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1996 September Council ProceedingsRegular Session, September 3, 1996 received and filed. Seconded by Council DUBUQUE Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins. CITY COUNCIL Nays—None. Absent—Council Member Voetberg. OFFICIAL NOTICES OF CLAIMS/SUITS — Ellen PROCEEDINGS Brown in the amount of $83.69 for tire damages; Mrs. Pat Heiberger in unknown amount for property damages; Iowa Civil City Council, Regular Session, Tuesday, Rights Commission advising of a complaint September 3, 1996. filed with them against the City; Carol Oglesby Council Met at 7:00 P.M., Public Library on behalf of her father, in unknown amount for Auditorium. property damages; Tom Zuccaro vs. City of Present: Mayor Duggan, Council Members Dubuque in unknown amount for false arrest, Buol, Krieg, Michalski, Nicholson, Robbins, presented and read. Council Member Krieg City Manager Michael Van Milligen, moved that the claims and suits be referred to Corporation Counsel Barry Lindahl. the Legal Staff for investigation and report. Absent: Council Member Voetberg at roll call. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Mayor Duggan read the call and stated this Duggan, Council Members Buol, Krieg, is the Regular Session of the City Council Michalski, Nicholson, Robbins. Nays—None. called for the purpose to act upon such Absent—Council Member Voetberg. business which may properly come before the Council. Corporation Counsel advising following claims have been referred to Crawford & Invocation was given by Rev. Kristian Company, the agent for the Iowa Communities Kincaid, Pastor of Our Redeemer Lutheran Assurance Pool: Property damage of Church. American Trust & Savings Bank; Car damage of Betty J. Butts, presented and read. Council PROCLAMATION: September 21 as ‘EndMember Krieg moved that the of the Summer Bash ‘96' Day’ received by Dancommunications be received and filed. Shireman.Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Mayor Duggan swore in Council MemberDuggan, Council Members Buol, Krieg, Kathryn Krieg as Mayor Pro-Tem.Michalski, Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. MINUTES SUBMITTED — Airport Commission of 7-8; Five Flags Commission of Corporation Counsel recommending 8-19; Housing Code Appeals Board of 7-16; settlement of property damage claim of Investment Oversight Commission of 8-15; William Knudson in amount of $1,500.00, Public Library Board of 7-25, presented and presented and read. Council Member Krieg read. Council Member Krieg moved that the moved that the communication be received minutes be received and filed. Seconded by and filed and approved settlement and Council Member Robbins. Carried by the directed Finance Director to issue check. following vote: Yeas—Mayor Duggan, Council Seconded by Council Member Robbins. Members Buol, Krieg, Michalski, Nicholson, Carried by the following vote: Yeas—Mayor Robbins. Nays—None. Absent—Council Duggan, Council Members Buol, Krieg, Member Voetberg. Michalski, Nicholson, Robbins. Nays—None. Absent—Council Member Voetberg. Zoning Advisory Commission of 8-7, presented and read. Council Member City Solicitor Wm. Blum recommending Michalski moved that these minutes be approval of Workers’ Compensation Claim of referred to the Zoning Staff for corrections. Mark Smith in amount of $18,055.50 and Seconded by Council Member Krieg. Carried requesting authorization to execute all by the following vote: Yeas—Mayor Duggan, necessary documents, presented and read. Council Members Buol, Krieg, Michalski, Council Member Krieg moved that the Nicholson, Robbins. Nays—None. communication be received and filed. Absent—Council Member Voetberg. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Investment Oversight Commission Duggan, Council Members Buol, Krieg, submitting their 13th & 14th quarterly reports; Michalski, Nicholson, Robbins. Nays—None. Finance Director submitting Financial reports Absent—Council Member Voetberg. for July,’96; Proofs of Publication on printing of Council meetings for 8-5-96 & 8-19-96;Corporation Counsel recommending denial Operation: New View advising of theirof car damage claim of Judith A. Bandy and appreciation of financial assistance given byboat damage claim of Mark & Rebecca Wall, the City, presented and read. Council Memberpresented and read. Council Member Krieg Krieg moved that the reports and proofs bemoved that the communication be received Regular Session, September 3, 1996 and filed and approved denial. Seconded byWhereas, said final plat has been Council Member Robbins. Carried by theexamined by the City Council and they find following vote: Yeas—Mayor Duggan, Councilthat it conforms to the statutes and ordinances Members Buol, Krieg, Michalski, Nicholson,relating to it, except that no streets or public Robbins. Nays—None. Absent—Councilutilities have yet been constructed or installed; Member Voetberg. and Whereas, the City Council concurs in the City Manager recommending approval of anconditions of approval established by the agreement with Hillcrest Family Services forZoning Advisory Commission and the City use of Murphy Park, presented and read.Planner. Council Member Krieg moved that theNOW, THEREFORE, BE IT RESOLVED communication be received and filed andBY THE CITY COUNCIL OF THE CITY OF approved agreement. Seconded by CouncilDUBUQUE, IOWA: Member Robbins. Carried by the followingSection 1. That the dedications of Flint Hill vote: Yeas—Mayor Duggan, Council MembersDrive (Lot E), together with the easements for Buol, Krieg, Michalski, Nicholson, Robbins.public utilities and storm sewer as they appear Nays—None. Absent—Council Memberupon said final plat, be and the same are Voetberg. hereby accepted; and Section 2. That the plat of Lot 3, Lot 4, Lot Tammy Hansen submitting petition5, Lot E and Lot F of Key Gate Center No. 3 is containing 10 signatures of residents ofhereby approved and the Mayor and City Clerk Walnut Street, requesting to be removed fromare hereby authorized and directed to endorse the Historical Preservation District, presentedthe approval of the City of Dubuque, Iowa, and read. Council Member Krieg moved thatupon said final plat, provided the owners of the petition be referred to the Historicsaid property herein named, execute their Preservation Commission. Seconded bywritten acceptance hereto attached agreeing: Council Member Robbins. Carried by thea. To reduce Flint Hill Drive (Lot E) to grade following vote: Yeas—Mayor Duggan, Counciland to construct concrete curb and gutter and Members Buol, Krieg, Michalski, Nicholson,to hard surface with asphaltic concrete, or with Robbins. Nays—None. Absent—Councilconcrete paving with integral curb, all in Member Voetberg. accordance with the City of Dubuque standard specifications, all in a manner acceptable to Jerry Welch submitting his resignation fromthe City Engineer, and in conformance with the Historic Preservation Commission,construction improvement plans approved by presented and read. Council Member Kriegthe City Engineer, and inspected by the City moved that the communication be receivedEngineer. and filed and accepted with regret. Secondedb. To install sanitary sewer mains and sewer by Council Member Robbins. Carried by theservice laterals into each individual lot, water following vote: Yeas—Mayor Duggan, Councilmains and water service laterals into each Members Buol, Krieg, Michalski, Nicholson,individual lot, storm sewers and catch basins, Robbins. Nays—None. Absent—Councilboulevard street lighting and erosion control Member Voetberg. devices all in accordance with the City of Dubuque standard specifications, all in a Zoning Advisory Commission advising ofmanner acceptable to the City Engineer, and their approval of final plat for Key Gate Centerin accordance with construction improvement No. 3, presented and read. Council Memberplans approved by the City Engineer, and Krieg moved that the communication beinspected by the City Engineer. received and filed. Seconded by Councilc. To construct said improvements, prior to Member Robbins. Carried by the followingtwo (2) years from the date of acceptance of vote: Yeas—Mayor Duggan, Council Membersthis resolution, at the sole expense of the Buol, Krieg, Michalski, Nicholson, Robbins.owners, or future owners; Nays—None. Absent—Council Memberd. To maintain the public improvements, for a Voetberg. period of two (2) years from the date of the acceptance of those improvements by the City RESOLUTION NO. 308-96of Dubuque, Iowa, at the sole expense of the A RESOLUTION APPROVING THE FINALowners, or future owners; PLAT OF LOT 3, LOT 4, LOT 5, LOT E ANDAnd further provided that said Robert and LOT F OF KEY GATE CENTER NO. 3 INRuth Kehl, as owners of said property, shall THE CITY OF DUBUQUE, IOWA.secure the performance of the foregoing Whereas, there has been filed with the Cityconditions provided in this Section by Clerk a final plat of Lot 3, Lot 4, Lot 5, Lot Eproviding guarantees in such form and with and Lot F of Key Gate Center No. 3 in the Citysuch sureties as may be acceptable to the City of Dubuque, Iowa; andManager of the City of Dubuque, Iowa. Whereas, upon said final plat appearSection 3. Sidewalk installation shall be the street(s) to be known as Flint Hill Drive,responsibility of the owner of the property together with certain public utility and sewerabutting the public right-of-way, as required by easements which the owners by said final platCity Code 41-161 through 41-164. The have dedicated to the public forever; andresponsibility shall extend to all successors, Whereas, the final plat has been examinedheirs and assignees. Sidewalk installation will by the Zoning Advisory Commission and hadnot be required until the development of the lot its approval endorsed thereon; andhas been completed. All vacant lots shall have Regular Session, September 3, 1996 sidewalks installed upon development of 80%FINANCE REPORT of the lots approved by the plat.NOW, THEREFORE, BE IT RESOLVED Section 4. That storm water detentionBY THE CITY COUNCIL OF THE CITY OF facilities shall be a requirement of each siteDUBUQUE, IOWA: plan submitted to the City for the developmentSection 1.That the Street Finance Report by the owners of said lots, which responsibilityfor the period July 1, 1995 to June 30, 1996 for construction and maintenance shall be thatbe and the same is hereby approved and that of the owners of said lots and extend to allthe City Clerk is hereby authorized and successors, heirs, and assigns. The sizing ofdirected to file said report with the Iowa the detention facilities shall, in addition toDepartment of Transportation. detaining the site water, also incorporate andPassed, approved and adopted this 3rd day detain the impervious area of the abutting Flintof September, 1996. Hill Drive.Terrance M. Duggan, Mayor Storm water detention facilities shall beAttest: Mary A. Davis, City Clerk designed by a registered civil engineer andCouncil Member Krieg moved adoption of shall be designed to detain the 2, 10 and 100the Resolution. Seconded by Council Member year storm recurrence intervals to theRobbins. Carried by the following vote: predeveloped condition of each lot.Yeas—Mayor Duggan, Council Members Section 5. That final acceptance of allBuol, Krieg, Michalski, Nicholson, Robbins. public improvements shall occur uponNays—None. Absent—Council Member certification of the City Engineer to the CityVoetberg. Council that all public improvements have been completed in accordance with theCity Manager recommending approval of improvement plans and City standardGrant Agreement for Hawthorne Street Boat specifications and accepted by City CouncilRamp, presented and read. Council Member Resolution.Krieg moved that the communication be Section 6. That in the event Robert andreceived and filed. Seconded by Council Ruth Kehl shall fail to execute the acceptanceMember Robbins. Carried by the following and furnish the guarantees provided in Sectionvote: Yeas—Mayor Duggan, Council Members 2 hereof within 180 days after the date of thisBuol, Krieg, Michalski, Nicholson, Robbins. Resolution, the provisions hereof shall be nullNays—None. Absent—Council Member and void and the acceptance of the dedicationVoetberg. and approval the plat shall not be effective. Passed, approved and adopted this 3rd dayRESOLUTION NO. 310-96 of September, 1996.GRANT AGREEMENT FOR Terrance M. Duggan, MayorRECONSTRUCTION OF HAWTHORNE ATTEST: Mary A. Davis, City ClerkSTREET BOAT RAMP ACCEPTANCE OFWhereas, the Iowa Department of Natural RESOLUTION NO. 308-96Resources (IDNR) has awarded the City of We, the undersigned, Robert and RuthDubuque a Marine Fuel Tax grant of $51,750 Kehl, having read the terms and conditions offor reconstruction of the Hawthorne Street the Resolution No. 308-96 and being familiarboat ramp; and with the conditions thereof, hereby accept thisWhereas, the City of Dubuque agrees to same and agree to the conditions requiredthe terms and conditions set forth in the therein.cooperative cost-share agreement between Dated in Dubuque, Iowa this 18th day ofIDNR and the City for this grant, and the September, 1996.permanent waiver of the condition prohibiting By /s/ Robert Kehlclosure of the ramp during Thunderfest By /s/ Ruth Kehlevents; and Council Member Krieg moved adoption ofNOW THEREFORE, BE IT RESOLVED the Resolution. Seconded by Council MemberBY THE CITY COUNCIL OF THE CITY OF Robbins. Carried by the following vote:DUBUQUE, IOWA: Yeas—Mayor Duggan, Council MembersSection 1. That Resolution No. 279-96 is Buol, Krieg, Michalski, Nicholson, Robbins.hereby rescinded. Nays—None. Absent—Council MemberSection 2.That the Mayor is hereby Voetberg. authorized to sign the cooperative cost-share agreement for this grant on behalf of the City City Manager recommending approval ofof Dubuque. FY’1996 Street Finance Report, presentedPassed, approved and adopted this 3rd day and read. Council Member Krieg moved thatof September, 1996. the communication be received and filed.Terrance M. Duggan, Mayor Seconded by Council Member Robbins.Attest: Mary A. Davis, City Clerk Carried by the following vote: Yeas—MayorCouncil Member Krieg moved adoption of Duggan, Council Members Buol, Krieg,the Resolution. Seconded by Council Member Michalski, Nicholson, Robbins. Nays—None.Robbins. Carried by the following vote: Absent—Council Member Voetberg. Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays—None. Absent—Council Member RESOLUTION NO. 309- 96Voetberg. RESOLUTION APPROVING THE CITY OFDubuque County Board of Supervisors DUBUQUE FISCAL YEAR 1996 STREETobjecting to IDOT’s proposal to utilize asphalt Regular Session, September 3, 1996 on the new two lanes of NW Arterial andWhereas, the premises to be occupied by requesting Council to join in with thissuch applicants were inspected and found to objection, presented and read. Councilcomply with the State Laws and all City Member Krieg moved that the communicationOrdinances relevant thereto and they have referred to the City Manager. Seconded byfiled proper bonds. Council Member Robbins. Carried by theNOW, THEREFORE, BE IT RESOLVED following vote: Yeas—Mayor Duggan, CouncilBY THE CITY COUNCIL OF THE CITY OF Members Buol, Krieg, Michalski, Nicholson,DUBUQUE, IOWA: Robbins. Nays—None. Absent—CouncilThat the Manager be authorized to cause to Member Voetberg. be issued the following named applicants a Liquor License. Petition containing 15 signaturesCLASS "C" (COMMERCIAL) requesting Marjorie Circle along Andrea toBEER/LIQUOR LICENSE Pennsylvania Avenue be included in aClarke CollegeClarke College Residential Parking Permit District and further+(Sunday Sales)1550 Clarke Dr. requesting that the permit fee be waived orEagle Point Ass.Tollbridge Inn reduced, presented and read. Council Member+ (Sunday Sales)2800 Rhomberg Krieg moved that the petition be referred to thePassed, approved and adopted this 3rd day City Manager. Seconded by Council Memberof September, 1996. Robbins. Carried by the following vote:Terrance M. Duggan, Mayor Yeas—Mayor Duggan, Council MembersAttest: Mary A. Davis, City Clerk Buol, Krieg, Michalski, Nicholson, Robbins.Council Member Krieg moved adoption of Nays—None. Absent—Council Memberthe Resolution. Seconded by Council Member Voetberg. Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members RESOLUTION NO. 311-96Buol, Krieg, Michalski, Nicholson, Robbins. Whereas, applications for Beer PermitsNays—None. Absent—Council Member have been submitted and filed to this CouncilVoetberg. for approval and the same have been examined and approved; and West Dubuque Tap requesting to transfer Whereas, the premises to be occupied byClass ‘C’ Liquor License from 1701 Asbury such applicants were inspected and found toRd. to 6th & 5th at Main Street on September comply with the Ordinances of this City and15 at 8:00 p.m., presented and read. Council have filed proper bonds.Member Krieg moved that the transfer be NOW, THEREFORE, BE IT RESOLVEDapproved. Seconded by Council Member BY THE CITY COUNCIL OF THE CITY OFRobbins. Carried by the following vote: DUBUQUE, IOWA:Yeas—Mayor Duggan, Council Members That the Manager be authorized to cause toBuol, Krieg, Michalski, Nicholson, Robbins. be issued the following named applicants aNays—None. Absent—Council Member Beer Permit.Voetberg. CLASS "C" BEER PERMIT Dennis A. AlthausFamily Mart, Inc.BOARDS AND COMMISSIONS +(Sunday Sales)3201 Central AveApplicants to the following Commissions The Monday Co.Casey's General Storewere invited to address the Council to express +(Sunday Sales)4003 Peru Rd.their desire to serve on that Commission. 5 Point Mart, Inc5 Point Mart +(Sunday Sales)405 Rhomberg AveHISTORICAL PRESERVATION Mulgrew Oil Co.Asbury Amoco FoodshopCOMMISSION representing Architect: +(Sunday Sales)3300 Asbury RdApplicant Kevin J. Eipperle. CLASS "B" BEER PERMIT 5-DAY SPECIAL EVENT CIVIL SERVICE COMMISSION: Applicant Donna GinterRiverfestLoras Kluesner. +(Sunday & Outdoor Serv) Town Clock PlazaCouncil Member Krieg moved that the rules Passed, approved and adopted this 3rd daybe suspended to allow anyone present to of September, 1996.address the Council if they so desire. Terrance M. Duggan, MayorSeconded by Council Member Michalski. Attest: Mary A Davis, City ClerkCarried by the following vote: Yeas—Mayor Council Member Krieg moved adoption ofDuggan, Council Members Buol, Krieg, the Resolution. Seconded by Council MemberMichalski, Nicholson, Robbins. Nays—None. Robbins. Carried by the following vote:Absent—Council Member Voetberg. Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins.Proof of publication certified to by the Nays—None. Absent—Council MemberPublisher on Notice of Public Hearing to Voetberg. consider reclassifying property located at Northeast corner of John F. Kennedy Road RESOLUTION NO. 312-96and W. 32nd Street from AG to C-3 District; Whereas, applications for Liquor LicensesJohn & Doris Kivlahan agreeing to downsize have been submitted to this Council fortheir original request for rezoning, presented approval and the same have been examinedand read. Council Member Nicholson moved and approved; andthat the proof and communication be received Regular Session, September 3, 1996 and filed. Seconded by Council MemberAdvisory Commission. Seconded by Council Robbins. Carried by the following vote:Member Krieg. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins.Buol, Krieg, Michalski, Voetberg. Nays—None. Absent—Council MemberNays—Council Members Nicholson, Robbins. Voetberg. Proof of publication certified to by the John Kivlahan spoke requesting rezoning.Publisher on Notice of Public Hearing to Dick Schiltz from the Zoning Adv. Comm. alsoestablish a Residential Parking Permit District spoke. for Lucy Drive and Amy Court, presented and read. Council Member Buol moved that the An Ordinance Amending Zoning Map byproof be received and filed. Seconded by reclassifying property located at the NortheastCouncil Member Krieg. Carried by the corner of John F. Kennedy Road and W. 32ndfollowing vote: Yeas—Mayor Duggan, Council Street from AG Agricultural District to C-3Members Buol, Krieg, Michalski, Nicholson, General Commercial District, said OrdinanceRobbins, Voetberg. Nays—None. presented at Council Meeting held 8-19-96 with no readings given, (Denied by the ZoningEarl Alexander, 1616 Amy Ct. Spoke Advisory Commission), presented for furtherrequesting the RPPD and that speed limits be action. Council Member Nicholson moved thatreduced to 25 mph. Diane Hansen requested this be tabled until more information receivedthat students be given a chance to use from IDOT. Seconded by Council MemberHempstead’s new parking lot. Kathy Davis, Robbins. Carried by the following vote:Jeff Welty and Mike Woodyard all of Lucy Dr. Yeas—Mayor Duggan, Council Membersrequested the RPPD be enacted. Buol, Krieg, Michalski, Nicholson, Robbins. Nays—None. Absent—Council MemberAn Ordinance Amending the Code of Voetberg. Ordinances by adopting a new Section 32-397 providing for the designation of Lucy Drive and Council Member Voetberg entered theAmy Court as a Residential Parking Permit Chambers at 7:35 p.m.District, presented and read. Proof of publication certified to by the(OFFICIAL PUBLICATION) Publisher on Notice of Public Hearing toORDINANCE NO. 43-96 consider reclassifying property at 3939AN ORDINANCE AMENDING THE CODE Pennsylvania Avenue from R-1 to C-3 DistrictOF ORDINANCES OF THE CITY OF and a Petition containing approx. 112DUBUQUE, IOWA BY ADOPTING A NEW signatures objecting to rezoning request,SECTION 32-397 THERETO PROVIDING presented and read. Council Member BuolFOR THE DESIGNATION OF LUCY DRIVE moved that the proof and petition be receivedFROM PENNSYLVANIA AVENUE TO and filed. Seconded by Council Member Krieg.WELU DRIVE AND AMY COURT FROM Carried by the following vote: Yeas—MayorMARJORIE CIRCLE TO THE NORTHERLY Duggan, Council Members Buol, Krieg,END AS A RESIDENTIAL PARKING Michalski, Voetberg. Nays—Council MembersPERMIT DISTRICT Nicholson, Robbins.Whereas, Sections 32-381 through 32-393 of the Code of Ordinances of the City of Larry Wolff spoke requesting rezoningDubuque, Iowa empowers the City Council to approval as the property is to be used as anestablish a Residential Parking Permit District expanded car wash which is the type ofupon receipt of a valid petition and the finding business which needs to be in a high trafficof certain conditions; and area. Paul and Helen Varner, Lee Kolker,Whereas, a valid petition has been received Arnold M. Roth and Ted Stieber all spoketo declare an area described as follows as a objecting to proposed rezoning.Residential Parking Permit District. Lucy Drive, from Pennsylvania Avenue to An Ordinance Amending Zoning Map byWelu Drive reclassifying property located at 3939Amy Court, from Marjorie Circle to northerly Pennsylvania Ave. From R-1 Single-Familyend; and Residential District to C-3 GeneralWhereas, the City Manager has caused a Commercial District, said Ordinanceparking study of the above identified area to be presented at Council meeting on 8-19-96 - Noconducted, and which study has established readings given, said Ordinance denied bythat the area meets the criteria as established Zoning Advisory Commission, now presentedin Section 32-383 of the Code of Ordinances for further action. Council Member Nicholsonof the City of Dubuque, Iowa; moved to table this matter for further1.At least 80% of the curbside parking information as to what the building will lookspaces in the proposed Parking Permit District like. Seconded by Council Member Robbins.were utilized during peak periods; and Vote on the motion was as follows:2.At least 25% of the curbside parking Yeas—Mayor Duggan, Council Membersspaces in the proposed Parking Permit District Nicholson, Robbins. Nays—Council Memberswere utilized by nonresident parkers; and Buol, Krieg, Michalski, Voetberg. MOTIONWhereas, the City Manager, based upon FAILED. Council Member Buol moved thatthe petition and the results of the parking they concur with the denial of the Zoningstudy, recommends to the City Council that Regular Session, September 3, 1996 the area be designated as a ResidentialAttest: Mary A. Davis, City Clerk Parking Permit District during the hours ofPublished officially in the Telegraph Herald 7:00 a.m. to 3:00 p.m. daily, except Saturdays, newspaper this 11th day of September, 1996. Sundays and holidays; and 1t 9/11Mary A. Davis CMC, City Clerk Whereas, the City Council pursuant to Council Member Buol moved that the public notice published on August 23, 1996, requirement that a proposed Ordinance be in the City of Dubuque Telegraph Herald, a considered and voted on for passage at two newspaper of general circulation met in Council Meetings prior to the meeting at which session on the 3rd of September, 1996 at 7:00 it is to be finally passed be suspended. p.m. in the third floor auditorium of the Seconded by Council Member Krieg. Carried Carnegie Stout Public Library for the purpose by the following vote: Yeas—Mayor Duggan, of hearing all interested persons and Council Members Buol, Krieg, Michalski, representatives of organizations and to Nicholson, Robbins, Voetberg. Nays—None. consider any and all objections which have Council Member Buol moved final been filed to the proposed designation of the consideration and passage of the Ordinance. above area as a Residential Parking Permit Seconded by Council Member Krieg. Carried District during the hours of 7:00 a.m. to 3:00 by the following vote: Yeas—Mayor Duggan, p.m., daily except Saturdays, Sundays and Council Members Buol, Krieg, Michalski, holidays; and Nicholson, Robbins, Voetberg. Nays—None. Whereas, all interested parties have been given an opportunity to be heard and allProofs of Publication on Notice of Hearing objections have been duly considered.on Plans and Specifications for construction NOW, THEREFORE, BE IT ORDAINEDof Radford Road from Pennsylvania Avenue to BY THE CITY COUNCIL OF THE CITY OFChavenelle Drive; and Notice to Property DUBUQUE, IOWA;Owners advising of public hearing to be held; Section 1.That a petition containing theCommunications of A. Y. McDonald Mfg. Co., required number of signatures and meetingTheisen’s and Nordstrom’s advising of their the intent and purposed of Section 32-381support for the improvement and widening of through 32-393 of the Code of Ordinances ofthis road; Communication of Atty. Charles the City of Dubuque, Iowa has been receivedJacobs on behalf of his client objecting to by the City of Dubuque.Resolution of Necessity serving notice that no Section 2.That any and all objections to explanation of the calculation of special the designation of the area as a Residential benefits has been received regarding this Parking Permit District during the hours of project, and further requests notice of further 7:00 a.m. to 3:00 p.m. daily, except Saturdays, proceedings related to the assessment(s) of Sundays and holidays be and the same are this project; and Communication of Mary Lou overruled. and Walter McFadden objecting to proposed Section 3.That the recommendation of reconstruction, presented and read. Council the City Manager based upon the petition and Member Krieg moved that the proofs and the parking study to designate the area as a communications be received and filed. Residential Parking Permit District during the Seconded by Council Member Buol. Carried hours of 7:00 a.m. to 3:00 p.m. daily, except by the following vote: Yeas—Mayor Duggan, Saturdays, Sundays and holidays, is hereby Council Members Buol, Krieg, Michalski, approved and accepted. Nicholson, Robbins, Voetberg. Nays—None. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa be amended by Charles Jacobs spoke giving notice of enacting a new Section of 32-397 as follows: deferment. Dick McFadden spoke stating this "Sec. 32-397.Residential Parking Permit was not fair on their assessment value. District "D". (a) The following described area RESOLUTION NO. 313-96 constitutes a Residential parking Permit RESOLUTION ADOPTING PLANS District designated as Residential Parking AND SPECIFICATIONS permit District "D": Whereas, on the 1st of August, 1996, Lucy Drive, from Pennsylvania Avenue toplans, specifications, form of contract and Welu Driveestimated cost were filed with the City Clerk of Amy Court, from Marjorie Circle to northerlyDubuque, Iowa for the Reconstruction of endRadford Road from Pennsylvania Avenue to (b)No vehicles shall park curbside inChavenelle Drive. Residential Parking Permit District "D" duringWhereas, notice of hearing on plans, the hours of 7:00 am. and 3:00 p.m. daily,specifications, form of contract, and estimated except Saturdays, Sundays and holidayscost was published as required by law. without displaying a valid parking permitNOW THEREFORE, BE IT RESOLVED issued by the City."BY THE CITY COUNCIL OF THE CITY OF Section 5.That the City Clerk is herebyDUBUQUE, IOWA: directed to mail to every dwelling unit within That the said plans, specifications, form of the designated district the documents contract and estimated cost are hereby prescribed by Section 32-385 of the Code of approved as the plans, specifications, form of Ordinances of the City of Dubuque, Iowa. contract and estimated cost for said Passed, approved and adopted this 3rd day improvements for said project. of September, 1996. Passed, adopted and approved this 3rd day Terrance M. Duggan, Mayor of September, 1996. Regular Session, September 3, 1996 Terrance M. Duggan, MayorWhereas, said sealed proposals were Attest: Mary A. Davis, City Clerkopened and read on the 27th of August, 1996, Council Member Krieg moved adoption ofand it has been determined that the bid of the Resolution. Seconded by Council MemberHorsfield Construction, Inc. of Epworth, Iowa, Buol. Carried by the following vote:in the amount of $616,719.44 was the lowest Yeas—Mayor Duggan, Council Membersbid for the furnishings of all labor and Buol, Krieg, Michalski, Nicholson, Robbins,materials and performing the work as provided Voetberg. Nays—None. for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 314-96BY THE CITY COUNCIL OF THE CITY OF RESOLUTION WITH RESPECT TO THEDUBUQUE, IOWA: ADOPTION OF THE RESOLUTION OFThat the contract for the above NECESSITY PROPOSED FOR THEimprovement be awarded to Horsfield RECONSTRUCTION OF RADFORD ROADConstruction, Inc. and the Manager be and is FROM PENNSYLVANIA AVENUE TOhereby directed to execute a contract on CHAVENELLE DRIVEbehalf of the City of Dubuque for the complete Whereas, the City Council has proposed aperformance of the work. Resolution of Necessity for the ReconstructionBE IT FURTHER RESOLVED: of Radford Road from Pennsylvania Avenue toThat upon the signing of said contract and Chavenelle Drive, has given notice of thethe approval of the contractor's bond, the City public hearing thereon as required by law; andTreasurer is authorized and instructed to Whereas, the public hearing has been held,return the bid deposits of the unsuccessful all persons offering objections have beenbidders. heard and consideration given to all objectionsPassed, approved and adopted this 3rd day and is pending before this Council; andof September, 1996. Whereas, this is the time and place set asTerrance M. Duggan, Mayor provided for the taking of action on theAttest: Mary A. Davis, City Clerk proposed Resolution of Necessity.Council Member Krieg moved adoption of NOW THEREFORE, BE IT RESOLVEDthe Resolution. Seconded by Council Member BY THE CITY COUNCIL OF THE CITY OFBuol. Carried by the following vote: DUBUQUE, IOWA:Yeas—Mayor Duggan, Council Members That the proposed Resolution of NecessityBuol, Krieg, Michalski, Nicholson, Robbins, described above is hereby:Voetberg. Nays—None. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A,Proof of publication certified to by the and made a part hereof by reference. AllPublisher on Public Hearing to consider objections filed or made having been dulydisposing property in the block bounded by considered are overruled.Main Street on the west, First Street on the Passed, adopted and approved this 3rd dayNorth, and U.S. Highway 61-151 on the east of September, 1996.and south, and City Manager recommending Terrance M. Duggan, Mayorto dispose of property, presented and read. Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved that the Council Member Krieg moved adoption ofproof and communication be received and the Resolution. Seconded by Council Memberfiled. Seconded by Council Member Krieg. Buol. Carried by the following vote:Carried by the following vote: Yeas—Mayor Yeas—Mayor Duggan, Council MembersDuggan, Council Members Buol, Krieg, Buol, Krieg, Michalski, Nicholson, Robbins,Michalski, Nicholson, Robbins, Voetberg. Voetberg. Nays—None. Nays—None. Proof of publication certified to by theDavid Herbst requested approval of this Publisher on Notice to Bidders on the Receiptdisposition as this property is necessary in of Bids for project and City Managerorder to build a parking lot to be used in recommending to award contract for project,conjunction with apartments. presented and read. Council Member Krieg moved that the proof and communication beRESOLUTION NO. 316-96 received and filed. Seconded by CouncilRESOLUTION DISPOSING OF INTEREST Member Buol. Carried by the following vote:IN REAL PROPERTY BY SALE TO DAVID Yeas—Mayor Duggan, Council MembersAND LINDA HERBST Buol, Krieg, Michalski, Nicholson, Robbins, WHEREAS, pursuant to Resolution No. Voetberg. Nays—None. 301-96 and published notice of the date, time and place of hearing, published in the RESOLUTION NO. 315-96Telegraph Herald, a newspaper of general AWARDING CONTRACTcirculation published in the city of Dubuque, Whereas, sealed proposals have beenIowa, on the 23rd day of August, 1996, the submitted by contractors for the Radford RoadCity Council if the City of Dubuque,, Iowa, met Reconstruction Project from Pennsylvaniaon the 3rd day of September 1996, at 7:00 Avenue to Chavenelle Drive pursuant top.m. in the Auditorium of the Carnegie Stout Resolution No. 296-96 and notice to biddersPublic Library, 360 West 11th St., Dubuque, published in a newspaper published in the CityIowa, to consider the disposal of the City’s of Dubuque, Iowa on the 15th of August,interest in the following described property: 1996.Lot 6A of the est one-half of Block 1 in Regular Session, September 3, 1996 Dubuque Harbor Company’s Terrance M. Duggan, Mayor Addition, in the City of Dubuque, Iowa.Attest: Mary A. Davis, City Clerk WHEREAS, the City Council of the City ofCouncil Member Michalski moved adoption Dubuque, Iowa, overruled any and allof the Resolution. Seconded by Council objections, oral or written, to the disposal ofMember Voetberg. Carried by the following such interest in the above-described realvote: Yeas—Council Members Buol, Krieg, property by sale to David and Linda Herbst forMichalski, Nicholson, Robbins. Nays—Mayor development of off-street parking andDuggan, Council Member Voetberg. landscaping as per the approved site plan for the property dated August 14, 1996, andProof of publication certified to by the subject to payment of the City’s acquisitionPublisher on Notice to Bidders on the receipt cost of $2,400.00 and all transfer costs.of bids for project and City Manager NOW, THEREFORE, BE IT RESOLVEDrecommending to award contract for project, BY THE CITY COUNCIL OF THE CITY OFpresented and read. Council Member DUBUQUE, IOWA:Michalski moved that the proof and Section 1. The disposal of the interest ofcommunication be received and filed. the City of Dubuque, Iowa, in the above-Seconded by Council Member Voetberg. described real property by sale to David andCarried by the following vote: Yeas—Council Linda Herbst is hereby approved.Members Buol, Krieg, Michalski, Nicholson, Section 2. The Mayor is authorized andRobbins. Nays—Mayor Duggan, Council directed to execute a deed on behalf of theMember Voetberg. City of Dubuque. Section 3. The City Clerk is authorized andRESOLUTION NO. 318-96 directed to record a certified copy of thisAWARDING CONTRACT resolution in the offices of the City Assessor,WHEREAS, sealed proposals have been Dubuque County Recorder, and the Dubuquesubmitted by contractors for the EAGLE County Auditor.POINT PARK REST ROOM FACILITY Passed, approved and adopted this 3rd daypursuant to Resolution No. 283-96, and notice of September, 1996.to bidders published in a newspaper published Terrance M. Duggan, Mayorin the City of Dubuque, Iowa, on the 9th of Attest: Mary A. Davis, City ClerkAugust, 1996. Council Member Voetberg moved adoptionWHEREAS, said sealed proposals were of the Resolution. Seconded by Councilopened and read on the 22nd day of August, Member Krieg. Carried by the following vote:1996, and it has been determined that the bid Yeas—Mayor Duggan, Council Membersof GERARDY CONSTRUCTION, INC., in the Buol, Krieg, Michalski, Nicholson, Robbins,amount of $135,080 was the lowest bid for the Voetberg. Nays—None. furnishings of all labor and materials and performing the work as provided for in the Proof of publication certified to by theplans and specifications. Publisher on Notice of Hearing on Plans andNOW THEREFORE, BE IT RESOLVED Specification’s for Eagle Point Park RestBY THE CITY COUNCIL OF THE CITY OF Room Facility project, presented and read.DUBUQUE, IOWA: Council Member Michalski moved that theThat the contract for the above proof be received and filed. Seconded byimprovement be awarded to GERARDY Council Member Voetberg. Carried by theCONSTRUCTION, INC., and the Manager be following vote: Yeas—Council Members Buol,and is hereby directed to execute a contract on Krieg, Michalski, Nicholson, Robbins.behalf of the City of Dubuque for the complete Nays—Mayor Duggan, Council Memberperformance of the work. Voetberg. BE IT FURTHER RESOLVED: That upon the signing of said contract and RESOLUTION 317-96the approval of the contractor's bond, the City RESOLUTION ADOPTING PLANSTreasurer is authorized and instructed to AND SPECIFICATIONSreturn the bid deposits of the unsuccessful WHEREAS, on the 5th day of August,bidders. 1996, plans, specifications, form of contractPassed, approved and adopted this 3rd day and estimated cost were filed with the Cityof September, 1996. Clerk of Dubuque, Iowa for the EAGLETerrance M. Duggan, Mayor POINT PARK REST ROOM FACILITY.Attest: Mary A. Davis, City Clerk WHEREAS, notice of hearing on plans,Council Member Michalski moved adoption specifications, form of contract, and estimatedof the Resolution. Seconded by Council cost was published as required by law.Member Voetberg. Carried by the following NOW THEREFORE, BE IT RESOLVEDvote: Yeas—Council Members Buol, Krieg, BY THE CITY COUNCIL OF THE CITY OFMichalski, Nicholson, Robbins. Nays—Mayor DUBUQUE, IOWA:Duggan, Council Member Voetberg. That the said plans, specifications, form of contract and estimated cost are herebyProof of publication certified to by the approved as the plans, specifications, form ofPublisher on Notice of Hearing on Plans and contract and estimated cost for saidSpecifications for Flora Pool and Sutton Pool improvements for said project.Painting project, presented and read. Council Passed, approved and adopted this 3rd dayMember Krieg moved that the proof be of September, 1996.received and filed. Seconded by Council Regular Session, September 3, 1996 Member Nicholson. Carried by the followingTUCKPOINTING COMPANY, INC., and the vote: Yeas—Mayor Duggan, Council MembersManager be and is hereby directed to execute Buol, Krieg, Michalski, Nicholson, Robbins,a contract on behalf of the City of Dubuque for Voetberg. Nays—None. the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and RESOLUTION 319-96the approval of the contractor's bond, the City RESOLUTION ADOPTING PLANSTreasurer is authorized and instructed to AND SPECIFICATIONSreturn the bid deposits of the unsuccessful WHEREAS, on the 5th day of August,bidders. 1996, plans, specifications, form of contractPassed, approved and adopted this 3rd day and estimated cost were filed with the Cityof September, 1996. Clerk of Dubuque, Iowa for the FLORATerrance M. Duggan, Mayor POOL/SUTTON POOL PAINTINGAttest: Mary A. Davis, City Clerk PROJECT.Council Member Krieg moved that the WHEREAS, notice of hearing on plans,adoption of the Resolution. Seconded by specifications, form of contract, and estimatedCouncil Member Nicholson. Carried by the cost was published as required by law.following vote: Yeas—Mayor Duggan, Council NOW THEREFORE, BE IT RESOLVEDMembers Buol, Krieg, Michalski, Nicholson, BY THE CITY COUNCIL OF THE CITY OFRobbins, Voetberg. Nays—None. DUBUQUE, IOWA: That the said plans, specifications, form ofRobert Reding requesting to address the contract and estimated cost are herebyCouncil requesting a change to the City’s approved as the plans, specifications, form ofnoise ordinance, presented and read. Mr. contract and estimated cost for saidReding requested that the Noise Ordinance be improvements for said project.changed regarding that portion on barking Passed, approved and adopted this 3rd daydogs. Council Member Krieg moved that the of September, 1996.request be referred to the City Manager. Terrance M. Duggan, MayorSeconded by Council Member Buol. Carried Attest: Mary A. Davis, City Clerkby the following vote: Yeas—Mayor Duggan, Council Member Krieg moved that theCouncil Members Buol, Krieg, Michalski, adoption of the Resolution. Seconded byNicholson, Robbins, Voetberg. Nays—None. Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, CouncilLong Range Planning Advisory Members Buol, Krieg, Michalski, Nicholson,Commission submitting their Robbins, Voetberg. Nays—None.recommendations that Council should forward to the IDOT regarding the ‘Iowa In Motion’ Proof of publication certified to by thePlan, presented and read. Council Member Publisher on Notice to Bidders on receipt ofMichalski moved that it be resolved to send bids for project and City Managerthe recommendations to DMATS as an recommending to award contract for project,informational piece to be added to whatever presented and read. Council Member Kriegcame out of DMATS’ last meeting. Seconded moved that the proof and communication beby Council Member Buol. Carried by the received and filed. Seconded by Councilfollowing vote: Yeas—Mayor Duggan, Council Member Nicholson. Carried by the followingMembers Buol, Krieg, Michalski, Nicholson, vote: Yeas—Mayor Duggan, Council MembersRobbins, Voetberg. Nays—None. Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. City Manager recommending Long Range Planning Advisory Commission examine RESOLUTION NO. 320-96proposed land use on Northwest Arterial from AWARDING CONTRACTAsbury Road to JFK Road, presented and WHEREAS, sealed proposals have beenread. Council Member Voetberg moved that submitted by contractors for thethe communication be received and filed and FLORA/SUTTON POOL PAINTINGapproved recommendation. Seconded by PROJECT pursuant to Resolution No. 286-Council Member Nicholson. Carried by the 96, and notice to bidders published in afollowing vote: Yeas—Mayor Duggan, Council newspaper published in the City of Dubuque,Members Buol, Krieg, Michalski, Nicholson, Iowa, on the 9th of August, 1996.Robbins, Voetberg. Nays—None. WHEREAS, said sealed proposals were opened and read on the 21st day of August,City Manager submitting documents 1996, and it has been determined that the bidproviding for the bidding process for the Re- of FRED JACKSON TUCKPOINTINGroofing of Eagle Point Open Air Pavilion COMPANY, INC., in the amount of $44,277project, presented and read. Council Member was the lowest bid for the furnishings of allMichalski moved that the communication be labor and materials and performing the workreceived and filed. Seconded by Council as provided for in the plans and specifications.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. That the contract for the above improvement be awarded to FRED JACKSONRESOLUTION NO. 321-96 Regular Session, September 3, 1996 PRELIMINARY APPROVAL OFPROJECT is hereby ordered to be advertised PLANS AND SPECIFICATIONSfor bids for construction. BE IT RESOLVED BY THE CITYBE IT FURTHER RESOLVED, that the COUNCIL OF THE CITY OF DUBUQUE,amount of the security to accompany each bid IOWA:shall be in an amount which shall conform to That the proposed plans, specifications,the provisions of the notice to bidders hereby form of contract and estimated cost for theapproved as a part of the plans and RE-ROOFING OF OPEN AIR PAVILIONspecifications heretofore adopted. PROJECT, in the estimated amount ofThat the City Clerk is hereby directed to $25,000, are hereby approved and orderedadvertise for bids for the construction of the filed in the office of the City Clerk, for publicimprovements herein provided, to be published inspection.in a newspaper having general circulation in Passed, approved and adopted this 3rd daythe City of Dubuque, Iowa, which notice shall of September, 1996.not be less than four days nor more than Terrance M. Duggan, Mayortwenty days prior to the receipt of said bids at Attest: Mary A. Davis, City Clerk2:00 p.m. on the 24th day of September, Council Member Voetberg moved adoption1996. Bids shall be opened and read by the of the Resolution. Seconded by CouncilCity Clerk at said time and will be submitted to Member Buol. Carried by the following vote:the Council for final action at 7:00 p.m. on the Yeas—Mayor Duggan, Council Members7th day of October, 1996. Buol, Krieg, Michalski, Nicholson, Robbins,Passed, approved and adopted this 3rd day Voetberg. Nays—None. of September, 1996. Terrance M. Duggan, Mayor RESOLUTION NO. 322-96Attest: Mary A. Davis, City Clerk FIXING DATE OF HEARING ONCouncil Member Voetberg moved adoption PLANS AND SPECIFICATIONSof the Resolution. Seconded by Council WHEREAS, the City Council of the City ofMember Buol. Carried by the following vote: Dubuque, Iowa has given its preliminaryYeas—Mayor Duggan, Council Members approval on the proposed plans,Buol, Krieg, Michalski, Nicholson, Robbins, specifications, and form of contract andVoetberg. Nays—None. placed same on file in the office of the City Clerk for public inspection of the RE-City Manager submitting documents ROOFING OF OPEN AIR PAVILION INproviding for the bidding process for the 1996 EAGLE POINT PARK.Asphalt Paving Project, presented and read. NOW, THEREFORE, BE IT RESOLVED,Council Member Michalski moved that the BY THE CITY COUNCIL OF THE CITY OFcommunication be received and filed. DUBUQUE, IOWA, that on the 7th day ofSeconded by Council Member Nicholson. October, 1996, a public hearing will be held atCarried by the following vote: Yeas—Mayor 7:00 p.m. in the Public Library Auditorium, atDuggan, Council Members Buol, Krieg, which time interested persons may appear andMichalski, Nicholson, Robbins, Voetberg. be heard for or against the proposed plansNays—None. and specifications, form of contract and cost of said improvement, and the RESOLUTION NO. 324-96 City Clerk be and is hereby directed to causePRELIMINARY APPROVAL OF a notice of time and place of such hearing toPLANS AND SPECIFICATIONS be published in a newspaper having generalNOW THEREFORE, BE IT RESOLVED circulation in the City of Dubuque, Iowa, whichBY THE CITY COUNCIL OF THE CITY OF notice shall be not less than four days norDUBUQUE, IOWA: more than twenty days prior to the day fixed forThat the proposed plans, specifications, its consideration. At the hearing, anyform of contract and estimated cost for the interested person may appear and file1996 Asphalt Paving project, in the estimated objections to the proposed plans,amount of $245,346.50, are hereby approved specifications, contract, or estimated cost ofand ordered filed in the office of the City Clerk the improvement.for public inspection. Passed, approved and adopted this 3rd dayPassed, adopted and approved this 3rd day of September, 1996.of September, 1996. Terrance M. Duggan, MayorTerrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkAttest: Mary A. Davis, City Clerk Council Member Voetberg moved adoptionCouncil Member Michalski moved adoption of the Resolution. Seconded by Councilof the Resolution. Seconded by Council Member Buol. Carried by the following vote:Member Nicholson. Carried by the following Yeas—Mayor Duggan, Council Membersvote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Voetberg. Nays—None. RESOLUTION 323-96RESOLUTION NO. 325-96 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 RE-ROOFING OPEN AIRDubuque, Iowa has given its preliminary PAVILION IN EAGLE POINT PARKapproval on the proposed plans, Regular Session, September 3, 1996 specifications, and form of contract andNicholson, Robbins, Voetberg. Nays—None. placed same on file in the office of the City Clerk for public inspection of the 1996 AsphaltCity Manager submitting documents Paving Project.providing for the bidding process for 11th NOW THEREFORE, BE IT RESOLVEDStreet Ornamental Railing Project, presented BY THE CITY COUNCIL OF THE CITY OFand read. Council Member Voetberg moved DUBUQUE, IOWA:that the communication be received and filed. That on the October 7, 1996, a publicSeconded by Council Member Buol. Carried hearing will be held at 7:00 p.m. in the Publicby the following vote: Yeas—Mayor Duggan, Library Auditorium at which time interestedCouncil Members Buol, Krieg, Michalski, persons may appear and be heard for orNicholson, Robbins, Voetberg. Nays—None. against the proposed plans and specifications, form of contract and cost of said improvement,RESOLUTION NO. 327-96 and the City Clerk be and is hereby directed toPRELIMINARY APPROVAL OF cause a notice of time and place of suchPLANS AND SPECIFICATIONS hearing to be published in a newspaper havingNOW THEREFORE, BE IT RESOLVED general circulation in the City of Dubuque,BY THE CITY COUNCIL OF THE CITY OF Iowa, which notice shall be not less than fourDUBUQUE, IOWA: days nor more than twenty days prior to theThat the proposed plans, specifications, day fixed for its consideration. At the hearing,form of contract and estimated cost for the any interested person may appear and file11th Street Historical Neighborhood objections to the proposed plans,Ornamental Railing Project, in the estimated specifications, contract, or estimated cost ofamount of $33,547.80, are hereby approved the improvement.and ordered filed in the office of the City Clerk Passed, adopted and approved this 3rd dayfor public inspection. of September, 1996.Passed, adopted and approved this 3rd day Terrance M. Duggan, Mayorof September, 1996. Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Michalski movedAttest: Mary A. Davis, City Clerk adoption of the Resolution. Seconded byCouncil Member Voetberg moved adoption Council Member Nicholson. Carried by theof the Resolution. Seconded by Council following vote: Yeas—Mayor Duggan,Member Buol. Carried by the following vote: Council Members Buol, Krieg, Michalski,Yeas—Mayor Duggan, Council Members Nicholson, Robbins, Voetberg. Nays—None. Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. RESOLUTION NO. 326-96 ORDERING BIDSRESOLUTION NO. 328-96 NOW THEREFORE, BE IT RESOLVEDFIXING DATE OF HEARING ON BY THE COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS DUBUQUE, IOWA:Whereas, the City Council of the City of That the 1996 Asphalt Paving Project isDubuque, Iowa has given its preliminary hereby ordered to be advertised for bids forapproval on the proposed plans, 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 eachClerk for public inspection of the 11th Street bid shall be in an amount which shallHistorical Neighborhood Ornamental Railing conform to the provisions of the notice toProject. bidders hereby approved as a part of theNOW THEREFORE, BE IT RESOLVED plans and specifications heretofore adopted.BY THE CITY COUNCIL OF THE CITY OF That the City Clerk is hereby directed toDUBUQUE, IOWA: advertise for bids for the construction of theThat on the 16th of September, 1996, a improvements herein provided, to bepublic hearing will be held at 7:00 p.m. in the published in a newspaper having generalPublic Library Auditorium at which time circulation in the City of Dubuque, Iowa,interested persons may appear and be heard which notice shall not be less than four daysfor or against the proposed plans and nor more than twenty days prior to thespecifications, form of contract and cost of receipt of said bids at 2:00 p.m. on the 19thsaid improvement, and the City Clerk be and of September, 1996. Bids shall be openedis hereby directed to cause a notice of time and read by the City Clerk at said time andand place of such hearing to be published in a will be submitted to the Council for finalnewspaper having general circulation in the action at 7:00 p.m. on the 7th of October,City of Dubuque, Iowa, which notice shall be 1996.not less than four days nor more than twenty Passed, adopted and approved this 3rddays prior to the day fixed for its consideration. day of September, 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 Michalski movedcost of the improvement. adoption of the Resolution. Seconded byPassed, adopted and approved this 3rd day Council Member Nicholson. Carried by theof September, 1996. following vote: Yeas—Mayor Duggan,Terrance M. Duggan, Mayor Council Members Buol, Krieg, Michalski,Attest: Mary A. Davis, City Clerk Regular Session, September 3, 1996 Council Member Voetberg moved adoptionCouncil Member Voetberg moved adoption of the Resolution. Seconded by Councilof the Resolution. Seconded by Council Member Buol. Carried by the following vote:Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Voetberg. Nays—None. RESOLUTION NO. 329-96 ORDERING BIDSRESOLUTION NO. 331-96 NOW THEREFORE, BE IT RESOLVEDFIXING DATE OF HEARING ON BY THE COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS DUBUQUE, IOWA:Whereas, the City Council of the City of That the 11th Street HistoricalDubuque, Iowa has given its preliminary Neighborhood Ornamental Railing Project isapproval on the proposed plans, hereby ordered to be advertised for bids forspecifications, and form of contract and construction.placed same on file in the office of the City BE IT FURTHER RESOLVED, that theClerk for public inspection of the Kaufmann amount of the security to accompany each bidAvenue Storm Sewer Extension. shall be in an amount which shall conform toNOW THEREFORE, BE IT RESOLVED the provisions of the notice to bidders herebyBY THE CITY COUNCIL OF THE CITY OF approved as a part of the plans andDUBUQUE, IOWA: specifications heretofore adopted.That on the 16th of September, 1996, a That the City Clerk is hereby directed topublic hearing will be held at 7:00 p.m. in the advertise for bids for the construction of thePublic Library Auditorium at which time improvements herein provided, to be publishedinterested persons may appear and be heard in a newspaper having general circulation infor or against the proposed plans and the City of Dubuque, Iowa, which notice shallspecifications, form of contract and cost of not be less than four days nor more thansaid improvement, and the City Clerk be and twenty days prior to the receipt of said bids atis hereby directed to cause a notice of time 2:00 p.m. on the 11th of September, 1996.and place of such hearing to be published in a Bids shall be opened and read by the Citynewspaper having general circulation in the Clerk at said time and will be submitted to theCity of Dubuque, Iowa, which notice shall be Council for final action at 7:00 p.m. on thenot less than four days nor more than twenty 16th of September, 1996.days prior to the day fixed for its consideration. Passed, adopted and approved this 3rd dayAt the hearing, any interested person may of September, 1996.appear and file objections to the proposed Terrance M. Duggan, Mayorplans, specifications, contract, or estimated Attest: Mary A. Davis, City Clerkcost of the improvement. Council Member Voetberg moved adoptionPassed, adopted and approved this 3rd day of the Resolution. Seconded by Councilof September, 1996. Member Buol. Carried by the following vote:Terrance M. Duggan, Mayor Yeas—Mayor Duggan, Council MembersAttest: Mary A. Davis, City Clerk Buol, Krieg, Michalski, Nicholson, Robbins,Council Member Voetberg moved adoption Voetberg. Nays—None. of the Resolution. Seconded by Council Member Buol. Carried by the following vote: City Manager submitting documentsYeas—Mayor Duggan, Council Members providing for the bidding process forBuol, Krieg, Michalski, Nicholson, Robbins, Kaufmann Avenue Storm Sewer ExtensionVoetberg. Nays—None. project, presented and read. Council Member Voetberg moved that the communication beRESOLUTION NO. 332-96 received and filed. Seconded by CouncilORDERING BIDS Member Buol. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED Yeas—Mayor Duggan, Council MembersBY THE COUNCIL OF THE CITY OF Buol, Krieg, Michalski, Nicholson, Robbins,DUBUQUE, IOWA: Voetberg. Nays—None. That the Kaufmann Avenue Storm Sewer Extension is hereby ordered to be advertised RESOLUTION NO. 330-96for bids for construction. PRELIMINARY APPROVAL OFBE IT FURTHER RESOLVED, that the PLANS AND SPECIFICATIONSamount of the security to accompany each bid NOW THEREFORE, BE IT RESOLVEDshall be in an amount which shall conform to BY THE CITY COUNCIL OF THE CITY OFthe provisions of the notice to bidders hereby DUBUQUE, IOWA:approved as a part of the plans and That the proposed plans, specifications,specifications heretofore adopted. form of contract and estimated cost for theThat the City Clerk is hereby directed to Kaufmann Avenue Storm Sewer Extension, inadvertise for bids for the construction of the the estimated amount of $33,490.78, areimprovements herein provided, to be published hereby approved and ordered filed in the officein a newspaper having general circulation in of the City Clerk for public inspection.the City of Dubuque, Iowa, which notice shall Passed, adopted and approved this 3rd daynot be less than four days nor more than of September, 1996.twenty days prior to the receipt of said bids at th Terrance M. Duggan, Mayor2:00 p.m. on the 11 of September, 1996. Attest: Mary A. Davis, City ClerkBids shall be opened and read by the City Regular Session, September 3, 1996 Clerk at said time and will be submitted to the th Council for final action at 7:00 p.m. on the 16 of September, 1996.Council Members Passed, adopted and approved this 3rd dayAttest: of September, 1996. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkCity Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Council Member Buol moved to adjourn. 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 9:19 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Adopted , 1997 Mayor 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