1997 April Council Proceedings
Regular Session, April 7, 1997
Regulatory Commission of 3-19; Zoning Board
DUBUQUE
of Adjustment of 3-27, presented and read.
Council Member Voetberg moved that the
minutes be received and filed. Seconded by
CITY COUNCIL
Council Member Buol. Motion carried 7-0.
Proof of Publication on publishing List of
OFFICIAL
Claims and Summary of Revenues for month
PROCEEDINGS
ending February 28, 1997; Proof of
Publication on Publishing minutes of City
Council of 3-3, 3-4 & 3-17; Publishing
City Council, Regular Session, April 7,
Resolution No. 105-97 establishing Zoning
1997
Service Fees, presented and read. Council
Council met at 7:00 p.m., Public Library
Member Voetberg moved that the proofs be
Auditorium
received and filed. Seconded by Council
Present: Mayor Duggan, Council Members
Member Buol. Motion carried 7-0.
Buol, Krieg, Michalski, Nicholson Robbins,
Voetberg, City Manager Michael Van Milligen,
NOTICES OF CLAIMS/SUITS — Julie
Assistant City Attorney James (Tim) O’Brien.
Billmeyer in unknown amount for personal
injuries; Jack Hasken with Eagle Window &
Mayor Duggan read the call and stated this
Door in the amount of $1500.00 for property
is the Regular Session of the City Council
damages; Horizon Development Group in the
called for the purpose to act upon such
amount of $300.00 for property damages;
business which may properly come before the
Stella Jochum in amount of $3000.00 for
Council.
sewer backup damages; Marylin Kennedy in
amount of $182.68 for backed-up sewer
Invocation was given by Rev. Gregory
damages; Bill J. Merritt in amount of $1650.00
McMinn, Associate Pastor of Westminster
for backed up sewer damages; SBM
Presbyterian Church.
Investment in amount of $777.76 for property
damages; Valentine Partnership in amount of
PROCLAMATIONS — Month of April as
$944.64 for property damages; Steve Wirth in
“Always Buckle Children in the Backseat”
amount of $190.73 for vehicle damages,
Month” received by Dubuque Optimists’
presented and read. Council Member
representatives Carl McCarthy & Louie
Voetberg moved that the claims and suits be
Bassler; Month of April as “Fair Housing
referred to the Legal Staff for investigation and
Month” received by Mel Graves; April 10 as
report. Seconded by Council Member Buol.
“D.A.R.E. Day” received by Police Officer
Motion carried 7-0.
Steve Eastvedt; April 12 as “Multiple Sclerosis
Walk Day” received by Sheri Schmidt; April 13Corporation Counsel advising settlement of
- 19 as “Library Week” received by ActingCity of Dubuque vs. Estate of Debra Bartels
Library Director Ann Straley and Library Boardand recommending approval, presented and
of Trustees President Janet Marxen; April 26read. Council Member Voetberg moved that
as “Community Wide Garage Sale Day”the communication be received and filed and
received by David Klavitter and Adele Nicks;approved settlement. Seconded by Council
May 9 & 10 as “Sertoma Candy Days”
Member Buol. Motion carried 7-0.
received by Harry Althaus; and a Proclamation
Commending Clarke and Loras College
HUD advising of their review of the city’s
students for “Dubuque Hunger Cleanup” on
audit report for period of July 1, 1995 through
April 12, 1997 received by college
June 30, 1996, presented and read. Council
representatives.
Member Voetberg moved that the
communication be received and filed.
City Manager Van Milligen announced the
Seconded by Council Member Buol. Motion
City Expo 97 Event.
carried 7-0.
YOUTH IN GOVERNMENT — Mayor
HUD submitting follow-up of their
Duggan swore in Youth Mayor Nate Beecher.
consultation with the City held on 1-28-97,
Youth Mayor Beecher swore in the Youth
presented and read. Council Member
Council Members Paul Kraus, Jon Burke,
Voetberg moved that the communication be
Josh Irvin, Jessica Hayes, Katie Prochaska,
received and filed. Seconded by Council
Emily Decker and Youth City Manager Justin
Member Buol. Motion carried 7-0.
Thiltgen and Youth Corporation Counsel
Maureen Connolly and Youth City Clerk Katie
Dubuque Golf & Country Club requesting
Beadle.
permission to display fireworks on July 4,
1997 at about 9:00 p.m. on their property,
MINUTES SUBMITTED—Airport
presented and read. Council Member
Commission of 2-11, 2-20 & 3-11; Five Flags
Voetberg moved that the request be approved
Commission of 2-17; Library Board of
subject to implementation by the City
Trustees of 2-27; Long Range Planning
Manager. Seconded by Council Member
Advisory Commission of 3-19; Park &
Buol. Motion carried 7-0.
Recreation Commission of 3-11; TV
Regular Session, April 7, 1997
William Nolan advising of his resignationOlympic Heights Sanitary Sewer and Water
from Transit Board effective immediatelyMain Extension Project, presented and read.
(dated March 26, 1997), presented and read.Council Member Voetberg moved that the
Council Member Voetberg moved that thecommunication be received and filed.
communication be received and filed andSeconded by Council Member Buol. Motion
resignation accepted with regret. Secondedcarried 7-0.
by Council Member Buol. Motion carried 7-0.
RESOLUTION NO. 131-97
ACCEPTING IMPROVEMENT
Mary Schumacher requesting that CedarWhereas, the contract for the Olympic
Cross Road and Center Grove Road isHeights Sanitary Sewer and Watermain
included in the study to install sidewalks,Extension has been completed and the City
presented and read. Council MemberManager has examined the work and filed his
Voetberg moved that the request be referredcertificate stating that the same has been
to the City Manager. Seconded by Councilcompleted according to the terms of the
Member Buol. Motion carried 7-0. contract, plans and specifications and
recommends it acceptance.
City Manager certifying population of anyNOW THEREFORE, BE IT RESOLVED
areas annexed to the City since 1990,BY THE CITY COUNCIL OF THE CITY OF
presented and read. Council MemberDUBUQUE, IOWA:
Voetberg moved that the communication beSection 1. That the recommendation of the
received and filed. Seconded by CouncilCity Manager be approved and that said
Member Buol. Motion carried 7-0. improvement be and the same is hereby
accepted.
City Manager recommending approval ofBE IT FURTHER RESOLVED that the City
“Family Self-Sufficiency Coordinator ProgramTreasurer be and he is hereby directed to pay
Funding” from HUD, presented and read.to the contractor from the Sanitary Sewer
Council Member Voetberg moved that theConstruction Fund and Water Depreciation
communication be received and filed.Fund in amount equal to the amount of his
Seconded by Council Member Buol. Motioncontract, less any retained percentage
carried 7-0. provided for therein.
Passed, approved and adopted this 7th day
RESOLUTION NO. 130 -97of April, 1997.
A RESOLUTION AUTHORIZING THETerrance M. Duggan, Mayor
MAYOR TO EXECUTE A CONTRACT FORAttest: Mary A. Davis, City Clerk
FAMILY SELF-SUFFICIENCYCouncil Member Voetberg moved adoption
COORDINATOR PROGRAM FUNDINGof the Resolution. Seconded by Council
Whereas, the US Department of HousingMember Buol. Motion carried 7-0.
and Urban Development (HUD) has made an
award of Family Self-Sufficiency ProgramRESOLUTION NO. 132-97
funds to the City, in the amount of $28,050;FINAL ESTIMATE
and Whereas, the contract for the Olympic
Whereas, these funds will be utilized by theHeights Sanitary Sewer and Watermain
City to expand and complement the existingExtension has been completed and the City
FSS Program for additional participatingEngineer has submitted his final estimate
households, in the interest of promoting self-showing the cost thereof including the cost of
sufficiency to families to independence fromestimates, notices and inspection and all
the public assistance systems.miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVEDNOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFBY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:DUBUQUE, IOWA:
Section 1.The Mayor is authorized andSection 1. That the cost of said
directed to execute an Annual Contributionsimprovement is hereby determined to be
Contract, with the US Department of Housing$572,003.59 and the said amount shall be
and Urban Development, for participation inpaid from the Sanitary Sewer Construction
the Family Self-Sufficiency CoordinatorFund and Water Depreciation Fund of the City
Program, for Project No. IA087CEOFO1,of Dubuque, Iowa.
Under Master Annual Contributions ContractSection 2. That $141,438.86 of the cost
No. KC-9004-E, on behalf of the City ofthereof shall be assessable upon private
Dubuque.property and $159,247.97 shall be paid from
Section 2. This resolution shall takethe Sanitary Sewer Construction Fund.
effect immediately.Passed, approved and adopted this 7th day
Passed, approved and adopted this 7th dayof April, 1997.
of April 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. 133-97
City Manager recommending acceptance ofA RESOLUTION ADOPTING THE FINAL
Regular Session, April 7, 1997
ASSESSMENT SCHEDULE FORdate on July 1 of each year. Property owners
OLYMPIC HEIGHTS SANITARY SEWERmay elect to pay any annual installments
AND WATERMAIN EXTENSIONsemiannually in advance.
INCLUDING CERTAIN INFORMATIONPassed, approved and adopted this 7th
REQUIRED BY THE CODE OF IOWA,day of April, 1997.
SPECIFICALLY, THE NUMBER OFTerrance M. Duggan, Mayor
ANNUAL INSTALLMENTS INTO WHICHAttest: Mary A. Davis, City Clerk
ASSESSMENTS ARE DIVIDED, THESCHEDULE OF VALUATION
INTEREST ON ALL UNPAIDAND PROPOSED ASSESSMENTS
INSTALLMENTS, THE TIME WHEN THEThe following schedule is hereby determined
ASSESSMENTS ARE PAYABLE ANDto show each lot proposed to be assessed for
DIRECTING THE CLERK TO CERTIFY THEthe improvement shown in the title together
FINAL SCHEDULE AND TO PUBLISHwith the amount proposed to be assessed
NOTICE THEREOF.against each lot and the valuations shown
NOW THEREFORE, BE IT RESOLVEDopposite each lot are hereby fixed as the true
BY THE CITY COUNCIL OF THE CITY OFvaluations of such lots by the City Council of
DUBUQUE, IOWA:the City of Dubuque.
That after full consideration of the finalOWNER LOT DESCRIPTION
schedule of assessments and accompanyingDEFICIENCY ASSESSMENT
plat showing the assessments proposed to beTOTAL NET ASSESSMENT
made for the construction of the OlympicOLYMPIC HEIGHTS- BLOCK ONE
Heights Sanitary Sewer and WatermainSchmitz, Ronald W. & Sandra J.
Extension under contract with TschiggfrieLot 1104.38$3,351.46
Excavating of Dubuque, Iowa, which final platGoerdt, Robert Jr. & Doreen M.
and schedule were filed in the office of theLot 2$3,455.84
City Clerk on the 4th day of April, 1997, theBoffeli, Thomas J. & Bernice F.
said schedule of assessments be and theLot 3$3,455.84
same is hereby approved and adopted.Boffeli, Thomas J. & Bernice F.
That there be, and is hereby assessed andLot 4$239.38$3,216.46
levied as a special tax against and upon eachBrandel, John R. & Jane F.
of the lots, the respective sums indicated.Lot 5$379.38$3,076.46
Provided, further, that the amounts shown inBrandel, John R. & Jane F.
said final schedule of assessments asLot 6$3,455.84
deficiencies are found to be proper and leviedSweeney, John F. & Diane L.
conditionally against the respective propertiesLot 7$3,455.84
benefitted by the improvements as shown inSweeney, John F. & Diane L.
the schedule, subject to the provisions ofLot 8$379.38$3,076.46
Section 384.63 of the Code of Iowa. SaidEhrlich, Vincent C. & Diane K.
assessments against said lots are herebyLot 9$3.477.26
declared to be in proportion to the specialSE 1/4, SW 1/4, SECTION 11
benefits conferred and not in excess ofRogers, Richard W. & Linda J.
twenty-five percent of the value of same.Lot 1-1-2-1-1-1-1-1-1
That the City Clerk be and is hereby$1,577.34$2,742.45
directed to certify said schedule to the CountyRogers, Richard W. & Linda J.
Treasurer of Dubuque County, Iowa, and toLot 1-1-2-1-1-1-1-1-1-1-1-1-1$4,319.79
publish notice of said certification once eachScott, Roger A. & Terry L.
week for two consecutive weeks in the mannerLot 2-2-1-1-1-1-1-1-1-1-1-1$4,315.65
provided in Section 362.3, the first publicationLaughlin, Mae L.
of which shall be not more than fifteen daysLot 1-2-2-1-1-1-1-1-1-1-1-1$4,319.79
from the date of filing of the final schedule.Ehrlich, Paul J. & Bernice I.
On or before the date of the secondLot 2-2-2-1-1-1-1-1-1-1-1-1
publication of the notice, the City Clerk shall$1,513.42$777.80
also mail a copy of said notice to propertySmyth, Michael F. & Sandra L.
owners whose property is subject toLot 2-1-2-1-1-1-1-1-1-1-1-1$3,801.42
assessment, as provided and directed inSmyth, Michael F. & Sandra L.
Section 384.60 of the Code of Iowa.Lot 1-1-2-1-1-1-1-1-1-1-1-1
That assessments may be paid in full or in $1,407.71$2,399.24
part without interest at the office of the CountyKlostermann, Raymond L. & Irene K.
Treasurer, at any time within 30 days after theLot 2-2-1-1-1-1-1-1$3,455.84
date of the first publication of this notice of theSchueller, David L. & Nancy L.
filing of the final schedule of assessmentsLot 2-2-1-1-1-1$3,455.84
with the County Treasurer. After 30 daysEhrlich, Charles M. & Lois J.
unpaid assessments of $50.00 or more areLot 2-1-2-1-1-1-1$3,455.84
payable in 10 annual installments and willEhrlich, Charles M.& Lois J.
draw annual interest at 9 percentLot 1-1-2-1-1-1-1$3,457.91
(commencing on the date of acceptance of theEhrlich, Charles M.& Lois J.
work) computed to the December 1 nextLot 2-1-1-1-1-1-1-1
following the due dates of the respective$1,573.06$2,604.35
installments as provided in Section 384.65 ofClauer, Dennis O. & Donna J.
the Code of Iowa. Each installment will beLot 1-1-1-1-2-1$4,411.72
delinquent from October 1 following its dueClauer, Dennis O. & Donna J.
Regular Session, April 7, 1997
Lot 2-1-1-1-2-1 & 1-1-2-1-2-1Health has offered to provide financial support
$5,315.77for local AIDS Programs in the City of
BIEDERMAN PLACEDubuque; and
Weber, Allen J. & Donna L. & MarvinWhereas, the City of Dubuque desires to
E.. & Ardella A.establish and maintain such local AIDS
Lot 1(W 150' only)Programs; and
$3,672.81$1,510.94Whereas, the Iowa Department of Public
Biederman, WilliamHealth has presented the City Health Services
Lot 2$4,319.79Department a proposed contract for funding,
SE 1/4 SW 1/4 SECTION 11a copy of which is attached hereto.
Woller, Frances M.NOW, THEREFORE, BE IT RESOLVED
Lot 2-1-2-1-2-1 & 1-2-2-2-1$3,129.26BY THE CITY COUNCIL OF THE CITY OF
Woller, Frances M.DUBUQUE, IOWA:
Lot 1-1-2-2-1- (W 150' only)Section 1. That the City of Dubuque, Iowa,
$2,417.81$2,765.94hereby approves the attached AIDS coalition
Koob, Richard E. & Grace K.contract between the Iowa Department of
Lot 1-1-2-1-1 (E 150' only)Public Health and the City of Dubuque, Iowa.
$5,183.75Section 2. That the City Manager or his
Nauman, Herman J. & Marjoriedesignee is hereby authorized and directed to
Lot 2-1-1-1-1-1-1-1-2execute said contracts on behalf of the City of
(W 150' only)$5,183.75Dubuque, Iowa.
SW 1/4, SE 1/4, SECTION 11Passed, approved and adopted this 7th day
Takes, Robert C. & Rita J.of April, 1997.
Lot 2-1-1-1-1-2 & 2-1-1-1-2Terrance M. Duggan, Mayor
(E 150' only)$5,183.75Attest: Mary A. Davis, City Clerk
Sharkey, Gary L.Lot 2-2-1-1-1-1-1-1-2 Council Member Voetberg moved
$1,619.38$1,836.45adoption of the Resolution. Seconded by
Sharkey, Gary L.Lot 1-2-1-1-1-1-1-1-2Council Member Buol. Motion carried 7-0.
$1,538.42$1.909.46
OAKWOOD SUBDIVISIONCity Manager recommending approval of
Hense, KennethLot 2-1 (E 150' only) &Dubuque Racing Association to prepay 1997
Lot 2-1-1$5,183.75principal due on their loan, presented and
HAWKEYE HEIGHTSread. Council Member Voetberg moved that
Nauman, Herman Jr. & Marjorie M.the communication be received and filed and
Lot 2-1-2-1-1$2,145.31$3,038.44approved. Seconded by Council Member
Nauman, Herman Jr. & Marjorie M.Buol. Motion carried 7-0.
Lot 1-1-1-2-1-1 (E 150' only)
$1,697.81$3,485.94City Manager recommending approval to
Sharkey, Gary L.install monitoring wells on City right-of-way on
Lot 2$3,982.15Dodge Street & Bluff Street to monitor at
Benson, William R. & Theresanortheast corner of Dodge & Bluff Streets,
Lot 1-1-1-1-1-1$4,300.09presented and read. Council Member
Link, William J. & Jean A.Voetberg moved that the communication be
Lot 2-1-1-1-1-1$3,455.x84received and filed. Seconded by Council
Frommelt, Bruce E. & Theresa M.Member Buol. Motion carried 7-0.
Lot 2-1-1-1-1 (W 150' only)
$2,252.81$2,930.94RESOLUTION NO. 135-97
Thatcher, Michael S.& Diane L.RESOLUTION AUTHORIZING LICENSE
Lot 2-1-1-1 (W 150' only)AGREEMENT BETWEEN THE CITY OF
$5,183.75DUBUQUE, IOWA AND MIDAMERICAN
TOTAL$22,518.40$141,438.86ENERGY TO INSTALL MONITORING
Council Member Voetberg moved adoptionWELLS ON PUBLIC RIGHT-OF-WAY IN
of the Resolution. Seconded by CouncilTHE VICINITY OF 351 DODGE STREET
Member Buol. Motion carried 7-0. Whereas, MidAmerican Energy has
requested permission from the City of
City Manager recommending approval ofDubuque to install monitoring wells on City
annual contract with Iowa Department ofright-of-way of Dodge Street and Bluff Street,
Public Health for funding Local AIDS program,for the purpose of assessing groundwater
presented and read. Council Memberconditions relating to coal tar contamination at
Voetberg moved that the communication bethe northeast corner of this intersection; and
received and filed. Seconded by CouncilWhereas, a License Agreement Right-Of-
Member Buol. Motion carried 7-0. Entry For Site Assessment has been prepared
outlining the responsibilities of MidAmerican
RESOLUTION 134-97Energy in the installation of monitoring wells
A RESOLUTION AUTHORIZING THE CITYon the public right-of-way; and
MANAGER OR HIS DESIGNEE TO SIGN AWhereas, the performance of the activities
CONTRACT WITH THE IOWAof MidAmerican Energy will be at no cost or
DEPARTMENT OF PUBLIC HEALTH FORexpense to the City and all work will be
FUNDING A LOCAL AIDS COALITIONperformed by the Licensee MidAmerican
PROGRAM.Energy, or its employees, agents or
Whereas, the Iowa Department of Publicsubcontractor; and
Regular Session, April 7, 1997
Whereas, it is the desire of the City CouncilWhereas, applications for Liquor Licenses
to enter into said License Agreement for thehave been submitted to this Council for
installation of monitoring wells in the publicapproval and the same have been examined
right-of-way as requested.and approved; and
NOW, THEREFORE, BE IT RESOLVED Whereas, the premises to be occupied by
BY THE CITY COUNCIL OF THE CITY OFsuch applicants were inspected and found to
DUBUQUE, IOWA:comply with the State Laws and all City
Section 1. That the License AgreementOrdinances relevant thereto and they have
For Right-Of-Entry For Site Assessment befiled proper bonds.
and the same is hereby approved.NOW, THEREFORE, BE IT RESOLVED
Section 2. The Mayor be and is herebyBY THE CITY COUNCIL OF THE CITY OF
authorized to execute said License AgreementDUBUQUE, IOWA:
for and on behalf of the City Council.That the Manager be authorized to cause to
Passed, approved and adopted this 7th daybe issued the following named applicants a
of April, 1997.Liquor License.
Terrance M. Duggan, Mayor CLASS A (CLUB)
Attest: Mary A. Davis, City ClerkLIQUOR/BEER LICENSE
Council Member Voetberg moved adoptionLoyal Order Of Moose #355
of the Resolution. Seconded by CouncilLoyal Order of Moose
Member Buol. Motion carried 7-0. +(Sunday Sales)1166 Main St.
CLASS "C" (COMMERCIAL)
Upper Mississippi River System submittingBEER & LIQUOR LICENSE
their Environmental Management ProgramPerron Enterp.Fat Tuesday’s
background, presented and read. Council1121 University
Member Voetberg moved that theMarco’s Inc.Marco’s
communication be received and filed.2022 Central
Seconded by Council Member Buol. MotionNeighbor’s Inc.Neighbor’s Tap
carried 7-0. 1899 Rockdale
Harold & Nancy BirchSassy’s
City Manager submitting information on3203 Jackson St.
Juvenile Curfew, presented and read. CouncilJeannie A KerschIdle Hour
Member Voetberg moved that the +(Sunday Sales)1555 Central
communication be received and filed.Central Tap Inc.Central Tap
Seconded by Council Member Buol. Motion +(Sunday Sales)1046 Central
carried 7-0. Mary Lou KampNoonan’s Tap
+(Sunday Sales)1618 Central
RESOLUTION NO. 136-97Aramark Educ. Serv.Loras College Campus
Whereas, applications for Beer Permits +(Sunday Sl)1450 Alta Vista
have been submitted and filed to this CouncilGreater Dbq Riverboat Ent.Dbq Diamond Jo
for approval and the same have beenCasino Portside400 E 3rd St.
examined and approved; and +Sunday Sales & Outdoor Serv)
Whereas, the premises to be occupied byThe Yardarm Inc.Yardarm Restaurant/Bar1201 Shiras
such applicants were inspected and found to+(Sunday Sales & Outdoor Serv)
comply with the Ordinances of this City andChi-Chi, Inc.Chi-Chi, Inc.
have filed proper bonds.(1 day Outdoor Serv)800 Wacker Dr.
NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 7th day
BY THE CITY COUNCIL OF THE CITY OFof April, 1997.
DUBUQUE, IOWA:Terrance M. Duggan, Mayor
That the Manager be authorized to cause toAttest: Mary A. Davis, City Clerk
be issued the following named applicants aCouncil Member Voetberg moved adoption
Beer Permit.of the Resolution. Seconded by Council
CLASS “C” BEER PERMITMember Buol. Motion carried 7-0.
Wareco Service Inc.Wareco # 662
+(Sunday Sales)700 Rhomberg Ave.Council Member Voetberg moved to
CLASS“BE” BEER PERMITsuspend the rules to allow anyone present to
address the Council if they so desire.
Arcon, IncArby’s/C-StoreSeconded by Council Member Michalski.
+(Sunday Sales)10 Main St.Motion carried 7-0.
CLASS “B” BEER PERMIT (6-MONTH)
JD BS & SW LTDMcAleece RecreationProofs of publication certified to by the
Complex Conc.1 Admiral SheehyPublisher on Notice of Hearing on Plans and
+(Sunday Sales & Outdoor Service)Specifications and Notice of Hearing to
Passed, approved and adopted this 7th dayProperty Owners on Resolution of Necessity
April, 1997.for Kelly Lane/Pego Court Sanitary Sewer
Terrance M. Duggan, MayorExtension — Phase II, and Communications
Attest: Mary A Davis, City Clerkof Jeff and Jane Walker and Geraldine J. and
Council Member Voetberg moved adoptionLeo Westmark objecting to sewer project
of the Resolution. Seconded by Councilassessment and the requirement to hook-up to
Member Buol. Motion carried 7-0. sewer, presented and read. Council Member
Voetberg moved that the proofs and
RESOLUTION NO. 137-97communications be received and filed.
Regular Session, April 7, 1997
Seconded by Council Member Buol. Motionrecommending to award contract for project,
carried 7-0. presented and read. Council Member
Voetberg moved that the proof and
Melda Hoffmann of 1390 Kelly Lane spokecommunication be received and filed.
requesting specific answers to various timeSeconded by Council Member Buol. Motion
frames of the project. carried 7-0.
RESOLUTION NO. 138-97RESOLUTION NO. 140-97
RESOLUTION ADOPTINGAWARDING CONTRACT
PLANS AND SPECIFICATIONSWhereas, sealed proposals have been
Whereas, on the 12th day of March, 1997,submitted by contractors for the Kelly
plans, specifications, form of contract andLane/Pego Court Sanitary Sewer Extension -
estimated cost were filed with the City Clerk ofPhase II pursuant to Resolution No. 128-97
Dubuque, Iowa for the Kelly Lane/Pego Courtand notice to bidders published in a
Sanitary Sewer Extension - Phase II.newspaper published in the City of Dubuque,
Whereas, notice of hearing on plans,Iowa on the 21st day of March, 1997.
specifications, form of contract, and estimatedWhereas, said sealed proposals were
cost was published as required by law.opened and read on the 27th day of March,
NOW THEREFORE, BE IT RESOLVED1997 and it has been determined that the bid
BY THE CITY COUNCIL OF THE CITY OFof Tschiggfrie Excavating of Dubuque, Iowa in
DUBUQUE, IOWA:the amount of $140,834.22 was the lowest bid
That the said plans, specifications, form offor the furnishings of all labor and materials
contract and estimated cost are herebyand performing the work as provided for in the
approved as the plans, specifications, form ofplans and specifications.
contract and estimated cost for saidNOW THEREFORE, BE IT RESOLVED
improvements for said project.BY THE CITY COUNCIL OF THE CITY OF
Passed, adopted and approved this 7th dayDUBUQUE, IOWA:
of April, 1997.That the contract for the above
Terrance M. Duggan, Mayorimprovement be awarded to Tschiggfrie
Attest: Mary A. Davis, City ClerkExcavating and the Manager be and is hereby
Council Member Voetberg moved adoptiondirected to execute a contract on behalf of the
of the Resolution. Seconded by CouncilCity of Dubuque for the complete performance
Member Buol. Motion carried 7-0. of the work.
BE IT FURTHER RESOLVED:
RESOLUTION NO. 139-97That upon the signing of said contract and
RESOLUTION WITH RESPECT TO THEthe approval of the contractor's bond, the City
ADOPTION OF THE RESOLUTION OFTreasurer is authorized and instructed to
NECESSITY PROPOSED FOR THE KELLYreturn the bid deposits of the unsuccessful
LANE/PEGO COURT SANITARY SEWERbidders.
EXTENSION - PHASE IIPassed, approved and adopted this 7th day
Whereas, the City Council has proposed aof April, 1997.
Resolution of Necessity for the KellyTerrance M. Duggan, Mayor
Lane/Pego Court Sanitary Sewer Extension -Attest: Mary A. Davis, City Clerk
Phase II, has given notice of the publicCouncil Member Voetberg moved adoption
hearing thereon as required by law; andof the Resolution. Seconded by Council
Whereas, the public hearing has been held,Member Buol. Motion carried 7-0.
all persons offering objections have been
heard and consideration given to all objectionsHearings on Assessment of License
and is pending before this Council; andPenalties for Alcohol Violations — $300.00
Whereas, this is the time and place set asAssessment for TFM Company, d/b/a Oky
provided for the taking of action on theDoky #6, 1256 Iowa St. and Iowa Oil Company
proposed Resolution of Necessity.d/b/a IOCO Speede Shoppe #93, 3270 Dodge
NOW THEREFORE, BE IT RESOLVEDSt.; 30 Day License Suspension for Molo Oil
BY THE CITY COUNCIL OF THE CITY OFCompany d/b/a Big 10 Mart, 9th & Central
DUBUQUE, IOWA:(2nd conviction within 2 years), presented and
That the proposed Resolution of Necessityread. Council Member Voetberg moved that
described above is hereby:they agree with the Police Chief’s
Adopted, without amendment, and allrecommendation for assessments and
objections filed or made having been dullysuspensions. Seconded by Council Member
considered are overruled.Nicholson. Motion carried 7-0.
Passed, adopted and approved this 7th day
of April, 1997.Communication of Attorney Brendan
Terrance M. Duggan, MayorQuann on behalf of Molo Oil Co., objecting to
Attest: Mary A. Davis, City Clerkthe Police procedure used during the sting
Council Member Voetberg moved adoptionoperation.
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0. Proof of publication certified to by the
Publisher on Notice of Hearing to reclassify
Proof of publication certified to by theproperty at 624 N. Burden from R-1 to R-2
Publisher on Notice to Bidders on Receipt ofDistrict as requested by John Sanner
Bids for project and City Manager(Approved by Zoning Advisory Commission),
Regular Session, April 7, 1997
presented and read. Council Memberreclassifying property located at 3100 Brunskill
Robbins moved that the proof be received andRoad from R-4 Multi-Family Residential
filed. Seconded by Council MemberDistrict to PUD Planned Unit Development
Nicholson. Motion carried 7-0. District with a PR Planned Residential District
Designation and adopting a Conceptual
An Ordinance Amending Zoning Map byDevelopment Plan, with Conditions, said
reclassifying property located at 624 BurdenOrdinance having been presented and read at
Street from R-1 Single-Family Residentialthe Council Meeting of 3-17-97, presented for
District to R-2 Two-Family Residential District,further action.
said Ordinance having been presented and
read at the Council meeting of 3-17-97, now(OFFICIAL PUBLICATION)
presented for further action. ORDINANCE NO. 24-97
(OFFICIAL PUBLICATION)AN ORDINANCE AMENDING APPENDIX A
ORDINANCE NO. 23-97(THE ZONING ORDINANCE) OF THE CITY
AN ORDINANCE AMENDING APPENDIX AOF DUBUQUE CODE OF ORDINANCES BY
(THE ZONING ORDINANCE) OF THE CITYRECLASSIFYING HEREINAFTER
OF DUBUQUE CODE OF ORDINANCES,DESCRIBED PROPERTY LOCATED AT
BY RECLASSIFYING HEREINAFTER3100 BRUNSKILL ROAD FROM R-4
DESCRIBED PROPERTY LOCATED ATMULTI-FAMILY RESIDENTIAL DISTRICT
624 N. BURDEN STREET FROM R-1TO PUD PLANNED UNIT DEVELOPMENT
SINGLE-FAMILY RESIDENTIAL DISTRICTDISTRICT WITH A PR PLANNED
TO R-2 TWO-FAMILY RESIDENTIALRESIDENTIAL DISTRICT DESIGNATION
DISTRICT.AND ADOPTING A CONCEPTUAL
NOW, THEREFORE, BE IT ORDAINEDDEVELOPMENT PLAN, WITH
BY THE CITY COUNCIL OF THE CITY OFCONDITIONS.
DUBUQUE, IOWA:NOW, THEREFORE, BE IT ORDAINED
Section 1. That Appendix A (the ZoningBY THE CITY COUNCIL OF THE CITY OF
Ordinance) of the City of Dubuque Code ofDUBUQUE, IOWA:
Ordinances is hereby amended bySection 1. Appendix A (the Zoning
reclassifying the hereinafter describedOrdinance) of the City of Dubuque Code of
property from R-1 Single-Family ResidentialOrdinances is hereby amended by
District to R-2 Two-Family Residential District,reclassifying the hereinafter described
to wit:property from R-4 Multi-Family Residential
Lots 11 and 12 of Fischer’s Subdivision,District to PUD Planned Unit Development
and Lot 2 of Bowden Place, and to theDistrict with a PR Planned Residential
center line of the adjoining public right-of-designation and adopting a conceptual
way, all in the City of Dubuque, Iowa.development plan, a copy of which is attached
Section 2. The foregoing amendment hasto and made a part hereof, with conditions as
heretofore been reviewed by the Zoningstated below, to wit:
Advisory Commission of the City of Dubuque,Lot 2 of Lot 1 of Lot 1 of Bartels - Center
Iowa.Grove Place and to the center line of the
Section 3. This ordinance shall take effectadjoining public right-of-way, all in the City
immediately upon publication, as provided byof Dubuque, Iowa.
law.Section 2. Pursuant to Iowa Code Section
Passed, approved and adopted this 7th day414.5 (1993), and as an express condition of
of April, 1997.the reclassification, the undersigned property
Terrance M. Duggan, Mayorowner(s) agree(s) to the following conditions,
Attest: Mary A. Davis, City Clerkall of which the property owner(s) further
Published officially in the Telegraph Heraldagree(s) are reasonable and imposed to
satisfy the public needs that are caused
newspaper this 17th day of April, 1997.
directly by the zoning reclassification:
1t 4/17Mary A. Davis CMC, City Clerk
A.Use Regulations.
Council Member Robbins moved final
The following regulations shall apply to all
consideration and passage of the Ordinance.
Seconded by Council Member Nicholson.uses made of land in the above described
Motion carried 7-0. PUD District:
1)Principal permitted uses shall be limited to:
Proof of publication certified to by thea) Mobile home park/subdivision.
Publisher on Notice of Hearing to reclassify2)Accessory uses shall include any use
property at 3100 Brunskill Road from R-4customarily incidental and subordinate to
District to PUD District as requested by Larrythe principal use it serves.
& Anne Kretz (Approved by Zoning AdvisoryB.Lot and Bulk Regulations.
Commission), presented and read. CouncilDevelopment of land in the PUD District
Member Voetberg moved that theshall be regulated as follows:
communication be received and filed.1)All building structures and activities shall
be located in conformance with the
Seconded by Council Member Michalski.
attached conceptual development plan and
Motion carried 7-0.
all final site development plans shall be
approved in accordance with provisions of
Larry Kretz spoke requesting approval with
the PUD District regulations of this
conditions.
ordinance and of Section 3-5.5 of the
Zoning Ordinance.
An Ordinance Amending Zoning Map by
Regular Session, April 7, 1997
2)Existing lots and mobile homes arevalid for a period of five (5) years provided
grandfathered in terms of lot size anda final site development plan and/or a final
setbacks.subdivision plat and improvement plans are
3)All new mobile homes shall be placed insubmitted within three (3) years from the
accordance with the following lot and bulkdate of approval.
regulations:G. Transfer of Ownership
Minimum Lot Area in Square Feet: 3,600Transfer of ownership or lease of property
square feetin this PUD District shall include in the
Minimum Lot Frontage in Feet: 45 feettransfer or lease agreement a provision that
Maximum Lot Coverage as a Percent of Lotthe purchaser or lessee acknowledges
Area: 50%awareness of the conditions authorizing the
Minimum Front Yard Setback: 5 feetestablishment of the district.
Minimum Side Yard Setback in Feet: 6 feetH.Reclassification of Subject Property.
Minimum Rear Yard Setback: 5 feetThe City of Dubuque, Iowa, may initiate
Maximum Building Height: 20 feetzoning reclassification proceedings to the
C.Performance Standards.R-4 District in accordance with Section 6 of
The development and maintenance of usesthe Zoning Ordinance if the property
in this PUD District shall be established inowner(s) fail(s) to complete or maintain any
conformance with Section 3-5.5 of theof the conditions of this ordinance.
Zoning Ordinance and the followingI.Modifications.
standards:Any modifications of this Ordinance must
1)Existing driveways shall be paved to 20 feetbe approved by the City Council in
wide and a connection will be madeaccordance with zoning reclassification
between the upper and lower drives toproceedings of Section 6 of the Zoning
create a circular drive.Ordinance.
2)A fire hydrant shall be installed in a locationJ.Recording.
approved by the Fire Department.A copy of this ordinance shall be recorded
3)The water main serving the site shall beat the expense of the property owner(s)
increased to 6 inches.with the Dubuque County Recorder as a
4)Storm water detention will be provided if itpermanent record of the conditions
is required by the Engineering Division.accepted as part of this reclassification
5)The applicant must have an engineerapproval after the adoption of this
inspect and certify that the retaining wallordinance. This ordinance shall be binding
and fill are capable of supporting theupon the undersigned and his/her heirs,
proposed mobile homes.successors and assigns.
6)Trailer skirts will be installed on all mobileSection 3. The foregoing amendment has
homes in the park.heretofore been reviewed by the Zoning
7)A screening fence six (6) feet in height andCommission of the City of Dubuque, Iowa.
50% opacity shall be installed alongSection 4. The foregoing amendment shall
Brunskill Road.take effect upon publication, as provided by
8)Landscaping shall be provided inlaw.
compliance with Section 4.4 of the ZoningPassed, approved and adopted this 7th day
Ordinance and as stipulated in theof April, 1997.
conceptual development plan.Terrance M. Duggan, Mayor
9)Final site development plans shall beATTEST: Mary A. Davis, City Clerk
submitted in accordance with Section 4-4ACCEPTANCE OF
of the Zoning Ordinance prior toORDINANCE NO. 24-97
construction of each building or structureWe, Larry and Anne Kretz, property
unless otherwise exempted by Section 4-4.owners, having read the terms and conditions
10)Parking requirements shall be 2of the foregoing Ordinance No. 24-97 and
spaces for the new mobile homes withbeing familiar with the conditions thereof,
the existing trailers grandfathered withhereby accept the same and agree to the
their current configuration.conditions required therein.
11)Subdivision plats and improvementsDated this 7th day of April, 1997.
plans shall be submitted inBy /s/ Larry Kretz
accordance with Chapter 42 of theBy /s/ Anne Kretz
City of Dubuque Code of Ordinances.Published officially in the Telegraph Herald
D.Open Space and Recreational Areasnewspaper this 17th day of April, 1997.
Those areas not designated on the1t 4/17Mary A. Davis CMC, City Clerk
conceptual development plan forCouncil Member Voetberg moved final
development shall be maintained as openconsideration and passage of the Ordinance.
space, as defined by Section 8 of theSeconded by Council Member Michalski.
Zoning Ordinance by the property ownerMotion carried 7-0.
and/or association.
E.Sign Regulations.
Proof of publication certified to by the
The sign regulations shall be or in
Publisher on Notice of Hearing to amend
accordance with the PUD District
Conceptual Development Plan for property
regulations as established in Section 4-
located at Padre Pio Drive (3485 Windsor
3.11 of the Zoning Ordinance.
Ave.) as requested by Stonehill Care Center
F.Additional Standards.
(approved by Zoning Advisory Commission),
1)The conceptual development plan shall be
and Karl Kohnen submitting adjustments in
Regular Session, April 7, 1997
Assisi Village Conceptual Plan, presented andapproved in accordance with provisions of
read. Council Member Michalski moved thatthe PUD District regulations of this
the proof and communication be received andordinance and of Section 3-5.5 of the
filed. Seconded by Council Member Robbins.Zoning Ordinance.
Motion carried 7-0. C.Performance Standards.
The development and maintenance of uses
Sr. Dolores Ullrich spoke of the requestedin this PUD District shall be established in
changes. conformance with Section 3-5.5 of the
Zoning Ordinance and the following
An Ordinance Amending Zoning Ordinancestandards:
to amend the Conceptual Development Plan1)The development shall be completed in two
for property located at Padre Pio Drive, locatedphases. Phase I will include 35 congregate
in a PUD Planned Unit Development Districtapartment units and 3 to 7 cottage units.
with a PR Planned Residential Designation,Phase II will include 18 congregate
said Ordinance having been presented andapartments and 18 to 22 cottages.
read on 3-17-97, presented for further action.2)A 24-foot wide private drive with no on-
street parking allowed and reviewed and
(OFFICIAL PUBLICATION)approved by the City of Dubuque.
ORDINANCE NO. 25-973)Lighting shall be provided per City
AN ORDINANCE AMENDING APPENDIX Astandards.
(THE ZONING ORDINANCE) OF THE CITY4)Landscaping shall be provided in
OF DUBUQUE CODE OF ORDINANCES TOcompliance with Section 4.4 of the Zoning
AMEND THE CONCEPTUALOrdinance and shall be installed in
DEVELOPMENT PLAN FOR PROPERTYconjunction with completion of the units.
LOCATED AT PADRE PIO DRIVE,Final site development plans must indicate
LOCATED IN A PUD PLANNED UNITexact location and type of species to be
DEVELOPMENT DISTRICT WITH A PRinstalled.
PLANNED RESIDENTIAL DESIGNATION.5)Sidewalks shall be provided within the
NOW, THEREFORE, BE IT ORDAINEDproposed development as shown on the
BY THE CITY COUNCIL OF THE CITY OFattached conceptual plan, including
DUBUQUE, IOWA:installation along the entrance drive to their
Section 1. Appendix A (the Zoningproperty line.
Ordinance) of the City of Dubuque Code of6)All utilities including telephone and cable
Ordinances is hereby amended by amendingtelevision shall be installed underground.
the PUD Planned Unit Development District7)Off-street parking spaces shall be provided
with a PR Planned Residential designationbased on .5 spaces per congregate
and Conceptual Development Plan forapartment unit and 2 spaces per cottage
property located at Padre Pio Drive, a copy ofdwelling unit.
which is attached to and made a part hereof,8)Final site development plans shall be
with conditions as stated below, to wit:submitted in accordance with Section 4-4
Lot 1 of Lot 1 of Lot 3 and Lot 3 of Lot 1 ofof the Zoning Ordinance prior to
Block 7 in Phase 1, all in the Stonehillconstruction of each building or structure
Community Subdivision No. 1, and to theunless otherwise exempted by Section 4-4.
center line of the adjoining public right-of-9)Storm water detention facilities shall be
way, all in the City of Dubuque, Iowa.constructed to control run-off.
Section 2. Pursuant to Iowa Code SectionD.Open Space and Recreational Areas
414.5 (1993), and as an express condition ofThose areas not designated on the
the reclassification, the undersigned propertyconceptual development plan for
owner(s) agree(s) to the following conditions,development shall be maintained as open
all of which the property owner(s) furtherspace, as defined by Section 8 of the
agree(s) are reasonable and imposed toZoning Ordinance by the property owner
satisfy the public needs that are causedand/or association.
directly by the zoning reclassification:E.Sign Regulations.
A.Use Regulations.The sign regulations shall be in accordance
The following regulations shall apply to allwith the R-4 Multi-Family Residential
uses made of land in the above describedDistrict as established in Section 4-3.11 of
PUD District:the Zoning Ordinance.
1)Principal permitted uses shall be limited toF.Additional Standards.
fifty-three (53) congregate apartment units1)The conceptual development plan shall be
and twenty-five (25) cottages forvalid for a period of five (5) years, provided
independent living.a final site development plan is submitted
2)Accessory uses shall include any usewithin three (3) years from the date of
customarily incidental and subordinate toapproval.
the principal use it serves.G.Transfer of Ownership
B.Lot and Bulk Regulations.Transfer of ownership or lease of property
Development of land in the PUD Districtin this PUD District shall include in the
shall be regulated as follows:transfer or lease agreement a provision that
1)All building structures and activities shallthe purchaser or lessee acknowledges
be located in conformance with theawareness of the conditions authorizing the
attached conceptual development plan andestablishment of the district.
all final site development plans shall beH.Reclassification of Subject Property.
Regular Session, April 7, 1997
The City of Dubuque, Iowa, may initiateRESOLUTION NO. 141-97
zoning reclassification proceedings to theA RESOLUTION APPROVING THE URBAN
R-4 Multi-Family Residential District inRENEWAL PLAN FOR THE DUBUQUE
accordance with Section 6 of the ZoningINDUSTRIAL CENTER/SOUTH ECONOMIC
Ordinance if the property owner(s) fail(s) toDEVELOPMENT DISTRICT (PREVIOUSLY
complete or maintain any of the conditionsKNOWN AS THE SITE F ECONOMIC
of this ordinance.DEVELOPMENT DISTRICT).
I.Modifications.Whereas, on January 20, 1997, the City
Any modifications of this Ordinance mustCouncil of the City of Dubuque, Iowa,
be approved by the City Council indetermined the necessity for and authorized
accordance with zoning reclassificationthe preparation of an Urban Renewal Plan (the
proceedings of Section 6 of the Zoning“Plan”) for the Dubuque Industrial
Ordinance.Center/South Economic Development District,
J.Recording.previously known as the Site F Economic
A copy of this ordinance shall be recordedDevelopment District”); and
at the expense of the property owner(s)Whereas, the City of Dubuque’s primary
with the Dubuque County Recorder as aobjective in establishing this Plan is to provide
permanent record of the conditionsadditional marketable industrial development
accepted as part of this reclassificationsites for the purpose of job-creating economic
approval after the adoption of thisdevelopment activities; and
ordinance. This ordinance shall be bindingWhereas, the Long Range Planning
upon the undersigned and his/her heirs,Commission has reviewed the proposed Plan
successors and assigns.and has found that said document is
Section 3. The foregoing amendment hasconsistent with the Comprehensive Plan for
heretofore been reviewed by the Zoningthe development of the City of Dubuque as a
Commission of the City of Dubuque, Iowa.whole and has transmitted its findings to the
Section 4. The foregoing amendment shallCity Council; and
take effect upon publication, as provided byWhereas, a consultation process has been
law.undertaken with affected taxing entities in
Passed, approved and adopted this 7th dayaccordance with Chapter 403 of the Code of
of April, 1997.Iowa with no written objections or
Terrance M. Duggan, Mayorrecommended changes to the Plan received;
ATTEST: Mary A. Davis, City Clerkand
ACCEPTANCE OFWhereas, the City Council, in accordance
ORDINANCE NO. 25-97with Chapter 403 of the Code of Iowa, has
The Padre Pio Health Care Center,held a public hearing on the proposed Plan
Inc./DBA Stonehill Care Center, propertyafter public notice thereof.
owner, having read the terms and conditionsNOW, THEREFORE, BE IT RESOLVED
of the foregoing Ordinance No. 25-97 andBY THE CITY COUNCIL OF THE CITY OF
being familiar with the conditions thereof,DUBUQUE,
hereby accept the same and agree to the IOWA:
conditions required therein.Section 1. That the Urban Renewal Plan
Dated this 14th day of April, 1997.for the Dubuque Industrial Center/South
By /s/ Sr. Dolores Ullrich, AdministratorEconomic Development District, previously
Stonehill Care Centerknown as the Site F Economic Development
Published officially in the Telegraph HeraldDistrict, attached hereto and made reference
to herein, be approved.
newspaper this 22nd day of April, 1997.
Section 2. That the City Clerk of the City of
1t 4/22Mary A. Davis CMC, City Clerk
Dubuque, Iowa is hereby authorized and
Council Member Michalski moved final
directed to file a certified copy of the
consideration and passage of the Ordinance,
Resolution in the office of the Dubuque
as amended - to include restriction on street
County Recorder.
parking and an increase of number of cottage
Passed, approved and adopted this 7th day
units from 19 to 25. Seconded by Council
Member Robbins. Motion carried 7-0. of April, 1997.
Terrance M. Duggan, Mayor
Proof of publication certified to by theAttest: Mary A. Davis, City Clerk
Publisher on Notice of Hearing to considerCouncil Member Buol moved adoption of
adopting an Urban Renewal Plan for Site “F”;the Resolution. Seconded by Council Member
Proof of publication certified to by theKrieg. Motion carried 7-0.
Publisher on Notice of Hearing to consider
adopting an Urban Renewal Plan forRESOLUTION NO. 142-97
Expanded Dubuque Industrial CenterA RESOLUTION APPROVING THE
Economic Development District and CityAMENDED AND RESTATED URBAN
Manager recommending approval of UrbanRENEWAL PLAN FOR THE DUBUQUE
INDUSTRIAL CENTER ECONOMIC
Renewal Plans and submitting suggested
DEVELOPMENT DISTRICT.
names for Site “F” location, presented and
Whereas, on May 2, 1988, the City Council
read. Council Member Buol moved that the
of the City of Dubuque, Iowa, after public
proof and communication be received and
hearing, duly adopted an Urban Renewal Plan
filed. Seconded by Council Member Krieg.
(the “Plan”) for the Dubuque Industrial Center
Motion carried 7-0.
Economic Development District (the “District”)
Regular Session, April 7, 1997
which was thereafter amended and restatednewspaper of general circulation published in
on December 17, 1990; andthe City of Dubuque, Iowa on 31st day of
Whereas, on January 20, 1997, the CityMarch, 1997, the City Council of the City of
Council determined the necessity for andDubuque, Iowa met on the 7th day of April,
authorized the preparation of an amended and1997, at 7:30 p.m. in the Public Library
restated Plan for the District; andAuditorium, 11th and Locust, Dubuque,
Whereas, the City of Dubuque’s primaryDubuque, County, Iowa to consider the
objectives in amending and restating the Planproposal for the sale of real estate described
are to provide for the expansion of the Districtas:
and to pursue activities to provide additionalLot 3 of 1 of 1 of 1 of the NW 1/4 SW 1/4,
marketable industrial development sites for theand Lot 3 of 2 of 2 of the E ½ SW 1/4 all in
purpose of job-creating economicSection 16, T89N, R2E in Dubuque
development activities; andCounty, Iowa
Whereas, the Long Range PlanningWhereas, the City Council of the City of
Commission has reviewed the proposedDubuque, Iowa overruled any and all
amended and restated Plan and has foundobjections, oral or written to the proposal to
that said document is consistent with thedispose of interest of the City of Dubuque,
Comprehensive Plan for the development ofIowa, except for easement as noted, in the
the City of Dubuque as a whole and hashereinabove described real estate to Corey
transmitted its findings to the City Council;Development, Ltd.
andNOW THEREFORE, BE IT RESOLVED
Whereas, a consultation process has beenBY THE CITY COUNCIL OF THE CITY OF
undertaken with affected taxing entities inDUBUQUE, IOWA:
accordance with Chapter 403 of the Code ofSection 1.That the disposal of the
Iowa with no written objections orinterest of the City of Dubuque, Dubuque
recommended changes to the Plan received;County, Iowa in real property described as Lot
and3 of 1 of 1 of 1 of the NW 1/4 SW 1/4, and Lot
Whereas, the City Council, in accordance3 of 2 of 2 of the E ½ SW 1/4 all in Section
with Chapter 403 of the Code of Iowa, has16, T89N, R2E in the City of Dubuque, Iowa
held a public hearing on the proposedto Corey Development, Ltd. be and the same
amended and restated Plan after public noticeis hereby approved for the sum of
thereof.$410,000.00 payable $1,000.00 at the time of
NOW, THEREFORE, BE IT RESOLVEDCity acceptance of the Real Estate Contract,
BY THE CITY COUNCIL OF THE CITY OF$50,000.00 at the right of possession, and
DUBUQUE, IOWA:$359,000.00 on June 1, 1997, plus cost of
Section 1. That the Amended andpublication, platting and filing fees; as
Restated Urban Renewal Plan for theconditioned upon the REAL ESTATE
Dubuque Industrial Center EconomicCONTRACT attached hereto; conveyance
Development District attached hereto andshall be by Warranty Deed.
made reference to herein, be approved.Section 2.That the Mayor be authorized
Section 2. That the City Clerk of the City ofand directed to execute the attached REAL
Dubuque, Iowa is hereby authorized andESTATE CONTRACT and Warranty Deed,
directed to file a certified copy of theand the City Clerk be and is hereby authorized
Resolution in the office of the Dubuqueand directed to deliver said deed of
County Recorder.conveyance to the above named grantee upon
Passed, approved and adopted this 7th dayreceipt of the purchase price in full.
of April, 1997.Section 3.That Resolution No. 115-97 is
Terrance M. Duggan, Mayorhereby rescinded.
Attest: Mary A. Davis, City Clerk Section 4.That the City Clerk be and is
Council Member Buol moved adoption ofhereby authorized and directed to record a
the Resolution. Seconded by Council Membercertified copy of this resolution in the office of
Krieg. Motion carried 7-0. the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Council Member Krieg moved that it bePassed, approved and adopted this 7th day
resolved that the Site “F” location will beof April, 1997.
redesignated as Dubuque Industrial CenterTerrance M Duggan, Mayor
South. Seconded by Council MemberAttest: Mary A. Davis, City Clerk
Robbins. Motion carried 7-0. Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Proof of publication certified to by theNicholson. Motion carried 7-0.
Publisher on Notice of Public Hearing to
consider disposing of city-owned land to CoreyMorrison Bros. Company requesting
Development, Ltd., presented and read.designation of their property on 7th St. as an
Council Member Buol moved that the proof beUrban Renewal District to allow the use of tax
received and filed. Seconded by Councilincrement revenue and City Manager
Member Nicholson. Motion carried 7-0. recommending establishment of Economic
Development District on E. 7th Street,
RESOLUTION NO. 143-97presented and read. Council Member
Whereas, pursuant to resolution andMichalski moved that the communications be
published notice of time and place of hearing,received and filed. Seconded by Council
published in the Telegraph Herald, aMember Robbins. Motion carried 7-0.
Regular Session, April 7, 1997
Rhodes Isenhart spoke objecting to TIFEast 7th Street Economic Development
monies being used.District for new and expanded industrial uses
is necessary and appropriate to facilitate the
RESOLUTION NO. 144-97proper growth and development of the
A RESOLUTION OF NECESSITY FINDINGcommunity in accordance with sound planning
THAT PROPERTY OWNED BY MORRISONand local community objectives.
BROS. COMPANY LOCATED ON EASTSection 3. That the development of this
7TH STREET IS AN ECONOMICarea will provide new opportunities for
DEVELOPMENT AREA AND THAT THEindustrial expansion and job creation in the
REDEVELOPMENT OF SAID AREA IScommunity.
NECESSARY IN THE INTEREST OF THESection 4. That the City Manager is
RESIDENTS OF THE CITY OF DUBUQUE,authorized and directed to prepare an Urban
IOWA.Renewal Plan for the East 7th Street
Whereas, the City Council of the City ofEconomic Development District, to forward
Dubuque has determined that the areasaid Plan to the City's Long Range Planning
described in Section 1 hereof and owned byCommission for review and comment and to
Morrison Bros. Company will provide newbegin the consultation process required by law
opportunities for local economic developmentwith affected taxing entities.
activities; andSection 5. That the City Clerk is directed to
Whereas, the City Council has foundpublish notice of a public hearing on the
through recent studies and general plans foradoption of an Urban Renewal Plan for the
the City that a severe deficit of industrialEast 7th Street Economic Development
development land exists in the communityDistrict to be held on July 21, 1997 at 7:00
which prevents the growth and expansion ofp.m. in the Carnegie-Stout Public Library
job-creating development activities; andAuditorium, 11th and Bluff Streets, Dubuque,
Whereas, the City Council has determinedIowa 52001 and that said notice shall generally
that the active redevelopment of underutilizedidentify the area covered by the Plan and the
industrial areas is a beneficial use of existinggeneral scope of the Plan and the activities
industrial land that will enhance the City'splanned for such area.
ongoing economic development efforts; andSection 6. That the City Clerk is further
Whereas, the City Council has found thatdirected to send by ordinary mail a copy of
the Morrison Bros. Company property meetssaid notice of public hearing to the Dubuque
the definition of an economic developmentCommunity School District, the County Board
area as found in Chapter 403 "Urbanof Supervisors and the Northeast Iowa
Renewal" of the Iowa Code; andCommunity College, as the affected taxing
Whereas, Chapter 403 of the Iowa Codeentities.
requires that before urban renewal authorityPASSED, APPROVED and ADOPTED
may be exercised, a City Council must adoptthis 7th day of April, 1997.
a resolution of necessity finding that the areaTerrance M. Duggan, Mayor
in question is a slum, blighted or economicAttest: Mary A. Davis, City Clerk
development area, and that so designatingCouncil Member Michalski moved adoption
such area is necessary in the interest of theof the Resolution. Seconded by Council
public health, safety or welfare of the residentsMember Robbins. Motion carried 7-0.
of the municipality.
NOW, THEREFORE, BE IT RESOLVEDCity Manager requesting concurrence with
BY THE CITY COUNCIL OF THE CITY OFthe selection of the Durrant Group/IIW
DUBUQUE, IOWA:Engineers/Steven Browner design team as the
Section 1. That the following describedconsultant for the North End Neighborhood
area is an economic development area asTrail project, presented and read. Council
defined by Chapter 403 of the Iowa Code andMember Voetberg moved that the
is appropriate for an urban renewal project, tocommunication be received and filed and
wit:agreed with the recommendation. Seconded
Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lotby Council Member Buol. Motion carried 7-0.
1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13
and 14; Block `16 Lots 1, 2, 3, 4 and 5; and
Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3,City Manager recommending approval of
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15,Economic Development Package for
Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, LotCarteGraph Systems, Inc., presented and
2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 ofread. Council Member Buol moved that the
Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lotcommunication be received and filed.
2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26,Seconded by Council Member Robbins.
Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of LotMotion carried 7-0.
29, Lot 3 of Lot 30, Lot 3 of Lot 31, Lot 3 of
Lot 32 all in the Dubuque HarborRESOLUTION 145-97
Improvement Co.'s Addition, Township 89RESOLUTION AUTHORIZING THE
North, Range 3 East of the 5th P.M.,EXECUTION OF A COMMUNITY
Dubuque County, Iowa and any adjoiningECONOMIC BETTERMENT ACCOUNT
public right-of-way. (Hereinafter called theLOAN AGREEMENT FOR FIFTY
East 7th Street Economic DevelopmentTHOUSAND DOLLARS ($50,000) WITH
District.)CARTEGRAPH SYSTEMS, INC.
Section 2. That the redevelopment of theWhereas, the Community Economic
Regular Session, April 7, 1997
Betterment Account (CEBA) program hasof the City Council of the City of Dubuque,
been created by the Iowa Department ofIowa, all necessary loan documents and is
Economic Development to assist in thefurther authorized to disburse loan funds in
economic development efforts of localaccordance with the terms and conditions of
jurisdictions; andthe executed agreement.
Whereas, on February 20, 1997, the City ofPassed, approved and adopted this 7th day
Dubuque, Iowa was awarded a fifty thousandof April 1997.
dollar ($50,000) forgivable loan from theTerrance M. Duggan, Mayor
CEBA program by the Iowa Department ofAttest: Mary A. Davis, City Clerk
Economic Development; andCouncil Member Buol moved adoption of
Whereas, the City of Dubuque, Iowathe Resolution. Seconded by Council Member
desires to assist CarteGraph Systems, Inc. inRobbins. Motion carried 7-0.
its efforts to expand its operations in Dubuque
and create new, permanent employmentRESOLUTION 147- 97
opportunities for local citizens; andA RESOLUTION AUTHORIZING ECIA
Whereas, a CEBA Loan Agreement, heretoBUSINESS GROWTH, INC. TO PROCEED
attached and by this reference made a partWITH A LOAN FROM THE CITY OF
hereof, is to be executed between the IowaDUBUQUE'S PORTION OF THE EDA
Department of Economic Development,REVOLVING LOAN FUND OF ONE
CarteGraph Systems, Inc. and the City ofHUNDRED FOUR THOUSAND DOLLARS
Dubuque, Iowa.($104,000) TO CARTEGRAPH SYSTEMS,
NOW, THEREFORE, BE IT RESOLVEDINC.
BY THE CITY COUNCIL OF THE CITY OFWhereas, the City of Dubuque has funded
DUBUQUE, IOWA:a portion of the Economic Development
Section 1.That the Mayor andAdministration's (EDA) Revolving Loan Fund
Corporation Counsel be and they are hereby(RLF) which is administered by ECIA
authorized and directed to endorse, on behalfBusiness Growth, Inc.; and
of the City Council of the City of Dubuque,Whereas, CarteGraph Systems, Inc. has
Iowa, the attached CEBA Loan Agreement.requested financial assistance from ECIA
Section 2.That the City Manager be andBusiness Growth, Inc. of one hundred four
he is hereby authorized to disburse loan fundsthousand ($104,000) to purchase equipment
to CarteGraph Systems, Inc. from the CEBAas part of their planned business expansion;
program in accordance with the terms andand
conditions of the executed Agreement.Whereas, ECIA Business Growth, Inc. has
Passed, approved and adopted this 7th dayreviewed the request and asked that the City
of April, 1997.Council authorize the use of loan funds from
Terrance M. Duggan, Mayorthe City of Dubuque's portion of the EDA
Attest: Mary A. Davis, City ClerkRevolving Loan Fund; and
Council Member Buol moved adoption ofWhereas, the City of Dubuque, Iowa
the Resolution. Seconded by Council Memberdesires to assist CarteGraph Systems, Inc. in
Robbins. Motion carried 7-0. this expansion.
NOW, THEREFORE, BE IT RESOLVED
RESOLUTION 146-97BY THE CITY COUNCIL OF THE CITY OF
A RESOLUTION AUTHORIZING THEDUBUQUE, IOWA:
EXECUTION OF A CITY OF DUBUQUESection 1. That ECIA Business Growth,
ECONOMIC DEVELOPMENT LOANInc. is hereby authorized to proceed with a
AGREEMENT FOR THIRTY THOUSANDloan of $104,000 to CarteGraph Systems, Inc.
DOLLARS ($30,000) TO CARTEGRAPHfrom the City of Dubuque's portion of the EDA
SYSTEMS, INC.Revolving Loan Fund.
Whereas, the City of Dubuque has fundedSection 2. That the City Clerk is hereby
an economic development loan program todirected to notify ECIA Business Growth, Inc.
support the growth and expansion of new andof said authorization by transmitting a certified
existing businesses; andcopy of this Resolution.
Whereas, CarteGraph Systems, Inc., aPassed, approved and adopted this 7th day
local software development company, hasof April 1997.
proposed the expansion of its existingTerrance M. Duggan, Mayor
operations; andAttest: Mary A. Davis, City Clerk
Whereas, the City of Dubuque, Iowa hasCouncil Member Buol moved adoption of
considered said proposal and has determinedthe Resolution. Seconded by Council Member
that the proposed project will contribute to theRobbins. Motion carried 7-0.
local economy through the creation of jobs for
area residents.City Manager recommending City purchase
NOW, THEREFORE, BE IT RESOLVEDremanufactured 1986 buses instead of
BY THE CITY COUNCIL OF THE CITY OFrebuilding 1976 buses, presented and read.
DUBUQUE, IOWA:Council Member Michalski moved that the
Section 1. That a City of Dubuquecommunication be received and filed and
Economic Development Loan in the amount ofapproved recommendations. Seconded by
$30,000 is hereby approved to CarteGraphCouncil Member Voetberg. Motion carried 7-
Systems, Inc.0.
Section 2. That the City Manager is hereby
authorized to prepare and execute, on behalfCity Manager recommending approval of
Regular Session, April 7, 1997
Loan Agreement with Dubuque Food Pantry,of April, 1997.
Inc., presented and read. Council MemberTerrance M. Duggan, Mayor
Voetberg moved that the communication beAttest: Mary A. Davis, City Clerk
received and filed and approved the LoanCouncil Member Buol moved adoption
Agreement. Seconded by Council Memberof the Resolution. Seconded by Council
Buol. Motion carried 7-0. Member Voetberg. Motion carried 7-0.
RESOLUTION 148-97RESOLUTION NO. 150-97
A RESOLUTION AUTHORIZING A LOANFIXING DATE OF HEARING ON
AGREEMENT WITH DUBUQUE FOODPLANS AND SPECIFICATIONS
PANTRY, INC IN THE AMOUNT OF $90,000Whereas, the City Council of the City of
TO BE FUNDED WITH COMMUNITYDubuque, Iowa has given its preliminary
DEVELOPMENT BLOCK GRANT FUNDS.approval on the proposed plans,
Whereas, the City of Dubuque, Iowa, is aspecifications, and form of contract and
participating city in the Communityplaced same on file in the office of the City
Development Block grant (CDBG) Program ofClerk for public inspection of the SUTTON
the United States Department of Housing andPOOL LIGHTING PROJECT.
Urban Development; andNOW, THEREFORE, BE IT RESOLVED,
Whereas, the Dubuque Food Pantry is aBY THE CITY COUNCIL OF THE CITY OF
non-profit corporation whose purpose is toDUBUQUE, IOWA, that on the 5th day of
provide a means for gathering, storing andMay, 1997, a public hearing will be held on
dispensing food to persons in need of7:00 p.m. in the Public Library Auditorium, at
temporary help and meeting their food needs;which time interested persons may appear and
and be heard for or against the proposed plans
Whereas, the City desires to encourage theand specifications, form of contract and cost
Dubuque Food Pantry, Inc in its efforts toof said improvement, and the City Clerk be
acquire and rehabilitate the building at 1592-and is hereby directed to cause a notice of
1598 Jackson Street, Dubuque, Iowa for usetime and place of such hearing to be
as a food pantry for residents of the low andpublished in a newspaper having general
moderate income area: circulation in the City of Dubuque, Iowa, which
NOW, THEREFORE, BE IT RESOLVEDnotice shall be not less than four days nor
BY THE CITY COUNCIL OF THE CITY OFmore than twenty days prior to the day fixed for
DUBUQUE, IOWA:its consideration. At the hearing, any
Section 1. That a loan to Dubuque Foodinterested person may appear and file
Pantry, Inc. in the amount of $90,000 ofobjections to the proposed plans,
Community Development Block Grant (CDBG)specifications, contract, or estimated cost of
funds is hereby approved.the improvement.
Section 2. That the City Manager isPassed, approved and adopted this 7th day
hereby authorized to execute, on behalf of theof April, 1997.
City Council of the City of Dubuque, Iowa, theTerrance M. Duggan, Mayor
attached loan agreement and necessaryAttest: Mary A. Davis, City Clerk
documents.Council Member Buol moved adoption of
Passed, approved and adopted this 7th daythe Resolution. Seconded by Council Member
of April, 1997. Voetberg. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkRESOLUTION NO. 151-97
Council Member Voetberg moved adoptionORDERING BIDS
of the Resolution. Seconded by CouncilBE IT RESOLVED BY THE COUNCIL OF
Member Buol. Motion carried 7-0. THE CITY OF DUBUQUE, IOWA:
That the SUTTON POOL LIGHTING
City Manager submitting documentsPROJECT is hereby ordered to be advertised
providing for bidding process for Constructionfor bids for construction.
of the Sutton Pool Lighting Project, presentedBE IT FURTHER RESOLVED, that the
and read. Council Member Buol moved thatamount of the security to accompany each bid
the communication be received and filed.shall be in an amount which shall conform to
Seconded by Council Member Voetberg.the provisions of the notice to bidders hereby
Motion carried 7-0. approved as a part of the plans and
specifications heretofore adopted.
RESOLUTION NO. 149-97That the City Clerk is hereby directed to
PRELIMINARY APPROVAL OFadvertise for bids for the construction of the
PLANS AND SPECIFICATIONSimprovements herein provided, to be published
BE IT RESOLVED BY THE CITYin a newspaper having general circulation in
COUNCIL OF THE CITY OF DUBUQUE,the City of Dubuque, Iowa, which notice shall
IOWA:not be less than four days nor more than
That the proposed plans, specifications,twenty days prior to the receipt of said bids at
form of contract and estimated cost for the2:00 p.m. on the 23rd day of April, 1997. Bids
SUTTON POOL LIGHTING PROJECT, inshall be opened and read by the City Clerk at
the estimated amount of $39,000, are herebysaid time and will be submitted to the Council
approved and ordered filed in the office of thefor final action at 7:00 p.m. on the 5th day of
City Clerk, for public inspection.May, 1997.
Passed, approved and adopted this 7th dayPassed, approved and adopted this 7th day
Regular Session, April 7, 1997
of April, 1997.Member Buol. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk RESOLUTION NO. 154-97
Council Member Buol moved adoption ofORDERING BIDS
the Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED
Voetberg. Motion carried 7-0. BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
City Manager submitting documentsThat the Jackson Street at 26th Street
providing for bidding process for ConstructionTraffic Signals is hereby ordered to be
of Jackson Street at 26th Street Trafficadvertised for bids for construction.
Signals, presented and read. Council MemberBE IT FURTHER RESOLVED, that the
Michalski moved that the communication beamount of the security to accompany each bid
received and filed. Seconded by Councilshall be in an amount which shall conform to
Member Buol. Motion carried 7-0. the provisions of the notice to bidders hereby
approved as a part of the plans and
RESOLUTION NO. 152-97specifications heretofore adopted.
PRELIMINARY APPROVALThat the City Clerk is hereby directed to
OF PLANS AND SPECIFICATIONSadvertise 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 proposed plans, specifications,not be less than four days nor more than
form of contract and estimated cost for thetwenty days prior to the receipt of said bids at
Jackson Street at 26th Street Traffic Signals,2:00 p.m. on the 24th day of April, 1997. Bids
in the estimated amount of $34,841.20, areshall be opened and read by the City Clerk at
hereby approved and ordered filed in the officesaid time and will be submitted to the Council
of the City Clerk for public inspection.for final action at 7:00 p.m. on the 5th day of
Passed, adopted and approved this 7th dayMay, 1997.
of April, 1997.Passed, adopted and approved this 7th day
Terrance M. Duggan, Mayorof April, 1997.
Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Michalski moved adoptionAttest: Mary A. Davis, City Clerk
of the Resolution. Seconded by CouncilCouncil Member Michalski moved adoption
Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 153-97
FIXING DATE OF HEARINGCity Manager submitting documents
ON PLANS AND SPECIFICATIONSproviding for bidding process for Construction
Whereas, the City Council of the City ofof 1997 Curb Ramp Project, presented and
Dubuque, Iowa has given its preliminaryread. Council Member Buol moved that the
approval on the proposed plans,communication be received and filed.
specifications, and form of contract andSeconded by Council Member Voetberg.
placed same on file in the office of the CityMotion carried 7-0.
Clerk for public inspection of the Jackson
Street at 26th Street Traffic Signals.RESOLUTION NO. 155-97
NOW THEREFORE, BE IT RESOLVEDPRELIMINARY APPROVAL OF
BY THE CITY COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS
DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED
That on the 5th day of May, 1997, a publicBY THE CITY COUNCIL OF THE CITY OF
hearing will be held at 7:00 p.m. in the PublicDUBUQUE, IOWA:
Library Auditorium at which time interestedThat the proposed plans, specifications,
persons may appear and be heard for orform of contract and estimated cost for the
against the proposed plans and specifications,1997 Curb Ramp Construction Project, in the
form of contract and cost of said improvement,estimated amount of $83,933.33, are hereby
and the City Clerk be and is hereby directed toapproved and ordered filed in the office of the
cause a notice of time and place of suchCity Clerk for public inspection.
hearing to be published in a newspaper havingPassed, adopted and approved this 7th day
general circulation in the City of Dubuque,of April, 1997.
Iowa, which notice shall be not less than fourTerrance M. Duggan, Mayor
days nor more than twenty days prior to theAttest: Mary A. Davis, City Clerk
day fixed for its consideration. At the hearing,Council Member Buol moved adoption of
any interested person may appear and filethe Resolution. Seconded by Council Member
objections to the proposed plans,Voetberg. Motion carried 7-0.
specifications, contract, or estimated cost of
the improvement.RESOLUTION NO. 156-97
Passed, adopted and approved this 7th dayFIXING DATE OF HEARING
of April, 1997.ON PLANS AND SPECIFICATIONS
Terrance M. Duggan, MayorWhereas, the City Council of the City of
Attest: Mary A. Davis, City Clerk Dubuque, Iowa has given its preliminary
Council Member Michalski moved adoptionapproval on the proposed plans,
of the Resolution. Seconded by Councilspecifications, and form of contract and
Regular Session, April 7, 1997
placed same on file in the office of the Citygovernmental body would have to pay for that
Clerk for public inspection of the 1997 Curbproperty. Seconded by Council Member
Ramp Construction Project.Nicholson. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF At 9:36 Council reconvened Regular
DUBUQUE, IOWA:Session with statement that Staff had been
That on the 5th day of May, 1997, a publicgiven proper direction.
hearing will be held at 7:00 p.m. in the Public
Library Auditorium at which time interestedThere being no further business, Council
persons may appear and be heard for orMember Buol moved to adjourn the meeting.
against the proposed plans and specifications,Seconded by Council Member Voetberg.
form of contract and cost of said improvement,Motion carried 7-0. The meeting adjourned at
and the City Clerk be and is hereby directed to9:37.
cause a notice of time and place of such
hearing to be published in a newspaper havingMary A. Davis CMC
general circulation in the City of Dubuque,City Clerk
Iowa, which notice shall be not less than four
days nor more than twenty days prior to the
day fixed for its consideration. At the hearing,Approved , 1997
any interested person may appear and file
objections to the proposed plans,Adopted , 1997
specifications, contract, or estimated cost of
the improvement.
Passed, adopted and approved this 7th day
of April, 1997.Mayor
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
RESOLUTION NO. 157-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the 1997 Curb Ramp Construction
Project is hereby ordered to be advertised forCouncil Members
bids for construction.Attest:
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform toCity Clerk
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more than
twenty days prior to the receipt of said bids at
2:00 p.m. on the 24th day of April, 1997. Bids
shall be opened and read by the City Clerk at
said time and will be submitted to the Council
for final action at 7:00 p.m. on the 5th day of
May, 1997.
Passed, adopted and approved this 7th day
of April, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
At 8:39 p.m. Council Member Buol moved
to into Closed Session In accordance with
Chapter 21.5 1.(j) 1995 Code of Iowa To
discuss the purchase of particular real estate
where premature disclosure could be
reasonably expected to increase the price the
Regular Session, April 21, 1997
DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Regular Quarterly Meeting, Board of
Health,
Board met at 6:40 p.m., Monday, April 21,
1997, Public Library Auditorium
Present: Chairperson Duggan, Board
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg.
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.
Communication of City Manager submitting
documents for the FY 98 Community Services
Grant Application for Public Health Nursing
Services, Senior Health and Home Care Aide
Programs with the VNA as Project Director,
presented and read. Board Member Michalski
moved that the communication be received
and filed and the Grant application be
approved. Seconded by Board Member
Nicholson. Motion carried 7-0.
Julie McMahon, Director of the VNA, spoke
clarifying the application.
There being no further business, Board
Member Voetberg moved to adjourn.
Seconded by Board Member Buol. Motion
carried 7-0. The meeting adjourned at 6:51.
Karen M. Chesterman
Deputy Secretary, Board of Health
Approved 1997
Adopted 1997
Chairperson
Board Members
Attest:
Secretary, Board of Health
Regular Session, April 21, 1997
NOTICES OF CLAIMS/SUITS — Judith
DUBUQUE
Fondell in amount of $555.62 for vehicle
damages; Grand Opera House in amount of
$165.00 for sewer backup; Mark Hayes in
CITY COUNCIL
amount of $420.67 for vehicle damages;
Rhonda Kirkegaard in unknown amount for
personal injuries; Robert Mootz vs City & Civil
OFFICIAL
Service Comm. appealing Decision and Ruling
PROCEEDINGS
of the Civil Service Commission, presented
and read. Council Member Voetberg moved
that the claims and suits be referred to the
City Council, Regular Session, April 21,
Legal Staff for investigation and report.
1997
Seconded by Council Member Robbins.
Council met at 7:00 p.m., Public Library
Motion carried 7-0.
Auditorium
Present: Mayor Duggan, Council Members
Corporation Counsel recommending
Buol, Krieg, Michalski, Nicholson, Robbins,
approval of settlement of claim of Robert L.
Voetberg, City Manager Michael Van Milligen,
Burke in the amount of $192.52, presented
Corporation Counsel Barry A. Lindahl.
and read. Council Member Voetberg moved
that the communication be received and filed
Mayor Duggan read the call and stated this
and settlement approved. Seconded by
is the Regular Session of the City Council
Council Member Robbins. Motion carried 7-0.
called for the purpose to act upon such
business which may properly come before the
Council.
Corporation Counsel advising the following
claims be referred to Crawford & Co., the
Invocation was given by Rev. Duane
agent for the Iowa Communities Assurance
Manson, Chaplain of Luther Manor.
Pool: Property damage of Dubuque River
Terminal, Vehicle and injury claim of Michael
Proclamation: April 25, 1997 as “Arbor
K. Fleming, property damage claim of Hartig
Day” received by Gene Heineman of the
Drug Store, vehicle damage claim of David
Dubuque Arboretum.
Havelka, sewer backup claim of Stella
Jochum, vehicle damage claim of Limerock
Jeff Walters of the Sister City Committee
Springs, Inc. - Vendors Unlimited Corp.,
Introduced several visitors from Dubuque’s
personal injury claim of Marjorie McMahon,
Sister City Pyatigorsk, Russia. These six
property damage claim of Mary Ransdell,
Pyatigorsk representatives presented the
personal injury claim of Janaan Wallace,
Mayor for the City a gift of an exquisite vase.
vehicle damage claim of Melinda J. Walters,
Mayor Duggan presented them with gifts of
and Vehicle damage claim of Charles M.
our No. 1 rated water and also each a basket
White, presented and read. Council Member
of gifts which included locally made candy and
Voetberg moved that the claims and suits be
a book about the City.
referred to the Legal Staff for investigation
and report. Seconded by Council Member
MINUTES SUBMITTED — Civil Service
Robbins. Motion carried 7-0.
Comm. of 2-26; Housing Code Appeals Board
of 3-18; Housing Comm. of 3-11; Transit
Corporation Counsel recommending
Trustee Board of 3-13, presented and read.
approval of the denials of the following claims:
Council Member Voetberg moved that the
vehicle damage claim of Charles Haugen,
minutes be received and filed. Seconded by
vehicle damage claim of Jean J. Jagielski,
Council Member Robbins. Motion carried 7-
sewer backup claim of Robert Leytem’s for
0.
The Dog House, property damage claim of
Joseph L. Melssen; vehicle damage claim of
Minutes of the Historic Preservation Comm.
Kelli Wardle; and vehicle damage claim of
of 4-10, presented and read. Council Member
Steve Wirth, presented and read. Council
Michalski moved that the minutes be received
Member Voetberg moved that the
and filed. Seconded by Council Member Buol.
communications be received and filed and
Motion carried 7-0.
approved denials. Seconded by Council
Member Robbins. Motion carried 7-0.
Proof of Publication on publishing City
employees’ salaries for Calendar Year 1996
Corporation Counsel advising of Iowa Real
and Finance Director submitting Financial
Estate Commission Disclosure Requirements,
Reports for March 1997 and Quarterly
presented and read. Council Member
Investment Report; Convention and Visitors
Voetberg moved that the communication be
Bureau submitting Quarterly Report;
received and filed. Seconded by Council
Substance Abuse submitting Third Quarter
Member Robbins. Motion carried 7-0.
Report for FY 97 and TCI Cablevision of
Dubuque, Inc. submitting annual report (on file
Corporation Counsel submitting the
in the Clerk’s Office), presented and read.
proposed Juvenile Curfew Ordinance (Public
Council Member Voetberg moved that the
Hearing was set on April 7th for May 5, 1997),
proof and reports be received and filed.
presented and read. Council Member
Seconded by Council Member Robbins.
Voetberg moved that the communication be
Motion carried 7-0.
Regular Session, April 21, 1997
received and filed. Seconded by CouncilHistorical Neighborhood Ornamental Railing
Member Robbins. Motion carried 7-0. Project has been completed and the City
Manager has examined the work and filed his
Communication of Kenneth H. Boyd of IAcertificate stating that the same has been
Dept. of Economic Development advising ofcompleted according to the terms of the
completion of CEBA Contract #92-PRO-01 -contract, plans and specifications and
City of Dubuque - Eagle Point Softwarerecommends it acceptance.
(Engineering Data), presented and read.NOW THEREFORE, BE IT RESOLVED
Council Member Voetberg moved that theBY THE CITY COUNCIL OF THE CITY OF
communication be received and filed.DUBUQUE, IOWA:
Seconded by Council Member Robbins.Section 1. That the recommendation of the
Motion carried 7-0. City Manager be approved and that said
improvement be and the same is hereby
Dubuque Diamond Jo requestingaccepted.
permission to display fireworks on June 1,BE IT FURTHER RESOLVED that the City
1997 at about 9:00 p.m. on a barge NE of theTreasurer be and he is hereby directed to pay
floodwall entering the harbor, presented andto the contractor from Iowa Local Option Sales
read. Council Member Voetberg moved thatTax Funds in amount equal to the amount of
the request be approved subject tohis contract, less any retained percentage
implementation of the City Manager.provided for therein.
Seconded by Council Member Robbins.Passed, approved and adopted this 21st
Motion carried 7-0. day of April, 1997.
Terrance M. Duggan, Mayor
Petition of residents of J.F. Kennedy Rd.Attest:
and the 32nd Street area expressing concernsKaren M. Chesterman, Deputy City Clerk
about traffic and speed limits through theirCouncil Member Voetberg moved adoption
residential neighborhood, presented and read.of the Resolution. Seconded by Council
Council Member Voetberg moved that this beMember Robbins. Motion carried 7-0.
referred to the Manager. Seconded by
Council Member Robbins. Motion carried 7-0.RESOLUTION NO. 159-97
FINAL ESTIMATE
Whereas, the contract for the 11th Street
April 8, 1997Historical Neighborhood Ornamental Railing
Honorable Mayor and Members of theProject has been completed and the City
City CouncilEngineer has submitted his final estimate
In accordance with Chapter 400 of theshowing the cost thereof including the cost of
1995 Code of Iowa, the Civil Serviceestimates, notices and inspection and all
Commission conducted a written examinationmiscellaneous costs;
on March 26, 1997 for the position of UtilityNOW THEREFORE, BE IT RESOLVED
Worker.BY THE CITY COUNCIL OF THE CITY OF
We hereby certify that the following individualsDUBUQUE, IOWA:
have passed this written examination andSection 1. That the cost of said
vacancy for this position should be made fromimprovement is hereby determined to be
this list.$29,245.00 and the said amount shall be paid
UTILITY WORKERfrom Iowa Local Option Sales Tax Funds of
Patrick DeHeckRaymond Behnkethe City of Dubuque, Iowa.
Ernie WestbyRonald SwiftPassed, approved and adopted this 21st
Randy Vaske Mark Wallaceday April, 1997.
Thomas WoodsJack RenoTerrance M. Duggan, Mayor
Morris DiesburgAlvy KennedyAttest:
Respectfully submitted, Karen M. Chesterman, Deputy City Clerk
/s/ Merle J. Duehr, Jr., ChairpersonCouncil Member Voetberg moved adoption
/s/ Thomas E. Rawsonof the Resolution. Seconded by Council
Civil Service CommissionMember Robbins. Motion carried 7-0.
Council Member Voetberg moved to make
this certification a matter of record. SecondedZoning Advisory Commission advising of
by Council Member Robbins. Motion carriedtheir approval of the final plat of 2914-2940
7-0. Pinard St., to Subdivide existing property into
3 new lots, one with frontage on an
City Manager submitting documentsunimproved Brunswick St. for Myrtle
providing for the acceptance for the 11thLaunspach, presented and read. Council
Street and Historical NeighborhoodMember Voetberg moved that the
Ornamental Railing Project, presented andcommunication be received and filed.
read. Council Member Voetberg moved thatSeconded by Council Member Robbins.
the communication be received and filed.Carried by the following vote: Yeas—Council
Seconded by Council Member Robbins.Members Buol, Krieg, Michalski, Nicholson,
Motion carried 7-0. Robbins, Voetberg. Nays—None.
Abstain—Mayor Duggan.
RESOLUTION NO. 158-97
ACCEPTING IMPROVEMENT
Whereas, the contract for the 11th StreetRESOLUTION NO. 160-97
Regular Session, April 21, 1997
A RESOLUTION APPROVING THE FINALCity Manager requesting Worksession on
PLAT OF LOT 1, LOT 2, LOT 3 AND LOT AJune 30, 1997 at 4:30 p.m. in the Library
OF MYRTLE’S PLACE IN THE CITY OFAuditorium for the Mississippi Riverwalk] and
DUBUQUE, IOWA.Amenities Project, presented and read.
Whereas, there has been filed with the CityCouncil Member Voetberg moved that the
Clerk a Final Plat of Lot 1, Lot 2, Lot 3 and Lotrequest be approved and the Worksession set
A of Myrtle’s Place in the City of Dubuque,for 6-30-97 at 4:30 p.m. Seconded by Council
Iowa; andMember Robbins. Motion carried 7-0.
Whereas, said plat has been examined by
the Zoning Advisory Commission and has itsCity Manager and Police Chief advising the
approval endorsed thereon; andfollowing establishments have waived their
Whereas, said plat dedicates “Lot A” to therights to a public hearing for a thirty day
City of Dubuque as right-of-way for futuresuspension: Mulgrew Oil Co. dba Plaza 20
street improvements; andAmoco Foodshop, 2600 Dodge and Oky Doky
Whereas, said final plat has been#21 LLC, 2010 Kerper Blvd.; 5-Point Mart, Inc.
examined by the City Council and they find405 Rhomberg and HyVee Inc. 3500 Dodge,
that it conforms to the statutes and ordinanceswaiving a Public Hearing requirement for
relating thereto.$300.00 assessment, presented and read.
NOW THEREFORE, BE IT RESOLVEDCouncil Member Voetberg moved that the
BY THE CITY COUNCIL OF THE CITY OFcommunications be received and filed.
DUBUQUE, IOWA:Seconded by Council Member Robbins.
Section 1.That the dedication of Lot AMotion carried 7-0.
as right-of-way for future street improvements,
as it appears upon said final plat be and theCommunication of City Manager submitting
same are hereby accepted; anddocuments authorizing publication of a
Section 2.That the Plat of Survey of LotCombined Notice of Finding of No Significant
1, Lot 2, Lot 3 and Lot A of Myrtle’s Place inEffect on the Environment and Notice of Intent
the City of Dubuque, Iowa is hereby approvedto Request Release of Funds for Bus
and the Mayor and City Clerk are herebyShelters, presented and read. Council
authorized and directed to endorse theMember Voetberg moved that the
approval of the City of Dubuque, Iowa, uponcommunication be received and filed.
said final plat.Seconded by Council Member Robbins.
Passed, approved and adopted this 21stMotion carried 7-0.
day of April, 1997.
Terrance M. Duggan, MayorRESOLUTION NO. 161 -97
Attest:A RESOLUTION AUTHORIZING
Karen M. Chesterman, Deputy City ClerkPUBLICATION OF A COMBINED NOTICE
ACCEPTANCE OFOF NO SIGNIFICANT IMPACT ON THE
RESOLUTION NO. 160-97ENVIRONMENT AND NOTICE OF INTENT
I, the undersigned, Myrtle Launspach,TO REQUEST RELEASE OF COMMUNITY
having read the terms and conditions of theDEVELOPMENT BLOCK GRANT FUNDS
Resolution No. 160-97 and being familiar withFOR BUS SHELTERS AT THE CORNER
the conditions thereof, hereby accept thisOF 24TH AND JACKSON AT COMISKEY
same and agree to the conditions requiredPARK, 1800 ELM AND AT JACKSON PARK
therein.ON 16TH AND MAIN .
Dated in Dubuque, Iowa this 29th day ofWhereas, an environmental assessment
April, 1997.has been completed for the location of bus
By /s/ Myrtle Launspachshelters. at the corner of 24th and Jackson at
Council Member Voetberg moved adoptionComiskey Park, 1800 Elm and at Jackson
of the Resolution. Seconded by CouncilPark on 16th and Main to be financed with
Member Robbins. Carried by the followingCommunity Development Block Grant funds;
vote: Yeas—Council Member Buol, Krieg,and
Michalski, Nicholson, Robbins, Voetberg.Whereas, based on said environmental
Nays—None. Abstain—Mayor Duggan.review, the Department of Community and
Economic Development has determined that
City Manager submitting response to lettersaid projects will have no significant impact on
from Attorney Brendan Quann representingthe environment; and
the Molo Oil Co. concerning Police proceduresWhereas, combined notice of " Finding of
for alcoholic beverage sales violation,No Significant Effect on the Environment" and
presented and read. Council Memberof "Intent to Request Release of Funds" for
Voetberg moved that the communication besaid projects will be sent by regular mail to
received and filed. Seconded by Councilvarious federal, state and local public
Member Robbins. Motion carried 7-0. agencies; to the appropriate Regional Office of
the Environmental Protection Agency, to the
City Manager submitting information on theHUD Area Office and to the local news media,
FY 1998 adopted budget, presented and read.individuals and groups known to be interested
Council Member Voetberg moved that theand believed to be appropriate to receive such
communication be received and filed.a notice; and
Seconded by Council Member Robbins.Whereas, any and all comments received
Motion carried 7-0. as a result of such notice will be duly
considered before proceeding with a Request
Regular Session, April 21, 1997
for Release of Funds and Certification.have filed proper bonds.
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:That the Manager be authorized to cause to
Section 1. That the City Clerk be and shebe issued the following named applicants a
is hereby authorized and directed to publish aBeer Permit.
combined " Notice of Finding of No SignificantCLASS “B” BEER PERMIT
Impact on the Environment" and "Notice ofC.K. of Dubuque, Inc.Country Kitchen
Intent to Request Release of Funds" for the+(Sunday Sales)3187 University
following identified project in low/moderatePassed, approved and adopted this 21st
income areas and to make the Environmentalday April, 1997.
Review Record for said project available forTerrance M. Duggan, Mayor
public inspection and comment until 4:30 p.m.Attest: Karen M. Chesterman
Friday, May 9, 1997. Such notice shall be inCouncil Member Voetberg moved adoption
the form of Exhibit "A" attached hereto andof the Resolution. Seconded by Member
made a part hereof.Robbins. Motion carried 7-0.
Bus Shelters at the corner of 24th and
Jackson at Comiskey Park, 1800 Elm andRESOLUTION NO. 163-97
at Jackson Park on 16th and MainWhereas, applications for Liquor Licenses
Section 2. That the environmental reviewhave been submitted to this Council for
record for the projects shall be placed on fileapproval and the same have been examined
in the Office of the City Clerk where saidand approved; and
record may be examined and copied by any Whereas, the premises to be occupied by
interested party.such applicants were inspected and found to
Section 3. That the Mayor of the City ofcomply with the State Laws and all City
Dubuque is hereby authorized and directed toOrdinances relevant thereto and they have
submit to the U.S. Department of Housing andfiled proper bonds.
Urban Development fifteen (15) days afterNOW, THEREFORE, BE IT RESOLVED
publication of appropriate notice a Request forBY THE CITY COUNCIL OF THE CITY OF
Release of Funds to undertake said project.DUBUQUE, IOWA:
Section 4. That the Mayor of the CityThat the Manager be authorized to cause to
of Dubuque is hereby authorized to consent tobe issued the following named applicants a
assume the status of a responsible federalLiquor License.
official under the National EnvironmentalCLASS "C" (COMMERCIAL)
Protection Act, insofar as the provisions of theBEER & LIQUOR LICENSE
said Act apply to the U.S. Department ofMurph’s Southend Tap
Housing and UrbanMurph’s Southend Tap55 Locust St.
Development responsibilities for review,Chad A StreffWhiskey River
decision making, and action assumed and +(Sunday Sales)1064 University
carried out by the City of Dubuque as toGMRI, IncOlive Garden Rest.
environmental issues.+(Sunday Sales)3350 Dodge
Section 5. That the Mayor of the City ofDonna GinterWest Dubuque Tap
Dubuque is hereby authorized to consent+(Sunday Sales)1701 University
personally, in his official capacity and onPassed, approved and adopted this 21st
behalf of the City of Dubuque, to accept theday of April, 1997.
jurisdiction of the federal courts if an action isTerrance M. Duggan, Mayor
brought to enforce responsibilities in relation toAttest:
environmental review, decision making andKaren M. Chesterman, Deputy City Clerk
action.Council Member Voetberg moved adoption
Section 6. That the Mayor of the City ofof the Resolution. Seconded by Council
Dubuque be and he is hereby authorized andMember Robbins. Motion carried 7-0.
directed to execute a certification pertaining to
the environmental review procedures.City Manager requesting further direction
Passed, approved and adopted this 21stregarding “Iowa in Motion” Draft
day of April, 1997.Transportation Plan, presented and read.
Terrance M. Duggan, MayorCouncil Member Buol moved that it be
Attest:resolved that a document be prepared that
Karen M. Chesterman, Deputy City Clerkwould express the Council’s concerns.
Council Member Voetberg moved adoptionSeconded by Council Member Voetberg.
of the Resolution. Seconded by CouncilMotion carried 7-0.
Member Robbins. Motion carried 7-0.
City Manager submitting documents for
RESOLUTION NO. 162-97traffic control at Associates Drive and
Whereas, applications for Beer PermitsChavenelle Rd., and Associates Drive and the
have been submitted and filed to this CouncilNorthwest Arterial, providing for the installation
for approval and the same have beenof stop signs for northbound and southbound
examined and approved; and traffic on Associates Dr. at Chavenelle Rd.
Whereas, the premises to be occupied byand for westbound traffic on Associates Dr. at
such applicants were inspected and found tothe Northwest Arterial, presented and read.
comply with the Ordinances of this City andCouncil Member Buol moved that the
Regular Session, April 21, 1997
communication be received and filed.Transportation by May 1, 1997 for the purpose
Seconded by Council Member Voetberg.of allocating Road Use Tax Funds to
Motion carried 7-0. municipalities; and
Whereas, this Council has reviewed the
An Ordinance Amending the Code oftentative Street Construction Program as
Ordinances of the City of Dubuque, Iowa, bysubmitted.
modifying Subsection (b) of Section 32-214NOW, THEREFORE, BE IT RESOLVED
thereof providing for the Addition of StopBY THE CITY COUNCIL OF THE CITY OF
Signs at the Intersection of Associates DriveDUBUQUE, IOWA:
and Chavenelle Dr., presented and read. Section 1. That the tentative Five Year
Street Construction Program for Fiscal Year
(OFFICIAL PUBLICATION)1998 through 2002 be and the same is hereby
ORDINANCE NO. 26-97approved and the Mayor is hereby authorized
AN ORDINANCE AMENDING THE CODEand directed to sign this resolution.
OF ORDINANCES OF THE CITY OFSection 2. That the City Manager is hereby
DUBUQUE, IOWA, BY MODIFYINGauthorized and directed to forward the
SUBSECTION (b) OF SECTION 32-214required documents relating to the Five Year
THEREOF PROVIDING FOR THEStreet Construction program to the Iowa
ADDITION OF STOP SIGNS AT THEDepartment of Transportation.
INTERSECTION OF ASSOCIATES DRIVEPassed, approved and adopted this 21st
AND CHAVENELLE ROADday of April, 1997.
NOW, THEREFORE, BE IT ORDAINEDTerrance M. Duggan, Mayor
BY THE CITY COUNCIL OF THE CITY OFAttest:
DUBUQUE, IOWA:Karen M. Chesterman, Deputy City Clerk
Section 1. That the Code of Ordinances ofCouncil Member Voetberg moved adoption
the City of Dubuque, Iowa be amended byof the Resolution. Seconded by Council
adding Associates Drive to Subsection (b) ofMember Robbins. Motion carried 7-0.
Section 32-214 thereof as follows:
“Sec. 32-214. Stop Intersections.Proof of Publication on Notice to Bidders
(b)on Receipt of Bids for the Reconstruction of
*. . . . . *. . . . . *. . . . . *. . . . . *Cedar Cross - Fremont Intersection Project
NORTHBOUND AND SOUTHBOUNDand City Manager recommending to award
Associates Drive and Chavenelle Road.contract for project, presented and read.
WESTBOUNDCouncil Member Michalski moved that the
Associates Drive and Northwest Arterial.proof and communication be received and
Passed, approved and adopted this 21stfiled. Seconded by Council Member Voetberg.
day of April, 1997.Carried by the following vote: Yeas—Mayor
Terrance M. Duggan, MayorDuggan, Council Members Buol, Krieg,
Attest: Michalski, Nicholson, Voetberg.
Karen M. Chesterman, Deputy City ClerkNays—Council Member Robbins.
Published officially in the Telegraph Herald
RESOLUTION NO. 165-97
newspaper this 25th day of April, 1997.
AWARDING CONTRACT
1t 4/25
Whereas, sealed proposals have been
Karen M. Chesterman, Deputy City Clerk
submitted by contractors for the Cedar
Council Member Buol moved that the
Cross/Fremont Avenue Intersection
requirement that a proposed Ordinance be
Reconstruction Project pursuant to Resolution
considered and voted on for passage at two
No. 114-97 and notice to bidders published in
Council Meetings prior to the meeting at which
a newspaper published in the City of
it is to be finally passed be suspended.
Dubuque, Iowa on the 17th day of March,
Seconded by Council Member Voetberg.
1997.
Motion carried 7-0. Council Member Buol
Whereas, said sealed proposals were
moved final consideration and passage of the
opened and read on the 10th day of April,
Ordinance. Seconded by Council Member
Voetberg. Motion carried 7-0. 1997 and it has been determined that the bid
of Horsfield Construction of Epworth, Iowa in
City Manager submitting the Tentative Fivethe amount of $683,993.20 was the lowest bid
Year Street Construction report, presentedfor the furnishings of all labor and materials
and read. Council Member Voetberg movedand performing the work as provided for in the
that the communication be received and filed.plans and specifications.
Seconded by Council Member Robbins.NOW THEREFORE, BE IT RESOLVED
Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 164-97That the contract for the above
RESOLUTION APPROVING TENTATIVEimprovement be awarded to Horsfield
Construction and the Manager be and is
FIVE YEAR STREET CONSTRUCTION
hereby directed to execute a contract on
PROGRAM
behalf of the City of Dubuque for the complete
. . Whereas, there has been prepared a
performance of the work.
tentative Street Construction program for
BE IT FURTHER RESOLVED:
Fiscal Year 1998 through 2002; and
That upon the signing of said contract and
Whereas, said construction program must
the approval of the contractor's bond, the City
be filed with the Iowa Department of
Regular Session, April 21, 1997
Treasurer is authorized and instructed toAMENDMENT TO THE FISCAL YEAR 1997
return the bid deposits of the unsuccessfulBUDGET AND DATE OF PUBLIC HEARING
bidders.Whereas, it is proposed that the City of
Passed, approved and adopted this 21stDubuque amend its Fiscal Year 1997 budget;
day of April, 1997.and
Terrance M. Duggan, MayorWhereas, Section 384.16 of the Code of
Attest:Iowa stipulates that a public hearing must be
Karen M. Chesterman, Deputy City Clerkheld on such a budget amendment.
Council Member Michalski moved adoptionNOW, THEREFORE, BE IT RESOLVED
of the Resolution. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Voetberg. Carried by the followingDUBUQUE, IOWA.
vote: Yeas—Mayor Duggan, Council MembersSection 1. That the City Clerk be and is
Buol, Krieg, Michalski, Nicholson, Voetberg.hereby authorized and directed to publish
Nays—Council Member Robbins.notice of public hearing on an amendment to
the adopted budget for the City of Dubuque,
RESOLUTION NO. 166-97Iowa.
RESOLUTION APPROVING FUNDINGPassed, approved and adopted this 21st
AGREEMENT WITH DUBUQUE COUNTYday of April, 1997.
RELATING TO THE RECONSTRUCTIONTerrance M. Duggan, Mayor
OF A PORTION OF NORTH CASCADEAttest:
ROAD WESTERLY FROM ITSKaren M. Chesterman, Deputy City Clerk
INTERSECTION WITH CEDAR CROSSCouncil Member Krieg moved adoption of
ROADthe Resolution. Seconded by Council Member
Whereas, the City of Dubuque is proposingRobbins. Motion carried 7-0.
to reconstruct the intersection of Cedar Cross
Road, Fremont Avenue, and North CascadeZoning Advisory Commission advising of
Road; andtheir approval of requested rezoning of 1600
Whereas, Dubuque County is desirous ofManson Road from AG Agricultural to R1
extending the reconstruction of North CascadeResidential for Karen & Gary Newt, presented
Road westerly of the Dubuque City limits; andand read. Council Member Voetberg moved
Whereas, Dubuque County has preparedthat the communication be received and filed.
a Funding Agreement to reimburse the City ofSeconded by Council Member Buol. Motion
Dubuque for the County’s proportionate sharecarried 7-0.
of the reconstruction project; and
Whereas, the City Council of the City ofAn Ordinance Amending Zoning Map by
Dubuque approves the terms and conditionsreclassifying property at 1600 Manson Road
of said Funding Agreement.from AG Agricultural to R1 Single Family
NOW, THEREFORE, BE IT RESOLVEDResidential District, presented and read.
BY THE CITY COUNCIL OF THE CITY OFCouncil Member Voetberg moved that the
DUBUQUE, IOWA:requirement that a proposed Ordinance be
Section 1. That the attached City ofconsidered and voted on for passage at two
Dubuque and Dubuque County FundingCouncil Meetings prior to the meeting at which
Agreement for the reconstruction of a portionit is to be finally passed be suspended.
of North Cascade Road in Section 34 ofSeconded by Council Member Buol. Motion
Dubuque Township be approved.carried 7-0. Council Member Voetberg moved
Section 2. That the Mayor be authorizedthat a Public Hearing be held on the proposed
and directed to execute two copies of the CityOrdinance on the 5th day of May, 1997 at 7:00
of Dubuque and Dubuque County Fundingp.m. in the Public Library Auditorium and
Agreement.direct the City Clerk to publish notice in the
Passed, approved and adopted this 21stmanner prescribed by law. Seconded by
day of April, 1997.Council Member Buol. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest:Zoning Advisory Commission advising of
Karen M. Chesterman, Deputy City Clerktheir approval, with conditions, of the
Council Member Michalski moved adoptionrequested rezoning from AG Agricultural Dis.
of the Resolution. Seconded by Councilto PUD Planned Unit Development with a PI
Member Voetberg. Carried by the followingPlanned Industrial designation to allow
vote: Yeas—Mayor Duggan, Council Membersdevelopment of an industrial park at the
Buol, Krieg, Michalski, Nicholson, Voetberg.Southeast Corner of Highway 61/151 and
Nays—Council Member Robbins.Lake Eleanor, presented and read. Council
Member Voetberg moved that the
City Manager requesting Public Hearing becommunication be received and filed.
set for FY 97 Budget Amendment, presentedSeconded by Council Member Buol. Motion
and read. Council Member Krieg moved thatcarried 7-0.
the communication be received and filed.
Seconded by Council Member Robbins.An Ordinance Amending the Zoning Map
Motion carried 7-0. by reclassifying property at the SE Corner of
Highway 61/151 and Lake Eleanor Rd. from
RESOLUTION NO. 167-97AG Agricultural Dis. to PUD Planned Unit
RESOLUTION DIRECTING THE CITYDevelopment Dis. with a PI Planned Industrial
CLERK TO PUBLISH PROPOSEDDis. Designation and Adopting a Conceptual
Regular Session, April 21, 1997
Development Plan, with Conditions, for thePaving Project.
Dubuque Industrial Center - South, presentedNOW THEREFORE, BE IT RESOLVED
and read. Council Member Voetberg movedBY THE CITY COUNCIL OF THE CITY OF
that the requirement that a proposedDUBUQUE, IOWA:
Ordinance be considered and voted on forThat on the 19th day of May, 1997, a public
passage at two Council Meetings prior to thehearing will be held at 7:00 p.m. in the Public
meeting at which it is to be finally passed beLibrary Auditorium at which time interested
suspended. Seconded by Council Memberpersons may appear and be heard for or
Buol. Motion carried 7-0. Council Memberagainst the proposed plans and specifications,
Voetberg moved that a Public Hearing be heldform of contract and cost of said improvement,
on the proposed Ordinance on the 5th day ofand the City Clerk be and is hereby directed to
May, 1997 at 7:00 p.m. in the Public Librarycause a notice of time and place of such
Auditorium and that the City Clerk publishhearing to be published in a newspaper having
notice in the manner prescribed by law.general circulation in the City of Dubuque,
Seconded by Council Member Buol. MotionIowa, which notice shall be not less than four
carried 7-0. days nor more than twenty days prior to the
day fixed for its consideration. At the hearing,
City Manager and Police Chiefany interested person may appear and file
recommending to set public hearings for 5-5-objections to the proposed plans,
97 regarding assessment of License Penaltiesspecifications, contract, or estimated cost of
for Alcohol Violations (Mulgrew Oil dbathe improvement.
Asbury Amoco Foodshop, 3300 Asbury; ArPassed, adopted and approved this 21st
Con Inc. dba Arbys/C-Store, 10 Main St.; Moloday of April, 1997.
Oil Co, dba Big 10 Mart Car Wash, 1875Terrance M. Duggan, Mayor
J.F.K. Road; Hill Street Plaza, Inc. dba OkyAttest:
Doky #8 Foods, 535 Hill St., presented andKaren M. Chesterman, Deputy City Clerk
read. Council Member Voetberg moved thatCouncil Member Voetberg moved adoption
the communications be received and filed andof the Resolution. Seconded by Council
set for Public Hearing on 5-5-97 at 7:00 p.m.Member Krieg. Motion carried 7-0.
in the Public Library Auditorium and noticeRESOLUTION NO. 170-97
given as prescribed by law. Seconded byORDERING BIDS
Council Member Robbins. Motion carried 7-NOW THEREFORE, BE IT RESOLVED
0. BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
City Manager submitting documents for theThat the 1997 Asphalt Paving Project is
public bidding procedure for the Asphalthereby ordered to be advertised for bids for
Paving Project, presented and read. Councilconstruction.
Member Voetberg moved that theBE IT FURTHER RESOLVED, that the
communications be received and filed.amount of the security to accompany each bid
Seconded by Council Member Krieg. Motionshall be in an amount which shall conform to
carried 7-0. the provisions of the notice to bidders hereby
approved as a part of the plans and
RESOLUTION NO. 168-97specifications heretofore adopted.
PRELIMINARY APPROVALThat the City Clerk is hereby directed to
OF PLANS AND SPECIFICATIONSadvertise 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 proposed plans, specifications,not be less than four days nor more than
form of contract and estimated cost for thetwenty days prior to the receipt of said bids at
1997 Asphalt Paving Project, in the estimated2:00 p.m. on the 8th day of May, 1997. Bids
amount of $1,189,020.34, are herebyshall be opened and read by the City Clerk at
approved and ordered filed in the office of thesaid time and will be submitted to the Council
City Clerk for public inspection.for final action at 7:00 p.m. on the 19th day of
Passed, adopted and approved this 21stMay, 1997.
day of April, 1997.Passed, adopted and approved this 21st
Terrance M. Duggan, Mayorday of April, 1997.
Attest:Terrance M. Duggan, Mayor
Karen M. Chesterman, Deputy City ClerkAttest:
Council Member Voetberg moved adoptionKaren M. Chesterman, Deputy City Clerk
of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption
Member Krieg. Motion carried 7-0. of the Resolution. Seconded by Council
RESOLUTION NO. 169-97Member Krieg. Motion carried 7-0.
FIXING DATE OF HEARINGCity Manager submitting documents
ON PLANS AND SPECIFICATIONSproviding for the bidding process for the 1997
Whereas, the City Council of the City ofP.C. Concrete Paving Project (FY 1998),
Dubuque, Iowa has given its preliminarypresented and read. Council Member
approval on the proposed plans,Michalski moved that the communication be
specifications, and form of contract andreceived and filed. Seconded by Council
placed same on file in the office of the CityMember Buol. Motion carried 7-0.
Clerk for public inspection of the 1997 Asphalt
Regular Session, April 21, 1997
RESOLUTION NO. 171-97Council, for the 1997 P.C. Concrete Paving
PRELIMINARY APPROVALProject.
OF PLANS AND SPECIFICATIONSNOW 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:That the City Council deems it advisable
That the proposed plans, specifications,and necessary for the public welfare to make
form of contract and estimated cost for thethe herein mentioned improvements, and
1997 P.C. Concrete Paving Project, in theunless property owners at the time of the final
estimated amount of $1,169,796.73, areconsideration of this proposed resolution have
hereby approved and ordered filed in the officeon file with the City Clerk objections to the
of the City Clerk for public inspection.resolution of necessity, they shall be deemed
Passed, adopted and approved this 21stto have waived all objections pertaining to the
day of April, 1997.regularity of the proceeding and the legality of
Terrance M. Duggan, Mayorusing the special assessment procedure.
Attest:Said improvements shall be constructed
Karen M. Chesterman, Deputy City Clerkand done in accordance with the plans and
Council Member Michalski moved adoptionspecifications which have been approved by
of the Resolution. Seconded by Councilthe City Council and now on file with the City
Member Buol. Motion carried 7-0. Clerk. That the cost and expense of making
such improvement will be assessed partially or
RESOLUTION NO. 172-97totally against privately owned property lying
FIXING DATE OF HEARINGwith the assessment limits, and in an amount
ON PLANS AND SPECIFICATIONSnot to exceed that provided by law, and in
Whereas, the City Council of the City ofproportion to the special benefits conferred.
Dubuque, Iowa has given its preliminaryThe portion of the cost which shall be
approval on the proposed plans,borne by the City will be paid from Local
specifications, and form of contract andOption Sales Tax Funds, and special
placed same on file in the office of the Cityassessment bonds may be issued in
Clerk for public inspection of the 1997 P.C.anticipation of deferred payments of
Concrete Paving Project.assessments when a contract has been
NOW THEREFORE, BE IT RESOLVEDperformed and accepted, and the proceeds
BY THE CITY COUNCIL OF THE CITY OFthereof used to pay the contractor.
DUBUQUE, IOWA:The above resolution was introduced,
That on the 19th day of May, 1997, a publicapproved and ordered placed on file with the
hearing will be held at 7:00 p.m. in the PublicCity Clerk this 21st day of April, 1997.
Library Auditorium at which time interestedApproved and placed on file for final action.
persons may appear and be heard for orTerrance M. Duggan, Mayor
against the proposed plans and specifications,Attest:
form of contract and cost of said improvement, Karen M. Chesterman, Deputy City Clerk
and the City Clerk be and is hereby directed toCouncil Member Michalski moved adoption
cause a notice of time and place of suchof the Resolution. Seconded by Council
hearing to be published in a newspaper havingMember Buol. Motion carried 7-0.
general circulation in the City of Dubuque,
Iowa, which notice shall be not less than fourRESOLUTION NO. 174-97
days nor more than twenty days prior to theFIXING DATE OF HEARING
day fixed for its consideration. At the hearing,ON RESOLUTION OF NECESSITY
any interested person may appear and fileWhereas, the City Council of the City of
objections to the proposed plans,Dubuque, Iowa, has given its preliminary
specifications, contract, or estimated cost ofapproval on the proposed plans,specifications
the improvement.and form of contract
Passed, adopted and approved this 21st
day of April, 1997. and placed same on file in the office of the
Terrance M. Duggan, MayorCity Clerk for public inspection, for the 1997
Attest:P.C. Concrete Paving Project, and,
Karen M. Chesterman, Deputy City ClerkWhereas, the proposed Resolution of
Council Member Michalski moved adoptionNecessity for said improvement has been
of the Resolution. Seconded by Councilintroduced and is now on file in the City
Member Buol. Motion carried 7-0. Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED
RESOLUTION NO. 173-97BY THE CITY COUNCIL OF THE CITY OF
RESOLUTION OF NECESSITYDUBUQUE, IOWA:
Whereas, proposed plans have been dulyThat on the 19th day of May, 1997, a public
prepared and approved by the City Council ofhearing will be held at 7:00 o'clock p.m. in the
the City of Dubuque and are now on file in thePublic Library Auditorium in the City of
office of City Clerk showing among otherDubuque at which time the owners of property
things the plans, specifications, form ofsubject to assessment for the proposed
contract, estimated cost and preliminary platimprovement or any other person having an
and schedule showing the amount proposedinterest in the matter may appear and be heard
to be assessed against each lot and thefor or against the making of the improvement,
valuation of each lot as filed by the Citythe boundaries of the district, the cost, the
Regular Session, April 21, 1997
assessment against any lot, or the finalSection 2. That the conveyance of the
adoption of a resolution of necessity and theCity’s interest shall be for the sum of
City Clerk be and is hereby authorized and$1,447.00.
directed to cause a notice of time and place ofSection 3. That the existing maintenance
such hearing to be published in a newspapereasement to the Iowa Department of
having general circulation in the City ofTransportation shall remain in full force and
Dubuque, Iowa, which notice shall beeffect.
published once each week for two consecutiveSection 4. That the City Clerk be and is
weeks, the first publication of which shall behereby authorized and directed to cause a
not less than ten days prior to the day fixed fornotice to be published as prescribed under
its consideration. Unless property owners atSection 364.7, Disposal of Property, in the
the time of the final consideration of thisCode of Iowa.
proposed resolution have on file with the CityPassed, approved and adopted this 21st
Clerk objections to the Resolution of Necessityday of April, 1997.
they shall be deemed to have waived allTerrance M. Duggan, Mayor
objections thereto.Attest:
Passed, adopted and approved this 21stKaren M. Chesterman, Deputy City Clerk
day of April, 1997.Council Member Voetberg moved adoption
Terrance M. Duggan, Mayorof the Resolution. Seconded by Council
Attest:Member Buol. Motion carried 7-0.
Karen M. Chesterman, Deputy City Clerk
Council Member Michalski moved adoptionCity Manager submitting documents
of the Resolution. Seconded by Councilproviding for the bidding process for the site
Member Buol. Motion carried 7-0. grading associated with the development of
the Dubuque Industrial Center - South,
RESOLUTION NO. 175-97presented and read. Council Member
RESOLUTION APPROVING PRELIMINARYVoetberg moved that the communication be
SCHEDULE OF ASSESSMENTSreceived and filed. Seconded by Council
NOW THEREFORE, BE IT RESOLVEDMember Buol. Motion carried 7-0.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:RESOLUTION NO. 177-97
That the attached sheets, 1 to 6 inclusive,PRELIMINARY APPROVAL
are hereby determined to be the schedule ofOF PLANS AND SPECIFICATIONS
proposed assessments for the 1997 P.C.NOW THEREFORE, BE IT RESOLVED
Paving Project and the valuations set outBY THE CITY COUNCIL OF THE CITY OF
herein are hereby approved.DUBUQUE, IOWA:
Passed, approved and adopted this 21stThat the proposed plans, specifications,
day of April, 1997.form of contract and estimated cost for the
Terrance M. Duggan, MayorDubuque Industrial Center\South Site
Attest:Grading, in the estimated amount of
Karen M. Chesterman, Deputy City Clerk$1,616,830.00, are hereby approved and
Council Member Michalski moved adoptionordered filed in the office of the City Clerk for
of the Resolution. Seconded by Councilpublic inspection.
Member Buol. Motion carried 7-0. Passed, adopted and approved this 21st
City Manager submitting documentsday of April, 1997.
disposing of City’s interest in City Lot 537A,Terrance M. Duggan, Mayor
which is between Main St. and the alley westAttest:
of Main St. to Atlast Fluid Power Co.,Karen M. Chesterman, Deputy City Clerk
presented and read. Council MemberCouncil Member Voetberg moved adoption
Voetberg moved that the communication beof the Resolution. Seconded by Council
received and filed. Seconded by CouncilMember Buol. Motion carried 7-0.
Member Buol. Motion carried 7-0.
RESOLUTION NO. 178-97
RESOLUTION NO. 176-97FIXING DATE OF HEARING
RESOLUTION OF INTENT TO DISPOSE OF ON PLANS AND SPECIFICATIONS
INTEREST IN CITY LOT 537A IN THE CITYWhereas, the City Council of the City of
OF DUBUQUE, IOWA TO ATLAST FLUIDDubuque, Iowa has given its preliminary
POWER COMPANYapproval on the proposed plans,
Whereas, the City of Dubuque is thespecifications, and form of contract and
current owner of City Lot 537A in the City ofplaced same on file in the office of the City
Dubuque, Iowa; andClerk for public inspection of the Dubuque
Whereas, Mr. Don D. Junk is the abuttingIndustrial Center\South Site Grading.
property owner and has petitioned to purchaseNOW THEREFORE, BE IT RESOLVED
said property from the City.BY THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OFThat on the 19th day of May, 1997, a public
DUBUQUE, IOWA:hearing will be held at 7:00 p.m. in the Public
Section 1. That the City of Dubuque, IowaLibrary Auditorium at which time interested
intends to dispose of its interest in City Lotpersons may appear and be heard for or
537A in the City of Dubuque, Iowa to Atlastagainst the proposed plans and specifications,
Fluid Power Company.form of contract and cost of said improvement,
Regular Session, April 21, 1997
and the City Clerk be and is hereby directed toMotion carried 7-0. The meeting adjourned at
cause a notice of time and place of such8:55 p.m.
hearing to be published in a newspaper having
general circulation in the City of Dubuque,Karen M. Chesterman
Iowa, which notice shall be not less than fourDeputy City Clerk
days nor more than twenty days prior to the
day fixed for its consideration. At the hearing,
any interested person may appear and fileApproved , 1997
objections to the proposed plans,
specifications, contract, or estimated cost ofAdopted , 1997
the improvement.
Passed, adopted and approved this 21st
day of April, 1997.
Terrance M. Duggan, MayorMayor
Attest:
Karen M. Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 179-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Dubuque Industrial Center\South
Site Grading is hereby ordered to beCouncil Members
advertised for bids for construction.Attest:
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform toCity Clerk
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more than
twenty days prior to the receipt of said bids at
2:00 p.m. on the 13th day of May, 1997. Bids
shall be opened and read by the City Clerk at
said time and will be submitted to the Council
for final action at 7:00 p.m. on the 19th day of
May, 1997.
Passed, adopted and approved this 21st
day of April, 1997.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
At 7:58 p.m. Michalski moved to go into
Closed session in accordance with Ch. 21.5 1.
(j) 1995 Code of Iowa to discuss the purchase
of particular real estate where premature
disclosure could be reasonably expected to
increase the price the governmental body
would have to pay for that property. Seconded
by Council Member Buol. Motion carried 7-0.
At 8:54 p.m. Council reconvened Regular
Session stating that staff had been given
direction.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member Buol.
Special Session, April 28, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, Monday, April 28, 1997
Council Met at 5:15 P.m. Conference
Room “B” City Hall.
Approved , 1997
Present—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Adopted , 1997
Robbins, Voetberg, City Manager Michael Van
Milligan, Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this
Mayor
is a Special Session of the City Council called
for the purpose to go into Closed Session in
accordance with Chapter 21.5 1(j) Code of
Iowa 1995, as amended, to discuss purchase
of particular real estate.
At 5:18 P.M. Council Member Voetberg
moved to go into Closed Session in
accordance with Chapter 21.5 (j) Code of Iowa
1995, as amended, to Discuss purchase of
particular real estate where premature
disclosure could be reasonably expected to
increase the price the governmental body
Council Members
would have to pay for that property. Seconded
Attest:
by Council Member Nicholson. Motion carried
7-0.
City Clerk
Council reconvened in Regular Session at
5:50 with the Mayor advising Staff had been
given proper direction.
There being no further business, Council
Michalski moved to adjourn. Seconded by
Council Member Voetberg. Motion carried 7-
0. The meeting adjourned at 5:51 p.m.
Mary A. Davis CMC
City Clerk