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