1997 January Council Proceedings
Regular Session, January 6, 1997
Corporation Council advising following
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
Assurance Pool: Property damage of James &
DUBUQUE
Genevieve Givens; Car damage of Joyce
McDonnell, , presented and read. Council
Member Voetberg moved that the
CITY COUNCIL
communications be received and filed.
Seconded by Council Member Nicholson.
Motion carried 7-0.
OFFICIAL
Corporation Counsel recommending
PROCEEDINGS
settlement of truck damage claim of Don Vogt
in the amount of $243.95, presented and read.
City Council, Regular Session, January 6,
Council Member Voetberg moved that the
1997
communication be received and filed and
Council met at 7:00 p.m. Public Library
approved the settlement with Finance Director
Auditorium
to issue the check. Seconded by Council
Present: Mayor Duggan, Council Members
Member Nicholson. Motion carried 7-0.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel recommending denial
Corporation Counsel Barry A. Lindahl.
of following claims: Tire damage of Lloyd
Streng; Tire damage of Heather A. Strumpf,
Mayor Duggan read the call and stated this
presented and read. Council Member
is the Regular Session of the City Council
Voetberg moved that the communications be
called for the purpose to act upon such
received and filed and the denials approved.
business which may properly come before the
Seconded by Council Member Nicholson.
Council.
Motion carried 7-0.
Invocation was given by Rev. Laurice
HUD submitting Consolidated End-of-Year
Streyffeler, Pastor of St. Luke’s United
Review for Program Year 1995, presented and
Methodist Church.
read. Council Member Michalski moved that
the report be received and filed. Seconded by
PROCLAMATION - Jan. 19 as “Day of
Council Member Robbins. Motion carried 7-
Celebration in Honor of Martin Luther King”
0.
received by Sister MaryLee Cox.
McGraw-Hill Companies advising of a
MINUTES SUBMITTED — Airport
reduction in force at The McGraw-Hill
Commission of 11-19; Civil Service
Companies’ Dubuque location occurring in
Commission of 10-14; Community
phases between March and April, 1997,
Development Commission of 12-3; Five Flags
presented and read. Council Member
Commission of 11-18; Housing Code Appeals
Voetberg moved that the communication be
Board of 12-17; Housing Commission of 12-
received and filed. Seconded by Council
10; Human Rights Commission of 11-4; Park
Member Nicholson. Motion carried 7-0.
& Recreation Commission of 12-10, presented
and read. Council Member Voetberg moved
City Manager recommending approval of
that the minutes be received and filed.
final plat of Sunnyslope Estates Phase 4,
Seconded by Council Member Nicholson.
presented and read. Council Member
Motion carried 7-0.
Voetberg moved that the communication be
received and filed. Seconded by Council
Human Rights Commission submitting
Member Nicholson. Motion carried 7-0.
their Annual Report for FY’96 and Finance
Director submitting financial Reports for
RESOLUTION NO. 1-97
November, 1996, presented and read.
A RESOLUTION RESCINDING
Council Member Voetberg moved that the
RESOLUTION NO. 299-96 AND RE-
report be received and filed. Seconded by
APPROVING THE FINAL PLAT OF
Council Member Nicholson. Motion carried 7-
SUNNYSLOPE ESTATES PHASE 4, BEING
0.
A SUBDIVISION OF LOT W, IN THE CITY
OF DUBUQUE, IOWA.
NOTICES OF CLAIMS/SUITS — Betty
Whereas, there has been filed with the City
Cordes in unknown amount for personal
Clerk a final plat of Sunnyslope Estates Phase
injuries; Joseph J. Hardine and Kathy Green
4, the final plat of Lot 5 of Block 12, Lots 12-
(Claimant’s mother) in unliquidated damages
22 inclusive, of Block 16, Lots 1-22 inclusive,
estimated to be in excess of $20,000.00 for
of Block 17, Lots 1-18 inclusive, of Block 18,
personal injuries; Dale MaGee in amount of
Lot 9 of Block 19, and Lots X, Y, Z and AA of
$3.00 for not holding property until a case had
Sunnyslope Estates, being a subdivision of
been settled, presented and read. Council
Lot W of Sunnyslope Estates in the City of
Member Voetberg moved that the claims and
Dubuque, Iowa; and
suits be referred to the Legal Staff for
Whereas, upon said final plat appear
investigation and report. Seconded by Council
street(s) to be known as Sunnyslope Drive
Member Nicholson. Motion carried 7-0.
(Lot X), Red Violet Drive (Lot Y), High Cloud
Regular Session, January 6, 1997
Drive (Lot AA), and Twilight Drive (Lot Z),manner acceptable to the City Engineer, and
together with certain public utility and sanitaryin accordance with construction improvement
sewer and storm sewer easements which theplans approved by the City Engineer, and
owners by said final plat have dedicated to theinspected by the City Engineer.
public forever; and
Whereas, the preliminary plat has beenc.To construct said improvements, within two
examined by the Zoning Advisory Commission(2) years from the date of acceptance of this
and had its approval endorsed thereon; andresolution, at the sole expense of the owners,
Whereas, said final plat has been reviewedor future owners;
by the City Planner and had her approvald.To maintain the public improvements, for a
endorsed thereon, subject to the ownersperiod of two (2) years from the date of the
agreeing to the conditions noted in Section 2acceptance of those improvements by the City
below; andof Dubuque, Iowa, at the sole expense of the
Whereas, said final plat has beenowners, or future owners;
examined by the City Council and they findAnd further provided that Kenneth Moore,
that it conforms to the statutes and ordinancesas owner of said property, shall secure the
relating to it, except that no streets or publicperformance of the foregoing conditions
utilities have yet been constructed or installed;provided in this Section by providing
andguarantees in such form and with such
Whereas, the City Council concurs in thesureties as may be acceptable to the City
conditions of approval established by theManager of the City of Dubuque, Iowa.
Zoning Advisory Commission and the CitySection 4. Sidewalk installation shall be the
Planner; andresponsibility of the owner of the property
Whereas, the City Council has approvedabutting the public right-of-way, as required by
this final plat at the request of Radford RoadCity Code 41-161 through 41-164. The
Development, Inc., and now is requested to re-responsibility shall extend to all successors,
approve this final plat to allow the sale ofheirs and assignees. Sidewalk installation will
Sunnyslope Estates Phase 4, being anot be required until the development of the lot
subdivision of Lot W, to Kenneth Moore.has been completed, except as required
NOW, THEREFORE, BE IT RESOLVEDherein. In sparsely developed subdivisions,
BY THE CITY COUNCIL OF THE CITY OFsidewalks on developed lots will not be
DUBUQUE, IOWA:required until 50% of the lots approved by the
Section 1.That Resolution 299-96 isplat have been developed. All vacant lots shall
hereby rescinded.have sidewalks installed upon development of
Section 2. That the dedications of80% of the lots approved by the plat.
Sunnyslope Drive (Lot X), Red Violet DriveSection 5. That the final acceptance of all
(Lot Y), High Cloud Drive (Lot Z) and Twilightpublic improvements shall occur upon
Drive (Lot AA), together with the easementscertification of the City Engineer to the City
for public utilities, sanitary sewer, storm sewerCouncil that all public improvements have
and water mains as they appear upon saidbeen completed in accordance with the
final plat, be and the same are herebyimprovement plans and City standard
accepted; andspecifications and accepted by City Council
Section 3. That the plat of SunnyslopeResolution.
Estates Phase 4 is hereby approved and theSection 6. That in the event Kenneth
Mayor and City Clerk are hereby authorizedMoore shall fail to execute the acceptance and
and directed to endorse the approval of thefurnish the guarantees provided in Section 3
City of Dubuque, Iowa, upon said final plat,hereof within 180 days after the date of this
provided the owners of said property hereinResolution, the provisions hereof shall be null
named, execute their written acceptanceand void and the acceptance of the dedication
hereto attached agreeing:and approval the plat shall not be effective.
a.To reduce Sunnyslope Drive (Lot X), RedPassed, approved and adopted this 6th of
Violet Drive (Lot Y), High Cloud Drive (Lot Z)January, 1997.
and Twilight Drive (Lot AA) to grade and toTerrance M. Duggan, Mayor
construct concrete curb and gutter and to hardATTEST: Mary A. Davis, City Clerk
surface with asphaltic concrete, or withACCEPTANCE OF RESOLUTION NO. 1-97
concrete pavIng with integral curb, to gradeI, the undersigned, Kenneth Moore,
and construct Red Violet Drive (Lot Y) to therepresenting Moore Development, Ltd., having
east boundary of the subdivision, all inread the terms and conditions of the
accordance with the City of Dubuque standardResolution No. 1-97 and being familiar with
specifications, all in a manner acceptable tothe conditions thereof, hereby accept this
the City Engineer, and in conformance withsame and agree to the conditions required
construction improvement plans approved bytherein.
the City Engineer, and inspected by the CityDated this 10th day of January, 1997.
Engineer.By /s/ Kenneth J. Moore
b.To install sanitary sewer mains and sewerMoore Development, Ltd.
service laterals into each individual lot, waterTO:Mary A. Davis
mains and water service laterals into eachCity Clerk
individual lot, storm sewers and catch basins,This is to certify that the required security
boulevard street lighting and erosion controlfor the foregoing Resolution No. 1-97 has
devices all in accordance with the City ofbeen properly filed.
Dubuque standard specifications, all in aDated this 13th day of January, 1997.
Regular Session, January 6, 1997
/s/ Michael C. Van MilligenManager has examined the work and filed his
City Managercertificate stating that the same has been
Council Member Voetberg moved adoptioncompleted according to the terms of the
of the Resolution. Seconded by Councilcontract, plans and specifications and
Member Nicholson. Motion carried 7-0. recommends it acceptance.
NOW THEREFORE, BE IT RESOLVED
City Manager recommending approval toBY THE CITY COUNCIL OF THE CITY OF
reallocate $5,841 of Community DevelopmentDUBUQUE, IOWA:
Block Grant funds from employee expense toSection 1. That the recommendation of the
cover cost to print Comprehensive PlanCity Manager be approved and that said
booklets and Comprehensive Plan maps,improvement be and the same is hereby
presented and read. Council Memberaccepted.
Voetberg moved that the communication beBE IT FURTHER RESOLVED that the City
received and filed and approve theTreasurer be and he is hereby directed to pay
reallocation. Seconded by Council Memberto the contractor from Street Construction
Nicholson. Motion carried 7-0. Fund in amount equal to the amount of his
contract, less any retained percentage
City Manager recommending execution ofprovided for therein.
a lease for parking spaces for use by the U.S.Passed, approved and adopted this 6th day
Postal Service, presented and read. Councilof January, 1997.
Member Voetberg moved that theTerrance M. Duggan, Mayor
communication be received and filed.Attest: Mary A. Davis, City Clerk
Seconded by Council Member Nicholson.Council Member Voetberg moved adoption
Motion carried 7-0. of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
RESOLUTION NO. 2-97
RESOLUTION AUTHORIZING THE CITYRESOLUTION NO. 4-97
MANAGER TO ENTER INTO A YEAR-TO-FINAL ESTIMATE
YEAR AGREEMENT WITH THE U.S.Whereas, the contract for the Mt. Carmel
POSTAL SERVICE FOR RESERVEGuardrail has been completed and the City
PARKING STALLS IN THE IOWA STREETEngineer has submitted his final estimate
PARKING RAMP.showing the cost thereof including the cost of
Whereas, the City of Dubuque, Iowa hasestimates, notices and inspection and all
38 reserved parking spaces leased to the U.S.miscellaneous costs;
Postal Service in the Iowa Street ParkingNOW THEREFORE, BE IT RESOLVED
Ramp at the prevailing standard monthly rentalBY THE CITY COUNCIL OF THE CITY OF
rate per stall; andDUBUQUE, IOWA:
Whereas, the U.S. Postal Service desiresSection 1. That the cost of said
to enter into a year-to-year contract leasing 38improvement is hereby determined to be
reserved parking stalls in the Iowa Street$43,033.35 and the said amount shall be paid
Parking Ramp at the prevailing monthly rate.from Street Construction Fund of the City of
NOW, THEREFORE, BE IT RESOLVEDDubuque, Iowa.
BY THE CITY COUNCIL OF THE CITY OFPassed, approved and adopted this 6th day
DUBUQUE, IOWA:of January, 1997.
Section 1. That the City Manager is herebyTerrance M. Duggan, Mayor
authorized and directed to enter into theAttest: Mary A. Davis, City Clerk
attached agreement with the U.S. PostalCouncil Member Voetberg moved adoption
Service for the rental of 38 reserved parkingof the Resolution. Seconded by Council
spaces in the Iowa Street Parking Ramp at theMember Nicholson. Motion carried 7-0.
prevailing ;monthly rental rate per stall for an
initial lease period of one year, effectiveCity Manager recommending that Dr.
January 1, 1997.Thomas Miller be appointed as the Medical
Passed, approved and adopted this 6th dayDirector for the EMS Activity of the Fire
of January, 1997.Department, presented and read. Council
Terrance M. Duggan, MayorMember Voetberg moved that the
Attest: Mary A. Davis, City Clerkcommunication be received and filed.
Council Member Voetberg moved adoptionSeconded by Council Member Nicholson.
of the Resolution. Seconded by CouncilMotion carried 7-0.
Member Nicholson. Motion carried 7-0.
RESOLUTION NO. 5-97
City Manager recommending acceptance ofAPPOINTING THE MEDICAL DIRECTOR
construction of Mt. Carmel Guardrail project,FOR THE CITY OF DUBUQUE FIRE
, presented and read. Council MemberDEPARTMENT’S ADVANCED
Voetberg moved that the communication beEMERGENCY MEDICAL CARE
received and filed. Seconded by CouncilAMBULANCE SERVICE
Member Nicholson. Motion carried 7-0. Whereas, the rules of the Iowa Department
of Health require that an advanced emergency
RESOLUTION NO. 3-97medical care ambulance service authorized by
ACCEPTING IMPROVEMENTthat Department be under the direction, advice
Whereas, the contract for the Mt. Carmelor orders by a Medical Director who supplies
Guardrail has been completed and the Cityprofessional expertise for advanced
Regular Session, January 6, 1997
emergency medical care; and of the Resolution. Seconded by Council
Whereas, Doctor Thomas Miller is a Board-Member Nicholson. Motion carried 7-0.
Certified Emergency Department Physician
interested in serving in this capacity, and suchRESOLUTION NO. 7-97
service is in the best interest of the City ofA RESOLUTION ACCEPTING A
Dubuque.CONVEYANCE OF PROPERTY ON
NOW, THEREFORE, BE IT RESOLVEDPENNSYLVANIA AVENUE TO THE CITY
BY THE CITY COUNCIL OF THE CITY OFOF DUBUQUE
DUBUQUE, IOWA:Whereas, the City of Dubuque entered into
Section 1. That Dr. Thomas Miller bean agreement with Joan Miller, pursuant to
hereby appointed as Medical Director of thewhich Joan Miller, agreed to convey a part of
City of Dubuque’s twenty-four hour AdvancedLot 1 of Block 3 of Embassy West
Emergency Medical Care Ambulance ServiceSubdivision, in the City of Dubuque, Iowa, as
authorized by the Iowa Department of Health.shown on the Acquisition Plat thereof; and
Passed, approved and adopted this 6th dayWhereas, Joan Miller, has executed a
of January, 1997.conveyance of said property.
Terrance M. Duggan, MayorNOW, THEREFORE, BE IT RESOLVED
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.The City Council of the City of
Member Nicholson. Motion carried 7-0. Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
City Manager recommending support of aJoan Miller, copies of which are attached
grant application from REACH Center, whichhereto, as required by Iowa Code Section
specializes in multicultural/global education,569.7.
presented and read. Council MemberSection 2.The Mayor is hereby
Voetberg moved that the communication beauthorized and directed to execute and
received and filed and recommendationacknowledge on behalf of the City of Dubuque
approved. Seconded by Council Memberany instruments in connection herewith.
Nicholson. Motion carried 7-0. Passed, approved and adopted this 6th day
of January, 1997.
City Manager recommending acceptance ofTerrance M. Duggan, Mayor
warranty deeds for right-of-way purchases onAttest: Mary A. Davis, City Clerk
Pennsylvania Avenue, presented and read.Council Member Voetberg moved adoption
Council Member Voetberg moved that theof the Resolution. Seconded by Council
communication be received and filed.Member Nicholson. Motion carried 7-0.
Seconded by Council Member Nicholson.
Motion carried 7-0. RESOLUTION NO. 8-97
A RESOLUTION ACCEPTING A
RESOLUTION NO. 6-97CONVEYANCE OF PROPERTY ON
A RESOLUTION ACCEPTING APENNSYLVANIA AVENUE TO THE CITY
CONVEYANCE OF PROPERTY ONOF DUBUQUE
PENNSYLVANIA AVENUE TO THE CITYWhereas, the City of Dubuque entered into
OF DUBUQUEan agreement with Charles & Mark M.
Whereas, the City of Dubuque entered intoNauman, pursuant to which Charles & Mark
an agreement with Ronald & John Herrig,M. Nauman, agreed to convey a part of Lot 1
pursuant to which Ronald & John Herrig,of 2 of the SE 1/4 of the SE 1/4 of Section 20,
agreed to convey a part of Lot 1 of 1 of A ofT89N, R2E, 5th P.M., Dubuque County, Iowa
Embassy West Subdivision, in the City ofand Part of Lot 2 of 1 of 1 of Block 1 of
Dubuque, Iowa, as shown on the AcquisitionNorthrange Industrial Park, in the City of
Plat thereof; and Dubuque, Iowa, as shown on the Acquisition
Whereas, Ronald & John Herrig, havePlats thereof; and
executed a conveyance of said property.Whereas, Charles & Mark M. Nauman,
NOW, THEREFORE, BE IT RESOLVEDhave executed a conveyance of said property.
BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF
Section 1.The City Council of the City ofDUBUQUE, IOWA:
Dubuque, Iowa, hereby approves of, acceptsSection 1.The City Council of the City of
and consents to the Warranty Deed fromDubuque, Iowa, hereby approves of, accepts
Ronald & John Herrig, copies of which areand consents to the Warranty Deeds from
attached hereto, as required by Iowa CodeCharles & Mark M. Nauman, copies of which
Section 569.7.are attached hereto, as required by Iowa Code
Section 2.The Mayor is herebySection 569.7.
authorized and directed to execute andSection 2.The Mayor is hereby
acknowledge on behalf of the city of Dubuqueauthorized and directed to execute and
any instruments in connection herewith.acknowledge on behalf of the city of Dubuque
Passed, approved and adopted this 6th dayany instruments in connection herewith.
of January, 1997.Passed, approved and adopted this 6th day
Terrance M. Duggan, Mayorof January, 1997.
Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Voetberg moved adoptionAttest: Mary A. Davis, City Clerk
Regular Session, January 6, 1997
Council Member Voetberg moved adoption6th, January 1997.
of the Resolution. Seconded by CouncilTerrance M. Duggan, Mayor
Member Nicholson. Motion carried 7-0. Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
City Manager recommending approval thatof the Resolution. Seconded by Council
Tri-State Occupational Health be hired toMember Nicholson. Motion carried 7-0.
conduct the City Employee Wellness Program
at a cost not to exceed $17,775, presentedBOARDS AND COMMISSIONS:
and read. Council Member Voetberg movedThe applicants were invited to address the
that the communication be received and filedCouncil to indicate their desire to serve on
and recommendation approved. Seconded byfollowing Boards/Commissions.
Council Member Nicholson. Motion carried 7-
0. HUMAN RIGHTS COMMISSION —
Applicants: Kathy Blau, Joseph Hopkins,
City Manager recommending release ofEvelyn Jackson, Nancy Miller, Linda Smith
remaining $7,5000 of budgeted monies for theand Diane TeKippe. Nancy Miller, Kathy Blau
work of the Tri-State Health Care Coalition,and Diane Tekippe, assisted by Deb Herrig,
presented and read. Council Memberspoke requesting consideration for
Voetberg moved that the communication beappointment.
received and filed and recommendation
approved. Seconded by Council MemberHOUSING CODE APPEALS BOARD —
Nicholson. Motion carried 7-0. Applicants: David Althaus, Boniface
Arthofer. No one spoke.
RESOLUTION NO. 9-97
Whereas, applications for Beer PermitsCouncil Member Voetberg moved to
have been submitted and filed to this Councilsuspend the rules to allow anyone present to
for approval and the same have beenaddress the Council if they so desire.
examined and approved; and Seconded by Council Member Michalski.
Whereas, the premises to be occupied byMotion carried 7-0.
such applicants were inspected and found to
comply with the Ordinances of this City andPublic Hearings to consider assessing civil
have filed proper bonds.penalties against following licensed
NOW, THEREFORE, BE IT RESOLVEDestablishments for alcohol violations: Eagle
BY THE CITY COUNCIL OF THE CITY OFFood Center, 2050 JFK Road; Iowa Oil
DUBUQUE, IOWA:Company, 3200 Central; Iowa Oil Company,
That the Manager be authorized to cause to1998 Jackson St. and Park Square Tavern,
be issued the following named applicants a600 Central Ave., presented and read.
Beer Permit.Jim Hall, Manager of Eagle Food Center on
CLASS “C” BEER PERMITJFK Road, spoke.
Iowa Oil CompanyIOCO Speede ShoppeCouncil Member Voetberg moved to
# 33+(Sunday Sales)3200 Centralapprove the penalties in the amount of $300.
Passed, approved and adopted this 6th daySeconded by Council Member Nicholson.
January, 1997.Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City ClerkProof of publication certified to by the
Council Member Voetberg moved adoptionPublisher on Notice of Public Hearing to
of the Resolution. Seconded by Councilconsider rezoning property located South of
Member Nicholson. Motion carried 7-0. Asbury Road and West of the NW Arterial
from AG to C-3 District, , presented and read.
RESOLUTION NO. 10-97Council Member Voetberg moved that the
Whereas, applications for Liquor Licensesproof be received and filed. Seconded by
have been submitted to this Council forCouncil Member Buol. Motion carried 7-0.
approval and the same have been examined
and approved; and An Ordinance Amending Zoning Map by
Whereas, the premises to be occupied byreclassifying property located South of Asbury
such applicants were inspected and found toRoad and West of Northwest Arterial from AG
comply with the State Laws and all CityAgricultural District to C-3 General
Ordinances relevant thereto and they haveCommercial District, with conditions, (first and
filed second readings were given 12-16-96), now
proper bonds.presented for further action.
NOW, THEREFORE, BE IT RESOLVEDMike Remakel of 13988 Surrey Lane,
BY THE CITY COUNCIL OF THE CITY OFspoke requesting rezoning.
DUBUQUE, IOWA:Council Member Voetberg moved to table
That the Manager be authorized to cause toaction on this matter to the Council Meeting of
be issued the following named applicants2-17-97 with the continuation of the Public
a Liquor License.Hearing. Seconded by Council Member Buol.
CLASS "C" (COMMERCIAL) BEER &Motion carried 7-0.
LIQUOR LICENSEProof of publication certified to by the
Phillip R. LoveThe LoungePublisher on Notice of Public Hearing to
+(Sunday Sales) 481 Locust St.consider rezoning property located at 1105
Passed, approved and adopted this day ofUniversity Ave. from C-2 to C-3 District,
Regular Session, January 6, 1997
presented and read. Council Member2)Any new signage will be limited to the C-2
Voetberg moved that the proof be receivedDistrict Sign Regulations.
and filed. Seconded by Council Member3)No alcohol may be served on the property.
Robbins. Motion carried 7-0. 4)Businesses must be closed by 10:00 p.m.
B)Reclassification of the Subject Property.
An Ordinance Amending Zoning Map byThe City of Dubuque, Iowa may initiate zoning
reclassifying property located at 1105reclassification proceedings to the C-2
University Avenue from C-2 NeighborhoodNeighborhood Shopping Center District
Shopping Center District to C-3 General(which rezoning will include the removal of the
Commercial District, with conditions, (with firstperformance standards in Exhibit "A") if the
and second readings given 12-16-96), nowproperty owners fail to complete any of the
presented for further action. conditions or provisions of this Agreement.
C) Modifications. Any modifications of this
(OFFICIAL PUBLICATION)Agreement shall be considered a zoning
ORDINANCE NO. 1-97reclassification and shall be subject tot he
AN ORDINANCE AMENDING APPENDIX Aprovisions of the Zoning Ordinance governing
(THE ZONING ORDINANCE) OF THE CITYzoning reclassifications. All such
OF DUBUQUE CODE OF ORDINANCES,modifications must be approved by the City
BY RECLASSIFYING HEREINAFTERCouncil of Dubuque, Iowa.
DESCRIBED PROPERTY LOCATED ATD) Recording. A copy of this Agreement shall
1105 UNIVERSITY AVENUE FROM C-2be recorded with the Dubuque County
NEIGHBORHOOD SHOPPING CENTERRecorder as a permanent record of the
DISTRICT TO C-3 GENERALconditions accepted as part of this rezoning
COMMERCIAL DISTRICT, WITHapproval within ten (10) days of the adoption of
CONDITIONS.Ordinance No. 1-96.
NOW, THEREFORE, BE IT ORDAINEDE)Construction. This Agreement shall be
BY THE CITY COUNCIL OF THE CITY OFconstrued and interpreted as though it were
DUBUQUE, IOWA:part of Appendix A of the Code of Ordinances
Section 1. That Appendix A (the Zoningof the City of Dubuque, also known as the
Ordinance) of the City of Dubuque Code ofZoning Ordinance of the City of Dubuque,
Ordinances is hereby amended byIowa.
reclassifying the hereinafter describedF)This Agreement shall be binding upon the
property from C-2 Neighborhood Shoppingundersigned and his/her heirs, successor and
Center District to C-3 General Commercialassignees.
District, with conditions as stated in theACCEPTANCE OF ORDINANCE NO. 1-97
attached Memorandum of Agreement, to wit:We, Nick and Jane Hancock, having read
Lot 16 of Marsh’s Dubuque #2 and to thethe terms and conditions of the foregoing
center line of the adjoining public right-of-Ordinance No. 1-97 and being familiar with the
way, all in the City of Dubuque, Iowa.conditions thereof, hereby accept this same
Section 2. The foregoing amendment hasand agree to the conditions required therein.
heretofore been reviewed by the ZoningDated in Dubuque, Iowa this 29th day of
Advisory Commission of the City of Dubuque,December, 1996.
Iowa.By /s/ Nick Hancock
Section 3. This ordinance shall take effectBy /s/ Jane Hancock
immediately upon publication, as provided byPublished officially in the Telegraph Herald
law.
newspaper this 14th day of January, 1997.
Passed, approved and adopted this 6th day
1t 1/14Mary A. Davis CMC, City Clerk
of January, 1997.
Council Member Voetberg moved final
Terrance M. Duggan, Mayor
consideration and passage of the Ordinance.
Attest: Mary A. Davis, City Clerk
Seconded by Council Member Robbins.
MEMORANDUM OF AGREEMENT
Motion carried 7-0.
Pursuant to the Iowa Code Section 414.5
(1993), and as an express condition of
Proof of publication certified to by the
rezoning of the property described as:Publisher on Notice of Public Hearing on
Lot 16 of Marsh’s Dubuque #2, and to theestablishing the Kennedy/Bonson Road
center line of the adjoining public right-of-Sanitary Sewer Interceptor Extension District
way, all in the City of Dubuque, Iowa.and City Manager recommending acceptance
which is the subject of Ordinance No. 1-97, aof construction contract for project in amount
copy of which is attached hereto andof $153,397.10 and set the per acre
incorporated herein by reference, theconnection charges, presented and read.
undersigned property owners, Nick and JaneCouncil Member Buol moved that the proof
Hancock, agree to the following conditions, alland communication be received and filed.
of which the property owner further agrees areSeconded by Council Member Nicholson.
reasonable and are imposed to satisfy publicMotion carried 7-0.
needs which are caused directly by the
Randy Judge, 2829 Bonson Rd., and John
rezoning:
Kivlahan, 4942 Wildflower, both spoke
A)Performance Standards
requesting clarification of time frame of
1)The uses on the property would be limited to
payment of assessment.
those provided in the C-2 Neighborhood
Shopping Center District and the use of the
An Ordinance Establishing the
property for an indoor amusement center.
Kennedy/Bonson Road Sanitary Sewer
Regular Session, January 6, 1997
Interceptor Extension District and a Schedule5.29$ 3,709.99
of Fees for the Connection of property to CityLot 1 of Blosch Property - Hacienda Land
Sewer, presented and read. Corp.37.54$26,327.60
Lot 2 of Blosch Property - Randall H. &
(OFFICIAL PUBLICATION)Patricia J. Judge3.40$ 2,384.49
ORDINANCE NO. 2-97Block 2 of Buena Vista Subd. #5 - Joseph
AN ORDINANCE ESTABLISHING THEH. & Gail A. Mond6.80$ 4,768.99
KENNEDY/BONSON ROAD SANITARYLot 2-2-1 of the E ½ of SW 1/4 of Section 16
SEWER INTERCEPTOR EXTENSION- Tim Hilby12.40$ 8,696.38
DISTRICT AND A SCHEDULE OF FEESLot 1-1 of Mineral Lot 455 - Lemar Koethe
FOR THE CONNECTION OF PROPERTY9.49$ 6,655.54
TO CITY SEWERLot 3 of Mineral Lot 454 - Lemar Koethe
Whereas, after full consideration of the final0.45$ 315.60
connection fee schedule showing theLot 2-1 of Mineral Lot 455 - Lemar Koethe
connection fees proposed to be made for the2.26$ 1,584.99
Kennedy/Bonson Road Sanitary SewerLot 1-1-1-1-1-1-1-1-1-1-9 of NE 1/4 Section
Interceptor Extension, which schedule of16 -John Kivlahan13.90$ 9,748.37
connection fees was filed in the office of theLot 2-1 of Helen & Mary Stewarts - John
City Clerk on the 27th day of November, 1996;Kivlahan8.26$ 5,792.91
andLot 2-2 of Helen & Mary Stewarts - John
Whereas, the City Council has determinedKivlahan3.39$ 2,756.19
that the amounts shown on said schedule areLot 2-6 of the NE 1/4 Section 16 - Frank
proper and are in proportion to the benefitsHardie Advertising Co.0.85$ 596.12
conferred; andLot 5 of NE 1/4 of Section 16 - Frank Hardie
Whereas, the City Council further finds thatAdvertising Co.1.17$ 1,199.26
the Kennedy/Bonson Road Sanitary SewerLot 3-2 of Helen & Mary Stewarts - Frank
Interceptor Extension District should beHardie Advertising Co.2.93$ 2,054.87
established and the connection fee scheduleLot 1-3-1 & 2-3-1 of Helen & Mary Stewarts
approved and adopted.(20.98)($14,713.72)
NOW, THEREFORE, BE IT ORDAINED(Consists of City of Dubuque
BY THE CITY COUNCIL OF THE CITY OF0.87 $ 610.15
DUBUQUE, IOWA: (Consists of Dubuque Community School
Section 1. There is hereby established theDistrict20.11$14,103.57
Kennedy/Bonson Road Sanitary SewerTOTALS136.21$95,526.97
Interceptor Extension District and a scheduleNorth Collector Line
of fees for the connection of property to City$70.67 connection fee per foot
sewer, as shown on the schedule attached LOT DESCRIPTION - OWNER
hereto.FEETCONNECTION FEE
Section 2. Each person whose propertyLot 1 Atkinson Place(The East ½ only) -
will be served by connection to City sewerAsbury Road Bible Church
shall pay a connection fee to the City, as153.25$10,829.09
shown on the schedule attached hereto.Lot 1 Atkinson Place(The West ½ only) -
Section 3. Such connection fee shall beAsbury Road Bible Church
due and payable when a sewer connection153.25 $10,829.08
application is filed with the City. All feesLot 2 Atkinson Place(The East ½ only) -
collected under this Ordinance shall be paid toSummit Congregational Church
the City Treasurer.204.00 $14,415.70
Section 4. The City Clerk is herebyLot 2 Atkinson Place(The West ½ only) -
authorized and directed to certify a copy ofSummit Congregational Church
this Ordinance for recording in the office of the204.00 $14,415.69
Dubuque County Recorder.West Collector Line
Passed, approved and adopted this 6th day$1,372.10 connection fee per acre
of January, 1997.LOT DESCRIPTION - OWNER
Terrance M. Duggan, MayorFEETCONNECTION FEE
Attest: Mary A. Davis, City ClerkBlock 2 Buena Vista Subd. - Joseph H. &
Published officially in the Telegraph HeraldGail M. Mond6.80$9,376.95
newspaper this 14th day of January, 1997.Lot 2 Blosch Property (Southwest 150') -
1t 1/14Mary A. Davis CMC, City Clerk Randall H. & Patricia J. Judge
CITY OF DUBUQUE, IOWA1.63 $2,219.22
SCHEDULE OF CONNECTION FEES FORLot 2 Blosch Property(Northeast 162.17') -
THE KENNEDY/BONSON ROADRandall H. & Patricia J. Judge
SANITARY SEWER INTERCEPTOR1.77 $2,399.28
EXTENSION DISTRICTCouncil Member Buol moved that the
Interceptor Sewerrequirement that a proposed Ordinance be
considered and voted on for passage at two
$701.32 connection fee per acre
Council Meetings prior to the meeting at which
LOT DESCRIPTION - OWNER
it is to be finally passed be suspended.
ACRESCONNECTION FEE
Seconded by Council Member Nicholson.
Lot 1 Atkinson Place - Asbury Rd. Bible
Motion carried 7-0. Council Member Buol
Church6.02$ 4,221.95
moved final consideration and passage of the
Lot 2 Atkinson Place - Summit
Ordinance. Seconded by Council Member
Congregational Church of Christ
Regular Session, January 6, 1997
Robbins. Motion carried 7-0. 40-81 establishing the Washington Street
Urban Revitalization Area to allow late
Proof of publication certified to by theapplications for Tax Exemptions to be filed by
Publisher on Notice of Public Hearing toproperty owners, presented and read.
consider amendment to the lease agreement
with Dubuque Montessori School and City(OFFICIAL PUBLICATION)
Manager recommending approval ofORDINANCE NO. 3-97
amendment, presented and read. Council AN ORDINANCE AMENDING CITY OF
Member Robbins moved that the proof andDUBUQUE ORDINANCE NO. 40-81
communication be received and filed.ESTABLISHING THE WASHINGTON
Seconded by Council Member Nicholson.STREET URBAN REVITALIZATION AREA
Motion carried 7-0. TO ALLOW LATE APPLICATIONS FOR
TAX EXEMPTIONS TO BE FILED BY
RESOLUTION NO. 11-97PROPERTY OWNERS.
RESOLUTION APPROVING ANWhereas, the City of Dubuque Ordinance
AMENDMENT TO THE LEASENo. 40-81 established the Washington Street
AGREEMENT WITH DUBUQUEUrban Revitalization Area; and
MONTESSORI SCHOOL, INC.Whereas, Iowa Code Section 404.4
Whereas, published notice of date, timerequires the first application for a tax
and place of public hearing, published in theexemption to be filed by the owner of property
Telegraph Herald, a newspaper of generalwith the City Council by February 1 of the
circulation published in the City of Dubuque,assessment year for which the exemption is
Iowa, on the 27th day of December, 1996, thefirst claimed, but allows the City Council to
City Council of the City of Dubuque, Iowa, metpermit the owner to file the first application by
on the 6th day of January, 1997, at 7:00 p.m.,February 1 of any other assessment year
in the Public Library Auditorium, Eleventh andselected by the City Council; and
Locust Streets, Dubuque, Iowa, to considerWhereas, the City Council has determined
the first amendment to the Lease Agreementthat it is necessary in the interest of the public
between the City of Dubuque and thehealth, safety and welfare of the residents of
Dubuque Montessori School, a copy of whichthe City of Dubuque to amend the Washington
is attached hereto and incorporated herein byStreet Urban Revitalization Plan to permit the
late filing of an application in the second
reference; and
through tenth assessment years, subject to
Whereas, the City Council of the City of
review and approval by the City Assessor; and
Dubuque, Iowa, overruled any and all
Whereas, a public hearing has been held
objections, oral or written, to the lease
on this amendment to the Washington Street
agreement;
Urban Revitalization Plan, and all other
NOW, THEREFORE, BE IT RESOLVED
requirements of Iowa Code Chapter 404 have
BY THE CITY COUNCIL OF THE CITY OF
been met.
DUBUQUE, IOWA:
NOW, THEREFORE, BE IT ORDAINED
Section 1. The amendment to the Lease
BY THE CITY COUNCIL OF THE CITY OF
Agreement between the City of Dubuque and
DUBUQUE, IOWA;
Dubuque Montessori School, Inc., a copy of
Section 1. The Section entitled "Application
which is attached hereto, is hereby approved.
and Review Procedure (1)" as originally
Section 2. The Mayor is authorized and
established by Ordinance No. 40-81 is hereby
directed to execute the Lease Agreement on
amended by adding thereto the following:
behalf of the City of Dubuque.
The property owner must apply for an
Passed, approved and adopted this 6th day
exception by February 1 of the assessment
of January, 1997.
year for which the exemption is first
Terrace M. Duggan, Mayor
claimed, but not later that the year in which
Attest: Mary A. Davis, City Clerk
all the improvements are first
Council Member Robbins moved adoption
assessed for taxation. Upon the request of
of the Resolution. Seconded by Council
the owner, the governing body of the
Member Nicholson. Motion carried 7-0.
City may provide by resolution that the
Proof of publication certified to by theowner may file an application no later than
Publisher on Notices of Public Hearings toFebruary 1 of the tenth assessment year.
consider amendments to various ordinancesSection 2. The Washington Street Urban
to allow late applicants for Tax Exemptions toRevitalization Plan as amended shall hereafter
be filed by property owners for Washingtonbe on file in the City Clerk's Office, City Hall,
Street Urban Revitalization Area, JacksonDubuque, Iowa.
Park Urban Revitalization Area, Upper MainPassed, approved and adopted this 6th day
Urban Revitalization Area and West 11thof January, 1997.
Street Urban Revitalization Area, and CityTerrance M. Duggan, Mayor
Manager recommending approval of ordinanceAttest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
amendments, presented and read. Council
Member Voetberg moved that the proofs andnewspaper this 14th day of January, 1997.
communication be received and filed.1t 1/14Mary A. Davis CMC, City Clerk
Seconded by Council Member Nicholson.Council Member Voetberg moved that the
Motion carried 7-0. requirement that a proposed Ordinance be
considered and voted on for passage at two
An Ordinance Amending Ordinance No.Council Meetings prior to the meeting at which
Regular Session, January 6, 1997
it is to be finally passed be suspended.Attest: Mary A. Davis, City Clerk
Seconded by Council Member Michalski.Published officially in the Telegraph Herald
Motion carried 7-0. Council Member Voetberg
newspaper this 14th day of January, 1997.
moved final consideration and passage of the
1t 1/14 Mary A. Davis CMC, City Clerk
Ordinance. Seconded by Council Member
Council Member Voetberg moved that the
Michalski. Motion carried 7-0.
requirement that a proposed Ordinance be
considered and voted on for passage at two
An Ordinance Amending Ordinance No.
Council Meetings prior to the meeting at which
74-80 establishing the Jackson Park Urban
it is to be finally passed be suspended.
Revitalization area to allow late applications for
Seconded by Council Member Michalski.
Tax Exemptions to be filed by property
Motion carried 7-0. Council Member Voetberg
owners, presented and read.
moved final consideration and passage of the
Ordinance. Seconded by Council Member
(OFFICIAL PUBLICATION)
Michalski. Motion carried 7-0.
ORDINANCE NO. 4-97
AN ORDINANCE AMENDING CITY OF
An Ordinance Amending Ordinance No.
DUBUQUE ORDINANCE NO. 74-80
69-95 establishing the Upper Main Urban
ESTABLISHING THE JACKSON PARK
Revitalization area to allow late applications for
URBAN REVITALIZATION AREA TO
Tax Exemptions to be filed by property
ALLOW LATE APPLICATIONS FOR TAXowners, presented and read.
EXEMPTIONS TO BE FILED BY
PROPERTY OWNERS.(OFFICIAL PUBLICATION)
Whereas, the City of Dubuque OrdinanceORDINANCE NO. 5-97
No. 74-80 established the Jackson ParkAN ORDINANCE AMENDING CITY OF
Urban Revitalization Area; andDUBUQUE ORDINANCE NO. 69-95
Whereas, Iowa Code Section 404.4ESTABLISHING THE UPPER MAIN URBAN
requires the first application for a taxREVITALIZATION AREA TO ALLOW LATE
exemption to be filed by the owner of propertyAPPLICATIONS FOR TAX EXEMPTIONS
with the City Council by February 1 of theTO BE FILED BY PROPERTY OWNERS.
assessment year for which the exemption isWhereas, the City of Dubuque Ordinance
first claimed, but allows the City Council toNo. 69-95 established the Upper Main Urban
permit the owner to file the first application by
Revitalization Area; and
February 1 of any other assessment year
Whereas, Iowa Code Section 404.4
selected by the City Council; and
requires the first application for a tax
Whereas, the City Council has determined
exemption to be filed by the owner of property
that it is necessary in the interest of the public
with the City Council by February 1 of the
health, safety and welfare of the residents of
assessment year for which the exemption is
the City of Dubuque to amend the Jackson
first claimed, but allows the City Council to
Park Urban Revitalization Plan to permit the
permit the owner to file the first application by
late filing of an application in the second
February 1 of any other assessment year
through tenth assessment years, subject to
selected by the City Council; and
review and approval by the City Assessor; and
Whereas, the City Council has determined
Whereas, a public hearing has been held
that it is necessary in the interest of the public
on this amendment to the Jackson Park Urban
health, safety and welfare of the residents of
Revitalization Plan, and all other requirements
the City of Dubuque to amend the Upper Main
of Iowa Code Chapter 404 have been met.
Urban Revitalization Plan to permit the late
NOW, THEREFORE, BE IT ORDAINED
filing of an application in the second through
BY THE CITY COUNCIL OF THE CITY OF
tenth assessment years, subject to review and
DUBUQUE, IOWA:
approval by the City Assessor; and
Section 1. The Section entitled
Whereas, a public hearing has been held
"Application and Review Procedure (1)" as
on this amendment to the Upper Main Urban
originally established by Ordinance No. 74-80
Revitalization Plan, and all other requirements
is hereby amended by adding thereto the
of Iowa Code Chapter 404 have been met.
following:NOW, THEREFORE, BE IT ORDAINED
The property owner must apply for anBY THE CITY COUNCIL OF THE CITY OF
exception by February 1 of the assessmentDUBUQUE, IOWA;
year for which the exemption is firstSection 1. The Section 5.1(d) as originally
claimed, but not later that the year in whichestablished by Ordinance No. 69-95 is hereby
all the improvements are first assessed foramended by adding thereto the following:
taxation. Upon the request of the owner,The property owner must apply for an
the governing body of the City may provideexception by February 1 of the assessment
by resolution that the owner may file anyear for which the exemption is first
application no later than February 1 of theclaimed, but not later that the year in which
tenth assessment year.all the improvements are first assessed for
Section 2. The Jackson Park Urban
taxation. Upon the request of the owner,
Revitalization Plan as amended shall hereafter
the governing body of the City may provide
be on file in the City Clerk's Office, City Hall,
by resolution that the owner may file an
Dubuque, Iowa.
application no later than February 1 of the
Passed, approved and adopted this 6th day
tenth assessment year.
of January, 1997.
Section 2. The Upper Main Urban
Terrance M. Duggan, Mayor
Revitalization Plan as amended shall hereafter
Regular Session, January 6, 1997
be on file in the City Clerk's Office, City Hall,claimed, but not later that the year in which
Dubuque, Iowa.all the improvements are first assessed for
Passed, approved and adopted this 6th daytaxation. Upon the request of the owner,
of January, 1997.the governing body of the City may provide
Terrance M. Duggan, Mayorby resolution that the owner may file an
Attest: Mary A. Davis, City Clerkapplication no later than February 1 of the
Published officially in the Telegraph Heraldtenth assessment year.
Section 2. The West 11th Street Urban
newspaper this 14th day of January, 1997.
Revitalization Plan as amended shall hereafter
1t 1/14Mary A. Davis CMC, City Clerk
be on file in the City Clerk's Office, City Hall,
Council Member Voetberg moved that the
Dubuque, Iowa.
requirement that a proposed Ordinance be
Passed, approved and adopted this 6th day
considered and voted on for passage at two
of January, 1997.
Council Meetings prior to the meeting at which
Terrance M. Duggan, Mayor
it is to be finally passed be suspended.
Attest: Mary A. Davis, City Clerk
Seconded by Council Member Michalski.
Published officially in the Telegraph Herald
Motion carried 7-0. Council Member Voetberg
moved final consideration and passage of thenewspaper this 14th day of January,
Ordinance. Seconded by Council Member1997.
Michalski. Motion carried 7-0. 1t 1/14Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that the
An Ordinance Amending Ordinance No.requirement that the proposed Ordinances be
15-81 establishing the West 11th Streetconsidered and voted on for passage at two
Urban Revitalization area to allow lateCouncil Meetings prior to the meeting at which
applications for Tax Exemptions to be filed bythey are to be finally passed be suspended.
property owners, presented and read. Seconded by Council Member Michalski.
Motion carried 7-0. Council Member Voetberg
(OFFICIAL PUBLICATION)moved final consideration and passage of the
ORDINANCE NO. 6-97Ordinances. Seconded by Council Member
AN ORDINANCE AMENDING CITY OFMichalski. Motion carried 7-0.
DUBUQUE ORDINANCE NO. 15-81
ESTABLISHING THE WEST 11TH STREETProof of publication certified to by the
URBAN REVITALIZATION AREA TOPublisher on Notice of Hearing on Plans and
ALLOW LATE APPLICATIONS FOR TAXSpecifications for the Mooring Dolphins for
EXEMPTIONS TO BE FILED BYDelta Queen Landing Site, presented and
PROPERTY OWNERS.read. Council Member Voetberg moved that
Whereas, the City of Dubuque Ordinancethe proof be received and filed. Seconded by
No. 15-81 established the West 11th StreetCouncil Member Nicholson. Motion carried 7-
Urban Revitalization Area; and0.
Whereas, Iowa Code Section 404.4
requires the first application for a taxRESOLUTION NO. 12-97
exemption to be filed by the owner of propertyRESOLUTION ADOPTING PLANS
with the City Council by February 1 of theAND SPECIFICATIONS
assessment year for which the exemption isWhereas, on the 27th day of November,
first claimed, but allows the City Council to1996, plans, specifications, form of contract
permit the owner to file the first application byand estimated cost were filed with the City
February 1 of any other assessment yearClerk of Dubuque, Iowa for the Mooring
selected by the City Council; andDolphins for Delta Queen Landing Site.
Whereas, the City Council has determinedWhereas, notice of hearing on plans,
that it is necessary in the interest of the publicspecifications, form of contract, and estimated
health, safety and welfare of the residents ofcost was published as required by law.
the City of Dubuque to amend the West 11thNOW THEREFORE, BE IT RESOLVED
Street Urban Revitalization Plan to permit theBY THE CITY COUNCIL OF THE CITY OF
late filing of an application in the secondDUBUQUE, IOWA:
through tenth assessment years, subject toThat the said plans, specifications, form of
review and approval by the City Assessor; andcontract and estimated cost are hereby
Whereas, a public hearing has been heldapproved as the plans, specifications, form of
on this amendment to the West 11th Streetcontract and estimated cost for said
Urban Revitalization Plan, and all otherimprovements for said project.
requirements of Iowa Code Chapter 404 havePassed, adopted and approved this 6th day
been met.of January, 1997.
NOW, THEREFORE, BE IT ORDAINEDTerrance M. Duggan, Mayor
BY THE CITY COUNCIL OF THE CITY OFAttest: Mary A. Davis, City Clerk
DUBUQUE, IOWA;Council Member Voetberg moved adoption
Section 1. The Section entitledof the Resolution. Seconded by Council
"Application and Review Procedure 1" asMember Nicholson. Motion carried 7-0.
originally established by Ordinance No. 15-81
is hereby amended by adding thereto theProof of publication certified to by the
following:Publisher on Notice to Bidders of the Receipt
The property owner must apply for anof bids for project and City Manager
exception by February 1 of the assessmentrecommending to award contract for project,
year for which the exemption is firstpresented and read. Council Member
Regular Session, January 6, 1997
Voetberg moved that the proof anddescribed be and the same is hereby
communication be received and filed.approved and the Mayor and City Clerk be and
Seconded by Council Member Nicholson.they are hereby authorized and directed to
Motion carried 7-0. execute said plat for and on behalf of the City
of Dubuque, Iowa.
RESOLUTION NO. 13-97Section 2. The City reserves unto itself a
AWARDING CONTRACTperpetual easement including the right of
Whereas, sealed proposals have beeningress and egress thereto, for the purpose of
submitted by contractors for the Mooringerecting, installing, constructing,
Dolphins for Delta Queen Landing Sitereconstructing, repairing, owning, operating,
pursuant to Resolution No. 446-96 and noticeand maintaining water, sewer, drainage, gas,
to bidders published in a newspaper publishedtelephone, t.v. cable and electric lines as may
in the City of Dubuque, Iowa on the Decemberbe authorized by the City of Dubuque, Iowa.
13, 1996.Section 3. That the City Clerk be and is
Whereas, said sealed proposals werehereby authorized and directed to file said plat
opened and read on the 19th day ofand certified copy of this resolution in the
December, 1996 and it has been determinedoffice of the Recorder, in and for Dubuque
that the bid of Newt Marine Service ofCounty, Iowa.
Dubuque, Iowa in the amount of $54,668.00Passed, approved and adopted this 6th day
was the lowest bid for the furnishings of allof January, 1997.
labor and materials and performing the workTerrance M. Duggan, Mayor
as provided for in the plans and specifications.Attest: Mary A. Davis, City Clerk
NOW THEREFORE, BE IT RESOLVEDCouncil Member Voetberg moved adoption
BY THE CITY COUNCIL OF THE CITY OFof the Resolution. Seconded by Council
DUBUQUE, IOWA:Member Robbins. Motion carried 7-0.
That the contract for the above
improvement be awarded to Newt MarineRESOLUTION NO. 15-97
Service and the Manager be and is herebyRESOLUTION DISPOSING OF CITY
directed to execute a contract on behalf of theINTEREST IN LOTS 227A AND 231A OF
City of Dubuque for the complete performanceEAST DUBUQUE ADDITION IN THE CITY
of the work.OF DUBUQUE, IOWA
BE IT FURTHER RESOLVED:Whereas, Bob Walser has requested the
That upon the signing of said contract andvacating of Pine Street, from 17th Street to
the approval of the contractor's bond, the City18th Street; and
Treasurer is authorized and instructed toWhereas, Buesing and Associates of
return the bid deposits of the unsuccessfulDubuque, Iowa has prepared and submitted to
bidders.the City Council a plat showing the vacated
Passed, approved and adopted this 6th daystreet and assigned lot numbers thereto,
of January, 1997.which hereinafter shall be known and
Terrance M. Duggan, Mayordescribed as Lots 227A and 231A of East
Attest: Mary A. Davis, City ClerkDubuque Addition, in the City of Dubuque,
Council Member Voetberg moved adoptionIowa; and
of the Resolution. Seconded by CouncilWhereas, the City Council of the City of
Member Nicholson. Motion carried 7-0. Dubuque, Iowa has determined that this street
is no longer required for public use, except for
Robert Walser of Walser Movers Inc.easements for public utilities, and vacating
requesting City to vacate portion of Pineand sale of said street known as Lots 227A
Street between 17th & 18th Streets,and 231A of East Dubuque Addition in the
presented and read. Council MemberCity of Dubuque, Dubuque County, Iowa,
Voetberg moved that the communication beshould be approved.
received and filed. Seconded by CouncilNOW, THEREFORE, BE IT RESOLVED
Member Robbins. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 14-97Section 1. That the City of Dubuque
RESOLUTION APPROVING PLAT OFintends to dispose of its interest in Lots 227A
PROPOSED VACATED PINE STREETand 231A of East Dubuque Addition, in the
FROM 17TH STREET TO 18TH STREETCity of Dubuque, Iowa.
Whereas, there has been presented to theSection 2. That the conveyance of Lots
City Council of the City of Dubuque, Iowa, a227A and 231A of East Dubuque Addition in
plat dated January 5, 1997, prepared bythe City of Dubuque, Iowa to Bob Walser be
Buesing and Associates of Dubuque, Iowa,contingent upon the payment of $11,700.00,
describing the proposed vacated Pine Street,plus publication and filing fees.
from 17th Street to 18th Street; andSection 3. The City reserves unto itself a
Whereas, said plat conforms to the lawsperpetual easement including the right of
and statutes pertaining thereto.ingress and egress thereto, for the purpose of
NOW, THEREFORE, BE IT RESOLVEDerecting, installing, constructing,
BY THE CITY COUNCIL OF THE CITY OFreconstructing, repairing, owning, operating,
DUBUQUE, IOWA:and maintaining water, sewer, drainage, gas,
Section 1. That the plat dated January 5,telephone, t.v. cable and electric lines as may
1997 prepared by Buesing and Associates,be authorized by the City of Dubuque, Iowa.
relative to the real estate hereinaboveSection 4. That the City Clerk be an is
Regular Session, January 6, 1997
hereby authorized and directed to cause noticearising out of the location, installation,
of intent to dispose of said real estate to beexistence, construction or maintenance of
published in the manner as prescribed by law.awning and to pay reasonable attorney fees
Passed, approved and adopted this 6th daytherefor; and
of January, 1997.d.Indemnify, defend and hold the City of
Terrance M. Duggan, MayorDubuque free and harmless from any and
Attest: Mary A. Davis, City Clerkall claims, loss, liability and expense for
Council Member Voetberg moved adoptiondeath and/or injuries to third persons or
of the Resolution. Seconded by Councildamages to property of third persons, or for
Member Robbins. Motion carried 7-0. damage to any property of the City of
Dubuque which may occur as a result of or
City Manager recommending approval toin connection with the location, installation,
construct a canvas awning and sign within theconstruction, maintenance and repair of the
public right-of-way at 1296 Central Ave.,facility, work or improvement permitted
presented and read. Council Memberherein.
Voetberg moved that the communication beSection 4. That the permission herein
received and filed. Seconded by Councilgranted is expressly conditioned upon
Member Buol. Motion carried 7-0. permittees' further agreement that should the
right and privilege herein granted be rescinded
An Ordinance Authorizing Jonathanor revoked by the City Council, permittees, or
Routley & Canvas Products to construct antheir successors in interest, as owners of the
awning at 1296 Central Ave., presented andabutting property, shall within ten (10) days
read. after receipt of written notice from the City
Manager, so to do, at their own expense,
(OFFICIAL PUBLICATION)remove said awning and in the event of their
ORDINANCE NO. 7-97failure to do so, the City of Dubuque shall be
AN ORDINANCE AUTHORIZINGauthorized to remove said awning at
JONATHAN ROUTLEY AND CANVASpermittees' expense and dispose of the same,
PRODUCTS TO CONSTRUCT AN AWNINGand the permittee shall have no claim against
NOW, THEREFORE, BE IT ORDAINEDthe City or its agents for damages resulting
BY THE CITY COUNCIL OF THE CITY OFfrom the removal of said awning.
DUBUQUE, IOWA:Section 5. That permittees covenant and
Section 1. That Jonathan Routley as theagree that the revocable permit herein granted
owner of the premises known as 1296 Centraldoes not constitute an approval of the design,
Avenue, Dubuque, Iowa, and legally describederection, location, construction, repair or
as 1296 Central Avenue and they are herebymaintenance of said facility and said
granted the revocable permit and authority topermittees hereby covenant and agree not to
construct and maintain an awning under theassert such claim or defense against the City
terms and conditions set forth in thisof Dubuque in the event of claim asserted for
Ordinance.death, personal injuries and/or property
Section 2. That such construction shall bedamage against the permittees arising out of
done in accordance with plans heretoforeor in any way connected with the location,
submitted by permittees and approved by theinstallation, construction, design, repair and
City Manager, under the supervision andmaintenance of the facility herein permitted.
direction of the City Manager, and inSection 6. This Ordinance shall become
accordance with all applicable state andeffective and the rights hereunder accrue to
federal laws and regulations, and theJonathan Routley when this Ordinance has
Ordinances of the City of Dubuque.been adopted by the City Council and the
Section 3. That the permission hereinterms and conditions thereof accepted by
granted is expressly conditioned onpermittees by acceptance endorsed on this
permittees' agreement to:Ordinance.
a.Assume any and all liability for damages toSection 7. That the City Clerk be and she
persons or property which may result fromis authorized and directed to file at permittees'
the existence, location, installation,expense a copy of this ordinance in the Office
construction or maintenance of saidof the Recorder in and for Dubuque County,
awning; andIowa.
b.Procure and maintain in force during thePassed, approved and adopted this 6th day
term of this permit a policy of liabilityof January, 1997.
insurance as set forth in the attachedTerrance M. Duggan, Mayor
Insurance Schedule; andAttest: Mary A. Davis, City Clerk
c.Pay on behalf of the City of Dubuque, allACCEPTANCE OF ORDINANCE NO. 7-97
sums which the City of Dubuque shallThe undersigned having read and being
become obligated to pay by reason of thefamiliar with the terms and conditions of
liability imposed upon the City of DubuqueOrdinance No. 7-97, hereby, for themselves,
for damages of any kind resulting from thetheir successors or assigns, as owners of the
location, installation, existence,abutting property, accept the same and agree
construction or maintenance of said awningto be bound by the conditions and agreements
sustained by any person or persons,therein contained to be performed by
caused by accident or otherwise to defendpermittees.
at its own expense and on behalf of saidBy: /s/ Jonathan Routley
City any claim against the City of DubuqueTitle: Owner
Regular Session, January 6, 1997
Dated: 12-18-96location, installation, existence,
Published officially in the Telegraph Heraldconstruction or maintenance of said
underground electrical feed sustained by
newspaper this 13th day of January, 1997.
any person or persons, caused by accident
1t 1/13Mary A. Davis CMC, City Clerk
or otherwise to defend at its own expense
Council Member Voetberg moved that the
and on behalf of said City any claim against
requirement that a proposed Ordinance be
the City of Dubuque arising out of the
considered and voted on for passage at two
location, installation, existence,
Council Meetings prior to the meeting at which
construction or maintenance of
it is to be finally passed be suspended.
underground electrical feed and to pay
Seconded by Council Member Buol. Motion
reasonable attorney fees therefor; and
carried 7-0. Council Member Voetberg moved
d.Indemnify, defend and hold the City of
final consideration and passage of the
Dubuque free and harmless from any and
Ordinance. Seconded by Council Member
all claims, loss, liability and expense for
Buol. Motion carried 7-0.
death and/or injuries to third persons or
damages to property of third persons, or for
City Manager recommending approval to
damage to any property of the City of
run an underground electrical feed within the
Dubuque which may occur as a result of or
public right-of-way of the alley adjacent to
in connection with the location, installation,
property at 465 East 12th St., presented and
read. Council Member Voetberg moved thatconstruction, maintenance and repair of the
the communication be received and filed.facility, work or improvement permitted
Seconded by Council Member Buol. Motionherein.
carried 7-0. Section 4. That the permission herein
granted is expressly conditioned upon
An Ordinance Authorizing Superiorpermittees' further agreement that should the
Welding Supply to construct undergroundright and privilege herein granted be rescinded
electrical feed at 465 E. 12th Street, presentedor revoked by the City Council, permittees, or
and read. their successors in interest, as owners of the
abutting property, shall within ten (10) days
(OFFICIAL PUBLICATION)after receipt of written notice from the City
ORDINANCE NO. 8-97Manager, so to do, at their own expense,
remove said underground electrical feed and
AN ORDINANCE AUTHORIZING
in the event of their failure to do so, the City of
SUPERIOR WELDING SUPPLY COMPANY
Dubuque shall be authorized to remove said
TO CONSTRUCT UNDERGROUND
underground electrical feed at permittees'
ELECTRICAL FEED
expense and dispose of the same, and the
NOW, THEREFORE, BE IT ORDAINED
permittee shall have no claim against the City
BY THE CITY COUNCIL OF THE CITY OF
or its agents for damages resulting from the
DUBUQUE, IOWA:
removal of said underground electrical feed.
Section 1. That Superior Welding Supply
Section 5. That permittees covenant and
Company as the owner of the premises known
agree that the revocable permit herein granted
as 465 E. 12th Street, Dubuque, Iowa, and
does not constitute an approval of the design,
legally described as 31.2 feet of Lot 201 are
erection, location, construction, repair or
hereby granted the revocable permit and
maintenance of said facility and said
authority to construct and maintain
permittees hereby covenant and agree not to
underground electric feed under the terms and
assert such claim or defense against the City
conditions set forth in this Ordinance.
of Dubuque in the event of claim asserted for
Section 2. That such construction shall be
death, personal injuries and/or property
done in accordance with plans heretofore
damage against the permittees arising out of
submitted by permittees and approved by the
or in any way connected with the location,
City Manager, under the supervision and
installation, construction, design, repair and
direction of the City Manager, and in
maintenance of the facility herein permitted.
accordance with all applicable state and
Section 6. This Ordinance shall become
federal laws and regulations, and the
Ordinances of the City of Dubuque.effective and the rights hereunder accrue to
Section 3. That the permission hereinSuperior Welding Supply Company when this
granted is expressly conditioned onOrdinance has been adopted by the City
permittees' agreement to:Council and the terms and conditions thereof
a.Assume any and all liability for damages toaccepted by permittees by acceptance
persons or property which may result fromendorsed on this Ordinance.
the existence, location, installation,Section 7. That the City Clerk be and she
construction or maintenance of saidis authorized and directed to file at permittees'
underground electric feed; andexpense a copy of this ordinance in the Office
b.Procure and maintain in force during theof the Recorder in and for Dubuque County,
term of this permit a policy of liabilityIowa.
Passed, approved and adopted this 6th day
insurance as set forth in the attached
of January, 1997.
Insurance Schedule; and
Terrance M. Duggan, Mayor
c.Pay on behalf of the City of Dubuque, all
Attest: Mary A. Davis, City Clerk
sums which the City of Dubuque shall
ACCEPTANCE OF ORDINANCE NO. 8-97
become obligated to pay by reason of the
The undersigned having read and being
liability imposed upon the City of Dubuque
familiar with the terms and conditions of
for damages of any kind resulting from the
Regular Session, January 6, 1997
Ordinance No. 8-97, hereby, for themselves,subject to such terms and conditions as set
their successors or assigns, as owners of theforth in the lease.
abutting property, accept the same and agreeSection 3. That the City Clerk is hereby
to be bound by the conditions and agreementsdirected to give notice in the manner required
therein contained to be performed byby law of a public hearing to be held on
permittees.January 20, 1997, at 7:00 p.m. in the City
By: /s/ Robert C. VanderbiltCouncil Chambers, Carnegie-Stout Public
Title: Store ManagerLibrary, Dubuque, Iowa, at which time and
Dated: December 19, 1996place all interested parties will be given
Published officially in the Telegraph Heraldopportunity to be heard for or against the
proposal to lease the facility herein described.
newspaper this 13th day of January, 1997.
Passed, approved and adopted this 6th day
1t 1/13Mary A. Davis CMC, City Clerk
of January, 1997.
Council Member Voetberg moved that the
Terrance M. Duggan, Mayor
requirement that a proposed Ordinance be
Attest: Mary A. Davis, City Clerk
considered and voted on for passage at two
Council Member Michalski moved adoption
Council Meetings prior to the meeting at which
of the Resolution. Seconded by Council
it is to be finally passed be suspended.
Member Robbins. Motion carried 7-0.
Seconded by Council Member Buol. Motion
carried 7-0. Council Member Voetberg moved
final consideration and passage of theCorey Development, Ltd. requesting
Ordinance. Seconded by Council Membervoluntary annexation adjoining their property
Buol. Motion carried 7-0. on the Northwest Arterial, presented and read.
Council Member Buol moved that the
Rick Dickinson gave a verbal status reportcommunication be received and filed.
on progress of various City projects stressingSeconded by Council Member Krieg. Motion
that unemployment was down to 2.6% thiscarried 7-0.
year as compared to 6.5% last year. He also
introduced Dick Landis, the existing industryCity Manager recommending a public
Manager and stated appreciation for thehearing be held on January 20, 1997 to
support given to the GDDC.consider voluntary annexation as requested by
Wendell Corey, presented and read. Council
Member Buol moved that the communication
City Manager requesting public hearing be
be received and filed and set the Public
held to consider Lease Agreement with the
Hearing for 1-20-97 at 7:00 p.m. in the Public
Dubuque Youth Hockey Association,
Library Auditorium and that the City Clerk
presented and read. Council Member
publish notice in the manner prescribed by
Michalski moved that the communication be
law. Seconded by Council Member Krieg.
received and filed. Seconded by Council
Motion carried 7-0.
Member Robbins. Motion carried 7-0.
Patrick A. and Patricia M. Kennedy
RESOLUTION NO. 16-97
requesting voluntary annexation adjoining the
RESOLUTION DECLARING CITY COUNCIL
City Limits on Nightengale Lane, presented
INTENT TO LEASE A SECTION OF
and read. Council Member Krieg moved that
VETERANS' MEMORIAL PARK TO THE
the communication be received and filed.
DUBUQUE YOUTH HOCKEY
Seconded by Council Member Nicholson.
ASSOCIATION, INC., AND AUTHORIZING
Motion carried 7-0.
PUBLIC HEARING
Whereas, the City of Dubuque is the owner
City Manager recommending a public
of a public facility known as Veterans'
hearing be held on January 20, 1997 to
Memorial Park;
consider voluntary annexation as requested by
Whereas, the City of Dubuque desires to
the Kennedys, presented and read. Council
lease a section of Veterans' Memorial Park to
Member Krieg moved that the communication
the Dubuque Youth Hockey Association, Inc.;
be received and filed and set the Public
and
Whereas, the lease of a section ofHearing for 1-20-97 at 7:00 p.m. in the Public
Veterans' Memorial Park to the DubuqueLibrary Auditorium and that the City Clerk
Youth Hockey Association, Inc., is determinedpublish notice in the manner prescribed by
to be in the public interest.law. Seconded by Council Member
NOW, THEREFORE, BE IT RESOLVEDNicholson. Motion carried 7-0.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:City Manager submitting documents
Section 1. That it is the intent of the Cityproviding for construction of West Third Street
Council of the City of Dubuque, Iowa, to lease,Sanitary Sewer and Storm Sewer
after a public hearing, to the Dubuque YouthReconstruction project, presented and read.
Hockey Association, Inc., a section ofCouncil Member Voetberg moved that the
communication be received and filed.
Veterans' Memorial Park, located in the City of
Seconded by Council Member Buol. Motion
Dubuque, for the purpose of operating an ice
carried 7-0.
arena.
Section 2. That the lease, attached hereto
RESOLUTION NO. 17-97
and made a part hereof, of such property shall
PRELIMINARY APPROVAL OF
be in consideration of the sum of $1.00 per
PLANS AND SPECIFICATIONS
year, for twenty-five years, and shall be
Regular Session, January 6, 1997
NOW THEREFORE, BE IT RESOLVEDconstruction.
BY THE CITY COUNCIL OF THE CITY OFBE IT FURTHER RESOLVED, that the
DUBUQUE, IOWA:amount of the security to accompany each bid
That the proposed plans, specifications,shall be in an amount which shall conform to
form of contract and estimated cost for thethe provisions of the notice to bidders hereby
West 3rd Street Sanitary and Storm Sewerapproved as a part of the plans and
Reconstruction Project, in the estimatedspecifications heretofore adopted.
amount of $72,648.04, are hereby approvedThat the City Clerk is hereby directed to
and ordered filed in the office of the City Clerkadvertise for bids for the construction of the
for public inspection.improvements herein provided, to be published
Passed, adopted and approved this 6th dayin a newspaper having general circulation in
of January, 1997.the City of Dubuque, Iowa, which notice shall
Terrance M. Duggan, Mayornot be less than four days nor more than
Attest: Mary A. Davis, City Clerktwenty days prior to the receipt of said bids at
Council Member Voetberg moved adoption2:00 p.m. on the 23rd day of January, 1997.
of the Resolution. Seconded by CouncilBids shall be opened and read by the City
Member Buol. Carried by the following vote:Clerk at said time and will be submitted to the
Yeas—Mayor Duggan, Council MembersCouncil for final action at 7:00 p.m. on the 3rd
Buol, Krieg, Michalski, Nicholson, Robbins,day of February, 1997.
Voetberg. Nays—None. Passed, adopted and approved this 6th day
of January, 1997.
RESOLUTION NO. 18-97Terrance M. Duggan, Mayor
FIXING DATE OF HEARING ONAttest: Mary A. Davis, City Clerk
PLANS AND SPECIFICATIONSCouncil Member Voetberg moved adoption
Whereas, the City Council of the City ofof the Resolution. Seconded by Council
Dubuque, Iowa has given its preliminaryMember Buol. Carried by the following vote:
approval on the proposed plans,Yeas—Mayor Duggan, Council Members
specifications, and form of contract andBuol, Krieg, Michalski, Nicholson, Robbins,
placed same on file in the office of the CityVoetberg. Nays—None.
Clerk for public inspection of the West 3rd
Street Sanitary and Storm SewerCity Manager recommending the Fiscal
Reconstruction Project.Year 1998 Annual Action Plan for the
NOW THEREFORE, BE IT RESOLVEDCommunity Development Block Grant budget
BY THE CITY COUNCIL OF THE CITY OFbe set for public hearing on February 10,
DUBUQUE, IOWA:1997, presented and read. Council Member
That on the 3rd day of February, 1997, aVoetberg moved that the communication be
public hearing will be held at 7:00 p.m. in thereceived and filed and recommendation
Public Library Auditorium at which timeapproved. Seconded by Council Member
interested persons may appear and be heardBuol. Motion carried 7-0.
for or against the proposed plans andAt 8:15 p.m. Council Member Michalski
specifications, form of contract and cost ofmoved to go into Closed Session In
said improvement, and the City Clerk be andaccordance with Chapter 21.5 1.(j) 1995 Code
is hereby directed to cause a notice of timeof Iowa To discuss the purchase of particular
and place of such hearing to be published in areal estate where premature disclosure could
newspaper having general circulation in thebe reasonably expected to increase the price
City of Dubuque, Iowa, which notice shall bethe governmental body would have to pay for
not less than four days nor more than twentythat property. Seconded by Council Member
days prior to the day fixed for its consideration.Voetberg. Motion carried 7-0.
At the hearing, any interested person may
appear and file objections to the proposedCouncil reconvened Regular Session at
plans, specifications, contract, or estimated9:28 p.m. with Staff being given proper
cost of the improvement.direction.
Passed, adopted and approved this 6th day
of January, 1997.There being no further business, Council
Terrance M. Duggan, MayorMember Michalski moved to adjourn.
Attest: Mary A. Davis, City ClerkSeconded by Council Member Voetberg.
Council Member Voetberg moved adoptionMotion carried 7-0. The meeting adjourned at
of the Resolution. Seconded by Council9:29 p.m.
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,Mary A. Davis CMC
Voetberg. Nays—None. City Clerk
RESOLUTION NO. 19-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the West 3rd Street Sanitary and
Storm Sewer Reconstruction Project is hereby
ordered to be advertised for bids for
Regular Session, January 6, 1997
Approved , 1997
Adopted , 1997
Mayor
Council Members
Attest:
City Clerk
Regular Session, January 20, 1996
DUBUQUE
BOARD OF HEALTH
OFFICIAL
PROCEEDINGS
Regular Quarterly Meeting of Board of
Approved , 1997
Health, January 20, 1997
Board Met at 6:55 p.m., Public Library
Adopted , 1997
Auditorium
Present: Chairperson Duggan, Board
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg.
Chairperson
Chairperson Duggan read the call and
stated this is the Regular Quarterly Meeting of
the Board of Health called for the purpose to
act upon such business which may properly
come before the Board.
There was no business to come before the
Board at this time.
There being no further business, Board
Member Nicholson moved to adjourn.
Seconded by Board Member Robbins.
Board Members
Motion carried 7-0. The Board of Health
Attest:
meeting adjourned at 6:56 p.m.
Secretary, Board of Health
Mary A. Davis CMC
Secretary, Board of Health
Regular Session, January 20, 1997
for 12-2 and 12-16; List of Claims and
DUBUQUE
Summary of Revenues for month ending
November 30, 1996; Notices of filing of the
final Schedule of Assessments for East 20th
CITY COUNCIL
Street - Rhomberg Avenue Asphalt
Resurfacing Project; Construction of the 1996
P.C. Concrete Paving Project; and 1996
OFFICIAL
Sidewalk Repairs within the City, presented
PROCEEDINGS
and read. Council Member Voetberg moved
that the proofs and notices be received and
filed. Seconded by Council Member Buol.
City Council, Regular Session, January 20,
Motion carried 7-0.
1997
Council Met at 7:00 p.m., Public Library
NOTICES OF CLAIMS/SUITS — Anne
Auditorium.
Holmberg in unknown amount for personal
Present: Mayor Duggan, Council Members
injuries, Tina Kelley in amount of $1,742.67 for
Buol, Krieg, Michalski, Nicholson, Robbins,
vehicle damages; Katherine Rennison in
Voetberg, City Manager Michael Van Milligen,
estimated amount of $1,999.16 for vehicle
Corporation Counsel Barry A. Lindahl.
damages; Anne M. Woods in estimated
amount of $532.06 for vehicle damages,
Mayor Duggan read the call and stated this
presented and read. Council Member
is the Regular Session of the City Council
Voetberg moved that the claims and suits be
called for the purpose to act upon such
referred to the Legal Staff for investigation and
business which may properly come before the
report. Seconded by Council Member Buol.
City Council.
Motion carried 7-0.
Invocation was given by Rev. David Kruse,
Corporation Counsel advising following
Pastor of Faith United Methodist Church.
claims have been referred to various
insurance carriers: Personal injury of Betty A.
PROCLAMATION — Jan. 26 as “Green
Cordes; Personal injury of Joseph J. Hardine
Bay Packers’ Sunday,” read and received by
and Kathy Green (mother); Car damage of
Mayor Duggan.
Gary Rambousek, presented and read.
Council Member Voetberg moved that the
J. Michael Laski and Mark Campbell from
communications be received and filed.
the Governor’s Traffic Safety Bureau
Seconded by Council Member Buol. Motion
presented an award to the Mayor.
carried 7-0.
MINUTES SUBMITTED — Cable TV
U.S. Dept. of Agriculture requesting input
Regulatory Commission of 12-11 & 1-8; Cable
“To determine Iowa’s future, and the future of
Community Teleprogramming of 12-3 & 1-7;
our community," presented and read. Council
Electrical Code Board of 1-2; Environmental
Member Voetberg moved that the
Stewardship Commission of 1-7; Long Range
communication be received and filed.
Planning Commission of 12-18, presented and
Seconded by Council Member Buol. Motion
read. Council Member Voetberg moved that
carried 7-0.
the minutes be received and filed. Seconded
by Council Member Buol. Motion carried 7-0.
IOWA DOT advising of their intent to sell
the tract of land described as “Lot 3 of Lot 1 of
A.Y. McDonald Mfg. Company Place,”
City Manager submitting City’s quarterly
presented and read. Council Member
investment report for period ending 12-31-96,
Voetberg moved that this communication be
presented and read. Council Member
referred to the City Manager. Seconded by
Voetberg moved that the report be received
Council Member Buol. Motion carried 7-0.
and filed. Seconded by Council Member
Library Board of Trustees advising that
Buol.. Motion carried 7-0.
McGladrey and Pullen, L.L.P. has been
chosen to assist in the search for a new library
Convention and Visitors Bureau submitting
director, presented and read. Council Member
their report for past three months and the past
Voetberg moved that the communication be
six months’ program and budget for FY96-97,
received and filed. Seconded by Council
presented and read. Council Member
Member Buol. Motion carried 7-0.
Voetberg moved that the report be received
and filed. Seconded by Council Member
Mrs. Irene Jewett requesting to consider
Buol. Motion carried 7-0.
the area surrounding Middle Fork when
Substance Abuse Services Center
studying the problem of surplus deer,
submitting their Second Quarter Report for
presented and read. Council Member
FY’97, presented and read. Council Member
Voetberg moved that the communication be
Voetberg moved that the communication be
referred to the Environmental Stewardship
received and filed. Seconded by Council
Commission. Seconded by Council Member
Member Buol. Motion carried 7-0.
Buol. Motion carried 7-0.
Proofs of Publication on Council Meetings
City Manager recommending acceptance of
Regular Session, January 20, 1997
Maus Lake Pumphouse Project, presentedthe usage and concessions agreements with
and read. Council Member Voetberg movedthe Northwoods League for the McAleece
that the communication be received and filed.Park and Recreation Complex, presented and
Seconded by Council Member Buol. Motionread. Council Member Voetberg moved that
carried 7-0. the communication be received and filed and
recommendation approved.
RESOLUTION 20-97Seconded by Council Member Buol. Motion
ACCEPTING IMPROVEMENTcarried 7-0.
Whereas, the contract for the Operations
and Maintenance Department Maus LakeCity Manager recommending to enter into a
Pumphouse Project has been completed andconcession agreement with Dave Maiers
the City manager has examined the work andConcessions to operate the concession
filed his certificate stating that the same hasstands at Flora and Sutton swimming pools,
been completed according to the terms of thepresented and read. Council Member
contract, plans and specifications andVoetberg moved that the communication be
recommends it acceptance.received and filed and approved
NOW, THEREFORE, BE IT RESOLVEDrecommendation. Seconded by Council
BY THE CITY COUNCIL OF THE CITY OFMember Buol. Motion carried 7-0.
DUBUQUE, IOWA:
Section 1. That the recommendation of theCity Manager recommending that Steve
City Manager be approved and that saidUlstad Architects be selected to provide
improvement be and the same is herebyproject management for the Old Main Freeway
accepted.Frontage Improvement Project in the amount
BE IT FURTHER RESOLVED that the Cityof $42,863.00, presented and read. Council
Treasurer be and he is hereby directed to payMember Voetberg moved that the
to the contractor from the General Fund equalcommunication be received and filed.
to the amount of this contract, less anySeconded by Council Member Buol. Motion
retained percentage provided for therein.carried 7-0.
Passed, approved and adopted this 20th
day of January, 1997.RESOLUTION NO. 22-97
Terrance M. Duggan, MayorRESOLUTION CONFIRMING SELECTION
Attest: Mary A. Davis, City ClerkOF STEVE ULSTAD ARCHITECTS TO
Council Member Voetberg moved adoptionPROVIDE CONSTRUCTION
of the Resolution. Seconded by CouncilMANAGEMENT FOR THE OLD MAIN
Member Buol. Motion carried 7-0. FREEWAY FRONTAGE IMPROVEMENT
PROJECT
RESOLUTION NO. 21-97Whereas, the City of Dubuque, Iowa has
FINAL ESTIMATEreceived federal Intermodal Surface
Whereas, the contract for the OperationsTransportation Efficiency Act (ISTEA) funding
and Maintenance Department Maus Lakefrom the Iowa Department of Transportation
Pumphouse Project has been completed andunder the Statewide Enhancement Funding
the Operations and Maintenance DepartmentProgram for the Old Main Freeway Frontage
Manager has submitted his final estimateImprovement Project; and
showing the cost thereof including the cost ofWhereas, the Old Main Freeway Frontage
estimates, notices and inspections and allImprovement Project will consists of
miscellaneous costs.undergrounding overhead wires in a four block
NOW THEREFORE, BE IT RESOLVEDarea of downtown Dubuque adjoining U.S.
BY THE CITY COUNCIL OF THE CITY OFHighway 61 and affects 39 property owners;
DUBUQUE, IOWA:and
Section 1. That the cost of saidWhereas, said project furthers the goals
improvement is hereby determined to beand objectives of the Downtown Urban
$18,989.00 and the said amount shall be paidRenewal Plan; and
from the General Funds of the City ofWhereas, a request for proposal has been
Dubuque, Iowa.sent and bids received for project
Passed, approved and adopted this 20thmanagement for the Old Main Freeway
day of January, 1997.Frontage Improvement Project in accordance
Terrance M. Duggan, Mayorwith City of Dubuque Administrative Policy,
Attest: Mary A. Davis, City Clerkand the selection committee established
Council Member Voetberg moved adoptionpursuant thereto has recommended Steve
of the Resolution. Seconded by CouncilUlstad Architects be retained for project
Member Buol. Motion carried 7-0. management.
NOW, THEREFORE, BE IT RESOLVED
City Manager recommending approval of aBY THE CITY COUNCIL OF THE CITY OF
management contract for Miller-RiverviewDUBUQUE, IOWA:
Park with Pat Felderman, presented and read.Section 1.That the selection of Steve
Council Member Voetberg moved that theUlstad Architects for project management of
communication be received and filed andthe Old Main Freeway Frontage Improvement
recommendation approved. Seconded byProject is hereby approved.
Council Member Buol. Motion carried 7-0. Section 2.That the City Manager is
hereby authorized and directed to negotiate
City Manager recommending termination ofand to execute , on behalf of the City Council
Regular Session, January 20, 1997
of the City of Dubuque, Iowa, a contract withthe expansion of the above-described facility
Steve Ulstad Architects for projectare set forth in the Agreement, a copy of which
management services not to exceed $$42,863is hereto attached and by this reference made
plus normal reimbursements.a part hereof; and
Passed, approved and adopted this 20thWhereas, the activities as delineated in the
day of January, 1997.Agreement comply with the primary objectives
Terrance M. Duggan, Mayorof the Housing and Community Development
Attest: Mary A. Davis, City ClerkAct of 1974, as amended, and comply with
Council Member Voetberg moved adoptionone or more of the "National Objectives."
of the Resolution. Seconded by CouncilNOW, THEREFORE, BE IT RESOLVED
Member Buol. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
City Manager submitting the Fiscal YearSection 1. That the attached Agreement by
1996 Comprehensive Annual Financial Reportand between the City of Dubuque, Iowa and
and Audit Reports as prepared by Charlesthe Modesta Elderness Center, dba Dubuque
Bailly and Company, presented and read.Area LifeTime Center, be and the same is
Council Member Voetberg moved that thehereby approved.
communication and reports be received andSection 2. That the City Manager be and
filed. Seconded by Council Member Buol.he is hereby authorized and directed to
Motion carried 7-0. execute said Agreement for and on behalf of
the City of Dubuque, Iowa.
City Manager requesting approval of 1997Passed, approved and adopted this 20th
CIP Schedule for DRA with expenditures forday of January, 1997.
Operating Funds in amount of $455,497.00Terrance M. Duggan, Mayor
and Depreciation & Improvement Fund inAttest: Mary A. Davis, City Clerk
amount of $626,917.00, presented and read.Council Member Voetberg moved adoption
Council Member Voetberg moved that theof the Resolution. Seconded by Council
communication be received and filed andMember Buol. Motion carried 7-0.
approved request. Seconded by Council
Member Buol. Motion carried 7-0. RESOLUTION NO. 24-97
RESOLUTION ACCEPTING THE DEED TO
City Manager recommending approval forCERTAIN REAL ESTATE LOCATED IN
DRA to prepay $318,249.79 in debt from theDUBUQUE COUNTY, IOWA, FROM ELDON
Reserve Fund, presented and read. CouncilB. DIGMAN, ET AL
Member Voetberg moved that theWhereas, the City has entered into an
communication be received and filed andagreement for the purchase of the following-
recommendation approved. Seconded bydescribed property located in Dubuque
Council Member Buol. Motion carried 7-0. County, Iowa.
Lot 2, and Lot 2 of Lot 1 of Lot 1, both of
John & Doris Kivlahan submitting drawingthe Subdivision of the NE 1/4 of the SW 1/4 of
and requesting Commercial Access to HwySection 12, Township 88 North, Range 2 East
32, presented and read. Council Memberof the 5th P.M., according to the United States
Voetberg moved that the communication andGovernment Survey and the recorded plats
request be referred to the City Manager.thereof, subject to highway and easements of
Seconded by Council Member Buol. Motionrecord.
carried 7-0. and
SE 1/4 of the SW 1/4, Lot 1 of Lot 1 of Lot
City Manager recommending approval of a1 of the NE 1/4 of the SW 1/4, and Lot 1 of
contract with the Dubuque Area Life TimeLot 1 of Lot 8 of the SE 1/4, all in Section 12,
Center to provide an expansion at the SeniorTownship 88 North, Range 2 East of the 5th
Center in the amount of $235,000, presentedP.M., according to the United States
and read. Council Member Voetberg movedGovernment Survey and the recorded plats
that the communication be received and filed.thereof, subject to Highway and Easements of
Seconded by Council Member Buol. Motionrecord.
carried 7-0. from Eldon B. Digman and Wilma Digman,
William J. Klauer and Carol R. Klauer, and
RESOLUTION NO. 23-97Eugene F. Droessler a/k/a Gene F. Droessler,
RESOLUTION APPROVING ANSr. and Rita K. Droessler, Trustees; and
AGREEMENT BETWEEN THE CITY OFWhereas, all of the conditions of the
DUBUQUE AND MODESTA ELDERNESSPurchase Agreement have been met and
CENTER DBA DUBUQUE AREA LIFETIMEEldon B. Digman, et al. have delivered a
CENTER AND AUTHORIZING ANDWarranty Deed, a copy of which is attached
DIRECTING THE CITY MANAGER TOhereto, to the City of Dubuque;
EXECUTE SAID AGREEMENT ON BEHALFNOW, THEREFORE, BE IT RESOLVED
OF THE CITY OF DUBUQUE, IOWABY THE CITY COUNCIL OF THE CITY OF
Whereas, the City of Dubuque hasDUBUQUE, IOWA:
negotiated with Modesta Elderness CenterSection 1. The City of Dubuque hereby
dba Dubuque Area LifeTime Center for theaccepts the Warranty Deed from Eldon B.
expansion of a senior citizen center; andDigman, et al., a copy of which is attached
Whereas, the terms and conditions underhereto.
which Modesta Elderness Center will provideSection 2. The City Manager is hereby
Regular Session, January 20, 1997
authorized and directed to execute allLANE TO THE CITY OF DUBUQUE
documents in connection with the acceptanceWhereas, the City of Dubuque entered into
of such real estate, and the City Clerk isan Acquisition Agreement with Parvis & Ruth
hereby authorized and directed to provide aF. Mahmoud, dated December 7, 1995,
copy of this Resolution to the Dubuque Countypursuant to which Parvis & Ruth F. Mahmoud
Auditor, as required by Iowa Code agreed to convey a parts of Lot 3 of 1 and 4 of
ss 569.7.1 of Mark Heights in the City of Dubuque,
Passed, approved and adopted this 20thIowa, as shown on the Acquisition Plat
day of January, 1997.thereof; and
Terrance M. Duggan, MayorWhereas, Parvis & Ruth F. Mahmoud have
Attest: Mary A. Davis, City Clerkexecuted a conveyance of said property.
Council Member Nicholson moved adoptionNOW, THEREFORE, BE IT RESOLVED
of the Resolution. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Voetberg. Motion carried 7-0. DUBUQUE, IOWA:
Section 1.The City Council of the City of
City Manager responding to HUD regardingDubuque, Iowa, hereby approves of, accepts
expenditure of Community Development Blockand consents to the Warranty Deed from
Grant funds, presented and read. CouncilParvis & Ruth F. Mahmoud, copies of which
Member Michalski moved that theare attached hereto, as required by Iowa Code
communication be received and filed.Section 569.7.
Seconded by Council Member Voetberg.Section 2.The Mayor is hereby
Motion carried 7-0. authorized and directed to execute and
acknowledge on behalf of the City of Dubuque
City Manager recommending acceptance ofany instruments in connection herewith.
warranty deeds for twelve of the parcelsPassed, approved and adopted this 20th
needed for the Kelly Lane paving project,day of January, 1997.
presented and read. Council MemberTerrance M. Duggan, Mayor
Voetberg moved that the communication beAttest: Mary A. Davis, City Clerk
received and filed. Seconded by CouncilCouncil Member Voetberg moved adoption
Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 25-97
A RESOLUTION ACCEPTING ARESOLUTION NO. 27- 97
CONVEYANCE OF PROPERTY ON KELLYA RESOLUTION ACCEPTING A
LANE TO THE CITY OF DUBUQUECONVEYANCE OF PROPERTY ON KELLY
Whereas, the City of Dubuque entered intoLANE TO THE CITY OF DUBUQUE
an Acquisition Agreement with GailWhereas, the City of Dubuque entered into
Chavenelle & William A. Dicken, dated Julyan Acquisition Agreement with David B. &
23, 1996, pursuant to which Gail ChavenellePhyllis A. Czarnecki, dated June 4, 1996,
& William A. Dicken agreed to convey a part ofpursuant to which David B. & Phyllis A.
Lot 1 of 10 and Lot 2 of 10 of Block 1 ofCzarnecki agreed to convey a part of Lot 1 of
Henschel’s Highlands Subdivision in the City1 of Mark Heights in the City of Dubuque,
of Dubuque, Iowa, as shown on theIowa, as shown on the Acquisition Plat
Acquisition Plat thereof; andthereof; and
Whereas, Gail Chavenelle & William A.Whereas, David B. & Phyllis A. Czarnecki
Dicken have executed a conveyance of saidhave executed a conveyance of said property.
property.NOW, THEREFORE, BE IT RESOLVED
NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA:Section 1.The City Council of the City of
Section 1.The City Council of the City ofDubuque, Iowa, hereby approves of, accepts
Dubuque, Iowa, hereby approves of, acceptsand consents to the Warranty Deed from
and consents to the Warranty Deed from GailDavid B. & Phyllis A. Czarnecki, copies of
Chavenelle & William A. Dicken, copies ofwhich are attached hereto, as required by Iowa
which are attached hereto, as required by IowaCode Section 569.7.
Code Section 569.7.Section 2.The Mayor is hereby
Section 2.The Mayor is herebyauthorized and directed to execute and
authorized and directed to execute andacknowledge on behalf of the City of Dubuque
acknowledge on behalf of the City of Dubuqueany instruments in connection herewith.
any instruments in connection herewith.Passed, approved and adopted this 20th
Passed, approved and adopted this 20thday of January, 1997.
day of January, 1997.Terrance M. Duggan, Mayor
Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk
Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved adoption
Council Member Voetberg moved adoptionof the Resolution. Seconded by Council
of the Resolution. Seconded by CouncilMember Buol. Motion carried 7-0.
Member Buol. Motion carried 7-0.
RESOLUTION NO. 28- 97
RESOLUTION NO. 26- 97A RESOLUTION ACCEPTING A
A RESOLUTION ACCEPTING ACONVEYANCE OF PROPERTY ON KELLY
CONVEYANCE OF PROPERTY ON KELLYLANE TO THE CITY OF DUBUQUE
Regular Session, January 20, 1997
Whereas, the City of Dubuque entered intoWhereas, the City of Dubuque entered into
an Acquisition Agreement with Clement J., Sr.an Acquisition Agreement with Thomas C. &
& Linda K. Davis, dated April 4, 1996,M. Imelda Hoffman, dated May 29, 1996,
pursuant to which Clement J., Sr. & Linda K.pursuant to which Thomas C. & M. Imelda
Davis agreed to convey a part of Lot 2 ofHoffman agreed to convey a Lot 2-2-1-1-1-1 of
Smother’s Place in the City of Dubuque, Iowa,Mineral Lot 511 and part of Lot 1-2-1-1-1-1 of
as shown on the Acquisition Plat thereof; andMineral Lot 511 in the City of Dubuque, Iowa,
Whereas, Clement J., Sr. & Linda K. Davisas shown on the Acquisition Plat thereof; and
have executed a conveyance of said property.Whereas, Thomas C. & M. Imelda Hoffman
NOW, THEREFORE, BE IT RESOLVEDhave executed a conveyance of said property.
BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF
Section 1.The City Council of the City ofDUBUQUE, IOWA:
Dubuque, Iowa, hereby approves of, acceptsSection 1.The City Council of the City of
and consents to the Warranty Deed fromDubuque, Iowa, hereby approves of, accepts
Clement J., Sr. & Linda K. Davis, copies ofand consents to the Warranty Deed and Quit
which are attached hereto, as required by IowaClaim Deed from Thomas C. & M. Imelda
Code Section 569.7.Hoffman, copies of which are attached hereto,
Section 2.The Mayor is herebyas required by Iowa Code Section 569.7.
authorized and directed to execute andSection 2.The Mayor is hereby
acknowledge on behalf of the City of Dubuqueauthorized and directed to execute and
any instruments in connection herewith.acknowledge on behalf of the City of Dubuque
Passed, approved and adopted this 20thany instruments in connection herewith.
day of January, 1997.Passed, approved and adopted this 20th
Terrance M. Duggan, Mayorday of January, 1997.
Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Voetberg moved adoptionAttest: Mary A. Davis, City Clerk
of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption
Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 29-97
A RESOLUTION ACCEPTING ARESOLUTION NO. 31-97
CONVEYANCE OF PROPERTY ON KELLYA RESOLUTION ACCEPTING A
LANE TO THE CITY OF DUBUQUECONVEYANCE OF PROPERTY ON KELLY
Whereas, the City of Dubuque entered intoLANE TO THE CITY OF DUBUQUE
an Acquisition Agreement with Jeffrey A.Whereas, the City of Dubuque entered into
Walker & Jane C. Hohnecker-Walker, datedan Acquisition Agreement with Michael A. &
July 16, 1996, pursuant to which Jeffrey A.Phyllis M. Kelley, dated May 7, 1996, pursuant
Walker & Jane C. Hohnecker-Walker agreedto which Michael A. & Phyllis M. Kelley agreed
to convey a Lot 1-2-2-1-1-1 of Mineral Lot 511to convey a part of Lot 1-1-1-1-1 of Mineral Lot
and part of Lot 1-2-1-1 of Mineral Lot 511 in511 in the City of Dubuque, Iowa, as shown
the City of Dubuque, Iowa, as shown on theon the Acquisition Plat thereof; and
Acquisition Plat thereof; andWhereas, Michael A. & Phyllis M. Kelley
Whereas, Jeffrey A. Walker & Jane C.have executed a conveyance of said property.
Hohnecker-Walker have executed aNOW, THEREFORE, BE IT RESOLVED
conveyance of said property.BY THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OFSection 1.The City Council of the City of
DUBUQUE, IOWA:Dubuque, Iowa, hereby approves of, accepts
Section 1.The City Council of the City ofand consents to the Warranty Deed from
Dubuque, Iowa, hereby approves of, acceptsMichael A. & Phyllis M. Kelley, copies of which
and consents to the Warranty Deed fromare attached hereto, as required by Iowa Code
Jeffrey A. Walker & Jane C. Hohnecker-Section 569.7.
Walker, copies of which are attached hereto,Section 2.The Mayor is hereby
as required by Iowa Code Section 569.7.authorized and directed to execute and
Section 2.The Mayor is herebyacknowledge on behalf of the City of Dubuque
authorized and directed to execute andany instruments in connection herewith.
acknowledge on behalf of the City of DubuquePassed, approved and adopted this 20th
any instruments in connection herewith.day of January, 1997.
Passed, approved and adopted this 20thTerrance M. Duggan, Mayor
day of January, 1997.Attest: Mary A. Davis, City Clerk
Terrance M. Duggan, MayorCouncil Member Voetberg moved adoption
Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council
Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0.
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0. RESOLUTION NO. 32-97
A RESOLUTION ACCEPTING A
RESOLUTION NO. 30-97CONVEYANCE OF PROPERTY ON KELLY
A RESOLUTION ACCEPTING ALANE TO THE CITY OF DUBUQUE
CONVEYANCE OF PROPERTY ON KELLYWhereas, the City of Dubuque entered into
LANE TO THE CITY OF DUBUQUEan Acquisition Agreement with Homer S.
Regular Session, January 20, 1997
Dahlman, Jr., dated February 20, 1996,Dubuque, Iowa, as shown on the Acquisition
pursuant to which Homer S. Dahlman, Jr.Plat thereof; and
agreed to convey a part of Lot 1-2-1 of MineralWhereas, Gary W. & Karen M. Newt have
Lot 511 in the City of Dubuque, Iowa, asexecuted a conveyance of said property.
shown on the Acquisition Plat thereof; andNOW, THEREFORE, BE IT RESOLVED
Whereas, Homer S. Dahlman, Jr. haveBY THE CITY COUNCIL OF THE CITY OF
executed a conveyance of said property.DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVEDSection 1.The City Council of the City of
BY THE CITY COUNCIL OF THE CITY OFDubuque, Iowa, hereby approves of, accepts
DUBUQUE, IOWA:and consents to the Warranty Deed from Gary
Section 1.The City Council of the City ofW. & Karen M. Newt, copies of which are
Dubuque, Iowa, hereby approves of, acceptsattached hereto, as required by Iowa Code
and consents to the Warranty Deed fromSection 569.7.
Homer S. Dahlman, Jr., copies of which areSection 2.The Mayor is hereby
attached hereto, as required by Iowa Codeauthorized and directed to execute and
Section 569.7.acknowledge on behalf of the City of Dubuque
Section 2.The Mayor is herebyany instruments in connection herewith.
authorized and directed to execute andPassed, approved and adopted this 20th
acknowledge on behalf of the City of Dubuqueday of January, 1997.
any instruments in connection herewith.Terrance M. Duggan, Mayor
Passed, approved and adopted this 20thAttest: Mary A. Davis, City Clerk
day of January, 1997.Council Member Voetberg moved adoption
Terrance M. Duggan, Mayorof the Resolution. Seconded by Council
Attest: Mary A. Davis, City ClerkMember Buol. Motion carried 7-0.
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0. RESOLUTION NO. 35-97
A RESOLUTION ACCEPTING A
RESOLUTION NO. 33-97CONVEYANCE OF PROPERTY ON KELLY
A RESOLUTION ACCEPTING ALANE TO THE CITY OF DUBUQUE
CONVEYANCE OF PROPERTY ON KELLYWhereas, the City of Dubuque entered into
LANE TO THE CITY OF DUBUQUEan Acquisition Agreement with Richard H. &
Whereas, the City of Dubuque entered intoMary Lou Valentine, dated July 25, 1996,
an Acquisition Agreement with Douglas M.pursuant to which Richard H. & Mary Lou
Oberfoell, dated June 3, 1996, pursuant toValentine agreed to convey a part of Lot 8 of
which Douglas M. Oberfoell agreed to conveyPeg-O Mesa in the City of Dubuque, Iowa, as
a part of Lot 9 of Peg-O Mesa in the City ofshown on the Acquisition Plat thereof; and
Dubuque, Iowa, as shown on the AcquisitionWhereas, Richard H. & Mary Lou Valentine
Plat thereof; andhave executed a conveyance of said property.
Whereas, Douglas M. Oberfoell haveNOW, THEREFORE, BE IT RESOLVED
executed a conveyance of said property.BY THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OFSection 1.The City Council of the City of
DUBUQUE, IOWA:Dubuque, Iowa, hereby approves of, accepts
Section 1.The City Council of the City ofand consents to the Warranty Deed from
Dubuque, Iowa, hereby approves of, acceptsRichard H. & Mary Lou Valentine, copies of
and consents to the Warranty Deed fromwhich are attached hereto, as required by Iowa
Douglas M. Oberfoell, copies of which areCode Section 569.7.
attached hereto, as required by Iowa CodeSection 2.The Mayor is hereby
Section 569.7.authorized and directed to execute and
Section 2.The Mayor is herebyacknowledge on behalf of the City of Dubuque
authorized and directed to execute andany instruments in connection herewith.
acknowledge on behalf of the City of DubuquePassed, approved and adopted this 20th
any instruments in connection herewith.day of January, 1997.
Passed, approved and adopted this 20thTerrance M. Duggan, Mayor
day of January, 1997.Attest: Mary A. Davis, City Clerk
Terrance M. Duggan, MayorCouncil Member Voetberg moved adoption
Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council
Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0.
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0. RESOLUTION NO. 36-97
A RESOLUTION ACCEPTING A
RESOLUTION NO. 34-97CONVEYANCE OF PROPERTY ON KELLY
A RESOLUTION ACCEPTING ALANE TO THE CITY OF DUBUQUE
CONVEYANCE OF PROPERTY ON KELLYWhereas, the City of Dubuque entered into
LANE TO THE CITY OF DUBUQUEan Acquisition Agreement with James L.
Whereas, the City of Dubuque entered intoBeining, dated June 17, 1996, pursuant to
an Acquisition Agreement with Gary W. &which James L. Beining agreed to convey a
Karen M. Newt, dated July 25, 1996, pursuantpart of Lot 1 of Papke Place in the City of
to which Gary W. & Karen M. Newt agreed toDubuque, Iowa, as shown on the Acquisition
convey a part of Mineral Lot 508 in the City ofPlat thereof; and
Regular Session, January 20, 1997
Whereas, James L. Beining have executedMember Buol. Motion carried 7-0.
a conveyance of said property.
NOW, THEREFORE, BE IT RESOLVEDRESOLUTION NO. 39-97
BY THE CITY COUNCIL OF THE CITY OFWhereas, applications for Liquor Licenses
DUBUQUE, IOWA:have been submitted to this Council for
Section 1.The City Council of the City ofapproval and the same have been examined
Dubuque, Iowa, hereby approves of, acceptsand approved; and
and consents to the Warranty Deed from Whereas, the premises to be occupied by
James L. Beining, copies of which aresuch applicants were inspected and found to
attached hereto, as required by Iowa Codecomply with the State Laws and all City
Section 569.7.Ordinances relevant thereto and they have
Section 2.The Mayor is herebyfiled proper bonds.
authorized and directed to execute andNOW, THEREFORE, BE IT RESOLVED
acknowledge on behalf of the City of DubuqueBY THE CITY COUNCIL OF THE CITY OF
any instruments in connection herewith.DUBUQUE, IOWA:
Passed, approved and adopted this 20thThat the Manager be authorized to cause to
day of January, 1997.be issued the following named applicants
Terrance M. Duggan, Mayora Liquor License.
Attest: Mary A. Davis, City ClerkCLASS "C" (COMMERCIAL)
Council Member Voetberg moved adoptionBEER & LIQUOR LICENSE
of the Resolution. Seconded by CouncilPusateri Enterp. Inc.Pusateri’s
Member Buol. Motion carried 7-0. +(Sunday Sales)2400 Central Ave
Dennis J. ZirkelbachZirk’s
RESOLUTION NO. 37-971689 Elm St
NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 20th
BY THE CITY COUNCIL OF THE CITY OFday of January, 1997.
DUBUQUE, IOWA:Terrance M. Duggan, Mayor
That the following having complied with theAttest: Mary A. Davis, City Clerk
provisions of law relating to the saleCouncil Member Voetberg moved adoption
of Cigarettes within the City of Dubuque, Iowa,of the Resolution. Seconded by Council
be granted a permit to sell Cigarettes andMember Buol. Motion carried 7-0.
Cigarette Papers within said City.
BOARDS AND COMMISSIONS:
The following applicants were invited to
Dennis ZirkelbachZirk’saddress the Council to state their desire to
1689 Elm Stserve on following Board/Commission.
Bikers R UsJuanita Brown
1814 Central AveHUMAN RIGHTS COMMISSION:
Passed, approved and adopted this 20thApplicants: Evelyn Jackson, Joseph
day of January, 1997.Hopkins and Linda Smith. Evelyn Jackson,
Terrance M. Duggan, MayorJoseph Hopkins and Linda Smith all spoke.
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoptionHOUSING CODE APPEALS BOARD:
of the Resolution. Seconded by CouncilAppointments - Applicants: David Althaus
Member Buol. Motion carried 7-0. and Boniface Arthofer. Council Member
Michalski moved that David Althaus be
RESOLUTION NO. 38-97reappointed and Boniface Arthofer be
Whereas, applications for Beer Permitsappointed to three year terms which will expire
have been submitted and filed to this CouncilJanuary 11, 2000. Seconded by Council
for approval and the same have beenMember Buol. Motion carried 7-0.
examined and approved; and
Whereas, the premises to be occupied byOPERATION: NEW VIEW : Two Council
such applicants were inspected and found toMembers (Currently Joe Robbins and Dan
comply with the Ordinances of this City andNicholson with David Harris as designee for
have filed proper bonds.Mike Van Milligen). Council Member Krieg
NOW, THEREFORE, BE IT RESOLVEDmoved that it be resolved that Council
BY THE CITY COUNCIL OF THE CITY OFMembers Joe Robbins and Dan Nicholson be
DUBUQUE, IOWA:reappointed with David Harris as the designee.
That the Manager be authorized to cause toSeconded by Council Member Michalski.
be issued the following named applicants aMotion carried 7-0.
Beer Permit.
CLASS “C” BEER PERMITBruce Wentworth and Ron Herrig of the
George E. Waddell Jr.Dubuque Racing Assn. (DRA) presented a
Iowa Potato & Produce+Sunday Sales)check to the City in the amount of $2,430,000,
2600 Dodge Strepresenting 50% of the profits from the first
Passed, approved and adopted this 20thyear.
day of January, 1997.
Terrance M. Duggan, MayorCouncil Member Voetberg moved to
Attest: Mary A Davis, City Clerksuspend the rules to allow anyone present to
Council Member Voetberg moved adoptionaddress the Council. Seconded by Council
of the Resolution. Seconded by CouncilMember Nicholson. Motion carried 7-0.
Regular Session, January 20, 1997
KELLY LANE RECONSTRUCTIONBY THE CITY COUNCIL OF THE CITY OF
PROJECT - Deferred from CouncilDUBUQUE, IOWA:
Meeting held on November 18, 1996.That the proposed Resolution of Necessity
Council Member Krieg moved to removedescribed above is hereby:
this item from the table. Seconded by CouncilAdopted as amended by the Schedule of
Member Buol. Motion carried 7-0. Assessments attached hereto as Exhibit A,
Council Member Krieg moved to withdrawand made a part hereof by reference. All
the motion presently on the floor. Secondedobjections filed or made having been duly
by Council Member Buol. Motion carried 7-0.considered are overruled.
Passed, adopted and approved this 20th
Communication of Gerald Guy of 1540day of January, 1997
Pego Court submitting comments andTerrance M. Duggan, Mayor
concerns regarding proposed improvementAttest: Mary A. Davis, City Clerk
and response/alternatives to concernsCouncil Member Nicholson moved adoption
expressed by citizens at the November 18thof the Resolution, as amended: to assess the
meeting regarding Kelly Lane Reconstructionproject as an Arterial Street, construct
Project, presented and read. Council Membersidewalks on both sides of the street, allow
Nicholson moved that the communications beparking on one side, no passing for the entire
received and filed. Seconded by Councillength of the street, and that traffic speeds not
Member Voetberg. Motion carried 7-0. be increased.. Seconded by Council Member
Voetberg. Motion carried 7-0.
Gerald Guy, 1540 Pego Ct., Gerald Burger,
Jeff VanZile, Ed Cosgrove, and Doug CheeverRESOLUTION NO. 42-97
all spoke to this matter, stressing promotion ofORDERING BIDS
safety aspects of the proposed project andNOW THEREFORE, BE IT RESOLVED
alternative methods of funding.BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 40-97That the Kelly Lane Reconstruction Project
RESOLUTION ADOPTING PLANSis hereby ordered to be advertised for bids for
AND SPECIFICATIONSconstruction.
Whereas, on the 18th day of November,BE IT FURTHER RESOLVED, that the
1996, plans, specifications, form of contractamount of the security to accompany each bid
and estimated cost were filed with the Cityshall be in an amount which shall conform to
Clerk of Dubuque, Iowa for the Kelly Lanethe provisions of the notice to bidders hereby
Reconstruction Project.approved as a part of the plans and
Whereas, notice of hearing on plans,specifications heretofore adopted.
specifications, form of contract, and estimatedThat the City Clerk is hereby directed to
cost was published as required by law.advertise for bids for the construction of the
NOW THEREFORE, BE IT RESOLVEDimprovements herein provided, to be published
BY THE CITY COUNCIL OF THE CITY OFin a newspaper having general circulation in
DUBUQUE, IOWA:the City of Dubuque, Iowa, which notice shall
That the said plans, specifications, form ofnot be less than four days nor more than
contract and estimated cost are herebytwenty days prior to the receipt of said bids at
approved as the plans, specifications, form of2:00 p.m. on the 4th day of February, 1997.
contract and estimated cost for saidBids shall be opened and read by the City
improvements for said project.Clerk at said time and will be submitted to the
Passed, adopted and approved this 20thCouncil for final action at 7:00 p.m. on the
day of January, 1997.17th day of February, 1997.
Terrance M. Duggan, MayorPassed, adopted and approved this 20th
Attest: Mary A. Davis, City Clerkday of January, 1997.
Council Member Nicholson moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk
Member Voetberg. Motion carried 7-0. Council Member Nicholson moved adoption
of the Resolution. Seconded by Council
RESOLUTION NO. 41-97Member Voetberg. Motion carried 7-0.
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OFProof of publication certified to by the
NECESSITY PROPOSED FOR THE KELLYPublisher on Notice of Public Hearing to
LANE RECONSTRUCTION PROJECTconsider annexing property located north of
Whereas, the City Council has proposed aAsbury Road and west of the Northwest
Resolution of Necessity for the Kelly LaneArterial as requested by Wendell Corey and
Reconstruction Project, has given notice of theCity Manager recommending annexation
public hearing thereon as required by law; andapproval, and a Resolution Approving certain
Whereas, the public hearing has been held,property to the City of Dubuque which is
all persons offering objections have beenlegally described as “Lot 2 of Lot 2 of Mineral
heard and consideration given to all objectionsLot 459; the southeast quarter of the northeast
and is pending before this Council; andquarter of Section 17, T89N, R2E; and the
Whereas, this is the time and place set assouthwest quarter of the northeast quart of
provided for the taking of action on theSection 17, T89N, R2E in Dubuque County,
proposed Resolution of Necessity.Iowa”, presented and read. Council Member
NOW THEREFORE, BE IT RESOLVEDVoetberg moved that this matter be tabled to
Regular Session, January 20, 1997
the Council Meeting of 2-3-97. Seconded bymoved that the proof and communication be
Council Member Nicholson. Motion carried 7-received and filed. Seconded by Council
0. Member Robbins. Motion carried 7-0.
Proof of publication certified to by theGreg Cigrand of 1865 Admiral, and Chris
Publisher on Notice of Public Hearing toWand and Ron Bahlmer of IIW spoke.
consider annexing property located south of
Nightengale Lane as requested by Patrick &RESOLUTION NO. 44-97
Patricia Kennedy and City ManagerRESOLUTION APPROVING LEASE OF A
recommending annexation approval,SECTION OF VETERANS’ MEMORIAL
presented and read. Council Member KriegPARK TO THE DUBUQUE YOUTH
moved that the proof and communication beHOCKEY ASSOCIATION, INC.
received and filed. Seconded by CouncilWhereas, published notice of date, time
Member Nicholson. Motion carried 7-0. and place of a public hearing, published in the
Telegraph Herald, a newspaper of general
RESOLUTION NO. 43-97
circulation published in the City of Dubuque,
RESOLUTION ANNEXING CERTAIN
Iowa, on the 10th day of January, 1997, the
PROPERTY TO THE CITY OF DUBUQUE,
City Council of the City of Dubuque, Iowa, met
IOWA
on the 20th day of January, 1997, at 7:00 p.m.
Whereas, Patrick A. and Patricia M.in the Public Library Auditorium, Eleventh and
Kennedy, as owners of approximately 3.426Locust Streets, Dubuque, Iowa to consider the
acres of property lying outside the corporatelease of certain real property as set forth in the
limits of the city of Dubuque, Iowa, haveLease Agreement between the City of
voluntarily petitioned for annexation of saidDubuque and the Dubuque Youth Hockey
territory to the City of Dubuque, as shown inAssociation, Inc., a copy of which is attached
Exhibit 1; andhereto and incorporated herein by reference;
Whereas, Chapter 368 of the Code of Iowaand
authorizes the extension of city limits inWhereas, the City Council of the City of
situations of this character by the adoption ofDubuque, Iowa, overruled any and all
a resolution after notification as required byobjections, oral or written, to the lease
State regulations; andagreement;
Whereas, the future growth and
NOW THEREFORE, BE IT RESOLVED
development of the city of Dubuque, Iowa
BY THE CITY COUNCIL OF THE CITY OF
make it desirable that said property be made a
DUBUQUE, IOWA:
part of the city of Dubuque, Iowa.
Section 1. The Lease Agreement between
NOW THEREFORE, BE IT RESOLVED
the City of Dubuque and the Dubuque Youth
BY THE CITY COUNCIL OF THE CITY OF
Hockey Association, Inc., a copy of which is
DUBUQUE, IOWA:
attached hereto, is hereby approved.
Section 1. That the territorial limits of the
Section 2. The Mayor is authorized and
city of Dubuque, Iowa be, and they are hereby
directed to execute the Lease Agreement on
extended, to include the property legally
behalf of the City of Dubuque.
described as Lot 1, Lot 2 and Lot A Cedar
Passed, approved and adopted this 20th
Ridge Acres No. 2, in the Northwest Quarter
day of January, 1997.
of Section 34, Township 89 North, Range 2 of
Terrance M. Duggan, Mayor
the Fifth Principal Meridian in Dubuque
Attest: Mary A. Davis, City Clerk
County, Iowa.
Council Member Buol moved adoption of
Section 2.That the territory hereby
the Resolution. Seconded by Council Member
annexed shall become a part of the First
Robbins. Motion carried 7-0.
Ward, Third Precinct of the city of Dubuque,
Iowa.
Proof of publication certified to by the
Section 3.That the City Clerk shall file
Publisher on Notice of Public Hearing to
this resolution, all Exhibits and the petition for
consider disposing of City’s Interest in Lots
voluntary annexation with the Secretary of
227A and 231A of East Dubuque Addition in
State and the Dubuque County Recorder.the City of Dubuque and City Manager
Passed, approved and adopted this 20threcommending to vacate said property and sell
day of January, 1997.to Robert Walser, presented and read.
Terrance M. Duggan, MayorCouncil Member Voetberg moved that the
Attest: Mary A. Davis, City Clerkproof and communication be received and
Council Member Krieg moved that thefiled. Seconded by Council Member
adoption of the Resolution. Seconded byMichalski. Motion carried 7-0.
Council Member Nicholson. Motion carried 7-
0. An Ordinance Vacating Pine Street from
17th Street to 18th Street, presented and read.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider a Lease Agreement with the
(OFFICIAL PUBLICATION)
Dubuque Youth Hockey Association to lease
ORDINANCE NO. 9-97
a portion of Veteran’s Memorial Park for
ORDINANCE VACATING PINE STREET
construction of an ice arena and City Manager
FROM 17TH STREET TO 18TH STREET
recommending approval of Lease Agreement,
Whereas, Robert J. Walser has requested
presented and read. Council Member Buol
the vacating of Pine Street from 17th Street to
Regular Session, January 20, 1997
18th Street; andof the City of Dubuque, Dubuque County,
Whereas, Buesing and Associates ofIowa in real property described as Lots 227A
Dubuque has prepared and submitted to theand 231A of East Dubuque Addition in the
City Council a plat showing the vacatedCity of Dubuque, Iowa to Robert J. Walser be
portion of Pine Street and assigned lotand the same is hereby approved for the sum
numbers thereto, which hereinafter shall beof $11,700.00 plus cost of publication, platting
known and described as Lots 227A and 231Aand filing fees; conveyance shall be by Quit
of East Dubuque Addition in the City ofClaim Deed.
Dubuque, Dubuque County, Iowa; andSection 2. That the Mayor be authorized
Whereas, the City Council of the City ofand directed to execute a Quit Claim Deed,
Dubuque, Iowa has determined that Pineand the City Clerk be and is hereby authorized
Street from 17th Street to 18th Street is noand directed to deliver said deed of
longer required for public use, except for utilityconveyance to the above named grantees
easements as noted, and vacating of saidupon receipt of the purchase price in full.
portions of Pine Street known as Lots 227ASection 3. That the City Clerk be and is
and 231A of East Dubuque Addition in thehereby authorized and directed to record a
City of Dubuque, Dubuque County, Iowacertified copy of this resolution in the office of
should be approved.the City Assessor, Dubuque County Recorder
NOW, THEREFORE, BE IT ORDAINEDand the Dubuque County Auditor.
BY THE CITY COUNCIL OF THE CITY OFPassed, approved and adopted this 20th
DUBUQUE, IOWA:day of January, 1997.
That the real estate described as Lots 227ATerrance M. Duggan, Mayor
and 231A of East Dubuque Addition in theAttest; Mary A. Davis, City Clerk
City of Dubuque, Iowa, be and the same is Council Member Voetberg moved
hereby vacated.adoption, as amended. Seconded by Council
Passed, approved and adopted this 20thMember Michalski. Motion carried 7-0.
day of January, 1997.
Terrance M. Duggan, MayorCity Manager advising of DRA’s 1996
Attest: Mary A. Davis, City ClerkDistribution of Funds, presented and read.
Published officially in the Telegraph HeraldCouncil Member Nicholson moved that the
newspaper this 14th day of January, 1997.communication be received and filed and
accepted the check in the amount of
1t 1/14Mary A. Davis CMC, City Clerk
$2,430,000.00. Seconded by Council
Council Member Voetberg moved that the
Member Robbins. Motion carried 7-0.
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Member Krieg left the Chambers at
Council Meetings prior to the meeting at which
9:19 p.m.
it is to be finally passed be suspended.
Seconded by Council Member Michalski.
City Manager requesting Council direction
Motion carried 7-0. Council Member Voetberg
regarding bidding for the 1999 Iowa League of
moved final consideration and passage of the
Cities Conference, presented and read.
Ordinance, as amended to remove Section 2.
Council Member Nicholson moved that they be
Seconded by Council Member Michalski.
resolved to proceed and approve the
Motion carried 7-0.
application. Seconded by Council Member
Voetberg. Motion carried 6-0.
RESOLUTION NO. 45-97
Whereas, pursuant to resolution and
City Manager recommending approval of
published notice of time and place of hearing,
the Child Care Task Force to grant award of
published in the Telegraph Herald, a
$100,000 of Community Development Block
newspaper of general circulation published in
Grant funds for the establishment of a child
the City of Dubuque, Iowa on the 10th day of
care facility in the downtown area, presented
January, 1997, the City Council of the City of
and read. Council Member Voetberg moved
Dubuque, Iowa met on the 20th day of
that the communication be received and filed
January, 1997 at 7:00 p.m. in the Public
Library Auditorium, 11th and Locust,and recommendation approved. Seconded by
Dubuque, Dubuque County, Iowa to considerCouncil Member Nicholson. Motion carried 6-
the proposal for the sale of real estate0.
described as:
Lots 227A and 231A of East DubuqueCouncil Member Nicholson left the
Addition in the City of Dubuque, DubuqueChambers.
County, Iowa
Whereas, the City Council of the City ofCity Manager recommending submittal of
Dubuque, Iowa overruled any and allan application to the State of Iowa to be
objections, oral or written, to the proposal todesignated an “Innovation Zone,” presented
dispose of interest of the City of Dubuque,and read. Council Member Voetberg moved
that the communication be received and filed
Iowa, except for easements as noted, in the
and adopted recommendation to submit
hereinabove described real estate to the
application to the State of Iowa. Seconded by
Dubuque Bank and Trust Company.
Council Member Buol. Motion carried 5-0.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Council Member Nicholson returned to the
DUBUQUE, IOWA:
Chambers.
Section 1. That the disposal of the interest
Regular Session, January 20, 1997
City Manager requesting direction oncarried 6-0.
“Meeting and Training Budget”, presented and
read. Council Member Voetberg moved thatAn Ordinance Amending Zoning
they approve the funding to attendOrdinance by adopting a new Section 4-4.8 in
“Professional Conference” and traininglieu thereof pertaining to Required Procedures
sessions. Seconded by Council Memberfor Site Plan Review, presented and read.
Buol. Carried by the following vote:Council Member Voetberg moved that the
Yeas—Council Members Buol, Michalski,requirement that a proposed Ordinance be
Nicholson, Voetberg. Nays—Mayor Duggan,considered and voted on for passage at two
Council Member Robbins. Absent—CouncilCouncil Meetings prior to the meeting at which
Member Krieg.it is to be finally passed be suspended.
Seconded by Council Member Buol. Motion
City Manager presented the FY’98 Budget.carried 6-0. Council Member Voetberg moved
that a Public Hearing be held on the proposed
City Manager submitting the NorthwestOrdinance on the 3rd day of February, 1997 at
Arterial Land Use and Access Study and7:00 p.m. in the Public Library Auditorium and
recommending a public hearing be set forthat the City Clerk publish notice in the
February 3, 1997, presented and read.manner prescribed by law. Seconded by
Council Member Voetberg moved that theCouncil Member Buol. Motion carried 6-0.
communication be received and filed and set
Hearing for 2-3-97 at 7:00 p.m. in the PublicZoning Advisory Commission advising of
Library Auditorium and that the City Clerktheir approval to amend Windsor Park ID
publish notice in the manner prescribed byDistrict to add sale of alcoholic beverages as
law. Seconded by Council Memberrequested by Helen and Craig Spielman,
Nicholson. Motion carried 6-0. presented and read. Council Member
Voetberg moved that the communication be
John & Doris Kivlahan submitting theirreceived and filed. Seconded by Council
concerns and comments regarding need forMember Robbins. Motion carried 6-0.
access to Northwest Arterial to and from their
property, presented and read. CouncilAn Ordinance Providing for the amendment
Member Voetberg moved that theof Ordinance No. 70-91, which adopted
communication be received and filed.regulations for the Windsor Park Institutional
Seconded by Council Member Nicholson.District, presented and read. Council Member
Motion carried 6-0. Voetberg moved that the requirement that a
proposed Ordinance be considered and voted
Zoning Advisory Commission advising ofon for passage at two Council Meetings prior
their approval to rezone property at 120 Bryantto the meeting at which it is to be finally
Street from R-2 to OR as requested by Jerrypassed be suspended. Seconded by Council
Holt, presented and read. Council MemberMember Robbins. Motion carried 6-0.
Voetberg moved that the communication beCouncil Member Voetberg moved that a Public
received and filed. Seconded by CouncilHearing be held on the proposed Ordinance
Member Nicholson. Motion carried 6-0. on the 17th day of February, 1997 at 7:00 p.m.
in the Public Library Auditorium and that the
An Ordinance Amending Zoning Map byCity Clerk publish notice in the manner
reclassifying property at 120 Bryant Streetprescribed by law. Seconded by Council
from R-2 Two-Family Residential District andMember Robbins. Motion carried 6-0.
C-3 General Commercial District to OR Office
Residential zoning district to construct anCity Manager recommending a public
office/storage building at the rear portion of thehearing be scheduled for February 3, 1997 to
lot, presented and read. Council Memberconsider voluntary annexation for 121.9 acres
Voetberg moved that the requirement that aof property at Lake Eleanor Road and Highway
proposed Ordinance be considered and voted61/151, presented and read. Council Member
on for passage at two Council Meetings priorMichalski moved that the communication be
to the meeting at which it is to be finallyreceived and filed and approved setting the
passed be suspended. Seconded by CouncilPublic Hearing for 2-3-97 at 7:00 p.m. in the
Member Nicholson. Motion carried 6-0.Public Library Auditorium and that the City
Council Member Voetberg moved that a PublicClerk publish notice in the manner prescribed
Hearing be held on the proposed Ordinanceby law. Seconded by Council Member Buol.
on the 3rd day of February, 1997 at 7:00 p.m.Motion carried 6-0.
in the Public Library Auditorium and that theCity Manager submitting resolution
City Clerk publish notice in the mannerproviding that “Site ’F’” be designated as an
prescribed by law. Seconded by CouncilUrban Renewal/ Economic Development Area,
Member Nicholson. Motion carried 6-0. presented and read. Council Member
Voetberg moved that the communication be
Zoning Advisory Commission advising ofreceived and filed. Seconded by Council
their approval to amend Section 4-4.8 of theMember Michalski. Motion carried 6-0.
Zoning Ordinance to establish a time limit for
site plan approval, presented and read.RESOLUTION NO. 46-97
Council Member Voetberg moved that theA RESOLUTION OF NECESSITY FINDING
communication be received and filed.THAT AN AREA LOCATED AT THE
Seconded by Council Member Buol. MotionSOUTHEAST CORNER OF LAKE
Regular Session, January 20, 1997
ELEANOR ROAD AND U. S. HIGHWAYDevelopment District, to forward said Plan to
61/151, KNOWN AS "SITE F", IS ANthe City's Long Range Planning Commission
ECONOMIC DEVELOPMENT AREA ANDfor review and comment and to begin the
THAT DEVELOPMENT OF SAID AREA ISconsultation process required by law with
NECESSARY IN THE INTEREST OF THEaffected taxing entities.
RESIDENTS OF THE CITY OF DUBUQUE,Section 5. That the City Clerk is directed to
IOWA.publish notice of a public hearing on the
Whereas, the City Council of the City ofadoption of an Urban Renewal Plan for the
Dubuque has determined that the area,Site F Economic Development District to be
described in section 1 hereof, known as Siteheld on April 7, 1997 at 7:00 p.m. in the
F, will provide additional industrialCarnegie-Stout Public Library Auditorium,
development sites necessary for new and11th and Bluff Streets, Dubuque, Iowa 52001
expanding businesses; andand that said notice shall generally identify the
Whereas, the City Council has foundarea covered by the Plan and the general
through recent studies and general plans forscope of the Plan and the activities planned
the City that a severe deficit of industrialfor such area.
development land exists in the communitySection 6. That the City Clerk is further
which prevents the growth and expansion ofdirected to send by ordinary mail a copy of
job-creating development activities; andsaid notice of public hearing to the Dubuque
Whereas, the City Council has determinedCommunity School District, the County Board
that the development of Site F will enhance theof Supervisors and the Northeast Iowa
City's ongoing economic development efforts;Community College, as the affected taxing
andentities.
Whereas, the City Council has found thatPASSED, APPROVED and ADOPTED
Site F meets the definition of an economicthis 20th day of January, 1997.
development area as found in Chapter 403Terrance M. Duggan, Mayor
"Urban Renewal" of the Iowa Code ; andAttest: Mary A. Davis, City Clerk
Whereas, Chapter 403 of the Iowa CodeCouncil Member Voetberg moved adoption
requires that before urban renewal authorityof the Resolution and set the matter for Public
may be exercised, a City Council must adoptHearing on 4-7-97 at 7:00 p.m. in the Public
a resolution of necessity finding that the areaLibrary Auditorium and that the City Clerk
in question is a slum, blighted or economicpublish notice in the manner prescribed by
development area, and that so designatinglaw. Seconded by Council Member Michalski.
such area is necessary in the interest of theMotion carried 6-0.
public health, safety or welfare of the residents
of the municipality.City Manager submitting an “Offer to Buy
NOW, THEREFORE, BE IT RESOLVEDReal Estate and Acceptance between City and
BY THE CITY COUNCIL OF THE CITY OFWilliam & Janet Siegert”, presented and read.
DUBUQUE, IOWA:Council Member Buol moved that the
Section 1. That the following describedcommunication be received and filed and
area is an economic development area asapproved. Seconded by Council Member
defined by Chapter 403 of the Iowa Code andVoetberg. Motion carried 6-0.
is appropriate for an urban renewal project, to
wit:RESOLUTION NO. 47-97
Lot 2, and Lot 2 of Lot 1 of Lot 1, both ofRESOLUTION FIXING DATE FOR A
the Subdivision of the NE 1/4 of the SWMEETING ON THE AUTHORIZATION OF
1/4 of Section 12, Township 88 North,AN OFFER TO BUY REAL ESTATE AND
Range 2 East of the 5th P.M., DubuqueACCEPTANCE, INCLUDING PROVISIONS
County, Iowa and any adjoining publicPROVIDING A LOAN TO THE CITY IN THE
right-of-way; and the SE 1/4 of the SW 1/4,PRINCIPAL AMOUNT OF $700,000 AND
Lot 1 of Lot 1 of Lot 1 of the NE 1/4 of theAPPROVING THE FORM OF FARM LEASE
SW 1/4 and Lot 1 of Lot 1 of Lot 8 of theATTACHED THERETO, AND PROVIDING
SE 1/4, all in Section 12, Township 88FOR PUBLICATION OF NOTICE THEREOF
North, Range 2 East of the 5th P.M.,Whereas, it is deemed necessary and
Dubuque County, Iowa and any adjoiningadvisable that the City of Dubuque, Iowa (the
public right-of-way."City"), should provide for the authorization of
(hereinafter, the "Site F Economican Offer to Buy Real Estate and Acceptance,
Development District")including provisions providing a loan to the
Section 2. That the development of theCity in the principal amount of $700,000 and
Site F Economic Development District for newapproving the form of Farm Lease attached
industrial uses is necessary and appropriate tothereto (together the "Agreement"), between
facilitate the proper growth and developmentthe City, as Buyer, and William Siegert and
of the community in accordance with soundJanet Siegert, husband and wife, as Sellers,
planning and local community objectives.as authorized by Sections 384.24A and
Section 3. That the development of this384.25, Code of Iowa, as amended, a copy of
area will provide new development sites forwhich is now before this Council and
industrial expansion and job creation in theincorporated herein by this reference, for the
community.purpose of acquiring the real property
Section 4. That the City Manager isdescribed therein from the Sellers; and
authorized and directed to prepare an UrbanWhereas, the Agreement and the loan
Renewal Plan for the Site F Economicdescribed therein shall be payable from the
Regular Session, January 20, 1997
General Fund of the City; andforce on the date of authorization will not
Whereas, before a loan agreement may beexceed ten percent (10%) of the last certified
authorized, it is necessary to comply with thegeneral fund budget amount.
provisions of the City Code of Iowa, asA copy of the Agreement has been placed
amended, and to publish a notice of theon file in the office of the City Clerk and may
proposal and of the time and place of thebe inspected during regular office hours.
meeting at which the Council proposes to takeAt the above meeting the Council shall
action for the authorization of the loanreceive oral or written objections from any
agreement and to receive oral and/or writtenresident or property owner of the City, to the
objections from any resident or property ownerabove action. After all objections have been
of the City to such action;received and considered, the Council will at
NOW, THEREFORE, BE IT RESOLVEDthis meeting or at any adjournment thereof,
BY THE CITY COUNCIL OF THE CITY OFtake additional action for the authorization of
DUBUQUE, IOWA:the Agreement or will abandon the proposal.
Section 1. That this City Council meet inThis Notice is given by order of the City
the Carnegie-Stout Public Library Auditorium,Council of Dubuque, Iowa, as provided by
11th and Bluff Streets, Dubuque, Iowa at 7:00Section 384.24A and 384.25 of the City Code
o'clock P.M., on the 3rd day of February,of Iowa, as amended.
1997, for the purpose of taking action on theDated this 20th day of January, 1997.
matter of the authorization of the AgreementMary A. Davis
and the approval of the provisions thereof,City Clerk of Dubuque, Iowa
including those provisions providing a loan to(End of Notice)
the City in the principal amount of $700,0001t 1/24
and approving the form of Farm LeasePASSED AND APPROVED this 20th day
attached thereto, for the purpose of acquiringof January, 1997.
the real property described therein.Terrance M. Duggan, Mayor
Section 2. That the City Clerk is herebyAttest: Mary A. Davis, City Clerk
directed to cause at least one publication to beCouncil Member Buol moved adoption of
made of a notice of said meeting, in a legalthe Resolution. Seconded by Council Member
newspaper, printed wholly in the EnglishVoetberg. Motion carried 6-0.
language, published at least once weekly and
having general circulation in said City, saidCity Manager recommending a public
publication to be not less than four clear dayshearing be scheduled for February 3, 1997 to
nor more than twenty days before the date ofconsider voluntary annexation request from
said public meeting on the authorization ofWm. & Janet Siegert for 158 acres of
said Agreement.property, Dubuque County for 220 acres of
Section 3. The notice of the proposedproperty and a section of Chicago Central
action shall be in substantially the followingPacific Railroad’s right-of-way, presented and
form:read. Council Member Michalski moved that
NOTICE OF MEETING OF THE CITYthe communication be received and filed and
COUNCIL OF THE CITY OF DUBUQUE,approved the recommendation and set matter
IOWA, ON THE MATTER OF THEfor Public Hearing on 2-3-97 at 7:00 p.m. in
PROPOSED AUTHORIZATION OF ANthe Public Library Auditorium and that the City
OFFER TO BUY REAL ESTATE ANDClerk publish notice in the manner prescribed
ACCEPTANCE, INCLUDINGby law. Seconded by Council Member Buol.
PROVISIONS PROVIDING A LOAN TOMotion carried 6-0.
THE CITY IN THE PRINCIPAL AMOUNT
OF $700,000 AND APPROVING THECity Manager submitting a Resolution
FORM OF FARM LEASE ATTACHEDproviding for expansion of Dubuque Industrial
THERETO, AND PROVIDING FORCenter Economic Development District, Urban
PUBLICATION OF NOTICE THEREOFRenewal Area, presented and read. Council
PUBLIC NOTICE is hereby given that theMember Voetberg moved that the
City Council of the City of Dubuque, Iowa (thecommunication be received and filed.
"City") will hold a public hearing on the 3rd daySeconded by Council Member Robbins.
of February, 1997, at 7:00 o'clock P.M. in theMotion carried 6-0.
Carnegie-Stout Public Library Auditorium,
11th and Bluff Streets, Dubuque, Iowa, atRESOLUTION NO. 48-97
which meeting the Council proposes to takeA RESOLUTION OF NECESSITY FINDING
additional action for the authorization of anTHAT THE PROPOSED EXPANSION OF
Offer to Buy Real Estate and Acceptance,THE DUBUQUE INDUSTRIAL CENTER
including provisions providing a loan to theECONOMIC DEVELOPMENT DISTRICT IS
City in the principal amount of $700,000 andAN ECONOMIC DEVELOPMENT AREA
approving the form of Farm Lease attachedAND THAT DEVELOPMENT OF SAID
thereto (together, the "Agreement"), betweenAREA IS NECESSARY IN THE INTEREST
the City, as Buyer, and William Siegert andOF THE RESIDENTS OF THE CITY OF
Janet Siegert, husband and wife, as Sellers,DUBUQUE, IOWA.
for the purpose of acquiring the real propertyWhereas, the City Council of the City of
described therein. Principal and interest dueDubuque has determined that the expansion
from the general fund of the City with respectof the Dubuque Industrial Center Economic
to the loan provisions of the proposedDevelopment District will provide additional
Agreement and all other loan agreements inindustrial development sites necessary for
Regular Session, January 20, 1997
new and expanding businesses; andLot 2 of Lot 1 of Lot 1 of the SE 1/4, thence
Whereas, the City Council has foundwesterly 762.93 feet to the point of
through recent studies and general plan forintersection with the northwest corner of
the City that a severe deficit of industrialLot 2 of Lot 1 of Lot 1 of the SE 1/4 of the
development land exists in the communitySE 1/4, thence westerly approximately 570
which prevents the growth and expansion offeet to the point of intersection with the
job creating development activities; andwestern boundary of Lot 1 of Lot 1 of Lot 1
Whereas, the City Council has determinedof the SE 1/4 of the SE 1/4, thence
that the expansion of the Dubuque Industrialnortherly along the western boundary of Lot
Center Economic Development District will1 of Lot 1 of Lot 1 of the SE 1/4 of the SE
enhance the City's ongoing economic1/4 to the point of intersection with the SW
development efforts; andcorner of Lot 1 of the NE 1/4 of the SE 1/4,
Whereas, the City Council has found thatthence easterly along the southern
the proposed expansion area meets theboundary of Lot 1 of the NE 1/4 of the SE
definition of an economic development area as1/4 to the point of beginning, all in Section
found in Chapter 403 "Urban Renewal" of the25, Township 89 North, Range 1 East, 5th
Iowa Code ; andP.M., Dubuque County, Iowa and any
Whereas, Chapter 403 of the Iowa Codeadjoining public right-of-way.
requires that before urban renewal authority(hereinafter, the "Expansion Area")
may be exercised, a City Council must adoptSection 2. That the development of the
a resolution of necessity finding that the areaExpansion Area for new industrial uses is
in question is a slum, blighted or economicnecessary and appropriate to facilitate the
development area, and that so designatingproper growth and development of the
such area is necessary in the interest of thecommunity in accordance with sound planning
public health, safety or welfare of the residentsand local community objectives.
of the municipality.Section 3. That the expansion of the
NOW, THEREFORE, BE IT RESOLVEDDubuque Industrial Center Economic
BY THE CITY COUNCIL OF THE CITY OFDevelopment District to include the Expansion
DUBUQUE, IOWA:Area will provide new development sites for
Section 1. That the following describedindustrial expansion and job creation in the
area, which is proposed to be added to thecommunity.
Dubuque Industrial Center EconomicSection 4. That the City Manager is
Development District, is an economicauthorized and directed to prepare an
development area as defined by Chapter 403Amended and Restated Urban Renewal Plan
of the Iowa Code and is appropriate for anfor the Dubuque Industrial Center Economic
urban renewal project, to wit:Development District to include the Expansion
Lot 1 of Lot 1 of the NW 1/4 of the SE 1/4,Area to forward said Plan to the City's Long
the W 3/4 of the NE 1/4 of the NW 1/4, theRange Planning Commission for review and
E 1/4 of the NE 1/4 of the NW 1/4 of Lot 1,comment and to begin the consultation
Lot 2 of Lot 1 of the SE 1/4 of the NW 1/4,process required by law with affected taxing
Lot 1 of Lot 1 of the SE 1/4 of the NW 1/4entities.
and the SW 1/4 of the NE 1/4 of SectionSection 5. That the City Clerk is directed to
30, Township 89 North, Range 2 East ofpublish notice of a public hearing on the
the 5th P.M., Dubuque County, Iowa andadoption of an Amended and Restated Urban
any adjoining public right-of-way;Renewal Plan for the Dubuque Industrial
and the NW 1/4 of the SW 1/4, the NE 1/4Center Economic Development District to be
of the SW 1/4, Lot 1 of the SE 1/4 of theheld on April 7, 1997 at 7:00 p.m. in the
SW 1/4, and Lot 1 of the SW 1/4 of theCarnegie-Stout Public Library Auditorium,
SW 1/4, all in Section 30, Township 8911th and Bluff Streets, Dubuque, Iowa 52001
North, Range 2 East, 5th P.M., Dubuqueand that said notice shall generally identify the
County, Iowa and any adjoining publicarea covered by the Amended and Restated
right-of-way;Plan and the general scope of the Amended
and that portion of the right-of-way of theand Restated Plan and the activities planned
Chicago Central Pacific Railroad from thefor such areas.
southwest corner of Lot 1 of the SW 1/4 ofSection 6. That the City Clerk is further
the SE 1/4, Section 30, Township 89directed to send by ordinary mail a copy of
North, Range 2 East, 5th P.M., Dubuquesaid notice of public hearing to the Dubuque
County, Iowa westerly through Sections 30Community School District, the County Board
and 31 approximately 845 feet along theof Supervisors and the Northeast Iowa
southern boundary of Lot 1 of the SE 1/4 ofCommunity College, as the affected taxing
the SW 1/4, Section 30, Township 89entities.
North, Range 2 East, 5th P.M. DubuquePASSED, APPROVED and ADOPTED
County, Iowa to the southeast corner of Lotthis 20th day of January, 1997.
2 of the SE 1/4 of the SW 1/4, Section 30,Terrance M. Duggan, Mayor
Township 89 North, Range 2 East, 5th P.Attest: Mary A. Davis, City Clerk
M., Dubuque County, Iowa;Council Member Voetberg moved adoption
and Lot 1 of the NE 1/4 of the SE 1/4, andof the Resolution and set the matter for Public
commencing at the northeast corner of LotHearing on 4-7-97 at 7:00 p.m. in the Public
1 of Lot 1 of Lot 1 of the SE 1/4 of the SELibrary Auditorium and that the City Clerk
1/4, thence southerly 562.15 feet to thepublish notice in the matter prescribed by law.
point of intersection with the NE corner ofSeconded by Council Member Robbins.
Regular Session, January 20, 1997
Motion carried 6-0. Member Buol. Motion carried 6-0.
City Manager submitting documentsRESOLUTION NO. 51-97
providing for the Reconstruction of theORDERING BIDS
Sanitary Sewer in the alley between RhombergNOW THEREFORE, BE IT RESOLVED
and Garfield, from Hamilton to Marshall,BY THE COUNCIL OF THE CITY OF
presented and read. Council MemberDUBUQUE, IOWA:
Robbins moved that the communication beThat the Alley between Rhomberg and
received and filed. Seconded by CouncilGarfield from Hamilton to Marshall Sanitary
Member Buol. Motion carried 6-0. Sewer Reconstruction is hereby ordered to be
advertised for bids for construction.
RESOLUTION NO. 49-97BE IT FURTHER RESOLVED, that the
PRELIMINARY APPROVAL OFamount of the security to accompany each bid
PLANS AND SPECIFICATIONSshall be in an amount which shall conform to
NOW THEREFORE, BE IT RESOLVEDthe provisions of the notice to bidders hereby
BY THE CITY COUNCIL OF THE CITY OFapproved as a part of the plans and
DUBUQUE, IOWA:specifications heretofore adopted.
That the proposed plans, specifications,That the City Clerk is hereby directed to
form of contract and estimated cost for theadvertise for bids for the construction of the
Alley between Rhomberg and Garfield fromimprovements herein provided, to be published
Hamilton to Marshall Sanitary Sewerin a newspaper having general circulation in
Reconstruction, in the estimated amount ofthe City of Dubuque, Iowa, which notice shall
$92,784.54, are hereby approved and orderednot be less than four days nor more than
filed in the office of the City Clerk for publictwenty days prior to the receipt of said bids at
inspection.2:00 p.m. on the 6th day of February, 1997.
Passed, adopted and approved this 20thBids shall be opened and read by the City
day of January, 1997.Clerk at said time and will be submitted to the
Terrance M. Duggan, MayorCouncil for final action at 7:00 p.m. on the
Attest: Mary A. Davis, City Clerk17th day of February, 1997.
Council Member Robbins moved adoptionPassed, adopted and approved this 20th
of the Resolution. Seconded by Councilday of January, 1997.
Member Buol. Motion carried 6-0. Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
RESOLUTION NO. 50-97Council Member Voetberg moved adoption
FIXING DATE OF HEARING ONof the Resolution. Seconded by Council
PLANS AND SPECIFICATIONSMember Buol. Motion carried 6-0.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminaryCity Manager Michael C. Van Milligen
approval on the proposed plans,submitted and explained the proposed FY 98
specifications, and form of contract andBudget.
placed same on file in the office of the City
Clerk for public inspection of the AlleyAt 10:17 p.m. Council Member Robbins
between Rhomberg and Garfield frommoved to go into Closed Session In
Hamilton to Marshall Sanitary Seweraccordance with Chapter 21.5 1.(j ) 1995
Reconstruction.Code of Iowa to discuss the purchase of
NOW THEREFORE, BE IT RESOLVEDparticular real estate where premature
BY THE CITY COUNCIL OF THE CITY OFdisclosure could be reasonably expected to
DUBUQUE, IOWA:increase the price the governmental body
That on the 17th day of February, 1997, awould have to pay for that property. Seconded
public hearing will be held at 7:00 p.m. in theby Council Member Buol. Motion carried 6-0.
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans andAt 10:25 p.m. Council reconvened in
specifications, form of contract and cost ofRegular Session.
said improvement, and the City Clerk be and
is hereby directed to cause a notice of timeThere being no further business, Council
and place of such hearing to be published in aMember Voetberg moved to adjourn.
newspaper having general circulation in theSeconded by Council Member Buol. Motion
City of Dubuque, Iowa, which notice shall becarried 6-0. The meeting adjourned at 10:26
not less than four days nor more than twentyp.m.
days prior to the day fixed for its consideration.
At the hearing, any interested person may
appear and file objections to the proposedMary A. Davis CMC,
plans, specifications, contract, or estimatedCity Clerk
cost of the improvement.
Passed, adopted and approved this 20th
day of January, 1997.Approved , 1997
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkAdopted , 1997
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Regular Session, January 20, 1997
Mayor
Council Members
Attest:
City Clerk