1997 November Council Proceedings
Regular Session, November 3, 1997
NOTICE OF CLAIMS/SUITS — Cecilia
DUBUQUE
Dement in amount of $342.17 for vehicle
damages; Harold Hovind in amount of $819.41
for vehicle damages; Louis LuGrain d/b/a
CITY COUNCIL
Interstate Contractors in amount of $90.25 for
building permit refund payment; Todd Steege
in amount of $62.54 for towing charges; Char-
OFFICIAL
les J. Stemper in unknown total amount, for
PROCEEDINGS
personal injuries; James C. Wachtel in a-
mount of $267.55 for vehicle damages, pre-
sented and read. Council Member Voetberg
City Council, Regular Session, November
moved that the claims and suits be referred to
3, 1997.
the Legal Staff for investigation and report.
Council Met at 7:00 p.m., Public Library
Seconded by Council Member Robbins.
Auditorium.
Motion carried 7-0.
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Jeff Robbins appealing the denial of his
Voetberg, City Manager Michael Van Milligen,
claim for vehicle damages, presented and
Corporation Counsel Barry A. Lindahl.
read. Council Member Voetberg moved that
the appeal be referred to the Legal Staff for
Mayor Duggan read the call and stated this
investigation and report. Seconded by Council
is the Regular Session of the City Council
Member Robbins. Motion carried 7-0.
called for the purpose to act upon such busi-
ness which may properly come before the
Corporation Counsel advising following
Council.
claims have been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Invocation was given by Joan Haug, Chap-
Communities Assurance Pool: Property dam-
lain of Mercy Health Center.
age of Joseph and Janice Healey; Property
damage of Joe Meyer; Personal injury of
PROCLAMATIONS — November asJenna Sarazin and Vehicle damage of Ther-
“National Hospice Month” received by Caroleesa Shappell, presented and read. Council
Carroll; November as “Alzheimer’s DiseaseMember Voetberg moved that the communica-
Public Awareness Month” received by Sistertions be received and filed. Seconded by
Michelle Nemmers; Nov. 10-16 as “YouthCouncil Member Robbins. Motion carried 7-0.
Appreciation Week” received by Optimists’
Presidents Kathy Sturm and Jan Northhouse;
City Manager recommending acceptance of
Nov. 9-15 as “Operating Room Nurse Week”
Modifications to the HVAC System at the Five
received by Karen Gronen; Nov. 2-8 as “Key
Flags Center, presented and read. Council
Club Week” received by Cindy Kohlmann.
Member Voetberg moved that the communica-
tion be received and filed. Seconded by
MINUTES SUBMITTED — Five Flags
Council Member Robbins. Motion carried 7-0.
Commission of 9-15; Housing Code Appeals
Board of 8-19; Human Rights Commission of
9-8; Investment Oversight Advisory Commis-
RESOLUTION 450-97
sion of 10-15-97; Long Range Planning Advi-
ACCEPTING IMPROVEMENT
sory Commission of 10-15; Public Library
WHEREAS, the contract for the MODIFI-
Board of Trustees of 10-2; Park & Recreation
CATIONS TO THE HVAC SYSTEM AT THE
Commission of 10-14, presented and read.
FIVE FLAGS CENTER PROJECT has been
Council Member Voetberg moved that the that
completed and the City Manager has exam-
the minutes be received and filed. Seconded
ined the work and filed his certificate stating
by Council Member Robbins. Motion carried
that the same has been completed according
7-0.
to the terms of the contract, plans and specifi-
cations and recommends its acceptance.
Investment Oversight Commission submit-
NOW, THEREFORE, BE IT RESOLVED,
ting 19th quarterly report, presented and read.
by the City Council of the City of Dubuque,
Council Member Voetberg moved that the
Iowa, that the recommendation of the City
report be received and filed. Seconded by
Manager be approved and that said improve-
Council Member Robbins. Motion carried 7-0.
ment be and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
Proofs of Publication on publishing Council
to the contractor from the General Fund in
Proceedings for minutes of 9-29 & 10-6 and
amount equal to the amount of his contract,
Proof of Publication on List of Claims and
less any retained percentage provided for
Summary of Revenues for month ending 9-30-therein.
97, presented and read. Council MemberPassed, approved and adopted this 3rd day
Voetberg moved that the proofs be receivedof November, 1997.
and filed. Seconded by Council MemberTerrance M. Duggan, Mayor
Robbins. Motion carried 7-0. Attest: Mary A. Davis, City Clerk
Regular Session, November 3, 1997
Council Member Voetberg moved adoptionWhereas, since December 19, 1988 the
of the Resolution. Seconded by CouncilCity Council of the City of Dubuque, Iowa has
Member Robbins. Motion carried 7-0. adopted certain ordinances amending the
Code of Ordinances and said amendments
RESOLUTION 451-97have been printed as supplements to the Code
FINAL ESTIMATEof Ordinances; and
WHEREAS, the contract for the MODIFI-Whereas, Section 380.8 of the Code of
CATIONS TO THE HVAC SYSTEM AT THEOrdinances provides that supplements, by
FIVE FLAGS CENTER PROJECT has beenresolution, become part of the Code of Ordi-
completed and the Engineer has submitted hisnances.
final estimate showing the cost thereof includ-NOW THEREFORE, BE IT RESOLVED
ing the cost of estimates, notices and inspec-BY THE CITY COUNCIL OF THE CITY OF
tion and all miscellaneous costs;DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVED,Section 1. That Supplement No. 34 of the
by the City Council of the City of Dubuque,Code of Ordinances of the City of Dubuque,
Iowa:Iowa, covering Ordinances through Ordinance
Section 1. That the cost of said improve-No. 44-97 enacted through August 4, 1997
ment is hereby determined to be $260,000 andand prepared by the Sterling Codifers, Inc.,
the said amount shall be paid from the Gen-Weiser, ID hereto filed in the Office of the City
eral Fund of the City of Dubuque, Iowa.Clerk of the City of Dubuque, Iowa be and is
Passed, approved and adopted this 3rd dayhereby adopted and becomes part of the Code
of November, 1997.of Ordinances of the City of Dubuque, Iowa.
Terrance M. Duggan, MayorPassed, approved and adopted this 3rd day
Attest: Mary A. Davis, City Clerkof November, 1997.
Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk
Member Robbins. Motion carried 7-0. Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Iowa DOT advising of their intent to dis-Member Robbins. Motion carried 7-0.
pose of City Lot 121A (Parcel No. 364) located
on First Street and City Lot 307A (Parcel No.City Manager recommending approval to
205 & 337) located in alley near 5th Street andenter into an agreement with Benjamin H. Lacy
Central Ave., presented and read. Councilto renovate the memorial fountain in Jackson
Member Voetberg moved that the communica-Park, presented and read. Council Member
tion be received and filed. Seconded byVoetberg moved that the communication be
Council Member Robbins. Motion carried 7-0.received and filed and recommendation ap-
proved. Seconded by Council Member Rob-
bins.
J. F. Thompson and Tom Thompson ex-
pressing appreciation regarding purchase ofDubuque Ready-Mix Inc., a division of W.
portion of City property on First and Locust,C. Stewart Construction Inc., advising of not
presented and read. Council Member Voet-bidding City’s contract for supplying ready
berg moved that the communication be re-mixed concrete to the City and City Manager
ceived and filed. Seconded by Council Mem-responding to comments of Stewart Construc-
ber Robbins. Motion carried 7-0. tion, presented and read. Council Member
Michalski moved that the communications be
Josie Germaine submitting resignation fromreceived and filed. Seconded by Council
Housing Commission and Kevin R. GeraciMember Nicholson. Motion carried 7-0.
submitting resignation from Zoning Advisory
Commission, presented and read. CouncilCity Manager submitting Auxiliary Police
Member Voetberg moved that the communi-Report, presented and read. Council Member
cations be received and filed and resignationsVoetberg moved that the report be received
accepted with regret. Seconded by Robbins.and filed. Seconded by Council Member
Motion carried 7-0. Robbins. Motion carried 7-0.
City Manager recommending approval ofCity Manager recommending approval of
Supplement #34 to City Code, presented andPolice Towing Contract with Wenzel Towing
read. Council Member Voetberg moved thatInc., presented and read. Council Member
the communication be received and filed.Voetberg moved that the communication be
Seconded by Council Member Robbins.received and filed and recommendation ap-
Motion carried 7-0. proved. Seconded by Council Member Rob-
bins. Motion carried 7-0.
RESOLUTION NO. 452-97
ADOPTING SUPPLEMENT NO. 34 TO THECity Manager submitting HUD Review of
CODE OF ORDINANCES OF THE CITY OFSubrecipent Procedures, presented and read.
DUBUQUE, IOWACouncil Member Voetberg moved that the
Whereas, under date of July 17, 1989, thecommunication be received and filed. Sec-
City Council, pursuant to Ordinance No. 34-onded by Council Member Robbins. Motion
89, readopted the Code of Ordinances of thecarried 7-0.
City of Dubuque, Iowa for ordinances adopted
up to and including December 19, 1988; andCity Manager submitting information on
Regular Session, November 3, 1997
procedure to establish “No Passing Zone” onENVIRONMENTAL STEWARDSHIP
Kelly Lane, presented and read. CouncilCOMMISSION: Applicant: Beth Lynch. No
Member Voetberg moved that the communica-one spoke.
tion be received and filed. Seconded by
Council Member Robbins. Motion carried 7-0.Council Member Nicholson moved that the
rules be suspended to allow anyone present to
address the Council if they so desire. Sec-
RESOLUTION NO. 453-97onded by Council Member Buol. Motion
Whereas, applications for Beer Permitscarried 7-0.
have been submitted and filed to this Council
for approval and the same have been exam-Proof of publication certified to by the
ined and approved; and Publisher on Notice of Public Hearing to
Whereas, the premises to be occupied byreclassify property at 990 North Booth Street
such applicants were inspected and found tofrom R-1 to R-2 District as requested by Wm.
comply with the Ordinances of this City andEisbach; Petition containing 29 signatures
have filed proper bonds.consenting to change as requested; Petition
NOW, THEREFORE, BE IT RESOLVEDcontaining 14 signatures opposing proposed
BY THE CITY COUNCIL OF THE CITY OFrezoning, presented and read. Council Mem-
DUBUQUE, IOWA:ber Voetberg moved that the proof and peti-
That the Manager be authorized to cause totions be received and filed. Seconded by
be issued the following named applicants aCouncil Member Nicholson. Motion carried 7-
Beer Permit.0.
CLASS ‘C’ BEER PERMITS
Molo Oil Co.Big 10 Mart/Car WashCouncil Member Mr. Wm. Eisbach spoke
+ (Sunday Sale)1875 JFK Rd.requesting rezoning. Zoning Commissioner
Rainbo Oil Co.Kwik Stop Food MartJeff Stiles gave report. Peter Slade, 988 N.
+(Sunday Sale)2297 UniversityBooth, on behalf of those opposed, objected to
Passed, approved and adopted this 3rd dayproposed rezoning.
November, 1997.
Terrance M. Duggan, MayorAn Ordinance Amending Zoning Map by
Attest: Mary A Davis, City Clerkreclassifying property located at 990 North
Council Member Voetberg moved adoptionBooth Street from R-1 Single-Family Residen-
of the Resolution. Seconded by Counciltial District to R-2 Two-Family Residential
Member Robbins. Motion carried 7-0. District, said Ordinance denied by Zoning
Advisory Commission, presented at Council
RESOLUTION NO. 454-97meeting of 10-20-97 with no readings given,
Whereas, applications for Liquor Licensesnow presented for further action.
have been submitted to this Council for ap-
proval and the same have been examined and(OFFICIAL PUBLICATION)
approved; andORDINANCE NO. 61-97
Whereas, the premises to be occupied byAN ORDINANCE AMENDING APPENDIX A
such applicants were inspected and found to(THE ZONING ORDINANCE) OF THE CITY
comply with the State Laws and all City Ordi-OF DUBUQUE CODE OF ORDINANCES,
nances relevant thereto and they have filedBY RECLASSIFYING HEREINAFTER DE-
proper bonds.SCRIBED PROPERTY LOCATED AT 990
NOW, THEREFORE, BE IT RESOLVEDNORTH BOOTH STREET FROM R-1
BY THE CITY COUNCIL OF THE CITY OFSINGLE-FAMILY RESIDENTIAL DISTRICT
DUBUQUE, IOWA:TO R-2 TWO-FAMILY RESIDENTIAL DIS-
That the Manager be authorized to cause toTRICT.
be issued the following named applicants aNOW, THEREFORE, BE IT ORDAINED
Liquor License.BY THE CITY COUNCIL OF THE CITY OF
CLASS “C” (COMMERCIAL)DUBUQUE, IOWA:
BEER/LIQUOR LICENSESection 1. That Appendix A (the Zoning
Sun’s Corp.Yen Ching Restr.Ordinance) of the City of Dubuque Code of
+ (Sunday Sale)926 Main St.Ordinances is hereby amended by reclassify-
Passed, approved and adopted this 3rd daying the hereinafter described property from R-
of November, 1997.1 Single-Family Residential District to R-2
Terrance M. Duggan, MayorTwo-Family Residential District, to wit:
Attest: Mary A. Davis, City ClerkLot 6 and the North 10 feet of Lot 5 of Marsh’s
Council Member Voetberg moved adoptionDubuque #2, and to the center line of the
of the Resolution. Seconded by Counciladjoining public right-of-way, all in the City of
Member Robbins. Motion carried 7-0. Dubuque, Iowa.
Section 2. The foregoing amendment has
BOARDS AND COMMISSIONS:heretofore been reviewed by the Zoning Advi-
Applicants interested in serving on thesory Commission of the City of Dubuque,
following Commissions to address the Coun-Iowa.
cil.Section 3. This ordinance shall take effect
immediately upon publication, as provided by
HOUSING COMMISSION: M. Susan Rinklaw.
and Thomas Swift II. No one spoke.Passed, approved and adopted this 3rd day
of November, 1997.
Regular Session, November 3, 1997
Terrance M. Duggan, MayorORDINANCE 8-96, WHICH ADOPTED REG-
Attest: Mary A. Davis, City ClerkULATIONS FOR HEREINAFTER DE-
Published officially in the Telegraph HeraldSCRIBED PROPERTY LOCATED NEAR
THE INTERSECTION OF CRESCENT
newspaper this 7th day of November, 1997.
RIDGE ROAD AND STARLIGHT DRIVE,
1t 11/7Mary A. Davis CMC, City Clerk
LOCATED IN A PUD PLANNED UNIT DE-
Council Member Voetberg moved that the
VELOPMENT DISTRICT WITH A PR PLAN-
requirement that a proposed Ordinance be
NED RESIDENTIAL DESIGNATION.
considered and voted on for passage at two
NOW, THEREFORE, BE IT ORDAINED
Council Meetings prior to the meeting at which
BY THE CITY COUNCIL OF THE CITY OF
it is to be finally passed be suspended. Sec-
DUBUQUE, IOWA:
onded by Council Member Nicholson. Motion
Section 1. Appendix A (the Zoning Ordi-
carried 7-0. Council Member Voetberg moved
nance) of the City of Dubuque Code of Ordi-
final consideration and passage of the Ordi-
nances is hereby amended by amending
nance. Seconded by Council Member Nichol-
Ordinance 8-96, which adopted regulations for
son. Motion carried 7-0.
the property described below and located at
the intersection of Crescent Ridge Road and
Proof of publication certified to by the
Starlight Drive, located in a PUD Planned Unit
Publisher on Notice of Public Hearing to
Development with a PR Planned Residential
reclassify property located at end of Radford
Court from C-2 to CS District as requested bydesignation and adopting a conceptual devel-
Radford Road Development, presented andopment plan, a copy of which is attached to
read. Council Member Buol moved that theand made a part hereof, with conditions as
communication be received and filed. Sec-stated below, to wit:
onded by Council Member Krieg. MotionLot 5 of Hansel’s Addition and to the center
carried 7-0. line of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Gene Sullivan and Ernst Quade spokeSection 2. Pursuant to Iowa Code Section
requesting rezoning for a mini-warehouse.414.5 (1993), and as an express condition of
Mark Wall, Tom Prochaska and Kay Spuhler,the reclassification, the undersigned property
all spoke objecting to requested rezoning. owner(s) agree(s) to the following conditions,
all of which the property owner(s) further
agree(s) are reasonable and imposed to sat-
An Ordinance Amending Zoning Map by
isfy the public needs that are caused directly
reclassifying property located at end of Rad-
by the zoning reclassification:
ford Court from C-2 Neighborhood Shopping
A.Use Regulations.
Center District to CS Commercial Service and
The following regulations shall apply to all
Wholesale District, said Ordinance denied by
uses made of land in the above described
Zoning Advisory Commission, presented at
PUD District:
Council meeting of 10-20-97 with no readings
1)Principal permitted uses of the PR Planned
given, now presented for further action. Coun-
Residential development shall be limited to:
cil Member Buol moved to concur with the
CTwo (2) senior apartment buildings with 50
denial of the Zoning Advisory Comm. Sec-
dwelling units per building—[3].
onded by Krieg. Motion carried 7-0.
CAssisted living facility—[2].
CSingle-family residential dwelling (de-
Proof of publication certified to by the
tached)—[11].
Publisher on Notice of Public Hearing to
CChurches—[7].
consider amendment to Ordinance No. 8-96
[ ] Parking group as per Section 4-2 of the
regarding regulations for property located near
Zoning Ordinance.
intersection of Crescent Ridge Rd. and Star-
3)Accessory uses shall include any use
light Dr., presented and read. Council Mem-
customarily incidental and subordinate to
ber Voetberg moved that the proof be received
the principal use it serves.
and filed. Seconded by Council Member
B.Lot and Bulk Regulations.
Nicholson. Motion carried 7-0.
Development of land in the PUD District
Tim Puls spoke requesting rezoning givingshall be regulated as follows:
specifics of the project. 1)All multi-family residential structures in the
Planned Residential development shall
An Ordinance Amending Ordinance No. 8-meet bulk regulations set forth in the Zon-
96, which adopted Regulations for propertying Ordinance for the R-4 Multi-Family
located near the intersection of CrescentResidential District, with the exception of lot
Ridge Road and Starlight Drive, located in aarea and building setbacks, which should
PUD Planned Unit Development District withconform with that shown on the attached
a PR Planned Residential Designation, firstconceptual plan.
and second readings given 10-20-97, now2)Lots for single-family dwellings shall meet
presented for further action. bulk regulations set forth in the Zoning
Ordinance for the R-1 Single-Family Resi-
dential District.
(OFFICIAL PUBLICATION)
C.Performance Standards.
ORDINANCE NO. 62-97
The development and maintenance of uses
AN ORDINANCE AMENDING APPENDIX A
in this PUD District shall be established in
(THE ZONING ORDINANCE) OF THE CITY
conformance with Section 3-5.5 of the
OF DUBUQUE CODE OF ORDINANCES
Zoning Ordinance and the following stan-
PROVIDING FOR THE AMENDMENT OF
Regular Session, November 3, 1997
dards:cepted as part of this reclassification ap-
1)Proposed public streets in the Plannedproval within ten (10) days after the adop-
Residential development shall be designedtion of this ordinance. This ordinance shall
and built to City Engineering specifications.be binding upon the undersigned and
2)Erosion control devices shall be providedhis/her heirs, successors and assigns.
during all phases of construction of theSection 3. The foregoing amendment has
Planned Residential development.heretofore been reviewed by the Zoning Com-
3)Parking requirements for allowed usesmission of the City of Dubuque, Iowa.
shall be as per the parking group for theSection 4. The foregoing amendment shall
designated use, in accordance with Sectiontake effect upon publication, as provided by
4-2 of the Zoning Ordinance.law.
4)Sidewalks shall be provided adjoining allPassed, approved and adopted this 3rd day
public streets including Starlight Drive.of November, 1997.
5)Storm water detention facilities will beTerrance M. Duggan, Mayor
installed as per City Engineering require-ATTEST: Mary A. Davis, City Clerk
ments.ACCEPTANCE OF ORDINANCE
6)Final site development plans shall be sub-NO. 62-97
mitted in accordance with Section 4-4 ofI, Richard V. Hansel, property owner, and
the Zoning Ordinance of the City of Du-I, Charles V. Heath, authorized member repre-
buque, Iowa, prior to construction of anysenting Horizon Development Group, Inc.,
buildings.which has an option to purchase the subject
D.Open Space and Recreational Areasproperty, having read the terms and conditions
Open space and landscaping in the PUDof the foregoing Ordinance No. 62-97 and
District shall be regulated as follows:being familiar with the conditions thereof,
1)Those areas not designated on the concep-hereby accept the same and agree to the
tual plan for development shall be main-conditions required therein.
tained as open space, as defined by Sec-Dated this 3rd day of November, 1997.
tion 8 of the Zoning Ordinance, by theBy: /s/Richard V. Hansel
property owner and/or association.By: /s/ Charles V. Heath
E.Sign Regulations.Published officially in the Telegraph Herald
Signs in the PUD District shall be regulatednewspaper this 7th day of November, 1997.
as follows:
1t 11/7Mary A. Davis CMC, City Clerk
1)Signs shall be allowed in the Planned
Council Member Voetberg moved final
Residential development in accordance
consideration and passage of the Ordinance.
with the R-1 sign regulations of the Zoning
Seconded by Council Member Nicholson.
Ordinance.
Motion carried 7-0.
F.Additional Standards.
1)That all previously approved conceptual
An Ordinance Amending Ordinance No. 8-
development plans are hereby amended to
96, which adopted regulations for property
allow for the attached conceptual develop-
located at 395 Cedar Cross Road, located in
ment plan.
a PUD Planned Unit Development District with
2)That the attached conceptual development
a PC Planned Commercial Designation, pre-
plan shall constitute a preliminary subdivi-
sented and read.
sion plat, in accordance with Chapter 42,
Subdivision Regulations, of the City of
(OFFICIAL PUBLICATION)
Dubuque Code of Ordinances.
ORDINANCE NO. 63-97
G. Transfer of Ownership
AN ORDINANCE AMENDING APPENDIX A
Transfer of ownership or lease of property
(THE ZONING ORDINANCE) OF THE CITY
in this PUD District shall include in the
OF DUBUQUE CODE OF ORDINANCES
transfer or lease agreement a provision that
PROVIDING FOR THE AMENDMENT OF
the purchaser or lessee acknowledges
ORDINANCE 8-96, WHICH ADOPTED REG-
awareness of the conditions authorizing the
ULATIONS FOR HEREINAFTER DE-
establishment of the district.
SCRIBED PROPERTY LOCATED AT 395
H.Reclassification of Subject Property. CEDAR CROSS ROAD, LOCATED IN A
The City of Dubuque, Iowa, may initiatePUD PLANNED UNIT DEVELOPMENT
zoning reclassification proceedings to theDISTRICT WITH A PC PLANNED COM-
AG Agricultural District in accordance withMERCIAL DESIGNATION.
Section 6 of the Zoning Ordinance if theNOW, THEREFORE, BE IT ORDAINED
property owner(s) fail(s) to complete orBY THE CITY COUNCIL OF THE CITY OF
maintain any of the conditions of this ordi-DUBUQUE, IOWA:
nance.Section 1. Appendix A (the Zoning Ordi-
I.Modifications.nance) of the City of Dubuque Code of Ordi-
Any modifications of this Ordinance mustnances is hereby amended by amending
be approved by the City Council in accor-Ordinance 8-96, which adopted regulations for
dance with zoning reclassification proceed-
the property described below and located at
ings of Section 6 of the Zoning Ordinance.
395 Cedar Cross Road in a PUD Planned Unit
J.Recording.
Development District with a PC Planned
A copy of this ordinance shall be recorded
Commercial designation and adopting a con-
at the expense of the property owner(s)
ceptual development plan, a copy of which is
with the Dubuque County Recorder as a
attached to and made a part hereof, with
permanent record of the conditions ac-
conditions as stated below, to wit:
Regular Session, November 3, 1997
Lot 4 of Hansel’s addition and to the centernance.
line of the adjoining public right-of-way, all4)Sidewalks shall be provided adjoining all
in the City of Dubuque, Iowa.public streets including Starlight Drive and
Section 2. Pursuant to Iowa Code SectionCedar Cross Road.
414.5 (1993), and as an express condition of5)Storm water detention facilities will be
the reclassification, the undersigned propertyinstalled as per City Engineering require-
owner(s) agree(s) to the following conditions,ments.
all of which the property owner(s) further6)Final site development plans shall be sub-
agree(s) are reasonable and imposed to sat-mitted in accordance with Section 4-4 of the
isfy the public needs that are caused directlyZoning Ordinance of the City of Dubuque,
by the zoning reclassification:Iowa, prior to construction of any buildings.
A.Use Regulations.No commercial building shall be constructed
The following regulations shall apply to allunless it was included in final site develop-
uses made of land in the above describedment plans submitted on a building by building
PUD District:basis as the site develops and approved by
1)Principal permitted uses of the PC Plannedthe Zoning Advisory Commission and City
Commercial development shall be limitedCouncil.
to: D.Open Space and Recreational Areas
a)Public or quasi-public utilities includingOpen space and landscaping in the PUD
substations—[47].District shall be regulated as follows:
b)Mortuary/funeral home-[6].1)A screen of deciduous and evergreen trees
c)General office—[14].shall be planted along Starlight Drive and
d)Medical office/clinic—[36].Cedar Cross Road to act as a buffer between
e)Dental/medical lab—[8].the proposed Planned Commercial develop-
f)Barber/beauty shops—[16].ment and the adjacent existing residential
g)Retail sales/service—[17].development. Evergreen screening to be 6
h)Laundry/dry cleaner—[19].feet in height within three growing seasons
I)Shoe repair—[18].shall be planted 5 feet on center in this buffer.
j)Indoor restaurant—[20].2)Those areas not designated on the concep-
k)Supermarket—[17].tual plan for development shall be maintained
l)Tailoring/alterations—[18].as open space, as defined by Section 8 of the
m) Furniture/home furnishing—[27].Zoning Ordinance, by the property owner
n)Appliance sales/service—[27].and/or association.
o)Drive-up automated bank teller—[8].3) Building pads shall be maintained below the
p)Animal hospital/clinic—[23].grade of Cedar Cross Road and Starlight
q)Photographic studio—[23].Drive.
r)Neighborhood shopping center—[17].E.Sign Regulations.
s)Business services—[29].Signs in the PUD District shall be regulated as
t)Banks/savings and loans, credit un-follows:
ions—[31].1)Signs shall be allowed in the Planned
u)Indoor amusement center—[23].Commercial development in accordance with
v)Indoor recreation facilities—[37].the C-2 sign regulations of Section 4-3.11 of
[ ]Parking group as per Section 4-2 of thethe Zoning Ordinance.
Zoning Ordinance.F.Additional Standards.
2)Accessory uses shall include any use1)That all previously approved conceptual
customarily incidental and subordinate to thedevelopment plans are hereby amended to
principal use it serves.allow for the attached conceptual development
B.Lot and Bulk Regulations.plan.
Development of land in the PUD District shallG.Transfer of Ownership
be regulated as follows:Transfer of ownership or lease of property in
1)All buildings and structures in the Plannedthis PUD District shall include in the transfer
Commercial development shall meet bulkor lease agreement a provision that the pur-
regulations set forth in the Zoning Ordinancechaser or lessee acknowledges awareness of
for the C-2 Neighborhood Shopping Centerthe conditions authorizing the establishment of
District, with the exception that building heightthe district.
shall be limited to 25 feet. H.Reclassification of Subject Property.
C.Performance Standards.The City of Dubuque, Iowa, may initiate zoning
The development and maintenance of uses inreclassification proceedings to the AG Agricul-
this PUD District shall be established in con-tural District in accordance with Section 6 of
formance with Section 3-5.5 of the Zoningthe Zoning Ordinance if the property owner(s)
Ordinance and the following standards:fail(s) to complete or maintain any of the
1)Proposed public streets in the Plannedconditions of this ordinance.
Commercial development shall be designedI. Modifications.
and built to City Engineering specifications.Any modifications of this Ordinance must be
2)Erosion control devices shall be providedapproved by the City Council in accordance
during all phases of construction of the Plan-with zoning reclassification proceedings of
ned Commercial development.Section 6 of the Zoning Ordinance.
3)Parking requirements for allowed uses inJ.Recording.
the PC developments shall be as per theA copy of this ordinance shall be recorded at
parking group for the designated use, in ac-the expense of the property owner(s) with the
cordance with Section 4-2 of the Zoning Ordi-Dubuque County Recorder as a permanent
Regular Session, November 3, 1997
record of the conditions accepted as part ofAttest: Mary A. Davis, City Clerk
this reclassification approval within ten (10)Council Member Michalski moved adoption
days after the adoption of this ordinance. Thisof the Resolution. Seconded by Council
ordinance shall be binding upon the under-Member Buol. Motion carried 7-0.
signed and his/her heirs, successors and
assigns.RESOLUTION NO. 456-97
Section 3. The foregoing amendment hasRESOLUTION WITH RESPECT TO THE
heretofore been reviewed by the Zoning Com-ADOPTION OF THE RESOLUTION OF
mission of the City of Dubuque, Iowa.NECESSITY PROPOSED FOR THE FRE-
Section 4. The foregoing amendment shallMONT AVENUE SANITARY SEWER EX-
take effect upon publication, as provided byTENSION
law.Whereas, the City Council has proposed a
Passed, approved and adopted this 3rd dayResolution of Necessity for the Fremont Ave-
of November, 1997.nue Sanitary Sewer Extension, has given
Terrance M. Duggan, Mayornotice of the public hearing thereon as re-
ATTEST: Mary A. Davis, City Clerkquired by law; and
ACCEPTANCE OF ORDINANCEWhereas, the public hearing has been held,
NO. 63-97all persons offering objections have been
I, Richard V. Hansel, property owner,heard and consideration given to all objections
having read the terms and conditions of theand is pending before this Council; and
foregoing Ordinance No. 63-97 and beingWhereas, this is the time and place set as
familiar with the conditions thereof, herebyprovided for the taking of action on the pro-
accept the same and agree to the conditionsposed Resolution of Necessity.
required therein.NOW THEREFORE, BE IT RESOLVED
Dated this 3rd day of November, 1997.BY THE CITY COUNCIL OF THE CITY OF
By /s/ Richard V. HanselDUBUQUE, IOWA:
Published officially in the Telegraph HeraldThat the proposed Resolution of Necessity
newspaper this 7th day of November, 1997.described above is hereby:
1t 11/7Mary A. Davis CMC, City Clerk Adopted, without amendment, and all ob-
Council Member Voetberg moved that thejections filed or made having been dully
requirement that a proposed Ordinance beconsidered are overruled.
Passed, adopted and approved this 3rd day
considered and voted on for passage at two
of November, 1997.
Council Meetings prior to the meeting at which
Terrance M. Duggan, Mayor
it is to be finally passed be suspended. Sec-
Attest: Mary A. Davis, City Clerk
onded by Council Member Nicholson. Motion
Council Member Michalski moved adoption
carried 7-0. Council Member Voetberg moved
of the Resolution. Seconded by Council
final consideration and passage of the Ordi-
Member Buol. Motion carried 7-0.
nance. Seconded by Council Member Nichol-
son. Motion carried 7-0.
RESOLUTION NO. 457-97
ORDERING BIDS
Proofs of Publication on Notice of Hearing
NOW THEREFORE, BE IT RESOLVED
on Plans & Specifications and Notice to Prop-
BY THE COUNCIL OF THE CITY OF DU-
erty Owners regarding Resolution of Necessity
BUQUE, IOWA:
for Fremont Avenue Sanitary Sewer Exten-
That the Fremont Avenue Sanitary Sewer
sion, presented and read. Council Member
Extension is hereby ordered to be advertised
Michalski moved that the communication be
for bids for construction.
received and filed. Seconded by Council
BE IT FURTHER RESOLVED, that the
Member Buol. Motion carried 7-0.
amount of the security to accompany each bid
shall be in an amount which shall conform to
RESOLUTION NO. 455-97
the provisions of the notice to bidders hereby
RESOLUTION ADOPTING
approved as a part of the plans and specifica-
PLANS AND SPECIFICATIONS
tions heretofore adopted.
Whereas, on the 1st day of October, 1997,
plans, specifications, form of contract andThat the City Clerk is hereby directed to
estimated cost were filed with the City Clerk ofadvertise for bids for the construction of the
Dubuque, Iowa for the Fremont Avenue Sani-improvements herein provided, to be published
tary Sewer Extension.in a newspaper having general circulation in
Whereas, notice of hearing on plans, speci-the City of Dubuque, Iowa, which notice shall
fications, form of contract, and estimated costnot be less than four days nor more than
was published as required by law.twenty days prior to the receipt of said bids at
NOW THEREFORE, BE IT RESOLVED2:00 p.m. on the 12th day of November, 1997.
BY THE CITY COUNCIL OF THE CITY OFBids shall be opened and read by the City
DUBUQUE, IOWA:Clerk at said time and will be submitted to the
That the said plans, specifications, form ofCouncil for final action at 7:00 p.m. on the
17th day of November, 1997.
contract and estimated cost are hereby ap-
Passed, adopted and approved this 3rd day
proved as the plans, specifications, form of
of November, 1997.
contract and estimated cost for said improve-
Terrance M. Duggan, Mayor
ments for said project.
Attest: Mary A. Davis, City Clerk
Passed, adopted and approved this 3rd day
Council Member Michalski moved adoption
of November, 1997.
of the Resolution. Seconded by Council
Terrance M. Duggan, Mayor
Regular Session, November 3, 1997
Member Buol. Motion carried 7-0. CONNECTION WITH SAID URBAN RE-
NEWAL REDEVELOPMENT PROJECT.
Proof of publication certified to by theWhereas, the City Council of the City of
Publisher on Notice of Public Hearing on theDubuque, Iowa, after public notice and hearing
Ice Harbor Walkway and Transient Boatas prescribed by law and pursuant to Resolu-
Docks; Long Range Planning Advisory Com-tion No. 314-97 passed and approved on the
mission recommending concept designs for21st day of July, 1997, adopted an Urban
the Ice harbor Walkway and boat docks beRenewal Plan (the “Urban
approved, presented and read. Council Mem-Renewal Plan”) for an urban renewal area
ber Buol moved that the proof and communi-known as the East 7th Street
cation be received and filed. Seconded byEconomic Development District (the “Urban
Council Member Robbins. Motion carried 7-0.Renewal Project Area”), which Urban Renewal
Project Area includes the lots and parcels
located within the area legally described as
A representative from the Julien Dubuquefollows:
Yacht Club spoke about specifics of the pro-Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot
ject. Jerry Enzler of the Mississippi Museum1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13
and Historical Society spoke endorsing pro-and 14; Block 16 Lots 1, 2, 3, 4 and 5; and
ject. Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15,
City Manager recommending final approvalLot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot
on design concepts for Ice Harbor Walkway2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of
and Boat Docks and Mississippi RiverwalkLot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lot
and Amenities Project, presented and read.2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26,
Council Member Buol moved that the commu-Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of Lot
nication be received and filed and approved29, Lot 3 of Lot 30, Lot 3 of Lot 311, Lot 3
recommendation, as modified. Seconded byof Lot 32 all in the Dubuque Harbor Im-
Council Member Robbins. Motion carried 7-0.provement Co’s Addition, Township 89
North, Range 3 East of the 5th P.M., Du-
buque County, Iowa and any adjoining
City Manager requesting name be chosenpublic right-of-way.
for new frontage road created from HighwayWhereas, expenditures and indebtedness
20, other than Booth Street, presented andare anticipated to be incurred by the City of
read. Council Member Michalski moved thatDubuque, Iowa in the future to finance urban
it be named YM/YW Drive. Seconded byrenewal project activities carried out in further-
Robbins. Motion carried 7-0. ance of the objectives of the Urban Renewal
Plan; and
City Manager submitting Tax IncrementWhereas, the City Council of the City of
Ordinance for East 7th St. Economic Develop-Dubuque, Iowa desires to provide for the
ment District, presented and read. Councildivision of revenue from taxation in the Urban
Member Buol moved that the communicationRenewal Project Area, as above described, in
be received and filed. Seconded by Councilaccordance with the provisions of Section
Member Nicholson. Motion carried 7-0. 403.19 of the Code of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED
An Ordinance Providing that General Prop-BY THE CITY COUNCIL OF THE CITY OF
erty Taxes levied and collected each year onDUBUQUE, IOWA;
all property located within East 7th StreetSection 1. That the taxes levied on the
Economic Development District be paid to ataxable property in the Urban Renewal Project
Special Funds for payment in connection withArea legally described in the preamble hereof,
said Urban Renewal Development project,by and for the benefit of the State of Iowa, City
presented and read. of Dubuque, County of Dubuque, Dubuque
Community School District, and all other
(OFFICIAL PUBLICATION)taxing districts from and after the effective
ORDINANCE NO. 64-97date of this Ordinance shall be dived as here-
AN ORDINANCE PROVIDING THAT GEN-inafter in this Ordinance provided.
ERAL PROPERTY TAXES LEVIED ANDSection 2. That portion of the taxes which
COLLECTED EACH YEAR ON ALL PROP-would be produced by the rate at which the tax
ERTY LOCATED WITHIN THE EAST 7THis levied each year by or for each of the taxing
STREET ECONOMIC DEVELOPMENTdistricts upon the total sum of the assessed
DISTRICT, IN THE CITY OF DUBUQUE,value of the taxable property in the Urban
COUNTY OF DUBUQUE, STATE OF IOWA,Renewal Project Area, as shown on the as-
BY AND FOR THE BENEFIT OF THEsessment roll as of January 1 of the calendar
STATE OF IOWA, CITY OF DUBUQUE,year preceding the first calendar year in which
COUNTY OF DUBUQUE, DUBUQUE COM-the City of Dubuque certifies to the County
MUNITY SCHOOL DISTRICT AND OTHERAuditor the amount of loans, advances, indebt-
TAXING DISTRICTS, BE PAID TO A SPE-edness, or bonds payable from the division of
CIAL FUND FOR PAYMENT OF PRINCIPALproperty tax revenue described herein (which
AND INTEREST ON LOANS, MONIEScertification is directed to be made at such
ADVANCED TO AND INDEBTEDNESS,time as the City Manager shall determine, in
INCLUDING BONDS ISSUED OR TO BEhis discretion, based on the needs of the
ISSUED, INCURRED BY SAID CITY INUrban Renewal Project Area and the objec-
Regular Session, November 3, 1997
tives of the Urban Renewal Plan), shall bePublished officially in the Telegraph Herald
allocated to and when collected be paid into
newspaper this 7th day of November, 1997.
the fund for the respective taxing district as
1t 11/7Mary A. Davis CMC, City Clerk
taxes by or for the taxing district into which all
Council Member Buol moved that the
other property taxes are paid.
requirement that a proposed Ordinance be
Section 3. That portion of the taxes each
considered and voted on for passage at two
year in excess of the base period taxes deter-
Council Meetings prior to the meeting at which
mined as provided in Section 2 of this Ordi-
it is to be finally passed be suspended. Sec-
nance shall be allocated to and when collected
onded by Council Member Nicholson. Motion
be paid into a special tax increment fund of the
carried 7-0. Council Member Buol moved
City of Dubuque, Iowa hereby established, to
final consideration and passage of the Ordi-
pay the principal of and interest on loans,
nance. Seconded by Council Member Nichol-
monies advanced to, indebtedness, whether
son. Motion carried 7-0.
funded, refunded, assumed or otherwise,
including bonds or obligations issued under
City Manager submitting Tax Increment
the authority of Section 403.9 or 403.12 of the
Ordinance for Dubuque Industrial Center
Code of Iowa, as amended, incurred by the
South District, presented and read. Council
City of Dubuque, Iowa, to finance or refinance,
Member Buol moved that the communication
in whole or in part, urban renewal projects
be received and filed. Seconded by Council
undertaken within the Urban Renewal ProjectMember Nicholson. Motion carried 7-0.
Area pursuant to the Urban Renewal Plan,
except that taxes for the payment of bondsAn Ordinance Providing that General prop-
and interest of each taxing district shall beerty taxes levied and collected each year on all
collected against all taxable property within theproperty located within Dubuque Industrial
Urban Renewal Project Area without anyCenter South District be paid to a Special
limitation as hereinabove provided.Funds for payment in connection with said
Section 4. Unless or until the total as-Urban Renewal Development project, pre-
sessed valuation of the taxable property in thesented and read.
Urban Renewal Project Area exceeds the total
assessed value of the taxable property in the(OFFICIAL PUBLICATION)
Urban Renewal Area as shown by the assess-ORDINANCE NO. 65-97
ment roll referred to in Section 2 of this Ordi-
AN ORDINANCE PROVIDING THAT GEN-
nance, all of the taxes levied and collected
ERAL PROPERTY TAXES LEVIED AND
upon the taxable property in the Urban Re-
COLLECTED EACH YEAR ON ALL PROP-
newal Project Area shall be paid into the funds
ERTY LOCATED WITHIN THE DUBUQUE
for the respective taxing districts as taxes by
INDUSTRIAL CENTER/SOUTH ECONOMIC
or for said taxing districts in the same manner
DEVELOPMENT DISTRICT, IN THE CITY
as all other property taxes.
OF DUBUQUE, COUNTY OF DUBUQUE,
Section 5. At such time as the loans,
STATE OF IOWA, BY AND FOR THE BEN-
advances, indebtedness, bonds and interest
EFIT OF THE STATE OF IOWA, CITY OF
thereon of the City of Dubuque, Iowa referred
DUBUQUE, COUNTY OF DUBUQUE, DU-
to in Section 3 hereof have been paid, all
BUQUE COMMUNITY SCHOOL DISTRICT
monies thereafter received from taxes upon
AND OTHER TAXING DISTRICTS, BE PAID
the taxable property in the Urban Renewal
TO A SPECIAL FUND FOR PAYMENT OF
Project Area shall be paid into the funds for
PRINCIPAL AND INTEREST ON LOANS,
the respective taxing districts in the same
MONIES ADVANCED TO AND INDEBTED-
manner as taxes on all other property.
NESS, INCLUDING BONDS ISSUED OR TO
Section 6. All ordinances or parts of ordi-
BE ISSUED, INCURRED BY SAID CITY IN
nances in conflict with the provisions of this
CONNECTION WITH SAID URBAN RE-
Ordinance are hereby repealed. The provi-
NEWAL REDEVELOPMENT PROJECT.
sions of this Ordinance are intended and shall
Whereas, the City Council of the City of
be construed so as to fully implement the
Dubuque, Iowa, after public notice and hearing
provisions of Section 403.19 of the Code of
as prescribed by law and pursuant to Resolu-
Iowa, as amended, with respect to the divisiontion No. 141-97 passed and approved on the
of taxes from property within the Urban Re-7th day of April, 1997, adopted an Urban
newal Project Area as described above. In theRenewal Plan (the “Urban Renewal Plan”) for
event that any provision of this Ordinance shallan urban renewal area known as the Dubuque
be determined to be contrary to law, it shall notIndustrial Center/South Economic Develop-
affect other provisions or application of thisment District (the “Urban Renewal project
Ordinance which shall at all times be con-Area”), which Urban Renewal project Area
strued to fully invoke the provisions of Sectionincludes the lots and parcels located within the
403.19 of the Code of Iowa with reference toarea legally described as follows:
the Urban Renewal Project Area and theLot 2-1-1 of the NE 1/4 of the SW 1/4, Lot 2 of
territory contained therein.the NE 1/4 of the SW 1/4, Lot 1-1-1 of the NE
Section 7. This Ordinance shall be in
1/4 of the SW 1/4, Lot 1-1-8 of the SE 1/4,
effect after its final passage, approval and
and the SE 1/4 of the SW 1/4, all in Section
publication as provided by law.
12, Township 88 North, Range 2 East, Fifth
Passed, adopted and approved this 3rd day
Principal Meridian, in Dubuque County, Iowa
of November, 1997.
and any adjoining public right-of-way
Terrance M. Duggan, Mayor
Whereas, expenditures and indebtedness
Attest: Mary A. Davis, City Clerk
are anticipated to be incurred by the City of
Regular Session, November 3, 1997
Dubuque, Iowa in the future to finance urbanupon the taxable property in the Urban Re-
renewal project activities carried out in further-newal Project Area shall be paid into the funds
ance of the objectives of the Urban Renewalfor the respective taxing districts as taxes by
Plan; andand for said taxing districts in the same man-
Whereas, the City Council of the City ofner as all other property taxes.
Dubuque, Iowa desires to provide for theSection 5. At such time as the loans,
division of revenue from taxation in the Urbanadvances, indebtedness, bonds and interest
Renewal Project Area, as above described, inthereon of the City of Dubuque, Iowa referred
accordance with the provisions of Sectionto in Section 3 hereof have been paid, all
403.19 of the Code of Iowa, as amended.monies thereafter received from taxes upon
NOW, THEREFORE, BE IT ORDAINEDthe taxable property in the Urban Renewal
BY THE CITY COUNCIL OF THE CITY OFProject Area shall be paid into the funds for
DUBUQUE, IOWA;the respective taxing districts in the same
Section 1. That the taxes levied on themanner as taxes on all other property.
taxable property in the Urban Renewal ProjectSection 6. All ordinances or parts of ordi-
Area legally described in the preamble hereof,nances in conflict with the provisions of this
by and for the benefit of the State of Iowa, CityOrdinance are hereby repealed. The provi-
of Dubuque, County of Dubuque, Dubuquesions of this Ordinance are intended and shall
Community School District, and all otherbe construed so as to fully implement the
taxing districts from and after the effectiveprovisions of Section 403.19 of the Code of
date of this Ordinance shall be divided asIowa, as amended, with respect to the division
hereinafter in this Ordinance provided.of taxes from property within the Urban Re-
Section 2. That portion of the taxes whichnewal Project Area as described above. In the
would be produced by the rate at which the taxevent that any provision of this Ordinance shall
is levied each year by or for each of the taxingbe determined to be contrary to law, it shall not
districts upon the total sum of the assessedaffect other provisions or application of this
value of the taxable property in the Urbanordinance which shall at all times be con-
Renewal Project Area, as shown on the as-strued to fully invoke the provisions of Section
sessment roll as of January 1 of the calendar403.19 of the Code of Iowa with reference to
year preceding the first calendar year in whichthe Urban Renewal Project Area and the
the City of Dubuque certifies to the Countyterritory contained therein.
Auditor the amount of loans, advances, indebt-Section 7. This Ordinance shall be in
edness, or bonds payable from the division ofeffect after its final passage, approval and
property tax revenue described herein (whichpublication as provided by law.
certification is directed to be made at suchPassed, approved and adopted this 3rd day
time as the City Manager shall determine, inof November, 1997.
his discretion, based on the needs of theTerrance M. Duggan, Mayor
Urban Renewal Project Area and the objec-Attest: Mary A. Davis, City Clerk
tives of the Urban Renewal Plan), shall bePublished officially in the Telegraph Herald
allocated to and when collected be paid intonewspaper this 7th day of November, 1997.
the fund for the respective taxing district as1t 11/7Mary A. Davis CMC, City Clerk
taxes by or for the taxing district into which allCouncil Member Buol moved that the
other property taxes are paid.requirement that a proposed Ordinance be
Section 3. That portion of the taxes eachconsidered and voted on for passage at two
year in excess of the base period taxes deter-Council Meetings prior to the meeting at which
mine as provided in Section 2 of this Ordi-it is to be finally passed be suspended. Sec-
nance shall be allocated to and when collectedonded by Council Member Nicholson. Motion
be paid into a special tax increment fund of thecarried 7-0. Council Member Buol moved
City of Dubuque, Iowa hereby established, tofinal consideration and passage of the Ordi-
pay the principal of and interest on loans,nance. Seconded by Council Member Nichol-
monies advanced to, indebtedness, whetherson. Motion carried 7-0.
funded, refunded, assumed or otherwise,
including bonds or obligations issued underCity Manager recommending approval of
the authority of Section 403.9 or 403.12 of theEngineering Services contract for County
Code of Iowa, as amended, incurred by theFarm Industrial Park Water Line service,
City of Dubuque, Iowa to finance or refinance,presented and read. Council Member Mi-
in whole or in part, urban renewal projectschalski moved that the communication be
undertaken within the Urban Renewal Projectreceived and filed and contract approved.
Area pursuant to the Urban Renewal Plan,Seconded by Council Member Buol. Motion
except that taxes for the payment of bondscarried 7-0.
and interest of each taxing district shall be
collected against all taxable property within theCity Manager submitting revisions to Down-
Urban Renewal Project Area without anytown Rehabilitation Loan Program, presented
limitation as hereinabove provided.and read. Council Member Buol moved that
Section 4. Unless or until the total as-the communication be received and filed.
sessed valuation of the taxable property in theSeconded by Council Member Voetberg.
Urban Renewal Project Area exceeds the totalMotion carried 7-0.
assessed value of the taxable property in the
Urban Renewal Project Area as shown by theRESOLUTION NO. 458-97
assessment roll referred to in Section 2 of thisA RESOLUTION APPROVING AMEND-
Ordinance, all of the taxes levied and collectedMENTS TO THE PROGRAM GUIDELINES
Regular Session, November 3, 1997
FOR THE DOWNTOWN REHABILITATION
LOAN PROGRAM AND AUTHORIZING
ADDITIONAL CAPITALIZATION THEREOF.
Whereas, on December 20, 1993, the City
Council of the City of Dubuque, Iowa estab-
lished a Downtown Rehabilitation Loan Pro-
gram (the "Loan Program") to provide financial
incentives to further the goals and objectives
of the Downtown Urban Renewal Plan; and
Whereas, the City Council has previously
authorized the capitalization of the Loan Pro-
gram in an amount totaling $847,000; and
Whereas, the Old Main Task Force and
other property owners in the Downtown Du-
buque Urban Renewal District have indicated
their desire to utilize the Loan Program subject
to the proposed changes in the Program
Guidelines; and
Whereas, the City Council finds that con-
tinuation and expansion of the Loan Program
is necessary to effectuate the purposes of
Iowa Code Chapter 403, the Urban Renewal
Law, and the goals of the Amended and Re-
stated Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District; and
Whereas, certain amendments to the Loan
Program will provide the resources and incen-
tives needed to spur reinvestment in the down-
town; and
Whereas, the City Council is prepared to
provide additional capitalization for the Loan
Program provided these funds are reimbursed
through the proceeds of the Downtown Du-
buque Urban Renewal Tax Increment Financ-
ing District as amended.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Program Guidelines for
the Downtown Rehabilitation Loan Program as
amended and attached hereto are hereby
approved.
Section 2. That the City Manager is hereby
authorized to use up to 75% of the tax incre-
ment revenues generated from the district to
provide $568,000 in additional funds through
tax increment financing borrowing either
internally or externally to continue and expand
the Downtown Rehabilitation Loan Program,
provided any such funds so advanced shall be
repaid from the proceeds of the Downtown
Dubuque Urban Renewal Tax Increment
Financing District as amended.
Section 3. That the City Manager is hereby
authorized and directed to administer these
additional funds in accordance with the Loan
Program Guidelines as amended by this City
Council.
Passed, approved and adopted this 3rd day
of November, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
City Manager requesting approval of Fiscal
Year 1999 Budget Guidelines, presented and
read. Council Member Voetberg moved that
the communication be received and filed and
adopt the Guidelines. Seconded by Council
Member Nicholson. Motion carried 7-0.
City Manager submitting documents provid-
ing for an amendment to the 1997 PCC Pav-
ing Project (Fiscal Year 1998), presented and
read. Council Member Michalski moved that
the communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 459-97
RESOLUTION AMENDING RESOLUTION
OF NECESSITY NO. 173-97 FOR THE 1997
P.C. CONCRETE PAVING PROJECT
Whereas, on the 21st day of April, 1997,
the City Council of the City of Dubuque, Iowa
adopted Resolution of Necessity No. 173-97
for the 1997 P.C. Concrete Paving Project;
and
Whereas, in the course of the construction
it was found necessary to install a new City
watermain in Spruce Street between Univer-
sity Avenue and Jefferson Street and that two
additional lead water service laterals required
replacement; and
Whereas, in order to construct said water -
main, abandon said lead water service laterals
and install three separate copper service
laterals as required by Plumbing Code, a new
preliminary plat and schedule has been pre-
pared showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the
1997 P.C. Concrete Paving Project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council deems it
advisable and necessary for the public welfare
to make the herein mentioned improvements,
and unless property owners at the time of the
final consideration of this proposed resolution
have on file with the City Clerk objections to
the amendments to Resolution of Necessity
No. 173-97, they shall be deemed to have
waived all objections pertaining to the regular-
ity of the proceeding and the legality of using
the special assessment procedure.
That the cost and expense of extending the
public watermain and three copper water
service laterals will be assessed against the
benefitted properties, in an amount not to
exceed that provided by law, and in proportion
to the special benefits conferred.
The portion of the cost which shall be
borne by the City will be paid from Local Op-
tion Sales Tax Funds, and Special Assess-
ment Bonds may be issued in anticipation of
deferred payments of assessments when a
contract has been performed and accepted,
and the proceeds thereof used to pay the
contractor.
The above resolution was introduced,
approved and order placed on file with the City
Clerk this 3rd day of November, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Regular Session, November 3, 1997
RESOLUTION NO. 460-97Passed, approved and adopted this 3rd day
FIXING DATE OF HEARING ON AMEND-of November, 1997.
MENT TO RESOLUTION OF NECESSITYTerrance M. Duggan, Mayor
NO. 173-97 FOR THE 1997 P.C. CON-Attest: Mary A. Davis, City Clerk
CRETE PAVING PROJECTCouncil Member Michalski moved adoption
Whereas, the City Council of the City ofof the Resolution. Seconded by Council
Dubuque, Iowa, has given its preliminaryMember Buol. Motion carried 7-0.
approval on the proposed plans, specifications
and form of contract and placed same on fileCity Manager requesting public hearing be
in the office of the City Clerk for public inspec-set on Assessment Agreement with Weber
tion, for the 1997 PC Concrete Paving Project;Paper Company, presented and read. Council
and,Member Buol moved that the communication
Whereas, the proposed amendment tobe received and filed. Seconded by Council
Resolution of Necessity No. 173-97 for saidMember Robbins. Motion carried 7-0.
improvement has been introduced and is now
on file in the City Clerk's office for publicRESOLUTION NO. 462-97
inspection.A RESOLUTION FIXING DATE FOR A
NOW THEREFORE, BE IT RESOLVEDMEETING ON THE PROPOSITION OF THE
BY THE CITY COUNCIL OF THE CITY OFISSUANCE OF NOT TO EXCEED $150,000
DUBUQUE, IOWA:IN URBAN RENEWAL TAX INCREMENT
That on the 1st day of December, 1997, aREVENUE OBLIGATIONS AND EXECU-
public hearing will be held at 7:00 o'clock p.m.TION OF AGREEMENTS RELATING
in the Public Library Auditorium in the City ofTHERETO AND PROVIDING FOR PUBLI-
Dubuque at which time the owners of propertyCATION OF NOTICE THEREOF.
subject to assessment for the proposed im-Whereas, it is deemed necessary and
provement or any other person having anadvisable that the City of Dubuque, Iowa,
interest in the matter may appear and be heardshould issue Urban Renewal Tax Increment
for or against the making of the improvement,Revenue obligations to the amount not to
the boundaries of the district, the cost, theexceed $150,000, as authorized by Chapter
assessment against any lot, or the final adop-403 of the Code of Iowa, and to enter into one
tion of an amendment to Resolution of Neces-or more agreements relating thereto, for the
sity No. 173-97 and the City Clerk be and is
purpose of carrying out a project as hereinaf-
hereby authorized and directed to cause a
ter described; and
notice of time and place of such hearing to be
Whereas, neither Chapter 403 nor any
published in a newspaper having general
other code provisions set forth any procedural
circulation in the City of Dubuque, Iowa, which
action required to be taken before said obliga-
notice shall be published once each week for
tion may be approved, and pursuant to Section
two consecutive weeks, the first publication of
364.6 of the Code of Iowa, it is determined
which shall be not less than ten days prior to
that the procedure specified in Code Section
the day fixed for its consideration. Unless
384.25 shall apply and it is deemed sufficient
property owners at the time of the final consid-
that the action hereinafter described be taken
eration of this proposed resolution have on file
and the Clerk publish a notice of the proposal
with the City Clerk objections to the amend-
and of the time and place of the meeting at
ment to Resolution of Necessity No. 173-97
which the Council proposes to take action
they shall be deemed to have waived all objec-
thereon and to receive oral and/or written
tions thereto.
objections from any resident or property owner
Passed, adopted and approved this 3rd day
of said City to such action.
of November, 1997.
NOW THEREFORE, BE IT RESOLVED
Terrance M. Duggan, Mayor
BY THE CITY COUNCIL OF THE CITY OF
Attest: Mary A. Davis, City Clerk
DUBUQUE, IOWA:
Council Member Michalski moved adoption
Section 1.That the Council meet in the
of the Resolution and set Hearing for 12-1-97
Auditorium of the Carnegie Stout Public Li-
at 7:00 p.m. in the Public Library Auditorium
brary in Dubuque, Iowa, at 7:00 p.m. on the
and that the City Clerk publish notice in the
17th day of November, 1997, for the purpose
manner prescribed by law. Seconded by
of taking action on the matter of the issuance
Council Member Buol. Motion carried 7-0.
of not to exceed $150,000 in Urban Renewal
Tax Increment Revenue obligations and the
RESOLUTION NO. 461-97
execution of one or more agreements relating
RESOLUTION AMENDING PRELIMINARY
thereto, the proceeds of which will be used to
SCHEDULE OF ASSESSMENTS FOR THE
carry out one or more of the special financing
1997 P.C. CONCRETE PAVING PROJECT
activities described in the Dubuque Industrial
NOW THEREFORE, BE IT RESOLVED
Center Economic Development District Urban
BY THE CITY COUNCIL OF THE CITY OF
Renewal Plan, including but not limited to the
DUBUQUE, IOWA:
funding of economic developments grants to
That the attached sheets, 1 to 1 inclusive,
private developers pursuant to one or more
are hereby added to the schedule of proposed
agreements entered into with such developers
assessments as adopted by Resolution No.
under the terms and conditions of said Urban
175-97 as filed in Treasurer's office on June
Renewal Plan.
5, 1997 for the 1997 PC Concrete Paving
Section 2.That the Clerk is hereby
Project and the valuations set out herein are
directed to cause at least one publication to be
hereby approved.
made of a notice of said meeting, in a legal
Regular Session, November 3, 1997
newspaper, printed wholly in the Englishfinal action on the disposition of the above
language, published at least once weekly, anddescribed real estate in the City of Dubuque,
having general circulation in said City, saidIowa.
publication to be not less than four clear daysSection 4. That the City Clerk be and she
nor more than twenty days before the date ofis hereby authorized and directed to cause a
said public meeting on the issuance of saidnotice of such public hearing and the City
obligations.Council’s intent to dispose of such property to
Section 3.The notice of the proposedbe published as prescribed under Iowa Code
action to issue said obligations shall be inSection 364.7.
substantially the form attached hereto.Passed, approved and adopted this 3rd day
Passed, approved and adopted this 3rd dayof November, 1997.
of November, 1997.Terrance M. Duggan, Mayor
Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk
Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved adoption
Council Member Buol moved adoption ofof the Resolution and set Public Hearing for
the Resolution and set Hearing for 11-17-97 at11-17-97 at 7:00 p.m. in the Public Library
7:00 p.m. in the Public Library Auditorium andAuditorium and direct the City Clerk to publish
that the City Clerk publish notice in the man-notice in the manner prescribed by law. Sec-
ner prescribed by law. Seconded by Councilonded by Council Member Robbins. Motion
Member Robbins. Motion carried 7-0. carried 7-0.
City Manager requesting public hearing beThere being no further business, Council
set to consider disposing of City’s interest inMember Buol moved to adjourn. Seconded by
property located at 659 W. 8th Street., pre-Council Member Robbins. Motion carried 7-0.
sented and read. Council Member VoetbergThe meeting adjourned at 10:04 p.m.
moved that the communication be received
and filed. Seconded by Council MemberMary A. Davis CMC
Robbins. Motion carried 7-0. City Clerk
RESOLUTION NO. 463-97
RESOLUTION OF INTENTION TO DISPOSEApproved , 1998
OF CITY-OWNED PROPERTY, SPECIFI-
CALLY, THE SOUTH ONE-HUNDRED FIVEAdopted , 1998
FEET (S105') OF LOT TWO (2) AND THE
SOUTH EIGHTY-FOUR FEET, THREE
INCHES (S84'3") OF LOT THREE (3),
BOTH OF THE SUBDIVISION OF LOTSMayor
EIGHTEEN, NINETEEN AND TWENTY (18,
19 AND 20) KELLY’S SUBDIVISION IN THE
CITY OF DUBUQUE, COUNTY OF DU-
BUQUE, IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF, ALSO
KNOWN AS 659 WEST 8TH STREET.
Whereas, the City of Dubuque purchased
certain real estate from Dubuque County,
Iowa; and
Whereas, bids have been received from
members of the general public in response to
a solicitation to purchase.
NOW, THEREFORE, BE IT RESOLVEDCouncil Members
BY THE CITY COUNCIL OF THE CITY OFAttest:
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the follow-City Clerk
ing legally-described property:
The South One-Hundred five feet (s105') of
Lot Two (2) and the South Eighty-four feet,
three inches (S84'3") of Lot three (3), both of
the subdivision of Lots Eighteen, Nineteen and
Twenty (18, 19 and 20), Kelly’s Subdivision in
the City of Dubuque, County of Dubuque,
Iowa, according to the recorded plat thereof.
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the above
described real estate to Toby J. Kress for the
sum of Five Thousand Dollars ($5,000).
Section 3. That the City Council meet in
the Carnegie Stout Public Library Auditorium,
11th and Bluff Streets, Dubuque, Iowa, at 7:00
p.m. on the 17th of November, 1997, for the
purpose of holding a public hearing and taking
Regular Session, November 17, 1997
amount of $1,463.76 for vehicle damages;
DUBUQUE
Evelyn Mullen in unknown amount for personal
injuries; Eric Welu in amount of $770.50 for
auto damages, presented and read. Council
CITY COUNCIL
Member Voetberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by Buol.
OFFICIAL
Motion carried 7-0.
PROCEEDINGS
Corporation Counsel advising following
claims have been referred to Public Entity
City Council, Regular Session, November
Risk Services of Iowa, the agent for the Iowa
17, 1997.
Communities Assurance Pool: Vehicle
Council Met at 7:00 P.M., Public Library
damage of Cecilia Dement; Vehicle damage of
Auditorium.
Harold Hovind; Tow charge of Todd G.
Present: Mayor Duggan, Council Members
Steege; Personal injury of Charles J. Stemper;
Buol, Krieg, Michalski, Nicholson, Robbins,
Vehicle damage of James C. Wachtel,
Voetberg, City Manager Michael Van Milligen,
presented and read. Council Member
Assistant City Attorney Tim O’Brien.
Voetberg moved that the communications be
received and filed. Seconded by Council
Mayor Duggan read the call and stated
Member Buol. Motion carried 7-0.
this is the Regular Session of the City
Council called for the purpose to act upon
Corporation Counsel recommending denial
such business which may properly come
of tire damage claim of Jeffrey W. Robbins,
before the Council.
presented and read. Council Member
Voetberg moved that the communication be
Invocation was given by Father Dave
received and filed and denial approved.
Ambrosy, Associate Pastor of St. Joseph the
Seconded by Council Member Buol. Motion
Worker Catholic Church.
carried 7-0.
PROCLAMATION: Time between
Corporation Counsel recommending
Thanksgiving and Christmas as “Home and
settlement of property damage claim of Carl L.
Family Month” received by Michael Duehr.
Noel in amount of $160.00 and directing
Finance Director to issue check, presented
MINUTES SUBMITTED—Airport
and read. Council Member Voetberg moved
Commission of 9-23, 10-2, 10-8 & 10-21;
that the communication be received and filed
Citizens with Disabilities Parking Review
and settlement approved. Seconded by
Committee of 10-21; Community Development
Council Member Buol. Motion carried 7-0.
Advisory Commission of 10-16; Electrical
Code Board of 11-3; Zoning Board of
Iowa DOT advising following parcel of land
Adjustment of 10-25, presented and read.
are for sale: City Lots 500A, 500B and 500C
Council Member Voetberg moved that the
and 500D located in the area between 11th &
minutes be received and filed. Seconded by
12th streets (property acquired from Jacobson
Council Member Buol. Motion carried 7-0.
Steel and Supply Co.), presented and read.
Council Member Voetberg moved that the
Proof of Publication on publishing Council
communication be received and filed.
proceedings for meeting of 10-20, presented
Seconded by Council Member Buol. Motion
and read. Council Member Voetberg moved
carried 7-0.
that the proof be received and filed. Seconded
by Council Member Buol. Motion carried 7-0.
City Manager recommending approval of
Enterprise Opportunity Program Loan,
presented and read. Council Member
Printed Council Proceedings for month of
Voetberg moved that the communication be
July, 1997 presented for approval. Council
received and filed. Seconded by Council
Member Voetberg moved that the proceedings
Member Buol. Motion carried 7-0.
be approved as printed. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 464-97
A RESOLUTION AUTHORIZING A LETTER
Finance Director submitting Financial
OF COMMITMENT AND ADDITIONAL
Reports for month ending October 31, 1997,
ACTIONS CONCERNING AN ENTERPRISE
presented and read. Council Member
OPPORTUNITY LOAN TO MARK
Voetberg moved that the report be received
GULBRANDSEN.
and filed. Seconded by Council Member Buol.
Whereas, the City of Dubuque, Iowa, has
Motion carried 7-0.
created an Enterprise Opportunity Program for
the purpose of stimulating entrepreneurship by
NOTICE OF CLAIMS/SUITS — Grace
low and moderate income people; and
Clemen in unknown amount for personal
Whereas, the City of Dubuque, Iowa is
injuries; Buelah Kieffer in unknown amount for
encouraging the use of this loan program to
personal injuries; Mary McCullough in
finance small, owner-operated businesses
unknown amount for injuries; Shawn
employing five or fewer employees; and
McCullough in unknown amount for injuries;
Whereas, Mark Gulbrandsen meets the
Geoug Moeller or Marie Moeller in estimated
Regular Session, November 17, 1997
requirements of this program; and improvement be and the same is hereby
Whereas, a Commitment Letter, heretoaccepted.
attached and by this reference made a partBE IT FURTHER RESOLVED that the City
hereof, sets forth the terms and conditions ofTreasurer be and he is hereby directed to pay
Mark Gulbrandsen's participation in theto the contractor from the General Fund in
Enterprise Opportunity Program.amount equal to the amount of his contract,
NOW, THEREFORE, BE IT RESOLVEDless any retained percentage provided for
BY THE CITY COUNCIL OF THE CITY OFtherein.
DUBUQUE, IOWA:Passed, approved and adopted this 17th
Section 1. That the application of Markday of November, 1997.
Gulbrandsen for participation in the EnterpriseTerrance M. Duggan, Mayor
Opportunity Program is hereby accepted andAttest: Mary A. Davis, City Clerk
approved.Council Member Voetberg moved adoption
Section 2. That the Mayor is herebyof the Resolution. Seconded by Council
authorized to execute, on behalf of the CityMember Buol. Motion carried 7-0.
Council of the City of Dubuque, Iowa, the
attached Commitment Letter and to forwardRESOLUTION 466-97
said letter to Mark Gulbrandsen for review andFINAL ESTIMATE
approval.WHEREAS, the contract for the FIVE
Section 3. That the City Manager be andFLAGS CENTER ARENA ROOF PROJECT
he is hereby directed to prepare, uponhas been completed and the Engineer has
execution and receipt of the attachedsubmitted his final estimate showing the cost
Commitment Letter, the necessary loanthereof including the cost of estimates, notices
documents in accordance with the terms andand inspection and all miscellaneous costs;
conditions set forth in said CommitmentNOW, THEREFORE, BE IT RESOLVED,
Letter.by the City Council of the City of Dubuque,
Section 4. That the City Manager is herebyIowa:
authorized to execute, on behalf of the CitySection 1. That the cost of said
Council of the City of Dubuque, Iowa, allimprovement is hereby determined to be
necessary loan documents and is further$101,267 and the said amount shall be paid
authorized to disburse loan funds from thefrom the General Fund of the City of Dubuque,
Enterprise Opportunity Program, inIowa.
accordance with the terms and conditions ofPassed, approved and adopted this 17th
the executed agreement.day of November, 1997.
Passed, approved and adopted this 17thTerrance M. Duggan, Mayor
day of November 1997. Attest: Mary A. Davis, City Clerk
Terrance M. Duggan, MayorCouncil Member Voetberg moved adoption
Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council
Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0.
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0. Proof of Publication on Notice to Bidders
on Receipt of Bids for Fremont Avenue
City Manager recommending approval ofSanitary Sewer Extension and City Manager
management agreement for Miller-Riverviewrecommending to award contract for project,
Park with Pat Felderman, presented and read.presented and read. Council Member
Council Member Voetberg moved that theVoetberg moved that the proof and
communication be received and filed andcommunication be received and filed.
recommendation approved. Seconded bySeconded by Council Member Buol. Motion
Council Member Buol. Motion carried 7-0. carried 7-0.
City Manager recommending acceptance ofRESOLUTION NO. 467-97
Five Flags Center Arena Roof Project,AWARDING CONTRACT
presented and read. Council MemberWhereas, sealed proposals have been
Voetberg moved that the communication besubmitted by contractors for the Fremont
received and filed. Seconded by CouncilAvenue Sanitary Sewer Extension pursuant to
Member Buol. Motion carried 7-0. Resolution No. 457-97 and notice to bidders
published in a newspaper published in the City
RESOLUTION 465-97of Dubuque, Iowa on the 6th day of November,
ACCEPTING IMPROVEMENT1997.
WHEREAS, the contract for the FIVEWhereas, said sealed proposals were
FLAGS CENTER ARENA ROOF PROJECTopened and read on the 12th day of
has been completed and the City Manager hasNovember, 1997 and it has been determined
examined the work and filed his certificatethat the bid of McDermott Excavating of
stating that the same has been completedDubuque, Iowa, in the amount of $90,159.37
according to the terms of the contract, planswas the lowest bid for the furnishings of all
and specifications and recommends itslabor and materials and performing the work
acceptance.as provided for in the plans and specifications.
NOW, THEREFORE, BE IT RESOLVED,NOW THEREFORE, BE IT RESOLVED
by the City Council of the City of Dubuque,BY THE CITY COUNCIL OF THE CITY OF
Iowa, that the recommendation of the CityDUBUQUE, IOWA:
Manager be approved and that saidThat the contract for the above
Regular Session, November 17, 1997
improvement be awarded to McDermottfrom the Sanitary Sewer Construction Fund of
Excavating and the Manager be and is herebythe City of Dubuque, Iowa.
directed to execute a contract on behalf of thePassed, approved and adopted this 17th
City of Dubuque for the complete performanceday of November, 1997.
of the work.Terrance M. Duggan, Mayor
BE IT FURTHER RESOLVED:Attest: Mary A. Davis, City Clerk
That upon the signing of said contract andCouncil Member Voetberg moved adoption
the approval of the contractor's bond, the Cityof the Resolution. Seconded by Council
Treasurer is authorized and instructed toMember Buol. Motion carried 7-0.
return the bid deposits of the unsuccessful
bidders.City Manager recommending acceptance of
Passed, approved and adopted this 17th19th Street Storm Sewer Reconstruction
day of November, 1997.Project, presented and read. Council Member
Terrance M. Duggan, MayorVoetberg moved that the communication be
Attest: Mary A. Davis, City Clerkreceived and filed. Seconded by Council
Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0.
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0. RESOLUTION NO. 470-97
ACCEPTING IMPROVEMENT
City Manager recommending acceptance ofWhereas, the contract for the 19th Street
Alpine Street Sanitary Sewer project,Storm Sewer Reconstruction Project has been
presented and read. Council Membercompleted and the City Manager has
Voetberg moved that the communication beexamined the work and filed his certificate
received and filed. Seconded by Councilstating that the same has been completed
Member Buol. Motion carried 7-0. according to the terms of the contract, plans
and specifications and recommends it
RESOLUTION NO. 468-97acceptance.
ACCEPTING IMPROVEMENTNOW THEREFORE, BE IT RESOLVED
Whereas, the contract for the Alpine StreetBY THE CITY COUNCIL OF THE CITY OF
Sanitary Sewer Reconstruction has beenDUBUQUE, IOWA:
completed and the City Manager hasSection 1. That the recommendation of the
examined the work and filed his certificateCity Manager be approved and that said
stating that the same has been completedimprovement be and the same is hereby
according to the terms of the contract, plansaccepted.
and specifications and recommends itBE IT FURTHER RESOLVED that the City
acceptance.Treasurer be and he is hereby directed to pay
NOW THEREFORE, BE IT RESOLVEDto the contractor from the General Fund in
BY THE CITY COUNCIL OF THE CITY OFamount equal to the amount of his contract,
DUBUQUE, IOWA:less any retained percentage provided for
Section 1. That the recommendation of thetherein.
City Manager be approved and that saidPassed, approved and adopted this 17th
improvement be and the same is herebyday of November, 1997.
accepted.Terrance M. Duggan, Mayor
BE IT FURTHER RESOLVED that the CityAttest: Mary A. Davis, City Clerk
Treasurer be and he is hereby directed to payCouncil Member Voetberg moved adoption
to the contractor from the Sanitary Sewerof the Resolution. Seconded by Council
Construction Fund in amount equal to theMember Buol. Motion carried 7-0.
amount of his contract, less any retained
percentage provided for therein.RESOLUTION NO. 471-97
Passed, approved and adopted this 17thFINAL ESTIMATE
day of November, 1997.Whereas, the contract for the 19th Street
Terrance M. Duggan, MayorStorm Sewer Reconstruction Project has been
Attest: Mary A. Davis, City Clerkcompleted and the City Engineer has
Council Member Voetberg moved adoptionsubmitted his final estimate showing the cost
of the Resolution. Seconded by Councilthereof including the cost of estimates, notices
Member Buol. Motion carried 7-0. and inspection and all miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
RESOLUTION NO. 469-97BY THE CITY COUNCIL OF THE CITY OF
FINAL ESTIMATEDUBUQUE, IOWA:
Whereas, the contract for the Alpine StreetSection 1. That the cost of said
Sanitary Sewer Reconstruction has beenimprovement is hereby determined to be
completed and the City Engineer has$105,054.73 and the said amount shall be
submitted his final estimate showing the costpaid from the General Fund of the City of
thereof including the cost of estimates, noticesDubuque, Iowa.
and inspection and all miscellaneous costs;Passed, approved and adopted this 17th
NOW THEREFORE, BE IT RESOLVEDday of November, 1997.
BY THE CITY COUNCIL OF THE CITY OFTerrance M. Duggan, Mayor
DUBUQUE, IOWA:Attest: Mary A. Davis, City Clerk
Section 1. That the cost of saidCouncil Member Voetberg moved adoption
improvement is hereby determined to beof the Resolution. Seconded by Council
$53,413.36 and the said amount shall be paidMember Buol. Motion carried 7-0.
Regular Session, November 17, 1997
City Manager recommending approval ofDubuque is hereby authorized and directed to
selection of Steven Ulstead Architects/Brianexecute the Grantee Performance Report on
Gutheinz Studio for Highway 20 Landscapebehalf of the City of Dubuque, Iowa.
Design, presented and read. Council MemberSection 3. That the City Manager is hereby
Voetberg moved that the communication beauthorized and directed to submit the Grantee
received and filed and recommendationPerformance Report to the U.S. Department of
approved. Seconded by Council MemberHousing and Urban Development.
Robbins. Motion carried 7-0. Passed, approved and adopted this 17th
day of November, 1997.
City Manager recommending to enter intoTerrance M. Duggan, Mayor
contract with Thom Determan and EddieAttest: Mary A. Davis, City Clerk
Moore for Diversity Training, presented andCouncil Member Voetberg moved adoption
read. Council Member Voetberg moved thatof the Resolution. Seconded by Council
the communication be received and filed andMember Buol. Motion carried 7-0.
recommendation approved subject to research
by Legal Staff regarding City Commissioner’sZoning Advisory Commission approving
ability to provide service to the City. Secondedfinal plat of Tamarack Business Park located
by Council Member Robbins. Motion carriedat Highway 61/151 South in Dubuque County
7-0. (Jon Luckstead), presented and read. Council
Member Voetberg moved that the
City Manager submitting Flood Disastercommunication be received and filed.
Relief Grantee Performance Report,Seconded by Council Member Buol. Motion
presented and read. Council Membercarried 7-0.
Voetberg moved that the communication be
received and filed. Seconded by CouncilRESOLUTION NO. 473-97
Member Buol. Motion carried 7-0. RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THRU 5 TAMARACK S.E.
RESOLUTION NO. 472-97THIRD SUBDIVISION, BEING COMPRISED
RESOLUTION AUTHORIZING THEOF LOT 3 OF TAMARACK S.E. SECOND
SUBMISSION OF A FLOOD DISASTERSUBDIVISION AND LOT 1 OF THE SE-SW
RELIEF GRANTEE PERFORMANCESECTION 14 T 88 N, R2E OF THE 5TH P.M.
REPORT FOR THE PERIODIN DUBUQUE COUNTY, IOWA.
COMMENCING AUGUST 19, 1996 ANDWhereas, there has been filed with the City
CONCLUDING AUGUST 19, 1997.Clerk, the final plat of Lots 1 thru 5 Tamarack
Whereas, the City of Dubuque, Iowa, is aS.E. Third Subdivision, being comprised of Lot
flood disaster relief grant recipient under the3 of Tamarack S.E. Second Subdivision and
Community Development Block Grant (CDBG)Lot 1 of the SE-SW Section 14 T 88 N, R2E
Program of the U.S. Department of Housingof the 5th P.M. in Dubuque County, Iowa; and
and Urban Development (HUD); andWhereas, said plat has been examined by
Whereas, the CDBG regulations requirethe Zoning Advisory Commission and has its
that after the completion of a program year,approval endorsed thereon; and
each entitlement recipient must submit aWhereas, said plat has been examined by
performance and evaluation report, Granteethe City Council and they find that it conforms
Performance Report (GPR); andto the statutes and ordinances relating thereto.
Whereas, the City has: 1) prepared a GPRNOW THEREFORE, BE IT RESOLVED
for the program year commencing August 19,BY THE CITY COUNCIL OF THE CITY OF
1996 and concluding August 19, 1997; 2)DUBUQUE, IOWA:
published notice of availability of the GPR inSection 1. That the City Council hereby
the Telegraph Herald on October 21, 1997waives Article IV, Design and Improvement
and in the Dubuque Advertiser on October 22,Standards, of the Subdivision Regulations,
1997; 3) made copies of the GPR available forexcept Section 42-19, Lots and Blocks.
public review at the Public Library, CommunitySection 2. That the final plat of Lots 1 thru
and Economic Development Department, City5 Tamarack S.E. Third Subdivision, begin
Clerk's Office and Housing Servicescomprised of Lot 3 of Tamarack S.E. Second
Department; and, 4) held a public hearingSubdivision and Lot 1 of the SE-SW Section
pursuant to published notice before the14 T 88 N, R2E of the 5th P.M. in Dubuque
Community Development AdvisoryCounty, Iowa is hereby approved and the
Commission on November 6, 1997; andMayor and City Clerk are hereby authorized
Whereas, the Community Developmentand directed to endorse the approval of the
Advisory Commission has voted to approveCity of Dubuque, Iowa, upon said final plat.
the GPR and to recommend City CouncilSection 3. That in the event the owners
approval.shall fail to execute the acceptance within 180
NOW, THEREFORE, BE IT RESOLVEDdays after the date of this resolution, the
BY THE CITY COUNCIL OF THE CITY OFprovisions hereof shall be null and void and
DUBUQUE, IOWA:the acceptance and approval of the plat shall
Section 1. That the Flood Disaster Reliefnot be effective.
Grantee Performance Report for the periodPassed, approved and adopted this 17th
commencing August 19, 1996 and concludingday of November, 1997.
August 19,1997, a copy of which is attached,Terrance M. Duggan, Mayor
is hereby approved for submission.Attest: Mary A. Davis, City Clerk
Section 2. That the Mayor of the City ofACCEPTANCE OF
Regular Session, November 17, 1997
RESOLUTION NO. 473-97We, the undersigned, Michael J. and Heidi
I, the undersigned, Jon D. Luckstead,M. Duehr and David C. Stratton having read
having read the terms and conditions of thethe terms and conditions of the Resolution No.
Resolution No. 473-97 and being familiar with474-97 and being familiar with the conditions
the conditions thereof, hereby accept thisthereof, hereby accept this same and agree to
same and agree to the conditions requiredthe conditions required therein.
therein.Dated in Dubuque, Iowa this 14th day of
Dated in Dubuque, Iowa this 18th day ofNovember, 1997.
November, 1997.By /s/ Michael J. Duehr
By /s/ Jon D. LucksteadBy /s/ Heidi M. Duehr
Council Member Voetberg moved adoptionBy /s/ David C. Stratton
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.
Zoning Advisory Commission approving
survey plat of Lots 1 & 2 State Street Subd.City Manager requesting approval to amend
(Michael Duehr), presented and read. CouncilFY’98 Budget changing part-time employee to
Member Voetberg moved that thefull time employee in Community Development
communication be received and filed.Office, presented and read. Council Member
Seconded by Council Member Buol. MotionVoetberg moved that the communication be
carried 7-0. received and filed and request approved.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 474-97
RESOLUTION APPROVING THE PLAT OFCity Manager recommending approval of
SURVEY OF LOTS 1 AND 2 OF STATEacquisition of approx. 4 acres from Farmland
STREET, SUBDIVISION NO. 2, IN THEFoods, presented and read. Council Member
CITY OF DUBUQUE, IOWA.Voetberg moved that the communication be
Whereas, there has been filed with the Cityreceived and filed. Seconded by Council
Clerk a plat of survey of Lots 1 and 2 of StateMember Buol. Motion carried 7-0.
Street Subdivision No. 2, in the City of
Dubuque, Iowa ; andRESOLUTION NO. 475-97
Whereas, said plat provides only 5,393RESOLUTION APPROVING THE
square feet of lot area for Lot 1 and 5,889ACQUISITION OF LAND FROM
square feet of lot area for Lot 2, where 6,000FARMLAND FOODS AND AUTHORIZING
square feet is required by Section 3-1.1(F) ofTHE CITY MANAGER TO NEGOTIATE
the Zoning Ordinance; andAND EXECUTE NECESSARY
Whereas, said plat has been examined byAGREEMENTS
the Zoning Advisory Commission and has itsWhereas, by Resolution No. 234-96, dated
approval endorsed thereon; and June 25, 1996, the City of Dubuque, Iowa,
Whereas, said plat has been examined by(City) accepted deeds to certain real estate
the City Council and they find that it conformsfrom FDL Foods, Inc., for the purpose of
to the statutes and ordinances relating thereto.facilitating the consummation of a merger
NOW THEREFORE, BE IT RESOLVEDbetween FDL Foods, Inc., and a subsidiary of
BY THE CITY COUNCIL OF THE CITY OFFarmland Foods, Inc.; and
DUBUQUE, IOWA:Whereas, by Resolution No. 236-96, dated
Section 1. That Section 3-1.1(F) of theJune 25, 1996, the City approved an
Zoning Ordinance is waived to allow Lot 1 ofEnvironmental Indemnification Agreement in
State Street Subdivision No. 2 to have 5,393favor of Farmland Foods, Inc., for the property
square feet of lot area and Lot 2 of Stateacquired from FDL Foods, Inc.; and
Street Subdivision to have 5,889 square feetWhereas, the City and Farmland Foods,
of lot area, where 6,000 square feet isInc., have determined that other real estate
required.should have been included in the acquisition
Section 2. That the Survey Plat of Lots 1and indemnification; and
and 2 of State Street Subdivision No. 2, in theWhereas, both parties wish to take the
City of Dubuque, Iowa, is hereby approvednecessary actions to transfer this additional
and the Mayor and City Clerk are herebyproperty and to include it in the indemnification
authorized and directed to endorse theagreement.
approval of the City of Dubuque, Iowa, uponNOW, THEREFORE, BE IT RESOLVED
said final plat.BY THE CITY COUNCIL OF THE CITY OF
Section 3. That in the event the ownersDUBUQUE, IOWA:
shall fail to execute the acceptance within 180Section 1. The acquisition of approximately
days after the date of this resolution, thefour acres of property adjoining the southerly
provisions hereof shall be null and void andboundary of Lot 4 of FDL First Addition by the
the acceptance and approval of the plat shallCity of Dubuque, Iowa would be in the best
not be effective.interests of the City.
Passed, approved and adopted this 17thSection 2. The City Manager is hereby
day of November, 1997.authorized and directed to negotiate and to
Terrance M. Duggan, Mayorexecute on behalf of the City of Dubuque,
Attest: Mary A. Davis, City ClerkIowa, all documents necessary to acquire the
ACCEPTANCE OFsubject real estate and to include said real
RESOLUTION NO. 474-97estate in the City’s Environmental
Regular Session, November 17, 1997
Indemnification Agreement with FarmlandMember Robbins voted for Rink. Council
Foods, Inc.Member Voetberg voted for Swift.
Passed, approved and adopted this 17th
day of November, 1997. Therefore, M. Susan Rink, BVM was
Terrance M. Duggan, Mayorappointed to the unexpired term on the
Attest: Mary A. Davis, City ClerkHousing Commission which will expire 8-17-
Council Member Voetberg moved adoption2000.
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0. Council Member Voetberg moved that the
rules be suspended to allow anyone present to
RESOLUTION NO. 476-97address the Council if they so desire.
Whereas, applications for Liquor LicensesSeconded by Council Member Robbins.
have been submitted to this Council forMotion carried 7-0.
approval and the same have been examined
and approved; andProof of publication certified to by the
Whereas, the premises to be occupied byPublisher on Notice of Hearing to consider
such applicants were inspected and found todisposing of City property known as 659 West
comply with the State Laws and all City8th Street, Kirk Barron submitting petition
Ordinances relevant thereto and they havecontaining 29 signatures objecting to certain
filed proper bonds.conditions regarding sale of this property, and
NOW, THEREFORE, BE IT RESOLVEDCity Manager recommending to proceed with
BY THE CITY COUNCIL OF THE CITY OFsale, presented and read. Council Member
DUBUQUE, IOWA:Voetberg moved that the proof, petition and
That the Manager be authorized to cause tocommunication be received and filed.
be issued the following named applicants aSeconded by Council Member Nicholson.
Liquor License.Motion carried 7-0.
CLASS “C” (COMMERCIAL)
BEER & LIQUOR LICENSEToby Kress spoke requesting approval of
Aragon Tap Inc.Aragon Tap Inc.sale. Kirk Barron spoke objecting to the
+ (Sunday Sale)1103 Iowa Stproposed threeplex in a single family
Kahn Family Enterp.Dempsey’sneighborhood.
+ (Sunday Sale)395 E. 9th St
The Ground Round Inc.Ground Round IncRESOLUTION NO. 477-97
+ (Sunday Sale)50 JFK Rd.RESOLUTION APPROVING THE
Sam W. ChinLong Yuen Chinese Res.DISPOSAL OF CITY OWNED PROPERTY,
+(Sunday Sale)2600 Dodge StSPECIFICALLY, THE SOUTH ONE-
T & M IncMario’s Italian Rest.HUNDRED FIVE FEET (S105') OF LOT
+ (Sunday Sale)1298 Main StTWO (2) AND THE SOUTH EIGHTY-FOUR
Raysan CorpBridge RestaurantFEET, THREE INCHES (S84'3") OF LOT
+(Sunday Sale)31 Locust StTHREE (3), BOTH OF THE SUBDIVISION
Passed, approved and adopted this 17thOF LOTS EIGHTEEN, NINETEEN AND
day of November, 1997.TWENTY (18, 19 AND 20) KELLY’S
Terrance M. Duggan, MayorSUBDIVISION IN THE CITY OF DUBUQUE,
Attest: Mary A. Davis, City ClerkCOUNTY OF DUBUQUE, IOWA,
Council Member Voetberg moved adoptionACCORDING TO THE RECORDED PLAT
of the Resolution. Seconded by CouncilTHEREOF, ALSO KNOWN AS 659 WEST
Member Buol. Motion carried 7-0. 8TH STREET
Whereas, pursuant to a notice, duly
BOARDS AND COMMISSIONS:published in the Telegraph Herald newspaper,
the City Council of Dubuque, Iowa, met on the
TRANSIT BOARD:17th day of November, 1997, at 7:00 p.m. in
Applicant interested in serving to addressthe Carnegie Stout Public Library Auditorium,
the Council. Applicant: Pamela Renfro. Ms.11th and Bluff Street, Dubuque, Iowa, to
Renfro spoke.consider the proposal to dispose of City-
owned real estate located at 659 West 8th
ENVIRONMENTAL STEWARDSHIPStreet which property is legally described as
ADVISORY COMMISSION:follows:
Appointment: Applicant: Beth Lynch.The South One-Hundred Five Feet (S105')
Council Member Michalski moved that Bethof Lot Two (2) and the South Eighty-Four Feet
Lynch be appointed to the three year term thatThree Inches (S84'3") of Lot Three (3), both of
will expire 10-1-2000. Seconded by Councilthe Subdivision of Lots Eighteen, Nineteen
Member Buol. Motion carried 7-0. and Twenty (18, 19, and 20) Kelly’s
Subdivision in the City of Dubuque, County of
HOUSING COMMISSION:Dubuque, Iowa, according to the recorded plat
Appointment: Applicants M. Susan Rinkthereof.
and Thomas Swift II. Vote on the appointmentWhereas, such property is proposed to be
was as follows: Mayor Duggan voted for Rink.sold to Toby J. Kress in consideration for Five
Council Member Buol voted for Swift. CouncilThousand Dollars ($5,000); and
Member Krieg voted for Rink. CouncilWhereas, the City Council of the City of
Member Michalski voted for Rink. CouncilDubuque, Iowa, has overruled any and all
Member Nicholson voted for Swift. Councilobjections, oral and written, to the proposal to
Regular Session, November 17, 1997
dispose of the interest of the City of Dubuque,with Chapter 403 of the Code of Iowa, has
Iowa, in the herein and above-named realheld a public hearing on the proposed
estate to the above-named grantees.amended and restated Plan after public notice
NOW, THEREFORE, BE IT RESOLVEDthereof.
BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF
Section 1. That the disposal of the interestDUBUQUE, IOWA:
of the City of Dubuque in the above-describedSection 1. That the Amended and
property to Toby J. Kress is hereby approved.Restated Urban Renewal Plan for the
Section 2. That the Mayor be and he isDubuque Industrial Center Economic
hereby authorized and directed to execute aDevelopment District, attached hereto and
Quit Claim Deed, and that the City Clerk bemade reference to herein, be approved.
and she is hereby directed and authorized toSection 2. That the City Clerk of the City of
deliver such Deed, conveying the aboveDubuque, Iowa is hereby authorized and
described real estate to the above-nameddirected to file a certified copy of this
grantee.Resolution in the office of the Dubuque
Passed, approved and adopted this 17thCounty Recorder.
day of November, 1997.Passed, approved and adopted this 17th
Terrance M. Duggan, Mayorday of November, 1997.
Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Voetberg moved adoptionAttest: Mary A. Davis, City Clerk
of the Resolution. Seconded by CouncilCouncil Member Buol moved adoption of
Member Nicholson. Motion carried 7-0. the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Hearing to considerAn Ordinance Amending Ordinance No.
adoption of an Amended and Restated Urban26-88 providing that general property taxes
Renewal Plan for Dubuque Industrial Centerlevied and collected each year for property
Economic Development District. (Bergfeldlocated within amended Dubuque Industrial
Farm Expansion), City ManagerCenter Economic Development District Urban
recommending approval of Plan andRenewal area be paid to a Special Fund,
submitting ordinance approving the amendedpresented and read.
Tax Increment Financing District, and Long
Range Planning Advisory CommissionORDINANCE NO. 66-97
advising of their approval and recommendingAN ORDINANCE AMENDING ORDINANCE
adoption of Plan, presented and read. CouncilNO. 26-88 PROVIDING THAT GENERAL
Member Buol moved that the proof andPROPERTY TAXES LEVIED AND
communications be received and filed.COLLECTED EACH YEAR ON ALL
Seconded by Council Member Robbins.PROPERTY LOCATED WITHIN THE
Motion carried 7-0. AMENDED AND RESTATED DUBUQUE
INDUSTRIAL CENTER ECONOMIC
RESOLUTION NO. 478-97 DEVELOPMENT URBAN RENEWAL AREA
A RESOLUTION APPROVING THEOF THE CITY OF DUBUQUE, COUNTY OF
AMENDED AND RESTATED URBANDUBUQUE, STATE OF IOWA, BY AND FOR
RENEWAL PLAN FOR THE DUBUQUETHE BENEFIT OF THE STATE OF IOWA,
INDUSTRIAL CENTER ECONOMICCITY OF DUBUQUE, COUNTY OF
DEVELOPMENT DISTRICT.DUBUQUE, DUBUQUE COMMUNITY
Whereas, on October 6, 1997, the CitySCHOOL DISTRICT AND OTHER TAXING
Council of the City of Dubuque, IowaDISTRICTS, BE PAID TO A SPECIAL FUND
authorized the preparation of an Amended andFOR PAYMENT OF PRINCIPAL AND
Restated Urban Renewal Plan (the "Plan") forINTEREST ON LOANS, MONIES
the Dubuque Industrial Center EconomicADVANCED TO AND INDEBTEDNESS,
Development District (the "District"); andINCLUDING BONDS ISSUED OR TO BE
Whereas, the City of Dubuque's primaryISSUED, INCURRED BY SAID CITY IN
objective in amending this Plan is to provideCONNECTION WITH THE AMENDED AND
additional marketable industrial developmentRESTATED DUBUQUE INDUSTRIAL
sites for the purpose of job-creating economicCENTER ECONOMIC DEVELOPMENT
development activities; andDISTRICT URBAN RENEWAL
Whereas, the Long Range PlanningREDEVELOPMENT PROJECT.
Commission has reviewed the proposed PlanWhereas, the City Council of the City of
and has found that said document isDubuque, Iowa, has heretofore, in Ordinance
consistent with the Comprehensive Plan forNo. 26-88, as amended by Ordinance No. 63-
the development of the City of Dubuque as a88, provided for the division of taxes within the
whole and has transmitted its findings to theoriginal Dubuque Industrial Center Economic
City Council; andDevelopment District Urban Renewal Project
Whereas, a consultation process has beenArea described in Resolution No. 130-88
undertaken with affected taxing entities inadopted on May 2, 1988, pursuant to Section
accordance with Chapter 403 of the Code of403.19 of the Code of Iowa; and
Iowa with no written objections orWhereas. pursuant to Resolution Nos. 48-
recommended changes to the Plan received;97, 142-97 and 478-97 approved on January
and20, 1997, April 7, 1997 and November 17,
Whereas, the City Council, in accordance1997, respectively, additional territory now has
Regular Session, November 17, 1997
been added to the Dubuque Industrial Center30, Township 89 North, Range 2 East of
Economic Development District Urbanthe 5th P.M. Dubuque County, Iowa; also
Renewal Project Area; andLot 1-1 of the NW 1/4 of the NE 1/4, the
Whereas, indebtedness has bee incurredWest 3/4 of the NE 1/4 of the NW 1/4, the
by the City, and additional indebtedness isEast 1/4 of the NE 1/4 of the NW 1/4 of Lot
anticipated to be incurred in the future, to1, Lot 2-1 of the SE 1/4 of the NW 1/4, Lot
finance urban renewal project activities within1-1 of the SE 1/4 of the NW 1/4, and the
the Amended and Restated DubuqueSW 1/4 of the NE 1/4, all in Section 30,
Industrial Center Economic DevelopmentT89N, R2E, 5th P.M., Dubuque County,
District, and the continuing needs ofIowa; also the NW 1/4 of the SW 1/4, the
redevelopment within the Amended andNE 1/4 of the SW 1/4, Lot 1 of the SE 1/4
Restated Dubuque Industrial Centerof the SW 1/4, and Lot 1 of the SW 1/4 of
Economic Development District are such as tothe SW 1/4, all in Section 30, T89N, R2E,
require the continued application of the5th P.M., in Dubuque County, Iowa; and all
incremental tax resources of the Amendedthat part of a 100 foot-wide strip of the
and Restated Dubuque Industrial CenterChicago Central Pacific Railroad right-of-
Economic Development District; andway lying in the SE 1/4 of Section 30, the
Whereas, the following enactment isSE 1/4 of the SW 1/4 of Section 30, the
necessary to accomplish the objectivesNW 1/4 of Section 31, and the NE 1/4 of
described in the premises.Section 31 all in T89N, R2E, 5th P.M.,
NOW, THEREFORE, BE IT ORDAINEDDubuque County, Iowa, the centerline of
BY THE CITY COUNCIL OF THE CITY which is more particularly described as
COUNCIL OF THE CITY OF DUBUQUE,follows: Beginning at a point of intersection
IOWA, THAT:with the easterly line of the SE 1/4 of
Ordinance Number 26-88, as amended bySection 30, T89N, R2E, 5th P.M., thence
Ordinance No. 63-88 is hereby amended tosouthwesterly along the centerline of said
read as follows:railroad, 2,700 feet, more or less a point of
Section 1. For purposes of this Ordinance,intersection with the westerly line of the SE
the following terms shall have the following1/4 of said Section 30; thence
meanings:southwesterly continuing along said
(a) Original Project Area shall mean thatcenterline 845 feet, more or less, to a point
portion of the City of Dubuque, Iowa describedwhere the railroad right-of-way widens to
in the Urban Renewal Plan for the Dubuque200 feet, said point being the terminus of
Industrial Center Economic Developmentthis description; also, Lot 1 of the NE 1/4 of
District Urban Renewal Area approved bythe SE 1/4 of Section 25, T89N, R1E, 5th
Resolution No. 130-88 on May 2, 1988, andP.M., Dubuque County, Iowa, and a part of
subsequently amended by Resolution No.Lot 1-1-1 of the SE 1/4 of the SE 1/4 of
484-90 on December 17, 1990, which OriginalSection 25, T89N, R1E, 5th P.M.,
Project Area includes the lots and parcelsDubuque County, Iowa, described as
located within the area now legally describedfollows: beginning at the NE corner of said
as follows:Lot 1-1-1; thence S 00 degree 15'43" W
All of the Dubuque Industrial Center First,562.15 feet along the east line of said Lot
Second, Third, Fourth, Fifth, Sixth,1-1-1; thence N 89 degree 05"38" W
Seventh, Eighth, Ninth, Tenth and Eleventh1,336.86 feet along the northerly line of Lot
Additions and the adjoining public right-of-2-1-1 of the SE 1/4 of the SE 1/4 of said
way, all in the City of Dubuque, DubuqueSection 25 and extension thereof to a point
County, Iowa.of intersection with the west line of said Lot
The Original Project Area is referred to as1-1-1; thence N 00 degree 34'17" E 528.75
“Subarea A” in the Urban Renewal Planfeet along said west line; thence N 89
hereinafter described.degree 28'22" E 1,334.04 feet along the
(b) Subarea B shall mean that portion of thenorth line of said Lot 1-1-1 to the point of
City of Dubuque, Iowa described as Subareabeginning, and any adjoining public right-
B in the Amended and Restated Urbanof-way.
Renewal Plan for the Dubuque Industrial(c) Amended Project Area shall mean that
Center Economic Development District Urbanportion of the City of Dubuque, Iowa included
Renewal Area approved by Resolution No.within the Original Project Area and Subarea
478-97 on November 17, 1997 (the “UrbanB, each as described in this Section.
Renewal Plan”), which Subarea B includes theSection 2. The taxes levied on the taxable
lots and parcels located within the area legallyproperty in the Amended Project Area, legally
described as follows:described in Section 1 hereof, by and for the
White’s Addition, Lots 1 through 9 and 18benefit of the State of Iowa, City of Dubuque,
through 26 and 35 through 43 and 52County of Dubuque, Dubuque Community
through 60, also known as the NorthwestSchool District, and all other taxing districts
Quarter (NW 1/4) of the Southeast Quarterfrom and after the effective date of this
(SE 1/4), the Northeast Quarter (NE 1/4) ofOrdinance shall be divided as hereinafter in
the Southeast Quarter (SE 1/4), Lot 1 ofthis Ordinance provided.
the Subdivision of the Southeast QuarterSection 3. As to the Original Project Area,
(SE 1/4) of the Southeast Quarter (SE 1/4),that portion of the taxes which would be
and Lot 1 of the Subdivision of theproduced by the rate at which the tax is levied
Southwest Quarter (SW 1/4) of theeach year by or for each of the taxing districts
Southeast Quarter (SE 1/4), and anytaxing property in the Original Project Area
adjoining public right-of-way, all in Sectionupon the total sum of the assessed value of
Regular Session, November 17, 1997
the taxable property in the Original Project403.19 of the Code of Iowa with respect to the
Area as shown on the assessment roll as ofdivision of taxes from property within Subarea
January 1, 1987, being the first day of theB as described above. In the event that any
calendar year preceding the effective date ofprovision of this Ordinance shall be
Ordinance No. 26-88, shall be allocated to anddetermined to be contrary to law it shall not
when collected be paid into the fund for theaffect other provisions or application of this
respective taxing district as taxes by or forOrdinance which shall at all times be
said taxing district into which all other propertyconstrued to fully invoke the provisions of
taxes are paid. The taxes so determined shallSection 403.19 of the Code of Iowa with
be referred herein as the “base period taxes”reference to the Amended Project Area and
for such subarea.the subareas contained therein.
As to Subarea B, base period taxes shallSection 8. This Ordinance shall be in
be computed in the same manner using theeffect after its final passage, approval and
total assessed value shown on thepublication as provided by law.
assessment roll as of January 1, 1996, beingPassed and approved this 17th day of
the assessment roll applicable to property inNovember, 1997.
such subarea as of January 1 of the calendarTerrance M. Duggan, Mayor
year preceding the effective date of thisAttest: Mary A. Davis, City Clerk
Ordinance.Published officially in the Telegraph Herald
Section 4. That portion of the taxes eachnewspaper this 24th day of November, 1997.
year in excess of the base period taxes for the1t 11/24Mary A. Davis CMC, City Clerk
Amended Project Area, determined for eachCouncil Member Buol moved that the
sub-area thereof as provided in Section 3 ofrequirement that a proposed Ordinance be
this Ordinance, shall be allocated to and whenconsidered and voted on for passage at two
collected be paid into the special tax increment
Council Meetings prior to the meeting at which
fund previously established by the City of
it is to be finally passed be suspended.
Dubuque to pay the principal of and interest
Seconded by Council Member Robbins.
on loans, monies advanced to, or
Motion carried 7-0. Council Member Buol
indebtedness, whether funded, refunded,
moved final consideration and passage of the
assumed or otherwise, including bonds issued
Ordinance. Seconded by Council Member
under authority of Section 403.9 or Section
Robbins. Motion carried 7-0.
403.12 of the Code of Iowa, incurred by the
City of Dubuque, Iowa to finance or refinance,
Proof of publication certified to by the
in whole or in part, urban renewal projects
Publisher of Notice of Hearing to consider
undertaken within the Amended Project Area
adoption of an Amended and Restated Urban
pursuant to the Urban Renewal Plan, except
Renewal Plan for the Downtown Dubuque
that taxes for the payment of bonds and
Urban Renewal District, City Manager
interest of each taxing district shall be
recommending approval of Plan and
collected against all taxable property within the
submitting an Ordinance approving amended
Amended Project Area without any limitation
Tax Increment Financing District, and Long
as hereinabove provided.
Range Planning Advisory Commission
Section 5. Unless or until the total
advising of their approval and recommending
assessed valuation of the taxable property in
adoption of Plan, presented and read. Council
the subareas of the Amended Project Area
Member Voetberg moved that the proof and
exceeds the total assessed value of the
communications be received and filed.
taxable property in said subareas shown by
Seconded by Council Member Nicholson.
the assessment rolls referred to in Section 3Motion carried 7-0.
of this Ordinance, all of the taxes levied and
collected upon the taxable property in theLarry Tuel of the Iowa Housing Corp.,
Amended Project Area shall be paid into theDuaine Greenfield, Paula Stenlund, Rob
funds for the respective taxing districts asMcCoy and Jerry Anderson all spoke
taxes by or for the taxing districts in the samerequesting adoption of Plan. Rhodes “Bud”
manner as all other property taxes.Isenhart spoke for County residents stating
Section 6. At such time as the loans,that this TIF District has no ending date.
monies advanced, bonds and interest thereon
and indebtedness of the City of DubuqueRESOLUTION 479-97
referred to in Section 4 hereof have been paid,A RESOLUTION APPROVING THE
all monies thereafter received from taxes uponAMENDED AND RESTATED URBAN
the taxable property in the Amended Project
RENEWAL PLAN FOR THE DOWNTOWN
Area shall be paid into the funds for the
DUBUQUE URBAN RENEWAL DISTRICT.
respective taxing districts in the same manner
Whereas, on October 6, 1997, the City
as taxes on all other property.
Council of the City of Dubuque, Iowa
Section 7. All ordinances or parts of
authorized the preparation of an Amended and
ordinances in conflict with the provisions of
Restated Urban Renewal Plan (the "Plan") for
this Ordinance are hereby repealed. The
the Downtown Dubuque Urban Renewal
provisions of this Ordinance are intended and
District (the "District"); and
shall be construed so as to continue the
Whereas, the City of Dubuque's primary
division of taxes from taxable property in the
objective in amending this Plan is to provide
Original Project Area under the provisions of
opportunities for further redevelopment and
Section 403.19 of the Code of Iowa, as
reinvestment in the downtown; and
authorized in Ordinance No. 26-88, and to
Whereas, the Long Range Planning
fully implement the provisions of Section
Regular Session, November 17, 1997
Commission has reviewed the proposed PlanDubuque, Iowa has heretofore, in Ordinance
and has found that said document isNo. 30-82, provided for the division of taxes
consistent with the Comprehensive Plan forwithin the original Downtown Dubuque Urban
the development of the City of Dubuque as aRenewal Project, Iowa R-15, described in
whole and has transmitted its findings to theResolution No. 123-67 adopted on May 18,
City Council; and1967, pursuant to Section 403.19 of the Code
Whereas, a consultation process has beenof Iowa; and
undertaken with affected taxing entities inWhereas, the original Downtown Dubuque
accordance with Chapter 403 of the Code ofUrban Renewal Project, Iowa R-15,
Iowa with no written objections orsubsequently was amended by Resolution No.
recommended changes to the Plan received;79-71 on March 15, 1971, by Resolution No.
and73-74 on March 11, 1974, by Resolution No.
Whereas, the City Council, in accordance107-82 on May 3, 1982, by Resolution No.
with Chapter 403 of the Code of Iowa, has191-84 on June 25, 1984, by Resolution No.
held a public hearing on the proposed371-93 on December 6, 1993 and by
amended and restated Plan after public noticeResolution No. 145-94 on May 2, 1994, which
thereof.amendments, among other things, added an
NOW, THEREFORE, BE IT RESOLVEDarea referred to as the Old Main Subarea to
BY THE CITY COUNCIL OF THE CITY OFthe area of the Downtown Dubuque Urban
DUBUQUE, IOWA:Renewal District; and
Section 1. That the Amended and RestatedWhereas, consistent with the foregoing
Urban Renewal Plan for the Downtownamendments, Ordinance No. 30-82
Dubuque Urban Renewal District, attachedsubsequently was amended by Ordinances
hereto and made reference to herein, beNos. 23-94 and 36-94 to provide for the
approved.division of taxes within the Old Main Subarea
Section 2. That the City Clerk of the City ofof the amended Downtown Dubuque Urban
Dubuque, Iowa is hereby authorized andRenewal District; and
directed to file a certified copy of theWhereas, pursuant to Resolution No. 479-
Resolution in the office of the Dubuque97 approved on November 17, 1997,
County Recorder.additional territory now has been added to the
Passed, approved and adopted this 17thDowntown Dubuque Urban Renewal District
day of November, 1997.and an Amended and Restated Urban
Terrance M. Duggan, MayorRenewal Plan approved in respect of the
Attest: Mary A. Davis, City ClerkDowntown Dubuque Urban Renewal District,
Council Member Voetberg moved adoptionas so amended; and
of the Resolution. Seconded by CouncilWhereas, indebtedness has been incurred
Member Nicholson. Motion carried 7-0. by the City, and additional indebtedness is
anticipated to be incurred in the future, to
finance urban renewal project activities
An Ordinance Amending Ordinance No.undertaken in accordance with the Amended
30-82 providing that General Property Taxesand Restated Urban Renewal Plan for the
levied and collected each year on propertyDowntown Dubuque Urban Renewal District,
located within amended Downtown Dubuqueand the continuing needs of redevelopment
Urban Renewal District be paid to a specialwithin the Amended and Restated Downtown
fund, presented and read. Dubuque Urban Renewal District are such as
to require the continued application of the
(OFFICIAL PUBLICATION)incremental tax resources of the Amended
ORDINANCE NO. 67-97and Restated Downtown Dubuque Urban
AN ORDINANCE AMENDING ORDINANCERenewal District; and
NO. 30-82 PROVIDING THAT GENERALWhereas, the following enactment is
PROPERTY TAXES LEVIED ANDnecessary to accomplish the objectives
COLLECTED EACH YEAR ON ALLdescribed in the premises.
PROPERTY LOCATED WITHIN THENOW, THEREFORE, BE IT ORDAINED
AMENDED AND RESTATED DOWNTOWNBY THE CITY COUNCIL OF THE CITY OF
DUBUQUE URBAN RENEWAL DISTRICTDUBUQUE, IOWA, THAT:
OF THE CITY OF DUBUQUE, COUNTY OFOrdinance Number 30-82 as amended by
DUBUQUE, STATE OF IOWA, BY AND FOROrdinance Nos. 23-94 and 36-94, is hereby
THE BENEFIT OF THE STATE OF IOWA,amended to read as follows:
CITY OF DUBUQUE, COUNTY OFSection 1. For purposes of this Ordinance,
DUBUQUE, DUBUQUE COMMUNITYthe following terms shall have the following
SCHOOL DISTRICT AND OTHER TAXINGmeanings:
DISTRICTS, BE PAID TO A SPECIAL FUND(a) Original Town Clock Subarea shall
FOR PAYMENT OF PRINCIPAL ANDmean that portion of the City of Dubuque, Iowa
INTEREST ON LOANS, MONIESdescribed in the Urban Renewal Plan for the
ADVANCED TO AND INDEBTEDNESS,Downtown Dubuque Urban Renewal Project,
INCLUDING BONDS ISSUED OR TO BEIowa R-15, approved by Resolution No. 123-
ISSUED, INCURRED BY SAID CITY IN67 on May 18, 1967, which Original Town
CONNECTION WITH THE AMENDED ANDClock Subarea includes the lots and parcels
RESTATED URBAN RENEWAL PLAN FORlocated within the area now legally described
THE DOWNTOWN DUBUQUE URBANas follows:
RENEWAL DISTRICTBeginning at the intersection of the north
Whereas, the City Council of the City ofright-of-way line of Ninth Street with the
Regular Session, November 17, 1997
east right-of-way line of Central Avenue;Section 3. As to the Original Town Clock
thence south along the east right-of-waySubarea, that portion of the taxes which would
line of Central Avenue to its intersectionbe produced by the rate at which the tax is
with the south right-of-way line of Fourthlevied each year by or for each of the taxing
Street; thence west along the south right-districts taxing property in the Original Town
of-way line of Fourth Street to itsClock Subarea upon the total sum of the
intersection with the west right-of-way lineassessed value of the taxable property in the
of Locust Street; thence north along theOriginal Town Clock Subarea as shown on the
west right-of-way line of Locust Street to itsassessment roll as of January 1, 1966, being
intersection with the north right-of-way linethe assessment roll last equalized prior to the
of Ninth Street; thence east along the northdate of the initial adoption of the Urban
right-of-way line of Ninth Street to itsRenewal Plan for the Downtown Dubuque
intersection with the east right-of-way lineUrban Renewal Project, Iowa R-15, shall be
of Central Avenue which is the point ofallocated to and when collected be paid into
beginningthe fund for the respective taxing district as
(b) Old Main Subarea shall mean thattaxes by or for said taxing district into which all
portion of the City of Dubuque, Iowa describedother property taxes are paid. The taxes so
in the Amended and Restated Urban Renewaldetermined shall be referred herein as the
Plan for the Downtown Dubuque Urban“base period taxes” for such subarea.
Renewal District approved by Resolution No.As to Old Main Subarea, base period taxes
145-94 on May 2, 1994, which Old Mainshall be computed in the same manner using
Subarea includes the lots and parcels locatedthe total assessed value shown on the
within the area legally described as follows:assessment roll as of January 1, 1993, being
Beginning at the intersection of the souththe assessment roll as of January 1 of the
right-of-way line of Fourth Street with thecalendar year preceding the effective date of
east right-of-way line of Central Avenue;Ordinance No. 23-94.
thence west along the south right-of-wayAs to the Town Clock Expansion Subarea,
line of Fourth Street to the west right-of-base period taxes shall be computed in the
way line of Locust Street; thence southsame manner using the total assessed value
along the west right-of-way line of Locustshown on the assessment roll as of January 1,
Street to the north right-of-way line of the1996, being the assessment roll applicable to
Locust Street Connector; thence east alongproperty in such subarea as of January 1 of
the north right-of-way line of the Locustthe calendar year preceding the effective date
Street Connector to the west right-of-wayof this Ordinance.
line of Highways 151/61; thence northSection 4. That portion of the taxes each
along the west right-of-way line ofyear in excess of the base period taxes for the
Highways 151/61 to the point of beginning.Amended Project Area, determined for each
(c) Town Clock Expansion Subarea shallsubarea thereof as provided in Section 3 of
mean that portion of the City of Dubuque, Iowathis Ordinance, shall be allocated to and when
described in the Urban Renewal Plan, whichcollected be paid into the special tax increment
Town Clock Expansion Subarea includes thefund previously established by the City of
lots and parcels located within the area legallyDubuque to pay the principal of and interest
described as follows:on loans, monies advanced to, or
South ½ of City Lot 167, City Lot 168 andindebtedness, whether funded, refunded,
City Lot 168A; Lots 1 & 2 of City Lots 204,assumed or otherwise, including bonds issued
205, 206, 207 and 208, N. 23' of City Lotunder authority of Section 403.9 or Section
263, S. 28.5' of City Lot 263, N. ½ of City403.12 of the Code of Iowa, incurred by the
Lot 262, S. ½ of City Lot 262, N. ½ of CityCity of Dubuque, Iowa to finance or refinance,
Lot 261, all in Section 24, Township 89in whole or in part, urban renewal projects
North, Range 2 East, 5th P.M., Dubuqueactivities undertaken within the Amended
County, Iowa and any adjoining publicProject Area pursuant to the Urban Renewal
right-of-way.Plan, except that taxes for the payment of
(d) Amended Project Area shall mean thebonds and interest of each taxing district shall
areas of the City of Dubuque, Iowa includedbe collected against all taxable property within
within the Original Town Clock Subarea, thethe Amended Project Area without any
Old Main Subarea and the Town Clocklimitation as hereinabove provided.
Expansion Subarea, each as described in thisSection 5. Unless or until the total
Section.assessed valuation of the taxable property in
(e) Urban Renewal Plan shall mean thethe subareas of the Amended Project Area
Amended and Restated Urban Renewal Planexceeds the total assessed value of the
for the Downtown Dubuque Urban Renewaltaxable property in said subareas shown by
District approved by Resolution No. 479-97 onthe assessment rolls referred to in Section 3
November 17, 1997.of this Ordinance, all of the taxes levied and
Section 2. The taxes levied on the taxablecollected upon the taxable property in the
property in the Amended Project Area, legallyAmended Project Area shall be paid into the
described in Section 1 hereof, by and for thefunds for the respective taxing districts as
benefit of the State of Iowa, City of Dubuque,taxes by or for the taxing districts in the same
County of Dubuque, Dubuque Communitymanner as all other property taxes.
School District, and all other taxing districtsSection 6. At such time as the loans,
from and after the effective date of thismonies advanced, bonds and interest thereon
Ordinance shall be divided as hereinafter inand indebtedness of the City of Dubuque
this Ordinance provided.referred to in Section 4 hereof have been paid,
Regular Session, November 17, 1997
all monies thereafter received from taxes uponmay undertake special financing activities,
the taxable property in the Amended Projectincluding loans or grants to private developers,
Area shall be paid into the funds for theto meet the objectives of the Plan and to
respective taxing districts in the same mannerencourage the development of the District; and
as taxes on all other property.Whereas, the City Council has determined,
Section 7. All ordinances or parts ofin accordance with the factors set forth in
ordinances in conflict with the provisions ofSection 15A.1 of the Iowa Code, that Weber
this Ordinance are hereby repealed. ThePaper Company is qualified to receive such
provisions of this Ordinance are intended andloan or grant assistance to assist its relocation
shall be construed so as to continue theand expansion in the District; and
division of taxes from taxable property in theWhereas, pursuant to published notice, the
Original Town Clock Subarea and the OldCity Council has held a public hearing on the
Main Subarea under the provisions of Sectionproposition of obligating Tax Increment
403.19 of the Code of Iowa, as authorized inRevenue to assist Weber Paper Company,
Ordinance Nos. 30-82, 23-94 and 36-94, andand has considered and overruled any and all
to fully implement the provisions of Sectionobjections thereto; and
403.19 of the Code of Iowa with respect to theWhereas, an Assessment Agreement,
division of taxes from property within the Townhereto attached and by this reference made a
Clock Expansion Subarea as described above.part hereof, sets forth the terms and
In the event that any provision of thisconditions of a minimum property tax
Ordinance shall be determined to be contraryassessment and the disbursement of Tax
to law it shall not affect other provisions orIncrement proceeds to Weber Paper
application of this Ordinance which shall at allCompany.
times be construed to fully invoke theNOW, THEREFORE, BE IT RESOLVED
provisions of Section 403.19 of the Code ofBY THE CITY COUNCIL OF THE CITY OF
Iowa with reference to the Amended ProjectDUBUQUE, IOWA:
Area and the subareas contained therein.Section 1. That the form of Assessment
Section 8. This Ordinance shall be inAgreement by and among the City of
effect after its final passage, approval andDubuque, Weber Paper Company and the
publication as provided by law.City Assessor of the City of Dubuque, Iowa
Passed and approved this 17th day ofattached hereto is hereby approved.
November, 1997.Section 2. That the Mayor and City Clerk
Terrance M. Duggan, Mayorare hereby authorized to execute, on behalf of
Attest: Mary A. Davis, City Clerkthe City Council of the City of Dubuque, Iowa,
Published officially in the Telegraph Heraldsaid Assessment Agreement in substantially
the form attached hereto, but with such
newspaper this 24th day of November, 1997.
changes as they, with the assistance of the
1t 11/24Mary A. Davis CMC, City Clerk
Corporation Counsel, find to be appropriate,
Council Member Voetberg moved that the
their execution thereof to constitute this
requirement that a proposed Ordinance be
Council's approval of said Assessment
considered and voted on for passage at two
Agreement.
Council Meetings prior to the meeting at which
Passed, approved and adopted this 17th
it is to be finally passed be suspended.
day of November, 1997.
Seconded by Council Member Nicholson.
Terrance M. Duggan, Mayor
Motion carried 7-0. Council Member Voetberg
Attest: Mary A. Davis, City Clerk
moved final consideration and passage of the
Council Member Robbins moved adoption
Ordinance. Seconded by Council Member
Nicholson. Motion carried 7-0. of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing toCity Manager recommending approval of
consider issuance of $150,000 UrbanAssistance to Iowa Inn project and requesting
Renewal Tax Increment Revenue Obligationspublic hearing be set for Urban Revitalization
for Weber Paper Company and City ManagerDistrict on January 19, 1998, (Housing
recommending execution of assessmentCommission and Housing Trust Fund
agreement, presented and read. CouncilCommittee from $180,000 HUD Special
Member Robbins moved that the proof andPurpose Grant received by the City in 1998;
communication be received and filed.Downtown Rehab Program Loan in amount of
Seconded by Council Member Buol. Motion$300,000; Ten year Tax abatement for
property; Sixteen (16) parking permits in
carried 7-0.
municipal lot located across from Iowa St.,),
Council Member Michalski moved that the
RESOLUTION NO. 480-97
communications be received and filed and set
A RESOLUTION AUTHORIZING THE
Public Hearing for 1-19-98 at 7:00 p.m. in the
EXECUTION OF AN ASSESSMENT
Public Library Auditorium and direct the City
AGREEMENT WITH WEBER PAPER
Clerk to publish notice in the manner
COMPANY.
prescribed by law. . Seconded by Council
Whereas, the City Council, after public
Member Krieg. Motion carried 7-0.
hearing, duly adopted an Amended and
Restated Urban Renewal Plan for the
RESOLUTION NO. 481-97
Dubuque Industrial Center Economic
A RESOLUTION AUTHORIZING A LETTER
Development District; and
OF COMMITMENT AND ADDITIONAL
Whereas, said Plan provides that the City
ACTIONS CONCERNING A DOWNTOWN
Regular Session, November 17, 1997
REHABILITATION LOAN TO STOUTas found in Chapter 404 “Urban Revitalization”
PLACE APARTMENTS, L. C.of the Iowa Code; and
Whereas, the City of Dubuque, Iowa, hasWhereas, the City Council has determined
created a Downtown Rehabilitation Loanthat the creation of an Urban Revitalization
Program for the purpose of stimulatingDistrict will provide additional authority and
reinvestment in the Downtown Dubuqueregulations to encourage reinvestment and
Urban Renewal District; andredevelopment of the former Iowa Inn property;
Whereas, the City of Dubuque, Iowa isand
encouraging the use of this loan program toWhereas, Chapter 404 of the Iowa Code
finance code compliance activities and to spurrequires that before urban revitalization
job creation and upper story housing unitauthority may be exercised, a City Council
development; andmust adopt a resolution of necessity finding
Whereas, the loan application from thethat the area in question is a slum, blighted or
Stout Place Apartments, L. C. meets theeconomic development area, and that so
requirements of this program; and designating such area is necessary in the
Whereas, a Commitment Letter, heretointerest of the public health, safety or welfare
attached and by this reference made a partof the residents of the municipality.
hereof, sets forth the terms and conditions ofNOW, THEREFORE, BE IT RESOLVED
Stout Place Apartments, L. C.'s participationBY THE CITY COUNCIL OF THE CITY OF
in the Downtown Rehabilitation Loan Program.DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVEDSection 1. That the following described
BY THE CITY COUNCIL OF THE CITY OFarea is a blighted area as defined by Chapter
DUBUQUE, IOWA:404 of the Iowa Code and is appropriate for an
Section 1. That the application of Stouturban renewal project to wit:
Place Apartments, L. C. for participation in theSouth ½ of City Lot 167, City Lot 168 and
Downtown Rehabilitation Loan Program isCity Lot 168A all in Section 24, Township
hereby accepted and approved.89 North, Range 2 East, 5th P.M.,
Section 2. That the Mayor is herebyDubuque County, Iowa (hereinafter, the
authorized to execute, on behalf of the City“Area”).
Council of the City of Dubuque, Iowa, theSection 2. That the redevelopment of the
attached Commitment Letter and to forwardArea is necessary and appropriate to facilitate
said letter to Stout Place Apartments, L. C. forthe proper growth and development of the
review and approval.community in accordance with sound planning
Section 3. That the City Manager be andand local community objectives.
he is hereby directed to prepare, uponSection 3. That the City Manager is
execution and receipt of the attachedauthorized and directed to prepare an Urban
Commitment Letter by the applicant, theRevitalization Plan for the area and to forward
necessary loan documents in accordance withsaid Plan to the City’s Long Range Planning
the terms and conditions set forth in saidCommission for review and comment.
Commitment Letter.Section 4. That the City Clerk is further
Section 4. That the City Manager is herebydirected to send by ordinary mail a copy of
authorized to execute, on behalf of the Citysaid notice of public hearing to the last know
Council of the City of Dubuque, Iowa, alladdress of the owners of record and to the
necessary loan documents and is furtheroccupants of the address located within the
authorized to disburse loan funds from theproposed area.
Downtown Rehabilitation Loan Program, inPASSED, APPROVED and ADOPTED
accordance with the terms and conditions ofthis 17th day of November, 1997.
the executed agreement.Terrance M. Duggan, Mayor
Passed, approved and adopted this 17thATTEST: Mary A. Davis, City Clerk
day of November, 1997. Council Member Michalski moved adoption
Terrance M. Duggan, Mayorof the Resolution. Seconded by Council
Attest: Mary A. Davis, City ClerkMember Krieg. Motion carried 7-0.
Council Member Michalski moved adoptionMarty McNamer requesting to purchase a
of the Resolution. Seconded by Councilparcel of land located at intersection of
Member Krieg. Motion carried 7-0. Fremont Avenue and Bonnie Court, and Copy
RESOLUTION NO. 482-97of communication of Public Works Director
A RESOLUTION OF NECESSITY FINDINGsent to Mr. McNamer, dated October 23, 1997
THAT THE FORMER IOWA INNresponding to request and concerns,
PROPERTY IS AN AREA MEETING THEpresented and read. Council Member
DEFINITION OF BLIGHT AND THATNicholson moved that the City negotiate with
REDEVELOPMENT OF SAID AREA ISMr. McNamer for the sale of the property and
NECESSARY IN THE INTEREST OF THEresolve his threat for taking and no access to
RESIDENTS OF THE CITY OF DUBUQUE,either road or we keep it. Seconded by
IOWA.Council Member Krieg. Motion carried 7-0.
Whereas the City Council of the City of
Dubuque has determined that theCity Manager recommending approval to
redevelopment of the former Iowa Inn propertypurchase 4 remanufactured Buses from Blitz
will enhance the City’s ongoing downtownfor Keyline, presented and read. Council
economic development and rehabilitationMember Nicholson moved that the
efforts; and communication be received and filed and
Whereas the City Council has found thatrecommendation approved. Seconded by
the area meets the definition of a blighted areaCouncil Member Buol. Motion carried 7-0.
Regular Session, November 17, 1997
City Manager submitting an Ordinance3. Notwithstanding paragraph (5), the
amending certain portions of Section 5 of theapplicant is a citizen of the United States and
City Code of Ordinances, presented and read.a resident of the state, or is licensed to do
Council Member Michalski moved that thebusiness in the state in the case of a
communication be received and filed.corporation. Notwithstanding paragraph (5), in
Seconded by Council Member Nicholson.the case of a partnership, only one general
Motion carried 7-0. partner need be a resident of this state.
4. The person has not been convicted of a
An Ordinance Amending certain portion offelony; however, if a conviction of a felony
Section 5 of Code of Ordinances “Alcoholicoccurred more than five (5) years before the
Beverages” to be in conformity with State Law,application for a license or permit, and if the
presented and read.person’s rights of citizenship have been
restored by the governor, the director may
(OFFICIAL PUBLICATION)determine that the person is a person of moral
ORDINANCE NO. 68-97character notwithstanding the conviction.
AN ORDINANCE AMENDING CHAPTER 55. The requirements of this subsection
“ALCOHOLIC BEVERAGES” OF THEapply to the following:
CODE OF ORDINANCES OF THE CITY OFa) Each of the officers, directors, and
DUBUQUE, IOWA, BY AMENDING INpartners of such person.
SECTION 5-2 “DEFINITIONS,” THEb) A person who directly or indirectly owns or
DEFINITIONS OF “LEGAL AGE” ANDcontrols ten percent or more of any class of
“PERSONS OF GOOD MORALstock of such person.
CHARACTER”; AMENDING SECTION 5-3c) A person who directly or indirectly has an
“PROHIBITED SALES AND ACTS”;interest of ten percent or more in the
AMENDING SECTION 5-4 “SUNDAYownership or profits of such person.
SALES”; AMENDING SECTION 5-7Section 2. That Section 5-3 of the Code of
“PERSONS UNDER AGE TWENTY ONE”;Ordinances of the City of Dubuque be
AMENDING SECTION 5-7.1 “PERSONSamended to read as follows:
UNDER TWENTY ONE YEARS OF AGEA person or club holding a liquor license or
PROHIBITED FROM ATTEMPTING TOretail wine or beer permit under this Chapter,
PURCHASE OR OTHERWISE OBTAINand the person’s or club’s agents or
ALCOHOLIC LIQUOR, AND FROMemployees, shall not do any of the following:
MISREPRESENTING THE PERSON’S1) Sell, dispense, or give to any intoxicated
AGE”; REPEALING SECTION 5-20person, or a person simulating intoxication,
“CLASSES OF BEER PERMITS AND WINEany alcoholic liquor, wine or beer.
PERMITS”; REPEALING SECTION 5-212) Sell or dispense any alcoholic liquor,
ENTITLED “CLASSES OF LIQUORwine or beer on the premises covered by the
CONTROL LICENSES”; AMENDINGlicense or permit, or permit its consumption
SECTION 5-27 ENTITLEDthereon between the hours of two o’clock
“REQUIREMENTS FOR PREMISES”(2:00) AM and six o’clock (6:00) AM on any
AMENDING SECTION 5-29 ENTITLEDweekday, and between the hours of two
“FEES AND SURCHARGES”; AMENDINGo’clock (2:00) AM on Sunday and six o’clock
SECTION 5-36 “SUSPENSION AND(6:00) AM on the following Monday; however,
REVOCATION-GENERALLY; GROUNDS”a holder of a liquor control license or retail
AMENDING SECTION 5-37 “SAME-beer permit granted the privilege of selling
SPECIFIC TERMS.” alcoholic liquor, wine or beer on Sundays, may
NOW, THEREFORE, BE IT ORDAINEDsell or dispense such liquor, wine or beer on
BY THE CITY COUNCIL OF THE CITY OFSunday only between the hours of eight
DUBUQUE, IOWA:o’clock (8:00) AM and two o’clock (2:00) AM
Section 1. That Section 5-2 of the Code ofthe following Monday.
Ordinances of the City of Dubuque definitions3) Sell alcoholic beverages, wine or beer to
of “legal age” and “persons of good moralany person on credit, except with a bona fide
character” be amended to read as follows:credit card. This provision shall not apply to
Legal age means twenty one (21) years ofsales by a club to its members nor to sales by
age or more.a hotel or motel to bona fide registered guests.
Persons of good moral character means4) Employ any person under the age of
eighteen (18) years in the sale or serving of
any person who meets all of the following
alcoholic liquor, wine or beer for consumption
requirements:
on the premises where sold.
1. The person has such financial standing
5) In the case of a retail beer or wine
and good reputation as will satisfy the Council
permittee, knowingly allow the mixing or
and the Director that the person will comply
adding of alcohol or any alcoholic beverage to
with the Iowa Alcoholic Beverages Control Act,
beer, wine or any other beverage in or about
all other laws, provisions of the Code, other
the permittee’s place of business.
city ordinances, and regulations applicable to
6) Keep, or allow to be kept, gambling
the person’s operations under State law.
devices of any kind or description on the
However, the Council shall not require the
premises of place of business of the licensee
person to post a bond to meet the
or permit holder, contrary to law.
requirements of this paragraph.
7) Keep on premises covered by a liquor
2. The person is not prohibited by the
control license any alcoholic liquor in any
provisions of Section 5-39 from obtaining a
container except the original package
liquor license or beer permit.
purchased from the Division, and except
Regular Session, November 17, 1997
mixed drinks or cocktails mixed on thefor a reasonable length of time by a police
premises for immediate consumption. Thisofficer, owner, operator or an employee of a
prohibition does not apply to common carrierspublic establishment or private club where
holding a Class D liquor control license.alcoholic liquor, wine or beer is sold or
8) Reuse for packaging alcoholic liquor ordispensed for off-premises or on-premises
wine any container or receptacle usedconsumption for the purpose of investigating
originally for packaging alcoholic liquor oror determining the person’s true age and
wine; or adulterate, by the addition of anyidentity. Such detention shall not render the
substances, the content or remaining contentsdetainer criminally or civilly liable for false
of an original package of an alcoholic liquor orarrest, false imprisonment or unlawful
wine; or knowingly possess any originaldetention.
package which has been so reused orc) The manager of any public
adulterated.establishment that sells alcoholic liquor, wine
Section 3. That Section 5-4 of the Code ofor beer for on-premises or off-premises
Ordinances of the City of Dubuque beconsumption and the manager of any private
amended to read as follows:club that serves alcoholic liquor, wine or beer
Any club, hotel, motel or commercialfor on-premises consumption shall be required
establishment holding a liquor control licenseto post in a conspicuous place a notice
or beer permit may apply for and receivestating:
permission, in accordance with section 123 ofNOTICE TO PERSONS
the Code of Iowa, to sell and dispenseUNDER 21 YEARS OF AGE
alcoholic liquor, wine and beer to patrons onYou are subject to a maximum $100.00
Sunday between the hours of eight o’clockfine for a first offense for attempting to
(8:00) AM Sunday and two o’clock (2:00) AMpurchase or otherwise obtain alcoholic
the following Monday.liquor, wine or beer or for misrepresenting
Section 4. That Section 5-7 of the Code ofyour age for the purpose of purchasing
Ordinances of the City of Dubuque bealcoholic liquor, wine or beer.
amended to read as follows:The size of said notice shall be not less
a) A person or persons under legal agethan eight and one-half inches by eleven
shall not purchase or attempt to purchase, orinches.
individually or jointly have alcoholic liquor, wine(8 1/2” x 11”)
or beer in their possession or control; exceptSection 6. That the Code of Ordinances of
in the case of liquor, wine or beer given orthe City of Dubuque be amended by repealing
dispensed to a person under the legal ageSection 5-20 entitled “Classes of beer permits
within a private home and with the knowledge,and wine permits.”
presence, and consent of the parent orSection 7. That the Code of Ordinances of
guardian, for beverage or medicinal purposesthe City of Dubuque be amended by repealing
or administered to the person by either ag Section 5-21 entitled “Classes of liquor
physician or dentist for medicinal purposescontrol licenses.”
and except to the extent that a person underSection 8. That Section 5-27 of the Code
the legal age may handle alcoholic liquor, wineof Ordinances of the City of Dubuque be
and beer during the regular course of theamended to read as follows:
person’s employment by a liquor controla) An applicant for a liquor control license,
licensee, or wine or beer permittee under thiswine permit or beer permit, as further condition
section.for approval by the council, must give consent
b) A person who is under legal age, otherin writing on the application that members of
than a licensee or permittee, who violates thisthe fire and police departments and the
section regarding the purchase of or attemptbuilding and health services divisions may
to purchase alcoholic liquor, wine or beer, orenter upon the premises without warrant to
possessing or having control of alcoholicinspect for violations of the provisions of state
liquor, wine or beer commits a simplelaw and of this chapter.
misdemeanor punishable by a fine of oneb) In addition to any other requirements,
hundred dollars for the first offense.the premises for which a beer permit, wine
Section 5. That Section 5-7.1 of the Codepermit, or liquor control license is sought shall
of Ordinances of the City of Dubuque bemeet the following requirements.
amended to read as follows:1) No liquor control license, wine permit or
a) A person under legal age shall notbeer permit shall be approved for premises
misrepresent the person’s age for the purposewhich do not conform to all applicable laws,
of purchasing or attempting to purchase anyprovisions of this code and other ordinances,
alcoholic liquor, wine or beer from any licenseeresolutions and health and fire regulations.
or permittee. If any person under the legal age2) No licensee shall have or maintain any
misrepresents the person’s age, and theinterior access to residential or sleeping
licensee or permittee establishes that thequarters unless permission is granted by the
licensee or permittee made reasonable inquiryadministrator in the form of a living quarters
to determine whether the prospectivepermit.
purchaser was over the legal age, the licensee3) The premises for which a retail beer
or permittee is not guilty of selling alcoholicpermit is sought shall be located within a
liquor, wine or beer to a person under legalbusiness district or an area now or hereafter
age.zoned to permit such business and shall
b) A person violating this section orconform to the zoning requirements of the city.
reasonably believed to be violating this sectionHowever, no class B beer permit shall be
may be detained in a reasonable manner andissued for premises located in Local Business
Regular Session, November 17, 1997
A District Classification unless a publicsubsections (1) to (5), inclusive, of section 5-3
hearing is first held therefor and due notice ofof this chapter shall, subject to paragraph (b)
such public hearing has first been given.of this section, be grounds for suspension or
4) The premises of a retail beer permitteerevocation of the license or permit by the
shall, at the time of application, continue to bedivision or the city. However, if any liquor
equipped with sufficient tables and seats tocontrol licensee is convicted of any violation of
accommodate twenty-five (25) persons at onesection 123.49(2)(a), (d), and (3) of the Code
time.of Iowa, or any beer permittee convicted of a
Section 9. That Section 5-29 of the Codeviolation of section 123.49(2)(a) of the Code of
of Ordinances of the City of Dubuque beIowa, the liquor control license, wine or beer
amended to read as follows:permit shall be revoked and shall immediately
Fees and surcharges shall be submittedbe surrendered by the holder, and the bond of
with the respective application for a beerthe license or permit holder shall be forfeited
permit, wine permit, or liquor control license, into the division.
accordance with the requirements of sectionb) If any licensee, wine permittee, beer
123 of the Code of Iowa.permittee or employee of such licensee or
Section 10. That Section 5-36 of the Codepermittee shall be convicted of a violation of
of Ordinances of the City of Dubuque besection 123.49(2)(h) of the Code of Iowa or a
amended to read as follows:retail beer permittee shall be convicted of a
1. In addition to the penalties in Section 5-violation of subsection (5) of 5-3, the city shall,
37, the city council may suspend a license orin addition to the other penalties fixed for such
permit issued pursuant to the chapter for aviolations by this section, assess a penalty as
period not to exceed one year, revoke thefollows.
license or permit, or impose a civil penalty not(1) Upon a first conviction, the violator
to exceed one thousand dollars per violation.shall be assessed a civil penalty in the amount
Before suspension, revocation, or impositionof three hundred dollars ($300). Failure to pay
of a civil penalty, the license or permit holderthe civil penalty will result in automatic
shall be given written notice and ansuspension of the license or permit for a
opportunity for a hearing.period of fourteen (14) days.
2. A license or permit issued under this(2) Upon a second conviction within a
chapter may be suspended or revoked, or aperiod of two (2) years, the violator’s liquor
civil penalty may be imposed on the license orcontrol license, wine or beer permit shall be
permit holder for any of the following causes:suspended for a period of thirty (30) days.
a. Misrepresentation of any material fact in(3) Upon a third conviction within a period
the application for the license or permit.of three (3) years, the violator’s liquor control
b. Violation of any of the provisions of thislicense, wine or beer permit shall be
chapter.suspended for a period of sixty (60) days.
c. Any change in the ownership or interest(4) Upon a fourth conviction within a period
in the business operated under a class “A”,of three (3) years, the violator’s liquor control
class “B”, or class “C” liquor control license, orlicense, wine or beer permit shall be revoked.
any wine or beer permit, which change wasSection 12. This Ordinance shall take
not previously reported to and approved by theeffect upon publication.
local authority and the division.Passed, approved and adopted this 17th
d. An event which would have resulted inday of November, 1997.
disqualification from receiving the Terrance M. Duggan, Mayor
license or permit when originally issued.Attest: Mary A. Davis, City Clerk
e. Any sale, hypothecation, or transfer ofPublished officially in the Telegraph Herald
the license or permit.newspaper this 21st day of November, 1997.
f. The failure or refusal on the part of the1t 11/21Mary A. Davis, City Clerk
licensee or permittee to render any report orCouncil Member Michalski moved that the
remit any taxes to the division under thisrequirement that a proposed Ordinance be
chapter when due.considered and voted on for passage at two
3. A criminal conviction is not aCouncil Meetings prior to the meeting at which
prerequisite to suspension, revocation, orit is to be finally passed be suspended.
imposition of a civil penalty pursuant to thisSeconded by Council Member Nicholson.
section.Motion carried 7-0. Council Member Michalski
4. The city council may suspend any retailmoved final consideration and passage of the
wine or beer permit or liquor control license forOrdinance. Seconded by Council Member
a violation of this ordinance or any of the
Nicholson. Motion carried 7-0.
provisions of the Iowa Alcoholic Beverage
Control Act.
City Manager submitting documents
5. If the cause for suspension is a first
providing for bidding process for Granger
offense violation of 123.49, (2)(h), of the Code
Creek Interceptor Sewer Extension, presented
of Iowa, the city council shall impose a penalty
and read. Council Member Buol moved that
in the amount of three hundred dollars in lieu
the communication be received and filed.
of suspension of the license or permit.
Seconded by Council Member Nicholson.
Section 11. That Section 5-37 of the Code
Motion carried 7-0.
of Ordinances of the City of Dubuque be
amended to read as follows:
RESOLUTION NO. 483-97
a) The conviction of any liquor control
PRELIMINARY APPROVAL
licensee, wine permittee or beer permittee for
OF PLANS AND SPECIFICATIONS
a violation of any of the provisions of
Regular Session, November 17, 1997
NOW THEREFORE, BE IT RESOLVEDspecifications heretofore adopted.
BY THE CITY COUNCIL OF THE CITY OFThat the City Clerk is hereby directed to
DUBUQUE, IOWA:advertise for bids for the construction of the
That the proposed plans, specifications,improvements herein provided, to be published
form of contract and estimated cost for thein a newspaper having general circulation in
Granger Creek Interceptor Sewer Extension,the City of Dubuque, Iowa, which notice shall
in the estimated amount of $1,313,013.03, arenot be less than four days nor more than
hereby approved and ordered filed in the officetwenty days prior to the receipt of said bids at
of the City Clerk for public inspection.2:00 p.m. on the 3rd day of December, 1997.
Passed, adopted and approved this 17thBids shall be opened and read by the City
day of November, 1997.Clerk at said time and will be submitted to the
Terrance M. Duggan, MayorCouncil for final action at 7:00 p.m. on the
Attest: Mary A. Davis, City Clerk15th day of December, 1997.
Council Member Buol moved adoption ofPassed, adopted and approved this 17th
the Resolution. Seconded by Council Memberday of November, 1997.
Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
RESOLUTION NO. 484-97Council Member Buol moved adoption of
FIXING DATE OF HEARINGthe Resolution. Seconded by Council Member
ON PLANS AND SPECIFICATIONSNicholson. Motion carried 7-0.
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminaryZoning Advisory Commission advising of
approval on the proposed plans,their approval to rezone property at 1697
specifications, and form of contract andJackson Street from R-2A to C-1 as requested
placed same on file in the office of the Cityby Vicki Bechen, presented and read. Council
Clerk for public inspection of the GrangerMember Voetberg moved that the
Creek Interceptor Sewer Extension.communication be received and filed.
NOW THEREFORE, BE IT RESOLVEDSeconded by Council Member Buol. Motion
BY THE CITY COUNCIL OF THE CITY OFcarried 7-0.
DUBUQUE, IOWA:
That on the 15th day of December, 1997, aAn Ordinance Amending Zoning Map by
public hearing will be held at 7:00 p.m. in thereclassifying property located at 1697 Jackson
Public Library Auditorium at which timeStreet from R-2A Alternate Two-Family
interested persons may appear and be heardResidential District to C-1 Neighborhood
for or against the proposed plans andCommercial District, presented and read.
specifications, form of contract and cost ofCouncil Member Voetberg moved that the
said improvement, and the City Clerk be andrequirement that a proposed Ordinance be
is hereby directed to cause a notice of timeconsidered and voted on for passage at two
and place of such hearing to be published in aCouncil Meetings prior to the meeting at which
newspaper having general circulation in theit is to be finally passed be suspended.
City of Dubuque, Iowa, which notice shall beSeconded by Council Member Buol. Motion
not less than four days nor more than twentycarried 7-0. Council Member Voetberg moved
days prior to the day fixed for its consideration.that a Public Hearing be held on the proposed
At the hearing, any interested person mayOrdinance on the 1st day of December, 1997
appear and file objections to the proposedat 7:00 p.m. in the Public Library Auditorium
plans, specifications, contract, or estimatedand direct the City Clerk to publish notice in
cost of the improvement.the manner prescribed by law. Seconded by
Passed, adopted and approved this 17thCouncil Member Buol. Motion carried 7-0.
day of November, 1997.
Terrance M. Duggan, MayorZoning Advisory Commission advising of
Attest: Mary A. Davis, City Clerktheir approval to rezone property located at
Council Member Buol moved adoption of305 W. 16th Street from OS to OR District,
the Resolution setting Hearing for 12-15-97 atwith conditions, as requested by Benkel, Inc.,
7:00 p.m. in the Public Library Auditorium andpresented and read. Council Member
direct the City Clerk to publish notice in theVoetberg moved that the communication be
manner prescribed by law. Seconded byreceived and filed. Seconded by Council
Council Member Nicholson. Motion carried 7-Member Nicholson. Motion carried 7-0.
0.
An Ordinance Amending Zoning Map by
RESOLUTION NO. 485-97reclassifying property located at 305 W. 16th
ORDERING BIDSStreet from OS Office Service District to OR
NOW THEREFORE, BE IT RESOLVEDOffice Residential District with Conditions,
BY THE COUNCIL OF THE CITY OFpresented and read. Voetberg moved that the
DUBUQUE, IOWA:requirement that a proposed Ordinance be
That the Granger Creek Interceptor Sewerconsidered and voted on for passage at two
Extension is hereby ordered to be advertisedCouncil Meetings prior to the meeting at which
for bids for construction.it is to be finally passed be suspended.
BE IT FURTHER RESOLVED, that theSeconded by Nicholson. Motion carried 7-0.
amount of the security to accompany each bidVoetberg moved that a Public Hearing be held
shall be in an amount which shall conform toon the proposed Ordinance on the 1st day of
the provisions of the notice to bidders herebyDecember, 1997 at 7:00 p.m. in the Public
approved as a part of the plans andLibrary Auditorium and direct the City Clerk to
Regular Session, November 17, 1997
publish notice in the manner prescribed byHearing be held on the proposed Ordinance
law. Seconded by Nicholson. Motion carriedon the 15th day of December, 1997 at 7:00
7-0. p.m. in the Public Library Auditorium and
direct the City Clerk to publish notice in the
Zoning Advisory Commission advising ofmanner prescribed by law. Seconded by
their approval to rezone property located atCouncil Member Buol. Motion carried 7-0.
Northeast corner of 12th & Pine Street from HI
to MHI District as requested by City ofCity Manager recommending approval to
Dubuque, presented and read. Councilproceed with sale of property at 750 Montcrest
Member Voetberg moved that theand set public hearing for 12-1-97, presented
communication be received and filed.and read. Council Member Voetberg moved
Seconded by Council Member Buol. Motionthat the communication be received and filed.
carried 7-0. Seconded by Council Member Buol. Motion
carried 7-0.
An Ordinance Amending Zoning Map by
reclassifying property located East of PineRESOLUTION NO. 486-97
Street, North of 12th Street, South of 14thRESOLUTION OF INTENT TO DISPOSE OF
Street and West of Highway 61/151 from HIINTEREST IN LOTS 38, 39 AND 40 OF THE
Heavy Industrial District to MHI ModifiedPLEASANT VIEW ADDITION IN THE CITY
Heavy Industrial District, presented and read.OF DUBUQUE TO WILLIAM G. AND
Council Member Voetberg moved that thePATRICIA M. MCGUIRE
requirement that a proposed Ordinance beWhereas, the City of Dubuque is the
considered and voted on for passage at twocurrent owner of Lots 38, 39 and 40 of
Council Meetings prior to the meeting at whichPleasant View Addition in the City of
it is to be finally passed be suspended.Dubuque, Iowa; and
Seconded by Council Member Buol. MotionWhereas, the adjacent property owners,
carried 7-0. Council Member Voetberg movedWilliam G. and Patricia M. McGuire, have
that a Public Hearing be held on the proposedpetitioned to purchase said property from the
Ordinance on the 1st day of December, 1997City of Dubuque.
at 7:00 p.m. in the Public Library AuditoriumNow, Therefore, Be It Resolved by the City
and direct the City Clerk to publish notice inCouncil of the City of Dubuque, Iowa:
the manner prescribed by law. Seconded bySection 1. That the City of Dubuque, Iowa
Council Member Buol. Motion carried 7-0. intends to dispose of its interest in Lots 38, 39
and 40 of Pleasant View Addition to William
Zoning Advisory Commission advising ofG. and Patricia M. McGuire.
their denial to rezone property located at 475Section 2. That the conveyance of the
E. 28th Street from CS & R-2 to LI District asCity’s interest shall be for the sum of $1.00
requested by Fred Jackson Tuckpointing,plus publication and filing fees and the
presented and read. Council Member Buolconveyance to William G. and Patricia M.
moved that the communication be receivedMcGuire shall be by Quit Claim Deed.
and filed. Seconded by Council MemberSection 3. That the City Clerk be and is
Robbins. Motion carried 7-0. hereby authorized and directed to cause a
notice to be published as prescribed under
An Ordinance Amending Zoning Map bySection 364.7 Disposal of Property, Code of
reclassifying property located at 475 East 28thIowa, 1997, as amended.
Street from R-2 Two-Family ResidentialPassed, approved and adopted this 17th
District and CS Commercial Service andday of November, 1997.
Wholesale District to LI Light IndustrialTerrance M. Duggan, Mayor
District, presented and read. Council MemberAttest: Mary A. Davis, City Clerk
Buol moved that a Public Hearing be held onCouncil Member Voetberg moved adoption
the proposed Ordinance on the 15th day ofof the Resolution and set Public Hearing for
December, 1997 at 7:00 p.m. in the Public12-1-97 at 7:00 p.m. in the Public Library
Library Auditorium and direct the City Clerk toAuditorium and direct the City Clerk to publish
publish notice in the manner prescribed bynotice in the manner prescribed by law.
law. Seconded by Council Member Robbins.Seconded by Council Member Buol. Motion
Motion carried 7-0. carried 7-0.
Zoning Advisory Commission advising ofThere being no further business, Council
their denial to rezone property located at 3285Member Voetberg moved to adjourn.
Asbury Road from OR to C-2 as requested bySeconded by Council Member Michalski.
Paul Fahey, presented and read. CouncilMotion carried 7-0. The meeting adjourned at
Member Michalski moved that the9:55 p.m.
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0. Mary A. Davis CMC
City Clerk
An Ordinance Amending Zoning Map by
reclassifying property located at 3285 Asbury
Road from OR Office Residential District withApproved , 1998
Conditions to C-2 Neighborhood Shopping
Center District, presented and read. CouncilAdopted , 1998
Member Michalski moved that a Public
Regular Session, November 17, 1997
Mayor
Council Members
Attest:
City Clerk