1997 February Council ProceedingsRegular Session, February 3, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, February 3,
1997
Council met at 7:00 p.m., Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Rev. Jim
Cummings, Pastor of First Baptist Church.
Proclamation: Extending "Year of the Ox"
wishes to our Sister City, Han Dan, China
received by Dick Landis who is requesting
funding to publish greetings. Upon
consensus it was resolved to approve the
necessary funding from the Sister City
Budget.
MINUTES SUBMITTED -- Airport
Commission of 12-12-96 & 12-30-96; Library
Board of Trustees of 12-19-96; Five Flags
Commission of 12-20-97; Human Rights
Commission of 12-9-96; Investment Oversight
Advisory Commission of 1-16-97; Investment
Oversight Commission submitting their
quarterly report; Park & Recreation
Commission of 1-14; Zoning Advisory
Commission of 1-18-97; Zoning Board of
Adjustment of 1-23-97, presented and read.
Council Member Voetberg moved that the
minutes be received and filed. Seconded by
Council Member Michalski. Motion carried 7-
0.
Finance Director submitting Financial
Reports for month of December, 1996;
Dubuque Racing Association, LTD. submitting
the Financial Statements for year ending
November 30, 1996 (Copy of report on file in
City Clerk's office); Swiss Valley Farms, Co.,
submitting the audit report for fiscal year
ending September 30, 1996 (Copy of report on
file in City Clerk's Office); Proofs of
Publication on publishing Council Proceedings
for 12-23-96 & 1-6-97, presented and read.
Council Member Voetberg moved that the
reports, financial statements and proofs be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
Printed Council Proceedings for the
months of January, February, March and April,
1996, presented and read. Council Member
Voetberg moved that the proceedings be
approved as printed. Seconded by Council
Member Michalski. Motion carried 7-0.
NOTICES OF CLAIMS/SUITS -- Valerie
H. Mueller in unknown amount for property
damages, presented and read. Council
Member Voetberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by Council
Member Michalski. Motion carried 7-0.
Corporation Counsel advising following
claims were referred to Crawford & Company,
the agent for the Iowa Communities
Assurance Pool: Personal injury of Anne
Homberg, Car damage of Tina Kelly, Car
damage of Katherine B. Rennison and Car
damage of Anne M. Woods, presented and
read. Council Member Voetberg moved that
the communications be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
Human Rights Commission advising they
have entered into a mediation process and
have come to a successfully resolution
regarding request that Commissioner Marty
O'Shea be removed from the Commission,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
KDTH/KATF Radio and Dubuque Jaycees
requesting permission to conduct a fireworks
display on Thursday, July 3, 1997 from 9:00
p.m. to 10:30 p.m. on Volunteer Road between
Hawthorne and Lime Streets, presented and
read. Council Member Voetberg moved that
the request be approved subject to
implementation of the City Manager.
Seconded by Council Member Michalski.
Motion carried 7-0.
Canadian Pacific Railway submitting
information pursuant to the requirements of
the Workers Adjustment and Retraining
Notification Act as it applies to Soo Line
employees, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
December 17, 1996
In accordance with Chapter 400 of the
1995 Code of Iowa, the Civil Service
Commission conducted written promotional
examinations on November 12 and 13, 1996
for the positions of POLICE CAPTAIN,
POLICE CORPORAL AND POLICE
LIEUTENANT.
We hereby certify that the following
members of the Police Department have
Regular Session, February 3, 1997
passed these written promotional
examinations and promotion for the positions
should be made from the appropriate lists.
This is the first list for each position being
certified.
POLICE CAPTAIN
Michael Sullivan Robert Flannery
John Stevens Jeffrey Pillard
Robert Prine Scott Crabill
Terrence Tobin Larry Verdick
Thomas Schaefer Paula Gieseman
Thomas D. Parker
POLICE CORPORAL
Michael Rettenmeier Russell Stecklein
Cory Sommer Steven Eastvedt
Forest Trausch
James Lembke
Kurt Horch
Shane O'Brien
Mark Da!sing
POLICE LIEUTENANT
Steven Eastvedt
Neil Weiss
Russell Stecklein
Eric Schneider
Edward Baker
Daniel Sabers
Scott Crabill
Cory Sommer
Robert Flannery
Dennis Strumberger
Michael Rettenmeier Jeffrey Pillard
Respectfully submitted,
/s/ Merle J. Duehr Jr.
/s/ Tom Rawson
Civil Service Commission
Council Member Voetberg moved that the
above Civil Service certification be made a
matter of record. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager recommending execution of
an agreement with Cottingham and Butler for
their continued administration of the City's
worker compensation program, presented and
read. Council Member Voetberg moved that
the communication be received and filed and
recommendation approved. Seconded by
Council Member Michalski. Motion carried 7-
0.
City Manager recommending execution of
the Administrative Services and Financial
Agreement for the Delta Dental Plan, which is
a part of the employee benefit package,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved. Seconded
by Council Member Michalski. Motion carried
7-0.
City Manager recommending continuation
of a grant with Iowa Department of Public
Health for the Childhood Lead Poisoning
Prevention Grant, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved continuation. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager requesting Council approval
to serve on the Board of the newly formed
Grand Opera House Foundation, presented
and read. Council Member Voetberg moved
that the communication be received and filed
and recommendation approved. Seconded by
Council Member Michalski. Motion carried 7-
0.
City Manager requesting that Housing
Services Manager David Harris be the city
representative to serve on the National
Organization on Disability (NOD), presented
and read. Council Member Voetberg moved
that the communication be received and filed
and request approved. Seconded by Council
Member Michalski. Motion carried 7-0.
Attorney Leo McCarthy requesting approval
to release City Series 1979 liens on the
Dubuque Medical Arts Building Clinic
Revenue Bonds, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 52-97
RESOLUTION APPROVING RELEASE
OF LOAN AGREEMENT
MORTGAGE/INDENTURE OF TRUST, AND
UCC -4 TERMINATION STATEMENT, RE
IOWA MEDICAL CLINIC REVENUE
BONDS, SERIES 1979 DUBUQUE
MEDICAL ARTS BUILDING.
Whereas, City of Dubuque, Iowa, Issuer,
and Dubuque Medical Arts Building, an Iowa
Partnership, entered into a Loan
Agreement/Mortgage/Indenture of Trust dated
November 1, 1979 in the amount of
$1,425,000.00, which Loan
Agreement/Mortgage/Indenture of Trust was
filed for record on November 20, 1979,
Instrument #10245-79 of the records of
Dubuque County, Iowa.
Whereas, City of Dubuque, Iowa, Issuer,
assigned the said Loan
Agreement/Mortgage/Indenture of Trust with
Dubuque Medical Arts Building to The First
National Bank of Dubuque, the Assignment
being dated November 1, 1979, filed for record
November 20, 1979, Instrument #10246-79 of
the records of Dubuque County, Iowa;
Whereas, City of Dubuque, Iowa,
Mortgagee, entered into a Collateral Real
Estate Mortgage dated November 1, 1979,
with The Finley Hospital, Mortgagor, which
mortgage was filed for record on November
20, 1979, as Instruct No. 1247-79 of the
records of Dubuque County, Iowa; and the
City of Dubuque, Iowa, assigned the said
Collateral Real Estate Mortgage to The First
National Bank of Dubuque by Assignment
dated November 1, 1979, filed for record
November 20, 1979, Instrument #10248-79 of
the records of Dubuque County, Iowa;
Whereas, Dubuque Medical Arts Building,
an Iowa General Partnership, as Debtor,
executed UCC -2 Financing Statement to City
of Dubuque, Iowa, which financing statement
was filed for record November 20, 1979,
Instrument #10251-79 of the records of
Dubuque County, Iowa;
Whereas, all of such documents were
issued to secure the issuance of bonds in the
amount of $1,425,000.00 known as Iowa
Medical Clinic Revenue Bonds, (Dubuque
Medical Arts Building Project) Series 1979,
and the bonds have been redeemed, paid off,
satisfied and discharged in full;
Regular Session, February 3, 1997
Whereas, the City Council believes it is in
the best interest of all parties to approve the
requested release of Loan
Agreement/Mortgage/Indenture of Trust,
Release of Collateral Real Estate Mortgage
and the UCC -4 Termination of the UCC -2
Financing Statement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Release of Loan
Agreement/Mortgage/Indenture of Trust
attached hereto is hereby approved.
Section 2. That the Release of Collateral
Real Estate Mortgage attached hereto is
hereby approved.
Section 3. That the UCC -4 Termination
Statement is hereby approved.
Section 4. That the Mayor and City Clerk
are hereby authorized and directed to execute,
on behalf of the City of Dubuque, Iowa, the
attached Release of Loan
Agreement/Mortgage/Indenture of Trust,
Release of Collateral Real Estate Mortgage,
and UCC -4 Termination Statement.
Section 5. That the City Clerk is hereby
authorized and directed to have a copy of the
executed Release of Loan
Agreement/Mortgage/Indenture of Trust,
Release of Collateral Real Estate Mortgage,
and UCC -4 Termination Statement recorded
in the records of the Office of the Recorder of
the County of Dubuque, Iowa.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager requesting Council approval
to Chair the United Way 1997-98 Campaign,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and request approved.
Seconded by Council Member Michalski.
Motion carried 7-0.
City Manager advising the City's quarterly
newsletter, City Focus, has received a finalist
Award of Merit in the 16th City Hall Public
International Awards Competition, presented
and read. Council Member Voetberg moved
that the communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
City Manager requesting endorsement to
file for RISE Grant for road improvements for
Site "F", presented and read. Council Member
Voetberg moved that the communication be
received and filed and recommendation
approved. Seconded by Council Member
Michalski. Motion carried 7-0.
RESOLUTION NO. 53-97
A RESOLUTION ENDORSING THE
SUBMISSION OF A REVITALIZE IOWA'S
SOUND ECONOMY (RISE) APPLICATION
TO THE IOWA DEPARTMENT OF
TRANSPORTATION FOR A NEW
INTERNAL SITE F INDUSTRIAL PARK
STREET, NEW INTERSECTION ACCESS
FROM U.S. HIGHWAY 61/151 AND AN
IMPROVED LAKE ELEANOR
ROAD/HIGHWAY 61/151 INTERSECTION.
WHEREAS, the City of Dubuque believes
that economic development opportunities
require developable industrial land with
adequate public infrastructure in order to
retain and attract new job creating businesses
and industries to this community; and
WHEREAS, the City of Dubuque, has
purchased 122 acres of industrial
development land at the southeast corner of
the intersection of U.S. Highway 61/151 and
Lake Eleanor Road based on the findings of
an industrial park development feasibility
study; and
WHEREAS, the City of Dubuque, has
begun annexation proceedings to incorporate
this property into the City's boundaries; and
WHEREAS, the improvement of this
property requires new primary access to U.S.
Highway 61/151, existing Lake Eleanor
Road/Highway 61/151 intersection
improvements and an internal loop street; and
WHEREAS, the Iowa Department of
Transportation, through its Revitalize Iowa's
Sound Economy (RISE) program's
Competitive Rating Funding, has monies
available for the development of public
roadways to support future economic
development opportunities.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque
hereby endorses the application to the Iowa
Department of Transportation for RISE
funding to create and improve access to a new
Site F Industrial Park.
Section 2. That the City of Dubuque
hereby certifies that the roadway
improvements will be dedicated to public use
and will remain so dedicated to public use.
Section 3. That the City of Dubuque
hereby assumes responsibility for and ongoing
maintenance of these improvements and
ensures that they will be adequately
maintained in the future.
Section 4. That the City Manager is
authorized to sign, on behalf of the City
Council, the application for RISE funding.
PASSED, APPROVED and ADOPTED
this 3rd day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager submitting additional
Legislative issue and authorizing letter to State
Legislators, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
Regular Session, February 3, 1997
City Manager recommending acceptance of
a warranty deed for a right-of-way purchase on
Kelly Lane, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 54-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON KELLY
LANE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into
an Acquisition Agreement with Gerald Ihm
dated June 4, 1996, pursuant to which Gerald
Ihm agreed to convey a part of Lot 2 of Mark
Heights in the City of Dubuque, Iowa, as
shown on the Acquisition Plat thereof; and
Whereas, Gerald Ihm has executed a
conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Gerald Ihm, copies of which are attached
hereto, as required by Iowa Code Section
569.7.
Section 2. The Mayor is hereby authorized
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager recommending addendum to
agreement with IDOT relating to the paving of
two southbound lanes of the Northwest
Arterial, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 55-97
RESOLUTION APPROVING
COOPERATIVE AGREEMENT WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION RELATING TO THE
CONSTRUCTION OF TRAFFIC SIGNALS
AT THE INTERSECTION OF THE
NORTHWEST ARTERIAL (U.S. 32) AND
CHAVENELLE DRIVE
Whereas, the Iowa Department of
Transportation is proposing to construct two
southbound lanes on the Northwest Arterial
(U.S. 32) from U.S. 20 to John F. Kennedy
Road in calendar year 1997; and
Whereas, Agreement Nos. 96-16-106, 96-
A-179, and 96-3-216 with the Iowa
Department of Transportation were previously
approved by the City Council; and
Whereas, the Iowa Department of
Transportation has proposed an amendment
to said agreements relating to the construction
and funding of traffic signals at the
intersection of the Northwest Arterial (U.S. 32)
and Chavenelle Drive; and
Whereas, the City Council of the City of
Dubuque approves the terms and conditions
of said Cooperative Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Iowa Department of
Transportation Agreement No. 97-A-078
consisting of a Cooperative Agreement with
the Iowa Department of Transportation for the
installation and funding of traffic signals at the
intersection of the Northwest Arterial (U.S. 32)
and Chavenelle Drive be approved.
Section 2. That the Mayor be authorized
and directed to execute two copies of the
Cooperative Agreement and forward the
executed copies to the Iowa Department of
Transportation.
Passed, approved and adopted this 4th day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 56-97
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DAYBOOK, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
T.B.T.B Inc. Cedar Cross Amoco
+(Sunday Sales) 1010 Cedar Cross
Passed, approved and adopted this 3rd day
February of 1997.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 57-97
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Liquor License.
CLASS "B" (HOTEL/MOTEL) BEER
Regular Session, February 3, 1997
& LIQUOR LICENSE
Dubuque Inn Corp Dubuque Inn
+(Sunday Sales) 3434 Dodge St.
CLASS "C" (COMMERCIAL) BEER
& LIQUOR LICENSE
James W. Goetzinger Goetz's
+(Sunday Sales) 2776 Jackson
Chi -Chi's Inc. Chi -Chi Mexican Res
+(Sunday Sales) 800 Wacker
Passed, approved and adopted this 3rd day
February of, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
BOARDS AND COMMISSIONS:
COMMUNITY DEVELOPMENT
COMMISSION: The following applicants
were invited to address the Council: Bill
Daugherty, Tom Kersch, Thomas Wainwright.
Bill Daugherty and Thomas Wainwright
spoke.
HUMAN RIGHTS COMMISSION: Two 3 -
Year terms which will expire 1-1-2000 (terms
of R. Maiers & N. Miller). Applicants: Kathy
Blau, Joseph Hopkins, Evelyn Jackson, Nancy
Miller, Linda Smith and Diane Tekippe.
Vote on the appointments was as follows:
Mayor Duggan voted for Blau and Tekippe.
Council Member Buol voted for Jackson and
Miller. Counicl Member Krieg voted for Blau
and Miller. Council Member Michalski voted
for Blau and Miller. Council Member
Nicholson voted for Miller and Tekippe.
Council Member Robbins voted for Miller and
Smith. Council Member Voetberg voted for
Smith and Tekippe. Thus, Nancy Miller
reappointed to a three year term which will
expire 1-1-2000.
A second vote was taken: Mayor Duggan
voted for Tekippe. Council Member Buol
voted for Jackson. Council Member Krieg
voted for Blau. Council Member Michalski
voted for Blau. Council Member Nicholson
voted for Jackson. Council Member Robbins
voted for Smith. Council Member Voetberg
voted for Hopkins.
There not being a majority, a third vote was
taken: Mayor Duggan voted for Tekippe.
Council Member Buol voted for Hopkins.
Council Member Krieg voted for Smith.
Council Member Michalski voted for Blau.
Council Member Nicholson voted for Jackson.
Council Member Robbins voted for Hopkins.
Council Member Voetberg voted for Hopkins.
Therefore, Joseph A. Hopkins was appointed
for a three year term which will expire 1-1-
2000.
Council Member Voetberg moved that the
rules be suspended to allow anyone present to
address the Council. Seconded by Council
Member Robbins. Motion carried 7-0.
PUBLIC HEARING DEFERRED FROM
COUNCIL MEETING OF 1-20-97:
Council Member Nicholson moved that this
item be removed from the table. Seconded by
Council Member Robbins. Motion carried 7-0.
Pat Friedman, representing Wendell Corey,
spoke requesting annexation for this property.
RESOLUTION NO. 58-97
RESOLUTION ANNEXING CERTAIN
PROPERTY TO THE CITY OF DUBUQUE,
IOWA
Whereas, Wendell W. Corey, Purchaser,
pursuant to an agreement with Plastic Center,
Inc., Seller, has voluntarily petitioned for
annexation of approximately 107.20 acres of
property lying outside the corporate limits of
the city of Dubuque, Iowa, to the City of
Dubuque, as shown in Exhibit A; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of city limits in
situations of this character by the adoption of
a resolution after notification as required by
State regulations; and
Whereas, the future growth and
development of the city of Dubuque, Iowa
make it desirable that said property be made a
part of the city of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of the
city of Dubuque, Iowa be, and they are hereby
extended, to include the property legally
described as Lot 2 of Lot 2 of Mineral Lot 459;
the southeast quarter of the northeast quarter
of Section 17, Township 89 North, Range 2
East; and the southwest quarter of the
northeast quarter of Section 17, Township 89
North, Range 2 East in Dubuque County,
Iowa.
Section 2. That the territory hereby annexed
shall become a part of the Second Ward,
Eleventh Precinct of the city of Dubuque,
Iowa.
Section 3. That the City Clerk shall file this
Resolution, all Exhibits and the petition for
voluntary annexation with the City
Development Board of the State of Iowa. The
Resolution will not be forwarded to the State of
Iowa until such time as Purchaser provides
written evidence to the City Clerk of the
conveyance of the property from Seller to
Purchaser. In the event that Purchaser does
not provide such evidence to the City Clerk
prior to July 1, 1997, this Resolution shall be
null and void.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
reclassify property at 120 Bryant Street from
R-2 to C-3 District, presented and read.
Council Member Voetberg moved that the
proof be received and filed. Seconded by
Council Member Nicholson. Motion carried 7-
Regular Session, February 3, 1997
0.
An Ordinance Amending Zoning Map by
reclassifying property at 120 Bryant Street
from R-2 Two -Family Residential District and
C-3 General Commercial District to OR Office
Residential District (requested by Jerry Holt),
said Ordinance having been presented and
read at the Council Meeting of 1-20-97, now
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 10-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT
120 BRYANT STREET FROM R-2 TWO-
FAMILY RESIDENTIAL DISTRICT AND C-3
GENERAL COMMERCIAL DISTRICT TO
OR OFFICE RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by
reclassifying the hereinafter described
property from R-2 Two -Family Residential
District and C-3 General Commercial District
to OR Office Residential District, to wit:
Lot 1 of Bryant Hill Subdivision, and to the
center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of February, 1997.
1t 2/10 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved final
consideration and passage of the Ordinance.
Seconded by Council Member Nicholson.
Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
amend Zoning Ordinance by adopting a new
Section 4-4.8 in lieu thereof pertaining to
required procedures for Site Plan Review,
presented and read. Council Member
Voetberg moved that the proof be received
and filed. Seconded by Council Member
Nicholson. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City Code of
Ordinances by adopting a new Section 4-4-8
in lieu thereof pertaining to required
procedures for Site Plan Review, said
Ordinance having been presented and read at
the Council Meeting of 1-20-97, now
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 11-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES,
BY REPEALING SECTION 4-4.8 AND
ADOPTING SECTION 4-4.8 IN LIEU
THEREOF PERTAINING TO REQUIRED
PROCEDURES FOR SITE PLAN REVIEW.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by repealing
Section 4-4.8 and adopting the following new
Section 4-4.8 in lieu thereof:
4-4.8 Required procedures for site plan
review.
1) Applicants for site plan review shall meet
with the city planner or the city planner's
designee prior to submission of a site plan.
The purpose of this meeting is to acquaint
the applicant with site development
standards and procedures. This meeting
shall also serve to allow the applicant to
present the scope and nature of the
proposed project to the city planner.
2) Following the initial meeting with the city
planner or the city planner's designee, the
applicant may submit a completed site plan
for review. At least four (4) copies are
required for all site plan sheets, drawings
and written information. The city planner
shall submit one (1) copy to the city
engineer and one (1) copy the zoning
administrator for their permanent records.
3) Within fourteen (14) working days of
receiving a site plan, the city planner or the
city planner's designee shall notify the
applicant of any approval, conditional
approval or disapproval. In cases of
conditional approval or disapproval, written
notification shall be given for the reasons of
such action. In those site plans which
propose the construction of new streets,
driveways, curb cuts and other paved
surfaces devoted to vehicular use, the city
planner shall first obtain the advice and
comment of the city engineer prior to any
action.
4) The city planner shall review the site plan
for consistency with city planning policies
and objectives and compliance with zoning
regulations and standards. Development
activity shall not commence until the site
plan is approved.
5) Site plan approvals are valid for a period of
two (2) years from the date of approval.
Within this two-year time frame, a building
permit must be applied for. The City
Planner shall have the authority to grant a
maximum of one (1) one-year extension,
provided the approved site plan is still in
compliance with all current City codes and
ordinances.
6) One (1) copy of the approved site plan shall
be returned to the applicant. One (1) copy
of the approved site plan shall remain in the
records of the City Planner.
Section 2. This ordinance has heretofore
Regular Session, February 3, 1997
been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of February, 1997.
1t 2/10 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved final
consideration and passage of the Ordinance.
Seconded by Council Member Nicholson.
Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of public hearing
regarding land use and access in the
Northwest Arterial Corridor, presented and
read. Council Member Michalski moved that
they accept the recommendation of Staff and
the Long Range Planning Commission and
leave Comprehensive Plan as is, with each
access requested to be handled at the
appropriate time. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Hearing on Plans and
Specs. for West 3rd Street Sanitary and
Storm Sewer Reconstruction Project,
presented and read. Council Member
Voetberg moved that the proof be received
and fled. Seconded by Council Member Buol.
Motion carried 7-0.
RESOLUTION NO. 59-97
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of January, 1996,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the West 3rd Street
Sanitary and Storm Sewer Reconstruction
Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice to Bidders on Receipt of
Bids for project and City Manager
recommending to award contract for project,
presented and read. Council Member
Voetberg moved that the proof and
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 60-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the West 3rd
Sanitary and Storm Sewer Reconstruction
Project pursuant to Resolution No. 19-97 and
notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on the
16th day of January, 1997.
Whereas, said sealed proposals were
opened and read on the 23rd day of January,
1997 and it has been determined that the bid
of Fondell Construction of Dubuque, Iowa in
the amount of $67,715.13 was the lowest bid
for the furnishings of all labor and materials
and performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Fondell
Excavating and the Manager be and is hereby
directed to execute a contract on behalf of the
City of Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing on the
Authorization of an Offer to Buy Real Estate
and Acceptance and City Manager
recommending Council approve the financing
and Offer to Buy 388 acres of real estate from
William and Janet Siegert and lease farm back
to Siegerts, presented and read. Council
Member Robbins moved that the proof and
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 7-0.
RESOLUTION NO. 61-97
RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF AN OFFER
TO BUY REAL ESTATE AND
ACCEPTANCE BETWEEN THE CITY, AS
BUYER, AND WILLIAM SIEGERT AND
JANET SIEGERT, HUSBAND AND WIFE,
AS SELLERS, INCLUDING THE FORM OF
FARM LEASE ATTACHED THERETO AND
MADE A PART THEREOF.
Whereas, it is deemed necessary and
advisable that the City of Dubuque, Iowa (the
"City"), should provide for the authorization of
an Offer to Buy Real Estate and Acceptance,
Regular Session, February 3, 1997
including provisions providing a loan to the
City in the principal amount of $700,000 and
approving the form of Farm Lease attached
thereto (together, the "Agreement"), between
the City, as Buyer, and William Siegert and
Janet Siegert, husband and wife, as Sellers,
as authorized by Sections 384.24A and
384.25, Code of Iowa, as amended, a copy of
which is now before this Council and
incorporated herein by this reference, for the
purpose of acquiring the real property
described therein from the Sellers; and
Whereas, the Agreement and the loan
described therein shall be payable from the
General Fund of the City; and
Whereas, before a loan agreement may be
authorized, it is necessary to comply with the
provisions of the City Code of Iowa, as
amended, and to publish a notice of the
proposal and of the time and place of the
meeting at which the Council proposes to take
action for the authorization of the loan
agreement and to receive oral and/or written
objections from any resident or property owner
of the City to such action; and
Whereas, by Resolution No. 47-97 adopted
January 20, 1997, this Council set a public
hearing on the proposal to enter into the
Agreement for its meeting of February 3, 1997
at 7:00 P.M. in the Carnegie -Stout Public
Library Auditorium, 11th and Bluff Streets,
Dubuque, Iowa, and due and proper notice of
said public hearing was given, as provided by
law, by publication in the Telegraph -Herald on
January 24, 1997, which notice set forth the
time and place for the hearing and the nature
and purpose thereof; and
Whereas, in accordance with said notice, al
persons or organization desiring to be heard
on said proposed action, both for and against,
have been given an opportunity to be heard
with respect thereto and due consideration
has been given to all comments and views
expressed to this Council in connection
therewith and said public hearing has been
closed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Approval of Agreement. The
form and content of the Agreement, provisions
of which are incorporated herein by reference,
is in all respects authorized, approved and
confirmed, and the Mayor and the Mayor Pro
Tem and the City Clerk and the Deputy City
Clerk are authorized, empowered and directed
to execute, attest, seal and deliver the
Agreement for and on behalf of the City in
substantially the form and content now before
this meeting, but with such changes,
modifications, additions or deletions therein as
shall be approved by such officers upon the
advice of the Corporation Counsel, and from
and after the execution and delivery of the
Agreement, the Mayor and the Mayor Pro Tem
and the City Clerk and the Deputy city Clerk
are authorized, empowered and directed to do
all such acts and things and to execute all
such documents as may be necessary to carry
out and comply with the provisions of the
Agreement as executed.
Section 2. Ratification. All acts of the City
Administrator and City Clerk in connection
with the negotiation of the Agreement and the
publication of the notice of public hearing with
respect thereto are hereby ratified, confirmed
and approved.
Passed, and approved this 3rd day of
February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
annex certain property to the City (County
Farm and Siegert Farm) and City Manager
recommending approval of annexation
application of Dubuque County and William
and Janet Siegert, presented and read.
Council Member Buol moved that the proof
and communication be received and filed.
Seconded by Council Member Voetberg.
Motion carried 7-0.
RESOLUTION NO. 62-97
RESOLUTION ANNEXING CERTAIN
PROPERTY TO THE CITY OF DUBUQUE,
IOWA.
Whereas, Dubuque County, as the owner
of approximately 210 acres of property lying
outside the corporate limits of the City of
Dubuque, has voluntarily petitioned for
annexation of said territory to the City of
Dubuque pursuant to Section 368.7 of the
Code of Iowa; and
Whereas, Dubuque County has voluntarily
petitioned for annexation of approximately 8
acres of adjoining Chicago Central Pacific
Railroad property located in the railway right-
of-way from the corporate limits to said County
property, pursuant to Section 368.7 of the
Code of Iowa; and
Whereas, William and Janet Siegert, as the
owners of approximately 156 acres of property
lying outside the corporate limits of the City of
Dubuque and adjacent to said County
property, have voluntarily petitioned for
annexation of said territory to the City of
Dubuque pursuant to Section 368.7 of the
Code of Iowa; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by the adoption of
a resolution after notification as required by
State regulations;
Whereas, the future growth and
development of the City of Dubuque, Iowa
make it desirable that said territory as shown
in Exhibit A, be made a part of the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of the
City of Dubuque, Iowa be, and they hereby are
extended to include the property legally
described in Exhibit B.
Section 2. That the territory hereby
annexed shall become a part of the Second
Regular Session, February 3, 1997
Ward, Seventh Precinct of the City of
Dubuque, Iowa.
Section 3. That the City Clerk shall file this
resolution, all Exhibits and the petition for
voluntary annexation with the City
Development Board of the State of Iowa.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
annex certain property to the City (Site F -
South of City), City Manager recommending
approval to proceed with annexation, and
communication of Wendell and Janis Comer
addressing traffic safety concerns of the
intersection, presented and read. Council
Member Krieg moved that the proof and
communication be received and filed.
Seconded by Council Member Robbins.
Motion carried 7-0.
Hugh McFadden spoke raising specific
concerns about the annexation and objecting
to it at this time.
RESOLUTION NO. 63-97
RESOLUTION ANNEXING CERTAIN
PROPERTY TO THE CITY OF DUBUQUE,
IOWA.
Whereas, the City of Dubuque, as the
owner of approximately 121.9 acres of
property lying outside the corporate limits of
the City of Dubuque, has voluntarily petitioned
for annexation of said territory to the City of
Dubuque pursuant to Section 368.7 of the
Code of Iowa; and
Whereas, the City of Dubuque has
voluntarily petitioned for annexation of
approximately 37.22 acres of adjoining State
of Iowa property located in the right-of-way of
U.S. Highway 61/151 from the corporate limits
to said City property, pursuant to Section
368.5 of the Code of Iowa; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of City limits in
situations of this character by the adoption of
a resolution after notification as required by
State regulations;
Whereas, the future growth and
development of the City of Dubuque, Iowa
make it desirable that said City and State
property as shown in Exhibit A, be made a part
of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of the
City of Dubuque, Iowa be, and they hereby are
extended to include the property legally
described in Exhibit B.
Section 2. That the territory hereby
annexed shall become a part of the First
Ward, First Precinct of the City of Dubuque,
Iowa.
Section 3. That the City Clerk shall file this
resolution, all Exhibits and the petition for
voluntary annexation with the Iowa Department
of Transportation, Dubuque County Recorder
and Secretary of State.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
Council Member Voetberg requesting the
"No Parking" issue on Kelly Lane which was
approved at last meeting be brought back for
further consideration, presented and read.
Council Member Voetberg moved that some
parts will have "No Parking" and some will
allow parking in areas and that the Council will
revisit the parking issue at a later date.
Seconded by Council Member Michalski.
Motion carried 7-0.
City Manager requesting approval to
proceed with Offer to Buy Real Estate and
accept property from Dubuque County,
presented and read. Council Member Buol
moved that the communication be received
and fled and request approved. Seconded by
Council Member Nicholson. Motion carried 7-
0.
Dubuque County Board of Supervisors
Chair advising of their approval to execute
Offer to Buy Real Estate and Acceptance for
property, presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Nicholson. Motion carried 7-0.
City Manager submitting an Ordinance
which provides for the disposition and
handling of funds of the Library, presented
and read. Council Member Voetberg moved
that the communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 12-97
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES BY
REPEALING SECTION 30-8 PROVIDING
FOR THE DISPOSITION AND HANDLING
OF FUNDS OF THE LIBRARY.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 30-8 of the City of
Dubuque Code of Ordinances is hereby
repealed.
Section 2. This ordinance shall take effect
upon publication.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of February, 1997.
1t 2/10 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that the
Regular Session, February 3, 1997
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Michalski.
Motion canied 7-0. Council Member Voetberg
moved final consideration and passage of the
Ordinance. Seconded by Council Member
Michalski. Motion carried 7-0.
City Manager requesting approval of
proposed changes to Community Partnership
Program (cp2), presented and read. Council
Member Krieg moved that the communication
be received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 64-97
A RESOLUTION AMENDING THE
GUIDELINES OF THE COMMUNITY
PARTNERSHIP PROGRAM (cp2).
Whereas, under the provisions of Title I of
the Housing and Community Development Act
of 1974, as amended, the City of Dubuque
has received Community Development Block
Grant (CDBG) funds for the development and
maintenance of a viable urban community
through the provision of decent housing, a
suitable living environment and expanded
economic opportunities for its residents,
particulary those persons of low and moderate
income; and
Whereas, the Community Partnership
Program (cp2) was developed in FY92 in
response to the national goals and objectives
of the CDBG program and is designed to
encourage, on a local level, new and innovative
private and non-profit efforts to improve the
livability of the community for all citizens; and
Whereas, the guidelines for the
implementation and administration of the
Community Partnership Program (cp2) have
been amended to better respond to the needs
of the community and have been presented
before the City Council for consideration; and
Whereas, the Community Development
Advisory Commission has reviewed the
proposed changes and recommends their
adoption;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the amended Community
Partnership Program (cp2) Guidelines, as
presented, are approved and adopted.
Section 2. That the City Manager be and is
hereby authorized to implement and
administer the Community Partnership
Program (cp2) in accordance with the terms
and conditions of the amended and approved
guidelines.
Passed, approved, and adopted this 3rd
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council Member
Buol.
Motion carried 7-0.
City Manager recommending revocable
permit be issued for a vinyl awning at 299 East
9th Street, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 7-0.
An Ordinance Authorizing Tschiggfrie
Excavating to construct a 48" projecting
illuminated awning at 9th & Washington,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 13-97
AN ORDINANCE AUTHORIZING
TSCHIGGFRIE EXCAVATING TO
CONSTRUCT A 48" PROJECTING
ILLUMINATED AWNING
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Tschiggfrie Excavating as
the owner of the premises known as _9th and
Washington, Dubuque, Iowa, and legally
described as City Lot 394 thru 398, and 420
thru 424, and % lot 505A be and they are
hereby granted the revocable permit and
authority to construct and maintain a 48"
projecting illuminated awning der the terms
and conditions set forth in this Ordinance.
Section 2. That such construction shall be
done in accordance with plans heretofore
submitted by permittees and approved by the
City Manager, under the supervision and
direction of the City Manager, and in
accordance with all applicable state and
federal laws and regulations, and the
Ordinances of the City of Dubuque.
Section 3. That the permission herein
granted is expressly conditioned on
permittees' agreement to:
a. Assume any and all liability for damages to
persons or property which may result from
the existence, location, installation,
construction or maintenance of said
awning; and
b. Procure and maintain in force during the
term of this permit a policy of liability
insurance as set forth in the attached
Insurance Schedule; and
c. Pay on behalf of the City of Dubuque, all
sums which the City of Dubuque shall
become obligated to pay by reason of the
liability imposed upon the City of Dubuque
for damages of any kind resulting from the
location, installation, existence,
construction or maintenance of said awning
sustained by any person or persons,
caused by accident or otherwise to defend
at its own expense and on behalf of said
City any claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance of
the awning and to pay reasonable attorney
fees therefor; and
d. Indemnify, defend and hold the City of
Dubuque free and harmless from any and
all claims, loss, liability and expense for
Regular Session, February 3, 1997
death and/or injuries to third persons or
damages to property of third persons, or for
damage to any property of the City of
Dubuque which may occur as a result of or
in connection with the location, installation,
construction, maintenance and repair of the
facility, work or improvement permitted
herein.
Section 4. That the permission herein
granted is expressly conditioned upon
permittees' further agreement that should the
right and privilege herein granted be rescinded
or revoked by the City Council, permittees, or
their successors in interest, as owners of the
abutting property, shall within ten (10) days
after receipt of written notice from the City
Manager, so to do, at their own expense,
remove said awning and in the event of their
failure to do so, the City of Dubuque shall be
authorized to remove said awning at
permittees' expense and dispose of the same,
and the permittee shall have no claim against
the City or its agents for damages resulting
from the removal of said awning.
Section 5. That permittees covenant and
agree that the revocable permit herein granted
does not constitute an approval of the design,
erection, location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree not to
assert such claim or defense against the City
of Dubuque in the event of claim asserted for
death, personal injuries and/or property
damage against the permittees arising out of
or in any way connected with the location,
installation, construction, design, repair and
maintenance of the facility herein permitted.
Section 6. This Ordinance shall become
effective and the rights hereunder accrue to
Tschiggfrie Excavating when this Ordinance
has been adopted by the City Council and the
terms and conditions thereof accepted by
permittees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be and she
is authorized and directed to file at permittees'
expense a copy of this ordinance in the Office
of the Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE NO. 13-
97
The undersigned having read and being
familiar with the terms and conditions of
Ordinance No. 13-97, hereby, for themselves,
their successors or assigns, as owners of the
abutting property, accept the same and agree
to be bound by the conditions and agreements
therein contained to be performed by
permittees.
By: Mark Rettenmeier
Title: Manager
Dated: 1-17-97
AND
By: Michael M. Schute
Title: Office Manager
Dated: 1-17-97
Published officially in the Telegraph Herald
newspaper this 10th day of February, 1997.
1t 2/10 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Nicholson.
Motion canied 7-0. Council Member Voetberg
moved final consideration and passage of the
Ordinance. Seconded by Council Member
Nicholson. Motion carried 7-0.
City Manager recommending approval
providing for maximum truck weight limitations
for a truck transporting exclusively milk,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Motion carried 7-0.
An Ordinance Amending Code of
Ordinances by amending Section 32-75
thereof by numbering the first paragraph
thereof as (1) and by adding a new Paragraph
(2) providing for maximum Gross Weight on
any one axle of a vehicle, or of a combination
of vehicles, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 14-97
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY AMENDING
SECTION 32-75 THEREOF BY
NUMBERING THE FIRST PARAGRAPH
THEREOF AS (1) AND BY ADDING A NEW
PARAGRAPH (2) PROVIDING FOR
MAXIMUM GROSS WEIGHT ON ANY ONE
AXLE OF A VEHICLE, OR OF A
COMBINATION OF VEHICLES
NOW, THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 32-75, the Code of
Ordinances of the City of Dubuque, Iowa be
amended by numbering the first paragraph
thereof as (1) and by adding the following
thereto:
(2) It shall be unlawful for any person to
drive or move or for the owner to
cause or knowingly permit to be driven
or moved on any street any vehicle or
vehicles of a size or weight exceeding
the limitations stated in this ordinance.
(a) Except as otherwise provided herein,
the gross weight imposed on the street
by the wheels of any one axle of a
vehicle, or of a combination of
vehicles, operated on the streets of the
City of Dubuque, shall not exceed
20,000 pounds on an axle equipped
with pneumatic tires, and shall not
exceed 14,000 pounds on an axle
equipped with solid rubber tires. The
gross weight on any tandem axle of a
vehicle, or any combination of
vehicles, shall not exceed 34,000
pounds on a tandem axle equipped
with pneumatic tires.
(b) In the case of a vehicle or combination
Regular Session, February 3, 1997
of vehicles transporting exclusively
milk from the point of production in the
State of Wisconsin to the primary
market and the return of dairy supplies
and dairy products from such primary
market in the City of Dubuque, Iowa to
the farm in the State of Wisconsin, the
gross weight imposed on the street by
the wheels of any one axle may not
exceed 21,000 pounds or, for two (2)
axles 8 or less feet apart, 37,000
pounds, or for groups of consecutive
axles more than 9 feet apart, a weight
of 2,000 pounds more than is shown
in paragraph (c), but not to exceed
80,000 pounds.
(c) The gross weight imposed on the
street by any group of axles may not
exceed the maximum gross weights in
the following table for each of the
respective distances between axles
and the respective numbers of axles of
a group:
DISTANCE IN FEET BETWEEN
FOREMOST AND REARMOST AXLES OF
GROUP
MAXIMUM GROSS WEIGHT IN POUNDS
OF A GROUP OF:
4 AXLES* S AXLES"
12 55,500
13 60,000
14 60,500
15 61,500
16 62,000
17 63,000
18 63,500
19 64,500
20 65,000
21 66,000
22 66,500
23 67,500
24 68,500
25 69,000
26 69,500
27 70,500
28 71,300
29 72,000
30 72,700
31 73,000
32 73,000***
64,200
71,700
71,200
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
73,000
Four consecutive axles of a 4 -axle vehicle
or of any vehicle having a total of 5 or more
axles.
Five consecutive axles of a 5 -axle vehicle
or of any vehicle having a total of 6 or more
axles.
,,, Maximum at 32 or more feet between
axles
(d) Notwithstanding paragraph (c), two (2)
consecutive sets of tandem axles may
impose on the street a gross load of
34,000 pounds each if the overall
distance between the first and last
axles of such consecutive sets of
tandem axles is 36 feet or more.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of February, 1997.
1t 2/10 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Nicholson.
Motion canied 7-0. Council Member Voetberg
moved final consideration and passage of the
Ordinance. Seconded by Council Member
Nicholson. Motion carried 7-0.
City Manager recommending execution of
amendment to agreement with IDOT for
Highway 20 improvements project, presented
and read. Council Member Voetberg moved
that the communication be received and filed.
Seconded by Council Member Krieg. Motion
carried 7-0.
RESOLUTION NO. 65-97
RESOLUTION APPROVING
COOPERATIVE AGREEMENT WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION RELATING TO THE
CONSTRUCTION OF AN ACCELERATION
LANE ON DODGE STREET EXTENDING
FROM BLUFF STREET WESTERLY
ALONG DODGE STREET
Whereas, the Iowa Department of
Transportation is proposing to construct an
acceleration lane on Dodge Street extending
from Bluff Street westerly along Dodge Street;
and
Whereas, Agreement Nos. 95-3-033 and
95-A-093 with the Iowa Department of
Transportation were previously approved by
the City Council; and
Whereas, the Iowa Department of
Transportation has proposed a new
addendum providing for the terms and
conditions relating to the purchase of right-of-
way and construction of said acceleration lane;
and
Whereas, the City Council of the City of
Dubuque approves the terms and conditions
of said Cooperate Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of
Transportation Agreement No. 97-A-057
consisting of a Cooperative Agreement with
the Iowa Department of Transportation for the
purchase of right-of-way and construction of
an acceleration lane on Dodge Street from
Bluff Street westerly along Dodge Street,
together with the proposed funding agreement
be approved.
Section 2. That the City Council of the City
of Dubuque agrees to the use of Dubuque
Metropolitan Area Transportation Study
(DMATS) Surface Transportation Program
funds up to a maximum of $1,750,000.00 as
the local contribution to the funding of said
project in cooperation with the Iowa
Department of Transportation.
Section 3. That should any funds be
realized by I.D.O.T. from any subsequent
Regular Session, February 3, 1997
disposition of any portion of the acquired
properties in the future, the net proceeds from
such action would be shared with the City and
the City would return said proceeds to
DMATS.
Section 4. That the Mayor be authorized
and directed to execute two copies of the
Cooperative Agreement and forward the
executed copies to the Iowa Department of
Transportation.
Passed approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Krieg. Carried by the following vote:
Yeas—Mayor Duggan, Council Members Buol,
Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays --None.
City Manager requesting input regarding
Board and Commission members' orientation,
presented and read. Council Member
Michalski moved that they adopt the program
as submitted by Assistant City Manager Tim
Moerman. Seconded by Council Member
Nicholson. Motion carried 7-0.
City Manager requesting to submit CEBA
application on behalf of CarteGraph Systems,
Inc., presented and read. Council Member
Michalski moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 66-97
A RESOLUTION AUTHORIZING THE
FILING OF A COMMUNITY ECONOMIC
BETTERMENT ACCOUNT (CEBA)
APPLICATION ON BEHALF OF
CARTEGRAPH SYSTEMS, INC .
Whereas, CarteGraph Systems, Inc., a
local software development company, has
proposed the expansion of its existing
operations; and
Whereas, the City Council of Dubuque,
Iowa has considered said proposal and has
determined that the proposed project will
contribute to the local economy through the
creation of jobs for area residents; and
Whereas, the Iowa Department of
Economic Development's Community
Economic Betterment Account (CEBA) was
designed to assist in the economic
development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is
eligible to apply for funding from the
Community Economic Betterment Account
program.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application
for participation in the Iowa Community
Economic Betterment Account program on
behalf of CarteGraph Systems, Inc., is
approved.
Section 2. That the local match as
identified in the application is hereby
approved.
Section 3. That the Mayor is hereby
authorized and directed to execute and submit
said application to the State of Iowa Economic
Development Commission together with such
documents as may be required.
Passed, approved, and adopted this 3rd
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
City Manager submitting resolutions
authorizing the publication of official notices of
the public hearing on the Fiscal Year 1998
City budget, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 7-0.
RESOLUTION NO. 67-97
RESOLUTION SETTING THE DATE OF
THE PUBLIC HEARING ON THE FISCAL
YEAR 1998 BUDGET FOR THE CITY OF
DUBUQUE
WHEREAS, Section 384.16 of the Code of
Iowa provides that the City Council shall set a
time and place for a public hearing on the
budget before the final certification date and
shall publish notice before the hearing as
provide in Section 362.3 of the Code of Iowa.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall
conduct a public hearing on the proposed
1997-98 budget of the City of Dubuque at the
Camegie Stout Public Library Auditorium, 360
West 11th Street, Dubuque, Iowa, on
Tuesday, March 4, 1997, beginning at 7:00
p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish
according to law notice of public hearing
together with the required budget information.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
RESOLUTION NO. 68-97
SETTING THE DATE OF PUBLIC HEARING
ON THE FIVE YEAR CAPITAL
IMPROVEMENT PROGRAM
WHEREAS, a proposed Five Year Capital
Improvement Program for the City of Dubuque
has been prepared and submitted to the City
Council; and
WHEREAS, the capital projects for the first
year are included in the Fiscal Year 1998
budget for the City of Dubuque; and
WHEREAS, it is deemed to be in the best
interest of the City of Dubuque to conduct a
public hearing and to adopt the Five Year
Capital Improvement Program simultaneously
with the public hearing and adoption of the
Fiscal Year 1998 budget for the City of
Regular Session, February 3, 1997
Dubuque.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall
conduct a public hearing on the Five Year
Capital Improvement Program at the Carnegie
Stout Public Library Auditorium, 360 West
11th Street, Dubuque, Iowa, on Tuesday,
March 4, 1997, beginning at 7:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish
notice of the public hearing.
Passed, approved and adopted this 3rd day
of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
At 8:22 p.m. Council Member Voetberg
moved to go into Closed Session -- In
accordance with Chapter 21.5 1.(j) 1995 Code
of Iowa to discuss the purchase of particular
real estate where premature disclose could be
reasonably expected to increase the price the
governmental body would have to pay for that
property. Seconded by Council Member
Nicholson. Motion carried 7-0.
At 9:23 p.m. Council reconvened Regular
Session with statement that Staff had been
given direction.
There being no further business, Council
Member Michalski moved to adjourn the
meeting. Seconded by Council Member
Voetberg. Motion carried 7-0. the meeting
adjourned at 9:24 p.m.
Mary A. Davis CMC
City Clerk
Approved 1997
Adopted 1997
Mayor
Council Members
Attest:
City Clerk
Regular Session, February 10, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 10,
1997
Council met at 6:15 p.m., Public Library
Auditorium.
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Absent at Roll Call: Council Member
Voetberg.
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
for the purpose to conduct a Public Hearing
on the Proposed Annual Action Plan for the
use of Community Development Block Grant
Funds for Program Year 23: July 1, 1997 to
June 30, 1998.
There were no public comments received.
Council Member Voetberg entered the
Chambers at 6:24 p.m.
Community Development gave a
presentation from 6:15 to 7:01 p.m.
Planning gave a presentation from 7:04 to
7:33 p.m.
Housing gave a presentation from 7:40 to
8:10 p.m.
Health gave a presentation from 8:11 to
8:40 p.m.
Water Dept. gave a presentation from 8:42
to 9:15 p.m.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Nicholson. Motion carried 7-0. The meeting
adjourned at 9:16 p.m.
Mary A. Davis, CMC
City Clerk
1
Approved 1997
Adopted 1997
Mayor
Council Members
Attest:
City Clerk
Regular Session, February 17, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, February
17, 1997
Council Met at 7:00 p.m., Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Father Robert
Vogl, Professor -Emeritus of Religious Studies
at Loras College.
PROCLAMATION — Feb.22 as "Thinking
Day" received by Girl Scout Troop 237 from
Holy Trinity and Sacred Heart Schools.
MINUTES SUBMITTED—Electrical Code
Board of 2-3; Housing Commission of 1-14;
Housing Commission Trust Fund Committee
of 1-23 & 1-30; Library Board of 1-23; Transit
Trustee Board of 1-16; Zoning Advisory
Commission of 2-6, presented and read.
Council Member Voetberg moved that the
minutes be received and filed. Seconded by
Council Member Buol. Motion carried 7-0.
Printed Council Proceedings for months of
May, June, July and August, 1996, presented
and read. Council Member Voetberg moved
that the proceedings be approved as printed.
Seconded by Council Member Buol. Motion
carried 7-0.
Proofs of Publication on publishing City
Council proceedings of 1-20; List of Claims
and Summary of Revenues for month ending
12-31-96, presented and read. Council
Member Voetberg moved that the proofs be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
NOTICES OF CLAIMS/SUITS — Jacob
Bender in amount of $523.72 for vehicle
damages; Harold & Patricia Brandenburg in
unknown amount for vehicle damages; Anna
Curie) in unknown amount for personal
injuries; Daniel Flynn in amount of $1452.20
for vehicle damages; Florence M. Larkin in
unknown amount for personal injury; Patricia
McLaughlin in amount of $61.28 for personal
injuries; Carol Jean Meyer, in unknown
amount for personal injuries; Joseph Melssen
in amount of $100.00 for backed up sewer
damages; Jeanne & Harvey Miller in Small
Claims Court in the amount of $4000 for
personal injuries; Lyle Wickham III in
estimated amount of $2016.76 for vehicle
damages, presented and read. Council
Member Voetberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by Council
Member Buol. Motion carried 7-0.
Corporation Counsel recommending
settlement of Reimbursement claim of Dale
MaGee in the amount of $3.00 and direct
Finance Director to issue check and submit to
ICAP for reimbursement, presented and read.
Council Member Voetberg moved that the
communication be received and filed
communication and settlement approved.
Seconded by Council Member Buol. Motion
carried 7-0.
Robert Bradow, Kevin Riniker and Gene
Bovee submitting their concerns regarding the
sale of the CP/S00 Line Railroad to the I & M
Corporation, presented and read. Council
Member Voetberg moved that the
communications be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
REFUND REQUESTED — Joe Lenaers in
amount of $25.00 for unexpired Cigarette
License, presented and read. Council
Member Voetberg moved that the refund be
approved. Seconded by Council Member
Buol. Motion carried 7-0.
City Manager recommending approval of
Bunker Hill Golf Course Operating Agreement
with G.M.S., Inc. (George Stephenson, Golf
Professional), presented and read. Council
Member Voetberg moved that the
communication be received and filed and
approved the Agreement. Seconded by
Council Member Buol. Motion carried 7-0.
City Manager recommending approval of
Concession agreement for McAleece Park
and Recreation Complex with JD, BS -SW,
LTD be executed, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved the Agreement. Seconded by
Council Member Buol. Motion carried 7-0.
City Manager recommending approval to
enter into an agreement with Central Iowa
Center for Independent Living to present
disability awareness training to all City
Employees, presented and read. Council
Member Voetberg moved that the
communication be received and filed and
approved the Agreement. Seconded by
Council Member Buol. Motion carried 7-0.
Zoning Advisory Commission advising of
Regular Session, February 17, 1997
their approval of final plat on Cedar Cross
Road, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays—None. Abstain—Mayor Duggan.
RESOLUTION NO. 69-97
RESOLUTION APPROVING THE FINAL
PLAT OF CEDAR RIDGE FARM PLACE
NO. 2, IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
clerk a final plat of Cedar Ridge Farm Place
No. 2, in the City of Dubuque, Iowa; and
Whereas, said plat dedicates Lot A to the
City of Dubuque as public right-of-way for the
existing Cedar Cross Road; and
Whereas, said plat provides 0 feet of
frontage on Lot 1 where 60 feet of frontage is
required by Section 3-1.1(F) of the Zoning
Ordinance; and
Whereas, said plat has been examined by
the Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and ordinances
relating to it, except as noted above and that
no streets or public utilities have yet been
constructed or installed.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, , IOWA:
Section 1. That the dedication of Lot A as
it appears upon said final plat be and the same
is hereby accepted; and
Section 2. That Section 3-1.1(F) of the
Zoning Ordinance is waived to allow Lot 1 to
have 0 feet of frontage where 60 feet of
frontage is required; and
Section 3. That the final plat of Cedar
Ridge Farm Place No. 2, in the City of
Dubuque is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owner of said property herein named,
execute their written acceptance.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Vottb igPIAA$ B'DFe.
RESOLUTION NO. 69-97
I, the undersigned, Julian G. Nemmers,
General Partner of Cedar Ridge Farm Limited
Partnership, having read the terms and
conditions of the Resolution No. 69-97 and
being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 25th day of
February, 1997.
By /s/ Julian G. Nemmers
General Partner of Cedar Ridge Farm
Limited Partnership
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays—None. Abstain—Mayor Duggan.
Zoning Advisory Commission advising of
their approval on proposed change to the
Clarke College Campus Master Plan with the
condition that only one access be provided
onto Clarke Drive, presented and read.
Patrick & Patricia Kennedy requesting
annexation of additional property located in
Cedar Ridge Acres, near Nightengale Lane,
presented and read. Council Member
Voetberg moved that this matter be referred to
City Manager and staff. Seconded by Council
Member Buol. Motion carried 7-0.
Dean Rampson requesting additional
ordinance restriction regarding the Dog
Ordinance, presented and read. Council
Member Voetberg moved that this matter be
referred to City Manager. Seconded by
Council Member Buol. Motion carried 7-0.
Chicago Central and Pacific Railroad
Company submitting their comments
regarding annexation of their property as part
of Site "B" voluntary annexation, presented
and read. Council Member Voetberg moved
that the communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
City Manager recommending Dubuque
Bank & Trust be selected to service
Community Development Loan, presented and
read. Council Member Voetberg moved that
the communication be received and filed and
approved selection. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 70-97
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
Kids World Pizza PI Kids World Pizza PI
/Fun Cnt+(Sunday Sales) 3033 Asbury
George Stephenson Bunker Hill Golf
+(Sunday & Outdoor) 2200 Bunker Hill
CLASS "C" BEER PERMIT
Lee Potter Sr. West Locust Mart
+(Sunday Sales) 408 W. Locust
TFM Co. Oky Doky # 2
Regular Session, February 17, 1997
+(Sunday Sales) 51 W 32nd St.
Hill Street Plaza Oky Doky #8
+( Sunday Sales) 535 Hill St.
CLASS "BE" BEER PERMIT
Nash -Finch Co. Econofoods #471
+(Sunday Sales) 3355 JFK Rd.
Passed, approved and adopted this 17th
day February of 1997.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 71-97
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, , IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Liquor License.
CLASS "C (COMMERCIAL) BEER
& LIQUOR LICENSE
Steve Ankeny Apt Ltd. Dubuque Mining Co.
.+(Sunday Sales) 555 JFK Rd.
Town Clock Inn Inc.
Town Clock Inn 799 Town Clock Plz.
Passed, approved and adopted this 17th
day of February 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
BOARDS AND COMMISSIONS:
BUILDING CODE BOARD OF APPEALS
The following applicant was invited to
address the Council express his desire to
serve on the Board of Appeals - Building Code
- Ronald Johns. Mr. Johns spoke.
COMMUNITY DEVELOPMENT
COMMISSION - Census Tract # 1 -
Applicant Bill Daugherty and At -Large -
Applicants: Thomas Kirsch and Thomas
Wainwright.
CENSUS TRACT #1
Council Member Voetberg moved that Bill
Daugherty be reappointed to fill the Census
Tract #1 three-year term on the Community
Development Commission, which term will
expire 2-15-2000. Seconded by Council
Member Robbins. Motion carried 7-0.
AT LARGE POSITION:
Vote on the appointment was as follows:
Mayor Duggan voted for Kirsch. Council
Member Buol voted for Wainwright. Council
Member Krieg voted for Kirsch. Council
Member Michalski voted for Wainwright.
Council Member Nicholson voted for Kirsch.
Council Member Robbins voted for
Wainwright. Council Member Voetberg voted
for Wainwright. Therefore, Thomas C.
Wainwright reappointed to fill the At Large
three-year term on the Community
Development Commission, which term will
expire 2-15-2000.
Council Member Voetberg moved to
suspend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Nicholson.
Motion carried 7-0.
PUBLIC HEARING DEFERRED FROM
MEETING OF 1-6-97 -
An Ordinance Amending Zoning Map by
reclassifying property located South of Asbury
Road and West of Northwest Arterial from AG
Agricultural District to C-3 General
Commercial district, with conditions ( the first
and second readings were given on 12-16-96),
now presented for further action.
Mike Remake) spoke requesting rezoning.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 15-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
SOUTH OF ASBU RY ROAD AND WEST OF
THE NORTHWEST ARTERIAL FROM AG
AGRICULTURAL DISTRICT TO C-3
GENERAL COMMERCIAL DISTRICT, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by
reclassifying the hereinafter described
property from AG Agricultural District to C-3
General Commercial District, with conditions,
to wit:
A portion of Lot 2 of 2 of 3 of the NE 1/4 of
the NE 1/4 of Section 20, T89N, R2E, 5th
Principal Meridian, Dubuque County, Iowa,
more particularly described as follows:
Beginning at the southwest corner of Lot 1
oft of of the NE 1/4 of the NE 1/4 of said
Section 20;
thence westerly along the extension of the
south line said Lot 1 of 2 of 3 278 feet,
more or less, to a point of intersection with
the westerly line of said Lot 2 of 2 of 3;
thence northerly along said westerly line
228.5 feet, more or less, to a point of
intersection with the southerly right-of-way
line of Asbury Road;
thence easterly along said right-of-way line
278 feet, more or less, to a point of
intersection with the westerly line of said
Lot 1 of 2 of 3 extended northerly;
thence southerly along said westerly line
228.53 feet to the point of beginning,
containing 1.46 acres, more or less.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Regular Session, February 17, 1997
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE NO. 15-
97
I, William J. Holliday, representing QHQ
Properties, having read the terms and
conditions of the foregoing Ordinance No. 15-
97 and being familiar with the conditions
thereof, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 29th day of
January, 1997.
By /s/ William J. Holliday, QHQ Properties
Published officially in the Telegraph Herald
newspaper this 24th day of February, 1997.
1t 5/24 Mary A. Davis CMC, City Clerk
Council Member Buol moved final
consideration and passage of the Ordinance.
Seconded by Council Member Robbins.
Motion carried 7-0.
PUBLIC HEARING on an Ordinance
Amending Zoning Ordinance providing for the
amendment of Ordinance No. 70-91, which
adopted regulations for the Windsor Park
Institutional District, said Ordinance having
been presented and read at the Council
Meeting of 1-20-97, presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 16-97
AN ORDINANCE AMENDING THE ZONING
ORDINANCE (APPENDIX A) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE , IOWA PROVIDING FOR THE
AMENDMENT OF ORDINANCE 70-91,
WHICH ADOPTED REGULATIONS FOR
THE WINDSOR PARK INSTITUTIONAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That in order to accomplish the
purpose of the ID Institutional District of the
Zoning Ordinance (Appendix A) of the Code of
Ordinances of the City of Dubuque, Iowa, the
Zoning Ordinance and Ordinance 70-91,
which adopted regulations for the Windsor
Park Institutional District, are hereby amended
for the following described property, to wit:
Lot 6 of Stonehill Community Subdivision
No. 1 and to the center line of the adjoining
public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. That in order to accomplish the
purposes of the ID Institutional District and of
the Zoning Ordinance, the property described
above is subject to the following conditions
and restrictions:
A. Use Regulations.
The following regulations shall apply to all
uses made of land in the above described
ID Institutional District:
1) Principal permitted uses shall be limited to
a single, multi -family building containing a
maximum 80 apartment units for the elderly
[3] and general offices for social and
human services related to elderly,
handicapped, or low income persons.
2) Accessory uses: The following uses shall
be permitted as accessory uses in the
above described ID Institutional District
provided the uses are located entirely within
the principal building except detached
garages for residents' vehicles can be
constructed outside the principal building
subject to Section 4-4, Site Plan Review
Provisions:
a) Medical office/clinic [36]
b) Personal services [14]
c) Barber and beauty shops [16]
d) Drug store/health care supplies [17]
e) Laundry/dry cleaner [19]
f) Laundromat [22]
g) Grocery store [17]
h) Restaurants or cafeterias: flower shops;
gift shops; candy, cigar or magazine
stands [17]
I) Churches [7]
j) All of the uses customarily incidental to the
principal permitted use in conjunction with
such accessory use is operated or
maintained, but not to include commercial
uses outside the principal building.
k) Serving of beer, wine, and alcoholic
beverages on the premises of a limited
nature as an accessory use to a restaurant.
B. Lot and Bulk Regulations.
Maximum Lot Coverage = 50%
Minimum Front Yard Setback = 25 feet
Minimum Side Yard Setback = 10 feet plus
one foot for each floor above the first floor.
C. Parking Requirement
The off-street parking requirements for the
principal permitted uses and accessory
uses for the hereinabove described ID
Institutional District shall be designated by
the bracket enclosed number next to the
use, as described in Section 4-2.7 of the
Zoning Ordinance of the City of Dubuque,
Iowa.
D. Transfer of Ownership
Transfer of ownership or lease of property
in this ID Institutional District shall include
in the transfer or lease agreement a
provision that the purchaser or lessee
acknowledges awareness of the conditions
authorizing the establishment of the district.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 16-97
We, Gary and George Kennedy, property
owner(s), having read the terms and
conditions of the foregoing Ordinance No. 16-
97 and being familiar with the conditions
thereof, hereby accept the same and agree to
the conditions required therein.
Dated this 8th day of February, 1997.
By /s/ Gary Kennedy
By /s/ George Kennedy
Published officially in the Telegraph Herald
Regular Session, February 17, 1997
newspaper this 24th day of February, 1997.
1t 2/24 Mary A. Davis CMC, City Clerk
Council Member Robbins moved final
consideration and passage of the Ordinance.
Seconded by Council Member Nicholson.
Motion carried 7-0.
RESOLUTION NO. 72-97
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of January,
1997, plans, specifications, form of contract
and estimated cost were filed with the City
Clerk of Dubuque, Iowa for the Alley between
Rhomberg and Garfield from Hamilton to
Marshall Sanitary Sewer Reconstruction.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—Council Member Voetberg.
City Manager recommending to award
contract for project, presented and read.
Council Member Buol moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins.
Nays—Council Member Voetberg.
RESOLUTION NO. 73-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Alley Sanitary
Sewer Reconstruction between Rhomberg
and Garfield from Hamilton to Marshall
pursuant to Resolution No. 51-97 and notice
to bidders published in a newspaper published
in the City of Dubuque, Iowa on the 24th day
of January, 1997.
Whereas, said sealed proposals were
opened and read on the 6th day of February,
1997 and it has been determined that the bid
of Sproule Construction of Galena, Illinois in
the amount of $76,407.72 was the lowest bid
for the furnishings of all labor and materials
and performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Sproule
Construction and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins.
Nays—Council Member Voetberg.
Representatives from American Cancer
Association, American Heart Association and
American Lung Association requesting
Council support reversal of State preemption
of local tobacco ordinances, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 74-97
A RESOLUTION SUPPORTING THE
REVERSAL OF STATE PREEMPTION OF
LOCAL TOBACCO -RELATED
ORDINANCES
Whereas, tobacco -related diseases are the
number one preventable cause of death in this
country, killing over 4,800 Iowans every year -
more than AIDS, accidents, pneumonia,
suicide, and diabetes combined and;
Whereas, the economic cost of tobacco -
related death and disease in Iowa due to
health care expenses, lost income and lost
productivity is over $300 million per year;
Whereas, secondhand smoke includes
more than 4,000 chemical compounds of
which 43 are known to cause cancer in
humans or animals and that persons exposed
to secondhand smoke have in their body
significant amounts of nicotine, carbon
monoxide, and other evidence of exposure to
secondhand smoke;
Whereas, nonsmokers exposed to cigarette
smoke in the workplace are 34% more likely to
develop lung cancer and 30% more likely to
develop heart disease;
Whereas, secondhand smoke increases
the number and severity of asthma attacks
and lower respiratory tract infections in
children, resulting in 15,000 hospitalizations of
children nationwide each year;
Whereas, at least 70% of nicotine
addictions begin in childhood or adolescence
and that nationwide, over 3,000 children begin
smoking every day;
Whereas, over one billion packs of
cigarettes are illegally sold to children in this
country every year;
Whereas, tobacco is recognized as a
"gateway drug" leading to use of other
dangerous drugs;
Whereas, a recent health foundation poll
Regular Session, February 17, 1997
indicates that most Americans of both major
political parties want more, not less
govemment action when it comes to protecting
children from tobacco;
Whereas, the tobacco industry, using
profit -motivated tactics to suppress,
manipulate and distort the scientific record,
has exercised strong influence over public
policy at the national and state levels;
Whereas, the recent proposals by the U.S.
Food and Drug Administration for reducing
teenage addiction to tobacco products are
expected to take years to implement and do
not address licensing of tobacco vendors or
other areas of public policy believed to be best
implemented and enforced by state and local
governments;
Whereas, many cities and towns
nationwide have greatly reduced the incidence
of nicotine addiction among the young people
in their communities by enacting and enforcing
local ordinances and that local action often
results in heightened public awareness and
commitment;
Whereas, a report released in December
1994 by a national Working Group of 25 state
attorneys general stated that it is imperative
that state laws not preempt local ordinances
but rather set a "floor" of minimum
requirements, while allowing for local
ordinances that create a higher lever of
protection;
Whereas, the American Public Health
Association, The American Medical
Association, the American Cancer Society, the
American Heart Association, the American
Lung Association, the Institute of Medicine
and many other organizations dedicated to
public health have declared that it is absolutely
critical that cities and towns have the power to
enact and enforce local tobacco -related
ordinances as they believe necessary.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Legislature
should enact legislation to reverse the
preemption language in the Iowa Code
returning the rights to communities to enact
and enforce tobacco -related ordinances if they
choose to do so.
Section 2. That other Iowa municipalities
are encouraged to adopt a similar resolution
as a show of support for the reversal of state
preemption of local tobacco ordinances.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager requesting approval from
Council for Floodwall Mural Project, presented
and read. Council Member Voetberg moved
that the communication be received and filed
and concurred with approval. Seconded by
Council Member Buol. Motion carried 7-0.
City Manager recommending approval of
final plat of portion of Tiffany Ridge Subd.,
presented and read. Council Member
Robbins moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Motion carried 7-0.
RESOLUTION NO. 75-97
A RESOLUTION APPROVING THE FINAL
PLAT OF LOTS 1 THROUGH 8 OF BLOCK
3 OF TIFFANY RIDGE SUBDIVISION IN
THE CITY OF DUBUQUE , IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lots 1 through 8 of Block
3 of Tiffany Ridge Subdivision in the City of
Dubuque, Iowa; and
Whereas, upon said final plat appear
existing streets known as Brueck Road and
Tiffany Court, together with certain public
utility easements which the owner by said final
plat has dedicated to the public forever; and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and has its approval endorsed thereon; and
Whereas, said final plat has been reviewed
by the City Planner and has her approval
endorsed thereon, subject to the owners
agreeing to the conditions noted in Section 2
below; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and ordinances
relating to it; and
Whereas, the City Council concurs in the
conditions of approval established by the
Zoning Advisory Commission and the City
Planner.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedications of
easements for public utilities as they appear
upon said final plat, be and the same are
hereby accepted; and
Section 2. That the plat of Lots 1 through
8 of Block 3 of Tiffany Ridge Subdivision is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa,
upon said final plat, provided the owner of said
property herein named, execute his written
acceptance hereto attached agreeing:
a. The owner of Lot 8 Block 3 of Tiffany Ridge
Subdivision shall be responsible for the
removal of the temporary turnaround
located thereon and construct a permanent
cul-de-sac or straight street section in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City
Engineer at such time when Lot 8 Block 3
is further developed or built upon;
b. To install storm sewers and catch basins in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer;
Regular Session, February 17, 1997
c. To construct said improvements, prior to
two (2) years from the date of acceptance
of this resolution, at the sole expense of the
owner, or future owners;
d. To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the
City of Dubuque, Iowa, at the sole expense
of the owner, or future owners;
And further provided that said Wayne
Briggs, Briggs Enterprises, Inc., as owner of
said property, shall secure the performance of
the foregoing conditions provided in this
Section by providing guarantees in such form
and with such sureties as may be acceptable
to the City Manager of the City of Dubuque,
Iowa.
Section 3. Sidewalk installation shall be the
responsibility of the owner of the property
abutting the public right-of-way, as required by
City Code 41-161 through 41-164. The
responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation will
not be required until the development of the lot
has been completed, except as required
herein. In sparsely developed subdivisions,
sidewalks on developed lots will not be
required until 50% of the lots approved by the
plat have been developed. All vacant lots shall
have sidewalks installed upon development of
80% of the lots approved by the plat.
Section 4. That the final acceptance of all
public improvements shall occur upon
certification of the City Engineer to the City
Council that all public improvements have
been completed in accordance with the
improvement plans and City standard
specifications and accepted by City Council
Resolution.
Section 5. That in the event Wayne Briggs,
Briggs Enterprises, Inc. shall fail to execute
the acceptance and furnish the guarantees
provided in Section 2 hereof within 180 days
after the date of this Resolution, the provisions
hereof shall be null and void and the
acceptance of the dedication and approval the
plat shall not be effective.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
City Manager recommending City acquire
property at 1133-1135 White Street,
presented and read. Council Member
Robbins moved that the communication be
received and filed. Seconded by Council
Member Krieg. Motion carried 7-0.
RESOLUTION NO. 76-97
RESOLUTION OF INTENT TO ACQUIRE
REAL ESTATE AT 1133-1135 WHITE
STREET IN THE CITY OF DUBUQUE .
SOUTH ONE-HALF (S1/2) OF THE MIDDLE
ONE-FIFTH (M1/5) OF OUT LOT 479 IN
THE CITY OF DUBUQUE , COUNTY OF
DUBUQUE , IOWA, ACCORDING TO THE
UNITED STATES COMMISSIONERS MAP.
Whereas, the City of Dubuque is
committed to enforcement of housing quality
standards and to the provision of assistance
toward the addition of housing units to the
City's inventory; and
Whereas, acquisition of suitable properties,
in specific instances, is an appropriate means
of achieving these goals.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque
hereby gives notice of its intent to acquire the
following legally described property from the
seller, Madonna M. Lucas:
South One-half (S1/2) of the Middle One-
fifth (M1/5) of Out Lot 479 in the City of
Dubuque, County of Dubuque, Iowa,
according to the recorded plat thereof.
at the cost of Ten Thousand Dollars ($10
000), subject to review and approval of a deed
conveying such property.
Section 2. That the City Manager is hereby
authorized and directed to purchase said
property, subject to the terms and conditions
of the offer.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Krieg. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice to Bidders of the Receipt
of Bids for the Kelly Lane Reconstruction
Project and City Manager recommending to
award contract for project. presented and
read. Council Member Krieg moved that the
proof and communication be received and
filed. Seconded by Council Member
Nicholson. Motion carried 7-0.
RESOLUTION NO. 77-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Kelly Lane
Reconstruction Project pursuant to Resolution
No. 42-97 and notice to bidders published in
a newspaper published in the City of
Dubuque, Iowa on the 31st day of October,
1996.
Whereas, said sealed proposals were
opened and read on the 4th day of February,
1997 and it has been determined that the bid
of Tschiggfrie Excavating of Dubuque, Iowa in
the amount of $1,767,898.27 was the lowest
bid for the furnishings of all labor and
materials and performing the work as provided
for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Tschiggfrie
Excavating and the Manager be and is hereby
directed to execute a contract on behalf of the
City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
Regular Session, February 17, 1997
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved that the
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
City Manager submitting resolutions
recommending approval of Urban
Revitalization Applications, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 78-97
RESOLUTION APPROVING RESIDENTIAL
PROPERTY TAX EXEMPTION
APPLICATIONS SUBMITTED BY
PROPERTY OWNERS IN RECOGNIZED
URBAN REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL OF
THE APPROVED APPLICATIONS TO THE
CITY TAX ASSESSOR
Whereas, the Urban Revitalization Act
allows cities to give property tax exemptions
for improvements made to properties in
designated revitalization areas; and
Whereas, the Urban Revitalization Act
requires property owners to submit a written
application for exemption by February 1st of
the assessment year for which the exemption
is first claimed, and further requires the City
Council to approve all applications that meet
the requirements of the adopted Urban
Revitalization Plan and forward the approved
applications to the City Assessor for review by
March 1st of each year; and
Whereas, pursuant to the requirements of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Cathedral Gardens, Jackson Park, Holy
Trinity, Washington Street, West 11th Street,
Windsor Park, Sacred Heart Place, and Upper
Main; and
Whereas, the City Clerk of the City of
Dubuque, as of February 1, 1997, received tax
exemption applications from the following
property owner for property located within the
established urban revitalization district:
Jackson Park Urban Revitalization District:
Lynn Lampe for improvements at 116 West
13th Street
Patricia Michel for improvements at 1389
Locust Street
Washington Street Urban Revitalization
District:
Rose Marie Gange Griesinger for
improvements at 1839 Washington Street
Sandra Megonigle for improvements at
1669 Washington Street
Penny Marie Tucker for improvements at
1571 Washington Street
Jeanette Turner for improvements at 1461
Jackson Street
West 11th Street Urban Revitalization
District:
Grace Carew for improvements at 1073
Spruce Street
Edward Carpenter for improvements at 959
Spruce Street
Anthony and Karen Clemen for
improvements at 1030 Grove Terrace
Susan Swift and Tim Ebeling for
improvements at 875 University Avenue
James and Sara Jurisic for improvements
at 642 Chestnut Street
William Felderman for improvements at
421 West 16th Street
James and Julie Gross for improvements at
1155 Grove Terrace
Donald Klostermann for improvements at
533-541 Loras Boulevard
Michelle Mihalakis for improvements at
1175 Bluff Street
Jeffrey and Janet Mozena for
improvements at 1207 Grove Terrace
Ronald and Jane Nemmers for
improvements at 1535 - 1537 Bluff Street
Dr. John and Mary Quinlan for
improvements at 1394 Locust Street
Douglas and Therese Spyrison for
improvements at 1295 Grove Terrace
Roger and Paula Stenlund for
improvements at 1295 Prairie Street
Upper Main Urban Revitalization District:
Paul and Cathie Kroft for improvements at
1130 Main Street
Mark Petitgoue for improvements at 1100
Main Street
TFM Company for improvements at 1110
Main Street
Whereas, the Community and Economic
Development Department and the Housing
Services Department have reviewed the above
described applications and inspected the
properties, and have determined that the
applications and the improvements conform to
all requirements of the City of Dubuque's
Urban Revitalization Plan.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
exemption applications meet the requirements
of the City of Dubuque's Urban Revitalization
Program.
Section 2. That the above described tax
exemption applications are hereby approved
by the City Council, subject to the review and
the approval of the City Assessor.
Section 3. That the City Clerk of the City of
Dubuque is hereby authorized to forward the
above described tax exemption applications to
the City Assessor.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Regular Session, February 17, 1997
RESOLUTION NO. 79-97
RESOLUTION APPROVING RESIDENTIAL
PROPERTY TAX EXEMPTION
APPLICATION SUBMITTED AFTER THE
LEGISLATED FILING DATE BY
PROPERTY OWNER IN A RECOGNIZED
URBAN REVITALIZATION AREA AND
AUTHORIZING THE TRANSMITTAL OF
THE APPROVED APPLICATION TO THE
CITY TAX ASSESSOR
Whereas, the Urban Revitalization Act, as
enacted by the 68th General Assembly of the
State of Iowa, allows cities to give property tax
exemptions for improvements made to
properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act
requires property owners to submit a written
application for exemption by February 1st of
the assessment year for which the exemption
is first claimed, yet provides for the
acceptance, by Resolution of the City Council,
of applications filed beyond the legislated
deadline; and
Whereas, the City Clerk of the City of
Dubuque received tax exemption applications
for improvements made in previous years from
the following property owners for properties
located within the established urban
revitalization district:
West 11th Street Urban Revitalization
District:
Edward and Shirley Carpenter for
improvements made at 959 Spruce Street
Gerald Wagner for improvements made at
1385 Cummins Court
Whereas, the Community and Economic
Development Department and the Housing
Services Department have reviewed the above
described application and inspected the
property, and have determined that the
application and the improvements conform to
all requirements of the City of Dubuque's
Urban Revitalization Plan and its policy
regarding the acceptance of late filings.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
exemption applications meet the requirements
of the City of Dubuque's Urban Revitalization
Program.
Section 2. That the above described tax
exemption application is hereby approved by
the City Council, subject to the review and the
approval of the City Assessor.
Section 3. That the City Clerk of the City of
Dubuque is hereby authorized to forward the
above described tax exemption application to
the City Assessor.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager requesting to approve the
selection of a design and engineering
consultant for development of the County
Farm Industrial area, presented and read.
Council Member Krieg moved that the
communication be received and filed and
approved recommendation for pre -purchase
investigative work as needed by April 1, 1997.
Seconded by Council Member Michalski.
Motion carried 7-0.
City Manager requesting condemnation for
land acquisition in Kerper Boulevard Economic
Development District, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 80-97
RESOLUTION AUTHORIZING INITIATION
OF EMINENT DOMAIN PROCEEDINGS TO
ACQUIRE LAND IN THE KERPER
BOULEVARD INDUSTRIAL PARK
ECONOMIC DEVELOPMENT DISTRICT.
Whereas, on August 15, 1994, the City
Council of the City of Dubuque, Iowa, adopted
an urban renewal plan for an area designated
as Kerper Boulevard Industrial Park Economic
Development District; and
Whereas, said plan includes as one of the
public purpose activities the acquisition of
property for private development or
redevelopment and incorporates a map which
indicates which properties within the district
will be acquired; and
Whereas, the City of Dubuque has been
negotiating with the property owner of record
of the property shown on the attached map
entitled Exhibit "A" for the acquisition of said
property to fulfill the objectives of the urban
renewal plan; and
Whereas, the City of Dubuque has been
unsuccessful after reasonable attempts in its
effort to purchase said property and finds and
determines that eminent domain proceedings
should be instituted to acquire said property as
authorized by the Iowa Urban Renewal Law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That eminent domain
proceedings be instituted forthwith by the City
of Dubuque, Iowa, for acquisition of the real
property as shown on Exhibit "A", and that the
Corporation Counsel be directed to institute
said eminent domain proceedings forthwith for
and on behalf of the City of Dubuque, Iowa.
Section 2. That the Corporation Counsel
be and is hereby directed and empowered to
do any and all things necessary and incidental
to said eminent domain proceedings.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Zoning Advisory Commission advising of
their denial to rezone property at 1005-1007-
1011 Rhomberg Avenue from R -2A to R-4
District and requesting concurrence from
Regular Session, February 17, 1997
Council, (Petitions constituting 72.5%
opposition from property owners has been
submitted), presented and read.
Council Member Michalski moved that the
communications be received and filed.
Seconded by Council Member Voetberg.
Motion carried 7-0.
An Ordinance reclassifying property
located at 1005-1007-1011 Rhomberg Avenue
from R -2A Alternate Two -Family Residential
District to R-4 Multi -Family Residential
District, presented and read. Council Member
Michalski moved that this Ordinance be set for
Public Hearing on 3-3-97 at 7:00 p.m. in the
Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed
by law. Seconded by Council Member
Voetberg. Motion carried 7-0.
Zoning Advisory Commission advising of
their approval to amend the Conceptual Plan
Amendment for 2000 University Avenue,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
An Ordinance amending Zoning Map
providing for the Amendment of Ordinance
No. 33-88 which adopted regulations for the
University of Dubuque Institutional District,
presented and read. Council Member
Voetberg moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by Council
Member Buol. Motion carried 7-0. Council
Member Voetberg moved that a Public
Hearing be held on the proposed Ordinance
on the 3rd day of March, 1997 at 7:00 p.m in
the Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed
by law. Seconded by Council Member Buol.
Motion carried 7-0.
Zoning Advisory Commission advising of
their approval providing for Text Amendment
of Zoning Ordinance to amend Section 7-1 on
required fees, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
An Ordinance Amending Zoning
Ordinance by repealing Section 7-1 and
adopting a new Section 7-1 in lieu thereof
pertaining to fees required, presented and
read. Council Member Voetberg moved that
the requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Buol. Motion
canied 7-0. Council Member Voetberg moved
that a Public Hearing be held on the proposed
Ordinance on the 3rd day of March, 1997 at
7:00 p.m. in the Public Library Auditorium and
that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Buol. Motion carried 7-0.
City Manager requesting to conduct public
hearing to dispose of real estate located at
553-561 Loras Blvd., presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 81-97
RESOLUTION OF INTENTION TO DISPOSE
OF CITY -OWNED PROPERTY,
SPECIFICALLY, LOT ONE (1) AND LOT
TWO (2) OF THE WEST ONE-HALF (W1/2))
OF LOT FIVE (5) YATES AND PICKETTS
IN THE CITY OF DUBUQUE , COUNTY OF
DUBUQUE , IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF, ALSO
KNOWN AS 553-561 LORAS
BOULEVARD.
Whereas, the City of Dubuque purchased
certain real estate from Michael J. and
Rebecca O'Rourke; and
Whereas, bids have been received from
members of the general public in response to
a solicitation to purchase.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the
following legally -described property:
Lot One (1) and Lot Two (2) of the West
One-half (W1/2) of Lot Five (5) Yates and
Picketts in the City of Dubuque, County of
Dubuque, Iowa, according to the recorded
plat thereof.
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the above
described real estate to Steven J. Gudenkauf
for the sum of Two Thousand One Hundred
Dollars ($2,100).
Section 3. That the City Council meet in
the Carnegie Stout Public Library Auditorium,
11th and Bluff Streets, Dubuque, Iowa, at 7:00
p.m. on the 3rd of March, 1997, for the
purpose of holding a public hearing and taking
final action on the disposition of the above
described real estate in the City of Dubuque,
Iowa.
Section 4. That the City Clerk be and she
is hereby authorized and directed to cause a
notice of such public hearing and the City
Council's intent to dispose of such property to
be published as prescribed under Iowa Code
Section 364.7.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
City Manager submitting bidding procedure
documents providing for Cedar Cross/Fremont
Intersection Reconstruction project, presented
and read. Council Member Buol moved that
the communication be received and filed.
Regular Session, February 17, 1997
Seconded by Council Member Voetberg.
Motion carried 7-0.
RESOLUTION NO. 82-97
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Cedar Cross/Fremont Intersection
Reconstruction Project, in the estimated
amount of $1,269,702.98, are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
RESOLUTION NO. 83-97
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Cedar
Cross/Fremont Intersection Reconstruction
Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 17th day of March, 1997, a
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twenty
days prior to the day fixed for its consideration.
At the hearing, any interested person may
appear and file objections to the proposed
plans, specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
RESOLUTION NO. 84-97
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council of
the City of Dubuque and are now on file in the
office of City Clerk showing among other
things the plans, specifications, form of
contract, estimated cost and preliminary plat
and schedule showing the amount proposed
to be assessed against each lot and the
valuation of each lot as filed by the City
Council, for the Cedar Cross/Fremont
Intersection Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements, and
unless property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
resolution of necessity, they shall be deemed
to have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed
and done in accordance with the plans and
specifications which have been approved by
the City Council and now on file with the City
Clerk. That the cost and expense of making
such improvement will be assessed partially or
totally against privately owned property lying
with the assessment limits, and in an amount
not to exceed that provided by law, and in
proportion to the special benefits conferred.
The portion of the cost which shall be
borne by the City will be paid from the Road
Use Tax Fund and special assessment bonds
may be issued in anticipation of deferred
payments of assessments when a contract
has been performed and accepted, and the
proceeds thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk this 17th day of February, 1997.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
RESOLUTION NO. 85-97
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
and form of contract and placed same on file
in the office of the City Clerk for public
inspection, for the Cedar Cross/Fremont
Intersection Reconstruction Project, and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City
Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 17th day of March, 1997, a
public hearing will be held at 7:00 o'clock p.m.
in the Public Library Auditorium in the City of
Dubuque at which time the owners of property
subject to assessment for the proposed
improvement or any other person having an
interest in the matter may appear and be heard
for or against the making of the improvement,
the boundaries of the district, the cost, the
Regular Session, February 17, 1997
assessment against any lot, or the final
adoption of a resolution of necessity and the
City Clerk be and is hereby authorized and
directed to cause a notice of time and place of
such hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be
not less than ten days prior to the day fixed for
its consideration. Unless property owners at
the time of the final consideration of this
proposed resolution have on file with the City
Clerk objections to the Resolution of Necessity
they shall be deemed to have waived all
objections thereto.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
RESOLUTION NO. 86-97
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, 1 to 2 inclusive,
are hereby determined to be the schedule of
proposed assessments for the Cedar
Cross/Fremont Intersection Reconstruction
Project and the valuations set out herein are
hereby approved.
Passed, approved and adopted this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
City Manager submitting bidding procedure
documents providing for Dubuque Greyhound
Park and Casino Reroofing project, presented
and read. Council Member Buol moved that
the communication be received and filed.
Seconded by Council Member Robbins.
Motion carried 7-0.
RESOLUTION NO. 87-97
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Dubuque Greyhound Park and Casino
Reroofing Project, in the estimated amount of
$41,000.00, are hereby approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
RESOLUTION NO. 88-97
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Dubuque
Greyhound Park and Casino Reroofing
Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, , IOWA:
That on the 17th day of March, 1997, a
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twenty
days prior to the day fixed for its consideration.
At the hearing, any interested person may
appear and file objections to the proposed
plans, specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
RESOLUTION NO. 89-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Dubuque Greyhound Park and
Casino Reroofing Project is hereby ordered to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more than
twenty days prior to the receipt of said bids at
2:00 p.m. on the 6th day of March, 1997. Bids
shall be opened and read by the City Clerk at
said time and will be submitted to the Council
for final action at 7:00 p.m. on the 17th day of
March, 1997.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Regular Session, February 17, 1997
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
City Manager submitting bidding procedure
documents providing for Dubuque Greyhound
Park and Casino Kennel Improvements,
presented and read. Council Member Buol
moved that the communication be received
and filed. Seconded by Council Member
Robbins. Motion carried 7-0.
RESOLUTION NO. 90-97
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Dubuque Greyhound Park and Casino
Kennel Improvements, in the estimated
amount of $118,075.00, are hereby approved
and ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
RESOLUTION NO. 91-97
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque , Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Dubuque
Greyhound Park and Casino Kennel
Improvements.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 17th day of March, 1997, a
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque , Iowa, which notice shall be
not less than four days nor more than twenty
days prior to the day fixed for its consideration.
At the hearing, any interested person may
appear and file objections to the proposed
plans, specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
RESOLUTION NO. 92-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE , IOWA:
That the Dubuque Greyhound Park and
Casino Kennel Improvements is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more than
twenty days prior to the receipt of said bids at
2:00 p.m. on the 6th day of March, 1997. Bids
shall be opened and read by the City Clerk at
said time and will be submitted to the Council
for final action at 7:00 p.m. on the 17th day of
March, 1997.
Passed, adopted and approved this 17th
day of February, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
Historic Preservation Commission
requesting to set a public hearing on the
petition to remove Walnut Street properties
from the W. 11th Street District Historic
District for May 5, 1997, presented and read.
Council Member Michalski moved that the
communication be received and filed and set
Public Hearing on May 5, 1997 at 7:00 p.m. in
the Public Library Auditorium and that the City
Clerk publish notice in the manner prescribed
by law. Seconded by Council Member Buol.
Motion carried 7-0.
Rick Dickinson spoke concerning the
selection of the firm for County Farm Industrial
Park Development and expressed appreciation
to Staff for their efforts.
There being no further business, Council
Member Nicholson moved to adjourn.
Seconded by Council Member Buol. Motion
carried 7-0. The meeting adjourned at 9:08
p.m.
Mary A. Davis CMC
City Clerk
Approved 1997
Adopted 1997
Mayor
Regular Session, February 17, 1997
Council Members
Attest:
City Clerk