1995 April Council ProceedingsSpecial Session, April 3, 19952
DUBUQUE
CITY COUNCIL
Approved ______________________, 1996.
OFFICIAL
PROCEEDINGS
Adopted _______________________, 1996.
Special Session, Monday, April 3, 1995
____________________________________
Council Met at 5:00 p.m. at the Public Library.
Mayor
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
____________________________________
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl and Assistant
City Manager Nancy Guider.
____________________________________
Dinner was served and introduction of New
Project Manager, Carey Lewis, for Highway____________________________________
20/Dodge Street Project took place. The IDOT
Engineers presented an update on Highway #20,
____________________________________
Dodge Street Project.
There being no further business, Council
____________________________________
Member Nagle moved to adjourn. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas—Mayor Duggan, Council____________________________________
Members Kluesner, Krieg, Nagle, Nicholson,
Council Members
Robbins, Voetberg. Nays—None. Meeting
adjourned at 6:19 p.m.
Attest:
Mary A. Davis CMC
____________________________________
City Clerk
City Clerk
3Regular Session, April 3, 1995
received and filed. Seconded by Council Member
Nagle. Carried by the following vote:
DUBUQUE
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
CITY COUNCIL
Corporation Counsel recommending denial of
following claims: Property damage of Rose Flynn;
OFFICIAL
Sewer backup of Jean Kohn, presented and read.
Council Member Krieg moved that the
PROCEEDINGS
communications be received and filed and denials
approved. Seconded by Council Member Nagle.
Carried by the following vote: Yeas—Mayor
Regular City Council Meeting, April 3, 1995
Duggan, Council Members Kluesner, Krieg,
Council Met at 7:00 p.m., Public Library
Nagle, Nicholson, Robbins, Voetberg.
Auditorium.
Nays—None.
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Corporation Counsel recommending settlement
Voetberg, City Manager Michael Van Milligen,
of car damage claim of Michael W. Puetz in the
Corporation Counsel Barry A. Lindahl.
amount of $529.44, presented and read. Council
Member Krieg moved that the communication be
Mayor Duggan read the call and stated this is
received and filed and settlement approved and
the Regular Session of the City Council called for
Finance Director to issue proper check. Seconded
the purpose to act upon such business which may
by Council Member Nagle. Carried by the
properly come before the Council.
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Invocation was given by Rev. Lester Moore,
Robbins, Voetberg. Nays—None.
Interim Pastor, St. Luke's United Methodist
Church.
REFUNDS REQUESTED — Howard Raber
d/b/a Two Twenty-Five, $211.25 on unexpired
PROCLAMATIONS — Month of April as
Liquor License; Debra George $25.00 on
"Child Abuse Prevention Month" received by Sue
unexpired Cigarette License, presented and read.
Davison; April 9-15 as "Library Week" received
Council Member Krieg moved that the refunds be
by Janet Marxen; and April 10-14 as "Community
approved and Finance Director to issue proper
Development Week" received by Community
checks. Seconded by Council Member Nagle.
Development Director Jim Burke.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
MINUTES SUBMITTED — Five Flags
Nagle, Nicholson, Robbins, Voetberg.
Commission of 3-20; Housing Code Appeals
Nays—None.
Board of 1-17; Housing Commission of 3-14;
Library Board of Trustees of 2-23; Mechanical
Corporation Counsel requesting formal
Board of 3-15; Park & Recreation Commission of
approval on execution of Settlement Agreement
3-14; Transit Board of 3-9, presented and read.
regarding Dubuque Racing Association, Ltd. et al
Council Member Krieg moved that the minutes be
vs. Dubuque Casino Belle, presented and read.
received and filed. Seconded by Council Member
Council Member Krieg moved that the execution
Nagle. Carried by the following vote:
be approved. Seconded by Council Member
Yeas—Mayor Duggan, Council Members
Nagle. Carried by the following vote:
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Yeas—Mayor Duggan, Council Members
Voetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
NOTICES OF CLAIMS/SUITS — Mr. & Mrs.
Harold Ehlers in amount of $1,485.00 for property
Historic Preservation Commission
damages; Jean Kohn in amount of $122.00 for
recommending approval to demolish the garages
backed up sewer damages; Stuart Voigts, Duane
located behind 1101-1135 Main Street, presented
Goodwin, James Engelhart, Stephen Lam and Tom
and read. Council Member Krieg moved that
Smith vs. Menard, Inc. and the City of Dubuque
communication be received and filed. Seconded
for wrongful detainment, presented and read.
by Council Member Nagle. Carried by the
Council Member Krieg moved that the claims and
following vote: Yeas—Mayor Duggan, Council
suits be referred to the Legal Staff for investigation
Members Kluesner, Krieg, Nagle, Nicholson,
and report. Seconded by Council Member Nagle.
Robbins, Voetberg. Nays—None.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
City Manager advising Delos Bohsack
Nagle, Nicholson, Robbins, Voetberg.
indicates he does not support stop signs on Lincoln
Nays—None.
Ave., presented and read. Council Member Krieg
moved that the communication be received and
Corporation Counsel advising following claims
filed. Seconded by Council Member Nagle.
have been sent to Crawford & Company: Property
Carried by the following vote: Yeas—Mayor
damage of David Beidler; Personal injury-slip and
Duggan, Council Members Kluesner, Krieg,
fall of Placidia Blondin; Medical expenses and
Nagle, Nicholson, Robbins, Voetberg.
property damage of Ron and Sandra Data; Truck
Nays—None.
damage of William Little; Personal injury fall on
ice of Kim Runde, presented and read. Council
City Manager requesting Mayor be authorized
Member Krieg moved that the communications be
to execute an application for funds for traffic
Regular Session, April 3, 19954
signals at Northwest Arterial and Asbury Rd.,Kluesner, Krieg, Nagle, Nicholson, Robbins,
presented and read. Council Member Krieg movedVoetberg. Nays—None.
that the communication be received and filed.
Seconded by Council Member Nagle. Carried byProofs of Publication certified to by the
the following vote: Yeas—Mayor Duggan,Publisher on Notice of Hearing on Plans and
Council Members Kluesner, Krieg, Nagle,Specifications for 1995 P.C. Concrete Paving
Nicholson, Robbins, Voetberg. Nays—None.Project consisting of Walnut and Wilson Streets;
Proof of Publication certified to by the Publisher
on Notice to property owners for above project,
RESOLUTION NO. 105-95
RESOLUTION APPROVING REQUESTpresented and read. Seconded by Council Member
FOR TRAFFIC SAFETY FUNDS RELATINGVoetberg. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
TO THE CONSTRUCTION OF TRAFFIC
SIGNALS AT THE NORTHWESTKluesner, Krieg, Nagle, Nicholson, Robbins,
ARTERIAL AND ASBURY ROADVoetberg. Nays—None.
Whereas, the Iowa Department ofRichard and Jean Hesseling objecting to
Transportation has provided Traffic Safety Fundsinstallation of sidewalk contained within the
to cities for traffic safety improvements at certainproject, however, do not object to street repairs,
high accident locations; andpresented and read. Jean Hesseling spoke
Whereas, the City has prepared a grantobjecting to sidewalk installation. Council
application for said Traffic Safety Funds relatingMember Nagle moved that the communication be
to the proposed traffic signalization at thereceived and filed. Seconded by Council Member
intersection of the Northwest Arterial and AsburyVoetberg. Carried by the following vote:
Road; andYeas—Mayor Duggan, Council Members
Whereas, the City of Dubuque approves of saidKluesner, Krieg, Nagle, Nicholson, Robbins,
grant application for Traffic Safety Funds.Voetberg. Nays—None.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 106-95
DUBUQUE, IOWA:RESOLUTION ADOPTING PLANS
Section 1. That the grant application forAND SPECIFICATIONS
Traffic Safety Funds for a portion of the cost ofWhereas, on the 1st day of March, 1995, plans,
installing traffic signals at the Northwest Arterialspecifications, form of contract and estimated cost
and Asbury Road be approved.were filed with the City Clerk of Dubuque, Iowa
Section 2. That the Mayor be authorized andfor the 1995 P.C. Concrete Paving Project.
directed to execute the grant application andWhereas, notice of hearing on plans,
forward the application to the Iowa Department ofspecifications, form of contract, and estimated cost
Transportation for their approval.was published as required by law.
Passed, approved and adopted this 3rd day ofNOW THEREFORE, BE IT RESOLVED BY
April, 1995.THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, MayorDUBUQUE, IOWA:
Attest:That the said plans, specifications, form of
Mary A. Davis, City Clerkcontract and estimated cost are hereby approved as
Council Member Krieg moved adoption of thethe plans, specifications, form of contract and
Resolution. Seconded by Council Member Nagle.estimated cost for said improvements for said
Carried by the following vote: Yeas—Mayorproject.
Duggan, Council Members Kluesner, Krieg,Passed, adopted and approved this 3rd day of
Nagle, Nicholson, Robbins, Voetberg.April, 1995.
Nays—None.Terrance M. Duggan, Mayor
Attest:
Human Rights Commission ChairpersonMary A. Davis, City Clerk
responding to letter received from Ruth Nash, as Council Member Nagle moved adoption of the
requested by Council, presented and read. CouncilResolution. Seconded by Council Member
Member Krieg moved that the communication beVoetberg. Carried by the following vote:
received and filed. Seconded by Council MemberYeas—Mayor Duggan, Council Members
Nagle. Carried by the following vote:Kluesner, Krieg, Nagle, Nicholson, Robbins,
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 107-95
RESOLUTION WITH RESPECT TO THE
City Manager responding to request fromADOPTION OF THE RESOLUTION OF
Cascade Development Corporation regarding state
NECESSITY PROPOSED FOR THE 1995
assistance for Jay's Inc. to relocate to Cascade, IA.,P.C. CONCRETE PAVING PROJECT
presented and read. Council Member Krieg movedWhereas, the City Council has proposed a
that the communication be received and filed.Resolution of Necessity for the 1995 P.C. Concrete
Seconded by Council Member Nagle. Carried byPaving Project, has given notice of the public
the following vote: Yeas—Mayor Duggan,hearing thereon as required by law; and
Council Members Kluesner, Krieg, Nagle,Whereas, the public hearing has been held, all
Nicholson, Robbins, Voetberg. Nays—None.persons offering objections have been heard and
consideration given to all objections and is pending
Council Member Nagle moved that the rules bebefore this Council; and
suspended to allow anyone present to address theWhereas, this is the time and place set as
Council if they so desire. Seconded by Councilprovided for the taking of action on the proposed
Member Voetberg. Carried by the following vote:Resolution of Necessity.
Yeas—Mayor Duggan, Council Members
5Regular Session, April 3, 1995
NOW THEREFORE, BE IT RESOLVED BYwere filed with the City Clerk of Dubuque, Iowa
THE CITY COUNCIL OF THE CITY OFfor the Alice Street Retaining Wall.
DUBUQUE, IOWA:Whereas, notice of hearing on plans,
That the proposed Resolution of Necessityspecifications, form of contract, and estimated cost
described above is hereby:was published as required by law.
Adopted, without amendment, and allNOW THEREFORE, BE IT RESOLVED BY
objections filed or made having been dullyTHE CITY COUNCIL OF THE CITY OF
considered are overruled.DUBUQUE, IOWA:
Passed, adopted and approved this 3rd day ofThat the said plans, specifications, form of
April, 1995.contract and estimated cost are hereby approved as
Terrance M. Duggan, Mayorthe plans, specifications, form of contract and
Attest:estimated cost for said improvements for said
Mary A. Davis, City Clerkproject.
Council Member Nagle moved adoption of thePassed, adopted and approved this 3rd day of
Resolution. Seconded by Council MemberApril, 1995.
Voetberg. Carried by the following vote:Terrance M. Duggan, Mayor
Yeas—Mayor Duggan, Council MembersAttest:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Mary A. Davis, City Clerk
Voetberg. Nays—None.Council Member Voetberg moved adoption of
the Resolution. Seconded by Council Member
RESOLUTION NO. 108-95Nagle. Carried by the following vote:
ORDERING BIDSYeas—Mayor Duggan, Council Members
NOW THEREFORE, BE IT RESOLVED BYKluesner, Krieg, Nagle, Nicholson, Robbins,
THE COUNCIL OF THE CITY OF DUBUQUE,Voetberg. Nays—None.
IOWA:Proof of Publication certified to by the
That the 1995 P.C. Concrete Paving Project isPublisher on Notice to Bidders on receipt of bids
hereby ordered to be advertised for bids forfor project and City Manager recommending to
construction.award contract for project, presented and read.
BE IT FURTHER RESOLVED, that theCouncil Member Voetberg moved that the proof
amount of the security to accompany each bid shalland communication be received and filed.
be in an amount which shall conform to theSeconded by Council Member Nagle. Carried by
provisions of the notice to bidders hereby approvedthe following vote: Yeas—Mayor Duggan,
as a part of the plans and specifications heretoforeCouncil Members Kluesner, Krieg, Nagle,
adopted.Nicholson, Robbins, Voetberg. Nays—None.
That the City Clerk is hereby directed to
advertise for bids for the construction of theRESOLUTION NO. 110-95
improvements herein provided, to be published inAWARDING CONTRACT
a newspaper having general circulation in the CityWhereas, sealed proposals have been submitted
of Dubuque, Iowa, which notice shall not be lessby contractors for the Alice Street Retaining Wall
than four days nor more than twenty days prior topursuant to Resolution No. 82-95 and notice to
the receipt of said bids at 2:00 p.m. on the 20thbidders published in a newspaper published in the
day of April, 1995. Bids shall be opened and readCity of Dubuque, Iowa on the 9th day of March,
by the City Clerk at said time and will be1995.
submitted to the Council for final action at 7:30Whereas, said sealed proposals were opened
p.m. on the 1st day of May, 1995.and read on the 23rd day of March, 1995 and it
Passed, adopted and approved this 3rd day ofhas been determined that the bid of William
April, 1995.Becker and Sons Stone Company, Inc. of
Terrance M. Duggan, MayorDubuque, Iowa in the amount of $64,370.00 was
Attest:the lowest bid for the furnishings of all labor and
Mary A. Davis, City Clerkmaterials and performing the work as provided for
Council Member Nagle moved adoption of thein the plans and specifications.
Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED BY
Voetberg. Carried by the following vote:THE CITY COUNCIL OF THE CITY OF
Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA:
Kluesner, Krieg, Nagle, Nicholson, Robbins,That the contract for the above improvement be
Voetberg. Nays—None.awarded to William Becker and Sons Stone
Company, Inc. and the Manager be and is hereby
Proof of Publication certified to by thedirected to execute a contract on behalf of the City
Publisher on Notice of Hearing on Plans andof Dubuque for the complete performance of the
Specifications for Alice Street Retaining Wall,work.
presented and read. Council Member VoetbergBE IT FURTHER RESOLVED:
moved that the proof be received and filed. That upon the signing of said contract and the
Seconded by Council Member Nagle. Carried byapproval of the contractor's bond, the City
the following vote: Yeas—Mayor Duggan,Treasurer is authorized and instructed to return the
Council Members Kluesner, Krieg, Nagle,bid deposits of the unsuccessful bidders.
Nicholson, Robbins, Voetberg. Nays—None.Passed, approved and adopted this 3rd day of
April, 1995.
Terrance M. Duggan, Mayor
RESOLUTION NO. 109-95
RESOLUTION ADOPTING PLANSAttest:
AND SPECIFICATIONSMary A. Davis, City Clerk
Whereas, on the 1st day of March, 1995, plans,Council Member Voetberg moved adoption of
specifications, form of contract and estimated costthe Resolution. Seconded by Council Member
Nagle. Carried by the following vote:
Regular Session, April 3, 19956
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Council Member
Kluesner, Krieg, Nagle, Nicholson, Voetberg.Voetberg moved final consideration and passage of
Nays—None. the Ordinance. Seconded by Council Member
Nagle. Carried by the following vote:
Proof of Publication certified to by theYeas—Mayor Duggan, Council Members
Publisher on Notice of Public Hearing to considerKluesner, Krieg, Nagle, Nicholson, Robbins,
reclassifying property located on the east side ofVoetberg. Nays—None.
White Street between 8th & 11th Streets from HI
to C-4 District, presented and read. CouncilProof of Publication certified to by the
Member Voetberg moved that the proof bePublisher on Notice of Public Hearing to consider
received and filed. Seconded by Council Membera text amendment to the zoning ordinance
Nagle. Carried by the following vote:pertaining to maximum size of accessory
Yeas—Mayor Duggan, Council Membersbuildings, presented and read. Council Member
Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg moved that the proof be received and
Voetberg. Nays—None.filed. Seconded by Council Member Nagle.
An Ordinance amending Zoning Map byCarried by the following vote: Yeas—Mayor
reclassifying property located on the East side ofDuggan, Council Members Kluesner, Krieg,
White Street between 8th & 11th Streets from HINagle, Nicholson, Robbins, Voetberg.
Heavy Industrial District to C-4 DowntownNays—None.
Commercial District, said Ordinance presented andAn Ordinance amending Zoning Ordinance by
read at the Council Meeting of March 20,adopting a new Section 4-1.2(B) in lieu thereof
presented for further action. pertaining to maximum size of accessory
buildings, presented and read at the Council
(OFFICIAL PUBLICATION)Meeting of March 17th, presented for further
ORDINANCE NO. 22-95action.
AN ORDINANCE AMENDING APPENDIX
A (THE ZONING ORDINANCE) OF THE(OFFICIAL PUBLICATION)
CITY OF DUBUQUE CODE OFORDINANCE NO. 23-95
ORDINANCES, BY RECLASSIFYINGAN ORDINANCE AMENDING APPENDIX
HEREINAFTER DESCRIBED PROPERTYA (THE ZONING ORDINANCE) OF THE
LOCATED ON THE EAST SIDE OF WHITECITY OF DUBUQUE CODE OF
STREET BETWEEN 8TH AND 11THORDINANCES, BY REPEALING SECTION
STREETS FROM HI HEAVY INDUSTRIAL4-1.2(B) AND ADOPTING SECTION 4-1.2(B)
DISTRICT TO C-4 DOWNTOWNIN LIEU THEREOF PERTAINING TO
COMMERCIAL DISTRICT.MAXIMUM SIZE OF ACCESSORY
NOW, THEREFORE, BE IT ORDAINED BYBUILDINGS.
THE CITY COUNCIL OF THE CITY OFNOW THEREFORE, BE IT ORDAINED BY
DUBUQUE, IOWA:THE CITY COUNCIL OF THE CITY OF
Section 1. That Appendix A (the ZoningDUBUQUE, IOWA:
Ordinance) of the City of Dubuque Code ofSection 1. Appendix A (the Zoning Ordinance)
Ordinances is hereby amended by reclassifying theof the City of Dubuque Code of Ordinances is
hereinafter described property from HI Heavyhereby amended by repealing Section 4-1.2(B) and
Industrial District to C-4 Downtown Commercialadopting the following new Section 4-1.2(B) in
District, to wit:lieu thereof:
City Lots 349, 350, 351, 352, 353, 349A, 339;
"Accessory Use/Building Coverage: The lot
Lot 2 of City Lot 340; Lots 1 of Lot 1 of City Lot
coverage of permitted accessory uses and/or
340; Lot 2 of Lot 1 of City Lot 340; City Lotsbuildings and the principal building it serves shall
347, 348, 344, 345; Lot 1 of City Lot 346 and Lotbe calculated together for the purpose of
2 of City Lot 346; City Lots 342, 343; N 1/2 of
complying with the specified lot coverage as a
City Lot 341; S 1/2 of City Lot 341 and to thepercent of lot area per each district. The maximum
center line of the adjoining public right-of-way, alllot coverage shall not be exceeded within the
in the City of Dubuque, Iowa.district in which it is located and in no case shall
Section 2. The foregoing amendment has
permitted accessory building(s) exceed the lot
heretofore been reviewed by the Zoningcoverage of the principal building it serves, with a
Commission of the City of Dubuque, Iowa.maximum of 1,000 aggregate square feet for all
Section 3. This ordinance shall take effectdetached structures."
immediately upon publication, as provided by law.
Section 2. This ordinance has heretofore been
Passed, approved and adopted this 3rd day ofreviewed by the Zoning Commission of the City of
April, 1995.Dubuque, Iowa.
Terrance M. Duggan, MayorSection 3. This ordinance shall take effect
Attest:immediately upon publication, as provided by law.
Mary A. Davis, City ClerkPassed, approved and adopted this 3rd day of
Published officially in the Telegraph HeraldApril, 1995.
newspaper this 7th day of April, 1995.Terrance M. Duggan, Mayor
1t 4/7Mary A. Davis, CMC, City ClerkAttest:
Council Member Voetberg moved that theMary A. Davis, City Clerk
requirement that a proposed Ordinance be
Published officially in the Telegraph Herald
considered and voted on for passage at twonewspaper this 7th day of April, 1995.
Council Meetings prior to the meeting at which it1t 4/7Mary A. Davis, CMC, City Clerk
is to be finally passed be suspended. Seconded byCouncil Member Voetberg moved that the
Council Member Nagle. Carried by the following
requirement that a proposed Ordinance be
vote: Yeas—Mayor Duggan, Council Membersconsidered and voted on for passage at two
Kluesner, Krieg, Nagle, Nicholson, Robbins,Council Meetings prior to the meeting at which it
7Regular Session, April 3, 1995
is to be finally passed be suspended. Seconded byCity Manager requesting authorization to
Council Member Nagle. Carried by the followingapproach the Iowa DNR regarding the Julien
vote: Yeas—Mayor Duggan, Council MembersDubuque gravesite, presented and read. Council
Kluesner, Krieg, Nagle, Nicholson, Robbins,Member Krieg moved that the communication be
Voetberg. Nays—None. Council Memberreceived and filed and request approved. Seconded
Voetberg moved final consideration and passage ofby Council Member Nagle. Carried by the
the Ordinance. Seconded by Council Memberfollowing vote: Yeas—Mayor Duggan, Council
Nagle. Carried by the following vote:Members Krieg, Nagle, Nicholson, Robbins,
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—Council Member Kluesner.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.RESOLUTION NO. 111 -95
Whereas, applications for Beer Permits have
Corporation Counsel submitting documentbeen submitted and filed to this Council for
providing for the discontinuation of the Dockapproval and the same have been examined and
Board, presented and read. Council Memberapproved; and
Voetberg moved that the communication beWhereas, the premises to be occupied by such
received and filed. Seconded by Council Memberapplicants were inspected and found to comply
Nagle. Carried by the following vote:with the Ordinances of this City and have filed
Yeas—Mayor Duggan, Council Membersproper bonds.
Kluesner, Krieg, Nagle, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED BY
Voetberg. Nays—None.THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
An Ordinance Amending Code of OrdinancesThat the Manager be authorized to cause to be
by repealing Sections 10-11 through 10-15,issued the following named applicants a Beer
discontinuing the Dubuque Dock Board, presentedPermit.
and read. CLASS "BE" BEER PERMIT
Albert J. HeibergerOky-Doky # 7
(OFFICIAL PUBLICATION)+(Sunday Sales)3301 Pennsylvania
ORDINANCE NO. 24-95Passed, approved and adopted this 3rd day of
AN ORDINANCE AMENDING THE CITYApril, 1995.
Terrance M. Duggan, Mayor
OF DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTIONS 10-11 THROUGHAttest:
10-15, DISCONTINUING THE DUBUQUEMary A Davis, City Clerk
Council Member Nagle moved adoption of the
DOCK BOARD.
Whereas, the City Council on February 6,Resolution. Seconded by Council Member
1995, adopted Resolution No. 46-95, proposing toNicholson. Carried by the following vote:
discontinue the Dock Board; andYeas—Mayor Duggan, Council Members
Whereas, on February 20, 1995, afterKluesner, Krieg, Nagle, Nicholson, Robbins,
publishing notice thereof, the City Council held aVoetberg. Nays—None.
public hearing on Resolution No. 46-95.
NOW, THEREFORE, BE IT ORDAINED BYRESOLUTION NO. 112-95
THE CITY COUNCIL OF THE CITY OFWhereas, applications for Liquor Licenses have
DUBUQUE, IOWA:been submitted to this Council for
Section 1. Sections 10-11 through 10-15 of theapproval and the same have been examined and
City of Dubuque Code of Ordinances are herebyapproved; and
repealed, and the Dubuque Dock Board is herebyWhereas, the premises to be occupied by such
discontinued.applicants were inspected and found to
Section 2. This Ordinance shall take effectcomply with the State Laws and all City
immediately upon publication.Ordinances relevant thereto and they have filed
Passed, approved and adopted this 3rd day ofproper bonds.
April, 1995.NOW, THEREFORE, BE IT RESOLVED BY
Terrance M. Duggan, MayorTHE CITY COUNCIL OF THE CITY OF
Attest:DUBUQUE, IOWA:
Mary A. Davis, City ClerkThat the Manager be authorized to cause to be
Published officially in the Telegraph Heraldissued the following named applicants
newspaper this 7th day of April, 1995.a Liquor License.
CLASS "C" (COMMERCIAL)
1t 4/7Mary A. Davis, City Clerk
Council Member Voetberg moved that theLIQUOR LICENSES
requirement that a proposed Ordinance beLaredo's IncLaredo's
considered and voted on for passage at two225 W. 6th St
Council Meetings prior to the meeting at which itNeighbor's Inc.Neighbor's Tap
is to be finally passed be suspended. Seconded by1899 Rockdale Rd
Council Member Nagle. Carried by the followingKnights of Columbus
Knights of Columbus #510
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,+(Sunday Sales)781 Locust St
Voetberg. Nays—None. Council MemberJohn Noonan Estate
Kluesner moved final consideration and passage ofMary Lou Kamp,Executor
+(Sunday Sales)1618 Central Ave
the Ordinance. Seconded by Council Member
Nagle. Carried by the following vote:Jeannine KerschIdle Hour
Yeas—Mayor Duggan, Council Members +(Sunday Sales)1555 Central Ave
Kluesner, Krieg, Nagle, Nicholson, Robbins,Greater DBQ Riverboat Entertainment Co. Inc.Diamond Jo Casino Portside
400 E. 3rd St.
Voetberg. Nays—None.
+(Sunday Sales + Outdoor Serv)
Regular Session, April 3, 19958
Passed, approved and adopted this 3rd day ofWhereas, the Iowa Department of
April, 1995.Transportation desires to acquire the above
Terrance M. Duggan, Mayordescribed parcel of land containing 0.18 acres for
Attest:highway purposes in the improvement of U.S.
Mary A. Davis, City ClerkHighway 61; and
Council Member Nagle moved adoption of theWhereas, the City Council of the City of
Resolution. Seconded by Council MemberDubuque has concluded that it is in the best public
Nicholson. Carried by the following vote:interest that the Iowa Department of
Yeas—Mayor Duggan, Council MembersTransportation be conveyed the above described
Kluesner, Krieg, Nagle, Nicholson, Robbins,parcel of land containing 0.18 acres; and
Voetberg. Nays—None.Whereas, the offer by the Iowa Department of
Transportation to construct a new entrance road to
City Manager advising of intent to dispose ofthe City of Dubuque's Regional Airport as a
city-owned property near the airport entrancemutual benefit for the acquisition of the above
roadway, presented and read. Council Memberdescribed parcel of land containing 0.18 acres
Voetberg moved that the communication beshould be accepted in consideration for the
received and filed. Seconded by Council Memberconveyance of such property to it;
Nagle. Carried by the following vote:NOW, THEREFORE, BE IT RESOLVED BY
Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF
Kluesner, Krieg, Nagle, Nicholson, Robbins,DUBUQUE, IOWA:
Voetberg. Nays—None.Section 1. The City of Dubuque, Iowa, intends
to dispose of its interest in the following legally-
described property containing 0.18 acres:
RESOLUTION NO. 113-95
RESOLUTION OF INTENT TO DISPOSEA PARCEL OF LAND IN LOT 2 OF THE NW
OF CITY-OWNED PROPERTY,1/4 OF THE NE 1/4 AND LOT 2 OF THE
SPECIFICALLY, A PARCEL OF LAND INSUBDIVISION OF LOT 1 OF THE SW 1/4 OF
THE NE 1/4 ALL IN SEC. 35, T88N, R2E OF
LOT 2 OF THE NW 1/4 OF THE NE 1/4 AND
LOT 2 OF THE SUBDIVISION OF LOT 1THE 5TH P.M., DUBUQUE COUNTY, IOWA,
OF THE SW 1/4 OF THE NE 1/4 ALL INAS SHOWN ON ACQUISITION PLAT
SEC. 35, T88N, R2E OF THE 5TH P.M.,EXHIBIT "A" ATTACHED HERETO AND BY
REFERENCE MADE A PART HEREOF, MORE
DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque is the owner ofPARTICULARLY DESCRIBED AS FOLLOWS:
the following described parcel of land amountingCOMMENCING AT THE NORTH 1/4
to 0.18 acres adjacent to U.S. Highway 61; CORNER OF SAID SEC. 35; THENCE
A PARCEL OF LAND IN LOT 2 OF THE NWS00037'47"W ALONG THEN WEST LINE OF
1/4 OF THE NE 1/4 AND LOT 2 OF THETHE NE 1/4 OF SAID SEC. 35, 1,153.53 FT.;
SUBDIVISION OF LOT 1 OF THE SW 1/4 OFTHENCE S89022'13"E, 80.31 FT. TO A POINT
THE NE 1/4 ALL IN SEC. 35, T88N, R2E OFON THE EXISTING EAST RIGHT-OF-WAY
THE 5TH P.M., DUBUQUE COUNTY, IOWA,LINE OF U.S. HIGHWAY 61, WHICH POINT
AS SHOWN ON ACQUISITION PLATIS THE NORTH CORNER OF LOT 2 OF THE
EXHIBIT "A" ATTACHED HERETO AND BYNW 1/4 OF THE NE 1/4 OF SAID SEC. 35,
REFERENCE MADE A PART HEREOF, MORETHE POINT OF BEGINNING; THENCE
0
PARTICULARLY DESCRIBED AS FOLLOWS:S4437'15"E ALONG THE NORTHEASTERLY
COMMENCING AT THE NORTH 1/4LINE OF SAID LOT 2, 133.92 FT.; THENCE
CORNER OF SAID SEC. 35; THENCES02006'33"W, 82.40 FT. TO A POINT ON THE
S00037'47"W ALONG THEN WEST LINE OFSOUTHWESTERLY LINE OF SAID LOT 2 OF
THE NE 1/4 OF SAID SEC. 35, 1,153.53 FT.;LOT 1 OF THE SW 1/4 OF THE NE 1/4 OF
THENCE S89022'13"E, 80.31 FT. TO A POINTSAID SECTION 35; THENCE N44037'15"W
ON THE EXISTING EAST RIGHT-OF-WAYALONG THE SOUTHWESTERLY LINE OF
LINE OF U.S. HIGHWAY 61, WHICH POINTSAID LOT 2 OF LOT 1 AND LOT 2, 130.76
IS THE NORTH CORNER OF LOT 2 OF THEFT. TO THE PRESENT EAST RIGHT-OF-
NW 1/4 OF THE NE 1/4 OF SAID SEC. 35,WAY LINE OF U.S. HIGHWAY 61; THENCE
THE POINT OF BEGINNING; THENCEN00032'59"E ALONG THE EXISTING EAST
0
S4437'15"E ALONG THE NORTHEASTERLYRIGHT-OF-WAY LINE OF U.S. HIGHWAY 61,
LINE OF SAID LOT 2, 133.92 FT.; THENCEBEING THE WEST LINE OF SAID LOT 2,
S02006'33"W, 82.40 FT. TO A POINT ON THE84.60 FT. TO THE POINT OF BEGINNING;
SOUTHWESTERLY LINE OF SAID LOT 2 OFCONTAINING 0.18 ACRE.
LOT 1 OF THE SW 1/4 OF THE NE 1/4 OFBASIS OF BEARINGS: THE WEST LINE OF
SAID SECTION 35; THENCE N44037'15"WTHE NE 1/4 OF SAID SEC. 35 IS ASSUMED
ALONG THE SOUTHWESTERLY LINE OFTO BEAR S00037'47"W FOR THE PURPOSE
SAID LOT 2 OF LOT 1 AND LOT 2, 130.76OF THIS DESCRIPTION.
FT. TO THE PRESENT EAST RIGHT-OF-Section 2. The City of Dubuque, Iowa,
WAY LINE OF U.S. HIGHWAY 61; THENCEproposes to dispose of its interest in the above
N00032'59"E ALONG THE EXISTING EASTdescribed parcel of land containing 0.18 acres by
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61,conveying it to the Iowa Department of
BEING THE WEST LINE OF SAID LOT 2,Transportation for highway purposes in the
84.60 FT. TO THE POINT OF BEGINNING;improvement of U.S. Highway 61.
CONTAINING 0.18 ACRE.Section 3. The City Council will meet in the
BASIS OF BEARINGS: THE WEST LINE OFCarnegie Stout Public Library Auditorium, 11th
THE NE 1/4 OF SAID SEC. 35 IS ASSUMEDand Bluff Streets, Dubuque, Iowa, at 7:00 p.m. on
TO BEAR S00037'47"W FOR THE PURPOSEthe 17th of April 1995, for the purpose of holding
OF THIS DESCRIPTION.a public hearing and taking final action on the
disposition of the above described parcel of land
9Regular Session, April 3, 1995
amounting to 0.18 acres belonging to the City ofCity Manager recommending to sell DREAMS
Dubuque, Iowa.home located at 721 Davis St., presented and read.
Section 4. The City Clerk be and she is herebyCouncil Member Nagle moved that the
authorized and directed to cause a notice of suchcommunication be received and filed. Seconded
public hearing and the City Council's intent toby Council Member Robbins. Carried by the
dispose of such property to be published asfollowing vote: Yeas—Mayor Duggan, Council
prescribed under Iowa Code Section 364.7.Members Kluesner, Krieg, Nagle, Nicholson,
Passed, approved and adopted this 3rd day ofRobbins, Voetberg. Nays—None.
April, 1995.
Terrance M. Duggan, MayorRESOLUTION NO. 115-95
Attest:RESOLUTION OF INTENTION TO
Mary A. Davis, City Clerk
DISPOSE OF CITY-OWNED PROPERTY,
Council Member Voetberg moved adoption ofSPECIFICALLY, LOT ONE HUNDRED
the Resolution and set the matter for PublicTWO (102), EXCEPT THE WESTERLY
Hearing on 4-17-95 at 7:30 p.m. in the PublicSEVEN FEET (W7') THEREOF, AND THE
Library Auditorium and that the City Clerk
WEST THIRTY-FIVE FEET (W35') OF LOT
publish notice in the manner prescribed by law.ONE HUNDRED ONE (101) IN O'NEILL'S
Seconded by Council Member Nagle. Carried byRIVERVIEW IN THE CITY OF DUBUQUE,
the following vote: Yeas—Mayor Duggan,
COUNTY OF DUBUQUE, IOWA,
Council Members Kluesner, Krieg, Nagle,
ACCORDING TO THE RECORDED PLAT
Nicholson, Voetberg. Nays—None. THEREOF - 721 DAVIS STREET
Whereas, the City of Dubuque has purchased
City Manager recommending to vacate ancertain real property for a family participating in
unused 24 foot wide access easement on Lot 4 ofthe DREAMS Program;
Herrig's JFK Addition, presented and read.Whereas, the City has received an offer to
Council Member Nagle moved that thepurchase this property from a qualifying
communication be received and filed. Secondedhousehold; and
by Council Member Robbins. Carried by theWhereas, by accepting the selected offer the
following vote: Yeas—Mayor Duggan, CouncilCity's objectives of providing first-time
Members Kluesner, Krieg, Nagle, Nicholson,homeownership to moderate-income buyers and
Robbins, Voetberg. Nays—None.rehabilitation of an abandoned home can be
realized;
RESOLUTION NO. 114-95NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION OF INTENT TO DISPOSE
DUBUQUE, IOWA:
OF INTEREST AND VACATE AN UNUSED
24 FOOT WIDE ACCESS EASEMENT INSection 1. That the City of Dubuque, Iowa,
LOT 4 OF HERRIG'S JFK ADDITION INintends to dispose of its interest in the following
legally-described property:
THE CITY OF DUBUQUE, IOWA
Whereas, Helling Investments, L.C. is theLot One Hundred Two (102), except the
current owner of Lot 4 of Herrig's JFK Addition inWesterly Seven Feet (W7') thereof, and the
the City of Dubuque, Iowa; andWest Thirty-Five (W35') of Lot One hundred
Whereas, a 24 foot wide access easement isOne (101) in O'Neill's Riverview in the City of
currently platted on said lot; andDubuque, County of Dubuque, Iowa,
Whereas, Helling Investments, L.C. hasaccording to the recorded plat thereof.
petitioned to vacate an unused 24 foot wide accessSection 2. That the City of Dubuque, Iowa,
easement in said lot.proposes to dispose of its interest in the above
NOW, THEREFORE, BE IT RESOLVED BYdescribed real estate to Kim Marie Treanor for the
THE CITY COUNCIL OF THE CITY OFsum of $1,860.
DUBUQUE, IOWA:Section 3. That the City Council meet in the
Section 1. That the City of Dubuque, IowaCarnegie Stout Public Library Auditorium, 11th
intends to dispose of its interest and vacate anand Bluff Streets, Dubuque, Iowa, at 7:00 p.m. on
unused access easement in Lot 4 of Herrig's JFKthe 17th of April 1995, for the purpose of holding
Addition in the City of Dubuque, Iowa as showna public hearing and taking final action on the
on the attached Exhibit "A".disposition of the above described real estate in the
Section 2. That the City Clerk be and is herebyCity of Dubuque, Iowa.
authorized and directed to cause a notice to beSection 4. That the City Clerk be and she is
published as prescribed under Section 364.7 Codehereby authorized and directed to cause a notice of
of Iowa, 1989 or amended.such public hearing and the City Council's intent to
Passed, approved and adopted this 3rd day ofdispose of such property to be published as
April, 1995.prescribed under Iowa Code Section 364.7.
Terrance M. Duggan, MayorPassed, approved and adopted this 3rd day of
Attest:April, 1995.
Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Nagle moved adoption of theAttest:
Resolution, setting the matter for Public HearingMary A. Davis, City Clerk
on 4-17-95 at 7:30 p.m. in the Public LibraryCouncil Member Nagle moved adoption of the
Auditorium and direct the City Clerk to publishResolution and set the matter for Public Hearing
notice in the manner prescribed by law. Secondedon 4-17-95 at 7:00 p.m. in the Public Library
by Council Member Robbins. Carried by theAuditorium and that the City Clerk publish notice
following vote: Yeas—Mayor Duggan, Councilin the manner prescribed by law. Seconded by
Members Kluesner, Krieg, Nagle, Nicholson,Council Member Nagle. Carried by the following
Robbins, Voetberg. Nays—None.vote: Yeas—Mayor Duggan, Council Members
Regular Session, April 3, 199510
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
There being no further business, Council
Member Voetberg moved to adjourn. Seconded by
Council Member Nagle. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Meeting adjourned at
7:36 p.m.
Mary A. Davis CMC
City Clerk
Approved ______________________, 1996.
Adopted _______________________, 1996.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk
Board of Health, April 17, 19952
CITY OF DUBUQUE
Approved ______________________, 1996.
BOARD OF HEALTH
Adopted _______________________, 1996.
QUARTERLY
____________________________________
MEETING
Chairperson
____________________________________
Regular Quarterly Board of Health, Monday,
____________________________________
April 17, 1995
Board met at 6:45 P.M., Public Library
____________________________________
Auditorium.
Present: Chairperson Duggan, Board Members
Kluesner, Krieg, Nagle, Nicholson, Robbins.
____________________________________
Absent: Board Member Voetberg.
Chairperson Duggan read the call and stated
____________________________________
this is the Regular Quarterly Meeting of the Board
of Health called for the purpose to act upon such
____________________________________
business which may properly come before the
Board Members
Board.
City Manager recommending filing of FY'96
Attest:
application for State Funds for Public Health
Nursing Services, presented and read. Board
____________________________________
Member Nagle moved that the communication be
City Clerk
received and filed. Seconded by Board Member
Robbins. Carried by the following vote:
Yeas—Chairperson Duggan, Board Members
Kluesner, Krieg, Nagle, Nicholson, Robbins.
Nays—None. Absent—Board Member Voetberg.
City Health Specialist Mary Rose Corrigan and
Lisa Sesterhenn made a presentation on status of
Healthy Dubuque 2000.
There being no further business, Board Member
Krieg moved to adjourn. Seconded by Board
Member Nagle. Carried by the following vote:
Yeas—Chairperson Duggan, Board Members
Kluesner, Krieg, Nagle, Nicholson, Robbins.
Nays—None. Absent—Board Member Voetberg.
The Board of Health meeting adjourned at 7:00
p.m.
Mary A. Davis CMC
Secretary, Board of Health
3Regular Session, April 17, 1995
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, Monday, April
17, 1995
Council Met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins, City
Manager Michael Van Milligen, Corporation
Counsel Barry A. Lindahl.
Absent: Council Member Voetberg.
Invocation was given by Rev. Glen D. Larsen,
Jr., Pastor, Immanuel Congregational United
Church of Christ.
PROCLAMATIONS — Month of April as
"Fair Housing Month" received by Human Rights
Director Charles Azeobeokhai; April 16-23 as
"Organ Donor Day" received by Tammy Marti,
Mike Grice and Laurie Klein; April 21-24 as
"Catholic Daughters-Alzheimer's Safe Return
Week" received by Marjean Gansen and Fran
Woodstock; April 23 as "Chocolate Fest '95 Day"
received by Laurie Klein; April 28 as "Workers'
Memorial Day" received by Dave McCarthy; April
29 as "Arbor Day" received by Steve Pregler;
April 29 as "Community Wide Garage Sale Day"
received by John Hafkemeyer and Tim Dillon;
May 6 as "Toxic Cleanup Day" received by
Beverly Berna; May 13 as "D.A.R.E. Day"
received by Steve Eastvedt; May 13 as "Supershot
Saturday" received by Caroline Sadowski.
"YOUTH-IN-GOVERNMENT": Mayor
Terrance Duggan swore in Jason Berna as Youth
Mayor.
Youth Mayor Berna swore in the following
Youth Officials: Youth Council Members Tricia
Brimeyer (At Large), Tessa Altman (At Large),
Heather Powers (1st Ward), Angie Lyon (2nd
Ward), Mike Greene (3rd Ward), Colin Cornelius
(4th Ward), Andrew Chan as Youth City Manager,
Chad Christ as Youth City Clerk and Jeff Schmitt
as Youth Corporation Counsel.
MINUTES SUBMITTED — Cable
Teleprogramming Commission of 4-4; Citizens
with Disabilities Parking Review Committee of 4-
4; Joint Session of Community Development
Commission and Housing Commission of 3-22;
Environmental Stewardship Commission of 4-4;
Long Range Planning Commission of 3-15;
Zoning Board of Adjustment of 3-23, presented
and read. Council Member Nagle moved that the
minutes be received and filed. Seconded by
Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins. Nays—None. Absent—Council
Member Voetberg.
Regular Session, April 17, 19954
Printed Council proceedings for months ofCorporation Counsel recommending denial of
January, February, and March, 1994, presentedproperty damage claims of Leonard W. Dress, Jr.
and read. Council Member Nagle moved that theand car damage claim of Dawn M.Gerlach,
proceedings be approved as printed. Seconded bypresented and read. Council Member Nagle
Council Member Robbins. Carried by themoved that the denials be approved. Seconded by
following vote: Yeas—Mayor Duggan, CouncilCouncil Member Robbins. Carried by the
Members Kluesner, Krieg, Nagle, Nicholson,following vote: Yeas—Mayor Duggan, Council
Robbins. Nays—None. Absent—CouncilMembers Kluesner, Krieg, Nagle, Nicholson,
Member Voetberg.Robbins. Nays—None. Absent—Council
Member Voetberg.
Swiss Valley Farms, Co. submitting their audit
report for fiscal year ending 9-30-94, (Copy on fileCorporation Counsel advising property damage
in City Clerk's Office for review), presented andclaim of Harold & Rosarie Ehlers has been
read. Council Member Nagle moved that thereferred to Crawford & Company, presented and
report be received and filed. Seconded by Councilread. Council Member Nagle moved that the
Member Robbins. Carried by the following vote:communication be received and filed. Seconded
Yeas—Mayor Duggan, Council Membersby Council Member Robbins. Carried by the
Kluesner, Krieg, Nagle, Nicholson, Robbins.following vote: Yeas—Mayor Duggan, Council
Nays—None. Absent—Council MemberMembers Kluesner, Krieg, Nagle, Nicholson,
Voetberg.Robbins. Nays—None. Absent—Council
Member Voetberg.
Convention Visitor's Bureau submitting their
3rd quarter report, presented and read. CouncilCorporation Counsel updating on Dubuque
Member Nagle moved that the report be receivedHousing Initiative vs. City of Dubuque petition,
and filed. Seconded by Council Memberpresented and read. Council Member Nagle
Robbins. Carried by the following vote:moved that the communication be received and
Yeas—Mayor Duggan, Council Membersfiled. Seconded by Council Member Robbins.
Kluesner, Krieg, Nagle, Nicholson, Robbins.Carried by the following vote: Yeas—Mayor
Nays—None. Absent—Council MemberDuggan, Council Members Kluesner, Krieg,
Voetberg.Nagle, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
TCI of Iowa, Inc. submitting their annual report
for 1994 (Copy in file in City's Clerk Office forIowa Department of Transportation advising of
review, presented and read. Council Membertheir intent to sell tract of land known as City Lot
Nagle moved that the report be received and filed.568A, presented and read. Council Member Nagle
Seconded by Council Member Robbins. Carriedmoved that the matter be referred to the City
by the following vote: Yeas—Mayor Duggan,Manager. Seconded by Council Member Robbins.
Council Members Kluesner, Krieg, Nagle,Carried by the following vote: Yeas—Mayor
Nicholson, Robbins. Nays—None.Duggan, Council Members Kluesner, Krieg,
Absent—Council Member Voetberg.Nagle, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
NOTICES OF CLAIMS/SUITS — Sandra
Jean Beversdorf in amount of $5,022.00 forREFUND REQUESTED — Romano's in
personal injuries; Linda M. Brower in amount ofamount of $253.12 on unexpired Liquor License,
$1,959.39 for personal injuries; Monica Dowd inpresented and read. Council Member Nagle
unknown amount for personal injuries; Dawn M.moved that the refund be approved and Finance
Gerlach in amount of $238.50 for vehicleDirector to issue proper check. Seconded by
damages; Elizabeth Gronan in amount of $318.00Council Member Robbins. Carried by the
for personal injuries; Hartig Drug Company infollowing vote: Yeas—Mayor Duggan, Council
amount of $1,182.00 for property damages;Members Kluesner, Krieg, Nagle, Nicholson,
Matthew C. Kramer in amount of $325.00 forRobbins. Nays—None. Absent—Council
vehicle damages, presented and read. CouncilMember Voetberg.
Member Nagle moved that the claims and suits be
referred to the Legal Staff for investigation andProof of Publication certified to by the
report. Seconded by Council Member Robbins.Publisher on list of claims paid for month of
Carried by the following vote: Yeas—MayorFebruary, 1995, presented and read. Council
Duggan, Council Members Kluesner, Krieg,Member Nagle moved that the proof be received
Nagle, Nicholson, Robbins. Nays—None.and filed. Seconded by Council Member Robbins.
Absent—Council Member Voetberg.Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Corporation Counsel recommending settlementNagle, Nicholson, Robbins. Nays—None.
of Worker's Compensation Claim of Richard R.Absent—Council Member Voetberg.
Avenarius in the amount of $14,742.50, presented
and read. Council Member Nagle moved that theSchilling Hardware requesting permission to
settlement be approved and Finance Director toconstruct of a "Mansard Roof Canopy" over the
issue proper check. Seconded by Council Memberbuilding at 265 W. 1st Street, presented and read.
Robbins. Carried by the following vote:Council Member Nagle moved that the petition be
Yeas—Mayor Duggan, Council Membersreferred to the City Manager and Staff. Seconded
Kluesner, Krieg, Nagle, Nicholson, Robbins.by Council Member Robbins. Carried by the
Nays—None. Absent—Council Memberfollowing vote: Yeas—Mayor Duggan, Council
Voetberg.Members Kluesner, Krieg, Nagle, Nicholson,
Robbins. Nays—None. Absent—Council
Member Voetberg.
5Regular Session, April 17, 1995
Summit Envirosolutions, Inc. requesting to
RESOLUTION NO. 117-95
install groundwater monitoring wells on City ofRESOLUTION APPROVING THE FINAL
Dubuque right-of-way, presented and read.PLAT OF TWIN RIDGE SUBDIVISION NO.
Council Member Nagle moved that the petition be3 ON TIMOTHY STREET IN DUBUQUE
referred to the City Manager and Staff. Seconded
COUNTY, IOWA.
by Council Member Robbins. Carried by theWhereas, there has been filed with the City
following vote: Yeas—Mayor Duggan, CouncilClerk a Final Plat of Twin Ridge Subdivision No.
Members Kluesner, Krieg, Nagle, Nicholson,3 on Timothy Street in Dubuque County, Iowa;
Robbins. Nays—None. Absent—Counciland
Member Voetberg.Whereas, said final plat has been reviewed by
the Zoning Commission and had its approval
City Manager recommending to acceptendorsed thereon; and
improvements in Eastridge Estates in City,Whereas, said plat has been examined by the
presented and read. Council Member NagleCity Council and they find that it conforms to the
moved that the communication be received andstatutes and ordinances relating to it.
filed. Seconded by Council Member Robbins. NOW THEREFORE, BE IT RESOLVED BY
Carried by the following vote: Yeas—MayorTHE CITY COUNCIL OF THE CITY OF
Duggan, Council Members Kluesner, Krieg,DUBUQUE, IOWA:
Nagle, Nicholson, Robbins. Nays—None.Section 1. That the Final Plat of Twin Ridge
Absent—Council Member Voetberg.Subdivision No. 3 on Timothy Street in Dubuque
County, Iowa is hereby approved and the Mayor
RESOLUTION NO. 116-95and City Clerk are hereby authorized and directed
to endorse the approval of the City of Dubuque
RESOLUTION ACCEPTING
IMPROVEMENTS TO LOTS 5, 6, 7, 8 ANDupon said plat.
9 OF BLOCK 2 OF EASTRIDGE ESTATESPassed, approved and adopted this 17th day of
IN THE CITY OF DUBUQUE, IOWA,April, 1995.
Terrance M. Duggan, Mayor
DUBUQUE COUNTY, IOWA
Whereas, pursuant to Resolution No. 14-93Attest:
certain improvements including street paving,Mary A. Davis, City Clerk
storm sewers, sanitary sewers, watermain andCouncil Member Nagle moved adoption of the
street lighting were installed by the developer ofResolution. Seconded by Council Member
Lots 5, 6, 7, 8 and 9 of Block 2 of EastridgeRobbins. Carried by the following vote:
Estates in the City of Dubuque, Dubuque County,Yeas—Mayor Duggan, Council Members
Iowa; andKluesner, Krieg, Nagle, Nicholson, Robbins.
Whereas, the improvements have beenNays—None. Absent—Council Member
completed and the City Manager has examined theVoetberg.
work and has filed a certificate stating that the
same has been completed in accordance with theCity Manager recommending to accept right-of-
plans approved by the City Council and inway deed on Fremont Avenue projects, presented
conformance with City specifications, and hasand read. Council Member Nagle moved that the
recommended that the improvements be acceptedcommunication be received and filed. Seconded
by the City Council.by Council Member Robbins. Carried by the
NOW, THEREFORE, BE IT RESOLVED BYfollowing vote: Yeas—Mayor Duggan, Council
THE CITY COUNCIL OF THE CITY OFMembers Kluesner, Krieg, Nagle, Nicholson,
DUBUQUE, IOWA:Robbins. Nays—None. Absent—Council
Section 1. That the recommendation of theMember Voetberg.
City Manager be approved and that said
improvements for Lots 5, 6, 7, 8 and 9 of Block 2RESOLUTION NO. 118-95
of Eastridge Estates in the City of Dubuque,
A RESOLUTION ACCEPTING A
Dubuque County, Iowa be and the same is herebyCONVEYANCE OF PROPERTY ON
accepted.FREMONT AVENUE TO THE CITY OF
Passed, approved and adopted this 17th day ofDUBUQUE
April, 1995.Whereas, the City of Dubuque entered into an
Terrance M. Duggan, MayorAcquisition Agreement with Wartburg Theological
Attest:Seminary dated October 31, 1994, pursuant to
Mary A. Davis, City Clerkwhich Wartburg Theological Seminary agreed to
Council Member Nagle moved adoption of theconvey property to be known as all that part of
Resolution. Seconded by Council MemberLot 1 of Mineral Lot 130 (except that portion in
Robbins. Carried by the following vote:railroad and street right-o-way) in the City of
Yeas—Mayor Duggan, Council MembersDubuque, Dubuque County, Iowa lying westerly
Kluesner, Krieg, Nagle, Nicholson, Robbins.of the northwesterly right-of-way line of Fremont
Nays—None. Absent—Council MemberAvenue containing 0.29 acres, more or less,
Voetberg.subject to easements of record to the City of
Dubuque; and
Zoning Commission recommending approval ofWhereas, Wartburg Theological Seminary have
final plat of Twin Ridge Subdivision No. 3,executed a conveyance of said property.
presented and read. Council Member NagleNOW, THEREFORE, BE IT RESOLVED BY
moved that the communication be received andTHE CITY COUNCIL OF THE CITY OF
filed. Seconded by Council Member Robbins.DUBUQUE, IOWA:
Carried by the following vote: Yeas—MayorSection 1. The City Council of the City of
Duggan, Council Members Kluesner, Krieg,Dubuque, Iowa, hereby approves of, accepts and
Nagle, Nicholson, Robbins. Nays—None.consents to the Warranty Deed from Wartburg
Absent—Council Member Voetberg.
Regular Session, April 17, 19956
Theological Seminary copies of which are attached
RESOLUTION AMENDING THE
hereto, as required by Iowa Code Section 569.7.AGREEMENT WITH PROJECT
Section 2. The Mayor is hereby authorized andCONCERN/PHONE-A-FRIEND TO
directed to execute and acknowledge on behalf ofADMINISTER THE CHILD CARE
the City of Dubuque any instruments in connection
INITIATIVE GRANT PROGRAM
herewith.Whereas, the City of Dubuque entered into an
Passed, approved and adopted this 17th day ofagreement with Project Concern/Phone-A-Friend
April, 1995.on May 16, 1994, to administer the Child Care
Terrance M. Duggan, MayorInitiative Program; and
Attest:Whereas, the Child Care Initiative Task Force
Mary A. Davis, City Clerkproposes amendments to the original agreement to
Council Member Nagle moved adoption of themake the program respond more efficiently to
Resolution. Seconded by Council Memberidentified needs; and
Robbins. Carried by the following vote:Whereas, the proposed changes will streamline
Yeas—Mayor Duggan, Council Membersthe administrative red tape and expedite the
Kluesner, Krieg, Nagle, Nicholson, Robbins.allocation of grant monies; and
Nays—None. Absent—Council MemberWhereas, the extension of the agreement will
Voetberg.allow additional opportunities to assist child care
providers.
NOW, THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 119-95
A RESOLUTION ACCEPTING ATHE CITY COUNCIL OF THE CITY OF
CONVEYANCE OF PROPERTY ONDUBUQUE, IOWA:
Section 1. That the agreement with Project
FREMONT AVENUE TO THE CITY OF
DUBUQUEConcern/Phone-A-Friend to administer the Child
Whereas, the City of Dubuque entered into anCare Initiative Grant Program dated May 16,
Acquisition Agreement with Taco Johns of1994, is hereby amended by substituting the
Dubuque, Ltd. dated January 16, 1995, pursuantApplication and Program Guidelines attached
to which Lot 1-1-1-1-1-1 in "Birch Acres"; and,hereto as Exhibit A in place of the Program
Lot 2 of 11, Lot 2 of 12, Lot 2 of 13, Lot 2 of 14,Guidelines referenced in the original agreement.
Lot 2 of 15, Lot 2 of 16, Lot 2 of 17, Lot 2 of 18Section 2. That the Time of Performance for
and Lot 2 of 19 in Block 8 in "Birch Acres" in thethe agreement be extended to June 30, 1995, to
City of Dubuque, Iowa to the City of Dubuque;allow adequate time to expend grant funds.
andPassed, approved and adopted this 17th day of
Whereas, Taco Johns of Dubuque, Ltd. haveApril, 1995.
executed a conveyance of said property.Terrance M. Duggan Mayor
NOW, THEREFORE, BE IT RESOLVED BYAttest:
THE CITY COUNCIL OF THE CITY OFMary A. Davis, City Clerk
DUBUQUE, IOWA:Council Member Nagle moved adoption of the
Section 1. The City Council of the City ofResolution. Seconded by Council Member
Dubuque, Iowa, hereby approves of, accepts andRobbins. Carried by the following vote:
consents to the Warranty Deed from Taco Johns ofYeas—Mayor Duggan, Council Members
Dubuque, Ltd. copies of which are attached hereto,Kluesner, Krieg, Nagle, Nicholson, Robbins.
as required by Iowa Code Section 569.7.Nays—None. Absent—Council Member
Section 2. The Mayor is hereby authorized andVoetberg.
directed to execute and acknowledge on behalf of
the City of Dubuque any instruments in connectionCity Manager recommending approval of a
herewith.grant application to assist in covering the costs for
Passed, approved and adopted this 17th day ofthe Geographic Information System (GIS),
April, 1995.presented and read. Council Member Nagle
Terrance M. Duggan, Mayormoved that the communication be received and
Attest:filed and approved recommendation. Seconded by
Mary A. Davis, City ClerkCouncil Member Robbins. Carried by the
Council Member Nagle moved adoption of thefollowing vote: Yeas—Mayor Duggan, Council
Resolution. Seconded by Council MemberMembers Kluesner, Krieg, Nagle, Nicholson,
Robbins. Carried by the following vote:Robbins. Nays—None. Absent—Council
Yeas—Mayor Duggan, Council MembersMember Voetberg.
Kluesner, Krieg, Nagle, Nicholson, Robbins.
Nays—None. Absent—Council MemberCity Manager advising Dubuque Volunteer
Voetberg.Corps has been selected to receive an award for
their volunteer services, presented and read.
City Manager recommending to amendCouncil Member Nagle moved that the
agreement with Project Concern for Child Carecommunication be received and filed. Seconded
Initiative Grant Program, presented and read.by Council Member Robbins. Carried by the
Council Member Nagle moved that thefollowing vote: Yeas—Mayor Duggan, Council
communication be received and filed. SecondedMembers Kluesner, Krieg, Nagle, Nicholson,
by Council Member Robbins. Carried by theRobbins. Nays—None. Absent—Council
following vote: Yeas—Mayor Duggan, CouncilMember Voetberg.
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins. Nays—None. Absent—CouncilNational League of Cities advising Dan
Member Voetberg.Nicholson has been appointed to the Transporta-
tion & Communications Policy Committee,
presented and read. Council Member Nagle
RESOLUTION NO. 120-95
moved that the communication be received and
7Regular Session, April 17, 1995
filed. Seconded by Council Member Robbins.of such approval and that no additional comment
Carried by the following vote: Yeas—Mayorwill be made by the City of Dubuque on this
Duggan, Council Members Kluesner, Krieg,matter.
Nagle, Nicholson, Robbins. Nays—None.Section 3. The Mayor is authorized and
Absent—Council Member Voetberg.directed to execute an application to the U.S.
Department of Housing and Urban Development
City Manager regarding application for Sectionfor participation in the Section 8 Housing Voucher
8 Program Housing Vouchers, presented and read.Program.
Council Member Nagle moved that theSection 4. The City of Dubuque Housing
communication be received and filed. SecondedCommission has conducted the necessary public
by Council Member Robbins. Carried by thehearing regarding this application in accordance
following vote: Yeas—Mayor Duggan, Councilwith requirements of Chapter 403.A.28 of the
Members Kluesner, Krieg, Nagle, Nicholson,Code of Iowa, to review and/or approve or suggest
Robbins. Nays—None. Absent—Councilmodifications of the plans for program design and
Member Voetberg.administration of this proposed program.
Section 5. The City Manager is hereby
RESOLUTION NO. 121-95authorized and directed to forward said application
A RESOLUTION AUTHORIZING THEand resulting standard executed contract to the
respective agencies in a timely fashion and as
MAYOR TO EXECUTE AN APPLICATION
required by the U.S. Department of Housing and
TO PARTICIPATE IN THE SECTION 8
HOUSING VOUCHER PROGRAM Urban Development.
Whereas, the City of Dubuque recognizes thePassed, approved and adopted this 17th day of
continuing unmet need for provision of assistedApril, 1995.
housing to the City's qualifying lower-incomeTerrance M. Duggan, Mayor
families; and Attest:
Whereas, the City has continuously providedMary A. Davis, City Clerk
housing assistance to Section 8 Housing ProgramCouncil Member Nagle moved adoption of the
tenants, since 1976; andResolution. Seconded by Council Member
Whereas, the U.S. Department of Housing andRobbins. Carried by the following vote:
Urban Development has made funding available toYeas—Mayor Duggan, Council Members
encourage municipalities to implement innovativeKluesner, Krieg, Nagle, Nicholson, Robbins.
programs promoting the economic independence ofNays—None. Absent—Council Member
lower-income families, through cooperating effortsVoetberg.
of the public and private sectors; and
Whereas, and in accordance with SectionCity Manager submitting the Corps of
403A.5 of the Iowa Code which statesEngineers Mississippi River Study, presented and
"A municipality or a 'Municipal Housingread. Council Member Nagle moved that the
Agency' may not proceed with a housingcommunication be received and filed. Seconded
project until a study or a report andby Council Member Robbins. Carried by the
recommendation on housing available withinfollowing vote: Yeas—Mayor Duggan, Council
the community is made public by theMembers Kluesner, Krieg, Nagle, Nicholson,
municipality or agency and is included in itsRobbins. Nays—None. Absent—Council
recommendation for a housing project.Member Voetberg.
Recommendations must receive majority
approval from the local governing body beforeCouncil Member Nagle moved that the rules be
proceeding on the housing project."suspended to allow anyone present to address the
AND IN ACCORDANCE WITH SectionCouncil if they so desire. Seconded by Council
213(c) of the Housing and CommunityMember Robbins. Carried by the following vote:
Development Act of 1974, which states in partYeas—Mayor Duggan, Council Members
that it must be determined whether or not thereKluesner, Krieg, Nagle, Nicholson, Robbins.
is a need for such housing assistance, takingNays—None. Absent—Council Member
into consideration any applicable State orVoetberg.
areawide housing assistance plan as well as
generally available data with respect toProof of Publication certified to by the
population, poverty, housing over-crowding,Publisher on Notice of Public Hearing to vacate an
housing vacancies and substandard housing.unused 24 foot wide access easement in Herrig's
An application may be approved only if thisJFK Addition and City Manager recommending
determination is in the affirmative; andapproval to vacate said easement, presented and
Whereas, this application is consistent with theread. Council Member Nagle moved that the proof
1994 Comprehensive Housing Affordabilityand communication be received and filed.
Strategy for the City of Dubuque.Seconded by Council Member Robbins. Carried
NOW THEREFORE, BE IT RESOLVED BYby the following vote: Yeas—Mayor Duggan,
THE CITY COUNCIL OF DUBUQUE, IOWA:Council Members Kluesner, Krieg, Nagle,
Section 1. The City of Dubuque hasNicholson, Robbins. Nays—None.
determined there is a need for additional housingAbsent—Council Member Voetberg.
assistance and is knowledgeable of the status of
available housing within the City as required byRESOLUTION NO. 122-95
Iowa Code and that majority approval of theWhereas, pursuant to resolution and published
proposed housing activity within the City'snotice of time and place of hearing, published in
jurisdiction is hereby granted.the Telegraph Herald, a newspaper of general
Section 2. This resolution is intended to servecirculation published in the City of Dubuque, Iowa
as the City of Dubuque's final notice to the U.S.on the 7th day of April, 1995, the City Council of
Department of Housing and Urban Developmentthe City of Dubuque, Iowa met on the 17th day of
Regular Session, April 17, 19958
April, at 7:30 p.m. in the Public LibraryCouncil of Dubuque, Iowa, met on the 17th day of
Auditorium, 11th and Locust, Dubuque, DubuqueApril, 1995, at 7:00 p.m. in the Carnegie Stout
County, Iowa to consider the proposal for thePublic Library Auditorium, 11th and Bluff Street,
vacation and release of real estate described as:Dubuque, Iowa, to consider the proposal to dispose
A 24 foot wide access easement across Lot 4 inof City-owned real estate located at 721 Davis
Herrig's JFK Addition in the City of Dubuque,Street which property is legally described as
as shown on the attached Exhibit "A"follows:
Whereas, the City Council of the City ofLot One Hundred Two (102), except the
Dubuque, Iowa overruled any and all objections,Westerly Seven Feet (W7') thereof, and the
oral or written, to the proposal to dispose ofWest Thirty-Five Feet (W35') of Lot One
interest of the City of Dubuque, Iowa in theHundred One (101) in O’Neill’s Riverview in
hereinabove described real estate.the City of Dubuque, Iowa, according to the
NOW, THEREFORE, BE IT RESOLVED BYrecorded plat thereof.
THE CITY COUNCIL OF THE CITY OFWhereas, such property is proposed to be sold
DUBUQUE, IOWA:to Kim Treanor in consideration for One Thousand
Section 1. That the disposal of the interest ofEight Hundred Sixty Dollars ($1,860.00) as the
the City of Dubuque, Dubuque County, Iowa ineighth DREAMS Program property to be sold; and
real property described as a 24 foot wide accessWhereas, the City Council of the City of
easement across Lot 4 in Herrig's JFK Addition inDubuque, Iowa, has overruled any and all
the City of Dubuque, Iowa as shown on theobjections, oral and written, to the proposal to
attached Exhibit "A" be and the same is herebydispose of the interest of the City of Dubuque,
approved for the cost of publication and filing fees.Iowa, in the herein and above-named real estate to
Section 2. That the Mayor be authorized andthe above-named grantee.
directed to execute a Release of Easement, and theNOW, THEREFORE, BE IT RESOLVED BY
City Clerk be and is hereby authorized andTHE CITY COUNCIL OF THE CITY OF
directed to deliver said Release to HellingDUBUQUE, IOWA:
Investments, L.C. upon receipt of the above fees.Section 1. That the disposal of the interest of
Section 3. That the City Clerk be and is herebythe City of Dubuque in the above-described
authorized and directed to record a certified copyproperty to Kim Treanor is hereby approved.
of this resolution in the office of the City Assessor,Section 2. That the Mayor be and he is hereby
Dubuque County Recorder and the Dubuqueauthorized and directed to execute a Quit Claim
County Auditor.Deed, and that the City Clerk be and she is hereby
Passed, approved and adopted this 17th day ofdirected and authorized to deliver such Deed,
April, 1995.conveying the above described real estate to the
Terrance M. Duggan, Mayorabove-named grantee.
Attest:Passed, approved and adopted this 17th day of
Mary A. Davis, City ClerkApril, 1995.
Council Member Nagle moved adoption of theTerrance M. Duggan, Mayor
Resolution. Seconded by Council MemberAttest:
Robbins. Carried by the following vote:Mary A. Davis, City Clerk
Yeas—Mayor Duggan, Council MembersCouncil Member Robbins moved adoption of
Kluesner, Krieg, Nagle, Nicholson, Robbins.the Resolution. Seconded by Council Member
Nays—None. Absent—Council MemberKrieg. Carried by the following vote:
Voetberg.Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins.
Proof of Publication certified to by theNays—None. Absent—Council Member
Publisher on Notice of Public Hearing to disposeVoetberg.
of City's interest in property located at 721 Davis
St. and City Manager recommending to dispose ofProof of Publication certified to by the
property at 721 Davis St., presented and read.Publisher on Notice of Public Hearing to dispose
Council Member Robbins moved that the proofof city owned property located near airport
and communication be received and filed.entrance road and City Manager recommending
Seconded by Council Member Krieg. Carried byapproval to dispose of said property, presented and
the following vote: Yeas—Mayor Duggan,read. Council Member Nagle moved that the proof
Council Members Kluesner, Krieg, Nagle,and communication be received and filed.
Nicholson, Robbins. Nays—None.Seconded by Council Member Krieg. Carried by
Absent—Council Member Voetberg.the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
RESOLUTION NO. 123-95Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
RESOLUTION APPROVING THE
DISPOSAL OF CITY-OWNED PROPERTY,
SPECIFICALLY, LOT ONE HUNDREDRESOLUTION NO. 124-95
TWO (102), EXCEPT THE WESTERLYRESOLUTION APPROVING THE
SEVEN FEET (W7') THEREOF, AND THEDISPOSAL OF CITY-OWNED PROPERTY,
WEST THIRTY-FIVE FEET (W35') OF LOTSPECIFICALLY, A PARCEL OF LAND IN
ONE HUNDRED ONE (101) IN O’NEILL’SLOT 2 OF THE NW 1/4 OF THE NE 1/4 AND
RIVERVIEW IN THE CITY OF DUBUQUE,LOT 2 OF THE SUBDIVISION OF LOT 1
COUNTY OF DUBUQUE, IOWA,OF THE SW 1/4 OF THE NE 1/4 ALL IN
ACCORDING TO THE RECORDED PLATSEC. 35, T88N, R2E OF THE 5TH P.M.,
THEREOF, ALSO KNOWN AS 721 DAVISDUBUQUE COUNTY, IOWA TO THE
STREET TO KIM TREANOR.STATE OF IOWA DEPARTMENT OF
Whereas, pursuant to a notice, duly published
TRANSPORTATION
in the Telegraph Herald newspaper, the City
9Regular Session, April 17, 1995
Whereas, pursuant to a notice, duly publishedNOW, THEREFORE, BE IT RESOLVED BY
in the Telegraph Herald newspaper, the CityTHE CITY COUNCIL OF THE CITY OF
Council of the City of Dubuque, Iowa met on theDUBUQUE, IOWA:
17th day of April, 1995, at 7:00 p.m. in theSection 1. That the disposal of the interest of
Carnegie Stout Public Library Auditorium, 11ththe City of Dubuque in the above-described
and Bluff Street, Dubuque, Iowa, to consider theproperty to the State of Iowa Department of
proposal to dispose of City-owned propertyTransportation is hereby approved.
adjacent to U.S. Highway 61 near the DubuqueSection 2. That the Mayor be and he is hereby
Regional Airport which property is legallyauthorized and directed to execute a Partial
described as follows: Acquisition Contract, and that the City Clerk be
A PARCEL OF LAND IN LOT 2 OF THE NWand she is hereby directed and authorized to deliver
1/4 OF THE NE 1/4 AND LOT 2 OF THEsuch Partial Acquisition Contract, conveying the
SUBDIVISION OF LOT 1 OF THE SW 1/4 OFabove described property to the State of Iowa
THE NE 1/4 ALL IN SEC. 35, T88N, R2E OFDepartment of Transportation.
THE 5TH P.M., DUBUQUE COUNTY, IOWA,Passed, approved and adopted this 17th day of
AS SHOWN ON ACQUISITION PLATApril, 1995.
EXHIBIT "A" ATTACHED HERETO AND BYTerrance M. Duggan, Mayor
REFERENCE MADE A PART HEREOF, MOREAttest:
PARTICULARLY DESCRIBED AS FOLLOWS:Mary A. Davis, City Clerk
COMMENCING AT THE NORTH 1/4Council Member Nagle moved adoption of the
CORNER OF SAID SEC. 35; THENCEResolution. Seconded by Council Member Krieg.
S00037'47"W ALONG THEN WEST LINE OFCarried by the following vote: Yeas—Mayor
THE NE 1/4 OF SAID SEC. 35, 1,153.53 FT.;Duggan, Council Members Kluesner, Krieg,
0
THENCE S8922'13"E, 80.31 FT. TO A POINTNagle, Nicholson, Robbins. Nays—None.
ON THE EXISTING EAST RIGHT-OF-WAYAbsent—Council Member Voetberg.
LINE OF U.S. HIGHWAY 61, WHICH POINT
IS THE NORTH CORNER OF LOT 2 OF THE
RESOLUTION NO. 125-95
NW 1/4 OF THE NE 1/4 OF SAID SEC. 35,RESOLUTION CERTIFICATION OF
THE POINT OF BEGINNING; THENCEMUNICIPAL CORPORATE RESOLUTIONS
S44037'15"E ALONG THE NORTHEASTERLYSALE OF REAL PROPERTY AND
LINE OF SAID LOT 2, 133.92 FT.; THENCE
DELIVERY OF CONVEYANCE.
0
S0206'33"W, 82.40 FT. TO A POINT ON THERESOLVED, that this municipal corporation
SOUTHWESTERLY LINE OF SAID LOT 2 OFbe and it is hereby authorized to sell, grant and
LOT 1 OF THE SW 1/4 OF THE NE 1/4 OFconvey to the State of Iowa for the purchase price
SAID SECTION 35; THENCE N44037'15"Wof $mutual consent cash and other certain benefits,
ALONG THE SOUTHWESTERLY LINE OFterms and conditions as set forth in the contract
SAID LOT 2 OF LOT 1 AND LOT 2, 130.76signed by Terrance M. Duggan and Mary A. Davis
FT. TO THE PRESENT EAST RIGHT-OF-dated April 17, 1995, relating to Dubuque County,
WAY LINE OF U.S. HIGHWAY 61; THENCEProject No. NHSN-61-8(73)—2R-31, Parcel No.
N00032'59"E ALONG THE EXISTING EAST296, and as more particularly described in the
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61,contract attached hereto and by reference made a
BEING THE WEST LINE OF SAID LOT 2,part hereof; and
84.60 FT. TO THE POINT OF BEGINNING;RESOLVED FURTHER, that Terrance M.
CONTAINING 0.18 ACRE.Duggan, and Mary A. Davis have been
BASIS OF BEARINGS: THE WEST LINE OFempowered and directed to execute and deliver in
THE NE 1/4 OF SAID SEC. 35 IS ASSUMEDthe name of this Municipal Corporation, the
0
TO BEAR S0037'47"W FOR THE PURPOSEcontract and any other instruments of title required
OF THIS DESCRIPTION.by law or which may, in the judgment of such
Whereas, the Iowa Department ofofficer(s), be necessary or desirable to effectuate
Transportation desires to acquire the abovethe sale, grant and conveyance of the property.
described parcel of land containing 0.18 acres forRESOLVED FURTHER, Mary A. Davis, City
highway purposes in the improvement of U.S.Clerk is hereby directed to deliver this contract to
Highway 61; andthe Highway Division of the Department of
Whereas, the City Council of the City ofTransportation Closing Agent in exchange for the
Dubuque has concluded that it is in the best publicconsider of $ mutual consent hereby accepted and
interest that the Iowa Department ofapproved this municipal corporation.
Transportation be conveyed the above describedYEAS-Terrance Duggan, Loras Kluesner,
parcel of land containing 0.18 acres; andKathryn Krieg, Robert Nagle, Daniel Nicholson,
Whereas, the offer by the Iowa Department ofJoseph Robbins. NAYS-None ABSENT OR
Transportation to construct a new entrance road toNOT VOTING- Absent-Dirk Voetberg
the City of Dubuque's Regional Airport as aIN WITNESS WHEREOF, I have hereunto
mutual benefit for the acquisition of the abovesubscribed my name at Dubuque, Iowa, this 17th
described parcel of land containing 0.18 acresday of April, 1995.
should be accepted in consideration for the(SEAL)Mary A. Davis, City Clerk
conveyance of such property to it; andState of Iowa )
Whereas, the City Council of the City of ) ss
Dubuque, Iowa, has overruled any and allCounty of Dubuque )
objections, oral and written, to the proposal toSubscribed and sworn to before me this 17th
dispose of the interest of the City of Dubuque,day of April, 1995.
Iowa, in the herein and above-named property toZ. D. Hantelmann
the State of Iowa Department of Transportation.Notary Public in and for the State of Iowa
Council Member Nagle moved adoption of the
Resolution. Seconded by Council Member Krieg.
Regular Session, April 17, 199510
Carried by the following vote: Yeas—Mayorfurnishings of all labor and materials and
Duggan, Council Members Kluesner, Krieg,performing the work as provided for in the plans
Nagle, Nicholson, Robbins. Nays—None.and specifications.
Absent—Council Member Voetberg.NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Proof of Publication certified to by theDUBUQUE, IOWA:
Publisher on Notice of Hearing on Plans andThat the contract for the above improvement be
Specifications for Reconstruction of Fremontawarded to Tschiggfrie Excavating and the
Avenue Bridge, presented and read. CouncilManager be and is hereby directed to execute a
Member Nagle moved that the proof be receivedcontract on behalf of the City of Dubuque for the
and filed. Seconded by Council Membercomplete performance of the work.
Nicholson. Carried by the following vote:BE IT FURTHER RESOLVED:
Yeas—Mayor Duggan, Council MembersThat upon the signing of said contract and the
Kluesner, Krieg, Nagle, Nicholson, Robbins.approval of the contractor's bond, the City
Nays—None. Absent—Council MemberTreasurer is authorized and instructed to return the
Voetberg.bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 17th day of
RESOLUTION NO. 126-95April, 1995.
Terrance M. Duggan, Mayor
RESOLUTION ADOPTING PLANS
Attest:
AND SPECIFICATIONS
Whereas, on the 15th day of March, 1995,Mary A. Davis, City Clerk
plans, specifications, form of contract andCouncil Member Nagle moved adoption of the
estimated cost were filed with the City Clerk ofResolution. Seconded by Council Member
Dubuque, Iowa for the Reconstruction of theNicholson. Carried by the following vote:
Fremont Avenue Bridge.Yeas—Mayor Duggan, Council Members
Whereas, notice of hearing on plans,Kluesner, Krieg, Nagle, Nicholson, Robbins.
specifications, form of contract, and estimated costNays—None. Absent—Council Member
was published as required by law.Voetberg.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OFMichael Buelow, Chairperson of
DUBUQUE, IOWA:Environmental Stewardship Commission
That the said plans, specifications, form ofsubmitting their annual report and making a brief
contract and estimated cost are hereby approved aspresentation, presented and read. Council Member
the plans, specifications, form of contract andNagle moved that the communication be received
estimated cost for said improvements for saidand filed. Seconded by Council Member
project.Kluesner. Carried by the following vote:
Passed, adopted and approved this 17th day ofYeas—Mayor Duggan, Council Members
April, 1995.Kluesner, Krieg, Nagle, Nicholson, Robbins.
Terrance M. Duggan, MayorNays—None. Absent—Council Member
Attest:Voetberg.
Mary A. Davis, City Clerk
Council Member Nagle moved adoption of theEnvironmental Stewardship Commission
Resolution. Seconded by Council Memberrequesting authorization to co-sponsor two Earth
Nicholson. Carried by the following vote:Day programs in conjunction with the Mississippi
Yeas—Mayor Duggan, Council MembersRiver Revival organization, presented and read.
Kluesner, Krieg, Nagle, Nicholson, Robbins.Council Member Kluesner moved that the
Nays—None. Absent—Council Membercommunication be received and filed and approved
Voetberg.request. Seconded by Council Member Nagle.
Proof of Publication on Notice to Bidders of theCarried by the following vote: Yeas—Mayor
Receipt of Bids for project and City ManagerDuggan, Council Members Kluesner, Krieg,
recommending to award contract for project,Nagle, Nicholson, Robbins. Nays—None.
presented and read. Council Member NagleAbsent—Council Member Voetberg.
moved that the proof and communication be
received and filed. Seconded by Council MemberCity Manager submitting an application for
Nicholson. Carried by the following vote:Family Self-Sufficiency Program Coordinator,
Yeas—Mayor Duggan, Council Memberspresented and read. Council Member Nagle
Kluesner, Krieg, Nagle, Nicholson, Robbins.moved that the communication be received and
Nays—None. Absent—Council Memberfiled. Seconded by Council Member Robbins.
Voetberg.Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
RESOLUTION NO. 127-95Nagle, Nicholson, Robbins. Nays—None.
AWARDING CONTRACTAbsent—Council Member Voetberg.
Whereas, sealed proposals have been submitted
by contractors for the Reconstruction of the
RESOLUTION NO. 128-95
Fremont Avenue Bridge pursuant to ResolutionRESOLUTION AUTHORIZING THE
No. 104-95 and notice to bidders published in aMAYOR TO EXECUTE AN APPLICATION
newspaper published in the City of Dubuque, IowaTO PARTICIPATE IN THE FAMILY SELF-
on the 24th day of March, 1995.
SUFFICIENCY COORDINATOR
Whereas, said sealed proposals were openedPROGRAM
and read on the 11th day of April, 1995 and it hasWhereas, the U.S. Department of Housing and
been determined that the bid of TschiggfrieUrban Development (HUD) requires that housing
Excavating of Dubuque, Iowa in the amount ofauthorities receiving Section 8 Program funding
$2,561,716.81 was the lowest bid for the
11Regular Session, April 17, 1995
must administrate a Family Self-SufficiencySection 1. That the Mayor is hereby authorized
program for participating families; andto sign this agreement with IDOT on behalf of the
Whereas, HUD is currently making availableCity Council.
funds to pay for costs of administering suchSection 2. That the City of Dubuque hereby
programs through its Family Self-Sufficiencyagrees to abide by the conditions of this agreement
Program Coordinator Program; andwith IDOT.
Whereas, the City of Dubuque currentlyPassed, approved and adopted this 17th day of
administers a successful self-sufficiency programApril, 1995.
at a significant annual cost.Terrance M. Duggan, Mayor
NOW, THEREFORE, BE IT RESOLVED BYAttest:
THE CITY COUNCIL OF THE CITY OFMary A. Davis, City Clerk
DUBUQUE, IOWA:Council Member Krieg moved adoption of the
Section 1. The Mayor is authorized andResolution. Seconded by Council Member
directed to execute an application to the U.S.Robbins. Carried by the following vote:
Department of Housing and Urban DevelopmentYeas—Mayor Duggan, Council Members
for participation in the Family Self-SufficiencyKluesner, Krieg, Nagle, Nicholson, Robbins.
Coordinator Program.Nays—None. Absent—Council Member
Section 2. The City of Dubuque HousingVoetberg.
Commission has conducted a public hearing
regarding this application in accordance withCity Manager recommending approval of
requirements of Chapter 403.A.28 of the Code ofagreement for the Mississippi Riverwalk
Iowa, to review and approve the plans forTransportation Enhancement Project in amt. of
administration of this proposed program.$170,400, presented and read. Council Member
Section 3. The City Manager is herebyKrieg moved that the communication be received
authorized and directed to forward said applicationand filed. Seconded by Council Member
and resulting standard executed contract to theRobbins. Carried by the following vote:
respective agencies in a timely fashion and asYeas—Mayor Duggan, Council Members
required by the U.S. Department of Housing andKluesner, Krieg, Nagle, Nicholson, Robbins.
Urban Development.Nays—None. Absent—Council Member
Passed, approved and adopted this 17th day ofVoetberg.
April, 1995.
Terrance M. Duggan, MayorRESOLUTION NO. 130-95
Attest:RESOLUTION APPROVING AN
Mary A. Davis, City Clerk
AGREEMENT WITH THE IDOT FOR THE
Council Member Nagle moved adoption of the
MISSISSIPPI RIVERWALK
Resolution. Seconded by Council MemberTRANSPORTATION ENHANCEMENT
Robbins. Carried by the following vote:PROJECT.
Yeas—Mayor Duggan, Council MembersWhereas, the City of Dubuque has been
Kluesner, Krieg, Nagle, Nicholson, Robbins.awarded a $170,400 grant for the Mississippi
Nays—None. Absent—Council MemberRiverwalk Transportation Enhancement Project;
Voetberg.and
Whereas, the City Council has approved a local
City Manager recommending approval ofmatch of $42,600 in the Capital Improvement
agreement for the Heritage Trail Riverfront projectProgram for this project; and
in amount of $28,000, presented and read.Whereas, the Iowa Department of
Council Member Krieg moved that theTransportation (IDOT) requires approval of an
communication be received and filed. Secondedagreement for this project.
by Council Member Robbins. Carried by theNOW THEREFORE, BE IT RESOLVED BY
following vote: Yeas—Mayor Duggan, CouncilTHE CITY COUNCIL OF THE CITY OF
Members Kluesner, Krieg, Nagle, Nicholson,DUBUQUE, IOWA:
Robbins. Nays—None. Absent—CouncilSection 1. That the Mayor is hereby authorized
Member Voetberg.to sign and submit this agreement to the IDOT.
Section 2. That the City of Dubuque hereby
RESOLUTION NO. 129-95agrees to abide by the terms of this agreement with
RESOLUTION APPROVING ANIDOT.
AGREEMENT WITH IDOT FOR THEPassed, approved and adopted this 17th day of
April, 1995.
HERITAGE TRAIL RIVERFRONT
SYSTEM TRANSPORTATIONTerrance M. Duggan, Mayor
ENHANCEMENT PROJECT.Attest:
Whereas, the City of Dubuque has beenMary A. Davis, City Clerk
awarded a $28,000 grant for the Heritage TrailCouncil Member Krieg moved adoption of the
Riverfront System Transportation EnhancementResolution. Seconded by Council Member Nagle.
Project; andCarried by the following vote: Yeas—Mayor
Whereas, the City Council has approved a localDuggan, Council Members Kluesner, Krieg,
match of $7,000 from the City's CapitalNagle, Nicholson, Robbins. Nays—None.
Improvement Program for this project; andAbsent—Council Member Voetberg.
Whereas, the Iowa Department of
Transportation (IDOT) requires approval of anCity Manager recommending approval of
agreement for this project.agreement for the Steamboat William M. Black
NOW THEREFORE, BE IT RESOLVED BYTransportation Enhancement Project in amt. of
THE CITY COUNCIL OF THE CITY OF$329,920.00, presented and read. Council
DUBUQUE, IOWA:Member Krieg moved that the communication be
received and filed. Seconded by Council Member
Regular Session, April 17, 199512
Robbins. Carried by the following vote:Whereas, said construction program must be
Yeas—Mayor Duggan, Council Membersfiled with the Iowa Department of Transportation
Kluesner, Krieg, Nagle, Nicholson, Robbins.by May 1, 1995 for the purpose of allocating Road
Nays—None. Absent—Council MemberUse Tax Funds to municipalities; and
Voetberg.Whereas, this Council has reviewed the
tentative street construction program as submitted.
RESOLUTION NO. 131-95NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION APPROVING AN
DUBUQUE, IOWA:
AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATIONSection 1. That the tentative Five Year Street
(IDOT) FOR THE STEAMBOAT WILLIAMConstruction Program for Fiscal Year 1996
through 2000 be and the same is hereby approved
M. BLACK TRANSPORTATION
ENHANCEMENT PROJECT.and the Mayor is hereby authorized and directed to
Whereas, the Dubuque County Historicalsign this resolution.
Society has been awarded a $329,920 grant for theSection 2. That the City Manager is hereby
Steamboat William M. Black Transportationauthorized and directed to forward the required
Enhancement Project; anddocuments relating to the Five Year Street
Whereas, the Dubuque County HistoricalConstruction Program to the Iowa Department of
Society has the necessary 20% matching funds ofTransportation.
$82,480 available for this project; andPassed, approved and adopted this 17th day of
Whereas, the Iowa Department ofApril, 1995.
Transportation (IDOT) requires approval of anTerrance M. Duggan, Mayor
agreement for this project with the City.Attest:
NOW THEREFORE, BE IT RESOLVED BYMary A. Davis. City Clerk
THE CITY COUNCIL OF THE CITY OFCouncil Member Krieg moved adoption of the
DUBUQUE, IOWA:Resolution. Seconded by Council Member Nagle.
Section 1. That the Mayor is hereby authorizedCarried by the following vote: Yeas—Mayor
to sign and submit this agreement to the IDOT.Duggan, Council Members Kluesner, Krieg,
Section 2. That the Dubuque CountyNagle, Nicholson, Robbins. Nays—None.
Historical Society stipulates that the Society hasAbsent—Council Member Voetberg.
the required 20% matching funds available for this
grant.City Manager recommending approval of
Section 3. That the Dubuque Countysurvey plat of Concord Place, presented and read.
Historical Society stipulates that the Society willCouncil Member Krieg moved that the
assume responsibility for adequate maintenance ofcommunication be received and filed. Seconded
any new or improved facilities as a result of thisby Council Member Nagle. Carried by the
application for a minimum of 20 years followingfollowing vote: Yeas—Mayor Duggan, Council
project completion.Members Kluesner, Krieg, Nagle, Nicholson,
Section 4. That the City of Dubuque and theRobbins. Nays—None. Absent—Council
Dubuque County Historical Society hereby agreeMember Voetberg.
to abide by the terms of this agreement with IDOT.
Passed, approved and adopted this 17th day of
RESOLUTION NO. 133-95
April, 1995.RESOLUTION APPROVING THE SURVEY
Terrance M. Duggan, MayorPLAT OF CONCORD PLACE, A DIVISION
OF LOT 18, THE SOUTH 39 FEET OF LOT
Attest:
19, THE NORTH 10 FEET OF LOT 19, AND
Mary A. Davis, City ClerkLOT 20, OF CONCORD SUBDIVISION, IN
Council Member Krieg moved adoption of theTHE CITY OF DUBUQUE, IOWA.
Resolution. Seconded by Council MemberWhereas, there has been filed with the City
Robbins. Carried by the following vote:Clerk a Survey Plat of Concord Place, a division of
Yeas—Mayor Duggan, Council MembersLot 18, the south 39 feet of Lot 19, the north 10
Kluesner, Krieg, Nagle, Nicholson, Robbins.feet of Lot 19, and Lot 20, of Concord
Nays—None. Absent—Council MemberSubdivision, in the City of Dubuque, Iowa; and
Voetberg.Whereas, said plat has been reviewed by the
City Planner and had its approval endorsed
City Manager submitting 5 year streetthereon; and
construction program, presented and read. CouncilWhereas, said plat has been examined by the
Member Krieg moved that the communication beCity Council and they find that it conforms to the
received and filed. Seconded by Council Memberstatutes and ordinances relating to it.
Nagle. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED BY
Yeas—Mayor Duggan, Council MembersTHE CITY COUNCIL OF THE CITY OF
Kluesner, Krieg, Nagle, Nicholson, Robbins.DUBUQUE, IOWA:
Nays—None. Absent—Council MemberSection 1. That the Survey Plat of Concord
Voetberg.Place, a division of Lot 18, the south 39 feet of Lot
19, the north 10 feet of Lot 19, and Lot 20, of
RESOLUTION NO. 132-95Concord Subdivision, is hereby approved and the
RESOLUTION APPROVINGMayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of
TENTATIVE FIVE YEAR STREET
CONSTRUCTION PROGRAMDubuque upon said plat.
Whereas, there has been prepared a tentativePassed, approved and adopted this 17th day of
street construction program for Fiscal Year 1996April, 1995.
through 2000; andTerrance M. Duggan, Mayor
Attest:
13Regular Session, April 17, 1995
Mary A. Davis, City ClerkKluesner, Krieg, Nagle, Nicholson, Robbins.
Council Member Krieg moved adoption of theNays—None. Absent—Council Member
Resolution. Seconded by Council Member Nagle.Voetberg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
RESOLUTION NO. 136-95
Nagle, Nicholson, Robbins. Nays—None.Whereas, applications for Beer Permits have
Absent—Council Member Voetberg.been submitted and filed to this Council for
approval and the same have been examined and
City Manager recommending approval ofapproved; and
survey plat of portion of Chaney Road SchoolWhereas, the premises to be occupied by such
Place No. 2, presented and read. Council Memberapplicants were inspected and found to comply
Krieg moved that the communication be receivedwith the Ordinances of this City and have filed
and filed. Seconded by Council Member Nagle.proper bonds.
Carried by the following vote: Yeas—MayorNOW, THEREFORE, BE IT RESOLVED BY
Duggan, Council Members Kluesner, Krieg,THE CITY COUNCIL OF THE CITY OF
Nagle, Nicholson, Robbins. Nays—None.DUBUQUE, IOWA:
Absent—Council Member Voetberg.That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
RESOLUTION NO. 134-95
CLASS "B" BEER PERMIT
A RESOLUTION APPROVING THE PLAT
OF SURVEY CHANEY ROAD SCHOOLC.K. of Dubuque, Inc.
PLACE NO. 2., IN THE CITY OFCountry Kitchen
(+Sunday Sales)3187 University
DUBUQUE, IOWA.
Whereas, there has been filed with the CityNorthwood League Inc.
Clerk a Plat of Survey Chaney Road School PlaceNorthwood League Inc.
in the City of Dubuque, Iowa; and1 Admiral Sheehey
Whereas, said plat has been examined by the(Sunday Sales & Outdoor Serv)
Zoning Commission and had its approval endorsedCLASS "C" BEER PERMIT
thereon; andWareco System of IowaWareco 662
Whereas, said final plat has been examined by(+Sunday Sales)700 Rhomberg
the City Council and they find that it conforms toPassed, approved and adopted this 17th day of
the statutes and ordinances relating thereto.April,1995
NOW, THEREFORE, BE IT RESOLVED BYTerrance M. Duggan, Mayor
THE CITY COUNCIL OF THE CITY OFAttest:
DUBUQUE, IOWA:Mary A Davis, City Clerk
Section 1. That the Plat of Survey ChaneyCouncil Member Nagle moved adoption of the
Road School Place No. 2, in the City of Dubuque,Resolution. Seconded by Council Member
Iowa is hereby approved and the Mayor and CityRobbins. Carried by the following vote:
Clerk are hereby authorized and directed toYeas—Mayor Duggan, Council Members
endorse the approval of the City of Dubuque,Kluesner, Krieg, Nagle, Nicholson, Robbins.
Iowa, upon said final plat.Nays—None. Absent—Council Member
Passed, approved and adopted this 17th day ofVoetberg.
April, 1995.
Terrance M. Duggan, MayorRESOLUTION NO. 137-95
ATTEST:Whereas, applications for Liquor Licenses have
Mary A. Davis, City Clerkbeen submitted to this Council for
Council Member Krieg moved adoption of theapproval and the same have been examined and
Resolution. Seconded by Council Member Nagle.approved; and
Carried by the following vote: Yeas—MayorWhereas, the premised to be occupied by such
Duggan, Council Members Kluesner, Krieg,applicants were inspected and found to comply
Nagle, Nicholson, Robbins. Nays—None.with the State Law and all City Ordinances
Absent—Council Member Voetberg.relevant thereto and they have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
RESOLUTION NO. 135-95THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVED BYDUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OFThat the Manager be authorized to cause to be
DUBUQUE, IOWA:issued the following named applicants
That the following having complied with thea Liquor License.
provisions of law relating to the saleCLASS "A" (CLUB) LIQUOR LICENSE
of Cigarettes within the City of Dubuque, Iowa, beLoyal Ord. Moose#355Moose Lodge#355
granted a permit to sell Cigarettes and Cigarette+(Sunday Sales)1166 Main St
Papers within said City.CLASS "C" (COMMERCIAL)
Hey Joe Inc.The Corner PocketLIQUOR LICENSES
(My-Cap)2095 Kerper Blvd.Chad A. StreffWhiskey River
Passed, approved and adopted this 17th day of+(Sunday Sales)1064 University
April, 1995.Donna GinterWest Dubuque Tap
Terrance M. Duggan, Mayor+(Sunday Sales)1701 Asbury Rd
Attest:Central Tap IncCentral Tap Inc.
Mary A. Davis, City Clerk+(Sunday Sales)1046 Central Ave
Council Member Nagle moved adoption of theMurphs South End Tap Inc.
Resolution. Seconded by Council MemberMurphs South End Tap
Robbins. Carried by the following vote:55 Locust St
Yeas—Mayor Duggan, Council MembersMarco's Inc.Marco's
Regular Session, April 17, 199514
2022 Central AveRobbins. Nays—None. Absent—Council
Judith A. BotsfordBotsy'sMember Voetberg.
1027 Rhomberg Ave
Perron EnterprisesFat TuesdaysRESOLUTION NO. 139-95
1121 University Ave
RESOLUTION SETTING THE DATE FOR
Vera L. StoffelCopper KettleA PUBLIC HEARING ON THE CITY OF
2987 Jackson StDUBUQUE'S PROPOSED CONSOLIDATED
Passed, approved and adopted this 17th day of
PLAN FOR HOUSING AND COMMUNITY
April, 1995
DEVELOPMENT PROGRAMS
Terrance M. Duggan, MayorWhereas, regulations for the U.S. Department
Attest:of Housing and Urban Development provided that
Mary A. Davis, City Clerkthe City shall prepare a consolidated strategy and
Council Member Nagle moved adoption of theplan for housing and community development
Resolution. Seconded by Council Memberprograms and shall conduct a public hearing on its
Robbins. Carried by the following vote:proposed consolidated submission; and
Yeas—Mayor Duggan, Council MembersWhereas, the City of Dubuque's Citizen
Kluesner, Krieg, Nagle, Nicholson, Robbins.Participation Plan for the Community
Nays—None. Absent—Council MemberDevelopment Block Grant Program specifies
Voetberg.standards for the publication of notices of such
hearings.
City Manager requesting a public hearing be setNOW, THEREFORE, BE IT RESOLVED BY
for Fiscal Year 1995 Budget Amendment,THE CITY COUNCIL OF THE CITY OF
presented and read. Council Member NagleDUBUQUE, IOWA:
moved that the communication be received andSection 1. That the City council shall conduct
filed. Seconded by Council Member Robbins.a public hearing on the City of Dubuque's
Carried by the following vote: Yeas—MayorProposed Consolidated Plan submission for
Duggan, Council Members Kluesner, Krieg,Housing and Community Development programs
Nagle, Nicholson, Robbins. Nays—None.at the Carnegie-Stout Public Library Auditorium,
Absent—Council Member Voetberg.360 West 11th Street, Dubuque, Iowa on Monday,
May 1, 1995, at 7:00 pm.
Section 2. That the City clerk be and is hereby
RESOLUTION NO.138-95
RESOLUTION DIRECTING THE CITYdirected to publish notice of said public hearing as
CLERK TO PUBLISH PROPOSEDrequired by the City of Dubuque's Citizen
Participation Plan for the Community
AMENDMENT TO THE FISCAL YEAR
Development Block Grant Program.
1995 BUDGET AND DATE OF PUBLIC
HEARINGPassed, approved and adopted this 17th day of
Whereas, it is proposed that the City ofApril, 1995.
Dubuque amend its Fiscal Year 1995 budget; andTerrance M. Duggan, Mayor
Whereas, Section 384.16 of the Code of IowaAttest:
stipulates that a public hearing must be held onMary A. Davis, City Clerk
such a budget amendment.Council Member Nagle moved adoption of the
NOW THEREFORE, BE IT RESOLVED BYResolution setting the matter for Public Hearing on
THE CITY COUNCIL OF THE CITY OF5-1-95 at 7:00 p.m. in the Public Library
DUBUQUE, IOWA:Auditorium and that the City Clerk publish notice
Section 1. That the City Clerk by and is herebyin the manner prescribed by law. Seconded by
authorized and directed to publish notice of publicCouncil Member Robbins. Carried by the
hearing on an amendment to the adopted budgetfollowing vote: Yeas—Mayor Duggan, Council
for the City of Dubuque, Iowa.Members Kluesner, Krieg, Nagle, Nicholson,
Passed, approved and adopted this 17th day ofRobbins. Nays—None. Absent—Council
April, 1995.Member Voetberg.
Terrance M. Duggan, Mayor
Attest:Zoning Commission advising of their approval
Mary A. Davis, City Clerkto rezone property at 2123 Hummingbird Dr. from
Council Member Nagle moved adoption of theR-4 to R-3, presented and read. Council Member
Resolution setting the matter for Public Hearing onKrieg moved that the communication be received
5-1-95 at 7:00 p.m. in the Public Libraryand filed. Seconded by Council Member
Auditorium and that the City Clerk publish noticeKluesner. Carried by the following vote:
in the manner prescribed by law. Seconded byYeas—Mayor Duggan, Council Members
Council Member Robbins. Carried by theKluesner, Krieg, Nagle, Nicholson, Robbins.
following vote: Yeas—Mayor Duggan, CouncilNays—None. Absent—Council Member
Members Kluesner, Krieg, Nagle, Nicholson,Voetberg.
Robbins. Nays—None. Absent—CouncilAn Ordinance Amending Zoning Map by
Member Voetberg.reclassifying property located at 2123
Hummingbird Drive from R-4 Multi-Family
City Manager requesting a public hearing be setResidential District to R-3 Moderate Density
on a proposed Consolidated Plan for Housing andMulti-Family District (for Mark Sullivan),
Community Development programs, presented andpresented and read. Council Member Krieg moved
read. Council Member Nagle moved that thethat the requirement that a proposed Ordinance be
communication be received and filed. Secondedconsidered and voted on for passage at two
by Council Member Robbins. Carried by theCouncil Meetings prior to the meeting at which it
following vote: Yeas—Mayor Duggan, Councilis to be finally passed be suspended. Seconded by
Members Kluesner, Krieg, Nagle, Nicholson,Council Member Kluesner. Carried by the
following vote: Yeas—Mayor Duggan, Council
15Regular Session, April 17, 1995
Members Kluesner, Krieg, Nagle, Nicholson,is to be finally passed be suspended. Seconded by
Robbins. Nays—None. Absent—CouncilCouncil Member Krieg. Carried by the following
Member Voetberg. Council Member Krieg movedvote: Yeas—Mayor Duggan, Council Members
that a Public Hearing be held on the proposedKluesner, Krieg, Nagle, Nicholson, Robbins.
Ordinance on the 1st day of May, 1995, at 7:00Nays—None. Absent—Council Member
o'clock p.m. at the Public Library Auditorium andVoetberg. Council Member Nagle moved that a
that the City Clerk be directed to publish notice inPublic Hearing be held on the proposed Ordinance
the manner prescribed by law. Seconded byon the 1st day of May, 1995, at 7:00 o'clock p.m.
Council Member Nagle. Carried by the followingat the Public Library Auditorium and that the City
vote: Yeas—Mayor Duggan, Council MembersClerk be directed to publish notice in the manner
Kluesner, Krieg, Nagle, Nicholson, Robbins.prescribed by law. Seconded by Council Member
Nays—None. Absent—Council MemberRobbins. Carried by the following vote:
Voetberg.Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins.
Zoning Commission advising of their approvalNays—None. Absent—Council Member
to rezone property at Northeast corner of CedarVoetberg.
Cross Road/Fremont Avenue from AG to R-3 and
C-2 Districts (Troy Budde), presented and read.Zoning Commission advising of their approval
Council Member Krieg moved that theto rezone property at Northwest corner of Cedar
communication be received and filed. SecondedCross Road and Fremont Avenue from AG to CS
by Council Member Nagle. Carried by theDistrict (John J. & Carole S. Heiderscheit),
following vote: Yeas—Mayor Duggan, Councilpresented and read. Council Member Krieg moved
Members Kluesner, Krieg, Nagle, Nicholson,that the communication be received and filed.
Robbins. Nays—None. Absent—CouncilSeconded by Council Member Robbins. Carried
Member Voetberg.by the following vote: Yeas—Mayor Duggan,
An Ordinance Amending Zoning Map byCouncil Members Kluesner, Krieg, Nagle,
reclassifying property located at Northeast cornerNicholson, Robbins. Nays—None.
of Cedar Cross Road/Fremont Avenue from AGAbsent—Council Member Voetberg.
Agricultural District to C-2 NeighborhoodAn Ordinance Amending Zoning Map by
Shopping Center District and R-3 Moderatereclassifying property located at the Northwest
Density Multi-Family Residential District,corner of Cedar Cross Road and Fremont Avenue
presented and read. Council Member Krieg movedfrom AG Agricultural District to CS Commercial
that the requirement that a proposed Ordinance beService District, presented and read. Council
considered and voted on for passage at twoMember Krieg moved that the requirement that a
Council Meetings prior to the meeting at which itproposed Ordinance be considered and voted on
is to be finally passed be suspended. Seconded byfor passage at two Council Meetings prior to the
Council Member Robbins. Carried by themeeting at which it is to be finally passed be
following vote: Yeas—Mayor Duggan, Councilsuspended. Seconded by Council Member
Members Kluesner, Krieg, Nagle, Nicholson,Robbins. Carried by the following vote:
Robbins. Nays—None. Absent—CouncilYeas—Mayor Duggan, Council Members
Member Voetberg. Council Member KriegKluesner, Krieg, Nagle, Nicholson, Robbins.
moved that a Public Hearing be held on theNays—None. Absent—Council Member
proposed Ordinance on the 1st day of May, 1995,Voetberg.
at 7:00 o'clock p.m. at the Public LibraryCouncil Member Krieg moved that a Public
Auditorium and that the City Clerk be directed toHearing be held on the proposed Ordinance on the
publish notice in the manner prescribed by law. 1st day of May, 1995, at 7:00 o'clock p.m. at the
Seconded by Council Member Nagle. Carried byPublic Library Auditorium and that the City Clerk
the following vote: Yeas—Mayor Duggan,be directed to publish notice in the manner
Council Members Kluesner, Krieg, Nagle,prescribed by law. Seconded by Council Member
Nicholson, Robbins. Nays—None.Nagle. Carried by the following vote:
Absent—Council Member Voetberg.Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins.
Zoning Commission advising of their approvalNays—None. Absent—Council Member
to rezone property at Cedar Cross Road, north ofVoetberg.
Alpine Tennis Center from AG and R-3 to CS
District (Nemmers Cedar Ridge Farm LimitedZoning Commission advising of their denial to
Partnership), presented and read. Council Memberrezone property at 2966 John F. Kennedy Road
Nagle moved that the communication be receivedfrom R-1 to C-3 District (Randall Aird), presented
and filed. Seconded by Council Member Krieg. and read. Council Member Nagle moved that the
Carried by the following vote: Yeas—Mayorcommunication be received and filed. Seconded
Duggan, Council Members Kluesner, Krieg,by Council Member Nicholson. Carried by the
Nagle, Nicholson, Robbins. Nays—None.following vote: Yeas—Mayor Duggan, Council
Absent—Council Member Voetberg.Members Kluesner, Krieg, Nagle, Nicholson,
An Ordinance Amending Zoning Map byRobbins. Nays—None. Absent—Council
reclassifying property located on Cedar CrossMember Voetberg.
Road, North of Alpine Tennis Center from AGAn Ordinance amending Zoning Ordinance by
Agricultural District and R-3 Moderate Densityreclassifying property located at 2966 John F.
Multi-Family Residential District to CSKennedy Road from R-1 Single-Family
Commercial Service District, presented and read.Residential District to C-3 General Commercial
Council Member Nagle moved that theDistrict, presented and read. Council Member
requirement that a proposed Ordinance beNagle moved that a Public Hearing be held on the
considered and voted on for passage at twoproposed Ordinance on the 1st day of May, 1995,
Council Meetings prior to the meeting at which itat 7:00 o'clock p.m. at the Public Library
Regular Session, April 17, 199516
Auditorium and that the City Clerk be directed toPassed, approved and adopted this 17th day of
publish notice in the manner prescribed by law. April, 1995.
Seconded by Council Member Nicholson. CarriedTerrance M Duggan, Mayor
by the following vote: Yeas—Mayor Duggan,Attest:
Council Members Kluesner, Krieg, Nagle,Mary A Davis, City Clerk
Nicholson, Robbins. Nays—None.Council Member Nagle moved adoption of the
Absent—Council Member Voetberg.Resolution also setting it for Public Hearing on 5-
1-95 at 7:00 p.m. in the Public Library
Zoning Commission advising of their denial toAuditorium and that the City Clerk publish notice
rezone property at East end of Raven Oaks Drivein the manner prescribed by law. Seconded by
from PR Planned Residential District to R-4 Multi-Council Member Robbins. Carried by the
Family Residential District (Jeff Noack), andfollowing vote: Yeas—Mayor Duggan, Council
Communication of Jeff Noack withdrawing hisMembers Kluesner, Krieg, Nagle, Nicholson,
rezoning request on property on Raven OaksRobbins. Nays—None. Absent—Council
Drive, presented and read. Council Member KriegMember Voetberg.
moved that the communications be received and
filed and concurred with the denial. Seconded byCity Manager requesting a public hearing be set
Council Member Nagle. Carried by the followingfor granting an utility easement to Rick Donath,
vote: Yeas—Mayor Duggan, Council Memberspresented and read. Council Member Krieg moved
Kluesner, Krieg, Nagle, Nicholson, Robbins.that the communication be received and filed.
Nays—None. Absent—Council MemberSeconded by Council Member Nagle. Carried by
Voetberg.the following vote: Yeas—Mayor Duggan,
Council Members Kluesner, Krieg, Nagle,
City Manager recommending to dispose ofNicholson, Robbins. Nays—None.
property at 745 Davis Street, presented and read.Absent—Council Member Voetberg.
Council Member Nagle moved that the
communication be received and filed. Seconded
RESOLUTION NO. 141-95
by Council Member Robbins. Carried by theRESOLUTION APPROVING PLAT OF A
following vote: Yeas—Mayor Duggan, CouncilUTILITY EASEMENT ON LOT 130 OF
Members Kluesner, Krieg, Nagle, Nicholson,LENNOX ADDITION
Robbins. Nays—None. Absent—CouncilWhereas, there has been presented to the City
Member Voetberg.Council of the City of Dubuque, Iowa, a plat dated
March 21, 1995, prepared by IIW Engineers and
Surveyors, P.C. of Dubuque, Iowa describing the
RESOLUTION NO. 140-95
proposed utility easement on Lot 130 Lennox
RESOLUTION OF INTENTION TO
DISPOSE OF CITY-OWNED PROPERTYAddition; and
SPECIFICALLY, LOTS NINETY-FOURWhereas, said plat conforms to the laws and
statutes pertaining thereto.
(94), NINETY-FIVE (95) AND NINETY-SIX
(96) IN O'NEILL'S RIVERVIEWNOW, THEREFORE, BE IT RESOLVED BY
SUBDIVISION, IN THE CITY OFTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, COUNTY OF DUBUQUE,DUBUQUE, IOWA:
Section 1. That the plat dated March 21, 1995
IOWA, ACCORDING TO THE RECORDED
PLAT THEREOF - 745 DAVIS STREETprepared by IIW Engineers and Surveyors, P.C.,
Whereas, the City has received an offer torelative to the real estate hereinabove described be
purchase this property from the Dubuque Countyand the same is hereby approved, and the Mayor
Chapter of Habitat for Humanity; andand City Clerk be and they are hereby authorized
Whereas, by accepting this offer the City'sand directed to execute said plat for and on behalf
objectives of providing first-time homeownershipof the City of Dubuque, Iowa.
to moderate-income buyers and rehabilitation of anSection 2. That the City Clerk be and is hereby
abandoned home can be realized.authorized and directed to file said plat and
NOW, THEREFORE, BE IT RESOLVED BYcertified copy of this resolution in the office of the
THE CITY COUNCIL OF THE CITY OFRecorder, in and for Dubuque County, Iowa.
DUBUQUE, IOWA:Passed, approved and adopted this 17th day of
Section 1. That the City of Dubuque, IowaApril, 1995.
intends to dispose of its interest in the followingTerrance M. Duggan, Mayor
legally-described property:Attest:
Lots Ninety-four (94), Ninety-five (95) andMary A. Davis, City Clerk
Ninety-six (96), O'Neill's Riverview Subdivision,Council Member Krieg moved adoption of the
in the City of Dubuque, County of Dubuque,Resolution. Seconded by Council Member Nagle.
Iowa, according to the recorded plat thereof.Carried by the following vote: Yeas—Mayor
Section 2. That the City Council meet in theDuggan, Council Members Kluesner, Krieg,
Carnegie Stout Public Library Auditorium, 11thNagle, Nicholson, Robbins. Nays—None.
and Bluff Streets, Dubuque, Iowa at 7:00 pm onAbsent—Council Member Voetberg.
the 1st of May, 1995, for the purpose of holding a
public hearing and taking final action on theRESOLUTION NO. 142-95
disposition of the above-described real estate in theRESOLUTION OF INTENT TO DISPOSE
City of Dubuque, Iowa.OF INTEREST IN REAL PROPERTY BY
Section 3. That the City Clerk be and she is
GRANT OF EASEMENT
hereby authorized and directed to cause a notice ofWhereas, the City of Dubuque is owner of a
such public hearing and the City Council's intent toparcel, legally described as Lot 130 of Lennox
dispose of such property to be published asAddition in the City of Dubuque, Iowa; and
prescribed under Iowa Code Section 346.7.
17Regular Session, April 17, 1995
Whereas, Ricky P. Donath and Joyce E.
RESOLUTION NO. 144-95
Donath have requested a utility easement over andFIXING DATE OF HEARING ON
across the property as described on the plat; andPLANS AND SPECIFICATIONS
Whereas, the terms and conditions of thisWhereas, the City Council of the City of
easement agreement are set forth in the grant ofDubuque, Iowa has given its preliminary approval
easement and plat prepared by IIW Engineers andon the proposed plans, specifications, and form of
Surveyors, P.C. attached hereto, and incorporatedcontract and placed same on file in the office of the
herein by reference; andCity Clerk for public inspection of the 1995
Whereas, the City Council of the City ofAsphalt Paving Project.
Dubuque, Iowa, has determined that the utilityNOW THEREFORE, BE IT RESOLVED BY
easement should be approved.THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVED BYDUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OFThat on the 15th day of May, 1995, a public
DUBUQUE, IOWA:hearing will be held at 7:00 p.m. in the Public
Section 1. That the City of Dubuque intends toLibrary Auditorium at which time interested
execute a perpetual utility easement across part ofpersons may appear and be heard for or against the
Lot 130 of Lennox Addition in the City ofproposed plans and specifications, form of contract
Dubuque, Iowa.and cost of said improvement, and the City Clerk
Section 2. That the City Clerk is herebybe and is hereby directed to cause a notice of time
directed to publish notice of the date, time andand place of such hearing to be published in a
place of the Public Hearing on the proposednewspaper having general circulation in the City of
sanitary sewer easement agreement.Dubuque, Iowa, which notice shall be not less than
Passed, approved and adopted this 17th day offour days nor more than twenty days prior to the
April, 1995.day fixed for its consideration. At the hearing, any
Terrance M. Duggan, Mayorinterested person may appear and file objections to
Attest:the proposed plans, specifications, contract, or
Mary A. Davis, City Clerkestimated cost of the improvement.
Council Member Krieg moved adoption of thePassed, adopted and approved this 17th day of
Resolution setting the matter for Public Hearing onApril, 1995.
5-1-95 at 7:00 p.m. in the Public LibraryTerrance M. Duggan, Mayor
Auditorium and that the City Clerk publish noticeAttest:
in the manner prescribed by law. Seconded byMary A. Davis, City Clerk
Council Member Nagle.. Seconded by CouncilCouncil Member Nagle moved adoption of the
Member Nagle. Carried by the following vote:Resolution. Seconded by Council Member
Yeas—Mayor Duggan, Council MembersRobbins. Carried by the following vote:
Kluesner, Krieg, Nagle, Nicholson, Robbins.Yeas—Mayor Duggan, Council Members
Nays—None. Absent—Council MemberKluesner, Krieg, Nagle, Nicholson, Robbins.
Voetberg.Nays—None. Absent—Council Member
Voetberg.
City Manager submitting documents providing
for Construction of 1995 Asphalt Paving Project,RESOLUTION NO. 145-95
presented and read. Council Member Nagle
ORDERING BIDS
moved that the communication be received andNOW THEREFORE, BE IT RESOLVED BY
filed. Seconded by Council Member Robbins.THE COUNCIL OF THE CITY OF DUBUQUE,
Carried by the following vote: Yeas—MayorIOWA:
Duggan, Council Members Kluesner, Krieg,That the 1995 Asphalt Paving Project is hereby
Nagle, Nicholson, Robbins. Nays—None.ordered to be advertised for bids for construction.
Absent—Council Member Voetberg.BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid shall
RESOLUTION NO. 143-95be in an amount which shall conform to the
PRELIMINARY APPROVAL OFprovisions of the notice to bidders hereby approved
PLANS AND SPECIFICATIONSas a part of the plans and specifications heretofore
NOW THEREFORE, BE IT RESOLVED BYadopted.
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, form ofimprovements herein provided, to be published in
contract and estimated cost for the 1995 Asphalta newspaper having general circulation in the City
Paving Project, in the estimated amount ofof Dubuque, Iowa, which notice shall not be less
$928,633.31, are hereby approved and orderedthan four days nor more than twenty days prior to
filed in the office of the City Clerk for publicthe receipt of said bids at 2:00 p.m. on the 4th day
inspection.of May, 1995. Bids shall be opened and read by
Passed, adopted and approved this 17th day ofthe City Clerk at said time and will be submitted to
April, 1995.the Council for final action at 7:00 p.m. on the
Terrance M. Duggan, Mayor15th day of May, 1995.
Attest:Passed, adopted and approved this 17th day of
Mary A. Davis, City ClerkApril, 1995.
Council Member Nagle moved adoption of theTerrance M. Duggan, Mayor
Resolution. Seconded by Council MemberAttest:
Robbins. Carried by the following vote:Mary A. Davis, City Clerk
Yeas—Mayor Duggan, Council MembersCouncil Member Nagle moved adoption of the
Kluesner, Krieg, Nagle, Nicholson, Robbins.Resolution. Seconded by Council Member
Nays—None. Absent—Council MemberRobbins. Carried by the following vote:
Voetberg.Yeas—Mayor Duggan, Council Members
Regular Session, April 17, 199518
Kluesner, Krieg, Nagle, Nicholson, Robbins.Carried by the following vote: Yeas—Mayor
Nays—None. Absent—Council MemberDuggan, Council Members Kluesner, Krieg,
Voetberg.Nagle, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
City Manager submitting documents providing
for Construction of Cedar Cross Sanitary SewerRESOLUTION NO. 148-95
Extension Project, presented and read. CouncilORDERING BIDS
Member Krieg moved that the communication beNOW THEREFORE, BE IT RESOLVED BY
received and filed. Seconded by Council MemberTHE COUNCIL OF THE CITY OF DUBUQUE,
Nagle. Carried by the following vote:IOWA:
Yeas—Mayor Duggan, Council MembersThat the Cedar Cross Sanitary Sewer Extension
Kluesner, Krieg, Nagle, Nicholson, Robbins.is hereby ordered to be advertised for bids for
Nays—None. Absent—Council Memberconstruction.
Voetberg.BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid shall
be in an amount which shall conform to the
RESOLUTION NO. 146-95
PRELIMINARY APPROVAL OFprovisions of the notice to bidders hereby approved
PLANS AND SPECIFICATIONSas a part of the plans and specifications heretofore
NOW THEREFORE, BE IT RESOLVED BYadopted.
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, form ofimprovements herein provided, to be published in
contract and estimated cost for the Cedar Crossa newspaper having general circulation in the City
Sanitary Sewer Extension, in the estimated amountof Dubuque, Iowa, which notice shall not be less
of $57,424.16, are hereby approved and orderedthan four days nor more than twenty days prior to
filed in the office of the City Clerk for publicthe receipt of said bids at 2:00 p.m. on the 25th
inspection.day of April, 1995. Bids shall be opened and read
Passed, adopted and approved this 17th day ofby the City Clerk at said time and will be
April, 1995.submitted to the Council for final action at 7:00
Terrance M. Duggan, Mayorp.m. on the 1st day of May, 1995.
Attest:Passed, adopted and approved this 17th day of
Mary A. Davis, City ClerkApril, 1995.
Council Member Krieg moved adoption of theTerrance M. Duggan, Mayor
Resolution. Seconded by Council Member Nagle.Attest:
Carried by the following vote: Yeas—MayorMary A. Davis, City Clerk
Duggan, Council Members Kluesner, Krieg,Council Member Krieg moved adoption of the
Nagle, Nicholson, Robbins. Nays—None.Resolution. Seconded by Council Member Nagle.
Absent—Council Member Voetberg.Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
RESOLUTION NO. 147-95Nagle, Nicholson, Robbins. Nays—None.
FIXING DATE OF HEARING ONAbsent—Council Member Voetberg.
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City ofAt 8:33 p.m., Council Member Nagle moved to
Dubuque, Iowa has given its preliminary approvalgo into Closed Session In accordance with Chapter
on the proposed plans, specifications, and form of21.5 1.(c) To discuss strategy with counsel in
contract and placed same on file in the office of thematters where litigation is imminent where its
City Clerk for public inspection of the Cedar Crossdisclosure would be likely to prejudice or
Sanitary Sewer Extension.disadvantage the position of the governmental
NOW THEREFORE, BE IT RESOLVED BYbody in this litigation. Seconded by Council
THE CITY COUNCIL OF THE CITY OFMember Krieg. Carried by the following vote:
DUBUQUE, IOWA:Yeas—Mayor Duggan, Council Members
That on the 1st day of May, 1995, a publicKluesner, Krieg, Nagle, Nicholson, Robbins.
hearing will be held at 7:00 p.m. in the PublicNays—None. Absent—Council Member
Library Auditorium at which time interestedVoetberg.
persons may appear and be heard for or against theCouncil reconvened at 10:01 with Legal
proposed plans and specifications, form of contractCounsel being given direction.
and cost of said improvement, and the City Clerk
be and is hereby directed to cause a notice of timeThere being no further business, Council
and place of such hearing to be published in aMember Krieg moved to adjourn. Seconded by
newspaper having general circulation in the City ofCouncil Member Nagle. Carried by the following
Dubuque, Iowa, which notice shall be not less thanvote: Yeas—Mayor Duggan, Council Members
four days nor more than twenty days prior to theKluesner, Krieg, Nagle, Nicholson, Robbins.
day fixed for its consideration. At the hearing, anyNays—None. Absent—Council Member
interested person may appear and file objections toVoetberg.
the proposed plans, specifications, contract, orMeeting adjourned at 10:02.
estimated cost of the improvement.
Passed, adopted and approved this 17th day of
April, 1995.
Terrance M. Duggan, MayorMary A. Davis CMC
Attest:City Clerk
Mary A. Davis, City Clerk
Council Member Krieg moved adoption of the
Resolution. Seconded by Council Member Nagle.
19Regular Session, April 17, 1995
Approved ______________________, 1996.
Adopted _______________________, 1996.
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Mayor
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Council Members
Attest:
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City Clerk