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1996 August Council ProceedingsRegular Session, August 5, 1996 Buol, Krieg, Michalski, Nicholson, Robbins, DUBUQUE Voetberg. Nays—None. NOTICES OF CLAIMS/SUITS — St. Paul CITY COUNCIL Fire and Marine Insurance Company on behalf of their client, Ronald Averkamp, in amount of $584.78 for vehicle damages; Thomas OFFICIAL Fransen in amount of $310.00 for backed-up PROCEEDINGS sewer damages; Dorothy Frick in amount of $300.00 for vehicle damages; Leslie Houselog in amount of $242.00 for personal City Council, Monday, August 5, 1996. reasons; Karen Regan in unknown amount for Council Met at 7:00 p.m., Public Library personal injuries; Julia VonAl in est. amt. of Auditorium. $1742.16 for vehicle damages, presented and Present: Mayor Duggan, Council Members read. Council Member Voetberg moved that Buol, Krieg, Michalski, Nicholson, Robbins, the claims and suits be referred to the Legal Voetberg, City Manager Michael Van Milligen, Staff for investigation and report. Seconded by Corporation Counsel Barry Lindahl. Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Mayor Duggan read the call and stated this Members Buol, Krieg, Michalski, Nicholson, is the Regular Session of the City Council Robbins, Voetberg. Nays—None. called for the purpose to act upon such business which may properly come before the Corporation Counsel advising following Council. claims have been referred to Crawford & Company, the agent for the Iowa Communities Invocation was given by Pastor Dennis Assurance Pool: Car damage of Robert Alt; Schmitt of the Dubuque Community Church. Property damage of Elmer Arensdorf; Personal injury of M. J. Ayers; Personal injury PROCLAMATIONS: August 18-24 as of Linda Breitbach; Sewer backup of James "Truck Driver Appreciation Week" received by Conzett; Personal injury of Lavern G. Lex; Gary Baumhover; Aug 7 - Oct. 31 as "United Personal injury of Karen Newman, presented Way Campaign Time" received by Chip and read. Council Member Voetberg moved Murray. that the communications be received and filed. Seconded by Council Member Nicholson. MINUTES SUBMITTED—Airport Carried by the following vote: Yeas—Mayor Commission of 6-18 & 6-21; Cable Duggan, Council Members Buol, Krieg, Teleprogramming Commission of 7-2; Michalski, Nicholson, Robbins, Voetberg. Environmental Stewardship Advisory Nays—None. Commission of 7-2; Historic Preservation Commission of 7-11; Human Rights Corporation Counsel recommending denial Commission of 6-10; Long Range Planning of following claims: Tire damage of Cynthia Advisory Commission of 7-17; Joint Session Kirch; Property damage of Isabel Lindauer; of Long Range Planning Advisory, Park & Car damage of Kathy Wardle, presented and Recreation Advisory and Environmental read. Council Member Voetberg moved that Stewardship Advisory Commissions of 7-17; the communications be received and filed and Park & Recreation Commission of 7-9; approved denials. Seconded by Council Plumbing Board of 7-15; Public Library of 6- Member Nicholson. Carried by the following 17, presented and read. Council Member vote: Yeas—Mayor Duggan, Council Members Voetberg moved that the minutes be received Buol, Krieg, Michalski, Nicholson, Robbins, and filed. Seconded by Council Member Voetberg. Nays—None. Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Corporation Counsel recommending Buol, Krieg, Michalski, Nicholson, Robbins, settlement of following claims: Truck damage Voetberg. Nays—None. of Richard Ehrlich in amount of $340.31; Tire damage of Janet T. Freihoefer in amount of City Manager submitting monthly/quarterly $188.68; Tire damage of Donna J. Zwart in and Fiscal Year Investment Report; amount of $8.35, presented and read. Council Substance Abuse Services Center submitting Member Voetberg moved that the their 4th quarter report; Proofs of Publication communications be received and filed and on publication of City Council Proceedings for settlements approved with Finance Director to 6-25, 7-1 & 7-15; Proof of Publication on List issue check. Seconded by Council Member of Claims paid and Summary of Revenues for Nicholson. Carried by the following vote: month ending June 30, 1996; Finance Director Yeas—Mayor Duggan, Council Members submitting Financial Reports for June, 1996, Buol, Krieg, Michalski, Nicholson, Robbins, presented and read. Council Member Voetberg. Nays—None. Voetberg moved that the reports and proofs be received and filed. Seconded by Council Corporation Counsel advising following Member Nicholson. Carried by the following claims have been administratively closed: Tire vote: Yeas—Mayor Duggan, Council Members damage of Dennis R. Murray; Car damage of Regular Session, August 5, 1996 Nicholas P. Foley; Car damage of Thomas R.Whereas, Iowa Department of Natural Steffen, presented and read. Council MemberResources has Resource Enhancement and Voetberg moved that the communications beProtection (REAP) funds available to acquire received and filed. Seconded by Counciland develop city parks and recreational trails; Member Nicholson. Carried by the followingand vote: Yeas—Mayor Duggan, Council MembersWhereas, the City of Dubuque has adopted Buol, Krieg, Michalski, Nicholson, Robbins,a Comprehensive Plan and a Riverfront Plan Voetberg. Nays—None. that include goals for development of bike/hike trails; and Steve Smith requesting permission for aWhereas, the City of Dubuque recognizes septic system to service a 15 acres partial ofthe recreational potential of the North End land at 1600 32nd St., presented and read.Neighborhood Trail project from 32nd Street to Council Member Voetberg moved that the22nd Street along the former railroad right-of- communication be referred to the Cityway. Manager and Staff. Seconded by CouncilNOW THEREFORE, BE IT RESOLVED Member Nicholson. Carried by the followingBY THE CITY COUNCIL OF THE CITY OF vote: Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA: Buol, Krieg, Michalski, Nicholson, Robbins,Section 1. That the Planning Services Voetberg. Nays—None. Manager is hereby authorized to submit this application for $159,083 in REAP funds to the Dubuque Symphony Orchestra requestingDubuque County Resource Enhancement to conduct a fireworks display on SeptemberCommittee and to the Iowa Department of 1st at the Hawthorne Street ramp, presentedNatural Resources. and read. Council Member Voetberg movedSection 2.That the City of Dubuque that the request be approved, subject tohereby agrees to comply with applicable implementation of the City Manager.handicapped accessibility and civil rights laws. Seconded by Council Member Nicholson.Passed, approved and adopted this 5th day Carried by the following vote: Yeas—Mayorof August, 1996. Duggan, Council Members Buol, Krieg,Terrance M. Duggan, Mayor Michalski, Nicholson, Robbins, Voetberg.Attest: Mary A. Davis, City Clerk Nays—None. Council Member Voetberg moved adoption of the Resolution. Seconded by Council John Markham submitting his resignationMember Nicholson. Carried by the following from the Civil Service Commission due to hisvote: Yeas—Mayor Duggan, Council Members appointment to the Airport Commission,Buol, Krieg, Michalski, Nicholson, Robbins, presented and read. Council MemberVoetberg. Nays—None. Voetberg moved that the resignation beCity Manager recommending approval of accepted with regret. Seconded by Councilcontract with Alternative Services, Inc., Member Nicholson. Carried by the followingpresented and read. Council Member vote: Yeas—Mayor Duggan, Council MembersVoetberg moved that the communication be Buol, Krieg, Michalski, Nicholson, Robbins,received and filed. Seconded by Council Voetberg. Nays—None. Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Brian Kane submitting petition of residentsBuol, Krieg, Michalski, Nicholson, Robbins, in Admiral Street area requesting assistanceVoetberg. Nays—None. regarding water run-off along Admiral Street, presented and read. Council MemberRESOLUTION NO. 267-96 Voetberg moved that this be referred to theRESOLUTION APPROVING A PURCHASE City Manager. Seconded by Council MemberOF SERVICES CONTRACT BETWEEN Nicholson. Carried by the following vote:THE CITY OF DUBUQUE AND Yeas—Mayor Duggan, Council MembersALTERNATIVE SERVICES, INC. AND Buol, Krieg, Michalski, Nicholson, Robbins,AUTHORIZING AND DIRECTING THE CITY Voetberg. Nays—None. MANAGER TO EXECUTE SAID City Manager recommending the HeritageAGREEMENT ON BEHALF OF THE CITY Trail project be referred to the Long RangeOF DUBUQUE, IOWA Planning Advisory Commission to conduct aWHEREAS, the city of Dubuque has public hearing on said project and Planningnegotiated with Alternative Services, Inc. To Services Manager be authorized to submitprovide services that will aid the City of application for $157,810 REAP Funds,Dubuque in satisfying the requirements of the presented and read. Council MemberDepartment of Housing and Urban Voetberg moved that the communication beDevelopment’s Family Self-Sufficiency received and filed. Seconded by CouncilProgram; and Member Nicholson. Carried by the followingWHEREAS, the terms and conditions vote: Yeas—Mayor Duggan, Council Membersunder which Alternative Services, Inc. will Buol, Krieg, Michalski, Nicholson, Robbins,provide the above-described services are set Voetberg. Nays—None. forth in a Purchase of Services Contract, a copy of which is hereto attached and by this RESOLUTION NO.266-96reference made a part hereof. APPLICATION FOR REAP FUNDS FORNOW, THEREFORE, BE IT RESOLVED THE NORTH END NEIGHBORHOOD TRAILBY THE CITY COUNCIL OF THE CITY OF PROJECTDUBUQUE, IOWA: Regular Session, August 5, 1996 Section 1. That the Attached Purchase ofImpact on the Environment" and "Notice of Services contract by and between the City ofIntent to Request Release of Funds" for the Dubuque, Iowa, and Alternative Services, Inc.following identified project and to make the is hereby approved.Environmental Review Record for said project Section 2. That the City Manager be andavailable for public inspection and comment he is hereby authorized and directed tountil 4:30 p.m. Friday, August 23, 1996. Such execute said Contract for and on behalf of thenotice shall be in the form of Exhibit "A" city of Dubuque, Iowa.attached hereto and made a part hereof. Passed, approved and adopted this 5th day Development of park at 508 Loras of August, 1996.Boulevard, legally described as Lot 1 of Lot Terrance M. Duggan, Mayor1 of Lot 1 of Lot 810 in McDaniels Sub of Attest: Mary A. Davis, City ClerkTown Lots and Lot 8 of A. L. Browns Sub. Council Member Voetberg moved adoptionin the City of Dubuque, by demolishing the of the Resolution. Seconded by Councilexisting home, stone wall and in-ground Member Nicholson. Carried by the followinggarage and replacing the stone wall, vote: Yeas—Mayor Duggan, Council Membersinstalling a new fence, play equipment, Buol, Krieg, Michalski, Nicholson, Robbins,benches, picnic table and landscaping. Voetberg. Nays—None. Section 2. That the environmental review City Manager recommending approval torecord for the project shall be placed on file in publish combined notices regardingthe Office of the City Clerk where said record Community Development Block Grant projectmay be examined and copied by any at 508 Loras Blvd., presented and read.interested party. Council Member Voetberg moved that theSection 3. That the Mayor of the City of communication be received and filed.Dubuque is hereby authorized and directed to Seconded by Council Member Nicholson.submit to the U.S. Department of Housing and Carried by the following vote: Yeas—MayorUrban Development fifteen (15) days after Duggan, Council Members Buol, Krieg,publication of appropriate notice a Request for Michalski, Nicholson, Robbins, Voetberg.Release of Funds to undertake said project. Nays—None. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to RESOLUTION NO. 268-96assume the status of a responsible federal A RESOLUTION AUTHORIZINGofficial under the National Environmental PUBLICATION OF A COMBINED NOTICEProtection Act, insofar as the provisions of the OF NO SIGNIFICANT IMPACT ON THEsaid Act apply to the U.S. Department of ENVIRONMENT AND NOTICE OF INTENTHousing and Urban Development TO REQUEST RELEASE OF COMMUNITYresponsibilities for review, decision making, DEVELOPMENT BLOCK GRANT FUNDSand action assumed and carried out by the FOR DEVELOPMENT OF A PARK AT 508City of Dubuque as to environmental issues. LORAS BOULEVARD.Section 5. That the Mayor of the City of Whereas, an environmental assessmentDubuque is hereby authorized to consent has been completed for the proposed parkpersonally, in his official capacity and on development at 508 Loras Boulevard, which isbehalf of the City of Dubuque, to accept the to be financed with Community Developmentjurisdiction of the federal courts if an action is Block Grant funds; andbrought to enforce responsibilities in relation to Whereas, based on said environmentalenvironmental review, decision making and review, the Department of Community andaction. Economic Development has determined thatSection 6. That the Mayor of the City of said project will have no significant impact onDubuque be and he is hereby authorized and the environment; anddirected to execute a certification pertaining to Whereas, combined notice of " Finding ofthe environmental review procedures. No Significant Effect on the Environment" andPassed, approved and adopted this 5th day of "Intent to Request Release of Funds" forof August, 1996. said project will be sent by regular mail toTerrance M. Duggan, Mayor various federal, state and local publicAttest: Mary A. Davis, City Clerk agencies; to the appropriate Regional Office ofCouncil Member Voetberg moved adoption the Environmental Protection Agency, to theof the Resolution. Seconded by Council HUD Area Office and to the local news media,Member Nicholson. Carried by the following individuals and groups known to be interestedvote: Yeas—Mayor Duggan, Council Members and believed to be appropriate to receive suchBuol, Krieg, Michalski, Nicholson, Robbins, a notice; andVoetberg. Nays—None. Whereas, any and all comments receivedCity Manager recommending approval of as a result of such notice will be dulyrepairs for shower rooms at Fire Headquarters considered before proceeding with a Request- 9th & Central Ave., presented and read. for Release of Funds and Certification.Council Member Voetberg moved that the communication be received and filed and NOW, THEREFORE, BE IT RESOLVEDrequest approved. Seconded by Council BY THE CITY COUNCIL OF THE CITY OFMember Nicholson. Carried by the following DUBUQUE, IOWA:vote: Yeas—Mayor Duggan, Council Members Section 1. That the City Clerk be and sheBuol, Krieg, Michalski, Nicholson, Robbins, is hereby authorized and directed to publish aVoetberg. Nays—None. combined " Notice of Finding of No Significant Regular Session, August 5, 1996 City Manager submitting changesSection 2. That the $118,105.33 of the regarding 4 Lane Northwest Arterial,cost thereof shall be assessable upon private presented and read. Council Memberproperty and $635,868.71 shall be paid from Voetberg moved that the communication bethe Road Use Tax Fund and the Street received and filed. Seconded by CouncilConstruction Fund. Member Nicholson. Carried by the followingPassed, approved and adopted the 5th day vote: Yeas—Mayor Duggan, Council Membersof August, 1996. Buol, Krieg, Michalski, Nicholson, Robbins,Terrance M. Duggan, Mayor Voetberg. Nays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption City Manager recommending acceptance ofof the Resolution. Seconded by Council 1995 P.C. Concrete Paving Project, presentedMember Nicholson. Carried by the following and read. Council Member Voetberg movedvote: Yeas—Mayor Duggan, Council Members that the communication be received and filed.Buol, Krieg, Michalski, Nicholson, Robbins, Seconded by Council Member Nicholson.Voetberg. Nays—None. Carried by the following vote: Yeas—MayorRESOLUTION NO. 271-96 Duggan, Council Members Buol, Krieg,RESOLUTION APPROVING PRELIMINARY Michalski, Nicholson, Robbins, Voetberg.SCHEDULE OF FINAL ASSESSMENTS Nays—None. That the attached sheets, 1 to 7 inclusive, are hereby determined to be the preliminary RESOLUTION NO. 269-96schedule of proposed assessments for the ACCEPTING IMPROVEMENT1995 P.C. Concrete Paving Project and the Whereas, the contract for the 1995valuations set out herein are hereby approved. Portland Cement Concrete Paving ProjectPassed, approved and adopted this 5th day has been completed and the City Manager hasof August, 1996. examined the work and filed his certificateTerrance M. Duggan, Mayor stating that the same has been completedAttest: Mary A. Davis, City Clerk according to the terms of the contract, plansCouncil Member Voetberg moved adoption and specifications and recommends itof the Resolution. Seconded by Council acceptance.Member Nicholson. Carried by the following NOW THEREFORE, BE IT RESOLVEDvote: Yeas—Mayor Duggan, Council Members BY THE CITY COUNCIL OF THE CITY OFBuol, Krieg, Michalski, Nicholson, Robbins, DUBUQUE, IOWA:Voetberg. Nays—None. Section 1. That the recommendation of theREFUNDS REQUESTED — River City City Manager be approved and that saidTap & Grill $211.25 on unexpired Liquor improvement be and the same is herebyLicense, presented and read. Council Member accepted.Voetberg moved that the refund be approved BE IT FURTHER RESOLVED that the Cityand direct the Finance Director to issue Treasurer be and he is hereby directed to paycheck. Seconded by Council Member to the contractor from the Road Use Tax FundNicholson. Carried by the following vote: and the Street Construction Fund in amountYeas—Mayor Duggan, Council Members equal to the amount of his contract, less anyBuol, Krieg, Michalski, Nicholson, Robbins, retained percentage provided for therein.Voetberg. Nays—None. Passed, approved and adopted this 5th day of August, 1996.RESOLUTION NO. 272-96 Terrance M. Duggan, MayorNOW, THEREFORE, BE IT RESOLVED Attest: Mary A. Davis, City ClerkBY THE CITY COUNCIL OF THE CITY OF Council Member Voetberg moved adoptionDUBUQUE, IOWA: of the Resolution. Seconded by CouncilThat the following having complied with the Member Nicholson. Carried by the followingprovisions of law relating to the sale vote: Yeas—Mayor Duggan, Council Membersof Cigarettes within the City of Dubuque, Iowa, Buol, Krieg, Michalski, Nicholson, Robbins,be granted a permit to sell Cigarettes and Voetberg. Nays—None. Cigarette Papers within said City. NEW RESOLUTION NO. 270-96The Treasure Chest Gift Shop FINAL ESTIMATE.Greater Dub. Riverboat Enter.400 E. 3rd St Whereas, the contract for the 1995Sticky Fins Beach Bar Portland Cement Concrete Paving project hasMy-Cap Vendors1005 Main St. been completed and the City Engineer hasPassed, approved and adopted this 5th day submitted his final estimate showing the costof August, 1996. thereof including the cost of estimates, noticesTerrance M. Duggan, Mayor and inspection and all miscellaneous costs;Attest: Mary A. Davis, City Clerk NOW THEREFORE, BE IT RESOLVEDCouncil Member Voetberg moved adoption BY THE CITY COUNCIL OF THE CITY OFof the Resolution. Seconded by Council DUBUQUE, IOWA:Member Nicholson. Carried by the following Section 1. That the cost of saidvote: Yeas—Mayor Duggan, Council Members improvement is hereby determined to beBuol, Krieg, Michalski, Nicholson, Robbins, $753,974.04 and the said amount shall beVoetberg. Nays—None. paid from the Road Use Tax Fund and theRESOLUTION NO. 273-96 Street Construction Fund of the City of Dubuque, Iowa. Regular Session, August 5, 1996 NOW, THEREFORE, BE IT RESOLVEDWhereas, the premises to be occupied by BY THE CITY COUNCIL OF THE CITY OFsuch applicants were inspected and found to DUBUQUE, IOWA:comply with the State Laws and all City That the following having complied with theOrdinances relevant thereto and they have provisions of law relating to the salefiled proper bonds. of Cigarettes within the City of Dubuque, Iowa,NOW, THEREFORE, BE IT RESOLVED be granted a permit to sell Cigarettes andBY THE CITY COUNCIL OF THE CITY OF Cigarette Papers within said City.DUBUQUE, IOWA: RENEWALSThat the Manager be authorized to cause to Silver Dollar Inc.Steve Althoffbe issued the following named applicants 342 Main Sta Liquor License. Tri-State Golf Center Inc.CLASS "C" (COMMERCIAL) Tri-State Golf Center Inc.BEER/LIQUOR LICENSE 1095 Cedar Cross RdSteven J. Glew Sticky Fins Beach Bar Passed, approved and adopted this 5th day1005 Main of August, 1996.Curtis GerhardKnickers Saloon Terrance M. Duggan, Mayor-(1 Day Outdoor Serv)2186 Central Attest: Mary A. Davis, City Clerk9-21-96 Council Member Voetberg moved adoptionCarol A. Meyers & of the Resolution. Seconded by CouncilLisa M. TottTott's Tap Member Nicholson. Carried by the following(1 Day Outdoor Serv)3457 Jackson St. vote: Yeas—Mayor Duggan, Council Members8-10-96 Buol, Krieg, Michalski, Nicholson, Robbins,Passed, approved and adopted this 5th day Voetberg. Nays—None. of August, 1996. RESOLUTION NO. 274-96Terrance M. Duggan, Mayor Whereas, applications for Beer PermitsAttest: Mary A. Davis, City Clerk have been submitted and filed to this CouncilCouncil Member Voetberg moved adoption for approval and the same have beenof the Resolution. Seconded by Council examined and approved; and Member Nicholson. Carried by the following Whereas, the premises to be occupied byvote: Yeas—Mayor Duggan, Council Members such applicants were inspected and found toBuol, Krieg, Michalski, Nicholson, Robbins, comply with the Ordinances of this City andVoetberg. Nays—None. have filed proper bonds.BOARDS AND COMMISSIONS: NOW, THEREFORE, BE IT RESOLVEDApplicants for the following Commissions BY THE CITY COUNCIL OF THE CITY OFwere invited to address the Council to express DUBUQUE, IOWA:their desire to serve on that Commission. That the Manager be authorized to cause to be issued the following named applicants aHOUSING COMMISSION - Applicants: Beer Permit.Boniface Arthofer, Julita Koch-Felton, Denette CLASS "B" BEER PERMITKellogg, Harry Neustadt and Paula Stenlund. Tri-State Golf Center Inc. Tri-State GolfPaula Stenlund spoke. Center+(Sunday & Outdoor Serv) 1095 Cedar CrossHOUSING TRUST FUND COMMISSION - CLASS "C" BEER PERMITApplicants: Ruth Clark and Thomas Goric, Jr. Mulgrew Oil Co.Amoco Food Shop Ruth Clark spoke. +(Sunday Sales)1450 Loras Blvd. IOCO Speede ShoppeTRANSIT BOARD OF TRUSTEES - Iowa Oil Com. +(Sunday Sales)Applicants: George Enderson, Jr., Shawn T. 1998 Jackson StMcCullough, Michael W. Sand. No one spoke. Iowa Oil Company IOCO Speed Shoppe+(Sunday Sales)APPOINTMENTS TO FOLLOWING 2335 UniversityCOMMISSIONS: CLASS "BE" BEER PERMITTV CABLE REGULATORY COMMISSION - Sid's Beverage Store,Inc.Sid's Beverage Store3 Year terms to expire 6-30-99 - Applicants: Inc.+(Sunday Sales)2727 Dodge StRonald Tigges and Walter Webster. Council Passed, approved and adopted this 5th dayMember Voetberg moved that R. Tigges & W. of August, 1996.Webster be reappointed to 3 year terms which Terrance M. Duggan, Mayorwill expire 6-30-99. Seconded by Council Attest: Mary A Davis, City ClerkMember Nicholson. Carried by the following Council Member Voetberg moved adoptionvote: Yeas—Mayor Duggan, Council Members of the Resolution. Seconded by CouncilBuol, Krieg, Michalski, Nicholson, Robbins, Member Nicholson. Carried by the followingVoetberg. Nays—None. vote: Yeas—Mayor Duggan, Council MembersTV CABLE TELEPROGRAMMING Buol, Krieg, Michalski, Nicholson, Robbins,COMMISSION — 2 three-year terms to 6-30- Voetberg. Nays—None. 99 - Applicants: Sr. Carol Hoverman and RESOLUTION NO. 275-96David A. Wanamaker. Council Member Whereas, applications for Liquor LicensesVoetberg moved that Sr. Carol Hoverman and have been submitted to this Council forDavid Wanamaker be reappointed to 3 year approval and the same have been examinedterms which will expire 6-30-99. Seconded by and approved; andCouncil Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Regular Session, August 5, 1996 Members Buol, Krieg, Michalski, Nicholson,contingent upon payment of $660.00, plus Robbins, Voetberg. Nays—None. one-third of publication and filing fees. Section 2. That the Mayor be authorized Council Member Voetberg moved that theand directed to execute a Quit Claim Deed, rules be suspended to allow anyone present toand the City Clerk be and is hereby address the Council if they so desire.authorized and directed to deliver said deed Seconded by Council Member Michalski.of conveyance to the above named grantees Carried by the following vote: Yeas—Mayorupon receipt of the purchase price in full. Duggan, Council Members Buol, Krieg,Section 3. That the City Clerk be and is Michalski, Nicholson, Robbins, Voetberg.hereby authorized and directed to record a Nays—None. certified copy of this resolution in the office of the City Assessor, Dubuque County Proof of publication certified to by theRecorder and the Dubuque County Auditor. Publisher on Notice to consider disposing of aPassed, approved and adopted this 5th public alley lying between Fulton and Wallaceday of August, 1996. Streets from Magnolia Street northwesterlyTerrance M. Duggan, Mayor approx. 265 feet and City ManagerAttest: Mary A. Davis, City Clerk recommending approval of sale of saidCouncil Member Voetberg moved property, presented and read. Council Memberadoption of the Resolution. Seconded by Voetberg moved that the proof andCouncil Member Nicholson. Carried by the communication be received and filed.following vote: Yeas—Mayor Duggan, Seconded by Council Member Nicholson.Council Members Buol, Krieg, Michalski, Carried by the following vote: Yeas—MayorNicholson, Robbins, Voetberg. Duggan, Council Members Buol, Krieg,Nays—None. Michalski, Nicholson, Robbins, Voetberg. Nays—None. Proof of publication certified to by the Publisher on Notice of Hearings on Plans and Bob and Carol Leach spoke requestingSpecifications for Reconstruction of vacation and sale of property.Hawthorne Street Boat Ramp, presented and read. Council Member Voetberg moved that RESOLUTION NO. 276- 96the proof be received and filed. Seconded by Whereas, pursuant to resolution andCouncil Member Robbins. Carried by the published notice of time and place offollowing vote: Yeas—Mayor Duggan, Council hearing, published in the Telegraph Herald,Members Buol, Krieg, Michalski, Nicholson, a newspaper of general circulation publishedRobbins, Voetberg. Nays—None. in the City of Dubuque, Iowa on 26th day ofRESOLUTION NO. 277-96 July, 1996, the City Council of the City ofRESOLUTION ADOPTING PLANS Dubuque, Iowa met on the 5th day ofAND SPECIFICATIONS August, 1996 at 7:30 p.m. in the PublicWhereas, on the 10th of July, 1996, plans, Library Auditorium, 11th and Locust,specifications, form of contract and estimated Dubuque, Dubuque County, Iowa tocost were filed with the City Clerk of Dubuque, consider the proposal for the sale of realIowa for the Reconstruction of Hawthorne estate described as:Street Boat Ramp. Lot 13A of Highland Addition in the City ofWhereas, notice of hearing on plans, Dubuque, Iowa to Ralph and Paz Becke,specifications, form of contract, and estimated and Lot 14A of Highland Addition in thecost was published as required by law. City of Dubuque, Iowa to Robert andNOW THEREFORE, BE IT RESOLVED Carol Leach and Lot 15A of HighlandBY THE CITY COUNCIL OF THE CITY OF Addition in the City of Dubuque, Iowa toDUBUQUE, IOWA: Myra Becke; andThat the said plans, specifications, form of Whereas, the City Council of the City ofcontract and estimated cost are hereby Dubuque, Iowa overruled any and allapproved as the plans, specifications, form of objections, oral or written, to the proposal tocontract and estimated cost for said dispose of interest of the City of Dubuque,improvements for said project. Iowa in the hereinabove described realPassed, adopted and approved this 5th day estate to Robert and Carol Leach, Ralph andof August, 1996. Paz Becke and Myra Becke.Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVEDAttest: Mary A. Davis, City Clerk BY THE CITY COUNCIL OF THE CITY OFCouncil Member Voetberg moved adoption DUBUQUE, IOWA:of the Resolution. Seconded by Council Section 1. That the conveyance of LotMember Robbins. Carried by the following 13A of Highland Addition in the city ofvote: Yeas—Mayor Duggan, Council Members Dubuque, Iowa to Ralph and Paz Becke beBuol, Krieg, Michalski, Nicholson, Robbins, contingent upon the payment of $286.00,Voetberg. Nays—None. plus one-third of publication and filing fees,Proof of publication certified to by the and Lot 14A of Highland Addition in the CityPublisher on Notice to Bidders of Receipt of of Dubuque, Iowa to Robert and Carol LeachBids for project and City Manager be contingent upon payment of $1,254.00,recommending to award contract for the plus one-third of publication and filing fees,project and approval of a "Cooperative and Lot 15A of Highland Addition in the CityAgreement" for the Marine Fuel Tax grant of Dubuque, Iowa to Myra Becke beawarded for project, presented and read. Regular Session, August 5, 1996 Council Member Voetberg moved the proofThat the Mayor is hereby authorized to sign and communication be received and filed.the cooperative cost-share agreement for this Seconded by Council Member Robbins.grant on behalf of the City of Dubuque. Carried by the following vote: Yeas—MayorPassed, approved and adopted this 5th day Duggan, Council Members Buol, Krieg,of August, 1996. Michalski, Nicholson, Robbins, Voetberg.Terrance M. Duggan, Mayor Nays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption RESOLUTION NO. 278-96of the Resolution. Seconded by Council AWARDING CONTRACTMember Robbins. Carried by the following Whereas, sealed proposals have beenvote: Yeas—Mayor Duggan, Council Members submitted by contractors for theBuol, Krieg, Michalski, Nicholson, Robbins, Reconstruction of Hawthorne Street BoatVoetberg. Nays—None. Ramp pursuant to Resolution No. 263-96 andGeorge Chevalier requesting to address the notice to bidders published in a newspaperCouncil regarding beautification of the City, published in the City of Dubuque, Iowa on thepresented and read. Council Member Krieg July 19, 1996.moved that the petition be received and filed Whereas, said sealed proposals wereand referred to the City Manager. Seconded opened and read on the 25th of July, 1996 andby Council Member Robbins. Carried by the it has been determined that the bid offollowing vote: Yeas—Mayor Duggan, Council Tschiggfrie Excavating Co. of Dubuque in theMembers Buol, Krieg, Michalski, Nicholson, amount of $78,270.00 was the lowest bid forRobbins, Voetberg. Nays—None. the furnishings of all labor and materials and performing the work as provided for in theGeorge Chevalier, 125 W. 9th St. spoke plans and specifications.requesting better upkeep of Flat Iron Park, NOW THEREFORE, BE IT RESOLVEDcolored lights in the waterfall fountain in the BY THE CITY COUNCIL OF THE CITY OFdowntown and other methods of making the DUBUQUE, IOWA:City more beautiful. That the contract for the above improvement be awarded to TschiggfrieJames & Sara Jurisic appealing the denial Excavating Co. and the Manager be and isby the Historic Preservation Commission hereby directed to execute a contract onregarding their request for property at 642 behalf of the City of Dubuque for the completeChestnut St., presented and read. Council performance of the work.Member Voetberg moved that the appeal be BE IT FURTHER RESOLVED:denied. Seconded by Council Member Krieg. 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, Krieg, Treasurer is authorized and instructed toMichalski, Robbins, Voetberg. Nays—Council return the bid deposits of the unsuccessfulMember Nicholson. bidders. Passed, approved and adopted this 5th dayProof of publication certified to by the of August, 1996.Publisher on Notice to Bidders for Asbury Terrance M. Duggan, MayorRoad Reconstruction Project - Asbury City Attest: Mary A. Davis, City ClerkLimits to the Northwest Arterial and City Council Member Voetberg moved adoptionManager recommending to award contract, of the Resolution. Seconded by Councilpresented and read. Council Member Buol Member Robbins. Carried by the followingmoved that the proof and communication be vote: Yeas—Mayor Duggan, Council Membersreceived and filed. Seconded by Council Buol, Krieg, Michalski, Nicholson, Robbins,Member Voetberg. Carried by the following Voetberg. Nays—None. vote: Yeas—Mayor Duggan, Council Members RESOLUTION NO. 279-96Buol, Krieg, Michalski, Nicholson, Robbins, GRANT AGREEMENT FORVoetberg. Nays—None. RECONSTRUCTION OF HAWTHORNE STREET BOAT RAMPRESOLUTION NO. 280-96 Whereas, the Iowa Department of NaturalAWARDING CONTRACT Resources (IDNR) has awarded the City ofWhereas, sealed proposals have been Dubuque a Marine Fuel Tax grant of $51,750submitted by contractors for the Asbury Road for reconstruction of the Hawthorne StreetReconstruction Project - Asbury City Limits to boat ramp; andthe Northwest Arterial pursuant to Resolution Whereas, the City of Dubuque agrees toNo. 260-96 and notice to bidders published in the terms and conditions set forth in thea newspaper published in the City of cooperative cost-share agreement betweenDubuque, Iowa on the 19th day of July, 1996. IDNR and the City for this grant, provided thatWhereas, said sealed proposals were the IDNR permanently waive the condition thatopened and read on the 30th of July, 1996 and the City not close the boat ramp to public useit has been determined that the bid of for special events.Tschiggfrie Excavating Inc. of Dubuque, in the NOW THEREFORE, BE IT RESOLVEDamount of $289,816.63 was the lowest bid for BY THE CITY COUNCIL OF THE CITY OFthe furnishings of all labor and materials and DUBUQUE, IOWA:performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED Regular Session, August 5, 1996 BY THE CITY COUNCIL OF THE CITY OFE DUBUQUE, IOWA:N That the contract for the aboveDI improvement be awarded to TschiggfrieN Excavating and the Manager be and is herebyG directed to execute a contract on behalf of theTH City of Dubuque for the complete performanceE of the work.C BE IT FURTHER RESOLVED:O That upon the signing of said contract andDE the approval of the contractor’s bond, the CityOF Treasurer is authorized and instructed toO return the bid deposits of the unsuccessfulR bidders.DI Passed, approved and adopted this 5th dayN of August, 1996.A Terrance M. Duggan, MayorN Attest: Mary A. Davis, City ClerkC Council Member Buol moved adoption ofES the Resolution. Seconded by Council MemberOF Voetberg. Carried by the following vote:TH Yeas—Mayor Duggan, Council MembersE Buol, Krieg, Michalski, Nicholson, Robbins,CI Voetberg. Nays—None. TY OF City Manager recommending approval ofD proposed policies for the Dubuque DisputeU Resolution Center (DDRC), presented andB read. Council Member Voetberg moved thatU the communication be received and filed andQ accepted the proposed policies with theU exception of the reference to "compulsory"E, mediation. Seconded by Council MemberIO Michalski. Carried by the following vote:W Yeas—Mayor Duggan, Council MembersA, Buol, Krieg, Michalski, Nicholson, Robbins,BY Voetberg. Nays—None. D EL Council Member Nicholson left theET Chambers at 7:57 p.m. and returned at 7:59IN p.m.G SE City Manager submitting a HandicappedC Parking Ordinance change, presented andTI read. Council Member Voetberg moved thatO the communication be received and filed.N Seconded by Council Member Michalski.3 Carried by the following vote: Yeas—Mayor2- Duggan, Council Members Buol, Krieg,36 Michalski, Robbins, Voetberg. Nays—None.9 Absent—Council Member Nicholson. E NT An Ordinance Amending Code ofIT Ordinances by Enacting new sections ofLE Chapter 32 (Handicapped Parking) regardingD fine increases, enforcement on private"S property and sign requirements to be modified,IG presented and read. NS TO (OFFICIAL PUBLICATION)BE ORDINANCE NO. 42-96PL ANA OC RED DIAT ND AES NIG CEN AAT MED Regular Session, August 5, 1996 PAC RTI KIO NN G3 PL2- A37 C0 ESE INNT DIIT CLE ATD IN"P GR UO SEHI LIBI MITE TAD TIU OSE N"OF APA NDR EKI NN AG CPL TIA NC GES AO NR EID WE SENT CIFI TIC OAT NIO EN NTD ITEV LEIC DES "D" ISA AND BIE LIN TYA SIC GTI NSN RG EA QN UIE RW ESE D"C ;TI AO NDN D3 EL2- ET37 IN0 GE SENT Regular Session, August 5, 1996 ITof Parking Places or Identification Devices," LEas follows: DSection 32-370. Prohibited Use Of Parking "PPlaces Or Identification Devices. R The use of a disabled person space, Oincluding the access aisle, located on either HIpublic or private property, by a motor vehicle BInot displaying a special identification device TEissued by an official state or federal agency, or Dby a motor vehicle displaying such a device Ubut not being used by a disabled person, as SEoperator or passenger, is prohibited and is a OFmisdemeanor for which a fine may be imposed PAupon the owner, operator or lessee of the Rmotor vehicle. The fine for each violation shall KIbe one hundred dollars ($100.00). NSection 5. This Ordinance shall take effect Gupon publication. PLPassed, approved and adopted this 5th day Aof August, 1996. CTerrance M. Duggan, Mayor ESAttest: Mary A. Davis, City Clerk OPublished officially in the Telegraph Herald Rnewspaper this 12th day of August, 1996. ID1t 8/12Mary A. Davis CMC, City Clerk ECouncil Member Voetberg moved that the NTrequirement that a proposed Ordinance be IFIconsidered and voted on for passage at two CCouncil Meetings prior to the meeting at which ATit is to be finally passed be suspended. IOSeconded by Council Member Michalski. N Carried by the following vote: Yeas—Mayor D Duggan, Council Members Buol, Krieg, EV Michalski, Robbins, Voetberg. Nays—None. IC Absent—Council Member Nicholson. Council ES Member Voetberg moved final consideration ." and passage of the Ordinance. Seconded by NOW, THEREFORE, BE IT ORDAINED Council Member Robbins. Carried by the BY THE CITY COUNCIL OF THE CITY OF following vote: Yeas—Mayor Duggan, Council DUBUQUE, IOWA: Members Buol, Krieg, Michalski, Nicholson, Section 1. That the Code of Ordinances of Robbins, Voetberg. Nays—None. the City of Dubuque, be amended by deleting City Manager recommending preferred section 32-369 "Signs To Be Placed At options for Iowa Department of Transportation Designated Parking Places Indicating Use 25 year plan, presented and read. Council Limitation." Member Voetberg moved that the report be Section 2. That the Code of Ordinances of received and filed and referred the plan to the the City of Dubuque be amended by adding a Long Range Planning Advisory Commission new Section 32-369 entitled "Disability Signs for review and comment. Seconded by Required," as follows: Council Member Michalski. Carried by the Section 32-369. Disability Signs Required following vote: Yeas—Mayor Duggan, Council (a) Parking spaces designated as special Members Buol, Krieg, Michalski, Robbins, parking places for disabled persons shall be Voetberg. Nays—Council Member Nicholson. identified with the disability parking sign on a vertical post bearing the international symbolCity Manager submitting documents of accessibility and shall include a sign statingproviding for the bidding process for the fine is $100.00 for improper use.construction of a new rest room facility in (b) Any person who owns or leases rentalEagle Point Park, presented and read. Council property in the city and is required to provideMember Voetberg moved that the disabled parking by the Iowa Code shallcommunication be received and filed. identify each parking space with a disabilitySeconded by Council Member Buol. Carried parking sign on a vertical post bearing theby the following vote: Yeas—Mayor Duggan, international symbol of accessibility and shallCouncil Members Buol, Krieg, Michalski, include a sign stating the fine is $100.00 forNicholson, Robbins, Voetberg. Nays—None. improper use. Section 3. That the Code of Ordinances be RESOLUTION NO. 281-96 amended by deleting Section 32-370 entitled PRELIMINARY APPROVAL OF "Prohibited Use of Parking Places or PLANS AND SPECIFICATIONS Identification Devices." BE IT RESOLVED BY THE CITY Section 4. That the Code of Ordinances of COUNCIL OF THE CITY OF DUBUQUE, the City of Dubuque be amended by adding a IOWA: new Section 32-370 entitled "Prohibited Use Regular Session, August 5, 1996 That the proposed plans, specifications,That the City Clerk is hereby directed to form of contract and estimated cost for theadvertise for bids for the construction of the EAGLE POINT PARK REST ROOMimprovements herein provided, to be published FACILITY, in the estimated amount ofin a newspaper having general circulation in $85,000, are hereby approved and orderedthe City of Dubuque, Iowa, which notice shall filed in the office of the City Clerk, for publicnot be less than four days nor more than inspection.twenty days prior to the receipt of said bids at Passed, approved and adopted this 5th day2:00 p.m. on the 22nd day of August, 1996. of August, 1996.Bids shall be opened and read by the City Terrance M. Duggan, MayorClerk at said time and will be submitted to the Attest: Mary A. Davis, City ClerkCouncil for final action at 7:00 p.m. on the 3rd Council Member Voetberg moved adoptionday of September, 1996. of the Resolution. Seconded by CouncilPassed, approved and adopted this 5th day Member Buol. Carried by the following vote:of August, 1996. Yeas—Mayor Duggan, Council MembersTerrance M. Duggan, Mayor Buol, Krieg, Michalski, Nicholson, Robbins,Attest: Mary A. Davis, City Clerk Voetberg. Nays—None. Council Member Voetberg moved adoption RESOLUTION NO. 282-96of the Resolution. Seconded by Council FIXING DATE OF HEARING ONMember Buol. Carried by the following vote: PLANS AND SPECIFICATIONSYeas—Mayor Duggan, Council Members WHEREAS, the City Council of the City ofBuol, Krieg, Michalski, Nicholson, Robbins, Dubuque, Iowa has given its preliminaryVoetberg. Nays—None. approval on the proposed plans,City Manager submitting documents specifications, and form of contract andproviding for the bidding process for painting placed same on file in the office of the Cityof the pool tanks at Flora and Sutton Pools, Clerk for public inspection of the EAGLEpresented and read. Council Member Buol POINT PARK REST ROOM FACILITY.moved that the communication be received NOW, THEREFORE, BE IT RESOLVED,and filed. Seconded by Council Member BY THE CITY COUNCIL OF THE CITY OFNicholson. Carried by the following vote: DUBUQUE, IOWA, that on the 3rd day ofYeas—Mayor Duggan, Council Members September, 1996, a public hearing will be heldBuol, Krieg, Michalski, Nicholson, Robbins, at 7:00 p.m. in the Public Library Auditorium,Voetberg. Nays—None. at which time interested persons may appear and be heard for or against the proposedRESOLUTION NO. 284-96 plans and specifications, form of contract andPRELIMINARY APPROVAL OF cost of said improvement, and the City ClerkPLANS AND SPECIFICATIONS be and is hereby directed to cause a notice ofBE IT RESOLVED BY THE CITY time and place of such hearing to beCOUNCIL OF THE CITY OF DUBUQUE, published in a newspaper having generalIOWA: circulation in the City of Dubuque, Iowa, whichThat the proposed plans, specifications, notice shall be not less than four days norform of contract and estimated cost for the more than twenty days prior to the day fixed forFLORA POOL/SUTTON POOL PAINTING its consideration. At the hearing, anyPROJECT, in the estimated amount of interested person may appear and file$55,000, are hereby approved and ordered objections to the proposed plans,filed in the office of the City Clerk, for public specifications, contract, or estimated cost ofinspection. the improvement.Passed, approved and adopted this 5th day Passed, approved and adopted this 5th dayof August, 1996. of August, 1996.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk Attest: Mary A. Davis, City ClerkCouncil Member Buol moved adoption of Council Member Voetberg moved adoptionthe Resolution. Seconded by Council Member of the Resolution. Seconded by CouncilNicholson. Carried by the following vote: Member Buol. Carried by the following vote:Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersBuol, Krieg, Michalski, Nicholson, Robbins, Buol, Krieg, Michalski, Nicholson, Robbins,Voetberg. Nays—None. Voetberg. Nays—None. RESOLUTION 283-96RESOLUTION NO. 285-96 ORDERING BIDSFIXING DATE OF HEARING ON BE IT RESOLVED BY THE COUNCIL OFPLANS AND SPECIFICATIONS THE CITY OF DUBUQUE, IOWA:WHEREAS, the City Council of the City of That the EAGLE POINT PARK RESTDubuque, Iowa has given its preliminary ROOM FACILITY is hereby ordered to beapproval on the proposed plans, advertised for bids for construction.specifications, and form of contract and BE IT FURTHER RESOLVED, that theplaced same on file in the office of the City amount of the security to accompany each bidClerk for public inspection of the FLORA shall be in an amount which shall conform toPOOL/SUTTON POOL PAINTING the provisions of the notice to bidders herebyPROJECT. approved as a part of the plans andNOW, THEREFORE, BE IT RESOLVED, specifications heretofore adopted.BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 3rd day of Regular Session, August 5, 1996 September, 1996, a public hearing will be heldMart, Inc., 405 Rhomberg; Oky Doky #2, 51 at 7:00 p.m. in the Public Library Auditorium,W. 32nd St.; Casey's General Store, 2699 at which time interested persons may appearRockdale Rd.; Oky Doky #21, 2010 Kerper; and be heard for or against the proposedBig 10 Mart, 9th & Central; Casey's General plans and specifications, form of contract andStore, 4003 Peru Road, presented and read. cost of said improvement, and the City ClerkCouncil Member Michalski moved that the be and is hereby directed to cause a notice ofcommunication be received and filed and set time and place of such hearing to beHearing for 8-19-96 at 7:00 p.m. in the Public published in a newspaper having generalLibrary Auditorium. Seconded by Council circulation in the City of Dubuque, Iowa, whichMember Buol. Carried by the following vote: notice shall be not less than four days norYeas—Mayor Duggan, Council Members more than twenty days prior to the day fixed forBuol, Krieg, Michalski, Nicholson, Robbins, its consideration. At the hearing, anyVoetberg. Nays—None. interested person may appear and file objections to the proposed plans,City Manager submitting documents specifications, contract, or estimated cost ofproviding for construction of Radford Road the improvement.from Pennsylvania Ave. to Chavenelle Road, Passed, approved and adopted this 5th daypresented and read. Council Member of August, 1996.Voetberg moved that the communication be Terrance M. Duggan, Mayorreceived and filed. Seconded by Council Attest: Mary A. Davis, City ClerkMember Nicholson. Carried by the following Council Member Buol moved adoption ofvote: Yeas—Mayor Duggan, Council Members the Resolution. Seconded by Council MemberBuol, Krieg, Michalski, Nicholson, Robbins, Nicholson. Carried by the following vote:Voetberg. Nays—None. Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,RESOLUTION NO. 287-96 Voetberg. Nays—None.PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS RESOLUTION 286-96NOW THEREFORE, BE IT RESOLVED ORDERING BIDSBY THE CITY COUNCIL OF THE CITY OF BE IT RESOLVED BY THE COUNCIL OFDUBUQUE, IOWA: THE CITY OF DUBUQUE, IOWA:That the proposed plans, specifications, That the FLORA POOL/SUTTON POOLform of contract and estimated cost for the PAINTING PROJECT is hereby ordered to beReconstruction of Radford Road from advertised for bids for construction.Pennsylvania Avenue to Chavenelle Drive, in BE IT FURTHER RESOLVED, that thethe estimated amount of $970,342.56, are amount of the security to accompany each bidhereby approved and ordered filed in the office shall be in an amount which shall conform toof the City Clerk for public inspection. the provisions of the notice to bidders herebyPassed, adopted and approved this 5th day approved as a part of the plans andof August, 1996. specifications heretofore adopted.Terrance M. Duggan, Mayor That the City Clerk is hereby directed toAttest: Mary A. Davis, City Clerk advertise for bids for the construction of theCouncil Member Voetberg moved adoption improvements herein provided, to be publishedof the Resolution. Seconded by Council in a newspaper having general circulation inMember Nicholson. Carried by the following the City of Dubuque, Iowa, which notice shallvote: Yeas—Mayor Duggan, Council Members not be less than four days nor more thanBuol, Krieg, Michalski, Nicholson, Robbins, twenty days prior to the receipt of said bids atVoetberg. Nays—None. 2:00 p.m. on the 21st day of August, 1996. Bids shall be opened and read by the CityRESOLUTION NO. 288-96 Clerk at said time and will be submitted to theFIXING DATE OF HEARING ON Council for final action at 7:00 p.m. on the 3rdPLANS AND SPECIFICATIONS day of September, 1996.Whereas, the City Council of the City of Passed, approved and adopted this 5th dayDubuque, Iowa has given its preliminary of August, 1996.approval on the proposed plans, Terrance M. Duggan, Mayorspecifications, and form of contract and Attest: Mary A. Davis, City Clerkplaced same on file in the office of the City Council Member Buol moved adoption ofClerk for public inspection of the the Resolution. Seconded by Council MemberReconstruction of Radford Road from Nicholson. Carried by the following vote:Pennsylvania Avenue to Chavenelle Drive. Yeas—Mayor Duggan, Council MembersNOW THEREFORE, BE IT RESOLVED Buol, Krieg, Michalski, Nicholson, Robbins,BY THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None.DUBUQUE, IOWA: That on the 3rd of September, 1996, a City Manager requesting public hearings bepublic hearing will be held at 7:00 p.m. in the held to consider assessing civil penaltiesPublic Library Auditorium at which time against several liquor license establishments.interested persons may appear and be heard (Big 10 Mart, 2100 JFK Road; Lee's 76 andfor or against the proposed plans and W. Locust Mart, 408 W. Locust St.; JFKspecifications, form of contract and cost of Amoco Foodshop, 1701 JFK Road; Plaza 20said improvement, and the City Clerk be and Amoco Foodshop, 2600 Dodge St.; 5 Pointis hereby directed to cause a notice of time Regular Session, August 5, 1996 and place of such hearing to be published in aCouncil Member Voetberg moved adoption newspaper having general circulation in theof the Resolution. Seconded by Council City of Dubuque, Iowa, which notice shall beMember Nicholson. Carried by the following not less than four days nor more than twentyvote: Yeas—Mayor Duggan, Council Members days prior to the day fixed for its consideration.Buol, Krieg, Michalski, Nicholson, Robbins, At the hearing, any interested person mayVoetberg. Nays—None. appear and file objections to the proposed plans, specifications, contract, or estimatedRESOLUTION NO. 290-96 cost of the improvement.FIXING DATE OF HEARING ON Passed, adopted and approved this 5th dayRESOLUTION OF NECESSITY of August, 1996.Whereas, the City Council of the City of Terrance M. Duggan, MayorDubuque, Iowa, has given its preliminary Attest: Mary A. Davis, City Clerkapproval on the proposed plans, specifications Council Member Voetberg moved adoptionand form of contract and placed same on file of the Resolution. Seconded by Councilin the office of the City Clerk for public Member Nicholson. Carried by the followinginspection, for the Reconstruction of Radford vote: Yeas—Mayor Duggan, Council MembersRoad from Pennsylvania Avenue to Buol, Krieg, Michalski, Nicholson, Robbins,Chavenelle Drive, and, Voetberg. Nays—None. Whereas, the proposed Resolution of RESOLUTION NO. 289-96Necessity for said improvement has been RESOLUTION OF NECESSITYintroduced and is now on file in the City Whereas, proposed plans have been dulyClerk's office for public inspection. prepared and approved by the City Council ofNOW THEREFORE, BE IT RESOLVED the City of Dubuque and are now on file in theBY THE CITY COUNCIL OF THE CITY OF office of City Clerk showing among otherDUBUQUE, IOWA: things the plans, specifications, form ofThat on the 3rd of September, 1996, a contract, estimated cost and preliminary platpublic hearing will be held at 7:00 o'clock p.m. and schedule showing the amount proposedin the Public Library Auditorium in the City of to be assessed against each lot and theDubuque at which time the owners of property valuation of each lot as filed by the Citysubject to assessment for the proposed Council, for the Reconstruction of Radfordimprovement or any other person having an Road from Pennsylvania Avenue tointerest in the matter may appear and be heard Chavenelle Drive.for or against the making of the improvement, NOW THEREFORE, BE IT RESOLVEDthe boundaries of the district, the cost, the BY THE CITY COUNCIL OF THE CITY OFassessment against any lot, or the final DUBUQUE, IOWA:adoption of a resolution of necessity and the That the City Council deems it advisableCity Clerk be and is hereby authorized and and necessary for the public welfare to makedirected to cause a notice of time and place of the herein mentioned improvements, andsuch hearing to be published in a newspaper unless property owners at the time of the finalhaving general circulation in the City of consideration of this proposed resolution haveDubuque, Iowa, which notice shall be on file with the City Clerk objections to thepublished once each week for two consecutive resolution of necessity, they shall be deemedweeks, the first publication of which shall be to have waived all objections pertaining to thenot less than ten days prior to the day fixed for regularity of the proceeding and the legality ofits consideration. Unless property owners at using the special assessment procedure.the time of the final consideration of this Said improvements shall be constructedproposed resolution have on file with the City and done in accordance with the plans andClerk objections to the Resolution of Necessity specifications which have been approved bythey shall be deemed to have waived all the City Council and now on file with the Cityobjections thereto. Clerk. That the cost and expense of makingPassed, adopted and approved this 5th day such improvement will be assessed partially orof August, 1996. totally against privately owned property lyingTerrance M. Duggan, Mayor with the assessment limits, and in an amountAttest: Mary A. Davis, City Clerk not to exceed that provided by law, and inCouncil Member Voetberg moved adoption proportion to the special benefits conferred.of the Resolution. Seconded by Council The portion of the cost which shall beMember Nicholson. Carried by the following borne by the City will be paid from the Taxvote: Yeas—Mayor Duggan, Council Members Increment Financing District Fund, andBuol, Krieg, Michalski, Nicholson, Robbins, special assessment bonds may be issued inVoetberg. Nays—None. anticipation of deferred payments of assessments when a contract has beenRESOLUTION NO. 291-96 performed and accepted, and the proceedsRESOLUTION APPROVING thereof used to pay the contractor.PRELIMINARY SCHEDULE OF The above resolution was introduced,ASSESSMENTS approved and ordered placed on file with theNOW THEREFORE, BE IT RESOLVED BY City Clerk this 5th day of August, 1996.THE CITY COUNCIL OF THE CITY OF Approved and placed on file for final action.DUBUQUE, IOWA: Terrance M. Duggan, MayorThat the attached sheets, 1 to 1 inclusive, Attest: Mary A. Davis, City Clerkare hereby determined to be the schedule of proposed assessments for the Reconstruction Regular Session, August 5, 1996 of Radford Road from Pennsylvania Avenue tothe City Council for approval, a project Chavenelle Drive and the valuations set outagreement relating to the R.I.S.E. grant for herein are hereby approved.this project; Passed, approved and adopted this 5th dayand, whereas the City of Dubuque of August, 1996.approves the terms and conditions of said Terrance M. Duggan, Mayorproject agreement. Attest: Mary A. Davis, City ClerkNOW THEREFORE, BE IT RESOLVED Council Member Voetberg moved adoptionBY THE CITY COUNCIL, CITY OF of the Resolution. Seconded by CouncilDUBUQUE, IOWA: Member Nicholson. Carried by the followingSection 1. That agreement number 96-R- vote: Yeas—Mayor Duggan, Council Members033, consisting of an agreement providing for Buol, Krieg, Michalski, Nicholson, Robbins,State of Iowa R.I.S.E. funding for the Voetberg. Nays—None. reconstruction of Radford Road from Pennsylvania Avenue to Chavenelle Drive in RESOLUTION NO. 292-96the amount of 50% of the cost of eligible items ORDERING BIDSof construction be approved. NOW THEREFORE, BE IT RESOLVEDSection 2. That the Mayor be authorized BY THE COUNCIL OF THE CITY OFand directed to execute two (2) copies of this DUBUQUE, IOWA:agreement and forward the executed copies to That the Reconstruction of Radford Roadthe Iowa Department of Transportation for from Pennsylvania Avenue to Chavenelle Drivetheir approval. is hereby ordered to be advertised for bids forPassed, approved and adopted this 5th day construction.of August, 1996. BE IT FURTHER RESOLVED, that theTerrance M. Duggan, Mayor amount of the security to accompany each bidAttest: Mary A. Davis, City Clerk shall be in an amount which shall conform toCouncil Member Voetberg moved adoption the provisions of the notice to bidders herebyof the Resolution. Seconded by Council approved as a part of the plans andMember Nicholson. Carried by the following specifications heretofore adopted.vote: Yeas—Mayor Duggan, Council Members That the City Clerk is hereby directed toBuol, Krieg, Michalski, Nicholson, Robbins, advertise for bids for the construction of theVoetberg. Nays—None. improvements herein provided, to be publishedAt 8:19 p.m. Council Member Voetberg in a newspaper having general circulation inmoved to go into Closed Session in the City of Dubuque, Iowa, which notice shallaccordance with Ch. 21.5 1.(j) to discuss the not be less than four days nor more thanpurchase of particular real estate where twenty days prior to the receipt of said bids atpremature disclosure could be reasonably 2:00 p.m. on the 27th of August, 1996. Bidsexpected to increase the price the shall be opened and read by the City Clerk atgovernmental body would have to pay for that said time and will be submitted to the Councilproperty. Seconded by Council Member for final action at 7:00 p.m. on the 3rd ofNicholson. Carried by the following vote: September, 1996.Yeas—Mayor Duggan, Council Members Passed, adopted and approved this 5th dayBuol, Krieg, Michalski, Nicholson, Robbins, of August, 1996.Voetberg. Nays—None. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkCouncil reconvened Regular Session at Council Member Voetberg moved adoption8:47 p.m. with Staff being given proper of the Resolution. Seconded by Councildirection regarding purchase of property. Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council MembersThere being no further business, Council Buol, Krieg, Michalski, Nicholson, Robbins,Member Michalski moved to adjourn. Voetberg. Nays—None. Seconded by Council Member Nicholson. RESOLUTION NO. 293-96Carried by the following vote: Yeas—Mayor RESOLUTION APPROVING PROJECTDuggan, Council Members Buol, Krieg, AGREEMENT WITH THE IOWAMichalski, Nicholson, Robbins, Voetberg. DEPARTMENT OF TRANSPORTATIONNays—None. The meeting adjourned at 8:48 RELATING TO THE RECONSTRUCTIONp.m. OF RADFORD ROAD FROM PENNSYLVANIA AVENUE TOMary A. Davis CMC CHAVENELLE DRIVE.City Clerk Whereas, the City of Dubuque has developed plans for the reconstruction and widening of Radford Road from Pennsylvania Avenue to Chavenelle Drive; and, whereas the City has requested funding under the State of Iowa's R.I.S.E. program (Revitalize Iowa's Sound Economy); and, whereas the City's application wasApproved .1997 approved by the Iowa Department of Transportation on June 18, 1996;Adopted , 1997 and, whereas the Iowa Department of Transportation has prepared and submitted to Regular Session, August 5, 1996 Mayor Council Members Attest: City Clerk Regular Session, August 19, 1996 Corporation Counsel advising following DUBUQUE claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Personal injury of Karen CITY COUNCIL Regan; Car damage of St. Paul Fire and Marine (for Ronald Averkamp); Car damage of Julie Von Ah, presented and read. Council OFFICIAL Member Voetberg moved that the PROCEEDINGS communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor City Council Meeting, August 19, 1996. Duggan, Council Members Buol, Krieg, Council Met at 7:00 p.m., Public Library Michalski, Nicholson, Robbins, Voetberg. Auditorium. Nays—None. Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Corporation Counsel recommending Voetberg, City Manager Michael Van Milligen, settlements of vehicle damage claim of Dan Corporation Counsel Barry Lindahl. Chapman in the amount of $439.21 and Child support payments to Leslie Houselog in the Mayor Duggan read the call and stated this amount of $193.00 and directing Finance is the Regular Session of the City Council Director to issue checks, presented and read. called for the purpose to act upon such Council Member Voetberg moved that the business which may properly come before the communications be received and filed and Council. settlements approved. Seconded by Council Member Nicholson. Carried by the following Invocation was given by Father Florian vote: Yeas—Mayor Duggan, Council Members Schmidt, Pastor of St. Mary’s Catholic Buol, Krieg, Michalski, Nicholson, Robbins, Church. Voetberg. Nays—None. PROCLAMATION — Sept. 1st as Corporation Counsel recommending “Celebrate Dubuque, The Key to Iowa Day” denials of tire damage claim of Richard Curiel, received by Katie Krieg.Jr. and car damage claim of Dorothy Frick, presented and read. Council Member MINUTES SUBMITTED — EnvironmentalVoetberg moved that the communication be Stewardship Advisory Commission of 7-23 &received and filed and denials approved. 8-6; Human Rights Commission of 7-8;Seconded by Council Member Nicholson. Zoning Board of Adjustment of 7-25; HousingCarried by the following vote: Yeas—Mayor Commission of 7-9, presented and read. Duggan, Council Members Buol, Krieg, Council Member Voetberg moved that the Michalski, Nicholson, Robbins, Voetberg. minutes be received and filed. Seconded by Nays—None. Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Iowa League of Cities advising of City being Members Buol, Krieg, Michalski, Nicholson, awarded two All-Star Community Award Robbins, Voetberg. Nays—None. Certificates of Recognition for its water operations review and its Healthy Proof of Publication on “Combined Public Neighborhood Project, presented and read. Notices of Finding of No Significant Effect on Council Member Voetberg moved that the the Environment” for development of a park at communication be received and filed. 508 Loras Blvd., presented and read. Council Seconded by Council Member Nicholson. Member Voetberg moved that the proof be Carried by the following vote: Yeas—Mayor received and filed. Seconded by Council Duggan, Council Members Buol, Krieg, Member Nicholson. Carried by the following Michalski, Nicholson, Robbins, Voetberg. vote: Yeas—Mayor Duggan, Council Members Nays—None. Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Environmental Stewardship Advisory NOTICES OF CLAIMS/SUITS — Commission recommending NOT to ban use American Trust and Savings Bank in the of Styrofoam or polystyrene foam in the City, amount of $9,864.08 for backed-up sewer presented and read. Council Member damages; Betty Butts in estimated amount of Voetberg moved that the communication be $746.03 for vehicle damages; Mark K. & received and filed. Seconded by Council Rebecca S. Wall in an amount of $200.00 for Member Nicholson. Carried by the following property damages, presented and read. vote: Yeas—Mayor Duggan, Council Members Council Member Voetberg moved that the Buol, Krieg, Michalski, Nicholson, Robbins, claims and suits be referred to the Legal Staff Voetberg. Nays—None. for investigation and report. Seconded by Council Member Nicholson. Carried by theCity Manager recommending approval of following vote: Yeas—Mayor Duggan, Councilcontract with Lisa Sesterhenn to provide Members Buol, Krieg, Michalski, Nicholson,services for the implementation of Healthy Robbins, Voetberg. Nays—None. Dubuque 2000, presented and read. Council Member Voetberg moved that the Regular Session, August 19, 1996 communication be received and filed andvote: Yeas—Mayor Duggan, Council Members contract approved. Seconded by CouncilBuol, Krieg, Michalski, Nicholson, Robbins, Member Nicholson. Carried by the followingVoetberg. Nays—None. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,City Manager recommending approval of a Voetberg. Nays—None. request from Steve J. Smith to install a septic system at a new residence to be located in the City Manager recommending approval of1600 block of West 32nd Street, presented Agreement with Tri-State Independentand read. Council Member Voetberg moved Physician’s Association, presented and read.that the communication be received and filed Council Member Voetberg moved that theand approved the request. Seconded by communication be received and filed andCouncil Member Nicholson. Carried by the approved. Seconded by Council Memberfollowing vote: Yeas—Mayor Duggan, Council Nicholson. Carried by the following vote:Members Buol, Krieg, Michalski, Nicholson, Yeas—Mayor Duggan, Council MembersRobbins, Voetberg. Nays—None. Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. City Manager recommending to apply to HUD for $42,500 for the City’s Family Self- City Manager recommending approval ofSufficiency (FSS) Program, presented and Renewal of Section 8 Program Annualread. Council Member Voetberg moved that Contributions Contract, presented and read.the communication be received and filed. Council Member Voetberg moved that theSeconded by Council Member Nicholson. communication be received and filed.Carried by the following vote: Yeas—Mayor Seconded by Council Member Nicholson.Duggan, Council Members Buol, Krieg, Carried by the following vote: Yeas—MayorMichalski, Nicholson, Robbins, Voetberg. Duggan, Council Members Buol, Krieg,Nays—None. Michalski, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 295-96 RESOLUTION AUTHORIZING THE MAYOR RESOLUTION NO. 294-96TO EXECUTE AN APPLICATION TO RESOLUTION AUTHORIZING EXECUTIONPARTICIPATE IN THE FAMILY SELF- OF A RENEWAL ANNUALSUFFICIENCY COORDINATOR PROGRAM CONTRIBUTIONS CONTRACT FORWHEREAS, the U.S. Department of SECTION 8 EXISTING HOUSINGHousing and Urban Development (HUD) CERTIFICATES, PROGRAMrequires that housing authorities receiving NO.1A087CE0019; REPLACINGSection 8 Program funding must administrate MODERATE REHABILITATION PROGRAMa Family Self-Sufficiency Program for NO. SBIA05-K087-001 UNIT CONTACT 1-39participating families; and WHEREAS, contracts for certain programsWHEREAS, HUD is currently making under Annual Contributions Contracts foravailable funds to pay for costs of Section 8 Programs are periodically scheduledadministering such programs through its for expiration; andFamily Self-Sufficiency Program Coordinator WHEREAS, the U.S. Department ofProgram; and Housing and Urban Development extendsWHEREAS, the City of Dubuque currently these funding commitments through theadministers a successful self-sufficiency offering of amended consolidated contracts,program at a significant annual cost. extensions or renewal contracts; andNOW, THEREFORE, BE IT RESOLVED WHEREAS, the Department requiresBY THE CITY COUNCIL OF THE CITY OF execution of this contract for the City’sDUBUQUE, IOWA: continued administration of these funds.Section 1. The Mayor is authorized and NOW, THEREFORE, BE IT RESOLVEDdirected to execute an application to the U.S. BY THE CITY COUNCIL OF THE CITY OFDepartment of Housing and Urban DUBUQUE, IOWA:Development for participation in the Family Section 1. That the Mayor of the city ofSelf-Sufficiency Coordinator Program. Dubuque be and he is hereby authorized andSection 2. The City of Dubuque Housing directed to execute a renewal AnnualCommission has been directed to conduct a Contributions Contract, with the U.S.public hearing regarding this application in Department of Housing and Urbanaccordance with requirements of Chapter Development, for Project No. IA087CE0019,403.A.238 of the Code of Iowa, to review and under Master Annual Contributions contractapprove the plans for administration of the No. KC-9004-E, on behalf of the City ofproposed program. Dubuque.Section 3. The City Manager is hereby Section 2. This resolution shall take effectauthorized and directed to forward said immediately.application and resulting standard executed Passed, approved and adopted this 19th contract to the respective agencies in a timely day of August, 1996. fashion and as required by the U.S. Terrance M. Duggan, Mayor Department of Housing and Urban Attest: Mary A. Davis, City Clerk Development. Council Member Voetberg moved adoption Passed, approved and adopted this 19th of the Resolution. Seconded by Council day of August, 1996. Member Nicholson. Carried by the following Terrance M. Duggan, Mayor Regular Session, August 19, 1996 Attest: Mary A. Davis, City ClerkFinance Director to issue the proper check. Council Member Voetberg moved adoptionSeconded by Council Member Nicholson. of the Resolution. Seconded by CouncilCarried by the following vote: Yeas—Mayor Member Nicholson. Carried by the followingDuggan, Council Members Buol, Krieg, vote: Yeas—Mayor Duggan, Council MembersMichalski, Nicholson, Robbins, Voetberg. Buol, Krieg, Michalski, Nicholson, Robbins,Nays—None. Voetberg. Nays—None. RESOLUTION NO. 297-96 City Manager recommending approval ofWhereas, applications for Beer Permits the survey plat and acceptance of dedicationhave been submitted and filed to this Council of Lot B of Asbury Plaza for public right-of-wayfor approval and the same have been for the reconstruction of Asbury Road,examined and approved; and presented and read. Council MemberWhereas, the premises to be occupied by Voetberg moved that the communication besuch applicants were inspected and found to received and filed. Seconded by Councilcomply with the Ordinances of this City and Member Nicholson. Carried by the followinghave filed proper bonds. vote: Yeas—Mayor Duggan, Council MembersNOW, THEREFORE, BE IT RESOLVED Buol, Krieg, Michalski, Nicholson, Robbins,BY THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None. DUBUQUE, IOWA: That the Manager be authorized to cause to RESOLUTION NO. 296-96be issued the following named applicants a RESOLUTION APPROVING THE PLAT OFBeer Permit. ASBURY ROAD RIGHT-OF-WAYCLASS "B" BEER PERMIT (6 MONTHS) Whereas, there has been presented to theGerald C. KirchbergBottle Stop Lounge City Council of the City of Dubuque, Iowa, a3203 Jackson St plat dated June 3, 1996, prepared by IIWCLASS "B" BEER PERMIT Engineers & Surveyors, P.C. describing the(Special 5-day Event) proposed dedication of Lot B of Asbury PlazaDubuque Racing Assoc. in the City of Dubuque for public right-of-way;Dubuque Greyhound Pk+ and(Sunday & Outdoor Ser)Miller Riverview Prk Whereas, upon said plat appears right-of-Dubuque Racing Assoc. way for Asbury Road which the owner by saidDubuque Sesquicentennial+ plat has dedicated to the public forever; and (Sunday & Outdoor)Eagle Point Park Whereas, said plats conforms to the lawsCLASS "C" BEER PERMIT and statutes pertaining thereto.Rainbo Oil CompanyKwik Stop Food Mart NOW, THEREFORE, BE IT RESOLVED+(Sunday Sales)2255 Kerper Blvd BY THE CITY COUNCIL OF THE CITY OFOky Doky # 21Oky Doky # 21 DUBUQUE, IOWA: +(Sunday Sales)2010 Kerper Blvd Section 1.That the plat dated June 3,CLASS "BE" BEER PERMIT 1996, prepared by IIW Engineers andTFM Co.Oky Doky #1 Surveyors, P.C., relative to the real estate + (Sunday Sales)250 W 1st St hereinabove described be and the same isPassed, approved and adopted this 19th hereby approved.day of August, 1996. Section 2.That the dedication of Lot B ofTerrance M. Duggan, Mayor Asbury Plaza in the City of Dubuque for publicAttest: Mary A Davis, City Clerk right-of-way for Asbury Road as appears onCouncil Member Voetberg moved adoption said plat, be and the same are herebyof the Resolution. Seconded by Council approved, and the Mayor and City Clerk beMember Nicholson. Carried by the following and they are hereby authorized and directed tovote: Yeas—Mayor Duggan, Council Members execute said plat for and on behalf of the CityBuol, Krieg, Michalski, Nicholson, Robbins, of Dubuque, Iowa.Voetberg. Nays—None. Section 3.That the City Clerk be and is hereby authorized and directed to file saidRESOLUTION NO. 298-96 plats and certified coy of this resolution in theWhereas, applications for Liquor Licenses office of the Recorder, in and for Dubuquehave been submitted to this Council for County, Iowa.approval and the same have been examined Passed, approved and adopted this 19thand approved; and day of August, 1996.Whereas, the premises to be occupied by Terrance M. Duggan Mayorsuch applicants were inspected and found to Attest: Mary A. Davis, City Clerkcomply with the State Laws and all City Council Member Voetberg moved adoptionOrdinances relevant thereto and they have of the Resolution. Seconded by Councilfiled proper bonds. 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: Voetberg. Nays—None. That the Manager be authorized to cause to be issued the following named applicants REFUNDS REQUESTED — Oky Doky #7a Liquor License. $75.00 for unexpired Beer Permit, presentedCLASS "C" (COMMERCIAL) BEER and read. Council Member Voetberg moved& LIQUOR LICENSE that the refund be approved and direct theDavid H. EricksonLucky 13 Tap Regular Session, August 19, 1996 +(Sunday Sales)385 E. 13th StSeconded by Council Member Michalski. Passed, approved and adopted this 19thCarried by the following vote: Yeas—Mayor day of August, 1996.Duggan, Council Members Buol, Krieg, Terrance M. Duggan, MayorMichalski, Nicholson, Robbins, Voetberg. Attest: Mary A. Davis, City ClerkNays—None. Council Member Voetberg moved adoption of the Resolution. Seconded by CouncilPUBLIC HEARINGS: To determine Member Nicholson. Carried by the followingwhether a $300.00 civil penalty is to be vote: Yeas—Mayor Duggan, Council Membersassessed against following licensee/permittee Buol, Krieg, Michalski, Nicholson, Robbins,for violations of State and City Codes: Big 10 Voetberg. Nays—None. Mart, 2100 JFK Road; Lee’s 76 and W. Locust Mart, 408 W. Locust St.; JFK Amoco Council Member Voetberg moved that theFoodshop, 1701 JFK Road; Plaza 20 Amoco request for transfer be approved of BeerFoodshop, 2600 Dodge St.; 5 Point Mart, Inc., Permit from Miller-Riverview Park to Dubuque405 Rhomberg; Oky Doky #2, 51 W. 32nd St.; Greyhound Park parking lot for one day onCasey’s General Store, 2699 Rockdale Rd.; September 7th in the evening. Seconded byOky Doky #21, 2010 Kerper; Big 10 Mart, 9th Council Member Nicholson. Carried by the& Central; Casey’s General Store, 4003 Peru following vote: Yeas—Mayor Duggan, CouncilRd. Council Member Nicholson moved that it Members Buol, Krieg, Michalski, Nicholson,be resolved to assess charges as allowed in Robbins, Voetberg. Nays—None. the City and State Codes. Seconded by Council Member Voetberg. Carried by the BOARDS AND COMMISSIONS:following vote: Yeas—Mayor Duggan, Council HOUSING COMMISSION: Three 3-YearMembers Buol, Krieg, Michalski, Nicholson, terms which will expire 8-17-99. Applicants:Robbins, Voetberg. Nays—None. Boniface Arthofer, Julita Koch-Felton, Denette Kellogg, Harry Neustadt and Paula Stenlund.City Manager concurring with Vote on the appointments were as follows:recommendation to deny final plat of Mayor Duggan voted for Arthofer, NeustadtSunnyslope Estates Phase 4, presented and and Stenlund. Council Member Buol voted forread. Council Member Voetberg moved that Kellogg, Neustadt, and Stenlund. Councilthe communication be received and filed. Member Krieg voted for Kellogg, Neustadt,Seconded by Council Member Michalski. and Stenlund. Council Member MichalskiCarried by the following vote: Yeas—Mayor voted for Kellogg, Neustadt and Stenlund.Duggan, Council Members Buol, Krieg, Council Member Nicholson voted for Kellogg,Michalski, Nicholson, Robbins, Voetberg. Neustadt and Stenlund. Council MemberNays—None. Robbins voted for Kellogg, Neustadt and Stenlund. Council Member Voetberg voted forRESOLUTION NO. 299-96 Kellogg, Neustadt and Stenlund. Therefore,A RESOLUTION APPROVING THE FINAL Denette Kellogg, Harry Neustadt and PaulaPLAT OF SUNNYSLOPE ESTATES PHASE Stenlund all reappointed to terms expiring 8-4 IN THE CITY OF DUBUQUE, IOWA. 17-99 on the Housing Commission.Whereas, there has been filed with the City Clerk a final plat of Sunnyslope Estates Phase HOUSING TRUST FUND COMMISSION:4 in the City of Dubuque, Iowa; and One unexpired term which will expire 9-8-97.Whereas, upon said final plat appear Applicants: Ruth Clark and Thomas Goric, Jr.street(s) to be known as Sunnyslope Drive Vote on the appointment was as follows:(Lot X), Red Violet Drive (Lot Y), High Cloud Mayor Duggan voted for Goric. CouncilDrive (Lot AA), and Twilight Drive (Lot Z), Member Buol voted for Clark. Council Membertogether with certain public utility and sanitary Krieg voted for Goric. Council Membersewer and storm sewer easements which the Michalski voted for Clark. Council Memberowners by said final plat have dedicated to the Nicholson voted for Clark. Council Memberpublic forever; and Robbins voted for Goric. Council MemberWhereas, the preliminary plat has been Voetberg voted for Clark. Therefore, Ruthexamined by the Zoning Advisory Commission Clark appointed to an unexpired term on theand had its approval endorsed thereon; and Housing Commission Trust Fund AdvisoryWhereas, said final plat has been reviewed Committee which will expire 9-8-97.by the City Planner and had her approval endorsed thereon, subject to the owners TRANSIT BOARD OF TRUSTEES: Three 3-agreeing to the conditions noted in Section 2 Year terms which will expire 7-30-99.below; and Applicants: George Enderson, Jr., Shawn T.Whereas, said final plat has been McCullough and Michael W. Sand. Councilexamined by the City Council and they find Member Voetberg moved that Georgethat it conforms to the statutes and ordinances Enderson, Jr., and Michael W. Sand berelating to it, except that no streets or public reappointed and Shawn T. McCulloughutilities have yet been constructed or installed; appointed to the Transit Board of Trustees toand three year terms which will expire 7-30-99.Whereas, the City Council concurs in the conditions of approval established by the Council Member Nicholson moved that theZoning Advisory Commission and the City rules be suspended to allow anyone present toPlanner. address the Council if they so desire.NOW, THEREFORE, BE IT RESOLVED Regular Session, August 19, 1996 BY THE CITY COUNCIL OF THE CITY OFplat have been developed. All vacant lots shall DUBUQUE, IOWA:have sidewalks installed upon development of Section 1. That the dedications of80% of the lots approved by the plat. Sunnyslope Drive (Lot X), Red Violet DriveSection 4. That the final acceptance of all (Lot Y), High Cloud Drive (Lot Z) and Twilightpublic improvements shall occur upon Drive (Lot AA), together with the easementscertification of the City Engineer to the City for public utilities, sanitary sewer, storm sewerCouncil that all public improvements have and water mains as they appear upon saidbeen completed in accordance with the final plat, be and the same are herebyimprovement plans and City standard accepted; andspecifications and accepted by City Council Section 2. That the plat of SunnyslopeResolution. Estates Phase 4 is hereby approved and theSection 5. That in the event Radford Road Mayor and City Clerk are hereby authorizedDevelopment, Inc. shall fail to execute the and directed to endorse the approval of theacceptance and furnish the guarantees City of Dubuque, Iowa, upon said final plat,provided in Section 2 hereof within 180 days provided the owners of said property hereinafter the date of this Resolution, the provisions named, execute their written acceptancehereof shall be null and void and the hereto attached agreeing:acceptance of the dedication and approval the a.To reduce Sunnyslope Drive (Lot X), Redplat shall not be effective. Violet Drive (Lot Y), High Cloud Drive (Lot Z)Passed, approved and adopted this 19th and Twilight Drive (Lot AA) to grade and today of August, 1996. construct concrete curb and gutter and to hardTerrance M. Duggan, Mayor surface with asphaltic concrete, or withATTEST: Mary A. Davis, City Clerk concrete paving with integral curb, to gradeACCEPTANCE OF and construct Red Violet Drive (Lot Y) to the RESOLUTION NO. 299-96 east boundary of the subdivision, all inI, the undersigned, of Radford Road accordance with the City of Dubuque standardDevelopment having read the terms and specifications, all in a manner acceptable toconditions of the Resolution No. 299-96 and the City Engineer, and in conformance withbeing familiar with the conditions thereof, construction improvement plans approved byhereby accept this same and agree to the the City Engineer, and inspected by the Cityconditions required therein. Engineer.Dated this day of , b.To install sanitary sewer mains and sewer1996. service laterals into each individual lot, waterRadford Road Development mains and water service laterals into eachNOT SIGNED AS OF JANUARY, 1997. individual lot, storm sewers and catch basins,Gene Sullivan boulevard street lighting and erosion controlErnst Quade devices all in accordance with the City ofCouncil Member Voetberg moved adoption Dubuque standard specifications, all in aof the Resolution. Seconded by Council manner acceptable to the City Engineer, andMember Michalski. Carried by the following in accordance with construction improvementvote: Yeas—Mayor Duggan, Council Members plans approved by the City Engineer, andBuol, Krieg, Michalski, Nicholson, Robbins, inspected by the City Engineer.Voetberg. Nays—None. c.To construct said improvements, within twoCity Manager recommending to approve (2) years from the date of acceptance of thisfinal plat for Fremont Heights Subdivision, resolution, at the sole expense of the owners,presented and read. Council Member or future owners;Nicholson moved that the communication be d.To maintain the public improvements, for areceived and filed. Seconded by Council period of two (2) years from the date of theMember Buol. Carried by the following vote: acceptance of those improvements by the CityYeas—Mayor Duggan, Council Members of Dubuque, Iowa, at the sole expense of theBuol, Krieg, Michalski, Nicholson, Robbins, owners, or future owners;Voetberg. Nays—None. And further provided that said Radford Road Development, Inc., as owner of saidRESOLUTION NO. 300-96 property, shall secure the performance of theA RESOLUTION APPROVING THE FINAL foregoing conditions provided in this SectionPLAT OF LOT 17 AND LOT 18, BLOCK 1, by providing guarantees in such form and withLOTS 5-9, INCLUSIVE, BLOCK 3, LOTS 1, such sureties as may be acceptable to the City2 AND 3, BLOCK 5, LOT K AND LOT L, Manager of the City of Dubuque, Iowa.ALL OF FREMONT HEIGHTS Section 3. Sidewalk installation shall be theSUBDIVISION, IN THE CITY OF DUBUQUE, responsibility of the owner of the propertyIOWA. abutting the public right-of-way, as required byWhereas, there has been filed with the City City Code 41-161 through 41-164. TheClerk a final plat of Lot 17 and Lot 18, Block 1, responsibility shall extend to all successors,Lots 5-9, inclusive, Block 3, Lots 1, 2 and 3, heirs and assignees. Sidewalk installation willBlock 5, Lot K and Lot L, all of Fremont not be required until the development of the lotHeights Subdivision in the City of Dubuque, has been completed, except as requiredIowa; and herein. In sparsely developed subdivisions,Whereas, upon said final plat appear sidewalks on developed lots will not bestreets to be known as Barbara Lee Drive and required until 50% of the lots approved by theDonald Drive, together with certain public Regular Session, August 19, 1996 utility and sewer easements which the ownersperiod of two (2) years from the date of the by said final plat have dedicated to the publicacceptance of those improvements by the City forever; andof Dubuque, Iowa, at the sole expense of the Whereas, the preliminary plat has beenowners, or future owners; examined by the Zoning Advisory CommissionAnd further provided that said Martin and and had its approval endorsed thereon; andNancy McNamer, as owners of said property, Whereas, said final plat has been reviewedshall secure the performance of the foregoing by the City Planner and had her approvalconditions provided in this Section by endorsed thereon, subject to the ownersproviding guarantees in such form and with agreeing to the conditions noted in Section 2such sureties as may be acceptable to the City below; andManager of the City of Dubuque, Iowa. Whereas, said final plat has beenSection 3. Sidewalk installation shall be the examined by the City Council and they findresponsibility of the owner of the property that it conforms to the statutes and ordinancesabutting the public right-of-way, as required by relating to it, except that no streets or publicCity Code 41-161 through 41-164. The utilities have yet been constructed or installed;responsibility shall extend to all successors, andheirs and assignees. Sidewalk installation will Whereas, the City Council concurs in thenot be required until the development of the lot conditions of approval established by thehas been completed, except as required Zoning Advisory Commission and the Cityherein. In sparsely developed subdivisions, Planner.sidewalks on developed lots will not be NOW, THEREFORE, BE IT RESOLVEDrequired until 50% of the lots approved by the BY THE CITY COUNCIL OF THE CITY OFplat have been developed. All vacant lots shall DUBUQUE, IOWA:have sidewalks installed upon development of Section 1. That the dedications of Barbara80% of the lots approved by the plat. Sidewalk Lee Drive (Lot K) and Donald Drive (Lot L),along the northerly frontage of Lot L shall be together with the easements for public utilities,the responsibility of Martin and Nancy sanitary sewer, storm sewer and water mainsMcNamer and shall be installed at the time as they appear upon said final plat, be and theBarbara Lee Drive is constructed. same are hereby accepted; andSection 4. That the final acceptance of all Section 2. That the plat of Lot 17 and Lotpublic improvements shall occur upon 18, Block 1, Lots 5-9, inclusive, Block 3, Lotscertification of the City Engineer to the City 1, 2 and 3, Block 5, Lot K and Lot L, all ofCouncil that all public improvements have Fremont Heights Subdivision, is herebybeen completed in accordance with the approved and the Mayor and City Clerk areimprovement plans and City standard hereby authorized and directed to endorse thespecifications and accepted by City Council approval of the City of Dubuque, Iowa, uponResolution. said final plat, provided the owners of saidSection 5. That in the event Martin and property herein named, execute their writtenNancy McNamer shall fail to execute the acceptance hereto attached agreeing:acceptance and furnish the guarantees a.To reduce Barbara Lee Drive (Lot K) toprovided in Section 2 hereof within 180 days grade and to construct concrete curb andafter the date of this Resolution, the provisions gutter and to hard surface with asphaltichereof shall be null and void and the concrete, or with concrete paving with integralacceptance of the dedication and approval the curb, all in accordance with the City ofplat shall not be effective. Dubuque standard specifications, all in aPassed, approved and adopted this 19th manner acceptable to the City Engineer, andday of August, 1996. in conformance with construction improvementTerrance M. Duggan, Mayor plans approved by the City Engineer, andATTEST: Mary A. Davis, City Clerk inspected by the City Engineer.ACCEPTANCE OF b.To reduce Donald Drive (Lot L) to gradeRESOLUTION NO. 300-96 and provide grading and lateral supportWe, the undersigned, Martin and Nancy easements along the westerly 20 feet of Lot 18McNamer, having read the terms and Block 1 and the easterly 20 feet of Lot 1 Blockconditions of the Resolution No. 300-96 and 5.being familiar with the conditions thereof, c.To install sanitary sewer mains and sewerhereby accept this same and agree to the service laterals into each individual lot, waterconditions required therein. mains and water service laterals into eachDated in Dubuque, Iowa this 17th day of individual lot, storm sewers and catch basins,September, 1996. boulevard street lighting and erosion controlBy /s/ Martin J. McNamer devices all in accordance with the City ofBy /s/ Nancy A. McNamer Dubuque standard specifications, all in aCouncil Member Nicholson moved adoption manner acceptable to the City Engineer, andof the Resolution. Seconded by Council in accordance with construction improvementMember Buol. Carried by the following vote: plans approved by the City Engineer, andYeas—Mayor Duggan, Council Members inspected by the City Engineer.Buol, Krieg, Michalski, Nicholson, Robbins, d.To construct said improvements, prior toVoetberg. Nays—None. two (2) years from the date of acceptance of this resolution, at the sole expense of theCity Manager recommending public hearing owners, or future owners;be set for September 3rd to consider disposal e.To maintain the public improvements, for aof City property related to a parking agreement Regular Session, August 19, 1996 from the Bishop Block Building Housing,Duggan, Council Members Buol, Krieg, presented and read. Council MemberMichalski, Nicholson, Robbins, Voetberg. Voetberg moved that the communication beNays—None. received and filed. Seconded by Council Member Buol. Carried by the following vote:An Ordinance Amending Zoning Map by Yeas—Mayor Duggan, Council Membersreclassifying property located at 3939 Buol, Krieg, Michalski, Nicholson, Robbins,Pennsylvania Avenue from R-1 Single-Family Voetberg. Nays—None. Residential District to C-3 General Commercial District, presented and read. RESOLUTION NO. 301-96Council Member Nicholson moved that a RESOLUTION OF INTENT TO DISPOSE OFPublic Hearing be held on the proposed AN INTEREST IN REAL PROPERTY BYOrdinance on the 3rd day of September, SALE TO DAVID AND LINDA HERBST1996, at 7:00 o'clock p.m. at the Public Library Whereas, the City of Dubuque, Iowa is theAuditorium and that the City Clerk be directed owner of the following described real estateto publish notice in the manner prescribed by located in the City of Dubuque, Dubuquelaw. Seconded by Council Member Robbins. County, Iowa:Carried by the following vote: Yeas—Mayor Lot 6A of the west one-half of Block 1 inDuggan, Council Members Buol, Krieg, Dubuque Harbor Company’s Addition, in theMichalski, Nicholson, Robbins, Voetberg. City of Dubuque, Iowa.Nays—None. Whereas, the City of Dubuque, Iowa, and David and Linda Herbst, along with others, areZoning Advisory Commission advising of parties to a proposed agreement to transfertheir denial to rezone property at Northeast property and to develop off-street parking incorner of JFK Road and W. 32nd Street from the block bounded by Main Street on the west,AG to C-3 as requested by John and Doris First Street on the North, and U.S. HighwayKivlahan and communication of John & Doris 61-151 on the east and south; andKivlahan requesting Council consider a public Whereas, said agreement provides that thehearing be held on the rezoning from AG to C- City will convey the above-described real3 on an area 500 feet deep from JFK Road, property to David and Linda Herbst forpresented and read. Council Member development of off-street parking andMichalski moved that the communications be landscaping as per a site plan to be approvedreceived and filed. Seconded by Council by the City, subject to a duly noticed publicMember Buol. Carried by the following vote: hearing and approval by the City Council of theYeas—Mayor Duggan, Council Members City of Dubuque and payment of the City’sBuol, Krieg, Michalski, Nicholson, Robbins, acquisition cost and all transfer costs.Voetberg. Nays—None. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFAn Ordinance Amending Zoning Map by DUBUQUE, IOWA:reclassifying property located at the Northeast Section 1. The City of Dubuque, Iowa,corner of John F. Kennedy Road and W. 32nd intends to dispose of its interest in theStreet from AG Agricultural District to C-3 foregoing-described real property by sale toGeneral Commercial District, presented and David and Linda Herbst.read. Council Member Michalski moved that Section 2. The City Clerk is herebya Public Hearing be held on the proposed authorized and directed to cause a notice to beOrdinance on the 3rd day of September, 1996, published as prescribed by Iowa Code Sectionat 7:00 o'clock p.m. at the Public Library 364.7 of a public hearing on the City’s intent toAuditorium and that the City Clerk be directed dispose of the foregoing-described realto publish notice in the manner prescribed by property to be held on the 3rd day oflaw. Seconded by Council Member Buol. September, 1996, at 7:00 p.m. at the CarnegieCarried by the following vote: Yeas—Mayor Stout Public Library Auditorium, 360 WestDuggan, Council Members Buol, Krieg, 11th Street, Dubuque, Iowa.Michalski, Nicholson, Robbins, Voetberg. Passed, approved and adopted this 19thNays—None. day of August, 1996. Terrance M. Duggan, MayorPetition from residents of Amy Court Attest: Mary A. Davis, City Clerkrequesting a Residential Parking Permit Council Member Voetberg moved adoptionDistrict for their area and City Manager of the Resolution. Seconded by Councilrecommending public hearing be set on the Member Buol. Carried by the following vote:Lucy Drive and Amy Court Petition for Yeas—Mayor Duggan, Council MembersResidential Parking Permit District, presented Buol, Krieg, Michalski, Nicholson, Robbins,and read. Council Member Nicholson moved Voetberg. Nays—None. that the petition and communication be received and filed. Seconded by Council Zoning Advisory Commission advising ofMember Robbins. Carried by the following their denial to rezone property at 3939vote: Yeas—Mayor Duggan, Council Members Pennsylvania Avenue from R-1 to C-3 DistrictBuol, Krieg, Michalski, Nicholson, Robbins, as requested by Larry Wolff, presented andVoetberg. Nays—None. read. Council Member Nicholson moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas—MayorRESOLUTION NO. 302-96 Regular Session, August 19, 1996 RESOLUTION SETTING A PUBLICLane/Pego Court Sanitary Sewer extension HEARING ON ESTABLISHING Aproject, presented and read. Council Member RESIDENTIAL PARKING PERMITVoetberg moved that the communication be DISTRICT ON LUCY DRIVE, FROMreceived and filed. Seconded by Council PENNSYLVANIA AVENUE TO WELUMember Nicholson. Carried by the following DRIVE AND AMY COURT FROMvote: Yeas—Mayor Duggan, Council Members MARJORIE CIRCLE TO THE NORTHERLYBuol, Krieg, Michalski, Nicholson, Robbins, ENDVoetberg. Nays—None. Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances,RESOLUTION NO. 303-96 has received a petition containing sufficientPRELIMINARY APPROVAL OF signatures requesting that an area describedPLANS AND SPECIFICATIONS as follows be designated as a ResidentialNOW THEREFORE, BE IT RESOLVED Parking Permit District:BY THE CITY COUNCIL OF THE CITY OF Lucy Drive, from Pennsylvania Avenue toDUBUQUE, IOWA: Welu DriveThat the proposed plans, specifications, Amy Court, from Marjorie Circle to northerlyform of contract and estimated cost for the end; andKelly Lane/Pego Court Sanitary Sewer Whereas, pursuant to said Section 32-383,Extension, in the estimated amount of the City Manager has caused a parking study$271,379.28, are hereby approved and of the area identified above to be undertakenordered filed in the office of the City Clerk for and which study shows at least 80% of thepublic inspection. curbside parking spaces in the proposedPassed, adopted and approved this 19th parking permit district were utilized duringday of August, 1996. peak periods, and at least 25% of the curbsideTerrance M. Duggan, Mayor parking spaces in the proposed parking permitAttest: Mary A. Davis, City Clerk district were utilized during peak periods, andCouncil Member Voetberg moved adoption at least 25% of the curbside parking spaces inof the Resolution. Seconded by Council the proposed parking permit district wereMember Nicholson. Carried by the following utilized by non-resident parking; andvote: Yeas—Mayor Duggan, Council Members Whereas, the City Manager, based uponBuol, Krieg, Michalski, Nicholson, Robbins, the results of the study, and in accordanceVoetberg. Nays—None. with Section 32-383, recommends that the area be designated as a Residential ParkingRESOLUTION NO. 304-96 Permit District and that the City Council set aFIXING DATE OF HEARING ON public hearing on the petition to establish such PLANS AND SPECIFICATIONS area as a Residential parking permit DistrictWhereas, the City Council of the City of and the hours such parking restrictions are toDubuque, Iowa has given its preliminary be in effect.approval on the proposed plans, NOW, THEREFORE, BE IT RESOLVEDspecifications, and form of contract and BY THE CITY COUNCIL OF THE CITY OFplaced same on file in the office of the City DUBUQUE, IOWA:Clerk for public inspection of the Kelly Section 1. That the City Council findsLane/Pego Court Sanitary Sewer Extension. and determines that a valid petition has beenNOW THEREFORE, BE IT RESOLVED received for the designation of Lucy Drive fromBY THE CITY COUNCIL OF THE CITY OF Pennsylvania Avenue to Welu Drive and AmyDUBUQUE, IOWA: Court from Marjorie Circle to northerly end asThat on the 16th of September, 1996, a a Residential Parking Permit District.public hearing will be held at 7:00 p.m. in the Section 2.That the Residential ParkingPublic Library Auditorium at which time Permit District hours be effective between theinterested persons may appear and be heard hours of 7:00 a.m. and 3:00 p.m. daily, exceptfor or against the proposed plans and Saturdays, Sundays and holidays.specifications, form of contract and cost of Section 3.That the City Clerk besaid improvement, and the City Clerk be and authorized and directed to publish a notice ofis hereby directed to cause a notice of time public hearing on the designation of the aboveand place of such hearing to be published in a described area as a Residential parkingnewspaper having general circulation in the Permit District, to be held on September 3,City of Dubuque, Iowa, which notice shall be 1996.not less than four days nor more than twenty Passed, approved and adopted this 19thdays prior to the day fixed for its consideration. day of August, 1996.At the hearing, any interested person may Terrance M. Duggan, Mayorappear and file objections to the proposed Attest: Mary A. Davis, City Clerkplans, specifications, contract, or estimated Council Member Nicholson moved adoptioncost of the improvement. of the Resolution. Seconded by CouncilPassed, adopted and approved this 19th Member Robbins. Carried by the followingday of August, 1996. vote: Yeas—Mayor Duggan, Council MembersTerrance M. Duggan, Mayor Buol, Krieg, Michalski, Nicholson, Robbins,Attest: Mary A. Davis, City Clerk Voetberg. Nays—None. Council Member Voetberg moved adoption of the Resolution. Seconded by Council City Manager submitting documentsMember Nicholson. Carried by the following providing for the bidding process for the Kellyvote: Yeas—Mayor Duggan, Council Members Regular Session, August 19, 1996 Buol, Krieg, Michalski, Nicholson, Robbins,Necessity for said improvement has been Voetberg. Nays—None. introduced and is now on file in the City Clerk's office for public inspection. RESOLUTION NO. 305-96NOW THEREFORE, BE IT RESOLVED RESOLUTION OF NECESSITYBY THE CITY COUNCIL OF THE CITY OF Whereas, proposed plans have been dulyDUBUQUE, IOWA: prepared and approved by the City Council ofThat on the 16th day of September, 1996, the City of Dubuque and are now on file in thea public hearing will be held at 7:00 o'clock office of City Clerk showing among otherp.m. in the Public Library Auditorium in the things the plans, specifications, form ofCity of Dubuque at which time the owners of contract, estimated cost and preliminary platproperty subject to assessment for the and schedule showing the amount proposedproposed improvement or any other person to be assessed against each lot and thehaving an interest in the matter may appear valuation of each lot as filed by the Cityand be heard for or against the making of the Council, for the Kelly Lane/Pego Courtimprovement, the boundaries of the district, Sanitary Sewer Extension.the cost, the assessment against any lot, or NOW THEREFORE, BE IT RESOLVEDthe final adoption of a resolution of necessity BY THE CITY COUNCIL OF THE CITY OFand the City Clerk be and is hereby authorized DUBUQUE, IOWA:and directed to cause a notice of time and That the City Council deems it advisableplace of such hearing to be published in a and necessary for the public welfare to makenewspaper having general circulation in the the herein mentioned improvements, andCity of Dubuque, 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 on file with the City Clerk objections to thenot less than ten days prior to the day fixed for resolution of necessity, they shall be deemedits consideration. Unless property owners at to have waived all objections pertaining to thethe time of the final consideration of this regularity of the proceeding and the legality ofproposed resolution have on file with the City using the special assessment procedure.Clerk objections to the Resolution of Necessity Said improvements shall be constructedthey shall be deemed to have waived all and done in accordance with the plans andobjections thereto. specifications which have been approved byPassed, adopted and approved this 19th the City Council and now on file with the Cityday of August, 1996. Clerk. That the cost and expense of makingTerrance M. Duggan, Mayor such improvement will be assessed partially orAttest: Mary A. Davis, City Clerk totally against privately owned property lyingCouncil Member Voetberg moved adoption with the assessment limits, and in an amountof the Resolution. Seconded by Council not to exceed that provided by law, and inMember Nicholson. Carried by the following proportion to the special benefits conferred.vote: Yeas—Mayor Duggan, Council Members The portion of the cost which shall beBuol, Krieg, Michalski, Nicholson, Robbins, borne by the City will be paid from the SanitaryVoetberg. Nays—None. Sewer Construction Fund and special assessment bonds may be issued inRESOLUTION NO. 307-96 anticipation of deferred payments ofRESOLUTION APPROVING assessments when a contract has beenPRELIMINARY SCHEDULE OF performed and accepted, and the proceedsASSESSMENTS thereof used to pay the contractor.NOW THEREFORE, BE IT RESOLVED The above resolution was introduced,BY THE CITY COUNCIL OF THE CITY OF approved and ordered placed on file with theDUBUQUE, IOWA: City Clerk this 19th day of August, 1996.That the attached sheets, 1 to 1 inclusive, Approved and placed on file for final action.are hereby determined to be the schedule of Terrance M. Duggan, Mayorproposed assessments for the Kelly Attest: Mary A. Davis, City ClerkLane/Pego Court Sanitary Sewer Extension Council Member Voetberg moved adoptionand the valuations set out herein are hereby of the Resolution. Seconded by Councilapproved. Member Nicholson. Carried by the followingPassed, approved and adopted this 19th of vote: Yeas—Mayor Duggan, Council MembersAugust, 1996. Buol, Krieg, Michalski, Nicholson, Robbins,Terrance M. Duggan, Mayor Voetberg. Nays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption RESOLUTION NO. 306-96of the Resolution. Seconded by Council FIXING DATE OF HEARING ONMember Nicholson. Carried by the following RESOLUTION OF NECESSITYvote: Yeas—Mayor Duggan, Council Members Whereas, the City Council of the City ofBuol, Krieg, Michalski, Nicholson, Robbins, Dubuque, Iowa, has given its preliminaryVoetberg. Nays—None. approval on the proposed plans, specifications and form of contract and placed same on fileThere being no further business, Council in the office of the City Clerk for publicMember Voetberg moved to adjourn. inspection, for the Kelly Lane/Pego CourtSeconded by Council Member Michalski. Sanitary Sewer Extension Project, and,Carried by the following vote: Yeas—Mayor Whereas, the proposed Resolution ofDuggan, Council Members Buol, Krieg, Regular Session, August 19, 1996 Michalski, Nicholson, Robbins, Voetberg. Nays—None. The meeting adjourned at 9:02 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Adopted , 1997 Mayor Council Members Attest: City Clerk Regular Session, September 16, 1996 : DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Monday, Approved , 1997 September 16, 1996. Council Met at 5:00 p.m., Public Library Adopted , 1997 Auditorium. Present: Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg, Mayor Absent: Council Member Krieg at Roll Call. Mayor Duggan read the call and stated this session is called for the purpose to discuss ‘Options for Mississippi Riverwalk Design.’ Discussion ensued. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Council Members Voetberg. Nays—None. Attest: The meeting adjourned at 6:11 p.m. Mary A. Davis CMC City Clerk City Clerk Regular Session, September 16, 1996 Council Members Buol, Krieg, Michalski, DUBUQUE Nicholson, Robbins, Voetberg. Nays—None. Vernon Haberkorn submitting his CITY COUNCIL resignation from Zoning Advisory Comm. effective Nov. 7, 1996, presented and read. Council Member Voetberg moved that the OFFICIAL communication be received and filed and PROCEEDINGS accepted with regret. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, City Council, Regular Session, September Voetberg. Nays—None. 16, 1996. Council Met at 7:00 p.m., Public Library Rod Tokheim, Chairperson of the Auditorium. Riverfront Development Committee, advising Present: Mayor Duggan, Council Member of their availability for assistance with Buol, Krieg, Michalski, Nicholson, Robbins, implementing improvements along our Voetberg, City Manager Michael Van Milligen, riverfront, presented and read. Council Corporation Counsel Barry Lindahl. Member Voetberg moved that the Mayor Duggan read the call and stated thiscommunication be received and filed. is the Regular Session of the City CouncilSeconded by Council Member Buol. Carried called for the purpose to act upon suchby the following vote: Yeas—Mayor Duggan, business which may properly come before theCouncil Members Buol, Krieg, Michalski, Council.Nicholson, Robbins, Voetberg. Nays—None. Invocation was given by Rev. JosephineCity Manager requesting approval to submit Green, Interim Pastor of Summita Law Enforcement Education Partnership Congregational United Church of Christ.Grant to fund an after school program at Audubon School, presented and read. PROCLAMATIONS: Sept. 22 asCouncil Member Voetberg moved that the “American Business Women’s Day” receivedcommunication be received and filed. by Mary Jo Graham; Sept. 29 as “Crop WalkSeconded by Council Member Buol. Carried Day in Dubuque” received by Sr. Jordanby the following vote: Yeas—Mayor Duggan, Dahm; and October 31st as “Trick or TreatCouncil Members Buol, Krieg, Michalski, Night.”Nicholson, Robbins, Voetberg. Nays—None. City Manager recommending approval to MINUTES SUBMITTED — Cable apply for Enhancement Funding, presented Teleprogramming Comm. of 9-3; Civil Service and read. Council Member Voetberg moved Comm. of 6-5; Environmental Stewardship that the communication be received and filed. Comm. of 9-3; Housing Code Review Task Seconded by Council Member Buol. Carried Force of 8-1 & 8-22; Housing Commission of by the following vote: Yeas—Mayor Duggan, 8-13 & 8-27; Housing Trust Fund Comm. of 8- Council Members Buol, Krieg, Michalski, 22; Long Range Planning Advisory Comm. of Nicholson, Robbins, Voetberg. Nays—None. 8-21; Park & Recreation Comm. of 8-13; Zoning Advisory Comm. of 9-4; Executive RESOLUTION NO. 333-96 Summary Annual Performance Report APPLICATION FOR STATEWIDE Housing Services Dept. for FY 1996; Proof of ENHANCEMENT FUNDING TO THE IOWA Publication of List of Claims Paid and DEPARTMENT OF TRANSPORTATION Summary of Revenues for month ending 7-31- Whereas, the Iowa Department of 96, presented and read. Council Member Transportation has allocated grant funds for Voetberg moved that the minutes, report and the development of pedestrian and bicycle proofs be received and filed. Seconded by Council Member Buol. Carried by thefacilities; following vote: Yeas—Mayor Duggan, CouncilWhereas, the City has an adopted Members Buol, Krieg, Michalski, Nicholson,Riverfront Plan that places high priority on Robbins, Voetberg. Nays—None. hike/bike trail development along the Mississippi River, linking the existing Heritage Notices of Claims/Suits: Greg & CynthiaTrail with the Mines of Spain. Cigrand in amount of $2357.00 for backed upNOW THEREFORE, BE IT RESOLVED sewer damages; Curtis W. Fewell in amountBY THE CITY COUNCIL OF THE CITY OF of $1502.61 for backed up sewer damages;DUBUQUE, IOWA: Steven Gerardy in amount of $1,590 forSection 1. That the Mayor is hereby property damages; Richard P. Haberkorn inauthorized to sign and submit this application amount of $107.64 for tire damages; Janeto the Iowa Department of Transportation for Lindauer in amount of $190 for personalStatewide Transportation Enhancement Funds injuries, presented and read. Council Memberfor construction of the Dubuque Heritage Trail. Voetberg moved that the claims be referred toSection 2. That the City Council authorizes Legal Staff for investigation and report.the City Manager to utilize budgeted Capital Seconded by Council Member Buol. CarriedImprovement Program funds to provide the financial match required by this program by the following vote: Yeas—Mayor Duggan, Regular Session, September 16, 1996 should the application be approved by theBuol, Krieg, Michalski, Nicholson, Robbins, Iowa Department of Transportation.Voetberg. Nays—None. Section 3. That in the event said application is approved, the City Council hereby providesPark & Recreation Commission advising of its written assurance that the completedtheir Park Tour with Council Members to be project will be adequately maintained for itsheld on Sept. 23rd, presented and read. intended public use for a minimum of twentyCouncil Member Voetberg moved that the (20) years following project completion.communication be received and filed. Section 4. That the City of Dubuque agreesSeconded by Council Member Buol. Carried to abide by all local, state and federalby the following vote: Yeas—Mayor Duggan, requirements applicable to the proposedCouncil Members Buol, Krieg, Michalski, projects.Nicholson, Robbins, Voetberg. Nays—None. Passed, approved and adopted this 16th day of September, 1996.City Manager recommending approval on Terrance M. Duggan, Mayoran Agreement with Phillip Ruppel concerning Attest: Mary A. Davis, City Clerkpotential environmental remediation costs for Council Member Voetberg moved adoptionthe City lot at E. 16th St. and Kerper Blvd., of the Resolution. Seconded by Councilpresented and read. Council Member Member Buol. Carried by the following vote:Voetberg moved that the communication be Yeas—Mayor Duggan, Council Membersreceived and filed and approved Agreement. Buol, Krieg, Michalski, Nicholson, Robbins,Seconded by Council Member Buol. Carried Voetberg. Nays—None. by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Zoning Advisory Commission advising theyNicholson, Robbins, Voetberg. Nays—None. have reviewed and approved the proposed change to the Stonehill Care Center’sCity Manager recommending acceptance of conceptual plan, presented and read. Council1995 Asphalt Paving Project, presented and Member Voetberg moved that theread. Council Member Voetberg moved that communication be received and filed.the communication be received and filed. Seconded by Council Member Buol. CarriedSeconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan,by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski,Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None.Nicholson, Robbins, Voetberg. Nays—None. September 9, 1996RESOLUTION NO. 334-96 Honorable Mayor and Members of theACCEPTING IMPROVEMENT City CouncilWhereas, the contract for the 1995 Asphalt In accordance with Chapter 400 of thePaving Project has been completed and the 1995 Code of Iowa, the Civil ServiceCity Manager has examined the work and filed Commission conducted written examinationshis certificate stating that the same has been on December 16, 1995 for the position ofcompleted according to the terms of the POLICE OFFICER Entrance Level for the Citycontract, plans and specifications and of Dubuque. During the weeks betweenrecommends it acceptance. January 16 and February 2, 1996 physicalNOW THEREFORE, BE IT RESOLVED agility tests and oral interviews wereBY THE CITY COUNCIL OF THE CITY OF conducted on eligible applicants by anDUBUQUE, IOWA: interview panel.Section 1. That the recommendation of the In accordance with Chapter 400.11 of theCity Manager be approved and that said 1995 Code of Iowa, as amended, we are nowimprovement be and the same is hereby allowed to certify additional lists at this time,accepted. therefore, we hereby certify this to be theBE IT FURTHER RESOLVED that the City SECOND LIST of applicants, in order of theirTreasurer be and he is hereby directed to pay standing, and are to be considered for theto the contractor from G.O. Bonds, Sales Tax position of Police Officer for the City ofBonds, Parking Construction Fund and Airport Dubuque, Iowa upon exhaustion of the firstConstruction Fund in amount equal to the list.amount of his contract, less any retained James J. O'HaraKurt A. Schreiberpercentage provided for therein. Randy R. HeischBradley L. GreenPassed, approved and adopted this 16th Steven L. McElmeelMark A. Mandersday of September, 1996. Scott a. BaxterColin W. FowlerTerrance M. Duggan, Mayor Robert D. BilligMark J. StelkenAttest: Mary A. Davis, City Clerk Respectfully submitted,Council Member Voetberg moved adoption Merle J. Duehr, Jr., Chairpersonof the Resolution. Seconded by Council Tom Rawson,Member Buol. Carried by the following vote: Civil Service CommissionYeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Council Member Voetberg moved that theVoetberg. Nays—None. above Civil Service certification be made a matter of record. Seconded by CouncilRESOLUTION NO. 335-96 Member Buol. Carried by the following vote:FINAL ESTIMATE Yeas—Mayor Duggan, Council MembersWhereas, the contract for the 1995 Asphalt Regular Session, September 16, 1996 Paving Project has been completed and thesaid final schedule of assessments as City Engineer has submitted his final estimatedeficiencies are found to be proper and levied showing the cost thereof including the cost ofconditionally against the respective properties estimates, notices and inspection and allbenefitted by the improvements as shown in miscellaneous costs;the schedule, subject to the provisions of NOW THEREFORE, BE IT RESOLVEDSection 384.63 of the Code of Iowa. Said BY THE CITY COUNCIL OF THE CITY OFassessments against said lots are hereby DUBUQUE, IOWA:declared to be in proportion to the special Section 1. That the cost of saidbenefits conferred and not in excess of improvement is hereby determined to betwenty-five percent of the value of same. $818,851.84 and the said amount shall beThat the City Clerk be and is hereby paid from G.O. Bonds, Sales Tax Funds,directed to certify said schedule to the County Parking Construction Fund, and AirportTreasurer of Dubuque County, Iowa, and to Construction Fund of the City of Dubuque,publish notice of said certification once each Iowa.week for two consecutive weeks in the manner Passed, approved and adopted this 16thprovided in Section 362.3, the first publication day of September, 1996.of which shall be not more than fifteen days Terrance M. Duggan, Mayorfrom the date of filing of the final schedule. On Attest: Mary A. Davis, City Clerkor before the date of the second publication of Council Member Voetberg moved adoptionthe notice, the City Clerk shall also mail a copy of the Resolution. Seconded by Councilof said notice to property owners whose Member Buol. Carried by the following vote:property is subject to assessment, as provided Yeas—Mayor Duggan, Council Membersand directed in Section 384.60 of the Code of Buol, Krieg, Michalski, Nicholson, Robbins,Iowa. Voetberg. Nays—None. That assessments may be paid in full or in part without interest at the office of the County City Manager recommending approval ofTreasurer, at any time within 30 days after the Final Assessment Schedule for 1995date of the first publication of this notice of the Concrete Paving Project (Walnut & Wilsonfiling of the final schedule of assessments Streets), presented and read. Council Memberwith the County Treasurer. After 30 days Voetberg moved that the communication beunpaid assessments of $50.00 or more are received and filed. Seconded by Councilpayable in 10 annual installments and will Member Buol. Carried by the following vote:draw annual interest at 9 percent Yeas—Mayor Duggan, Council Members(commencing on the date of acceptance of the Buol, Krieg, Michalski, Nicholson, Robbins,work) computed to the December 1 next Voetberg. Nays—None. following the due dates of the respective installments as provided in Section 384.65 of RESOLUTION NO. 336-96the Code of Iowa. Each installment will be A RESOLUTION ADOPTING THE FINALdelinquent from October 1 following its due ASSESSMENT SCHEDULE FOR THEdate on July 1 of each year. Property owners 1995 PORTLAND CEMENT CONCRETEmay elect to pay any annual installments PAVING PROJECT INCLUDINGsemiannually in advance. CERTAIN INFORMATION REQUIREDPassed, approved and adopted this 16th BY THE CODE OF IOWA,day of September, 1996. SPECIFICALLY, THE NUMBER OFTerrance M. Duggan, Mayor ANNUAL INSTALLMENTS INTO WHICHAttest: Mary A. Davis, City Clerk ASSESSMENTS ARE DIVIDED, THECITY OF DUBUQUE, IOWA INTEREST ON ALL UNPAIDSCHEDULE OF FINAL ASSESSMENTS INSTALLMENTS, THE TIME WHEN THECITY OF DUBUQUE ASSESSMENTS ARE PAYABLE AND1995 DIRECTING THE CLERK TO CERTIFYP.C. CONCRETE PAVING PROJECT THE FINAL SCHEDULE AND TOCITY OF DUBUQUE, IOWA PUBLISH NOTICE THEREOF.SCHEDULE OF VALUATION AND NOW THEREFORE, BE IT RESOLVEDPROPOSED ASSESSMENTS BY THE CITY COUNCIL OF THE CITY OFWILSON STREET - FIFTH STREET DUBUQUE, IOWA: TO ELEVENTH STREET That after full consideration of the finalThe following schedule is hereby schedule of assessments and accompanyingdetermined to show each lot proposed to be plat showing the assessments proposed to beassessed for the improvement shown in the made for the construction of the 1995 Portlandtitle together with the amount proposed to be Cement Concrete Paving Project underassessed against each lot and the valuations contract with Sporule Construction of Galena,show opposite each lot are hereby fixed as the Illinois, which final plat and schedule weretrue valuations of such lots by the City Council filed in the office of the City Clerk on the 11thof the City of Dubuque. day of September, 1996, the said schedule ofOWNERLOT DESCRIPTION GROSS assessments be and the same is herebyASSESSMENTWATER SERVICE approved and adopted.ASSESSMENTTOTAL NET That there be, and is hereby assessed andASSESSMENTU levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown inWILSON'S SUBDIVISION Regular Session, September 16, 1996 Mittvalsky, Edward Charles III & ChrisBauerly, James W. & M. KathryneLot 1-Lot 17$1,584.92$1,584.926$901.45$901.45 Mittvalsky, Edward Charles III & Chris1-Lot 18Loney, Mark J. & Deborah A. W/1-17W/1-17.½-Lot 5$452.24$277.93$730.17 Mittvalsky, Edward Charles III & ChrisLonergan, Chris & Michelle L. 2-Lot 17$717.53$393.15$324.38S.½-Lot 5$453.37$453.37 Mittvalsky, Edward Charles III & ChrisHealey, Joseph 2-Lot 18W/2-17W/2-17 E.1-Lot 4$415.34$415.34 Scott Stephen W.Healey, Joseph E. Lot 20$707.31$486.13$1,193.442-Lot 4$378.06$378.06 Gaherty, Russell J.Nelson, John E. & Jacalyn M. Lot 21$707.31$459.26$1,166.572-Lot 3 $380.52$277.94$658.45 Manemann, Michael J.S.40'-Lot 22Nelson, John E. & Jacalyn M. $565.77$472.70$1,038.471-Lot 3$415.72$277.93$693.65 Mootz, Wayne A. & Michael G.Kramer, Roger E. & Barbara L. Lot 23$848.85$459.26$1,308.11Lot 2$799.65$284.65$1,084.30 Mootz, Wayne A. & Michael G.S. & S. Investments W/23W/23W/23W/23Lot 1$811.38$811.38 Knefel, Donald & Mary AnneS.40'-Lot 24CUMMINS SUBDIVISION $565.77$472.70$1,038.47Sudmeier, James A. & Helene K. Hunstad, Robert A. & JoAnnLot 25Lot 22$633.88$633.88 $848.85$848.85CITY LOT 738 Hunstad, Robert A. & JoAnnFelderman, Mark A. & Michelle M. W/25W/25W.64.’5-Lot 2 $563.88$563.88 Duehr, Scott W. & Kelly M.Wainwright, Jeremy D. Lot 26$707.31$459.36$1,166.57W.35'-E.73'-Lot 2$141.54$$141.54 Davis, Timothy R. & Christy M.Lot 27Fisch, Robert F. & Marion C. $707.31$459.26$1,166.57 E.38'-E.73'-Lot 2$108.99$108.99 Buelow, Allan AnthonyLot 28Fisch, Robert F. & Marion C. $707.31$459.26$1,166.57 2-2-Lot 1W/E.38'-E.73'-2 Eppler, Roger E. & Shirley A.Lot 29W/E.38'-E.73'-2 $707.31$707.31Elliott, Lyle Sr. & Anna M. Chapman, Milton E. & Corrine E.Lot 301-2-Lot 3$663.22$663.22 $707.31$479.41$1,186.72Elliott, Lyle Sr. & Anna M. KEOGH’S SUBDIVISION3-Lot 3$33.11$33.11 Pfab, Richard W. & Sandra M.Furrer, Gary J. 1-Lot 1 & Lot 1ALot 11$447.13$447.13 $861.52$298.08$1,159.60Furrer, Gary J. Williams, Susan C.W.7.5'-3-2-Lot 3 W/11W/11 Lot 2$1,295.79$1,295.79Furrer, Gary J. Balk, Rodney J. & Lovonne A.4-2-Lot 3W/11W/11 1-Lot 3$861.90$338.38$1,200.28Voetberg, Dirk N. & Pamela J. Gibbs, JimLot 42-2-Lot 3$55.06$55.06 $1,084.05$298.08$1,382.13Voetberg, Dirk N. & Pamela J. Gibbs, Jim2-Lot 3W/4W/4W/4E.42'-3-2-Lot 3W/2-2-3W/2-2-3 Houselog, Donald A. & Julie A.Voetberg, Dirk N. & Pamela J. Lot 5$1,049.69$284.65$1,329.34Lot 10$163.11$163.11 Mobley’s Dubuque #1 SubdivisionBechen, Vicki Nerney, Alvin H. & Diane T.Lot 9$112.59$112.59 Lot 3$2,604.25$257.78$2,862.03Bechen, Vicki Nerney, Alvin H. & Diane T.W.3'-Lot 8W/9W/9 Lot 2W/3W/3W/3MOBLEY’S DUBUQUE #1 SUBDIVISION CAINS SUBDIVISIONRuden, Leroy P. & Carol Haas, Clair L. & Mary C.N.Pt.-Lot 5$1,073.64$452.55$1,526.19 Lot 8$1,291.25$1,291.24Peter, John D. & Welborn Lori J. Leonard, Wilbur P.S. 59'-Lot 5$732.66$732.66 Lot 9$788.29$788.29Peter, John D. & Welborn Lori J. Huinker, David E. & Remakel Elaine M.2-Lot 6 (Except NW 9.56) Lot 10$785.08$486.13$1,271.21W/S.59'-5W/S.,59'-5 Chapman, Richard M. & JayneHill, Lawrence R. & Diane R. Lot 11$897.29$539.86$1,437.152-Lot 6 (NW 9.56') $3.78$.378 Hird, Phillip W. & Margaret A.Budde-Bandy Debbie J & Bandy Charles 1-Lot Lot 12$893.31$593.58$1,486.896$1,131.95$1,131.92 Shanahan, Thomas J. & Mary R.Budde-Bandy Debbie J. & Bandy Charles 1- Lot 13$864.55$865.55Lot 7W/1-6W/1-6 Bruce, Leona F.Lot 15Moffat Virginia S.2-Lot 7 $660.74$660.74W/1-1 Kelly’sW/1-1 Kelly’s Kloser, Delores A.Lot 1-16COLLINS SUBDIVISION $727.92$727.92Agnitsch Michael J. Kirk, Karen S.Lot 71-Lot 6$758.97$758.97 $864.55$865.55Peter John D. & Welborn Lori J. Regular Session, September 16, 1996 2-Lot 6W/S 59'-5 Mobley’s$499.56W/9 W/S.59'-5 Mobley’sKisting, DanaLot 10 Budde-Bandy Debbie Jean & Bandy C. 1-Lot$1,085.94$499.56$1,585.50 1 W/1-6 Mobley’sW/1-6 Mobley’sKisting, DanaN.6'-Lot 11W/10W/10 Moffat, Virginia S.2-Lot 1W/1Mulgrew Joseph G. & Marcia E.S.44'-Lot -1 Kelly’sW/1-1 Kelly’s11$1,202.31$512.99$1,715.30 BELL’S SUBDIVISIONMulgrew Joseph G. & Marcia E. Young John F. & Kay M.N.18'-Lot 12W/S.44'-11W/S.44'-11 Lot B$1, 293.52$452.55$1,746.07Nauman GaryS.32'-Lot 12 Gibbs, Robert F. & Norma M.$620.46$526.42$1,146.88 1-Lot A750.64$412.55$1,162.89Golden James J. & Audrey J. Gibbs, Robert F. & Norma M.Lot 13$969.57$526.42$1,495.99 2-Lot A$481.95$481.95Smith Timothy P. & Ronald J. COLLIN’S SUBDIVISIONLot 14$969.57$499.56$1,469.13 Schadl Martin J. & Lisa M.2-Lot 9Duetmeyer, Dirk D. & Rhonda S. $1,010.82$405.54 $1,416.36Lot 15$1265.32$526.42$1,791.74 Schadl Martin J. & Lisa M.Besch, Anna H. 1-Lot 4W/2-9W/2-9Lot 16$928.70$928.70 Schadl Martin J. & Lisa M.MINERAL LOT 78 1-Lot 3W/2-9W/2-9Besch, Anna H. KELLY’S SUBDIVISION2-2-M.L.78W/16 Kelly’sW/16 Kelly’s Moffatt Virginia S.1-Lot 1D.M.T. Investments Inc. $399.82$399.821-2-M.L.78$686.38$686.38 Nolan David L. & Joann E.D.M.T. Investments Inc. Lot 2$206.44$206.441-M.L.78$458.50$458.50 Nolan David L. & Joann E.HEDLEY’S SUBDIVISION 2-Lot 1W/2-9W/29Steffen Robert B. Jr & Angel Wild Carl L. & Velma H.Lot 7$193.95$193.95 Lot 3$121.48$121.48White Richard Henkel Richard A. & Judith A.Lot 6$108.40$108.40 Lot 4$50.33$50.33Ehlers Kevin E. & Sandra M. Wallace Thomas J. & Anne M.2-Lot 9$103.13$103.13 S.175.5'-Lot 30$374.66$374.66Ehlers Kevin E. & Sandra M. Sisler, Elmer & Helen M.1-Lot 9$35.20$35.20 W. 47'-S.175.5'-Lot 29Heartland Investments of IA $175.60$175.601-N.½-Lot 33$119.02$119.02 Sullivan, Denise D.S.85.5-W.22'-Lot 28Heartland Investments of IA $65.47$65.47S.½-Lot 33$123.18$123.18 Sullivan, Denise D.E.3'-S.175.5'-Lot 29Heartland Investments of IA W/S85.5"-W22'-282-N.½-Lot 33W/S.½-33 Sullivan, Denise D.S.90'-N.100'-W.22'Lot 28Walsh John & Kathleen W/S85.5'-W22'281-N.2/3-Lot 34$158.76$158.76 Bottomly, James W. & Janice E.S.139'-E.28'-City of DubuqueW.½-1-S.1/3-Lot 34 & 35 Lot 28$63.77$63.77$124.82$124.82 Bottomly, James W. & Janice E.City of DubuqueW.127.5'-1-2-S.1/3-Lot 34 & N.46.5'-E.28'-Lot 28W/S 139'-E28'-2835$118.27$118.27 Bottomly, James W. & Janice E.City of DubuqueW.½-2-2-S.1/3-Lot 34 & 35 Bal.-N.46.5'-E.28'-Lot 28W/S139'-E28'-28$117.42$117.42 W/S139'-E28'-29City of DubuqueW.½-N.½-Lot 36 Jaegar Anthony & Anne M$134.32$134.32 Lot 27$20.97$10.97City of DubuqueW.½-S.½-Lot 36 WILSON’S SUBDIVISION$134.32$134.32 Hayes Lucy V.W.73'-S.27'6"-Lot 2City of DubuqueW.½-2-Lot 37 $453.94$453.94$170.22$170.22 Foht Carolyn K. E.33'-S.27'6"-City of Dubuque1-1-Lot 37 Lot 2$79.28$79.28$95.67$95.67 Mootz Wayne A.Lot 3 CITY LOT 735 $969.57$459.26$1,428.83D.M.T. Investments Inc.1-1-1-2-C.L.735 Frost Jean M.Lot 4$563.05$563.05 $969.57$465.98$1,435.55TOTAL GROSS ASSESS$58,028.86 Kaufman Viola C.Lot 5TOTAL DEFICIENCY ASSESS.$393.15 $969.57$472.70$1,442.27TOTAL NET PAVING ASSESS.57,635.71 Bechen Donald D. & Grace E.TOTAL WATER SERVICE Lot 6$969.57$472.70$1,442.27 ASSESS. $18,602.48 Schissel, John PaulLot 7TOTAL NET ASSESS.$76,237.19 $969.57$499.56$1,469.13CITY OF DUBUQUE, IOWA Kisting, DanaN.44'-Lot 8SCHEDULE OF VALUATION AND $853.20$853.20PROPOSED ASSESSMENTS Kisting, DanaLot 9WALNUT STREET - UNIVERSITY AVENUE $1,085.94$472.70$2,058.20TO LORAS BOULEVARD Kisting, DanaS.6'-Lot 8W/9The following schedule is hereby Regular Session, September 16, 1996 determined to show each lot proposed to beW/W.14'-18W/W.14'18 assessed for the improvement shown in theCallahan Helen A. E.36'-Lot 18 title together with the amount proposed to be$25.32$25.32 assessed against each lot and the valuationsWeiner Craig J.Lot 42 shown opposite each lot are hereby fixed as$875.02$875.02 the true valuations of such lots by the CityWeiner Craig J.W.29'-Lot 41W/42W/42 Council of the City of Dubuque.City of DubuqueLot 40 OWNERLOT DESCRIPTION GROSS$391.95$391.95 ASSESSMENTDEFICIENCY ASSESS.City of DubuqueE.21'-Lot 41 WATER SERVICE ASSESSMENT W/40W/40 SIDEWALK ASSESSMENT TOTAL NETCity of DubuqueLot 39 ASSESSMENTW/40W/40 A. MCDANIEL’S SUBDIVISIONCITY LOT 738 Murray Francis RogerWeiner Craig J.Lot 4 W. 31.75'-W.½-N.88'-Lot 783$1,151.58$324.94$1,476.52 $922.82$377.20$1,300.02Weiner Craig J.Lot 2-5 Murray Francis RogerW/4W/4 E.65-W.½-N.88'-Lot 783Edwards Harmon V. Jr. & Viva E.Lot 1-5 $605.03$605.03$465.07$465.07 Stenlund Roger R. & Paula MHoffmann William J. Jr.E.50'-Lot 6 W.103'-Lot 782$1576.47$209.80$209.80 $423.20$1999.67Lynch Kelly AnnW.30'-Lot 6 Stenlund Roger R. & Paula M.$67.14$67.14 Lot 781$2,815.02$2,815.02Lynch Kelly AnnLot 7 Stenlund Roger R. & Paula M.$30.77$30.77 Lot 780W/781W/781P. & H. Investments2-1-1-Lot 3 Breitbach Robert L & Catherine R.$1,859.99$284.65$2,144.64 Lot 779$2,983.96P. & H. Investments1-1-1-Lot 3 $405.54$3,389.52W/2-1-1-3W/2-1-1-3 Breitbach Robert L. & Catherine R.Elliott Lyle & Ann M.3-Lot 3 Lot 778W/779W/779$23.08$23.08 HERINGTON’S SUBDIVISIONJohnson Charles M. & Mary J.2-1-Lot 3 Breitbach Robert L. & Catherine R.$688.72$688.72 Lot 5$760.05$760.05Howard David C. & Linda J.1-Lot-1 Swift Charles M. & Ealge Debra D.$2,207.00$291.36$2,498.36 Lot 4$1,532.83$1,532.83Duster Gary J. & Patricia K.1-2-Lot 1 Preudhomme Eric B. & Maureen E.$89.80$89.80 Lot 3$578.50$578.50CUMMINS SUBDIVISION FARLEYS SUBDIVISIONCook Steven J. & Paula JLot 12 Brenke Fred Charles$769.28$351.81$1,121.09 N.½-Lot 14$776.28$776.28Mueller Robert E. & Sharon M.Lot 1-11 Brenke Fred Charles$542.13$542.13 N.½-Lot 13W/S.½-14W/N.½-14Mueller Robert E. & Sharon M.Lot 2-2-11 S.B.M. Investments, Inc.S.½-Lot 14W/1-11W/1-11 $776.28$365.24$1,141.52Mueller Robert E. & Sharon M.2-S.19'-Lot 10 S.B.M. Investments, Inc.W/1-11W/1-11 S.½ -Lot 13W/W.½-14W/S./2-14Mueller Robert E. & Sharon M.1-2-Lot 11 S.B.M. Investments, Inc.$492.90$492.90 Lot 12$232.88$232.88Mueller Robert E. & Sharon M.1-S.19'-Lot 10 Ruh Earl & MaryW.½-Lot 11W/1-2-11W/1-2-11 $64.34$64.34Beauchamp DeloresN.36'-Lot 10 Maiers & Schmitt Apts.N.68'-Lot 15$503.53$358.51$862.05 $892.09$892.09Maiers Terrance J.S.½-Lot 9 Maiers & Schmitt Apts.N.68'-W.36'-Lot 16$384.64$365.24$749.88 W/N.68'-15W/N.68'-15Maiers Terrance J.N.½-Lot 9 Pfab Sandra M.S.43'-Lot 15$384.64$384.64 $564.23$338.38$902.61McClain Bob H. Jr. & Karen1-1-Lot 8 Pfab Sandra M.$286.03$324.94$610.97 S.43'-W.36'-Lot 16Hess Owen C. & Susan K. 2-1-Lot 8 W/S 43.15 W/S.43-15$227.15$311.51$538.66 Stecklein MaryE.14'-Lot 16Conner James S.2-Lot 8 $134.13$298.08$432.21$253.16$253.16 Stecklein Mary2-W.½-Lot 17W/E.14'16Fiegen Christopher L.S.½-Lot 7 W/E.14'-16$575.00$575.00 Stecklein Mary1-W.½-Lot 17Cline Ryan M.N.½-Lot 7 $103.50$103.50$575.00$385.39$960.39 Swift Thomas II & June Krohn1-E.½-Lot 17Weiner James F. & Patricia A.Lot 6 $72.73$72.73$427.86$427.86 Swift Thomas II & June KrohnW.14'-Lot 18Menadue Thomas D.Lot 5 $58.47$58.47$223.37$223.37 Swift Thomas II & June Krohn2-E.½-Lot 17Banworth Harold A. & Virginia Regular Session, September 16, 1996 Lot 4$58.33$58.33Dubuque, Iowa (City) was awarded a F.E. BISSELLS SUBDIVISION$200,000 loan from the Community Economic Felderman Mark A. & Michelle M.Lot 8Betterment Account (CEBA) program by the $805.93$805.93Iowa Department of Economic Development Felderman Mark A. & Michelle M.Lot 9titled Loan Number 93-CEBA-066; and w/8W/8Whereas, on May 16, 1994, the City Wortley Dorothy P.Lot 10accepted the Loan Agreement with Eagle $386.04$257.78$643.82Point Corporation (Business) by Resolution Hanson Michael D. Sr. & Tammy Lot 11No. 176-94; and $772.08$284.65$1056.73Whereas, the CEBA loan funds were not Hanson Michael D. Sr. & TammyLot 12drawn down from the Iowa Department of W/11W/11Economic Development (IDED) until October Connolly John M. & Judy M.Lot 1324, 1994; and $579.06$240.99$820.05Whereas, the original intent of the award Connolly John M. & Judy M.S,1.2-Lot 14was for the business to utilize CEBA funds for W/13W/13a full year before any repayments become Bonifazi Arthur W.Lot 15due; and $579.06$247.05$826.11Whereas, IDED has proposed to amend Bonifazi Arthur W.N.½-Lot 14the loan repayment schedule by commencing W/15W/15payment one year later than originally CITY LOT 740scheduled, with final loan repayment on Bonifazi Arthur W.E.150'-Lot 5 December 15, 2001; and $643.40$643.40Whereas, Business has approved the Gaffey Thomas A. & Lynne M.E.125'-Lot 4amendment as hereto proposed. $1326.94$414.00$1,740.94NOW, THEREFORE, BE IT RESOLVED Gaffey Thomas A. & Lynne M. & BY THE CITY COUNCIL OF THE CITY OF Mai James R.S.20'-M.75.5'-Lot 4DUBUQUE, IOWA: $30.49$30.49Section 1. That the Mayor and City Clerk be Mai James R.Lot 2and he is hereby authorized to sign the $250.23$250.23attached amendment and to forward it to the Mai James R.N.67'-M.5.5'-Lot 4State of Iowa, Department of Economic W/2W/2Development. Gaffey Thomas A. & Lynne M.W. 0'-Lot 3Passed, approved and adopted this 16th $281.56$281.56day of September, 1996. Hesseling Richard A. & Jean M.E.75'-Lot 3Terrance M. Duggan, Mayor $1,197.98$414.00$1,611.98Attest: Mary A. Davis, City Clerk TOTAL GROSS ASSESSMENTCouncil Member Voetberg moved adoption $36,090.66of the Resolution. Seconded by Council TOTAL NET PAVING ASSESSMENT Member Buol. Carried by the following vote: $36,090.66Yeas—Mayor Duggan, Council Members TOTAL WATER SERVICE ASSESSMENTBuol, Krieg, Michalski, Nicholson, Robbins, $5,436.07Voetberg. Nays—None. TOTAL SIDEWALK ASSESSMENT $1,628.40City Manager supporting Project Concern TOTAL NET ASSESSMENT $43,155.13for funding for Dubuque Interfaith Caregiver’s Council Member Voetberg moved adoptionLifeline of Care, presented and read. Council of the Resolution. Seconded by CouncilMember Voetberg moved that the Member Buol. Carried by the following vote:communication be received and filed. Yeas—Mayor Duggan, Council MembersSeconded by Council Member Buol. Carried Buol, Krieg, Michalski, Nicholson, Robbins,by the following vote: Yeas—Mayor Duggan, Voetberg. Nays—None. Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. City Manager recommending approval of CEBA Loan Agreement for Eagle PointCity Manager recommending submission of Engineering, presented and read. CouncilGrantee Performance Report, presented and Member Voetberg moved that theread. Council Member Voetberg moved that communication be received and filed.the communication be received and filed. Seconded by Council Member Buol. CarriedSeconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan,by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski,Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None.Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 337-96RESOLUTION NO. 338-96 RESOLUTION AMENDING A COMMUNITYRESOLUTION AUTHORIZING THE ECONOMIC BETTERMENT ACCOUNTSUBMISSION OF A GRANTEE (CEBA) LOAN AGREEMENT AMONG THEPERFORMANCE REPORT FOR THE CITY OF DUBUQUE, IOWA, THE IOWAPERIOD COMMENCING JULY 1, 1995 AND DEPARTMENT OF ECONOMICCONCLUDING JUNE 30, 1996 DEVELOPMENT AND EAGLE POINTWhereas, the City of Dubuque, Iowa, is an ENGINEERINGentitlement grant recipient under the Whereas, on July 15, 1993, the City ofCommunity Development Block Grant (CDBG) Regular Session, September 16, 1996 Program of the U.S. Department of HousingNOW, THEREFORE, BE IT RESOLVED and Urban Development (HUD); andBY THE CITY COUNCIL OF THE CITY OF Whereas, the CDBG regulations requireDUBUQUE, IOWA: that no later than ninety (90) days after theThat the Manager be authorized to cause to completion of a program year, eachbe issued the following named applicants a entitlement recipient must submit aBeer Permit. performance and evaluation report, GranteeCLASS "C" BEER PERMIT Performance Report (GPR); and,Rainbo Oil CompanyKwik Stop Food Mart Whereas, the City has 1) prepared a GPR +(Sunday Sales)2360 Central Ave for the program year commencing July 1,Passed, approved and adopted this 16th 1995 and concluding June 30, 1996; 2)day of September, 1996. published notice of availability of the GPR inTerrance M. Duggan, Mayor the Telegraph Herald on August 19, 1996 andAttest: Mary A Davis, City Clerk in the Dubuque Advertiser on August 21,Council Member Voetberg moved adoption 1996; 3)made copies of the GPR available forof the Resolution. Seconded by Council public review at the Public Library, City Hall,Member Buol. Carried by the following vote: and Housing Services Yeas—Mayor Duggan, Council Members Department; and, 4) held a public hearingBuol, Krieg, Michalski, Nicholson, Robbins, pursuant to published notice before theVoetberg. Nays—None. Community Development Advisory Commission on September 5, 1996; andRESOLUTION NO. 340-96 Whereas, the Community DevelopmentWhereas, applications for Liquor Licenses Commission has voted to approve the GPRhave been submitted to this Council for and to recommend City Council approval.approval and the same have been examined NOW, THEREFORE, BE IT RESOLVEDand approved; and BY THE CITY COUNCIL OF THE CITY OFWhereas, the premises to be occupied by DUBUQUE, IOWA:such applicants were inspected and found to Section 1. That the Grantee Performancecomply with the State Laws and all City Report for the period commencing July 1,Ordinances relevant thereto and they have 1995 and concluding June 30, 1996, a copy offiled proper bonds. which is attached, is hereby approved forNOW, THEREFORE, BE IT RESOLVED submission.BY THE CITY COUNCIL OF THE CITY OF Section 2. That the Mayor of the City ofDUBUQUE, IOWA: Dubuque is hereby authorized and directed toThat the Manager be authorized to cause to execute the Grantee Performance Report onbe issued the following named applicants behalf of the City of Dubuque, Iowa.a Liquor License. Section 3. That the City Manager is herebyCLASS "C" COMMERCIAL authorized and directed to submit the Grantee BEER/LIQUOR LICENSE Performance Report to the U.S. Department ofLeRoy MillerWhitey's Bar X Housing and Urban Development.+(Sunday Sales)2616 Windsor Ave Passed, approved and adopted this 16thAngela MangenoAngie's day of September, 1996. +(Sunday Sales)1401 Elm St Terrance M. Duggan, MayorDonald B. MeyerAdmiral's Hi-Hat Attest: Mary A. Davis, City Clerk +(Sunday Sales)253 Main St Council Member Voetberg moved adoptionMelody A. CrockerKing of Clubs of the Resolution. Seconded by Council+(Sunday Sales)1902 Central Ave Member Buol. Carried by the following vote:P.M.S.T.Happy's Place Yeas—Mayor Duggan, Council Members+(Sunday Sales)2323 Rockdale Rd Buol, Krieg, Michalski, Nicholson, Robbins,C Meyers & L TottTott's Tap (1 day only Voetberg. Nays—None. Outdoor Serv)3457 Jackson St Passed, approved and adopted this 16th City Manager recommending approval ofday of September, 1996. Fiscal Year 1996 Carryover Appropriations,Terrance M. Duggan, Mayor presented and read. Council MemberAttest: Mary A. Davis, City Clerk Voetberg moved that the communication beCouncil Member Voetberg moved adoption received and filed and recommendationof the Resolution. Seconded by Council approved. Seconded by Council Member Buol.Member Buol. Carried by the following vote: Carried by the following vote: Yeas—MayorYeas—Mayor Duggan, Council Members Duggan, Council Members Buol, Krieg,Buol, Krieg, Michalski, Nicholson, Robbins, Michalski, Nicholson, Robbins, Voetberg.Voetberg. Nays—None. Nays—None. BOARDS AND COMMISSIONS - RESOLUTION NO. 339-96APPLICANTS WERE INVITED TO Whereas, applications for Beer PermitsEXPRESS THEIR DESIRE TO SERVE. have been submitted and filed to this Council for approval and the same have beenENVIRONMENTAL STEWARDSHIP examined and approved; and COMMISSION: Applicants: Rachel Shultz Whereas, the premises to be occupied by(representing Youth) and Paul Tabor. Paul such applicants were inspected and found toTabor and Rachel Schultz both spoke comply with the Ordinances of this City andrequesting reappointment. have filed proper bonds. Regular Session, September 16, 1996 APPOINTMENTS ARE TO BE MADE ATAttest: Mary A. Davis, City Clerk THIS MEETING.Council Member Buol moved adoption of the Resolution. Seconded by Council Member CIVIL SERVICE COMMISSION: Applicant -Krieg. Carried by the following vote: Loras Kluesner. Mayor Duggan stated thatYeas—Mayor Duggan, Council Members Loras Kluesner be appointed to the CivilBuol, Krieg, Michalski, Nicholson, Robbins, Service Comm. to fill the unexpired term (ofVoetberg. Nays—None. John Markham) which will expire 3-31-2000. Council member Krieg moved that they concurRESOLUTION NO. 342-96 with the Mayor’s appointment of LorasRESOLUTION WITH RESPECT TO THE Kluesner. Seconded by Council MemberADOPTION OF THE RESOLUTION OF Nicholson. Carried by the following vote:NECESSITY PROPOSED FOR THE KELLY Yeas—Mayor Duggan, Council MembersLANE/PEGO COURT SANITARY SEWER Buol, Krieg, Michalski, Nicholson, Robbins,EXTENSION Voetberg. Nays—None. Whereas, the City Council has proposed a Resolution of Necessity for the Kelly HISTORICAL PRESERVATIONLane/Pego Court Sanitary Sewer Extension, COMMISSION: Applicant - Kevin Eipperlehas given notice of the public hearing thereon representing At Large/Architect. as required by law; and Council Member Voetberg moved toWhereas, the public hearing has been held, reappoint Kevin Eipperle to the Historicall persons offering objections have been Preservation Commission for a three year termheard and consideration given to all objections which will expire 7-1-99. Seconded by Counciland is pending before this Council; and Member Buol. Carried by the following vote:Whereas, this is the time and place set as Yeas—Mayor Duggan, Council Membersprovided for the taking of action on the Buol, Krieg, Michalski, Nicholson, Robbins,proposed Resolution of Necessity. Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Council Member Voetberg moved toDUBUQUE, IOWA: suspend the rules to allow anyone present toThat the proposed Resolution of Necessity address the Council. Seconded by Councildescribed above is hereby: Member Robbins. Carried by the followingAdopted, without amendment, and all vote: Yeas—Mayor Duggan, Council Membersobjections filed or made having been dully Buol, Krieg, Michalski, Nicholson, Robbins,considered are overruled. Voetberg. Nays—None. Passed, adopted and approved this 16th day of September, 1996. Proofs of publication, certified to by theTerrance M. Duggan, Mayor Publisher on Notice of Hearing on Plans andAttest: Mary A. Davis, City Clerk Specifications for the Kelly Lane - Pego CourtCouncil Member Buol moved adoption of Sanitary Sewer Extension and Notice tothe Resolution. Seconded by Council Member property owners advising of Hearing onKrieg. Carried by the following vote: Resolution of Necessity, presented and read.Yeas—Mayor Duggan, Council Members Council Member Buol moved that the proof beBuol, Krieg, Michalski, Nicholson, Robbins, received and filed. Seconded by CouncilVoetberg. Nays—None. Member Krieg. Carried by the following vote: Yeas—Mayor Duggan, Council MembersRESOLUTION NO. 343-96 Buol, Krieg, Michalski, Nicholson, Robbins,ORDERING BIDS Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RESOLUTION NO. 341-96DUBUQUE, IOWA: RESOLUTION ADOPTING PLANSThat the Kelly Lane/Pego Court Sanitary AND SPECIFICATIONSSewer Extension is hereby ordered to be Whereas, on the 15th of August, 1996,advertised for bids for construction. plans, specifications, form of contract andBE IT FURTHER RESOLVED, that the estimated cost were filed with the City Clerk ofamount of the security to accompany each bid Dubuque, Iowa for the Kelly Lane/Pego Courtshall be in an amount which shall conform to Sanitary Sewer Extension.the provisions of the notice to bidders hereby Whereas, notice of hearing on plans,approved as a part of the plans and specifications, form of contract, and estimatedspecifications heretofore adopted. cost was published as required by law.That the City Clerk is hereby directed to NOW THEREFORE, BE IT RESOLVEDadvertise for bids for the construction of the BY THE CITY COUNCIL OF THE CITY OFimprovements herein provided, to be published DUBUQUE, IOWA:in a newspaper having general circulation in That the said plans, specifications, form ofthe City of Dubuque, Iowa, which notice shall contract and estimated cost are herebynot be less than four days nor more than approved as the plans, specifications, form oftwenty days prior to the receipt of said bids at contract and estimated cost for said2:00 p.m. on the 24th of September, 1996. improvements for said project.Bids shall be opened and read by the City Passed, adopted and approved this 16thClerk at said time and will be submitted to the day of September, 1996.Council for final action at 7:00 p.m. on the 7th Terrance M. Duggan, Mayorof October, 1996. Regular Session, September 16, 1996 Passed, adopted and approved this 16thpublished in a newspaper published in the City day of September, 1996.of Dubuque, Iowa on the September 5, 1996. Terrance M. Duggan, MayorWhereas, said sealed proposals were Attest: Mary A. Davis, City Clerkopened and read on the September 11, 1996 Council Member Buol moved adoption ofand it has been determined that the bid of the Resolution. Seconded by Council MemberConnolly Construction of Peosta, Iowa in the Krieg. Carried by the following vote:amount of $24,527.55 was the lowest bid for Yeas—Mayor Duggan, Council Membersthe furnishings of all labor and materials and Buol, Krieg, Michalski, Nicholson, Robbins,performing the work as provided for in the Voetberg. Nays—None. plans and specifications. NOW THEREFORE, BE IT RESOLVED Proof of publication certified to by theBY THE CITY COUNCIL OF THE CITY OF Publisher on Notice of Hearing on plans andDUBUQUE, IOWA: specifications for Kaufmann Avenue StormThat the contract for the above Sewer Extension, presented and read. Councilimprovement be awarded to Connolly Member Robbins moved that the proof beConstruction and the Manager be and is received and filed. Seconded by Councilhereby directed to execute a contract on Member Nicholson. Carried by the followingbehalf of the City of Dubuque for the complete vote: Yeas—Mayor Duggan, Council Membersperformance of the work. Buol, Krieg, Michalski, Nicholson, Robbins,BE IT FURTHER RESOLVED: Voetberg. Nays—None. That upon the signing of said contract and the approval of the contractor's bond, the City RESOLUTION NO. 344-96Treasurer is authorized and instructed to RESOLUTION ADOPTING PLANSreturn the bid deposits of the unsuccessful AND SPECIFICATIONSbidders. Whereas, on the 29th of August, 1996,Passed, approved and adopted this 16th plans, specifications, form of contract andday of September, 1996. estimated cost were filed with the City Clerk ofTerrance M. Duggan, Mayor Dubuque, Iowa for the Kaufmann AvenueAttest: Mary A. Davis, City Clerk Storm Sewer Extension. Council Member Robbins moved adoption Whereas, notice of hearing on plans,of the Resolution. Seconded by Council specifications, form of contract, and estimatedMember Nicholson. Carried by the following cost was published as required by law.vote: Yeas—Mayor Duggan, Council Members NOW THEREFORE, BE IT RESOLVEDBuol, Krieg, Michalski, Nicholson, Robbins, BY THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None. DUBUQUE, IOWA: That the said plans, specifications, form ofProof of publication certified to by the contract and estimated cost are herebyPublisher on Notice of Hearing on Plans and approved as the plans, specifications, form ofSpecifications for 11th Street Historical contract and estimated cost for saidNeighborhood Ornamental Railing on Grove improvements for said project.Terrace between 12th Street and 11th Street, Passed, adopted and approved this 16thpresented and read. Council Member day of September, 1996.Voetberg moved that the proof be received Terrance M. Duggan, Mayorand filed. Seconded by Council Member Buol. Attest: Mary A. Davis, City ClerkCarried by the following vote: Yeas—Mayor Council Member Robbins moved adoptionDuggan, Council Members Buol, Krieg, of the Resolution. Seconded by CouncilMichalski, Nicholson, Robbins, Voetberg. Member Nicholson. Carried by the followingNays—None. vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,RESOLUTION NO. 346-96 Voetberg. Nays—None. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Proof of publication certified to by theWhereas, on the 3rd of September, 1996, Publisher on Notice to Bidders of the receiptplans, specifications, form of contract and of bids for project and City Managerestimated cost were filed with the City Clerk of recommending to award contract for project,Dubuque, Iowa for the 11th Street Historical presented and read. Council Member CouncilNeighborhood Ornamental Railing Project. Member Robbins moved that the proof andWhereas, notice of hearing on plans, communication be received and filed.specifications, form of contract, and estimated Seconded by Council Member Nicholson.cost was published as required by law. 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. That the said plans, specifications, form of contract and estimated cost are hereby RESOLUTION NO. 345-96approved as the plans, specifications, form of AWARDING CONTRACTcontract and estimated cost for said Whereas, sealed proposals have beenimprovements for said project. submitted by contractors for the KaufmannPassed, adopted and approved this 16th Avenue Storm Sewer Extension pursuant today of September, 1996. Resolution No. 332-96 and notice to biddersTerrance M. Duggan, Mayor Regular Session, September 16, 1996 Attest: Mary A. Davis, City ClerkNancy Miller, Chairperson of the Human Council Member Voetberg moved adoptionRights Comm. and Marty O’Shea both spoke of the Resolution. Seconded by Councilclarifying their positions. Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council MembersCouncil Member Voetberg moved that this Buol, Krieg, Michalski, Nicholson, Robbins,matter the Human Rights Commission go Voetberg. Nays—None. with some mediation to make this a working Commission and report back in 2-3 months. Proof of publication certified to by theSeconded by Council Member Michalski. Publisher on Notice of Hearing on plans andCarried by the following vote: Yeas—Mayor specifications for 11th Street HistoricalDuggan, Council Members Buol, Krieg, Neighborhood Ornamental Railing on GroveMichalski, Nicholson, Robbins, Voetberg. Terrace between 12th St. and 11th St., andNays—None. City Manager recommending to award contract for project, presented and read.Environmental Stewardship Commission Council Member Voetberg moved that theChairperson submitting final proposed proof be received and filed. Seconded byEnvironmental Component of the Riverfront Council Member Buol. Carried by the followingPlan, presented and read. Council Member vote: Yeas—Mayor Duggan, Council MembersVoetberg moved that the communication be Buol, Krieg, Michalski, Nicholson, Robbins,received and filed and approved plans as Voetberg. Nays—None. submitted. Seconded by Council Member Nicholson. Carried by the following vote: RESOLUTION NO. 347-96Yeas—Mayor Duggan, Council Members AWARDING CONTRACTBuol, Krieg, Michalski, Nicholson, Robbins, Whereas, sealed proposals have beenVoetberg. Nays—None. submitted by contractors for the 11th Street Historical Neighborhood Ornamental RailingCity Manager recommending modification Project pursuant to Resolution No. 329-96 andto City’s Sewer Connection policy and notice to bidders published in a newspaperrequesting further direction, presented and published in the City of Dubuque, Iowa on theread. Council Member Voetberg moved that 5th of September, 1996.the communication be received and filed and Whereas, said sealed proposals wereapproved City Manager’s policy. Seconded by opened and read on the 11th of September,Council Member Michalski. Carried by the 1996, and it has been determined that the bidfollowing vote: Yeas—Mayor Duggan, Council of Winter's Garage & Welding, Inc. of Galena,Members Buol, Krieg, Michalski, Nicholson, Illinois in the amount of $27,920.00 was theRobbins, Voetberg. Nays—None. lowest bid for the furnishings of all labor and materials and performing the work as providedCity Manager requesting a public hearing for in the plans and specifications.be set to consider granting Utility Easements NOW THEREFORE, BE IT RESOLVEDfor Thomas R. & Dorothy Gibbs, presented BY THE CITY COUNCIL OF THE CITY OFand read. Council Member Voetberg moved DUBUQUE, IOWA:that the communication be received and filed. That the contract for the aboveSeconded by Council Member Buol. Carried improvement be awarded to Winter's Garageby the following vote: Yeas—Mayor Duggan, & Welding, Inc. and the Manager be and isCouncil Members Buol, Krieg, Michalski, hereby directed to execute a contract onNicholson, Robbins, Voetberg. Nays—None. behalf of the City of Dubuque for the complete performance of the work.RESOLUTION NO. 348-96 BE IT FURTHER RESOLVED:RESOLUTION OF INTENT TO DISPOSE OF That upon the signing of said contract andINTEREST IN REAL PROPERTY BY the approval of the contractor's bond, the CityGRANT OF EASEMENT Treasurer is authorized and instructed toWhereas, the City of Dubuque is owner of return the bid deposits of the unsuccessfulLot 2 of 1 of 1 of 1 of Mineral Lot 337 bidders.Whereas, Thomas R. & Dorothy Gibbs Passed, approved and adopted this 16thhave requested a 10 and 20 foot wide utility day of September, 1996.easement and a 30 foot wide ingress and Terrance M. Duggan, Mayoregress easement; over and across the Attest: Mary A. Davis, City Clerkproperty as described in the Plat attached Council Member Voetberg moved adoptionhereto; and of the Resolution. Seconded by CouncilWhereas, the terms and conditions of Member Buol. Carried by the following vote:these easement agreements are set forth in Yeas—Mayor Duggan, Council Membersthe grant utility and ingress and egress Buol, Krieg, Michalski, Nicholson, Robbins,easement and plat prepared by IIW Engineers Voetberg. Nays—None. and Surveyors, P.C. also attached hereto, and Communication of Human Rightsincorporated herein by reference; and Commission Chairperson requesting CouncilWhereas, the City Council of the City of to remove Commissioner Marty O’Shea fromDubuque, Iowa has determined that the grant their body and Communication of Martyof utility and ingress and egress easements O’Shea responding to comments andshould be approved. requesting to remain as a Commissioner,NOW THEREFORE, BE IT RESOLVED presented and read. BY THE CITY COUNCIL OF THE CITY OF Regular Session, September 16, 1996 DUBUQUE, IOWA Yeas—Mayor Duggan, Council Members Section 1.That the City of DubuqueBuol, Krieg, Michalski, Nicholson, Robbins, intends to execute a perpetual utility andVoetberg. Nays—None. ingress and egress easement and approve the plat of said easements in Lot 2 of 1 of 1 of 1 ofCity Manager submitting documents Mineral Lot 337 in the City of Dubuque, Iowa.providing for the bidding process for the Five Section 2.That the City Clerk is herebyFlags HVAC Modification Project, presented directed to publish notice of the date, time andand read. Council Member Voetberg moved place of the Public Hearing on the proposedthat the communication be received and filed. utility and ingress and egress easementSeconded by Council Member Nicholson. agreements.Carried by the following vote: Yeas—Mayor Passed, approved and adopted this 16thDuggan, Council Members Buol, Krieg, day of September, 1996.Michalski, Nicholson, Robbins, Voetberg. Terrance M. Duggan, MayorNays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoptionRESOLUTION NO. 350-96 of the Resolution and set for Hearing onPRELIMINARY APPROVAL OF October 7, 1996 at 7 p.m. in the Public LibraryPLANS AND SPECIFICATIONS Auditorium. Seconded by Council MemberBE IT RESOLVED BY THE CITY Buol. Carried by the following vote:COUNCIL OF THE CITY OF DUBUQUE, Yeas—Mayor Duggan, Council MembersIOWA: Buol, Krieg, Michalski, Nicholson, Robbins,That the proposed plans, specifications, Voetberg. Nays—None. form of contract and estimated cost for the FIVE FLAGS CENTER AIR CONDITIONING City Manager requesting a public hearingSYSTEM IMPROVEMENTS, in the estimated be set to consider granting utility easement foramount of $320,000, are hereby approved and area of Fremont Heights, presented and read.ordered filed in the office of the City Clerk, for Council Member Krieg moved that thepublic inspection. communication be received and filed.Passed, approved and adopted this 16th Seconded by Council Member Robbins.day of September, 1996. Carried by the following vote: Yeas—MayorTerrance M. Duggan, Mayor Duggan, Council Members Buol, Krieg,Attest: Mary A. Davis, City Clerk Michalski, Nicholson, Robbins, Voetberg.Council Member Voetberg moved adoption Nays—None. of the Resolution. Seconded by Council Member Nicholson. Carried by the following RESOLUTION NO. 349-96vote: Yeas—Mayor Duggan, Council Members RESOLUTION OF INTENT TO DISPOSE OFBuol, Krieg, Michalski, Nicholson, Robbins, INTEREST AND VACATE AN UNUSED 10Voetberg. Nays—None. FOOT WIDE UTILITY EASEMENT IN LOT 1, BLOCK 4 OF FREMONT HEIGHTS INRESOLUTION NO. 351-96 THE CITY OF DUBUQUE, IOWAFIXING DATE OF HEARING ON Whereas, Martin McNamer is the currentPLANS AND SPECIFICATIONS owner of Lot 1, Block 4 of Fremont Heights, inWHEREAS, the City Council of the City of the City of Dubuque, Iowa; andDubuque, Iowa has given its preliminary Whereas, a 10 foot wide utility easement isapproval on the proposed plans, currently platted on said lot; andspecifications, and form of contract and Whereas, Martin McNamer has petitionedplaced same on file in the office of the City to vacate an unused 10 foot wide utilityClerk for public inspection of the FIVE FLAGS easement in said lot.CENTER AIR CONDITIONING SYSTEM NOW THEREFORE, BE IT RESOLVEDIMPROVEMENTS. BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED, DUBUQUE, IOWA;BY THE CITY COUNCIL OF THE CITY OF Section 1.That the City of Dubuque,DUBUQUE, IOWA, that on the 4th day of Iowa intends to dispose of its interest andNovember, 1996, a public hearing will be held vacate an unused utility easement in Lot 1,at 7:00 p.m. in the Public Library Auditorium, Block 4 of Fremont Heights, in the City ofat which time interested persons may appear Dubuque.and be heard for or against the proposed Section 2.That the City Clerk be and isplans and specifications, form of contract and hereby authorized and directed to cause acost of said improvement, and the City Clerk notice to be published as prescribed underbe and is hereby directed to cause a notice of Section 364.7 Code of Iowa, 1989 or astime and place of such hearing to be amended.published in a newspaper having general Passed, approved and adopted this 16thcirculation in the City of Dubuque, Iowa, which day of September, 1996.notice shall be not less than four days nor Terrance M. Duggan, Mayormore than twenty days prior to the day fixed for Attest: Mary A. Davis, City Clerkits consideration. At the hearing, any Council Member Krieg moved adoption ofinterested person may appear and file the Resolution and set for Hearing on Octoberobjections to the proposed plans, 7, 1996 at 7 p.m. in the Public Libraryspecifications, contract, or estimated cost of Auditorium. Seconded by Council Memberthe improvement. Robbins. Carried by the following vote:Passed, approved and adopted this 16th Regular Session, September 16, 1996 day of September, 1996.Voetberg. Nays—None. Council Member Terrance M. Duggan, MayorVoetberg moved that a Public Hearing be held Attest: Mary A. Davis, City Clerkon the proposed Ordinance on the 7th day of Council Member Voetberg moved adoptionOctober, 1996, at 7:00 o'clock p.m. at the of the Resolution. Seconded by CouncilPublic Library Auditorium and that the City Member Nicholson. Carried by the followingClerk be directed to publish notice in the vote: Yeas—Mayor Duggan, Council Membersmanner prescribed by law. Seconded by Buol, Krieg, Michalski, Nicholson, Robbins,Council Member Robbins. Carried by the Voetberg. Nays—None. following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, RESOLUTION 352-96Robbins, Voetberg. Nays—None. ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OFZoning Advisory Commission advising of THE CITY OF DUBUQUE, IOWA:their approval to reclassify property located That the FIVE FLAGS CENTER AIRNorth of W. 32nd St. from AG to R1 Dis., CONDITIONING SYSTEM(only that area South of the South ROW line IMPROVEMENTS is hereby ordered to beof the NW Arterial), and Communication of advertised for bids for construction.Attorney Gary Norby on behalf of Briggs BE IT FURTHER RESOLVED, that theEnterprises, Inc. requesting that the entire amount of the security to accompany each bidparcel be set for public hearing at a later date, shall be in an amount which shall conform topresented and read. Council Member the provisions of the notice to bidders herebyVoetberg moved that the communications be approved as a part of the plans andreceived and filed. Seconded by Council specifications heretofore adopted.Member Robbins. Carried by the following That the City Clerk is hereby directed tovote: Yeas—Mayor Duggan, Council Members advertise for bids for the construction of theBuol, Krieg, Michalski, Nicholson, Robbins, improvements herein provided, to be publishedVoetberg. Nays—None. in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shallAn Ordinance Amending Zoning Map by not be less than four days nor more thanreclassifying property known as Block 3, twenty days prior to the receipt of said bids atTiffany Ridge Subd. and Lot 1-S. ½ - SE 1/4 - 2:00 p.m. on the 14th day of October, 1996.SW 1/4 and SW 1/4 - SW 1/4 - SE 1/4 Sec. Bids shall be opened and read by the City10, T89N R2E, from AG Agricultural Dis. to Clerk at said time and will be submitted to theR1 Single Family Residential Dis., presented Council for final action at 7:00 p.m. on the 4thand read. Council Member Voetberg moved day of November, 1996.that a Public Hearing be held on the proposed Passed, approved and adopted this 16thOrdinance on the 7th day of October, 1996, at day of September, 1996.7:00 o'clock p.m. at the Public Library Terrance M. Duggan, MayorAuditorium and that the City Clerk be directed Attest: Mary A. Davis, City Clerkto publish notice in the manner prescribed by Council Member Voetberg moved adoptionlaw. Seconded by Council Member Robbins. of the Resolution. Seconded by CouncilCarried by the following vote: Yeas—Mayor Member Nicholson. Carried by the followingDuggan, Council Members Buol, Krieg, vote: Yeas—Mayor Duggan, Council MembersMichalski, Nicholson, Robbins, Voetberg. Buol, Krieg, Michalski, Nicholson, Robbins,Nays—None. Voetberg. Nays—None. Zoning Advisory Comm. advising of their Zoning Advisory Commission advising ofapproval to amend Zoning Ordinance their approval to reclassify property at 1323regarding Recreational Vehicles, presented Garfield from R2A to R3 District, presentedand read. Council Member Voetberg moved and read. Council Member Voetberg movedthat the communication be received and filed. that the communication be received and filed.Seconded by Council Member Nicholson. Seconded by Council Member Robbins.Carried by the following vote: Yeas—Mayor Carried by the following vote: Yeas—MayorDuggan, Council Members Buol, Krieg, Duggan, Council Members Buol, Krieg,Michalski, Nicholson, Robbins, Voetberg. Michalski, Nicholson, Robbins, Voetberg.Nays—None. Nays—None. An Ordinance Amending Section 4-2.6 of An Ordinance Amending Zoning Map bythe Zoning Ordinance for Off-Street Parking reclassifying property at 1323 Garfield fromand Storage of Vehicles in Residential Dis., R2A Alternate Two Family Residential Dis. topresented and read. Council Member R3 Moderate Density Multi-Family ResidentialVoetberg moved that the requirement that a Dis., presented and read. Council Memberproposed Ordinance be considered and voted Voetberg moved that the requirement that aon for passage at two Council Meetings prior proposed Ordinance be considered and votedto the meeting at which it is to be finally on for passage at two Council Meetings priorpassed be suspended. Seconded by Council to the meeting at which it is to be finallyMember Nicholson. Carried by the following passed be suspended. Seconded by Councilvote: Yeas—Mayor Duggan, Council Members Member Robbins. Carried by the followingBuol, Krieg, Michalski, Nicholson, Robbins, vote: Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None. Council Member Buol, Krieg, Michalski, Nicholson, Robbins,Voetberg moved that a Public Hearing be held Regular Session, September 16, 1996 on the proposed Ordinance on the 7th day of October 1996, at 7:00 o'clock p.m. at the Public Library Auditorium and that the City Clerk be directed to publish notice in the manner prescribed by law. Seconded byApproved , 1997 Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, CouncilAdopted , 1997 Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 7:59 p.m. Council Member VoetbergMayor moved to go into Closed Session in accordance with Ch. 21.5 1.(j) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 8:57 p.m. Council reconvened inCouncil Members Regular Session - Staff and CorporationAttest: Counsel had been given direction regarding purchase of real estate. City Clerk There being no further business, Council Member Michalski 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 8:58 p.m. Mary A. Davis CMC City Clerk