1994 April Council ProceedingsRegular Session, April 4, 199492
on March 17th, presented and read. There
were no written objections received. Tracy
DUBUQUE
Wagner of the University of Dubuque and Ken
Tischnick of Loras College spoke endorsing
the project. Council Member Robbins moved
CITY COUNCIL
that the proofs be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
OFFICIAL
Nagle, Nicholson, Voetberg. Nays—None.
PROCEEDINGS
RESOLUTION NO. 106-94
RESOLUTION ADOPTING PLANS AND
SPECIFICATIONS
Regular Session, April 4, 1994
Council Met at 7:30 p.m., Public LibraryWhereas, on the 3rd day of March, 1994,
Auditoriumplans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Present: Mayor Duggan, Council Members
Dubuque, Iowa for the 1994 Portland Cement
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Concrete Paving Project.
Voetberg, City Manager Michael C. Van
Whereas, notice of hearing on plans,
Milligen, Corporation Counsel Barry A.
Lindahl.specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
Mayor Duggan read the call and stated this
BY THE CITY COUNCIL OF THE CITY OF
is the Regular Session of the City Council
DUBUQUE, IOWA:
called for the purpose to act upon such
business which may properly come before theThat the said plans, specifications, form of
Council.contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
Invocation was given by Rev. Ron Rankin,
improvements for said project.
United Methodist Church.
Passed, adopted and approved this 4th day
PROCLAMATIONS -- Month of April asof April, 1994.
"Child Abuse Prevention Month" received byTerrance M. Duggan, Mayor
Attest:
Sue Davison, Andy Green and Richard
Mary A. Davis, City Clerk
Caniglia; Commending Clarke and Loras
Council Member Robbins moved adoption
students participating in the "1994 Campaign
of the Resolution. Seconded by Council
Against Hunger" received by Justin Carney
from Loras College & Wendy Crawford andMember Voetberg. Carried by the following
others; April 17-23 as "National Libraryvote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Week" received by Library Director Nicky
Nays—None.
Stanke; April 18-24 as "Human Relations
Enhancement Week" received by Thom
RESOLUTION NO. 107-94
Determan and Barbara Schick; April 3-10 as
"Square Dance Week" received by Bill & BarbRESOLUTION WITH RESPECT TO THE
Zubler.ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE 1994
The DNR (Dept. of Natural Resources)
PORTLAND CEMENT CONCRETE
presented a plaque naming the Julien Dubuque
PAVING PROJECT
grave site to the National Register of Historic
Whereas, the City Council has proposed a
sites.
Police Chief John Mauss and Officer BobResolution of Necessity for the 1994 Portland
Flannery presented a Certificate ofCement Concrete Paving Project, has given
notice of the public hearing thereon as required
Appreciation to Police Officer Steve Eastvedt.
by law; and
Whereas, the public hearing has been held,
Council Member Robbins moved that the
all persons offering objections have been heard
rules be suspended to allow anyone present to
address the Council. Seconded by Counciland consideration given to all objections and is
Member Nicholson. Carried by the followingpending before this Council; and
Whereas, this is the time and place set as
vote: Yeas—Mayor Duggan, Council Members
provided for the taking of action on the
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
proposed Resolution of Necessity.
Nays—None.
NOW THEREFORE, BE IT RESOLVED
Proofs of Publication certified to by theBY THE CITY COUNCIL OF THE CITY OF
Publisher on Notice of Hearing on Plans andDUBUQUE, IOWA:
That the proposed Resolution of Necessity
Specifications for 1994 Portland Cement
described above is hereby:
Concrete Paving Project; Notice to Property
Owners; Certificate of City Clerk stating
notices were sent to known property owners
93Regular Session, April 4, 1994
Adopted, without amendment, and allPennsylvania Ave. west to the City limits
objections filed or made having been dullyneeds more.
considered are overruled.
Passed, adopted and approved this 4th dayRESOLUTION NO. 109-94
of April, 1994.RESOLUTION ADOPTING PLANS AND
Terrance M. Duggan, MayorSPECIFICATIONS
Attest:Whereas, on the 2nd day of March, 1994,
Mary A. Davis, City Clerkplans, specifications, form of contract and
Council Member Robbins moved adoptionestimated cost were filed with the City Clerk of
of the Resolution. Seconded by CouncilDubuque, Iowa for the 1994 Asphalt Paving
Member Voetberg. Carried by the followingProject.
vote: Yeas—Mayor Duggan, Council MembersWhereas, notice of hearing on plans,
Kluesner, Krieg, Nagle, Nicholson, Voetberg.specifications, form of contract, and estimated
Nays—None. cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
RESOLUTION NO. 108-94BY THE CITY COUNCIL OF THE CITY OF
ORDERING BIDSDUBUQUE, IOWA:
NOW THEREFORE, BE IT RESOLVEDThat the said plans, specifications, form of
BY THE COUNCIL OF THE CITY OFcontract and estimated cost are hereby
DUBUQUE, IOWA:approved as the plans, specifications, form of
That the 1994 Portland Cement Pavingcontract and estimated cost for said
Project is hereby ordered to be advertised forimprovements for said project.
bids for construction.Passed, adopted and approved this 4th day
BE IT FURTHER RESOLVED, that theof April, 1994.
amount of the security to accompany each bidTerrance M. Duggan, Mayor
shall be in an amount which shall conform toAttest:
the provisions of the notice to bidders herebyMary A. Davis, City Clerk
approved as a part of the plans andCouncil Member Robbins moved adoption
specifications heretofore adopted.of the Resolution. Seconded by Council
That the City Clerk is hereby directed toMember Nicholson. Carried by the following
advertise for bids for the construction of thevote: Yeas—Mayor Duggan, Council Members
improvements herein provided, to be publishedKluesner, Krieg, Nagle, Nicholson, Voetberg.
in a newspaper having general circulation inNays—None.
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more thanProof of Publication certified to by the
twenty days prior to the receipt of said bids atPublisher on Notice of Awarding Bids for the
2:00 p.m. on the 21st day of April, 1994. Bidssale of $3,100,000 General Obligation Bonds,
shall be opened and read by the City Clerk atand communication of Richard Pavia, Speer
said time and will be submitted to the CouncilFinancial, Inc., recommending to sell bonds to
for final action at 7:30 p.m. on the 2nd day ofHarris Trust and Savings Bank of Chicago, Il,
May, 1994.presented and read. Council Member
Passed, adopted and approved this 4th dayVoetberg moved that the proof be received and
of April, 1994.filed. Seconded by Council Member Kluesner.
Terrance M. Duggan, MayorCarried by the following vote: Yeas—Mayor
Attest:Duggan, Council Members Kluesner, Krieg,
Mary A. Davis, City ClerkNagle, Nicholson, Voetberg. Nays—None.
Council Member Robbins moved adoption
of the Resolution. Seconded by CouncilRESOLUTION NO. 110-94
Member Voetberg. Carried by the followingRESOLUTION DIRECTING SALE OF
vote: Yeas—Mayor Duggan, Council Members$3,100,000 ESSENTIAL CORPORATE
Kluesner, Krieg, Nagle, Nicholson, Voetberg.PURPOSE GENERAL OBLIGATION
Nays—None. BONDS
WHEREAS, pursuant to notice as required
Proof of Publication certified to by theby law, bids have been received at public sale
Publisher on Notice of Hearing on Plans andfor the bonds described as follows and the best
Specifications for 1994 Asphalt Pavingbid received is determined to be the following:
Project, presented and read. There were no$3,100,000 ESSENTIAL CORPORATE
written objections received and no oralPURPOSE GENERAL OBLIGATION
objector present at the time of the Hearing. BONDS:
Council Member Robbins moved that theBidder: Harris Trust and Savings Bank of
proof be received and filed. Seconded byChicago, Illinois
Council Member Nicholson. Carried by thethe terms of said bid being:
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,Total Interest$854,218.75
Voetberg. Nays—None. Plus Discount + 8,081.00
Dick McFadden and Walt McFaddenNet Interest Cost$862,299.75
objected to the repair of Radford Rd. whenNet Interest Rate4.9443%
Regular Session, April 4, 199494
NOW, THEREFORE, BE IT RESOLVED BYORDINANCE NO. 13-94
THE CITY COUNCIL OF THE CITY OFAN ORDINANCE AMENDING
DUBUQUE, IOWA:APPENDIX A (THE ZONING
Section 1.That the bid for the bonds asORDINANCE) OF THE CODE OF
above set out is hereby determined to be theORDINANCES OF CITY OF DUBUQUE,
best and most favorable bid received and, saidIOWA, BY RECLASSIFYING
bonds are hereby awarded based on said bid.HEREINAFTER DESCRIBED
Section 2.That the statement ofPROPERTY LOCATED AT 3049
information for bond bidders and the form ofASBURY ROAD FROM C-2
contract for the sale of said bonds are herebyNEIGHBORHOOD SHOPPING CENTER
approved and the Mayor and Clerk areDISTRICT TO C-3 GENERAL
authorized to execute the same on behalf of theCOMMERCIAL DISTRICT, WITH
City.CONDITIONS.
Section 3.That the notice of the sale ofNOW, THEREFORE, BE IT ORDAINED
the bonds heretofore given and all acts of theBY THE CITY COUNCIL OF THE CITY OF
Clerk done in furtherance of the sale of saidDUBUQUE, IOWA:
bonds are hereby ratified and approved.Section 1. That Appendix A (the Zoning
PASSED AND APPROVED, this 4th dayOrdinance) of the Dubuque Code of
of April, 1994.Ordinances be amended by reclassifying
Terrance M. Duggan, Mayorhereinafter described property from C-2
ATTEST:Neighborhood Shopping Center District to C-3
Mary Davis, City ClerkGeneral Commercial District, with conditions
Council Member Voetberg moved adoptionas stated in the attached Memorandum of
of the Resolution. Seconded by CouncilAgreement, to wit:
Member Kluesner. Carried by the followingLot 1 of Vorwald Place No. 2, and to the
vote: Yeas—Mayor Duggan, Council Memberscenter line of the adjoining public right-of-way.
Kluesner, Krieg, Nagle, Nicholson, Voetberg.Section 2. That the Performance Standards,
Nays—None. as stated in the attached Memorandum of
Agreement are as follows:
Proof of Publication certified to by the1)That the following uses are deleted from the
Publisher on Notice of Public Hearing toC-3 General Commercial District for this
reclassify property at 3049 Asbury Road fromproperty: Funeral home, private club, motel,
C-2 to C-3 District, and communications ofbar/tavern, service station, super market,
Steven Dwinal, Sieg Auto Parts and Bobhotels, lumber yards, moving and storage
Felderman requesting favorable rezoning,facilities, auto service centers,
presented and read. Council Memberauto/repair/body shop, truck service and
Kluesner moved that the proof be received andrepair, farm implement service, boat sales
filed. Seconded by Council Memberand service, recreational vehicle service and
Nicholson. Carried by the following vote:contractor shop yard.
Yeas—Mayor Duggan, Council Members2)That the property owner(s) will submit a
Kluesner, Krieg, Nagle, Nicholson, Voetberg.zoning reclassification request for this
Nays—None. property from the C-3 General Commercial
District, with conditions, to the C-2
An Ordinance Amending Zoning OrdinanceNeighborhood Shopping Center District at
by reclassifying property located at 3049the expense of the property owner(s) within
Asbury Road from C-2 Neighborhoodten (10) days after the adoption of an
Shopping Center District to C-3 Generalamended C-2 District incorporating the
Commercial District, With Conditions, saidprincipal permitted use of "retail
rezoning denied by Zoning Commission, thensales/service" by the City Council.
presented at Council meeting on 3-21-94 andSection 3. That the foregoing amendment
no readings given but set for hearing only, nowhas heretofore been reviewed by the Zoning
presented for further action.Commission of the City of Dubuque, Iowa.
Steve Irving of 2140 Judson opposedSection 4. That this ordinance shall take
rezoning. Steve Dwinal of Sieg Auto Parts andeffect immediately upon publication as
Bob Felderman, representing owner R.provided by law.
Musicus, spoke requesting rezoning.Passed, approved and adopted this 4th day
Council Member Voetberg moved that theyof April, 1994.
table the issue until after Item #6. SecondedTerrance M. Duggan, Mayor
by Council Member Nicholson. No vote takenAttest:
on the motion.Mary A. Davis, City Clerk
Council Member Voetberg further movedACCEPTANCE OF ORDINANCE NO. 13-
that the item be removed from the table.94
Seconded by Council Member Kluesner.I/We, Musicus Realty, having read the
Carried by the following vote: Yeas—Mayorterms and conditions of the foregoing
Duggan, Council Members Kluesner, Krieg,Ordinance No. 13-94 and being familiar with
Nagle, Nicholson, Voetberg. Nays—None.the conditions thereof, hereby accept this same
and agree to the conditions required therein.
95Regular Session, April 4, 1994
Dated in Dubuque, Iowa this 31st day ofZoning Ordinance of the City of Dubuque,
March, 1994.Iowa.
By /s/Raphael Musicus, Musicus RealtyF)This Agreement shall be binding upon the
MEMORANDUM OF AGREEMENTundersigned and his/her heirs, successor
Pursuant to the Iowa Code Section 414.5and assignees.
(1991), and as an express condition ofACCEPTANCE OF ORDINANCE NO. 13-
rezoning of the property described as:94
Lot 1 of Vorwald Place No. 2, and to theI/We, Musicus Realty, having read the
center line of the adjoining public right-of-way,terms and conditions of the foregoing
all in the City of Dubuque, Iowa.Ordinance No. 13-94 and being familiar with
which is the subject of Ordinance No. 13-94,the conditions thereof, hereby accept this same
a copy of which is attached hereto andand agree to the conditions required therein.
incorporated herein by reference, theDated in Dubuque, Iowa this 31st day of
undersigned property owner, Musicus Realty,March, 1994.
agrees to the following conditions, all of whichBy: s/s Raphael Musicus, Musicus Realty
the property owner further agrees arePublished officially in the Telegraph
reasonable and are imposed to satisfy public
Herald newspaper this 11th day of April,
needs which are caused directly by the
1994.
rezoning:
1t 4/11Mary A. Davis CMC, City Clerk
A)Performance Standards
Council Member Kluesner moved that this
1)That the following uses are not allowed inbe considered the first reading of the
the C-3 General Commercial zoning districtOrdinance, and that the requirement that a
for this property: Funeral home, privateproposed Ordinance be considered and voted
club, motel, bar/tavern, service station,
on for passage at two Council meetings prior
super market, hotels, lumber yards, moving
to the meeting at which it is to be finally
and storage facilities, auto service centers,adopted be suspended and further moved final
auto/repair/body shop, truck service andadoption of the Ordinance. Seconded by
repair, farm implement service, boat salesCouncil Member Nicholson. Carried by the
and service, recreational vehicle service andfollowing vote: Yeas—Mayor Duggan,
contractor shop yard.
Council Members Kluesner, Nagle, Nicholson,
2)That the property owner(s) will submit a
Robbins, Voetberg. Nays—Council Member
zoning reclassification request for thisKrieg.
property from the C-3 General Commercial
District, with conditions, to the C-2Proof of Publication certified to by the
Neighborhood Shopping Center District at
Publisher on Notice of Public Hearing to
the expense of the property owner(s) within
amend an existing PR Planned Residential
ten (10) days after the adoption of an
District at 3290 Hillcrest Road, presented and
amended C-2 District incorporating theread. Council Member Kluesner moved that
principal permitted use of "retailthe proof of publication be received and filed.
sales/service" by the City Council. Seconded by Council Member Voetberg.
B)Reclassification of the Subject
Carried by the following vote: Yeas—Mayor
Property
Duggan, Council Members Kluesner, Krieg,
The City of Dubuque, Iowa may initiate
Nagle, Nicholson, Voetberg. Nays—None.
zoning reclassification proceedings at theAn Ordinance Amending Zoning Ordinance
expense of the property owner(s) to the C-2for property located at 3290 Hillcrest Road to
Neighborhood Shopping Center District ifamend an existing PR Planned Residential
the property owner fails to complete any of
District for Hillcrest Apartments and adopting
the conditions or provisions of this
an amended Conceptual Development Plan,
Agreement, including, but not limited to,
said Ordinance having been presented and
the standards noted in Items 1 and 2 above.read at the Council Meeting of March 21st,
C)Modificationsnow presented for final action.
Any modifications of this Agreement must
be approved by the City Council of
ORDINANCE NO. 14-94
Dubuque, Iowa.
AN ORDINANCE OF THE CITY OF
D)Recording
DUBUQUE, IOWA PROVIDING THAT
A copy of this Agreement shall be recordedTHE CODE OF ORDINANCES, CITY
with the Dubuque County Recorder as aOF DUBUQUE, IOWA, BE AMENDED
permanent record of the conditionsBY REVISING APPENDIX A
accepted as part of this rezoning approval
THEREOF, ALSO KNOWN AS THE
within ten (10) days of the adoption of
ZONING ORDINANCE OF THE CITY
Ordinance No. 13-94.
OF DUBUQUE, IOWA, FOR
E)ConstructionPROPERTY LOCATED AT 3290
This Agreement shall be construed andHILLCREST ROAD TO AMEND AN
interpreted as though it were part ofEXISTING PR PLANNED
Appendix A of the Code of Ordinances of
RESIDENTIAL DISTRICT FOR
the City of Dubuque, also known as the
HILLCREST APARTMENTS AND
ADOPTING AN AMENDED
Regular Session, April 4, 199496
CONCEPTUAL DEVELOPMENTDevelopment of land in the PR Planned
PLAN.Residential District shall be regulated as
Whereas, Alan H. Israel, property owner,follows:
has filed an amended conceptual development1)All building structures and activities shall
plan for hereinafter described property inbe located in conformance with the attached
accordance with provisions of the PR Planningconceptual development plan and all final
Residential regulations as set forth in Sectionsite development plans are to be approved
3-5.5 of the Code of Ordinances, Appendix Ain accordance with provisions of the PR
thereof, of the City of Dubuque, Iowa; andPlanned Residential District regulations.
Whereas, the Zoning Commission has held2)All buildings and structures shall provide a
a public hearing on said zoning classificationfront yard setback, a side yard setback from
and conceptual development plan pursuant tothe adjoining properties, and a rear yard
required published notice; andsetback as per the conceptual development
Whereas, the Zoning Commission hasplan.
approved said zoning reclassification and3)A maximum building height of 40 feet shall
conceptual development plan subject tobe allowed as measured from the average
specific conditions and restrictions havinggrade elevation to the mid-point between
found that said Plan conforms with the reviewthe roof peak and eave.
standards applicable to such plans as set forth4)All other bulk regulations of the R-4 Multi-
in Section 3-5.5D of the Code of Ordinances,Family District shall be met for
Appendix A thereof, of the City of Dubuque,construction of all buildings and structures,
Iowa; andas established in Section 3-1.5 of the
Whereas, the Zoning CommissionZoning Ordinance of the City of Dubuque,
recommended the concurrence of the CityIowa.
Council in approval of said zoningC.Performance Standards.
reclassification and conceptual developmentThe development and maintenance of uses
plan; andin this PR Planned Residential District shall
Whereas, the City Council has received thebe established in conformance with the
recommendation of the Zoning Commissionfollowing standards of Section 3-1.6 of the
and conceptual development plan subject toPR Planned Residential District.
the same specific conditions and restrictions.1)An internal driveway system and required
NOW, THEREFORE, BE IT ORDAINEDparking spaces shall be hardsurfaced and
BY THE CITY COUNCIL OF THE CITY OFconstructed by the developer.
DUBUQUE, IOWA:2)Landscaping shall be provided in
Section 1. That in order to accomplish thecompliance with Section 4.4 of the Zoning
purpose of the PR Planned Residential DistrictOrdinance and as stipulated in the
of the Zoning Ordinance of the City ofconceptual development plan.
Dubuque, Iowa, the zoning reclassification3)Off-street parking spaces shall be provided
from Institutional District to PR Plannedfor the development as shown on the
Residential District and conceptualconceptual plan.
development plan, a copy of which is attached4)Internal sidewalks shall be provided, with
to and made a part hereof, is hereby adoptedconnection to the existing public sidewalk
and approved for the following describedsystem and the main campus area to the
property, to wit:north, as per the conceptual development
Lot 2 of the subdivision of Lot 1 of Lot 1 ofplan.
"Powers Place", in the City of Dubuque,5)An engineering study on the impact of the
Iowa.proposed building on the adjoining
Section 2. That in order to accomplish theretaining wall shall be submitted with the
purposes of the PR Planned Residentialfinal site plan.
District and of the Zoning Ordinance, the6)A final site development plan shall be
above described property is subject to thesubmitted in accordance with Section 4-4 of
following conditions and restrictions:the Zoning Ordinance of the City of
A.Use Regulations.Dubuque, Iowa prior to each construction
The following regulations shall apply to allphase as described on the attached
uses made of land in the above describedconceptual development plan.
PR Planned Residential District:D.Open Space and Recreational Areas
1)Principal permitted uses shall be limited toThose areas not designated on the
120 dwelling units in 9 buildings maximumconceptual development plan for
3 stories high (as per plan).development shall be maintained as open
2)No secondary or contingency uses shall bespace, as defined by Section 8 of the
permitted.Zoning Ordinance of the City of Dubuque,
3)Accessory uses shall include any useIowa, by the property owner and/or
customarily incidental and subordinate toassociation. Further, a new tot lot shall be
the principal use it serves.constructed north of the existing basketball
B.Lot and Bulk Regulations.court to replace the one lost due to
construction of the 12-unit apartment
building.
97Regular Session, April 4, 1994
E.Sign Regulations.AN ORDINANCE AMENDING
The sign regulations shall be the same asAPPENDIX A (THE ZONING
that which are allowed in R-4 Multi-FamilyORDINANCE) OF THE CODE OF
Residential District as established inORDINANCES OF THE CITY OF
Section 4-3.11 Schedule of SignDUBUQUE, IOWA BY ADOPTING A
Regulations of the Zoning Ordinance of theDEFINITION FOR "RETAIL
City of Dubuque, Iowa.SALES/SERVICE" IN SECTION 8,
F.Additional Standards.DEFINITIONS.
The conceptual development plan shall beNOW THEREFORE, BE IT ORDAINED
valid for a period of five (5) years providedBY THE CITY COUNCIL OF THE CITY OF
a final site development plan is submittedDUBUQUE, IOWA:
within three years from the date ofSection 1. That Appendix A (the Zoning
approval.Ordinance) of the Dubuque Code of
G.Transfer of OwnershipOrdinances is hereby amended by adopting a
Transfer of ownership or lease of propertydefinition in Section 8 thereof, as follows:
in this PR Planned Residential District shall"Retail sales/service: Establishments
include in the transfer or lease agreement aengaged in selling goods or merchandise to
provision that the purchaser or lesseethe general public for personal or household
acknowledges awareness of the conditionsconsumption and rendering services
authorizing the establishment of the district.incidental to the sale of such goods. Retail
Passed, approved and adopted this 4th daysales/service establishments shall not
of April, 1994.include eating and drinking places, vehicle
Terrance M. Duggan, Mayorsales/service, or wholesale, processing or
Attest:manufacturing operations with an accessory
Mary A. Davis, City Clerkretail outlet on the premises.
ACCEPTANCE OF ORDINANCE NO. 14-Section 2. That the foregoing amendment
94has heretofore been reviewed by the Zoning
I, Alan H. Israel, property owner, havingCommission of the City of Dubuque, Iowa.
read the terms and conditions of the foregoingSection 3. That the ordinance shall take
Ordinance No. 14-94 and being familiar witheffect upon publication, as provided by law.
the conditions thereof, hereby accept this samePassed, approved and adopted this 4th day
and agree to the conditions required therein.of April, 1994.
Dated in Dubuque, Iowa this 4th day ofTerrance M. Duggan, Mayor
April, 1994.Attest:
By /s/Alan H. IsraelMary A. Davis, City Clerk
Published officially in the TelegraphPublished officially in the Telegraph
Herald newspaper this 11th day of April,Herald newspaper this 11th day of April,
1994.1994.
1t 4/11Mary A. Davis CMC, City Clerk1t 4/11Mary A. Davis CMC, City Clerk
Council Member Kluesner moved finalCouncil Member Voetberg moved final
adoption of the Ordinance. Seconded byadoption of the Ordinance. Seconded by
Council Member Voetberg. Carried by theCouncil Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Councilfollowing vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,Members Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays—None. Voetberg. Nays—None.
Proof of Publication certified to by theProof of Publication certified to by the
Publisher on Notice of Public Hearing toPublisher on Notice of Public Hearing to
consider amendment to Zoning Ordinanceamend Code of Ordinances pertaining to Lot
regarding definition for "Retail Sales/Service inArea and Dimensions, presented and read.
Section 8, Definition", presented and read.There were no written objections received and
Council Member Voetberg moved that thefiled. Council Member Voetberg moved that
proof of publication be received and filed.the proof of publication be received and filed.
Seconded by Council Member Nicholson. Seconded by Council Member Nagle. Carried
Carried by the following vote: Yeas—Mayorby the following vote: Yeas—Mayor Duggan,
Duggan, Council Members Kluesner, Krieg,Council Members Kluesner, Krieg, Nagle,
Nagle, Nicholson, Voetberg. Nays—None. Nicholson, Voetberg. Nays—None.
An Ordinance Amending Zoning OrdinanceAn Ordinance Amending Code of
by adopting a definition for "RetailOrdinances by adopting in lieu thereof a new
Sales/Service" in Section 8, Definitions, saidSection 42-19(b) pertaining to Lot Area and
Ordinance having been presented and read atDimensions, said Ordinance having been
the Council Meeting of March 21, 1994 nowpresented and read at the Council Meeting of
presented for final action.March 21st, now presented for final action.
(OFFICIAL PUBLICATION)(OFFICIAL PUBLICATION)
ORDINANCE NO. 15-94ORDINANCE NO. 16-94
Regular Session, April 4, 199498
AN ORDINANCE AMENDING THEWhereas, the City of Dubuque, as owner of
CODE OF ORDINANCES OF THE CITYapproximately 2.7 acres of Northwest Arterial
OF DUBUQUE, IOWA, BY REPEALINGright-of-way lying immediately adjacent to the
SECTION 42-19(b) AND ADOPTING INCity of Dubuque, Iowa, has voluntarily
LIEU THEREOF A NEW SECTION 42-petitioned for annexation of said territory to
19(b) PERTAINING TO LOT AREA ANDthe City of Dubuque; and
DIMENSIONS.Whereas, Chapter 368 of the Code of Iowa
NOW THEREFORE, BE IT ORDAINEDauthorizes the extension of City limits in
BY THE CITY COUNCIL OF THE CITY OFsituations of this character by the adoption of
DUBUQUE, IOWA:a resolution; and
Section 1. That the Dubuque Code ofWhereas, the future growth and
Ordinances is hereby amended by repealingdevelopment of the City of Dubuque, Iowa,
Section 42-19(b) thereof, and adopting in lieumake it desirable that said territory be made
thereof a new Section 42-19(b), as follows:part of the City of Dubuque, Iowa.
"Section 42-19(b) Lot area andNOW THEREFORE, BE IT RESOLVED
dimensions. The minimum area andBY THE CITY COUNCIL OF THE CITY OF
dimensions for lots shall conform to theDUBUQUE, IOWA:
Section 1. That Resolution No. 67-94 is
applicable requirements of the area
hereby rescinded.
regulations of the zoning ordinance. All
Section 2. That the territorial limits of the
lots shall front on a public street or an
approved private street as permitted in theCity of Dubuque, Iowa, be and they re hereby
Zoning Ordinance. Lots with doubleextended to include the area comprising the
frontages shall not be permitted unless onefollowing described real estate to wit:
L1-L1-L1-E1/2-SE1/4 of the NE1/4-SE1/4-
frontage is an arterial street without access
SEC. 17-T89N-R2E and L2-L1-L1-L1-L1-
rights. Triangular lots shall be avoided
whenever possible."L2 of Theodore Konzen Place, Dubuque
Section 2. That the foregoing amendmentTownship, Dubuque County, Iowa.
has heretofore been reviewed by the ZoningSection 3. That the territory hereby
Commission of the City of Dubuque, Iowa.annexed shall become a part of the Second
Ward, Seventh and Eleventh Precincts of the
Section 3. That this ordinance shall take
City of Dubuque, Iowa.
effect immediately upon publication, as
provided by law.Section 4. That the City Clerk be and she
Passed, approved and adopted this 4th dayis hereby authorized and directed to submit a
of April, 1994.certified copy of this resolution along with the
attached maps and other necessary documents
Terrance M. Duggan, Mayor
to the City Development Board in accordance
Attest:
with provisions of Chapter 368 of the Code of
Mary A. Davis, City Clerk
Council Member Voetberg moved finalIowa.
adoption of the Ordinance. Seconded byPassed, approved and adopted this 4th day
Council Member Nagle. Carried by theof April, 1994.
Terrance M. Duggan, Mayor
following vote: Yeas—Mayor Duggan, Council
Attest:
Members Kluesner, Krieg, Nagle, Nicholson,
Mary A. Davis, City Clerk
Voetberg. Nays—None.
Council Member Nagle moved adoption of
Proof of Publication certified to by thethe Resolution. Seconded by Council Member
Publisher on Notice of Public HearingNicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
regarding voluntary annexation of city-owned
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
property, presented and read. There were no
Nays—None.
objections received and no oral objectors
present at the time of the Hearing. Council
Member Nagle moved that the proof of
publication be received and filed. Seconded
by Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays—None.
RESOLUTION NO. 111-94
A RESOLUTION RESCINDING
RESOLUTION NO. 67-94 AND
ANNEXING L1-L1-L1-E1/2-SE1/4 OF
THE NE1/4-SE1/4-SEC. 17-T89N-R2E
AND L2-L1-L1-L1-L1-L2 OF THEODORE
KONZEN PLACE, DUBUQUE
TOWNSHIP, DUBUQUE COUNTY,
IOWA
99Regular Session, April 4, 1994
BOARDS & COMMISSIONS:and read. Council Member Kluesner moved
CIVIL SERVICE COMMISSION:that the communication be received and filed.
One six year term which expires 3-31- Seconded by Council Member Robbins.
2000. Applicants: Frank Belcastro, John E.Carried by the following vote: Yeas—Mayor
Hess, John Markham, Gerald Udelhofen. Duggan, Council Members Kluesner, Krieg,
Mayor Duggan appointed John Markham.Nagle, Nicholson, Voetberg. Nays—None.
Council Member Nagle moved that they
approve the Mayor's choice of Mr. Markham.RESOLUTION NO. 112-94
Seconded by Council Member Nicholson.AUTHORIZING THE CITY MANAGER
Carried by the following vote: Yeas—MayorTO EXECUTE A CONTRACT WITH
Duggan, Council Members Kluesner, Krieg,STRAND ASSOCIATES, INC. FOR THE
Nagle, Nicholson, Voetberg. Nays—None. PURPOSE OF PROVIDING
Therefore John Markham appointed to theENGINEERING DESIGN SERVICES FOR
Civil Service Commission for a six year termTHE PHASE III IMPROVEMENTS AT
which will expire March 21, 2000.THE WATER POLLUTION CONTROL
PLANT
ZONING BOARD OF ADJUSTMENT:Whereas, a Phase III improvement has been
One five year term which will expire 3-25-budgeted at the Dubuque Water Pollution
99. Applicants: Jim Corbett and James J.Control Plant; and
Weber. Vote on the appointment was asWhereas, Strand Associates, Inc., has
follows: Mayor Duggan voted for Weber;submitted to the City an agreement to conduct
Council Member Kluesner voted for Weber;design of this improvement for an amount not
Council Member Krieg voted for Weber;to exceed $110,000; and
Council Member Nagle voted for Weber;Whereas, funds have been legally
Council Member Nicholson voted for Weber;appropriated for this expenditure.
Council Member Robbins voted for Weber;NOW, THEREFORE, BE IT RESOLVED
Council Member Voetberg voted for Weber.BY THE CITY COUNCIL OF THE CITY OF
Therefore, James J. Weber appointed to theDUBUQUE, IOWA:
Zoning Board of Adjustment for a five yearSection 1. That the City Manager be
term which will expire 3-25-99.authorized to execute the agreement for
engineering services with Strand Associates,
Communication of City ManagerInc. dated March 30, 1994, for the Phase III
recommending appointment to ECIA Council,Improvement project at the Dubuque Water
presented and read. Council Member NaglePollution Control Plant.
moved that the communication be received andPassed, approved and adopted this 4th day
filed and that the City Manager's appointmentof April, 1994.
be approved to the ECIA Council. SecondedTerrance M. Duggan
by Council Member Nicholson. Carried by theMayor
following vote: Yeas—Mayor Duggan, CouncilAttest:
Members Kluesner, Krieg, Nagle, Nicholson,Mary A. Davis, City Clerk
Voetberg. Nays—None. Council Member Kluesner moved adoption
of the Resolution. Seconded by Council
Petition of Karen O'Rourke requesting toMember Robbins. Carried by the following
address the Council regarding Jobvote: Yeas—Mayor Duggan, Council Members
Creation/CDBG Funds, said petition removedKluesner, Krieg, Nagle, Nicholson, Voetberg.
per request of petitioner. Nays—None.
Communication of City Manager
responding to concerns of Robert HoughCommunication of City Manager
regarding sewer connection fees, presentedsubmitting Street Construction Program for the
and read. Council Member Kluesner movednext 5 year period and a Resolution Approving
that the communication be received and filed.tentative 5 years Street Construction Program,
Seconded by Council Member Nicholson.presented and read. Council Member
Carried by the following vote: Yeas—CouncilVoetberg moved that the matter be tabled to
Members Kluesner, Krieg, Nicholson,the Council Meeting of 4-18-94. Seconded by
Robbins, Voetberg. Nays—Mayor Duggan,Council Member Nagle. Carried by the
Council Member Nagle.following vote: Yeas—Mayor Duggan, Council
Mr. Hough of 2634 University and hisMembers Kluesner, Krieg, Nagle, Nicholson,
attorney, Joseph Bitter, spoke requesting thatVoetberg. Nays—None.
connection fees be eliminated in this matter.
Communication of City Manager
Council recessed at 9:24 p.m.; Councilrecommending approval of a grant application
reconvened at 9:40 p.m.for funding of equipment and supplies for the
D.A.R.E. Program through a grant, presented
Communication of City Managerand read. Council Member Voetberg moved
recommending to contract with Strandthat the communication be received and filed
Associates for engineering design services forand that the application be approved.
Phase III Improvements at WPCP, presentedSeconded by Council Member Nagle. Carried
Regular Session, April 4, 1994100
by the following vote: Yeas—Mayor Duggan,by the holder's permit the permit holder shall
Council Members Kluesner, Krieg, Nagle,comply with the parking meter requirements of
Nicholson, Voetberg. Nays—None. Section 32-335 of this Code.
Section 3. This ordinance shall take effect
Communication of City Manager requestingimmediately upon publication."
authorization to execute an agreement with thePassed, approved and adopted this 4th day
Iowa Underground Storage Tank Program,of April, 1994.
presented and read. Council Member NagleTerrance M. Duggan
moved that the communication be received andMayor
filed and approved City Manager to execute.Attest:
Seconded by Council Member Robbins. Mary A. Davis
Carried by the following vote: Yeas—MayorCity Clerk
Duggan, Council Members Kluesner, Krieg,
Published officially in the Telegraph
Nagle, Nicholson, Voetberg. Nays—None.
Herald newspaper this 11th day of April,
1994.
Communication of City ManagerMary A. Davis CMC
recommending fee increase for Farmers'1t 4/11City Clerk
Market activities, presented and read. Council
Council Member Voetberg moved that this
Member Voetberg moved that the
be considered the first reading of the
communication be received and filed.
Ordinance, and that the requirement that a
Seconded by Council Member Nagle. Carriedproposed Ordinance be considered and voted
by the following vote: Yeas—Mayor Duggan,on for passage at two Council meetings prior
Council Members Kluesner, Krieg, Nagle,to the meeting at which it is to be finally
Nicholson, Voetberg. Nays—None.
adopted be suspended and further moved final
An Ordinance Amending the Code of
adoption of the Ordinance. Seconded by
Ordinances by adopting a new Section 31-23Council Member Nagle. Carried by the
in lieu thereof providing for Farmers' Marketfollowing vote: Yeas—Mayor Duggan, Council
Stalls fees, presented and read.Members Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays—None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 17-94
RESOLUTION NO. 113-94
AN ORDINANCE AMENDING THE CITYWhereas, applications for Beer Permits
OF DUBUQUE CODE OF ORDINANCEShave been submitted and filed to this Council
BY REPEALING SECTION 31-23,for approval and the same have been examined
RELATING TO THE CENTRAL
and approved; and
MARKET, THE FEES FOR PERMITS,
Whereas, the premises to be occupied by
AND ADOPTING IN LIEU THEREOF A
such applicants were inspected and found to
NEW SECTION 31-23 PROVIDING FORcomply with the Ordinances of this City and
FARMERS MARKET STALLS AND FEEShave filed proper bonds.
FOR PERMITSNOW, THEREFORE, BE IT RESOLVED
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
DUBUQUE, IOWA:
That the Manager be authorized to cause to
Section 1. Section 31-23 of the City ofbe issued the following named applicants a
Dubuque Code of Ordinances is herebyBeer Permit.
repealed.CLASS "B" BEER PERMIT
Section 2. The following new Section is
S & D Concessions, Inc.
hereby adopted.
S & D Concessions, Inc.
"Sec. 31-23. Establishment of market
1 Admiral Sheehy Dr
stalls; issuance of permits.CLASS "C" BEER PERMIT
(a) The City Manager is authorized toC.K. of Dubuque, Inc.Country Kitchen
establish spaces for stalls in the Central3187 University Ave
Market as may be necessary and to issue
Wareco System of IowaWareco 662
permits for the use of such stalls. The fees for
700 Rhomberg
such permits shall be as follows:
CLASS "BE" BEER PERMIT
For the period beginning the first SaturdayB & M Convenient Mart. Inc.
in May through the last Saturday inOky Doky # 7
October:3301 Pennsylvania
Saturday use only$80.00
Passed, approved and adopted this 4th day
Daily use$95.00
of April, 1994.
Annual Permit:
Terrance M Duggan
Saturday use only$95.00Mayor
Daily use$110.00Attest:
There shall be no proration of permit feesMary A. Davis CMC
for any other time period.
City Clerk
(b) When a permit holder uses a metered
Council Member Kluesner moved adoption
parking space on days other than authorized
of the Resolution. Seconded by Council
101Regular Session, April 4, 1994
Member Nagle. Carried by the following vote:Communication of Zoning Commission
Yeas—Mayor Duggan, Council Membersadvising of their approval to reclassify
Kluesner, Krieg, Nagle, Nicholson, Voetberg.property at 305 W. 16th Street from OS to R-4
Nays—None. District, presented and read. Council Member
Voetberg moved that the communication be
RESOLUTION NO. 114-94received and filed. Seconded by Council
Whereas, applications for Liquor LicensesMember Kluesner. Carried by the following
have been submitted to this Council forvote: Yeas—Mayor Duggan, Council Members
approval and the same have been examinedKluesner, Krieg, Nagle, Nicholson, Voetberg.
and approved; andNays—None.
Whereas, the premises to be occupied byAn Ordinance Amending Zoning Ordinance
such applicants were inspected and found toby reclassifying property located at 305 W.
comply with the State Law and all City16th Street from OS Office Service District to
Ordinances relevant thereto and they have filedR-4 Multi-Family Residential District, With
proper bonds.Conditions, presented and read. Council
NOW, THEREFORE, BE IT RESOLVEDMember Voetberg moved to deny the
BY THE CITY COUNCIL OF THE CITY OFOrdinance. Seconded by Council Member
DUBUQUE, IOWA:Kluesner. Carried by the following vote:
That the Manager be authorized to cause toYeas—Mayor Duggan, Council Members
be issued the following named applicantsKluesner, Krieg, Nagle, Nicholson, Voetberg.
a Liquor License. Nays—None.
CLASS "A" (CLUB) BEER AND LIQUORCommunication of Thomas A. Luksetich,
LICENSEon behalf of Joe Healey petitioner, requesting
Loyal Order of the Mooseto cancel the rezoning for this property,
Moose Lodge # 355presented and read. Council Member
1166 Main Voetberg moved that the communication be
CLASS "C" (COMMERCIAL) BEER ANDreceived and filed. Seconded by Council
LIQUOR LICENSEMember Kluesner. Carried by the following
Judith A. BotsfordBotsy'svote: Yeas—Mayor Duggan, Council Members
1027 RhombergKluesner, Krieg, Nagle, Nicholson, Voetberg.
ARA Leisure Services, Inc.Nays—None.
Dubuque Greyhound Park
Schmidt IslandCommunication of Zoning Commission
Perron EnterprisesFat Tuesdaysadvising of their approval for 2 parcels of
1121 Universityproperty for University of Dubuque, presented
Jeannine A. KerschIdle Hour,Theand read. Council Member Voetberg moved
1555 Centralthat the communication be received and filed.
Knights of Columbus Council #510 Seconded by Council Member Kluesner.
Knights of ColumbusCarried by the following vote: Yeas—Mayor
781 Locust StDuggan, Council Members Kluesner, Krieg,
ARASERVE, Inc.Loras College Campus CtNagle, Nicholson, Voetberg. Nays—None.
1450 Alta Vista DRAn Ordinance Amending Zoning Ordinance
Laura A. MurphyMurph's Southendto approve an amended Conceptual
55 South LocustDevelopment Plan for the ID Institutional
John Noonan EstateNoonan's TapDistrict for University of Dubuque, presented
1618 Centraland read. Council Member Voetberg moved
Mary Lou Kamp, Executorthat a Public Hearing be held on the proposed
Two Twenty Five Ltd.Ordinance on the 20th day of June, 1994 at
Two Twenty Five on7:30 o'clock p.m. at the Public Library
225 West SixthAuditorium and that the City Clerk be directed
Barbara HawbakerNeighbor'sto publish notice of the Public Hearing in the
1899 Rockdale Rdmanner prescribed by law. Seconded by
Passed, approved and adopted this 4th dayCouncil Member Kluesner. Carried by the
of April, 1994.following vote: Yeas—Mayor Duggan, Council
Terrance M. DugganMembers Kluesner, Krieg, Nagle, Nicholson,
MayorVoetberg. Nays—None.
Attest:An Ordinance Amending Zoning Ordinance
Mary A. Davis CMCby reclassifying property located on Collins
City ClerkStreet North of Dodge Street from ID
Council Member Kluesner moved adoptionInstitutional District to PR Planned Residential
of the Resolution. Seconded by CouncilDistrict and adopting a Conceptual
Member Nagle. Carried by the following vote:Development Plan, presented and read.
Yeas—Mayor Duggan, Council MembersCouncil Member Voetberg moved that a Public
Kluesner, Krieg, Nagle, Nicholson, Voetberg.Hearing be held on the proposed Ordinance on
Nays—None. the 20th day of June, 1994 at 7:30 o'clock p.m.
at the Public Library Auditorium and that the
City Clerk be directed to publish notice of the
Regular Session, April 4, 1994102
Public Hearing in the manner prescribed byPassed, adopted and approved this 4th day
law. Seconded by Council Member Kluesner.of April, 1994.
Carried by the following vote: Yeas—MayorTerrance M. Duggan
Duggan, Council Members Kluesner, Krieg,Mayor
Nagle, Nicholson, Voetberg. Nays—None. Attest:
Communication of Wayne A. Norman, Jr.,Mary A. Davis
on behalf of University of Dubuque and theCity Clerk
Dial Companies, requesting these applicationsCouncil Member Krieg moved adoption of
be placed on hold, presented and read.the Resolution. Seconded by Council Member
Council Member Voetberg moved that theVoetberg. Carried by the following vote:
communication be received and filed.Yeas—Mayor Duggan, Council Members
Seconded by Council Member Kluesner.Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Carried by the following vote: Yeas—MayorNays—None.
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays—None. RESOLUTION NO. 116-94
FIXING DATE OF HEARING ON
Communication of Zoning CommissionPLANS AND SPECIFICATIONS
advising of their denial to rezone property fromWhereas, the City Council of the City of
R-1 and ID to PUD as requested by UniversityDubuque, Iowa has given its preliminary
of Dubuque, presented and read. Councilapproval on the proposed plans, specifications,
Member Voetberg moved that theform of contract and placed same on file in the
communication be received and filed. office of the City Clerk for public inspection of
Seconded by Council Member Krieg. Carriedthe Energy Efficient Revamping of City Hall
by the following vote: Yeas—Mayor Duggan,Lighting.
Council Members Kluesner, Krieg, Nagle,NOW THEREFORE, BE IT RESOLVED
Nicholson, Voetberg. Nays—None. BY THE CITY COUNCIL OF THE CITY OF
An Ordinance Amending Zoning OrdinanceDUBUQUE, IOWA:
by reclassifying property located North ofThat on the 2nd day of May, 1994, a public
Dodge Street between Devon Drive and Collinshearing will be held at 7:30 p.m. in the Public
Street from R-1 Single-Family ResidentialLibrary Auditorium at which time interested
District and ID Institutional District to PUDperson may appear and be heard for or against
Planned Unit Development District with athe proposed plans, specifications, form of
Planned Commercial District Designation andcontract and cost of said improvement, and the
adopting a Conceptual Development Plan, withCity Clerk be and is hereby directed to cause a
Conditions, presented and read. Councilnotice of time and place of such hearing to be
Member Voetberg moved to concur with thepublished in a newspaper having general
denial for this Ordinance. Seconded bycirculation in the City of Dubuque, Iowa,
Council Member Krieg. Carried by thewhich notice shall not be less than four days
following vote: Yeas—Mayor Duggan, Councilnor more than twenty days prior to the day
Members Kluesner, Krieg, Nagle, Nicholson,fixed for its consideration. At the hearing, any
Voetberg. Nays—None. interested person may appear and file
objections to the proposed plans,
Communication of City Managerspecifications, form of contract or the
submitting documents providing for Energyestimated cost of the improvement.
Efficient Revamping of City Hall Lighting,Passed, adopted and approved this 4th day
presented and read. Council Memberof April, 1994.
Voetberg moved that the communication beTerrance M. Duggan
received and filed. Seconded by CouncilMayor
Member Voetberg. Carried by the followingAttest:
vote: Yeas—Mayor Duggan, Council MembersMary A. Davis
Kluesner, Krieg, Nagle, Nicholson, Voetberg.City Clerk
Nays—None. Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
RESOLUTION NO. 115-94Voetberg. Carried by the following vote:
PRELIMINARY APPROVAL OFYeas—Mayor Duggan, Council Members
PLANS AND SPECIFICATIONSKluesner, Krieg, Nagle, Nicholson, Voetberg.
NOW THEREFORE, BE IT RESOLVEDNays—None.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:RESOLUTION NO. 117-94
That the proposed plans, specifications,ORDERING BIDS
form of contract and estimated cost for theNOW THEREFORE, BE IT RESOLVED
Energy Efficient Revamping of City HallBY THE COUNCIL OF THE CITY OF
Lighting, in the estimated amount ofDUBUQUE, IOWA:
$30,000.00, are hereby approved and orderedThat the Energy Efficient Revamping of
filed in the office of the City Clerk for publicCity Hall Lighting is hereby ordered to be
inspection.advertised for bids for construction.
103Regular Session, April 4, 1994
BE IT FURTHER RESOLVED, that theRobbins. Carried by the following vote:
amount of the security to accompany each bidYeas—Mayor Duggan, Council Members
shall be in an amount which shall conform toKluesner, Krieg, Nagle, Nicholson, Voetberg.
the provisions of the notice to bidders herebyNays—None.
approved as a part of the plans, specifications
heretofore adopted.RESOLUTION NO. 119-94
That the City Clerk is hereby directed toFIXING DATE OF HEARING ON
advertise for bids for the construction of thePLANS AND SPECIFICATIONS
improvements herein provided, to be publishedWhereas, the City Council of the City of
in a newspaper having general circulation inDubuque, Iowa has given its preliminary
the City of Dubuque, Iowa, which notice shallapproval on the proposed plans, specifications,
not be less than four days nor more thanand form of contract and placed same on file in
twenty days prior to the receipt of said bids atthe office of the City Clerk for public
2:00 p.m. on the 20th day of April, 1994.inspection of the Kerper Boulevard Sanitary
Bids shall be opened and read by the CitySewer Reconstruction.
Clerk at said time and will be submitted to theNOW THEREFORE, BE IT RESOLVED
council for final action at 7:30 p.m. on the 2ndBY THE CITY COUNCIL OF THE CITY OF
day of May, 1994.DUBUQUE, IOWA:
Passed, adopted and approved this 4th dayThat on the 2nd day of May, 1994, a public
of April, 1994.hearing will be held at 7:30 p.m. in the Public
Terrance M. DugganLibrary Auditorium at which time interested
Mayorpersons may appear and be heard for or
Attest:against the proposed plans and specifications,
Mary A. Davisform of contract and cost of said improvement,
City Clerkand the City Clerk be and is hereby directed to
cause a notice of time and place of such
Council Member Krieg moved adoption ofhearing to be published in a newspaper having
the Resolution. Seconded by Council Membergeneral circulation in the City of Dubuque,
Voetberg. Carried by the following vote:Iowa, which notice shall be not less than four
Yeas—Mayor Duggan, Council Membersdays nor more than twenty days prior to the
Kluesner, Krieg, Nagle, Nicholson, Voetberg.day fixed for its consideration. At the hearing,
Nays—None. any interested person may appear and file
objections to the proposed plans,
Communication of City Managerspecifications, contract, or estimated cost of
submitting documents providing for thethe improvement.
construction of Kerper Boulevard SanitaryPassed, adopted and approved this 4th day
Sewer, presented and read. Council Memberof April, 1994.
Nagle moved that the communication beTerrance M. Duggan
received and filed. Seconded by CouncilMayor
Member Robbins. Carried by the followingAttest:
vote: Yeas—Mayor Duggan, Council MembersMary A. Davis
Kluesner, Krieg, Nagle, Nicholson, Voetberg.City Clerk
Nays—None. Council Member Nagle moved adoption of
the Resolution. Seconded by Council Member
RESOLUTION NO. 118-94Robbins. Carried by the following vote:
PRELIMINARY APPROVAL OFYeas—Mayor Duggan, Council Members
PLANS AND SPECIFICATIONSKluesner, Krieg, Nagle, Nicholson, Voetberg.
NOW THEREFORE, BE IT RESOLVEDNays—None.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:RESOLUTION NO. 120-94
ORDERING BIDS
That the proposed plans, specifications,NOW THEREFORE, BE IT RESOLVED
form of contract and estimated cost for theBY THE COUNCIL OF THE CITY OF
Kerper Boulevard Sanitary SewerDUBUQUE, IOWA:
Reconstruction, in the estimated amount ofThat the Kerper Boulevard Sanitary Sewer
$104,188.56, are hereby approved and orderedReconstruction is hereby ordered to be
filed in the office of the City Clerk for publicadvertised for bids for construction.
inspection.BE IT FURTHER RESOLVED, that the
Passed, adopted and approved this 4th dayamount of the security to accompany each bid
of April, 1994.shall be in an amount which shall conform to
Terrance M. Dugganthe provisions of the notice to bidders hereby
Mayorapproved as a part of the plans and
Attest:specifications heretofore adopted.
Mary A. DavisThat the City Clerk is hereby directed to
City Clerkadvertise for bids for the construction of the
Council Member Nagle moved adoption ofimprovements herein provided, to be published
the Resolution. Seconded by Council Memberin a newspaper having general circulation in
Regular Session, April 4, 1994104
the City of Dubuque, Iowa, which notice shallSection 3. That the City Clerk be and is
not be less than four days nor more thanhereby authorized and directed to file said plat
twenty days prior to the receipt of said bids atand certified copy of this resolution in the
2:00 p.m. on the 20th day of April, 1994.office of the Recorder, in and for Dubuque
Bids shall be opened and read by the CityCounty, Iowa.
Clerk at said time and will be submitted to thePassed, approved and adopted this 4th day
Council for final action at 7:30 p.m. on the 2ndof April, 1994.
day of May, 1994.Terrance M. Duggan
Passed, adopted and approved this 4th dayMayor
of April, 1994.Attest:
Terrance M. DugganMary A. Davis
MayorCity Clerk
Attest:Council Member Voetberg moved adoption
Mary A. Davisof the Resolution. Seconded by Council
City ClerkMember Nagle. Carried by the following vote:
Council Member Nagle moved adoption ofYeas—Mayor Duggan, Council Members
the Resolution. Seconded by Council MemberKluesner, Krieg, Nagle, Nicholson, Voetberg.
Robbins. Carried by the following vote:Nays—None.
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.An Ordinance Vacating alley located
Nays—None. between Jackson & Washington Street from
8th to 9th Streets, presented and read. Council
Communication of City ManagerMember Voetberg moved that this be
recommending to vacate an alley locatedconsidered the first reading of the Ordinance,
between Jackson and Washington Street fromand that the requirement that a proposed
8th to 9th Streets, presented and read. CouncilOrdinance be considered and voted on for
Member Voetberg moved that thepassage at two Council meetings prior to the
communication be received and filed. meeting at which it is to be finally adopted be
Seconded by Council Member Nagle. Carriedsuspended and further moved that a Public
by the following vote: Yeas—Mayor Duggan,Hearing be held on the Ordinance at the
Council Members Kluesner, Krieg, Nagle,Council Meeting of 4-18-94 at 7:30 p.m. in the
Nicholson, Voetberg. Nays—None.Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed
RESOLUTION NO. 121-94by law. Seconded by Council Member Nagle.
RESOLUTION APPROVING PLAT OFCarried by the following vote: Yeas—Mayor
PROPOSED VACATED ALLEYDuggan, Council Members Kluesner, Krieg,
BETWEEN JACKSON ANDNagle, Nicholson, Voetberg. Nays—None.
WASHINGTON FROM 8TH STREET TO
9TH STREETRESOLUTION NO. 122-94
Whereas, there has been presented to theRESOLUTION DISPOSING OF CITY
City Council of the City of Dubuque, Iowa, aINTEREST IN CITY LOT 417A, CITY
plat dated February 23, 1994, prepared by IIWLOT 416A, AND CITY LOT 415A IN THE
Engineers & Surveyors, P.C. of Dubuque,CITY OF DUBUQUE, IOWA
Iowa, describing the proposed vacated alleyWhereas, Kretschmer-Treadway Company,
between Jackson and Washington from 8thInc. has requested the vacating of an alley
Street to 9th Street; andbetween Jackson and Washington from 8th
Whereas, said plat conforms to the lawsStreet to 9th Street; and
and statutes pertaining thereto.Whereas, IIW Engineers & Surveyors, P.C.
NOW, THEREFORE, BE IT RESOLVEDof Dubuque, Iowa has prepared and submitted
BY THE CITY COUNCIL OF THE CITY OFto the City Council a plat showing the vacated
DUBUQUE, IOWA:alley and assigned lot numbers thereto, which
Section 1. That the plat dated February 23,hereinafter shall be known and described as
1994 prepared by IIW Engineers & Surveyors,City Lot 417A, City Lot 416A, and City Lot
P.C., relative to the real estate hereinabove415A in the City of Dubuque, Iowa; and
described be and the same is hereby approvedWhereas, the City Council of the City of
and the Mayor and City Clerk be and they areDubuque, Iowa has determined that this alley
hereby authorized and directed to execute saidis no longer required for public use, except for
plat for and on behalf of the City of Dubuque,easements for public utilities, and vacating and
Iowa.sale of said alley known as City Lot 417A,
Section 2. The City reserves unto itself aCity Lot 416A, and City Lot 415A in the City
perpetual easement including the right ofof Dubuque, Dubuque County, Iowa should be
ingress and egress thereto, for the purpose ofapproved.
erecting, installing, constructing,NOW, THEREFORE, BE IT RESOLVED
reconstructing, repairing, owning, operating,BY THE CITY COUNCIL OF THE CITY OF
and maintaining water, sewer, drainage, gasDUBUQUE, IOWA:
telephone, t.v. cable and electric lines as maySection 1. That the City of Dubuque
be authorized by the City of Dubuque, Iowa.intends to dispose of its interest in City Lot
105Regular Session, April 4, 1994
417A, City Lot 416A, and City Lot 415A inKluesner, Krieg, Nagle, Nicholson, Voetberg.
the City of Dubuque, Iowa.Nays—None.
Section 2. That the conveyance of City Lot
417A in the City of Dubuque, Iowa toMINUTES SUBMITTED -- Civil Service
Kretschmer-Treadway Company, Inc. beCommission of 3-2; Environmental
contingent upon the payment of $2,939.00,Stewardship Commission of 3-1; Five Flags
plus publication and filing fees, that theCommission of 3-21; Housing Commission of
conveyance of City Lot 416A in the City of3-8; Long Range Planning Commission of 3-
Dubuque, Iowa to Jeld-Wen, Inc. be contingent16; Park & Recreation Commission of 3-8;
upon payment of $1,909.00, and thePark & Recreation Commission (Roosevelt
conveyance of City Lot 415A in the City ofPark Study Committee) of 3-14; Transit
Dubuque, Iowa to Spahn & Rose LumberTrustee Board of 3-10; Zoning Commission of
Company be contingent upon payment of3-9, presented and read. Council Member
$259.00.Voetberg moved that the communication be
Section 3. The City reserves unto itself areceived and filed. Seconded by Council
perpetual easement including the right ofMember Nagle. Carried by the following vote:
ingress and egress thereto, for the purpose ofYeas—Mayor Duggan, Council Members
erecting, installing, constructing,Kluesner, Krieg, Nagle, Nicholson, Voetberg.
reconstructing, repairing, owning, operating,Nays—None.
and maintaining water, sewer, drainage, gas
telephone, t.v. cable and electric lines as mayNOTICES OF CLAIMS/SUITS -- Tommy
be authorized by the City of Dubuque, Iowa.Boots in unknown amount for personal
Section 4. That the City Clerk be and isinjuries; John Brennan in amount of $45.00 for
hereby authorized and directed to cause noticebackup sewer damages;Andy & Terri Dolter in
of intent to dispose of said real estate to beamount of $300.00 for property damages;
published in the manner as prescribed by law.Michael A. Nebel in amount of $889.00 for
Passed, approved and adopted this 4th dayproperty damages; Melanie Olson in amount of
of April, 1994.$1,450.00 for disposal of auto; West Bend
Terrance M. DugganMutual submitting subrogation claim for
MayorMarlene Schueller for personal injuries,
Attest:presented and read. Council Member
Mary A. DavisVoetberg moved that the claims be referred to
City Clerkthe Legal Staff for investigation and report.
Council Member Voetberg moved adoptionSeconded by Council Member Nagle. Carried
of the Resolution. Seconded by Councilby the following vote: Yeas—Mayor Duggan,
Member Nagle. Carried by the following vote:Council Members Kluesner, Krieg, Nagle,
Yeas—Mayor Duggan, Council MembersNicholson, Voetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays—None. Communication of Corporation Counsel
recommending settlement of vehicle damage
Communication of City Manager requestingclaim of The Bike Shack in the amount of
to set a public hearing on April 18, 1994 on$102.20, presented and read. Council
the proposal on the 5 year lease agreementMember Voetberg moved that the
between Slattery Center with Dubuquecommunication be received and filed and
Montessori School, presented and read.settlement approved and Finance Director
Council Member Voetberg moved that thedirected to issue check. Seconded by Council
communication be received and filed and setMember Nagle. Carried by the following vote:
Hearing for 4-18-94 at 7:30 p.m. in the PublicYeas—Mayor Duggan, Council Members
Library Auditorium and that the City ClerkKluesner, Krieg, Nagle, Nicholson, Voetberg.
publish notice in the manner prescribed byNays—None.
law. Seconded by Council Member Nagle.
Carried by the following vote: Yeas—MayorElizabeth Mihalakis submitting her
Duggan, Council Members Kluesner, Krieg,resignation from Community Development
Nagle, Nicholson, Voetberg. Nays—None. Commission, Census Tract #5, effective May
31, 1994, presented and read. Council
Communication of City Manager requestingMember Kluesner moved that the
a public hearing be held on May 2, 1994 tocommunication be received and filed and
amend the Downtown Urban Renewal Plan forresignation accepted with regret. Seconded by
the Downtown Area, presented and read.Council Member Nicholson. Carried by the
Council Member Voetberg moved that thefollowing vote: Yeas—Mayor Duggan, Council
communication be received and filed andMembers Kluesner, Krieg, Nagle, Nicholson,
approved public hearing for May 2, 1994 atVoetberg. Nays—None.
7:30 p.m. in the Public Library Auditorium
and that the City Clerk publish notice asDubuque Jaycees, KDTH & KATFM Radio
prescribed by law. Seconded by Councilrequesting to conduct fireworks display on
Member Nagle. Carried by the following vote:Sunday, July 3, 1994 from 9:00 p.m to 10:30
Yeas—Mayor Duggan, Council Membersp.m. on Volunteer Road between Hawthorne
Regular Session, April 4, 1994106
and Lime Sts., presented and read. CouncilKluesner, Krieg, Nagle, Nicholson, Voetberg.
Member Voetberg moved that the request beNays—None.
referred to the City Manager. Seconded by
Council Member Nagle. Carried by theCommunication of City Manager requesting
following vote: Yeas—Mayor Duggan, Councilapproval of participation by the Police
Members Kluesner, Krieg, Nagle, Nicholson,Department in a Dubuque Drug Task Force
Voetberg. Nays—None. Grant, presented and read. Council Member
Voetberg moved that the communication be
Kathryn Kolarich advising areceived and filed and approved participation.
correspondence submitted to Council Seconded by Council Member Nagle. Carried
regarding the condition of West 5th Street wasby the following vote: Yeas—Mayor Duggan,
not mailed by her, presented and read.Council Members Kluesner, Krieg, Nagle,
Council Member Voetberg moved that theNicholson, Voetberg. Nays—None.
communication be received and filed.
Seconded by Council Member Nagle. CarriedCommunication of City Manager
by the following vote: Yeas—Mayor Duggan,recommending approval of plat for Sunset
Council Members Kluesner, Krieg, Nagle,Park 8th Addition, presented and read.
Nicholson, Voetberg. Nays—None. Council Member Voetberg moved that the
communication be received and filed.
Communication of Dubuque County BoardSeconded by Council Member Nagle. Carried
of Supervisors requesting execution of 2ndby the following vote: Yeas—Mayor Duggan,
amendment to the Couler Valley UrbanCouncil Members Kluesner, Krieg, Nagle,
Drainage District Agreement, presented andNicholson, Voetberg. Nays—None.
read. Council Member Voetberg moved that
the communication be received and filed. RESOLUTION NO. 124-94
Seconded by Council Member Nagle. CarriedA RESOLUTION APPROVING THE
by the following vote: Yeas—Mayor Duggan,FINAL PLAT OF LOTS 21, 22, 23 AND
Council Members Kluesner, Krieg, Nagle,LOT D OF SUNSET PARK, 8TH
Nicholson, Voetberg. Nays—None.ADDITION, IN THE CITY OF
DUBUQUE, IOWA.
RESOLUTION NO. 123-Whereas, there has been filed with the City
94RESOLUTION APPROVING THEClerk a final plat Lots 21, 22, 23 and Lot D of
SECOND AMENDMENT TO THESunset Park, 8th Addition, in the City of
AGREEMENT BETWEEN THE CITY OFDubuque, Iowa; and
DUBUQUE AND DUBUQUE COUNTY,Whereas, upon said final plat appear street
IOWA, ESTABLISHING THE COULERto be known as Welu Drive, together with
VALLEY URBAN DRAINAGE DISTRICT.certain public utility and sanitary and storm
Whereas, on September 7, 1993, pursuantsewer easements which the Owners by said
to Iowa Code Section 468.585(2) and Iowafinal plat have dedicated to the public forever;
Code Chapter 28E, the City of Dubuque andand
Dubuque County, Iowa, entered into anWhereas, said final plat has been examined
agreement for the establishment of the Coulerby the Zoning Commission and had its
Valley Urban Drainage District; andapproval endorsed thereon subject the
Whereas, the parties agree that the 28Eowner(s) agreeing to the conditions noted in
Agreement should be amended to provide forSection 2 below; and
a different form of administration.Whereas, said preliminary plat has been
NOW, THEREFORE, BE IT RESOLVEDexamined by the City Council and they find
BY THE CITY COUNCIL OF THE CITY OFthat it conforms to the statutes and ordinances
DUBUQUE, IOWA:relating to it, except that no streets or public
Section 1. That the Agreement for theutilities have yet been constructed or installed;
establishment of the Couler Valley Urbanand
Drainage District be amended as set forth inWhereas, the City Council concurs in the
the Second Amendment attached hereto.conditions of approval established by the
Section 2. The Mayor is hereby authorizedZoning Commission.
and directed to sign said Second AmendmentNOW, THEREFORE, BE IT RESOLVED
on behalf of the City of Dubuque.BY THE CITY COUNCIL OF THE CITY OF
Passed, approved and adopted this 4th dayDUBUQUE, IOWA:
of April, 1994.Section 1. That the dedication of Welu
Terrance M. DugganDrive, together with the easements for public
Mayorutilities, sanitary sewer and storm sewer as
Attest:they appear upon said final plat, be and the
Mary A. Davissame are hereby accepted; and
City ClerkSection 2. That the plat of Lots 21, 22, 23
Council Member Voetberg moved adoptionand Lot D of Sunset Park, 8th Addition, in the
of the Resolution. Seconded by CouncilCity of Dubuque, Iowa is hereby approved and
Member Nagle. Carried by the following vote:the Mayor and City Clerk are hereby
Yeas—Mayor Duggan, Council Membersauthorized and directed to endorse the
107Regular Session, April 4, 1994
approval of the City of Dubuque, Iowa, uponPassed, approved and adopted this 4th day
said final plat, provided the owners of saidof April, 1994.
property herein named, execute their writtenTerrance M. Duggan, Mayor
acceptance hereto attached agreeing:ATTEST:
a.To reduce Welu Drive to grade and toMary A. Davis, City Clerk
construct concrete curb and gutter and toACCEPTANCE OF RESOLUTION NO.
hard surface with asphaltic concrete, or124-94
with concrete paving with integral curb, allWe, the undersigned, Carl J. Burbach and
in accordance with the City of DubuqueMary Ann Burbach, having read the terms and
standard specifications; all in a mannerconditions of the Resolution No. 124-94 and
acceptable to the City Engineer and inbeing familiar with the conditions thereof,
conformance with constructionhereby accept this same and agree to the
improvement plans approved by the Cityconditions required therein.
Engineer.Dated in Dubuque, Iowa this 14th day of
b.To install sanitary sewer mains and sewerApril, 1994.
service laterals into each individual lot,By /s/ Carl J. Burbach
water mains and water service laterals intoBy /s/ Mary Ann Burbach
each individual lot, storm sewers and catchTo: Mary A. Davis, City Clerk
basins, boulevard street lighting andThis is to certify that the required security
erosion control devices all in accordancefor the foregoing resolution has been properly
with the City of Dubuque standardfiled.
specifications and in accordance withDated at Dubuque, Iowa this 18th day of
construction improvement plans approvedApril, 1994.
by the City Engineer, and inspected by theMichael C. Van Milligen, City Manager
City Engineer.Council Member Voetberg moved adoption
c.To construct said improvements, exceptof the Resolution. Seconded by Council
sidewalks, prior to one year from the dateMember Nagle. Carried by the following vote:
of acceptance of this resolution, at the soleYeas—Mayor Duggan, Council Members
expense of the subdivider, as owner, orKluesner, Krieg, Nagle, Nicholson, Voetberg.
future owner;Nays—None.
d.To maintain the public improvements,
except sidewalks, for a period of two (2)There being no further business, Council
years from the date of the acceptance ofMember Voetberg moved to adjourn.
those improvements by the City ofSeconded by Council Member Nagle. Carried
Dubuque, Iowa, at the sole expense of theby the following vote: Yeas—Mayor Duggan,
subdivider, as owner, or future owner;Council Members Kluesner, Krieg, Nagle,
e.To construct sidewalks in accordance withNicholson, Voetberg. Nays—None.
the requirements of Section 42-24(e) of theThe meeting adjourned at 10:51 p.m.
City Code, specifically:Mary A. Davis CMC
Sidewalk installation shall be theCity Clerk
responsibility of the owner of the property
abutting the public right-of-way. The
responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation
will not be required until the development
of the lot has been completed, except as
required herein. In sparsely developed
subdivisions, sidewalks on developed lots
will not be required until 50% of the lots
approved by the plat have been developed.
All vacant lots shall have sidewalks
installed upon development of 80% of the
lots approved by the plat.
And further provided that said Carl
Burbach, as owner of said property, shall
secure the performance of the foregoing
conditions provided in Section 2 by providing
security in such form and with such sureties as
may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 3. That in the event the owner shall
fail to execute the acceptance and furnish the
security provided in Section 2 hereof within
forty-five (45) days after the date of the
Resolution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval the plat shall not be effective.
Regular Session, April 4, 1994108
Approved ______________________, 1995.
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk
111Regular Session, April 18, 1994
Council Met at 7:30 p.m., Public LibraryNays—None. Absent—Council Member
AuditoriumKrieg.
Present: Mayor Duggan, Council MembersJames Kalb requested favorable
Kluesner, Nagle, Nicholson, Robbins,consideration.
Voetberg, City Manager Michael C. VanAn Ordinance Amending Zoning Ordinance
Milligen, Assistant City Attorney Jamesby adding a new definition in Section 8 for
O'Brien. Absent: Council Member Krieg,Vehicle Service/Repair, with first reading given
Corporation Counsel Barry A. Lindahl.at meeting held on February 21, 1994, now
presented for further action.
Mayor Duggan read the call and stated this
is the Regular Meeting of the City Council(OFFICIAL PUBLICATION)
called for the purpose to act upon suchORDINANCE NO. 18-94
business which may properly come before theAN ORDINANCE OF THE CITY OF
Council.DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY
Invocation was given by Rev. Joseph V.OF DUBUQUE, IOWA, BE AMENDED
O'Brien, Pastor, Cathedral of St. Raphael.BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS THE
PROCLAMATIONS -- April 14-21 asZONING ORDINANCE OF THE CITY
"Violence Prevention Week"; April 24-30 asOF DUBUQUE, IOWA, BY ADDING A
"National Preschool Immunization Week"NEW DEFINITION IN SECTION 8
received by Debra Day; April 24-30 as "BetaFOR VEHICLE SERVICE/REPAIR.
Sigma Phi Week" received by RoxannNOW THEREFORE, BE IT ORDAINED
Goodman; April 30-October 29 as "GreaterBY THE CITY COUNCIL OF THE CITY OF
Dubuque Health and Wellness ChallengeDUBUQUE, IOWA:
Time" received by Wes Rook; April 30 asSection 1. Appendix A of the City of
"Arbor Day" received by Steve Pregler. AprilDubuque Code of Ordinances is hereby
24 - May 1 as "Soil & Water Stewardshipamended by adding a new definition in Section
Week" received by Marvin Freiburger.8 for vehicle service/repair as follows:
Section 8 Definitions
There was a presentation of the "Iowa"Vehicle service/repair: A facility providing
Outstanding Urban Forestry Professional ofmajor vehicle repair such as tire recapping,
the Year" Award to City employee Stevebody work, frame straightening, welding,
Pregler.painting, storage of nonoperable vehicles
and the sale of motor fuels, tires and
YOUTH IN GOVERNMENT -Mayorlubricants for retail sale directly to the
Duggan swore in Youth Mayor Christinemotorist/consumer. As an accessory use,
McGrath, Youth City Manager Mikethe selling of vehicles with salvage titles
McClanahan, Youth City Clerk Melissa Reedmay occur on a limited basis provided they
and Youth Corporation Counsel Mike Jung. are stored in a building. Vehicles with
Youth Mayor McGrath swore in Youthsalvage titles may be stored in the rear yard
Council Members Craig Dunkel, Eli Light,of the property provided the vehicles are not
Meghan McCormick, Travis Kramer, Nicolestacked on top of other vehicles and
Wolbers, Sara Reisdorf.materials and are permanently screened
from view to a height of at least six (6) feet
Council Member Nagle moved to suspendwith at least fifty (50) percent opacity. The
the rules to allow anyone present to addresssale of used parts other than as an
the Council if they so desire. Seconded byincidental part of the business is
Council Member Robbins. Carried by theprohibited."
following vote: Yeas—Mayor Duggan, CouncilSection 2. This ordinance has heretofore
Members Kluesner, Nagle, Nicholson,been reviewed by the Zoning Commission of
Voetberg. Nays—None. Absent—Councilthe City of Dubuque, Iowa.
Member Krieg.Section 3. This ordinance shall take effect
immediately upon publication.
ADJOURNED PUBLIC HEARING FROMPassed, approved and adopted this 18th day
THE MEETING HELD ON MARCH 21,of April, 1994.
1994: Terrance M. Duggan, Mayor
Proof of Publication certified to by theAttest:
Publisher on Notice to consider amendingMary A. Davis, City Clerk
Zoning Ordinance by adding a new definition
Published officially in the Telegraph
in Section 8 for "Vehicle Service/Repair",
Herald newspaper this 27th day of April,
presented and read. Council Member1994.
Kluesner moved that the proof of publication1t 4/27Mary A. Davis CMC, City Clerk
be received and filed. Seconded by CouncilCouncil Member Kluesner moved that this
Member Nagle. Carried by the following vote:
be considered the second reading of the
Yeas—Mayor Duggan, Council Members
Ordinance, and that the requirement that a
Kluesner, Nagle, Nicholson, Voetberg.
proposed Ordinance be considered and voted
Regular Session, April 18, 1994112
on for passage at two Council meetings priorRESOLUTION NO. 125-94
to the meeting at which it is to be finallyRESOLUTION ADOPTING PLANS AND
adopted be suspended and further moved finalSPECIFICATIONS
adoption of the Ordinance. Seconded byWhereas, on the 16th day of March, 1994,
Council Member Nagle. Carried by theplans, specifications, form of contract and
following vote: Yeas—Mayor Duggan, Councilestimated cost were filed with the City Clerk of
Members Kluesner, Nagle, Nicholson,Dubuque, Iowa for the Brunskill Road
Voetberg. Nays—None. Absent—CouncilSanitary Sewer Extension.
Member Krieg.Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
Proof of Publication certified to by thecost was published as required by law.
Publisher on Notice of Hearing on Plans andNOW THEREFORE, BE IT RESOLVED
Specifications; Proof of Publication certified toBY THE CITY COUNCIL OF THE CITY OF
by the Publisher on Notice to Property ownersDUBUQUE, IOWA:
on Resolution of Necessity; Certificate of CityThat the said plans, specifications, form of
Clerk stating notices were sent to knowncontract and estimated cost are hereby
property, be certified mail, for theapproved as the plans, specifications, form of
Construction of the Brunskill Road Sanitarycontract and estimated cost for said
Sewer Extension project and communication ofimprovements for said project.
City Manager requesting approval of project,Passed, adopted and approved this 18th day
presented and read. Council Memberof April, 1994.
Kluesner moved that the proofs and certificateTerrance M. Duggan, Mayor
of City Clerk be received and filed. SecondedAttest:
by Council Member Nagle. Carried by theMary A. Davis, City Clerk
following vote: Yeas—Mayor Duggan, CouncilCouncil Member Kluesner moved adoption
Members Kluesner, Nagle, Nicholson,of the Resolution. Seconded by Council
Voetberg. Nays—None. Absent—CouncilMember Nagle. Carried by the following vote:
Member Krieg.Yeas—Mayor Duggan, Council Members
Melvin Matous spoke requesting costKluesner, Nagle, Nicholson, Voetberg.
assistance. Carl Engling objected to theNays—None. Absent—Council Member
amount and voiced concerns with the conditionKrieg.
of the street. Ken Thill spoke in favor of the
construction. RESOLUTION NO. 126-94
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE
BRUNSKILL ROAD SANITARY SEWER
EXTENSION
Whereas, the City Council has proposed a
Resolution of Necessity for the Brunskill Road
Sanitary Sewer Extension, has given notice of
the public hearing thereon as required by law;
and
Whereas, the public hearing has been held,
all persons offering objections have been heard
and consideration given to all objections and is
pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the
proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all
objections filed or made having been dully
considered are overruled.
Passed, adopted and approved this 18th day
of April, 1994.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Council Member Kluesner moved adoption
of the Resolution. Seconded by Council
Member Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
113Regular Session, April 18, 1994
Kluesner, Nagle, Nicholson, Voetberg.the 18th day of April, 1994, at 7:30 p.m., in
Nays—None. Absent—Council Memberthe Public Library auditorium, Eleventh and
Krieg.Locust Streets, Dubuque, Iowa, to consider the
lease of certain real property as set forth in the
RESOLUTION NO. 127-94Lease Agreement between the City of
ORDERING BIDSDubuque and the Dubuque Montessori School,
NOW THEREFORE, BE IT RESOLVEDInc., a copy of which is attached hereto and
BY THE COUNCIL OF THE CITY OFincorporated herein by reference; and
DUBUQUE, IOWA:Whereas, the City Council of the City of
That the Brunskill Road Sanitary SewerDubuque, Iowa, overruled any and all
Extension is hereby ordered to be advertisedobjections, oral or written, to the lease
for bids for construction.agreement;
BE IT FURTHER RESOLVED, that theNOW THEREFORE, BE IT RESOLVED
amount of the security to accompany each bidBY THE CITY COUNCIL OF THE CITY OF
shall be in an amount which shall conform toDUBUQUE, IOWA:
the provisions of the notice to bidders herebySection 1. The Lease Agreement between
approved as a part of the plans andthe City of Dubuque and the Dubuque
specifications heretofore adopted.Montessori School, Inc., a copy of which is
That the City Clerk is hereby directed toattached hereto, is hereby approved.
advertise for bids for the construction of theSection 2. The Mayor is authorized and
improvements herein provided, to be publisheddirected to execute the Lease Agreement on
in a newspaper having general circulation inbehalf of the City of Dubuque.
the City of Dubuque, Iowa, which notice shallPassed, approved and adopted this 18th day
not be less than four days nor more thanof April, 1994.
twenty days prior to the receipt of said bids atTerrance M. Duggan, Mayor
2:00 p.m. on the 5th day of May, 1994. BidsAttest:
shall be opened and read by the City Clerk atMary A. Davis, City Clerk
said time and will be submitted to the CouncilCouncil Member Nagle moved adoption of
for final action at 7:30 p.m. on the 16th day ofthe Resolution. Seconded by Council Member
May, 1994.Robbins. Carried by the following vote:
Passed, adopted and approved this 18th dayYeas—Mayor Duggan, Council Members
of April, 1994.Kluesner, Nagle, Nicholson, Voetberg.
Terrance M. Duggan, MayorNays—None. Absent—Council Member
Attest:Krieg.
Mary A. Davis, City Clerk
Council Member Kluesner moved adoptionProof of publication certified to by the
of the Resolution. Seconded by CouncilPublisher on Notice of Hearing on Plans and
Member Nagle. Carried by the following vote:Specifications for the Dubuque Water
Yeas—Mayor Duggan, Council MembersPollution Control Plant Phase II Improvements
Kluesner, Nagle, Nicholson, Voetberg.project, presented and read. Council Member
Nays—None. Absent—Council MemberVoetberg moved that the proof of publication
Krieg.be received and filed. Seconded by Council
Proof of Publication certified to by theMember Nagle. Carried by the following vote:
Publisher on Notice of Public Hearing toYeas—Mayor Duggan, Council Members
consider a Lease Agreement with MontessoriKluesner, Nagle, Nicholson, Voetberg.
School and communication of City ManagerNays—None. Absent—Council Member
recommending approval of Lease Agreement,Krieg.
presented and read. Council Member Nagle
moved that the proof and communication beRESOLUTION NO. 129-94
received and filed. Seconded by CouncilRESOLUTION ADOPTING PLANS AND
Member Robbins. Carried by the followingSPECIFICATIONS
vote: Yeas—Mayor Duggan, Council MembersWhereas, on the 7th day of March, 1994,
Kluesner, Nagle, Nicholson, Voetberg.plans, specifications, form of contract and
Nays—None. Absent—Council Memberestimated cost were filed with the City Clerk of
Krieg.Dubuque, Iowa, for the Phase II Improve-
ments, Water Pollution Control Plant, and
RESOLUTION NO. 128-94Whereas, notice of hearing on plans,
RESOLUTION APPROVING LEASE OFspecifications, form of contract and estimated
RICHARD J. SLATTERY CENTER FORcost was published as required by law.
THE DUBUQUE MONTESSORINOW THEREFORE, BE IT RESOLVED
SCHOOL, INC.BY THE CITY COUNCIL OF THE CITY OF
Whereas, published notice of date, time,DUBUQUE, IOWA:
and place of a public hearing, published in theSection 1. That the said plans,
Telegraph Herald, a newspaper of generalspecifications, form of contract and estimated
circulation published in the City of Dubuque,cost are hereby approved as the plans,
Iowa, on the 8th day of April, 1994, the Cityspecifications, form of contract and estimated
cost for said improvements for said project.
Council of the City of Dubuque, Iowa, met on
Regular Session, April 18, 1994114
Passed, approved and adopted this 18th dayNays—None. Absent—Council Member
of April, 1994.Krieg.
Terrance M. Duggan, Mayor
Attest:Proof of Publication certified to by the
Mary A. Davis, City ClerkPublisher on Notice of Hearing to vacate an
Council Member Voetberg moved adoptionalley between Jackson and Washington Streets
of the Resolution. Seconded by Councilfrom 8th St. to 9th St. and to dispose of
Member Nagle. Carried by the followingproperty and communication of City Manager
vote: Yeas—Mayor Duggan, Council Membersrecommending approval to vacate and dispose
Kluesner, Nagle, Nicholson, Voetberg.of property, presented and read. Council
Nays—None. Absent—Council MemberMember Voetberg moved that the proof and
Krieg.communication be received and filed.
Proof of Publication certified to by theSeconded by Council Member Robbins.
Publisher on Notice to Bidders on project andCarried by the following vote: Yeas—Mayor
communication of City ManagerDuggan, Council Members Kluesner, Nagle,
recommending to award contract, presentedNicholson, Voetberg. Nays—None.
and read. Council Member Voetberg movedAbsent—Council Member Krieg.
that the proof and communication be receivedAn Ordinance Vacating an alley between
and filed. Seconded by Council MemberJackson and Washington Streets from 8th to
Nagle. Carried by the following vote:9th Sts, said Ordinance having been presented
Yeas—Mayor Duggan, Council Membersand read at the Council Meeting of 4-4-94,
Kluesner, Nagle, Nicholson, Voetberg.now presented for final action.
Nays—None. Absent—Council Member
Krieg.(OFFICIAL PUBLICATION)
ORDINANCE NO. 19-94
RESOLUTION NO. 130-94ORDINANCE VACATING AN ALLEY
AWARDING CONTRACTBETWEEN JACKSON AND
Whereas, sealed proposals have beenWASHINGTON FROM 8TH STREET TO
submitted by contractors for the Phase II9TH STREET
Improvements, Water Pollution Control Plant,Whereas, Kretschmer-Treadway Company,
pursuant to Resolution No. 85-94 and notice toInc. has requested the vacating of an alley
bidders published in a newspaper in the Citybetween Jackson and Washington from 8th
of Dubuque, Iowa, on the 11th and 18th daysStreet to 9th Street; and
of March, 1994; andWhereas, IIW Engineers & Surveyors, P.C.,
Whereas, said sealed proposals wereDubuque, Iowa, has prepared and submitted to
opened and read on the 7th day of April, 1994,the City Council a plat showing the vacated
and it has been determined that the bid ofalley between Jackson and Washington from
Gridor Construction, Inc. of Plymouth,8th Street to 9th Street and assigned lot
Minnesota, in the amount of $2,276,600 wasnumbers thereto, which hereinafter shall be
the lowest bid for the furnishing of all laborknown and described as City Lot 417A, City
and materials and performing the work asLot 416A and City Lot 415A in the City of
provided for in the plans and specifications.Dubuque, Dubuque County, Iowa; and
NOW THEREFORE, BE IT RESOLVEDWhereas, the City Council of the City of
BY THE CITY COUNCIL OF THE CITY OFDubuque, Iowa has determined that this alley
DUBUQUE, IOWA:is no longer required for public use, and
Section 1. That the contract for the abovevacating of said alley known as City Lot 417A,
improvement be awarded to GridorCity Lot 416A, and City Lot 415A in the City
Construction, Inc. and the City Manager beof Dubuque, Dubuque County, Iowa, should
and is hereby directed to execute a contract onbe approved.
behalf of the City of Dubuque for the completeNOW, THEREFORE, BE IT ORDAINED
performance of the work.BY THE CITY COUNCIL OF THE CITY OF
Section 2. That upon the signing of saidDUBUQUE, IOWA:
contract and the approval of the contractor'sSection 1. That the real estate described as
bond, the City Treasurer is authorized andCity Lot 417A, City Lot 416A, and City Lot
instructed to return the bid deposits of the415A in the City of Dubuque, Iowa, be and the
unsuccessful bidders.same is hereby vacated.
Passed, approved and adopted this 18th daySection 2. The City reserves unto itself a
of April, 1994.perpetual easement including the right of
Terrance M. Duggan, Mayoringress and egress thereto, for the purpose of
Attest:erecting, installing, constructing,
Mary A. Davis, City Clerkreconstructing, repairing, owning, operating,
Council Member Voetberg moved adoptionand maintaining water, sewer, drainage, gas
of the Resolution. Seconded by Counciltelephone, t.v. cable and electric lines as may
Member Nagle. Carried by the followingbe authorized by the City of Dubuque, Iowa.
vote: Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 18th day
Kluesner, Nagle, Nicholson, Voetberg.of April, 1994.
Terrance M. Duggan, Mayor
115Regular Session, April 18, 1994
Attest:erecting, installing, constructing,
Mary A. Davis, City Clerkreconstructing, repairing, owning, operating,
Published officially in the Telegraphand maintaining water, sewer, drainage, gas
Herald newspaper this 26th day of April,telephone, t.v. cable and electric lines as may
1994.be authorized by the City of Dubuque, Iowa.
Section 4. That the City Clerk be and is
1t 4/28Mary A. Davis CMC, City Clerk
hereby authorized and directed to record a
Council Member Voetberg moved final
certified copy of this resolution in the office of
adoption of the Ordinance. Seconded by
Council Member Robbins. Carried by thethe City Assessor, Dubuque County Recorder
following vote: Yeas—Mayor Duggan, Counciland the Dubuque County Auditor.
Members Kluesner, Nagle, Nicholson,Passed, approved and adopted this 18th day
of April, 1994.
Voetberg. Nays—None. Absent—Council
Terrance M. Duggan, Mayor
Member Krieg.
Attest:
RESOLUTION NO. 131-94Mary A. Davis, City Clerk
Whereas, pursuant to resolution andCouncil Member Voetberg moved adoption
published notice of time and place of hearing,of the Resolution. Seconded by Council
Member Robbins. Carried by the following
published in the Telegraph Herald, a
vote: Yeas—Mayor Duggan, Council Members
newspaper of general circulation published in
Kluesner, Nagle, Nicholson, Voetberg.
the City of Dubuque, Iowa on the 8th day of
April, 1994, the City Council of the City ofNays—None. Absent—Council Member
Dubuque, Iowa met on the 18th day of April,Krieg.
1994, at 7:30 p.m. in the Public Library
Communication of City Manager
Auditorium, 11th and Locust, Dubuque,
submitting revised 5 year Street Construction
Dubuque County, Iowa to consider the
proposal for the sale of real estate describedProgram, presented and read. Council
as:Member Robbins moved that the
Lot 417A in the City of Dubuque, Iowa tocommunication be received and filed.
Kretschmer-Treadway Company, Inc., andSeconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Lot 416A in the City of Dubuque to Jeld-
Duggan, Council Members Kluesner, Nagle,
Wen, Inc., and City Lot 415A in the City of
Dubuque to Spahn & Rose LumberNicholson, Voetberg. Nays—None.
Company; andAbsent—Council Member Krieg.
Whereas, the City Council of the City of
RESOLUTION NO. 132-94
Dubuque, Iowa overruled any and all
RESOLUTION APPROVING A
objections, oral or written, to the proposal to
TENTATIVE FIVE YEAR STREET
dispose of interest of the City of Dubuque,
Iowa in the hereinabove described real estateCONSTRUCTION PROGRAM
to Kretschmer-Treadway Company, Inc., Jeld-Whereas, there has been presented a
Wen Fiber Products of Iowa, and Spahn &tentative Street Construction Program for
Fiscal Years 1995 through 1999; and
Rose Lumber Company; and
Whereas, said construction program must
NOW, THEREFORE, BE IT RESOLVED
be filed with the Iowa Department of
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Transportation by May 1, 1994 for the
Section 1. That the disposal of the interestpurpose of allocating Road Use Tax Funds to
of the City of Dubuque, Dubuque County,municipalities; and
Whereas, Council has reviewed the
Iowa in real property described as Lot 417A in
tentative Street Construction Program as
the City of Dubuque, Iowa to Kretschmer-
submitted.
Treadway Company, Inc., be and the same is
hereby approved for the sum of $2,939.00,NOW, THEREFORE, BE IT RESOLVED
plus publication and filing fees, that theBY THE CITY COUNCIL OF THE CITY OF
disposal of Lot 416A in the City of DubuqueDUBUQUE, IOWA:
Section 1. That the tentative five year
to Jeld-Wen, Inc. be and the same is hereby
Street Construction Program for Fiscal Years
approved for the sum of $1,909.00, and that
1995 through 1999 be and the same is hereby
the disposal of City Lot 415A in the City of
Dubuque to Spahn & Rose Lumber Companyapproved and that the Mayor is hereby
is hereby approved for the sum of $259.00;authorized and directed to sign this resolution.
conveyance shall be by Quit Claim Deed.Section 2. That the City Manager is hereby
authorized and directed to forward the
Section 2. That the Mayor be authorized
required documents relating to the five year
and directed to execute a Quit Claim Deed,
Street Construction Program to the Iowa
and the City Clerk be and is hereby authorized
and directed to deliver said deed of conveyanceDepartment of Transportation.
to the above named grantees upon receipt ofPassed, approved and adopted this 18th day
the purchase price in full.of April, 1994.
Terrance M. Duggan, Mayor
Section 3. The City reserves unto itself a
Attest:
perpetual easement including the right of
Mary A. Davis, City Clerk
ingress and egress thereto, for the purpose of
Regular Session, April 18, 1994116
Council Member Robbins moved adoptiondevelopment of a responsive child care
of the Resolution. Seconded by Councilprogram; and,
Member Voetberg. Carried by the followingWhereas, said evaluation has been
vote: Yeas—Mayor Duggan, Council Memberscompleted by the Child Care Initiative Task
Kluesner, Nagle, Nicholson, Voetberg.Force and three proposals -- the Child Care
Nays—None. Absent—Council MemberInitiative Grant Program, a Child Care Center,
Krieg.and a Child Care Forum, have been presented
before the City Council for consideration; and,
Communication of City Manager requestingWhereas, the City Council believes that the
authorization to continue with Phase II of Flowadoption of these proposals will provide
Monitoring Study of Sanitary Sewer SystemDubuque's low and moderate income families
for Infiltration & Inflow, presented and read.with increased opportunities for quality,
Council Member Voetberg moved that theaccessible and affordable child care.
communication be received and filed andNOW, THEREFORE, BE IT RESOLVED
request approved. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Kluesner. Carried by the followingDUBUQUE, IOWA:
vote: Yeas—Mayor Duggan, Council MembersSection 1. That the three proposals
Kluesner, Nagle, Nicholson, Voetberg.presented by the Child Care Initiative Task
Nays—None. Absent—Council MemberForce: 1) the Child Care Forum; 2) the Child
Krieg.Care Center; and 3) the Child Care Initiative
Grant Program, are hereby adopted by the City
Communication of Zoning CommissionCouncil.
submitting their comments regardingSection 2. That the City Manager prepare
Kensington Place Sanitary Sewer Problems,for Council review a one (1) year contract for
presented and read. Council Memberthe implementation and administration of the
Voetberg moved that the communication beChild Care Initiative Grant Program by Project
received and filed. Seconded by CouncilConcern: Child Care Resource and Referral.
Member Kluesner. Carried by the followingSection 3. That the Child Care Initiative
vote: Yeas—Mayor Duggan, Council MembersTask Force proceed, in cooperation with City
Kluesner, Nagle, Nicholson, Voetberg.staff, with the development of the proposed
Nays—None. Absent—Council Memberchild care forum(s).
Krieg.Section 4. That the City Manager prepare
a Request for Proposal for the development of
Communication of City Managera new child care facility for presentation to the
submitting recommendations of the Child CareCity Council for discussion at a later date.
Initiative Project Task Force, presented andPassed, approved and adopted this 18th day
read. Council Member Voetberg moved thatof April, 1994.
the communication be received and filed.Terrance M. Duggan, Mayor
Seconded by Council Member Kluesner.Attest:
Carried by the following vote: Yeas—MayorMary A. Davis, City Clerk
Duggan, Council Members Kluesner, Nagle,Council Member Voetberg moved adoption
Nicholson, Voetberg. Nays—None.of the Resolution. Seconded by Council
Absent—Council Member Krieg.Member Kluesner. Carried by the following
Diane Anderson, Judie Fjellman and Emilyvote: Yeas—Mayor Duggan, Council Members
Painter spoke to the project. Kluesner, Nagle, Nicholson, Voetberg.
Nays—None. Absent—Council Member
RESOLUTION NO. 133-94 Krieg.
RESOLUTION ACCEPTING THE
RECOMMENDATIONS OF THE CHILDCommunication of City Manager requesting
CARE INITIATIVE TASK FORCE ANDto contract for liquid oxygen purchases at
AUTHORIZING STAFF TO PROCEEDWater Pollution Control Plant, presented and
WITH THE IMPLEMENTATION OFread. Council Member Robbins moved that
SAID RECOMMENDATIONSthe communication be received and filed.
Whereas, the need for quality, accessibleSeconded by Council Member Nagle. Carried
and affordable child care has been identified asby the following vote: Yeas—Mayor Duggan,
a priority for the Community DevelopmentCouncil Members Kluesner, Nagle, Nicholson,
Block Grant (CDBG) Program; andVoetberg. Nays—None. Absent—Council
Whereas, neighborhood representatives,Member Krieg.
community advocates and social service
providers argue that the lack of appropriateRESOLUTION NO. 134-94
child care frequently hampers, if not limits, theAUTHORIZING THE CITY MANAGER
employment opportunities of Dubuque's lowTO EXECUTE A CONTRACT WITH AGA
and moderate income residents; andGAS FOR THE PURPOSE OF
Whereas, in Fiscal Year 1994, the DubuquePROVIDING LIQUID OXYGEN TO THE
City Council established the Child CareDUBUQUE WATER POLLUTION
Initiative Project for purposes of evaluating theCONTROL PLANT
child care needs of the community and for the
117Regular Session, April 18, 1994
Whereas, the City of Dubuque hasWHEREAS, pursuant to notice published
requested price quotations for liquid oxygenas required by Section 384.25 of said Code,
purchase and oxygen storage tank rental; andthis Council has held a public meeting and
Whereas, AGA Gas has submitted to thehearing upon the proposal to institute
City a price quotation to provide this materialproceedings for the issuance of said Bonds,
for a period of up to five (5) years; andand the Council is therefore now authorized to
Whereas, funds are available to purchaseproceed with the issuance of said Bonds; and
this commodity.
NOW, THEREFORE, BE IT RESOLVEDWHEREAS, pursuant to the provisions of
BY THE CITY COUNCIL OF THE CITY OFChapter 75 of the Code of Iowa, the above
DUBUQUE, IOWA:mentioned bonds were heretofore sold at
Section 1. That the City Manager bepublic sale and action should now be taken to
authorized to execute the agreement for liquidissue said bonds conforming to the terms and
oxygen purchase with AGA Gas, dated Aprilconditions of the best bid received at the
20, 1994.advertised public sale:
Passed, approved and adopted this 18th dayNOW, THEREFORE, BE IT RESOLVED
of April, 1994.BY THE COUNCIL OF THE CITY OF
Terrance M. Duggan, MayorDUBUQUE, IOWA:
Attest:Section 1. Definitions. The following
Mary A. Davis, City Clerkterms shall have the following meanings in this
Council Member Robbins moved adoptionResolution unless the text expressly or by
of the Resolution. Seconded by Councilnecessary implication requires otherwise:
Member Nagle. Carried by the following vote:(a)"Bonds" shall mean $3,100,000
Yeas—Mayor Duggan, Council MembersGeneral Obligation bonds, authorized
Kluesner, Nagle, Nicholson, Voetberg.to be issued by this Resolution;
Nays—None. Absent—Council Member(b)"Issuer" and "City" shall mean the City
Krieg.of Dubuque, Iowa;
(c)"Paying Agent" shall be the Norwest
Communication of City Manager requestingBank Iowa, N.A., or such successor as
approval to authorize the issuance ofmay be approved by Issuer as provided
$3,100,000 G.O. Bonds and levying a tax toherein and who shall carry out the
pay said bonds, presented and read. Councilduties prescribed herein as Issuer's
Member Voetberg moved that theagent to provide for the payment of
communication be received and filed. principal of and interest on the Bonds
Seconded by Council Member Nagle. Carriedas the same shall become due;
by the following vote: Yeas—Mayor Duggan,(d)"Project Fund" shall mean the fund
Council Members Kluesner, Nagle, Nicholson,required to be established by this
Voetberg. Nays—None. Absent—CouncilResolution for the deposit of the
Member Krieg.proceeds of the Bonds;
(e)"Rebate Fund" shall mean the fund so
RESOLUTION NO. 135-94defined in and established pursuant to
RESOLUTION AUTHORIZING ANDthe Tax Exemption Certificate;
PROVIDING FOR THE ISSUANCE OF(f)"Registrar" shall be Norwest Bank
$3,100,000 GENERALIowa, N.A. of Des Moines, Iowa, or
OBLIGATION BONDS AND LEVYING Asuch successor as may be approved by
TAX TO PAY SAID BONDS Issuer as provided herein and who
WHEREAS, the Issuer is duly incorporated,shall carry out the duties prescribed
organized and exists under and by virtue of theherein with respect to maintaining a
laws and Constitution of the State of Iowa; andregister of the owners of the bonds.
WHEREAS, the Issuer is in need of fundsUnless otherwise specified, the
to pay costs of the construction, reconstructionRegistrar shall also act as Transfer
and repairing of street improvements andAgent for the bonds;
bridges; the construction, reconstruction,(g)"Tax Exemption Certificate" shall
extension, improvement, and equipping ofmean the Tax Exemption Certificate
works and facilities useful for the collectionexecuted by the Treasurer and
and disposal of surface waters and streams;delivered at the time of issuance and
the construction, reconstruction, improvement,delivery of the Bonds; and
and extension of works and facilities useful for(h)"Treasurer" shall mean the City
the control of water pollution; and theTreasurer or such other officer as shall
acquisition, construction and equipping of Citysucceed to the same duties and
waterworks and facilities useful for providingresponsibilities with respect to the
potable water to city residents, an essentialrecording and payment of the Bonds
corporate purpose, and it is deemed necessaryissued hereunder.
and advisable that General Obligation BondsSection 2. Levy and Certification of Annual
in the amount of $3,100,000 be issued for saidTax; Other Funds to be Used.
purpose; and (a)Levy of Annual Tax. That for the
purpose of providing funds to pay the
Regular Session, April 18, 1994118
principal and interest of the Bonds hereinaftertherefrom for the purposes of issuance. Any
authorized to be issued, there is hereby leviedamounts on hand in the Project Fund shall be
for each future year the following direct annualavailable for the payment of the principal of or
tax on all of the taxable property in Dubuque,interest on the Bonds at any time that other
Iowa, to-wit: funds shall be insufficient to the purpose, in
FISCAL YEAR (JULY 1 TO JUNE 30) which event such funds shall be repaid to the
AMOUNTYEAR OF COLLECTION:Project Fund at the earliest opportunity. Any
$434,4821994/1995*balance on hand in the Project Fund and not
$434,3311995/1996immediately required for its purposes may be
$412,3311996/1997invested not inconsistent with limitations
$349,7161997/1998provided by law or this Resolution. Accrued
$438,7961998/1999interest, if any, shall be deposited in the Bond
$347,6471999/2000Fund.
$514,6612000/2001Section 5. Investments of Bond Fund
$382,4112001/2002Proceeds. All moneys held in the Bond Fund,
$345,4942002/2003provided for by Section 3 of this Resolution
$294,3502003/2004shall be invested in investments permitted by
Chapter 12B, Code of Iowa, 1993 (formerly
* If not collected from previously budgetedChapter 452, Code of Iowa, as amended) or
funds to be added to succeeding year. (NOTE:deposited in financial institutions which are
For example the levy to be made and certifiedmembers of the Federal Deposit Insurance
against the taxable valuations of January 1,Corporation and the deposits in which are
1994, will be collected during the fiscal yearinsured thereby and all such deposits
commencing July 1, 1995).exceeding the maximum amount insured from
(b) Resolution to be Filed With Countytime to time by FDIC or its equivalent
Auditor. A certified copy of this Resolutionsuccessor in any one financial institution shall
should be filed with the County Auditor ofbe continuously secured by a valid pledge of
Dubuque County, Iowa, and said Auditor isdirect obligations of the United States
hereby instructed in and for each of the yearsGovernment having an equivalent market
as provided, to levy and assess the tax herebyvalue. All such interim investments shall
authorized in Section 2 of this Resolution, inmature before the date on which the moneys
like manner as other taxes are levied and are required for payment of principal of or
assessed, and such taxes so levied in and forinterest on the Bonds as herein provided.
each of the years aforesaid be collected in likeSection 6. Bond Details, Execution and
manner as other taxes of the City are collected,Redemption.
and when collected be used for the purpose of(a)Bond Details. General Obligation
paying principal and interest on said BondsBonds of the City in the amount of
issued in anticipation of said tax, and for no$3,100,000, shall be issued pursuant
other purpose whatsoever.to the provisions of Section 384.25 of
(c) Additional City Funds Available.the City Code of Iowa for the aforesaid
Principal and interest coming due at any timepurpose. The Bonds shall be
when the proceeds of said tax on hand shall bedesignated "GENERAL
insufficient to pay the same shall be promptlyOBLIGATION BOND", be dated May
paid when due from current funds of the City1, 1994, and bear interest from the
available for that purpose and reimbursementdate thereof, until payment thereof, at
shall be made from such special fund in thethe office of the Paying Agent, said
amounts thus advanced.interest payable on November 1, 1994,
Section 3. Bond Fund. Said tax shall beand semiannually thereafter on the lst
collected each year at the same time and in theday of May and November in each
same manner as, and in addition to, all otheryear until maturity at the rates
taxes in and for the City, and when collectedhereinafter provided. The Bonds shall
they shall be converted into a special fundbe executed by the facsimile signature
within the Debt Service Fund to be known asof the Mayor and attested by the
the "GENERAL OBLIGATION BOND FUNDfacsimile signature of the Clerk, and
1994 NO. 1" (the "Bond Fund"), which isprinted with the seal of the City and
hereby pledged for and shall be used only forshall be fully registered as to both
the payment of the principal of and interest onprincipal and interest as provided in
the Bonds hereinafter authorized to be issued;this Resolution; principal, interest and
and also there shall be apportioned to saidpremium, if any, shall be payable at
fund its proportion of taxes received by thethe office of the Paying Agent by
City from railway, express, telephone andmailing of a check to the registered
telegraph companies and other taxes assessedowner of the Bond. The Bonds shall
by the Iowa State Department of Revenue. be in the denomination of $5,000 or
Section 4. Application of Bond Proceeds.multiples thereof. The Bonds shall
Proceeds of the Bonds other than accruedmature and bear interest as follows:
interest except as may be provided below shallInterest PrincipalMaturity
be credited to the Project Fund and expendedRateAmountMay 1st
119Regular Session, April 18, 1994
3.500%$290,0001995number or federal employer
4.000%300,0001996identification number of such
4.350%290,0001997transferee (or, if registration is to be
4.550%240,0001998made in the name of multiple
4.750%340,0001999individuals, of all such transferees). In
4.900%265,0002000the event that the address of the
5.000%445,0002001registered owner of a Bond (other than
5.050%335,0002002a registered owner which is the
5.125%315,0002003nominee of the broker or dealer in
5.125%280,0002004question) is that of a broker or dealer,
(b)Redemption. Bonds maturing afterthere must be disclosed on the
May 1, 2001, may be called forRegistration Books the information
redemption by the Issuer and paidpertaining to the registered owner
before maturity on said date or anyrequired above. Upon the transfer of
date thereafter, from any fundsany such Bond, a new fully registered
regardless of source, in whole or fromBond, of any denomination or
time to time in part, in any order ofdenominations permitted by this
maturity and within an annualResolution in aggregate principal
maturity by lot by giving thirty days'amount equal to the unmatured and
notice of redemption by registeredunredeemed principal amount of such
mail, to the registered owner of thetransferred fully registered Bond, and
Bond. The terms of redemption shallbearing interest at the same rate and
be par, plus accrued interest to date ofmaturing on the same date or dates
call. If selection by lot within ashall be delivered by the Registrar.
maturity is required, the Registrar shall(c)Registration of Transferred Bonds. In
by random selection of the names ofall cases of the transfer of the Bonds,
the registered owners of the entirethe Registrar shall register, at the
annual maturity select the bonds to beearliest practicable time, on the
redeemed until the total amount ofRegistration Books, the Bonds, in
Bonds to be called has been reached. accordance with the provisions of this
Section 7. Registration of Bonds;Resolution.
Appointment of Registrar; Transfer;(d)Ownership. As to any Bond, the
Ownership; Delivery; and Cancellation.person in whose name the ownership
(a)Registration. The ownership of Bondsof the same shall be registered on the
may be transferred only by the makingRegistration Books of the Registrar
of an entry upon the books kept for theshall be deemed and regarded as the
registration and transfer of ownershipabsolute owner thereof for all
of the Bonds, and in no other way.purposes, and payment of or on
Norwest Bank Iowa, N.A. is herebyaccount of the principal of any such
appointed as Bond Registrar under theBonds and the premium, if any, and
terms of this Resolution and under theinterest thereon shall be made only to
provisions of a separate agreementor upon the order of the registered
with the Issuer filed herewith which isowner thereof or his legal
made a part hereof by this reference.representative. All such payments
Registrar shall maintain the books ofshall be valid and effectual to satisfy
the Issuer for the registration ofand discharge the liability upon such
ownership of the Bonds for theBond, including the interest thereon, to
payment of principal of and interest onthe extent of the sum or sums so paid.
the Bonds as provided in this(e)Cancellation. All Bonds which have
Resolution. All Bonds shall bebeen redeemed shall not be reissued
negotiable as provided in Article 8 ofbut shall be cancelled by the Registrar.
the Uniform Commercial Code andAll Bonds which are cancelled by the
Section 384.31 of the Code of Iowa,Registrar shall be destroyed and a
subject to the provisions forcertificate of the destruction thereof
registration and transfer contained inshall be furnished promptly to the
the Bonds and in this resolution.Issuer; provided that if the Issuer shall
(b)Transfer. The ownership of any Bondso direct, the Registrar shall forward
may be transferred only upon thethe cancelled Bonds to the Issuer.
Registration Books kept for the(f)Non-Presentment of Bonds. In the
registration and transfer of Bonds andevent any payment check representing
only upon surrender thereof at thepayment of principal of or interest on
office of the Registrar together with anthe Bonds is returned to the Paying
assignment duly executed by theAgent or if any bond is not presented
holder or his duly authorized attorneyfor payment of principal at the
in fact in such form as shall bematurity or redemption date, if funds
satisfactory to the Registrar, alongsufficient to pay such principal of or
with the address and social securityinterest on Bonds shall have been
Regular Session, April 18, 1994120
made available to the Paying Agent forBonds to the extent of the payments so made.
the benefit of the owner thereof, allPayment of principal shall only be made upon
liability of the Issuer to the ownersurrender of the Bond to the Paying Agent.
thereof for such interest or payment of Section 10. Execution, Authentication and
such Bonds shall forthwith cease,Delivery of the Bonds. Upon the adoption of
terminate and be completelythis Resolution, the Mayor and Clerk shall
discharged, and thereupon it shall beexecute and deliver the Bonds to the Registrar,
the duty of the Paying Agent to holdwho shall authenticate the Bonds and deliver
such funds, without liability forthe same to or upon order of the Purchaser.
interest thereon, for the benefit of theNo Bond shall be valid or obligatory for any
owner of such Bonds who shallpurpose or shall be entitled to any right or
thereafter be restricted exclusively tobenefit hereunder unless the Registrar shall
such funds for any claim of whateverduly endorse and execute on such Bond a
nature on his part under thisCertificate of Authentication substantially in
Resolution or on, or with respect to,the form of the Certificate herein set forth.
such interest or Bonds. The PayingSuch Certificate upon any Bond executed on
Agent's obligation to hold such fundsbehalf of the Issuer shall be conclusive
shall continue for a period equal to twoevidence that the Bond so authenticated has
years and six months following thebeen duly issued under this Resolution and
date on which such interest orthat the holder thereof is entitled to the
principal became due, whether atbenefits
maturity, or at the date fixed forof this Resolution.
redemption thereof, or otherwise, atNo Bonds shall be authenticated and
which time the Paying Agent, shalldelivered by the Registrar unless and until
surrender any remaining funds so heldthere shall have been provided the following:
to the Issuer, whereupon any claim1.A certified copy of the resolution of
under this Resolution by the OwnersIssuer authorizing the issuance of the
of such interest or Bonds of whateverBonds;
nature shall be made upon the Issuer.2.A written order of Issuer signed by the
(g)Registration and Transfer Fees. TheCity Treasurer of the Issuer directing
Registrar may furnish to each owner,the authentication and delivery of the
at the Issuer's expense, one bond forBonds to or upon the order of the
each annual maturity. The RegistrarPurchaser upon payment of the
shall furnish additional bonds in lesserpurchase price as set forth therein;
denominations (but not less than the3.The approving opinion of Ahlers,
minimum denomination) to an ownerCooney, Dorweiler, Haynie, Smith &
who so requests.Allbee, P.C., Bond Counsel,
Section 8. Reissuance of Mutilated,concerning the validity and legality of
Destroyed, Stolen or Lost Bonds. In case anyall the Bonds proposed to be issued.
outstanding Bond shall become mutilated or beSection 11. Right to Name Substitute
destroyed, stolen or lost, the Issuer shall at thePaying Agent or Registrar. Issuer reserves the
request of Registrar authenticate and deliver aright to name a substitute, successor Registrar
new Bond of like tenor and amount as theor Paying Agent upon giving prompt written
Bond so mutilated, destroyed, stolen or lost, innotice to each registered bondholder.
exchange and substitution for such mutilatedSection 12. Form of Bond. Bonds shall be
Bond to Registrar, upon surrender of suchprinted in substantial compliance with
mutilated Bond, or in lieu of and substitutionstandards proposed by the American
for the Bond destroyed, stolen or lost, uponStandards Institute substantially in the form as
filing with the Registrar evidence satisfactoryfollows:
to the Registrar and Issuer that such Bond has
been destroyed, stolen or lost and proof of
ownership thereof, and upon furnishing the
Registrar and Issuer with satisfactory
indemnity and complying with such other
reasonable regulations as the Issuer or its
agent may prescribe and paying such expenses
as the Issuer may incur in connection
therewith.
Section 9. Record Date. Payments of
principal and interest, otherwise than upon full
redemption, made in respect of any Bond,
shall be made to the registered holder thereof
or to their designated agent as the same appear
on the books of the Registrar on the 15th day
of the month preceding the payment date. All
such payments shall fully discharge the
obligations of the Issuer in respect of such
121Regular Session, April 18, 1994
The text of the Bonds to be located thereon
at the item numbers shown shall be as follows:
Item 1, figure 1 =
"STATE OF IOWA"
"COUNTY OF DUBUQUE"
"CITY OF DUBUQUE"
"GENERAL OBLIGATION BOND"
"ESSENTIAL CORPORATE PURPOSE"
Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity: Item
4, figure 1 = Bond Date: May 1, 1994
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: $
Item 9, figure 1 = The City of Dubuque,
Iowa, a municipal corporation organized and
existing under and by virtue of the
Constitution and laws of the State of Iowa (the
"Issuer"), for value received, promises to pay
from the source and as hereinafter
provided, on the maturity date indicated above,
to Item 9A, figure 1 = (Registration panel to be
completed by Registrar or Printer with name of
Registered Owner).
Item 10, figure 1 = or registered assigns, the
principal sum of (principal amount written
out) THOUSAND DOLLARS in lawful money
of the United States of America, on the
maturity date shown above, only upon
presentation and surrender hereof at the office
of Norwest Bank Iowa, N.A., Paying Agent of
this issue, or its successor, with interest on
said sum from the date hereof until paid at the
rate per annum specified above, payable on
November 1, 1994, and semiannually
thereafter on the 1st day of May and
November in each year.
Interest and principal shall be paid to the
registered holder of the Bond as shown on the
records of ownership maintained by the
Registrar as of the 15th day of the month next
preceding such interest payment date. Interest
shall be computed on the basis of a 360-day
year of twelve 30-day months.
This Bond is issued pursuant to the
provisions of Section 384.25 of the City Code
of Iowa, for the purpose of paying costs of the
construction, reconstruction and repairing of
street improvements and bridges; the
construction, reconstruction, extension,
improvement, and equipping of works and
facilities useful for the collection and disposal
of surface waters and streams; the
construction, reconstruction, improvement,
and extension of works and facilities useful for
the control of water pollution; and the
acquisition, construction and equipping of City
waterworks and facilities useful for providing
potable water to city residents, in conformity
to a Resolution of the Council of said City duly
passed and approved.
Bonds maturing after May 1, 2001, may be
called for redemption by the Issuer and paid
before maturity on said date or any date
thereafter, from any funds regardless of
source, in whole or from time to time in part,
Regular Session, April 18, 1994122
in any order of maturity and within an annualBy: Authorized Signature
maturity by lot by giving thirty days' notice ofItem 13, figure 1 = Registrar and
redemption to the registered owner of theTransfer Agent:
Bond. The terms of redemption shall be par,Norwest Bank Iowa, N.A.
plus accrued interest to date of call.Paying Agent: Norwest Bank Iowa, N.A.
Notice hereunder may be given byCorporate Trust Operations
registered mail to the owner of record of theSixth & Marquette Avenue
Bond at the address shown on the books of theMinneapolis, MN 55479-0113
Registrar and shall be deemed complete uponSEE REVERSE FOR CERTAIN
mailing.DEFINITIONS
Ownership of this Bond may be transferredItem 14, figure 1 = (Seal)
only by transfer upon the books kept for suchItem 15, figure 1 = [Signature Block]
purpose by Norwest Bank Iowa, N.A., theCITY OF DUBUQUE, IOWA
Registrar. Such transfer on the books shallBy:(facsimile signature)
occur only upon presentation and surrender ofMayor
this Bond at the office of the Registrar asATTEST:
designated below, together with an assignmentBy:(facsimile signature)
duly executed by the owner hereof or his dulyCity Clerk
authorized attorney in the form as shall beItem 16, figure 2 = It is certified that the
satisfactory to the Registrar. Issuer reservesfollowing is a correct and complete copy of the
the right to substitute the Registrar and Payingopinion of bond counsel issued as of the date
Agent but shall, however, promptly give noticeof delivery of the issue of which this Bond is a
to registered bondholders of such change. Allpart.
bonds shall be negotiable as provided in(manual/facsimile signature)
Article 8 of the Uniform Commercial Code andCity Clerk
Section 384.31 of the Code of Iowa, subject to[Opinion of Bond Counsel]
the provisions for registration and transferItem 17, figure 2 = [Assignment Block]
contained in the Bond Resolution. [Information Required for
This Bond is a "qualified tax-exemptRegistration]
obligation" designated by the City for purposesASSIGNMENT
of Section 265(b)(3)(B) of the InternalFor value received, the undersigned hereby
Revenue Code of 1986.sells, assigns and transfers unto (Social
And it is hereby represented and certifiedSecurity or Tax Identification No.) the within
that all acts, conditions and things requisite,Bond and does hereby irrevocably constitute
according to the laws and Constitution of theand appoint attorney in fact to transfer the said
State of Iowa, to exist, to be had, to be done,Bond on the books kept for registration of the
or to be performed precedent to the lawfulwithin Bond, with full power of substitution in
issue of this Bond, have been existent, had,the premises.
done and performed as required by law; that Dated .
provision has been made for the levy of a(Person(s) executing this Assignment
sufficient continuing annual tax on all thesign(s) here)
taxable property within the territory of theSIGNATURE )
Issuer for the payment of the principal andGUARANTEED)
interest of this Bond as the same willIMPORTANT - READ CAREFULLY
respectively become due; that the faith, credit, The signature(s to this Power must
revenues and resources and all the real andcorrespond with the name(s) as written upon
personal property of the Issuer are irrevocablythe face of the certificate(s) or bond(s) in every
pledged for the prompt payment hereof, bothparticular without alteration or enlargement or
principal and interest; and the totalany change whatever. Signature guarantee
indebtedness of the Issuer including this Bond,must be provided in accordance with the
does not exceed the constitutional or statutoryprevailing standards and procedures of the
limitations. Registrar and Transfer Agent. Such standards
IN TESTIMONY WHEREOF, the Issuer byand procedures may require signature to be
its Council, has caused this Bond to be signedguaranteed by certain eligible guarantor
by the facsimile signature of its Mayor andinstitutions that participate in a recognized
attested by the facsimile signature of its Citysignature guarantee program.
Clerk, with the seal of said City printedINFORMATION REQUIRED FOR
hereon, and to be authenticated by the manualREGISTRATION OF TRANSFER
signature of an authorized representative of theName of Transferee(s)
Registrar, Norwest Bank Iowa, N.A..
Item 11, figure 1 = Date of authentication:Address of Transferee(s)
Item 12, figure 1 = This is one of the Bonds
described in the within mentioned Resolution,Social Security or Tax Identification
as registered by Norwest Bank Iowa, N.A.. Number of Transferee(s)
NORWEST BANK IOWA, NATIONAL
ASSOCIATION, Transferee is a(n):
Registrar
123Regular Session, April 18, 1994
Individual* Corporation Section 16. Additional Covenants,
Representations and Warranties of the Issuer.
Partnership Trust The Issuer certifies and covenants with the
*If the Bond is to be registered in the namespurchasers and holders of the Bonds from time
of multiple individual owners, the names of allto time outstanding that the Issuer through its
such owners and one address and socialofficers, (a) will make such further specific
security number must be provided.covenants, representations and assurances as
The following abbreviations, when used inmay be necessary or advisable; (b) comply
the inscription on the face of this Bond, shallwith all representations, covenants and
be construed as though written out in fullassurances contained in the Tax Exemption
according to applicable laws or regulations:Certificate, which Tax Exemption Certificate
TEN COM - as tenants in commonshall constitute a part of the contract between
TEN ENT - as tenants by the entiretiesthe Issuer and the owners of the Bonds; (c)
JT TEN - as joint tenants with right ofconsult with bond counsel (as defined in the
survivorship and not as tenants in commonTax Exemption Certificate); (d) pay to the
IA UNIF TRANS MIN ACT -United States, as necessary, such sums of
..........Custodian..........money representing required rebates of excess
(Cust) (Minor) under Iowaarbitrage profits relating to the Bonds; (e) file
Uniform Transfers to such forms, statements and supporting
Minors Act................... (State)documents as may be required and in a timely
ADDITIONAL ABBREVIATIONS MAYmanner; and (f) if deemed necessary or
ALSO BE USED THOUGH NOT IN THEadvisable by its officers, to employ and pay
ABOVE LISTfiscal agents, financial advisors, attorneys and
Section 13. Contract Between Issuer andother persons to assist the Issuer in such
Purchaser. This Resolution constitutes acompliance.
contract between said City and the purchaserSection 17. Amendment of Resolution to
of the Bonds. Maintain Tax Exemption. This Resolution
Section 14. Non-Arbitrage Covenants. Themay be amended without the consent of any
Issuer reasonably expects and covenants thatowner of the Bonds if, in the opinion of bond
no use will be made of the proceeds from thecounsel, such amendment is necessary to
issuance and sale of the Bonds issuedmaintain tax exemption with respect to the
hereunder which will cause any of the BondsBonds under applicable Federal law or
to be classified as arbitrage bonds within theregulations.
meaning of Section 148(a) and (b) of theSection 18. Qualified Tax-Exempt
Internal Revenue Code of the United States,Obligations. For the sole purpose of qualifying
and that throughout the term of said Bonds itthe Bonds as "Qualified Tax Exempt
will comply with the requirements of saidObligations" pursuant to the Internal Revenue
statute and regulations issued thereunder. Code of the United States, the Issuer
To the best knowledge and belief of thedesignates the Bonds as qualified tax-exempt
Issuer, there are no facts or circumstances thatobligations and represents that the reasonably
would materially change the foregoinganticipated amount of tax exempt
statements or the conclusion that it is notgovernmental and Code Section 501(c)3
expected that the proceeds of the Bonds will beobligations which will be issued during the
used in a manner that would cause the Bondscurrent calendar year will not exceed Ten (10)
to be arbitrage bonds. Without limiting theMillion Dollars.
generality of the foregoing, the Issuer herebySection 19. Repeal of Conflicting
agrees to comply with the provisions of theResolutions or Ordinances. That all
Tax Exemption Certificate and the provisionsordinances and resolutions and parts of
of ordinances and resolutions in conflict herewith
the Tax Exemption Certificate are herebyare hereby repealed.
incorporated by reference as part of thisSection 20. Annual Audit. That the Issuer
Resolution. The Treasurer is hereby directedshall file financial statements, audited in
to make and insert all calculations andaccordance with generally accepted auditing
determinations necessary to complete the Taxstandards, with the appropriate information
Exemption Certificate in all respects and torepositories.
execute and deliver the Tax ExemptionPASSED AND APPROVED this 18th day
Certificate at issuance of the Bonds to certifyof April, 1994.
as to the reasonable expectations andTerrance M. Duggan, Mayor
covenants of the Issuer at that date. ATTEST:
Section 15. Severability Clause. If anyMary Davis, City Clerk
section, paragraph, clause or provision of thisCouncil Member Voetberg moved adoption
Resolution be held invalid, such invalidityof the Resolution. Seconded by Council
shall not affect any of the remaining provisionsMember Nagle. Carried by the following vote:
hereof, and this Resolution shall becomeYeas—Mayor Duggan, Council Members
effective immediately upon its passage andKluesner, Nagle, Nicholson, Voetberg.
approval. Nays—None. Absent—Council Member
Krieg.
Regular Session, April 18, 1994124
Communication of City Managerproposed Ordinances be considered and voted
submitting Ordinances (3) to modify parkingon for passage at two Council meetings prior
in the Prescott School area to accommodateto the meeting at which they are to be finally
the new bus loading zone, presented and read.adopted be suspended and further moved final
Council Member Voetberg moved that theadoption of the Ordinance. Seconded by
communication be received and filed. Council Member Kluesner. Carried by the
Seconded by Council Member Kluesner.following vote: Yeas—Mayor Duggan, Council
Carried by the following vote: Yeas—MayorMembers Kluesner, Nagle, Nicholson,
Duggan, Council Members Kluesner, Nagle,Voetberg. Nays—None. Absent—Council
Nicholson, Voetberg. Nays—None.Member Krieg.
Absent—Council Member Krieg.
An Ordinance Amending Code of(OFFICIAL PUBLICATION)
Ordinances by amending Sec. 32-336 byORDINANCE NO. 21-94
removing meters from the South side ofAN ORDINANCE AMENDING SECTION
Twelfth Street between White Street and32-262(d) THE CODE OF ORDINANCES
Central Avenue from the District and addingOF THE CITY OF DUBUQUE, IOWA
the North side of Twelfth Street betweenPROHIBITING PARKING ON
Central Avenue and Iowa St. to the District,DESIGNATED STREETS OR PORTIONS
presented and read. THEREOF DELETING CERTAIN
PORTIONS OF TWELFTH STREET AND
(OFFICIAL PUBLICATION)ADDING CERTAIN PORTIONS OF
ORDINANCE NO. 20-94TWELFTH STREET
AN ORDINANCE AMENDING SECTIONNOW, THEREFORE, BE IT ORDAINED
32-336 OF THE CODE OF ORDINANCESBY THE CITY COUNCIL OF THE CITY OF
OF THE CITY OF DUBUQUE, IOWA,DUBUQUE, IOWA:
ESTABLISHING THE MUNICIPALSection 1. That the Code of Ordinances of
PARKING METER DISTRICT BYthe City of Dubuque, Iowa be amended by
REMOVING THE SOUTH SIDE OFdeleting from Subsection (d) of Section 32-262
TWELFTH STREET BETWEEN WHITEthe following:
STREET AND CENTRAL AVENUETwelfth Street, west, north and east sides,
FROM THE DISTRICT AND ADDINGfrom Bluff Street to Grove Terrace, south
THE NORTH SIDE OF TWELFTHside, from Bluff Street to a point
STREET BETWEEN CENTRAL AVENUEapproximately one hundred sixty (160) feet
AND IOWA STREET TO THE DISTRICTwest of Bluff Street; north side from White
NOW, THEREFORE, BE IT ORDAINEDStreet to Main Street.
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the code of Ordinances of
DUBUQUE, IOWA:the City of Dubuque, Iowa be amended by
Section 1. That the Code of Ordinances ofadding to Subsection (d) of Section 32-262 the
the City of Dubuque, Iowa, be amended byfollowing:
deleting the following from Section 32-336:Twelfth Street, west, north and east sides,
"Sec. 32-336. from Bluff Street to Grove Terrace, south
***side, from Bluff Street to a point
EAST-WEST STREETSapproximately one hundred sixty (160) feet
Twelfth Street, south side, between Whitewest of Bluff Street; north side, from Iowa
Street and Main Street.Street to Main Street; south side, from
Section 2. That the Code of Ordinances ofWhite Street to the alley west of Central
the City of Dubuque, Iowa, be amended byAvenue.
adding the following to Section 32-336:Passed, approved and adopted this 18th day
"Sec. 32-336.of April, 1994.
***Terrance M. Duggan, Mayor
EAST-WEST STREETSAttest:
Twelfth Street, south side, between CentralMary A. Davis, City Clerk
Avenue and Main Street.Published officially in the Telegraph
Twelfth Street, north side, between Central
Herald newspaper the 26th day of April,
Avenue and Iowa Street.
1994.
Passed, approved and adopted this 18th day1t 4/26Mary A. Davis CMC, City Clerk
of April, 1994.Council Member Voetberg moved that this
Terrance M. Duggan, Mayorbe considered the first reading of the
Attest:
Ordinances, and that the requirement that the
Mary A. Davis, City Clerk
proposed Ordinances be considered and voted
Published officially in the Telegraphon for passage at two Council meetings prior
Herald newspaper this 25th day of April,to the meeting at which they are to be finally
1994.adopted be suspended and further moved final
1t 4/25Mary A. Davis CMC, City Clerkadoption of the Ordinance. Seconded by
Council Member Voetberg moved that thisCouncil Member Kluesner. Carried by the
be considered the first reading of thefollowing vote: Yeas—Mayor Duggan, Council
Ordinances, and that the requirement that theMembers Kluesner, Nagle, Nicholson,
125Regular Session, April 18, 1994
Voetberg. Nays—None. Absent—CouncilCigarettes within the City of Dubuque, Iowa,
Member Krieg.be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
(OFFICIAL PUBLICATION)Barbara HawbakerNeighbor's Tap
ORDINANCE NO. 22-941899 Rockdale Rd
AN ORDINANCE AMENDING CITY OFAlbert J. HeibergerOky Doky #7
DUBUQUE CODE OF ORDINANCES BY3301 Pennsylvania
ADDING A NEW SECTION 32-262.1Greater Dbq Riverboat Ent.Co.
PROVIDING FOR THEDiamond Jo Casino
ESTABLISHMENT OF VARIOUS400 E. 3rd St
PARKING RESTRICTIONS ADJACENTPassed, approved and adopted this 18th day
TO SCHOOL AREASof April, 1994.
NOW, THEREFORE, BE IT ORDAINEDTerrance M.Duggan, Mayor
BY THE CITY COUNCIL OF THE CITY OFAttest:
DUBUQUE, IOWA:Mary A. Davis, City Clerk
Section 1. That the Code of Ordinances ofCouncil Member Nicholson moved
the City of Dubuque, Iowa be amended byadoption of the Resolution. Seconded by
adding the following new Section 32-262.1Council Member Robbins. Carried by the
thereof as follows:following vote: Yeas—Mayor Duggan,
"Sec. 32-262.1. Parking Restrictions in SchoolCouncil Members Kluesner, Nicholson,
AreasRobbins, Voetberg. Nays—Council Member
(a)Where spaces have been set asideNagle.
adjacent to school property by signs or
markings for "Bus Loading Only", itRESOLUTION NO. 137-94
shall be unlawful for the operator ofWhereas, applications for Beer Permits
any vehicle other than a bus engagedhave been submitted and filed to this Council
in the loading or unloading of studentsfor approval and the same have been examined
to stand or park in any such "Busand approved; and
Loading Only" space.Whereas, the premises to be occupied by
(b)Where spaces have been set asidesuch applicants were inspected and found to
adjacent to school property by signs orcomply with the Ordinances of this City and
markings for "No Parking Schoolhave filed proper bonds.
Hours", it shall be unlawful for theNOW, THEREFORE, BE IT RESOLVED
operator of any vehicle to stop, standBY THE CITY COUNCIL OF THE CITY OF
or park within space area during theDUBUQUE, IOWA:
hours when the adjacent school is inThat the Manager be authorized to cause to
session.be issued the following named applicants a
Passed, approved and adopted this 18th dayBeer Permit.
of April, 1994.CLASS "BE" BEER PERMIT
Terrance M. Duggan, MayorAlbert J. HeibergerOky Doky # 7
Attest:3301 Pennsylvania
Mary A. Davis, City ClerkCLASS "C" BEER PERMIT
Sally Jo & John Herrig
Published officially in the Telegraph
Herald newspaper the 26th day of April,Grandview Milkhouse620 S. Grandview
1994.Passed, approved and adopted this 18th day
Mary A. Davis CMCof April, 1994.
Terrance M. Duggan, Mayor
1t 4/26City Clerk
Attest:
Council Member Voetberg moved that this
Mary A. Davis CMC, City Clerk
be considered the first reading of the
Ordinances, and that the requirement that theCouncil Member Nicholson moved
proposed Ordinances be considered and votedadoption of the Resolution. Seconded by
on for passage at two Council meetings priorCouncil Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan,
to the meeting at which they are to be finally
Council Members Kluesner, Nicholson,
adopted be suspended and further moved final
Robbins, Voetberg. Nays—Council Member
adoption of the Ordinance. Seconded by
Council Member Kluesner. Carried by theNagle.
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Nagle, Nicholson,RESOLUTION NO. 138-94
Whereas, applications for Liquor Licenses
Voetberg. Nays—None. Absent—Council
have been submitted to this Council for
Member Krieg.
approval and the same have been examined
RESOLUTION NO. 136-94and approved; and
NOW, THEREFORE, BE IT RESOLVEDWhereas, the premises to be occupied by
BY THE CITY COUNCIL OF THE CITY OFsuch applicants were inspected and found to
comply with the State Law and all City
DUBUQUE, IOWA:
Ordinances relevant thereto and they have filed
That the following having complied with
proper bonds.
the provisions of law relating to the sale of
Regular Session, April 18, 1994126
NOW, THEREFORE, BE IT RESOLVEDSeconded by Council Member Nagle. Carried
BY THE CITY COUNCIL OF THE CITY OFby the following vote: Yeas—Mayor Duggan,
DUBUQUE, IOWA:Council Members Kluesner, Nagle, Nicholson,
That the Manager be authorized to cause toVoetberg. Nays—None. Absent—Council
be issued the following named applicantsMember Krieg.
a Liquor License.
CLASS "C" (COMMERCIAL) BEER ANDCommunication of Zoning Commission
LIQUOR LICENSEadvising of their denial to reclassify property
Central Tap Inc.Central Tapknown as second lot North of Lincoln Avenue
1046 Centralon Elm Street between 2120 and 2130 Elm
Patricia A. BroesselCorner TapStreet from R-2A to CS District (Requested by
2093 WashingtonJohn Herrig), presented and read. Council
Greater DBQ Riverboat Ent. Co.Member Voetberg moved that the
Diamond Jo Casino Portsidecommunication be received and filed.
400 E 3rd StSeconded by Council Member Robbins.
Marco's Inc.Marco's Italian RestaurantCarried by the following vote: Yeas—Mayor
2022 Central Duggan, Council Members Kluesner, Nagle,
Murph's Southend Tap, Inc.Nicholson, Voetberg. Nays—None.
Murph's Southend TapAbsent—Council Member Krieg.
55 S. LocustAn Ordinance Amending Zoning Ordinance
Donna M. GinterWest Dubuque Tapto reclassify Lot A of Oestringer's Subdivision
1701 Asburyfrom R-2A Alternate Two-Family Residential
Chad A. StreffWhiskey RiverDistrict to CS Commercial Service District,
1064 Universitypresented and read. Council Member
CLASS "LE" LIQUOR LICENSEVoetberg moved that a Public Hearing be held
Albert J. HeibergerOky Doky # 7on the Ordinance at the Council Meeting of
3301 UniversityMay 16, 1994 at 7:30 p.m. in the Public
Passed, approved and adopted this 18th dayLibrary Auditorium and that the City Clerk
of April, 1994.publish notice in the manner prescribed by
Terrance M. Duggan, Mayorlaw. Seconded by Council Member Robbins.
Attest:Carried by the following vote: Yeas—Mayor
Mary A. Davis, City ClerkDuggan, Council Members Kluesner, Nagle,
Council Member Nicholson movedNicholson, Voetberg. Nays—None.
adoption of the Resolution. Seconded byAbsent—Council Member Krieg.
Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan,Communication of Zoning Commission
Council Members Kluesner, Nicholson,advising of their denial to reclassify properties
Robbins, Voetberg. Nays—Council Memberlocated East of the Northwest Arterial, north of
Nagle.Highway 20 and south of Pennsylvania
Avenue from R-1 and R-3 District to PUD
Communication of Zoning CommissionDistrict, (Requested by Medical Associates
advising of their approval to reclassifyClinic), presented and read. Council Member
properties located on North side of GeraldineNagle moved that the communication be
Drive North and East of Valentine Drive fromreceived and filed. Seconded by Council
R-1 to PUD District, (Requested by A & MMember Nicholson. Carried by the following
Developers), presented and read. Councilvote: Yeas—Mayor Duggan, Council Members
Member Voetberg moved that theKluesner, Nagle, Nicholson, Voetberg.
communication be received and filed.Nays—None. Absent—Council Member
Seconded by Council Member Nagle. CarriedKrieg.
by the following vote: Yeas—Mayor Duggan,An Ordinance Amending Zoning Ordinance
Council Members Kluesner, Nagle, Nicholson,to reclassify properties located East of the
Voetberg. Nays—None. Absent—CouncilNorthwest Arterial, North of Highway 20 and
Member Krieg.South of Pennsylvania Avenue from R-1
An Ordinance Amending Zoning OrdinanceSingle-Family Residential District and R-3
to reclassify properties located on North sideMulti-Family Residential District to PUD
of Geraldine Drive North and East ofPlanned Unit Development, presented and
Valentine Drive from R-1 Single-Familyread. Council Member Nagle moved that a
Residential District to PUD Planned UnitPublic Hearing be held on the Ordinance at the
Development District with a PR PlannedCouncil Meeting of May 16, 1994 at 7:30 p.m.
Residential District designation, presented andin the Public Library Auditorium and that the
read. Council Member Voetberg moved thatCity Clerk publish notice in the manner
this be considered the first reading of theprescribed by law. Seconded by Council
Ordinance and that a Public Hearing be heldMember Nicholson. Carried by the following
on the Ordinance at the Council Meeting ofvote: Yeas—Mayor Duggan, Council Members
May 2, 1994 at 7:30 p.m. in the Public LibraryKluesner, Nagle, Nicholson, Voetberg.
Auditorium and that the City Clerk publishNays—None. Absent—Council Member
notice in the manner prescribed by law.Krieg.
127Regular Session, April 18, 1994
Communication of City Manager requestinga DREAMS home at 3257 Sheridan Rd.,
a public hearing be scheduled providing for thepresented and read. Council Member
transfer of jurisdiction of Marjo Quarry Road,Voetberg moved that the communication be
presented and read. Council Memberreceived and filed. Seconded by Council
Voetberg moved that the communication beMember Robbins. Carried by the following
received and filed. Seconded by Councilvote: Yeas—Mayor Duggan, Council Members
Member Nagle. Carried by the following vote:Kluesner, Nagle, Nicholson, Voetberg.
Yeas—Mayor Duggan, Council MembersNays—None. Absent—Council Member
Kluesner, Nagle, Nicholson, Voetberg.Krieg.
Nays—None. Absent—Council Member
Krieg.RESOLUTION NO. 140-94
RESOLUTION OF INTENTION TO
RESOLUTION NO. 139-94DISPOSE OF CITY-OWNED PROPERTY,
RESOLUTION OF INTENT TO DISPOSESPECIFICALLY, LOT 2 OF LOT 2 OF
OF CITY JURISDICTION ON ALOT 1 OF LOT 3 OF LOT 1, AND LOT 2
PORTION OF MARJO QUARRY ROADOF LOT 1 OF LOT 1 OF LOT 1 OF LOT
Whereas, the Marjo Quarry Road is2 OF LOT 1 OF LOT 3 OF LOT 1, BOTH
presently under the jurisdiction of the City ofOF THE SUBDIVISION OF: LOT 1 OF
Dubuque, Iowa; andLOT 1 OF LOT 1, AND LOT 1 OF LOT 1
Whereas, the Marjo Quarry Road alsoOF LOT 1 OF MINERAL LOT 324, IN
provides access to the Mines of SpainSECTION 12, TOWNSHIP 89 NORTH,
conservation area owned and operated by theRANGE 2 EAST OF THE 5TH P.m., IN
Iowa Department of Natural Resources; andTHE CITY OF DUBUQUE, COUNTY OF
Whereas, the City of Dubuque is desirousDUBUQUE, IOWA, ACCORDING TO
of transferring the portion of the Marjo QuarryTHE RECORDED PLAT THEREOF -3257
Road within the Mines of Spain property to theSHERIDAN ROAD.
Iowa Department of Natural Resources; andWhereas, the City of Dubuque has
Whereas, the Iowa Department of Naturalpurchased certain real property for a family
Resources has indicated their willingness toparticipating in the DREAMS Program;
accept the transfer of jurisdiction.Whereas, the City has received an offer to
NOW, THEREFORE, BE IT RESOLVEDpurchase this property from a qualifying
BY THE CITY COUNCIL OF THE CITY OFfamily; and
DUBUQUE, IOWA:Whereas, by accepting the selected offer the
Section 1. That the City Council intends toCity's objectives of providing first-time
transfer jurisdiction of that portion of thehomeownership to a moderate income buyer
Marjo Quarry Road extending from theand rehabilitation of an abandoned home can
intersection with the access road to the Julienbe realized;
Dubuque Monument to the north side of theNOW, THEREFORE, BE IT RESOLVED
Catfish Creek bridge to the Iowa DepartmentBY THE CITY COUNCIL OF THE CITY OF
of Natural Resources.DUBUQUE, IOWA:
Section 2. That the City Clerk be and isSection 1. That the City of Dubuque, Iowa,
hereby authorized and directed to cause aintends to dispose of its interest in the
notice of intent to dispose of the Cityfollowing legally-described property:
jurisdiction of that portion of the Marjo QuarryLot 2 of Lot 2 of Lot 1 of Lot 3 of Lot 1,
Road extending from the intersection with theand Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot
access road to the Julien Dubuque Monument2 of Lot 1 of Lot 3 of Lot 1, both of the
to the north side of the Catfish Creek bridge, toSubdivision of: Lot 1 of Lot 1 of Lot 1, and
be published in the manner as prescribed byLot 2 of Lot 1 of Lot 1 of Mineral Lot 324,
law.in Section 12, Township 89 North, Range 2
Passed, approved and adopted this 18th dayEast of the 5th P.m. in the City of
of April, 1994.Dubuque, County of Dubuque, Iowa,
Terrance M. Duggan, Mayoraccording to the recorded plat thereof.
Attest:Section 2. That the City of Dubuque, Iowa,
Mary A. Davis, City Clerkproposes to dispose of its interest in the above
Council Member Voetberg moved adoptiondescribed real estate to Amy M. Connolly for
of the Resolution and set it for Public Hearingthe sum of $26,500.
on May 2, 1994 at 7:30 p.m. in the PublicSection 3. That the City Council meet in
Library Auditorium and that the City Clerkthe Carnegie Stout Public Library Auditorium,
publish notice in the manner prescribed by11th and Bluff Streets, Dubuque, Iowa, at 7:30
law. Seconded by Council Member Nagle.p.m. on the 2nd of May, 1994, for the purpose
Carried by the following vote: Yeas—Mayorof holding a public hearing and taking final
Duggan, Council Members Kluesner, Nagle,action on the disposition of the above
Nicholson, Voetberg. Nays—None.described real estate in the City of Dubuque,
Absent—Council Member Krieg.Iowa.
Section 4. That the City Clerk be and she
Communication of City Manager requestingis hereby authorized and directed to cause a
to set a public hearing to consider disposing ofnotice of such public hearing and the City
Regular Session, April 18, 1994128
Council's intent to dispose of such property toproperty and to vacate the previous roadway
be published as prescribed under Iowa Codeeasement, and to grant an easement to Harold
Section 364.7.L. Moldt, Jr., and Joanne C. Moldt for parking
Passed, approved and adopted this 18th dayand storage.
of April, 1994.NOW, THEREFORE, BE IT RESOLVED
Terrance M. Duggan, MayorBY THE CITY COUNCIL OF THE CITY OF
Attest;DUBUQUE, IOWA:
Mary A. Davis, City ClerkSection 1. The City of Dubuque, Iowa,
Council Member Voetberg moved adoptionintends to dispose of an interest in real estate
of the Resolution and set it for Public Hearingby granting a roadway easement to Moldt and
on May 2, 1994 at 7:30 p.m. in the PublicLuber as shown on Exhibit "A" attached
Library Auditorium and that the City Clerkhereto, and an easement to Harold L. Moldt,
publish notice in the manner prescribed byJr., and Joanne C. Moldt for parking and
law. Seconded by Council Member Robbins.storage, said easements being located in the
Carried by the following vote: Yeas—Mayorarea of Front Street and also from Lot 338 of
Duggan, Council Members Kluesner, Nagle,Ham's Add. in the City of Dubuque to
Nicholson, Voetberg. Nays—None.Hawthorne Street.
Absent—Council Member Krieg.Section 2. A public hearing on the City's
intent to dispose of such interest in real estate
Communication of City Manager requestingis hereby set for the 2nd day of May, 1994, at
a public hearing be held regarding7:30 p.m. in the public library auditorium,
modification of easements at the Eagle Point11th and Locust, Dubuque, Iowa.
Water Plant, presented and read. CouncilSection 3. The City Clerk is hereby
Member Voetberg moved that theauthorized and directed to publish a notice of
communication be received and filed. the City's intent to dispose of its interest in the
Seconded by Council Member Nagle. Carriedforegoing real estate and of the public hearing
by the following vote: Yeas—Mayor Duggan,thereon.
Council Members Kluesner, Nagle, Nicholson,Passed, approved and adopted this 18th day
Voetberg. Nays—None. Absent—Councilof April, 1994.
Member Krieg.Terrance M. Duggan, Mayor
Attest:
RESOLUTION NO. 141-94Mary A. Davis, City Clerk
RESOLUTION OF INTENT TO DISPOSECouncil Member Voetberg moved adoption
OF INTEREST IN REAL ESTATE BYof the Resolution and set it for Public Hearing
APPROVING AN AGREEMENT FOR Aon May 2, 1994 at 7:30 p.m. in the Public
ROADWAY EASEMENT BETWEEN THELibrary Auditorium and that the City Clerk
CITY OF DUBUQUE, IOWA, ANDpublish notice in the manner prescribed by
HAROLD L. MOLDT, JR., AND JOANNElaw. Seconded by Council Member Nagle.
C. MOLDT, AND LLOYD LUBER ANDCarried by the following vote: Yeas—Mayor
MARLENE LUBER MELSSEN, AND ANDuggan, Council Members Kluesner, Nagle,
EASEMENT TO HAROLD L. MOLDT,Nicholson, Voetberg. Nays—None.
JR., AND JOANNE C. MOLDT FORAbsent—Council Member Krieg.
PARKING AND STORAGE, SAID
EASEMENTS BEING LOCATED IN THEPrinted Council Proceedings for months of
AREA OF FRONT STREET AND ALSOJune, July and August, 1993 for Council
FROM LOT 338 OF HAM'S ADD. IN THEapproval, presented and read. Council
CITY OF DUBUQUE TO HAWTHORNEMember Voetberg moved that the proceedings
STREET.be approved as printed. Seconded by Council
Whereas, the City of Dubuque, Iowa, andMember Nagle. Carried by the following vote:
Harold L. Moldt, Jr., and Joanne C. Moldt,Yeas—Mayor Duggan, Council Members
husband and wife, and Lloyd Luber andKluesner, Nagle, Nicholson, Voetberg.
Marlene Luber Melssen in 1967 entered intoNays—None. Absent—Council Member
an Agreement to facilitate the Dubuque, Iowa,Krieg.
Local Flood Protection Project, pursuant to
which Front Street was vacated, and inMINUTES SUBMITTED --Community
consideration for which a roadway easementDevelopment Commission of 1-12; HPC of 1-
was to be granted by the City to Moldt and26, 2-9 & 3-23 Library Board of 3-31; Park &
Luber for access to property owned by MoldtRecreation Commission's Roosevelt Park
and Luber over and across property owned byStudy Committee of 3-22; Zoning Board of
the City of Dubuque that is now the MunicipalAdjustment of 3-23, presented and read.
Water Works, and which property is shown onCouncil Member Voetberg moved that the
Exhibit "A" attached hereto, said easementminutes be received and filed. Seconded by
being located in the area of Front Street andCouncil Member Nagle. Carried by the
also from Lot 338 of Ham's Add. in the City offollowing vote: Yeas—Mayor Duggan, Council
Dubuque to Hawthorne Street; andMembers Kluesner, Nagle, Nicholson,
Whereas, the parties now desire to provideVoetberg. Nays—None. Absent—Council
a different access to the Moldt and LuberMember Krieg.
129Regular Session, April 18, 1994
NOTICE OF CLAIMS/SUITS -- LynnRESOLUTION NO. 142-94
Bruns in amount of $500.00 for vehicleA RESOLUTION AMENDING
damages; Tony J. Dailey in amount of $910.01RESOLUTION NO. 421-93 APPROVING
for vehicle damages; Madeline Krier inTHE FINAL PLAT OF BLOCKS 1, 2 AND
unknown amount for personal injuries;3 AND LOT C OF TIFFANY RIDGE IN
Michael Schetgen in amount of $169.85 forTHE CITY OF DUBUQUE, IOWA.
vehicle damages, presented and read. CouncilWhereas, the City Council has adopted
Member Voetberg moved that the claims andResolution No. 421-93 approving the final plat
suits be referred to the Corporation Counselof Blocks 1, 2 and 3 and Lot C of Tiffany
for investigation and report. Seconded byRidge in the City of Dubuque, Iowa; and
Council Member Nagle. Carried by theWhereas, said final plat has been recorded
following vote: Yeas—Mayor Duggan, Councilwith the County of Dubuque, Iowa, as
Members Kluesner, Nagle, Nicholson,Instrument No. 2317-94, filed on February 14,
Voetberg. Nays—None. Absent—Council1994; and
Member Krieg.Whereas, the property owner, Wayne
Briggs, of Briggs Enterprises, Inc., has
Communications of Corporation Counselaccepted Resolution No. 421-93 and the
recommending settlement of following claims:necessary security has been timely and
Sewer backup of John A. Brennan in amountproperly filed.
of $45.00; Car damage of ChristopherNOW THEREFORE, BE IT RESOLVED
Williams in amount of $505.22, presented andBY THE CITY COUNCIL OF THE CITY OF
read. Council Member Voetberg moved thatDUBUQUE, IOWA:
the communications be received and filed andSection 1. Resolution No. 421-93 is hereby
settlement approved with Finance Director toamended to include the amended Acceptance
issue checks. Seconded by Council Memberof Resolution attached hereto; and
Nagle. Carried by the following vote:Section 2. The Mayor and City Clerk are
Yeas—Mayor Duggan, Council Membershereby authorized and directed to endorse the
Kluesner, Nagle, Nicholson, Voetberg.approval of the City of Dubuque, Iowa, upon
Nays—None. Absent—Council Memberthis resolution.
Krieg.Passed, approved and adopted this 18th day
of April, 1994.
Communications of Corporation CounselTerrance M. Duggan, Mayor
advising the following claims have beenAttest:
referred to Crawford & Company, the agentMary A. Davis, City Clerk
for the Iowa Communities Assurance Pool:ACCEPTANCE OF RESOLUTION NO.
Personal injury of Shawn Menadue; Car421-93
damage of Melaine Olson, presented and read.I, the undersigned, on behalf of Briggs
Council Member Voetberg moved that theEnterprises, Inc., having read the terms and
communications be received and filed. conditions of the Resolution No. 421-93 and
Seconded by Council Member Nagle. Carriedbeing familiar with the conditions thereof,
by the following vote: Yeas—Mayor Duggan,hereby accept this same and agree to the
Council Members Kluesner, Nagle, Nicholson,conditions required therein.
Voetberg. Nays—None. Absent—CouncilDated in Dubuque, Iowa this 3rd day of
Member Krieg. February, 1994.
BRIGGS ENTERPRISES, INC.
Proof of Publication certified to by theBy /s/ Wayne A. Briggs, President/Secretary
Publisher on List of Claims paid for month ofTO: Mary A. Davis, City Clerk
February, 1994, presented and read. CouncilThis is to certify that the necessary security
Member Voetberg moved that the proof offor the foregoing Resolution No. 142-94 has
publication be received and filed. Seconded bybeen timely and properly filed.
Council Member Nagle. Carried by theDated at Dubuque, Iowa this 11th day of
following vote: Yeas—Mayor Duggan, CouncilFebruary, 1994.
Members Kluesner, Nagle, Nicholson,Michael C. Van Milligen, City Manager
Voetberg. Nays—None. Absent—CouncilCouncil Member Voetberg moved adoption
Member Krieg.of the Resolution. Seconded by Council
Member Nagle. Carried by the following vote:
Communication of City ManagerYeas—Mayor Duggan, Council Members
submitting resolution showing proper owners'Kluesner, Nagle, Nicholson, Voetberg.
name for final plat of Tiffany Ridge, presentedNays—None. Absent—Council Member
and read. Council Member Voetberg movedKrieg.
that the communication be received and filed.
Seconded by Council Member Nagle. CarriedPetition of Dubuque Golf and Country Club
by the following vote: Yeas—Mayor Duggan,requesting fireworks display on July 4 at 9:00
Council Members Kluesner, Nagle, Nicholson,p.m. on their grounds, presented and read.
Voetberg. Nays—None. Absent—CouncilCouncil Member Voetberg moved that they
Member Krieg.approve the petition with City Manager to
implement. Seconded by Council Member
Regular Session, April 18, 1994130
Nagle. Carried by the following vote:Nays—None. Absent—Council Member
Yeas—Mayor Duggan, Council MembersKrieg.
Kluesner, Nagle, Nicholson, Voetberg.
Nays—None. Absent—Council MemberCouncil recessed at 9:15 p.m.; Council
Krieg.reconvened at 9:18 p.m.
Communication of Zoning CommissionLanette Gremmel of Peru Road requested
approving final plat for Futuro Court, West ofthat the speed limit on Peru Road be reduced
Chavenelle Road, presented and read. Councilduring this time of reconstruction.
Member Voetberg moved that the
communication be received and filed. There being no further business, Council
Seconded by Council Member Nagle. CarriedMember Voetberg moved to adjourn.
by the following vote: Yeas—Mayor Duggan,Seconded by Council Member Nicholson.
Council Members Kluesner, Nagle, Nicholson,Carried by the following vote: Yeas—Mayor
Voetberg. Nays—None. Absent—CouncilDuggan, Council Members Kluesner, Nagle,
Member Krieg.Nicholson, Voetberg. Nays—None.
Absent—Council Member Krieg. Meeting
RESOLUTION NO. 143-94adjourned at 9:33 p.m.
A RESOLUTION APPROVING THEMary A. Davis CMC
FINAL PLAT OF LOTS 1 THRU 3 OFCity Clerk
DUBUQUE INDUSTRIAL CENTER,
NINTH ADDITION, IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat Lots 1 thru 3 of Dubuque
Industrial Center, Ninth Addition in the City of
Dubuque, Iowa; and
Whereas, said final plat has been examined
by the Zoning Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been examined
by the City Council and they find that it
conforms to the statutes and ordinances
relating to it.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat of Lots 1 thru 3 of
Dubuque Industrial Center, Ninth Addition, is
hereby approved and the Mayor and City
Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said final plat.
Passed, approved and adopted this 18th day
of April, 1994.
Terrance M. Duggan, Mayor
ATTEST:
Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Voetberg.
Nays—None. Absent—Council Member
Krieg.
IA DOT submitting "In the Matter of the
Condemnation of certain rights in Land for the
improvement of relocated Primary Road No.
U.S. 20" for property at 32 S. Grandview Ave.,
presented and read. Council Member
Voetberg moved that the Notice be received
and filed. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Nagle, Nicholson, Voetberg.
131Regular Session, April 18, 1994
Approved ______________________, 1995.
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk
Special Session, April 25, 1994134
Approved ______________________, 1995.
DUBUQUE
Adopted _______________________, 1995.
CITY COUNCIL
____________________________________
Mayor
OFFICIAL
____________________________________
PROCEEDINGS
____________________________________
Special Session, City Council, April 25,
1994
____________________________________
Council Met at 7:00 P.m., Conference
Room "B", City Hall
Present: Mayor Duggan, Council Members
____________________________________
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael C. Van
Milligen, Corporation Counsel Barry A.
____________________________________
Lindahl.
Also Present: Pauline Joyce, Randy Peck.
____________________________________
Council Members
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
for the purpose to go into Closed Session inAttest:
accordance with Ch. 20.17 to conduct a
strategy meeting of public employer.
____________________________________
City Clerk
Council Member Voetberg moved to go into
Closed Session in accordance with Chapter
20.17 of the Code of Iowa to conduct a
strategy meeting of public employer.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
Council reconvened Regular Session at 9:14
p.m.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. The Meeting
adjourned at 9:15 p.m.
Mary A. Davis CMC
City Clerk