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1997 April Council Proceedings Regular Session, April 7, 1997 Regulatory Commission of 3-19; Zoning Board DUBUQUE of Adjustment of 3-27, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by CITY COUNCIL Council Member Buol. Motion carried 7-0. Proof of Publication on publishing List of OFFICIAL Claims and Summary of Revenues for month PROCEEDINGS ending February 28, 1997; Proof of Publication on Publishing minutes of City Council of 3-3, 3-4 & 3-17; Publishing City Council, Regular Session, April 7, Resolution No. 105-97 establishing Zoning 1997 Service Fees, presented and read. Council Council met at 7:00 p.m., Public Library Member Voetberg moved that the proofs be Auditorium received and filed. Seconded by Council Present: Mayor Duggan, Council Members Member Buol. Motion carried 7-0. Buol, Krieg, Michalski, Nicholson Robbins, Voetberg, City Manager Michael Van Milligen, NOTICES OF CLAIMS/SUITS — Julie Assistant City Attorney James (Tim) O’Brien. Billmeyer in unknown amount for personal injuries; Jack Hasken with Eagle Window & Mayor Duggan read the call and stated this Door in the amount of $1500.00 for property is the Regular Session of the City Council damages; Horizon Development Group in the called for the purpose to act upon such amount of $300.00 for property damages; business which may properly come before the Stella Jochum in amount of $3000.00 for Council. sewer backup damages; Marylin Kennedy in amount of $182.68 for backed-up sewer Invocation was given by Rev. Gregory damages; Bill J. Merritt in amount of $1650.00 McMinn, Associate Pastor of Westminster for backed up sewer damages; SBM Presbyterian Church. Investment in amount of $777.76 for property damages; Valentine Partnership in amount of PROCLAMATIONS — Month of April as $944.64 for property damages; Steve Wirth in “Always Buckle Children in the Backseat” amount of $190.73 for vehicle damages, Month” received by Dubuque Optimists’ presented and read. Council Member representatives Carl McCarthy & Louie Voetberg moved that the claims and suits be Bassler; Month of April as “Fair Housing referred to the Legal Staff for investigation and Month” received by Mel Graves; April 10 as report. Seconded by Council Member Buol. “D.A.R.E. Day” received by Police Officer Motion carried 7-0. Steve Eastvedt; April 12 as “Multiple Sclerosis Walk Day” received by Sheri Schmidt; April 13Corporation Counsel advising settlement of - 19 as “Library Week” received by ActingCity of Dubuque vs. Estate of Debra Bartels Library Director Ann Straley and Library Boardand recommending approval, presented and of Trustees President Janet Marxen; April 26read. Council Member Voetberg moved that as “Community Wide Garage Sale Day”the communication be received and filed and received by David Klavitter and Adele Nicks;approved settlement. Seconded by Council May 9 & 10 as “Sertoma Candy Days” Member Buol. Motion carried 7-0. received by Harry Althaus; and a Proclamation Commending Clarke and Loras College HUD advising of their review of the city’s students for “Dubuque Hunger Cleanup” on audit report for period of July 1, 1995 through April 12, 1997 received by college June 30, 1996, presented and read. Council representatives. Member Voetberg moved that the communication be received and filed. City Manager Van Milligen announced the Seconded by Council Member Buol. Motion City Expo 97 Event. carried 7-0. YOUTH IN GOVERNMENT — Mayor HUD submitting follow-up of their Duggan swore in Youth Mayor Nate Beecher. consultation with the City held on 1-28-97, Youth Mayor Beecher swore in the Youth presented and read. Council Member Council Members Paul Kraus, Jon Burke, Voetberg moved that the communication be Josh Irvin, Jessica Hayes, Katie Prochaska, received and filed. Seconded by Council Emily Decker and Youth City Manager Justin Member Buol. Motion carried 7-0. Thiltgen and Youth Corporation Counsel Maureen Connolly and Youth City Clerk Katie Dubuque Golf & Country Club requesting Beadle. permission to display fireworks on July 4, 1997 at about 9:00 p.m. on their property, MINUTES SUBMITTED—Airport presented and read. Council Member Commission of 2-11, 2-20 & 3-11; Five Flags Voetberg moved that the request be approved Commission of 2-17; Library Board of subject to implementation by the City Trustees of 2-27; Long Range Planning Manager. Seconded by Council Member Advisory Commission of 3-19; Park & Buol. Motion carried 7-0. Recreation Commission of 3-11; TV Regular Session, April 7, 1997 William Nolan advising of his resignationOlympic Heights Sanitary Sewer and Water from Transit Board effective immediatelyMain Extension Project, presented and read. (dated March 26, 1997), presented and read.Council Member Voetberg moved that the Council Member Voetberg moved that thecommunication be received and filed. communication be received and filed andSeconded by Council Member Buol. Motion resignation accepted with regret. Secondedcarried 7-0. by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 131-97 ACCEPTING IMPROVEMENT Mary Schumacher requesting that CedarWhereas, the contract for the Olympic Cross Road and Center Grove Road isHeights Sanitary Sewer and Watermain included in the study to install sidewalks,Extension has been completed and the City presented and read. Council MemberManager has examined the work and filed his Voetberg moved that the request be referredcertificate stating that the same has been to the City Manager. Seconded by Councilcompleted according to the terms of the Member Buol. Motion carried 7-0. contract, plans and specifications and recommends it acceptance. City Manager certifying population of anyNOW THEREFORE, BE IT RESOLVED areas annexed to the City since 1990,BY THE CITY COUNCIL OF THE CITY OF presented and read. Council MemberDUBUQUE, IOWA: Voetberg moved that the communication beSection 1. That the recommendation of the received and filed. Seconded by CouncilCity Manager be approved and that said Member Buol. Motion carried 7-0. improvement be and the same is hereby accepted. City Manager recommending approval ofBE IT FURTHER RESOLVED that the City “Family Self-Sufficiency Coordinator ProgramTreasurer be and he is hereby directed to pay Funding” from HUD, presented and read.to the contractor from the Sanitary Sewer Council Member Voetberg moved that theConstruction Fund and Water Depreciation communication be received and filed.Fund in amount equal to the amount of his Seconded by Council Member Buol. Motioncontract, less any retained percentage carried 7-0. provided for therein. Passed, approved and adopted this 7th day RESOLUTION NO. 130 -97of April, 1997. A RESOLUTION AUTHORIZING THETerrance M. Duggan, Mayor MAYOR TO EXECUTE A CONTRACT FORAttest: Mary A. Davis, City Clerk FAMILY SELF-SUFFICIENCYCouncil Member Voetberg moved adoption COORDINATOR PROGRAM FUNDINGof the Resolution. Seconded by Council Whereas, the US Department of HousingMember Buol. Motion carried 7-0. and Urban Development (HUD) has made an award of Family Self-Sufficiency ProgramRESOLUTION NO. 132-97 funds to the City, in the amount of $28,050;FINAL ESTIMATE and Whereas, the contract for the Olympic Whereas, these funds will be utilized by theHeights Sanitary Sewer and Watermain City to expand and complement the existingExtension has been completed and the City FSS Program for additional participatingEngineer has submitted his final estimate households, in the interest of promoting self-showing the cost thereof including the cost of sufficiency to families to independence fromestimates, notices and inspection and all the public assistance systems.miscellaneous costs; NOW, THEREFORE, BE IT RESOLVEDNOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFBY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:DUBUQUE, IOWA: Section 1.The Mayor is authorized andSection 1. That the cost of said directed to execute an Annual Contributionsimprovement is hereby determined to be Contract, with the US Department of Housing$572,003.59 and the said amount shall be and Urban Development, for participation inpaid from the Sanitary Sewer Construction the Family Self-Sufficiency CoordinatorFund and Water Depreciation Fund of the City Program, for Project No. IA087CEOFO1,of Dubuque, Iowa. Under Master Annual Contributions ContractSection 2. That $141,438.86 of the cost No. KC-9004-E, on behalf of the City ofthereof shall be assessable upon private Dubuque.property and $159,247.97 shall be paid from Section 2. This resolution shall takethe Sanitary Sewer Construction Fund. effect immediately.Passed, approved and adopted this 7th day Passed, approved and adopted this 7th dayof April, 1997. of April 1997.Terrance M. Duggan, Mayor Terrance M Duggan, MayorAttest: Mary A. Davis, City Clerk Attest: Mary A. Davis, City ClerkCouncil Member Voetberg moved adoption Council Member Voetberg moved adoptionof the Resolution. Seconded by Council of the Resolution. Seconded by CouncilMember Buol. Motion carried 7-0. Member Buol. Motion carried 7-0. RESOLUTION NO. 133-97 City Manager recommending acceptance ofA RESOLUTION ADOPTING THE FINAL Regular Session, April 7, 1997 ASSESSMENT SCHEDULE FORdate on July 1 of each year. Property owners OLYMPIC HEIGHTS SANITARY SEWERmay elect to pay any annual installments AND WATERMAIN EXTENSIONsemiannually in advance. INCLUDING CERTAIN INFORMATIONPassed, approved and adopted this 7th REQUIRED BY THE CODE OF IOWA,day of April, 1997. SPECIFICALLY, THE NUMBER OFTerrance M. Duggan, Mayor ANNUAL INSTALLMENTS INTO WHICHAttest: Mary A. Davis, City Clerk ASSESSMENTS ARE DIVIDED, THESCHEDULE OF VALUATION INTEREST ON ALL UNPAIDAND PROPOSED ASSESSMENTS INSTALLMENTS, THE TIME WHEN THEThe following schedule is hereby determined ASSESSMENTS ARE PAYABLE ANDto show each lot proposed to be assessed for DIRECTING THE CLERK TO CERTIFY THEthe improvement shown in the title together FINAL SCHEDULE AND TO PUBLISHwith the amount proposed to be assessed NOTICE THEREOF.against each lot and the valuations shown NOW THEREFORE, BE IT RESOLVEDopposite each lot are hereby fixed as the true BY THE CITY COUNCIL OF THE CITY OFvaluations of such lots by the City Council of DUBUQUE, IOWA:the City of Dubuque. That after full consideration of the finalOWNER LOT DESCRIPTION schedule of assessments and accompanyingDEFICIENCY ASSESSMENT plat showing the assessments proposed to beTOTAL NET ASSESSMENT made for the construction of the OlympicOLYMPIC HEIGHTS- BLOCK ONE Heights Sanitary Sewer and WatermainSchmitz, Ronald W. & Sandra J. Extension under contract with TschiggfrieLot 1104.38$3,351.46 Excavating of Dubuque, Iowa, which final platGoerdt, Robert Jr. & Doreen M. and schedule were filed in the office of theLot 2$3,455.84 City Clerk on the 4th day of April, 1997, theBoffeli, Thomas J. & Bernice F. said schedule of assessments be and theLot 3$3,455.84 same is hereby approved and adopted.Boffeli, Thomas J. & Bernice F. That there be, and is hereby assessed andLot 4$239.38$3,216.46 levied as a special tax against and upon eachBrandel, John R. & Jane F. of the lots, the respective sums indicated.Lot 5$379.38$3,076.46 Provided, further, that the amounts shown inBrandel, John R. & Jane F. said final schedule of assessments asLot 6$3,455.84 deficiencies are found to be proper and leviedSweeney, John F. & Diane L. conditionally against the respective propertiesLot 7$3,455.84 benefitted by the improvements as shown inSweeney, John F. & Diane L. the schedule, subject to the provisions ofLot 8$379.38$3,076.46 Section 384.63 of the Code of Iowa. SaidEhrlich, Vincent C. & Diane K. assessments against said lots are herebyLot 9$3.477.26 declared to be in proportion to the specialSE 1/4, SW 1/4, SECTION 11 benefits conferred and not in excess ofRogers, Richard W. & Linda J. twenty-five percent of the value of same.Lot 1-1-2-1-1-1-1-1-1 That the City Clerk be and is hereby$1,577.34$2,742.45 directed to certify said schedule to the CountyRogers, Richard W. & Linda J. Treasurer of Dubuque County, Iowa, and toLot 1-1-2-1-1-1-1-1-1-1-1-1-1$4,319.79 publish notice of said certification once eachScott, Roger A. & Terry L. week for two consecutive weeks in the mannerLot 2-2-1-1-1-1-1-1-1-1-1-1$4,315.65 provided in Section 362.3, the first publicationLaughlin, Mae L. of which shall be not more than fifteen daysLot 1-2-2-1-1-1-1-1-1-1-1-1$4,319.79 from the date of filing of the final schedule.Ehrlich, Paul J. & Bernice I. On or before the date of the secondLot 2-2-2-1-1-1-1-1-1-1-1-1 publication of the notice, the City Clerk shall$1,513.42$777.80 also mail a copy of said notice to propertySmyth, Michael F. & Sandra L. owners whose property is subject toLot 2-1-2-1-1-1-1-1-1-1-1-1$3,801.42 assessment, as provided and directed inSmyth, Michael F. & Sandra L. Section 384.60 of the Code of Iowa.Lot 1-1-2-1-1-1-1-1-1-1-1-1 That assessments may be paid in full or in $1,407.71$2,399.24 part without interest at the office of the CountyKlostermann, Raymond L. & Irene K. Treasurer, at any time within 30 days after theLot 2-2-1-1-1-1-1-1$3,455.84 date of the first publication of this notice of theSchueller, David L. & Nancy L. filing of the final schedule of assessmentsLot 2-2-1-1-1-1$3,455.84 with the County Treasurer. After 30 daysEhrlich, Charles M. & Lois J. unpaid assessments of $50.00 or more areLot 2-1-2-1-1-1-1$3,455.84 payable in 10 annual installments and willEhrlich, Charles M.& Lois J. draw annual interest at 9 percentLot 1-1-2-1-1-1-1$3,457.91 (commencing on the date of acceptance of theEhrlich, Charles M.& Lois J. work) computed to the December 1 nextLot 2-1-1-1-1-1-1-1 following the due dates of the respective$1,573.06$2,604.35 installments as provided in Section 384.65 ofClauer, Dennis O. & Donna J. the Code of Iowa. Each installment will beLot 1-1-1-1-2-1$4,411.72 delinquent from October 1 following its dueClauer, Dennis O. & Donna J. Regular Session, April 7, 1997 Lot 2-1-1-1-2-1 & 1-1-2-1-2-1Health has offered to provide financial support $5,315.77for local AIDS Programs in the City of BIEDERMAN PLACEDubuque; and Weber, Allen J. & Donna L. & MarvinWhereas, the City of Dubuque desires to E.. & Ardella A.establish and maintain such local AIDS Lot 1(W 150' only)Programs; and $3,672.81$1,510.94Whereas, the Iowa Department of Public Biederman, WilliamHealth has presented the City Health Services Lot 2$4,319.79Department a proposed contract for funding, SE 1/4 SW 1/4 SECTION 11a copy of which is attached hereto. Woller, Frances M.NOW, THEREFORE, BE IT RESOLVED Lot 2-1-2-1-2-1 & 1-2-2-2-1$3,129.26BY THE CITY COUNCIL OF THE CITY OF Woller, Frances M.DUBUQUE, IOWA: Lot 1-1-2-2-1- (W 150' only)Section 1. That the City of Dubuque, Iowa, $2,417.81$2,765.94hereby approves the attached AIDS coalition Koob, Richard E. & Grace K.contract between the Iowa Department of Lot 1-1-2-1-1 (E 150' only)Public Health and the City of Dubuque, Iowa. $5,183.75Section 2. That the City Manager or his Nauman, Herman J. & Marjoriedesignee is hereby authorized and directed to Lot 2-1-1-1-1-1-1-1-2execute said contracts on behalf of the City of (W 150' only)$5,183.75Dubuque, Iowa. SW 1/4, SE 1/4, SECTION 11Passed, approved and adopted this 7th day Takes, Robert C. & Rita J.of April, 1997. Lot 2-1-1-1-1-2 & 2-1-1-1-2Terrance M. Duggan, Mayor (E 150' only)$5,183.75Attest: Mary A. Davis, City Clerk Sharkey, Gary L.Lot 2-2-1-1-1-1-1-1-2 Council Member Voetberg moved $1,619.38$1,836.45adoption of the Resolution. Seconded by Sharkey, Gary L.Lot 1-2-1-1-1-1-1-1-2Council Member Buol. Motion carried 7-0. $1,538.42$1.909.46 OAKWOOD SUBDIVISIONCity Manager recommending approval of Hense, KennethLot 2-1 (E 150' only) &Dubuque Racing Association to prepay 1997 Lot 2-1-1$5,183.75principal due on their loan, presented and HAWKEYE HEIGHTSread. Council Member Voetberg moved that Nauman, Herman Jr. & Marjorie M.the communication be received and filed and Lot 2-1-2-1-1$2,145.31$3,038.44approved. Seconded by Council Member Nauman, Herman Jr. & Marjorie M.Buol. Motion carried 7-0. Lot 1-1-1-2-1-1 (E 150' only) $1,697.81$3,485.94City Manager recommending approval to Sharkey, Gary L.install monitoring wells on City right-of-way on Lot 2$3,982.15Dodge Street & Bluff Street to monitor at Benson, William R. & Theresanortheast corner of Dodge & Bluff Streets, Lot 1-1-1-1-1-1$4,300.09presented and read. Council Member Link, William J. & Jean A.Voetberg moved that the communication be Lot 2-1-1-1-1-1$3,455.x84received and filed. Seconded by Council Frommelt, Bruce E. & Theresa M.Member Buol. Motion carried 7-0. Lot 2-1-1-1-1 (W 150' only) $2,252.81$2,930.94RESOLUTION NO. 135-97 Thatcher, Michael S.& Diane L.RESOLUTION AUTHORIZING LICENSE Lot 2-1-1-1 (W 150' only)AGREEMENT BETWEEN THE CITY OF $5,183.75DUBUQUE, IOWA AND MIDAMERICAN TOTAL$22,518.40$141,438.86ENERGY TO INSTALL MONITORING Council Member Voetberg moved adoptionWELLS ON PUBLIC RIGHT-OF-WAY IN of the Resolution. Seconded by CouncilTHE VICINITY OF 351 DODGE STREET Member Buol. Motion carried 7-0. Whereas, MidAmerican Energy has requested permission from the City of City Manager recommending approval ofDubuque to install monitoring wells on City annual contract with Iowa Department ofright-of-way of Dodge Street and Bluff Street, Public Health for funding Local AIDS program,for the purpose of assessing groundwater presented and read. Council Memberconditions relating to coal tar contamination at Voetberg moved that the communication bethe northeast corner of this intersection; and received and filed. Seconded by CouncilWhereas, a License Agreement Right-Of- Member Buol. Motion carried 7-0. Entry For Site Assessment has been prepared outlining the responsibilities of MidAmerican RESOLUTION 134-97Energy in the installation of monitoring wells A RESOLUTION AUTHORIZING THE CITYon the public right-of-way; and MANAGER OR HIS DESIGNEE TO SIGN AWhereas, the performance of the activities CONTRACT WITH THE IOWAof MidAmerican Energy will be at no cost or DEPARTMENT OF PUBLIC HEALTH FORexpense to the City and all work will be FUNDING A LOCAL AIDS COALITIONperformed by the Licensee MidAmerican PROGRAM.Energy, or its employees, agents or Whereas, the Iowa Department of Publicsubcontractor; and Regular Session, April 7, 1997 Whereas, it is the desire of the City CouncilWhereas, applications for Liquor Licenses to enter into said License Agreement for thehave been submitted to this Council for installation of monitoring wells in the publicapproval and the same have been examined right-of-way as requested.and approved; and NOW, THEREFORE, BE IT RESOLVED Whereas, the premises to be occupied by BY THE CITY COUNCIL OF THE CITY OFsuch applicants were inspected and found to DUBUQUE, IOWA:comply with the State Laws and all City Section 1. That the License AgreementOrdinances relevant thereto and they have For Right-Of-Entry For Site Assessment befiled proper bonds. and the same is hereby approved.NOW, THEREFORE, BE IT RESOLVED Section 2. The Mayor be and is herebyBY THE CITY COUNCIL OF THE CITY OF authorized to execute said License AgreementDUBUQUE, IOWA: for and on behalf of the City Council.That the Manager be authorized to cause to Passed, approved and adopted this 7th daybe issued the following named applicants a of April, 1997.Liquor License. Terrance M. Duggan, Mayor CLASS A (CLUB) Attest: Mary A. Davis, City ClerkLIQUOR/BEER LICENSE Council Member Voetberg moved adoptionLoyal Order Of Moose #355 of the Resolution. Seconded by CouncilLoyal Order of Moose Member Buol. Motion carried 7-0. +(Sunday Sales)1166 Main St. CLASS "C" (COMMERCIAL) Upper Mississippi River System submittingBEER & LIQUOR LICENSE their Environmental Management ProgramPerron Enterp.Fat Tuesday’s background, presented and read. Council1121 University Member Voetberg moved that theMarco’s Inc.Marco’s communication be received and filed.2022 Central Seconded by Council Member Buol. MotionNeighbor’s Inc.Neighbor’s Tap carried 7-0. 1899 Rockdale Harold & Nancy BirchSassy’s City Manager submitting information on3203 Jackson St. Juvenile Curfew, presented and read. CouncilJeannie A KerschIdle Hour Member Voetberg moved that the +(Sunday Sales)1555 Central communication be received and filed.Central Tap Inc.Central Tap Seconded by Council Member Buol. Motion +(Sunday Sales)1046 Central carried 7-0. Mary Lou KampNoonan’s Tap +(Sunday Sales)1618 Central RESOLUTION NO. 136-97Aramark Educ. Serv.Loras College Campus Whereas, applications for Beer Permits +(Sunday Sl)1450 Alta Vista have been submitted and filed to this CouncilGreater Dbq Riverboat Ent.Dbq Diamond Jo for approval and the same have beenCasino Portside400 E 3rd St. examined and approved; and +Sunday Sales & Outdoor Serv) Whereas, the premises to be occupied byThe Yardarm Inc.Yardarm Restaurant/Bar1201 Shiras such applicants were inspected and found to+(Sunday Sales & Outdoor Serv) comply with the Ordinances of this City andChi-Chi, Inc.Chi-Chi, Inc. have filed proper bonds.(1 day Outdoor Serv)800 Wacker Dr. NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 7th day BY THE CITY COUNCIL OF THE CITY OFof April, 1997. DUBUQUE, IOWA:Terrance M. Duggan, Mayor That the Manager be authorized to cause toAttest: Mary A. Davis, City Clerk be issued the following named applicants aCouncil Member Voetberg moved adoption Beer Permit.of the Resolution. Seconded by Council CLASS “C” BEER PERMITMember Buol. Motion carried 7-0. Wareco Service Inc.Wareco # 662 +(Sunday Sales)700 Rhomberg Ave.Council Member Voetberg moved to CLASS“BE” BEER PERMITsuspend the rules to allow anyone present to address the Council if they so desire. Arcon, IncArby’s/C-StoreSeconded by Council Member Michalski. +(Sunday Sales)10 Main St.Motion carried 7-0. CLASS “B” BEER PERMIT (6-MONTH) JD BS & SW LTDMcAleece RecreationProofs of publication certified to by the Complex Conc.1 Admiral SheehyPublisher on Notice of Hearing on Plans and +(Sunday Sales & Outdoor Service)Specifications and Notice of Hearing to Passed, approved and adopted this 7th dayProperty Owners on Resolution of Necessity April, 1997.for Kelly Lane/Pego Court Sanitary Sewer Terrance M. Duggan, MayorExtension — Phase II, and Communications Attest: Mary A Davis, City Clerkof Jeff and Jane Walker and Geraldine J. and Council Member Voetberg moved adoptionLeo Westmark objecting to sewer project of the Resolution. Seconded by Councilassessment and the requirement to hook-up to Member Buol. Motion carried 7-0. sewer, presented and read. Council Member Voetberg moved that the proofs and RESOLUTION NO. 137-97communications be received and filed. Regular Session, April 7, 1997 Seconded by Council Member Buol. Motionrecommending to award contract for project, carried 7-0. presented and read. Council Member Voetberg moved that the proof and Melda Hoffmann of 1390 Kelly Lane spokecommunication be received and filed. requesting specific answers to various timeSeconded by Council Member Buol. Motion frames of the project. carried 7-0. RESOLUTION NO. 138-97RESOLUTION NO. 140-97 RESOLUTION ADOPTINGAWARDING CONTRACT PLANS AND SPECIFICATIONSWhereas, sealed proposals have been Whereas, on the 12th day of March, 1997,submitted by contractors for the Kelly plans, specifications, form of contract andLane/Pego Court Sanitary Sewer Extension - estimated cost were filed with the City Clerk ofPhase II pursuant to Resolution No. 128-97 Dubuque, Iowa for the Kelly Lane/Pego Courtand notice to bidders published in a Sanitary Sewer Extension - Phase II.newspaper published in the City of Dubuque, Whereas, notice of hearing on plans,Iowa on the 21st day of March, 1997. specifications, form of contract, and estimatedWhereas, said sealed proposals were cost was published as required by law.opened and read on the 27th day of March, NOW THEREFORE, BE IT RESOLVED1997 and it has been determined that the bid BY THE CITY COUNCIL OF THE CITY OFof Tschiggfrie Excavating of Dubuque, Iowa in DUBUQUE, IOWA:the amount of $140,834.22 was the lowest bid That the said plans, specifications, form offor the furnishings of all labor and materials contract and estimated cost are herebyand performing the work as provided for in the approved as the plans, specifications, form ofplans and specifications. contract and estimated cost for saidNOW THEREFORE, BE IT RESOLVED improvements for said project.BY THE CITY COUNCIL OF THE CITY OF Passed, adopted and approved this 7th dayDUBUQUE, IOWA: of April, 1997.That the contract for the above Terrance M. Duggan, Mayorimprovement be awarded to Tschiggfrie Attest: Mary A. Davis, City ClerkExcavating and the Manager be and is hereby Council Member Voetberg moved adoptiondirected to execute a contract on behalf of the of the Resolution. Seconded by CouncilCity of Dubuque for the complete performance Member Buol. Motion carried 7-0. of the work. BE IT FURTHER RESOLVED: RESOLUTION NO. 139-97That upon the signing of said contract and RESOLUTION WITH RESPECT TO THEthe approval of the contractor's bond, the City ADOPTION OF THE RESOLUTION OFTreasurer is authorized and instructed to NECESSITY PROPOSED FOR THE KELLYreturn the bid deposits of the unsuccessful LANE/PEGO COURT SANITARY SEWERbidders. EXTENSION - PHASE IIPassed, approved and adopted this 7th day Whereas, the City Council has proposed aof April, 1997. Resolution of Necessity for the KellyTerrance M. Duggan, Mayor Lane/Pego Court Sanitary Sewer Extension -Attest: Mary A. Davis, City Clerk Phase II, has given notice of the publicCouncil Member Voetberg moved adoption hearing thereon as required by law; andof the Resolution. Seconded by Council Whereas, the public hearing has been held,Member Buol. Motion carried 7-0. all persons offering objections have been heard and consideration given to all objectionsHearings on Assessment of License and is pending before this Council; andPenalties for Alcohol Violations — $300.00 Whereas, this is the time and place set asAssessment for TFM Company, d/b/a Oky provided for the taking of action on theDoky #6, 1256 Iowa St. and Iowa Oil Company proposed Resolution of Necessity.d/b/a IOCO Speede Shoppe #93, 3270 Dodge NOW THEREFORE, BE IT RESOLVEDSt.; 30 Day License Suspension for Molo Oil BY THE CITY COUNCIL OF THE CITY OFCompany d/b/a Big 10 Mart, 9th & Central DUBUQUE, IOWA:(2nd conviction within 2 years), presented and That the proposed Resolution of Necessityread. Council Member Voetberg moved that described above is hereby:they agree with the Police Chief’s Adopted, without amendment, and allrecommendation for assessments and objections filed or made having been dullysuspensions. Seconded by Council Member considered are overruled.Nicholson. Motion carried 7-0. Passed, adopted and approved this 7th day of April, 1997.Communication of Attorney Brendan Terrance M. Duggan, MayorQuann on behalf of Molo Oil Co., objecting to Attest: Mary A. Davis, City Clerkthe Police procedure used during the sting Council Member Voetberg moved adoptionoperation. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Hearing to reclassify Proof of publication certified to by theproperty at 624 N. Burden from R-1 to R-2 Publisher on Notice to Bidders on Receipt ofDistrict as requested by John Sanner Bids for project and City Manager(Approved by Zoning Advisory Commission), Regular Session, April 7, 1997 presented and read. Council Memberreclassifying property located at 3100 Brunskill Robbins moved that the proof be received andRoad from R-4 Multi-Family Residential filed. Seconded by Council MemberDistrict to PUD Planned Unit Development Nicholson. Motion carried 7-0. District with a PR Planned Residential District Designation and adopting a Conceptual An Ordinance Amending Zoning Map byDevelopment Plan, with Conditions, said reclassifying property located at 624 BurdenOrdinance having been presented and read at Street from R-1 Single-Family Residentialthe Council Meeting of 3-17-97, presented for District to R-2 Two-Family Residential District,further action. said Ordinance having been presented and read at the Council meeting of 3-17-97, now(OFFICIAL PUBLICATION) presented for further action. ORDINANCE NO. 24-97 (OFFICIAL PUBLICATION)AN ORDINANCE AMENDING APPENDIX A ORDINANCE NO. 23-97(THE ZONING ORDINANCE) OF THE CITY AN ORDINANCE AMENDING APPENDIX AOF DUBUQUE CODE OF ORDINANCES BY (THE ZONING ORDINANCE) OF THE CITYRECLASSIFYING HEREINAFTER OF DUBUQUE CODE OF ORDINANCES,DESCRIBED PROPERTY LOCATED AT BY RECLASSIFYING HEREINAFTER3100 BRUNSKILL ROAD FROM R-4 DESCRIBED PROPERTY LOCATED ATMULTI-FAMILY RESIDENTIAL DISTRICT 624 N. BURDEN STREET FROM R-1TO PUD PLANNED UNIT DEVELOPMENT SINGLE-FAMILY RESIDENTIAL DISTRICTDISTRICT WITH A PR PLANNED TO R-2 TWO-FAMILY RESIDENTIALRESIDENTIAL DISTRICT DESIGNATION DISTRICT.AND ADOPTING A CONCEPTUAL NOW, THEREFORE, BE IT ORDAINEDDEVELOPMENT PLAN, WITH BY THE CITY COUNCIL OF THE CITY OFCONDITIONS. DUBUQUE, IOWA:NOW, THEREFORE, BE IT ORDAINED Section 1. That Appendix A (the ZoningBY THE CITY COUNCIL OF THE CITY OF Ordinance) of the City of Dubuque Code ofDUBUQUE, IOWA: Ordinances is hereby amended bySection 1. Appendix A (the Zoning reclassifying the hereinafter describedOrdinance) of the City of Dubuque Code of property from R-1 Single-Family ResidentialOrdinances is hereby amended by District to R-2 Two-Family Residential District,reclassifying the hereinafter described to wit:property from R-4 Multi-Family Residential Lots 11 and 12 of Fischer’s Subdivision,District to PUD Planned Unit Development and Lot 2 of Bowden Place, and to theDistrict with a PR Planned Residential center line of the adjoining public right-of-designation and adopting a conceptual way, all in the City of Dubuque, Iowa.development plan, a copy of which is attached Section 2. The foregoing amendment hasto and made a part hereof, with conditions as heretofore been reviewed by the Zoningstated below, to wit: Advisory Commission of the City of Dubuque,Lot 2 of Lot 1 of Lot 1 of Bartels - Center Iowa.Grove Place and to the center line of the Section 3. This ordinance shall take effectadjoining public right-of-way, all in the City immediately upon publication, as provided byof Dubuque, Iowa. law.Section 2. Pursuant to Iowa Code Section Passed, approved and adopted this 7th day414.5 (1993), and as an express condition of of April, 1997.the reclassification, the undersigned property Terrance M. Duggan, Mayorowner(s) agree(s) to the following conditions, Attest: Mary A. Davis, City Clerkall of which the property owner(s) further Published officially in the Telegraph Heraldagree(s) are reasonable and imposed to satisfy the public needs that are caused newspaper this 17th day of April, 1997. directly by the zoning reclassification: 1t 4/17Mary A. Davis CMC, City Clerk A.Use Regulations. Council Member Robbins moved final The following regulations shall apply to all consideration and passage of the Ordinance. Seconded by Council Member Nicholson.uses made of land in the above described Motion carried 7-0. PUD District: 1)Principal permitted uses shall be limited to: Proof of publication certified to by thea) Mobile home park/subdivision. Publisher on Notice of Hearing to reclassify2)Accessory uses shall include any use property at 3100 Brunskill Road from R-4customarily incidental and subordinate to District to PUD District as requested by Larrythe principal use it serves. & Anne Kretz (Approved by Zoning AdvisoryB.Lot and Bulk Regulations. Commission), presented and read. CouncilDevelopment of land in the PUD District Member Voetberg moved that theshall be regulated as follows: communication be received and filed.1)All building structures and activities shall be located in conformance with the Seconded by Council Member Michalski. attached conceptual development plan and Motion carried 7-0. all final site development plans shall be approved in accordance with provisions of Larry Kretz spoke requesting approval with the PUD District regulations of this conditions. ordinance and of Section 3-5.5 of the Zoning Ordinance. An Ordinance Amending Zoning Map by Regular Session, April 7, 1997 2)Existing lots and mobile homes arevalid for a period of five (5) years provided grandfathered in terms of lot size anda final site development plan and/or a final setbacks.subdivision plat and improvement plans are 3)All new mobile homes shall be placed insubmitted within three (3) years from the accordance with the following lot and bulkdate of approval. regulations:G. Transfer of Ownership Minimum Lot Area in Square Feet: 3,600Transfer of ownership or lease of property square feetin this PUD District shall include in the Minimum Lot Frontage in Feet: 45 feettransfer or lease agreement a provision that Maximum Lot Coverage as a Percent of Lotthe purchaser or lessee acknowledges Area: 50%awareness of the conditions authorizing the Minimum Front Yard Setback: 5 feetestablishment of the district. Minimum Side Yard Setback in Feet: 6 feetH.Reclassification of Subject Property. Minimum Rear Yard Setback: 5 feetThe City of Dubuque, Iowa, may initiate Maximum Building Height: 20 feetzoning reclassification proceedings to the C.Performance Standards.R-4 District in accordance with Section 6 of The development and maintenance of usesthe Zoning Ordinance if the property in this PUD District shall be established inowner(s) fail(s) to complete or maintain any conformance with Section 3-5.5 of theof the conditions of this ordinance. Zoning Ordinance and the followingI.Modifications. standards:Any modifications of this Ordinance must 1)Existing driveways shall be paved to 20 feetbe approved by the City Council in wide and a connection will be madeaccordance with zoning reclassification between the upper and lower drives toproceedings of Section 6 of the Zoning create a circular drive.Ordinance. 2)A fire hydrant shall be installed in a locationJ.Recording. approved by the Fire Department.A copy of this ordinance shall be recorded 3)The water main serving the site shall beat the expense of the property owner(s) increased to 6 inches.with the Dubuque County Recorder as a 4)Storm water detention will be provided if itpermanent record of the conditions is required by the Engineering Division.accepted as part of this reclassification 5)The applicant must have an engineerapproval after the adoption of this inspect and certify that the retaining wallordinance. This ordinance shall be binding and fill are capable of supporting theupon the undersigned and his/her heirs, proposed mobile homes.successors and assigns. 6)Trailer skirts will be installed on all mobileSection 3. The foregoing amendment has homes in the park.heretofore been reviewed by the Zoning 7)A screening fence six (6) feet in height andCommission of the City of Dubuque, Iowa. 50% opacity shall be installed alongSection 4. The foregoing amendment shall Brunskill Road.take effect upon publication, as provided by 8)Landscaping shall be provided inlaw. compliance with Section 4.4 of the ZoningPassed, approved and adopted this 7th day Ordinance and as stipulated in theof April, 1997. conceptual development plan.Terrance M. Duggan, Mayor 9)Final site development plans shall beATTEST: Mary A. Davis, City Clerk submitted in accordance with Section 4-4ACCEPTANCE OF of the Zoning Ordinance prior toORDINANCE NO. 24-97 construction of each building or structureWe, Larry and Anne Kretz, property unless otherwise exempted by Section 4-4.owners, having read the terms and conditions 10)Parking requirements shall be 2of the foregoing Ordinance No. 24-97 and spaces for the new mobile homes withbeing familiar with the conditions thereof, the existing trailers grandfathered withhereby accept the same and agree to the their current configuration.conditions required therein. 11)Subdivision plats and improvementsDated this 7th day of April, 1997. plans shall be submitted inBy /s/ Larry Kretz accordance with Chapter 42 of theBy /s/ Anne Kretz City of Dubuque Code of Ordinances.Published officially in the Telegraph Herald D.Open Space and Recreational Areasnewspaper this 17th day of April, 1997. Those areas not designated on the1t 4/17Mary A. Davis CMC, City Clerk conceptual development plan forCouncil Member Voetberg moved final development shall be maintained as openconsideration and passage of the Ordinance. space, as defined by Section 8 of theSeconded by Council Member Michalski. Zoning Ordinance by the property ownerMotion carried 7-0. and/or association. E.Sign Regulations. Proof of publication certified to by the The sign regulations shall be or in Publisher on Notice of Hearing to amend accordance with the PUD District Conceptual Development Plan for property regulations as established in Section 4- located at Padre Pio Drive (3485 Windsor 3.11 of the Zoning Ordinance. Ave.) as requested by Stonehill Care Center F.Additional Standards. (approved by Zoning Advisory Commission), 1)The conceptual development plan shall be and Karl Kohnen submitting adjustments in Regular Session, April 7, 1997 Assisi Village Conceptual Plan, presented andapproved in accordance with provisions of read. Council Member Michalski moved thatthe PUD District regulations of this the proof and communication be received andordinance and of Section 3-5.5 of the filed. Seconded by Council Member Robbins.Zoning Ordinance. Motion carried 7-0. C.Performance Standards. The development and maintenance of uses Sr. Dolores Ullrich spoke of the requestedin this PUD District shall be established in changes. conformance with Section 3-5.5 of the Zoning Ordinance and the following An Ordinance Amending Zoning Ordinancestandards: to amend the Conceptual Development Plan1)The development shall be completed in two for property located at Padre Pio Drive, locatedphases. Phase I will include 35 congregate in a PUD Planned Unit Development Districtapartment units and 3 to 7 cottage units. with a PR Planned Residential Designation,Phase II will include 18 congregate said Ordinance having been presented andapartments and 18 to 22 cottages. read on 3-17-97, presented for further action.2)A 24-foot wide private drive with no on- street parking allowed and reviewed and (OFFICIAL PUBLICATION)approved by the City of Dubuque. ORDINANCE NO. 25-973)Lighting shall be provided per City AN ORDINANCE AMENDING APPENDIX Astandards. (THE ZONING ORDINANCE) OF THE CITY4)Landscaping shall be provided in OF DUBUQUE CODE OF ORDINANCES TOcompliance with Section 4.4 of the Zoning AMEND THE CONCEPTUALOrdinance and shall be installed in DEVELOPMENT PLAN FOR PROPERTYconjunction with completion of the units. LOCATED AT PADRE PIO DRIVE,Final site development plans must indicate LOCATED IN A PUD PLANNED UNITexact location and type of species to be DEVELOPMENT DISTRICT WITH A PRinstalled. PLANNED RESIDENTIAL DESIGNATION.5)Sidewalks shall be provided within the NOW, THEREFORE, BE IT ORDAINEDproposed development as shown on the BY THE CITY COUNCIL OF THE CITY OFattached conceptual plan, including DUBUQUE, IOWA:installation along the entrance drive to their Section 1. Appendix A (the Zoningproperty line. Ordinance) of the City of Dubuque Code of6)All utilities including telephone and cable Ordinances is hereby amended by amendingtelevision shall be installed underground. the PUD Planned Unit Development District7)Off-street parking spaces shall be provided with a PR Planned Residential designationbased on .5 spaces per congregate and Conceptual Development Plan forapartment unit and 2 spaces per cottage property located at Padre Pio Drive, a copy ofdwelling unit. which is attached to and made a part hereof,8)Final site development plans shall be with conditions as stated below, to wit:submitted in accordance with Section 4-4 Lot 1 of Lot 1 of Lot 3 and Lot 3 of Lot 1 ofof the Zoning Ordinance prior to Block 7 in Phase 1, all in the Stonehillconstruction of each building or structure Community Subdivision No. 1, and to theunless otherwise exempted by Section 4-4. center line of the adjoining public right-of-9)Storm water detention facilities shall be way, all in the City of Dubuque, Iowa.constructed to control run-off. Section 2. Pursuant to Iowa Code SectionD.Open Space and Recreational Areas 414.5 (1993), and as an express condition ofThose areas not designated on the the reclassification, the undersigned propertyconceptual development plan for owner(s) agree(s) to the following conditions,development shall be maintained as open all of which the property owner(s) furtherspace, as defined by Section 8 of the agree(s) are reasonable and imposed toZoning Ordinance by the property owner satisfy the public needs that are causedand/or association. directly by the zoning reclassification:E.Sign Regulations. A.Use Regulations.The sign regulations shall be in accordance The following regulations shall apply to allwith the R-4 Multi-Family Residential uses made of land in the above describedDistrict as established in Section 4-3.11 of PUD District:the Zoning Ordinance. 1)Principal permitted uses shall be limited toF.Additional Standards. fifty-three (53) congregate apartment units1)The conceptual development plan shall be and twenty-five (25) cottages forvalid for a period of five (5) years, provided independent living.a final site development plan is submitted 2)Accessory uses shall include any usewithin three (3) years from the date of customarily incidental and subordinate toapproval. the principal use it serves.G.Transfer of Ownership B.Lot and Bulk Regulations.Transfer of ownership or lease of property Development of land in the PUD Districtin this PUD District shall include in the shall be regulated as follows:transfer or lease agreement a provision that 1)All building structures and activities shallthe purchaser or lessee acknowledges be located in conformance with theawareness of the conditions authorizing the attached conceptual development plan andestablishment of the district. all final site development plans shall beH.Reclassification of Subject Property. Regular Session, April 7, 1997 The City of Dubuque, Iowa, may initiateRESOLUTION NO. 141-97 zoning reclassification proceedings to theA RESOLUTION APPROVING THE URBAN R-4 Multi-Family Residential District inRENEWAL PLAN FOR THE DUBUQUE accordance with Section 6 of the ZoningINDUSTRIAL CENTER/SOUTH ECONOMIC Ordinance if the property owner(s) fail(s) toDEVELOPMENT DISTRICT (PREVIOUSLY complete or maintain any of the conditionsKNOWN AS THE SITE F ECONOMIC of this ordinance.DEVELOPMENT DISTRICT). I.Modifications.Whereas, on January 20, 1997, the City Any modifications of this Ordinance mustCouncil of the City of Dubuque, Iowa, be approved by the City Council indetermined the necessity for and authorized accordance with zoning reclassificationthe preparation of an Urban Renewal Plan (the proceedings of Section 6 of the Zoning“Plan”) for the Dubuque Industrial Ordinance.Center/South Economic Development District, J.Recording.previously known as the Site F Economic A copy of this ordinance shall be recordedDevelopment District”); and at the expense of the property owner(s)Whereas, the City of Dubuque’s primary with the Dubuque County Recorder as aobjective in establishing this Plan is to provide permanent record of the conditionsadditional marketable industrial development accepted as part of this reclassificationsites for the purpose of job-creating economic approval after the adoption of thisdevelopment activities; and ordinance. This ordinance shall be bindingWhereas, the Long Range Planning upon the undersigned and his/her heirs,Commission has reviewed the proposed Plan successors and assigns.and has found that said document is Section 3. The foregoing amendment hasconsistent with the Comprehensive Plan for heretofore been reviewed by the Zoningthe development of the City of Dubuque as a Commission of the City of Dubuque, Iowa.whole and has transmitted its findings to the Section 4. The foregoing amendment shallCity Council; and take effect upon publication, as provided byWhereas, a consultation process has been law.undertaken with affected taxing entities in Passed, approved and adopted this 7th dayaccordance with Chapter 403 of the Code of of April, 1997.Iowa with no written objections or Terrance M. Duggan, Mayorrecommended changes to the Plan received; ATTEST: Mary A. Davis, City Clerkand ACCEPTANCE OFWhereas, the City Council, in accordance ORDINANCE NO. 25-97with Chapter 403 of the Code of Iowa, has The Padre Pio Health Care Center,held a public hearing on the proposed Plan Inc./DBA Stonehill Care Center, propertyafter public notice thereof. owner, having read the terms and conditionsNOW, THEREFORE, BE IT RESOLVED of the foregoing Ordinance No. 25-97 andBY THE CITY COUNCIL OF THE CITY OF being familiar with the conditions thereof,DUBUQUE, hereby accept the same and agree to the IOWA: conditions required therein.Section 1. That the Urban Renewal Plan Dated this 14th day of April, 1997.for the Dubuque Industrial Center/South By /s/ Sr. Dolores Ullrich, AdministratorEconomic Development District, previously Stonehill Care Centerknown as the Site F Economic Development Published officially in the Telegraph HeraldDistrict, attached hereto and made reference to herein, be approved. newspaper this 22nd day of April, 1997. Section 2. That the City Clerk of the City of 1t 4/22Mary A. Davis CMC, City Clerk Dubuque, Iowa is hereby authorized and Council Member Michalski moved final directed to file a certified copy of the consideration and passage of the Ordinance, Resolution in the office of the Dubuque as amended - to include restriction on street County Recorder. parking and an increase of number of cottage Passed, approved and adopted this 7th day units from 19 to 25. Seconded by Council Member Robbins. Motion carried 7-0. of April, 1997. Terrance M. Duggan, Mayor Proof of publication certified to by theAttest: Mary A. Davis, City Clerk Publisher on Notice of Hearing to considerCouncil Member Buol moved adoption of adopting an Urban Renewal Plan for Site “F”;the Resolution. Seconded by Council Member Proof of publication certified to by theKrieg. Motion carried 7-0. Publisher on Notice of Hearing to consider adopting an Urban Renewal Plan forRESOLUTION NO. 142-97 Expanded Dubuque Industrial CenterA RESOLUTION APPROVING THE Economic Development District and CityAMENDED AND RESTATED URBAN Manager recommending approval of UrbanRENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC Renewal Plans and submitting suggested DEVELOPMENT DISTRICT. names for Site “F” location, presented and Whereas, on May 2, 1988, the City Council read. Council Member Buol moved that the of the City of Dubuque, Iowa, after public proof and communication be received and hearing, duly adopted an Urban Renewal Plan filed. Seconded by Council Member Krieg. (the “Plan”) for the Dubuque Industrial Center Motion carried 7-0. Economic Development District (the “District”) Regular Session, April 7, 1997 which was thereafter amended and restatednewspaper of general circulation published in on December 17, 1990; andthe City of Dubuque, Iowa on 31st day of Whereas, on January 20, 1997, the CityMarch, 1997, the City Council of the City of Council determined the necessity for andDubuque, Iowa met on the 7th day of April, authorized the preparation of an amended and1997, at 7:30 p.m. in the Public Library restated Plan for the District; andAuditorium, 11th and Locust, Dubuque, Whereas, the City of Dubuque’s primaryDubuque, County, Iowa to consider the objectives in amending and restating the Planproposal for the sale of real estate described are to provide for the expansion of the Districtas: and to pursue activities to provide additionalLot 3 of 1 of 1 of 1 of the NW 1/4 SW 1/4, marketable industrial development sites for theand Lot 3 of 2 of 2 of the E ½ SW 1/4 all in purpose of job-creating economicSection 16, T89N, R2E in Dubuque development activities; andCounty, Iowa Whereas, the Long Range PlanningWhereas, the City Council of the City of Commission has reviewed the proposedDubuque, Iowa overruled any and all amended and restated Plan and has foundobjections, oral or written to the proposal to that said document is consistent with thedispose of interest of the City of Dubuque, Comprehensive Plan for the development ofIowa, except for easement as noted, in the the City of Dubuque as a whole and hashereinabove described real estate to Corey transmitted its findings to the City Council;Development, Ltd. andNOW THEREFORE, BE IT RESOLVED Whereas, a consultation process has beenBY THE CITY COUNCIL OF THE CITY OF undertaken with affected taxing entities inDUBUQUE, IOWA: accordance with Chapter 403 of the Code ofSection 1.That the disposal of the Iowa with no written objections orinterest of the City of Dubuque, Dubuque recommended changes to the Plan received;County, Iowa in real property described as Lot and3 of 1 of 1 of 1 of the NW 1/4 SW 1/4, and Lot Whereas, the City Council, in accordance3 of 2 of 2 of the E ½ SW 1/4 all in Section with Chapter 403 of the Code of Iowa, has16, T89N, R2E in the City of Dubuque, Iowa held a public hearing on the proposedto Corey Development, Ltd. be and the same amended and restated Plan after public noticeis hereby approved for the sum of thereof.$410,000.00 payable $1,000.00 at the time of NOW, THEREFORE, BE IT RESOLVEDCity acceptance of the Real Estate Contract, BY THE CITY COUNCIL OF THE CITY OF$50,000.00 at the right of possession, and DUBUQUE, IOWA:$359,000.00 on June 1, 1997, plus cost of Section 1. That the Amended andpublication, platting and filing fees; as Restated Urban Renewal Plan for theconditioned upon the REAL ESTATE Dubuque Industrial Center EconomicCONTRACT attached hereto; conveyance Development District attached hereto andshall be by Warranty Deed. made reference to herein, be approved.Section 2.That the Mayor be authorized Section 2. That the City Clerk of the City ofand directed to execute the attached REAL Dubuque, Iowa is hereby authorized andESTATE CONTRACT and Warranty Deed, directed to file a certified copy of theand the City Clerk be and is hereby authorized Resolution in the office of the Dubuqueand directed to deliver said deed of County Recorder.conveyance to the above named grantee upon Passed, approved and adopted this 7th dayreceipt of the purchase price in full. of April, 1997.Section 3.That Resolution No. 115-97 is Terrance M. Duggan, Mayorhereby rescinded. Attest: Mary A. Davis, City Clerk Section 4.That the City Clerk be and is Council Member Buol moved adoption ofhereby authorized and directed to record a the Resolution. Seconded by Council Membercertified copy of this resolution in the office of Krieg. Motion carried 7-0. the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Council Member Krieg moved that it bePassed, approved and adopted this 7th day resolved that the Site “F” location will beof April, 1997. redesignated as Dubuque Industrial CenterTerrance M Duggan, Mayor South. Seconded by Council MemberAttest: Mary A. Davis, City Clerk Robbins. Motion carried 7-0. Council Member Buol moved adoption of the Resolution. Seconded by Council Member Proof of publication certified to by theNicholson. Motion carried 7-0. Publisher on Notice of Public Hearing to consider disposing of city-owned land to CoreyMorrison Bros. Company requesting Development, Ltd., presented and read.designation of their property on 7th St. as an Council Member Buol moved that the proof beUrban Renewal District to allow the use of tax received and filed. Seconded by Councilincrement revenue and City Manager Member Nicholson. Motion carried 7-0. recommending establishment of Economic Development District on E. 7th Street, RESOLUTION NO. 143-97presented and read. Council Member Whereas, pursuant to resolution andMichalski moved that the communications be published notice of time and place of hearing,received and filed. Seconded by Council published in the Telegraph Herald, aMember Robbins. Motion carried 7-0. Regular Session, April 7, 1997 Rhodes Isenhart spoke objecting to TIFEast 7th Street Economic Development monies being used.District for new and expanded industrial uses is necessary and appropriate to facilitate the RESOLUTION NO. 144-97proper growth and development of the A RESOLUTION OF NECESSITY FINDINGcommunity in accordance with sound planning THAT PROPERTY OWNED BY MORRISONand local community objectives. BROS. COMPANY LOCATED ON EASTSection 3. That the development of this 7TH STREET IS AN ECONOMICarea will provide new opportunities for DEVELOPMENT AREA AND THAT THEindustrial expansion and job creation in the REDEVELOPMENT OF SAID AREA IScommunity. NECESSARY IN THE INTEREST OF THESection 4. That the City Manager is RESIDENTS OF THE CITY OF DUBUQUE,authorized and directed to prepare an Urban IOWA.Renewal Plan for the East 7th Street Whereas, the City Council of the City ofEconomic Development District, to forward Dubuque has determined that the areasaid Plan to the City's Long Range Planning described in Section 1 hereof and owned byCommission for review and comment and to Morrison Bros. Company will provide newbegin the consultation process required by law opportunities for local economic developmentwith affected taxing entities. activities; andSection 5. That the City Clerk is directed to Whereas, the City Council has foundpublish notice of a public hearing on the through recent studies and general plans foradoption of an Urban Renewal Plan for the the City that a severe deficit of industrialEast 7th Street Economic Development development land exists in the communityDistrict to be held on July 21, 1997 at 7:00 which prevents the growth and expansion ofp.m. in the Carnegie-Stout Public Library job-creating development activities; andAuditorium, 11th and Bluff Streets, Dubuque, Whereas, the City Council has determinedIowa 52001 and that said notice shall generally that the active redevelopment of underutilizedidentify the area covered by the Plan and the industrial areas is a beneficial use of existinggeneral scope of the Plan and the activities industrial land that will enhance the City'splanned for such area. ongoing economic development efforts; andSection 6. That the City Clerk is further Whereas, the City Council has found thatdirected to send by ordinary mail a copy of the Morrison Bros. Company property meetssaid notice of public hearing to the Dubuque the definition of an economic developmentCommunity School District, the County Board area as found in Chapter 403 "Urbanof Supervisors and the Northeast Iowa Renewal" of the Iowa Code; andCommunity College, as the affected taxing Whereas, Chapter 403 of the Iowa Codeentities. requires that before urban renewal authorityPASSED, APPROVED and ADOPTED may be exercised, a City Council must adoptthis 7th day of April, 1997. a resolution of necessity finding that the areaTerrance M. Duggan, Mayor in question is a slum, blighted or economicAttest: Mary A. Davis, City Clerk development area, and that so designatingCouncil Member Michalski moved adoption such area is necessary in the interest of theof the Resolution. Seconded by Council public health, safety or welfare of the residentsMember Robbins. Motion carried 7-0. of the municipality. NOW, THEREFORE, BE IT RESOLVEDCity Manager requesting concurrence with BY THE CITY COUNCIL OF THE CITY OFthe selection of the Durrant Group/IIW DUBUQUE, IOWA:Engineers/Steven Browner design team as the Section 1. That the following describedconsultant for the North End Neighborhood area is an economic development area asTrail project, presented and read. Council defined by Chapter 403 of the Iowa Code andMember Voetberg moved that the is appropriate for an urban renewal project, tocommunication be received and filed and wit:agreed with the recommendation. Seconded Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lotby Council Member Buol. Motion carried 7-0. 1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13 and 14; Block `16 Lots 1, 2, 3, 4 and 5; and Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3,City Manager recommending approval of 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15,Economic Development Package for Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, LotCarteGraph Systems, Inc., presented and 2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 ofread. Council Member Buol moved that the Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lotcommunication be received and filed. 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26,Seconded by Council Member Robbins. Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of LotMotion carried 7-0. 29, Lot 3 of Lot 30, Lot 3 of Lot 31, Lot 3 of Lot 32 all in the Dubuque HarborRESOLUTION 145-97 Improvement Co.'s Addition, Township 89RESOLUTION AUTHORIZING THE North, Range 3 East of the 5th P.M.,EXECUTION OF A COMMUNITY Dubuque County, Iowa and any adjoiningECONOMIC BETTERMENT ACCOUNT public right-of-way. (Hereinafter called theLOAN AGREEMENT FOR FIFTY East 7th Street Economic DevelopmentTHOUSAND DOLLARS ($50,000) WITH District.)CARTEGRAPH SYSTEMS, INC. Section 2. That the redevelopment of theWhereas, the Community Economic Regular Session, April 7, 1997 Betterment Account (CEBA) program hasof the City Council of the City of Dubuque, been created by the Iowa Department ofIowa, all necessary loan documents and is Economic Development to assist in thefurther authorized to disburse loan funds in economic development efforts of localaccordance with the terms and conditions of jurisdictions; andthe executed agreement. Whereas, on February 20, 1997, the City ofPassed, approved and adopted this 7th day Dubuque, Iowa was awarded a fifty thousandof April 1997. dollar ($50,000) forgivable loan from theTerrance M. Duggan, Mayor CEBA program by the Iowa Department ofAttest: Mary A. Davis, City Clerk Economic Development; andCouncil Member Buol moved adoption of Whereas, the City of Dubuque, Iowathe Resolution. Seconded by Council Member desires to assist CarteGraph Systems, Inc. inRobbins. Motion carried 7-0. its efforts to expand its operations in Dubuque and create new, permanent employmentRESOLUTION 147- 97 opportunities for local citizens; andA RESOLUTION AUTHORIZING ECIA Whereas, a CEBA Loan Agreement, heretoBUSINESS GROWTH, INC. TO PROCEED attached and by this reference made a partWITH A LOAN FROM THE CITY OF hereof, is to be executed between the IowaDUBUQUE'S PORTION OF THE EDA Department of Economic Development,REVOLVING LOAN FUND OF ONE CarteGraph Systems, Inc. and the City ofHUNDRED FOUR THOUSAND DOLLARS Dubuque, Iowa.($104,000) TO CARTEGRAPH SYSTEMS, NOW, THEREFORE, BE IT RESOLVEDINC. BY THE CITY COUNCIL OF THE CITY OFWhereas, the City of Dubuque has funded DUBUQUE, IOWA:a portion of the Economic Development Section 1.That the Mayor andAdministration's (EDA) Revolving Loan Fund Corporation Counsel be and they are hereby(RLF) which is administered by ECIA authorized and directed to endorse, on behalfBusiness Growth, Inc.; and of the City Council of the City of Dubuque,Whereas, CarteGraph Systems, Inc. has Iowa, the attached CEBA Loan Agreement.requested financial assistance from ECIA Section 2.That the City Manager be andBusiness Growth, Inc. of one hundred four he is hereby authorized to disburse loan fundsthousand ($104,000) to purchase equipment to CarteGraph Systems, Inc. from the CEBAas part of their planned business expansion; program in accordance with the terms andand conditions of the executed Agreement.Whereas, ECIA Business Growth, Inc. has Passed, approved and adopted this 7th dayreviewed the request and asked that the City of April, 1997.Council authorize the use of loan funds from Terrance M. Duggan, Mayorthe City of Dubuque's portion of the EDA Attest: Mary A. Davis, City ClerkRevolving Loan Fund; and Council Member Buol moved adoption ofWhereas, the City of Dubuque, Iowa the Resolution. Seconded by Council Memberdesires to assist CarteGraph Systems, Inc. in Robbins. Motion carried 7-0. this expansion. NOW, THEREFORE, BE IT RESOLVED RESOLUTION 146-97BY THE CITY COUNCIL OF THE CITY OF A RESOLUTION AUTHORIZING THEDUBUQUE, IOWA: EXECUTION OF A CITY OF DUBUQUESection 1. That ECIA Business Growth, ECONOMIC DEVELOPMENT LOANInc. is hereby authorized to proceed with a AGREEMENT FOR THIRTY THOUSANDloan of $104,000 to CarteGraph Systems, Inc. DOLLARS ($30,000) TO CARTEGRAPHfrom the City of Dubuque's portion of the EDA SYSTEMS, INC.Revolving Loan Fund. Whereas, the City of Dubuque has fundedSection 2. That the City Clerk is hereby an economic development loan program todirected to notify ECIA Business Growth, Inc. support the growth and expansion of new andof said authorization by transmitting a certified existing businesses; andcopy of this Resolution. Whereas, CarteGraph Systems, Inc., aPassed, approved and adopted this 7th day local software development company, hasof April 1997. proposed the expansion of its existingTerrance M. Duggan, Mayor operations; andAttest: Mary A. Davis, City Clerk Whereas, the City of Dubuque, Iowa hasCouncil Member Buol moved adoption of considered said proposal and has determinedthe Resolution. Seconded by Council Member that the proposed project will contribute to theRobbins. Motion carried 7-0. local economy through the creation of jobs for area residents.City Manager recommending City purchase NOW, THEREFORE, BE IT RESOLVEDremanufactured 1986 buses instead of BY THE CITY COUNCIL OF THE CITY OFrebuilding 1976 buses, presented and read. DUBUQUE, IOWA:Council Member Michalski moved that the Section 1. That a City of Dubuquecommunication be received and filed and Economic Development Loan in the amount ofapproved recommendations. Seconded by $30,000 is hereby approved to CarteGraphCouncil Member Voetberg. Motion carried 7- Systems, Inc.0. Section 2. That the City Manager is hereby authorized to prepare and execute, on behalfCity Manager recommending approval of Regular Session, April 7, 1997 Loan Agreement with Dubuque Food Pantry,of April, 1997. Inc., presented and read. Council MemberTerrance M. Duggan, Mayor Voetberg moved that the communication beAttest: Mary A. Davis, City Clerk received and filed and approved the LoanCouncil Member Buol moved adoption Agreement. Seconded by Council Memberof the Resolution. Seconded by Council Buol. Motion carried 7-0. Member Voetberg. Motion carried 7-0. RESOLUTION 148-97RESOLUTION NO. 150-97 A RESOLUTION AUTHORIZING A LOANFIXING DATE OF HEARING ON AGREEMENT WITH DUBUQUE FOODPLANS AND SPECIFICATIONS PANTRY, INC IN THE AMOUNT OF $90,000Whereas, the City Council of the City of TO BE FUNDED WITH COMMUNITYDubuque, Iowa has given its preliminary DEVELOPMENT BLOCK GRANT FUNDS.approval on the proposed plans, Whereas, the City of Dubuque, Iowa, is aspecifications, and form of contract and participating city in the Communityplaced same on file in the office of the City Development Block grant (CDBG) Program ofClerk for public inspection of the SUTTON the United States Department of Housing andPOOL LIGHTING PROJECT. Urban Development; andNOW, THEREFORE, BE IT RESOLVED, Whereas, the Dubuque Food Pantry is aBY THE CITY COUNCIL OF THE CITY OF non-profit corporation whose purpose is toDUBUQUE, IOWA, that on the 5th day of provide a means for gathering, storing andMay, 1997, a public hearing will be held on dispensing food to persons in need of7:00 p.m. in the Public Library Auditorium, at temporary help and meeting their food needs;which time interested persons may appear and and be heard for or against the proposed plans Whereas, the City desires to encourage theand specifications, form of contract and cost Dubuque Food Pantry, Inc in its efforts toof said improvement, and the City Clerk be acquire and rehabilitate the building at 1592-and is hereby directed to cause a notice of 1598 Jackson Street, Dubuque, Iowa for usetime and place of such hearing to be as a food pantry for residents of the low andpublished in a newspaper having general moderate income area: circulation in the City of Dubuque, Iowa, which NOW, THEREFORE, BE IT RESOLVEDnotice shall be not less than four days nor BY THE CITY COUNCIL OF THE CITY OFmore than twenty days prior to the day fixed for DUBUQUE, IOWA:its consideration. At the hearing, any Section 1. That a loan to Dubuque Foodinterested person may appear and file Pantry, Inc. in the amount of $90,000 ofobjections to the proposed plans, Community Development Block Grant (CDBG)specifications, contract, or estimated cost of funds is hereby approved.the improvement. Section 2. That the City Manager isPassed, approved and adopted this 7th day hereby authorized to execute, on behalf of theof April, 1997. City Council of the City of Dubuque, Iowa, theTerrance M. Duggan, Mayor attached loan agreement and necessaryAttest: Mary A. Davis, City Clerk documents.Council Member Buol moved adoption of Passed, approved and adopted this 7th daythe Resolution. Seconded by Council Member of April, 1997. Voetberg. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkRESOLUTION NO. 151-97 Council Member Voetberg moved adoptionORDERING BIDS of the Resolution. Seconded by CouncilBE IT RESOLVED BY THE COUNCIL OF Member Buol. Motion carried 7-0. THE CITY OF DUBUQUE, IOWA: That the SUTTON POOL LIGHTING City Manager submitting documentsPROJECT is hereby ordered to be advertised providing for bidding process for Constructionfor bids for construction. of the Sutton Pool Lighting Project, presentedBE IT FURTHER RESOLVED, that the and read. Council Member Buol moved thatamount of the security to accompany each bid the communication be received and filed.shall be in an amount which shall conform to Seconded by Council Member Voetberg.the provisions of the notice to bidders hereby Motion carried 7-0. approved as a part of the plans and specifications heretofore adopted. RESOLUTION NO. 149-97That the City Clerk is hereby directed to PRELIMINARY APPROVAL OFadvertise for bids for the construction of the PLANS AND SPECIFICATIONSimprovements herein provided, to be published BE IT RESOLVED BY THE CITYin a newspaper having general circulation in COUNCIL OF THE CITY OF DUBUQUE,the City of Dubuque, Iowa, which notice shall IOWA:not be less than four days nor more than That the proposed plans, specifications,twenty days prior to the receipt of said bids at form of contract and estimated cost for the2:00 p.m. on the 23rd day of April, 1997. Bids SUTTON POOL LIGHTING PROJECT, inshall be opened and read by the City Clerk at the estimated amount of $39,000, are herebysaid time and will be submitted to the Council approved and ordered filed in the office of thefor final action at 7:00 p.m. on the 5th day of City Clerk, for public inspection.May, 1997. Passed, approved and adopted this 7th dayPassed, approved and adopted this 7th day Regular Session, April 7, 1997 of April, 1997.Member Buol. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk RESOLUTION NO. 154-97 Council Member Buol moved adoption ofORDERING BIDS the Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED Voetberg. Motion carried 7-0. BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: City Manager submitting documentsThat the Jackson Street at 26th Street providing for bidding process for ConstructionTraffic Signals is hereby ordered to be of Jackson Street at 26th Street Trafficadvertised for bids for construction. Signals, presented and read. Council MemberBE IT FURTHER RESOLVED, that the Michalski moved that the communication beamount of the security to accompany each bid received and filed. Seconded by Councilshall be in an amount which shall conform to Member Buol. Motion carried 7-0. the provisions of the notice to bidders hereby approved as a part of the plans and RESOLUTION NO. 152-97specifications heretofore adopted. PRELIMINARY APPROVALThat the City Clerk is hereby directed to OF PLANS AND SPECIFICATIONSadvertise for bids for the construction of the NOW THEREFORE, BE IT RESOLVEDimprovements herein provided, to be published BY THE CITY COUNCIL OF THE CITY OFin a newspaper having general circulation in DUBUQUE, IOWA:the City of Dubuque, Iowa, which notice shall That the proposed plans, specifications,not be less than four days nor more than form of contract and estimated cost for thetwenty days prior to the receipt of said bids at Jackson Street at 26th Street Traffic Signals,2:00 p.m. on the 24th day of April, 1997. Bids in the estimated amount of $34,841.20, areshall be opened and read by the City Clerk at hereby approved and ordered filed in the officesaid time and will be submitted to the Council of the City Clerk for public inspection.for final action at 7:00 p.m. on the 5th day of Passed, adopted and approved this 7th dayMay, 1997. of April, 1997.Passed, adopted and approved this 7th day Terrance M. Duggan, Mayorof April, 1997. Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Michalski moved adoptionAttest: Mary A. Davis, City Clerk of the Resolution. Seconded by CouncilCouncil Member Michalski moved adoption Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 153-97 FIXING DATE OF HEARINGCity Manager submitting documents ON PLANS AND SPECIFICATIONSproviding for bidding process for Construction Whereas, the City Council of the City ofof 1997 Curb Ramp Project, presented and Dubuque, Iowa has given its preliminaryread. Council Member Buol moved that the approval on the proposed plans,communication be received and filed. specifications, and form of contract andSeconded by Council Member Voetberg. placed same on file in the office of the CityMotion carried 7-0. Clerk for public inspection of the Jackson Street at 26th Street Traffic Signals.RESOLUTION NO. 155-97 NOW THEREFORE, BE IT RESOLVEDPRELIMINARY APPROVAL OF BY THE CITY COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS DUBUQUE, IOWA:NOW THEREFORE, BE IT RESOLVED That on the 5th day of May, 1997, a publicBY THE CITY COUNCIL OF THE CITY OF hearing will be held at 7:00 p.m. in the PublicDUBUQUE, IOWA: Library Auditorium at which time interestedThat the proposed plans, specifications, persons may appear and be heard for orform of contract and estimated cost for the against the proposed plans and specifications,1997 Curb Ramp Construction Project, in the form of contract and cost of said improvement,estimated amount of $83,933.33, are hereby and the City Clerk be and is hereby directed toapproved and ordered filed in the office of the cause a notice of time and place of suchCity Clerk for public inspection. hearing to be published in a newspaper havingPassed, adopted and approved this 7th day general circulation in the City of Dubuque,of April, 1997. Iowa, which notice shall be not less than fourTerrance M. Duggan, Mayor days nor more than twenty days prior to theAttest: Mary A. Davis, City Clerk day fixed for its consideration. At the hearing,Council Member Buol moved adoption of any interested person may appear and filethe Resolution. Seconded by Council Member objections to the proposed plans,Voetberg. Motion carried 7-0. specifications, contract, or estimated cost of the improvement.RESOLUTION NO. 156-97 Passed, adopted and approved this 7th dayFIXING DATE OF HEARING of April, 1997.ON PLANS AND SPECIFICATIONS Terrance M. Duggan, MayorWhereas, the City Council of the City of Attest: Mary A. Davis, City Clerk Dubuque, Iowa has given its preliminary Council Member Michalski moved adoptionapproval on the proposed plans, of the Resolution. Seconded by Councilspecifications, and form of contract and Regular Session, April 7, 1997 placed same on file in the office of the Citygovernmental body would have to pay for that Clerk for public inspection of the 1997 Curbproperty. Seconded by Council Member Ramp Construction Project.Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF At 9:36 Council reconvened Regular DUBUQUE, IOWA:Session with statement that Staff had been That on the 5th day of May, 1997, a publicgiven proper direction. hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interestedThere being no further business, Council persons may appear and be heard for orMember Buol moved to adjourn the meeting. against the proposed plans and specifications,Seconded by Council Member Voetberg. form of contract and cost of said improvement,Motion carried 7-0. The meeting adjourned at and the City Clerk be and is hereby directed to9:37. cause a notice of time and place of such hearing to be published in a newspaper havingMary A. Davis CMC general circulation in the City of Dubuque,City Clerk 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,Approved , 1997 any interested person may appear and file objections to the proposed plans,Adopted , 1997 specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of April, 1997.Mayor 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. 157-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1997 Curb Ramp Construction Project is hereby ordered to be advertised forCouncil Members bids for construction.Attest: BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform toCity Clerk 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 24th day of April, 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 5th day of May, 1997. Passed, adopted and approved this 7th day of April, 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. At 8:39 p.m. Council Member Buol moved to into Closed Session In accordance with Chapter 21.5 1.(j) 1995 Code of Iowa To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the Regular Session, April 21, 1997 DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Regular Quarterly Meeting, Board of Health, Board met at 6:40 p.m., Monday, April 21, 1997, Public Library Auditorium Present: Chairperson Duggan, Board Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Chairperson Duggan read the call and stated this is the Regular Quarterly Meeting of the Board of Health called for the purpose to act upon such business which may properly come before the Board. Communication of City Manager submitting documents for the FY 98 Community Services Grant Application for Public Health Nursing Services, Senior Health and Home Care Aide Programs with the VNA as Project Director, presented and read. Board Member Michalski moved that the communication be received and filed and the Grant application be approved. Seconded by Board Member Nicholson. Motion carried 7-0. Julie McMahon, Director of the VNA, spoke clarifying the application. There being no further business, Board Member Voetberg moved to adjourn. Seconded by Board Member Buol. Motion carried 7-0. The meeting adjourned at 6:51. Karen M. Chesterman Deputy Secretary, Board of Health Approved 1997 Adopted 1997 Chairperson Board Members Attest: Secretary, Board of Health Regular Session, April 21, 1997 NOTICES OF CLAIMS/SUITS — Judith DUBUQUE Fondell in amount of $555.62 for vehicle damages; Grand Opera House in amount of $165.00 for sewer backup; Mark Hayes in CITY COUNCIL amount of $420.67 for vehicle damages; Rhonda Kirkegaard in unknown amount for personal injuries; Robert Mootz vs City & Civil OFFICIAL Service Comm. appealing Decision and Ruling PROCEEDINGS of the Civil Service Commission, presented and read. Council Member Voetberg moved that the claims and suits be referred to the City Council, Regular Session, April 21, Legal Staff for investigation and report. 1997 Seconded by Council Member Robbins. Council met at 7:00 p.m., Public Library Motion carried 7-0. Auditorium Present: Mayor Duggan, Council Members Corporation Counsel recommending Buol, Krieg, Michalski, Nicholson, Robbins, approval of settlement of claim of Robert L. Voetberg, City Manager Michael Van Milligen, Burke in the amount of $192.52, presented Corporation Counsel Barry A. Lindahl. and read. Council Member Voetberg moved that the communication be received and filed Mayor Duggan read the call and stated this and settlement approved. Seconded by is the Regular Session of the City Council Council Member Robbins. Motion carried 7-0. called for the purpose to act upon such business which may properly come before the Council. Corporation Counsel advising the following claims be referred to Crawford & Co., the Invocation was given by Rev. Duane agent for the Iowa Communities Assurance Manson, Chaplain of Luther Manor. Pool: Property damage of Dubuque River Terminal, Vehicle and injury claim of Michael Proclamation: April 25, 1997 as “Arbor K. Fleming, property damage claim of Hartig Day” received by Gene Heineman of the Drug Store, vehicle damage claim of David Dubuque Arboretum. Havelka, sewer backup claim of Stella Jochum, vehicle damage claim of Limerock Jeff Walters of the Sister City Committee Springs, Inc. - Vendors Unlimited Corp., Introduced several visitors from Dubuque’s personal injury claim of Marjorie McMahon, Sister City Pyatigorsk, Russia. These six property damage claim of Mary Ransdell, Pyatigorsk representatives presented the personal injury claim of Janaan Wallace, Mayor for the City a gift of an exquisite vase. vehicle damage claim of Melinda J. Walters, Mayor Duggan presented them with gifts of and Vehicle damage claim of Charles M. our No. 1 rated water and also each a basket White, presented and read. Council Member of gifts which included locally made candy and Voetberg moved that the claims and suits be a book about the City. referred to the Legal Staff for investigation and report. Seconded by Council Member MINUTES SUBMITTED — Civil Service Robbins. Motion carried 7-0. Comm. of 2-26; Housing Code Appeals Board of 3-18; Housing Comm. of 3-11; Transit Corporation Counsel recommending Trustee Board of 3-13, presented and read. approval of the denials of the following claims: Council Member Voetberg moved that the vehicle damage claim of Charles Haugen, minutes be received and filed. Seconded by vehicle damage claim of Jean J. Jagielski, Council Member Robbins. Motion carried 7- sewer backup claim of Robert Leytem’s for 0. The Dog House, property damage claim of Joseph L. Melssen; vehicle damage claim of Minutes of the Historic Preservation Comm. Kelli Wardle; and vehicle damage claim of of 4-10, presented and read. Council Member Steve Wirth, presented and read. Council Michalski moved that the minutes be received Member Voetberg moved that the and filed. Seconded by Council Member Buol. communications be received and filed and Motion carried 7-0. approved denials. Seconded by Council Member Robbins. Motion carried 7-0. Proof of Publication on publishing City employees’ salaries for Calendar Year 1996 Corporation Counsel advising of Iowa Real and Finance Director submitting Financial Estate Commission Disclosure Requirements, Reports for March 1997 and Quarterly presented and read. Council Member Investment Report; Convention and Visitors Voetberg moved that the communication be Bureau submitting Quarterly Report; received and filed. Seconded by Council Substance Abuse submitting Third Quarter Member Robbins. Motion carried 7-0. Report for FY 97 and TCI Cablevision of Dubuque, Inc. submitting annual report (on file Corporation Counsel submitting the in the Clerk’s Office), presented and read. proposed Juvenile Curfew Ordinance (Public Council Member Voetberg moved that the Hearing was set on April 7th for May 5, 1997), proof and reports be received and filed. presented and read. Council Member Seconded by Council Member Robbins. Voetberg moved that the communication be Motion carried 7-0. Regular Session, April 21, 1997 received and filed. Seconded by CouncilHistorical Neighborhood Ornamental Railing Member Robbins. Motion carried 7-0. Project has been completed and the City Manager has examined the work and filed his Communication of Kenneth H. Boyd of IAcertificate stating that the same has been Dept. of Economic Development advising ofcompleted according to the terms of the completion of CEBA Contract #92-PRO-01 -contract, plans and specifications and City of Dubuque - Eagle Point Softwarerecommends it acceptance. (Engineering Data), presented and read.NOW THEREFORE, BE IT RESOLVED Council Member Voetberg moved that theBY THE CITY COUNCIL OF THE CITY OF communication be received and filed.DUBUQUE, IOWA: Seconded by Council Member Robbins.Section 1. That the recommendation of the Motion carried 7-0. City Manager be approved and that said improvement be and the same is hereby Dubuque Diamond Jo requestingaccepted. permission to display fireworks on June 1,BE IT FURTHER RESOLVED that the City 1997 at about 9:00 p.m. on a barge NE of theTreasurer be and he is hereby directed to pay floodwall entering the harbor, presented andto the contractor from Iowa Local Option Sales read. Council Member Voetberg moved thatTax Funds in amount equal to the amount of the request be approved subject tohis contract, less any retained percentage implementation of the City Manager.provided for therein. Seconded by Council Member Robbins.Passed, approved and adopted this 21st Motion carried 7-0. day of April, 1997. Terrance M. Duggan, Mayor Petition of residents of J.F. Kennedy Rd.Attest: and the 32nd Street area expressing concernsKaren M. Chesterman, Deputy City Clerk about traffic and speed limits through theirCouncil Member Voetberg moved adoption residential neighborhood, presented and read.of the Resolution. Seconded by Council Council Member Voetberg moved that this beMember Robbins. Motion carried 7-0. referred to the Manager. Seconded by Council Member Robbins. Motion carried 7-0.RESOLUTION NO. 159-97 FINAL ESTIMATE Whereas, the contract for the 11th Street April 8, 1997Historical Neighborhood Ornamental Railing Honorable Mayor and Members of theProject has been completed and the City City CouncilEngineer has submitted his final estimate In accordance with Chapter 400 of theshowing the cost thereof including the cost of 1995 Code of Iowa, the Civil Serviceestimates, notices and inspection and all Commission conducted a written examinationmiscellaneous costs; on March 26, 1997 for the position of UtilityNOW THEREFORE, BE IT RESOLVED Worker.BY THE CITY COUNCIL OF THE CITY OF We hereby certify that the following individualsDUBUQUE, IOWA: have passed this written examination andSection 1. That the cost of said vacancy for this position should be made fromimprovement is hereby determined to be this list.$29,245.00 and the said amount shall be paid UTILITY WORKERfrom Iowa Local Option Sales Tax Funds of Patrick DeHeckRaymond Behnkethe City of Dubuque, Iowa. Ernie WestbyRonald SwiftPassed, approved and adopted this 21st Randy Vaske Mark Wallaceday April, 1997. Thomas WoodsJack RenoTerrance M. Duggan, Mayor Morris DiesburgAlvy KennedyAttest: Respectfully submitted, Karen M. Chesterman, Deputy City Clerk /s/ Merle J. Duehr, Jr., ChairpersonCouncil Member Voetberg moved adoption /s/ Thomas E. Rawsonof the Resolution. Seconded by Council Civil Service CommissionMember Robbins. Motion carried 7-0. Council Member Voetberg moved to make this certification a matter of record. SecondedZoning Advisory Commission advising of by Council Member Robbins. Motion carriedtheir approval of the final plat of 2914-2940 7-0. Pinard St., to Subdivide existing property into 3 new lots, one with frontage on an City Manager submitting documentsunimproved Brunswick St. for Myrtle providing for the acceptance for the 11thLaunspach, presented and read. Council Street and Historical NeighborhoodMember Voetberg moved that the Ornamental Railing Project, presented andcommunication be received and filed. read. Council Member Voetberg moved thatSeconded by Council Member Robbins. the communication be received and filed.Carried by the following vote: Yeas—Council Seconded by Council Member Robbins.Members Buol, Krieg, Michalski, Nicholson, Motion carried 7-0. Robbins, Voetberg. Nays—None. Abstain—Mayor Duggan. RESOLUTION NO. 158-97 ACCEPTING IMPROVEMENT Whereas, the contract for the 11th StreetRESOLUTION NO. 160-97 Regular Session, April 21, 1997 A RESOLUTION APPROVING THE FINALCity Manager requesting Worksession on PLAT OF LOT 1, LOT 2, LOT 3 AND LOT AJune 30, 1997 at 4:30 p.m. in the Library OF MYRTLE’S PLACE IN THE CITY OFAuditorium for the Mississippi Riverwalk] and DUBUQUE, IOWA.Amenities Project, presented and read. Whereas, there has been filed with the CityCouncil Member Voetberg moved that the Clerk a Final Plat of Lot 1, Lot 2, Lot 3 and Lotrequest be approved and the Worksession set A of Myrtle’s Place in the City of Dubuque,for 6-30-97 at 4:30 p.m. Seconded by Council Iowa; andMember Robbins. Motion carried 7-0. Whereas, said plat has been examined by the Zoning Advisory Commission and has itsCity Manager and Police Chief advising the approval endorsed thereon; andfollowing establishments have waived their Whereas, said plat dedicates “Lot A” to therights to a public hearing for a thirty day City of Dubuque as right-of-way for futuresuspension: Mulgrew Oil Co. dba Plaza 20 street improvements; andAmoco Foodshop, 2600 Dodge and Oky Doky Whereas, said final plat has been#21 LLC, 2010 Kerper Blvd.; 5-Point Mart, Inc. examined by the City Council and they find405 Rhomberg and HyVee Inc. 3500 Dodge, that it conforms to the statutes and ordinanceswaiving a Public Hearing requirement for relating thereto.$300.00 assessment, presented and read. NOW THEREFORE, BE IT RESOLVEDCouncil Member Voetberg moved that the BY THE CITY COUNCIL OF THE CITY OFcommunications be received and filed. DUBUQUE, IOWA:Seconded by Council Member Robbins. Section 1.That the dedication of Lot AMotion carried 7-0. as right-of-way for future street improvements, as it appears upon said final plat be and theCommunication of City Manager submitting same are hereby accepted; anddocuments authorizing publication of a Section 2.That the Plat of Survey of LotCombined Notice of Finding of No Significant 1, Lot 2, Lot 3 and Lot A of Myrtle’s Place inEffect on the Environment and Notice of Intent the City of Dubuque, Iowa is hereby approvedto Request Release of Funds for Bus and the Mayor and City Clerk are herebyShelters, presented and read. Council authorized and directed to endorse theMember Voetberg moved that the approval of the City of Dubuque, Iowa, uponcommunication be received and filed. said final plat.Seconded by Council Member Robbins. Passed, approved and adopted this 21stMotion carried 7-0. day of April, 1997. Terrance M. Duggan, MayorRESOLUTION NO. 161 -97 Attest:A RESOLUTION AUTHORIZING Karen M. Chesterman, Deputy City ClerkPUBLICATION OF A COMBINED NOTICE ACCEPTANCE OFOF NO SIGNIFICANT IMPACT ON THE RESOLUTION NO. 160-97ENVIRONMENT AND NOTICE OF INTENT I, the undersigned, Myrtle Launspach,TO REQUEST RELEASE OF COMMUNITY having read the terms and conditions of theDEVELOPMENT BLOCK GRANT FUNDS Resolution No. 160-97 and being familiar withFOR BUS SHELTERS AT THE CORNER the conditions thereof, hereby accept thisOF 24TH AND JACKSON AT COMISKEY same and agree to the conditions requiredPARK, 1800 ELM AND AT JACKSON PARK therein.ON 16TH AND MAIN . Dated in Dubuque, Iowa this 29th day ofWhereas, an environmental assessment April, 1997.has been completed for the location of bus By /s/ Myrtle Launspachshelters. at the corner of 24th and Jackson at Council Member Voetberg moved adoptionComiskey Park, 1800 Elm and at Jackson of the Resolution. Seconded by CouncilPark on 16th and Main to be financed with Member Robbins. Carried by the followingCommunity Development Block Grant funds; vote: Yeas—Council Member Buol, Krieg,and Michalski, Nicholson, Robbins, Voetberg.Whereas, based on said environmental Nays—None. Abstain—Mayor Duggan.review, the Department of Community and Economic Development has determined that City Manager submitting response to lettersaid projects will have no significant impact on from Attorney Brendan Quann representingthe environment; and the Molo Oil Co. concerning Police proceduresWhereas, combined notice of " Finding of for alcoholic beverage sales violation,No Significant Effect on the Environment" and presented and read. Council Memberof "Intent to Request Release of Funds" for Voetberg moved that the communication besaid projects will be sent by regular mail to received and filed. Seconded by Councilvarious federal, state and local public Member Robbins. Motion carried 7-0. agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the City Manager submitting information on theHUD Area Office and to the local news media, FY 1998 adopted budget, presented and read.individuals and groups known to be interested Council Member Voetberg moved that theand believed to be appropriate to receive such communication be received and filed.a notice; and Seconded by Council Member Robbins.Whereas, any and all comments received Motion carried 7-0. as a result of such notice will be duly considered before proceeding with a Request Regular Session, April 21, 1997 for Release of Funds and Certification.have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA: DUBUQUE, IOWA:That the Manager be authorized to cause to Section 1. That the City Clerk be and shebe issued the following named applicants a is hereby authorized and directed to publish aBeer Permit. combined " Notice of Finding of No SignificantCLASS “B” BEER PERMIT Impact on the Environment" and "Notice ofC.K. of Dubuque, Inc.Country Kitchen Intent to Request Release of Funds" for the+(Sunday Sales)3187 University following identified project in low/moderatePassed, approved and adopted this 21st income areas and to make the Environmentalday April, 1997. Review Record for said project available forTerrance M. Duggan, Mayor public inspection and comment until 4:30 p.m.Attest: Karen M. Chesterman Friday, May 9, 1997. Such notice shall be inCouncil Member Voetberg moved adoption the form of Exhibit "A" attached hereto andof the Resolution. Seconded by Member made a part hereof.Robbins. Motion carried 7-0. Bus Shelters at the corner of 24th and Jackson at Comiskey Park, 1800 Elm andRESOLUTION NO. 163-97 at Jackson Park on 16th and MainWhereas, applications for Liquor Licenses Section 2. That the environmental reviewhave been submitted to this Council for record for the projects shall be placed on fileapproval and the same have been examined in the Office of the City Clerk where saidand approved; and record may be examined and copied by any Whereas, the premises to be occupied by interested party.such applicants were inspected and found to Section 3. That the Mayor of the City ofcomply with the State Laws and all City Dubuque is hereby authorized and directed toOrdinances relevant thereto and they have submit to the U.S. Department of Housing andfiled proper bonds. Urban Development fifteen (15) days afterNOW, THEREFORE, BE IT RESOLVED publication of appropriate notice a Request forBY THE CITY COUNCIL OF THE CITY OF Release of Funds to undertake said project.DUBUQUE, IOWA: Section 4. That the Mayor of the CityThat the Manager be authorized to cause to of Dubuque is hereby authorized to consent tobe issued the following named applicants a assume the status of a responsible federalLiquor License. official under the National EnvironmentalCLASS "C" (COMMERCIAL) Protection Act, insofar as the provisions of theBEER & LIQUOR LICENSE said Act apply to the U.S. Department ofMurph’s Southend Tap Housing and UrbanMurph’s Southend Tap55 Locust St. Development responsibilities for review,Chad A StreffWhiskey River decision making, and action assumed and +(Sunday Sales)1064 University carried out by the City of Dubuque as toGMRI, IncOlive Garden Rest. environmental issues.+(Sunday Sales)3350 Dodge Section 5. That the Mayor of the City ofDonna GinterWest Dubuque Tap Dubuque is hereby authorized to consent+(Sunday Sales)1701 University personally, in his official capacity and onPassed, approved and adopted this 21st behalf of the City of Dubuque, to accept theday of April, 1997. jurisdiction of the federal courts if an action isTerrance M. Duggan, Mayor brought to enforce responsibilities in relation toAttest: environmental review, decision making andKaren M. Chesterman, Deputy City Clerk action.Council Member Voetberg moved adoption Section 6. That the Mayor of the City ofof the Resolution. Seconded by Council Dubuque be and he is hereby authorized andMember Robbins. Motion carried 7-0. directed to execute a certification pertaining to the environmental review procedures.City Manager requesting further direction Passed, approved and adopted this 21stregarding “Iowa in Motion” Draft day of April, 1997.Transportation Plan, presented and read. Terrance M. Duggan, MayorCouncil Member Buol moved that it be Attest:resolved that a document be prepared that Karen M. Chesterman, Deputy City Clerkwould express the Council’s concerns. Council Member Voetberg moved adoptionSeconded by Council Member Voetberg. of the Resolution. Seconded by CouncilMotion carried 7-0. Member Robbins. Motion carried 7-0. City Manager submitting documents for RESOLUTION NO. 162-97traffic control at Associates Drive and Whereas, applications for Beer PermitsChavenelle Rd., and Associates Drive and the have been submitted and filed to this CouncilNorthwest Arterial, providing for the installation for approval and the same have beenof stop signs for northbound and southbound examined and approved; and traffic on Associates Dr. at Chavenelle Rd. Whereas, the premises to be occupied byand for westbound traffic on Associates Dr. at such applicants were inspected and found tothe Northwest Arterial, presented and read. comply with the Ordinances of this City andCouncil Member Buol moved that the Regular Session, April 21, 1997 communication be received and filed.Transportation by May 1, 1997 for the purpose Seconded by Council Member Voetberg.of allocating Road Use Tax Funds to Motion carried 7-0. municipalities; and Whereas, this Council has reviewed the An Ordinance Amending the Code oftentative Street Construction Program as Ordinances of the City of Dubuque, Iowa, bysubmitted. modifying Subsection (b) of Section 32-214NOW, THEREFORE, BE IT RESOLVED thereof providing for the Addition of StopBY THE CITY COUNCIL OF THE CITY OF Signs at the Intersection of Associates DriveDUBUQUE, IOWA: and Chavenelle Dr., presented and read. Section 1. That the tentative Five Year Street Construction Program for Fiscal Year (OFFICIAL PUBLICATION)1998 through 2002 be and the same is hereby ORDINANCE NO. 26-97approved and the Mayor is hereby authorized AN ORDINANCE AMENDING THE CODEand directed to sign this resolution. OF ORDINANCES OF THE CITY OFSection 2. That the City Manager is hereby DUBUQUE, IOWA, BY MODIFYINGauthorized and directed to forward the SUBSECTION (b) OF SECTION 32-214required documents relating to the Five Year THEREOF PROVIDING FOR THEStreet Construction program to the Iowa ADDITION OF STOP SIGNS AT THEDepartment of Transportation. INTERSECTION OF ASSOCIATES DRIVEPassed, approved and adopted this 21st AND CHAVENELLE ROADday of April, 1997. NOW, THEREFORE, BE IT ORDAINEDTerrance M. Duggan, Mayor BY THE CITY COUNCIL OF THE CITY OFAttest: DUBUQUE, IOWA:Karen M. Chesterman, Deputy City Clerk Section 1. That the Code of Ordinances ofCouncil Member Voetberg moved adoption the City of Dubuque, Iowa be amended byof the Resolution. Seconded by Council adding Associates Drive to Subsection (b) ofMember Robbins. Motion carried 7-0. Section 32-214 thereof as follows: “Sec. 32-214. Stop Intersections.Proof of Publication on Notice to Bidders (b)on Receipt of Bids for the Reconstruction of *. . . . . *. . . . . *. . . . . *. . . . . *Cedar Cross - Fremont Intersection Project NORTHBOUND AND SOUTHBOUNDand City Manager recommending to award Associates Drive and Chavenelle Road.contract for project, presented and read. WESTBOUNDCouncil Member Michalski moved that the Associates Drive and Northwest Arterial.proof and communication be received and Passed, approved and adopted this 21stfiled. Seconded by Council Member Voetberg. day of April, 1997.Carried by the following vote: Yeas—Mayor Terrance M. Duggan, MayorDuggan, Council Members Buol, Krieg, Attest: Michalski, Nicholson, Voetberg. Karen M. Chesterman, Deputy City ClerkNays—Council Member Robbins. Published officially in the Telegraph Herald RESOLUTION NO. 165-97 newspaper this 25th day of April, 1997. AWARDING CONTRACT 1t 4/25 Whereas, sealed proposals have been Karen M. Chesterman, Deputy City Clerk submitted by contractors for the Cedar Council Member Buol moved that the Cross/Fremont Avenue Intersection requirement that a proposed Ordinance be Reconstruction Project pursuant to Resolution considered and voted on for passage at two No. 114-97 and notice to bidders published in Council Meetings prior to the meeting at which a newspaper published in the City of it is to be finally passed be suspended. Dubuque, Iowa on the 17th day of March, Seconded by Council Member Voetberg. 1997. Motion carried 7-0. Council Member Buol Whereas, said sealed proposals were moved final consideration and passage of the opened and read on the 10th day of April, Ordinance. Seconded by Council Member Voetberg. Motion carried 7-0. 1997 and it has been determined that the bid of Horsfield Construction of Epworth, Iowa in City Manager submitting the Tentative Fivethe amount of $683,993.20 was the lowest bid Year Street Construction report, presentedfor the furnishings of all labor and materials and read. Council Member Voetberg movedand performing the work as provided for in the that the communication be received and filed.plans and specifications. Seconded by Council Member Robbins.NOW THEREFORE, BE IT RESOLVED Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 164-97That the contract for the above RESOLUTION APPROVING TENTATIVEimprovement be awarded to Horsfield Construction and the Manager be and is FIVE YEAR STREET CONSTRUCTION hereby directed to execute a contract on PROGRAM behalf of the City of Dubuque for the complete . . Whereas, there has been prepared a performance of the work. tentative Street Construction program for BE IT FURTHER RESOLVED: Fiscal Year 1998 through 2002; and That upon the signing of said contract and Whereas, said construction program must the approval of the contractor's bond, the City be filed with the Iowa Department of Regular Session, April 21, 1997 Treasurer is authorized and instructed toAMENDMENT TO THE FISCAL YEAR 1997 return the bid deposits of the unsuccessfulBUDGET AND DATE OF PUBLIC HEARING bidders.Whereas, it is proposed that the City of Passed, approved and adopted this 21stDubuque amend its Fiscal Year 1997 budget; day of April, 1997.and Terrance M. Duggan, MayorWhereas, Section 384.16 of the Code of Attest:Iowa stipulates that a public hearing must be Karen M. Chesterman, Deputy City Clerkheld on such a budget amendment. Council Member Michalski moved adoptionNOW, THEREFORE, BE IT RESOLVED of the Resolution. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF Member Voetberg. Carried by the followingDUBUQUE, IOWA. vote: Yeas—Mayor Duggan, Council MembersSection 1. That the City Clerk be and is Buol, Krieg, Michalski, Nicholson, Voetberg.hereby authorized and directed to publish Nays—Council Member Robbins.notice of public hearing on an amendment to the adopted budget for the City of Dubuque, RESOLUTION NO. 166-97Iowa. RESOLUTION APPROVING FUNDINGPassed, approved and adopted this 21st AGREEMENT WITH DUBUQUE COUNTYday of April, 1997. RELATING TO THE RECONSTRUCTIONTerrance M. Duggan, Mayor OF A PORTION OF NORTH CASCADEAttest: ROAD WESTERLY FROM ITSKaren M. Chesterman, Deputy City Clerk INTERSECTION WITH CEDAR CROSSCouncil Member Krieg moved adoption of ROADthe Resolution. Seconded by Council Member Whereas, the City of Dubuque is proposingRobbins. Motion carried 7-0. to reconstruct the intersection of Cedar Cross Road, Fremont Avenue, and North CascadeZoning Advisory Commission advising of Road; andtheir approval of requested rezoning of 1600 Whereas, Dubuque County is desirous ofManson Road from AG Agricultural to R1 extending the reconstruction of North CascadeResidential for Karen & Gary Newt, presented Road westerly of the Dubuque City limits; andand read. Council Member Voetberg moved Whereas, Dubuque County has preparedthat the communication be received and filed. a Funding Agreement to reimburse the City ofSeconded by Council Member Buol. Motion Dubuque for the County’s proportionate sharecarried 7-0. of the reconstruction project; and Whereas, the City Council of the City ofAn Ordinance Amending Zoning Map by Dubuque approves the terms and conditionsreclassifying property at 1600 Manson Road of said Funding Agreement.from AG Agricultural to R1 Single Family NOW, THEREFORE, BE IT RESOLVEDResidential District, presented and read. BY THE CITY COUNCIL OF THE CITY OFCouncil Member Voetberg moved that the DUBUQUE, IOWA:requirement that a proposed Ordinance be Section 1. That the attached City ofconsidered and voted on for passage at two Dubuque and Dubuque County FundingCouncil Meetings prior to the meeting at which Agreement for the reconstruction of a portionit is to be finally passed be suspended. of North Cascade Road in Section 34 ofSeconded by Council Member Buol. Motion Dubuque Township be approved.carried 7-0. Council Member Voetberg moved Section 2. That the Mayor be authorizedthat a Public Hearing be held on the proposed and directed to execute two copies of the CityOrdinance on the 5th day of May, 1997 at 7:00 of Dubuque and Dubuque County Fundingp.m. in the Public Library Auditorium and Agreement.direct the City Clerk to publish notice in the Passed, approved and adopted this 21stmanner prescribed by law. Seconded by day of April, 1997.Council Member Buol. Motion carried 7-0. Terrance M. Duggan, Mayor Attest:Zoning Advisory Commission advising of Karen M. Chesterman, Deputy City Clerktheir approval, with conditions, of the Council Member Michalski moved adoptionrequested rezoning from AG Agricultural Dis. of the Resolution. Seconded by Councilto PUD Planned Unit Development with a PI Member Voetberg. Carried by the followingPlanned Industrial designation to allow vote: Yeas—Mayor Duggan, Council Membersdevelopment of an industrial park at the Buol, Krieg, Michalski, Nicholson, Voetberg.Southeast Corner of Highway 61/151 and Nays—Council Member Robbins.Lake Eleanor, presented and read. Council Member Voetberg moved that the City Manager requesting Public Hearing becommunication be received and filed. set for FY 97 Budget Amendment, presentedSeconded by Council Member Buol. Motion and read. Council Member Krieg moved thatcarried 7-0. the communication be received and filed. Seconded by Council Member Robbins.An Ordinance Amending the Zoning Map Motion carried 7-0. by reclassifying property at the SE Corner of Highway 61/151 and Lake Eleanor Rd. from RESOLUTION NO. 167-97AG Agricultural Dis. to PUD Planned Unit RESOLUTION DIRECTING THE CITYDevelopment Dis. with a PI Planned Industrial CLERK TO PUBLISH PROPOSEDDis. Designation and Adopting a Conceptual Regular Session, April 21, 1997 Development Plan, with Conditions, for thePaving Project. Dubuque Industrial Center - South, presentedNOW THEREFORE, BE IT RESOLVED and read. Council Member Voetberg movedBY THE CITY COUNCIL OF THE CITY OF that the requirement that a proposedDUBUQUE, IOWA: Ordinance be considered and voted on forThat on the 19th day of May, 1997, a public passage at two Council Meetings prior to thehearing will be held at 7:00 p.m. in the Public meeting at which it is to be finally passed beLibrary Auditorium at which time interested suspended. Seconded by Council Memberpersons may appear and be heard for or Buol. Motion carried 7-0. Council Memberagainst the proposed plans and specifications, Voetberg moved that a Public Hearing be heldform of contract and cost of said improvement, on the proposed Ordinance on the 5th day ofand the City Clerk be and is hereby directed to May, 1997 at 7:00 p.m. in the Public Librarycause a notice of time and place of such Auditorium and that the City Clerk publishhearing to be published in a newspaper having notice in the manner prescribed by law.general circulation in the City of Dubuque, Seconded by Council Member Buol. MotionIowa, which notice shall be not less than four carried 7-0. days nor more than twenty days prior to the day fixed for its consideration. At the hearing, City Manager and Police Chiefany interested person may appear and file recommending to set public hearings for 5-5-objections to the proposed plans, 97 regarding assessment of License Penaltiesspecifications, contract, or estimated cost of for Alcohol Violations (Mulgrew Oil dbathe improvement. Asbury Amoco Foodshop, 3300 Asbury; ArPassed, adopted and approved this 21st Con Inc. dba Arbys/C-Store, 10 Main St.; Moloday of April, 1997. Oil Co, dba Big 10 Mart Car Wash, 1875Terrance M. Duggan, Mayor J.F.K. Road; Hill Street Plaza, Inc. dba OkyAttest: Doky #8 Foods, 535 Hill St., presented andKaren M. Chesterman, Deputy City Clerk read. Council Member Voetberg moved thatCouncil Member Voetberg moved adoption the communications be received and filed andof the Resolution. Seconded by Council set for Public Hearing on 5-5-97 at 7:00 p.m.Member Krieg. Motion carried 7-0. in the Public Library Auditorium and noticeRESOLUTION NO. 170-97 given as prescribed by law. Seconded byORDERING BIDS Council Member Robbins. Motion carried 7-NOW THEREFORE, BE IT RESOLVED 0. BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: City Manager submitting documents for theThat the 1997 Asphalt Paving Project is public bidding procedure for the Asphalthereby ordered to be advertised for bids for Paving Project, presented and read. Councilconstruction. Member Voetberg moved that theBE IT FURTHER RESOLVED, that the communications be received and filed.amount of the security to accompany each bid Seconded by Council Member Krieg. Motionshall be in an amount which shall conform to carried 7-0. the provisions of the notice to bidders hereby approved as a part of the plans and RESOLUTION NO. 168-97specifications heretofore adopted. PRELIMINARY APPROVALThat the City Clerk is hereby directed to OF PLANS AND SPECIFICATIONSadvertise for bids for the construction of the NOW THEREFORE, BE IT RESOLVEDimprovements herein provided, to be published BY THE CITY COUNCIL OF THE CITY OFin a newspaper having general circulation in DUBUQUE, IOWA:the City of Dubuque, Iowa, which notice shall That the proposed plans, specifications,not be less than four days nor more than form of contract and estimated cost for thetwenty days prior to the receipt of said bids at 1997 Asphalt Paving Project, in the estimated2:00 p.m. on the 8th day of May, 1997. Bids amount of $1,189,020.34, are herebyshall be opened and read by the City Clerk at approved and ordered filed in the office of thesaid time and will be submitted to the Council City Clerk for public inspection.for final action at 7:00 p.m. on the 19th day of Passed, adopted and approved this 21stMay, 1997. day of April, 1997.Passed, adopted and approved this 21st Terrance M. Duggan, Mayorday of April, 1997. Attest:Terrance M. Duggan, Mayor Karen M. Chesterman, Deputy City ClerkAttest: Council Member Voetberg moved adoptionKaren M. Chesterman, Deputy City Clerk of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption Member Krieg. Motion carried 7-0. of the Resolution. Seconded by Council RESOLUTION NO. 169-97Member Krieg. Motion carried 7-0. FIXING DATE OF HEARINGCity Manager submitting documents ON PLANS AND SPECIFICATIONSproviding for the bidding process for the 1997 Whereas, the City Council of the City ofP.C. Concrete Paving Project (FY 1998), Dubuque, Iowa has given its preliminarypresented and read. Council Member approval on the proposed plans,Michalski moved that the communication be specifications, and form of contract andreceived and filed. Seconded by Council placed same on file in the office of the CityMember Buol. Motion carried 7-0. Clerk for public inspection of the 1997 Asphalt Regular Session, April 21, 1997 RESOLUTION NO. 171-97Council, for the 1997 P.C. Concrete Paving PRELIMINARY APPROVALProject. OF PLANS AND SPECIFICATIONSNOW THEREFORE, BE IT RESOLVED NOW THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA: DUBUQUE, IOWA:That the City Council deems it advisable That the proposed plans, specifications,and necessary for the public welfare to make form of contract and estimated cost for thethe herein mentioned improvements, and 1997 P.C. Concrete Paving Project, in theunless property owners at the time of the final estimated amount of $1,169,796.73, areconsideration of this proposed resolution have hereby approved and ordered filed in the officeon file with the City Clerk objections to the of the City Clerk for public inspection.resolution of necessity, they shall be deemed Passed, adopted and approved this 21stto have waived all objections pertaining to the day of April, 1997.regularity of the proceeding and the legality of Terrance M. Duggan, Mayorusing the special assessment procedure. Attest:Said improvements shall be constructed Karen M. Chesterman, Deputy City Clerkand done in accordance with the plans and Council Member Michalski moved adoptionspecifications which have been approved by of the Resolution. Seconded by Councilthe City Council and now on file with the City Member Buol. Motion carried 7-0. Clerk. That the cost and expense of making such improvement will be assessed partially or RESOLUTION NO. 172-97totally against privately owned property lying FIXING DATE OF HEARINGwith the assessment limits, and in an amount ON PLANS AND SPECIFICATIONSnot to exceed that provided by law, and in Whereas, the City Council of the City ofproportion to the special benefits conferred. Dubuque, Iowa has given its preliminaryThe portion of the cost which shall be approval on the proposed plans,borne by the City will be paid from Local specifications, and form of contract andOption Sales Tax Funds, and special placed same on file in the office of the Cityassessment bonds may be issued in Clerk for public inspection of the 1997 P.C.anticipation of deferred payments of Concrete Paving Project.assessments when a contract has been NOW THEREFORE, BE IT RESOLVEDperformed and accepted, and the proceeds BY THE CITY COUNCIL OF THE CITY OFthereof used to pay the contractor. DUBUQUE, IOWA:The above resolution was introduced, That on the 19th day of May, 1997, a publicapproved and ordered placed on file with the hearing will be held at 7:00 p.m. in the PublicCity Clerk this 21st day of April, 1997. Library Auditorium at which time interestedApproved and placed on file for final action. persons may appear and be heard for orTerrance M. Duggan, Mayor against the proposed plans and specifications,Attest: form of contract and cost of said improvement, Karen M. Chesterman, Deputy City Clerk and the City Clerk be and is hereby directed toCouncil Member Michalski moved adoption cause a notice of time and place of suchof the Resolution. Seconded by Council hearing to be published in a newspaper havingMember Buol. Motion carried 7-0. general circulation in the City of Dubuque, Iowa, which notice shall be not less than fourRESOLUTION NO. 174-97 days nor more than twenty days prior to theFIXING DATE OF HEARING day fixed for its consideration. At the hearing,ON RESOLUTION OF NECESSITY any interested person may appear and fileWhereas, the City Council of the City of objections to the proposed plans,Dubuque, Iowa, has given its preliminary specifications, contract, or estimated cost ofapproval on the proposed plans,specifications the improvement.and form of contract Passed, adopted and approved this 21st day of April, 1997. and placed same on file in the office of the Terrance M. Duggan, MayorCity Clerk for public inspection, for the 1997 Attest:P.C. Concrete Paving Project, and, Karen M. Chesterman, Deputy City ClerkWhereas, the proposed Resolution of Council Member Michalski moved adoptionNecessity for said improvement has been of the Resolution. Seconded by Councilintroduced and is now on file in the City Member Buol. Motion carried 7-0. Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 173-97BY THE CITY COUNCIL OF THE CITY OF RESOLUTION OF NECESSITYDUBUQUE, IOWA: Whereas, proposed plans have been dulyThat on the 19th day of May, 1997, a public prepared and approved by the City Council ofhearing will be held at 7:00 o'clock p.m. in the the City of Dubuque and are now on file in thePublic Library Auditorium in the City of office of City Clerk showing among otherDubuque at which time the owners of property things the plans, specifications, form ofsubject to assessment for the proposed contract, estimated cost and preliminary platimprovement or any other person having an and schedule showing the amount proposedinterest in the matter may appear and be heard to be assessed against each lot and thefor or against the making of the improvement, valuation of each lot as filed by the Citythe boundaries of the district, the cost, the Regular Session, April 21, 1997 assessment against any lot, or the finalSection 2. That the conveyance of the adoption of a resolution of necessity and theCity’s interest shall be for the sum of City Clerk be and is hereby authorized and$1,447.00. directed to cause a notice of time and place ofSection 3. That the existing maintenance such hearing to be published in a newspapereasement to the Iowa Department of having general circulation in the City ofTransportation shall remain in full force and Dubuque, Iowa, which notice shall beeffect. published once each week for two consecutiveSection 4. That the City Clerk be and is weeks, the first publication of which shall behereby authorized and directed to cause a not less than ten days prior to the day fixed fornotice to be published as prescribed under its consideration. Unless property owners atSection 364.7, Disposal of Property, in the the time of the final consideration of thisCode of Iowa. proposed resolution have on file with the CityPassed, approved and adopted this 21st Clerk objections to the Resolution of Necessityday of April, 1997. they shall be deemed to have waived allTerrance M. Duggan, Mayor objections thereto.Attest: Passed, adopted and approved this 21stKaren M. Chesterman, Deputy City Clerk day of April, 1997.Council Member Voetberg moved adoption Terrance M. Duggan, Mayorof the Resolution. Seconded by Council Attest:Member Buol. Motion carried 7-0. Karen M. Chesterman, Deputy City Clerk Council Member Michalski moved adoptionCity Manager submitting documents of the Resolution. Seconded by Councilproviding for the bidding process for the site Member Buol. Motion carried 7-0. grading associated with the development of the Dubuque Industrial Center - South, RESOLUTION NO. 175-97presented and read. Council Member RESOLUTION APPROVING PRELIMINARYVoetberg moved that the communication be SCHEDULE OF ASSESSMENTSreceived and filed. Seconded by Council NOW THEREFORE, BE IT RESOLVEDMember Buol. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:RESOLUTION NO. 177-97 That the attached sheets, 1 to 6 inclusive,PRELIMINARY APPROVAL are hereby determined to be the schedule ofOF PLANS AND SPECIFICATIONS proposed assessments for the 1997 P.C.NOW THEREFORE, BE IT RESOLVED Paving Project and the valuations set outBY THE CITY COUNCIL OF THE CITY OF herein are hereby approved.DUBUQUE, IOWA: Passed, approved and adopted this 21stThat the proposed plans, specifications, day of April, 1997.form of contract and estimated cost for the Terrance M. Duggan, MayorDubuque Industrial Center\South Site Attest:Grading, in the estimated amount of Karen M. Chesterman, Deputy City Clerk$1,616,830.00, are hereby approved and Council Member Michalski moved adoptionordered filed in the office of the City Clerk for of the Resolution. Seconded by Councilpublic inspection. Member Buol. Motion carried 7-0. Passed, adopted and approved this 21st City Manager submitting documentsday of April, 1997. disposing of City’s interest in City Lot 537A,Terrance M. Duggan, Mayor which is between Main St. and the alley westAttest: of Main St. to Atlast Fluid Power Co.,Karen M. Chesterman, Deputy City Clerk presented and read. Council MemberCouncil Member Voetberg moved adoption Voetberg moved that the communication beof the Resolution. Seconded by Council received and filed. Seconded by CouncilMember Buol. Motion carried 7-0. Member Buol. Motion carried 7-0. RESOLUTION NO. 178-97 RESOLUTION NO. 176-97FIXING DATE OF HEARING RESOLUTION OF INTENT TO DISPOSE OF ON PLANS AND SPECIFICATIONS INTEREST IN CITY LOT 537A IN THE CITYWhereas, the City Council of the City of OF DUBUQUE, IOWA TO ATLAST FLUIDDubuque, Iowa has given its preliminary POWER COMPANYapproval on the proposed plans, Whereas, the City of Dubuque is thespecifications, and form of contract and current owner of City Lot 537A in the City ofplaced same on file in the office of the City Dubuque, Iowa; andClerk for public inspection of the Dubuque Whereas, Mr. Don D. Junk is the abuttingIndustrial Center\South Site Grading. property owner and has petitioned to purchaseNOW THEREFORE, BE IT RESOLVED said property from the City.BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OFThat on the 19th day of May, 1997, a public DUBUQUE, IOWA:hearing will be held at 7:00 p.m. in the Public Section 1. That the City of Dubuque, IowaLibrary Auditorium at which time interested intends to dispose of its interest in City Lotpersons may appear and be heard for or 537A in the City of Dubuque, Iowa to Atlastagainst the proposed plans and specifications, Fluid Power Company.form of contract and cost of said improvement, Regular Session, April 21, 1997 and the City Clerk be and is hereby directed toMotion carried 7-0. The meeting adjourned at cause a notice of time and place of such8:55 p.m. hearing to be published in a newspaper having general circulation in the City of Dubuque,Karen M. Chesterman Iowa, which notice shall be not less than fourDeputy City Clerk days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and fileApproved , 1997 objections to the proposed plans, specifications, contract, or estimated cost ofAdopted , 1997 the improvement. Passed, adopted and approved this 21st day of April, 1997. Terrance M. Duggan, MayorMayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 179-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Industrial Center\South Site Grading is hereby ordered to beCouncil Members advertised for bids for construction.Attest: BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform toCity Clerk 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 13th day of May, 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 19th day of May, 1997. Passed, adopted and approved this 21st day of April, 1997. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. At 7:58 p.m. Michalski moved to go into Closed session in accordance with Ch. 21.5 1. (j) 1995 Code of Iowa to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Buol. Motion carried 7-0. At 8:54 p.m. Council reconvened Regular Session stating that staff had been given direction. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Buol. Special Session, April 28, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, Monday, April 28, 1997 Council Met at 5:15 P.m. Conference Room “B” City Hall. Approved , 1997 Present—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Adopted , 1997 Robbins, Voetberg, City Manager Michael Van Milligan, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this Mayor is a Special Session of the City Council called for the purpose to go into Closed Session in accordance with Chapter 21.5 1(j) Code of Iowa 1995, as amended, to discuss purchase of particular real estate. At 5:18 P.M. Council Member Voetberg moved to go into Closed Session in accordance with Chapter 21.5 (j) Code of Iowa 1995, as amended, to Discuss purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body Council Members would have to pay for that property. Seconded Attest: by Council Member Nicholson. Motion carried 7-0. City Clerk Council reconvened in Regular Session at 5:50 with the Mayor advising Staff had been given proper direction. There being no further business, Council Michalski moved to adjourn. Seconded by Council Member Voetberg. Motion carried 7- 0. The meeting adjourned at 5:51 p.m. Mary A. Davis CMC City Clerk