1994 June Council ProceedingsRegular Session, June 6, 1994176
Meeting of May 16, 1994, presented for final
action.
DUBUQUE
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28-94
CITY COUNCIL
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE
CODE OF ORDINANCES OF THE CITY OF
OFFICIAL
DUBUQUE, IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
PROCEEDINGS
LOCATED AT 900 ALTA VISTA FROM R-2
TWO-FAMILY RESIDENTIAL DISTRICT
TO ID INSTITUTIONAL DISTRICT AND
Regular Session, June 6, 1994ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN, WITH
Council Met at 7:30 p.m. Public Library
AuditoriumCONDITIONS.
Present: Mayor Duggan, Council MembersNOW, THEREFORE, BE IT ORDAINED BY
Kluesner, Nagle, Nicholson, Acting City ManagerTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
David Harris, Corporation Counsel Barry A.
Section 1. That Appendix A (the Zoning
Lindahl.
Absent: Council Members Krieg, Robbins,Ordinance) of the Dubuque Code of Ordinances be
Voetberg, City Manager Michael C. Van Milligen.amended by reclassifying hereinafter described
property from R-2 Two-Family Residential
Mayor Duggan read the call and stated this isDistrict to ID Institutional District and adopting a
the Regular Session of the City Council called forconceptual development plan, a copy of which is
attached to and made a part hereof, to wit:
the purpose to act upon such business which may
Sisters of the Visitation Place, and to the center
properly come before the Council.
line of the adjoining public right-of-way, all in
Invocation was given by Rev. Msgr. Richardthe City of Dubuque, Iowa.
Section 2. That pursuant to Iowa Code Section
Funke, Pastor of St. Columbkille's Catholic
414.5(1993), and as an express condition of the
Church.
reclassification, the undersigned property owner
PROCLAMATIONS — Week of June 19-25agree to the following conditions, all of which the
property owner further agree are reasonable and
as "Elderhostel Week" received by Msgr. Barta;
imposed to satisfy the public needs that are caused
Week of June 6-12 as "Rising Stars/Independent
League Week" received by Verle Haberkorn anddirectly by the zoning reclassification:
A.Use Regulations.
Ric Baumhover.
The following regulations shall apply to all
Certificates of Appreciation were presented touses made of land in the above described ID
City Employees Guy Hemenway and TracyInstitutional District:
1)Principal permitted uses shall be limited to
Willenborg by City Planner Laura Carstens.
a)Colleges and universities. [45]
Council Member Kluesner moved to suspendb)Classrooms, laboratories, lecture
the rules to allow anyone present to address thehalls, and similar places of institu-
tional assembly. [45]
Council if they so desire. Seconded by Council
c)Offices for administrative personnel
Member Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Membersor other institutional employees and
Kluesner, Nagle, Nicholson. Nays—None.affiliates. [14]
d)Churches [7], libraries, and
Absent—Council Members Krieg, Robbins,
Voetberg.museums. [13]
e)Single-family, two-family [11] or
multi-family dwellings for the
Proof of Publication certified to by the
housing of institutional residents or
Publisher on Notice of Hearing to rezone property
at 900 Alta Vista from R-2 to ID District,affiliates. [9]
presented and read. There were no writtenf)Off-street parking and loading.
[NA]
objections received and no oral objectors present at
2)Accessory uses shall include any use
the time of the Hearing. Msgr. Barta of Loras
College and Sister Ruth Jackson as the head of thecustomarily incidental and subordinate to
Sisters originally owning the property at 900 Altathe principal use it serves in conjunction
with which such accessory use is operated
Vista, both spoke requesting approval. Council
Member Nagle moved that the proof of publicationor maintained, but not to include
be received and filed. Seconded by Councilcommercial uses outside the principal
building.
Member Kluesner. Carried by the following vote:
B.Lot and Bulk Regulations.
Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson. Nays—None.Development of land in the ID Institutional
Absent—Council Members Krieg, Robbins,District shall be regulated as follows:
1)All building structures and activities shall
Voetberg.
be located in conformance with the
An Ordinance Amending Zoning Map by
rezoning property at 900 Alta Vista Street from R-attached conceptual development plan and
2 Two-Family Residential District to IDall final site development plans are to be
approved in accordance with provisions of
Institutional District and adopting a Conceptual
the ID Institutional District regulations.
Development Plan, with Conditions, said
Ordinance presented and read at the Council
177Regular Session, June 6, 1994
2)Renovation of approximately 23,0002)That all previously approved conceptual
square feet of the former Sisters of thedevelopment plans for Loras College are
Visitation Convent for student residents ofhereby amended to allow for the attached
75 beds will occur in Phase I.conceptual development plan.
3)A new parking lot with approximately 75G.Transfer of Ownership
off-street parking spaces will beTransfer of ownership or lease of property in
constructed as per the conceptualthis ID Institutional District shall include in the
development plan and on adjacent leasedtransfer or lease agreement a provision that the
property to the north (owned by thepurchaser or lessee acknowledges awareness of
Dubuque Community Schools) for whichthe conditions authorizing the establishment of
a conditional use permit will be requiredthe district.
from the Zoning Board of Adjustment.H.Reclassification of Subject Property.
No access will be allowed from theThe City of Dubuque, Iowa, may initiate
parking lot into the adjoining alley or intozoning reclassification proceedings to the R-2
the parking lot for Jones Jr. High. If theTwo-Family Residential District in accordance
permit is not granted, the parking shall bewith Section 6 of the Zoning Ordinance if the
provided on-site or a new conceptualproperty owner(s) fail(s) to complete any of the
development plan shall be submitted.conditions of this ordinance.
4)Renovation of approximately 33,500I.Modifications.
square feet of the former VisitationAny modifications of this Ordinance must be
Convent building for art and musicapproved by the City Council in accordance
department space, including newwith zoning reclassification proceedings of
construction of an art gallery ofSection 6 of the Zoning Ordinance.
approximately 2,000 square feet withinJ.Recording.
the existing court yard.A copy of this ordinance shall be recorded at
C.Performance Standards.the expense of the property owner with the
The development and maintenance of uses inDubuque County Recorder as a permanent
this ID Institutional District shall be establishedrecord of the conditions accepted as part of this
in conformance with Section 3-5.2 of thereclassification approval within ten (10) days of
Zoning Ordinance and the following standards:the adoption of this ordinance. This ordinance
1)A renovation schedule shall occur asshall be binding upon the undersigned and all
follows:his/her heirs, successors and assignees.
a)Student residence and parking shallSection 3. That the foregoing amendment has
be constructed within one year.heretofore been reviewed by the Zoning
b)The proposed renovation andCommission of the City of Dubuque, Iowa.
construction for the art and musicSection 4. That the foregoing amendment shall
departmental space shall occur intake effect upon publication, as provided by law.
1996.Passed, approved and adopted this 6th day of
c)The expansion of the WahlertJune, 1994.
Library shall occur in the year 2000.Terrance M. Duggan, Mayor
d)The above construction andATTEST:
landscaping schedule shall occurMary A. Davis, City Clerk
approximately at the timeframe asACCEPTANCE OF ORDINANCE NO. 28-94
indicated, but may be extended byWe, Sisters of the Visitation, property owner,
the City Planner upon showing of ahaving read the terms and conditions of the
good cause.foregoing Ordinance No. 28-94 and being familiar
2)Seventy-five (75) off-street parking spaceswith the conditions thereof, hereby accept this
shall provided in accordance with Parkingsame and agree to the conditions required therein.
requirements in Section 4-2 of the ZoningDated in Dubuque, Iowa this 6th day of June,
Ordinance.94
3)Lighting shall be provided per CityBy /s/ Sr. Ruth Jackson, Pres.
standards. Sisters of the Visitation
4)Final site development plans shall be
Published in the Telegraph Herald newspaper
submitted in accordance with Section 4-4this 10th day of June, 1994.
of the Zoning Ordinance prior to1t 6/10Mary A. Davis CMC, City Clerk
construction of the addition.Council Member Nagle moved final adoption
D.Open Space and Recreational Areas
of the Ordinance. Seconded by Council Member
Those areas not designated on the conceptualKluesner. Carried by the following vote:
development plan for development shall beYeas—Mayor Duggan, Council Members
maintained as open space, as defined by SectionKluesner, Nagle, Nicholson. Nays—None.
8 of the Zoning Ordinance by the propertyAbsent—Council Members Krieg, Robbins,
owner and/or association.Voetberg.
E.Sign Regulations.
The sign regulations shall be the same as that
Proof of Publication certified to by the
which are allowed in the ID InstitutionalPublisher on Notice of Hearing to rezone property
District as established in Section 4-3.11 of thelocated South of Fremont Avenue and North of
Zoning Ordinance.June Drive from AG to R-1, R-2 and C-2 Districts,
F.Additional Standards.
presented and read. There were no written
1)The conceptual development plan shall beobjections received and no oral objectors present at
valid for a period of six (6) years providedthe time of the Hearing. Marty McNamer, owner
final site development plan is submittedof property, requested rezoning etc. Council
within two years from the date of
Member Kluesner moved that the proof of
approval.publication be received and filed. Seconded by
Regular Session, June 6, 1994178
Council Member Nagle. Carried by the followingCommencing at the northeast corner of Lot 2 of
vote: Yeas—Mayor Duggan, Council MembersLot 1 of the southeast 1/4 of the southeast 1/4
Kluesner, Nagle, Nicholson. Nays—None.of Section 34, T. 89N.-R.2E.; thence north 89
Absent—Council Members Krieg, Robbins,degrees 51 feet 10 inches west along the north
Voetberg.line of said lot a distance of 990.52 feet, said
An Ordinance Amending Zoning Map bypoint being point of beginning; thence south 26
rezoning property located South of Fremontdegrees 20 feet 06 inches east a distance of
Avenue and North of June Drive from AG120.57 feet; thence south 11 degrees 20 feet 1
Agricultural District to R-1 Single-Familyinch east a distance of 187.37 feet; thence north
Residential District, R-2 Two-Family Residential89 degrees 55 feet 43 inches west a distance of
District and C-2 Neighborhood Shopping Center434.89 feet to a point on the west line of said
District, presented and read at the Council Meetinglot; thence north 0 degrees 9 feet 27 inches east
of May 16, 1994 and now presented for furtheralong the north line of said lot a distance of
action.145.00 feet; thence south 89 degrees 55 feet 50
inches east a distance of 232.49 feet; thence
north 0 degrees 4 feet 14 inches east a distance
(OFFICIAL PUBLICATION)
ORDINANCE NO. 29-94of 146.80 feet to a point on the north line of
AN ORDINANCE AMENDING APPENDIXsaid lot; thence south 89 degrees 51 feet 10
inches east a distance of 111.51 feet to the
A (THE ZONING ORDINANCE) OF THE
point of beginning; and to the center line of the
CITY OF DUBUQUE CODE OF
ORDINANCES, BY RECLASSIFYINGadjoining public right-of-way, all in the City of
HEREINAFTER DESCRIBED PROPERTYDubuque, Iowa.
Section 3. That Appendix A (the Zoning
LOCATED SOUTH OF FREMONT
AVENUE AND NORTH OF JUNE DRIVEOrdinance) of the City of Dubuque Code of
FROM AG AGRICULTURAL DISTRICT TOOrdinances is hereby amended by reclassifying the
R-1 SINGLE-FAMILY RESIDENTIALhereinafter described property from AG
Agricultural District to C-2 Neighborhood
DISTRICT, R-2 TWO-FAMILY
RESIDENTIAL DISTRICT, AND C-2Shopping Center District, with the condition as
NEIGHBORHOOD SHOPPING CENTERstated in the attached Memorandum of Agreement.
DISTRICT.Commencing at the northwest corner of Lot 2
NOW, THEREFORE, BE IT ORDAINED BYof Lot 1 of the southeast 1/4 of the southeast 1/4 of
THE CITY COUNCIL OF THE CITY OFSection 34, T.89N.-R.2E. said point being point of
DUBUQUE, IOWA:beginning; thence south 89 degrees 23 feet 57
Section 1. That Appendix A (the Zoninginches east along the north line of said lot a
Ordinance) of the City of Dubuque Code ofdistance of 187.51 feet to a point on the north line
Ordinances is hereby amended by reclassifying theof said lot; thence south 89 degrees 51 feet 10
hereinafter described property from AGinches east along the north line of said lot a
Agricultural District to R-1 Single-Familydistance of 44.76 feet to a point on the north line of
Residential District, to wit:said lot; thence south 0 degrees 4 feet 14 inches
Lot 1 of Lot 1 of the north 1/2 of the southeast 1/4;west a distance of 146.80 feet; thence north 89
that portion commencing at the northeast corner ofdegrees 55 feet 50 inches west a distance of 232.49
Lot 2 of Lot 1 of the southeast 1/4 of the southeastfeet to a point on the west line of said lot; thence
1/4 of Section 34, T. 89N-R.2E., thence south 0north 0 degrees 9 feet 27 inches east along the west
degrees 13 feet 42 inches west along the east lineline of said lot a distance of 148.60 feet to the
of said lot a distance of 579.35 feet; thence southpoint of beginning; and to the center line of the
0 degrees 8 feet 39 inches west along the east lineadjoining public right-of-way, all in the City of
of said lot a distance of 19.66 feet to the southeastDubuque, Iowa.
corner of said lot; thence N 85 degrees 58 feet 2Section 4. That the performance standard as
inches west along the south line of said lot astated in the attached Memorandum of Agreement
distance of 595.12 feet; thence south 81 degrees 8is as follows:
feet 10 inches west along the south line of said lot1)No direct access onto Fremont Avenue from the
a distance of 164.37 feet; thence south 81 degreesproperty zoned C-2 Neighborhood Commercial
5 feet 33 inches west along the south line of saidDistrict.
lot a distance of 584.80 feet to the southwestSection 5. The foregoing amendment has
corner of said lot; thence north 0 degrees 9 feet 27heretofore been reviewed by the Zoning
inches east along the west line of said lot a distanceCommission of the City of Dubuque, Iowa.
of 384.35 feet; thence south 89 degrees 55 feet 43Section 6. This ordinance shall take effect
inches east a distance of 434.89 feet; thence northimmediately upon publication, as provided by law.
11 degrees 20 feet 1 inch west a distance of 187.37Passed, approved and adopted this 6th day of
feet; thence north 26 degrees 20 feet 6 inches westJune, 1994.
a distance of 120.57 feet to a point on the northTerrance M. Duggan, Mayor
line of said lot; thence south 89 degrees 51 feet 10Attest:
inches east along the north line of said lot aMary A. Davis, City Clerk
distance of 990.52 feet to the point of beginning;MEMORANDUM OF AGREEMENT
and to the center line of the adjoining public right-Pursuant to the Iowa Code Section 414.5 (1991),
of-way, all in the City of Dubuque, Iowa.and as an express condition of rezoning of the
Section 2. That Appendix A (the Zoningproperty described as:
Ordinance) of the City of Dubuque Code ofCommencing at the northwest corner of Lot 2
Ordinances is hereby amended by reclassifying theof Lot 1 of the southeast 1/4 of the southeast
hereinafter described property from AG1/4 of Section 34, T.89N.-R.2E. said point
Agricultural District to R-2 Two-Familybeing point of beginning; thence south 89
Residential District, to wit:degrees 23 feet 57 inches east along the north
line of said lot a distance of 187.51 feet to a
179Regular Session, June 6, 1994
point on the north line of said lot; thence southProof of Publication certified to by the
89 degrees 51 feet 10 inches east along thePublisher on Notice of Hearing to rezone property
north line of said lot a distance of 44.76 feet toat 3271 & 3275 Central Ave. from C-2 to C-3
a point on the north line of said lot; thenceDistrict, presented and read. There were no
south 0 degrees 4 feet 14 inches west a distancewritten objections received and no oral objectors
of 146.80 feet; thence north 89 degrees 55 feetpresent at the time of the Hearing. Council
50 inches west a distance of 232.49 feet to aMember Kluesner moved that the proof of
point on the west line of said lot; thence north 0publication be received and filed. Seconded by
degrees 9 feet 27 inches east along the west lineCouncil Member Nagle. Carried by the following
of said lot a distance of 148.60 feet to the pointvote: Yeas—Mayor Duggan, Council Members
of beginning; and to the center line of theKluesner, Nagle, Nicholson. Nays—None.
adjoining public right-of-way, all in the City ofAbsent—Council Members Krieg, Robbins,
Dubuque, Iowa, and to the center line of theVoetberg.
adjoining public right-of-way, all in the City ofAn Ordinance Amending Zoning Map by
Dubuque, Iowa.reclassifying property located at 3271 & 3275
which is the subject of Ordinance No. 29-94, aCentral Ave. from C-2 Neighborhood Shopping
copy of which is attached hereto and incorporatedCenter District to C-3 General Commercial
herein by reference, the undersigned propertyDistrict, said Ordinance having been presented and
owner, Martin J. McNamer, agrees to theread at the Council Meeting of May 16, 1994, now
following conditions, all of which the propertypresented for further action.
owner further agrees are reasonable and are
imposed to satisfy public needs which are caused(OFFICIAL PUBLICATION)
directly by the rezoning:
ORDINANCE NO. 30-94
A)Performance StandardsAN ORDINANCE AMENDING APPENDIX
1)No direct access onto Fremont AvenueA (THE ZONING ORDINANCE) OF THE
from the property zoned C-2 Neighbor-CITY OF DUBUQUE CODE OF
hood Commercial District.
ORDINANCES, BY RECLASSIFYING
B)Reclassification of the Subject PropertyHEREINAFTER DESCRIBED PROPERTY
The City of Dubuque, Iowa may initiate zoningLOCATED AT 3271 AND 3275 CENTRAL
reclassification proceedings to the AGAVENUE FROM C-2 NEIGHBORHOOD
Agricultural District if the property owner fails
SHOPPING CENTER DISTRICT TO C-3
to complete any of the conditions or provisionsGENERAL COMMERCIAL DISTRICT.
of this Agreement, including, but not limited to,NOW, THEREFORE, BE IT ORDAINED BY
the standards noted in Item 1 above.THE CITY COUNCIL OF THE CITY OF
C)ModificationsDUBUQUE, IOWA:
Any modifications of this Agreement must beSection 1. That Appendix A (the Zoning
approved by the City Council of Dubuque,Ordinance) of the City of Dubuque Code of
Iowa.Ordinances is hereby amended by reclassifying the
D)Recordinghereinafter described property from C-2
A copy of this Agreement shall be recordedNeighborhood Shopping Center District to C-3
with the Dubuque County Recorder as aGeneral Commercial District, to wit:
permanent record of the conditions accepted asLot 1 of Lot 2 of Lot 1 of Lot 2 of M.L. 363, and
part of this rezoning approval within ten (10)to the center line of the adjoining public right-of-
days of the adoption of Ordinance No. 29-94.way, all in the City of Dubuque, Iowa.
E)ConstructionSection 2. The foregoing amendment has
This Agreement shall be construed andheretofore been reviewed by the Zoning
interpreted as though it were part of AppendixCommission of the City of Dubuque, Iowa.
A of the Code of Ordinances of the City ofSection 3. This ordinance shall take effect
Dubuque, also known as the Zoning Ordinanceimmediately upon publication, as provided by law.
of the City of Dubuque, Iowa.Passed, approved and adopted this 6th day of
F)This Agreement shall be binding upon theJune, 1994.
undersigned and his/her heirs, successor andTerrance M. Duggan, Mayor
assignees.Attest:
ACCEPTANCE OF ORDINANCE NO. 29-94Mary A. Davis, City Clerk
I, Martin J. McNamer, having read the termsPublished officially in the Telegraph Herald
and conditions of the foregoing Ordinance No. 29-10th day of June, 1994.
94 and being familiar with the conditions thereof,1t 6/20 Mary A. Davis, CMC, City Clerk
hereby accept this same and agree to the conditionsCouncil Member Kluesner moved final
required therein.adoption of the Ordinance. Seconded by Council
Dated in Dubuque, Iowa this 6th day of June,Member Nagle. Carried by the following vote:
1994.Yeas—Mayor Duggan, Council Members
By /s/Martin J. McNamerKluesner, Nagle, Nicholson. Nays—None.
Published officially in the Telegraph HeraldAbsent—Council Members Krieg, Robbins,
Voetberg.
newspaper this 10th day of June, 1994.
1t 6/10Mary A. Davis CMC, City Clerk
Council Member Kluesner moved final adoptionProof of Publication certified to by the
of the Ordinance. Seconded by Council MemberPublisher on Notice of Hearing on Plans and
Specifications for Cleaning, Repairing and
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersPainting of the Pennsylvania Water Tower,
Kluesner, Nagle, Nicholson. Nays—None.presented and read. There were no written
Absent—Council Members Krieg, Robbins,objections received and no oral objectors present at
the time of the Hearing. Council Member Nagle
Voetberg.
moved that the proof of publication be received
Regular Session, June 6, 1994180
and filed. Seconded by Council Memberthe City Manager be and is hereby directed to
Nicholson. Carried by the following vote:execute a contract on behalf of the City of
Yeas—Mayor Duggan, Council MembersDubuque for the complete performance of the
Kluesner, Nagle, Nicholson. Nays—None.work.
Absent—Council Members Krieg, Robbins,Section 2. That upon the signing of said
Voetberg.contract and the approval of the contractor's bond,
the City Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful bidders.
RESOLUTION NO. 190-94
Passed, approved and adopted this 6th day of
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONSJune, 1994.
Whereas, on the 2nd day of May, 1994, plans,Terrance M. Duggan, Mayor
specifications, form of contract and estimated costAttest:
were filed with the City Clerk of Dubuque, Iowa,Mary A. Davis, City Clerk
for the Cleaning, Repairing and Painting of theCouncil Member Nagle moved adoption of the
Pennsylvania Avenue Water Tank, andResolution. Seconded by Council Member
Whereas, notice of hearing on plans,Nicholson. Carried by the following vote:
specifications, form of contract and estimated costYeas—Mayor Duggan, Council Members
was published as required by law.Kluesner, Nagle, Nicholson. Nays—None.
NOW THEREFORE, BE IT RESOLVED BYAbsent—Council Members Krieg, Robbins,
THE CITY COUNCIL OF THE CITY OFVoetberg.
DUBUQUE, IOWA:
Section 1. That the said plans, specifications,Proof of Publication certified to by the
form of contract and estimated cost are herebyPublisher on Notice of Hearing on Plans and
approved as the plans, specifications, form ofSpecifications for Pennsylvania Avenue at
contract and estimated cost for said improvementsHempstead High School Traffic Signals, presented
for said project.and read. There were no objections received and
Passed, approved and adopted this 6th day ofno oral objectors present at the time of the Hearing.
June, 1994.Council Member Kluesner moved that the proof of
Terrance M. Duggan, Mayorpublication be received and filed. Seconded by
Attest:Council Member Nicholson. Carried by the
Mary A. Davis, City Clerkfollowing vote: Yeas—Mayor Duggan, Council
Council Member Nagle moved adoption of theMembers Kluesner, Nagle, Nicholson.
Resolution. Seconded by Council MemberNays—None. Absent—Council Members Krieg,
Nicholson. Carried by the following vote:Robbins, Voetberg.
Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson. Nays—None.RESOLUTION NO. 192-94
Absent—Council Members Krieg, Robbins,RESOLUTION ADOPTING PLANS AND
Voetberg.
SPECIFICATIONS
Whereas, on the 27th day of April, 1994, plans,
Proof of Publication certified to by thespecifications, form of contract and estimated cost
Publisher on Notice to Bidders for receipt of bidswere filed with the City Clerk of Dubuque, Iowa
for project and communication of City Managerfor the Pennsylvania Avenue at Hempstead High
recommending to award contract for project,School Traffic Signals.
presented and read. Council Member NagleWhereas, notice of hearing on plans,
moved that the proof and communication bespecifications, form of contract, and estimated cost
received and filed. Seconded by Council Memberwas published as required by law.
Nicholson. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED BY
Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF
Kluesner, Nagle, Nicholson. Nays—None.DUBUQUE, IOWA:
Absent—Council Members Krieg, Robbins,That the said plans, specifications, form of
Voetberg.contract and estimated cost are hereby approved as
the plans, specifications, form of contract and
estimated cost for said improvements for said
RESOLUTION NO. 191-94
AWARDING CONTRACTproject.
Whereas, sealed proposals have been submittedPassed, adopted and approved this 6th day of
by contractors for the Cleaning, Repairing andJune, 1994.
Painting of the Pennsylvania Avenue Water Tank,Terrance M. Duggan, Mayor
pursuant to Resolution No. 170-94 and notice toAttest:
bidders published in a newspaper in the City ofMary A. Davis, City Clerk
Dubuque, Iowa, on the 12th day of May, 1994;Council Member Kluesner moved adoption of
andthe Resolution. Seconded by Council Member
Whereas, said sealed proposals were openedNicholson. Carried by the following vote:
and read on the 26th day of May, 1994, and it hasYeas—Mayor Duggan, Council Members
been determined that the bid of Tenyer Coatings,Kluesner, Nagle, Nicholson. Nays—None.
of Badger, Minnesota, in the amount of $252,000Absent—Council Members Krieg, Robbins,
was the lowest bid for the furnishings of all laborVoetberg.
and materials and performing the work as providedProof of Publication certified to by the
for in the plans and specifications.Publisher on Notice to Bidders for receipt of bids
NOW THEREFORE, BE IT RESOLVED BYfor project and communication of City Manager
THE CITY COUNCIL OF THE CITY OFrecommending to award contract for project,
DUBUQUE, IOWA:presented and read. Council Member Kluesner
Section 1. That the contract for the abovemoved that the proof and communication be
improvement be awarded to Tenyer Coatings, andreceived and filed. Seconded by Council Member
181Regular Session, June 6, 1994
Nicholson. Carried by the following vote:Nagle. Absent—Council Members Krieg,
Yeas—Mayor Duggan, Council MembersRobbins, Voetberg.
Kluesner, Nagle, Nicholson. Nays—None.Council Member Nicholson moved to take this
Absent—Council Members Krieg, Robbins,matter to the June 20th Meeting. Seconded by
Voetberg.Council Member Kluesner. Vote on the motion
was as follows: Yeas—Council Members
RESOLUTION NO. 193-94Kluesner, Nicholson. Nays—Mayor Duggan,
Council Member Nagle. Motion failed.
AWARDING CONTRACT
Whereas, sealed proposals have been submittedCouncil Member Nagle moved to refer this
by contractors for the Pennsylvania Avenue atmatter to Planning and Zoning for their July
Hempstead High School Traffic Signals pursuantmeeting. Seconded by Council Member
to Resolution No. 167-94 and notice to biddersNicholson. Carried by the following vote:
published in a newspaper published in the City ofYeas—Mayor Duggan, Council Members
Dubuque, Iowa on the 12th day of May, 1994.Kluesner, Nagle, Nicholson. Nays—None.
Whereas, said sealed proposals were openedAbsent—Council Members Krieg, Robbins,
and read on the 26th day of May, 1994 and it hasVoetberg.
been determined that the bid of Portzen
Construction, Inc. of Dubuque, Iowa in the amountRESOLUTION NO. 194-94
of $19,867.74 was the lowest bid for theNOW, THEREFORE, BE IT RESOLVED BY
furnishings of all labor and materials andTHE CITY COUNCIL OF THE CITY OF
performing the work as provided for in the plansDUBUQUE, IOWA:
and specifications.That the following having complied with the
NOW THEREFORE, BE IT RESOLVED BYprovisions of law relating to the sale of Cigarettes
THE CITY COUNCIL OF THE CITY OFwithin the City of Dubuque, Iowa, be granted a
DUBUQUE, IOWA:permit to sell Cigarettes and Cigarette Papers
That the contract for the above improvement bewithin said City.
awarded to Portzen Construction, Inc. and theA.Y. McDonald ARA Services
Manager be and is hereby directed to execute a4085 McDonald Dr
contract on behalf of the City of Dubuque for theBeecher Beverage Beecher Co. Inc.
complete performance of the work.1691 Asbury
BE IT FURTHER RESOLVED:Big 10 Mart Molo Oil Co.
That upon the signing of said contract and the9th & Central
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return theBig 10 Mart Molo Oil Co.
bid deposits of the unsuccessful bidders.2100 JFK Rd
Passed, approved and adopted this 6th day ofBig 10 Mart & Car WashMolo Oil Co.
June, 1994.
Terrance M. Duggan, Mayor1875 JFK Rd
Attest:Bunker Hill Snack BarGeorge Stephenson
Mary A. Davis, City Clerk2200 Bunker Hill Rd
Council Member Kluesner moved adoption ofCasey General StoreThe Monday Co
the Resolution. Seconded by Council Member4003 Peru Rd
Nicholson. Carried by the following vote:Casey General StoreAngel Investment Co.
Yeas—Mayor Duggan, Council Members2699 Rockdale Rd
Kluesner, Nagle, Nicholson. Nays—None.Creslanes Bowling, Inc.
Absent—Council Members Krieg, Robbins,Crescent Elec. Supply Co.255 S. Main St
Voetberg.Days InnVendors Unlimited
1111 Dodge St
Communication of Corporation CounselDubuque Inn/Best Western
submitting new stock motions to be used inVendors Unlimited3434 Dodge
connection with the adoption of ordinances,ARA Leisure Serv/Greyhound Pk
presented and read. Council Member NagleARA Leisure Serv.1855 Greyhound Park Rd
moved that the communication be received andEagle Country Market
filed. Seconded by Council Member Nicholson.Eagle Food Centers Inc.1800 Elm St
Carried by the following vote: Yeas—MayorEaglesEagle Food Centers Inc.
Duggan, Council Members Kluesner, Nagle,2050 JFK Rd
Nicholson. Nays—None. Absent—CouncilEagles Eagle Food Centers Inc.
Members Krieg, Robbins, Voetberg.300 S. Locust St
Europa Haus Rest & BierstubeBierstube Inc.
Communication of Council Member Dan1301 Rhomberg
Nicholson advising of intent to request forFDL FoodsFDL Foods, Inc.
reconsideration of vote given at meeting on May701 E. 16th St
16th regarding request of A & M Developers forFamily Beverage CenterDennis Althaus
Planned Unit Development in Marna Ridge Estates3400 Central
and communication of Alan Israel requesting thisFamily MartDennis Althaus
matter be referred to the meeting of June 20th,3201 Central
presented and read. Council Member NicholsonFDL FoodsARA Services
moved to reconsider action taken at the meetingE. 16th St.
held on May 16, 1994. Seconded by CouncilFischer Bowling LanesVendors Unlimited
Member Kluesner. Carried by the following vote:880 Locust St.
Yeas—Mayor Duggan, Council MembersHartig Drug Co.Hartig Drug Co.
Kluesner, Nicholson. Nays—Council Member7th & Town Clock Pl
Hartig Drug Co. Hartig Drug Co.
Regular Session, June 6, 1994182
2225 Central Ave(+ Sunday Sales)320 E. 20th St.
Hartig Drug Co. Hartig Drug Co.CLASS "B" SPECIAL EVENT
2255 JFK Rd.(Five-day Permit)
Hartig Drug Co.Hartig Drug Co.Dubuque JayceesAll That Jazz
157 Locust St.Outdoor ServiceTown Clock Plaza
Hy-Vee StoreHy-Vee Food Stores, Inc.Donna GinterCatfish Festival
3500 Dodge St.Outdoor ServiceHawthorne & Kerper
IOCO Speede ShoppeIowa Oil Co.CLASS "BE" BEER PERMIT
1481 Dodge St.Beecher's Beverage Beecher Co., Inc.
IOCO Speede Shoppe Iowa Oil Co.1691 Asbury Rd.
1998 Jackson St.CLASS "C" BEER PERMIT
IOCO Speede Shoppe Iowa Oil Co.Oky Doky #15Jena, Inc.
3250 Dodge St(+ Sunday Sales)1101 Rhomberg Ave.
IOCO Speede ShoppeIowa Oil Co.Passed, approved and adopted this 6th day of
1387 Dodge St.June, 1994.
Iowa Speede ShoppeIowa Oil Co.Terrance M. Duggan, Mayor
2335 UniversityAttest:
Iowa Speede ShoppeIowa Oil Co.Mary A. Davis CMC, City Clerk
3200 Central Ave.Council Member Kluesner moved adoption of
Iowa Speede ShoppeIowa Oil Co.the Resolution. Seconded by Council Member
2150 Twin ValleyNicholson. Carried by the following vote:
Julien InnVendors UnlimitedYeas—Mayor Duggan, Council Members
200 Main St.Kluesner, Nagle, Nicholson. Nays—None.
McCann's IOCOMcCann's Service, Inc.Absent—Council Members Krieg, Robbins,
690 W. LocustVoetberg.
Miracle Car WashMiracle Car Wash
3199 University Ave
RESOLUTION NO. 196-94
Neighbor's TapBarbara HawbakerWhereas, applications for Liquor Licenses have
1899 Rockdale Rd.been submitted to this Council for approval and the
Oky Doky #7Albert Heibergersame have been examined and approved; and
3301 Pennsylvania Ave.Whereas, the premises to be occupied by such
Pipe InnBetty Kremerapplicants were inspected and found to comply
Kennedy Mallwith the State Law and all City Ordinances
Riverside BowlRiverside Bowl, Inc.relevant thereto and they have filed proper bonds.
1860 HawthorneNOW, THEREFORE, BE IT RESOLVED BY
Sid's BeverageBeverly MillerTHE CITY COUNCIL OF THE CITY OF
2727 Dodge St.DUBUQUE, IOWA:
Wal-Mart #2004Wal-Mart Stores, Inc.That the Manager be authorized to cause to be
4200 Dodge St.issued the following named applicants
Walnut TapCraig Weiner a Liquor License.
0909 WalnutCLASS "C" (COMMERCIAL) BEER AND
Passed, approved and adopted this 6th day ofLIQUOR LICENSE
June, 1994.House of China, Inc.House of China
Terrance M. Duggan, Mayor801 Town Clock Plaza
Attest:B'Z Bernice M. Bauer
Mary A. Davis CMC, City Clerk431 Rhomberg
Council Member Kluesner moved adoption ofRiverside Bowl, Inc.Riverside Bowl
the Resolution. Seconded by Council Member1860 Hawthorne
Nicholson. Carried by the following vote:Clarion Hotel (Outdoor Service Only)
Yeas—Mayor Duggan, Council MembersKinseth Corp.450 Main St.
Kluesner, Nagle, Nicholson. Nays—None.Passed, approved and adopted this 6th day of
Absent—Council Members Krieg, Robbins,June, 1994.
Voetberg.Terrance M. Duggan, Mayor
Attest:
RESOLUTION NO. 195-94Mary A. Davis CMC, City Clerk
Whereas, applications for Beer Permits haveCouncil Member Kluesner moved adoption of
been submitted and filed to this Council forthe Resolution. Seconded by Council Member
approval and the same have been examined andNicholson. Carried by the following vote:
approved; andYeas—Mayor Duggan, Council Members
Whereas, the premises to be occupied by suchKluesner, Nagle, Nicholson. Nays—None.
applicants were inspected and found to complyAbsent—Council Members Krieg, Robbins,
with the Ordinances of this City and have filedVoetberg.
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BYCommunication of Zoning Commission
THE CITY COUNCIL OF THE CITY OFadvising of the denial to rezone properties located
DUBUQUE, IOWA:North of Dodge Street between Collins Street and
That the Manager be authorized to cause to beDevon Drive; Communication of Wayne Norman,
issued the following named applicants a BeerJr. requesting public hearing for all three parcels
Permit.be set for July 18th; and Communication of
CLASS "B" BEER PERMITAttorney Allen Carew submitting comments
Prospect Pizza Ltd.Pizza Hut of Dbq. #1regarding the UD's rezoning request, presented and
(+ Sunday Sales)2075 John F.Kennedyread. Council Member Nagle moved that the
Prospect Pizza Ltd. Pizza Hut of Dbq. #2 communication be received and filed. Seconded
183Regular Session, June 6, 1994
by Council Member Kluesner. Carried by theNOW THEREFORE, BE IT RESOLVED BY
following vote: Yeas—Mayor Duggan, CouncilTHE CITY COUNCIL OF THE CITY OF
Members Kluesner, Nagle, Nicholson.DUBUQUE, IOWA:
Nays—None. Absent—Council Members Krieg,That on the 5th day of July, 1994, a public
Robbins, Voetberg.hearing will be held at 7:30 p.m. in the Public
An Ordinance Amending Zoning Map byLibrary Auditorium at which time interested
reclassifying properties located North of Dodgepersons may appear and be heard for or against the
Street between Devon Drive and Collins Streetproposed plans and specifications, form of contract
from R-1 Single-Family Residential District andand cost of said improvement, and the City Clerk
ID Institutional District to PUD Planned Unitbe and is hereby directed to cause a notice of time
Development District with a Planned Commercialand place of such hearing to be published in a
District designation and adopting a Conceptualnewspaper having general circulation in the City of
Development Plan, with Conditions, presented andDubuque, Iowa, which notice shall be not less than
read. Council Member Nagle moved that a Publicfour days nor more than twenty days prior to the
Hearing be held on the proposed Ordinance onday fixed for its consideration. At the hearing, any
June 20, 1994 at 7:30 p.m. in the Public Libraryinterested person may appear and file objections to
Auditorium and that the City Clerk be directed tothe proposed plans, specifications, contract, or
publish notice in the manner prescribed by law.estimated cost of the improvement.
Seconded by Council Member Kluesner. CarriedPassed, adopted and approved this 6th day of
by the following vote: Yeas—Mayor Duggan,June, 1994.
Council Members Kluesner, Nagle, 1Nicholson.Terrance M. Duggan, Mayor
Nays—None. Absent—Council Members Krieg,Attest:
Robbins, Voetberg.Mary A. Davis, City Clerk
Council Member Kluesner moved adoption of
Communication of City Manager submittingthe Resolution. Seconded by Council Member
documents providing for the reconstruction of theNagle. Carried by the following vote:
11th Street Storm Sewer from Elm Street to WhiteYeas—Mayor Duggan, Council Members
Street, presented and read. Council MemberKluesner, Nagle, Nicholson. Nays—None.
Kluesner moved that the communication beAbsent—Council Members Krieg, Robbins,
received and filed. Seconded by Council MemberVoetberg.
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 199-94
Kluesner, Nagle, Nicholson. Nays—None.ORDERING BIDS
Absent—Council Members Krieg, Robbins,NOW THEREFORE, BE IT RESOLVED BY
Voetberg.THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
RESOLUTION NO. 197-94That the 11th Street Storm Sewer
Reconstruction from Elm Street to White Street is
PRELIMINARY APPROVAL OF PLANS
AND SPECIFICATIONShereby ordered to be advertised for bids for
NOW THEREFORE, BE IT RESOLVED BYconstruction.
THE CITY COUNCIL OF THE CITY OFBE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid shall
DUBUQUE, IOWA:
That the proposed plans, specifications, form ofbe in an amount which shall conform to the
contract and estimated cost for the 11st Streetprovisions of the notice to bidders hereby approved
Storm Sewer Reconstruction from Elm Street toas a part of the plans and specifications heretofore
adopted.
White Street, in the estimated amount of
$208,071.00, are hereby approved and orderedThat the City Clerk is hereby directed to
filed in the office of the City Clerk for publicadvertise for bids for the construction of the
improvements herein provided, to be published in
inspection.
Passed, adopted and approved this 6th day ofa newspaper having general circulation in the City
June, 1994.of Dubuque, Iowa, which notice shall not be less
Terrance M. Duggan, Mayorthan four days nor more than twenty days prior to
the receipt of said bids at 2:00 p.m. on the 23rd
Attest:
Mary A. Davis, City Clerkday of June, 1994. Bids shall be opened and read
Council Member Kluesner moved adoption ofby the City Clerk at said time and will be
the Resolution. Seconded by Council Membersubmitted to the Council for final action at 7:30
p.m. on the 5th day of July, 1994.
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersPassed, adopted and approved this 6th day of
Kluesner, Nagle, Nicholson. Nays—None.June, 1994.
Absent—Council Members Krieg, Robbins,Terrance M. Duggan, Mayor
Voetberg.Attest:
Mary A. Davis, City Clerk
Council Member Kluesner moved adoption of
RESOLUTION NO. 198-94
the Resolution. Seconded by Council Member
FIXING DATE OF HEARING ON PLANS
AND SPECIFICATIONSNagle. Carried by the following vote:
Whereas, the City Council of the City ofYeas—Mayor Duggan, Council Members
Dubuque, Iowa has given its preliminary approvalKluesner, Nagle, Nicholson. Nays—None.
Absent—Council Members Krieg, Robbins,
on the proposed plans, specifications, and form of
contract and placed same on file in the office of theVoetberg.
City Clerk for public inspection of the 11th Street
Storm Sewer Reconstruction from Elm Street toCommunication of City Manager requesting a
public hearing providing for the vacation of a
White Street.
portion of right-of-way at 2350 Kerper Boulevard,
Regular Session, June 6, 1994184
presented and read. Council Member NagleNays—None. Absent—Council Members Krieg,
moved that the communication be received andRobbins, Voetberg.
filed. Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—MayorPrinted Council Proceedings for month of
Duggan, Council Members Kluesner, Nagle,December, 1993 for Council approval, presented
Nicholson. Nays—None. Absent—Counciland read. Council Member Nagle moved that the
Members Krieg, Robbins, Voetberg.Proceedings be approved as printed. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Council
RESOLUTION NO. 200-94
RESOLUTION DISPOSING OF CITYMembers Kluesner, Nagle, Nicholson.
INTEREST IN LOT 1A AND LOT 2A INNays—None. Absent—Council Members Krieg,
Robbins, Voetberg.
BLOCK 6 OF RIVER FRONT
SUBDIVISION NO. 3 IN THE CITY OF
DUBUQUE, IOWAMINUTES SUBMITTED — Electrical Code
Whereas, IIW Engineers & Surveyors, P.C. ofBoard of 5-13; Environmental Stewardship
Dubuque, Iowa has prepared and submitted to theCommission of 5-10; Five Flags Commission of 4-
City Council a plat showing the vacated portion of18; Historic Preservation Commission of 1-26, 2-
Kerper Boulevard and assigned lot numbers9, 3-23, 5-2 & 5-19; Special Housing Commission
thereto, which hereinafter shall be known andof 5-24; Library Board of Trustees of 4-28; Park
described as Lot 1A and Lot 2A in Block 6 of& Recreation Commission of 5-10, presented and
River Front Subdivision No. 3 in the City ofread. Council Member Nagle moved that the
Dubuque, Iowa; andminutes be received and filed. Seconded by
Whereas, the City Council of the City ofCouncil Member Nicholson. Carried by the
Dubuque, Iowa has determined that this vacatedfollowing vote: Yeas—Mayor Duggan, Council
portion of Kerper Boulevard is no longer requiredMembers Kluesner, Nagle, Nicholson.
for public use, and sale of said portion of KerperNays—None. Absent—Council Members Krieg,
Boulevard known as Lot 1A and Lot 2A in RiverRobbins, Voetberg.
Front Subdivision No. 3 in the City of Dubuque,
Dubuque County, Iowa should be approved.NOTICES OF CLAIMS/SUITS — Jim Brown
NOW, THEREFORE, BE IT RESOLVED BYin amount of $80.00 for vehicle damages; Alfred
THE CITY COUNCIL OF THE CITY OFEngling in amount of $106.00 for tire damages;
DUBUQUE, IOWA:Daniel R. Grutz in amount of $100.00 for property
Section 1. That the City of Dubuque intends todamages; Nesler Centre (Mike Kielty) in amount
dispose of its interest in Lot 1A and Lot 2A inof $519.71 for property damages; Francis J.
Block 6 of River Front Subdivision No. 3 in theThomas, Jr., in amount of $100.00 to $120.00 for
City of Dubuque, Iowa.vehicle damages, presented and read. Council
Section 2. That the conveyance of Lot 1A andMember Nagle moved that the claims and suits be
Lot 2A in Block 6 of River Front Subdivision No.referred to the Legal Staff for investigation and
3 in the City of Dubuque, Iowa to Sanofi Bio-report. Seconded by Council Member Nicholson.
Industries, Inc. be contingent upon the payment ofCarried by the following vote: Yeas—Mayor
$22,421.10, plus publication and filing fees.Duggan, Council Members Kluesner, Nagle,
Section 3. That the City Clerk be and is herebyNicholson. Nays—None. Absent—Council
authorized and directed to cause a notice of intentMembers Krieg, Robbins, Voetberg.
to dispose of said real estate to be published in the
manner as prescribed by law.Communications of Corporation Counsel
Passed, approved and adopted this 6th day ofrecommending settlement of following claims: Car
June, 1994.damage of Lynn Bruns in amount of $500.00;
Terrance M. Duggan, MayorMotorhome damage of Cathy D. Falcone in
Attest:amount of $49.82; Car damage of Kenneth Kunkel
Mary A. Davis, City Clerkin amount of $73.34; Window damage of Nesler
Council Member Nagle moved adoption of theCentre in amount of $519.71, presented and read.
Resolution and setting for public hearing on 7-5-Council Member Nagle moved that the settlements
94 and direct the City Clerk to publish notice inbe approved and Finance Director to issue proper
the manner prescribed by law. Seconded bychecks. Seconded by Council Member Nicholson.
Council Member Nicholson. Carried by theCarried by the following vote: Yeas—Mayor
following vote: Yeas—Mayor Duggan, CouncilDuggan, Council Members Kluesner, Nagle,
Members Kluesner, Nagle, Nicholson.Nicholson. Nays—None. Absent—Council
Nays—None. Absent—Council Members Krieg,Members Krieg, Robbins, Voetberg.
Robbins, Voetberg.
Communication of Corporation Counsel
Communication of City Managerrecommending denial of property damage claim of
recommending a public hearing be set for 7-5-94Andy and Terri Dolter, presented and read.
to assess civil penalties of $600 against ChadCouncil Member Kluesner moved that the denial
Streff, licensee of the Whiskey River and $300be approved. Seconded by Council Member
against Lee W. Potter, Sr., licensee of Lee's 76 andNagle. Carried by the following vote:
West Locust Mart, presented and read. CouncilYeas—Council Members Kluesner, Nagle,
Member Nagle moved that the communication beNicholson. Nays—Mayor Duggan.
received and filed and approved setting the PublicAbsent—Council Members Krieg, Robbins,
Hearing for July 5, 1994 and direct the City ClerkVoetberg.
to publish notice in the manner pr. Seconded by
Council Member Nicholson. Carried by theCommunication of Corporation Counsel
following vote: Yeas—Mayor Duggan, Counciladvising of Joint and Mutual Release between the
Members Kluesner, Nagle, Nicholson.City and F. Roger and Anna S. Murray and
185Regular Session, June 6, 1994
requesting Mayor be authorized to execute release,Section 1. That the Mayor of the City of
presented and read. Council Member NagleDubuque be and he is hereby authorized and
moved that the communication be received anddirected to execute an Amended Annual
filed. Seconded by Council Member Nicholson.Contributions Contract, with the U.S. Department
Carried by the following vote: Yeas—Mayorof Housing and Urban Development, for project
Duggan, Council Members Kluesner, Nagle,No. IA05-K087-005, under Master Annual
Nicholson. Nays—None. Absent—CouncilContributions Contract No. KC-9004E, on behalf
Members Krieg, Robbins, Voetberg.of the City of Dubuque.
Section 2. This Resolution shall take effect
Proofs of Publication certified to by theimmediately.
Publisher on Notice of Finding of No SignificantPassed, approved and adopted this 6th day of
Effect on HOME Investment Partnership Program;June, 1994.
Notice of Finding of No Significant Effect on theTerrance M. Duggan, Mayor
Environment for various Community DevelopmentAttest:
projects, presented and read. Council MemberMary A. Davis, City Clerk
Nagle moved that the proofs be received and filed.Council Member Nagle moved adoption of the
Seconded by Council Member Nicholson. CarriedResolution. Seconded by Council Member
by the following vote: Yeas—Mayor Duggan,Nicholson. Carried by the following vote:
Council Members Kluesner, Nagle, Nicholson.Yeas—Mayor Duggan, Council Members
Nays—None. Absent—Council Members Krieg,Kluesner, Nagle, Nicholson. Nays—None.
Robbins, Voetberg.Absent—Council Members Krieg, Robbins,
Voetberg.
Andrea Shickles advising Rebecca Greve is
newly appointed council President for WashingtonTCI Cablevision of Dubuque, Inc., submitting
Neighborhood Council, Inc., presented and read.their Annual Report for 1993, presented and read
Council Member Nagle moved that theCouncil Member Nagle moved that the report be
communication be received and filed. Secondedreceived and filed. Seconded by Council Member
by Council Member Nicholson. Carried by theNicholson. Carried by the following vote:
following vote: Yeas—Mayor Duggan, CouncilYeas—Mayor Duggan, Council Members
Members Kluesner, Nagle, Nicholson.Kluesner, Nagle, Nicholson. Nays—None.
Nays—None. Absent—Council Members Krieg,Absent—Council Members Krieg, Robbins,
Robbins, Voetberg.Voetberg.
Gordon Fowler submitting his resignation fromCommunication of City Manager
Investment Oversight Commission effectiverecommending approval of Supplement No. 18 to
immediately; Shaun Kane resigning from Zoningthe Code of Ordinances, presented and read.
Commission effective June 1, 1994, presented andCouncil Member Nagle moved that the
read. Council Member Nagle moved that thecommunication be received and filed. Seconded
resignation be received and filed and accepted withby Council Member Nicholson. Carried by the
regret. Seconded by Council Member Nicholson.following vote: Yeas—Mayor Duggan, Council
Carried by the following vote: Yeas—MayorMembers Kluesner, Nagle, Nicholson.
Duggan, Council Members Kluesner, Nagle,Nays—None. Absent—Council Members Krieg,
Nicholson. Nays—None. Absent—CouncilRobbins, Voetberg.
Members Krieg, Robbins, Voetberg.
RESOLUTION NO. 202-94
Communication of City Manager
ADOPTING SUPPLEMENT NO. 18 TO THE
recommending amendment to the City's AnnualCODE OF ORDINANCES OF THE CITY OF
Contributions Contract with HUD for Section 8DUBUQUE, IOWA
Moderate Rehabilitation Program, presented andWhereas, under date of July 17, 1989, the City
read. Council Member Nagle moved that theCouncil, pursuant to Ordinance No. 34-89,
communication be received and filed. Secondedreadopted the Code of Ordinances of the City of
by Council Member Nicholson. Carried by theDubuque, Iowa for ordinances adopted up to and
following vote: Yeas—Mayor Duggan, Councilincluding December 19, 1988; and
Members Kluesner, Nagle, Nicholson.Whereas, since December 19, 1988 the City
Nays—None. Absent—Council Members Krieg,Council of the City of Dubuque, Iowa has adopted
Robbins, Voetberg.certain ordinances amending the Code of
Ordinances and said amendments have been
RESOLUTION NO. 201-94printed as supplements to the Code of Ordinances;
RESOLUTION AUTHORIZINGand
Whereas, Section 380.8 of the Code of
EXECUTION OF AN AMENDED ANNUAL
CONTRIBUTIONS CONTRACT FOROrdinances provides that supplements, by
MODERATE REHABILITATIONresolution, become part of the Code of Ordinances.
PROGRAM PROJECT NO. IA05-K087-005.NOW THEREFORE, BE IT RESOLVED BY
Whereas, the Department of Housing andTHE CITY COUNCIL OF THE CITY OF
Urban Development has requested the City toDUBUQUE, IOWA:
agree to an amendment of this ModerateSection 1. That Supplement No. 18 of the
Rehabilitation Program contract due to regulationsCode of Ordinances of the City of Dubuque, Iowa,
requiring contract amendment when units arecovering Ordinances through Ordinance No. 12-94
redistributed.enacted through March 21, 1994 and prepared by
NOW, THEREFORE, BE IT RESOLVED BYthe Municipal Code Corporation, Tallahassee,
THE CITY COUNCIL OF THE CITY OFFlorida, hereto filed in the Office of the City Clerk
DUBUQUE, IOWA:of the City of Dubuque, Iowa be and is hereby
Regular Session, June 6, 1994186
adopted and becomes part of the Code ofpublic comment period until 12:00 noon, Friday,
Ordinances of the City of Dubuque, Iowa.June 3, 1994; and
Passed, approved and adopted this 6th day ofWhereas, public notice of a "Finding of no
June, 1994.Significant Effect on the Environment" for the
Terrance M. Duggan, Mayorproject was sent by regular mail to various federal,
Attest:state and local public agencies and to the local
Mary A. Davis CMC, City Clerknews media, individuals and groups known to be
Council Member Nagle moved adoption of theinterested and believed to be appropriate to receive
Resolution. Seconded by Council Membersuch a public notice; and
Nicholson. Carried by the following vote:Whereas, any and all objections, if any, to such
Yeas—Mayor Duggan, Council Membersproposals have been duly considered; and
Kluesner, Nagle, Nicholson. Nays—None. Whereas, it is the intent of the City Council to
Absent—Council Members Krieg, Robbins,authorize the submission of a request to the U.S.
Voetberg.Department of Housing and Urban Development
for the release of funds to carry out the above-
Corporation Counsel Lindahl advising the Cityidentified project.
Council and Conference Board of Notice ofNOW, THEREFORE, BE IT RESOLVED BY
Voluntary Settlement concerning Richard E. andTHE CITY COUNCIL OF THE CITY OF
Georgia A. Goebel's tax protest, presented and readDUBUQUE, IOWA:
Council Member Nagle moved that theSection 1. That the environmental review
communication be received and filed. Secondedrecord for the project shall continue to remain on
by Council Member Nicholson. Carried by thefile in the office of the City Clerk where said
following vote: Yeas—Mayor Duggan, Councilrecord may be examined and copied by any
Members Kluesner, Nagle, Nicholson.interested party.
Nays—None. Absent—Council Members Krieg,Section 2.That the Mayor of the City of
Robbins, Voetberg.Dubuque is hereby authorized and directed to
submit to the State of Iowa Department of
Communication of City Manager advising theEconomic Development seven (7) days after
City of Dubuque has been awarded the Certificatepublication of appropriate notice a Request for
of Achievement for Excellence in FinancialRelease of Funds to undertake the said project.
Reporting from the Government Finance OfficersSection 3.That the Mayor of the City of
Association for the FY'93 Comprehensive AnnualDubuque is hereby authorized to consent to
Finance Report, presented and read. Councilassume the status of a responsible federal official
Member Nagle moved that the communication beunder the National Environmental Protection
received and filed. Seconded by Council MemberAction, insofar as the provisions of the said Act
Nicholson. Carried by the following vote:apply to the State of Iowa Department of
Yeas—Mayor Duggan, Council MembersEconomic Development responsibilities for review,
Kluesner, Nagle, Nicholson. Nays—None.decision making, and action assumed and carried
Absent—Council Members Krieg, Robbins,out by the City of Dubuque as to environmental
Voetberg.issues.
Section 4.That the Mayor of the City of
Communication of City Manager requestingDubuque is hereby authorized to consent,
authorization to publish Notice of request forpersonally, in his official capacity and on behalf of
release of funds for HOME Investment Partnershipthe City of Dubuque to accept the jurisdiction of
Program, presented and read. Council Memberthe federal courts if any action is brought to
Nagle moved that the communication be receivedenforce responsibilities in relation to
and filed. Seconded by Council Memberenvironmental reviews, decision making and
Nicholson. Carried by the following vote:action.
Yeas—Mayor Duggan, Council MembersSection 5.That the Mayor of the City of
Kluesner, Nagle, Nicholson. Nays—None.Dubuque be and he is hereby authorized and
Absent—Council Members Krieg, Robbins,directed to execute a certification pertaining to the
Voetberg.environmental review procedures.
Section 6.That the City Clerk be and she is
RESOLUTION NO. 203-94hereby authorized and directed to publish a public
RESOLUTION AUTHORIZINGnotice for a Request for the Release of Funds and
SUBMISSION OF A REQUEST FORCertification attached hereto and made a part
hereof.
RELEASE OF FUNDS FOR THE HOME
INVESTMENT PARTNERSHIP PROGRAMPassed, approved and adopted this 6th day of
Whereas, the City of Dubuque has entered intoJune, 1994.
a contract (#M-93-5G-19-0161-100) and aTerrance M. Duggan, Mayor
Funding Agreement (#M-93-5G-19-100-20)Attest:
providing for financial assistance in the amount ofMary A. Davis, City Clerk
$247,000 effective April 5, 1994, with the State ofCouncil Member Nagle moved adoption of the
Iowa Department of Economic Development; andResolution. Seconded by Council Member
Whereas, the Housing Services Department ofNicholson. Carried by the following vote:
the City of Dubuque completed and environmentalYeas—Mayor Duggan, Council Members
assessment for the HOME Investment PartnershipKluesner, Nagle, Nicholson. Nays—None.
Program; andAbsent—Council Members Krieg, Robbins,
Whereas, pursuant to Resolution No. 186-94,Voetberg.
adopted May 16, 1994, public notice of a "Finding
of No Significant Effect on the Environment" forCommunication of City Manager requesting
the project was published May 18, 1994, in theauthorization to publish a request for release of
Dubuque Telegraph Herald, and provided for afunds for certain Community Development Block
187Regular Session, June 6, 1994
Grant projects, presented and read. Councilassume the status of a responsible federal official
Member Nagle moved that the communication beunder the National Environmental Protection Act,
received and filed. Seconded by Council Memberinsofar as the provisions of the said Act apply to
Nicholson. Carried by the following vote:the U.S. Department of Housing and Urban
Yeas—Mayor Duggan, Council MembersDevelopment responsibilities for review, decision
Kluesner, Nagle, Nicholson. Nays—None.making, and action assumed and carried out by the
Absent—Council Members Krieg, Robbins,City of Dubuque as to environmental issues.
Voetberg.Section 4.That the Mayor of the City of
Dubuque is hereby authorized to consent
RESOLUTION NO. 204-94personally, in his official capacity and on behalf of
RESOLUTION AUTHORIZINGthe City of Dubuque to accept the jurisdiction of
the federal courts if an action is brought to enforce
SUBMISSION OF A REQUEST FOR
RELEASE OF FUNDS FOR CERTAINresponsibilities in relation to environmental
COMMUNITY DEVELOPMENT BLOCKreviews, decision making, and action.
GRANT PROJECTSSection 5.That the Mayor of the City of
Whereas, the Community DevelopmentDubuque be and he is hereby authorized and
Department on April 28, 1994 completed andirected to execute a certification pertaining to the
environmental assessment of the following projectsenvironmental review procedures.
to be funded in the Community DevelopmentSection 6.That the City Clerk be and she is
Block Grant:hereby authorized and directed to publish a public
Housing Rehabilitationnotice for a Request for Release of Funds attached
!
- Single Unit Rehab Loan Programhereto and made a part hereof.
- Rental Rehab ProgramPassed, approved and adopted this 6th day of
- Operation Paint BrushJune, 1994.
- Code EnforcementTerrance M. Duggan, Mayor
Public Service ActivitiesAttest:
!
- Neighborhood Recreation ProgramMary A. Davis, City Clerk
Interim Assistance Council Member Nagle moved adoption of the
!
- Neighborhood Clean-upResolution. Seconded by Council Member
Public FacilitiesNicholson. Carried by the following vote:
!
- Neighborhood Sidewalk ProgramYeas—Mayor Duggan, Council Members
- Neighborhood Step/Wall RepairKluesner, Nagle, Nicholson. Nays—None.
- Neighborhood Park ImprovementsAbsent—Council Members Krieg, Robbins,
Special Economic Development ActivitiesVoetberg.
!
- Economic Development Loan Program
- Commercial/Industrial Building Rehab LoansThere being no further business, Council
Whereas, pursuant to Resolution No. 187-94Member Nagle moved to adjourn. Seconded by
adopted May 16, 1994, public notice of a "FindingCouncil Member Kluesner. Carried by the
of No Significant Effect on the Environment" forfollowing vote: Yeas—Mayor Duggan, Council
the above projects was published May 18, 1994 inMembers Kluesner, Nagle, Nicholson.
the Dubuque Telegraph Herald and provided for aNays—None. Absent—Council Members Krieg,
public comment period until noon, Friday, June 3,Robbins, Voetberg. Meeting adjourned at 8:36
1994; andp.m.
Whereas, public notice of a "Finding of No
Significant Effect on the Environment" for theMary A. Davis CMC
projects was sent by regular mail to variousCity Clerk
federal, stated and local public agencies and to the
local news media, individuals and groups known
to be interested and believed to be appropriate to
Approved ______________________, 1995.
receive such a public notice; and
Whereas, any and all objections, if any, to such
proposals have been duly considered; and
Adopted _______________________, 1995.
Whereas, it is the intent of the City Council to
authorize the submission of a request to the U.S.
Department of Housing and Urban Development
____________________________________
for the release of funds to carry out the above-
Mayor
identified projects.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
____________________________________
DUBUQUE, IOWA:
Section 1.That the environmental review
____________________________________
record for each of the projects shall continue to
remain on file in the Office of the City Clerk where
said record may be examined and copied by any
____________________________________
interested party.
Section 2.That the Mayor of the City of
Dubuque is hereby authorized and directed to
____________________________________
submit to the U.S. Department of Housing and
Urban Development seven (7) days after
____________________________________
publication of appropriate notice a Request for
Release of Funds to undertake the said projects.
Section 3.That the Mayor of the City of
____________________________________
Dubuque is hereby authorized to consent to
Regular Session, June 6, 1994188
Council Members
Attest:
____________________________________
City Clerk
191Regular Session, June 20, 1994
DESCRIBED PROPERTY LOCATED AT
898 CEDAR CROSS ROAD FROM AG
DUBUQUE
AGRICULTURAL DISTRICT TO C-3
GENERAL COMMERCIAL DISTRICT,
WITH CONDITIONS.
CITY COUNCIL
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
OFFICIALSection 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
PROCEEDINGS
Ordinances is hereby amended by reclassifying the
hereinafter described property from AG
Agricultural District to C-3 General Commercial
City Council, Regular Session, June 20, 1994District, with conditions as stated in the attached
Memorandum of Agreement, to wit:
Council met at 7:30 P.M. Public Library
The northeasterly 391 feet of Lot 3 of J. George
Auditorium
Present: Mayor Duggan, Council MembersSubdivision, and to the center line of the adjoining
Kluesner, Krieg, Nagle Nicholson, Robbins,public right-of-way, all in the City of Dubuque,
Iowa.
Voetberg, City Manager Michael C. Van Milligen,
Section 2. The foregoing amendment has
Corporation Counsel Barry A. Lindahl.
heretofore been reviewed by the Zoning
Mayor Duggan read the call and stated this isCommission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect
the Regular Session of the City Council called for
the purpose to act upon such business which mayimmediately upon publication, as provided by law.
properly come before the Council.Passed, approved and adopted this 20th day of
June, 1994.
Terrance M. Duggan, Mayor
Invocation was given by Rev. Duane Manson,
Chaplain of Luther Manor.Attest:
Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE NO. 31-94
PROCLAMATIONS — June 25 thru July 2 as
I, James F. Mullen, Tri-State Golf Center, Inc.,
"Amateur Radio Week".
having read the terms and conditions of the
Council Member Nagle moved that the rules beforegoing Ordinance No. 31-94 and being familiar
with the conditions thereof, hereby accept this
suspended to allow anyone present to address the
same and agree to the conditions required therein.
Council. Seconded by Council Member Robbins.
Carried by the following vote: Yeas—MayorDated in Dubuque, Iowa this 15th day of June,
1994.
Duggan, Council Members Kluesner, Krieg,
By /s/James F. Mullen
Nagle, Nicholson, Robbins, Voetberg.
Nays—None. Tri-State Golf Center, Inc.
Published officially in the Telegraph Herald
newspaper this 24th day of June, 1994.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to reclassify1t 6/24 Mary A. Davis, City Clerk
property located at 898 Cedar Cross Road fromCouncil Member Kluesner moved that the
AG to C-3 General Commercial District, petitionsrequirement that a proposed Ordinance be
considered and voted on for passage at one Council
containing 368 signatures supporting Tri-State
Golf Center, Inc., in their endeavor to rezoneMeeting prior to the meeting at which it is to be
property on Cedar Cross Road, presented and read.finally passed be suspended. Seconded by Council
There were no written objections and no oralMember Nicholson. Carried by the following vote:
objectors present at the time of the Hearing.Yeas—Mayor Duggan, Council Members
Council Member Kluesner moved that the proofKluesner, Krieg, Nagle, Nicholson, Robbins,
and petitions be received and filed. Seconded byVoetberg. Nays—None.
Council Member Kluesner moved final
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Councilconsideration and passage of the Ordinance.
Members Kluesner, Krieg, Nagle, Nicholson.Seconded by Council Member Nicholson. Carried
Robbins, Voetberg. Nays—None. by the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
Jim Mullen, Vice Pres. of Tri-State Golf
Center, requested approval, having agreed to theNicholson, Robbins, Voetberg. Nays—None.
conditions set forth.
An Ordinance Amending Zoning Ordinance byPublic Hearing (Tabled from meeting of May
16, 1994) to reclassify property located between
reclassifying property located at 898 Cedar Cross
Road from AG Agricultural District to C-32120 and 2130 Elm Street from R-2A to CS and
General Commercial District, with Conditions,Wholesale District, presented and read.
Council Member Robbins moved that the proof
said Ordinance denied by the Zoning Commission
set for hearing only on May 16th with no readingsbe received and filed. Seconded by Council
given, presented for further action. Member Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
(OFFICIAL PUBLICATION)
ORDINANCE NO. 31-94Voetberg. Nays—None.
AN ORDINANCE AMENDINGJohn Herrig, Realtor, and Terry Lyons of
American Tree Service, requested the rezoning.
APPENDIX A (THE ZONING
An Ordinance Amending Zoning Map by
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BYreclassifying properties located between 2120 and
2130 Elm Street from R-2A Alternate Two-Family
RECLASSIFYING HEREINAFTER
Regular Session, June 20, 1994192
Residential District to CS Commercial Service andand ID District to PUD District with a Planned
Wholesale District, said Ordinance presented atCommercial District; Reclassify properties on
meetings of April 18th and May 16th, with noCollins Street from ID TO PR Planned Residential
readings given and denied by Zoning Commission,District; and Approving an Amended Conceptual
presented for further action. Development Plan (allowing for a Soccer Field)
(all requested by University of Dubuque.),
(OFFICIAL PUBLICATION)presented and read. Council Member Nicholson
moved that the proofs be received and filed.
ORDINANCE NO. 32-94AN ORDINANCE
Seconded by Council Member Voetberg. Carried
AMENDING APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OFby the following vote: Yeas—Mayor Duggan,
DUBUQUE CODE OF ORDINANCES, BYCouncil Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATEDCommunications of Francis & Elizabeth
BETWEEN 2120 AND 2130 ELM STREETTekippe, Robert & Jeanette Schreiber (2) Les
FROM R-2A ALTERNATE TWO-FAMILYEntringer, Gib & Eunice Crippes and Petition
containing additional 21 signatures
RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND
WHOLESALE DISTRICT, WITH objecting to rezoning as proposed by University of
Dubuque, presented and read. Council Member
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BYNicholson moved that the communications be
THE CITY COUNCIL OF THE CITY OFreceived and filed. Seconded by Council Member
DUBUQUE, IOWA:Voetberg. Carried by the following vote:
Section 1. That Appendix A (the ZoningYeas—Mayor Duggan, Council Members
Ordinance) of the City of Dubuque Code ofKluesner, Krieg, Nagle, Nicholson, Robbins,
Ordinances is hereby amended by reclassifying theVoetberg. Nays—None.
hereinafter described property from R-2AJohn Agria, Pres. of the University of Dubuque,
Alternate Two-Family Residential District to CSDr. David Pierce of the University of Dubuque,
Commercial Service and Wholesale District, withand Bob Welstead of the Dial Corp. gave
conditions as stated in the attached Memorandumbackground specifics and requested adoption of the
of Agreement, to wit:Ordinance. Attorney Doug Kintzinger, Connie
Lot A of Oestringer's Subdivision, and to theBandy Hodge, Brent Hamilton, Paul Rossiter,
center line of the adjoining public right-of-way,James Dackson, Allan Thoms, all spoke requesting
all in the City of Dubuque, Iowa.passage of the proposed zoning change. Steve
Section 2. The foregoing amendment hasHardie of the Zoning Comm. stated traffic
heretofore been reviewed by the Zoningconcerns. Attorney Alan Carew representing the
Commission of the City of Dubuque, Iowa.Plaza 20 neighbors stated opposition to this
Section 3. This ordinance shall take effectdevelopment for a variety of reasons. Jeannette
immediately upon publication, as provided by law.Schrieber, Patti Carr, Carole Carroll and Rodney
Passed, approved and adopted this 20th day ofCarroll all spoke objecting because of traffic
June, 1994.concerns and a variety of concerns.
Terrance M. Duggan, MayorAn Ordinance Providing that the Code of
Attest:Ordinances be amended to approve an Amended
Mary A. Davis, City ClerkConceptual Development Plan for the ID
ACCEPTANCE OF ORDINANCE NO. 32-94Institutional District for University of Dubuque
I, Terry Lyons, American Tree Services, having(Soccer Field), said Ordinance set for hearing at
read the terms and conditions of the foregoingmeeting held on April 4th, with no readings given,
Ordinance No. 32-94 and being familiar with thepresented for further action.
conditions thereof, hereby accept this same and
agree to the conditions required therein.
(OFFICIAL PUBLICATION)
Dated in Dubuque, Iowa this 5th day of June,ORDINANCE NO. 33-94
1994.N ORDINANCE OF THE CITY OF
By /s/ Terry LyonsDUBUQUE, IOWA PROVIDING THAT THE
American Tree Services
CODE OF ORDINANCES, CITY OF
Council Member Robbins moved that theDUBUQUE, IOWA, BE AMENDED BY
requirement that a proposed Ordinance beREVISING APPENDIX A THEREOF, ALSO
considered and voted on for passage at one CouncilKNOWN AS THE ZONING ORDINANCE
Meeting prior to the meeting at which it is to be
OF THE CITY OF DUBUQUE, IOWA TO
finally passed be suspended. Seconded by CouncilAPPROVE AN AMENDED CONCEPTUAL
Member Nicholson. Carried by the following vote:DEVELOPMENT PLAN FOR THE ID
Yeas—Mayor Duggan, Council Members
INSTITUTIONAL DISTRICT FOR
Kluesner, Krieg, Nagle, Nicholson, Robbins,UNIVERSITY OF DUBUQUE.
Voetberg. Nays—None. Council MemberWhereas, University of Dubuque, owner and
Voetberg moved final consideration and passage ofapplicant, has filed a conceptual development plan
the Ordinance. Seconded by Council Memberfor certain properties hereinafter described in
Nagle. Carried by the following vote:accordance with the provisions of the ID
Yeas—Mayor Duggan, Council MembersInstitutional District regulations as set forth in
Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 3-5.2 of the Code of Ordinances, Appendix
Voetberg. Nays—None.A thereof, of the City of Dubuque, Iowa; and
Whereas, the Zoning Commission has held a
Proofs of Publication certified to by thepublic hearing on said application for zoning
Publisher on Notice of Public Hearings toreclassification and said amended conceptual
reclassify property located North of Dodge St.development plan pursuant to required published
between Devon Drive and Collins Street from R-1notice; and
193Regular Session, June 20, 1994
Whereas, the Zoning Commission has approvedthe West 100' of Lot 13, the North 1/2 of Lot 1
said application for conceptual development planof Lot 14, the South 1/2 of the West 50' of the
subject to specific conditions and restrictionsWest 100' of Lot 13, the South 34' of the North
having found that said plan conforms with the168' of the East 19.88' of Lot 12, the South
review standards applicable to such plans as set100' of the East 19.88' of Lot 12, the South 34'
forth in Section 3-5.2D(4) of the Code ofof the North 168' of the West 30.12' of the
Ordinances, Appendix A thereof, of the City ofWest 80.12' of Lot 11, and the South 100' of
Dubuque, Iowa; andthe West 30.32' of the West 80.12' of Lot 11,
Whereas, the Zoning Commissionall in Ann O'Hare's Subdivision; Lot 2 of Lot 1,
recommended the concurrence of the City CouncilLot 1 of Lot 1 of Lot 1 of Lot 1, Lot 2 of Lot 1
in approval of said conceptual development planof Lot 1 of Lot 1, all in Cain's Subdivision #2;
and said application of zoning reclassification; andLot 2 of Lot 71 and Lot 2 of Lot 70, Lot 2 of
Whereas, the City Council has received theLot 64, Lot 31 and Lot 32, all in Finley,
recommendation of the Zoning Commission andWaples, and Burton Addition; Lot 9, Lot 8, Lot
held its own public hearing on said conceptual7, Lot 1, Lot 2, Lot 3, all in Herbst's
development plan and said application for zoningSubdivision; Lot 2, Lot 1, Lot 3, all in Herbst's
and reclassification pursuant to required publishedUniversity Avenue Place; the North 1/2 of the
notice; andEast 57.82' of Lot 11, the North 1/2 of the East
Whereas, the City Council has approved said50' of the West 80.12' of Lot 11, the East 50' of
conceptual development plan and said applicationthe North 1/2 of the East 56' of the West 118'
for zoning reclassification subject to the sameof Lot 12 and the West 6' of the North 1/2 of
specific conditions and restrictions.the East 56' of the West 118' of Lot 12, all in
NOW THEREFORE, BE IT ORDAINED BYAnn O'Hare's Subdivision; Lot 5 and Lot 2 of
THE CITY COUNCIL OF THE CITY OFLot 2 of Lot 1 of Lot 6 of Hantelmann's
DUBUQUE, IOWA:Subdivision; Lot 1 and Lot 10 of Kuehnle
Section 1. That in order to accomplish theHeights; Lot 2 of Lot 1 of Lot 2 of Mineral Lot
purposes of the ID Institutional District of the156 and Lot 1 of Lot 1 of Lot 2 of Mineral Lot
zoning Ordinance of the City of Dubuque, Iowa,156; Lot 28 and Lot 29 and Lot 30, Lot 6, Lot
the amended Conceptual Development Plan for the41, Lot 27, Lot 31, Lot 32, Lot 33, Lot 34, Lot
University of Dubuque, a copy of which is2 of Lot 35, Lot 2 of Lot 1 of Lot 35, Lot 1 of
attached to and made a part hereof, is herebyLot 1 of Lot 35, Lot 1 of Lot 36, Lot 2 of Lot
adopted and approved for the following described36, Lot 1 of Lot 37, Lot 2 of Lot 37, Lot 1 of
property, to wit:Lot 38, Lot 2 of Lot 38, Lot 1 of Lot A, Lot 2
Lot 2 of the East 75.6' of the North 1/2 of Lotof Lot A, Lot 39, Lot 1 of Lot 40, Lot 2 of Lot
10, Lot 2 of Lot 2 of Lot 1 of the South 1/2 of40, Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 1 of
Lot 10, Lot 1 of Lot 1 of Lot 1 of the South 1/2Lot 24, all in Reche's Subdivision; Lot 1
of Lot 10, Lot 2 of Lot 1 of Lot 1 of the Souththrough Lot 17, and Lot 17A and Lot 17B, all
1/2 of Lot 10 and Lot 1 of Lot 2 of Lot 1 of thein Reche's Subdivision #2; Lot 1 of Lot 1 of
South 1/2 of Lot 10, the South 1/2 of the EastSteffen's Place; Lot 25 and Lot 26 of Reche's
57.82' of Lot 11, the South 1/2 of the East 50'Subdivision; all in the City of Dubuque, Iowa.
of the West 80.12' of Lot 11, the South 1/2 ofSection 2. That in order to accomplish the
the East 50' of the West 62.06 of the West 118'purposes of the ID Institutional District of the
of Lot 12 and the West 6' of the South 1/2 ofZoning Ordinance of the City of Dubuque, Iowa,
the East 56' of the West 118' of Lot 12, thethe property herein above described is subject to
South 128' of the East 37.49' of Lot 13 and thethe following conditions and restrictions:
South 128' of the West 12.06' of the WestA.Use Regulations
62.06' of the West 118' of Lot 13, the NorthThe following regulations shall apply to all
140' of the West 12.06' of the West 62.06' ofuses made of land in the above described ID
the West 118' of Lot 12 and the North 140' ofInstitutional District:
the East 37.49' of Lot 13, the South 1/2 of the1)Principal permitted uses shall be limited to
East 50' of the West 100' of Lot 13, the Norththe following:
1/2 of the West 50' of the West 100' of Lot 13,a)Colleges and universities. [45]
Lot 2 of Lot 15, Lot 1 of Lot 1 of Lot 1 of Lotb)Seminaries. [45]
15, Lot 2 of Lot 1 of Lot 1 of Lot 15, Lot 2 ofc)Offices for administrative personnel
Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 16, Lot 2or other institutional employees and
of Lot 2 of Lot 1 of Lot 15, Lot 1 of Lot 2 ofaffiliates. [14]
Lot 1 of Lot 15, Lot 1 of Lot 2 of Lot 16, Lot 2d)Churches [7], libraries, and
of Lot 2 of Lot 16, Lot 1 of Lot 1 of Lot 17,museums. [13]
Lot 2 of Lot 1 of Lot 17, Lot 1 of Lot 2 of Lote)Classrooms, laboratories, lecture
17, Lot 2 of Lot 2 of Lot 17, Lot 1 of Lot 1 ofhalls, and similar places of institu-
Lot 1 of Lot 1 of Lot 18, Lot 2 of Lot 1 of Lottional assembly. [45]
1 of Lot 18, the South 1/2 of Lot 1 of Lot 14,f)Off-street parking and loading.
Lot 2 of Lot 1 of Lot 2 of Lot 14, Lot 2 of Lot[NA]\
2 of Lot 14, Lot 1 of Lot 1 of Lot 2 of Lot 14,g)Recreational or athletic facilities for
the East 50' of the South 1/2 of the East 56' ofthe primary use and benefit of
the West 118' of Lot 12, Lot 2 of Lot 1 of Lotinstitutional residents or affiliates.
1 of Lot 1 of Lot 18, the West 62.34' of the[9]
North 1/2 of Lot 10, the North 134' of theh)Existing private uses of
North 168' of the West 30.32' of the Weststructures situated within an ID
80.12' of Lot 11, the North 134' of the NorthDistrict for which the R-3
168' of the East 19.88' of Lot 12, the North 1/2District standards shall apply
of the East 50' of the West 62.06' of the West[N/A].
118' of Lot 12, the North 1/2 of the East 50' of
Regular Session, June 20, 1994194
i)Single-family, two-family [11]1)The off-street parking requirement
or multi-family dwellings forfor the principal permitted uses for
the housing of institutionalthe herein described ID Institutional
residents or affiliates. [9]District shall be designated by a
2)Accessory uses. The following usesbracket enclosed number next to the
shall be permitted as accessory usesuse, as herein described:
in the above described ID[ 9]1.5 spaces for each dwelling
Institutional District:unit.
a)Located entirely within a[11] Two spaces for each dwelling
principal building, bookstoresunit.
or bars seating not more than[14]One space for each four
seventy-five (75) persons at onehundred square feet devoted
time and located not closer thanto office use or one space for
two hundred feet (200') from theeach employee on the
nearest Residential or Officemaximum shift, whichever
Residential District.is greater.
b)All uses customarily incidental[ 7]One space for each four
to the principal permitted usespermanent seats.
in conjunction with which such[13]One space for each five
accessory uses operated orhundred square feet of floor
maintained, but not to includearea accessible to the
commercial uses outside thegeneral public.
principal building.[45]Dormitories - one space for
3)No conditional uses will be allowed.each bed.
B.Lot and Bulk RegulationsGymnasiums - one space for
Development of land in the IDeach six permanent seats.
Institutional District shall be regulated asEmployees - .75 spaces for each
follows:employee on the maximum
1)The soccer field shall be located inshift.
conformance with the attached2)The amended Conceptual
conceptual development plan and allDevelopment Plan shall be valid for
final site development plans to bea period of five years provided a
approved in accordance with theFinal Site Development Plan is
provisions of the ID Institutionalsubmitted within one year from the
District regulations as provided indate of approval.
the Zoning Ordinance of the City ofF.Time Limitation
Dubuque, Iowa.The timetable for construction and
C.Performance Standardssubmittal of a final site development plan
The development and maintenance of usesshall be established in conformance with
in this ID Institutional District shall bethe following standards:
established in conformance with the1)The conceptual development plan
following standards, as well as with theshall be valid for a period of five (5)
regulations of Section 3-5.2 of the IDyears, provided the final site
Institutional District:development plan is submitted
1)The proposed construction andwithin one year from the date of
landscaping schedule shall occur asapproval.
indicated on the Institutional DistrictG.Transfer of Ownership
Plan dated January 3, 1994.Transfer of ownership of lease of property
2)A parking lot shall be provided whenin this ID Institutional District shall
intercollegiate play is proposed, andinclude in the transfer of lease agreement
an amended plan shall bea provision that the purchaser or leasee
resubmitted for review.acknowledges awareness of the conditions
D.Site Development Standardsauthorizing the establishment of the
The site development standards for this IDdistrict.
Institutional District shall be establishedPassed, approved and adopted this 20th day of
as follows:June, 1994.
1)The landscaping and screeningTerrance M. Duggan, Mayor
requirements shall be established inAttest:
accordance with the requirements ofMary A. Davis, City Clerk
Section 4-5 of the Zoning OrdinanceACCEPTANCE OF ORDINANCE NO. 33-94
of the City of Dubuque, Iowa. We, John J. Agria, Chairman of the Facilities
2)Screening as per Section 4-5 of threeCommittee, University of Dubuque, property
feet in height shall be required onowner, and Robert L. Welstead, Vice President,
parking lots abutting residential usesDial Companies, having read the terms and
and public right-of-way.conditions of the foregoing Ordinance No. 33-94
3)Parking lots and other institutionaland being familiar with the conditions thereof,
uses abutting residential uses shallhereby accept this same and agree to the conditions
have no illuminating devices placedrequired therein.
above fifteen (15) feet in height.Dated in Dubuque, Iowa this 20th day of June,
4)All other site development standards1994.
of Section 4-4 shall apply.By /s/ John J. Agria, President
E.Parking RequirementsUniversity of Dubuque
By /s/Robert L. Welstead, Vice President
195Regular Session, June 20, 1994
Dial CompaniesCode of Ordinances, Appendix A thereof, of the
Published officially in the Telegraph HeraldCity of Dubuque, Iowa; and
newspaper this 14th day of September, 1994.Whereas, the Zoning Commission
1t 9/14Mary A. Davis, CMC, City Clerkrecommended the concurrence of the City Council
in approval of said zoning reclassification and
Council Member Nicholson moved that the
requirement that a proposed Ordinance beconceptual development plan; and
considered and voted on for passage at twoWhereas, the City Council has received the
Council Meetings prior to the meeting at which itrecommendation of the Zoning Commission and
conceptual development plan subject to the same
is to be finally passed be suspended. Seconded by
Council Member Voetberg. Carried by thespecific conditions and restrictions.
following vote: Yeas—Mayor Duggan, CouncilNOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None. DUBUQUE, IOWA:
Council Member Voetberg moved finalSection 1. That in order to accomplish the
consideration and passage of the Ordinance.purpose of the PR Planned Residential District of
the Zoning Ordinance of the City of Dubuque,
Seconded by Council Member Krieg. Carried by
the following vote: Yeas—Mayor Duggan,Iowa, the zoning reclassification from Institutional
Council Members Kluesner, Krieg, Nagle,District to PR Planned Residential District and
Nicholson, Robbins, Voetberg. Nays—None.conceptual development plan, a copy of which is
attached to and made a part hereof, is hereby
Communication of City Planner advisingadopted and approved for the following described
petitions have been received totaling more thanproperty, to wit:
20% objecting to the reclassification from ID toThat portion of Lot 1-1-2 of Mineral Lot 156,
PR Planned Residential District and adoption ofLot 1-1-1-1 of Cains Subdivision No. 2 and Lot
Conceptual Development Plan, presented and read.1-1 of Steffen's Place as described below:
Council Member Nicholson moved that theCommencing at the intersection of the west
right-of-way (ROW) of Collins Street and the
communication be received and filed. Seconded
by Council Member Voetberg. Carried by thenorth line of the IDOT ROW for U.S. Highway
following vote: Yeas—Mayor Duggan, Council20 (Dodge Street); thence westerly along the
Members Kluesner, Krieg, Nagle, Nicholson,north ROW line of U.S. Highway 20 a distance
of 190 feet; thence north a distance of 735 feet;
Robbins, Voetberg. Nays—None.
An Ordinance amending Zoning Ordinance bythence easterly, perpendicular to the west ROW
reclassifying properties located on Collins Streetline of Collins Street a distance of 370 feet to
North of Dodge Street from ID Institutionalthe westerly ROW line of Collins Street; thence
southerly along to the west ROW line of
District to PR Planned Residential District and
adoption of Conceptual Development Plan, saidCollins Street a distance of 675 feet to the point
Ordinance set for hearing at meeting held on Aprilof beginning.
Section 2. That in order to accomplish the
4th with no readings given, presented for further
action. purposes of the PR Planned Residential District
and of the Zoning Ordinance, the above described
property is subject to the following conditions and
(OFFICIAL PUBLICATION)
restrictions:
ORDINANCE NO. 34-94
AN ORDINANCE OF THE CITY OFA.Use Regulations.
DUBUQUE, IOWA PROVIDING THAT THEThe following regulations shall apply to all
uses made of land in the above described PR
CODE OF ORDINANCES, CITY OF
Planned Residential District:
DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF, ALSO1)Principal permitted uses shall be limited to
72 housing dwelling units in 6 buildings
KNOWN AS THE ZONING ORDINANCE
maximum 3 stories high (as per plan).
OF THE CITY OF DUBUQUE, IOWA, BY
RECLASSIFYING HEREINAFTER2)No secondary or contingency uses shall be
DESCRIBED PROPERTY LOCATED ONpermitted.
3)Accessory uses shall include any use
COLLINS STREET NORTH OF DODGE
customarily incidental and subordinate to
STREET FROM ID INSTITUTIONAL
DISTRICT TO PR PLANNEDthe principal use it serves.
RESIDENTIAL DISTRICT AND ADOPTINGB.Lot and Bulk Regulations.
Development of land in the PR Planned
A CONCEPTUAL DEVELOPMENT PLAN.
Residential District shall be regulated as
Whereas, the University of Dubuque, property
owner, has filed a conceptual development plan forfollows:
hereinafter described property in accordance with1)All building structures and activities shall
provisions of the PR Planning Residentialbe located in conformance with the
regulations as set forth in Section 3-5.5 of theattached conceptual development plan and
Code of Ordinances, Appendix A thereof, of theall final site development plans are to be
City of Dubuque, Iowa; andapproved in accordance with provisions of
the PR Planned Residential District
Whereas, the Zoning Commission has held a
public hearing on said zoning classification andregulations.
conceptual development plan pursuant to required2)All buildings and structures shall provide
published notice; anda front yard setback, a side yard setback
from the adjoining properties, and a rear
Whereas, the Zoning Commission has approved
said zoning reclassification and conceptualyard setback as per the conceptual
development plan subject to specific conditionsdevelopment plan.
and restrictions having found that said Plan3)A maximum building height of 30 feet
shall be allowed as measured from the
conforms with the review standards applicable to
such plans as set forth in Section 3-5.5D of the
Regular Session, June 20, 1994196
north grade elevation to the mid-pointMary A. Davis, City Clerk
between the roof peak and eave.ACCEPTANCE OF ORDINANCE NO. 34-94
4)All other bulk regulations of the R-4I, John J. Agria, President, University of
Multi-Family District shall be met forDubuque, property owner, and Robert L.
construction of all buildings andWelstead, Dial Companies, having read the terms
structures, as established in Section 3-1.5and conditions of the foregoing Ordinance No. 34-
of the Zoning Ordinance of the City of94 and being familiar with the conditions thereof,
Dubuque, Iowa.hereby accept this same and agree to the conditions
C.Performance Standards.required therein.
The development and maintenance of uses inDated in Dubuque, Iowa this 20th day of June,
this PR Planned Residential District shall be1994.
established in conformance with the followingBy /s/John J. Agria, President
standards of Section 3-1.6 of the PR PlannedUniversity of Dubuque
Residential District.By /s/ Robert L. Welstead
1)An internal driveway system and requiredDial Companies
parking spaces shall be hardsurfaced and
Published officially in the Telegraph Herald
constructed by the developer.newspaper the 14th day of September, 1994.
2)Parking lots and other institutional uses1t 9/14Mary A. Davis, CMC, City Clerk
abutting residential uses shall have noCouncil Member Kluesner moved that the
illuminating devices placed above fifteen
requirement that a proposed Ordinance be
(15) feet in height.considered and voted on for passage at two
3)Landscaping shall be provided inCouncil Meetings prior to the meeting at which it
compliance with Section 4.4 of the Zoningis to be finally passed be suspended. Seconded by
Ordinance and as stipulated in theCouncil Member Krieg. Carried by the following
conceptual development plan.vote: Yeas—Council Members Kluesner, Krieg,
4)140 off-street parking spaces shall beNagle, Nicholson, Robbins, Voetberg.
provided for the development.
Nays—Mayor Duggan.
5)All utilities including telephone and cableCouncil Member Kluesner moved final
television shall be installed underground.consideration and passage of the Ordinance.
6)Internal sidewalks shall be provided, withSeconded by Council Member Voetberg. Carried
connection to the existing public sidewalk
by the following vote: Yeas—Council Members
system and the main campus area to theKluesner, Krieg, Nagle, Nicholson, Robbins,
north, as per the conceptual developmentVoetberg. Nays—None. Mays—Mayor Duggan.
plan.
7)A final site development plan shall be
An Ordinance Amending Zoning Ordinance by
submitted in accordance with Section 4-4reclassifying properties located North of Dodge
of the Zoning Ordinance of the City ofStreet between Devon Drive and Collins Street
Dubuque, Iowa prior to each construction
from R-1 Single-Family Residential District and
phase as described on the attachedID Institutional District to PUD Planned Unit
conceptual development plan. No furtherDevelopment District with a Planned Commercial
grading, excavating, or other landDistrict Designation and adopting a Conceptual
disturbing activity may occur before a
Development Plan, with Conditions, said
final site plan is approved.Ordinance denied by Zoning Commission, then
D.Open Space and Recreational Areaspresented at Council meeting of June 6th with no
Those areas not designated on the conceptualreadings given, presented for further action.
development plan for development shall be
maintained as open space, as defined by Section(OFFICIAL PUBLICATION)
8 of the Zoning Ordinance of the City of
ORDINANCE NO. 35-94
Dubuque, Iowa, by the property owner and/or
AN ORDINANCE AMENDING APPENDIX
association.A (THE ZONING ORDINANCE) OF THE
E.Sign Regulations.CODE OF ORDINANCES OF THE CITY OF
The sign regulations shall be the same as that
DUBUQUE, IOWA, BY RECLASSIFYING
which are allowed in R-4 Multi-Family
HEREINAFTER DESCRIBED PROPERTY
Residential District as established in Section 4-LOCATED NORTH OF DODGE STREET
3.11 Schedule of Sign Regulations of theBETWEEN DEVON DRIVE AND COLLINS
Zoning Ordinance of the City of Dubuque,
STREET FROM R-1 SINGLE-FAMILY
Iowa.
RESIDENTIAL DISTRICT AND ID
F.Additional Standards.INSTITUTIONAL DISTRICT TO PUD
The conceptual development plan shall be valid
PLANNED UNIT DEVELOPMENT
for a period of five (5) years provided a final
DISTRICT WITH A PLANNED
site development plan for Phase I is submittedCOMMERCIAL DISTRICT DESIGNATION
within two years from the date of approval.AND ADOPTING A CONCEPTUAL
G.Transfer of Ownership
DEVELOPMENT PLAN, WITH
Transfer of ownership or lease of property in
CONDITIONS.
this PR Planned Residential District shallNOW, THEREFORE, BE IT ORDAINED BY
include in the transfer or lease agreement aTHE CITY COUNCIL OF THE CITY OF
provision that the purchaser or lesseeDUBUQUE, IOWA:
acknowledges awareness of the conditions
Section 1. That Appendix A (the Zoning
authorizing the establishment of the district.Ordinance) of the Dubuque Code of Ordinances be
Passed, approved and adopted this 20th day ofamended by reclassifying hereinafter described
June, 1994.property from R-1 Single-Family Residential
Terrance M. Duggan, Mayor
District to PUD Planned Unit Development
ATTEST:District with a Planned Commercial designation
197Regular Session, June 20, 1994
and adopting a conceptual development plan, a2)Accessory uses shall include any use
copy of which is attached to and made a partcustomarily incidental and subordinate to
hereof, to wit:the principal use it serves
Lot 2 of Lot 1 of Lot 1 of Lot 1 of ClarenceB.Lot and Bulk Regulations.
Polfer Place and Lot 2 of Lot 1 of Lot 1 of LotDevelopment of land in the PUD Planned Unit
1 of Lot 1 of Lot 1 of Clarence Polfer Place andDevelopment District shall be regulated as
to the center line of the adjoining public right-follows:
of-way, all in the City of Dubuque, Iowa.1)All building structures and activities shall
Section 2. That Appendix A (the Zoningbe located in conformance with the
Ordinance) of the Dubuque Code of Ordinances beattached conceptual development plan and
amended by reclassifying hereinafter describedall final site development plans are to be
property from ID Institutional District to PUDapproved in accordance with provisions of
Planned Unit Development District, with athe PUD Planned Unit Development
Planned Commercial designation and adopting aDistrict regulations.
conceptual development plan, a copy of which is2)All buildings and structures shall provide
attached to and made a part hereof, to wit:a front yard setback of a minimum 20 feet
All of Lot 2 and Lot 2 of Lot 1 of Steffen'sfrom the front property line.
Place and Lot 2 of Lot 1 of Lot 1 of Cain's3)A maximum building height of 35 feet
Subdivision No. 2 and that portion of Lot 1 ofshall be allowed.
Lot 1 of Lot 2 of Mineral Lot 156, Lot 1 of LotC.Performance Standards.
1 of Lot 1 of Lot 1 of Cain's Subdivision No. 2The development and maintenance of uses in
and Lot 1 of Lot 1 of Steffen's Place asthis PUD Planned Unit Development District
described below.shall be established in conformance with
Commencing at the intersection of the northSection 3-5.5 of the Dubuque Zoning
IDOT right-of-way (ROW) of U.S. HighwayOrdinance and the following standards:
20 (Dodge Street) and the east line of Lot 2 of1)Lighting shall be provided per City
Lot 1 of Lot 1 of Lot 1 of Clarence Polferstandards with a maximum height of 35
Place;feet.
Thence northerly 181 feet along the east line of2)Landscaping shall be provided in
said Lot 2 of Lot 1 of Lot 1 of Lot 1 to thecompliance with Section 4.4 of the Zoning
south corner of Lot 2 of Lot 3 of Block 9 ofOrdinance and as stipulated in the
Steger Heights;conceptual development plan, with a
Thence northerly 632 feet along the east line oflandscaping plan to be submitted at the
Block 9 of Steger Heights;time of final site plan approval.
Thence easterly 665 feet to the westerly line of3)All utilities including telephone and cable
the proposed PR rezoning request by thetelevision shall be installed underground.
University of Dubuque as filed January 3,4)Final site development plans shall be
1994;submitted in accordance with Section 4-4
Thence southerly along the west line of theof the Zoning Ordinance of the City of
proposed PR District a distance of 735 feet toDubuque, Iowa prior to construction of
the northerly row line of U.S. Highway 20;each building.
Thence westerly along the row of U.S.5)Parking requirements shall be a minimum
Highway 20 a distance of 70 feet;of 744 spaces for the retail shopping
Thence southwesterly along the row of U.S.center. Parking for the proposed outlots
Highway 20 a distance of 195 feet;shall be as per the parking group for the
Thence westerly along the row of U.S.designated use or in accordance with
Highway 20 a distance of 220 feet;Section 4-2 of the Zoning Ordinance.
Thence northwesterly along the row of U.S.D.Open Space and Recreational Areas
Highway 20 a distance of 70 feet;Those areas not designated on the conceptual
Thence westerly along the row of U.S.development plan for development shall be
Highway 20 a distance of 250 feet to the eastmaintained as open space, as defined by Section
line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of8 of the Zoning Ordinance by the property
Clarence Polfer Place, the point of beginning;owner and/or association.
and to the center line of the adjoining publicE.Sign Regulations.
right-of-way, all in the City of Dubuque, Iowa.The sign regulations shall be the same as that
Section 3. That pursuant to Iowa Code Sectionwhich are shown on the attached Exhibit A,
414.5(1993), and as an express condition of thehereto made a part of this ordinance.
reclassification, the undersigned property owner(s)F.Additional Standards.
agree(s) to the following conditions, all of which1)The conceptual development plan shall be
the property owner(s) further agree(s) arevalid for a period of 5 years provided a
reasonable and imposed to satisfy the public needsfinal site development plan and/or a final
that are caused directly by the zoningsubdivision plat and improvement plans
reclassification:for the proposed public street(s) are
A.Use Regulations.submitted within two years from the date
The following regulations shall apply to allof approval.
uses made of land in the above described PUD2)That all previously approved conceptual
Planned Unit Development District:development plans are hereby amended to
1)Principal permitted uses shall be limitedallow for the attached conceptual
to:development plan.
a)Regional Shopping Center.G.Transfer of Ownership
b)All principal permitted uses asTransfer of ownership or lease of property in
allowed in Section 3-3.3 C-3this PUD Planned Unit Development District
General Commercial District.shall include in the transfer or lease agreement
Regular Session, June 20, 1994198
a provision that the purchaser or lesseeKluesner, Krieg, Nagle, Nicholson, Robbins,
acknowledges awareness of the conditionsVoetberg. Nays—None.
authorizing the establishment of the district.
H.Reclassification of Subject Property. RESOLUTION NO. 205-94
The City of Dubuque, Iowa, may initiate
RESOLUTION ADOPTING PLANS AND
zoning reclassification proceedings to theSPECIFICATIONS
original district(s) in accordance with Section 6Whereas, on the 11th day of May, 1994, plans,
of the Zoning Ordinance if the propertyspecifications, form of contract and estimated cost
owner(s) fail(s) to complete any of thewere filed with the City Clerk of Dubuque, Iowa
conditions of this ordinance.for the Leisure Services Chain Link Fence Project.
I.Modifications.Whereas, notice of hearing on plans,
Any modifications of this Ordinance must bespecifications, form of contract, and estimated cost
approved by the City Council in accordancewas published as required by law.
with zoning reclassification proceedings ofNOW THEREFORE, BE IT RESOLVED BY
Section 6 of the Zoning Ordinance.THE CITY COUNCIL OF THE CITY OF
J.Recording.DUBUQUE, IOWA:
A copy of this ordinance shall be recorded atThat the said plans, specifications, form of
the expense of the property owner(s) with thecontract and estimated cost are hereby approved as
Dubuque County Recorder as a permanentthe plans, specifications, form of contract and
record of the conditions accepted as part of thisestimated cost for said improvements for said
reclassification approval within ten (10) days ofproject.
the adoption of this ordinance. This ordinancePassed, adopted and approved this 20th day of
shall be binding upon the undersigned and allJune, 1994.
his/her heirs, successors and assignees.Terrance M. Duggan, Mayor
Section 3. That the foregoing amendment hasAttest:
heretofore been reviewed by the ZoningMary A. Davis, City Clerk
Commission of the City of Dubuque, Iowa.Council Member Voetberg moved adoption of
Section 4. That the foregoing amendment shallthe Resolution. Seconded by Council Member
take affect upon publication, as provided by law.Nagle. Carried by the following vote:
Passed, approved and adopted this 20th day ofYeas—Mayor Duggan, Council Members
June, 1994.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Terrance M. Duggan, MayorVoetberg. Nays—None.
Attest:
Mary A. Davis, City ClerkProof of Publication certified to by the
Council Member Nicholson moved that thePublisher on Notice of Receipt of Bids for project
requirement that a proposed Ordinance beand communication of City Manager
considered and voted on for passage at one Councilrecommending to award contract for project,
Meeting prior to the meeting at which it is to bepresented and read. Council Member Voetberg
finally passed be suspended. Seconded by Councilmoved that the proof and communication be
Member Voetberg. Carried by the following vote:received and filed. Seconded by Council Member
Yeas—Council Members Kluesner, Krieg, Nagle,Nagle. Carried by the following vote:
Nicholson, Robbins, Voetberg. Nays—MayorYeas—Mayor Duggan, Council Members
Duggan.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Council Member Nicholson further moved finalVoetberg. Nays—None.
consideration and passage of the Ordinance, as
amended, namely with these three stringent
RESOLUTION NO. 206-94
conditions: 1) that the access to the project is onlyAWARDING CONTRACT
by or to Highway 20 East and West access only,Whereas, sealed proposals have been submitted
no Devon Drive; 2) that we incorporate a provisionby contractors for the Leisure Services Chain Link
clause to July 1, 1995 and if there is no resolutionFence Project pursuant to Resolution No. 185-94
to the access by July 1, 1995 the project is entirelyand notice to bidders published in a newspaper
dead; 3) once a determination is made with accesspublished in the City of Dubuque, Iowa on the
to Highway 20; that it comes back to this table for26th day of May, 1994.
Council approval for the Highway 20 site andWhereas, said sealed proposals were opened
requires a 3/4 vote of this Council. AND that theand read on the 9th day of June, 1994 and it has
project does not negatively affect the Highway 20been determined that the bid of D & N Fence
project. Seconded by Council Member Voetberg.Company of Cedar Rapids, Iowa in the amount of
Carried by the following vote: Yeas—Council$25,250.63 was the lowest bid for the furnishings
Members Kluesner, Krieg, Nagle, Nicholson,of all labor and materials and performing the work
Robbins, Voetberg. Nays—Mayor Duggan.as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY
Council recessed at 10:42 p.m.; CouncilTHE CITY COUNCIL OF THE CITY OF
reconvened at 10:49 p.m.DUBUQUE, IOWA:
That the contract for the above improvement be
Proof of Publication certified to by on Notice ofawarded to D & N Fence Company and the
Hearing on Plans and Specifications for New andManager be and is hereby directed to execute a
Replacement Chain Link Fencing for Leisurecontract on behalf of the City of Dubuque for the
Services Department, presented and read. Councilcomplete performance of the work.
Member Voetberg moved that the proof beBE IT FURTHER RESOLVED:
received and filed. Seconded by Council MemberThat upon the signing of said contract and the
Nagle. Carried by the following vote:approval of the contractor's bond, the City
Yeas—Mayor Duggan, Council MembersTreasurer is authorized and instructed to return the
bid deposits of the unsuccessful bidders.
199Regular Session, June 20, 1994
Passed, approved and adopted this 20th day of
TO THE DIVISION OF TAXES WITHIN
June, 1994.THE AMENDED AND RESTATED
Terrance M. Duggan, MayorDOWNTOWN DUBUQUE URBAN
Attest:RENEWAL DISTRICT AND THE SUB-
Mary A. Davis, City Clerk
AREAS THEREOF AND ENTITLED "AN
Council Member Voetberg moved adoption ofORDINANCE AMENDING ORDINANCE
the Resolution. Seconded by Council MemberNO. 30-82, PASSED AND APPROVED ON
Nagle. Carried by the following vote:
JUNE 21, 1982, ENTITLED 'AN
Yeas—Mayor Duggan, Council Members
ORDINANCE PROVIDING THAT
Kluesner, Krieg, Nagle, Nicholson, Robbins,GENERAL PROPERTY TAXES LEVIED
Voetberg. Nays—None.AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE
Mayor Duggan regarding timetable forDOWNTOWN DUBUQUE URBAN
reconstruction of Ramona St. and Pamela Ct. asRENEWAL PROJECT AREA IN THE CITY
requested by Charles Piekenbrock, presented andOF DUBUQUE, COUNTY OF DUBUQUE,
read. Council Member Krieg moved that the
STATE OF IOWA, BY AND FOR THE
communication be received and filed and referredBENEFIT OF THE STATE OF IOWA, CITY
to the City Manager, with the City Manager to doOF DUBUQUE, COUNTY OF DUBUQUE,
a preliminary cost estimate and do a follow-up
DUBUQUE COMMUNITY SCHOOL
report. Seconded by Council Member Nagle.
DISTRICT, AND OTHER TAXING
Carried by the following vote: Yeas—MayorDISTRICTS, BE PAID TO A SPECIAL
Duggan, Council Members Kluesner, Krieg,FUND FOR PAYMENT OF PRINCIPAL
Nagle, Nicholson, Robbins, Voetberg.
AND INTEREST ON LOANS, MONIES
Nays—None.ADVANCED TO AND INDEBTEDNESS,
INCLUDING BONDS ISSUED OR TO BE
Communication of Mayor Duggan requestingISSUED, INCURRED BY SAID CITY IN
a study on Boards and Commissions, this item
CONNECTION WITH SAID URBAN
deferred from meeting held on May 16th,RENEWAL REDEVELOPMENT
presented and read. Council Member KluesnerPROJECT'"
moved that the communication be received andWhereas, the City Council of the City of
filed and deferred to the July 11th meeting at theDubuque, Iowa has heretofore in Ordinance No.
Library. Seconded by Council Member Nagle.23-94, passed and approved on May 2, 1994 and
Carried by the following vote: Yeas—Mayorpublished on May 11, 1994, amended Ordinance
Duggan, Council Members Kluesner, Krieg,No. 30-82 and provided for the division of taxes
Nagle, Nicholson, Robbins, Voetberg.within an area described in Ordinance No. 23-94
Nays—None.as the Amended and Restated Downtown Dubuque
Urban Renewal District; and
Communication of City Manager regarding TVWhereas, this Council has been informed that a
coverage of City Council Worksessions (Deferredpotential ambiguity exists in Section 2 of
from meeting held on May 16th), presented andOrdinance No. 23-94 as to the appropriate date for
read. Council Member Krieg moved that themeasuring base period taxes within the Old Main
communication be received and filed and reportedSub-area described therein, and now desires to
that the process is going forward to televise theamend the same to make clear this Council's
Budget Worksession with televising the otherintention with respect thereto.
sessions to be worked in. Seconded by CouncilNOW, THEREFORE, BE IT ORDAINED BY
Member Nagle. 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. Section 2 of Ordinance No. 23-94
Voetberg. Nays—None.passed and approved on May 2, 1994 and
published on May 11, 1994, said Ordinance being
Communication of City Managerentitled "AN ORDINANCE AMENDING
recommending approval of amendment toORDINANCE NO. 30-82, PASSED AND
Ordinance No. 23-94 relating to taxes within anAPPROVED ON JUNE 21, 1982, ENTITLED
area in the Amended and Restated Downtown'AN ORDINANCE PROVIDING THAT
Dubuque Urban Renewal District, presented andGENERAL PROPERTY TAXES LEVIED AND
read. Council Member Krieg moved that theCOLLECTED EACH YEAR ON ALL
communication be received and filed. SecondedPROPERTY LOCATED WITHIN THE
by Council Member Nicholson. Carried by theDOWNTOWN DUBUQUE URBAN RENEWAL
following vote: Yeas—Mayor Duggan, CouncilPROJECT AREA IN THE CITY OF
Members Kluesner, Krieg, Nagle, Nicholson,DUBUQUE, COUNTY OF DUBUQUE, STATE
Robbins, Voetberg. Nays—None.OF IOWA, BY AND FOR THE BENEFIT OF
THE STATE OF IOWA, CITY OF DUBUQUE,
An Ordinance Amending Section 2 ofCOUNTY OF DUBUQUE, DUBUQUE
Ordinance No. 23-94 relating to the Division ofCOMMUNITY SCHOOL DISTRICT, AND
Taxes within the Amended and RestatedOTHER TAXING DISTRICTS, BE PAID TO A
Downtown Dubuque Urban Renewal District andSPECIAL FUND FOR PAYMENT OF
the Subareas thereof, presented and read. PRINCIPAL AND INTEREST ON LOANS,
MONIES ADVANCED TO AND
(OFFICIAL PUBLICATION)INDEBTEDNESS, INCLUDING BONDS
ORDINANCE NO. 36-94ISSUED OR TO BE ISSUED, INCURRED BY
SAID CITY IN CONNECTION WITH SAID
N ORDINANCE AMENDING SECTION 2
URBAN RENEWAL REDEVELOPMENT
OF ORDINANCE NO. 23-94 PASSED AND
APPROVED ON MAY 2, 1994, RELATING
Regular Session, June 20, 1994200
PROJECT'", is hereby amended and restated toMember Nagle. Carried by the following vote:
read as follows:Yeas—Mayor Duggan, Council Members
Section 2. As the Town Clock Subarea, thatKluesner, Krieg, Nagle, Nicholson, Robbins,
portion of the taxes which would be produced byVoetberg. Nays—None.
the rate at which the tax is levied each year by or
for each of the taxing districts taxing property inCommunication of City Manager
said Town Clock Subarea upon the total sum ofrecommending support of applications for four (4)
assessed value of the taxable property in the Townprojects to apply for ISTEA funds and
Clock Subarea as shown on the assessment rolecommunication of Jerry Enzler of Dubuque
last equalized prior tot he date of initial adoptionHistoric Society requesting endorsement of an
of the Urban Renewal Plan for the Downtownapplication to be made to the IDOT for ISTEA
Dubuque Urban Renewal Project, Iowa R-15, shallfunds for the preservation, rehabilitation and a
be allocated to and when collected be paid into themore dynamic interpretation of the steamboat
Fund for the respective taxing district as taxes byWilliam M. Black, presented and read. Council
or for said taxing district into which all otherMember Voetberg moved that the communication
property taxes are paid. The taxes so determinedbe received and filed. Seconded by Council
may be referred herein as the "base period taxes."Member Nicholson. Carried by the following vote:
The date of assessment for the assessment rollYeas—Mayor Duggan, Council Members
last equalized prior to the date of adoption of saidKluesner, Krieg, Nagle, Nicholson, Robbins,
Urban Renewal Plan was January 1, 1966, and theVoetberg. Nays—None.
100 percent actual value of the taxable property
within the Town Clock Subarea on said date isRESOLUTION NO. 207-94
found to have been in the amount of $6,036,892.
RESOLUTION APPROVING THE
As to the Old Main Subarea, base period taxesSUBMITTAL OF AN APPLICATION FOR
shall be computed in the same manner using theSTATEWIDE ENHANCEMENT PROJECT
total assessed value shown on the assessment rollFUNDING TO THE IOWA DEPARTMENT
as of January 1 of the calendar year preceding the
OF TRANSPORTATION.
effective date of this Ordinance, being theWhereas, the Iowa Department of
assessment roll for January 1, 1993. The assessedTransportation has allocated an estimated
value of taxable property within the Old Main$20,000,000 over a six-year period for
Subarea on said date is found to have been in theTransportation Enhancements; and
amount of $4,468,340.Whereas, the rehabilitation and operation of
Section 3. All other provisions of Ordinancehistoric transportation buildings, structures or
No. 23-94 are hereby ratified, confirmed andfacilities, as well as historic preservation, are
approved.eligible activities for enhancement funding; and
Section 4. All ordinances or parts of ordinancesWhereas, the City has an adopted Riverfront
in conflict with the provisions of this Ordinance arePlan that recognizes the commercial and
hereby repealed.recreational potential of the riverfront, and
Section 5. This Ordinance shall be in effectespecially the 4th Street Peninsula and Ice Harbor;
after its final passage, approval and publication asand
provided by law.Whereas, the Dubuque County Historical
Passed and approved this 20th day of June,Society's proposal to rehabilitate and enhance the
1994.operation of the historic Wm. M. Black steam
Terrance M. Duggan, Mayordredge in the Ice Harbor is eligible for
Attest:enhancement funding and will enable development
Mary A. Davis, City Clerkof these recreational amenities for not only the
Published officially in the Telegraph Heraldcommunity, but for the region and the state; and
newspaper this 24th day of June, 1994.Whereas, the Iowa Department of
Transportation has asked that the City provide
1t 6/24Mary A. Davis CMC, City Clerk
Council Member Krieg moved that theassurance that once developed, the Wm. M. Black
requirement that a proposed Ordinance besteam dredge project will be adequately
considered and voted on for passage at one Councilmaintained for its intended public use for a
minimum of twenty (20) years following project
Meeting prior to the meeting at which it is to be
finally passed be suspended. Seconded by Councilcompletion.
Member Nicholson. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED BY
Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Council Member KriegSection 1. That the Mayor is hereby authorized
moved final consideration and passage of theto sign and submit this application to the Iowa
Ordinance. Seconded by Council Member Nagle.Department of Transportation for Statewide
Carried by the following vote: Yeas—MayorTransportation Enhancement Funds on behalf of
Duggan, Council Members Kluesner, Krieg,the Dubuque County Historical Society.
Nagle, Nicholson, Robbins, Voetberg.Section 2. That in the event said application is
approved by the Iowa Department of
Nays—None.
Transportation, the City Manager is hereby
Communication of Chairperson ofauthorized to negotiate a maintenance agreement
Environmental Stewardship Commissionwith the Dubuque County Historical Society to
ensure that the Wm. M. Black steam dredge
requesting Council consider reappointing the three
(3) members, whose terms will expire July 1st, forproject will be adequately maintained for its
full three year terms due to fact this Commissionintended public use for a minimum of twenty (20)
has just started, presented and read. Councilyears following project completion.
Member Voetberg moved that the communication
be received and filed. Seconded by Council
201
Aan,Jar Caccinn Anna 70 199/1
Section 3 That the City of Dubuque ag'eez to
abide by all local, nate and federal requirement_
applicable to the propozed projects
Panned, approved and adopted thu 20th day of
Rune, 1994
Terrence M Duggan, Mayor
Atte_,
Mary A Dan_, City Clerk
Council Member Voetberg moved adoption of
the Re_olution Seconded by Council Member
Nichokon Carried by the following vote
Yea—Mayor Duggan, Council Memben
Kluemer, Krieg, Nagle, Nichokon, Robbin,
Voetberg Nay—None
RESOLUTION NO. 208-94
RESOLUTION APPROVING THE
SUBMISSION OF AN APPLICATION FOR
STATEWIDE TRANSPORTATION
ENHANCEMENT PROGRAM FUNDING
FOR THE OLD MAIN FREEWAY
FRONTAGE IMPROVEMENT PROSECT
Whereas, Iowa Department of Tramportation
ha= invited applicatiom for funding from the
Statewide Tramportation Enhancement Program,
and
Whereas, the City of Dubuque ha= adopted the
Old ?lain Neighborhood Revitalization Strategy,
which strategy include= a goal of creating a clean
and attractive itreet_cape, and
Whereas, Dubuque ?lain Street, Ltd, the non-
profit downtown development organization, hart,
prepared with e__utance from City _taff an
application for funding from the Statewide
Tramportation Enhancement Program to provide
for the improvement of the Old ?lain Di_trict
frontage= along U S Highway 61.1f 1
NOW, THEREFORE, LE IT RESOLVED LY
THE CITY COUNCIL OF THE CITY OF
DUEUQUE, IOWA
Section 1 That the application for Statewide
Tramportation Enhancement Program funding for
the Old Main Freeway Frontage Improvement
Project a hereby approved
Section 2 That the Mayor a hereby authorized
and directed to ngn laid application on behalf of
the City of Dubuque, Iowa
Section 3 That the City Manager a directed to
submit laid application together with such other
materiel a= may be required to the Iowa
Department ofTramportation
Panned, approved and adopted thu 20th day of
Rune, 1994
Terrence M Duggan, Mayor
Atte_,
Mary A Dan_, City Clerk
Council Member Voetberg moved adoption of
the Re_olution Seconded by Council Member
Nichokon Carried by the following vote
Yea—Mayor Duggan, Council Memben
Kluemer, Krieg, Nagle, Nichokon, Robbin,
Voetberg Nay—None
RESOLUTION NO. 209-94
RESOLUTION APPROVING THE
SUBMITTAL OF TWO APPLICATIONS
FOR STATEWIDE ENHANCEMENT
PROSECT FUNDING TO THE IOWA
DEPARTMENT OF TRANSPORTATION.
Whereas, the Iowa Department of
Tramportation ha= allocated an e_nmated
S20,000,000 over a nix -year period for
Tramportation Enhancement_, and
Whereas, the development of pedennan and
bicycle facilities, the acgui_tion of scenic
eazementz, land_capmg and other scenic
beautification and the pre=ervation of abandoned
railway corridor, including the conversion and use
of thole corridor-- for pedentnan or bicycle trail,
are eligible actnvmen for enhancement funding, and
Whereas, deign, engineering, acqui_tion and
con_tmction colt_ are eligible for enhancement
funding, and
Whereas, the City ha= an adopted Riverfront
Plan that place= high priority on hikebike trail
development along the Thnnunippi River and the
development of a nvenvalk promenade extending
from an amphitheater near the Erewery to the
Coen Guard facility in the Ice Harbor, and
Whereas, the City of Dubuque recognize= the
commercial and recreational potential of the
riverfront and e=pecially the 4th Street Penimule,
and
Whereas, the deign, engineering and con
e_ imatiom for thele projects will enable
development of thele recreational amenities for not
only the community, but for the region and the
_tate
NOW THEREFORE, LE IT RESOLVED LY
THE CITY COUNCIL OF THE CITY OF
DUEUQUE, IOWA
Section 1 That the Mayor a hereby authorized
to n ign and submit thele applicatiom to the Iowa
Department of Tramportation for Statewide
Tramportation Enhancement Fund_
Section2_ That the City Council authorize= the
City Manager to utilize budgeted Capital
Improvement Program fund_ to provide the twenty
percent dollar match required by thu program
should the application(_) be approved by the Iowa
Department ofTramportation
Section 3 That the City of Dubuque ag'een to
abide by all local, nate and federal requirement_
applicable to the proposed projects
Panned, approved and adopted thu 20th day of
Rune, 1994
Terrence M Duggan, Mayor
Atte_,
Mary A Dan_, City Clerk
Council Member Voetberg moved adoption of
the Re_olution Seconded by Council Member
Nichokon Carried by the following vote
Yea—Mayor Duggan, Council Memben
Kluemer, Krieg, Nagle, Nichokon, Robbin,
Voetberg Nay—None
Communication of City Manager reque_ ing
direction regarding to proceed with Reque_t for
Propo_ak for Comprehennve Traffic Analynu and
Management Plan of the Downtown prevented and
read Council Member Krieg moved that the
communication be received and filed and directed
to proceed with all three component_ Seconded by
Council Member Nichokon Carried by the
following vote Yea_ Mayor Duggan, Council
Member- Kluemer, Krieg, Nagle, Nichokon
Nay=Council Member- Robbin, Voetberg
Communication of City Manager
recommending=ubmittal to HUD to grant
exception rent_ for adminutration of Cite= Section
8 Program, prevented and read Council Member
Voetberg moved that the communication be
received and filed Seconded by Council Member
Nichokon Vote on the motion men e= follow_
Yea—Council Member- Krieg, Nichokon,
Regular Session, June 20, 1994202
Voetberg. Nays—Mayor Duggan, Councilproposed housing activity within the City's
Members Kluesner, Nagle, Robbins. MOTIONjurisdiction is hereby granted.
FAILED. Section 2. This resolution is intended to serve
A Resolution Authorizing Mayor to execute aas the City of Dubuque's final notice to the U.S.
request to HUD to grant exception rents toDepartment of Housing and Urban Development
prevailing Fair Market Rent Standards, presentedof such approval and that no additional comment
and read. Council Member Voetberg moved thatwill be made by the City of Dubuque on this
the Resolution be adopted. Seconded by Councilmatter.
Member Nicholson. Vote on the motion was asSection 3. The Mayor is authorized and
follows: Yeas—Council Members Krieg,directed to execute an application to the U.S.
Nicholson, Voetberg. Nays—Mayor Duggan,Department of Housing and Urban Development
Council Members Kluesner, Nagle, Robbins.for participation in the Shelter Plus Care Program.
MOTION FAILED.Section 4. The City of Dubuque Housing
Commission is hereby directed to conduct the
Communication of City Manager requesting tonecessary public hearing regarding this application
apply for HUD Shelter Care Program for Rentalas soon as possible in accordance with
Assistance for Homeless Persons with Disabilities,requirements of Chapter 403.A.28 of the Code of
presented and read. Council Member VoetbergIowa, and to review and/or approve or suggest
moved that the communication be received andmodifications of the plans for program design and
filed. Seconded by Council Member Krieg.administration of this proposed program.
Carried by the following vote: Yeas—MayorSection 5. The City Manager is hereby
Duggan, Council Members Kluesner, Krieg,authorized and directed to forward said application
Nagle, Nicholson, Robbins, Voetberg.and resulting standard executed contract to the
Nays—None.respective agencies in a timely fashion and as
required by the U.S. Department of Housing and
RESOLUTION NO. 210-94 Urban Development.
Passed, approved and adopted this 20th day of
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN APPLICATIONJune, 1994.
TO PARTICIPATE IN THE SHELTER PLUSTerrance M. Duggan, Mayor
CARE PROGRAMAttest:
Whereas, a priority identified in the City'sMary A. Davis, City Clerk
current housing market analysis is housing forCouncil Member Voetberg moved adoption of
homeless and disabled persons; andthe Resolution. Seconded by Council Member
Whereas, the U.S. Department of Housing andNicholson. Carried by the following vote:
Urban Development has made funding available toYeas—Mayor Duggan, Council Members
encourage municipalities to implement innovativeKluesner, Krieg, Nagle, Nicholson, Robbins,
programs promoting the economic independence ofVoetberg. Nays—None.
homeless persons, through cooperating efforts of
the public and private sectors; andCommunication of City Manager requesting
Whereas, in accordance with Section 403A.5 ofrestricted parking on Clarke Drive adjacent to
the Iowa Code which states:Clarke campus on alternate days of the week from
"A municipality or a 'Municipal Housing Agency'1 AM to 6 AM, presented and read. Council
may not proceed with a housing project until aMember Kluesner moved that the communication
study or a report and recommendation on housingbe received and filed. Seconded by Council
available within the community is made public byMember Nicholson. Carried by the following vote:
the municipality or agency and is included in itsYeas—Mayor Duggan, Council Members
recommendation for a housing project.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Recommendations must receive majority approvalVoetberg. Nays—None.
from the local governing body before proceeding
on the housing project."An Ordinance Amending Section 32-285 of the
AND IN ACCORDANCE WITH Section 213(c)Code of Ordinances establishing alternate side
of the Housing and Community Development Actstreet parking by adding part of Clarke Drive,
of 1974, which states in part that it must bepresented and read.
determined whether or not there is a need for such
housing assistance, taking into consideration any(OFFICIAL PUBLICATION)
applicable State or areawide housing assistanceORDINANCE NO. 37-94
plan as well as generally available data with
AN ORDINANCE AMENDING SECTION
respect to population, poverty, housing32-285 OF THE CODE OF ORDINANCES
overcrowding, housing vacancies and substandardOF THE CITY OF DUBUQUE, IOWA,
housing. A application may be approved only if
ESTABLISHING ALTERNATE SIDE
this determination is in the affirmative; and STREET PARKING BY ADDING PART OF
Whereas this application is consistent with theCLARKE DRIVE
1994 Comprehensive Housing AffordabilityNOW, THEREFORE, BE IT ORDAINED BY
Strategy for the City of Dubuque.THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVED BYDUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OFSection 1. That the Code of Ordinances of the
DUBUQUE, IOWA:City of Dubuque, Iowa be amended by adding
Section 1. The City of Dubuque has determinedClarke Drive to Subsections (b) and (c) of Section
there is a need for additional homeless housing32-285 thereof as follows:
assistance and is knowledgeable of the status ofSec. 32-385. Alternate side street parking.
available housing within the City as required by(b)When signs are erected giving notice
Iowa Code and that majority approval of thethereof, no person shall park a vehicle
between the hours of 1:00 A.M. to 6:00
203Regular Session, June 20, 1994
A.M., Monday, Wednesday or FridayPassed, approved and adopted this 20th day of
upon the following streets:June, 1994.
Clarke Drive, south side, from WestTerrance M. Duggan, Mayor
Locust Street to a point approximately oneAttest:
hundred (100) feet east of Clarke CrestMary A. Davis, City Clerk
Drive.Published officially in the Telegraph Herald
(c)When signs are erected giving noticenewspaper this 24th day of June, 1994.
thereof, no person shall park a vehicle1t 6/24Mary A. Davis CMC, City Clerk
between the hours of 1:00 A.M. to 6:00Council Member Kluesner moved that the
A.M., Tuesday, Thursday or Saturdayrequirement that a proposed Ordinance be
upon the following streets:considered and voted on for passage at two
Clarke Drive, north side, from the eastCouncil Meetings prior to the meeting at which it
property line of 1799 Clarke Drive tois to be finally passed be suspended. Seconded by
Clarke Crest Drive.Council Member Nagle. Carried by the following
Passed, approved and adopted this 20th day ofvote: Yeas—Mayor Duggan, Council Members
June, 1994.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Terrance M. Duggan, MayorVoetberg. Nays—None. Council Member
Attest:Kluesner moved final consideration and passage of
Mary A. Davis, City Clerkthe Ordinance. Seconded by Council Member
Nagle. Carried by the following vote:
Published officially in the Telegraph Herald
newspaper this 24th day of June, 1994.Yeas—Mayor Duggan, Council Members
1t 6/24Mary A. Davis CMC, City ClerkKluesner, Krieg, Nagle, Nicholson, Robbins,
Council Member Kluesner moved that theVoetberg. Nays—None.
requirement that a proposed Ordinance be
considered and voted on for passage at twoRESOLUTION NO. 211-94
Council Meetings prior to the meeting at which itNOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
is to be finally passed be suspended. Seconded by
Council Member Nicholson. Carried by theDUBUQUE, IOWA:
following vote: Yeas—Mayor Duggan, CouncilThat the following having complied with the
Members Kluesner, Krieg, Nagle, Nicholson,provisions of law relating to the sale of Cigarettes
within the City of Dubuque, Iowa, be granted a
Robbins, Voetberg. Nays—None. Council
Member Kluesner moved final consideration andpermit to sell Cigarettes and Cigarette Papers
passage of the Ordinance. Seconded by Councilwithin said City.
Member Nicholson. Carried by the following vote:The ClubhouseWayne J. Kramer
2364 Washington
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,Crazy Horse SaloonJerry Weaver
Voetberg. Nays—None.665 Dodge
Econofoods #471Nash-Finch Co.
Communication of City Manager submitting an3355 JFK Circle
Ordinance prohibiting parking on certain portionsGene's Main St.Tap
of Dorgan Place, presented and read. CouncilEugene & Catherine Bechen1007 Main
Gizmo'sGizmo's Inc.
Member Kluesner moved that the communication
be received and filed. Seconded by Council3203 Jackson
Member Nagle. Carried by the following vote:Happy's PlaceP.M.S.T. Inc.
Yeas—Mayor Duggan, Council Members2323 Rockdale Rd.
Kwik Stop Food MartRainbo Oil Co.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.1075 Dodge
An Ordinance Amending Section 32-262(d) ofKwik Stop Food MartRainbo Oil Co.
2297 University
the Code of Ordinances by prohibiting parking on
certain portions of Dorgan Place, presented andKwik Stop Food MartRainbo Oil Co.
read. 2255 Kerper Blvd.
Kwik Stop Food MartRainbo Oil Co.
2360 Central
(OFFICIAL PUBLICATION)
ORDINANCE NO. 38-94Kwik Stop Food MartRainbo Oil Co.
AN ORDINANCE AMENDING SECTION2320 Hwy 61
Monte Carlo RestaurantChung Lim Gee
32-262(d) OF THE CODE OF ORDINANCES
378 Main
OF THE CITY OF DUBUQUE, IOWA
PROHIBITING PARKING ONOky Doky #21Trans-Miss Investments Inc.
DESIGNATED STREETS OR PORTIONS
2010 Kerper
THEREOF ADDING CERTAIN PORTIONS
OF DORGAN PLACETott's TapCarol A. Meyers & Lisa M.Tott
NOW, THEREFORE, BE IT ORDAINED BY3457 Jackson
THE CITY COUNCIL OF THE CITY OFVenture Stores,Inc.#27Venture Stores,Inc.
255 John F. Kennedy
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of theWalgreensWalgreen Co.
City of Dubuque, Iowa be amended by adding to555 John F. Kennedy
Subsection (d) of Section 32-262 the following:West Locust MartLee W. Potter,Sr.
408 W. Locust
Dorgan Place, south and west sides, from Ellis
Street to Seventeenth Street; east side, fromWhite House TavernDavid H. Hoffman
Seventeenth Street to a point approximately450 W. Locust
two hundred ten (210) feet north ofWhitey's Bar XLeroy A. Miller
2616 Windsor Ave.
Seventeenth Street.
Airport InnEthel Schwartz
Regular Session, June 20, 1994204
574 E. 16th StAvenue TapOldham, Inc.
Aragon TapMyra WoodmanMy-Cap1080 University
1103 Iowa StB'sBea Bauer
Amoco FoodshopMulgrew Oil CoMy-Cap431 Rhomberg
1450 LorasBilly Buck'sBilly Buck's Inc.
Angie'sAngela MangenoMy-Cap521 E. 22nd St.
1401 Elm StClarion HotelKinseth Hospitality Co.
Asbury FastopMulgrew Oil CoMy-Cap450 Main
3300 Asbury RdD & J Bar & GrillDuane V.Roth
Butter's BarMichael SawvellMy-Cap1097 Jackson
1700 Central Ave.Denny's Lux ClubBeverly Larson
Central TapCentral Tap, Inc.My-Cap3050 Asbury
1046 CentralDiggersJJD Inc.
Country KitchenC.K. of DubuqueMy-Cap660 Iowa St.
3187 UniversityDog House LoungeRobert Leytem
Cremer'sCremer Grocery, Co.My-Cap1646 Asbury
731 Rhomberg Dubuque Mining Co.Apartments Ltd.
Cue MastersCue Masters, Ltd.My-CapKennedy Mall
900 CentralFat Tuesday'sPerron Ent.
Goetz'sJames GoetzingerMy-Cap1121 University
2776 JacksonFraternal Order of Eagle #568 FOE
House of ChinaHouse of China, Inc.My-Cap1175 Century Dr.
170 JFK RdThe Grand TapJames P. Kohl
K.C.'s Dwn Twn Auto CtrLynn KruserMy-Cap802 Central
205 Locust StGround RoundGround Round
K-MartK-Mart, CorporationMy-Cap50 John F. Kennedy
2600 Dodge StIdle HourJeannine Kersch
Knicker's SaloonCurtis GerhardMy-Cap1555 Central
2186 CentralKing of ClubsSheryl A. Shireman
Long Yuen Chinese Rest.Sam ChiuMy-Cap1902 Central
2600 Dodge StLucky "13"David H. Erickson
Martin Oil Co.Pride Service, Inc.My-Cap385 E. 13th St.
280 LocustMidway HotelWCB Hotels, Inc.
Martin Automatic Car WashMy-Cap3100 Dodge
Pride Service Inc.2175 CentralMike's Ten Pin TapMike Weber
Mike's 76 ServiceMichael RemakelMy-Cap601 Rhomberg
2205 Carter RdMyers-Cox Co.Myers-Cox Co.
Milk House on GrandviewSandra Jo MicheMy-Cap175 W. 32nd St.
l620 S. GrandviewNoonan's TapMary Lou Kamp
Oky Doky #1TFM CoMy-Cap1618 Central
250 W 1stP J's TavernPeggy Schaller
Oky Doky #2TFM CoMy-Cap500 Rhomberg
51 W 32nd StPark Square TavernDebra George
Oky Doky #6TFM CoMy-Cap600 Central
1256 Iowa StPaul's TapThomas Koch
Oky Doky #8Hill St Plaza, Inc.My-Cap176 Locust St.
535 Hill StRiver City Tap & GrillDavid Lyons
Oky Doky #14Kristina ChapmanMy-Cap1406 Pine
1050 UniversityTown Clock InnStephanie Nelson
Oky Doky #15Jena, Inc.My-CapTown Clock Plaza
401 RhombergWest Dubuque TapDonna Ginter
Old ShangNelda BennettMy-Cap1701 Asbury
1091 MainWheel HouseWheel House, Inc.
Plaza 20 Amoco FoodshopMulgrew Oil CoMy-Cap1630 E. 16th
2600 Dodge StWhiskey RiverChad A. Streff
P.O.P.'s GasHoliday Oil Dist., Inc.My-Cap1064 University
1401 CentralPassed, approved and adopted this 20th day of
P.O.P.'s GasHoliday Oil Dist. Inc.June, 1994.
1685 JFK RdTerrance M. Duggan, Mayor
Sfikas RestaurantGrandma's Pantry, Inc.Attest:
401 CentralMary A. Davis CMC, City Clerk
TargetDayton Hudson, Corp.Council Member Kluesner moved adoption of
3500 Dodgethe Resolution. Seconded by Council Member
Wareco 662Wareco Systems of IowaNagle. Carried by the following vote:
700 RhombergYeas—Mayor Duggan, Council Members
Windsor TapG & J's, Inc.Kluesner, Krieg, Nagle, Nicholson, Robbins,
2401 WindsorVoetberg. Nays—None.
YardarmYardarm, Inc.
Eagle Pt. Ext.RESOLUTION NO. 212-94
A & B TapKim BrestrupWhereas, applications for Beer Permits have
My-Cap2600 Centralbeen submitted and filed to this Council for
American LegionDubuque Post #6approval and the same have been examined and
My-Cap1305 Delhiapproved; and
205Regular Session, June 20, 1994
Whereas, the premises to be occupied by suchKluesner, Krieg, Nagle, Nicholson, Robbins,
applicants were inspected and found to complyVoetberg. Nays—None.
with the Ordinances of this City and have filed
proper bonds.Communication of City Manager
NOW, THEREFORE, BE IT RESOLVED BYrecommending to set a public hearing on July 5th
THE CITY COUNCIL OF THE CITY OFproviding for voluntary annexation for property
DUBUQUE, IOWA:located West of Cedar Cross Road and South of
That the Manager be authorized to cause to beNorth Cascade Road (requested by Martin
issued the following named applicants a BeerMcNamer), presented and read. Council Member
Permit.Nagle moved that the communication be received
CLASS "BE" BEER PERMITand filed and approved setting of Public Hearing
Hy-Vee Food Stores, Inc.on July 5, 1994 at 7:30 p.m. in the Public Library
Hy-Vee Food Stores3500 DodgeAuditorium and that the City Clerk be directed to
CLASS "C" BEER PERMITpublish notice in the manner prescribed by law.
Sandra Jo & Richard MichelSeconded by Council Member Nicholson. Carried
Milk House on Grandview620 S. Grandviewby the following vote: Yeas—Mayor Duggan,
Passed, approved and adopted this 20th day ofCouncil Members Kluesner, Krieg, Nagle,
June, 1994.Nicholson, Robbins, Voetberg. Nays—None.
Terrance M. Duggan, Mayor
Attest:Communication of City Manager submitting
Mary A. Davis, City Clerkdocuments providing for the bidding process for
Council Member Kluesner moved adoption ofthe Construction of Sheridan Road Sanitary Sewer
the Resolution. Seconded by Council MemberProject, presented and read. Council Member
Nagle. Carried by the following vote: Krieg moved that the communication be received
Yeas—Mayor Duggan, Council Membersand filed. Seconded by Council Member
Kluesner, Krieg, Nagle, Nicholson, Robbins,Nagle. Carried by the following vote:
Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
RESOLUTION NO. 213-94Voetberg. Nays—None.
Whereas, applications for Liquor Licenses have
been submitted to this Council for approval and the
RESOLUTION NO. 214-94
same have been examined and approved; andPRELIMINARY APPROVAL OF PLANS
Whereas, the premises to be occupied by suchAND SPECIFICATIONS
applicants were inspected and found to complyNOW THEREFORE, BE IT RESOLVED BY
with the State Law and all City OrdinancesTHE CITY COUNCIL OF THE CITY OF
relevant thereto and they have filed proper bonds.DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVED BYThat the proposed plans, specifications, form of
THE CITY COUNCIL OF THE CITY OFcontract and estimated cost for the Sheridan Road
DUBUQUE, IOWA:Sanitary Sewer Extension, in the estimated amount
That the Manager be authorized to cause to beof $68,804.44, are hereby approved and ordered
issued the following named applicantsfiled in the office of the City Clerk for public
a Liquor License. inspection.
CLASS "C" (COMMERCIAL) BEER ANDPassed, adopted and approved this 20th day of
LIQUOR LICENSEJune, 1994.
Ethel SchwartzAirport InnTerrance M. Duggan, Mayor
574 E 16thAttest:
American Legion Post #6Mary A. Davis, City Clerk
American Legion Post #61306 DelhiCouncil Member Krieg moved adoption of the
Michael SawvellButter's BarResolution. Seconded by Council Member Nagle.
1700 CentralCarried by the following vote: Yeas—Mayor
Carolyn FonckChannel InnDuggan, Council Members Kluesner, Krieg,
2010 KerperNagle, Nicholson, Robbins, Voetberg.
James FerringDubuque Bowling LanesNays—None.
1029 Main St
Eugene & Catherine BechenRESOLUTION NO. 215-94
Gene's Main Street Tap1007 Main StFIXING DATE OF HEARING ON PLANS
Gizmo's Inc.Gizmo's
AND SPECIFICATIONS
3203 JacksonWhereas, the City Council of the City of
Peggy SchallerP.J.'sDubuque, Iowa has given its preliminary approval
500 Rhombergon the proposed plans, specifications, and form of
Thomas KochPaul's Taverncontract and placed same on file in the office of the
176 LocustCity Clerk for public inspection of the Sheridan
Digger's Inc.DiggersRoad Sanitary Sewer Extension.
Outdoor Serv.only660 Iowa StNOW THEREFORE, BE IT RESOLVED BY
Passed, approved and adopted this 20th dayTHE CITY COUNCIL OF THE CITY OF
of June, 1994.DUBUQUE, IOWA:
Terrance M. Duggan, MayorThat on the 18th day of July, 1994, a public
Attest:hearing will be held at 7:30 p.m. in the Public
Mary A. Davis CMC, City ClerkLibrary Auditorium at which time interested
Council Member Kluesner moved adoption ofpersons may appear and be heard for or against the
the Resolution. Seconded by Council Memberproposed plans and specifications, form of contract
Nagle. Carried by the following vote:and cost of said improvement, and the City Clerk
Yeas—Mayor Duggan, Council Membersbe and is hereby directed to cause a notice of time
Regular Session, June 20, 1994206
and place of such hearing to be published in aNagle, Nicholson, Robbins, Voetberg.
newspaper having general circulation in the City ofNays—None.
Dubuque, Iowa, which notice shall be not less than
four days nor more than twenty days prior to theRESOLUTION NO. 217-94
day fixed for its consideration. At the hearing, any
FIXING DATE OF HEARING ON
interested person may appear and file objections toRESOLUTION OF NECESSITY
the proposed plans, specifications, contract, orWhereas, the City Council of the City of
estimated cost of the improvement.Dubuque, Iowa, has given its preliminary approval
Passed, adopted and approved this 20th day ofon the proposed plans, specifications and form of
June, 1994.contract and placed same on file in the office of the
Terrance M. Duggan, MayorCity Clerk for public inspection, for the Sheridan
Attest:Road Sanitary Sewer Extension, and,
Mary A. Davis, City ClerkWhereas, the proposed Resolution of Necessity
Council Member Krieg moved adoption of thefor said improvement has been introduced and is
Resolution. Seconded by Council Member Nagle.now on file in the City Clerk's office for public
Carried by the following vote: Yeas—Mayorinspection.
Duggan, Council Members Kluesner, Krieg,NOW THEREFORE, BE IT RESOLVED BY
Nagle, Nicholson, Robbins, Voetberg.THE CITY COUNCIL OF THE CITY OF
Nays—None.DUBUQUE, IOWA:
That on the 18th day of July, 1994, a public
RESOLUTION NO. 216-94hearing will be held at 7:30 o'clock p.m. in the
RESOLUTION OF NECESSITYPublic Library Auditorium in the City of Dubuque
Whereas, proposed plans have been dulyat which time the owners of property subject to
prepared and approved by the City Council of theassessment for the proposed improvement or any
City of Dubuque and are now on file in the officeother person having an interest in the matter may
of City Clerk showing among other things theappear and be heard for or against the making of
plans, specifications, form of contract, estimatedthe improvement, the boundaries of the district, the
cost and preliminary plat and schedule showing thecost, the assessment against any lot, or the final
amount proposed to be assessed against each lotadoption of a resolution of necessity and the City
and the valuation of each lot as filed by the CityClerk be and is hereby authorized and directed to
Council, for the Sheridan Road Sanitary Sewercause a notice of time and place of such hearing to
Extension.be published in a newspaper having general
NOW THEREFORE, BE IT RESOLVED BYcirculation in the City of dubuque, Iowa, which
THE CITY COUNCIL OF THE CITY OFnotice shall be published once each week for two
DUBUQUE, IOWA:consecutive weeks, the first publication of which
That the City Council deems it advisable andshall be not less than ten days prior to the day fixed
necessary for the public welfare to make the hereinfor its consideration. Unless property owners at the
mentioned improvements, and unless propertytime of the final consideration of this proposed
owners at the time of the final consideration of thisresolution have on file with the City Clerk
proposed resolution have on file with the Cityobjections to the Resolution of Necessity they shall
Clerk objections to the resolution of necessity, theybe deemed to have waived all objections thereto.
shall be deemed to have waived all objectionsPassed, adopted and approved this 20th day of
pertaining to the regularity of the proceeding andJune, 1994.
the legality of using the special assessmentTerrance M. Duggan, Mayor
procedure.Attest:
Said improvements shall be constructed andMary A. Davis, City Clerk
done in accordance with the plans andCouncil Member Krieg moved adoption of the
specifications which have been approved by theResolution. Seconded by Council Member Nagle.
City Council and now on file with the City Clerk.Carried by the following vote: Yeas—Mayor
That the cost and expense of making suchDuggan, Council Members Kluesner, Krieg,
improvement will be assessed partially or totallyNagle, Nicholson, Robbins, Voetberg.
against privately owned property lying with theNays—None.
assessment limits, and in an amount not to exceed
that provided by law, and in proportion to theRESOLUTION NO. 218-94
special benefits conferred.RESOLUTION APPROVING
The portion of the cost which shall be borne byPRELIMINARY SCHEDULE OF
the City will be paid from Sanitary Sewer
ASSESSMENTS
Construction Fund, and special assessment bondsNOW THEREFORE, BE IT RESOLVED BY
may be issued in anticipation of deferred paymentsTHE CITY COUNCIL OF THE CITY OF
of assessments when a contract has been performedDUBUQUE, IOWA:
and accepted, and the proceeds thereof used to payThat the attached sheets, 1 to 1 inclusive, are
the contractor.hereby determined to be the schedule of proposed
The above resolution was introduced, approvedassessments for the Sheridan Road Sanitary Sewer
and ordered placed on file with the City Clerk this
Extension and the valuations set out herein are
20th day of June, 1994.hereby approved.
Approved and placed on file for final action.Passed, approved and adopted this 20th day of
Terrance M. Duggan, MayorJune, 1994.
Attest:
Terrance M. Duggan, Mayor
Mary A. Davis, City ClerkAttest:
Council Member Krieg moved adoption of theMary A. Davis, City Clerk
Resolution. Seconded by Council Member Nagle.Council Member Krieg moved adoption of the
Carried by the following vote: Yeas—Mayor
Resolution. Seconded by Council Member Nagle.
Duggan, Council Members Kluesner, Krieg,Carried by the following vote: Yeas—Mayor
207Regular Session, June 20, 1994
Duggan, Council Members Kluesner, Krieg,Range Planning Commission effective
Nagle, Nicholson, Robbins, Voetberg.immediately, presented and read. Council Member
Nays—None.Voetberg moved that the communication be
received and filed and resignations accepted with
MINUTES SUBMITTED — Airportregret. Seconded by Council Member Nagle.
Commission of 4-12 & 4-25; Historic PreservationCarried by the following vote: Yeas—Mayor
Commission of 10-27-93, 12-14-93 & 5-19-94;Duggan, Council Members Kluesner, Krieg,
Housing Code Appeals Board of 5-17; HousingNagle, Nicholson, Robbins, Voetberg.
Commission Trust Fund Committee of 3-3;Nays—None.
Human Rights Commission of 6-9; Library Board
of Trustees of 5-26; Long Range PlanningProof of Publication certified to by the
Commission of 5-18; Plumbing Board of 5-24;Publisher on List of Claims paid for month of
Transit Trustee Board of 5-12, presented and read.April, 1994; and Finance Director submitting
Council Member Voetberg moved that the minutesFinancial Reports for May, 1994, presented and
be received and filed. Seconded by Councilread. Council Member Voetberg moved that the
Member Nagle. Carried by the following vote:proofs and report be received and filed. Seconded
Yeas—Mayor Duggan, Council Membersby Council Member Nagle. Carried by the
Kluesner, Krieg, Nagle, Nicholson, Robbins,following vote: Yeas—Mayor Duggan, Council
Voetberg. Nays—None.Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.
NOTICES OF CLAIMS/SUITS —Attorney
Robert E. Sabers on behalf of Kathy, John &IDOT advising of their dismissal of
Dustin Digman, in unknown amount for personalcondemnation of certain rights for improvements
injuries; FORD Motor Credit Co., in amount offor relocated Primary Road No. #20 "Group I,
$1167.53 for vehicle damages; Charles Hoskins inParcel 180", presented and read. Council Member
the amount of $250.00 for personal reasons;Voetberg moved that the Notice be received and
Michael Keating in est. amt. of $436.06 for vehiclefiled. Seconded by Council Member Voetberg.
damages; Amy Koster by her mother KarenCarried by the following vote: Yeas—Mayor
Blakeman, in unknown amount for personalDuggan, Council Members Kluesner, Krieg,
injuries; Paul Kritz in amount of $87.48 for tireNagle, Nicholson, Robbins, Voetberg.
damages; Dorothy Meyer by Duane Meyer,Nays—None.
Executor, in the amount of $1,401.24 for property
damages; Paul Kern, on behalf of Greg Parker, inDubuque Symphony Orchestra requesting to
amount of $612.58 for vehicle damages; Stateconduct a fireworks display on September 4th near
Farm Insurance as subrogee of Bruce & MarilynHawthorne Street Boat Landing area, presented
Rothenberger in amount of $250.00 for vehicleand read. Council Member Voetberg moved that
damages; Marion Schueller in unknown amountthe request be approved subject to implementation
for personal injuries; Rita J. Wolf-Berg in amountof City Manager. Seconded by Council Member
of $20.00 for vehicle damages; WolffNagle. Carried by the following vote:
Transportation in the amount of $168.38 forYeas—Mayor Duggan, Council Members
property damages, presented and read. CouncilKluesner, Krieg, Nagle, Nicholson, Robbins,
Member Voetberg moved that the claims and suitsVoetberg. Nays—None.
be referred to Legal Staff for investigation and
report. Seconded by Council Member Nagle.REFUNDS REQUESTED — Finale Lounge,
Carried by the$422.50 on unexpired Liquor License; David
following vote: Yeas—Mayor Duggan, CouncilUngs, $422.50 on unexpired Liquor License,
Members Kluesner, Krieg, Nagle, Nicholson,presented and read. Council Member Voetberg
Robbins, Voetberg. Nays—None.moved that the refunds be approved and the
Finance Director to issue proper checks. Seconded
Communication of Corporation Counselby Council Member Nagle. Carried by the
recommending denial of tire damage claim offollowing vote: Yeas—Mayor Duggan, Council
Francis J. Thomas, presented and read. CouncilMembers Kluesner, Krieg, Nagle, Nicholson,
Member Voetberg moved that the communicationRobbins, Voetberg. Nays—None.
be received and filed and approved denial.
Seconded by Council Member Nagle. Carried byCommunication of Michael J. Bentz of River
the following vote: Yeas—Mayor Duggan,City Paving requesting formal dedication of the
Council Members Kluesner, Krieg, Nagle,Access Easement Area near Wal-Mart as a public
Nicholson, Robbins, Voetberg. Nays—None.road, presented and read. Council Member
Voetberg moved that the communication be
Communication of Corporation Counselreferred to the City Manager and Staff. Seconded
recommending approval of car damage claim ofby Council Member Nagle. Carried by the
Nicole Johnson in the amount of $124.85,following vote: Yeas—Mayor Duggan, Council
presented and read. Council Member VoetbergMembers Kluesner, Krieg, Nagle, Nicholson,
moved that the communication be received andRobbins, Voetberg. Nays—None.
filed and accepted with regret. Seconded by
Council Member Nagle. Carried by the followingCommunication of the City Manager advising
vote: Yeas—Mayor Duggan, Council Membersof approval of final plat of Cedar Ridge Industrial
Kluesner, Krieg, Nagle, Nicholson, Robbins,Development, 1st Addition, presented and read.
Voetberg. Nays—None. Council Member Voetberg moved that the
communication be received and filed. Seconded
Communications of Marilee Fowler submittingby Council Member Nagle. Carried by the
her resignation from Airport Commission effectivefollowing vote: Yeas—Mayor Duggan, Council
June 24th; Gordon Fowler resigning from Long
Regular Session, June 20, 1994208
Members Kluesner, Krieg, Nagle, Nicholson,d.To maintain the public improvements,
Robbins, Voetberg. Nays—None.except sidewalks, for a period of two (2)
years from the date of the acceptance of
RESOLUTION NO. 219-94those improvements by the City of
Dubuque, Iowa, at the sole expense of the
A RESOLUTION APPROVING THE FINAL
PLAT OF CEDAR RIDGE INDUSTRIALsubdivider, as owner, or future owner;
DEVELOPMENT, FIRST ADDITION INe.To construct sidewalks in accordance with
the requirements of Section 42-24(e) of
THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the Citythe City Code, specifically:
Clerk a final plat of Cedar Ridge IndustrialSidewalk installation shall be the
Development, First Addition, in the City ofresponsibility of the owner of the property
Dubuque, Iowa; andabutting the public right-of-way. The
Whereas, upon said final plat appears a street toresponsibility shall extend to all
be known as Hughes Court, together with certainsuccessors, heirs and assignees. Sidewalk
public utility, sanitary and storm sewer easementsinstallation will not be required until the
which the Owner by said final plat has dedicated todevelopment of the lot has been
the public forever; andcompleted, except as required herein. In
Whereas, said final plat has been examined bysparsely developed subdivisions,
the City Planner and had its approval endorsedsidewalks on developed lots will not be
thereon subject the owner agreeing to therequired until 50% of the lots approved by
conditions noted in Section 2 below; andthe plat have been developed. All vacant
Whereas, said final plat has been examined bylots shall have sidewalks installed upon
the City Council and they find that it conforms todevelopment of 80% of the lots approved
the statutes and ordinances relating to it, exceptby the plat.
that no streets or public utilities have yet beenAnd further provided that said Julian Nemmers,
constructed or installed; andas owner of said property, shall secure the
Whereas, the City Council concurs in theperformance of the foregoing conditions provided
conditions of approval established by the Zoningin Section 2 by providing security in such form and
Commission.with such sureties as may be acceptable to the City
NOW, THEREFORE, BE IT RESOLVED BYManager of the City of Dubuque, Iowa.
THE CITY COUNCIL OF THE CITY OFSection 3. That in the event Julian Nemmers
DUBUQUE, IOWA:shall fail to execute the acceptance and furnish the
Section 1. That the dedications of Hughessecurity provided in Section 2 hereof within forty-
Court, also known as Lot A, together with thefive (45) days after the date of the Resolution, the
easements for public utilities, sanitary sewer, stormprovisions hereof shall be null and void and the
sewer and water mains as they appear upon saidacceptance of the dedication and approval the plat
final plat, be and the same are hereby accepted;shall not be effective.
andPassed, approved and adopted this 20th day of
Section 2. That the plat of Cedar RidgeJune, 1994.
Industrial Development, First Addition, is herebyTerrance M. Duggan, Mayor
approved and the Mayor and City Clerk are herebyAttest:
authorized and directed to endorse the approval ofMary A. Davis, City Clerk
the City of Dubuque, Iowa, upon said final plat,ACCEPTANCE OF RESOLUTION
provided the owners of said property herein named,NO. 219-94
execute their written acceptance hereto attachedI, the undersigned, Julian Nemmers, having
agreeing:read the terms and conditions of the Resolution
a.To reduce Hughes Court to grade and toNo. 219-94 and being familiar with the conditions
construct concrete curb and gutter and tothereof, hereby accept this same and agree to the
hard surface with asphaltic concrete, orconditions required therein.
with concrete paving with integral curb,Dated in Dubuque, Iowa this 30th day of June,
all in accordance with the City of1994.
Dubuque standard specifications; all in aBy /s/Julian Nemmers
manner acceptable to the City EngineerCouncil Member Voetberg moved adoption of
and in conformance with constructionthe Resolution. Seconded by Council Member
improvement plans approved by the CityNagle. Carried by the following vote:
Engineer.Yeas—Mayor Duggan, Council Members
b.To install sanitary sewer mains and sewerKluesner, Krieg, Nagle, Nicholson, Voetberg.
service laterals into each individual lot,Nays—None.
water mains and water service laterals into
each individual lot, storm sewers andCommunication of City Manager advising the
catch basins, boulevard street lighting andBoards & Commissions picnic has been scheduled
erosion control devices all in accordancefor August 30th, presented and read. Council
with the City of Dubuque standardMember Voetberg moved that the communication
specifications and in accordance withbe received and filed. Seconded by Council
construction improvement plans approvedMember Nagle. Carried by the following vote:
by the City Engineer, and inspected by theYeas—Mayor Duggan, Council Members
City Engineer.Kluesner, Krieg, Nagle, Nicholson, Robbins,
c.To construct said improvements, exceptVoetberg. Nays—None.
sidewalks, prior to one year from the date
of acceptance of this resolution, at the soleCommunication of the City Manager
expense of the subdivider, as owner, orrecommending execution of Purchase of Services
future owner;Agreement with Dubuque Humane Society,
presented and read. Council Member Voetberg
209Regular Session, June 20, 1994
moved that the communication be received andWhereas, Terracon Environmental, Inc. has
filed. Seconded by Council Member Nagle.requested permission from the City of Dubuque to
Carried by the following vote: Yeas—Mayorperform soil borings and to install monitoring wells
Duggan, Council Members Kluesner, Krieg,on City right-of-way in the vicinity of 300 South
Nagle, Nicholson, Robbins, Voetberg.Locust Street for the purpose of assessing current
Nays—None.ground water conditions; and
Whereas, a License Agreement Right-of-Entry
for Site Assessment has been prepared outlining
RESOLUTION NO. 220-94
the responsibilities of Terracon Environmental,
APPROVING A PURCHASE OF SERVICES
AGREEMENT BETWEEN THE CITY OFInc. in the performance of soil borings and
DUBUQUE AND THE DUBUQUE HUMANEinstallation of monitoring wells on the public right-
of-ways; and
SOCIETY AND AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTEWhereas, the performance of the activities of
SAID AGREEMENT ON BEHALF OF THETerracon Environmental, Inc. will be at no cost or
CITY OF DUBUQUE, IOWA.expense to the City and all work will be performed
Whereas, the City of Dubuque does not operateby the Licensee or its employees, agents or
its own shelter for dogs, cats and other animalssubcontractors; and
which may be taken up or received pursuant toWhereas, it is the desire of the City Council to
Article II of Chapter 7 of the Code of Ordinancesenter into said License Agreement for the
of the City; andinstallation of soil borings and monitoring wells on
Whereas, the Dubuque Humane Society is anthe public right-of-way as requested.
incorporated society for the prevention of theNOW, THEREFORE, BE IT RESOLVED BY
cruelty of animals and does maintain a shelter forTHE CITY COUNCIL OF THE CITY OF
the custody of lost, strayed or homeless dogs, cats,DUBUQUE, IOWA:
or other animals and for the disposition and/orSection 1. That the License Agreement for
destruction of such animals not redeemed and/orRight-of-Entry for Site Assessment be in the same
diseased; andas hereby approved.
Whereas, it is deemed to be in the best interestSection 2. That the Mayor be and is hereby
of the City of Dubuque to enter into an agreementauthorized to execute said License Agreement for
with the Dubuque Humane Society to provideand on behalf of the City Council.
animal shelter services for the City.Passed, approved and adopted this 20th day of
NOW, THEREFORE, BE IT RESOLVED BYJune, 1994.
THE CITY COUNCIL OF THE CITY OFTerrance M. Duggan, Mayor
DUBUQUE, IOWA:Attest:
Section 1. That the attached Purchase ofMary A. Davis, City Clerk
Services Agreement by and between the City ofCouncil Member Voetberg moved adoption of
Dubuque, Iowa and Dubuque Humane Society bethe Resolution. Seconded by Council Member
and the same is hereby approved.Nagle. Carried by the following vote:
Section 2. That the Mayor be and he is herebyYeas—Mayor Duggan, Council Members
authorized and directed to execute said AgreementKluesner, Krieg, Nagle, Nicholson, Voetberg.
for and on behalf of the City of Dubuque, Iowa.Nays—None.
Passed, approved and adopted this 20th day of
June, 1994.There being no further business, Council
Terrance M. Duggan, MayorMember Kluesner moved to adjourn. Seconded by
Attest:Council Member Nagle. Carried by the following
Mary A. Davis, City Clerkvote: Yeas—Mayor Duggan, Council Members
Council Member Voetberg moved adoption ofKluesner, Krieg, Nagle, Nicholson, Robbins,
the Resolution. Seconded by Council MemberVoetberg. Nays—None.
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersMeeting adjourned at 12:43 a.m. 6-21-94.
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays—None. Mary A. Davis CMC
City Clerk
Communication of City Manager advising of
request from Terracon Environmental Inc. to
perform soil boring and install monitoring wells on
city right-of-way at 300 S. Locust, presented and
read. Council Member Voetberg moved to receive
and file the communication. Seconded by Council
Member Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 221-94
RESOLUTION AUTHORIZING LICENSE
AGREEMENT BETWEEN CITY OF
DUBUQUE AND TERRACON
ENVIRONMENTAL, INC. TO PERFORM
SOIL BORINGS AND TO INSTALL
MONITORING WELLS ON PUBLIC
RIGHT-OF-WAY IN THE VICINITY OF 300
S. LOCUST STREET