and he is hereby authorized and____________________________________
directed to execute an Amended Contributions
City Clerk
Contract, with the US Department of Housing and
Urban Development, for Project No. IA05-VO87-
018, under Master Annual Contributions Contract
No. KC-9004E, on behalf of the City of Dubuque.
Section 2. This resolution shall take effect
immediately.
Passed, approved and adopted this 16th day of
May, 1994.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Council Member Voetberg moved adoption of
the Resolution. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
At 12:06 p.m. Council Member Voetberg
moved to go into Closed Session — In Accordance
with Chapter 21.5 1.(j) To discuss the purchase of
particular real estate where premature disclosure
could be reasonably expected to increase the price
the governmental body would have to pay for that
property. Seconded by Council Member Krieg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
At 12:30 a.m. Council reconvened Regular
Session.
There being no further business, Council
Member Voetberg moved to adjourn the meeting.
Seconded by Council Member Nicholson. Carried
by the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
Meeting adjourned at 12:31 a.m. on 5-17-94.
Mary A. Davis CMC
City Clerk
Approved ______________________, 1995.
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________