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1997 January Council Proceedings Regular Session, January 6, 1997 Corporation Council advising following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Property damage of James & DUBUQUE Genevieve Givens; Car damage of Joyce McDonnell, , presented and read. Council Member Voetberg moved that the CITY COUNCIL communications be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. OFFICIAL Corporation Counsel recommending PROCEEDINGS settlement of truck damage claim of Don Vogt in the amount of $243.95, presented and read. City Council, Regular Session, January 6, Council Member Voetberg moved that the 1997 communication be received and filed and Council met at 7:00 p.m. Public Library approved the settlement with Finance Director Auditorium to issue the check. Seconded by Council Present: Mayor Duggan, Council Members Member Nicholson. Motion carried 7-0. Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel recommending denial Corporation Counsel Barry A. Lindahl. of following claims: Tire damage of Lloyd Streng; Tire damage of Heather A. Strumpf, Mayor Duggan read the call and stated this presented and read. Council Member is the Regular Session of the City Council Voetberg moved that the communications be called for the purpose to act upon such received and filed and the denials approved. business which may properly come before the Seconded by Council Member Nicholson. Council. Motion carried 7-0. Invocation was given by Rev. Laurice HUD submitting Consolidated End-of-Year Streyffeler, Pastor of St. Luke’s United Review for Program Year 1995, presented and Methodist Church. read. Council Member Michalski moved that the report be received and filed. Seconded by PROCLAMATION - Jan. 19 as “Day of Council Member Robbins. Motion carried 7- Celebration in Honor of Martin Luther King” 0. received by Sister MaryLee Cox. McGraw-Hill Companies advising of a MINUTES SUBMITTED — Airport reduction in force at The McGraw-Hill Commission of 11-19; Civil Service Companies’ Dubuque location occurring in Commission of 10-14; Community phases between March and April, 1997, Development Commission of 12-3; Five Flags presented and read. Council Member Commission of 11-18; Housing Code Appeals Voetberg moved that the communication be Board of 12-17; Housing Commission of 12- received and filed. Seconded by Council 10; Human Rights Commission of 11-4; Park Member Nicholson. Motion carried 7-0. & Recreation Commission of 12-10, presented and read. Council Member Voetberg moved City Manager recommending approval of that the minutes be received and filed. final plat of Sunnyslope Estates Phase 4, Seconded by Council Member Nicholson. presented and read. Council Member Motion carried 7-0. Voetberg moved that the communication be received and filed. Seconded by Council Human Rights Commission submitting Member Nicholson. Motion carried 7-0. their Annual Report for FY’96 and Finance Director submitting financial Reports for RESOLUTION NO. 1-97 November, 1996, presented and read. A RESOLUTION RESCINDING Council Member Voetberg moved that the RESOLUTION NO. 299-96 AND RE- report be received and filed. Seconded by APPROVING THE FINAL PLAT OF Council Member Nicholson. Motion carried 7- SUNNYSLOPE ESTATES PHASE 4, BEING 0. A SUBDIVISION OF LOT W, IN THE CITY OF DUBUQUE, IOWA. NOTICES OF CLAIMS/SUITS — Betty Whereas, there has been filed with the City Cordes in unknown amount for personal Clerk a final plat of Sunnyslope Estates Phase injuries; Joseph J. Hardine and Kathy Green 4, the final plat of Lot 5 of Block 12, Lots 12- (Claimant’s mother) in unliquidated damages 22 inclusive, of Block 16, Lots 1-22 inclusive, estimated to be in excess of $20,000.00 for of Block 17, Lots 1-18 inclusive, of Block 18, personal injuries; Dale MaGee in amount of Lot 9 of Block 19, and Lots X, Y, Z and AA of $3.00 for not holding property until a case had Sunnyslope Estates, being a subdivision of been settled, presented and read. Council Lot W of Sunnyslope Estates in the City of Member Voetberg moved that the claims and Dubuque, Iowa; and suits be referred to the Legal Staff for Whereas, upon said final plat appear investigation and report. Seconded by Council street(s) to be known as Sunnyslope Drive Member Nicholson. Motion carried 7-0. (Lot X), Red Violet Drive (Lot Y), High Cloud Regular Session, January 6, 1997 Drive (Lot AA), and Twilight Drive (Lot Z),manner acceptable to the City Engineer, and together with certain public utility and sanitaryin accordance with construction improvement sewer and storm sewer easements which theplans approved by the City Engineer, and owners by said final plat have dedicated to theinspected by the City Engineer. public forever; and Whereas, the preliminary plat has beenc.To construct said improvements, within two examined by the Zoning Advisory Commission(2) years from the date of acceptance of this and had its approval endorsed thereon; andresolution, at the sole expense of the owners, Whereas, said final plat has been reviewedor future owners; by the City Planner and had her approvald.To maintain the public improvements, for a endorsed thereon, subject to the ownersperiod of two (2) years from the date of the agreeing to the conditions noted in Section 2acceptance of those improvements by the City below; andof Dubuque, Iowa, at the sole expense of the Whereas, said final plat has beenowners, or future owners; examined by the City Council and they findAnd further provided that Kenneth Moore, that it conforms to the statutes and ordinancesas owner of said property, shall secure the relating to it, except that no streets or publicperformance of the foregoing conditions utilities have yet been constructed or installed;provided in this Section by providing andguarantees in such form and with such Whereas, the City Council concurs in thesureties as may be acceptable to the City conditions of approval established by theManager of the City of Dubuque, Iowa. Zoning Advisory Commission and the CitySection 4. Sidewalk installation shall be the Planner; andresponsibility of the owner of the property Whereas, the City Council has approvedabutting the public right-of-way, as required by this final plat at the request of Radford RoadCity Code 41-161 through 41-164. The Development, Inc., and now is requested to re-responsibility shall extend to all successors, approve this final plat to allow the sale ofheirs and assignees. Sidewalk installation will Sunnyslope Estates Phase 4, being anot be required until the development of the lot subdivision of Lot W, to Kenneth Moore.has been completed, except as required NOW, THEREFORE, BE IT RESOLVEDherein. In sparsely developed subdivisions, BY THE CITY COUNCIL OF THE CITY OFsidewalks on developed lots will not be DUBUQUE, IOWA:required until 50% of the lots approved by the Section 1.That Resolution 299-96 isplat have been developed. All vacant lots shall hereby rescinded.have sidewalks installed upon development of Section 2. That the dedications of80% of the lots approved by the plat. Sunnyslope Drive (Lot X), Red Violet DriveSection 5. That the final acceptance of all (Lot Y), High Cloud Drive (Lot Z) and Twilightpublic improvements shall occur upon Drive (Lot AA), together with the easementscertification of the City Engineer to the City for public utilities, sanitary sewer, storm sewerCouncil that all public improvements have and water mains as they appear upon saidbeen completed in accordance with the final plat, be and the same are herebyimprovement plans and City standard accepted; andspecifications and accepted by City Council Section 3. That the plat of SunnyslopeResolution. Estates Phase 4 is hereby approved and theSection 6. That in the event Kenneth Mayor and City Clerk are hereby authorizedMoore shall fail to execute the acceptance and and directed to endorse the approval of thefurnish the guarantees provided in Section 3 City of Dubuque, Iowa, upon said final plat,hereof within 180 days after the date of this provided the owners of said property hereinResolution, the provisions hereof shall be null named, execute their written acceptanceand void and the acceptance of the dedication hereto attached agreeing:and approval the plat shall not be effective. a.To reduce Sunnyslope Drive (Lot X), RedPassed, approved and adopted this 6th of Violet Drive (Lot Y), High Cloud Drive (Lot Z)January, 1997. and Twilight Drive (Lot AA) to grade and toTerrance M. Duggan, Mayor construct concrete curb and gutter and to hardATTEST: Mary A. Davis, City Clerk surface with asphaltic concrete, or withACCEPTANCE OF RESOLUTION NO. 1-97 concrete pavIng with integral curb, to gradeI, the undersigned, Kenneth Moore, and construct Red Violet Drive (Lot Y) to therepresenting Moore Development, Ltd., having east boundary of the subdivision, all inread the terms and conditions of the accordance with the City of Dubuque standardResolution No. 1-97 and being familiar with specifications, all in a manner acceptable tothe conditions thereof, hereby accept this the City Engineer, and in conformance withsame and agree to the conditions required construction improvement plans approved bytherein. the City Engineer, and inspected by the CityDated this 10th day of January, 1997. Engineer.By /s/ Kenneth J. Moore b.To install sanitary sewer mains and sewerMoore Development, Ltd. service laterals into each individual lot, waterTO:Mary A. Davis mains and water service laterals into eachCity Clerk individual lot, storm sewers and catch basins,This is to certify that the required security boulevard street lighting and erosion controlfor the foregoing Resolution No. 1-97 has devices all in accordance with the City ofbeen properly filed. Dubuque standard specifications, all in aDated this 13th day of January, 1997. Regular Session, January 6, 1997 /s/ Michael C. Van MilligenManager has examined the work and filed his City Managercertificate stating that the same has been Council Member Voetberg moved adoptioncompleted according to the terms of the of the Resolution. Seconded by Councilcontract, plans and specifications and Member Nicholson. Motion carried 7-0. recommends it acceptance. NOW THEREFORE, BE IT RESOLVED City Manager recommending approval toBY THE CITY COUNCIL OF THE CITY OF reallocate $5,841 of Community DevelopmentDUBUQUE, IOWA: Block Grant funds from employee expense toSection 1. That the recommendation of the cover cost to print Comprehensive PlanCity Manager be approved and that said booklets and Comprehensive Plan maps,improvement be and the same is hereby presented and read. Council Memberaccepted. Voetberg moved that the communication beBE IT FURTHER RESOLVED that the City received and filed and approve theTreasurer be and he is hereby directed to pay reallocation. Seconded by Council Memberto the contractor from Street Construction Nicholson. Motion carried 7-0. Fund in amount equal to the amount of his contract, less any retained percentage City Manager recommending execution ofprovided for therein. a lease for parking spaces for use by the U.S.Passed, approved and adopted this 6th day Postal Service, presented and read. Councilof January, 1997. Member Voetberg moved that theTerrance M. Duggan, Mayor communication be received and filed.Attest: Mary A. Davis, City Clerk Seconded by Council Member Nicholson.Council Member Voetberg moved adoption Motion carried 7-0. of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 2-97 RESOLUTION AUTHORIZING THE CITYRESOLUTION NO. 4-97 MANAGER TO ENTER INTO A YEAR-TO-FINAL ESTIMATE YEAR AGREEMENT WITH THE U.S.Whereas, the contract for the Mt. Carmel POSTAL SERVICE FOR RESERVEGuardrail has been completed and the City PARKING STALLS IN THE IOWA STREETEngineer has submitted his final estimate PARKING RAMP.showing the cost thereof including the cost of Whereas, the City of Dubuque, Iowa hasestimates, notices and inspection and all 38 reserved parking spaces leased to the U.S.miscellaneous costs; Postal Service in the Iowa Street ParkingNOW THEREFORE, BE IT RESOLVED Ramp at the prevailing standard monthly rentalBY THE CITY COUNCIL OF THE CITY OF rate per stall; andDUBUQUE, IOWA: Whereas, the U.S. Postal Service desiresSection 1. That the cost of said to enter into a year-to-year contract leasing 38improvement is hereby determined to be reserved parking stalls in the Iowa Street$43,033.35 and the said amount shall be paid Parking Ramp at the prevailing monthly rate.from Street Construction Fund of the City of NOW, THEREFORE, BE IT RESOLVEDDubuque, Iowa. BY THE CITY COUNCIL OF THE CITY OFPassed, approved and adopted this 6th day DUBUQUE, IOWA:of January, 1997. Section 1. That the City Manager is herebyTerrance M. Duggan, Mayor authorized and directed to enter into theAttest: Mary A. Davis, City Clerk attached agreement with the U.S. PostalCouncil Member Voetberg moved adoption Service for the rental of 38 reserved parkingof the Resolution. Seconded by Council spaces in the Iowa Street Parking Ramp at theMember Nicholson. Motion carried 7-0. prevailing ;monthly rental rate per stall for an initial lease period of one year, effectiveCity Manager recommending that Dr. January 1, 1997.Thomas Miller be appointed as the Medical Passed, approved and adopted this 6th dayDirector for the EMS Activity of the Fire of January, 1997.Department, presented and read. Council Terrance M. Duggan, MayorMember Voetberg moved that the Attest: Mary A. Davis, City Clerkcommunication be received and filed. Council Member Voetberg moved adoptionSeconded by Council Member Nicholson. of the Resolution. Seconded by CouncilMotion carried 7-0. Member Nicholson. Motion carried 7-0. RESOLUTION NO. 5-97 City Manager recommending acceptance ofAPPOINTING THE MEDICAL DIRECTOR construction of Mt. Carmel Guardrail project,FOR THE CITY OF DUBUQUE FIRE , presented and read. Council MemberDEPARTMENT’S ADVANCED Voetberg moved that the communication beEMERGENCY MEDICAL CARE received and filed. Seconded by CouncilAMBULANCE SERVICE Member Nicholson. Motion carried 7-0. Whereas, the rules of the Iowa Department of Health require that an advanced emergency RESOLUTION NO. 3-97medical care ambulance service authorized by ACCEPTING IMPROVEMENTthat Department be under the direction, advice Whereas, the contract for the Mt. Carmelor orders by a Medical Director who supplies Guardrail has been completed and the Cityprofessional expertise for advanced Regular Session, January 6, 1997 emergency medical care; and of the Resolution. Seconded by Council Whereas, Doctor Thomas Miller is a Board-Member Nicholson. Motion carried 7-0. Certified Emergency Department Physician interested in serving in this capacity, and suchRESOLUTION NO. 7-97 service is in the best interest of the City ofA RESOLUTION ACCEPTING A Dubuque.CONVEYANCE OF PROPERTY ON NOW, THEREFORE, BE IT RESOLVEDPENNSYLVANIA AVENUE TO THE CITY BY THE CITY COUNCIL OF THE CITY OFOF DUBUQUE DUBUQUE, IOWA:Whereas, the City of Dubuque entered into Section 1. That Dr. Thomas Miller bean agreement with Joan Miller, pursuant to hereby appointed as Medical Director of thewhich Joan Miller, agreed to convey a part of City of Dubuque’s twenty-four hour AdvancedLot 1 of Block 3 of Embassy West Emergency Medical Care Ambulance ServiceSubdivision, in the City of Dubuque, Iowa, as authorized by the Iowa Department of Health.shown on the Acquisition Plat thereof; and Passed, approved and adopted this 6th dayWhereas, Joan Miller, has executed a of January, 1997.conveyance of said property. Terrance M. Duggan, MayorNOW, THEREFORE, BE IT RESOLVED Attest: Mary A. Davis, City ClerkBY THE CITY COUNCIL OF THE CITY OF Council Member Voetberg moved adoptionDUBUQUE, IOWA: of the Resolution. Seconded by CouncilSection 1.The City Council of the City of Member Nicholson. Motion carried 7-0. Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from City Manager recommending support of aJoan Miller, copies of which are attached grant application from REACH Center, whichhereto, as required by Iowa Code Section specializes in multicultural/global education,569.7. presented and read. Council MemberSection 2.The Mayor is hereby Voetberg moved that the communication beauthorized and directed to execute and received and filed and recommendationacknowledge on behalf of the City of Dubuque approved. Seconded by Council Memberany instruments in connection herewith. Nicholson. Motion carried 7-0. Passed, approved and adopted this 6th day of January, 1997. City Manager recommending acceptance ofTerrance M. Duggan, Mayor warranty deeds for right-of-way purchases onAttest: Mary A. Davis, City Clerk Pennsylvania Avenue, 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 Nicholson. Motion carried 7-0. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 8-97 A RESOLUTION ACCEPTING A RESOLUTION NO. 6-97CONVEYANCE OF PROPERTY ON A RESOLUTION ACCEPTING APENNSYLVANIA AVENUE TO THE CITY CONVEYANCE OF PROPERTY ONOF DUBUQUE PENNSYLVANIA AVENUE TO THE CITYWhereas, the City of Dubuque entered into OF DUBUQUEan agreement with Charles & Mark M. Whereas, the City of Dubuque entered intoNauman, pursuant to which Charles & Mark an agreement with Ronald & John Herrig,M. Nauman, agreed to convey a part of Lot 1 pursuant to which Ronald & John Herrig,of 2 of the SE 1/4 of the SE 1/4 of Section 20, agreed to convey a part of Lot 1 of 1 of A ofT89N, R2E, 5th P.M., Dubuque County, Iowa Embassy West Subdivision, in the City ofand Part of Lot 2 of 1 of 1 of Block 1 of Dubuque, Iowa, as shown on the AcquisitionNorthrange Industrial Park, in the City of Plat thereof; and Dubuque, Iowa, as shown on the Acquisition Whereas, Ronald & John Herrig, havePlats thereof; and executed a conveyance of said property.Whereas, Charles & Mark M. Nauman, NOW, THEREFORE, BE IT RESOLVEDhave executed a conveyance of said property. BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF Section 1.The City Council of the City ofDUBUQUE, IOWA: Dubuque, Iowa, hereby approves of, acceptsSection 1.The City Council of the City of and consents to the Warranty Deed fromDubuque, Iowa, hereby approves of, accepts Ronald & John Herrig, copies of which areand consents to the Warranty Deeds from attached hereto, as required by Iowa CodeCharles & Mark M. Nauman, copies of which Section 569.7.are attached hereto, as required by Iowa Code Section 2.The Mayor is herebySection 569.7. authorized and directed to execute andSection 2.The Mayor is hereby acknowledge on behalf of the city of Dubuqueauthorized and directed to execute and any instruments in connection herewith.acknowledge on behalf of the city of Dubuque Passed, approved and adopted this 6th dayany instruments in connection herewith. of January, 1997.Passed, approved and adopted this 6th day Terrance M. Duggan, Mayorof January, 1997. Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Voetberg moved adoptionAttest: Mary A. Davis, City Clerk Regular Session, January 6, 1997 Council Member Voetberg moved adoption6th, January 1997. of the Resolution. Seconded by CouncilTerrance M. Duggan, Mayor Member Nicholson. Motion carried 7-0. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption City Manager recommending approval thatof the Resolution. Seconded by Council Tri-State Occupational Health be hired toMember Nicholson. Motion carried 7-0. conduct the City Employee Wellness Program at a cost not to exceed $17,775, presentedBOARDS AND COMMISSIONS: and read. Council Member Voetberg movedThe applicants were invited to address the that the communication be received and filedCouncil to indicate their desire to serve on and recommendation approved. Seconded byfollowing Boards/Commissions. Council Member Nicholson. Motion carried 7- 0. HUMAN RIGHTS COMMISSION — Applicants: Kathy Blau, Joseph Hopkins, City Manager recommending release ofEvelyn Jackson, Nancy Miller, Linda Smith remaining $7,5000 of budgeted monies for theand Diane TeKippe. Nancy Miller, Kathy Blau work of the Tri-State Health Care Coalition,and Diane Tekippe, assisted by Deb Herrig, presented and read. Council Memberspoke requesting consideration for Voetberg moved that the communication beappointment. received and filed and recommendation approved. Seconded by Council MemberHOUSING CODE APPEALS BOARD — Nicholson. Motion carried 7-0. Applicants: David Althaus, Boniface Arthofer. No one spoke. RESOLUTION NO. 9-97 Whereas, applications for Beer PermitsCouncil Member Voetberg moved to have been submitted and filed to this Councilsuspend the rules to allow anyone present to for approval and the same have beenaddress the Council if they so desire. examined and approved; and Seconded by Council Member Michalski. Whereas, the premises to be occupied byMotion carried 7-0. such applicants were inspected and found to comply with the Ordinances of this City andPublic Hearings to consider assessing civil have filed proper bonds.penalties against following licensed NOW, THEREFORE, BE IT RESOLVEDestablishments for alcohol violations: Eagle BY THE CITY COUNCIL OF THE CITY OFFood Center, 2050 JFK Road; Iowa Oil DUBUQUE, IOWA:Company, 3200 Central; Iowa Oil Company, That the Manager be authorized to cause to1998 Jackson St. and Park Square Tavern, be issued the following named applicants a600 Central Ave., presented and read. Beer Permit.Jim Hall, Manager of Eagle Food Center on CLASS “C” BEER PERMITJFK Road, spoke. Iowa Oil CompanyIOCO Speede ShoppeCouncil Member Voetberg moved to # 33+(Sunday Sales)3200 Centralapprove the penalties in the amount of $300. Passed, approved and adopted this 6th daySeconded by Council Member Nicholson. January, 1997.Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A Davis, City ClerkProof of publication certified to by the Council Member Voetberg moved adoptionPublisher on Notice of Public Hearing to of the Resolution. Seconded by Councilconsider rezoning property located South of Member Nicholson. Motion carried 7-0. Asbury Road and West of the NW Arterial from AG to C-3 District, , presented and read. RESOLUTION NO. 10-97Council Member Voetberg moved that the Whereas, applications for Liquor Licensesproof be received and filed. Seconded by have been submitted to this Council forCouncil Member Buol. Motion carried 7-0. approval and the same have been examined and approved; and An Ordinance Amending Zoning Map by Whereas, the premises to be occupied byreclassifying property located South of Asbury such applicants were inspected and found toRoad and West of Northwest Arterial from AG comply with the State Laws and all CityAgricultural District to C-3 General Ordinances relevant thereto and they haveCommercial District, with conditions, (first and filed second readings were given 12-16-96), now proper bonds.presented for further action. NOW, THEREFORE, BE IT RESOLVEDMike Remakel of 13988 Surrey Lane, BY THE CITY COUNCIL OF THE CITY OFspoke requesting rezoning. DUBUQUE, IOWA:Council Member Voetberg moved to table That the Manager be authorized to cause toaction on this matter to the Council Meeting of be issued the following named applicants2-17-97 with the continuation of the Public a Liquor License.Hearing. Seconded by Council Member Buol. CLASS "C" (COMMERCIAL) BEER &Motion carried 7-0. LIQUOR LICENSEProof of publication certified to by the Phillip R. LoveThe LoungePublisher on Notice of Public Hearing to +(Sunday Sales) 481 Locust St.consider rezoning property located at 1105 Passed, approved and adopted this day ofUniversity Ave. from C-2 to C-3 District, Regular Session, January 6, 1997 presented and read. Council Member2)Any new signage will be limited to the C-2 Voetberg moved that the proof be receivedDistrict Sign Regulations. and filed. Seconded by Council Member3)No alcohol may be served on the property. Robbins. Motion carried 7-0. 4)Businesses must be closed by 10:00 p.m. B)Reclassification of the Subject Property. An Ordinance Amending Zoning Map byThe City of Dubuque, Iowa may initiate zoning reclassifying property located at 1105reclassification proceedings to the C-2 University Avenue from C-2 NeighborhoodNeighborhood Shopping Center District Shopping Center District to C-3 General(which rezoning will include the removal of the Commercial District, with conditions, (with firstperformance standards in Exhibit "A") if the and second readings given 12-16-96), nowproperty owners fail to complete any of the presented for further action. conditions or provisions of this Agreement. C) Modifications. Any modifications of this (OFFICIAL PUBLICATION)Agreement shall be considered a zoning ORDINANCE NO. 1-97reclassification and shall be subject tot he AN ORDINANCE AMENDING APPENDIX Aprovisions of the Zoning Ordinance governing (THE ZONING ORDINANCE) OF THE CITYzoning reclassifications. All such OF DUBUQUE CODE OF ORDINANCES,modifications must be approved by the City BY RECLASSIFYING HEREINAFTERCouncil of Dubuque, Iowa. DESCRIBED PROPERTY LOCATED ATD) Recording. A copy of this Agreement shall 1105 UNIVERSITY AVENUE FROM C-2be recorded with the Dubuque County NEIGHBORHOOD SHOPPING CENTERRecorder as a permanent record of the DISTRICT TO C-3 GENERALconditions accepted as part of this rezoning COMMERCIAL DISTRICT, WITHapproval within ten (10) days of the adoption of CONDITIONS.Ordinance No. 1-96. NOW, THEREFORE, BE IT ORDAINEDE)Construction. This Agreement shall be BY THE CITY COUNCIL OF THE CITY OFconstrued and interpreted as though it were DUBUQUE, IOWA:part of Appendix A of the Code of Ordinances Section 1. That Appendix A (the Zoningof the City of Dubuque, also known as the Ordinance) of the City of Dubuque Code ofZoning Ordinance of the City of Dubuque, Ordinances is hereby amended byIowa. reclassifying the hereinafter describedF)This Agreement shall be binding upon the property from C-2 Neighborhood Shoppingundersigned and his/her heirs, successor and Center District to C-3 General Commercialassignees. District, with conditions as stated in theACCEPTANCE OF ORDINANCE NO. 1-97 attached Memorandum of Agreement, to wit:We, Nick and Jane Hancock, having read Lot 16 of Marsh’s Dubuque #2 and to thethe terms and conditions of the foregoing center line of the adjoining public right-of-Ordinance No. 1-97 and being familiar with the way, all in the City of Dubuque, Iowa.conditions thereof, hereby accept this same Section 2. The foregoing amendment hasand agree to the conditions required therein. heretofore been reviewed by the ZoningDated in Dubuque, Iowa this 29th day of Advisory Commission of the City of Dubuque,December, 1996. Iowa.By /s/ Nick Hancock Section 3. This ordinance shall take effectBy /s/ Jane Hancock immediately upon publication, as provided byPublished officially in the Telegraph Herald law. newspaper this 14th day of January, 1997. Passed, approved and adopted this 6th day 1t 1/14Mary A. Davis CMC, City Clerk of January, 1997. Council Member Voetberg moved final Terrance M. Duggan, Mayor consideration and passage of the Ordinance. Attest: Mary A. Davis, City Clerk Seconded by Council Member Robbins. MEMORANDUM OF AGREEMENT Motion carried 7-0. Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of Proof of publication certified to by the rezoning of the property described as:Publisher on Notice of Public Hearing on Lot 16 of Marsh’s Dubuque #2, and to theestablishing the Kennedy/Bonson Road center line of the adjoining public right-of-Sanitary Sewer Interceptor Extension District way, all in the City of Dubuque, Iowa.and City Manager recommending acceptance which is the subject of Ordinance No. 1-97, aof construction contract for project in amount copy of which is attached hereto andof $153,397.10 and set the per acre incorporated herein by reference, theconnection charges, presented and read. undersigned property owners, Nick and JaneCouncil Member Buol moved that the proof Hancock, agree to the following conditions, alland communication be received and filed. of which the property owner further agrees areSeconded by Council Member Nicholson. reasonable and are imposed to satisfy publicMotion carried 7-0. needs which are caused directly by the Randy Judge, 2829 Bonson Rd., and John rezoning: Kivlahan, 4942 Wildflower, both spoke A)Performance Standards requesting clarification of time frame of 1)The uses on the property would be limited to payment of assessment. those provided in the C-2 Neighborhood Shopping Center District and the use of the An Ordinance Establishing the property for an indoor amusement center. Kennedy/Bonson Road Sanitary Sewer Regular Session, January 6, 1997 Interceptor Extension District and a Schedule5.29$ 3,709.99 of Fees for the Connection of property to CityLot 1 of Blosch Property - Hacienda Land Sewer, presented and read. Corp.37.54$26,327.60 Lot 2 of Blosch Property - Randall H. & (OFFICIAL PUBLICATION)Patricia J. Judge3.40$ 2,384.49 ORDINANCE NO. 2-97Block 2 of Buena Vista Subd. #5 - Joseph AN ORDINANCE ESTABLISHING THEH. & Gail A. Mond6.80$ 4,768.99 KENNEDY/BONSON ROAD SANITARYLot 2-2-1 of the E ½ of SW 1/4 of Section 16 SEWER INTERCEPTOR EXTENSION- Tim Hilby12.40$ 8,696.38 DISTRICT AND A SCHEDULE OF FEESLot 1-1 of Mineral Lot 455 - Lemar Koethe FOR THE CONNECTION OF PROPERTY9.49$ 6,655.54 TO CITY SEWERLot 3 of Mineral Lot 454 - Lemar Koethe Whereas, after full consideration of the final0.45$ 315.60 connection fee schedule showing theLot 2-1 of Mineral Lot 455 - Lemar Koethe connection fees proposed to be made for the2.26$ 1,584.99 Kennedy/Bonson Road Sanitary SewerLot 1-1-1-1-1-1-1-1-1-1-9 of NE 1/4 Section Interceptor Extension, which schedule of16 -John Kivlahan13.90$ 9,748.37 connection fees was filed in the office of theLot 2-1 of Helen & Mary Stewarts - John City Clerk on the 27th day of November, 1996;Kivlahan8.26$ 5,792.91 andLot 2-2 of Helen & Mary Stewarts - John Whereas, the City Council has determinedKivlahan3.39$ 2,756.19 that the amounts shown on said schedule areLot 2-6 of the NE 1/4 Section 16 - Frank proper and are in proportion to the benefitsHardie Advertising Co.0.85$ 596.12 conferred; andLot 5 of NE 1/4 of Section 16 - Frank Hardie Whereas, the City Council further finds thatAdvertising Co.1.17$ 1,199.26 the Kennedy/Bonson Road Sanitary SewerLot 3-2 of Helen & Mary Stewarts - Frank Interceptor Extension District should beHardie Advertising Co.2.93$ 2,054.87 established and the connection fee scheduleLot 1-3-1 & 2-3-1 of Helen & Mary Stewarts approved and adopted.(20.98)($14,713.72) NOW, THEREFORE, BE IT ORDAINED(Consists of City of Dubuque BY THE CITY COUNCIL OF THE CITY OF0.87 $ 610.15 DUBUQUE, IOWA: (Consists of Dubuque Community School Section 1. There is hereby established theDistrict20.11$14,103.57 Kennedy/Bonson Road Sanitary SewerTOTALS136.21$95,526.97 Interceptor Extension District and a scheduleNorth Collector Line of fees for the connection of property to City$70.67 connection fee per foot sewer, as shown on the schedule attached LOT DESCRIPTION - OWNER hereto.FEETCONNECTION FEE Section 2. Each person whose propertyLot 1 Atkinson Place(The East ½ only) - will be served by connection to City sewerAsbury Road Bible Church shall pay a connection fee to the City, as153.25$10,829.09 shown on the schedule attached hereto.Lot 1 Atkinson Place(The West ½ only) - Section 3. Such connection fee shall beAsbury Road Bible Church due and payable when a sewer connection153.25 $10,829.08 application is filed with the City. All feesLot 2 Atkinson Place(The East ½ only) - collected under this Ordinance shall be paid toSummit Congregational Church the City Treasurer.204.00 $14,415.70 Section 4. The City Clerk is herebyLot 2 Atkinson Place(The West ½ only) - authorized and directed to certify a copy ofSummit Congregational Church this Ordinance for recording in the office of the204.00 $14,415.69 Dubuque County Recorder.West Collector Line Passed, approved and adopted this 6th day$1,372.10 connection fee per acre of January, 1997.LOT DESCRIPTION - OWNER Terrance M. Duggan, MayorFEETCONNECTION FEE Attest: Mary A. Davis, City ClerkBlock 2 Buena Vista Subd. - Joseph H. & Published officially in the Telegraph HeraldGail M. Mond6.80$9,376.95 newspaper this 14th day of January, 1997.Lot 2 Blosch Property (Southwest 150') - 1t 1/14Mary A. Davis CMC, City Clerk Randall H. & Patricia J. Judge CITY OF DUBUQUE, IOWA1.63 $2,219.22 SCHEDULE OF CONNECTION FEES FORLot 2 Blosch Property(Northeast 162.17') - THE KENNEDY/BONSON ROADRandall H. & Patricia J. Judge SANITARY SEWER INTERCEPTOR1.77 $2,399.28 EXTENSION DISTRICTCouncil Member Buol moved that the Interceptor Sewerrequirement that a proposed Ordinance be considered and voted on for passage at two $701.32 connection fee per acre Council Meetings prior to the meeting at which LOT DESCRIPTION - OWNER it is to be finally passed be suspended. ACRESCONNECTION FEE Seconded by Council Member Nicholson. Lot 1 Atkinson Place - Asbury Rd. Bible Motion carried 7-0. Council Member Buol Church6.02$ 4,221.95 moved final consideration and passage of the Lot 2 Atkinson Place - Summit Ordinance. Seconded by Council Member Congregational Church of Christ Regular Session, January 6, 1997 Robbins. Motion carried 7-0. 40-81 establishing the Washington Street Urban Revitalization Area to allow late Proof of publication certified to by theapplications for Tax Exemptions to be filed by Publisher on Notice of Public Hearing toproperty owners, presented and read. consider amendment to the lease agreement with Dubuque Montessori School and City(OFFICIAL PUBLICATION) Manager recommending approval ofORDINANCE NO. 3-97 amendment, presented and read. Council AN ORDINANCE AMENDING CITY OF Member Robbins moved that the proof andDUBUQUE ORDINANCE NO. 40-81 communication be received and filed.ESTABLISHING THE WASHINGTON Seconded by Council Member Nicholson.STREET URBAN REVITALIZATION AREA Motion carried 7-0. TO ALLOW LATE APPLICATIONS FOR TAX EXEMPTIONS TO BE FILED BY RESOLUTION NO. 11-97PROPERTY OWNERS. RESOLUTION APPROVING ANWhereas, the City of Dubuque Ordinance AMENDMENT TO THE LEASENo. 40-81 established the Washington Street AGREEMENT WITH DUBUQUEUrban Revitalization Area; and MONTESSORI SCHOOL, INC.Whereas, Iowa Code Section 404.4 Whereas, published notice of date, timerequires the first application for a tax and place of public hearing, published in theexemption to be filed by the owner of property Telegraph Herald, a newspaper of generalwith the City Council by February 1 of the circulation published in the City of Dubuque,assessment year for which the exemption is Iowa, on the 27th day of December, 1996, thefirst claimed, but allows the City Council to City Council of the City of Dubuque, Iowa, metpermit the owner to file the first application by on the 6th day of January, 1997, at 7:00 p.m.,February 1 of any other assessment year in the Public Library Auditorium, Eleventh andselected by the City Council; and Locust Streets, Dubuque, Iowa, to considerWhereas, the City Council has determined the first amendment to the Lease Agreementthat it is necessary in the interest of the public between the City of Dubuque and thehealth, safety and welfare of the residents of Dubuque Montessori School, a copy of whichthe City of Dubuque to amend the Washington is attached hereto and incorporated herein byStreet Urban Revitalization Plan to permit the late filing of an application in the second reference; and through tenth assessment years, subject to Whereas, the City Council of the City of review and approval by the City Assessor; and Dubuque, Iowa, overruled any and all Whereas, a public hearing has been held objections, oral or written, to the lease on this amendment to the Washington Street agreement; Urban Revitalization Plan, and all other NOW, THEREFORE, BE IT RESOLVED requirements of Iowa Code Chapter 404 have BY THE CITY COUNCIL OF THE CITY OF been met. DUBUQUE, IOWA: NOW, THEREFORE, BE IT ORDAINED Section 1. The amendment to the Lease BY THE CITY COUNCIL OF THE CITY OF Agreement between the City of Dubuque and DUBUQUE, IOWA; Dubuque Montessori School, Inc., a copy of Section 1. The Section entitled "Application which is attached hereto, is hereby approved. and Review Procedure (1)" as originally Section 2. The Mayor is authorized and established by Ordinance No. 40-81 is hereby directed to execute the Lease Agreement on amended by adding thereto the following: behalf of the City of Dubuque. The property owner must apply for an Passed, approved and adopted this 6th day exception by February 1 of the assessment of January, 1997. year for which the exemption is first Terrace M. Duggan, Mayor claimed, but not later that the year in which Attest: Mary A. Davis, City Clerk all the improvements are first Council Member Robbins moved adoption assessed for taxation. Upon the request of of the Resolution. Seconded by Council the owner, the governing body of the Member Nicholson. Motion carried 7-0. City may provide by resolution that the Proof of publication certified to by theowner may file an application no later than Publisher on Notices of Public Hearings toFebruary 1 of the tenth assessment year. consider amendments to various ordinancesSection 2. The Washington Street Urban to allow late applicants for Tax Exemptions toRevitalization Plan as amended shall hereafter be filed by property owners for Washingtonbe on file in the City Clerk's Office, City Hall, Street Urban Revitalization Area, JacksonDubuque, Iowa. Park Urban Revitalization Area, Upper MainPassed, approved and adopted this 6th day Urban Revitalization Area and West 11thof January, 1997. Street Urban Revitalization Area, and CityTerrance M. Duggan, Mayor Manager recommending approval of ordinanceAttest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald amendments, presented and read. Council Member Voetberg moved that the proofs andnewspaper this 14th day of January, 1997. communication be received and filed.1t 1/14Mary A. Davis CMC, City Clerk Seconded by Council Member Nicholson.Council Member Voetberg moved that the Motion carried 7-0. requirement that a proposed Ordinance be considered and voted on for passage at two An Ordinance Amending Ordinance No.Council Meetings prior to the meeting at which Regular Session, January 6, 1997 it is to be finally passed be suspended.Attest: Mary A. Davis, City Clerk Seconded by Council Member Michalski.Published officially in the Telegraph Herald Motion carried 7-0. Council Member Voetberg newspaper this 14th day of January, 1997. moved final consideration and passage of the 1t 1/14 Mary A. Davis CMC, City Clerk Ordinance. Seconded by Council Member Council Member Voetberg moved that the Michalski. Motion carried 7-0. requirement that a proposed Ordinance be considered and voted on for passage at two An Ordinance Amending Ordinance No. Council Meetings prior to the meeting at which 74-80 establishing the Jackson Park Urban it is to be finally passed be suspended. Revitalization area to allow late applications for Seconded by Council Member Michalski. Tax Exemptions to be filed by property Motion carried 7-0. Council Member Voetberg owners, presented and read. moved final consideration and passage of the Ordinance. Seconded by Council Member (OFFICIAL PUBLICATION) Michalski. Motion carried 7-0. ORDINANCE NO. 4-97 AN ORDINANCE AMENDING CITY OF An Ordinance Amending Ordinance No. DUBUQUE ORDINANCE NO. 74-80 69-95 establishing the Upper Main Urban ESTABLISHING THE JACKSON PARK Revitalization area to allow late applications for URBAN REVITALIZATION AREA TO Tax Exemptions to be filed by property ALLOW LATE APPLICATIONS FOR TAXowners, presented and read. EXEMPTIONS TO BE FILED BY PROPERTY OWNERS.(OFFICIAL PUBLICATION) Whereas, the City of Dubuque OrdinanceORDINANCE NO. 5-97 No. 74-80 established the Jackson ParkAN ORDINANCE AMENDING CITY OF Urban Revitalization Area; andDUBUQUE ORDINANCE NO. 69-95 Whereas, Iowa Code Section 404.4ESTABLISHING THE UPPER MAIN URBAN requires the first application for a taxREVITALIZATION AREA TO ALLOW LATE exemption to be filed by the owner of propertyAPPLICATIONS FOR TAX EXEMPTIONS with the City Council by February 1 of theTO BE FILED BY PROPERTY OWNERS. assessment year for which the exemption isWhereas, the City of Dubuque Ordinance first claimed, but allows the City Council toNo. 69-95 established the Upper Main Urban permit the owner to file the first application by Revitalization Area; and February 1 of any other assessment year Whereas, Iowa Code Section 404.4 selected by the City Council; and requires the first application for a tax Whereas, the City Council has determined exemption to be filed by the owner of property that it is necessary in the interest of the public with the City Council by February 1 of the health, safety and welfare of the residents of assessment year for which the exemption is the City of Dubuque to amend the Jackson first claimed, but allows the City Council to Park Urban Revitalization Plan to permit the permit the owner to file the first application by late filing of an application in the second February 1 of any other assessment year through tenth assessment years, subject to selected by the City Council; and review and approval by the City Assessor; and Whereas, the City Council has determined Whereas, a public hearing has been held that it is necessary in the interest of the public on this amendment to the Jackson Park Urban health, safety and welfare of the residents of Revitalization Plan, and all other requirements the City of Dubuque to amend the Upper Main of Iowa Code Chapter 404 have been met. Urban Revitalization Plan to permit the late NOW, THEREFORE, BE IT ORDAINED filing of an application in the second through BY THE CITY COUNCIL OF THE CITY OF tenth assessment years, subject to review and DUBUQUE, IOWA: approval by the City Assessor; and Section 1. The Section entitled Whereas, a public hearing has been held "Application and Review Procedure (1)" as on this amendment to the Upper Main Urban originally established by Ordinance No. 74-80 Revitalization Plan, and all other requirements is hereby amended by adding thereto the of Iowa Code Chapter 404 have been met. following:NOW, THEREFORE, BE IT ORDAINED The property owner must apply for anBY THE CITY COUNCIL OF THE CITY OF exception by February 1 of the assessmentDUBUQUE, IOWA; year for which the exemption is firstSection 1. The Section 5.1(d) as originally claimed, but not later that the year in whichestablished by Ordinance No. 69-95 is hereby all the improvements are first assessed foramended by adding thereto the following: taxation. Upon the request of the owner,The property owner must apply for an the governing body of the City may provideexception by February 1 of the assessment by resolution that the owner may file anyear for which the exemption is first application no later than February 1 of theclaimed, but not later that the year in which tenth assessment year.all the improvements are first assessed for Section 2. The Jackson Park Urban taxation. Upon the request of the owner, Revitalization Plan as amended shall hereafter the governing body of the City may provide be on file in the City Clerk's Office, City Hall, by resolution that the owner may file an Dubuque, Iowa. application no later than February 1 of the Passed, approved and adopted this 6th day tenth assessment year. of January, 1997. Section 2. The Upper Main Urban Terrance M. Duggan, Mayor Revitalization Plan as amended shall hereafter Regular Session, January 6, 1997 be on file in the City Clerk's Office, City Hall,claimed, but not later that the year in which Dubuque, Iowa.all the improvements are first assessed for Passed, approved and adopted this 6th daytaxation. Upon the request of the owner, of January, 1997.the governing body of the City may provide Terrance M. Duggan, Mayorby resolution that the owner may file an Attest: Mary A. Davis, City Clerkapplication no later than February 1 of the Published officially in the Telegraph Heraldtenth assessment year. Section 2. The West 11th Street Urban newspaper this 14th day of January, 1997. Revitalization Plan as amended shall hereafter 1t 1/14Mary A. Davis CMC, City Clerk be on file in the City Clerk's Office, City Hall, Council Member Voetberg moved that the Dubuque, Iowa. requirement that a proposed Ordinance be Passed, approved and adopted this 6th day considered and voted on for passage at two of January, 1997. Council Meetings prior to the meeting at which Terrance M. Duggan, Mayor it is to be finally passed be suspended. Attest: Mary A. Davis, City Clerk Seconded by Council Member Michalski. Published officially in the Telegraph Herald Motion carried 7-0. Council Member Voetberg moved final consideration and passage of thenewspaper this 14th day of January, Ordinance. Seconded by Council Member1997. Michalski. Motion carried 7-0. 1t 1/14Mary A. Davis CMC, City Clerk Council Member Voetberg moved that the An Ordinance Amending Ordinance No.requirement that the proposed Ordinances be 15-81 establishing the West 11th Streetconsidered and voted on for passage at two Urban Revitalization area to allow lateCouncil Meetings prior to the meeting at which applications for Tax Exemptions to be filed bythey are to be finally passed be suspended. property owners, presented and read. Seconded by Council Member Michalski. Motion carried 7-0. Council Member Voetberg (OFFICIAL PUBLICATION)moved final consideration and passage of the ORDINANCE NO. 6-97Ordinances. Seconded by Council Member AN ORDINANCE AMENDING CITY OFMichalski. Motion carried 7-0. DUBUQUE ORDINANCE NO. 15-81 ESTABLISHING THE WEST 11TH STREETProof of publication certified to by the URBAN REVITALIZATION AREA TOPublisher on Notice of Hearing on Plans and ALLOW LATE APPLICATIONS FOR TAXSpecifications for the Mooring Dolphins for EXEMPTIONS TO BE FILED BYDelta Queen Landing Site, presented and PROPERTY OWNERS.read. Council Member Voetberg moved that Whereas, the City of Dubuque Ordinancethe proof be received and filed. Seconded by No. 15-81 established the West 11th StreetCouncil Member Nicholson. Motion carried 7- Urban Revitalization Area; and0. Whereas, Iowa Code Section 404.4 requires the first application for a taxRESOLUTION NO. 12-97 exemption to be filed by the owner of propertyRESOLUTION ADOPTING PLANS with the City Council by February 1 of theAND SPECIFICATIONS assessment year for which the exemption isWhereas, on the 27th day of November, first claimed, but allows the City Council to1996, plans, specifications, form of contract permit the owner to file the first application byand estimated cost were filed with the City February 1 of any other assessment yearClerk of Dubuque, Iowa for the Mooring selected by the City Council; andDolphins for Delta Queen Landing Site. Whereas, the City Council has determinedWhereas, notice of hearing on plans, that it is necessary in the interest of the publicspecifications, form of contract, and estimated health, safety and welfare of the residents ofcost was published as required by law. the City of Dubuque to amend the West 11thNOW THEREFORE, BE IT RESOLVED Street Urban Revitalization Plan to permit theBY THE CITY COUNCIL OF THE CITY OF late filing of an application in the secondDUBUQUE, IOWA: through tenth assessment years, subject toThat the said plans, specifications, form of review and approval by the City Assessor; andcontract and estimated cost are hereby Whereas, a public hearing has been heldapproved as the plans, specifications, form of on this amendment to the West 11th Streetcontract and estimated cost for said Urban Revitalization Plan, and all otherimprovements for said project. requirements of Iowa Code Chapter 404 havePassed, adopted and approved this 6th day been met.of January, 1997. NOW, THEREFORE, BE IT ORDAINEDTerrance M. Duggan, Mayor BY THE CITY COUNCIL OF THE CITY OFAttest: Mary A. Davis, City Clerk DUBUQUE, IOWA;Council Member Voetberg moved adoption Section 1. The Section entitledof the Resolution. Seconded by Council "Application and Review Procedure 1" asMember Nicholson. Motion carried 7-0. originally established by Ordinance No. 15-81 is hereby amended by adding thereto theProof of publication certified to by the following:Publisher on Notice to Bidders of the Receipt The property owner must apply for anof bids for project and City Manager exception by February 1 of the assessmentrecommending to award contract for project, year for which the exemption is firstpresented and read. Council Member Regular Session, January 6, 1997 Voetberg moved that the proof anddescribed be and the same is hereby communication be received and filed.approved and the Mayor and City Clerk be and Seconded by Council Member Nicholson.they are hereby authorized and directed to Motion carried 7-0. execute said plat for and on behalf of the City of Dubuque, Iowa. RESOLUTION NO. 13-97Section 2. The City reserves unto itself a AWARDING CONTRACTperpetual easement including the right of Whereas, sealed proposals have beeningress and egress thereto, for the purpose of submitted by contractors for the Mooringerecting, installing, constructing, Dolphins for Delta Queen Landing Sitereconstructing, repairing, owning, operating, pursuant to Resolution No. 446-96 and noticeand maintaining water, sewer, drainage, gas, to bidders published in a newspaper publishedtelephone, t.v. cable and electric lines as may in the City of Dubuque, Iowa on the Decemberbe authorized by the City of Dubuque, Iowa. 13, 1996.Section 3. That the City Clerk be and is Whereas, said sealed proposals werehereby authorized and directed to file said plat opened and read on the 19th day ofand certified copy of this resolution in the December, 1996 and it has been determinedoffice of the Recorder, in and for Dubuque that the bid of Newt Marine Service ofCounty, Iowa. Dubuque, Iowa in the amount of $54,668.00Passed, approved and adopted this 6th day was the lowest bid for the furnishings of allof January, 1997. labor and materials and performing the workTerrance M. Duggan, Mayor as provided for in the plans and specifications.Attest: Mary A. Davis, City Clerk NOW THEREFORE, BE IT RESOLVEDCouncil Member Voetberg moved adoption BY THE CITY COUNCIL OF THE CITY OFof the Resolution. Seconded by Council DUBUQUE, IOWA:Member Robbins. Motion carried 7-0. That the contract for the above improvement be awarded to Newt MarineRESOLUTION NO. 15-97 Service and the Manager be and is herebyRESOLUTION DISPOSING OF CITY directed to execute a contract on behalf of theINTEREST IN LOTS 227A AND 231A OF City of Dubuque for the complete performanceEAST DUBUQUE ADDITION IN THE CITY of the work.OF DUBUQUE, IOWA BE IT FURTHER RESOLVED:Whereas, Bob Walser has requested the That upon the signing of said contract andvacating of Pine Street, from 17th Street to the approval of the contractor's bond, the City18th Street; and Treasurer is authorized and instructed toWhereas, Buesing and Associates of return the bid deposits of the unsuccessfulDubuque, Iowa has prepared and submitted to bidders.the City Council a plat showing the vacated Passed, approved and adopted this 6th daystreet and assigned lot numbers thereto, of January, 1997.which hereinafter shall be known and Terrance M. Duggan, Mayordescribed as Lots 227A and 231A of East Attest: Mary A. Davis, City ClerkDubuque Addition, in the City of Dubuque, Council Member Voetberg moved adoptionIowa; and of the Resolution. Seconded by CouncilWhereas, the City Council of the City of Member Nicholson. Motion carried 7-0. Dubuque, Iowa has determined that this street is no longer required for public use, except for Robert Walser of Walser Movers Inc.easements for public utilities, and vacating requesting City to vacate portion of Pineand sale of said street known as Lots 227A Street between 17th & 18th Streets,and 231A of East Dubuque Addition in the presented and read. Council MemberCity of Dubuque, Dubuque County, Iowa, Voetberg moved that the communication beshould be approved. received and filed. Seconded by CouncilNOW, THEREFORE, BE IT RESOLVED Member Robbins. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 14-97Section 1. That the City of Dubuque RESOLUTION APPROVING PLAT OFintends to dispose of its interest in Lots 227A PROPOSED VACATED PINE STREETand 231A of East Dubuque Addition, in the FROM 17TH STREET TO 18TH STREETCity of Dubuque, Iowa. Whereas, there has been presented to theSection 2. That the conveyance of Lots City Council of the City of Dubuque, Iowa, a227A and 231A of East Dubuque Addition in plat dated January 5, 1997, prepared bythe City of Dubuque, Iowa to Bob Walser be Buesing and Associates of Dubuque, Iowa,contingent upon the payment of $11,700.00, describing the proposed vacated Pine Street,plus publication and filing fees. from 17th Street to 18th Street; andSection 3. The City reserves unto itself a Whereas, said plat conforms to the lawsperpetual easement including the right of and statutes pertaining thereto.ingress and egress thereto, for the purpose of NOW, THEREFORE, BE IT RESOLVEDerecting, installing, constructing, BY THE CITY COUNCIL OF THE CITY OFreconstructing, repairing, owning, operating, DUBUQUE, IOWA:and maintaining water, sewer, drainage, gas, Section 1. That the plat dated January 5,telephone, t.v. cable and electric lines as may 1997 prepared by Buesing and Associates,be authorized by the City of Dubuque, Iowa. relative to the real estate hereinaboveSection 4. That the City Clerk be an is Regular Session, January 6, 1997 hereby authorized and directed to cause noticearising out of the location, installation, of intent to dispose of said real estate to beexistence, construction or maintenance of published in the manner as prescribed by law.awning and to pay reasonable attorney fees Passed, approved and adopted this 6th daytherefor; and of January, 1997.d.Indemnify, defend and hold the City of Terrance M. Duggan, MayorDubuque free and harmless from any and Attest: Mary A. Davis, City Clerkall claims, loss, liability and expense for Council Member Voetberg moved adoptiondeath and/or injuries to third persons or of the Resolution. Seconded by Councildamages to property of third persons, or for Member Robbins. Motion carried 7-0. damage to any property of the City of Dubuque which may occur as a result of or City Manager recommending approval toin connection with the location, installation, construct a canvas awning and sign within theconstruction, maintenance and repair of the public right-of-way at 1296 Central Ave.,facility, work or improvement permitted presented and read. Council Memberherein. Voetberg moved that the communication beSection 4. That the permission herein received and filed. Seconded by Councilgranted is expressly conditioned upon Member Buol. Motion carried 7-0. permittees' further agreement that should the right and privilege herein granted be rescinded An Ordinance Authorizing Jonathanor revoked by the City Council, permittees, or Routley & Canvas Products to construct antheir successors in interest, as owners of the awning at 1296 Central Ave., presented andabutting property, shall within ten (10) days read. after receipt of written notice from the City Manager, so to do, at their own expense, (OFFICIAL PUBLICATION)remove said awning and in the event of their ORDINANCE NO. 7-97failure to do so, the City of Dubuque shall be AN ORDINANCE AUTHORIZINGauthorized to remove said awning at JONATHAN ROUTLEY AND CANVASpermittees' expense and dispose of the same, PRODUCTS TO CONSTRUCT AN AWNINGand the permittee shall have no claim against NOW, THEREFORE, BE IT ORDAINEDthe City or its agents for damages resulting BY THE CITY COUNCIL OF THE CITY OFfrom the removal of said awning. DUBUQUE, IOWA:Section 5. That permittees covenant and Section 1. That Jonathan Routley as theagree that the revocable permit herein granted owner of the premises known as 1296 Centraldoes not constitute an approval of the design, Avenue, Dubuque, Iowa, and legally describederection, location, construction, repair or as 1296 Central Avenue and they are herebymaintenance of said facility and said granted the revocable permit and authority topermittees hereby covenant and agree not to construct and maintain an awning under theassert such claim or defense against the City terms and conditions set forth in thisof Dubuque in the event of claim asserted for Ordinance.death, personal injuries and/or property Section 2. That such construction shall bedamage against the permittees arising out of done in accordance with plans heretoforeor in any way connected with the location, submitted by permittees and approved by theinstallation, construction, design, repair and City Manager, under the supervision andmaintenance of the facility herein permitted. direction of the City Manager, and inSection 6. This Ordinance shall become accordance with all applicable state andeffective and the rights hereunder accrue to federal laws and regulations, and theJonathan Routley when this Ordinance has Ordinances of the City of Dubuque.been adopted by the City Council and the Section 3. That the permission hereinterms and conditions thereof accepted by granted is expressly conditioned onpermittees by acceptance endorsed on this permittees' agreement to:Ordinance. a.Assume any and all liability for damages toSection 7. That the City Clerk be and she persons or property which may result fromis authorized and directed to file at permittees' the existence, location, installation,expense a copy of this ordinance in the Office construction or maintenance of saidof the Recorder in and for Dubuque County, awning; andIowa. b.Procure and maintain in force during thePassed, approved and adopted this 6th day term of this permit a policy of liabilityof January, 1997. insurance as set forth in the attachedTerrance M. Duggan, Mayor Insurance Schedule; andAttest: Mary A. Davis, City Clerk c.Pay on behalf of the City of Dubuque, allACCEPTANCE OF ORDINANCE NO. 7-97 sums which the City of Dubuque shallThe undersigned having read and being become obligated to pay by reason of thefamiliar with the terms and conditions of liability imposed upon the City of DubuqueOrdinance No. 7-97, hereby, for themselves, for damages of any kind resulting from thetheir successors or assigns, as owners of the location, installation, existence,abutting property, accept the same and agree construction or maintenance of said awningto be bound by the conditions and agreements sustained by any person or persons,therein contained to be performed by caused by accident or otherwise to defendpermittees. at its own expense and on behalf of saidBy: /s/ Jonathan Routley City any claim against the City of DubuqueTitle: Owner Regular Session, January 6, 1997 Dated: 12-18-96location, installation, existence, Published officially in the Telegraph Heraldconstruction or maintenance of said underground electrical feed sustained by newspaper this 13th day of January, 1997. any person or persons, caused by accident 1t 1/13Mary A. Davis CMC, City Clerk or otherwise to defend at its own expense Council Member Voetberg moved that the and on behalf of said City any claim against requirement that a proposed Ordinance be the City of Dubuque arising out of the considered and voted on for passage at two location, installation, existence, Council Meetings prior to the meeting at which construction or maintenance of it is to be finally passed be suspended. underground electrical feed and to pay Seconded by Council Member Buol. Motion reasonable attorney fees therefor; and carried 7-0. Council Member Voetberg moved d.Indemnify, defend and hold the City of final consideration and passage of the Dubuque free and harmless from any and Ordinance. Seconded by Council Member all claims, loss, liability and expense for Buol. Motion carried 7-0. death and/or injuries to third persons or damages to property of third persons, or for City Manager recommending approval to damage to any property of the City of run an underground electrical feed within the Dubuque which may occur as a result of or public right-of-way of the alley adjacent to in connection with the location, installation, property at 465 East 12th St., presented and read. Council Member Voetberg moved thatconstruction, maintenance and repair of the the communication be received and filed.facility, work or improvement permitted Seconded by Council Member Buol. Motionherein. carried 7-0. Section 4. That the permission herein granted is expressly conditioned upon An Ordinance Authorizing Superiorpermittees' further agreement that should the Welding Supply to construct undergroundright and privilege herein granted be rescinded electrical feed at 465 E. 12th Street, presentedor revoked by the City Council, permittees, or and read. their successors in interest, as owners of the abutting property, shall within ten (10) days (OFFICIAL PUBLICATION)after receipt of written notice from the City ORDINANCE NO. 8-97Manager, so to do, at their own expense, remove said underground electrical feed and AN ORDINANCE AUTHORIZING in the event of their failure to do so, the City of SUPERIOR WELDING SUPPLY COMPANY Dubuque shall be authorized to remove said TO CONSTRUCT UNDERGROUND underground electrical feed at permittees' ELECTRICAL FEED expense and dispose of the same, and the NOW, THEREFORE, BE IT ORDAINED permittee shall have no claim against the City BY THE CITY COUNCIL OF THE CITY OF or its agents for damages resulting from the DUBUQUE, IOWA: removal of said underground electrical feed. Section 1. That Superior Welding Supply Section 5. That permittees covenant and Company as the owner of the premises known agree that the revocable permit herein granted as 465 E. 12th Street, Dubuque, Iowa, and does not constitute an approval of the design, legally described as 31.2 feet of Lot 201 are erection, location, construction, repair or hereby granted the revocable permit and maintenance of said facility and said authority to construct and maintain permittees hereby covenant and agree not to underground electric feed under the terms and assert such claim or defense against the City conditions set forth in this Ordinance. of Dubuque in the event of claim asserted for Section 2. That such construction shall be death, personal injuries and/or property done in accordance with plans heretofore damage against the permittees arising out of submitted by permittees and approved by the or in any way connected with the location, City Manager, under the supervision and installation, construction, design, repair and direction of the City Manager, and in maintenance of the facility herein permitted. accordance with all applicable state and Section 6. This Ordinance shall become federal laws and regulations, and the Ordinances of the City of Dubuque.effective and the rights hereunder accrue to Section 3. That the permission hereinSuperior Welding Supply Company when this granted is expressly conditioned onOrdinance has been adopted by the City permittees' agreement to:Council and the terms and conditions thereof a.Assume any and all liability for damages toaccepted by permittees by acceptance persons or property which may result fromendorsed on this Ordinance. the existence, location, installation,Section 7. That the City Clerk be and she construction or maintenance of saidis authorized and directed to file at permittees' underground electric feed; andexpense a copy of this ordinance in the Office b.Procure and maintain in force during theof the Recorder in and for Dubuque County, term of this permit a policy of liabilityIowa. Passed, approved and adopted this 6th day insurance as set forth in the attached of January, 1997. Insurance Schedule; and Terrance M. Duggan, Mayor c.Pay on behalf of the City of Dubuque, all Attest: Mary A. Davis, City Clerk sums which the City of Dubuque shall ACCEPTANCE OF ORDINANCE NO. 8-97 become obligated to pay by reason of the The undersigned having read and being liability imposed upon the City of Dubuque familiar with the terms and conditions of for damages of any kind resulting from the Regular Session, January 6, 1997 Ordinance No. 8-97, hereby, for themselves,subject to such terms and conditions as set their successors or assigns, as owners of theforth in the lease. abutting property, accept the same and agreeSection 3. That the City Clerk is hereby to be bound by the conditions and agreementsdirected to give notice in the manner required therein contained to be performed byby law of a public hearing to be held on permittees.January 20, 1997, at 7:00 p.m. in the City By: /s/ Robert C. VanderbiltCouncil Chambers, Carnegie-Stout Public Title: Store ManagerLibrary, Dubuque, Iowa, at which time and Dated: December 19, 1996place all interested parties will be given Published officially in the Telegraph Heraldopportunity to be heard for or against the proposal to lease the facility herein described. newspaper this 13th day of January, 1997. Passed, approved and adopted this 6th day 1t 1/13Mary A. Davis CMC, City Clerk of January, 1997. Council Member Voetberg moved that the Terrance M. Duggan, Mayor requirement that a proposed Ordinance be Attest: Mary A. Davis, City Clerk considered and voted on for passage at two Council Member Michalski moved adoption Council Meetings prior to the meeting at which of the Resolution. Seconded by Council it is to be finally passed be suspended. Member Robbins. Motion carried 7-0. Seconded by Council Member Buol. Motion carried 7-0. Council Member Voetberg moved final consideration and passage of theCorey Development, Ltd. requesting Ordinance. Seconded by Council Membervoluntary annexation adjoining their property Buol. Motion carried 7-0. on the Northwest Arterial, presented and read. Council Member Buol moved that the Rick Dickinson gave a verbal status reportcommunication be received and filed. on progress of various City projects stressingSeconded by Council Member Krieg. Motion that unemployment was down to 2.6% thiscarried 7-0. year as compared to 6.5% last year. He also introduced Dick Landis, the existing industryCity Manager recommending a public Manager and stated appreciation for thehearing be held on January 20, 1997 to support given to the GDDC.consider voluntary annexation as requested by Wendell Corey, presented and read. Council Member Buol moved that the communication City Manager requesting public hearing be be received and filed and set the Public held to consider Lease Agreement with the Hearing for 1-20-97 at 7:00 p.m. in the Public Dubuque Youth Hockey Association, Library Auditorium and that the City Clerk presented and read. Council Member publish notice in the manner prescribed by Michalski moved that the communication be law. Seconded by Council Member Krieg. received and filed. Seconded by Council Motion carried 7-0. Member Robbins. Motion carried 7-0. Patrick A. and Patricia M. Kennedy RESOLUTION NO. 16-97 requesting voluntary annexation adjoining the RESOLUTION DECLARING CITY COUNCIL City Limits on Nightengale Lane, presented INTENT TO LEASE A SECTION OF and read. Council Member Krieg moved that VETERANS' MEMORIAL PARK TO THE the communication be received and filed. DUBUQUE YOUTH HOCKEY Seconded by Council Member Nicholson. ASSOCIATION, INC., AND AUTHORIZING Motion carried 7-0. PUBLIC HEARING Whereas, the City of Dubuque is the owner City Manager recommending a public of a public facility known as Veterans' hearing be held on January 20, 1997 to Memorial Park; consider voluntary annexation as requested by Whereas, the City of Dubuque desires to the Kennedys, presented and read. Council lease a section of Veterans' Memorial Park to Member Krieg moved that the communication the Dubuque Youth Hockey Association, Inc.; be received and filed and set the Public and Whereas, the lease of a section ofHearing for 1-20-97 at 7:00 p.m. in the Public Veterans' Memorial Park to the DubuqueLibrary Auditorium and that the City Clerk Youth Hockey Association, Inc., is determinedpublish notice in the manner prescribed by to be in the public interest.law. Seconded by Council Member NOW, THEREFORE, BE IT RESOLVEDNicholson. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:City Manager submitting documents Section 1. That it is the intent of the Cityproviding for construction of West Third Street Council of the City of Dubuque, Iowa, to lease,Sanitary Sewer and Storm Sewer after a public hearing, to the Dubuque YouthReconstruction project, presented and read. Hockey Association, Inc., a section ofCouncil Member Voetberg moved that the communication be received and filed. Veterans' Memorial Park, located in the City of Seconded by Council Member Buol. Motion Dubuque, for the purpose of operating an ice carried 7-0. arena. Section 2. That the lease, attached hereto RESOLUTION NO. 17-97 and made a part hereof, of such property shall PRELIMINARY APPROVAL OF be in consideration of the sum of $1.00 per PLANS AND SPECIFICATIONS year, for twenty-five years, and shall be Regular Session, January 6, 1997 NOW THEREFORE, BE IT RESOLVEDconstruction. BY THE CITY COUNCIL OF THE CITY OFBE IT FURTHER RESOLVED, that the DUBUQUE, IOWA:amount of the security to accompany each bid That the proposed plans, specifications,shall be in an amount which shall conform to form of contract and estimated cost for thethe provisions of the notice to bidders hereby West 3rd Street Sanitary and Storm Sewerapproved as a part of the plans and Reconstruction Project, in the estimatedspecifications heretofore adopted. amount of $72,648.04, are hereby approvedThat the City Clerk is hereby directed to and ordered filed in the office of the City Clerkadvertise for bids for the construction of the for public inspection.improvements herein provided, to be published Passed, adopted and approved this 6th dayin a newspaper having general circulation in of January, 1997.the City of Dubuque, Iowa, which notice shall Terrance M. Duggan, Mayornot be less than four days nor more than Attest: Mary A. Davis, City Clerktwenty days prior to the receipt of said bids at Council Member Voetberg moved adoption2:00 p.m. on the 23rd day of January, 1997. of the Resolution. Seconded by CouncilBids shall be opened and read by the City Member Buol. Carried by the following vote:Clerk at said time and will be submitted to the Yeas—Mayor Duggan, Council MembersCouncil for final action at 7:00 p.m. on the 3rd Buol, Krieg, Michalski, Nicholson, Robbins,day of February, 1997. Voetberg. Nays—None. Passed, adopted and approved this 6th day of January, 1997. RESOLUTION NO. 18-97Terrance M. Duggan, Mayor FIXING DATE OF HEARING ONAttest: Mary A. Davis, City Clerk PLANS AND SPECIFICATIONSCouncil Member Voetberg moved adoption Whereas, the City Council of the City ofof the Resolution. Seconded by Council Dubuque, Iowa has given its preliminaryMember Buol. Carried by the following vote: approval on the proposed plans,Yeas—Mayor Duggan, Council Members specifications, and form of contract andBuol, Krieg, Michalski, Nicholson, Robbins, placed same on file in the office of the CityVoetberg. Nays—None. Clerk for public inspection of the West 3rd Street Sanitary and Storm SewerCity Manager recommending the Fiscal Reconstruction Project.Year 1998 Annual Action Plan for the NOW THEREFORE, BE IT RESOLVEDCommunity Development Block Grant budget BY THE CITY COUNCIL OF THE CITY OFbe set for public hearing on February 10, DUBUQUE, IOWA:1997, presented and read. Council Member That on the 3rd day of February, 1997, aVoetberg moved that the communication be public hearing will be held at 7:00 p.m. in thereceived and filed and recommendation Public Library Auditorium at which timeapproved. Seconded by Council Member interested persons may appear and be heardBuol. Motion carried 7-0. for or against the proposed plans andAt 8:15 p.m. Council Member Michalski specifications, form of contract and cost ofmoved to go into Closed Session In said improvement, and the City Clerk be andaccordance with Chapter 21.5 1.(j) 1995 Code is hereby directed to cause a notice of timeof Iowa To discuss the purchase of particular and place of such hearing to be published in areal estate where premature disclosure could newspaper having general circulation in thebe reasonably expected to increase the price City of Dubuque, Iowa, which notice shall bethe governmental body would have to pay for not less than four days nor more than twentythat property. Seconded by Council Member days prior to the day fixed for its consideration.Voetberg. Motion carried 7-0. At the hearing, any interested person may appear and file objections to the proposedCouncil reconvened Regular Session at plans, specifications, contract, or estimated9:28 p.m. with Staff being given proper cost of the improvement.direction. Passed, adopted and approved this 6th day of January, 1997.There being no further business, Council Terrance M. Duggan, MayorMember Michalski moved to adjourn. Attest: Mary A. Davis, City ClerkSeconded by Council Member Voetberg. Council Member Voetberg moved adoptionMotion carried 7-0. The meeting adjourned at of the Resolution. Seconded by Council9:29 p.m. Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins,Mary A. Davis CMC Voetberg. Nays—None. City Clerk RESOLUTION NO. 19-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the West 3rd Street Sanitary and Storm Sewer Reconstruction Project is hereby ordered to be advertised for bids for Regular Session, January 6, 1997 Approved , 1997 Adopted , 1997 Mayor Council Members Attest: City Clerk Regular Session, January 20, 1996 DUBUQUE BOARD OF HEALTH OFFICIAL PROCEEDINGS Regular Quarterly Meeting of Board of Approved , 1997 Health, January 20, 1997 Board Met at 6:55 p.m., Public Library Adopted , 1997 Auditorium Present: Chairperson Duggan, Board Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Chairperson Chairperson Duggan read the call and stated this is the Regular Quarterly Meeting of the Board of Health called for the purpose to act upon such business which may properly come before the Board. There was no business to come before the Board at this time. There being no further business, Board Member Nicholson moved to adjourn. Seconded by Board Member Robbins. Board Members Motion carried 7-0. The Board of Health Attest: meeting adjourned at 6:56 p.m. Secretary, Board of Health Mary A. Davis CMC Secretary, Board of Health Regular Session, January 20, 1997 for 12-2 and 12-16; List of Claims and DUBUQUE Summary of Revenues for month ending November 30, 1996; Notices of filing of the final Schedule of Assessments for East 20th CITY COUNCIL Street - Rhomberg Avenue Asphalt Resurfacing Project; Construction of the 1996 P.C. Concrete Paving Project; and 1996 OFFICIAL Sidewalk Repairs within the City, presented PROCEEDINGS and read. Council Member Voetberg moved that the proofs and notices be received and filed. Seconded by Council Member Buol. City Council, Regular Session, January 20, Motion carried 7-0. 1997 Council Met at 7:00 p.m., Public Library NOTICES OF CLAIMS/SUITS — Anne Auditorium. Holmberg in unknown amount for personal Present: Mayor Duggan, Council Members injuries, Tina Kelley in amount of $1,742.67 for Buol, Krieg, Michalski, Nicholson, Robbins, vehicle damages; Katherine Rennison in Voetberg, City Manager Michael Van Milligen, estimated amount of $1,999.16 for vehicle Corporation Counsel Barry A. Lindahl. damages; Anne M. Woods in estimated amount of $532.06 for vehicle damages, Mayor Duggan read the call and stated this presented and read. Council Member is the Regular Session of the City Council Voetberg moved that the claims and suits be called for the purpose to act upon such referred to the Legal Staff for investigation and business which may properly come before the report. Seconded by Council Member Buol. City Council. Motion carried 7-0. Invocation was given by Rev. David Kruse, Corporation Counsel advising following Pastor of Faith United Methodist Church. claims have been referred to various insurance carriers: Personal injury of Betty A. PROCLAMATION — Jan. 26 as “Green Cordes; Personal injury of Joseph J. Hardine Bay Packers’ Sunday,” read and received by and Kathy Green (mother); Car damage of Mayor Duggan. Gary Rambousek, presented and read. Council Member Voetberg moved that the J. Michael Laski and Mark Campbell from communications be received and filed. the Governor’s Traffic Safety Bureau Seconded by Council Member Buol. Motion presented an award to the Mayor. carried 7-0. MINUTES SUBMITTED — Cable TV U.S. Dept. of Agriculture requesting input Regulatory Commission of 12-11 & 1-8; Cable “To determine Iowa’s future, and the future of Community Teleprogramming of 12-3 & 1-7; our community," presented and read. Council Electrical Code Board of 1-2; Environmental Member Voetberg moved that the Stewardship Commission of 1-7; Long Range communication be received and filed. Planning Commission of 12-18, presented and Seconded by Council Member Buol. Motion read. Council Member Voetberg moved that carried 7-0. the minutes be received and filed. Seconded by Council Member Buol. Motion carried 7-0. IOWA DOT advising of their intent to sell the tract of land described as “Lot 3 of Lot 1 of A.Y. McDonald Mfg. Company Place,” City Manager submitting City’s quarterly presented and read. Council Member investment report for period ending 12-31-96, Voetberg moved that this communication be presented and read. Council Member referred to the City Manager. Seconded by Voetberg moved that the report be received Council Member Buol. Motion carried 7-0. and filed. Seconded by Council Member Library Board of Trustees advising that Buol.. Motion carried 7-0. McGladrey and Pullen, L.L.P. has been chosen to assist in the search for a new library Convention and Visitors Bureau submitting director, presented and read. Council Member their report for past three months and the past Voetberg moved that the communication be six months’ program and budget for FY96-97, received and filed. Seconded by Council presented and read. Council Member Member Buol. Motion carried 7-0. Voetberg moved that the report be received and filed. Seconded by Council Member Mrs. Irene Jewett requesting to consider Buol. Motion carried 7-0. the area surrounding Middle Fork when Substance Abuse Services Center studying the problem of surplus deer, submitting their Second Quarter Report for presented and read. Council Member FY’97, presented and read. Council Member Voetberg moved that the communication be Voetberg moved that the communication be referred to the Environmental Stewardship received and filed. Seconded by Council Commission. Seconded by Council Member Member Buol. Motion carried 7-0. Buol. Motion carried 7-0. Proofs of Publication on Council Meetings City Manager recommending acceptance of Regular Session, January 20, 1997 Maus Lake Pumphouse Project, presentedthe usage and concessions agreements with and read. Council Member Voetberg movedthe Northwoods League for the McAleece that the communication be received and filed.Park and Recreation Complex, presented and Seconded by Council Member Buol. Motionread. Council Member Voetberg moved that carried 7-0. the communication be received and filed and recommendation approved. RESOLUTION 20-97Seconded by Council Member Buol. Motion ACCEPTING IMPROVEMENTcarried 7-0. Whereas, the contract for the Operations and Maintenance Department Maus LakeCity Manager recommending to enter into a Pumphouse Project has been completed andconcession agreement with Dave Maiers the City manager has examined the work andConcessions to operate the concession filed his certificate stating that the same hasstands at Flora and Sutton swimming pools, been completed according to the terms of thepresented and read. Council Member contract, plans and specifications andVoetberg moved that the communication be recommends it acceptance.received and filed and approved NOW, THEREFORE, BE IT RESOLVEDrecommendation. Seconded by Council BY THE CITY COUNCIL OF THE CITY OFMember Buol. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the recommendation of theCity Manager recommending that Steve City Manager be approved and that saidUlstad Architects be selected to provide improvement be and the same is herebyproject management for the Old Main Freeway accepted.Frontage Improvement Project in the amount BE IT FURTHER RESOLVED that the Cityof $42,863.00, presented and read. Council Treasurer be and he is hereby directed to payMember Voetberg moved that the to the contractor from the General Fund equalcommunication be received and filed. to the amount of this contract, less anySeconded by Council Member Buol. Motion retained percentage provided for therein.carried 7-0. Passed, approved and adopted this 20th day of January, 1997.RESOLUTION NO. 22-97 Terrance M. Duggan, MayorRESOLUTION CONFIRMING SELECTION Attest: Mary A. Davis, City ClerkOF STEVE ULSTAD ARCHITECTS TO Council Member Voetberg moved adoptionPROVIDE CONSTRUCTION of the Resolution. Seconded by CouncilMANAGEMENT FOR THE OLD MAIN Member Buol. Motion carried 7-0. FREEWAY FRONTAGE IMPROVEMENT PROJECT RESOLUTION NO. 21-97Whereas, the City of Dubuque, Iowa has FINAL ESTIMATEreceived federal Intermodal Surface Whereas, the contract for the OperationsTransportation Efficiency Act (ISTEA) funding and Maintenance Department Maus Lakefrom the Iowa Department of Transportation Pumphouse Project has been completed andunder the Statewide Enhancement Funding the Operations and Maintenance DepartmentProgram for the Old Main Freeway Frontage Manager has submitted his final estimateImprovement Project; and showing the cost thereof including the cost ofWhereas, the Old Main Freeway Frontage estimates, notices and inspections and allImprovement Project will consists of miscellaneous costs.undergrounding overhead wires in a four block NOW THEREFORE, BE IT RESOLVEDarea of downtown Dubuque adjoining U.S. BY THE CITY COUNCIL OF THE CITY OFHighway 61 and affects 39 property owners; DUBUQUE, IOWA:and Section 1. That the cost of saidWhereas, said project furthers the goals improvement is hereby determined to beand objectives of the Downtown Urban $18,989.00 and the said amount shall be paidRenewal Plan; and from the General Funds of the City ofWhereas, a request for proposal has been Dubuque, Iowa.sent and bids received for project Passed, approved and adopted this 20thmanagement for the Old Main Freeway day of January, 1997.Frontage Improvement Project in accordance Terrance M. Duggan, Mayorwith City of Dubuque Administrative Policy, Attest: Mary A. Davis, City Clerkand the selection committee established Council Member Voetberg moved adoptionpursuant thereto has recommended Steve of the Resolution. Seconded by CouncilUlstad Architects be retained for project Member Buol. Motion carried 7-0. management. NOW, THEREFORE, BE IT RESOLVED City Manager recommending approval of aBY THE CITY COUNCIL OF THE CITY OF management contract for Miller-RiverviewDUBUQUE, IOWA: Park with Pat Felderman, presented and read.Section 1.That the selection of Steve Council Member Voetberg moved that theUlstad Architects for project management of communication be received and filed andthe Old Main Freeway Frontage Improvement recommendation approved. Seconded byProject is hereby approved. Council Member Buol. Motion carried 7-0. Section 2.That the City Manager is hereby authorized and directed to negotiate City Manager recommending termination ofand to execute , on behalf of the City Council Regular Session, January 20, 1997 of the City of Dubuque, Iowa, a contract withthe expansion of the above-described facility Steve Ulstad Architects for projectare set forth in the Agreement, a copy of which management services not to exceed $$42,863is hereto attached and by this reference made plus normal reimbursements.a part hereof; and Passed, approved and adopted this 20thWhereas, the activities as delineated in the day of January, 1997.Agreement comply with the primary objectives Terrance M. Duggan, Mayorof the Housing and Community Development Attest: Mary A. Davis, City ClerkAct of 1974, as amended, and comply with Council Member Voetberg moved adoptionone or more of the "National Objectives." of the Resolution. Seconded by CouncilNOW, THEREFORE, BE IT RESOLVED Member Buol. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: City Manager submitting the Fiscal YearSection 1. That the attached Agreement by 1996 Comprehensive Annual Financial Reportand between the City of Dubuque, Iowa and and Audit Reports as prepared by Charlesthe Modesta Elderness Center, dba Dubuque Bailly and Company, presented and read.Area LifeTime Center, be and the same is Council Member Voetberg moved that thehereby approved. communication and reports be received andSection 2. That the City Manager be and filed. Seconded by Council Member Buol.he is hereby authorized and directed to Motion carried 7-0. execute said Agreement for and on behalf of the City of Dubuque, Iowa. City Manager requesting approval of 1997Passed, approved and adopted this 20th CIP Schedule for DRA with expenditures forday of January, 1997. Operating Funds in amount of $455,497.00Terrance M. Duggan, Mayor and Depreciation & Improvement Fund inAttest: Mary A. Davis, City Clerk amount of $626,917.00, presented and read.Council Member Voetberg moved adoption Council Member Voetberg moved that theof the Resolution. Seconded by Council communication be received and filed andMember Buol. Motion carried 7-0. approved request. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 24-97 RESOLUTION ACCEPTING THE DEED TO City Manager recommending approval forCERTAIN REAL ESTATE LOCATED IN DRA to prepay $318,249.79 in debt from theDUBUQUE COUNTY, IOWA, FROM ELDON Reserve Fund, presented and read. CouncilB. DIGMAN, ET AL Member Voetberg moved that theWhereas, the City has entered into an communication be received and filed andagreement for the purchase of the following- recommendation approved. Seconded bydescribed property located in Dubuque Council Member Buol. Motion carried 7-0. County, Iowa. Lot 2, and Lot 2 of Lot 1 of Lot 1, both of John & Doris Kivlahan submitting drawingthe Subdivision of the NE 1/4 of the SW 1/4 of and requesting Commercial Access to HwySection 12, Township 88 North, Range 2 East 32, presented and read. Council Memberof the 5th P.M., according to the United States Voetberg moved that the communication andGovernment Survey and the recorded plats request be referred to the City Manager.thereof, subject to highway and easements of Seconded by Council Member Buol. Motionrecord. carried 7-0. and SE 1/4 of the SW 1/4, Lot 1 of Lot 1 of Lot City Manager recommending approval of a1 of the NE 1/4 of the SW 1/4, and Lot 1 of contract with the Dubuque Area Life TimeLot 1 of Lot 8 of the SE 1/4, all in Section 12, Center to provide an expansion at the SeniorTownship 88 North, Range 2 East of the 5th Center in the amount of $235,000, presentedP.M., according to the United States and read. Council Member Voetberg movedGovernment Survey and the recorded plats that the communication be received and filed.thereof, subject to Highway and Easements of Seconded by Council Member Buol. Motionrecord. carried 7-0. from Eldon B. Digman and Wilma Digman, William J. Klauer and Carol R. Klauer, and RESOLUTION NO. 23-97Eugene F. Droessler a/k/a Gene F. Droessler, RESOLUTION APPROVING ANSr. and Rita K. Droessler, Trustees; and AGREEMENT BETWEEN THE CITY OFWhereas, all of the conditions of the DUBUQUE AND MODESTA ELDERNESSPurchase Agreement have been met and CENTER DBA DUBUQUE AREA LIFETIMEEldon B. Digman, et al. have delivered a CENTER AND AUTHORIZING ANDWarranty Deed, a copy of which is attached DIRECTING THE CITY MANAGER TOhereto, to the City of Dubuque; EXECUTE SAID AGREEMENT ON BEHALFNOW, THEREFORE, BE IT RESOLVED OF THE CITY OF DUBUQUE, IOWABY THE CITY COUNCIL OF THE CITY OF Whereas, the City of Dubuque hasDUBUQUE, IOWA: negotiated with Modesta Elderness CenterSection 1. The City of Dubuque hereby dba Dubuque Area LifeTime Center for theaccepts the Warranty Deed from Eldon B. expansion of a senior citizen center; andDigman, et al., a copy of which is attached Whereas, the terms and conditions underhereto. which Modesta Elderness Center will provideSection 2. The City Manager is hereby Regular Session, January 20, 1997 authorized and directed to execute allLANE TO THE CITY OF DUBUQUE documents in connection with the acceptanceWhereas, the City of Dubuque entered into of such real estate, and the City Clerk isan Acquisition Agreement with Parvis & Ruth hereby authorized and directed to provide aF. Mahmoud, dated December 7, 1995, copy of this Resolution to the Dubuque Countypursuant to which Parvis & Ruth F. Mahmoud Auditor, as required by Iowa Code agreed to convey a parts of Lot 3 of 1 and 4 of ss 569.7.1 of Mark Heights in the City of Dubuque, Passed, approved and adopted this 20thIowa, as shown on the Acquisition Plat day of January, 1997.thereof; and Terrance M. Duggan, MayorWhereas, Parvis & Ruth F. Mahmoud have Attest: Mary A. Davis, City Clerkexecuted a conveyance of said property. Council Member Nicholson moved adoptionNOW, THEREFORE, BE IT RESOLVED of the Resolution. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF Member Voetberg. Motion carried 7-0. DUBUQUE, IOWA: Section 1.The City Council of the City of City Manager responding to HUD regardingDubuque, Iowa, hereby approves of, accepts expenditure of Community Development Blockand consents to the Warranty Deed from Grant funds, presented and read. CouncilParvis & Ruth F. Mahmoud, copies of which Member Michalski moved that theare attached hereto, as required by Iowa Code communication be received and filed.Section 569.7. Seconded by Council Member Voetberg.Section 2.The Mayor is hereby Motion carried 7-0. authorized and directed to execute and acknowledge on behalf of the City of Dubuque City Manager recommending acceptance ofany instruments in connection herewith. warranty deeds for twelve of the parcelsPassed, approved and adopted this 20th needed for the Kelly Lane paving project,day of January, 1997. presented and read. Council MemberTerrance M. Duggan, Mayor Voetberg moved that the communication beAttest: Mary A. Davis, City Clerk received and filed. Seconded by CouncilCouncil Member Voetberg moved adoption Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 25-97 A RESOLUTION ACCEPTING ARESOLUTION NO. 27- 97 CONVEYANCE OF PROPERTY ON KELLYA RESOLUTION ACCEPTING A LANE TO THE CITY OF DUBUQUECONVEYANCE OF PROPERTY ON KELLY Whereas, the City of Dubuque entered intoLANE TO THE CITY OF DUBUQUE an Acquisition Agreement with GailWhereas, the City of Dubuque entered into Chavenelle & William A. Dicken, dated Julyan Acquisition Agreement with David B. & 23, 1996, pursuant to which Gail ChavenellePhyllis A. Czarnecki, dated June 4, 1996, & William A. Dicken agreed to convey a part ofpursuant to which David B. & Phyllis A. Lot 1 of 10 and Lot 2 of 10 of Block 1 ofCzarnecki agreed to convey a part of Lot 1 of Henschel’s Highlands Subdivision in the City1 of Mark Heights in the City of Dubuque, of Dubuque, Iowa, as shown on theIowa, as shown on the Acquisition Plat Acquisition Plat thereof; andthereof; and Whereas, Gail Chavenelle & William A.Whereas, David B. & Phyllis A. Czarnecki Dicken have executed a conveyance of saidhave executed a conveyance of said property. property.NOW, THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA: DUBUQUE, IOWA:Section 1.The City Council of the City of Section 1.The City Council of the City ofDubuque, Iowa, hereby approves of, accepts Dubuque, Iowa, hereby approves of, acceptsand consents to the Warranty Deed from and consents to the Warranty Deed from GailDavid B. & Phyllis A. Czarnecki, copies of Chavenelle & William A. Dicken, copies ofwhich are attached hereto, as required by Iowa which are attached hereto, as required by IowaCode Section 569.7. Code Section 569.7.Section 2.The Mayor is hereby Section 2.The Mayor is herebyauthorized and directed to execute and authorized and directed to execute andacknowledge on behalf of the City of Dubuque acknowledge on behalf of the City of Dubuqueany instruments in connection herewith. any instruments in connection herewith.Passed, approved and adopted this 20th Passed, approved and adopted this 20thday of January, 1997. day of January, 1997.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved adoption Council Member Voetberg moved adoptionof the Resolution. Seconded by Council of the Resolution. Seconded by CouncilMember Buol. Motion carried 7-0. Member Buol. Motion carried 7-0. RESOLUTION NO. 28- 97 RESOLUTION NO. 26- 97A RESOLUTION ACCEPTING A A RESOLUTION ACCEPTING ACONVEYANCE OF PROPERTY ON KELLY CONVEYANCE OF PROPERTY ON KELLYLANE TO THE CITY OF DUBUQUE Regular Session, January 20, 1997 Whereas, the City of Dubuque entered intoWhereas, the City of Dubuque entered into an Acquisition Agreement with Clement J., Sr.an Acquisition Agreement with Thomas C. & & Linda K. Davis, dated April 4, 1996,M. Imelda Hoffman, dated May 29, 1996, pursuant to which Clement J., Sr. & Linda K.pursuant to which Thomas C. & M. Imelda Davis agreed to convey a part of Lot 2 ofHoffman agreed to convey a Lot 2-2-1-1-1-1 of Smother’s Place in the City of Dubuque, Iowa,Mineral Lot 511 and part of Lot 1-2-1-1-1-1 of as shown on the Acquisition Plat thereof; andMineral Lot 511 in the City of Dubuque, Iowa, Whereas, Clement J., Sr. & Linda K. Davisas shown on the Acquisition Plat thereof; and have executed a conveyance of said property.Whereas, Thomas C. & M. Imelda Hoffman NOW, THEREFORE, BE IT RESOLVEDhave executed a conveyance of said property. BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF Section 1.The City Council of the City ofDUBUQUE, IOWA: Dubuque, Iowa, hereby approves of, acceptsSection 1.The City Council of the City of and consents to the Warranty Deed fromDubuque, Iowa, hereby approves of, accepts Clement J., Sr. & Linda K. Davis, copies ofand consents to the Warranty Deed and Quit which are attached hereto, as required by IowaClaim Deed from Thomas C. & M. Imelda Code Section 569.7.Hoffman, copies of which are attached hereto, Section 2.The Mayor is herebyas required by Iowa Code Section 569.7. authorized and directed to execute andSection 2.The Mayor is hereby acknowledge on behalf of the City of Dubuqueauthorized and directed to execute and any instruments in connection herewith.acknowledge on behalf of the City of Dubuque Passed, approved and adopted this 20thany instruments in connection herewith. day of January, 1997.Passed, approved and adopted this 20th Terrance M. Duggan, Mayorday of January, 1997. Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Voetberg moved adoptionAttest: Mary A. Davis, City Clerk of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 29-97 A RESOLUTION ACCEPTING ARESOLUTION NO. 31-97 CONVEYANCE OF PROPERTY ON KELLYA RESOLUTION ACCEPTING A LANE TO THE CITY OF DUBUQUECONVEYANCE OF PROPERTY ON KELLY Whereas, the City of Dubuque entered intoLANE TO THE CITY OF DUBUQUE an Acquisition Agreement with Jeffrey A.Whereas, the City of Dubuque entered into Walker & Jane C. Hohnecker-Walker, datedan Acquisition Agreement with Michael A. & July 16, 1996, pursuant to which Jeffrey A.Phyllis M. Kelley, dated May 7, 1996, pursuant Walker & Jane C. Hohnecker-Walker agreedto which Michael A. & Phyllis M. Kelley agreed to convey a Lot 1-2-2-1-1-1 of Mineral Lot 511to convey a part of Lot 1-1-1-1-1 of Mineral Lot and part of Lot 1-2-1-1 of Mineral Lot 511 in511 in the City of Dubuque, Iowa, as shown the City of Dubuque, Iowa, as shown on theon the Acquisition Plat thereof; and Acquisition Plat thereof; andWhereas, Michael A. & Phyllis M. Kelley Whereas, Jeffrey A. Walker & Jane C.have executed a conveyance of said property. Hohnecker-Walker have executed aNOW, THEREFORE, BE IT RESOLVED conveyance of said property.BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OFSection 1.The City Council of the City of DUBUQUE, IOWA:Dubuque, Iowa, hereby approves of, accepts Section 1.The City Council of the City ofand consents to the Warranty Deed from Dubuque, Iowa, hereby approves of, acceptsMichael A. & Phyllis M. Kelley, copies of which and consents to the Warranty Deed fromare attached hereto, as required by Iowa Code Jeffrey A. Walker & Jane C. Hohnecker-Section 569.7. Walker, copies of which are attached hereto,Section 2.The Mayor is hereby as required by Iowa Code Section 569.7.authorized and directed to execute and Section 2.The Mayor is herebyacknowledge on behalf of the City of Dubuque authorized and directed to execute andany instruments in connection herewith. acknowledge on behalf of the City of DubuquePassed, approved and adopted this 20th any instruments in connection herewith.day of January, 1997. Passed, approved and adopted this 20thTerrance M. Duggan, Mayor day of January, 1997.Attest: Mary A. Davis, City Clerk Terrance M. Duggan, MayorCouncil Member Voetberg moved adoption Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 32-97 A RESOLUTION ACCEPTING A RESOLUTION NO. 30-97CONVEYANCE OF PROPERTY ON KELLY A RESOLUTION ACCEPTING ALANE TO THE CITY OF DUBUQUE CONVEYANCE OF PROPERTY ON KELLYWhereas, the City of Dubuque entered into LANE TO THE CITY OF DUBUQUEan Acquisition Agreement with Homer S. Regular Session, January 20, 1997 Dahlman, Jr., dated February 20, 1996,Dubuque, Iowa, as shown on the Acquisition pursuant to which Homer S. Dahlman, Jr.Plat thereof; and agreed to convey a part of Lot 1-2-1 of MineralWhereas, Gary W. & Karen M. Newt have Lot 511 in the City of Dubuque, Iowa, asexecuted a conveyance of said property. shown on the Acquisition Plat thereof; andNOW, THEREFORE, BE IT RESOLVED Whereas, Homer S. Dahlman, Jr. haveBY THE CITY COUNCIL OF THE CITY OF executed a conveyance of said property.DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVEDSection 1.The City Council of the City of BY THE CITY COUNCIL OF THE CITY OFDubuque, Iowa, hereby approves of, accepts DUBUQUE, IOWA:and consents to the Warranty Deed from Gary Section 1.The City Council of the City ofW. & Karen M. Newt, copies of which are Dubuque, Iowa, hereby approves of, acceptsattached hereto, as required by Iowa Code and consents to the Warranty Deed fromSection 569.7. Homer S. Dahlman, Jr., copies of which areSection 2.The Mayor is hereby attached hereto, as required by Iowa Codeauthorized and directed to execute and Section 569.7.acknowledge on behalf of the City of Dubuque Section 2.The Mayor is herebyany instruments in connection herewith. authorized and directed to execute andPassed, approved and adopted this 20th acknowledge on behalf of the City of Dubuqueday of January, 1997. any instruments in connection herewith.Terrance M. Duggan, Mayor Passed, approved and adopted this 20thAttest: Mary A. Davis, City Clerk day of January, 1997.Council Member Voetberg moved adoption Terrance M. Duggan, Mayorof the Resolution. Seconded by Council Attest: Mary A. Davis, City ClerkMember Buol. Motion carried 7-0. Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 35-97 A RESOLUTION ACCEPTING A RESOLUTION NO. 33-97CONVEYANCE OF PROPERTY ON KELLY A RESOLUTION ACCEPTING ALANE TO THE CITY OF DUBUQUE CONVEYANCE OF PROPERTY ON KELLYWhereas, the City of Dubuque entered into LANE TO THE CITY OF DUBUQUEan Acquisition Agreement with Richard H. & Whereas, the City of Dubuque entered intoMary Lou Valentine, dated July 25, 1996, an Acquisition Agreement with Douglas M.pursuant to which Richard H. & Mary Lou Oberfoell, dated June 3, 1996, pursuant toValentine agreed to convey a part of Lot 8 of which Douglas M. Oberfoell agreed to conveyPeg-O Mesa in the City of Dubuque, Iowa, as a part of Lot 9 of Peg-O Mesa in the City ofshown on the Acquisition Plat thereof; and Dubuque, Iowa, as shown on the AcquisitionWhereas, Richard H. & Mary Lou Valentine Plat thereof; andhave executed a conveyance of said property. Whereas, Douglas M. Oberfoell haveNOW, THEREFORE, BE IT RESOLVED executed a conveyance of said property.BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OFSection 1.The City Council of the City of DUBUQUE, IOWA:Dubuque, Iowa, hereby approves of, accepts Section 1.The City Council of the City ofand consents to the Warranty Deed from Dubuque, Iowa, hereby approves of, acceptsRichard H. & Mary Lou Valentine, copies of and consents to the Warranty Deed fromwhich are attached hereto, as required by Iowa Douglas M. Oberfoell, copies of which areCode Section 569.7. attached hereto, as required by Iowa CodeSection 2.The Mayor is hereby Section 569.7.authorized and directed to execute and Section 2.The Mayor is herebyacknowledge on behalf of the City of Dubuque authorized and directed to execute andany instruments in connection herewith. acknowledge on behalf of the City of DubuquePassed, approved and adopted this 20th any instruments in connection herewith.day of January, 1997. Passed, approved and adopted this 20thTerrance M. Duggan, Mayor day of January, 1997.Attest: Mary A. Davis, City Clerk Terrance M. Duggan, MayorCouncil Member Voetberg moved adoption Attest: Mary A. Davis, City Clerkof the Resolution. Seconded by Council Council Member Voetberg moved adoptionMember Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 36-97 A RESOLUTION ACCEPTING A RESOLUTION NO. 34-97CONVEYANCE OF PROPERTY ON KELLY A RESOLUTION ACCEPTING ALANE TO THE CITY OF DUBUQUE CONVEYANCE OF PROPERTY ON KELLYWhereas, the City of Dubuque entered into LANE TO THE CITY OF DUBUQUEan Acquisition Agreement with James L. Whereas, the City of Dubuque entered intoBeining, dated June 17, 1996, pursuant to an Acquisition Agreement with Gary W. &which James L. Beining agreed to convey a Karen M. Newt, dated July 25, 1996, pursuantpart of Lot 1 of Papke Place in the City of to which Gary W. & Karen M. Newt agreed toDubuque, Iowa, as shown on the Acquisition convey a part of Mineral Lot 508 in the City ofPlat thereof; and Regular Session, January 20, 1997 Whereas, James L. Beining have executedMember Buol. Motion carried 7-0. a conveyance of said property. NOW, THEREFORE, BE IT RESOLVEDRESOLUTION NO. 39-97 BY THE CITY COUNCIL OF THE CITY OFWhereas, applications for Liquor Licenses DUBUQUE, IOWA:have been submitted to this Council for Section 1.The City Council of the City ofapproval and the same have been examined Dubuque, Iowa, hereby approves of, acceptsand approved; and and consents to the Warranty Deed from Whereas, the premises to be occupied by James L. Beining, copies of which aresuch applicants were inspected and found to attached hereto, as required by Iowa Codecomply with the State Laws and all City Section 569.7.Ordinances relevant thereto and they have Section 2.The Mayor is herebyfiled proper bonds. authorized and directed to execute andNOW, THEREFORE, BE IT RESOLVED acknowledge on behalf of the City of DubuqueBY THE CITY COUNCIL OF THE CITY OF any instruments in connection herewith.DUBUQUE, IOWA: Passed, approved and adopted this 20thThat the Manager be authorized to cause to day of January, 1997.be issued the following named applicants Terrance M. Duggan, Mayora Liquor License. Attest: Mary A. Davis, City ClerkCLASS "C" (COMMERCIAL) Council Member Voetberg moved adoptionBEER & LIQUOR LICENSE of the Resolution. Seconded by CouncilPusateri Enterp. Inc.Pusateri’s Member Buol. Motion carried 7-0. +(Sunday Sales)2400 Central Ave Dennis J. ZirkelbachZirk’s RESOLUTION NO. 37-971689 Elm St NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 20th BY THE CITY COUNCIL OF THE CITY OFday of January, 1997. DUBUQUE, IOWA:Terrance M. Duggan, Mayor That the following having complied with theAttest: Mary A. Davis, City Clerk provisions of law relating to the saleCouncil Member Voetberg moved adoption of Cigarettes within the City of Dubuque, Iowa,of the Resolution. Seconded by Council be granted a permit to sell Cigarettes andMember Buol. Motion carried 7-0. Cigarette Papers within said City. BOARDS AND COMMISSIONS: The following applicants were invited to Dennis ZirkelbachZirk’saddress the Council to state their desire to 1689 Elm Stserve on following Board/Commission. Bikers R UsJuanita Brown 1814 Central AveHUMAN RIGHTS COMMISSION: Passed, approved and adopted this 20thApplicants: Evelyn Jackson, Joseph day of January, 1997.Hopkins and Linda Smith. Evelyn Jackson, Terrance M. Duggan, MayorJoseph Hopkins and Linda Smith all spoke. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoptionHOUSING CODE APPEALS BOARD: of the Resolution. Seconded by CouncilAppointments - Applicants: David Althaus Member Buol. Motion carried 7-0. and Boniface Arthofer. Council Member Michalski moved that David Althaus be RESOLUTION NO. 38-97reappointed and Boniface Arthofer be Whereas, applications for Beer Permitsappointed to three year terms which will expire have been submitted and filed to this CouncilJanuary 11, 2000. Seconded by Council for approval and the same have beenMember Buol. Motion carried 7-0. examined and approved; and Whereas, the premises to be occupied byOPERATION: NEW VIEW : Two Council such applicants were inspected and found toMembers (Currently Joe Robbins and Dan comply with the Ordinances of this City andNicholson with David Harris as designee for have filed proper bonds.Mike Van Milligen). Council Member Krieg NOW, THEREFORE, BE IT RESOLVEDmoved that it be resolved that Council BY THE CITY COUNCIL OF THE CITY OFMembers Joe Robbins and Dan Nicholson be DUBUQUE, IOWA:reappointed with David Harris as the designee. That the Manager be authorized to cause toSeconded by Council Member Michalski. be issued the following named applicants aMotion carried 7-0. Beer Permit. CLASS “C” BEER PERMITBruce Wentworth and Ron Herrig of the George E. Waddell Jr.Dubuque Racing Assn. (DRA) presented a Iowa Potato & Produce+Sunday Sales)check to the City in the amount of $2,430,000, 2600 Dodge Strepresenting 50% of the profits from the first Passed, approved and adopted this 20thyear. day of January, 1997. Terrance M. Duggan, MayorCouncil Member Voetberg moved to Attest: Mary A Davis, City Clerksuspend the rules to allow anyone present to Council Member Voetberg moved adoptionaddress the Council. Seconded by Council of the Resolution. Seconded by CouncilMember Nicholson. Motion carried 7-0. Regular Session, January 20, 1997 KELLY LANE RECONSTRUCTIONBY THE CITY COUNCIL OF THE CITY OF PROJECT - Deferred from CouncilDUBUQUE, IOWA: Meeting held on November 18, 1996.That the proposed Resolution of Necessity Council Member Krieg moved to removedescribed above is hereby: this item from the table. Seconded by CouncilAdopted as amended by the Schedule of Member Buol. Motion carried 7-0. Assessments attached hereto as Exhibit A, Council Member Krieg moved to withdrawand made a part hereof by reference. All the motion presently on the floor. Secondedobjections filed or made having been duly by Council Member Buol. Motion carried 7-0.considered are overruled. Passed, adopted and approved this 20th Communication of Gerald Guy of 1540day of January, 1997 Pego Court submitting comments andTerrance M. Duggan, Mayor concerns regarding proposed improvementAttest: Mary A. Davis, City Clerk and response/alternatives to concernsCouncil Member Nicholson moved adoption expressed by citizens at the November 18thof the Resolution, as amended: to assess the meeting regarding Kelly Lane Reconstructionproject as an Arterial Street, construct Project, presented and read. Council Membersidewalks on both sides of the street, allow Nicholson moved that the communications beparking on one side, no passing for the entire received and filed. Seconded by Councillength of the street, and that traffic speeds not Member Voetberg. Motion carried 7-0. be increased.. Seconded by Council Member Voetberg. Motion carried 7-0. Gerald Guy, 1540 Pego Ct., Gerald Burger, Jeff VanZile, Ed Cosgrove, and Doug CheeverRESOLUTION NO. 42-97 all spoke to this matter, stressing promotion ofORDERING BIDS safety aspects of the proposed project andNOW THEREFORE, BE IT RESOLVED alternative methods of funding.BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 40-97That the Kelly Lane Reconstruction Project RESOLUTION ADOPTING PLANSis hereby ordered to be advertised for bids for AND SPECIFICATIONSconstruction. Whereas, on the 18th day of November,BE IT FURTHER RESOLVED, that the 1996, plans, specifications, form of contractamount of the security to accompany each bid and estimated cost were filed with the Cityshall be in an amount which shall conform to Clerk of Dubuque, Iowa for the Kelly Lanethe provisions of the notice to bidders hereby Reconstruction Project.approved as a part of the plans and Whereas, notice of hearing on plans,specifications heretofore adopted. specifications, form of contract, and estimatedThat the City Clerk is hereby directed to cost was published as required by law.advertise for bids for the construction of the NOW THEREFORE, BE IT RESOLVEDimprovements herein provided, to be published BY THE CITY COUNCIL OF THE CITY OFin a newspaper having general circulation in DUBUQUE, IOWA:the City of Dubuque, Iowa, which notice shall That the said plans, specifications, form ofnot be less than four days nor more than contract and estimated cost are herebytwenty days prior to the receipt of said bids at approved as the plans, specifications, form of2:00 p.m. on the 4th day of February, 1997. contract and estimated cost for saidBids shall be opened and read by the City improvements for said project.Clerk at said time and will be submitted to the Passed, adopted and approved this 20thCouncil for final action at 7:00 p.m. on the day of January, 1997.17th day of February, 1997. Terrance M. Duggan, MayorPassed, adopted and approved this 20th Attest: Mary A. Davis, City Clerkday of January, 1997. Council Member Nicholson moved adoptionTerrance M. Duggan, Mayor of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk Member Voetberg. Motion carried 7-0. Council Member Nicholson moved adoption of the Resolution. Seconded by Council RESOLUTION NO. 41-97Member Voetberg. Motion carried 7-0. RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OFProof of publication certified to by the NECESSITY PROPOSED FOR THE KELLYPublisher on Notice of Public Hearing to LANE RECONSTRUCTION PROJECTconsider annexing property located north of Whereas, the City Council has proposed aAsbury Road and west of the Northwest Resolution of Necessity for the Kelly LaneArterial as requested by Wendell Corey and Reconstruction Project, has given notice of theCity Manager recommending annexation public hearing thereon as required by law; andapproval, and a Resolution Approving certain Whereas, the public hearing has been held,property to the City of Dubuque which is all persons offering objections have beenlegally described as “Lot 2 of Lot 2 of Mineral heard and consideration given to all objectionsLot 459; the southeast quarter of the northeast and is pending before this Council; andquarter of Section 17, T89N, R2E; and the Whereas, this is the time and place set assouthwest quarter of the northeast quart of provided for the taking of action on theSection 17, T89N, R2E in Dubuque County, proposed Resolution of Necessity.Iowa”, presented and read. Council Member NOW THEREFORE, BE IT RESOLVEDVoetberg moved that this matter be tabled to Regular Session, January 20, 1997 the Council Meeting of 2-3-97. Seconded bymoved that the proof and communication be Council Member Nicholson. Motion carried 7-received and filed. Seconded by Council 0. Member Robbins. Motion carried 7-0. Proof of publication certified to by theGreg Cigrand of 1865 Admiral, and Chris Publisher on Notice of Public Hearing toWand and Ron Bahlmer of IIW spoke. consider annexing property located south of Nightengale Lane as requested by Patrick &RESOLUTION NO. 44-97 Patricia Kennedy and City ManagerRESOLUTION APPROVING LEASE OF A recommending annexation approval,SECTION OF VETERANS’ MEMORIAL presented and read. Council Member KriegPARK TO THE DUBUQUE YOUTH moved that the proof and communication beHOCKEY ASSOCIATION, INC. received and filed. Seconded by CouncilWhereas, published notice of date, time Member Nicholson. Motion carried 7-0. and place of a public hearing, published in the Telegraph Herald, a newspaper of general RESOLUTION NO. 43-97 circulation published in the City of Dubuque, RESOLUTION ANNEXING CERTAIN Iowa, on the 10th day of January, 1997, the PROPERTY TO THE CITY OF DUBUQUE, City Council of the City of Dubuque, Iowa, met IOWA on the 20th day of January, 1997, at 7:00 p.m. Whereas, Patrick A. and Patricia M.in the Public Library Auditorium, Eleventh and Kennedy, as owners of approximately 3.426Locust Streets, Dubuque, Iowa to consider the acres of property lying outside the corporatelease of certain real property as set forth in the limits of the city of Dubuque, Iowa, haveLease Agreement between the City of voluntarily petitioned for annexation of saidDubuque and the Dubuque Youth Hockey territory to the City of Dubuque, as shown inAssociation, Inc., a copy of which is attached Exhibit 1; andhereto and incorporated herein by reference; Whereas, Chapter 368 of the Code of Iowaand authorizes the extension of city limits inWhereas, the City Council of the City of situations of this character by the adoption ofDubuque, Iowa, overruled any and all a resolution after notification as required byobjections, oral or written, to the lease State regulations; andagreement; Whereas, the future growth and NOW THEREFORE, BE IT RESOLVED development of the city of Dubuque, Iowa BY THE CITY COUNCIL OF THE CITY OF make it desirable that said property be made a DUBUQUE, IOWA: part of the city of Dubuque, Iowa. Section 1. The Lease Agreement between NOW THEREFORE, BE IT RESOLVED the City of Dubuque and the Dubuque Youth BY THE CITY COUNCIL OF THE CITY OF Hockey Association, Inc., a copy of which is DUBUQUE, IOWA: attached hereto, is hereby approved. Section 1. That the territorial limits of the Section 2. The Mayor is authorized and city of Dubuque, Iowa be, and they are hereby directed to execute the Lease Agreement on extended, to include the property legally behalf of the City of Dubuque. described as Lot 1, Lot 2 and Lot A Cedar Passed, approved and adopted this 20th Ridge Acres No. 2, in the Northwest Quarter day of January, 1997. of Section 34, Township 89 North, Range 2 of Terrance M. Duggan, Mayor the Fifth Principal Meridian in Dubuque Attest: Mary A. Davis, City Clerk County, Iowa. Council Member Buol moved adoption of Section 2.That the territory hereby the Resolution. Seconded by Council Member annexed shall become a part of the First Robbins. Motion carried 7-0. Ward, Third Precinct of the city of Dubuque, Iowa. Proof of publication certified to by the Section 3.That the City Clerk shall file Publisher on Notice of Public Hearing to this resolution, all Exhibits and the petition for consider disposing of City’s Interest in Lots voluntary annexation with the Secretary of 227A and 231A of East Dubuque Addition in State and the Dubuque County Recorder.the City of Dubuque and City Manager Passed, approved and adopted this 20threcommending to vacate said property and sell day of January, 1997.to Robert Walser, presented and read. Terrance M. Duggan, MayorCouncil Member Voetberg moved that the Attest: Mary A. Davis, City Clerkproof and communication be received and Council Member Krieg moved that thefiled. Seconded by Council Member adoption of the Resolution. Seconded byMichalski. Motion carried 7-0. Council Member Nicholson. Motion carried 7- 0. An Ordinance Vacating Pine Street from 17th Street to 18th Street, presented and read. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider a Lease Agreement with the (OFFICIAL PUBLICATION) Dubuque Youth Hockey Association to lease ORDINANCE NO. 9-97 a portion of Veteran’s Memorial Park for ORDINANCE VACATING PINE STREET construction of an ice arena and City Manager FROM 17TH STREET TO 18TH STREET recommending approval of Lease Agreement, Whereas, Robert J. Walser has requested presented and read. Council Member Buol the vacating of Pine Street from 17th Street to Regular Session, January 20, 1997 18th Street; andof the City of Dubuque, Dubuque County, Whereas, Buesing and Associates ofIowa in real property described as Lots 227A Dubuque has prepared and submitted to theand 231A of East Dubuque Addition in the City Council a plat showing the vacatedCity of Dubuque, Iowa to Robert J. Walser be portion of Pine Street and assigned lotand the same is hereby approved for the sum numbers thereto, which hereinafter shall beof $11,700.00 plus cost of publication, platting known and described as Lots 227A and 231Aand filing fees; conveyance shall be by Quit of East Dubuque Addition in the City ofClaim Deed. Dubuque, Dubuque County, Iowa; andSection 2. That the Mayor be authorized Whereas, the City Council of the City ofand directed to execute a Quit Claim Deed, Dubuque, Iowa has determined that Pineand the City Clerk be and is hereby authorized Street from 17th Street to 18th Street is noand directed to deliver said deed of longer required for public use, except for utilityconveyance to the above named grantees easements as noted, and vacating of saidupon receipt of the purchase price in full. portions of Pine Street known as Lots 227ASection 3. That the City Clerk be and is and 231A of East Dubuque Addition in thehereby authorized and directed to record a City of Dubuque, Dubuque County, Iowacertified copy of this resolution in the office of should be approved.the City Assessor, Dubuque County Recorder NOW, THEREFORE, BE IT ORDAINEDand the Dubuque County Auditor. BY THE CITY COUNCIL OF THE CITY OFPassed, approved and adopted this 20th DUBUQUE, IOWA:day of January, 1997. That the real estate described as Lots 227ATerrance M. Duggan, Mayor and 231A of East Dubuque Addition in theAttest; Mary A. Davis, City Clerk City of Dubuque, Iowa, be and the same is Council Member Voetberg moved hereby vacated.adoption, as amended. Seconded by Council Passed, approved and adopted this 20thMember Michalski. Motion carried 7-0. day of January, 1997. Terrance M. Duggan, MayorCity Manager advising of DRA’s 1996 Attest: Mary A. Davis, City ClerkDistribution of Funds, presented and read. Published officially in the Telegraph HeraldCouncil Member Nicholson moved that the newspaper this 14th day of January, 1997.communication be received and filed and accepted the check in the amount of 1t 1/14Mary A. Davis CMC, City Clerk $2,430,000.00. Seconded by Council Council Member Voetberg moved that the Member Robbins. Motion carried 7-0. requirement that a proposed Ordinance be considered and voted on for passage at two Council Member Krieg left the Chambers at Council Meetings prior to the meeting at which 9:19 p.m. it is to be finally passed be suspended. Seconded by Council Member Michalski. City Manager requesting Council direction Motion carried 7-0. Council Member Voetberg regarding bidding for the 1999 Iowa League of moved final consideration and passage of the Cities Conference, presented and read. Ordinance, as amended to remove Section 2. Council Member Nicholson moved that they be Seconded by Council Member Michalski. resolved to proceed and approve the Motion carried 7-0. application. Seconded by Council Member Voetberg. Motion carried 6-0. RESOLUTION NO. 45-97 Whereas, pursuant to resolution and City Manager recommending approval of published notice of time and place of hearing, the Child Care Task Force to grant award of published in the Telegraph Herald, a $100,000 of Community Development Block newspaper of general circulation published in Grant funds for the establishment of a child the City of Dubuque, Iowa on the 10th day of care facility in the downtown area, presented January, 1997, the City Council of the City of and read. Council Member Voetberg moved Dubuque, Iowa met on the 20th day of that the communication be received and filed January, 1997 at 7:00 p.m. in the Public Library Auditorium, 11th and Locust,and recommendation approved. Seconded by Dubuque, Dubuque County, Iowa to considerCouncil Member Nicholson. Motion carried 6- the proposal for the sale of real estate0. described as: Lots 227A and 231A of East DubuqueCouncil Member Nicholson left the Addition in the City of Dubuque, DubuqueChambers. County, Iowa Whereas, the City Council of the City ofCity Manager recommending submittal of Dubuque, Iowa overruled any and allan application to the State of Iowa to be objections, oral or written, to the proposal todesignated an “Innovation Zone,” presented dispose of interest of the City of Dubuque,and read. Council Member Voetberg moved that the communication be received and filed Iowa, except for easements as noted, in the and adopted recommendation to submit hereinabove described real estate to the application to the State of Iowa. Seconded by Dubuque Bank and Trust Company. Council Member Buol. Motion carried 5-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Council Member Nicholson returned to the DUBUQUE, IOWA: Chambers. Section 1. That the disposal of the interest Regular Session, January 20, 1997 City Manager requesting direction oncarried 6-0. “Meeting and Training Budget”, presented and read. Council Member Voetberg moved thatAn Ordinance Amending Zoning they approve the funding to attendOrdinance by adopting a new Section 4-4.8 in “Professional Conference” and traininglieu thereof pertaining to Required Procedures sessions. Seconded by Council Memberfor Site Plan Review, presented and read. Buol. Carried by the following vote:Council Member Voetberg moved that the Yeas—Council Members Buol, Michalski,requirement that a proposed Ordinance be Nicholson, Voetberg. Nays—Mayor Duggan,considered and voted on for passage at two Council Member Robbins. Absent—CouncilCouncil Meetings prior to the meeting at which Member Krieg.it is to be finally passed be suspended. Seconded by Council Member Buol. Motion City Manager presented the FY’98 Budget.carried 6-0. Council Member Voetberg moved that a Public Hearing be held on the proposed City Manager submitting the NorthwestOrdinance on the 3rd day of February, 1997 at Arterial Land Use and Access Study and7:00 p.m. in the Public Library Auditorium and recommending a public hearing be set forthat the City Clerk publish notice in the February 3, 1997, presented and read.manner prescribed by law. Seconded by Council Member Voetberg moved that theCouncil Member Buol. Motion carried 6-0. communication be received and filed and set Hearing for 2-3-97 at 7:00 p.m. in the PublicZoning Advisory Commission advising of Library Auditorium and that the City Clerktheir approval to amend Windsor Park ID publish notice in the manner prescribed byDistrict to add sale of alcoholic beverages as law. Seconded by Council Memberrequested by Helen and Craig Spielman, Nicholson. Motion carried 6-0. presented and read. Council Member Voetberg moved that the communication be John & Doris Kivlahan submitting theirreceived and filed. Seconded by Council concerns and comments regarding need forMember Robbins. Motion carried 6-0. access to Northwest Arterial to and from their property, presented and read. CouncilAn Ordinance Providing for the amendment Member Voetberg moved that theof Ordinance No. 70-91, which adopted communication be received and filed.regulations for the Windsor Park Institutional Seconded by Council Member Nicholson.District, presented and read. Council Member Motion carried 6-0. Voetberg moved that the requirement that a proposed Ordinance be considered and voted Zoning Advisory Commission advising ofon for passage at two Council Meetings prior their approval to rezone property at 120 Bryantto the meeting at which it is to be finally Street from R-2 to OR as requested by Jerrypassed be suspended. Seconded by Council Holt, presented and read. Council MemberMember Robbins. Motion carried 6-0. Voetberg moved that the communication beCouncil Member Voetberg moved that a Public received and filed. Seconded by CouncilHearing be held on the proposed Ordinance Member Nicholson. Motion carried 6-0. on the 17th day of February, 1997 at 7:00 p.m. in the Public Library Auditorium and that the An Ordinance Amending Zoning Map byCity Clerk publish notice in the manner reclassifying property at 120 Bryant Streetprescribed by law. Seconded by Council from R-2 Two-Family Residential District andMember Robbins. Motion carried 6-0. C-3 General Commercial District to OR Office Residential zoning district to construct anCity Manager recommending a public office/storage building at the rear portion of thehearing be scheduled for February 3, 1997 to lot, presented and read. Council Memberconsider voluntary annexation for 121.9 acres Voetberg moved that the requirement that aof property at Lake Eleanor Road and Highway proposed Ordinance be considered and voted61/151, presented and read. Council Member on for passage at two Council Meetings priorMichalski moved that the communication be to the meeting at which it is to be finallyreceived and filed and approved setting the passed be suspended. Seconded by CouncilPublic Hearing for 2-3-97 at 7:00 p.m. in the Member Nicholson. Motion carried 6-0.Public Library Auditorium and that the City Council Member Voetberg moved that a PublicClerk publish notice in the manner prescribed Hearing be held on the proposed Ordinanceby law. Seconded by Council Member Buol. on the 3rd day of February, 1997 at 7:00 p.m.Motion carried 6-0. in the Public Library Auditorium and that theCity Manager submitting resolution City Clerk publish notice in the mannerproviding that “Site ’F’” be designated as an prescribed by law. Seconded by CouncilUrban Renewal/ Economic Development Area, Member Nicholson. Motion carried 6-0. presented and read. Council Member Voetberg moved that the communication be Zoning Advisory Commission advising ofreceived and filed. Seconded by Council their approval to amend Section 4-4.8 of theMember Michalski. Motion carried 6-0. Zoning Ordinance to establish a time limit for site plan approval, presented and read.RESOLUTION NO. 46-97 Council Member Voetberg moved that theA RESOLUTION OF NECESSITY FINDING communication be received and filed.THAT AN AREA LOCATED AT THE Seconded by Council Member Buol. MotionSOUTHEAST CORNER OF LAKE Regular Session, January 20, 1997 ELEANOR ROAD AND U. S. HIGHWAYDevelopment District, to forward said Plan to 61/151, KNOWN AS "SITE F", IS ANthe City's Long Range Planning Commission ECONOMIC DEVELOPMENT AREA ANDfor review and comment and to begin the THAT DEVELOPMENT OF SAID AREA ISconsultation process required by law with NECESSARY IN THE INTEREST OF THEaffected taxing entities. RESIDENTS OF THE CITY OF DUBUQUE,Section 5. That the City Clerk is directed to IOWA.publish notice of a public hearing on the Whereas, the City Council of the City ofadoption of an Urban Renewal Plan for the Dubuque has determined that the area,Site F Economic Development District to be described in section 1 hereof, known as Siteheld on April 7, 1997 at 7:00 p.m. in the F, will provide additional industrialCarnegie-Stout Public Library Auditorium, development sites necessary for new and11th and Bluff Streets, Dubuque, Iowa 52001 expanding businesses; andand that said notice shall generally identify the Whereas, the City Council has foundarea covered by the Plan and the general through recent studies and general plans forscope of the Plan and the activities planned the City that a severe deficit of industrialfor such area. development land exists in the communitySection 6. That the City Clerk is further which prevents the growth and expansion ofdirected to send by ordinary mail a copy of job-creating development activities; andsaid notice of public hearing to the Dubuque Whereas, the City Council has determinedCommunity School District, the County Board that the development of Site F will enhance theof Supervisors and the Northeast Iowa City's ongoing economic development efforts;Community College, as the affected taxing andentities. Whereas, the City Council has found thatPASSED, APPROVED and ADOPTED Site F meets the definition of an economicthis 20th day of January, 1997. development area as found in Chapter 403Terrance M. Duggan, Mayor "Urban Renewal" of the Iowa Code ; andAttest: Mary A. Davis, City Clerk Whereas, Chapter 403 of the Iowa CodeCouncil Member Voetberg moved adoption requires that before urban renewal authorityof the Resolution and set the matter for Public may be exercised, a City Council must adoptHearing on 4-7-97 at 7:00 p.m. in the Public a resolution of necessity finding that the areaLibrary Auditorium and that the City Clerk in question is a slum, blighted or economicpublish notice in the manner prescribed by development area, and that so designatinglaw. Seconded by Council Member Michalski. such area is necessary in the interest of theMotion carried 6-0. public health, safety or welfare of the residents of the municipality.City Manager submitting an “Offer to Buy NOW, THEREFORE, BE IT RESOLVEDReal Estate and Acceptance between City and BY THE CITY COUNCIL OF THE CITY OFWilliam & Janet Siegert”, presented and read. DUBUQUE, IOWA:Council Member Buol moved that the Section 1. That the following describedcommunication be received and filed and area is an economic development area asapproved. Seconded by Council Member defined by Chapter 403 of the Iowa Code andVoetberg. Motion carried 6-0. is appropriate for an urban renewal project, to wit:RESOLUTION NO. 47-97 Lot 2, and Lot 2 of Lot 1 of Lot 1, both ofRESOLUTION FIXING DATE FOR A the Subdivision of the NE 1/4 of the SWMEETING ON THE AUTHORIZATION OF 1/4 of Section 12, Township 88 North,AN OFFER TO BUY REAL ESTATE AND Range 2 East of the 5th P.M., DubuqueACCEPTANCE, INCLUDING PROVISIONS County, Iowa and any adjoining publicPROVIDING A LOAN TO THE CITY IN THE right-of-way; and the SE 1/4 of the SW 1/4,PRINCIPAL AMOUNT OF $700,000 AND Lot 1 of Lot 1 of Lot 1 of the NE 1/4 of theAPPROVING THE FORM OF FARM LEASE SW 1/4 and Lot 1 of Lot 1 of Lot 8 of theATTACHED THERETO, AND PROVIDING SE 1/4, all in Section 12, Township 88FOR PUBLICATION OF NOTICE THEREOF North, Range 2 East of the 5th P.M.,Whereas, it is deemed necessary and Dubuque County, Iowa and any adjoiningadvisable that the City of Dubuque, Iowa (the public right-of-way."City"), should provide for the authorization of (hereinafter, the "Site F Economican Offer to Buy Real Estate and Acceptance, Development District")including provisions providing a loan to the Section 2. That the development of theCity in the principal amount of $700,000 and Site F Economic Development District for newapproving the form of Farm Lease attached industrial uses is necessary and appropriate tothereto (together the "Agreement"), between facilitate the proper growth and developmentthe City, as Buyer, and William Siegert and of the community in accordance with soundJanet Siegert, husband and wife, as Sellers, planning and local community objectives.as authorized by Sections 384.24A and Section 3. That the development of this384.25, Code of Iowa, as amended, a copy of area will provide new development sites forwhich is now before this Council and industrial expansion and job creation in theincorporated herein by this reference, for the community.purpose of acquiring the real property Section 4. That the City Manager isdescribed therein from the Sellers; and authorized and directed to prepare an UrbanWhereas, the Agreement and the loan Renewal Plan for the Site F Economicdescribed therein shall be payable from the Regular Session, January 20, 1997 General Fund of the City; andforce on the date of authorization will not Whereas, before a loan agreement may beexceed ten percent (10%) of the last certified authorized, it is necessary to comply with thegeneral fund budget amount. provisions of the City Code of Iowa, asA copy of the Agreement has been placed amended, and to publish a notice of theon file in the office of the City Clerk and may proposal and of the time and place of thebe inspected during regular office hours. meeting at which the Council proposes to takeAt the above meeting the Council shall action for the authorization of the loanreceive oral or written objections from any agreement and to receive oral and/or writtenresident or property owner of the City, to the objections from any resident or property ownerabove action. After all objections have been of the City to such action;received and considered, the Council will at NOW, THEREFORE, BE IT RESOLVEDthis meeting or at any adjournment thereof, BY THE CITY COUNCIL OF THE CITY OFtake additional action for the authorization of DUBUQUE, IOWA:the Agreement or will abandon the proposal. Section 1. That this City Council meet inThis Notice is given by order of the City the Carnegie-Stout Public Library Auditorium,Council of Dubuque, Iowa, as provided by 11th and Bluff Streets, Dubuque, Iowa at 7:00Section 384.24A and 384.25 of the City Code o'clock P.M., on the 3rd day of February,of Iowa, as amended. 1997, for the purpose of taking action on theDated this 20th day of January, 1997. matter of the authorization of the AgreementMary A. Davis and the approval of the provisions thereof,City Clerk of Dubuque, Iowa including those provisions providing a loan to(End of Notice) the City in the principal amount of $700,0001t 1/24 and approving the form of Farm LeasePASSED AND APPROVED this 20th day attached thereto, for the purpose of acquiringof January, 1997. the real property described therein.Terrance M. Duggan, Mayor Section 2. That the City Clerk is herebyAttest: Mary A. Davis, City Clerk directed to cause at least one publication to beCouncil Member Buol moved adoption of made of a notice of said meeting, in a legalthe Resolution. Seconded by Council Member newspaper, printed wholly in the EnglishVoetberg. Motion carried 6-0. language, published at least once weekly and having general circulation in said City, saidCity Manager recommending a public publication to be not less than four clear dayshearing be scheduled for February 3, 1997 to nor more than twenty days before the date ofconsider voluntary annexation request from said public meeting on the authorization ofWm. & Janet Siegert for 158 acres of said Agreement.property, Dubuque County for 220 acres of Section 3. The notice of the proposedproperty and a section of Chicago Central action shall be in substantially the followingPacific Railroad’s right-of-way, presented and form:read. Council Member Michalski moved that NOTICE OF MEETING OF THE CITYthe communication be received and filed and COUNCIL OF THE CITY OF DUBUQUE,approved the recommendation and set matter IOWA, ON THE MATTER OF THEfor Public Hearing on 2-3-97 at 7:00 p.m. in PROPOSED AUTHORIZATION OF ANthe Public Library Auditorium and that the City OFFER TO BUY REAL ESTATE ANDClerk publish notice in the manner prescribed ACCEPTANCE, INCLUDINGby law. Seconded by Council Member Buol. PROVISIONS PROVIDING A LOAN TOMotion carried 6-0. THE CITY IN THE PRINCIPAL AMOUNT OF $700,000 AND APPROVING THECity Manager submitting a Resolution FORM OF FARM LEASE ATTACHEDproviding for expansion of Dubuque Industrial THERETO, AND PROVIDING FORCenter Economic Development District, Urban PUBLICATION OF NOTICE THEREOFRenewal Area, presented and read. Council PUBLIC NOTICE is hereby given that theMember Voetberg moved that the City Council of the City of Dubuque, Iowa (thecommunication be received and filed. "City") will hold a public hearing on the 3rd daySeconded by Council Member Robbins. of February, 1997, at 7:00 o'clock P.M. in theMotion carried 6-0. Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, atRESOLUTION NO. 48-97 which meeting the Council proposes to takeA RESOLUTION OF NECESSITY FINDING additional action for the authorization of anTHAT THE PROPOSED EXPANSION OF Offer to Buy Real Estate and Acceptance,THE DUBUQUE INDUSTRIAL CENTER including provisions providing a loan to theECONOMIC DEVELOPMENT DISTRICT IS City in the principal amount of $700,000 andAN ECONOMIC DEVELOPMENT AREA approving the form of Farm Lease attachedAND THAT DEVELOPMENT OF SAID thereto (together, the "Agreement"), betweenAREA IS NECESSARY IN THE INTEREST the City, as Buyer, and William Siegert andOF THE RESIDENTS OF THE CITY OF Janet Siegert, husband and wife, as Sellers,DUBUQUE, IOWA. for the purpose of acquiring the real propertyWhereas, the City Council of the City of described therein. Principal and interest dueDubuque has determined that the expansion from the general fund of the City with respectof the Dubuque Industrial Center Economic to the loan provisions of the proposedDevelopment District will provide additional Agreement and all other loan agreements inindustrial development sites necessary for Regular Session, January 20, 1997 new and expanding businesses; andLot 2 of Lot 1 of Lot 1 of the SE 1/4, thence Whereas, the City Council has foundwesterly 762.93 feet to the point of through recent studies and general plan forintersection with the northwest corner of the City that a severe deficit of industrialLot 2 of Lot 1 of Lot 1 of the SE 1/4 of the development land exists in the communitySE 1/4, thence westerly approximately 570 which prevents the growth and expansion offeet to the point of intersection with the job creating development activities; andwestern boundary of Lot 1 of Lot 1 of Lot 1 Whereas, the City Council has determinedof the SE 1/4 of the SE 1/4, thence that the expansion of the Dubuque Industrialnortherly along the western boundary of Lot Center Economic Development District will1 of Lot 1 of Lot 1 of the SE 1/4 of the SE enhance the City's ongoing economic1/4 to the point of intersection with the SW development efforts; andcorner of Lot 1 of the NE 1/4 of the SE 1/4, Whereas, the City Council has found thatthence easterly along the southern the proposed expansion area meets theboundary of Lot 1 of the NE 1/4 of the SE definition of an economic development area as1/4 to the point of beginning, all in Section found in Chapter 403 "Urban Renewal" of the25, Township 89 North, Range 1 East, 5th Iowa Code ; andP.M., Dubuque County, Iowa and any Whereas, Chapter 403 of the Iowa Codeadjoining public right-of-way. requires that before urban renewal authority(hereinafter, the "Expansion Area") may be exercised, a City Council must adoptSection 2. That the development of the a resolution of necessity finding that the areaExpansion Area for new industrial uses is in question is a slum, blighted or economicnecessary and appropriate to facilitate the development area, and that so designatingproper growth and development of the such area is necessary in the interest of thecommunity in accordance with sound planning public health, safety or welfare of the residentsand local community objectives. of the municipality.Section 3. That the expansion of the NOW, THEREFORE, BE IT RESOLVEDDubuque Industrial Center Economic BY THE CITY COUNCIL OF THE CITY OFDevelopment District to include the Expansion DUBUQUE, IOWA:Area will provide new development sites for Section 1. That the following describedindustrial expansion and job creation in the area, which is proposed to be added to thecommunity. Dubuque Industrial Center EconomicSection 4. That the City Manager is Development District, is an economicauthorized and directed to prepare an development area as defined by Chapter 403Amended and Restated Urban Renewal Plan of the Iowa Code and is appropriate for anfor the Dubuque Industrial Center Economic urban renewal project, to wit:Development District to include the Expansion Lot 1 of Lot 1 of the NW 1/4 of the SE 1/4,Area to forward said Plan to the City's Long the W 3/4 of the NE 1/4 of the NW 1/4, theRange Planning Commission for review and E 1/4 of the NE 1/4 of the NW 1/4 of Lot 1,comment and to begin the consultation Lot 2 of Lot 1 of the SE 1/4 of the NW 1/4,process required by law with affected taxing Lot 1 of Lot 1 of the SE 1/4 of the NW 1/4entities. and the SW 1/4 of the NE 1/4 of SectionSection 5. That the City Clerk is directed to 30, Township 89 North, Range 2 East ofpublish notice of a public hearing on the the 5th P.M., Dubuque County, Iowa andadoption of an Amended and Restated Urban any adjoining public right-of-way;Renewal Plan for the Dubuque Industrial and the NW 1/4 of the SW 1/4, the NE 1/4Center Economic Development District to be of the SW 1/4, Lot 1 of the SE 1/4 of theheld on April 7, 1997 at 7:00 p.m. in the SW 1/4, and Lot 1 of the SW 1/4 of theCarnegie-Stout Public Library Auditorium, SW 1/4, all in Section 30, Township 8911th and Bluff Streets, Dubuque, Iowa 52001 North, Range 2 East, 5th P.M., Dubuqueand that said notice shall generally identify the County, Iowa and any adjoining publicarea covered by the Amended and Restated right-of-way;Plan and the general scope of the Amended and that portion of the right-of-way of theand Restated Plan and the activities planned Chicago Central Pacific Railroad from thefor such areas. southwest corner of Lot 1 of the SW 1/4 ofSection 6. That the City Clerk is further the SE 1/4, Section 30, Township 89directed to send by ordinary mail a copy of North, Range 2 East, 5th P.M., Dubuquesaid notice of public hearing to the Dubuque County, Iowa westerly through Sections 30Community School District, the County Board and 31 approximately 845 feet along theof Supervisors and the Northeast Iowa southern boundary of Lot 1 of the SE 1/4 ofCommunity College, as the affected taxing the SW 1/4, Section 30, Township 89entities. North, Range 2 East, 5th P.M. DubuquePASSED, APPROVED and ADOPTED County, Iowa to the southeast corner of Lotthis 20th day of January, 1997. 2 of the SE 1/4 of the SW 1/4, Section 30,Terrance M. Duggan, Mayor Township 89 North, Range 2 East, 5th P.Attest: Mary A. Davis, City Clerk M., Dubuque County, Iowa;Council Member Voetberg moved adoption and Lot 1 of the NE 1/4 of the SE 1/4, andof the Resolution and set the matter for Public commencing at the northeast corner of LotHearing on 4-7-97 at 7:00 p.m. in the Public 1 of Lot 1 of Lot 1 of the SE 1/4 of the SELibrary Auditorium and that the City Clerk 1/4, thence southerly 562.15 feet to thepublish notice in the matter prescribed by law. point of intersection with the NE corner ofSeconded by Council Member Robbins. Regular Session, January 20, 1997 Motion carried 6-0. Member Buol. Motion carried 6-0. City Manager submitting documentsRESOLUTION NO. 51-97 providing for the Reconstruction of theORDERING BIDS Sanitary Sewer in the alley between RhombergNOW THEREFORE, BE IT RESOLVED and Garfield, from Hamilton to Marshall,BY THE COUNCIL OF THE CITY OF presented and read. Council MemberDUBUQUE, IOWA: Robbins moved that the communication beThat the Alley between Rhomberg and received and filed. Seconded by CouncilGarfield from Hamilton to Marshall Sanitary Member Buol. Motion carried 6-0. Sewer Reconstruction is hereby ordered to be advertised for bids for construction. RESOLUTION NO. 49-97BE IT FURTHER RESOLVED, that the PRELIMINARY APPROVAL OFamount of the security to accompany each bid PLANS AND SPECIFICATIONSshall be in an amount which shall conform to NOW THEREFORE, BE IT RESOLVEDthe provisions of the notice to bidders hereby BY THE CITY COUNCIL OF THE CITY OFapproved as a part of the plans and DUBUQUE, IOWA:specifications heretofore adopted. That the proposed plans, specifications,That the City Clerk is hereby directed to form of contract and estimated cost for theadvertise for bids for the construction of the Alley between Rhomberg and Garfield fromimprovements herein provided, to be published Hamilton to Marshall Sanitary Sewerin a newspaper having general circulation in Reconstruction, in the estimated amount ofthe City of Dubuque, Iowa, which notice shall $92,784.54, are hereby approved and orderednot be less than four days nor more than filed in the office of the City Clerk for publictwenty days prior to the receipt of said bids at inspection.2:00 p.m. on the 6th day of February, 1997. Passed, adopted and approved this 20thBids shall be opened and read by the City day of January, 1997.Clerk at said time and will be submitted to the Terrance M. Duggan, MayorCouncil for final action at 7:00 p.m. on the Attest: Mary A. Davis, City Clerk17th day of February, 1997. Council Member Robbins moved adoptionPassed, adopted and approved this 20th of the Resolution. Seconded by Councilday of January, 1997. Member Buol. Motion carried 6-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk RESOLUTION NO. 50-97Council Member Voetberg moved adoption FIXING DATE OF HEARING ONof the Resolution. Seconded by Council PLANS AND SPECIFICATIONSMember Buol. Motion carried 6-0. Whereas, the City Council of the City of Dubuque, Iowa has given its preliminaryCity Manager Michael C. Van Milligen approval on the proposed plans,submitted and explained the proposed FY 98 specifications, and form of contract andBudget. placed same on file in the office of the City Clerk for public inspection of the AlleyAt 10:17 p.m. Council Member Robbins between Rhomberg and Garfield frommoved to go into Closed Session In Hamilton to Marshall Sanitary Seweraccordance with Chapter 21.5 1.(j ) 1995 Reconstruction.Code of Iowa to discuss the purchase of NOW THEREFORE, BE IT RESOLVEDparticular real estate where premature BY THE CITY COUNCIL OF THE CITY OFdisclosure could be reasonably expected to DUBUQUE, IOWA:increase the price the governmental body That on the 17th day of February, 1997, awould have to pay for that property. Seconded public hearing will be held at 7:00 p.m. in theby Council Member Buol. Motion carried 6-0. Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans andAt 10:25 p.m. Council reconvened in specifications, form of contract and cost ofRegular Session. said improvement, and the City Clerk be and is hereby directed to cause a notice of timeThere being no further business, Council and place of such hearing to be published in aMember Voetberg moved to adjourn. newspaper having general circulation in theSeconded by Council Member Buol. Motion City of Dubuque, Iowa, which notice shall becarried 6-0. The meeting adjourned at 10:26 not less than four days nor more than twentyp.m. days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposedMary A. Davis CMC, plans, specifications, contract, or estimatedCity Clerk cost of the improvement. Passed, adopted and approved this 20th day of January, 1997.Approved , 1997 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkAdopted , 1997 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Regular Session, January 20, 1997 Mayor Council Members Attest: City Clerk