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