Loading...
1995 September Council ProceedingsRegular Session, September 5, 19952 referred to the Legal Staff for investigation and DUBUQUE report. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, CITY COUNCIL Nagle, Nicholson, Robbins, Voetberg. Nays—None. OFFICIAL Corporation Counsel advising car damage claim of Linda J. Gibbons has been administra- PROCEEDINGS tively closed, presented and read. Council Member Nagle moved that the communication be received and filed. Seconded by Council Member City Council, Regular Session, Tuesday, Sept. Nicholson. Carried by the following vote: 5, 1995 Yeas—Mayor Duggan, Council Members Council met at 7:00 p.m., Public Library Kluesner, Krieg, Nagle, Nicholson, Robbins, Auditorium. Voetberg. Nays—None. Present: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Corporation Counsel recommending denial of Voetberg, City Manager Michael Van Milligen, following claims: Property damage of David J. Corporation Counsel Barry A. Lindahl Gorde; Car damage of Rosemary M. Kline; Property damage of Mike Spautz, presented and Mayor Duggan read the call and stated this is read. Council Member Nagle moved that the the Regular Session of the City Council called for communications be received and filed and the purpose to act upon such business which may approved denials. Seconded by Council Member properly come before the Council. Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Invocation was given by Rev. Dean Kelly, Kluesner, Krieg, Nagle, Nicholson, Robbins, Pastor of St. Luke's United Methodist Church. Voetberg. Nays—None. PROCLAMATIONS — Sept. 3-10 as "Union Corporation Counsel advising following claims Label Week;" Sept. 17-23 as "Youth Leadership have been referred to Crawford & Company, the Week" received by Jim Peters; Sept. 16th as "End agent for the Iowa Communities Assurance Pool: of the Summer Bash '95 Day" received by Andrea Personal injury and car damage of Vicky Mueller; Shickles. Property damage of R. J. Realty, presented and read. Council Member Nagle moved that the MINUTES SUBMITTED — Civil Service communications be received and filed. Seconded Commission of 7-19; DMATS Policy Committee by Council Member Nicholson. Carried by the of 7-14; Environmental Stewardship Commission following vote: Yeas—Mayor Duggan, Council of 8-1; Five Flags Commission of 8-21; Historic Members Kluesner, Krieg, Nagle, Nicholson, Preservation Commission of 8-10 & 8-24; Robbins, Voetberg. Nays—None. Housing Commission of 8-8; Housing Commission Trust Fund Committee of 8-10; Finance Director submitting Financial Reports Library Board of Trustees of 8-3; Long Range for month July 31, 1995, presented and read. Planning Commission of 7-26; Park & Recreation Council Member Nagle moved that the reports be Commission of 8-8; Plumbing Board of 8-21, received and filed. Seconded by Council Member presented and read. Council Member Nagle Nicholson. Carried by the following vote: moved that the minutes be received and filed. Yeas—Mayor Duggan, Council Members Seconded by Council Member Nicholson. Carried Kluesner, Krieg, Nagle, Nicholson, Robbins, by the following vote: Yeas—Mayor Duggan, Voetberg. Nays—None. Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. REFUNDS REQUESTED — Sheryl Hess, $75.00 on unexpired Cigarette License, presented Certification of Publication on printed Council and read. Council Member Nagle moved that the Proceedings for meetings of 8-7 & 8-11-95, refund be approved and the Finance Director to presented and read. Council Member Nagle issue the proper check. Seconded by Council moved that the certification be received and filed. Member Nicholson. Carried by the following vote: Seconded by Council Member Nicholson. Carried Yeas—Mayor Duggan, Council Members by the following vote: Yeas—Mayor Duggan, Kluesner, Krieg, Nagle, Nicholson, Robbins, Council Members Kluesner, Krieg, Nagle, Voetberg. Nays—None. Nicholson, Robbins, Voetberg. Nays—None. Ron Smith requesting 180 day extension for NOTICES OF CLAMS/SUITS — Joy Baker Loras Estates Subd., to submit necessary bonding in unknown amount for personal injuries; Rogette required and City Manager recommending J. Berg, on behalf of son Scott, in amount of $200 approval to grant extension for above, presented for personal injuries; Elmer H. Harter in the and read. Council Member Nagle moved that the amount of $228.20 for property damages; M. communications be received and filed and Louise Kowalske in unknown total amount, for approved request. Seconded by Council Member personal injuries; Kreg Reeder in amount of Nicholson. Carried by the following vote: $2,202.29 for vehicle damages; Doug & Therese Yeas—Mayor Duggan, Council Members Spyrison in amt. of $800.00 for backed-up sewer Kluesner, Krieg, Nagle, Nicholson, Robbins, damages; Maggie Stecher in est. amt. of $328.07 Voetberg. Nays—None. for vehicle damages, presented and read. Council Member Nagle moved that the claims and suits be RESOLUTION NO. 310-95 3Regular Session, September 5, 1995 sole expense of the owners, Ron and Jan Smith, RESOLUTION RESCINDING RESOLUTION NO. 17-95 ANDor their successors as assigned. REAFFIRMING THE FINAL PLAT OFe.To construct said improvements within two LORAS ESTATES IN THE CITY OFyears from the date of adoption of this resolution by the City of Dubuque, Iowa. DUBUQUE, IOWA. Whereas, there has been filed with the Cityf.Sidewalks shall be provided adjoining the Clerk, a final plat of Loras Estates in the City ofstreet. Dubuque, Iowa; andg.All improvements of said property conform to Whereas, upon said final plat appears certainthe conceptual development plan of Loras public utility easements which the owners, by saidEstates' PR Planned Residential District or its plat, have dedicated to the public forever; andamendments as approved by the Dubuque City Whereas, upon said final plat appeared aCouncil by Ordinance No. 56-92. certain private street to be owned by andSection 4. That Ron and Jan Smith, as owners, maintained to City standards at the sole expense ofshall secure the foregoing conditions by providing the owners or their successors as assigned; andsecurity in such form and with such surety as may Whereas, said final plat has been examined bybe approved by the City Manager. the Zoning Commission and had its approvalSection 5. That in the event Ron and Jan endorsed thereon, subject to the owners agreeing toSmith, as owners, fail to execute the acceptance certain conditions set forth in the original approvaland furnish the security provided for in Section 4 of said plat; andwithin 180 days from the date of this resolution, Whereas, said final plat was examined by thethe provision hereof shall be null and void and the City Council and the City Council found that itacceptance of the dedication and approval of the conformed with the statutes and ordinancesfinal plat shall not be effective. relating thereto, except that the drive grades havePassed, approved and adopted this 5th day of not been established, nor had all driveways beenSeptember, 1995. brought to grade and not all the paving installed;Terrance M. Duggan, Mayor andAttest: Whereas, the City Council concurred in theMary A. Davis, City Clerk conditions of approval established by the ZoningACCEPTANCE OF RESOLUTION Commission; andNO. 310-95 Whereas, the City Council in Resolution No.We, the undersigned, Ron and Jan Smith, having 17-95 on February 6, 1995, has reaffirmed theread the terms and conditions of the Resolution approval of the final plat of Loras Estates; andNo. 310-95 and being familiar with the conditions Whereas, the City Council concurs in thethereof, hereby accept this same and agree to the conditions of approval established in the previousconditions required therein. approval.Dated in Dubuque, Iowa this ___ day of NOW THEREFORE, BE IT RESOLVED BY_______________, 1995. THE CITY COUNCIL OF THE CITY OFNOT SIGNED AS OF JANUARY 19, 1996 DUBUQUE, IOWA:By Section 1. That the final plat of Loras Estates, Ron Smith as set forth in Resolution No. 17-95 is herebyBy rescinded.Jan Smith Section 2. That the easement for publicCouncil Member Nagle moved adoption of the utilities, sewer and water, as they appear upon saidResolution. Seconded by Council Member final plat, be and the same is hereby accepted.Nicholson. Carried by the following vote: Section 3. The approval of the final plat ofYeas—Mayor Duggan, Council Members Loras Estates in the City of Dubuque, Iowa, isKluesner, Krieg, Nagle, Nicholson, Robbins, hereby reaffirmed and the Mayor and City ClerkVoetberg. Nays—None. are hereby authorized and directed to endorse theCity Manager recommending approval of approval of the City of Dubuque, Iowa, upon saidFighting Saints contract for 1995-1996 to use Five final plat, provided the owners of said propertyFlags, presented and read. Council Member Nagle herein named execute their written acceptancemoved that the communication be received and hereto attached agreeing:filed and approved. Seconded by Council a.To reduce Justin Lane to grade and to hardMember Nicholson. Carried by the following vote: surface the street of Loras Estates withYeas—Mayor Duggan, Council Members bituminous concrete or with concrete paving,Kluesner, Krieg, Nagle, Nicholson, Robbins, all in accordance with the approved plans onVoetberg. Nays—None. file in the Office of the City Engineer, City of Dubuque, Iowa.Diane Tekippe requesting further inspection b.To install sanitary sewer mains and sewerregarding her personal injury claim, presented and service laterals into each individual lot, waterread. Council Member Nagle moved that the mains and water service laterals into eachclaim be referred to the City Manager. Seconded individual lot, storm sewers and catch basins,by Council Member Nicholson. Carried by the and erosion control devices, all in accordancefollowing vote: Yeas—Mayor Duggan, Council wit the construction improvement plansMembers Kluesner, Krieg, Nagle, Nicholson, approved by the City Engineer and inspected byRobbins, Voetberg. Nays—None. the City Engineer. c.To provide perpetual maintenance for allCity Manager submitting a revised Citizens detention areas and erosion control devices atParticipation Plan, presented and read. Council the sole expense of the owners, Ron and JanMember Nagle moved that the communication be Smith, or successors as assigned.received and filed. Seconded by Council Member d. To provide the foregoing construction andNicholson. Carried by the following vote: maintenance of all said improvements at theYeas—Mayor Duggan, Council Members Regular Session, September 5, 19954 Kluesner, Krieg, Nagle, Nicholson, Robbins,Section 1. That the Street Finance Report for Voetberg. Nays—None.the period July 1, 1994 to June 30, 1995 be and the same is hereby approved and that the City RESOLUTION NO. 311-95Clerk is hereby authorized and directed to file said report with the Iowa Department of RESOLUTION ADOPTING A REVISED CITIZEN PARTICIPATION PLAN FORTransportation. THE DEVELOPMENT OF THE CITY'SPassed, approved and adopted this 5th day of September, 1995. COMMUNITY DEVELOPMENT BLOCK Terrance M. Duggan, Mayor GRANT PROGRAM. Whereas, on September 8, 1992, the CityAttest: Council of the City of Dubuque, Iowa adopted aMary A. Davis, City Clerk Citizen Participation Plan (the "Plan") whichCouncil Member Nagle moved adoption of the provided for the development of the City'sResolution. Seconded by Council Member Community Development Block Grant (CDBG)Nicholson. Carried by the following vote: Program; andYeas—Mayor Duggan, Council Members Whereas, said Plan must be revised to meet newKluesner, Krieg, Nagle, Nicholson, Robbins, federal regulations regarding the ConsolidatedVoetberg. Nays—None. Planning process; and Whereas, said Plan provides new opportunitiesCity Manager recommending approval of for citizen access to the development of the CDBGPurchase of Services Agreements for Fiscal Year program; and1996 between the City and Project Concern, Inc., Whereas, said Plan will coordinate andWashington Neighborhood Tool Library and integrate the development of the CDBG budgetChamber of Commerce for the Convention and with the City's annual goal-setting and overallVisitors Bureau, presented and read. Council budget process; andMember Nagle moved that the communication be Whereas, the City's Community Developmentreceived and filed. Seconded by Council Member Commission held a public hearing to solicitNicholson. Carried by the following vote: comments on the Plan and recommends itsYeas—Mayor Duggan, Council Members adoption by the City Council.Kluesner, Krieg, Nagle, Nicholson, Robbins, NOW THEREFORE, BE IT RESOLVED BYVoetberg. Nays—None. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:RESOLUTION NO. 313-95 Section 1. That the attached revised CitizenRESOLUTION APPROVING A SERVICES Participation Plan for the Development of the AGREEMENT BETWEEN THE CITY OF City's Community Development Block Grant DUBUQUE AND PROJECT CONCERN, Program is hereby adopted.INC. AND AUTHORIZING AND Section 2. That the Plan will become effectiveDIRECTING THE CITY MANAGER TO on October 1, 1995. EXECUTE SAID AGREEMENT ON Section 3. That the Plan will remain on file inBEHALF OF THE CITY OF DUBUQUE, the Community and Economic DevelopmentIOWA Department as required by the U.S. Department ofWhereas, the City of Dubuque has negotiated Housing and Urban Development.with Project Concern Inc., to continue to provide Passed, approved, and adopted this 5th day ofinformation and referral services that will aid the September 1995.City of Dubuque in meeting the needs of low and Terrance M. Duggan, Mayormoderate income persons; and Whereas, the terms and conditions under which Attest:Project Concern/Phone-A-Friend, Inc. will provide Mary A. Davis, City Clerkthe above-described services are set forth in a Council Member Nagle moved adoption of thePurchase of Services Agreement, a copy of which Resolution. Seconded by Council Memberis hereto attached and by this reference made a part Nicholson. Carried by the following vote:hereof. Yeas—Mayor Duggan, Council MembersNOW, THEREFORE, BE IT RESOLVED BY Kluesner, Krieg, Nagle, Nicholson, Robbins,THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None.DUBUQUE, IOWA: Section 1. That the attached Services City Manager recommending approval ofAgreement by and between the City of Dubuque, Fiscal Year 1995 Street Finance Report, presentedIowa and Project Concern Inc. be and the same is and read. Council Member Nagle moved that thehereby approved. communication be received and filed. SecondedSection 2. That the City Manager be and he is by Council Member Nicholson. Carried by thehereby authorized and directed to execute said following vote: Yeas—Mayor Duggan, CouncilAgreement for and on behalf of the City of Members Kluesner, Krieg, Nagle, Nicholson,Dubuque, Iowa. Robbins, Voetberg. Nays—None.Passed, approved and adopted this 5th day of September, 1995. Terrance M. Duggan, Mayor RESOLUTION NO. 312-95Attest: RESOLUTION APPROVING THE CITY OFMary A. Davis, City Clerk Council Member Nagle moved adoption of the DUBUQUE FISCAL YEAR 1995 STREET FINANCE REPORTResolution. Seconded by Council Member NOW, THEREFORE, BE IT RESOLVED BYNicholson. Carried by the following vote: THE CITY COUNCIL OF THE CITY OFYeas—Mayor Duggan, Council Members DUBUQUE, IOWA:Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. 5Regular Session, September 5, 1995 Mary A. Davis, CMC, Secretary RESOLUTION NO. 314-95 RESOLUTION APPROVING A SERVICECouncil Member Nagle moved that this AGREEMENT BETWEEN THE CITY OFcertification be made a matter of record. Seconded DUBUQUE AND WASHINGTONby Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council NEIGHBORHOOD TOOL LIBRARY AND AUTHORIZING AND DIRECTING THEMembers Kluesner, Krieg, Nagle, Nicholson, CITY MANAGER TO EXECUTE SAIDRobbins, Voetberg. Nays—None. AGREEMENT ON BEHALF OF THE CITY Council Member Nagle moved that the rules be OF DUBUQUE, IOWA Whereas, the City of Dubuque has negotiatedsuspended to allow anyone present to address the with Washington Neighborhood Tool Library, toCouncil if they so desire. Seconded by Council Member Nicholson. Carried by the following vote: continue to provide a tool lending service; and Whereas, the terms and conditions under whichYeas—Mayor Duggan, Council Members Washington Neighborhood Tool Library willKluesner, Krieg, Nagle, Nicholson, Robbins, provide the above-described services as set forth inVoetberg. Nays—None. a Service Agreement, a copy of which is hereto attached and by this reference made a part hereof;Proof of Publication certified to by the andPublisher on Notice of Public Hearing to consider Whereas, the activities as delineated in thereclassifying University of Dubuque property located North of Dodge Street between Devon Service Agreement comply with the primary objectives of the Housing and CommunityDrive and Collins St., presented and read. Council Development Act of 1974, as amended, andMember Voetberg moved that the proof be comply with one or more of the "Nationalreceived and filed. Seconded by Council Member Objectives."Nicholson. Carried by the following vote: NOW, THEREFORE, BE IT RESOLVED BYYeas—Council Members Krieg, Nagle, Nicholson, THE CITY COUNCIL OF THE CITY OFRobbins, Voetberg. Nays—Mayor Duggan, Council Member Kluesner. DUBUQUE, IOWA: Section 1. That the attached ServiceObjections regarding above reclassification Agreement by and between the City of Dubuque,received from the following: Petition containing 23 Iowa, and the Washington Neighborhood Toolsignatures; Genevieve and Milo Mills, M/M C. P. Donovan, Carole and Thomas Carroll, Mrs. Nila Library, Inc. be and the same is hereby approved. Section 2. That the City Manager be and he isScott, Marcella M. Tigges, Allen C. & Jeanne R. hereby authorized and directed to execute saidKane, Les Entringer, Robert L. & Jeanette H. Agreement for and on behalf of the City ofSchreiber, Virginia Diers and Sally Kahle, presented and read. Council Member Voetberg Dubuque, Iowa. Passed, approved and adopted this 5th day ofmoved that the objections be received and filed. September, 1995.Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Council Members Terrance M. Duggan, Mayor Attest:Krieg, Nagle, Nicholson, Robbins, Voetberg. Mary A. Davis, City ClerkNays—Mayor Duggan, Council Member Council Member Nagle moved adoption of theKluesner. John Agria as Pres. of University of Dubuque, Resolution. Seconded by Council Member Nicholson. Carried by the following vote:Rick North from the Dial Corp., Tracey Wagner, Yeas—Mayor Duggan, Council MembersRuss May, Paul Rossiter, Dan Hammel, and Tim Kluesner, Krieg, Nagle, Nicholson, Robbins,Pancratz, all spoke giving specifics and/or requesting rezoning as amended. Voetberg. Nays—None. Carole Carroll, Patti Carr, Bob Schreiber, Allen August 31, 1995Carew, Denise Bergfeld, Jeannette Schreiber, Ann Schreiber all spoke objecting to the proposed Honorable Mayor and Members of the City Councilrezoning stating traffic and other concerns. In accordance with the provisions of ChapterAn Ordinance Amending Zoning Ordinance & 400 of the 1995 Code of Iowa, the Civil ServiceMap by reclassifying property located North of Dodge Street between Devon Drive and Collins Commission conducted written entrance examination on August 31, 1995 for the positionStreet from ID Institutional District to PUD of Environmental Sanitarian within the HealthPlanned Unit Development District with a PC Division.Planned Commercial Designation and adopting a Conceptual Development Plan, with conditions, We hereby certify that the following individuals have passed the written examination and are on thefirst & second readings given on 8-21-95, first list to be certified for appointment.presented for further action. Richard J. MillerCarol M. KrayerCouncil Member Nicholson moved to amend Douglas U. PayneTimothy A. Linkthe proposed Ordinance by amending the legal Steven GillesDonna Maydescription to reduce the land area being Mary Patricia CoyleShane S. Hackworthconsidered for rezoning. Seconded by Council Member Voetberg. Carried by the following vote: Steven M. GrundJean A. Schmitz We request that the appointment be made fromYeas—Mayor Duggan, Council Members Krieg, this list.Nagle, Nicholson, Robbins, Voetberg. A second list is available, if needed.Nays—Council Member Kluesner. Council Member Nicholson moved to amend Respectfully submitted, /s/ Thomas E. Rawsonthe proposed Ordinance to restrict the Office ChairpersonBuilding to no more than 18,000 sq. feet with a James N. Feehanlimit of two stories and also to switch the placement of the Office Building and the Motel. Civil Service Commission Attest:Seconded by Council Member Nagle. Carried by Regular Session, September 5, 19956 the following vote: Yeas—Council MembersSection 2. That pursuant to Iowa Code Section Kluesner, Krieg, Nagle, Nicholson, Robbins,414.5(1993), and as an express condition of the Voetberg. Nays—Mayor Duggan.reclassification, the undersigned property owner Council Member Nicholson moved to amendagrees to the following conditions, all of which the the proposed Ordinance to eliminate the sidewalkproperty owner further agrees are reasonable and requirement on the north side of the property.imposed to satisfy the public needs that are caused Seconded by Council Member Nagle. Carried bydirectly by the zoning reclassification. the following vote: Yeas—Mayor Duggan,A.Use Regulations. Council Members Kluesner, Krieg, Nagle,The following regulations shall apply to all Nicholson, Robbins, Voetberg. Nays—None.uses made of land in the above described PUD Council Member Nicholson moved to amendPlanned Unit Development District: the proposed Ordinance to limit the Sign Height to1)Principal permitted uses shall be limited 40 ft. with a sign area of 560 sq. ft. Seconded byto: Council Member Nagle. Carried by the followinga)General offices [14] vote: Yeas—Mayor Duggan, Council Membersb)Motel [24] Kluesner, Krieg, Nagle, Nicholson, Robbins,c)Indoor restaurant [20] Voetberg. Nays—None. d)Medical office/clinic [36] Council Member Nicholson moved to amend2)The use of the 18,000 sq. ft. building will the proposed Ordinance to restrict the lighting to abe limited to general offices [14] and maximum of 25 ft. Seconded by Council Membermedical office/clinic [36] only. Krieg. Carried by the following vote:3)Accessory uses shall include any use Yeas—Mayor Duggan, Council Memberscustomarily incidental and subordinate to Kluesner, Krieg, Nagle, Nicholson, Robbins,the principal use it serves. Voetberg. Nays—None. [ ]Parking Group—See Section 4-2 of the Zoning Ordinance (OFFICIAL PUBLICATION)B.Lot and Bulk Regulations. Development of land in the PUD Planned Unit ORDINANCE NO. 52-95 AN ORDINANCE AMENDING APPENDIXDevelopment District shall be regulated as A (THE ZONING ORDINANCE) OF THEfollows: CITY OF DUBUQUE CODE OF1)All building structures and activities shall be located in substantial conformance ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTYwith the attached conceptual development LOCATED NORTH OF DODGE STREETplan and all final site development plans are to be approved in accordance with BETWEEN DEVON DRIVE AND COLLINS provisions of the PUD District STREET FROM ID INSTITUTIONAL DISTRICT TO PUD PLANNED UNITregulations. DEVELOPMENT DISTRICT WITH A PC2) The 18,000 sq. ft. office building shall be a maximum of two stories in height. PLANNED COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL3)All buildings and structures shall provide DEVELOPMENT PLAN, WITHa front yard setback of a minimum 20 feet CONDITIONS.from the front property line. NOW, THEREFORE, BE IT ORDAINED BY4)A maximum building height of 40 feet THE CITY COUNCIL OF THE CITY OFshall be allowed. DUBUQUE, IOWA:C.Performance Standards. Section 1. That Appendix A (the ZoningThe development and maintenance of uses in Ordinance) of the City of Dubuque Code ofthis PUD Planned Unit Development District Ordinances is hereby amended by reclassifying theshall be established in conformance with hereinafter described property from IDSection 3-5.5 of the Dubuque Zoning Institutional District to PUD Planned UnitOrdinance and the following standards: Development District, with a PC Planned1)Primary access to the district shall be by a Commercial designation and adopting aright-in/right-out intersection designed to conceptual development plan, a copy of which isIowa Department of Transportation attached to and made a part hereof, to wit:standards and approved by same. That portion of Lot 1-1 of Steffen's Place except2)An emergency secondary access to the the West 120 feet as described below:district shall be provided from the north or Commencing at the Southeast corner of Lot 2-1-1-east, in a manner and location acceptable 1 of Clarence Polfer Place, The Point ofto the City of Dubuque Fire Department. Beginning: Thence Northerly along the East line of3)The 18,000 sq. ft. office building shall be said Lot 2-1-1-1 to the South corner of Lot 2-3,located in the northwest corner of he site, Block IX of Steger Heights; Thence Northerlyand the motel shall be located in the along the East line of Block IX of Steger Heightsnortheast corner of the site. to the Southwest corner of Lot 2-1 of Steffen's4)Final site plans will be submitted to the Place; Thence Easterly along the South line of saidZoning Commission for its review as an Lot 2-1 to the Southeast corner of Lot 2-1; Thenceaction item. Northerly along the East line of said Lot 2-1 & Lot5)Lighting shall be provided per City 2 a distance of 227 feet; Thence Easterly 707 feetstandards with a maximum light standard to the West boundary of the existing PR District;height of 25 feet. Thence Southerly along the West boundary of said6)Landscaping shall be provided in PR District to the IDOT ROW (Right of Way) forcompliance with Section 4.4 of the Zoning U.S. Hwy 20; Thence Westerly along the IDOTOrdinance and as stipulated in the ROW to the Southeast corner of Lot 2-1-1-1 ofconceptual development plan, with a Clarence Polfer Place, the Point of Beginning.landscaping plan to be submitted at the time of final site plan approval. 7Regular Session, September 5, 1995 7)All utilities including telephone and cableSection 3. The foregoing amendment has television shall be installed underground.heretofore been reviewed by the Zoning 8)Final site development plans shall beCommission of the City of Dubuque, Iowa. submitted in accordance with Section 4-4Section 4. This ordinance shall take effect of the Zoning Ordinance of the City ofimmediately upon publication, as provided by law. Dubuque, Iowa prior to construction ofPassed, approved and adopted this 5th day of each building.September, 1995. 9)Parking for the PUD District shall be asTerrance M. Duggan, Mayor per the parking group for the designatedAttest: use or in accordance with Section 4-2 ofMary A. Davis, City Clerk the Zoning Ordinance.ACCEPTANCE OF ORDINANCE NO. 52-95 10)The conceptual development plan shallWe, John Agria, President of the University of serve as a preliminary plat for this PUDDubuque, property owner, and Rick North, Vice District. Requirements for frontage on aPresident of Dial Realty Corporation, having read public or private street under Section 42-the terms and conditions of the foregoing 19 of the Subdivision Regulations areOrdinance No. 52-95 and being familiar with the hereby waived in accordance with Sectionconditions thereof, hereby accept this same and 42-11 of the Subdivision Regulations.agree to the conditions required therein. 11)Final subdivision plats will be submittedDated in Dubuque, Iowa this 5th day of in accordance with the September, 1995. Subdivision Regulations of the City ofBy /s/ John J. Agria, President Dubuque.University of Dubuque D.Open Space and Recreational Areas.By /s/ Rick North, Vice President Those areas not designated on the conceptualDial Realty Corporation development plan for development shall bePublished officially in the Telegraph Herald maintained as open space, as defined by Section 8this 6th day of October, 1995. of the Zoning Ordinance by the property owner 1t 10/6Mary A. Davis CMC, City Clerk and/or association.Council Member Voetberg moved final E.Sign Regulations.consideration and passage of the Ordinance, as On-premise signage shall be provided inamended. Seconded by Council Member compliance with the following: A single center Nicholson. Carried by the following vote: identification sign with space for tenantYeas—Council Members Krieg, Nagle, Nicholson, identification, limited to 40 feet in height withRobbins, Voetberg. Nays—Mayor Duggan, a sign area of 560 square feet. This sign shallCouncil Member Kluesner. be configured as a tall monument sign with a width at grade level of 14 feet. Wall mountedCouncil recessed at 9:18 p.m.; Council and directional signage will be allowed asreconvened at 9:29 p.m. permitted by C-3 General Commercial sign regulations.Proof of Publication certified to by the F.Additional Standards.Publisher on Notice of Public Hearing to reclassify The conceptual development plan shall be validproperty located at 1095 Cedar Cross Road from for a period of 5 years provided a final site AG to C-3 District, communication of Floyd development plan is submitted within two yearsKunkel as owner of 1095 Cedar Cross Road, from the date of approval.requesting this property be rezoned to C-2 with G.Transfer of Ownership.conditions and a petition containing 24 signatures Transfer of ownership or lease of property in objecting to rezoning, presented and read. Council this PUD Planned Unit Development DistrictMember Nicholson moved that the proof, shall include in the transfer or lease agreementcommunication and petition be received and filed. a provision that the purchaser or lessee Seconded by Council Member Voetberg. Carried acknowledges awareness of the conditionsby the following vote: Yeas—Mayor Duggan, authorizing the establishment of the district.Council Members Kluesner, Krieg, Nagle, H.Reclassification of Subject Property.Nicholson, Robbins, Voetberg. Nays—None. The City of Dubuque, Iowa, may initiate Attorney Bill Conzett representing Floyd zoning reclassification proceedings to the IDKunkel requested C-3 zoning with C-2 limitation Institutional District in accordance with Sectionfor wholesale sales distributor. Jack Heiderscheit 6 of the Zoning Ordinance if the propertyand Mrs. John Steger as neighbors of this property, owner fails to complete any of the conditions of objected to proposed rezoning. this ordinance.An Ordinance Amending Zoning Map by I.Modifications.reclassifying property located at 1095 Cedar Cross Any modifications of this ordinance must beRoad from AG Agricultural District to C-3 approved by the City Council in accordanceGeneral Commercial District, said Ordinance with zoning reclassification proceedings ofdenied by Zoning Commission, first reading only Section 6 of the Zoning Ordinance.given on 8-21-95, now presented for further action. J.Recording. Council Member Krieg moved that they concur A copy of this ordinance shall be recorded atwith the denial of the Zoning Commission. the expense of the property owner with theSeconded by Council Member Voetberg. Carried Dubuque County Recorder as a permanentby the following vote: Yeas—Mayor Duggan, record of the conditions accepted as part of this Council Members Kluesner, Krieg, Nagle, reclassification approval after the adoption ofRobbins, Voetberg. Nays—Council Member this ordinance. This ordinance shall be bindingNicholson. upon the undersigned and all his/her heirs,Proof of Publication certified to by the successors and assignees. Publisher on Notice of Public Hearing to reclassify property located at NW corner of JFK Rd. & the Regular Session, September 5, 19958 Northwest Arterial, presented and read. CouncilCarried by the following vote: Yeas—Mayor Member Voetberg moved that the proof beDuggan, Council Members Kluesner, Krieg, received and filed. Seconded by Council MemberNagle, Nicholson, Robbins, Voetberg. Nagle. Carried by the following vote:Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,An Ordinance Amending Zoning Map by Voetberg. Nays—None.reclassifying property located at E. 16th Street and Pat Friedman and John Kivlahan requestedKerper Boulevard from MHI Modified Heavy rezoning. Industrial District to C-3 General Commercial An Ordinance Amending Zoning Map byDistrict, first & second readings on 8-21, presented reclassifying property located at the Northwestfor final action. Corner of John F. Kennedy Road and the Northwest Arterial from AG Agricultural District(OFFICIAL PUBLICATION) and R-1 Single-Family Residential District to C-3ORDINANCE NO. 54-95 General Commercial District, first & secondAN ORDINANCE AMENDING APPENDIX readings given 8-21-95, now presented for final A (THE ZONING ORDINANCE) OF THE action. CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING (OFFICIAL PUBLICATION)HEREINAFTER DESCRIBED PROPERTY ORDINANCE NO. 53-95LOCATED AT E. 16TH STREET AND AN ORDINANCE AMENDING APPENDIXKERPER BOULEVARD FROM MHI A (THE ZONING ORDINANCE) OF THEMODIFIED HEAVY INDUSTRIAL CITY OF DUBUQUE CODE OFDISTRICT TO C-3 GENERAL ORDINANCES, BY RECLASSIFYINGCOMMERCIAL DISTRICT. HEREINAFTER DESCRIBED PROPERTYNOW, THEREFORE, BE IT ORDAINED BY LOCATED AT THE NORTHWESTTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: CORNER OF JOHN F. KENNEDY ROAD AND THE NORTHWEST ARTERIALSection 1. That Appendix A (the Zoning FROM AG AGRICULTURAL DISTRICTOrdinance) of the City of Dubuque Code of AND R-1 SINGLE-FAMILY RESIDENTIALOrdinances is hereby amended by reclassifying the hereinafter described property from MHI Modified DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT.Heavy Industrial District to C-3 General NOW, THEREFORE, BE IT ORDAINED BYCommercial District, to wit: THE CITY COUNCIL OF THE CITY OFLot 1 of Riverfront Subdivision #4; northwest DUBUQUE, IOWA:corner of Lot 1 of Riverfront Subdivision #4; Section 1. That Appendix A (the ZoningLot 643, East Dubuque Addition #2, Sly. Pt.; Ordinance) of the City of Dubuque Code ofLot 4, FDL First Addition; the S.E. Pt. Lot 1, Ordinances is hereby amended by reclassifying theDubuque Packing Company Addition, Block hereinafter described property from AGVI, and to the center line of the adjoining Agricultural District and R-1 Single-Familypublic right-of-way, all in the City of Dubuque, Residential District to C-3 General CommercialIowa. District, to wit:Section 2. The foregoing amendment has Lot 2 of Lot 6, NE 1/4; Lot 5, NE 1/4; and Lotheretofore been reviewed by the Zoning 3 of Lot 2 of Helen E. & Mary H. StewartsCommission of the City of Dubuque, Iowa. Subdivision, and to the center line of theSection 3. This ordinance shall take effect adjoining public right-of-way, all in the City ofimmediately upon publication, as provided by law. Dubuque, Iowa.Passed, approved and adopted this 5th day of Section 2. The foregoing amendment hasSeptember, 1995. heretofore been reviewed by the ZoningTerrance M. Duggan, Mayor Commission of the City of Dubuque, Iowa.Attest: Section 3. This ordinance shall take effect immediately upon publication, as provided by law.Mary A. Davis, City Clerk Passed, approved and adopted this 5th day of Published officially in the Telegraph Herald September, 1995.this 11th day of September, 1995. Terrance M. Duggan, Mayor1t 9/11Mary A. Davis CMC, City Clerk Attest:Council Member Voetberg moved final Mary A. Davis, City Clerk consideration and passage of the Ordinance. Published officially in the Telegraph HeraldSeconded by Council Member Nagle. Carried by this 11th day of September, 1995.the following vote: Yeas—Mayor Duggan, 1t 9/11Mary A. Davis CMC, City ClerkCouncil Members Kluesner, Krieg, Nagle, Council Member Voetberg moved finalNicholson, Robbins, Voetberg. Nays—None. consideration and passage of the Ordinance. Seconded by Council Member Nagle. Carried by BOARDS AND COMMISSIONS the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle,INVESTMENT OVERSIGHT Nicholson, Robbins, Voetberg. Nays—None.COMMISSION: Two three-year terms which will expire 7-1-98 Proof of Publication certified to by the(term of G. Ruden & 1 vacant). Publisher on Notice of Public Hearing to reclassifyApplicants: Francis P. Koch, Gary L. Ruden. property located at E. 16th & Kerper Boulevard,Council Member Nagle moved that Gary presented and read. Council Member VoetbergRuden be reappointed to a term which will expire moved that the proof of publication be received7-1-98. Seconded by Council Member Robbins. and filed. Seconded by Council Member Nagle.Carried by the following vote: Yeas—Mayor 9Regular Session, September 5, 1995 Duggan, Council Members Kluesner, Krieg,Members Kluesner, Krieg, Nagle, Nicholson, Nagle, Nicholson, Robbins, Voetberg.Robbins, Voetberg. Nays—None. Council Nays—None.Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council City Manager recommending acceptance ofMember Nicholson. Carried by the following vote: donation in the amount of $12,975 from "PeopleYeas—Mayor Duggan, Council Members for Parks and Recreation" and approveKluesner, Krieg, Nagle, Nicholson, Robbins, appropriation, presented and read. CouncilVoetberg. Nays—None. Member Voetberg moved that the communication be received and filed and approved acceptance.RESOLUTION NO. 315-95 Seconded by Council Member Robbins. CarriedNOW, THEREFORE, BE IT RESOLVED BY by the following vote: Yeas—Mayor Duggan,THE CITY COUNCIL OF THE CITY OF Council Members Kluesner, Krieg, Nagle,DUBUQUE, IOWA: Nicholson, Robbins, Voetberg. Nays—None. That the following having complied with the provisions of law relating to the sale City Manager recommending approval ofof Cigarettes within the City of Dubuque, Iowa, be Police Home Ownership Program, presented andgranted a permit to sell Cigarettes and Cigarette read. Council Member Voetberg moved that thePapers within said City. communication be received and filed and approvedCrazy Horse SaloonJerry L. Weaver recommendation. Seconded by Council Member665 Dodge St Nicholson. Carried by the following vote:Passed, approved and adopted this 5th day of Yeas—Mayor Duggan, Council MembersSeptember, 1995. Kluesner, Krieg, Nagle, Nicholson, Robbins,Terrance M. Duggan, Mayor Voetberg. Nays—None.Attest: Mary A. Davis, City Clerk City Manager submitting ordinance providingCouncil Member Kluesner moved adoption of for the removal of parking on portion of Eastthe Resolution. Seconded by Council Member Seventh Street, presented and read. CouncilNicholson. Carried by the following vote: Member Voetberg moved that the communicationYeas—Mayor Duggan, Council Members be received and filed. Seconded by CouncilKluesner, Krieg, Nagle, Nicholson, Robbins, Member Nicholson. Carried by the following vote:Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,RESOLUTION NO. 316-95 Voetberg. Nays—None.Whereas, applications for Beer Permits have been submitted and filed to this Council for An Ordinance Amending Code of Ordinancesapproval and the same have been examined and prohibiting parking on designated streets orapproved; and portions thereof and adding certain portions of EastWhereas, the premises to be occupied by such 7th Street, presented and read. applicants were inspected and found to comply with the Ordinances of this City and have filed (OFFICIAL PUBLICATION)proper bonds. NOW, THEREFORE, BE IT RESOLVED BY ORDINANCE NO. 55-95 AN ORDINANCE AMENDING SECTIONTHE CITY COUNCIL OF THE CITY OF 32-262(D) OF THE CODE OF ORDINANCESDUBUQUE, IOWA: That the Manager be authorized to cause to be OF THE CITY OF DUBUQUE, IOWA issued the following named applicants a Beer PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONSPermit. THEREOF ADDING CERTAIN PORTIONSCLASS "C" BEER PERMIT Mulgrew Oil Co. Asbury Amoco Foodshop OF EAST SEVENTH STREET NOW, THEREFORE, BE IT ORDAINED BY+(Sunday Sales)3300 Asbury Rd THE CITY COUNCIL OF THE CITY OFThe Monday Co.Caseys General Store DUBUQUE, IOWA:+(Sunday Sales)4003 Peru Rd Section 1. That the Code of Ordinances of theDennis AlthausFamily Mart,Inc. City of Dubuque, Iowa be amended by adding to+(Sunday Sales)3201 Central Subsection (d) of Section 32-262 the following:Passed, approved and adopted this 5th day of Seventh Street, East, both sides, fromSeptember,1995 Washington Street to a point two hundred fiftyTerrance M. Duggan, Mayor (250) feet east of Washington Street.Attest: Passed, approved and adopted this 5th day ofMary A Davis, City Clerk September, 1995.Council Member Kluesner moved adoption of Terrance M. Duggan, Mayorthe Resolution. Seconded by Council Member Attest:Nicholson. Carried by the following vote: Mary A. Davis, City ClerkYeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Published officially in the Telegraph Herald this 11th day of September, 1995.Voetberg. Nays—None. 1t 9/11Mary A. Davis CMC, City Clerk Council Member Voetberg moved that theRESOLUTION NO. 317-95 Whereas, applications for Liquor Licenses have requirement that a proposed Ordinance be considered and voted on for passage at twobeen submitted to this Council for Council Meetings prior to the meeting at which itapproval and the same have been examined and is to be finally passed be suspended. Seconded byapproved; and Whereas, the premises to be occupied by such Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Councilapplicants were inspected and found to Regular Session, September 5, 199510 comply with the State Laws and all CityA #1 Taxi Service submitting a new Taxicab Ordinances relevant thereto and they have filedOperator Permit to operate an additional cab proper bonds.service in Dubuque, presented and read. Council NOW, THEREFORE, BE IT RESOLVED BYMember Krieg moved that the communication be THE CITY COUNCIL OF THE CITY OFreceived and filed and set for Public Hearing on 9- DUBUQUE, IOWA:18-95 at 7:00 p.m. in the Public Library That the Manager be authorized to cause to beAuditorium and that the City Clerk publish notice issued the following named applicantsin the manner prescribed by law. Seconded by a Liquor License.Council Member Nagle. Carried by the following CLASS "C" (COMMERCIAL)vote: Yeas—Mayor Duggan, Council Members BEER & LIQUOR LICENSEKluesner, Krieg, Nagle, Nicholson, Robbins, Eagle Point Associates IncVoetberg. Nays—None. Tollbridge InnCity Manager requesting a public hearing be +(Sunday Sales)2800 Rhombergheld on September 18th to receive input regarding Passed, approved and adopted this 5th day ofproposed parking restrictions along Snow September, 1995Emergency Routes, presented and read. Council Terrance M. Duggan, MayorMember Krieg moved that the communication be Attest:received and filed and set for Public Hearing on 9- Mary A. Davis, City Clerk18-95 at 7:00 p.m. in the Public Library Council Member Kluesner moved adoption ofAuditorium and that the City Clerk publish notice the Resolution. Seconded by Council Memberin the manner prescribed by law. Seconded by Nicholson. Carried by the following vote:Council Member Nagle. Carried by the following Yeas—Mayor Duggan, Council Membersvote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. Council Member Kluesner moved that theCity Manager recommending a public hearing Outdoor Service for Tott's Tap be approved frombe held on September 18th to consider an Sept. 16 to Sept. 17th. Seconded by Councilamendment to the Urban Renewal Plan for the Member Nicholson. Carried by the following vote:Kerper Boulevard Industrial Park Development Yeas—Mayor Duggan, Council MembersDistrict, presented and read. Council Member Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg moved that the communication be Voetberg. Nays—None.received and filed and set for Public Hearing on 9- 18-95 at 7:00 p.m. in the Public Library Letna Properties by John O'Connor, Attorney,Auditorium and that the City Clerk publish notice and Eunice P. Lewis requesting voluntaryin the manner prescribed by law. Seconded by annexation to the City for property located onCouncil Member Nagle. Carried by the following Northwest Arterial, presented and read. Councilvote: Yeas—Mayor Duggan, Council Members Member Krieg moved that the communication beKluesner, Krieg, Nagle, Nicholson, Robbins, received and filed. Seconded by Council MemberVoetberg. Nagle. Carried by the following vote:Nays—None. Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins,City Manager recommending to vacate a Voetberg. Nays—None.portion of Northwest Arterial and approve grading for Medical Associates Realty, L.P., presented and City Manager recommending to hold publicread. Council Member Voetberg moved that the hearing on September 18th regarding abovecommunication be received and filed. Seconded voluntary annexation, presented and read. Councilby Council Member Nicholson. Carried by the Member Krieg moved that the communication befollowing vote: Yeas—Mayor Duggan, Council received and filed and approved recommendationMembers Kluesner, Krieg, Nagle, Nicholson, with Public Hearing set for 9-18-95 at 7:00 p.m. inRobbins, Voetberg. Nays—None. the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by RESOLUTION NO. 318-95 law. Seconded by Council Member Nagle.RESOLUTION APPROVING PLAT OF LOT Carried by the following vote: Yeas—Mayor2A OF 8 OF SUNSET PARK SIXTH Duggan, Council Members Kluesner, Krieg,ADDITION IN THE CITY OF DUBUQUE, Nagle, Nicholson, Robbins, Voetberg. IOWA Nays—None.Whereas, there has been presented to the City Council of the City of Dubuque, Iowa a plat dated Transco Leasing, Inc., submitting a newMay 30, 1995, prepared by IIW Engineers and Taxicab Operator Permit to operate a limousineSurveyors, P.C. of Dubuque, Iowa, describing the service in Dubuque, presented and read. Councilproposed vacated portion of Northwest Arterial Member Nagle moved that the communication beabutting Sunset Park Sixth Addition; and received and filed and set Public Hearing for 9-18-Whereas, said plat conforms to the laws and 95 at 7:00 p.m. in the Public Library Auditoriumstatutes pertaining thereto. and that the City Clerk publish notice in theNOW, THEREFORE, BE IT RESOLVED BY manner prescribed by law. Seconded by CouncilTHE CITY COUNCIL OF THE CITY OF Member Robbins. Carried by the following vote:DUBUQUE, IOWA: Yeas—Mayor Duggan, Council MembersSection 1. That the plat dated May 30, 1995 Kluesner, Krieg, Nagle, Nicholson, Robbins,prepared by IIW Engineers and Surveyors, P.C., Voetberg. Nays—None.relative to the real estate hereinabove and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. 11Regular Session, September 5, 1995 Section 2. That the City Clerk be and is herebyKluesner, Krieg, Nagle, Nicholson, Robbins, authorized and directed to file said plat andVoetberg. Nays—None. certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa.RESOLUTION NO. 319-95 Passed, approved and adopted this 5th day of RESOLUTION DISPOSING OF CITY September, 1995.INTEREST IN LOT 2A OF 8 OF SUNSET Terrance M. Duggan, MayorPARK SIXTH ADDITION IN THE CITY OF Attest: DUBUQUE, IOWA Mary A. Davis, City ClerkWhereas, Medical Associates Realty, L.P. have Council Member Voetberg moved adoption ofrequested the vacating of a portion of Northwest the Resolution. Seconded by Council MemberArterial abutting the westerly line of Lot 2 of 8 of Nicholson. Carried by the following vote:Sunset Park Sixth Addition; and Yeas—Mayor Duggan, Council MembersWhereas, IIW Engineers and Surveyors, P.C. of Kluesner, Krieg, Nagle, Nicholson, Robbins,Dubuque, Iowa has prepared and submitted to the Voetberg. Nays—None.City Council a plat showing the vacated portion of Northwest Arterial and assigned a lot number An Ordinance Vacating a portion of thethereto, which hereinafter shall be known and Northwest Arterial South of Pennsylvania Avenue,described as Lot 2A of 8 of Sunset Park Sixth presented and read. Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of (OFFICIAL PUBLICATION)Dubuque, Iowa has determined that this portion of ORDINANCE NO. 56-95Northwest Arterial is no longer required for public use, and vacating said portion of Northwest ORDINANCE VACATING A PORTION OF THE NORTHWEST ARTERIAL SOUTH OFArterial known as Lot 2A of 8 of Sunset Park PENNSYLVANIA AVENUESixth Addition in the City of Dubuque, Dubuque Whereas, Medical Associates Realty, L.P. hasCounty, Iowa should be approved. requested the vacating of a portion of theNOW, THEREFORE, BE IT RESOLVED BY Northwest Arterial South of Pennsylvania Avenue;THE CITY COUNCIL OF THE CITY OF andDUBUQUE, IOWA: Whereas, IIW Engineers and Surveyors, P.C.,Section 1. That the City of Dubuque intends to Dubuque, Iowa, has prepared and submitted to thedispose of its interest in Lot 2A of 8 of Sunset Park City Council a plat showing the vacated portion ofSixth Addition. Northwest Arterial and assigned lot numbersSection 2. That the conveyance of Lot 2A of 8 thereto, which hereinafter shall be known andof Sunset Park Sixth Addition in the City of described as Lot 2A of 8 of Sunset Park SixthDubuque, Iowa to Medical Associates Realty, L.P. Addition in the City of Dubuque, Dubuquebe contingent upon the payment of $4,573.80, plus County, Iowa;publication and filing fees. Whereas, the City Council of the City ofSection 3. That the City Clerk be and is hereby Dubuque, Iowa has determined that this portion ofauthorized and directed to cause a notice of intent Northwest Arterial is no longer required for publicto dispose of said real estate to be published in the use, and vacating of said portion of Northwestmanner as prescribed by law. Arterial known as Lot 2A of 8 of Sunset ParkPassed, approved and adopted this 5th day of Sixth Addition in the City of Dubuque, DubuqueSeptember, 1995. County, Iowa should be approved.Terrance M. Duggan, Mayor NOW, THEREFORE, BE IT ORDAINED BYAttest: THE CITY COUNCIL OF THE CITY OFMary A. Davis, City Clerk DUBUQUE, IOWA:Council Member Voetberg moved adoption of Section 1. That the real estate described as Lotthe Resolution setting the matter for Public 2A of 8 of Sunset Park Sixth Addition in the CityHearing on 9-18-95 at 7:00 p.m. in the Public of Dubuque, Iowa be and the same is herebyLibrary Auditorium and that the City Clerk vacated.publish notice in the manner prescribed by law. Passed, approved and adopted this 5th day ofSeconded by Council Member Nicholson. Carried September, 1995.by the following vote: Yeas—Mayor Duggan, Terrance M. Duggan, MayorCouncil Members Kluesner, Krieg, Nagle, Attest:Nicholson, Robbins, Voetberg. Nays—None. Mary A. Davis, City Clerk There being no further business, Council Published officially in the Telegraph Herald this 11th day of September, 1996.Member Voetberg moved to adjourn. Seconded by 1t 9/11Mary A. Davis CMC, City ClerkCouncil Member Nicholson. Carried by the Council Member Voetberg moved that thefollowing vote: Yeas—Mayor Duggan, Council requirement that a proposed Ordinance beMembers Kluesner, Krieg, Nagle, Nicholson, considered and voted on for passage at twoRobbins, Voetberg. Nays—None. Meeting Council Meetings prior to the meeting at which itadjourned at 10:23 p.m. is to be finally passed be suspended. Seconded by Council Member Nicholson. Carried by theMary A. Davis CMC following vote: Yeas—Mayor Duggan, CouncilCity Clerk Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Council Approved ______________________, 1996. Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Adopted _______________________, 1996. Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Regular Session, September 5, 199512 ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk 1Special Session, September 11, 1995 DUBUQUE Approved ______________________, 1996. CITY COUNCIL Adopted _______________________, 1996. OFFICIAL PROCEEDINGS ____________________________________ Mayor City Council, Special Session, Monday, ____________________________________ September 11, 1995 Council met at 7:00 p.m., Public Library ____________________________________ Auditorium. Present: Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, ____________________________________ Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. ____________________________________ Mayor Duggan read the call and stated this is a Special Session of the City Council called for the ____________________________________ purpose to consider restructuring FDL Loans and Sewer rates. ____________________________________ Communication of City Manager Council Members recommending the restructuring of the repayment of FDL's Urban Development Action Grant Attest: (UDAG) Loan, presented and read. Council Member Kluesner moved that they approved the ____________________________________ restructuring, specifically to offer four points on City Clerk condition that the other two points are met to City's satisfaction. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. At 7:10 p.m. Council reviewed a Draft Comprehensive Plan, Phase II with the Long Range Planning Commission. Mayor Duggan left the Chambers at 8:15 p.m. There being no further business, Council Member Kluesner moved to adjourn the meeting. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Mayor Duggan. Meeting adjourned at 9:00. p.m. Mary A. Davis CMC City Clerk 1Regular Session, September 18, 1995 Robbins. Carried by the following vote: DUBUQUE Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member CITY COUNCIL Kluesner. Corporation Counsel advising car damage OFFICIAL claim of Maggie Stecker has been administratively closed, presented and read. Council Member PROCEEDINGS Nagle moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor City Council, Regular Session, September 18, Duggan, Council Members Krieg, Nagle, 1995 Nicholson, Robbins, Voetberg. Nays—None. Council Met at 7:00 p.m., Public Library Absent—Council Member Kluesner. Auditorium. Present: Mayor Duggan, Council Members Corporation Counsel recommending denial of Krieg, Nagle, Nicholson, Robbins, Voetberg, property damage claim of Elmer Harter, presented Acting City Manager Gil Spence, Corporation and read. Council Member Nagle moved that the Counsel Barry A. Lindahl. communication be received and filed and denial Absent: Council Member Kluesner. approved. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Mayor Duggan read the call and stated this is Duggan, Council Members Krieg, Nagle, the Regular Session of the City Council called for Nicholson, Robbins, Voetberg. Nays—None. the purpose to act upon such business which may Absent—Council Member Kluesner. properly come before the Council. Corporation Counsel advising following claims Invocation was given by Rev. Marlene Novak, have been referred to Crawford & Company, the Pastor, Summit Congregational United Church of agent for the Iowa Communities Assurance Pool: Christ. Personal injury of Joy Baker; Personal injury of Rogette J. Berg; Personal injury of Louise M. PROCLAMATIONS — Sept. 17-23 as Kowalske; Car damage of Kreg Reeder; Property "Rehabilitation Week" received by Chuck Heyer; damage of Douglas & Therese Spyrison, presented Sept. 29 & 30 as "Sertoma Candy Days" received and read. Council Member Nagle moved that the by Winnie Sticker; Sept. 22 as "American communication be received and filed. Seconded Business Women's Day" received by Jeanne by Council Member Robbins. Carried by the Peters. following vote: Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, MINUTES SUBMITTED — Citizens with Voetberg. Nays—None. Absent—Council Disabilities Parking Review Committee of 8-15; Member Kluesner. Environmental Stewardship Commission of 9-5; Library Board of Trustees of 8-24; Long Range Iowa DOT requesting annexation of 5.5 acres Planning Commission of 8-16; Zoning Board of of property adjacent to city limits near the south Adjustment of 8-24; Proof of Publication certified end of town where the DOT's maintenance garage to by the Publisher on printed Council Minutes of is situated, presented and read. Council Member 8-21; Civic Center Commission's year-end report Nagle moved that this matter be referred to City for FY'95. (July 1, 1994 to June 30, 1995), Manager for investigation and report. Seconded presented and read. Council Member Nagle by Council Member Robbins. Carried by the moved that the minutes, proof and report be following vote: Yeas—Mayor Duggan, Council received and filed. Seconded by Council Member Members Krieg, Nagle, Nicholson, Robbins, Robbins. Carried by the following vote: Voetberg. Nays—None. Absent—Council Yeas—Mayor Duggan, Council Members Krieg, Member Kluesner. Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Creative Resources, Inc. requesting to purchase Kluesner. approx. 2,052 square feet of city-owned land south of Pennsylvania Avenue near the Sunset Park NOTICES OF CLAIMS/SUITS — Dan & Sue Place Retirement Community, presented and read. Becker, in unknown total amount, for personal Council Member Nagle moved that this matter be injuries; Rose Brandenburg in amount of $113.41 referred to City Manager for investigation and for property damages; Mary Jo Ferring in amount report. Seconded by Council Member Robbins. of $61.48 for tire damages; Jackie Gonner in Carried by the following vote: Yeas—Mayor amount of $831.23 for vehicle damages;Heritage Duggan, Council Members Krieg, Nagle, Mutual Ins. Co. & Steven & Vicky Mueller in Nicholson, Robbins, Voetberg. Nays—None. amount of $6,657.57 plus for vehicle damages and Absent—Council Member Kluesner. personal injuries; Karl Ludwig in amount of $8,000.00 for removal of underground storage Zoning Commission submitting information tank; Kristine Menster in est. amt. of $159.00 for regarding grading for the University of Dubuque vehicle damages; John J. Winner, in amount of Interim Practice Field, presented and read. $94.27 for tire damages, presented and read. Council Member Nagle moved that the Council Member Nagle moved that the claims and communication be received and filed. Seconded suits be referred to Legal Staff for investigation by Council Member Robbins. Carried by the and report. Seconded by Council Member Regular Session, September 18, 19952 following vote: Yeas—Mayor Duggan, Council RESOLUTION NO. 321-95 Members Krieg, Nagle, Nicholson, Robbins,RESOLUTION WITH RESPECT TO THE Voetberg. Nays—None. Absent—CouncilADOPTION OF THE RESOLUTION OF Member Kluesner.NECESSITY PROPOSED FOR THE JULIEN DUBUQUE DRIVE SANITARY SEWER BOARDS AND COMMISSIONSEXTENSION HOUSING COMMISSION TRUSTWhereas, the City Council has proposed a Resolution of Necessity for the Julien Dubuque FUND Council interviewed Housing CommissionDrive Sanitary Sewer Extension, has given notice Trust Fund Committee applicants representing At-of the public hearing thereon as required by law; Large. Applicants are Ruth Clark, Tom Goric, Jr.,and and John V. Walsh. (Appointment to be made atWhereas, the public hearing has been held, all the 10-2-95 Council Meeting.) persons offering objections have been heard and consideration given to all objections and is pending Council Member Nagle moved to suspend thebefore this Council; and rules to allow anyone present to address theWhereas, this is the time and place set as Council if they so desire. Seconded by Councilprovided for the taking of action on the proposed Member Robbins. Carried by the following vote:Resolution of Necessity. Yeas—Mayor Duggan, Council Members Krieg,NOW THEREFORE, BE IT RESOLVED BY Nagle, Nicholson, Robbins, Voetberg.THE CITY COUNCIL OF THE CITY OF Nays—None. Absent—Council MemberDUBUQUE, IOWA: Kluesner.That the proposed Resolution of Necessity described above is hereby: Proof of Publication certified to by theAdopted, without amendment, and all Publisher on Notice of Hearing on Plans andobjections filed or made having been dully Specifications for construction of Julien Dubuqueconsidered are overruled. Drive Sanitary Sewer Extension project, Proof ofPassed, adopted and approved this 18th day of Publication certified to by the Publisher on NoticeSeptember, 1995. to Property Owners advising of public hearing onTerrance M. Duggan, Mayor Resolution of Necessity for project, City ManagerAttest: recommending to proceed with the bidding processMary A. Davis, City Clerk for project, presented and read. Council Member Nagle moved adoption of the Mr. Haverland, 360 Julien Dubuque Dr.,Resolution. Seconded by Council Member questioned aspects of the project.Robbins. Carried by the following vote: Council Member Nagle moved that the proofsYeas—Mayor Duggan, Council Members Krieg, and communication be received and filed.Nagle, Nicholson, Robbins, Voetberg. Seconded by Council Member Robbins. CarriedNays—None. Absent—Council Member by the following vote: Yeas—Mayor Duggan,Kluesner. Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.RESOLUTION NO. 322-95 Absent—Council Member Kluesner.ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 320-95THE COUNCIL OF THE CITY OF DUBUQUE, RESOLUTION ADOPTING PLANSIOWA: That the Julien Dubuque Drive Sanitary Sewer AND SPECIFICATIONS Whereas, on the 16th day of August, 1995,Extension is hereby ordered to be advertised for plans, specifications, form of contract andbids for construction. estimated cost were filed with the City Clerk ofBE IT FURTHER RESOLVED, that the Dubuque, Iowa for the Julien Dubuque Driveamount of the security to accompany each bid shall Sanitary Sewer Extension.be in an amount which shall conform to the Whereas, notice of hearing on plans,provisions of the notice to bidders hereby approved specifications, form of contract, and estimated costas a part of the plans and specifications heretofore was published as required by law.adopted. NOW THEREFORE, BE IT RESOLVED BYThat the City Clerk is hereby directed to THE CITY COUNCIL OF THE CITY OFadvertise for bids for the construction of the DUBUQUE, IOWA:improvements herein provided, to be published in That the said plans, specifications, form ofa newspaper having general circulation in the City contract and estimated cost are hereby approved asof Dubuque, Iowa, which notice shall not be less the plans, specifications, form of contract andthan four days nor more than twenty days prior to estimated cost for said improvements for saidthe receipt of said bids at 2:00 p.m. on the 26th project.day of September, 1995. Bids shall be opened and Passed, adopted and approved this 18th day ofread by the City Clerk at said time and will be September, 1995.submitted to the Council for final action at 7:00 Terrance M. Duggan, Mayorp.m. on the 2nd day of October, 1995. Attest:Passed, adopted and approved this 18th day of Mary A. Davis, City ClerkSeptember, 1995. Council Member Nagle moved adoption of theTerrance M. Duggan, Mayor Resolution. Seconded by Council MemberAttest: Robbins. Carried by the following vote:Mary A. Davis, City Clerk Yeas—Mayor Duggan, Council Members Krieg,Council Member Nagle moved adoption of the Nagle, Nicholson, Robbins, Voetberg.Resolution. Seconded by Council Member Nays—None. Absent—Council MemberRobbins. Carried by the following vote: Kluesner.Yeas—Mayor Duggan, Council Members Krieg, 3Regular Session, September 18, 1995 Nagle, Nicholson, Robbins, Voetberg.Yeas—Mayor Duggan, Council Members Krieg, Nays—None. Absent—Council MemberNagle, Nicholson, Robbins, Voetberg. Kluesner.Nays—None. Absent—Council Member Kluesner. Proof of Publication certified to by the Publisher on Notice of Hearing advising of intentProof of Publication certified to by the to dispose of City's interest located east of thePublisher on Notice of hearing to consider Northwest Arterial and south of Chavenelle Road;voluntary annexation of property located north of City Manager recommending to dispose ofAsbury Road and West of the Northwest Arterial; property and grant a temporary easement overCity Manager recommending approval of other portions of the right-of-way to allow the re-annexation of above property, presented and read. shaping of the area to conform to new elevations,Pat Friedman, representing Mike Remakel and presented and read. Mike Bergman, requested annexation. Frank Murray, of IIW, representing theEldon Digman, representing Letna Properties, proposed Medical Associates expansion, spokerequested annexation. requesting approval of the disposal.Council Member Krieg moved that the proof Council Member Robbins moved that the proofand communication be received and filed. and communication be received and filed andSeconded by Council Member Nagle. Carried by approve recommendation. Seconded by Councilthe following vote: Yeas—Mayor Duggan, Member Nicholson. Carried by the following vote:Council Members Krieg, Nagle, Nicholson, Yeas—Mayor Duggan, Council Members Krieg,Robbins, Voetberg. Nays—None. Nagle, Nicholson, Robbins, Voetberg.Absent—Council Member Kluesner. Nays—None. Absent—Council Member Kluesner.RESOLUTION NO. 324-95 RESOLUTION ANNEXING CERTAIN RESOLUTION NO. 323-95REAL ESTATE TO THE CITY OF Whereas, pursuant to resolution and published DUBUQUE, IOWA. notice of time and place of hearing, published inWhereas, Letna Properties and Eunice P. the Telegraph Herald, a newspaper of generalLewis, as owners of an area approximately forty circulation published in the City of Dubuque, Iowa(20) acres in size lying immediately adjacent to the on the 8th day of September, 1995, the CityCity of Dubuque, Iowa, has voluntarily petitioned Council of the City of Dubuque, Iowa met on thefor annexation of said territory to the City of 18th day of September, at 7:00 p.m. in the PublicDubuque, as shown on the attached Exhibit A; and Library Auditorium, 11th and Locust, Dubuque,Whereas, Chapter 368 of the Code of Iowa Dubuque County, Iowa to consider the proposalauthorizes the extension of City limits in situations for the sale of real estate described as:of this character by the adoption of a resolution Lot 2A of 8 of Sunset Park Sixth Addition inafter notification as required by State regulations; the City of Dubuque; andand Whereas, the City Council of the City ofWhereas, the future growth and development of Dubuque, Iowa overruled any and all objections,the City of Dubuque, Iowa, make it desirable that oral or written, to the proposal to dispose ofsaid territory be made part of the City of Dubuque, interest of the City of Dubuque, Iowa in theIowa. hereinabove described real estate to MedicalNOW THEREFORE, BE IT RESOLVED BY Associates Realty, L.P.THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BYDUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OFSection 1. That the territorial limits of the City DUBUQUE, IOWA:of Dubuque, Iowa, be and they are hereby Section 1. That the disposal of the interest ofextended to include the area comprising the the City of Dubuque, Dubuque County, Iowa infollowing described real estate, to wit: Pt. Lot 2, E real property described as Lot 2A of 8 of Sunset1/2 of SE 1/4, and Lot 2 of 2 of 1 of 1 of E 1/2 of Park Sixth Addition in the City of Dubuque, IowaSE 1/4, both in Section 17, T89N, R2E, in to Medical Associates Realty, L.P. be and the sameDubuque County. is hereby approved for sum of $4,573.80, plusSection 2. That the territory hereby annexed publication and filing fees.shall become a part of the Second Ward, Eleventh Section 2. That the Mayor be authorized andPrecinct of the City of Dubuque, Iowa. directed to execute a Quit Claim Deed, and theSection 3. That the City Clerk shall file this City Clerk be and is hereby authorized andResolution, attached Exhibit A and the petition for directed to deliver said deed of conveyance to thevoluntary annexation with the City Development above named grantees upon receipt of the purchaseBoard of the State of Iowa. price in full.Passed, approved and adopted this 18th day of Section 3. That the City Clerk be and is herebySeptember, 1995. authorized and directed to record a certified copyTerrance M. Duggan, Mayor of this resolution in the office of the City Assessor,Attest: Dubuque County Recorder and the DubuqueMary A. Davis, City Clerk County Auditor.Council Member Krieg moved adoption of the Passed, approved and adopted this 18th day ofResolution. Seconded by Council Member Nagle. September, 1995.Carried by the following vote: Yeas—Mayor Terrance M. Duggan, MayorDuggan, Council Members Krieg, Nagle, Attest:Nicholson, Robbins, Voetberg. Nays—None. Mary A. Davis, City ClerkAbsent—Council Member Kluesner. Council Member Robbins moved adoption of the Resolution. Seconded by Council MemberProof of Publication certified to by the Nicholson. Carried by the following vote:Publisher on Notice of Hearing to consider Regular Session, September 18, 19954 granting a "Taxicab/Limousine Operator Permit"NOW, THEREFORE, BE IT RESOLVED BY to Royal Limousine, presented and read. CouncilTHE CITY COUNCIL OF THE CITY OF Member Nicholson moved that the proof beDUBUQUE, IOWA: received and filed and license approved. Section 1. That this Council finds that the Seconded by Council Member Nagle. Carried byamendment to the Urban Renewal Plan for the the following vote: Yeas—Mayor Duggan,Kerper Boulevard Industrial Park Economic Council Members Krieg, Nagle, Nicholson,Development District attached hereto as Exhibit A Robbins, Voetberg. Nays—None.and incorporated herein by reference conforms to Absent—Council Member Kluesner.the general plan of the municipality as a whole. Section 2. That said amendment is hereby Proof of Publication certified to by theapproved and the City Clerk is hereby directed to Publisher on Notice of Public Hearing to considerfile a copy of said amendment with the proceedings an amendment to the Urban Renewal Plan forof this meeting. Kerper Boulevard Industrial Park EconomicPassed, approved and adopted this 18th day of Development District allowing up to 40 foot highSeptember 1995. free-standing signs; Long Range PlanningTerrance M. Duggan, Mayor Commission recommending to retain the 25 footAttest: maximum free-standing sign height within theMary A. Davis, City Clerk Economic Development District; City ManagerCouncil Member Krieg moved adoption of the recommending to allow the height limitation of 40Resolution. Seconded by Council Member feet free-standing sign, presented and read. Nicholson. Carried by the following vote: Yeas- Richard Stein, Vice-Chair of the Long RangeMayor Duggan, Council Members Krieg, Planning Commission, stated that this request wasNicholson, Robbins, Voetberg. Nays-Council compatible with the area. David Hartig requestedMember Nagle. Absent-Council Member positive concurrance.Kluesner. Council Member Krieg moved that the proof and communications be received and filed andProof of Publication certified to by the approved recommendation of City ManagerPublisher on Notice of hearing to consider an changing height limitation of sign to 40 feet. Ordinance regarding "Parking Restrictions along Seconded by Council Member Nicholson. CarriedSnow Routes" along streets in the City; City by the following vote: Yeas—Mayor Duggan,Manager recommending approval of parking Council Members Krieg, Nicholson, Robbins,restrictions along snow routes, presented and read. Voetberg. Nays—Council Member Nagle.Council Member Nicholson moved that the proof Absent—Council Member Kluesner.be received and filed. Seconded by Council Member Nagle. Carried by the following vote: RESOLUTION NO. 325-95Yeas—Mayor Duggan, Council Members Krieg, A RESOLUTION APPROVING ANNagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member AMENDMENT TO THE URBAN RENEWAL PLAN FOR KERPER BOULEVARDKluesner. INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICTAn Ordinance Amending Code of Ordinances Whereas, on August 15, 1994, the City Councilproviding for parking restrictions during snow of the City of Dubuque, Iowa, adopted an urbanremoval and establishing snow routes, presented renewal plan for an area designated as Kerperand read. Boulevard Industrial Park Economic Development District; and (OFFICIAL PUBLICATION) Whereas, the City has been requested to amendORDINANCE NO. 57-95 that portion of the adopted plan which establishesAN ORDINANCE AMENDING THE CITY signage requirements; and OF DUBUQUE CODE OF ORDINANCES BY Whereas, the Long Range PlanningREPEALING SECTION 32-351 THROUGH Commission has reviewed the proposedSECTION 32-355 RELATING TO PARKING amendment as provided by the Urban RenewalRESTRICTIONS DURING SNOW Law and City Code and has recommended against REMOVAL AND SUBSTITUTING IN LIEU its adoption; andTHEREOF NEW SECTION 32-351 Whereas, the City Council does not agree withTHROUGH SECTION 32-355 PROVIDING the recommendation of the Long Range PlanningFOR PARKING RESTRICTIONS DURING Commission with regard to the conformity of the SNOW REMOVAL AND ESTABLISHING proposed amendment to the general plan of theSNOW ROUTES, PROVIDING FOR A municipality as a whole; and DECLARATION OF AN EMERGENCY Whereas, the proposed amendment does not BECAUSE OF THE ACCUMULATION OF involve any change related to refunding bonds orSNOW AND PROHIBITING PARKING IN refinancing resulting in an increase in debt serviceCITY-OWNED PARKING LOTS DURING or provides for the issuance of bonds or otherSNOW REMOVAL. indebtedness, to be funded primarily in the mannerNOW, THEREFORE, BE IT ORDAINED BY provided in Section 403.19 of the Code of IowaTHE CITY COUNCIL OF THE CITY OF and therefore the notification and consultationDUBUQUE, IOWA: process with affected taxing entities is not required;Section 1. The City of Dubuque Code of andOrdinances is hereby amended by repealing Whereas, the City Council has held a publicSections 32-351 through Section 32-355 and hearing on the proposed amendment pursuant toadopting in lieu thereof the following new notice as required and has considered any and allSections: comments received.Sec. 32-351. Parking so as to interfere with plowing or removal prohibited. 5Regular Session, September 18, 1995 No vehicle, as defined in this chapter, shall beSouth Grandview Avenue. parked upon any street in the city in such a mannerUniversity Avenue from West 9th Street to as to interfere with the plowing or removal of snowAlpine Street and from or ice from such street.Glen Oak Street to John F. Kennedy Road. Sec. 32-352. Snow Route. Restricted Parking.West Locust Street from West 17th Street to a (a)Application of section. The provisions ofpoint 1,300 feet this section prohibiting the standing or parking ofeast of Clarke Drive. vehicles on certain designated streets or parts ofWindsor Avenue. streets shall apply when a snow route restrictedWooten Street. parking declaration has been issued by the CityParking shall be prohibited from 1 AM to 6 Manager. AM on the odd numbered side of the following (b)Declaration of snow route restrictedstreets on odd numbered days and on the even parking. Whenever snow accumulations of threenumbered side of the following streets on even (3) or more inches occur, the City Manager afternumbered days: consultation with the Operations and MaintenanceKane Street from Chaney Road to Shetland Department Manager shall have the authority toCourt. issue a snow route restricted parking declaration.North Grandview Avenue from Rosedale (c)Notification to the public. The CityAvenue to Avoca Street. Manager shall request the cooperation of the localUniversity Avenue from Alpine Street to Glen press, radio and television media to announce theOak Street. declaration of snow route restricted parking. TheWest Locust Street from Clarke Drive to a provisions of this section designating snow routepoint 1,300 feet east of Clarke Drive. restricted parking shall be effective not less than(f)Termination of snow route parking six hours after the initial announcement of therestrictions. Whenever the City Manager shall find declaration. (d)Parking prohibited under certainthat the conditions which gave rise to the conditions. After the time specified in thedeclaration no longer exist, the City Manager is declaration of snow route restricted parking, itauthorized to declare the termination of the snow shall be unlawful for any person to obstruct theroute parking restrictions, in whole or in part, orderly plowing or removal of snow from the City'seffective immediately upon announcement. When streets by parking or otherwise leaving unattendedthe termination is announced, it shall then be any vehicle upon any street designated as a snowlawful to park on those streets in accordance with route, during the times set forth in paragraph (e),the regular parking provisions. The City Manager until the accumulated snow has been removed orshall request the cooperation of the local press, plowed from the street. During the period of theradio and television media to announce the declaration, the parking restrictions of this sectiontermination of the snow route parking restrictions. shall supersede all other parking regulationsSec. 32-353. Declaration of emergency. relating to the streets designated as snow routes.(a) When it becomes necessary to plow or (e)Designation of snow routes. Snow routesremove snow from streets which because of the shall be designated by signs. Parking shall beaccumulation of snow thereon causes such a prohibited from Noon to 5 PM on the oddhindrance to traffic as constitutes an emergency numbered side of the following streets on oddunless the snow is promptly plowed or removed, numbered days and on the even numbered side ofthe City Manager shall by appropriate public the following streets on even numbered days:media declare the beginning of an emergency and East 22nd Street from Windsor Avenue tothe application of emergency snow parking Central Avenue.regulations which regulations shall remain in force East 32nd Street from Jackson Street to Centraland effect until lifted by the City Manager. Avenue.(b) For the purpose of this section, the West 32nd Street from Central Avenue to Finkaccumulation of snow on any streets or area Street.sufficient for the application of emergency Alta Vista Street from University Avenue toregulations herein shall be any such accumulation Kirkwood Street.of snow which hinders the safe movement of traffic Asbury Road.thereon or that impedes the ability of emergency Bryant Street.vehicles and public transportation vehicles to Cedar Cross Road.travel safely and expeditiously over such streets or Central Avenue from 22nd Street to 32ndareas. Street.(c) The City Manager is hereby authorized and Clarke Drive from West Locust Street toempowered to erect signs prohibiting parking upon Asbury Road.any street in the city and upon any city owned Delhi Street.parking lot, except arterial streets for which Fremont Avenue.provisions are hereinafter made, upon which snow Hill Street.plowing or snow removal equipment is operating Kane Street from Kaufmann Avenue to Chaneyand upon the erection of such signs parking Road thereon shall be prohibited until such signs shall be and from Shetland Court to Carter Road.removed at the direction of the City Manager. Kaufmann Avenue.(d) Upon the declaration of emergency by the Kelly Lane.City Manager as provided in this section, Loras Boulevard.emergency snow parking regulations as to arterial North Grandview Avenue from Dodge Street tostreets in the city shall mean there shall be no Rosedale Avenue and parking on the odd-numbered side of any arterial from Avoca Street to West 32nd Street.street from 9:00 p.m. to 9:00 a.m. and there shall Pennsylvania Avenue.be no parking on the even-numbered side of any Rhomberg Avenue.arterial street from 9:00 a.m. to 9:00 p.m. These Rockdale Road.emergency snow parking regulations shall include Regular Session, September 18, 19956 those arterial streets where parking is prohibited atWhereas, the City has funded a Riverfront Plan any time on one side of the arterial street. TheseAction Agenda and a Downtown Circulation emergency snow parking regulations shall notStudy that recommends development of pedestrian, apply to those arterial streets where parking isbicycle and boat linkages to connect the prohibited on both sides of such arterial street atMississippi River and the Ice Harbor with the any time.downtown business district and its employment (1)The provisions of this paragraph shallbase, and supersede all other parking regulations inWhereas, the City of Dubuque recognizes the force and posted on any arterial streetcommercial and recreational potential of the during such emergency and shall requireriverfront and the downtown and that the no posting of the emergency no parkingconstruction of this Mississippi Riverwalk and snow regulations as to arterial streets.Downtown Pedestrian/Bicycle Pathways project (2)Arterial streets shall be such streets as arewill enable development of these commercial and designated as such from time to time.recreational amenities for not only the community, Sec. 32-354. Reserved.but for the region and the state. Sec. 32-355. Parking lots.NOW THEREFORE, BE IT RESOLVED BY No vehicle, as defined in this chapter, shall beTHE CITY COUNCIL OF THE CITY OF parked upon or in any parking lot owned by theDUBUQUE, IOWA: city upon which snow plowing or snow removalSection 1: That the Mayor is hereby authorized equipment is operating and upon the erection ofto sign and the Planning Services Manager is such signs, parking thereon shall be prohibitedhereby authorized to submit this application to the until such signs shall be removed at the direction ofIowa Department of Transportation for Statewide the City Manager.Transportation Enhancement Funds. Passed, approved and adopted this 18th day ofSection 2 : That in the event that said September, 1995.application is approved, the City Manager is Terrance M. Duggan, Mayorhereby authorized to utilize budgeted Capital Attest:Improvement Program funds to provide the Mary A. Davis, City Clerkfinancial match required for this project. Published officially in the Telegraph HeraldSection 3: That in the event said application is this 25th day of September, 1995.approved, the City of Dubuque will ensure that the Mississippi Riverwalk and Downtown 1t 9/25Mary A. Davis CMC, City Clerk Council Member Nicholson moved that thePedestrian/Bicycle Pathways project will be requirement that a proposed Ordinance beadequately maintained for its intended public use considered and voted on for passage at twofor a minimum of twenty (20) years following project completion. Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded bySection 4: That the City of Dubuque agrees to Council Member Nagle. Carried by the followingabide by all local, state and federal requirements applicable to the proposed project. vote: Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg.Passed, approved and adopted this 18th day of Nays—None. Absent—Council MemberSeptember, 1995. Kluesner. Council Member Nicholson moved finalTerrance M. Duggan, Mayor Attest: consideration and passage of the Ordinance. Seconded by Council Member Nagle. Carried byMary A. Davis, City Clerk the following vote: Yeas—Mayor Duggan,Council Member Krieg moved adoption of the Council Members Krieg, Nagle, Nicholson,Resolution. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Robbins, Voetberg. Nays—None. Absent—Council Member Kluesner.Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Kluesner. City Manager recommending approval of application for ISTEA Funds for Mississippi Riverwalk and Downtown Pedestrian/BicycleCity Manager advising of the Airport Linkage Project, presented and read. CouncilCommission's request for additional funding to rehab Runway #13/31 at the Airport, presented Member Krieg moved that the communication be received and filed. Seconded by Council Memberand read. Council Member Krieg moved that the Nagle. Carried by the following vote:communication be received and filed and Yeas—Mayor Duggan, Council Members Krieg,concurred with recommendation to make funding available. Seconded by Council Member Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council MemberNicholson. Carried by the following vote: Kluesner.Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. RESOLUTION NO. 326-95Nays—None. Absent—Council Member A RESOLUTION APPROVING THEKluesner. SUBMITTAL OF AN APPLICATION FOR City Manager, Council Members Kluesner and STATEWIDE ENHANCEMENT PROJECT FUNDING TO THE IOWA DEPARTMENTNicholson requesting concurrence in the selection OF TRANSPORTATION.of Lyle Sumek Associates as the consultant to Whereas, the Iowa Department ofprovide team building training for the City Council and the Department Manager Team was presented. Transportation has allocated funds for Statewide Transportation Enhancements, and theCouncil Member Voetberg moved to receive and development of pedestrian and bicycle facilities,file the communication and approve team building landscaping and other scenic beautification, andand negotiations be made with Sumek Associates to remove the City Council from the proposal. construction costs are eligible for such funding; andSeconded by Council Member Nicholson. Vote on 7Regular Session, September 18, 1995 the motion was as follows: Yeas-Council Members+(Sunday Sales)1902 Central Ave Nicholson, Voetberg. Nays-Mayor Duggan,Passed, approved and adopted this 18th day of Council Members Krieg, Nagle, Robbins.September, 1995. Absent—Council Member Kluesner. MotionTerrance M. Duggan, Mayor Failed. Attest: Council Member Voetberg further moved thatMary A. Davis, City Clerk the communication be received and filed andCouncil Member Nicholson moved adoption of Department Managers training be approved.the Resolution. Seconded by Council Member Seconded by Council Member Nicholson. CarriedNagle. Carried by the following vote: by the following vote: Yeas-Mayor Duggan,Yeas—Mayor Duggan, Council Members Krieg, Council Members Krieg, Nicholson, Robbins,Nagle, Nicholson, Robbins, Voetberg. Voetberg. Nays-Council Member Nagle.Nays—None. Absent—Council Member Absent—Council Member Kluesner.Kluesner. RESOLUTION NO. 327-95Zoning Commission advising of their approval Whereas, applications for Beer Permits haveto rezone property at 1433 Main Street from OR to been submitted and filed to this Council forOC District (Wm. & Barbara Daugherty), approval and the same have been examined andpresented and read. Council Member Voetberg approved; and moved that the communication be received and Whereas, the premises to be occupied by suchfiled. Seconded by Council Member Nagle. applicants were inspected and found to complyCarried by the following vote: Yeas—Mayor with the Ordinances of this City and have filedDuggan, Council Members Krieg, Nagle, proper bonds.Nicholson, Robbins, Voetberg. Nays—None. NOW, THEREFORE, BE IT RESOLVED BYAbsent—Council Member Kluesner. THE CITY COUNCIL OF THE CITY OFAn Ordinance Amending Zoning Map by DUBUQUE, IOWA:reclassifying property located at 1433 Main Street That the Manager be authorized to cause to befrom OR Office Residential District to OC Office issued the following named applicants a BeerCommercial District, with conditions, presented Permit.and read. Council Member Voetberg moved that CLASS "C" BEER PERMITthis be set for a public hearing on October 2, 1995 Rainbo Oil companyKwik Stop Food Martat 7:00 p.m. in the Public Library Auditorium and +(Sunday Sales)2360 Centralthat the City Clerk be directed to publish notice as Passed, approved and adopted this 18th day ofrequired by law. Seconded by Council Member September,1995Nagle. Carried by the following vote: Terrance M. Duggan, MayorYeas—Mayor Duggan, Council Members Krieg, Attest:Nagle, Nicholson, Robbins, Voetberg. Mary A Davis, City ClerkNays—None. Absent—Council Member Council Member Nicholson moved adoption ofKluesner. the Resolution. Seconded by Council Member Nagle. Carried by the following vote:Zoning Commission advising of their approval Yeas—Mayor Duggan, Council Members Krieg,to rezone property at 4100 Peru Road from AG to Nagle, Nicholson, Robbins, Voetberg.HI District (Fred J. Boyes), presented and read. Nays—None. Absent—Council MemberCouncil Member Nicholson moved that the Kluesner.communication be received and filed. Seconded by Council Member Voetberg. Carried by the following vote: Yeas—Mayor Duggan, Council RESOLUTION NO. 328-95 Whereas, applications for Liquor Licenses haveMembers Krieg, Nagle, Nicholson, Robbins, been submitted to this Council forVoetberg. Nays—None. Absent—Council approval and the same have been examined andMember Kluesner. approved; and Whereas, the premises to be occupied by suchAn Ordinance Amending Zoning Map by applicants were inspected and found toreclassifying property located at 4100 Peru Road comply with the State Laws and all Cityfrom AG Agricultural District to HI Heavy Ordinances relevant thereto and they have filed Industrial District, with conditions, presented and proper bonds.read. Council Member Nicholson moved that the NOW, THEREFORE, BE IT RESOLVED BYOrdinance be set for a public hearing on October THE CITY COUNCIL OF THE CITY OF2, 1995 at 7:00 p.m. in the Public Library DUBUQUE, IOWA:Auditorium and Clerk to publish notice as required That the Manager be authorized to cause to beby law. Seconded by Council Member Voetberg. issued the following named applicants a LiquorCarried by the following vote: Yeas—Mayor License.Duggan, Council Members Krieg, Nagle, CLASS "C" (COMMERCIAL)Nicholson, Robbins, Voetberg. Nays—None. BEER & LIQUOR LICENSEAbsent—Council Member Kluesner. P.M.S.T.Happy Place +(Sunday Sales)2323 RockdaleZoning Commission advising of their approval Admiral's Hi-Hat West Inc.to rezone property at 8 South Main Street from LI Admirals Hi-Hat Westto C-3 District (Lyle & Ann Whalen), presented +(Sunday Sales)253 Mainand read. Council Member Voetberg moved that Leroy A. MillerWhitey's Bar Xthe communication be received and filed. +(Sunday Sales)2616 WindsorSeconded by Council Member Nagle. Carried by Angela MangenoAngiesthe following vote: Yeas—Mayor Duggan, +(Sunday Sales)1401 ElmCouncil Members Krieg, Nagle, Nicholson, Melody A. CrockerKing of Clubs Regular Session, September 18, 19958 Robbins, Voetberg. Nays—None.Nays—None. Absent—Council Member Absent—Council Member Kluesner.Kluesner. An Ordinance Amending Zoning Map byAn Ordinance Amending Zoning Map by reclassifying property located at 8 South Mainreclassifying property located at 1492 Delhi Street Street from LI Light Industrial District to C-3from R-2 Two-Family Residential District to ID General Commercial District, presented and read.Institutional District and amending Ordinance No. Council Member Voetberg moved that the1-93 by approving an amended Conceptual requirement that a proposed Ordinance beDevelopment Plan for the Finley Hospital ID considered and voted on for passage at twoInstitutional District at 350 North Grandview Council Meetings prior to the meeting at which itAve., presented and read. Council Member is to be finally passed be suspended. Seconded byVoetberg moved that the requirement that a Council Member Nagle. Carried by the followingproposed Ordinance be considered and voted on vote: Yeas—Mayor Duggan, Council Membersfor passage at two Council Meetings prior to the Krieg, Nagle, Nicholson, Robbins, Voetberg.meeting at which it is to be finally passed be Nays—None. Absent—Council Membersuspended. Seconded by Council Member Kluesner.Nicholson. Carried by the following vote: Council Member Voetberg moved that thisYeas—Mayor Duggan, Council Members Krieg, Ordinance be set for a public hearing on OctoberNagle, Nicholson, Robbins, Voetberg. 2, 1995 at 7:00 p.m. and City Clerk directed toNays—None. Absent—Council Member publish notice as required by law. Seconded byKluesner. Council Member Voetberg moved that Council Member Nagle. Carried by the followinga Public Hearing be held on the proposed vote: Yeas—Mayor Duggan, Council MembersOrdinance on the 16th day of October, 1995, at Krieg, Nagle, Nicholson, Robbins, Voetberg.7:00 o'clock p.m. at the Public Library Auditorium Nays—None. Absent—Council Memberand that the City Clerk be directed to publish Kluesner.notice in the manner prescribed by law. Seconded by Council Member Nicholson. Carried by the Zoning Commission advising of their approvalfollowing vote: Yeas—Mayor Duggan, Council to rezone property at 1110 W. 32nd Street from R-Members Krieg, Nagle, Nicholson, Robbins, 4 to R-3 District (Patrick & Carol Fenelon),Voetberg. Nays—None. Absent—Council presented and read. Council Member Krieg movedMember Kluesner. that the communication be received and filed. Seconded by Council Member Nagle. Carried byZoning Commission advising of their denial to the following vote: Yeas—Mayor Duggan,rezone property at 2010 Garfield from R-2A to LI Council Members Krieg, Nagle, Nicholson,District (John Duccini), and an Ordinance Robbins, Voetberg. Nays—None.Amending Zoning Map by reclassifying property Absent—Council Member Kluesner.located at 2010 Garfield Ave. from R-2A Alternate Two-Family Residential District to LI An Ordinance Amending Zoning Map byLight Industrial District, was presented. Council reclassifying property located at 1110 W. 32ndMember Robbins moved to concur with denial. Street from R-4 Multi-Family Residential DistrictSeconded by Council Member Krieg. Carried by to R-3 Moderate Density Multi-Family Residentialthe following vote: Yeas-Mayor Duggan, Council District, presented and read. Council MemberMembers Krieg, Robbins, Voetberg. Nays- Krieg moved that the requirement that a proposedCouncil Members Nagle, Nicholson. Ordinance be considered and voted on for passageAbsent—Council Member Kluesner. at two Council Meetings prior to the meeting at which it is to be finally passed be suspended.Zoning Commission advising of their approval Seconded by Council Member Nagle. Carried byto rezone property at 3485 Windsor Ave. from R-4 the following vote: Yeas—Mayor Duggan,to ID District and approve Conceptual Council Members Krieg, Nagle, Nicholson,Development Plan (Stonehill Care Center), Robbins, Voetberg. Nays—None.presented and read. Council Member Krieg moved Absent—Council Member Kluesner.that the communication be received and filed. Council Member Krieg moved that thisSeconded by Council Member Nagle. Carried by Ordinance be set for public hearing on October 2,the following vote: Yeas—Mayor Duggan, 1995 at 7:00 p.m. in the Public LibraryCouncil Members Krieg, Nagle, Nicholson, Auditorium and that the City Clerk be directed toRobbins, Voetberg. Nays—None. publish notice as required by law. Seconded byAbsent—Council Member Kluesner. Council Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Krieg, An Ordinance Amending Zoning Map by Nagle, Nicholson, Robbins, Voetberg.reclassifying property located at 3485 Windsor Nays—None. Absent—Council MemberAvenue from R-4 Multi-Family Residential Kluesner.District to ID Institutional District and by approving a Conceptual Development Plan for the Zoning Commission advising of their approvalStonehill Care Center ID Institutional District, to rezone property at 1492 Delhi Street from R-2presented and read. Council Member Krieg moved to ID District and amend Conceptual Plan (Finleythat the requirement that a proposed Ordinance be Hospital), presented and read. Council Memberconsidered and voted on for passage at two Voetberg moved that the communication beCouncil Meetings prior to the meeting at which it received and filed. Seconded by Council Memberis to be finally passed be suspended. Seconded by Nicholson. Carried by the following vote:Council Member Nagle. Carried by the following Yeas—Mayor Duggan, Council Members Krieg,vote: Yeas—Mayor Duggan, Council Members Nagle, Nicholson, Robbins, Voetberg.Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member 9Regular Session, September 18, 1995 Kluesner. Council Member Krieg moved that a Public Hearing be held on the proposed Ordinance on the 6th day of November, 1995, at 7:00 o'clock p.m. at the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Kluesner. Stephen V. Becker & Mark Wagner submitting application for Taxicab/Limousine Operators permit to operate in the City of Dubuque, presented and read. Council Member Krieg moved that a public hearing be held on this matter be held on October 16, 1995 and Clerk directed to publish notice as required by law. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Kluesner. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Absent—Council Member Kluesner. Meeting adjourned at 8:38 P.M. Mary A. Davis CMC City Clerk Approved ______________________, 1996. Adopted _______________________, 1996. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk