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1996 November Council ProceedingsRegular Session, November 4, 1996 NOTICES OF CLAIMS/SUITS — John C. DUBUQUE Abitz, Jr. in unknown amount for motorcycle damages and personal injuries; Martin W. Dunne in an amount of not less than CITY COUNCIL $25,000.00 for personal injuries etc.; Jim Milligan in unknown amount for vehicle damages, presented and read. Council OFFICIAL Member Voetberg moved that the claims and PROCEEDINGS suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Michalski. Carried by the following City Council, Regular Session, November vote: Yeas—Mayor Duggan, Council Members 4, 1996. Buol, Krieg, Michalski, Nicholson, Robbins, Council Met at 7:00 p.m., Public Library Voetberg. Nays—None. Auditorium. Corporation Counsel advising personal Present: Mayor Duggan, Council Members injury claim of Martin W. Dunne has been Buol, Krieg, Michalski, Nicholson, Robbins, forwarded to DRA’s insurance carrier; Voetberg, City Manager Michael C. Van Property damage claim of Jack Kowalski has Milligen, Corporation Counsel Barry A.been forwarded to Connolly Construction for Lindahl.handling, presented and read. Council Member Voetberg moved that the Mayor Duggan read the call and stated thiscommunication be received and filed. is the Regular Session of the City CouncilSeconded by Council Member Michalski. called for the purpose to act upon suchCarried by the following vote: Yeas—Mayor business which may properly come before the Duggan, Council Members Buol, Krieg, Council. Michalski, Nicholson, Robbins, Voetberg. Nays—None. Invocation was given by Sister Michelle Nemmers, OSF, Mgr. of the Dubuque Branch Corporation Counsel advising car damage of the Alzheimer’s Assn. claim of Julie J. Huseman has been referred to Crawford & Company, the agent for the PROCLAMATIONS — Month of Nov. as Iowa Communities Assurance Pool, presented ”Alzheimer’s Disease Public Awareness” and read. Council Member Voetberg moved received by Sr. Michelle Nemmers, OSF; that the communication be received and filed. Month of Nov. as ”Home Care Month” received Seconded by Council Member Michalski. by Julie McMahon; Nov. 2-16 as “Human Carried by the following vote: Yeas—Mayor Relations ‘96'” - “Connections Worth Duggan, Council Members Buol, Krieg, Celebrating” received by Thom Determan; Michalski, Nicholson, Robbins, Voetberg. Nov. 3-9 as “Key Club Week” received by Nays—None. Meggan Gavin; Nov. 4-10 as “Youth Appreciation Week” received by Morning Corporation Counsel recommending Optimists’ President John Gonner and Noon settlements of car damage claim of Keevin Optimists President Jeff Stiles. Franzen, M.D. in the amount of $267.60 and property damage claim of Bruce E. Von Ah in MINUTES SUBMITTED — Citizens with the amount of $30.28 and authorize Finance Disabilities Parking Review Committee of 9- Director to issue check, presented and read. 24; Five Flags Commission Meeting of 10-21; Council Member Voetberg moved that the Historic Preservation Commission of 10-14; communication be received and filed and Housing Commission Trust Fund Committee settlements approved and Finance Director to of 10-10; Human Rights Commission of 9-9; issue proper checks. Seconded by Council Investment Oversight Advisory Commission of Member Michalski. Carried by the following 10-17; Park & Recreation Commission of 10- vote: Yeas—Mayor Duggan, Council Members 8; Plumbing Board of 10-15; Proof ofBuol, Krieg, Michalski, Nicholson, Robbins, Publication on printed Council proceedings forVoetberg. Nays—None. meeting of 10-7; Proof of Publication on Notice of Proposed amendment to the AnnualCorporation Counsel recommending denial Action Plan for use of Communityof following claims: Property damage of Carol Development Block Grant Funds; InvestmentOglesby and Car damage of Marc D. Shonka, Oversight Commission submitting their presented and read. Council Member quarterly report through September 20, 1996; Voetberg moved that the communication be and Finance Director submitting City Financial received and filed and denial approved. Reports for month of September, 1996; Seconded by Council Member Michalski. presented and read. Council Member Carried by the following vote: Yeas—Mayor Voetberg moved that the minutes, proofs and Duggan, Council Members Buol, Krieg, reports be received and filed. Seconded by Michalski, Nicholson, Robbins, Voetberg. Council Member Michalski. Carried by the Nays—None. following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Sesquicentennial Commission Robbins, Voetberg. Nays—None. Chairperson, Jan Hess, requesting submittal of two items to be placed in a time capsule to Regular Session, November 4, 1996 be opened on the occasion of the BicentennialCity Manager recommending Budget on December 28, 2046 and City ManagerAmendment in Fiscal Year 1997 for Aircraft advising of document(s) to be placed in theRescue & Fire Fighting Vehicle, presented capsule, presented and read. Council Memberand read. Council Member Voetberg moved Voetberg moved that the communications bethat the communication be received and filed received and filed. Seconded by Counciland approved Budget amendment. Seconded Member Michalski. Carried by the followingby Council Member Michalski. Carried by the vote: Yeas—Mayor Duggan, Council Membersfollowing vote: Yeas—Mayor Duggan, Council Buol, Krieg, Michalski, Nicholson, Robbins,Members Buol, Krieg, Michalski, Nicholson, Voetberg. Nays—None. Robbins, Voetberg. Nays—None. Mississippi River Museum requesting CityREFUND REQUESTED — Kimble’s Manager be authorized to execute $40,000Variety & Gifts, $75.00 on unused Cigarette contract for asbestos abatement and anLicense, presented and read. Council Member indemnity agreement for the Dubuque CountyVoetberg moved that the communication be Historical Society’s Steamboat Wm. M. Blackreceived and filed and refund approved and Restoration Project, presented and read.Finance Director to issue proper check. Council Member Voetberg moved that theSeconded by Council Member Michalski. communication be received and filed andCarried by the following vote: Yeas—Mayor approved authorization with City Manager toDuggan, Council Members Buol, Krieg, execute. Seconded by Council MemberMichalski, Nicholson, Robbins, Voetberg. Michalski. Carried by the following vote:Nays—None. Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,RESOLUTION NO.396-96 Voetberg. Nays—None. Whereas, applications for Beer Permits have been submitted and filed to this Council City Manager transmitting draft Fiscal Yearfor approval and the same have been 1998 Guidelines for Council review andexamined and approved; and adoption, presented and read. CouncilWhereas, the premises to be occupied by Member Voetberg moved that thesuch applicants were inspected and found to communication be received and filed andcomply with the Ordinances of this City and approved with direction to change the budgethave filed proper bonds. review process date of Feb. 12th to anotherNOW, THEREFORE, BE IT RESOLVED date. Seconded by Council Member Michalski.BY THE CITY COUNCIL OF THE CITY OF Carried by the following vote: Yeas—MayorDUBUQUE, IOWA: Duggan, Council Members Buol, Krieg,That the Manager be authorized to cause to Michalski, Nicholson, Robbins, Voetberg.be issued the following named applicants a Nays—None. Beer Permit. CLASS "C" BEER PERMIT Brian J. Kane, on behalf of FischerIowa Oil CompanyIOCO Speede Shoppe Companies, requesting postponement of +(Sunday Sales)3270 Dodge St. proposed walkway across the FischerMolo Oil CompanyBig 10 Mart Companies’ land, presented and read. Council +(Sunday Sales)1875 JFK Rd Member Voetberg moved that thePassed, approved and adopted this 4th day communication be received and filed.of November, 1996. Seconded by Council Member Michalski.Terrance M. Duggan, Mayor Carried by the following vote: Yeas—MayorAttest: Mary A Davis, City Clerk Duggan, Council Members Buol, Krieg,Council Member Voetberg moved adoption Michalski, Nicholson, Robbins, Voetberg.of the Resolution. Seconded by Council Nays—None. Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members City Manager requesting ratification ofBuol, Krieg, Michalski, Nicholson, Robbins, amended lease with DRA, presented andVoetberg. Nays—None. read. Council Member Voetberg moved that the communication be received and filed andBOARDS AND COMMISSIONS: approved ratification. Seconded by CouncilApplicants were invited to address the Member Michalski. Carried by the followingCouncil to indicate their desire to serve on vote: Yeas—Mayor Duggan, Council Membersfollowing Boards/Commissions: Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. APPEALS BOARD - BUILDING CODE: Applicant Tim J. Pancratz. City Manager requesting approval of Governor’s Traffic Safety Bureau Grant,HUMAN RIGHTS COMMISSION: Applicant presented and read. Council MemberJudith Haley Giesen. Judith Haley Giesen Voetberg moved that the communication bespoke. received and filed and request approved. Seconded by Council Member Michalski.Appointments to be made to the following Carried by the following vote: Yeas—Mayorboards. Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg.ELECTRICAL CODE BOARD: Applicants: Nays—None. Daniel J. Dolter, Dan Hammel and David A. Regular Session, November 4, 1996 Pregler. Council Member Voetberg moved thatDUBUQUE, IOWA: Daniel J. Dolter and Dan Hammel beSection 1. That Appendix A (the Zoning reappointed and David A. Pregler appointed toOrdinance) of the City of Dubuque Code of the At Large position for terms expiring 5-21-Ordinances is hereby amended by 99. Seconded by Council Member Buol.reclassifying the hereinafter described Carried by the following vote: Yeas—Mayorproperty from R-1 Single-Family Residential Duggan, Council Members Buol, Krieg,District to R-2 Single-Family Residential Michalski, Nicholson, Robbins, Voetberg.District, to wit: Nays—None. Lots 8, 9, 10, 11, 12, 13, 14, 15 and 16, all of Block 2 Sunset Park 7th Addition, and to the LONG RANGE PLANNING ADVISORYcenter line of the adjoining public right-of-way, COMMISSION: Applicant — James E. Gibbs.all in the City of Dubuque, Iowa. Council Member Michalski moved that JamesSection 2. The foregoing amendment has E. Gibbs be appointed to the unexpired 3-yearheretofore been reviewed by the Zoning term which will expire 7-1-98. Seconded byAdvisory Commission of the City of Dubuque, Council Member Buol. Carried by the followingIowa. vote: Yeas—Mayor Duggan, Council MembersSection 3. This ordinance shall take effect Buol, Krieg, Michalski, Nicholson, Robbins,immediately upon publication, as provided by Voetberg. Nays—None. law. Passed, approved and adopted this 4th day Council Member Voetberg moved toof November, 1996. suspend the rules to allow anyone present toTerrance M. Duggan, Mayor address the Council if they so desire.Attest: Mary A. Davis, City Clerk Seconded by Council Member Nicholson.Published officially in the Telegraph Herald Carried by the following vote: Yeas—Mayornewspaper this day 12th day of November, Duggan, Council Members Buol, Krieg,1996. Michalski, Nicholson, Robbins, Voetberg.1t 11/12Mary A. Davis CMC, City Clerk Nays—None. Council Member Voetberg moved final consideration and passage of the Ordinance. Proof of publication certified to by theSeconded by Council Member Nicholson. Publisher on Notice of Public Hearing toCarried by the following vote: Yeas—Mayor reclassify property located on Cora Drive from Duggan, Council Members Buol, Krieg, R-1 to R-2 District and a petition containing 12 Michalski, Nicholson, Robbins, Voetberg. signatures objecting to rezoning as requested, Nays—None. presented and read. Council Member Voetberg moved that the proof be received Proof of publication certified to by the and filed. Seconded by Council Member Publisher on Notice of Public Hearing to Nicholson. Carried by the following vote: reclassify property located at 1140 Kelly Lane Yeas—Mayor Duggan, Council Members from R-1 to PUD, presented and read. Council Buol, Krieg, Michalski, Nicholson, Robbins, Member Krieg moved that the proof be Voetberg. Nays—None. received and filed. Seconded by Council Member Robbins. Carried by the following An Ordinance No. 48-96 Amending Zoning vote: Yeas—Mayor Duggan, Council Members Map by reclassifying property located on Cora Buol, Krieg, Michalski, Nicholson, Robbins, Drive (Lots 8, 9, 10, 11, 12, 13, 14, 15 and 16 Voetberg. Nays—None. all of Block 2 Sunset Park 7th Addition) from R-1 Single-Family Residential District to R-2 Dick Schiltz, owner of the property, spoke Two-Family Residential District, with first & requesting the rezoning. second readings given on 10-21-96, now presented for further action. An Ordinance Amending Zoning Map by reclassifying property located at 1140 Kelly Attorney Brian Kane, on behalf of Carl Lane from R-1 Single-Family Residential Burbach, spoke requesting approval of District to PUD Planned Unit Development rezoning.District with a PR Planned Residential District Dick Schiltz, Chair of Zoning Comm.,designation and adopting a Conceptual spoke clarifying some specifics.Development Plan, with conditions, first & second readings given on 10-21-96, (OFFICIAL PUBLICATION)presented for further action. ORDINANCE NO. 48-96 AN ORDINANCE AMENDING APPENDIX A(OFFICIAL PUBLICATION) (THE ZONING ORDINANCE) OF THE CITYORDINANCE NO. 49-96 OF DUBUQUE CODE OF ORDINANCES,AN ORDINANCE AMENDING APPENDIX A BY RECLASSIFYING HEREINAFTER(THE ZONING ORDINANCE) OF THE CITY DESCRIBED PROPERTY LOCATED ONOF DUBUQUE CODE OF ORDINANCES BY CORA DRIVE (LOTS 8, 9, 10, 11, 12, 13, 14, RECLASSIFYING HEREINAFTER 15 AND 16 ALL OF BLOCK 2 SUNSET DESCRIBED PROPERTY LOCATED AT PARK 7TH ADDITION) FROM R-1 SINGLE- 1140 KELLY LANE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-2 FAMILY RESIDENTIAL DISTRICT TO PUD TWO-FAMILY RESIDENTIAL DISTRICT. PLANNED UNIT DEVELOPMENT DISTRICT NOW, THEREFORE, BE IT ORDAINED WITH A PR PLANNED RESIDENTIAL BY THE CITY COUNCIL OF THE CITY OF DISTRICT DESIGNATION AND ADOPTING Regular Session, November 4, 1996 A CONCEPTUAL DEVELOPMENT PLAN,unit. WITH CONDITIONS.4)Subdivision plats and improvements plans NOW, THEREFORE, BE IT ORDAINEDshall be submitted in accordance with Chapter BY THE CITY COUNCIL OF THE CITY OF42 of the City of Dubuque Code of DUBUQUE, IOWA:Ordinances. Section 1. Appendix A (the Zoning5)The private street (Kelly Heights) is to have Ordinance) of the City of Dubuque Code ofa 40 foot right-of-way, a 26-foot wide paved Ordinances is hereby amended bystreet, and a 37.5 foot diameter cul-de-sac. reclassifying the hereinafter describedD.Open Space and Recreational Areas property from R-1 Single-Family ResidentialThose areas not designated on the conceptual District to PUD Planned Unit Developmentdevelopment plan for development shall be District with a PR Planned Residentialmaintained as open space, as defined by designation and adopting a conceptualSection 8 of the Zoning Ordinance by the development plan, a copy of which is attachedproperty owner and/or association. to and made a part hereof, with conditions asE.Sign Regulations. stated below, to wit:The sign regulations shall be in accordance Comprised of part of Lot 2 of 1 of 2 of 1with the R-1 Single-Family Residential District Mineral Lot 118, and to the center line ofas established in Section 4-3.11 of the Zoning the adjoining public right-of-way, all in theOrdinance. City of Dubuque, Iowa.F.Additional Standards. Section 2. Pursuant to Iowa Code Section1)The conceptual development plan shall be 414.5 (1993), and as an express condition ofvalid for a period of 5 years provided a final the reclassification, the undersigned propertysite development plan and/or a final owner agrees to the following conditions, all ofsubdivision plat and improvement plans for the which the property owner further agrees areprivate street are submitted within two (2) reasonable and imposed to satisfy the publicyears from the date of approval. needs that are caused directly by the zoningG.Transfer of Ownership reclassification:Transfer of ownership or lease of property in A.Use Regulations.this PUD District shall include in the transfer The following regulations shall apply to allor lease agreement a provision that the uses made of land in the above describedpurchaser or lessee acknowledges awareness PUD District:of the conditions authorizing the establishment 1)Principal permitted uses shall be limited to:of the district. four (4) single family residential dwellingH.Reclassification of Subject Property. units—[11].The City of Dubuque, Iowa, may initiate zoning 2)No secondary or contingency uses shall bereclassification proceedings to the R-1 Single- permitted.Family Residential District in accordance with 3)Accessory uses shall include any useSection 6 of the Zoning Ordinance if the customarily incidental and subordinate to theproperty owner fails to complete or maintain principal use it serves.any of the conditions of this ordinance. [ ] Parking group—see Section 4-2 of theI. Modifications. Zoning Ordinance.Any modifications of this Ordinance must B.Lot and Bulk Regulations.be approved by the City Council in accordance Development of land in the PUD District shallwith zoning reclassification proceedings of be regulated as follows:Section 6 of the Zoning Ordinance. 1)All building structures and activities shallJ.Recording. be located in conformance with the attachedA copy of this ordinance shall be recorded at conceptual development plan and all final sitethe expense of the property owner with the development plans shall be approved inDubuque County Recorder as a permanent accordance with provisions of the PUDrecord of the conditions accepted as part of District regulations of this ordinance and ofthis reclassification approval after the adoption Section 3-5.5 of the Zoning Ordinance.of this ordinance. This ordinance shall be 2) All buildings and structures shall be inbinding upon the undersigned and his/her accordance with the lot and bulk regulations ofheirs, successors and assigns. the R-1 Single Family Residential District asSection 3. The foregoing amendment has established in Section 3-1.1 of the Zoningheretofore been reviewed by the Zoning Ordinance.Advisory Commission of the City of Dubuque, C.Performance Standards.Iowa. The development and maintenance of uses inSection 4. The foregoing amendment shall this PUD District shall be established intake affect upon publication, as provided by conformance with Section 3-5.5 of the Zoninglaw. Ordinance and the following standards:Passed, approved and adopted this 4th day 1)A homeowners’ association shall beof November, 1996. created to provide maintenance for the privateTerrance M. Duggan, Mayor street, lift station and force main. A copy of theATTEST: Mary A. Davis, City Clerk covenants shall be provided to the PlanningACCEPTANCE OF ORDINANCE NO. 49- Services Department.96 2)All utilities, including telephone and cableI, Richard J. Schiltz, property owner, having television, shall be installed underground.read the terms and conditions of the foregoing 3)Parking requirements shall be a minimumOrdinance No. 49-96 and being familiar with of 2 off-street parking spaces per dwellingthe conditions thereof, hereby accept the Regular Session, November 4, 1996 same and agree to the conditions requiredRESOLUTION NO. 397-96 therein.ADOPTION OF DUBUQUE HERITAGE Dated this 5th day of November, 1996. TRAIL MASTERS PLAN By /s/ Richard J. SchiltzWhereas, the City of Dubuque has adopted F.D.R., Inc.a Comprehensive Plan and a Riverfront Plan Published officially in the Telegraph Heraldthat include goals for development of bike/hike trails; and newspaper this 14th day of November, 1996. Whereas, the City of Dubuque recognizes 1t 11/14Mary A. Davis CMC, City Clerk the recreational, transportation and economic Council Member Krieg moved final development potential of the Heritage Trail consideration and adoption of the Ordinance. project along the riverfront; and Seconded by Council Member Robbins. NOW THEREFORE, BE IT RESOLVED Carried by the following vote: Yeas—Mayor BY THE CITY COUNCIL OF THE CITY OF Duggan, Council Members Buol, Krieg, DUBUQUE, IOWA: Michalski, Nicholson, Robbins, Voetberg. That the Dubuque Heritage Trail Master Nays—None. Plan is hereby adopted. Passed, approved and adopted this 4th day Proof of publication certified to by the of November, 1996. Publisher on Notice of Hearing to consider Terrance M. Duggan, MAYOR approval of Dubuque Heritage Trail Master Plan; Long Range Planning AdvisoryAttest: Mary A. Davis, City Clerk Commission recommending approval ofCouncil Member Nicholson moved adoption Heritage Trail project with the amendment toof the Resolution. Seconded by Council complete the project in 5 years or less; NorthMember Krieg. Carried by the following vote: End Neighborhood Council, Inc. advising ofYeas—Mayor Duggan, Council Members their support of project; Petition containing 165Buol, Krieg, Michalski, Nicholson, Robbins, signatures advising of their support forVoetberg. Nays—None. Bike/Walk Path; Mr. & Mrs. R. D. McDonald objecting to portion of proposed bike path;Proof of publication certified to by the Nicholas J. Schrup III, Senior Vice PresidentPublisher on Notice of Hearing on Plans and of American Trust, objecting to portion ofSpecs. for Stafford and Ries Street Storm proposed bike path; John N. Gronen on behalfSewer Extension, presented and read. Council Member Buol moved that the proof be received of Four Mounds Foundation opposing a bike and filed. Seconded by Council Member trail along the bluff for various reasons; John Robbins. Carried by the following vote: Rolling, Raye Ann Downs, H. C. McCormick, Yeas—Mayor Duggan, Council Members Paul Wiedemann and J.P. Quinlan submitting Buol, Krieg, Michalski, Nicholson, Robbins, their comments regarding proposed trail; and Voetberg. Nays—None. City Manager recommending approval of plan as presented, presented and read. Council RESOLUTION NO. 398-96 Member Nicholson moved that the proof and RESOLUTION ADOPTING PLANS communications be received and filed. AND SPECIFICATIONS Seconded by Council Member Krieg. Carried th Whereas, on the 16 day of October, 1996, by the following vote: Yeas—Mayor Duggan, plans, specifications, form of contract and Council Members Buol, Krieg, Michalski, estimated cost were filed with the City Clerk of Nicholson, Robbins, Voetberg. Nays—None. Dubuque, Iowa for the Stafford and Ries Street Storm Sewer Extension . Gene Tully of the Bikers’ Club spoke Whereas, notice of hearing on plans, endorsing the bike trail as proposed. Pat specifications, form of contract, and estimated Meenan of Elm St. spoke of safety concerns cost was published as required by law. with the bike trail in the middle of two streets. NOW THEREFORE, BE IT RESOLVED Don Kahle of 1750 Mt. Vernon Ct. endorsed BY THE CITY COUNCIL OF THE CITY OF the trail and requested Council approval. DUBUQUE, IOWA: Bruce Timmerman spoke endorsing the That the said plans, specifications, form of proposed trail. Dave Burch of O’Neill St. spoke questioning how a bike trail would fit withincontract and estimated cost are hereby narrow Kniest St. John Gronen of the Fourapproved as the plans, specifications, form of Mounds Foundation spoke opposing thecontract and estimated cost for said present plan of the trail going through the Fourimprovements for said project. Mounds Park to Eagle Point Park. HowardPassed, adopted and approved this 4th day Higley spoke in agreement of the fundamentalof November, 1996. plan but proposed an alternate route of egressing to Eagle Point from Peru Rd. toTerrance M. Duggan, Mayor Roosevelt St. instead of going through FourAttest: Mary A. Davis, City Clerk Mounds. John Bissell of Alpine St. also spokeCouncil Member Buol moved adoption of objecting to the proposed trail from Fourthe Resolution. Seconded by Council Member Robbins. Carried by the following vote: Mounds to Eagle Point Park. Doug Cheever of Yeas—Mayor Duggan, Council Members Kelly Lane stressed that outdoor recreation is Buol, Krieg, Michalski, Nicholson, Robbins, needed by all ages and this trail should also be Voetberg. Nays—None. for pedestrians. Jerry Kieffer of 3634 Keymeer Dr., stated that direct access is needed to the Proof of publication certified to by the Heritage Trail and urged proceeding with the Publisher on Notice to Bidders of the Receipt plans. Regular Session, November 4, 1996 of Bids for project and City ManagerClerk of Dubuque, Iowa for the Construction of recommending to award contract for project,Modifications to the HVAC System at the Five presented and read. Council Member BuolFlags Center. moved that the proof and communication beWhereas, notice of hearing on plans, received and filed. Seconded by Councilspecifications, form of contract, and estimated Member Robbins. Carried by the followingcost was published as required by law. vote: Yeas—Mayor Duggan, Council MembersNOW THEREFORE, BE IT RESOLVED Buol, Krieg, Michalski, Nicholson, Robbins,BY THE CITY COUNCIL OF THE CITY OF Voetberg. Nays—None. DUBUQUE, IOWA: That the said plans, specifications, form of RESOLUTION NO. 399-96contract and estimated cost are hereby AWARDING CONTRACTapproved as the plans, specifications, form of Whereas, sealed proposals have beencontract and estimate cost of said submitted by contractors for the Stafford andimprovements for said project. Ries Street Storm Sewer Extension pursuantPassed, approved and adopted this 4th day to Resolution No. 395-96 and notice to biddersof November, 1996. published in a newspaper published in the CityTerrance M. Duggan, Mayor of Dubuque, Iowa on the 24th day of October,Attest: Mary A. Davis, City Clerk 1996.Council Member Buol moved adoption of Whereas, said sealed proposals werethe Resolution. Seconded by Council Member opened and read on the 29th day of October,Krieg. Carried by the following vote: 1996 and it has been determined that the bidYeas—Mayor Duggan, Council Members of McDermott Excavating of Dubuque, Iowa inBuol, Krieg, Michalski, Nicholson, Robbins, the amount of $51,457.43 was the lowest bidVoetberg. Nays—None. for the furnishings of all labor and materials and performing the work as provided for in theProof of publication certified to by the plans and specifications.Publisher on Notice to Bidders of receipt of NOW THEREFORE, BE IT RESOLVEDbids for project and City Manager BY THE CITY COUNCIL OF THE CITY OFrecommending to award contract, presented DUBUQUE, IOWA:and read. Council Member Buol moved that That the contract for the abovethe proof and communication be received and improvement be awarded to McDermottfiled. Seconded by Council Member Krieg. Excavating and the Manager be and is herebyCarried by the following vote: Yeas—Mayor directed to execute a contract on behalf of theDuggan, Council Members Buol, Krieg, City of Dubuque for the complete performanceMichalski, Nicholson, Robbins, Voetberg. of the work.Nays—None. BE IT FURTHER RESOLVED: That upon the signing of said contract andRESOLUTION NO. 401-96 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 Modifications bidders.to the HVAC System at the Five Flags Center Passed, approved and adopted this 4th daypursuant to Resolution No. 342-96, and notice of November, 1996.to bidders published in a newspaper published Terrance M. Duggan, Mayorin the City of Dubuque, Iowa, on the 25th of Attest: Mary A. Davis, City ClerkSeptember, 1996. Council Member Buol moved adoption ofWhereas, said sealed proposals were the Resolution. Seconded by Council Memberopened and read on the 14th day of October, Robbins. Carried by the following vote:1996, and it has been determined that the bid Yeas—Mayor Duggan, Council Membersof Climate Engineers, Inc. in the amount of Buol, Krieg, Michalski, Nicholson, Robbins,$260,000 was the lowest bid for the Voetberg. Nays—None. furnishings of all labor and materials and performing the work as provided for in the Proof of publication certified to by theplans and specifications. Publisher on Notice of Hearing on Plans andNOW, THEREFORE, BE IT RESOLVED Specifications for Five Flags Center AirBY THE CITY COUNCIL OF THE CITY OF Conditioning System Improvements,DUBUQUE, IOWA: presented and read. Council Member BuolThat the contract for the above moved that the proof and communication beimprovement be awarded to Climate received and filed. Seconded by CouncilEngineers, Inc., and the Manager be and is Member Krieg. Carried by the following vote:hereby directed to execute a contract on Yeas—Mayor Duggan, Council Membersbehalf of the City of Dubuque for the complete Buol, Krieg, Michalski, Nicholson, Robbins,performance of the work. Voetberg. Nays—None. BE IT FURTHER RESOLVED: That upon the signing of said contract and RESOLUTION NO. 400-96the approval of the contractor’s bond, the City RESOLUTION ADOPTING PLANSTreasurer is authorized and instructed to AND SPECIFICATIONSreturn the bid deposits of the unsuccessful Whereas, on the 16th day of September,bidders. 1996, plans, specifications, form of contractPassed, approved and adopted this 4th day and estimated cost were filed with the Cityof November, 1996. Regular Session, November 4, 1996 Terrance M. Duggan, MayorO Attest: Mary A. Davis, City ClerkR Council Member Buol moved adoption ofDI the Resolution. Seconded by Council MemberN Krieg. Carried by the following vote:A Yeas—Mayor Duggan, Council MembersN Buol, Krieg, Michalski, Nicholson, Robbins,CE Voetberg. Nays—None. A M Civic Center Commission requesting a ‘97E Budget Amendment to fund the Five FlagsN Theater Improvement Study in an amount notDI to exceed $12,000 and City Manager advisingN of denial and recommending request be partG of Fiscal Year 1998 Budget process,S presented and read. Council MemberU Michalski moved that the communication beB received and filed and approved the denial andSE approved recommendation for the FY'98C Budget process. Seconded by CouncilTI Member Robbins. Carried by the followingO vote: Yeas—Mayor Duggan, Council MembersN Buol, Krieg, Michalski, Nicholson, Robbins,(d) Voetberg. Nays—None. OF SE City Manager requesting approval of “OfferC to Buy Real Estate and Acceptance” for 118TI acres located at S.W. corner of Lake EleanorO Road and Highway 61-151, presented andN read. Council Member Voetberg moved that3 the communication be received and filed and2- approved request to purchase land. Seconded26 by Council Member Buol. Carried by the2 following vote: Yeas—Mayor Duggan, CouncilOF Members Buol, Krieg, Michalski, Nicholson,TH Robbins, Voetberg. Nays—None. E C City Manager submitting Policy establishingO Maximum Special Assessment over a TenDE Year Period and requesting Council approval,OF presented and read. Council MemberO Michalski moved that the communication beR received and filed and approved the policyDI recommendation. Seconded by CouncilN Member Buol. Carried by the following vote:A Yeas—Mayor Duggan, Council MembersN Buol, Krieg, Michalski, Nicholson, Robbins,C Voetberg. Nays—None. ES OF City Manager submitting ordinanceTH changes (2) regarding “Alley Parking,"E presented and read. Council MemberCI Voetberg moved that the communication beTY received and filed. Seconded by CouncilOF Member Krieg. Carried by the following vote:D Yeas—Mayor Duggan, Council MembersU Buol, Krieg, Michalski, Nicholson, Robbins,B Voetberg. Nays—None. U Q An Ordinance Amending Subsection (d) ofU Section 32-262 of the Code of OrdinancesE, prohibiting parking on designated streets orIO portions thereof by deleting the alley East ofW Main Street and adding the First to SecondA, Street Connector, presented and read. P R O HI (OFFICIAL PUBLICATION)BI ORDINANCE NO. 50-96TI ANN Regular Session, November 4, 1996 GR PAEE RT KIC NO GN ON NE DC EST IGO NR ATNOW, THEREFORE, BE IT ORDAINED EDBY THE CITY COUNCIL OF THE CITY OF STDUBUQUE, IOWA: RSection 1. That the Code of Ordinances of EEthe City of Dubuque, Iowa be amended by TSdeleting from Subsection (d) of Section 32- O262 the following: RAlley east of Main, west side, from First PStreet to Second Street OSection 2. That the Code of Ordinances of Rthe City of Dubuque, Iowa be amended by TIadding to Subsection (d) of Section 32-262 Othe following: NSFirst to Second Street Connector, east of THMain Street, west side, between First EStreet and Second Street. RPassed, approved and adopted this 4th day Eof November, 1996. OFTerrance M. Duggan, Mayor BYAttest: Mary A. Davis, City Clerk DPublished officially in the Telegraph Herald EL newspaper this 12th day of November, 1996. ET 1t 11/12Mary A. Davis CMC, City Clerk IN Council Member Voetberg moved that the G requirement that the proposed Ordinance be TH considered and voted on for passage at two E Council Meetings prior to the meeting at which AL it is to be finally passed be suspended. LE Seconded by Council Member Krieg. Carried Y by the following vote: Yeas—Mayor Duggan, E Council Members Buol, Krieg, Michalski, A Nicholson, Robbins, Voetberg. Nays—None. ST Council Member Voetberg moved final OF consideration and passage of the Ordinance. M Seconded by Council Member Michalski. AI Carried by the following vote: Yeas—Mayor N Duggan, Council Members Buol, Krieg, ST Michalski, Nicholson, Robbins, Voetberg. R Nays—None. EE T An Ordinance Amending Code of AOrdinances by adopting in lieu thereof a new NDSubsection (e) of Section 32-363 designating ASpecific Angle Parking Areas, presented and Dread. DI N(OFFICIAL PUBLICATION) GORDINANCE NO. 51-96 THAN ORDINANCE AMENDING THE CODE EOF ORDINANCES OF THE CITY OF FIDUBUQUE, IOWA, BY REPEALING RSUBSECTION (e) OF SECTION 32-263 ST RELATING TO ANGLE PARKING AND TO ADOPTING IN LIEU THEREOF A NEW SE SUBSECTION (e) OF SECTION 32-363 C DESIGNATING SPECIFIC ANGLE O PARKING AREAS ND NOW, THEREFORE, BE IT ORDAINED ST BY THE CITY COUNCIL OF THE CITY OF Regular Session, November 4, 1996 DUBUQUE, IOWA;ADOPTING IN LIEU THEREOF A NEW Section 1. That Subsection (e) of SectionSECTION 44-14 REQUIRING CONNECTION 32-263 of the Code of Ordinances of the CityTO PUBLIC SEWER; BY REPEALING of Dubuque, Iowa, relating to angle parking isSUBSECTION (a) OF SECTION 44-24 hereby repealed and the following newPROVIDING FOR SANITARY SEWER Subsection (e) of Section 32-263 adopted inCONNECTION FEES AND ADOPTING IN lieu thereof:LIEU THEREOF A NEW SUBSECTION (a) (e) Vehicles having a greater length thanOF SECTION 44-24 PROVIDING FOR twenty (20) feet overall, shall not be permittedSANITARY SEWER CONNECTION FEES; to park at an angle upon any street. VehiclesBY REPEALING SUBSECTION (c) OF shall be parked within spaces indicated andSECTION 44-51 PROVIDING FOR THE with a front wheel of the vehicle against thePERMIT, APPLICATION FORM AND FEE curb, upon the following streets designatedFOR PERMIT FOR THE CONSTRUCTION from time to time as streets where angleOF A PRIVATE DISPOSAL SYSTEM AND parking is permitted:ADOPTING IN LIEU THEREOF A NEW Second Street, from the First to SecondSUBSECTION (c) OF SECTION 44-51 Street Connector to Locust Street.PROVIDING FOR A PERMIT, First Street, from the First to Second StreetAPPLICATION FORM AND FEE FOR Connector to Main Street.PERMIT FOR THE CONSTRUCTION OF A Passed, approved and adopted this 4th dayPRIVATE DISPOSAL SYSTEM; BY of November, 1996.REPEALING SECTION 44-55 PROVIDING Terrance M. Duggan, MayorFOR THE ABANDONMENT OF PRIVATE Attest: Mary A. Davis, City ClerkON-SITE SEWAGE DISPOSAL SYSTEM Published officially in the Telegraph HeraldUPON AVAILABILITY OF PUBLIC SEWER newspaper this 12th day of November, 1996.AND ADOPTING IN LIEU THEREOF A NEW 1t 11/12Mary A. Davis CMC, City Clerk SECTION 44-55 PROVIDING FOR THE Council Member Voetberg moved that theABANDONMENT OF PRIVATE ON-SITE requirement that the proposed Ordinance beSEWAGE DISPOSAL SYSTEM UPON considered and voted on for passage at twoAVAILABILITY OF PUBLIC SEWER. Council Meetings prior to the meeting at whichNOW, THEREFORE, BE IT ORDAINED it is to be finally passed be suspended.BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seconded by Council Member Krieg. Carried Section 1. Section 44-14 of the City of by the following vote: Yeas—Mayor Duggan, Dubuque Code of Ordinances is hereby Council Members Buol, Krieg, Michalski, repealed and the following new Section 44-14 Nicholson, Robbins, Voetberg. Nays—None. adopted in lieu thereof: Council Member Voetberg moved final “Sec. 44-14. Connection to public sewer - consideration and passage of the Ordinance. Required. Seconded by Council Member Michalski. The owner of any house, building, or Carried by the following vote: Yeas—Mayor property used for human occupancy, Duggan, Council Members Buol, Krieg, employment, recreation or other purposes, Michalski, Nicholson, Robbins, Voetberg. situated within the City and abutting on any Nays—None. street, alley, right-of-way or easement in which there is now located, or may in the future be City Manager submitting Ordinance located, within two hundred feet (200') of the regarding Sewer Connection costs, presented nearest property line thereof, a public sanitary and read. Council Member Buol moved that sewer of the City, is hereby required at the the communication be received and filed. owner’s expense to connect such facilities Seconded by Council Member Nicholson. directly with the proper public sewer, in Carried by the following vote: Yeas—Mayor accordance with City standards as adopted by Duggan, Council Members Buol, Krieg, the City Manager and the provisions of Michalski, Nicholson, Robbins, Voetberg. Chapter 37 of the Code of Ordinances Nays—None. requiring the making of connections with An Ordinance Amending Code ofsanitary sewers and providing for the manner Ordinances by amending certain sections ofof making such connections.” Section 44 regarding the requirement ofSection 2. Subsection (a) of Section 44-24 connection to Public Sewer; Providing forof the City of Dubuque Code of Ordinances is Sanitary Sewer Connection Fees; Providinghereby repealed and the following new for a permit, application form and fee forsubsection (a) of Section 44-24 adopted in permit for the construction of a privatelieu thereof: disposal system; Providing for the“Sec. 44-24. Sanitary sewer connection abandonment of private on-site sewagefees. disposal system upon availability of public(a) Any person desiring to connect a sewer, presented and read. building sewer to a public sewer for property that has not previously been assessed for said sewer or the property owner has not previously (OFFICIAL PUBLICATION) paid for said sewer through development fees ORDINANCE NO. 52-96 or otherwise shall first pay a sewer connection AN ORDINANCE AMENDING THE CITY OF fee to the City, which sanitary sewer DUBUQUE CODE OF ORDINANCES BY connection fee may from time to time be REPEALING SECTION 44-14 REQUIRING established by the City Council. CONNECTION TO PUBLIC SEWER AND Regular Session, November 4, 1996 Section 3. Subsection (c) of Section 44-51Council Member Buol moved that the of the City of Dubuque Code of Ordinances isrequirement that a proposed Ordinance be hereby repealed and the following newconsidered and voted on for passage at two Subsection (c) of Section 44-51 adopted inCouncil Meetings prior to the meeting at which lieu thereof:it is to be finally passed be suspended. “Sec. 44-51. Permit required; application,Seconded by Council Member Nicholson. form and fee for permits.Carried by the following vote: Yeas—Mayor (c)The application form shall state that theDuggan, Council Members Buol, Krieg, issuance of said installation permit isMichalski, Nicholson, Robbins, Voetberg. conditioned upon the applicant complying withNays—None. Council Member Buol moved all provisions of this division and shallfinal consideration and passage of the specifically state as follows:Ordinance. Seconded by Council Member By acceptance of a permit, the propertyNicholson. Carried by the following vote: owner agrees that when a public sewer isYeas—Mayor Duggan, Council Members constructed within two hundred feet (200')Buol, Krieg, Michalski, Nicholson, Robbins, of the property line, the building sewer shallVoetberg. Nays—None. be connected to said sewer in accordance with City standards adopted by the CityCity Manager recommending approval of Manager and within three hundred sixty fiveOrdinance providing for the definition of (365) days from the date of written“Housing for Older Persons” contained in the notification by the City Manager and theHuman Relations Ordinance, presented and private on-site sewage treatment andread. Council Member Voetberg moved that disposal system abandoned in accordancethe communication be received and filed. with subsection 44-55(b) of the City CodeSeconded by Council Member Robbins. of Ordinances.Carried by the following vote: Yeas—Mayor Section 4. Section 44-55 of the City ofDuggan, Council Members Buol, Krieg, Dubuque Code of Ordinance is herebyMichalski, Nicholson, Robbins, Voetberg. repealed and the following new Section 44-55Nays—None. adopted in lieu thereof: “Sec. 44-55. Abandonment of private on-An Ordinance Amending Code of site sewage treatment and disposal systemOrdinances by enacting in lieu thereof a new upon availability of public sewer.Section 27-132(d)(2) defining “Housing for (a) When a public sewer is constructedOlder Persons," presented and read. within two hundred feet (200') of the property line, the building sewer shall be connected to(OFFICIAL PUBLICATION) said sewer in accordance with City standardsORDINANCE NO. 53-96 established by the City Manager and withinAN ORDINANCE AMENDING THE CODE three hundred sixty five (365) days from dateOF ORDINANCES OF THE CITY OF of written notification by the City Manager, andDUBUQUE, IOWA, BY DELETING SECTION the private on-site sewage treatment and27-132(d)(2) DEFINING “HOUSING FOR disposal system abandoned in accordanceOLDER PERSONS” AND ENACTING A with subsection (b) herein. However, theNEW SECTION 27-132(d)(2) DEFINING property shall not be required to connect to the“HOUSING FOR OLDER PERSONS. public sewer if construction plans for theNOW, THEREFORE, BE IT ORDAINED private on-site sewage treatment and disposalBY THE CITY COUNCIL OF THE CITY OF system are available, the system meets theDUBUQUE, IOWA: provisions of Chapter 69 of the IowaSection 1. That the Code of Ordinances of Administrative Code, and the system receivedthe City of Dubuque be amended by deleting a construction permit from the City ManagerSection 27-132(d)(2). prior to installation. If the City Manager cannotSection 2. That the Code of Ordinances of determine that the system is in compliancethe City of Dubuque be amended by adding a with Chapter 69 of the Iowa Administrativenew Section 27-132(d)(2) as follows: Code, connection shall be made to the(2) As used in this section “housing for sanitary sewer in accordance with Cityolder persons” means housing: standards established by the City Manager.a.Provided under any state or federal (b) Notwithstanding the foregoing, noprogram that the secretary determines is private on-site sewage treatment and disposalspecifically designed and operated to assist system shall be permitted to operate for moreelderly persons (as defined in the state or than fifteen (15) years, unless otherwisefederal program); or determined by the City Manager pursuant tob.Intended for, and solely occupied by, standards adopted by the City Manager. Atpersons sixty-two (62) years of age or older; or any time the City Manager determines thec.Intended and operated for occupancy by at system is no longer adequate, connection toleast one person fifty-five (55) years of age or the sanitary sewer shall be made.older per unit. In determining whether housing Passed, approved and adopted this 4th dayqualifies as housing for older persons under of November, 1996.this subsection, the commission shall develop Terrance M. Duggan, Mayorregulations which require at least the following Attest: Mary A. Davis, City Clerkfactors: Published officially in the Telegraph Herald1.That at least eighty (80) percent of the units are occupied by at least one person fifty-five newspaper this 12th day of November, 1996. (55) years of age or older per unit; and 1t 11/12Mary A. Davis CMC, City Clerk Regular Session, November 4, 1996 2. The publication of, and adherence to,Nays—None. The meeting adjourned at 9:30 policies and procedures which demonstrate anp.m. intent by the owner or manager to provide housing for persons fifty-five (55) years of ageMary A. Davis CMC or older.City Clerk Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 4th day of November, 1996.Approved , 1997 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkAdopted , 1997 Published officially in the Telegraph Herald newspaper this 12th day of November, 1996. 1t 11/12Mary A. Davis CMC, City Clerk Mayor Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council MembersCouncil Members Buol, Krieg, Michalski, Nicholson, Robbins,Attest: Voetberg. Nays—None. City Clerk City Manager requesting Council consideration be given regarding Mayor and Council Members compensation at this meeting or the meeting to be held on November 18, 1996, presented and read. Council Member Nicholson moved that an increase of 3% yearly for the next four years be enacted. MOTION DIED FOR LACK OF A SECOND. Council Member Voetberg then moved that the communication be received and filed and resolved to not increase their compensation for the next four years. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Attorney Leo McCarthy requesting a public hearing be set to approve a Partial Release of real estate mortgage and UCC-2 Financing Statements executed by FDL Foods, Inc., presented and read. Council Member Voetberg moved that the communication be received and filed and Public Hearing set for Nov. 18, 1996 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Regular Session, November 7, 1996 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Thursday, November 7, 1996. Approved , 1997 Council Met at 5:00 p.m., Public Library Board Room. Adopted , 1997 Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael C. Van Milligen, Corporation Counsel Barry A. Mayor Lindahl. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to go into Closed Session in accordance with Chapter 21.5 to discuss purchase of particular real estate. At 5:05 p.m. Council Member Voetberg moved that it be resolved to go into Closed Session in accordance with Ch. 21.5 1.(j) to discuss the purchase of particular real estate where premature disclosure could beCouncil Members reasonably expected to increase the price theAttest: governmental body would have to pay for that property. Seconded by Council Member Nicholson. Carried by the following vote:City Clerk Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 6:59 p.m. Council reconvened in Regular Session with statement that Staff had been given direction regarding purchase of property. There being no further business, Council Member Krieg moved to adjourn the meeting. Seconded by Council Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. The meeting adjourned at 7:00 p.m. Mary A. Davis CMC City Clerk Regular Session, November 18, 1996 that the claims and suits referred to the Legal DUBUQUE Staff for investigation and report. Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members CITY COUNCIL Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. OFFICIAL Corporation Counsel advising following PROCEEDINGS claim has been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Personal injury and City Council, Regular Session, November motorcycle damage of John C. Abitz, Jr., 18, 1996. presented and read. Council Member Council Met at 7:00 p.m., Public Library Voetberg moved that communication be Auditorium. received and filed. Seconded by Council Present: Mayor Duggan, Council Members Member Buol. Carried by the following vote: Buol, Krieg, Michalski, Nicholson, Robbins, Yeas—Mayor Duggan, Council Members Voetberg, City Manager Michael C. Van Buol, Krieg, Michalski, Nicholson, Robbins, Milligen, Corporation Counsel Barry A. Voetberg. Nays—None. Lindahl. Corporation Counsel recommending denial of car damage claim of Jim Milligan, presented Mayor Duggan read the call and stated this and read. Council Member Voetberg moved is the Regular Session of the City Council that the communication be received and filed and approved the denial. Seconded by Invocation was given by Victor Wickert, Council Member Buol. Carried by the Associate Pastor of Hope Evangelical Free following vote: Yeas—Mayor Duggan, Council Church. Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Sam Haas from Interstate Power Co. presented an energy rebate check to the City REFUNDS REQUESTED — Target Store, in the amount of $90,000.00. $75.00 on unexpired Cigarette License; Kopples Market in amount of $50.00 on MINUTES SUBMITTED—Cableunexpired Cigarette License, presented and Community Teleprogramming Commission ofread. Council Member Voetberg moved that 11-5; Historic Preservation Commission of 11-the refunds be approved and Finance Director 6; Human Rights Commission of 10-14;to issue proper checks. Seconded by Council Housing Commission of 10-8 & 10-31;Member Buol. Carried by the following vote: Housing Commission Trust Fund Committee Yeas—Mayor Duggan, Council Members of 10-24; Public Library Trustees of 9-26; Buol, Krieg, Michalski, Nicholson, Robbins, Transit Trustee Board of 9-12; Zoning Board Voetberg. Nays—None. of Adjustment of 10-24, presented and read. Milton Boyes requesting replacement of Council Member Voetberg moved that the tree for his property, presented and read. minutes received and filed. Seconded by Council Member Voetberg moved that the Council Member Buol. Carried by the following petition be referred to the City Manager. vote: Yeas—Mayor Duggan, Council Members Seconded by Council Member Buol. Carried Buol, Krieg, Michalski, Nicholson, Robbins, by the following vote: Yeas—Mayor Duggan, Voetberg. Nays—None. Council Members Buol, Krieg, Michalski, Proof of Publication certified to by the Nicholson, Robbins, Voetberg. Nays—None. Publisher on publishing City Council minutes of 10-21; Proof of Publication on List of Petition from Sally Krepfle containing 13 Claims paid for month ending September, signatures, requesting installation of street 1996, presented and read. Council Member light at the corner of North Main and Voetberg moved that the communication be Klingenberg Terrace or at the alleyway at 2151 received and filed. Seconded by Council North Main, presented and read. Council Member Buol. Carried by the following vote: Member Voetberg moved that the petition be Yeas—Mayor Duggan, Council Members referred to the City Manager. Seconded by Buol, Krieg, Michalski, Nicholson, Robbins, Council Member Buol. Carried by the Voetberg. Nays—None. following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, NOTICES OF CLAIMS/SUITS — Dana Robbins, Voetberg. Nays—None. Coffin in amount of $233.75 for vehicle David Jacobs, Director of HUD, advising of damages; Eugene A. Gartner in amount of the selection of the City for a grant award for $455.70 for property damages; Gary J. “Lead-Based Paint Hazard Control in Housing” Rambousek in unknown amount for paint in the amount of $3,690,619.00, presented damages to vehicle; Richardson Motors in theand read. Council Member Michalski moved amount of $2,422.00 for property damages;that the communication be received and filed. Attorney Joseph Bitter on behalf of LoriSeconded by Council Member Buol. Carried Schultz in the sum of $100,000.00 and allby the following vote: Yeas—Mayor Duggan, attorney’s fees for various reasons, presentedCouncil Members Buol, Krieg, Michalski, and read. Council Member Voetberg movedNicholson, Robbins, Voetberg. Nays—None. Regular Session, November 18, 1996 Resolution No. 402-96 and being familiar with the conditions thereof, hereby accept this Zoning Advisory Commission advising ofsame and agree to the conditions required their approval of final plat located at 1008therein. Century Circle to subdivide existing parcel toDated in Dubuque, Iowa this 22nd day of create 3 lots, one without frontage and twoNovember, 1996. with 25 feet of frontage, presented and read.By /s/ Donna J. Beidler Council Member Voetberg moved that theCouncil Member Voetberg moved adoption communication be received and filed.of the Resolution. Seconded by Council Seconded by Council Member Buol. CarriedMember Buol. Carried by the following vote: by the following vote: Yeas—Mayor Duggan,Yeas—Mayor Duggan, Council Members Council Members Buol, Krieg, Michalski,Buol, Krieg, Michalski, Nicholson, Robbins, Nicholson, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. RESOLUTION NO. 402-96Zoning Advisory Commission advising of A RESOLUTION APPROVING THE FINALtheir approval of final plat for property located PLAT OF LOTS 1, 2 AND 3 OF BEIDLERSouth of Nightengale Lane in Dubuque PLACE (LOT 2-2-1 AND LOT 2-2-1-2-1-1 OFCounty, presented and read. Council Member CLIN-QUE), IN THE CITY OF DUBUQUE,Voetberg moved that the communication be IOWA.received and filed. Seconded by Council Whereas, there has been filed with the CityMember Buol. Carried by the following vote: Clerk a final plat of Beidler Place (Lot 2-2-1Yeas—Mayor Duggan, Council Members and Lot 2-2-1-2-1-1 of Clin-Que), in the City ofBuol, Krieg, Michalski, Nicholson, Robbins, Dubuque, Iowa; and;Voetberg. Nays—None. Whereas, said plat dedicates Easement "A" to the City of Dubuque as an accessRESOLUTION NO. 403-96 easement for a turnaround for Century Circle;A RESOLUTION APPROVING THE PLAT andOF SURVEY LOT 1, LOT 2 AND LOT A Whereas, said plat provides 25 feet ofCEDAR RIDGE ACRES NO. 2, IN THE CITY frontage on Lots 1 and 3, and no frontage onOF DUBUQUE, IOWA. Lot 2, where 60 feet of frontage is required byWhereas, there has been filed with the City Section 3-1.1 (F) of the Zoning Ordinance;Clerk a Plat of Survey Lot 1, Lot 2 and Lot A andCedar Ridge Acres No. 2, in the City of Whereas, said plat has been examined byDubuque, Iowa; and the Zoning Advisory Commission and had itsWhereas, the survey plat has been approval endorsed thereon; andreviewed and approved by the Zoning Advisory Whereas, said final plat has beenCommission, waiving Article IV, Design and examined by the City Council and they findImprovement Standards of the Subdivision that it conforms to the statutes and ordinancesRegulations, except for Section 42-19, Lots relating to it, except as noted above and thatand Blocks; and no streets or public utilities have yet beenWhereas, said survey plat has been constructed or installed.examined by the City Council and they find NOW THEREFORE, BE IT RESOLVEDthat it conforms to the statutes and ordinances BY THE CITY COUNCIL OF THE CITY OFrelating to it; and DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED Section 1. That the dedication of EasementBY THE CITY COUNCIL OF THE CITY OF "A" as an access easement for a turnaroundDUBUQUE, IOWA: for Century Circle as it appears upon said finalSection 1. That the Plat of Survey Lot 1, plat be and the same are hereby accepted;Lot 2 and Lot A Cedar Ridge Acres No. 2, in andDubuque County, Iowa, is hereby approved Section 2. That Section 3-1.1 (F) of theand the Mayor and City Clerk are hereby Zoning Ordinance is waived to allow Lots 1authorized and directed to endorse the and 3 of Beidler Place to have 25 feet ofapproval of the City of Dubuque upon said frontage and allow Lot 2 to have no frontage,plat. where 60 feet of frontage is required; andSection 2. That the City Council hereby Section 3. That the Final Plat of Beidlerwaives Article IV of the Subdivision Place, in the City of Dubuque is herebyRegulations, except for Section 42-19. approved and the Mayor and City Clerk areSection 3. That in the event the owner hereby authorized and directed to endorse theshall fail to the acceptance within 180 days approval of the City of Dubuque, Iowa, uponafter the date of this resolution, the provisions said final plat, provided the owner of saidhereof shall be null and void and the property herein named, execute their writtenacceptance and approval of the plat shall not acceptance.be effective. Passed, approved and adopted this 18thPassed, approved and adopted this 18th day of November, 1996.day of November, 1996. Terrance M. Duggan, MayorTerrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkAttest: Mary A. Davis, City Clerk ACCEPTANCE OFACCEPTANCE OF RESOLUTION NO. 402-96RESOLUTION NO. 403-96 I, the undersigned, Donna Beidler, havingWe, the undersigned, Patrick A. & Patricia read the terms and conditions of theKennedy, having read the terms and Regular Session, November 18, 1996 conditions of the Resolution No. 403-96 andBY THE CITY COUNCIL OF THE CITY OF being familiar with the conditions thereof,DUBUQUE, IOWA: hereby accept this same and agree to theSection 1. That Section 3-1.1(F) of the conditions required therein.Zoning Ordinance is waived to allow Lot 2 of Dated in Dubuque, Iowa, this 19th day ofLevi's 2nd Addition to have 3,813 square feet November, 1996.of area and Lot 3 to have 5,329 square feet of By: /s/ Patrick A. Kennedyarea, where 6,000 square feet is required. By: /s/ Patricia KennedySection 2. That Lot A of Levi's 2nd Addition Council Member Voetberg moved adoptionin the City of Dubuque is hereby accepted for of the Resolution. Seconded by Councilright-of-way purposes for Valley Street. Member Buol. Carried by the following vote:Section 3.That the Survey Plat of Lots 1, 2, Yeas—Mayor Duggan, Council Members3 and A of Levi's 2nd Addition, being a Buol, Krieg, Michalski, Nicholson, Robbins,subdivision of Lot 2 of 26, Lot 2 of 1 of 26, and Voetberg. Nays—None. Lot 27 in Levi's Addition, and Lot 16 of 1 of Randall's Subdivision and the vacated alley Zoning Advisory Commission advising oflying between Levi's Addition and Randall's their approval of final plat for property locatedSubdivision from Valley Street easterly to the at 97 and 145 Valley Street to allow replat of 3westerly property line of Lot 2 of 25 of Levi's lots, two of which will have less than 6.000Addition extended southerly, all in the City of square feet in area, and split off a portion to beDubuque, Iowa, is hereby approved and the dedicated to the City as new right-of-way,Mayor and City Clerk are hereby authorized presented and read. Council Memberand directed to endorse the approval of the Voetberg moved that the communication beCity of Dubuque, Iowa, upon said final plat. received and filed. Seconded by CouncilSection 4. That in the event the owners Member Buol. Carried by the following vote:shall fail to execute the acceptance within 45 Yeas—Mayor Duggan, Council Membersdays after the date of this resolution, the Buol, Krieg, Michalski, Nicholson, Robbins,provisions hereof shall be null and void and Voetberg. Nays—None. the acceptance and approval of the plat shall not be effective. RESOLUTION NO. 404-96Passed, approved and adopted this 18th A RESOLUTION APPROVING THEday of November, 1996. SURVEY PLAT OF LOTS 1, 2, 3 AND A OFTerrance M. Duggan, Mayor LEVI'S SECOND ADDITION, BEING AAttest: Mary A. Davis, City Clerk SUBDIVISION OF LOT 2 OF 26, LOT 2 OFACCEPTANCE OF 1 OF 26, AND LOT 27 IN LEVI'S ADDITIONRESOLUTION NO. 404-96 AND LOT 16 OF 1 OF RANDALL'SI, the undersigned, Mary A. Miller, Larry SUBDIVISION AND THE VACATED ALLEYLyons and Debra Lyons, having read the LYING BETWEEN LEVI'S ADDITION ANDterms and conditions of the Resolution No. RANDALL'S SUBDIVISION FROM VALLEY404-96 and being familiar with the conditions STREET EASTERLY TO THE WESTERLYthereof, hereby accept this same and agree to PROPERTY LINE OF LOT 2 OF 25 OFthe conditions required therein. LEVI'S ADDITION EXTENDEDDated in Dubuque, Iowa this 20th day of SOUTHERLY, ALL IN THE CITY OFNovember, 1996. DUBUQUE, IOWA.By /s/ Mary A. Miller Whereas, there has been filed with the CityBy /s/ Larry Lyons Clerk a Survey Plat of Lots 1, 2, 3 and A ofBy /s/ Debra Lyons Levi's 2nd Addition, being a subdivision of Lot Council Member Voetberg moved adoption 2 of 26, Lot 2 of 1 of 26, and Lot 27 in Levi'sof the Resolution. Seconded by Council Addition, and Lot 16 of 1 of Randall'sMember Buol. Carried by the following vote: Subdivision and the vacated alley lyingYeas—Mayor Duggan, Council Members between Levi's Addition and Randall'sBuol, Krieg, Michalski, Nicholson, Robbins, Subdivision from Valley Street easterly to theVoetberg. Nays—None. westerly property line of Lot 2 of 25 of Levi's Addition extended southerly, all in the City ofCity Manager recommending approval of Dubuque, Iowa; andSupplement #31 to the City Code of Whereas, said plat provides only 3,813Ordinances, presented and read. Seconded square feet of area for Lot 2 and 5,329 squareby Council Member Buol. Carried by the feet for Lot 3, where 6,000 square feet isfollowing vote: Yeas—Mayor Duggan, Council required by Section 3-1.1(F) of the ZoningMembers Buol, Krieg, Michalski, Nicholson, Ordinance; andRobbins, Voetberg. Nays—None. Whereas, said plat will be dedicating Lot A to the City for right-of-way purposes on ValleyRESOLUTION NO. 405-96 Street; andADOPTING SUPPLEMENT NO. 31 TO THE Whereas, said plat has been examined byCODE OF ORDINANCES OF THE CITY OF the Zoning Advisory Commission and has itsDUBUQUE, IOWA approval endorsed thereon; andWhereas, under date of July 17, 1989, the Whereas, said final plat has beenCity Council, pursuant to Ordinance No. 34- examined by the City Council and they find89, readopted the Code of Ordinances of the that it conforms to the statutes and ordinancesCity of Dubuque, Iowa for ordinances adopted relating thereto.up to and including December 19, 1988; and NOW THEREFORE, BE IT RESOLVEDWhereas, since December 19, 1988 the Regular Session, November 18, 1996 City Council of the City of Dubuque, Iowa hasproject to construct 64 rental units, located at adopted certain ordinances amending the2600 Carter Road in the City of Dubuque; and Code of Ordinances and said amendmentsWhereas, indication of City support for the have been printed as supplements to the Coderequested federal assistance is favorable to of Ordinances; andthe Iowa Finance Authority’s consideration of Whereas, Section 380.8 of the Code ofthe application. Ordinances provides that supplements, byNOW, THEREFORE, BE IT RESOLVED resolution, become part of the Code of Ordi-BY THE CITY COUNCIL OF DUBUQUE, nances.IOWA: NOW THEREFORE, BE IT RESOLVEDSection 1. The City of Dubuque endorses BY THE CITY COUNCIL OF THE CITY OFand supports Renaissance Development’s DUBUQUE, IOWA:application for tax credits to the Iowa Finance Section 1. That Supplement No. 31 of theAuthority, for the intended project located at Code of Ordinances of the City of Dubuque,Carter Road. Iowa, covering Ordinances through OrdinanceSection 2. The City Manage is hereby No. 43-96 enacted through September 3,authorized and directed to forward this resolu- 1996 and prepared by the Sterling Codifers,tion to the Finance Authority. Inc., Weiser, ID hereto filed in the Office ofPassed, approved and adopted this 18th the City Clerk of the City of Dubuque, Iowa beday of November, 1996. and is hereby adopted and becomes part ofTerrance M. Duggan, Mayor the Code of Ordinances of the City of Du-Attest: Mary A. Davis, City Clerk buque, Iowa.Council Member Voetberg moved adoption Passed, approved and adopted this 18thof the Resolution. Seconded by Council Mem- day of November, 1996.ber Buol. Carried by the following vote: Terrance M. Duggan, MayorYeas—Mayor Duggan, Council Members Attest: Mary A. Davis, City ClerkBuol, Krieg, Michalski, Nicholson, Robbins, Council Member Voetberg moved adoptionVoetberg. Nays—None. of the Resolution. Seconded by Council Mem- ber Buol. Carried by the following vote:City Manager recommending acceptance of Yeas—Mayor Duggan, Council Membersimprovements for Renaissance Oaks, pre- Buol, Krieg, Michalski, Nicholson, Robbins,sented and read. Council Member Voetberg Voetberg. Nays—None. moved that the communication be received and filed. Seconded by Council Member Buol. City Manager recommending acceptance ofCarried by the following vote: Yeas—Mayor Neighborhood Support Grant Approvals,Duggan, Council Members Buol, Krieg, Mic- presented and read. Council Member Voet-halski, Nicholson, Robbins, Voetberg. Nays- berg moved that the communication be re-—None. ceived and filed and acceptance approved. Seconded by Council Member Buol. CarriedRESOLUTION NO. 407-96 by the following vote: Yeas—Mayor Duggan,ACCEPTING IMPROVEMENTS IN Council Members Buol, Krieg, Michalski,RENAISSANCE OAKS Nicholson, Robbins, Voetberg. Nays—None.Whereas, pursuant to Resolution No. 88- 93 certain improvements including street Steven Boge requesting endorsement forpaving, storm sewers, sanitary sewers and funding of Phase I Alpine Heights Seniorwatermain and street lighting were installed by Apartments (located on Carter Road) and Citythe developer of Renaissance Oaks; and Manager recommending approval of affordableWhereas, the improvements have been Housing Tax Credit (LIHTC) Program Appli-completed and the City Manager has exam- cation for project, presented and read. Councilined the work and has filed a certificate stating Member Voetberg moved that the communica-that the same has been completed in accor- tions be received and filed. Seconded bydance with the plans approved by the City Council Member Buol. Carried by the follow-Council and in conformance with City specifi- ing vote: Yeas—Mayor Duggan, Councilcations, and has recommended that the im- Members Buol, Krieg, Michalski, Nicholson,provements be accepted by the City Council. Robbins, Voetberg. Nays—None. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 406-96DUBUQUE, IOWA: RESOLUTION AUTHORIZING THE CITYSection 1. That the recommendation of the COUNCIL TO SUPPORT RENAISSANCECity Manager be approved and that said im- DEVELOPMENT’S APPLICATION FORprovements in Renaissance Oaks be and the FEDERAL ASSISTANCE FOR A RENTALsame is hereby accepted. HOUSING DEVELOPMENT ON CARTERSection 2. That maintenance of said im- ROADprovements shall be the responsibility of the Whereas, the federal government, throughcontractor and the owner for a period of two Section 42 of the Internal Revenue Code,year’s from this date. offers incentives for construction of affordablePassed, approved and adopted this 18th rental housing which is made available to low-day of November, 1996. and moderate-income households; andTerrance M. Duggan, Mayor Whereas, Renaissance Development hasAttest: Mary A. Davis, City Clerk submitted an application for low income hous-Council Member Voetberg moved adoption ing tax credits in connection with a proposedof the Resolution. Seconded by Council Mem- Regular Session, November 18, 1996 ber Buol. Carried by the following vote:ber Buol. Carried by the following vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Voetberg. Nays—None. City Manager recommending acceptance ofCity Manager recommending approval of Hamilton Street Sanitary Sewer Reconstruc-Flood Disaster Relief Grantee Performance tion project, presented and read. CouncilReport, presented and read. Council Member Member Voetberg moved that the communica-Voetberg moved that the communication be tion be received and filed. Seconded by Coun-received and filed. Seconded by Council cil Member Buol. Carried by the followingMember Buol. Carried by the following vote: vote: Yeas—Mayor Duggan, Council MembersYeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Voetberg. Nays—None. RESOLUTION NO. 408-96RESOLUTION NO. 410-96 ACCEPTING IMPROVEMENTRESOLUTION AUTHORIZING THE SUB- Whereas, the contract for the HamiltonMISSION OF A FLOOD DISASTER RELIEF Street Sanitary Sewer Reconstruction hasGRANTEE PERFORMANCE REPORT FOR been completed and the City Manager hasTHE PERIOD COMMENCING AUGUST 19, examined the work and filed his certificate1995 AND CONCLUDING AUGUST 19, stating that the same has been completed1996. according to the terms of the contract, plansWhereas, the City of Dubuque, Iowa, is a and specifications and recommends it accep-flood disaster relief grant recipient under the tance.Community Development Block Grant (CDBG) NOW THEREFORE, BE IT RESOLVEDProgram of the U.S. Department of Housing BY THE CITY COUNCIL OF THE CITY OFand Urban Development (HUD); and DUBUQUE, IOWA:Whereas, the CDBG regulations require Section 1. That the recommendation of thethat after the completion of a program year, City Manager be approved and that said im-each entitlement recipient must submit a provement be and the same is hereby ac-performance and evaluation report, Grantee cepted.Performance Report (GPR); and BE IT FURTHER RESOLVED that the CityWhereas, the City has: 1) prepared a GPR Treasurer be and he is hereby directed to payfor the program year commencing August 19, to the contractor from Sanitary Sewer Con-1995 and concluding August 19, 1996; 2) struction Funds in amount equal to the amountpublished notice of availability of the GPR in of his contract, less any retained percentagethe Telegraph Herald on October 24, 1996; 3) provided for therein.made copies of the GPR available for public Passed, approved and adopted this 18threview at the Public Library, Community and day of November, 1996.Economic Development Department and Terrance M. Duggan, MayorHousing Services Department; and, 4) held a Attest: Mary A. Davis, City Clerkpublic hearing pursuant to published notice Council Member Voetberg moved adoptionbefore the Community Development Advisory of the Resolution. Seconded by Council Mem-Commission on November 13, 1996; and ber Buol. Carried by the following vote:Whereas, the Community Development Yeas—Mayor Duggan, Council MembersAdvisory Commission has voted to approve Buol, Krieg, Michalski, Nicholson, Robbins,the GPR and to recommend City Council Voetberg. Nays—None. approval. NOW, THEREFORE, BE IT RESOLVED RESOLUTION NO. 409-96BY THE CITY COUNCIL OF THE CITY OF FINAL ESTIMATEDUBUQUE, IOWA: Whereas, the contract for the Hamilton StreetSection 1. That the Flood Disaster Relief Sanitary Sewer Reconstruction has beenGrantee Performance Report for the period completed and the City Engineer has submit-commencing August 19, 1995 and concluding ted his final estimate showing the cost thereofAugust 19,1996, a copy of which is attached, including the cost of estimates, notices andis hereby approved for submission. inspection and all miscellaneous costs;Section 2. That the Mayor of the City of NOW THEREFORE, BE IT RESOLVEDDubuque is hereby authorized and directed to BY THE CITY COUNCIL OF THE CITY OFexecute the Grantee Performance Report on DUBUQUE, IOWA:behalf of the City of Dubuque, Iowa. Section 1. That the cost of said improve-Section 3. That the City Manager is hereby ment is hereby determined to be $40,695.76authorized and directed to submit the Grantee and the said amount shall be paid from thePerformance Report to the U.S. Department of Sanitary Sewer Construction Fund of the CityHousing and Urban Development. of Dubuque, Iowa.Passed, approved and adopted this 18th Passed, approved and adopted this 18thday of November, 1996. day of November, 1996.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved adoption Council Member Voetberg moved adoptionof the Resolution. Seconded by Council Mem- of the Resolution. Seconded by Council Mem-ber Buol. Carried by the following vote: Regular Session, November 18, 1996 Yeas—Mayor Duggan, Council Membersday of November, 1996. Buol, Krieg, Michalski, Nicholson, Robbins,Terrance M. Duggan, Mayor Voetberg. Nays—None. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption City Manager recommending acceptance ofof the Resolution. Seconded by Council Mem- Julien Dubuque Drive Sanitary Sewer Exten-ber Buol. Carried by the following vote: sion project, presented and read. CouncilYeas—Mayor Duggan, Council Members Member Voetberg moved that the communica-Buol, Krieg, Michalski, Nicholson, Robbins, tion be received and filed. Seconded by Coun-Voetberg. Nays—None. cil Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Mem-RESOLUTION NO. 413-96 bers Buol, Krieg, Michalski, Nicholson, Rob-A RESOLUTION ADOPTING THE FINAL bins, Voetberg. Nays—None.ASSESSMENT SCHEDULE FOR JULIEN DUBUQUE DRIVE SANITARY SEWER RESOLUTION NO. 411-96EXTENSION INCLUDING CERTAIN INFOR- ACCEPTING IMPROVEMENTMATION REQUIRED BY THE CODE OF Whereas, the contract for the Julien Du-IOWA, SPECIFICALLY, THE NUMBER OF buque Drive Sanitary Sewer Extension hasANNUAL INSTALLMENTS INTO WHICH been completed and the City Manager hasASSESSMENTS ARE DIVIDED, THE IN- examined the work and filed his certificateTEREST ON ALL UNPAID IN- stating that the same has been completedSTALLMENTS, THE TIME WHEN THE according to the terms of the contract, plansASSESSMENTS ARE PAYABLE AND and specifications and recommends it accep-DIRECTING THE CLERK TO CERTIFY THE tance.FINAL SCHEDULE AND TO PUBLISH NO- NOW THEREFORE, BE IT RESOLVEDTICE THEREOF. BY THE CITY COUNCIL OF THE CITY OFNOW THEREFORE, BE IT RESOLVED DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of theDUBUQUE, IOWA: City Manager be approved and that said im-That after full consideration of the final provement be and the same is hereby ac-schedule of assessments and accompanying cepted.plat showing the assessments proposed to be BE IT FURTHER RESOLVED that the Citymade for the construction of the Julien Du- Treasurer be and he is hereby directed to paybuque Drive Sanitary Sewer Extension under to the contractor from the Sanitary Sewercontract with Northwestern Development of Construction Fund and special assessmentEast Dubuque, Illinois, which final plat and bonds in amount equal to the amount of hisschedule were filed in the office of the City contract, less any retained percentage pro-Clerk on the 12th day of November, 1996, the vided for therein.said schedule of assessments be and the Passed, approved and adopted this 18thsame is hereby approved and adopted. day of November, 1996.That there be, and is hereby assessed and Terrance M. Duggan, Mayorlevied as a special tax against and upon each Attest: Mary A. Davis, City Clerkof the lots, the respective sums indicated. Council Member Voetberg moved adoptionProvided, further, that the amounts shown in of the Resolution. Seconded by Council Mem-said final schedule of assessments as defi- ber Buol. Carried by the following vote:ciencies are found to be proper and levied Yeas—Mayor Duggan, Council Membersconditionally against the respective properties Buol, Krieg, Michalski, Nicholson, Robbins,benefitted by the improvements as shown in Voetberg. Nays—None. the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said RESOLUTION NO. 412-96assessments against said lots are hereby FINAL ESTIMATEdeclared to be in proportion to the special Whereas, the contract for the Julien Du-benefits conferred and not in excess of buque Drive Sanitary Sewer Extension hastwenty-five percent of the value of same. been completed and the City Engineer hasThat the City Clerk be and is hereby di- submitted his final estimate showing the costrected to certify said schedule to the County thereof including the cost of estimates, noticesTreasurer of Dubuque County, Iowa, and to and inspection and all miscellaneous costs;publish notice of said certification once each NOW THEREFORE, BE IT RESOLVEDweek for two consecutive weeks in the manner BY THE CITY COUNCIL OF THE CITY OFprovided in Section 362.3, the first publication DUBUQUE, IOWA:of which shall be not more than fifteen days Section 1. That the cost of said improve-from the date of filing of the final schedule. On ment is hereby determined to be $137,883.80or before the date of the second publication of and the said amount shall be paid from thethe notice, the City Clerk shall also mail a copy Sanitary Sewer Construction Fund and specialof said notice to property owners whose prop- assessment bonds of the City of Dubuque,erty is subject to assessment, as provided and Iowa.directed in Section 384.60 of the Code of Section 2. That $60,620.41 of the costIowa. thereof shall be assessable upon privateThat assessments may be paid in full or in property and $77,263.39 shall be paid frompart without interest at the office of the County Sanitary Sewer Construction Fund.Treasurer, at any time within 30 days after the Passed, approved and adopted this 18thdate of the first publication of this notice of the Regular Session, November 18, 1996 filing of the final schedule of assessmentsVoetberg. Nays—None. with the County Treasurer. After 30 days unpaid assessments of $50.00 or more areCity Manager recommending approval of payable in 10 annual installments and willagreement with IDOT relating to construction draw annual interest at 9 percent (commenc-on NW Arterial, presented and read. Council ing on the date of acceptance of the work)Member Voetberg moved that the communica- computed to the December 1 next followingtion be received and filed. Seconded by Coun- the due dates of the respective installments ascil Member Buol. Carried by the following provided in Section 384.65 of the Code ofvote: Yeas—Mayor Duggan, Council Members Iowa. Each installment will be delinquent fromBuol, Krieg, Michalski, Nicholson, Robbins, October 1 following its due date on July 1 ofVoetberg. Nays—None. each year. Property owners may elect to pay any annual installments semiannually in ad-RESOLUTION NO. 414-96 vance.RESOLUTION APPROVING COOPERA- Passed, approved and adopted this 18thTIVE AGREEMENT WITH THE IOWA DE- day of November, 1996.PARTMENT OF TRANSPORTATION RE- Terrance M. Duggan, MayorLATING TO THE CONSTRUCTION OF THE Attest: Mary A. Davis, City ClerkTWO SOUTHBOUND LANES OF THE CITY OF DUBUQUE, IOWANORTHWEST ARTERIAL FROM U.S. 20 SCHEDULE OF VALUATIONTO JOHN F. KENNEDY ROAD AND PROPOSED FINAL ASSESSMENTSWhereas, the Iowa Department of Trans- The following schedule is hereby deter-portation is proposing to construct the two mined to show each lot proposed to be as-southbound lanes on the Northwest Arterial sessed for the improvement shown in the titlefrom U.S. 20 to John F. Kennedy Road in together with the amount proposed to becalendar year 1997; and assessed against each lot and the valuationsWhereas, Agreement No. 96-16-106 and shown opposite each lot are hereby fixed as96-A-179 with the Iowa Department of Trans- the true valuations of such lots by the Cityportation were previously approved by the City Council of the City of Dubuque.Council; and OWNERLOT DESCRIPTIONWhereas, the Iowa Department of Trans- GROSS ASSESS.TOTAL NET ASSESS.portation has proposed an amendment to said MINERAL LOT 2agreements, outlining in detail the work which Haverland, Wayne & Joyce S. 1/2 - 1-1-2-2will be incorporated into the project; and $2,813.20$2,813.20Whereas, the City Council of the City of McDonald, Wm. & DiannN. 1/2 - 1-1-2-2Dubuque approves the terms and conditions $2,813.20$2.813.20of said Cooperative Agreement. Millard, Jane A.S. 75' - 2-1-2-2NOW, THEREFORE, BE IT RESOLVED $2,813.20$2,813.20BY THE CITY COUNCIL OF THE CITY OF Bromberg, Barry & ConnieN. 75' - 2-1-2-2DUBUQUE, IOWA: $2,813.20$2,813.20Section 1. That Iowa Department of Trans- Deich, Arnold & LoisLot 1-2-2-2 (S 150'portation Agreement #96-3-216 consisting of only)$5,626.41$5,626.41a Cooperative Agreement with the Iowa De- Berna, Jerry & BeverlyN 234' -1-2 partment of Transportation for the construction (S 150' only)$5,626.41$5,626.41of the two southbound lanes of the Northwest MINERAL LOT 14Arterial from U.S. 20 to John F. Kennedy Heitz, Loras & BlancheLot 1Road be approved. $3,750.94$3,750.94Section 2. That the Mayor be authorized Stickney, Douglas & Kimberlyand directed to execute three copies of the Lot 1-2-1-2$3,750.94$3,750.94Cooperative Agreement and forward the exe- Brock, James & JaniceLot 2-1-1-1-2 cuted copies to the Iowa Department of Trans- (S150' only)$5,626.41$5,626.41portation. Weigman, Jeff G.Lot 2-2Passed, approved and adopted this 18th $3,952.36$3,952.36day of November, 1996. Kempthorne, Thornton G.Lot 1-2-2-1-1-2 &Terrance M. Duggan, Mayor Lot 2-2-2-1-1-2$5,148.92$5,148.92Attest: Mary A. Davis, City Clerk MINERAL LOT 13Council Member Voetberg moved adoption Pluemer, Constance & Jerome Wagner of the Resolution. Seconded by Council Mem- Lot 2-2-2$3,319.58$3,319.58ber Buol. Carried by the following vote: Spitznas, Wm. & GaynellLot 1-2-2Yeas—Mayor Duggan, Council Members $3,750.94$3,750.94Buol, Krieg, Michalski, Nicholson, Robbins, Lepsch, John Jr. & NancyLot 2-1-2Voetberg. Nays—None. $3,750.94$3,750.94 Schultz, Steve & RoseLot 2-1-1-2Iowa Department of Economic Develop- $2,531.88$2,531.88ment advising that Project File #91-PRO-03 Lenstra, Michael & LauriLot 1-1-1-2for W.C. Brown (Westmark Enterprises) has $2,531.88$2,531.88been closed and loan is forgiven, presented Council Member Voetberg moved adoptionand read. Council Member Voetberg moved of the Resolution. Seconded by Council Mem-that the communication be received and filed. ber Buol. Carried by the following vote:Seconded by Council Member Buol. Carried Yeas—Mayor Duggan, Council Membersby the following vote: Yeas—Mayor Duggan, Buol, Krieg, Michalski, Nicholson, Robbins,Council Members Buol, Krieg, Michalski, Regular Session, November 18, 1996 Nicholson, Robbins, Voetberg. Nays—None.tion be received and filed. Seconded by Coun- cil Member Buol. Carried by the following City Manager recommending approval ofvote: Yeas—Mayor Duggan, Council Members Westmark Development release from landBuol, Krieg, Michalski, Nicholson, Robbins, sale agreement, presented and read. CouncilVoetberg. Nays—None. Member Voetberg moved that the communica- tion be received and filed. Seconded by Coun-RESOLUTION NO. 416-96 cil Member Buol. Carried by the followingNOW, THEREFORE, BE IT RESOLVED vote: Yeas—Mayor Duggan, Council MembersBY THE CITY COUNCIL OF THE CITY OF Buol, Krieg, Michalski, Nicholson, Robbins,DUBUQUE, IOWA: Voetberg. Nays—None. That the following having complied with the provisions of law relating to the sale RESOLUTION NO. 415-96of Cigarettes within the City of Dubuque, Iowa, RESOLUTION RELEASING LOT 2, WEST-be granted a permit to sell Cigarettes and MARK NO. 2 FROM THE LAND SALECigarette Papers within said City. AGREEMENT REQUIREMENTS FORSimple Pleasure’sAlan G. Bly WESTMARK CORPORATE CENTER1105 University Ave Whereas, on August 5, 1991, the City ofPassed, approved and adopted this 18th Dubuque (“City”) entered into an agreementday of November, 1996. for the sale of land for private developmentTerrance M. Duggan, Mayor with WCB Development Corporation (“WCB”)Attest: Mary A. Davis, City Clerk for Lot 2 of Lot 1 of Lot 2, A.C. Pfohl Place,Council Member Voetberg moved adoption City of Dubuque, Dubuque County, Iowa,of the Resolution. Seconded by Council Mem- exclusive of the easterly 100 feet thereof and;ber Buol. Carried by the following vote: Whereas, pursuant to the terms of theYeas—Mayor Duggan, Council Members agreement the property was subsequentlyBuol, Krieg, Michalski, Nicholson, Robbins, conveyed by the City to WCB who subdividedVoetberg. Nays—None. the property and constructed thereon certain improvements; andRESOLUTION NO. 417-96 Whereas, WCB has requested that Lot 2,Whereas, applications for Beer Permits Westmark No. 2 which is a portion of thehave been submitted and filed to this Council property conveyed pursuant to the agreementfor approval and the same have been exam- be released from the requirements of theined and approved; and agreement so as to facilitate conveyance toWhereas, the premises to be occupied by another party; andsuch applicants were inspected and found to Whereas, it has been determined that thecomply with the Ordinances of this City and required improvements have been satisfacto-have filed proper bonds. rily completed.NOW, THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA: DUBUQUE, IOWA:That the Manager be authorized to cause to Section 1. That Lot 2, Westmark No. 2 isbe issued the following named applicants a hereby released from the requirements setBeer Permit. forth in the Land Sale Agreement between theClass “C” Beer Permit City of Dubuque and WCB Corporation pro-TFM Co.Oky Doky #6 vided, however, that the provisions of Section +(Sunday Sales)1256 Iowa St. 7. RESTRICTIONS ON USE of said agree-Rainbo Oil Com.Kwik Stop Food Mart ment shall continue to be binding upon the+(Sunday Sale)2297 University Ave. developer and all successors and assigns asPassed, approved and adopted this 18th proved in Section 8,. COVENANTS; BIND-day of November, 1996. ING UPON SUCCESSORS IN INTEREST;Terrance M. Duggan, Mayor PERIOD OF DURATION.Attest: Mary A Davis, City Clerk Section 2. That the City Clerks is herebyCouncil Member Voetberg moved adoption authorized and directed to file a copy of thisof the Resolution. Seconded by Council Mem- resolution in the office of County Recorder inber Buol. Carried by the following vote: and for Dubuque County, Iowa.Yeas—Mayor Duggan, Council Members Passed, approved and adapted this 18thBuol, Krieg, Michalski, Nicholson, Robbins, day of November, 1996.Voetberg. Nays—None. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkRESOLUTION NO. 418-96 Council Member Voetberg moved adoptionWhereas, applications for Liquor Licenses of the Resolution. Seconded by Council Mem-have been submitted to this Council for ber Buol. Carried by the following vote:approval and the same have been examined Yeas—Mayor Duggan, Council Membersand approved; and Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, the premises to be occupied by Voetberg. Nays—None. such applicants were inspected and found to comply with the State Laws and all City Ordi- City Manager recommending changes tonances relevant thereto and they have filed legislative issues regarding Land Sales Taxproper bonds. Reimbursement, presented and read. CouncilNOW, THEREFORE, BE IT RESOLVED Member Voetberg moved that the communica-BY THE CITY COUNCIL OF THE CITY OF Regular Session, November 18, 1996 DUBUQUE, IOWA:Nicholson, Robbins, Voetberg. Nays—None. That the Manager be authorized to cause to be issued the following named applicantsProof of publication certified to by the a Liquor License.Publisher on Notice of Public Hearing to CLASS “C” (COMMERCIAL) BEERconsider granting Partial Release of real & LIQUOR LICENSEestate mortgage executed by FDL Foods, Inc., Sam W. ChinLong Yuen Chinese Rest.+and City Manager recommending approval to (Sunday Sales)2600 Dodge St.execute Partial Release, presented and read. Raysan Corp Bridge Restr.Council Member Buol moved that the proof +(Sunday Sales)31 Locust St.and communication be received and filed. Aragon Tap Inc.Aragon Tap Inc.Seconded by Council Member Robbins. Car- +(Sunday Sales)1103 Iowa St.ried by the following vote: Yeas—Mayor Dug- T & M Inc. Mario’s Italian Rest.gan, Council Members Buol, Krieg, Michalski, +(Sunday Sales)1298 Main St.Nicholson, Robbins, Voetberg. Nays—None. Kahn Family Entr.Pasta O’Shea’s +(Sunday Sales)395 W. 9th St.Attorney Leo McCarthy spoke on behalf of Ground Round Inc.Ground RoundDupaco Credit Union. +(Sunday Sales)50 JFK Rd. Paul F. RaschRasch’s WheelhouseRESOLUTION No. 419-96 +(Sunday&Outdoor Ser)1630 E. 16thRESOLUTION APPROVING A PARTIAL Pamela BarryInstant ReplayRELEASE OF REAL ESTATE MORTGAGE +(Sunday Sales)1602 Central AveAND UCC-2 FINANCING STATEMENTS Passed, approved and adopted this 18thEXECUTED BY FDL FOODS, INC. day of November, 1996.Whereas, on December 6, 1982, FDL Terrance M. Duggan, MayorFoods, Inc. executed a real estate mortgage Attest: Mary A. Davis, City Clerkas security for loans from the City of Dubuque, Council Member Voetberg moved adoptionIowa, totaling $3,550,000, which mortgage of the Resolution. Seconded by Council Mem-was recorded in the office of the Recorder of ber Buol. Carried by the following vote:the County of Dubuque, Iowa on December 9, Yeas—Mayor Duggan, Council Members1982, Instrument #6742-82; Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, FDL Foods, Inc. also executed Voetberg. Nays—None. two (2) UCC-2 Financing Statements, which were filed for record in the offices of the Re- BOARDS AND COMMISSIONS:corder of the County of Dubuque, Iowa, on Applicants are invited to address the Coun-December 9, 1982, Instrument #6743-82, and cil to indicate their desire to serve on theon September 27, 1996, Instrument #11483- following Boards/Commissions.96; Whereas, FDL Foods, Inc., a subsidiary of ELECTRICAL CODE BOARD (representingFarmland Foods, Inc., has requested the City Electrical Contractor) - Applicant: Jamesof Dubuque release from said Mortgage and Dixon. James Dixon spoke.UCC Financing Statements four (4) vacant lots which FDL Foods, Inc. has sold to Du- APPOINTMENTS MADE:paco Community Credit Union, Dubuque, APPEALS BOARD - BUILDING CODE:Iowa, and which lots are legally described as Applicant Tim J. Pancratz. follows: Council Member Voetberg moved that TimLots 383, 386 & 387 of East Dubuque No. J. Pancratz be appointed to the unexpired2 in the City of Dubuque, Iowa, according term which will expire 8-1-97. Seconded byto the recorded plats thereof. Council Member Robbins. Carried by theWhereas, said legal description is also set following vote: Yeas—Mayor Duggan, Councilforth in the Partial Release of Real Estate Members Buol, Krieg, Michalski, Nicholson,Mortgage and two (2) UCC-4 Partial Re- Robbins, Voetberg. Nays—None. leases, attached hereto and made a part hereof by this reference; HUMAN RIGHTS COMMISSION: ApplicantWhereas, pursuant to published notice, the Judith Haley Giesen. Council Member Mi-City Council has held a public hearing on chalski moved that Judith Haley Giesen beNovember 18, 1996, to consider disposing of appointed to the Commission for an unexpiredits interest in the property which is proposed term which will expire 1-1-97 and an additionalfor release; and three-year term which will expire 1-1-2000.Whereas, the City Council believes that it is Seconded by Council Member Voetberg.in the public interest to approve the requested Carried by the following vote: Yeas—MayorPartial Release of Real Estate Mortgage and Duggan, Council Members Buol, Krieg, Mic-Partial Releases of the UCC security interest halski, Nicholson, Robbins, Voetberg.liens. Nays—None. Whereas, the City Council believes that it is in the public interest to approve the requested Council Member Robbins moved that thePartial Release of Real Estate and Partial rules be suspended to allow anyone present toReleases of the UCC security interest liens. address the Council if they so desire. Sec-NOW, THEREFORE, BE IT RESOLVED onded by Council Member Nicholson. CarriedBY THE CITY COUNCIL OF THE CITY OF by the following vote: Yeas—Mayor Duggan,DUBUQUE, IOWA: Council Members Buol, Krieg, Michalski,Section 1. That the Partial Release of Real Regular Session, November 18, 1996 Estate Mortgage attached hereto is herebyRESOLUTION WITH RESPECT TO THE approved.ADOPTION OF THE RESOLUTION OF Section 2. That the two (2) UCC-4 PartialNECESSITY PROPOSED FOR THE KELLY Releases attached hereto are hereby ap-LANE RECONSTRUCTION PROJECT proved.Whereas, the City Council has proposed a Section 3. That the Mayor and City ClerkResolution of Necessity for the Kelly Lane are hereby authorized and directed to execute,Reconstruction Project, has given notice of the on behalf of the City of Dubuque, Iowa, saidpublic hearing thereon as required by law; and partial Release of Real Estate Mortgage andWhereas, the public hearing has been held, the two (2) UCC-4 Partial Releases.all persons offering objections have been Section 4. That the City Clerk is herebyheard and consideration given to all objections authorized and directed to have a copy of theand is pending before this Council; and executed Release of Mortgage and two (2)Whereas, this is the time and place set as UCC-4 Partial Releases recorded in the re-provided for the taking of action on the pro- cords of the Office of the Recorder of theposed Resolution of Necessity. County of Dubuque, Iowa.NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 18thBY THE CITY COUNCIL OF THE CITY OF day of November, 1996.DUBUQUE, IOWA: Terrance M. Duggan, MayorThat the proposed Resolution of Necessity Attest: Mary A. Davis, City Clerkdescribed above is hereby: Council Member Buol moved adoption ofDeferred for later consideration to a City the Resolution. Seconded by Council MemberCouncil meeting to be held on the 20th day of Robbins. Carried by the following vote:January, 1997, next at 7:00 p.m. in Public Yeas—Mayor Duggan, Council MembersLibrary Auditorium, with jurisdiction retained Buol, Krieg, Michalski, Nicholson, Robbins,for further consideration and action at the Voetberg. Nays—None. adjourned meeting. Passed, adopted and approved this 18th Proof of publication certified to by theday of November, 1996. Publisher on Notice of Hearing on Plans andTerrance M. Duggan, Mayor Specs. for Kelly Lane Reconstruction Project;Attest: Mary A. Davis, City Clerk Proof of publication certified to by the Pub-Council Member Voetberg moved adoption lisher on Notice to Property Owners advisingof the Resolution. Seconded by Council Mem- of Hearing on Resolution of Necessity forber Michalski. Carried by the following vote: project, presented and read. Council MemberYeas—Mayor Duggan, Council Members Voetberg moved that the proofs be receivedBuol, Krieg, Michalski, Nicholson, Robbins, and filed. Seconded by Council MemberVoetberg. Nays—None. Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council MembersCouncil recessed at 9:06 p.m.; Council Buol, Krieg, Michalski, Nicholson, Robbins,reconvened at 9:13 p.m. Voetberg. Nays—None. Proof of publication certified to by the Written objections for various reasonsPublisher on Notice of Hearing on Plans and regarding the assessments and constructionSpecifications for City Hall Remodeling of above project: Richard and Sharon Willey,Project-First Floor, presented and read. Coun- Elected officers of the Rockdale United Meth-cil Member Voetberg moved that the proof be odist Church, Philip J. Cook, Beth and Larryreceived and filed. Seconded by Council Trowbridge, Mark Edwards, Brenda L. Ed-Member Nicholson. Carried by the following wards, Petition from Kelly Lane Committee Forvote: Yeas—Mayor Duggan, Council Members Fairness containing approx. 133 signatures,Buol, Krieg, Michalski, Nicholson, Robbins, and Mike and Phyllis Kelley, presented andVoetberg. Nays—None. read. Council Member Voetberg moved that the communication be received and filed.RESOLUTION NO. 421-96 Seconded by Council Member Michalski.RESOLUTION ADOPTING PLANS Carried by the following vote: Yeas—Mayor AND SPECIFICATIONS th Duggan, Council Members Buol, Krieg, Mic-Whereas, on the 16 day of October, 1996, halski, Nicholson, Robbins, Voetberg.plans, specifications, form of contract and Nays—None. estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall First Floor Kelly Lane residents Joe Zwack, MikeRemodeling . Kelly, Ed Cosgrove, Al Frommelt, TomWhereas, notice of hearing on plans, speci- Schaefer, Jerry Haugen, Gail Chavenelle,fications, form of contract, and estimated cost Loras Kiefer, Kathy Sullivan, Jane Jenkins,was published as required by law. Greg Franken, Marian Williams and Jeff VanNOW THEREFORE, BE IT RESOLVED Zile all spoke objecting to various aspects ofBY THE CITY COUNCIL OF THE CITY OF the proposed project and offered alternativeDUBUQUE, IOWA: construction options. That the said plans, specifications, form of contract and estimated cost are hereby ap- Jerome Schrader and Doug Cheever spokeproved as the plans, specifications, form of in favor of the project. contract and estimated cost for said improve- ments for said project. RESOLUTION NO. 420-96Passed, adopted and approved this 18th Regular Session, November 18, 1996 day of November, 1996.Council Member Buol. Carried by the follow- Terrance M. Duggan, Mayoring vote: Yeas—Mayor Duggan, Council Attest: Mary A. Davis, City ClerkMembers Buol, Krieg, Michalski, Nicholson, Council Member Voetberg moved adoptionRobbins, Voetberg. Nays—None. of the Resolution. Seconded by Council Mem- ber Nicholson. Carried by the following vote:RESOLUTION NO. 423-96 Yeas—Mayor Duggan, Council MembersRESOLUTION ADOPTING PLANS Buol, Krieg, Michalski, Nicholson, Robbins, AND SPECIFICATIONS Voetberg. Nays—None. WHEREAS, ON THE 4TH DAY OF Octo- ber, 1996 plans, specifications, form of con- Proof of publication certified to by thetract and estimated cost were filed with the Publisher on Notice to Bidders on Receipt ofCity Clerk of Dubuque, Iowa for the installation Bids for project and City Manager recom-of approximate 3,200 feet of 12-inch ductile mending to award contract for project, pre-iron water main on Roosevelt Road. sented and read. Council Member VoetbergWHEREAS, notice of hearing on plans, moved that the communication be receivedspecifications, form of contract and estimated and filed. Seconded by Council Membercost was published as required by law. Nicholson. Carried by the following vote:NOW THEREFORE, BE IT RESOLVED Yeas—Mayor Duggan, Council MembersBY THE CITY COUNCIL OF THE CITY OF Buol, Krieg, Michalski, Nicholson, Robbins,DUBUQUE, IOWA: Voetberg. Nays—None.Section 1. That the said plans, specifica- tions, form of contract and estimated cost are RESOLUTION NO. 422-96hereby approved as the plans, specifications, AWARDING CONTRACTform of contract and estimated cost for said Whereas, sealed proposals have beenimprovements for said project. submitted by contractors for the City HallPassed, approved and adopted this 18th Remodeling Project - First Floor pursuant today of November, 1996. Resolution No. 392-96 and notice to biddersTerrance M. Duggan, Mayor published in a newspaper published in the CityAttest: Mary A. Davis, City Clerk of Dubuque, Iowa on the 24th day of October,Council Member Voetberg moved adoption 1996.of the Resolution. Seconded by Council Mem- Whereas, said sealed proposals wereber Buol. Carried by the following vote: opened and read on the 7th day of November,Yeas—Mayor Duggan, Council Members 1996 and it has been determined that the bidBuol, Krieg, Michalski, Nicholson, Robbins, of RM Strub Construction of Dubuque, Iowa inVoetberg. Nays—None. the amount of $119,534.00 was the lowest bid for the furnishings of all labor and materialsProof of publication certified to by the and performing the work as provided for in thePublisher on Notice to Bidders on Receipt of plans and specifications.Bids for project and City Manager recom- NOW THEREFORE, BE IT RESOLVEDmending to award contract for project, pre- BY THE CITY COUNCIL OF THE CITY OFsented and read. Council Member Voetberg DUBUQUE, IOWA:moved that the proof and communication be That the contract for the above improve-received and filed. Seconded by Council ment be awarded to RM Strub ConstructionMember Buol. Carried by the following vote: and the Manager be and is hereby directed toYeas—Mayor Duggan, Council Members execute a contract on behalf of the City ofBuol, Krieg, Michalski, Nicholson, Robbins, Dubuque for the complete performance of theVoetberg. Nays—None. work. BE IT FURTHER RESOLVED:RESOLUTION NO. 424-96 That upon the signing of said contract andAUTHORIZING THE CITY MANAGER TO the approval of the contractor's bond, the CityEXECUTE A CONTRACT WITH NORTH- Treasurer is authorized and instructed toWESTERN DEVELOPMENT, INC. OF DU- return the bid deposits of the unsuccessfulBUQUE, IOWA FOR THE PURPOSE OF bidders.PROVIDING CONSTRUCTION SERVICES Passed, approved and adopted this 18thFOR THE ROOSEVELT ROAD WATER day of November, 1996.MAIN PROJECT. Terrance M. Duggan, MayorWHEREAS, the Roosevelt Road Water Attest: Mary A. Davis, City ClerkMain Project has been budgeted and Council Member Voetberg moved adoptionWHEREAS, Northwestern Development, of the Resolution. Seconded by Council Mem-Inc. of Dubuque, Iowa has submitted to the ber Nicholson. Carried by the following vote:City an agreement to conduct construction Yeas—Mayor Duggan, Council Membersservices of this improvement in the amount of Buol, Krieg, Michalski, Nicholson, Robbins,$141,215.00 dollars. Voetberg. Nays—None. WHEREAS, Funds have been legally appropriated for this expenditure. 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 Specifications for Construction of RooseveltDUBUQUE, IOWA: Road Water Main Project, presented andSection 1. That the City Manager be autho- read. Council Member Voetberg moved thatrized to execute the agreement for construc- the proof be received and filed. Seconded bytion services with Northwestern Development, Regular Session, November 18, 1996 Inc. of Dubuque, Iowa dated October 29, 1996ceiling height of not less than five (5) feet eight for the Roosevelt Road Water Main Project.(8) inches, measured vertically from stair tread Passed, approved, and adopted this 18thto ceiling, where it is determined that such day of November, 1996.construction is original to the dwelling. Terrance M. Duggan, Mayor(Option "B") Attest: Mary A. Davis, City ClerkSection 2. Section 26-10(d)(3)b. is hereby Council Member Voetberg moved adoptionrepealed, and the following new Section 26- of the Resolution. Seconded by Council Mem-10(d)(3)b. is hereby adopted in lieu thereof: ber Buol. Carried by the following vote:b.Passageways. The required bathroom, and Yeas—Mayor Duggan, Council Membersany other water closet compartment, shall not Buol, Krieg, Michalski, Nicholson, Robbins,be used as the only interior passageway to any Voetberg. Nays—None. habitable room, hall, basement, cellar or exte- rior of the unit. City Manager submitting an OrdinanceSection 3. Section 26-10(n)(3)b. is hereby amending Chapter 26 of the Code of Ordi-repealed, and the following new Section 26- nances on “Housing Regulations,” presented10(n)(3)b. is hereby adopted in lieu thereof: and read. Council Member Voetberg movedb.Installation of smoke detectors shall not be that the communication be received and filed.required in crawl spaces. Installation of smoke Seconded by Council Member Nicholson.detectors in attics shall be required only where Carried by the following vote: Yeas—Mayoroccupancy of the attic is allowed according to Duggan, Council Members Buol, Krieg, Mich-provisions of this code. alski, Nicholson, Robbins, Voetberg. Nays-Section 4. This ordinance shall take effect —None.immediately upon publication. Passed, approved and adopted this 18th An Ordinance Amending certain portionsday of November, 1996. of Chapter 26 “Housing Regulations” relatingTerrance M Duggan, Mayor to “Ceiling Heights”, relating to “Passageway”Attest: Mary A. Davis, City Clerk and relating to “Smoke Detectors,” presentedPublished officially in the Telegraph Herald and read. newspaper this 27th day of November, 1996. 1t 11/27Mary A. Davis CMC, City Clerk (OFFICIAL PUBLICATION)Council Member Voetberg moved that the ORDINANCE NO. 54-96 requirement that a proposed Ordinance be AN ORDINANCE AMENDING THE CODE considered and voted on for passage at two OF ORDINANCES, CITY OF DUBUQUE, Council Meetings prior to the meeting at which IOWA, CHAPTER 26, HOUSING REGULA- it is to be finally passed be suspended. Sec- TIONS, BY: REPEALING SECTION 26- onded by Council Member Nicholson. Carried 10(d)(3)a.1. RELATING TO CEILING HEI- by the following vote: Yeas—Mayor Duggan, GHTS AND ADOPTING IN LIEU THEREOF Council Members Buol, Krieg, Michalski, A NEW PARAGRAPH 1. RELATING TO Nicholson, Robbins, Voetberg. Nays—None. CEILING HEIGHTS; REPEALING SECTION Council Member Voetberg moved final consid- 26-10(d)(3)b. RELATING TO PASSAGE- eration and passage of the Ordinance. Sec- WAYS AND ADOPTING IN LIEU THEREOF onded by Council Member Nicholson. Carried A NEW PARAGRAPH b. RELATING TO by the following vote: Yeas—Mayor Duggan, PASSAGEWAYS; AND REPEALING SEC- Council Members Buol, Krieg, Michalski, TION 26-10(n)(3)b. RELATING TO SMOKE Nicholson, Robbins, Voetberg. Nays—None. DETECTORS AND ADOPTING IN LIEU THEREOF A NEW PARAGRAPH b. RELAT- City Manager recommending to sell and ING TO SMOKE DETECTORS. dispose of a vacant lot at the corner of North NOW, THEREFORE, BE IT ORDAINED Grandview and Kaufmann Avenue to John C. BY THE CITY COUNCIL OF THE CITY OF Scherf and set public hearing for December 2, DUBUQUE, IOWA: 1996, and Zoning Advisory Commission Section 1. Section 26-10(d)(3)a.1. is here- advising of their approval of final plat of Bur- by repealed, and the following new Section 26- ton’s 2nd Addition (located in area of North 10(d)(3)a.1. is hereby adopted in lieu thereof:Grandview Ave. and Kaufmann Avenue) to 1.Ceiling Height. Habitable rooms or areascreate right-of-way for existing streets and shall have a ceiling height of not less thancreate a lot for resale, presented and read. seven (7) feet. Other rooms or areas may haveCouncil Member Voetberg moved that the a ceiling height of not less than six (6) feetcommunications be received and filed and eight (8) inches, measured to the lowestapproved sale and disposal. Seconded by projection from the ceiling.Council Member Buol. Carried by the following Stairways otherwise having a ceiling heightvote: Yeas—Mayor Duggan, Council Members of not less than six (6) feet eight (8) inchesBuol, Krieg, Michalski, Nicholson, Robbins, may have at no more than at a single point aVoetberg. Nays—None. ceiling height of not less than six (6) feet four (4) inches, measured vertically from stair tread RESOLUTION NO. 425-96 to ceiling, where it is determined that such A RESOLUTION RESCINDING RESOLU- construction is original to the dwelling. TION NO. 279-60 AND APPROVING THE (Option "A") FINAL PLAT OF LOTS 1, 2 AND 3 AND LOT Stairways otherwise having a ceiling height A OF BURTON’S SECOND ADDITION IN of not less than six (6) feet eight (8) inches THE CITY OF DUBUQUE, IOWA. may have at no more than at a single point a Whereas, there has been filed with the City Regular Session, November 18, 1996 Clerk a final plat of Lots 1, 2 and 3 and Lot AN of Burton’s Second Addition in the City ofG Dubuque, Iowa; andTH Whereas, upon said final plat appears aE street to be known as North Grandview Ave-FI nue, together with certain sanitary sewer,N storm sewer and water main easements whichAL the owners by said final plat have dedicated toPL the public forever; andAT Whereas, said final plat has been reviewedOF by the Zoning Advisory Commission and hadB its approval endorsed thereon; andU Whereas, said final plat has been exam-R- ined by the City Council and they find that itT conforms to the statutes and ordinancesO relating to it; andN’ Whereas, the City Council concurs in theS conditions of approval established by theTH Zoning Advisory Commission.IR NOW, THEREFORE, BE IT RESOLVEDD BY THE CITY COUNCIL OF THE CITY OFA DUBUQUE, IOWA:D Section 1. That Resolution 279-60 is here-DI by rescinded.TI Section 2. That the dedication of NorthO Grandview Avenue (Lot A), together with theN easements for sanitary sewer, storm sewerWhereas, there has been presented to the and water mains as they appear upon saidCity Council of the City of Dubuque, Iowa, a final plat, be and the same are hereby ac-plat dated September 23, 1996, prepared by cepted; andIIW Engineers & Surveyors, P.C. describing Section 3. That the plat of Lots 1, 2 and 3the proposed dedication of Lot A of Burton’s and Lot A is hereby approved and the MayorThird Addition in the City of Dubuque for and City Clerk are hereby authorized andpublic right-of-way; and directed to endorse the approval of the City ofWhereas, upon said plat appears right-of- Dubuque, Iowa, upon said final plat.way for Kaufmann Avenue which the owner by Passed, approved and adopted this 18thsaid plat has dedicated to the public forever; day of November, 1996.and Terrance M. Duggan, MayorWhereas, said plats conforms to the laws ATTEST: Mary A. Davis, City Clerkand statutes pertaining thereto. Council Member Voetberg moved adoptionNOW, THEREFORE, BE IT RESOLVED of the Resolution. Seconded by Council Mem-BY THE CITY COUNCIL OF THE CITY OF ber Buol. Carried by the following vote:DUBUQUE, IOWA: Yeas—Mayor Duggan, Council MembersSection 1.That the plat dated Septem- Buol, Krieg, Michalski, Nicholson, Robbins,ber 23, 1996, prepared by IIW Engineers and Voetberg. Nays—None. Surveyors, P.C., relative to the real estate hereinabove described by and the same is City Manager recommending approval ofhereby approved. final plat of Burton’s 3rd Addition (located atSection 2.That the dedication of Lot A of curve of Kaufmann Ave. near N. GrandviewBurton’s Third Addition in the City of Dubuque Ave. and requesting approval to purchasefor public right-of-way for Kaufmann Avenue property, presented and read. Council Memberas appears on said plat, be and the same are Voetberg moved that the communication behereby approved, and the Mayor and City received and filed. Seconded by CouncilClerk be and they are hereby authorized and Member Buol. Carried by the following vote:directed to execute said plat for and on behalf Yeas—Mayor Duggan, Council Membersof the City of Dubuque, Iowa. Buol, Krieg, Michalski, Nicholson, Robbins,Section 3.That the City Clerk be and is Voetberg. Nays—None. hereby authorized and directed to file said plats and certified copy of this resolution in the RESOLUTION NO. 426-96office of the Recorder, in and for Dubuque RCounty, Iowa. ESPassed, approved and adopted this 18th Oday of November, 1996. LUTerrance M. Duggan, Mayor TIAttest: Mary A. Davis, City Clerk OCouncil Member Voetberg moved adoption Nof the Resolution. Seconded by Council Mem- APber Buol. Carried by the following vote: PYeas—Mayor Duggan, Council Members RBuol, Krieg, Michalski, Nicholson, Robbins, OVoetberg. Nays—None. VI Regular Session, November 18, 1996 RESOLUTION NO. 427-96Hearing be held on the proposed Ordinance RESOLUTION OF INTENT TO DISPOSE OFon the 2nd day of December, 1996 at 7:00 INTEREST IN LOT 3 OF BURTON’S SEC-p.m. in the Public Library Auditorium and that OND ADDITION IN THE CITY OF DU-the City Clerk publish notice in the manner BUQUE TO JOHN C. AND LAVON C.prescribed by law. Seconded by Council SCHERFMember Buol. Carried by the following vote: Whereas, the City of Dubuque is the cur-Yeas—Mayor Duggan, Council Members rent owner of Lot 3 of Burton’s Second Addi-Buol, Krieg, Michalski, Nicholson, Robbins, tion in the City of Dubuque, Iowa; andVoetberg. Nays—None. Whereas, the adjacent property owners, John C. and Lavon C. Scherf, have petitionedZoning Advisory Commission advising of to purchase said property from the City oftheir approval to reclassify property at 1704, Dubuque.1710, 1728 and 1730 Elm Street from R-2A to NOW, THEREFORE, BE IT RESOLVEDLI District. (Requested by Frank Hardie Adver- BY THE CITY COUNCIL OF THE CITY OFtising), presented and read. Council Member DUBUQUE, IOWA:Voetberg moved that the communication be Section 1. That the City of Dubuque, Iowareceived and filed. Seconded by Council intends to dispose of its interest in Lot 3 ofMember Michalski. Carried by the following Burton’s Second Addition to John C. andvote: Yeas—Mayor Duggan, Council Members Lavon C. Scherf and the conveyance by JohnBuol, Krieg, Michalski, Nicholson, Robbins, C. and Lavon C. Scherf to the City of Du-Voetberg. Nays—None. buque of Lot 3 of Burton’s Second Addition Section 2. That the conveyance of theAn Ordinance Amending Zoning Map by City’s interest shall be for the sum ofreclassifying properties at 1704, 1710, 1728 $24,500.00 plus publication and filing feesand 1730 Elm Street from R-2A Alternate and the conveyance by John C. and Lavon C.Two-Family Residential District to LI Light Scherf to the City of Dubuque of Lot A ofIndustrial zoning District, presented and read. Burton’s Third Addition.Council Member Voetberg moved that the Section 3. That the City Clerk be and isrequirement that a proposed Ordinance be hereby authorized and directed to cause aconsidered and voted on for passage at two notice to be published as prescribed underCouncil Meetings prior to the meeting at which Section 364.7 Disposal of Property, Code ofit is to be finally passed be suspended. Sec- Iowa, 1995 or as amended.onded by Council Member Michalski. Carried Passed, approved and adopted this 18thby the following vote: Yeas—Mayor Duggan, day of November, 1996.Council Members Buol, Krieg, Michalski, Terrance M. Duggan, MayorNicholson, Robbins, Voetberg. Nays—None. Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved that a Public Council Member Voetberg moved adoptionHearing be held on the proposed Ordinance of the Resolution. Seconded by Council Mem-on the 2nd day of December, 1996 at 7:00 ber Buol. Carried by the following vote:p.m. in the Public Library Auditorium and that Yeas—Mayor Duggan, Council Membersthe City Clerk publish notice in the manner Buol, Krieg, Michalski, Nicholson, Robbins,prescribed by law. Seconded by Council Voetberg. Nays—None. Member Michalski. Carried by the following vote: Yeas—Mayor Duggan, Council Members Zoning Advisory Commission advising ofBuol, Krieg, Michalski, Nicholson, Robbins, their approval to reclassify property at 2263-Voetberg. Nays—None. 2265 Elm Street from R-2A to CS District. (Requested by Elno & Marylou Coulson),City Manager requesting public hearing be presented and read. Council Memberset on an agreement to amend lease of a Voetberg moved that the communication beportion of Finley Home Addition to add a received and filed. Seconded by Councilportion of Lot 32C for a four-stall Concrete Member Buol. Carried by the following vote:Parking Area, presented and read. Council Yeas—Mayor Duggan, Council MembersMember Council Member Voetberg moved Buol, Krieg, Michalski, Nicholson, Robbins,that the communication be received and filed Voetberg. Nays—None. set for Public Hearing on December 2, 1996 at 7:00 p.m. in the Public Library Auditorium and An Ordinance Amending Zoning Map bythat the City Clerk publish notice in the man- reclassifying property at 2263-2265 Elm Streetner prescribed by law. Seconded by Council from R-2A Alternate Two-Family ResidentialMember Buol. Carried by the following vote: District to CS Commercial Service and Whole-Yeas—Mayor Duggan, Council Members sale Zoning District, presented and read.Buol, Krieg, Michalski, Nicholson, Robbins, Council Member Voetberg moved that theVoetberg. Nays—None. requirement that a proposed Ordinance be considered and voted on for passage at twoAt 9:22 p.m. Council Member Michalski Council Meetings prior to the meeting at whichmoved that it be resolved to go into Closed it is to be finally passed be suspended. Sec-Session In accordance with Chapter 21.5 1.(j) onded by Council Member Buol. Carried by1995 Code of Iowa, as amended, to discuss the following vote: Yeas—Mayor Duggan,the purchase of particular real estate where Council Members Buol, Krieg, Michalski,premature disclosure could be reasonably Nicholson, Robbins, Voetberg. Nays—None.expected to increase the price the governmen- Council Member Voetberg moved that a Publictal body would have to pay for that property. Regular Session, November 18, 1996 Seconded by Council Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. At 10:30 p.m. Council reconvened Regular Session with statement that Staff had been given direction. There being no further business, Council Member Voetberg moved to adjourn. Sec- onded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. The meeting adjourned at 10:31 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Adopted , 1997 Mayor Council Members Attest: City Clerk