The URL can be used to link to this page

1996 January Council ProceedingsRegular Session, January 2, 1996 referred to the Legal Staff for investigation and DUBUQUE report. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members CITY COUNCIL Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. OFFICIAL Corporation Counsel advising following PROCEEDINGS claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Property damage of Helen F. Chapman, Personal injury of Elizabeth Haas; City Council, Regular Session, January 2, Truck and Trailer Damage of Larry Kretz; 1996. Property damages of Stanley Kueter; Property Council Met at 7:00 p.m., Public Library damage, Medical Expenses of Richard A. Auditorium . Meyer, presented and read. Council Member Present: Mayor Duggan, Council Members Voetberg moved that the communications be Buol, Krieg, Michalski, Nicholson, Robbins, received and filed. Seconded by Council Voetberg, City Manager Michael Van Milligen, Member Nicholson. Carried by the following Corporation Counsel Barry A. Lindahl. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Mayor Duggan read the call and stated this Robbins, Voetberg. Nays—None. is the Regular Session of the City Council called for the purpose to act upon such Corporation Counsel recommending business which may properly come before the settlement of Car damage Claim of Peggy Council. Ernzen in amount of $193.69 and direct Finance Director to issue check, presented Invocation was given by Rev. David and read. Council Member Voetberg moved Pacholke, Chaplain of The Finley Hospital that the settlement be approved. Seconded by Council Member Nicholson. Carried by Mayor Duggan swore in the newly elected the following vote: Yeas—Mayor Duggan, Council Members: Ann Michalski representing Council Members Buol, Krieg, Michalski, At-Large; Roy Buol representing Ward #2; Nicholson, Robbins, Voetberg. Nays—None. Dirk Voetberg representing Ward #4. REFUND REQUESTED — J.J.D. Inc., Mayor Duggan swore in Dan Nicholson as $633.75 on unexpired Liquor License, Mayor Pro-Tem for the next 8 months. presented and read. Council Member Voetberg moved that the refund be approved MINUTES SUBMITTED — Community and Finance Director to issue the proper Development Commission of 3-22; 4-24; 6-14; check. Seconded by Council Member 7-12; 8-8; 9-12; 9-19; 10-17; 10-31; 11-21, Nicholson. Carried by the following vote: 11-28 & 12-19; Five Flags Commission of 12- Yeas—Mayor Duggan, Council Members 18; Housing Commission Trust Fund Buol, Krieg, Michalski, Nicholson, Robbins, Committee of 12-7; Human Rights Voetberg. Nays—None. Commission of 11-13; Park & Recreation Commission of 12-12; Transit Trustee Board Jim Stock requesting extension of 180 days of 11-9, and Proofs of Publication on printed to furnish Bond Improvements for final plat on council meetings for 11-20 & 12-4, presented portion of Oak Meadow Second Addition and and read. Council Member Voetberg moved City Manager recommending approval of that the minutes be received and filed. request, presented and read. Council Member Seconded by Council Member Nicholson. Voetberg moved that the communications be Carried by the following vote: Yeas—Mayor received and filed. Seconded by Council Duggan, Council Members Buol, Krieg, Member Nicholson. Carried by the following Michalski, Nicholson, Robbins, Voetberg. vote: Yeas—Mayor Duggan, Council Nays—None. Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. NOTICE OF CLAIMS/SUITS — Brad & Nancy Dirschel in est. amt. of $172.45 for RESOLUTION NO. 1-96 personal damages; Stephen J. Juergens in RESOLUTION RESCINDING RESOLUTION amount of $138.86 for vehicle damages; NO. 386-95 AND REAFFIRMING THE FINAL Ronald Redmond in amount of $587.00 for PLAT OF SURVEY LOTS 1 THROUGH 4 personal injuries; Dorothy Schroeder in est. INCLUSIVE AND LOT A OF BLOCK 2 OF amt. of $919.47 for backed up sewer OAK MEADOW SECOND ADDITION IN damages; Jolene Sutter in amt. of $151.52 for THE CITY OF DUBUQUE, IOWA. vehicle damages; Matthew Theisen in Whereas, there has been filed with the City unknown amount for personal injuries; Vernita Clerk a Final Plat of Survey Lots 1 through 4, Weig in amt. of $41.24 for personal damages; inclusive, and Lot A of Block 2 of Oak Meadow Walter Williams in unknown amount for Second Addition in the City of Dubuque, personal injuries and vehicle damages, Iowa; and presented and read. Council Member Voetberg moved that the claims and suits be Regular Session, January 2, 1996 Whereas, upon said final plat appearcompleted in accordance with the certain public utility and sanitary sewerimprovement plans and City standard easements which the owners by said final platspecifications and acceptance by City Council have dedicated to the public forever; andresolution. Whereas, the preliminary plat has beenSection 5. That in the event James W. and examined by the Zoning Commission and hadNancy S. Stock shall fail to execute the its approval endorsed thereon; andacceptance and furnish the guarantees Whereas, said final plat has been reviewedprovided in Section 3 hereof within 180 days by the City Planner and had her approvalafter the date of this Resolution, the provisions endorsed thereon, subject to the ownershereof shall be null and void and the agreeing to the conditions noted in Section 3acceptance of the dedication and approval the below; andplat shall not be effective. Whereas, said final plat has beenPassed, approved and adopted this 2nd examined by the City Council and they findday of January, 1996. that it conforms to the statutes and ordinancesTerrance M. Duggan, Mayor relating to it, except that no streets or publicATTEST: Mary A. Davis, City Clerk utilities have yet been constructed or installed;ACCEPTANCE OF andRESOLUTION NO. 1-96 Whereas, the City Council concurs in theWe, the undersigned, James W. Stock and conditions of approval established by theNancy S. Stock, having read the terms and Zoning Commission and the City Planner.conditions of the Resolution No. 1-96 and NOW, THEREFORE, BE IT RESOLVEDbeing familiar with the conditions thereof, BY THE CITY COUNCIL OF THE CITY OFhereby accept this same and agree to the DUBUQUE, IOWA:conditions required therein. Section 1. That Resolution No. 386-95 isDated in Dubuque, Iowa this 25th day of hereby rescinded.April, 1996. Section 2. That the dedications of theBy: /s/ James W. Stock easements for public utilities and sanitaryBy: /s/ Nancy S. Stock sewer, as they appear upon said final plat, beTo: Mary A. Davis, City Clerk and the same are hereby accepted; andThis is to certify that the necessary security Section 3. That the Final Plat of Surveyfor the foregoing Resolution No. 1-96 has Lots 1 through 4, inclusive, and Lot A of Blockbeen properly filed. 2 of Oak Meadow Second Addition is herebyDated in Dubuque, Iowa this 29th day of approved, and the Mayor and City Clerk areApril, 1996. hereby authorized and directed to endorse the/s/ Michael C. Van Milligen approval of the City of Dubuque, Iowa, uponCity Manager said final plat, provided the owners of saidCouncil Member Voetberg moved adoption property herein named, execute their writtenof the Resolution. Seconded by Council acceptance hereto attached agreeing:Member Nicholson. Carried by the following a.To reduce Deerwood Circle to grade and tovote: Yeas—Mayor Duggan, Council construct concrete curb and gutter and toMembers Buol, Krieg, Michalski, Nicholson, hard surface with asphaltic concrete, orRobbins, Voetberg. Nays—None. with concrete paving with integral curb, all in accordance with the City of DubuqueIowa DOT advising of letting an ACC standard specifications.resurfacing project on U.S. 20 within Dubuque b.To install sanitary sewer mains and sewerCounty on February 5, 1996 (Project lies service laterals into each individual unit,within the City and extends from Crescent water mains and water service laterals intoRidge Drive easterly to Devon Drive.), each individual unit and erosion controlpresented and read. Council Member devices all in accordance with the standardVoetberg moved that communication be specifications.received and filed. Seconded by Council c.To construct said improvements, prior toMember Nicholson. Carried by the following one year from the date of acceptance ofvote: Yeas—Mayor Duggan, Council this resolution, at the sole expense of theMembers Buol, Krieg, Michalski, Nicholson, owners, or future owners;Robbins, Voetberg. Nays—None. d.To maintain the public improvements, for a period of two (2) years from the date of theDubuque Metropolitan Area Solid Waste acceptance of those improvements by theAgency submitting their Resolution providing City of Dubuque, Iowa, at the sole expensefor tipping fees for the landfill for Fiscal Year of the owners, or future owners;1997 and their adopted budget for Fiscal Year And further provided that said James W.1997, presented and read. Council Member Stock and Nancy S. Stock, as owners of saidVoetberg moved that the communication be property, shall secure the performance of thereceived and filed. Seconded by Council foregoing conditions provided in this SectionMember Nicholson. Carried by the following by providing guarantees in such form and withvote: Yeas—Mayor Duggan, Council such sureties as may be acceptable to the CityMembers Buol, Krieg, Michalski, Nicholson, Manager of the City of Dubuque, Iowa.Robbins, Voetberg. Nays—None. Section 4. That final acceptance of all public improvements shall occur uponIowa DNR advising of their willingness to certification of the City Engineer to the Cityparticipate in a meeting with Couler Valley Council that public improvements have beenUrban Drainage District to discuss flooding Regular Session, January 2, 1996 problems in the Sageville drainage ditch northwith fellow citizens is hereby approved. The of Dubuque, presented and read. CouncilMayor is hereby authorized and directed to Member Voetberg moved that thesign the contract on behalf of the City of communication be received and filed.Dubuque. Seconded by Council Member Nicholson. Passed, approved and adopted this 2nd Carried by the following vote: Yeas—Mayorday of January, 1996. Duggan, Council Members Buol, Krieg,Terrance M. Duggan, Mayor Michalski, Nicholson, Robbins, Voetberg. Attest: Mary A. Davis, City Clerk Nays—None. Council Member Voetberg moved adoption of the Resolution. Seconded by Council City Manager advising of distribution ofMember Nicholson. Carried by the following DRA funds to the Community, presented andvote: Yeas—Mayor Duggan, Council read. Council Member Voetberg moved thatMembers Buol, Krieg, Michalski, Nicholson, the communication be received and filed.Robbins, Voetberg. Nays—None. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—MayorCity Manager recommending approval of Duggan, Council Members Buol, Krieg,Basic Cable Service rates for commercial Michalski, Nicholson, Robbins, Voetberg. subscribers, presented and read. Council Nays—None.Member Voetberg moved that the communication be received and filed. City Manager recommending to apply forSeconded by Council Member Nicholson. two grants totaling $29,183 to be used forCarried by the following vote: Yeas—Mayor alcohol related traffic education andDuggan, Council Members Buol, Krieg, enforcement, presented and read. CouncilMichalski, Nicholson, Robbins, Voetberg. Member Voetberg moved that theNays—None. communication be received and filed and approved recommendation. Seconded byRESOLUTION NO. 3-96 Council Member Nicholson. Carried by theRESOLUTION APPROVING AND following vote: Yeas—Mayor Duggan, CouncilGRANTING THE DECEMBER 18, 1995 Members Buol, Krieg, Michalski, Nicholson,REQUEST OF TCI OF IOWA, INC. TO Robbins, Voetberg. Nays—None.IMPLEMENT A SERIES OF NEW BASIC CABLE SERVICE RATES FOR City Manager recommending approval ofCOMMERCIAL SUBSCRIBERS IN Conflict Resolution Center, presented andDUBUQUE, IOWA read. Council Member Voetberg moved thatWHEREAS, TCI of Iowa, Inc., dba TCI the communication be received and filed. Cablevision of Dubuque, Inc. is the Grantee to Seconded by Council Member Nicholson.the Dubuque Cable Services Delivery Carried by the following vote: Yeas—MayorFranchise, Ordinance No. 42-81; and Duggan, Council Members Buol, Krieg,Whereas, a June 6, 1989 Cable Television Michalski, Nicholson, Robbins, Voetberg. Service Agreement (aka the “Rate Regulation Nays—None.Agreement”) stipulates that basic cable service subscriber rates are subject to the RESOLUTION NO. 2-96approval of the Grantor; and RESOLUTION APPROVING A CONTRACTWhereas, the Grantee’s representatives BETWEEN THE CITY OF DUBUQUE ANDhave proposed a series of new rates for THE IOWA PEACE INSTITUTE FOR THEcategories of commercial establishments PURPOSE OF DEVELOPING ANDsubscribing to basic cable service; and IMPLEMENTING A CONFLICTWhereas, the proposed new rates are RESOLUTION CENTER.consistent with, and will remain subject to, the Whereas, alternate dispute resolution canterms of the “Rate Regulation Agreement”; achieve a win-win outcome for the citizens ofand Dubuque who are engaged in a conflict; andWhereas, the proposed new rates and rate Whereas, the Dubuque Human Rightsstructure have been thoroughly reviewed and Commission has negotiated a contract withadjusted by the Cable TV Regulatory the Iowa Peace Institute for the establishmentCommission, and in final form have been and implementation of a Conflict Resolutionunanimously endorsed by the Commission; Center, which will specialize in alternateand dispute resolution for the citizens of Dubuque;Whereas, the City Council finds the andproposed rates and rate structure to be Whereas, the Dubuque Human Rightsappropriate and proportional to the increased Commission enunciates that the communityvalue of basic cable service when used by demand for such conflict resolution activitiescommercial establishments to generate is present.additional profits. NOW, THEREFORE, BE IT RESOLVEDNOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFBY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:DUBUQUE, IOWA: Section 1. That the contract between theSection 1. That the proposed rates and City of Dubuque and the Iowa Peace Instituterate structure for basic cable service when establishing the Conflict Resolution Center forused in commercial establishments are hereby the purpose of achieving a win-win outcomeapproved. for citizens of Dubuque who have conflicts Regular Session, January 2, 1996 Passed, approved and adopted this 2ndvote: Yeas—Mayor Duggan, Council day of January, 1996.Members Buol, Krieg, Michalski, Nicholson, Terrance M. Duggan, MayorRobbins, Voetberg. Nays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoptionAnn Michalski submitting her resignation of the Resolution. Seconded by Councilfrom the Housing Commission effective at Member Nicholson. Carried by the followingclose of Housing Commission meeting held on vote: Yeas—Mayor Duggan, CouncilDecember 12, 1995, presented and read. Members Buol, Krieg, Michalski, Nicholson,Council Member Voetberg moved that the Robbins, Voetberg. Nays—None.communication be received and filed and resignation accepted. Seconded by Council Housing Commission requestingMember Nicholson. Carried by the following confirmation of Bea Bisenius being appointedvote: Yeas—Mayor Duggan, Council to Housing Commission Trust Fund AdvisoryMembers Buol, Krieg, Michalski, Nicholson, Committee, presented and read. CouncilRobbins, Voetberg. Nays—None. Member Voetberg moved that the communication be received and filed andCity Manager requesting City Council approved. Seconded by Council Membersupport for Journalism Award Nomination and Nicholson. Carried by the following vote:authorize Mayor to execute, presented and Yeas—Mayor Duggan, Council Membersread. Council Member Voetberg moved that Buol, Krieg, Michalski, Nicholson, Robbins,the communication be received and filed and Voetberg. Nays—None.approved execution. Seconded by Council Member Nicholson. Carried by the following City Manager recommending approval ofvote: Yeas—Mayor Duggan, Council Supplement #28 to the Code of Ordinances,Members Buol, Krieg, Michalski, Nicholson, presented and read. Council MemberRobbins, Voetberg. Nays—None. Voetberg moved that the communication be received and filed. Seconded by CouncilCity Manager advising of forwarding Member Nicholson. Carried by the followingcomments to our local legislators regarding vote: Yeas—Mayor Duggan, CouncilTelecom Bill Conference Issue, presented and Members Buol, Krieg, Michalski, Nicholson,read. Council Member Voetberg moved that Robbins, Voetberg. Nays—None.the communication be received and filed. Seconded by Council Member Nicholson. RESOLUTION NO. 4-95Carried by the following vote: Yeas—Mayor ADOPTING SUPPLEMENT NO. 28 TO THEDuggan, Council Members Buol, Krieg, CODE OF ORDINANCES OF THE CITY OFMichalski, Nicholson, Robbins, Voetberg. DUBUQUE, IOWANays—None. Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34-RESOLUTION NO. 5-96 89, readopted the Code of Ordinances of theNOW, THEREFORE, BE IT RESOLVED City of Dubuque, Iowa for ordinances adoptedBY THE CITY COUNCIL OF THE CITY OF up to and including December 19, 1988; andDUBUQUE, IOWA: Whereas, since December 19, 1988 theThat the following having complied with the City Council of the City of Dubuque, Iowa hasprovisions of law relating to the sale adopted certain ordinances amending theof Cigarettes within the City of Dubuque, Iowa, Code of Ordinances and said amendmentsbe granted a permit to sell Cigarettes and have been printed as supplements to the CodeCigarette Papers within said City. of Ordinances; andJD,BS & SW LTDHOOLIGAN'S SPORT Whereas, Section 380.8 of the Code ofBAR & GRILL2600 DODGE ST. Ordinances provides that supplements, byPassed, approved and adopted this 2nd resolution, become part of the Code ofday of January, 1996. Ordinances.Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVEDAttest: Mary A. Davis, City Clerk BY THE CITY COUNCIL OF THE CITY OFCouncil Member Voetberg moved adoption DUBUQUE, IOWA:of the Resolution. Seconded by Council Section 1. That Supplement No. 28 of theMember Nicholson. Carried by the following Code of Ordinances of the City of Dubuque,vote: Yeas—Mayor Duggan, Council Iowa, covering Ordinances through OrdinanceMembers Buol, Krieg, Michalski, Nicholson, No. 64-95 enacted through October 16, 1995Robbins, Voetberg. Nays—None. and prepared by the Sterling Codifers, Inc., Weiser, ID hereto filed in the Office of the CityRESOLUTION NO. 6-96 Clerk of the City of Dubuque, Iowa be and isWhereas, applications for Beer Permits hereby adopted and becomes part of the Codehave been submitted and filed to this Council of Ordinances of the City of Dubuque, Iowa.for approval and the same have been Passed, approved and adopted this 2ndexamined and approved; and day of January, 1996.Whereas, the premises to be occupied by Terrance M. Duggan, Mayorsuch applicants were inspected and found to Attest: Mary A. Davis, City Clerkcomply with the Ordinances of this City and Council Member Voetberg moved adoptionhave filed proper bonds. of the Resolution. Seconded by Council Member Nicholson. Carried by the following Regular Session, January 2, 1996 NOW, THEREFORE, BE IT RESOLVEDcontacted her and were unable to be in BY THE CITY COUNCIL OF THE CITY OFattendance at this Council Meeting but wanted DUBUQUE, IOWA:to be considered for appointment. That the Manager be authorized to cause to be issued the following named applicants aCOUNCIL MEMBERS APPOINTMENTS TO Beer Permit.VARIOUS BOARDS: CLASS "C" BEER PERMIT Iowa Oil Co. IOCO Speede ShoppeCOUNTY RESOURCE ENHANCEMENT +(Sunday Sales)3200 Central PROTECTION ACT (REAP) COMMITTEE: Passed, approved and adopted this 2nd Council Member Voetberg moved that day of January, 1996Council Member Robbins be appointed to that Terrance M. Duggan, MayorCommittee. Seconded by Council Member Attest: Mary A Davis, City ClerkNicholson. Carried by the following vote: Council Member Voetberg moved adoptionYeas—Mayor Duggan, Council Members of the Resolution. Seconded by CouncilBuol, Krieg, Michalski, Nicholson, Robbins, Member Nicholson. Carried by the followingVoetberg. Nays—None. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson,DUBUQUE IN-FUTURO: Robbins, Voetberg. Nays—None. Council Member Voetberg moved that Council Member Michalski be appointed to RESOLUTION NO. 7-96that Board. Seconded by Council Member Whereas, applications for Liquor LicensesNicholson. Carried by the following vote: have been submitted to this Council forYeas—Mayor Duggan, Council Members approval and the same have been examinedBuol, Krieg, Michalski, Nicholson, Robbins, and approved; andVoetberg. Nays—None. Whereas, the premises to be occupied by such applicants were inspected and found toDUBUQUE RACING ASSN. (DRA): comply with the State Laws and all CityCouncil Member Voetberg moved that Ordinances relevant thereto and they haveCouncil Members Buol and Voetberg be filed proper bonds.appointed, also Mayor Duggan and City NOW, THEREFORE, BE IT RESOLVEDManager Van Milligen. Seconded by Council BY THE CITY COUNCIL OF THE CITY OFMember Nicholson. Carried by the following DUBUQUE, IOWA:vote: Yeas—Mayor Duggan, Council That the Manager be authorized to cause toMembers Buol, Krieg, Michalski, Nicholson, be issued the following named applicantsRobbins, Voetberg. Nays—None. a Liquor License. CLASS "B"(HOTEL/MOTEL) BEERFOUR MOUNDS: & LIQUOR LICENSECouncil Member Krieg moved that Council WCB Hotels, Inc.Hoffman House/3100Member Michalski be appointed. Seconded Club+(Sunday Sales)3100 Dodgeby Council Member Robbins. Carried by the Passed, approved and adopted this 2ndfollowing vote: Yeas—Mayor Duggan, Council day of January, 1996.Members Buol, Krieg, Michalski, Nicholson, Terrance M. Duggan, MayorRobbins, Voetberg. Nays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoptionMETROPOLITAN SOLID WASTE AGENCY: of the Resolution. Seconded by CouncilCouncil Member Voetberg moved that Member Nicholson. Carried by the followingCouncil Member Michalski and Robbins be vote: Yeas—Mayor Duggan, Councilappointed. Seconded by Council Member Members Buol, Krieg, Michalski, Nicholson,Nicholson. Carried by the following vote: Robbins, Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, BOARDS AND COMMISSIONSVoetberg. Nays—None. HUMAN RIGHTS COMMISSION: COMMUNITY BASED TASK FORCE ON Applicants Thomas Determan, JamesGANGS, DRUGS AND YOUTH VIOLENCE: Noonan, Ruby Sutton, Diane Tekippe toCouncil Member Nicholson moved that address the Council regarding theirCouncil Member Buol be appointed. appointment. Mr. Determan, Mr. Noonan,Seconded by Council Member Robbins. Mrs. Sutton and Ms. Tekippe spokeCarried by the following vote: Yeas—Mayor requesting appointment.Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. ZONING: Nays—None. Applicants Jim Corbett, Wm. Gasper, Norbert Laufenburg, Don Lochner, MichaelOPERATION: NEW VIEW: Ruden, P. Keith Shearer and Gregory Yoko to Council Member Voetberg moved that address the Council regarding theirCouncil Member Nicholson be reappointed appointment. and Council Member Robbins appointed. Mr. Lochner, Mr. Ruden, and Mr. YokoSeconded by Council Member Michalski. spoke requesting appointment. Carried by the following vote: Yeas—Mayor Planning Services Manager CarstensDuggan, Council Members Buol, Krieg, stated Mr. Gasper & Mr. Shearer had Regular Session, January 2, 1996 Michalski, Nicholson, Robbins, Voetberg. There being no further business, Council Nays—None.Member Voetberg moved to adjourn the meeting. Seconded by Council Member Krieg. RESOLUTION NO. 8-96Carried by the following vote: Yeas—Mayor Whereas, applications for Liquor LicensesDuggan, Council Members Buol, Krieg, have been submitted to this Council forMichalski, Nicholson, Robbins, Voetberg. approval and the same have been examinedNays—None. The meeting adjourned at 8:47. and approved; and Whereas, the premises to be occupied byMary A. Davis CMC such applicants were inspected and found toCity Clerk comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. Approved ______________________, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Adopted _______________________, 1997. That the Manager be authorized to cause to be issued the following named applicants a Liquor License. ___________________________________ CLASS "C" (COMMERCIAL) Mayor BEER & LIQUOR LICENSE Dubuque County Historical Soc. Ryan House +(Sunday Sales)1375 Locust St. ___________________________________ Passed, approved and adopted this 2nd day of January, 1996. ___________________________________ Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Nicholson moved adoption ___________________________________ of the Resolution subject to issuance of restaurant license. Seconded by Council Member Robbins. Carried by the following ___________________________________ vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, ___________________________________ Robbins, Voetberg. Nays—None. City Manager recommending approval of a ___________________________________ ten (10) year lease with Finley Hospital for a Council Members portion of City land to be used for a Health Education Center and set hearing for January Attest: 15, 1996, presented and read. Council Member Voetberg moved that the communication be received and filed and ___________________________________ approved setting for Public Hearing on 1-15- City Clerk 96 at 7:00 p.m. in the Public Library Auditorium and directed the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 7:34 p.m., Council Member Voetberg moved to go into Closed Session In Accordance with Chapter 21.5 1.(c) 1995 Code of Iowa to discuss strategy with counsel in matter that are presently in litigation AND Chapter 21.5 1.(j) to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 8:46 p.m. Council reconvened Regular Session with statement that staff had been given direction. Regular Session, January 2, 1996 Regular Session, January 15, 1996 DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Regular Quarterly Board of Health, Monday, January 15, 1996 Board met at 6:55 p.m., Public Library Auditorium Approved , 1997 Present: Chairperson Duggan, Board Members Buol, Michalski, Robbins, Voetberg. Adopted , 1997 Absent:Board Members Krieg, Nicholson. Chairperson Duggan read the call and stated this is the Regular Quarterly meeting of the Board of Health called for the purpose to Chairperson act upon such business which may properly come before the Board. The Visiting Nurses Association (VNA) submitted their quarterly report, presented and read. Board Member Voetberg moved that the communication be received and filed. Seconded by Board Member Robbins. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Buol, Michalski, Robbins, Voetberg. Nays—None. Absent—Board Members Krieg, Nicholson.. Board Members There being no further business, Board Attest: Member Voetberg moved to adjourn the meeting. Seconded by Board Member Robbins. Carried by the following vote: Yeas—Chairperson Duggan, Board Members Secretary, Board of Health Buol, Michalski, Robbins, Voetberg. Nays—None. Absent—Board Members Krieg, Nicholson. The meeting adjourned at 6:56 p.m. Mary A. Davis CMC Secretary, Board of Health Regular Session, January 15, 1996 expense of Dorothy M. Schroeder; Personal injuries of Matthew Theisen; Personal injury and car damage of Walter Williams, presented DUBUQUE and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Robbins. CITY COUNCIL Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. OFFICIAL Nays—None. PROCEEDINGS Corporation Counsel recommending denial of car damage claim of Jolene R. Sutter, City Council, Regular Session, January 15, presented and read. Council Member 1996 Voetberg moved that the communication be Council Met at 7:00 p.m., Public Library received and filed and approved denial. Auditorium Seconded by Council Member Robbins. Present: Mayor Duggan, Council Members Carried by the following vote: Yeas—Mayor Buol, Krieg, Michalski, Nicholson, Robbins, Duggan, Council Members Buol, Krieg, Voetberg, City Manager Michael Van Milligen, Michalski, Nicholson, Robbins, Voetberg. Corporation Counsel Barry A. Lindahl. Nays—None. Mayor Duggan read the call and stated this Corporation Counsel recommending settle- is the Regular Session of the City Council ments of vehicle damage of Stephen J. called for the purpose to act upon such Juergens in amount of $138.86 and Property business which may properly come before the damage of Vernita Weig in amount of $24.24 Council. and recommending Finance Director issue check and submit claims to ICAP for Invocation was given by Rev. Nancy Bickel, reimbursement, presented and read. Council Minister of Church Life, First Congregational Member Voetberg moved that the United Church of Christ. communication be received and filed and approved settlement. Seconded by Council MINUTES SUBMITTED — Civil Service Member Robbins. Carried by the following Commission of 10-25-95; Housing Code vote: Yeas—Mayor Duggan, Council Members Appeals Board of 11-21; Park & Recreation Buol, Krieg, Michalski, Nicholson, Robbins, Commission of 1-9; Zoning Advisory Voetberg. Nays—None. Commission of 1-3; Convention & Visitors Bureau submitting their quarterly report; REFUND REQUESTED — Laredo's Inc. Finance Director submitting financial reports $211.25 on unexpired Liquor License, for December, 1995; Proof of Publication presented and read. Council Member certified to by the Publisher, on List of Claims Voetberg moved that the refund be approved for month ending November, 1995; Proof of and the Finance Director to issue a proper Publication, certified to by the Publisher, on check. Seconded by Council Member printed Council proceedings for meeting of 12- Robbins. Carried by the following vote: 18-95, presented and read. Council Member Yeas—Mayor Duggan, Council Members Voetberg moved that the minutes, reports and Buol, Krieg, Michalski, Nicholson, Robbins, proofs be received and filed. Seconded by Voetberg. Nays—None. Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Dee Diederichs submitting her resignation Members Buol, Krieg, Michalski, Nicholson, from the Library Board of Trustees effective Robbins, Voetberg. Nays—None. December 31, 1995, presented and read. Council Member Voetberg moved that the NOTICES OF CLAIMS/SUITS — L. Peter resignation be accepted with regret. Alt in estimated amount of $4,500.00 for Seconded by Council Member Robbins. vehicle damages; Maxine Biedermann in Carried by the following vote: Yeas—Mayor estimated amount of $293.12 for vehicle Duggan, Council Members Buol, Krieg, damages; Joleen Leib in unknown amount for Michalski, Nicholson, Robbins, Voetberg. personal injuries; Mary K. Miller in amount of Nays—None. $49.00 for vehicle damages, presented and read. Council Member Voetberg moved that Zoning Advisory Commission advising of the claims and suits be referred to the Legal their approval of final plat of Avenarius Place, Staff for investigation and report. Seconded presented and read. Council Member by Council Member Robbins. Carried by the Voetberg moved that the communication be following vote: Yeas—Mayor Duggan, Council received and filed. Seconded by Council Members Buol, Krieg, Michalski, Nicholson, Member Robbins. Carried by the following Robbins, Voetberg. Nays—None. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Corporation Counsel advising following Robbins, Voetberg. Nays—None. claims have been referred to Crawford & Company, the agent for the Iowa Communities RESOLUTION NO. 9-96 Assurance Pool: Personal injury of Ronald Redmond; Property damage & Plumbing Regular Session, January 15, 1996 RESOLUTION APPROVING THE FINALCity Manager requesting Council consent PLAT OF LOTS 1 AND 2 OF AVENARIUSthat he be allowed to designate a voting PLACE (IDEAL LANE) IN THE CITY OFrepresentative to the E911 Service Board DUBUQUE, IOWA.when unable to attend a meeting, presented Whereas, there has been filed with the Cityand read. Council Member Voetberg moved Clerk a final plat of Lots 1 and 2 of Avenariusthat the communication be received and filed Place (Ideal Lane) in the City of Dubuque,and approved request. Seconded by Council Iowa ; andMember Robbins. Carried by the following Whereas, said final plat has been reviewedvote: Yeas—Mayor Duggan, Council by the Zoning Advisory Commission and hadMembers Buol, Krieg, Michalski, Nicholson, its approval endorsed thereon noting that 50Robbins, Voetberg. Nays—None. feet of frontage, instead of the standard widthCity Manager recommending remaining of 60 feet, will be acceptable because Ideal$3,500 of monies for child care provider mini- Lane right-of-way is 50 feet; andgrants be used for training the providers, Whereas, said plat has been examined bypresented and read. Council Member the City Council and they find that it conformsVoetberg moved that the communication be to the statutes and ordinances relating to it.received and filed. Seconded by Council NOW THEREFORE, BE IT RESOLVEDMember Robbins. Carried by the following BY THE CITY COUNCIL OF THE CITY OFvote: Yeas—Mayor Duggan, Council DUBUQUE, IOWA:Members Buol, Krieg, Michalski, Nicholson, Section 1. That the final plat of Lots 1 andRobbins, Voetberg. Nays—None. 2 of Avenarius Place (Ideal Lane) in the City of Dubuque, Iowa, is hereby approved and theRESOLUTION NO. 10-96 Mayor and City Clerk are hereby authorizedRESOLUTION AUTHORIZING and directed to endorse the approval of theAMENDMENT OF THE AGREEMENT WITH City of Dubuque upon said plat.PROJECT CONCERN/PHONE-A-FRIEND Passed, approved and adopted this 15thFOR THE ADMINISTRATION AND day of January, 1996.IMPLEMENTATION OF THE CHILD CARE Terrance M. Duggan, MayorTRAINING PROGRAM Attest: Mary A. Davis, City ClerkWhereas, neighborhood representatives, Council Member Voetberg moved adoptioncommunity advocates and social service of the Resolution. Seconded by Councilproviders agree that the lack of appropriate Member Robbins. Carried by the followingchild care training limits the availability of vote: Yeas—Mayor Duggan, Councilaffordable quality child care opportunities to Members Buol, Krieg, Michalski, Nicholson,Dubuque's low and moderate income Robbins, Voetberg. Nays—None.residents; and Whereas, the Child Care Initiative Task January 8, 1996Force ("Task Force"), a volunteer citizen Honorable Mayor and Members of the Citygroup, has proposed the development of a Councilnew Child Care Training Program in support In accordance with the Rules andof local efforts to provide quality child care in Regulations established by the Civil Servicenew and existing child care facilities; and Commission on May 11, 1994, we do herebyWhereas, Project Concern/Phone-A- certify that the following have successfullyFriend, the lead agency for Child Care passed the require exams and have attainedResource and Referral, has agreed to the necessary certification for the position ofadminister and implement the Training “Medical Officer” within the Fire Department.Program as a part of the Child Care Initiative Michael ElliottThomas LudescherGrant Program approved by the City of Respectfully submittedDubuque, Iowa, on May 16, 1994, and /s/ Tom Rawson, Chairpersonamended on November 6, 1995; and /s/ John H. Markham Whereas, an Agreement a form of which is /s/ James N. Feehanhereto attached and by this reference made a Civil Service Commissionpart hereof, is to be executed by and between Council Member Voetberg moved that thethe City of Dubuque and Project certification of the Civil Service CommissionConcern/Phone-A-Friend. be made a matter of record. Seconded byNOW, THEREFORE, BE IT RESOLVED Council Member Robbins. Carried by theBY THE CITY COUNCIL OF THE CITY OF following vote: Yeas—Mayor Duggan, CouncilDUBUQUE, IOWA: Members Buol, Krieg, Michalski, Nicholson,Section 1. That the Mayor and City Clerk Robbins, Voetberg. Nays—None.be and they are hereby authorized and directed to execute, on behalf of the City of City Manager advising of support forDubuque, Iowa, the attached Agreement YWCA Battered Women Program as theyAmendment with Project Concern/Phone-A- apply for grants this year, presented and read.Friend for the administration and Council Member Voetberg moved that theimplementation of the Child Care Training communication be received and filed andProgram. approved. Seconded by Council MemberSection 2. That the City Manager be and Robbins. Carried by the following vote:he is hereby authorized to disburse funds from Yeas—Mayor Duggan, Council Membersthe Community Development Block Grant Buol, Krieg, Michalski, Nicholson, Robbins,(CDBG) entitlement fund in accordance with Voetberg. Nays—None. Regular Session, January 15, 1996 the terms and conditions of the amendedMembers Buol, Krieg, Michalski, Nicholson, Agreement.Robbins, Voetberg. Nays—None. Passed, approved and adopted this 15th day of January, 1996.City Manager recommending additional Terrance M. Duggan, Mayorallocation of funds to Modesta Elderness Attest: Mary A. Davis, City ClerkCenter, presented and read. Council Member Council Member Voetberg moved adoptionVoetberg moved that the communication be of the Resolution. Seconded by Councilreceived and filed. Seconded by Council Member Robbins. Carried by the followingMember Robbins. Carried by the following vote: Yeas—Mayor Duggan, Councilvote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson,Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None.Robbins, Voetberg. Nays—None. City Manager recommending approval of anRESOLUTION NO. 12-96 Expanded and Amended Contract for theRESOLUTION APPROVING A SERVICE Industrial Park Development Feasibility Study,AGREEMENT BETWEEN THE CITY OF presented and read. Council MemberDUBUQUE AND MODESTA ELDERNESS Voetberg moved that the communication beCENTER AND AUTHORIZING AND received and filed. Seconded by CouncilDIRECTING THE CITY MANAGER TO Member Robbins. Carried by the followingEXECUTE SAID AGREEMENT ON BEHALF vote: Yeas—Mayor Duggan, CouncilOF THE CITY OF DUBUQUE, IOWA Members Buol, Krieg, Michalski, Nicholson,Whereas, the City of Dubuque, Iowa, has Robbins, Voetberg. Nays—None. negotiated with Modesta Elderness Center for the establishment of a senior citizen center; RESOLUTION NO. 11-96and RESOLUTION APPROVING AN EXPANDEDWhereas, the terms and conditions under SCOPE OF WORK FOR THE INDUSTRIALwhich Modesta Elderness Center will provide PARK DEVELOPMENT FEASIBILITYthe above-described facility as set forth in an STUDY AND AUTHORIZING THE CITYAgreement, a copy of which is hereto attached MANAGER TO EXECUTE AN AMENDEDand by this reference made a part hereof; and CONTRACT FOR SAID STUDY WITHWhereas, the activities as delineated in the YAGGY COLBY ASSOCIATESAgreement comply with the primary objectives Whereas, the City of Dubuque, Iowa, hasof the Housing and Community Development identified the need for industrial developmentAct of 1974, as amended, and comply with sites as a top community priority; andone or more of the "National Objectives." Whereas, the City of Dubuque, Iowa,NOW, THEREFORE, BE IT RESOLVED continues to work in partnership with theBY THE CITY COUNCIL OF THE CITY OF private sector to provide economicDUBUQUE, IOWA: development opportunities in the community;Section 1. That the attached Agreement by andand between the City of Dubuque, Iowa, and Whereas, an expanded scope of work forthe Modesta Elderness Center, be and the the Industrial Park Development Feasibilitysame is hereby approved. Study is necessary to include the analysis ofSection 2. That the City Manager be and six sites plus the airport property to identifyhe is hereby authorized and directed to and evaluate potential industrial park sites;execute said Agreement for and on behalf of andthe City of Dubuque, Iowa. Whereas, Yaggy Colby Associates ofPassed, approved and adopted this 15th Mason City, Iowa, and Rochester, Minnesota,day of January, 1996. has been hired to complete the Industrial ParkTerrance M. Duggan, Mayor Feasibility Study.Attest: Mary A. Davis, City Clerk NOW, THEREFORE, BE IT RESOLVEDCouncil Member Voetberg moved adoption BY THE CITY COUNCIL OF THE CITY OFof the Resolution. Seconded by Council DUBUQUE, IOWA:Member Robbins. Carried by the following Section 1. That an expanded scope ofvote: Yeas—Mayor Duggan, Council work for the previously approved IndustrialMembers Buol, Krieg, Michalski, Nicholson, Park Development Feasibility Study for theRobbins, Voetberg. Nays—None. City of Dubuque is hereby approved. Section 2. That the City Manager is herebyFamily Resource Center requesting funding authorized to execute, on behalf of the Cityfor a cellular phone unit and funds associated Council of the City of Dubuque, Iowa, anwith additional charges involved, presented amended contract with Yaggy Colbyand read. Council Member Voetberg moved Associates for consultant services not tothat the request be referred to the City exceed $40,000.Manager. Seconded by Council Member Passed, approved and adopted this 15thRobbins. Carried by the following vote: day of January, 1996.Yeas—Mayor Duggan, Council Members Terrance M. Duggan, MayorBuol, Krieg, Michalski, Nicholson, Robbins, Attest: Mary A. Davis, City ClerkVoetberg. Nays—None. Council Member Voetberg moved adoption of the Resolution. Seconded by CouncilCity Manager recommending approval of Member Robbins. Carried by the followingtransfer of jurisdiction agreement with IDOT vote: Yeas—Mayor Duggan, Councilfor streets in the City limits, presented and Regular Session, January 15, 1996 read. Council Member Voetberg moved thatCouncil Member Voetberg moved that the the communication be received and filed. communication be received and filed. Seconded by Council Member Robbins. Seconded by Council Member Robbins. Carried by the following vote: Yeas—MayorCarried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg,Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Michalski, Nicholson, Robbins, Voetberg. Nays—None.Nays—None. RESOLUTION NO. 13-96RESOLUTION NO. 14-96 RESOLUTION APPROVING TRANSFER OFA RESOLUTION ACCEPTING A JURISDICTION AGREEMENT WITH THECONVEYANCE OF PROPERTY AT 1077 IOWA DEPARTMENT OFMILLER ROAD TO THE CITY OF TRANSPORTATION RELATING TO U.S.DUBUQUE HIGHWAY 52 (NORTHBOUND) ON 11THWhereas, the City of Dubuque entered into STREET EXTENDING FROM THEan Acquisition Agreement with Steven F. and SOUTHBOUND U.S. 61 OFF-RAMP TOElizabeth A. Thor, dated April 18, 1995, WHITE STREET; ON WHITE STREETpursuant to which Steven F. and Elizabeth A. EXTENDING FROM 11TH STREET TOThor agreed to convey property to be known 21ST STREET; AND ON 21ST STREETas Lot 2-1-1, Lot 1-2-1, Lot 1-3-1, Lot 2-2-2-1, EXTENDING FROM WHITE STREET TOLot 2-2-3-1, Lot 1-2 and Lot 2-2-2 all of CENTRAL AVENUEMineral Lot 514 in the City of Dubuque, Iowa Whereas, the Iowa Department ofto the City of Dubuque, located at 1077 Miller Transportation is proposing to accept portionsRoad; of U.S. 52 (northbound) on 11th Street fromWhereas, Steven F. and Elizabeth A. Thor the south U.S. 61 off-ramp to White Street;have executed a warranty deed to the City for White Street from 11th Street to 21st Street,said property. and 21st Street from White Street to CentralNOW, THEREFORE, BE IT RESOLVED Avenue, a total length of approximately 0.90BY THE CITY COUNCIL OF THE CITY OF miles as part of the State Primary RoadDUBUQUE, IOWA: System; andSection 1. The City Council of the City of Whereas; the Iowa Department ofDubuque, Iowa hereby approves of, accepts Transportation has prepared and submitted toand consents to said Warranty Deed from the City Council for approval, a Transfer ofSteven F. and Elizabeth A. Thor,, copies of Jurisdiction Agreement relating to the transferwhich are attached hereto, as required by Iowa of said portions of U.S. 52 northbound to theCode Section 569.7. State; andSection 2. That the City Clerk be and is Whereas, the City Council of the City ofhereby authorized and directed to file a copy of Dubuque, Iowa approves the terms andthis resolution in the office of the Recorder in conditions of said Transfer Agreement.and for Dubuque County, Iowa. NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 15th BY THE CITY COUNCIL OF THE CITY OFday of January, 1996. DUBUQUE, IOWA:Terrance M. Duggan, Mayor Section 1. That Agreement No. 96-TJ-001Attest: Mary A. Davis, City Clerk consisting of the Transfer of JurisdictionCouncil Member Voetberg moved adoption Agreement with the Iowa Department ofof the Resolution. Seconded by Council Transportation for portions of U.S. 52Member Robbins. Carried by the following (northbound) on 11th Street from thevote: Yeas—Mayor Duggan, Council southbound U.S. 61 off-ramp to White Street;Members Buol, Krieg, Michalski, Nicholson, White Street from 11th Street to 21st Street;Robbins, Voetberg. Nays—None. and 21st Street from White Street to Central Avenue be approved.City Manager recommending extension of Section 2. That the Mayor be authorizedtwo (2) leases as requested by Dubuque River and directed to execute two copies of theTerminals, Inc., presented and read. Council Transfer of Jurisdiction Agreement andMember Voetberg moved that this be referred forward the executed copies to the Iowato the City Manager for input and tabled until Department of Transportation for their2-5-96 Council Meeting. Seconded by approval.Council Member Michalski. Carried by the Passed, approved and adopted this 15thfollowing vote: Yeas—Mayor Duggan, Council day of January, 1996.Members Buol, Krieg, Michalski, Nicholson, Terrance M. Duggan, MayorRobbins, Voetberg. Nays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoptionRESOLUTION NO. 15-96 of the Resolution. Seconded by CouncilWhereas, applications for Beer Permits Member Robbins. Carried by the followinghave been submitted and filed to this Council vote: Yeas—Mayor Duggan, Councilfor approval and the same have been Members Buol, Krieg, Michalski, Nicholson,examined and approved; and Robbins, Voetberg. Nays—None.Whereas, the premises to be occupied by such applicants were inspected and found to City Manager recommending to acceptcomply with the Ordinances of this City and property for right-of-way along Kellyhave filed proper bonds. Lane/Miller Road, presented and read. Regular Session, January 15, 1996 NOW, THEREFORE, BE IT RESOLVEDand James Noonan appointed and Ruby BY THE CITY COUNCIL OF THE CITY OFSutton reappointed to terms expiring 1-1-99. DUBUQUE, IOWA: That the Manager be authorized to cause toZONING BOARD OF ADJUSTMENT - be issued the following named applicants aThree unexpired terms. Applicants: Jim Beer Permit.Corbett, William Gasper, Don Lochner, CLASS"C" BEER PERMITMichael Ruden, P. Keith Shearer and Gregory George E. WaddellYoko. Iowa Potato & Produce Hse +(Sunday Sales)Vote on the 3-25-2000 term was as follows: 2600 DodgeMayor Duggan voted for Ruden. Council Passed, approved and adopted this 15thMember Buol voted for Ruden. Council day of January, 1996.Member Krieg voted for Ruden. Council Terrance M. Duggan, MayorMember Michalski voted for Ruden. Council Attest: Mary A Davis, City ClerkMember Nicholson voted for Ruden. Council Council Member Voetberg moved adoptionMember Robbins voted for Ruden. Council of the Resolution. Seconded by CouncilMember Voetberg voted for Ruden. Member Robbins. Carried by the followingTherefore Michael Ruden (Architect) was vote: Yeas—Mayor Duggan, Councilappointed to the Zoning Board of Adjustment Members Buol, Krieg, Michalski, Nicholson,for the term to expire 3-25-2000. Robbins, Voetberg. Nays—None.Vote on the term to expire 3-25-1999: Mayor Duggan voted for Yoko. Council RESOLUTION NO. 16-96Member Buol voted for Yoko. Council Whereas, applications for Liquor LicensesMember Krieg voted for Gasper. Council have been submitted to this Council forMember Michalski voted for Gasper. Council approval and the same have been examinedMember Nicholson voted for Shearer. and approved; andCouncil Member Robbins voted for Shearer. Whereas, the premises to be occupied byCouncil Member Voetberg voted for Gasper. such applicants were inspected and found to comply with the State Laws and all CityThere being no majority vote, a second vote Ordinances relevant thereto and they havewas taken for this term. Mayor Duggan voted filed proper bonds.for Yoko. Council Member Buol voted for NOW, THEREFORE, BE IT RESOLVEDYoko. Council Member Krieg voted for BY THE CITY COUNCIL OF THE CITY OFGasper. Council Member Michalski voted for DUBUQUE, IOWA:Gasper. Council Member Nicholson voted for That the Manager be authorized to cause toGasper. Council Member Robbins voted for be issued the following named applicantsGasper. Council Member Voetberg for a Liquor License.Gasper. Therefore, Wm. Gasper (retired) CLASS "C" (COMMERCIAL)was appointed to the Zoning Board of BEER & LIQUOR LICENSEAdjustment for a term that will expire 3-25-99. Phillip R. Love The Lounge Vote on the term to expire 3-25-1997: +(Sunday Sales)481 Locust StMayor Duggan voted for Yoko. Council Passed, approved and adopted this 15thMember Buol voted for Yoko. Council day of January, 1996.Member Krieg voted for Yoko. Council Terrance M. Duggan, MayorMember Michalski voted for Yoko. Council Attest: Mary A. Davis, City ClerkMember Nicholson voted for Shearer. Council Member Voetberg moved adoptionCouncil Member Robbins voted for Shearer. of the Resolution. Seconded by CouncilCouncil Member Voetberg voted for Yoko. Member Robbins. Carried by the followingTherefore, Gregory Yoko (communications) vote: Yeas—Mayor Duggan, Couniil Membersappointed to the Zoning Board of Adjustment Buol, Krieg, Michalski, Nicholson, Robbins,for a term to expire 3-25-1997. Voetberg. Nays—None. Council Member Robbins moved that the BOARDS AND COMMISSIONSrules be suspended to allow anyone present to address the Council if they so desire. HUMAN RIGHTS COMMISSION - Seconded by Council Member Nicholson. Three 3-year terms which will expire 1-1-Carried by the following vote: Yeas—Mayor 99. Applicants: Thomas Determan, JamesDuggan, Council Members Buol, Krieg, Noonan, Ruby Sutton and Diane Tekippe. Michalski, Nicholson, Robbins, Voetberg. Vote on the motion was as follows: MayorNays—None. Duggan voted for Noonan, Sutton, and Tekippe. Council Member Buol voted forProof of publication certified to by the Determan, Noonan and Sutton. CouncilPublisher on Notice of Public Hearing to Member Krieg voted for Determan, Noonanconsider a ten year lease between the City and and Sutton. Council Member Michalski votedthe Finley Hospital for Lot 25 of Finley Home for Determan, Noonan and Sutton. CouncilAddition, and City Manager recommending Member Nicholson voted for Noonan, Suttonapproval of 10 year lease, presented and read. and Tekippe. Council Member Robbins voted Council Member Robbins moved that the for Determan, Noonan and Sutton. Councilproof and communication be received and Member Voetberg voted for Determan, Suttonfiled. Seconded by Council Member and Tekippe. Therefore, Thomas DetermanNicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Regular Session, January 15, 1996 Buol, Krieg, Michalski, Nicholson, Robbins,AN ORDINANCE AMENDING APPENDIX Voetberg. Nays—None.A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF RESOLUTION NO. 17-96ORDINANCES, BY RECLASSIFYING RESOLUTION APPROVING LEASE OF AHEREINAFTER DESCRIBED PORTION OF LOT 25 OF THE FINLEYPROPERTY LOCATED ADJACENT TO HOME ADDITION TO THE FINLEY602 PERU ROAD FROM R-3 HOSPITAL FOR THE FINLEY HEALTHMODERATE DENSITY MULTI-FAMILY EDUCATION CENTERRESIDENTIAL DISTRICT TO LI LIGHT Whereas, published notice of date, time,INDUSTRIAL DISTRICT. and place of a public hearing, published in theNOW, THEREFORE, BE IT ORDAINED Telegraph Herald, a newspaper of generalBY THE CITY COUNCIL OF THE CITY OF circulation published in the City of Dubuque,DUBUQUE, IOWA: Iowa, on the 5th day of January, 1996, the CitySection 1. That Appendix A (the Zoning Council of the City of Dubuque, Iowa met onOrdinance) of the City of Dubuque Code of the 15th day of January, 1996, at 7:00 p.m., inOrdinances is hereby amended by the Public Library Auditorium, Eleventh andreclassifying the hereinafter described Locust Streets, Dubuque, Iowa, to considerproperty from R-3 Moderate Density Multi- the lease of certain real property as set forth inFamily Residential District to LI Light Industrial the Lease Agreement between the City ofDistrict, to wit: Dubuque and The Finley Hospital, a copy ofLot 1 of Survey Plat of Haberkorn Place being which is attached hereto and incorporateda Division of Lots 1, 3 and 6 of Jacob Collins herein by reference; andSubdivision, and to the center line of the Whereas, the City Council of the City ofadjoining public right-of-way, all in the City of Dubuque, Iowa, overruled any and allDubuque, Iowa. objections, oral or written, to the leaseSection 2. The foregoing amendment has agreement;heretofore been reviewed by the Zoning NOW THEREFORE, BE IT RESOLVEDCommission of the City of Dubuque, Iowa. BY THE CITY COUNCIL OF THE CITY OFSection 3. This ordinance shall take effect DUBUQUE, IOWA:immediately upon publication, as provided by Section 1. The Lease Agreement betweenlaw. the City of Dubuque and The Finley HealthPassed, approved and adopted this 15th Education Center, a copy of which is attachedday of January, 1996. hereto, is hereby approved.Terrance M. Duggan, Mayor Section 2. The City Manager is authorizedAttest: Mary A. Davis, City Clerk and directed to execute the Lease AgreementPublished officially in the Telegraph Herald on behalf of the City of Dubuque. newspaper this 22nd day of January, 1996. Passed, approved and adopted this 15th 1t 1/22Mary A. Davis CMC, City Clerk day of January, 1996. Council Member Voetberg moved final Terrance M. Duggan, Mayor consideration and passage of the Ordinance. Attest: Mary A. Davis, City Clerk Seconded by Council Member Nicholson. Council Member Robbins moved adoption Carried by the following vote: Yeas—Mayor of the Resolution. Seconded by Council Duggan, Council Members Buol, Krieg, Member Council Member Nicholson. Carried Michalski, Nicholson, Robbins, Voetberg. by the following vote: Yeas—Mayor Duggan, Nays—None. Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Proof of publication certified to by the Publisher on Notice of Public Hearing to Proof of publication certified to by the consider reclassifying property located at 3425 Publisher on Notice of Public Hearing to Pennsylvania Avenue from R-4 to OS District, consider reclassifying property near 602 Peru presented and read. Council Member Road from R-3 to LI District, presented and Voetberg moved that the proof be received read. Council Member Voetberg moved that and filed. Seconded by Council Member the communication be received and filed.Nicholson. Carried by the following vote: Seconded by Council Member Nicholson.Yeas—Mayor Duggan, Council Members Carried by the following vote: Yeas—MayorBuol, Krieg, Michalski, Nicholson, Robbins, Duggan, Council Members Buol, Krieg,Voetberg. Nays—None. Michalski, Nicholson, Robbins, Voetberg. Nays—None.An Ordinance Amending Zoning Map by reclassifying property located at 3425 An Ordinance Amending Zoning Map byPennsylvania Avenue from R-4 Multi-Family reclassifying property located adjacent to 602Residential District to OS Office Service Peru Road from R-3 Moderate Density Multi-District, said Ordinance having been Family Residential District to LI Light Industrialpresented and read at the Council Meeting of District, said Ordinance having been December 18, 1995, now presented for final presented and read at the Council Meeting of action. December 18, 1995, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 2-96 (OFFICIAL PUBLICATION) AN ORDINANCE AMENDING APPENDIX A ORDINANCE NO. 1-96 (THE ZONING ORDINANCE) OF THE CITY Regular Session, January 15, 1996 OF DUBUQUE CODE OF ORDINANCES,OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTERBY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ATDESCRIBED PROPERTY LOCATED AT 3425 PENNSYLVANIA AVENUE FROM R-411376 NORTH CASCADE ROAD FROM AG MULTI-FAMILY RESIDENTIAL DISTRICTAGRICULTURAL DISTRICT TO R-3 TO OS OFFICE SERVICE DISTRICT.MODERATE DENSITY MULTI-FAMILY NOW, THEREFORE, BE IT ORDAINEDRESIDENTIAL DISTRICT. BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT ORDAINED DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF Section 1. That Appendix A (the ZoningDUBUQUE, IOWA: Ordinance) of the City of Dubuque Code ofSection 1. That Appendix A (the Zoning Ordinances is hereby amended byOrdinance) of the City of Dubuque Code of reclassifying the hereinafter describedOrdinances is hereby amended by property from R-4 Multi-Family Residentialreclassifying the hereinafter described District to OS Office Service District, to wit:property from AG Agricultural District to R-3 The E 80 feet of the West 130 feet of Lot 2Moderate Density Multi-Family Residential of Lot 2 of the SE 1/4 of the SE 1/4 ofDistrict, to wit: Section 21 Township 89 North, Range 2Lots 1 of 1 and Lot 2 of Ohmerts Hilltop East of the 5th P.M., and to the center lineFarms, and to the center line of the of the adjoining public right-of-way, all inadjoining public right-of-way, all in the City the City of Dubuque, Iowa.of Dubuque, Iowa. Section 2. The foregoing amendment hasSection 2. The foregoing amendment has heretofore been reviewed by the Zoningheretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa.Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effectSection 3. This ordinance shall take effect immediately upon publication, as provided byimmediately upon publication, as provided by law.law. Passed, approved and adopted this 15thPassed, approved and adopted this 15th day of January, 1996.day of January, 1996. Terrance M. Duggan, MayorTerrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkAttest: Mary A. Davis, City Clerk Published officially in the Telegraph HeraldPublished officially in the Telegraph Herald newspaper this 22nd day of January, 1996.newspaper this 22nd day of January, 1996. 1t 1/22Mary A. Davis, CMC, City Clerk1t 1/22Mary A. Davis CMC, City Clerk Council Member Voetberg moved finalCouncil Member Voetberg moved final consideration and passage of the Ordinance.consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Seconded by Council Member Robbins. Carried by the following vote: Yeas—MayorCarried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg,Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Michalski, Nicholson, Robbins, Voetberg. Nays—None.Nays—None. Proof of publication certified to by theProof of publication certified to by the Publisher on Notice of Public Hearing toPublisher on Notice of Public Hearing to consider reclassifying property at 11376 Northconsider reclassifying property North of Cascade Road (Happy Tails Kennel) from AGAsbury Road and West of the NW Arterial to R-3 District, presented and read. Councilfrom AG and C-3 Districts to PUD District, Member Voetberg moved that thepresented and read. Council Member communication be received and filed.Voetberg moved that the communication be Seconded by Council Member Robbins. received and filed. Seconded by Council Carried by the following vote: Yeas—MayorMember Nicholson. Carried by the following Duggan, Council Members Buol, Krieg,vote: Yeas—Mayor Duggan, Council Members Michalski, Nicholson, Robbins, Voetberg. Buol, Krieg, Michalski, Nicholson, Robbins, Nays—None.Voetberg. Nays—None. Marty McNamer requested approval ofPat Friedman, agent for Corey proposed rezoning. Development Corp., Wendell Corey, Brenda Steinwater, representing LETNA properties, An Ordinance Amending Zoning Map byEldon Digman representing LETNA reclassifying property located at 11376 Northproperties, Steve Hormann, of the Chamber of Cascade Road from AG Agricultural District toCommerce spoke to Council endorsing R-3 Moderate Density Multi-Family Residentialrezoning. Brian Kane representing Fischer District, said Ordinance having beenCo. and Mary Ellen Neumeister expressed presented and read at the Council Meeting ofconcern for access onto NW Arterial. December 18, 1995, now presented for final action. An Ordinance Amending Zoning Map by reclassifying property located North of Asbury (OFFICIAL PUBLICATION)Road and West of the Northwest Arterial ORDINANCE NO. 3-96(HWY 32) from AG Agricultural and C-3 AN ORDINANCE AMENDING APPENDIX AGeneral commercial District to PUD Planned (THE ZONING ORDINANCE) OF THE CITYUnit Development District with a PC Planned Regular Session, January 15, 1996 Commercial District Designation and adoptingd) Drive-in/Carry-out restaurant [28] a Conceptual Development Plan, withe) General offices [14] conditions, said Ordinance having beenf) Indoor Recreation [37] presented and read at the Council Meeting ofg) Outdoor Recreation [37] December 18, 1995, now presented for finalh) Auto sales and service [38] action. I) Auto service centers [34] 2. Accessory uses shall include any use (OFFICIAL PUBLICATION)customarily incidental and subordinate to the ORDINANCE NO. 4-6principal use it serves. AN ORDINANCE AMENDING APPENDIX A3. Temporary uses shall be limited to the (THE ZONING ORDINANCE) OF THE CITYfollowing: OF DUBUQUE CODE OF ORDINANCES BYAny use listed as a permitted use within the RECLASSIFYING HEREINAFTERPUD District of a limited duration as DESCRIBED PROPERTY LOCATEDestablished in Section 2-5.3 and as defined in NORTH OF ASBURY ROAD AND WEST OFSection 8 of the City of Dubuque Zoning THE NORTHWEST ARTERIAL (HWY 32)Ordinance. FROM AG AGRICULTURAL AND C-3[ ] Parking group—see Section 4-2 of the GENERAL COMMERCIAL DISTRICT TOZoning Ordinance. PUD PLANNED UNIT DEVELOPMENTB. Lot and Bulk Regulations. DISTRICT WITH A PC PLANNEDDevelopment of land in the PUD District shall COMMERCIAL DISTRICT DESIGNATIONbe regulated as follows: AND ADOPTING A CONCEPTUAL1. All shopping center buildings, structures DEVELOPMENT PLAN, WITHand activities shall be developed in CONDITIONS.conformance with the attached conceptual NOW, THEREFORE, BE IT ORDAINEDdevelopment plan and all final site BY THE CITY COUNCIL OF THE CITY OFdevelopment plans shall be approved in DUBUQUE, IOWA:accordance with provisions of the PUD Section 1. Appendix A (the ZoningDistrict regulations of this ordinance and of Ordinance) of the City of Dubuque Code ofSection 3-5.5 of the Zoning Ordinance. Ordinances is hereby amended by2. All shopping center buildings and structures reclassifying the hereinafter describedshall be limited to a maximum height of 40 property from AG Agricultural and C-3feet. General Commercial District to PUD Planned3. All buildings and structures located on Unit Development District with a PC Plannedoutlots shall be developed in compliance with Commercial designation and adopting athe bulk regulations of the C-3 General conceptual development plan, a copy of whichCommercial District, except maximum height, is attached to and made a part hereof, withas established in Section 3-3.3 of the Zoning conditions as stated below, to wit:Ordinance. Subdivision of Lot 2 of E ½ of SE 1/4 of4. All buildings and structures located on Sec. 17, Lot 2 of Lot 2 of Lot 1 of Lot 1 of Eoutlots shall be limited to a maximum height of ½ of SE 1/4 of Sec. 17, Lot 1 of Lot 1 of25 feet. Lot 2 of Lot 1 of Lot 1 of E ½ of SE 1/4 ofC. Performance Standards. Sec. 17, Lot 2 of Lot 1 of Lot 2 of Lot 1 ofThe development and maintenance of uses in Lot 1 of E ½ of SE 1/4 of Sec. 17, Lot 3 ofthis PUD District shall be established in Lot 2 of Lot 2 of E ½ of SW 1/4 of Sec. 16,conformance with Section 3-5.5 of the Zoning Lot 1 of Lot 1 of Lot 1 of Lot 1 of NW 1/4 ofOrdinance and the following standards: SW 1/4 of Sec. 16, Lot 3 of Lot 1 of Lot 11. Final site development plans shall be of Lot 1 of NW 1/4 of SW 1/4 of Sec. 16,submitted in accordance with Section 4-4 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of NW 1/4 ofthe Zoning Ordinance. All major site SW 1/4 of Sec. 16, Lot 2 of Lot 2 of Lot 2development plans shall be reviewed and of NW 1/4 of SW 1/4 and Lot 2 of Lot 1 ofapproved by the Zoning Commission prior to Lot 3 of NW 1/4 of SW 1/4 of Sec. 16,construction. The Commission shall approve T89N, R2E, 5th P.M. to the center line ofthe submitted site development plans if they the adjoining public right-of-way, all in theare determined to be in substantial City of Dubuque, Iowa.conformance with the approved conceptual Section 2. Pursuant to Iowa Code Sectionplan. 414.5, and as an express condition of the2. Sidewalks shall be placed four (4) feet reclassification, the undersigned propertybehind the curb parallel to the street on all owner agrees to the following conditions, all ofpublic street frontages and constructed in which the property owner further agrees areaccordance with City standards. Additional reasonable and imposed to satisfy the publicsidewalks shall be provided as indicated on needs that are caused directly by the zoningapproved conceptual plan. reclassification:3. The Conceptual Development Plan shall A.Use Regulations.serve as the preliminary plat for this PUD The following regulations shall apply to allDistrict. Final subdivision plats and uses made of land in the above describedimprovements plans shall be submitted in PUD District:accordance with Chapter 42 of the City of 1.Principal permitted uses shall be limited to:Dubuque Code of Ordinances. a) Regional shopping center4. Lighting shall be provided per City b) Retail Sales/Service [17]standards with parking lot light standards c) Indoor restaurant [20]limited to a maximum height of 30 feet. Regular Session, January 15, 1996 5. Parking requirements for the shoppingb) Each outlot parcel shall be allowed one (1) center shall be one space per 200 square feetfreestanding sign, limited to 100 square feet in of gross leasable area accessible to thesize and a maximum height of 25 feet. general public.4. Directional signs will be allowed as 6. Parking requirements for businessespermitted by C-3 General Commercial District located on outlots shall be as per the parkingsign regulations. group for the designated use or in accordanceF. Additional Standards. with Section 4-2 of the Zoning Ordinance.1) That access to the Northwest Arterial (Hwy D. Open Space and Landscaping32) and Asbury Road shall be limited to the Open space and landscaping in the PUDaccesses shown on the conceptual plan. District shall be regulated as follows:Request for additional accesses shall require 1. Landscape berms or plantings shall besubmittal of an amended conceptual plan and required as screening for parking areasmust be approved by the Zoning Commission adjacent to the Northwest Arterial (Hwy 32)and City Council in accordance with Section and Asbury Road. Screening shall be a3-5.5 and Section 6 of the Zoning Ordinance. minimum of three (3) feet in height and can2) The conceptual development plan shall be utilize natural grade changes to achieve thevalid for a period of five (5) years provided a desired effect.final site development plan is submitted within 2. Trees shall be provided in all parking lotthree (3) years from the date of approval. islands which are of sufficient size to ensure3) That if development of the area designated the growth and survival of the planted trees."future development" on the Conceptual 3. A detailed landscape plan shall be requiredDevelopment Plan for the Asbury Plaza as part of submittal for final site developmentShopping Center becomes feasible prior to plan approval. This landscape plan shall beissuance of any building permits to Corey reviewed and approved by the ZoningDevelopment, Ltd., then the original plan shall Commission.be re-instated providing for two accesses, the 4. A buffer of Techny Arborvitae planted 5 feetsouth access being restricted to right-in/right- on center and a minimum of 5 feet in height atout. planting shall be required along the westIf development of the area designated "future property line to screen the service area fromdevelopment" becomes feasible after issuance the adjacent cemetery.of any building permits to Corey Development 5. Those areas not designated on theLtd., an amended Conceptual Development conceptual development plan for developmentPlan for only the "future development" area shall be maintained as open space, as definedshall be submitted for review and approval by by Section 8 of the Zoning Ordinance by thethe Zoning Advisory Commission and the City property owner and/or association.Council. E. Sign Regulations.G. Transfer of Ownership On-premise signage shall be provided in Transfer of ownership or lease of property in compliance with the following:this PUD District shall include in the transfer 1. Center Identification signage: One (1)or lease agreement a provision that the center identification sign located along thepurchaser or lessee acknowledges awareness Northwest Arterial (Hwy 32) frontage. Thisof the conditions authorizing the establishment sign shall be a ground-mounted sign aof the district. maximum of twelve (12) feet high and twenty-H. Reclassification of Subject Property. five (25) feet long. The City of Dubuque, Iowa, may initiate 2. Tenant Identification signage: zoning reclassification proceedings to the a) Two (2) tenant identification signs. EachDistrict in accordance with Section 6 of the sign shall be a ground-mounted sign aZoning Ordinance if the property owner(s) maximum of thirty-five (35) feet high andfail(s) to complete or maintain any of the twelve (12) feet wide. Multiple tenants can beconditions of this ordinance. displayed on these signs with square footageI. Modifications. to be allocated by the developer.Any modifications of this Ordinance must be b) Wall-mounted signage for tenantsapproved by the City Council in accordance occupying greater than 30,000 square feet ofwith zoning reclassification proceedings of leased area shall be allowed one (1) sign perSection 6 of the Zoning Ordinance. street frontage. The total square footage ofJ. Recording. wall-mounted signs will be based on 20% ofA copy of this ordinance shall be recorded at the front building wall area.the expense of the property owner(s) with the c) Wall-mounted signage for tenantsDubuque County Recorder as a permanent occupying less than 30,000 square feet ofrecord of the conditions accepted as part of leased area shall be allowed one (1) sign perthis reclassification approval. This ordinance street frontage. The total square footage ofshall be binding upon the undersigned and wall-mounted signs will be based on 10% ofhis/her heirs, successors and assigns. the front building wall area.Section 3. The foregoing amendment has 3. Outlot signage: heretofore been reviewed by the Zoning a) Each outlot parcel shall be allowed wall-Commission of the City of Dubuque, Iowa. mounted signage as per the C-3 GeneralSection 4. The foregoing amendment shall Commercial District sign regulations. Thetake affect upon publication, as provided by maximum number of signs per business is twolaw. (2) signs.Passed, approved and adopted this 15th day of January, 1996. Regular Session, January 15, 1996 Terrance M. Duggan, Mayorcommunication be received and filed and ATTEST: Mary A. Davis, City Clerkapproved recommendation. Seconded by ACCEPTANCE OFCouncil Member Michalski. Carried by the ORDINANCE NO. 4-96following vote: Yeas—Mayor Duggan, Council I, Wendell Corey, property owner, havingMembers Buol, Krieg, Michalski, Robbins, read the terms and conditions of the foregoingVoetberg. Nays—None. Absent—Council Ordinance No. 4-96 and being familiar with theMember Nicholson. conditions thereof, hereby accept the same and agree to the conditions required therein.Council Member Nicholson returned to the Dated this 16th day of April, 1996.Chambers at 9:18 p.m. By /s/ Wendell W. Corey, Corey Development, Ltd.City Manager recommending changes to Published officially in the Telegraph Heraldthe Community Partnership Program (cp2), presented and read. Council Member newspaper this 29th day of January, 1996 Nicholson moved that the communication be 1t 1/26Mary A. Davis CMC, City Clerk received and filed. Seconded by Council Council Member Voetberg moved final Member Buol. Carried by the following vote: consideration and passage of the Ordinance Yeas—Mayor Duggan, Council Members with the following amendment: "That we Buol, Krieg, Michalski, Nicholson, Robbins, approve the Site plan submitted this evening with the proviso that if the section markedVoetberg. Nays—None. ‘Future Development’ is in fact developed in the future by Mr. Corey, that the original planRESOLUTION NO. 18-96 be reinstated.” Seconded by Council MemberRESOLUTION AMENDING THE Nicholson. Carried by the followingGUIDELINES OF THE COMMUNITY vote:Yeas—Mayor Duggan, Council MembersPARTNERSHIP PROGRAM (CP2) Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, under the provisions of Title I of Voetberg. Nays—None.the Housing and Community Development Act of 1974, as amended, the City of Dubuque, Greater Dubuque DevelopmentIowa, has received Community Development Corporation's Executive Director, RickBlock Grant (CDBG) funds for the Dickinson, requesting to present a verbaldevelopment and maintenance of a viable urban community through the provision of status report which includes progress on City decent housing, a suitable living environment projects, presented and read. and expanded economic opportunities for its residents, particularly those persons of low Mr. Dickinson spoke giving a report. and moderate income; and Whereas, the Community Partnership City Manager submitting two (2) proposals Program (cp2) was developed in Fiscal Year for use of Petrakis Field (one by the 1992 in response to the national goals and Northwoods League "Mud Puppies" and one objectives of the CDBG Program and is by Dubuque Professional Baseball) and designed to encourage, on a local level, new requesting direction on which team to contract and innovative private and non-profit efforts to with for the use of Petrakis Field, presented improve the livability of the community for all and read. Council Member Nicholson moved citizens; and that the communication be received and filed Whereas, the Community Development and recommend that the "Mud Puppies" be Commission has reviewed the proposed chosen. Seconded by Council Member changes and recommends their adoption; and Robbins. Carried by the following vote: Whereas, the guidelines for the Yeas—Mayor Duggan, Council Members implementation and administration of the Buol, Krieg, Michalski, Nicholson, Robbins. Community Partnership Program (cp2) have Nays—Council Member Voetberg. been amended to better respond to the needs of the community and have been presented Tara Roskopp requesting the issuance of before the City Council for consideration. a tatoo license for her business at 1814 Central Ave. presented and read. TaraNOW, THEREFORE, BE IT RESOLVED Roskopp spoke giving specifics of herBY THE CITY COUNCIL OF THE CITY OF request. DUBUQUE, IOWA: Council Member Nicholson moved that thisSection 1. That the amended Community matter referred to the City Manager. Partnership Program (cp2) Guidelines, as Seconded by Council Member Robbins. presented, are approved and adopted. Carried by the following vote: Yeas—MayorSection 2. That the City Manager be and is Duggan, Council Members Buol, Krieg,hereby authorized to implement and Michalski, Nicholson, Robbins, Voetberg. administer the Community Partnership Nays—None.Program (cp2) in accordance with the terms and conditions of the amended and approved guidelines. Council Member Nicholson left the Passed, approved and adopted this 15th Chambers at 9:16 p.m. day of January, 1996. Terrance M. Duggan, Mayor City Manager recommending participation Attest: Mary A. Davis, City Clerk to the Tri-State Health C.A.R.E. Coalition at a Council Member Nicholson moved adoption cost of $10,000, presented and read. of the Resolution. Seconded by Council Council Member Krieg moved that this Regular Session, January 15, 1996 Member Buol. Carried by the following vote:filing of the final plat and schedule of Yeas—Mayor Duggan, Council Membersassessments with the County Treasurer. Buol, Krieg, Michalski, Nicholson, Robbins,Unless said assessments are paid in full Voetberg. Nays—None.within said thirty day period all unpaid assessments will draw annual interest Council Member Michalski stated that shecomputed at 12 percent (commencing on the is going on record as not agreeing with thedate of the acceptance of the work) computed City Manager regarding matching funds forto the December 1st next following the due non-profit organizations.dates of the respective installments. Each installment will be delinquent on September City Manager submitting final assessments30th following its due date on July 1st in each for 1995 Sidewalk Repair Program, presentedyear. Property owners may elect to pay any and read. moved that the communication beannual installment semiannually in advance. received and filed. Seconded by CouncilThat the City Clerk be and is hereby Member Nicholson. Carried by the followingdirected to certify said schedule to the County vote: Yeas—Council Members Buol, Krieg,Treasurer of Dubuque County, Iowa, and to Michalski, Nicholson, Robbins, Voetberg. publish notice of said certification once each Nays—None. Abstain—Mayor Duggan.week for two consecutive weeks in the manner provided in Section 362.3, the first publication RESOLUTION NO. 19-96of which shall be not more than fifteen days A RESOLUTION ADOPTING THE FINALfrom the date of filing of the final schedule. ASSESSMENT SCHEDULE FOR 1995The City Clerk shall also send by certified mail SIDEWALK REPAIRS INCLUDINGto property owners whose property is subject CERTAIN INFORMATION REQUIRED BYto assessment a copy of said notice, and THE CODE OF IOWA, SPECIFICALLY, THEmailing to be on or before the date of the NUMBER OF ANNUAL INSTALLMENTSsecond publication of the notice, all as INTO WHICH ASSESSMENTS AREprovided and directed by Section 384.60 of the DIVIDED, THE INTEREST ON ALL UNPAIDCode of Iowa. INSTALLMENTS, THE TIME WHEN THEPassed, approved and adopted this 15th ASSESSMENTS ARE PAYABLE ANDday of January, 1996. DIRECTING THE CLERK TO CERTIFY THETerrance M. Duggan, Mayor FINAL SCHEDULE AND TO PUBLISHAttest: Mary A. Davis, City Clerk NOTICE THEREOF.Council Member Voetberg moved adoption NOW THEREFORE, BE IT RESOLVEDof the Resolution. Seconded by Council BY THE CITY COUNCIL OF THE CITY OFMember Nicholson. Carried by the following DUBUQUE, IOWA:vote: Yeas—Council Members Buol, Krieg, That after full consideration of the finalMichalski, Nicholson, Robbins, Voetberg. schedule of assessments and accompanyingNays—None. Abstain—Mayor Duggan. plat showing the assessments proposed to be made for the 1995 Sidewalk Repairs which final plat and schedule were filed in the officeCity Manager recommending approval of of the City Clerk on the 10th day of January,loan from CDBG Program for property at 1715 1996, that said schedule of assessments beCentral Ave., presented and read. Council and the same is hereby approved andMember Voetberg moved that the adopted.communication be received and filed. That there be, and is hereby assessed andSeconded by Council Member Nicholson. levied as a special tax against and upon eachCarried by the following vote: Yeas—Mayor of the lots, the respective sums indicated.Duggan, Council Members Buol, Krieg, Provided further, that the amounts shown inMichalski, Nicholson, Robbins, Voetberg. said final schedule of assessments asNays—None. deficiencies are found to be proper and levied conditionally against the respective propertiesRESOLUTION NO. 20-96 benefitted by the improvements as shown inRESOLUTION AUTHORIZING A LETTER the schedule, subject to the provisions ofOF COMMITMENT AND ADDITIONAL Section 384.,63, Code of Iowa. SaidACTIONS CONCERNING A assessments against said lots are herebyCOMMERCIAL/INDUSTRIAL BUILDING declared to be in proportion to the specialREHABILITATION LOAN FOR 1715 benefits conferred and not in excess ofCENTRAL AVENUE twenty-five percent of the value of the same.Whereas, the City of Dubuque, Iowa, has Assessments of $100.00 or more arecreated a Commercial/Industrial Building payable in 5 equal annual installments, withRehabilitation Loan Program for the purpose interest on the unpaid balance, all as providedof stimulating reinvestment in the City's low in Section 384.65 City Code of Iowa.and moderate income areas; and Conditional deficiency assessments, if any,Whereas, the City of Dubuque, Iowa, is may be levied against the applicable propertyencouraging the use of this loan program to for the same period of years as thefinance exterior rehabilitation and code assessments are made payable.compliance activities; and Assessments may be paid in full or in partWhereas, David Welu, owner of property at without interest at the office of the County1715 Central Avenue, has presented a loan Treasurer, at any time within 30 days after theapplication for rehabilitation of said property date of the first publication of this notice of the Regular Session, January 15, 1996 which meets the requirements of this program;read. Council Member Voetberg moved that andthe requirement that a proposed Ordinance be Whereas, a commitment letter, heretoconsidered and voted on for passage at two attached and by this reference made a partCouncil Meetings prior to the meeting at which hereof, sets forth the terms and conditions ofit is to be finally passed be suspended. Mr. Welu's participation in theSeconded by Council Member Nicholson. Commercial/Industrial Building RehabilitationCarried by the following vote: Yeas—Mayor Loan Program.Duggan, Council Members Buol, Krieg, NOW, THEREFORE, BE IT RESOLVEDMichalski, Nicholson, Robbins, Voetberg. BY THE CITY COUNCIL OF THE CITY OFNays—None. Council Member Voetberg DUBUQUE, IOWA:moved that a Public Hearing be held on the Section 1. That the application of Davidproposed Ordinance on the 5th day of Welu for participation in theFebruary, 1996, at 7:00 o'clock p.m. at the Commercial/Industrial Building RehabilitationPublic Library Auditorium and that the City Loan Program is hereby accepted andClerk be directed to publish notice in the approved.manner prescribed by law. Seconded by Section 2. That the Mayor is herebyCouncil Member Nicholson. Carried by the authorized to execute on behalf or the Cityfollowing vote: Yeas—Mayor Duggan, Council Council of the City of Dubuque, Iowa theMembers Buol, Krieg, Michalski, Nicholson, attached Commitment Letter and to forwardRobbins, Voetberg. Nays—None. said letter to Mr. Welu for review and approval. Section 3. That the City Manager is herebyZoning Advisory Commission advising of directed to prepare, upon receipt of anthe denial to reclassify property at 2571 J. F. executed Commitment Letter from Mr. Welu,Kennedy Road from OR to C-2 District as the necessary loan documents in accordancerequested by Michael J. Koch, presented and with the terms and conditions set forth in saidread. Council Member Nicholson moved that Commitment Letter.the communication be received and filed. Section 4. That the City Manager is herebySeconded by Council Member Robbins. authorized to execute, on behalf of the CityCarried by the following vote: Yeas—Mayor Council of the City of Dubuque, Iowa, allDuggan, Council Members Krieg, Michalski, necessary loan documents and is furtherNicholson, Robbins. Nays—Council authorized to disburse loan funds from theMembers Buol, Voetberg. Commercial/Industrial Building Rehabilitation Loan Program, in accordance with the termsAn Ordinance Amending Zoning Map by and conditions of the executed agreement.reclassifying property located at 2571 J. F. Passed, approved and adopted this 15thKennedy Road from OR Office Residential day of January, 1996.District to C-2 Neighborhood Shopping Center Terrance M. Duggan, MayorDistrict, presented and read. Council Attest: Mary A. Davis, City ClerkMember Nicholson moved that this be the first Council Member Voetberg moved adoptionreading only of the Ordinance and that a of the Resolution. Seconded by CouncilPublic Hearing be held on the proposed Member Nicholson. Carried by the followingOrdinance on the 5th day of February, 1996, vote: Yeas—Mayor Duggan, Councilat 7:00 o'clock p.m. at the Public Library Members Buol, Krieg, Michalski, Nicholson,Auditorium and that the City Clerk be directed Robbins, Voetberg. Nays—None.to publish notice in the manner prescribed by law. Seconded by Council Member Robbins. City Manager presented the Fiscal Year Carried by the following vote: Yeas—Mayor 1997 Budget.Duggan, Council Members Krieg, Michalski, Council Member Voetberg moved that theNicholson, Robbins. Nays—Council documents be received and filed. SecondedMembers Buol, Voetberg. by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan,City Manager submitting documents Council Members Buol, Krieg, Michalski,providing for construction of Continuous Nicholson, Robbins, Voetberg. Nays—None.Emissions Monitoring System for the Water Pollution Control Plant Sludge Burners project, Zoning Advisory Commission advising ofpresented and read. their approval of text amendment to ZoningCouncil Member Voetberg moved that the Ordinance providing for appointments tocommunication be received and filed. Airport Zoning Board of Adjustment,Seconded by Council Member Nicholson. presented and read. Council MemberCarried by the following vote: Yeas—Mayor Voetberg moved that the communication beDuggan, Council Members Buol, Krieg, received and filed. Seconded by CouncilMichalski, Nicholson, Robbins, Voetberg. Member Nicholson. Carried by the followingNays—None. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson,RESOLUTION NO. 21-96 Robbins, Voetberg. Nays—None.PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS An Ordinance Amending Zoning OrdinanceWhereas, the proposed plans, providing for the appointment of members ofspecifications and form of contract for the the Zoning Board of Adjustment to the AirportContinuous Emissions Monitoring System at Zoning Board of Adjustment, presented andthe Water Pollution Control Plant in the Regular Session, January 15, 1996 estimated amount of $75,000 have beenPlant is hereby ordered to be advertised for prepared by Strand Associates, Inc., underbids for construction. the direction of the City.Section 2. That the amount of the security NOW THEREFORE, BE IT RESOLVEDto accompany each bid shall be in an amount BY THE CITY COUNCIL OF THE CITY OFwhich shall conform to the provisions of the DUBUQUE, IOWA:notice to bidders hereby approved as part of Section 1. The proposed plans,the plans and specifications heretofore specifications, and form of contract areadopted. approved and ordered filed in the office of theSection 3. That the City Clerk is hereby City Clerk for public inspection.directed to advertise for bids for the Passed, approved and adopted this 15thconstruction of the improvements herein day of January, 1996.provided to be published in a newspaper Terrance M. Duggan, Mayorhaving general circulation in the City of Attest: Mary A. Davis, City ClerkDubuque, Iowa, which notice shall not be less Council Member Voetberg moved adoptionthan four days nor more than twenty days prior of the Resolution. Seconded by Councilto the receipt of said bids at 2:00 p.m. on the Member Nicholson. Carried by the following30th day of January, 1996. Bids shall be vote: Yeas—Mayor Duggan, Council Membersopened and read by the City Clerk at said time Buol, Krieg, Michalski, Nicholson, Robbins,and will be submitted to the Council for final Voetberg. Nays—None.action at 7:00 p.m. on the 5th day of February, 1994. RESOLUTION NO. 22-96Passed, approved and adopted this 15th FIXING DATE OF HEARING ON PLANSday of January, 1996. AND SPECIFICATIONSTerrance M. Duggan, Mayor Whereas, the City Council of the City ofAttest: Mary A. Davis, City Clerk Dubuque, Iowa, has given its preliminaryCouncil Member Voetberg moved adoption approval of the proposed plans, specifications,of the Resolution. Seconded by Council and form of contract and placed same on fileMember Nicholson. Carried by the following in the office of the City Clerk for thevote: Yeas—Mayor Duggan, Council Continuous Emissions Monitoring System atMembers Buol, Krieg, Michalski, Nicholson, the Water Pollution Control Plant.Robbins, Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCity Manager submitting documents DUBUQUE, IOWA:providing for construction of Kennedy/Bonson Section 1. That on the 5th day of February,Rd. Sanitary Interceptor Sewer Extension 1996, a public hearing will be held at 7:00 p.m.project, presented and read. Council in the Public Library Auditorium at which timeMember Krieg moved that the communication interested persons may appear and be heardbe received and filed. Seconded by Council for or against the proposed plans andMember Robbins. Carried by the following specifications, form of contract and cost ofvote: Yeas—Mayor Duggan, Council said improvement, and the City Clerk be andMembers Buol, Krieg, Michalski, Nicholson, is hereby directed to cause a notice of timeRobbins, Voetberg. Nays—None. and place of such hearing to be published in a newspaper having general circulation in the RESOLUTION NO. 24-96 City of Dubuque, Iowa, which notice shall bePRELIMINARYAPPROVALOFPLANS not less than four days nor more than twentyANDSPECIFICATIONS days prior to the day fixed for its consideration.NOW THEREFORE, BE IT RESOLVED At the hearing, any interested person mayBY THE CITY COUNCIL OF THE CITY OF appear and file objections to the proposedDUBUQUE, IOWA: plans, specifications, form of contract, orThat the proposed plans, specifications, estimated cost of the improvement.form of contract and estimated cost for the Passed, approved and adopted this 15thKennedy/Bonson Road Sanitary Interceptor day of January, 1996. Sewer Extension, in the estimated amount of Terrance M. Duggan, Mayor$132,472.93, are hereby approved and Attest: Mary A. Davis, City Clerkordered filed in the office of the City Clerk for Council Member Voetberg moved adoptionpublic inspection. of the Resolution. Seconded by CouncilPassed, adopted and approved this 15th Member Nicholson. Carried by the followingday of January, 1996. vote: Yeas—Mayor Duggan, CouncilTerrance M. Duggan, Mayor Members Buol, Krieg, Michalski, Nicholson,Attest: Mary A. Davis, City Clerk Robbins, Voetberg. Nays—None.Council Member Krieg moved adoption of the Resolution. Seconded by Council Member RESOLUTION NO. 23-96Robbins. Carried by the following vote: ORDERING BIDSYeas—Mayor Duggan, Council Members NOW THEREFORE, BE IT RESOLVEDBuol, Krieg, Michalski, Nicholson, Robbins, BY THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None. DUBUQUE, IOWA: Section 1. That the Continuous EmissionsRESOLUTION NO. 25-96 Monitoring System for the Sewage SludgeFIXING DATE OF HEARING ON PLANS Incinerators at the Water Pollution ControlAND SPECIFICATIONS Regular Session, January 15, 1996 Whereas, the City Council of the City ofYeas—Mayor Duggan, Council Members Dubuque, Iowa has given its preliminaryBuol, Krieg, Michalski, Nicholson, Robbins, approval on the proposed plans,Voetberg. Nays—None. specifications, and form of contract and placed same on file in the office of the CityCity Manager recommending a public Clerk for the Kennedy/Bonson Road Sanitaryhearing be set for February 5, 1996 to lease Interceptor Sewer Extension.real estate at corner of West 3rd St. & College NOW THEREFORE, BE IT RESOLVEDStreets for a "Cancer Survivor's Park", BY THE CITY COUNCIL OF THE CITY OFpresented and read. Council Member DUBUQUE, IOWA:Voetberg moved that the communication be That on the 19th day of February, 1996, areceived and filed and approved setting Public public hearing will be held at 7:00 p.m. in theHearing for 2-5-96 at 7:00 p.m. in the Public Public Library Auditorium at which timeLibrary Auditorium and that the City Clerk interested persons may appear and be heardpublish notice in the manner prescribed by for or against the proposed plans andlaw. Seconded by Council Member specifications, form of contract and cost ofNicholson. Carried by the following said improvement, and the City Clerk be andvote:Yeas—Mayor Duggan, Council Members is hereby directed to cause a notice of timeBuol, Krieg, Michalski, Nicholson, Robbins, and place of such hearing to be published in aVoetberg. Nays—None. newspaper having general circulation in the City of Dubuque, Iowa, which notice shall bePolice Chief John Mauss recommending not less than four days nor more than twentysuspension of liquor license of Hooligan's days prior to the day fixed for its consideration.Sports Bar and set hearing for February 5, At the hearing, any interested person may1996, presented and read. Council Member appear and file objections to the proposedVoetberg moved that the communication be plans, specifications, contract, or estimatedreceived and filed and matter set for Hearing cost of the improvement.on 2-5-96 at 7:00 p.m. in the Public Library Passed, adopted and approved this 15thAuditorium and that the City Clerk notify the day of January, 1996.owners in the manner prescribed by law. Terrance M. Duggan, MayorSeconded by Council Member Michalski. Attest: Mary A. Davis, City ClerkCarried by the following vote: Yeas—Mayor Council Member Krieg moved adoption ofDuggan, Council Members Buol, Krieg, the Resolution. Seconded by CouncilMichalski, Nicholson, Robbins, Voetberg. Member Robbins. Carried by the followingNays—None. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None.At 10:02 p.m. Council Member Voetberg moved to go into Closed Session In RESOLUTION NO. 26-96accordance with Chapter 21.5 1(j) 1995 Code ORDERING BIDSof Iowa: To discuss the purchase of particular NOW THEREFORE, BE IT RESOLVEDreal estate where premature disclosure could BY THE COUNCIL OF THE CITY OFbe reasonably expected to increase the price DUBUQUE, IOWA:the governmental body would have to pay for That the Kennedy/Bonson Road Sanitarythat property. Seconded by Council Interceptor Sewer Extension is hereby orderedMember Nicholson. Carried by the following to be advertised for bids for construction.vote: Yeas—Mayor Duggan, Council BE IT FURTHER RESOLVED, that theMembers Buol, Krieg, Michalski, Nicholson, amount of the security to accompany each bidRobbins, Voetberg. Nays—None. shall be in an amount which shall conform to the provisions of the notice to bidders herebyAt 10:37 p.m. Council reconvened Regular approved as a part of the plans andSession with statement that Staff had been specifications heretofore adopted.given proper direction. That the City Clerk is hereby directed to advertise for bids for the construction of theThere being no further business, Council improvements herein provided, to be publishedMember Voetberg moved to adjourn. in a newspaper having general circulation inSeconded by Council Member Nicholson. the City of Dubuque, Iowa, which notice shallCarried by the following vote: Yeas—Mayor not be less than four days nor more thanDuggan, Council Members Buol, Krieg, twenty days prior to the receipt of said bids atMichalski, Nicholson, Robbins, Voetberg. 2:00 p.m. on the 8th day of February, 1996.Nays—None. The meeting adjourned at Bids shall be opened and read by the City10:38 p.m. Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on theMary A. Davis CMC 19th day of February, 1996.City Clerk Passed, adopted and approved this 15th day of January, 1996.Approved 1997 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkAdopted 1997 Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Regular Session, January 15, 1996 Mayor Council Members Attest: City Clerk Regular Session, January 15, 1996 11-18-96 FINAL PROOFING & CORRECTIONS DONE. KAREN