1997 May Council ProceedingsRegular Session, May 5, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Cily Council, Regular Session, May 5, 1997
Council met at 7:00 p.m., Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol, Michalski, Krieg, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
Notices of Claims/Suits- Cathy Brugman
in estimated amount of $200.00 for vehicle
damages; Carroll C. Clarkin unknown amount
for vehicle damages; Laura Gronen for
daughter Emily Gronen in unknown amount for
personal injuries; Robert K. Laubscher, Jr., in
amount of $350.14 for vehicle damages; Mr. &
Mrs. Dan O'Hara in amount of $861.00 for
backed up sewer damages; Robert A.
Rettenmeier in amount of $280.00 for property
damages, presented and read. Council
Member Voetberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by Council
Member Buol. Motion carried 7-0.
Mayor Duggan read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Rev. George
Bauman, Pastor of Holy Trinity Lutheran
Church.
PROCLAMATIONS -May 10 as "Food
Collection By Letter Carriers' Day" received by
Gary Grap; May 1-17 as "Nursing Home
Week" received by Glenda Manternach, Deb
Ambrosy, Administrator and Activity Dir. of
Bethany Home and residents: Ethel Boyd and
Charlotte Sheppele; May 11-17 as "Historic
Preservation Week 1997" received by Pam
Myhre-Gonyier; May 11-17 as "Peace Officers
Week" and May 15 as "Peace Officers
Memorial Day" received by Rev. David
Pacholke and Sr. Marylee Cox; Month of May
as "Foster Care Month" received by Jim
Paradiso and Roger Whitt; Month of May as
"Mental Health Month" received by Ann
Michalski; May 6-12 as "Nurses' Week"
received by Rev. David Pacholke.
Mayor Duggan swore in Council Member
Robbins as Mayor Pro-Tem.
MINUTES SUBMITTED-Airport
Commission of 3-18; Cable Teleprogramming
of 4-1; Community Development Advisory
Commission of 1-21, 2-25, 3-18 & 4-29;
Environmental Stewardship Commission of 4-
8 & 4-24; Five Flags Commission of 3-17;
Human Rights Commission of 3-10; Long
Range Planning Commission of 4-17,
presented and read. Council Member
Voetberg moved that the minutes be received
and filed. Seconded by Council Member
Buol. Motion carried 7-0.
Proofs of Publication on publishing Council
Proceedings of 3-31 & 4-7; Proof
of Publication on Notice of Filing of the Final
Schedule of Assessment for construction of
Olympic Heights Sanitary Sewer & Watermain
Extension, presented and read. Council
Member Voetberg moved that the
Corporation Counsel recommending
settlements of following claims and direct
Finance Director to issue check: Truck
damage of Mark Hayes in amount of $420.67;
Property damage of Horizon Development
Group in amount of $300.00; Property damage
of SBM Investment in the amount of $777.76,
presented and read. Council Member
Voetberg moved that the communications be
received and filed and settlements approved.
Seconded by Council Member Buol. Motion
carried 7-0.
Corporation Counsel advising following
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
Assurance Pool: Personal injury of Julie
Billmeyer; Property damage of Eagle Window
& Door, Inc.; Personal injury of Ronda
Kirkegaard; Property damage of Bill J. Merritt,
presented and read. Council Member
Voetberg moved that the communications be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
Corporation Counsel recommending denial
of following claims: Property damage of Grand
Opera House; Property damages (8) of
Marylin Kennedy, presented and read.
Council Member Voetberg moved that the
communications be received and filed and
denials approved. Seconded by Council
Member Buol. Motion carried 7-0.
Denise Erschen requesting to purchase Lot
100 in Lenox Addition (Carlton Avenue,
approaching Van Buren) adjacent to her
property at 2767 Carlton Ave., presented and
read. Council Member Voetberg moved that
this matter be referred to the City Manager.
Seconded by Council Member Buol. Motion
carried 7-0.
Martin J. McNamer requesting City to
vacate and make available to him property
adjoining his property in Fremont Heights,
presented and read. Council Member
Voetberg moved that the communication be
referred to the City Manager. Seconded by
Council Member Buol. Motion carried 7-0.
Regular Session, Mav 5, 1997
Bill & Jane Duggan requesting vacation
and purchase of alley adjacent to his property
at 250 Cross Street, presented and read.
Council Member Voetberg moved that the
request be referred to the City Manager.
Seconded by Council Member Buol. Motion
carried 7-0.
Dubuque Symphony Orchestra requesting
to conduct fireworks display on Sunday,
August 31, 1997 of the southern end of
Hawthorne Street Landing, presented and
read. Council Member Voetberg moved that
the request be referred to the City Manager for
implementation. Seconded by Council
Member Buol. Motion carried 7-0.
including the cost of estimates, notices and
inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa:
Section 1. That the cost of said
improvement is hereby determined to be
$136,036 and the said amount shall be paid
from the General Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Canadian Pacific Railway advising the sale
of their railway lines and indicating that I&M
Rail Link now owns all of the railroad property
formerly operated by Canadian Pacific/Soo
Line, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
Cily Manager recommending acceptance of
Eagle Point Park Rest Room Project,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 180-97
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the EAGLE
POINT PARK REST ROOM
CONSTRUCTION PROJECT has been
completed and the City Manager has
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract, plans
and specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa, that the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
to the contractor from the General Fund in
amount equal to the amount of his contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 181-97
FINAL ESTIMATE
WHEREAS, the contract for the EAGLE
POINT PARK REST ROOM
CONSTRUCTION PROJECT has been
completed and the Engineer has submitted his
final estimate showing the cost thereof
Cily Manager recommending acceptance of
Mechanic's Building Addition at park
maintenance headquarters, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 182-97
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
MECHANIC'S BUILDING ADDITION
PROJECT has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa, that the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
to the contractor from the General Fund in
amount equal to the amount of his contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 183-97
FINAL ESTIMATE
WHEREAS, the contract for the
MECHANIC'S BUILDING ADDITION
PROJECT has been completed and the
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa:
Section 1. That the cost of said
improvement is hereby determined to be
$33,958, and the said amount shall be paid
Regular Session, May 5, 1997
from the General Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Cily Manager recommending acceptance of
Open Air Pavilion Roofing project, presented
and read. Council Member Voetberg moved
that the communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION 184-97
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the EAGLE
POINT PARK OPEN AIR PAVILION
ROOFING PROJECT has been completed
and the City Manager has examined the work
and filed his certificate stating that the same
has been completed according to the terms of
the contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa, that the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
to the contractor from the General Fund in
amount equal to the amount of his contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION 185-97
FINAL ESTIMATE
WHEREAS, the contract for the EAGLE
POINT PARK OPEN AIR PAVILION
ROOFING PROJECT has been completed
and the Engineer has submitted his final
estimate showing the cost thereof including
the cost of estimates, notices and inspection
and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa:
Section 1. That the cost of said
improvement is hereby determined to be
$29,740, and the said amount shall be paid
from the General Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Michael J. Anderson submitting resignation
from Historic Preservation Commission,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and accepted with regret.
Seconded by Council Member Buol. Motion
carried 7-0.
Altomey Alfred Hughes on behalf of Dodds
River Terminal, Inc. requesting to lease
additional and adjacent land to Terminal
Street, presented and read. Council Member
Voetberg moved that the communication be
referred to the City Manager. Seconded by
Council Member Buol. Motion carried 7-0.
City Manager recommending approval of
request of Dubuque Yacht Basin to sublease
portion of its leased property from the City to
Douglas Jennings, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 186-97
RESOLUTION GRANTING
AUTHORIZATION TO DUBUQUE YACHT
BASIN TO SUBLEASE PROPERTY
LEASED FROM THE CITY OF DUBUQUE
TO R. DOUGLAS JENNINGS, D/B/A THE
WHEEL HOUSE, INC., OF DUBUQUE,
IOWA
Whereas, the City of Dubuque, Iowa, has
leased to Dubuque Yacht Basin, Inc., an Iowa
Corporation, certain real property located at
1630 E. 16th Street, Dubuque, Iowa, pursuant
to the following leases; and
1. Lease Agreement dated April 8, 1970
2. First Amendment to Lease dated
November 3, 1970.
3. Lease Agreement dated February 5, 1974.
4. Lease Agreement dated November 16,
1987; and
Whereas, the Dubuque Yacht Basin has
requested subleasing of a portion of property
leased by the Dubuque Yacht Basin from the
City of Dubuque to R. Douglas Jennings,
d/b/a The Wheel House, Inc., of Dubuque,
Iowa; and
Whereas, existing Lease Agreements
between the City of Dubuque and the
Dubuque Yacht Basin, Inc. stipulate that the
Lessee has the right to sublet or assign any of
its rights in and to the demised premises, to
any person or concern with prior written
approval of the Lessor and that the Lessor's
interest shall be fully protected and which
approval of the Lessor shall not be
unreasonably withheld; and
Whereas, the sublease agreement between
the Dubuque Yacht Basin, Inc. and R.
Douglas Jennings, d/b/a The Wheel House,
Inc. has been reviewed and has been found to
protect the interest of the City of Dubuque in
the existing leases with the Dubuque Yacht
Basin.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That approval be granted to the
Regular Session, Mav 5, 1997
Dubuque Yacht Basin, Inc. to sublease a
portion of its leased property from the City of
Dubuque to R. Douglas Jennings, d/b/a The
Wheel House, Inc., in accordance with the
sublease agreement between said private
parties dated April 25, 1997.
Section 2. That the term of said sublease
shall be 1 year, commencing on the first day of
May, 1997, and ending a midnight on the 30th
day of April, 1998.
Section 3. That the sublease to The Wheel
House, Inc. is bound by all stated terms and
conditions of the existing Lease Agreements
between the City of Dubuque and the
Dubuque Yacht Basin, Inc.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
City Manager recommending approval of
Grant application for Police Dept. to participate
in a Drug Task Force program, presented and
read. Council Member Voetberg moved that
the communication be received and filed and
approved recommendation. Seconded by
Council Member Buol. Motion carried 7-0.
Cily Manager recommending selection of a
partnership between Buesing/HER at a cost of
$23,320 for Floodwall Detention Basins'
Pumping Capacities Study/Engineering,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved. Seconded
by Council Member Buol. Motion carried 7-0.
Cily Manager recommending publication of
combined Notice of Finding of No Significant
Impact on the Environment and Notice of
Intent to Request Release of Funds for CDBG
Programs, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 187-96
A RESOLUTION AUTHORIZING PUBLI-
CATION OF A COMBINED NOTICE OF
FINDING OF NO SIGNIFICANT IMPACT ON
THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS
Whereas, the City of Dubuque will enter
into a Grant Agreement for the Fiscal Year
commencing July 1, 1996, with the U.S.
Department of Housing and Urban
Development, providing for financial
assistance to the City under Title I of the
Housing and Community Development Act of
1974, as amended; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review has
been processed for the hereinafter listed
projects to be financed with Community
Development Block Grant funds; and
Whereas, based on said environmental
review, the Department of Community and
Economic Development has determined that
said projects will have no significant impact on
the environment; and
Whereas, a combined notice of "Finding of
No Significant Impact on the Environment"
and of "Intent to Request Release of Funds"
for said project will be sent by regular mail to
various federal, state and local public
agencies; to the appropriate Regional Office of
the Environmental Protection Agency, to the
HUD Area Office and to the local news media,
individuals and groups known to be interested
and believed to be appropriate to receive such
a notice; and
Whereas, any and all comments received
as a result of such notice will be duly
considered before proceeding with a Request
for Release of Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is
hereby authorized and directed to publish a
combined Notice of Finding of No Significant
Impact on the Environment and Notice of
Intent to Request Release of Funds for the
following identified projects and to make the
Environmental Review Record for said
projects available for public inspection and
comment until 4:30 p.m on June 7, 1996.
Such notice shall be in the form of Exhibit "A"
attached hereto and made a part hereof.
Housing Programs
Residential Rehab Loan Program
Housing Trust
Purchase/R ehab R esale
Code Enforcement Staff and Services
First Time HomeBuyer Initiative
Assistance Program
Lead Paint Hazard Abatement Project
Emergency Code Enforcement Loan
Program
Problem Properties Management
Operation Paintbrush
Moderate Income Rental Rehab Loan
Program
Housing Rehabilitation Services and Staff
Housing Planning/Administrative Services
and Staff
Neighborhood and Community
Development Programs
Community Partnership Program (cp2)
Healthy Mouths/Healthy Children
Hillcrest Family Services -Installation of
Elevator
Summer Day Camp ( Four Mounds
Foundation)
Project Self-Reliance (ECIA)
CHOICES (Substance Abuse Services
Center)
Residential Advancement Program
(Heartland Housing Initiative)
Kaleidoscope: Artreach Alley (Dubuque
County Fine Arts Society)
Senior Center
Regular Session, May 5, 1997
Family Self-Sufficiency
Information and Referral Service
Neighborhood Recreation Programs
Neighborhood Sidewalk Program
Neighborhood Park Improvements
Child Care Initiative
Child Care Resource and Referral Service
Neighborhood Support Grants
Neighborhood Communication Grants
Washington Tool Library
Zoning Inspection/Enforcement
Historic Preservation
Leadership Training
Neighborhood Development Services and
Staff
Economic Development Programs
Economic Development Financial
Assistance Program
Acquisition/Disposition
Industrial Sites Planing
Staff Support for above projects
Planning and Administration
CDBG Administration Services and Staff
City Planning Services and Staff
Section 2. That the environmental review
record for each of the projects shall be placed
on file in the Office of the City Clerk where
said record may be examined and copied by
any interested party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development fifteen (16) days after
publication of appropriate notice a Request for
Release of Funds to undertake
the said projects.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making,
and action assumed and carried out by the
City of Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on
behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is
brought to enforce responsibilities in relation to
environmental review, decision making and
action.
Section 6. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 5th day
of May, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 188-97
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
The Wheel House Inc.
R. Douglas Jennings 1630E 16th St.
16th St Autolfruck Plaza
Mulgrew Oil Company 1215E 16th St.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 189-97
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
Dubuque Brewing Com. Dubuque Brew
Pub+(Sunday & Outdoor Sea) 500E 4th St.
CLASS "C" BEER PERMIT
McCann Service, Inc. McCann's Service+
(Sunday Sales) 690 W Locust
CLASS "BE" BEERNVINE PERMIT
Robert F. Beecher Beecher Beverage
+(Sunday Sales) 1691 Asbury
CLASS "B" (SPECIAL 5-DAY EVENT)
BEER PERMIT
Donna Ginter Dubuquefest
+(Sunday & Outdoor Ser) Town Clock
Passed, approved and adopted this 5th day
May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 190-97
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Liquor License.
CLASS "A" (CLUB) BEER &
LIQUOR LICENSE
DB Golf & Cntry Club DB Golf/Cntry CI+
Regular Session, Mav 5, 1997
(Sunday/Outdoor Serv) 1800 Randall
CLASS "C" (COMMERCIAL) BEER
& LIQUOR LICENSE
G & J's Inc. Windsor Tap
2401 Windsor
Pat Broessel Corner Tap
+(Sunday Sales) 2093 Washington
Beverly A. Larsen Denny's Lux Club
+(Sunday Sales) 3050 Asbury Rd
The Wheel House Inc The Wheel House
+(Sunday & Outdoor Sv) 1630E 16th St.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants to address the Council to
express their desire to serve on the following
Commissions.
HISTORIC PRESERVATION
COMMISSION: (representing Cathedral
District): Applicant Kenneth C. Kringle.
Roger Whitt, Susan Ruden, Constance
Schroeder, Tom Erschen, Douglas Pearson,
Tom Bardon, Mary Callahan-Elliott, Jim
Paradiso, and Police Chief John Mauss all
spoke in support of enacting the proposed
Curtew.
An Ordinance Amending Chapter 33 of the
Code of Ordinances by enacting a new Article
VI "Juvenile Curtew' establishing a Nocturnal
Curtew applicable to Juveniles and regulating
their actions in public places; defining the
duties of parents and guardians of Juveniles
and operators or establishments; and
providing for related matters including
exceptions, permits, police procedures,
construction and severability, and penalties for
the violation thereof, said Ordinance set for
hearing on 4-7-97 with no readings given,
presented for further action. Council Member
Nicholson moved that this be considered the
first reading of the Ordinance. Seconded by
Council Member Michalski. Vote on the
motion was as follows: Yeas-Council
Member Nicholson. Nays-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Robbins, Voetberg. MOTION FAILED.
HUMAN RIGHTS COMMISSION:
Applicants: Evelyn E. Jackson, Linda Smith
and Diane TeKippe. Linda Smith and Diane
Tekippe both spoke requesting appointment.
Council Members (2) appointments to
Greater Dubuque Development Corporation
(GDDC) -Currently Kathryn Krieg and Dan
Nicholson serve. Council Member Krieg
moved that it be resolved that Council Member
Dan Nicholson and Council Member Dirk
Voetberg be appointed to serve. Seconded by
Council Member Michalski. Motion carried 7-
0.
Council Member Nicholson moved that the
rules be suspended to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Krieg. Motion
carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider an Ordinance establishing a Juvenile
Curtew Ordinance; communications of David
Gordon, Don Dodds, Mark Gilligan and Bob
O'Brien expressing their concerns regarding
the "Juvenile Curtew Ordinance", presented
and read. Council Member Nicholson moved
that the proof and communications be
received and filed. Seconded by Council
Member Michalski. Vote on the motion was as
follows: Yeas-Council Member Nicholson.
Nays-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Robbins, Voetberg.
MOTION FAILED.
Michael Weber, Ann Bradshaw, Robert
Barrett, Cathy Bradshaw, Katie Mulert, Sue
Line, Nathan Vance, Susan Stoffel, Wes
Parkiq Mike McCormick, Glenda Haugen, and
Rachel Boland, all spoke objecting to the
Curtew.
Hearings on $300.00 Assessment of
License Penalties for Alcohol Violations for
Mulgrew Oil Co., dba Asbury AMOCO
Foodshop, 3300 Asbury Rd.; ArCon Inc., dba
Arbys/C-Store, 10 Main St.; Molo Oil Co. dba
Big 10 Mart Car Wash, 1875 J.F.K. Road and
Hill Street Plaza, Inc., dba Oky Doky #8
Foods, 535 Hill St., presented and read.
Council Member Voetberg moved that the
$300.00 assessments be approved.
Seconded by Council Member Michalski.
Motion carried 7-0.
Kevin Bradfeldon, representing Arby's
spoke stating that something should be done
positively when businesses pass.
Brendan Quann, representing Molo Oil, dba
Big 10 Mart Car Wash, at 1875 John F.
Kennedy Rd., spoke on their behalf.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider 5 properties located on the west side
of Walnut Street to be removed from the W.
11th Street Historic District and City Manager
submitting correspondence on the request
from property owners and requesting Council
to make final decision, presented and read.
Council Member Voetberg moved that the
proof and communication be received and
filed. Seconded by Council Member Krieg.
Motion carried 7-0.
Council Member Michalski moved that it be
resolved to table the decision on this matter
and bring it back at the July 7th Council
Meeting. Seconded by Council Member
Nicholson. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider sale of city property to Atlast Fluid
Power Company and City Manager
Regular Session, May 5, 1997
recommending to proceed with sale of
property, presented and read. Council
Member Voetberg moved that the proof and
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 191-97
Whereas, pursuant to resolution and
published notice of time and place of hearing,
published in the Telegraph Herald, a
newspaper of general circulation published in
the City of Dubuque, Iowa on the 25th day of
April, 1997, the City Council of the City of
Dubuque, Iowa met on the 5th day of May,
1997, at 7:30 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque, County, Iowa to consider the
proposal for the sale of real estate described
as:
Cily Lot 537A in the City of Dubuque, Iowa
Whereas, the City of Dubuque, Iowa
ovenuled any and all objections, oral or written
to the proposal to dispose of interest of the
City of Dubuque, Iowa, except for easement
as noted, in the hereinabove described real
estate to Atlast Fluid Power Company.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of the City of Dubuque, Dubuque
County, Iowa in real property described as City
Lot 537A in the City of Dubuque, Iowa to
Atlast Fluid Power Company and the same is
hereby approved for the sum of $1,447.00
plus cost of publication, platting and filing
fees, conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized
and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby authorized
and directed to deliver said deed of
conveyance to the above named grantees
upon receipt of the purchase price in full.
Section 3. That the existing maintenance
easement to the Iowa Department of
Transportation shall remain in full force and
effect.
Section 4. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the office of
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of public hearing to
consider reclassifying property in Dubuque
Industrial Center South from AG to PUD
District with a PI District designation and
Planning Services Manager responding to
Council's concern regarding proposed 100
foot setback along the east boundary of above
property, presented and read. Council
Member Buol moved that the proof and
communication be received and filed.
Seconded by Council Member Robbins.
Motion carried 7-0.
An Ordinance Amending Zoning Map by
reclassifying property located at the Southeast
corner of Highway 61/151 and Lake Eleanor
Road from AG Agricultural district to PUD
Planned Unit Development District with a PI
Planned Industrial District designation and
adopting a Conceptual Development Plan, with
conditions, for the Dubuque Industrial Center
South, said Ordinance given the first &
second readings on 4-21-97 now presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 27-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT
THE SOUTHEAST CORNER OF HIGHWAY
61/151 AND LAKE ELEANOR ROAD FROM
AG AGRICULTURAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PI PLANNED INDUSTRIAL
DISTRICT DESIGNATION AND ADOPTING
A CONCEPTUAL DEVELOPMENT PLAN,
WITH CONDITIONS, FOR THE DUBUQUE
BUSINESS PARK.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by
reclassifying the hereinafter described
property from AG Agricultural District to PUD
Planned Unit Development District with a PI
Planned Industrial designation and adopting a
conceptual development plan, a copy of which
is attached to and made a part hereof, with
conditions, for the Dubuque Business Park as
stated below, to wit:
Lot 2-1-1 of the NE 1/4 of the SW 1/4, Lot
2 of the NE 1/4 of the SW 1/4, Lot 1-1-1 of
the NE 1/4 of the SW 1/4, Lot 1-1-8 of the
SE 1/4, and the SE 1/4 of the SW 1/4, all
in Section 12, Township 88 North, Range
2 East, Fifth Principal Meridian, and to the
center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of
the reclassification, the undersigned property
owner agrees to the following conditions, all of
which the property owner further agrees are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Definitions.
1. Building Related Features
Building related features are defined as all
constructed items which rise above the
grade surtace of the lot. These include:
a. The primary building.
b. All accessory or secondary buildings.
c. All exterior storage areas.
d. Exterior refuse collection areas.
Regular Session, Mav 5, 1997
e. Exterior mechanical equipment.
f. Containerized or tank storage of liquids,
fuels, gases, and other materials.
2. Vehicle Related Features
Vehicle related features are defined as all
areas used for the movement and parking
of all vehicles within the lot. These include:
a. Employee and visitor parking spaces.
b. Driveways from the street right-of-way line
to and from parking spaces.
c. Loading spaces outside of the building.
d. Maneuvering space and driveways to and
from loading spaces.
e. Parking spaces for company owned
commercial vehicles.
f. Fire lanes.
3. Open Space Features
Open space features are defined as those
exterior areas and developed features of
the lot which include:
a. Landscaped space containing lawn areas
and plantings.
b. Paved, hard-surtaced, pedestrian areas
such as walkways, plazas, entryways and
courtyards.
c. Surtace stormwater detention areas not
otherwise used for building related or
vehicle related purposes.
d. Open recreation areas and recreational
trail.
e. Other non-building and non-vehicular
related space.
B. Use Regulations.
The following regulations shall apply to all
uses made of land in the above described
PUD District:
1) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities including
substations-[47].
b) General offices-[14].
c) Medical/dental lab-[8].
d) Business services-[29].
e) Mail-order houses-[23].
f) Printing and publishing-[32].
g) Moving/storage facilities-[33].
h) Wholesale sales/distributor-29].
I) Freight transfer facilities-[44].
j) Cold storageAocker plants-[15].
k) Packing and processing of meat, dairy or
food products, not to include stockyards or
slaughter houses-[33].
I) Tool, die, and pattern making-[33].
m)Compounding, processing and packaging
of chemical products, but not including
highly flammable or explosive materials-
[33].
n) Manufacture, assembly, repair or storage
of electrical and electronic products,
components or equipment-[33].
o) Laboratories for research or engineering-
[33].
p) Warehousing and storage facilities-[33].
q) Manufacture or assembly of musical
instruments; toys; watches or clocks;
medical, dental, optical or similar scientific
instruments; orthopedic or medical
appliances; signs or billboards-[33].
r) Manufacturing, compounding, assembly or
treatment of articles or products from the
following substances: clothing or textiles;
rubber; precious or semi-precious stones
or metals; wood; plastics; paper; leather;
fiber; glass; hair; wax; sheet metal;
concrete; feathers; fur; and cork-[33].
s) Manufacture, storage or processing of the
following products or materials: adhesives,
petroleum products or any flammable
liquid; structural steel and foundry
products; and pharmaceutical products,
including cosmetics, toiletries and soap-
[33].
[ ] Parking group-See Section 4.2 of the
Zoning Ordinance.
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the
following:
a) Day care center, within a primary
offceAndustrial building or as an accessory
structure on the same lot. Day care
centers are subject to state and local
regulations.
b) Retail outlets within a primary
officelndustrial building, selling products
produced on-site and only as accessory to
the principal use.
c) Any use customarily incidental and
subordinate to the principal use it serves.
4) Temporary uses shall be limited to the
following:
Any use listed as a permitted use within the
PUD District of a limited duration as
established in Section 2-5.3 and as defined
in Section 8 of the Zoning Ordinance.
C. Lot and Bulk Regulations.
Development of land in the PUD District
shall be regulated as follows:
1) All building structures and activities shall
be located in conformance with the
attached conceptual development plan and
all final site development plans shall be
approved in accordance with provisions of
the PUD District regulations of this
ordinance and of Section 3-5.5 of the
Zoning Ordinance.
2) All buildings related features shall be in
accordance with the following lot and bulk
regulations:
a) Any subsequent subdivision of land within
the Dubuque Business Park shall have a
minimum 200 feet of lot frontage and be
two (2) acres in size. Smaller lots will be
allowed if the parcel is consolidated into a
larger lot. Substations for public and
quasi-public utilities shall be exempt from
lot frontage and lot area requirements.
b) Maximum lot coverage shall be limited to
75%. All building and vehicle related
features shall be considered when
calculating total land area coverage.
c) Maximum building height shall be 50 feet,
except the following may exceed the height
limit: cooling towers, condensers, elevator
bulkheads, stacks and other necessary
mechanical equipment and their protective
housing.
d) Setbacks:
Minimum front yard setback for lots fronting
on Highway 61/151=25 feet
Minimum front yard setback=50 feet for all
other lots
Minimum side yard setback=25 feet
Minimum rear yard setback for interior
Regular Session, May 5, 1997
lots=25 feet
Minimum rear yard setback for lots abutting
north and east park boundaries=50 feet.
e) Within required front, side and rear
setbacks, only driveways, fire lanes, open
space features and primary and secondary
signage is allowed. Parking lots may
encroach 25 feet into 50-foot front yard
setback provided additional screening is
provided as required in landscaping
requirements.
D. Parking Regulations
1) All vehicle related features shall be
surtaced with either asphalt or concrete.
2) Curbing and proper surtace drainage of
stormwater shall be provided.
3) All parking and loading spaces shall be
delineated on the surtacing material by
painted stripes or other permanent means.
4) The number, size and design of parking
spaces shall be governed by applicable
provisions of City of Dubuque Ordinances
enforced at the time of development of the
lot.
5) The number, size, design and location of
parking spaces designated for
handicapped drivers shall be according to
the local, state or federal requirements in
effect at the time of development.
6) The location and number of private
driveway intersections with public streets
shall be established by the City of
Dubuque. Access to all lots shall be
limited to the internal streets of the
Dubuque Business Park.
7) No on-street maneuvering of delivery
vehicles will be allowed on any type of
through street. Lots adjoining through
streets shall provide all necessary
maneuvering space for delivery vehicles
within the boundaries of the lots.
E Landscaping Regulations
1) Plant Materials: The open space area of
each lot shall be planted with permanent
lawn and ground covers, shrubs and trees.
It is the intent of these regulations that the
development of required open spaces shall
reflect a high quality of environmental
design. The following provisions shall
apply to each lot:
a) Landscape plans are required as part of
submittals for site plan review. Landscape
plans are to include type, number and size
of proposed plantings. As a minimum, the
submitted landscape plan should include
the following:
No vehicle-related features except
driveways and fire lanes shall be allowed
within 25 feet of a property line.
- For every one (1) acre of lot size, four (4)
trees shall be required to a maximum of 40
trees. Each required tree shall be at least
2 inches in diameter at planting. Trees
shall be of varieties approved for the
Dubuque Business Park and listed in the
covenants for the park.
- Shrubs shall be used to screen parking
areas and provide accent around buildings.
Shrubs shall be of varieties approved for
the Dubuque Business Park and listed in
the covenants for the park.
- Parking areas located in front yards shall
be screened with a combination of trees,
shrubs or berms to provide a landscape
screen of 25 % opacity.
- Parking areas located in front yards and
encroach 25 feet into a 50-foot front yard
setback shall be screened with a
combination of trees, shrubs and berms to
provide a landscape screen of 50 % opacity.
2) The installation of required planting
materials may be phased in direct
proportion to the phasing of building
construction. All exposed soil areas
remaining after the construction of building
and vehicle related features shall be
planted with a permanent ground cover to
prevent erosion. Within one (1) year
following completion of construction, or by
the date that a building is issued an
occupancy certificate, whichever first
occurs, required landscaping shall be
installed.
3) The lot owner is required to replant any and
all plant materials which have died due to
any cause during the effective period of this
PUD ordinance.
4) The area between the public street and the
right-of-way line shall be planted with grass
and maintained by the lot owner. In
addition, the lot owner will maintain City
installed street trees planted between the
street and the right-of-way line, including
replacing trees that have died due to any
cause.
5) Pedestrian Access: Permanent hard-
surfaced walkways shall be installed and
maintained by the owner for purposes of
pedestrian movement between all parking
areas and functioning entries and exits of
the buildings.
6) Business park landscaping: Landscaping
of the Dubuque Business Park shall be in
accordance with the landscape plan, a
copy of which is attached and made a part
of this PUD ordinance.
F. Sian Regulations.
1) Applicability of City of Dubuque
Ordinances: The provisions of the City of
Dubuque Zoning Ordinance Section 4-3
Sign Regulations shall apply unless further
regulated by this section.
2) Off-Premise Signs: No off-premise signs
shall be erected or constructed on the
property of the Dubuque Business Park or
on any of the private lots or buildings within
the Dubuque Business Park.
3) On-Premise Signs
a) Allowable content: signs, messages and
graphics shall be limited to the following
contents:
1) Business park signs
- Park entrance signs
- Park directory signs
- Street address
2) Primary signs
- Identification of company name
- Identification of company products or
services by generic name only
- Street address
- Graphic symbol or logo identified with the
Regular Session, Mav 5, 1997
company
3) Secondary signs
- Directional messages necessary for the
safe and efficient flow of vehicular and
pedestrian traffic on the lot
- Identification of visitor entrances to the
building, shipping and receiving docks and
other delivery points
- Identification of assigned parking spaces
and handicapped accessibility
- Temporary announcements of pending or
new construction
- Commemorative messages
b) Allowable Structural Types:
1) Business Park signs
- Monument-style
2) Primary sign
- Wall-mounted
- Monument-style
3) Secondary sign
- Wall-mounted
- Monument-style
c) Maximum Number of Signs:
1) Business Park sign
- Not to exceed a total of six (6) signs in park
2) Primary sign
- One (1) wall-mounted sign per street
frontage per business
- One (1) monument-style sign per lot
location; restricted to frontages on interior
streets only.
3) Secondary sign
- No maximum number
d) Maximum Sign Area:
1) Business Park sign
- Park entrance signs: 200 square feet per
sign face
- Park directory signs: 30 square feet per
sign face
2) Primary sign
- Wall-mounted sign: 15 % of the area of the
building wall upon which it is mounted
- Monument-style signs: 100 square feet per
sign face
3) Secondary sign
- limited to six (6) square feet.
e) Height Regulations:
1) Business Park sign
- 12 feet, measured from average grade to
top of sign structure
2) Primary sign
- 10 feet, measured from average grade to
top of sign structure
3) Secondary sign
- 6 feet, measured from average grade to top
of sign structure.
f) Variance requests from sign requirements
for size, number and height shall be
reviewed by the Zoning Board of
Adjustment in accordance with the variance
procedures in the Zoning Ordinance.
g) Lighting: Business park, primary and
secondary signs may be illuminated only by
means of indirect lighting whereby all light
sources and devices are shielded from
view by opaque or translucent materials, or
internally illuminated by means of a light
source completely enclosed by the sign
panel.
h) Motion: No signs may include any device or
means, mechanical, electrical or natural
which shall cause any motion of the sign
panel or any part thereof. No flashing
lights or changing colors shall be allowed.
G. Pertormance Standards.
The development and maintenance of uses
in this PUD District shall be established in
conformance with Section 3-5.5 of the
Zoning Ordinance and the following
standards:
1) Site Lighting
a) Exterior illumination of site features shall be
limited to the illumination of the following:
- Parking areas, driveways and loading
facilities.
- Pedestrian walkway surtaces and
entrances to building.
- Screened storage areas.
- Building exterior.
b) Location and Design:
- All exterior lighting shall be designed,
installed and maintained so as not to cause
glare or to shine into adjacent lots and
streets.
- No light source shall provide illumination
onto adjacent lots, buildings or streets in
excess of 1.0 foot candle.
- All exterior lighting luminaires shall be
designed and installed to shield light from
the luminaire at angles above 72 degrees
from vertical.
- Alighting plan shall be included as part of
site plan submittals that indicates types of
lights used and ground light pattern for
building lighting of building and parking-
related features.
- Fixtures mounted on a building shall not be
positioned higher than the roof line of the
building.
- The top of post mounted free-standing
fixtures shall not be higher than 30 feet
above the ground.
- Wooden utility type poles are acceptable
only for temporary use during construction.
- All electrical service lines to posts and
fixtures shall be underground and
concealed inside the posts.
2) Utility Locations
a) Service lines: all electrical, telephone, cable
and other similar utility lines serving the
building and other site features shall be
located underground.
b) Mechanical equipment: all electrical
transformers, switching gear, relay boxes,
meters, air conditioning units, heat pumps
and other similar mechanical equipment,
including roof-mounted mechanical
equipment, shall be screened from view.
Mechanical equipment shall be screened in
a manner that will appear an integral part of
the building's overall architectural design.
Fencing of at least 50 % opacity, masonry
walls or plantings may be used to visually
screen mechanical equipment.
3) The recreational trail shall be placed six (6)
feet behind the curb parallel to the street on
the north side of the cul-de-sac street and
the east side of the major street that runs
north to south to link the perimeter
recreational trail, and shall be placed in
accordance with the conceptual
Regular Session, May 5, 1997
development plan.
4) Final site development plans shall be
submitted in accordance with Section 4-4
of the Zoning Ordinance prior to
construction of each building and vehicle-
related feature unless otherwise exempted
by Section 4-4.
5) Stommnrater Conveyance: The developer of
each lot shall be responsible for providing
surtace or subsurtace conveyance(s) of
stormwater from the lot to existing storm
sewers orto flow line of open drainageways
outside the lot in a means that is
satisfactory to the Public Works
Department of the City of Dubuque.
Other applicable regulations enforced by
the City of Dubuque relative to stormwater
management and drainage shall apply to
properties in the Dubuque Business Park.
6) Subdivision plats and improvements plans
shall be submitted in accordance with
Chapter 42 of the City of Dubuque Code of
Ordinances.
7) Operations Within Enclosed Buildings: All
operations and activities shall be conducted
or maintained within completely enclosed
buildings, except:
a) Off-street parking and loading spaces.
b) Employee recreational facilities.
c) Outdoor or exterior storage.
8) Noises generated within the Dubuque
Business Park shall be regulated by the
Code of Ordinances, City of Dubuque,
Iowa Chapter 33, Article IV Noises.
9) Loading docks shall be allowed in front,
side and rear yards. Loading docks located
in a building wall that faces a street
frontage shall be appropriately screened
through the use of trees, berms and
recessed into the building wall to reduce
their appearance as a facade feature.
10)Exterior Storage:
a) Exterior storage is permitted only for raw
and process goods, equipment and other
materials related to the principal activity of
the lot. No outdoor storage of materials
which could be blown into the air or strewn
about by the wind shall be permitted.
b) The ground area coverage of exterior
storage areas shall be the area contained
inside the required screening and this area
shall be considered to be a building related
feature for purposes of calculating total
land area coverages.
c) Exterior storage shall be located in rear or
side yards only.
d) All exterior storage areas and the materials
contained therein shall be visually screened
from view. The screening shall be a
completely opaque fence, wall or other
feature not exceeding a height of 12 feet
measured from the ground level outside the
line of the screen. Screens built on sloping
grades shall be stepped so that their top
line shall be horizontal. Exposed materials
used to construct the opaque screen shall
be similar in appearance to materials used
for exterior building walls. All exterior
entrances to a screened storage area shall
be provided with a gate or door of similar
design to that of the screen.
11)Exterior Trash Collection Areas:
a) The storage of trash and debris shall be
limited to that produced by the principal
permitted use and accessory uses of the
lot.
b) The ground area coverage of exterior trash
collection areas shall be the area contained
inside the required screening and this area
shall be aconsidered abuilding-related
feature for purposes of calculating total
land area coverages.
c) Exterior trash collection areas shall be
located in rear or side yards only.
d) All exterior trash collection areas and the
materials contained therein shall be visually
screened from view. The screening shall
be completely opaque fence, wall or other
feature not exceeding a height of 10 feet
measured from the ground level outside the
line of the screen. Screens built on sloping
grades shall be stepped so that their top
line shall be horizontal. Exposed materials
used to construct the opaque screen shall
be similar in appearance to materials used
for exterior building walls. All exterior
entrances to a screened trash area shall be
provided with a gate or door of similar
design to that of the screen.
If a 10 foot high screen fails to shield the
exteriortrash collection area from view from
points inside or outside of the property,
evergreen plantings may be required in
addition to the screening. Evergreen plant
materials shall be selected and designed
so that they will screen the area from all off-
site visibility within five (5) years.
12)Street lighting: Street lights shall be
installed in accordance with City of
Dubuque standards.
13)Flood plain Regulations: The area of the
business park that lies within the flood
plain of Granger Creek shall be subject to
the regulations of the Flood Hazard
regulations of the Zoning Ordinance.
14)Phased Construction of Buildings and
Parking Spaces: The construction of off-
street parking spaces may be phased in
proportion to the percentage of total
building floor area constructed at any one
time. Ground area set aside for future
parking, loading spaces or driveways or
for parking provided in excess of the
minimum required number of parking
spaces shall not reduce the minimum
required area for open space.
15)Other Codes and Regulations: These
regulations do not relieve an owner from
other applicable city, county, state and
federal codes, regulations, laws and other
controls relative to the planning,
construction, operation and management
of property in the Dubuque Business
Park.
H. Open Soace and Recreational Areas
Those areas designated on the conceptual
development plan as 'open" shall be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance by the
property owner and/or association. The
recreational trail shall be maintained by the
property owner and/or association.
Regular Session, Mav 5, 1997
I. Transfer of Ownership
Transfer of ownership or lease of property
in this PUD District shall include in the
transfer or lease agreement a provision that
the purchaser or lessee acknowledges
awareness of the conditions authorizing the
establishment of the district.
J. Modifications.
Any modifications of this Ordinance must
be approved by the City Council in
accordance with zoning reclassification
proceedings of Section 6 of the Zoning
Ordinance.
K. Recording.
A copy of this ordinance shall be recorded
at the expense of the property owner(s)
with the Dubuque County Recorder as a
permanent record of the conditions
accepted as part of this reclassification
approval within ten (10) days after the
adoption of this ordinance. This ordinance
shall be binding upon the undersigned and
his/her heirs, successors and assigns.
Section 3. The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall
take effect upon publication, as provided by
law.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 27-97
The City of Dubuque, property owner,
hereby accepts the terms and conditions of
Ordinance No. 27-97 and agrees to the
conditions required therein.
Dated this 5th day of May, 1997.
By /s/Mayor Terrance M. Duggan
City of Dubuque, Iowa
Published officially in the Telegraph Herald
newspaper this 16th day of May, 1997.
1t 5/16 Mary A. Davis CMC, City Clerk
' Council Member Buol moved final
consideration and passage of the Ordinance.
Seconded by Council Member Robbins.
Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of public hearing to
consider reclassifying property at 1600
Manson Road from AG to R-1 District,
presented and read. Council Member Council
Member Michalski moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
An Ordinance Amending Zoning Map by
reclassifying property located at 1600 Manson
Road from AG Agricultural District to R-1
Single-Family Residential District, first and
second readings given on 4-21-97, now
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT
1600 MANSON ROAD FROM AG
AGRICULTURAL DISTRICT TO R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by
reclassifying the hereinafter described
property from AG Agricultural District to R-1
Single-Family Residential District, to wit:
A part of Mineral Lot 508 in the City of
Dubuque, Dubuque County, Iowa, more
particularly described as follows:
Commencing at the Southeast corner of Lot 2
of Smothers Place; thence South 79 degrees
37'-46" East (this is an assumed bearing for
the purposes of this survey only), a distance of
20.00 feet to the center line of Manson Road;
thence North 10 degrees 22'-16" East, along
the centerline of said Manson Road, a
distance of 157.82 feet to the point of
beginning; thence North 10 degrees 22'-16"
East, along the centerline of said Manson
Road, a distance of 185.26 feet; thence North
31 degrees 21'-00" East, along the centerline
of said Manson Road, a distance of 230.81
feet to the centerline of Old Mill Road; thence
South 41 degrees 33'-46" East, along the
centerline of said Old Mill Road, a distance of
361.01 feet; thence South 29 degrees 26'-46"
West, a distance of 180.59 feet; thence North
60 degrees 33'-16" West, a distance of
139.37 feet; thence South 20 degrees 46'-20"
West, a distance of 83.93 feet; thence North
69 degrees 14'-40" West, a distance of
163.67 feet to the point of beginning, and to
the center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 14th day of May, 1997.
1t 5/14 Mary A. Davis CMC, City Clerk
Council Member Michalski moved final
consideration and passage of the Ordinance.
Seconded by Council Member Buol. Motion
carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider amendment to Fiscal Year 1997
Budget and City Manager recommending to
approve the FY'97 Budget, presented and
read. Council Member Buol moved that the
proof and communication be received and
fled. Seconded by Council Member Robbins.
Motion carried 7-0.
Regular Session, May 5, 1997
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Hearing on Plans and
Specs. for Sutton Pool Lighting Project,
presented and read. Council Member
Robbins moved that the proof be received and
fled. Seconded by Council Member Voetberg.
Motion carried 7-0.
RESOLUTION 193-97
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 3rd day of April, 1997,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the SUTTON POOL
LIGHTING PROJECT.
WHEREAS, notice of hearing on plans,
specifcations, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice to Bidders of the Receipt
of Bids for project and City Manager
recommending to award contract for project,
presented and read. Council Member
Robbins moved that the proof and
communication be received and filed.
Regular Session, Mav 5, 1997
Seconded by Council Member Voetberg.
Motion carried 7-0.
RESOLUTION NO. 194-97
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the SUTTON
POOL LIGHTING PROJECT pursuant to
Resolution No. 151-97, and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 11th day of April,
1997.
WHEREAS, said sealed proposals were
opened and read on the 23rd day of April,
1997, and it has been determined that the bid
of Westphal Electric, in the amount of $36,995
was the lowest bid for the furnishings of all
labor and materials and pertorming the work
as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Westphal
Electric, and the Manager be and is hereby
directed to execute a contract on behalf of the
Cily of Dubuque for the complete pertormance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Hearing on Plans and
Specs. for Jackson Street at 26th Street
Traffic Signals, presented and read. Council
Member Robbins moved that the proof be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 195-97
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 2nd day of April, 1997,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Jackson Street at 26th
Street Traffic Signals.
Whereas, notice of hearing on plans,
specifcations, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice to Bidders of the Receipt
of Bids for project and City Manager
recommending to award contract for project,
presented and read. Council Member
Robbins moved that the proof and
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 196-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Jackson
Street at 26th Street -Traffic Signals pursuant
to Resolution No. 154-97 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 17th day of April,
1997.
Whereas, said sealed proposals were
opened and read on the 24th day of April,
1997 and it has been determined that the bid
of Westphal and Company, Inc. of Dubuque,
Iowa in the amount of $24,992.09 was the
lowest bid for the furnishings of all labor and
materials and pertorming the work as provided
for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Westphal and
Company, Inc. and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the complete
pertormance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Hearing on Plans and
Specs. for 1997 Curb Ramp Construction
project, presented and read. Council Member
Buol moved that the proof be received and
filed. Seconded by Council Member
Michalski. Motion carried 7-0.
RESOLUTION NO. 197-97
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the end day of April, 1997,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the 1997 Curb Ramp
Regular Session, May 5, 1997
Construction Project.
Whereas, notice of hearing on plans,
specifcations, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Michalski. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice to Bidders of the Receipt
of Bids for project and City Manager
recommending to award contract for project,
presented and read. Council Member Buol
moved that the proof and communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 198-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 1997 City of
Dubuque Curb Ramp Project pursuant to
Resolution No.157-97 and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa on the 10th day of April,
1997.
Whereas, said sealed proposals were
opened and read on the 24th day of April,
1997 and it has been determined that the bid
of Perry Construction of Dubuque, Iowa in the
amount of $71,749.20 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Perry
Construction and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the complete
pertormance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Michalski. Motion carried 7-0.
Margaret Buhr, Education Coordinator of
The Dubuque Museum of Art submitting
information regarding the paint required to
implement the Ice Harbor Floodwall Mural
project and City Manager recommending
approval of the project, presented and read.
Council Member Voetberg moved that the
communications be received and filed and
recommendation approved. Seconded by
Council Member Nicholson. Motion carried 7-
0.
City Manager submitting Ordinance
regarding Exterior Maintenance of Existing
Buildings, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
An Ordinance Amending Section 11-2 of
City Code by adopting in lieu thereof a new
Section 107 providing for maintenance of
existing buildings and structures, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 29-97
AN ORDINANCE AMENDING SECTION 11-
20FTHE CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 107 IN APPENDIX
CHAPTER 1, UNIFORM CODE FOR
BUILDING CONSERVATION RELATING TO
THE MAINTENANCE OF EXISTING
BUILDINGS AND STRUCTURES, AND
ADOPTING IN LIEU THEREOF A NEW
SECTION 107 PROVIDING FOR
MAINTENANCE OF EXISTING BUILDINGS
AND STRUCTURES.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-2 of the Code
of Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 107 in
Appendix Chapter 1, Uniform Code for
Building Conservation, and adopting the
following new Section 107 in lieu thereof:
Section 107 -Maintenance
All buildings and structures and all parts
thereof shall be maintained in a safe and
sanitary condition. All systems, devices or
safeguards which were required by the code
under which the building was constructed
shall be maintained in conformance with the
requirements of that code. The owner or the
owner's designated agent shall be responsible
for the maintenance of buildings and
structures. To determine compliance with this
section, the building official may cause any
structure to be reinspected.
All buildings and structures and all parts
thereof shall be maintained free of defects
such as cracks, large holes, missing parts or
pieces and loose or missing siding. All
exterior wood surtaces requiring chemical
preservation shall be protected from water
seepage and against deterioration with a paint
covering or other suitable material approved by
the building official. All exterior doors,
windows and glazing shall be weather tight
and in good repair.
Regular Session, Mav 5, 1997
Defects shall be repaired in a manner
consistent with the exterior appearance of the
building or structure and with materials and
methods approved by the building official.
Exterior doors, windows and glazing that are
not weather tight or in good repair shall be
replaced or the openings sealed with 1/2" -
thick exterior grade painted structural panels
or other weatherbght material approved by the
building official.
Section 2. This ordinance shall be in effect
after its final passage, approval and
publication as required by law.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 14th day of May, 1997.
1t 5/14 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Buol. Motion
canied 7-0. Council Member Voetberg moved
final consideration and passage of the
Ordinance. Seconded by Council Member
Buol. Motion carried 7-0.
Environmental Stewardship Advisory
Commission requesting Council petition the
IDNR to issue additional "antler-less" deer
tags in the areas surrounding the City of
Dubuque for the 1997 hunting season,
presented and read. Council Member Buol
moved that the communication be received
and filed and approved recommendations.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Council
Members Buol, Krieg, Michalski, Nicholson,
Voetberg. Nays-Mayor Duggan, Council
Member Robbins.
City Manager recommending approval of
selection of CFM Environmental, Inc. to do a
survey of asbestos in City buildings for an
amount of $42,350.00, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved recommendations. Seconded by
Council Member Buol. Motion carried 7-0.
City Manager recommending approval of
1998 Annual Action Plan: Program Year 23
Community Development Block Grant Funds,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 199-97
A RESOLUTION ADOPTING THE 1998
ANNUAL ACTION PLAN FOR THE USE OF
PROGRAM YEAR 23 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
Whereas, the U. S. Department of Housing
and Urban Development requires each
entitlement city to submit an Annual Action
Plan, including the proposed use of its
Community Development Block Grant funds,
at least 45 days prior to its program year; and
Whereas, the City of Dubuque, has,
through a series of public meetings and
hearings, finalized an Annual Action Plan
addressing both housing and non-housing
needs in the community.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the 1998 Annual Action
Plan for the use of Program Year 23
Community Development Block Grant funds
attached hereto and by this reference made a
part hereof is hereby adopted by the City
Council.
Section 2. That the City Council authorizes
the Mayor to sign the document along with all
certifications on behalf of the City Council.
Section 3. That the City Council directs
staff to forward the adopted Plan to the
Regional Office of the U. S. Department of
Housing and Urban Development by the May
15, 1997 submission deadline.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager submitting recommendations
for Fiscal Year 1998 Community Partnership
(cp2) Program, presented and read. Council
Member Michalski moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 200-97
RESOLUTION AUTHORIZING THE AWARD
OF COMMUNITY PARTNERSHIP
PROGRAM (cp2) FUNDS FOR FISCAL
YEAR 1998.
Whereas, under the provisions of Title I of
the Housing and Community Development Act
of 1974, as amended, the City of Dubuque
has received Community Development Block
Grant (CDBG) funds for the development and
maintenance of a viable urban community
through the provision of decent housing, a
suitable living environment and expanded
economic opportunities for its residents,
particularfythose persons of low and moderate
income; and
Whereas, the Community Partnership
Program (cp2) was developed in the City of
Dubuque in response to the national goals and
objectives of the CDBG program; and
Whereas, guidelines for the
implementation of the Community Partnership
Program (cp2) were approved by the City
Council by Resolution No. 259-92 on July 20,
1992 and amended by Resolution 18-96 on
January 15, 1996 and Resolution 64-97 on
February 3, 1997.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby
Regular Session, May 5, 1997
awards Community Partnership Program
(cp2) monies to the following organizations.
The award shall consist of a grant to the
organization for the identified project and shall
be for the amount noted below:
The Four Mounds Foundation
Y.E.S. Impact Project $36,674
Operation New View Bluff Street Head Start
$23,438
Visiting Nurse Association Healthy Smiles
$14,670
Dubuque Boys Club Power Hour Program
$8,618
Hillcrest Family Services
Big Brothers/Big Sisters 36 600
TOTAL $120,000
Section 2. That the City Manager be and
he is hereby authorized to develop and
execute contracts with representatives from
the aforementioned organizations in
accordance with the program guidelines
established for the Community Partnership
Program and with the regulations of the
Community Development Block Grant
Program.
Section 3. That upon execution of said
contracts, the City Manager is hereby
authorized and directed to disburse program
funds in support of the approved projects and
in accordance with the terms and conditions
established in said contracts.
Passed, approved and adopted this 5th day
of May, 1997
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
City Manager recommending approval of
final plat for Elmwood Green Subdivision,
presented and read. Council Member Buol
moved that the communication be received
and filed. Seconded by Council Member
Robbins. Motion carried 7-0.
RESOLUTION NO. 201-97
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THROUGH 12,
INCLUSIVE, AND LOTS A AND B OF
ELMWOOD GREEN SUBDIVISION AS
COMPRISED OF LOT 1 OF 1 OF
FITZGERALD PLACE, LOT 2 OF 2 OF 2 OF
MINERAL LOT 349 AND LOT 2 OF 2 OF 1
OF MINERAL LOT 343, ALL IN THE CITY
OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 through 12,
inclusive, and Lots A and B of Elmwood Green
Subdivision as comprised of Lot 1 of 1 of
Fitzgerald Place, Lot 2 of 2 of 2 of Mineral Lot
349 and Lot 2 of 2 of 1 of Mineral Lot 343, all
in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a
street to be known as Lobo Lane, together with
certain public utility and sewer easements and
a City park which the owners by said final plat
have dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed
by the City Planner and had her approval
endorsed thereon, subject to the owners
agreeing to the conditions noted in Section 2
below; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and ordinances
relating to it, except that no streets or public
utilities have yet been constructed or installed;
and
Whereas, the City Council concurs in the
conditions of approval established by the
Zoning Advisory Commission and the City
Planner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedications of Lobo
Lane (Lot A) and Lot 1 (City park), together
with the easements for public utilities, sanitary
sewer, storm sewer and water mains as they
appear upon said final plat, be and the same
are hereby accepted; and
Section 2. That the plat of Lots 1 through
12, inclusive, and Lots A and B of Elmwood
Green Subdivision as comprised of Lot 1 of 1
of Fitzgerald Place, Lot 2 of 2 of 2 of Mineral
Lot 349 and Lot 2 of 2 of 1 of Mineral Lot 343
is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said final plat, provided the owners
of said property herein named, execute their
written acceptance hereto attached agreeing:
a. To reduce Lobo Lane (Lot A) to grade and
to construct concrete curb and gutter and
to hard surtace with asphaltic concrete, or
with concrete paving with integral curb, all
in accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City
Engineer.
b. To install sanitary sewer mains and sewer
service laterals into each individual lot,
water mains and water service laterals into
each individual lot, storm sewers and catch
basins, boulevard street lighting and
erosion control devices all in accordance
with the City of Dubuque standard
specifications, all in a manner acceptable
to the City Engineer, and in accordance
with construction improvement plans
approved by the City Engineer, and
inspected by the City Engineer.
c. To construct a detention facility in a
manner acceptable to the City Engineer on
Lot B of Elmwood Green Subdivision in
accordance with the improvement plans
and City of Dubuque Standard
Specifications approved by the City and
inspected by the City Engineer.
d. To construct said improvements, prior to
two (2) years from the date of acceptance
of this resolution, at the sole expense of the
owners, or future owners.
e. To maintain the public improvements, for a
period of two (2) years from the date of the
Regular Session, Mav 5, 1997
acceptance of those improvements by the
Cily of Dubuque, Iowa, at the sole expense
of the owners, or future owners.
And further provided that said Joseph and
Ruth Graham, as owners of said property,
shall secure the pertormance of the foregoing
conditions provided in this Section by
providing guarantees in such form and with
such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner of the property
abutting the public right-of-way, as required by
City Code 41-161 through 41-164. The
responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will
not be required until the development of the lot
has been completed, except as required
herein. In sparsely developed subdivisions,
sidewalks on developed lots will not be
required until 50 % of the lots approved by the
plat have been developed. All vacant lots shall
have sidewalks installed upon development of
80 % of the lots approved by the plat.
Section 4. That street access to Lot 1
(City park) shall be restricted to Lobo Lane,
and the 60-foot lot frontage requirements for
Lots 6 and 11 are hereby waived in
accordance with City Code 42-11.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have
been completed in accordance with the
improvement plans and City standard
specifications and accepted by City Council
Resolution.
Section 6. That maintenance expenses
incurred by the City of Dubuque for the storm
water detention facility (Lot B) shall be
assessed against Lots 2 through 12 in equal
amounts, and the City Manager shall certify
such costs to the City Clerk, who in turn shall
promptly certify such costs to the County
Treasurer, and such costs shall then be
collected with and in the same manner as
general property taxes in accordance with
provisions of law.
Section 7. That in the event Joseph and
Ruth Graham shall fail to execute the
acceptance and furnish the guarantees
provided in Section 2 hereof within 180 days
after the date of this Resolution, the provisions
hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
' Passed, approved and adopted this
5th day of May, 1997.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 201-97
We, the undersigned owners, Joseph and
Ruth Graham, having read the terms and
conditions of the Resolution No. 201-97 and
being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated this 27th day of June, 1997.
By /s/Joseph H. Graham
By /s/Ruth Graham
To: Mary A. Davis
City Clerk
This is to certify that the necessary security
for the foregoing Resolution No. 201-97 has
been properly filed.
Dated at Dubuque, Iowa, this 1st day of
July, 1997.
/s/Michael C. Van Milligen, City Manager
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
McGraw-Hill Companies, Inc. requesting
that the City waive and agree to terminate its
right to repurchase a parcel of land next to
their property, presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 202-97
RESOLUTION OF INTENT TO DISPOSE OF
INTEREST IN REAL ESTATE BY
CONVEYING TO THE MCGRAW-HILL
COMPANIES, INC. ANY RIGHT OF THE
CITY OF DUBUQUE, IOWA, TO
REPURCHASE LOT 1 OF LOT 21N BLOCK
1 IN "RIVER FRONT SUBDIVISION NO. 5,"
IN THE CITY OF DUBUQUE, IOWA,
ACCORDING TO THE RESPECTIVE
RECORDED PLATS THEREOF, AND
SETTING A TIME AND PLACE FOR
HEARING
Whereas, the McGraw-Hill Companies,
Inc. a New York corporation, is the current
owner of Lot 1 of Lot 2 in Block 1 in "River
Front Subdivision No. 5," in the City of
Dubuque, Iowa, according to the respective
recorded Plats thereof; and
Whereas, the City of Dubuque, Iowa,
retained the right to repurchase said real
estate in the event of a sale of said real estate
by its owner, said right having been reserved
to the City by Ordinance No. 219-74.
Ordinance 219-74 Originally authorized the
sale of the real estate to Wm. C. Brown
Company Publishers; and
Whereas, The McGraw-Hill Companies,
Inc. has requested that the City of Dubuque,
Iowa, waive and agree to terminate its right to
repurchase the real estate in the event of a
sale of said real estate by its owner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in Lot 1 of Lot
2 in Block 1 in "River Front Subdivision No. 5,"
in the City of Dubuque, Iowa, according to the
respective recorded Plats thereof, by
delivering to The McGraw-Hill Companies,
Inc., a Quit Claim Deed conveying any right of
the City of Dubuque, Iowa, to repurchase said
real estate in the event of a sale of said real
estate by its owner.
Section 2. That the conveyance of the
City's interest shall be for the sum of $1.00,
plus costs of publication and filing fees,
payable in full at the time of the City's delivery
of a Quit Claim Deed conveying any right of
the City of Dubuque, Iowa, to repurchase said
Regular Session, May 5, 1997
real estate.
Section 3. A public hearing is set on the
disposal of the City's interest in such real
estate for the 19th day of May, 1997, at 7:00
p.m. at the Public Library Auditorium, 11th and
Locust, Dubuque, Iowa.
Section 4. That the City Clerk is hereby
authorized and directed to cause a notice to be
published as described under Section 364.7
Disposal of Property, Code of Iowa, 1995, or
as amended.
Passed, approved and adopted this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
City Manager submitting bidding
documents for Dubuque Industrial Center
South Utilities Installation project, presented
and read. Council Member Michalski moved
that the communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 7-0.
RESOLUTION NO 203-97
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Dubuque Industrial Center South Sewer and
Water Utility Improvements Phase 1, in the
estimated amount of $664.375.50, are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
RESOLUTION NO. 204-97
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Dubuque
Industrial Center/South Sewer and Water
Utility Improvements Phase I.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 2nd day of June, 1997, a public
hearing will be held at 7:00 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and specifications,
fonn of contrail and cost of said improvement,
and the City Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper having
general circulation in the City of Dubuque,
Iowa, which notice shall be not less than four
days nor more than twenty days prior to the
dayfxed for its consideration. At the hearing,
any interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated cost of
the improvement.
Passed, adopted and approved this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
RESOLUTION NO. 205-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Dubuque Industrial Center South
Sewer and Water Utility Improvements Phase
I is hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
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 27th 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 2nd day of
June, 1997.
Passed, adopted and approved this 5th day
of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
City Manager submitting bidding
documents for Alpine Street Sanitary Sewer
Reconstruction project, presented and read.
Council Member Buol moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Motion carried 7-0.
RESOLUTION NO. 206-97
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Alpine Street Sanitary Sewer Reconstruction,
in the estimated amount of $36,717.04, are
hereby approved and ordered filed in the office
of the City Clerk for public inspection.
Regular Session, Mav 5, 1997
Passed, adopted and approved this 5th day
of May, 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.
RESOLUTION NO. 207-97
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Alpine Street
Sanitary Sewer Reconstruction.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 2nd day of June, 1997, a public
hearing will be held at 7:00 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and specifications,
fonn of contrail and cost of said improvement,
and the City Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper having
general circulation in the City of Dubuque,
Iowa, which notice shall be not less than four
days nor more than twenty days prior to the
dayfxed for its consideration. At the hearing,
any interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated cost of
the improvement.
Passed, adopted and approved this 5th day
of May, 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.
RESOLUTION NO. 208-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Alpine Street Sanitary Sewer
Reconstruction Project is hereby ordered to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
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 22nd 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 2nd day of
June, 1997.
Passed, adopted and approved this 5th day
of May, 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.
Police Chief requesting hearings be set for
assessments on alcohol violations for Rainbo
Oil Co. d/b/a KWIK Stop Food Mart, 2297
University Ave.; TFM d/b/a Oky Doky #1, 250
W. 1st Street; Krishna Chapman d/b/a Oky
Doky #14, 1050 University Ave.; Wareco
Services d/b/a Wareco 662, 700 Rhomberg
Ave. and TFM Oky Doky #2, 51 W. 32nd St.,
presented and read. Council Member
Voetberg moved that the hearings be set for
May 19, 1997 at 7:00 p.m. with the exception
of tabling the Rainbo Oil Co. d/b/a KWIK Stop
Food Mart to the meeting of May 19th for
further action on setting it for Hearing.
Seconded by Council Member Buol. Motion
carried 7-0.
At 10:21 p.m. Council Member Michalski
moved to go into Closed Session In
accordance with Chapter 21.5 1 (c) 1995
Code of Iowa, as amended, To discuss
strategy with counsel in matters where
litigation is imminent where its disclosure
would be likely to prejudice or disadvantage
the position of the governmental body in this
litigation and In accordance with Chapter 21.5
1Q) 1995 Code of Iowa, as amended, To
Discuss the purchase of particular real estate
where premature disclosure could be
reasonably expected to increase the price the
governmental body would have to pay for that
property. Seconded by Council Member
Nicholson. Motion carried 7-0.
At 10:47 p.m. Council reconvened Regular
Session with statement that Staff had been
given proper direction.
There being no further business, Council
Member Michalski moved to adjourn the
meeting. Seconded by Council Member Buol.
Motion carried 7-0. The meeting adjourned at
10:47 p.m.
Mary A. Davis CMC
City Clerk
Approved , 1997
Regular Session, May 5, 1997
Adopte~+ 1997
Mayor
Attest:
Council Members
City Clerk
Regular Session, Mav 19, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May 19,
1997.
Council met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Absent: Council Member Voetberg.
Mayor Duggan read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Sr. Marie Therese
Kalb, osf, Director of Shalom Retreat Center.
PROCLAMATIONS -May 24 as "Poppy
Day" received by Shirley Strub.
MINUTES SUBMITTED-Cable
Community Teleprogramming Commission of
5-6; Civil Service Commission of 4-8;
Electrical Code Board of 5-5; Investment
Oversight Advisory Commission of 4-24;
Human Rights Commission of 4-14; Library
Board of Trustees of 3-27; Park & Recreation
Commission of 4-8; Zoning Advisory
Commission of 5-7; Zoning Board of
Adjustment of 4-24, presented and read.
Council Member Buol moved that the minutes
be received and filed. Seconded by Council
Member Nicholson. Motion carried 6-0.
Finance Director submitting financial
reports for April, 1997, presented and read.
Council Member Buol moved that the reports
be received and filed. Seconded by Council
Member Nicholson. Motion carried 6-0.
Proofs of Publication on Notice of
publishing List of Claims and Summary of
Revenues for Month ending 3-31-97; City
Council Proceedings for meetings of 4-21 & 4-
28; Combined Public Notices on Notice of
Finding of No Significant Effect on the
Environment various Community Development
Block Grant Funds projects, presented and
read. Council Member Buol moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 6-0.
NOTICES OF CLAIMS/SUITS -Donald
F. Breiner in amount of $490.00 for backed up
sewer damages; Joyce M. Haudenshield in
unknown amount for personal injuries; Mark
O. Marty in estimated amount of $1500.00 for
property damages; Garry Swank in amount of
$100.00 for property damages; Gerald R.
Welbes in amount of $330.00 for backed up
sewer damages, presented and read. Council
Member Buol moved that the claims and suits
be referred to the Legal Staff for investigation
and report. Seconded by Council Member
Nicholson. Motion carried 6-0.
Corporation Counsel advising personal
injury claim of Laura Gronen has been
referred to Crawford & Company, the agent for
the Iowa Communities Assurance Pool,
presented and read. Council Member Buol
moved that the communication be received
and filed. Seconded by Council Member
Nicholson. Motion carried 6-0.
Corporation Counsel recommending
settlement of vehicle damage claim of Robert
K. Laubscher in the amount of $350.14 and
direct Finance Director to issue check,
presented and read. Council Member Buol
moved that the communication be received
and fled and approved settlement. Seconded
by Council Member Nicholson. Motion carried
6-0.
Corporation Counsel recommending denial
of following claims: Vehicle damage of Cathy
Brugman; Property damage of Mr. & Mrs. Dan
O'Hara; Property damage of Robert A.
Rettenmeier, presented and read. Council
Member Buol moved that the communications
be received and filed and approved denials.
Seconded by Council Member Nicholson.
Motion carried 6-0.
Sisters of St. Francis expressing their
"Thanks" on Council's action regarding deer
issue in the City, presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Nicholson. Motion carried 6-0.
Steve & Heidi MacDonald requesting to
purchase approx. 70' strip of land near their
property at 651 Kaufmann Ave. which is
platted as an alley and street, presented and
read. Council Member Buol moved that the
matter be referred to the City Manager for
investigation and report. Seconded by Council
Member Nicholson. Motion carried 6-0.
Cily Manager recommending acceptance of
U.S. 20-Dodge Street Sanitary Sewer
Reconstruction Project - Bluff St. to
Grandview Ave., presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Nicholson. Motion carried 6-0.
RESOLUTION NO. 209-97
ACCEPTING IMPROVEMENT
Whereas, the contract for the U.S. 20 -
Dodge Street Sanitary Reconstruction -Bluff
Street to Grandview Avenue has been
completed and the City Manager has
Regular Session, May 19, 1997
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract, plans
and specifications and recommends it
acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
to the contractor from $393,243.33 in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
RESOLUTION NO. 210-97
FINAL ESTIMATE
Whereas, the contract for the U.S. 20 -
Dodge Street Sanitary Reconstruction -Bluff
Street to Grandview Avenue has been
completed and the City Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection and all miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$393,243.33 and the said amount shall be
paid from Sanitary Sewer Construction Funds
of the City of Dubuque, Iowa.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
City Manager recommending approval of
amendment to General Drivers & Helpers
Union Contract, presented and read. Council
Member Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Council
Member Nicholson. Motion carried 6-0.
City Manager recommending Agreement
with Segal Co. to prepare Request for
Proposal for Administration of Prescription
Drug Program, presented and read. Council
Member Buol moved that the communication
be received and filed and approved
Agreement. Seconded by Council Member
Nicholson. Motion carried 6-0.
Linda J. Morgan advising of appeal being
fled before the United States Court of Appeals
for the Eighth Circuit regarding proposed
acquisition by the I&M Rail Link for certain rail
lines of Soo Line Railroad Company,
presented and read. Council Member Buol
moved that the communication be received
and filed. Seconded by Council Member
Nicholson. Motion carried 6-0.
Notification from HUD advising City has
expended CDBG Funds to meeting May 1st
expenditure threshold, presented and read.
Council Member Buol moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 6-0.
RESOLUTION NO. 211-97
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
Jonathan/John Lentzkow
Lentzkow Racing
+(Outdoor & Sunday) Hawthorne St.
CLASS "C" BEER PERMIT
Mulgrew Oil Co. 16th St Autolfruck Plaza
+(Sunday Sales) 1215E 16th
CLASS "BE" BEER PERMIT
Timothy Quagliano Liquor Depot
+(Sunday Sales) 1620 J.F. K.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
RESOLUTION NO. 212-97
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Liquor License.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Jd BS & SW Ltd Hooligan's Spts Bar
(Outdoor Serv) 2600 Dodge St.
DBQ Inc Shot Tower Inn
+(Sunday Sale) 380 Locust St.
MM & H Silver Dollar Cantina
+Sunday SI) 342 Main St.
Regular Session, Mav 19, 1997
Michael Kalmes Breaktime Bar & Grill
1097 Jackson St.
CLASS "C" BW BEER &
LIQUOR LICENSE
Weaver Enterp. Papa Sarducci's
(+Sunday Sales) 1895 JFK Rd..
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
BOARDS AND COMMISSIONS:
HISTORIC PRESERVATION
COMMISSION:
Applicant: Kenneth C. Kringle. Council
Member Michalski moved that Kenneth Kringle
be appointed to an unexpired term which will
expire 7-1-97 and an additional three year term
which will expire 7-1-00. Seconded by
Council Member Buol. Motion carried 6-0.
HUMAN RIGHTS COMMISSION:
Applicants: Evelyn E. Jackson, Linda
Smith, Diane TeKippe. Vote on the
appointments was as follows: Mayor Duggan
voted for TeKippe. Council Member Buol
voted for Jackson. Council Member Krieg
voted for Smith. Council Member Michalski
voted for Jackson. Council Member
Nicholson voted for Jackson. Council
Member Robbins voted for TeKippe. Council
Member Voetberg was absent.
There being no majority vote a second vote
was taken: Mayor Duggan voted for TeKippe.
Council Member Buol voted for Jackson.
Council Member Krieg voted for Jackson.
Council Member Michalski voted for Jackson.
Council Member Nicholson voted for Jackson.
Council Member Robbins voted for TeKippe.
Council Member Voetberg was absent.
Therefore, Evelyn Jackson was appointed to
fill an unexpired term which will expire 1-1-98.
paint though stressed that the project not be
delayed. Jeff Nagle, 255 Kelly's Bluff,
objected to assessments and presented a
petition from W. 3rd St.. residents objecting
to assessment process. Kevin Saliga, 719 W.
3rd objecting to assessments for project and
parking problems in area. Barb Manning
Hirsch spoke in support of the assessment
process. Bob Breitbach, 587 University,
objected to his share of the assessment on
Spruce St.
Council Member Nicholson moved that this
matter be tabled for two weeks to allow Staff
time to meet with property owners to address
concerns. Seconded by Council Member
Buol. Yeas-Council Members Buol,
Nicholson, Michalski. Nays-Mayor Duggan,
Council Member Krieg, Robbins. MOTION
FAILED.
RESOLUTION NO. 213-97
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 16th day of April, 1997,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the 1997 P.C. Concrete
Paving Project.
Whereas, notice of hearing on plans,
specifcations, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
Council Member Robbins moved to
suspend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Krieg. Motion
carried 6-0.
Proofs of publication certified to by the
publisher on Notice of Hearing on Plans and
Specs. and Notice to Property Owners
advising of public hearing on 1997 P.C.
Concrete Paving Project (Consisting of W. 3rd
St. from Bluff to Hill Street and Spruce Street
from University to Jefferson), and City
Manager responding to concerns expressed
over assessment procedures, presented and
read. Council Member Krieg moved that the
proofs and the communication be received
and filed. Seconded by Council Member
Nicholson. Motion carried 6-0.
Jerry Hirsch, 757 W. 3rd St., spoke
requesting repair by resealing alley in 700
block of W. 3rd St.. between Summit and
Burch and also objected to charges for lead
RESOLUTION NO. 214-97
RESOLUTION WITH RESPECT TO THE
ADOPTION OF THE RESOLUTION OF
NECESSITY PROPOSED FOR THE 1997
P.C. CONCRETE PAVING PROJECT
Whereas, the City Council has proposed a
Resolution of Necessity for the 1997 P.C.
Concrete Paving Project, has given notice of
the public hearing thereon as required by law;
and
Whereas, the public hearing has been held,
all persons offering objections have been
heard and consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place set as
provided for the taking of action on the
proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and all
Regular Session, May 19, 1997
objections filed or made having been
dully considered are overruled.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
Nicholson. Motion carried 6-0.
Proof of publication certified to by the
publisher on Notice of Hearing on Plans and
Specs. for 1997 Asphalt Paving Project,
presented and read. Council Member Buol
moved that the proof be received and filed.
Seconded by Council Member Robbins.
Motion carried 6-0.
RESOLUTION NO. 215-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the 1997 P.C. Concrete Paving
Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
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 5th day of June, 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 16th day of
June, 1997.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
Hearings on Assessments of License
Penalties for Alcohol Violations -TFM Co.,
dba Oky Doky #1, 250 West 1st Street -
$300.00; Krishna Chapman dba Oky Doky
#14, 1050 University Avenue - $300.00;
Wareco Service Inc. dba Wareco 662, 700
Rhomberg - $300.00 AND TFM Co., dba Oky
Doky #2, 51 W. 32nd Street - 30 Day
Suspension due to second conviction within
one year, presented and read. Council
Member Michalski moved that the
recommendation be approved and the
suspension of thirty days be approved.
Seconded by Council Member Nicholson.
Motion carried 6-0.
TABLED FROM MEETING OF MAY 5,
1997 - $300.00 Assessment for Rainbo Oil
Co., dba KWIK Stop Food Mart - 2297
University Avenue. Corporation Counsel and
Police Chief recommending to refer this
violation to the State Commission for
appropriate disposition, presented and read.
Council Member Michalski moved that the
assessment be approved and referred the
violation to the State Commission for
disposition. Seconded by Council Member
RESOLUTION NO. 216-97
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 16th day of April, 1997,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the 1997 Asphalt Paving
Project.
Whereas, notice of hearing on plans,
specifcations, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
Proof of publication certified to by the
publisher on Notice to Bidders on Receipt of
Bids for project and City Manager
recommending to award contract for project,
presented and read. Council Member Buol
moved that the proof and communication be
received and filed. Seconded by Council
Member Robbins. Motion carried 6-0.
RESOLUTION NO. 217-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 1997 Asphalt
Paving Project pursuant to Resolution No.
170-97 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 1st day of May, 1997.
Whereas, said sealed proposals were
opened and read on the 8th day of May, 1997,
and it has been determined that the bid of
Tschiggfrie Excavating Company of Dubuque,
Iowa in the amount of $869,986.68 was the
lowest bid for the furnishings of all labor and
materials and pertorming the work as provided
for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Tschiggfrie
Excavating Company and the Manager be and
is hereby directed to execute a contract on
behalf of the City of Dubuque for the complete
pertormance of the work.
Regular Session, Mav 19, 1997
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
Proof of publication certified to by the
publisher on Notice of Hearing on Plans and
Specs. for Dubuque Industrial Center South
Site Grading, presented and read. Council
Member Buol moved that the proof be received
and filed. Seconded by Council Member
Krieg. Motion carried 6-0.
RESOLUTION NO. 218-97
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 16th day of April, 1997,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Dubuque Industrial
Center\South Site Grading.
Whereas, notice of hearing on plans,
specifcations, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Krieg. Motion carried 6-0.
Proof of publication certified to by the
publisher on Notice to Bidders of the Receipt
of Bids for project and City Manager
recommending to award contract for project,
presented and read. Council Member Buol
moved that the proof and communication be
received and filed. Seconded by Council
Member Krieg. Motion carried 6-0.
RESOLUTION NO. 219-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 1997 Asphalt
Paving Project pursuant to Resolution No.
179-97 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 1st day of May, 1997.
Whereas, said sealed proposals were
opened and read on the 8th day of May, 1997
and it has been determined that the bid of
Sproule Construction Company, Inc. of
Dubuque, Iowa in the amount of
$1,312,899.47 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Sproule
Construction Company, Inc. and the Manager
be and is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete pertormance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Krieg. Motion carried 6-0.
Proof of publication certified to by the
publisher on Notice of Hearing to consider
disposing of City's interest in real estate by
conveying property to McGraw-Hill
Companies, Inc. and City Manager
recommending approval of request from
McGraw-Hill, presented and read. Council
Member Buol moved that the proof and
communication be received and filed.
Seconded by Council Member Robbins.
Motion carried 6-0.
RESOLUTION NO. 220-97
RESOLUTION DISPOSING OF INTEREST
IN REAL ESTATE BY CONVEYING TO THE
MCGRAW-HILL COMPANIES, INC., ANY
RIGHT OF THE CITY OF DUBUQUE,
IOWA„ TO REPURCHASE LOT 1 OF LOT
2 IN BLOCK 1 IN "RIVER FRONT
SUBDIVISION NO. 5", IN THE CITY OF
DUBUQUE, IOWA, ACCORDING TO THE
RESPECTIVE RECORDED PLATS
THEREOF.
Whereas, pursuant to the resolution and
published notice of time and place of hearing,
published in the Telegraph-Herald, a
newspaper of general circulation published in
the City of Dubuque, Iowa on the 9th day of
May, 1997, the City Council of the City of
Dubuque, Iowa met on the 19th day of May,
1997 at 7:00 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Dubuque County, Iowa to consider the request
to waive and agree to terminate any right of the
Cily of Dubuque, Iowa, to consider the request
to waive and agree to terminate any right of the
City of Dubuque, Iowa, to repurchase certain
real estate in the event of sale of said real
estate by its owners, said right having been
reserved to the City by Ordinance No. 219-74.
Ordinance 219-74 originally authorized the
sale of the real estate to Wm. C. Brown
Company Publishers. The real estate is
described as:
Regular Session, May 19, 1997
Lot 1 of Lot 2 in Block 1 in "River Front
Subdivision No. 5" in the City of Dubuque,
Iowa, according to the respective recorded
Plats thereof.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to
dispose of interest of the City of Dubuque,
Iowa, by waiving and terminating the right of
the City of Dubuque, Iowa, to repurchase said
real estate in the event of a sale of said real
estate by its owner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest
of the City of Dubuque, Dubuque County,
Iowa in real property described as Lot 1 of Lot
2 in Block 1 in "River Front Subdivision No. 5",
in the City of Dubuque, Iowa, according to the
respective recorded Plats thereof, by
delivering to The McGraw-Hill Companies,
Inc., a New York corporation, a Quit Claim
Deed waiving and terminating any right of the
Cily of Dubuque, Iowa, to repurchase said real
estate in the event of a sale of said real estate
by its owner, be and the same is hereby
approved for the sum of $1.00 payable in full
at the time of the City's delivery of the Quit
Claim Deed, plus costs of publication and
filing fees.
Section 2. That the Mayor be authorized
and directed to execute the attached QUIT
CLAIM DEED, and the City Clerk be and is
hereby authorized and directed to deliver said
deed of conveyance to the above named
grantee upon receipt of the purchase price in
full.
Section 3. That the City Clerk be and is
hereby authorized and directed to record a
certified copy of this resolution in the office of
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
City Manager requesting authorization to
negotiate and execute contract with Lentzkow
Racing for the "Dubuque Challenge" event on
June 6, 7 & 8, presented and read. Council
Member Robbins moved that the
communication be received and filed and
request approved. Seconded by Council
Member Nicholson. Motion carried 6-0.
City Manager requesting authorization to
negotiate and execute contract with LIVEstock
'97 for their event on June 19-22, presented
and read. Council Member Buol moved that
the communication be received and filed and
approved as requested. Seconded by Council
Member Michalski. Vote on the motion was as
follows: Yeas-Council Members Buol, Krieg,
Nicholson. Nays-Mayor Duggan, Council
Member Michalski, Robbins.
Absent-Council Member Voetberg.
MOTION FAILED.
Connie Zaber spoke to the request giving
specifics.
Council Member Buol moved that the
request be approved as City Manager
requested with speakers to face south or
southeast. Seconded by Council Member
Michalski. Motion carried 6-0.
Council recessed at 9:01 p.m.; Council
reconvened at 9:06 p.m.
City Manager requesting to provide
assistance for Rehabilitation of Iowa Inn to
approve a Purchase Loan to Iowa Housing
Corporation in amount of $245,000 and City
Manager requesting authorization to publish
Combined Notice of Finding of No Significant
Impact on Environment for project, presented
and read. Council Member Michalski moved
that the communications be received and filed
and request approved. Seconded by Council
Member Buol. Carried by the following vote:
Yeas-Council Members Buol, Krieg,
Michalski, Nicholson, Robbins. Nays-Mayor
Duggan.
Tom Howe spoke requesting approval of
project. Art Roach spoke stating that Mercy is
able to assist with housing for Heartland
Housing. Bud Isenhart spoke objecting to the
assessment but is in favor of the project.
RESOLUTION NO. 221-97
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED NOTICE
OF FINDING OF NO SIGNIFICANT IMPACT
ON THE ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR THE IOWA INN PROJECT.
Whereas, the City of Dubuque has entered
into a Grant Agreement for the Fiscal Year
1997 with the U.S. Department of Housing
and Urban Development, providing for
financial assistance to the City under Title I of
the Housing and Community Development Act
of 1974, as amended; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review has
been processed for the hereinafter listed
project to be financed with Community
Development Block Grant funds; and
Whereas, based on said environmental
review, the Department of Community and
Economic Development has determined that
said project will have no significant impact on
the environment; and
Whereas, a combined notice of "Finding of
No Significant Impact on the Environment"
and of "Intent to Request Release of Funds"
for said project will be sent by regular mail to
various federal, state and local public
agencies; to the appropriate Regional Office of
the Environmental Protection Agency, to the
HUD Area Office and to the local news media,
individuals and groups known to be interested
and believed to be appropriate to receive such
Regular Session, Mav 19, 1997
a notice; and
Whereas, any and all comments received
as a result of such notice will be duly
considered before proceeding with a Request
for Release of Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is
hereby authorized and directed to publish a
combined Notice of Finding of No Significant
Impact on the Environment and Notice of
Intent to Request Release of Funds for the
Iowa Inn Project and to make the
Environmental Review Record for said project
available for public inspection and comment
until 4:30 p.m. on June 5, 1997. Such notice
shall be in the form of Exhibit "A" attached
hereto and made a part hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
the Office of the City Clerk where said record
may be examined and copied by any
interested party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development fifteen (16) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said
project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making,
and action assumed and carried out by the
City of Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on
behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is
brought to enforce responsibilities in relation to
environmental review, decision making and
action.
Section 6. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Buol. Carried by the following vote:
Yeas-Council Members Buol, Krieg,
Michalski, Nicholson, Robbins. Nays-Mayor
Duggan.
City Manager recommending execution of
contract with Kirkham Michael for master
planning of Industrial Parks, presented and
read. Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 6-0.
RESOLUTION NO. 222-97
RESOLUTION APPROVING A CONTRACT
FOR DESIGN AND ENGINEERING
SERVICES WITH KIRKHAM, MICHAEL
AND ASSOCIATES INC. FOR COUNTY
FARM INDUSTRIAL PARK
DEVELOPMENT.
Whereas, the City of Dubuque, Iowa has
identified a critical need to develop industrial
land within the community to provide
opportunities for economic development and
job creation; and
Whereas, in response to a request for
proposals process Kirkham, Michael and
Associates Inc. has submitted a proposal to
complete the design and engineering for
development of an industrial park on the
County Farm property; and
Whereas, the City Council of the City of
Dubuque has selected Kirkham, Michael and
Associates Inc. to pertorm the design and
engineering work for the project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a contract for
professional services with Kirkham, Michael
and Associates Inc. to provide design and
engineering services for County Farm
industrial park development is hereby
approved.
Section 2. That the City Manager is
hereby authorized to execute, on behalf of the
City Council of the City of Dubuque, Iowa, a
contract with Kirkham, Michael and
Associates Inc. for consultant services not to
exceed $469,814.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
City Manager recommending approval of
placement of stop signs at intersections of
Patricia Ann & Geraldine Dr. and June Dr. &
Valentine Dr., presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Michalski. Motion carried 6-0.
An Ordinance Modifying Subsection (b) of
Section 32-24 providing for addition of stop
signs at intersections of June Drive and
Valentine Drive. and at Patricia Ann &
Geraldine Dr. for Eastbound and Westbound
traffic, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 30-97
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY MODIFYING
SUBSECTION (b) OF SECTION 32-214
THEREOF PROVIDING FOR THE
ADDITION OF STOP SIGNS AT JUNE
DRIVE AND VALENTINE DRIVE AND AT
PATRICIA ANN DRIVE AND GERALDINE
DRIVE
Regular Session, May 19, 1997
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of
the City of Dubuque, Iowa be amended by
adding June Drive and Patricia Ann Drive to
Subsection (b) of Section 32-214 thereof as
follows:
"Sec_ 32-214. Stoo Intersections.
(b)
Eastbound and Westbound
June Drive and Valentine Drive.
Patricia Ann Drive and Geraldine Drive."
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 23rd day of May, 1997.
1t 523 Mary A. Davis CMC, City Clerk
Council Member Buol moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Michalski.
Motion carried 6-0. Council Member Buol
moved final consideration and passage of the
Ordinance. Seconded by Council Member
Michalski. Motion carried 6-0.
City Manager recommending approval of
final plat for portion of Fremont Heights
Subdivision, presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Robbins. Motion carried 6-0.
RESOLUTION NO. 223-97
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THROUGH 12,
INCLUSIVE, BLOCK 1, LOTS 1 THROUGH
8, INCLUSIVE, BLOCK 2 AND LOT M, ALL
OF FREMONT HEIGHTS SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 through 12,
inclusive, Block 1, Lots 1 through 8, inclusive,
Block 2 and Lot M, all of Fremont Heights
Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a
street to be known as Barbaralee Drive,
together with certain public utility and sewer
easements which the owners by said final plat
have dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed
by the City Planner and had her approval
endorsed thereon, subject to the owners
agreeing to the conditions noted in Section 2
below; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and ordinances
relating to it, except that no streets or public
utilities have yet been constructed or installed;
and
Whereas, the City Council concurs in the
conditions of approval established by the
Zoning Advisory Commission and the City
Planner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of
Barbaralee Drive (Lot M), together with the
easements for public utilities, sanitary sewer,
storm sewer and water mains as they appear
upon said final plat, be and the same are
hereby accepted; and
Section 2. That the plat of Lots 1 through
12, inclusive, Block 1, Lots 1 through 8,
inclusive, Block 2 and Lot M, all of Fremont
Heights Subdivision, is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing:
a. To reduce Barbaralee Drive (Lot M) to
grade and to construct concrete curb and
gutter and to hard surtace with asphaltic
concrete, or with concrete paving with
integral curb, all in accordance with the City
of Dubuque standard specifications, all in
a manner acceptable to the City Engineer,
and in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City
Engineer.
b. To install sanitary sewer mains and sewer
service laterals into each individual lot,
water mains and water service laterals into
each individual lot, storm sewers and catch
basins, boulevard street lighting and
erosion control devices all in accordance
with the City of Dubuque standard
specifications, all in a manner acceptable
to the City Engineer, and in accordance
with construction improvement plans
approved by the City Engineer, and
inspected by the City Engineer.
c. To construct said improvements, prior to
two (2) years from the date of acceptance
of this resolution, at the sole expense of the
owners, or future owners;
d. To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the
Cily of Dubuque, Iowa, at the sole expense
of the owners, or future owners;
And further provided that said Three M
Development Corporation, as owners of said
property, shall secure the pertormance of the
foregoing conditions provided in this Section
by providing guarantees in such form and with
such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner of the property
abutting the public right-of-way, as required by
City Code 41-161 through 41-164. The
responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will
not be required until the development of the lot
has been completed, except as required
herein. In sparsely developed subdivisions,
sidewalks on developed lots will not be
Regular Session, Mav 19, 1997
required until 50 % of the lots approved by the
plat have been developed. All vacant lots shall
have sidewalks installed upon development of
80 % of the lots approved by the plat.
Section 4. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have
been completed in accordance with the
improvement plans and City standard
specifications and accepted by City Council
Resolution.
Section 5. That in the event Three M
Development Corporation shall fail to execute
the acceptance and furnish the guarantees
provided in Section 2 hereof within 180 days
after the date of this Resolution, the provisions
hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 223-97
We, the undersigned, Three M
Development Corporation, having read the
terms and conditions of the Resolution No.
223-97 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 25 day of
June, 1997.
Three M Development Corporation
By /s/Martin McNamer
To: Mary A. Davis, City Clerk
This is to certify that all proper security for
the foregoing Resolution No. 223-97 has been
properly filed.
Dated at Dubuque, Iowa this 26th day of
June, 1997.
Michael Van Milligen
City Manager
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
Zoning Advisory Commission advising of
their approval to reclassify property West of
North Cascade Road and East or Tyra Lane
from R-3 to C-2 District, presented and read.
Council Member Michalski moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
An Ordinance Amending Zoning Map by
reclassifying property West of Happy Tails
Kennel at 11376 North Cascade Road and
East of Tyra Lane from R-3 Moderate Density
Multi-Family Residential District to C-2
Neighborhood Shopping Center District,
presented and read. Council Member
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by Council
Member Buol. Motion carried 6-0. Council
Member Michalski moved that a Public
Hearing be held on the proposed Ordinance
on the 2nd day of June, 1997 at 7:00 p.m. in
the Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed
by law. Seconded by Council Member Buol.
Motion carried 6-0.
Cily Manager recommending to set a public
hearing for June 2, 1997 to Authorize an Offer
to buy Real Estate and acceptance for
Bergfeld Farm, presented and read. Council
Member Krieg moved that the communication
be received and filed. Seconded by Council
Member Nicholson. Motion carried 6-0.
RESOLUTION NO. 224-97
RESOLUTION FIXING DATE FOR A
MEETING ON THE AUTHORIZATION OF
AN OFFER TO BUY REAL ESTATE AND
ACCEPTANCE, INCLUDING PROVISIONS
PROVIDING A LOAN TO THE CITY IN THE
PRINCIPAL AMOUNT OF $665,500 AND
APPROVING THE FORM OF FARM LEASE
ATTACHED THERETO, AND PROVIDING
FOR PUBLICATION OF NOTICE THEREOF.
WHEREAS, it is deemed necessary and
advisable that the City of Dubuque, Iowa (the
"City'), should provide for the authorization of
an Offer to Buy Real Estate and Acceptance,
including provisions providing a loan to the
City in the principal amount of $655,500 and
approving the form of Farm Lease attached
thereto (together, the "Agreement"), between
the City, as Buyer, and Kenneth G. Bergfeld
and Janet M. Bergfeld, as Sellers, as
authorized by Sections 384.24A and 384.25,
Code of Iowa, as amended, a copy of which is
now before this Council and incorporated
herein by the reference, for the purpose of
acquiring the real property described therein
from the Sellers; and
WHEREAS, the Agreement and the loan
described therein shall be payable from the
General Fund of the City; and
WHEREAS, before a loan agreement may
be authorized, it is necessary to comply with
the provisions of the City Code of Iowa, as
amended, and to publish a notice of the
proposal and of the time and place of the
meeting at which the Council proposes to take
action for the authorization of the loan
agreement and to receive oral and/or written
objections from any resident or property owner
of the City to such action.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this City Council meet in
the Carnegie-Stout public Library Auditorium,
11th and Bluff Streets, Dubuque, Iowa, at 7:00
o'clock P.M. on the 2nd day of June, 1997, for
the purpose to taking action on the matter of
the authorization of the Agreement and the
approval of the provisions thereof, including
those provisions providing a loan to the City in
the principal amount of $655,500 and
approving the form of Farm Lease attached
thereto, for the purpose of acquiring the real
property described therein.
Section 2. That the City Clerk is hereby
directed to cause at least one publication to be
made of a notice of said meeting, in a legal
Regular Session, May 19, 1997
newspaper, printed wholly in the English
language, published at least once weekly, and
having general circulation in said City, said
publication to be not less than four clear days
nor more than twenty days before the date of
said public meeting on the authorization of
said Agreement.
Section 3. The notice of the proposed
action shall be in substantially the following
form:
NOTICE OF MEETING OF THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE
PROPOSED AUTHORIZATION OF AN
OFFER TO BUY REAL ESTATE AND
ACCEPTANCE, INCLUDING
PROVISIONS PROVIDING A LOAN TO
THE CITY IN THE PRINCIPAL AMOUNT
OF $655,500 AND APPROVING THE
FORM OF FARM LEASE ATTACHED
THERETO, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
PUBLIC NOTICE is hereby given that the City
Council of the City of Dubuque, Iowa (The
"City') will hold a public hearing on the 2nd
day of June, 1997 at 7:00 o'clock P.M. in the
Carnegie-Stout Public Library Auditorium,
11th and Bluff Streets, Dubuque, Iowa, at
which meeting the Council proposed to take
additional action for the authorization of an
Offer to Buy Real Estate and Acceptance,
including provisions providing a loan to the
City in the principal amount of $655,500 and
approving the form of Farm Lease attached
thereto (together, the "Agreement"), between
the City, as Buyer, and Kenneth G. Bergfeld
and Janet M. Bergfeld, husband and wife, as
Sellers, for the purpose of acquiring the real
property described therein. Principal and
interest due from the general fund of the City
with respect to the loan provisions of the
proposed Agreement and all other loan
agreements in force on the date of
authorization will not exceed ten percent (10%)
of the last certified general fund budget
amount.
A copy of the Agreement has been placed
on file in the office of the City Clerk and may
be inspected during regular office hours.
At the above meeting, the Council shall
received oral or written objections from any
resident or property owner of the City to the
above action. After all objections have been
received and considered, the Council will at
this meeting or at any adjournment thereof,
take additional action for the authorization of
the Agreement or will abandon the proposal.
This notice is given by order of the City
Council of Dubuque, Iowa, as provided by
Sections 384.24A and 384.25 of the City Code
of Iowa, as amended.
Dated this 19th day of May, 1997.
Mary A. Davis, City Clerk of Dubuque, Iowa
(End of Notice)
Passed and approved this 19th day of May,
1997.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
Cily Manager recommending to dispose of
City's interest in Lot 100 of Lenox Addition,
presented and read. Council Member Krieg
moved that the communication be received
and filed. Seconded by Council Member
Nicholson. Motion carried 6-0.
RESOLUTION NO. 225-97
RESOLUTION OF INTENT TO DISPOSE OF
INTEREST IN LOT 100 LENNOX ADDITION
IN THE CITY OF DUBUQUE TO MICHAEL
E. AND DENISE G. ERSCHEN
Whereas, the City of Dubuque is the
current owner of Lot 100 of Lenox Addition in
the City of Dubuque, Iowa; and
Whereas, the adjacent property owners,
Michael E. and Denise G. Erschen, have
petitioned to purchase said property of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in Lot 100 of
Lenox Addition to Michael E. and Denise G.
Erschen.
Section 2. That the conveyance of the
City's interest shall be for the sum of $1.00
plus publication and filing fees and disposed
of by quit claim deed.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause a
notice to be published as prescribed under
Section 364.7 Disposal of Property, Code of
Iowa, 1997 or as amended.
Passed, approved and adopted this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Nicholson. Motion carried 6-0.
City Manager submitting bidding
documents for Dubuque Greyhound Park &
Casino's Purchase of Methane Collection
System Equipment, presented and read.
Council Member Robbins moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Michalski,
Nicholson, Robbins. Nays-None.
Abstain-Council Member Krieg.
Absent-Council Member Voetberg.
RESOLUTION NO. 226-97
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Dubuque Greyhound Park & Casino -
Purchase of Methane Collection System
Equipment, in the estimated amount of
$33,988.00, are hereby approved and ordered
filed in the office of the City Clerk for public
inspection.
Regular Session, Mav 19, 1997
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins.
Nays-None. Abstain-Council Member
Krieg. Absent-Council Member Voetberg.
RESOLUTION NO. 227-97
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Dubuque
Greyhound Park & Casino - Purchase of
Methane Collection System Equipment.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 2nd day of June, 1997, a public
hearing will be held at 7:00 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and specifications,
fonn of contrail and cost of said improvement,
and the City Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper having
general circulation in the City of Dubuque,
Iowa, which notice shall be not less than four
days nor more than twenty days prior to the
dayfxed for its consideration. At the hearing,
any interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated cost of
the improvement.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins.
Nays-None. Abstain-Council Member
Krieg. Absent-Council Member Voetberg.
RESOLUTION NO. 228-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Dubuque Greyhound Park &
Casino - Purchase of Methane Collection
System Equipment is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
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 27th 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 2nd day of
June, 1997.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins.
Nays-None. Abstain-Council Member
Krieg. Absent-Council Member Voetberg.
City Manager submitting bidding
documents for Inter-facility Buried
Communication Ducts with Innerducts Project,
presented and read. Council Member Buol
moved that the communication be received
and filed. Seconded by Council Member
Robbins. Motion carried 6-0.
RESOLUTION NO. 229-97
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
City Government Inter-Facility Fiber Optic
Communication Network - Phase 1 -
Construction/Installation of Buried Ducts with
Innerducts, in the estimated amount of
$195,633.00, are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
RESOLUTION NO. 230-97
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the City
Government Inter-Facility Fiber Optic
Communication Network - Phase 1 -
Construction/Installation of Buried Ducts with
Innerducts.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 16th day of June, 1997, a
Regular Session, May 19, 1997
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form a contract and cost of
said improvement, and the City clerk be and is
hereby directed to cause a notice of time and
place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twenty
days priorto the day fixed for its consideration.
At the hearing, any interested person may
appear and file objections to the proposed
plans, specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
RESOLUTION NO. 231-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Government inter-Facility
Fiber Optic Communication Network -Phase
1 -Construction/Installation of Buried Ducts
with Innerducts is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security of accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as 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 3rd day of June, 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 16th day of
June, 1997.
Passed, adopted and approved this 19th
day of May, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
property. Seconded by Council Member
Buol. Motion carried 6-0.
At 10:23 Council reconvened Regular
Session with statement that Staff had been
given direction.
There being no further business, Council
Member Michalski moved to adjourn the
meeting. Seconded by Council Member Buol.
Motion carried 6-0. The meeting adjourned at
10:24 p.m.
Mary A. Davis CMC
City Clerk
Approved , 1997
Adopted 1997
Mayor
Attest:
City Clerk
Bruce Hogan, 439 Clarke Dr., requested
that the City upgrade and maintain a 250'long
open alley.
At 10:08 Council Member Michalski moved
to go into Closed Session - In accordance
with Chapter 21.5 1.Q) 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
Council Members