1996 March Council ProceedingsRegular Session, March 4, 1996
NOTICES OF CLAIMS/SUITS — Tommy
DUBUQUE
Lee & Jean Ann Boots vs. City et al for
personal injuries; Mary Ann Weber in amount
of $245.57 for vehicle damages; Ralph
CITY COUNCIL
Weinbender in amount of $657.55 for property
damages; Brandie Jo Wells in amount of
$450,000. for violation of Civil Rights by Police
OFFICIAL
Department; Susan Wells in amount of
PROCEEDINGS
$100,00 for violation of Civil Rights by Police
Department, presented and read. Council
Member Voetberg moved that the claims and
City Council, Regular Session, Monday
suits be referred to the Legal Staff for
March 4, 1996.
investigation and report. Seconded by
Council Met at 7:00 p.m., Public Library
Council Member Nicholson. Carried by the
Auditorium.
following vote: Yeas—Mayor Duggan, Council
Present: Mayor Duggan, Council Members
Members Buol, Krieg, Michalski, Nicholson,
Buol, Krieg, Michalski, Nicholson, Robbins,
Robbins, Voetberg. Nays—None.
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Corporation Counsel advising following
claims have been referred to Crawford &
Mayor Duggan read the call and stated this
Company, the agent for the Iowa Communities
is the Regular Session of the City Council
Assurance Pool: Car Damage of Blake J.
called for the purpose to act upon such
Adams, Property damage of Tom Bauer;
business which may properly come before the
Property damage of John & Melissa Kruse;
Council.
Property damage of Ronald N. & Janet M.
Miller, Personal injury of Joanne Temperly,
Invocation was given by Marie Therese
presented and read. Council Member
Kalb, OSF, Director of the Shalom Retreat
Voetberg moved that the communications be
Center.
received and filed. Seconded by Council
Member Nicholson. Carried by the following
PROCLAMATIONS—March 10-16 as "Girl
vote: Yeas—Mayor Duggan, Council
Scout Week" received by Beth Radamen and
Members Buol, Krieg, Michalski, Nicholson,
Abby Brants; Month of March as "Mental
Robbins, Voetberg. Nays—None.
Retardation Awareness Month" received by
Barb Frerichs.
City Manager recommending approval of
Supplement #29 to City Code of Ordinances,
MINUTES SUBMITTED—Airport
presented and read. Council Member
Commission of 12-22-95, 1-16-96 & 2-5-96;
Voetberg moved that the communication be
Cable TV Regulatory Commission of 2-14;
received and filed. Seconded by Council
Environmental Stewardship Advisory
Member Nicholson. Carried by the following
Commission of 2-6; 5 Flags Commission of 2-
vote: Yeas—Mayor Duggan, Council
19; Housing Commission of 2-13; Human
Members Buol, Krieg, Michalski, Nicholson,
Rights Commission of 1-8; Library Board of
Robbins, Voetberg. Nays—None.
Trustees of 1-25; Long Range Planning
Advisory Commission of 1-17 & 2-21; Park &
RESOLUTION NO. 68-96
Recreation Commission of 2-13, presented
ADOPTING SUPPLEMENT NO. 29 TO THE
and read. Council Member Voetberg moved
CODE OF ORDINANCES OF THE CITY OF
that the communication be received and filed.
DUBUQUE, IOWA
Seconded by Council Member Nicholson.
Whereas, under date of July 17, 1989, the
Carried by the following vote: Yeas—Mayor
City Council, pursuant to Ordinance No. 34-
Duggan, Council Members Buol, Krieg,
89, readopted the Code of Ordinances of the
Michalski, Nicholson, Robbins, Voetberg.
City of Dubuque, Iowa for ordinances adopted
Nays—None.
up to and including December 19, 1988; and
Whereas, since December 19, 1988 the
Proof of Publication certified to by the
City Council of the City of Dubuque, Iowa has
Publisher on Notice of publishing minutes for
adopted certain ordinances amending the
meetings of 2-5 & 2-12; Proof of publication
Code of Ordinances and said amendments
certified to by the Publisher on Notice of filing
have been printed as supplements to the Code
of the final plat and schedule of assessments
of Ordinances; and
for 1995 Sidewalk Repairs project; Proof of
Whereas, Section 380.8 of the Code of
publication certified to by the Publisher on
Ordinances provides that supplements, by
Notice of publishing City of Dubuque
resolution, become part of the Code of
employee salaries for calendar year 1995,
Ordinances.
presented and read. Council Member
NOW THEREFORE, BE IT RESOLVED
Voetberg moved that the communication be
BY THE CITY COUNCIL OF THE CITY OF
received and filed. Seconded by Council
DUBUQUE, IOWA:
Member Nicholson. Carried by the following
Section 1. That Supplement No. 29 of the
vote: Yeas—Mayor Duggan, Council
Code of Ordinances of the City of Dubuque,
Members Buol, Krieg, Michalski, Nicholson,
Iowa, covering Ordinances through Ordinance
Robbins, Voetberg. Nays—None.
No. 94-95 enacted through December 18,
Regular Session, March 4, 1996
1995 and prepared by the Sterling Codifers,NOW, THEREFORE, BE IT RESOLVED
Inc., Weiser, ID hereto filed in the Office ofBY THE CITY COUNCIL OF THE CITY OF
the City Clerk of the City of Dubuque, Iowa beDUBUQUE, IOWA:
and is hereby adopted and becomes part ofSection 1. That the dedications of
the Code of Ordinances of the City ofWestmark Drive, together with the easements
Dubuque, Iowa.for public utilities, and storm sewer as they
Passed, approved and adopted this 4th dayappear upon said final plat, be and the same
of March, 1996.are hereby accepted; and
Terrance M. Duggan, MayorSection 2. That the plat of Lots 7, 8, 9 and
Attest: Mary A. Davis, City ClerkLot D of Westmark is hereby approved and
Council Member Voetberg moved adoptionthe Mayor and City Clerk are hereby
of the Resolution. Seconded by Councilauthorized and directed to endorse the
Member Nicholson. Carried by the followingapproval of the City of Dubuque, Iowa, upon
vote: Yeas—Mayor Duggan, Councilsaid final plat, provided the owners of said
Members Buol, Krieg, Michalski, Nicholson,property herein named, execute their written
Robbins, Voetberg. Nays—None.acceptance hereto attached agreeing:
a. To reduce Westmark Drive (Lot D) to grade
City Manager recommending approval ofand to construct concrete curb and gutter and
Bunker Hill Golf Course Operating agreementto hard surface with asphaltic concrete, or with
with G.M.S., Inc. (George Stephenson, golfconcrete paving with integral curb, all in
professional), presented and read. Councilaccordance with the City of Dubuque standard
Member Voetberg moved that thespecifications, all in a manner acceptable to
communication be received and filed andthe City Engineer, and in conformance with
approved the Agreement. Seconded byconstruction improvement plans approved by
Council Member Nicholson. Carried by thethe City Engineer, and inspected by the City
following vote: Yeas—Mayor Duggan, CouncilEngineer.
Members Buol, Krieg, Michalski, Nicholson,b. To install water mains and water service
Robbins, Voetberg. Nays—None.laterals into each individual lot, storm sewers
and catch basins, boulevard street lighting and
Zoning Advisory Commission advising oferosion control devices all in accordance with
the approval of final plat for Westmarkthe City of Dubuque standard specifications,
Corporate Center as requested by Dubuqueall in a manner acceptable to the City
In-Futuro, presented and read. CouncilEngineer, and in accordance with construction
Member Voetberg moved that theimprovement plans approved by the City
communication be received and filed. Engineer, and inspected by the City Engineer.
Seconded by Council Member Nicholson.c. To construct said improvements, prior to
Carried by the following vote: Yeas—Mayortwo (2) years from the date of acceptance of
Duggan, Council Members Buol, Krieg,this resolution, at the sole expense of the
Michalski, Nicholson, Robbins, Voetberg.owners, or future owners;
Nays—None.d. To maintain the public improvements, for a
period of two (2) years from the date of the
RESOLUTION NO. 69-96acceptance of those improvements by the City
A RESOLUTION APPROVING THE FINALof Dubuque, Iowa, at the sole expense of the
PLAT OF LOTS 7, 8, 9 AND LOT D OFowners, or future owners;
WESTMARK, IN THE CITY OF DUBUQUE,And further provided that Dubuque In-
IOWA.Futuro, Inc., as owner of said property, shall
Whereas, there has been filed with the Citysecure the performance of the foregoing
Clerk a final plat of Lots 7, 8, 9 and Lot D ofconditions provided in this Section by
Westmark, in the City of Dubuque, Iowa; andproviding guarantees in such form and with
Whereas, upon said final plat appears asuch sureties as may be acceptable to the City
street to be known as Westmark Drive,Manager of the City of Dubuque, Iowa.
together with certain public utility easementsSection 3. Sidewalk installation shall be the
which the owners by said final plat haveresponsibility of the owner of the property
dedicated to the public forever; andabutting the public right-of-way, as required by
Whereas, the preliminary plat has beenCity Code 41-161 through 41-164. The
examined by the Zoning Commission and hadresponsibility shall extend to all successors,
its approval endorsed thereon; andheirs and assignees. Sidewalk installation will
Whereas, said final plat has been reviewednot be required until the development of the lot
by the City Planner and had his/her approvalhas been completed, except as required
endorsed thereon, subject to the ownersherein. In sparsely developed subdivisions,
agreeing to the conditions noted in Section 2sidewalks on developed lots will not be
below; andrequired until 50% of the lots approved by the
Whereas, said final plat has beenplat have been developed. All vacant lots shall
examined by the City Council and they findhave sidewalks installed upon development of
that it conforms to the statutes and ordinances80% of the lots approved by the plat.
relating to it, except that no streets or publicSection 4. That final acceptance of all
utilities have yet been constructed or installed;public improvements shall occur upon
andcertification of the City Engineer to the City
Whereas, the City Council concurs in theCouncil that all public improvements have
conditions of approval established by thebeen completed in accordance with the
Zoning Commission and the City Planner.improvement plans and City standard
Regular Session, March 4, 1996
specifications and acceptance by City Councilcommunication be received and filed.
resolution.Seconded by Council Member Nicholson.
Section 5. That in the event Dubuque In-Carried by the following vote: Yeas—Mayor
Futuro, Inc., shall fail to execute theDuggan, Council Members Buol, Krieg,
acceptance and furnish the guaranteesMichalski, Nicholson, Robbins, Voetberg.
provided in Section 2 hereof within 45 daysNays—None.
after the date of this Resolution, the provisions
hereof shall be null and void and theCity Manager requesting authorization to
acceptance of the dedication and approval theexecute Administration Services Agreement
plat shall not be effective.between the City and Health Choices, Inc.,
Passed, approved and adopted this 4th daypresented and read. Council Member
of March, 1996.Voetberg moved that the communication be
Terrance M. Duggan, Mayorreceived and filed and approved. Seconded
ATTEST: Mary A. Davis, City Clerkby Council Member Nicholson. Carried by the
ACCEPTANCE OFfollowing vote: Yeas—Mayor Duggan, Council
RESOLUTION NO. 69-96Members Buol, Krieg, Michalski, Nicholson,
We, the undersigned, Dubuque In-Futuro,Robbins, Voetberg. Nays—None.
Inc., having read the terms and conditions of
the Resolution No. 69-96 and being familiarCity Manager advising of no objections to
with the conditions thereof, hereby accept thisCity of Asbury's annexations, presented and
same and agree to the conditions requiredread. Council Member Voetberg moved that
therein.the communication be received and filed.
Dated in Dubuque, Iowa this 19th day ofSeconded by Council Member Nicholson.
March, 1996.Carried by the following vote: Yeas—Mayor
By /s/ Kathryn KriegDuggan, Council Members Buol, Krieg,
Dubuque In-Futuro, Inc.Michalski, Nicholson, Robbins, Voetberg.
By /s/ William CallahanNays—None.
Dubuque In-Futuro, Inc.
Council Member Voetberg moved adoptionCity Manager submitting copy of letter
of the Resolution. Seconded by Councilsupporting Healthy Dubuque 2000 Steering
Member Nicholson. Carried by the followingCommittee's Grant Application to Dubuque
vote: Yeas—Mayor Duggan, CouncilRacing Association, presented and read.
Members Buol, Krieg, Michalski, Nicholson,Council Member Voetberg moved that the
Robbins, Voetberg. Nays—None.communication be received and filed.
Seconded by Council Member Nicholson.
February 6, 1996Carried by the following vote: Yeas—Mayor
Michael C. Van Milligen, City ManagerDuggan, Council Members Buol, Krieg,
City of Dubuque, IowaMichalski, Nicholson, Robbins, Voetberg.
In accordance with Chapter 400.13 of theNays—None.
1995 Code of Iowa, as amended, the Civil
Service Commission conducted written examsCity Manager recommending approval of
on January 8, 1996 in Dubuque, Iowa, andMutual Aid Agreement with Fire Departments
others were conducted at remote sites as setin Dubuque County, East Dubuque Fire
up by McCann Associates, for the position ofDepartment and Jamestown Township Fire
Fire Chief for the City of Dubuque.Department in Kieler, Wisconsin, presented
We hereby certify the following to be anand read. Council Member Voetberg moved
eligible list and request appointment be madethat the communication be received and filed
from this list.and approved Agreement. Seconded by
Rick SteinesMike WhitsonCouncil Member Nicholson. Carried by the
James MillerDonald Coxfollowing vote: Yeas—Mayor Duggan, Council
Louie BlackJohn KellyMembers Buol, Krieg, Michalski, Nicholson,
Dan BrownKerry SeveraRobbins, Voetberg. Nays—None.
Robert BakerKenneth Kreiman
Thomas HarnsbergerPetition from Terry McInroy of Arby's
Respectfully submitted,Restaurant Group of Iowa, Inc., containing
Tom Rawson, Chairperson155 signatures, requesting relocation of stop
James N. Feehan, Civil Service Commissionsign at Jones Street Connector and Main
Council Member Voetberg moved that thisStreet Traffic Control, presented and read.
certification of the Civil Service CommissionCouncil Member Nicholson moved that this be
be received and filed and made a matter ofreceived and filed and referred to the City
record. Seconded by Council MemberManager. Seconded by Council Member
Nicholson. Carried by the following vote:Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.Voetberg. Nays—None.
City Manager responding to request for
installation of pedestrian crosswalks across
Central Ave. at intersections with 18th & 10thRESOLUTION NO. 70-96
Streets, presented and read. CouncilWhereas, applications for Beer Permits
Member Voetberg moved that thehave been submitted and filed to this Council
Regular Session, March 4, 1996
for approval and the same have beenZONING BOARD OF ADJUSTMENT—
examined and approved; and Vicki Bechen spoke on her behalf.
Whereas, the premises to be occupied by
such applicants were inspected and found toAIRPORT ZONING BOARD OF
comply with the Ordinances of this City andADJUSTMENT-
have filed proper bonds.Applicants: Vicki Bechen and James
NOW, THEREFORE, BE IT RESOLVEDBauerly. Vicki Bechen spoke on her behalf.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Council Member Krieg moved that the rules
That the Manager be authorized to cause tobe suspended to allow anyone present to
be issued the following named applicants aaddress the Council if they so desire.
Beer Permit.Seconded by Council Member Robbins.
CLASS "C" BEER PERMITCarried by the following vote: Yeas—Mayor
Lynn KruserKC's Downtown AutoDuggan, Council Members Buol, Krieg,
Center+(Sunday Sales)Michalski, Nicholson, Robbins, Voetberg.
205 LocustNays—None.
Passed, approved and adopted this 4th day
of March, 1996.Proof of publication certified to by the
Terrance M. Duggan, MayorPublisher on notice of Public Hearing to
Attest: Mary A Davis, City Clerkconsider rezoning property located at 395
Council Member Voetberg moved adoptionCedar Cross Road from AG to PUD,
of the Resolution. Seconded by Councilpresented and read. Council Member Krieg
Member Nicholson. Carried by the followingmoved that the communication be received
vote: Yeas—Mayor Duggan, Council Membersand filed. Seconded by Council Member
Buol, Krieg, Michalski, Nicholson, Robbins,Michalski. Carried by the following vote:
Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins.
RESOLUTION NO. 71-96Nays—Council Member Voetberg.
Whereas, applications for Liquor Licenses
have been submitted to this Council forAn Ordinance Amending Zoning Map by
approval and the same have been examinedreclassifying property located at 395 Cedar
and approved; andCross Road from AG Agricultural District to
Whereas, the premises to be occupied byPUD Planned Unit Development District with
such applicants were inspected and found toPR Planned Residential and PC Planned
comply with the State Laws and all CityCommercial Designations and adopting a
Ordinances relevant thereto and they haveConceptual Development Plan, with
filed proper bonds.Conditions, (first and second readings given
NOW, THEREFORE, BE IT RESOLVEDon 2-19-96), presented for further action.
BY THE CITY COUNCIL OF THE CITY OFAttorney Rick Whittey, Jeff Hansel, Greg
DUBUQUE, IOWA:Nauman, Jack Schumacher, addressed the
That the Manager be authorized to cause toCouncil in favor of rezoning. JoAnn McGuire,
be issued the following named applicantsLinda Remy, Cathy Thompson, Sam Perry,
a Liquor License.and Mary Daugherty objected to the proposed
CLASS "B" (HOTEL/MOTEL)rezoning.
LIQUOR LICENSE
Dubuque Lodging Inc.(OFFICIAL PUBLICATION)
Days Inn +(Sunday & Outdoor Sales)ORDINANCE NO. 8-96
1111 Dodge St.AN ORDINANCE AMENDING APPENDIX A
CLASS"C" (COMMERCIAL) BEER(THE ZONING ORDINANCE) OF THE CITY
& LIQUOR LICENSEOF DUBUQUE CODE OF ORDINANCES BY
Fratnl Order of EaglesRECLASSIFYING HEREINAFTER
Fratnl Order of Eagles+(Sunday Sales)DESCRIBED PROPERTY LOCATED AT
1175 Century Dr.395 CEDAR CROSS ROAD FROM AG
Elaine KellyAGRICULTURAL DISTRICT TO PUD
Kelly's PubHwy 20 WestPLANNED UNIT DEVELOPMENT DISTRICT
Enke Invest. Com.WITH PR PLANNED RESIDENTIAL AND PC
Cedars Restr.+(Sunday Sales)PLANNED COMMERCIAL DESIGNATIONS
2155 Southpark CtAND ADOPTING A CONCEPTUAL
Passed, approved and adopted this 4th dayDEVELOPMENT PLAN, WITH
of March, 1996.CONDITIONS.
Terrance M. Duggan, MayorNOW, THEREFORE, BE IT ORDAINED
Attest: Mary A. Davis, City ClerkBY THE CITY COUNCIL OF THE CITY OF
Council Member Voetberg moved adoptionDUBUQUE, IOWA:
of the Resolution. Seconded by CouncilSection 1. Appendix A (the Zoning
Member Nicholson. Carried by the followingOrdinance) of the City of Dubuque Code of
vote: Yeas—Mayor Duggan, CouncilOrdinances is hereby amended by
Members Buol, Krieg, Michalski, Nicholson,reclassifying the hereinafter described
Robbins, Voetberg. Nays—None. property from AG Agricultural to PUD Planned
BOARDS AND COMMISSIONS: Unit Development District with PC Planned
Applicants to address the Council at thisCommercial and PR Planned Residential
meeting if they so desire.designations and adopting a conceptual
Regular Session, March 4, 1996
development plan, a copy of which is attachedregulations set forth in the Zoning Ordinance
to and made a part hereof, with conditions asfor the R-3 Moderate Density Multi-Family
stated below, to wit:Residential District, with the exception of lots
Lot 4 and Lot 5 of Hansel's addition and toand building setbacks, which should conform
the centerline of adjoining public right-of-with that shown on the attached conceptual
way in the City of Dubuque, Iowa.plan.
Section 2. Pursuant to Iowa Code SectionC. Performance Standards.
414.5, and as an express condition of theThe development and maintenance of uses
reclassification, the undersigned propertyin this PUD District shall be established in
owner agrees to the following conditions, all ofconformance with Section 3-5.5 of the Zoning
which the property owner further agrees areOrdinance and the following standards:
reasonable and imposed to satisfy the public1. Proposed public streets in both the Planned
needs that are caused directly by the zoningCommercial and Planned Residential
reclassification:developments shall be designed and built to
A.Use Regulations.City Engineering specifications. There shall
The following regulations shall apply to allbe no public or private street access between
uses made of land in the above describedthe PR residential and PC commercial
PUD District:developments.
1.Principal permitted uses of the PC Planned2. Erosion control devices shall be provided
Commercial development shall be limited to:during the construction phases of both the PR
Public or quasi-public utilities includingand the PC developments.
!
substations-[47].3. Parking requirements for allowed uses in
Mortuary/funeral home-[6].both the PC and PR developments shall be as
!
General offices-[14].per the parking group for the designated use,
!
Medical office/clinic-[36].in accordance with Section 4-2 of the Zoning
!
Dental/medical lab-[8].Ordinance.
!
Barber/beauty shops-[16].4. Sidewalks shall be provided adjoining all
!
Retail sales/service-[17].public streets including Starlight Drive and
!
Laundry/dry cleaner-[19].Cedar Cross Road.
!
Shoe repair-[18].5. Storm water detention facilities will be
!
Indoor restaurant-[20].installed as per City Engineering requirements
!
Supermarket-[17].in both the PC and the PR developments.
!
Tailoring/alterations-[18].6. Final site development plans shall be
!
Furniture/home furnishing-[27].submitted in accordance with Section 4-4 of
!
Appliance sales/service-[27].the Zoning Ordinance of the City of Dubuque,
!
Drive-up automated bank teller-[8].Iowa, prior to construction of any buildings.
!
Animal hospital/clinic-23].No commercial building shall be constructed
!
Photographic studio-[23].unless it was included in final site
!
Neighborhood shopping center-[17].development plans submitted on a building by
!
Business services-[29].building basis as the site develops and
!
Banks/savings and loans, and credit unions-approved by the Zoning Advisory Commission
!
[31].and City Council.
Indoor amusement center-[23].D. Open Space and Landscaping.
!
Indoor recreation facilities-[37].Open space and landscaping in the PUD
!
2. Principal permitted uses of the PRDistrict shall be regulated as follows:
Planned Residential development shall be1. A screen of deciduous and evergreen trees
limited to:shall be planted along Starlight Drive and
Multi-family dwellings (maximum sixCedar Cross Road to act as a buffer between
!
dwelling units per building)-[9].the proposed Planned Commercial and
Outdoor recreation.Planned Residential developments and the
!
3. Accessory uses shall include any useadjacent existing residential development.
customarily incidental and subordinate to theEvergreen screening to be 6 feet in height
principal use it serves.within three growing seasons to the height of
B. Lot and Bulk Regulations.6 feet, planted 5 feet on center.
Development of land in the PUD District shall2. A recreation area for the use by residents of
be regulated as follows:the Planned Residential development shall be
1. All buildings, structures and activities shallmaintained by the property owner(s) and/or
be located in conformance with the attachedassociation.
conceptual development plan and all final site3. Those areas not designated on the
development plans shall be approved inconceptual plan for development shall be
accordance with provisions of the PUDmaintained as open space, as defined by
Planned Unit Development DistrictSection 8 of the Zoning Ordinance, by the
regulations.property owner(s) and/or association.
2. All buildings and structures in the Planned4. Building pads shall be maintained below
Commercial development shall meet bulkgrade of Cedar Cross Road and Starlight
regulations set forth in the Zoning OrdinanceDrive.
for the C-2 Neighborhood Shopping CenterE. Sign Regulations.
District, with the exception that building heightSigns in the PUD District shall be regulated as
shall be limited to 25 feet.follows:
3. All building structures in the Planned1. Signs shall be allowed in the Planned
Residential development shall meet bulkCommercial development as allowed by the C-
Regular Session, March 4, 1996
2 sign regulations of the Zoning Ordinance ofProof of publication certified to by the
the City of Dubuque, Section 4-3.11.Publisher on notice of Public Hearing to
2. Signs shall be allowed in the Plannedconsider rezoning property a 1950 J. F.
Residential development as allowed by the R-3Kennedy Road from OS to C-3 District,
sign regulations of the Zoning Ordinance ofpresented and read. Council Member
the City of Dubuque, Section 4-3.11.Nicholson moved that the communication be
F. Additional Standards.received and filed. Seconded by Council
The conceptual development plan shall beMember Buol. Carried by the following vote:
valid for a period of five (5) years provided aYeas—Mayor Duggan, Council Members
final site development plan is submitted withinBuol, Krieg, Michalski, Nicholson, Robbins,
three (3) years from the date of approval.Voetberg. Nays—None.
G. Transfer of Ownership.
Transfer of ownership or lease of property inAn Ordinance Amending Zoning Map by
this PUD District shall include in the transferreclassifying property located at 1950 J.F.
or lease agreement a provision that theKennedy Road from OS Office Service District
purchaser or lessee acknowledges awarenessto C-3 General Commercial District, with first
of the conditions authorizing the establishmentand second readings given on 2-19-96,
of the PUD District.presented for further action.
H. Reclassification of Subject Property.
The City of Dubuque, Iowa, may initiate zoning(OFFICIAL PUBLICATION)
reclassification proceedings to the AGORDINANCE NO. 9-96
Agricultural District in accordance withAN ORDINANCE AMENDING APPENDIX A
Section 6 of the Zoning Ordinance if the(THE ZONING ORDINANCE) OF THE CITY
property owner(s) fail(s) to complete orOF DUBUQUE CODE OF ORDINANCES,
maintain any of the conditions of thisBY RECLASSIFYING HEREINAFTER
ordinance.DESCRIBED PROPERTY LOCATED AT
I. Modifications.1950 J.F. KENNEDY ROAD FROM OS
Any modifications of this Ordinance must beOFFICE SERVICE DISTRICT TO C-3
approved by the City Council in accordanceGENERAL COMMERCIAL DISTRICT.
with zoning reclassification proceedings ofNOW, THEREFORE, BE IT ORDAINED
Section 6 of the Zoning Ordinance.BY THE CITY COUNCIL OF THE CITY OF
J. Recording.DUBUQUE, IOWA:
A copy of this ordinance shall be recorded atSection 1. That Appendix A (the Zoning
the expense of the property owner(s) with theOrdinance) of the City of Dubuque Code of
Dubuque County Recorder as a permanentOrdinances is hereby amended by
record of the conditions accepted as part ofreclassifying the hereinafter described
this reclassification approval. This ordinanceproperty from OS Office Service District to C-
shall be binding upon the undersigned and3 General Commercial District, to wit:
his/her heirs, successors and assigns.Lot 2 of 1 of Lot A of Block 22 in Key Knolls
Section 3. The foregoing amendment hasSubdivision, except the southerly nine feet
heretofore been reviewed by the Zoningthere of, and to the center line of the adjoining
Advisory Commission of the City of Dubuque,public right-of-way, all in the City of Dubuque,
Iowa.Iowa.
Section 4. The foregoing amendment shallSection 2. The foregoing amendment has
take effect upon publication, as provided byheretofore been reviewed by the Zoning
law.Advisory Commission of the City of Dubuque,
Passed, approved and adopted this 4th dayIowa.
of March, 1996.Section 3. This ordinance shall take effect
Terrance M. Duggan, Mayorimmediately upon publication, as provided by
ATTEST: Mary A. Davis, City Clerklaw.
ACCEPTANCE OF ORDINANCE NO. 8-96Passed, approved and adopted this 4th day
I, Richard V. Hansel, property owner,of March, 1996.
having read the terms and conditions of theTerrance M. Duggan, Mayor
foregoing Ordinance No. 8-96 and beingAttest: Mary A. Davis, City Clerk
familiar with the conditions thereof, herebyPublished officially in the Telegraph Herald
accept the same and agree to the conditionsnewspaper this 11th day of March, 1996.
required therein.1t 3/11Mary A. Davis CMC, City Clerk
Dated this 6th day of April, 1996.Council Member Nicholson moved final
By /s/ Richard V. Hanselconsideration and passage of the Ordinance.
Published officially in the TelegraphSeconded by Council Member Buol. Carried
Herald newspaper this 15th day of April, 1996.by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Krieg, Michalski,
1t 4/15Mary A. Davis CMC, City Clerk
Nicholson, Robbins, Voetberg. Nays—None.
Council Member Voetberg moved final
consideration and passage of the Ordinance,
as amended. Seconded by Council MemberProof of publication certified to by the
Nicholson. Carried by the following vote:Publisher on notice of Public Hearing to
Yeas—Mayor Duggan, Council Membersamend the Conceptual Development Plan for
Buol, Michalski, Nicholson, Robbins,property located at Carter Road at Westmore
Voetberg. Nays—Council Member Krieg.Drive, presented and read. Council Member
Buol moved that the communication be
received and filed. Seconded by Council
Regular Session, March 4, 1996
Member Robbins. Carried by the following1) All building structures and activities shall be
vote: Yeas—Mayor Duggan, Council Memberslocated in substantial conformance with the
Buol, Krieg, Michalski, Nicholson, Robbins,attached conceptual development plan and all
Voetberg. Nays—None.final site development plans shall be approved
in accordance with provisions of the PUD
Steve Boge, developer of the property andDistrict regulations of this ordinance and of
Steve Oldstead, Architect, both spoke givingSection 3-5.5 of the Zoning Ordinance.
more details on the request.2) All buildings and structures shall be in
accordance with the following lot and bulk
An Ordinance Amending Zoning Map byregulations:
amending the Conceptual Development PlanMinimum Front Yard Setback in Feet: 75
for property located on Carter Road acrossfeet
from Westmore Drive located in a PUDMinimum Side Yard Setback in Feet: 42
Planned Unit Development District with afeet
Planned Residential District Designation, firstMinimum Rear Yard Setback in Feet: 48
and second readings given on 2-19-96, nowfeet
presented for final action. Maximum Building Height in Feet: 36 feet
C. Performance Standards.
(OFFICIAL PUBLICATION) The development and maintenance of uses in
ORDINANCE NO. 10-96this PUD District shall be established in
AN ORDINANCE AMENDING APPENDIX Aconformance with Section 3-5.5 of the Zoning
(THE ZONING ORDINANCE) OF THE CITYOrdinance and the following standards:
OF DUBUQUE CODE OF ORDINANCES BY1) Lighting shall be provided per City
AMENDING THE CONCEPTUALstandards.
DEVELOPMENT PLAN FOR2) Landscaping shall be provided in
HEREINAFTER DESCRIBED PROPERTYcompliance with Section 4.4 of the Zoning
LOCATED ON CARTER ROAD ACROSSOrdinance and as stipulated in the conceptual
FROM WESTMORE DRIVE LOCATED IN Adevelopment plan.
PUD PLANNED UNIT DEVELOPMENT3) All utilities including telephone and cable
DISTRICT WITH A PLANNEDtelevision shall be installed underground.
RESIDENTIAL DISTRICT DESIGNATION. 4) Sidewalks shall be placed four (4) feet
NOW, THEREFORE, BE IT ORDAINEDbehind the curb parallel to the street on all
BY THE CITY COUNCIL OF THE CITY OFpublic street frontages and constructed in
DUBUQUE, IOWA:accordance with City standards. In addition,
Section 1. Appendix A (the Zoninga private sidewalk shall be constructed to
Ordinance) of the City of Dubuque Code ofconnect the proposed building with the public
Ordinances is hereby amended by amendingsidewalk along Carter Road.
the conceptual development plan for the5) Final site development plans shall be
hereinafter described property located within asubmitted in accordance with Section 4-4 of
PUD Planned Unit Development District withthe Zoning Ordinance prior to construction of
a Planned Residential designation andeach building or structure unless otherwise
adopting a new conceptual development plan,exempted by Section 4-4.
a copy of which is attached to and made a part6) Off-street parking shall be provided on the
hereof, with conditions as stated below, to wit:basis of 1 space for each dwelling unit.
Lots 1 and 2 and Lot A of St. Mary's Place7) Subdivision plats and improvements plans
No. 5, a subdivision of Lot 2 of St. Mary'sshall be submitted in accordance with Chapter
Place No. 4, and to the center line of the42 of the City of Dubuque Code of
adjoining public right-of-way, all in the CityOrdinances.
of Dubuque, Iowa.D. Open Space and Recreational Areas
Section 2. Pursuant to Iowa Code Section Those areas not designated on the
414.5 (1993), and as an express condition ofconceptual development plan for development
the reclassification, the undersigned propertyshall be maintained as open space, as defined
owner(s) agree(s) to the following conditions,by Section 8 of the Zoning Ordinance by the
all of which the property owner(s) furtherproperty owner(s) and/or association.
agree(s) are reasonable and imposed toE. Sign Regulations.
satisfy the public needs that are causedThe sign regulations shall be in accordance
directly by the zoning reclassification:with the R-4 Multi-Family Residential District
A.Use Regulations.as established in Section 4-3.11 of the Zoning
The following regulations shall apply to allOrdinance.
uses made of land in the above describedF. Additional Standards.
PUD District:1) The conceptual development plan shall be
1)Principal permitted uses shall be limited to:valid for a period of five (5) years provided a
a) Principal permitted uses shall be limited tofinal site development plan is submitted within
64 senior housing units in one building.two (2) years from the date of approval.
2) Accessory uses shall include any use2) That all previously approved conceptual
customarily incidental and subordinate to thedevelopment plans are hereby amended to
principal use it serves.allow for the attached conceptual development
B.Lot and Bulk Regulations.plan.
Development of land in the PUD District shallG. Transfer of Ownership
be regulated as follows: Transfer of ownership or lease of property in
this PUD District shall include in the transfer
Regular Session, March 4, 1996
or lease agreement a provision that theORDINANCE NO. 11-96
purchaser or lessee acknowledges awarenessAN ORDINANCE AMENDING APPENDIX A
of the conditions authorizing the establishment(THE ZONING ORDINANCE) OF THE CITY
of the district.OF DUBUQUE CODE OF ORDINANCES,
H. Modifications.BY REPEALING SECTION 3-4.1(B)
Any modifications of this Ordinance mustPRINCIPAL PERMITTED USES AND
be approved by the City Council in accordanceADOPTING A NEW SECTION 3-4.1(B) IN
with zoning reclassification proceedings ofLIEU THEREOF TO ALLOW DRIVE-
Section 6 of the Zoning Ordinance.IN/CARRY-OUT RESTAURANTS FOR THE
I. Recording.LI LIGHT INDUSTRIAL DISTRICT.
A copy of this ordinance shall be recordedNOW THEREFORE, BE IT ORDAINED
at the expense of the property owner(s) withBY THE CITY COUNCIL OF THE CITY OF
the Dubuque County Recorder as aDUBUQUE, IOWA:
permanent record of the conditions acceptedSection 1. Appendix A (the Zoning
as part of this reclassification approval. ThisOrdinance) of the City of Dubuque Code of
ordinance shall be binding upon theOrdinances is hereby amended by repealing
undersigned and his/her heirs, successorsSection 3-4.1(B) and adopting the following
and assigns.new Section 3-4.1(B) in lieu thereof:
Section 3. The foregoing amendment has(B) Principal Permitted Uses. The following
heretofore been reviewed by the Zoninguses shall be permitted in the LI District:
Commission of the City of Dubuque, Iowa.(1) Railroads and public or quasi-public
Section 4. The foregoing amendment shallutilities including substations [47].
take affect upon publication, as provided by (2) General offices [14].
law. (3) Medical/dental lab [8].
Passed, approved and adopted this 4th day (4) Personal services [14].
of March, 1996. (5) Off-street parking lot [N/A].
Terrance M. Duggan, Mayor (6) Gas station [18].
ATTEST: Mary A. Davis, City Clerk (7) Grocery store [17].
ACCEPTANCE OF (8) Bakery (wholesale/commercial) [19].
ORDINANCE NO. 10-96 (9) Indoor restaurant [20].
I, Steve Boge, property owner, having read(10) Drive-in/carry-out restaurant [28].
the terms and conditions of the foregoing(11) Bar/tavern [20].
Ordinance No. 10-96 and being familiar with(12) Automated gas station [18].
the conditions thereof, hereby accept the(13) Service station [21].
same and agree to the conditions required(14) Drive-up automated bank teller [8].
therein.(15) Self-service carwash [8].
Dated this 1st day of May, 1996.(16) Animal hospital/clinic [23].
By /s/ Steve Boge(17) Furniture upholstery/repair [18].
Renaissance Development(18) Business services [29].
Published officially in the Telegraph(19) Banks, savings and loans, and credit
unions [31].
Herald newspaper this 6th day of May, 1996.
(20) Vending/game machine sales/service
1t 5/6Mary A. Davis CMC, City Clerk
[19].
Council Member Buol moved final consider-
(21) Indoor recreation facilities [37].
ation and passage of the Ordinance.
(22) Mail-order houses [23].
Seconded by Council Member Robbins.
(23) Lumberyards/building materials sales
Carried by the following vote: Yeas—Mayor
[19].
Duggan, Council Members Buol, Krieg,
(24) Construction supplies, sales and service
Michalski, Nicholson, Robbins, Voetberg.
[19].
Nays—None.
(25) Printing and publishing [32].
(26) Moving/storage facilities [33].
Proof of publication certified to by the
(27) Full-service carwash [8].
Publisher on notice of public hearing on text
(28) Auto service centers [34].
amendments to the Zoning Ordinance by
(29) Auto sales and service [38].
adding drive-thru/carry-out restaurants in the
(30) Auto repair/body shop [35].
LI, HI and MHI Zoning Districts, presented
(31) Truck sales, service and repair [39].
and read. Council Member Voetberg moved
(32) Farm implement sales, services and
that the communication be received and filed.
repair [39].
Seconded by Council Member Nicholson.
(33) Auto parts/supply [17].
Carried by the following vote: Yeas—Mayor
(34) Mobile home sales [40].
Duggan, Council Members Buol, Krieg,
(35) Motorcycle sales/service [41].
Michalski, Nicholson, Robbins, Voetberg.
(36) Boat sales/service [40].
Nays—None.
(37) Recreation vehicle sales/service [38].
(38) Vehicle rental [47].
An Ordinance Amending Zoning Ordinance
(39) Upholstery shop [42].
by adopting a new Section 3-4.1(B) in lieu
(40) Parking structure [N/A].
thereof to allow Drive-in/Carry-out restaurants
(41) Personal [29]/business services [14].
for the LI Light Industrial District, first and
(42) Contractors shop/yard [33].
second readings given on 2-19-96, now
(43) Wholesale sales/distributor [29].
presented for final action.
(44) Freight transfer facilities [44].
(45) Fuel and ice dealers [33].
(OFFICIAL PUBLICATION)
Regular Session, March 4, 1996
(46) Agricultural supply sales [19].NOW THEREFORE, BE IT ORDAINED
(47) Cold storage/locker plant [15].BY THE CITY COUNCIL OF THE CITY OF
(48) Packing and processing of meat, dairy orDUBUQUE, IOWA:
food products, but not to includeSection 1. Appendix A (the Zoning
slaughterhouses or stockyards [33].Ordinance) of the City of Dubuque Code of
(49) Compounding, processing, andOrdinances is hereby amended by repealing
packaging of chemical products, but notSection 3-4.2(B) and adopting the following
including highly flammable or explosivenew Section 3-4.2(B) in lieu thereof:
materials [33].(B) Principal Permitted Uses. The following
(50) Manufacture, assembly, repair or storageuses shall be permitted in the HI District:
of electrical and electronic products,(1) Railroads and public or quasi-public
components, or equipment [33].utilities including substations [47].
(51) Laboratories for research or engineering(2) General offices [47].
[33].(3) Medical/dental lab [8].
(52) Warehousing and storage facilities [33].(4) Personal services [14].
(53) Manufacture or assembly of musical(5) Off-street parking lot [N/A].
instruments; toys; watches or clocks; medical,(6) Gas station [18].
dental, optical, or similar scientific(7) Bakery (wholesale/commercial) [19].
instruments; orthopedic or medical appliances;(8) Indoor restaurant [20].
signs or billboards [33].(9) Drive-in/carry-out restaurant [28].
(54) Manufacturing, compounding, assembly(10) Bar/tavern [20].
or treatment of articles or products from the(11) Automated gas station [18].
following substances: clothing or textiles;(12) Service station [21].
rubber; precious or semi-precious stones or(13) Drive-up automated bank teller [8].
metals; wood; plastics; paper; leather; fiber;(14) Self-service carwash [8].
glass; hair; wax; sheet metal; concrete,(15) Animal hospital/clinic [23].
feathers; fur; and cork, but not including the(16) Furniture upholstery/repair [18].
manufacture of such raw substances as a(17) Business services [29].
principal operation [33].(18) Banks, savings and loans, and credit
[ ] Parking group - See Section 4-2 of thisunions [31].
Ordinance.(19) Vending/game machine sales/service
Section 2. This ordinance has heretofore[19].
been reviewed by the Zoning Advisory(20) Indoor recreation facilities [37].
Commission of the City of Dubuque, Iowa.(21) Mail-order houses [23].
Section 3. This ordinance shall take effect(22) Lumberyards/building materials sales
immediately upon publication, as provided by[19].
law.(23) Construction supplies, sales and service
Passed, approved and adopted this 4th day[19].
of March, 1996.(24) Printing and publishing [32].
Terrance M. Duggan, Mayor(25) Moving/storage facilities [33].
Attest: Mary A. Davis, City Clerk(26) Full-service carwash [8].
Published officially in the Telegraph Herald(27) Auto service centers [34].
(28) Auto sales and service [38].
newspaper this 13th day of March, 1996.
(29) Auto repair/body shop [35].
1t 3/13Mary A. Davis, City Clerk
(30) Truck sales, service and repair [39].
Council Member Voetberg moved final
(31) Farm implement sales, services and
consideration and passage of the Ordinances.
repair [39].
Seconded by Council Member Nicholson.
(32) Auto parts/supply [17].
Carried by the following vote: Yeas—Mayor
(33) Mobile home sales [40].
Duggan, Council Members Buol, Krieg,
(34) Motorcycle sales/service [41].
Michalski, Nicholson, Robbins, Voetberg.
(35) Boat sales/service [40].
Nays—None.
(36) Recreation vehicle sales/service [38].
(37) Vehicle rental [47].
An Ordinance Amending Zoning Ordinance
by adopting a new Section 3-4.2(B) in lieu(38) Upholstery shop [42].
thereof to allow Drive-in/Carry-out restaurants(39) Parking structure [N/A].
for the HI Heavy Industrial District, first and(40) Contractors shop/yard [33].
second readings given on 2-19-96, now(41) Wholesale sales/distributor [29].
presented for further action. (42) Freight transfer facilities [44].
(43) Fuel and ice dealers [33].
(OFFICIAL PUBLICATION)(44) Agricultural supply sales [19].
ORDINANCE NO. 12-96(45) Cold storage/locker plant [15].
AN ORDINANCE AMENDING APPENDIX A(46) Packing and processing of meat, dairy or
(THE ZONING ORDINANCE) OF THE CITYfood products, but not to include
OF DUBUQUE CODE OF ORDINANCES,slaughterhouses or Stockyards [33].
(47) Compounding, processing, and
BY REPEALING SECTION 3-4.2(B)
packaging of chemical products, but not
PRINCIPAL PERMITTED USES AND
including highly flammable or explosive
ADOPTING A NEW SECTION 3-4.2(B) IN
materials [33].
LIEU THEREOF TO ALLOW DRIVE-
(48) Manufacture, assembly, repair or storage
IN/CARRY-OUT RESTAURANTS FOR THE
of electrical and electronic products,
HI HEAVY INDUSTRIAL DISTRICT.
components, or equipment [33].
Regular Session, March 4, 1996
(49) Laboratories for research or engineeringOF DUBUQUE CODE OF ORDINANCES,
[33].BY REPEALING SECTION 3-4.4(B)
(50) Warehousing and storage facilities [33].PRINCIPAL PERMITTED USES AND
(51) Manufacture or assembly of musicalADOPTING A NEW SECTION 3-4.4(B) IN
instruments; toys; watches or clocks; medical,LIEU THEREOF TO ALLOW DRIVE-
dental, optical, or similar scientificIN/CARRY-OUT RESTAURANTS FOR THE
instruments; orthopedic or medical appliances;MHI MODIFIED HEAVY INDUSTRIAL
signs or billboards [33].DISTRICT.
(52) Manufacturing, compounding, assemblyNOW THEREFORE, BE IT ORDAINED
or treatment of articles or products from theBY THE CITY COUNCIL OF THE CITY OF
following substances: clothing or textiles;DUBUQUE, IOWA:
rubber; precious or semi-precious stones orSection 1. Appendix A (the Zoning
metals; wood; plastics; paper; leather; fiber;Ordinance) of the City of Dubuque Code of
glass; hair; wax; sheet metal; concrete,Ordinances is hereby amended by repealing
feathers; fur; and cork [33].Section 3-4.4(B) and adopting the following
(53) Manufacture, storage or processing of thenew Section 3-4.4(B) in lieu thereof:
following products or materials; glue,(B)Principal Permitted Uses. The following
petroleum products or any flammable liquid;uses shall be permitted in the MHI District:
asphalt or concrete products; explosive(1) Railroads and public or quasi-public
materials of any type; structural steel andutilities including substations [47].
foundry products; fertilizer, pharmaceutical(2) General offices [47].
products, including cosmetics, toiletries, and(3) Medical/dental lab [8].
soap; and stone products, including brick,(4) Personal services [14].
building stone, and similar masonry materials(5) Off-street parking lot [N/A].
[33].(6) Gas station [18].
(54) Slaughterhouses or stockyards [44].(7) Bakery (wholesale/commercial) [19].
(55) Manufacture or processing of the(8) Indoor restaurant [20].
following materials; acid, lime or lime products;(9) Drive-in/carry-out restaurant [28].
coke; coal tar; creosote; celluloid or cellulose(10) Bar/tavern [20].
products; detergent; and ammonia or chlorine(11) Automated gas station [18].
[33].(12) Service station [21].
(56) Sanitary landfills [47].(13) Drive-up automated bank teller [8].
(57) Sewage treatment plants [47].(14) Self-service carwash [8].
(58)Crematoriums; reduction plants;(15) Animal hospital/clinic [23].
foundries, forges or smelters [15].(16) Furniture upholstery/repair [18].
(59) Junk yards, salvage yards [44].(17) Business services [29].
(60) Grain/barge terminal [44].(18) Banks, savings and loans, and credit
[ ] Parking group - See Section 4-2 of thisunions [31].
Ordinance.(19) Vending/game machine sales/service
Section 2. This ordinance has heretofore[19].
been reviewed by the Zoning Advisory(20) Indoor recreation facilities [37].
Commission of the City of Dubuque, Iowa.(21) Mail-order houses [23].
Section 3. This ordinance shall take effect(22) Lumberyards/building materials sales
immediately upon publication, as provided by[19].
law.(23) Construction supplies, sales and service
Passed, approved and adopted this 4th day[19].
of March, 1996.(24) Printing and publishing [32].
Terrance M. Duggan, Mayor(25) Moving/storage facilities [33].
Attest: Mary A. Davis, City Clerk(26) Full-service carwash [8].
Published officially in the Telegraph Herald(27) Auto service centers [34].
(28) Auto sales and service [38].
newspaper this 13th day of March, 1996.
(29) Auto repair/body shop [35].
1t 3/13Mary A. Davis CMC, City Clerk
(30) Truck sales, service and repair [39].
Council Member Voetberg moved final
consideration and passage of the Ordinance.(31) Farm implement sales, services and
Seconded by Council Member Nicholson.repair [39].
Carried by the following vote: Yeas—Mayor(32) Auto parts/supply [7].
Duggan, Council Members Buol, Krieg,(33) Mobile home sales [40].
Michalski, Nicholson, Robbins, Voetberg.(34) Motorcycle sales/service [41].
Nays—None. (35) Boat sales/service [40].
(36) Recreation vehicle sales/service [38].
An Ordinance Amending Zoning Ordinance(37) Vehicle rental [47].
by adopting a new Section 3-4.4(B) in lieu(38) Upholstery shop [42].
thereof to allow Drive-in/Carry-out restaurants(39) Parking structure [N/A].
for the MHI Modified Heavy Industrial District,(40) Contractors shop/yard [33].
(41) Wholesale sales/distributor [29].
first & second readings given on 2-19-96, now
(42) Freight transfer facilities [44].
presented for final action.
(43) Fuel and ice dealers [33].
(44) Agricultural supply sales [19].
(OFFICIAL PUBLICATION)
(45) Cold storage/locker plant [15].
ORDINANCE NO. 13-96
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
Regular Session, March 4, 1996
(46) Packing and processing of meat, dairy orproperty so it could be used for a Holistic
food products, but not to includeHealth Center. Claudia Jones, Director of
slaughterhouses or Stockyards [33].Dubuque Main St., spoke stating that it was
(47) Compounding, processing, anda positive use of the property. Peggy Kaune,
packaging of chemical products, but notpart owner, and Herb Bisping, Realtor, spoke
including highly flammable or explosiverequesting favorable rezoning.
materials [33].
(48) Manufacture, assembly, repair or storageAn Ordinance Amending Zoning Map by
of electrical and electronic products,reclassifying property located at 1320 Locust
components, or equipment [33].Street from OR Office Residential District to
(49) Laboratories for research or engineeringC-4 Downtown Commercial District, said
[33].rezoning denied by Zoning Advisory
(50) Warehousing and storage facilities [33].Commission, first reading only of the
(51) Manufacture or assembly of musicalOrdinance given on 2-19-96, now presented
instruments; toys; watches or clocks; medical,for further action. Council Member Nicholson
dental, optical, or similar scientificmoved that the Public Hearing be closed on
instruments; orthopedic or medical appliances;this matter and that it be tabled for one month
signs or billboards [33].with applicant directed to submit a list of C-4
(52) Manufacturing, compounding, assemblypermitted uses. Seconded by Council Member
or treatment of articles or products from theMichalski. Carried by the following vote:
following substances: clothing or textiles;Yeas—Mayor Duggan, Council Members
rubber; precious or semi-precious stones orBuol, Krieg, Michalski, Nicholson, Robbins,
metals; wood; plastics; paper; leather; fiber;Voetberg. Nays—None.
glass; hair; wax; sheet metal; concrete,
feathers; fur; and cork [33].Proof of publication certified to by the
(53) Manufacture, storage or processing of thePublisher on notice of public hearing to
following products or materials; glue,consider conveying City's interest in Lots 4
petroleum products or any flammable liquid;and 9 in Ice Harbor Development to Dubuque
asphalt or concrete products; explosiveCounty Historical Society, presented and read.
materials of any type; structural steel andCouncil Member Buol moved that the
foundry products; fertilizer, pharmaceuticalcommunication be received and filed.
products, including cosmetics, toiletries, andSeconded by Council Member Robbins.
soap; and stone products, including brick,Carried by the following vote: Yeas—Mayor
building stone, and similar masonry materialsDuggan, Council Members Buol, Krieg,
[33].Michalski, Nicholson, Robbins, Voetberg.
[ ] Parking group - See Section 4-2 of thisNays—None.
Ordinance.
Section 2. This ordinance has heretoforeRESOLUTION NO. 72 - 96
been reviewed by the Zoning AdvisoryRESOLUTION DISPOSING OF INTEREST
Commission of the City of Dubuque, Iowa.IN REAL PROPERTY BY THE CITY OF
Section 3. This ordinance shall take effectDUBUQUE, IOWA
immediately upon publication, as provided byWHEREAS, pursuant to Resolution and
law.published notice of the time and place of
Passed, approved and adopted this 4th dayhearing, published in the Telegraph Herald, a
of March, 1996.newspaper of general circulation published in
Terrance M. Duggan, Mayorthe city of Dubuque, Iowa, on the 23rd day of
Attest: Mary A. Davis, City ClerkFebruary, 1996, the City Council of the City of
Published officially in the Telegraph HeraldDubuque, Iowa, met on the 4th day of March,
1996, at 7:00 o'clock p.m. in the public library
newspaper this 13th day of March, 1996.
auditorium, 11th & Locust, Dubuque, Iowa, to
1t 3/13Mary A. Davis CMC, City Clerk
consider the disposal of the City's interest in
Council Member Voetberg moved adoption
real property to be known as Lots 3, 4, 5, 6, 9
of the Ordinance. Seconded by Council
and 10, Ice Harbor Development, as shown on
Member Nicholson. Carried by the following
vote: Yeas—Mayor Duggan, Councilthe final plat thereof;
Members Buol, Krieg, Michalski, Nicholson,WHEREAS, the City Council of the City of
Robbins, Voetberg. Nays—None. Dubuque, Iowa, overruled any and all
objections, oral or written, to the disposal of
Proof of publication certified to by thesuch interest in the above-described real
Publisher on notice of public hearing toproperty,
consider rezoning property located at 1320NOW THEREFORE, BE IT RESOLVED
Locust Street from OR to C-4 District,BY THE CITY COUNCIL OF THE CITY OF
presented and read. Council MemberDUBUQUE, IOWA:
Nicholson moved that the proof be receivedSection 1. The disposal of the interest of
and filed. Seconded by Council Member Buol.the City of Dubuque, Iowa, in the foregoing-
described real property is hereby approved.
Carried by the following vote: Yeas—Mayor
Section 2. The Mayor is authorized and
Duggan, Council Members Buol, Krieg,
directed to execute deeds conveying the City's
Michalski, Nicholson, Robbins, Voetberg.
interest in Lot 4 and Lot 9 and easements over
Nays—None.
Lots 3, 5, 6 and 10, as shown by the Warranty
Deed attached hereto, to the Dubuque County
Loren Kringle, owner of the property, spoke
Historical Society in exchange for deeds to the
requesting favorable reclassification of the
Regular Session, March 4, 1996
property owned by the Dubuque CountyCouncil Members Buol, Krieg, Michalski,
Historical Society.Nicholson, Robbins, Voetberg. Nays—None.
Section 3. The City Clerk is authorized and
directed to record a certified copy of thisRESOLUTION NO. 73-96
Resolution in the offices of the City Assessor,PRELIMINARY APPROVAL OF PLANS
Dubuque County Recorder, and the DubuqueAND SPECIFICATIONS
County Auditor.NOW THEREFORE, BE IT RESOLVED
Passed, approved and adopted this 4th dayBY THE CITY COUNCIL OF THE CITY OF
of March, 1996.DUBUQUE, IOWA:
Terrance M. Duggan, MayorThat the proposed plans, specifications,
Attest: Mary A. Davis, City Clerkform of contract and estimated cost for the
Council Member Buol moved adoption ofU.S. 20 - Dodge Street Sanitary Relocation -
the Resolution. Seconded by Council MemberBluff to Grandview, in the estimated amount of
Robbins. Carried by the following vote:$366,087.05, are hereby approved and
Yeas—Mayor Duggan, Council Membersordered filed in the office of the City Clerk for
Buol, Krieg, Michalski, Nicholson, Robbins,public inspection.
Voetberg. Nays—None. Passed, adopted and approved this 4th day
of March, 1996.
Environmental Stewardship AdvisoryTerrance M. Duggan, Mayor
Commission requesting feedback andAttest: Mary A. Davis, City Clerk
direction regarding development of aCouncil Member Voetberg moved adoption
Riverfront Plan, presented and read. of the Resolution. Seconded by Council
Member Krieg. Carried by the following vote:
Mike Buelow, Chair of the Commission,Yeas—Mayor Duggan, Council Members
spoke requesting confirmation of theirBuol, Krieg, Michalski, Nicholson, Robbins,
direction. Bob Felderman spoke stressingVoetberg. Nays—None.
appreciation to Laura Carstens and Mary Rose
Corrigan.RESOLUTION NO. 74-96
FIXING DATE OF HEARING ON PLANS
Council Member Voetberg moved that theAND SPECIFICATIONS
communication be received and filed.Whereas, the City Council of the City of
Seconded by Council Member Nicholson.Dubuque, Iowa has given its preliminary
Carried by the following vote: Yeas—Mayorapproval on the proposed plans,
Duggan, Council Members Buol, Krieg,specifications, and form of contract and
Michalski, Nicholson, Robbins, Voetberg.placed same on file in the office of the City
Nays—None. Clerk for public inspection of the U.S. 20 -
Dodge Street Sanitary Relocation - Bluff to
City Manager providing update on status ofGrandview.
contract for management services at Keyline,NOW THEREFORE, BE IT RESOLVED
presented and read. Council MemberBY THE CITY COUNCIL OF THE CITY OF
Nicholson moved that the communication beDUBUQUE, IOWA:
received and filed and approvedThat on the 18th day of March, 1996, a
recommendation to hire a Transit Manager aspublic hearing will be held at 7:00 p.m. in the
a City employee. Seconded by CouncilPublic Library Auditorium at which time
Member Robbins. Carried by the followinginterested persons may appear and be heard
vote: Yeas—Mayor Duggan, Councilfor or against the proposed plans and
Members Buol, Krieg, Michalski, Nicholson,specifications, form of contract and cost of
Robbins, Voetberg. Nays—None. said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
City Manager recommending City ofand place of such hearing to be published in a
Dubuque join with other cities through ournewspaper having general circulation in the
Washington, D.C. attorneys to file commentsCity of Dubuque, Iowa, which notice shall be
regarding FCC Rulemaking, presented andnot less than four days nor more than twenty
read. Council Member Nicholson moved thatdays prior to the day fixed for its consideration.
the communication be received and filed andAt the hearing, any interested person may
approved the recommendation. Seconded byappear and file objections to the proposed
Council Member Krieg. Carried by theplans, specifications, contract, or estimated
following vote: Yeas—Mayor Duggan, Councilcost of the improvement.
Members Buol, Krieg, Michalski, Nicholson,Passed, adopted and approved this 4th day
Robbins, Voetberg. Nays—None. of March, 1996.
Terrance M. Duggan, Mayor
City Manager submitting documentsAttest:
providing for the bidding process forMary A. Davis, City Clerk
construction of U.S. #20 - Dodge StreetCouncil Member Voetberg moved adoption
Sanitary Sewer Relocation - Bluff toof the Resolution. Seconded by Council
Grandview, presented and read. CouncilMember Krieg. Carried by the following vote:
Member Voetberg moved that theYeas—Mayor Duggan, Council Members
communication be received and filed.Buol, Krieg, Michalski, Nicholson, Robbins,
Seconded by Council Member Krieg. CarriedVoetberg. Nays—None.
by the following vote: Yeas—Mayor Duggan,
RESOLUTION NO. 75-96
Regular Session, March 4, 1996
ORDERING BIDSand certified copy of this resolution in the
NOW THEREFORE, BE IT RESOLVEDoffice of the Recorder, in and for Dubuque
BY THE COUNCIL OF THE CITY OFCounty, Iowa.
DUBUQUE, IOWA:Passed, approved and adopted this 4th day
That the U.S. 20 - Dodge Street Sanitaryof March, 1996.
Relocation - Bluff to Grandview is herebyTerrance M. Duggan, Mayor
ordered to be advertised for bids forAttest: Mary A. Davis, City Clerk
construction.Council Member Voetberg moved adoption
BE IT FURTHER RESOLVED, that theof the Resolution. Seconded by Council
amount of the security to accompany each bidMember Buol. Carried by the following vote:
shall be in an amount which shall conform toYeas—Mayor Duggan, Council Members
the provisions of the notice to bidders herebyBuol, Krieg, Michalski, Nicholson, Robbins,
approved as a part of the plans andVoetberg. Nays—None.
specifications heretofore adopted.
That the City Clerk is hereby directed toAn Ordinance Vacating portion of Pine St.
advertise for bids for the construction of thebetween 9th & 10th Streets, presented and
improvements herein provided, to be publishedread.
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall(OFFICIAL PUBLICATION)
not be less than four days nor more thanORDINANCE NO. 14-96
twenty days prior to the receipt of said bids atORDINANCE VACATING A PORTION OF
2:00 p.m. on the 13th March, 1996. Bids shallPINE STREET BETWEEN 9TH AND 10TH
be opened and read by the City Clerk at saidSTREETS
time and will be submitted to the Council forWhereas, the Iowa Department of
final action at 7:00 p.m. on the 18th day ofTransportation has requested the vacating of
March, 1996.a portion of Pine Street between 9th and 10th
Passed, adopted and approved this 4th dayStreets; and
of March, 1996.Whereas, the City of Dubuque has
Terrance M. Duggan, Mayorprepared and submitted to the City Council a
Attest: Mary A. Davis, City Clerkplat showing the vacated portion of Pine Street
Council Member Voetberg moved adoptionbetween 9th and 10th Streets and assigned a
of the Resolution. Seconded by Councillot number thereto, which hereinafter shall be
Member Krieg. Carried by the following vote:known and described as City Lot 506C in the
Yeas—Mayor Duggan, Council MembersCity of Dubuque, Dubuque County, Iowa;
Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, the City Council of the City of
Voetberg. Nays—None. Dubuque, Iowa has determined that City Lot
506C is no longer required for public use,
City Manager recommending to vacate aexcept for utility easements as noted, and
portion of Pine St. between 9th & 10th Streets,vacating of said portions of Pine Street known
presented and read. Council Memberas City Lot 506C in the City of Dubuque,
Voetberg moved that the communication beDubuque County, Iowa should be approved.
received and filed. Seconded by CouncilNOW, THEREFORE, BE IT ORDAINED
Member Buol. Carried by the following vote:BY THE CITY COUNCIL OF THE CITY OF
Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA:
Buol, Krieg, Michalski, Nicholson, Robbins,Section 1. That the real estate described
Voetberg. Nays—None. as City Lot 506C in the City of Dubuque, Iowa,
be and the same is hereby vacated.
RESOLUTION NO. 76-96Passed, approved and adopted this 4th day
RESOLUTION APPROVING PLAT OFof March, 1996.
CITY LOT 506CTerrance M. Duggan, Mayor
Whereas, there has been presented to theAttest: Mary A. Davis, City Clerk
City Council of the City of Dubuque, Iowa, aPublished officially in the Telegraph Herald
plat dated February 29, 1996, prepared by the
newspaper this 8th day of March, 1996.
City of Dubuque, describing the proposed1t 3/8Mary A. Davis CMC, City Clerk
vacated portion of Pine Street between 9thCouncil Member Voetberg moved that the
and 10th Streets; andrequirement that a proposed Ordinance be
Whereas, said plat conforms to the lawsconsidered and voted on for passage at two
and statutes pertaining thereto.Council Meetings prior to the meeting at which
NOW, THEREFORE, BE IT RESOLVEDit is to be finally passed be suspended.
BY THE CITY COUNCIL OF THE CITY OFSeconded by Council Member Buol. Carried
DUBUQUE, IOWA:by the following vote: Yeas—Mayor Duggan,
Section 1. That the plat dated February 29,Council Members Buol, Krieg, Michalski,
1996, prepared by the City of Dubuque,Nicholson, Robbins, Voetberg. Nays—None.
relative to the real estate hereinabove Council Member Voetberg moved final
described be and the same is hereby
consideration and passage of the Ordinance.
approved, and the Mayor and City Clerk be
Seconded by Council Member Buol. Carried
and they are hereby authorized and directed to
by the following vote: Yeas—Mayor Duggan,
execute said plat for and on behalf of the City
Council Members Buol, Krieg, Michalski,
of Dubuque, Iowa.
Nicholson, Robbins, Voetberg. Nays—None.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
RESOLUTION NO. 77-96
Regular Session, March 4, 1996
RESOLUTION DISPOSING OF CITYNays—None. The meeting adjourned at 10:32
INTEREST IN CITY LOT 506C IN THE CITYp.m.
OF DUBUQUE, IOWA
Whereas, the Iowa Department ofMary A. Davis CMC
Transportation has requested the vacating ofCity Clerk
Pine Street between 9th and 10th Streets; and
Whereas, the City of Dubuque has
prepared and submitted to the City Council aApproved , 1997
plat showing the vacated portion of Pine Street
between 9th and 10th Streets and assigned aAdopted , 1997
lot number thereof, which hereinafter shall be
known and described as City Lot 506C in the Mayor
City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this
portion of Pine Street between 9th and 10th
Streets is no longer required for public use,
except for utility easements as noted, and
vacating and sale of said portions of alleys and Council Members
streets known as City Lot 506C in the City ofAttest:
Dubuque, Dubuque County, Iowa should be
approved.
NOW, THEREFORE, BE IT RESOLVEDCity Clerk
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in City Lot
506C in the City of Dubuque, Iowa.
Section 2. That the conveyance of City Lot
506C in the City of Dubuque, Iowa to the Iowa
Department of Transportation be contingent
upon the payment of $1.00, plus platting,
publication and filing fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause and
notice of intent to dispose of said real estate in
the manner as prescribed by law.
Passed, approved and adopted this 4th day
of March, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
At 9:49 p.m., Council Member Nicholson
moved to go into Closed Session in
accordance with Ch. 21.5.1(J) to discuss
purchase of real estate where premature
disclosure could be reasonably expected to
increase the price the governmental body
would have to pay for that property. Seconded
by Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
At 10:31 Council reconvened in Regular
Session. The Mayor announced Staff had
been given further direction.
There being no further business, Council
Member Krieg moved to adjourn the meeting.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Special Session, March 6, 1996
by the following vote: Yeas—Mayor Duggan,
DUBUQUE
Council Members Buol, Michalski, Robbins.
Nays—None. Absent—Council Member Krieg,
Nicholson, Voetberg.
CITY COUNCIL
Council Member Robbins moved that
$5000 be removed from the Human Rights
OFFICIAL
budget regarding the financing of the Fair
PROCEEDINGS
Housing Video. Seconded by Council
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Robbins. Nays—Council Member
Fiscal Year 1997 Budget Public Hearing
Michalski. Absent—Council Member Krieg,
Special Session, City Council, March 6, 1996.
Nicholson, Voetberg.
Council Met at 7:05 p.m., Public Library
Auditorium
RESOLUTION NO. 78-96
Present: Mayor Duggan, Council Members
A RESOLUTION ADOPTING THE ANNUAL
Buol, Michalski, Robbins, City Manager
BUDGET AS AMENDED FOR THE FISCAL
Michael Van Milligen, Corporation Counsel
YEAR ENDING JUNE 30, 1997
Barry Lindahl.
NOW THEREFORE, BE IT RESOLVED
Absent: Council Members Krieg,
BY THE CITY COUNCIL OF THE CITY OF
Nicholson, Voetberg.
DUBUQUE, IOWA:
Section 1. That the annual budget as
Mayor Duggan read the call and stated this
amended for the fiscal year ending June 30,
is a Special Session of the City Council called
1997, as set forth in the Adoption of Budget
for the purpose to conduct a public hearing on
and Certification of Taxes summary and
the Fiscal Year 1997 Budget and 5 Year
supporting state budget forms and in the
Capital Improvement Program Budget and
detailed budget in support thereof showing the
acting upon such other business which may
revenue estimates and appropriation
properly come before the Council.
expenditures and allocations to programs and
activities for said fiscal year is adopted, and
PUBLIC HEARING ON FISCAL YEAR 1996
the City Clerk is directed to make the filings
BUDGET
required by law and to set up the books in
Proof of publication certified to by the
accordance with the summary and details as
Publisher on Notice of Public Hearing on
adopted.
Budget Estimate for FY '97 and Proof of
Passed, approved and adopted this 6th day
Publication on Notice certified to by the
of March, 1996.
Publisher of Public Hearing on Five Year
Terrance M. Duggan, Mayor
Capital Improvement Program beginning July
Attest: Mary A. Davis, City Clerk
1, 1996 through Fiscal Year beginning July 1,
Council Member Robbins moved adoption
2000, presented and read. Council Member
of the Resolution as amended. Seconded by
Robbins moved that the proofs be received
Council Member Michalski. Carried by the
and filed. Seconded by Council Member Buol.
following vote: Yeas—Mayor Duggan, Council
Carried by the following vote: Yeas—Mayor
Members Buol, Michalski, Robbins.
Duggan, Council Members Buol, Michalski,
Nays—None. Absent—Council Member Krieg,
Robbins. Nays—None. Absent—Council
Nicholson, Voetberg.
Member Krieg, Nicholson, Voetberg.
RESOLUTION NO. 79-96
Council Member Robbins moved that the
ADOPTION OF FIVE YEAR CAPITAL
rules be suspended to allow anyone present to
IMPROVEMENT PROGRAM
address the Council. Seconded by Council
Whereas, a recommended five year Capital
Member Buol. Carried by the following vote:
Improvement Program for the period beginning
Yeas—Mayor Duggan, Council Members
July 1, 1996 and ending June 30, 2001 for the
Buol, Michalski, Robbins. Nays—None.
City of Dubuque has been prepared and
Absent—Council Member Krieg, Nicholson,
submitted to the City Council; and
Voetberg.
Whereas, the five year Capital
Improvement Program: (1) describes specific
Solicitation of public comments was made
capital improvement projects; (2) provides
by Mayor Duggan for the proposed budget for
estimated costs for those projects; (3)
each department.
proposes sources of funds for each of them;
and (4) schedules the year during which each
Airport Commissioner Doug Brotherton
project will be undertaken; and
requested that two parttime Airport employees
Whereas, the capital improvement projects
be made full time, proposing to increase fuel
for the first year are included in the Fiscal Year
prices to make up the required $8100. Council
1997 budget for the City of Dubuque; and
Member Robbins moved that it be resolved to
Whereas, the five year Capital
fund $8,114.00 for two full time Line Service
Improvement Program will be reconsidered
Technicians from property tax funding.
Seconded by Council Member Buol. Carried
Special Session, March 6, 1996
annually by the City Council and appropriatelyAbsent—Council Member Krieg, Nicholson,
revised; andVoetberg.
Whereas, the adoption of the five year
Capital Improvement Program is a prudentAt 8:18 p.m. Council reconvened in
measure to provide continuity of programs andRegular Session with statement that Staff had
is in the best interest of the City of Dubuque.been given proper direction.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFThere being no further business, Council
DUBUQUE, IOWA:Member Buol moved to adjourn the meeting.
Section 1. That the five year CapitalSeconded by Council Member Michalski.
Improvement Program for the period beginningCarried by the following vote: Yeas—Mayor
July 1, 1996 as set out in the Fiscal YearDuggan, Council Members Buol, Michalski,
1997-2001 Recommended CapitalRobbins. Nays—None. Absent—Council
Improvement Budget as amended is herebyMember Krieg, Nicholson, Voetberg.
approved and adopted as the proposed
allocation of the City resources for capitalThe meeting adjourned at 8:19 p.m.
improvements as scheduled in the years
shown, subject to annual review and revision.Mary A. Davis CMC
Passed, approved and adopted this 6th dayCity Clerk
of March, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkApproved , 1997
Council Member Robbins moved adoption
as amended of the Resolution. Seconded byAdopted , 1997
Council Member Michalski. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Buol, Michalski, Robbins.
Nays—None. Absent—Council Member Krieg,Mayor
Nicholson, Voetberg.
City Manager submitting two ordinances
regarding charges for monthly solid waste fee
and allowing generic paper yard waste bags,
presented and read. Council Member Robbins
moved that the communication be received
and filed. Seconded by Council Member Buol.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Michalski,
Robbins. Nays—None. Absent—Council
Member Krieg, Nicholson, Voetberg.
Council Members
An Ordinance Establishing Charges forAttest:
collection and disposal of solid waste and
recyclable materials changing the fee from
$7.50 per dwelling unit per month to $7.25City Clerk
(effective July 1, 1996) and an Ordinance
Enacting a new Section 40-39 paragraph (d)
in lieu thereof relating to yard waste bags,
containers and tying devices and establishing
fees therefor (effective July 1, 1996),
presented and read. Council Member
Robbins moved that this be considered the
first reading of the Ordinances. Seconded by
Council Member Buol. Carried by the following
vote: Yeas—Mayor Duggan, Council
Members Buol, Michalski, Robbins.
Nays—None. Absent—Council Member Krieg,
Nicholson, Voetberg.
At 7:51 p.m. Council Member Robbins
moved that it be resolved to go into Closed
Session in accordance with Chapter 21.5 1.(j)
to discuss the purchase of particular real
estate where premature disclosure could be
reasonably expected to increase the price the
governmental body would have to pay for that
property. Seconded by Council Member
Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Michalski, Robbins. Nays—None.
Regular Session, March 18, 1996
Council Member Nicholson. Carried by the
DUBUQUE
following vote: Yeas—Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins. Nays—None.
CITY COUNCIL
Absent—Council Member Voetberg.
NOTICES OF CLAIMS/SUITS — Bruce &
OFFICIAL
Theresa Frommelt in amount of $3,435.00 for
PROCEEDINGS
water damages; Candace Humphrey in
amount of $111.33 for vehicle damages; Steve
Ruden in amount of $507.00 for property
damages; Cory Schlitter in amount of
City Council, Regular Session, March 18,
$2,856.83 for vehicle damages; Jane Smith in
1996.
amount of $31.80 for vehicle damages; State
Council Met at 7:00 p.m., Public Library
Farm Ins. submitting subrogation claim on
Auditorium.
behalf of their client Sarah & Todd Moening-
Present: Mayor Duggan, Council Members
Swanson in amount of $3,181.25 for vehicle
Buol, Krieg, Michalski, Nicholson, Robbins,
damages, presented and read. Council
City Manager Michael Van Milligen, Assistant
Member Krieg moved that the claims and suits
City Attorney James (Tim) O'Brien.
be referred to the Legal Staff for investigation
Absent: Council Member Voetberg.
and report. Seconded by Council Member
Nicholson. Carried by the following vote:
Mayor Duggan read the call and stated this
Yeas—Mayor Duggan, Council Members
is the Regular Session of the City Council
Buol, Krieg, Michalski, Nicholson, Robbins.
called for the purpose to act upon such
Nays—None. Absent—Council Member
business which may properly come before the
Voetberg.
Council.
Corporation Counsel advising following
Invocation was given by Rev. Tom Albin,
claims have been referred to Crawford &
Pastor of Center Grove and Rockdale United
Company, the agent for the Iowa Communities
Methodist Churches.
Assurance Pool: Violation of civil rights of
Brandie J. Wells; Violation of civil rights by
PROCLAMATION — Week of March 17th
Susan K. Wells, presented and read. Council
as "Family Child Care Provider's Week"
Member Krieg moved that the communications
received by Kathy O'Neill.
be received and filed. Seconded by Council
Member Nicholson. Carried by the following
MINUTES SUBMITTED — Housing Code
vote: Yeas—Mayor Duggan, Council
Appeals Bd. of 1-16 & 2-20; Housing
Members Buol, Krieg, Michalski, Nicholson,
Commission Trust fund Committee of 2-29;
Robbins. Nays—None. Absent—Council
Transit Trustee Board of 1-11 & 2-15; Zoning
Member Voetberg.
Advisory Commission of 3-6; Zoning Board of
Adjustment of 2-22, presented and read.
Corporation Counsel recommending
Council Member Krieg moved that the minutes
denials of car damage claim of Maxine
be received and filed. Seconded by Council
Biedermann and car damage claim of Duane
Member Nicholson. Carried by the following
Bries, presented and read. Council Member
vote: Yeas—Mayor Duggan, Council Members
Krieg moved that the communication be
Buol, Krieg, Michalski, Nicholson, Robbins.
received and filed and approved denial.
Nays—None. Absent—Council Member
Seconded by Council Member Nicholson.
Voetberg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Dubuque Racing Association, LTD.
Michalski, Nicholson, Robbins. Nays—None.
submitting their Financial Statement for time
Absent—Council Member Voetberg.
ending November 30, 1995, presented and
read. Council Member Krieg moved that the
Corporation Counsel recommending
Statement be received and filed. Seconded by
settlement of property damage claim of Ralph
Council Member Nicholson. Carried by the
Weinbender in the amount of $657.55 and
following vote: Yeas—Mayor Duggan,
direct Finance Director to issue proper check,
Council Members Buol, Krieg, Michalski,
presented and read. Council Member Krieg
Nicholson, Robbins. Nays—None.
moved that the communication be received
Absent—Council Member Voetberg.
and filed and approved settlement and
directed Finance Director to issue the proper
Finance Director submitting Financial
check. Seconded by Council Member
Report for month ending 2-29-96; Proof of
Nicholson. Carried by the following vote:
publication certified to by the Publisher on List
Yeas—Mayor Duggan, Council Members
of Claims paid for month ending 1-31-96;
Buol, Krieg, Michalski, Nicholson, Robbins.
and Proof of publication certified to by the
Nays—None. Absent—Council Member
Publisher on publishing Council proceedings
Voetberg.
for meeting of 2-19 & 2-26-95, presented and
read. Council Member Krieg moved that the
REFUNDS REQUESTED—Pusateri
proofs be received and filed. Seconded by
Enterprise, Inc. $225.00 on unexpired Liquor
Regular Session, March 18, 1996
License, presented and read. Council MemberCity Manager advising of authorizing
Krieg moved that the refund be approved andDepository Institutions for City funds,
Finance Director to issue proper check.presented and read. Council Member Krieg
Seconded by Council Member Nicholson.moved that the communication be received
Carried by the following vote: Yeas—Mayorand filed. Seconded by Council Member
Duggan, Council Members Buol, Krieg,Nicholson. Carried by the following vote:
Michalski, Nicholson, Robbins. Nays—None.Yeas—Mayor Duggan, Council Members
Absent—Council Member Voetberg. Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—None. Absent—Council Member
Thunderfest 1996 requesting permission toVoetberg.
display fireworks at 10:30 P.M. on Sunday,
June 16, 1996; Dubuque Golf & Country ClubRESOLUTION NO. 80-96
requesting fireworks display on their groundsRESOLUTION NAMING DEPOSITORIES
at 9:00 p.m. on July 4, 1996, presented andRESOLVED, that the City Council of the
read. Council Member Krieg moved that theCity of Dubuque, Iowa approves the following
request be approved subject to implementationlist of financial institutions to be depositories of
of the City Manager. Seconded by Councilthe City of Dubuque, Iowa funds in
Member Nicholson. Carried by the followingconformance with all applicable provisions of
vote: Yeas—Mayor Duggan, CouncilIowa code Chapter 453.2. The City Treasurer
Members Buol, Krieg, Michalski, Nicholson,is hereby authorized to deposit the City of
Robbins. Nays—None. Absent—CouncilDubuque, Iowa funds in amounts not to
Member Voetberg. exceed the maximum approved for each
respective financial institution as set out
John & Doris Kivlahan requesting voluntarybelow.
annexation of their property adjacent to theLocation ofMaximum
City in Helen & Mary Stewart Subdivision,Depository NameHome Office
presented and read. Council Member KriegBalance
moved that the request be referred to the CityAmerican Trust & Savings Bank
Manager. Seconded by Council MemberDubuque, Iowa$40,000,000
Nicholson. Carried by the following vote: Dubuque Bank & Trust Co.
Yeas—Mayor Duggan, Council MembersDubuque, Iowa$40,000,000
Buol, Krieg, Michalski, Nicholson, Robbins.Mercantile Bank of Dubuque
Nays—None. Absent—Council MemberDubuque, Iowa$40,000,000
Voetberg. Firstar Bank, FSBDubuque, Iowa
$10,000,000
City Manager recommending approval ofDUPACO Community Credit Union
the usage agreement with the NorthwoodsDubuque, Iowa$10,000,000
League, Inc. for Petrakis Field and requestingCERTIFICATION, I hereby certify that the
authorization to execute, presented and read.foregoing is a true and correct copy of a
Council Member Krieg moved that theresolution of the City Council of Dubuque,
communication be received and filed andIowa adopted at a meeting of said public body,
approved the Agreement. Seconded byduly called and held on the 18th day of March,
Council Member Nicholson. Carried by the1996 a quorum being present, as said
following vote: Yeas—Mayor Duggan,resolution remains a record in the minutes of
Council Members Buol, Krieg, Michalski,said meeting, and it is now in full force and
Nicholson, Robbins. Nays—None.effect.
Absent—Council Member Voetberg. Dated this 18th day of March, 1996.
Mary A. Davis
City Manager recommending approval ofCity Clerk
two requests from Dubuque RacingCouncil Member Krieg moved adoption of
Association to expend $4,200 for additionalthe Resolution. Seconded by Council Member
office space and $25,200 to replace the raceNicholson. Carried by the following vote:
track, presented and read. Council MemberYeas—Mayor Duggan, Council Members
Nicholson moved that the recommendation beBuol, Krieg, Michalski, Nicholson, Robbins.
approved. Seconded by Council MemberNays—None. Absent—Council Member
Robbins. Carried by the following vote: Voetberg.
Yeas—Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins.City Advisory Commission advising of their
Nays—None. Abstain—Council Memberapproval of final plat for Key Gate Center No.
Krieg. Absent—Council Member Voetberg. 3, presented and read. Council Member Krieg
City Manager advising the Dubuquemoved that the communication be received
Housing Services Department has received aand filed. Seconded by Council Member
Certification of Appreciation from U.S.Nicholson. Carried by the following vote:
Department of Defense, presented and read.Yeas—Mayor Duggan, Council Members
Council Member Krieg moved that theBuol, Krieg, Michalski, Nicholson, Robbins.
communication be received and filed.Nays—None. Absent—Council Member
Seconded by Council Member Nicholson.Voetberg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,RESOLUTION NO. 81-96
Michalski, Nicholson, Robbins. Nays—None.A RESOLUTION APPROVING THE FINAL
Absent—Council Member Voetberg. PLAT OF LOT 2, LOT C AND LOT D OF
Regular Session, March 18, 1996
KEY GATE CENTER NO. 3 IN THE CITYAnd further provided that said Robert and
OF DUBUQUE, IOWA.Ruth Kehl, as owners of said property, shall
Whereas, there has been filed with the Citysecure the performance of the foregoing
Clerk a final plat of Lot 2, Lot C and Lot D ofconditions provided in this Section by
Key Gate Center No. 3 in the City of Dubuque,providing guarantees in such form and with
Iowa; andsuch sureties as may be acceptable to the City
Whereas, upon said final plat appearManager of the City of Dubuque, Iowa.
street(s) to be known as Flint Hill Drive,Section 3. Sidewalk installation shall be the
together with certain public utility and sewerresponsibility of the owner of the property
easements which the owners by said final platabutting the public right-of-way, as required by
have dedicated to the public forever; andCity Code 41-161 through 41-164. The
Whereas, the final plat has been examinedresponsibility shall extend to all successors,
by the Zoning Advisory Commission and hadheirs and assignees. Sidewalk installation will
its approval endorsed thereon; andnot be required until the development of the lot
Whereas, said final plat has beenhas been completed. All vacant lots shall have
examined by the City Council and they findsidewalks installed upon development of 80%
that it conforms to the statutes and ordinancesof the lots approved by the plat.
relating to it, except that no streets or publicSection 4. That storm water detention
utilities have yet been constructed or installed;facilities shall be a requirement of each site
andplan submitted to the City for the development
Whereas, the City Council concurs in theby the owners of said lots, which responsibility
conditions of approval established by thefor construction and maintenance shall be that
Zoning Advisory Commission and the Cityof the owners of said lots and extend to all
Planner.successors, heirs, and assigns. The sizing of
NOW, THEREFORE, BE IT RESOLVEDthe detention facilities shall, in addition to
BY THE CITY COUNCIL OF THE CITY OFdetaining the site water, also incorporate and
DUBUQUE, IOWA:detain the impervious area of the abutting Flint
Section 1. That the dedications of Flint HillHill Drive.
Drive, together with the easements for publicStorm water detention facilities shall be
utilities and storm sewer as they appear upondesigned by a registered civil engineer and
said final plat, be and the same are herebyshall be designed to detain the 2, 10 and 100
accepted; andyear storm recurrence intervals to the
Section 2. That the plat of Lot 2, Lot C andpredeveloped condition of each lot.
Lot D of Key Gate Center No. 3 is herebySection 5. That final acceptance of all
approved and the Mayor and City Clerk arepublic improvements shall occur upon
hereby authorized and directed to endorse thecertification of the City Engineer to the City
approval of the City of Dubuque, Iowa, uponCouncil that all public improvements have
said final plat, provided the owners of saidbeen completed in accordance with the
property herein named, execute their writtenimprovement plans and City standard
acceptance hereto attached agreeing:specifications and accepted by City Council
a. To reduce Flint Hill Drive to grade and toResolution.
construct concrete curb and gutter and to hardSection 6. That in the event Robert and
surface with asphaltic concrete, or withRuth Kehl shall fail to execute the acceptance
concrete paving with integral curb, all inand furnish the guarantees provided in Section
accordance with the City of Dubuque standard2 hereof within 45 days after the date of this
specifications, all in a manner acceptable toResolution, the provisions hereof shall be null
the City Engineer, and in conformance withand void and the acceptance of the dedication
construction improvement plans approved byand approval the plat shall not be effective.
the City Engineer, and inspected by the CityPassed, approved and adopted this 18th
Engineer.day of March, 1996.
b. To install sanitary sewer mains and sewerTerrance M. Duggan, Mayor
service laterals into each individual lot, waterATTEST: Mary A. Davis, City Clerk
mains and water service laterals into eachCouncil Member Krieg moved adoption of
individual lot, storm sewers and catch basins,the Resolution. Seconded by Council Member
boulevard street lighting and erosion controlNicholson. Carried by the following vote:
devices all in accordance with the City ofYeas—Mayor Duggan, Council Members
Dubuque standard specifications, all in aBuol, Krieg, Michalski, Nicholson, Robbins.
manner acceptable to the City Engineer, andNays—None. Absent—Council Member
in accordance with construction improvementVoetberg.
plans approved by the City Engineer, and
inspected by the City Engineer.Copy of letters sent by the City Manager, to
c. To construct said improvements, prior toarea legislators, expressing concern with the
two (2) year(s) from the date of acceptance ofprovisions of Senate File 2241 and House File
this resolution, at the sole expense of the2153, presented and read. Council Member
owners, or future owners;Krieg moved that the communication be
d. To maintain the public improvements, for areceived and filed. Seconded by Council
period of two (2) years from the date of theMember Nicholson. Carried by the following
acceptance of those improvements by the Cityvote: Yeas—Mayor Duggan, Council
of Dubuque, Iowa, at the sole expense of theMembers Buol, Krieg, Michalski, Nicholson,
owners, or future owners;Robbins. Nays—None. Absent—Council
Member Voetberg.
Regular Session, March 18, 1996
HISTORIC PRESERVATION COMMISSION:
National League of Cities advising thatApplicant Pamela Bradford.
Council Member Dan Nicholson has been
appointed to serve on the Transportation andZONING BOARD OF ADJUSTMENT:
Communications Policy Committee for the1 5-Year term which will expire 3-25-01
year 1996, presented and read. Council(term of V. Bechen). Applicant: Vicki
Member Krieg moved that the communicationBechen. Council Member Nicholson moved
be received and filed. Seconded by Councilthat Vicki Bechen reappointed for a term
Member Nicholson. Carried by the followingwhich will expire 3-25-01. Seconded by
vote: Yeas—Mayor Duggan, CouncilCouncil Member Robbins. Carried by the
Members Buol, Krieg, Michalski, Nicholson,following vote: Yeas—Mayor Duggan,
Robbins. Nays—None. Absent—CouncilCouncil Members Buol, Krieg, Michalski,
Member Voetberg. Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
RESOLUTION NO. 82-96
Whereas, applications for Liquor LicensesAIRPORT ZONING BOARD OF
have been submitted to this Council forADJUSTMENT:
approval and the same have been examinedTwo "City" terms which will expire 2-15-
and approved; and2001.
Whereas, the premises to be occupied byApplicants James Bauerly and Vicki
such applicants were inspected and found toBechen. Council Member Nicholson moved
comply with the State Laws and all Citythat James Bauerly and Vicki Bechen be
Ordinances relevant thereto and they haveappointed to terms which will expire 2-15-01.
filed proper bonds.Seconded by Council Member Robbins.
NOW, THEREFORE, BE IT RESOLVEDCarried by the following vote: Yeas—Mayor
BY THE CITY COUNCIL OF THE CITY OFDuggan, Council Members Buol, Krieg,
DUBUQUE, IOWA:Michalski, Nicholson, Robbins. Nays—None.
That the Manager be authorized to cause toAbsent—Council Member Voetberg.
be issued the following named applicants
a Liquor License.Council Member Robbins moved that the
CLASS "B" (HOTEL/MOTEL)rules be suspended to allow anyone present to
LIQUOR LICENSEaddress the Council. Seconded by Council
Dubuque Historic ImprvMember Nicholson. Carried by the following
The Redstone Inn+(Sunday Sales)vote: Yeas—Mayor Duggan, Council
504 BluffMembers Buol, Krieg, Michalski, Nicholson,
CLASS "C" (COMMERCIAL)Robbins. Nays—None. Absent—Council
BEER & LIQUOR LICENSEMember Voetberg.
Dubuque Racing Assoc
DBQ Greyhound Park/Casino+(Sunday &Proof of publication certified to by the
Outdoor)\1855 Greyhound DrPublisher on Notice of Hearing on Plans and
The Yardarm Inc. Specifications for construction of 1996 P.C.C.
Yardarm Rest & Bar +(Sunday & OutdoorPaving Project - Ramona Street and Pamela
Serv)1201 Shiras Ext.Court and Proof of publication certified to by
Greater DBQ Riverboat Entr. Diamond Jothe Publisher on Notice of Hearing to known
Casino Portside+(Sunday & Outdoor)property owners; City Manager
400 E. 3rd STrecommending to proceed with the bidding
Passed, approved and adopted this 18thprocedure for project and Lesley Stephens,
day of March, 1996Principal of Bryant School, suggesting
Terrance M. Duggan, Mayorsidewalk along Ramona St. be extended along
Attest: Mary A. Davis, City Clerkthe east side of the street only, presented and
Council Member Krieg moved adoption ofread. Council Member Buol moved that the
the Resolution. Seconded by Council Memberproof and communication be received and
Nicholson. Carried by the following vote:filed. Seconded by Council Member
Yeas—Mayor Duggan, Council MembersNicholson. Carried by the following vote:
Buol, Krieg, Michalski, Nicholson, Robbins.Yeas—Mayor Duggan, Council Members
Nays—None. Absent—Council MemberBuol, Krieg, Michalski, Nicholson, Robbins.
Voetberg. Nays—None. Absent—Council Member
Voetberg.
BOARDS AND COMMISSIONS
Lesley Stephens, Principal of Bryant
Applicants for following Commission invitedSchool, suggested that the school sidewalk
to address the Council to express their desirealong Ramona St. be extended along the east
to serve on that Board/Commission:side of the Street only.
CIVIL SERVICE COMMISSION: RESOLUTION NO. 83-96
Applicants Merle J. Duehr, Jr. and GeraldRESOLUTION ADOPTING PLANS AND
Udelhofen. Mr. Udelhofen spoke.SPECIFICATIONS
COMMUNITY DEVELOPMENT ADVISORYWhereas, on the 15th day of February,
COMMISSION: 1996, plans, specifications, form of contract
Applicant Michael Kelley.and estimated cost were filed with the City
Regular Session, March 18, 1996
Clerk of Dubuque, Iowa for the 1996 P.C.C.ordered to be advertised for bids for
Paving Project - Ramona Street and Pamelaconstruction.
Court.BE IT FURTHER RESOLVED, that the
Whereas, notice of hearing on plans,amount of the security to accompany each bid
specifications, form of contract, and estimatedshall be in an amount which shall conform to
cost was published as required by law.the provisions of the notice to bidders hereby
NOW THEREFORE, BE IT RESOLVEDapproved as a part of the plans and
BY THE CITY COUNCIL OF THE CITY OFspecifications heretofore adopted.
DUBUQUE, IOWA:That the City Clerk is hereby directed to
That the said plans, specifications, form ofadvertise for bids for the construction of the
contract and estimated cost are herebyimprovements herein provided, to be published
approved as the plans, specifications, form ofin a newspaper having general circulation in
contract and estimated cost for saidthe City of Dubuque, Iowa, which notice shall
improvements for said project.not be less than four days nor more than
Passed, adopted and approved this 18thtwenty days prior to the receipt of said bids at
day of March, 1996.2:00 p.m. on the 4th day of April, 1996. Bids
Terrance M. Duggan, Mayorshall be opened and read by the City Clerk at
Attest: Mary A. Davis, City Clerksaid time and will be submitted to the Council
Council Member Buol moved adoption offor final action at 7:00 p.m. on the 15th day of
the Resolution. Seconded by Council MemberApril, 1996.
Nicholson. Carried by the following vote: Passed, adopted and approved this 18th
Yeas—Mayor Duggan, Council Membersday of March, 1996.
Buol, Krieg, Michalski, Nicholson, Robbins.Terrance M. Duggan, Mayor
Nays—None. Absent—Council MemberAttest: Mary A. Davis, City Clerk
Voetberg. Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
RESOLUTION NO. 84-96Nicholson. Carried by the following vote:
RESOLUTION WITH RESPECT TO THEYeas—Mayor Duggan, Council Members
ADOPTION OF THE RESOLUTION OFBuol, Krieg, Michalski, Nicholson, Robbins.
NECESSITY PROPOSED FOR THE 1996Nays—None. Absent—Council Member
P.C.C. PAVING PROJECT - RAMONAVoetberg.
STREET AND PAMELA COURT
Whereas, the City Council has proposed aProof of publication certified to by the
Resolution of Necessity for the 1996 P.C.C.Publisher on Notice of Hearing on Plans and
Paving Project - Ramona Street and PamelaSpecifications for construction of U.S. Hwy.
Court, has given notice of the public hearing#20 - Dodge Street Sanitary Sewer Relocation
thereon as required by law; and- Bluff to Grandview Ave., presented and read.
Whereas, the public hearing has been held,Council Member Krieg moved that the proof be
all persons offering objections have beenreceived and filed. Seconded by Council
heard and consideration given to all objectionsMember Buol. Carried by the following vote:
and is pending before this Council; andYeas—Mayor Duggan, Council Members
Whereas, this is the time and place set asBuol, Krieg, Michalski, Nicholson, Robbins.
provided for the taking of action on theNays—None. Absent—Council Member
proposed Resolution of Necessity.Voetberg.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 86-96
DUBUQUE, IOWA:RESOLUTION ADOPTING PLANS AND
That the proposed Resolution of NecessitySPECIFICATIONS
described above is hereby:Whereas, on the 28th day of February,
Adopted, without amendment, and all1996, plans, specifications, form of contract
objections filed or made having beenand estimated cost were filed with the City
dully considered are overruled.Clerk of Dubuque, Iowa for the U.S. 20 -
Passed, adopted and approved this 18thDodge Street Sanitary Relocation - Bluff to
day of March, 1996.Grandview.
Terrance M. Duggan, MayorWhereas, notice of hearing on plans,
Attest: Mary A. Davis, City Clerkspecifications, form of contract, and estimated
Council Member Buol moved adoption ofcost was published as required by law.
the Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED
Nicholson. Carried by the following vote: BY THE CITY COUNCIL OF THE CITY OF
Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA:
Buol, Krieg, Michalski, Nicholson, Robbins.That the said plans, specifications, form of
Nays—None. Absent—Council Membercontract and estimated cost are hereby
Voetberg. approved as the plans, specifications, form of
contract and estimated cost for said
RESOLUTION NO. 85-96improvements for said project.
ORDERING BIDSPassed, adopted and approved this 18th
NOW THEREFORE, BE IT RESOLVEDday of March, 1996.
BY THE COUNCIL OF THE CITY OFTerrance M. Duggan, Mayor
DUBUQUE, IOWA:Attest: Mary A. Davis, City Clerk
That the 1996 P.C.C. Paving Project -Council Member Krieg moved adoption of
Ramona Street and Pamela Court is herebythe Resolution. Seconded by Council Member
Regular Session, March 18, 1996
Buol. Carried by the following vote: Carried by the following vote: Yeas—Mayor
Yeas—Mayor Duggan, Council MembersDuggan, Council Members Buol, Krieg,
Buol, Krieg, Michalski, Nicholson, Robbins.Michalski, Nicholson, Robbins. Nays—None.
Nays—None. Absent—Council MemberAbsent—Council Member Voetberg.
Voetberg.
RESOLUTION NO. 88-96
Proof of publication certified to by theWhereas, pursuant to resolution and
Publisher on Notice to Bidders on Receipt ofpublished notice of time and place of hearing,
Bids and City Manager recommendingpublished in the Telegraph Herald, a
awarding contract for project, presented andnewspaper of general circulation published in
read. Council Member Krieg moved that thethe City of Dubuque, Iowa on 8th day of
proof and communication be received andMarch, 1996, the City Council of the City of
filed. Seconded by Council Member Buol.Dubuque, Iowa met on the 18th day of March,
Carried by the following vote: Yeas—Mayor1996, at 7:00 p.m. in the Public Library
Duggan, Council Members Buol, Krieg,Auditorium, 11th and Locust, Dubuque,
Michalski, Nicholson, Robbins. Nays—None.Dubuque County, Iowa to consider the
Absent—Council Member Voetberg. proposal for the sale of real estate described
as:
RESOLUTION NO. 87-96City Lot 506C in the City of Dubuque,
AWARDING CONTRACTDubuque County, Iowa
Whereas, sealed proposals have beenWhereas, the City Council of the City of
submitted by contractors for the U.S. 20 -Dubuque, Iowa overruled any and all
Dodge Street Sanitary Sewer Reconstructionobjections, oral or written, to the proposal to
Bluff Street to Grandview Avenue pursuant todispose of interest of the City of Dubuque,
Resolution No. 75-96 and notice to biddersIowa, except for easements as noted, in the
published in a newspaper published in the Cityhereinabove described real estate to the Iowa
of Dubuque, Iowa on the 7th day of March,Department of Transportation.
1996.NOW, THEREFORE, BE IT RESOLVED
Whereas, said sealed proposals wereBY THE CITY COUNCIL OF THE CITY OF
opened and read on the 13th day of March,DUBUQUE, IOWA:
1996 and it has been determined that the bidSection 1. That the disposal of the interest
of Tschiggfrie Excavating of Dubuque, Iowa inof the City of Dubuque, Dubuque County,
the amount of $282,646.65 was the lowest bidIowa in real property described as City Lot
for the furnishings of all labor and materials506C in the City of Dubuque, Iowa to the Iowa
and performing the work as provided for in theDepartment of Transportation be and the
plans and specifications.same is hereby approved; conveyance shall be
NOW THEREFORE, BE IT RESOLVEDby Quit Claim Deed.
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the Mayor be authorized
DUBUQUE, IOWA:and directed to execute a Quit Claim Deed,
That the contract for the aboveand the City Clerk be and is hereby authorized
improvement be awarded to Tschiggfrieand directed to deliver said deed of
Excavating and the Manager be and is herebyconveyance to the above named grantee.
directed to execute a contract on behalf of theSection 3. That the City Clerk be and is
City of Dubuque for the complete performancehereby authorized and directed to record a
of the work.certified copy of this resolution in the office of
BE IT FURTHER RESOLVED:the City Assessor, Dubuque County Recorder
That upon the signing of said contract andand the Dubuque County Auditor.
the approval of the contractor's bond, the CityPassed, approved and adopted this 18th
Treasurer is authorized and instructed today of March, 1996.
return the bid deposits of the unsuccessfulTerrance M. Duggan, Mayor
bidders.Attest: Mary A. Davis, City Clerk
Passed, approved and adopted this 18thCouncil Member Robbins moved adoption
day of March, 1996.of the Resolution. Seconded by Council
Terrance M. Duggan, MayorMember Nicholson. Carried by the following
Attest: Mary A. Davis, City Clerkvote: Yeas—Mayor Duggan, Council
Council Member Krieg moved adoption ofMembers Buol, Krieg, Michalski, Nicholson,
the Resolution. Seconded by Council MemberRobbins. Nays—None. Absent—Council
Buol. Carried by the following vote: Member Voetberg.
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins.An Ordinance Amending Code of
Nays—None. Absent—Council MemberOrdinances by establishing charges for the
Voetberg. Collection and Disposal of Solid Waste and
Recyclable Materials changing the fee from
Proof of publication certified to by the$7.50 per dwelling unit per month to $7.25,
Publisher on Notice of intent to dispose offirst reading only given on 3-6-96, now
City's interest in City Lot 506C and Citypresented for further action.
Manager recommending to vacate a portion of
Pine Street, presented and read. Council(OFFICIAL PUBLICATION)
Member Robbins moved that the proof andORDINANCE NO. 15-96
communication be received and filed.AN ORDINANCE AMENDING THE CITY
Seconded by Council Member Nicholson.OF DUBUQUE CODE OF ORDINANCES
Regular Session, March 18, 1996
BY REPEALING SECTION 40-37Council Member Robbins moved that the
PARAGRAPH (a) ESTABLISHINGrequirement that a proposed Ordinance be
CHARGES FOR THE COLLECTION ANDconsidered and voted on for passage at two
DISPOSAL OF SOLID WASTE ANDCouncil Meetings prior to the meeting at which
RECYCLABLE MATERIALS ANDit is to be finally passed be suspended.
ENACTING A NEW SECTION 40-37Seconded by Council Member Buol. Carried
PARAGRAPH (a) IN LIEU THEREOFby the following vote: Yeas—Mayor Duggan,
ESTABLISHING CHARGES FOR THECouncil Members Buol, Krieg, Michalski,
COLLECTION AND DISPOSAL OFNicholson, Robbins. Nays—None. Council
SOLID WASTE AND RECYCLABLEMember Robbins moved final consideration
MATERIALS CHANGING THE FEEand passage of the Ordinance. Seconded by
FROM $7.50 PER DWELLING UNIT PERCouncil Member Buol. Carried by the following
MONTH TO $7.25.vote: Yeas—Mayor Duggan, Council
NOW, THEREFORE, BE IT ORDAINEDMembers Buol, Krieg, Michalski, Nicholson,
BY THE CITY COUNCIL OF THE CITY OFRobbins. Nays—None. Absent—Council
DUBUQUE, IOWA:Member Voetberg.
Section 1. The City of Dubuque Code of
Ordinances is hereby amended by repealingAn Ordinance Amending Code of
Sec. 40-37 paragraph (a) and enacting a newOrdinances by enacting a new Section in lieu
Sec. 40-37 paragraph (a) in lieu thereof asthereof relating to Yard Waste Bags,
follows:Containers and Tying devices and
Sec. 40-37. Charges-Amounts: exceptions.establishing fees therefore, first reading only
(a)Class I premises. Except as qualifiedgiven on 3-6-96, now presented for further
below, a fee of seven dollars and twenty fiveaction.
cents ($7.25) per dwelling unit per month shall
be paid to the City by the property owner of(OFFICIAL PUBLICATION)
each Class I premises for such services. SaidORDINANCE NO. 16-96
fee shall be in payment for collection andAN ORDINANCE AMENDING THE CITY OF
disposal of solid waste and recyclableDUBUQUE CODE OF ORDINANCES BY
materials as defined. Exceptions to theREPEALING SECTION 40-39 PARAGRAPH
collection charges for Class I premises are as(d) RELATING TO YARD WASTE BAGS,
follows:CONTAINERS AND TYING DEVICES AND
(1) When a Class I premises has been vacantESTABLISHING FEES THEREFORE AND
for a period not less than three (3) consecutiveENACTING A NEW SECTION 40-39
months, the owner may apply to the CityPARAGRAPH (d) IN LIEU THEREOF
Manager for a credit under procedures to beRELATING TO YARD WASTE BAGS,
established by the City Manager. Such creditCONTAINERS AND TYING DEVICES AND
shall continue only so long as the Class IESTABLISHING FEES THEREFORE.
premises is vacant.NOW, THEREFORE, BE IT ORDAINED
(2) Class I premises when the head of theBY THE CITY COUNCIL OF THE CITY OF
household is sixty five (65) years of age orDUBUQUE, IOWA:
older and has an annual income equal to orSection 1. The City of Dubuque Code of
less than the income standards used by HUDOrdinances is hereby amended by repealing
for its "Section Eight (8) Housing Program" forSec. 40-39 paragraph (d) and enacting a new
one and two (2) person households may, uponSec. 40-39 paragraph (d) in lieu thereof as
application to the City Manager, be exemptedfollows:
from one-half (1/2) the established collectionSec. 40-39. Yard waste.
charge. After the initial application, annual(d) Yard waste collected by the City shall be
application shall be made by the head ofplaced in specially marked degradable bags or
household on July 1 of each year to verifyin degradable paper bags with an affixed
annual income and eligibility.single-use tag or in permanent waste
(3) In cases of extreme financial hardship, thecontainers with an affixed single-use tag or in
City Manager may, and is hereby authorizedpermanent waste containers with an affixed
and empowered to make adjustments in theannual yard waste permit or be contained by
monthly collection charges as the Citytying devices approved by the City Manager.
Manager may deem appropriate. In suchThe charges for collection and disposal of
cases, the City Manager shall have theyard waste as defined shall be as follows:
authority to require such proof of vacancy,(1) The fee for specially marked degradable
financial status, age or extreme hardship asbags shall be seventy-five (75¢) each.
the City Manager may deem necessary.(2) The fee for tying devices approved by the
Section 2. This ordinance shall take effectCity Manager shall be one dollar ($1.00) each.
on the first day of July, 1996.(3) The fee paid to the City by a property
Passed, approved and adopted this 18thowner for an annual yard waste permit for a
day of March , 1996.permanent waste container shall be fifteen
Terrance M. Duggan, Mayordollars ($15.00) for one or twenty six dollars
Attest: Mary A. Davis, City Clerkand twenty five cents ($26.25) for two
Published officially in the Telegraph
Herald newspaper this 27th day of March,
1996.
1t 3/13Mary A. Davis CMC, City Clerk
Regular Session, March 18, 1996
Regular Session, March 18, 1996
through June 30th of each year. The fee(1) Tattoo artist: any person engaged in the
shall be reduced by one-half (½) on July 1st of
practice of tattooing.
each year, and again by one-half (½) on
(2) Tattoo establishment: location where
September 1st of each year. A permit shall
tattooing is practiced.
only be used by the property owner who
(3) Tattooing: to puncture the skin of a
purchased it.
person with a needle and insert indelible
(4) The fee for single-use tags shall be
permanent colors through the puncture to
seventy five cents ($0.75) each.
leave permanent marks or designs.
Section 2. This ordinance shall take effect
(b) Prohibition. The practice of tattooing shall
on the first day of July, 1996.
be limited to physicians or osteopaths licensed
Passed, approved and adopted this 18th
in the State of Iowa, or to individuals directly
day of March, 1996.
under their supervision.
Terrance M. Duggan, Mayor
(c) Registration. Tattoo establishments and
Attest: Mary A. Davis, City Clerk
tattoo artists shall register annually with the
Published officially in the Telegraph Herald
City of Dubuque Health Services Division and
newspaper this 27th day of March, 1996.
indicate the physician or osteopath under
1t 3/27Mary A. Davis CMC, City Clerk
whose supervision they are operating.
Council Member Robbins moved that the
Passed, approved and adopted this 18th
requirement that a proposed Ordinance be
day of March, 1996.
considered and voted on for passage at two
Terrance M. Duggan, Mayor
Council Meetings prior to the meeting at which
Attest: Mary A. Davis, City Clerk
it is to be finally passed be suspended.
Published officially in the Telegraph
Seconded by Council Member Buol. Carried
Herald newspaper this 22nd day of March
by the following vote: Yeas—Mayor Duggan,
1996.
Council Members Buol, Krieg, Michalski,
1t 3/22Mary A. Davis CMC, City Clerk
Nicholson, Robbins. Nays—None.
Council Member Krieg moved that the
Absent—Council Member Voetberg. Council
requirement that a proposed Ordinance be
Member Robbins moved final consideration
considered and voted on for passage at two
and passage of the Ordinance. Seconded by
Council Meetings prior to the meeting at which
Council Member Buol. Carried by the following
it is to be finally passed be suspended.
vote: Yeas—Mayor Duggan, Council Members
Seconded by Council Member Nicholson.
Buol, Krieg, Michalski, Nicholson, Robbins.
Carried by the following vote: Yeas—Mayor
Nays—None. Absent—Council Member
Duggan, Council Members Buol, Krieg,
Voetberg.
Michalski, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg. Council
City Manager recommending current City
Member Krieg moved final consideration and
ordinance be modified regarding tattoos,
passage of the Ordinance. Seconded by
presented and read. Council Member Krieg
Council Member Robbins. Carried by the
moved that the communication be received
following vote: Yeas—Mayor Duggan,
and filed. Seconded by Council Member
Council Members Krieg, Nicholson, Robbins.
Nicholson. Carried by the following vote:
Nays—Council Members Buol, Michalski.
Yeas—Mayor Duggan, Council Members
Absent—Council Member Voetberg.
Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—None. Absent—Council Member
City Manager recommending two separate
Voetberg.
selections for the implementation of the City's
GIS System, (Hardware & Software
An Ordinance Amending Code of
Recommendation and Data Conversion
Ordinances by adopting in lieu thereof a new
Vendor), presented and read. Council Member
Section 23-2 regarding tattooing, presented
Michalski moved that the communication be
and read.
received and filed and approved
recommendations. Seconded by Council
(OFFICIAL PUBLICATION)
Member Buol. Carried by the following vote:
ORDINANCE NO. 17-96
Yeas—Mayor Duggan, Council Members
AN ORDINANCE AMENDING THE CITY OF
Buol, Krieg, Michalski, Nicholson, Robbins.
DUBUQUE CODE OF ORDINANCES BY
Nays—None. Absent—Council Member
REPEALING SECTION 23-2, TATTOOING,
Voetberg.
AND ADOPTING IN LIEU THEREOF A NEW
SECTION 23-2, TATTOOING.
City Manager recommending approval of
NOW, THEREFORE, BE IT ORDAINED
Marna Ridge Survey Plat, presented and read.
BY THE CITY COUNCIL OF THE CITY OF
Council Member Krieg moved that the
DUBUQUE, IOWA:
communication be received and filed.
Section 1. Section 23-2 of the City of
Seconded by Council Member Robbins.
Dubuque Code of Ordinances is hereby
Carried by the following vote: Yeas—Mayor
repealed, and the following new section is
Duggan, Council Members Buol, Krieg,
adopted in lieu thereof:
Michalski, Nicholson, Robbins. Nays—None.
Section 23-2. Tattooing.
Absent—Council Member Voetberg.
(a) Definitions. For the purpose of this
section, the following words and phrases shall
RESOLUTION NO. 89-96
be construed as follows:
A RESOLUTION APPROVING THE
SURVEY PLAT OF MARNA RIDGE
Regular Session, March 18, 1996
ESTATES NO. 3, A SUBDIVISION OF LOTsubdivision of Lot 5 of Governmental Lot 1
1 AND LOT 2, BLOCK 1, MARNA RIDGESection 6 all in T88N-R3E; and
Whereas, the City of Dubuque has a 66-
ESTATES IN THE CITY OF DUBUQUE,foot access easement across said property;
IOWA.and
Whereas, there has been filed with the CityWhereas, it is in the best interest of the
Clerk a survey plat Marna Ridge Estates No.City of Dubuque to vacate said easement.
3, a subdivision of Lot 1 and Lot 2, Block 1,NOW, THEREFORE, BE IT RESOLVED
Marna Ridge Estates in the City of Dubuque,BY THE CITY COUNCIL OF THE CITY OF
Iowa; andDUBUQUE, IOWA:
Whereas, upon said final plat appearSection 1. That the City of Dubuque, Iowa
street(s) to be known as Geraldine Drive,intends to dispose of its interest and vacate an
which the owners by said survey plat haveaccess easement in PT. Lots 3 and 4 NW 1/4
dedicated to the public forever; andNE 1/4 Section 6, PT. Lot 1-5 Fractional
Whereas, said final plat has been reviewedGovernmental Lot 1 of Section 6, PT. Lot 3 of
by the City Planner and had her approvalFractional Governmental Lot 1 of Section 6
endorsed thereon; andand Lot 2 of subdivision of Lot 5 of
Whereas, said final plat has beenGovernmental Lot 1 Section 6 all in T88N-
examined by the City Council and they findR3E, as shown on the attached Exhibit "A".
that it conforms to the statutes and ordinancesSection 2. That the City Clerk be and is
relating to it.hereby authorized and directed to cause a
NOW, THEREFORE, BE IT RESOLVEDnotice to be published as prescribed under
BY THE CITY COUNCIL OF THE CITY OFSection 364.7 Code of Iowa, 1989 or
DUBUQUE, IOWA:amended.
Section 1. That the dedication of GeraldinePassed, approved and adopted this 18th
Drive (Lot A), as it appears upon said surveyday of March, 1996.
plat, be and the same are hereby accepted;Terrance M. Duggan, Mayor
andAttest: Mary A. Davis, City Clerk
Section 2. That the plat of Marna RidgeCouncil Member Krieg moved adoption of
Estates No. 3, a subdivision of Lot 1 and Lotthe Resolution and set Public Hearing on this
2, Block 1, Marna Ridge Estates is herebymatter for 4-1-96 at 7:00 p.m. in the Public
approved and the Mayor and City Clerk areLibrary Auditorium and the City Clerk be
hereby authorized and directed to endorse thedirected to publish notice in the manner
approval of the City of Dubuque, Iowa, uponprescribed by law. Seconded by Council
said final plat. Member Buol. Carried by the following vote:
Passed, approved and adopted this 18thYeas—Mayor Duggan, Council Members
day of March, 1996.Buol, Krieg, Michalski, Nicholson, Robbins.
Terrance M. Duggan, MayorNays—None. Absent—Council Member
ATTEST: Mary A. Davis, City ClerkVoetberg.
Council Member Krieg moved adoption of
the Resolution. Seconded by Council MemberCity Manager submitting documents
Robbins. providing for bidding process for the Phase III
Carried by the following vote: Yeas—MayorImprovements at the Water Pollution Control
Duggan, Council Members Buol, Krieg,Plant, presented and read. Council Member
Michalski, Nicholson, Robbins. Nays—None.Krieg moved that the communication be
Absent—Council Member Voetberg. received and filed. Seconded by Council
Member Buol. Carried by the following vote:
City Manager recommending to vacate theYeas—Mayor Duggan, Council Members
city's access easement from MarJo QuarryBuol, Krieg, Michalski, Nicholson, Robbins.
Road to Julien Dubuque's Monument,Nays—None. Absent—Council Member
presented and read. Council Member KriegVoetberg.
moved that the communication be received
and filed. Seconded by Council Member Buol.RESOLUTION NO. 91-96
Carried by the following vote: Yeas—MayorPRELIMINARY APPROVAL OF PLANS
Duggan, Council Members Buol, Krieg,AND SPECIFICATIONS
Michalski, Nicholson, Robbins. Nays—None.Whereas, the proposed plans,
Absent—Council Member Voetberg. specifications and form of contract for the
Water Pollution Control Plant Phase III
RESOLUTION NO. 90-96Improvements in the estimated amount of
RESOLUTION OF INTENT TO DISPOSE OF$2,200,000 have been prepared by Strand
INTEREST AND VACATE 66-FOOTAssociates, Inc., under the direction of the
ACCESS EASEMENT FROM MAR JOCity.
QUARRY ROAD TO THE JULIENNOW THEREFORE, BE IT RESOLVED
DUBUQUE MONUMENT (MONUMENTBY THE CITY COUNCIL OF THE CITY OF
ROAD)DUBUQUE, IOWA:
Whereas, the State of Iowa, Department ofSection 1.The proposed plans,
Natural Resources, is the current owner ofspecifications, and form of contract are
PT. Lots 3 and 4 NW 1/4 NE 1/4 Section 6,approved and ordered filed in the office of the
PT. Lot 1-5 Fractional Governmental Lot 1 ofCity Clerk for public inspection.
Section 6, PT. Lot 3 of FractionalPassed, approved and adopted this 18th
Governmental Lot 1 of Section 6 and Lot 2 ofday of March, 1996.
Regular Session, March 18, 1996
Terrance M. Duggan Mayorhaving general circulation in the City of
Attest: Mary A. Davis, City ClerkDubuque, Iowa, which notice shall not be less
Council Member Krieg moved that thethan four days nor more than twenty days prior
communication be received and filed.to the receipt of said bids at 2:00 p.m. on the
Seconded by Council Member Buol. Carried14th day of May, 1996. Bids shall be opened
by the following vote: Yeas—Mayor Duggan,and read by the City Clerk at said time and will
Council Members Buol, Krieg, Michalski,be submitted to the Council for final action at
Nicholson,Robbins. Nays—None.7:00 p.m. on the 17th day of June, 1996.
Absent—Council Member Voetberg. Passed, approved and adopted this 18th
day of March, 1996.
RESOLUTION NO. 92-96Terrance M. Duggan, Mayor
FIXING DATE OF HEARING ON PLANSAttest: Mary A. Davis, City Clerk
AND SPECIFICATIONSCouncil Member Krieg moved adoption of
Whereas, the City Council of the City ofthe Resolution. Seconded by Council Member
Dubuque, Iowa, has given its preliminaryBuol. Carried by the following vote:
approval of the proposed plans, specifications,Yeas—Mayor Duggan, Council Members
and form of contract and placed same on fileBuol, Krieg, Michalski, Nicholson, Robbins.
in the office of the City Clerk for the DubuqueNays—None. Absent—Council Member
Water Pollution Control Plant Phase IIIVoetberg.
Improvements.
NOW THEREFORE, BE IT RESOLVEDZoning Advisory Commission advising of
BY THE CITY COUNCIL OF THE CITY OFtheir approval to rezone property located
DUBUQUE, IOWA:Southwest of Cedar Cross Road and North of
Section 1. That on the 17th day of June,Fremont Ave. (Across from Hughes Court)
1996, a public hearing will be held at 7:00 p.m.from AG to LI and CS District (Julian
in the Public Library Auditorium at which timeNemmers), presented and read. Council
interested persons may appear and be heardMember Krieg moved that the communication
for or against the proposed plans andbe received and filed. Seconded by Council
specifications, form of contract and cost ofMember Nicholson. Carried by the following
said improvement, and the City Clerk be andvote: Yeas—Mayor Duggan, Council
is hereby directed to cause a notice of timeMembers Buol, Krieg, Michalski, Nicholson,
and place of such hearing to be published in aRobbins. Nays—None. Absent—Council
newspaper having general circulation in theMember Voetberg.
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twentyAn Ordinance Amending Zoning Map by
days prior to the day fixed for its consideration.reclassifying above property from AG
At the hearing, any interested person mayAgricultural District to CS Commercial Service
appear and file objections to the proposedand Wholesale District, presented and read.
plans, specifications, form of contract, orCouncil Member Krieg moved that the
estimated cost of the improvement.requirement that a proposed Ordinance be
Passed, approved and adopted this 18thconsidered and voted on for passage at two
day of March, 1996. Council Meetings prior to the meeting at which
Terrance M. Duggan, Mayorit is to be finally passed be suspended.
Attest: Mary A. Davis, City ClerkSeconded by Council Member Nicholson.
Council Member Krieg moved adoption ofCarried by the following vote: Yeas—Mayor
the Resolution. Seconded by Council MemberDuggan, Council Members Buol, Krieg,
Buol. Carried by the following vote: Michalski, Nicholson, Robbins. Nays—None.
Yeas—Mayor Duggan, Council MembersAbsent—Council Member Voetberg. Council
Buol, Krieg, Michalski, Nicholson, Robbins.Member Krieg moved that a Public Hearing be
Nays—None. Absent—Council Memberheld on the proposed Ordinance on the 1st
Voetberg. day of April, 1996, at 7:00 o'clock p.m. at the
Public Library Auditorium and that the City
RESOLUTION NO. 93-96Clerk be directed to publish notice in the
ORDERING BIDSmanner prescribed by law. Seconded by
NOW THEREFORE, BE IT RESOLVEDCouncil Member Nicholson. Carried by the
BY THE CITY COUNCIL OF THE CITY OFfollowing vote: Yeas—Mayor Duggan,
DUBUQUE, IOWA:Council Members Buol, Krieg, Michalski,
Section 1. That the project titled WaterNicholson, Robbins. Nays—None.
Pollution Control Plant Phase IIIAbsent—Council Member Voetberg.
Improvements is hereby ordered to be
advertised for bids for construction.Zoning Advisory Commission advising of
Section 2. That the amount of the securitytheir approval to amend the Conceptual
to accompany each bid shall be in an amountDevelopment Plan at 4100 Dodge St. to allow
which shall conform to the provisions of the3 free-standing signs (Lowe's Companies,
notice to bidders hereby approved as part ofInc.), presented and read. Council Member
the plans and specifications heretoforeKrieg moved that the communication be
adopted.received and filed. Seconded by Council
Section 3. That the City Clerk is herebyMember Nicholson. Carried by the following
directed to advertise for bids for thevote: Yeas—Mayor Duggan, Council
construction of the improvements hereinMembers Buol, Krieg, Michalski, Nicholson,
provided to be published in a newspaper
Regular Session, March 18, 1996
Robbins. Nays—None. Absent—CouncilRobbins. Nays—None. Absent—Council
Member Voetberg. Member Voetberg.
An Ordinance Providing for theZoning Advisory Commission advising of
amendment of Ordinances Nos. 31-92, 59-93their approval to amend Conceptual
and 41-95 which adopted the PC PlannedDevelopment Plan for Dubuque In-Futuro,
Commercial District for Wal-Mart Stores, Inc.Inc., presented and read. Council Member
and Lowe's Companies, Inc. and establishedKrieg moved that the communication be
Sign Regulations for that Planned Commercialreceived and filed. Seconded by Council
District, presented and read. Council MemberMember Nicholson. Carried by the following
Krieg moved that the requirement that avote: Yeas—Mayor Duggan, Council Members
proposed Ordinance be considered and votedBuol, Krieg, Michalski, Nicholson, Robbins.
on for passage at two Council Meetings priorNays—None. Absent—Council Member
to the meeting at which it is to be finallyVoetberg.
passed be suspended. Seconded by Council
Member Nicholson. Carried by the followingAn Ordinance Providing for the amendment
vote: Yeas—Mayor Duggan, Councilof Resolution No. 1-82 which adopted the
Members Buol, Krieg, Michalski, Nicholson,conditions of Development and Operation,
Robbins. Nays—None. Absent—CouncilDubuque Industrial Center for the Dubuque
Member Voetberg. Council Member KriegIndustrial Center Planned Industrial District,
moved that a Public Hearing be held on thepresented and read. Council Member Krieg
proposed Ordinance on the 1st day of April,moved that the requirement that a proposed
1996, at 7:00 o'clock p.m. at the Public LibraryOrdinance be considered and voted on for
Auditorium and that the City Clerk be directedpassage at two Council Meetings prior to the
to publish notice in the manner prescribed bymeeting at which it is to be finally passed be
law. Seconded by Council Membersuspended. Seconded by Council Member
Nicholson. Carried by the following vote: Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins.Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—None. Absent—Council MemberNays—None. Absent—Council Member
Voetberg. Voetberg. Council Member Krieg moved that
a Public Hearing be held on the proposed
Zoning Advisory Commission advising ofOrdinance on the 1st day of April, 1996, at
their approval to rezone property located at7:00 o'clock p.m. at the Public Library
290 Wartburg Place from R-1 to PUD with aAuditorium and that the City Clerk be directed
PR District, presented and read. Councilto publish notice in the manner prescribed by
Member Krieg moved that the communicationlaw. Seconded by Council Member
be received and filed. Seconded by CouncilNicholson. Carried by the following vote:
Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council MembersBuol, Krieg, Michalski, Nicholson, Robbins.
Buol, Krieg, Michalski, Nicholson, Robbins.Nays—None. Absent—Council Member
Nays—None. Absent—Council MemberVoetberg.
Voetberg.
At 7:43 p.m., Council Member Nicholson
An Ordinance Amending Zoning Mapmoved to go into Closed Session — In
providing for reclassification of propertyaccordance with Chapter 21.5 1.(j) to discuss
located at 290 Wartburg Place from R-1the purchase of particular real estate where
Single Family Residential District to PUDpremature disclosure could be reasonably
Planned Unit Development District with a PRexpected to increase the price the
Planned Residential District Designation andgovernmental body would have to pay for that
adopting a Conceptual Development Plan, withproperty. Seconded by Council Member
conditions, (Conlon Construction), presentedMichalski. Carried by the following vote:
and read. Council Member Krieg moved thatYeas—Mayor Duggan, Council Members
the requirement that a proposed Ordinance beBuol, Krieg, Michalski, Nicholson, Robbins.
considered and voted on for passage at twoNays—None. Absent—Council Member
Council Meetings prior to the meeting at whichVoetberg.
it is to be finally passed be suspended.
Seconded by Council Member Buol. CarriedAt 8:23 p.m. Council reconvened in
by the following vote: Yeas—Mayor Duggan,Regular Session with statement that direction
Council Members Buol, Krieg, Michalski,had been given to Staff.
Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg. CouncilThere being no further business, Council
Member Krieg moved that a Public Hearing beMember Nicholson moved to adjourn.
held on the proposed Ordinance on the 1stSeconded by Council Member Buol. Carried
day of April, 1996, at 7:00 o'clock p.m. at theby the following vote: Yeas—Mayor Duggan,
Public Library Auditorium and that the CityCouncil Members Buol, Krieg, Michalski,
Clerk be directed to publish notice in theNicholson, Robbins. Nays—None.
manner prescribed by law. Seconded byAbsent—Council Member Voetberg. The
Council Member Buol. Carried by themeeting adjourned at 8:24 p.m.
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,Mary A. Davis CMC
Regular Session, March 18, 1996
City Clerk
Approved , 1997
Adopted , 1997
Mayor
Council Members
Attest:
City Clerk
Special Session, March 25, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
meeting. Seconded by Council Member Buol.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Special Work Session, Monday, March 25,
Nays—None. The meeting adjourned at 5:58
1996.
P.M.
Council Met at 4:30 p.m., Public Library
Auditorium.
Mary A. Davis CMC
Present: Council Members Buol, Krieg,
City Clerk
Nicholson, Robbins, Voetberg, City Manager
Michael Van Milligen.
Absent at Roll Call: Mayor Duggan,
Approved , 1997
Council Member Michalski.
Adopted , 1997
Also Present-City Solicitor Wm. Blum,
Human Rights Director Charles Azebeokhai
and Human Rights Commissioners, Roger
Maiers, Duane Nilles, Marty O'Shea, Ruby
Mayor
Sutton, Nancy Miller, Thom Determan and
James Noonan.
Mayor Pro Tem Nicholson called the
meeting to order for the purpose to hold a
Joint Session with the Human Rights
Commission.
Council Members
Attest:
Mayor Duggan entered the Chambers at
4:37 P.M. and Council Member Michalski
entered the Chambers at 4:40 P.M.
City Clerk
Discussion was held with the Human
Rights Commission regarding proposed
changes to Chapter 27 of the Code of
Ordinances - Human Relations in order to
comply with current ADA regulations.
Commission was directed to bring revised
Ordinance back at a later Council meeting for
final approval by the Council.
At 5:24 P.M. Council Member Krieg moved
to go into Closed Session In accordance with
Chapter 21.5 1.(j) to discuss the purchase of
particular real estate where premature
disclosure could be reasonably expected to
increase the price the governmental body
would have to pay for that property. Seconded
by Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays—None.
Council reconvened in Regular Session at
5:57 P.M. and Mayor Duggan announced
Staff had been given direction regarding
purchase.
There being no further business, Council
Member Krieg moved to adjourn the
Regular Session, April 2, 1996
NOW, THEREFORE, BE IT RESOLVED
DUBUQUE
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 403-95
CITY COUNCIL
consenting to the assignment of the Sewer
Use Agreement between the city of Dubuque
and FDL by the merger of FDL with a
OFFICIAL
subsidiary of IBP resulting in the survival of
PROCEEDINGS
FDL Foods, Inc. wholly-owned by IBP, is
hereby rescinded.
Passed, approved and adopted this 2nd
City Council, Special Session, Tuesday,
day of April, 1996.
April 2, 1996.
Terrance M. Duggan, Mayor
Council met at 4:30 p.m., Public Library
Attest: Mary A. Davis, City Clerk
Auditorium.
Council Member Voetberg moved adoption
Present: Mayor Duggan, Council Members
of the Resolution. Seconded by Council
Buol, Krieg, Michalski, Nicholson, Robbins,
Member Nicholson. Carried by the following
Voetberg, City Manager Michael Van Milligen,
vote: Yeas—Mayor Duggan, Council Members
Corporation Counsel Barry Lindahl.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
There being no further business, Council
for the purpose to rescind Resolution No. 403-
Member Nicholson moved to adjourn the
95 and acting upon such business which may
meeting. Seconded by Council Member
properly come before the Council.
Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Communication of City Manager
Buol, Krieg, Michalski, Nicholson, Robbins,
recommending approval of a resolution
Voetberg. Nays—None. The meeting
rescinding Resolution No. 403-95, presented
adjourned at 4:34 p.m.
and read. Council Member Voetberg moved
that the communication be received and filed.
Mary A. Davis, CMC
Seconded by Council Member Nicholson.
City Clerk
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Approved ,1997
Michalski, Nicholson, Robbins, Voetberg.
Nays—None.
Adopted ,1997
RESOLUTION NO. 116-96
RESOLUTION RESCINDING RESOLUTION
NO. 403-95 WHICH CONSENTED TO THE
Mayor
ASSIGNMENT OF THE SEWER USE
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA, AND FDL FOODS, INC.
Whereas, the City of Dubuque, Iowa
(“City”) and FDL Foods, Inc. (“FDL”) entered
into a certain Sewer Use Agreement dated
August 1, 1994; and
Whereas, the said Sewer Use Agreement
prohibits assignment without the prior written
consent of the City and that a merger, sale of
Council Members
the majority of the stock or consolidation shall
Attest:
be deemed as assignment for the purposes of
the Agreement; and
Whereas, FDL indicated to the City that it
City Clerk
was entering into an arrangement whereby
IBP Subsidiary, Inc., a wholly-owned
subsidiary corporation of IBP, Inc. (“IBP”)
would be merged into a statutory merger with
FDL, the surviving corporation being FDL,
which would be wholly-owned by IBP, and
FDL requested the City to consent to the
assignment; and
Whereas, the City Council consented to the
assignment of the Sewer Use Agreement to
FDL, the surviving corporation in the merger,
in Resolution No. 403-95; and
Whereas, FDL did not enter into a merger
agreement with IBP; and
Whereas, the City Council now finds that
the consent to the assignment should be
rescinded.