1996 May Council ProceedingsRegular Session, May 6, 1996
Yeas—Mayor Duggan, Council Members
DUBUQUE
Buol, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
Member Krieg.
CITY COUNCIL
Investment Oversight Commission
submitting their Quarterly Investment reports
OFFICIAL
through March 31, 1996; Convention and
PROCEEDINGS
Visitors Bureau submitting their Third Quarter
Report; and Substance Abuse Services
Center submitting a Third Quarter Report of
City Council, Regular Session, May 6,
High Risk Youth Programs, presented and
1996.
read. Council Member Nicholson moved that
Council Met at 7:00 P.M. at the Public
the reports be received and filed. Seconded
Library Auditorium.
by Council Member Robbins. Carried by the
Present: Mayor Duggan, Council Members
following vote: Yeas—Mayor Duggan, Council
Buol, Nicholson, Robbins, Voetberg, City
Members Buol, Michalski, Nicholson,
Manager Michael Van Milligen, Corporation
Robbins, Voetberg. Nays—None.
Counsel Barry Lindahl.
Absent—Council Member Krieg.
Absent at Roll Call: Council Member
Michalski.
Printed Council proceedings for months of
Absent: Council Member Krieg.
May, June & July, 1995 presented for
approval, presented and read. Council
Mayor Duggan read the call and stated this
Member Nicholson moved that the
is the Regular Session of the City Council
proceedings be approved as printed.
called for the purpose to act upon such
Seconded by Council Member Robbins.
business which may properly come before the
Carried by the following vote: Yeas—Mayor
Council.
Duggan, Council Members Buol, Michalski,
Nicholson, Robbins, Voetberg. Nays—None.
Council Member Michalski entered the
Absent—Council Member Krieg.
Chambers at 7:03 p.m.
Proofs of Publication on published Council
Invocation was given by Rev. David
Proceedings for 3-25, 4-1, 4-2 & 4-8 and
Pacholke, Chaplain of The Finley Hospital.
Proof of publication certified to by the
Publisher on Notice of Claims paid for month
PROCLAMATIONS — Month of May as
of March, and Proof of publication certified to
"Mental Health Month" received by Mavonne
by the Publisher on Combined public notices
Gansen; Month of May as "Foster Care
for Community Development Block Grant
Month"; Month of May as "Electrical Safety
funds project (Purchase of FDL Foods, Inc.),
Month" received by Dan Hammel; May 12-18
presented and read. Council Member
as "Hospital Week" received by Rod Tokheim
Nicholson moved that the proofs be received
from Mercy and Rev. David Pacholke from
and filed. Seconded by Council Member
The Finley Hospital; May 12-18 as "Historic
Robbins. Carried by the following vote:
Preservation Week 1996"; May 13-17 as
Yeas—Mayor Duggan, Council Members
"Retired Federal Employees Week" received
Buol, Michalski, Nicholson, Robbins,
by Bill Gasper and Marie Schenke; May 13-19
Voetberg. Nays—None. Absent—Council
as "Peace Officers Week" and May 19 as
Member Krieg.
"Peace Officers Memorial Day" received by
Rev. David Pacholke, MaryLee Cox, osf, and
NOTICES OF CLAIMS/SUITS - Timothy
Rev. Woody Allabough.
Carroll in estimated amount of $700.00 to
$1000.00 for personal injuries; Kendall Day in
Walt Stevenson, Pres. of the IA Public
amount of $200.00 for property damage; Rob
Transit Assn. introduced Transit officials from
Dunkel in amount of $108.70 for vehicle
the State and other Cities in Iowa, as well as
damages; St. Paul & Marine Insurance
Transit Staff and Mrs. Wm. Kohler, and made
Company on behalf of their client, Bertha T.
an official presentation and dedication of a
Hallahan, submitting subrogation settlement in
large bronze plaque in honor of Past Transit
amount of $366.24 for property damages;
Manager, Bill Kohler.
Dianne M. Heim, in amount of $8,000 for
personal injuries; Brian Kohn in amount of
MINUTES SUBMITTED — Cable TV
$5,058.35, filed before the Industrial
Regulatory Commission of 4-10; Community
Commissioner for personal injuries; Jean
Development Commission of 2-20 & 4-23;
Miller in unknown amount for personal injuries;
Five Flags Commission of 4-15; Investment
Sheila G. Rudin in amount of $126.92 for
Oversight Commission of 4-18; Housing Code
vehicle damages, presented and read.
Appeals Board of 3-19; Housing Commission
Council Member Nicholson moved that the
of 4-9; Park & Recreation Commission of 4-9;
claims and suits be referred to the Legal Staff
Transit Trustee Board of 3-21 & 4-4,
for investigation and report. Seconded by
presented and read. Council Member
Council Member Robbins. Carried by the
Nicholson moved that the minutes be received
following vote: Yeas—Mayor Duggan, Council
and filed. Seconded by Council Member
Members Buol, Michalski, Nicholson,
Robbins. Carried by the following vote:
Regular Session, May 6, 1996
Robbins, Voetberg. Nays—None.including a Clean Water Act Section 404 (b)
Absent—Council Member Krieg. (1) Evaluation, and a draft Finding of No
Significant Impact for the proposed major
IDOT advising of condemnation of certainmaintenance of Lock and Dam 11 which is
rights located in and southeast of the City ofcirculated for a 30 day review period,
Dubuque, presented and read. Councilpresented and read. Council Member
Member Nicholson moved that theNicholson moved that this be referred to the
communication be received and filed.City Manager. Seconded by Council Member
Seconded by Council Member Robbins.Robbins. Carried by the following vote:
Carried by the following vote: Yeas—MayorYeas—Mayor Duggan, Council Members
Duggan, Council Members Buol, Michalski,Buol, Michalski, Nicholson, Robbins,
Nicholson, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. Absent—Council
Absent—Council Member Krieg. Member Krieg.
Corporation Counsel advising personalCity Manager submitting documents and
injury claim of Maria G. Gaber and personalrequesting approval of the adoption of the
injury of Bridget Stipanovich have beenapplication for the Neighborhood
referred to Crawford & Company, the agent forCommunication Program, including selection
the Iowa Communities Assurance Pool,criteria and eligibility requirements, presented
presented and read. Council Memberand read. Council Member Nicholson moved
Nicholson moved that the communication bethat the communication be received and filed
received and filed. Seconded by Counciland approved adoption. Seconded by Council
Member Robbins. Carried by the followingMember Robbins. Carried by the following
vote: Yeas—Mayor Duggan, Council Membersvote: Yeas—Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins,Buol, Michalski, Robbins, Voetberg.
Voetberg. Nays—None. Absent—CouncilNays—None. Absent—Council Member Krieg.
Member Krieg.
City Manager recommending acceptance of
Corporation Counsel recommendingSanitary Sewer improvements and their
settlement of following claims: Propertydedication to the City in Lot 7 of Carmel
damage of Kathryn Bourkney in the amount ofHeights and Lots 5 and 7 of Shady Oaks
$50 and Vehicle damage of Mary Ann WeberSubd., presented and read. Council Member
in amount of $245.57 and directing FinanceNicholson moved that the communication be
Director to issue checks, presented and read.received and filed. Seconded by Council
Council Member Nicholson moved that theMember Robbins. Carried by the following
communication be received and filed andvote: Yeas—Mayor Duggan, Council Members
approved settlement and directed FinanceBuol, Michalski, Robbins, Voetberg.
Director to issue proper checks. Seconded byNays—None. Absent—Council Member Krieg.
Council Member Robbins. Carried by the
following vote: Yeas—Mayor Duggan, CouncilRESOLUTION NO. 140 -96
Members Buol, Michalski, Nicholson,ACCEPTING SANITARY SEWER
Robbins, Voetberg. Nays—None.IMPROVEMENTS IN LOT 7 OF CARMEL
Absent—Council Member Krieg. HEIGHTS AND LOTS 5 AND 7 OF SHADY
OAKS SUBDIVISION IN THE CITY OF
B. Derrick Laukaitis and Irving D. VeleyDUBUQUE, IOWA
requesting vacation and purchase of adjacentWhereas, certain sanitary sewer
vacant lot to their property at 628 W. Eighthimprovements were installed by the developer
St., presented and read. Council Memberof Lot 7 of Carmel Heights and Lots 5 and 7 of
Nicholson moved that this be referred to theShady Oaks Subdivision in the City of
City Manager. Seconded by Council MemberDubuque, Iowa; and
Robbins. Carried by the following vote:Whereas, the improvements have been
Yeas—Mayor Duggan, Council Memberscompleted and the City Engineer has
Buol, Michalski, Nicholson, Robbins,examined the work and that the same has
Voetberg. Nays—None. Absent—Councilbeen completed in accordance with the plans
Member Krieg. approved by the City Engineer and in
conformance with City specifications, and has
City Manager recommending execution ofrecommended that the improvements be
a Special Warranty Deed to release anaccepted by the City Council.
Installment Real Estate Contract issued forNOW, THEREFORE, BE IT RESOLVED
272 Valeria St. to Oliver Kringle, presentedBY THE CITY COUNCIL OF THE CITY OF
and read. Council Member Nicholson movedDUBUQUE, IOWA:
that the communication be received and filedSection 1. That the recommendation of the
and approved execution. Seconded by CouncilCity Manager be approved and that said
Member Robbins. Carried by the followingsanitary sewer in Lot 7 of Carmel Heights and
vote: Yeas—Mayor Duggan, CouncilLots 5 and 7 of Shady Oaks Subdivision in the
Members Buol, Michalski, Nicholson,City of Dubuque, Iowa be and the same is
Robbins, Voetberg. Nays—None.hereby accepted.
Absent—Council Member Krieg. Section 2. That maintenance of said
improvements shall be the responsibility of the
Corps of Engineers, Rock Island District,contractor and the owner for a period of two
submitting an Environmental Assessment,year's from this date.
Regular Session, May 6, 1996
Passed, approved and adopted this 6th dayCity Manager recommending approval of
of May, 1996.lease agreement with the Tri-State Modelers
Terrance M. Duggan, Mayorfor a section of Roosevelt Park for a term of
Attest:two years from May 1, 1996 to April 30, 1998
Karen M. Chesterman, Deputy City Clerkand authorize Mayor to execute agreement,
Council Member Nicholson moved adoptionpresented and read. Council Member
of the Resolution. Seconded by CouncilNicholson moved that the communication be
Member Robbins. Carried by the followingreceived and filed and approved. Seconded by
vote: Yeas—Mayor Duggan, CouncilCouncil Member Robbins. Carried by the
Members Buol, Michalski, Nicholson,following vote: Yeas—Mayor Duggan, Council
Robbins, Voetberg. Nays—None.Members Buol, Michalski, Nicholson,
Absent—Council Member Krieg. Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
City Manager recommending approval of
Amendment to Annual Contributions ContractCity Manager requesting concurrence to
for Section 8 Housing Certificates, presentedmodify the debt repayment schedule for the
and read. Council Member Nicholson movedDubuque Racing Assn. (DRA) fiscal Year that
that the communication be received and filed.ends Nov. 30, 1996 and their prepayment of
Seconded by Council Member Robbins.this year's remaining principal of $631,578.96,
Carried by the following vote: Yeas—Mayorpresented and read. Council Member
Duggan, Council Members Buol, Michalski,Nicholson moved that the communication be
Robbins, Voetberg. Nays—None.received and filed and approved modification.
Absent—Council Member Krieg. Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
RESOLUTION NO. 141-96Duggan, Council Members Buol, Michalski,
RESOLUTION AUTHORIZING EXECUTIONNicholson, Robbins,Voetberg. Nays—None.
OF AN AMENDED ANNUALAbsent—Council Member Krieg.
CONTRIBUTIONS CONTRACT FOR
SECTION 8 EXISTING HOUSINGCity Manager recommending that a
CERTIFICATES, PROGRAM NO. IA08-modification to the Investment instructions
7CE0-018 (REPLACING PROGRAM NO.given to Dubuque Bank & Trust be rescinded
IA05-E087-014)and requesting authorization for execution,
Whereas, contracts for certain programspresented and read. Council Member
under the consolidated Annual ContributionsNicholson moved that the communication be
Contract for Existing Housing Certificates arereceived and filed and approved modification.
periodically scheduled for expiration; andSeconded by Council Member Robbins.
Whereas, the U.S. Department of HousingCarried by the following vote: Yeas—Mayor
and Urban Development extended theseDuggan, Council Members Buol, Michalski,
funding commitments through the offering ofNicholson, Robbins, Voetberg. Nays—None.
amended consolidated contracts; andAbsent—Council Member Krieg.
Whereas, the Department requires
execution of this contract for the City'sRESOLUTION NO. 142-96
continued administration of these funds.Whereas, applications for Beer Permits
NOW, THEREFORE, BE IT RESOLVEDhave been submitted and filed to this Council
BY THE CITY COUNCIL OF THE CITY OFfor approval and the same have been
DUBUQUE, IOWA:examined and approved; and
Section 1. That the Mayor of the City ofWhereas, the premises to be occupied by
Dubuque be and he is hereby authorized andsuch applicants were inspected and found to
directed to execute an amended Annualcomply with the Ordinances of this City and
Contributions Contract, with the U.S.have filed proper bonds.
Department of Housing and UrbanNOW, THEREFORE, BE IT RESOLVED
Development, for Project No. IA08-7CE0-018,BY THE CITY COUNCIL OF THE CITY OF
under Master Annual Contributions ContractDUBUQUE, IOWA:
No. KC-9004-E, on behalf of the City ofThat the Manager be authorized to cause to
Dubuque.be issued the following named applicants a
Section 2. This resolution shall take effectBeer Permit.
immediately.CLASS "B" BEER PERMIT
Passed, approved and adopted this 6th dayDubuque Brewing Co.
of May, 1996.Dubuque Brew Pub+(Sunday & Outdoor Serv)
Terrance M. Duggan, Mayor500 E.4th St.
Attest:CLASS "C" BEER PERMIT
Karen M. Chesterman, Deputy City ClerkMc Cann's Service Inc.
Council Member Nicholson moved adoptionMc Cann's Service Inc.+(Sunday Sales)
of the Resolution. Seconded by Council690 W Locust
Member Robbins. Carried by the followingDubuque Yacht Basin, Inc.
vote: Yeas—Mayor Duggan, CouncilDubuque Yacht Basin, Inc.+(Sunday Sales)
Members Buol, Michalski, Nicholson,1630 E 16th St
Robbins, Voetberg. Nays—None.Passed, approved and adopted this 6th day
Absent—Council Member Krieg. of May, 1996.
Terrance M. Duggan, Mayor
Attest:
Regular Session, May 6, 1996
Karen M. Chesterman, Deputy City ClerkRESOLUTION NO. 144-96
Council Member Nicholson moved adoptionA RESOLUTION APPROVING AN
of the Resolution. Seconded by CouncilAMENDMENT TO THE AGREEMENT WITH
Member Robbins. Carried by the followingMODESTA ELDERNESS CENTER
vote: Yeas—Mayor Duggan, CouncilWhereas, an agreement with Modesta
Members Buol, Michalski, Nicholson,Elderness Center was approved by the City
Robbins, Voetberg. Nays—None.Council on January 15, 1996 by Resolution
Absent—Council Member Krieg. No.12-96; and
Whereas, the City of Dubuque and
RESOLUTION NO. 143-96Modesta now wish to amend said agreement
Whereas, applications for Liquor Licensesto increase project funding from $50,000 to
have been submitted to this Council for$125,000 and to extend the time for project
approval and the same have been examinedcompletion to July 31, 1996.
and approved; andNOW, THEREFORE, BE IT RESOLVED
Whereas, the premises to be occupied byBY THE CITY COUNCIL OF THE CITY OF
such applicants were inspected and found toDUBUQUE, IOWA:
comply with the State Laws and all CitySection 1. That the Amended Grant
Ordinances relevant thereto and they haveAgreement between the City of Dubuque, Iowa
filed proper bonds.and Modesta Elderness Center as attached
NOW, THEREFORE, BE IT RESOLVEDhereto is hereby approved.
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the City Manager is hereby
DUBUQUE, IOWA:authorized and directed to endorse the
That the Manager be authorized to cause toacceptance of the City of Dubuque, Iowa,
be issued the following named applicantsupon said amended agreement.
a Liquor License.Passed approved and adopted this 6th day
CLASS "A" (CLUB) BEERof May, 1996.
AND LIQUOR LICENSETerrance M. Duggan, Mayor
Dubuque Golf & Country ClubAttest:
Dubuque Golf & Country Cl+(Sunday &Karen M. Chesterman, Deputy City Clerk
Outdoor Serv)Council Member Nicholson moved adoption
1800 Randallof the Resolution. Seconded by Council
CLASS "B" (HOTEL-MOTEL)Member Robbins. Carried by the following
BEER AND LIQUOR LICENSEvote: Yeas—Mayor Duggan, Council
WCB Hotels, Inc.Members Buol, Michalski, Nicholson,
Hoffman House Rest/3100 Club Robbins, Voetberg. Nays—None.
(Outdoor Serv)3100 DodgeAbsent—Council Member Krieg.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSECouncil Member Voetberg moved that the
Patricia A. Broesselrules be suspended to allow anyone present to
Corner Tap +(Sunday Sales)address the Council if they so desire.
2093 WashingtonSeconded by Council Member Michalski.
G & J. Inc. Windsor Tap +(Sunday Sales)Carried by the following vote: Yeas—Mayor
2401 WindsorDuggan, Council Members Buol, Michalski,
GMRI, IncNicholson, Robbins, Voetberg. Nays—None.
Olive Garden Italian Rst+(Sunday Sales)Absent—Council Member Krieg.
3350 Dodge St.
Passed, approved and adopted this 6th dayProof of publication certified to by the
of May, 1996.Publisher on Notice of Public Hearing on
Terrance M. Duggan, MayorAmendment of Current City Budget and City
Attest:Manager recommending approval of FY 1996
Karen M. Chesterman, Deputy City ClerkBudget amendment, presented and read.
Council Member Nicholson moved that theCouncil Member Nicholson moved that the
communication be received and filed.proof and communication be received and
Seconded by Council Member Robbins.filed. Seconded by Council Member Buol.
Carried by the following vote: Yeas—MayorCarried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Michalski,Duggan, Council Members Buol, Michalski,
Robbins, Voetberg. Nays—None.Nicholson, Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg. Absent—Council Member Krieg.
City Manager requesting amendment to theCouncil Member Nicholson moved adoption
Agreement with the Modesta Eldernessof the Resolution. Seconded by Council
Center, presented and read. Council MemberMember Buol. Carried by the following vote:
Nicholson moved that the communication beYeas—Mayor Duggan, Council Members
received and filed. Seconded by CouncilBuol, Michalski, Nicholson, Robbins,
Member Robbins. Carried by the followingVoetberg. Nays—None. Absent—Council
vote: Yeas—Mayor Duggan, Council MembersMember Krieg.
Buol, Michalski, Robbins,Voetberg.
Nays—None. Absent—Council Member Krieg.Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider rezoning property at 3203 Jackson
St. from C-2 to C-1 District, presented and
Regular Session, May 6, 1996
read. Council Member Voetberg moved thatthe communication be received and filed.
the proof be received and filed. Seconded bySeconded by Council Member Voetberg.
Council Member Nicholson. Carried by theCarried by the following vote: Yeas—Mayor
following vote: Yeas—Mayor Duggan, CouncilDuggan, Council Members Buol, Michalski,
Members Buol, Michalski, Nicholson,Nicholson, Robbins, Voetberg. Nays—None.
Robbins, Voetberg. Nays—None.Absent—Council Member Krieg.
Absent—Council Member Krieg.
An Ordinance Amending Zoning Ordinance
An Ordinance Amending Zoning Map byby adding a new Section 3-1.1(D) to allow
reclassifying property located at 3203 JacksonMortuaries and Funeral Homes as a
Street from C-2 Neighborhood ShoppingConditional Use in the R-1 Single-Family
Center District to C-1 NeighborhoodResidential District, said Ordinance having
Commercial District to allow an apartment onbeen presented and read at the Council
the First Floor, said Ordinance having beenMeeting of 4-15-96, presented for final action.
presented and read at the Council Meeting of
4-15-96 presented for final action. (OFFICIAL PUBLICATION)
ORDINANCE NO. 26-96
(OFFICIAL PUBLICATION)AN ORDINANCE AMENDING APPENDIX A
ORDINANCE NO. 25-96(THE ZONING ORDINANCE) OF THE CITY
AN ORDINANCE AMENDING APPENDIX AOF DUBUQUE CODE OF ORDINANCES OF
(THE ZONING ORDINANCE) OF THE CITYTHE CITY OF DUBUQUE, IOWA, BY
OF DUBUQUE CODE OF ORDINANCES,ADDING A NEW SECTION 3-1.1(D) TO
BY RECLASSIFYING HEREINAFTERALLOW MORTUARIES AND FUNERAL
DESCRIBED PROPERTY LOCATED ATHOMES AS A CONDITIONAL USE IN THE
3203 JACKSON STREET FROM C-2R-1 SINGLE-FAMILY RESIDENTIAL
NEIGHBORHOOD SHOPPING CENTERDISTRICT.
DISTRICT TO C-1 NEIGHBORHOODNOW, THEREFORE, BE IT ORDAINED
COMMERCIAL DISTRICT TO ALLOW ANBY THE CITY COUNCIL OF THE CITY OF
APARTMENT ON THE FIRST FLOOR.DUBUQUE, IOWA:
NOW, THEREFORE, BE IT ORDAINEDSection 1. That Appendix A (the Zoning
BY THE CITY COUNCIL OF THE CITY OFOrdinance) of the City of Dubuque Code of
DUBUQUE, IOWA:Ordinances is hereby amended by adding a
Section 1. That Appendix A (the Zoningnew Section 3-1.1(D) as follows:
Ordinance) of the City of Dubuque Code of"3-1.1(D) Mortuaries and Funeral Homes,
Ordinances is hereby amended byprovided that:
reclassifying the hereinafter described(a) A minimum lot size of twenty thousand
property from C-2 Neighborhood Shopping(20,000) square feet shall be provided;
Center District to C-1 Neighborhood(b) A minimum lot frontage of one hundred
Commercial District, to wit:(100) feet shall be maintained;
Lot 1 of Linehan Park Addition, and to the(c) The forty (40) percent maximum lot
center line of the adjoining public right-of-coverage shall not be exceeded;
way, all in the City of Dubuque, Iowa.(d) A site plan shall be submitted showing
Section 2. The foregoing amendment hasthe proposed layout of the buildings, parking
heretofore been reviewed by the Zoningarea, drive aisles, and required screening and
Advisory Commission of the City of Dubuque,landscaping according to the site plan
Iowa.provisions of Section 4-4 of this ordinance;
Section 3. This ordinance shall take effect(e)Such use shall be designed, constructed
immediately upon publication, as provided byand maintained in harmony with the residential
law.setting in which it is located; and
Passed, approved and adopted this 6th day(f) The parking group requirements can be
of May, 1996.met [12]".
Terrance M. Duggan, MayorSection 2. The foregoing amendment has
Attest:heretofore been reviewed by the Zoning
Karen M. Chesterman, Deputy City ClerkCommission of the City of Dubuque, Iowa.
Published officially in the Telegraph HeraldSection 3. This ordinance shall take effect
newspaper this 10th day of May, 19961t 5/10immediately upon publication, as provided by
Karen M. Chesterman, Deputy City Clerklaw.
Council Member Voetberg moved finalPassed, approved and adopted this 6th day
consideration and passage of the Ordinance.of May, 1996.
Seconded by Council Member Nicholson.Terrance M. Duggan, Mayor
Carried by the following vote: Yeas—MayorAttest:
Duggan, Council Members Buol, Michalski,Karen M. Chesterman, Deputy City Clerk
Nicholson, Robbins, Voetberg. Nays—None.Published officially in the Telegraph Herald
Absent—Council Member Krieg. newspaper this 17th day of May 1996.
1t 5/17
Proof of publication certified to by theKaren M. Chesterman, Deputy City Clerk
Publisher on Notice of Public Hearing toCouncil Member Buol moved final
consider amendment to Zoning Ordinance toconsideration and passage of the Ordinance,
allow mortuaries and funeral homes as aas amended (to add sixth condition:
conditional use in the R-1 District, presented“designed, constructed and maintained in
and read. Council Member Buol moved thatharmony with the residential setting in which it
Regular Session, May 6, 1996
is located.” Seconded by Council MemberCouncil Member Nicholson moved adoption
Voetberg. Carried by the following vote:of the Resolution. Seconded by Council
Yeas—Mayor Duggan, Council MembersMember Robbins. Carried by the following
Buol, Michalski, Nicholson, Robbins,vote: Yeas—Mayor Duggan, Council
Voetberg. Nays—None. Absent—CouncilMembers Buol, Michalski, Nicholson,
Member Krieg. Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
Proof of publication certified to by the
Publisher on Notice of Public Hearing toProof of publication certified to by the
consider rezoning property at 3060Publisher on Notice to Bidders on Receipt of
Pennsylvania Ave from R-1 to R-3 District,Bids for project and City Manager
presented and read. Council Memberrecommending awarding of contract for
Voetberg moved that the proof be receivedproject, presented and read. Council Member
and filed. Seconded by Council Member Buol.Nicholson moved that the proof and
Carried by the following vote: Yeas—Mayorcommunication be received and filed.
Duggan, Council Members Buol, Michalski,Seconded by Council Member Robbins.
Nicholson, Robbins, Voetberg. Nays—None.Carried by the following vote: Yeas—Mayor
Absent—Council Member Krieg. Duggan, Council Members Buol, Michalski,
Robbins, Voetberg. Nays—None.
An Ordinance Amending Zoning Map byAbsent—Council Member Krieg.
reclassifying property at 3060 Pennsylvania
Ave. (Northerly 2.00 acres) from R-1 Single-RESOLUTION NO. 147 -96
Family Residential District to R-3 ModerateAWARDING CONTRACT
Density Multi-Family Residential District, saidWhereas, sealed proposals have been
Ordinance having been presented and read atsubmitted by contractors for the Mike Strub
the Council Meeting of 4-15-96, nowConstruction Company pursuant to Resolution
presented for further action. Council MemberNo. 136-96 and notice to bidders published in
Voetberg moved that the Ordinance anda newspaper published in the City of
request deny the request for rezoning.Dubuque, Iowa on the 18th day of April, 1996.
Seconded by Council Member Buol. CarriedWhereas, said sealed proposals were
by the following vote: Yeas—Mayor Duggan,opened and read on the 25th day of April,
Council Members Buol, Michalski, Nicholson,1996 and it has been determined that the bid
Robbins, Voetberg. Nays—None.of Mike Strub Construction Company of
Absent—Council Member Krieg. Dubuque, Iowa in the amount of $55,890.00
was the lowest bid for the furnishings of all
Proof of publication certified to by thelabor and materials and performing the work
Publisher on Notice of Hearing on Plans andas provided for in the plans and specifications.
Specifications for City Hall Basement WindowNOW THEREFORE, BE IT RESOLVED
Replacement Project, presented and read.BY THE CITY COUNCIL OF THE CITY OF
Council Member Nicholson moved that theDUBUQUE, IOWA:
proof be received and filed. Seconded byThat the contract for the above improvement
Council Member Robbins. Carried by thebe awarded to Mike Strub Construction
following vote: Yeas—Mayor Duggan, CouncilCompany and the Manager be and is hereby
Members Buol, Michalski, Robbins, Voetberg.directed to execute a contract on behalf of the
Nays—None. Absent—Council MemberCity of Dubuque for the complete performance
Krieg. of the work.
BE IT FURTHER RESOLVED:
RESOLUTION NO. 146-96That upon the signing of said contract and
RESOLUTION ADOPTING PLANS ANDthe approval of the contractor's bond, the City
SPECIFICATIONSTreasurer is authorized and instructed to
Whereas, on the 10th day of April, 1996,return the bid deposits of the unsuccessful
plans, specifications, form of contract andbidders.
estimated cost were filed with the City Clerk ofPassed, approved and adopted this 6th day
Dubuque, Iowa for the City Hall Basementof May, 1996.
Window Replacement Project.Terrance M. Duggan, Mayor
Whereas, notice of hearing on plans,Attest:
specifications, form of contract, and estimatedKaren M. Chesterman, Deputy City Clerk
cost was published as required by law.Council Member Nicholson moved adoption
NOW THEREFORE, BE IT RESOLVEDof the Resolution. Seconded by Council
BY THE CITY COUNCIL OF THE CITY OFMember Robbins. Carried by the following
DUBUQUE, IOWA:vote: Yeas—Mayor Duggan, Council
That the said plans, specifications, form ofMembers Buol, Michalski, Nicholson,
contract and estimated cost are herebyRobbins, Voetberg. Nays—None.
approved as the plans, specifications, form ofAbsent—Council Member Krieg.
contract and estimated cost for said
improvements for said project.Tara Roskopp requesting an appeal on the
Passed, adopted and approved this 6th daytattoo ordinance, presented and read. Tara
of May, 1996.Roskopp spoke stating that the Ordinance
Terrance M. Duggan, Mayorpassed on March 18th does not help her
Attest:establish a Tattoo business because she has
Karen M. Chesterman, Deputy City Clerkbeen totally unsuccessful in procuring a doctor
Regular Session, May 6, 1996
to supervise. She requested that thisSection 2. That the City Clerk be and is
Ordinance be changed to allow her to have herhereby authorized and directed to file a copy of
Tattoo business without this prerequisite.this resolution in the office of the Recorder, in
Council Member Voetberg moved that theyand for Dubuque County, Iowa.
drop the prohibition that limits (the TattooPassed, approved and adopted this 6th day
establishment) to being supervised by aof May, 1996.
physician. Seconded by Council MemberTerrance M. Duggan, Mayor
Robbins. Motion on this was as follows:Attest:
Yeas—Mayor Duggan, Council Members Karen M. Chesterman, Deputy City Clerk
Robbins, Voetberg. Nays—Council MembersCouncil Member Buol moved adoption of
Buol, Michalski, Nicholson. Absent—Councilthe Resolution. Seconded by Council Member
Member Krieg. MOTION FAILED.Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Karl and Jean Kohnen of 2909 WindsorBuol, Michalski, Nicholson, Robbins,
appealing sidewalk repair situation. KarlVoetberg. Nays—None. Absent—Council
Kohnen spoke stating he is going to replaceMember Krieg.
the specific sidewalk in question in the next
short period of time but that the originalCity Manager submitting Fair Housing
language in the notice is confusing andanalysis of impediments and barriers to fair
contradictory and needs clarification forhousing choice as completed by the Task
others, and also stated that the temporaryForce working with the John Marshall Law
repair has lasted three years. School Fair Housing Legal Support Center
and requesting that this Fair Housing Planning
City Manager recommending denial ofGuide be adopted, presented and read.
appeal, presented and read. Council MemberCouncil Member Voetberg moved that the
Voetberg moved that they concur with the Citycommunication be received and filed.
Manager's denial. Seconded by CouncilSeconded by Council Member Nicholson.
Member Buol. Carried by the following vote:Carried by the following vote: Yeas—Mayor
Yeas—Mayor Duggan, Council MembersDuggan, Council Members Buol, Michalski,
Buol, Michalski, Voetberg. Nays—CouncilNicholson, Robbins, Voetberg. Nays—None.
Members Michalski, Nicholson.Absent—Council Member Krieg.
Absent—Council Member Krieg.
RESOLUTION NO. 149-96
City Manager recommending acceptance ofRESOLUTION ADOPTING A FAIR
land donation from R.V. Mullapudi, M.D. andHOUSING PLANNING GUIDE FOR THE
Nalina Mullapudi located north of PennsylvaniaCITY OF DUBUQUE, IOWA
Avenue and along the Northwest Arterial,Whereas, the City of Dubuque, Iowa, is
presented and read.required by the U.S. Department of Housing
Council Member Buol moved that theand Urban Development to complete an
communication be received and filed.analysis of impediments to fair housing within
Seconded by Council Member Robbins.its jurisdiction; and
Carried by the following vote: Yeas—MayorWhereas, the City of Dubuque, Iowa is
Duggan, Council Members Buol, Michalski,interested in identifying impediments or
Nicholson, Robbins, Voetberg. Nays—None.barriers to fair housing in our community; and
Absent—Council Member Krieg. Whereas, the John Marshall Law School
Fair Housing Legal Support Center was hired
RESOLUTION 148-96to complete the Fair Housing Planning Guide;
RESOLUTION ACCEPTING QUIT CLAIMand
DEED FROM R.V. MULLAPUDI, M.D. ANDWhereas, a task force of commissioners
NALINI MULLAPUDI FOR LOT 1 OF LOT 2from the Human Rights, Housing and
OF LOT 1 OF BYRNE'S SUBDIVISION INCommunity Development Commissions
THE CITY OF DUBUQUE, IOWA.worked with the consultants to develop the
Whereas, the City of Dubuque has amongguide; and
other things agreed to accept a Quit ClaimWhereas, the City’s Community
Deed from R.V. Mullapudi, M.D. and NaliniDevelopment Advisory Commission has held
Mullapudi, for Lot 1 of Lot 2 of Lot 1 of Byrne'sa public hearing on this Fair Housing Planning
Subdivision in the City of Dubuque, Iowa; andguide and recommends its adoption.
Whereas, all terms and conditions of bothNOW, THEREFORE, BE IT RESOLVED
parties have been satisfied, and the QuitBY THE CITY COUNCIL OF THE CITY OF
Claim Deed dated April 19, 1996 has beenDUBUQUE, IOWA:
delivered to the City.Section 1. That the Fair Housing Planning
NOW, THEREFORE, BE IT RESOLVEDGuide attached hereto and by this reference is
BY THE CITY COUNCIL OF THE CITY OFmade a part hereof is hereby adopted by the
DUBUQUE, IOWA:City Council.
Section 1. That the City Council of the CityPassed, approved and adopted this 6th day
of Dubuque, Iowa hereby approves, acceptsof May, 1996.
and consents to the Quit Claim Deed fromTerrance M. Duggan, Mayor
R.V. Mullapudi, M.D., and Nalini Mullapudi forAttest:
Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision inKaren M. Chesterman, Deputy City Clerk
the City of Dubuque, Iowa.Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Regular Session, May 6, 1996
Member Nicholson. Carried by the followingregulations of the Community Development
vote: Yeas—Mayor Duggan, CouncilBlock Grant Program.
Members Buol, Michalski, Nicholson,Section 3. That upon execution of said
Robbins, Voetberg. Nays—None.contracts, the City Manager is hereby
Absent—Council Member Krieg. authorized and directed to disburse program
funds in support of the approved projects and
City Manager submitting documents andin accordance with the terms and conditions
requesting authorization for the distribution ofestablished in said contracts.
Community Partnership Program (cp2) fundsPassed, approved and adopted this 6th day
for FY '97, presented and read. Councilof May , 1996
Member Nicholson moved that theTerrance M. Duggan, Mayor
communication be received and filed.Attest:
Seconded by Council Member Robbins.Karen M. Chesterman, Deputy City Clerk
Carried by the following vote: Yeas—MayorCouncil Member Nicholson moved adoption
Duggan, Council Members Buol, Michalski,of the Resolution. Seconded by Council
Robbins, Voetberg. Nays—None.Member Robbins. Carried by the following
Absent—Council Member Krieg. vote: Yeas—Mayor Duggan, Council
Members Buol, Michalski, Nicholson,
RESOLUTION NO.150-96Robbins, Voetberg. Nays—None.
RESOLUTION AUTHORIZING THE AWARDAbsent—Council Member Krieg.
OF COMMUNITY PARTNERSHIP
PROGRAM (cp2) FUNDS FOR FISCALRESOLUTION NO.151-96
YEAR 1997.RESOLUTION AUTHORIZING THE AWARD
Whereas, under the provisions of Title I ofOF COMMUNITY PARTNERSHIP
the Housing and Community Development ActPROGRAM (cp2) FUNDS FOR THE FOUR
of 1974, as amended, the City of DubuqueMOUNDS FOUNDATION IN THE AMOUNT
has received Community Development BlockOF $11,606.
Grant (CDBG) funds for the development andWhereas, under the provisions of Title I of
maintenance of a viable urban communitythe Housing and Community Development Act
through the provision of decent housing, aof 1974, as amended, the City of Dubuque
suitable living environment and expandedhas received Community Development Block
economic opportunities for its residents,Grant (CDBG) funds for the development and
particularly those persons of low and moderatemaintenance of a viable urban community
income; andthrough the provision of decent housing, a
Whereas, the Community Partnershipsuitable living environment and expanded
Program (cp2) was developed in response toeconomic opportunities for its residents,
the national goals and objectives of the CDBGparticularly those persons of low and moderate
program; andincome; and
Whereas, guidelines for the implementationWhereas, the Community Partnership
of the Community Partnership Program (cp2)Program (cp2) was developed in response to
were approved by the City Council bythe national goals and objectives of the CDBG
Resolution No. 259-92 on July 20, 1992 andprogram; and
amended by Resolution 18-96 on January 15,Whereas, guidelines for the implementation
1996.of the Community Partnership Program (cp2)
NOW, THEREFORE, BE IT RESOLVEDwere approved by the City Council by
BY THE CITY COUNCIL OF THE CITY OFResolution No. 259-92 on July 20, 1992 and
DUBUQUE, IOWA:amended by Resolution 18-96 on January 15,
Section 1. That the City Council hereby1996.
awards Community Partnership ProgramWhereas, the Four Mounds Foundation has
(cp2) monies to the following organizations.requested Community Partnership Program
The award shall consist of a grant to the(cp2) funds for the of the Summer Day Camp
organization for the identified project and shallProgram.
be for the amount noted below:NOW, THEREFORE, BE IT RESOLVED
Healthy Mouths/HealthyBY THE CITY COUNCIL OF THE CITY OF
Children$10,875DUBUQUE, IOWA:
Hillcrest Family Services-Section 1. That the City Council hereby
Elevator$25,000awards Community Partnership Program
ECIA- Project Self-Reliance$50,000(cp2) monies to the Four Mounds Foundation
Substance Abuse Services Center -in the amount of $11,606 subject to the project
CHOICES$30,519creating an expansion of the existing program
Heartland Housing Initiative (HHI) -and meeting Community Development Block
Residential Advancement$15,000Grant regulations.
Dubuque County Fine ArtsSection 2. That the City Manager be and he
Society$ 7,000is hereby authorized to develop and execute a
TOTAL$ 138,394contract with the Four Mounds Foundation in
Section 2. That the City Manager be and heaccordance with the program guidelines
is hereby authorized to develop and executeestablished for the Community Partnership
contracts with representatives from theProgram and with the regulations of the
aforementioned organizations in accordanceCommunity Development Block Grant
with the program guidelines established for theProgram.
Community Partnership Program and with the
Regular Session, May 6, 1996
Section 3. That upon execution of saidauthorized and directed to disburse program
contract, the City Manager is herebyfunds in support of the approved project and in
authorized and directed to disburse programaccordance with the terms and conditions
funds in support of the approved project and inestablished in said contract.
accordance with the terms and conditionsPassed, approved and adopted this 6th day
established in said contract.of May, 1996
Passed, approved and adopted this 6th dayTerrance M. Duggan, Mayor
of May, 1996Attest:
Terrance M. Duggan, MayorKaren M. Chesterman, Deputy City Clerk
Attest: Council Member Nicholson moved that the
Karen M. Chesterman, Deputy City Clerkcommunication be received and filed.
Seconded by Council Member Robbins.
Council Member Nicholson moved adoptionCarried by the following vote: Yeas—Mayor
of the Resolution. Seconded by CouncilDuggan, Council Members Buol, Michalski,
Member Robbins. Carried by the followingRobbins, Voetberg. Nays—None.
vote: Yeas—Mayor Duggan, CouncilAbsent—Council Member Krieg.
Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg. City Manager submitting documents and
recommending 1997 Annual Action Plan for
RESOLUTION NO.151-96the use of CDBG Funds, presented and read.
RESOLUTION AUTHORIZING THE AWARDCouncil Member Voetberg moved that the
OF COMMUNITY PARTNERSHIPcommunication be received and filed.
PROGRAM (cp2) FUNDS FOR THE FOURSeconded by Council Member Buol. Carried
MOUNDS FOUNDATION IN THE AMOUNTby the following vote: Yeas—Mayor Duggan,
OF $11,606.Council Members Buol, Michalski, Nicholson,
Whereas, under the provisions of Title I ofRobbins, Voetberg. Nays—None.
the Housing and Community Development ActAbsent—Council Member Krieg.
of 1974, as amended, the City of Dubuque
has received Community Development BlockRESOLUTION NO. 152-96
Grant (CDBG) funds for the development andA RESOLUTION ADOPTING THE 1997
maintenance of a viable urban communityANNUAL ACTION PLAN FOR THE USE OF
through the provision of decent housing, aPROGRAM YEAR 22 COMMUNITY
suitable living environment and expandedDEVELOPMENT BLOCK GRANT FUNDS.
economic opportunities for its residents,Whereas, the U.S. Department of Housing
particularly those persons of low and moderateand Urban Development requires each
income; andentitlement city to submit an Annual Action
Whereas, the Community PartnershipPlan, including the proposed use of its
Program (cp2) was developed in response toCommunity Development Block Grant funds,
the national goals and objectives of the CDBGat least 45 days prior to its program year; and
program; andWhereas, the City of Dubuque has, through
Whereas, guidelines for the implementationa series of public meetings and hearings,
of the Community Partnership Program (cp2)finalized an Annual Action Plan addressing
were approved by the City Council byboth housing and non-housing needs in the
Resolution No. 259-92 on July 20, 1992 andcommunity.
amended by Resolution 18-96 on January 15,NOW, THEREFORE, BE IT RESOLVED
1996.BY THE CITY COUNCIL OF THE CITY OF
Whereas, the Four Mounds Foundation hasDUBUQUE, IOWA:
requested Community Partnership ProgramSection 1. That the 1997 Annual Action
(cp2) funds for the of the Summer Day CampPlan for the use of Program Year 22
Program.Community Development Block Grant funds
NOW, THEREFORE, BE IT RESOLVEDattached hereto and by this reference made a
BY THE CITY COUNCIL OF THE CITY OFpart hereof is hereby adopted by the City
DUBUQUE, IOWA:Council.
Section 1. That the City Council herebySection 2. That the City Council authorize
awards Community Partnership Programthe Mayor to sign the document along with all
(cp2) monies to the Four Mounds Foundationcertifications on behalf of the City Council.
in the amount of $11,606 subject to the projectSection 3. That the City Council direct staff
creating an expansion of the existing programto file the adopted 1997 Annual Action Plan
and meeting Community Development Blockwith the U.S. Department of Housing and
Grant regulations.Urban Development by the May 15, 1996
Section 2. That the City Manager be and hesubmission deadline.
is hereby authorized to develop and execute aPassed, approved and adopted this 6th day
contract with the Four Mounds Foundation inof May 1996.
accordance with the program guidelinesTerrance M. Duggan, Mayor
established for the Community PartnershipAttest:
Program and with the regulations of theKaren M. Chesterman, Deputy City Clerk
Community Development Block GrantCouncil Member Voetberg moved adoption
Program.of the Resolution. Seconded by Council
Section 3. That upon execution of saidMember Buol. Carried by the following vote:
contract, the City Manager is herebyYeas—Mayor Duggan, Council Members
Regular Session, May 6, 1996
Buol, Michalski, Nicholson, Robbins,Member Nicholson. Carried by the following
Voetberg. Nays—None. Absent—Councilvote: Yeas—Mayor Duggan, Council
Member Krieg. Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
City Manager submitting documentsAbsent—Council Member Krieg.
outlining changes in the Community
Development Block Grant Program allocationRESOLUTION NO. 154-96
of funding and requesting approval of thisRESOLUTION APPROVING AN
amendment, presented and read. CouncilAMENDMENT TO THE FINAL STATEMENT
Member Michalski moved that theOF COMMUNITY DEVELOPMENT
communication be received and filed.OBJECTIVES AND PROJECTED USE OF
Seconded by Council Member Nicholson.FUNDS FOR THE COMMUNITY
Carried by the following vote: Yeas—MayorDEVELOPMENT BLOCK GRANT 20TH
Duggan, Council Members Buol, Michalski,PROGRAM YEAR (FISCAL YEAR 1995)
Nicholson, Robbins, Voetberg. Nays—None.Whereas, the City of Dubuque prepared
Absent—Council Member Krieg.and filed a Final Statement of Community
Development Objectives and Projected Use of
RESOLUTION NO. 153-96Funds for the Community Development Block
RESOLUTION APPROVING ANGrant 20th Program Year ("Statement") on or
AMENDMENT TO THE FINAL STATEMENTbefore June 1, 1994; and
OF COMMUNITY DEVELOPMENTWhereas, the City of Dubuque now desires
OBJECTIVES AND PROJECTED USE OFto amend said Statement to transfer $111,000
FUNDS FOR THE COMMUNITYof funds from the Moderate-Income Rental
DEVELOPMENT BLOCK GRANT 19THRehab Loan Program, $9,000 from the Home
PROGRAM YEAR (FISCAL YEAR 1994)Ownership Initiative Program and $10,000
Whereas, the City of Dubuque preparedfrom the Renter Data Base to increase funding
and filed a Final Statement of Communityfor Operation Upkeep by $7,700, the Iowa Inn
Development Objectives and Projected Use ofProject by $120,000 and the Rental
Funds for the Community Development BlockUnit/Cost/Vacancy Survey by $2,300 as
Grant 19th Program Year ("Statement") on orshown on the attached table entitled Exhibit B:
before June 1, 1993; and and
Whereas, the City of Dubuque now desiresWhereas, said amendment is a substantial
to amend said Statement to transfer $100,000amendment as provided in the City's Citizen
of funds from the Single Room OccupancyParticipation Plan and must therefore be
Project to the Iowa Inn Project as shown onapproved by resolution of the City Council
the attached table entitled Exhibit A;: andafter a public hearing by the Community
Whereas, said amendment is a substantialDevelopment Advisory Commission; and
amendment as provided in the City's CitizenWhereas, the City advertised a public
Participation Plan and must therefore becomment period beginning March 22, 1996;
approved by resolution of the City Counciland
after a public hearing by the CommunityWhereas, the Community Development
Development Advisory Commission; andAdvisory Commission reviewed the proposed
Whereas, the City advertised a publicamendments at a public hearing on April 23,
comment period beginning March 22, 1996;1996, and has voted to approve said
andamendments and to recommend approval by
Whereas, the Community Developmentthe City Council.
Advisory Commission reviewed the proposedNOW THEREFORE, BE IT RESOLVED
amendments at a public hearing on April 23,BY THE CITY COUNCIL OF THE CITY OF
1996, and has voted to approve saidDUBUQUE, IOWA:
amendments and to recommend approval bySection 1. That the amendment to the Final
the City Council.Statement of Community Development
NOW THEREFORE, BE IT RESOLVEDObjectives and Projected Use of Funds for the
BY THE CITY COUNCIL OF THE CITY OFCommunity Development Block Grant 20th
DUBUQUE, IOWA:Program Year (Fiscal Year 1995) attached
Section 1. That the amendment to the Finalhereto as Exhibit B is hereby approved..
Statement of Community DevelopmentSection 2. That the City Manager is hereby
Objectives and Projected Use of Funds for theauthorized and directed to submit a copy of
Community Development Block Grant 19ththis resolution to the U. S. Department of
Program Year (Fiscal Year '94) attachedHousing and Urban Development.
hereto as Exhibit A is hereby approved..Passed, approved and adopted this 6th day
Section 2. That the City Manager is herebyof May, 1996.
authorized and directed to submit a copy ofTerrance M. Duggan, Mayor
this resolution to the U. S. Department ofAttest:
Housing and Urban Development.Karen M. Chesterman, Deputy City Clerk
Passed, approved and adopted this 6th dayCouncil Member Michalski moved adoption
of May, 1996.of the Resolution. Seconded by Council
Terrance M. Duggan, Mayor Member Nicholson. Carried by the following
Attest: vote: Yeas—Mayor Duggan, Council
Karen M. Chesterman, Deputy City ClerkMembers Buol, Michalski, Nicholson,
Council Member Michalski moved adoptionRobbins, Voetberg. Nays—None.
of the Resolution. Seconded by CouncilAbsent—Council Member Krieg.
Regular Session, May 6, 1996
RESOLUTION NO. 155-96Yeas—Mayor Duggan, Council Members
RESOLUTION APPROVING ANBuol, Michalski, Nicholson, Robbins,
AMENDMENT TO THE 1996 ANNUALVoetberg. Nays—None. Absent—Council
ACTION PLAN FOR THE USE OFMember Krieg.
PROGRAM YEAR 21 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDSCouncil recessed at 9:26; Council
Whereas, the City of Dubuque preparedreconvened at 9:32 p.m.
and filed a 1996 Annual Action Plan for the
use of Program Year 21 CommunityCity Manager submitting documents and
recommending speed limit reduction on North
Development Block Grant funds
Grandview Ave. from Ungs St. to 400 ft. north
("Statement") on or before June 1, 1995; and
of Ungs St. be lowered from 35 miles per hour
Whereas, the City of Dubuque now desires
to 25 miles per hour, presented and read.
to amend said Statement to amend said
Council Member Voetberg moved that the
Statement to transfer $100,000 of funds from
communication be received and filed.
the Housing Trust to increase funding for the
Seconded by Council Member Nicholson.
Iowa Inn Project by $25,000, and the Senior
Carried by the following vote: Yeas—Mayor
Center by $75,000 and to increase Community
Duggan, Council Members Buol, Michalski,
Development Block Grant Administration with
Nicholson, Robbins, Voetberg. Nays—None.
additional program income funds of $120,000
as shown on the attached table entitled ExhibitAbsent—Council Member Krieg.
C: andAn Ordinance Amending the Code of
Whereas, said amendment is a substantialOrdinances of the City of Dubuque, Iowa by
amendment as provided in the City's Citizenrevising Subsection (c) of Section 32-231
Participation Plan and must therefore bethereof providing for the Establishment of
approved by resolution of the City CouncilSpeed Limits on Grandview Ave., presented
after a public hearing by the Communityand read.
Development Advisory Commission; and
Whereas, the City advertised a publicORDINANCE NO. 27-96
comment period beginning March 22, 1996;AN ORDINANCE AMENDING THE CODE
andOF ORDINANCES OF THE CITY OF
Whereas, the Community DevelopmentDUBUQUE, IOWA BY REVISING
SUBSECTION (C) OF SECTION 32-231
Advisory Commission reviewed the proposed
THEREOF PROVIDING FOR THE
amendments at a public hearing on April 23,
ESTABLISHMENT OF SPEED LIMITS ON
1996, and has voted to approve said
GRANDVIEW AVENUE
amendments and to recommend approval by
NOW, THEREFORE, BE IT ORDAINED
the City Council.
BY THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OF
Section 1. That the Code of Ordinances of
DUBUQUE, IOWA:
the City of Dubuque, Iowa be amended by
Section 1. That the amendment to the Final
deleting U.S. 20 from Subsection (c) of
Statement of Community Development
Section 32-231 thereof as follows:
Objectives and Projected Use of Funds for the
"Sec. 32-231. Limits Generally.
Community Development Block Grant 21th
(c)
Program Year (Fiscal Year '96) attached
* * * * *
hereto as Exhibit C is hereby approved..
THIRTY-FIVE (35)
Section 2. That the City Manager is hereby
Grandview Avenue, Ungs Street to
authorized and directed to submit a copy of
Kaufmann Avenue
this resolution to the U. S. Department of
Section 2. That the Code of Ordinances of
Housing and Urban Development.
the City of Dubuque, Iowa be amended by
Passed, approved and adopted this 6th day
adding U.S. 20 to Subsection (c) of Section
of May, 1996.
32-231 thereof as follows:
Terrance M. Duggan, Mayor
"Sect. 32-231. Limits Generally.
Attest:
Karen M. Chesterman, Deputy City Clerk
Council Member Michalski moved adoption* * * * *
of the Resolution. Seconded by CouncilTHIRTY-FIVE (35) MILES PER HOUR
Member Nicholson. Carried by the followingGrandview Avenue, from a point
vote: Yeas—Mayor Duggan, Councilapproximately four hundred (400) feet north
Members Buol, Michalski, Nicholson,of Ungs Street to Kaufmann Avenue
Robbins, Voetberg. Nays—None.Passed, approved and adopted this 6th day
Absent—Council Member Krieg.of May, 1996.
Terrance M. Duggan, Mayor
City Manager submitting several penaltiesAttest:
for Zoning Ordinance violators and requestingKaren M. Chesterman, Deputy City Clerk
Published officially in the Telegraph Herald
Council direction, presented and read. Council
Member Voetberg moved that they approvenewspaper this 10th day of May, 1996.
the penalties - specifically, Penalty No. 2,1t 5/10
Penalty No. 4 with the substitution of just $75Karen M. Chesterman, Deputy City Clerk
for the monetary fee (and no doubling) andCouncil Member Voetberg moved that the
Penalty #5. Seconded by Council Memberrequirement that a proposed Ordinance be
Nicholson. Carried by the following vote:considered and voted on for passage at two
Regular Session, May 6, 1996
Council Meetings prior to the meeting at whichRobbins, Voetberg. Nays—None.
it is to be finally passed be suspended.Absent—Council Member Krieg. Council
Seconded by Council Member Buol. CarriedMember Voetberg moved final consideration
by the following vote: Yeas—Mayor Duggan,and passage of the Ordinance. Seconded by
Council Members Buol, Michalski, Nicholson,Council Member Nicholson. Carried by the
Robbins, Voetberg. Nays—None.following vote: Yeas—Mayor Duggan, Council
Absent—Council Member Krieg. CouncilMembers Buol, Michalski, Nicholson,
Member Voetberg moved final considerationRobbins, Voetberg. Nays—None.
and passage of the Ordinance. Seconded byAbsent—Council Member Krieg.
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, CouncilCity Manager submitting documents and
Members Buol, Michalski, Nicholson,requesting removal of Parking on a Portion of
Robbins, Voetberg. Nays—None.John F. Kennedy Road from W. 32nd St. to
Absent—Council Member Krieg. the northerly corporate limit, presented and
read. Council Member Voetberg moved that
City Manager recommending installation ofthe communication be received and filed.
a Yield Sign for northbound traffic onSeconded by Council Member Nicholson.
Woodworth St. at Lowell St., presented andCarried by the following vote: Yeas—Mayor
read. Council Member Voetberg moved thatDuggan, Council Members Buol, Michalski,
the communication be received and filed.Nicholson, Robbins, Voetberg. Nays—None.
Seconded by Council Member Buol. CarriedAbsent—Council Member Krieg.
by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Michalski, Nicholson,An Ordinance Amending Section 32-262(D)
Robbins, Voetberg. Nays—None.of the Code of Ordinances of the City of
Absent—Council Member Krieg.Dubuque, Iowa Prohibiting Parking on
Designated Streets or Portions thereof adding
An Ordinance Amending the Code of Ordi-Certain Portions of John F. Kennedy Road,
nances by modifying Subsection (b) of Sectionpresented and read.
32-216 thereof providing for the addition of a
Yield Sign at the Intersection of Woodworth(OFFICIAL PUBLICATION)
St. and Lowell St., presented and read. ORDINANCE NO. 29-96
AN ORDINANCE AMENDING SECTION 32-
(OFFICIAL PUBLICATION)262(D) OF THE CODE OF ORDINANCES
ORDINANCE NO. 28-96OF THE CITY OF DUBUQUE, IOWA
AN ORDINANCE AMENDING THE CODEPROHIBITING PARKING ON DESIGNATED
OF ORDINANCES OF THE CITY OFSTREETS OR PORTIONS THEREOF
DUBUQUE, IOWA, BY MODIFYINGADDING CERTAIN PORTIONS OF JOHN F.
SUBSECTION (b) OF SECTION 32-216KENNEDY ROAD
THEREOF PROVIDING FOR THENOW, THEREFORE, BE IT ORDAINED
ADDITION OF A YIELD SIGN AT THEBY THE CITY COUNCIL OF THE CITY OF
INTERSECTION OF WOODWORTHDUBUQUE, IOWA:
STREET AND LOWELL STREETSection 1. That the Code of Ordinances of
NOW, THEREFORE, BE IT ORDAINEDthe City of Dubuque, Iowa be amended by
BY THE CITY COUNCIL OF THE CITY OFdeleting Subsection (d) of Section 32-262 the
DUBUQUE, IOWA:following:
Section 1. That the Code of Ordinances ofJohn F. Kennedy Road, both sides, from
the City of Dubuque, Iowa be amended byUniversity Avenue to West Thirty-Second
adding Woodworth Street to Subsection (b) ofStreet.
Section 32-216 thereof as follows:Section 2. That the Code of Ordinances of
"Sec. 32-216. Yield Intersections.the City of Dubuque, Iowa be amended by
(b)adding to Subsection (d) of Section 32-262
* * * * *the following:
(1) Northbound VehiclesJohn F. Kennedy Road, both sides, from
Woodworth Street and Lowell Street.University Avenue to the northerly corporate
Passed, approved and adopted this 6th daylimit.
of May, 1996.Passed, approved and adopted this 6th day
Terrance M. Duggan, Mayorof May, 1996.
Attest: Terrance M. Duggan, Mayor
Karen M. Chesterman, Deputy City ClerkAttest:
Published officially in the Telegraph HeraldKaren M. Chesterman, Deputy City Clerk
newspaper this 10th day of May, 1996.Published officially in the Telegraph Herald
1t 5/10newspaper this 10th day of May, 1996.
Karen M. Chesterman, Deputy City Clerk1t 5/10
Council Member Voetberg moved that theKaren M. Chesterman, Deputy City Clerk
requirement that a proposed Ordinance beCouncil Member Voetberg moved that the
considered and voted on for passage at tworequirement that a proposed Ordinance be
Council Meetings prior to the meeting at whichconsidered and voted on for passage at two
it is to be finally passed be suspended.Council Meetings prior to the meeting at which
Seconded by Council Member Buol. Carriedit is to be finally passed be suspended.
by the following vote: Yeas—Mayor Duggan,Seconded by Council Member Nicholson.
Council Members Buol, Michalski, Nicholson,Carried by the following vote: Yeas—Mayor
Regular Session, May 6, 1996
Duggan, Council Members Buol, Michalski,otherwise to defend at its own expense and on
Nicholson, Robbins, Voetberg. Nays—None.behalf of said City any claim against the City
Absent—Council Member Krieg. Councilof Dubuque arising out of the location,
Member Voetberg moved final considerationexistence, or maintenance of said building at
and passage of the Ordinance. Seconded by108 Terminal Street and to pay reasonable
Council Member Nicholson. Carried by theattorney fees therefor; and
following vote: Yeas—Mayor Duggan, Councild. Indemnify, defend and hold the City of
Members Buol, Michalski, Nicholson,Dubuque free and harmless from any and all
Robbins, Voetberg. Nays—None.claims, loss, liability and expense for death
Absent—Council Member Krieg. and/or injuries to third persons or damages to
property of third persons, or for damage to any
City Manager submitting documents andproperty of the City of Dubuque which may
requesting approval of the requested lease ofoccur as a result of or in connection with the
Katuin Bros. of a portion of the public right-of-location, maintenance and repair of the facility,
way beneath their building at 108 Terminal St.,work or improvement permitted herein.
presented and read. Council Membere. Pay a lease payment of $250.00 per year in
Voetberg moved that the communication beadvance on May 1st of each year the
received and filed. Seconded by Councilordinance remains in effect. The annual rental
Member Nicholson. Carried by the followingshall be increased or decreased
vote: Yeas—Mayor Duggan, Council Membersproportionately by the same percentage of the
Buol, Michalski, Nicholson, Robbins,increase or decrease, as the case may be, in
Voetberg. Nays—None. Absent—Councilthe Consumer Price Index for all Urban
Member Krieg. Consumers (CPI-U)) as published by the
Bureau of Labor Statistics, U.S. Department
An Ordinance Authorizing James E.of Labor between the month of May of each
Underhill to Operate and Maintain a Buildingyear (commencing with the year 1996) and the
Located within Terminal St. Right-Of-Way,month of May of the current year, but in no
presented and read. event shall the annual rental be less than
$150.00 per year.
(OFFICIAL PUBLICATION)Section 4. That the permission herein
ORDINANCE NO. 30-96granted is expressly conditioned upon
AN ORDINANCE AUTHORIZING JAMES E.permittee's further agreement that should the
UNDERHILL TO OPERATE AND MAINTAINright and privilege herein granted be rescinded
A BUILDING LOCATED WITHIN TERMINALor revoked by the City Council, permittee, or its
STREET RIGHT-OF-WAYsuccessors in interest, shall within ten (10)
NOW, THEREFORE, BE IT ORDAINEDdays after receipt of written notice from the
BY THE CITY COUNCIL OF THE CITY OFCity Manager, so to do, at their own expense,
DUBUQUE, IOWA:remove said building and in the event of their
Section 1. That James E. Underhillfailure to do so, the City of Dubuque shall be
(Permittee) as the owner of the building at 108authorized to remove said building at
Terminal Street, Dubuque, Iowa, be and it ispermittee's expense and dispose of the same,
hereby granted the revocable permit andand the permittee shall have no claim against
authority to operate and maintain the buildingthe City or its agents for damages resulting
at 108 Terminal Street which is located withinfrom the removal of said building.
Terminal Street right-of-way under the termsSection 5. That permittee covenants and
and conditions set forth in this Ordinance.agrees that the revocable permit herein
Section 2. That such operation andgranted does not constitute an approval of the
maintenance shall be under the supervisiondesign, erection, location, repair or
and direction of the City Manager, and inmaintenance of said facility and said permittee
accordance with all applicable state andhereby covenant and agree not to assert such
federal laws and regulations, and theclaim or defense against the City of Dubuque
Ordinances of the City of Dubuque.in the event of claim asserted for death,
Section 3. That the permission hereinpersonal injuries and/or property damage
granted is expressly conditioned onagainst the permittee arising out of or in any
permittee's agreement to:way connected with the location, design, repair
a. Assume any and all liability for damages toand maintenance of the facility herein
persons or property which may result from thepermitted.
existence, location, or operation of the buildingSection 6. That this permit may be
at 108 Terminal Street; andrescinded or revoked by the City Council at
b. Procure and maintain in force during theany time in its sole discretion and for any
term of this permit a policy of liability insurancereason the City Council finds to be
as set forth in the attached Insuranceappropriate.
Schedule; andSection 7. This Ordinance shall become
c. Pay on behalf of the City of Dubuque, alleffective and the rights hereunder accrue to
sums which the City of Dubuque shall becomeJames E. Underhill when this Ordinance has
obligated to pay by reason of the liabilitybeen adopted by the City Council and the
imposed upon the City of Dubuque forterms and conditions thereof accepted by
damages of any kind resulting from thepermittee by acceptance endorsed on this
location, existence, or maintenance of saidOrdinance.
building at 108 Terminal Street sustained bySection 8. That the City Clerk be and she is
any person or persons, caused by accident orauthorized and directed to file at permittee's
Regular Session, May 6, 1996
expense a copy of this ordinance in the OfficeUT
of the Recorder in and for Dubuque County,IO
Iowa.N
Passed, approved and adopted this 6th dayC
of May, 1996.O
Terrance M. Duggan, MayorNF
Attest:IR
Karen M. Chesterman, Deputy City ClerkMI
ACCEPTANCE OFN
ORDINANCE NO. 30-96G
The undersigned having read and beingSE
familiar with the terms and conditions ofLE
Ordinance No. 30-96, hereby, for themselves,CT
their successors or assigns, as owners of theIO
abutting property, accept the same and agreeN
to be bound by the conditions and agreementsOF
therein contained to be performed byW
permittees.H
By: James UnderhillKS
Title: OwnerAN
Dated: May 14, 1996D
Published officially in the Telegraph HeraldC
newspaper this 31st day of May, 1996.O
1t 5/31Mary A. Davis CMC, City ClerkM
Council Member Voetberg moved that thePA
requirement that a proposed Ordinance beNY
considered and voted on for passage at twoTO
Council Meetings prior to the meeting at whichUP
it is to be finally passed be suspended.DA
Seconded by Council Member Nicholson.TE
Carried by the following vote: Yeas—MayorTH
E
Duggan, Council Members Buol, Michalski,
19
Nicholson, Robbins, Voetberg. Nays—None.
87
Absent—Council Member Krieg. Council
EN
Member Voetberg moved final consideration
VI
and passage of the Ordinance. Seconded by
R
Council Member Nicholson. Carried by the
O
following vote: Yeas—Mayor Duggan, Council
N
Members Buol, Michalski, Nicholson,
M
Robbins, Voetberg. Nays—None.
EN
Absent—Council Member Krieg.
TA
L
City Manager requesting approval to submit
AS
the third year application for the Iowa Juvenile
SE
Crime Prevention Community Grant,
SS
presented and read. Council Member
M
Nicholson moved that the communication be
EN
received and filed and approved. Seconded by
T
Council Member Buol. Carried by the following
FO
vote: Yeas—Mayor Duggan, Council
R
Members Buol, Michalski, Nicholson,
TH
Robbins, Voetberg. Nays—None.
E
Absent—Council Member Krieg.
S
City Manager submitting documentsO
requesting concurrence of the selection of aUT
consulting firm for the update of theH
Environmental Assessment for the SouthwestW
Arterial, presented and read. Council MemberES
Michalski moved that the communication beT
received and filed. Seconded by CouncilA
Member Nicholson. Carried by the followingRT
vote: Yeas—Mayor Duggan, CouncilER
Members Buol, Michalski, Nicholson,IA
L
Robbins, Voetberg. Nays—None.
Whereas, proposals were solicited from
Absent—Council Member Krieg.
various engineering and planning firms for the
update of the 1987 Environmental
RESOLUTION NO. 156-96
Assessment for the Southwest Arterial; and
RE
Whereas, the firm of WHKS and Company
S
of Mason City, Iowa, provided the best overall
OL
Regular Session, May 6, 1996
proposal to re-examine the recommendedLA
location of the Southwest Arterial and toTI
perform the update of the EnvironmentalN
Assessment pursuant to the City's RequestG
for Proposals.TO
NOW, THEREFORE, BE IT RESOLVEDTH
BY THE CITY COUNCIL OF THE CITY OFE
DUBUQUE, IOWA:UP
Section 1. That the City Manager beDA
authorized to negotiate and execute a contractTE
with WHKS and Company of Mason City,OF
Iowa for the update of the 1987 SouthwestTH
Arterial Environmental Assessment for theE
Southwest Arterial.19
Passed, approved and adopted this 6th day87
of May, 1996.EN
Terrance M. Duggan, MayorVI
Attest:R
Karen M. Chesterman, Deputy City ClerkO
Council Member Michalski moved adoptionN
of the Resolution. Seconded by CouncilM
Member Nicholson. Carried by the followingEN
vote: Yeas—Mayor Duggan, CouncilTA
Members Buol, Michalski, Nicholson,L
Robbins, Voetberg. Nays—None.AS
Absent—Council Member Krieg. SE
SS
RESOLUTION NO. 157-96M
REEN
ST
OLFO
UTR
IOTH
NE
APS
PRO
OUT
VIH
NW
GES
ANT
AA
GRT
REER
EIA
ML
ENWhereas, the Iowa Department of
TTransportation has proposed that the 1987
WIEnvironmental Assessment for the Southwest
THArterial be updated to reflect current traffic
THand development conditions along the corridor;
Eand
IOWhereas, the study will be directed by a
WSteering Committee of the DMATS Technical
ACommittee, comprised representatives from
DEthe City of Dubuque, County of Dubuque, and
PAthe Iowa Department of Transportation; and
RTWhereas, the City of Dubuque has agreed
Mto administer the update; and
ENWhereas, the Iowa Department of
TTransportation has prepared and submitted to
OFthe City Council for approval, a Cooperative
TRAgreement to re-examine recommended
ANalignment of the Southwest Arterial and to
SPadminister the update of the Environmental
OAssessment; and
RTWhereas, the City of Dubuque approves the
ATterms and conditions of said agreement.
IONOW, THEREFORE, BE IT RESOLVED
NBY THE CITY COUNCIL OF THE CITY OF
REDUBUQUE, IOWA:
Regular Session, May 6, 1996
Section 1. That the Agreement between theapproval of the proposed plans, specifications,
City of Dubuque and the Iowa Department ofand form of contract and placed same on file
Transportation to re-examine thein the office of the City Clerk for the
recommended alignment of the Southwestreplacement of the North Plant brick wall at
Arterial and to update the 1987 Environmentalthe Eagle Point Water Plant.
Assessment be approved.NOW THEREFORE, BE IT RESOLVED
Section 2. That the Mayor be authorizedBY THE CITY COUNCIL OF THE CITY OF
and directed to execute two copies of theDUBUQUE, IOWA:
Agreement and forward the executed copies toSection 1. That on the 3rd day of June,
the Iowa Department of Transportation for1996 a public hearing will be held at 7:00 p.m.
their approval.in the Public Library Auditorium at which time
Passed, approved and adopted this 6th dayinterested persons may appear and be heard
of May, 1996.for or against the proposed plans and
Terrance M. Duggan, Mayorspecifications, form of contract and cost of
Attest:said improvement, and the City Clerk be and
Karen M. Chesterman, Deputy City Clerkis hereby directed to cause a notice of time
Council Member Michalski moved adoptionand place of such hearing to be published in a
of the Resolution. Seconded by Councilnewspaper having general circulation in the
Member Nicholson. Carried by the followingCity of Dubuque, Iowa which notice shall be
vote: Yeas—Mayor Duggan, Councilnot less than four days nor more than twenty
Members Buol, Michalski, Nicholson,days prior to the day fixed for its consideration.
Robbins, Voetberg. Nays—None.At the hearing, any interested person may
Absent—Council Member Krieg. appear and file objections to the proposed
plans, specifications, form of contract or
City Manager submitting documentsestimated cost of the improvement.
providing for bidding process for thePassed, approved and adopted this 6th day
replacement of the Brick Wall on the Northof May, 1996.
Water Plant, presented and read. CouncilTerrance M. Duggan, Mayor
Member Buol moved that the communicationAttest:
be received and filed. Seconded by CouncilKaren M. Chesterman, Deputy City Clerk
Member Nicholson. Carried by the followingCouncil Member Buol moved adoption of
vote: Yeas—Mayor Duggan, Councilthe Resolution. Seconded by Council Member
Members Buol, Michalski, Nicholson,Nicholson. Carried by the following vote:
Robbins, Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members
Absent—Council Member Krieg. Buol, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
RESOLUTION NO. 158-96Member Krieg.
PRELIMINARY APPROVAL OF PLANS
AND SPECIFICATIONSRESOLUTION NO. 160-96
Whereas, the proposed plans,ORDERING BIDS
specifications and form of contract for theNOW THEREFORE, BE IT RESOLVED
North Plant Brick Wall replacement at theBY THE CITY COUNCIL OF THE CITY OF
Eagle Point Water Plant in the estimatedDUBUQUE, IOWA:
amount of $325,000.00 have been preparedSection 1. That the North Plant brick wall
by I. I. W. Engineering under the direction ofreplacement at the Eagle Point Water Plant is
the City.hereby ordered to be advertised for bids for
NOW THEREFORE, BE IT RESOLVEDconstruction.
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the amount of the security
DUBUQUE, IOWA:to accompany each bid shall be in amount
Section 1. The proposed plans,which shall conform to the provisions of the
specifications and form of Contract arenotice to bidders hereby approved as part of
approved and ordered filed in the office of thethe plans and specifications heretofore
City Clerk for public inspection.adopted.
Passed, approved and adopted this 6th daySection 3. That the City Clerk is hereby
of May, 1996.directed to advertise for bids for the
Terrance M. Duggan, Mayorconstruction of the improvement herein
Attest:provided to be published in a newspaper
Karen M. Chesterman, Deputy City Clerkhaving general circulation in the City of
Council Member Buol moved adoption ofDubuque, Iowa, which notice shall not be less
the Resolution. Seconded by Council Memberthan four days nor more than twenty days prior
Nicholson. Carried by the following vote:to the receipt of said bids at 2:00 p .m. on the
Yeas—Mayor Duggan, Council Members23rd day of May, 1996. Bids shall be opened
Buol, Michalski, Nicholson, Robbins,and read by the City Clerk at said time and will
Voetberg. Nays—None. Absent—Councilbe submitted to the Council for final action at
Member Krieg. 7:00 p.m. on the 3rd day of June, 1996.
Passed, approved and adopted this 6th day
RESOLUTION NO. 159-96of May, 1996.
FIXING DATE OF HEARING ON PLANSTerrance M. Duggan, Mayor
AND SPECIFICATIONSAttest:
Whereas, the City Council of the City ofKaren M. Chesterman, Deputy City Clerk
Dubuque, Iowa, has given its preliminary
Regular Session, May 6, 1996
Council Member Buol moved adoption ofspecifications, form of contract and cost of
the Resolution. Seconded by Council Membersaid improvement, and the City Clerk be and
Nicholson. Carried by the following vote:is hereby directed to cause a notice of time
Yeas—Mayor Duggan, Council Membersand place of such hearing to be published in a
Buol, Michalski, Nicholson, Robbins,newspaper having general circulation in the
Voetberg. Nays—None. Absent—CouncilCity of Dubuque, Iowa which notice shall be
Member Krieg. not less than four days nor more than twenty
days prior to the day fixed for its consideration.
City Manager submitting documentsAt the hearing, any interested person may
providing for bidding process for the Eagleappear and file objections to the proposed
Point Water Plant Office, Lab, Control Roomplans, specifications, form of contract or
and Pump Room Window Replacement,estimated cost of the improvement.
presented and read. Council Member Buol Passed, approved and adopted this 6th day
moved that the communication be receivedof May, 1996.
and filed. Seconded by Council MemberTerrance M. Duggan, Mayor
Robbins. Carried by the following vote:Attest:
Yeas—Mayor Duggan, Council MembersKaren M. Chesterman, Deputy City Clerk
Buol, Michalski, Nicholson, Robbins,Council Member Buol moved adoption of
Voetberg. Nays—None. Absent—Councilthe Resolution. Seconded by Council Member
Member Krieg. Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
RESOLUTION NO. 161-96Buol, Michalski, Nicholson, Robbins,
PRELIMINARY APPROVAL OF PLANSVoetberg. Nays—None. Absent—Council
AND SPECIFICATIONSMember Krieg.
Whereas, the proposed plans,
specifications and form of contract for windowRESOLUTION NO. 163-96
replacement at the Eagle Point Water Plant inORDERING BIDS
the estimated amount of $95,000.00 dollarsNOW THEREFORE, BE IT RESOLVED
and to the Pump Room in the amount ofBY THE CITY COUNCIL OF THE CITY OF
$30,000.00 dollars with the combinedDUBUQUE, IOWA:
estimated total of $125,000.00 dollars haveSection 1. That the window replacement at
been prepared by I.I.W. Engineering under thethe Eagle Point Water Plant is hereby ordered
direction of the City.to be advertised for bids for construction.
NOW THEREFORE, BE IT RESOLVEDSection 2. That the amount of the security
BY THE CITY COUNCIL OF THE CITY OFto accompany each bid shall be in amount
DUBUQUE, IOWA:which shall conform to the provisions of the
Section 1. The proposed plans,notice to bidders hereby approved as part of
specifications and form of Contract arethe plans and specifications heretofore
approved and ordered filed in the office of theadopted.
City Clerk for public inspection.Section 3. That the City Clerk is hereby
Passed, approved and adopted this 6th daydirected to advertise for bids for the
of May, 1996.construction of the improvement herein
Terrance M. Duggan, Mayorprovided to be published in a newspaper
Attest:having general circulation in the City of
Karen M. Chesterman, Deputy City ClerkDubuque, Iowa, which notice shall not be less
Council Member Buol moved adoption ofthan four days nor more than twenty days prior
the Resolution. Seconded by Council Memberto the receipt of said bids at 2:00 p.m. on the
Robbins. Carried by the following vote:23rd day of May, 1996. Bids shall be opened
Yeas—Mayor Duggan, Council Membersand read by the City Clerk at said time and will
Buol, Michalski, Nicholson, Robbins,be submitted to the Council for final action at
Voetberg. Nays—None. Absent—Council7:00 p.m. on the 3rd day of June, 1996.
Member Krieg. Passed, approved and adopted this 6th day
of May, 1996.
RESOLUTION NO. 162-96Terrance M. Duggan, Mayor
FIXING DATE OF HEARING ON PLANSAttest:
AND SPECIFICATIONSKaren M. Chesterman, Deputy City Clerk
Whereas, the City Council of the City ofCouncil Member Buol moved adoption of
Dubuque, Iowa, has given its preliminarythe Resolution. Seconded by Council Member
approval of the proposed plans, specifications,Robbins. Carried by the following vote:
and form of contract and placed same on fileYeas—Mayor Duggan, Council Members
in the office of the City Clerk for theBuol, Michalski, Nicholson, Robbins,
replacement of windows at the Eagle PointVoetberg. Nays—None. Absent—Council
Water Plant.Member Krieg.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFCity Manager submitting documents
DUBUQUE, IOWA:providing for the 1996 P.C. Concrete Paving
Section 1. That on the 3rd day of June,Project #2 which includes Clarke Dr. from W.
1996 a public hearing will be held at 7:00 p.m.Locust St. to Heeb St. and Heeb St. from
in the Public Library Auditorium at which timeClarke Dr. to West 17th St., presented and
interested persons may appear and be heardread. Council Member Buol moved that the
for or against the proposed plans andcommunication be received and filed.
Regular Session, May 6, 1996
Seconded by Council Member Voetberg.Voetberg. Nays—None. Absent—Council
Carried by the following vote: Yeas—MayorMember Krieg.
Duggan, Council Members Buol, Michalski,
Nicholson, Robbins, Voetberg. Nays—None.RESOLUTION NO. 166-96
Absent—Council Member Krieg. RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
RESOLUTION NO. 164-96prepared and approved by the City Council of
PRELIMINARY APPROVAL OF PLANSthe City of Dubuque and are now on file in the
AND SPECIFICATIONSoffice of City Clerk showing among other
NOW THEREFORE, BE IT RESOLVEDthings the plans, specifications, form of
BY THE CITY COUNCIL OF THE CITY OFcontract, estimated cost and preliminary plat
DUBUQUE, IOWA:and schedule showing the amount proposed
That the proposed plans, specifications,to be assessed against each lot and the
form of contract and estimated cost for thevaluation of each lot as filed by the City
1996 Portland Cement Paving Project No 2. inCouncil, for the 1996 Portland Cement Paving
the estimated amount of $2,452,023.63, areProject No. 2.
hereby approved and ordered filed in the officeNOW THEREFORE, BE IT RESOLVED
of the City Clerk for public inspection.BY THE CITY COUNCIL OF THE CITY OF
Passed, adopted and approved this 6th dayDUBUQUE, IOWA:
of May, 1996.That the City Council deems it advisable
Terrance M. Duggan, Mayorand necessary for the public welfare to make
Attest:the herein mentioned improvements, and
Karen M. Chesterman, Deputy City Clerkunless property owners at the time of the final
Council Member Buol moved adoption ofconsideration of this proposed resolution have
the Resolution. Seconded by Council Memberon file with the City Clerk objections to the
Voetberg. Carried by the following vote:resolution of necessity, they shall be deemed
Yeas—Mayor Duggan, Council Membersto have waived all objections pertaining to the
Buol, Michalski, Nicholson, Robbins,regularity of the proceeding and the legality of
Voetberg. Nays—None. Absent—Councilusing the special assessment procedure.
Member Krieg. Said improvements shall be constructed
and done in accordance with the plans and
RESOLUTION NO. 165-96specifications which have been approved by
FIXING DATE OF HEARING ON PLANSthe City Council and now on file with the City
AND SPECIFICATIONSClerk. That the cost and expense of making
Whereas, the City Council of the City ofsuch improvement will be assessed partially or
Dubuque, Iowa has given its preliminarytotally against privately owned property lying
approval on the proposed plans,with the assessment limits, and in an amount
specifications, and form of contract andnot to exceed that provided by law, and in
placed same on file in the office of the Cityproportion to the special benefits conferred.
Clerk for public inspection of the 1996The portion of the cost which shall be borne
Portland Cement Paving Project No. 2.by the City will be paid from the Local Option
NOW THEREFORE, BE IT RESOLVEDSales Tax Fund and General Obligation
BY THE CITY COUNCIL OF THE CITY OFBonds, and special assessment bonds may
DUBUQUE, IOWA:be issued in anticipation of deferred payments
That on the 3rd day of June, 1996, a publicof assessments when a contract has been
hearing will be held at 7:00 p.m. in the Publicperformed and accepted, and the proceeds
Library at which time interested persons maythereof used to pay the contractor.
appear and be heard for or against theThe above resolution was introduced,
proposed plans and specifications, form ofapproved and ordered placed on file with the
contract and cost of said improvement, andCity Clerk this 6th day of May, 1996.
the City Clerk be and is hereby directed toApproved and placed on file for final action.
cause a notice of time and place of suchTerrance M. Duggan, Mayor
hearing to be published in a newspaper havingAttest:
general circulation in the City of Dubuque,Karen M. Chesterman, Deputy City Clerk
Iowa, which notice shall be not less than four
days nor more than twenty days prior to theCouncil Member Buol moved adoption of
day fixed for its consideration. At the hearing,the Resolution. Seconded by Council Member
any interested person may appear and fileVoetberg. Carried by the following vote:
objections to the proposed plans,Yeas—Mayor Duggan, Council Members
specifications, contract, or estimated cost ofBuol, Michalski, Nicholson, Robbins,
the improvement.Voetberg. Nays—None. Absent—Council
Passed, adopted and approved this 7th dayMember Krieg.
of May, 1996.
Terrance M. Duggan, MayorRESOLUTION NO. 167-96
Attest:FIXING DATE OF HEARING ON
Karen M. Chesterman, Deputy City ClerkRESOLUTION OF NECESSITY
Council Member Buol moved adoption ofWhereas, the City Council of the City of
the Resolution. Seconded by Council MemberDubuque, Iowa, has given its preliminary
Voetberg. Carried by the following vote:approval on the proposed plans, specifications
Yeas—Mayor Duggan, Council Membersand form of contract and placed same on file
Buol, Michalski, Nicholson, Robbins,in the office of the City Clerk for public
Regular Session, May 6, 1996
inspection, for the 1996 Portland CementCity Manager recommending disposal of the
Paving Project No. 2, and,City’s interest in portions of Charter St.,
Whereas, the proposed Resolution ofpresented and read. Council Member
Necessity for said improvement has beenNicholson moved that the communication be
introduced and is now on file in the Cityreceived and filed. Seconded by Council
Clerk's office for public inspection.Member Buol. Carried by the following vote:
NOW THEREFORE, BE IT RESOLVEDYeas—Mayor Duggan, Council Members
BY THE CITY COUNCIL OF THE CITY OFBuol, Michalski, Nicholson, Robbins,
DUBUQUE, IOWA:Voetberg. Nays—None. Absent—Council
That on the 3rd of June, 1996, a publicMember Krieg.
hearing will be held at 7:00 o'clock p.m. in the
Public Library in the City of Dubuque at whichRESOLUTION NO. 169-96
time the owners of property subject toRESOLUTION APPROVING PLAT OF
assessment for the proposed improvement orPROPOSED VACATED PORTION OF
any other person having an interest in theCHARTER STREET FROM TERMINAL
matter may appear and be heard for or againstSTREET TO VACATED WATER STREET
the making of the improvement, theWhereas, there has been presented to the
boundaries of the district, the cost, theCity Council of the City of Dubuque, Iowa, a
assessment against any lot, or the finalplat dated March 11, 1996, prepared by IIW
adoption of a resolution of necessity and theEngineers and Surveyors, P.C. of Dubuque,
City Clerk be and is hereby authorized andIowa, describing the proposed vacated portion
directed to cause a notice of time and place ofof Charter Street from Terminal Street to
such hearing to be published in a newspapervacated Water Street; and
having general circulation in the City ofWhereas, said plat conforms to the laws and
Dubuque, Iowa, which notice shall bestatutes pertaining thereto.
published once each week for two consecutiveNOW, THEREFORE, BE IT RESOLVED
weeks, the first publication of which shall beBY THE CITY COUNCIL OF THE CITY OF
not less than ten days prior to the day fixed forDUBUQUE, IOWA:
its consideration. Unless property owners atSection 1. That the plat dated March 11,
the time of the final consideration of this1996 prepared by IIW Engineers and
proposed resolution have on file with the CitySurveyors, P.C., relative to the real estate
Clerk objections to the Resolution of Necessityhereinabove described be and the same is
they shall be deemed to have waived allhereby approved, and the Mayor and City
objections thereto.Clerk be and they are hereby authorized and
Passed, adopted and approved this 6th daydirected to execute said plat for and on behalf
of May, 1996.of the City of Dubuque, Iowa.
Terrance M. Duggan, MayorSection 2. That the City Clerk be and is
Attest:hereby authorized and directed to file said plat
Karen M. Chesterman, Deputy City Clerkand certified copy of this resolution in the
Council Member Buol moved adoption ofoffice of the Recorder, in and for Dubuque
the Resolution. Seconded by Council MemberCounty, Iowa.
Voetberg. Carried by the following vote:Passed, approved and adopted this 6th day
Yeas—Mayor Duggan, Council Membersof May, 1996.
Buol, Michalski, Nicholson, Robbins,Terrance M. Duggan, Mayor
Voetberg. Nays—None. Absent—CouncilAttest:
Member Voetberg. Karen M. Chesterman, Deputy City Clerk
Council Member Nicholson moved adoption
RESOLUTION NO. 168-96of the Resolution. Seconded by Council
RESOLUTION APPROVINGMember Buol. Carried by the following vote:
PRELIMINARY SCHEDULE OFYeas—Mayor Duggan, Council Members
ASSESSMENTSBuol, Michalski, Nicholson, Robbins,
NOW THEREFORE, BE IT RESOLVEDVoetberg. Nays—None. Absent—Council
BY THE CITY COUNCIL OF THE CITY OFMember Krieg.
DUBUQUE, IOWA:
That the attached sheets, 1 to 8 inclusive,An Ordinance Vacating a portion of Charter
are hereby determined to be the schedule ofSt. from Terminal St. to Vacated Water St.
proposed assessments for the 1996 Portlandand from the West Line of Vacated Water St.
Cement Paving Project No. 2 and theto the East Line of Lot 1, Blk 15 and Lot 1
valuations set out herein are hereby approved.Block 18 of Dubuque Harbor Co.’s Addn. in
Passed, approved and adopted this 6th daythe City, presented and read. Council Member
of May, 1996.Nicholson moved that the requirement that a
Terrance M. Duggan, Mayorproposed Ordinance be considered and voted
Attest: on for passage at two Council Meetings prior
Karen M. Chesterman, Deputy City Clerkto the meeting at which it is to be finally
Council Member Buol moved adoption ofpassed be suspended. Seconded by Council
the Resolution. Seconded by Council MemberMember Buol. Carried by the following vote:
Voetberg. Carried by the following vote:Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council MembersBuol, Michalski, Nicholson, Robbins,
Buol, Michalski, Nicholson, Robbins,Voetberg. Nays—None. Absent—Council
Voetberg. Nays—None. Absent—CouncilMember Krieg. Council Member Nicholson
Member Krieg. moved that a Public Hearing be held on the
Regular Session, May 6, 1996
proposed Ordinance on the 20th day of May,
1996, at 7:00 p.m. in the Public Library
Auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Council Member Buol. Carried
by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
RESOLUTION NO. 170-96
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 1 OF 1 AND LOT 2 OF 1
OF BLOCK 16A OF DUBUQUE HARBOR
COMPANY'S ADDITION IN THE CITY OF
DUBUQUE, IOWA AND VACATED
CHARTER STREET FROM THE WEST
LINE OF VACATED WATER STREET TO
THE EAST LINE OF LOT 1, BLOCK 15 AND
LOT 1 BLOCK 18 OF DUBUQUE HARBOR
COMPANY'S ADDITION IN THE CITY OF
DUBUQUE, IOWA
Whereas, Jim Mulgrew has requested the
vacating of a portion of Charter Street from
Terminal Street to vacated Water Street and
from the west line of vacated Water Street to
the east line of Lot 1, Block 15 and Lot 1 Block
18 of Dubuque Harbor Company's Addition in
the City of Dubuque, Iowa; and
Whereas, IIW Engineers and Surveyors,
P.C. of Dubuque, Iowa has prepared and
submitted to the City Council a plat showing
the vacated portion of Charter Street and
assigned lot numbers thereto, which
hereinafter shall be known and described as
Lot 1 of 1 and Lot 2 of 1 of Block 16A of
Dubuque Harbor Company's Addition in the
City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that portions
of Charter Street no longer required for public
use, and vacating and sale of said portion of
Charter Street known as Lot 1 of 1 and Lot 2
of 1 of Block 16A of Dubuque Harbor
Company's Addition in the City of Dubuque,
Iowa and from the west line of vacated Water
Street to the east line of Lot 1, Block 15 and
Lot 1 Block 18 of Dubuque Harbor Company's
Addition in the City of Dubuque, Iowa should
be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot 1 of 1
and Lot 2 of 1 of Block 16A of Dubuque
Harbor Company's Addition in the City of
Dubuque, Iowa and vacated Charter Street
from the west line of vacated Water Street to
the east line of Lot 1, Block 15 and Lot 1 Block
18 of Dubuque Harbor Company's Addition in
the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 1 of
1 of Block 16A of Dubuque Harbor Company's
Addition in the City of Dubuque, Iowa to Gary
Newt, Newt Marine, be contingent upon the
payment of $2,689.00, plus one-half of
publication and filing fees, and Lot 2 of 1 of
Block 16A of Dubuque Harbor Company's
Addition in the City of Dubuque and vacated
Charter Street from the west line of vacated
Water Street to the east line of Lot 1, Block 15
and Lot 1 Block 18 of Dubuque Harbor
Company's Addition in the City of Dubuque,
Iowa to Mulgrew Oil Company be contingent
upon payment of $6,865.00, plus one-half of
publication and filing fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause a
notice of intent to dispose of said real estate to
be published in the manner as prescribed by
law.
Passed, approved and adopted this 6th day
of May, 1996.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
Council Member Nicholson moved adoption
of the Resolution. Seconded by Council
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
Member Krieg.
At 9:50 p.m. Council Member Voetberg
moved to go into Closed Session in
accordance with Ch. 21.5 1.(c) to discuss
strategy with Counsel in matters that are
presently in litigation; and in accordance with
Ch. 21.5 1.O 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; and in
accordance with Ch. 20.17 in reference to
Collective Bargaining Strategy. Seconded by
Council Member Michalski. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
Council reconvened Regular Session at
10:25 p.m. with statement that direction had
been given to Staff.
There being no further business, Council
Member Michalski moved to adjourn.
Seconded by Council Member Buol. Carried
by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Council Member Krieg.
The meeting adjourned at 10:26 p.m.
Karen M. Chesterman
Deputy City Clerk
Approved 1997
Adopted 1997
Mayor
Regular Session, May 6, 1996
Council Members
Attest:
City Clerk
Regular Session, May 20, 1996
DUBUQUE
BOARD OF HEALTH
OFFICIAL
PROCEEDINGS
Special Board of Health Meeting, May 20,
Approved ,1997
1996.
Board met at 6:55 p.m., Public Library
Adopted ,1997
Auditorium.
Present: Chairperson Duggan, Board
Members Buol, Krieg, Robbins, Voetberg.
Absent: Board Members Nicholson, Michalski.Chairperson
Chairperson Duggan read the call and
stated this is a Special Session of the Board
of Health called for the purpose to approve an
application to provide Public Health Nursing
Services.
City Manager recommending approval of an
application for services to be provided for
public health nursing services, senior health,
and home care aid programs, presented and
read. Board Member Voetberg moved that the
Board Members
communication be received and filed and
Attest:
approved application. Seconded by Board
Member Buol. Carried by the following vote:
Yeas—Chairperson Duggan, Board Members
Secretary, Board of Health
Buol, Krieg, Robbins, Voetberg. Nays—None.
Absent—Board Members Michalski,
Nicholson.
There being no further business, Board
Member Voetberg moved to adjourn.
Seconded by Board Member Buol. Carried by
the following vote: Yeas—Chairperson
Duggan, Board Members Buol, Krieg,
Robbins, Voetberg. Nays—None.
Absent—Board Members Michalski,
Nicholson.
The meeting adjourned at 6:59 p.m.
Mary A. Davis CMC
Secretary, Board of Health
Regular Session, May 20, 1996
Nays—None. Absent—Council Member
Nicholson.
DUBUQUE
NOTICES OF CLAIMS/SUITS — Arnold
Honkamp in amount of $3220.14 for property
CITY COUNCIL
damages; Mary Huff in amount of $44.20 for
tire damages; Richard J. Jaeger in est.
amount of $57.67 for vehicle damages; Robert
OFFICIAL
D. Klauer d/b/a Canfield Hotel in total amount
PROCEEDINGS
of $2,073.45 due to backed up sewage;
Georgia Schmit in unknown amount for
personal injuries, presented and read. Council
City Council, Regular Session, May 20,
Member Voetberg moved that the claims and
1996.
suits be referred to Legal Staff for
Council Met at 7:00 p.m., Public Library
investigation and report. Seconded by Council
Auditorium.
Member Robbins. Carried by the following
Present: Mayor Duggan, Council Member
vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Robbins, Voetberg, City Manager
Buol, Krieg, Michalski, Robbins, Voetberg.
Michael Van Milligen, Corporation Counsel
Nays—None. Absent—Council Member
Barry A. Lindahl.
Nicholson.
Absent at Roll Call: Council Member
Michalski.
Corporation Counsel advising following
Absent: Council Member Nicholson.
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
Mayor Duggan read the call and stated this
Assurance Pool: Personal injury of Timothy
is the Regular Session of the City Council
W. Carroll; Personal injury of Dianne M. Heim;
called for the purpose to act upon such
Personal injury of Jean A. Miller; Property
business which may properly come before the
damage of St. Paul Fire & Marine Insurance's
Council.
client, presented and read. Council Member
Voetberg moved that the communications be
Invocation was given by Rev. Mel Hooten,
received and filed. Seconded by Council
Pastor of the Dubuque Baptist Church.
Member Robbins. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
PROCLAMATIONS — May 29 as "Jane
Buol, Krieg, Michalski, Robbins, Voetberg.
Boffeli Day" received by Jane Boffeli.
Nays—None. Absent—Council Member
Nicholson.
Council Member Michalski entered the
Chambers at 7:02 p.m.
Corporation Counsel recommending denial
of following claims: Car damage of Kendall
MINUTES SUBMITTED — Building Code
Day and car damage of Sheila G. Rudin,
Advisory and Appeals Board of 4-17; Cable
presented and read. Council Member
Community Teleprogramming Commission of
Voetberg moved that the communication be
5-7; Community Development Advisory
received and filed and approved denials.
Commission of 5-13; Library Board of
Seconded by Council Member Robbins.
Trustees of 1-25 & 3-28; Mechanical Board of
Carried by the following vote: Yeas—Mayor
4-30; Plumbing Board of 4-30; Transit Trustee
Duggan, Council Members Buol, Krieg,
Board of 4-18; Zoning Advisory Commission
Michalski, Robbins, Voetberg. Nays—None.
of 5-1; Zoning Board of Adjustment of 4-25;
Absent—Council Member Nicholson.
Finance Director submitting financial reports
for April, 1996; Proof of Publication on
Corporation Counsel advising the
publication of Council minutes for meeting of
withdrawing of Brandie Wells' civil rights
4-15; Proof of Publication on Notice of Finding
claim, presented and read. Council Member
of No Significant Effect on the Environment
Voetberg moved that the communication be
and Notice of Intent to Request Release of CD
received and filed. Seconded by Council
Funds for FDL Foods, Inc. acquisition,
Member Robbins. Carried by the following
presented and read. Council Member
vote: Yeas—Mayor Duggan, Council Members
Voetberg moved that the minutes and proofs
Buol, Krieg, Michalski, Robbins, Voetberg.
be received and filed. Seconded by Council
Nays—None. Absent—Council Member
Member Robbins. Carried by the following
Nicholson.
vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Robbins, Voetberg.
J & M Displays, Inc. requesting to conduct
Nays—None. Absent—Council Member
a fireworks display for the Dubuque Diamond
Nicholson.
Jo to be held on 5-27-96 at approx. 9:30 p.m.,
presented and read. Council Member
Printed Council proceedings for the months
Voetberg moved that this be approved subject
of August and September, 1995 for approval,
to implementation by the City Manager.
presented and read. Council Member
Seconded by Council Member Robbins.
Voetberg moved that the proceedings be
Carried by the following vote: Yeas—Mayor
approved as printed. Seconded by Council
Duggan, Council Members Buol, Krieg,
Member Robbins. Carried by the following
Michalski, Robbins, Voetberg. Nays—None.
vote: Yeas—Mayor Duggan, Council Members
Absent—Council Member Nicholson.
Buol, Krieg, Michalski, Robbins, Voetberg.
Regular Session, May 20, 1996
BOARDS AND COMMISSIONS:direct access to John F. Kennedy Road and
RESIGNATIONS SUBMITTED — Dennisthat the City Council waive Article IV, Design
Oneyear from Housing Commission; Kevinand Improvement Standards of the
Recker from Housing Commission; Steven J.Subdivision Regulations, except for Section
Arthur from Airport Commission effective May42-19, Lots and Blocks; and
31, 1996, presented and read. CouncilWhereas, said final plat has been reviewed
Member Voetberg moved that the resignationsby the City Planner and had her approval
be received and filed and accepted with regret.endorsed thereon, and
Seconded by Council Member Robbins.Whereas, said final plat has been
Carried by the following vote: Yeas—Mayorexamined by the City Council and they find
Duggan, Council Members Buol, Krieg,that it conforms to the statutes and ordinances
Michalski, Robbins, Voetberg. Nays—None.relating to it; and
Absent—Council Member Nicholson. Whereas, the City Council concurs in the
conditions of approval established by the
U.S. DOT advising of their review of City'sZoning Commission and the City Planner.
report for the year ended June 30, 1995 andNOW, THEREFORE, BE IT RESOLVED
advising of their acceptance, presented andBY THE CITY COUNCIL OF THE CITY OF
read. Council Member Voetberg moved thatDUBUQUE, IOWA:
the communication be received and filed. Section 1. That the final plat of Lots 1-5,
Seconded by Council Member Robbins.inclusive, Lots 13-19, inclusive, and Lots 23-
Carried by the following vote: Yeas—Mayor26, inclusive, of Rolling Meadows Subdivision,
Duggan, Council Members Buol, Krieg,as comprised of Lot A and Lot B of Rolling
Michalski, Robbins, Voetberg. Nays—None.Meadows Subdivision in Dubuque County,
Absent—Council Member Nicholson. Iowa, is hereby approved and the Mayor and
City Clerk are hereby authorized and directed
Iowa Department of Economicto endorse the approval of the City of
Development Board advising of their approvalDubuque, Iowa, upon said final plat.
of application for CEBA assistance on behalfSection 2. That no direct access to John F.
of Farmland Foods, Inc., presented and read.Kennedy Road shall be allowed from Lots 12
Council Member Voetberg moved that thethrough 16.
communication be received and filed.Section 3. That the City Council hereby
Seconded by Council Member Robbins.waives Article IV, Design and Improvement
Carried by the following vote: Yeas—MayorStandards, except for Section 42-19, Lots and
Duggan, Council Members Buol, Krieg,Blocks, of the City Subdivision Regulations.
Michalski, Robbins, Voetberg. Nays—None.Section 4. That in the event the owner shall
Absent—Council Member Nicholson. fail to execute the acceptance within forty-five
(45) days after the date of this Resolution, the
Zoning Advisory Commission advising ofprovisions hereof shall be null and void and
their approval of final plat of portion of Rollingthe acceptance and approval of the plat shall
Meadows Subdivision, presented and read.not be effective.
Council Member Voetberg moved that thePassed, approved and adopted this 20th
communication be received and filed.day of May, 1996.
Seconded by Council Member Robbins.Terrance M. Duggan, Mayor
Carried by the following vote: Yeas—MayorATTEST: Mary A. Davis, City Clerk
Duggan, Council Members Buol, Krieg,ACCEPTANCE OF
Michalski, Robbins, Voetberg. Nays—None.RESOLUTION NO. 171-96
Absent—Council Member Nicholson. I, the undersigned, Dan Lansing, having
read the terms and conditions of the
RESOLUTION NO. 171-96Resolution No. 171-96 and being familiar with
A RESOLUTION APPROVING THE FINALthe conditions thereof, hereby accept this
PLAT OF LOTS 1-5, INCLUSIVE, LOTS 13-same and agree to the conditions required
19, INCLUSIVE, AND LOTS 23-26,therein.
INCLUSIVE, OF ROLLING MEADOWSDated in Dubuque, Iowa this 10th day of
SUBDIVISION, AS COMPRISED OF LOT AJune, 1996.
AND LOT B OF ROLLING MEADOWSBy /s/ Dan Lansing
SUBDIVISION IN DUBUQUE COUNTY,Council Member Voetberg moved adoption
IOWA.of the Resolution. Seconded by Council
Whereas, there has been filed with the CityMember Robbins. Carried by the following
Clerk a final plat of Lots 1-5, inclusive, Lotsvote: Yeas—Mayor Duggan, Council Members
13-19, inclusive, and Lots 23-26, inclusive, ofBuol, Krieg, Michalski, Robbins, Voetberg.
Rolling Meadows Subdivision, as comprised ofNays—None. Absent—Council Member
Lot A and Lot B of Rolling MeadowsNicholson.
Subdivision in Dubuque, County, Iowa; and
Whereas, upon said final plat appearCity Manager recommending approval on
street(s) to be known as Chloe Lane andpublication of combined notices for FY 1997
Corey Court, andAnnual Action Plan for CDBG activities,
Whereas, the preliminary plat has beenpresented and read. Council Member
examined by the Zoning Advisory CommissionVoetberg moved that the communication be
and had its approval endorsed thereon, withreceived and filed. Seconded by Council
conditions that Lots 27 and 28 be designatedMember Robbins. Carried by the following
as non-buildable, Lot 12 through 16 not havevote: Yeas—Mayor Duggan, Council Members
Regular Session, May 20, 1996
Buol, Krieg, Michalski, Robbins, Voetberg.Emergency Code Enforcement Loan
Nays—None. Absent—Council MemberProgram
Nicholson.Problem Properties Management
Operation Paintbrush
RESOLUTION NO. 172-96Moderate Income Rental Rehab Loan
A RESOLUTION AUTHORIZINGProgram
PUBLICATION OF A COMBINED NOTICEHousing Rehabilitation Services and Staff
OF FINDING OF NO SIGNIFICANT IMPACTHousing Planning/Administrative Services
ON THE ENVIRONMENT AND NOTICE OFand Staff
INTENT TO REQUEST RELEASE OFNeighborhood and Community
FUNDS FOR CERTAIN COMMUNITYDevelopment Programs
DEVELOPMENT BLOCK GRANTCommunity Partnership Program (cp2)
PROJECTSHealthy Mouths/Healthy Children
Whereas, the City of Dubuque will enterHillcrest Family Services - Installation of
into a Grant Agreement for the Fiscal Yearelevator
commencing July 1, 1996, with the U.S.Summer Day Camp (Four Mounds
Department of Housing and UrbanFoundation)
Development, providing for financialProject Self-Reliance (ECIA)
assistance to the City under Title I of theCHOICES ( Substance Abuse Services
Housing and Community Development Act ofCenter)
1974, as amended; andResidential Advancement Program
Whereas, pursuant to the rules and(Heartland Housing Initiative)
regulations as promulgated by the U.S.Kaleidoscope: Artreach Alley (Dubuque
Department of Housing and UrbanCounty Fine Arts Society)
Development, an environmental review hasSenior Center
been processed for the hereinafter listedFamily Self-Sufficiency
projects to be financed with CommunityInformation and Referral Service
Development Block Grant funds; andNeighborhood Recreation Programs
Whereas, based on said environmentalNeighborhood Sidewalk Program
review, the Department of Community andNeighborhood Park Improvements
Economic Development has determined thatChild Care Initiative
said projects will have no significant impact onChild Care Resource and Referral Service
the environment; andNeighborhood Support Grants
Whereas, a combined notice of " Finding ofNeighborhood Communication Grants
No Significant Impact on the Environment"Washington Tool Library
and of "Intent to Request Release of Funds"Zoning Inspection/Enforcement
for said project will be sent by regular mail toHistoric Preservation
various federal, state and local publicLeadership Training
agencies; to the appropriate Regional Office ofNeighborhood Development Services and
the Environmental Protection Agency, to theStaff
HUD Area Office and to the local news media,Economic Development Programs
individuals and groups known to be interestedEconomic Development Financial
and believed to be appropriate to receive suchAssistance Program
a notice; andAcquisition/Disposition
Whereas, any and all comments receivedIndustrial Sites Planing
as a result of such notice will be dulyStaff Support for above projects
considered before proceeding with a RequestPlanning and Administration
for Release of Funds and Certification.CDBG Administration Services and Staff
NOW, THEREFORE, BE IT RESOLVEDCity Planning Services and Staff
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the environmental review
DUBUQUE, IOWA:record for each of the projects shall be placed
Section 1. That the City Clerk be and ison file in the Office of the City Clerk where
hereby authorized and directed to publish asaid record may be examined and copied by
combined Notice of Finding of No Significantany interested party.
Impact on the Environment and Notice ofSection 3. That the Mayor of the City of
Intent to Request Release of Funds for theDubuque is hereby authorized and directed to
following identified projects and to make thesubmit to the U.S. Department of Housing and
Environmental Review Record for saidUrban Development fifteen (15) days after
projects available for public inspection andpublication of appropriate notice a Request for
comment until 4:30 p.m on June 7, 1996.Release of Funds to undertake the said
Such notice shall be in the form of Exhibit "A"projects.
attached hereto and made a part hereof.Section 4. That the Mayor of the City of
Housing ProgramsDubuque is hereby authorized to consent to
Residential Rehab Loan Programassume the status of a responsible federal
Housing Trustofficial under the National Environmental
Purchase/Rehab ResaleProtection Act, insofar as the provisions of the
Code Enforcement Staff and Servicessaid Act apply to the U.S. Department of
First Time HomeBuyer Initiative AssistanceHousing and Urban Development
Programresponsibilities for review, decision making,
Lead Paint Hazard Abatement Projectand action assumed and carried out by the
City of Dubuque as to environmental issues.
Regular Session, May 20, 1996
Section 5. That the Mayor of the City ofImprovements is hereby ordered to be
Dubuque is hereby authorized to consentadvertised for bids for construction.
personally, in his official capacity and onSection 3.That the amount of security to
behalf of the City of Dubuque, to accept theaccompany each bid shall be in an amount
jurisdiction of the federal courts if an action iswhich shall conform to the provisions of the
brought to enforce responsibilities in relation toNotice to Bidders hereby approved as part of
environmental review, decision making andthe plans and specifications heretofore
action.adopted.
Section 6. That the Mayor of the City ofSection 4. That the City Clerk is hereby
Dubuque be and he is hereby authorized anddirected to advertise for bids for the
directed to execute a certification pertaining toconstruction of the improvements herein
the environmental review procedures.provided to be published in a newspaper
Passed, approved and adopted this 20thhaving general circulation in the City of
day of May, 1996.Dubuque, Iowa, which notice shall not be less
Terrance M. Duggan, Mayorthan four days, nor more than twenty days
Attest:Mary A.Davis, City Clerkprior to the receipt of said bids at 2:00 P.M. on
Council Member Voetberg moved adoptionthe 29th day of May, 1996. Bids shall be
of the Resolution. Seconded by Councilopened and read by the City Clerk at said time
Member Robbins. Carried by the followingand will be submitted to the City Council for
vote: Yeas—Mayor Duggan, Council Membersfinal action at 7:00 P.M. on the 17th day of
Buol, Krieg, Michalski, Robbins, Voetberg.June, 1996.
Nays—None. Absent—Council MemberPassed, approved and adopted this 20th
Nicholson. day of May, 1996.
Terrance M. Duggan, Mayor
City Manager recommending KSFATTEST: Mary A. Davis, City Clerk
Associates Inc. be hired to assist inCouncil Member Voetberg moved adoption
organization development efforts in the four (4)of the Resolution. Seconded by Council
solid waste collection activities, presented andMember Robbins. Carried by the following
read. Council Member Voetberg moved thatvote: Yeas—Mayor Duggan, Council Members
the recommendation be approved. SecondedBuol, Krieg, Michalski, Robbins, Voetberg.
by Council Member Robbins. Carried by theNays—None. Absent—Council Member
following vote: Yeas—Mayor Duggan, CouncilNicholson.
Members Buol, Krieg, Michalski, Robbins,
Voetberg. Nays—None. Absent—CouncilCity Manager recommending support of
Member Nicholson. improvement of U.S. 151 between Dickeyville
and Dodgeville, presented and read. Council
City Manager advising no bids wereMember Voetberg moved that the
received for the Pollution Control Plantcommunication be received and filed.
Improvements Phase III on May 14, 1996 andSeconded by Council Member Robbins.
recommending to re-order bids for the project,Carried by the following vote: Yeas—Mayor
presented and read. Council MemberDuggan, Council Members Buol, Krieg,
Voetberg moved that the communication beMichalski, Robbins, Voetberg. Nays—None.
received and filed. Seconded by CouncilAbsent—Council Member Nicholson.
Member Robbins. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 174-96
Buol, Krieg, Michalski, Robbins, Voetberg.RESOLUTION URGING THE
Nays—None. Absent—Council MemberENUMERATION AND CONSTRUCTION OF
Nicholson. U.S. HIGHWAY 151 BETWEEN BELMONT
AND DICKEYVILLE TO A FOUR-LANE
RESOLUTION NO. 173-96EXPRESSWAY FACILITY
RESCINDING AUTHORIZATION TOWhereas, U.S. Highway 151 between
RECEIVE BIDS FOR THE WATERDubuque, Iowa and Madison, Wisconsin, is
POLLUTION CONTROL PLANT PHASE IIIan important segment of the state's highway
IMPROVEMENTSsystem and is shown on the Wisconsin
Whereas, the City Council authorized theCorridors 2020 Plan as a four-lane highway;
City Clerk to receive bids on the 14th day ofand
May, 1996, for the Water Pollution ControlWhereas, U.S. Highway 151 is currently a
Plant Phase III Improvements at the March 18,four-lane facility between Madison and
1996, Council meeting; andDodgeville, and between Dubuque and
Whereas, no bids were received on theDickeyville; and
14th day of May, 1996, and it is recommendedWhereas, the Dodgeville to Belmont
that it is in the best interest of the City to rebidsegment of this route has been the subject of
the project.a study completed by the Wisconsin
NOW THEREFORE, BE IT RESOLVEDDepartment of transportation and its
BY THE CITY COUNCIL OF THE CITY OFconsultant, and was enumerated by the Major
DUBUQUE, IOWA:Transportation Projects Commission in 1994;
Section 1. That Resolution No. 93-96 isand
hereby rescinded.Whereas, since January of 1995, the
Section 2. That the project titled WaterWisconsin Department of Transportation, with
Pollution Control Plant Phase IIIassistance from Rust Environment and
Infrastructure and in cooperation with the
Regular Session, May 20, 1996
communities along the corridor and theInc. in the installations of monitoring wells on
Southwestern Wisconsin Regional Planningthe public right-of-way; and
Commission has been studying alternativesWHEREAS, the performance of the
for a proposed four-lane route betweenactivities of Montgomery Watson, Inc. will be
Belmont and Dickeyville; andat no cost or expense to the City and all work
Whereas, the Department and Rust havewill be performed by the Licensee; or its
selected a preferred alternative route but theemployees, agents or subcontractors; and
final route has not been selected and theWHEREAS, it is the desire of the City
process is open for additional comments; andCouncil to enter into said License Agreement
Whereas, the overwhelming consensus offor the installation of monitoring wells on the
the communities and citizens along the routepublic right-of-way as requested.
is in support of the completion of a four-laneNOW, THEREFORE, BE IT RESOLVED
divided highway at the earliest possibleBY THE CITY COUNCIL OF THE CITY OF
opportunity.DUBUQUE, IOWA;
NOW, THEREFORE, BE IT RESOLVEDSection 1.That the License Agreement
THAT THE CITY COUNCIL OF THE CITYfor Right-of-Entry for Site Assessment be and
OF DUBUQUE, IOWA, HEREBY:the same is hereby approved.
Section 1. Continues to support the needSection 2.That the Mayor be and is
for the construction of a four-lane dividedhereby authorized to execute said License
highway on the U.S. Highway 151 routeAgreement for and on behalf of the City
between Madison, Wisconsin and Dubuque,Council.
Iowa.Passed, approved and adopted this 20th
Section 2. Urges the Transportationday of May, 1996.
Projects Commission and the WisconsinTerrance M. Duggan, Mayor
Department of Transportation to enumerateAttest: Mary A. Davis, City Clerk
the Belmont to Dickeyville segment of U.S.Council Member Voetberg moved adoption
Highway 151 for timely construction to a four-of the Resolution. Seconded by Council
lane facility.Member Robbins. Carried by the following
Passed, approved and adopted this 20thvote: Yeas—Mayor Duggan, Council Members
day of May, 1996.Buol, Krieg, Michalski, Robbins, Voetberg.
Terrance M. Duggan, MayorNays—None. Absent—Council Member
Attest: Mary A. Davis, City ClerkNicholson.
Council Member Voetberg moved adoption
of the Resolution. Seconded by CouncilCity Manager recommending amendment
Member Robbins. Carried by the followingto the agreement with State regarding
vote: Yeas—Mayor Duggan, Council Membersconstruction of two southbound lanes from
Buol, Krieg, Michalski, Robbins, Voetberg.U.S. 20 to John F. Kennedy Road, presented
Nays—None. Absent—Council Memberand read. Council Member Voetberg moved
Nicholson. that the communication be received and filed.
Seconded by Council Member Robbins.
City Manager recommending MontgomeryCarried by the following vote: Yeas—Mayor
Watson, inc. be permitted to install monitoringDuggan, Council Members Buol, Krieg,
wells on public right-of-way in the vicinity ofMichalski, Robbins, Voetberg. Nays—None.
Eagle Window and Door, presented and read.Absent—Council Member Nicholson.
Council Member Voetberg moved that the
communication be received and filed.RESOLUTION NO. 176-96
Seconded by Council Member Robbins.RESOLUTION APPROVING
Carried by the following vote: Yeas—MayorCOOPERATIVE AGREEMENT WITH THE
Duggan, Council Members Buol, Krieg,IOWA DEPARTMENT OF
Michalski, Robbins, Voetberg. Nays—None.TRANSPORTATION AND DUBUQUE
Absent—Council Member Nicholson. METROPOLITAN AREA
TRANSPORTATION STUDY RELATING TO
RESOLUTION 175-96THE CONSTRUCTION OF TWO
RESOLUTION AUTHORIZING LICENSESOUTHBOUND LANES OF THE
AGREEMENT BETWEEN THE CITY OFNORTHWEST ARTERIAL FROM U.S. 20
DUBUQUE AND MONTGOMERY WATSON,TO JOHN F. KENNEDY ROAD.
INC. TO INSTALL MONITORING WELLSWhereas, the Iowa Department of
ON PUBLIC RIGHT-OF-WAY IN THETransportation is proposing to construct the
VICINITY OF 11TH AND WASHINGTONsouthbound lanes of the Northwest Arterial
WHEREAS, Montgomery Watson, Inc. onfrom U.S. 20 to John F. Kennedy Road in
behalf of Eagle Window and Door hasfiscal year 1998;
requested permission from the City ofand whereas, Agreement 96-16-106
Dubuque to install monitoring wells on Cityproposed that the Iowa Department of
right-of-way on 11th and Washington StreetsTransportation borrow $3 million dollars in
for the purpose of assessing currentFederal STP funds from the Dubuque
groundwater conditions at the Eagle WindowMetropolitan Area Transportation Study;
and Door property; andand whereas. the Iowa Department of
WHEREAS, a License Agreement Right-Transportation has determined that the no
of-Entry for Site Assessment has beenlonger need said loan and have budgeted the
prepared outlining the responsibilities of Eaglenecessary funds in fiscal year 1997;
Window and Door and Montgomery Watson,
Regular Session, May 20, 1996
and whereas, the City Council of the City ofAttest: Mary A. Davis, City Clerk
Dubuque, approves the terms and conditionsCouncil Member Voetberg moved adoption
of said cooperative agreement.of the Resolution. Seconded by Council
NOW, THEREFORE, BE IT RESOLVEDMember Robbins. Carried by the following
BY THE CITY COUNCIL OF THE CITY OFvote: Yeas—Mayor Duggan, Council Members
DUBUQUE, IOWA:Buol, Krieg, Michalski, Robbins, Voetberg.
Section 1. That agreement number 96-A-Nays—None. Absent—Council Member
179, consisting of a cooperative agreementNicholson.
with the Iowa Department of Transportation
and the Dubuque Metropolitan AreaRESOLUTION NO. 178-96
Transportation Study for the construction ofFINAL ESTIMATE
two southbound lanes of the NorthwestWhereas, the contract for the Traffic Signal
Arterial from U.S. 20 to John F. KennedyInstallation and Turn Lane at Asbury Road and
Road be approved.the Northwest Arterial Intersection has been
Section 2. That the Mayor be authorizedcompleted and the City Engineer has
and directed to execute three copies of thesubmitted his final estimate showing the cost
Cooperative Agreement and forward thethereof including the cost of estimates, notices
executed copies to the Iowa Department ofand inspection and all miscellaneous costs;
Transportation and the Dubuque MetropolitanNOW THEREFORE, BE IT RESOLVED
Transportation Study for their approval.BY THE CITY COUNCIL OF THE CITY OF
Passed, approved and adopted this 20thDUBUQUE, IOWA:
day of May, 1996.Section 1. That the cost of said
Terrance M. Duggan, Mayorimprovement is hereby determined to be
Attest: Mary A. Davis, City Clerk$59,937.55 said amount shall be paid from the
Council Member Voetberg moved adoptionStreet Construction Fund of the City of
of the Resolution. Seconded by CouncilDubuque, Iowa.
Member Robbins. Carried by the followingPassed, approved and adopted this 20th
vote: Yeas—Mayor Duggan, Council Membersday of May, 1996.
Buol, Krieg, Michalski, Robbins, Voetberg.Terrance M. Duggan, Mayor
Nays—None. Absent—Council MemberAttest: Mary A. Davis, City Clerk
Nicholson. Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
City Manager recommending acceptance ofMember Robbins. Carried by the following
contract for construction of a traffic signal atvote: Yeas—Mayor Duggan, Council Members
the intersection of the Northwest Arterial andBuol, Krieg, Michalski, Robbins, Voetberg.
Asbury Road, presented and read. CouncilNays—None. Absent—Council Member
Member Voetberg moved that theNicholson.
communication be received and filed.
Seconded by Council Member Robbins.City Manager recommending acceptance of
Carried by the following vote: Yeas—Mayorthe Construction contract for the Walnut
Duggan, Council Members Buol, Krieg,Street Retaining Wall, presented and read.
Michalski, Robbins, Voetberg. Nays—None.Council Member Voetberg moved that the
Absent—Council Member Nicholson. communication be received and filed.
Seconded by Council Member Robbins.
RESOLUTION NO. 177-96Carried by the following vote: Yeas—Mayor
ACCEPTING IMPROVEMENTDuggan, Council Members Buol, Krieg,
Whereas, the contract for the Traffic SignalMichalski, Robbins, Voetberg. Nays—None.
Installation and Turn Lane at Asbury Road andAbsent—Council Member Nicholson.
the Northwest Arterial Intersection has been
completed and the City Manager hasRESOLUTION NO. 179-96
examined the work and filed his certificateACCEPTING IMPROVEMENT
stating that the same has been completedWhereas, the contract for the Walnut
according to the terms of the contract, plansStreet Retaining Wall has been completed and
and specifications and recommends itthe City Manager has examined the work and
acceptance.filed his certificate stating that the same has
NOW THEREFORE, BE IT RESOLVEDbeen completed according to the terms of the
BY THE CITY COUNCIL OF THE CITY OFcontract, plans and specifications and
DUBUQUE, IOWA:recommends it acceptance.
Section 1. That the recommendation of theNOW THEREFORE, BE IT RESOLVED
City Manager be approved and that saidBY THE CITY COUNCIL OF THE CITY OF
improvement be and the same is herebyDUBUQUE, IOWA:
accepted.Section 1. That the recommendation of the
BE IT FURTHER RESOLVED that the CityCity Manager be approved and that said
Treasurer be and he is hereby directed to payimprovement be and the same is hereby
to the contractor from Street Constructionaccepted.
Fund in amount equal to the amount of hisBE IT FURTHER RESOLVED that the City
contract, less any retained percentageTreasurer be and he is hereby directed to pay
provided for therein.to the contractor from the Street Construction
Passed, approved and adopted this 20thFund in amount equal to the amount of his
day of May, 1996.contract, less any retained percentage
Terrance M. Duggan, Mayorprovided for therein.
Regular Session, May 20, 1996
Passed, approved and adopted this 20thcontract, less any retained percentage
day of May, 1996.provided for therein.
Terrance M. Duggan, MayorPassed, approved and adopted this 20th
Attest: Mary A. Davis, City Clerkday of May, 1996.
Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk
Member Robbins. Carried by the followingCouncil Member Voetberg moved adoption
vote: Yeas—Mayor Duggan, Council Membersof the Resolution. Seconded by Council
Buol, Krieg, Michalski, Robbins, Voetberg.Member Robbins. Carried by the following
Nays—None. Absent—Council Membervote: Yeas—Mayor Duggan, Council Members
Nicholson. Buol, Krieg, Michalski, Robbins, Voetberg.
Nays—None. Absent—Council Member
RESOLUTION NO. 180-96Nicholson.
FINAL ESTIMATE
Whereas, the contract for the WalnutRESOLUTION NO. 182-96
Street Retaining Wall has been completed andFINAL ESTIMATE
the City Engineer has submitted his finalWhereas, the contract for the Wilbur Street
estimate showing the cost thereof includingRetaining Wall has been completed and the
the cost of estimates, notices and inspectionCity Engineer has submitted his final estimate
and all miscellaneous costs;showing the cost thereof including the cost of
NOW THEREFORE, BE IT RESOLVEDestimates, notices and inspection and all
BY THE CITY COUNCIL OF THE CITY OFmiscellaneous costs;
DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED
Section 1. That the cost of saidBY THE CITY COUNCIL OF THE CITY OF
improvement is hereby determined to beDUBUQUE, IOWA:
$45,127.93 and the said amount shall be paidSection 1. That the cost of said
from the Street Construction Fund of the Cityimprovement is hereby determined to be
of Dubuque, Iowa.$45,728.44 and the said amount shall be paid
Passed, approved and adopted this 20thfrom the Street Construction Fund of the City
day of May, 1996.of Dubuque, Iowa.
Terrance M. Duggan, MayorPassed, approved and adopted this 20th
Attest: Mary A. Davis, City Clerkday of May, 1996.
Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk
Member Robbins. Carried by the followingCouncil Member Voetberg moved adoption
vote: Yeas—Mayor Duggan, Council Membersof the Resolution. Seconded by Council
Buol, Krieg, Michalski, Robbins, Voetberg.Member Robbins. Carried by the following
Nays—None. Absent—Council Membervote: Yeas—Mayor Duggan, Council Members
Nicholson. Buol, Krieg, Michalski, Robbins, Voetberg.
Nays—None. Absent—Council Member
City Manager recommending acceptance ofNicholson.
the Construction contract for the Wilbur Street
Retaining Wall, presented and read. CouncilCity Manager recommending acceptance of
Member Voetberg moved that thethe construction contract for the Alice Street
communication be received and filed.Retaining Wall, presented and read. Council
Seconded by Council Member Robbins.Member Voetberg moved that the
Carried by the following vote: Yeas—Mayorcommunication be received and filed.
Duggan, Council Members Buol, Krieg,Seconded by Council Member Robbins.
Michalski, Robbins, Voetberg. Nays—None.Carried by the following vote: Yeas—Mayor
Absent—Council Member Nicholson. Duggan, Council Members Buol, Krieg,
Michalski, Robbins, Voetberg. Nays—None.
RESOLUTION NO. 181-96Absent—Council Member Nicholson.
ACCEPTING IMPROVEMENT
Whereas, the contract for the Wilbur StreetRESOLUTION NO. 183-96
Retaining Wall has been completed and theACCEPTING IMPROVEMENT
City Manager has examined the work and filedWhereas, the contract for the Alice Street
his certificate stating that the same has beenRetaining Wall has been completed and the
completed according to the terms of theCity Manager has examined the work and filed
contract, plans and specifications andhis certificate stating that the same has been
recommends it acceptance.completed according to the terms of the
NOW THEREFORE, BE IT RESOLVEDcontract, plans and specifications and
BY THE CITY COUNCIL OF THE CITY OFrecommends it acceptance.
DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED
Section 1. That the recommendation of theBY THE CITY COUNCIL OF THE CITY OF
City Manager be approved and that saidDUBUQUE, IOWA:
improvement be and the same is herebySection 1. That the recommendation of the
accepted.City Manager be approved and that said
BE IT FURTHER RESOLVED that the Cityimprovement be and the same is hereby
Treasurer be and he is hereby directed to payaccepted.
to the contractor from the Street ConstructionBE IT FURTHER RESOLVED that the City
Fund in amount equal to the amount of hisTreasurer be and he is hereby directed to pay
Regular Session, May 20, 1996
to the contractor from the Street ConstructionSection 1. The City Council of the City of
Fund in amount equal to the amount of hisDubuque, Iowa, hereby approves of, accepts
contract, less any retained percentageand consents to the Quit Claim Deed from
provided for therein.Letna Properties, copies of which are attached
Passed, approved and adopted this 20thhereto, as required by Iowa Code Section
day of May, 1996.569.7.
Terrance M. Duggan, MayorSection 2. The Mayor is hereby authorized
Attest: Mary A. Davis, City Clerkand directed to execute and acknowledge on
Council Member Voetberg 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 20th
vote: Yeas—Mayor Duggan, Council Membersday of May, 1996.
Buol, Krieg, Michalski, Robbins, Voetberg.Terrance M. Duggan, Mayor
Nays—None. Absent—Council MemberAttest: Mary A. Davis, City Clerk
Nicholson. Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
RESOLUTION NO. 184-96Member Robbins. Carried by the following
FINAL ESTIMATEvote: Yeas—Mayor Duggan, Council Members
Whereas, the contract for the Alice StreetBuol, Krieg, Michalski, Robbins, Voetberg.
Retaining Wall has been completed and theNays—None. Absent—Council Member
City Engineer has submitted his final estimateNicholson.
showing the cost thereof including the cost of
estimates, notices and inspection and allCity Manager recommending approval of a
miscellaneous costs;contract of services with Loras College Center
NOW THEREFORE, BE IT RESOLVEDfor Business and Social Research for a City
BY THE CITY COUNCIL OF THE CITY OFwide "Rental Unit Survey", presented and
DUBUQUE, IOWA:read. Council Member Voetberg moved that
Section 1. That the cost of saidthe communication be received and filed and
improvement is hereby determined to berecommendation approved. Seconded by
$67,401.67 and the said amount shall be paidCouncil Member Robbins. Carried by the
from Street Construction Fund of the City offollowing vote: Yeas—Mayor Duggan, Council
Dubuque, Iowa.Members Buol, Krieg, Michalski, Robbins,
Passed, approved and adopted this 20thVoetberg. Nays—None. Absent—Council
day of May, 1996.Member Nicholson.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkRESOLUTION NO. 186-96
Council Member Voetberg moved adoptionNOW, THEREFORE, BE IT RESOLVED
of the Resolution. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Robbins. Carried by the followingDUBUQUE, IOWA:
vote: Yeas—Mayor Duggan, Council MembersThat the following having complied with the
Buol, Krieg, Michalski, Robbins, Voetberg.provisions of law relating to the sale
Nays—None. Absent—Council Memberof Cigarettes within the City of Dubuque, Iowa,
Nicholson. be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
City Manager recommending acceptance ofRace CraftersThunderfest
Quit Claim Deed for a portion of right-of-wayHawthorne St.
on Asbury Road, presented and read. CouncilPassed, approved and adopted this 20th
Member Voetberg moved that theday of May, 1996.
communication be received and filed.Terrance M. Duggan, Mayor
Seconded by Council Member Robbins.Attest: Mary A. Davis, City Clerk
Carried by the following vote: Yeas—MayorCouncil Member Voetberg moved adoption
Duggan, Council Members Buol, Krieg,of the Resolution. Seconded by Council
Michalski, Robbins, Voetberg. Nays—None.Member Robbins. Carried by the following
Absent—Council Member Nicholson. vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Robbins, Voetberg.
RESOLUTION NO. 185-96Nays—None. Absent—Council Member
RESOLUTION ACCEPTING ANicholson.
CONVEYANCE OF PROPERTY IN
ASBURY ROAD TO THE CITY OFRESOLUTION NO. 187-96
DUBUQUEWhereas, applications for Beer Permits
Whereas, Letna Properties has agreed tohave been submitted and filed to this Council
convey Lot 1 of the NE 1/4 of the NE 1/4 offor approval and the same have been
Sec. 20, T89N, R2E, 5th P.M., Dubuqueexamined and approved; and
County, Iowa, in the City of Dubuque, Iowa, asWhereas, the premises to be occupied by
shown on the Acquisition Plat thereof to thesuch applicants were inspected and found to
City of Dubuque; andcomply with the Ordinances of this City and
Whereas, Letna Properties have executedhave filed proper bonds.
a conveyance of said property.NOW, THEREFORE, BE IT RESOLVED
NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA:
Regular Session, May 20, 1996
That the Manager be authorized to cause toBuol, Krieg, Michalski, Robbins, Voetberg.
be issued the following named applicants aNays—None. Absent—Council Member
Beer Permit.Nicholson.
CLASS "B" BEER PERMIT
Race Crafters Inc. ThunderfestCouncil Member Voetberg moved that the
+(Sunday Sales & Outdoor Ser)rules be suspended to allow anyone present to
Hawthorne St Northaddress the Council if they so desire.
Race Crafters Inc.ThunderfestSeconded by Council Member Robbins.
Hawthorne St SouthCarried by the following vote: Yeas—Mayor
Race Crafters Inc. ThunderfestDuggan, Council Members Buol, Krieg,
Hawthorne St. CentralMichalski, Robbins, Voetberg. Nays—None.
Race Crafters Inc.ThunderfestAbsent—Council Member Nicholson.
Volunteer Dr
Race Crafters Inc.ThunderfestProofs of Publication certified to by the
Lake St NorthPublisher on Notice to consider vacation of a
Race Crafters Inc.Thunderfestportion of Charter street from Terminal Street
Lake St Southto vacated Water Street AND a public hearing
Class "BE" Beer & Wineto consider disposing of said property to Newt
Robert F. BeecherBeecher Co. Inc.Marine and Mulgrew Oil Co., presented and
+(Sunday Sale )1691 Asbury Rdread. Council Member Voetberg moved that
Passed, approved and adopted this 20ththe communication be received and filed.
day of May, 1996.Seconded by Council Member Buol. Carried
Terrance M. Duggan, Mayorby the following vote: Yeas—Mayor Duggan,
Attest: Mary A Davis, City ClerkCouncil Members Buol, Krieg, Robbins,
Council Member Voetberg moved adoptionVoetberg. Nays—None. Absent—Council
of the Resolution. Seconded by CouncilMember Nicholson.
Member Robbins. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersAn Ordinance Vacating a portion of Charter
Buol, Krieg, Michalski, Robbins, Voetberg.Street from Terminal Street to vacated Water
Nays—None. Absent—Council MemberStreet and from the West Line of Vacated
Nicholson. Water Street to the East line of Lot 1, Block 15
and Lot 1 Block 18 of Dubuque Harbor
RESOLUTION NO. 188-96Company's Addition in the City, said
Whereas, applications for Liquor LicensesOrdinance having been presented and read at
have been submitted to this Council forthe Council Meeting of 5-6-96, presented for
approval and the same have been examinedfurther action.
and approved; and
Whereas, the premises to be occupied by(OFFICIAL PUBLICATION)
such applicants were inspected and found toORDINANCE NO. 31-96
comply with the State Laws and all CityORDINANCE VACATING A PORTION OF
Ordinances relevant thereto and they haveCHARTER STREET FROM TERMINAL
filed proper bonds.STREET TO VACATED WATER STREET
NOW, THEREFORE, BE IT RESOLVEDAND FROM THE WEST LINE OF VACATED
BY THE CITY COUNCIL OF THE CITY OFWATER STREET TO THE EAST LINE OF
DUBUQUE, IOWA:LOT 1, BLOCK 15 AND LOT 1 BLOCK 18
That the Manager be authorized to cause toOF DUBUQUE HARBOR COMPANY'S
be issued the following named applicantsADDITION IN THE CITY OF DUBUQUE,
a Liquor License.IOWA
CLASS "C" (COMMERCIAL)Whereas, Jim Mulgrew, Mulgrew Oil
BEER & LIQUOR LICENSECompany, has requested the vacating of a
Jason Inc.Park Square Tavernportion of Charter Street from Terminal Street
+(Sunday Sales)600 Central Ave.to vacated Water Street and from the west line
M M & H.Silver Dollar Cantinaof vacated Water Street to the east line of Lot
+(Sunday Sales)342 Main St. 1, Block 15 and Lot 1 Block 18 of Dubuque
DBQ IncShot Tower Inc.Harbor Company's Addition in the City of
+(Sunday Sales)390 Locust St.Dubuque, Iowa; and
Beverly A. LarsenDenny's Lux ClubWhereas, IIW Engineers and Surveyors,
+(Sunday Sales)3050 Asbury RdP.C., Dubuque, Iowa, has prepared and
Bernice M BauerB'Z Dart Innsubmitted to the City Council a plat showing
(Sunday Sales)431 Rhomberg Avethe vacated portion of Charter Street and
Greater DBQ River Boat - assigned lot numbers thereof, which
Diamond Jo Casinohereinafter shall be known and described as
(Additional Outdoor Ser)403 E 3rd StLot 1 of 1 and Lot 2 of 1 of Block 16A of
Passed, approved and adopted this 20thDubuque Harbor Company's Addition in the
day of May, 1996.City of Dubuque, Iowa; and
Terrance M. Duggan, MayorWhereas, the City Council of the City of
Attest: Mary A. Davis, City ClerkDubuque, Iowa has determined that this
Council Member Voetberg moved adoptionportion of Charter Street is no longer required
of the Resolution. Seconded by Councilfor public use, and vacating of said portion of
Member Robbins. Carried by the followingCharter Street known as Lot 1 of 1 and Lot 2
vote: Yeas—Mayor Duggan, Council Membersof 1 of Block 16A of Dubuque Harbor
Regular Session, May 20, 1996
Company's Addition in the City of Dubuque,Iowa in the hereinabove described real estate
Iowa and from the west line of vacated Waterto Gary Newt, Newt Marine, and Mulgrew Oil
Street to the east line of Lot 1, Block 15 andCompany.
Lot 1 Block 18 of Dubuque Harbor Company'sNOW, THEREFORE, BE IT RESOLVED
Addition in the City of Dubuque, Iowa, shouldBY THE CITY COUNCIL OF THE CITY OF
be approved.DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVEDSection 1. That the disposal of the interest
BY THE CITY COUNCIL OF THE CITY OFof the City of Dubuque, Dubuque County,
DUBUQUE, IOWA:Iowa in real property described as Lot 1 of 1 of
Section 1. That the real estate described asBlock 16A of Dubuque Harbor Company's
Lot 1 of 1 and Lot 2 of 1 of Block 16A ofAddition in the City of Dubuque, Iowa to Gary
Dubuque Harbor Company's Addition in theNewt, Newt Marine, be and the same is
City of Dubuque, Iowa, and that part ofhereby approved for the sum of $2,689.00,
Charter Street from the west line of vacatedplus one-half of publication and filing fees, Lot
Water Street to the east line of Lot 1, Block 152 of 1 of Block 16A of Dubuque Harbor
and Lot 1 Block 18 of Dubuque HarborCompany's Addition in the City of Dubuque,
Company's Addition in the City of Dubuque,Iowa and vacated Charter Street from the west
Iowa, be and the same is hereby vacated.line of vacated Water Street to the east line of
Passed, approved and adopted this 20thLot 1, Block 15 and Lot 1 Block 18 of
day of May, 1996.Dubuque Harbor Company's Addition in the
Terrance M. Duggan, MayorCity of Dubuque, Iowa to Mulgrew Oil
Attest: Mary A. Davis, City ClerkCompany be and the same is hereby approved
Published officially in the Telegraph Heraldfor the sum of $6,865.00, plus one-half of
newspaper this 31st day of May, 1996.publication and filing fees; conveyance shall
1t 5/31Mary A. Davis CMC, City Clerkbe by Quit Claim Deed.
Council Member Voetberg moved finalSection 2. That the Mayor be authorized
consideration and passage of the Ordinance.and directed to execute a Quit Claim Deed,
Seconded by Council Member Buol. Carriedand the City Clerk be and is hereby authorized
by the following vote: Yeas—Mayor Duggan,and directed to deliver said deed of
Council Members Buol, Krieg, Michalski,conveyance to the above named grantees
Robbins, Voetberg. Nays—None.upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is
Absent—Council Member Nicholson.
hereby authorized and directed to record a
certified copy of this resolution in the office of
City Manager recommending to vacate
the City Assessor, Dubuque County Recorder
property and dispose of property at rate of
and the Dubuque County Auditor.
$1.00 per square foot, presented and read.
Passed, approved and adopted this 20th
Council Member Voetberg moved that the
day of May, 1996.
communication be received and filed.
Terrance M. Duggan, Mayor
Seconded by Council Member Buol. Carried
Attest: Mary A. Davis, City Clerk
by the following vote: Yeas—Mayor Duggan,
Council Member Voetberg moved adoption
Council Members Buol, Krieg, Michalski,
of the Resolution. Seconded by Council
Robbins, Voetberg. Nays—None.
Member Buol. Carried by the following vote:
Absent—Council Member Nicholson.
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Robbins, Voetberg.
RESOLUTION NO. 189-96
Nays—None. Absent—Council Member
Whereas, pursuant to resolution and
Nicholson.
published notice of time and place of hearing,
published in the Telegraph Herald, a
Annual Council appointments to the
newspaper of general circulation published in
Greater Dubuque Development Corporation
the City of Dubuque, Iowa on 10th day of May,
(GDDC). (Currently Dan Nicholson & Katie
1996, the City Council of the City of Dubuque,
Krieg). Council Member Voetberg moved that
Iowa met on the 20th day of May, 1996, at
Dan Nicholson and Katie Krieg were appointed
7:00 p.m. in the Public Library Auditorium,
11th and Locust, Dubuque, Dubuque County,to continue to serve on the GDDC. Seconded
Iowa to consider the proposal for the sale ofby Council Member Robbins. Carried by the
real estate described as:following vote: Yeas—Mayor Duggan, Council
Lot 1 of 1 of Block 16A of Dubuque HarborMembers Buol, Krieg, Michalski, Robbins,
Company's Addition in the City ofVoetberg. Nays—None. Absent—Council
Dubuque, Iowa to Gary Newt, Newt Marine,Member Nicholson.
and Lot 2 of 1 of Block 16A of Dubuque
Harbor Company's Addition in the City ofCommunications from Norma Duenser,
Dubuque, Iowa and vacated Charter StreetLionel Lapage and William & Verna Bradley
from the west line of vacated Water Streetobjecting to portion of Zoning Ordinance
to the east line of Lot 1, Block 15 and Lot 1regarding parking of recreational vehicles,
presented and read. Council Member
Block 18 of Dubuque Harbor Company's
Voetberg moved that the communications be
Addition in the City of Dubuque, Iowa to
received and filed and this matter referred to
Mulgrew Oil Company; and
the City Manager.
Whereas, the City Council of the City of
Seconded by Council Member Buol. Carried
Dubuque, Iowa overruled any and all
by the following vote: Yeas—Mayor Duggan,
objections, oral or written, to the proposal to
Council Members Buol, Krieg, Michalski,
dispose of interest of the City of Dubuque,
Regular Session, May 20, 1996
Robbins, Voetberg. Nays—None.this resolution to the U. S. Department of
Absent—Council Member Nicholson. Housing and Urban Development.
Passed, approved and adopted this 20th
Verna Bradley spoke requesting that theday of May, 1996.
current Ordinance be changed.Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Tara Roskopp requesting Council toCouncil Member Robbins moved adoption
reconsider their action taken at meeting onof the Resolution. Seconded by Council
May 6 regarding operating a tatoo parlor,Member Voetberg. Carried by the following
presented and read. Council Member Buolvote: Yeas—Mayor Duggan, Council Members
moved that they deny reconsideration ofBuol, Krieg, Michalski, Robbins, Voetberg.
action. Seconded by Council MemberNays—None. Absent—Council Member
Michalski. Carried by the following vote:Nicholson.
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski. Nays—CouncilCity Manager recommending filing of an
Members Robbins, Voetberg.application with HUD for a $4.04 Million
Absent—Council Member Nicholson.Section 108 Loan to assist FDL Foods, Inc.,
presented and read. Council Member
City Manager recommending amendmentsRobbins moved that the communication be
to CDBG FY'96 Annual Action Plan - Sectionreceived and filed. Seconded by Council
108 to Farmland Foods, presented and read.Member Robbins. Carried by the following
Council Member Robbins moved that thevote: Yeas—Mayor Duggan, Council Members
communication be received and filed.Buol, Krieg, Michalski, Robbins, Voetberg.
Seconded by Council Member Voetberg.Nays—None. Absent—Council Member
Carried by the following vote: Yeas—MayorNicholson.
Duggan, Council Members Buol, Krieg,
Michalski, Robbins, Voetberg. Nays—None.RESOLUTION 191-96
Absent—Council Member Nicholson. A RESOLUTION AUTHORIZING THE
FILING OF AN APPLICATION FOR A $4.04
RESOLUTION NO. 190-96MILLION LOAN GUARANTEE THROUGH
RESOLUTION APPROVING ANSUBPART M, SECTION 108 OF THE
AMENDMENT TO THE 1996 ANNUALCOMMUNITY DEVELOPMENT BLOCK
ACTION PLAN FOR THE USE OFGRANT PROGRAM TO ASSIST
PROGRAM YEAR 21 COMMUNITYFARMLAND FOODS, INC.
DEVELOPMENT BLOCK GRANT FUNDSWhereas, under provisions of Subpart M,
Whereas, the City of Dubuque preparedSection 108 of the Housing and Community
and filed a 1996 Annual Action Plan for theDevelopment Act of 1974, as amended, the
use of Program Year 21 CommunityCity of Dubuque is eligible to apply for loan
Development Block Grant fundsguarantee assistance to support economic
("Statement") on or before June 1, 1995; anddevelopment activities within the community;
Whereas, the City of Dubuque now desiresand
to amend said Plan to provide for SectionWhereas, the City of Dubuque, Iowa
M108 loan funding and disbursement ofdesires to assist the renovation and retooling
$4,040,000 to the Economic Developmentof the FDL Foods, Inc. plant by Farmland
Financial Assistance Program for FarmlandFoods, Inc. and create new permanent
Foods; andemployment opportunities for low or moderate
Whereas, said amendment is a substantialincome citizens; and
amendment as provided in the City's CitizenWhereas, the City Council of the City of
Participation Plan and must therefore beDubuque, Iowa has amended the 1996 Annual
approved by resolution of the City CouncilAction Plan to include a Section 108 loan for
after a public hearing by the Communitythis project.
Development Advisory Commission; andNOW, THEREFORE, BE IT RESOLVED
Whereas, the City advertised a publicBY THE CITY COUNCIL OF THE CITY OF
comment period beginning April 11, 1996; andDUBUQUE, IOWA:
Whereas, the Community DevelopmentSection 1. That the City Council authorizes
Advisory Commission reviewed the proposedthe filing of an application for $4.04 million of
amendment at a public hearing on May 13,loan guarantee assistance for Farmland
1996, and has voted to approve saidFoods, Inc. with the U. S. Department of
amendment and to recommend approval byHousing and Urban Development in
the City Council.conformance with Subpart M, Section 108 of
NOW THEREFORE, BE IT RESOLVEDthe Community Development Block Grant
BY THE CITY COUNCIL OF THE CITY OFregulations.
DUBUQUE, IOWA:Section 2.That the Mayor is authorized
Section 1. That the amendment to the 1996and hereby directed to execute said
Annual Action for the use of Program Yearapplication and all certifications on behalf of
Community Development Block Grant fundsthe City Council of the City of Dubuque, Iowa.
attached hereto as Exhibit A is herebySection 3.That the City Manager be and
approved.he is hereby authorized and directed to act as
Section 2. That the City Manager is herebythe official representative of the City of
authorized and directed to submit a copy ofDubuque, Iowa in connection with said loan
guarantee application, and to provide such
Regular Session, May 20, 1996
information as may be requested by the U. S.Bonds to the Borrower under a Loan
Department of Housing and UrbanAgreement between the Issuer and the
Development.Borrower, the obligations of which will be sale
Passed, approved and adopted this 20thto pay the principal of, premium, if any, and
day of May, 1996.interest on the Bonds as and when the same
Terrance M. Duggan, Mayorw\shall be due and payable; and
Attest: Mary A. Davis, City ClerkWhereas, the Bonds, if issued, shall be
Council Member Robbins moved adoptionlimited obligations of the Issuer, and shall not
of the Resolution. Seconded by Councilconstitute nor give rise to a pecuniary liability
Member Voetberg. Carried by the followingof the Issuer or a charge against is general
vote: Yeas—Mayor Duggan, Council Memberscredit or taxing powers, and the principal of,
Buol, Krieg, Michalski, Robbins, Voetberg.interest and premium, if any, on the Bonds
Nays—None. Absent—Council Membershall be payable solely out of the revenues
Nicholson. derived from the Loan Agreement: and
Whereas, before the Bonds may be issued,
City Manager recommending to set Juneit is necessary to conduct a public hearing on
17th for a public hearing to act uponthe proposal to issue the Bonds, all as
$4,900,000 Elderly Care and Housingrequired and provided for by Section 419.9 of
Revenue Bonds for Padre Pio Health Carethe Act and Section 147(f) of the Internal
Center, Inc., presented and read. CouncilRevenue Code; and
Member Voetberg moved that theWhereas, a Memorandum of Agreement in
communication be received and filed andthe form and with the contents set forth in
approved. Seconded by Council MemberExhibit A attached hereto, has been presented
Robbins. Carried by the following vote:to the Issuer which sets forth certain mutual
Yeas—Mayor Duggan, Council Membersundertakings and agreements between the
Buol, Krieg, Michalski, Robbins, Voetberg.Issuer and the Borrower, relating to the further
Nays—None. Absent—Council Memberprocessing of said Bonds.
Nicholson. NOW, THEREFORE, BE IT RESOLVED
by the City Council of the Issuer, as follows:
RESOLUTION NO. 192-96Section 1.The Memorandum of Agreement
A Resolution authorizing the execution of ain the form and with the contents set forth in
Memorandum of Agreement with Padre PioExhibit A attached hereto is hereby approved,
Health Care Center, Inc. and fixing a date forand the Mayor is hereby authorized to attest
a hearing on the proposed issuance of Elderlythe same and to affix the seal of the Issuer
Care and Housing Revenue Bonds (Stonehillthereto; said Memorandum of Agreement,
Care Center Project).which constitutes and is hereby made a part of
Whereas, The City of Dubuque, State ofthis Resolution, to be in substantially the form,
Iowa (the "Issuer") is a City authorized andtext and containing the provisions set forth in
empowered by the provisions of Chapter 419Exhibit A attached hereto.
of the Code of Iowa, 1995, as amended (theSection 2. Officials of the Issuer are hereby
"Act"), to issue revenue bonds for the purposeauthorized to take such further action as may
of financing the cost of acquiring, bybe necessary to carry out the intent and
construction or purchase, land, buildings,purpose of the Memorandum of Agreement.
improvements and equipment, or any interestSection 3. This Council shall meet on the
therein, suitable for the use of any facility for17th day of June, 1996, at the Public Library
an organization described in Section 501(c)(3)Auditorium, Dubuque, Iowa, at 7:00 o'clock
of the Internal Revenue Code (the "Code"),p.m. at which time and place any resident or
which is exempt from federal income tax underproperty owner of the Issuer may present oral
Section 501(a) of the Code (a "Tax-Exemptor written objections on the proposal to issue
Organization") and to retire any existingthe Bonds referred to in the preamble hereof.
indebtedness on such facility; andSection 4. The Clerk is hereby directed to
Whereas, the Issuer has been requestedgive notice of intent to issue the Bonds, setting
by Padre Pio Health Care Center, Inc., (Theforth the amount and purpose thereof, the time
"Borrower"), a Tax-Exempt Organization, towhen and place where the hearing will be held,
issue its Elderly Care and Housing Revenueby publication at least once not less than
Bonds (Stonehill Care Center Project), in anfifteen (15) days prior to the date fixed for the
aggregate principal amount not to exceedhearing, in a newspaper published and having
$4,900,000 (the "Bonds") pursuance to thea general circulation within the Issuer. The
Act for the purpose of (I) financingnotice shall be in substantially the following
improvements to and equipment for theform:
Borrower's existing health care center locatedNOTICE OF INTENT TO ISSUE ELDERLY
at 3485 Windsor Avenue, Dubuque, Iowa (theCARE AND HOUSING REVENUE BONDS
"Project"), (ii) to refinance certain existing(STONEHILL CARE CENTER PROJECT)
indebtedness of the Borrower (the "ExistingThe City Council of Dubuque, Iowa, (the
Debt"). (iii) funding a debt service reserve fund"Issuer") will meet on the 17th day of June,
for the Bonds, and (iv) paying for costs of1996, at 7:00 o'clock p.m., at the Public
issuance and certain other costs associatedLibrary Auditorium in Dubuque, Iowa, for the
with the issuance of the Bonds; andpurpose of conducting a public hearing on the
Whereas, it is proposed to finance theproposal to issue Elderly Care and Housing
foregoing through the issuance of the BondsRevenue Bonds (Stonehill Care Center
and to loan the proceeds from the sale of theProject), of the Issuer, in an aggregate
Regular Session, May 20, 1996
principal amount not to exceed $4,900,000and adopting a Conceptual Development Plan,
(the "Bonds"), and to loan said amount towith Conditions, presented and read. Council
Padre Pio Health Care Center, Inc., (theMember Voetberg moved that the requirement
"Borrower"), for the purpose to (I) financingthat a proposed Ordinance be considered and
improvements to and equipment for thevoted on for passage at two Council Meetings
Borrower's existing health care center locatedprior to the meeting at which it is to be finally
at 3485 Windsor Avenue, Dubuque, Iowa (thepassed be suspended. Seconded by Council
"Project"), (ii) to refinance certain existingMember Buol. Carried by the following vote:
indebtedness of the Borrower (the "ExistingYeas—Mayor Duggan, Council Members
Debt"), (iii) funding a debt service reserveBuol, Krieg, Michalski, Robbins, Voetberg.
fund for the Bonds, and (iv) paying for costs ofNays—None. Absent—Council Member
issuance of the Bonds.Nicholson. Council Member Voetberg moved
The Bonds, when issued, will be limitedthat a Public Hearing be held on the proposed
obligations and will not constitute generalOrdinance on the 3rd day of June, 1996, at
obligations of the Issuer nor will they be7:00 o'clock p.m. at the Public Library
payable in any manner by taxation, but theAuditorium and that the City Clerk be directed
Bonds will be payable solely and only fromto publish notice in the manner prescribed by
amounts received by the Issuer under a Loanlaw. Seconded by Council Member Buol.
Agreement between the Issuer and theCarried by the following vote: Yeas—Mayor
Borrower, the obligations of which will beDuggan, Council Members Buol, Krieg,
sufficient to pay the principal of and interestMichalski, Robbins, Voetberg. Nays—None.
and redemption premium, if any, on the BondsAbsent—Council Member Nicholson.
as and when the same shall become due.
At the time and place, oral or writtenZoning Advisory Commission advising of
objections from any resident or property ownertheir approval to rezone property located at
of the Issuer may be presented. At such405 Southern Avenue from R-2A to CS
meeting or any adjournment thereof, theDistrict as requested by David & Trish Pins,
Issuer shall adopt a resolution determiningpresented and read. Council Member
whether or not to proceed with the issuance ofVoetberg moved that the communication be
the Bonds. Written comments may also bereceived and filed. Seconded by Council
submitted to the Issuer at the Dubuque CityMember Buol. Carried by the following vote:
Hall, 13th and Central Avenue, Dubuque, IowaYeas—Mayor Duggan, Council Members
52001. Written comments must be receivedBuol, Krieg, Michalski, Robbins, Voetberg.
by the above hearing date.Nays—None. Absent—Council Member
By order of the City Council of Dubuque,Nicholson.
Iowa this 20th day of May, 1996.
Mary A. Davis, City ClerkAn Ordinance Amending Zoning Map by
Section 5. All resolutions and parts thereofreclassifying property located at 405 Southern
in conflict herewith are hereby repealed to theAvenue (Vacant Lot next to this address) from
extent of such conflict.R-2A Alternate Two-Family Residential District
Passed and approved May 20, 1996.to CS Commercial Service and Wholesale
Terrance M. Duggan, MayorDistrict, With Conditions, presented and read.
Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved that the
Council Member Voetberg moved adoptionrequirement that a proposed Ordinance be
of the Resolution. Seconded by Councilconsidered and voted on for passage at two
Member Robbins. Carried by the followingCouncil Meetings prior to the meeting at which
vote: Yeas—Mayor Duggan, Council Membersit is to be finally passed be suspended.
Buol, Krieg, Michalski, Robbins, Voetberg.Seconded by Council Member Buol. Carried
Nays—None. Absent—Council Memberby the following vote: Yeas—Mayor Duggan,
Nicholson. Council Members Buol, Krieg, Michalski,
Robbins, Voetberg. Nays—None.
Zoning Advisory Commission advising ofAbsent—Council Member Nicholson. Council
their approval to amend the Conceptual PlanMember Voetberg moved that a Public
for property located at corner of ChavenelleHearing be held on the proposed Ordinance
Road and Associates Drive (near theon the 3rd day of June, 1996, at 7:00 o'clock
Northwest Arterial), presented and read.p.m. at the Public Library Auditorium and that
Council Member Voetberg moved that thethe City Clerk be directed to publish notice in
communication be received and filed.the manner prescribed by law. Seconded by
Seconded by Council Member Buol. CarriedCouncil Member Buol. Carried by the following
by the following vote: Yeas—Mayor Duggan,vote: Yeas—Mayor Duggan, Council Members
Council Members Buol, Krieg, Michalski,Buol, Krieg, Michalski, Robbins, Voetberg.
Robbins, Voetberg. Nays—None.Nays—None. Absent—Council Member
Absent—Council Member Nicholson. Nicholson.
An Ordinance Amending Zoning Map byZoning Advisory Commission advising of
reclassifying property located East of thetheir approval to rezone property located South
Northwest Arterial at Chavenelle Road from R-of Asbury Road and West of the Northwest
1 Single-Family Residential District to PUDArterial from AG to C-3 District as requested
Planned Unit Development District with a PCby QHQ Properties, presented and read.
Planned Commercial District Designation andCouncil Member Voetberg moved that the
a PR Planned Residential District Designationcommunication be received and filed.
Regular Session, May 20, 1996
Seconded by Council Member Buol. CarriedDuggan, Council Members Buol, Krieg,
by the following vote: Yeas—Mayor Duggan,Michalski, Robbins, Voetberg. Nays—None.
Council Members Buol, Krieg, Michalski,Absent—Council Member Nicholson.
Robbins, Voetberg. Nays—None.
Absent—Council Member Nicholson. An Ordinance Amending Zoning Map by
reclassifying property located at 348
An Ordinance Amending Zoning Map byKaufmann Avenue from R-1 Single-Family
reclassifying property located South of AsburyResidential District to R-2 Two-Family
Road and West of the Northwest Arterial fromResidential District, presented and read.
AG Agricultural District to C-3 GeneralCouncil Member Voetberg moved that a Public
Commercial District, with conditions,Hearing be held on the proposed Ordinance
presented and read. Council Memberon the 17th day of June, 1996, at 7:00 o'clock
Voetberg moved that the requirement that ap.m. at the Public Library Auditorium and that
proposed Ordinance be considered and votedthe City Clerk be directed to publish notice in
on for passage at two Council Meetings priorthe manner prescribed by law. Seconded by
to the meeting at which it is to be finallyCouncil Member Michalski. Carried by the
passed be suspended. Seconded by Councilfollowing vote: Yeas—Mayor Duggan, Council
Member Buol. Carried by the following vote:Members Buol, Krieg, Michalski, Robbins,
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Absent—Council
Buol, Krieg, Michalski, Robbins, Voetberg.Member Nicholson.
Nays—None. Absent—Council Member
Nicholson. Council Member Voetberg movedAt 7:23 p.m., Council Member Voetberg
that a Public Hearing be held on the proposedmoved to go into Closed Session in
Ordinance on the 3rd day of June, 1996, ataccordance with Chapter 21.5 1.(j) To discuss
7:00 o'clock p.m. at the Public Librarythe purchase of particular real estate where
Auditorium and that the City Clerk be directedpremature disclosure could be reasonably
to publish notice in the manner prescribed byexpected to increase the price the
law. Seconded by Council Member Buol.governmental body would have to pay for that
Carried by the following vote: Yeas—Mayorproperty. Seconded by Council Member
Duggan, Council Members Buol, Krieg,Michalski. Carried by the following vote:
Michalski, Robbins, Voetberg. Nays—None.Yeas—Mayor Duggan, Council Members
Absent—Council Member Nicholson. Buol, Krieg, Michalski, Robbins, Voetberg.
Nays—None. Absent—Council Member
Zoning Advisory Commission advising ofNicholson.
their denial to rezone property at 607-609 E.
22nd Street and requesting concurrenceCouncil reconvened Regular Session at
without a public hearing (Requested by Ray7:37 p.m. with statement that Staff had been
Fuller), presented and read. Council Membergiven direction.
Robbins moved to concur with the denial.
Seconded by Council Member Krieg. CarriedThere being no further business, Council
by the following vote: Yeas—CouncilMember Buol moved to adjourn. Seconded by
Members Buol, Krieg, Michalski, Robbins,Council Member Voetberg. Carried by the
Voetberg. Nays—Mayor Duggan.following vote: Yeas—Mayor Duggan, Council
Absent—Council Member Nicholson. Members Buol, Krieg, Michalski, Robbins,
Voetberg. Nays—None. Absent—Council
Zoning Advisory Commission advising theirMember Nicholson.
denial to rezone property at 723 Peru Road
from R-2 to C-3 District and requestingThe meeting adjourned at 7:38 p.m.
concurrence without a public hearing
(Requested by James Foht), and Helen M.Mary A. Davis CMC
Vorwald requesting Council not to rezone theCity Clerk
property, presented and read. Council
Member Robbins moved that they concur with
the denial. Seconded by Council Member
Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Robbins, Voetberg.
Nays—None. Absent—Council Member
Nicholson.
Zoning Advisory Commission advising of
their denial to rezone property at 348
Kaufmann Avenue from R-1 to R-2 DistrictApproved , 1997
and requesting concurrence without a public
hearing (Requested by Roger McIntyre) andAdopted , 1997
Roger McIntyre requesting Council set this
matter for public hearing, presented and read.
Council Member Voetberg moved that the
communications be received and filed.Mayor
Seconded by Council Member Michalski.
Carried by the following vote: Yeas—Mayor
Regular Session, May 20, 1996
Council Members
Attest:
City Clerk
Regular Session, May 23, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved , 1997
Adopted , 1997
Special City Council Meeting, Thursday,
May 23, 1996
Council Met at 4:30 p.m., Conference
Room "B", City Hall.
Mayor
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 a Special Session of the City Council called
for the purpose to go into Closed Session to
discuss the purchase of real estate.
At 4:40 p.m., Council Member Michalski
moved to go into Closed Session in
accordance with Ch. 21.5 1.(j) to discuss the
Council Members
purchase of particular real estate where
Attest:
premature disclosure could be reasonably
expected to increase the price the
governmental body would have to pay for that
City Clerk
property. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Nicholson, Michalski, Robbins,
Voetberg. Nays—None.
Council reconvened in Regular Session at
5:09 p.m. with statement that Staff had been
given proper direction regarding the purchase
of property.
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays—None.
The meeting adjourned at 5:10 p.m.
Mary A. Davis CMC
City Clerk