1996 April Council ProceedingsRegular Session, April 1, 1996
presented for Council approval. Council
DUBUQUE
Member Nicholson moved that the
proceedings be approved as printed.
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
Proof of publication certified to by the
Publisher on Notice of publishing Council
Proceedings for meetings of 3-4 & 3-6,
City Council, Regular Session, April 1,
presented and read. Council Member
1996.
Nicholson moved that the proof be received
Council Met at 7:00 p.m., Public Library
and filed. Seconded by Council Member
Auditorium.
Robbins. Carried by the following vote:
Present: Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Buol, Krieg, Michalski, Robbins, Voetberg.
Voetberg, City Manager Michael Van Milligen,
Nays—None.
Corporation Counsel Barry Lindahl.
NOTICES OF CLAIMS/SUITS — Carl
Mayor Duggan read the call and stated this
Buol in est. amt. of $83.46 for vehicle
is the Regular Session of the City Council
damages; Ronaele Heil in unknown amount
called for the purpose to act upon such
for personal injuries; Marvin Mueller in amount
business which may properly come before the
of $1502.84 for vehicle damages; Harley &
Council.
Sherry Pothoff in amount of $173.26 for
vehicle damages, presented and read. Council
Invocation was given by Father Craig
Member Nicholson moved that the claims and
Welbaum, Rector of St. John's Episcopal
suits be referred to the Legal Staff for
Church.
investigation and report. Seconded by Council
Member Robbins. Carried by the following
PROCLAMATIONS — Month of April as
vote: Yeas—Mayor Duggan, Council Members
"Fair Housing Month" received by Charles
Buol, Krieg, Michalski, Nicholson, Robbins,
Azebeokhai; April 1 thru 7 as "Public Health
Voetberg. Nays—None.
Week" received by Dr. Viner; Commending
students from Clarke and Loras Colleges for
Corporation Counsel recommending
participating in the 1996 "Hunger Cleanup
settlement of property damage claim of Dave
Campaign" received by Nichole Ames and
Beidler in the amount of $1,571.63, presented
Andrea Bisping.
and read. Council Member Nicholson moved
that the settlement be approved and Finance
Youth-In-Government Program - Mayor
Director to issue proper check. Seconded by
Duggan swore in Youth Mayor Eric Bridges
Council Member Robbins. Carried by the
and Youth Mayor Bridges swore in Youth City
following vote: Yeas—Mayor Duggan, Council
Council Members - At-Large Dave Repass
Members Buol, Krieg, Michalski, Nicholson,
and Bobbi Lammer, First Ward: Amanda
Robbins, Voetberg. Nays—None.
Schulz, Second Ward: Nick Ressler, Third
Ward: Jeremy Thorne, Fourth Ward: Joy
Corporation Counsel advising following
Nauman, Youth City Manager Leila
claims have been referred to Crawford &
Khadamohl-Reza, Youth Corporation Counsel
Company, the agent for the Iowa Communities
Molly Lyons and Youth City Clerk Jenny
Assurance Pool; Property damage of Bruce &
Kingsley.
Theresa Frommelt; Vehicle damage of Cory
Schlitter; Vehicle damage of State Farm
MINUTES SUBMITTED—Airport
Mutual on behalf of their insured, Sarah &
Commission of 2-13, 2-16 & 3-4; Building
Todd Moening-Swanson, presented and read.
Code Advisory & Appeals Board of 3-6; Cable
Council Member Nicholson moved that the
TV Regulatory Commission of 3-13; Cable
communications be received and filed.
Teleprogramming of 3-5; Citizens with
Seconded by Council Member Robbins.
Disabilities Parking Review Committee of 2-
Carried by the following vote: Yeas—Mayor
27; Community Development Commission of
Duggan, Council Members Buol, Krieg,
3-19; Five Flags Commission of 3-18; Human
Michalski, Robbins, Voetberg. Nays—None.
Rights Commission of 2-12; Library Board of
2-22, presented and read. Council Member
Bud Takes requesting to install a canopy in
Nicholson moved that the minutes be received
front of his shop at 503 E. 22nd Street,
and filed. Seconded by Council Member
presented and read. Council Member
Robbins. Carried by the following vote:
Nicholson moved that the request be referred
Yeas—Mayor Duggan, Council Members
to the City Manager. Seconded by Council
Buol, Krieg, Michalski, Robbins, Voetberg.
Member Robbins. Carried by the following
Nays—None.
vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Printed Council Proceedings for the
Voetberg. Nays—None.
months of January and February, 1995
Regular Session, April 1, 1996
Mackenzie Hellert requestingCity Manager recommending acceptance
reconsideration be given regarding the pavingof warranty deeds for right-of-way needed
of Heritage Trail, presented and read. Councilwhen Kelly Lane is reconstructed, presented
Member Nicholson moved that this be to theand read. Council Member Nicholson moved
City Manager. Seconded by Council Memberthat the communication be received and filed.
Robbins. Carried by the following vote:Seconded by Council Member Robbins.
Yeas—Mayor Duggan, Council MembersCarried by the following vote: Yeas—Mayor
Buol, Krieg, Michalski, Nicholson, Robbins,Duggan, Council Members Buol, Krieg,
Voetberg. Nays—None. Michalski, Robbins, Voetberg. Nays—None.
Patricia Lange, 3041 Brunswick St.,RESOLUTION NO. 94-96
requesting to purchase portion of an alley thatA RESOLUTION ACCEPTING A
is adjacent to her property for the purpose toCONVEYANCE OF PROPERTY AT 960
construct a garage, presented and read.KELLY LANE TO THE CITY OF DUBUQUE
Council Member Nicholson moved that this beWhereas, the City of Dubuque entered into
referred to the City Manager. Seconded byan Acquisition Agreement with James and
Council Member Robbins. Carried by theRomelda Westmark, dated January 24, 1996,
following vote: Yeas—Mayor Duggan, Councilpursuant to which James and Romelda
Members Buol, Krieg, Michalski, Nicholson,Westmark agreed to convey a part of Lot 2-2-
Robbins, Voetberg. Nays—None. 1-1-2 and Lot 2-1-1-1-2 of Petersen Place in
the City of Dubuque, Iowa, as shown on the
Mike Breitbach advising Mississippi RiverAcquisition Plat thereof; and
Revival Dubuque would like to co-sponsor,Whereas, James and Romelda Westmark
with the Environmental Stewardshiphave executed a conveyance of said property.
Commission an educational program focusedNOW, THEREFORE, BE IT RESOLVED
on the future of waste-water treatment inBY THE CITY COUNCIL OF THE CITY OF
Dubuque, presented and read. CouncilDUBUQUE, IOWA:
Member Nicholson moved that theSection 1. The City Council of the City of
communication be received and filed.Dubuque, Iowa, hereby approves of, accepts
Seconded by Council Member Robbins.and consents to the Warranty Deed from
Carried by the following vote: Yeas—MayorJames and Romelda Westmark, copies of
Duggan, Council Members Buol, Krieg,which are attached hereto, as required by Iowa
Michalski, Robbins, Voetberg. Nays—None. Code Section 569.7.
Section 2. The Mayor is hereby authorized
City Manager recommending approval forand directed to execute and acknowledge on
GDREC to install a canopy off the eastbehalf of the City of Dubuque any instruments
entrance of the Portside Building at thein connection herewith.
Diamond Jo Casino Facility and authorize thePassed, approved and adopted this 1st day
Mayor to execute Consent, presented andof April, 1996.
read. Council Member Nicholson moved thatTerrance M. Duggan, Mayor
the communication be received and filed andAttest: Mary A. Davis, City Clerk
approved recommendation. Seconded by Council Member Nicholson moved
Council Member Robbins. Carried by theadoption of the Resolution. Seconded by
following vote: Yeas—Mayor Duggan, CouncilCouncil Member Robbins. Carried by the
Members Buol, Krieg, Michalski, Nicholson,following vote: Yeas—Mayor Duggan, Council
Robbins, Voetberg. Nays—None. Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
City Manager recommending approval of
DRA's requesting to expend funds from theirRESOLUTION NO. 95-96
Reserve Fund and from the Depreciation andA RESOLUTION ACCEPTING A
Improvement Funds for projects totalingCONVEYANCE OF PROPERTY AT 990
$70,500, presented and read. CouncilKELLY LANE TO THE CITY OF DUBUQUE
Member Robbins moved that theWhereas, the City of Dubuque entered into
communication be received and filed andan Acquisition Agreement with Henry T. and
approved recommendation. Seconded byOrlean M. Weber, dated January 10, 1996,
Council Member Nicholson. Carried by thepursuant to which Henry T. and Orlean M.
following vote: Yeas—Mayor Duggan, CouncilWeber agreed to convey a part of Lot 2-1-2-1-
Members Buol, Krieg, Michalski, Nicholson,1-2 of Petersen Place in the City of Dubuque,
Robbins, Voetberg. Nays—None. Iowa, as shown on the Acquisition Plat
thereof; and
City Manager advising of his signing aWhereas, Henry T. and Orlean M. Weber
document supporting the bringing of a Touringhave executed a conveyance of said property.
Arts Team to Dubuque this Fall, presentedNOW, THEREFORE, BE IT RESOLVED
and read. Council Member Nicholson movedBY THE CITY COUNCIL OF THE CITY OF
that the communication be received and filed.DUBUQUE, IOWA:
Seconded by Council Member Robbins.Section 1. The City Council of the City of
Carried by the following vote: Yeas—MayorDubuque, Iowa, hereby approves of, accepts
Duggan, Council Members Buol, Krieg,and consents to the Warranty Deed from
Michalski, Robbins, Voetberg. Nays—None. Henry T. and Orlean M. Weber, copies of
which are attached hereto, as required by Iowa
Code Section 569.7.
Regular Session, April 1, 1996
Section 2. The Mayor is hereby authorizedSection 1. The City Council of the City of
and directed to execute and acknowledge onDubuque, Iowa, hereby approves of, accepts
behalf of the City of Dubuque any instrumentsand consents to the Warranty Deed from
in connection herewith.Donald and Theresa Roepsch, copies of
Passed, approved and adopted this 1st daywhich are attached hereto, as required by Iowa
of April, 1996.Code Section 569.7.
Terrance M. Duggan, MayorSection 2. The Mayor is hereby authorized
Attest: Mary A. Davis, City Clerkand directed to execute and acknowledge on
Council Member Nicholson moved adoptionbehalf of the City of Dubuque any instruments
of the Resolution. Seconded by Councilin connection herewith.
Member Robbins. Carried by the followingPassed, approved and adopted this 1st day
vote: Yeas—Mayor Duggan, Council Membersof April, 1996.
Buol, Krieg, Michalski, Nicholson, Robbins,Terrance M. Duggan, Mayor
Voetberg. Nays—None. Attest: Mary A. Davis, City Clerk
City Council Member Nicholson moved
RESOLUTION NO. 96-96adoption of the Resolution. Seconded by
A RESOLUTION ACCEPTING ACouncil Member Robbins. Carried by the
CONVEYANCE OF PROPERTY AT 1140following vote: Yeas—Mayor Duggan, Council
KELLY LANE TO THE CITY OF DUBUQUEMembers Buol, Krieg, Michalski, Nicholson,
Whereas, the City of Dubuque entered intoRobbins, Voetberg. Nays—None.
an Acquisition Agreement with Ralph A., Jr.
and Deborah M. Reisen, dated December 21,RESOLUTION NO. 98-96
1995, pursuant to which Ralph A., Jr. andA RESOLUTION ACCEPTING A
Deborah M. Reisen agreed to convey a part ofCONVEYANCE OF PROPERTY AT 1215
Lot 2-1-2-1 of Mineral Lot 118 in the City ofKELLY LANE TO THE CITY OF DUBUQUE
Dubuque, Iowa, as shown on the AcquisitionWhereas, the City of Dubuque entered into
Plat thereof; andan Acquisition Agreement with Wayne C. and
Whereas, Ralph A., Jr. and Deborah M.Donna Chaloupka, dated January 25, 1996,
Reisen have executed a conveyance of saidpursuant to which Wayne C. and Donna
property.Chaloupka agreed to convey a part of Lot 2 of
NOW, THEREFORE, BE IT RESOLVED1 of Mark Heights in the City of Dubuque,
BY THE CITY COUNCIL OF THE CITY OFIowa, as shown on the Acquisition Plat
DUBUQUE, IOWA:thereof; and
Section 1. The City Council of the City ofWhereas, Wayne C. and Donna Chaloupka
Dubuque, Iowa, hereby approves of, acceptshave executed a conveyance of said property.
and consents to the Warranty Deed fromNOW, THEREFORE, BE IT RESOLVED
Ralph A., Jr. and Deborah M. Reisen, copiesBY THE CITY COUNCIL OF THE CITY OF
of which are attached hereto, as required byDUBUQUE, IOWA:
Iowa Code Section 569.7.Section 1. The City Council of the City of
Section 2. The Mayor is hereby authorizedDubuque, Iowa, hereby approves of, accepts
and directed to execute and acknowledge onand consents to the Warranty Deed from
behalf of the City of Dubuque any instrumentsWayne C. and Donna Chaloupka, copies of
in connection herewith.which are attached hereto, as required by Iowa
Passed, approved and adopted this 1st dayCode Section 569.7.
of April, 1996.Section 2. The Mayor is hereby authorized
Terrance M. Duggan, Mayorand directed to execute and acknowledge on
Attest: Mary A. Davis, City Clerkbehalf of the City of Dubuque any instruments
Council Member Nicholson movedin connection herewith.
adoption of the Resolution. Seconded byPassed, approved and adopted this 1st day
Council Member Robbins. Carried by theof April, 1996.
following 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 Nicholson moved adoption
of the Resolution. Seconded by Council
RESOLUTION NO. 97-96Member Robbins. Carried by the following
A RESOLUTION ACCEPTING Avote: Yeas—Mayor Duggan, Council Members
CONVEYANCE OF PROPERTY AT 1160Buol, Krieg, Michalski, Nicholson, Robbins,
KELLY LANE TO THE CITY OF DUBUQUEVoetberg. Nays—None.
Whereas, the City of Dubuque entered into
an Acquisition Agreement with Donald andCity Manager recommending acceptance of
Theresa Roepsch, dated January 25, 1996,public improvements in Sunnyslope Estates,
pursuant to which Donald and TheresaBlock 11, presented and read. Council
Roepsch agreed to convey a part of Lot 2-2-1Member Nicholson moved that the
and Lot 1-1-2-1 all of Mineral Lot 118 in thecommunication be received and filed.
City of Dubuque, Iowa, as shown on theSeconded by Council Member Robbins.
Acquisition Plat thereof; andCarried by the following vote: Yeas—Mayor
Whereas, Donald and Theresa RoepschDuggan, Council Members Buol, Krieg,
have executed a conveyance of said property.Michalski, Nicholson, Robbins, Voetberg.
NOW, THEREFORE, BE IT RESOLVEDNays—None.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:RESOLUTION NO. 99-96
Regular Session, April 1, 1996
ACCEPTING IMPROVEMENTS INthe Community Development Advisory
SUNNYSLOPE ESTATES, BLOCK 11Commission; and
Whereas, pursuant to Resolution No. 215-Whereas, the Community Development
95 certain improvements including streetAdvisory Commission reviewed the proposed
paving, storm sewers, sanitary sewers andamendment at a regular meeting on March 19,
watermain and street lighting were installed by1996, and has voted to approve said
the developer of Sunnyslope Estates, Blockamendment and to recommend its approval by
11; andthe City Council.
Whereas, the improvements have beenNOW, THEREFORE, BE IT RESOLVED
completed and the City manager hasBY THE CITY COUNCIL OF THE CITY OF
examined the work and has filed a certificateDUBUQUE, IOWA:
stating that the same has been completed inSection 1. That the Annual Action Plan
accordance with the plans approved by theElement of the Consolidated Plan for Housing
City Council and in conformance with Cityand Community Development for Program
specifications, and has recommended that theYear 21 is hereby amended by transferring
improvements be accepted by the City$20,000 from the Neighborhood Sidewalk
Council.Program to Neighborhood Park Improvements
NOW, THEREFORE, BE IT RESOLVEDfor Madison Park.
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the City Manager is hereby
DUBUQUE, IOWA:authorized and directed to submit a copy of
Section 1. That the recommendation of thethis resolution to the U.S. Department of
City Manager be approved and that saidHousing and Urban Development.
improvements in Sunnyslope Estates, BlockPassed, approved and adopted this 1st day
11 be and the same is hereby accepted.of April, 1996.
Section 2. That maintenance of saidTerrance M. Duggan, Mayor
improvements shall be the responsibility of theAttest: Mary A. Davis, City Clerk
contractor and the owner for a period of twoCouncil Member Nicholson moved adoption
year's from this date.of the Resolution. Seconded by Council
Passed, approved and adopted this 1st dayMember Robbins. Carried by the following
of April, 1996.vote: Yeas—Mayor Duggan, Council Members
Terrance M. Duggan, MayorBuol, Krieg, Michalski, Nicholson, Robbins,
Attest: Mary A. Davis, City ClerkVoetberg. Nays—None.
Council Member Nicholson moved adoption
of the Resolution. Seconded by CouncilCity Manager submitting copies of letters
Member Robbins. Carried by the followingforwarded to State Legislators confirming the
vote: Yeas—Mayor Duggan, Council MembersCity's support for the full funding of property
Buol, Krieg, Michalski, Nicholson, Robbins,tax previously approved by the Senate
Voetberg. Nays—None. (Senate File 2449), presented and read.
Council Member Nicholson moved that the
City Manager recommending approval ofcommunication be received and filed.
proposed amendment to Annual Action PlanSeconded by Council Member Robbins.
for Fiscal Year 1996, presented and read.Carried by the following vote: Yeas—Mayor
Council Member Nicholson moved that theDuggan, Council Members Buol, Krieg,
communication be received and filed.Michalski, Nicholson, Robbins, Voetberg.
Seconded by Council Member Robbins.Nays—None.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,RESOLUTION NO. 101-96
Michalski, Nicholson, Robbins, Voetberg.NOW, THEREFORE, BE IT RESOLVED
Nays—None. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 100-96That the following having complied with the
RESOLUTION APPROVING A NON-provisions of law relating to the sale
SUBSTANTIAL AMENDMENT TO THEof Cigarettes within the City of Dubuque, Iowa,
ANNUAL ACTION PLAN ELEMENT OF THEbe granted a permit to sell Cigarettes and
CONSOLIDATED PLAN FOR HOUSINGCigarette Papers within said City.
AND COMMUNITY FOR THE COMMUNITYDavid & Nancy KannDave's Place
DEVELOPMENT BLOCK GRANT537 W. 8th St
PROGRAM YEAR 21 (FISCAL YEAR 1996)Passed, approved and adopted this 1st day
Whereas, the City of Dubuque preparedof April, 1996.
and filed an Annual Action Plan Element of theTerrance M. Duggan, Mayor
Consolidated Plan for Housing andAttest: Mary A. Davis, City Clerk
Community Development for Program Year 21Council Member Nicholson moved adoption
on or before June 1, 1995; andof the Resolution. Seconded by Council
Whereas, the City of Dubuque now desiresMember Robbins. Carried by the following
to amend said Plan to transfer up to $20,000vote: Yeas—Mayor Duggan, Council Members
from one activity to another activity; andBuol, Krieg, Michalski, Nicholson, Robbins,
Whereas, said amendment is a non-Voetberg. Nays—None.
substantial amendment as provided in the
City's citizen participation plan and mustRESOLUTION NO. 102-96
therefore be approved by resolution of the CityWhereas, applications for Beer Permits
Council after review and recommendation byhave been submitted and filed to this Council
Regular Session, April 1, 1996
for approval and the same have beenBuol, Krieg, Michalski, Nicholson, Robbins,
examined and approved; and Voetberg. Nays—None.
Whereas, the premises to be occupied by
such applicants were inspected and found toBOARDS AND COMMISSIONS
comply with the Ordinances of this City and
have filed proper bonds.CIVIL SERVICE COMMISSION:
NOW, THEREFORE, BE IT RESOLVEDApplicants Merle Duehr, Jr. and Gerald
BY THE CITY COUNCIL OF THE CITY OFUdelhofen.
DUBUQUE, IOWA:Mayor Duggan moved to appoint Merle
That the Manager be authorized to cause toDuehr, Jr. to a six year term which will expire
be issued the following named applicants a3-31-2002. Seconded by Council Member
Beer Permit.Krieg. Carried by the following vote:
CLASS "B" BEER PERMITYeas—Mayor Duggan, Council Members
C.K. of DubuqueCountry KitchenBuol, Krieg, Michalski, Nicholson, Robbins,
+(Sunday Sales)3187 UniversityVoetberg. Nays—None.
CLASS "BE" BEER PERMIT
Albert J. HeibergerOky-Doky # 7COMMUNITY DEVELOPMENT ADVISORY
3301 PennsylvaniaCOMMISSION:
Passed, approved and adopted this 1st dayCensus tract #2: Applicant Michael J.
of April, 1996.Kelley. Council Member Voetberg moved that
Terrance M. Duggan, MayorMichael Kelley be appointed to a term which
Attest: Mary A Davis, City Clerkwill expire 2-15-99. Seconded by Council
Council Member Nicholson moved adoptionMember Buol. Carried by the following vote:
of the Resolution. Seconded by CouncilYeas—Mayor Duggan, Council Members
Member Robbins. Carried by the followingBuol, Krieg, Michalski, Nicholson, Robbins,
vote: Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.HISTORIC PRESERVATION COMMISSION:
Representing W. 11th Street Area:
RESOLUTION NO.103-96Applicant Pamela Bradford. Council Member
Whereas, applications for Liquor LicensesMichalski moved that Pamela Bradford be
have been submitted to this Council forappointed to an unexpired term that will expire
approval and the same have been examined7-1-98. Seconded by Council Member
and approved; andVoetberg. Carried by the following vote:
Whereas, the premises to be occupied byYeas—Mayor Duggan, Council Members
such applicants were inspected and found toBuol, Krieg, Michalski, Nicholson, Robbins,
comply with the State Laws and all CityVoetberg. Nays—None.
Ordinances relevant thereto and they have
filed proper bonds.Council Member Voetberg moved that the
NOW, THEREFORE, BE IT RESOLVEDrules be suspended to allow anyone present to
BY THE CITY COUNCIL OF THE CITY OFaddress the Council if they so desire.
DUBUQUE, IOWA:Seconded by Council Member Nicholson.
That the Manager be authorized to cause toCarried by the following vote: Yeas—Mayor
be issued the following named applicantsDuggan, Council Members Buol, Krieg,
a Liquor License.Michalski, Nicholson, Robbins, Voetberg.
CLASS "C" (COMMERCIAL)Nays—None.
BEER/LIQUOR LICENSE
Knights of ColumbusKnight of ColumbusProof of publication certified to by the
510+(Sunday Sales)Publisher on Notice of Public Hearing to
781 Locust Stvacate and dispose of an access easement
Chad A. Streff Whiskey River from MarJo Quarry Rd. to the Julien Dubuque
+(Sunday Sales)1064 UniversityMonument and City Manager recommending
Mary Lou Kamp Executorapproval to vacate and dispose of easement,
Noonans Tap+(Sunday Sales)presented and read. Council Member Buol
1618 Central Avemoved that the proof and communication be
Murph's Southend Tap Inc received and filed. Seconded by Council
Murph's Southend TapMember Krieg. Carried by the following vote:
55 Locust StYeas—Mayor Duggan, Council Members
Marco's IncMarco'sBuol, Krieg, Michalski, Nicholson, Robbins,
2022 Central AveVoetberg. Nays—None.
Neighbor's Inc.Neighbor's Tap
1899 Rockdale RdRESOLUTION NO. 104-96
Passed, approved and adopted this 1st dayWhereas, pursuant to resolution and
of April, 1996.published notice of time and place of hearing,
Terrance M. Duggan, Mayorpublished in the Telegraph Herald, a
Attest: Mary A. Davis, City Clerknewspaper of general circulation published in
Council Member Nicholson moved adoptionthe City of Dubuque, Iowa on the 22nd day of
of the Resolution. Seconded by CouncilMarch, 1996, the City Council of the City of
Member Robbins. Carried by the followingDubuque, Iowa met on the 1st day of April,
vote: Yeas—Mayor Duggan, Council Members1996, at 7:00 p.m. in the Public Library
Auditorium, 11th and Locust, Dubuque,
Regular Session, April 1, 1996
Dubuque County, Iowa to consider the(Nemmers), said Ordinance having been
proposal for the vacation and release of realpresented and read at the Council Meeting of
estate described as:March 18, presented for further action.
A 66 foot wide access easement across
PT. Lots 3 and 4 NW 1/4 NE 1/4 Section 6,(OFFICIAL PUBLICATION)
PT. Lot 1-5 Fractional Governmental Lot 1 ofORDINANCE NO. 18-96
Section 6, PT. Lot 3 of FractionalAN ORDINANCE AMENDING APPENDIX A
Governmental Lot 1 of Section 6 and Lot 2 of(THE ZONING ORDINANCE) OF THE CITY
subdivision of Lot 5 of Governmental Lot 1OF DUBUQUE CODE OF ORDINANCES,
Section 6 all in T88N-R3E, as shown on theBY RECLASSIFYING HEREINAFTER
attached Exhibit "A".DESCRIBED PROPERTY LOCATED
Whereas, the City Council of the City ofSOUTHWEST OF CEDAR CROSS ROAD
Dubuque, Iowa overruled any and allAND NORTH OF FREMONT AVENUE
objections, oral or written, to the proposal toFROM AG AGRICULTURAL DISTRICT TO
dispose of interest of the City of Dubuque,CS COMMERCIAL SERVICE AND
Iowa in the hereinabove described real estate.WHOLESALE DISTRICT.
NOW, THEREFORE, BE IT RESOLVEDNOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OFBY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:DUBUQUE, IOWA:
Section 1. That the disposal of the interestSection 1. That Appendix A (the Zoning
of the City of Dubuque, Dubuque County,Ordinance) of the City of Dubuque Code of
Iowa in real property described as a 66 footOrdinances is hereby amended by
wide access easement across PT. Lots 3 andreclassifying the hereinafter described
4 NW 1/4 NE 1/4 Section 6, PT. Lot 1-5property from AG Agricultural District to CS
Fractional Governmental Lot 1 of Section 6,Commercial Service and Wholesale District, to
PT. Lot 3 of Fractional Governmental Lot 1 ofwit:
Section 6 and Lot 2 of subdivision of Lot 5 ofAll that part of Lot 1 of 1 of 2 of Mineral Lot
Governmental Lot 1 Section 6 all in T88N-218 in the City of Dubuque, Iowa, lying
R3E, as shown on the attached Exhibit "A" besouthwesterly of Cedar Cross Road.
and the same is hereby approved for the costAll that part of Lot 2 of 1 of 1 of 1 of Cedar
of publication and filing fees.Ridge Farm in the City of Dubuque, Iowa
Section 2. That the Mayor be authorizedlying southwesterly of Cedar Cross Road
and directed to execute a Release ofand southerly of the southeasterly line of
Easement, and the City Clerk be and is herebyLot 2 of said Cedar Ridge Farm and
authorized and directed to deliver said Releasesoutherly of the southerly line of Lot 2 of 1
to the State of Iowa, Department of Naturalof said Cedar Ridge Farm, and its
Resources, upon receipt of the above fees.extension southwesterly.
Section 3. That the City Clerk be and isSection 2. The foregoing amendment has
hereby authorized and directed to record aheretofore been reviewed by the Zoning
certified copy of this resolution in the office ofAdvisory Commission of the City of Dubuque,
the City Assessor, Dubuque County RecorderIowa.
and the Dubuque County Auditor.Section 3. This ordinance shall take effect
Passed, approved and adopted this 1st dayimmediately upon publication, as provided by
of April, 1996.law.
Terrance M. Duggan, MayorPassed, approved and adopted this 1st day
Attest: Mary A. Davis, City Clerkof April, 1996.
Council Member Buol moved adoption ofTerrance M. Duggan, Mayor
the Resolution. Seconded by Council MemberAttest: Mary A. Davis, City Clerk
Krieg. Carried by the following vote: Council Member Nicholson moved final
Yeas—Mayor Duggan, Council Membersconsideration and passage of the Ordinance.
Buol, Krieg, Michalski, Nicholson, Robbins,Seconded by Council Member Robbins.
Voetberg. Nays—None. Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Proof of publication certified to by theMichalski, Nicholson, Robbins, Voetberg.
Publisher on Notice of Public Hearing toNays—None.
consider reclassifying property located
southwest of Cedar Cross Road and North ofProof of publication certified to by the
Fremont Ave. from AG to CS District,Publisher of Notice of Public Hearing to
presented and read. Council Memberconsider amendment to Ordinances to
Nicholson moved that the communication beestablish Sign Regulations for PC District for
received and filed. Seconded by CouncilWal-Mart Stores, Inc. and Lowe's Companies,
Member Robbins. Carried by the followingInc., presented and read. Council Member
vote: Yeas—Mayor Duggan, Council MembersNicholson moved that the proof be received
Buol, Krieg, Michalski, Robbins, Voetberg.and filed. Seconded by Council Member
Nays—None. Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
An Ordinance Amending Zoning Map byBuol, Krieg, Michalski, Nicholson, Robbins,
reclassifying property located Southwest ofVoetberg. Nays—None.
Cedar Cross Road and North of Fremont
Avenue from AG Agricultural District to CSAn Ordinance Providing for the amendment
Commercial Service and Wholesale Districtof Ordinances Nos. 31-92, 59-93 and 41-95
Regular Session, April 1, 1996
which adopted the PC Planned Commercialallowed per premises with a maximum height
District for Wal-Mart Stores, Inc and Lowe'sof 30 feet and a sign area of 136 square feet
Companies, Inc. and established Signfor each of the Wal-Mart signs and a Lowe's
Regulations for that Planned Commercialsign with a maximum height of 33 feet 9
District, said Ordinance having beeninches, as shown on sketch #2 incorporated
presented and read the Council Meeting ofherein by reference, with a maximum area of
March 18, presented for final action. 130 square feet in area.
3)Directional signs shall be permitted
(OFFICIAL PUBLICATION)according to the standard C-3 General
ORDINANCE NO. 19-96Commercial District regulations.
AN ORDINANCE OF THE CITY OFSection 2. The foregoing amendment has
DUBUQUE, IOWA PROVIDING FOR THEheretofore been reviewed by the Zoning
AMENDMENT OF ORDINANCES 31-92, 59-Advisory Commission of the City of Dubuque,
93 AND 41-95 WHICH ADOPTED THE PCIowa.
PLANNED COMMERCIAL DISTRICT FORSection 3. That this ordinance shall take
WAL-MART STORES, INC. AND LOWE'Seffect immediately upon publication and shall
COMPANIES, INC. AND ESTABLISHEDnot exclude any other provisions as previously
SIGN REGULATIONS FOR THATestablished by ordinance for Wal-Mart PC
PLANNED COMMERCIAL DISTRICT.Planned Commercial District.
Whereas, Lowe's Companies, Inc.,Section 4. This ordinance shall take effect
applicant, has filed an application for approvalimmediately upon publication, as provided by
of an amended conceptual development planlaw.
in accordance with provisions of the PUDPassed, approved and adopted this 1st day
Planned Unit Development District regulationsof April, 1996.
as set forth in Section 3-5.5 of the Code ofTerrance M. Duggan, Mayor
Ordinances, Appendix A thereof, of the City ofAttest: Mary A. Davis, City Clerk
Dubuque, Iowa; andACCEPTANCE OF
Whereas, the Zoning Advisory CommissionORDINANCE NO. 19-96
has held a public hearing on said applicationI, Paul W. Kite, having read the terms and
for an amended conceptual development planconditions of the foregoing Ordinance No. 19-
pursuant to required published notice; and96 and being familiar with the conditions
Whereas, the Zoning Advisory Commissionthereof, hereby accept this same and agree to
has approved said amended conceptualthe conditions required therein.
development plan subject to specificDated in Dubuque, Iowa this 10th day of
conditions and restrictions having found thatApril, 1996.
said plan conforms with the review standardsBy: /s/ Paul W. Kite
applicable to such plans as set forth in SectionKite Development
3-5.5(D) of the Code of Ordinances, AppendixPublished officially in the Telegraph Herald
A thereof, of the City of Dubuque, Iowa; and
newspaper this 17th day of April, 1996.
Whereas, the Zoning Advisory Commission
1t 4/17Mary A. Davis CMC, City Clerk
recommends the concurrence of the City
Council Member Nicholson moved to
Council and approval of said amended
amend the Ordinance to include sketch #2,
conceptual development plan; and
placing the wording on the sign on an even
Whereas, the City Council has received the
line with Wal-Mart. Seconded by Council
recommendation of the Zoning Advisory
Member Michalski. Carried by the following
Commission and held its own public hearing
vote: Yeas—Mayor Duggan, Council Members
on said amended conceptual development
Buol, Krieg, Michalski, Nicholson, Robbins,
plan pursuant to required published notice;
Voetberg. Nays—None. Council Member
and
Nicholson moved final consideration and
Whereas, the City Council has approved
passage of the Ordinance, as amended.
said amended conceptual development plan
Seconded by Council Member Michalski.
subject to the same specific conditions and
Carried by the following vote: Yeas—Mayor
restrictions.
Duggan, Council Members Buol, Krieg,
NOW, THEREFORE, BE IT ORDAINEDMichalski, Nicholson, Robbins, Voetberg.
BY THE CITY COUNCIL OF THE CITY OFNays—None.
DUBUQUE, IOWA:
Section 1. That Ordinances No. 31-92, 59-Proof of publication certified to by the
93 and 41-95 be amended by repealingPublisher on Notice of Public Hearing to
Section 3(E) in regard to sign regulations andconsider reclassifying property at 290
establishing a new Section 3(E) in lieu thereof;Wartburg Place from R-1 to PUD District with
as follows:a PR District designation, presented and read.
SignsCouncil Member Voetberg moved that the
Signs for this PC Planned Commercial Districtproof be received and filed. Seconded by
shall be regulated as follows.Council Member Nicholson. Carried by the
1)Wall-mounted signs: Wal-Mart shall be
following vote: Yeas—Mayor Duggan, Council
permitted up to 1,175 square feet of wall-
Members Buol, Krieg, Michalski, Robbins,
mounted signage. LOWE's shall be permitted
Voetberg. Nays—None.
up to 790 square feet of wall-mounted
An Ordinance Amending Zoning Map by
signage.
reclassifying property located at 290 Wartburg
2)Free-standing signs: Maximum of three
Place from R-1 Single Family Residential
free-standing tenant identification signs are
District to PUD Planned Unit Development
Regular Session, April 1, 1996
District with a PR Planned Residential Districtsetback for "BR-Building Related" uses in
Designation and adopting a Conceptualthe A-2 Lot Development Zone for minor
Development Plan, with Conditions, saidstreets.
Ordinance having been presented and read atSection 2. The foregoing amendment has
the Council Meeting of 3-18, presented forheretofore been reviewed by the Zoning
final action. Council Member Buol moved finalAdvisory Commission of the City of Dubuque,
consideration and passage of the Ordinance.Iowa.
Seconded by Council Member Robbins. NoSection 3. That this ordinance shall not
vote taken on the motion. Council Memberexclude any other provisions as previously
Voetberg moved to table the action on thisestablished by resolution or ordinance for
Ordinance to the Council meeting of 4-15-96,Dubuque Industrial Center.
thus allowing time for concerns to be workedSection 4. This ordinance shall take effect
out. Seconded by Council Member Nicholson.immediately upon publication, as provided by
Carried by the following vote: Yeas—Mayorlaw.
Duggan, Council Members Buol, Krieg,Passed, approved and adopted this 1st day
Michalski, Nicholson, Robbins, Voetberg.of April, 1996.
Nays—None. Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Proof of publication certified to by theACCEPTANCE OF
Publisher on Notice of Public HearingORDINANCE NO. 20-96
providing for amendment to conditions ofWe, Kathryn Krieg and William Callahan,
Development and Operation, Dubuquehaving read the terms and conditions of the
Industrial Center for the Dubuque Industrialforegoing Ordinance No. 20-96 and being
Center Planned Industrial District, presentedfamiliar with the conditions thereof, hereby
and read. Council Member Krieg moved thataccept this same and agree to the conditions
the proof be received and filed. Seconded byrequired therein.
Council Member Robbins. Carried by theDated in Dubuque, Iowa this 19th day of
following vote: Yeas—Mayor Duggan, CouncilMarch, 1996.
Members Buol, Krieg, Michalski, Nicholson,By /s/ Kathryn Krieg
Robbins, Voetberg. Nays—None. President, Dubuque In-Futuro, Inc.
By /s/ William Callahan
An Ordinance providing for the amendmentVice-President, Dubuque In-Futuro, Inc.
of Ordinance No. 39-82 and Planning andPublished officially in the Telegraph Herald
Zoning Commission's Resolution No. 1-82
newspaper this 10th day of April, 1996.
which adopted the conditions of Development
1t 4/10Mary A. Davis CMC, City Clerk
and Operation, Dubuque Industrial Center for
Council Member Krieg moved final
the Dubuque Industrial Center Planned
consideration and passage of the Ordinance.
Industrial District, said Ordinance having been
Seconded by Council Member Robbins.
presented and read at the Council Meeting of
Carried by the following vote: Yeas—Mayor
3-18, presented for final action.
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
(OFFICIAL PUBLICATION)
Nays—None.
ORDINANCE NO. 20-96
AN ORDINANCE OF THE CITY OF
PUBLIC HEARING TABLED FROM CITY
DUBUQUE, IOWA PROVIDING FOR THE
COUNCIL MEETING OF MARCH 4, 1996:
AMENDMENT OF ORDINANCE NO. 39-
Council Member Voetberg moved to remove
82 AND PLANNING AND ZONING
the following from the table. Seconded by
COMMISSION RESOLUTION NO. 1-82
Council Member Nicholson. Carried by the
WHICH ADOPTED THE CONDITIONS
following vote: Yeas—Mayor Duggan, Council
OF DEVELOPMENT AND OPERATION,
Members Buol, Krieg, Michalski, Nicholson,
DUBUQUE INDUSTRIAL CENTER FOR
Robbins, Voetberg. Nays—None.
THE DUBUQUE INDUSTRIAL CENTER
City Manager submitting agreed upon
PLANNED INDUSTRIAL DISTRICT.
permitted uses for C-4 Zoning
Whereas, Dubuque In-Futuro, Inc.,reclassifications as submitted by Loren
applicant, has filed an application for anKringle, presented and read. Council Member
amended conceptual development plan inVoetberg moved that the communication be
accordance with provisions of the PUDreceived and filed. Seconded by Council
Planned Unit Development District regulationsMember Nicholson. Carried by the following
as set forth in Section 3-5.5 of the Code ofvote: Yeas—Mayor Duggan, Council
Ordinance, Appendix A thereof, of the City ofMembers Buol, Krieg, Michalski, Nicholson,
Dubuque, Iowa.Robbins, Voetberg. Nays—None.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OFAn Ordinance Amending Zoning Map by
DUBUQUE, IOWA:reclassifying property located at 1320 Locust
Section 1. That Ordinance No. 39-82 and
Street from OR Office Residential District to
Planning and Zoning Commission Resolution
C-4 Downtown Commercial District, first
No. 1-82 be amended by repealing Attachment
reading only given at Council meeting held on
C-2 and establishing a new Attachment C-2 in
2-19-96, presented for further action.
lieu thereof; as follows:
Allow a twenty-foot setback for "VR-Vehicle
(OFFICIAL PUBLICATION)
Related" uses and retain the thirty-foot
ORDINANCE NO. 21-96
Regular Session, April 1, 1996
AN ORDINANCE AMENDING APPENDIX Arecommendation. Seconded by Council
(THE ZONING ORDINANCE) OF THE CITYMember Michalski. Carried by the following
OF DUBUQUE CODE OF ORDINANCES,vote: Yeas—Mayor Duggan, Council Members
BY RECLASSIFYING HEREINAFTERBuol, Krieg, Michalski, Nicholson, Robbins,
DESCRIBED PROPERTY LOCATED ATVoetberg. Nays—None.
1320 LOCUST STREET FROM OR OFFICE
RESIDENTIAL DISTRICT TO C-4Christopher Smith, on behalf of Hooligan's
DOWNTOWN COMMERCIAL DISTRICT,Sports Bar and Grill, requesting a 60 day
WITH CONDITIONS.extension be added to the original ninety day
NOW, THEREFORE, BE IT ORDAINEDterm as per agreement executed on February
BY THE CITY COUNCIL OF THE CITY OF5th, presented and read.
DUBUQUE, IOWA:Mark Sullivan stated that there are no
Section 1. That Appendix A (the Zoninglonger four owners, and Mr. Schwartz is no
Ordinance) of the City of Dubuque Code oflonger a partner and requested the extension.
Ordinances is hereby amended byCouncil Member Nicholson moved that they
reclassifying the hereinafter describedapprove the extension for an additional 60
property from OR Office Residential District todays with the $500 Civil Penalty to be paid
C-4 Downtown Commercial District, withwithin the original 90 days. Seconded by
conditions, to wit:Council Member Robbins. Carried by the
South one-fifth of City Lot 476, and to thefollowing vote: Yeas—Mayor Duggan, Council
center line of the adjoining public right-of-Members Buol, Krieg, Michalski, Nicholson,
way, all in the City of Dubuque, Iowa.Robbins. Nays—Council Member Voetberg.
Section 2. The foregoing amendment has
heretofore been reviewed by the ZoningCity Manager recommending approval to
Commission of the City of Dubuque, Iowa.place a sign on retaining wall on 12th Street
Section 3. This ordinance shall take effectbetween Bluff Street and Grove Terrace
immediately upon publication, as provided bydesignating the area as a historic district,
law.presented and read. Council Member
Passed, approved and adopted this 1st dayVoetberg moved that the communication be
of April, 1996.received and filed. Seconded by Council
Terrance M. Duggan, MayorMember Nicholson. Carried by the following
Attest: Mary A. Davis, City Clerkvote: Yeas—Mayor Duggan, Council
ACCEPTANCE OFMembers Buol, Krieg, Michalski, Nicholson,
ORDINANCE NO. 21-96Robbins, Voetberg. Nays—None.
I, Loren Kringle, property owner, having
read the terms and conditions of the foregoingAn Ordinance Authorizing West 11th
Ordinance No. 21-96 and being familiar withStreet Neighborhood Association to construct
the conditions thereof,. hereby accept thisand maintain a sign in the 12th Street right-of-
same and agree to the conditions requiredway at Grove Terrace, presented and read.
therein.
Dated in Dubuque, Iowa this 23rd day of(OFFICIAL PUBLICATION)
March, 1996.ORDINANCE NO. 22-96
By: /s/ Loren KringleAN ORDINANCE AUTHORIZING WEST
Published officially in the Telegraph Herald11TH STREET NEIGHBORHOOD
ASSOCIATION SIGN ON PUBLIC RIGHT-
newspaper this 24th day of October, 1996.
OF-WAY
1t 10/24Mary A. Davis CMC, City Clerk
NOW, THEREFORE, BE IT ORDAINED
Council Member Voetberg moved that the
BY THE CITY COUNCIL OF THE CITY OF
requirement that a proposed Ordinance be
DUBUQUE, IOWA:
considered and voted on for passage at two
Section 1. That the West 11th Street
Council Meetings prior to the meeting at which
Neighborhood Association be and they are
it is to be finally passed be suspended.
hereby granted the revocable permit and
Seconded by Council Member Nicholson.
authority to construct and maintain a sign in
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,the 12th Street right-of-way at Grove Terrace
Michalski, Nicholson, Robbins, Voetberg.under the terms and conditions set forth in this
Nays—None. Council Member VoetbergOrdinance.
moved final consideration and passage of theSection 2. That such construction shall be
Ordinance. Seconded by Council Memberdone in accordance with plans heretofore
Nicholson. Carried by the following vote:submitted by permittees and approved by the
Yeas—Mayor Duggan, Council MembersCity Manager, under the supervision and
Buol, Krieg, Michalski, Nicholson, Robbins,direction of the City Manager, and in
Voetberg. Nays—None. accordance with all applicable state and
federal laws and regulations, and the
Ken Kringle submitting a petition containingOrdinances of the City of Dubuque.
Section 3. That the permission herein
26 signatures, requesting an extension of
granted is expressly conditioned on
Parking Permit District "B" (St. Mary's &
permittees' agreement to:
Emmett Streets area) to include the 100 and
a.Assume any and all liability for damages to
200 blocks of Bluff Streets, presented and
persons or property which may result from the
read. Council Member Voetberg moved that
existence, location, installation, construction or
the petition be received and filed and referred
maintenance of said sign; and
to the City Manager and Staff for
Regular Session, April 1, 1996
b.Procure and maintain in force during theTerrance M. Duggan, Mayor
term of this permit a policy of liability insuranceAttest: Mary A. Davis, City Clerk
as set forth in the attached InsuranceACCEPTANCE OF
Schedule; andORDINANCE NO. 22-96
c.Pay on behalf of the City of Dubuque, allThe undersigned having read and being
sums which the City of Dubuque shall becomefamiliar with the terms and conditions of
obligated to pay by reason of the liabilityOrdinance No. 22-96, hereby, for themselves,
imposed upon the City of Dubuque fortheir successors or assigns, as owners of the
damages of any kind resulting from theabutting property, accept the same and agree
location, installation, existence, construction orto be bound by the conditions and agreements
maintenance of said sign sustained by anytherein contained to be performed by
person or persons, caused by accident orpermittees.
otherwise to defend at its own expense and onWest 11th St. Neighborhood Assoc.
behalf of said City any claim against the City/s/ Steven S. Efken, President
of Dubuque arising out of the location,Dated: April 23, 1996
installation, existence, construction orPublished officially in the Telegraph Herald
maintenance of said sign and to pay
newspaper this 29th day of April, 1996.
reasonable attorney fees therefor; and
1t 4/29Mary A. Davis CMC, City Clerk
d.Indemnify, defend and hold the City of
Council Member Voetberg moved that the
Dubuque free and harmless from any and allrequirement that a proposed Ordinance be
claims, loss, liability and expense for deathconsidered and voted on for passage at two
and/or injuries to third persons or damages toCouncil Meetings prior to the meeting at which
property of third persons, or for damage to anyit is to be finally passed be suspended.
property of the City of Dubuque which maySeconded by Council Member Nicholson.
occur as a result of or in connection with theCarried by the following vote: Yeas—Mayor
location, installation, construction,Duggan, Council Members Buol, Krieg,
maintenance and repair of the facility, work orMichalski, Nicholson, Robbins, Voetberg.
improvement permitted herein.Nays—None. Council Member Voetberg
Section 4. That the permission hereinmoved final consideration and passage of the
granted is expressly conditioned uponOrdinance. Seconded by Council Member
permittees' further agreement that should theNicholson. Carried by the following vote:
right and privilege herein granted be rescinded
Yeas—Mayor Duggan, Council Members
or revoked by the City Council, permittees, or
Buol, Krieg, Michalski, Nicholson, Robbins,
their successors in interest, as owners of the
Voetberg. Nays—None.
abutting property, shall within ten (10) days
after receipt of written notice from the City
City Manager recommending approval of
Manager, so to do, at their own expense,
Commercial/Industrial Building Rehabilitation
remove said sign and in the event of their
Loan for 101-123 Main Street, presented and
failure to do so, the City of Dubuque shall be
read. Council Member Buol moved that the
authorized to remove said sign at permittees'
communication be received and filed.
expense and dispose of the same, and the
Seconded by Council Member Nicholson.
permittee shall have no claim against the City
Carried by the following vote: Yeas—Mayor
or its agents for damages resulting from the
Duggan, Council Members Buol, Krieg,
removal of said sign.
Michalski, Nicholson, Robbins, Voetberg.
Section 5. That permittees covenant and
Nays—None.
agree that the revocable permit herein granted
does not constitute an approval of the design,
RESOLUTION 105-96
erection, location, construction, repair or
A RESOLUTION APPROVING A CDBG
maintenance of said facility and said
COMMERCIAL/INDUSTRIAL BUILDING
permittees hereby covenant and agree not to
REHABILITATION LOAN OF ONE
assert such claim or defense against the City
HUNDRED THOUSAND DOLLARS
of Dubuque in the event of claim asserted for
($100,000) FOR PROPERTY LOCATED AT
death, personal injuries and/or property
101-123 MAIN STREET AND
damage against the permittees arising out ofAUTHORIZING A LETTER OF
or in any way connected with the location,COMMITMENT.
installation, construction, design, repair andWhereas, the City of Dubuque, Iowa, has
maintenance of the facility herein permitted.created a Commercial/Industrial Building
Section 6. This Ordinance shall becomeRehabilitation Loan Program for the purpose
effective and the rights hereunder accrue toof stimulating reinvestment in the City's low
the West 11th Street Neighborhoodand moderate income areas; and
Association when this Ordinance has beenWhereas, the City of Dubuque, Iowa is
adopted by the City Council and the terms andencouraging the use of this loan program to
conditions thereof accepted by permittees byfinance exterior rehabilitation and code
acceptance endorsed on this Ordinance.compliance activities; and
Section 7. That the City Clerk be and she is
Whereas, Sid Wallace and William Hos,
authorized and directed to file at permittees'
owners of property at 101-123 Main Street,
expense a copy of this ordinance in the Office
have presented a loan application for the
of the Recorder in and for Dubuque County,
exterior rehabilitation of said property which
Iowa.
meets the requirements of this program; and
Passed, approved and adopted this 1st day
Whereas, a Commitment Letter, hereto
of April, 1996.
attached and by this reference made a part
Regular Session, April 1, 1996
hereof, sets forth the terms and conditions ofSection 1. That the tentative Five Year
the owners' participation in theStreet Construction Program for Fiscal Year
Commercial/Industrial Building Rehabilitation1997 through 2001 be and the same is hereby
Loan Program.approved and the Mayor is hereby authorized
NOW, THEREFORE, BE IT RESOLVEDand directed to sign this resolution.
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the City Manager is hereby
DUBUQUE, IOWA:authorized and directed to forward the
Section 1. That the application of Sidrequired documents relating to the Five Year
Wallace and William Hos for participation inStreet Construction Program to the Iowa
the Commercial/Industrial BuildingDepartment of Transportation.
Rehabilitation Loan Program is herebyPassed, approved and adopted this 1st day
accepted and approved.of April, 1996.
Section 2. That the Mayor is herebyTerrance M. Duggan, Mayor
authorized to execute, on behalf of the CityAttest: Mary A. Davis, City Clerk
Council of the City of Dubuque, Iowa, theCouncil Member Nicholson moved adoption
attached Commitment Letter and to forwardof the Resolution. Seconded by Council
said letter to the owners.Member Michalski. Carried by the following
Section 3.That the City Manager isvote: Yeas—Mayor Duggan, Council Members
hereby directed to prepare, upon receipt of anBuol, Krieg, Michalski, Nicholson, Robbins,
executed Commitment Letter from the owners,Voetberg. Nays—None.
the necessary loan documents in accordance
with the terms and conditions set forth in saidCity Manager advising of approval of final
Commitment Letter.plat for part of Marna Ridge Estates No. 2,
Section 4.That the City Manager ispresented and read. Council Member Krieg
hereby authorized to execute, on behalf of themoved that the communication be received
City Council of the City of Dubuque, Iowa, alland filed. Seconded by Council Member
necessary loan documents and is furtherNicholson. Carried by the following vote:
authorized to disburse loan funds from theYeas—Mayor Duggan, Council Members
Commercial/Industrial Building RehabilitationBuol, Krieg, Michalski, Nicholson, Robbins,
Loan Program, in accordance with the termsVoetberg. Nays—None.
and conditions of the executed agreement.
Passed, approved and adopted this 1st dayRESOLUTION NO. 107-96
of April, 1996. A RESOLUTION APPROVING THE
Terrance M. Duggan, MayorFINAL PLAT OF LOTS 1-7, INCLUSIVE,
Attest: Mary A. Davis, City ClerkOF BLOCK 2 AND LOT E OF MARNA
Council Member Buol moved adoption ofRIDGE ESTATES 2, BEING A
the Resolution. Seconded by Council MemberSUBDIVISION OF LOT D, MARNA
Krieg. Carried by the following vote:RIDGE ESTATES 2, IN THE CITY OF
Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA.
Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, there has been filed with the City
Voetberg. Nays—None. Clerk a final plat of Lots 1-7, inclusive, of
Block 2 and Lot E of Marna Ridge Estates 2,
City Manager submitting the tentative 5being a subdivision of Lot D, Marna Ridge
year street construction program, presentedEstates 2, in the City of Dubuque, Iowa; and
and read. Council Member Nicholson movedWhereas, upon said final plat appear
that the communication be received and filed.street(s) to be known as June Drive, together
Seconded by Council Member Michalski.with certain public utility and sanitary sewer
Carried by the following vote: Yeas—Mayorand storm sewer easements which the owners
Duggan, Council Members Buol, Krieg,by said final plat have dedicated to the public
Michalski, Nicholson, Robbins, Voetberg.forever; and
Nays—None. Whereas, the preliminary plat has been
examined by the Zoning Commission and had
RESOLUTION NO. 106-96its approval endorsed thereon; and
RESOLUTION APPROVING TENTATIVEWhereas, said final plat has been reviewed
FIVE YEAR STREET CONSTRUCTIONby the City Planner and had his/her approval
PROGRAMendorsed thereon, subject to the owners
Whereas, there has been prepared aagreeing to the conditions noted in Section 2
tentative Street Construction Program forbelow; and
Fiscal Year 1997 through 2001; andWhereas, said final plat has been
Whereas, said construction program mustexamined by the City Council and they find
be filed with the Iowa Department ofthat it conforms to the statutes and ordinances
Transportation by May 1, 1996 for the purposerelating to it, except that no streets or public
of allocating Road Use Tax Funds toutilities have yet been constructed or installed;
municipalities; andand
Whereas, this Council has reviewed theWhereas, the City Council concurs in the
tentative Street Construction Program asconditions of approval established by the
submitted.Zoning Commission and the City Planner.
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:
Regular Session, April 1, 1996
Section 1. That the dedications of Juneimprovement plans and City standard
Drive (Lot E), together with the easements forspecifications and accepted by City Council
public utilities, sanitary sewer and storm sewerResolution.
as they appear upon said final plat, be and theSection 5. That in the event Martin and
same are hereby accepted; andNancy McNamer shall fail to execute the
Section 2. That the plat of Lots 1-7,acceptance and furnish the guarantees
inclusive, of Block 2 and Lot E of Marna Ridgeprovided in Section 2 hereof within 180 days
Estates 2, being a subdivision of Lot D, Marnaafter the date of this Resolution, the provisions
Ridge Estates 2, is hereby approved and thehereof shall be null and void and the
Mayor and City Clerk are hereby authorizedacceptance of the dedication and approval the
and directed to endorse the approval of theplat shall not be effective.
City of Dubuque, Iowa, upon said final plat,Passed, approved and adopted this 1st day
provided the owners of said property hereinof April, 1996.
named, execute their written acceptanceTerrance M. Duggan, Mayor
hereto attached agreeing:ATTEST: Mary A. Davis, City Clerk
a.To reduce June Drive to grade and toACCEPTANCE OF RESOLUTION NO.
construct concrete curb and gutter and to hard107-96
surface with asphaltic concrete, or withWe, the undersigned, Martin and Nancy
concrete paving with integral curb, all inMcNamer, having read the terms and
accordance with the City of Dubuque standardconditions of the Resolution No. 107-96 and
specifications, all in a manner acceptable tobeing familiar with the conditions thereof,
the City Engineer, and in conformance withhereby accept this same and agree to the
construction improvement plans approved byconditions required therein.
the City Engineer, and inspected by the CityDated in Dubuque, Iowa this 12th day of
Engineer.April, 1996.
b.To install sanitary sewer mains and sewerBy /s/ Martin McNamer
service laterals into each individual lot, waterBy /s/Nancy McNamer
mains and water service laterals into eachCouncil Member Krieg moved adoption of
individual lot, storm sewers and catch basins,the Resolution. Seconded by Council Member
boulevard street lighting and erosion controlNicholson. Carried by the following vote:
devices all in accordance with the City ofYeas—Mayor Duggan, Council Members
Dubuque standard specifications, all in aBuol, Krieg, Michalski, Nicholson, Robbins,
manner acceptable to the City Engineer, andVoetberg. Nays—None.
in accordance with construction improvement
plans approved by the City Engineer, andCity Manager requested input from Council
inspected by the City Engineer.on proposed process for completion of
c.To construct said improvements, prior toTraffic\ Circulation Study.
two (2) year(s) from the date of acceptance of
this resolution, at the sole expense of theCity Manager submitting documents
owners, or future owners;providing for the bidding process for the
d.To maintain the public improvements, for aExtension of Sanitary Sewer to the North
period of two (2) years from the date of theCascade/Fremont Avenue Drainage Area
acceptance of those improvements by the City(South Fork Interceptor Sewer Extension) and
of Dubuque, Iowa, at the sole expense of therequesting to proceed with eminent domain
owners, or future owners;proceedings for sewer easements, presented
And further provided that said Martin andand read. Council Member Voetberg moved
Nancy McNamer, as owners of said property,that the communication be received and filed.
shall secure the performance of the foregoingSeconded by Council Member Buol. Carried
conditions provided in this Section byby the following vote: Yeas—Mayor Duggan,
providing guarantees in such form and withCouncil Members Buol, Krieg, Michalski,
such sureties as may be acceptable to the CityNicholson, Robbins, Voetberg. Nays—None.
Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be theRESOLUTION NO. 108-96
responsibility of the owner of the propertyPRELIMINARY APPROVAL OF PLANS
abutting the public right-of-way, as required byAND SPECIFICATIONS
City Code 41-161 through 41-164. TheNOW THEREFORE, BE IT RESOLVED
responsibility shall extend to all successors,BY THE CITY COUNCIL OF THE CITY OF
heirs and assignees. Sidewalk installation willDUBUQUE, IOWA:
not be required until the development of the lotThat the proposed plans, specifications,
has been completed, except as requiredform of contract and estimated cost for the
herein. In sparsely developed subdivisions,South Fork Interceptor Sewer Extension, in
sidewalks on developed lots will not bethe estimated amount of $354,837.00, are
required until 50% of the lots approved by thehereby approved and ordered filed in the office
plat have been developed. All vacant lots shallof the City Clerk for public inspection.
have sidewalks installed upon development ofPassed, adopted and approved this 1st day
80% of the lots approved by the plat.of April, 1996.
Section 4. That final acceptance of allTerrance M. Duggan, Mayor
public improvements shall occur uponAttest: Mary A. Davis, City Clerk
certification of the City Engineer to the CityCouncil Member Voetberg moved adoption
Council that all public improvements haveof the Resolution. Seconded by Council
been completed in accordance with theMember Buol. Carried by the following vote:
Regular Session, April 1, 1996
Yeas—Mayor Duggan, Council MembersPassed, adopted and approved this 1st day
Buol, Krieg, Michalski, Nicholson, Robbins,of April, 1996.
Voetberg. Nays—None. Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
RESOLUTION NO. 109-96Council Member Voetberg moved adoption
FIXING DATE OF HEARING ON PLANSof the Resolution. Seconded by Council
AND SPECIFICATIONSMember Buol. Carried by the following vote:
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 CityRESOLUTION NO. 111-96
Clerk for public inspection of the South ForkWhereas, the City of Dubuque has been
Interceptor Sewer Extension.negotiating with the owners of record for right-
NOW THEREFORE, BE IT RESOLVEDof-way necessary for the construction of the
BY THE CITY COUNCIL OF THE CITY OFSouth Fork Interceptor Sewer Extension; and
DUBUQUE, IOWA:
That on the 15th day of April, 1996, aWhereas, the City of Dubuque has not
public hearing will be held at 7:00 p.m. in thebeen successful after reasonable attempts in
Public Library Auditorium at which timeits efforts to negotiate a sale and purchase
interested persons may appear and be heardprice for the required right-of-way; and
for or against the proposed plans andWhereas, the City of Dubuque finds and
specifications, form of contract and cost ofdetermines that eminent domain proceedings
said improvement, and the City Clerk be andshould be instituted to acquire the needed
is hereby directed to cause a notice of timeright-of-way.
and place of such hearing to be published in aNOW, THEREFORE, BE IT RESOLVED
newspaper having general circulation in theBY THE CITY COUNCIL OF THE CITY OF
City of Dubuque, Iowa, which notice shall beDUBUQUE, IOWA:
not less than four days nor more than twentySection 1. That eminent domain
days prior to the day fixed for its consideration.proceedings be instituted forthwith by the City
At the hearing, any interested person mayof Dubuque, Iowa for acquisition of the
appear and file objections to the proposedfollowing lots or portions thereof as follows:
plans, specifications, contract, or estimated1.Lot 2-1 of the SW 1/4 of the SE 1/4 of
cost of the improvement.Section 34 in Dubuque County, Iowa
Passed, adopted and approved this 1st day2.Lot 3-1 of the SW 1/4 of the SE 1/4 of
of April, 1996.Section 34 in Dubuque County, Iowa
Terrance M. Duggan, Mayor3.Lot 2 of Ohmert Farm in Dubuque County,
Attest: Mary A. Davis, City ClerkIowa
Council Member Voetberg moved adoption4.Lot 1 and Lot 2 of Red Cedar Estates in
of the Resolution. Seconded by CouncilDubuque County, Iowa
Member Buol. Carried by the following vote:5.Block IV of Henschel Addition in the City of
Yeas—Mayor Duggan, Council MembersDubuque, Dubuque County, Iowa
Buol, Krieg, Michalski, Nicholson, Robbins,6.Lot 2 of Henschel/McNamer Place in the
Voetberg. Nays—None. City of Dubuque, Dubuque County, Iowa
7.Lot 1 of the S ½ of the NW 1/4 of Section
RESOLUTION NO. 110-962 in the City of Dubuque, Dubuque County,
ORDERING BIDSIowa
NOW THEREFORE, BE IT RESOLVED8.Lot 2-1-1-2 of Mineral Lot 498 in the City of
BY THE COUNCIL OF THE CITY OFDubuque, Dubuque County, Iowa;
DUBUQUE, IOWA:and that Corporation Counsel be directed to
That the South Fork Interceptor Sewerinstitute said eminent domain proceedings
Extension is hereby ordered to be advertisedforthwith for and on behalf of the City of
for bids for construction.Dubuque, Iowa.
BE IT FURTHER RESOLVED, that theSection 2. That the Corporation Counsel be
amount of the security to accompany each bidand is hereby directed and empowered to do
shall be in an amount which shall conform toany and all things necessary and incidental to
the provisions of the notice to bidders herebysaid eminent domain proceedings.
approved as a part of the plans andPassed, approved and adopted this 1st day
specifications heretofore adopted.of April, 1996.
That the City Clerk is hereby directed toTerrance M. Duggan, Mayor
advertise for bids for the construction of theAttest: Mary A. Davis, City Clerk
improvements herein provided, to be publishedCouncil Member Voetberg moved adoption
in a newspaper having general circulation inof the Resolution. Seconded by Council
the City of Dubuque, Iowa, which notice shallMember Buol. Carried by the following vote:
not be less than four days nor more thanYeas—Mayor Duggan, Council Members
twenty days prior to the receipt of said bids atBuol, Krieg, Michalski, Nicholson, Robbins,
2:00 p.m. on the 10th day of April, 1996. BidsVoetberg. Nays—None.
shall be opened and read by the City Clerk at
said time and will be submitted to the CouncilCity Manager recommending to sell
for final action at 7:00 p.m. on the 15th day ofDREAMS home at 851 Kaufmann Avenue,
April, 1996.presented and read. Council Member
Regular Session, April 1, 1996
Michalski moved that the communication bePassed, approved and adopted this 1st day
received and filed. Seconded by Councilof April, 1996.
Member Buol. Carried by the following vote:Terrance M. Duggan, Mayor
Yeas—Mayor Duggan, Council MembersAttest: Mary A. Davis, City Clerk
Buol, Krieg, Michalski, Nicholson, Robbins,Council Member Michalski moved adoption
Voetberg. Nays—None. of the Resolution. Seconded by Council
Member
RESOLUTION NO. 112-96 Buol. Carried by the following vote:
RESOLUTION OF INTENTION TO DISPOSEYeas—Mayor Duggan, Council Members
OF CITY-OWNED PROPERTY,Buol, Krieg, Michalski, Nicholson, Robbins,
SPECIFICALLY, LOT 2 OF LOT 1 OF LOTVoetberg. Nays—None.
50 , LOT 2 OF LOT 1 OF LOT 2 OF LOT 50,
LOT 1 OF LOT 1 OF LOT 1 OF LOT 51,City Manager requesting a public hearing
AND LOT 2 OF LOT 2 OF LOT 1 OF LOTbe held on April 15, 1996, to consider
51, ALL IN “BURTON’S ADDITION INannexing 9 acres of property adjacent to the
LANGWORTHY’S HOLLOW” (SOMETIMESCity's northern corporate boundary northeast
CALLED “BURTON’S ADDITION”; LOT 2of John F. Kennedy Road as requested by
OF MINERAL LOT 343; LOT 2 OF LOT 1John and Doris Kivlahan, presented and read.
OF LOT 2 OF MINERAL LOT 344; AND LOTCouncil Member Voetberg moved that the
2 OF LOT 1 OF “FITZGERALD PLACE”;communication be received and filed and
ALL IN THE CITY OF DUBUQUE, COUNTYapproved with public hearing set for 4-15-96 at
OF DUBUQUE, IOWA, ACCORDING TO7:00 p.m. in the Public Library Auditorium and
THE RECORDED PLATS THEREOF;that the City Clerk publish notice in the
OTHERWISE KNOWN AS 851 KAUFMANNmanner prescribed by law. Seconded by
AVENUECouncil Member Nicholson. Carried by the
Whereas, the City of Dubuque hasfollowing vote: Yeas—Mayor Duggan, Council
purchased certain real property for a familyMembers Buol, Krieg, Michalski, Nicholson,
participating in the DREAMS Program; Robbins, Voetberg. Nays—None.
Whereas, the City has received an offer to
purchase this property from a qualifyingCity Manager recommending participation
household; andin Economic Development Financing Package
Whereas, by accepting the selected offerfor Precision Tool & Engineering, Inc. and set
the City's objectives of providing first-timea date for public hearing on the proposed use
homeownership to moderate-income buyersof tax increment proceeds to support this
and rehabilitation of an abandoned home canproject, presented and read. Council Member
be realized;Krieg moved that the communication be
NOW, THEREFORE, BE IT RESOLVEDreceived and filed. Seconded by Council
BY THE CITY COUNCIL OF THE CITY OFMember Nicholson. Carried by the following
DUBUQUE, IOWA:vote: Yeas—Mayor Duggan, Council Members
Section 1. That the City of Dubuque, Iowa,Buol, Krieg, Michalski, Nicholson, Robbins,
intends to dispose of its interest in theVoetberg. Nays—None.
following legally-described property:
Lot 2 of Lot 1 of Lot 50 , Lot 2 of Lot 1 ofRESOLUTION 113-96
Lot 2 of Lot 50, Lot 1 of Lot 1 of Lot 1 of LotA RESOLUTION AUTHORIZING THE
51, and Lot 2 of Lot 2 of Lot 1 of Lot 51, allEXECUTION OF A COMMUNITY
in “Burton’s Addition in Langworthy’sDEVELOPMENT BLOCK GRANT LOAN OF
Hollow” (sometimes called “Burton’sTHIRTY THOUSAND DOLLARS ($30,000)
Addition”; Lot 2 of Mineral Lot 343; Lot 2 ofTO PRECISION TOOL & ENGINEERING,
Lot 1 of Lot 2 of Mineral Lot 344; and Lot 2INC.
of Lot 1 of “Fitzgerald Place”; all in the CityWhereas, under provisions of Title I of the
of Dubuque, County of Dubuque, Iowa,Housing and Community Development Act of
according to the recorded plats thereof.1974, as amended, the City of Dubuque has
received Community Development Block
Section 2. That the City of Dubuque, Iowa,Grant Funds for the purpose of stimulating
proposes to dispose of its interest in the aboveeconomic development activities within the
described real estate to Robert L. and Linda L.community; and
Brenner for the sum of Twenty ThousandWhereas, the City of Dubuque, Iowa
Dollars ($20,000).desires to assist the expansion and relocation
Section 3. That the City Council meet in theof Precision Tool & Engineering, Inc. and to
Carnegie Stout Public Library Auditorium, 11thcreate new permanent employment
and Bluff Streets, Dubuque, Iowa, at 7:00 p.m.opportunities for low and moderate income
on the 15th of April 1996, for the purpose ofcitizens; and
holding a public hearing on the disposition ofWhereas, a Commitment Letter, hereto
the above described real estate in the City ofattached and by this reference made a part
Dubuque, Iowa.hereof, sets forth the terms and conditions of
Section 4. That the City Clerk be and she isPrecision Tool & Engineering Inc.'s
hereby authorized and directed to cause aparticipation in the City's CDBG Economic
notice of such public hearing and the CityDevelopment Loan Program.
Council's intent to dispose of such property toNOW, THEREFORE, BE IT RESOLVED
be published as prescribed under Iowa CodeBY THE CITY COUNCIL OF THE CITY OF
Section 364.7.DUBUQUE, IOWA:
Regular Session, April 1, 1996
Section 1. That the Mayor is herebyPassed, approved and adopted this 1st day
authorized to execute, on behalf of the Cityof April 1996.
Council of the City of Dubuque, Iowa, theTerrance M. Duggan, Mayor
attached Commitment Letter and to forwardAttest: Mary A. Davis, City Clerk
said letter to Precision Tool & Engineering,Council Member Krieg moved that the
Inc.adoption of the Resolution. Seconded by
Section 2.That the City Manager be andCouncil Member Nicholson. Carried by the
he is hereby directed to prepare, upon receiptfollowing vote: Yeas—Mayor Duggan, Council
and acknowledgment of the attachedMembers Buol, Krieg, Michalski, Nicholson,
Commitment Letter by the Company, theRobbins, Voetberg. Nays—None.
necessary loan documents in accordance with
the terms and conditions set forth in said RESOLUTION NO. 115-96
Commitment Letter.RESOLUTION FIXING DATE FOR A
Section 3.That the City Manager isMEETING ON THE PROPOSITION OF THE
hereby authorized to execute, on behalf of theISSUANCE OF NOT TO EXCEED $115,000
City Council of the City of Dubuque, Iowa, allIN URBAN RENEWAL TAX INCREMENT
necessary loan documents and is furtherREVENUE OBLIGATIONS AND
authorized to disburse loan funds from theEXECUTION OF AGREEMENTS
CDBG Economic Development Loan Program,RELATING THERETO AND PROVIDING
in accordance with the terms and conditions ofFOR PUBLICATION OF NOTICE THEREOF.
the executed agreement.Whereas, it is deemed necessary and
Passed, approved and adopted this 1st dayadvisable that the City of Dubuque, Iowa,
of April 1996. should issue Urban Renewal Tax Increment
Terrance M. Duggan, MayorRevenue obligations to the amount not to
Attest: Mary A. Davis, City Clerkexceed $115,000, as authorized by Chapter
Council Member Krieg moved adoption of403 of the Code of Iowa, and to enter into
the Resolution. Seconded by Council Memberone or more agreements relating thereto, for
Nicholson. Carried by the following vote:the purpose of carrying out a project as
Yeas—Mayor Duggan, Council Membershereinafter described; and
Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, neither Chapter 403 nor any
Voetberg. Nays—None. other code provisions set forth any procedural
action required to be taken before said
RESOLUTION 114-96obligation may be approved, and pursuant to
A RESOLUTION AUTHORIZING ECIASection 364.6 of the Code of Iowa, it is
BUSINESS GROWTH, INC. TO PROCEEDdetermined that the procedure specified in
WITH A LOAN FROM THE CITY OFCode Section 384.25 shall apply and it is
DUBUQUE'S PORTION OF THE EDAdeemed sufficient that the action hereinafter
REVOLVING LOAN FUND OF NINETY-described be taken and the Clerk publish a
TWO THOUSAND DOLLARS ($92,000) TOnotice of the proposal and of the time and
PRECISION TOOL & ENGINEERING, INC.place of the meeting at which the Council
Whereas, the City of Dubuque has fundedproposes to take action thereon and to receive
a portion of the Economic Developmentoral and/or written objections from any
Administration's (EDA) Revolving Loan Fundresident or property owner of said City to such
(RLF) which is administered by ECIAaction.
Business Growth, Inc.; andNOW, THEREFORE, BE IT RESOLVED
Whereas, Precision Tool & Engineering,BY THE CITY COUNCIL OF THE CITY OF
Inc. has requested financial assistance fromDUBUQUE, IOWA:
ECIA Business Growth, Inc. of $92,000 forSection 1. That the Council meet in the
the expansion and relocation of their businessAuditorium of the Carnegie Stout Public
to the Dubuque Industrial Center; andLibrary in Dubuque, Iowa, at 7:00 p.m. on the
Whereas, ECIA Business Growth, Inc. has15th day of April, 1996, for the purpose of
reviewed the request and asked that the Citytaking action on the matter of the issuance of
Council authorize the use of loan funds fromnot to exceed $115,000 in Urban Renewal Tax
the City of Dubuque's portion of the EDAIncrement Revenue obligations and the
Revolving Loan Fund; andexecution of one or more agreements relating
Whereas, the City of Dubuque, Iowathereto, the proceeds of which will be used to
desires to assist Precision Tool &carry out one or more of the special financing
Engineering, Inc. in this expansion.activities described in the Dubuque Industrial
NOW, THEREFORE, BE IT RESOLVEDCenter Economic Development District Urban
BY THE CITY COUNCIL OF THE CITY OFRenewal Plan, including but not limited to the
DUBUQUE, IOWA:funding of economic development grants to
Section 1. That ECIA Business Growth,private developers pursuant to one or more
Inc. is hereby authorized to proceed with aagreements entered into with such developers
loan to Precision Tool & Engineering, Inc.under the terms and conditions of said Urban
from the City of Dubuque's portion of the EDARenewal Plan.
Revolving Loan Fund.Section 2. That the Clerk is hereby directed
Section 2. That the City Clerk is herebyto cause at least one publication to be made of
directed to notify ECIA Business Growth, Inc.a notice of said meeting, in a legal newspaper,
of said authorization by transmitting a certifiedprinted wholly in the English language,
copy of this Resolution.published at least once weekly, and having
general circulation in said City, said
Regular Session, April 1, 1996
publication to be not less than four clear daysbe reasonably expected to increase the price
nor more than twenty days before the date ofthe governmental body would have to pay for
said public meeting on the issuance of saidthat property and to discuss strategy with
obligations.Council in matters that are presently in
Section 3. The notice of the proposedlitigation. Seconded by Council Member
action to issue said obligations shall be inMichalski. Carried by the following vote:
substantially the form attached hereto.Yeas—Mayor Duggan, Council Members
Passed, approved and adopted this 1st dayBuol, Krieg, Michalski, Nicholson, Robbins,
of April, 1996.Voetberg. Nays—None.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkCouncil reconvened in Regular Session at
NOTICE OF MEETING OF THE COUNCIL9:51 p.m. with statement that direction was
OF THE CITY OF DUBUQUE, IOWA, ONgiven staff.
THE MATTER OF THE PROPOSED
ISSUANCE OF NOT TO EXCEED $115,000There being no further business, Council
IN URBAN RENEWAL TAX INCREMENTMember Voetberg moved to adjourn the
REVENUE OBLIGATIONS ANDmeeting. Seconded by Council Member
EXECUTION OF AGREEMENTSMichalski. Carried by the following vote:
RELATING THERETO, AND THE HEARINGYeas—Mayor Duggan, Council Members
ON THE ISSUANCE THEREOF.Buol, Krieg, Michalski, Nicholson, Robbins,
PUBLIC NOTICE is hereby given that theVoetberg. Nays—None. The meeting
Council of the City of Dubuque, Iowa, will holdadjourned at 9:52 p.m.
a public hearing on the 15th day of April,
1996, at 7:00 p.m. in the Carnegie StoutMary A. Davis CMC
Public Library Auditorium, 360 W. 11th St.,City Clerk
Dubuque, Iowa, at which meeting the Council
proposes to take additional action for the
issuance of not to exceed $115,000 in UrbanApproved , 1997
Renewal Tax Increment Revenue obligations
and execution of agreements relating thereto,Adopted , 1997
in order to carry out one or more of the special
financing activities in the Dubuque Industrial
Center Economic Development District UrbanMayor
Renewal Plan, including but not limited to the
funding of economic development grants to
private developers pursuant to one or more
agreements entered into with such developers
under the terms and conditions of said Urban
Renewal Plan.
At the above meeting, the Council shall
receive oral and written objections from any
resident or property owner of said City, to the
above action. After all objections have been
received and considered, the Council will at
this meeting or at any adjournment thereof,
take additional action for the issuance of suchCouncil Members
Tax Increment Revenue obligations or willAttest:
abandon the proposal. By order of the Council
said hearing and appeals therefrom shall be
held in accordance with and governed by theCity Clerk
provisions of Section 384.25 of the Code of
Iowa.
This notice is given by order of the Council
of Dubuque, Iowa, as provided by Sections
384.25 and 364.6 of the Code of Iowa. Code
Section 384.25 shall govern this meeting and
action taken thereat.
Dated this day of , 1996.
Mary Davis, City Clerk of Dubuque, Iowa
Council Member Krieg moved that the
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
At 8:57 p.m. Council Member Voetberg
moved to go into Closed Session - In
accordance with Chapter 21.5 1.(j) 1995 Code
of Iowa to discuss the purchase of particular
real estate where premature disclosure could
Regular Session, April 2, 1996
NOW, THEREFORE, BE IT RESOLVED
DUBUQUE
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Resolution No. 403-95
CITY COUNCIL
consenting to the assignment of the Sewer
Use Agreement between the city of Dubuque
and FDL by the merger of FDL with a
OFFICIAL
subsidiary of IBP resulting in the survival of
PROCEEDINGS
FDL Foods, Inc. wholly-owned by IBP, is
hereby rescinded.
Passed, approved and adopted this 2nd
City Council, Special Session, Tuesday,
day of April, 1996.
April 2, 1996.
Terrance M. Duggan, Mayor
Council met at 4:30 p.m., Public Library
Attest: Mary A. Davis, City Clerk
Auditorium.
Council Member Voetberg moved adoption
Present: Mayor Duggan, Council Members
of the Resolution. Seconded by Council
Buol, Krieg, Michalski, Nicholson, Robbins,
Member Nicholson. Carried by the following
Voetberg, City Manager Michael Van Milligen,
vote: Yeas—Mayor Duggan, Council Members
Corporation Counsel Barry Lindahl.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
There being no further business, Council
for the purpose to rescind Resolution No. 403-
Member Nicholson moved to adjourn the
95 and acting upon such business which may
meeting. Seconded by Council Member
properly come before the Council.
Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Communication of City Manager
Buol, Krieg, Michalski, Nicholson, Robbins,
recommending approval of a resolution
Voetberg. Nays—None. The meeting
rescinding Resolution No. 403-95, presented
adjourned at 4:34 p.m.
and read. Council Member Voetberg moved
that the communication be received and filed.
Mary A. Davis, CMC
Seconded by Council Member Nicholson.
City Clerk
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Approved ,1997
Michalski, Nicholson, Robbins, Voetberg.
Nays—None.
Adopted ,1997
RESOLUTION NO. 116-96
RESOLUTION RESCINDING RESOLUTION
NO. 403-95 WHICH CONSENTED TO THE
Mayor
ASSIGNMENT OF THE SEWER USE
AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA, AND FDL FOODS, INC.
Whereas, the City of Dubuque, Iowa
(“City”) and FDL Foods, Inc. (“FDL”) entered
into a certain Sewer Use Agreement dated
August 1, 1994; and
Whereas, the said Sewer Use Agreement
prohibits assignment without the prior written
consent of the City and that a merger, sale of
Council Members
the majority of the stock or consolidation shall
Attest:
be deemed as assignment for the purposes of
the Agreement; and
Whereas, FDL indicated to the City that it
City Clerk
was entering into an arrangement whereby
IBP Subsidiary, Inc., a wholly-owned
subsidiary corporation of IBP, Inc. (“IBP”)
would be merged into a statutory merger with
FDL, the surviving corporation being FDL,
which would be wholly-owned by IBP, and
FDL requested the City to consent to the
assignment; and
Whereas, the City Council consented to the
assignment of the Sewer Use Agreement to
FDL, the surviving corporation in the merger,
in Resolution No. 403-95; and
Whereas, FDL did not enter into a merger
agreement with IBP; and
Whereas, the City Council now finds that
the consent to the assignment should be
rescinded.
Special Session, April 8, 1996
item which he read from the Telegraph Herald
DUBUQUE
newspaper be set forth in the record:
Persistence pays off - George Grazier,
president of Farmland Foods, Inc., last week
CITY COUNCIL
said Rick Dickinson, executive director of the
Greater Dubuque Development Corp.,
deserves a lot of credit for renewed sale
OFFICIAL
discussions between the meatpacking giant
PROCEEDINGS
and FDL Foods, Inc.
"He didn't quit," Grazier said of Dickinson's
efforts to renew Farmland's interest in the
City Council Meeting, Special Session,
Dubuque meatpacker.
April 8, 1996.
Farmland planned to buy the plant in
Council Met at 7:00 p.m., Public Library
September 1995, then withdrew. "He kept
Auditorium.
calling, asking what if we did this? Or this?"
Present: Mayor Duggan, Council Members
Farmland is again discussing buying FDL.
Buol, Krieg, Nicholson, Michalski, Robbins,
The company has offered to pay $10 million,
Voetberg, City Manager Michael Van Milligen,
with a promise to employ at least 1,800
Corporation Counsel Barry Lindahl.
workers within two years. City and county
officials are working to put the financing
Mayor Duggan read the call and stated this
together.
is a Special Session of the City Council called
"Without him (Dickinson), I'd be off doing
for the purpose to consider a financial
something else," said Grazier, who visited the
assistance package for the FDL Foods,
plant Friday.
Farmland Foods Project and acting upon such
other business which may properly come
RESOLUTION NO. 117- 96
before the Council.
A RESOLUTION AUTHORIZING THE
FILING OF AN APPLICATION FOR A FIVE
Council Member Voetberg moved to go into
MILLION DOLLAR ($5,000,000)
Closed Session - In accordance with Ch. 21.5
COMMUNITY ECONOMIC BETTERMENT
1.(c) 1995 Code of Iowa to discuss strategy
ACCOUNT FLOAT LOAN ON BEHALF OF
with counsel in matters that are presently in
FARMLAND FOODS, INC.
litigation AND In accordance with Ch. 21.5 1(j)
WHEREAS, Farmland Foods, Inc. of
to discuss the purchase of particular real
Kansas City, Missouri, has proposed the
estate where premature disclosure could be
acquisition of FDL Foods in the city of
reasonably expected to increase the price the
Dubuque, Iowa; and
governmental body would have to pay for that
WHEREAS, the City Council of Dubuque,
property. Seconded by Council Member
Iowa, has considered said proposal and has
Michalski. Carried by the following vote:
determined that it will greatly benefit the local
Yeas—Mayor Duggan, Council Members
economy; and
Buol, Krieg, Michalski, Nicholson, Robbins,
WHEREAS, the Community Economic
Voetberg. Nays—None.
Betterment Account (CEBA) program has
been created by the Iowa Department of
Council reconvened in Regular Session at
Economic Development to assist the
7:15 with statement that Staff had been given
economic development efforts of local
direction.
jurisdictions; and
WHEREAS, the City of Dubuque, Iowa, is
City Manager recommending a City
eligible to apply for funding from the CEBA
financial assistance package for the FDL
program.
Foods/Farmland Foods Project including: City
NOW THEREFORE, BE IT RESOLVED
Community Development Block Grant Loan of
BY THE CITY COUNCIL OF THE CITY OF
$1,000,000; Section M108 loan of $4,000,000;
DUBUQUE, IOWA:
Tax Increment Financing Obligation of not to
Section 1.That the filing of an
exceed $830,000; and State Community
application for participation in the CEBA
Economic Betterment Account Float Loan of
program on behalf of Farmland Foods, Inc. for
$5,000,000, presented and read. Council
a float loan in an amount of five (5) million
Member Voetberg moved that the
dollars ($5,000,000) is hereby approved.
communication be received and filed.
Section 2.That the Mayor be and he is
Seconded by Council Member Nicholson.
hereby authorized and directed to execute said
Carried by the following vote: Yeas—Mayor
application on behalf of the City of Dubuque,
Duggan, Council Members Buol, Krieg,
Iowa.
Michalski, Nicholson, Robbins, Voetberg.
Section 3.That the City Manager be and
Nays—None.
he is hereby authorized and directed to submit
said application to the Iowa Department of
Carol Dunlap, Chuck Isenhart, Bob Fisch,
Economic Development together with such
Mel Maas, Donna Smith and Andrea Shickles
documents as may be required.
all spoke expressing thanks and appreciation,
Passed, approved and adopted this 8th day
on behalf of the entire community, for the help
of April, 1996.
in the FDL Foods - Farmland Foods project.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
Mayor Duggan stated that the following
Special Session, April 8, 1996
Council Member Voetberg moved adoptionSection 4. That the Mayor of the City
of the Resolution. Seconded by Councilof Dubuque is hereby authorized to consent to
Member Nicholson. Carried by the followingassume the status of a responsible federal
vote: Yeas—Mayor Duggan, Council Membersofficial under the National Environmental
Buol, Krieg, Michalski, Nicholson, Robbins,Protection Act, insofar as the provisions of the
Voetberg. Nays—None. said Act apply to the U.S. Department of
Housing and Urban Development
RESOLUTION NO. 118 -96responsibilities for review, decision making,
A RESOLUTION AUTHORIZINGand action assumed and carried out by the
PUBLICATION OF A COMBINED NOTICECity of Dubuque as to environmental issues.
OF NO SIGNIFICANT IMPACT ON THESection 5. That the Mayor of the City of
ENVIRONMENT AND NOTICE OF INTENTDubuque is hereby authorized to consent
TO REQUEST RELEASE OF FUNDS FORpersonally, in his official capacity and on
THE FDL FOODS, INC. COMMUNITYbehalf of the City of Dubuque, to accept the
DEVELOPMENT BLOCK GRANTjurisdiction of the federal courts if an action is
PROJECT.brought to enforce responsibilities in relation to
Whereas, an environmental assessmentenvironmental review, decision making and
has been completed for the proposedaction.
purchase of FDL Foods, Inc. and for safetySection 6. That the Mayor of the City of
and productivity improvements in the existingDubuque be and he is hereby authorized and
facilities, which are to be financed withdirected to execute a certification pertaining to
Community Development Block Grant funds;the environmental review procedures.
andPassed, approved and adopted this 8th day
Whereas, based on said environmentalof April, 1996.
review, the Department of Community andTerrance M. Duggan, Mayor
Economic Development has determined thatAttest: Mary A. Davis, City Clerk
said project will have no significant impact onCouncil Member Voetberg moved adoption
the environment; andof the Resolution. Seconded by Council
Whereas, combined notice of " Finding ofMember Nicholson. Carried by the following
No Significant Effect on the Environment" andvote: Yeas—Mayor Duggan, Council Members
of "Intent to Request Release of Funds" forBuol, Krieg, Michalski, Nicholson, Robbins,
said project will be sent by regular mail toVoetberg. Nays—None.
various federal, state and local public
agencies; to the appropriate Regional Office ofThere being no further business, Council
the Environmental Protection Agency, to theMember Voetberg moved to adjourn.
HUD Area Office and to the local news media,Seconded by Council Member Robbins.
individuals and groups known to be interestedCarried by the following vote: Yeas—Mayor
and believed to be appropriate to receive suchDuggan, Council Members Buol, Krieg,
a notice; andMichalski, Nicholson, Robbins, Voetberg.
Whereas, any and all comments receivedNays—None. The meeting adjourned at 7:39
as a result of such notice will be dulyp.m.
considered before proceeding with a RequestMary A. Davis CMC
for Release of Funds and Certification.City Clerk
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFApproved , 1997
DUBUQUE, IOWA:
Section 1. That the City Clerk be and she isAdopted , 1997
hereby authorized and directed to publish a
combined " Notice of Finding of No Significant
Impact on the Environment" and "Notice ofMayor
Intent to Request Release of Funds" for the
following identified project and to make the
Environmental Review Record for said project
available for public inspection and comment
until 4:30 p.m. Friday, April 26, 1996. Such
notice shall be in the form of Exhibit "A"
attached hereto and made a part hereof.
The purchase of FDL Foods, Inc. and
safety and productivity improvements in the
existing facilities.
Section 2. That the environmental review
record for the project shall be placed on file in
the Office of the City Clerk where said recordCouncil Members
may be examined and copied by anyAttest:
interested party.
Section 3. That the Mayor of the City ofCity Clerk
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development fifteen (15) days after
publication of appropriate notice a Request for
Release of Funds to undertake said project.
Regular Session, April 15, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved , 1997
Adopted , 1997
City Council, Special Session, Monday,
April 15, 1996
Council met at 5:30 p.m., Public Library Board
Mayor
Room, Second Floor
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
Council Members
a Special Session of the City Council called
Attest:
for the purpose to go into Closed Session to
discuss the purchase of real estate and acting
upon such other business which may properly
City Clerk
come before the Council.
At 5:37 p.m., Council Member Nicholson
moved that they go into Closed Session in
accordance with Ch. 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
Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
Council reconvened in Regular Session at
6:54 p.m. with statement that Staff had been
given direction.
There being no further business, Council
Member Nicholson moved to adjourn the
meeting. Seconded by Council Member
Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. The meeting
adjourned at 6:55 p.m.
Mary A. Davis CMC
City Clerk
Regular Session, April 15, 1996
DUBUQUE
BOARD OF HEALTH
OFFICIAL
Quarterly Board of Health Meeting,
Monday April 15, 1996.
Board Met at 6:55 p.m., Public Library
Auditorium.
Present: Chairperson Duggan, Board
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Absent at Roll Call:
Board Member Robbins.
Chairperson Duggan read the call and
stated this is the Regular Quarterly meeting of
the Board of Health called for the purpose to
act upon such business which may properly
come before the Board.
There being no business to come before
the Board at this time, Board Member
Voetberg moved to adjourn the meeting.
Seconded by Board Member Michalski.
Carried by the following vote:
Yeas—Chairperson Duggan, Board Members
Buol, Krieg, Michalski, Nicholson, Voetberg.
Nays—None. Absent—Board Member
Robbins. The Board of Health meeting
adjourned at 6:58 p.m.
Mary A. Davis CMC
Secretary, Board of Health
Approved , 1997
Adopted ,1997
Chairperson
Board Members
Attest:
Secretary, Board of Health
Regular Session, April 15, 1996
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
DUBUQUE
TCI Cablevision of Dubuque, Inc.
submitting their report for 1995. (Report on
CITY COUNCIL
file in City Clerk's Office), presented and read.
Council Member Nicholson moved that the
report be received and filed. Seconded by
OFFICIAL
Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, Council
City Council, Regular Session, Monday,
Members Buol, Krieg, Michalski, Nicholson,
April 15, 1996.
Robbins, Voetberg. Nays—None.
Council Met at 7:00 p.m., Public Library
Auditorium.
Finance Director submitting financial
Present: Mayor Duggan, Council Members
reports for month of March, 1996, presented
Buol, Krieg, Michalski, Nicholson, Robbins,
and read. Council Member Nicholson moved
Voetberg, City Manager Michael Van Milligen,
that the reports be received and filed.
Corporation Counsel Barry Lindahl.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
Mayor Duggan read the call and stated this
Duggan, Council Members Buol, Krieg,
is the Regular Session of the City Council
Michalski, Nicholson, Robbins, Voetberg.
called for the purpose to act upon such
Nays—None.
business which may properly come before the
Council.
Printed Council proceedings for months of
March and April, 1995, presented and read.
Invocation was given by Pastor Bob
Council Member Nicholson moved that the
Weinhold, Pastor of St. Paul Lutheran
proceedings be approved as printed.
Church.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
PROCLAMATIONS - April 26-28 as
Duggan, Council Members Buol, Krieg,
"Catholic Daughters-Alzheimer's Safe Return
Michalski, Nicholson, Robbins, Voetberg.
Week" received by Virginia Lammers and
Nays—None.
Marjean Gansen; April 27 as Arbor Day"
received by Steve Pregler; April 27 as
NOTICE OF CLAIMS/SUITS — Kathryn
"Community Wide Garage Sale Day" received
Bourkney, in amount of $50.00 for property
by Susie Gilkerson and Dave Klavitter;
damages; Marie Gloria Gaber in unknown
April 29 as "Violence Prevention Week;"
amount for personal injuries; Bridget
May 2 as "Day of Prayer" received by Genese
Stipanovich in estimated amount between
Molitor; May 10-11 as "Sertoma Candy Days"
$6000 to $8000 medical expenses for
received by Winnie Stricker.
personal injuries, presented and read. Council
Member Nicholson moved that the claims and
MINUTES SUBMITTED—Airport
suits be referred to the Legal Staff for
Commission of 3-19 & 3-22; Cable
investigation and report. Seconded by Council
Community Teleprogramming Commission of
Member Robbins. Carried by the following
4-2; Environmental Stewardship Advisory
vote: Yeas—Mayor Duggan, Council Members
Commission of 4-2; Housing Commission of
Buol, Krieg, Michalski, Nicholson, Robbins,
3-12; Human Rights Commission of 3-11;
Voetberg. Nays—None.
Park & Recreation Commission of 3-12;
Zoning Advisory Commission of 4-3; Zoning
Corporation Counsel advising following
Board of adjustment of 3-28, Proofs of
claims have been referred to Crawford &
Publication on List of Claims paid for month
Company, the agent for the Iowa Communities
ending February, 1996; City Council
Assurance Pool: Personal injury of Ronaele E.
proceedings for meeting of March 18, 1996,
Heil; Vehicle damage of Marvin Mueller,
presented and read. Council Member
presented and read. Council Member
Nicholson moved that the minutes and proofs
Nicholson moved that the communication be
and proceedings be received and filed.
received and filed. Seconded by Council
Seconded by Council Member Robbins.
Member Robbins. Carried by the following
Carried by the following vote: Yeas—Mayor
vote: Yeas—Mayor Duggan, Council Members
Duggan, Council Members Buol, Krieg,
Buol, Krieg, Michalski, Robbins, Voetberg.
Michalski, Nicholson, Robbins, Voetberg.
Nays—None.
Nays—None.
Corporation Counsel recommending
Swiss Valley Farms, Co. submitting their
settlements of vehicle damage claim of Carl R.
audit report for fiscal year ending September
Buol in amount of $83.46; Car damage claim
30, 1995 (Report on file in the City Clerk's
of Candace L. Humphrey in amount of
Office), presented and read. Council Member
$111.33 and property damage claim of Steve
Nicholson moved that the report be received
W. Ruden in amount of $100.00, presented
and filed. Seconded by Council Member
and read. Council Member Nicholson moved
Robbins. Carried by the following vote:
that the settlements be approved and Finance
Yeas—Mayor Duggan, Council Members
Director to issue proper checks. Seconded by
Council Member Robbins. Carried by the
Regular Session, April 15, 1996
following vote: Yeas—Mayor Duggan, CouncilDubuque Harbor Company's Addition,
Members Buol, Krieg, Michalski, Nicholson,presented and read. Council Member
Robbins, Voetberg. Nays—None. Nicholson moved that this be referred to the
City Manager and Staff. Seconded by Council
Corporation Counsel recommendingMember Robbins. Carried by the following
following denials: vehicle damage claim ofvote: Yeas—Mayor Duggan, Council Members
Harley & Sherry Pothoff; Car damage of JaneBuol, Krieg, Michalski, Nicholson, Robbins,
Smith, presented and read. Council MemberVoetberg. Nays—None.
Nicholson moved that they receive and file theZoning Advisory Commission advising of
communications and approve the denials.their approval of Final Plat of property located
Seconded by Council Member Robbins.in Rolling Meadows Subdivision located South
Carried by the following vote: Yeas—Mayorof JFK Road near Union Park Road,
Duggan, Council Members Buol, Krieg,presented and read. Council Member
Michalski, Nicholson, Robbins, Voetberg.Nicholson moved that the communication be
Nays—None. received and filed. Seconded by Council
Member Robbins. Carried by the following
Robert & Carol Leach requesting vacationvote: Yeas—Mayor Duggan, Council Members
of alley behind their home at 2593 FultonBuol, Krieg, Michalski, Robbins, Voetberg.
Street, presented and read. Council MemberNays—None.
Nicholson moved that this be referred to the
City Manager and Staff. Seconded by CouncilRESOLUTION NO. 119-96
Member Robbins. Carried by the followingRESOLUTION APPROVING
vote: Yeas—Mayor Duggan, Council MembersTHE FINAL PLAT OF LOTS 1
Buol, Krieg, Michalski, Nicholson, Robbins,OF 27 - 6 OF 27, INCLUSIVE,
Voetberg. Nays—None. AND 1 OF 28 - 3 OF 28,
INCLUSIVE, OF ROLLING
Barbara Lombardi requestingMEADOWS SUBDIVISION, AS
consideration be given by Council regardingCOMPRISED OF LOTS 27 AND
long distance phone calls between Dubuque28 OF ROLLING MEADOWS
and surrounding cities within a 40 mile or soSUBDIVISION IN THE CITY OF
radius, presented and read. Council MemberDUBUQUE, IOWA.
Nicholson moved that this be referred to theWhereas, there has been filed with the
City Manager and Staff. Seconded by CouncilCity Clerk a final plat of Lots 1 of 27 - 6 of 27
Member Robbins. Carried by the followinginclusive and 1 of 28 - 3 of 28, inclusive, of
vote: Yeas—Mayor Duggan, Council MembersRolling Meadows Subdivision, as comprised of
Buol, Krieg, Michalski, Nicholson, Robbins,Lots 27 and 28 of Rolling Meadows
Voetberg. Nays—None. Subdivision, in the City of Dubuque, Iowa; and
Whereas, said final plat has been
Bob Felderman submitting his resignationexamined by the Zoning Advisory Commission
from the Environmental Stewardshipand had its approval endorsed thereon; and
Commission effective May 8th; Merle J.Whereas, said final plat has been
Duehr, Jr. submitting his resignation fromexamined by the City Council and they find
Community Development Advisorythat it conforms to the statutes and ordinances
Commission (recently appointed to Civilrelating thereto.
Service Commission) effective immediately,NOW THEREFORE, BE IT RESOLVED
presented and read. Council MemberBY THE CITY COUNCIL OF THE CITY OF
Nicholson moved that the resignations beDUBUQUE, IOWA:
received and filed and accepted with regret.Section 1. That the final plat of Lots 1 of
Seconded by Council Member Robbins.27 - 6 of 27 inclusive and 1 of 28 - 3 of 28,
Carried by the following vote: Yeas—Mayorinclusive of Rolling Meadows Subdivision, as
Duggan, Council Members Buol, Krieg,comprised of Lots 27 and 28 of Rolling
Michalski, Nicholson, Robbins, Voetberg.Meadows Subdivision, in the City of Dubuque,
Nays—None. Iowa is hereby approved and the Mayor and
City Clerk are hereby authorized and directed
Walter Katuin, on behalf of Jim Underhill,to endorse the approval of the City of
requesting authorization to operate andDubuque, Iowa, upon said plat.
maintain a building located within TerminalPassed, approved and adopted this 15th
Street right-of-way, presented and read.day of April, 1996.
Council Member Nicholson moved that this beTerrance M. Duggan, Mayor
referred to the City Manager and Staff.Attest: Mary A. Davis, City Clerk
Seconded by Council Member Robbins.ACCEPTANCE OF
Carried by the following vote: Yeas—MayorRESOLUTION NO. 119-96
Duggan, Council Members Buol, Krieg,I, the undersigned, Dan Lansing, having
Michalski, Nicholson, Robbins, Voetberg.read the terms and conditions of the
Nays—None. Resolution No. 119-96 and being familiar with
the conditions thereof, hereby accept this
Jim Mulgrew requesting to purchase Lot 2-same and agree to the conditions required
1 of Block 16A and that portion of Chartertherein.
Street from the west line of Lot 1A of DubuqueDated in Dubuque, Iowa this 15th day of
Harbor Company's Addition, to the east line ofApril, 1996.
Lot 1, Block 15 and Lot 2, Block 18 ofBy /s/ Dan Lansing
Regular Session, April 15, 1996
Council Member Nicholson movedCity Manager requesting approval of
adoption of the Resolution. Seconded bynominating Randy Peck to serve on Tri-State
Council Member Robbins. Carried by theHealth C.A.R.E. Coalition and Michael Van
following vote: Yeas—Mayor Duggan, CouncilMilligen to serve on the Dubuque Area Labor
Members Buol, Krieg, Michalski, Nicholson,Management Council, presented and read.
Robbins, Voetberg. Nays—None.Council Member Nicholson moved that the
communication be received and filed and
City Manager recommending approval ofnomination approved. Seconded by Council
contract with Iowa Department of PublicMember Robbins. Carried by the following
Health for $4,500 in funding of Local AIDSvote: Yeas—Mayor Duggan, Council Members
Program, presented and read. CouncilBuol, Krieg, Michalski, Nicholson, Robbins,
Member Nicholson moved that theVoetberg. Nays—None.
communication be received and filed.
Seconded by Council Member Robbins.City Manager recommending final
Carried by the following vote: Yeas—Mayoracceptance of the Phase II Improvements at
Duggan, Council Members Buol, Krieg,the Dubuque Water Pollution Control Plant,
Michalski, Nicholson, Robbins, Voetberg.presented and read. Council Member
Nays—None. Nicholson moved that the communication be
received and filed. Seconded by Council
RESOLUTION NO. 120-96Member Robbins. Carried by the following
A RESOLUTION AUTHORIZING THE CITYvote: Yeas—Mayor Duggan, Council Members
MANAGER OR HIS DESIGNEE TO SIGN ABuol, Krieg, Michalski, Nicholson, Robbins,
CONTRACT WITH THE IOWAVoetberg. Nays—None.
DEPARTMENT OF PUBLIC HEALTH FOR
FUNDING A LOCAL AIDS COALITIONRESOLUTION NO. 121-96
PROGRAM.ACCEPTING IMPROVEMENT
Whereas, the Iowa Department of PublicWhereas, the contract for the Phase II
Health has offered to provide financial supportImprovements at the Dubuque Water Pollution
for local AIDS Programs in the City ofControl Plant has been completed and the
Dubuque; andCity's consultant, Strand Associates, Inc.,
Whereas, the City of Dubuque desires toMadison, Wisconsin, has recommended
establish and maintain such local AIDSacceptance of the project.
Programs; andNOW THEREFORE, BE IT RESOLVED
Whereas, the Iowa Department of PublicBY THE CITY COUNCIL OF THE CITY OF
Health has presented the City Health ServicesDUBUQUE, IOWA:
Department a proposed contract for funding,Section 1. That the recommendation of the
a copy of which is attached hereto.City Manager be approved and that said
NOW, THEREFORE, BE IT RESOLVEDimprovement be accepted.
BY THE CITY COUNCIL OF THE CITY OFPassed, approved and adopted this 15th
DUBUQUE, IOWA:day of April, 1996.
Section 1. That the City of Dubuque, Iowa,Terrance M. Duggan, Mayor
hereby approves the attached AIDS coalitionATTEST: Mary A. Davis, City Clerk
contract between the Iowa Department ofCouncil Member Nicholson moved
Public Health and the City of Dubuque, Iowa.adoption of the Resolution. Seconded by
Section 2. That the City Manager or hisCouncil Member Robbins. Carried by the
designee is hereby authorized and directed tofollowing vote: Yeas—Mayor Duggan, Council
execute said contracts on behalf of the City ofMembers Buol, Krieg, Michalski, Nicholson,
Dubuque, Iowa.Robbins, Voetberg. Nays—None.
Passed, approved and adopted this 15thRESOLUTION NO. 122-96
day of April, 1996.FINAL ESTIMATE
Terrance M. Duggan, MayorWhereas, the contract for the Phase II
Attest: Mary A. Davis, City ClerkImprovements at the Dubuque Water Pollution
Council Member Nicholson movedControl Plant has been completed and the City
adoption of the Resolution. Seconded byhas submitted the final estimate showing the
Council Member Robbins. Carried by thecost thereof.
following vote: Yeas—Mayor Duggan, CouncilNOW THEREFORE, BE IT RESOLVED
Members Buol, Krieg, Michalski, Nicholson,BY THE CITY COUNCIL OF THE CITY OF
Robbins, Voetberg. Nays—None. DUBUQUE, IOWA:
City Manager recommending approval ofSection 1. That the cost of said
Administrative Services Agreement withimprovement is hereby determined to be
ProVantage for the City's prescription drug$2,137,462.
program, presented and read. CouncilSection 2. That the final payment of
Member Nicholson moved that the$106,873 be paid to Gridor Construction, Inc.,
communication be received and filed andin accordance with State statutes from funds
approved. Seconded by Council Memberin the Water Pollution Control Plant CIP
Robbins. Carried by the following vote:budget.
Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 15th
Buol, Krieg, Michalski, Nicholson, Robbins,day of April, 1996.
Voetberg. Nays—None. Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
Regular Session, April 15, 1996
Council Member Nicholson movedWhereas, applications for Licenses have
adoption of the Resolution. Seconded bybeen submitted to this Council for
Council Member Robbins. Carried by theapproval and the same have been examined
following vote: Yeas—Mayor Duggan, Counciland approved; and
Members Buol, Krieg, Michalski, Nicholson,Whereas, the premises to be occupied by
Robbins, Voetberg. Nays—None. such applicants were inspected and found to
comply with the State Laws and all City
RESOLUTION NO. 123-96Ordinances relevant thereto and they have
NOW, THEREFORE, BE IT RESOLVEDfiled proper bonds.
BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF
That the following having complied withDUBUQUE, IOWA:
the provisions of law relating to the saleThat the Manager be authorized to cause
of Cigarettes within the City of Dubuque, Iowa,to be issued the following named applicants
be granted a permit to sell Cigarettes anda Liquor License.
Cigarette Papers within said City.CLASS "A" (CLUB)\
ArCon, Inc.Arby's & C-StoreBEER/LIQUOR LICENSE
10 Main StLoyal Order Moose#355
Passed, approved and adopted this 15thLoyal Order of Moose #355+(Sunday Sales)
day of April, 1996.1166 Main St
Terrance M. Duggan, Mayor CLASS "C" (COMMERCIAL)
Attest: Mary A. Davis, City ClerkBEER/LIQUOR LICENSE
Council Member Nicholson movedDonna GinterWest Dubuque Tap
adoption of the Resolution. Seconded by+(Sunday Sales)1701 Asbury Rd.
Council Member Robbins. Carried by theJeannine A. KerschIdle Hour
following vote: Yeas—Mayor Duggan, Council +(Sunday Sales)1555 Central Ave.
Members Buol, Krieg, Michalski, Nicholson,Central Tap Inc.Central Tap Inc.
Robbins, Voetberg. Nays—None. +(Sunday Sales)1046 Central Ave.
RESOLUTION NO. 124-96Aramark Educational Ser.
Whereas, applications for Beer PermitsAramark-Loras College+(Sunday Sales)
have been submitted and filed to this Council1450 Alta Vista
for approval and the same have beenVera L. StoffelCopper Kettle
examined and approved; and 2987 Jackson St.
Whereas, the premises to be occupied byPerron Enterpr.Fat Tuesdays
such applicants were inspected and found to1121 University Ave.
comply with the Ordinances of this City andRiverside Bowl Inc.Riverside Bowl Inc.
have filed proper bonds.(Outdoor Service)1860 Hawthorne St.
NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 10th
BY THE CITY COUNCIL OF THE CITY OFday of April, 1996.
DUBUQUE, IOWA:Terrance M. Duggan, Mayor
That the Manager be authorized to causeAttest: Mary A. Davis, City Clerk
to be issued the following named applicants aCouncil Member Nicholson moved
Beer Permit.adoption of the Resolution. Seconded by
CLASS "B" BEER PERMITCouncil Member Robbins. Carried by the
Northwoods League Inc. following vote: Yeas—Mayor Duggan, Council
Northwoods League+(Sunday & Outdoor Ser)Members Buol, Krieg, Michalski, Nicholson,
Admiral Sheehy Dr. Robbins, Voetberg. Nays—None.
CLASS "B" BEER PERMIT
(SPECIAL 5-DAY EVENT)Approval of Outdoor Services to Liquor
Donna GinterDubuquefestLicense for Chi Chi’s Restaurant at 800
+(Sunday & Outdoor Service)Wacker Dr., subject to all necessary and
Town Clockappropriate documents being received no later
CLASS "C" BEER PERMITthan Friday, April 19, presented and read.
Wareco SystemWareco # 662Council Member Nicholson moved that the
+(Sunday Sales)700 Rhomberg Ave outdoor service be approved. Seconded by
CLASS "BE" BEER/WINE PERMITCouncil Member Robbins. Carried by the
Arcon Inc. Arby's/C-Storefollowing vote: Yeas—Mayor Duggan, Council
+(Sunday Sales)10 Main St.Members Buol, Krieg, Michalski, Nicholson,
Passed, approved and adopted this 15thRobbins, Voetberg. Nays—None.
day of April, 1996Tabled from Council Meeting of 4-1-96
Terrance M. Duggan, Mayor(Motion on floor: "Final Adopt")
Attest: Mary A Davis, City ClerkCommunication from Conlon Construction
Council Member Nicholson movedrequesting approval of revised Links Glen
adoption of the Resolution. Seconded byPlanned Development; Communication from
Council Member Robbins. Carried by theCity Manager regarding revised Links Glen
following vote: Yeas—Mayor Duggan, CouncilPlanned Development project.
Members Buol, Krieg, Michalski, Nicholson,Council Member Voetberg moved that this
Robbins, Voetberg. Nays—None. item be removed from the table. Seconded by
Council Member Buol. Carried by the
RESOLUTION NO. 125-96following vote: Yeas—Mayor Duggan, Council
Regular Session, April 15, 1996
Members Buol, Krieg, Michalski, Nicholson,1)Principal permitted uses shall be limited to:
Robbins, Voetberg. Nays—None. six (6) single family residential dwelling units—[11].
Council Member Voetberg moved that the2)No secondary or contingency uses shall
two communications be received and filed.be permitted.
Seconded by Council Member Buol. Carried3)Accessory uses shall include any use
by the following vote: Yeas—Mayor Duggan,customarily incidental and subordinate to the
Council Members Buol, Michalski, Nicholson,principal use it serves.
Robbins, Voetberg. Nays—Council Member[ ]Parking group—see Section 4-2 of the
Krieg, Nicholson. Zoning Ordinance.
B.Lot and Bulk Regulations.
An Ordinance Amending Zoning Map byDevelopment of land in the PUD District
reclassifying property located at 290 Wartburgshall be regulated as follows:
Place from R-1 Single Family Residential1)All building structures and activities shall
District to PUD Planned Unit Developmentbe located in conformance with the attached
District with a PR Planned Residential Districtconceptual development plan and all final site
Designation and adopting a Conceptualdevelopment plans shall be approved in
Development Plan, with conditions, saidaccordance with provisions of the PUD
Ordinance having been presented and read atDistrict regulations of this ordinance and of
the Council Meeting of 4-1-96, presented forSection 3-5.5 of the Zoning Ordinance.
further action. 2)All buildings and structures shall be in
accordance with the lot and bulk regulations of
(OFFICIAL PUBLICATION)the R-1 Single Family Residential District as
ORDINANCE NO. 23-96established in Section 3-1.1 of the Zoning
AN ORDINANCE AMENDING APPENDIX AOrdinance.
(THE ZONING ORDINANCE) OF THE CITYC.Performance Standards.
OF DUBUQUE CODE OF ORDINANCES BYThe development and maintenance of
RECLASSIFYING HEREINAFTERuses in this PUD District shall be established
DESCRIBED PROPERTY LOCATED ATin conformance with Section 3-5.5 of the
290 WARTBURG PLACE FROM R-1Zoning Ordinance and the following
SINGLE FAMILY RESIDENTIAL DISTRICTstandards:
TO PUD PLANNED UNIT DEVELOPMENT1)Landscaping shall be provided in
DISTRICT WITH A PR PLANNEDcompliance with Section 4-5.3 of the Zoning
RESIDENTIAL DISTRICT DESIGNATIONOrdinance.
AND ADOPTING A CONCEPTUAL2)All utilities, including telephone and cable
DEVELOPMENT PLAN, WITHtelevision, shall be installed underground.
CONDITIONS.3)Parking requirements shall be a minimum
NOW, THEREFORE, BE IT ORDAINEDof 2 off-street parking spaces per dwelling
BY THE CITY COUNCIL OF THE CITY OFunit.
DUBUQUE, IOWA:4)Subdivision plats and improvements plans
Section 1. Appendix A (the Zoningshall be submitted in accordance with Chapter
Ordinance) of the City of Dubuque Code of42 of the City of Dubuque Code of
Ordinances is hereby amended byOrdinances.
reclassifying the hereinafter described5)The private street (Links Drive) is to have
property from R-1 Single Family Residentiala 40 foot right-of-way, a 27-foot wide paved
District to PUD Planned Unit Developmentstreet, including 6 inch curbs on each side of
District with a PR Planned Residentialthe street, and a 75 foot diameter cul-de-sac,
designation and adopting a conceptualwith sidewalks constructed on one side of the
development plan, a copy of which is attachedstreet.
to and made a part hereof, with conditions as6)The final site development plan be
stated below, to wit:reviewed by the Zoning Advisory Commission.
Lot 1 of Lot 1 of Lot 1 of Mineral Lot 139D.Open Space and Recreational Areas
and portions of Lot 1 of Lot 1 of Lot 1 ofThose areas not designated on the
Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineralconceptual development plan for development
Lot 139 and Lot 2 of Lot 1 of Lot 2 ofshall be maintained as open space, as defined
Mineral Lot 139 to the center line of theby Section 8 of the Zoning Ordinance by the
adjoining public right-of-way, all in the Cityproperty owner and/or association.
of Dubuque, Iowa.E.Sign Regulations.
Section 2. Pursuant to Iowa Code SectionThe sign regulations shall be in
414.5 (1993), and as an express condition ofaccordance with the R-1 Single Family
the reclassification, the undersigned propertyResidential District as established in Section
owner(s) agree(s) to the following conditions,4-3.11 of the Zoning Ordinance.
all of which the property owner(s) furtherF.Additional Standards.
agree(s) are reasonable and imposed to1)The conceptual development plan shall be
satisfy the public needs that are causedvalid for a period of 5 years provided a final
directly by the zoning reclassification:site development plan and/or a final
A.Use Regulations.subdivision plat and improvement plans for the
The following regulations shall apply to allprivate street are submitted within two (2)
uses made of land in the above describedyears from the date of approval.
PUD District:G.Transfer of Ownership
Transfer of ownership or lease of property
in this PUD District shall include in the
Regular Session, April 15, 1996
transfer or lease agreement a provision thatSpecifications for the South Fork Interceptor
the purchaser or lessee acknowledgesSanitary Sewer Extension project, presented
awareness of the conditions authorizing theand read. Council Member Nicholson moved
establishment of the district.that the proof be received and filed. Seconded
H.Reclassification of Subject Property. by Council Member Buol. Carried by the
The City of Dubuque, Iowa, may initiatefollowing vote: Yeas—Mayor Duggan, Council
zoning reclassification proceedings to the R-1Members Buol, Krieg, Michalski, Nicholson,
Single Family Residential District inRobbins. Nays—Council Member Voetberg.
accordance with Section 6 of the Zoning
Ordinance if the property owner(s) fail(s) toRESOLUTION NO. 126-96
complete or maintain any of the conditions ofRESOLUTION ADOPTING PLANS AND
this ordinance. SPECIFICATIONS
I.Modifications.Whereas, on the 27th day of March, 1996,
Any modifications of this Ordinance mustplans, specifications, form of contract and
be approved by the City Council in accordanceestimated cost were filed with the City Clerk of
with zoning reclassification proceedings ofDubuque, Iowa for the South Fork Interceptor
Section 6 of the Zoning Ordinance.Sewer Extension.
J.Recording.Whereas, notice of hearing on plans,
A copy of this ordinance shall be recordedspecifications, form of contract, and estimated
at the expense of the property owner(s) withcost was published as required by law.
the Dubuque County Recorder as aNOW THEREFORE, BE IT RESOLVED
permanent record of the conditions acceptedBY THE CITY COUNCIL OF THE CITY OF
as part of this reclassification approval afterDUBUQUE, IOWA:
the adoption of this ordinance. This ordinanceThat the said plans, specifications, form of
shall be binding upon the undersigned andcontract and estimated cost are hereby
his/her heirs, successors and assigns.approved as the plans, specifications, form of
Section 3. The foregoing amendment hascontract and estimated cost for said
heretofore been reviewed by the Zoningimprovements for said project.
Advisory Commission of the City of Dubuque,Passed, adopted and approved this 15th
Iowa.day of April, 1996.
Section 4. The foregoing amendment shallTerrance M. Duggan, Mayor
take effect upon publication, as provided byAttest: Mary A. Davis, City Clerk
law.Council Member Nicholson moved
Passed, approved and adopted this 15thadoption of the Resolution. Seconded by
day of April, 1996.Council Member Buol. Carried by the
Terrance M. Duggan, Mayorfollowing vote: Yeas—Mayor Duggan, Council
ATTEST: Mary A. Davis, City ClerkMembers Buol, Krieg, Michalski, Nicholson,
ACCEPTANCE OF ORDINANCE NO. 23-Robbins. Nays—Council Member Voetberg.
96
I, Tim Conlon, property owner(s), havingProof of publication certified to by the
read the terms and conditions of the foregoingPublisher on Notice to Bidders of the Receipt
Ordinance No. 23-96 and being familiar withof Bids for project and City Manager
the conditions thereof, hereby accept therecommending awarding contract for project to
same and agree to the conditions requiredSproule Construction Company, Inc.,
therein.presented and read. Council Member
Dated this _____ day of ______________,Nicholson moved that the proof and
1996.communication be received and filed.
NOT SIGNED AS OF NOVEMBER 20, 1996Seconded by Council Member Buol. Carried
- NEVER PUBLISHEDby the following vote: Yeas—Mayor Duggan,
By _________________________Council Members Buol, Krieg, Michalski,
Tim ConlonNicholson, Robbins. Nays—Council Member
Conlon ConstructionVoetberg.
Council Member Buol moved final adoption
of the Ordinance, as amended to include a 27'RESOLUTION NO. 127-96
width street with parking restriction removed.AWARDING CONTRACT
Seconded by Council Member Robbins.Whereas, sealed proposals have been
Carried by the following vote: Yeas—Mayorsubmitted by contractors for the South Fork
Duggan, Council Members Buol, Krieg,Interceptor Sewer Extension pursuant to
Michalski, Nicholson, Robbins, Voetberg.Resolution No. 110-96 and notice to bidders
Nays—None. published in a newspaper published in the City
of Dubuque, Iowa on the 4th day of April,
Council Member Voetberg moved that the1996.
rules be suspended to allow anyone present toWhereas, said sealed proposals were
address the Council. Seconded by Councilopened and read on the 10th day of April,
Member Nicholson. Carried by the following1996 and it has been determined that the bid
vote: Yeas—Mayor Duggan, Council Membersof Sproule Construction Company, Inc. of
Buol, Krieg, Michalski, Nicholson, Robbins,Galena, Illinois in the amount of $335,411.81
Voetberg. Nays—None. was the lowest bid for the furnishings of all
labor and materials and performing the work
Proof of publication certified to by theas provided for in the plans and specifications.
Publisher on Notice of Hearing on Plans and
Regular Session, April 15, 1996
NOW THEREFORE, BE IT RESOLVEDSection 16 Dubuque Township, and to the
BY THE CITY COUNCIL OF THE CITY OFcenter line of the abutting John F. Kennedy
DUBUQUE, IOWA:Road, in Dubuque County.
That the contract for the aboveSection 2. That the territory hereby
improvement be awarded to Sprouleannexed shall become a part of the Second
Construction Company, Inc. and the ManagerWard, Eleventh Precinct of the City of
be and is hereby directed to execute a contractDubuque, Iowa.
on behalf of the City of Dubuque for theSection 3. That the City Clerk shall file this
complete performance of the work.Resolution, attached Exhibit A and the petition
BE IT FURTHER RESOLVED:for voluntary annexation with the City
That upon the signing of said contract andDevelopment Board of the State of Iowa.
the approval of the contractor's bond, the CityPassed, approved and adopted this 15th
Treasurer is authorized and instructed today of April, 1996.
return the bid deposits of the unsuccessfulTerrance M. Duggan, Mayor
bidders.Attest: Mary A. Davis, City Clerk
Passed, approved and adopted this 15thCouncil Member Michalski moved adoption
day of April, 1996.of the Resolution. Seconded by Council
Terrance M. Duggan, MayorMember Voetberg. Carried by the following
Attest: Mary A. Davis, City Clerkvote: Yeas—Mayor Duggan, Council Members
Council Member Nicholson movedBuol, Krieg, Michalski, Nicholson, Robbins,
adoption of the Resolution. Seconded byVoetberg. Nays—None.
Council Member Buol. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersProof of publication certified to by the
Buol, Krieg, Michalski, Nicholson, Robbins.Publisher on Notice of Public Hearing to
Nays—Council Member Voetbergconsider disposing of city property known as
851 Kaufmann Avenue and City Manager
Proof of publication certified to by therecommending to dispose of property at 851
Publisher on Notice of Public Hearing toKaufmann Ave., presented and read. Council
consider annexing property located NortheastMember Buol moved that the proof and
of John F. Kennedy Road as requested bycommunication be received and filed.
John & Doris Kivlahan and City ManagerSeconded by Council Member Robbins.
recommending approval of voluntaryCarried by the following vote: Yeas—Mayor
annexation, presented and read. CouncilDuggan, Council Members Buol, Krieg,
Member Michalski moved that the proof andMichalski, Nicholson, Robbins, Voetberg.
communication be received and filed.Nays—None.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—MayorBob & Linda Brenner voiced their
Duggan, Council Members Buol, Krieg,appreciation.
Michalski, Nicholson, Robbins, Voetberg.
Nays—None. RESOLUTION NO. 129-96
RESOLUTION APPROVING THE
RESOLUTION NO. 128-96DISPOSAL OF CITY-OWNED PROPERTY,
RESOLUTION ANNEXING CERTAIN REALSPECIFICALLY, LOT 2 OF LOT 1 OF LOT
ESTATE TO THE CITY OF DUBUQUE,50, LOT 2 OF LOT 1 OF LOT 2 OF LOT 50,
IOWA.LOT 1 OF LOT 1 OF LOT 1 OF LOT 51,
Whereas, John and Doris Kivlahan, asAND LOT 2 OF LOT 2 OF LOT 1 OF LOT
owners of an area approximately 8.98 acres in51, ALL IN “BURTON’S ADDITION IN
size lying immediately adjacent to the City ofLANGWORTHY’S HOLLOW” (SOMETIMES
Dubuque, Iowa, has voluntarily petitioned forCALLED “BURTON’S ADDITION”); LOT 2
annexation of said territory to the City ofOF MINERAL LOT 343; LOT 2 OF LOT 1
Dubuque, as shown on the attached Exhibit A;OF LOT 2 OF MINERAL LOT 344; AND LOT
and2 OF LOT 1 OF “FITZGERALD PLACE”;
Whereas, Chapter 368 of the Code ofALL IN THE CITY OF DUBUQUE, COUNTY
Iowa authorizes the extension of City limits inOF DUBUQUE, IOWA, ACCORDING TO
situations of this character by the adoption ofTHE RECORDED PLAT THEREOF, ALSO
a resolution after notification as required byKNOWN AS 851 KAUFMANN AVENUE, TO
State regulations; andROBERT AND LINDA BRENNER.
Whereas, the future growth andWhereas, pursuant to a notice, duly
development of the City of Dubuque, Iowa,published in the Telegraph Herald newspaper,
make it desirable that said territory be madethe City Council of Dubuque, Iowa, met on the
part of the City of Dubuque, Iowa.15th day of April, 1996, at 7:00 p.m. in the
NOW THEREFORE, BE IT RESOLVEDCarnegie Stout Public Library Auditorium, 11th
BY THE CITY COUNCIL OF THE CITY OFand Bluff Street, Dubuque, Iowa, to consider
DUBUQUE, IOWA:the proposal to dispose of City-owned real
Section 1. That the territorial limits of theestate located at 851 Kaufmann Avenue which
City of Dubuque, Iowa, be and they are herebyproperty is legally described as follows:
extended to include the area comprising theLot 2 of Lot 1 of Lot 50, Lot 2 of Lot 1 of
following described real estate, to wit: Lot 1 ofLot 2 of Lot 50, Lot 1 of Lot 1 of Lot 1 of
1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 3 andLot 51, and Lot 2 of Lot 2 of Lot 1 of Lot
Lot 2 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 151, all in “Burton’s Addition in
of 3 in Helen and Mary Stewart Subdivision,Langworthy’s Hollow” (Sometimes Called
Regular Session, April 15, 1996
“Burton’s Addition”); Lot 2 of Mineral Lot 343;Whereas, the City Council has determined
Lot 2 of Lot 1 of Lot 2 of Mineral Lot 344; andthat Precision Tool & Engineering, Inc. Is
Lot 2 of Lot 1 of “Fitzgerald Place”; all in thequalified to receive loan or grant assistance in
City of Dubuque, County of Dubuque, Iowa,accordance with the factors set forth in
according to the recorded plat thereof.Section 15A.1 of the Iowa code to assist its
Whereas, such property is proposed to berelocation and expansion of the District; and
sold to Robert and Linda Brenner inWhereas, pursuant to published notice,
consideration for Twenty Thousand Dollarsthe City Council has held a public hearing on
($20,000); and the proposition of obligating Tax Increment
Whereas, the City Council of the City ofRevenue to assist Precision Tool &
Dubuque, Iowa, has overruled any and allEngineering, Inc., and has considered and
objections, oral and written, to the proposal tooverruled any and all objections thereto; and
dispose of the interest of the City of Dubuque,whereas, an Assessment Agreement,
Iowa, in the herein and above-named realhereto attached and by this reference made a
estate to the above-named grantees.part hereof, sets forth the terms and
NOW, THEREFORE, BE IT RESOLVEDconditions of a minimum property tax
BY THE CITY COUNCIL OF THE CITY OFassessment and the disbursement of tax
DUBUQUE, IOWA:increment proceeds to Precision Tool &
Section 1. That the disposal of the interestEngineering.
of the City of Dubuque in the above-describedNOW, THEREFORE, BE IT RESOLVED
property to Robert and Linda Brenner isBY THE CITY COUNCIL OF THE CITY OF
hereby approved.DUBUQUE, IOWA:
Section 2. That the Mayor be and he isSection 1. That the Assessment
hereby authorized and directed to execute aAgreement by and among the City of
Quit Claim Deed, and that the City Clerk beDubuque, Precision Tool & Engineering and
and she is hereby directed and authorized tothe City Assessor of the City of Dubuque,
deliver such Deed, conveying the aboveIowa, is hereby approved.
described real estate to the above-namedSection 2. That the Mayor is hereby
grantee.authorized to execute, on behalf of the City
Passed, approved and adopted this 15thCouncil of the City of Dubuque, Iowa, said
day of April, 1996.Assessment Agreement.
Terrance M. Duggan, MayorPassed, approved and adopted this 15th
Attest: Mary A. Davis, City Clerkday of April, 1996.
Council Member Buol moved adoption ofTerrance M. Duggan, Mayor
Resolution Seconded by Council MemberAttest: Mary A. Davis, City Clerk
Robbins. Carried by the following vote:Council Member Nicholson moved
Yeas—Mayor Duggan, Council Membersadoption of the Resolution. Seconded by
Buol, Krieg, Michalski, Nicholson, Robbins,Council Member Krieg. Carried by the
Voetberg. Nays—None. following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Proof of publication certified to by theRobbins, Voetberg. Nays—None.
Publisher on Notice of Meeting on the matterCity Manager responding to matter
of the proposed issuance of not to exceedregarding City's Sidewalk Inspection and
$115,000 in Urban Renewal Tax IncrementRepair Program, presented and read. Council
Revenue Obligations and City ManagerMember Nicholson moved that the
recommending approval of Precision Tool &communication be received and filed.
Engineering, Inc. Assessment Agreement,Seconded by Council Member Robbins.
presented and read. Council MemberCarried by the following vote: Yeas—Mayor
Nicholson moved that the proof andDuggan, Council Members Buol, Krieg,
communicable received and filed. SecondedMichalski, Nicholson, Robbins, Voetberg.
by Council Member Krieg. Carried by theNays—None.
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,City Manager recommending approval of
Robbins, Voetberg. Nays—None.assignment of existing Sewer Use Agreement
with FDL Foods, presented and read. Council
Member Krieg moved that the communication
be received and filed. Seconded by Council
RESOLUTION NO. 130-96Member Nicholson. Carried by the following
RESOLUTION AUTHORIZING THEvote: Yeas—Mayor Duggan, Council Members
EXECUTION OF AN ASSESSMENTBuol, Krieg, Michalski, Nicholson, Robbins,
AGREEMENT WITH PRECISION TOOL &Voetberg. Nays—None.
ENGINEERING, INC.
Whereas, the City Council, after publicRESOLUTION NO. 131-96
hearing, duly adopted an Amended andRESOLUTION CONSENTING TO THE
Restated Urban Renewal Plan for theASSIGNMENT OF THE SEWER USE
Dubuque Industrial Center EconomicAGREEMENT BETWEEN THE CITY OF
Development District; andDUBUQUE, IOWA AND FDL FOODS, INC.,
Whereas, said Plan provides that the CitySUBJECT TO CERTAIN CONDITIONS AND
may undertake special financing activities toAGREEMENTS.
meet the objectives of the Plan and toWhereas, the City of Dubuque, Iowa,
encourage the development of the District; and(City) and FDL Foods, Inc., (FDL) entered into
Regular Session, April 15, 1996
a certain Sewer Use Agreement dated Augustpresented and read. Council Member
1, 1994; andNicholson moved that the communication be
Whereas, the said Sewer Use Agreementreceived and filed. Seconded by Council
prohibits assignment without the prior writtenMember Voetberg. Carried by the following
consent of the City and that a merger, sale ofvote: Yeas—Mayor Duggan, Council Members
the majority of the stock or consolidation shallBuol, Krieg, Michalski, Nicholson, Robbins,
be deemed an assignment for the purposes ofVoetberg. Nays—None.
the Agreement; and
Whereas, FDL wishes to enter into anAn Ordinance Authorizing Bud's Barber
arrangement whereby a wholly ownedShop to construct roof canopy at 503 E. 22nd
subsidiary corporation of Farmland Foods,St., presented and read.
Inc., (Farmland) will be merged in a statutory
merger with FDL, the surviving corporation(OFFICIAL PUBLICATION)
being FDL, which will be wholly owned byORDINANCE NO. 24-96
Farmland and has requested the City toAN ORDINANCE AUTHORIZING BUD'S
consent to the assignment; andBARBER SHOP TO CONSTRUCT ROOF
Whereas the City Council finds that itCANOPY
should consent to the assignment of theNOW, THEREFORE, BE IT ORDAINED
Sewer Use Agreement to FDL, the survivingBY THE CITY COUNCIL OF THE CITY OF
corporation in the merger, subject to certainDUBUQUE, IOWA:
conditions.Section 1. That Bernard E. & Elizabeth A.
NOW, THEREFORE, BE IT RESOLVEDTakes as the owner of the premises known as
BY THE CITY COUNCIL OF THE CITY OF503 E. 22nd Street, Dubuque, Iowa, and
DUBUQUE, IOWA:legally described as Lots 2-2-1 and 1-2-2
Section 1. The assignment of the SewerSanfords Addition and Lot 1-2 of 1-1 L.H.
Use Agreement between the City of DubuqueLangworthy Addition be and they are hereby
and FDL by the merger of FDL with agranted the revocable permit and authority to
subsidiary of Farmland resulting in the survivalconstruct and maintain roof canopy under the
of FDL Foods, Inc., wholly owned byterms and conditions set forth in this
Farmland, is hereby approved and consentedOrdinance.
to, subject to the acceptance of the conditionsSection 2. That such construction shall be
set forth herein.done in accordance with plans heretofore
Section 2. The above consent tosubmitted by permittees and approved by the
assignment is subject to acknowledgment andCity Manager, under the supervision and
consent by the surviving FDL Foods, Inc., thatdirection of the City Manager, and in
the Agreement shall continue in full force andaccordance with all applicable state and
effect, including the provisions relating tofederal laws and regulations, and the
assignment as set forth in the Agreement.Ordinances of the City of Dubuque.
Section 3. This consent to assignmentSection 3. That the permission herein
shall apply only to the assignment asgranted is expressly conditioned on
requested by FDL Foods, Inc., as set forthpermittees' agreement to:
herein and no other assignment as that term isa.Assume any and all liability for damages to
referred to in the Sewer Use Agreement.persons or property which may result from the
Passed, approved and adopted this 15thexistence, location, installation, construction or
day of April, 1996.maintenance of said roof canopy; and
Terrance M. Duggan, Mayorb.Pay on behalf of the City of Dubuque, all
Attest: Mary A. Davis, City Clerksums which the City of Dubuque shall become
ACKNOWLEDGMENT ANDobligated to pay by reason of the liability
CONSENT TO RESOLUTIONimposed upon the City of Dubuque for
FDL Foods, Inc., a wholly owneddamages of any kind resulting from the
subsidiary of Farmland Foods, Inc., andlocation, installation, existence, construction or
Farmland Foods, Inc., hereby acknowledgemaintenance of said roof canopy sustained by
the terms and conditions of Resolution No.any person or persons, caused by accident or
131-96 and fully consent to all such terms andotherwise to defend at its own expense and on
conditions.behalf of said City any claim against the City
Dated this 1st day of July, 1996.of Dubuque arising out of the location,
Farmland Foods, Inc.installation, existence, construction or
by: /s/ Mark L. Baldwinmaintenance of roof canopy and to pay
Its: Secretary/Treasurer reasonable attorney fees therefor; and
FDL Foods, Inc.c.Indemnify, defend and hold the City of
by: /s/ Mark L. BaldwinDubuque free and harmless from any and all
Its: Secretary/Treasurerclaims, loss, liability and expense for death
Council Member Krieg moved adoption ofand/or injuries to third persons or damages to
the Resolution. Seconded by Council Memberproperty of third persons, or for damage to any
Nicholson. Carried by the following vote:property of the City of Dubuque which may
Yeas—Mayor Duggan, Council Membersoccur as a result of or in connection with the
Buol, Krieg, Michalski, Nicholson, Robbins,location, installation, construction,
Voetberg. Nays—None. maintenance and repair of the facility, work or
improvement permitted herein.
City Manager recommending approval forSection 4. That the permission herein
Bud's Barber Shop to construct a canopy,granted is expressly conditioned upon
Regular Session, April 15, 1996
permittees' further agreement that should theYeas—Mayor Duggan, Council Members
right and privilege herein granted be rescindedBuol, Krieg, Michalski, Nicholson, Robbins,
or revoked by the City Council, permittees, orVoetberg. Nays—None.
their successors in interest, as owners of the
abutting property, shall within ten (10) daysProof of publication certified to by the
after receipt of written notice from the CityPublisher on Notice to Bidders of the Receipt
Manager, so to do, at their own expense,of bids for the Construction of 1996 P.C.
remove said roof canopy and in the event ofConcrete Paving Project - Ramona Street and
their failure to do so, the City of Dubuque shallPamela Court and City Manager rec-
be authorized to remove said roof canopy atommending to award contract for project,
permittees' expense and dispose of the same,presented and read. Council Member Krieg
and the permittee shall have no claim againstmoved that the proof and communication be
the City or its agents for damages resultingreceived and filed. Seconded by Council
from the removal of said roof canopy.Member Buol. Carried by the following vote:
Section 5. That permittees covenant andYeas—Mayor Duggan, Council Members
agree that the revocable permit herein grantedBuol, Krieg, Michalski, Nicholson, Robbins,
does not constitute an approval of the design,Voetberg. Nays—None.
erection, location, construction, repair or
maintenance of said facility and saidRESOLUTION NO. 132-96
permittees hereby covenant and agree not toAWARDING CONTRACT
assert such claim or defense against the CityWhereas, sealed proposals have been
of Dubuque in the event of claim asserted forsubmitted by contractors for the 1996 Portland
death, personal injuries and/or propertyCement Paving Project pursuant to Resolution
damage against the permittees arising out ofNo. 85-96 and notice to bidders published in
or in any way connected with the location,a newspaper published in the City of
installation, construction, design, repair andDubuque, Iowa on the 7th day of March, 1996.
maintenance of the facility herein permitted.Whereas, said sealed proposals were
Section 6. This Ordinance shall becomeopened and read on the 4th day of April, 1996
effective and the rights hereunder accrue toand it has been determined that the bid of
Bernard E. & Elizabeth A. Takes when thisHorsfield Construction, Inc. of Epworth, Iowa
Ordinance has been adopted by the Cityin the amount of $218,763.95 was the lowest
Council and the terms and conditions thereofbid for the furnishings of all labor and
accepted by permittees by acceptancematerials and performing the work as provided
endorsed on this Ordinance.for in the plans and specifications.
Section 7. That the City Clerk be and sheNOW THEREFORE, BE IT RESOLVED
is authorized and directed to file at permittees'BY THE CITY COUNCIL OF THE CITY OF
expense a copy of this ordinance in the OfficeDUBUQUE, IOWA:
of the Recorder in and for Dubuque County,That the contract for the above
Iowa.improvement be awarded to Horsfield
Passed, approved and adopted this 15thConstruction, Inc. and the Manager be and is
day of April, 1996.hereby directed to execute a contract on
Terrance M. Duggan, Mayorbehalf of the City of Dubuque for the complete
Attest: Mary A. Davis, City Clerkperformance of the work.
ACCEPTANCE OFBE IT FURTHER RESOLVED:
ORDINANCE NO. 24-96That upon the signing of said contract and
The undersigned having read and beingthe approval of the contractor's bond, the City
familiar with the terms and conditions ofTreasurer is authorized and instructed to
Ordinance No. 24-96, hereby, for themselves,return the bid deposits of the unsuccessful
their successors or assigns, as owners of thebidders.
abutting property, accept the same and agreePassed, approved and adopted this 15th
to be bound by the conditions and agreementsday of April, 1996.
therein contained to be performed byTerrance M. Duggan, Mayor
permittees.Attest: Mary A. Davis, City Clerk
NOT SIGNED AS OF NOVEMBER 20,Council Member Krieg moved adoption of
1996 - NEVER PUBLISHEDthe Resolution. Seconded by Council Member
By: Buol. Carried by the following vote:
Title: Yeas—Mayor Duggan, Council Members
Dated: Buol, Krieg, Michalski, Nicholson, Robbins,
Council Member Nicholson moved that theVoetberg. Nays—None.
requirement that a proposed Ordinance be
considered and voted on for passage at twoZoning Advisory Commission advising of
Council Meetings prior to the meeting at whichtheir approval to rezone property at 3203
it is to be finally passed be suspended.Jackson Street from C-2 to C-1 to allow an
Seconded by Council Member Voetberg.apartment on the first floor, presented and
Carried by the following vote: Yeas—Mayorread. Council Member Voetberg moved that
Duggan, Council Members Buol, Krieg,the communication be received and filed.
Michalski, Nicholson, Robbins, Voetberg.Seconded by Council Member Nicholson.
Nays—None. Council Member VoetbergCarried by the following vote: Yeas—Mayor
moved final consideration and passage of theDuggan, Council Members Buol, Krieg,
Ordinance. Seconded by Council MemberMichalski, Nicholson, Robbins, Voetberg.
Michalski. Carried by the following vote:Nays—None.
Regular Session, April 15, 1996
An Ordinance Amending Zoning Map bySeconded by Council Member Voetberg.
reclassifying property at 3203 Jackson StreetCarried by the following vote: Yeas—Mayor
from C-2 Neighborhood Shopping CenterDuggan, Council Members Buol, Krieg,
District to C-1 Neighborhood CommercialMichalski, Nicholson, Robbins, Voetberg.
District, presented and read. Council MemberNays—None.
Voetberg moved that the requirement that a
proposed Ordinance be considered and votedAn Ordinance Amending Zoning Map by
on for passage at two Council Meetings priorreclassifying property at 3060 Pennsylvania
to the meeting at which it is to be finallyAve. (Northerly acres) from R-1 Single-Family
passed be suspended. Seconded by CouncilResidential District to R-3 Moderate Density
Member Nicholson. Carried by the followingMulti-Family Residential District, presented
vote: Yeas—Mayor Duggan, Council Membersand read. Council Member Nicholson moved
Buol, Krieg, Michalski, Nicholson, Robbins,that the requirement that a proposed
Voetberg. Nays—None. Council MemberOrdinance be considered and voted on for
Voetberg moved that a Public Hearing be heldpassage at two Council Meetings prior to the
on the proposed Ordinance on the 6th day ofmeeting at which it is to be finally passed be
May, 1996, at 7:00 o'clock p.m. at the Publicsuspended. Seconded by Council Member
Library Auditorium and that the City Clerk beVoetberg. Carried by the following vote:
directed to publish notice in the mannerYeas—Mayor Duggan, Council Members
prescribed by law. Seconded by CouncilBuol, Krieg, Michalski, Nicholson, Robbins,
Member Nicholson. Carried by the followingVoetberg. Nays—None. Council Member
vote: Yeas—Mayor Duggan, Council MembersNicholson moved that a Public Hearing be
Buol, Krieg, Michalski, Nicholson, Robbins,held on the proposed Ordinance on the 6th
Voetberg. Nays—None. day of May, 1996, at 7:00 o'clock p.m. at the
Public Library Auditorium and that the City
Zoning Advisory Commission advising ofClerk be directed to publish notice in the
their approval on a text amendment to themanner prescribed by law. Seconded by
zoning ordinance to allow mortuaries andCouncil Member Voetberg. Carried by the
funeral homes as conditional uses in Singlefollowing vote: Yeas—Mayor Duggan, Council
Family Residential District, presented andMembers Buol, Krieg, Michalski, Nicholson,
read. Council Member Michalski moved thatRobbins, Voetberg. Nays—None.
the communication be received and filed.
Seconded by Council Member Nicholson.City Manager requesting public hearing be
Carried by the following vote: Yeas—Mayorheld providing for amendment to FY'96
Duggan, Council Members Buol, Krieg,Budget, presented and read. Council Member
Michalski, Nicholson, Robbins, Voetberg.Voetberg moved that the communication be
Nays—None. received and filed. Seconded by Council
Member Buol. Carried by the following vote:
An Ordinance Amending Zoning Ordi-Yeas—Mayor Duggan, Council Members
nance by adding a new Section 3-1.1(D) toBuol, Krieg, Michalski, Nicholson, Robbins,
allow Mortuaries and Funeral Homes as aVoetberg. Nays—None.
conditional use in the R-1 Single-Family
Residential District, presented and read.RESOLUTION NO. 133-96
Council Member Michalski moved that theRESOLUTION DIRECTING THE CITY
requirement that a proposed Ordinance beCLERK TO PUBLISH PROPOSED
considered and voted on for passage at twoAMENDMENT TO THE FISCAL YEAR 1996
Council Meetings prior to the meeting at whichBUDGET AND DATE OF PUBLIC HEARING
it is to be finally passed be suspended.
Seconded by Council Member Nicholson.Whereas, it is proposed that the City of
Carried by the following vote: Yeas—MayorDubuque amend its Fiscal Year 1996 budget;
Duggan, Council Members Buol, Krieg,and
Michalski, Nicholson, Robbins, Voetberg.Whereas, Section 384.16 of the Code of
Nays—None. Council Member Michalski
Iowa stipulates that a public hearing must be
moved that a Public Hearing be held on the
held on such a budget amendment.
proposed Ordinance on the 6th day of May,
NOW, THEREFORE, BE IT RESOLVED
1996, at 7:00 o'clock p.m. at the Public Library
BY THE CITY COUNCIL OF THE CITY OF
Auditorium and that the City Clerk be directed
DUBUQUE, IOWA:
to publish notice in the manner prescribed by
Section 1. That the City Clerk by and is
law. Seconded by Council Member Nicholson.
hereby authorized and directed to publish
Carried by the following vote: Yeas—Mayor
notice of public hearing on an amendment to
Duggan, Council Members Buol, Krieg,
the adopted budget for the City of Dubuque,
Michalski, Nicholson, Robbins, Voetberg.
Iowa.
Nays—None.
Passed, approved and adopted this 15th
day of April, 1996.
Zoning Advisory Commission advising of
Terrance M. Duggan, Mayor
their approval to rezone property at 3060
Attest: Mary A. Davis, City Clerk
Pennsylvania Avenue from R-1 to R-3 to allow
Council Member Voetberg moved adoption
for the reuse of the existing single-family
of the Resolution and directed date of public
structure as a funeral home, presented and
hearing be held on May 6, 1996. Seconded by
read. Council Member Nicholson moved that
Council Member Buol. Carried by the following
the communication be received and filed.
vote: Yeas—Mayor Duggan, Council Members
Regular Session, April 15, 1996
Buol, Krieg, Michalski, Nicholson, Robbins,Attest: Mary A. Davis, City Clerk
Voetberg. Nays—None. Council Member Robbins moved adoption
of the Resolution. Seconded by Council
City Manager submitting documentsMember Nicholson. Carried by the following
providing for bidding process for the City Hallvote: Yeas—Mayor Duggan, Council Members
Basement Window Replacement, presentedBuol, Krieg, Michalski, Nicholson, Robbins,
and read. Council Member Robbins movedVoetberg. Nays—None.
that the communication be received and filed.
Seconded by Council Member Nicholson.RESOLUTION NO. 136-96
Carried by the following vote: Yeas—MayorORDERING BIDS
Duggan, Council Members Buol, Krieg,NOW THEREFORE, BE IT RESOLVED
Michalski, Nicholson, Robbins, Voetberg.BY THE COUNCIL OF THE CITY OF
Nays—None. DUBUQUE, IOWA:
That the City Hall Basement Window
RESOLUTION NO. 134-96Replacement Project is hereby ordered to be
PRELIMINARY APPROVAL OF PLANSadvertised for bids for construction.
AND SPECIFICATIONSBE IT FURTHER RESOLVED, that the
NOW THEREFORE, BE IT RESOLVEDamount of the security to accompany each bid
BY THE CITY COUNCIL OF THE CITY OFshall be in an amount which shall conform to
DUBUQUE, IOWA:the provisions of the notice to bidders hereby
That the proposed plans, specifications,approved as a part of the plans and
form of contract and estimated cost for thespecifications heretofore adopted.
City Hall Basement Window ReplacementThat the City Clerk is hereby directed to
Project, in the estimated amount ofadvertise for bids for the construction of the
$66,305.00, are hereby approved and orderedimprovements herein provided, to be published
filed in the office of the City Clerk for publicin a newspaper having general circulation in
inspection.the City of Dubuque, Iowa, which notice shall
Passed, adopted and approved this 15thnot be less than four days nor more than
day of April, 1996.twenty days prior to the receipt of said bids at
Terrance M. Duggan, Mayor2:00 p.m. on the 25th day of April, 1996. Bids
Attest: Mary A. Davis, City Clerkshall be opened and read by the City Clerk at
Council Member Robbins moved adoptionsaid time and will be submitted to the Council
of the Resolution. Seconded by Councilfor final action at 7:00 p.m. on the 6th day of
Member Nicholson. Carried by the followingMay, 1996.
vote: Yeas—Mayor Duggan, Council MembersPassed, adopted and approved this 15th
Buol, Krieg, Michalski, Nicholson, Robbins,day of April, 1996.
Voetberg. Nays—None. Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
RESOLUTION NO. 135-96Council Member Robbins moved adoption
FIXING DATE OF HEARING ON PLANSof the Resolution. Seconded by Council
AND SPECIFICATIONSMember Nicholson. Carried by the following
Whereas, the City Council of the City ofvote: Yeas—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 submitting documents
Clerk for public inspection of the City Hallproviding for bidding process for Maus Lake
Basement Window Replacement Project.Pumphouse Project, presented and read.
NOW THEREFORE, BE IT RESOLVEDCouncil Member Robbins moved that the
BY THE CITY COUNCIL OF THE CITY OFcommunication be received and filed.
DUBUQUE, IOWA:Seconded by Council Member Buol. Carried
That on the 6th day of May, 1996, a publicby the following vote: Yeas—Mayor Duggan,
hearing will be held at 7:00 p.m. in the PublicCouncil Members Buol, Krieg, Michalski,
Library Auditorium at which time interestedNicholson, Robbins, Voetberg. Nays—None.
persons may appear and be heard for or
against the proposed plans and specifications,RESOLUTION NO. 137-96
form of contract and cost of said improvement,PRELIMINARY APPROVAL OF PLANS
and the City Clerk be and is hereby directed toAND SPECIFICATIONS
cause a notice of time and place of suchNOW THEREFORE, BE IT RESOLVED
hearing to be published in a newspaper havingBY THE CITY COUNCIL OF THE CITY OF
general circulation in the City of Dubuque,DUBUQUE, IOWA
Iowa, which notice shall be not less than fourThat the proposed plans, specifications,
days nor more than twenty days prior to theform of contract and estimated cost for the
day fixed for its consideration. At the hearing,Operations and Maintenance Department
any interested person may appear and fileMaus Lake Pumphouse Project, in the
objections to the proposed plans,estimated amount of $22,680.00, are hereby
specifications, contract, or estimated cost ofapproved and ordered filed in the office of the
the improvement.City Clerk for public inspection.
Passed, adopted and approved this 15thPassed, adopted and approved this 15th
day of April, 1996.day of May, 1996.
Terrance M. Duggan, MayorTerrance M. Duggan, Mayor
Regular Session, April 15, 1996
Attest: Mary A. Davis, City Clerkthe City of Dubuque, Iowa, which notice shall
Council Member Robbins moved adoptionnot be less than four days nor more than
of the Resolution. Seconded by Counciltwenty days prior to the receipt of said bids at
Member Buol. Carried by the following vote:10:00 a.m. on the 9th day of May, 1996. Bids
Yeas—Mayor Duggan, Council Membersshall be opened and read by the City Clerk at
Buol, Krieg, Michalski, Nicholson, Robbins,said time and will be submitted to the Council
Voetberg. Nays—None. for final action at 7:00 p.m. on the 3rd day of
June, 1996.
RESOLUTION NO. 138-96Passed, adopted and approved this 15th
FIXING DATE OF HEARING ON PLANSday of April, 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 Robbins moved adoption
approval on the proposed plans,of the Resolution. Seconded by Council
specifications, and form of contract andMember Buol. Carried by the following vote:
placed same on file in the office of the CityYeas—Mayor Duggan, Council Members
Clerk for public inspection of the OperationsBuol, Krieg, Michalski, Nicholson, Robbins,
and Maintenance Department Maus LakeVoetberg. Nays—None.
Pumphouse Project.
NOW THEREFORE, BE IT RESOLVEDThere being no further business, Council
BY THE CITY COUNCIL OF THE CITY OFMember Krieg moved to adjourn. Seconded by
DUBUQUE, IOWA:Council Member Nicholson. Carried by the
That on the 3rd day of June, 1996, afollowing vote: Yeas—Mayor Duggan, Council
public hearing will be held at 7:00 p.m. in theMembers Buol, Krieg, Michalski, Nicholson,
Public Library Auditorium at which timeRobbins, Voetberg. Nays—None. The
interested persons may appear and be heardmeeting adjourned at 8:13 p.m.
for or against the proposed plans and
specifications, form of contract and cost ofMary A. Davis CMC
said improvement, and the City Clerk be andCity Clerk
is hereby directed to cause a notice of time
and place of such hearing to be published in aApproved , 1997
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall notAdopted , 1997
be less than four days nor more than twenty
days prior to the day fixed for its consideration.
At the hearing, any interested person mayMayor
appear and file objections to the proposed
plans, specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this 15th
day of April, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. Council Members
Attest:
RESOLUTION NO. 139-96City Clerk
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Operations and Maintenance
Department Maus Lake Pumphouse Project is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in