1997 August Council Proceedings
Regular Session, August 4, 1997
16, presented and read. Council Member
DUBUQUE
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 6-0.
CITY COUNCIL
NOTICES OF CLAIMS/SUITS — Francis
& Robin Chaffee in unknown amount for water
OFFICIAL
damages; Attorney Michael Bohren on behalf
PROCEEDINGS
of John A. Cotter in amount of $750,000.00
for personal damages; Hillcrest Family
Services in amount of $9,410 for backed up
City Council, Regular Session, August 4,
sewer damages; Walt McFadden in amount of
1997.
$68.50 for property damages; Valerie H.
Council met at 7:00 p.m., Public Library
Mueller in unknown full amount for personal
Auditorium.
injuries; Attorney Stephen Juergens, on behalf
Present: Mayor Duggan, Council Members
of Jo Ellen Reed, in amount of not less than
Buol, Krieg, Nicholson, Robbins, Voetberg,
$100,000.00 for personal injuries; Paul
City Manager Michael Van Milligen,
Schmitt in estimated amount of $351.55 for
Corporation Counsel Barry Lindahl.
vehicle damages; Larry C. Wolff in amount of
Absent at Roll Call: Council Member
$4488.00 for backed up sewer damages,
Michalski.
presented and read. Council Member
Voetberg moved that the claims and suits be
Mayor Duggan read the call and stated this
referred to the Legal Staff for investigation and
is the regular Session of the City Council
report. Seconded by Council Member Buol.
called for the purpose to act upon such
Motion carried 6-0.
business which may properly come before the
Council.
Corporation Counsel recommending
settlement of tire damage claim of Steven
Invocation was given by Wayne Holt,
Plein in the amount of $62.52 and Settlement
Bishop of the Church of Jesus Christ of Latter
Agreement with John Vandermeulen in
Day Saints.
amount of $21,342.00 plus statutory interest
and costs (if any) for personal injuries,
PROCLAMATIONS — Aug. 6th thru Oct.
presented and read. Council Member
31st as “United Way Campaign Time”
Voetberg moved that the communications be
received by City Manager Michael Van
received and filed and approved the
Milligen.
recommendation and the Finance Director is
to issue the checks. Seconded by Council
MINUTES SUBMITTED — Environmental
Member Buol. Motion carried 6-0.
Stewardship Advisory Commission of 7-23;
Five Flags Commission of 7-21; Housing
Corporation Counsel recommending denial
Code Appeals Board of 5-20; Housing
of following claims: Vehicle damage of Kathy
Commission of 7-8; Joint Session of Historic
Ansel; Tow charges of Nanette Wilt,
Preservation Commission and Dubuque
presented and read. Council Member
Dispute Resolution Center submitting copy of
Voetberg moved that the communication be
their agreement form with Walnut Street
received and filed and approved denials.
neighbors; Investment Oversight Advisory
Seconded by Council Member Buol. Motion
Commission of 7-17; Public Library Board of
carried 6-0.
Trustees of 6-26; Zoning Board of Adjustment
of 7-24, presented and read. Council Member
Corporation Counsel advising property
Voetberg moved that the minutes be received
damage claim of Keith E. Kelly has been
and filed. Seconded by Council Member Buol.
administratively closed, presented and read.
Motion carried 6-0.
Council Member Voetberg moved that the
communication be received and filed.
Finance Director submitting Quarterly
Seconded by Council Member Buol. Motion
Investment Report for period ending July 30,
carried 6-0.
1997, presented and read. Council Member
Voetberg moved that the report be received
REFUNDS REQUESTED— Paul Rasch,
and filed. Seconded by Council Member Buol.
$422.50 on unexpired Liquor License; Eagle
Motion carried 6-0.
Club, $75.00 on unexpired Cigarette License,
presented and read. Council Member
Investment Oversight Commission
Voetberg moved that the refunds be approved
submitting their 17th quarterly report,
and directed Finance Director to issue proper
presented and read. Council Member
checks. Seconded by Council Member Buol.
Voetberg moved that the report be received
Motion carried 6-0.
and filed. Seconded by Council Member Buol.
Motion carried 6-0.
William Gartner submitting his resignation
from Environmental Stewardship Commission
Proofs of Publications on publishing
effective August 1, 1997 and Boniface
Council Proceedings for meetings of 7-7 & 7-
Regular Session, August 4, 1997
Arthofer resigning from Housing Codeadopted the Heritage Trail Master Plan that
Appeals Board, presented and read. Councilincludes the North End Neighborhood Trail
Member Voetberg moved that theand Linear Park.
communications received and filed andNOW THEREFORE, BE IT RESOLVED
accepted with regret. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Buol. Motion carried 6-0. DUBUQUE, IOWA:
Section 1.That the Mayor is hereby
City Manager recommending approval toauthorized to sign the REAP application for
apply for two REAP grant applications for thethe North End Neighborhood Linear Park on
Heritage Trail Riverfront System, presentedbehalf of the City of Dubuque.
and read. Council Member Voetberg movedSection 2.That the Planning Services
that the communication be received and filed.Manager is hereby authorized to submit this
Seconded by Council Member Buol. Motionapplication for $93,344 in REAP funds to the
carried 6-0. Dubuque County Resource Enhancement
Committee and to the Iowa Department of
RESOLUTION NO.333-97Natural Resources.
APPLICATION FOR REAP FUNDS FORSection 3.That the City of Dubuque
THE HERON POND WETLANDS NATUREhereby agrees to comply with applicable
TRAILhandicapped accessibility and civil rights laws.
WHEREAS, Iowa Department of NaturalPassed, approved and adopted this 4th day
Resources has Resource Enhancement andof August, 1997.
Protection (REAP) funds available to acquireTerrance M. Duggan, Mayor
and develop city parks and recreational trails;Attest: Mary A. Davis, City Clerk
andCouncil Member Voetberg moved adoption
WHEREAS, the City of Dubuque hasof the Resolution. Seconded by Council
adopted a Comprehensive Plan and aMember Buol. Motion carried 6-0.
Riverfront Plan that include goals for
development of bike/hike trails; andNotification from Iowa League of Cities
WHEREAS, the City of Dubuque hasadvising that Council Member Dan Nicholson
adopted the Heritage Trail Master Plan thatwill be serving on the League Nominating
includes the Heron Pond Wetlands NatureCommittee, presented and read. Council
Trail. Member Voetberg moved that the
NOW THEREFORE, BE IT RESOLVEDcommunication be received and filed.
BY THE CITY COUNCIL OF THE CITY OFSeconded by Council Member Buol. Motion
DUBUQUE, IOWA:carried 6-0.
Section 1.That the Mayor is hereby
authorized to sign the REAP application forCity Manager recommending execution of
the Heron Pond Wetlands Trail on behalf ofan agreement with Health Choices, Inc. for
the City of Dubuque.administration services of City’s medical,
Section 2.That the Planning Servicesdisability and cafeteria plans, presented and
Manager is hereby authorized to submit thisread. Council Member Voetberg moved that
application for $194,583 in REAP funds to thethe communication be received and filed and
Dubuque County Resource Enhancementapproved recommendations. Seconded by
Committee and to the Iowa Department ofCouncil Member Buol. Motion carried 6-0.
Natural Resources.
Section 3.That the City of DubuqueDonna Ginter requesting to transfer Beer
hereby agrees to comply with applicablePermit from 1701 Asbury Rd. to 5th, 6th &
handicapped accessibility and civil rights laws.Main Street for September 13 & 14 for
Passed, approved and adopted this 4th dayRiverFest, presented and read. Council
of August, 1997.Member Voetberg moved that the
Terrance M. Duggan, Mayorcommunication be received and filed and
Attest: Mary A. Davis, City Clerktransfer approved. Seconded by Council
Council Member Voetberg moved adoptionMember Buol. Motion carried 6-0.
of the Resolution. Seconded by Council
Member Buol. Motion carried 6-0. RESOLUTION NO. 335-97
NOW, THEREFORE, BE IT RESOLVED
RESOLUTION NO. 334-97BY THE CITY COUNCIL OF THE CITY OF
APPLICATION FOR REAP FUNDS FORDUBUQUE, IOWA:
THE NORTH END NEIGHBORHOODThat the following having complied with the
LINEAR PARKprovisions of law relating to the sale of
WHEREAS, Iowa Department of NaturalCigarettes within the City of Dubuque, Iowa,
Resources has Resource Enhancement andbe granted a permit to sell Cigarettes and
Protection (REAP) funds available to acquireCigarette Papers within said City.
and develop city parks and recreational trails;NEW
andLeeAnn & David Enterprises
WHEREAS, the City of Dubuque hasD & L Drive-Thru1090 White Street
adopted a Comprehensive Plan and aMolo Oil Co.Puff n Snuff
Riverfront Plan that include goals for2013 Central Ave.
development of bike/hike trails, parks andPassed, approved and adopted this 4th day
open spaces; andof August, 1997.
WHEREAS, the City of Dubuque hasTerrance M. Duggan, Mayor
Regular Session, August 4, 1997
Attest: Mary A. Davis, City Clerkfrom C-3 Downtown Commercial District to C-
Council Member Voetberg moved adoption1 Neighborhood Commercial District, said
of the Resolution. Seconded by CouncilOrdinance having been given the first &
Member Buol. Motion carried 6-0. second readings at the Council Meeting of 6-
16-97, now presented for further action.
RESOLUTION NO. 336-97
Whereas, applications for Beer Permits(OFFICIAL PUBLICATION)
have been submitted and filed to this CouncilORDINANCE NO. 41-97
for approval and the same have beenAN ORDINANCE AMENDING APPENDIX A
examined and approved; and (THE ZONING ORDINANCE) OF THE CITY
Whereas, the premises to be occupied byOF DUBUQUE CODE OF ORDINANCES,
such applicants were inspected and found toBY RECLASSIFYING HEREINAFTER
comply with the Ordinances of this City andDESCRIBED PROPERTY LOCATED AT
have filed proper bonds.1104 WHITE STREET FROM C-4
NOW, THEREFORE, BE IT RESOLVEDDOWNTOWN COMMERCIAL DISTRICT TO
BY THE CITY COUNCIL OF THE CITY OFC-1 NEIGHBORHOOD COMMERCIAL
DUBUQUE, IOWA:DISTRICT.
That the Manager be authorized to cause toNOW, THEREFORE, BE IT ORDAINED
be issued the following named applicants aBY THE CITY COUNCIL OF THE CITY OF
Beer Permit.DUBUQUE, IOWA:
CLASS ‘B’ BEER PERMITSSection 1. That Appendix A (the Zoning
Donna GinterRiverfestOrdinance) of the City of Dubuque Code of
(5-Day Event)+ (Sunday Sale)7th & MainOrdinances is hereby amended by
Tri State Golf Center Inc.reclassifying the hereinafter described
Tri-State Golf Centerproperty from C-4 Downtown Commercial
+ (Sunday Sale)1095 Cedar Cross RdDistrict to C-1 Neighborhood Commercial
CLASS “BE” BEER PERMITDistrict, to wit:
Beverly MillerSids BeverageLot 2 of 1 of the South 1/5 of City Lot 480
+(Sunday Sale)2727 Dodge St(Sidwell ID #10-24-439-007), and to the center
Passed, approved and adopted this 4th dayline of the adjoining public right-of-way, all in
August, 1997.the City of Dubuque, Iowa.
Terrance M. Duggan, MayorSection 2. The foregoing amendment has
Attest: Mary A Davis, City Clerkheretofore been reviewed by the Zoning
Council Member Voetberg moved adoptionAdvisory Commission of the City of Dubuque,
of the Resolution. Seconded by CouncilIowa.
Member Buol. Motion carried 6-0. Section 3. This ordinance shall take effect
immediately upon publication, as provided by
BOARDS AND COMMISSIONS:law.
The following individuals to address thePassed, approved and adopted this 4th day
Council to express their interest to serve onof August, 1997.
the following: Terrance M. Duggan, Mayor
CIVIC CENTER COMMISSION: Attest: Mary A. Davis, City Clerk
Applicants: Linda L. Duehr & StevePublished officially in the Telegraph Herald
Sesterhenn. Linda Duehr spoke.
newspaper this 8th day of August, 1997.
HOUSING COMMISSION:
1t 8/8Mary A. Davis CMC, City Clerk
Applicants: Dorothy Culbertson, Josie
Council Member Voetberg moved final
Germaine, Julita Koch-Felton, Jim Holz and
consideration and passage of the Ordinance.
Thomas P. Swift, II. Josie Germaine spoke.
Seconded by Council Member Nicholson.
Council Member Michalski entered the
Motion carried 7-0.
Chambers at 7:08 p.m.
Proof of publication certified to by the
Council Member Robbins moved that the
Publisher on Notice of Public Hearing to
rules were suspended to allow anyone to
consider reclassifying property located at 3170
speak if they so desire. Seconded by CouncilNightengale Lane from AG to R-1 District, with
Member Buol. Motion carried 7-0.conditions (Requested by Patrick and Patricia
Kennedy), presented and read. Council
Proof of publication certified to by theMember Buol moved that the proof be received
Publisher on Notice of Public Hearing toand filed. Seconded by Council Member
consider reclassifying property at 1104 WhiteNicholson. Motion carried 7-0.
Street from C-4 to C-1 District. (Requested by
Neil & Katherine Kelley), presented and read.Patrick Kennedy spoke requesting the R-1
Council Member Voetberg moved that thezoning as it was when in the County.
communication be received and filed.
Seconded by Council Member Nicholson.An Ordinance Amending Zoning Map by
Motion carried 7-0.
reclassifying property located at 3170
Nightengale Lane from AG Agricultural District
Neil Kelley spoke and requested the
to R-1 Single-Family Residential District, with
rezoning.
Conditions, said Ordinance having been
presented and read at the Council Meeting of
An Ordinance Amending Zoning Map by
7-21-97, now presented for further action.
reclassifying property at 1104 White Street
Regular Session, August 4, 1997
(OFFICIAL PUBLICATION)Agreement shall be considered a zoning
ORDINANCE NO. 42-97reclassification and shall be subject to the
AN ORDINANCE AMENDING APPENDIX Aprovisions of the Zoning Ordinance governing
(THE ZONING ORDINANCE) OF THE CITYzoning reclassifications. All such
OF DUBUQUE CODE OF ORDINANCES,modifications must be approved by the City
BY RECLASSIFYING HEREINAFTERCouncil of Dubuque, Iowa.
DESCRIBED PROPERTY LOCATED ATD) Recording. A copy of this Agreement
3170 NIGHTENGALE LANE FROM AGshall be recorded with the Dubuque County
AGRICULTURAL DISTRICT TO R-1Recorder as a permanent record of the
SINGLE-FAMILY RESIDENTIAL DISTRICT,conditions accepted as part of this rezoning
WITH CONDITIONS.approval within ten (10) days of the adoption of
NOW, THEREFORE, BE IT ORDAINEDOrdinance No. 42-97.
BY THE CITY COUNCIL OF THE CITY OFE) Construction. This Agreement shall be
DUBUQUE, IOWA:construed and interpreted as though it were
Section 1. That Appendix A (the Zoningpart of Appendix A of the Code of Ordinances
Ordinance) of the City of Dubuque Code ofof the City of Dubuque, also known as the
Ordinances is hereby amended byZoning Ordinance of the City of Dubuque,
reclassifying the hereinafter describedIowa.
property from AG Agricultural District to R-1F) This Agreement shall be binding upon
Single-Family Residential District, withthe undersigned and his/her heirs, successor
conditions, to wit:and assignees.
Lot 1, Lot 2, and Lot A Cedar Ridge Acres No.ACCEPTANCE OF
2 - Lot 1 of Lot 1 Mineral Lot 216; Lot 2 of LotORDINANCE NO. 42-97
2 of Lot 2, of Lot 2, Lot 1 of Lot 2 of Lot 2 ofWe, Patrick and Patricia Kennedy, having
Lot 2 and Lot 1 of Lot 2 of Lot 2 Cedar Ridgeread the terms and conditions of the foregoing
Acres, and to the center line of the adjoiningOrdinance No. 42-97 and being familiar with
public right-of-way, all in the City of Dubuque,the conditions thereof, hereby accept this
Iowa.same and agree to the conditions required
Section 2. The foregoing amendment hastherein.
heretofore been reviewed by the ZoningDated in Dubuque, Iowa this 1st day of
Advisory Commission of the City of Dubuque,August, 1997.
Iowa.By /s/ Patrick Kennedy
Section 3. This ordinance shall take effectBy /s/ Patricia Kennedy
immediately upon publication, as provided byPublished officially in the Telegraph Herald
law.
newspaper this 8th day of August, 1997.
Passed, approved and adopted this 4th day
1t 8/8Mary A. Davis CMC, City Clerk
of August, 1997.
Council Member Buol moved final
Terrance M. Duggan, Mayor
consideration and passage of the Ordinance.
Attest: Mary A. Davis, City Clerk
Seconded by Council Member Nicholson.
MEMORANDUM OF AGREEMENT
Motion carried 7-0.
Pursuant to the Iowa Code Section 414.5
(1993), and as an express condition of
Proof of publication certified to by the
rezoning of the property described as:
Publisher on Notice of Public Hearing to
Lot 1, Lot 2, and Lot A Cedar Ridge Acres No.
consider reclassifying property located North
2 - Lot 1 of Lot 1 Mineral Lot 216; Lot 2 of Lot
of U.S. Highway 61/151, West of Kerper
2 of Lot 2, of Lot 2, Lot 1 of Lot 2 of Lot 2 of
Blvd., South of Fengler St., and East of the I &
Lot 2 and Lot 1 of Lot 2 of Lot 2 Cedar Ridge
M Railroad from HI to MHI District (Requested
Acres, and to the center line of the adjoining
by City of Dubuque), presented and read.
public right-of-way, all in the City of Dubuque,
Council Member Robbins moved that the proof
Iowa.
be received and filed. Seconded by Council
which is the subject of Ordinance No. 42-97,
Member Nicholson. Motion carried 7-0.
a copy of which is attached hereto and
incorporated herein by reference, the
An Ordinance Amending Zoning Map by
undersigned property owners, agree to thereclassifying above property from HI Heavy
following conditions, all of which the propertyIndustrial District to MHI Modified Heavy
owners further agree are reasonable and areIndustrial District, said Ordinance having been
imposed to satisfy public needs which arepresented and read at the Council Meeting of
caused directly by the rezoning:7-21-97 now presented for further action.
A) Performance Standards
1) That the 12 foot wide private road be(OFFICIAL PUBLICATION)
brought up to a minimum of the private streetORDINANCE NO. 43-97
standards.AN ORDINANCE AMENDING APPENDIX A
B) Reclassification of the Subject Property.(THE ZONING ORDINANCE) OF THE CITY
The City of Dubuque, Iowa may initiate zoningOF DUBUQUE CODE OF ORDINANCES,
reclassification proceedings to the AG
BY RECLASSIFYING HEREINAFTER
Agricultural District (which rezoning will
DESCRIBED PROPERTY LOCATED
include the removal of the performance
NORTH OF U.S. HIGHWAY 61/151, WEST
standards in Section A) if the property owner
OF KERPER BOULEVARD, SOUTH OF
fails to complete any of the conditions or
FENGLER STREET AND EAST OF THE I &
provisions of this Agreement.
M RAILROAD FROM HI HEAVY
C) Modifications. Any modifications of this
INDUSTRIAL DISTRICT TO MHI MODIFIED
Regular Session, August 4, 1997
HEAVY INDUSTRIAL DISTRICT.That the said plans, specifications, form of
NOW, THEREFORE, BE IT ORDAINEDcontract and estimated cost are hereby
BY THE CITY COUNCIL OF THE CITY OFapproved as the plans, specifications, form of
DUBUQUE, IOWA:contract and estimated cost for said
Section 1. That Appendix A (the Zoningimprovements for said project.
Ordinance) of the City of Dubuque Code ofPassed, adopted and approved this 4th day
Ordinances is hereby amended byof August, 1997.
reclassifying the hereinafter describedTerrance M. Duggan, Mayor
property from HI Heavy Industrial District toAttest: Mary A. Davis, City Clerk
MHI Moderate Heavy Industrial District, to wit:Council Member Buol moved adoption of
To include property as shown on Exhibit A andthe Resolution. Seconded by Council Member
to the center line of the adjoining public right-Nicholson. Motion carried 7-0.
of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment hasProof of publication certified to by the
heretofore been reviewed by the ZoningPublisher on Notice to Bidders on Receipt of
Commission of the City of Dubuque, Iowa.Bids for project and City Manager
Section 3. This ordinance shall take effectrecommending to award contract for project,
immediately upon publication, as provided bypresented and read. Council Member Buol
law.moved that the proof and communication be
Passed, approved and adopted this 4th dayreceived and filed. Seconded by Council
of August, 1997.Member Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkRESOLUTION NO. 338-97
Published officially in the Telegraph HeraldAWARDING CONTRACT
newspaper this 8th day of August, 1997.Whereas, sealed proposals have been
1t 8/8Mary A. Davis CMC, City Clerk submitted by contractors for the Boiler
Council Member Robbins moved finalReplacement - Keyline Transit Facility
consideration and passage of the Ordinance.pursuant to Resolution No. 292-97 and notice
Seconded by Council Member Nicholson.to bidders published in a newspaper published
Motion carried 7-0. in the City of Dubuque, Iowa on the 10th day
of July, 1997.
Whereas, said sealed proposals were
Public Hearing to consider $300.00
opened and read on the 24th day of July, 1997
assessments against five establishments for
and it has been determined that the bid of
selling tobacco products to juveniles:
Total Plumbing and Heating Company of
Admirals’ Hi-Hat, Bunker Hill Golf Shop,
Dubuque, Iowa in the amount of $36,200.00
Hartig Drug Co. at 2255 JFK Road; Hooligans
was the lowest bid for the furnishings of all
Sports Bar & Grill and Martin Auto Magic,
labor and materials and performing the work
presented and read. Council Member Krieg
as provided for in the plans and specifications.
moved that the communications be received
NOW THEREFORE, BE IT RESOLVED
and filed and concurred with the
BY THE CITY COUNCIL OF THE CITY OF
recommendations to assess the civil penalties
DUBUQUE, IOWA:
of $300.00 to each establishment. Seconded
That the contract for the above
by Council Member Michalski. Motion carried
improvement be awarded to Total Plumbing
7-0.
and Heating Company and the Manager be
and is hereby directed to execute a contract on
John Meyer, Mgr. of Hartigs on Asbury
behalf of the City of Dubuque for the complete
Square, spoke stating of their compliance with
performance of the work.
all laws.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
Proof of publication certified to by the
the approval of the contractor's bond, the City
Publisher on Notice of Hearing on Plans and
Treasurer is authorized and instructed to
Specifications for Boiler Replacement -
return the bid deposits of the unsuccessful
Keyline Transit Facility, presented and read.
Council Member Buol moved that the proof bebidders.
received and filed. Seconded by CouncilPassed, approved and adopted this 4th day
Member Nicholson. Motion carried 7-0. of August, 1997.
Terrance M. Duggan, Mayor
RESOLUTION NO. 337-97Attest: Mary A. Davis, City Clerk
RESOLUTION ADOPTING PLANSCouncil Member Buol moved adoption of
AND SPECIFICATIONSthe Resolution. Seconded by Council Member
Whereas, on the 2nd day of July, 1997,Nicholson. Motion carried 7-0.
plans, specifications, form of contract and
estimated cost were filed with the City Clerk ofCity Manager advising funding is available
Dubuque, Iowa for the Boiler Replacement -for the reconstruction of the 15th Street Steps
Project and recommending awarding of
Keyline Transit Facility.
contract, presented and read. Council
Whereas, notice of hearing on plans,
Member Michalski moved that the
specifications, form of contract, and estimated
communication be received and filed.
cost was published as required by law.
Seconded by Council Member Voetberg.
NOW THEREFORE, BE IT RESOLVED
Motion carried 7-0.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Regular Session, August 4, 1997
RESOLUTION NO. 339-97on behalf of the City of Dubuque for the
RESOLUTION APPROVING AMENDMENTcomplete performance of the work.
NO. 3 TO THE PROGRAM YEAR 22BE IT FURTHER RESOLVED:
ANNUAL ACTION PLAN FOR USE OFThat upon the signing of said contract and
COMMUNITY DEVELOPMENT BLOCKthe approval of the contractor's bond, the City
GRANT (CDBG) FUNDS.Treasurer is authorized and instructed to
Whereas, the City of Dubuque preparedreturn the bid deposits of the unsuccessful
and filed a Community Development Blockbidders.
Grant 22nd Program Year Annual Action onPassed, approved and adopted this 4th day
May 6, 1996; and of August, 1997.
Whereas, said Plan was amended byTerrance M. Duggan, Mayor
Resolution No. 442-96 on December 2, 1996Attest: Mary A. Davis, City Clerk
and by Resolution 100-97 on March 3, 1997;Council Member Michalski moved adoption
andof the Resolution. Seconded by Council
Whereas, the City of Dubuque now desiresMember Voetberg. Motion carried 7-0.
to further amend said Plan as per the attached
Exhibit A:Tabled from meeting of July 7, 1997:
Whereas, said amendment is aKristin Hartig appealing decision to remove
nonsubstantial amendment as provided in thetrees planted along her property line on
City's Citizen Participation Plan and mustMayfair Court and communication from Kristin
therefore be approved by resolution of the CityHartig requesting her trees be saved,
Council after review by the Communitypresented and read. Council Member Krieg
Development Advisory Commission; andmoved that the trees be removed one at a time
Whereas, the Community Developmentwith the City Engineer advising Council of the
Advisory Commission reviewed the proposedvisibility changes. Seconded by Council
amendments on July 15, 1997, and has votedMember Robbins. Vote on the motion was as
to approve said amendments and tofollows: Yeas—Council Members Krieg,
recommend approval by the City Council.Robbins. Nays—Mayor Duggan, Council
NOW THEREFORE, BE IT RESOLVEDMembers Buol, Michalski, Nicholson,
BY THE CITY COUNCIL OF THE CITY OFVoetberg. MOTION FAILED.
DUBUQUE, IOWA:Then Council Member Nicholson moved
Section 1. That the Communitythat the Ordinance be enforced, authorizing
Development Block Grant 22nd Program Yearthe removal of the trees to the property line
Annual Action Plan Amendment No. 3 heretoand reimburse Mrs. Hartig for the already
attached as Exhibit A is hereby approved.incurred expenses of approx. $300.00.
Section 2. That the City Manager is herebySeconded by Council Member Michalski.
authorized and directed to submit a copy ofMotion carried 7-0.
this resolution to the U. S. Department of
Housing and Urban Development.City Manager submitting an ordinance
Passed, approved and adopted this 4th dayproviding for traffic control at Radford Road
of August, 1997.and Red Violet Drive, presented and read.
Terrance M. Duggan, Mayor Council Member Buol moved that the
Attest: Mary A. Davis, City Clerkcommunication be received and filed.
Council Member Michalski moved adoptionSeconded by Council Member Voetberg.
of the Resolution. Seconded by CouncilMotion carried 7-0.
Member Voetberg. Motion carried 7-0.
An Ordinance Amending Code of
RESOLUTION NO. 340-97Ordinances providing for stop sign on Red
AWARDING CONTRACTViolet Drive at Radford Road, presented and
Whereas, sealed proposals have beenread.
submitted by contractors for the 15th Street(OFFICIAL PUBLICATION)
Steps Reconstruction Project pursuant toORDINANCE NO. 44- 97
Resolution No. 255-97 and notice to biddersAN ORDINANCE AMENDING THE CODE
published in a newspaper published in the CityOF ORDINANCES OF THE CITY OF
of Dubuque, Iowa on the 5th day of June,DUBUQUE, IOWA, BY MODIFYING
1997.SUBSECTION (b) OF SECTION 32-214
Whereas, said sealed proposals wereTHEREOF PROVIDING FOR THE
opened and read on the 26th day of June,ADDITION OF A STOP SIGN AT RED
1997 and it has been determined that the bidVIOLET DRIVE AND RADFORD ROAD.
of Portzen Construction Company, Inc. ofNOW, THEREFORE, BE IT ORDAINED
Dubuque, Iowa in the amount of $149,808.00BY THE CITY COUNCIL OF THE CITY OF
was the lowest bid for the furnishings of allDUBUQUE, IOWA:
labor and materials and performing the workSection 1. That the Code of Ordinances of
as provided for in the plans and specifications.the City of Dubuque, Iowa be amended by
NOW THEREFORE, BE IT RESOLVEDadding Red Violet Drive and Radford Road to
BY THE CITY COUNCIL OF THE CITY OFSubsection (b) of Section 32-214 thereof as
DUBUQUE, IOWA:follows:
That the contract for the above“Sec. 32-214. Stop Intersections.
improvement be awarded to Portzen(b)
Construction Company, Inc. and the Manager*** ** *
be and is hereby directed to execute a contractWestbound
Regular Session, August 4, 1997
Red Violet Drive and Radford Road.”approval of the City of Dubuque, Iowa, upon
Passed, approved and adopted this 4th daysaid final plat, provided the owners of said
of August, 1997.property herein named, execute their written
Terrance M. Duggan, Mayoracceptance hereto attached agreeing:
Attest: Mary A. Davis, City Clerka.To reduce McDonald Drive to grade and to
Published officially in the Telegraph Heraldconstruct concrete curb and gutter and to
hard surface with asphaltic concrete, or
newspaper this 8th day of August, 1997.
with concrete paving with integral curb, all
1t 8/8Mary A. Davis CMC, City Clerk
in accordance with the City of Dubuque
Council Member Buol moved that the
standard specifications, all in a manner
requirement that a proposed Ordinance be
acceptable to the City Engineer, and in
considered and voted on for passage at two
conformance with construction
Council Meetings prior to the meeting at which
improvement plans approved by the City
it is to be finally passed be suspended.
Engineer, and inspected by the City
Seconded by Council Member Voetberg.
Engineer.
Motion carried 7-0. Council Member Buol
b.To install sanitary sewer mains and sewer
moved final consideration and passage of the
service laterals into each individual lot,
Ordinance. Seconded by Council Member
water mains and water service laterals into
Voetberg. Motion carried 7-0.
each individual lot, storm sewers and catch
City Manager recommending approval ofbasins, boulevard street lighting and
plat of Tires Plus Subdivision, presented anderosion control devices all in accordance
read. Council Member Voetberg moved thatwith the City of Dubuque standard
the communication be received and filed.specifications, all in a manner acceptable
Seconded by Council Member Buol. Motionto the City Engineer, and in accordance
carried 7-0. with construction improvement plans
approved by the City Engineer, and
RESOLUTION NO. 341-97inspected by the City Engineer.
A RESOLUTION APPROVING THE FINALc.To construct said improvements, prior to
PLAT OF LOTS 1, 2, AND A OF TIREStwo (2) years from the date of acceptance
PLUS FIRST SUBDIVISION IN THE CITYof this resolution, at the sole expense of the
OF DUBUQUE, IOWA.owners, or future owners;
d.To maintain the public improvements, for a
Whereas, there has been filed with the City
period of two (2) years from the date of the
Clerk a final plat of Lots 1, 2, and A of Tires
acceptance of those improvements by the
Plus First Subdivision in the City of Dubuque,
City of Dubuque, Iowa, at the sole expense
Iowa; and
of the owners, or future owners;
Whereas, upon said final plat appears a
And further provided that said John Ward,
street to be known as McDonald Drive (Lot A),
as owner of said property, or assigns shall
together with certain public utility and sewer
secure the performance of the foregoing
easements which the owners by said final plat
conditions provided in this Section by
have dedicated to the public forever; and
providing guarantees in such form and with
Whereas, the preliminary plat has been
such sureties as may be acceptable to the City
examined by the Zoning Advisory Commission
Manager of the City of Dubuque, Iowa.
and had its approval endorsed thereon; and
Section 3. Sidewalk installation shall be the
Whereas, said final plat has been reviewed
responsibility of the owner of the property
by the City Planner and had her approval
abutting the public right-of-way, as required by
endorsed thereon, subject to the owners
City Code 41-161 through 41-164. The
agreeing to the conditions noted in Section 2
responsibility shall extend to all successors,
below; and
heirs and assignees. Sidewalk installation will
Whereas, said final plat has been
not be required until the development of the lot
examined by the City Council and they find
has been completed, except as required
that it conforms to the statutes and ordinances
herein. In sparsely developed subdivisions,
relating to it, except that no streets or public
sidewalks on developed lots will not be
utilities have yet been constructed or installed;
andrequired until 50% of the lots approved by the
Whereas, the City Council concurs in theplat have been developed. All vacant lots shall
conditions of approval established by thehave sidewalks installed upon development of
Zoning Advisory Commission and the City80% of the lots approved by the plat.
Planner.Section 4.That storm water detention
NOW, THEREFORE, BE IT RESOLVEDfacilities shall be a requirement of each site
BY THE CITY COUNCIL OF THE CITY OFplan submitted to the City for the development
DUBUQUE, IOWA:by the owners of said lots, which responsibility
Section 1. That the dedication offor construction and maintenance shall be that
McDonald Drive (Lot A), together with theof the owners of said lots and extend to all
easements for public utilities, sanitary sewer,successors, heirs, and assigns. The sizing of
the detention facilities shall, in addition to
storm sewer and water mains as they appear
detaining the site water, also incorporate and
upon said final plat, be and the same are
detain the impervious area of the abutting
hereby accepted; and
McDonald Drive.
Section 2. That the plat of Lots 1, 2 and A
Storm water detention facilities shall be
of Tires Plus First Subdivision is hereby
designed by a registered civil engineer and
approved and the Mayor and City Clerk are
shall be designed to detain the 2, 10 and 100
hereby authorized and directed to endorse the
Regular Session, August 4, 1997
year storm recurrence intervals to thePUBLIC STAIRS BETWEEN W. 3RD
predeveloped condition of each lot.STREET AND FENELON PLACE
Section 5. That the final acceptance of allWhereas, there has been presented to the
public improvements shall occur uponCity Council of the City of Dubuque, Iowa, a
certification of the City Engineer to the Cityplat dated June 9, 1997, prepared by IIW
Council that all public improvements haveEngineers and Surveyors, P.C., describing the
been completed in accordance with theproposed vacated alley and public stairs
improvement plans and City standardbetween W. 3rd Street and Fenelon Place;
specifications and accepted by City Counciland
Resolution.Whereas, said plat conforms to the laws
Section 6. That in the event John Ward orand statutes pertaining thereto.
assigns shall fail to execute the acceptanceNOW THEREFORE, BE IT RESOLVED
and furnish the guarantees provided in SectionBY THE CITY COUNCIL OF THE CITY OF
2 hereof within 180 days after the date of thisDUBUQUE, IOWA:
Resolution, the provisions hereof shall be nullSection 1.That the plat dated June 9,
and void and the acceptance of the dedication1997, prepared by IIW Engineers and
and approval the plat shall not be effective.Surveyors, P.C., relative to the real estate
Passed, approved and adopted this 4th dayhereinabove described be and the same is
of August, 1997.hereby approved, and the Mayor and City
Terrance M. Duggan, MayorClerk be and they are hereby authorized and
ATTEST: Mary A. Davis, City Clerkdirected to execute said plat for and on behalf
ACCEPTANCE OFof the City of Dubuque, Iowa.
RESOLUTION NO. 341-97Section 2.That the City Clerk be and is
We, the undersigned, John Ward, ashereby authorized and directed to file said plat
property owner, and Donald Gullett,and certified copy of this resolution in the
representing Team Tires Plus, Ltd., havingoffice of the Recorder, in and for Dubuque
read the terms and conditions of theCounty, Iowa.
Resolution No. 341-97 and being familiar withPassed, approved and adopted this 4th day
the conditions thereof, hereby accept thisof August, 1997.
same and agree to the conditions requiredTerrance M. Duggan, Mayor
therein.Attest: Mary A. Davis, City Clerk
Dated in Dubuque, Iowa this 26th day ofCouncil Member Voetberg moved adoption
August, 1997.of the Resolution. Seconded by Council
By /s/ John WardMember Nicholson. Motion carried 7-0.
By /s/ Donald Gullett
Executive Vice President,An Ordinance Vacating alley and public
Team Tires Plus, Ltd.stairway between W. 3rd St. and Fenelon
To: Mary A. Davis, City ClerkPlace, presented and read. Council Member
This is to certify that all necessary requiredVoetberg moved that the requirement that a
security for above Resolution No. 341-97 hasproposed Ordinance be considered and voted
been properly filled.on for passage at two Council Meetings prior
Dated at Dubuque, Iowa this 27th day ofto the meeting at which it is to be finally
August, 1997.passed be suspended. Seconded by Council
Michael C. Van MilligenMember Nicholson. Motion carried 7-0.
City ManagerCouncil Member Voetberg moved that a Public
Council Member Voetberg moved adoptionHearing be held on the proposed Ordinance
of the Resolution. Seconded by Councilon the 18th day of August, 1997 at 7:00 p.m.
Member Buol. Motion carried 7-0. in the Public Library Auditorium and that the
City Clerk publish notice in the manner
City Manager recommending stricterprescribed by law. Seconded by Council
enforcement policy and related Housing CodeMember Nicholson. Motion carried 7-0.
amendment, however, requesting Council set
a work session to review recommendation,RESOLUTION NO. 343-97
presented and read. Council MemberRESOLUTION DISPOSING OF CITY
Michalski moved that the communication beINTEREST IN LOT 41B AND LOT 41C OF
received and filed and approvedPROSPECT HILL, LOT 2A OF FENELON
recommendation with Staff to contact CouncilPLACE, AND LOT 4A OF CITY LOT 692
Members to set a Work Session. SecondedWhereas, Paul and Ronda Kirkegaard,
by Council Member Nicholson. MotionJohn Deere Dubuque Works of John Deere
carried 7-0. Industrial Equipment Company, a Delaware
Corporation (Deere), Anne Cunningham and
City Manager recommending to vacate aSteve and Amy Schadle, have requested the
portion of alley between 3rd St. & Fenelonvacating of an alley and public stairway
Place, presented and read. Council Memberbetween W. 3rd Street and Fenelon Place;
Voetberg moved that the communication beand
received and filed. Seconded by CouncilWhereas, IIW Engineers and Surveyors,
Member Nicholson. Motion carried 7-0. P.C. have prepared and submitted to the City
Council a plat showing the vacated portion of
RESOLUTION NO. 342-97the alley and public stairway between W. 3rd
RESOLUTION APPROVING PLAT OFStreet and Fenelon Place and assigned lot
PROPOSED VACATED ALLEY ANDnumbers thereto, which hereinafter shall be
Regular Session, August 4, 1997
known and described as Lot 41B and Lot 41Cprescribed by law. Seconded by Council
of Prospect Hill, Lot 2A of Fenelon Place, andMember Buol. Motion carried 7-0.
Lot 4A of City Lot 692 in the City of Dubuque,
Iowa; andRESOLUTION NO. 344-97
Whereas, the City Council of the City ofRESOLUTION DISPOSING OF CITY
Dubuque, Iowa has determined that thisINTEREST IN A VACATED PORTION OF
stairway between W. 3rd Street and FenelonKIRKWOOD STREET, FORMERLY UNION
Place is no longer required for public use, andAVENUE AND A PORTION OF VACATED
vacating and sale of said portions of alleys andBELLEVUE STREET, DUBUQUE, IOWA
stairway known as Lot 41B and Lot 41C ofWhereas, the Earl A. Ehrlich Estate has
Prospect Hill, Lot 2A of Fenelon Place, andrequested the vacation of a portion of
Lot 4A of City Lot 692 in the City of Dubuque,Kirkwood Street formerly Union Avenue; and
Dubuque County, Iowa should be approved.Whereas, Carl F. Bartels prepared a plat in
NOW THEREFORE, BE IT RESOLVED1949 showing what had been assumed as the
BY THE CITY COUNCIL OF THE CITY OFvacated portion of Union Avenue and the
DUBUQUE, IOWA:vacated portion of Bellevue Street; and
Section 1.That the City of DubuqueWhereas, the City Council of the City of
intends to dispose of its interest in Lot 41BDubuque, Iowa has determined that these
and Lot 41C of Prospect Hill, Lot 2A ofportions of vacated Kirkwood Street and
Fenelon Place, and Lot 4A of City Lot 692 invacated Bellevue Street are no longer required
the City of Dubuque, Iowa, as follows:for public use, and the sale of said portions of
Lot 41B of Prospect Hill to John Deerestreets in the city of Dubuque, Dubuque
Dubuque Works of John Deere IndustrialCounty, Iowa should be approved.
Equipment Company, a DelawareNOW, THEREFORE, BE IT RESOLVED
Corporation (Deere)BY THE CITY COUNCIL OF THE CITY OF
Lot 2A of Fenelon Point Subdivision toDUBUQUE, IOWA:
Anne CunninghamSection 1.That the City of Dubuque
Lot 41C of Prospect Hill and Lot 4A of Cityintends to dispose of its interest in a portion of
Lot 692 to Paul and Ronda Kirkegaardvacated Kirkwood Street and vacated Bellevue
Section 2.The City of Dubuque reservesStreet in the City of Dubuque, Iowa.
unto itself a perpetual easement including theSection 2.That the conveyance of the
right of ingress and egress thereto, for theportions of Kirkwood Street abutting Lot 85 of
purpose of erecting, installing, construction,Wood’s Addition in the City of Dubuque,
reconstructing, repairing, owning, operating,Dubuque County, Iowa lying between the
and maintaining water sewer, drainage, gas,original northerly right-of-way line of Union
telephone, t.v. cable, and electric lines as mayAvenue and the northerly right-of-way line of
be authorized by the City of Dubuque, Iowa.Kirkwood Street as presently used and one-
Section 3.That the City Clerk be and ishalf of vacated Bellevue Street abutting Lot 85
hereby authorized and directed to cause andof Wood’s Addition in the City of Dubuque, all
notice of intent to dispose of said real estate inas shown in a plat prepared by Carl F. Bartels
the manner as prescribed by law.on March 12, 1949 and recorded in the Book
Passed, approved and adopted this 4th dayof Plats 18, page 159 in the office of the
of August, 1997.Dubuque County Recorder, to the Earl A.
Terrance M. Duggan, MayorEhrlich Estate be and the same is hereby
Attest: Mary A. Davis, City Clerkapproved for the sum of $1.00 plus the cost of
Council Member Voetberg moved adoptionpublication, platting and filing fees;
of the Resolution. Seconded by Councilconveyance shall be by Quit Claim Deed.
Member Nicholson. Motion carried 7-0. Section 3.that the city Clerk be and is
hereby authorized and directed to cause and
City Manager recommending vacatingnotice of intent to dispose of said real estate in
portion of Kirkwood Street formerly known asthe manner as prescribed by law.
Union Ave., presented and read. CouncilPassed, approved and adopted this 4th day
Member Voetberg moved that theof August, 1997.
communication be received and filed.Terrance M. Duggan, Mayor
Seconded by Council Member Buol. MotionAttest: Mary A. Davis, City Clerk
carried 7-0. Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
An Ordinance Vacating a portion ofMember Buol. Motion carried 7-0.
Kirkwood St. formerly known as Union
Avenue, presented and read. Council MemberThere being no further business, Council
Voetberg moved that the requirement that aMember Michalski moved to adjourn.
proposed Ordinance be considered and votedSeconded by Council Member Buol. The
on for passage at two Council Meetings priormeeting adjourned at 8:18 p.m.
to the meeting at which it is to be finally
passed be suspended. Seconded by Council
Member Buol. Motion carried 7-0. CouncilMary A. Davis CMC
Member Voetberg moved that a PublicCity Clerk
Hearing be held on the proposed Ordinance
on the 18th day of August, 1997 at 7:00 p.m.
in the Public Library Auditorium and direct theApproved , 1997
City Clerk to publish notice in the manner
Regular Session, August 4, 1997
Adopted , 1997
Mayor
Council Members
Attest:
City Clerk
Special Session, August 18, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Monday,
August 18, 1997.
Council Met at 5:30 Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg.
City Manager submitted the results of the
Public Input Process for the Town Clock
Plaza, provided recommendations for Council
and recommended to set the matter for public
hearing on September 15, 1997.
Council Member Krieg moved to set this
matter, specifically Alternate F, for public
hearing on September 15, 1997 at 7:00 p.m.
and direct the City Clerk to publish proper
notice. Seconded by Council Member
Robbins. Motion carried 7-0.
There being no further business, Council
Member Robbins moved to adjourn the
meeting. Seconded by Council Member
Michalski. Motion carried 7-0. The meeting
adjourned at 6:28 p.m.
Karen M. Chesterman
Deputy City Clerk
Approved , 1997
Adopted , 1997
Mayor
Council Members
Attest:
City Clerk
Regular Session, August 18, 1997
Douglas in amount of $412.64 for vehicle
DUBUQUE
damages; Ernest and Jane Gutierrez in
unknown amount for personal injuries; Kay
Manternach in unknown amount for property
CITY COUNCIL
damages; Michael VanderMillen in amount of
$185.00 for property damages, presented and
read. Council Member Voetberg moved that
OFFICIAL
the claims and suits be referred to the Legal
PROCEEDINGS
Staff for investigation and report. Seconded
by Council Member Buol. Motion carried 7-0.
City Council, Regular Session, August 18,
1997.
Corporation Counsel advising following
Council Met at 7:00 p.m., Public Library
claims have been referred to Crawford &
Auditorium.
Company, the agent for the Iowa Communities
Present: Mayor Duggan, Council Members
Assurance Pool: Libel damage of John Cotter,
Buol, Krieg, Michalski, Nicholson, Robbins,
Property damage of Hillcrest Family Services;
Voetberg, City Manager Michael Van Milligen,
Personal injury of Valerie Mueller; Property
Corporation Counsel Barry A. Lindahl.
damage of Larry C. Wolff, presented and
read. Council Member Voetberg moved that
Mayor Duggan read the call and stated this
the communications be received and filed.
is the Regular Session of the City Council
Seconded by Council Member Buol. Motion
called for the purpose to act upon such
carried 7-0.
business which may properly come before the
Council.
Corporation Counsel recommending
settlement of vehicle damage claim of Paul
Invocation was given by Rev. James
Schmitt in amount of $351.55, presented and
Dotson, Pastor of Grandview United Methodist
read. Council Member Voetberg moved that
Church.
the communication be received and filed and
request approved and Finance Director to
Minutes Submitted: Dubuque Regional
issue check.. Seconded by Council Member
Airport of 6-17; Electrical Code Board of 8-4;
Buol. Motion carried 7-0.
Environmental Stewardship Advisory
Commission of 8-5; Historic Preservation
Corporation Counsel advising car damage
Commission of 6-26 & 7-24; Long Range
claim of Carroll Clark is administratively closed
Planning Commission of 7-30; Zoning
and personal injury claim of Jo Ellen Reed has
Advisory Commission of 8-6, presented and
been referred to DRA’s insurance carrier,
read. Council Member Voetberg moved that
presented and read. Council Member
the minutes be received and filed. Seconded
Voetberg moved that the communications be
by Council Member Buol. Motion carried 7-0.
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of Publication on publishing Council
Operation: New View expressing “Thanks”
Proceedings for meeting of 7-21, presented
for previous funding assistance, presented
and read. Council Member Voetberg moved
and read. Council Member Voetberg moved
that the communication be received and filed.
that the communication be received and filed.
Seconded by Council Member Buol. Motion
Seconded by Council Member Buol. Motion
carried 7-0.
carried 7-0.
Printed Council proceedings for months of
Kristen Hartig expressing “Thanks” for
January, February and March, 1997 presented
consideration given her regarding the situation
for Council approval, presented and read.
on Mayfair Ct., presented and read. Council
Council Member Voetberg moved that the
Member Voetberg moved that the
proceedings be approved as printed.
communication be received and filed.
Seconded by Council Member Buol. Motion
Seconded by Council Member Buol. Motion
carried 7-0.
carried 7-0.
Finance Director submitting Financial
James Noonan submitting his resignation
reports for month of July, 1997, presented and
from Dubuque Human Rights Commission,
read. Council Member Voetberg moved that
presented and read. Council Member
the reports be received and filed. Seconded
Voetberg moved that the communication be
by Council Member Buol. Motion carried 7-0.
received and filed and resignation accepted
with regret. Seconded by Council Member
Buol. Motion carried 7-0.
Investment Oversight Commission
submitting their 18th quarterly report,
REFUNDS REQUESTED — Murphs
presented and read. Council Member
South End Tap, $633.75 on unexpired Liquor
Voetberg moved that the report be received
License, presented and read. Council
and filed. Seconded by Council Member Buol.
Member Voetberg moved that the refunds be
Motion carried 7-0.
approved and Finance Director to issue proper
check. Seconded by Council Member Buol.
NOTICES OF CLAIMS/SUITS — Mark
Special Session, August 18, 1997
Motion carried 7-0. construction improvement plans approved
by the City Engineer, and inspected by the
Long Range Planning AdvisoryCity Engineer.
Commission requesting to review and providec.To construct said improvements, prior to
recommendations on selected floodwall muraltwo (2) years from the date of acceptance
design prior to Council final approval,of this resolution, at the sole expense of the
presented and read. Council Memberowners, or future owners;
Voetberg moved that the communication beAnd further provided that said Gary and Karen
received and filed and request approved.Newt, as owners of said property, shall secure
Seconded by Council Member Buol. Motionthe performance of the foregoing conditions
carried 7-0. provided in this Section by providing
guarantees in such form and with such
Zoning Advisory Commission advising ofsureties as may be acceptable to the City
their approval of final plat for portion of Old MillManager of the City of Dubuque, Iowa.
Subdivision, presented and read. CouncilSection 3. Sidewalk installation shall be the
Member Voetberg moved that theresponsibility of the owner of the property
communication be received and filed.abutting the public right-of-way, as required by
Seconded by Council Member Buol. MotionCity Code 41-161 through 41-164. The
carried 7-0. responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will
RESOLUTION NO. 345-97not be required until the development of the lot
A RESOLUTION APPROVING THE FINALhas been completed, except as required
PLAT OF LOTS 1 THROUGH 6,herein. In sparsely developed subdivisions,
INCLUSIVE, AND LOT A OF OLD MILLsidewalks on developed lots will not be
SUBDIVISION, IN THE CITY OF DUBUQUE,required until 50% of the lots approved by the
IOWA.plat have been developed. All vacant lots shall
Whereas, there has been filed with the Cityhave sidewalks installed upon development of
Clerk a final plat of Lots 1 through 6, inclusive,80% of the lots approved by the plat.
and Lot A of Old Mill Subdivision, in the City ofSection 4. That in the event Gary and
Dubuque, Iowa; andKaren Newt shall fail to execute the
Whereas, upon said final plat appears aacceptance and furnish the guarantees
street to be known as Manson Road, whichprovided in Section 2 hereof within 180 days
the owners by said final plat have dedicated toafter the date of this Resolution, the provisions
the public forever; andhereof shall be null and void and the
Whereas, the final plat has been examinedacceptance of the dedication and approval the
by the Zoning Advisory Commission and hadplat shall not be effective.
its approval endorsed thereon; andPassed, approved and adopted this 18th
Whereas, said final plat has beenday of August, 1997.
examined by the City Council and they findTerrance M. Duggan, Mayor
that it conforms to the statutes and ordinancesATTEST: Karen M. Chesterman
relating to it; andDeputy City Clerk
Whereas, the City Council concurs in theACCEPTANCE OF
conditions of approval established by theRESOLUTION NO. 345-97
Zoning Advisory Commission and the CityWe, the undersigned, Gary and Karen
Planner.Newt, having read the terms and conditions of
NOW, THEREFORE, BE IT RESOLVEDthe Resolution No. 345-97 and being familiar
BY THE CITY COUNCIL OF THE CITY OFwith the conditions thereof, hereby accept this
DUBUQUE, IOWA:same and agree to the conditions required
Section 1. That the dedication of additionaltherein.
right-of-way for Manson Road (Lot A), be andDated in Dubuque, Iowa this 25th day of
the same is hereby accepted; andSeptember, 1997.
Section 2. That the plat of Lots 1 throughBy /s/ Gary Newt
6, inclusive, and Lot A of Old Mill SubdivisionBy /s/ Karen Newt
is hereby approved and the Mayor and CityCouncil Member Voetberg moved adoption
Clerk are hereby authorized and directed toof the Resolution. Seconded by Council
endorse the approval of the City of Dubuque,Member Buol. Motion carried 7-0.
Iowa, upon said final plat, provided the owners
of said property herein named, execute theirZoning Advisory Commission advising of
written acceptance hereto attached agreeing:their approval of a time extension for Planned
a.To reduce Manson Road right-of-way (LotUnit Development as requested by University
A) to grade in accordance with the City ofof Dubuque for property located on Highway
Dubuque standard specifications, all in a20 near Devon Drive, presented and read.
manner acceptable to the City Engineer.Council Member Voetberg moved that the
b.To install sanitary sewer service lateralscommunication be received and filed.
into each individual lot, and water serviceSeconded by Council Member Buol. Motion
laterals into each individual lot, stormcarried 7-0.
sewers and catch basins, and erosion
control devices all in accordance with theZoning Advisory Commission advising of
City of Dubuque standard specifications, alltheir approval of survey plat of portion of South
in a manner acceptable to the CityPark Hill Subdivision, presented and read.
Engineer, and in accordance withCouncil Member Voetberg moved that the
Regular Session, August 18, 1997
communication be received and filed.the communication be received and filed.
Seconded by Council Member Buol. MotionSeconded by Council Member Buol. Motion
carried 7-0. carried 7-0.
RESOLUTION NO. 346-97Leo and Ann Kringle expressing concerns
RESOLUTION APPROVING THE SURVEYregarding property owned by the City and
PLAT OF LOTS 1 AND 2 OF MILLERlocated at 1353 Bluff Street, presented and
HOMESTEAD, A DIVISION OF LOTS 36,read. Council Member Voetberg moved that
36A AND 37 OF SOUTH PARK HILLthe communication be received and filed.
SUBDIVISION, IN THE CITY OF DUBUQUE,Seconded by Council Member Buol. Motion
IOWA.carried 7-0.
Whereas, there has been filed with the City
Clerk a survey plat of Lots 1 and 2 of MillerCity Manager recommending approval for
Homestead, a division of Lots 36, 36A and 37Police Department’s participation in a
of South Park Hill Subdivision, in the City ofDomestic Violence Grant awarded to the
Dubuque, Iowa ; andDubuque County Attorney’s Office, presented
Whereas, said plat provides only 3,920and read. Council Member Voetberg moved
square feet of lot area for Lot 1, where 6,000that the communication be received and filed
feet is required by Section 3-1.1(F) of theand approved recommendation. Seconded by
Zoning Ordinance; andCouncil Member Buol. Motion carried 7-0.
Whereas, said plat has been examined by
the Zoning Advisory Commission and has itsCity Manager submitting information on
approval endorsed thereon; and results of a cable franchise court case,
Whereas, said plat has been examined bypresented and read. Council Member
the City Council and they find that it conformsVoetberg moved that the communication be
to the statutes and ordinances relating thereto.received and filed. Seconded by Council
NOW THEREFORE, BE IT RESOLVEDMember Buol. Motion carried 7-0.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:City Manager recommending to award
Section 1.That Section 3-1.1(F) of thecontract for City Government Inter-Facility
Zoning Ordinance is waived to allow Lot 1 toFiber Optic Communication Network - Phase
have 3,920 square feet of lot area, where1 - Construction/Installation of Buried Ducts
6,000 square feet of lot area is required.with Innerducts, presented and read. Council
Section 2.That the Survey Plat of Lots 1Member Voetberg moved that the
and 2 of Miller Homestead, a division of Lotscommunication be received and filed.
36, 36A and 37 of South Park Hill Subdivision,Seconded by Council Member Buol. Motion
in the City of Dubuque, Iowa, is herebycarried 7-0.
approved and the Mayor and City Clerk are
hereby authorized and directed to endorse theRESOLUTION NO. 347-97
approval of the City of Dubuque, Iowa, uponRESOLUTION ADOPTING PLANS
said final plat.AND SPECIFICATIONS
Section 3.That in the event the ownersWhereas, on the 19th day of May, 1997,
shall fail to execute the acceptance within 180plans, specifications, form of contract and
days after the date of this resolution, theestimated cost were filed with the City Clerk of
provisions hereof shall be null and void andDubuque, Iowa for the City Government Inter-
the acceptance and approval of the plat shallFacility Fiber Optic Communication Network -
not be effective.Phase 1 - Construction/Installation of Buried
Passed, approved and adopted this 18thDucts with Innerducts.
day of August, 1997.Whereas, notice of hearing on plans,
Terrance M. Duggan, Mayorspecifications, form of contract, and estimated
Attest: Karen M. Chesterman,cost was published as required by law.
Deputy City ClerkNOW THEREFORE, BE IT RESOLVED
ACCEPTANCE OFBY THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 346-97DUBUQUE, IOWA:
I, the undersigned, Jenanne L. Miller,That the said plans, specifications, form of
having read the terms and conditions of thecontract and estimated cost are hereby
Resolution No. 346-97 and being familiar withapproved as the plans, specifications, form of
the conditions thereof, hereby accept thiscontract and estimated cost for said
same and agree to the conditions requiredimprovements for said project.
therein.Passed, adopted and approved this 18th
Dated in Dubuque, Iowa this 21st day ofday of August, 1997.
August, 1997.Terrance M. Duggan, Mayor
By /s/ Jenanne L. MillerAttest: Karen M. Chesterman,
Council Member Voetberg moved adoptionDeputy City Clerk
of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption
Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Sarah Thier expressing “Thanks” for the
opportunity to work as an intern in the CityRESOLUTION NO. 348-97
Attorneys’ offices this summer, presented andAWARDING CONTRACT
read. Council Member Voetberg moved thatWhereas, sealed proposals have been
Special Session, August 18, 1997
submitted by contractors for the CityCouncil Member Voetberg moved adoption
Government Inter-Facility Fiber Opticof the Resolution. Seconded by Council
Communications Network Phase I -Member Buol. Motion carried 7-0.
Construction of Buried Ducts with Innerducts
pursuant to Resolution No. 231-97 and noticeRESOLUTION NO.350-97
to bidders published in a newspaper publishedWhereas, applications for Liquor Licenses
in the City of Dubuque, Iowa on the 16th dayhave been submitted to this Council for
of June, 1997.approval and the same have been examined
Whereas, said sealed proposals wereand approved; and
opened and read on the 27th day of June, Whereas, the premises to be occupied by
1997 and it has been determined that the bidsuch applicants were inspected and found to
of Voelkens Excavating of Dyersville, Iowa incomply with the State Laws and all City
the amount of $59,291.00 was the lowest bidOrdinances relevant thereto and they have
for the furnishings of all labor and materialsfiled proper bonds.
and performing the work as provided for in theNOW, THEREFORE, BE IT RESOLVED
plans and specifications.BY THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OFThat the Manager be authorized to cause to
DUBUQUE, IOWA:be issued the following named applicants a
That the contract for the aboveLiquor License.
improvement be awarded to VoelkensCLASS ‘C’ (COMMERCIAL) BEER
Excavating and the Manager be and is hereby& LIQUOR LICENSE
directed to execute a contract on behalf of theWayne KramerThe Clubhouse
City of Dubuque for the complete performance +(Sunday Sale)2364 Washington
of the work.David H. Erickson Lucky “13"
BE IT FURTHER RESOLVED: +(Sunday Sale)385 E 13th St
That upon the signing of said contract andKing of Clubs,Inc. Freddy’s King of Clubs
the approval of the contractor's bond, the City+(Sunday Sale)1902 Central Ave
Treasurer is authorized and instructed toClarke College Clarke College
return the bid deposits of the unsuccessful +(Sunday Sale)1550 Clarke Dr
bidders.Passed, approved and adopted this 18th
Passed, approved and adopted this 18thday of August, 1997.
day of August, 1997.Terrance M. Duggan, Mayor
Terrance M. Duggan, MayorAttest: Karen M. Chesterman
Attest: Karen M. ChestermanDeputy City Clerk
Deputy City ClerkCouncil Member Voetberg moved adoption
Council Member Voetberg moved adoptionof the Resolution. Seconded by Council
of the Resolution. Seconded by CouncilMember Buol. Motion carried 7-0.
Member Buol. Motion carried 7-0.
BOARDS AND COMMISSIONS:
RESOLUTION NO. 349-97Individuals interested in serving on the
Whereas, applications for Beer Permitsfollowing Boards and Commissions were
have been submitted and filed to this Councilencouraged to address the Council to express
for approval and the same have beentheir desire to serve.
examined and approved; and HISTORIC PRESERVATION COMMISSION:
Whereas, the premises to be occupied byApplicants - Duaine Greenfield, James A.
such applicants were inspected and found toLeitner and Dan Plisek. No one spoke.
comply with the Ordinances of this City andTRANSIT BOARD:
have filed proper bonds.Applicant - Harry J. Bemis. No one spoke.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFAPPOINTMENTS TO THE FOLLOWING
DUBUQUE, IOWA:COMMISSIONS:
That the Manager be authorized to cause toCIVIC CENTER COMMISSION:
be issued the following named applicants aAppointments: Applicants - Linda Duehr
Beer Permit.and Steve Sesterhenn. Mayor Duggan voted
CLASS ‘C’ BEER PERMITSfor Sesterhenn. Council Member Buol voted
Oky Doky # 21Oky Doky # 21 LLCfor Duehr. Council Member Krieg voted for
+( Sunday Sales)2010 KerperDuehr. Council Member Michalski voted for
Mulgrew Oil CompanyDuehr. Council Member Nicholson voted for
AMOCO Foodshop1450 Loras Blvd. Duehr. Council Member Robbins voted for
CLASS ‘BE’ BEER PERMITSDuehr. Council Member Voetberg voted for
LeeAnn & David Enterprises Inc.Sesterhenn. Therefore Linda Duehr was
D & L Drive-Thru + (Sunday Sales)appointed to a three year term on the Civic
1090 White StCenter Commission which will expire 6-29-
TFM Co.Oky Doky # 12000.
+(Sunday Sales)250 W 1st St
Passed, approved and adopted this 18thHOUSING COMMISSION: Applicants —
day August, 1997.Dorothy Culbertson, Josie Germaine, Julita
Terrance M. Duggan, MayorKoch-Felton, Jim Holz and Thomas Swift, II.
Attest: Karen M. ChestermanMayor Duggan voted for Culbertson,
Deputy City ClerkGermaine and Holz. Council Member Buol
Regular Session, August 18, 1997
voted for Culbertson, Germaine, and Holz.Dubuque County, Iowa should be approved.
Council Member Krieg voted for Culbertson,NOW, THEREFORE, BE IT ORDAINED
Holz and Swift. Council Member MichalskiBY THE CITY COUNCIL OF THE CITY OF
voted for Culbertson, Germaine and Holz.DUBUQUE, IOWA:
Council Member Nicholson voted forSection 1. That the real estate described
Culbertson, Holz and Swift. Council Memberas Lot 41B and Lot 41C of Prospect Hill, Lot
Robbins voted for Culbertson, Holz, and Swift.2A of Fenelon Point, and Lot 4A of City Lot
Council Member Voetberg voted for692 in the City of Dubuque, Iowa be and the
Culbertson, Germaine and Holz. Therefore,same is hereby vacated.
Dorothy A. Culbertson and Jim Holz wereSection 2. The City of Dubuque reserves
reappointed and Josie Germaine wasunto itself a perpetual easement including the
appointed to three year terms to expire 8-17-right of ingress and egress thereto, for the
2000. purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating,
Council Member Voetberg moved that theand maintaining water, sewer, drainage, gas,
rules be suspended to allow anyone present totelephone, t.v. cable, and electric lines as may
address the Council if they so desire.be authorized by the City of Dubuque, Iowa.
Seconded by Council Member Robbins.Passed, approved and adopted this 18th
Motion carried 7-0. day of August, 1997.
Terrance M. Duggan, Mayor
Proof of publication certified to by theAttest: Karen M. Chesterman
publisher on Notice of Public Hearing toDeputy City Clerk
consider vacating an alley and public stairwayPublished officially in the Telegraph Herald
between W. 3rd Street and Fenelon Place andnewspaper this 22nd day of August, 1997.
disposing of property and City ManagerKaren M. Chesterman, Deputy City Clerk
recommending abandonment of West Third1t 8/22
Street Steps and vacating of property betweenCouncil Member Voetberg moved final
Fenelon and West Third Street, presented andconsideration and passage of the Ordinance.
read. Council Member Voetberg moved thatSeconded by Council Member Buol. Motion
the proof and communication be received andcarried 7-0.
filed. Seconded by Council Member Buol.
Motion carried 7-0.
RESOLUTION NO. 351-97
Whereas, pursuant to resolution and
An Ordinance Vacating an alley and public
published notice of time and place of hearing,
stairway between W. 3rd Street and Fenelon
published in the Telegraph Herald, a
Place, said Ordinance having been presented
newspaper of general circulation published in
and read at the Council Meeting of 8-4-97,
the City of Dubuque, Iowa on 8th day of
now presented for further action.
August, 1997, the City Council of the City of
Dubuque, Iowa met on the 18th day of August,
(OFFICIAL PUBLICATION)
1997, at 7:30 p.m. in the Public Library
ORDINANCE NO. 45-97
Auditorium, 11th and Locust, Dubuque,
ORDINANCE VACATING AN ALLEY AND
Dubuque County, Iowa to consider the
PUBLIC STAIRWAY BETWEEN W. 3RD
proposal for the sale of real estate as:
STREET AND FENELON PLACE
Lot 41B of Prospect Hill to John Deere
Whereas, Paul and Ronda Kirkegaard,
Dubuque works of John Deere Industrial
John Deere Dubuque Works of John Deere
Equipment Company, a Delaware
Industrial Equipment Company, a Delaware
corporation (Deere)
Corporation (Deere), Ann Cunningham, and
Lot 2A of Fenelon Point Subdivision to Ann
Steve and Amy Schadle have requested the
Cunningham
vacating of an alley and public stairway
Lot 41C of Prospect Hill and Lot 4A of City
between W. 3rd Street and Fenelon Place;
Lot 692 to Paul and Ronda Kirkegaard; and
and
Whereas, the City Council of the City of
Whereas, IIW Engineers and Surveyors,
Dubuque, Iowa overruled any and all
P.C. have prepared and submitted to the Cityobjections, oral or written to the proposal to
Council a plat showing the vacated alley anddispose of interest in the City of Dubuque,
public stairway between W. 3rd Street andIowa, in the hereinabove described real estate.
Fenelon Place and assigned lot numbersNOW, THEREFORE, BE IT RESOLVED
thereto, which hereinafter shall be known andBY THE CITY COUNCIL OF THE CITY OF
described as Lot 41B and Lot 41C of ProspectDUBUQUE, IOWA:
Hill, Lot 2A of Fenelon Point, and Lot 4A ofSection 1. That the disposal of the interest
City Lot 692 in the City of Dubuque, Dubuqueof the City of Dubuque, Dubuque County,
County, Iowa; andIowa in real property described as Lot 41B of
Whereas, the City Council of the City ofProspect Hill to John Deere Dubuque Works
Dubuque, Iowa has determined that the alleyof John Deere Industrial Equipment Company,
and public stairway between W. 3rd Street
a Delaware Corporation (Deere), Lot 2A of
and Fenelon Place is no longer required for
Fenelon Point Subdivision to Ann
public use, and vacating of an alley and public
Cunningham, Lot 41C of Prospect Hill and Lot
stairway between W. 3rd Street and Fenelon
4A of City Lot 692 to Paul and Ronda
Place to be known as Lot 41B and Lot 41C of
Kirkegaard be and the same is hereby
Prospect Hill, Lot 2A of Fenelon Point, and Lot
approved for valuable consideration
4A of City Lot 692 in the City of Dubuque,
established by agreement dated August 4,
Special Session, August 18, 1997
1997; conveyance shall be by Quit ClaimProof of publication certified to by the
Deed.publisher on Notice of Public Hearing to
Section 2. That the Mayor be authorizedconsider vacating and disposing of a portion of
and directed to execute a Quit claim Deed,Kirkwood Street formerly known as Union Ave.
and the City Clerk be and is hereby authorizedand City Manager recommending approval to
and directed to deliver said deed ofvacate and dispose of above property,
conveyance to the above named grantee uponpresented and read. Council Member
receipt of the purchase price in full.Michalski moved that the proof and
Section 3. The City of Dubuque reservescommunication be received and filed.
unto itself a perpetual easement including theSeconded by Council Member Nicholson.
right of ingress and egress thereto, for theMotion carried 7-0.
purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating,An Ordinance Vacating a portion of
and maintaining water, sewer, drainage, gas,Kirkwood Street formerly known as Union
telephone, t.v. cable, and electric lines as mayAvenue, said Ordinance having been
be authorized by the City of Dubuque, Iowa.presented and read at the Council Meeting of
Section 4.That the City Clerk be and is8-4-97, now presented for further action.
hereby authorized and directed to record a
certified copy of this resolution in the office of(OFFICIAL PUBLICATION)
the City Assessor, Dubuque County RecorderORDINANCE NO. 46-97
and Dubuque County Auditor.ORDINANCE VACATING A PORTION OF
Passed, approved and adopted this 18thKIRKWOOD STREET FORMERLY KNOWN
day of August, 1997.AS UNION AVENUE
Terrance M. Duggan, MayorWhereas, the Earl A. Ehrlich Estate has
Attest: Karen M. Chestermanrequested the vacating of a portion of
Deputy City ClerkKirkwood Street formerly known as Union
Council Member Voetberg moved adoptionAvenue; and
of the Resolution. Seconded by CouncilWhereas, Carl F. Bartels prepared a plat in
Member Buol. Motion carried 7-0. 1949 showing what had been assumed as the
vacated portion of what was then Union
RESOLUTION NO. 352-97Avenue in the City of Dubuque, Dubuque
RESOLUTION APPROVINGCounty, Iowa; and
COOPERATIVE AGREEMENT WITHWhereas, this portion of what was then
PROPERTY OWNERS ON WEST THIRDUnion Avenue was never formally vacated by
STREET AND FENELON PLACEthe City Council; and
RELATING TO PARCEL ACCESS ANDWhereas, the City Council of the City of
UTILITY EASEMENTS.Dubuque, Iowa has determined that this
Whereas, it’s been determined that theportion of Kirkwood Street is no longer
Third Street Steps from Fenelon Place torequired for public use, and vacating of said
West Third Street are no longer needed forKirkwood Street formerly known as Union
public purposes; andAvenue abutting Lot 85 of the Wood’s Addition
Whereas, the closure of the steps requirein the City of Dubuque, Dubuque County, Iowa
that alternate access be provided to thelying between the original northerly right-of-
parcels adjacent to the former steps; andway line of Union Avenue and the northerly
Whereas, a five party agreement has beenright-of-way line of Kirkwood Street as
prepared providing such access to parcelspresently used as shown in a plat prepared by
and utility easements as needed.Carl F. Bartels on March 12, 1949 and
NOW, THEREFORE, BE IT RESOLVEDrecorded in the Book of Plats 18, page 159 in
BY THE CITY COUNCIL OF THE CITY OFthe office of the Dubuque County Recorder in
DUBUQUE, IOWA:the City of Dubuque, Dubuque County, Iowa
Section 1.That the City Council of theshould be approved.
City of Dubuque concurs with the closure ofNOW, THEREFORE, BE IT ORDAINED
the steps and the attached five partyBY THE CITY COUNCIL OF THE CITY OF
agreement providing access to the parcelsDUBUQUE, IOWA:
and utility easements as needed.Section 1. That the real estate described
Section 2.That the Mayor be authorizedas the portion of Union Avenue abutting Lot 85
and directed to execute the agreement.of Wood’s Addition in the City of Dubuque,
Section 3.That the City Clerk be and isDubuque County, Iowa lying between the
hereby authorized and directed to file a copy oforiginal northerly right-of-way line of Union
said agreement and certified copy of thisAvenue and the northerly right-of-way line of
resolution in the office of the Recorder in andKirkwood Street as presently used as shown
for the Dubuque County, Iowa.in a plat prepared by Carl F. Bartels on March
Passed, approved and adopted this 18th12, 1949 and recorded in the Book of Plats 18,
day of August, 1997.page 159 in the office of the Dubuque County
Terrance M. Duggan, MayorRecorder be vacated.
Attest: Karen M. ChestermanPassed, approved and adopted this 18th
Deputy City Clerkday of August, 1997.
Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Karen M. Chesterman
Member Buol. Motion carried 7-0. Deputy City Clerk
Published officially in the Telegraph Herald
Regular Session, August 18, 1997
newspaper this 22nd day of August, 1997.the City Assessor, Dubuque County Recorder
Karen M. Chesterman, Deputy City Clerkand Dubuque County Auditor.
1t 8/22Passed, approved and adopted this 18th
Council Member Michalski moved finalday of August, 1997.
consideration and passage of the Ordinance.Terrance M. Duggan, Mayor
Seconded by Council Member Nicholson.Attest: Karen M. Chesterman
Motion carried 7-0. Deputy City Clerk
Council Member Michalski moved adoption
RESOLUTION NO. 353-97of the Resolution. Seconded by Council
Whereas, pursuant to resolution andMember Nicholson. Motion carried 7-0.
published notice of time and place of hearing,
published in the Telegraph Herald, aProof of publication certified to by the
newspaper of general circulation published inpublisher on Notice of Hearing to adopt plans
the City of Dubuque, Iowa on 8th day ofand specs. for Kerper Boulevard Industrial
August, 1997, the City Council of the City ofPark Grading Project, presented and read.
Dubuque, Iowa met on the 18th day of August,Council Member Buol moved that the
1997, at 7:30 p.m. in the Public Librarycommunication be received and filed.
Auditorium, 11th and Locust, Dubuque,Seconded by Council Member Robbins.
Dubuque County, Iowa to consider theMotion carried 7-0.
proposal for the sale of real estate as:
One-half of vacated Bellevue StreetRESOLUTION NO. 354-97
abutting Lot 85 of Wood’s Addition in theRESOLUTION ADOPTING PLANS
City of Dubuque; andAND SPECIFICATIONS
The portion of Kirkwood Street (formerlyWhereas, on the 16th day of July, 1997,
Union Avenue) abutting Lot 85 of Wood’splans, specifications, form of contract and
Addition in the City of Dubuque, Dubuqueestimated cost were filed with the City Clerk of
County, Iowa lying between the originalDubuque, Iowa for the Kerper Boulevard
northerly right-of-way line of Union AvenueIndustrial Park Grading Project.
and the northerly right-of-way line ofWhereas, notice of hearing on plans,
Kirkwood Street as presently used, all asspecifications, form of contract, and estimated
shown in a plat prepared by Carl F. Bartelscost was published as required by law.
on March 12, 1949 and recorded in theNOW THEREFORE, BE IT RESOLVED
Book of Plats 18, page 159 in the office ofBY THE CITY COUNCIL OF THE CITY OF
the Dubuque County Recorder.DUBUQUE, IOWA:
Whereas, the City Council of the City ofThat the said plans, specifications, form of
Dubuque, Iowa overruled any and allcontract and estimated cost are hereby
objections, oral or written to the proposal toapproved as the plans, specifications, form of
dispose of interest in the City of Dubuque,contract and estimated cost for said
Iowa, in the hereinabove described real estate.improvements for said project.
NOW, THEREFORE, BE IT RESOLVEDPassed, adopted and approved this 18th
BY THE CITY COUNCIL OF THE CITY OFday of August, 1997.
DUBUQUE, IOWA:Terrance M. Duggan, Mayor
Section 1.That the disposal of theAttest: Karen M. Chesterman
interest of the City of Dubuque, DubuqueDeputy City Clerk
County, Iowa in real property described asCouncil Member Buol moved adoption of
one-half of vacated Bellevue Street abuttingthe Resolution. Seconded by Council Member
Lot 85 of Wood’s Addition in the City ofRobbins. Motion carried 7-0.
Dubuque; and the portion of Kirkwood Street
(formerly Union Avenue) abutting Lot 85 ofProof of publication certified to by the
Wood’s Addition in the City of Dubuque,publisher on Notice to Bidders on the Receipt
Dubuque County, Iowa lying between theof Bids for project and City Manager
original northerly right-of-way line of Unionrecommending to award contract for project,
Avenue and the northerly right-of-way line ofpresented and read. Council Member Buol
Kirkwood Street as presently used, all asmoved that the proof and communication be
shown in a plat prepared by Carl F. Bartels onreceived and filed. Seconded by Council
March 12, 1949 and recorded in the Book ofMember Robbins. Motion carried 7-0.
Plats 18, page 159 in the office of the
Dubuque County Recorder to the Earl A.RESOLUTION NO. 355-97
Ehrlich Estate, be and the same is herebyAWARDING CONTRACT
approved for the sum of $1.00 plus the cost ofWhereas, sealed proposals have been
publication, platting and filing fees;submitted by contractors for the Kerper
conveyance shall be by Quit Claim Deed.Boulevard Industrial Park Grading Project
Section 2.That the Mayor be authorizedpursuant to Resolution No. 326-97 and notice
and directed to execute a Quit claim Deed,to bidders published in a newspaper published
and the City Clerk be and is hereby authorizedin the City of Dubuque, Iowa on the 31st day
and directed to deliver said deed ofof July, 1997.
conveyance to the above named grantee uponWhereas, said sealed proposals were
receipt of the purchase price in full.opened and read on the 7th day of August,
Section 3.That the City Clerk be and is1997 and it has been determined that the bid
hereby authorized and directed to record aof J. F. Brennan Co., Inc. of La Crosse,
certified copy of this resolution in the office ofWisconsin, in the amount of $558.889.00 was
Special Session, August 18, 1997
the lowest bid for the furnishings of all laborby the following vote: Yeas—Mayor Duggan,
and materials and performing the work asCouncil Members Buol, Krieg, Michalski,
provided for in the plans and specifications.Nicholson, Robbins, Voetberg. Nays—None.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 357-97
DUBUQUE, IOWA:AWARDING CONTRACT
That the contract for the aboveWhereas, sealed proposals have been
improvement be awarded to J. F. Brennansubmitted by contractors for the Dubuque
Co., Inc. and the Manager be and is herebyRegional Airport Entrance Road
directed to execute a contract on behalf of theReconstruction pursuant to Resolution No.
City of Dubuque for the complete performance332-97 and notice to bidders published in a
of the work.newspaper published in the City of Dubuque,
BE IT FURTHER RESOLVED:Iowa on the 24th day of July, 1997.
That upon the signing of said contract andWhereas, said sealed proposals were
the approval of the contractor's bond, the Cityopened and read on the 7th day of August,
Treasurer is authorized and instructed to1997 and it has been determined that the bid
return the bid deposits of the unsuccessfulof Tschiggfrie Excavating Company in the
bidders.amount of $145,220.40 was the lowest bid for
Passed, approved and adopted this 18ththe furnishings of all labor and materials and
day of August, 1997.performing the work as provided for in the
Terrance M. Duggan, Mayorplans and specifications.
Attest: Karen M. ChestermanNOW THEREFORE, BE IT RESOLVED
Deputy City ClerkBY THE CITY COUNCIL OF THE CITY OF
Council Member Buol moved adoption ofDUBUQUE, IOWA:
the Resolution. Seconded by Council MemberThat the contract for the above
Robbins. Motion carried 7-0. improvement be awarded to Tschiggfrie
Excavating Company and the Manager be and
Proof of publication certified to by theis hereby directed to execute a contract on
publisher on Notice of Hearing to adopt plansbehalf of the City of Dubuque for the complete
and specs. for Dubuque Regional Airportperformance of the work.
Entrance Road Reconstruction, presented andBE IT FURTHER RESOLVED:
read. Council Member Robbins moved thatThat upon the signing of said contract and
the proof be received and filed. Seconded bythe approval of the contractor's bond, the City
Council Member Buol. Motion carried 7-0. Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
RESOLUTION NO. 356-97bidders.
RESOLUTION ADOPTING PLANSPassed, approved and adopted this 18th
AND SPECIFICATIONSday of August, 1997.
Whereas, on the 17th day of July, 1997,Terrance M. Duggan, Mayor
plans, specifications, form of contract andAttest: Karen M. Chesterman
estimated cost were filed with the City Clerk ofDeputy City Clerk
Dubuque, Iowa for the Dubuque RegionalCouncil Member Robbins moved adoption
Airport Entrance Road Reconstruction.of the Resolution. Seconded by Council
Whereas, notice of hearing on plans,Member Buol. Motion carried 7-0.
specifications, form of contract, and estimated
cost was published as required by law.Proof of publication certified to by the
NOW THEREFORE, BE IT RESOLVEDpublisher on Notice of Hearing to adopt Plans
BY THE CITY COUNCIL OF THE CITY OFand Specs. for Dubuque Industrial Center
DUBUQUE, IOWA:South Roadway Improvement Project,
That the said plans, specifications, form ofpresented and read. Council Member Buol
contract and estimated cost are herebymoved that the proof and communication be
approved as the plans, specifications, form ofreceived and filed. Seconded by Council
contract and estimated cost for saidMember Voetberg. Motion carried 7-0.
improvements for said project.
Passed, adopted and approved this 18thRESOLUTION NO. 358-97
day of August, 1997.RESOLUTION ADOPTING PLANS
Terrance M. Duggan, MayorAND SPECIFICATIONS
Attest: Karen M. ChestermanWhereas, on the 17th day of July, 1997,
Deputy City Clerkplans, specifications, form of contract and
Council Member Robbins moved adoptionestimated cost were filed with the City Clerk of
of the Resolution. Seconded by CouncilDubuque, Iowa for the Dubuque Industrial
Member Buol. Motion carried 7-0. Center South Roadway Improvement Project.
Whereas, notice of hearing on plans,
Proof of publication certified to by thespecifications, form of contract, and estimated
publisher on Notice to Bidders on the Receiptcost was published as required by law.
of Bids for project and City ManagerNOW THEREFORE, BE IT RESOLVED
recommending to award contract for project,BY THE CITY COUNCIL OF THE CITY OF
presented and read. Council MemberDUBUQUE, IOWA:
Robbins moved that the proof andThat the said plans, specifications, form of
communication be received and filed.contract and estimated cost are hereby
Seconded by Council Member Buol. Carriedapproved as the plans, specifications, form of
Regular Session, August 18, 1997
contract and estimated cost for saidRESOLUTION NO. 360-97
improvements for said project.RESOLUTION ADOPTING PLANS
Passed, adopted and approved this 18thAND SPECIFICATIONS
day of August, 1997.Whereas, on the 21st day of July, 1997,
Terrance M. Duggan, Mayorplans, specifications, form of contract and
Attest: Karen M. Chesterman, Deputy Cityestimated cost were filed with the City Clerk of
ClerkDubuque, Iowa, for the 1997 Rehabilitation
Council Member Buol moved adoption ofRepairs to the City of Dubuque parking Ramp
the Resolution. Seconded by Council MemberFacilities.
Voetberg. Motion carried 7-0. Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
Proof of publication certified to by thecost was published as required by law.
publisher on Notice to Bidders on Receipt ofNOW, THEREFORE, BE IT RESOLVED
Bids and City Manager recommending toBY THE CITY COUNCIL OF THE CITY OF
award contract for project, presented andDUBUQUE, IOWA:
read. Council Member Buol moved that theThat the said plans, specifications, form of
communication be received and filed.contract, and estimated cost are hereby
Seconded by Council Member Voetberg.approved as the plans, specifications, form of
Motion carried 7-0. contract and estimated cost for said
improvements for said project.
RESOLUTION NO. 359-97Passed, approved and adopted this 18th
AWARDING CONTRACTday of August, 1997.
Whereas, sealed proposals have beenTerrance M. Duggan, Mayor
submitted by contractors for the DubuqueAttest: Karen M. Chesterman
Industrial Center South RoadwayDeputy City Clerk
Improvement Project pursuant to ResolutionCouncil Member Voetberg moved adoption
No. 323-97 and notice to bidders published inof the Resolution. Seconded by Council
a newspaper published in the City ofMember Buol. Motion carried 7-0.
Dubuque, Iowa on the 31st of July, 1997.
Whereas, said sealed proposals wereProof of publication certified to by the
opened and read on the 12th day August,publisher on Notice to Bidders on Receipt of
1997 and it has been determined that the bidBids for project and City Manager
of Horsfield Construction Company, Inc. ofrecommending to award contract, presented
Epworth, Iowa in the amount of $783,325.32and read. Council Member Voetberg moved
was the lowest bid for the furnishings of allthat the proof and communication be received
labor and materials and performing the workand filed. Seconded by Council Member Buol.
as provided for in the plans and specifications.Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 361-97
DUBUQUE, IOWA:AWARDING CONTRACT
That the contract for the aboveWhereas, sealed proposals have been
improvement be awarded to Horsfieldsubmitted by contracts for the 1997
Construction Company, Inc., subject toRehabilitation Repairs to the City of Dubuque
concurrence of the Iowa Department ofParking Ramp Facilities pursuant to
Transportation, and the Manager be and isResolution No. 329-97 and notice to bidders
hereby directed to execute a contract onpublished in a newspaper published in the City
behalf of the City of Dubuque for the completeof Dubuque, Iowa, on the 25th day of July,
performance of the work.1997.
BE IT FURTHER RESOLVED:Whereas, said sealed proposals were
That upon the signing of said contract andopened and read on the 4th day of August,
the approval of the contractor's bond, the City1997, and it has been determined that the bid
Treasurer is authorized and instructed toof McGill Restoration, Inc. in the amount of
return the bid deposits of the unsuccessful$67,000 was the lowest bid for the furnishings
bidders.of all labor and materials and performing the
Passed, approved and adopted this 18thwork as provided for in the plans and
day of August, 1997.specifications.
Terrance M. Duggan, MayorNOW, THEREFORE, BE IT RESOLVED
Attest: Karen M. ChestermanBY THE CITY COUNCIL OF THE CITY OF
Deputy City ClerkDUBUQUE, IOWA:
Council Member Buol moved adoption ofThat the contract for the above
the Resolution. Seconded by Council Memberimprovement be awarded to McGill
Voetberg. Motion carried 7-0. Restoration, Inc. and the Manager be and is
hereby directed to execute a contract on
Proof of publication certified to by thebehalf of the City of Dubuque for the complete
publisher on Notice of Hearing to adopt Plansperformance of the work.
and Specs. for 1997 Rehabilitation Repairs toBE IT FURTHER RESOLVED:
City’s Parking Ramp Facilities, presented andThat upon the signing of said contract and
read. Council Member Voetberg moved thatthe approval of the contractor’s bond, the City
the proof be received and filed. Seconded byTreasurer is authorized and instructed to
Council Member Buol. Motion carried 7-0. return the bid deposits of the unsuccessful
bidders.
Special Session, August 18, 1997
Passed, approved and adopted this 18thJ.F. Kennedy Road, Dodge Street (U.S.
day of August, 1997.Highway 20) to Sunset Park Circle.
Terrance M. Duggan, MayorPassed, approved and adopted this 18th
Attest: Karen M. Chestermanday of August, 1997.
Deputy City ClerkTerrance M. Duggan, Mayor
Council Member Voetberg moved adoptionAttest: Karen M. Chesterman
of the Resolution. Seconded by CouncilDeputy City Clerk
Member Buol. Motion carried 7-0. Published officially in the Telegraph Herald
newspaper this 22nd day of August, 1997.
City Manager submitting recommendations
Karen M. Chesterman, Deputy City Clerk
regarding West-Side Industrial Park
1t 8/22
Development Phasing of utilities, presented
Council Member Buol moved that the
and read. Council Member Krieg moved that
requirement that a proposed Ordinance be
the communication be received and filed and
considered and voted on for passage at two
approved recommendation. Seconded by
Council Meetings prior to the meeting at which
Council Member Robbins. Motion carried 7-0.
it is to be finally passed be suspended.
Seconded by Council Member Voetberg.
Motion carried 7-0. Council Member Buol
City Manager recommending approval of
moved final consideration and passage of the
reduction of speed limit on John F. KennedyOrdinance. Seconded by Council Member
Road from 32nd Street north to the City limitsVoetberg. Motion carried 7-0.
from 35 miler per hour to 30 miles per hours,
presented and read. Council Member BuolCity Manager submitting documents
moved that the communication be receivedproviding for bidding process for Re-roofing
and filed. Seconded by Council Memberthe Five Flags Center arena, presented and
Voetberg. Motion carried 7-0. read. Council Member Michalski moved that
the communication be received and filed.
An Ordinance Amending Code ofSeconded by Council Member Robbins.
Ordinances by revising subsection (c) ofMotion carried 7-0.
Section 32-231 providing for the establishment
of speed limits on J.F. Kennedy Road fromRESOLUTION NO. 362-97
Sunset Park Circle to City Limits, presented
PRELIMINARY APPROVAL OF
and read.
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
(OFFICIAL PUBLICATION)
COUNCIL OF THE CITY OF DUBUQUE,
ORDINANCE NO. 47-97
IOWA:
AN ORDINANCE AMENDING THE CODE
That the proposed plans, specifications,
OF ORDINANCES OF THE CITY OF
form of contract and estimated cost for the
DUBUQUE, IOWA BY REVISING
FIVE FLAGS ARENA ROOF PROJECT, in
SUBSECTION (C) OF SECTION 32-231
the estimated amount of $108,000, are hereby
THEREOF PROVIDING FOR THE
approved and ordered filed in the office of the
ESTABLISHMENT OF SPEED LIMITS ON
City Clerk, for public inspection.
J. F. KENNEDY ROAD
Passed, approved and adopted this 18th
NOW, THEREFORE, BE IT ORDAINED
day of August, 1997.
BY THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, Mayor
DUBUQUE, IOWA:
Attest: Karen M. Chesterman
Section 1. That the Code of Ordinances of
Deputy City Clerk
the City of Dubuque, Iowa be amended by
Council Member Michalski moved adoption
deleting J.F. Kennedy Road from Subsection
of the Resolution. Seconded by Council
(c) of Section 32-231 thereof as follows:
Member Robbins. Motion carried 7-0.
“Sec. 32-231. Limits Generally.
(c)
RESOLUTION NO. 363-97
* * * *
FIXING DATE OF HEARING ON
THIRTY (30) MILES PER HOURPLANS AND SPECIFICATIONS
J.F. Kennedy Road, Sunset Park Circle toWHEREAS, the City Council of the City of
Thirty Second StreetDubuque, Iowa has given its preliminary
THIRTY-FIVE (35) MILES PER HOURapproval on the proposed plans,
J.F. Kennedy Road, Dodge Street (U.S.specifications, and form of contract and
Highway 20) to Sunset Park Circle, andplaced same on file in the office of the City
Thirty Second Street to City limits.Clerk for public inspection of the FIVE FLAGS
Section 2. That the Code of Ordinances ofARENA ROOF PROJECT.
the City of Dubuque, Iowa be amended byNOW, THEREFORE, BE IT RESOLVED,
adding J.F. Kennedy Road to Subsection (c)BY THE CITY COUNCIL OF THE CITY OF
of Section 32-231 thereof as follows:DUBUQUE, IOWA, that on the 15th day of
“Sec. 32-231. Limits Generally.
September, 1997, a public hearing will be held
(c)
at 7:00 p.m. in the Public Library Auditorium,
* * * *
at which time interested persons may appear
THIRTY (30) MILES PER HOUR
and be heard for or against the proposed
J.F. Kennedy Road, Sunset Park Circle to
plans and specifications, form of contract and
City Limits.
cost of said improvement, and the City Clerk
THIRTY-FIVE (35) MILES PER HOUR
be and is hereby directed to cause a notice of
Regular Session, August 18, 1997
time and place of such hearing to beMember Voetberg moved that a Public
published in a newspaper having generalHearing be held on the proposed Ordinance
circulation in the City of Dubuque, Iowa, whichon the 2nd day of September, 1997 at 7:00
notice shall be not less than four days norp.m. in the Public Library Auditorium and that
more than twenty days prior to the day fixed forthe City Clerk publish notice. Seconded by
its consideration. At the hearing, anyCouncil Member Michalski. Motion carried 7-
interested person may appear and file0.
objections to the proposed plans,
specifications, contract, or estimated cost ofZoning Advisory Commission advising of
the improvement.their approval to rezone property at 1982
Passed, approved and adopted this 18thRockdale Road from C-1 to CS District as
day of August, 1997.requested by Robert Willis, presented and
Terrance M. Duggan, Mayorread. Council Member Buol moved that the
Attest: Karen M. Chestermancommunication be received and filed.
Deputy City ClerkSeconded by Council Member Robbins.
Council Member Michalski moved adoptionMotion carried 7-0.
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by
rezoning property at 1982 Rockdale Road
RESOLUTION NO. 364-97from C-1 Neighborhood Commercial District to
ORDERING BIDSCS Commercial Service and Wholesale
BE IT RESOLVED BY THE COUNCIL OFDistrict, with conditions, presented and read.
THE CITY OF DUBUQUE, IOWA:Council Member Buol moved that the
That the FIVE FLAGS ARENA ROOFrequirement that a proposed Ordinance be
PROJECT is hereby ordered to be advertisedconsidered and voted on for passage at two
for bids for construction.Council Meetings prior to the meeting at which
BE IT FURTHER RESOLVED, that theit is to be finally passed be suspended.
amount of the security to accompany each bidSeconded by Council Member Robbins.
shall be in an amount which shall conform toMotion carried 7-0. Council Member Buol
the provisions of the notice to bidders herebymoved that a Public Hearing be held on the
approved as a part of the plans andproposed Ordinance on the 2nd day of
specifications heretofore adopted.September, 1997 at 7:00 p.m. in the Public
That the City Clerk is hereby directed toLibrary and direct the City Clerk to publish
advertise for bids for the construction of thenotice. Seconded by Council Member
improvements herein provided, to be publishedRobbins. Motion carried 7-0.
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shallAt 7:25 p.m. Council Member Voetberg
not be less than four days nor more thanmoved that they go into Closed Session — In
twenty days prior to the receipt of said bids ataccordance with Chapter 21.5 1.(j) 1997 Code
2:00 p.m. on the 4th day of September, 1997.of Iowa to discuss the purchase of particular
Bids shall be opened and read by the Cityreal estate where premature disclosure could
Clerk at said time and will be submitted to thebe reasonably expected to increase the price
Council for final action at 7:00 p.m. on thethe governmental body would have to pay for
15th day of September, 1997.that property and in accordance with Ch. 21.5
Passed, approved and adopted this 18th1.(c) To discuss strategy with counsel in
day of August, 1997.matters where litigation is imminent where its
Terrance M. Duggan, Mayordisclosure would be likely to prejudice or
Attest: Karen M. Chestermandisadvantage the position of the government
Deputy City Clerkbody in this litigation. Seconded by Council
Council Member Michalski moved adoptionMember Michalski. Motion carried 7-0.
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0. Council reconvened Regular Session at
7:44 p.m. with statement that Staff had been
Zoning Advisory Commission advising ofgiven direction.
their approval to amend ID District for Clarke
College, presented and read. Council MemberThere being no further business, Council
Voetberg moved that the communication beMember Voetberg moved to adjourn.
received and filed. Seconded by CouncilSeconded by Council Member Michalski.
Member Michalski. Motion carried 7-0. Motion carried 7-0. The meeting adjourned at
7:45 p.m.
An Ordinance Amending Zoning Map
providing for the amendment of Ordinance No.Karen M. Chesterman
8-90A which adopted regulations for theDeputy City Clerk
Clarke College Institutional District, presented
and read. Council Member Voetberg moved
that the requirement that a proposedApproved , 1997
Ordinance be considered and voted on for
passage at two Council Meetings prior to theAdopted , 1997
meeting at which it is to be finally passed be
suspended. Seconded by Council Member
Michalski. Motion carried 7-0. Council
Special Session, August 18, 1997
Mayor
Council Members
Attest:
City Clerk