1997 July Council Proceedings
Regular Session, July 7, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, July 7, 1997
Council Met at 5:00 P.M., Public Library
Auditorium.
Approved , 1997
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Adopted , 1997
Voetberg, City Manager Michael C. Van
Milligen.
Mayor Duggan read the call and stated this
Mayor
is a Special Session of the City Council called
for the purpose to discuss and give further
direction on the Mississippi Riverwalk and
Amenities project in specific areas.
Discussion on the Mississippi Riverwalk
and Amenities Project in specific areas was
held.
Council Member Michalski moved that the
documents be received and filed and a public
hearing be set on this project for July 21, 1997
at 7:00 p.m. in the Public Library Auditorium
Council Members
and directed the City Clerk to publish notice in
Attest:
the manner prescribed by law. Seconded by
Council Member Buol. Motion carried 7-0.
City Clerk
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member Buol.
Motion carried 7-0. The meeting adjourned at
6:57 p.m.
Mary A. Davis CMC
City Clerk
Regular Session, July 7, 1997
Westemeier in approx. amt. of $250.00 for
vehicle damages, presented and read.
DUBUQUE
Council Member Voetberg moved that the
claims and suits be referred to the Legal Staff
for investigation and report. Seconded by
CITY COUNCIL
Council Member Michalski. Motion carried 7-
0.
OFFICIAL
Corporation Counsel advising personal
PROCEEDINGS
injury claim of Ethel Hutter has been referred
to Crawford & Company, the agent for the
Iowa Communities Assurance Pool, presented
City Council, Regular Session, July 7, 1997
and read. Council Member Voetberg Voetberg
Council Met at 7:00 p.m., Public Library
moved that the communication be received
Auditorium.
and filed. Seconded by Council Member
Present: Mayor Duggan, Council Members
Michalski. Motion carried 7-0.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael C. Van
City of Asbury advising of voluntary
Milligen, Corporation Counsel Barry A.
annexation of twelve parcels of property lying
Lindahl.
west of their City’s corporate limits, presented
and read. Council Member Voetberg moved
Mayor Duggan read the call and stated this
that the communication be received and filed.
is the Regular Session of the City Council
Seconded by Council Member Michalski.
called for the purpose to act upon such
Motion carried 7-0.
business which may properly come before the
Council.
June 25, 1997
Honorable Mayor and Members of the City
Invocation was given by Rev. Woody
Council
Allabough, Pastor of the Third Presbyterian
In accordance with Chapter 400 of the 1997
Church.
Code of Iowa, the Civil Service Commission
conducted a written examination on May 29,
MINUTES SUBMITTED—Airport
1997 for the position of Equipment Mechanic
Commission of 5-20; Cable TV Regulatory
as requested by the Water Plant Manager.
Commission of 6-18; Civil Service
We hereby certify that the following individuals
Commission of 5-14; Environmental
have passed this written examination and
Stewardship Advisory Commission of 6-3;
vacancy for this position should be made from
Five Flags Commission of 6-16; Human
this list.
Rights Commission of 5-12, presented and
EQUIPMENT MECHANIC
read. Council Member Voetberg moved that
Kenneth MasseyThomas Moriarity
the minutes be received and filed. Seconded
Jim Gillen
by Council Member Michalski. Motion carried
Respectfully submitted,
7-0.
Merle J. Duehr, Jr.
Chairperson
Council Member Voetberg moved that the
Loras J. Kluesner
Library Board of Trustees Minutes of 5-22 be
Civil Service Commission
referred to the Library Board for correction.
Council Member Voetberg moved that the
Seconded by Council Member Michalski.
above Civil Service certification be made a
Motion carried 7-0.
matter of record. Seconded by Council
Member Michalski. Motion carried 7-0.
Proofs of Publication on publishing City
Council proceedings for meeting of 6-2 & 6-
City Manager recommending to refer the
16; List of Claims and Summary of Revenues
communication with Attorney Brendan Quann
for month ending 5-31-97, presented and
regarding an incident with their client “Molo
read. Council Member Voetberg moved that
Big-10 Mart” to him, presented and read.
the proofs be received and filed. Seconded by
Council Member Voetberg moved that this
Council Member Michalski. Motion carried 7-
matter be referred to the City Manager.
0.
Seconded by Council Member Michalski.
Motion carried 7-0.
NOTICES OF CLAIMS/SUITS — Olin
Bechen in amount of $1,108.65 for vehicle
Terry & Sue Brown requesting to purchase
damages; Edward Francis Davis in amount of
20 feet of property directly west of their home
$584.84 for vehicle damages; Wendel
at 2215 Marion St., presented and read.
Draman in est. amt. of $362.21 for vehicle
Council Member Voetberg moved that this
damages; Gloria S. Hill in amount of $245.00
matter be referred to the City Manager.
for personal injuries; Mary J. Johns in amount
Seconded by Council Member Michalski.
of $700.00 for personal injuries; Shawn
Motion carried 7-0.
Kascel in amount of $50.00 for tire damages;
Marion Mauer by Attorney Patricia M. Reisen
Council Member Voetberg requesting
in unknown amount for personal injuries; Ron
Corporation Counsel to investigate the “Brady
Pfiffner in amount of $288.38 for truck
Bill” decision by the U.S. Supreme Court,
damages; Sisters of St. Francis in amount of
presented and read. Council Member
$114.93 for vehicle damages; Amber
Regular Session, July 7, 1997
Voetberg moved that this matter be referred toImpact on the Environment and Notice of
the Legal Staff. Seconded by CouncilIntent to Request Release of Funds for the
Member Michalski. Motion carried 7-0. Kerper Boulevard Industrial Park and
Operation New View/Bluff Street Head Start
Kristin Hartig advising of intent to appeal aand to make the Environmental Review
tree planting complaint, presented and read.Record for said projects available for public
Council Member Voetberg moved that thisinspection and comment until 4:30 p.m. on
matter be tabled to the Council Meeting of 8-4-July 25, 1997. Such notice shall be in the
97. Seconded by Council Member Michalski.form of Exhibit "A" attached hereto and made
Motion carried 7-0. a part hereof.
Section 2. That the environmental review
City Manager recommending approval torecord for the projects shall be placed on file
publish Notice of Finding and Intent toin the Office of the City Clerk where said
Release Funds, presented and read. Councilrecord may be examined and copied by any
Member Voetberg moved that theinterested party.
communication be received and filed.Section 3. That the Mayor of the City of
Seconded by Council Member Michalski.Dubuque is hereby authorized and directed to
Motion carried 7-0. submit to the U.S. Department of Housing and
Urban Development fifteen (15) days after
RESOLUTION NO. 275-97publication of appropriate notice a Request for
A RESOLUTION AUTHORIZINGRelease of Funds to undertake the said
PUBLICATION OF A COMBINED NOTICEprojects.
OF FINDING OF NO SIGNIFICANT IMPACTSection 4. That the Mayor of the City of
ON THE ENVIRONMENT AND NOTICE OFDubuque is hereby authorized to consent to
INTENT TO REQUEST RELEASE OFassume the status of a responsible federal
FUNDS FOR THE KERPER BOULEVARDofficial under the National Environmental
INDUSTRIAL PARK AND OPERATIONProtection Act, insofar as the provisions of the
NEW VIEW/BLUFF STREET HEAD STARTsaid Act apply to the U.S. Department of
PROJECTS.Housing and Urban Development
Whereas, the City of Dubuque has enteredresponsibilities for review, decision making,
into a Grant Agreement for the with the U.S.and action assumed and carried out by the
Department of Housing and UrbanCity of Dubuque as to environmental issues.
Development, providing for financialSection 5. That the Mayor of the City of
assistance to the City under Title I of theDubuque is hereby authorized to consent
Housing and Community Development Act ofpersonally, in his official capacity and on
1974, as amended; andbehalf of the City of Dubuque, to accept the
Whereas, pursuant to the rules andjurisdiction of the federal courts if an action is
regulations as promulgated by the U.S.brought to enforce responsibilities in relation to
Department of Housing and Urbanenvironmental review, decision making and
Development, an environmental review hasaction.
been processed for the Kerper BoulevardSection 6. That the Mayor of the City of
Industrial Park and Operation New View/BluffDubuque be and he is hereby authorized and
Street Head Start to be financed withdirected to execute a certification pertaining to
Community Development Block Grant funds;the environmental review procedures.
andPassed, approved and adopted this 7th day
Whereas, based on said environmentalof July, 1997.
reviews, the Department of Community andTerrance M. Duggan, Mayor
Economic Development has determined thatAttest: Mary A. Davis, City Clerk
said projects will have no significant impact onCouncil Member Voetberg moved adoption
the environment; andof the Resolution. Seconded by Council
Whereas, a combined notice of " Finding ofMember Michalski. Motion carried 7-0.
No Significant Impact on the Environment"
and of "Intent to Request Release of Funds"City Manager recommending approval of
for said projects will be sent by regular mail toPurchase of Service Agreements with the
various federal, state and local publicfollowing organizations: Project Concern, Inc.
agencies; to the appropriate Regional Office ofInformation and Referral Program in the
the Environmental Protection Agency, to theamount of $24,500 and Child Care Referral
HUD Area Office and to the local news media,Program in the amount of $7,400; Washington
individuals and groups known to be interestedTool Library, inc. in amount of $10,000;
and believed to be appropriate to receive suchSubstance Abuse Services Center in amount
a notice; andof $11,450; Operation: New View in amount of
Whereas, any and all comments received$13,675; Project Concern, Inc., Foster
as a result of such notice will be dulyGrandparent Program in amount of $5,047;
considered before proceeding with a RequestDubuque Area Labor-Management Council in
for Release of Funds and Certification.amount of $15,008; Helping Services of
NOW, THEREFORE, BE IT RESOLVEDNortheast Iowa, Inc. in amount of $1,823;
BY THE CITY COUNCIL OF THE CITY OFGreater Dubuque Development Corporation in
DUBUQUE, IOWA:amount of $80,318; RSVP in amount of
Section 1. That the City Clerk be and is$7,162; Dubuque Area Chamber of
hereby authorized and directed to publish aCommerce Convention and Visitors Bureau in
combined Notice of Finding of No Significantamount of $394,053; Dubuque Main Street,
Regular Session, July 7, 1997
Ltd. in amount of $42,966, presented andSection 4. That the Mayor is hereby
read. Council Member Voetberg moved thatauthorized and directed to execute, on behalf
the agreements be approved. Seconded byof the City Council of the City of Dubuque,
Council Member Michalski. Motion carried 7-Iowa, each of the Utility Relocation
0. Agreements as hereby attached and to
forward the agreements to the Iowa
City Manager recommending approval of adepartment of Transportation for authorization.
contract with HUD for the lead paint hazardPassed, approved and adopted this 7th day
reduction in residential properties program andof July, 1997.
authorize Mayor to sign, presented and read.Terrance M. Duggan, Mayor
Council Member Voetberg moved that theAttest: Mary A. Davis, City Clerk
communication be received and filed andCouncil Member Voetberg moved adoption
recommendation approved. Seconded byof the Resolution. Seconded by Council
Council Member Michalski. Motion carried 7-Member Michalski. Motion carried 7-0.
0.
City Manager recommending to approve
City Manager recommending approval ofrequest to transfer funds from two projects to
agreements for the Old Main Freewayallow for emergency replacement of the Five
Frontage improvement Project, presented andFlags Center arena roof, presented and read.
read. Council Member Voetberg moved thatCouncil Member Voetberg moved that the
the communication be received and filed.communication be received and filed and
Seconded by Council Member Michalski.recommendation approved. Seconded by
Motion carried 7-0. Council Member Michalski. Motion carried 7-
0.
RESOLUTION NO. 276-97
RESOLUTION APPROVING UTILITYCity Manager recommending approval of
RELOCATION AGREEMENTS WITHagreement with HUD for funds in Fiscal Year
INTERSTATE POWER COMPANY, US1998, presented and read. Council Member
WEST COMMUNICATIONS AND TCI OFVoetberg moved that the communication be
IOWA, INC. FOR THE OLD MAINreceived and filed. Seconded by Council
FREEWAY FRONTAGE IMPROVEMENTMember Michalski. Motion carried 7-0.
PROJECT
Whereas, the City of Dubuque, Iowa hasRESOLUTION NO. 277 -97
received federal Intermodal SurfaceRESOLUTION AUTHORIZING EXECUTION
Transportation Efficiency Act (ISTEA) fundingOF A COMMUNITY DEVELOPMENT
from the Iowa Department of TransportationBLOCK GRANT AGREEMENT WITH THE
under the Statewide Enhancement FundingU.S. DEPARTMENT OF HOUSING AND
Program for the Old Main Freeway FrontageURBAN DEVELOPMENT.
Improvement Project; and Whereas, under provisions of Title I of
Whereas, the Old Main Freeway FrontageHousing and Community Development Act of
Improvement Project consists of placing1974, as amended, the City of Dubuque
underground the overhead wires in a fourprepared and submitted an Annual Action
block area of downtown Dubuque adjoiningPlan for a Community Development Block
U.S. Highway 61-151; and Grant; and
Whereas, said project furthers the goalsWhereas, the submission has been
and objectives of the Downtown Urbanapproved by the U.S. Department of Housing
Renewal Plan; and and Urban Development in the amount of
Whereas, Utility Relocation Agreements$1,407,000 for a twelve month program year
between the City of Dubuque and Interstatecommencing July 1, 1997 and ending June
Power Company, US West Communications30, 1998; and
and TCI of Iowa, Inc. To relocate their aboveWhereas, a grant agreement covering the
ground facilities underground between 4thactivities proposed to be carried out with the
Street and the Locust Street connector haveCommunity Development Block Grant funds
been prepared and are attached hereto.has been transmitted to the City of Dubuque
NOW, THEREFORE, BE IT RESOLVEDby the U. S. Department of Housing and
BY THE CITY COUNCIL OF THE CITY OFUrban Development..
DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED
Section 1. That the attached UtilityBY THE CITY COUNCIL OF THE CITY OF
Relocation Agreement between the City ofDUBUQUE, IOWA:
Dubuque and with Interstate Power CompanySection 1. That the Funding
for a total estimated cost of $423,654 isApproval/Agreement, authorized by the U.S.
hereby approved.Department of Housing and Urban
Section 2. That the attached UtilityDevelopment on June 12, 1997 for a
Relocation Agreement between the city ofCommunity Development Block Grant to the
Dubuque and with U.S. WestCity of Dubuque in the amount of $1,407,000
Communications for a total estimated cost ofand identified as Grant Number B-97-MC-19-
$38,017 is hereby approved.0004 is hereby accepted.
Section 3. That the attached UtilitySection 2. That the Mayor of the City of
Relocation Agreement between the City ofDubuque be and he is hereby authorized and
Dubuque and with TCI of Iowa, Inc. For a totaldirected to execute said Agreement on behalf
estimated cost of $15,678 is hereby approved.of the City of Dubuque, Iowa.
Regular Session, July 7, 1997
Passed, approved and adopted this 7th dayRESOLUTION NO. 278-97
of July, 1997.ACCEPTING IMPROVEMENT
Terrance M. Duggan, MayorWhereas, the contract for the Stafford and
Attest: Mary A. Davis, City ClerkRies Street Storm Sewer Extension has been
Council Member Voetberg moved adoptioncompleted and the City Manager has
of the Resolution. Seconded by Councilexamined the work and filed his certificate
Member Michalski. Motion carried 7-0. stating that the same has been completed
according to the terms of the contract, plans
City Manager recommending submission ofand specifications and recommends it
a $10,000 grant application to the Governor’sacceptance.
Traffic Safety Bureau for the purchase ofNOW THEREFORE, BE IT RESOLVED
portable devices that measure traffic counts,BY THE CITY COUNCIL OF THE CITY OF
speed, and size of vehicles, presented andDUBUQUE, IOWA:
read. Council Member Voetberg moved thatSection 1. That the recommendation of the
the communication be received and filed andCity Manager be approved and that said
approved recommendation. Seconded byimprovement be and the same is hereby
Council Member Michalski. Motion carried 7-accepted.
0. BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
City Manager submitting issues for the nextto the contractor from the Storm Sewer Fund
session of the Iowa Legislature, as amendedin amount equal to the amount of his contract,
per the City Manager, presented and read.less any retained percentage provided for
Council Member Michalski moved that thetherein.
communication be received and filed.Passed, approved and adopted this 7th day
Seconded by Council Member Nicholson.of July, 1997.
Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
City Manager recommending to apply for aCouncil Member Voetberg moved adoption
Law Enforcement Block Grant, presented andof the Resolution. Seconded by Council
read. Council Member Council MemberMember Michalski. Motion carried 7-0.
Voetberg moved that the communication be
received and filed and recommendationRESOLUTION NO. 279-97
approved. Seconded by Council MemberFINAL ESTIMATE
Michalski. Motion carried 7-0. Whereas, the contract for the Stafford
and Ries Storm Sewer Extension has been
City Manager recommending replacementcompleted and the City Engineer has
of HVAC System at 18th Street, presentedsubmitted his final estimate showing the cost
and read. Council Member Voetberg movedthereof including the cost of estimates, notices
that the communication be received and filedand inspection and all miscellaneous costs;
and recommendation approved. Seconded byNOW THEREFORE, BE IT RESOLVED
Council Member Michalski. Motion carried 7-BY THE CITY COUNCIL OF THE CITY OF
0. DUBUQUE, IOWA:
Section 1. That the cost of said
City Manager recommending amendingimprovement is hereby determined to be
City/Corey Development, Ltd., Real Estate$46,206.81 and the said amount shall be paid
Contract to allow structural construction tofrom Storm Sewer Funds of the City of
commence by September 1, 1997, presentedDubuque, Iowa.
and read. Council Member Voetberg movedPassed, approved and adopted this 7th day
that the communication be received and filedof July, 1997.
and recommendation approved. Seconded byTerrance M. Duggan, Mayor
Council Member Michalski. Motion carried 7-Attest: Mary A. Davis, City Clerk
0. Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
City Manager recommending law firm ofMember Michalski. Motion carried 7-0.
Miller & Van Eaton be retained to assist with
telecommunication issues, presented andRESOLUTION NO. 280-97
read. Council Member Voetberg moved thatNOW, THEREFORE, BE IT RESOLVED
the communication be received and filed andBY THE CITY COUNCIL OF THE CITY OF
recommendation approved. Seconded byDUBUQUE, IOWA:
Council Member Michalski. Motion carried 7-That the following having complied with the
0. provisions of law relating to he sale of
Cigarettes within the City of Dubuque, Iowa,
City Manager recommending acceptance ofbe granted a permit to sell Cigarettes and
Stafford and Ries Street Storm SewerCigarette Papers within said City.
Extension project, presented and read.14 RENEWALS
Council Member Voetberg moved that theBILLY BUCKS EAST ST TAP
communication be received and filed andMY-CAP VENDORS521 E 22ND ST
recommendation approved. Seconded byDAY’S INN
Council Member Michalski. Motion carried 7-VENDORS UNLIMITED1111 DODGE ST
0. DUBUQUE INN BEST WESTERN
VENDORS UNLIMITED3434 DODGE ST
Regular Session, July 7, 1997
HOLIDAY INN FIVE FLAGShave been submitted to this Council for
KINSETH HOTEL450 MAIN STapproval and the same have been examined
JULIEN INNVENDORS UNLIMITEDand approved; and
200 MAIN ST Whereas, the premises to be occupied by
K C”S DOWNTOWN AUTOLYNN KRUSERsuch applicants were inspected and found to
205 LOCUST STcomply with the State Laws and all City
LOUNGEPHILLIP LOVEOrdinances relevant thereto and they have
481 LOCUST STfiled proper bonds.
MILKHOUSE ON GRANDVIEWNOW, THEREFORE, BE IT RESOLVED
SANDRA J. MICHEL620 W. GRANDVIEWBY THE CITY COUNCIL OF THE CITY OF
MURPH’S SOUTH END TAPDUBUQUE, IOWA:
PAMELA J. MURPHY135 FREMONT AVEThat the Manager be authorized to cause to
TONY’S PLACEbe issued the following named applicants a
ANTHONY T KAMP1701 CENTRAL AVELiquor License.
TOTT’S TAPCLASS “C” (COMMERCIAL)
LISA TOTT & CAROL MEYERSBEER/LIQUOR LICENSE
3457 JACKSON STPamela J. MurphyMurphs South End Tap
TRI STATE GOLF CENTER55 Locust
TRI STATE GOLF CNTR INCPlastic Center Inc.Fischer Bowling Ln
1095 CEDAR CROSS RD+(Sunday Sale)800 Locust
WHITE HOUSE TAPCraig J. WeinerWalnut Tap
DAVID H. HOFFMAN450 W. LOCUST ST +(Sunday Sale)709 University
ZIRK’SDENNIS ZIRKELBACHCurtis L. GerhardKnickers Saloon
1689 ELM ST +(Sunday Sale)2186 Central
Passed, approved and adopted this 7th dayEthel SchwartzAirport Inn
of July, 1997. +(Sunday Sale)574 E 16th St
Terrance M. Duggan, MayorPeggy SchallerP.J.’s Tap
Attest: Mary A. Davis, City Clerk + (Sunday Sale)500 Rhomberg
Council Member Voetberg moved adoptionCLASS “BW” WINE
of the Resolution. Seconded by CouncilMildred M DolterBasket Expressions
Member Michalski. Motion carried 7-0. 474 Bluff St
Passed, approved and adopted this 7th day
RESOLUTION NO. 281-97of July, 1997.
Whereas, applications for Beer PermitsTerrance M. Duggan, Mayor
have been submitted and filed to this CouncilAttest: Mary A. Davis, City Clerk
for approval and the same have beenCouncil Member Voetberg moved adoption
examined and approved; and of the Resolution. Seconded by Council
Whereas, the premises to be occupied byMember Michalski. Motion carried 7-0.
such applicants were inspected and found to
comply with the Ordinances of this City andBOARDS AND COMMISSIONS:
have filed proper bonds.Applicants interested in serving on
NOW, THEREFORE, BE IT RESOLVEDfollowing Boards/Commissions invited to
BY THE CITY COUNCIL OF THE CITY OFaddress the Council to express their desire to
DUBUQUE, IOWA:serve on the respective Board/Commission.
That the Manager be authorized to cause to
be issued the following named applicants aFIVE FLAGS COMMISSION - Applicant:
Beer Permit.Gary Dolphin.
CLASS “C” BEER PERMIT
Iowa Oil CompLIBRARY BOARD - Applicants: J. L.
IOCO Speede Shoppe # 3+(Sunday Sale)Felderman, Piper L. Kuhljuergen, Kristen
1998 JacksonSmith. Piper Kuhljuergen and Kristen Smith
Mulgrew Oil Coboth spoke requesting consideration.
JFK AMOCO FoodShop+(Sunday Sale)
1701 JFK RdPARK & RECREATION COMMISSION -
Kristina ChapmanOky Doky Foods #14Applicants: Lon Boike, Gary Harjehausen and
+(Sunday Sale)1050 UniversityKim Daykin.
CLASS “B” BEER Kim Daykin spoke requesting
(SPECIAL 5-DAY EVENT) consideration.
St Elias The Prophet
St Elias The Prophet +1075 RockdaleAPPOINTMENT TO HUMAN RIGHTS
(Sunday & Outdoor Service)COMMISSION - Applicants - Linda Smith and
Passed, approved and adopted this 7th dayDiane TeKippe.
July, 1997.Vote on the appointment was as follows:
Terrance M. Duggan, MayorMayor Duggan voted for TeKippe. Council
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved adoption Member Buol voted for TeKippe. Council
of the Resolution. Seconded by CouncilMember Krieg voted for Smith. Counicl
Member Michalski. Motion carried 7-0. Member Michalski voted for Smith. Council
Member Nicholson voted for TeKippe.
RESOLUTION NO. 282-97Council Member Robbins voted for TeKippe.
Whereas, applications for Liquor LicensesCouncil Member Voetberg voted for Smith.
Regular Session, July 7, 1997
Therefore, Diane TeKippe was appointed to ansouthwest corner of Lot 2 of 1 of 2 (except
unexpired term on the Human Rightsthe south 32.9 feet) of the Southwest One-
Commission which will expire 1-1-2000.Quarter of the Southeast One-Quarter of
Section 29;
Council Member Robbins moved that it beThence North 89 degrees 37 minutes 37
resolved to suspend the rules to allow anyoneseconds East, 25.01 feet along the south
present to address the Council if they soline of Lot 2 of 1 of 2 (except the south 32.9
desire. Seconded by Council Member Buol.feet) of the Southwest One-Quarter of the
Motion carried 7-0. Southeast One-Quarter of Section 29 to a
point;
Proof of publication certified to by theThence South 00 degrees 55 minutes 50
Publisher on Notice of Public Hearing toseconds West, 400.00 feet to a point;
reclassify property at 13320-13350 HighwayThence South 74 degrees 21 minutes 01
20 West from AG to C-3 District, presentedseconds West, 592.03 feet to a point;
and read. Council Member Buol moved thatThence 86 degrees 38 minutes 07
the proof of publication be received and filed.seconds West, 225.00 feet to a point;
Seconded by Council Member Robbins.Thence North 3 degrees 21 minutes 53
Motion carried 7-0. seconds West, 125.00 feet to a point;
Thence North 31 degrees 38 minutes 42
Ed Tschiggfrie spoke requesting favorableseconds West, 286.40 feet to a point on
rezoning. the southerly right-of-way line of U.S.
Highway 20;
An Ordinance Amending Zoning Map byThence North 2 degrees 34 minutes 20
reclassifying property at 13320-13350seconds East, 136.15 feet along the
Highway 20 West from AG Agriculturalsoutherly right-of-way line of U.S. Highway
District to C-3 General Commercial District,20 to a point;
said Ordinance having been presented andThence 79 degrees 16 minutes 42
read at the Council Meeting of 6-16-97,seconds East, 358.47 feet along the
presented for further action. southerly right-of-way line of U.S. Highway
20 to a point;
(OFFICIAL PUBLICATION)Thence North 65 degrees 21 minutes 04
ORDINANCE NO. 38-97seconds East, 637.88 feet along the
AN ORDINANCE AMENDING APPENDIX Asoutherly right-of-way line of U.S. Highway
(THE ZONING ORDINANCE) OF THE CITY20 to the point of beginning; and to the
OF DUBUQUE CODE OF ORDINANCES,center line of the adjoining public right-of-
BY RECLASSIFYING HEREINAFTERway, all in the City of Dubuque, Iowa.
DESCRIBED PROPERTY LOCATED ATSection 2. The foregoing amendment has
13320-13350 HIGHWAY 20 WEST FROMheretofore been reviewed by the Zoning
AG AGRICULTURAL DISTRICT TO C-3Advisory Commission of the City of Dubuque,
GENERAL COMMERCIAL DISTRICT.Iowa.
NOW, THEREFORE, BE IT ORDAINEDSection 3. This ordinance shall take effect
BY THE CITY COUNCIL OF THE CITY OFimmediately upon publication, as provided by
DUBUQUE, IOWA:law.
Section 1. That Appendix A (the ZoningPassed, approved and adopted this 7th day
Ordinance) of the City of Dubuque Code ofof July, 1997.
Ordinances is hereby amended byTerrance M. Duggan, Mayor
reclassifying the hereinafter describedAttest: Mary A. Davis, City Clerk
property from AG Agricultural District to C-3Published officially in the Telegraph Herald
General Commercial District, to wit:
newspaper this 14th day of July, 1997.
Commencing at the Southeast Corner of
1t 7/14Mary A. Davis CMC, City Clerk
Section 29, Township 89 North, Range 2 East
Council Member Buol moved final
of the Fifth Principal Meridian, Dubuque
consideration and passage of the Ordinance.
County, Iowa;
Seconded by Council Member Robbins.
Thence northerly along the east line of theMotion carried 7-0.
Southeast One-Quarter of Section 29 to a
point of intersection with the southerly right-Proofs of publication certified to by the
of-way line of U.S. Highway 20;Publisher on Notice of Hearing on Plans &
Thence southwesterly along the southerlySpecifications for Construction of Dubuque
right-of-way line of U.S. Highway 20 to theGreyhound Park & Casino-Parking Lot
northwesterly corner of a parcel of landImprovements AND Loading Dock
sold to Joseph Oberhoffer (State PatentImprovements, presented and read. Council
No. 1197, August 15, 1968, Volume 6,Member Voetberg moved that the proofs be
Page 149) also a point on the easterly linereceived and filed. Seconded by Council
of Lot 1 of 1 of 2 of the Southwest One-Member Buol. Carried by the following vote:
Quarter of the Southeast One-Quarter of
Yeas—Mayor Duggan, Council Members
Section 29, the point of beginning;
Buol, Michalski, Nicholson, Robbins,
Thence South 00 degrees 55 minutes 50
Voetberg. Nays—None. Abstain—Council
seconds West, 264.68 feet along the
Member Krieg.
easterly line of Lot 1 of 1 of 2 of the
Southwest One-Quarter of the Southeast
RESOLUTION NO. 283-97
One-Quarter of Section 29 to the
RESOLUTION ADOPTING
Regular Session, July 7, 1997
PLANS AND SPECIFICATIONSYeas—Mayor Duggan, Council Members
Whereas, on the 11th day of June, 1997,Buol, Michalski, Nicholson, Robbins,
plans, specifications, form of contract andVoetberg. Nays—None. Abstain—Council
estimated cost were filed with the City Clerk ofMember Krieg.
Dubuque, Iowa for the Dubuque Greyhound
Park & Casino - Parking Lot Improvements.Proof of publication certified to by the
Whereas, notice of hearing on plans,Publisher on Notice of Hearing on Plans &
specifications, form of contract, and estimatedSpecifications for Construction of 19th Street
cost was published as required by law.Storm Sewer Reconstruction, presented and
NOW THEREFORE, BE IT RESOLVEDread. Council Member Voetberg moved that
BY THE CITY COUNCIL OF THE CITY OFthe proofs be received and filed. Seconded by
DUBUQUE, IOWA:Council Member Michalski. Motion carried 7-
That the said plans, specifications, form of0.
contract and estimated cost are hereby
approved as the plans, specifications, form ofRESOLUTION NO. 285-97
contract and estimated cost for saidRESOLUTION ADOPTING
improvements for said project.PLANS AND SPECIFICATIONS
Passed, adopted and approved this 7th dayWhereas, on the 28th day of May, 1997,
of July, 1997.plans, specifications, form of contract and
Terrance M. Duggan, Mayorestimated cost were filed with the City Clerk of
Attest: Mary A. Davis, City ClerkDubuque, Iowa for the 19th Street Storm
Council Member Voetberg moved adoptionSewer Reconstruction.
of the Resolution. Seconded by CouncilWhereas, notice of hearing on plans,
Member Buol. Carried by the following vote:specifications, form of contract, and estimated
Yeas—Mayor Duggan, Council Memberscost was published as required by law.
Buol, Michalski, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED
Voetberg. Nays—None. Abstain—CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Krieg. DUBUQUE, IOWA:
That the said plans, specifications, form of
RESOLUTION NO. 284-97contract and estimated cost ware hereby
RESOLUTION ADOPTINGapproved as the plans, specifications, form of
PLANS AND SPECIFICATIONScontract and estimated cost for said
Whereas, on the 11th day of June, 1997,improvements for said project.
plans, specifications, form of contract andPassed, adopted and approved this 7th day
estimated cost were filed with the City Clerk ofof July, 1997.
Dubuque, Iowa for the Dubuque GreyhoundTerrance M. Duggan, Mayor
Park & Casino - Loading Dock Improvements.Attest: Mary A. Davis, City Clerk
Whereas, notice of hearing on plans, Council Member Voetberg moved adoption
specifications, form of contract, and estimatedof the Resolution. Seconded by Council
cost was published as required by law.Member Michalski. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFProof of publication certified of by the
DUBUQUE, IOWA:Publisher on Notice to Bidders of Receipt of
That the said plans, specifications, form ofBids for project and City Manager
contract and estimated cost are herebyrecommending to award contract for project,
approved as the plans, specifications, form ofpresented and read. Council Member
contract and estimated cost for saidVoetberg moved that the proof and
improvements for said project.communication be received and filed.
Passed, adopted and approved this 7th daySeconded by Council Member Michalski.
of July, 1997.Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkRESOLUTION NO. 286-97
Council Member Voetberg moved adoptionAWARDING CONTRACT
of the Resolution. Seconded by CouncilWhereas, sealed proposals have been
Member Buol. Carried by the following vote:submitted by contractors for the 19th Street
Yeas—Mayor Duggan, Council MembersStorm Sewer Reconstruction Project pursuant
Buol, Michalski, Nicholson, Robbins,to Resolution No. 252-97 and notice to bidders
Voetberg. Nays—None. Abstain—Councilpublished in a newspaper published in the City
Member Krieg. of Dubuque, Iowa on the 5th day of June,
1997.
Proofs of publication certified to by theWhereas, said sealed proposals were
Publisher on Notice to Bidders of Receipt ofopened and read on the 19th day of June,
Bids for projects and City Manager requesting1997 and it has been determined that the bid
that public hearing be recessed and to tableof Horsfield Construction, Inc. of Epworth,
the awarding of the contracts to July 21, 1997,Iowa in the amount of $102,144.25 was the
presented and read. Council Memberlowest bid for the furnishings of all labor and
Voetberg moved that the proofs andmaterials and performing the work as provided
communication be received and filed andfor in the plans and specifications.
request for recessing of public hearing beNOW THEREFORE, BE IT RESOLVED
approved. Seconded by Council MemberBY THE CITY COUNCIL OF THE CITY OF
Buol. Carried by the following vote:DUBUQUE, IOWA:
Regular Session, July 7, 1997
That the contract for the aboveDistrict; Historic Preservation Commission
improvement be awarded to Horsfieldrequesting existing historic district boundaries
Construction, Inc. and the Manager be and isremain intact; and City Manager requesting
hereby directed to execute a contract ondecision be made regarding request to remove
behalf of the City of Dubuque for the completeproperties from W. 11th Street Historic
performance of the work.District, presented and read.
BE IT FURTHER RESOLVED:Doug Spyrison, 1295 Grove Terrance,
That upon the signing of said contract andspoke requesting that the District remain as is.
the approval of the contractor's bond, the CityJudy Connolly, 1289 Walnut and Pat Cline,
Treasurer is authorized and instructed to1243 Walnut, spoke requesting their
return the bid deposits of the unsuccessfulproperties be removed from the Historic
bidders.District.
Passed, approved and adopted this 7th dayCouncil Member Voetberg moved that the
of July 1997.communications be received and filed and
Terrance M. Duggan, Mayorthat it be resolved to maintain the boundaries
Attest: Mary A. Davis, City Clerkas they currently exist. Seconded by Council
Council Member Voetberg moved adoptionMember Michalski. Carried by the following
of the Resolution. Seconded by Councilvote: Yeas—Council Members Buol, Krieg,
Member Michalski. Motion carried 7-0. Michalski, Voetberg. Nays—Mayor Duggan,
Council Members Nicholson, Robbins.
Proof of publication certified to by the
Publisher on Notice of Hearing on Plans &City Manager recommending approval on
Specifications for Construction of 15th Streettransfer of funds to do improvements at
Step Reconstruction Project, presented andMarshall Park Pavilion, presented and read.
read. Council Member Voetberg moved thatCouncil Member Michalski moved that the
the proof be received and filed. Seconded bycommunication be received and filed and
Council Member Buol. Motion carried 7-0. recommendation approved. Seconded by
Council Member Voetberg. Motion carried 7-
RESOLUTION NO. 287-970.
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONSCity Manager recommending approval of
Whereas, on the 28th day of May, 1997,$10,000 in CDBG Funds for creation of a
plans, specifications, form of contract andhistoric preservation grant program, presented
estimated cost were filed with the City Clerk ofand read. Council Member Voetberg moved
Dubuque, Iowa for the 15th Street Stepthat the communication be received and filed
Reconstruction Project.and approved recommendation. Seconded by
Whereas, notice of hearing on plans,Council Member Michalski. Motion carried 7-
specifications, form of contract, and estimated0.
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVEDCity Manager recommending a public
BY THE CITY COUNCIL OF THE CITY OFhearing be set for 7-21-97 to consider
DUBUQUE, IOWA:vacating a portion of an alley between Coates
That the said plans, specifications, form ofand Simpson Streets at Cross Street as
contract and estimated cost are herebyrequested by Bill and Jane Duggan, presented
approved as the plans, specifications, form ofand read. Council Member Voetberg moved
contract and estimated cost for saidthat the communication be received and filed.
improvements for said project.Seconded by Council Member Buol. Motion
Passed, adopted and approved this 7th daycarried 7-0.
of July, 1997.
Terrance M. Duggan, MayorRESOLUTION NO. 288-97
Attest: Mary A. Davis, City ClerkRESOLUTION APPROVING PLAT OF
Council Member Voetberg moved adoptionPROPOSED VACATED ALLEY AT CROSS
of the Resolution. Seconded by CouncilSTREET
Member Buol. Motion carried 7-0. Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
Proof of publication certified to by theplat dated June 10, 1997, prepared by IIW
Publisher on Notice to Bidders of Receipt ofEngineers and Surveyors, P.C. of Dubuque,
Bids for project and City Manager requestingIowa, describing the proposed vacated alley at
to recess the public hearing, table the matterCross Street; and
to the July 21st meeting and refer fundingWhereas, said plat conforms to the laws
question to the July 15th meeting of theand statutes pertaining thereto.
Community Development AdvisoryNOW, THEREFORE, BE IT RESOLVED
Commission, presented and read. CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Voetberg moved that theDUBUQUE, IOWA:
communication be received and filed andSection 1. That the plat dated June 10,
request approved. Seconded by Council1997, prepared by IIW Engineers and
Member Buol. Motion carried 7-0. Surveyors, P.C., relative to the real estate
hereinabove described be and the same is
TABLED FROM MEETING OF MAY 5, 1997hereby approved, and the Mayor and City
Removal of certain Walnut StreetClerk be and they are hereby authorized and
Properties from the West 11th Street Historicdirected to execute said plat for and one behalf
Regular Session, July 7, 1997
of the City of Dubuque, Iowa.Street to it’s southerly terminus; and
Section 2. That the City Clerk be and isWhereas, IIW Engineers and Surveyors,
hereby authorized and directed to file said platP.C. of Dubuque, Iowa has prepared and
and certified copy of this resolution in thesubmitted to the City Council a plat showing
office of the Recorder, in and for Dubuquethe vacated portion of an alley at Cross Street
County, Iowa.and assigned lot numbers thereto, which
Passed, approved and adopted this 7th dayhereinafter shall be known and described as
of July, 1997.Lot 11A of Dubuque Homes Subdivision No.
Terrance M. Duggan, Mayor1 in the City of Dubuque, Iowa; and
Attest: Mary A. Davis, City ClerkWhereas, the City Council of the City of
Council Member Voetberg moved adoptionDubuque, Iowa has determined that this
of the Resolution. Seconded by Councilportion of alley is no longer required for public
Member Buol. Motion carried 7-0. use, and vacating and sale of said portion of
alley known as Lot 11A of Dubuque Homes
An Ordinance Vacating an alley at CrossSubdivision No. 1 in the City of Dubuque,
Street, presented and read. Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED
(OFFICIAL PUBLICATION)BY THE CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 39-97DUBUQUE, IOWA:
ORDINANCE VACATING AN ALLEYSection 1. That the City of Dubuque
AT CROSS STREETintends to dispose of its interest in Lot 11A of
Whereas, Bill and Jane Duggan haveDubuque Homes Subdivision No. 1 in the City
requested the vacating of an alley at Crossof Dubuque, Iowa.
Street; andSection 2. That the conveyance of Lot 11A
Whereas, IIW Engineers and Surveyors,of Dubuque Homes Subdivision No. 1 in the
P.C. of Dubuque, Iowa has prepared andCity of Dubuque, Iowa to Bill and Jane
submitted to the City Council a plat showingDuggan be contingent upon the payment of
the vacated alley and assigned lot numbers$513.00, plus publication and filing fees.
thereto; which hereinafter shall be known andSection 3. That the City Clerk be and is
described as Lot 11A of Dubuque Homeshereby authorized and directed to cause a
Subdivision No. 1 in the City of Dubuque,notice of intent to dispose of said real estate to
Dubuque County, Iowa; andbe published in the manner as prescribed by
Whereas, the City Council of the City oflaw.
Dubuque, Iowa has determined that thisPassed, approved and adopted this 7th day
portion of said alley is no longer required forof July, 1997.
public use, and vacating of said portion of alleyTerrance M. Duggan, Mayor
known as Lot 11A of Dubuque HomesAttest: Mary A. Davis, City Clerk
Subdivision No. 1 in the City of Dubuque,Council Member Voetberg moved adoption
Dubuque County, Iowa, should be approved.of the Resolution setting this matter for Public
NOW THEREFORE BE IT ORDAINEDHearing on July 21, 1997 at 7:00 p.m. in the
BY THE CITY COUNCIL OF THE CITY OFLibrary Auditorium and direct the City Clerk to
DUBUQUE, IOWA:publish notice in the manner prescribed by
Section 1. That the real estate describedlaw. Seconded by Council Member Buol.
as Lot 11A of Dubuque Homes SubdivisionMotion carried 7-0.
No. 1 in the City of Dubuque, Iowa, be and the
same is hereby vacated.Petition containing 36 signatures
Passed, approved and adopted this 7th dayrequesting that Amy Court Only be withdrawn
of July, 1997.from Residential Parking District “D,”
Terrance M. Duggan, Mayorpresented and read. Council Member
Attest: Mary A. Davis, City ClerkVoetberg moved that the petition be received
Published officially in the Telegraph Heraldand filed and set this matter for Public Hearing
on July 21, 1997 at 7:00 p.m. in the Public
newspaper this 14th day of July, 1997.
Library Auditorium and direct the City Clerk to
1t 7/14Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that thepublish notice in the manner prescribed by
requirement that a proposed Ordinance belaw. Seconded by Council Member Buol.
considered and voted on for passage at twoMotion carried 7-0.
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.City Manager submitting bidding
Seconded by Council Member Buol. Motiondocuments for Boiler Replacement Project at
carried 7-0. Council Member Voetberg movedthe Keyline Transit Facility, presented and
final consideration and passage of theread. Council Member Voetberg moved that
Ordinance. Seconded by Council Memberthe communication be received and filed.
Buol. Motion carried 7-0.Seconded by Council Member Robbins.
Motion carried 7-0.
RESOLUTION NO. 289-97
RESOLUTION NO. 290-97
RESOLUTION DISPOSING OF CITY
PRELIMINARY APPROVAL
INTEREST IN LOT 11A OF DUBUQUE
OF PLANS AND SPECIFICATIONS
HOMES SUBDIVISION NO. 1 IN THE CITY
NOW THEREFORE, BE IT RESOLVED
OF DUBUQUE, IOWA
BY THE CITY COUNCIL OF THE CITY OF
Whereas, Bill and Jane Duggan have
DUBUQUE, IOWA:
requested the vacating of an alley at Cross
Regular Session, July 7, 1997
That the proposed plans, specifications,the City of Dubuque, Iowa, which notice shall
form of contract and estimated cost for thenot be less than four days nor more than
Boiler Replacement - Keyline Transit Facility,twenty days prior to the receipt of said bids at
in the estimated amount of $59,000.00, are2:00 p.m. on the 24th day of July, 1997. Bids
hereby approved and ordered filed in the officeshall be opened and read by the City Clerk at
of the City Clerk for public inspection.said time and will be submitted to the Council
Passed, adopted and approved this 7th dayfor final action at 7:00 p.m. on the 4th day of
of July, 1997.August, 1997.
Terrance M. Duggan, MayorPassed, adopted and approved this 7th day
Attest: Mary A. Davis, City Clerkof July, 1997.
Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk
Member Robbins. Motion carried 7-0. Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
RESOLUTION NO. 291-97Member Robbins. Motion carried 7-0.
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONSCity Manager recommending that a public
Whereas, the City Council of the City ofhearing be set for July 21, 1997 to consider a
Dubuque, Iowa has given its preliminarylease of the City-owned fiberoptic hub building
approval on the proposed plans,at 1575 West Third Street to the Iowa
specifications, and form of contract andCommunications Network, presented and
placed same on file in the office of the Cityread. Council Member Michalski moved that
Clerk for public inspection of the Boilerthe communication be received and filed and
Replacement - Keyline Transit Facility.set this Public Hearing for July 21, 1997 at
NOW THEREFORE, BE IT RESOLVED7:00 p.m. in the Public Library Auditorium and
BY THE CITY COUNCIL OF THE CITY OFdirect the City Clerk to publish notice in the
DUBUQUE, IOWA:manner prescribed by law. Seconded by
That on the 4th day of August, 1997, aCouncil Member Buol. Motion carried 7-0.
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which timeAt 7:53 p.m. Council Member Voetberg
interested persons may appear and be heardmoved that it be resolved to go into Closed
for or against the proposed plans andSession — In accordance with Chapter 21.5
specifications, form of contract and cost of1(c) To discuss strategy with counsel in
said improvement, and the City Clerk be andmatters where litigation is imminent where its
is hereby directed to cause a notice of timedisclosure would be likely to prejudice or
and place of such hearing to be published in adisadvantage the position of the governmental
newspaper having general circulation in thebody in this litigation AND In accordance with
City of Dubuque, Iowa, which notice shall beChapter 21 5 1(j) “To discuss purchase of
not less than four days nor more than twentyparticular real estate only where premature
days prior to the day fixed for its consideration.disclosure could be reasonably expected to
At the hearing, any interested person mayincrease the price the governmental body
appear and file objections to the proposedwould have to pay for that property”.
plans, specifications, contract, or estimatedSeconded by Council Member Buol. Motion
cost of the improvement.carried 7-0.
Passed, adopted and approved this 7th day
of July, 1997.At 8:59 p.m. Council reconvened Regular
Terrance M. Duggan, MayorSession with statement that Staff had been
Attest: Mary A. Davis, City Clerkgiven direction.
Council Member Voetberg moved adoption
of the Resolution. Seconded by CouncilThere being no further business, Council
Member Robbins. Motion carried 7-0. Member Michalski moved to adjourn.
Seconded by Council Member Buol. Motion
carried 7-0. The meeting adjourned at 9:00
RESOLUTION NO. 292-97p.m.
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OFMary A. Davis CMC
DUBUQUE, IOWA:City Clerk
That the Boiler Replacement - Keyline
Transit Facility is hereby ordered to be
advertised for bids for construction.Approved , 1997
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bidAdopted , 1997
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.Mayor
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
Regular Session, July 7, 1997
Council Members
Attest:
City Clerk
Special Session, July 16, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, July 16,
1997
Council Met at 4:30 p.m., Conference
Room "B", City Hall.
Approved , 1997
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Adopted , 1997
Voetberg, City Manager Michael Van Milligen,
Assistant City Attorney James (Tim) O'Brien.
Mayor Duggan read the call and stated this
Mayor
is a Special Session of the City Council called
for the purpose to go into Closed Session to
discuss the purchase of particular real estate.
At 4:35 p.m. Council Member Nicholson
moved to go into Closed Session in
accordance with Ch. 21 5 1(j) 1997 Code of
Iowa to discuss the purchase of particular real
estate where premature disclosure could be
reasonably expected to increase the price the
governmental body would have to pay for that
property. Seconded by Council Member
Michalski. Motion carried 7-0.
Council Members
Attest:
At 5:34 p.m., Council reconvened Regular
Session with statement that Staff had been
given proper direction.
City Clerk
There being no further business, Council
Member Michalski moved to adjourn.
Seconded by Council Member Nicholson.
Motion carried 7-0. The meeting adjourned at
5:35 p.m.
Mary A. Davis CMC
City Clerk
Regular Session, July 21, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, July 21,
1997.
Council Met at 6:30 p.m., Board Room,
Second Floor in the Public Library
Approved , 1997
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Adopted , 1997
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and stated this
Mayor
is a Special Session called for the purpose to
go into Closed Session to discuss property
acquisition.
At 6:30 p.m., Council Member Michalski
moved to go into Closed Session in accor-
dance with Ch. 21.5 1.(j) 1997 Code of Iowa to
discuss the purchase of particular real estate
where premature disclosure could be reason-
ably expected to increase the price the govern-
mental body would have to pay for that prop-
erty. Seconded by Council Member Nichol-
son. Motion carried 7-0.
Council Members
Attest:
At 6:49 p.m. Council reconvened Regular
Session with statement that Staff had been
given direction.
City Clerk
There being no further business Council
Member Nicholson moved to adjourn the
meeting. Seconded by Council Member
Michalski. Motion carried 7-0. The meeting
adjourned at 6:50 p.m.
Mary A. Davis CMC
City Clerk
Regular Session, July 21, 1997
DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Regular Quarterly Board of Health Meeting,
July 21, 1997
Board met at 6:55 p.m., Public Library
Approved , 1997
Auditorium
Present: Chairperson Duggan, Board
Adopted , 1997
Members Buol, Krieg, Michalski, Robbins,
Voetberg.
Absent at Roll Call: Board Member Rob-
bins.
Chairperson
Absent: Board Member Nicholson.
Chairperson Duggan read the call and
stated this is the Regular Quarterly Board of
Health Meeting called for the purpose to act
upon such business which may properly come
before the Board.
There was no business to come before the
Board at this time. Board Member Krieg
moved to adjourn. Seconded by Board Mem-
ber Michalski. Motion carried 6-0. The meet-
ing adjourned at 6:58 p.m.
Board Members
Attest:
Mary A. Davis CMC
Secretary, Board of Health
Secretary, Board of Health
Regular Session, July 21, 1997
sewer damages; Nanette Wilt in amount of
$37.10 for towing charges, presented and
read. Council Member Voetberg moved that
DUBUQUE
the claims and suits be moved that the claims
and suits be referred to the Legal Staff for
investigation and report. Seconded by Council
CITY COUNCIL
Member Buol. Motion carried 7-0.
Corporation Council advising following
OFFICIAL
claims have been referred to Crawford &
PROCEEDINGS
Company, the agent for the Iowa Communities
Assurance Pool: Vehicle damage of Olin
Bechen; Personal injury of Gloria S. Hill;
City Council, Regular Session, July 21,
Personal injury of Mary J. Johns; Personal
1997
injury of Marion Mauer, presented and read.
Council Met at 7:00 p.m., Public Library
Council Member Voetberg moved that the
Auditorium
communications be received and filed.
Present: Mayor Duggan, Council Members
Seconded by Council Member Buol. Motion
Buol, Krieg, Michalski, Nicholson, Robbins,
carried 7-0.
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Corporation Counsel recommending
settlement of following claims and authorize
Mayor Duggan read the call and stated this
the Finance Director to issue proper checks:
is the Regular Session of the City Council
Car damages of William Brown in amount of
called for the purpose to act upon such
$1,850.00; Car Damage of Edward F. Davis in
business which may properly come before the
amount of $584.84; Vehicle Damage of
Council.
Wendel Draman in amount of $362.21; Truck
damage of Ron Pfiffner in amount of $288.38;
The Invocation was given by Sr. Inez
Car damage of William Phillips in amount of
Turnmeyer, Director of St. Mark Community
$212.00; Vehicle damage of Sisters of St.
Center.
Francis in amount of $114.93; Vehicle
damage of Amber Westemeier in amount of
Proclamations: July 18 - August 8, 1997
$242.50, presented and read. Council
Supporting “Collection of School Supplies by
Member Voetberg moved that the
St. Mark Community Center” received by Sr.
communications be received and filed and
Inez Turnmeyer; July 22-27 as “Dubuque
approved settlements. Seconded by Council
County Fair Week” received by 4H King and
Member Buol. Motion carried 7-0.
Queen: Mark Steckel and Melissa Culbertson.
Corporation Counsel recommending denial
Several youth from the Amici (American-
of tire damage of Shawn Kascel, presented
Italian-Cultural Institute) Youth Group of
and read. Council Member Voetberg moved
Naples, Italy, presented Greetings and Gifts
that the communication be received and filed
from their City.
and recommendation approved. Seconded by
Council Member Buol. Motion carried 7-0.
Minutes Submitted: Civil Service
Commission of 6-25; Historic Preservation
City Development Board advising of Notice
Comm. of 6-26; Housing Commission of 6-10;
to Meeting to consider voluntary annexation as
Park & Recreation Commission of 6-10,
requested by City of Asbury, presented and
& 7-8; Zoning Advisory Commission of 7-2;
read. Council Member Voetberg moved that
Zoning Board of Adjustment of 6-26; Finance
the communication be received and filed.
Director submitting Financial Reports for
Seconded by Council Member Buol. Motion
month of June, 1997; Proof of Publication on
carried 7-0.
“Combined Public Notices - Notice of Finding
of no significant impact on the environment for
Zoning Advisory Commission advising of
Kerper Blvd. Industries Park and Operation:
their approval of survey plat for property
New View/Bluff Street Head Start; Substance
located at 2319 W. 32nd Street. presented
Abuse Services Center their 4th Quarterly
and read. Council Member Voetberg moved
Report and Convention and Visitors Bureau
that the communication be received and filed.
submitting the 2nd quarterly report, presented
Seconded by Council Member Buol. Motion
and read. Council Member Voetberg moved
carried 7-0.
that the minutes, proof and reports be received
and filed. Seconded by Council Member Buol.
RESOLUTION NO. 293-97
Motion carried 7-0.
RESOLUTION APPROVING THE PLAT OF
NOTICES OF CLAIMS/SUITS — Kathy
SURVEY OF LOTS 1 AND 2 OF HAHLEN
Ansel in amount of $224.99 for vehicle
PLACE, BEING A SUBDIVISION OF LOT 1
damages; Employers Mutual Casualty
OF 1 OF 2 OF 1 AND LOT 2 OF 1 OF 2 OF
Company, with assigned rights from BL
1, EXCEPT THE EASTERLY 50 FEET OF
Murray Company, Inc. in unknown amount for
MINERAL LOT 387, IN THE CITY OF D-
vehicle damages; William Brown in amount of
UBUQUE, IOWA.
$1,850.00 for vehicle damages; Steven Plein
Whereas, there has been filed with the City
in amount of $62.52 for tire damages; Paul
Clerk a plat of survey of Lots 1 and 2 of
Stabenow in unknown amount of backed-up
Regular Session, July 21, 1997
Hahlen Place, being a subdivision of Lot 1 ofread. Council Member Voetberg moved that
1 of 2 of 1 and Lot 2 of 1 of 2 of 1, except thethe refunds be approved with Finance Director
easterly 50 feet of Mineral Lot 387, in the Cityto issue proper check. Seconded by Council
of Dubuque, Iowa ; andMember Buol. Motion carried 7-0.
Whereas, said plat provides only 38.58 feet
of frontage for Lot 2 and 0 feet of frontage forCorey Development, Ltd. requesting
Lot 1, where 60 feet is required by Section 3-additional 30 day extension to annex 107.20 of
1.1(F) of the Zoning Ordinance; andland until September 1, 1997 and City
Whereas, said plat has been examined byManager recommending approval of request,
the Zoning Advisory Commission and has itspresented and read. Council Member V-
approval endorsed thereon; and oetberg moved that the communication be
Whereas, said plat has been examined byreceived and filed. Seconded by Council
the City Council and they find that it conformsMember Buol. Motion carried 7-0.
to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVEDRESOLUTION NO. 294-97
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION RESCINDING RESOLUTION
DUBUQUE, IOWA:258-97 AND REAFFIRMING THE
Section 1. That Section 3-1.1(F) of theANNEXATION OF CERTAIN PROPERTY
Zoning Ordinance is waived to allow Lot 2 ofTO THE CITY OF DUBUQUE, IOWA
Hahlen Place to have 38.58 feet of frontageWhereas, Wendell W. Corey, Purchaser,
and Lot 1 to have 0 feet of frontage, where 60pursuant to an agreement with Plastic Center,
feet of frontage is required.Inc., Seller, has voluntarily petitioned for
Section 2. That the Survey Plat of Lots 1annexation of approximately 107.20 acres of
and 2 of Hahlen Place, being a subdivision ofproperty lying outside the corporate limits of
Lot 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1,the city of Dubuque, Iowa, to the City of
except the easterly 50 feet of Mineral Lot 387,Dubuque, as shown in Exhibit A; and
in the City of Dubuque, Iowa, is herebyWhereas, Chapter 368 of the Code of Iowa
approved and the Mayor and City Clerk areauthorizes the extension of city limits in
hereby authorized and directed to endorse thesituations of this character by the adoption of
approval of the City of Dubuque, Iowa, upona resolution after notification as required by
said final plat.State regulations; and
Section 3. That in the event the ownersWhereas, the future growth and
shall fail to execute the acceptance within 180development of the city of Dubuque, Iowa
days after the date of this resolution, themake it desirable that said property be made a
provisions hereof shall be null and void andpart of the city of Dubuque, Iowa.
the acceptance and approval of the plat shallNOW THEREFORE, BE IT RESOLVED
not be effective.BY THE CITY COUNCIL OF THE CITY OF
Passed, approved and adopted this 21stDUBUQUE, IOWA:
day of July, 1997.Section 1. Resolution No. 258-97 is hereby
Terrance M. Duggan, Mayorrescinded.
Attest: Mary A. Davis, City ClerkSection 2. That the territorial limits of the
ACCEPTANCE OFcity of Dubuque, Iowa be, and they are hereby
RESOLUTION NO. 293-97extended, to include the property legally
We, the undersigned, Cliff and Sandydescribed as Lot 2 of Lot 2 of Mineral Lot 459;
Hahlen and Dave and Doris Hedrick, havingthe southeast quarter of the northeast quarter
read the terms and conditions of theof Section 17, Township 89 North, Range 2
Resolution No. 293-97 and being familiar withEast; and the southwest quarter of the
the conditions thereof, hereby accept thisnortheast quarter of Section 17, Township 89
same and agree to the conditions requiredNorth, Range 2 East in Dubuque County,
therein.Iowa.
Dated in Dubuque, Iowa this 23rd day ofSection 3. That the territory hereby annexed
July, 1997.shall become a part of the Second Ward,
By /s/ Cliff HahlenEleventh Precinct of the city of Dubuque,
By /s/ Sandy HahlenIowa.
By /s/ Dave HedrickSection 4. That the City Clerk shall file this
By /s/ Doris HedrickResolution, all Exhibits and the petition for
Council Member Voetberg moved adoptionvoluntary annexation with the City
of the Resolution. Seconded by CouncilDevelopment Board of the State of Iowa. The
Member Buol. Motion carried 7-0. Resolution will not be forwarded to the State of
Iowa until such time as Purchaser provides
Monica Meissner expressing her “Thanks”written evidence to the City Clerk of the
regarding control of loud music at recentconveyance of the property from Seller to
festivals held at Hawthorne Park, presentedPurchaser. In the event that Purchaser does
and read. Council Member Voetberg movednot provide such evidence to the City Clerk
that the communication be received and filed.prior to September 1, 1997, this Resolution
Seconded by Council Member Buol. Motionshall be null and void.
carried 7-0. Passed, approved and adopted this 21st
day of July, 1997.
REFUNDS REQUESTED — Midway MotelTerrance M. Duggan, Mayor
and Hooligan’s Sport Bar, $100.00 each forAttest: Mary A. Davis, City Clerk
unused Cigarette License, presented andCouncil Member Voetberg moved adoption
Regular Session, July 21, 1997
of the Resolution. Seconded by CouncilWhereas, the City of Dubuque has
Member Buol. Motion carried 7-0. established such a local childhood lead
poisoning prevention program; and
Bill & Laura Merritt objecting to denial ofWhereas, the Iowa Department of Public
their sewer backup claim in amount of $-Health has offered to provide financial support
1,750.00, presented and read. Councilfor activities relating to the local childhood lead
Member Voetberg moved that this matter bepoisoning prevention program in the City of
referred to the Legal Staff for investigation andDubuque; and
report. Seconded by Council Member Buol.Whereas, the City of Dubuque will provide
Motion carried 7-0. environmental and medical case management
of identified lead poisoned children in addition
City Manager recommending submission ofto community outreach and education on the
grant application for Lead Paint Grant funds,problem of childhood lead poisoning.
presented and read. Council MemberNOW, THEREFORE, BE IT RESOLVED
Voetberg moved that the communication beBY THE CITY COUNCIL OF THE CITY OF
received and filed. Seconded by CouncilDUBUQUE, IOWA:
Member Buol. Motion carried 7-0. Section 1. That the City of Dubuque, Iowa
hereby approves the attached contract
RESOLUTION NO. 295-97between the Iowa Department of Public Health
A RESOLUTION AUTHORIZING THE CITYand the City of Dubuque, Iowa.
MANAGER OR HIS DESIGNEE TO SUBMITSection 2. That the City Manager or his
A GRANT APPLICATION TO THEdesignee is hereby authorized and directed to
ENVIRONMENTAL PROTECTION AGENCYexecute said contract on behalf of the City of
FOR LEAD POISONING PREVENTION ANDDubuque, Iowa.
LEAD HAZARD AWARENESS OUTREACHPassed, approved and adopted this 21st
GRANT FUNDS.day of July, 1997.
Whereas, the City of Dubuque has a localTerrance M. Duggan, Mayor
childhood lead poisoning prevention program;Attest: Mary A. Davis, City Clerk
andCouncil Member Voetberg moved adoption
Whereas, the Environmental Protectionof the Resolution. Seconded by Council
Agency has made available funds for leadMember Buol. Motion carried 7-0.
poisoning prevention and lead hazard aware-
ness public education and outreach to localCity Manager requesting Mayor execute
communities; andapplication for Lead-Based Paint Grant with
Whereas, the City of Dubuque proposes toHUD, presented and read. Council Member
provide education for primary prevention ofVoetberg moved that the communication be
lead poisoning and lead hazard awareness toreceived and filed. Seconded by Council
tenants, property owners, and landlords.Member Buol. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 297-97
DUBUQUE, IOWA:RESOLUTION AUTHORIZING THE MAYOR
Section 1. That the City of Dubuque, IowaTO EXECUTE AN APPLICATION FOR A
hereby approves the attached grant proposalLEAD-BASED PAINT HAZARD CONTROL
to the Environmental Protection Agency.GRANT
Section 2. That the City Manager or hisWhereas, the City of Dubuque has a local
designee is hereby authorized and directed tochildhood lead poisoning prevention program;
submit said grant proposal on behalf of theand
City of Dubuque, Iowa.Whereas, the U.S. Department of Housing
Passed, approved and adopted this 21stand Urban Development has made available
day of July, 1997.funds for lead-based paint hazard control and
Terrance M. Duggan, Mayorlead hazard awareness public education and
Attest: Mary A. Davis, City Clerkoutreach to local communities; and
Council Member Voetberg moved adoptionWhereas, the City of Dubuque proposes to
of the Resolution. Seconded by Councilestablish a youth corp and primary lead-based
Member Buol. Motion carried 7-0. paint poisoning prevention program in Census
Tract 5 in the City of Dubuque.
City Manager recommending approval toNOW, THEREFORE, BE IT RESOLVED
execute document for Lead Poisoning FundsBY THE CITY COUNCIL OF THE CITY OF
with IA Dept. of Public Health, presented andDUBUQUE, IOWA:
read. Council Member Voetberg moved thatSection 1. That the Mayor is hereby
the communication be received and filed.authorized and directed to execute an
Seconded by Council Member Buol. Motionapplication to the U.S. Department of Housing
carried 7-0. and Urban Development for participation in a
lead-based paint hazard control grant.
RESOLUTION NO. 296-97Section 2. That the City Manager is hereby
A RESOLUTION AUTHORIZING THE CITYauthorized and directed to forward said
MANAGER OR HIS DESIGNEE TO SIGN Aapplication and resulting standard executed
CONTRACT WITH THE IOWAcontract to the respective agencies in a timely
DEPARTMENT OF PUBLIC HEALTH FORfashion and as required by the U.S.
FUNDING A LOCAL CHILDHOOD LEADDepartment of Housing and Urban
POISONING PREVENTION PROGRAM.Development.
Regular Session, July 21, 1997
Passed, approved and adopted this 21sthis certificate stating that the same has been
day of July, 1997.completed according to the terms of the
Terrance M. Duggan, Mayorcontract, plans and specifications and
Attest: Mary A. Davis, City Clerkrecommends it acceptance.
Council Member Voetberg moved adoptionNOW THEREFORE, BE IT RESOLVED
of the Resolution. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Buol. Motion carried 7-0. DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager recommending approval ofCity Manager be approved and that said
Purchase of Services Agreement with Du-improvement be and the same is hereby
buque Humane Society, presented and read.accepted.
Council Member Voetberg moved that theBE IT FURTHER RESOLVED that the City
communication be received and filed.Treasurer be and he is hereby directed to pay
Seconded by Council Member Buol. Motionto the contractor from G.O. Bonds in amount
carried 7-0. equal to the amount of his contract, less any
retained percentage provided for therein.
RESOLUTION NO. 298-97Passed, approved and adopted this 21st
APPROVING A PURCHASE OF SERVICESday of July, 1997.
AGREEMENT BETWEEN THE CITY OFTerrance M. Duggan, Mayor
DUBUQUE AND THE DUBUQUE HUMANEAttest: Mary A. Davis, City Clerk
SOCIETY AND AUTHORIZING ANDCouncil Member Voetberg moved adoption
DIRECTING THE MAYOR TO EXECUTEof the Resolution. Seconded by Council
SAID AGREEMENT ON BEHALF OF THEMember Buol. Motion carried 7-0.
CITY OF DUBUQUE, IOWA.
Whereas, the City of Dubuque does notRESOLUTION NO. 300-97
operate its own shelter for dogs, cats andFINAL ESTIMATE
other animals which may be taken up orWhereas, the contract for the 1996 Asphalt
received pursuant to Article II of Chapter 7 ofPaving Project has been completed and the
the Code of Ordinances of the City; andCity Engineer has submitted his final estimate
Whereas, the Dubuque Humane Society isshowing the cost thereof including the cost of
an incorporated society for the prevention ofestimates, notices and inspection and all
cruelty of animals and does maintain a sheltermiscellaneous costs;
for the custody of lost, strayed or homelessNOW THEREFORE, BE IT RESOLVED
dogs, cats, or other animals and for theBY THE CITY COUNCIL OF THE CITY OF
disposition and/or destruction of such animalsDUBUQUE, IOWA:
not redeemed and/or diseased; andSection 1. That the cost of said
Whereas, it is deemed to be in the bestimprovement is hereby determined to be
interest of the City of Dubuque to enter into an$137,056.59 and the said amount shall be
agreement with the Dubuque Humane Societypaid from G.O. Bonds of the City of Dubuque,
to provide animal shelter services for the City.Iowa.
NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 21st
BY THE CITY COUNCIL OF THE CITY OFday of July, 1997.
DUBUQUE, IOWA:Terrance M. Duggan, Mayor
Section 1. That the attached Purchase ofAttest: Mary A. Davis, City Clerk
Services Agreement by and between the CityCouncil Member Voetberg moved adoption
of Dubuque, Iowa and Dubuque Humaneof the Resolution. Seconded by Council
Society be and the same is hereby approved.Member Buol. Motion carried 7-0.
Section 2. That the Mayor be and he is
hereby authorized and directed to execute saidCity Manager recommending acceptance of
Agreement for and on behalf of the City ofAsbury Road Reconstruction Project,
Dubuque, Iowa.presented and read. Council Member
Passed, approved and adopted this 21stVoetberg moved that the communication be
day of July, 1997.received and filed. Seconded by Council
Terrance M. Duggan, MayorMember Buol. Motion carried 7-0.
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoptionRESOLUTION NO. 301-97
of the Resolution. Seconded by CouncilACCEPTING IMPROVEMENT
Member Buol. Motion carried 7-0. Whereas, the contract for the Asbury Road
Reconstruction Project - Asbury City Limits to
City Manager recommending acceptance ofthe Northwest Arterial has been completed
1996 Asphalt Paving Project, presented andand the City Manager has examined the work
read. Council Member Voetberg moved thatand filed his certificate stating that the same
the communication be received and filed.has been completed according to the terms of
Seconded by Council Member Buol. Motionthe contract, plans and specifications and
carried 7-0. recommends it acceptance.
NOW THEREFORE, BE IT RESOLVED
RESOLUTION NO. 299-97BY THE CITY COUNCIL OF THE CITY OF
ACCEPTING IMPROVEMENTDUBUQUE, IOWA:
Whereas, the contract for the 1996 AsphaltSection 1. That the recommendation of the
Paving Project has been completed and theCity Manager be approved and that said
City Manager has examined the work and filedimprovement be and the same is hereby
Regular Session, July 21, 1997
accepted.office of the City Clerk on the 16th day of July,
BE IT FURTHER RESOLVED that the City1997, the said schedule of assessments be
Treasurer be and he is hereby directed to payand the same is hereby approved and
to the contractor from Road Use Tax Fund inadopted.
amount equal to the amount of his contract,That there be, and is hereby assessed and
less any retained percentage provided forlevied as a special tax against and upon each
therein.of the lots, the respective sums indicated.
Passed, approved and adopted this 21stProvided, further, that the amounts shown in
day of July, 1997.said final schedule of assessments as
Terrance M. Duggan, Mayordeficiencies are found to be proper and levied
Attest: Mary A. Davis, City Clerkconditionally against the respective properties
Council Member Voetberg moved adoptionbenefitted by the improvements as shown in
of the Resolution. Seconded by Councilthe schedule, subject to the provisions of
Member Buol. Motion carried 7-0. Section 384.63 of the Code of Iowa. Said
assessments against said lots are hereby
RESOLUTION NO. 302-97declared to be in proportion to the special
FINAL ESTIMATEbenefits conferred and not in excess of
Whereas, the contract for the Asbury Roadtwenty-five percent of the value of same.
Reconstruction Project - Asbury City Limits toThat the City Clerk be and is hereby
the Northwest Arterial has been completeddirected to certify said schedule to the County
and the City Engineer has submitted his finalTreasurer of Dubuque County, Iowa, and to
estimate showing the cost thereof includingpublish notice of said certification once each
the cost of estimates, notices and inspectionweek for two consecutive weeks in the manner
and all miscellaneous costs;provided in Section 362.3, the first publication
NOW THEREFORE, BE IT RESOLVEDof which shall be not more than fifteen days
BY THE CITY COUNCIL OF THE CITY OFfrom the date of filing of the final schedule.
DUBUQUE, IOWA:On or before the date of the second
Section 1. That the cost of saidpublication of the notice, the City Clerk shall
improvement is hereby determined to bealso mail a copy of said notice to property
$427,302.64 and the said amount shall beowners whose property is subject to
paid from the Road Use Tax Fund of the Cityassessment, as provided and directed in
of Dubuque, Iowa.Section 384.60 of the Code of Iowa.
Section 2. That $46,898.21 of the costThat assessments may be paid in full or in
thereof shall be assessable upon privatepart without interest at the office of the County
property and $380,404.43 shall be paid fromTreasurer, at any time within 30 days after the
the Street Construction Fund.date of the first publication of this notice of the
Passed, approved and adopted this 21stfiling of the final schedule of assessments
day of July, 1997.with the County Treasurer. After 30 days
Terrance M. Duggan, Mayorunpaid assessments of $50.00 or more are
payable in 10 annual installments and will
Attest: Mary A. Davis, City Clerkdraw annual interest at 9 percent
Council Member Voetberg moved adoption(commencing on the date of acceptance of the
of the Resolution. Seconded by Councilwork) computed to the December 1 next
Member Buol. Motion carried 7-0. following the due dates of the respective
installments as provided in Section 384.65 of
RESOLUTION NO. 303-97the Code of Iowa. Each installment will be
A RESOLUTION ADOPTING THE FINALdelinquent from October 1 following its due
ASSESSMENT SCHEDULE FOR ASBURYdate on July 1 of each year. Property owners
ROAD RECONSTRUCTION PROJECTmay elect to pay any annual installments
INCLUDING CERTAIN INFORMATIONsemiannually in advance.
REQUIRED BY THE CODE OF IOWA,Passed, approved and adopted this 21st
SPECIFICALLY, THE NUMBER OFday of July, 1997.
ANNUAL INSTALLMENTS INTO WHICHTerrance M. Duggan, Mayor
ASSESSMENTS ARE DIVIDED, THEAttest: Mary A. Davis, City Clerk
INTEREST ON ALL UNPAIDSCHEDULE OF FINAL ASSESSMENTS
INSTALLMENTS, THE TIME WHEN THEASBURY ROAD
ASSESSMENTS ARE PAYABLE ANDThe following schedule is hereby determined
DIRECTING THE CLERK TO CERTIFY THEto show each lot proposed to be assessed
FINAL SCHEDULE AND TO PUBLISHfor the improvement shown in the title
NOTICE THEREOF.together with the amount proposed to be
NOW THEREFORE, BE IT RESOLVEDassessed against each lot and the valuations
BY THE CITY COUNCIL OF THE CITY OFshown opposite each lot are hereby fixed as
DUBUQUE, IOWA:the true valuations of such lots by the City
That after full consideration of the finalCouncil of the City of Dubuque.
schedule of assessments and accompanyingOWNERLOT DESCRIPTION
plat showing the assessments proposed to beTOTAL NET ASSESSMENT
made for the construction of the Asbury RoadREMAKEL PLACE
Reconstruction Project - Asbury City Limits toRite, Inc.Lot 1 (Unit A Westfield Sq.)
the Northwest Arterial under contract with$2,199.96
Tschiggfrie Excavating of Dubuque, Iowa,Copper Mill Con.Lot 1 (Unit B Westfield Sq.)$2,199.96
which final plat and schedule were filed in theRemakel, Michael J. & Mary B
Regular Session, July 21, 1997
Lot 2$9,450.27day of July, 1997.
QHQ PLACETerrance M. Duggan, Mayor
Q.H.Q. PropertiesLot 1$9,587.57Attest: Mary A. Davis, City Clerk
ASBURY PLAZA NO. 2Council Member Voetberg moved adoption
Tri-State Properties LLCof the Resolution. Seconded by Council
Lot 1$3,580.73Member Buol. Motion carried 7-0.
Do Inc.Lot 2$6.088.33
Corey Devel. Ltd.Lot 3$2,881.37City Manager concurring with Historical
Corey Devel. Ltd.Lot E$4,731.09Preservation Commission’s approval of
ASBURY PLAZAnomination of St. Luke’s United Methodist
Parco Ltd.Lot 1-1$6,178.93Church and Parsonage to the National
$46,898.21Register of Historic Places, presented and
Council Member Voetberg moved adoptionread. Council Member Voetberg moved that
of the Resolution. Seconded by Council the communication be received and filed.
Member Buol. Motion carried 7-0. Seconded by Council Member Buol. Motion
carried 7-0.
City Manager recommending acceptance of
Mooring Dolphins at Delta Queen Landing SiteCity Manager recommending approval of
project, presented and read. Council MemberSupplement #33 to the Code of Ordinances,
Voetberg moved that the communication bepresented and read. Council Member
received and filed. Seconded by CouncilVoetberg moved that the communication be
Member Buol. Motion carried 7-0. received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 304-97
ACCEPTING IMPROVEMENTRESOLUTION NO. 306-97
Whereas, the contract for the MooringADOPTING SUPPLEMENT NO. 33 TO THE
Dolphins at the Delta Queen Landing Site hasCODE OF ORDINANCES OF THE CITY OF
been completed and the City Manager hasDUBUQUE, IOWA
examined the work and filed his certificateWhereas, under date of July 17, 1989, the
stating that the same has been completedCity Council, pursuant to Ordinance No. 34-
according to the terms of the contract, plans89, readopted the Code of Ordinances of the
and specifications and recommends itCity of Dubuque, Iowa for ordinances adopted
acceptance.up to and including December 19, 1988; and
NOW THEREFORE, BE IT RESOLVEDWhereas, since December 19, 1988 the
BY THE CITY COUNCIL OF THE CITY OFCity Council of the City of Dubuque, Iowa has
DUBUQUE, IOWA:adopted certain ordinances amending the
Section 1. That the recommendation of theCode of Ordinances and said amendments
City Manager be approved and that saidhave been printed as supplements to the Code
improvement be and the same is herebyof Ordinances; and
accepted.Whereas, Section 380.8 of the Code of
BE IT FURTHER RESOLVED that the CityOrdinances provides that supplements, by
Treasurer be and he is hereby directed to payresolution, become part of the Code of
to the contractor from Ice Harbor ImprovementOrdinances.
in amount equal to the amount of his contract,NOW THEREFORE, BE IT RESOLVED
less any retained percentage provided forBY THE CITY COUNCIL OF THE CITY OF
therein.DUBUQUE, IOWA:
Passed, approved and adopted this 21stSection 1. That Supplement No. 33 of the
day of July, 1997.Code of Ordinances of the City of Dubuque,
Terrance M. Duggan, MayorIowa, covering Ordinances through Ordinance
Attest: Mary A. Davis, City ClerkNo. 21-97 enacted through March 4, 1997 and
Council Member Voetberg moved adoptionprepared by the Sterling Codifers, Inc.,
of the Resolution. Seconded by CouncilWeiser, ID hereto filed in the Office of the City
Member Buol. Motion carried 7-0. Clerk of the City of Dubuque, Iowa be and is
hereby adopted and becomes part of the Code
RESOLUTION NO. 305-97of Ordinances of the City of Dubuque, Iowa.
FINAL ESTIMATEPassed, approved and adopted this 21st
Whereas, the contract for the Mooringday of July, 1997.
Dolphins at the Delta Queen Landing Site has Terrance M. Duggan, Mayor
been completed and the City Engineer hasAttest: Mary A. Davis, City Clerk
submitted his final estimate showing the costCouncil Member Voetberg moved adoption
thereof including the cost of estimates, noticesof the Resolution. Seconded by Council
and inspection and all miscellaneous costs;Member Buol. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFCity Manager and Police Chief
DUBUQUE, IOWA:recommending approval of $300.00
Section 1. That the cost of saidassessments on License Penalties for Alcohol
improvement is hereby determined to beViolations, presented and read. Council
$54,668.00 and the said amount shall be paidMember Voetberg moved that the
from Ice Harbor Improvement Fund of the Citycommunication be received and filed.
of Dubuque, Iowa.Seconded by Council Member Buol. Motion
Passed, approved and adopted this 21stcarried 7-0.
Regular Session, July 21, 1997
RESOLUTION NO. 307-97WHEREAS, the acts of an agent or
WHEREAS, Patricia Wissink, an employeeemployee of a licensee are imputed to the
of Rainbo Oil Co., D/B/A Kwik Stop Foodlicensee, Rainbo Oil Co.
Mart at 2297 University Ave was charged inWHEREAS, said violation occurred on
Dubuque County for violating Section 5-7 ofDecember 1, 1996, and this being the first
the City of Dubuque Code.violation of this section within a period of two
WHEREAS, the acts of an agent or(2) years, and
employee of a licensee are imputed to theWHEREAS, Iowa code section 123.39, as
licensee, Rainbo Oil Co.amended, may provides that a licensee who
WHEREAS, said violation occurred on Mayviolates said section be assessed a civil
10, 1996, and this being the first violation ofpenalty,
this section within a period of two (2) years,WHEREAS, Iowa Code section 123.39, as
andamended, provides that local authorities shall
WHEREAS, Iowa code section 123.39, asretain such civil penalties if the proceeding to
amended, may provides that a licensee whoimpose the penalty is conducted by the local
violates said section shall be assessed a civilauthority,
penalty,NOW, THEREFORE BE IT RESOLVED,
WHEREAS, Iowa Code section 123.39, asthat the City Council, City of Dubuque
amended, provides that local authorities shallpursuant to the authority of the above cited
retain such civil penalties if the proceeding tosections hereby imposes a civil penalty in the
impose the penalty is conducted by the localamount of $ 300.00 against Rainbo Oil Co.
authority,D/B/A Kwik Stop Food Mart License/Permit
NOW, THEREFORE BE IT RESOLVED,No. BC 20281 at 2297 University Ave
that the City Council, City of DubuqueFURTHER, BE IT RESOLVED that said
pursuant to the authority of the above citedlicense holder has thirty (30) days from the
sections hereby imposes a civil penalty in thedate of notice of the Resolution to pay such
amount of $ 300.00 against Rainbo Oil Co.penalty in full to the City Council, City of
D/B/A Kwik Stop Food Mart License/PermitDubuque.
No. BC 20281 at 2297 University Ave.Failure to pay this penalty shall result in a
FURTHER, BE IT RESOLVED that saidfourteen (14) day suspension of the liquor
license holder has thirty (30) days from thelicense and or beer permit held by the license.
date of notice of the Resolution to pay suchBE IT FURTHER RESOLVED that the City
penalty in full to the City Council, City ofCouncil, City of Dubuque is hereby directed to
Dubuque.notify the license holder of this action by
Failure to pay this penalty shall result in aproviding to said license hold a certified copy
fourteen (14) day suspension of the liquorof this Resolution. Such notice shall be by
license and or beer permit held by the license.certified mail, return receipt requested.
BE IT FURTHER RESOLVED that the CityFURTHER, that such license holder is
Council, City of Dubuque is hereby directed tohereby notified that license holder has the right
notify the license holder of this action byto appeal the imposition of this civil penalty to
providing to said license hold a certified copythe Alcoholic Beverages Division of the
of this Resolution. Such notice shall be byDepartment of Commerce by filing written
certified mail, return receipt requested.notice of appeal with said Division and with the
FURTHER, that such license holder isCity Council City of Dubuque within twenty-
hereby notified that license holder has the rightone (21) days from the date of service of this
to appeal the imposition of this civil penalty toResolution.
the Alcoholic Beverages Division of theFURTHER, that the City Council City of
Department of Commerce by filing writtenDubuque shall mail a copy of this Resolution
notice of appeal with said Division and with theto: Licensing Bureau, Alcoholic Beverages
City Council City of Dubuque within twenty-Division, Department of Commerce, 1918 S.E.
one (21) days from the date of service of thisHulsizer Avenue, Ankeny, Iowa 50021.
Resolution.This Resolution is passed this 21st day of
FURTHER, that the City Council City ofJuly 1997.
Dubuque shall mail a copy of this ResolutionTerrance M. Duggan, Mayor
to: Licensing Bureau, Alcoholic BeveragesATTEST: Mary A. Davis, City Clerk
Division, Department of Commerce, 1918 S.E.Council Member Voetberg moved adoption
Hulsizer Avenue, Ankeny, Iowa 50021.of the Resolution. Seconded by Council
This Resolution is passed this 21st day ofMember Buol. Motion carried 7-0.
July 1997.
Terrance M. Duggan, MayorRESOLUTION NO. 309-97
ATTEST: Mary A. Davis, City ClerkWHEREAS, Jacqueline Dalsing, an
Council Member Voetberg moved adoptionemployee of Rainbo Oil Co., D/B/A Kwik Stop
of the Resolution. Seconded by CouncilFood Mart at 2255 Kerper Blvd was charged in
Member Buol. Motion carried 7-0. Dubuque County for violating Section 5.3-5 of
the City of Dubuque Code.
RESOLUTION NO. 308-97WHEREAS, the acts of an agent or
WHEREAS, Robert DeHaven, anemployee of a licensee are imputed to the
employee of Rainbo Oil Co., D/B/A Kwik Stoplicensee, Rainbo Oil Co.
Food Mart at 2297 University Ave wasWHEREAS, said violation occurred on
charged in Dubuque County for violatingMarch 29, 1997, and this being the first
Section 5.3-5 of the City of Dubuque Code.violation of this section within a period of two
Regular Session, July 21, 1997
(2) years, andamended, provides that local authorities shall
WHEREAS, Iowa code section 123.39, asretain such civil penalties if the proceeding to
amended, provides that a licensee whoimpose the penalty is conducted by the local
violates said section may be assessed a civilauthority,
penalty,NOW, THEREFORE BE IT RESOLVED,
WHEREAS, Iowa Code section 123.39, asthat the City Council, City of Dubuque
amended, provides that local authorities shallpursuant to the authority of the above cited
retain such civil penalties if the proceeding tosections hereby imposes a civil penalty in the
impose the penalty is conducted by the localamount of $ 300.00 against Rainbo Oil Co.
authority,D/B/A Kwik Stop Food Mart License/Permit
NOW, THEREFORE BE IT RESOLVED,No. BC 18343 at 2360 Central Ave
that the City Council, City of DubuqueFURTHER, BE IT RESOLVED that said
pursuant to the authority of the above citedlicense holder has thirty (30) days from the
sections hereby imposes a civil penalty in thedate of notice of the Resolution to pay such
amount of $ 300.00 against Rainbo Oil Co.penalty in full to the City Council, City of
D/B/A Kwik Stop Food Mart License/PermitDubuque.
No. BC 15011 at 2255 Kerper Blvd.Failure to pay this penalty shall result in a
FURTHER, BE IT RESOLVED that saidfourteen (14) day suspension of the liquor
license holder has thirty (30) days from thelicense and or beer permit held by the license.
date of notice of the Resolution to pay suchBE IT FURTHER RESOLVED that the City
penalty in full to the City Council, City ofCouncil, City of Dubuque is hereby directed to
Dubuque.notify the license holder of this action by
Failure to pay this penalty shall result in aproviding to said license hold a certified copy
fourteen (14) day suspension of the liquorof this Resolution. Such notice shall be by
license and or beer permit held by the license.certified mail, return receipt requested.
BE IT FURTHER RESOLVED that the CityFURTHER, that such license holder is
Council, City of Dubuque is hereby directed tohereby notified that license holder has the right
notify the license holder of this action byto appeal the imposition of this civil penalty to
providing to said license hold a certified copythe Alcoholic Beverages Division of the
of this Resolution. Such notice shall be byDepartment of Commerce by filing written
certified mail, return receipt requested.notice of appeal with said Division and with the
FURTHER, that such license holder isCity Council City of Dubuque within twenty-
hereby notified that license holder has the rightone (21) days from the date of service of this
to appeal the imposition of this civil penalty toResolution.
the Alcoholic Beverages Division of theFURTHER, that the City Council City of
Department of Commerce by filing writtenDubuque shall mail a copy of this Resolution
notice of appeal with said Division and with theto: Licensing Bureau, Alcoholic Beverages
City Council City of Dubuque within twenty-Division, Department of Commerce, 1918 S.E.
one (21) days from the date of service of thisHulsizer Avenue, Ankeny, Iowa 50021.
Resolution.This Resolution is passed this 21st day of
FURTHER, that the City Council City ofJuly 1997.
Dubuque shall mail a copy of this ResolutionTerrance M. Duggan, Mayor
to: Licensing Bureau, Alcoholic BeveragesATTEST: Mary A. Davis, City Clerk
Division, Department of Commerce, 1918 S.E.Council Member Voetberg moved adoption
Hulsizer Avenue, Ankeny, Iowa 50021.of the Resolution. Seconded by Council
This Resolution is passed this 21st day ofMember Buol. Motion carried 7-0.
July 1997.
Terrance M. Duggan, MayorJuly 16, 1997
ATTEST: Mary A. Davis, City ClerkHonorable Mayor and
Council Member Voetberg moved adoptionMembers of the City Council
of the Resolution. Seconded by CouncilIn accordance with Chapter 400 of the
Member Buol. Motion carried 7-0. 1997 Code of Iowa, the Civil Service
Commission conducted a written entry level
RESOLUTION NO. 310-97examination on May 28, 1997 for the position
WHEREAS, Katie Wagner, an employee ofof Police Officer/Entry Level in the Police
Rainbo Oil Co., D/B/A Kwik Stop Food MartDepartment.
at 2360 Central Ave was charged in DubuqueWe hereby certify that the following
County for violating Section 5.3-5 of the City ofindividuals have passed the written
Dubuque Code.examination and other tests (including oral
WHEREAS, the acts of an agent orinterviews) for this position and
employee of a licensee are imputed to theappointment(s) should be made from this list.
licensee, Rainbo Oil Co.POLICE OFFICER - ENTRY LEVEL
WHEREAS, said violation occurred onJames NossJay Morrissett
December 1, 1996, and this being the firstApostolos SarantopoulusScott Koch
violation of this section within a period of twoPhilip HargungMark McIntyre
(2) years, andJoshua DudenThomas Henneberry
WHEREAS, Iowa code section 123.39, asDavid LiraJoseph Clancy
amended, provides that a licensee whoAbigail SimonShawn Claussen
violates said section may be assessed a civilBrian DayRebecca Wilson
penalty,Mark PeterLisa Latham
WHEREAS, Iowa Code section 123.39, asJordan RettenmeiarAaron Lieba
Regular Session, July 21, 1997
Terry MassTina DuehrDUBUQUE, IOWA:
Respectfully submitted,That the Manager be authorized to cause to
Loras, J. Kluesner, Chairpersonbe issued the following named applicants a
Tom Rawson, Civil Service Commission Beer Permit.
July 16, 1997CLASS “C” BEER PERMIT
Honorable Mayor andIowa Oil Company IOCO Speede Shoppe #
Members of the City Council58+(Sunday Sale)2335 University
In accordance with Chapter 400 of thePassed, approved and adopted this 21st
1997 Code of Iowa, the Civil Serviceday July, 1997.
Commission conducted a written examinationTerrance M. Duggan, Mayor
on July 1, 1997 for the position of ComputerAttest: Mary A Davis, City Clerk
Programmer/Analyst.Council Member Voetberg moved adoption
We hereby certify that the followingof the Resolution. Seconded by Council
individual has passed this written examinationMember Buol. Motion carried 7-0.
and the vacancy for this position should be
made from this list.RESOLUTION NO. 313-97
COMPUTER PROGRAMMER/ANALYSTWhereas, applications for Liquor Licenses
Rhonda L. Powershave been submitted to this Council for
Respectfully submitted,approval and the same have been examined
Loras J. Kluesner, Chairpersonand approved; and
Tom Rawson, Civil Service Commission Whereas, the premises to be occupied by
Council Member Voetberg moved that thesuch applicants were inspected and found to
above certifications be made a matter ofcomply with the State Laws and all City
record. Seconded by Council Member Buol.Ordinances relevant thereto and they have
Motion carried 7-0. filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
Dubuque Historical Society requesting toBY THE CITY COUNCIL OF THE CITY OF
transfer Beer Permit from Ryan House atDUBUQUE, IOWA:
1375 Locust St. to Parking Lots adjacent toThat the Manager be authorized to cause to
Woodward River Museum on August 6th,be issued the following named applicants a
presented and read. Council MemberLiquor License.
Voetberg moved that the transfer be approved.CLASS “C” (COMMERCIAL)
Seconded by Council Member Buol. MotionBEER & LIQUOR LICENSE
carried 7-0. City of DubuqueDubuque Five Flags Center
+(Sunday Sale)450 Main St.
RESOLUTION NO. 311-97House of ChinaHouse of China
NOW, THEREFORE, BE IT RESOLVED +(Sunday Sale)170 JFK Rd
BY THE CITY COUNCIL OF THE CITY OFJeff DemmerBodine’s
DUBUQUE, IOWA:+(Sunday Sale)1445 Central
That the following having complied with theSteve GlewSticky Fins Beach Bar
provisions of law relating to the sale of1005 Main St
Cigarettes within the City of Dubuque, Iowa,C.Meyer/L. TottTott’s Tap
be granted a permit to sell Cigarettes and(1 Day Outdoor Service) 3547 Jackson
Cigarette Papers within said City.Passed, approved and adopted this 21st
RENEWALSday of July, 1997.
McCann’s IOCOMcCann’s Serv. Inc.Terrance M. Duggan, Mayor
690 W. LocustAttest: Mary A. Davis, City Clerk
Old ShangNelda H. BennettCouncil Member Voetberg moved adoption
1091 Mainof the Resolution. Seconded by Council
Silver Dollar CantinaM M & HMember Buol. Motion carried 7-0.
342 Main St
YardarmYardarm Inc.1201 Shiras Ext.BOARDS AND COMMISSIONS
Passed, approved and adopted this 21stFIVE FLAGS CIVIC CENTER
day of July, 1997.COMMISSION
Terrance M. Duggan, MayorApplicant - Gary Dolphin. Council Member
Attest: Mary A. Davis, City ClerkVoetberg moved that Gary Dolphin be
Council Member Voetberg moved adoptionreappointed to the Five Flags Civic Center
of the Resolution. Seconded by CouncilCommission for a three year term which will
Member Buol. Motion carried 7-0. expire 6-29-2000. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 312-97
Whereas, applications for Beer PermitsLIBRARY BOARD OF TRUSTEES
have been submitted and filed to this CouncilApplicants - J. L. Felderman, Piper
for approval and the same have beenKuhljuergen and Kristen Smith. Mayor
examined and approved; and Duggan reappointed Kristen Smith and
Whereas, the premises to be occupied byappointed Piper Kuhljuergen for four year
such applicants were inspected and found toterms on the Library Board of Trustees which
comply with the Ordinances of this City andwill expire 7-01-2001. Council Member Krieg
have filed proper bonds.moved that they concur with the Mayor’s
NOW, THEREFORE, BE IT RESOLVEDappointments to the Library Board. Seconded
BY THE CITY COUNCIL OF THE CITY OFby Council Member Michalski. Motion carried
Regular Session, July 21, 1997
7-0. SECTION 32-397 RE-ESTABLISHING
RESIDENTIAL PARKING PERMIT
PARK & RECREATION COMMISSIONDISTRICT D (LUCY DRIVE)
Applicants - Lon Boike, Kim Daykin andNOW, THEREFORE, BE IT ORDAINED
Gary Harjehausen. Vote on the appointmentsBY THE CITY COUNCIL OF THE CITY OF
were as follows: Mayor Duggan voted forDUBUQUE, IOWA:
Daykin and Harjehausen. Council MemberSection 1. That Subsection (a) of Section
Buol voted for Daykin and Harjehausen.32-263 of the Code of Ordinances of the City
Council Member Krieg voted for Daykin andof Dubuque, Iowa, relating to Residential
Harjehausen. Council Member MichalskiParking Permit District D is hereby repealed
voted for Daykin and Harjehausen. Counciland the following new Subsection (a) of
Member Nicholson voted for Daykin andSection 32-397 adopted in lieu thereof:
Harjehausen. Council Member Robbins votedSection 32-397.
for Daykin and Harjehausen. Council Member(a)The following described area
Voetberg voted for Boike and Daykin.constitutes a residential parking permit
Therefore, Kim Daykin and Gary Harjehausendistrict designated as Residential
were reappointed to three year terms whichParking Permit District D:
will expire 6-30-2000.Lucy Drive, from Pennsylvania Avenue to
Welu Drive.
Council Member Robbins moved toPassed, approved and adopted this 21st
suspend the rules to allow anyone present today of July, 1997.
address the Council if they so desire.
Seconded by Council Member Buol. MotionTerrance M. Duggan, Mayor
carried 7-0. Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
Proof of publication certified to by thenewspaper this 29th day of July, 1997.
Publisher on Notice of Public Hearing to1t 7/29Mary A. Davis CMC, City Clerk
consider amending Residential Parking PermitCouncil Member Voetberg moved that the
District “D” by removing Amy Court only fromrequirement that a proposed Ordinance be
District; Communication of Mrs. Stephen Pfaffconsidered and voted on for passage at two
requesting to keep district as is - do notCouncil Meetings prior to the meeting at which
remove Amy Court; Communication of Earl
it is to be finally passed be suspended.
Alexander, Jr. questioning if enforcement for
Seconded by Council Member Buol. Carried
district can be done only during the school
by the following vote: Yeas—Mayor Duggan,
year and eliminated during the summer
Council Members Buol, Krieg, Michalski,
season; Communication of Diane Hanson
Robbins, Voetberg. Nays—Council Member
requesting removal of Amy Ct. from
Nicholson. Council Member Voetberg moved
Residential Parking Permit District “D”; and
final consideration and passage of the
City Manager advising the Council’s choice to
Ordinance. Seconded by Council Member
retain, amend or repeal the District, presented
Buol. Carried by the following vote:
and read. Council Member Voetberg moved
Yeas—Mayor Duggan, Council Members
that the proof and communications be
Buol, Krieg, Michalski, Robbins, Voetberg.
received and filed. Seconded by Council
Nays—Council Member Nicholson.
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Proof of publication certified to by the
Buol, Krieg, Michalski, Robbins, Voetberg.
Publisher on Notice of Public Hearing to
Nays—Council Member Nicholson.
consider an Urban Renewal Plan for the East
7th Street Economic Development District;
Diane Hanson, 1646 Amy Ct., David Bret-
Long Range Planning Advisory Commission
hauer, 1611 Amy Ct., and Debbie Ryan, 1671
advising of the support and finds the request
Amy Ct., all spoke requesting Council remove
is consistent with the Comprehensive Plan
Amy Ct. from the district.
and recommends approval; and City Manager
recommending adopting of Urban Renewal
An Ordinance Amending Code ofPlan, presented and read. Council Member
Ordinances by adopting in lieu thereof a newRobbins moved that the proof and
subsection (a) of Section 32-397 re-communication be received and filed.
establishing Residential Parking PermitSeconded by Council Member Krieg. Motion
District “D” (Lucy Drive from Pennsylvaniacarried 7-0.
Avenue to Welu Drive only), presented and
read. RESOLUTION NO. 314-97
A RESOLUTION APPROVING THE URBAN
(OFFICIAL PUBLICATION)RENEWAL PLAN FOR THE EAST 7TH
ORDINANCE NO. 40-97STREET ECONOMIC DEVELOPMENT
AN ORDINANCE AMENDING THE CODEDISTRICT.
OF ORDINANCES OF THE CITY OF DU-
Whereas, on April 7, 1997, the City Council
BUQUE, IOWA, BY REPEALING
of the City of Dubuque, Iowa authorized the
SUBSECTION (a) OF SECTION 32-397
preparation of an Urban Renewal Plan (the
ESTABLISHING RESIDENTIAL PARKING
“Plan”) for the East 7th Street Economic
PERMIT DISTRICT D (LUCY DRIVE AND
Development District (the “District”); and
AMY COURT) AND ADOPTING IN LIEU
Whereas, the City of Dubuque’s primary
THEREOF A NEW SUBSECTION (a) OF
objectives in establishing this Plan are to
Regular Session, July 21, 1997
provide redevelopment assistance to a localobjections, oral or written to the proposal to
company recovering from a devastating firedispose of interest of the City of Dubuque,
and to create new investment in an existingIowa, in the hereinabove described real estate
industrial area that is currently vacant andto Bill and Jane Duggan.
underutilized; andNOW THEREFORE, BE IT RESOLVED
Whereas, the Long Range PlanningBY THE CITY COUNCIL OF THE CITY OF
Commission has reviewed the proposed PlanDUBUQUE, IOWA:
and has found that said document isSection 1.That the disposal of the
consistent with the Comprehensive Plan forinterest of the City of Dubuque, Dubuque
the development of the City of County, Iowa in real property described as Lot
Dubuque as a whole and has transmitted its11A of Dubuque Homes Subdivision No. 1 to
findings to the City Council; and Bill and Jane Duggan be and the same is
Whereas, a consultation process has beenhereby approved for the sum of $513.00; plus
undertaken with affected taxing entities incost of publication, platting and filing fees;
accordance with Chapter 403 of the Code ofconveyance shall be by Quit Claim Deed.
Iowa with no written objections orSection 2.That the Mayor be authorized
recommended changes to the Plan received;and directed to execute a Quit Claim Deed,
and and the City Clerk be and is hereby authorized
Whereas, the City Council, in accordanceand directed to deliver said deed of
with Chapter 403 of the Code of Iowa, hasconveyance to the above named grantees
held a public hearing on the proposed Planupon receipt of the purchase price in full.
after public notice thereof.Section 3.That the City Clerk be and is
NOW, THEREFORE, BE IT RESOLVEDhereby authorized and directed to record a
BY THE CITY COUNCIL OF THE CITY OFcertified copy of this resolution in the office of
DUBUQUE, IOWA:the City Assessor, Dubuque County Recorder
Section 1. That the Urban Renewal Planand Dubuque County Auditor.
for the East 7th Street Economic DevelopmentPassed, approved and adopted this 21st
District, attached hereto and made referenceday of July, 1997.
to herein, be approved. Terrance M. Duggan, Mayor
Section 2. That the City Clerk of the City ofAttest: Mary A. Davis, City Clerk
Dubuque, Iowa is hereby authorized andCouncil Member Krieg moved adoption of
directed to file a certified copy of thethe Resolution. Seconded by Council Member
Resolution in the office of the DubuqueNicholson. Motion carried 7-0.
County Recorder.
Passed, approved and adopted this 21stProof of publication certified to by the
day of July, 1997.Publisher on Notice of Public Hearing to
Terrance M. Duggan, Mayorconsider Mississippi Riverwalk and Amenities
Attest: Mary A. Davis, City ClerkProject, Peavey Company submitting their
Council Member Robbins moved adoptionconcerns regarding the Mississippi River
of the Resolution. Seconded by CouncilWalk plan; Communications (two) from
Member Krieg. Motion carried 7-0. Attorney Brian J. Kane, on behalf of his client
Fischer Companies, submitting comments
Proof of publication certified to by theregarding proposed Mississippi Riverwalk; and
Publisher on Notice of Public Hearing toCity Manager recommending selection of
consider disposing of Lot 11A of DubuqueAlternative “D” as design and requesting
Homes Subdivision No. 1 to Bill and Janefurther direction on other elements, presented
Duggan and communication of City Managerand read. Council Member Voetberg moved
recommending approval to dispose ofthat the proof of publication and
property, presented and read. Councilcommunications be received and filed.
Member Krieg moved that the proof andSeconded by Council Member Michalski.
communication be received and filed.Motion carried 7-0.
Seconded by Council Member Nicholson.
Motion carried 7-0. Rod Tokheim, Olde Country Lane,
representing the Chamber of Commerce and
RESOLUTION NO. 315- 97Riverfront Development spoke encouraging
Whereas, pursuant to resolution andthe Council to move forward on this matter.
published notice of time and place of hearing,
published in the Telegraph Herald, aDr. Paul Laube of Overview Ct., Rick
newspaper of general circulation published inSteines, and Teri Goodman all spoke in
the City of Dubuque, Iowa on the 11th day ofsupport of moving forward on this project.
July, 1997, the City Council of the City of
Dubuque, Iowa met on the 21st day of July,Council Member Voetberg moved that they
1997, at 7:30 p.m. in the Public Libraryapprove the selection of Alternative “D”.
Auditorium, 11th and Locust, Dubuque,Seconded by Council Member Michalski.
Dubuque, County, Iowa to consider theMotion carried 7-0.
proposal for the sale of real estate described
as:TABLED FROM COUNCIL MEETING
Lot 11A of Dubuque Homes SubdivisionOF 7-7-97
No. 1 in the City of Dubuque, Iowa; andCity Manager recommending to reject all
Whereas, the City Council of the City ofbids received for 15th Street Steps
Dubuque, Iowa overruled any and allReconstruction project, presented and read.
Regular Session, July 21, 1997
Council Member Voetberg moved to table thisGreyhound Park & Casino - Loading Dock
matter and refer it to Community DevelopmentImprovements pursuant to Resolution No.
to hold a Pubic Hearing to reallocate funds to274-97 and notice to bidders published in a
go ahead and report back to Council.newspaper published in the City of Dubuque,
Seconded by Council Member Buol. MotionIowa on the 19th day of June, 1997.
carried 7-0. Whereas, said sealed proposals were
opened and read on the 25th day of June,
TABLED FROM COUNCIL MEETING1997 and it has been determined that the bid
OF 7-7-97of Maryville Construction Co. of Hazel Green,
City Manager recommending to awardWI in the amount of $45,493.00 was the
contracts for projects at Dubuque Greyhoundlowest bid for the furnishings of all labor and
Park & Casino - Parking Lot Improvementsmaterials and performing the work as provided
AND Loading Dock Improvements, presentedfor in the plans and specifications.
and read. Council Member Buol moved thatNOW THEREFORE, BE IT RESOLVED
the communication be received and filed.BY THE CITY COUNCIL OF THE CITY OF
Seconded by Council Member Nicholson.DUBUQUE, IOWA:
Carried by the following vote: Yeas—MayorThat the contract for the above
Duggan, Council Members Buol, Michalski,improvement be awarded to Maryville
Nicholson, Robbins, Voetberg. Nays—None.Construction Company and the Manager be
Abstain—Council Member Krieg. and is hereby directed to execute a contract on
behalf of the City of Dubuque for the complete
RESOLUTION NO. 316-97performance of the work.
AWARDING CONTRACTBE IT FURTHER RESOLVED:
Whereas, sealed proposals have beenThat upon the signing of said contract and
submitted by contractors for the Dubuquethe approval of the contractor’s bond, the City
Greyhound Park & Casino - Parking LotTreasurer is authorized and instructed to
Improvements pursuant to Resolution No.return the bid deposits of the unsuccessful
271-97 and notice to bidders published in abidders.
newspaper published in the City of Dubuque,Passed, approved and adopted this 21st
Iowa on the 19th day of June, 1997.day of July, 1997.
Whereas, said sealed proposals wereTerrance M. Duggan, Mayor
opened and read on the 19th day of June,Attest: Mary A. Davis, City Clerk
1997 and it has been determined that the bidCouncil Member Buol moved adoption of
of River City Paving, a Division of Mathythe Resolution. Seconded by Council Member
Construction Company of Kieler, Wisconsin inNicholson. Carried by the following vote:
the amount of $228,484.50 was the lowest bidYeas—Mayor Duggan, Council Members
for the furnishings of all labor and materialsBuol, Michalski, Nicholson, Robbins,
and performing the work as provided for in theVoetberg. Nays—None. Abstain—Council
plans and specifications.Member Krieg.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFProof of publication certified to by the
DUBUQUE, IOWA:Publisher on Notice of Public Hearing to
That the contract for the aboveconsider a lease for building at 1575 W. 3rd
improvement be awarded to River City Paving,St. to Iowa Communications Network and City
a Division of Mathy Construction CompanyManager recommending to approve lease,
and the Manager be and is hereby directed topresented and read. Council Member
execute a contract on behalf of the City ofVoetberg moved that the communication be
Dubuque for the complete performance of thereceived and filed. Seconded by Council
work.Member Buol. Motion carried 7-0.
BE IT FURTHER RESOLVED:
That upon the signing of said contract andRESOLUTION NO. 318-97
the approval of the contractor's bond, the CityRESOLUTION APPROVING THE LEASE
Treasurer is authorized and instructed toOF THE BUILDING AT 1575 W. 3RD STRE-
return the bid deposits of the unsuccessfulET TO THE IOWA COMMUNICATIONS
bidders.NETWORK TO HOUSE
Passed, approved and adopted this 21stCOMMUNICATIONS EQUIPMENT
day of July, 1997.Whereas, published notice of date, time,
Terrance M. Duggan, Mayorand place of a public hearing, published in the
Attest: Mary A. Davis, City ClerkTelegraph Herald, a newspaper of general
Council Member Buol moved adoption ofcirculation published in the City of Dubuque,
the Resolution. Seconded by Council MemberIowa, on the 11th day of July, 1997, the City
Nicholson. Carried by the following vote:Council of the City of Dubuque, Iowa met on
Yeas—Mayor Duggan, Council Membersthe 21st day of July, 1997 at 7:00 p.m. in the
Buol, Michalski, Nicholson, Robbins,Public Library Auditorium, Eleventh and
Voetberg. Nays—None. Abstain—CouncilLocust Streets, Dubuque, Iowa, to consider
Member Krieg. the lease of certain real property as set forth in
the Lease Agreement between the City of
RESOLUTION NO. 317-97Dubuque and the Iowa Communications
AWARDING CONTRACTNetwork, a copy of which is attached hereto
Whereas, sealed proposals have beenand incorporated herein by reference; and
submitted by contractors for the DubuqueWhereas, the City Council of the City of
Regular Session, July 21, 1997
Dubuque, Iowa desires to assist in theSeconded by Council Member Voetberg.
distribution of the various communicationMotion carried 7-0.
services and capabilities of the Iowa
Communications Network to Schools,RESOLUTION NO. 319-97
Colleges, Libraries, Health Care Facilities,A RESOLUTION AUTHORIZING A LETTER
Government Agencies, and other usersOF COMMITMENT AND ADDITIONAL
authorized by law; andACTIONS CONCERNING AN ENTERPRISE
Whereas, pursuant to a November 7, 1994OPPORTUNITY LOAN TO DIANN M. HUSE-
agreement between the City of Dubuque andMANN, LITTLE BUDDIES CHILD CARE.
TCI CablevisionWhereas, the City of Dubuque, Iowa, has
of Dubuque, Inc., the City has constructedcreated an Enterprise Opportunity Program for
and made available a building located at 1575the purpose of stimulating entrepreneurship by
W. 3rd Street for the purpose of housinglow and moderate income people; and
electronic equipment to function as aWhereas, the City of Dubuque, Iowa is
distribution hub of Iowa Communicationsencouraging the use of this loan program to
Network signals which serve authorized userfinance small, owner-operated businesses
institutions located throughout Dubuque; andemploying five or fewer employees; and
Whereas, the Iowa CommunicationsWhereas, DiAnn M. Husemann and Little
Network offers to lease the building at 1575Buddies Child Care meet the requirements of
W. 3rd Street from the City under terms thethis program; and
City Council finds reasonable, beneficial to theWhereas, a Commitment Letter, hereto
community and compatible with the 1994 TCIattached and by this reference made a part
Cablevision of Dubuque, Inc. Agreement; andhereof, sets forth the terms and conditions of
Whereas, the City Council of the City ofDiAnn M. Husemann's participation in the
Dubuque, Iowa, overruled any and allEnterprise Opportunity Program.
objections, oral or written, to this leaseNOW, THEREFORE, BE IT RESOLVED
agreement;BY THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OFSection 1. That the application of DiAnn
DUBUQUE, IOWA:M. Husemann, Little Buddies Child Care, for
Section 1. The Lease Agreement betweenparticipation in the Enterprise Opportunity
the City of Dubuque and the IowaProgram is hereby accepted and approved.
Communications Network for the building atSection 2. That the Mayor is hereby
1575 W. 3rd Street to house electronic equip-authorized to execute, on behalf of the City
ment, a copy of which is attached hereto, isCouncil of the City of Dubuque, Iowa, the
hereby approved.attached Commitment Letter and to forward
Section 2. The City Manager is authorizedsaid letter to DiAnn M. Husemann for review
and directed to execute the Lease Agreementand approval.
on behalf of the City of Dubuque.Section 3.That the City Manager be and
Passed, approved and adopted this 21sthe is hereby directed to prepare, upon
day of July, 1997.execution and receipt of the attached
Terrance M. Duggan, MayorCommitment Letter, the necessary loan
Attest: Mary A. Davis, City Clerk documents in accordance with the terms and
Council Member Voetberg moved adoptionconditions set forth in said Commitment
of the Resolution. Seconded by CouncilLetter.
Member Buol. Motion carried 7-0. Section 4.That the City Manager is
hereby authorized to execute, on behalf of the
City Manager seeking confirmation thatCity Council of the City of Dubuque, Iowa, all
consultant’s plan is consistent with Industrialnecessary loan documents and is further
Park Master Plan as selected by Council,authorized to disburse loan funds from the
presented and read. Council Member Voet-Enterprise Opportunity Program, in
berg moved that the communication beaccordance with the terms and conditions of
received and filed and confirmed thethe executed agreement.
consistency of the Plan. Seconded by CouncilPassed, approved and adopted this 21st
Member Nicholson. Motion carried 7-0. Uponday of July 1997.
consensus, it was agreed to remove HeacockTerrance M. Duggan, Mayor
Rd. from plans. Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
City Manager approving implementation ofthe Resolution. Seconded by Council Member
Water Pollution Control Plant OperationVoetberg. Motion carried 7-0.
Review Team’s recommendation, presented
and read. Council Member Krieg moved thatZoning Advisory Commission advising of
the communication be received and filed andtheir approval of final plat for Kelly Heights
approved recommendation. Seconded bySubdivision, presented and read. Council
Council Member Nicholson. Motion carried 7-Member Robbins moved that the
0. communication be received and filed.
City Manager recommending approval ofSeconded by Council Member Nicholson.
Enterprise Opportunity Program Loan LittleMotion carried 7-0.
Buddies Child Care, presented and read.
Council Member Buol moved that theRESOLUTION NO. 320-97
communication be received and filed.A RESOLUTION APPROVING THE FINAL
Regular Session, July 21, 1997
PLAT OF LOTS 1 THROUGH 4 AND LOT Atwo (2) years from the date of acceptance
OF KELLY HEIGHTS SUBDIVISION IN THEof this resolution, at the sole expense of the
CITY OF DUBUQUE, IOWA.owners, or future owners;
Whereas, there has been filed with the Cityd.To maintain the public improvements, for a
Clerk a final plat of Lots 1 through 4 and Lot Aperiod of two (2) years from the date of the
of Kelly Heights Subdivision in the City ofacceptance of those improvements by the
Dubuque, Iowa; andCity of Dubuque, Iowa, at the sole expense
Whereas, upon said final plat appears aof the owners, or future owners;
certain street (Kelly Heights) and privatee.All assessable costs for maintenance or
sanitary sewer to be owned by andservice, described herein, performed by the
maintained to City standards at the soleCity of Dubuque, Iowa on Kelly Heights
expense of the owners, FDR Development,shall be assessed against the owner or
Inc. or their successor as assigned; andsuccessors as assigned and a lien placed
Whereas, upon said final plat appears aupon said real property;
certain public water main which the owners byAnd further provided that said FDR
said final plat have dedicated to the publicDevelopment, Inc., as owners of said property,
forever; andshall secure the performance of the foregoing
Whereas, the preliminary plat has beenconditions provided in this Section by
examined by the Zoning Advisory Commissionproviding guarantees in such form and with
and had its approval endorsed thereon; andsuch sureties as may be acceptable to the City
Whereas, said final plat has been reviewedManager of the City of Dubuque, Iowa.
by the City Planner and had her approvalSection 3. That FDR Development, Inc. will
endorsed thereon, subject to the ownersform a property owner’s association to provide
agreeing to the conditions noted in Section 2maintenance for the private street, lift station
below; andand force main.
Whereas, said final plat has beenSection 4. That the final acceptance of all
examined by the City Council and they findpublic improvements shall occur upon
that it conforms to the statutes and ordinancescertification of the City Engineer to the City
relating to it; andCouncil that all public improvements have
Whereas, the City Council concurs in thebeen completed in accordance with the
conditions of approval established by theimprovement plans and City standard
Zoning Advisory Commission and the Cityspecifications and accepted by City Council
Planner.Resolution.
NOW, THEREFORE, BE IT RESOLVEDSection 5. That in the event FDR
BY THE CITY COUNCIL OF THE CITY OFDevelopment, Inc. shall fail to execute the
DUBUQUE, IOWA:acceptance and furnish the guarantees
Section 1. That the dedications ofprovided in Section 2 hereof within 180 days
easements for public utilities and water mainsafter the date of this Resolution, the provisions
as they appear upon said final plat, be and thehereof shall be null and void and the
same are hereby accepted; andacceptance of the dedication and approval the
Section 2. That the plat of Lots 1 throughplat shall not be effective.
4 and Lot A of Kelly Heights Subdivision isPassed, approved and adopted this 21st
hereby approved and the Mayor and City Clerkday of July, 1997.
are hereby authorized and directed to endorseTerrance M. Duggan, Mayor
the approval of the City of Dubuque, Iowa,ATTEST: Mary A. Davis, City Clerk
upon said final plat, provided the owners ofACCEPTANCE OF
said property herein named, execute theirRESOLUTION NO. 320-97
written acceptance hereto attached agreeing:We, the undersigned, Richard J. Schiltz,
a.To install a private sanitary sewer lift stationVice President and James J. Roth, Secretary,
and force main, sanitary sewer mains andrepresentatives for FDR Development, Inc.,
sewer service laterals into each individualhaving read the terms and conditions of the
lot, water mains and water service lateralsResolution No. 320-97 and being familiar with
into each individual lot, storm sewers andthe conditions thereof, hereby accept this
catch basins, boulevard street lighting andsame and agree to the conditions required
erosion control devices all in accordancetherein.
with the City of Dubuque standardDated in Dubuque, Iowa this 23rd day of
specifications.July, 1997.
b.That the streets and utilities located in KellyFDR Development, Inc.
Heights in the city of Dubuque, Iowa, shallBy /s/ Richard J. Schiltz, Vice President
be private streets and private utilities asBy /s/ James J. Roth, Secretary
shown upon the plan and further providingCouncil Member Robbins moved adoption
that the City may enter such streets toof the Resolution. Seconded by Council
provide necessary emergency services orMember Nicholson. Motion carried 7-0.
other services or duties which it may be
obligated by law to perform on theZoning Advisory Commission advising of
premises; that the City may enter the streettheir approval to rezone property at 3170
and perform necessary maintenanceNightengale Lane from AG to R-1 as
whenever the private owner fails to do so,requested by Patrick & Patricia Kennedy,
and assess all costs to the owner orpresented and read. Council Member
assigns;Voetberg moved that the communication be
c.To construct said improvements, prior toreceived and filed. Seconded by Council
Regular Session, July 21, 1997
Member Buol. Motion carried 7-0. Improvement Project, in the estimated amount
of $1,098.742.00, are hereby approved and
An Ordinance Amending Zoning Map byordered filed in the office of the City Clerk for
reclassifying property located at 3170 Night-public inspection.
engale Lane from AG Agricultural District toPassed, adopted and approved this 21st
R-1 Single-Family Residential District, withday of July, 1997.
conditions, presented and read. CouncilTerrance M. Duggan, Mayor
Member Voetberg moved that the requirementAttest: Mary A. Davis, City Clerk
that a proposed Ordinance be considered andCouncil Member Michalski moved adoption
voted on for passage at two Council Meetingsof the Resolution. Seconded by Council
prior to the meeting at which it is to be finallyMember Robbins. Motion carried 7-0.
passed be suspended. Seconded by Council
Member Buol. Motion carried 7-0. CouncilRESOLUTION NO. 322-97
Member Voetberg moved that a PublicFIXING DATE OF HEARING
Hearing be held on the proposed Ordinance ON PLANS AND SPECIFICATIONS
on the 4th day of August, 1997 at 7:00 p.m. inWhereas, the City Council of the City of
the Public Library Auditorium and that the CityDubuque, Iowa has given its preliminary
Clerk publish notice in the manner prescribedapproval on the proposed plans,
by law. Seconded by Council Member Buol.specifications, and form of contract and
Motion carried 7-0. placed same on file in the office of the City
Clerk for public inspection of the Dubuque
Zoning Advisory Commission advising ofIndustrial Center South Roadway
their approval to rezone property located NorthImprovement Project.
of U.S. Highway 61/151, west of Kerper Blvd.,NOW THEREFORE, BE IT RESOLVED
south of Fengler St., and East of the I & M RRBY THE CITY COUNCIL OF THE CITY OF
from HI to MHI as requested by the City ofDUBUQUE, IOWA:
Dubuque, presented and read. CouncilThat on the 18th day of August, 1997, a
Member Voetberg moved that thepublic hearing will be held at 7:00 p.m. in the
communication be received and filed.public library at which time interested persons
Seconded by Council Member Robbins.may appear and be heard for or against the
Motion carried 7-0. proposed plans and specifications, form of
contract and cost of said improvement, and
An Ordinance Amending Zoning Map bythe City Clerk be and is hereby directed to
reclassifying property located North of U.S.cause a notice of time and place of such
Highway 61/151, West of Kerper Boulevard,hearing to be published in a newspaper having
South of Fengler Street and East of the I & Mgeneral circulation in the City of Dubuque,
Railroad from HI Heavy Industrial District toIowa, which notice shall be not less than four
MHI Modified Heavy Industrial District,days nor more than twenty days prior to the
presented and read. Council Memberday fixed for its consideration. At the hearing,
Voetberg moved that the requirement that aany interested person may appear and file
proposed Ordinance be considered and votedobjections to the proposed plans,
on for passage at two Council Meetings priorspecifications, contract, or estimated cost of
to the meeting at which it is to be finallythe improvement.
passed be suspended. Seconded by CouncilPassed, adopted and approved this 21st
Member Robbins. Motion carried 7-0.day of July, 1997.
Council Member Voetberg moved that a Public
Hearing be held on the proposed OrdinanceTerrance M. Duggan, Mayor
on the 4th day of August, 1997 at 7:00 p.m. inAttest: Mary A. Davis, City Clerk
the Public Library Auditorium and that the CityCouncil Member Michalski moved adoption
Clerk publish notice in the manner prescribedof the Resolution. Seconded by Council
by law. Seconded by Council MemberMember Robbins. Motion carried 7-0.
Robbins. Motion carried 7-0.
RESOLUTION NO. 323-97
City Manager submitting biddingORDERING BIDS
documents providing for the construction ofNOW THEREFORE, BE IT RESOLVED
Dubuque Industrial Center South RoadBY THE COUNCIL OF THE CITY OF
Improvements project, presented and read.DUBUQUE, IOWA:
Council Member Michalski moved that theThat the Dubuque Industrial Center South
communication be received and filed.Roadway Improvement Project is hereby
Seconded by Council Member Robbins.ordered to be advertised for bids for
Motion carried 7-0. construction.
BE IT FURTHER RESOLVED, that the
RESOLUTION NO. 321-97amount of the security to accompany each bid
PRELIMINARY APPROVALshall be in an amount which shall conform to
OF PLANS AND SPECIFICATIONSthe provisions of the notice to bidders hereby
NOW THEREFORE, BE IT RESOLVEDapproved as a part of the plans and
BY THE CITY COUNCIL OF THE CITY OFspecifications heretofore adopted.
DUBUQUE, IOWA:
That the proposed plans, specifications,That the City Clerk is hereby directed to
form of contract and estimated cost for theadvertise for bids for the construction of the
Dubuque Industrial Center South Roadwayimprovements herein provided, to be published
Regular Session, July 21, 1997
in a newspaper having general circulation indays prior to the day fixed for its consideration.
the City of Dubuque, Iowa, which notice shallAt the hearing, any interested person may
not be less than four days nor more thanappear and file objections to the proposed
twenty days prior to the receipt of said bids atplans, specifications, contract, or estimated
2:00 p.m. on the 12th day of August, 1997.cost of the improvement.
Bids shall be opened and read by the CityPassed, adopted and approved this 21st
Clerk at said time and will be submitted to theday of July, 1997.
Council for final action at 7:00 p.m. on theTerrance M. Duggan, Mayor
18th day of August, 1997.Attest: Mary A. Davis, City Clerk
Passed, adopted and approved this 21stCouncil Member Robbins moved adoption
day of July, 1997.of the Resolution. Seconded by Council
Terrance M. Duggan, MayorMember Nicholson. Motion carried 7-0.
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoptionRESOLUTION NO. 326-97
of the Resolution. Seconded by CouncilORDERING BIDS
Member Robbins. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
City Manager submitting biddingDUBUQUE, IOWA:
documents providing for Kerper Industrial SiteThat the Kerper Boulevard Industrial Park
Dredging project, presented and read.Grading Project is hereby ordered to be
Council Member Robbins moved that theadvertised for bids for construction.
communication be received and filed.BE IT FURTHER RESOLVED, that the
Seconded by Council Member Nicholson.amount of the security to accompany each bid
Motion carried 7-0. shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
RESOLUTION NO. 324-97approved as a part of the plans and
PRELIMINARY APPROVAL OFspecifications heretofore adopted.
PLANS AND SPECIFICATIONSThat the City Clerk is hereby directed to
NOW THEREFORE, BE IT RESOLVEDadvertise for bids for the construction of the
BY THE CITY COUNCIL OF THE CITY OFimprovements herein provided, to be published
DUBUQUE, IOWA:in a newspaper having general circulation in
That the proposed plans, specifications,the City of Dubuque, Iowa, which notice shall
form of contract and estimated cost for thenot be less than four days nor more than
Kerper Boulevard Industrial Park Gradingtwenty days prior to the receipt of said bids at
Project, in the estimated amount of2:00 p.m. on the 7th day of August, 1997.
$890,125.00, are hereby approved andBids shall be opened and read by the City
ordered filed in the office of the City Clerk forClerk at said time and will be submitted to the
public inspection.Council for final action at 7:00 p.m. on the
Passed, adopted and approved this 21st18th day of August, 1997.
day of July, 1997.Passed, adopted and approved this 21st
Terrance M. Duggan, Mayorday of July, 1997.
Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Robbins moved adoptionAttest: Mary A. Davis, City Clerk
of the Resolution. Seconded by CouncilCouncil Member Robbins moved adoption
Member Nicholson. Motion carried 7-0. of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
RESOLUTION NO. 325-97
FIXING DATE OF HEARINGCity Manager submitting bidding
ON PLANS AND SPECIFICATIONSdocuments for 1997 Rehabilitation Repairs to
Whereas, the City Council of the City ofthe City of Dubuque Parking Ramp Facilities
Dubuque, Iowa has given its preliminaryproject, presented and read. Council Member
approval on the proposed plans,Robbins moved that the communication be
specifications, and form of contract andreceived and filed. Seconded by Council
placed same on file in the office of the CityMember Nicholson. Motion carried 7-0.
Clerk for public inspection of the Kerper
Boulevard Industrial Park Grading Project.RESOLUTION NO. 327-97
NOW THEREFORE, BE IT RESOLVEDPRELIMINARY APPROVAL OF
BY THE CITY COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS
DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED
That on the 18th day of August, 1997, aBY THE CITY COUNCIL OF THE CITY OF
public hearing will be held at 7:00 p.m. in theDUBUQUE, IOWA
Public Library Auditorium at which timeThat the proposed plans, specifications,
interested persons may appear and be heardform of contract and estimated cost for the
for or against the proposed plans and1997 Rehabilitation Repairs to the City of
specifications, form of contract and cost ofDubuque Parking Ramp Facilities, in the
said improvement, and the City Clerk be andestimated amount of $125,000.00 are hereby
is hereby directed to cause a notice of timeapproved and ordered filed in the office of the
and place of such hearing to be published in aCity Clerk for public inspection.
newspaper having general circulation in thePassed, approved, and adopted this 21st
City of Dubuque, Iowa, which notice shall beday of July, 1997.
not less than four days nor more than twentyTerrance M. Duggan, Mayor
Regular Session, July 21, 1997
Attest: Mary A. Davis, City ClerkPassed, approved, and adopted this 21st
Council Member Robbins moved adoptionday of July, 1997.
of the Resolution. Seconded by CouncilTerrance M. Duggan, Mayor
Member Nicholson. Motion carried 7-0. Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
RESOLUTION NO. 328-97of the Resolution. Seconded by Council
FIXING DATE OF HEARING ONMember Nicholson. Motion carried 7-0.
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City ofCity Manager submitting bidding
Dubuque, Iowa has given its preliminarydocuments for Dubuque Regional Airport
approval on the proposed plans,Entrance Road Reconstruction project,
specifications, and form of contract andpresented and read. Council Member Krieg
placed same on file in the office of the Citymoved that the communication be received
Clerk for public inspection of the 1997and filed. Seconded by Council Member Buol.
Rehabilitation Repairs to the City of DubuqueMotion carried 7-0.
Parking Ramp Facilities.
NOW, THEREFORE, BE IT RESOLVEDRESOLUTION NO. 330-97
BY THE CITY COUNCIL OF THE CITY OFPRELIMINARY APPROVAL OF
DUBUQUE, IOWA:PLANS AND SPECIFICATIONS
That on the 18th day of August, 1997, aNOW THEREFORE, BE IT RESOLVED
public hearing will be held at 7:00 p.m.BY THE CITY COUNCIL OF THE CITY OF
in the Public Library Auditorium at which timeDUBUQUE, IOWA:
interested persons may appear and be heardThat the proposed plans, specifications,
for or against the proposed plans andform of contract and estimated cost for the
specifications, form of contract and cost ofDubuque Regional Airport Entrance Road
said improvement, and the City Clerk be andReconstruction, in the estimated amount of
is hereby directed to cause a notice of time$167,378.29, are hereby approved and
and place of such hearing to be published in aordered filed in the office of the City Clerk for
newspaper having general circulation in thepublic inspection.
City of Dubuque, Iowa, which notice shall bePassed, adopted and approved this 21st
not less than four days nor more than twentyday of July, 1997.
days prior to the day fixed for its consideration.Terrance M. Duggan, Mayor
At the hearing, any interested persons mayAttest: Mary A. Davis, City Clerk
appear and file objections to the proposedCouncil Member Krieg moved adoption of
plans, specifications, contract, or estimatedthe Resolution. Seconded by Council Member
cost of the improvement.Buol. Motion carried 7-0.
Passed, adopted, and approved this 21st
day of July, 1997.RESOLUTION NO. 331-97
Terrance M. Duggan, MayorFIXING DATE OF HEARING ON
Attest: Mary A. Davis, City ClerkPLANS AND SPECIFICATIONS
Council Member Robbins moved adoptionWhereas, the City Council of the City of
of the Resolution. Seconded by CouncilDubuque, Iowa has given its preliminary
Member Nicholson. Motion carried 7-0. approval on the proposed plans,
specifications, and form of contract and
RESOLUTION NO. 329-97placed same on file in the office of the City
ORDERING BIDSClerk for public inspection of the Dubuque
NOW, THEREFORE, BE IT RESOLVEDRegional Airport Entrance Road
BY THE CITY COUNCIL OF THE CITYReconstruction.
OF DUBUQUE, IOWANOW THEREFORE, BE IT RESOLVED
That the 1997 Rehabilitation Repairs to theBY THE CITY COUNCIL OF THE CITY OF
City of Dubuque Parking Ramp Facilities isDUBUQUE, IOWA:
hereby ordered to be advertised for bids forThat on the 18th day of August, 1997, a
construction.public hearing will be held at 7:00 p.m. in the
BE IT FURTHER RESOLVED, that thePublic Library Auditorium at which time
amount of the security to accompany each bidinterested persons may appear and be heard
shall be in an amount which shall conform tofor or against the proposed plans and
the provisions of the notice to bidders herebyspecifications, form of contract and cost of
approved as a part of the plans andsaid improvement, and the City Clerk be and
specifications heretofore adopted.is hereby directed to cause a notice of time
That the City Clerk is hereby directed toand place of such hearing to be published in a
advertise for bids for the construction of thenewspaper having general circulation in the
improvements herein provided, to beCity of Dubuque, Iowa, which notice shall be
advertised in a newspaper having generalnot less than four days nor more than twenty
circulation in the City of Dubuque, Iowa, whichdays prior to the day fixed for its consideration.
notice shall not be less than four days norAt the hearing, any interested person may
more than twenty days prior to the receipt ofappear and file objections to the proposed
bids at 2:00 p.m. on the 4th day of August,plans, specifications, contract, or estimated
1997. Bids shall be opened and read by thecost of the improvement.
City Clerk at said time and will be submitted toPassed, adopted and approved this 21st
the City Council for final action at 7:00 p.m. onday of July, 1997.
the 18th day of August, 1997.Terrance M. Duggan, Mayor
Regular Session, July 21, 1997
Attest: Mary A. Davis, City ClerkRobbins. Motion carried 7-0. The meeting
Council Member Krieg moved adoption ofadjourned at 9:46 p.m.
the Resolution. Seconded by Council Member
Buol. Motion carried 7-0.
Mary A. Davis CMC
RESOLUTION NO. 332-97City Clerk
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVEDApproved , 1997
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Adopted , 1997
That the Dubuque Regional Airport
Entrance Road Reconstruction is hereby
ordered to be advertised for bids for
construction.Mayor
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 atCouncil Members
2:00 p.m. on the 7th day of August, 1997.Attest:
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 theCity Clerk
18th day of August, 1997.
Passed, adopted and approved this 21st
day of July, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Buol. Motion carried 7-0.
City Manager and Chief of Police
recommending public hearings be set for
August 4, 1997 to consider $300.00
assessments against following establishments
for violation of Tobacco Sales to minors:
Admiral’s Hi-Hat, George Stephenson, Hartig
Drug at 700 Town Clock Plaza, Hooligan’s
Sports Bar and Martin Auto Magic, presented
and read. Council Member Michalski moved
that the communications be received and filed
and approved setting the Hearings for 8-4-97
at 7:00 p.m. in the Public Library Auditorium
and that the City Clerk give proper notice in
the manner prescribed by law. Seconded by
Council Member Buol. Motion carried 7-0.
At 9:08 p.m., Council Member Voetberg
moved that it be resolved to go into Closed
Session — In Accordance with Chapter 21.5
1.(c) 1997 Code of Iowa To discuss strategy
with Counsel in matters that are presently in
litigation. Seconded by Council Member
Michalski. Motion carried 7-0.
At 9:45 p.m. Council reconvened Regular
Session with statement that Staff had been
given direction.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member