1996 June Council ProceedingsRegular Session, June 3, 1996
damages; Connie Clasen in unknown amount
DUBUQUE
for personal injuries; Janet Freihoefer in
amount of $188.68 for tire damages; William
Knudson in unknown amount for property
CITY COUNCIL
damages; Theodora Richardson in unknown
amount for personal injuries and vehicle
damages, presented and read. Council
OFFICIAL
Member Nicholson moved that the claims and
PROCEEDINGS
suits be referred to the Legal Staff for
investigation and report. Seconded by Council
Member Michalski. Carried by the following
City Council, Regular Session, June 3,
vote: Yeas—Mayor Duggan, Council Members
1996.
Buol, Krieg, Michalski, Nicholson, Robbins.
Council met at 7:00 p.m., Public Library
Nays—None. Absent—Council Member
Auditorium.
Voetberg.
Present: Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins, City
Corporation Counsel advising following
Manager Michael Van Milligen, Corporation
claims have been referred to Crawford &
Counsel Barry Lindahl.
Company, the agent for the Iowa Communities
Absent at Roll Call: Council Member Krieg.
Assurance Pool: Property damage of Arnold
Absent: Council Member Voetberg.
Honkamp; Property damage of Robert D.
Klauer; Personal injury of Georgia Schmit; and
Mayor Duggan read the call and stated this
Corporation Counsel advising car damage
is the Regular Session of the City Council
claim of Mary Huff has been forwarded to
called for the purpose to act upon such
River City Paving, presented and read.
business which may properly come before the
Council Member Nicholson moved that the
Council.
communications be received and filed.
Seconded by Council Member Michalski.
Invocation was given by Rev. Glen Larsen,
Carried by the following vote: Yeas—Mayor
Pastor, Immanuel Congregational Church of
Duggan, Council Members Buol, Krieg,
Christ.
Michalski, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
Council Member Krieg entered the
Chambers at 7:03 p.m.Corporation Counsel recommending partial
settlement of water leak repair claim of Neil
PROCLAMATIONS: June 3-9 as "RisingKelley in the amount of $2,500, presented and
Stars/Independent League Week;" June 3-9read. Council Member Nicholson moved that
as "Vocational Rehabilitation Week" received
the communication be received and filed and
by Don Lavenz; and June 14 as "Marv O'Hare
settlement approved with Finance Director to
Day."
issue check. Seconded by Council Member
Michalski. Carried by the following vote:
MINUTES SUBMITTED—Airport
Yeas—Mayor Duggan, Council Members
Commission of 4-9, 5-6 & 5-13; Cable TV
Buol, Krieg, Michalski, Nicholson, Robbins.
Regulatory Commission of 5-15;
Nays—None. Absent—Council Member
Environmental Stewardship Advisory
Voetberg.
Commission of 5-7; Five Flags Commission of
5-20; Housing Code Appeals Board of 4-23;
Proof of publication certified to by the
Housing Commission of 5-14; Human Rights
publisher on "Combined Public Notices of
Commission of 4-8, presented and read.
Finding of No Significant Effect on the
Council Member Nicholson moved that the
Environment" for various projects, presented
minutes be received and filed. Seconded by
and read. Council Member Nicholson moved
Council Member Michalski. Carried by the
that the proof be received and filed.
following vote: Yeas—Mayor Duggan, Council
Seconded by Council Member Michalski.
Members Buol, Krieg, Michalski, Nicholson,
Carried by the following vote: Yeas—Mayor
Robbins. Nays—None. Absent—Council
Duggan, Council Members Buol, Krieg,
Member Voetberg.
Michalski, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
Printed Council Proceedings for months of
October, November & December, 1995 for
Zoning Advisory Commission advising of
Council approval, presented and read. Council
their approval on survey plat for Ohmert Farm
Member Nicholson moved that the
(James Stark), presented and read. Council
proceedings be approved as printed.
Member Nicholson moved that the
Seconded by Council Member Michalski.
communication be received and filed.
Carried by the following vote: Yeas—Mayor
Seconded by Council Member Michalski.
Duggan, Council Members Buol, Krieg,Carried by the following vote: Yeas—Mayor
Michalski, Nicholson, Robbins. Nays—None.Duggan, Council Members Buol, Krieg,
Absent—Council Member Voetberg. Michalski, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
NOTICES OF CLAIMS/SUITS — Robert
Beecher in amount of $844.46 for vehicleRESOLUTION NO. 193-96
Regular Session, June 3, 1996
A RESOLUTION APPROVING THECouncil Member Nicholson moved that the
SURVEY PLAT OF STARK PLACE, BEINGcommunication be received and filed.
A SUBDIVISION OF BLOCK 1 OFSeconded by Council Member Michalski.
HENSCHEL'S ADDITION IN SECTION 2,Carried by the following vote: Yeas—Mayor
T88N, R2E OF THE 5TH P.M., IN THE CITYDuggan, Council Members Buol, Krieg,
OF DUBUQUE, IOWA AND LOT 1 OFMichalski, Nicholson, Robbins. Nays—None.
OHMERT FARM IN SECTION 3, T88N, R2EAbsent—Council Member Voetberg.
OF THE 5TH P.M., IN DUBUQUE COUNTY,
IOWA.RESOLUTION NO. 194-96
Whereas, there has been filed with the CityRESOLUTION NAMING DEPOSITORIES
Clerk a Survey Plat of Stark Place, being aRESOLVED, that the City Council of the
subdivision of Block 1 of Henschel's AdditionCity of Dubuque, Iowa, in Dubuque County,
in Section 2, T88N, R2E of the 5th P.M., inIowa approves the following list of financial
the City of Dubuque, Iowa and Lot 1 ofinstitutions to be depositories of the City of
Ohmert Farm in Section 3, T88N, R2E of theDubuque, Iowa funds in conformance with all
5th P.M., in Dubuque County, Iowa; andapplicable provisions of Iowa code Chapter
Whereas, said plat provides only 25 feet of453.2. The City Treasurer is hereby
frontage for each lot, where 60 feet is requiredauthorized to deposit the City of Dubuque,
by Section 3-1.1(F) of the Zoning Ordinance;Iowa funds in amounts not to exceed the
andmaximum approved for each respective
Whereas, said plat has been examined byfinancial institution as set out below.
the Zoning Advisory Commission and has itsLocation ofMaximum
approval endorsed thereon; andDepository NameHome OfficeBalance
Whereas, said final plat has beenAmerican Trust & Savings Bank
examined by the City Council and they findDubuque, Iowa$40,000,000
that it conforms to the statutes and ordinancesDubuque Bank & Trust Co.Dubuque, Iowa
relating thereto.$40,000,000
NOW THEREFORE, BE IT RESOLVEDMercantile Bank of Dubuque
BY THE CITY COUNCIL OF THE CITY OFDubuque, Iowa$40,000,000
DUBUQUE, IOWA:Firstar Bank of Dubuque
Section 1. That Section 3-1.1(F) of theDubuque, Iowa$10,000,000
Zoning Ordinance is waived to allow Lot 1 andDUPACO Community Credit Union
Lot 2 of Stark Place to have 25 feet of frontageDubuque, Iowa$10,000,000
for each lot, where 60 feet is required.Firstar Bank, N.A. Cedar Rapids, Iowa
Section 2.That the Survey Plat of Stark$5,000,000
Place, being a subdivision of Block 1 ofCERTIFICATION. I hereby certify that the
Henschel's Addition in Section 2, T88N, R2Eforegoing is a true and correct copy of a
of the 5th P.M., in the City of Dubuque, Iowaresolution of the City Council of Dubuque,
and Lot 1 of Ohmert Farm in Section 3, T88N,Iowa adopted at a meeting of said public body,
R2E of the 5th P.M., in Dubuque County, Iowaduly called and held on the 3rd day of June,
is hereby approved and the Mayor and City1996 a quorum being present, as said
Clerk are hereby authorized and directed toresolution remains a record in the minutes of
endorse the approval of the City of Dubuque,said meeting, and it is now in full force and
Iowa, upon said final plat.effect.
Passed, approved and adopted this 3rd dayDated this 3rd day of June, 1996.
of June, 1996.(SEAL)Mary A. Davis, City Clerk
Terrance M. Duggan, MayorCouncil Member Nicholson moved adoption
Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council
ACCEPTANCE OFMember Michalski. Carried by the following
RESOLUTION NO. 193-96vote: Yeas—Mayor Duggan, Council Members
I, the undersigned, James E. Stark, havingBuol, Krieg, Michalski, Nicholson, Robbins.
read the terms and conditions of theNays—None. Absent—Council Member
Resolution No. 193-96 and being familiar withVoetberg.
the conditions thereof, hereby accept this
same and agree to the conditions requiredCity Manager recommending approval of
therein.Thunderfest agreement for event to be held on
Dated in Dubuque, Iowa this 14th day ofJune 13, 14, 15 & 16, 1996, presented and
June, 1996.read. Council Member Nicholson moved that
By /s/ James E. Starkthe communication be received and filed and
Council Member Nicholson moved adoptionagreement approved. Seconded by Council
of the Resolution. Seconded by CouncilMember Michalski. Carried by the following
Member Michalski. Carried by the followingvote: Yeas—Mayor Duggan, Council Members
vote: Yeas—Mayor Duggan, Council MembersBuol, Krieg, Michalski, Nicholson, Robbins.
Buol, Krieg, Michalski, Nicholson, Robbins.Nays—None. Absent—Council Member
Nays—None. Absent—Council MemberVoetberg.
Voetberg.
City Manager recommending approval of
City Manager recommending approval ofFiscal Year 1997 Purchase of Services
resolution naming depositories for city fundsAgreements for following agencies: Dubuque
providing for name change of Firstar Bank toArea Chamber of Commerce for the
Firstar Bank, N.A., presented and read.Convention and Visitors Bureau; Project
Regular Session, June 3, 1996
Concern, Inc. for the Foster Grandparent#329, AND AUTHORIZING THE MAYOR TO
Program; Project Concern, Inc. for InformationSIGN THE AGREEMENT
and Referral and Child Care and ReferralWhereas, the Sixty-Fifth General Assembly
Services; Helping Services for Northeast Iowa,adopted the Public Employment Relations Act,
Inc.; Greater Dubuque DevelopmentChapter 20, Code of Iowa; and
Corporation; Substance Abuse ServicesWhereas, the City of Dubuque is a public
Center; Operation: New View; Dubuque Mainemployer within the meaning of Section 3 (1)
Street, Ltd.; Retired Senior Volunteerof the Public Employment Relations Act; and
Program; Washington Neighborhood ToolWhereas, the Amalgamated Transit Union,
Library, Inc. and Dubuque Area LaborLocal #329, is an employee organization within
Management Council, presented and read.the meaning of Section 3 (4) of the Public
Council Member Nicholson moved that theEmployment Relations Act; and
communications be received and filed andWhereas, the Amalgamated Transit Union,
approved Agreements. Seconded by CouncilLocal #329, submitted a request to bargain
Member Michalski. Carried by the followingcollectively on behalf of the employees within
vote: Yeas—Mayor Duggan, Councilits representation; and
Members Buol, Krieg, Michalski, Nicholson,Whereas, bargaining between the parties
Robbins. Nays—None. Absent—Councilhas occurred and an agreement has been
Member Voetberg. concluded.
NOW, THEREFORE, BE IT RESOLVED
City Manager recommending approval ofBY THE CITY COUNCIL OF THE CITY OF
Fiscal Year 1997 Wage Plan forDUBUQUE, IOWA:
nonbargaining unit employees andSection 1. That the terms of the agreement
Amalgamated Transit Union, presented andbe approved and the Mayor authorized and
read. Council Member Nicholson moved thatdirected to sign the collective bargaining
the communication be received and filed.agreement.
Seconded by Council Member Michalski.Passed, approved and adopted this 3rd day
Carried by the following vote: Yeas—Mayorof June, 1996.
Duggan, Council Members Buol, Krieg,Terrance M. Duggan, Mayor
Michalski, Nicholson, Robbins. Nays—None.Attest: Mary A. Davis, City Clerk
Absent—Council Member Voetberg. Council Member Nicholson moved adoption
of the Resolution. Seconded by Council
RESOLUTION NO. 195-96Member Michalski. Carried by the following
RESOLUTION APPROVING THE WAGEvote: Yeas—Mayor Duggan, Council Members
PLAN AND COMPENSATION PACKAGEBuol, Krieg, Michalski, Nicholson, Robbins.
FOR NON-BARGAINING UNITNays—None. Absent—Council Member
EMPLOYEESVoetberg.
Whereas, it has been the practice to
provide a compensation package to non-City Manager recommending approval of
bargaining unit employees similar to theSupplement No. 30 to the City Code of
compensation package to be received byOrdinances, presented and read. Council
bargaining unit employees; andMember Nicholson moved that the
Whereas, the proposed wage plan for non-communication be received and filed.
bargaining unit employees represents anSeconded by Council Member Michalski.
increase of 3 percent across the boardCarried by the following vote: Yeas—Mayor
effective July 1, 1996, which is consistent withDuggan, Council Members Buol, Krieg,
the wage increase to be received by three ofMichalski, Nicholson, Robbins. Nays—None.
the City's bargaining units.Absent—Council Member Voetberg.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 197-96
DUBUQUE, IOWA:ADOPTING SUPPLEMENT NO. 30 TO THE
Section 1. That the wage plan andCODE OF ORDINANCES OF THE CITY OF
compensation package for non-bargaining unitDUBUQUE, IOWA
employees is hereby approved.Whereas, under date of July 17, 1989, the
Passed, approved and adopted this 3rd dayCity Council, pursuant to Ordinance No. 34-
of June, 1996.89, readopted the Code of Ordinances of the
Terrance M. Duggan, MayorCity of Dubuque, Iowa for ordinances adopted
Attest: Mary A. Davis, City Clerkup to and including December 19, 1988; and
Council Member Nicholson moved adoptionWhereas, since December 19, 1988 the
of the Resolution. Seconded by CouncilCity Council of the City of Dubuque, Iowa has
Member Michalski. Carried by the followingadopted certain ordinances amending the
vote: Yeas—Mayor Duggan, Council MembersCode of Ordinances and said amendments
Buol, Krieg, Michalski, Nicholson, Robbins.have been printed as supplements to the Code
Nays—None. Absent—Council Memberof Ordinances; and
Voetberg. Whereas, Section 380.8 of the Code of
Ordinances provides that supplements, by
RESOLUTION NO. 196-96resolution, become part of the Code of
RESOLUTION APPROVING THEOrdinances.
AGREEMENT BETWEEN THE CITY OFNOW THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA AND THEBY THE CITY COUNCIL OF THE CITY OF
AMALGAMATED TRANSIT UNION, LOCALDUBUQUE, IOWA:
Regular Session, June 3, 1996
Section 1. That Supplement No. 30 of theAngie's Bar
Code of Ordinances of the City of Dubuque,Angela Mangeno1401 Elm St
Iowa, covering Ordinances through OrdinanceArby's Q-Mart
No. 13-96 enacted through March 4, 1996 andArCon Inc.10 Main St
prepared by the Sterling Codifers, Inc.,Asbury FastopMulgrew Oil
Weiser, ID hereto filed in the Office of the City3300 Asbury Rd
Clerk of the City of Dubuque, Iowa be and isBeecher Co. Inc
hereby adopted and becomes part of the CodeBeecher Co. Inc.1691 Asbury Rd
of Ordinances of the City of Dubuque, Iowa.Big 10 MartMolo Oil Comp.
Passed, approved and adopted this 3rd day9th & Central
of June, 1996.Big 10 Mart
Terrance M. Duggan, MayorMolo Oil Comp.1875 JFK Rd
Attest: Mary A. Davis, City ClerkBig 10 MartMolo Oil Comp.
Council Member Nicholson moved adoption2100 JFK Rd
of the Resolution. Seconded by CouncilBunker Hill Snack Bar
Member Michalski. Carried by the followingGMS Inc.2200 Bunker Hill Rd
vote: Yeas—Mayor Duggan, Council MembersButter's Bar
Buol, Krieg, Michalski, Nicholson, Robbins.Michael J. Sawvell1700 Central Ave
Nays—None. Absent—Council MemberCremer's GroceryCremer Grocery Co.
Voetberg. 731 Rhomberg Ave
Creslanes Bowling Inc.
City Manager responding to commentsCrescent Electric Supply255 Main St
submitted by HUD, presented and read.Dave's PlaceDavid Kann
Council Member Nicholson moved that the537 W 8th St
communication be received and filed.Days InnVendors Unlimited
Seconded by Council Member Michalski.1111 Dodge St
Carried by the following vote: Yeas—MayorDubuque Greyhound Park/Casino
Duggan, Council Members Buol, Krieg,Dubuque Racing Assoc.
Michalski, Nicholson, Robbins. Nays—None.1855 Greyhound Park Dr
Absent—Council Member Voetberg. Dubuque InnVendors Unlimited
3434 Dodge St.
RESOLUTION NO. 198-96Eagles Country Market # 320
NOW, THEREFORE, BE IT RESOLVEDEagle Food Centers, Inc.2050 JFK Rd
BY THE CITY COUNCIL OF THE CITY OFEagles Country Market # 130
DUBUQUE, IOWA:Eagle Food Centers, Inc1800 Elm St
That the following having complied with theEagles Country Market # 018
provisions of law relating to the saleEagle Food Centers, Inc.300 S. Locust
of Cigarettes within the City of Dubuque, Iowa,Econofoods # 471
be granted a permit to sell Cigarettes andNash-Finch Com.3355 JFK Rd
Cigarette Papers within said City.FDL Foods, Inc—-Retail Mrkt
NEWFDL Foods, Inc.701 E. 16th St
Liquor Depot of DubuqueFamily Beverage Center
Liquor Depot1620 JFK RdFamily Beverage Center Inc.
Passed, approved and adopted this 3rd day3400 Central Ave
of June, 1996.Family Mart, Inc.Family Mart, Inc.
Terrance M. Duggan, Mayor3201 Central Ave
Attest: Mary A. Davis, City ClerkGoetz'sJames W. Goetzinger
Council Member Nicholson moved adoption2776 Jackson St
of the Resolution. Seconded by CouncilHappy's PlacePMST Inc.
Member Michalski. Carried by the following2323 Rockdale Rd
vote: Yeas—Mayor Duggan, Council MembersHill Street Oky DokyHill Street Plaza
Buol, Krieg, Michalski, Nicholson, Robbins.535 Hill St
Nays—None. Absent—Council MemberHy-Vee Food StoreHy-Vee Inc.
Voetberg. 3500 Dodge St
IOCO Speede ShoppeIowa Oil Com
RESOLUTION NO. 199 -961998 Jackson
NOW, THEREFORE, BE IT RESOLVEDIOCO Speede ShoppeIowa Oil Com
BY THE CITY COUNCIL OF THE CITY OF3270 Dodge St
DUBUQUE, IOWA:IOCO Speede ShoppeIowa Oil Com
That the following having complied with the3200 Central Ave
provisions of law relating to the saleIOCO Speede ShoppeIowa Oil Com
of Cigarettes within the City of Dubuque, Iowa,2150 Twin Valley Dr
be granted a permit to sell Cigarettes andIOCO Speede ShoppeIowa Oil Com
Cigarette Papers within said City.2335 University Ave
RENEWALSInstant Replay, Inc.Instant Replay, Inc
5-Point Mart1602 Central Ave
5-Point Mart 405 Rhomberg AveIowa Potato Produce House
Admiral'sHi-Hat West Inc.George E Waddell2600 Dodge St
Donald Meyer253 Main StJFK Amoco Foodshop
Airport InnEthel SchwartzMulgrew Oil Com.1701 JFK Rd
574 E 16thJorja's Restr. & Lounge
Regular Session, June 3, 1996
Mindy Lewin3065 Central Avefor approval and the same have been
Julien Motor InnVendors Unlimitedexamined and approved; and
200 Main StWhereas, the premises to be occupied by
K.C. Downtown AutoLynn Krusersuch applicants were inspected and found to
205 Locust Stcomply with the Ordinances of this City and
K-MartK-Mart Corp.have filed proper bonds.
2600 Dodge StNOW, THEREFORE, BE IT RESOLVED
Knickers SaloonCurtis GerhardBY THE CITY COUNCIL OF THE CITY OF
2186 Central AveDUBUQUE, IOWA:
Long Yuen Chinese Rest.That the Manager be authorized to cause to
Sam W. Chiu2600 Dodge Stbe issued the following named applicants a
Loras Amoco FoodshopMulgrew Oil Co.Beer Permit.
1450 Loras BlvdCLASS B BEER PERMIT
McCann's IOCOMcCann's Service Inc.( 5-Day Special Event)
690 W. Locust StDonna Ginter
Martin Oil of DubuquePride Service Inc.Catfish Festival+(Sunday & Outdoor Serv)
280 Locust StHawthorne St
Martin Automagic Car WashDubuque Jaycees
Pride Service Inc.2175 Central AveDubuque Jaycees +(Outdoor Service)
Mike's 76 Auto CenterTown Clock Plaza
Mike Remakel2205 Carter RdCLASS E BEER PERMIT
Monte Carlo Restr.Chung Lim GeeLiquor Depot of Dubuque,Inc. Liquor Depot of
378 Main StDubuque +(Sunday Sales)1620 JFK Rd
Murph's South End TapLaura MurphyPassed, approved and adopted this 3rd day
55 Locust Stof June, 1996.
Neighbors Tap, Inc.Neighbors Inc.Terrance M. Duggan, Mayor
1899 Rockdale RdAttest: Mary A Davis, City Clerk
Old ShangNelda BennettCouncil Member Nicholson moved adoption
1091 Main Stof the Resolution. Seconded by Council
Oky Doky # 7Al HeibergerMember Michalski. Carried by the following
3301 Pennsylvaniavote: Yeas—Mayor Duggan, Council Members
Oky Doky # 21Trans-MissBuol, Krieg, Michalski, Nicholson, Robbins.
2010 Kerper BlvdNays—None. Absent—Council Member
Plaza 20 Amoco FoodshopVoetberg.
Mulgrew Oil Co.2600 Dodge St
Pipe InnBetty KremerRESOLUTION NO. 201-96
555 JFK - Kennedy MallWhereas, applications for Liquor Licenses
Riverside Bowl Inc. Riverside Bowl, Inchave been submitted to this Council for
1860 Hawthorne Stapproval and the same have been examined
Sid's Beverage Store Inc.and approved; and
Beverly Miller2727 Dodge StWhereas, the premises to be occupied by
Target StoreDayton Hudson Corpsuch applicants were inspected and found to
3500 Dodge Stcomply with the State Laws and all City
Tott's TapC. Meyer & L. TottOrdinances relevant thereto and they have
3457 Jackson Stfiled proper bonds.
Union Cigar StoreWhite Tiger Inc.NOW, THEREFORE, BE IT RESOLVED
336 Main StBY THE CITY COUNCIL OF THE CITY OF
Walgreens #377Walgreen ComDUBUQUE, IOWA:
555 JFK-Kennedy MallThat the Manager be authorized to cause to
Walnut TapCraig Weinerbe issued the following named applicants
709 University Avea Liquor License.
Wareco #662Wareco System of Ia. Inc.CLASS C (COMMERCIAL) BEER
700 Rhomberg& LIQUOR LICENSE
West Locust MartLee Potter Sr.Michael & Theresa J. Kalmes
408 W. LocustBreaktime Bar & Grill1097 Jackson St
Passed, approved and adopted this 3rd dayPlastic Center, Inc.Fischer Bowling
of June, 1996. +(Sunday Sales)800 Locust St
Terrance M. Duggan, MayorCLASS C "BW" SPECIAL
Attest: Mary A. Davis, City ClerkLIQUOR LICENSE
Council Member Nicholson moved adoptionWeaver EnterprisePapa Sarducci's
of the Resolution. Seconded by Council+(Sunday Sales)1895 JFK Rd
Member Michalski. Carried by the followingCLASS E LIQUOR LICENSE
vote: Yeas—Mayor Duggan, Council MembersLiquor Depot of Dubuque
Buol, Krieg, Michalski, Nicholson, Robbins.Liquor Depot of Dubuque1620 JFK Rd
Nays—None. Absent—Council MemberPassed, approved and adopted this 3rd day
Voetberg. of June, 1996
Terrance M. Duggan, Mayor
RESOLUTION NO. 200-96Attest: Mary A. Davis, City Clerk
Whereas, applications for Beer PermitsCouncil Member Nicholson moved adoption
have been submitted and filed to this Councilof the Resolution. Seconded by Council
Member Michalski. Carried by the following
Regular Session, June 3, 1996
vote: Yeas—Mayor Duggan, Council MembersWhereas, notice of hearing on plans,
Buol, Krieg, Michalski, Nicholson, Robbins.specifications, form of contract, and estimated
Nays—None. Absent—Council Membercost was published as required by law.
Voetberg. NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Council Member Robbins moved that theDUBUQUE, IOWA:
rules be suspended to allow anyone present toThat the said plans, specifications, form of
address the Council if they so desire.contract and estimated cost are hereby
Seconded by Council Member Nicholson.approved as the plans, specifications, form of
Carried by the following vote: Yeas—Mayorcontract and estimated cost for said
Duggan, Council Members Buol, Krieg,improvements for said project.
Michalski, Nicholson, Robbins. Nays—None.Passed, adopted and approved this 3rd day
Absent—Council Member Voetberg. of June, 1996.
Terrance M. Duggan, Mayor
BOARDS AND COMMISSIONS:Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved adoption
Applicants for the following
of the Resolution. Seconded by Council
Boards/Commissions were invited to address
Member Buol. Carried by the following vote:
the Council to express their desire to serve on
Yeas—Mayor Duggan, Council Members
that Board/Commission.
Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—None. Absent—Council Member
LONG RANGE PLANNING ADVISORY
Voetberg.
COMMISSION - Applicants: Gregory E.
Malm, Anna M. O'Shea, Michael Portzen and
RESOLUTION NO. 203-96
David Wm. Rusk.
RESOLUTION WITH RESPECT TO THE
Gregory Malm, Mike Portzen, Anna O'Shea
ADOPTION OF THE RESOLUTION OF
and David Rusk all spoke requesting
NECESSITY PROPOSED FOR THE
consideration for appointment.
PORTLAND CEMENT PAVING PROJECT
NO. 2
ZONING ADVISORY COMMISSION —
Whereas, the City Council has proposed a
Applicants: Martha Christ, Kevin R. Geraci, P.
Resolution of Necessity for the 1996 Portland
Keith Shearer and Richard J. Schiltz.
Cement Paving Project No. 2, has given notice
Kevin Geraci, Martha Christ, and Dick
of the public hearing thereon as required by
Schiltz all spoke requesting appointment.
law; and
Whereas, the public hearing has been held,
Proofs of publication certified to by the
all persons offering objections have been
Publisher on Notice of Hearing on Resolution
heard and consideration given to all objections
of Necessity and Notice to Property Owners
and is pending before this Council; and
on construction of 1996 Portland Cement
Whereas, this is the time and place set as
Paving Project No. 2 (Clarke Dr. and Heeb
provided for the taking of action on the
St.); Joseph C. Hiebel requesting to establish
proposed Resolution of Necessity.
that the City will make the necessary cut in the
NOW THEREFORE, BE IT RESOLVED
wall on Heeb Street for access if needed for
BY THE CITY COUNCIL OF THE CITY OF
property located at 1763 Central Ave.; and
DUBUQUE, IOWA:
Greg and Jackie Doser objecting to proposed
That the proposed Resolution of Necessity
placement of a median at intersection of W.
described above is hereby:
Locust and Clarke Dr., presented and read.
Adopted, without amendment, and all
Council Member Nicholson moved that the
objections filed or made having been dully
proofs and communications be received and
considered are overruled.
filed. Seconded by Council Member Buol.
Passed, adopted and approved this 3rd day
Carried by the following vote: Yeas—Mayor
of June, 1996.
Duggan, Council Members Buol, Krieg,
Terrance M. Duggan, Mayor
Michalski, Nicholson, Robbins. Nays—None.
Attest: Mary A. Davis, City Clerk
Absent—Council Member Voetberg.
Council Member Nicholson moved adoption
of the Resolution. Seconded by Council
Ed Kruse, 1791 Central, spoke objecting to
Member Buol. Carried by the following vote:
assessment as Heeb St. is behind his
Yeas—Mayor Duggan, Council Members
property.
Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—None. Absent—Council Member
Steve Mosiman, 1000 Clarke Dr., spoke
Voetberg.
requesting that utilities be buried when they do
the project.
RESOLUTION NO. 204-96
ORDERING BIDS
RESOLUTION NO. 202-96
NOW THEREFORE, BE IT RESOLVED
RESOLUTION ADOPTING PLANS
BY THE COUNCIL OF THE CITY OF
AND SPECIFICATIONS
DUBUQUE, IOWA:
Whereas, on the 2nd of May, 1996, plans,
That the 1996 Portland Cement Paving
specifications, form of contract and estimated
Project No. 2 is hereby ordered to be
cost were filed with the City Clerk of Dubuque,
advertised for bids for construction.
Iowa for the 1996 Portland Cement Paving
BE IT FURTHER RESOLVED, that the
Project No. 2.
amount of the security to accompany each bid
Regular Session, June 3, 1996
shall be in an amount which shall conform toCONCEPTUAL DEVELOPMENT PLAN,
the provisions of the notice to bidders herebyWITH CONDITIONS.
approved as a part of the plans andNOW, THEREFORE, BE IT ORDAINED
specifications heretofore adopted.BY THE CITY COUNCIL OF THE CITY OF
That the City Clerk is hereby directed toDUBUQUE, IOWA:
advertise for bids for the construction of theSection 1. Appendix A (the Zoning
improvements herein provided, to be publishedOrdinance) of the City of Dubuque Code of
in a newspaper having general circulation inOrdinances is hereby amended by
the City of Dubuque, Iowa, which notice shallreclassifying the hereinafter described
not be less than four days nor more thanproperty from R-1 Single-Family Residential
twenty days prior to the receipt of said bids atDistrict to PUD Planned Unit Development
2:00 p.m. on the 20th of June, 1996. BidsDistrict with a PC Planned Commercial
shall be opened and read by the City Clerk atDistrict designation and a PR Planned
said time and will be submitted to the CouncilResidential District designation and adopting
for final action at 7:00 p.m. on the 1st of July,a conceptual development plan, a copy of
1996.which is attached to and made a part hereof,
Passed, adopted and approved this 3rd daywith conditions as stated below, to wit:
of June, 1996.Lot 2 of 8, Sunset Park Sixth Addition; Lot
Terrance M. Duggan, MayorC, Sunset Park Eighth Addition; and Lot 1
Attest: Mary A. Davis, City Clerkof the SE 1/4 NW 1/4, Lot 1 of Lot 2 of the
Council Member Nicholson moved adoptionSW 1/4 NW 1/4, Lot 1 of the NE 1/4 SW
of the Resolution. Seconded by Council1/4; and Lot 1 of Lot 2 of the NW 1/4 SW
Member Buol. Carried by the following vote:1/4, all in Sec. 28, T.89 N., R.2 E. of the
Yeas—Mayor Duggan, Council Members5th P.M., to the center line of the adjoining
Buol, Krieg, Michalski, Nicholson, Robbins.public right-of-way, all in the City of
Nays—None. Absent—Council MemberDubuque, Iowa.
Voetberg. Section 2. Pursuant to Iowa Code Section
414.5 (1993), and as an express condition of
Proof of publication certified to by thethe reclassification, the undersigned property
publisher on Notice of Public Hearing toowner(s) agree(s) to the following conditions,
consider rezoning property located East of theall of which the property owner(s) further
Northwest Arterial from R-1 to PUD with a PCagree(s) are reasonable and imposed to
Designation, presented and read. Councilsatisfy the public needs that are caused
Member Nicholson moved that the proof bedirectly by the zoning reclassification:
received and filed. Seconded by CouncilA.Use Regulations.
Member Robbins. Carried by the followingThe following regulations shall apply to all
vote: Yeas—Mayor Duggan, Council Membersuses made of land in the above described
Buol, Krieg, Michalski, Nicholson, Robbins.PUD District in accordance with the
Nays—None. Absent—Council Memberconceptual development plan:
Voetberg. 1)Phases 1, 2 and 3 Business — All principal
permitted, accessory, conditional and
D. Michael King, Attorney for Medicaltemporary uses allowed in the C-3 General
Realty, spoke explaining proposed requestedCommercial District as established in Section
rezoning. 3-3.3 of the Zoning Ordinance.
2)Phase 1 Residential — All principal
An Ordinance Amending Zoning Map bypermitted, accessory, conditional and
reclassifying property located East of thetemporary uses allowed in the R-2 Two-Family
Northwest Arterial at Chavenelle Road from R-Residential District as established in Section
1 Single-Family Residential District to PUD3-1.2 of the Zoning Ordinance.
Planned Unit Development District with a PC3)Phase 2 Residential — All principal
Planned Commercial District designation andpermitted, accessory, conditional and
a PR Planned Residential District designationtemporary uses allowed in the R-3 Moderate
and adopting a Conceptual Development Plan,Density Multi-Family Residential District as
with Conditions, first & second readings givenestablished in Section 3-1.4 of the Zoning
on 5-20-96, presented for final action. Ordinance
4)Phase 3 Residential — All principal
(OFFICIAL PUBLICATION)permitted, accessory, conditional and
ORDINANCE NO. 32-96temporary uses allowed in the R-4 Multi-
AN ORDINANCE AMENDING APPENDIX AFamily Residential District as established in
(THE ZONING ORDINANCE) OF THE CITYSection 3-1.5 of the Zoning Ordinance.
OF DUBUQUE CODE OF ORDINANCES BY5)City Park Land and Natural Preserve
RECLASSIFYING HEREINAFTER—Public and private parks, nature preserve
DESCRIBED PROPERTY LOCATED EASTand similar passive and active recreational
OF THE NORTHWEST ARTERIAL ATuses.
CHAVENELLE ROAD FROM R-1 SINGLE-B.Development, Lot and Bulk Regulations.
FAMILY RESIDENTIAL DISTRICT TO PUDDevelopment of land in the PUD District
PLANNED UNIT DEVELOPMENT DISTRICTshall be regulated as follows:
WITH A PC PLANNED COMMERCIAL1)All building structures and activities shall
DISTRICT DESIGNATION AND A PRbe developed in conformance with the
PLANNED RESIDENTIAL DISTRICTattached conceptual development plan and all
DESIGNATION AND ADOPTING Afinal site development plans shall be approved
Regular Session, June 3, 1996
in accordance with provisions of thisOrdinance, by property owner(s) and/or
ordinance and of Sections 3-5.5, 4-4 and 4-5property or home owner's association.
of the Zoning Ordinance.2)Those areas designated on the conceptual
2)All buildings and structures shall be locateddevelopment plan as City park land and
in accordance with the lot and bulk regulationsnatural preserve shall be dedicated to the City
of the Districts identified in Section 2.A of thisof Dubuque in accordance with Chapter 42
ordinance for Phases 1, 2 and 3 Business and(Subdivision Regulations) of the Code of
Phases 1, 2 and 3 Residential, and inOrdinances.
accordance with the bulk regulations of theE.Sign Regulations.
POS Public Open Space District for City ParkThe sign regulations shall for the PUD
Land and Natural Preserve, as established inDistrict shall be in accordance with Section 4-
Section 3-5.4 of the Zoning Ordinance.3.11 of the Zoning Ordinance as follows:
3)A maximum building height of 40 feet shall1)Phases 1, 2 and 3 Business (Medical
be allowed for the medical and commercialOffice): ID Institutional District.
uses, except a maximum 30 feet height limit2)Phases 1, 2 and 3 Business
shall be required for Lots 10, 9 and 8.(Office/Retail/Service): C-3 District.
C.Performance Standards.3)Phases 1, 2 and 3 Residential, City Park
The development and maintenance of usesLand and Natural Preserve: R-1 District.
in this PUD District shall be established inF.Additional Standards.
conformance with Section 3-5.5 of the Zoning1)The conceptual development plan shall be
Ordinance and the following standards:valid for a period of ten (10) years. The Zoning
1)Lighting shall be provided per CityAdvisory Commission may grant an extension
standards.in accordance with Section 3-5.5 of the Zoning
2)Landscaping shall be provided inOrdinance.
compliance with Section 4-5 of the Zoning2)No buildings may be erected and no uses
Ordinance and as stipulated in the conceptualmay occupy any portion of the PUD District
development plan.until the required related off-site improvements
3)All utilities including telephone and cableare constructed or appropriate security as
television shall be installed underground.determined by the City Manager is provided to
4)Sidewalks shall be placed four (4) feetinsure construction. As the PUD District is to
behind the curb parallel to the street on allbe developed in phases, all improvements
public street frontages and connectingnecessary for the proper operation and
commercial, residential and institutional areasfunctioning of each phase, even though some
and constructed in accordance with Cityimprovements may be located outside of the
standards.phase under development or outside the PUD
5)To preserve topographical or naturalDistrict, must be constructed and installed or
features or to provide visual interest, anappropriate security as determined by the City
alternative pedestrian system that providesManager must be provided to insure their
safe and convenient circulation shall be placedconstruction.
in accordance with the green ways, City park3)Access to the Northwest Arterial for
land, natural preserve and open space areasPhases 1, 2 and 3 Business shall be approved
designated on the conceptual developmentby the City Council and limited to a full,
plan and constructed in accordance with Citysignalized intersection at Chavenelle Road, a
standards away from the street system to linkright-in/right-out only access south of
dwelling units with other dwelling units, streetsChavenelle Road and a restricted emergency-
and on-site activity centers such as parkingonly access shall be provided to Donovan
and recreation areas.Drive.
6)Final site development plans shall beG.Transfer of Ownership
submitted to the City Planner for approval priorTransfer of ownership or lease of property
to the issuance of building permits and/orin this PUD District shall include in the
related construction permits in accordancetransfer or lease agreement a provision that
with Section 3-5.5 and 4-4 of the Zoningthe purchaser or lessee acknowledges
Ordinance, unless otherwise exempted.awareness of the conditions authorizing the
7)Major final site development plans forestablishment of the district.
Phases 1, 2 and 3 Business also shall beH.Reclassification of Subject Property.
submitted to the Zoning Advisory Commission.The City of Dubuque, Iowa, may initiate
The Commission shall approve the site planszoning reclassification proceedings to the R-1
if they are determined to be in substantialSingle-Family Residential District in
conformance with the conceptual developmentaccordance with Section 6 of the Zoning
plan.Ordinance if the property owner(s) fail(s) to
8)Preliminary and final subdivision plats shallcomplete or maintain any of the conditions of
be submitted to the City Planner for approvalthis ordinance.
in accordance with Chapter 42 (SubdivisionI.Modifications.
Regulations) of the Code of Ordinances.Any modifications of this Ordinance must
9)All streets shall be dedicated to the public.be approved by the City Council in accordance
D.Open Space and Recreational Areaswith zoning reclassification proceedings of
1)Those areas not designated on theSection 6 of the Zoning Ordinance.
conceptual development plan for development,J.Recording.
and those areas designated on said plan asA copy of this ordinance shall be recorded
green way, shall be maintained as openat the expense of the property owner(s) with
space, as defined by Section 8 of the Zoningthe Dubuque County Recorder as a
Regular Session, June 3, 1996
permanent record of the conditions acceptedAN ORDINANCE AMENDING APPENDIX A
as part of this reclassification approval within(THE ZONING ORDINANCE) OF THE CITY
ten (10) days after the adoption of thisOF DUBUQUE CODE OF ORDINANCES,
ordinance. This ordinance shall be bindingBY RECLASSIFYING HEREINAFTER
upon the undersigned and his/her heirs,DESCRIBED PROPERTY LOCATED
successors and assigns.SOUTH OF ASBURY ROAD AND WEST OF
Section 3. The foregoing amendment hasTHE NORTHWEST ARTERIAL FROM AG
heretofore been reviewed by the ZoningAGRICULTURAL DISTRICT TO C-3
Advisory Commission of the City of Dubuque,GENERAL COMMERCIAL DISTRICT, WITH
Iowa.CONDITIONS.
Section 4. The foregoing amendment shallNOW, THEREFORE, BE IT ORDAINED
take affect upon publication, as provided byBY THE CITY COUNCIL OF THE CITY OF
law.DUBUQUE, IOWA:
Passed, approved and adopted this 3rd daySection 1. That Appendix A (the Zoning
of June, 1996.Ordinance) of the City of Dubuque Code of
Terrance M. Duggan, MayorOrdinances is hereby amended by
ATTEST: Mary A. Davis, City Clerkreclassifying the hereinafter described
ACCEPTANCE OFproperty from AG Agricultural District to C-3
ORDINANCE NO. 32-96General Commercial District, with conditions,
I, Thomas Bishop, for Medical Associatesto wit:
Clinic, P.C., property owner(s), having readAll of a tract of land described as beginning
the terms and conditions of the foregoingat a point on the south right-of-way line of
Ordinance No. 32-96 and being familiar withAsbury Road, 278 feet east of the west line
the conditions thereof, hereby accept theof Lots 2 and 3 of the northeast 1/4 of the
same and agree to the conditions requirednortheast 1/4 of Section 20, Township 89
therein.North, Range 2 East; thence south 230
Dated this 17th day of June, 1996.feet parallel the west line of said Lots 2 and
By /s/ Thomas Bishop, CEO3; thence east 370 feet parallel to the south
Medical Associates Clinic, P.C.right-of-way line of Asbury Road; thence
Published officially in the Telegraphnorth 230 feet to the south right-of-way line
Herald newspaper this 29th day of June,of Asbury Road; thence west along the said
south line of Asbury Road, to the point of
1996.
beginning, and to the center line of the
1t 6/28Mary A. Davis CMC, City Clerk
adjoining public right-of-way, all in the City
Council Member Nicholson moved final
of Dubuque, Iowa.
consideration and passage of the Ordinance.
Section 2. The foregoing amendment has
Seconded by Council Member Robbins.
heretofore been reviewed by the Zoning
Carried by the following vote: Yeas—Mayor
Commission of the City of Dubuque, Iowa.
Duggan, Council Members Buol, Krieg,
Section 3. This ordinance shall take effect
Michalski, Nicholson, Robbins. Nays—None.
immediately upon publication, as provided by
Absent—Council Member Voetberg.
law.
Passed, approved and adopted this 3rd day
Proof of publication certified to by the
of June, 1996.
publisher on Notice of Public Hearing to
Terrance M. Duggan, Mayor
consider rezoning property located South of
Attest: Mary A. Davis, City Clerk
Asbury and West of the Northwest Arterial
ACCEPTANCE OF
from AG to C-3 District, presented and read.
ORDINANCE NO. 33-96
Council Member Buol moved that the proof be
I, Mike Remakel, having read the terms and
received and filed. Seconded by Council
conditions of the foregoing Ordinance No. 33-
Member Michalski. Carried by the following
96 and being familiar with the conditions
vote: Yeas—Mayor Duggan, Council Members
thereof, hereby accept this same and agree to
Buol, Krieg, Michalski, Nicholson, Robbins.
the conditions required therein.
Nays—None. Absent—Council Member
Dated in Dubuque, Iowa this 3rd day of
Voetberg.
1996.
By /s/ Mike Remakel
Bill Holliday, QHQ properties, and Mike
Published officially in the Telegraph Herald
Remakel, both spoke and requested the
newspaper this 11th day of June, 1996.
rezoning.
1t 6/11Mary A. Davis CMC, City Clerk
Council Member Buol moved final
An Ordinance Amending Zoning Map by
consideration and passage of the Ordinance,
reclassifying property located South of Asbury
and to allow for 108 sq. ft. of signage area.
Road and West of the Northwest Arterial from
Seconded by Council Member Michalski.
AG Agricultural District to C-3 General
Carried by the following vote: Yeas—Mayor
Commercial District, With conditions, first &
Duggan, Council Members Buol, Krieg,
second readings given on 5-20-96, presented
for final action. Michalski, Nicholson, Robbins. Nays—None.
Absent—Council Member Voetberg.
Proof of publication certified to by the
(OFFICIAL PUBLICATION)publisher on Notice of Public Hearing to
ORDINANCE NO. 33-96consider rezoning property located at 405
Southern Ave. (Vacant lot next to this address)
Regular Session, June 3, 1996
from R-2A Alternate Two-Family ResidentialCouncil Member Robbins moved adoption
District to CS Commercial Service andof the Resolution. Seconded by Council
Wholesale District, with conditions, andMember Buol. Carried by the following vote:
Planning Services Manager submittingYeas—Mayor Duggan, Council Members
background information regarding purchaseBuol, Krieg, Michalski, Nicholson, Robbins.
and sale of property at 405 Southern Avenue,Nays—None. Absent—Council Member
presented and read. Council Member KriegVoetberg.
moved that the proof and communication be
received and filed. Seconded by CouncilProof of publication certified to by the
Member Buol. Carried by the following vote:publisher on Notice to Bidders of the Receipt
Yeas—Council Members Buol, Krieg,of Bids for project and City Manager
Michalski, Nicholson, Robbins. Nays—Mayorrecommending to award contract for project,
Duggan. Absent—Council Member Voetberg.presented and read. Council Member Robbins
moved that the proof and communication be
Dave Pins, 405 Southern Ave., spokereceived and filed. Seconded by Council
stating this is requested as he is looking for aMember Buol. Carried by the following vote:
tool storage area. Dave Hartig spoke givingYeas—Mayor Duggan, Council Members
background transaction information and urgedBuol, Krieg, Michalski, Nicholson, Robbins.
denial of this rezoning.Nays—None. Absent—Council Member
Voetberg.
An Ordinance Amending Zoning Map by
reclassifying property located at 405 SouthernRESOLUTION NO. 206-96
Avenue (Vacant Lot next to this address) fromAUTHORIZING THE CITY MANAGER TO
R-2A Alternate Two-Family Residential DistrictEXECUTE A CONTRACT WITH PRISM
to CS Commercial Service and WholesaleCORPORATION, OF DUBUQUE, IOWA FOR
District, with Conditions, first and secondTHE PURPOSE OF PROVIDING
readings given on 5-20-96), presented forCONSTRUCTION SERVICES FOR THE
further action. Council Member Krieg movedNORTH BRICK WALL REPLACEMENT
that the rezoning request be denied.PROJECT AT THE EAGLE POINT WATER
Seconded by Council Member Buol. CarriedPLANT.
by the following vote: Yeas—Council MembersWHEREAS, The North Brick Wall
Buol, Krieg, Michalski, Nicholson, Robbins.Replacement Project has been budgeted at
Nays—Mayor Duggan. Absent—Councilthe Dubuque Eagle Point Water Plant; and
Member Voetberg.WHEREAS, Prism Corporation of Kieler,
Wisconsin has submitted to the City an
Proof of publication certified to by theagreement to conduct construction services of
publisher on Notice of Hearing on Plans andthis improvement in the amount of $268,871
Specifications on Replacement of the Northdollars.
Plant Brick Wall at the Eagle Point WaterWHEREAS, Funds have been legally
Plant, presented and read. Council Memberappropriated for this expenditure.
Robbins moved that the proof be received andNOW, THEREFORE, BE IT RESOLVED
filed. Seconded by Council Member Buol.BY THE CITY COUNCIL OF THE CITY OF
Carried by the following vote: Yeas—MayorDUBUQUE, IOWA:
Duggan, Council Members Buol, Krieg,Section 1. That the City Manager be
Michalski, Nicholson, Robbins. Nays—None.authorized to execute the agreement for
Absent—Council Member Voetberg. construction services with Prism Corporation,
of Kieler, Wisconsin dated May 23, 1996 for
RESOLUTION NO. 205-96the North Brick Wall Replacement Project at
RESOLUTION ADOPTING PLANS the Dubuque Eagle Point Water Plant.
AND SPECIFICATIONSPassed, approved, and adopted this 3rd
Whereas, on the 6th day of May, 1996day of June, 1996.
plans, specifications, form of contract and Terrance M. Duggan, Mayor
estimated cost were filed with the City Clerk ofAttest: Mary A. Davis, City Clerk
Dubuque, Iowa for the replacement of theCouncil Member Robbins moved adoption
North Plant brick wall at the Eagle Point Waterof the Resolution. Seconded by Council
Plant, andMember Buol. Carried by the following vote:
Whereas, notice of hearing on plans,Yeas—Mayor Duggan, Council Members
specifications, form of contract and estimatedBuol, Krieg, Michalski, Nicholson, Robbins.
cost was published as required by law.Nays—None. Absent—Council Member
NOW THEREFORE, BE IT RESOLVEDVoetberg.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Proof of publication certified to by the
Section 1. That the said plans,publisher on Notice of Hearing on Plans and
specifications, form of contract and estimatedSpecifications on Replacement of Windows at
cost are hereby approved as the plans,the Eagle Point Water Plant, presented and
specifications, form of contract and estimatedread. Council Member Robbins moved that the
cost for said improvements for said project.proof be received and filed. Seconded by
Passed, approved and adopted this 6th dayCouncil Member Nicholson. Carried by the
of May, 1996.following vote: Yeas—Mayor Duggan, Council
Terrance M. Duggan, MayorMembers Buol, Krieg, Michalski, Nicholson,
Attest: Mary A. Davis, City Clerk
Regular Session, June 3, 1996
Robbins. Nays—None. Absent—CouncilProducts, Inc. of Dubuque Iowa dated May 23,
Member Voetberg. 1996 for the window replacement
improvement project at the Dubuque Eagle
RESOLUTION NO. 207-96Point Water Plant.
RESOLUTION ADOPTING PLANSPassed, approved, and adopted this 3rd
AND SPECIFICATIONSday of June, 1996.
Whereas, on the 6th day of May, 1996Terrance M. Duggan, Mayor
plans, specifications, form of contract andAttest: Mary A. Davis, City Clerk
estimated cost were filed with the City Clerk ofCouncil Member Robbins moved adoption
Dubuque, Iowa for the replacement ofof the Resolution. Seconded by Council
windows at the Eagle Point Water Plant, andMember Nicholson. Carried by the following
Whereas, notice of hearing on plans,vote: Yeas—Mayor Duggan, Council Members
specifications, form of contract and estimatedBuol, Krieg, Michalski, Nicholson, Robbins.
cost was published as required by law.Nays—None. Absent—Council Member
NOW THEREFORE, BE IT RESOLVEDVoetberg.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Proof of publication certified to by the
Section 1. That the said plans,publisher on notice of Hearing of Plans and
specifications, form of contract and estimatedSpecifications on Operations and
cost are hereby approved as the plans,Maintenance Department Maus Lake
specifications, form of contract and estimatedPumphouse Project, presented and read.
cost for said improvements for said project.Council Member Michalski moved that the
Passed, approved and adopted this 3rd dayproof be received and filed. Seconded by
of June, 1996.Council Member Buol. Carried by the following
Terrance M. Duggan, Mayorvote: Yeas—Mayor Duggan, Council Members
Attest: Mary A. Davis, City ClerkBuol, Krieg, Michalski, Nicholson, Robbins.
Council Member Robbins moved adoptionNays—None. Absent—Council Member
of the Resolution. Seconded by CouncilVoetberg.
Member Nicholson. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 209-96
Buol, Krieg, Michalski, Nicholson, Robbins.RESOLUTION ADOPTING PLANS
Nays—None. Absent—Council Member AND SPECIFICATIONS
Voetberg. Whereas, on the 8th day of April, 1996,
plans, specifications, form of contract and
Proof of publication certified to by theestimated cost were filed with the City Clerk of
publisher on Notice to Bidders of the ReceiptDubuque, Iowa, for the Operations and
of Bids for project and City ManagerMaintenance Department Maus Lake
recommending to award contract for project,Pumphouse Project.
presented and read. Council Member RobbinsWhereas, notice of hearing on plans,
moved that the proof and communication bespecifications, form of contract, and estimated
received and filed. Seconded by Councilcost was published as required by law.
Member Nicholson. Carried by the followingNOW, THEREFORE, BE IT RESOLVED
vote: Yeas—Mayor Duggan, Council MembersBY THE CITY COUNCIL OF THE CITY OF
Buol, Krieg, Michalski, Nicholson, Robbins.DUBUQUE, IOWA:
Nays—None. Absent—Council MemberThat the said plans, specifications, form of
Voetberg. contract and estimated cost are hereby
approved as the plans, specifications, form of
RESOLUTION NO. 208-96contract and estimated cost for said
AUTHORIZING THE CITY MANAGER TOimprovements for said projects.
EXECUTE A CONTRACT WITH ZEPHYRPassed, adopted and approved this 3rd day
ALUMINUM PRODUCTS, INC. OFof June, 1996.
DUBUQUE, IOWA FOR THE PURPOSE OFTerrance M. Duggan, Mayor
PROVIDING CONSTRUCTION SERVICESAttest: Mary A. Davis, City Clerk
FOR THE WINDOW REPLACEMENT ATCouncil Member Michalski moved adoption
THE EAGLE POINT WATER PLANT.of the Resolution. Seconded by Council
WHEREAS, A Window ReplacementMember Buol. Carried by the following vote:
Improvement Project has been budgeted atYeas—Mayor Duggan, Council Members
the Dubuque Eagle Point Water Plant; andBuol, Krieg, Michalski, Nicholson, Robbins.
WHEREAS, Zephyr Aluminum Products,Nays—None. Absent—Council Member
Inc. Of Dubuque, Iowa, has submitted to theVoetberg.
City an agreement to conduct construction
services of this improvement in the amount ofProof of publication certified to by the
$160,522 dollars.publisher on Notice to Bidders of the Receipt
WHEREAS, Funds have been legallyof Bids for project and City Manager
appropriated for this expenditure.recommending to award contract for project,
NOW, THEREFORE, BE IT RESOLVEDpresented and read. Council Member
BY THE CITY COUNCIL OF THE CITY OFMichalski moved that the proof and
DUBUQUE, IOWA:communication be received and filed.
Section 1. That the City Manager beSeconded by Council Member Buol. Carried
authorized to execute the agreement forby the following vote: Yeas—Mayor Duggan,
construction services with Zephyr AluminumCouncil Members Buol, Krieg, Michalski,
Regular Session, June 3, 1996
Nicholson, Robbins. Nays—None.Kathy Davis, 1588 Lucy Dr., spoke of the
Absent—Council Member Voetberg. parking problems with the Hempstead
students taking all available parking on those
RESOLUTION NO. 210-96side streets.
AWARDING CONTRACT
Whereas, sealed proposals have beenCity Manager recommending approval to
submitted by contractors for the Operationsaward contract to Honkamp, Krueger and
and Maintenance Department Maus LakeCompany to conduct the City financial audits
Pumphouse Project pursuant to Resolutionfor the next five years, presented and read.
No. 139-96 and notice to bidders published in
a newspaper published in the City ofAndy Traeger, rep. Charles Bailly & Co.,
Dubuque, Iowa on the 19th day of April, 1996.spoke requesting that his firm be allowed to
Whereas, said sealed proposals wereperform the City Audit. Arnie Honkamp, on
opened and read on the 9th day of May, 1996behalf of Honkamp, Krueger spoke stating that
and it has been determined that the bid ofhis firm should be awarded the bid. George
Portzen Construction, Inc. of Dubuque, IowaDavis of McGladrey & Pullen expressed three
in the amount of $18,989.00 was the lowestconcerns as to how the bidding process took
bid for the furnishings of all labor andplace. Council Member Krieg moved that they
materials and performing the work as providedapprove the lowest price proposed as
for in the plans and specifications.submitted by Honkamp, Krueger & Co.
NOW THEREFORE, BE IT RESOLVEDSeconded by Council Member Buol. Vote on
BY THE CITY COUNCIL OF THE CITY OFthe motion was as follows: Yeas—Council
DUBUQUE, IOWA:Members Buol, Krieg. Nays—Mayor Duggan,
That the contract for the aboveCouncil Members Michalski, Nicholson,
improvement be awarded to PortzenRobbins. Absent—Council Member Voetberg.
Construction Inc. and the City Manager beMOTION FAILED.
and is hereby directed to execute a contract on
behalf of the City of Dubuque for the completeCouncil Member Nicholson moved that they
performance of the work.award the contract to Charles Bailly & Co.
BE IT FURTHER RESOLVED:Seconded by Council Member Michalski.
That upon the signing of said contract andCarried by the following vote: Yeas—Mayor
the approval of the contractor’s bond, the CityDuggan, Council Members Buol, Michalski,
Treasurer is authorized and instructed toNicholson, Robbins. Nays—Council Member
return the bid deposits of the unsuccessfulKrieg. Absent—Council Member Voetberg.
bidders.
Passed, approved and adopted this 3rd dayCity Manager requesting direction
of June, 1996.regarding placement of lettering on the Eagle
Terrance M. Duggan, MayorPoint Water Tank, presented and read.
Attest: Mary A. Davis, City ClerkCouncil Member Nicholson moved that they
Council Member Michalski moved adoptionapprove the lettering. Seconded by Council
of the Resolution. Seconded by CouncilMember Buol. Vote on the motion was as
Member Buol. Carried by the following vote:follows: Yeas—Council Members Buol,
Yeas—Mayor Duggan, Council MembersNicholson. Nays—Mayor Duggan, Council
Buol, Krieg, Michalski, Nicholson, Robbins.Member Krieg, Michalski, Robbins.
Nays—None. Absent—Council MemberAbsent—Council Member Voetberg. MOTION
Voetberg. FAILED.
Greater Dubuque Development CorporationCity Manager submitting ordinance
requesting to present a verbal status report toproviding for the updating of City's authority
the City Council, presented and read. Counciland responsibility to inspect food
Member Nicholson moved that the report beestablishments, presented and read. Council
received and filed. Seconded by CouncilMember Nicholson moved that the
Member Michalski. Carried by the followingcommunication be received and filed.
vote: Yeas—Mayor Duggan, Council MembersSeconded by Council Member Michalski.
Buol, Krieg, Michalski, Nicholson, Robbins.Carried by the following vote: Yeas—Mayor
Nays—None. Absent—Council MemberDuggan, Council Members Buol, Krieg,
Voetberg. Michalski, Nicholson, Robbins. Nays—None.
Rick Dickinson spoke giving a report. Absent—Council Member Voetberg.
Petition containing 19 signaturesAn Ordinance Amending Code of
requesting a Residential Parking PermitOrdinances providing for the inspection and
District Designation on Lucy Drive fromlicensing of food establishments; providing for
Pennsylvania Avenue to Welu Dr., presentedfees for such licenses; providing for the
and read. Council Member Nicholson movedsuspension or revocation of such licenses;
that the petition be referred to the Cityproviding for certain health and safety
Manager. Seconded by Council Memberregulations governing the operation of food
Robbins. Carried by the following vote:establishments; and providing penalties for the
Yeas—Mayor Duggan, Council Membersviolation thereof, presented and read.
Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—None. Absent—Council Member(OFFICIAL PUBLICATION)
Voetberg. ORDINANCE NO. 34 -96
Regular Session, June 3, 1996
AN ORDINANCE AMENDING THE CITY OF6."Retail food store sanitation code" means
DUBUQUE CODE OF ORDINANCES BY
the retail food store sanitation code
ADOPTING A NEW ARTICLE I, FOOD
recommended by the food and drug
ESTABLISHMENTS, SECTION 21-
administration in 1982.
1.1—SECTION 21-1.17, PROVIDING FOR
Sec. 21-1.2. Frequency of inspections.
THE INSPECTION AND LICENSING OF
Food establishments shall be inspected before
FOOD ESTABLISHMENTS; PROVIDING
a license is granted and annually thereafter.
FOR FEES FOR SUCH LICENSES;
Section 21-1.3. License Required.
PROVIDING FOR THE SUSPENSION OR
A person shall not open or operate a food
REVOCATION OF SUCH LICENSES;
establishment until a license has been
PROVIDING FOR CERTAIN HEALTH AND
obtained from the department of inspections
SAFETY REGULATIONS GOVERNING THE
and appeals and the city health services
OPERATION OF FOOD
department. A license shall expire one year
ESTABLISHMENTS; AND PROVIDING
from date of issue. A license is renewable.
PENALTIES FOR THE VIOLATION
This section does not require the licensing of
THEREOF.
establishments exclusively engaged in the
NOW, THEREFORE, BE IT ORDAINED
processing of meat and poultry which are
BY THE CITY COUNCIL OF THE CITY OF
licensed pursuant to Iowa Code sec. 189A.3.
DUBUQUE, IOWA:
Sec. 21-1.4. Application for license.
Section 1. The City of Dubuque Code ofEvery application for a license under this
Ordinances is hereby amended by adoptingchapter shall be made upon a blank furnished
the following:by the health services department and shall
ARTICLE I. FOOD ESTABLISHMENTScontain the items required by it as to
Sec. 21-1.1. Definitions.ownership, management, location, buildings,
For the purpose of this chapter:equipment, rates, and other data concerning
1."Department" means the department ofthe business for which a license is desired. An
inspections and appeals.application for a license to operate an existing
2."Director" means the director of thebusiness shall be made at least thirty days
before the expiration of the existing license.
department of inspections and appeals.
Sec. 21-1.5. License fees.
3."Farmers market" means a marketplace
The fees for licenses shall be as follows:
which seasonally operates principally as a
For a food establishment with an annual gross
common market for fresh fruits and vegetables
sales volume of:
on a retail basis for off-the-premises
1.Less than ten thousand dollars, twenty
consumption.
dollars.
4."Food" shall mean any raw, cooked, or
2.Ten thousand dollars but less than two
processed edible substance, ice, beverage, or
hundred fifty thousand dollars, fifty dollars.
ingredient used or intended for use or sale in
3. Two hundred fifty thousand dollars but less
whole or in part for human consumption.
than five hundred thousand dollars, seventy-
5."Food establishment" means a place used
five dollars.
as a bakery, confectionery, cannery,
4.Five hundred thousand dollars but less
packinghouse, slaughterhouse where animals
than seven hundred fifty thousand dollars, one
or poultry are killed or dressed for food, retail
hundred dollars.
grocery, meat market, or other place in which
5.Seven hundred fifty thousand dollars or
food is kept, produced, prepared, or
more, one hundred fifty dollars.
distributed for commercial purposes for off-
All licenses issued under this chapter that are
the-premises consumption, except for the
not renewed by the licensee on or before the
following:
expiration date shall be subject to a penalty of
a. Premises covered by a current class "A"
ten percent of the license fee if the license is
beer permit as provided in chapter 123.
renewed at a later date.
b. Premises which are licensed as a home
Sec. 21-1.6. Suspension or revocation of
food establishment as defined in section
licenses.
137D.1.
The health services department may suspend
c. Premises which operate as a farmers
or revoke a license issued to a person under
market.
this chapter if any of the following occurs:
d. Premises of a residence in which
1.The person's food establishment does not
nonhazardous food is sold for consumption off
conform to a provision of this chapter.
the premises, if the food is labeled to identify
2.The person violates a provision of this
the name and address of the person preparing
chapter.
the food and the common name of the food.
3.The person conducts an activity
As used in this paragraph, nonhazardous food
constituting a criminal offense on the food
means only the following:
establishment and is convicted of a serious
(1) Baked goods except the following: soft
misdemeanor or more serious offense as a
pies, bakery products with custard or cream
result.
fillings, or any other potentially hazardous
Sec. 21-1.7. Farmers market.
goods.
A vendor who offers a product for sale at a
(2) Wholesome, fresh eggs that are kept at a
farmers market shall have the sole
temperature of sixty degrees Fahrenheit or
responsibility to obtain and maintain any
less.
license required to sell or distribute such
(3) Honey which is labeled with additional
product.
information as provided by departmental rule.
Regular Session, June 3, 1996
Sec. 21-1.8. Operation without inspectionused or sold by churches, fraternal societies,
prohibited.charitable organizations, or civic organizations.
A person shall not open or operate a foodSection 2. This ordinance shall take effect
establishment until inspection has been madeupon publication as provided by law.
by the health services department. InspectionsPassed, approved and adopted this 3rd
shall be conducted according to the standardsday of June, 1996.
of the retail food store sanitation code. A foodTerrance M. Duggan, Mayor
establishment under Iowa Code which is alsoAttest: Mary A. Davis, City Clerk
considered a food service establishment underPublished officially in the Telegraph Herald
Iowa Code shall be inspected by the health
newspaper this 12th day of June, 1996.
services department.
1t 6/7Mary A. Davis CMC, City Clerk
Sec. 21-1.9. Regular inspections.
Council Member Nicholson moved that the
The health services department shall provide
requirement that a proposed Ordinance be
for the inspection of each food establishment
considered and voted on for passage at two
in the city in accordance with the standards of
Council Meetings prior to the meeting at which
the retail food store sanitation code. The city
it is to be finally passed be suspended.
may enter the food establishment at any
Seconded by Council Member Michalski.
reasonable hour to make the inspection. The
Carried by the following vote: Yeas—Mayor
management shall afford free access to every
Duggan, Council Members Buol, Krieg,
part of the premises and render all aid andMichalski, Nicholson, Robbins. Nays—None.
assistance necessary to enable the personnelAbsent—Council Member Voetberg. Council
to make a thorough and complete inspection.Member Nicholson moved final consideration
However, food establishments which scoreand passage of the Ordinance. Seconded by
ninety or greater may be inspected biennially.Council Member Michalski. Carried by the
This section does not apply to retail foodfollowing vote: Yeas—Mayor Duggan, Council
establishments which sell only prepackagedMembers Buol, Krieg, Michalski, Nicholson,
nonhazardous items.Robbins. Nays—None. Absent—Council
Sec. 21-1.10. Inspection upon complaint.Member Voetberg.
Upon receipt of a written or oral complaint by
a customer of a food establishment andMayor Duggan requesting Council to
stating facts indicating the place is in anreconsider the action taken at the council
unsanitary condition, the health services
meeting held on May 20, 1996 regarding
department may conduct an inspection.
rezoning property located at 723 Peru Road
Sec. 21-1.11. Plumbing.
(vacant lot next to this address) from R-1 to C-
Every food establishment shall have an
3 District as requested by James Foht,
adequately designed plumbing system
presented and read. Council Member
conforming to at least the minimum
Michalski moved that the request be
requirements of the city plumbing code. The
reconsidered. Seconded by Council Member
plumbing system shall have a connection to
Robbins. Carried by the following vote:
the city water and sewage system.
Yeas—Mayor Duggan, Council Members
Sec. 21-1.12. Water and waste treatment.
Buol, Krieg, Michalski, Nicholson, Robbins.
When a food establishment is served by
Nays—None. Absent—Council Member
privately owned water or waste treatment
Voetberg.
facilities these facilities shall meet the
technical requirements of the board of health
Planning Services Manager advising
and the department of natural resources.
adjoining property owners have been notified
Sec. 21-1.13. Toilets and lavatories.
regarding the possible reconsideration; Helen
A food establishment shall provide toilet and
Vorwald again objecting to proposed rezoning
lavatory facilities in accordance with rules
of property at 723 Peru Rd.; Mrs. Evelyn S.
adopted pursuant to Iowa Code Chap. 137A.
Tharp and Daniel and Linda Reifsteck and
Sec. 21-1.14. Fire safety.
Philip and Jeanine Schromen opposing any
Violation of a fire safety provision of this code
zoning changes at 723 Peru Rd., presented
of ordinances occurring on the premises of a
and read. Council Member Michalski moved
food establishment is a violation of thisthat the communications be received and
chapter.filed. Seconded by Council Member Robbins.
Sec. 21-1.15. Penalty.Carried by the following vote: Yeas—Mayor
Any person who shall violate any provision ofDuggan, Council Members Buol, Krieg,
this chapter shall be guilty of a simpleMichalski, Nicholson, Robbins. Nays—None.
misdemeanor.Absent—Council Member Voetberg.
Sec. 21-1.16. Injunction.
A person operating a food establishment inAn Ordinance Amending Zoning Map by
violation of a provision of this chapter may bereclassifying property located adjacent to 723
restrained by injunction from further operatingPeru Road from R-1 Single-Family Residential
that food establishment. If an imminent healthDistrict to C-3 General Commercial District,
hazard exists, the food establishment must
(denied By Zoning Advisory Commission),
cease operation. Operation shall not be
presented and read. Council Member
resumed until authorized by the health
Michalski moved that they reconsider the
services department.
action taken on 5-20-96. Seconded by Council
Sec. 21-1.17. Exempt organizations.
Member Robbins. Carried by the following
This chapter does not apply to the premises or
vote: Yeas—Mayor Duggan, Council Members
a residence in which food is prepared to be
Buol, Krieg, Michalski, Nicholson, Robbins.
Regular Session, June 3, 1996
Nays—None. Absent—Council MemberSection 364.7 Disposal of Property, Code of
Voetberg. Council Member Michalski movedIowa, 1989 or as amended.
that the requirement that a proposedPassed, approved and adopted this 3rd day
Ordinance be considered and voted on forof June, 1996.
passage at two Council Meetings prior to theTerrance M. Duggan, Mayor
meeting at which it is to be finally passed beAttest: Mary A. Davis, City Clerk
suspended. Seconded by Council MemberCouncil Member Buol moved adoption of
Robbins. Carried by the following vote:the Resolution. Seconded by Council Member
Yeas—Mayor Duggan, Council MembersNicholson. Carried by the following vote:
Buol, Krieg, Michalski, Nicholson, Robbins.Yeas—Mayor Duggan, Council Members
Nays—None. Absent—Council MemberBuol, Krieg, Michalski, Nicholson, Robbins.
Voetberg. Council Member Michalski movedNays—None. Absent—Council Member
that a Public Hearing be held on the proposedVoetberg.
Ordinance on the 17th day of June, 1996, at
7:00 o'clock p.m. at the Public LibraryAt 9:39 p.m. Council Member Michalski
Auditorium and that the City Clerk be directedmoved to go into Closed Session in
to publish notice in the manner prescribed byaccordance with Chapter 21.5 1.(j) 1995 Code
law. Seconded by Council Member Robbins.of Iowa to discuss the purchase of particular
Carried by the following vote: Yeas—Mayorreal estate where premature disclosure could
Duggan, Council Members Buol, Krieg,be reasonably expected to increase the price
Michalski, Nicholson, Robbins. Nays—None.the governmental body would have to pay for
Absent—Council Member Voetberg. that property. Seconded by Council Member
Nicholson. Carried by the following vote:
City Manager recommending to dispose ofYeas—Mayor Duggan, Council Members
City owned property at 628 West EighthBuol, Krieg, Michalski, Nicholson, Robbins.
Street, presented and read. Council MemberNays—None. Absent—Council Member
Buol moved that the communication beVoetberg.
received and filed. Seconded by Council
Member Nicholson. Carried by the followingAt 9:54 p.m. Council reconvened Regular
vote: Yeas—Mayor Duggan, Council MembersSession with statement that staff was given
Buol, Krieg, Michalski, Nicholson, Robbins.direction.
Nays—None. Absent—Council Member
Voetberg. There being no further business, Council
Member Buol moved to adjourn. Seconded by
RESOLUTION NO. 211-96Council Member Nicholson. Carried by the
RESOLUTION OF INTENT TO DISPOSE OFfollowing vote: Yeas—Mayor Duggan, Council
INTEREST IN THE WEST FOUR FEET OFMembers Buol, Krieg, Michalski, Nicholson,
LOT 23 AND LOT 24 OF ROGERSRobbins. Nays—None. Absent—Council
SUBDIVISION IN THE CITY OF DUBUQUEMember Voetberg.
TO B. DERRICK LAUKAITIS AND IRVING
D. VELEYThe meeting adjourned at 9:55 p.m.
Whereas, the City of Dubuque is the
current owner of the west four feet of Lot 23Mary A. Davis CMC
and Lot 24 of Rogers Subdivision in the City ofCity Clerk
Dubuque, Iowa; and
Whereas, the adjacent property owners, B.
Derrick Laukaitis and Irving D. Veley have
petitioned to purchase said property from the
City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
intends to dispose of its interest in the west
four feet of Lot 23 and Lot 24 of Rogers
Subdivision to B. Derrick Laukaitis and Irving
D. Veley.
Section 2. That the conveyance of the
City’s interest shall be for the sum of $300.00
plus publication and filing fees.
Section 3. That the City reserves unto itself
a perpetual easement including the right of
ingress and egress thereto, for the purpose ofApproved ,1997
erecting, installing, constructing,
reconstructing, repairing, owning andAdopted , 1997
maintaining pedestrian steps over the northerly
ten (10) feet of said Lot as may be authorized
by the City of Dubuque, Iowa.
Section 4. That the City Clerk be and isMayor
hereby authorized and directed to cause a
notice to be published as prescribed under
Regular Session, June 3, 1996
Council Members
Attest:
City Clerk
Regular Session, June 17, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved , 1997.
City Council, Special Session, June 17,
Adopted , 1997
1996.
Council Met at 5:45 p.m., in the Public
Library Board Room, Second Floor.
Present: Mayor Duggan, Council Members
Mayor
Buol, Krieg, Michalski, Robbins, Voetberg,
City Manager Michael Van Milligen.
Absent at Roll Call: Council Member
Nicholson.
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 evaluation of the City Manager.
At 5:55 p.m., Council Member Voetberg
moved that they go into Closed Session In
accordance with Chapter 21.5 1.(I) to evaluate
Council Members
the professional competency of an individual
Attest:
whose performance is being considered (City
Manager). Seconded by Council Member
Krieg. Carried by the following vote:
City Clerk
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Robbins, Voetberg.
Nays—None. Absent—Council Member
Nicholson.
Council Member Nicholson entered the
Chambers at 6:10 p.m.
Council reconvened Regular Session at
6:47 p.m. with statement that Staff was given
direction.
There being no further business, Council
Member Buol moved to adjourn the meeting.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays—None.
The meeting adjourned at 6:48 p.m.
Mary A. Davis CMC
City Clerk
Regular Session, June 17, 1996
of $1400.00 for vehicle damages; Thomas
DUBUQUE
Zuccaro in unknown amount for vehicle
damages; Donna J. Zwart in amount of $8,35
for tire damages, presented and read. Council
CITY COUNCIL
Member Voetberg moved that the claims and
suits be referred to Legal Staff for
investigation and report. Seconded by
OFFICIAL
Council Member Nicholson. Carried by the
PROCEEDINGS
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
City Council, Regular Session, June 17,
1996
Corporation Counsel advising following
Council Met at 7:00 p.m, Public Library
claims have been referred to Crawford &
Auditorium.
Company, the agent for the Iowa Communities
Present: Mayor Duggan, Council Members
Assurance Pool: Car damage of Robert
Buol, Krieg, Michalski, Nicholson, Robbins,
Beecher; Personal injury and car damage of
Voetberg, City Manager Michael Van Milligen,
Theodora Richardson and Corporation
Corporation Counsel Barry Lindahl.
Counsel advising personal injury claim of
Connie D. Clasen has been referred to the
Mayor Duggan read the call and stated this
DRA to forward to its insurance carrier,
is the Regular Session of the City Council
presented and read. Council Member
called for the purpose to act upon such
Voetberg moved that the communications be
business which may properly come before the
received and filed. Seconded by Council
Council.
Member Nicholson. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Invocation was given by Father Gene
Buol, Krieg, Michalski, Nicholson, Robbins,
Kutsch, Pastor of St. Anthony's Catholic
Voetberg. Nays—None.
Church.
Corporation Counsel recommending
PROCLAMATIONS — June 21st-23rd as
settlement of car damage claim of Richard J.
VFW "Sale of Buddy Poppies;" and June 22-
Jaeger in the amount of $57.67 and Finance
29 as "Amateur Radio Week" received by
Director to issue property check, presented
John Nomellini.
and read. Council Member Voetberg moved
that the communication be received and filed
The Mayor presented an "Honorary Citizen"
and approved settlement. Seconded by
Certificate for Kenichi Ominami to Jerry Enzler
Council Member Nicholson. Carried by the
who will convey this to Mr. Ominami.
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
MINUTES SUBMITTED—Civil Service
Robbins, Voetberg. Nays—None.
Commission of 2-6; Electrical Code Board of
6-3; Housing Code Appeals Board of 4-23 &
Dubuque County Board of Supervisors
5-21; Long Range Planning Advisory
advising that Mr. Steve Horsfield was
Commission of 5-15; Park & Recreation
appointed to the Airport Zoning Commission
Commission of 5-14; Library Board of 4-25;
ending 1-1-2002, presented and read. Council
Transit Trustee Board of 5-9; Zoning Advisory
Member Voetberg moved that the
Commission of 6-5; Proofs of Publication on
communication be received and filed.
publishing Council Proceedings for 5-20 & 5-
Seconded by Council Member Nicholson.
23; Finance Director submitting financial
Carried by the following vote: Yeas—Mayor
reports for month of May, 1996; Proof of
Duggan, Council Members Buol, Krieg,
Publication List of Claims paid for month of
Michalski, Nicholson, Robbins, Voetberg.
April, 1996, presented and read. Council
Nays—None.
Member Voetberg moved that the minutes,
proofs and reports be received and filed.
June 5, 1996
Seconded by Council Member Nicholson.
Honorable Mayor and Members of the
Carried by the following vote: Yeas—Mayor
City Council
Duggan, Council Members Buol, Krieg,
In accordance with Chapter 400 of the
Michalski, Nicholson, Robbins, Voetberg.
1995 Code of Iowa, the Civil Service
Nays—None.
Commission conducted a written promotional
examination on May 22, 1996 for the position
NOTICES OF CLAIMS/SUITS — Dan
of Assistant Chief/Fire Marshal in the Fire
Chapman in amount of $445.93 for vehicle
Department.
damages; Michael S. Conlon in unknown
We hereby certify that the following
amount for backup sewer damages; Richard
members of the Fire Department have passed
Ehrlich in amount of $340.31 for vehicle
this written promotional examination and
damages; Michael J. Fincel in amount of
promotion for this position should be made
$2,739.12 for vehicle damages and personal
from this list.
injuries; Cynthia Kirch in amount of $50.63 for
ASSISTANT CHIEF/FIRE MARSHAL
tire damages; Stanley W. Kueter in amount of
Michael W. BurdsJames J. Imhof
$3,126.08 for property damages; Isabel
Roger A. VossJeff Udelhofen
Lindauer in unknown amount for property
Scott J. Neyens
damages; Robert G. Preston in approx. amt.
Regular Session, June 17, 1996
Respectfully submitted,which the owners by said final plat have
John H. Markhamdedicated to the public forever; and
ChairpersonWhereas, the preliminary plat has been
Tom Rawsonexamined by the Zoning Commission and had
Merle J. Duehr, Jr.its approval endorsed thereon; and
Civil Service CommissionWhereas, said final plat has been reviewed
Council Member Voetberg moved that theby the City Planner and had her approval
certification of the Civil Service Commissionendorsed thereon, subject to the owners
be made a matter of record. Seconded byagreeing to the conditions noted in Section 3
Council Member Nicholson. Carried by thebelow; and
following vote: Yeas—Mayor Duggan, CouncilWhereas, said final plat has been
Members Buol, Krieg, Michalski, Nicholson,examined by the City Council and they find
Robbins, Voetberg. Nays—None. that it conforms to the statutes and ordinances
relating to it, except that no streets or public
Steve Efken advising name change ofutilities have yet been constructed or installed;
West 11th Street Neighborhood Association toand
"The Historic Bluffs NeighborhoodWhereas, the City Council concurs in the
Association," presented and read. Councilconditions of approval established by the
Member Voetberg moved that theZoning Commission and the City Planner,
communication be received and filed.except that there shall be no raised curb
Seconded by Council Member Nicholson.islands in the streets.
Carried by the following vote: Yeas—MayorNOW, THEREFORE, BE IT RESOLVED
Duggan, Council Members Buol, Krieg,BY THE CITY COUNCIL OF THE CITY OF
Michalski, Nicholson, Robbins, Voetberg.DUBUQUE, IOWA:
Nays—None. Section 1. That Resolution 387-95 is
hereby rescinded.
Andrea Shickles, on behalf of WashingtonSection 2. That the dedications of Copper
Neighborhood Council, Inc., requestingField and Mill Run (Lot A) and Lot B (storm
additional time to use their funds allocatedwater detention facility), together with the
from cp2 Grant monies and City Managereasements for public utilities, sanitary sewer,
recommending approval of request, and astorm sewer and water mains as they appear
Resolution Approving a time extension forupon said final plat, be and the same are
expenditure of Community Partnershiphereby accepted; and
Program (cp2) Funds by WashingtonSection 3. That the plat of Lots 1 thru 13;
Neighborhood Council, presented and read.Lot A and Lot B, Copper Field Subdivision is
Council Member Michalski moved that thehereby approved and the Mayor and City Clerk
communication be referred to the City Staff toare hereby authorized and directed to endorse
work with the Washington Neighborhoodthe approval of the City of Dubuque, Iowa,
Council. Seconded by Council Memberupon said final plat, provided the owners of
Voetberg. Carried by the following vote:said property herein named, execute their
Yeas—Mayor Duggan, Council Memberswritten acceptance hereto attached agreeing:
Buol, Krieg, Michalski, Nicholson, Robbins,a. To reduce Copper Field and Mill Run to
Voetberg. Nays—None. grade, to delete raised curb islands from these
streets, and to construct concrete curb and
City Manager recommending approval ofgutter and to hard surface with asphaltic
final plat of Copper Field Subdivision in Cityconcrete, or with concrete paving with integral
of Dubuque, presented and read. Councilcurb, all in accordance with the City of
Member Voetberg moved that theDubuque standard specifications, all in a
communication be received and filed.manner acceptable to the City Engineer, and
Seconded by Council Member Nicholson.in conformance with construction improvement
Carried by the following vote: Yeas—Mayorplans approved by the City Engineer, and
Duggan, Council Members Buol, Krieg,inspected by the City Engineer.
Michalski, Nicholson, Robbins, Voetberg.b. To install sanitary sewer mains and sewer
Nays—None. service laterals into each individual lot, water
mains and water service laterals into each
RESOLUTION NO. 212-96individual lot, storm sewers and catch basins,
A RESOLUTION RESCINDINGboulevard street lighting and erosion control
RESOLUTION NO. 387-95 ANDdevices all in accordance with the City of
APPROVING THE FINAL PLAT OF LOTS 1Dubuque standard specifications, all in a
THRU 13; LOT A AND LOT B, COPPERmanner acceptable to the City Engineer, and
FIELD SUBDIVISION IN THE CITY OFin accordance with construction improvement
DUBUQUE, IOWA.plans approved by the City Engineer, and
Whereas, there has been filed with the Cityinspected by the City Engineer.
Clerk a final plat of Lots 1 thru 13; Lot A andc. To construct a detention facility on Lot B of
Lot B, Copper Field Subdivision in the City ofCopper Field Subdivision in accordance with
Dubuque, Iowa; andthe improvement plans approved by the City;
Whereas, upon said final plat appearto maintain said detention facility until 80
street(s) to be known as Copper Field and Millpercent of the sum of the platted lots are fully
Run, together with certain public utility anddeveloped and the remaining 20 percent of
sanitary sewer and storm sewer easementssaid lots have installed adequate erosion
control measures as approved by the City.
Regular Session, June 17, 1996
d. To maintain the public improvements, for aMembers Buol, Krieg, Michalski, Nicholson,
period of two (2) years from the date of theRobbins, Voetberg. Nays—None.
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of theZoning Advisory Commission advising of
owners, or future owners;their approval of minor final plat of Oak Crest
And further provided that said Joe Mond,Estates No. 2 in Dubuque County, presented
as owner of said property, shall secure theand read. Council Member Voetberg moved
performance of the foregoing conditionsthat the communication be received and filed.
provided in this Section by providingSeconded by Council Member Nicholson.
guarantees in such form and with suchCarried by the following vote: Yeas—Mayor
sureties as may be acceptable to the CityDuggan, Council Members Buol, Krieg,
Manager of the City of Dubuque, Iowa.Michalski, Nicholson, Robbins, Voetberg.
Section 4. Sidewalk installation shall be theNays—None.
responsibility of the owner of the property
abutting the public right-of-way, as required byRESOLUTION NO. 213-96
City Code 41-161 through 41-164. TheA RESOLUTION APPROVING THE MINOR
responsibility shall extend to all successors,FINAL PLAT OF LOTS 1, 2, 3 AND 4 OF
heirs and assignees. Sidewalk installation willOAK CREST ESTATES NO. 2 IN DUBUQUE
not be required until the development of the lotCOUNTY, IOWA.
has been completed, except as requiredWhereas, there has been filed with the City
herein. In sparsely developed subdivisions,Clerk a minor final plat of Lots 1, 2, 3 and 4 of
sidewalks on developed lots will not beOak Crest Estates No. 2 in Dubuque County,
required until 50% of the lots approved by theIowa; and
plat have been developed. All vacant lots shallWhereas, upon said final plat appears a
have sidewalks installed upon development ofstreet to be known as Acorn Lane,; and
80% of the lots approved by the plat.Whereas, minor final plat has been
Section 5. That the final acceptance of allreviewed and approved by the Zoning Advisory
public improvements shall occur uponCommission, waiving Article IV, Design and
certification of the City Engineer to the CityImprovement Standards of the Subdivision
Council that all public improvements haveRegulations, except for Section 42-19, Lots
been completed in accordance with theand Blocks; and
improvement plans and City standardWhereas, said minor final plat has been
specifications and accepted by City Councilexamined by the City Council and they find
Resolution.that it conforms to the statutes and ordinances
Section 6. That maintenance expensesrelating to it.
incurred by the City of Dubuque for the stormNOW, THEREFORE, BE IT RESOLVED
water detention facility (Lot B) shall beBY THE CITY COUNCIL OF THE CITY OF
assessed against Lots 1 through 13 in equalDUBUQUE, IOWA:
amounts, and the City Manager shall certifySection 1. That the minor final plat of Lots
such costs to the City Clerk, who in turn shall1, 2, 3 and 4 of Oak Crest Estates No. 2 in
promptly certify such costs to the CountyDubuque County, Iowa is hereby approved
Treasurer, and such costs shall then beand the Mayor and City Clerk are hereby
collected with and in the same manner asauthorized and directed to endorse the
general property taxes in accordance withapproval of the City of Dubuque upon said
provisions of law.plat.
Section 7. In the event the owner shall failSection 2. That the City Council hereby
to execute the acceptance and furnish thewaives Article IV of the Subdivision
guarantees provided in Section 3 hereof withinRegulations, except for Section 42-19.
180 days after the date of this Resolution, theSection 3. That in the event the owners
provisions hereof shall be null and void andshall fail to execute the acceptance within 45
the acceptance of the dedications anddays after the date of this resolution, the
approval of the plat shall not be affected.provisions hereof shall be null and void and
Passed, approved and adopted this 17ththe acceptance and approval of the plat shall
day of June, 1996.not be effective.
Terrance M. Duggan, MayorPassed, approved and adopted this 17th
ATTEST: Mary A. Davis, City Clerkday of June, 1996.
ACCEPTANCE OF Terrance M. Duggan, Mayor
RESOLUTION NO. 212-96ATTEST: Mary A. Davis, City Clerk
I, Joe Mond, having read the terms andCouncil Member Voetberg moved adoption
conditions of the foregoing Resolution No.of the Resolution. Seconded by Council
212-96 and being familiar with the conditionsMember Nicholson. Carried by the following
thereof, hereby accept this same and agree tovote: Yeas—Mayor Duggan, Council Members
the conditions required therein.Buol, Krieg, Michalski, Nicholson, Robbins,
Dated in Dubuque, Iowa this 15th day ofVoetberg. Nays—None.
November, 1996.
By /s/ Joe Mond, OwnerZoning Advisory Commission advising of
By /s/ Gail A. Mond, Ownertheir approval of lot split at 145 Valley Street,
Council Member Voetberg moved adoptionpresented and read. Council Member
of the Resolution. Seconded by CouncilVoetberg moved that the communication be
Member Nicholson. Carried by the followingreceived and filed. Seconded by Council
vote: Yeas—Mayor Duggan, CouncilMember Nicholson. Carried by the following
Regular Session, June 17, 1996
vote: Yeas—Mayor Duggan, Council MembersSection 4. That in the event the owners
Buol, Krieg, Michalski, Nicholson, Robbins,shall fail to execute the acceptance within 45
Voetberg. Nays—None. days after the date of this resolution, the
provisions hereof shall be null and void and
RESOLUTION NO. 214-96the acceptance and approval of the plat shall
A RESOLUTION APPROVING THEnot be effective.
SURVEY PLAT OF LOTS 1, 2, 3 AND A OFPassed, approved and adopted this 17th
LEVI'S SECOND ADDITION, BEING Aday of June, 1996.
SUBDIVISION OF LOT 2 OF 26, LOT 2 OFTerrance M. Duggan, Mayor
1 OF 26, AND LOT 27 IN LEVI'S ADDITIONAttest: Mary A. Davis, City Clerk
AND LOT 16 OF 1 OF RANDALL'SACCEPTANCE OF
SUBDIVISION AND THE VACATED ALLEYRESOLUTION NO. 214-96
LYING BETWEEN LEVI'S ADDITION ANDI, the undersigned, Mary A. Miller, having
RANDALL'S SUBDIVISION FROM VALLEYread the terms and conditions of the
STREET EASTERLY TO THE WESTERLYResolution No. 214-96 and being familiar with
PROPERTY LINE OF LOT 2 OF 25 OFthe conditions thereof, hereby accept this
LEVI'S ADDITION EXTENDEDsame and agree to the conditions required
SOUTHERLY, ALL IN THE CITY OFtherein.
DUBUQUE, IOWA.Dated in Dubuque, Iowa this day of
Whereas, there has been filed with the City , 1996.
Clerk a Survey Plat of Lots 1, 2, 3 and A ofNOT SIGNED AS OF NOVEMBER 21, 1996
Levi's 2nd Addition, being a subdivision of LotBy ____________________________
2 of 26, Lot 2 of 1 of 26, and Lot 27 in Levi'sMary A. Miller
Addition, and Lot 16 of 1 of Randall'sCouncil Member Voetberg moved adoption
Subdivision and the vacated alley lyingof the Resolution. Seconded by Council
between Levi's Addition and Randall'sMember Nicholson. Carried by the following
Subdivision from Valley Street easterly to thevote: Yeas—Mayor Duggan, Council Members
westerly property line of Lot 2 of 25 of Levi'sBuol, Krieg, Michalski, Nicholson, Robbins,
Addition extended southerly, all in the City ofVoetberg. Nays—None.
Dubuque, Iowa; and
Whereas, said plat provides only 4,170City Manager recommending approval of
square feet of area for Lot 2 and 4,972 squarepurchase of services agreement with Dubuque
feet for Lot 3, where 6,000 square feet isHumane Society, presented and read. Council
required by Section 3-1.1(F) of the ZoningMember Voetberg moved that the
Ordinance; andcommunication be received and filed.
Whereas, said plat will be dedicating Lot ASeconded by Council Member Nicholson.
to the City for right-of-way purposes on ValleyCarried by the following vote: Yeas—Mayor
Street; andDuggan, Council Members Buol, Krieg,
Whereas, said plat has been examined byMichalski, Nicholson, Robbins, Voetberg.
the Zoning Advisory Commission and has itsNays—None.
approval endorsed thereon; and
Whereas, said final plat has beenRESOLUTION NO. 215-96
examined by the City Council and they findAPPROVING A PURCHASE OF SERVICES
that it conforms to the statutes and ordinancesAGREEMENT BETWEEN THE CITY OF
relating thereto.DUBUQUE AND THE DUBUQUE HUMANE
NOW THEREFORE, BE IT RESOLVEDSOCIETY AND AUTHORIZING AND
BY THE CITY COUNCIL OF THE CITY OFDIRECTING THE MAYOR TO EXECUTE
DUBUQUE, IOWA:SAID AGREEMENT ON BEHALF OF THE
Section 1. That Section 3-1.1(F) of theCITY OF DUBUQUE, IOWA.
Zoning Ordinance is waived to allow Lot 2 ofWhereas, the City of Dubuque does not
Levi's 2nd Addition to have 4,170 square feetoperate its own shelter for dogs, cats and
of area and Lot 3 to have 4,972 square feet ofother animals which may be taken up or
area, where 6,000 square feet is required.received pursuant to Article II of Chapter 7 of
Section 2.That Lot A of Levi's 2ndthe Code of Ordinances of the City; and
Addition in the City of Dubuque is herebyWhereas, the Dubuque Humane Society is
accepted for right-of-way purposes for Valleyan incorporated society for the prevention of
Street.cruelty of animals and does maintain a shelter
Section 3.That the Survey Plat of Lotsfor the custody of lost, strayed or homeless
1, 2, 3 and A of Levi's 2nd Addition, being adogs, cats, or other animals and for the
subdivision of Lot 2 of 26, Lot 2 of 1 of 26, anddisposition and/or destruction of such animals
Lot 27 in Levi's Addition, and Lot 16 of 1 ofnot redeemed and/or diseased; and
Randall's Subdivision and the vacated alleyWhereas, it is deemed to be in the best
lying between Levi's Addition and Randall'sinterest of the City of Dubuque to enter into an
Subdivision from Valley Street easterly to theagreement with the Dubuque Humane Society
westerly property line of Lot 2 of 25 of Levi'sto provide animal shelter services for the City.
Addition extended southerly, all in the City ofNOW, THEREFORE, BE IT RESOLVED
Dubuque, Iowa, is hereby approved and theBY THE CITY COUNCIL OF THE CITY OF
Mayor and City Clerk are hereby authorizedDUBUQUE, IOWA:
and directed to endorse the approval of theSection 1. That the attached Purchase of
City of Dubuque, Iowa, upon said final plat.Services Agreement by and between the City
Regular Session, June 17, 1996
of Dubuque, Iowa and Dubuque HumaneBuol, Krieg, Michalski, Nicholson, Robbins,
Society be and the same is hereby approved.Voetberg. Nays—None.
Section 2. That the Mayor be and he is
hereby authorized and directed to execute saidCity Manager recommending approval for
Agreement for and on behalf of the City ofIDOT Grant Application for North End Trail,
Dubuque, Iowa.presented and read. Council Member
Passed, approved and adopted this 17thVoetberg moved that the communication be
day of June , 1996.received and filed. Seconded by Council
Terrance M. Duggan, MayorMember Nicholson. Carried by the following
Attest: Mary A. Davis, City Clerkvote: Yeas—Mayor Duggan, Council Members
Council Member Voetberg moved adoptionBuol, Krieg, Michalski, Nicholson, Robbins,
of the Resolution. Seconded by CouncilVoetberg. Nays—None.
Member Nicholson. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 217-96
Buol, Krieg, Michalski, Nicholson, Robbins,RESOLUTION AUTHORIZING
Voetberg. Nays—None. APPLICATION FOR RECREATIONAL
TRAILS FUNDS FOR THE NORTH END
City Manager recommending approval ofNEIGHBORHOOD TRAIL PROJECT
collective bargaining agreement with FireWhereas, Iowa Department of
Department, presented and read. CouncilTransportation has recreational trails funds
Member Voetberg moved that theavailable to acquire and develop recreational
communication be received and filed.trails; and
Seconded by Council Member Nicholson.Whereas, the City of Dubuque has an
Carried by the following vote: Yeas—Mayoradopted Comprehensive Plan and Riverfront
Duggan, Council Members Buol, Krieg,Plan that include goals for development of
Michalski, Nicholson, Robbins, Voetberg.bike/hike trails; and
Nays—None. Whereas, the City of Dubuque recognizes
the recreational potential of the North End
RESOLUTION NO. 216-96Neighborhood Trail from 32nd Street to 22nd
APPROVING THE AGREEMENTStreet along the former railroad right-of-way.
BETWEEN THE CITY OF DUBUQUE,NOW THEREFORE, BE IT RESOLVED
IOWA, AND THE DUBUQUEBY THE CITY COUNCIL OF THE CITY OF
PROFESSIONAL FIREFIGHTERSDUBUQUE, IOWA:
ASSOCIATION, LOCAL #353 ANDSection 1. That the Planning Services
AUTHORIZING THE MAYOR TO SIGN THEManager is hereby authorized to submit this
AGREEMENT application for $157,810 in recreational trails
Whereas, the Sixty-Fifth General Assemblyfunds to the Iowa Department of
adopted the Public Employment Relations Act,Transportation.
Chapter 20, Code of Iowa; andSection 2. That the City of Dubuque hereby
Whereas, the City of Dubuque is a publicagrees to adequately maintain the trail for its
employer within the meaning of Section 3 (1)intended public use for a minimum of 20 years
of the Public Employment Relations Act; andfollowing project completion.
Whereas, the Dubuque ProfessionalPassed, approved and adopted this 17th
Firefighters Association, Local #353 is anday of June, 1996.
employee organization within the meaning ofTerrance M. Duggan, Mayor
Section 3 (4) of the Public EmploymentAttest: Mary A. Davis, City Clerk
Relations Act; and Council Member Voetberg moved adoption
Whereas, the Dubuque Professionalof the Resolution. Seconded by Council
Firefighters Association, Local #353,Member Nicholson. Carried by the following
submitted a request to bargain collectively onvote: Yeas—Mayor Duggan, Council Members
behalf of the employees within itsBuol, Krieg, Michalski, Nicholson, Robbins,
representation; andVoetberg. Nays—None.
Whereas, bargaining between the parties
has occurred and an agreement has beenCity Manager advising of TCI Cablevision
concluded.Basic Service Rate Increase, presented and
NOW, THEREFORE, BE IT RESOLVEDread. Council Member Voetberg moved that
BY THE CITY COUNCIL OF THE CITY OFthe communication be received and filed.
DUBUQUE, IOWA:Seconded by Council Member Nicholson.
Section 1. That the terms of the agreementCarried by the following vote: Yeas—Mayor
be approved and the Mayor authorized andDuggan, Council Members Buol, Krieg,
directed to sign the collective bargainingMichalski, Nicholson, Robbins, Voetberg.
agreement.Nays—None.
Passed, approved and adopted this 17th
day of June, 1996.City Manager submitting copy of letter sent
Terrance M. Duggan, Mayorto Governor Branstad regarding property tax
Attest: Mary A. Davis, City Clerkcredits, presented and read. Council Member
Council Member Voetberg moved adoptionVoetberg moved that the communication be
of the Resolution. Seconded by Councilreceived and filed. Seconded by Council
Member Nicholson. Carried by the followingMember Nicholson. Carried by the following
vote: Yeas—Mayor Duggan, Council Membersvote: Yeas—Mayor Duggan, Council Members
Regular Session, June 17, 1996
Buol, Krieg, Michalski, Nicholson, Robbins,2401 Windsor Ave
Voetberg. Nays—None. A & B TapMy-Cap Vendors Inc.
2600 Central Ave
City Manager responding to request forAmerican Legion American Legion
input into Iowa League of Cities property tax1305 Delhi St
reform report, presented and read. CouncilB'zB’z
Member Voetberg moved that the431 Rhomberg Ave
communication be received and filed.Billy Bucks East St Tap
Seconded by Council Member Nicholson.Billy Bucks East St. Tap521 E. 22nd St
Carried by the following vote: Yeas—MayorCorner PocketCorner Pocket
Duggan, Council Members Buol, Krieg,2095 Kerper Blvd.
Michalski, Nicholson, Robbins, Voetberg.Corner Tap Corner Tap
Nays—None. 2093 Washington St
Denny's Lux Club Denny’s Lux Club
RESOLUTION NO. 218-963050 Asbury Rd
NOW, THEREFORE, BE IT RESOLVEDDiamond Jo CasinoDiamond Jo Casino
BY THE CITY COUNCIL OF THE CITY OF3rd St Ice Harbor
DUBUQUE, IOWA:Dog House Lounge Dog House Lounge
That the following having complied with the1646 Asbury Rd
provisions of law relating to the saleFat Tuesday'sFat Tuesday’s
of Cigarettes within the City of Dubuque, Iowa,1121 University Ave
be granted a permit to sell Cigarettes andF.O.E. # 568My Cap Vendors, Inc.
Cigarette Papers within said City.1175 Century Dr.
RenewalsGrand TapGrand Tap
Aragon TapMyra Woodman802 Central Ave
1103 Iowa StIdle HourIdle Hour
Casey General StoreThe Monday Co."1555 Central Ave
4003 Peru RdKing of ClubsKing of Clubs
Cedar Cross AmocoTB, TB Inc1902 Central Ave
1010 Cedar Cross PlLucky 13Lucky 13
Central TapMyra Woodman385 E. 13th St
1046 Central AveMario's Italian Restr.Mario’s Italian Restr.
Dubuque Mining Co.Apt. Ltd. Corp1298 Main St
555 JFK -Kennedy MallMidway HotelMidway Hotel
Europa Haus Restr/Bierstube3100 Dodge ST
Marie Moeller301 Rhomberg AveMike's Ten Pin TapMike’s Ten Pin Tap
Grandview Milk HouseSandra J Michel601 Rhomberg Ave
620 S GrandviewMyers-Cox Co.Myers-Cox Co.
Hooligans Sports Bar/GrillJD, BS & SW Lt175 W. 32nd St
2600 Dodge StNoonan's TapNoonan’s Tap
Kwik Stop Food MartRainbo Oil Com1618 Central Ave
4039 PennsylvaniaP.J. TavernP.J.’s Tavern
Kwik Stop Food MartRainbo Oil Com500 Rhomberg Ave
2320 Hwy 61Paul's TavernPaul’s Tavern
Kwik Stop Food MartRainbo Oil Com176 Locust St
2360 Central Ave.Park Square Park Square
Kwik Stop Food MartRainbo Oil Com600 Central Ave
2255 Kerper Blvd.Rasch's Wheel House
Kwik Stop Food MartRainbo Oil Com.Rasch’s Wheel House1630 E. 16 ST
2297 University AveTown Clock InnTown Clock Plaza
Liquor DepotLiquor Dept of DBQWest Dubuque TapWest Dubuque Tap
1620 JFK Rd1701 Asbury Rd
LoungePhillip LovePassed, approved and adopted this 17th
481 Locust Stday of June, 1996.
Oky Doky #1TFM CoTerrance M. Duggan, Mayor
250 W 1st StAttest: Mary A. Davis, City Clerk
Oky Doky #2TFM CoCouncil Member Voetberg moved adoption
51 W. 32nd Stof the Resolution. Seconded by Council
Oky Doky #6TFM CoMember Nicholson. Carried by the following
1256 Iowa STvote: Yeas—Mayor Duggan, Council Members
Oky Doky #15Jena, Inc.Buol, Krieg, Michalski, Nicholson, Robbins,
1101 Rhomberg AveVoetberg. Nays—None.
The YardarmJoe Castrogiovani
1201 Shiras Ave Ext.RESOLUTION NO. 219-96
Wal-MartWal-Mart Inc.Whereas, applications for Beer Permits
4200 Dodge Sthave been submitted and filed to this Council
Whitey's Bar XLeroy Millerfor approval and the same have been
2616 Windsor Aveexamined and approved; and
White House TapDavid HoffmanWhereas, the premises to be occupied by
450 W. Locust Stsuch applicants were inspected and found to
Windsor TapG & J Inc.
Regular Session, June 17, 1996
comply with the Ordinances of this City andvote: Yeas—Mayor Duggan, Council Members
have filed proper bonds.Buol, Krieg, Michalski, Nicholson, Robbins,
NOW, THEREFORE, BE IT RESOLVEDVoetberg. Nays—None.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:BOARDS AND COMMISSIONS:
That the Manager be authorized to cause toApplicants for the following Board or
be issued the following named applicants aCommission were invited to address the
Beer Permit.Council to express their desire to serve on that
CLASS "B" BEER PERMITBoard/Commission:
Prospect Pizza LtdPizza Hut # 2
+(Sunday Sales)320 E 20th StENVIRONMENTAL STEWARDSHIP
Prospect Pizza LtdPizza Hut # 1COMMISSION - Applicants William J.
+(Sunday Sales)2075 JFK RdGartner, Mark Hogan and Sam Mulgrew.
Sandra/Richard MichelBill Gartner and Mark Hogan both spoke
Milk House on Grandview+(Sunday Sales)requesting consideration for appointment.
620 S. Grandview
CLASS "BE" BEER PERMITHOUSING COMMISSION - Applicants
Jean A AlthausFamily Beverage CenterBoniface P. Arthofer, Dorothy Culbertson,
+(Sunday Sales)3400 Central AveJulita Koch-Felton, Jane Steele. Boniface
Hy Vee, IncHy Vee Food StoreArthofer and Jane Steele both spoke
+(Sunday Sales)3500 Dodge Strequesting consideration for appointment.
Passed, approved and adopted this 17th
day of June, 1996.INVESTMENT OVERSIGHT COMMISSION
Terrance M. Duggan, Mayor- Applicants Thomas H. Kersch, Teri L.
Attest: Mary A Davis, City ClerkZuccaro.
Council Member Voetberg moved adoption
of the Resolution. Seconded by CouncilPARK & RECREATION COMMISSION -
Member Nicholson. Carried by the followingApplicants Tom Blocklinger, Lon B. Boike and
vote: Yeas—Mayor Duggan, Council MembersThomas J. Schrobilgen. Tom Blocklinger, Lon
Buol, Krieg, Michalski, Nicholson, Robbins,Boike and Tom Schrobilgen spoke requesting
Voetberg. Nays—None. consideration for appointment.
RESOLUTION NO. 220-96APPOINTMENTS TO LONG RANGE
Whereas, applications for Liquor LicensesPLANNING ADVISORY COMMISSION -
have been submitted to this Council forApplicants Gregory E. Malm, Anna M.
approval and the same have been examinedO'Shea, Michael E. Portzen and David Rusk.
and approved; andMayor Duggan voted for Malm, O’Shea,
Whereas, the premises to be occupied byand Rusk. Council Member Buol voted for
such applicants were inspected and found toO’Shea, Portzen and Rusk. Council Member
comply with the State Laws and all CityKrieg voted for Malm, O’Shea and Rusk.
Ordinances relevant thereto and they haveCouncil Member Michalski voted for O’Shea,
filed proper bonds.Portzen and Rusk. Council Member Nicholson
NOW, THEREFORE, BE IT RESOLVEDvoted for O’Shea, Portzen and Rusk. Council
BY THE CITY COUNCIL OF THE CITY OFMember Robbins voted for O’Shea, Portzen
DUBUQUE, IOWA:and Rusk. Council Member Voetberg voted for
That the Manager be authorized to cause toMalm, O’Shea and Rusk. Therefore, Anna
be issued the following named applicantsO'Shea and David Rusk reappointed and
a Liquor License.Michael Portzen appointed to three year terms
CLASS “C” (COMMERCIAL)on the Long Range Planning Advisor
BEER & LIQUOR LICENSECommission which will expire 7-1-99.
American Legion Post # 6American Legion
#6+(Sunday Sales)1306 DelhiCouncil Member Voetberg stated he was
Michael SawvelButters Barnot seeking reappointment as the Council
1700 Centralliaison to the Long Range Planning
Carolyn K. FonckChannel InnCommission. Upon discussion, Council
2010 KerperMember Nicholson moved that Council
James FerringDubuque Bowling LanesMember Buol be appointed as Council liaison
1029 Main to a one year term on the Long Range
Thomas M. KochPauls TavernPlanning Commission, with Mayor Duggan as
+(Sunday Sales)176 Locust Stalternate. Seconded by Council Member
Riverside Bowl, Inc.Riverside BowlVoetberg. Carried by the following vote:
+(Sunday & Outdoor S) 1860 HawthorneYeas—Mayor Duggan, Council Members
Anthony T. KampTony’s PlaceBuol, Krieg, Michalski, Nicholson, Robbins,
+(Sunday Sales) 1701 CentralVoetberg. Nays—None.
Passed, approved and adopted this day
17th of June, 1996.APPOINTMENTS TO ZONING ADVISORY
Terrance M. Duggan, MayorCOMMISSION - Applicants Martha Christ,
Attest: Mary A. Davis, City ClerkKevin R. Geraci, P. Keith Shearer and Richard
Council Member Voetberg moved adoptionJ. Schiltz.
of the Resolution. Seconded by CouncilVote on the appointments was as follows:
Member Nicholson. Carried by the followingMayor Duggan voted for Christ, Shearer, and
Regular Session, June 17, 1996
Schiltz. Council Member Buol voted forconsider rezoning property at 348 Kaufmann
Geraci, Shearer and Schiltz. Council MemberAvenue from R-1 to R-2 District, presented
Krieg voted for Christ, Geraci, and Schiltz.and read. Council Member Nicholson moved
Council Member Michalski voted for Christ,that the proof be received and filed. Seconded
Geraci, and Schiltz. Council Memberby Council Member Robbins. Vote on the
Nicholson voted for Christ, Shearer, Schiltz.motion was as follows: Yeas—Council
Council Member Robbins voted for Christ,Members Buol, Krieg, Voetberg. Nays—Mayor
Shearer, and Schiltz. Council MemberDuggan, Council Members Michalski,
Voetberg voted for Christ, Geraci and Schiltz.Nicholson, Robbins. M0TION FAILED.
Therefore, Martha Christ and Richard Schiltz
reappointed.An Ordinance Amending Zoning Map by
A second vote was taken: Mayor Dugganreclassifying property located at 348
voted for Shearer. Council Member Buol votedKaufmann Avenue from R-1 Single-Family
for Geraci. Council Member Krieg voted forResidential District to R-2 Two-Family
Geraci. Council Member Michalski voted forResidential District (DENIED by Zoning
Geraci. Council Member Nicholson voted forAdvisory Commission), said Ordinance having
Shearer. Council Member Robbins voted forbeen presented and read at the Council
Shearer. Council Member Voetberg voted forMeeting of May 20, presented for further
Geraci. Therefore Kevin Geraci appointed toaction. Council Member Nicholson moved that
three year terms on the Zoning Advisorthey concur with the Zoning Commission's
Commission which will expire 7-1-99.denial. Seconded by Council Member
Robbins. Vote on the motion was as follows:
Council Member Voetberg moved that theYeas—Council Members Buol, Krieg,
rules be suspended to allow anyone present toVoetberg. Nays—Mayor Duggan, Council
address the Council if they so desire.Members Michalski, Nicholson, Robbins.
Seconded by Council Member Michalski.MOTION FAILED.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,Council Member Nicholson then moved
Michalski, Nicholson, Robbins, Voetberg.final consideration and passage of the
Nays—None. Ordinance. Seconded by Council Member
Michalski. Vote on the motion was as follows:
Proof of publication certified to by theYeas—Mayor Duggan, Council Members
Publisher on Notice of Public Hearing toMichalski, Nicholson, Robbins. Nays—Council
consider rezoning property at 723 Peru RoadMembers Buol, Krieg, Voetberg. MOTION
from R-1 to C-3 District; Petition containing 13FAILED DUE TO LACK OF 3/4 VOTE.
signatures, Mr. & Mrs. Bernell Pickel, Evelyn
S. Tharp, Amy Connolly-Weidenbacher,Proof of publication certified to by the
Shirley Scardino, Helen Vorwald, Daniel &Publisher on Notice of disposing West four (4)
Linda Sheldon Reifsteck, Philip & Jeaninefeet of Lot 23 and Lot 24 of B. Derrick
Schromen objecting to rezoning of property atLaukaitis and Irving D. Veley and City
723 Peru Road, presented and read. CouncilManager recommending to dispose of property
Member Nicholson moved that the proof andat 628 W. 8th Street, presented and read.
petition be received and filed. Seconded byCouncil Member Robbins moved that the proof
Council Member Voetberg. Carried by theand communication be received and filed.
following vote: Yeas—Mayor Duggan, CouncilSeconded by Council Member Nicholson.
Members Buol, Krieg, Michalski, Nicholson,Carried by the following vote: Yeas—Mayor
Robbins, Voetberg. Nays—None. Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Applicant Jim Foht spoke requestingNays—None.
rezoning to allow him to build a garage.
RESOLUTION NO. 221- 96
Elmer Pickel spoke objecting to proposedWhereas, pursuant to resolution and
rezoning.published notice of time and place of hearing,
published in the Telegraph Herald, a
An Ordinance Amending Zoning Map bynewspaper of general circulation published in
reclassifying property located adjacent to 723the City of Dubuque, Iowa on the 7th day of
Peru Road from R-1 Single-Family ResidentialJune, 1996, the City Council of the City of
District to C-3 General Commercial District,Dubuque, Iowa met on the 17th day of June,
said rezoning denied by Zoning Advisory1996 at 7:30 p.m. in the Public Library
Commission, said Ordinance presented andAuditorium, 11th and Locust, Dubuque,
read at the Council Meeting of June 3, 1996,Dubuque County, Iowa to consider the
presented for further action. Council Memberproposal for the sale of real estate described
Nicholson moved that they concur with theas:
Zoning Commission's denial. Seconded bythe west four feet of Lot 23 and Lot 24 of
Council Member Voetberg. Carried by theRogers Subdivision in the City of Dubuque,
following vote: Yeas—Mayor Duggan, CouncilIowa to B. Derrick Laukaitis and Irving D.
Members Buol, Krieg, Michalski, Nicholson,Veley
Robbins, Voetberg. Nays—None. Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
Proof of publication certified to by theobjections, oral and written, to the proposal to
Publisher on Notice of Public Hearing todispose of the interest of the City of Dubuque,
Regular Session, June 17, 1996
Iowa, in the hereinabove described real estateTerrance M. Duggan, Mayor
to B. Derrick Laukaitis and Irving D. Veley.Attest: Mary A. Davis, City Clerk
NOW THEREFORE, BE IT RESOLVEDCouncil Member Robbins moved adoption
BY THE CITY COUNCIL OF THE CITY OFof the Resolution. Seconded by Council
DUBUQUE, IOWA:Member Nicholson. Carried by the following
Section 1. That the disposal of the interestvote: Yeas—Mayor Duggan, Council Members
of the City of Dubuque, Dubuque County,Buol, Krieg, Michalski, Nicholson, Robbins,
Iowa in the real property described as the westVoetberg. Nays—None.
four feet of Lot 23 and Lot 24 of Rogers
Subdivision in the City of Dubuque, Iowa to B.Proof of publication certified to by the
Derrick Laukaitis and Irving D. Veley be andPublisher on Notice to Bidders on Receipt of
the same is hereby approved for the sum ofBids for project and City Manager
$300.00 plus cost of publication, platting andrecommending to award contracts for project,
filing fees; conveyance shall be by Quit Claimpresented and read. Council Member Robbins
Deed.moved that the proof and communication be
Section 2. That the Mayor be authorizedreceived and filed. Seconded by Council
and directed to execute a Quit Claim Deed,Member Nicholson. Carried by the following
and the City Clerk be and is hereby upthrustvote: Yeas—Mayor Duggan, Council Members
and directed to deliver said deed ofBuol, Krieg, Michalski, Nicholson, Robbins,
conveyance to the above named granteesVoetberg. Nays—None.
upon receipt of the purchase price in full.
Section 3. That the City Clerk be and isRESOLUTION NO. 223-96
hereby upthrust and directed to record aAWARDING CONTRACT
certified copy of this resolution in the office ofWhereas, sealed proposals have been
the City Assessor, Dubuque County Recordersubmitted by contractors for the Phase III
and the Dubuque County Auditor.Improvements, Contract 1-95, pursuant to
Passed, approved and adopted this 17thResolution No. 173-96 and notice to bidders
day of June, 1996.published in a newspaper in the City of
Terrance M. Duggan, MayorDubuque, Iowa, on the 24th day of May, 1996;
Attest: Mary A. Davis, City Clerkand
Council Member Robbins moved adoptionWhereas, said sealed proposals were
of the Resolution. Seconded by Councilopened and read on the 29th day of May,
Member Nicholson. Carried by the following1996, and it has been determined that the bid
vote: Yeas—Mayor Duggan, Council Membersof Portzen Construction, of Dubuque, Iowa, in
Buol, Krieg, Michalski, Nicholson, Robbins,the amount of $921,876 was the lowest bid for
Voetberg. Nays—None. the furnishings of all labor and materials and
performing the work as provided for in the
Proof of publication certified to by theplans and specifications.
Publisher on Notice of Plans andNOW THEREFORE, BE IT RESOLVED
Specifications for the Dubuque WaterBY THE CITY COUNCIL OF THE CITY OF
Pollution Control Plant Phase IIIDUBUQUE, IOWA:
Improvements, presented and read. CouncilSection 1. That the contract for the above
Member Robbins moved that the proof beimprovement be awarded to Portzen
received and filed. Seconded by CouncilConstruction, and the City Manager be and is
Member Nicholson. Carried by the followinghereby directed to execute a contract on
vote: Yeas—Mayor Duggan, Council Membersbehalf of the City of Dubuque for the complete
Buol, Krieg, Michalski, Nicholson, Robbins,performance of the work.
Voetberg. Nays—None. Section 2. That upon the signing of said
contract and the approval of the contractor's
RESOLUTION NO. 222-96bond, the City Treasurer is authorized and
RESOLUTION ADOPTING PLANSinstructed to return the bid deposits of the
AND SPECIFICATIONSunsuccessful bidders.
Whereas, on the 11th day of March, 1996,Passed, approved and adopted this 17th
plans, specifications, form of contract andday of June, 1996.
estimated cost were filed with the City Clerk ofTerrance M. Duggan, Mayor
Dubuque, Iowa, for the Dubuque WaterATTEST: Mary A. Davis, City Clerk
Pollution Control Plant Phase IIICouncil Member Robbins moved adoption
Improvements; andof the Resolution. Seconded by Council
Whereas, notice of hearing on plans,Member Nicholson. Carried by the following
specifications, form of contract and estimatedvote: Yeas—Mayor Duggan, Council Members
cost was published as required by law.Buol, Krieg, Michalski, Nicholson, Robbins,
NOW, THEREFORE, BE IT RESOLVEDVoetberg. Nays—None.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:RESOLUTION NO. 224-96
Section 1. That the said plans,AWARDING CONTRACT
specifications, form of contract and estimatedWhereas, sealed proposals have been
cost are hereby approved as the plans,submitted by contractors for the Phase III
specifications, form of contract and estimatedImprovements, Contract 2-95, pursuant to
cost for said improvements for said project.Resolution No. 173-96 and notice to bidders
Passed, approved and adopted this 17thpublished in a newspaper in the City of
day of June, 1996.
Regular Session, June 17, 1996
Dubuque, Iowa, on the 24th day of May, 1996;Organization") and to retire any existing
andindebtedness on such facility; and
Whereas, said sealed proposals wereWHEREAS, the Issuer has been
opened and read on the 29th day of May,requested by Padre Pio Health Care Center,
1996, and it has been determined that the bidInc. (the "Borrower"), a Tax-Exempt
of Westphal and Company, of Janesville,Organization, to issue its Elderly Care and
Wisconsin, in the amount of $1,679,600 wasHousing Revenue Bonds (Stonehill Care
the lowest bid for the furnishings of all laborCenter Project), in an aggregate principal
and materials and performing the work asamount not to exceed $4,900,000 (the
provided for in the plans and specifications."Bonds") pursuant to the Act for the purpose
NOW THEREFORE, BE IT RESOLVEDof (I) financing a project including
BY THE CITY COUNCIL OF THE CITY OFimprovements to and equipment for the
DUBUQUE, IOWA:Borrower's existing health care facilities
Section 1. That the contract for the abovelocated at 3485 Windsor Avenue, Dubuque
improvement be awarded to Westphal andIowa, and construction of a congregate care
Company, and the City Manager be and isfacility locate don land adjacent to such
hereby directed to execute a contract onfacilities (the "Project"), (ii) to refinance certain
behalf of the City of Dubuque for the completeexisting indebtedness of the Borrower (the
performance of the work."Existing Debt"), (iii) funding a debt service
Section 2. That upon the signing of saidreserve fund for the Bonds, and (iv) paying for
contract and the approval of the contractor'scosts of issuance and certain other costs
bond, the City Treasurer is authorized andassociated with the issuance of the Bonds;
instructed to return the bid deposits of theand
unsuccessful bidders.WHEREAS, it is proposed to finance the
Passed, approved and adopted this 17thforegoing through the issuance of the Bonds
day of June, 1996.and to loan the proceeds from the sale of the
Terrance M. Duggan, MayorBonds to the Borrower under a Loan
ATTEST: Mary A. Davis, City ClerkAgreement between the Issuer and the
Council Member Robbins moved adoptionBorrower, the obligations of which will be
of the Resolution. Seconded by Councilsufficient to pay the principal of, premium, if
Member Nicholson. Carried by the followingany, and interest on the Bonds as and when
vote: Yeas—Mayor Duggan, Council Membersthe same shall be due and payable; and
Buol, Krieg, Michalski, Nicholson, Robbins,WHEREAS, the Bonds, if issued, shall be
Voetberg. Nays—None. special limited obligations of the Issuer, and
shall not constitute nor give rise to a pecuniary
Proof of publication certified to by theliability of the Issuer or a charge against its
Publisher on Notice of Intention to issuegeneral credit or taxing powers, and the
Elderly Care and Housing Revenue Bondsprincipal of the interest and premium, if any,
(Stonehill Care Center Project) in an amounton the Bonds shall be payable solely out of the
not to exceed $4,900.000 and Communicationrevenue derived from the aforementioned Loan
of Attorney David Claypool advising publicAgreement or otherwise as provided therein;
hearing needs to be rescheduled due toand
publication error, presented and read. CouncilWHEREAS, in compliance with the Act
Member Voetberg moved that the proof andand Section 147(f) of the Internal Revenue
communication be received and filed.Code, the City Council scheduled a public
Seconded by Council Member Buol. Carriedhearing on the proposal to issue the Bonds but
by the following vote: Yeas—Mayor Duggan,because of an error in publication of the
Council Members Buol, Krieg, Michalski,notice, it is necessary to set a new hearing
Nicholson, Robbins, Voetberg. Nays—None.date.
NOW, THEREFORE, IT IS RESOLVED
RESOLUTION NO. 225-96by the City Council of the Issuer, as follows:
RESOLUTION RESCHEDULING A PUBLIC
HEARING ON THE PROPOSAL TO ISSUESection 1. This Council shall meet on the
ELDERLY CARE AND HOUSING REVENUE15th day of July 1996, in the Auditorium at the
BONDS (STONEHILL CARE CENTERCarnegie-Stout Public Library, Dubuque, Iowa,
PROJECT) IN AN AGGREGATEat 7:00 o'clock p.m., at which time and place
PRINCIPAL AMOUNT NOT TO EXCEEDany resident or property owner of the Issuer
$4,900,000may present oral or written objections on the
WHEREAS, the City of Dubuque, State ofproposal to issue the Bonds referred to in the
Iowa (the "Issuer") is a City authorized andpreamble hereof.
empowered by the provisions of Chapter 419Section 2. The Clerk is hereby directed to
of the Code of Iowa, 1995, as amended (thegive notice of intention to issue the Bonds,
"Act"), to issue revenue bonds for the purposesetting forth the amount and purpose thereof,
of financing the cost of acquiring, bythe time when and place where the hearing will
construction or purchase, land, buildings,be held, by publication at least once not less
improvements and equipment, or any interestthan fifteen (15) days prior to the date fixed for
therein, suitable for the use of any facility forthe hearing, in a newspaper published and
an organization described in Section 501(c)(3)having a general circulation within the Issuer.
of the Internal Revenue Code (the "Code")The notice shall be in substantially the
which is exempt from federal income tax underfollowing form:
Section 501(a) of the Code (A "Tax-Exempt
Regular Session, June 17, 1996
NOTICE OF INTENTION TO ISSUEvote: Yeas—Mayor Duggan, Council Members
ELDERLY CARE AND HOUSINGBuol, Krieg, Michalski, Nicholson, Robbins,
REVENUE BONDS (STONEHILL CAREVoetberg. Nays—None.
CENTER PROJECT)
The City Council of Dubuque, Iowa, (TheCity Manager requesting direction to begin
"Issuer") will meet on the 15th day of July,proceedings to remove Dubuque Terminals
1996, at 7:00 o'clock p.m., in the Auditorium offrom City property, presented and read.
the Carnegie-Stout Public Library, 360 WestCouncil Member Voetberg moved that the
11th Street, Dubuque, Iowa, for the purpose ofcommunication be received and filed and
conducting a public hearing on the proposal todirected Corporation Counsel Barry Lindahl to
issue Elderly Care and Housing Revenuebegin proceedings to remove Dubuque
Bonds (Stonehill Care Center Project), of theTerminals from City property. Seconded by
Issuer, in an aggregate principal amount not toCouncil Member Krieg. Carried by the
exceed $4,900,000 (the "Bonds"), and to loanfollowing vote: Yeas—Mayor Duggan, Council
said amount to Padre Pio Health Care Center,Members Buol, Krieg, Michalski, Nicholson,
Inc., (the "Borrower"), for the purpose of (I)Robbins, Voetberg. Nays—None.
financing a project including improvements to
and equipment for the Borrower's existingCity Manager recommending approval of
health care facilities located at 3485 Windsor1996/1997 Rental Agreement for the Dubuque
Avenue, Dubuque, Iowa, and construction ofFighting Saints usage of the Five Flags
a congregate care facility located on landCenter, presented and read. Council Member
adjacent to such facilities (the "Project"), (ii) toNicholson moved that the communication be
refinance certain existing indebtedness of thereceived and filed and approved agreement.
Borrower (the "Existing Debt"), (iii) funding aSeconded by Council Member Robbins.
debt service reserve fund for the Bonds, andCarried by the following vote: Yeas—Mayor
(iv) paying for costs of issuance of the Bonds.Duggan, Council Members Buol, Krieg,
The Bonds, when issued, will be limitedMichalski, Nicholson, Robbins, Voetberg.
obligations and will not constitute generalNays—None.
obligations of the Issuer nor will they be
payable in any manner by taxation, but theCity Manager recommending approval of
Bonds will be payable solely and only fromRevised Sidewalk Inspection Policy and
amounts received by the Issuer under a Loanmodifying sidewalk ordinance, presented and
Agreement between the Issuer and theread. Council Member Voetberg moved that
Borrower, the obligations of which will bethe communication be received and filed.
sufficient to pay the principal of and interest,Seconded by Council Member Buol. Carried
and redemption premium, if any, on the Bondsby the following vote: Yeas—Mayor Duggan,
as and when the same shall become due.Council Members Buol, Krieg, Nicholson,
At the time and place, oral or writtenRobbins, Voetberg. Nays—Council Member
objections from any resident or property ownerMichalski.
of the Issuer may be presented. At such
meeting or any adjournment thereof, theAn Ordinance Modifying Sidewalk
Issuer shall adopt a resolution determiningInspection Ordinance by deleting use of the
whether or not to proceed with the issuance ofwork "repair," presented and read.
the Bonds. Written comments may also be
submitted to the Issuer at the Dubuque City(OFFICIAL PUBLICATION)
Hall, 13th and Central Avenue, Dubuque, IowaORDINANCE NO. 35-96
52001. Written comments must be receivedAN ORDINANCE AMENDING THE CITY OF
by the above hearing date.DUBUQUE CODE OF ORDINANCES BY
By order of the City Council of Dubuque,REPEALING SECTION 41-101
Iowa this 17th day of June, 1996.ESTABLISHING THE DUTY OF THE
Mary A. Davis, City ClerkABUTTING PROPERTY OWNER TO
Section 3. All resolutions and parts thereofMAINTAIN SIDEWALKS AND THE
in conflict herewith are hereby repealed to theLIABILITY OF THE OWNER FOR THE
extent of such conflict.FAILURE TO MAINTAIN SUCH
Passed and approved June 17, 1996.SIDEWALKS AND ADOPTING IN LIEU
Terrance M. Duggan, MayorTHEREOF A NEW SECTION 41-101
Attest: Mary A. Davis, City ClerkESTABLISHING THE DUTY OF THE
Council Member Voetberg moved adoptionABUTTING PROPERTY OWNER TO
of the Resolution. Seconded by CouncilMAINTAIN THE PUBLIC SIDEWALKS AND
Member Buol. Carried by the following vote:THE LIABILITY OF THE OWNER FOR
Yeas—Mayor Duggan, Council MembersFAILING TO MAINTAIN SUCH
Buol, Krieg, Michalski, Nicholson, Robbins,SIDEWALKS; BY REPEALING SECTION
Voetberg. Nays—None. 41-102 RELATING TO A NOTICE TO THE
ABUTTING PROPERTY OWNER TO
City Manager advising of the appointmentREPLACE OR RECONSTRUCT THE
of Dan Brown as Fire Chief for the City ofSIDEWALK AND ADOPTING IN LIEU
Dubuque, presented and read. CouncilTHEREOF A NEW SECTION 41-102
Member Buol moved that the communicationPROVIDING FOR NOTICE TO THE
be received and filed and concurred with theABUTTING PROPERTY OWNER TO
Fire Chief appointment. Seconded by CouncilREPLACE OR RECONSTRUCT THE
Member Voetberg. Carried by the followingSIDEWALK; BY REPEALING SECTION 41-
Regular Session, June 17, 1996
103 PROVIDING FOR THE COLLECTIONSec. 41-103. Collection of costs of
OF COSTS FOR THE REPLACEMENT,replacement, reconstruction or temporary
RECONSTRUCTION OR TEMPORARYrepair by the City.
REPAIR OF SIDEWALKS AND ADOPTINGIf the abutting property owner who has been
IN LIEU THEREOF A NEW SECTION 41-notified pursuant to Section 41-102 to replace,
103 PROVIDING FOR THE COLLECTIONreconstruct or temporarily repair the sidewalk
OF COSTS FOR THE REPLACEMENT,shall fail to replace, reconstruct, or temporarily
RECONSTRUCTION OR TEMPORARYrepair such sidewalk within thirty (30) days
REPAIR OF SIDEWALKS BY THE CITY;after the mailing of such notice, the City
REPEALING SECTION 41-104 PROVIDINGManager may cause the required action to be
FOR THE PAYMENT OF THEperformed and assess the costs against the
ASSESSMENT OF COSTS INabutting property for collection in the same
INSTALLMENTS AND ADOPTING IN LIEUmanner as a property tax..
THEREOF A NEW SECTION 41-104Section 4. That the City of Dubuque Code
PROVIDING FOR THE ASSESSMENT OFof Ordinances be amended by repealing
COSTS IN INSTALLMENTS; AND BYSection 41-104 and adopting in lieu thereof a
REPEALING SECTION 41-106 REQUIRINGnew Section 41-104 as follows:
THE CITY MANAGER TO DEVELOP ASec. 41-104. Installments
SIDEWALK INSPECTION POLICY ANDIf any amount assessed against property
ADOPTING A NEW SECTION 41-106under Section 41-103 exceeds one hundred
REQUIRING THE CITY MANAGER TOdollars($100.00), the assessment may be paid
DEVELOP A WRITTEN SIDEWALKin ten (10) annual installments, in the same
INSPECTION POLICY.manner and with the same interest rates as
NOW THEREFORE, BE IT ORDAINEDprovided for assessments against benefitted
BY THE CITY COUNCIL OF THE CITY OFproperty under Iowa Code Chapter 384,
DUBUQUE, IOWA:Division IV.
Section 1. That the City of Dubuque CodeSection 5. That the City of Dubuque Code
of Ordinances be amended by repealingof Ordinances be amended by repealing
Section 41-101 and adopting in lieu thereof aSection 41-106 and adopting in lieu thereof a
new Section 41-101 as follows:new Section 41-106 thereof as follows:
Sec. 41-101. Duty of owner to maintain;The City Manager shall develop, with the
liability for failure to maintain.approval of the City Council, a written sidewalk
The owner of any lot or parcel thereofinspection policy which shall govern the
abutting upon any sidewalk on the city streetsreplacement, reconstruction or temporary
in the City shall maintain said sidewalk freerepair of sidewalks.
from cracks, holes and unevenness so thatPassed, approved and adopted this 17th
the sidewalk does not constitute a safetyday of June, 1996.
hazard, and such conditions are herebyTerrance M. Duggan, Mayor
declared a public nuisance. The owner of anyAttest: Mary A. Davis, City Clerk
lot or parcel who fails to so maintain saidPublished officially in the Telegraph Herald
sidewalk shall be liable to any person injured
newspaper this 21st day of June, 1996.
as a result of such failure to maintain said
1t 6/21 Mary A. Davis CMC, City Clerk
sidewalk and shall further save, defend,
Council Member Voetberg moved that the
indemnify and hold harmless the City of
requirement that a proposed Ordinance be
Dubuque from and against any claim arising
considered and voted on for passage at two
out of a failure to maintain said sidewalk.
Council Meetings prior to the meeting at which
Section 2. That the City of Dubuque Code
it is to be finally passed be suspended.
of Ordinances be amended by repealing
Seconded by Council Member Buol. Carried
Section 41-102 and adopting in lieu thereof a
by the following vote: Yeas—Mayor Duggan,
new Section 41-102 as follows:
Council Members Buol, Krieg, Nicholson,
Sec. 41.102. Notice to replace or
Robbins, Voetberg. Nays—Council Member
reconstruct.
Michalski. Council Member Voetberg moved
Whenever the City Manager shall determine
final consideration and passage of the
that the conditions of any sidewalk asOrdinance. Seconded by Council Member
described in Section 41-101 exists, the CityBuol. Carried by the following vote:
Manager shall service notice by certified mailYeas—Mayor Duggan, Council Members
on the abutting property owner, as shown byBuol, Krieg, Nicholson, Robbins, Voetberg.
the records of the County Auditor, requiringNays—Council Member Michalski.
the abutting property owner to replace or
reconstruct the sidewalk.City Manager recommending approval of
If the City Manager determines that thelighting project for Eagle Point Water Tank,
replacement or reconstruction of the sidewalkpresented and read. Council Member Buol
is not practicable because of circumstancesmoved that the communication be received
beyond the control of the abutting propertyand filed and approved recommendation.
owner, the City Manager may allow or require
Seconded by Council Member Voetberg.
a temporary repair of the sidewalk until such
Carried by the following vote: Yeas—Mayor
circumstances no longer exist.
Duggan, Council Members Buol, Krieg,
Section 3. That the City of Dubuque Code
Michalski, Nicholson, Robbins, Voetberg.
of Ordinances be amended by repealing
Nays—None.
Section 41-103 and adopting in lieu thereof a
Zoning Advisory Commission advising of
new Section 41-103 as follows:
their approval to rezone property on Cedar
Regular Session, June 17, 1996
Cross Place (adjacent to Amoco Station) fromBuol, Krieg, Michalski, Nicholson, Robbins,
R-3 to C-2 Shopping Center District,Voetberg. Nays—None.
presented and read. Council Member
Michalski moved that the communication beZoning Advisory Commission advising of
received and filed. Seconded by Counciltheir approval to rezone property on south side
Member Buol. Carried by the following vote:of NW Arterial west of JFK Rd., presented
Yeas—Council Members Buol, Krieg,and read. Council Member Voetberg moved
Michalski, Nicholson, Robbins, Voetberg.that the communication be received and filed.
Nays—None. Abstain—Mayor Duggan.Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
An Ordinance Amending Zoning Map byDuggan, Council Members Buol, Krieg,
reclassifying property located on Cedar CrossMichalski, Nicholson, Robbins, Voetberg.
Place from R-3 Moderate Density Multi-FamilyNays—None.
Residential District to C-2 Neighborhood
Shopping Center District, presented and read.An Ordinance Amending Zoning Map
Council Member Michalski moved that thereclassifying property located on South side of
requirement that a proposed Ordinance bethe Northwest Arterial west of John F.
considered and voted on for passage at twoKennedy Road from AG Agricultural District to
Council Meetings prior to the meeting at whichC-3 General Commercial District, presented
it is to be finally passed be suspended.and read. Council Member Voetberg moved
Seconded by Council Member Buol. Carriedthat the requirement that a proposed
by the following vote: Yeas—CouncilOrdinance be considered and voted on for
Members Buol, Krieg, Michalski, Nicholson,passage at two Council Meetings prior to the
Robbins, Voetberg. Nays—None.meeting at which it is to be finally passed be
Abstain—Mayor Duggan. Council Membersuspended. Seconded by Council Member
Michalski moved that a Public Hearing be heldNicholson. Carried by the following vote:
on the proposed Ordinance on the 1st day ofYeas—Mayor Duggan, Council Members
July, 1996, at 7:00 o'clock p.m. at the PublicBuol, Krieg, Michalski, Nicholson, Robbins,
Library Auditorium and that the City Clerk beVoetberg. Nays—None. Council Member
directed to publish notice in the mannerVoetberg moved that a Public Hearing be held
prescribed by law. Seconded by Councilon the proposed Ordinance on the 1st day of
Member Buol. Carried by the following vote:July, 1996, at 7:00 o'clock p.m. at the Public
Yeas—Council Members Buol, Krieg,Library Auditorium and that the City Clerk be
Michalski, Nicholson, Robbins, Voetberg.directed to publish notice in the manner
Nays—None. Abstain—Mayor Duggan.prescribed by law. Seconded by Council
Member Nicholson. Carried by the following
Zoning Advisory Commission advising ofvote: Yeas—Mayor Duggan, Council Members
their approval to amend the ConceptualBuol, Krieg, Michalski, Nicholson, Robbins,
Development Plan located at Padre Pio DriveVoetberg. Nays—None.
(West of Alverno Apartments), presented and
read. Council Member Voetberg moved thatCity Manager submitting documents
the communication be received and filed.providing for bidding process regarding
Seconded by Council Member Nicholson.Asbury Road Reconstruction Project - Asbury
Carried by the following vote: Yeas—MayorCity Limits to the Northwest Arterial, presented
Duggan, Council Members Buol, Krieg,and read. Council Member Nicholson moved
Michalski, Nicholson, Robbins, Voetberg.that the communication be received and filed.
Nays—None. Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
An Ordinance Amending Zoning Map byDuggan, Council Members Buol, Krieg,
amending the PR Planned Residential DistrictMichalski, Nicholson, Robbins, Voetberg.
and Conceptual Development Plan forNays—None.
property located at Padre Pio Drive, presented
and read. Council Member Voetberg movedRESOLUTION NO. 226-96
that the requirement that a proposedPRELIMINARY APPROVAL OF
Ordinance be considered and voted on forPLANS AND SPECIFICATIONS
passage at two Council Meetings prior to theNOW THEREFORE, BE IT RESOLVED
meeting at which it is to be finally passed beBY THE CITY COUNCIL OF THE CITY OF
suspended. Seconded by Council MemberDUBUQUE, IOWA:
Nicholson. Carried by the following vote:That the proposed plans, specifications,
Yeas—Mayor Duggan, Council Membersform of contract and estimated cost for the
Buol, Krieg, Michalski, Nicholson, Robbins,Asbury Road Reconstruction Project - Asbury
Voetberg. Nays—None. Council MemberCity Limits to the Northwest Arterial, in the
Voetberg moved that a Public Hearing be heldestimated amount of $520,402.03, are hereby
on the proposed Ordinance on the 1st day ofapproved and ordered filed in the office of the
July, 1996, at 7:00 o'clock p.m. at the PublicCity Clerk for public inspection.
Library Auditorium and that the City Clerk bePassed, adopted and approved this 17th
directed to publish notice in the mannerday of June, 1996.
prescribed by law. Seconded by CouncilTerrance M. Duggan, Mayor
Member Nicholson. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersAttest: Mary A. Davis, City Clerk
Regular Session, June 17, 1996
Council Member Nicholson moved adoptionon file with the City Clerk objections to the
of the Resolution.. Seconded by Councilresolution of necessity, they shall be deemed
Member Robbins. Carried by the followingto have waived all objections pertaining to the
vote: Yeas—Mayor Duggan, Council Membersregularity of the proceeding and the legality of
Buol, Krieg, Michalski, Nicholson, Robbins,using the special assessment procedure.
Voetberg. Nays—None. Said improvements shall be constructed
and done in accordance with the plans and
RESOLUTION NO. 227-96specifications which have been approved by
FIXING DATE OF HEARING ONthe City Council and now on file with the City
PLANS 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 Asbury RoadThe portion of the cost which shall be
Reconstruction Project - Asbury City Limits toborne by the City will be paid from the Street
the Northwest Arterial.Construction Fund, and special assessment
NOW THEREFORE, BE IT RESOLVEDbonds may be issued in anticipation of
BY THE CITY COUNCIL OF THE CITY OFdeferred payments of assessments when a
DUBUQUE, IOWA:contract has been performed and accepted,
That on the 15th day of July, 1996, a publicand the proceeds thereof used to pay the
hearing will be held at 7:00 p.m. in the Publiccontractor.
Library Auditorium at which time interestedThe above resolution was introduced,
persons may appear and be heard for orapproved and ordered placed on file with the
against the proposed plans and specifications,City Clerk this 17th day of June, 1996.
form of contract and cost of said improvement,Terrance M. Duggan, Mayor
and the City Clerk be and is hereby directed toAttest: Mary A. Davis, City Clerk
cause a notice of time and place of suchCouncil Member Nicholson moved adoption
hearing to be published in a newspaper havingof the Resolution. Seconded by Council
general circulation in the City of Dubuque,Member Robbins. Carried by the following
Iowa, which notice shall be not less than fourvote: Yeas—Mayor Duggan, Council Members
days nor more than twenty days prior to theBuol, Krieg, Michalski, Nicholson, Robbins,
day fixed for its consideration. At the hearing,Voetberg. Nays—None.
any interested person may appear and file
objections to the proposed plans,RESOLUTION NO. 229-96
specifications, contract, or estimated cost ofFIXING DATE OF HEARING
the improvement.ON RESOLUTION OF NECESSITY
Passed, adopted and approved this 17thWhereas, the City Council of the City of
day of June, 1996.Dubuque, Iowa, has given its preliminary
Terrance M. Duggan, Mayorapproval on the proposed plans, specifications
Attest: Mary A. Davis, City Clerkand form of contract and placed same on file
Council Member Nicholson moved adoptionin the office of the City Clerk for public
of the Resolution. Seconded by Councilinspection, for the Asbury Road
Member Robbins. Carried by the followingReconstruction Project - Asbury City Limits to
vote: Yeas—Mayor Duggan, Council Membersthe Northwest Arterial, and,
Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, the proposed Resolution of
Voetberg. Nays—None. Necessity for said improvement has been
introduced and is now on file in the City
RESOLUTION NO. 228-96Clerk's office for public inspection.
RESOLUTION OF NECESSITYNOW THEREFORE, BE IT RESOLVED
Whereas, proposed plans have been dulyBY THE CITY COUNCIL OF THE CITY OF
prepared and approved by the City Council ofDUBUQUE, IOWA:
the City of Dubuque and are now on file in theThat on the 15th day of July, 1996, a public
office of City Clerk showing among otherhearing will be held at 7:00 o'clock p.m. in the
things the plans, specifications, form ofPublic Library Auditorium in the City of
contract, estimated cost and preliminary platDubuque at which time the owners of property
and schedule showing the amount proposedsubject to assessment for the proposed
to be assessed against each lot and theimprovement or any other person having an
valuation of each lot as filed by the Cityinterest in the matter may appear and be heard
Council, for the Asbury Road Reconstructionfor or against the making of the improvement,
Project - Asbury City Limits to the Northwestthe boundaries of the district, the cost, the
Arterial.assessment against any lot, or the final
NOW THEREFORE, BE IT RESOLVEDadoption of a resolution of necessity and the
BY THE CITY COUNCIL OF THE CITY OFCity Clerk be and is hereby authorized and
DUBUQUE, IOWA:directed to cause a notice of time and place of
That the City Council deems it advisablesuch hearing to be published in a newspaper
and necessary for the public welfare to makehaving general circulation in the City of
the herein mentioned improvements, andDubuque, Iowa, which notice shall be
unless property owners at the time of the finalpublished once each week for two consecutive
consideration of this proposed resolution haveweeks, the first publication of which shall be
Regular Session, June 17, 1996
not less than ten days prior to the day fixed forand the same is hereby approved, and the
its consideration. Unless property owners atMayor and City Clerk be and they are hereby
the time of the final consideration of thisauthorized and directed to execute said plat for
proposed resolution have on file with the Cityand on behalf of the City of Dubuque, Iowa.
Clerk objections to the Resolution of NecessitySection 2. That the City Clerk be and is
they shall be deemed to have waived allhereby authorized and directed to file said plat
objections thereto.and certified copy of this resolution in the
Passed, adopted and approved this 17thoffice of the Recorder, in and for Dubuque
day of June, 1996.County, Iowa.
Terrance M. Duggan, MayorPassed, approved and adopted this 17th
Attest: Mary A. Davis, City Clerkday of June, 1996.
Council Member Nicholson moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk
Member Robbins. Carried by the followingCouncil Member Nicholson moved adoption
vote: Yeas—Mayor Duggan, Council Membersof the Resolution. Seconded by Council
Buol, Krieg, Michalski, Nicholson, Robbins,Member Voetberg. Carried by the following
Voetberg. Nays—None. vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
RESOLUTION NO. 230-96Voetberg. Nays—None.
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTSAn Ordinance Vacating portion of Asbury
NOW THEREFORE, BE IT RESOLVEDRoad located West of Northwest Arterial to be
BY THE CITY COUNCIL OF THE CITY OFknown as Lots 2A and 2B in NE 1/4 of NE 1/4
DUBUQUE, IOWA:Sec. 20 T89N, R2E, 5th PM, presented and
That the attached sheets, 1 to 1 inclusive,read.
are hereby determined to be the schedule of
proposed assessments for the Asbury Road(OFFICIAL PUBLICATION)
Reconstruction Project - Asbury City Limits toORDINANCE NO. 36-96
the Northwest Arterial and the valuations setORDINANCE VACATING A PORTION OF
out herein are hereby approved.ASBURY ROAD WEST OF THE
Passed, approved and adopted this 17thNORTHWEST ARTERIAL
day of June, 1996.Whereas, QHQ Properties has requested
Terrance M. Duggan, Mayorthe vacating of a portion of Asbury Road West
Attest: Mary A. Davis. City Clerkof the Northwest Arterial;
Council Member Nicholson moved adoptionWhereas, the City of Dubuque has
of the Resolution. Seconded by Councilprepared and submitted to the City Council a
Member Robbins. Carried by the followingplat showing the vacated portion of Asbury
vote: Yeas—Mayor Duggan, Council MembersRoad and assigned lot numbers thereof, which
Buol, Krieg, Michalski, Nicholson, Robbins,hereinafter shall be known and described as
Voetberg. Nays—None. Lot 2 A and Lot 2B in the NE 1/4 of the NE 1/4
of Section 20, T89N, R2E, 5th P.M., in the
City Manager recommending to vacateCity of Dubuque, Dubuque County, Iowa; and
portion of Asbury Road and dispose ofWhereas the City Council of the City of
property to QHQ Properties, presented andDubuque, Iowa has determined that this
read. Council Member Nicholson moved thatportion of Asbury Road is no longer required
the communication be received and filed.for public use, and vacating of said portion of
Seconded by Council Member Voetberg.Asbury Road known as Lot 2A and 2B in the
Carried by the following vote: Yeas—MayorNE 1/4 of the NE 1/4 of Section 20, T89N,
Duggan, Council Members Buol, Krieg,R2E, 5th P.M., in the City of Dubuque,
Michalski, Nicholson, Robbins, Voetberg.Dubuque County, Iowa, should be approved.
Nays—None. NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 231-96DUBUQUE, IOWA:
RESOLUTION APPROVING PLAT OFSection 1. That the real estate described as
PROPOSED VACATED PORTION OFLot 2A and Lot 2B in the NE 1/4 of the NE 1/4
ASBURY ROAD WEST OF THEof Section 20, T89N, R2E, 5th P.M., in the city
NORTHWEST ARTERIALof Dubuque, Iowa, be and the same is hereby
Whereas, there has been presented to thevacated.
City Council of the City of Dubuque, Iowa, aPassed, approved and adopted this 17th
plat dated May 28, 1996, prepared by the Cityday of May, 1996.
of Dubuque, Dubuque, Iowa, describing theTerrance M. Duggan, Mayor
proposed vacated portion of Asbury RoadAttest: Mary A. Davis, City Clerk
west of the Northwest Arterial; andPublished officially in the Telegraph Herald
Whereas, said plat conforms to the lawsnewspaper this 21st day of June, 1996.
and statutes pertaining thereto.
1t 6/21Mary A. Davis CMC, City Clerk
NOW THEREFORE, BE IT RESOLVED
Council Member Nicholson moved that the
BY THE CITY COUNCIL OF THE CITY OF
requirement that a proposed Ordinance be
DUBUQUE, IOWA:
considered and voted on for passage at two
Section 1. That the plat dated May 28,
Council Meetings prior to the meeting at which
1996 prepared by the City of Dubuque, relative
it is to be finally passed be suspended.
to the real estate hereinabove described be
Seconded by Council Member Voetberg.
Regular Session, June 17, 1996
Carried by the following vote: Yeas—MayorMichalski moved that the communication be
Duggan, Council Members Buol, Krieg,received and filed and set Public Hearing for
Michalski, Nicholson, Robbins, Voetberg.July 1, 1996 at 7:00 p.m. in the Public Library
Nays—None. Council Member NicholsonAuditorium and that the City Clerk publish
moved final consideration and passage of thenotice in the manner prescribed by law.
Ordinance. Seconded by Council MemberSeconded by Council Member Voetberg.
Voetberg. Carried by the following vote:Carried by the following vote: Yeas—Mayor
Yeas—Mayor Duggan, Council MembersDuggan, Council Members Buol, Krieg,
Buol, Krieg, Michalski, Nicholson, Robbins,Michalski, Nicholson, Robbins, Voetberg.
Voetberg. Nays—None. Nays—None.
RESOLUTION NO. 232-96Andrea Shickles spoke on behalf of the
RESOLUTION DISPOSING OF CITYWashington Neighborhood Council requesting
INTEREST IN LOT 2A AND LOT 2B IN THEthat the Cp2 grant monies be issued to the
NE 1/4 OF THE NE 1/4 OF SECTION 20,Washington Street Council.
T89N, R2E, 5th P.M. IN THE CITY OF DU-
BUQUE, IOWAThere being no further business, Council
Whereas, QHQ Properties has requestedMember Voetberg moved to adjourn the
the vacating of a portion of Asbury Road westmeeting. Seconded by Council Member
of the Northwest Arterial; andMichalski. Carried by the following vote:
Whereas, the City of Dubuque, Iowa hasYeas—Mayor Duggan, Council Members
prepared and submitted to the City Council aBuol, Krieg, Michalski, Nicholson, Robbins,
plat showing the vacated portion of AsburyVoetberg. Nays—None. The meeting
Road and assigned lot numbers thereto, whichadjourned at 8:40 p.m.
hereinafter shall be known and described as
Lot 2A and Lot 2B in the NE 1/4 of the NE 1/4Mary A. Davis CMC
of Section 20, T89N, R2E, 5th P.M. in the CityCity Clerk
of Dubuque, Iowa; and
Whereas, the City Council of the City ofApproved ,1997
Dubuque, Iowa has determined that this
portion of Asbury Road is no longer requiredAdopted , 1997
for public use, and vacating and sale of said
portion of Asbury Road known as Lot 2A and
Lot 2B in the NE 1/4 of the NE 1/4 of Section
20, T89N, R2E, 5th P.M., in the City ofMayor
Dubuque, Dubuque County, 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 2A and
Lot 2B in the NE 1/4 of the NE 1/4 of Section
20, T89N, R2E, 5th P.M. in the City of
Dubuque, Iowa.
Section 2. That the conveyance of Lot 2A
and Lot 2B in the NE 1/4 of the NE 1/4 of
Section 20, T89N, R2E, 5th P.M., in the CityCouncil Members
of Dubuque, Iowa to QHQ Properties beAttest:
contingent upon the payment of $1.00 plus
publication and filing fees.
Section 3. That the City Clerk be and isCity Clerk
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 17th
day of June, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
City Manager requesting public hearing be
set regarding Finley Hospital's lease for
property known as "Cancer Survivor's Park,"
presented and read. Council Member
Special Session, June 25, 1996
Section 1. That the Mayor and Corporation
DUBUQUE
counsel be and they are hereby authorized
and directed to endorse, on behalf of the City
Council of the City of Dubuque, Iowa, the
CITY COUNCIL
attached CEBA Float Loan Agreement.
Section 2. That the City Manager be and he
is hereby authorized to disburse loan funds to
OFFICIAL
FDL Acquisition, Inc. from the CEBA program
PROCEEDINGS
in accordance with the terms and conditions of
the executed Agreement.
Passed, approved and adopted this 25th
City Council, Special Session, Tuesday,
day of June, 1996.
June 25, 1996.
Terrance M. Duggan, Mayor
Council met at 4:30 p.m., Public Library
Attest: Mary A. Davis, City Clerk
Auditorium.
Council Member Voetberg moved adoption,
Present: Mayor Duggan, Council Members
as amended, of the Resolution. Seconded by
Buol, Krieg, Michalski, Nicholson, Robbins,
Council Member Nicholson. Carried by the
Voetberg, City Manager Michael Van Milligen,
following vote: Yeas—Mayor Duggan, Council
Corporation Counsel Barry Lindahl.
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
RESOLUTION NO. 234-96
for the purpose to consider documents related
RESOLUTION ACCEPTING A DEED FOR
to the merger of FDL Foods, Inc. with FDL
CERTAIN REAL ESTATE FROM FDL
Acquisition, Inc.
FOODS, INC.
Whereas, FDL Foods, Inc., an Iowa
City Manager recommending approval of
corporation, is the owner of the following-
documents related to the merger of FDL
described real estate located in the City of
Foods, Inc. with FDL Acquisition, Inc.,
Dubuque, Dubuque County, Iowa;
presented and read. Council Member
Lot 1, in Block 2, of Dubuque Packing
Voetberg moved that the communication be
Company Addition;
received and filed. Seconded by Council
Lots 444, 445, 446, 447, 448, 471, 472,
Member Nicholson. Carried by the following
473 in East Dubuque No. 2; and
vote: Yeas—Mayor Duggan, Council Members
Lot 4 of FDL First Addition;
Buol, Krieg, Michalski, Nicholson, Robbins,
all in the City of Dubuque, Iowa, EXCEPT
Voetberg. Nays—None.
the portion of the aforesaid real estate,
conveyed to the State of Iowa, Instruments
RESOLUTION NO. 233-96
No. 8797-87, 3971-89, 3972-89, and 1410-90,
A RESOLUTION AUTHORIZING THE
records of Dubuque County, Iowa; according
EXECUTION OF A COMMUNITY
to the respective recorded Plats thereof.
ECONOMIC BETTERMENT ACCOUNT
WHEREAS, FDL Foods, Inc. has delivered
FLOAT LOAN AGREEMENT FOR FIVE
to the City of Dubuque a Deed for the
MILLION DOLLARS ($5,000,000) WITH THE
foregoing-described real estate, copy of which
IOWA DEPARTMENT OF ECONOMIC
is attached hereto; and
DEVELOPMENT AND FDL ACQUISITION,
WHEREAS, the City Council of the City of
INC.
Dubuque has determined that it is in the best
Whereas, the Community Economic
interests of the City to accept such property,
Betterment Account (CEBA) program has
subject to the consummation of the proposed
been created by the Iowa Department of
merger between FDL Foods, Inc. and a
Economic Development to assist in the
subsidiary of Farmland Foods, Inc., on July 1,
economic development efforts of local
1996.
jurisdictions; and
NOW, THEREFORE, BE IT RESOLVED
Whereas, on April 18, 1996 the City of
BY THE CITY COUNCIL OF THE CITY OF
Dubuque, Iowa was awarded a five million
DUBUQUE, IOWA:
dollar ($5,000,000) float loan from the CEBA
Section 1. That the City of Dubuque, Iowa,
program by the Iowa Department of Economic
hereby accepts the Deed to the foregoing-
Development; and
described real property from FDL Foods, Inc.,
Whereas, the City of Dubuque, Iowa desire
subject to the consummation of the proposed
to assist FDL Acquisition, Inc. in its efforts to
merger between FDL Foods, Inc. and a
purchase FDL Foods, Inc., to renovate and
subsidiary of Farmland Foods, Inc. on July 1,
retool the facility and to create new permanent
1996.
employment opportunities for local citizens;
Section 2. The City Clerk is hereby
Whereas, a CEBA Float Loan Agreement
authorized and directed to record a certified
is to be executed between the Iowa
copy of this Resolution and the Deed in the
Department of Economic Development, FDL
offices of the City Assessor, Dubuque County
Acquisition, Inc. and the City of Dubuque,
Recorder, and the Dubuque County Auditor.
Iowa, hereto attached and by this reference
Passed, approved and adopted this 25th
made part hereof.
day of June, 1996.
NOW, THEREFORE, BE IT RESOLVED
Terrance M. Duggan, Mayor
BY THE CITY COUNCIL OF THE CITY OF
Attest: Mary A. Davis, City Clerk
DUBUQUE, IOWA:
Special Session, June 25, 1996
Council Member Voetberg moved adoptionWhereas, Farmland Foods, Inc. and FDL
of the Resolution. Seconded by CouncilAcquisition, Inc. have entered into an
Member Nicholson. Carried by the followingAgreement and Plan of Merger with FDL
vote: Yeas—Mayor Duggan, Council MembersFoods, Inc.; and
Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, due to Farmland Foods concerns
Voetberg. Nays—None. with respect to existing environmental
conditions, the City of Dubuque, Iowa has
RESOLUTION NO. 235-96 agreed to purchase from FDL Foods 16 acres
RESOLUTION OF INTENT TO DISPOSE OFof property; and
AN INTEREST IN REAL PROPERTY BYWhereas, the City of Dubuque, Iowa
LEASE TO FDL FOODS, INC.wishes to purchase the property and develop
Whereas, FDL Foods, Inc., an Iowathem for its own purposes, and has had an
Corporation, is the owner of the followingopportunity to fully investigate their conditions;
described real estate located in the city ofand
Dubuque, Dubuque County, Iowa, hereinafterWhereas, the City of Dubuque, Iowa
referred to as the Parking Lot:intends to assume all responsibility for and
Lot 1, in Block 2 of Dubuque Packingobligations with respect to the property under
Company addition;applicable environmental laws; and
Lots 444, 445, 446, 447, 448, 471, 472,Whereas, in order to induce Farmland
473 in East Dubuque No. 2;Foods, Inc., FDL Acquisition, Inc. and FDL
all in the City of Dubuque, Iowa, EXCEPTFoods, Inc. to enter into the Merger
the portion of the aforesaid real estate,Agreement, the City of Dubuque, Iowa has
conveyed to the State of Iowa, instrumentsagreed to enter into this Agreement and has
No. 8797-87, 3971-89, 3972-89 and 1410-determined that this Agreement is necessary
90, records of Dubuque County, Iowa;to assure that jobs are maintained or created
according to the respective recorded platsby Farmland Foods, Inc. which will provide
thereof.economic growth and development for the
Whereas, FDL Foods, Inc., has agreed tobenefit and welfare of the City.
convey the Parking Lot to the City of DubuqueNOW, THEREFORE, BE IT RESOLVED
in consideration for the sum of Ten DollarsBY THE CITY COUNCIL OF THE CITY OF
($10.00) and other good and valuableDUBUQUE, IOWA:
considerations; andSection 1. The Environmental
Whereas, the City of Dubuque intends toIndemnification Agreement between the City of
lease the Parking Lot to FDL Foods, In., anDubuque, Iowa, Farmland Foods, Inc., FDL
Iowa Corporation, pursuant to a proposedFoods, Inc. and FDL Acquisition, Inc., hereto
Lease, a copy of which is now on file at theattached and by this reference made a part
office of the City Clerk.hereof, is hereby approved.
NOW, THEREFORE, BE IT RESOLVEDSection 2. The Mayor is hereby authorized
BY THE CITY COUNCIL OF THE CITY OFand directed to endorse, on behalf of the City
DUBUQUE, IOWA:Council of the City of Dubuque, Iowa, the
Section 1. The City of Dubuque, Iowa,attached Environmental Indemnification
intends to dispose of its interest in theAgreement.
foregoing described real property by Lease toPassed, approved and adopted this 25th
FDL Foods, Inc.day of June, 1996.
Section 2. The City Clerk is herebyTerrance M. Duggan, Mayor
authorized and directed to cause a notice to beAttest: Mary A. Davis, City Clerk
published as prescribed by Iowa Code SectionCouncil Member Voetberg moved adoption
364.7 of a public hearing on the City's intent toof the Resolution. Seconded by Council
dispose of the foregoing-described realMember Nicholson. Carried by the following
property, to be held on the 1st day of July,vote: Yeas—Mayor Duggan, Council
1996, at 7:00 p.m. at the Carnegie StoutMembers Buol, Krieg, Michalski, Nicholson,
Public Library Auditorium, 11th & Locust,Robbins, Voetberg. Nays—None.
Dubuque, Iowa.
Passed, approved and adopted this 25thRESOLUTION NO. 237-96
day of June, 1996.A RESOLUTION APPROVING AN
Terrance M. Duggan, MayorINDEMNIFICATION AGREEMENT BY THE
Attest: Mary A. Davis, City ClerkCITY OF DUBUQUE, IOWA IN FAVOR OF
Council Member Voetberg moved adoptionFARMLAND FOODS, INC., FDL FOODS,
of the Resolution. Seconded by CouncilINC. AND FDL ACQUISITION, INC.
Member Nicholson. Carried by the followingWhereas, FDL Foods, Inc. is a party to a
vote: Yeas—Mayor Duggan, Councillawsuit pending in United States District court
Members Buol, Krieg, Michalski, Nicholson,for the Northern District of Iowa entitled IBP,
Robbins, Voetberg. Nays—None. Inc., Plaintiff v. FDL Foods, Inc., Defendant,
and City of Dubuque, Intervenor; and,
RESOLUTION NO. 236-96Whereas, the Court rendered an Opinion
A RESOLUTION APPROVING ANand Order on Count I of the IBP lawsuit in
ENVIRONMENTAL INDEMNIFICATIONfavor of FDL on April 1, 1996, although other
AGREEMENT BY THE CITY OF DUBUQUE,claims by IBP remain unresolved; and
IOWA IN FAVOR OF FARMLAND FOODS,Whereas, in reliance on such Opinion and
INC., FDL FOODS, INC. AND FDLOrder, Farmland Foods, Inc., and FDL
ACQUISITION, INC.Acquisition, Inc. have entered into an
Special Session, June 25, 1996
Agreement and Plan of Merger with FDLindemnification by the City of Farmland Foods,
Foods, Inc; andInc., FDL Acquisition, Inc. and certain other
Whereas, in order to induce Farmlandpersons against liability arising from the IBP
Foods, Inc., FDL Acquisition, Inc. and FDLlawsuit; and
Foods, Inc. to enter into the MergerWhereas, in connection with the Merger
Agreement, the City of Dubuque, Iowa hasAgreement and the Indemnification
agreed to enter into an IndemnificationAgreement, the Shareholders' Representative
Agreement and has determined that thehas agreed to enter into an Escrow Agreement
Indemnification Agreement is necessary toto reimburse the City (and in certain
assure that jobs are maintained or created bycircumstances, Farmland Foods, Inc.) out of
Farmland Foods, Inc. which will providethe funds deposited from the sale proceeds
economic growth and development for thefor a portion of the liabilities that the City may
benefit and welfare of the City.be required to pay pursuant to the
NOW, THEREFORE, BE IT RESOLVEDIndemnification Agreement.
BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF
Section 1. The Indemnification AgreementDUBUQUE, IOWA:
between the City of Dubuque, Iowa, FarmlandSection 1. The Escrow Agreement between
Foods, Inc., FDL Foods, Inc. and FDLthe City of Dubuque, Iowa, Farmland Foods,
Acquisition, Inc., hereto attached and by thisInc., Robert H. Wahlert as Shareholders'
reference made a part hereof, is herebyRepresentative and Mercantile Bank of
approved.Dubuque, hereto attached and by this
Section 2. The Mayor is hereby authorizedreferenced made a part hereof, is hereby
and directed to endorse, on behalf of the Cityapproved.
Council of the City of Dubuque, Iowa, theSection 2. The Mayor is hereby authorized
attached Indemnification Agreement.and directed to endorse, on behalf of the City
Passed, approved and adopted this 25thCouncil of the City of Dubuque, Iowa, the
day of June, 1996.attached Escrow Agreement.
Terrance M. Duggan, MayorPassed, approved and adopted this 25th
Attest: Mary A. Davis, City Clerkday of June, 1996.
Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor
of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk
Member Nicholson. Carried by the followingCouncil Member Voetberg moved adoption
vote: Yeas—Mayor Duggan, Councilof the Resolution. Seconded by Council
Members Buol, Krieg, Michalski, Nicholson,Member Nicholson. Carried by the following
Robbins, Voetberg. Nays—None. vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
RESOLUTION NO. 238-96Robbins, Voetberg. Nays—None.
A RESOLUTION APPROVING AN ESCROW
AGREEMENT AMONG THE CITY OFRESOLUTION NO. 239-96
DUBUQUE, IOWA, FARMLAND FOODS,A RESOLUTION APPROVING A
INC., ROBERT H. WAHLERT ASCOMMITMENT LETTER FOR AND
SHAREHOLDERS' REPRESENTATIVEAUTHORIZING THE EXECUTION OF A
AND MERCANTILE BANK OF DUBUQUE.COMMUNITY DEVELOPMENT BLOCK
Whereas, FDL Foods, Inc. is a party to aGRANT LOAN OF ONE MILLION DOLLARS
lawsuit pending in United States District Court($1,000,000) TO FARMLAND FOODS, INC.
for the Northern District of Iowa entitled IBP,Whereas, under provisions of Title I of the
Inc., Plaintiff v. FDL Foods, Inc., Defendant,Housing and Community Development Act of
and City of Dubuque, Intervenor; and,1974, as amended, the City of Dubuque has
Whereas, the Court rendered an Opinionreceived Community Development Block
and Order on Count I of the IBP lawsuit inGrant (CDBG) Funds for the purpose of
favor of FDL on April 1, 1996, although otherstimulating economic development activities
claims by IBP remain unresolved; andwithin the community; and
Whereas, in reliance on such Opinion andWhereas, the City of Dubuque, Iowa
Order, Farmland Foods, Inc., and FDLdesires to assist the renovation and retooling
Acquisition, Inc. have entered into anof the FDL Foods, Inc. plant by Farmland
Agreement and Plan of Merger with FDLFoods, Inc. and to create new permanent
Foods, Inc; andemployment opportunities for low or moderate
Whereas, in order to induce Farmlandincome citizens; and
Foods, Inc., FDL Acquisition, Inc. and FDLWhereas, a Commitment Letter, hereto
Foods, Inc. to enter into the Mergerattached and by this reference made a part
Agreement, the City of Dubuque, Iowa hashereof, sets forth the terms and conditions of
agreed to enter into an IndemnificationFarmland Food, Inc.'s participation in the
Agreement and has determined that theCity's CDBG Economic Development Loan
Indemnification Agreement is necessary toProgram.
assure that jobs are maintained or created byNOW, THEREFORE, BE IT RESOLVED
Farmland Foods, Inc. which will provideBY THE CITY COUNCIL OF THE CITY OF
economic growth and development for theDUBUQUE, IOWA:
benefit and welfare of the City; andSection 1. That the Mayor is hereby
Whereas, the Indemnification Agreementauthorized to execute, on behalf of the City
provides for, among other things, theCouncil of the City of Dubuque, Iowa, the
Special Session, June 25, 1996
attached Commitment Letter and to forwardattached Amendatory Agreement.
said letter to Farmland Foods, Inc.Passed, approved and adopted this 25th
Section 2. That the City Manager be and heday of June, 1996.
is hereby directed to prepare, upon receipt andTerrance M. Duggan, Mayor
acknowledgment of the attached CommitmentAttest: Mary A. Davis, City Clerk
Letter by the Company, the necessary loanCouncil Member Voetberg moved adoption
documents in accordance with the terms andof the Resolution. Seconded by Council
conditions set forth in said Commitment LetterMember Nicholson. Carried by the following
and the requirements of the federalvote: Yeas—Mayor Duggan, Council
Community Development Block GrantMembers Buol, Krieg, Michalski, Nicholson,
program.Robbins, Voetberg. Nays—None.
Section 3. That the City Manager is hereby
authorized to execute, on behalf of the CityRESOLUTION NO. 241-96
Council of the City of Dubuque, Iowa, allA RESOLUTION APPROVING CITY
necessary loan documents and is furtherMANAGER'S LETTER TO THE IOWA
authorized to disburse loan funds from theDEPARTMENT OF ECONOMIC
CDBG Economic Development Loan Program,DEVELOPMENT (IDED) CONCERNING
in accordance with the terms and conditions ofCOMMITMENT OF LOCAL FUNDS TO FDL
the executed agreement.CEBA PROJECT.
Passed, approved and adopted this 25thWhereas, the Iowa Department of
day of June, 1996.Economic Development requires evidence of
Terrance M. Duggan, Mayorthe commitment of local funds for a CEBA
Attest: Mary A. Davis, City Clerkproject; and
Council Member Voetberg moved adoptionWhereas, on April 15, 1996 the City
of the Resolution. Seconded by CouncilManager submitted a letter to the IDED which
Member Nicholson. Carried by the followingidentified alternate sources of finances for the
vote: Yeas—Mayor Duggan, CouncilFDL project; and
Members Buol, Krieg, Michalski, Nicholson,Whereas, IDED has requested that the City
Robbins, Voetberg. Nays—None. Council adopt a resolution approving the City
Manager's letter.
RESOLUTION NO. 240-96NOW, THEREFORE, BE IT RESOLVED
A RESOLUTION AUTHORIZING THEBY THE CITY COUNCIL OF THE CITY OF
EXECUTION OF AN AMENDATORYDUBUQUE, IOWA:
AGREEMENT BETWEEN THE CITY OFSection 1. The letter from the City Manager
DUBUQUE, IOWA AND FDL FOODS, INC.to the Iowa Department of Economic
Whereas, FDL Foods, Inc. and the City ofDevelopment concerning the commitment of
Dubuque, Iowa (City) are parties to a Loanlocal funds to the FDL CEBA project hereto
Agreement dated as of December 6, 1982 andattached and by this reference made a part
a Supplemental Loan Agreement dated as ofhereof, is hereby approved.
May 2, 1983; andSection 2. The City Manager is directed to
Whereas, Farmland Foods, Inc. and FDLforward a copy of the Resolution to the Iowa
Acquisition, Inc. have entered into anDepartment of Economic Development.
Agreement and Plan of Merger with FDLPassed, approved and adopted this 25th
Foods, Inc.; andday of June, 1996.
Whereas, FDL Foods, Inc. has advised theTerrance M. Duggan, Mayor
City that is desires to amend certain sectionsAttest: Mary A. Davis, City Clerk
of the foregoing Agreements and for the CityCouncil Member Voetberg moved adoption
to consent to certain transactions to facilitateof the Resolution. Seconded by Council
the merger; andMember Nicholson. Carried by the following
Whereas, in order to induce Farmlandvote: Yeas—Mayor Duggan, Council
Foods, Inc., FDL Acquisition, Inc. and FDLMembers Buol, Krieg, Michalski, Nicholson,
Foods, Inc. to enter into the MergerRobbins, Voetberg. Nays—None.
Agreement, the City of Dubuque, Iowa has
agreed to enter into an AmendatoryThere being no further business, Council
Agreement and has determined that theMember Voetberg moved to adjourn.
Amendatory Agreement is necessary toSeconded by Council Member Michalski.
assure that jobs are maintained or created byCarried by the following vote: Yeas—Mayor
Farmland Foods, Inc. which will provideDuggan, Council Members Buol, Krieg,
economic growth and development for theMichalski, Nicholson, Robbins, Voetberg.
benefit and welfare of the City.Nays—None. The meeting adjourned at 4:57
NOW, THEREFORE, BE IT RESOLVEDp.m.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Mary A. Davis CMC
Section 1. The Amendatory AgreementCity Clerk
between the City of Dubuque, Iowa and FDL
Foods, Inc., hereto attached and by this
reference made part hereof, is hereby
approved.
Section 2. The Mayor is hereby authorized
and directed to endorse, on behalf of the City
Council of the City of Dubuque, Iowa, the
Special Session, June 25, 1996
Approved ,1997
Adopted ,1997
Mayor
Council Members
Attest:
City Clerk