1996 December Council ProceedingsRegular Session, December 2, 1996
Schultz, presented and read. Council Member
DUBUQUE
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Carried by the following
CITY COUNCIL
vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
OFFICIAL
PROCEEDINGS
Corporation Counsel recommending denial
of truck damage claim of Dana Coffin,
presented and read. Council Member
City Council, Regular Session, December
Voetberg moved that the communication be
2, 1996.
received and filed and approved denial.
Council met at 7:00 p.m., Public Library
Seconded by Council Member Michalski.
Auditorium.
Carried by the following vote: Yeas—Mayor
Present: Mayor Duggan, Council Members
Duggan, Council Members Buol, Krieg,
Buol, Krieg, Michalski, Nicholson, Robbins,
Michalski, Nicholson, Robbins, Voetberg.
Voetberg, City Manager Michael Van Milligen,
Nays—None.
Corporation Counsel Barry Lindahl.
Corporation Counsel recommending
Mayor Duggan read the call and stated that
settlement of property damage claim of
this is the Regular Session of the City Council
Eugene A. Gartner in the amount of $455.70
called for the purpose to act upon such
and authorize Finance Director to issue check,
business which may properly come before the
presented and read. Council Member
Council.
Voetberg moved that the communication be
received and filed and settlement approved.
Invocation was given by Father Richard
Seconded by Council Member Michalski.
Schaefer of Loras College and St. Patrick’s
Carried by the following vote: Yeas—Mayor
Catholic Church.
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
MINUTES SUBMITTED — Airport
Nays—None.
Commission of 10-8 & 10-22; Community
Development Commission of 10-15 & 11-13;
McGraw-Hill Companies advising of a
Electrical Code Board of 11-7; Five Flags
reduction of approx. 80 employees (In
Commission of 10-21; Housing Code Appeals
accordance with the provisions of the 1989
Board of 10-15; Housing Commission Trust
Worker Adjustment and Retraining Notification
fund Committee of 11-14; Park & Recreation
Act (“WARN”), presented and read. Council
Commission of 11-12; Zoning Advisory
Member Voetberg moved that the
Commission of 11-6, Proof of Publication on
communication be received and filed.
publishing Council proceedings for 11-4 & 11-
Seconded by Council Member Michalski.
7, and Finance Director submitting Financial
Carried by the following vote: Yeas—Mayor
Reports for month of October, 1996,
Duggan, Council Members Buol, Krieg,
presented and read. Council Member
Michalski, Nicholson, Robbins, Voetberg.
Voetberg moved that the proof, minutes and
Nays—None.
reports be received and filed. Seconded by
Council Member Michalski. Carried by the
City Manager recommending to accept the
following vote: Yeas—Mayor Duggan, Council
Flora Pool and Sutton Pool Painting Project,
Members Buol, Krieg, Michalski, Nicholson,
presented and read. Council Member
Robbins, Voetberg. Nays—None.
Voetberg moved that the communication be
received and filed. Seconded by Council
NOTICES OF CLAIMS/SUITS — Dennis
Member Michalski. Carried by the following
& Debra Hillard in amount of $2,897.02 for
vote: Yeas—Mayor Duggan, Council Members
backed-up sewer damages; Kathryn E.
Buol, Krieg, Michalski, Nicholson, Robbins,
Spofford in amount of $930.55 for vehicle
Voetberg. Nays—None.
damages; Heather A. Stumpf in the amount of
$132.50 for vehicle damages; Don Vogt in
RESOLUTION NO. 428-96
amount of $243.95 for vehicle damages,
ACCEPTING IMPROVEMENT
presented and read. Council Member
Whereas, the contract for the Flora Pool
Voetberg moved that the claims and suits be
and Sutton Pool Painting Project has been
referred to the Legal Staff for investigation and
completed and the City Manager has
report. Seconded by Council Member
examined the work and filed his certificate
Michalski. Carried by the following vote:
stating that the same has been completed
Yeas—Mayor Duggan, Council Members
according to the terms of the contract, plans
Buol, Krieg, Michalski, Nicholson, Robbins,
and specifications and recommends its
Voetberg. Nays—None.
acceptance.
NOW, THEREFORE, BE IT RESOLVED,
Corporation Counsel advising following
by the City Council of the City of Dubuque,
claims have been referred to Crawford &
Iowa, that the recommendation of the City
Company, the agent for the Iowa Communities
Manager be approved and that said
Assurance Pool: Damage to cars by
improvement be and the same is hereby
Richardson Motors; False arrest etc. of Lori
Regular Session, December 2, 1996
accepted.presented and read. Council Member
BE IT FURTHER RESOLVED that the CityVoetberg moved that the communication be
Treasurer be and he is hereby directed to payreceived and filed. Seconded by Council
to the contractor from the General Fund inMember Michalski. Carried by the following
amount equal to the amount of his contract,vote: Yeas—Mayor Duggan, Council Members
less any retained percentage provided forBuol, Krieg, Michalski, Nicholson, Robbins,
therein.Voetberg. Nays—None.
Passed, approved and adopted this 2nd
day of December, 1996.RESOLUTION NO. 430-96
Terrance M. Duggan, MayorAPPROVAL OF GRANT AGREEMENT
Attest: Mary A. Davis, City ClerkFOR HERITAGE TRAIL EXTENSION
Council Member Voetberg moved adoptionWhereas, the City of Dubuque has been
of the Resolution. Seconded by Councilawarded a $157,810 Recreational Trail Grant
Member Michalski. Carried by the followingby the Iowa Department of Transportation
vote: Yeas—Mayor Duggan, Council Members(IDOT) for the Heritage Trail Extension; and
Buol, Krieg, Michalski, Nicholson, Robbins,Whereas, the IDOT requires City Council
Voetberg. Nays—None. approval of an agreement to proceed with this
project.
RESOLUTION NO. 429-96NOW THEREFORE, BE IT RESOLVED
FINAL ESTIMATEBY THE CITY COUNCIL OF THE CITY OF
Whereas, the contract for the Flora PoolDUBUQUE, IOWA:
and Sutton Pool Painting Project has beenSection 1.That the Mayor is hereby
completed and the Contractor has submittedauthorized to sign the agreement with IDOT
his final estimate showing the cost thereoffor this project.
including the cost of estimates showing theSection 2.That the City of Dubuque hereby
cost thereof including the cost of estimates,agrees to abide by the terms of this
notices and inspection and all miscellaneousagreement.
costs;Passed, approved and adopted this 2nd
NOW, THEREFORE, BE IT RESOLVED,day of December, 1996.
by the City Council of the City of Dubuque,Terrance M. Duggan, Mayor
Iowa:Attest: Mary A. Davis, City Clerk
Section 1. That the cost of saidCouncil Member Voetberg moved adoption
improvement is hereby determined to be $44,of the Resolution. Seconded by Council
277 and the said amount shall be paid fromMember Michalski. Carried by the following
the General Fund of the City of Dubuque,vote: Yeas—Mayor Duggan, Council Members
Iowa.Buol, Krieg, Michalski, Nicholson, Robbins,
Passed, approved and adopted this 2ndVoetberg. Nays—None.
day of December, 1996.
Terrance M. Duggan, MayorCity Manager recommending upgrade of
Attest: Mary A. Davis, City ClerkLaw Enforcement Dictation System, presented
Council Member Voetberg moved adoptionand read. Council Member Voetberg moved
of the Resolution. Seconded by Councilthat the communication be received and filed
Member Michalski. Carried by the followingand approved upgrade. Seconded by Council
vote: Yeas—Mayor Duggan, Council MembersMember Michalski. Carried by the following
Buol, Krieg, Michalski, Nicholson, Robbins,vote: Yeas—Mayor Duggan, Council Members
Voetberg. Nays—None. Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
City Manager recommending current
process remain substantially intact with fourCity Manager recommending to upgrade
proposed changes for “Review of Barking DogLaw Enforcement Computer processor,
Enforcement Procedures,” presented andpresented and read. Council Member
read. Council Member Voetberg moved thatVoetberg moved that the communication be
the communication be received and filed.received and filed and upgrade approved.
Seconded by Council Member Michalski.Seconded by Council Member Michalski.
Carried by the following vote: Yeas—MayorCarried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.Michalski, Nicholson, Robbins, Voetberg.
Nays—None. Nays—None.
City Manager recommending replacementCity Manager recommending acceptance of
of the North Plant Lime Duster Collector,Rhomberg Avenue Asphalt Project, presented
presented and read. Council Memberand read. Council Member Voetberg moved
Voetberg moved that the communication bethat the communication be received and filed.
received and filed and approved. Seconded bySeconded by Council Member Michalski.
Council Member Michalski. Carried by theCarried by the following vote: Yeas—Mayor
following vote: Yeas—Mayor Duggan, CouncilDuggan, Council Members Buol, Krieg,
Members Buol, Krieg, Michalski, Nicholson,Michalski, Nicholson, Robbins, Voetberg.
Robbins, Voetberg. Nays—None. Nays—None.
City Manager recommending approval of
Agreement for Heritage Trail Extension,RESOLUTION NO. 431-96
Regular Session, December 2, 1996
ACCEPTING IMPROVEMENTASPHALT RESURFACING PROJECT
Whereas, the contract for the East 20thINCLUDING CERTAIN INFORMATION
Street - Rhomberg Avenue AsphaltREQUIRED BY THE CODE OF IOWA,
Resurfacing Project has been completed andSPECIFICALLY, THE NUMBER OF
the City Manager has examined the work andANNUAL INSTALLMENTS INTO WHICH
filed his certificate stating that the same hasASSESSMENTS ARE DIVIDED, THE
been completed according to the terms of theINTEREST ON ALL UNPAID
contract, plans and specifications andINSTALLMENTS, THE TIME WHEN THE
recommends it acceptance.ASSESSMENTS ARE PAYABLE AND
NOW THEREFORE, BE IT RESOLVEDDIRECTING THE CLERK TO CERTIFY THE
BY THE CITY COUNCIL OF THE CITY OFFINAL SCHEDULE AND TO PUBLISH
DUBUQUE, IOWA:NOTICE THEREOF.
Section 1. That the recommendation of theNOW THEREFORE, BE IT RESOLVED
City Manager be approved and that saidBY THE CITY COUNCIL OF THE CITY OF
improvement be and the same is herebyDUBUQUE, IOWA:
accepted.That after full consideration of the final
BE IT FURTHER RESOLVED that the Cityschedule of assessments and accompanying
Treasurer be and he is hereby directed to payplat showing the assessments proposed to be
to the contractor from the G.O. Bonds - Streetmade for the construction of the East 20th
Paving Fund in amount equal to the amountStreet - Rhomberg Avenue Asphalt
of his contract, less any retained percentageResurfacing Project under contract with
provided for therein.Horsfield Construction of Epworth, Iowa,
Passed, approved and adopted this 2ndwhich final plat and schedule were filed in the
day of December, 1996.office of the City Clerk on the 2nd of
Terrance M. Duggan, MayorDecember, 1996, the said schedule of
Attest: Mary A. Davis, City Clerkassessments be and the same is hereby
Council Member Voetberg moved adoptionapproved and adopted.
of the Resolution. Seconded by CouncilThat there be, and is hereby assessed and
Member Michalski. Carried by the followinglevied as a special tax against and upon each
vote: Yeas—Mayor Duggan, Council Membersof the lots, the respective sums indicated.
Buol, Krieg, Michalski, Nicholson, Robbins,Provided, further, that the amounts shown in
Voetberg. Nays—None. said final schedule of assessments as
deficiencies are found to be proper and levied
RESOLUTION NO. 432-96conditionally against the respective properties
FINAL ESTIMATEbenefitted by the improvements as shown in
Whereas, the contract for the East 20ththe schedule, subject to the provisions of
Street - Rhomberg Avenue AsphaltSection 384.63 of the Code of Iowa. Said
Resurfacing Project has been completed andassessments against said lots are hereby
the City Engineer has submitted his finaldeclared to be in proportion to the special
estimate showing the cost thereof includingbenefits conferred and not in excess of
the cost of estimates, notices and inspectiontwenty-five percent of the value of same.
and all miscellaneous costs;That the City Clerk be and is hereby
NOW THEREFORE, BE IT RESOLVEDdirected to certify said schedule to the County
BY THE CITY COUNCIL OF THE CITY OFTreasurer of Dubuque County, Iowa, and to
DUBUQUE, IOWA:publish notice of said certification once each
Section 1. That the cost of saidweek for two consecutive weeks in the manner
improvement is hereby determined to beprovided in Section 362.3, the first publication
$1,032,751.91 and the said amount shall beof which shall be not more than fifteen days
paid from the G.O. Bonds - Street Pavingfrom the date of filing of the final schedule. On
Fund and the of the City of Dubuque, Iowa.or before the date of the second publication of
Section 2. That the $89,835.30 of the costthe notice, the City Clerk shall also mail a copy
thereof shall be assessable upon privateof said notice to property owners whose
property and $942,916.61 shall be paid fromproperty is subject to assessment, as provided
the G.O. Bonds - Street Paving Fund.and directed in Section 384.60 of the Code of
Passed, approved and adopted this 2ndIowa.
day of December, 1996.That assessments may be paid in full or in
Terrance M. Duggan, Mayorpart without interest at the office of the County
Attest: Mary A. Davis, City ClerkTreasurer, at any time within 30 days after the
Council Member Voetberg moved adoptiondate of the first publication of this notice of the
of the Resolution. Seconded by Councilfiling of the final schedule of assessments
Member Michalski. Carried by the followingwith the County Treasurer. After 30 days
vote: Yeas—Mayor Duggan, Council Membersunpaid assessments of $50.00 or more are
Buol, Krieg, Michalski, Nicholson, Robbins,payable in 10 annual installments and will
Voetberg. Nays—None. draw annual interest at nine (9) percent
(commencing on the date of acceptance of the
work) computed to the December 1 next
following the due dates of the respective
RESOLUTION NO. 433-96installments as provided in Section 384.65 of
A RESOLUTION ADOPTING THE FINALthe Code of Iowa. Each installment will be
ASSESSMENT SCHEDULE FOR EASTdelinquent from October 1 following its due
20TH STREET - RHOMBERG AVENUEdate on July 1 of each year. Property owners
Regular Session, December 2, 1996
may elect to pay any annual installments$744.40$744.40
semiannually in advance.Schadle, Donald & LorraineLot 439
Passed, approved and adopted this 2ndKoerperich, Leslie & Carol S.
day of December, 1996.Lot 440$764.50$764.50
Terrance M. Duggan, MayorNeyens, Gerald & LauraN.E.37.5'-Lot 441
Attest: Mary A. Davis, City Clerk$764.50$764.50
CITY OF DUBUQUE, IOWAPitz, Thomas & ConnieN.E. 1/2-Lot 442
SCHEDULE OF FINAL ASSESSMENTS$744.40$744.40
RHOMBERG AVENUEHickman, Joseph & DebraS.W.1/2-Lot 442
The following schedule is hereby determined$744.40$744.40
to show each lot proposed to be assessed forKaune, LouisS.W. 1/2-Lot 442
the improvement shown in the title together$764.50$764.50
with the amount proposed to be assessedGottschalk, Earl & DorothyS.25'3-Lot 266
against each lot and the valuations shown$764.50$764.50
opposite each lot are hereby fixed as the trueMeyer Joseph & ShirleyS.W.1/2-Lot 263
valuations of such lots by the City Council of$764.50$764.50
the City of Dubuque.Hagge, LorettaN.E.25'-Lot 262
OWNERLOT DESCRIPT.$764.50$764.50
WATER SERV ASSESS.TOTAL ASSESS.Reno, David & Rosemarie (1/2 Int.)
HAM'S ADDITION& Reno, Virginia (1/2)S.W. 25'-Lot 262
Clark, Chris C. & CraigSW 28'-Lot 372$764.50$764.50
$764.50$764.50Cook, Kenneth & BarbaraS.W. 1/2-Lot 443
Jochum, Robert & Lynn (Becker)Lot 309$764.50$764.50
$764.50$764.50Rogan, John & KarenLot 444
Clark, VivienN.40'-Lot 305$744.40$744.40
Herrig, Ronald & JohnLot 394Salwolke, Mary D.Lot 445
$764.50$764.50$744.40$744.40
Kitchen, Ruth D.Lot 397Zenner, Dewayne & HildaLot 446
$764.50$764.50$744.40$744.40
Hayes, Timothy & AnnLot 398Roussel, Richard & Suzanne1-Lot 447
$774.55$774.55$744.40$744.40
Hallahan, Wm. R. & Peggy Lot 399Steffen, Robert & LucilleLot 261
$774.55$774.55$744.40$744.40
Crimmins, Dorothy A.Lot 400Skemp, Frederick P. & Dianne1-Lot 260
Mohr, Douglas Lot 401$764.50$764.50
Giese Edwin & VirginiaLot 404Specht, John & JoyceN.E. 1/2-Lot 259
$784.60$784.60$744.40$744.40
Baker, Connie L.Lot 405Sweeney, James & KarenS.W. 1/2-Lot 259
$764.50$764.50$744.40$744.40
Maiers Frederick & ConstanceLot 407MCCRANEY'S 1ST ADDITION
$784.60$784.60Forbes, Steven & Theresa1-Lot 71
Vogt, James & JanaanLot 301$744.40$744.40
$764.50$764.50Schollmeyer, Joseph & JeanLot 69
Leach, Robert G. & Carol J.Lot 300$684.10$684.10
$764.50$764.50Frey, Daniel N.E. 21'-Lot 66
Oneyear Steven & JaneLot 299$684.10$684.10
$764.50$764.50Campbell, John & TinaS.29'-Lot 66
Meehan, Regina Lot 298$684.10$684.10
$744.40$744.40Lopez, Vincent III & CherylLot 65
Anthony, Paul & MaryLot 296$684.10$684.10
$764.50$764.50Jacobs, Mildred1-Lot 63
Vogel, Ralph & CatherineLot 293$684.10$684.10
$784.60$784.60Coffin, David & TheresaLot 62
Feipel, Lawrence & Mary Louise$664.00$664.00
1-Lot 420$764.50$764.50Skemp, Timothy & AnnLot 61
Goerdt, Jeffrey & LynnLot 423$664.40$664.00
$764.50$764.50Bettcher, Ronald & MaryN.42'-Lot 60
Clark, Joseph D.Lot 424$684.10$684.10
$764.50$764.50Zenner, Keith & Christine1-Lot 58
Thurow, Jerry & Christine$684.10$684.10
N.E. 33.33'Lot 425Bisping, Herbert & Rita2-Lot 58
$784.60$784.60$684.10$684.10
Ripperda, Myron & MaryS.W.16.67'Lot 425Nesteby, Randy & AnnN.E. 1/2-Lot 57
$784.60$784.60$684.10$684.10
Holy Trinity Catholic ChurchLot 276Troy, Jeffrey & LindaS.W.1/2-Lot 57
Water Service Disconnect Assess: $310.50$664.00$664.00
Cayro, George & MaryLot 435Becker, Wayne & LindaN.E. 1/2-Lot 56
$764.50$764.50$684.10$684.10
Leitner, Harold & MaryLot 437Moeller, George & MarieS.W.1/2-Lot 56
$744.40$744.40Lyons, George C.Lot 45 & 46
Kohn, Grange & EmogeneLot 438$1,126.30$1,126.30
Regular Session, December 2, 1996
Jochum, Tonetta Lot 48Menning, Robert & Sally2-Lot 15
$1,106.20$1,106.20DREIBELBIS ADDN.
Peil, George & DianeN.1/2-Lot 49Ludescher, James F.S.W. 1/2-Lot 12
$1,106.20$1,106.20Esser, Sylvester & Marcella1-Lot 23
Vrotsos, A. Blaise & Sharon S./1/2-Lot 49$724.30$724.30
$1,106.20$1,106.20McCoy Thomas & TraceyS.W. 24'8"-Lot 21
Laugesen, Willis & MargaretS.1/2-Lot 50$724.30$724.30
$1,146.40$1,146.40Dougherty, Donald & KaylenN.E. 22'- Lot 21
Schmalz, Benjamin N.1/2-Lot 51$724.30$724.30
$1,106.20$1,106.20Mcsperrin, Robert A.Lot 13
Lucas, Loretta & Mary L. Gershon S1/2-$1,045.90$1,045.90
Lot 51$885.10$885.10COOK'S ADDITION
Hammel, Gerald & CarolN.E. 1/2-Lot 54Kelly, Gene & ElmerialN.E. 26'-S.W.30'
$643.90$643.90-Lot 40 $724.30$724.30
Hammel, Jerry & CarolS.W.1/2-Lot 54Holz, FlorenceS.W. 1/2 -Lot 37
$643.90$643.90$724.30$724.30
JUNGK'S DUBUQUEJones, Everett & FrancesW. 66.53'-Lot 36
Rhomberg, Leonard & VeronicaLot 9$865.00$865.00
Herzog, Scott & Colleen M.1-Lot 10Clark, Carroll C.Lot 33
$664.00$664.00$744.40$744.40
Pregler, Brian D.N.E.1/2-Lot 11Bartels, David L.2-Lot 31
$664.00$664.00$724.30$724.30
Simon, Roger & TheresaS.W.1/2-Lot 11Schmitz, Charles D. & Carla M.1-Lot 31
$704.20$704.20$724.30$724.30
Nesteby, Ricky L. & Sharon R.Lot 12Walsh, John M. & Kathleen E.Lot 30
$684.10$684.10$724.30$724.30
Till, CarlS.W. 1/2-Lot 5Weber, Michael & Dolores1-Lot 29
$1,106.20$1,106.20$724.30$724.30
ERNST FENGLER'S ADDITIONHIGH STREET SUBDIVISION
Wickler, Kimberly A.N.E. 1/2-Lot 6Besler, Dale & Judy AnnLot 12
$684.10$684.10$724.30$724.30
Cocayne Mildred ChristinaS.W. 1/2-Lot 6Lightcap, ElsieLot 25
$684.10$684.10$1,025.80$1,025.80
Allen DebraS.E. 93'-Lot 5Miller, Gene & MadonnaLot 26
$684.10$684.10$1,025.80$1,025.80
Devenuta, Vincent & DeborahLot 3SMEDLEY'S SUBDIVISION
$1,126.30$1,126.30Schuster, Donald J.1-Lot 12
Rhomberg, Raymond & MarthaLot 30Juristic, Joseph G. & Marilynn1-Lot 11
$684.10$684.10$844.90$844.90
Bries, Dale & LynnS.W. 28 2/3-Lot 29Sullivan, GenevieveLot 17
$684.10$684.10$1,025.80$1,025.80
Schreyer ElizabethLot 28Winger, Michael J.Lot 18
Zenner, Keith & ChristineLot 24$1,025.80$1,025.80
$1,126.30$1,126.30Schirm, Steven & MarciaLot 19
WICK'S ADDITION$1,066.00$1,066.00
Viertel, Michael & KarlaN.E. 1/2-Lot 20Turner, Mary Lou TillLot 8
$1,206.70$1,206.70$784.60$784.60
Herber, Thomas & MaryLot 15Mihalakis, John & Billmeyer, RichardLot 10
$643.90$643.90$844.90$844.90
Roe, Bradford D.S.W. 1/2-Lot 16Kretz, Ernest & Mettel, Rita M.Lot 3
$643.90$643.90REIFSTECK'S SUBDIVISION
MCCRANEY'S 2ND ADDITIONPerfection Oil Co.Lot 1
Schiltz, Genevieve S.Lot 11TOTAL WATER SERVICE
$704.20$704.20ASSESSMENT:$86,426.60
Greiner, James & Kramer, Cheryl Lot 12TOTAL WATER SERVICE DISCONNECT
$684.10$684.10ASSESSMENT:$310.50
Hogan, Lloyd & CherylLot 13TOTAL NET ASSESSMENT: $86,737.10
$684.10$684.10Council Member Voetberg moved adoption
Hogan, Lloyd & CherylLot 14of the Resolution. Seconded by Council
$1488.80$1488.80Member Michalski. Carried by the following
Clarke, JuneS.32'-Lot 15vote: Yeas—Mayor Duggan, Council Members
$744.40$744.40Buol, Krieg, Michalski, Nicholson, Robbins,
HOOPER'S ADDITIONVoetberg. Nays—None.
Hoag, Ann M.Lot 20
$724.30$724.30City Manager recommending final approval
Delaney, Jacqueline M.Lot 19of 1996 P.C. Paving Project (Ramona St. &
$744.40$744.40 Pamela Ct.), presented and read. Council
Bottomly, James W. & Janice E.N.E.1/2-Member Voetberg moved that the
Lot 17$724.30$724.30communication be received and filed.
Sloan, Donald & BarbaraS.W. 1/2 17Seconded by Council Member Michalski.
$724.30$724.30Carried by the following vote: Yeas—Mayor
Regular Session, December 2, 1996
Duggan, Council Members Buol, Krieg,work) computed to the December 1 next
Michalski, Nicholson, Robbins, Voetberg.following the due dates of the respective
Nays—None. installments as provided in Section 384.65 of
the Code of Iowa. Each installment will be
RESOLUTION NO. 434-96delinquent from October 1 following its due
A RESOLUTION ADOPTING THE FINALdate on July 1 of each year. Property owners
ASSESSMENT SCHEDULE FOR THE 1996may elect to pay any annual installments
PORTLAND CEMENT CONCRETE PAVINGsemiannually in advance.
PROJECT INCLUDING CERTAINPassed, approved and adopted this 2nd
INFORMATION REQUIRED BY THE CODEday of December, 1996.
OF IOWA, SPECIFICALLY, THE NUMBERTerrance M. Duggan, Mayor
OF ANNUAL INSTALLMENTS INTO WHICHAttest: Mary A. Davis, City Clerk
ASSESSMENTS ARE DIVIDED, THECITY OF DUBUQUE, IOWA
INTEREST ON ALL UNPAIDSCHEDULE OF FINAL ASSESSMENTS
INSTALLMENTS, THE TIME WHEN THECITY OF DUBUQUE
ASSESSMENTS ARE PAYABLE AND1996 P.C. CONCRETE
DIRECTING THE CLERK TO CERTIFY THEPAVING PROJECT
FINAL SCHEDULE AND TO PUBLISHSCHEDULE OF FINAL ASSESSMENTS
NOTICE THEREOF.RAMONA STREET / PAMELA COURT
NOW THEREFORE, BE IT RESOLVEDThe following schedule is hereby
BY THE CITY COUNCIL OF THE CITY OFdetermined to show each lot proposed to be
DUBUQUE, IOWA:assessed for the improvement shown in the
That after full consideration of the finaltitle together with the amount proposed to be
schedule of assessments and accompanyingassessed against each lot and the valuations
plant showing the assessments proposed toshown opposite each lot are hereby fixed as
be made for the construction of the 1996the true valuations of such lots by the City
Portland Cement Concrete Paving ProjectCouncil of the City of Dubuque.
under contract with Horsfield Construction ofOWNERLOT DESCRIPTION TOTAL
Epworth, Iowa, which final plat and scheduleNET ASSESSMENT
were filed in the office of the City Clerk on theCOLUMBIA ADDITION
27th day of November, 1996, the saidKearney, Joseph D. & Joyce A.16
schedule of assessments be and the same is$743.92
hereby approved and adopted.Tracy L. Buddel7$1,882.49
That there be, and is hereby assessed andTracy L. Budde E. 1/2-18W/17
levied as a special tax against and upon eachKearney, Joseph D. & Joyce A.W. 1/2-18
of the lots, the respective sums indicated.W/16
Provided, further, that the amounts shown inKraus, Betty H.19$712.51
said final schedule of assessments asKraus, Betty H.20$743.55
deficiencies are found to be property an leviedPalmer, Merlin & Marcile 21$892.26
conditionally against the respective propertiesOeth, Annetta F.22$892.26
benefitted by the improvements as shown inBemis, Allen F. & Gladys B. 23$892.26
the schedule, subject to the provisions ofRippe, Keith & Kohlmann, Christine A.
Section 384.63 of the code of Iowa. Said24$892.26
assessments against said lots are herebySutton, Paul & Zita25$892.26
declared to be in proportion to the specialPuls, Robert & Jeanne A. 26$1078.15
benefits conferred and not in excess ofPuls, Robert & Jeanne A.N.10'-27W/26
twenty-five percent of the value of same.Nesler, Emily R.S.38'-27$1,449.93
That the City Clerk be and is herebyNesler, Emily R.28W/S 38'-27
directed to certify said schedule to the CountyLink, Wilmer J. & Edna F.E.50'-29
Treasurer of Dubuque County, Iowa, and to$1,208.64
publish notice of said certification once eachLink, Wilmer J. & Edna F.E.50'-30
week for two consecutive weeks in the mannerW/E.50'-29
provide in Section 362.3, the first publicationAnglin, Carl J. & Luane C.W.50'-29
of which shall be not more than fifteen days$468.81
from the date of filing of the final schedule. OnAnglin, Carl J. & Luane C.W.50'-30
or before the date of the second publication ofW/W.50'-29
the notice, the City Clerk shall also mail a copyAUGUST LUBS PLACE
of said notice to property owners whoseLange, David J. & Paula A. 3$1,534.13
property is subject to assessment, as providedReed, Maurice & Annette 4$1,163.29
and directed in Section 384.60 of the Code ofCOATES PLACE
Iowa.Peck, Randall & Nancy 2-1-1$1,539.53
That assessments may be paid in full or inPeck, Randall & Nancy 2-1W/2-1-1
part without interest at the office of the CountySTAPLETON SUBDIVISION
Treasurer, at any time within 30 days after theStapleton, Michael A.1-1-1-1$1,373.90
date of the first publication of this notice of theCampbell, Gary & Rebecca2-1-1-1
filing of the final schedule of assessments$1,358.10
with the County Treasurer. After 30 days,Robinson, Frank & Janice 2$1,904.80
unpaid assessments of $50.00 or more areHayes, Roger & Yvonne 3$1,692.51
payable in 10 annual installments and willDorr, Wilbur & Marie 4$1,924.87
draw annual interest at 9 percentLUBS RAMONA STREET PLACE
(commencing on the date of acceptance of theDorr, Wilbur & Marie 8$1,235.60
Regular Session, December 2, 1996
HERITAGE HEIGHTSHUD advising City of availability of funds
Archdiocese of Dubuque 1$840.96for Community Development Block Grants,
O'Brien, Marijo M. 2$230.87presented and read. Council Member
Gilloon, Arthur F. & Penny L. 3$124.73Voetberg moved that the communication be
LUBS RAMONA STREET PLACEreceived and filed. Seconded by Council
Farber, Frank F.4$930.37Member Michalski. Carried by the following
Grady, Ann Margaret3$1,609.05vote: Yeas—Mayor Duggan, Council Members
Mihal, Gust J.2$2,355.20Buol, Krieg, Michalski, Nicholson, Robbins,
Fleege, Karl J. & Karen A. 1$1,802.19Voetberg. Nays—None.
AUGUST LUBS
Fleege, Karl J. & Karen A. 1-2W/1City Manager recommending approval of an
Powers, Dennis & Martha A. 2-2$1,197.49Entrepreneurship Training Program,
ADELINE PLACEpresented and read. Council Member
Childers, Wray F. & Joanne C. 2$1,854.98Voetberg moved that the communication be
McCarten, Robert & Patricia 1-1$642.80received and filed. Seconded by Council
Topf, Mark D. & Elizabeth M. 2-1$134.21Member Michalski. Carried by the following
M. WALTERS SUBDIVISIONvote: Yeas—Mayor Duggan, Council Members
Hill, Paul E. & Helene M. 1-14$1,798.47Buol, Krieg, Michalski, Nicholson, Robbins,
Hill, Paul E. & Helene M. 1-13W/1-14Voetberg. Nays—None.
Area Residential Care Foundation
12$736.69RESOLUTION 435-96
Area Residential Care FoundationA RESOLUTION APPROVING A
11W/12CONTRACT FOR SERVICES TO PROVIDE
Area Residential Care FoundationAN ENTREPRENEURSHIP TRAINING
10W/12PROGRAM AND AUTHORIZING THE CITY
Powers, Ronald J. & Catherine M.MANAGER TO EXECUTE SAID
2-15$1,398.81CONTRACT WITH THE NORTHEAST
Powers, Ronald J. & Catherine M.IOWA SMALL BUSINESS DEVELOPMENT
2-14W/2-15CENTER.
Powers, Ronald J. & Catherine M.Whereas, the City of Dubuque, Iowa has
2-13W/2-15identified the need for expanded economic
Spensley, Gloria C.1-16$1,263.30opportunities for low and moderate income
Area Residential Care Foundationpersons; and
1-15W/12Whereas, the City's Consolidated Plan for
Area Residential Care FoundationHousing and Community Development has
2-16W/12recommended an Enterprise Opportunity
A.H. OETH PLACEProgram to assist low and moderate income
Trustee of Degman, Donald & Ann Trustentrepreneurs; and
7$42.38Whereas, the current City budget has
THOMAS HICKEY PLACEallocated Community Development Block
Smith, George W. & Colleen M.Grant funds for an Enterprise Opportunity
1-1-1$1,187.45Program to provide training and loans for low
Billmeyer, Richard & Ruthand moderate income persons to become self-
S.45'-2-1$1,079.64sufficient through self-employment; and
Billmeyer, Richard & RuthWhereas, the Northeast Iowa Small
2-1-1W/S 45'2-1Business Development Center has certified
Hartman, Wm. C. & Meritta H.staff to provide entrepreneurship training to
1-2$1,459.59individuals interested in starting their own
Hartman, Wm. C. & Meritta H.business.
N.15'-2-1W/1-2NOW, THEREFORE, BE IT RESOLVED
Fairfield, Mildred M.2-2$1,593.80BY THE CITY COUNCIL OF THE CITY OF
Columbia AdditionDUBUQUE, IOWA:
Fairfield, Mildred M.Section 1. That a contract for services
2-31W/2-2with the Northeast Iowa Small Business
Hemmer, Andrew C.Development Center to provide
1-31$1,451.04entrepreneurship training for low and
MINERAL LOT 45moderate income persons is hereby approved.
Fairfield, Mildred M.Section 2.That the City Manager is
2-N.PT.-W.1/2-6W/2-2hereby authorized to execute, on behalf of the
Sanders, Thomas & Sally City Council of the City of Dubuque, Iowa, a
1-N.PT.-W 1/2-6$645.22contract with the Northeast Iowa Small
Sanders, Thomas & SallyBusiness Development Center for consultant
N. 115'-E.1/2-6$220.84services not to exceed $7,870.
TOTAL NET ASSESSMENTS$51,076.11Passed, approved and adopted this 2nd
Council Member Voetberg moved adoptionday of December, 1996.
of the Resolution. Seconded by CouncilTerrance M. Duggan, Mayor
Member Michalski. Carried by the followingAttest: Mary A. Davis, City Clerk
vote: Yeas—Mayor Duggan, Council MembersCouncil Member Voetberg moved adoption
Buol, Krieg, Michalski, Nicholson, Robbins,of the Resolution. Seconded by Council
Voetberg. Nays—None. Member Michalski. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Regular Session, December 2, 1996
Buol, Krieg, Michalski, Nicholson, Robbins,a Liquor License.
Voetberg. Nays—None. Passed, approved and adopted this 2nd
day of December, 1996.
City Manager submitting informationTerrance M. Duggan, Mayor
regarding Iowa League of Cities ConferenceAttest: Mary A. Davis, City Clerk
for Fiscal Year 1999, presented and read.Council Member Voetberg moved adoption
Council Member Voetberg moved that theof the Resolution. Seconded by Council
communication be received and filed.Member Michalski. Carried by the following
Seconded by Council Member Michalski.vote: Yeas—Mayor Duggan, Council Members
Carried by the following vote: Yeas—MayorBuol, Krieg, Michalski, Nicholson, Robbins,
Duggan, Council Members Buol, Krieg,Voetberg. Nays—None.
Michalski, Nicholson, Robbins, Voetberg.
Nays—None. BOARDS AND COMMISSIONS:
Applicants seeking appointment to
RESOLUTION NO. 436-96following Boards/Commissions invited to
Whereas, applications for Beer Permitsaddress the Council to express their desire(s)
have been submitted and filed to this Councilto serve.
for approval and the same have been
examined and approved; and HISTORIC PRESERVATION COMMISSION:
Whereas, the premises to be occupied byApplicant - Sheila Burke Manthey.
such applicants were inspected and found to
comply with the Ordinances of this City andZONING ADVISORY COMMISSION:
have filed proper bonds.Applicants - Don Lochner, Robert Nagle and
NOW, THEREFORE, BE IT RESOLVEDRon Smith. Robert Nagle spoke.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:APPOINTMENT to Electrical Code Board
That the Manager be authorized to cause toApplicant - James Dixon. Council Member
be issued the following named applicants aMichalski moved that James Dixon be
Beer Permit.reappointed to the Electrical Code Board for a
Class “C” Beer Permitterm which will expire on 5-21-99. Seconded
Iowa Oil CompanyIOCO Speede Shoppe#by Council Member Robbins. Carried by the
17+Sunday Sales)2150 Twin Valley following vote: Yeas—Mayor Duggan, Council
Passed, approved and adopted this 2ndMembers Buol, Krieg, Michalski, Nicholson,
day December of 1996.Robbins, Voetberg. Nays—None.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City ClerkCouncil Member Voetberg moved that the
Council Member Voetberg moved adoptionrules be suspended to allow those present to
of the Resolution. Seconded by Councilspeak if they so desire. Seconded by Council
Member Michalski. 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. 437-96Proof of publication certified to by the
Whereas, applications for Liquor Licensespublisher on Notice of Hearing to consider
have been submitted to this Council fordisposing of City’s interest in property located
approval and the same have been examinedat the corner of North Grandview and
and approved; andKaufmann Ave. to John C. & Lavon C. Scherf;
Whereas, the premises to be occupied byPetition containing 74 signatures objecting to
such applicants were inspected and found tothe sale of city property between Kaufmann
comply with the State Laws and all CityAvenue and North Grandview intersection; and
Ordinances relevant thereto and they haveCity Manager recommending to proceed with
filed proper bonds.sale of property, presented and read. Council
NOW, THEREFORE, BE IT RESOLVEDMember Voetberg moved that the proof,
BY THE CITY COUNCIL OF THE CITY OFpetition and communication be received and
DUBUQUE, IOWA:filed. Seconded by Council Member Buol.
CLASS (B) HOTEL/MOTEL Carried by the following vote: Yeas—Council
BEER & LIQUOR LICENSEMembers Buol, Krieg, Michalski, Robbins,
WBC, Inc.Hoffman HouseVoetberg. Nays—Mayor Duggan, Council
/3100 Club+3100 DodgeMember Nicholson.
(Sunday & Outdoor Ser)
Design CenterJulien InnJohn Scherf spoke requesting approval of
+(Sunday Sales)200 Main St.the sale of property. Cliff Winner, Mike Day
CLASS "C" (COMMERCIAL) and Deb Kretz spoke objecting to the sale,
BEER & LIQUOR LICENSErequesting it be kept as a neighborhood park.
Mindy J. Lewin Jorja’s Rest &
Lounge+(Sunday Sales)225 W 6thRESOLUTION NO. 438-96
JD,BS,& SW LTDHooligan’s Sports BarWhereas, pursuant to resolution and
+(Sunday Sales)2600 Dodgepublished notice of time and place of hearing,
That the Manager be authorized to cause topublished in the Telegraph Herald, a
be issued the following named applicantsnewspaper of general circulation published in
Regular Session, December 2, 1996
the City of Dubuque, Iowa on 22nd day ofYeas—Mayor Duggan, Council Members
November, 1996, the City Council of the CityBuol, Krieg, Michalski, Nicholson, Robbins,
of Dubuque, Iowa met on the 2nd day ofVoetberg. Nays—None.
December, 1996, at 7:00 p.m. in the Public
Library Auditorium, 11th and Locust,An Ordinance Amending Zoning Map by
Dubuque, Dubuque County, Iowa to considerreclassifying property located at 2263-2265
the proposal for the sale of real estateElm Street from R-2A Alternate Two-Family
described as:Residential District to CS Commercial Service
Lot 3 of Burton’s Second Addition in theand Wholesale District, with first & second
City of Dubuque, Iowa to John C. andreadings given on 11-18-96, presented for
Lavon C. Scherf; andfinal action.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all(OFFICIAL PUBLICATION)
objections, oral or written, to the proposal toORDINANCE NO. 55-96
dispose of interest of the City of Dubuque,AN ORDINANCE AMENDING APPENDIX A
Iowa, except for easements as noted, in the(THE ZONING ORDINANCE) OF THE CITY
hereinabove described real estate to John C.OF DUBUQUE CODE OF ORDINANCES,
and Lavon C. Scherf.BY RECLASSIFYING HEREINAFTER
NOW, THEREFORE, BE IT RESOLVEDDESCRIBED PROPERTY LOCATED AT
BY THE CITY COUNCIL OF THE CITY OF2263-2265 ELM STREET FROM R-2A
DUBUQUE, IOWA:ALTERNATE TWO-FAMILY RESIDENTIAL
Section 1. That the disposal of the interestDISTRICT TO CS COMMERCIAL SERVICE
of the City of Dubuque, Dubuque county, IowaAND WHOLESALE DISTRICT.
in real property described as Lot 3 of Burton’sNOW, THEREFORE, BE IT ORDAINED
Second Addition in the City of Dubuque, IowaBY THE CITY COUNCIL OF THE CITY OF
to John C. and Lavon C. Scherf be and theDUBUQUE, IOWA:
same is hereby approved for the sum ofSection 1. That Appendix A (the Zoning
$24,500.00 plus cost of publication, plattingOrdinance) of the City of Dubuque Code of
and filing fees, conveyance shall be by QuitOrdinances is hereby amended by
Claim Deed, and the conveyance by John C.reclassifying the hereinafter described
and Lavon C. Scherf to the City of Dubuque ofproperty from R-2 Alternate Two-Family
Lot A of Burton’s Third Addition.Residential District to CS Commercial Service
Section 2. That the Mayor be authorizedand Wholesale District, to wit:
and directed to execute a Quit Claim Deed,Lot 1-1-1-3-103 L.H. Langworthy's Addition,
and the City Clerk be and is hereby authorizedand to the center line of the adjoining public
and directed to deliver said deed ofright-of-way, all in the City of Dubuque, Iowa.
conveyance to the above named granteesSection 2. The foregoing amendment has
upon receipt of the purchase price in full.heretofore been reviewed by the Zoning
Section 3. The City of Dubuque reservesAdvisory Commission of the City of Dubuque,
unto itself a perpetual easement including theIowa.
right of ingress and egress thereto, for theSection 3. This ordinance shall take effect
purpose of erecting, installing, constructing,immediately upon publication, as provided by
reconstructing, repairing, owning, operating,law.
and maintaining water, sewer, drainage, gasPassed, approved and adopted this 2nd
telephone, t.v. cable, and electric lines as mayday of December, 1996.
be authorized by the City of Dubuque, Iowa,Terrance M. Duggan, Mayor
as shown on said plat.Attest: Mary A. Davis, City Clerk
Section 4. That the City Clerk be and isPublished officially in the Telegraph Herald
hereby authorized and directed to record a
newspaper this 9th day of December, 1996.
certified copy of this resolution in the office of
1t 12/9 Mary A. Davis CMC, City Clerk
the City Assessor, Dubuque County Recorder
Council Member Voetberg moved final
and the Dubuque County Auditor.
consideration and passage of the Ordinance.
Passed, approved and adopted this 2nd
Seconded by Council Member Robbins.
day of December, 1996.Carried by the following vote: Yeas—Mayor
Terrance M. Duggan, MayorDuggan, Council Members Buol, Krieg,
Attest: Mary A. Davis, City ClerkMichalski, Nicholson, Robbins, Voetberg.
Council Member Voetberg moved adoptionNays—None.
of the Resolution. Seconded by Council
Member Buol. Carried by the following vote:Proof of publication certified to by the
Yeas—Council Members Buol, Krieg,publisher on Notice of Public Hearing to
Michalski, Robbins, Voetberg. Nays-Mayorconsider reclassifying property located at
Duggan, Council Member Nicholson.1704, 1710, 1728 and 1730 Elm Street from
R-2A to LI District, presented and read.
Proof of publication certified to by theCouncil Member Buol moved that the proof be
publisher on Notice of Public Hearing to
received and filed. Seconded by Council
consider reclassifying property located at
Member Nicholson. Carried by the following
2263-2265 Elm Street from R-2A to CS
vote: Yeas—Mayor Duggan, Council Members
District, presented and read. Council Member
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg moved that the proof be received
Voetberg. Nays—None.
and filed. Seconded by Council Member
Michalski. Carried by the following vote:
An Ordinance Amending Zoning Map by
Regular Session, December 2, 1996
reclassifying property located at 1704, 1710,Clerk of Dubuque, Iowa, for the Construction
1728 and 1730 Elm Street from R-2Aof an Addition to the Mechanic’s Building at
Alternate Two-Family Residential District to LIPark Maintenance Headquarters.
Light Industrial District, with first and secondWhereas, notice of hearing on plans,
readings given at the Council Meeting of 11-specifications, form of contract, and estimated
18-96, presented for final action. cost was published as required by law.
NOW, THEREFORE, BE IT RESOLVED
(OFFICIAL PUBLICATION)BY THE CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 56-96DUBUQUE, IOWA:
AN ORDINANCE AMENDING APPENDIX AThat the said plans, specifications, form of
(THE ZONING ORDINANCE) OF THE CITYcontract and estimated cost are hereby
OF DUBUQUE CODE OF ORDINANCES,approved as the plans, specifications, form of
BY RECLASSIFYING HEREINAFTERcontract and estimated cost for said
DESCRIBED PROPERTY LOCATED ATimprovements for said project.
1704, 1710, 1728 AND 1730 ELM STREETPassed, approved and adopted this 2nd
FROM R-2A ALTERNATE TWO-FAMILYday of December, 1996.
RESIDENTIAL DISTRICT TO LI LIGHTTerrance M. Duggan, Mayor
INDUSTRIAL DISTRICT.Attest: Mary A. Davis, City Clerk
NOW, THEREFORE, BE IT ORDAINEDCouncil Member Voetberg moved adoption
BY THE CITY COUNCIL OF THE CITY OFof the Resolution. Seconded by Council
DUBUQUE, IOWA:Member Michalski. Carried by the following
Section 1. That Appendix A (the Zoningvote: Yeas—Mayor Duggan, Council Members
Ordinance) of the City of Dubuque Code ofBuol, Krieg, Michalski, Nicholson, Robbins,
Ordinances is hereby amended byVoetberg. Nays—None.
reclassifying the hereinafter described
property from R-2A Alternate Two-FamilyProof of publication certified to by the
Residential District to LI Light Industrialpublisher on Notice to Bidders of the Receipt
District, to wit:of Bids for project and City Manager
The S 1/2 and N 1/2 of Lot 176 and the S 1/2recommending to award contract for project,
and N 1/2 of Lot 175, East Dubuque Addition,presented and read. Council Member
and to the center line of the adjoining publicVoetberg moved that the proof and
right-of-way, all in the City of Dubuque, Iowa.communication be received and filed.
Section 2. The foregoing amendment hasSeconded by Council Member Michalski.
heretofore been reviewed by the ZoningCarried by the following vote: Yeas—Mayor
Advisory Commission of the City of Dubuque,Duggan, Council Members Buol, Krieg,
Iowa.Michalski, Nicholson, Robbins, Voetberg.
Section 3. This ordinance shall take effectNays—None.
immediately upon publication, as provided by
law.RESOLUTION NO. 440-96
Passed, approved and adopted this 2ndAWARDING CONTRACT
day of December, 1996.Whereas, sealed proposals have been
Terrance M. Duggan, Mayorsubmitted by contracts for the Mechanic’s
Attest: Mary A. Davis, City ClerkBuilding Addition Project pursuant to
Published officially in the Telegraph HeraldResolution No. 383-96, and notice to bidders
published in a newspaper published in the City
newspaper this 9th day of December, 1996.
of Dubuque, Iowa, on the 1st of November,
1t 12/6Mary A. Davis CMC, City Clerk
1996.
Council Member Buol moved final
Whereas, said sealed proposals were
consideration and passage of the Ordinance.
opened and read on the 14th day of
Seconded by Council Member Nicholson.
November, 1996, and it has been determined
Carried by the following vote: Yeas—Mayor
that the bid of Mike Strub Construction in the
Duggan, Council Members Buol, Krieg,
amount of $31,328 was the lowest bid for the
Michalski, Nicholson, Robbins, Voetberg.
furnishings of all labor and materials and
Nays—None.
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
Specs. for construction of Mechanic’s BuildingBY THE CITY COUNCIL OF THE CITY OF
Addition, presented and read. Council MemberDUBUQUE, IOWA:
Voetberg moved that the proof be receivedThat the contract for the above
and filed. Seconded by Council Memberimprovement be awarded to Mike Strub
Michalski. Carried by the following vote:Construction, and the Manager be and is
Yeas—Mayor Duggan, Council Membershereby directed to execute a contract on
Buol, Krieg, Michalski, Nicholson, Robbins,behalf of the City of Dubuque for the complete
Voetberg. Nays—None. performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
RESOLUTION NO. 439-96
the approval of the contractor’s bond, the City
RESOLUTION ADOPTING PLANS
Treasurer is authorized and instructed to
AND SPECIFICATIONS
return the bid deposits of the unsuccessful
Whereas, on the 22nd day of October,
bidders.
1996, plans, specifications, form of contract
Passed, approved and adopted this 2nd
and estimated cost were filed with the City
Regular Session, December 2, 1996
day of December, 1996.Voetberg. Nays—None.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkECIA recommending nominations to a new
Council Member Voetberg moved adoptionregional workforce development board
of the Resolution. Seconded by Councilpresented. The Mayor requested that any
Member Michalski. Carried by the followingCouncil Member who is interested is
vote: Yeas—Mayor Duggan, Council Membersencouraged to apply.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. Appointment of City designees to Dubuque
Racing Association Board of Directors,
Proof of publication certified to by thecurrently the Mayor and City Manager and
publisher on Notice of Public Hearing toCouncil Members Voetberg and Buol are the
consider amending the lease with Finleyappointees. Council Member Voetberg urged
Hospital to construct a parking area andreplacement of himself on this Board as he is
Communications from The Finley Hospital andunable to attend the meetings. Council
TCI of Iowa, Inc., supporting the proposedMember Voetberg moved that Council
construction of a parking area near the TCIMember Roy Buol be reappointed and
Building, presented and read. Council MemberCouncil Member Ann Michalski appointed.
Buol moved that the proof and communicationSeconded by Council Member Nicholson.
be received and filed. Seconded by CouncilCarried by the following vote: Yeas—Mayor
Member Robbins. Carried by the followingDuggan, Council Members Buol, Michalski,
vote: Yeas—Mayor Duggan, Council MembersNicholson, Robbins, Voetberg. Nays—None.
Buol, Krieg, Michalski, Nicholson, Robbins,Abstain—Council Member Krieg.
Voetberg. Nays—None.
City Manager reporting on replacement of
RESOLUTION NO. 441-96tree as requested by Mr. Milton Boyes,
RESOLUTION AMENDING THE LEASE OFpresented and read. Council Member Robbins
A PORTION OF LOT 25 OF THE FINLEYmoved that the communication be received
HOME ADDITION TO THE FINLEYand filed and concurred with the
HOSPITAL TO ADD A PORTION OF LOTrecommendation. Seconded by Council
32c FOR A FOUR-STALL CONCRETEMember Nicholson. Carried by the following
PARKING AREA.vote: Yeas—Mayor Duggan, Council Members
Whereas, published notice of date, time,Buol, Krieg, Michalski, Nicholson, Robbins,
and place of a public hearing, published in theVoetberg. Nays—None.
Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,City Manager recommending approval of
Iowa, on the 22nd day of November, 1996, the$20,000 compensation to GDDC, presented
City Council of the City of Dubuque, Iowa metand read. Council Member Voetberg moved
on the 2nd day of December, 1996 at 7:00that the communication be received and filed
p.m. in the Public Library Auditorium, Eleventhand recommendation be approved. Seconded
and Locust Streets, Dubuque, Iowa, toby Council Member Michalski. Carried by the
consider amending an existing lease of certainfollowing vote: Yeas—Mayor Duggan, Council
real property to add a portion of Lot 32c to theMembers Buol, Krieg, Michalski, Nicholson,
leased property as set forth in the LeaseRobbins, Voetberg. Nays—None.
Amendment Agreement between the City of
Dubuque and the Finley Hospital, a copy ofCity Manager recommending approval of
which is attached hereto and incorporatedamendment to FY’97 Annual Action Plan,
herein by reference; andpresented and read. Council Member Buol
Whereas, the City Council of the City ofmoved that the communication be received
Dubuque, Iowa, overruled any and alland filed. Seconded by Council Member
objections, oral or written, to this amendmentNicholson. Carried by the following vote:
to the lease agreement; Yeas—Mayor Duggan, Council Members
NOW THEREFORE, BE IT RESOLVEDBuol, Krieg, Michalski, Nicholson, Robbins,
BY THE CITY COUNCIL OF THE CITY OFVoetberg. Nays—None.
DUBUQUE, IOWA:
Section 1. The Lease AmendmentRESOLUTION NO. 442-96
Agreement between the City of Dubuque andRESOLUTION APPROVING AN
the Finley Hospital, a copy of which isAMENDMENT TO THE 1997 ANNUAL
attached hereto, is hereby approved.ACTION PLAN BY INCORPORATING
Section 2. The City Manager is authorizedCOMMUNITY DEVELOPMENT BLOCK
and directed to execute the Lease AmendmentGRANT FUNDS FOR PROGRAM YEAR 20
Agreement on behalf of the City of Dubuque.( JULY 1, 1994 THROUGH JUNE 30, 1995),
Passed, approved and adopted this 2ndPROGRAM YEAR 21 (JULY 1, 1995
day of Dec., 1996.THROUGH JUNE 30,1996) AND PROGRAM
Terrance M. Duggan, MayorYEAR 22 (JULY 1, 1996 THROUGH JUNE
Attest: Mary A. Davis, City Clerk30, 1996)
Council Member Buol moved adoption ofWhereas, the City of Dubuque prepared
the Resolution. Seconded by Council Memberand filed a Final Statement of Community
Robbins. Carried by the following vote:Development Objectives and Projected Use of
Yeas—Mayor Duggan, Council MembersFunds for Program Year 20 and an Annual
Buol, Krieg, Michalski, Nicholson, Robbins,Action Plan for Program Years 21 and 22; and
Regular Session, December 2, 1996
Whereas, the City of Dubuque now desiresSUBSECTION (C) OF SECTION 32-231
to amend said Statement and Annual Plans asTHEREOF PROVIDING FOR THE
per the attached Exhibit A: andESTABLISHMENT OF SPEED LIMITS ON
Whereas, said amendment is a substantialDODGE STREET (U.S. HIGHWAY 20) AND
amendment as provided in the City's CitizenTHE RAMP CONNECTORS BETWEEN
Participation Plan and must therefore beGRANDVIEW AVENUE AND FREMONT
approved by resolution of the City CouncilAVENUE
after a public hearing by the CommunityNOW, THEREFORE, BE IT ORDAINED
Development Advisory Commission; andBY THE CITY COUNCIL OF THE CITY OF
Whereas, the City advertised a publicDUBUQUE, IOWA:
comment period beginning October 16,1996;Section 1. That the Code of Ordinances of
andthe City of Dubuque, Iowa be amended by
Whereas, the Community Developmentdeleting Dodge Street (U.S. Highway 20) from
Advisory Commission reviewed the proposedSubsection (c) of Section 32-231 thereof as
amendments at a public hearing on Novemberfollows:
19, 1996, and has voted to approve said“Sec. 32-231. Limits Generally.
amendments and to recommend approval by(c)
the City Council.* * * THIRTY-FIVE (35)
NOW THEREFORE, BE IT RESOLVEDDodge Street (U.S. Highway 20), Locust
BY THE CITY COUNCIL OF THE CITY OFStreet to a point one thousand one hundred
DUBUQUE, IOWA:feet (1100') west of Devon Drive.
Section 1. That the Final Statement ofFORTY-FIVE (45) MILES PER HOUR
Community Development Objectives andDodge Street (U.S. Highway 20), from a
Projected Use of Funds for the Communitypoint one thousand one hundred feet
Development Block Grant Program Year 20(1100') west of Devon Drive to a point five
and the Annual Action Plans for Programhundred feet (500') east of Crescent Ridge
Years 21 and 22 are hereby rescinded and theRoad.
balance of funds from these plans isSection 2. That the Code of Ordinances of
incorporated into an amendment to the 1997the City of Dubuque, Iowa be amended by
Annual Action Plan hereto attached as Exhibitadding Dodge Street (U.S. Highway 20) and
A.the on/off ramps to Subsection (c) of Section
Section 2. That the Community32-231 thereof as follows:
Development Block Grant 22nd Program Year“Sec. 32-231. Limits Generally.
1997 Annual Action Plan Amendment hereto
attached as Exhibit A is hereby approved.TWENTY-FIVE (25) MILES PER HOUR* * *
Section 3. That the City Manager is herebyWestbound ramp connector, from
authorized and directed to submit a copy ofGrandview Avenue to Lombard Street.
this resolution to the U. S. Department ofEastbound ramp connector, from Fremont
Housing and Urban Development.Avenue to Grandview Avenue.
Passed, approved and adopted this 2nd* * * THIRTY-FIVE (35) MILES PER HOUR
day of December, 1996.Dodge Street (U.S. Highway 20), Locust
Terrance M. Duggan, MayorStreet to a point one thousand one hundred
Mary A. Davis, City Clerk(1100) feet west of Locust Street.
Council Member Buol moved adoption ofFORTY-FIVE (45) MILES PER HOUR
the Resolution. Seconded by Council MemberDodge Street (U.S. Highway 20), from a
Nicholson. Carried by the following vote:point one thousand one hundred (1100)
Yeas—Mayor Duggan, Council Membersfeet west of Locust Street to a point five
Buol, Krieg, Michalski, Nicholson, Robbins,hundred (500) feet east of Crescent Ridge
Voetberg. Nays—None. Road.
Passed, approved and adopted this 2nd
City Manager submitting an Ordinanceday of December, 1996.
providing for speed limits for portion of DodgeTerrance M. Duggan, Mayor
St. (U.S. Highway #20), presented and read.Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved that thePublished officially in the Telegraph Herald
communication be received and filed.newspaper this 9th day of December, 1996.
Seconded by Council Member Buol. Carried1t 12/9Mary A. Davis CMC, City Clerk
by the following vote: Yeas—Mayor Duggan,Council Member Voetberg moved that the
Council Members Buol, Krieg, Michalski,requirement that a proposed Ordinance be
Nicholson, Robbins, Voetberg. Nays—None.considered and voted on for passage at two
Council Meetings prior to the meeting at which
An Ordinance Amending Code ofit is to be finally passed be suspended.
Ordinances providing for establishment ofSeconded by Council Member Buol. Carried
speed limits on Dodge Street and Rampby the following vote: Yeas—Mayor Duggan,
Connectors between Grandview Ave. &Council Members Buol, Krieg, Michalski,
Fremont Ave., presented and read.
Nicholson, Robbins, Voetberg. Nays—None.
Council Member Voetberg moved final
(OFFICIAL PUBLICATION)
consideration and passage of the Ordinance.
ORDINANCE NO. 57-96
Seconded by Council Member Buol. Carried
AN ORDINANCE AMENDING THE CODE
by the following vote: Yeas—Mayor Duggan,
OF ORDINANCES OF THE CITY OF
Council Members Buol, Krieg, Michalski,
DUBUQUE, IOWA BY REVISING
Nicholson, Robbins, Voetberg. Nays—None.
Regular Session, December 2, 1996
City Manager requesting to set a publicPermit District.
hearing for December 16th to considerSection 2. That the City Clerk be authorized
annexing property as requested by Edwardand directed to publish a notice of public
Tschiggfrie, presented and read. Councilhearing on the designation of the above
Member Buol moved that the communicationdescribed area as amended Residential
be received and filed. Seconded by CouncilParking Permit District "B", to be held on
Member Voetberg. Carried by the followingDecember 16, 1996.
vote: Yeas—Mayor Duggan, Council MembersPassed, approved and adopted this 2nd
Buol, Krieg, Michalski, Nicholson, Robbins,day of December, 1996.
Voetberg. Nays—None. Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved that a PublicCouncil Member Michalski moved adoption
Hearing be held on 12-16-96 at 7:00 p.m. inof the Resolution, setting the Public Hearing
the Public Library Auditorium and that the Cityfor 12-16-96 at 7:00 p.m. in the Public Library
Clerk publish notice in the manner prescribedAuditorium and directing the City Clerk to
by law for action on a Resolution Annexingpublish notice in the manner prescribed by
certain property to the City of Dubuque, Iowa.law. Seconded by Council Member Buol.
(12 acres located South of Highway 20 acrossCarried by the following vote: Yeas—Mayor
from the entrance to old Highway 20.Duggan, Council Members Buol, Krieg,
Seconded by Council Member Voetberg.Michalski, Nicholson, Robbins, Voetberg.
Carried by the following vote: Yeas—MayorNays—None.
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.City Manager submitting bidding document
Nays—None. providing for the Construction of Mooring for
Delta Queen, presented and read. Council
City Manager recommending to hold aMember Nicholson moved that the
public hearing to consider an amendment tocommunication be received and filed.
the Residential Parking Permit District “B”,Seconded by Council Member Voetberg.
presented and read. Council MemberCarried by the following vote: Yeas—Mayor
Michalski moved that the communication beDuggan, Council Members Buol, Krieg,
received and filed. Seconded by CouncilMichalski, Nicholson, Robbins, Voetberg.
Member Buol. Carried by the following vote:Nays—None.
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,RESOLUTION NO. 444-96
Voetberg. Nays—None. PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
RESOLUTION NO. 443-96NOW THEREFORE, BE IT RESOLVED
RESOLUTION SETTING A PUBLICBY THE CITY COUNCIL OF THE CITY OF
HEARING ON AMENDING RESIDENTIALDUBUQUE, IOWA:
PARKING PERMIT DISTRICT "B" ASThat the proposed plans, specifications,
DEFINED BY SECTION 32-395 OF THEform of contract and estimated cost for the
CODE OF ORDINANCES TO INCLUDE THEMooring Dolphins for Delta Queen Landing
EAST SIDE OF BLUFF STREET FROMSite, in the estimated amount of $66,775.00,
WEST FIRST STREET TO WEST THIRDare hereby approved and ordered filed in the
STREEToffice of the City Clerk for public inspection.
Whereas, the City of Dubuque, pursuant toPassed, adopted and approved this 2nd
Section 32-383 of the Code of Ordinances,day of December, 1996.
has received a petition containing sufficientTerrance M. Duggan, Mayor
signatures requesting that the east side ofAttest: Mary A. Davis, City Clerk
Bluff Street from West First Street to WestCouncil Member Nicholson moved adoption
Third Street be included in Residential Parkingof the Resolution. Seconded by Council
Permit District "B"; andMember Voetberg. Carried by the following
Whereas, pursuant to said Section 32-383,vote: Yeas—Mayor Duggan, Council Members
the City Manager has caused a parking studyBuol, Krieg, Michalski, Nicholson, Robbins,
of the area identified above to be undertaken;Voetberg. Nays—None.
and
Whereas, the City Manager, based uponRESOLUTION NO. 445-96
results of the study, and in accordance withFIXING DATE OF HEARING ON
Section 32-383, recommends that the area bePLANS AND SPECIFICATIONS
designated as a Residential Parking PermitWhereas, the City Council of the City of
District and that existing Residential ParkingDubuque, Iowa has given its preliminary
Permit District "B" should be amended toapproval on the proposed plans,
include the east side of Bluff Street from Westspecifications, and form of contract and
First Street to West Third Street.placed same on file in the office of the City
NOW, THEREFORE, BE IT RESOLVEDClerk for public inspection of the Mooring
BY THE CITY COUNCIL OF THE CITY OFDolphins for Delta Queen Landing Site.
DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED
Section 1. That the City Council finds andBY THE CITY COUNCIL OF THE CITY OF
determines that a valid petition has beenDUBUQUE, IOWA:
received for the designation of the aboveThat on the 6th day of January, 1997, a
described area as a Residential Parkingpublic hearing will be held at 7:00 p.m. in the
Regular Session, December 2, 1996
Public Library Auditorium at which timeBuol, Krieg, Michalski, Nicholson, Robbins,
interested persons may appear and be heardVoetberg. Nays—None.
for or against the proposed plans and
specifications, form of contract and cost ofRESOLUTION NO. 447-96
said improvement, and the City Clerk be andRESOLUTION PROVIDING FOR NOTICE
is hereby directed to cause a notice of timeOF THE DATE, TIME AND PLACE OF A
and place of such hearing to be published in aPUBLIC HEARING ON AN ORDINANCE
newspaper having general circulation in theESTABLISHING THE KENNEDY/BONSON
City of Dubuque, Iowa, which notice shall beROAD SANITARY SEWER INTERCEPTOR
not less than four days nor more than twentyDISTRICT AND A SCHEDULE OF
days prior to the day fixed for its consideration.CONNECTION FEES
At the hearing, any interested person mayWhereas, the City Council of the City of
appear and file objections to the proposedDubuque, Iowa, proposes to establish, by
plans, specifications, contract, or estimatedOrdinance after notice of a public hearing, the
cost of the improvement.Kennedy/Bonson Road Sanitary Sewer
Passed, adopted and approved this 2ndInterceptor District and to provide a schedule
day of December, 1996.of connection fees therefor; and
Terrance M. Duggan, MayorWhereas, Iowa Code Section 384.38(3)
Attest: Mary A. Davis, City Clerkrequires notice and a public hearing on such
Council Member Nicholson moved adoptionOrdinance;
of the Resolution. Seconded by CouncilNOW, THEREFORE, BE IT RESOLVED
Member Voetberg. Carried by the followingBY THE CITY COUNCIL OF THE CITY OF
vote: Yeas—Mayor Duggan, Council MembersDUBUQUE, IOWA:
Buol, Krieg, Michalski, Nicholson, Robbins,Section 1. The City Clerk is hereby
Voetberg. Nays—None. authorized and directed to publish notice of
the date, time and place of the hearing on said
RESOLUTION NO. 446-96proposed Ordinance, which hearing shall be
ORDERING BIDSon January 6, 1997, at 7:00 p.m. in the Public
NOW THEREFORE, BE IT RESOLVEDLibrary Auditorium in the City of Dubuque,
BY THE COUNCIL OF THE CITY OFIowa, such publication to be once each week
DUBUQUE, IOWA:for two consecutive weeks in the manner
That the Mooring Dolphins for Delta Queenprovided by Section 362.3, the first publication
Landing Site is hereby ordered to beof which shall be not less than ten (10) days
advertised for bids for construction.before the date of the hearing.
BE IT FURTHER RESOLVED, that theSection 2. The notice shall be in
amount of the security to accompany each bidsubstantially the following form:
shall be in an amount which shall conform toNotice to Property Owners
the provisions of the notice to bidders herebyNotice is given that there is now on file for
approved as a part of the plans andpublic inspection in the office of the Clerk
specifications heretofore adopted.of the City of Dubuque, City Hall, Dubuque,
That the City Clerk is hereby directed toIowa, a proposed Ordinance establishing
advertise for bids for the construction of thethe Kennedy/Bonson Road Sanitary Sewer
improvements herein provided, to be publishedInterceptor District and providing for
in a newspaper having general circulation inconnection fees.
the City of Dubuque, Iowa, which notice shallThe Council will meet at 7:00 p.m. on
not be less than four days nor more thanJanuary 6, 1997, at the Public Library
twenty days prior to the receipt of said bids atAuditorium in the City of Dubuque, Iowa, at
2:00 p.m. on the 19th day of December, 1996.which time the owners of property subject
Bids shall be opened and read by the Cityto connection fees in the Kennedy/Bonson
Clerk at said time and will be submitted to theRoad Sanitary Sewer Interceptor District or
Council for final action at 7:00 p.m. on the 6thany other person having an interest in the
day of January, 1997.matter may appear and be heard for or
Passed, adopted and approved this 2ndagainst the establishment of the District, or
day of December, 1996.the schedule of connection fees. A person
Terrance M. Duggan, Mayorsubject to such connection fees will be
Attest: Mary A. Davis, City Clerkdeemed to have waived all objections
Council Member Nicholson moved adoptionunless at the time of hearing, the person
of the Resolution. Seconded by Councilhas filed objections with the Clerk.
Member Voetberg. Carried by the following
vote: Yeas—Mayor Duggan, Council MembersCity Clerk, Dubuque, Iowa
Buol, Krieg, Michalski, Nicholson, Robbins,Section 3. Not less than fifteen (15) days
Voetberg. Nays—None. before the hearing, the Clerk shall also send a
copy of the notice by mail to each person
City Manager requesting public hearing bewhose property will be served by connecting to
held on January 6, 1997 regarding SewerCity sewer and be subject to a connection fee
Connection fees for Kennedy/Bonson Roadat the address as shown by the records of the
Sewer, presented and read. Council MemberCounty Auditor.
Buol moved that the communication bePassed, approved and adopted this 2nd
received and filed. Seconded by Councilday of December, 1996.
Member Voetberg. Carried by the followingTerrance M. Duggan, Mayor
vote: Yeas—Mayor Duggan, Council MembersAttest: Mary A. Davis, City Clerk
Regular Session, December 2, 1996
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
Brad Parks and Jim Davis both spoke of
concerns with TCI, Dubuque’s tv cable
providers, as to the loss of WGN in the Basic
Channels provided.
There being no further business, Council
Member Michalski moved to adjourn the
meeting. Seconded by Council Member Buol.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays—None. The meeting adjourned at 8:30
p.m.
Mary A. Davis CMC
City Clerk
Approved , 1997
Adopted , 1997
Mayor
Council Members
Attest:
City Clerk
Regular Session, December 16, 1996
presented and read. Council Member
DUBUQUE
Voetberg moved that the claims and suits be
referred to the Legal Staff for investigation and
report. Seconded by Council Member Buol.
CITY COUNCIL
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
OFFICIAL
Nays—None.
PROCEEDINGS
Corporation Counsel advising following
claims have been referred to Crawford &
City Council, Regular Session, December
Company, the agent for the Iowa Communities
16, 1996
Assurance Pool; Property damage of Dennis
Council Met at 7:00 p.m., Public Library
& Debra Hillard; Car damage of Kathryn E.
Auditorium
Spofford, presented and read. Council
Present: Mayor Duggan, Council Members
Member Voetberg moved that the
Buol, Krieg, Michalski, Nicholson, Robbins,
communications be received and filed.
Voetberg, City Manager Michael Van Milligen,
Seconded by Council Member Buol. Carried
Corporation Counsel Barry A. Lindahl.
by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Mayor Duggan read the call and stated this
Nicholson, Robbins, Voetberg. Nays—None.
is the Regular Session of the City Council
called for the purpose to act upon such
Iowa DOT advising of their intent to
business which may properly come before the
dispose of property located near East 16th
Council.
Street, presented and read. Council Member
Voetberg moved that the communication be
The invocation was given by Rev. Loren
received and filed. Seconded by Council
Hirschy, Pastor of the Word of Life Church.
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
PROCLAMATION: December 28
Buol, Krieg, Michalski, Nicholson, Robbins,
“Sesquicentennial Statehood Day” received by
Voetberg. Nays—None.
Jan Hess.
Dubuque Metropolitan Area Solid Waste
MINUTES SUBMITTED — EnvironmentalAgency submitting their FY”98 Budget and
Stewardship Commission of 12-3; HistoricTipping Fee, presented and read. Council
Preservation Commission of 11-6; HousingMember Voetberg moved that the
Code Appeals Board of 11-19; Housingcommunication be received and filed.
Commission of 11-12; Housing Commission
Seconded by Council Member Buol. Carried
Trust Fund Committee of 11-22; Library
by the following vote: Yeas—Mayor Duggan,
Board of Trustees of 11-21; ;Long Range
Council Members Buol, Krieg, Michalski,
Planning Commission of 11-20; Transit
Nicholson, Robbins, Voetberg. Nays—None.
Trustee Board of 11-14; Zoning Board of
Adjustment of 11-21; Zoning Advisory
City Manager recommending to refer
Commission of 12-4, presented and read.
request to allow deer hunting at the Sisters of
Council Member Voetberg moved that the
St. Francis property to the Environmental
minutes be received and filed. Seconded by
Stewardship Commission, presented and
Council Member Buol. Carried by the following
read.
vote: Yeas—Mayor Duggan, Council Members
Sister Connie spoke stating they had
Buol, Krieg, Michalski, Nicholson, Robbins,
researched various solutions but now were
Voetberg. Nays—None.
requesting bow and arrow hunting to deplete
Proof of Publication on publishing City
the deer herd so that they can again plant and
Council proceedings for meeting of 11-18-96;
harvest their gardens which help feed the
List of Claims and Summary of Revenues for
Sisters.
month ending October 31, 1996; Notice of
Council Member Voetberg moved that the
filing of final schedule of assessments for
matter be referred to the Environmental
construction of Julien Dubuque Drive Sanitary
Stewardship Commission. Seconded by
Sewer Extension project, presented and read.
Council Member Buol. Carried by the following
Council Member Voetberg moved that the
vote: Yeas—Mayor Duggan, Council Members
proof, list and notice be received and filed.
Buol, Krieg, Michalski, Nicholson, Robbins,
Seconded by Council Member Buol. Carried
Voetberg. Nays—None.
by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Krieg, Michalski,
City Manager recommending to contribute
Nicholson, Robbins, Voetberg. Nays—None.
$2,218.69 to defend lawsuit against cities
regarding transfer to the State Chapter 411
NOTICES OF CLAIMS/SUITS — JamesRetirement System, presented and read.
& Genevieve Givens in amount of $5,118.83Council Member Voetberg moved that the
for backed up sewer damages; Joycecommunication be received and filed and
McDonnell in estimated amount of $377.17 forcontribution approved. Seconded by Council
vehicle damages; Lloyd A. and Gloria StrengMember Buol. Carried by the following vote:
in amount of $510.00 for vehicle damages,Yeas—Mayor Duggan, Council Members
Regular Session, December 16, 1996
Buol, Krieg, Michalski, Nicholson, Robbins,date of acceptance of the work) computed to
Voetberg. Nays—None. the December 1st next following the due dates
of the respective installments. Each
City Manager submitting Resolutioninstallment will be delinquent on September
providing for approval of 1996 Sidewalk30th following its due date on July 1st in each
Repairs project, presented and read. Councilyear. Property owners may elect to pay any
Member Voetberg moved that theannual installment semiannually in advance.
communication be received and filed.That the City Clerk be and is hereby
Seconded by Council Member Buol. Carrieddirected to certify said schedule to the County
by the following vote: Yeas—Mayor Duggan,Treasurer of Dubuque County, Iowa, and to
Council Members Buol, Krieg, Michalski,publish notice of said certification once each
Nicholson, Robbins, Voetberg. Nays—None.week for two consecutive weeks in the manner
provided in Section 362.3, the first publication
RESOLUTION NO. 448- 96of which shall be not more than fifteen days
A RESOLUTION ADOPTING THE FINALfrom the date of filing of the final schedule.
ASSESSMENT SCHEDULE FOR 1996The City Clerk shall also send by certified mail
SIDEWALK REPAIRS INCLUDINGto property owners whose property is subject
CERTAIN INFORMATION REQUIRED BYto assessment a copy of said notice, and
THE CODE OF IOWA, SPECIFICALLY, THEmailing to be on or before the date of the
NUMBER OF ANNUAL INSTALLMENTSsecond publication of the notice, all as
INTO WHICH ASSESSMENTS AREprovided and directed by Section 384.60 of the
DIVIDED, THE INTEREST ON ALL UNPAIDCode of Iowa.
INSTALLMENTS, THE TIME WHEN THEPassed, approved and adopted this 16th
ASSESSMENTS ARE PAYABLE ANDday of December, 1996.
DIRECTING THE CLERK TO CERTIFY THETerrance M. Duggan, Mayor
FINAL SCHEDULE AND TO PUBLISHAttest: Mary A. Davis, City Clerk
NOTICE THEREOF.OWNERADDRESS
NOW, THEREFORE, BE IT RESOLVEDLEGAL DESCRIPTTOTAL ASSESSMENT
BY THE CITY COUNCIL OF THE CITY OFJeffrey L. Klopfenstein1134 Langworthy
DUBUQUE, IOWA:Lot 12 Julia Langs Add$512.95
That after full consideration of the finalSusan K. Jazdzewski1134 Langworthy
schedule of assessments and accompanyingLot 12 Julia Langs Add$512.95
plat showing the assessments proposed to beSamuel & Rita Parkin1451 Mt. Pleasant
made for the 1996 Sidewalk Repairs whichLot 4 Oakland Park Add.$455.31
final plat and schedule were filed in the officeJohn Ley799 RushLot 1 Sub 2-S 165'L
of the City Clerk on the 11th day of December,190 Union Add.$755.41
1996, that said schedule of assessments beJody L. Vitton2305 Mineral Lot 1-53 Finley
and the same is hereby approved andWaple & Burtons Add.$92.41
adopted.Brent J. Willman3055 Lemon
That there be, and is hereby assessed andLot 6 Fairmount Park Addn.$288.51
levied as a special tax against and upon eachFrank & Margaret Hansen3116 Lemon
of the lots, the respective sums indicated.Lot 29 GR West’s Dbq.$72.13
Provided, further, that the amounts shown inGary J. Borgstahl1323 Bluff
said final schedule of assessments asS. 25' L 768 A McDaniels Sub.$139.75
deficiencies are found to be proper and leviedWanda R. Dalsing2001 Alta Vista L 14, 15 &
conditionally against the respective propertiesS5' of Lot 16 Woods Add.$983.87
benefitted by the improvements as shown inCouncil Member Voetberg moved adoption
the schedule, subject to the provisions ofof the Resolution and directed Clerk to certify
Section 384.63, Code of Iowa. Saidfinal schedule. Seconded by Council Member
assessments against said lots are herebyBuol. Carried by the following vote:
declared to be in proportion to the specialYeas—Mayor Duggan, Council Members
benefits conferred and not in excess ofBuol, Krieg, Michalski, Nicholson, Robbins,
twenty-five percent of the value of same.Voetberg. Nays—None.
Assessments of $100.00 or more are
payable in 10 equal annual installments, withCity Manager recommending acceptance of
interest on the unpaid balance, all as providedReconstruction of Hawthorne Street Boat
in Section 384.65, City Code of Iowa.Ramp project, presented and read. Council
Conditional deficiency assessments, if any,Member Voetberg moved that the
may be levied against the applicable propertycommunication be received and filed.
for the same period of years as theSeconded by Council Member Buol. Carried
assessments are made payable.by the following vote: Yeas—Mayor Duggan,
Assessments may be paid in full or in partCouncil Members Buol, Krieg, Michalski,
without interest at the office of the CountyNicholson, Robbins, Voetberg. Nays—None.
Treasurer, at any time within 30 days after the
date of the first publication of this notice of theRESOLUTION NO. 449-96
filing of the final plat and schedule ofACCEPTING IMPROVEMENT
assessments with the County Treasurer.Whereas, the contract for the
Unless said assessments are paid in fullReconstruction of Hawthorne Street Boat
within said thirty day period, all unpaidRamp has been completed and the City
assessments will draw annual interestManager has examined the work and filed his
computed at 9 percent (commencing on thecertificate stating that the same has been
Regular Session, December 16, 1996
completed according to the terms of theWhereas, the City of Dubuque entered into
contract, plans and specifications andan Acquisition Agreement with QHQ
recommends its acceptance.Properties, an Iowa General Partnership,
NOW THEREFORE, BE IT RESOLVEDdated May 18, 1996, pursuant to which QHQ
BY THE CITY COUNCIL OF THE CITY OFProperties, and Iowa General Partnership,
DUBUQUE, IOWA:agreed to convey a part of Lot 2 of 2 of 3 of the
Section 1. That the recommendation of theNE 1/4 of the NE 1/4 of Section 20, T89N,
City Manager be approved and that saidR2E, 5th P.M., in the City of Dubuque, Iowa,
improvement be and the same is herebyas shown on the Acquisition Plat thereof; and
accepted.Whereas, QHQ Properties, and Iowa
BE IT FURTHER RESOLVED that the CityGeneral Partnership, has executed a
Treasurer be and he is hereby directed to payconveyance of said property.
to the contractor from Marine Fuel Tax GrantNOW, THEREFORE, BE IT RESOLVED
and the Sales Tax Fund in amount equal toBY THE CITY COUNCIL OF THE CITY OF
the amount of his contract, less any retainedDUBUQUE, IOWA:
percentage provided for therein.Section 1.The City Council of the City of
Passed, approved and adopted this 16thDubuque, Iowa, hereby approves of, accepts
day of December, 1996.and consents to the Warranty Deed from
Terrance M. Duggan, MayorQHQ Properties, an Iowa General
Attest: Mary A. Davis, City ClerkPartnership, copies of which are attached
Council Member Voetberg moved adoptionhereto, as required by Iowa Code Section
of the Resolution. Seconded by Council569.7.
Member Buol. Carried by the following vote:Section 2.the Mayor is hereby
Yeas—Mayor Duggan, Council Membersauthorized and directed to execute and
Buol, Krieg, Michalski, Nicholson, Robbins,acknowledge on behalf of the City of Dubuque
Voetberg. Nays—None. any instruments in connection herewith.
Passed, approved and adopted this 16th
RESOLUTION NO. 450-96day of December, 1996.
FINAL ESTIMATETerrance M. Duggan, Mayor
Whereas, the contract for theAttest: Mary A. Davis, City Clerk
Reconstruction of the Hawthorne Street BoatCouncil Member Voetberg moved adoption
Ramp has been completed and the Cityof the Resolution. Seconded by Council
Engineer has submitted his final estimateMember Buol. Carried by the following vote:
showing the cost thereof including the cost ofYeas—Mayor Duggan, Council Members
estimates, notices and inspection and allBuol, Krieg, Michalski, Nicholson, Robbins,
miscellaneous costs;Voetberg. Nays—None.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFCity Manager recommending to execute
DUBUQUE, IOWA:amended contract with Iowa Department of
Section 1. That the cost of saidPublic Health for additional funding, presented
improvement is hereby determined to beand read. Council Member Voetberg moved
$94,688.59 and the said amount shall be paidthat the communication be received and filed.
from Marine Fuel Tax Grant and Sales TaxSeconded by Council Member Buol. Carried
Fund of the City of Dubuque, Iowa.by the following vote: Yeas—Mayor Duggan,
Passed, approved and adopted this 16thCouncil Members Buol, Krieg, Michalski,
day of December, 1996.Nicholson, Robbins, Voetberg. Nays—None.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkRESOLUTION NO. 452-96
Council Member Voetberg moved adoptionA RESOLUTION AUTHORIZING THE CITY
of the Resolution. Seconded by CouncilMANAGER OR HIS DESIGNEE TO SIGN
Member Buol. Carried by the following vote:AN AMENDED CONTRACT WITH THE
Yeas—Mayor Duggan, Council MembersIOWA DEPARTMENT OF PUBLIC HEALTH
Buol, Krieg, Michalski, Nicholson, Robbins,FOR ADDITIONAL FUNDING OF THE
Voetberg. Nays—None. LOCAL AIDS COALITION PROGRAM
Whereas, the Iowa Department of Public
City Manager recommending acceptance ofHealth has offered to provide financial support
Warranty Deed for property involved withfor local AIDS Programs in the City of
Asbury Road Reconstruction Project,Dubuque; and
presented and read. Council MemberWhereas, the City of Dubuque desires to
Voetberg moved that the communication beestablish and maintain such local AIDS
received and filed. Seconded by CouncilPrograms; and
Member Buol. Carried by the following vote:Whereas, the Iowa Department of Public
Yeas—Mayor Duggan, Council MembersHealth has presented the City Health Services
Buol, Krieg, Michalski, Nicholson, Robbins,Department a proposed amended contract for
Voetberg. Nays—None. additional funding, a copy of which is attached
hereto.
RESOLUTION NO. 451- 96NOW, THEREFORE, BE IT RESOLVED
A RESOLUTION ACCEPTING ABY THE CITY COUNCIL OF THE CITY OF
CONVEYANCE OF PROPERTY ONDUBUQUE, IOWA:
ASBURY ROAD TO THE CITY OFSection 1. That the City of Dubuque, Iowa,
DUBUQUEhereby approves the attached AIDS coalition
Regular Session, December 16, 1996
contract amendment between the IowaCouncil Member Voetberg moved adoption
Department of Public Health and the City ofof the Resolution. Seconded by Council
Dubuque, Iowa.Member Buol. Carried by the following vote:
Section 2. That the City Manager or hisYeas—Mayor Duggan, Council Members
designee is hereby authorized and directed toBuol, Krieg, Michalski, Nicholson, Robbins,
execute said contracts on behalf of the City ofVoetberg. Nays—None.
Dubuque, Iowa.
Passed, approved and adopted this 16thRESOLUTION NO. 454-96
day of December, 1996.Whereas, applications for Liquor Licenses
Terrance M. Duggan, Mayorhave been submitted to this Council for
Attest: Mary A. Davis, City Clerkapproval and the same have been examined
Council Member Voetberg moved adoptionand approved; and
of the Resolution. Seconded by Council Whereas, the premises to be occupied by
Member Buol. Carried by the following vote:such applicants were inspected and found to
Yeas—Mayor Duggan, Council Memberscomply with the State Laws and all City
Buol, Krieg, Michalski, Nicholson, Robbins,Ordinances relevant thereto and they have
Voetberg. Nays—None. filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
City Manager recommending approval of anBY THE CITY COUNCIL OF THE CITY OF
amendment to services agreement betweenDUBUQUE, IOWA:
City of Dubuque and Project Concern, Inc.,That the Manager be authorized to cause to
presented and read. Council Memberbe issued the following named applicants
Voetberg moved that the communication bea Liquor License.
received and filed and approved amendment.CLASS “B” LIQUOR LICENSE
Seconded by Council Member Buol. CarriedKinseth Hotel CorpHoliday Inn 5-Flags
by the following vote: Yeas—Mayor Duggan,+(Sunday Sales)450 Main St
Council Members Buol, Krieg, Michalski,CLASS "C" (COMMERCIAL)
Nicholson, Robbins, Voetberg. Nays—None.BEER & LIQUOR LICENSE
Dbq Cnty Historical Soc.Ryan House
City Manager recommending City’s support+(Sunday Sales) 1375 Locust
on application of Dubuque County for fundingBilly Bucks Inc.Billy Bucks
for Hills & Dales group home construction, East Tap +(Sunday Sales) 521 E 22nd
presented and read. Council MemberMoracco Inc.The Moracco
Voetberg moved that the communication be +(Sunday Sales)1413 Rockdale
received and filed and approved support.Michael WeberMike’s Ten Pin Tap
Seconded by Council Member Buol. Carried+(Sunday Sales)601 Rhomberg
by the following vote: Yeas—Mayor Duggan,Kim/Denise BrestrupA & B Tap
Council Members Buol, Krieg, Michalski,2600 Central
Nicholson, Robbins, Voetberg. Nays—None.David HoffmanWhite House Tap
450 W Locust
RESOLUTION NO. 453-96Passed, approved and adopted this 16th
Whereas, applications for Beer Permitsday of December, 1996.
have been submitted and filed to this CouncilTerrance M. Duggan, Mayor
for approval and the same have beenAttest: Mary A. Davis, City Clerk
examined and approved; and Council Member Voetberg moved adoption
Whereas, the premises to be occupied byof the Resolution. Seconded by Council
such applicants were inspected and found toMember Buol. Carried by the following vote:
comply with the Ordinances of this City andYeas—Mayor Duggan, Council Members
have filed proper bonds.Buol, Krieg, Michalski, Nicholson, Robbins,
NOW, THEREFORE, BE IT RESOLVEDVoetberg. Nays—None.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:BOARDS AND COMMISSIONS:
That the Manager be authorized to cause to
be issued the following named applicants aHISTORIC PRESERVATION COMMISSION
Beer Permit.(representing Langworthy District). One three-
Class “B” Beer Permityear term which expires 7-1-99 (term of J.
James TheisenLocal 94 UAWWelch) Applicant: Sheila Burke Manthey.
+(Sunday Sales)3450 Central Council Member Voetberg moved that
Class “C” Beer PermitSheila Burke Manthey be appointed to an
Rainbo Oil Com.Kwik Stopunexpired term which will expire 7-1-99.
+(Sunday Sales)2320 Hwy 61Seconded by Council Member Buol. Carried
Rainbo Oil Com. Kwik Stopby the following vote: Yeas—Mayor Duggan,
+(Sunday Sales)4039 Pennsylv.Council Members Buol, Krieg, Michalski,
Molo Oil Big 10 MartNicholson, Robbins, Voetberg. Nays—None.
+(Sunday Sales)9th & Central
Angel Inv. Casey’s Gen. StoreZONING ADVISORY COMMISSION. One
+(Sunday Sales) 2699 Rockdalethree-year unexpired term to expire 7-1-98
Passed, approved and adopted this 16th(term of V. Haberkorn). Applicants: Don
day December of 1996.Lochner, Robert Nagle & Ron Smith.
Terrance M. Duggan, MayorVote on the appointment was as follows:
Attest: Mary A Davis, City ClerkMayor Duggan voted for Lochner. Council
Regular Session, December 16, 1996
Member Buol voted for Smith. Councilthis resolution, all Exhibits and the petition for
Member Krieg voted for Nagle. Councilvoluntary annexation with the City
Member Michalski voted for Nagle. CouncilDevelopment Board of the State of Iowa.
Member Nicholson voted for Nagle. CouncilPassed, approved and adopted this 16th
Member Robbins voted for Nagle. Councilday of December, 1996.
Member Voetberg voted for Smith. Therefore,Terrance M. Duggan, Mayor
Robert Nagle appointed to an unexpired termAttest: Mary A. Davis, City Clerk
which will expire 7-1-98. Council Member Krieg moved that the
adoption of the Resolution. Seconded by
Council Member Voetberg moved that theCouncil Member Nicholson. Carried by the
rules be suspended to allow anyone present tofollowing vote: Yeas—Mayor Duggan, Council
address the Council if they so desire.Members Buol, Krieg, Michalski, Nicholson,
Seconded by Council Member Nicholson.Robbins, Voetberg. Nays—None.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,Proof of publication certified to by the
Michalski, Nicholson, Robbins, Voetberg.Publisher on Notice of Public Hearing to
Nays—None. consider expansion of Residential Parking
Permit District “B” and City Manager
Proof of publication certified to by therecommending approval to expand district,
Publisher on Notice of Public Hearing topresented and read. Council Member
consider annexing property to the City locatedVoetberg moved that the proof and
on West end of City Limits and City Managercommunication be received and filed.
recommending approval of annexationSeconded by Council Member Buol. Carried
request, presented and read. Council Memberby the following vote: Yeas—Mayor Duggan,
Krieg moved that the proof andCouncil Members Buol, Krieg, Nicholson,
communication be received and filed.Robbins, Voetberg. Nays—Council Member
Seconded by Council Member Nicholson.Michalski.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,Ken Kringle, 156 Bluff St., spoke stating he
Michalski, Nicholson, Robbins, Voetberg.had submitted the original petition and now is
Nays—None.requesting to change the two hour parking to
residential parking at the 100 to 200 block of
Ed Tschiggfrie spoke requesting approvalBluff St.
of annexation and will seek rezoning at a later
date.An Ordinance Amending Code of
Ordinances by adding Bluff Street from West
RESOLUTION NO. 455-96First Street to West Third Street to subsection
RESOLUTION ANNEXING CERTAIN(a) of Section 32-395 thereof establishing
PROPERTY TO THE CITY OF DUBUQUE,Residential Parking Permit District “B”,
IOWApresented and read.
Whereas, Edward Tschiggfrie, as owner of
approximately 11.9 acres of property lying(OFFICIAL PUBLICATION)
outside the corporate limits of the city ofORDINANCE NO. 58-96
Dubuque, Iowa, has voluntarily petitioned forAN ORDINANCE AMENDING THE CODE
annexation of said territory to the City ofOF ORDINANCES OF THE CITY OF
Dubuque, together with approximately 10.1DUBUQUE, IOWA BY ADDING BLUFF
acres of adjoining State of Iowa propertySTREET FROM WEST FIRST STREET TO
located in the right-of-way of Highway 20 fromWEST THIRD STREET TO SUBSECTION
the city limits to said property, as shown in(a) OF SECTION 32-395 THEREOF
Exhibit A; andESTABLISHING RESIDENTIAL PARKING
Whereas, Chapter 368 of the Code of IowaPERMIT DISTRICT "B"
authorizes the extension of city limits inWhereas, Section 32-381 through 32-393
situations of this character by the adoption ofof the Code of Ordinances of the City of
a resolution after notification as required byDubuque, Iowa empower the City Council to
State regulations; andestablish a Residential Parking Permit District
Whereas, the future growth andupon receipt of a valid petition and finding of
development of the city of Dubuque, Iowacertain conditions; and
make it desirable that said property be made aWhereas, a valid petition has been received
part of the city of Dubuque, Iowa.to amend Residential Parking Permit District
NOW THEREFORE, BE IT RESOLVED"B" consisting of St. Mary's Street, from 3rd
BY THE CITY COUNCIL OF THE CITY OFStreet to Emmett Street, Emmett Street, from
DUBUQUE, IOWA:St. Mary's Street to Bluff Street, and West
Section 1. That the territorial limits of theThird Street, from St. Mary's Street to Bluff
city of Dubuque, Iowa be, and they are herebyStreet to include the east side of Bluff Street
extended, to include the property legallyfrom West First Street to West Third Street;
described in Exhibit B.and
Section 2.That the territory herebyWhereas, the City Manager has caused a
annexed shall become a part of the Firstparking study of the above identified area to be
Ward, Third Precinct of the city of Dubuque,conducted, and which study has established
Iowa.that the area meets the criteria established in
Section 3.That the City Clerk shall fileSection 32-383 of the Code of Ordinances of
Regular Session, December 16, 1996
the City of Dubuque, Iowa; andStreet, and the east side of Bluff Street
Whereas, the City Manager, based uponfrom West First Street to West Third
the petition and the results of the parkingStreet."
study, recommends to the City Council thatSection 6. That the City Clerk is hereby
the area be designated as a Residentialdirected to mail to every dwelling unit within
Parking Permit District during the hours ofthe designated district the documents
6:00 a.m. to 10:00 p.m. daily, except Sundaysprescribed by Section 32-385 of the Code of
and Holidays; andOrdinances of the City of Dubuque, Iowa.
Whereas, the City Council pursuant toPassed, approved and adopted this 16th
public notice published on the 6th day ofday of December, 1996.
December, 1996 meet in session on the 16thTerrance M. Duggan, Mayor
day of December, 1996 for the purpose ofAttest: Mary A. Davis, City Clerk
hearing all interested persons andPublished officially in the Telegraph Herald
representatives of organizations to consider
newspaper this 27th day of December, 1996.
any and all objections which have been filed to
1t 12/27Mary A. Davis CMC, City Clerk
the proposed designation of the above area as
Council Member Voetberg moved that the
a Residential Parking Permit District during
requirement that a proposed Ordinance be
the hours of 6:00 a.m. to 10:00 p.m. daily,
considered and voted on for passage at two
except Sundays and Holidays; and
Council Meetings prior to the meeting at which
Whereas, all interested parties have beenit is to be finally passed be suspended.
given an opportunity to be heard and allSeconded by Council Member Buol. Carried
objections have been duly considered.by the following vote: Yeas—Mayor Duggan,
NOW, THEREFORE, BE IT ORDAINEDCouncil Members Buol, Krieg, Nicholson,
BY THE CITY COUNCIL OF THE CITY OFRobbins, Voetberg. Nays—Council Member
DUBUQUE, IOWA:Michalski. Council Member Voetberg moved
Section 1. That a petition containing thefinal consideration and passage of the
required number of signatures and meetingOrdinance. Seconded by Council Member
the intent and purposes of Sections 32-381Buol. Carried by the following vote:
through 32-393 of the Code of Ordinances ofYeas—Mayor Duggan, Council Members
the City of Dubuque, Iowa have been receivedBuol, Krieg, Nicholson, Robbins, Voetberg.
by the City of Dubuque.Nays—Council Member Michalski.
Section 2. That any and all objections to the
designation of the area as a Residential
An Ordinance Amending Section 32-262(c)
Parking Permit District during the hours of
of Code of Ordinances restricting parking to
6:00 a.m. to 10:00 p.m. daily, except Sundays
two hours on designated streets or portions
and Holidays be and the same are overruled.
thereof and deleting certain portions of Bluff
Section 3. That the recommendation of the
Street, presented and read.
City Manager based upon the petition and the
parking study to designate the area as a
(OFFICIAL PUBLICATION)
Residential Parking Permit District during the
ORDINANCE NO. 59-96
hours of 6:00 a.m. to 10:00 p.m. daily, except
AN ORDINANCE AMENDING SECTION 32-
Sundays and Holidays, is hereby approved
262(c) OF THE CODE OF ORDINANCES OF
and accepted.
THE CITY OF DUBUQUE, IOWA
Section 4. That the Code of Ordinances of
RESTRICTING PARKING TO TWO HOURS
the City of Dubuque, Iowa be amended by
ON DESIGNATED STREETS OR
deleting St. Mary's Street, Emmett Street and
PORTIONS THEREOF DELETING
West Third Street from Subsection (a) of
CERTAIN PORTIONS OF BLUFF STREET
Section 32-395 thereof as follows:
NOW, THEREFORE, BE IT ORDAINED
"Sec. 32-395. Residential Parking Permit
BY THE CITY COUNCIL OF HE CITY OF
District "B".
DUBUQUE, IOWA:
(a) The following described area constitutes a
Section 1. That the Code of Ordinances of
Residential Parking Permit District designated
the City of Dubuque, Iowa be amended by
as Residential Parking Permit District "B":
deleting from Subsection (c) of Section 32-
St. Mary's Street, from West Third Street to262 the following:
Emmett Street; Emmett Street, from St.Bluff Street, east side, both sides, from
Mary's Street to Bluff Street; and Westwest First Street to West Third Street; west
Third Street, from St. Mary's Street to Bluffside, from Emmett Street to West Third
Street"Street.
Section 5. That the Code of Ordinances ofSection 2. That the Code of Ordinances of
the City of Dubuque, Iowa be amended bythe City of Dubuque, Iowa be amended by
adding Bluff Street to Subsection (a) ofadding to Subsection (c) of Section 32-262
Section 32-395 thereof as follows:the following:
"Sec. 32-395. Residential Parking PermitBluff Street, west side, from Emmett Street
District "B".to West Third Street.
(a) The following described area constitutes a
Passed, approved and adopted this 16th
Residential Parking Permit District designated
day of December, 1996.
as Residential Parking Permit District "B":
Terrance M. Duggan, Mayor
St. Mary's Street, from West Third Street to
Attest: Mary A. Davis, City Clerk
Emmett Street; Emmett Street, from St.
Published officially in the Telegraph Herald
Mary's Street to Bluff Street; West Third
newspaper this 27th day of December, 1997.
Street, from St. Mary's Street to Bluff
1t 12/27Mary A. Davis CMC, City Clerk
Regular Session, December 16, 1996
Council Member Voetberg moved that thea contracted service for the licensee at the
requirement that a proposed Ordinance befacility;
considered and voted on for passage at two(2) A public official or employee while at the
Council Meetings prior to the meeting at whichfacility in the performance of such person's
it is to be finally passed be suspended.official duties;
Seconded by Council Member Buol. Carried(3) A person going directly to or from an area
by the following vote: Yeas—Mayor Duggan,at the facility specifically designated for
Council Members Buol, Krieg, Nicholson,activities for persons under the age of twenty-
Robbins, Voetberg. Nays—Council Memberone (21) years, if accompanied by a person
Michalski. Council Member Voetberg movedover the age of twenty-one (21) years and if
final consideration and passage of thesuch person first contacts a representative of
Ordinance. Seconded by Council Memberthe licensee.
Buol. Carried by the following vote:(c) Paragraph (a) above shall not apply to a
Yeas—Mayor Duggan, Council Membersfacility or that portion of a facility licensed by
Buol, Krieg, Nicholson, Robbins, Voetberg.the state of Iowa for parimutuel gaming.
Nays—Council Member Michalski.Passed, approved and adopted this 16th
day of December, 1996.
City Manager submitting an Ordinance toTerrance M. Duggan, Mayor
prohibit underage persons in casinos andAttest: Mary A. Davis, City Clerk
communication of R. J. O’Brien requestingPublished officially in the Telegraph Herald
Council delay on this approval, presented andnewspaper this 27th day of December, 1997.
read. Council Member Voetberg moved that1t 12/27Mary A. Davis CMC, City Clerk
the communication be received and filed.Council Member Voetberg moved that the
Seconded by Council Member Nicholson.requirement that a proposed Ordinance be
Carried by the following vote: Yeas—Mayorconsidered and voted on for passage at two
Duggan, Council Members Buol, Krieg,Council Meetings prior to the meeting at which
Michalski, Nicholson, Robbins, Voetberg.it is to be finally passed be suspended.
Nays—None.Seconded by Council Member Nicholson.
Carried by the following vote: Yeas—Mayor
An Ordinance Amending Code ofDuggan, Council Members Buol, Krieg,
Ordinances Chapter 33, Offenses andMichalski, Nicholson, Robbins, Voetberg.
Miscellaneous Provisions, by enacting a new
Nays—None. Council Member Voetberg
Section 33-15 prohibiting persons under the
moved final consideration and passage of the
age of twenty-one (21) years from entering a
Ordinance. Seconded by Council Member
facility licensed to operate gambling games
Buol. Carried by the following vote:
pursuant to Iowa Code Chapter 99F,
Yeas—Mayor Duggan, Council Members
presented and read.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 60-96
City Manager recommending approval of
AN ORDINANCE AMENDING THE CITY OF
contract with Yaggy Colby for professional
DUBUQUE CODE OF ORDINANCES
services and requesting to name the site,
CHAPTER 33, OFFENSES AND
presented and read. Council Member Buol
MISCELLANEOUS PROVISIONS, BY
moved that the communication be received
ENACTING A NEW SECTION 33-15
and filed. Seconded by Council Member
PROHIBITING PERSONS UNDER THE AGE
Voetberg. Carried by the following vote:
OF TWENTY-ONE (21) YEARS FROM
Yeas—Mayor Duggan, Council Members
ENTERING A FACILITY LICENSED TO
Buol, Krieg, Michalski, Nicholson, Robbins,
OPERATE GAMBLING GAMES
Voetberg. Nays—None.
PURSUANT TO IOWA CODE CHAPTER
99F.
RESOLUTION NO. 456-96
NOW, THEREFORE, BE IT ORDAINED
RESOLUTION CONFIRMING SELECTION
BY THE CITY COUNCIL OF THE CITY OF
OF YAGGY COLBY ASSOCIATES TO
DUBUQUE, IOWA:PROVIDE DESIGN AND ENGINEERING
Section 1. The City of Dubuque Code ofSERVICES FOR SITE F INDUSTRIAL
Ordinances Chapter 33, Offenses andPARK DEVELOPMENT
Miscellaneous Provisions, is hereby amendedWhereas, the City of Dubuque, Iowa, has
by enacting the following new Section 33-15:identified a critical need to develop industrial
land within the community to provide
Section 33-15. Persons under age twenty-opportunities for economic development and
one (21) years entering facility licensed tojob creation; and
operate gambling games.Whereas, the City has worked with the firm
(a) It shall be unlawful for any person underof Yaggy Colby Associates to identify and
the age of twenty-one (21) years to enter orselect key opportunity sites for industrial
attempt to enter a facility licensed under Iowa
development; and
Code Chapter 99F to operate gambling
Whereas, Yaggy Colby Associates has
games.
provided a proposal to complete the design
(b) Paragraph (a) above shall not apply to a
and engineering for a 118 acre tract known as
person under the age of twenty-one (21) years
Site F for industrial development purposes.
who is:
NOW THEREFORE, BE IT RESOLVED
(1) An employee of the licensee or performing
BY THE CITY COUNCIL OF THE CITY OF
Regular Session, December 16, 1996
DUBUQUE, IOWA:their approval to rezone property, with
Section 1. That a contract for professionalconditions, located at 1105-1107 University
services with Yaggy Colby Associates toAve. from C-2 to C-3 District, presented and
provide design and engineering services forread. Council Member Voetberg moved that
Site F industrial park development is herebythe communication be received and filed.
approved.Seconded by Council Member Buol. Carried
Section 2. That the City Manager is herebyby the following vote: Yeas—Mayor Duggan,
authorized to execute, on behalf of the CityCouncil Members Buol, Krieg, Michalski,
Council of the City of Dubuque, Iowa, aNicholson, Robbins, Voetberg. Nays—None.
contract with Yaggy Colby Associates for
consultant services not to exceed $226,500.An Ordinance Amending Zoning Map by
Passed, approved and adopted this 16threclassifying property located at 1105
day of December, 1996.University Avenue from C-2 Neighborhood
Terrance M. Duggan, MayorShopping Center District to C-3 General
Attest: Mary A. Davis, City ClerkCommercial District, with conditions,
Council Member Buol moved adoption ofpresented and read. Council Member
the Resolution. Seconded by Council MemberVoetberg moved that the requirement that a
Voetberg. Carried by the following vote:proposed Ordinance be considered and voted
Yeas—Mayor Duggan, Council Memberson for passage at two Council Meetings prior
Buol, Krieg, Michalski, Nicholson, Robbins,to the meeting at which it is to be finally
Voetberg. Nays—None. passed be suspended. Seconded by Council
Member Buol. Carried by the following vote:
City Manager recommending approval ofYeas—Mayor Duggan, Council Members
proposed Sanitary Sewer Backup AssistanceBuol, Krieg, Michalski, Nicholson, Robbins,
Program, presented and read. CouncilVoetberg. Nays—None. Council Member
Member Michalski moved that theVoetberg moved that a Public Hearing be held
communication be received and filed andon the proposed Ordinance on the 6th day of
approved recommendation. Seconded byJanuary, 1997 at 7:00 p.m. in the Public
Council Member Robbins. Carried by theLibrary Auditorium and that the City Clerk
following vote: Yeas—Mayor Duggan, Councilpublish notice in the manner prescribed by
Members Buol, Krieg, Michalski, Nicholson,law. Seconded by Council Member Buol.
Robbins, Voetberg. Nays—None. Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Zoning Advisory Commission advising ofMichalski, Nicholson, Robbins, Voetberg.
their approval to rezone property, withNays—None.
conditions, located South of Asbury Road and
West of the Northwest Arterial from AG to C-3City Manager requesting a public hearing to
District, presented and read. Council Memberamend the lease agreement with Dubuque
Voetberg moved that the communication beMontessori School, presented and read.
received and filed. Seconded by CouncilCouncil Member Michalski moved that the
Member Buol. Carried by the following vote:communication be received and filed.
Yeas—Mayor Duggan, Council MembersSeconded by Council Member Robbins.
Buol, Krieg, Michalski, Nicholson, Robbins,Carried by the following vote: Yeas—Mayor
Voetberg. Nays—None. Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
An Ordinance Amending Zoning Map byNays—None.
reclassifying property located South of Asbury
Road and West of the Northwest Arterial fromRESOLUTION NO. 457-96
AG Agricultural District to C-3 GeneralRESOLUTION DECLARING CITY COUNCIL
Commercial District, with conditions,INTENT TO AMEND THE LEASE
presented and read. Council MemberAGREEMENT WITH DUBUQUE
Voetberg moved that the requirement that aMONTESSORI SCHOOL, INC. FOR
proposed Ordinance be considered and votedSECTION OF FLORA PARK.
on for passage at two Council Meetings priorWhereas, the City is the Lessor and the
to the meeting at which it is to be finallySchool is the Lessee under the terms of the
passed be suspended. Seconded by CouncilLease Agreement entered into on April 22,
Member Buol. Carried by the following vote:1994; and
Yeas—Mayor Duggan, Council MembersWhereas, the School desires to lease
Buol, Krieg, Michalski, Nicholson, Robbins,additional property from the City for a play
Voetberg. Nays—None. Council Memberarea; and
Voetberg moved that a Public Hearing be heldWhereas, it is deemed to be in the best
on the proposed Ordinance on the 6th day ofinterest of both parties to the Lease
January, 1997 at 7 p.m. in the Public LibraryAgreement that this First Amendment to
Auditorium and that the City Clerk publishLease Agreement to be approved.
notice in the manner prescribed by law.NOW, THEREFORE, BE IT RESOLVED
Seconded by Council Member Buol. 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 it is the intent of the City
Nicholson, Robbins, Voetberg. Nays—None.Council of the City of Dubuque, Iowa, to
amend the lease, after a public hearing, of the
Zoning Advisory Commission advising ofDubuque Montessori School, Inc. of the
Regular Session, December 16, 1996
Richard J. Slattery Arts and Recreation CenterSection 1. The Section entitled "Application
to include a section of Flora Park, located inand Review Procedure 1" as originally
the City of Dubuque, for the purpose ofestablished by Ordinance No. 15-81 is hereby
providing a fenced play area.amended by adding thereto the following:
Section 2. That the first amendment,The property owner must apply for an
attached hereto and made a part hereof, ofexception by February 1 of the assessment
such property shall be for the term of theyear for which the exemption is first
original lease agreement, and shall be subjectclaimed, but not later that the year in which all
to such terms and conditions as set forth inthe improvements are first assessed for
the lease agreement.taxation. Upon the request of the owner, the
Section 3. That the City Clerk is herebygoverning body of the City may provide by
directed to give notice in the manner requiredresolution that the owner may file an
by law of a public hearing to be held onapplication no later than February 1 of the
January 6, 1997 at 7:00 p.m. in the Citytenth assessment year.
Council Chambers, Carnegie-Stout PublicSection 2. That a public hearing shall be
Library, Dubuque, Iowa, at which time andset to review the proposed plan amendment on
place all interested parties will be givenJanuary 6, 1997.
opportunity to be heard for or against theSection 3. That the notice of the public
proposal to lease the facility herein described.hearing shall be given according to the
Passed, approved and adopted this 16threquirement of Chapter 404 of the Code of
day of December, 1996.Iowa.
Terrance M. Duggan, Mayor Section 4. That following said public
Attest: Mary A. Davis, City Clerk hearing, the proposed plan amendment may
Council Member Michalski moved adoptionbe adopted, amended, referred to a second
of the Resolution and set this matter for publichearing, or rejected by the City Council, as
hearing on January 6, 1997 at 7:00 p.m. in theprovided for by Chapter 404 of the Code of
Public Library Auditorium and that the CityIowa.
Clerk publish notice in the manner prescribedPassed, approved and adopted this 16th
by law. Seconded by Council Memberday of December, 1996.
Robbins. Carried by the following vote:Terrance M. Duggan, Mayor
Yeas—Mayor Duggan, Council MembersAttest: Mary A. Davis, City Clerk
Buol, Krieg, Michalski, Nicholson, Robbins,Council Member Voetberg moved adoption
Voetberg. Nays—None. of the Resolution setting the Public Hearing
for 1-6-97 at 7:00 p.m. in the Public Library
City Manager recommending amendmentsAuditorium. Seconded by Council Member
to Urban Revitalization Districts (4), presentedBuol. Carried by the following vote:
and read. Council Member Voetberg movedYeas—Mayor Duggan, Council Members
that the communication be received and filed.Buol, Krieg, Michalski, Nicholson, Robbins,
Seconded by Council Member Buol. CarriedVoetberg. Nays—None.
by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Krieg, Michalski,RESOLUTION NO. 459- 96
Nicholson, Robbins, Voetberg. Nays—None.A RESOLUTION SETTING A PUBLIC
HEARING ON A PROPOSAL TO AMEND
RESOLUTION NO. 458-96CITY OF DUBUQUE ORDINANCE NO. 69-
A RESOLUTION SETTING A PUBLIC95 ESTABLISHING THE UPPER MAIN
HEARING ON A PROPOSAL TO AMENDURBAN REVITALIZATION AREA TO
CITY OF DUBUQUE ORDINANCE NO. 15-ALLOW LATE APPLICATIONS FOR TAX
81 ESTABLISHING THE WEST 11THEXEMPTIONS TO BE FILED BY
STREET URBAN REVITALIZATION AREAPROPERTY OWNERS.
TO ALLOW LATE APPLICATIONS FORWhereas, the City of Dubuque Ordinance
TAX EXEMPTIONS TO BE FILED BYNo. 69-95 established the Upper Main Urban
PROPERTY OWNERS.Revitalization Area; and
Whereas, the City of Dubuque OrdinanceWhereas, Iowa Code Section 404.4
No. 15-81 established the West 11th Streetrequires the first application for a tax
Urban Revitalization Area; andexemption to be filed by the owner of property
Whereas, Iowa Code Section 404.4with the City Council by February 1 of the
requires the first application for a taxassessment year for which the exemption is
exemption to be filed by the owner of propertyfirst claimed, but allows the City Council to
with the City Council by February 1 of thepermit the owner to file the first application by
assessment year for which the exemption isFebruary 1 of any other assessment year
first claimed, but allows the City Council toselected by the City Council; and
permit the owner to file the first application byWhereas, Chapter 404 of the Code of Iowa
February 1 of any other assessment yearprovides that a public hearing shall be held on
selected by the City Council; andthe proposed amendment of an Urban
Whereas, Chapter 404 of the Code of IowaRevitalization Area Plan.
provides that a public hearing shall be held onNOW, THEREFORE, BE IT RESOLVED
any proposed amendment of an UrbanBY THE CITY COUNCIL OF THE CITY OF
Revitalization Area Plan.DUBUQUE, IOWA;
NOW, THEREFORE, BE IT ORDAINEDSection 1. The Section 5.1(d) as originally
BY THE CITY COUNCIL OF THE CITY OFestablished by Ordinance No. 69-95 is
DUBUQUE, IOWA:recommended for amendment by adding
Regular Session, December 16, 1996
thereto the following:year for which the exemption is first
The property owner must apply for anclaimed, but not later that the year in which all
exception by February 1 of the assessmentthe improvements are first assessed for
year for which the exemption is firsttaxation. Upon the request of the owner, the
claimed, but not later that the year in which allgoverning body of the City may provide by
the improvements are first assessed forresolution that the owner may file an
taxation. Upon the request of the owner, theapplication no later than February 1 of the
governing body of the City may provide bytenth assessment year.
resolution that the owner may file anSection 2. That a public hearing shall be
application no later than February 1 of theset to review the proposed plan amendment on
tenth assessment year.January 6, 1997.
Section 2. That a public hearing shall beSection 3. That the notice of the public
set to review the proposed plan amendment onhearing shall be given according to the
January 6, 1997.requirement of Chapter 404 of the Code of
Section 3. That the notice of the publicIowa.
hearing shall be given according to theSection 4. That following said public
requirement of Chapter 404 of the Code ofhearing, the proposed plan amendment may
Iowa.be adopted, amended, referred to a second
Section 4. That following said publichearing, or rejected by the City Council, as
hearing, the proposed plan amendment mayprovided for by Chapter 404 of the Code of
be adopted, amended, referred to a secondIowa.
hearing, or rejected by the City Council, asPassed, approved and adopted this 16th
provided for by Chapter 404 of the Code ofday of December, 1996.
Iowa.Terrance M. Duggan, Mayor
Passed, approved and adopted this 16thAttest: Mary A. Davis, City Clerk
day of December, 1996.Council Member Voetberg moved adoption
Terrance M. Duggan, Mayorof the Resolution setting this for Public
Attest: Mary A. Davis, City ClerkHearing on 1-6-97 at 7:00 p.m. in the Public
Council Member Voetberg moved adoptionLibrary Auditorium. Seconded by Council
of the Resolution setting this matter for PublicMember Buol. Carried by the following vote:
Hearing on 1-6-97 at 7:00 p.m. in the PublicYeas—Mayor Duggan, Council Members
Library Auditorium. Seconded by CouncilBuol, Krieg, Michalski, Nicholson, Robbins,
Member Buol. Carried by the following vote:Voetberg. Nays—None.
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,RESOLUTION NO. 461- 96
Voetberg. Nays—None. A RESOLUTION SETTING A PUBLIC
HEARING ON A PROPOSAL TO AMEND
RESOLUTION NO. 460-96CITY OF DUBUQUE ORDINANCE NO. 40-
A RESOLUTION SETTING A PUBLIC81 ESTABLISHING THE WASHINGTON
HEARING ON A PROPOSAL TO AMENDSTREET URBAN REVITALIZATION AREA
CITY OF DUBUQUE ORDINANCE NO. 74-TO ALLOW LATE APPLICATIONS FOR
80 ESTABLISHING THE JACKSON PARKTAX EXEMPTIONS TO BE FILED BY
URBAN REVITALIZATION AREA TOPROPERTY OWNERS.
ALLOW LATE APPLICATIONS FOR TAXWhereas, the City of Dubuque Ordinance
EXEMPTIONS TO BE FILED BYNo. 40-81 established the Washington Street
PROPERTY OWNERS.Urban Revitalization Area; and
Whereas, the City of Dubuque OrdinanceWhereas, Iowa Code Section 404.4
No. 74-80 established the Jackson Parkrequires the first application for a tax
Urban Revitalization Area; andexemption to be filed by the owner of property
Whereas, Iowa Code Section 404.4with the City Council by February 1 of the
requires the first application for a taxassessment year for which the exemption is
exemption to be filed by the owner of propertyfirst claimed, but allows the City Council to
with the City Council by February 1 of thepermit the owner to file the first application by
assessment year for which the exemption isFebruary 1 of any other assessment year
first claimed, but allows the City Council toselected by the City Council; and
permit the owner to file the first application byWhereas, Chapter 404 of the Code of Iowa
February 1 of any other assessment yearprovides that a public hearing shall be held on
selected by the City Council; andany proposed amendment of an Urban
Whereas, Chapter 404 of the Code of IowaRevitalization Area Plan.
provides that a public hearing shall be held onNOW, THEREFORE, BE IT ORDAINED
any proposed amendment of an UrbanBY THE CITY COUNCIL OF THE CITY OF
Revitalization Area Plan.DUBUQUE, IOWA;
NOW, THEREFORE, BE IT ORDAINEDSection 1. The Section entitled "Application
BY THE CITY COUNCIL OF THE CITY OFand Review Procedure (1)" as originally
DUBUQUE, IOWA;established by Ordinance No. 40-81 is hereby
Section 1. The Section entitled "Applicationamended by adding thereto the following:
and Review Procedure (1)" as originallyThe property owner must apply for an
established by Ordinance No. 74-80 is herebyexception by February 1 of the assessment
amended by adding thereto the following:year for which the exemption is first
The property owner must apply for anclaimed, but not later that the year in which all
exception by February 1 of the assessmentthe improvements are first assessed for
Regular Session, December 16, 1996
taxation. Upon the request of the owner, theCouncil Members Buol, Krieg, Michalski,
governing body of the City may provide byNicholson, Robbins, Voetberg. Nays—None.
resolution that the owner may file anThe meeting adjourned at 8:28 p.m.
application no later than February 1 of the
tenth assessment year.Mary A. Davis CMC
Section 2. That a public hearing shall beCity Clerk
set to review the proposed plan amendment on
January 6, 1997.
Section 3. That the notice of the publicApproved , 1997
hearing shall be given according to the
requirement of Chapter 404 of the Code ofAdopted , 1997
Iowa.
Section 4. That following said public
hearing, the proposed plan amendment may
be adopted, amended, referred to a secondMayor
hearing, or rejected by the City Council, as
provided for by Chapter 404 of the Code of
Iowa.
Passed, approved and adopted this 16th
day of December, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution setting this for Public
Hearing on 1-6-97 at 7:00 p.m. in the Public
Library Auditorium. Seconded by Council
Member Buol. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersCouncil Members
Buol, Krieg, Michalski, Nicholson, Robbins,Attest:
Voetberg. Nays—None.
City Manager recommending to set publicCity Clerk
hearings to consider assessing civil penalties
against following Class “C” Beer and Class
“C” Liquor Licensed establishments: Eagle
Food Center at 2050 JFK Road; Iowa Oil Co.
at 3200 Central Ave., Iowa Oil Co. at 1998
Jackson St. and Park Square Tavern at 600
Central, presented and read. Council Member
Voetberg moved that the communication be
received and filed and set Public Hearings for
January 6, 1997 at 7:00 p.m. in the Public
Library Auditorium and that the City Clerk
notify licensees 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.
At 7:45 p.m., Council Member Voetberg
moved to go into Closed Session in
accordance with Chapter 21.5 1.(j) 1995 Code
of Iowa to discuss the purchase of particular
real estate where premature disclosure could
be reasonably expected to increase the price
the governmental body would have to pay for
that property. Seconded by Council Member
Michalski. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
Council reconvened in Regular Session at
8:27 p.m. and stated that Staff had been given
direction.
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Buol. Carried
by the following vote: Yeas—Mayor Duggan,
Regular Session, December 16, 1996
Regular Session, December 23, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved , 1997
City Council, Special Session, Monday,
Adopted , 1997
December 23, 1996
Council Met at 4:30 p.m., Conference
Room “B,” City Hall
Present: Mayor Duggan, Council Members
Mayor
Buol, Nicholson, Robbins, Voetberg, City
Manager Michael Van Milligen, Corporation
Counsel Barry A. Lindahl.
Absent: Council Members Krieg, Michalski.
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 to
discuss the purchase of particular real estate.
Council Member Voetberg moved to go into
Closed Session in accordance with Chapter
21.5 1(j) to discuss the purchase of particular
Council Members
real estate where premature disclosure could
Attest:
be reasonably expected to increase the price
the governmental body would have to pay for
that property. Seconded by Council Member
City Clerk
Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Nicholson, Robbins, Voetberg.
Nays—None. Absent—Council Members
Krieg, Michalski.
There being no further business, Council
Member Voetberg moved to adjourn.
Seconded by Council Member Buol. Carried
by the following vote: Yeas—Mayor Duggan,
Council Members Buol, Nicholson, Robbins,
Voetberg. Nays—None. Absent—Council
Members Krieg, Michalski. The meeting
adjourned at 5:30 p.m.
Mary A. Davis CMC
City Clerk