1996 October Council ProceedingsRegular Session, October 7, 1996
read. Council Member Voetberg moved that
DUBUQUE
the proof and reports be received and filed.
Seconded by Council Member Michalski.
Carried by the following vote: Yeas—Mayor
CITY COUNCIL
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays—None.
OFFICIAL
PROCEEDINGS
RESOLUTION NO. 353-96
RESOLUTION AUTHORIZING ADOPTION
OF THE FISCAL YEAR 1996 ANNUAL
PERFORMANCE REPORT OF THE
City Council, Regular Session, October 7,
HOUSING SERVICES DEPARTMENT
1996.
Whereas, a Consolidated Plan for Housing
Council Met at 7:00 p.m., Public Library
and Community Development 1995-2000 was
Auditorium
adopted by the City Council in April 1995; and
Present: Mayor Duggan, Council Members
Whereas, an Annual Action Plan must be
Buol, Krieg, Michalski, Nicholson, Robbins,
published which specifies housing and
Voetberg, City Manager Michael Van Milligen,
community development goals and objectives
Corporation Counsel Barry Lindahl.
in each year for the period 1995-2000; and
`Whereas, an Annual Performance Report
Mayor Duggan read the call and stated this
must be compiled and made available for
is the Regular Session of the City Council
public comment, to assess performance of the
called for the purpose to act upon such
Housing Services Department in achievement
business which may properly come before the
of these goals and objectives, for each year
Council.
during the period 1995-2000; and
Whereas, the FY96 Annual Performance
Invocation was given by Mayor Duggan.
Report has been made available to the public,
a notice has been published advising the
PROCLAMATIONS — Month of Oct. as
public of a review and comment period and a
“Brain Injury Awareness Month” received by
duly-noticed public hearing has been held by
Gary Ruden; Oct. 6 as “Mental Illness
the Housing Commission, all in accordance
Awareness Week” received by Carol Oberfoell
with requirements of Chapter 403.A.28 of the
and Barb McMurray; Oct. 6-12 as “Fire
Code of Iowa.
Prevention Week” received by Steve Neyens;
NOW, THEREFORE, BE IT RESOLVED
and Oct. 15 as “White Cane Safety Day”
BY THE CITY COUNCIL OF DUBUQUE,
received by Cheryl Parker; and October 6-12
IOWA:
as “Retired and Senior Volunteer Week”
Section 1. The Mayor is authorized and
received by Chris Schmitz.
directed to execute this resolution signifying
the City Council’s adoption of the FY 1996
MINUTES SUBMITTED — Airport
Annual Performance Report.
Commission of 8-13 & 8-16; Citizens with
Section 2. The City Manager is hereby
Disabilities Parking Review Committee of 8-
authorized and directed to forward said Report
27; Environmental Stewardship Commission
as required to the US Department of Housing
of 9-3; Five Flags Commission of 8-19;
and Urban Development.
Historic Preservation Commission of 9-9 & 9-
Passed, approved and adopted this 7th day
23; Housing Code Appeals Board of 8-20;
of October, 1996.
Housing Commission of 9-17; Housing
Terrance M. Duggan, Mayor
Commission Trust Fund Committee of 9-26;
Attest: Mary A. Davis, City Clerk
Human Rights Commission of 8-12; Public
Council Member Voetberg moved adoption
Library Board of Trustees of 8-29, presented
of the Resolution. Seconded by Council
and read. Council Member Voetberg moved
Member Michalski. Carried by the following
that the minutes be received and filed.
vote: Yeas—Mayor Duggan, Council Members
Seconded by Council Member Michalski.
Buol, Krieg, Michalski, Nicholson, Robbins,
Carried by the following vote: Yeas—Mayor
Voetberg. Nays—None.
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
NOTICES OF CLAIMS/SUITS —
Nays—None.
Dubuque Professional Firefighters
Association, and John F. Egan vs. City of
Proofs of Publication on published City
Dubuque requesting reinstallation of 80 hours
Council proceedings of 8-29 & 9-3; 1996
and one casual day; In the matter of
Financial Report for City for Fiscal Year ended
condemnation in connection with the South
June 30, 1996; Finance Director submitting
Fork Sanitary Interceptor Sewer Extension by
Financial Reports for August 1996; Airport
Jeffrey F. and Karen Arensdorf and Howard
Commission submitting FBO Report as
W. and Sandra L. Arensdorf; Homeside
requested; Civic Center Commission’s year-
Lending, Inc. et al vs. City of Dubuque et al
end report for Fiscal Year 1996; Convention
submitting petition for Mortgage Foreclosure
and Visitors Bureau submitting their 1st
and Receiver; Beatrice B. Bisenius in amount
Quarter Report; and Housing Services
of $84.77 for tire damages; Daniel & Diane
Department submitting their Fiscal Year 1996
Hohmann in amount of $259.85 for vehicle
Annual Performance Report, presented and
Regular Session, October 7, 1996
damages; Dan Iannazzo in amount of $135.57Duggan, Council Members Buol, Krieg,
for vehicle damages; Jack Kowalski in amountMichalski, Nicholson, Robbins, Voetberg.
of $500.00 for property damages, presentedNays—None.
and read. Council Member Voetberg moved
that the claims and suits be referred to theRESOLUTION NO. 354-96
Legal Staff for investigation and report.A RESOLUTION APPROVING THIRD
Seconded by Council Member Michalski.SUPPLEMENTAL INDENTURE RELATING
Carried by the following vote: Yeas—MayorTO BONDS ISSUED PURSUANT TO
Duggan, Council Members Buol, Krieg,CHAPTER 419 OF THE CODE OF IOWA
Michalski, Nicholson, Robbins, Voetberg.Whereas, the City of Dubuque, Iowa (the
Nays—None. “Issuer”) is authorizing under the provisions of
Chapter 419 of the Code of Iowa, as amended
Corporation Counsel recommending denial(the “Act”), among other things, to issue
of tire damage claim of Ellen Brown,revenue bonds and loan the proceeds thereof
presented and read. Council Memberpursuant to a loan agreement to one or more
Voetberg moved that the communication becontracting parties (as defined in the Act) to
received and filed and denial approved.be used to pay the cost of acquiring, by
Seconded by Council Member Michalski.construction or purchase, land, buildings,
Carried by the following vote: Yeas—Mayorimprovements and equipment, or any interest
Duggan, Council Members Buol, Krieg,therein, suitable for use of any voluntary
Michalski, Nicholson, Robbins, Voetberg.nonprofit hospital and to retire any existing
Nays—None. indebtedness of a voluntary nonprofit hospital
and to refund any bonds issued under the Act;
Corporation Counsel recommendingand
settlement of tire damage claim of RichardWhereas, the Issuer has heretofore issued
Haberkorn in amount of $107.64 and directingits Hospital Facility First Mortgage Refunding
Finance Director to make payment, presentedand Improvement Revenue Bonds (The Finley
and read. Council Member Voetberg movedHospital Project) Series 1977 (the “Series
that the communication be received and filed1977 Bonds”) pursuant to that certain
and approved settlement. Seconded byIndenture of Trust dated as of September 1,
Council Member Michalski. Carried by the1977 (the “Original Indenture”) between the
following vote: Yeas—Mayor Duggan, CouncilIssuer and Norwest Bank Iowa, National
Members Buol, Krieg, Michalski, Nicholson,Association, as Trustee (the “Trustee”) and
Robbins, Voetberg. Nays—None. has loaned the proceeds of the Series 1977
Bonds to The Finley Hospital (the
Corporation Counsel advising following“Corporation”) pursuant to a Loan Agreement
claims have been referred to Crawford &dated as of September 1, 1977 (the “Original
Company, the agent for the Iowa CommunitiesAgreement”) between the Corporation and the
Assurance Pool: Property damage of Ron &Issuer for the purpose of refunding the
Ann Burds; Property damage of Curtis W.Issuer’s previous issue of $4,250,000 Hospital
Fewell; Property damage of Thomas E.Facility First Mortgage Revenue Bonds (The
Fransen; Property damage of Steven J.Finley Hospital Project) Series A (the “Series
Gerardy; Property damage of Greg & CynthiaA Bonds”) and to finance part of the cost of
Cigrand; Personal injury of Jane Lindauer;additional buildings and improvements to the
Property damage of Pat Heiberger, presentedCorporation’s existing hospital facilities; and
and read. Council Member Voetberg movedWhereas, the Issuer has previously issued
that the communication be received and filed.its Hospital Revenue Bonds (The Finley
Seconded by Council Member Michalski.Hospital Project) Series 1992 (the “Series
Carried by the following vote: Yeas—Mayor1992 Bonds”) in the aggregate principal
Duggan, Council Members Buol, Krieg,amount of $10,700,000 pursuant to a First
Michalski, Nicholson, Robbins, Voetberg.Supplemental Indenture of Trust dated as of
Nays—None. August 15, 1992 (the “First Supplemental
Indenture”) and the Original Indenture and
Denise Erschen requesting to purchase Lotloaned the proceeds of the Series 1992 Bonds
100 in Lenox Addition (Carlton Avenue,to the Corporation pursuant to the Original
approaching Van Buren), presented and read.Agreement as amended and supplemented by
Council Member Voetberg moved that thea First Amendatory Loan Agreement dated as
request be referred to the City Manager andof August 15, 1992 (the “First Amendatory
Staff. Seconded by Council MemberAgreement”) between the Issuer and the
Michalski. Carried by the following vote:Corporation); and
Yeas—Mayor Duggan, Council MembersWhereas, the Issuer has previously issued
Buol, Krieg, Michalski, Nicholson, Robbins,its Hospital Refunding Revenue Bonds (The
Voetberg. Nays—None. Finley Hospital) Series 1993 (the “Series 1993
Bonds”) in the aggregate principal amount of
City Manager recommending approval of$7,305,000 pursuant to a Second
the Third Supplemental Indenture relating toSupplemental Indenture of Trust dated as of
bonds for Finley Hospital project, presentedDecember 1, 1993 (the “Second Supplemental
and read. Council Member Voetberg movedIndenture”), the Original Indenture and the
that the communication be received and filed.First Supplemental Indenture (the original
Seconded by Council Member Michalski.Indenture as supplemented and amended by
Carried by the following vote: Yeas—Mayorthe first Supplemental Indenture and the
Regular Session, October 7, 1996
Second Supplemental Indenture is hereinafterRefunds Requested: Elaine Kelly $422.50
referred to as the “indenture”) and loaned theon unexpired Liquor License; Tara Roskopp
proceeds of the Series 1993 Bonds to the$75.00 on unexpired Cigarette License,
Corporation pursuant to the Originalpresented and read. Council Member
Agreement as amended and supplemented byVoetberg moved that the refund be approved
the First Amendatory Agreement and aand directed Finance Dir. to issue proper
Second Amendatory Loan Agreement datedcheck. Seconded by Council Member
as of December 1, 1993 (the “SecondMichalski. Carried by the following vote:
Amendatory Agreement”) between the IssuerYeas—Mayor Duggan, Council Members
and the Corporation (the Original AgreementBuol, Krieg, Michalski, Nicholson, Robbins,
as so amended and supplemented by the FirstVoetberg. Nays—None.
Amendatory Agreement and the Second
Amendatory Agreement is hereinafter referredCity Manager recommending approval of an
to as the “Agreement”); andamendment to Fighting Saints Usage
Whereas, the Corporation has requestedAgreement, presented and read. Council
that the Issuer and the Trustee enter into aMember Voetberg moved that the
Third Supplemental Indenture of Trust (thecommunication be received and filed and
“Third Supplemental Indenture”) to cure formalapproved. Seconded by Council Member
defects in the Indenture and make otherMichalski. Carried by the following vote:
changes provided therein which are not to theYeas—Mayor Duggan, Council Members
prejudice of the Trustee or the BondholdersBuol, Krieg, Michalski, Nicholson, Robbins,
pursuant to Section 11.01 of the OriginalVoetberg. Nays—None.
Indenture; and
NOW, THEREFORE, Be it Resolved byCity Manager submitting ‘Built-Out’ Status’
the City Council of the Issuer, as follows:of Subdivision, presented and read. Council
Section 1. That the Third SupplementalMember Voetberg moved that the
Indenture is hereby approved in substantiallycommunication be received and filed.
the form as has been presented to andSeconded by Council Member Michalski.
considered by this Council and containingCarried by the following vote: Yeas—Mayor
substantially the terms and provisions set forthDuggan, Council Members Buol, Krieg,
therein, and the Mayor and City Clerk areMichalski, Nicholson, Robbins, Voetberg.
hereby authorized and directed to execute,Nays—None.
attest, seal and deliver the Third Supplemental
Indenture by and on behalf of the Issuer.City Manager requesting authorization to
Section 2. That the Mayor and City Clerknegotiate and execute an amendment to the
are hereby authorized and directed to execute,DRA Lease, presented and read. Council
attest, seal and deliver any and all documentsMember Voetberg moved that the
and do any and all things deemed necessarycommunication be received and filed and
to effect the execution and delivery of therequest approved. Seconded by Council
Third Supplemental Indenture and to carry outMember Michalski. Carried by the following
the intent and purposes of this resolution,vote: Yeas—Mayor Duggan, Council Members
including the preamble hereto.Buol, Krieg, Michalski, Nicholson, Robbins,
Section 3. That all provisions of thisVoetberg. Nays—None.
resolution are hereby declared to be separable
and if any action, phrase, or provision shall forCity Manager submitting Legislative Issues
any reason be declared to be invalid, suchas prepared by City Staff members, presented
declaration shall not affect the validity of theand read. Council Member Voetberg moved
remainder of the Sections, phrases andthat the communication be received and filed.
provisions.Seconded by Council Member Michalski.
Section 4. That this resolution shallCarried by the following vote: Yeas—Mayor
become shall become effective immediatelyDuggan, Council Members Buol, Krieg,
upon its passage and approval. Michalski, Nicholson, Robbins, Voetberg.
Passed and approved this 7th day ofNays—None.
October, 1996.
CITY OF DUBUQUE, IOWACity Manager recommending the access
By: /s/ Terrance M. Duggan, Mayorand land use issues related to Phase IV of the
Attest:Northwest Arterial be referred to the Long
By: Mary A. Davis, City ClerkRange Planning Advisory Commission,
(Seal)presented and read. Council Member
On motion and vote, the meeting adjourned.Voetberg moved that the communication be
CITY OF DUBUQUE, IOWAreceived and filed. Seconded by Council
By: /s/ Terrance M. Duggan, MayorMember Michalski. Carried by the following
Attest:vote: Yeas—Mayor Duggan, Council Members
By: /s/ Mary A. Davis, City ClerkBuol, Krieg, Michalski, Nicholson, Robbins,
Council Member Voetberg moved adoptionVoetberg. Nays—None.
of the Resolution. Seconded by Council
Member Michalski. Carried by the followingCity Manager recommending approval of
vote: Yeas—Mayor Duggan, Council Membersthe annual contract for the Project Concern
Buol, Krieg, Michalski, Nicholson, Robbins,Mini-Bus Service, presented and read. Council
Voetberg. Nays—None. Member Voetberg moved that the
communication be received and filed and
Regular Session, October 7, 1996
approved contract. Seconded by CouncilSeconded by Council Member Michalski.
Member Michalski. Carried by the followingCarried by the following vote: Yeas—Mayor
vote: Yeas—Mayor Duggan, Council MembersDuggan, Council Members Buol, Krieg,
Buol, Krieg, Michalski, Nicholson, Robbins,Michalski, Nicholson, Robbins, Voetberg.
Voetberg. Nays—None. Nays—None.
City Manager recommending approval ofRobert Walser requesting vacation and
Contract for Funding of Local AIDS Preventivepurchase of property along Pine Street
Health Program, presented and read. Councilbetween 17th & 18th Streets, presented and
Member Voetberg moved that theread. Council Member Voetberg moved that
communication be received and filed andthe request be referred to the City Manager for
approved. Seconded by Council Memberinvestigation and report. Seconded by Council
Michalski. Carried by the following vote:Member Michalski. 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 NO. 355-96Copy of communication from the Airport
A RESOLUTION APPROVING THE AIDSDirector submitted to Federal Aviation
PREVENTATIVE HEALTH CONTRACTAdministration commenting on the proposed
BETWEEN THE IOWA DEPARTMENT OFdecommissioning of the middle marker serving
PUBLIC HEALTH AND THE CITY OFthe instrument landing system on Runway 31
DUBUQUE, IOWA AND AUTHORIZING THEat the Regional Airport, presented and read.
CITY MANAGER TO SIGN A CONTRACTCouncil Member Voetberg moved that the
WITH THE IOWA DEPARTMENT OFcommunication be received and filed.
PUBLIC HEALTH FOR FUNDING OF ASeconded by Council Member Michalski.
LOCAL AIDS PREVENTATIVE HEALTHCarried by the following vote: Yeas—Mayor
PROGRAM.Duggan, Council Members Buol, Krieg,
Whereas, the Iowa Department of PublicMichalski, Nicholson, Robbins, Voetberg.
Health has offered to provide financial supportNays—None.
for local AIDS Preventative Health and
Education Programs in the City of Dubuque;City Manager advising of support for
andfunding application of Kaleidoscope for an
Whereas, the City of Dubuque desires tointercultural fair at Kennedy Mall, presented
establish and maintain such local AIDSand read. Council Member Voetberg moved
Preventative Health and Education Programs;that the communication be received and filed.
andSeconded by Council Member Michalski.
Whereas, the Iowa Department of PublicCarried by the following vote: Yeas—Mayor
Health has presented the City Health ServicesDuggan, Council Members Buol, Krieg,
Division a proposed contract amendment forMichalski, Nicholson, Robbins, Voetberg.
continued funding, a copy of which is attachedNays—None.
hereto.
NOW, THEREFORE, BE IT RESOLVEDCity Manager recommending Neighborhood
BY THE CITY COUNCIL OF THE CITY OFSupport Program be modified, presented and
DUBUQUE, IOWA:read. Council Member Voetberg moved that
Section 1. That the City of Dubuque, Iowa,the communication be received and filed and
hereby approves the attached AIDSapproved modification. Seconded by Council
Preventative Health Contract between the IowaMember Michalski. Carried by the following
Department of Public Health and the City ofvote: Yeas—Mayor Duggan, Council Members
Dubuque, Iowa.Buol, Krieg, Michalski, Nicholson, Robbins,
Section 2. The City Manager is herebyVoetberg. Nays—None.
authorized and directed to execute said
contracts on behalf of the City of Dubuque,City Manager recommending Neighborhood
Iowa.Communication Grant Program changes,
Passed, approved and adopted this 7th daypresented and read. Council Member
of October, 1996.Voetberg moved that the communication be
Terrance M. Duggan, Mayorreceived and field and program be approved.
Attest: Mary A. Davis, City ClerkSeconded by Council Member Michalski.
Council Member Voetberg moved adoptionCarried by the following vote: Yeas—Mayor
of the Resolution. Seconded by CouncilDuggan, Council Members Buol, Krieg,
Member Michalski. Carried by the followingMichalski, Nicholson, Robbins, Voetberg.
vote: Yeas—Mayor Duggan, Council MembersNays—None.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. RESOLUTION NO. 356-96
NOW, THEREFORE, BE IT RESOLVED
City Manager requesting approval of theBY THE CITY COUNCIL OF THE CITY OF
Annual Cooperative Agreement with the IowaDUBUQUE, IOWA:
Civil Rights Commission and authorize MayorThat the following having complied with the
to execute, presented and read. Councilprovisions of law relating to the sale
Member Voetberg moved that theof Cigarettes within the City of Dubuque, Iowa,
communication be received and filed.be granted a permit to sell Cigarettes and
Regular Session, October 7, 1996
Cigarette Papers within said City.Passed, approved and adopted this 7th day
NEWof October, 1996.
Jordan Inc., of IowaCopper KettleTerrance M. Duggan, Mayor
2987 Jackson StAttest: Mary A. Davis, City Clerk
Passed, approved and adopted this 7thCouncil Member Voetberg moved adoption
day of October, 1996.of the Resolution. Seconded by Council
Terrance M. Duggan, MayorMember Michalski. Carried by the following
Attest: Mary A. Davis, City Clerkvote: Yeas—Mayor Duggan, Council Members
Council Member Voetberg moved adoptionBuol, Krieg, Michalski, Nicholson, Robbins,
of the Resolution. Seconded by CouncilVoetberg. Nays—None.
Member Michalski. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersBOARDS AND COMMISSIONS:
Buol, Krieg, Michalski, Nicholson, Robbins,ENVIRONMENTAL STEWARDSHIP
Voetberg. Nays—None. ADVISORY COMMISSION: Council Member
Voetberg moved that Rachel Schultz (rep.
RESOLUTION NO. 357-96Youth) be reappointed for a one year term
Whereas, applications for Beer Permitswhich will expire 10-1-97 and Paul Tabor
have been submitted and filed to this Councilreappointed for a three-year term which will
for approval and the same have beenexpire 10-1-99. Seconded by Council Member
examined and approved; and Nicholson. Carried by the following vote:
Whereas, the premises to be occupied byYeas—Mayor Duggan, Council Members
such applicants were inspected and found toBuol, Krieg, Michalski, Nicholson, Robbins,
comply with the Ordinances of this City andVoetberg. Nays—None.
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVEDCouncil Member Buol moved that it be
BY THE CITY COUNCIL OF THE CITY OFresolved to suspend the rules to allow anyone
DUBUQUE, IOWA:to speak if they so desire. Seconded by
That the Manager be authorized to cause toCouncil Member Michalski. Carried by the
be issued the following named applicants afollowing vote: Yeas—Mayor Duggan, Council
Beer Permit.Members Buol, Krieg, Michalski, Nicholson,
CLASS "B" BEER PERMITRobbins, Voetberg. Nays—None.
J & P O'Hara, Inc.Happy Joe's Pizza & Ice
Cream+(Sunday Sales)855 Century Dr.Proof of publication certified to by the
CLASS "C" BEER PERMITPublisher on Notice of hearing to consider
Mulgrew Oil Co.Plaza 20 Amoco Foodshopamending Zoning Ordinance regarding
+(Sunday Sales)2600 Dodge St,storage of recreational vehicles; Clarence
Passed, approved and adopted this 7th dayFaust requesting formation of Ad Hoc
of October, 1996.Committee to rework this portion of the
Terrance M. Duggan, Mayorordinance and Steve Apel and Vance Delire
Attest: Mary A Davis, City Clerkexpressing concern regarding definition of
Council Member Voetberg moved adoption“Inoperable Vehicle,” presented and read.
of the Resolution. Seconded by CouncilCouncil Member Buol moved that the proof
Member Michalski. Carried by the followingand communications be received and filed.
vote: Yeas—Mayor Duggan, Council MembersSeconded by Council Member Michalski.
Buol, Krieg, Michalski, Nicholson, Robbins,Carried by the following vote: Yeas—Mayor
Voetberg. Nays—None. Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
RESOLUTION NO. 358-96Nays—None.
Whereas, applications for Liquor Licenses
have been submitted to this Council forMel Ward, June Schoenauer, Harold Price,
approval and the same have been examinedJohn Bradley, and Marian Williams all spoke
and approved; andconcerning the proposed Ordinance change.
Whereas, the premises to be occupied by
such applicants were inspected and found toAn Ordinance Enacting a new Section 4-
comply with the State Laws and all City2.6 ‘Special provisions for off-street parking
Ordinances relevant thereto and they haveand storage of vehicles in residential districts,’
filed proper bonds.said Ordinance having been presented and
NOW, THEREFORE, BE IT RESOLVEDread at the Council Meeting of 9-16-96, now
BY THE CITY COUNCIL OF THE CITY OFpresented for further action.
DUBUQUE, IOWA:
That the Manager be authorized to cause to(OFFICIAL PUBLICATION)
be issued the following named applicantsORDINANCE NO. 44-96
a Liquor License.AN ORDINANCE AMENDING SECTION 4-
CLASS "C" (COMMERCIAL) 2.6 OF THE ZONING ORDINANCE
BEER & LIQUOR LICENSE(APPENDIX A) OF THE CODE OF
Jordan Inc. of IowaCopper KettleORDINANCES OF THE CITY OF
+(Sunday Sales)2987 Jackson St.DUBUQUE, IOWA.
Europa Haus Rest. & BierstubeEuropa HausNOW, THEREFORE, BE IT ORDAINED
Rest. & Bierstube1301 Rhomberg Ave.BY THE CITY COUNCIL OF THE CITY OF
Jim & Janet KohlGrand TapDUBUQUE, IOWA:
+(Sunday Sales)802 Central Ave.Section 1. Appendix A of the City Code of
Regular Session, October 7, 1996
Ordinances is hereby amended by repealingAttorney Gary Norby spoke representing
Section 4-2.6 and adopting in lieu thereof aBriggs Enterprises requesting larger area be
new Section 4-2.6 Special provisions for off-rezoned.
street parking and storage of vehicles in
An Ordinance Amending Zoning Map by
residential districts as shown on Exhibit A.
reclassifying property North of W. 32nd Street
Section 2. This ordinance has been
from AG Agricultural District to R-1 Single-
reviewed by the Zoning Advisory Commission
Family Residential District described as ‘That
of the City of Dubuque, Iowa.
part of Block 3 Tiffany Ridge and that part of
Section 3. This ordinance shall take effect
Lot 1 of South ½ of SE 1/4 of the SW 1/4 and
immediately upon publication, as provided by
the SW 1/4 of SW 1/4 of SE 1/4 of Section 10
law.
T89N, R2E that will be located south of the
Passed, approved and adopted this 7th day
south line of the adjoining public right-of-way
of October, 1996.
of the Northwest Arterial’ (Smaller area
Terrance M. Duggan, Mayor
approved by Zoning Advisory Commission),
Attest: Mary A. Davis, City Clerk
said Ordinance having been presented and
Published officially in the Telegraph Herald
read at the Council Meeting of 9-16-96,
newspaper this 22nd day of October, 1996.
presented for further action.
1t 10/22 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved to amend
(OFFICIAL PUBLICATION)
the proposed Ordinance by striking “broken
ORDINANCE NO. 45-96
or” in both places - (B) (4) (B). Seconded by
AN ORDINANCE AMENDING APPENDIX A
Council Member Nicholson. Carried by the
(THE ZONING ORDINANCE) OF THE CITY
following vote: Yeas—Council Members Buol,
OF DUBUQUE CODE OF ORDINANCES,
Krieg, Nicholson, Voetberg. Nays—Mayor
BY RECLASSIFYING HEREINAFTER
Duggan, Council Members Michalski,
DESCRIBED PROPERTY LOCATED
Robbins.
NORTH OF W. 32ND STREET (TIFFANY
Council Member Voetberg further moved to
RIDGE SUBDIVISION) FROM AG
amend the Ordinance by removing “loose or”
AGRICULTURAL DISTRICT TO R-1
in (B) (4) (C). Seconded by Council Member
SINGLE-FAMILY RESIDENTIAL DISTRICT.
Nicholson. Vote on the motion was as follows:
NOW, THEREFORE, BE IT ORDAINED
Yeas—Council Members Buol, Nicholson,
BY THE CITY COUNCIL OF THE CITY OF
Voetberg. Nays—Mayor Duggan, Council
DUBUQUE, IOWA:
Members Krieg, Michalski, Robbins. MOTION
Section 1. That Appendix A (the Zoning
FAILED.
Ordinance) of the City of Dubuque Code of
Council Member Buol moved to amend the
Ordinances is hereby amended by
Ordinance by adding to: (C) (7) “Not less than
reclassifying the hereinafter described
the outside dimensions of the vehicle parked
property from AG Agricultural District to R-1
or stored thereon.” Seconded by Council
Single-Family Residential District, to wit:
Member Nicholson. Carried by the following
That part of Block 3 Tiffany Ridge and that
vote: Yeas—Mayor Duggan, Council Members
part of Lot 1 of South 1/2 of Southeast 1/4 of
Buol, Krieg, Michalski, Nicholson, Robbins,
the Southwest 1/4 and the Southwest 1/4 of
Voetberg. Nays—None.
the Southwest 1/4 of the Southeast 1/4 of
Council Member Michalski moved to amend
Section 10, T89N, R25, that will be located
(C) (2) by allowing front yard storage if
south of the south line of the adjoining public
approved by Zoning Board of Adjustment for
right-of-way of the Northwest Arterial, all in the
special variance. Seconded by Council
City of Dubuque, Iowa.
Member Robbins. Vote on the motion was as
Section 2. The foregoing amendment has
follows: Yeas—Mayor Duggan, Council
heretofore been reviewed by the Zoning
Members Nicholson, Robbins. Nays—Council
Advisory Commission of the City of Dubuque,
Members Buol, Krieg, Michalski, Voetberg.
Iowa.
MOTION FAILED.
Section 3. This ordinance shall take effect
Council Member Buol moved final
immediately upon publication, as provided by
consideration and passage of the Ordinance,
law.
as amended. Seconded by Council Member
Passed, approved and adopted this 7th day
Michalski. Carried by the following vote:
of October, 1996.
Yeas—Mayor Duggan, Council Members
Terrance M. Duggan, Mayor
Buol, Krieg, Michalski, Nicholson, Robbins,
Attest: Mary A. Davis, City Clerk
Voetberg. Nays—None.
Published officially in the Telegraph Herald
newspaper this 17th day of October, 1996.
Proof of publication certified to by the
1t 10/17 Mary A. Davis CMC, City Clerk
Publisher on Notice of Hearing to reclassify
Council Member Nicholson moved final
property North of W. 32nd Street (Tiffany
consideration and passage of the Ordinance.
Ridge Subdivision) from AG to R-1 District,
Seconded by Council Member Voetberg.
presented and read. Council Member
Carried by the following vote: Yeas—Mayor
Nicholson moved that the proof be received
Duggan, Council Members Buol, Krieg,
and filed. Seconded by Council Member
Michalski, Nicholson, Robbins, Voetberg.
Voetberg. Carried by the following vote:
Nays—None.
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Proof of publication certified to by the
Voetberg. Nays—None.
Publisher on Notice of Public Hearing to
Regular Session, October 7, 1996
reclassify property at 1323 Garfield from R-2Apresented and read. Council Member
to R-3 District, presented and read. CouncilMichalski moved that the proof, petition and
Member Robbins moved that the proof becommunication be received and filed.
received and filed. Seconded by CouncilSeconded by Council Member Buol. Carried
Member Voetberg. Carried by the followingby the following vote: Yeas—Mayor Duggan,
vote: Yeas—Mayor Duggan, Council MembersCouncil Members Buol, Krieg, Michalski,
Buol, Krieg, Michalski, Nicholson, Robbins,Nicholson, Robbins, Voetberg. Nays—None.
Voetberg. Nays—None.
RESOLUTION NO. 359-96
An Ordinance Amending Zoning Map byWhereas, pursuant to resolution and
reclassifying property at 1323 Garfield Ave.published notice of time and place of hearing,
from R-2A Alternate Two-Family Residentialpublished in the Telegraph Herald, a
District to R-3 Moderate Density Multi-Familynewspaper of general circulation published in
Residential District, said Ordinance havingthe City of Dubuque, Iowa on 27th day of
been presented and read at the CouncilSeptember, 1996, the City Council of the City
Meeting of 9-16-96, now presented for finalof Dubuque, Iowa met on the 7th day of
action. October, 1996 at 7:30 p.m. in the Public
th
Library Auditorium, 11 and Locust, Dubuque,
(OFFICIAL PUBLICATION)Dubuque County, Iowa to consider the
ORDINANCE NO. 46-96proposal for a grant a perpetual utility and
AN ORDINANCE AMENDING APPENDIX Aingress and egress across real estate
(THE ZONING ORDINANCE) OF THE CITYdescribed as:
OF DUBUQUE CODE OF ORDINANCES,Lot 2 of 1 of 1 of 1 of Mineral Lot 337
BY RECLASSIFYING HEREINAFTERWhereas, the City Council of the City of
DESCRIBED PROPERTY LOCATED ATDubuque, Iowa overruled any and all
1323 GARFIELD FROM R-2A ALTERNATEobjections, oral or written, to the proposal to
TWO-FAMILY RESIDENTIAL DISTRICT TOdispose of interest of the City of Dubuque,
R-3 MODERATE DENSITY MULTI-FAMILYIowa, in the hereinabove described real estate
RESIDENTIAL DISTRICT.to Thomas R. and Dorothy Gibbs.
NOW, THEREFORE, BE IT ORDAINEDNOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFBY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:DUBUQUE, IOWA:
Section 1. That Appendix A (the ZoningSection 1.That the disposal of the
Ordinance) of the City of Dubuque Code ofinterest of the City of Dubuque, Dubuque
Ordinances is hereby amended byCounty, Iowa in real property described as a
reclassifying the hereinafter described10 and 20 foot wide utility easement and a 30
property from R-2A Alternate Two-Familyfoot wide ingress and egress easement on Lot
Residential District to R-3 Moderate Density2 of 1 of 1 of 1 of Mineral Lot 337 in the City of
Multi-Family Residential District, to wit:Dubuque, Iowa to Thomas R. and Dorothy
Lot 26 and the NE 10 feet of Lot 25Gibbs, as shown on the plat prepared by IIW
McCraney's 1st Addition, and to the centerEngineers and Surveyors, P.C. be and the
line of the adjoining public right-of-way, allsame is hereby approved.
in the City of Dubuque, Iowa.Section 2.That the Mayor be authorized and
Section 2. The foregoing amendment hasdirected to execute the Plat of Easements and
heretofore been reviewed by the ZoningGrant of Easements, and the City Clerk be
Advisory Commission of the City of Dubuque,and is hereby authorized and directed to
Iowa.deliver said Grant to the above named
Section 3. This ordinance shall take effectgrantees.
immediately upon publication, as provided bySection 3. That the City Clerk be and is
law.hereby authorized and directed to record
Passed, approved and adopted this 7th daycertified copy of this resolution in the office of
of October, 1996.the City Assessor, Dubuque County Recorder
Terrance M. Duggan, Mayorand The Dubuque County Auditor.
Attest: Mary A. Davis, City ClerkPassed, approved and adopted this 7th day
Published officially in the Telegraph Heraldof October, 1996.
newspaper this 17th day of October, 1996.Terrance M. Duggan, Mayor
1t 10/17Mary A. Davis CMC, City Clerk Attest: Mary A. Davis, City Clerk
Council Member Robbins moved finalCouncil Member Michalski moved adoption
consideration and passage of the Ordinance.of the Resolution. Seconded by Council
Seconded by Council Member Voetberg.Member
Carried by the following vote: Yeas—Mayor Buol. Carried by the following vote:
Duggan, Council Members Buol, Krieg,Yeas—Mayor Duggan, Council Members
Michalski, Nicholson, Robbins, Voetberg.Buol, Krieg, Michalski, Nicholson, Robbins,
Nays—None. Voetberg. Nays—None.
Proof of publication certified to by the
Proof of publication certified to by the
Publisher on Notice of Hearing to grant a 10-
Publisher on Notice of Hearing to grant
foot wide utility easement in Fremont Heights,
easement across Valley High Park, Petition
and City Manager recommending approval of
containing 27 signatures endorsing easement
request, presented and read. Council Member
as requested and City Manager
Voetberg moved that the proof and
recommending approval of easement,
Regular Session, October 7, 1996
communication be received and filed.Member Robbins. Carried by the following
Seconded by Council Member Robbins.vote: Yeas—Mayor Duggan, Council Members
Carried by the following vote: Yeas—MayorBuol, Krieg, Michalski, Nicholson, Robbins,
Duggan, Council Members Buol, Krieg,Voetberg. Nays—None.
Michalski, Nicholson, Robbins, Voetberg.
Nays—None. RESOLUTION NO. 361-96
RESOLUTION ADOPTING PLANS AND
RESOLUTION NO. 360-96SPECIFICATIONS
Whereas, pursuant to resolution andWhereas, on the 4th day of September,
published notice of time and place of hearing,1996, plans, specifications, form of contract
published in the Telegraph Herald, aand estimated cost were filed with the City
newspaper of general circulation published inClerk of Dubuque, Iowa for the RE-ROOFING
the City of Dubuque, Iowa on 27th day ofOF THE OPEN AIR PAVILION IN EAGLE
September, 1996, the City Council of the CityPOINT PARK.
of Dubuque, Iowa, met on the 7th day ofWhereas, notice of hearing on plans,
October, 1996, at 7:30 p.m. in the Publicspecifications, form of contract, and estimated
th
Library Auditorium, 11 and Locust, Dubuque,cost was published
Dubuque County, Iowa to consider theas required by law.
proposal for the vacation and release of realNOW, THEREFORE, BE IT RESOLVED
estate described as:BY THE CITY COUNCIL OF THE CITY OF
A 10 foot wide utility easement on Lot 1,DUBUQUE, IOWA:
Block 4 of Fremont Heights in the City ofThat the said plans, specifications, form of
Dubuque, as shown on the plat filedcontract and estimated cost are hereby
August 1, 1994, recorded as instrumentapproved as the plans, specifications, form of
10703-94 in the office of the Recorder ofcontract and estimated cost for said
Dubuque Countyimprovements for said project.
Whereas, the City Council of the City ofPassed, approved and adopted this 7th day
Dubuque, Iowa, overruled any and allof October, 1996.
objections, oral or written, to the proposal toTerrance M. Duggan, Mayor
dispose of interest of the City of Dubuque,Attest: Mary A. Davis, City Clerk
Iowa, in the herein above described realCouncil Member Buol moved adoption of
estate.the Resolution. Seconded by Council Member
NOW, THEREFORE, BE IT RESOLVEDRobbins. Carried by the following vote:
BY THE CITY COUNCIL OF THE CITY OFYeas—Mayor Duggan, Council Members
DUBUQUE, IOWA;Buol, Krieg, Michalski, Nicholson, Robbins,
Section 1.That the disposal of theVoetberg. Nays—None.
interest of the City of Dubuque, Dubuque
County, Iowa in real property described as a Proof of publication certified to by the
10 foot wide utility easement on Lot 1, Block 4Publisher on Notice to Bidders of Receipt of
of Fremont Heights in the City of Dubuque,Bids for project and City Manager
Iowa be and the same is hereby approved forrecommending to award contract for project,
the cost of publication and filing fees.presented and read. Council Member Buol
Section 2.That the Mayor be authorizedmoved that the proof and communication be
and directed to execute a Release ofreceived and filed. Seconded by Council
Easement, and the City Clerk be and is herebyMember Robbins. Carried by the following
authorized and directed to deliver said Releasevote: Yeas—Mayor Duggan, Council Members
to Martin McNamer upon receipt of the aboveBuol, Krieg, Michalski, Nicholson, Robbins,
fees.Voetberg. Nays—None.
Section 3.That the City Clerk be and is
hereby authorized andRESOLUTION NO. 362-96
directed to record aWhereas, sealed proposals have been
certified copy of this resolution in the office ofsubmitted by contractors for the Reroofing of
the City Assessor, Dubuque County Recorderthe Open Air Pavilion pursuant to Resolution
and The Dubuque County Auditor.No. 343-96 and notice to bidders published in
Passed, approved and adopted this 7th daya newspaper published in the City of
of October, 1996.Dubuque, Iowa, on the 12th of September,
Terrance M. Duggan, Mayor1996.
Attest: Mary A. Davis, City ClerkWhereas, said sealed proposals were
Council Member Voetberg movedopened and read on the 25th day of
adoption of the Resolution. Seconded bySeptember, 1996, and it has been determined
Council Member Robbins. Carried by thethat the bid of Renaissance Restoration, in the
following vote: Yeas—Mayor Duggan,amount of $27,790 was the lowest bid for the
Council Members Buol, Krieg, Michalski,furnishings of all labor and materials and
Nicholson, Robbins, Voetberg. Nays—None. performing the work as provided for in the
plans and specifications.
Proof of publication certified to by theNOW, THEREFORE, BE IT RESOLVED
Publisher on Notice of Hearing on Plans andBY THE CITY COUNCIL OF THE CITY OF
Specs. for Reroofing of Open Air Pavilion inDUBUQUE, IOWA:
Eagle Point Park Project, presented and read.That the contract for the above
Council Member Buol moved that the proof beimprovement be awarded to Renaissance
received and filed. Seconded by CouncilRestoration, and the Manager be and is
Regular Session, October 7, 1996
hereby directed to execute a contract onvote: Yeas—Council Members Buol, Krieg,
behalf of the City of Dubuque for the completeMichalski, Nicholson, Robbins, Voetberg.
performance of the work.Nays—None. Absent—Mayor Duggan.
BE IT FURTHER RESOLVED:
That upon the signing of said contract andRESOLUTION NO. 364-96
the approval of the contractor’s bond, the CityAWARDING CONTRACT
Treasurer is authorized and instructed toWhereas, sealed proposals have been
return the bid deposits of the unsuccessfulsubmitted by contractors for the 1996 Asphalt
bidders.Paving Project pursuant to Resolution No.
Passed, approved and adopted this 7th day326-96 and notice to bidders published in a
of October, 1996.newspaper published in the City of Dubuque,
Terrance M. Duggan, MayorIowa on the 6th of September, 1996.
Attest: Mary A. Davis, City ClerkWhereas, said sealed proposals were
Council Member Buol moved adoption ofopened and read on the 19th of September,
the Resolution. Seconded by Council Member1996 and it has been determined that the bid
Robbins. Carried by the following vote:of River City Paving - Division of Mathy of
Yeas—Mayor Duggan, Council MembersDubuque, Iowa in the amount of $164,499.34
Buol, Krieg, Michalski, Nicholson, Robbins,was the lowest bid for the furnishings of all
Voetberg. Nays—None. labor and materials and performing the work
as provided for in the plans and specifications.
Mayor Duggan left the Chambers at 8:47NOW THEREFORE, BE IT RESOLVED
p.m.BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Proof of publication certified to by theThat the contract for the above
Publisher on Notice of Hearing on Plans andimprovement be awarded to River City Paving
Specs. for 1996 Asphalt Paving Project,- Division of Mathy and the Manager be and is
presented and read. Council Memberhereby directed to execute a contract on
Nicholson moved that the proof be receivedbehalf of the City of Dubuque for the complete
and filed. Seconded by Council Memberperformance of the work.
Robbins. Carried by the following vote: Yeas—BE IT FURTHER RESOLVED:
Council Members Buol, Krieg, Michalski,That upon the signing of said contract and
Nicholson, Robbins, Voetberg. Nays—None.the approval of the contractor's bond, the City
Absent—Mayor Duggan. Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
RESOLUTION NO. 363-96bidders.
RESOLUTION ADOPTING PLANSPassed, approved and adopted this 7th day
AND SPECIFICATIONSof October, 1996.
Whereas, on the August 29, 1996, plans,Terrance M. Duggan, Mayor
specifications, form of contract and estimatedAttest: Mary A. Davis, City Clerk
cost were filed with the City Clerk of Dubuque,Council Member Nicholson moved adoption
Iowa for the 1996 Asphalt Paving Project.of the Resolution. Seconded by Council
Whereas, notice of hearing on plans,Member Robbins. Carried by the following
specifications, form of contract, and estimatedvote: Yeas—Council Members Buol, Krieg,
cost was published as required by law.Michalski, Nicholson, Robbins, Voetberg.
NOW THEREFORE, BE IT RESOLVEDNays—None. Absent—Mayor Duggan.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Mayor Duggan returned to the Chambers at
That the said plans, specifications, form of8:48 p.m.
contract and estimated cost are hereby
approved as the plans, specifications, form ofCity Manager recommending amendment
contract and estimated cost for saidto description of purposes of Housing
improvements for said project.Commission, presented and read. Council
Passed, adopted and approved this 7th dayMember Voetberg moved that the
of October, 1996.communication be received and filed.
Terrance M. Duggan, MayorSeconded by Council Member Krieg. Carried
Attest: Mary A. Davis, City Clerkby the following vote: Yeas—Council Members
Council Member Nicholson moved adoptionBuol, Krieg, Michalski, Nicholson, Robbins,
of the Resolution. Seconded by CouncilVoetberg. Nays—Mayor Duggan.
Member Robbins. Carried by the following
vote: Yeas—Council Members Buol, Krieg,An Ordinance Amending Chapter 15,
Michalski, Nicholson, Robbins, Voetberg.Community Development by adopting in lieu
Nays—None. Absent—Mayor Duggan. thereof a new paragraph (a) relating to the
purposes of the Housing Commission,
Proof of publication certified to by thepresented and read.
Publisher on Notice to Bidders for Receipt of
Bids for project and City Manager
recommending to award contract for project,(OFFICIAL PUBLICATION)
presented and read. Council MemberORDINANCE NO. 47-96
Nicholson moved that the communication beAN ORDINANCE AMENDING THE CODE
received and filed. Seconded by CouncilOF ORDINANCES, CITY OF DUBUQUE,
Member Robbins. Carried by the followingIOWA, CHAPTER 15, COMMUNITY
Regular Session, October 7, 1996
DEVELOPMENT, BY: REPEALINGPublished officially in the Telegraph Herald
SECTION 15-22(a) RELATING TO THE
newspaper this 17th day of October, 1996.
PURPOSES OF THE HOUSING
1t 10/17 Mary A. Davis CMC, City Clerk
COMMISSION AND ADOPTING IN LIEU
Council Member Voetberg moved that the
THEREOF A NEW PARAGRAPH (a)
requirement that a proposed Ordinance be
RELATING TO THE PURPOSES OF THE
considered and voted on for passage at two
HOUSING COMMISSION.
Council Meetings prior to the meeting at which
NOW, THEREFORE, BE IT ORDAINED
it is to be finally passed be suspended.
BY THE CITY COUNCIL OF THE CITY OF
Seconded by Council Member Krieg. Carried
DUBUQUE, IOWA:
by the following vote: Yeas—Council Members
Section 1. Section 15-22(a) of the City of
Buol, Krieg, Michalski, Nicholson, Robbins,
Dubuque Code of Ordinances is hereby
Voetberg. Nays—Mayor Duggan. Council
repealed, and the following new Section 15-
Member Voetberg moved final consideration
22(a) is hereby adopted in lieu thereof:
and passage of the Ordinance. Seconded by
(a) The Housing Commission shall monitor
Council Member Krieg. Carried by the
and evaluate city housing needs and shall
following vote: Yeas—Council Members Buol,
make recommendations as to how those
Krieg, Michalski, Nicholson, Robbins,
needs can be met. In furtherance of this
Voetberg. Nays—Mayor Duggan.
mission, the Housing Commission's duties
and responsibilities shall include, but not beCity Manager recommending acceptance of
limited to, the following:Dubuque County’s offer to salvage the White
1. To contribute as appropriate in the planning,Water Creek Bridge for possible future use in
coordinating and review of housingthe City’s bike/hike network, presented and
development;read. Council Member Voetberg moved that
2. To conduct public hearings to ensurethe communication be received and filed and
meaningful citizen input in the planning,approved recommendation. Seconded by
implementation and assessment of the city'sCouncil Member Nicholson. Carried by the
housing programs;following vote: Yeas—Mayor Duggan, Council
3. To provide for and encourage theMembers Buol, Krieg, Michalski, Nicholson,
participation of low and moderate incomeRobbins, Voetberg. Nays—None.
persons in the planning, implementation and
assessment of housing programs;
City Manager recommending to refer the
4. To provide input into the community
Mississippi Riverwalk Project to the Long
planning process and to assist in
Range Planning Advisory Commission,
accomplishing a coordinated and consistent
presented and read. Council Member
housing development program of the city in
Voetberg moved that the communication be
accordance with present and future housing
received and filed and concur with the
needs;
recommendation to refer to the Long Range
5. To request and review on-going surveys
Planning Advisory Commission. Seconded by
assessing housing needs and identifying
Council Member Michalski. Carried by the
future community housing needs, particularly
following vote: Yeas—Mayor Duggan, Council
the needs of persons of low and moderate
Members Buol, Krieg, Michalski, Nicholson,
income;
Robbins, Voetberg. Nays—None.
6. To support the efforts of the City Council
and other city commissions in the assessment
City Manager advising of agreement to use
of the general housing needs of the
asphalt covering for the additional two lanes of
community;
the Northwest Arterial, presented and read.
7. To undertake from time to time other
Council Member Voetberg moved that the
specific on-going housing planning which may
communication be received and filed and
be referred to it by the City Council;
concurred with recommendation to transmit
8. To research and recommend to the City
this to the County Board of Supervisors.
Council policies and programs facilitating the
Seconded by Council Member Robbins.
development of affordable housing;
Carried by the following vote: Yeas—Mayor
9. To undertake public information efforts toDuggan, Council Members Buol, Krieg,
educate citizens of the availability of federal,Michalski, Nicholson, Robbins, Voetberg.
state and locally funded housing assistanceNays—None.
programs;
10. To assist in the preparation of the housingCity Manager recommending institution of
element of the City of Dubuqueeminent domain proceeding to acquire a
Comprehensive Plan and the annualparcel of right-of-way relating to the
Consolidated Plan;reconstruction project along Clarke Drive,
11. To offer comment, as appropriate on thepresented and read. Council Member Buol
consistency of proposed housing developmentmoved that the communication be received
with the Comprehensive Plan, Consolidatedand filed. Seconded by Council Member
Plan and existing city housing strategies.
Nicholson. Carried by the following vote:
Section 2. This ordinance shall take effect
Yeas—Mayor Duggan, Council Members
immediately upon publication.
Buol, Krieg, Michalski, Nicholson, Robbins,
Passed, approved and adopted this 7th day
Voetberg. Nays—None.
of October, 1996.
Terrance M. Duggan, Mayor
RESOLUTION NO. 365-96
Attest: Mary A. Davis, City Clerk
RESOLUTION AUTHORIZING INITIATION
Regular Session, October 7, 1996
OF EMINENT DOMAIN PROCEEDINGS TORESOLUTION NO. 366-96
ACQUIRE A PORTION OF LOT 1 OFAWARDING CONTRACT
BUETTELL’S SUBDIVISIONWhereas, sealed proposals have been
Whereas, the City of Dubuque has beensubmitted by contractors for the Kelly
negotiating with the property owner of recordLane/Pego Court Sanitary Sewer Extension
for a portion of right-of-way and temporarypursuant to Resolution No. 343-96 and notice
construction easement needed for theto bidders published in a newspaper published
realignment of Clarke Drive in the vicinity ofin the City of Dubuque, Iowa on the
Foye Street and,September 19, 1996.
Whereas the City of Dubuque has not beenWhereas, said sealed proposals were
successful after reasonable attempts in itsopened and read on the September 24, 1996
effort to negotiate the sale and purchase ofand it has been determined that the bid of
said portions of Lot 1 of Buettell’s SubdivisionNorthwestern Development, Inc. of East
and,Dubuque, Illinois, in the amount of
Whereas the City of Dubuque finds and$214,123.05 was the lowest bid for the
determines that Eminent Domain proceedingsfurnishings of all labor and materials and
should be instituted to acquire said property toperforming the work as provided for in the
be used as right-of-way for the realignment ofplans and specifications.
Clarke Drive.NOW THEREFORE, BE IT RESOLVED
NOW THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL, CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA:That the contract for the above
Section 1. That Eminent Domainimprovement be awarded to Northwestern
proceedings be instituted forthwith by the CityDevelopment, Inc. and the Manager be and is
of Dubuque, Iowa, for the acquisition of ahereby directed to execute a contract on
portion of Lot 1 of Buettell’s Subdivision,behalf of the City of Dubuque for the complete
together with a 10 foot wide temporaryperformance of the work.
construction easement, and that theBE IT FURTHER RESOLVED:
Corporation Counsel be directed to instituteThat upon the signing of said contract and
said Eminent Domain proceedings forthwiththe approval of the contractor's bond, the City
for and on behalf of the City of Dubuque, Iowa.Treasurer is authorized and instructed to
Section 2. That the Corporation Counsel bereturn the bid deposits of the unsuccessful
and is hereby directed and empowered to dobidders.
any and all things necessary and incidental toPassed, approved and adopted this 7th day
said Eminent Domain proceedings.of October, 1996.
Passed, approved and adopted this 7th dayTerrance M. Duggan, Mayor
of October, 1996.Attest: Mary A. Davis. City Clerk
Terrance M. Duggan, MayorCouncil Member Nicholson moved adoption
Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council
Council Member Buol moved adoption ofMember Voetberg. Carried by the following
the Resolution. Seconded by Council Membervote: Yeas—Mayor Duggan, Council Members
Nicholson. Carried by the following vote:Buol, Krieg, Michalski, Nicholson, Robbins,
Yeas—Mayor Duggan, Council MembersVoetberg. Nays—None.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. City Manager submitting documents
providing for bidding process for Roosevelt
Acting Chairperson of Housing CodeRoad Water Main Project, presented and
Appeals Board advising of lack of attendanceread. Council Member Voetberg moved that
of meetings by two Board Members,the communication be received and filed.
presented and read. Council MemberSeconded by Council Member Nicholson.
Voetberg moved that the communication beCarried by the following vote: Yeas—Mayor
received and filed. Seconded by CouncilDuggan, Council Members Buol, Krieg,
Member Michalski. Carried by the followingMichalski, Nicholson, Robbins, Voetberg.
vote: Yeas—Mayor Duggan, Council MembersNays—None.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. RESOLUTION NO. 367-96
PRELIMINARY APPROVAL OF
Proof of publication certified to by thePLANS AND SPECIFICATIONS
Publisher on Notice to Bidders of the receiptWhereas, the proposed plans,
of bids for the Construction of Kelly Lane/Pegospecifications and form of contract for the
Court Sanitary Sewer Extension and Cityinstallation of approximately 3,200 feet of 12-
Manager recommending to award contract,inch ductile iron water main on Roosevelt
presented and read. Council MemberRoad in the estimated amount of $161,000
Nicholson moved that the proof anddollars have been prepared by I.I.W.
communication be received and filed.Engineering under the direction of the City.
Seconded by Council Member Voetberg.NOW THEREFORE, BE IT RESOLVED
Carried by the following vote: Yeas—MayorBY THE CITY COUNCIL OF THE CITY OF
Duggan, Council Members Buol, Krieg,DUBUQUE, IOWA:
Michalski, Nicholson, Robbins, Voetberg.Section 1. the proposed plans,
Nays—None. specifications and form of Contract are
approved and ordered filed in the office of the
Regular Session, October 7, 1996
City Clerk for public inspection.construction of the improvement herein
Passed, approved and adopted this 7th dayprovided to be published in a newspaper
of October, 1996. having general circulation in the City of
Terrance M. Duggan, MayorDubuque, Iowa, which notice shall not be less
Attest: Mary A. Davis, City Clerkthan four days nor more than twenty days prior
Council Member Voetberg moved adoptionto the receipt of said bids at 2:00 p.m. on the
of the Resolution. Seconded by Council29th day of November, 1996. Bids shall be
Member Nicholson. Carried by the followingopened and read by the City Clerk at said time
vote: Yeas—Mayor Duggan, Council Membersand will be submitted to the Council for final
Buol, Krieg, Michalski, Nicholson, Robbins,action at 7:00 p.m. on the 18th day of
Voetberg. Nays—None. November, 1996.
Passed, approved and adopted this 7th day
RESOLUTION NO. 368-96of October, 1996.
FIXING DATE OF HEARING ONTerrance M. Duggan, Mayor
PLANS AND SPECIFICATIONSAttest: Mary A. Davis, City Clerk
Whereas, the City Council of the City ofCouncil Member Voetberg moved adoption
Dubuque, Iowa, has given its preliminaryof the Resolution. Seconded by Council
approval of the proposed plans, specifications,Member Nicholson. Carried by the following
and form of contract and placed same on filevote: Yeas—Mayor Duggan, Council Members
in the office of the City Clerk for the installationBuol, Krieg, Michalski, Nicholson, Robbins,
of approximately 3, 200 feet of 12-inch ductileVoetberg. Nays—None.
iron water main on Roosevelt Road.
NOW THEREFORE, BE IT RESOLVEDAt 9:13 p.m., Council Member Voetberg
BY THE CITY COUNCIL OF THE CITY OFmoved to go into Closed Session in
DUBUQUE, IOWA:Section 1. That on theaccordance with
18th day of November, 1996, a public hearingCh. 21.5 1.(j) 1995 Code of Iowa to discuss
will be held at 7:00 p.m. in the Public Librarythe purchase of particular real estate where
Auditorium at which time interested personspremature disclosure could be reasonably
may appear and be heard for or against theexpected to increase the price the
proposed plans and specifications, form ofgovernmental body would have to pay for that
contract and cost of said improvement, andproperty. Seconded by Council Member
the City Clerk be and is hereby directed toMichalski. Carried by the following vote:
cause a notice of time and place of suchYeas—Mayor Duggan, Council Members
hearing to be published in a newspaper havingBuol, Krieg, Michalski, Nicholson, Robbins,
general circulation in the City of Dubuque,Voetberg. Nays—None.
Iowa, which notice shall be not less than four
days nor more than twenty days prior to theCouncil reconvened Regular Session at
day fixed for its consideration. At the hearing,9:52 p.m. with statement that Staff was
any interested person may appear and filedirected to continue with negotiations.
objections to the proposed plans,
specifications, form of contract, or estimatedThere being no further business, Council
cost of the improvement.Member Buol moved to adjourn. Seconded by
Passed, approved and adopted this 7th dayCouncil Member Voetberg. Carried by the
of October, 1996. following vote: Yeas—Mayor Duggan, Council
Terrance M. Duggan, Mayor Members Buol, Krieg, Michalski, Nicholson,
Attest: Mary A. Davis, City ClerkRobbins, Voetberg. Nays—None. The meeting
Council Member Voetberg moved adoptionadjourned at 9:53 p.m.
of the Resolution. Seconded by Council
Member Nicholson. Carried by the followingMary A. Davis CMC
vote: Yeas—Mayor Duggan, Council MembersCity Clerk
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 369-96
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the installation of
approximately 3,200 feet of 12-inch ductile
iron water main on Roosevelt Road is hereby
ordered to be advertised for bids for
construction.
Section 2. That the amount of the security
to accompany each bid shall be in an amount
which shall conform to the provisions of the
notice to bidders hereby approved as part of
the plans and specifications heretofore
adopted.
Section 3. That the City Clerk is herebyApproved , 1997
directed to advertise for bids for the
Regular Session, October 7, 1996
Adopted , 1997
Mayor
Council Members
Attest:
City Clerk
Regular Session, October 21, 1996
CITY OF DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Monday, October 21, 1996, Regular
Approved , 1997
Quarterly Board of Health
Board of Health Met at 6:55 p.m., Public
Adopted , 1997
Library Auditorium
Present: Chairperson Pro-Tem Krieg, Board
Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Absent—Chairperson
Chairperson
Duggan.
Chairperson Pro-Tem Krieg read the call
and stated this is the Regular Quarterly
Meeting of the Board of Health called for the
purpose to act upon such business which may
properly come before the Board.
City Manager requesting Board of Health
approve a variance request to the Hotel
Sanitation Code as submitted by Dubuque
County Historical Society for the Wm. M.
Black Riverboat, presented and read. Board
Board Members
Member Voetberg moved that the
Attest:
communication be received and filed and
approved request. Seconded by Board
Member Buol. Carried by the following vote:
Secretary, Board of Health
Yeas—Chairperson Pro-Tem Krieg, Board
Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Chairperson Duggan.
There being no further business, Board
Member Nicholson moved to adjourn.
Seconded by Board Member Robbins.
Carried by the following vote:
Yeas—Chairperson Pro-Tem Krieg, Board
Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
Absent—Chairperson Duggan. The meeting
adjourned at 6:58 p.m.
Mary A. Davis CMC
Secretary, Board of Health
Regular Session, October 21, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 21,
1996.
Council Met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Pro-Tem Krieg, Council
Members Buol, Michalski, Nicholson,
Robbins, Voetberg, City Manager Michael Van
Milligen, Corporation Counsel Barry Lindahl.
Absent —Mayor Duggan.
Mayor Pro-Tem Krieg read the call and
stated this is the Regular Session of the City
Council called for the purpose to act upon
such business which may properly come
before the Council.
Invocation was given by Sister Inez
Turnmeyer, Director of St. Mark's Community
Center.
PROCLAMATIONS — Month of October
as "Physical Therapy Month" received by Allen
Doskill; Oct. 23-31 as "Red Ribbon Week"
received by Mary Ann Schilling, Megan
Gilligan and Lindsay Steinbeck; Month of
November as "Hospice Month" received by
Gary Dolphin; Nov. 6 as "Philanthropy Day"
received by Dave Schmitz.
MINUTES SUBMITTED — Airport
Commission of 9-10; Cable TV Regulatory
Commission of 9-18 & 10-9; Civil Service
Commission of 9-9; Community Development
Advisory Commission of 7-10, 9-5 & 9-17;
Environmental Stewardship Commission of
10-8; Housing Code Appeals Board of 9-24;
Long Range Planning Advisory Commission of
9-18; Park & Recreation Commission of 9-10;
Zoning Advisory Commission of 10-2; Zoning
Board of Adjustment of 9-26, presented and
read. Council Member Voetberg moved that
the minutes be received and filed. Seconded
by Council Member Robbins. Carried by the
following vote: Yeas —Council Members Buol,
Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays —None. Absent —Mayor
Duggan.
Proof of publication certified to by the
Publisher on Notice of List of Claims and
Summary of Revenues for month ending
August, 1996; Printed Council Proceedings
for meeting of 9-16; Notice of filing of the final
schedule of assessments for 1995 P.C.
Cement Concrete Paving Project; City
Manager submitting Quarterly Investment
Report; Airport Commission submitting FBO
Monthly Report thru September, 1996, and
Substance Abuse Services submitting their
1st Quarterly Report, presented and read.
Council Member Voetberg moved that the
proofs and reports be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas —Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays —None.
Absent —Mayor Duggan.
NOTICES OF CLAIMS/SUITS — Kevin
Franzen in amount of $267.60 for vehicle
damages; Julie Husemann in amount of
$1,282.47 for vehicle damages; Marc D.
Shonka in amount of $67.00 for vehicle
damages; Leo Simon as subcontractor, in
amount of $5497.00 for work done on
Rhomberg Ave. project; Bruce VonAh in
amount of $30.28 for property damages,
presented and read. Council Member
Voetberg moved that the claims and suits be
referred to the Legal Staff for investigation and
report. Seconded by Council Member
Robbins. Carried by the following vote:
Yeas —Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays —None. Absent —Mayor Duggan.
Corporation Counsel recommending
settlement of car damage claim of Daniel
James Hohmann in the amount of $259.85,
presented and read. Council Member
Voetberg moved that the settlement be
approved and directed Finance Director to
issue proper check. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas —Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays —None. Absent —Mayor Duggan.
Corporation Counsel recommending
denials of following claims: Tire Damage of
Beatrice Bisenius and Tire damage and towing
expense of Dan lannazzo, presented and
read. Council Member Voetberg moved that
the communications be received and filed and
denials approved. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas —Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays —None. Absent —Mayor Duggan.
Corporation Counsel reporting on progress
of lawsuit of Arensdorf, et al vs. City,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas —Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays —None. Absent —Mayor Duggan.
IDOT advising of their intent to let a bridge
construction project on Iowa 32 on October
29, 1996 (Located on Northwest Arterial over
the C.C.P. Railine), presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas —Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays —None.
Absent —Mayor Duggan.
Regular Session, October 21, 1996
October 14, 1996Section 1. That Section 3-1.1 (F) of the
Honorable Mayor and Members of the CityZoning Ordinance is waived to allow Lot 2 of 2
Councilof Kelly Heights Place to have 47.27 feet of
In accordance with Chapter 400 of thefrontage where 60 feet of frontage is required.
1995 Code of Iowa, the Civil ServiceSection 2. That the Survey Plat of Lot 1 of
Commission conducted written examinations2 and Lot 2 of 2 of Kelly Heights Place in the
on August 12, 1996 for the position ofCity of Dubuque is hereby approved and the
Firefighter Entrance Level for the City ofMayor and City Clerk are hereby authorized
Dubuque. The Dubuque Fire Departmentand directed to endorse the approval of the
conducted required Physical Agility Test(s) onCity of Dubuque, Iowa, upon said survey plat,
October 5, 1996.provided the owner of said property herein
We hereby certify this is to be the First Listnamed, execute their written acceptance.
of applicants, in order of their standing, andSection 3. That in the event the owner
are to be considered for the position ofshall fail to execute the acceptance within 180
Firefighter for the City of Dubuque, Iowa.days after the date of this Resolution, the
David McQuigginBrian Christprovisions hereof shall be null and void and
Jim WachtelJoseph Snodgrassthe acceptance and approval of the plat shall
Steve BerkleyChuck Blasennot be effective.
Lawrence Ewert, Jr.Wayne DowPassed, approved and adopted this 21st
Jeffrey SanderfieldThomas Clearmanday of October, 1996.
Second, third and fourth lists are availableKathryn E. Krieg, Mayor Pro-Tem
upon exhaustion of this list.ATTEST: Mary A. Davis, City Clerk
Respectfully submitted,ACCEPTANCE OF
Merle J. Duehr, Jr., ChairpersonRESOLUTION NO. 370-96
Tom RawsonI, the undersigned, Richard Schiltz, having
Loras J. Kluesnerread the terms and conditions of the
Civil Service CommissionResolution No. 370-96 and being familiar with
Council Member Voetberg moved to makethe conditions thereof, hereby accept this
the above Civil Service certification list asame and agree to the conditions required
matter of record. Seconded by Counciltherein.
Member Robbins. Carried by the followingDated in Dubuque, Iowa this 22nd day of
vote: Yeas—Council Members Buol, Krieg,October, 1996.
Michalski, Nicholson, Robbins, Voetberg.By /s/ Richard Schiltz
Nays—None. Absent—Mayor Duggan. Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Zoning Advisory Commission advising ofMember Nicholson. Carried by the following
their approval for final plat for property at 1150vote: Yeas—Council Members Buol, Krieg,
Kelly Lane, presented and read. CouncilMichalski, Nicholson, Robbins, Voetberg.
Member Voetberg moved that theNays—None. Absent—Mayor Duggan.
communication be received and filed.
Seconded by Council Member Nicholson.City Planning Technician advising of
Carried by the following vote: Yeas—Councilresignation of Mary Agria from Long Range
Members Buol, Krieg, Michalski, Nicholson,Planning Advisory Commission and Becky
Robbins, Voetberg. Nays—None.Heimerl advising of her resignation from the
Absent—Mayor Duggan. Human Rights Commission, presented and
read. Council Member Voetberg moved that
RESOLUTION NO. 370-96the communications be received and filed and
A RESOLUTION APPROVING THEresignations accepted with regret. Seconded
SURVEY PLAT OF LOT 1 OF LOT 2 ANDby Council Member Robbins. Carried by the
LOT 2 OF LOT 2 OF KELLY HEIGHTSfollowing vote: Yeas—Council Members Buol,
PLACE IN THE CITY OF DUBUQUE, IOWA.Krieg, Michalski, Nicholson, Robbins,
Whereas, there has been filed with the CityVoetberg. Nays—None. Absent—Mayor
Clerk a Survey Plat of Lot 1 of Lot 2 and Lot 2Duggan.
of Lot 2 of Kelly Heights Place in the City of
Dubuque, Iowa; andCity Manager submitting the “Residential
Whereas, said plat provides 47.27 feet ofRental Market Survey” prepared by the
frontage on Kelly Lane for Lot 2 of 2, where 60Housing Trust Fund Committee, presented
feet of frontage is required by Section 3-1.1and read. Council Member Voetberg moved
(F) of the Zoning Ordinance; andthat the communication be received and filed.
Whereas, said plat has been examined bySeconded by Council Member Robbins.
the Zoning Advisory Commission and had itsCarried by the following vote: Yeas—Council
approval endorsed thereon; andMembers Buol, Krieg, Michalski, Nicholson,
Whereas, said final plat has beenRobbins, Voetberg. Nays—None.
examined by the City Council and they findAbsent—Mayor Duggan.
that it conforms to the statutes and ordinances
relating to it, except that no streets or publicCity Manager submitting Vacant Buildings
utilities have yet been constructed or installed;status report, presented and read. Council
andMember Voetberg moved that the
NOW, THEREFORE, BE IT RESOLVEDcommunication be received and filed.
BY THE CITY COUNCIL OF THE CITY OFSeconded by Council Member Robbins.
DUBUQUE, IOWA:Carried by the following vote: Yeas—Council
Regular Session, October 21, 1996
Members Buol, Krieg, Michalski, Nicholson,Absent—Mayor Duggan.
Robbins, Voetberg. Nays—None.
Absent—Mayor Duggan. RESOLUTION NO. 372-96
ACCEPTING IMPROVEMENT
City Manager amending amount of contractWhereas, the contract for the 1996
award for the 1996 Asphalt Paving Project,Portland Cement Concrete Paving Project has
presented and read. Council Memberbeen completed and the City Manager has
Voetberg moved that the communication beexamined the work and filed his certificate
received and filed. Seconded by Councilstating that the same has been completed
Member Robbins. Carried by the followingaccording to the terms of the contract, plans
vote: Yeas—Council Members Buol, Krieg,and specifications and recommends it
Michalski, Nicholson, Robbins, Voetberg.acceptance.
Nays—None. Absent—Mayor Duggan. NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 371-96DUBUQUE, IOWA:
AMENDING AWARD OF CONTRACTSection 1. That the recommendation of the
Whereas, sealed proposals have beenCity Manager be approved and that said
submitted by contractors for the 1996 Asphaltimprovement be and the same is hereby
Paving Project pursuant to Resolution No.accepted.
326-96 and notice to bidders published in aBE IT FURTHER RESOLVED that the City
newspaper published in the City of Dubuque,Treasurer be and he is hereby directed to pay
Iowa on the 6th of September, 1996; to the contractor from the Road Use Tax Fund
Whereas, said sealed proposals wereand the Street Construction Fund in amount
opened and read on the 19th of September,equal to the amount of his contract, less any
1996 and it has been determined that the bidretained percentage provided for therein.
of River City Paving - a Division of Mathy ofPassed, approved and adopted this 21st
Dubuque, Iowa in the amount of $164,499.34day of October, 1996.
was the lowest bid for the furnishings of allKathryn E. Krieg, Mayor Pro-Tem
labor and materials and performing the workAttest: Mary A. Davis, City Clerk
as provided for in the plans and specifications;Council Member Voetberg moved adoption
andof the Resolution. Seconded by Council
Whereas, the City Council, pursuant toMember Robbins. Carried by the following
Resolution No. 364-96, awarded a contract invote: Yeas—Council Members Buol, Krieg,
the amount of $164,499.34; andMichalski, Nicholson, Robbins, Voetberg.
Whereas, the City Council has nowNays—None. Absent—Mayor Duggan.
determined that the resurfacing of Taxiway "C"
at the Dubuque Regional Airport should beRESOLUTION NO. 373-96
deleted from the contract.FINAL ESTIMATE
NOW THEREFORE, BE IT RESOLVEDWhereas, the contract for the 1996
BY THE CITY COUNCIL OF THE CITY OFPortland Cement Concrete Paving Project has
DUBUQUE, IOWA:been completed and the City Engineer has
That Resolution No. 364-96, awarding thesubmitted his final estimate showing the cost
contract for the 1996 Asphalt Paving Projectthereof including the cost of estimates, notices
to River City Paving - a Division of Mathyand inspection and all miscellaneous costs;
Construction be amended to a contractNOW THEREFORE, BE IT RESOLVED
amount of $100,922.10.BY THE CITY COUNCIL OF THE CITY OF
BE IT FURTHER RESOLVED:DUBUQUE, IOWA:
That upon the signing of said contract andSection 1. That the cost of said
the approval of the contractor's bond, the Cityimprovement is hereby determined to be
Treasurer is authorized and instructed to$274,434.95 and the said amount shall be
return the bid deposits of the unsuccessfulpaid from the Road Use Tax Fund and the
bidders.Street Construction Find of the City of
Passed, approved and adopted this 21stDubuque, Iowa.
day of October, 1996.Section 2. That the $51,076.11 of the cost
Kathryn E. Krieg, Mayor Pro-Temthereof shall be assessable upon private
Attest: Mary A. Davis, City Clerkproperty and $223,358.84 shall be paid from
Council Member Voetberg moved adoptionthe Road Use Tax Fund and the Street
of the Resolution. Seconded by CouncilConstruction Fund.
Member Robbins. Carried by the followingPassed, approved and adopted this 21st
vote: Yeas—Council Members Buol, Krieg,day of October, 1996.
Michalski, Nicholson, Robbins, Voetberg.Kathryn E. Krieg, Mayor Pro-Tem
Nays—None. Absent—Mayor Duggan. Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
City Manager recommending acceptance ofof the Resolution. Seconded by Council
1996 P.C. Concrete Paving Project, presentedMember Robbins. Carried by the following
and read. Council Member Voetberg movedvote: Yeas—Council Members Buol, Krieg,
that the communication be received and filed.Michalski, Nicholson, Robbins, Voetberg.
Seconded by Council Member Robbins.Nays—None. Absent—Mayor Duggan.
Carried by the following vote: Yeas—Council
Members Buol, Krieg, Michalski, Nicholson,RESOLUTION NO. 374-96
Robbins, Voetberg. Nays—None.RESOLUTION APPROVING
Regular Session, October 21, 1996
PRELIMINARY SCHEDULE OFWhereas, the premises to be occupied by
ASSESSMENTSsuch applicants were inspected and found to
NOW THEREFORE, BE IT RESOLVEDcomply with the Ordinances of this City and
BY THE CITY COUNCIL OF THE CITY OFhave filed proper bonds.
DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED
That the attached sheets, 1 to 2 inclusive,BY THE CITY COUNCIL OF THE CITY OF
are hereby determined to be the schedule ofDUBUQUE, IOWA:
proposed assessments for the 1996 P.C.That the Manager be authorized to cause to
Concrete Paving Project and the valuationsbe issued the following named applicants a
set out herein are hereby approved.Beer Permit.
Passed, approved and adopted this 21stCLASS "B" BEER PERMIT
day of October, 1996.Rigel Corp.Godfather's Pizza
Terrance M. Duggan, Mayor +(Sunday Sales)1575 JFK Rd
Attest: Mary A. Davis, City ClerkCLASS "BE" BEER PERMIT
Council Member Voetberg moved adoptionEagle Food Centers, Inc.Eagle Food Center #
of the Resolution. Seconded by Council130+(Sunday Sales) 1800 Elm St.
Member Robbins. Carried by the followingEagle Food Centers, Inc.Eagle Food Center #
vote: Yeas—Council Members Buol, Krieg,320+(Sunday Sales)2050 JFK Rd.
Michalski, Nicholson, Robbins, Voetberg.Eagle Food Centers, Inc.Eagle Food Center #
Nays—None. Absent—Mayor Duggan. 018+(Sunday Sales)300 S. Locust
Passed, approved and adopted this 21st
City Manager recommending approval ofday of October, 1996.
demolition permit for single family dwellingKathryn E. Krieg, Mayor Pro-Tem
located at 508 Loras Boulevard, presented andAttest: Mary A Davis, City Clerk
read. Council Member Voetberg moved thatCouncil Member Voetberg moved adoption
the communication be received and filed andof the Resolution. Seconded by Council
approved. Seconded by Council MemberMember Robbins. Carried by the following
Robbins. Carried by the following vote:vote: Yeas—Council Members Buol, Krieg,
Yeas—Council Members Buol, Krieg,Michalski, Nicholson, Robbins, Voetberg.
Michalski, Nicholson, Robbins, Voetberg.Nays—None. Absent—Mayor Duggan.
Nays—None. Absent—Mayor Duggan.
RESOLUTION NO. 375-96
City Manager submitting informationNOW, THEREFORE, BE IT RESOLVED
regarding Steamboat Restoration Project -BY THE CITY COUNCIL OF THE CITY OF
Emergency Hull Repair, presented and read.DUBUQUE, IOWA:
Council Member Voetberg moved that theThat the following having complied with the
communication be received and filed.provisions of law relating to the sale
Seconded by Council Member Robbins.of Cigarettes within the City of Dubuque, Iowa,
Carried by the following vote: Yeas—Councilbe granted a permit to sell Cigarettes and
Members Buol, Krieg, Michalski, Nicholson,Cigarette Papers within said City.
Robbins, Voetberg. Nays—None.NEW
Absent—Mayor Duggan. Robert KimbleKimble's Variety & Gifts
1594 Central Ave
RESOLUTION NO. 375-96Passed, approved and adopted this 21st
NOW, THEREFORE, BE IT RESOLVEDday of October, 1996.
BY THE CITY COUNCIL OF THE CITY OFKathryn E. Krieg, Mayor Pro-Tem
DUBUQUE, IOWA:Attest: Mary A. Davis, City Clerk
That the following having complied with theCouncil Member Voetberg moved adoption
provisions of law relating to the saleof the Resolution. Seconded by Council
of Cigarettes within the City of Dubuque, Iowa,Member Nicholson. Carried by the following
be granted a permit to sell Cigarettes andvote: Yeas—Council Members Buol, Krieg,
Cigarette Papers within said City.Michalski, Nicholson, Robbins, Voetberg.
NEWNays—None. Absent—Mayor Duggan.
Robert KimbleKimble's Variety & Gifts
1594 Central Ave.RESOLUTION NO. 376-96
Passed, approved and adopted this 21stWhereas, applications for Beer Permits
day of October, 1996.have been submitted and filed to this Council
Kathryn E. Krieg, Mayor Pro-Temfor approval and the same have been
Attest: Mary A. Davis, City Clerkexamined and approved; and
Council Member Voetberg moved adoptionWhereas, the premises to be occupied by
of the Resolution. Seconded by Councilsuch applicants were inspected and found to
Member Robbins. Carried by the followingcomply with the Ordinances of this City and
vote: Yeas—Council Members Buol, Krieg,have filed proper bonds.
Michalski, Nicholson, Robbins, Voetberg.NOW, THEREFORE, BE IT RESOLVED
Nays—None. Absent—Mayor Duggan. BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 376-96That the Manager be authorized to cause to
Whereas, applications for Beer Permitsbe issued the following named applicants a
have been submitted and filed to this CouncilBeer Permit.
for approval and the same have beenCLASS "B" BEER PERMIT
examined and approved; and Rigel Corp.Godfather's Pizza
Regular Session, October 21, 1996
+(Sunday Sales)1575 JFK Rdpresented and read. Council Member
CLASS "BE" BEER PERMITVoetberg moved that the communication be
Eagle Food Centers, Inc.Eagle Food Center #received and filed. Seconded by Council
130+(Sunday Sales)1800 Elm StMember Buol. Carried by the following vote:
Eagle Food Centers, Inc.Eagle Food Center #Yeas—Council Members Buol, Krieg,
320+(Sunday Sales)2050 JFK RdMichalski, Nicholson, Robbins, Voetberg.
Eagle Food Centers, Inc.Eagle Food Center #Nays—None. Absent—Mayor Duggan.
018+(Sunday Sales)300 S. Locust
Passed, approved and adopted this 21stRESOLUTION NO. 378-96
day of October, 1996.A RESOLUTION APPROVING THE FINAL
Kathryn E. Krieg, Mayor Pro-TemPLAT OF LOT 2, LOT B, LOT C AND LOT D
Attest: Mary A Davis, City ClerkOF ASBURY PLAZA NO. 2, IN THE CITY
Council Member Voetberg moved adoptionOF DUBUQUE, IOWA.
of the Resolution. Seconded by CouncilWhereas, there has been filed with the City
Member Robbins. Carried by the followingClerk a final plat of Lot 2, Lot B, Lot C and Lot
vote: Yeas—Council Members Buol, Krieg,D of Asbury Plaza No. 2, in the City of
Michalski, Nicholson, Robbins, Voetberg.Dubuque, Iowa; and
Nays—None. Absent—Mayor Duggan. Whereas, upon said final plat appears Lot
B and Lot C which the owners by said final
RESOLUTION NO. 377 -96plat have dedicated to the public forever for
Whereas, applications for Liquor Licensesright-of-way purposes; and
have been submitted to this Council forWhereas, the preliminary plat/conceptual
approval and the same have been examinedplan has been examined by the Zoning
and approved; andCommission and had its approval endorsed
Whereas, the premises to be occupied bythereon; and
such applicants were inspected and found toWhereas, said final plat has been reviewed
comply with the State Laws and all Cityby the City Planner and had his/her approval
Ordinances relevant thereto and they haveendorsed thereon; and
filed proper bonds.Whereas, said final plat has been
NOW, THEREFORE, BE IT RESOLVEDexamined by the City Council and they find
BY THE CITY COUNCIL OF THE CITY OFthat it conforms to the statutes and ordinances
DUBUQUE, IOWA:relating to it.
That the Manager be authorized to cause toNOW, THEREFORE, BE IT RESOLVED
be issued the following named applicantsBY THE CITY COUNCIL OF THE CITY OF
a Liquor License.DUBUQUE, IOWA:
CLASS "C" (COMMERCIAL)Section 1. That the dedications of Lot B
BEER/LIQUOR LICENSEand C, together with the easements for public
Dog Gone IncDog House Loungeutilities, sanitary sewer and storm sewer as
+(Sunday Sales)1646 Asbury Rdthey appear upon said final plat, be and the
Nelda L. BennettOld Shangsame are hereby accepted; and
+(Sunday Sales)1091 Main StSection 2. That the plat of Lot 2, Lot B, Lot
DAMA Corp.Rainbow LoungeC and Lot D of Asbury Plaza No. 2 is hereby
+(Sunday Sales)36 W 4th Stapproved and the Mayor and City Clerk are
Sun's CorpYen Ching Restauranthereby authorized and directed to endorse the
926 Main St approval of the City of Dubuque, Iowa, upon
Passed, approved and adopted this 21stsaid final plat.
day of October, 1996.Passed, approved and adopted this 21st
Kathryn E. Krieg, Mayor Pro-Temday of October, 1996.
Attest: Mary A. Davis, City ClerkKathryn E. Krieg, Mayor Pro Tem
Council Member Voetberg moved adoptionATTEST: Mary A. Davis, City Clerk
of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption
Member Robbins. Carried by the followingof the Resolution. Seconded by Council
vote: Yeas—Council Members Buol, Krieg,Member Buol. Carried by the following vote:
Michalski, Nicholson, Robbins, Voetberg.Yeas—Council Members Buol, Krieg,
Nays—None. Absent—Mayor Duggan. Michalski, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Mayor Duggan.
BOARDS AND COMMISSIONS:
Applicant(s) for variousCity Manager recommending approval of
Boards/Commissions were invited to addressfinal plat of Medical Associates and endorsing
the Council to express their desire to serve onstreet naming, presented and read. Council
that Commission.Member Voetberg moved that the
communication be received and filed.
ELECTRICAL CODE BOARD — DanielSeconded by Council Member Michalski.
Dolter, Dan Hammel, and David A. Pregler.Carried by the following vote: Yeas—Council
Members Buol, Krieg, Michalski, Nicholson,
LONG RANGE PLANNING ADVISORYRobbins, Voetberg. Nays—None.
COMMISSION — James E. Gibbs. No oneAbsent—Mayor Duggan.
spoke.
Attorney Mike King, representing Medical
City Manager recommending approval ofAssociates Realty, requested street entrance
final plat for property in Asbury Plaza No. 2,be named Associates Drive.
Regular Session, October 21, 1996
RESOLUTION NO. 379-96manner acceptable to the City Engineer, and
A RESOLUTION APPROVING THE FINALin accordance with construction improvement
PLAT OF LOTS 1 THRU 11 AND LOT A OFplans approved by the City Engineer, and
MEDICAL ASSOCIATES SUBDIVISION NO.inspected by the City Engineer.
2 IN THE CITY OF DUBUQUE, IOWA.c. To construct said improvements, prior to
Whereas, there has been filed with the Citytwo (2) years from the date of acceptance of
Clerk a final plat of Lots 1 thru 11 and Lot A ofthis resolution, at the sole expense of the
Medical Associates Subdivision No. 2 in theowners, or future owners;
City of Dubuque, Iowa; andd. To maintain the public improvements, for a
Whereas, upon said final plat appears aperiod of two (2) years from the date of the
street to be known as Associates Drive,acceptance of those improvements by the City
together with certain public utility, sanitaryof Dubuque, Iowa, at the sole expense of the
sewer, storm sewer and excess storm waterowners, or future owners;
flow path easements which the owners by saidAnd further provided that said Medical
final plat have dedicated to the public forever;Associates Realty, L.P., as owners of said
andproperty, shall secure the performance of the
Whereas, the preliminary plat has beenforegoing conditions provided in this Section
examined by the Zoning Advisory Commissionby providing guarantees in such form and with
and had its approval endorsed thereon; andsuch sureties as may be acceptable to the City
Whereas, said final plat has been reviewedManager of the City of Dubuque, Iowa.
by the City Planner and had her approvalSection 3. Sidewalk installation shall be the
endorsed thereon, subject to the ownersresponsibility of the owner of the property
agreeing to the conditions noted in Section 2abutting the public right-of-way, as required by
below; andCity Code 41-161 through 41-164. The
Whereas, said final plat has beenresponsibility shall extend to all successors,
examined by the City Council and they findheirs and assignees. Sidewalk installation will
that it conforms to the statutes and ordinancesnot be required until the development of the lot
relating to it, except that no streets or publichas been completed, except as required
utilities have yet been constructed or installed;herein. In sparsely developed subdivisions,
andsidewalks on developed lots will not be
Whereas, the City Council concurs in therequired until 50% of the lots approved by the
conditions of approval established by theplat have been developed. All vacant lots shall
Zoning Advisory Commission and the Cityhave sidewalks installed upon development of
Planner.80% of the lots approved by the plat.
NOW, THEREFORE, BE IT RESOLVEDSection 4. That final acceptance of all
BY THE CITY COUNCIL OF THE CITY OFpublic improvements shall occur upon
DUBUQUE, IOWA:certification of the City Engineer that public
Section 1. That the dedication ofimprovements have been completed in
Associates Drive (Lot A) and the proposedaccordance with the improvement plans and
City park land and natural preserve (Lot 11),City standard specifications, and accepted by
together with the easements for public utilities,City Council Resolution.
sanitary sewer, storm sewer and excess stormSection 5. That in the event Medical
water flow path, as they appear upon said finalAssociates Realty L.P. shall fail to execute the
plat, be and the same are hereby accepted;acceptance and furnish the guarantees
andprovided in Section 2 hereof within 180 days
Section 2. That the plat of Lots 1 thru 11after the date of this Resolution, the provisions
and Lot A of Medical Associates Subdivisionhereof shall be null and void and the
No. 2 is hereby approved and the Mayor andacceptance of the dedication and approval the
City Clerk are hereby authorized and directedplat shall not be effective.
to endorse the approval of the City ofSection 6. That the existing storm sewer
Dubuque, Iowa, upon said final plat, providedand utility easement created by the Final Plat
the owners of said property herein named,of Medical Associates Subdivision in Lot 11
execute their written acceptance hereto(instrument No. 12192-95) is hereby vacated
attached agreeing:as shown in Lot 9 of Medical Associates
a. To reduce Associates Drive to grade and toSubdivision No. 2.
construct concrete curb and gutter and to hardSection 7. That Medical Associates Realty,
surface with asphaltic concrete, or withL.P., will form a Property Owners Association
concrete paving with integral curb, all into assume ownership and the maintenance
accordance with the City of Dubuque standardresponsibility for the storm sewer
specifications, all in a manner acceptable toinfrastructure and detention area any of which
the City Engineer, and in conformance withis located outside the right-of-way of the public
construction improvement plans approved bystreets.
the City Engineer, and inspected by the CityPassed, approved and adopted this 21st
Engineer.day of October, 1996.
b. To install sanitary sewer mains and sewerKathryn E. Krieg, Mayor Pro-Term
service laterals into each individual lot, waterATTEST: Mary A. Davis, City Clerk
mains and water service laterals into eachCouncil Member Voetberg moved to adopt,
individual lot, storm sewers and catch basins,as amended - changing name of Clinic Drive
boulevard street lighting and erosion controlto Associates Drive, the Resolution. Seconded
devices all in accordance with the City ofby Council Member Nicholson. Carried by the
Dubuque standard specifications, all in afollowing vote: Yeas—Council Members Buol,
Regular Session, October 21, 1996
Krieg, Michalski, Nicholson, Robbins,Passed, approved and adopted this 21st
Voetberg. Nays—None. Absent—Mayorday of October, 1996.
Duggan. Kathryn E. Krieg, Mayor Pro Tem
ATTEST: Mary A. Davis, City Clerk
City Manager recommending approval ofACCEPTANCE OF
final plat of Lots 1-18 of Southern Hills Subd.RESOLUTION NO. 380-96
subject to conditions, presented and read.I, the undersigned, James P. and Kathy J.
Council Member Nicholson moved that theKemp, having read the terms and conditions of
communication be received and filed.the Resolution No. 380-96 and being familiar
Seconded by Council Member Robbins.with the conditions thereof, hereby accept this
Carried by the following vote: Yeas—Councilsame and agree to the conditions required
Members Buol, Krieg, Michalski, Nicholson,therein.
Robbins, Voetberg. Nays—None.Dated in Dubuque, Iowa this 22nd day of
Absent—Mayor Duggan. October, 1996.
By /s/ James P. Kemp
RESOLUTION NO. 380-96By /s/ Kathy J. Kemp
A RESOLUTION APPROVING THE FINALCouncil Member Nicholson moved adoption
PLAT OF LOTS 1-18, INCLUSIVE, ANDof the Resolution. Seconded by Council
LOT A OF SOUTHERN HILLSMember Robbins. Carried by the following
SUBDIVISION, AS COMPRISED OF LOT 2vote: Yeas—Council Members Buol, Krieg,
OF KEMP PLACE IN DUBUQUE COUNTY,Michalski, Nicholson, Robbins, Voetberg.
IOWA.Nays—None. Absent—Mayor Duggan.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1-18, inclusive, andZoning Advisory Commission advising of
Lot A of Southern Hills Subdivision, astheir approval to rezone property in Sunset
comprised of Lot 2 of Kemp Place inPark 7th Addition, presented and read.
Dubuque, County, Iowa; andCouncil Member Voetberg moved that the
Whereas, upon said final plat appearcommunication be received and filed.
street(s) to be known as Southern Hills Court,Seconded by Council Member Nicholson.
April Lynne Court, and Heidi Re Circle; andCarried by the following vote: Yeas—Council
Whereas, the preliminary plat has beenMembers Buol, Krieg, Michalski, Nicholson,
examined by the Zoning Advisory CommissionRobbins, Voetberg. Nays—None.
and had its approval endorsed thereon, withAbsent—Mayor Duggan.
conditions that Lot 3 not have direct access to
Kemp Road and that the City Council waiveAn Ordinance Amending Zoning Map by
Article IV, Design and Improvement Standardsreclassifying property located on Cora Drive
of the Subdivision Regulations, except for(Lots 8, 9, 10, 11, 12, 13, 14, 15 and 16 all of
Section 42-19, Lots and Blocks; andBlock 2 Sunset Park 7th Addition) from R-1
Whereas, said final plat has been reviewedSingle-Family Residential District to R-2 Two-
by the City Planner and had her approvalFamily Residential District, presented and
endorsed thereon, andread. Council Member Voetberg moved that
Whereas, said final plat has beenthe requirement that a proposed Ordinance be
examined by the City Council and they findconsidered and voted on for passage at two
that it conforms to the statutes and ordinancesCouncil Meetings prior to the meeting at which
relating to it; andit is to be finally passed be suspended.
Whereas, the City Council concurs in theSeconded by Council Member Nicholson.
conditions of approval established by theCarried by the following vote: Yeas—Council
Zoning Commission and the City Planner.Members Buol, Krieg, Michalski, Nicholson,
NOW, THEREFORE, BE IT RESOLVEDRobbins, Voetberg. Nays—None.
BY THE CITY COUNCIL OF THE CITY OFAbsent—Mayor Duggan. Council Member
DUBUQUE, IOWA:Voetberg moved that a Public Hearing be held
Section 1. That the final plat of Lots 1-18,on the proposed Ordinance on the 4th day of
inclusive, and Lot A of Southern HillsNovember, 1996 at 7 p.m. in the Public Library
Subdivision, as comprised of Lot 2 of KempAuditorium and that the City Clerk publish
Place in Dubuque County, Iowa, is herebynotice in the manner prescribed by law.
approved and the Mayor and City Clerk areSeconded by Council Member Nicholson.
hereby authorized and directed to endorse theCarried by the following vote: Yeas—Council
approval of the City of Dubuque, Iowa, uponMembers Buol, Krieg, Michalski, Nicholson,
said final plat.Robbins, Voetberg. Nays—None.
Section 2. That no direct access to KempAbsent—Mayor Duggan.
Road shall be allowed from Lot 3.
Section 3. That the City Council herebyZoning Advisory Commission advising of
waives Article IV, Design and Improvementtheir approval to rezone property located near
Standards, except for Section 42-19, Lots and1140 Kelly Lane, presented and read. Council
Blocks, of the City Subdivision Regulations.Member Voetberg moved that the
Section 4. That in the event the ownercommunication be received and filed.
shall fail to execute the acceptance within oneSeconded by Council Member Nicholson.
hundred eighty (180) after the date of thisCarried by the following vote: Yeas—Council
Resolution, the provisions hereof shall be nullMembers Buol, Krieg, Michalski, Nicholson,
and void and the acceptance and approval ofRobbins, Voetberg. Nays—None.
the plat shall not be effective.Absent—Mayor Duggan.
Regular Session, October 21, 1996
An Ordinance Amending Zoning Map byClerk for public inspection of the Mechanic's
reclassifying property located at 1140 KellyBuilding Addition Project.
Lane from R-1 Single-Family ResidentialNOW, THEREFORE, BE IT RESOLVED,
District to PUD Planned Unit DevelopmentBY THE CITY COUNCIL OF THE CITY OF
District with a PR Planned Residential DistrictDUBUQUE, IOWA, that on the 2nd day of
Designation and adopting a ConceptualDecember, 1996, a public hearing will be held
Development Plan, with Conditions, presentedat 7:00 p.m. in the Public Library Auditorium,
and read. Council Member Voetberg movedat which time interested persons may appear
that the requirement that a proposedand be heard for or against the proposed
Ordinance be considered and voted on forplans and specifications, form of contract and
passage at two Council Meetings prior to thecost of said improvement, and the City Clerk
meeting at which it is to be finally passed bebe and is hereby directed to cause a notice of
suspended. Seconded by Council Membertime and place of such hearing to be
Nicholson. Carried by the following vote:published in a newspaper having general
Yeas—Council Members Buol, Krieg,circulation in the City of Dubuque, Iowa, which
Michalski, Nicholson, Robbins, Voetberg.notice shall be not less than four days nor
Nays—None. Absent—Mayor Duggan.more than twenty days prior to the day fixed for
Council Member Voetberg moved that a Publicits consideration. At the hearing, any
Hearing be held on the proposed Ordinanceinterested person may appear and file
on the 4th day of November, 1996 at 7 p.m. inobjections to the proposed plans,
the Public Library Auditorium and that the Cityspecifications, contract, or estimated cost of
Clerk publish notice in the manner prescribedthe improvement.
by law. Seconded by Council MemberPassed, approved and adopted this 21st
Nicholson. Carried by the following vote:day of October, 1996.
Yeas—Council Members Buol, Krieg,Kathryn E. Krieg, Mayor Pro-Tem
Michalski, Nicholson, Robbins, Voetberg.Attest: Mary a. Davis, City Clerk
Nays—None. Absent—Mayor Duggan. Council Member Michalski moved adoption
of the Resolution. Seconded by Council
City Manager submitting documentsMember Buol. Carried by the following vote:
providing for the bidding process forYeas—Council Members Buol, Krieg,
construction of an Addition to the Mechanic’sMichalski, Nicholson, Robbins, Voetberg.
Building at Park Maintenance Headquarters,Nays—None. Absent—Mayor Duggan.
presented and read. Council Member
Michalski moved that the communication beRESOLUTION NO. 383-96
received and filed. Seconded by CouncilORDERING BIDS
Member Buol. Carried by the following vote:BE IT RESOLVED BY THE COUNCIL OF
Yeas—Council Members Buol, Krieg,THE CITY OF DUBUQUE, IOWA:
Michalski, Nicholson, Robbins, Voetberg.That the Mechanic's Building Addition
Nays—None. Absent—Mayor Duggan. Project is hereby ordered to be advertised for
bids for construction.
RESOLUTION NO. 381-96BE IT FURTHER RESOLVED, that the
PRELIMINARY APPROVAL OF PLANSamount of the security to accompany each bid
AND SPECIFICATIONSshall be in an amount which shall conform to
BE IT RESOLVED BY THE CITYthe provisions of the notice to bidders hereby
COUNCIL OF THE CITY OF DUBUQUE,approved as a part of the plans and
IOWA:specifications heretofore adopted.
That the proposed plans, specifications,That the City Clerk is hereby directed to
form of contract and estimated cost for theadvertise for bids for the construction of the
Mechanic's Building Addition Project, in theimprovements herein provided to be published
estimated amount of $38,000, are herebyin a newspaper having general circulation in
approved and ordered filed in the office of thethe City of Dubuque, Iowa, which notice shall
City Clerk, for public inspection.not be less than four days nor more than
Passed, approved and adopted this 21sttwenty days prior to the receipt of said bids at
day of October, 1996.2:00 p.m. on the 14th day of November, 1996.
Kathryn E. Krieg, Mayor Pro-TemBids shall be opened and read by the City
Attest: Mary A. Davis, City ClerkClerk at said time and will be submitted to the
Council Member Michalski moved adoptionCouncil for final action at 7:00 p.m. on the
of the Resolution. Seconded by Council2nd day of December, 1996.
Member Buol. Carried by the following vote:Passed, approved and adopted this 21st
Yeas—Council Members Buol, Krieg,day of October, 1996.
Michalski, Nicholson, Robbins, Voetberg.Kathryn E. Krieg, Mayor Pro-Tem
Nays—None. Absent—Mayor Duggan. Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
RESOLUTION NO. 382-96of the Resolution. Seconded by Council
FIXING DATE OF HEARING ON PLANSMember Buol. Carried by the following vote:
AND SPECIFICATIONSYeas—Council Members Buol, Krieg,
Whereas, the City Council of the City ofMichalski, Nicholson, Robbins, Voetberg.
Dubuque, Iowa has given its preliminaryNays—None. Absent—Mayor Duggan.
approval on the proposed plans,
specifications, and form of contract andCity Manager submitting documents
placed same on file in the office of the Cityproviding for bidding process for Kelly Lane
Regular Session, October 21, 1996
Reconstruction project, presented and read.That the proposed plans, specifications,
Council Member Nicholson moved that theform of contract and estimated cost for the
communication be received and filed.Kelly Lane Reconstruction Project, in the
Seconded by Council Member Robbins.estimated amount $2,639,725.97, are hereby
Carried by the following vote: Yeas—Councilapproved and ordered filed in the office of the
Members Buol, Krieg, Michalski, Nicholson,City Clerk for public inspection.
Robbins, Voetberg. Nays—None.Passed, adopted and approved this 21st
Absent—Mayor Duggan. day of October, 1996.
Kathryn E. Krieg, Mayor Pro-Tem
RESOLUTION NO. 384-96Attest: Mary A. Davis, City Clerk
Whereas, the City of Dubuque has beenCouncil Member Nicholson moved adoption
negotiating with the owners of record for right-of the Resolution. Seconded by Council
of-way and easements necessary for the KellyMember Robbins. Carried by the following
Lane Reconstruction Project; andvote: Yeas—Council Members Buol, Krieg,
Whereas, the City of Dubuque has notMichalski, Nicholson, Robbins, Voetberg.
been successful after reasonable attempts inNays—None. Absent—Mayor Duggan.
its efforts to negotiate a sale and purchase
price for the required right-of-way; andRESOLUTION NO. 386-96
FIXING DATE OF HEARING ON
Whereas, the City of Dubuque finds andPLANS AND SPECIFICATIONS
determines that eminent domain proceedingsWhereas, the City Council of the City of
should be instituted to acquire the neededDubuque, Iowa has given its preliminary
right-of-way and easements.approval on the proposed plans,
NOW, THEREFORE, BE IT RESOLVEDspecifications, and form of contract and
BY THE CITY COUNCIL OF THE CITY OFplaced same on file in the office of the City
DUBUQUE, IOWA:Clerk for public inspection of the Kelly Lane
Section 1. That eminent domainReconstruction Project.
proceedings be instituted forthwith by the CityNOW THEREFORE, BE IT RESOLVED
of Dubuque, Iowa for acquisition of theBY THE CITY COUNCIL OF THE CITY OF
following lots or portions thereof as follows:DUBUQUE, IOWA:
th
1.Lot 1-1-2-1-1-2 Petersen Place in the CityThat on the 18 day of November, 1996, a
of Dubuque.public hearing will be held at 7:00 p.m. in
2.Lot 3-3 Mark Heights in the City ofPublic Library Auditorium at which time
Dubuque.interested persons may appear and be heard
3.Lot 2-1-1-2 Garrels Grove in the City offor or against the proposed plans and
Dubuque.specifications, form of contract and cost of
4.Lot 4 Parkland Ridge Subdivision in thesaid improvement, and the City Clerk be and
City of Dubuque.is hereby directed to cause a notice of time
5.Lot 2-2-1-1-1-1-1-1 Mineral Lot 112 in theand place of such hearing to be published in a
City of Dubuque.newspaper having general circulation in the
6.Lot 2-1-1-1-1-1-1-1 Mineral Lot 112 in theCity of Dubuque, Iowa, which notice shall be
City of Dubuque.not less than four days nor more than twenty
7.Lot 2-2 Garrels Grove in the City ofdays prior to the day fixed for its consideration.
Dubuque.At the hearing, any interested person may
8.Lot 2 Mark Heights in the City of Dubuque.appear and file objections to the proposed
plans, specifications, contract, or estimated
and that Corporation Counsel be directed tocost of the improvement.
institute said eminent domain proceedingsPassed, adopted and approved this 21st
forthwith for and on behalf of the City ofday of October, 1996.
Dubuque, Iowa.Kathryn E. Krieg, Mayor Pro-Tem
Section 2. That the Corporation CounselAttest: Mary A. Davis, City Clerk
be and is hereby directed and empowered toCouncil Member Nicholson moved adoption
do any and all things necessary and incidentalof the Resolution. Seconded by Council
to said eminent domain proceedings.Member Robbins. Carried by the following
Passed, approved and adopted this 21stvote: Yeas—Council Members Buol, Krieg,
day of October, 1996.Michalski, Nicholson, Robbins, Voetberg.
Kathryn E. Krieg, Mayor Pro-TemNays—None. Absent—Mayor Duggan.
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved adoptionRESOLUTION NO. 387-96
of the Resolution. Seconded by CouncilRESOLUTION OF NECESSITY
Member Robbins. Carried by the followingWhereas, proposed plans have been duly
vote: Yeas—Council Members Buol, Krieg,prepared and approved by the City Council of
Michalski, Nicholson, Robbins, Voetberg.the City of Dubuque and are now on file in the
Nays—None. Absent—Mayor Duggan. office of City Clerk showing among other
things the plans, specifications, form of
RESOLUTION NO. 385-96contract, estimated cost and preliminary plat
PRELIMINARY APPROVAL OFand schedule showing the amount proposed
PLANS AND SPECIFICATIONSto be assessed against each lot and the
NOW THEREFORE, BE IT RESOLVEDvaluation of each lot as filed by the City
BY THE CITY COUNCIL OF THE CITY OFCouncil, for the Kelly Lane Reconstruction
DUBUQUE, IOWA:Project.
Regular Session, October 21, 1996
NOW THEREFORE, BE IT RESOLVEDCity Clerk be and is hereby authorized and
BY THE CITY COUNCIL OF THE CITY OFdirected to cause a notice of time and place of
DUBUQUE, IOWA:such hearing to be published in a newspaper
That the City Council deems it advisablehaving general circulation in the City of
and necessary for the public welfare to makeDubuque, Iowa, which notice shall be
the herein mentioned improvements, andpublished once each week for two consecutive
unless property owners at the time of the finalweeks, the first publication of which shall be
consideration of this proposed resolution havenot less than ten days prior to the day fixed for
on file with the City Clerk objections to theits consideration. Unless property owners at
resolution of necessity, they shall be deemedthe time of the final consideration of this
to have waived all objections pertaining to theproposed resolution have on file with the City
regularity of the proceeding and the legality ofClerk objections to the Resolution of Necessity
using the special assessment procedure.they shall be deemed to have waived all
Said improvements shall be constructedobjections thereto.
and done in accordance with the plans andPassed, adopted and approved this 21st
specifications which have been approved byday of October, 1996.
the City Council and now on file with the CityKathryn E. Krieg, Mayor Pro-Tem
Clerk. That the cost and expense of makingAttest: Mary A. Davis, City Clerk
such improvement will be assessed partially orCouncil Member Nicholson moved adoption
totally against privately owned property lyingof the Resolution. Seconded by Council
with the assessment limits, and in an amountMember Robbins. Carried by the following
not to exceed that provided by law, and invote: Yeas—Council Members Buol, Krieg,
proportion to the special benefits conferred.Michalski, Nicholson, Robbins, Voetberg.
The portion of the cost which shall beNays—None. Absent—Mayor Duggan.
borne by the City will be paid from, and special
assessment bonds may be issued inRESOLUTION NO. 389-96
anticipation of deferred payments ofRESOLUTION APPROVING PRELIMINARY SCHEDULE OF
assessments when a contract has been ASSESSMENTS
performed and accepted, and the proceedsNOW THEREFORE, BE IT RESOLVED
thereof used to pay the contractor.BY THE CITY COUNCIL OF THE CITY OF
The above resolution was introduced,DUBUQUE, IOWA:
approved and ordered placed on file with theThat the attached sheets, 1 to 5 inclusive,
City Clerk this 21st day of October, 1996.are hereby determined to be the schedule of
Approved and placed on file for final action.proposed assessments for the Kelly Lane
Kathryn E. Krieg, Mayor Pro-TemReconstruction Project and the valuations set
Attest: Mary A. Davis, City Clerkout herein are hereby approved.
Council Member Nicholson moved adoptionPassed, approved and adopted this 21st
of the Resolution. Seconded by Councilday of October, 1996.
Member Robbins. Carried by the followingKathryn E. Krieg, Mayor Pro-Tem
vote: Yeas—Council Members Buol, Krieg,Attest: Mary A. Davis, City Clerk
Michalski, Nicholson, Robbins, Voetberg.Council Member Nicholson moved adoption
Nays—None. Absent—Mayor Duggan. of the Resolution. Seconded by Council
Member Robbins. Carried by the following
RESOLUTION NO. 388-96vote: Yeas—Council Members Buol, Krieg,
FIXING DATE OF HEARINGMichalski, Nicholson, Robbins, Voetberg.
ON RESOLUTION OF NECESSITYNays—None. Absent—Mayor Duggan.
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminaryCity Manager submitting documents
approval on the proposed plans, specificationsproviding for bidding process for City Hall First
and form of contract and placed same on fileFloor Remodeling project, presented and read.
in the office of the City Clerk for publicCouncil Member Voetberg moved that the
inspection, for the Kelly Lane Reconstructioncommunication be received and filed.
Project, and,Seconded by Council Member Buol. Carried
Whereas, the proposed Resolution ofby the following vote: Yeas—Council Members
Necessity for said improvement has beenBuol, Krieg, Michalski, Nicholson, Robbins,
introduced and is now on file in the CityVoetberg. Nays—None. Absent—Mayor
Clerk's office for public inspection.Duggan.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 390-96
DUBUQUE, IOWA:PRELIMINARY APPROVAL OF
th
That on the 18 day of November, 1996, a PLANS AND SPECIFICATIONS
public hearing will be held at 7:00 o'clock p.m.NOW THEREFORE, BE IT RESOLVED
in the Public Library Auditorium in the City ofBY THE CITY COUNCIL OF THE CITY OF
Dubuque at which time the owners of propertyDUBUQUE, IOWA:
subject to assessment for the proposedThat the proposed plans, specifications,
improvement or any other person having anform of contract and estimated cost for the
interest in the matter may appear and be heardCity Hall First Floor Remodeling, in the
for or against the making of the improvement,estimated amount of $177,454.00, are hereby
the boundaries of the district, the cost, theapproved and ordered filed in the office of the
assessment against any lot, or the finalCity Clerk for public inspection.
adoption of a resolution of necessity and thePassed, adopted and approved this 21st
Regular Session, October 21, 1996
day of October, 1996.twenty days prior to the receipt of said bids at
th
Kathryn E. Krieg, Mayor Pro-Tem2:00 p.m. on the 7 day of November, 1996.
Attest: Mary A. Davis, City ClerkBids shall be opened and read by the City
Council Member Voetberg moved adoptionClerk at said time and will be submitted to the
th
of the Resolution. Seconded by CouncilCouncil for final action at 7:00 p.m. on the 18
Member Buol. Carried by the following vote:day of November, 1996.
Yeas—Council Members Buol, Krieg,Passed, adopted and approved this 21st
Michalski, Nicholson, Robbins, Voetberg.day of October, 1996.
Nays—None. Absent—Mayor Duggan. Kathryn E. Krieg, Mayor Pro-Tem
Attest: Mary A. Davis, City Clerk
RESOLUTION NO. 391-96Council Member Voetberg moved adoption
FIXING DATE OF HEARING ONof the Resolution. Seconded by Council
PLANS AND SPECIFICATIONSMember Buol. Carried by the following vote:
Whereas, the City Council of the City ofYeas—Council Members Buol, Krieg,
Dubuque, Iowa has given its preliminaryMichalski, Nicholson, Robbins, Voetberg.
approval on the proposed plans,Nays—None. Absent—Mayor Duggan.
specifications, and form of contract and
placed same on file in the office of the CityCity Manager submitting documents
Clerk for public inspection of the City Hall Firstproviding for bidding process for Stafford &
Floor Remodeling.Ries Street Storm Sewer Extension project,
NOW THEREFORE, BE IT RESOLVEDpresented and read. Council Member
BY THE CITY COUNCIL OF THE CITY OFNicholson moved that the communication be
DUBUQUE, IOWA:received and filed. Seconded by Council
th
That on the 18 day of November, 1996, aMember Robbins. Carried by the following
public hearing will be held at 7:00 p.m. in thevote: Yeas—Council Members Buol, Krieg,
Public Library Auditorium at which timeMichalski, Nicholson, Robbins, Voetberg.
interested persons may appear and be heardNays—None. Absent—Mayor Duggan.
for or against the proposed plans and
specifications, form of contract and cost ofRESOLUTION NO. 393-96
said improvement, and the City Clerk be andPRELIMINARY APPROVAL OF
is hereby directed to cause a notice of time PLANS AND SPECIFICATIONS
and place of such hearing to be published in aNOW THEREFORE, BE IT RESOLVED
newspaper having general circulation in theBY THE CITY COUNCIL OF THE CITY OF
City of Dubuque, Iowa, which notice shall beDUBUQUE, IOWA:
not less than four days nor more than twentyThat the proposed plans, specifications,
days prior to the day fixed for its consideration.form of contract and estimated cost for the
At the hearing, any interested person mayStafford and Ries Street Storm Sewer
appear and file objections to the proposedExtension, in the estimated amount of
plans, specifications, contract, or estimated$68,682.55, are hereby approved and ordered
cost of the improvement.filed in the office of the City Clerk for public
Passed, adopted and approved this 21stinspection.
day of October, 1996.Passed, adopted and approved this 21st
Kathryn E. Krieg, Mayor Pro-Temday of October, 1996.
Attest: Mary A. Davis, City ClerkKathryn E. Krieg, Mayor Pro-Tem
Council Member Voetberg moved adoptionAttest: Mary A. Davis, City Clerk
of the Resolution. Seconded by CouncilCouncil Member Nicholson moved adoption
Member Buol. Carried by the following vote:of the Resolution. Seconded by Council
Yeas—Council Members Buol, Krieg,Member Robbins. Carried by the following
Michalski, Nicholson, Robbins, Voetberg.vote: Yeas—Council Members Buol, Krieg,
Nays—None. Absent—Mayor Duggan. Michalski, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Mayor Duggan.
RESOLUTION NO. 392-96
ORDERING BIDSRESOLUTION NO. 394-96
NOW THEREFORE, BE IT RESOLVEDFIXING DATE OF HEARING ON
BY THE COUNCIL OF THE CITY OF PLANS AND SPECIFICATIONS
DUBUQUE, IOWA:Whereas, the City Council of the City of
That the City Hall First Floor Remodeling 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 each bidClerk for public inspection of the Stafford and
shall be in an amount which shall conform toRies Street Storm Sewer Extension.
the provisions of the notice to bidders herebyNOW THEREFORE, BE IT RESOLVED
approved as a part of the plans andBY THE CITY COUNCIL OF THE CITY OF
specifications heretofore adopted.DUBUQUE, IOWA:
th
That the City Clerk is hereby directed toThat on the 4 day of November, 1996, a
advertise for bids for the construction of thepublic hearing will be held at 7:00 p.m. in the
improvements herein provided, to be publishedPublic Library Auditorium at which time
in a newspaper having general circulation ininterested persons may appear and be heard
the City of Dubuque, Iowa, which notice shallfor or against the proposed plans and
not be less than four days nor more thanspecifications, form of contract and cost of
Regular Session, October 21, 1996
said improvement, and the City Clerk be andNays—None. Absent—Mayor Duggan.
is hereby directed to cause a notice of time
and place of such hearing to be published in aAt 7:46 p.m. Council Member Voetberg
newspaper having general circulation in themoved that they go into Closed Session - In
City of Dubuque, Iowa, which notice shall beaccordance with Chapter 21.5 1.(j) To discuss
not less than four days nor more than twentythe purchase of particular real estate where
days prior to the day fixed for its consideration.premature disclosure could be reasonably
At the hearing, any interested person mayexpected to increase the price the
appear and file objections to the proposedgovernmental body would have to pay for that
plans, specifications, contract, or estimatedproperty. Seconded by Council Member Buol.
cost of the improvement.Carried by the following vote: Yeas—Council
Passed, adopted and approved this 21stMembers Buol, Krieg, Michalski, Nicholson,
day of October, 1996.Robbins, Voetberg. Nays—None.
Kathryn E. Krieg, Mayor Pro-TemAbsent—Mayor Duggan.
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved adoptionAt 8:03 Council reconvened Regular
of the Resolution. Seconded by CouncilSession with statement that Staff had been
Member Robbins. Carried by the followinggiven direction.
vote: Yeas—Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.There being no further business, Council
Nays—None. Absent—Mayor Duggan. Member Voetberg moved to adjourn.
Seconded by Council Member Buol. Carried
RESOLUTION NO. 395-96by the following vote: Yeas—Council Members
ORDERING BIDSBuol, Krieg, Michalski, Nicholson, Robbins,
NOW THEREFORE, BE IT RESOLVEDVoetberg. Nays—None. Absent—Mayor
BY THE COUNCIL OF THE CITY OFDuggan. The meeting adjourned at 8:04 p.m.
DUBUQUE, IOWA:
That the Stafford and Ries Street StormMary A. Davis CMC
Sewer Extension is hereby ordered to beCity Clerk
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more than
twenty days prior to the receipt of said bids at
th
2:00 p.m. on the 29 day of October, 1996.
Bids shall be opened and read by the City
Clerk at said time and will be submitted to the
th
Council for final action at 7:00 p.m. on the 4
day of November, 1996.
Passed, adopted and approved this 21st
day of October, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Mayor Duggan.
City Manager requesting a public hearing
be set on November 4, 1996 to consider
adoption of Dubuque Heritage Trail Master
Plan, presented and read. Council Member
Nicholson moved that this matter be set for
Public Hearing on 11-4-96 at 7:00 p.m. in the
Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed
by law. Seconded by Council Member
Voetberg. Carried by the following vote:Approved , 1997
Yeas—Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.Adopted , 1997
Regular Session, October 21, 1996
Mayor
Council Members
Attest:
City Clerk