1997 June Council Proceedings
Regular Session, June 2, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, June 2,
1997
Council met at 5:30 p.m., Board Room,
Second Floor, Carnegie Stout Public Library
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen.
Approved , 1997
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
Adopted , 1997
for the purpose to go into Closed Session to
evaluate the professional competency of the
City Manager.
Mayor
Council Member Michalski moved to go into
Closed Session — In accordance with
Chapter 21.5 1.(I) 1997 Code of Iowa as
amended, To evaluate the professional
competency of an individual whose
performance is being considered (City
Manager) and that individual has requested a
closed session. Seconded by Council
Member Voetberg. Motion carried 7-0.
Council reconvened Regular Session at
6:29 p.m. with statement that Staff had been
given direction.
Council Members
Attest:
There being no further business, Council
Member Michalski moved to adjourn.
Seconded by Council Member Voetberg.
City Clerk
Motion carried 7-0. The meeting adjourned at
6:30 p.m.
Mary A. Davis CMC
City Clerk
Regular Session, June 2, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June 2,
1997.
Council Met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Rev. Ron Schardt
of Wartburg Theological Seminary.
Proclamations: June 14 & 15 as "Rising
Stars/Independent League Days" received by
Wayne Schnier; First Week of June as "Small
Business Week" received by Charlie Tonn.
MINUTES SUBMITTED—Cable TV
Regulatory Commission of 5-14; Dispute
Resolution Center Advisory Board of 5-6;
Environmental Stewardship Advisory
Commission of 5-6; Five Flags Commission of
5-19; Housing Code Appeals Board of 4-15;
Housing Commission Trust Fund Committee
of 5-9; Park & Recreation Commission of 5-
13; Public Library Board of Trustees of 4-30;
Transit Trustee Board of 5-8, presented and
read. Council Member Buol moved that the
minutes be received and filed. Seconded by
Council Member Michalski. Motion carried 7-0.
Proofs of Publication on Notice of
Combined Public Notices on Notice of finding
of No Significant Impact on the Environment
for "Iowa Inn Project"; Printed Council
Proceedings for meeting of 5-5, presented and
read. Council Member Buol moved that the
proofs be received and filed. Seconded by
Council Member Michalski. Motion carried 7-
0.
NOTICES OF CLAIMS/SUITS — Keith E.
Kelly in unknown amount for property
damages; Katherine Lynch in amount of
$1635.63 for backed -up sewer damages; Paul
Sandman in amount of $3,247.66 for backed -
up sewer damages; Robert D. Storck in
amount of $298.81 for vehicle damages; Irene
A. Vos vs. City of Dubuque in unknown
amount for personal injuries, presented and
read. Council Member Buol moved that the
claims and suits be referred to the Legal Staff
for investigation and report. Seconded by
Council Member Michalski. Motion carried 7-
0.
Corporation Counsel advising following
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
Assurance Pool; Personal injury of Joyce M.
Haudenshield; Property damage of Gerald R.
Welbes, presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
Corporation Counsel recommending denial
of property damage claim of Donald F.
Breiner; Vehicle damage claim of Peter
Lippstock, presented and read. Council
Member Buol moved that the communication
be received and filed and denials approved.
Seconded by Council Member Michalski.
Motion carried 7-0.
Corporation Counsel recommending
authorization for settlement of lawsuit of City
of Dubuque vs. Badger Computers in the
amount of $29,000, presented and read.
Council Member Buol moved that the
communication be received and filed and
approved authorization. Seconded by Council
Member Michalski. Motion carried 7-0.
Nancy Miller, O.S.F. submitting her
resignation from Dubuque Human Rights
Commission effective June 11, 1997,
presented and read. Council Member Buol
moved that the communication be received
and filed and accepted with regret. Seconded
by Council Member Michalski. Motion carried
7-0.
Chad Swanson on behalf of Dubuque
Terminals, Inc. requesting to be part of
discussion regarding Dodds River Terminal's
desire to lease additional land adjacent to their
property, presented and read. Council
Member Buol moved that the communication
be referred to the City Manager. Seconded by
Council Member Michalski. Motion carried 7-
0.
John Nelson requesting utility services be
provided to the annexed areas, presented and
read. Council Member Buol moved that the
matter be referred to the City Manager.
Seconded by Council Member Michalski.
Motion carried 7-0.
Iowa DOT advising of their intent to sell
property no longer needed for highway
purposes in Locust Street, Bissell Lane and
First Street area, presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager recommending approval of
FY'98 Wage Plan for nonbargaining unit
employees and Collective Bargaining
Agreement with International Union of
Operating Engineers, presented and read.
Regular Session, June 2, 1997
Council Member Buol moved that thethe Resolution. Seconded by Council Member
communication be received and filed.Michalski. Motion carried 7-0.
Seconded by Council Member Michalski.
Motion carried 7-0. City Manager submitting revised plans for
LIVEstock ‘97 project., presented and read.
RESOLUTION NO. 232-97Council Member Buol moved that the
APPROVING THE AGREEMENTcommunication be received and filed and
BETWEEN THE CITY OF DUBUQUE, IOWAapproved. Seconded by Council Member
AND THE INTERNATIONAL UNION OFMichalski. Motion carried 7-0.
OPERATING ENGINEERS, LOCAL #758
AND AUTHORIZING THE MAYOR TO SIGNMonica Meissner requesting
THE AGREEMENTreconsideration be given regarding plans for
Whereas, the Sixty-Fifth General Assemblyevents at Hawthorne Park, presented and
adopted the Public Employment Relations Act,read. Council Member Buol moved that the
Chapter 20, Code of Iowa; andcommunication be received and filed.
Whereas, the City of Dubuque is a publicSeconded by Council Member Michalski.
employer within the meaning of Section 3 (1)Motion carried 7-0.
of the Public Employment Relations Act; and
Whereas, the International Union ofCity Manager recommending participation
Operating Engineers, Local #758 is anin Section 8 Family Unification Program,
employee organization within the meaning ofpresented and read. Council Member Buol
Section 3 (4) of the Public Employmentmoved that the communication be received
Relations Act; andand filed. Seconded by Council Member
Whereas, the International Union ofMichalski. Motion carried 7-0.
Operating Engineers, Local #758, submitted a
request to bargain collectively on behalf of theRESOLUTION NO. 234-97
employees within its representation; andA RESOLUTION AUTHORIZING THE
Whereas, bargaining between the partiesMAYOR TO EXECUTE AN APPLICATION
has occurred and an agreement has beenTO PARTICIPATE IN THE SECTION 8
concluded.FAMILY UNIFICATION PROGRAM
NOW, THEREFORE, BE IT RESOLVEDWhereas, the City of Dubuque recognizes
BY THE CITY COUNCIL OF THE CITY OFthe continuing unmet need for provision of
DUBUQUE, IOWA:assisted housing to the City's qualifying lower-
Section 1. That the terms of theincome families; and
Agreement be approved and the MayorWhereas, the City has continuously
authorized and directed to sign the collectiveprovided housing assistance to Section 8
bargaining agreement.Housing Program tenants, since 1976; and
Passed, approved and adopted this 2nd ofWhereas, the U.S. Department of Housing
June, 1997.and Urban Development has made funding
Terrance M. Duggan, Mayoravailable to encourage municipalities to
Attest: Mary A. Davis, City Clerkimplement innovative programs promoting the
Council Member Buol moved adoption ofeconomic independence of lower-income
the Resolution. Seconded by Council Memberfamilies, through cooperating efforts of the
Michalski. Motion carried 7-0. public and private sectors; and
Whereas, and in accordance with Section
RESOLUTION NO. 233-97403A.5 of the Iowa Code which states
APPROVING THE WAGE PLAN AND"A municipality or a 'Municipal Housing
COMPENSATION PACKAGE FOR NON-Agency' may not proceed with a housing
BARGAINING UNIT EMPLOYEESproject until a study or a report and
Whereas, it has been the practice torecommendation on housing available
provide a compensation package to non-within the community is made public by the
bargaining unit employees similar to themunicipality or agency and is included in its
compensation package to be received byrecommendation for a housing project.
bargaining unit employees; andRecommendations must receive majority
Whereas, the proposed wage plan for non-approval from the local governing body
bargaining unit employees represents anbefore proceeding on the housing project."
increase of 2.75 percent across the boardAND IN ACCORDANCE WITH Section
effective July 1, 1997, which is consistent with213(c) of the Housing and Community
the wage increase to be received by four of theDevelopment Act of 1974, which states in
City's bargaining units.part that it must be determined whether or
NOW, THEREFORE, BE IT RESOLVEDnot there is a need for such housing
BY THE CITY COUNCIL OF THE CITY OFassistance, taking into consideration any
DUBUQUE, IOWA:applicable State or areawide housing
Section 1. That the wage plan andassistance plan as well as generally
compensation package for non-bargaining unitavailable data with respect to population,
employees is hereby approved.poverty, housing over-crowding, housing
Passed, approved and adopted this 2ndvacancies and substandard housing. An
day of June, 1997.application may be approved only if this
Terrance M. Duggan, Mayordetermination is in the affirmative; and
Attest: Mary A. Davis, City ClerkWhereas, this application is consistent with
Council Member Buol moved adoption ofthe 1994 Comprehensive Housing Affordability
Regular Session, June 2, 1997
Strategy for the City of Dubuque.Plat thereof; and
NOW THEREFORE, BE IT RESOLVEDWhereas, Donald H. Schiltz has executed
BY THE CITY COUNCIL OF DUBUQUE,a conveyance of said property.
IOWA:NOW, THEREFORE, BE IT RESOLVED
Section 1.The City of Dubuque hasBY THE CITY COUNCIL OF THE CITY OF
determined there is a need for additionalDUBUQUE, IOWA:
housing assistance and is knowledgeable ofSection 1. The City Council of the City of
the status of available housing within the CityDubuque, Iowa, hereby approves of, accepts
as required by Iowa Code and that majorityand consents to the Warranty Deed from
approval of the proposed housing activityDonald H. Schiltz, copies of which are
within the City's jurisdiction is hereby granted.attached hereto, as required by Iowa Code
Section 2.This resolution is intended toSection 569.7.
serve as the City of Dubuque's final notice toSection 2. The Mayor is hereby authorized
the U.S. Department of Housing and Urbanand directed to execute and acknowledge on
Development of such approval and that nobehalf of the City of Dubuque any instruments
additional comment will be made by the City ofin connection herewith.
Dubuque on this matter.Passed, approved and adopted this 2nd
Section 3.The Mayor is authorized andday of June, 1997.
directed to execute an application to the U.S.Terrance M. Duggan, Mayor
Department of Housing and UrbanAttest: Mary A. Davis, City Clerk
Development for participation in the Section 8Council Member Buol moved adoption of
Housing Family Unification Program.the Resolution. Seconded by Council Member
Section 4.The City of Dubuque HousingMichalski. Motion carried 7-0.
Commission is hereby directed to conduct the
necessary public hearing regarding thisRESOLUTION NO. 236-97
application in accordance with requirements ofNOW, THEREFORE, BE IT RESOLVED
Chapter 403.A.28 of the Code of Iowa, toBY THE CITY COUNCIL OF THE CITY OF
review and/or approve or suggestDUBUQUE, IOWA:
modifications of the plans for program designThat the following having complied with the
and administration of this proposed program.provisions of law relating to the sale
Section 5.The City Manager is herebyof Cigarettes within the City of Dubuque, Iowa,
authorized and directed to forward saidbe granted a permit to sell Cigarettes and
application and resulting standard executedCigarette Papers within said City.
contract to the respective agencies in a timelyNEW
fashion and as required by the U.S.Tobacco Outlet Plus #504 Kwik Trip, Inc.
Department of Housing and Urban806 Wacker Dr #140
Development.Passed, approved and adopted this 2nd
Passed, approved and adopted this 2 dayday of June, 1997.
of June, 1997.Terrance M. Duggan, Mayor
Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk
Attest: Mary A. Davis, City ClerkCouncil Member Buol moved adoption of
Council Member Buol moved adoption ofthe Resolution. Seconded by Council Member
the Resolution. Seconded by Council MemberMichalski. Motion carried 7-0.
Michalski. Motion carried 7-0.
RESOLUTION NO. 237-97
Iowa Department of EconomicNOW, THEREFORE, BE IT RESOLVED BY
Development advising of State of IowaTHE CITY COUNCIL OF THE CITY OF
Continuum of Care and Application for fundsDUBUQUE, IOWA:
and describing requirements for submissions,That the following having complied with the
presented and read. Council Member Buolprovisions of law relating to the sale
moved that the communication be receivedof Cigarettes within the City of Dubuque, Iowa,
and filed. Seconded by Council Memberbe granted a permit to sell Cigarettes and
Michalski. Motion carried 7-0. Cigarette Papers within said City.
63 RENEWALS
City Manager recommending acceptance of5-Point MartE Kretz
a warranty deed for right-of-way on Kelly Lane,405 Rhomberg
presented and read. Council Member Buol16th St Auto/Truck PlazaMulgrew Oil Co.
moved that the communication be received1215 E 16th St.
and filed. Seconded by Council MemberAdmiral’s Hi-Hat West Inc.Donald Meyer
Michalski. Motion carried 7-0. 253 Main St.
Aragon TapMyra Woodman
RESOLUTION NO. 235-971103 Iowa St.
A RESOLUTION ACCEPTING AAsbury AMOCO FoodshopMulgrew Oil Co.
CONVEYANCE OF PROPERTY ON KELLY3300 Asbury Rd.
LANE TO THE CITY OF DUBUQUE, IOWABeecher Co. Inc.Beecher Co. Inc.
Whereas, the City of Dubuque entered into1691 Asbury Rd.
an Acquisition Agreement with Donald H.Bodines LoungeJeff Demmer
Schiltz, dated May 8, 1997, pursuant to which1445 Central Ave.
Donald H. Schiltz agreed to convey a part ofCaseys General StoreMonday Co.
Lot 1 of Roepsch Place in the City of4003 Peru Rd.
Dubuque, Iowa, as shown on the AcquisitionAngel Inv. Co.Angel Inv. Co.
Regular Session, June 2, 1997
2699 Rockdale Rd.Oky Doky Foods #6TFM Co.
Cedar Cross AMOCO TBTB Inc.1256 Iowa St.
1010 Cedar CrossOky Doky Foods #8Hill St Plaza
Central TapMyra Woodman535 Hill St.
1046 Central Ave.Oky Doky Foods #14Kristina Chapman
Creslanes BowlingCrescent Electric Supp.1050 University Ave.
255 S. MainOky Doky Foods #15Jena, Inc
Cue Master BilliardsMarvin Rapp1101 Rhomberg Ave.
900 Central Ave.Oky Doky Foods #21Trans-Miss Inc.
DBQ Greyhound Park/CasinoDBQ-2010 Kerper Blvd.
Racing Assoc. 1855 Greyhound Pk.Pasta O’Shea’sKahn Family Enterp
Eagle Country Market #320 Eagle Food395 W 9th St.
Centers Inc.2050 JFK Rd.Pipe InnBetty Kremer
Eagle Country Market #130 Eagle Food555 JFK-Kennedy Mall
Centers Inc.1800 Elm St.Plaza 20 AMOCO Foodshop
Eagle Country Market #018Eagle FoodMulgrew Oil Com.2600 Dodge St.
Centers Inc.300 S Locust St.Positively 14th StAngela Mangeno
Family Mart, Inc.Family Mart, Inc.1401 Elm St
3201 Central Ave.Riverside Bowl Inc.Riverside Bowl Inc.
Family Beverage CenterFamily Beverage1860 Hawthorne St.
Center3400 Central Ave.Sids BeverageBeverly Miller
Fischer Bowling LanesPlastic Center Inc.2727 Dodge St.
880 LocustUnion Cigar StoreWhite Tiger Inc
Goetz’s James W. Goetzinger336 Main St.
2776 JacksonVenture Store, Inc.#27 Venture Store, Inc.
Happy’s PlaceP.M.S.T. Inc.255 JFK Rd.
2323 Rockdale Rd.Walgreens #377Walgreen Co.
IOCO Speede Shoppe #2555 JFK-Kennedy Mall
Iowa Oil Com.2335 University Ave.Wal-Mart #2004Wal-Mart
IOCO Speede Shoppe #3 4200 Dodge St.
Iowa Oil Com. 1998 Jackson St.Walnut TapCraig Weiner
IOCO Speede Shoppe #17709 University Ave.
Iowa Oil Com.2150 Twin Valley Dr.Wareco Service, Inc.Wareco Service Inc.
IOCO Speede Shoppe #33700 Rhomberg Ave.
Iowa Oil Com.3200 Central Ave.West Locust MartLee W. Potter
IOCO Speede Shoppe #93408 W Locust St.
Iowa Oil Com.3250 Dodge St.Windsor TapG & J’s Inc.
Iowa Potato & Produce House2401 Windsor Ave.
George E Waddell2600 Dodge St.Passed, approved and adopted this 2nd
JFK AMOCO Foodshopday of June, 1997.
Mulgrew Oil Com.1701 JFK Rd.Terrance M. Duggan, Mayor
K-MartK-Mart CorpAttest: Mary A. Davis, City Clerk
2600 Dodge St.Council Member Buol moved adoption of
Kalmes Breaktime Bar/Grillthe Resolution. Seconded by Council Member
Michael Kalmes1097 Jackson St.Michalski. Motion carried 7-0.
Loras AMOCO Foodshop
Mulgrew Oil Co.1450 Loras Blvd.RESOLUTION NO. 238-97
Mike’s 76 Auto CenterWhereas, applications for Beer Permits
Mike Remakel 2205 Carter Rd.have been submitted and filed to this Council
Econofoods #471Nash-Finch Comfor approval and the same have been
3355 JFK Circleexamined and approved; and
FDL Foods, Inc.FDL Foods Retail MrktWhereas, the premises to be occupied by
701 E 16th St.such applicants were inspected and found to
Hy-Vee Inc.Hy-Vee Inc.comply with the Ordinances of this City and
3500 Dodge St.have filed proper bonds.
Knickers SaloonCurtis L. GerhardNOW, THEREFORE, BE IT RESOLVED
2186 Central Ave.BY THE CITY COUNCIL OF THE CITY OF
Liquor DepotTimothy QuaglianoDUBUQUE, IOWA:
1620 JFK Rd.That the Manager be authorized to cause to
Martin Automagic Car Washbe issued the following named applicants a
Pride Service Inc.2175 Central Ave.Beer Permit.
Martin Oil at DBQPride Service Inc.CLASS “B” BEER PERMIT
280 Locust St.Prospect Pizza LtdPizza Hut #2+
Monte Carlo Restr.Larry Gee(Sunday Sales)320 E 20th St.
378 Main St.Prospect Pizza Ltd.Pizza Hut #1
Neighbors Tap Inc.Wm Skinner+(Sunday Sales)2075 JFK Rd.
1899 Rockdale Rd.CLASS “C” BEER PERMIT
Oky Doky Foods #1TFM CoKwik Trip, Inc.Tobacco Outlet Plus#504
.250 W 1st St.+(Sunday Sl)806 Wacker Dr.
Oky Doky Foods #2TFM Co.CLASS “C” BEER PERMIT
51 W 32nd St. (5-Day Special Event)
Regular Session, June 2, 1997
Donna GinterCatfish FestivalLONG RANGE PLANNING
(6-26 thru 29)Hawthorne St.COMMISSION:
(Sunday/Outdoor Service)Applicant: Richard Stein. Mr. Stein spoke.
Bob’s Country Bunker Bob’s Country
Bunker (6-18 thru 22)Hawthorne-EastZONING ADVISORY COMMISSION:
(Sunday/Outdoor Service)Applicants: Stephen F. Hardie, Don
Bob’s Country BunkerTent #1Lochner, Ferd A. Nesler and Ron Smith. Ron
(6-18 thru 22)Hawthorne-WestSmith spoke. Commissioner Hardie relayed
(Sunday/Outdoor Service)the message that he was unable to be in
Bob’s Country Bunker Tent # 2attendance to speak but still is interested in
(6-18 thru 22)Hawthorne-Southbeing reappointed.
(Sunday/Outdoor Service)
Dubuque JayceesDubuque JayceesCouncil Member Voetberg moved that the
+(Outdoor Serv)Town Clock Plazarules be suspended to allow anyone present to
(6-20,7-18,8-15,9-15)address the Council if they so desire.
Passed, approved and adopted this 2ndSeconded by Council Member Buol. Motion
day June, 1997.carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City ClerkProof of publication certified to by the
Council Member Buol moved adoption ofPublisher on Notice of Public Hearing to
the Resolution. Seconded by Council Memberreclassify property west of 11376 North
Michalski. Motion carried 7-0. Cascade Road and East Tyra Lane from R-3
to C-2 District, presented and read. Council
RESOLUTION NO. 239-97Member Voetberg moved that the proof be
Whereas, applications for Liquor Licensesreceived and filed. Seconded by Council
have been submitted to this Council forMember Buol. Motion carried 7-0.
approval and the same have been examined
and approved; andJohn Whalen spoke requesting the
Whereas, the premises to be occupied byrezoning.
such applicants were inspected and found to
comply with the State Laws and all CityAn Ordinance Amending Zoning Map by
Ordinances relevant thereto and they havereclassifying property located West of Happy
filed proper bonds.Tails Kennel at 11376 North Cascade Road
NOW, THEREFORE, BE IT RESOLVEDand East of Tyra Lane from R-3 Moderate
BY THE CITY COUNCIL OF THE CITY OFDensity Multi-Family Residential District to C-2
DUBUQUE, IOWA:Neighborhood Shopping Center District, with
That the Manager be authorized to cause tofirst and second readings given on 5-19-97,
be issued the following named applicants anow presented for final action.
Liquor License.
CLASS "C" (COMMERCIAL)(OFFICIAL PUBLICATION)
BEER & LIQUOR LICENSEORDINANCE NO. 31-97
Bernice Bauer“B”z Dart InnAN ORDINANCE AMENDING APPENDIX A
+(Sunday Sales)431 Rhomberg Ave.(THE ZONING ORDINANCE) OF THE CITY
Creslanes BowlingCreslanes Bowl OF DUBUQUE CODE OF ORDINANCES,
+(Sunday Sales)255 S. MainBY RECLASSIFYING HEREINAFTER
Jason Inc.Park SquareDESCRIBED PROPERTY LOCATED WEST
+(Sunday Sales)600 Central Ave.OF HAPPY TAILS KENNEL AT 11376
Dog Gone Inc.Dog House LoungeNORTH CASCADE ROAD AND EAST OF
(Outdoor Serv)1646 Asbury Rd.TYRA LANE FROM R-3 MODERATE
CLASS “C” (COMMERCIAL)DENSITY MULTI-FAMILY RESIDENTIAL
BEER & LIQUOR LICENSEDISTRICT TO C-2 NEIGHBORHOOD
(5 DAY SPECIAL EVENT)SHOPPING CENTER DISTRICT.
Bob’s Country Bunker Co.VIP LoungeNOW, THEREFORE, BE IT ORDAINED
+(Sunday & Outdoor)Hawthorne St Pen. BY THE CITY COUNCIL OF THE CITY OF
CLASS C “WB” WINE PERMITDUBUQUE, IOWA:
Creative Touch GalleryOOH LA LASection 1. That Appendix A (the Zoning
3460 HillcrestOrdinance) of the City of Dubuque Code of
Passed, approved and adopted this 2ndOrdinances is hereby amended by
day of June, 1997.reclassifying the hereinafter described
Terrance M. Duggan, Mayorproperty from R-3 Moderate Density Multi-
Attest: Mary A. Davis, City ClerkFamily Residential District to C-2
Council Member Buol moved adoption ofNeighborhood Shopping Center District, to wit:
the Resolution. Seconded by Council MemberLot 1 of McNamer Place, and to the center
Michalski. Motion carried 7-0. line of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
BOARDS AND COMMISSIONSSection 2. The foregoing amendment has
Individuals interested to serve on theheretofore been reviewed by the Zoning
following Commissions were invited toAdvisory Commission of the City of Dubuque,
address the Council to express their desire toIowa.
volunteer for the Commission.Section 3. This ordinance shall take effect
immediately upon publication, as provided by
Regular Session, June 2, 1997
law.may be authorized by the City of Dubuque,
Passed, approved and adopted this 2ndIowa, as shown on said plat.
day of June, 1997.Section 4. That the City Clerk be and is
Terrance M. Duggan, Mayorhereby authorized and directed to record a
Attest: Mary A. Davis, City Clerkcertified copy of this resolution in the office of
Published officially in the Telegraph Heraldthe City Assessor, Dubuque County Recorder
and the Dubuque County Auditor.
newspaper this 9th day of June, 1997.
Passed, approved and adopted this 2nd
1t 6/9Mary A. Davis CMC, City Clerk
day of June, 1997.
Council Member Voetberg moved final
Terrance M. Duggan, Mayor
consideration and passage of the Ordinance.
Attest: Mary A Davis, City Clerk
Seconded by Council Member Buol. Motion
Council Member Buol moved adoption of
carried 7-0.
the Resolution. Seconded by Council Member
Robbins. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
Proof of publication certified to by the
dispose of City’s interest in Lot 100 Lenox
Publisher on Notice of Hearing to consider
Addition, presented and read. Council
authorization of an Offer to Buy Real Estate
Member Voetberg moved that the proof be
and Acceptance, including provisions
received and filed. Seconded by Council
Member Buol. Motion carried 7-0. providing a loan to the City in the principal
amount of $655,500 and approving a form of
Denise Erschen, 2767 Carlton St., spokeFarm Lease and City Manager recommending
requesting to buy this property. to approve offer to buy 151 acres of real
estate, presented and read. Council Member
RESOLUTION NO. 240-97Voetberg moved that the proof and
Whereas, pursuant to resolution andcommunication be received and filed.
published notice of time and place of hearing,Seconded by Council Member Krieg. Motion
published in the Telegraph Herald, acarried 7-0.
newspaper of general circulation published in
the City of Dubuque, Iowa on the 23rd day ofRESOLUTION NO. 241-97
May, 1997, the City Council of the City ofRESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF AN OFFER
Dubuque, Iowa met on the 2nd day of June,
TO BUY REAL ESTATE AND
1997, at 7:00 p.m. in the Public Library
ACCEPTANCE BETWEEN THE CITY, AS
Auditorium, 11th and Locust, Dubuque,
BUYER, AND KENNETH G. BERGFELD
Dubuque County, Iowa to consider the
AND JANET M. BERGFELD, AS SELLERS,
proposal for the sale of real estate described
INCLUDING THE FORM OF FARM LEASE
as:
ATTACHED THERETO AND MADE A PART
Lot 100 of Lenox Addition in the City of
THEREOF.
Dubuque, Iowa to Michael E. and
WHEREAS, it is deemed necessary and
Denise G. Erschen;
advisable that the City of Dubuque, Iowa (the
Whereas, the City Council of the City of
“City”), should provide for the authorization of
Dubuque, Iowa overruled any and all
an Offer to Buy Real Estate and Acceptance,
objections, oral or written, to the proposal to
including provisions providing a loan to the
dispose of interest of the City of Dubuque,
City in the principal amount of $655,500 and
Iowa, except for easements as noted, in the
approving the form of Farm Lease attached
hereinabove described real estate to Michael
thereto (together, the “Agreement”), between
E. and Denise G. Erschen.
the City, as Buyer and Kenneth G. Bergfeld
NOW, THEREFORE, BE IT RESOLVED
and Janet M. Bergfeld, as Sellers, as
BY THE CITY COUNCIL OF THE CITY OF
authorized by Sections 384.24A and 384.25,
DUBUQUE IOWA:
Code of Iowa, as amended a copy of which is
Section 1. That the disposal of the interest
now before this Council and incorporated
of the City of Dubuque, Dubuque County,
herein by this reference, for the purpose of
Iowa in real property described as lot 100 of
Lenox Addition in the City of Dubuque, Iowa toacquiring the real property described therein
Michael E. and Denise G. Erschen be and thefrom the Sellers; and
same is hereby approved for the sum of $1.00WHEREAS, the Agreement and the loan
plus cost of publication, platting and filingdescribed therein shall be payable from the
fees, conveyance shall be by Quit Claim Deed.General Fund of the City; and
Section 2. That the Mayor be authorizedWHEREAS, before a loan agreement may
and directed to execute a Quit Claim Deed,be authorized, it is necessary to comply with
and the City Clerk be and is hereby authorizedthe provisions of the City Code of Iowa, as
and directed to deliver said deed ofamended, and to publish a notice of the
conveyance to the above named granteesproposal and of the time and place of the
upon receipt of the purchase price in full.meeting at which the Council proposed to take
action for the authorization of the loan
Section 3. The City of Dubuque reserves
agreement and to receive oral and/or written
unto itself a perpetual easement including the
objections from any resident or property owner
right of ingress and egress thereto, for the
of the City to such action; and
purpose of erecting, installing, constructing,
WHEREAS, by Resolution No. 224-97
reconstructing, repairing, owning, operating,
adopted May 19, 1997, this Council set a
and maintaining water, sewer, drainage, gas,
public hearing on the proposal to enter into the
telephone, T.V. cable, and electric lines as
Regular Session, June 2, 1997
Agreement for its meeting of June 2, 1997 atWhereas, notice of hearing on plans,
7:00 P.M. in the Carnegie-Stout Public Libraryspecifications, form of contract, and estimated
Auditorium, 11th and Bluff Streets, Dubuque,cost was published as required by law.
Iowa, and due and proper notice of said publicNOW THEREFORE, BE IT RESOLVED
hearing was given, as provided by law, byBY THE CITY COUNCIL OF THE CITY OF
publication in the Telegraph-Herald on MayDUBUQUE, IOWA:
23, 1997, which notice set forth the time andThat the said plans, specifications, form of
place for the hearing and the nature andcontract and estimated cost are hereby
purpose thereof; andapproved as the plans, specifications, form of
WHEREAS, in accordance with saidcontract and estimated cost for said
notice, all persons or organizations desiring toimprovements for said project.
be heard on said proposed action, both for andPassed, adopted and approved this 2nd
against, have been given an opportunity to beday of June, 1997.
heard with respect thereto and dueTerrance M. Duggan, Mayor
consideration has been given to all commentsAttest: Mary A. Davis, City Clerk
and views expressed to this Council inCouncil Member Buol moved adoption of
connection therewith and said public hearingthe Resolution. Seconded by Council Member
has been closed.Michalski. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFProof of publication certified to by the
DUBUQUE, IOWA:Publisher on Notice to Bidders on Receipt of
Section 1. Approval Agreement. The formBids for project and City Manager
and content of the Agreement, the provisionsrecommending to award contract for project,
of which are incorporated herein by reference,presented and read. Council Member Buol
is in all respects authorized, approved andmoved that the proof and communication be
confirmed, and its execution and delivery byreceived and filed. Seconded by Council
the City Manager for an on behalf of the City inMember Michalski. Motion carried 7-0.
substantially the form and content now before
this meeting is hereby ratified, confirmed andRESOLUTION NO. 242A-97
approved, but with such changes,AWARDING CONTRACT
modifications, additions or deletions therein asWhereas, sealed proposals have been
shall be approved by such officer upon thesubmitted by contractors for the Dubuque
advise of the Corporation Counsel, and fromIndustrial Center/South Sewer and Water
and after the execution and delivery of theUtility Improvements pursuant to Resolution
Agreement, the City Manager is authorized,No. 205-97 and notice to bidders published in
empowered and directed to so all such actsa newspaper published in the City of
and thins and to execute all such documentsDubuque, Iowa on the 8th day of May, 1997.
as may be necessary to carry out and complyWhereas, said sealed proposals were
with the provisions of the Agreement asopened and read on the 27th day of May, 1997
executed.and it has been determined that the bid of
Section 2. Ratification. All acts of the CityConnolly Construction, Inc. of Peosta, Iowa in
Manager and City Clerk in connection with thethe amount of $508,465.66 was the lowest bid
negotiation of the Agreement and thefor the furnishings of all labor and materials
publication of the notice of public hearing withand performing the work as provided for in the
respect thereto are hereby ratified, confirmedplans and specifications.
and approved.NOW THEREFORE, BE IT RESOLVED
Passed and approved this 2nd day of June,BY THE CITY COUNCIL OF THE CITY OF
1997.DUBUQUE, IOWA:
Terrance M. Duggan, MayorThat the contract for the above
ATTEST: Mary A. Davis, City Clerkimprovement be awarded to Connolly
Council Member Voetberg moved adoptionConstruction, Inc. and the Manager be and is
of the Resolution. Seconded by Councilhereby directed to execute a contract on
Member Krieg. Motion carried 7-0. behalf of the City of Dubuque for the complete
Proof of publication certified to by theperformance of the work.
Publisher on Notice of Hearing of Plans &BE IT FURTHER RESOLVED:
Specs. for the Dubuque Industrial CenterThat upon the signing of said contract and
South Sewer and Water Utility Improvementsthe approval of the contractor's bond, the City
Phase I project, presented and read. CouncilTreasurer is authorized and instructed to
Member Buol moved that the communicationreturn the bid deposits of the unsuccessful
be received and filed. Seconded by Councilbidders.
Member Michalski. Motion carried 7-0. Passed, approved and adopted this 2nd
day of June, 1997.
RESOLUTION NO. 242-97Terrance M. Duggan, Mayor
RESOLUTION ADOPTINGAttest: Mary A. Davis, City Clerk
PLANS AND SPECIFICATIONSCouncil Member Buol moved adoption of
Whereas, on the 30th day of April, 1997,the Resolution. Seconded by Council Member
plans, specifications, form of contract andMichalski. Motion carried 7-0.
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Dubuque IndustrialProof of publication certified to by the
Center/South Sewer and Water UtilityPublisher on Notice of Hearing on Plans &
Improvements Phase I.Specs. for the Alpine Street Sanitary Sewer
Regular Session, June 2, 1997
Reconstruction project, presented and read.Treasurer is authorized and instructed to
Council Member Voetberg moved that thereturn the bid deposits of the unsuccessful
communication be received and filed.bidders.
Seconded by Council Member Robbins.Passed, approved and adopted this 2nd
Motion carried 7-0. day of June, 1997.
Terrance M. Duggan, Mayor
RESOLUTION NO. 243-97Attest: Mary A. Davis, City Clerk
RESOLUTION ADOPTING PLANSCouncil Member Voetberg moved adoption
AND SPECIFICATIONSof the Resolution. Seconded by Council
Whereas, on the 30th day of April, 1997,Member Robbins. Motion carried 7-0.
plans, specifications, form of contract and
estimated cost were filed with the City Clerk ofProof of publication certified to by the
Dubuque, Iowa for the Alpine Street SanitaryPublisher on Notice of Hearing on Plans &
Sewer Reconstruction.Specs. for Dubuque Greyhound Park &
Whereas, notice of hearing on plans,Casino-Purchase of Methane Collection
specifications, form of contract, and estimatedSystem Equipment project and City Manager
cost was published as required by law.advising no valid bids have been received and
NOW THEREFORE, BE IT RESOLVEDrecommending to rebid the project, presented
BY THE CITY COUNCIL OF THE CITY OFand read. Council Member Voetberg moved
DUBUQUE, IOWA:that the proof be received and filed and
That the said plans, specifications, form ofapproved recommendation. Seconded by
contract and estimated cost are herebyCouncil Member Buol. Carried by the
approved as the plans, specifications, form offollowing vote: Yeas—Mayor Duggan, Council
contract and estimated cost for saidMembers Buol, Michalski, Nicholson,
improvements for said project.Robbins, Voetberg. Nays—None.
Passed, adopted and approved this 2ndAbstain—Council Member Krieg.
day of June, 1997.
Terrance M. Duggan, MayorRESOLUTION NO. 245-97
Attest: Mary A. Davis, City ClerkORDERING BIDS
Council Member Voetberg moved adoptionWhereas, sealed proposals have been
of the Resolution. Seconded by Councilsubmitted by suppliers for the Dubuque
Member Robbins. Motion carried 7-0. Greyhound Park and Casino - Purchase of
Methane Collection System Equipment
Proof of publication certified to by thepursuant to Resolution No. 228-97 and notice
Publisher on Notice to Bidders on Receipt ofto bidders published in a newspaper published
Bids for project and City Managerin the City of Dubuque, Iowa on the 22nd day
recommending to award contract for project,of May, 1997; and
presented and read. Council MemberWhereas, said sealed proposals were
Voetberg moved that the communication beopened and read on the 27th day of May,
received and filed. Seconded by Council1997.
Member Michalski. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
RESOLUTION NO. 244-97DUBUQUE, IOWA:
AWARDING CONTRACTThat the sole proposal of RAECO,
Whereas, sealed proposals have beenIncorporated of Chicago Heights, Illinois, for
submitted by contractors for the Alpine Streetthe above improvement be rejected due to the
Sanitary Sewer Reconstruction pursuant tolack of bid security.
Resolution No. 208-97 and notice to biddersThat the City Clerk is hereby directed to
published in a newspaper published in the Cityadvertise for bids for the construction of the
of Dubuque, Iowa on the 15th day of May,improvements herein provided, to be published
1997.in a newspaper having general circulation in
Whereas, said sealed proposals werethe City of Dubuque, Iowa, which notice shall
opened and read on the 22nd day of May,not be less than four days nor more than
1997 and it has been determined that the bidtwenty days prior to the receipt of said bids at
of Connolly Construction of Peosta, Iowa in2:00 p.m. on the 10th day of June, 1997. Bids
the amount of $30,658.11 was the lowest bidshall be opened and read by the City Clerk at
for the furnishings of all labor and materialssaid time and will be submitted to the Council
and performing the work as provided for in thefor final action at 7:00 p.m. on the 16th day of
plans and specifications.June, 1997.
NOW THEREFORE, BE IT RESOLVEDThat the amount of the security to
BY THE CITY COUNCIL OF THE CITY OFaccompany each bid shall be in an amount
DUBUQUE, IOWA:which shall conform to the provisions of the
That the contract for the abovenotice to bidders hereby approved as a part of
improvement be awarded to Connollythe plans and specifications heretofore
Construction and the Manager be and isadopted.
hereby directed to execute a contract onPassed, adopted and approved this 2nd
behalf of the City of Dubuque for the completeday of June, 1997.
performance of the work.Terrance M. Duggan, Mayor
BE IT FURTHER RESOLVED:Attest: Mary A. Davis, City Clerk
That upon the signing of said contract andCouncil Member Voetberg moved adoption
the approval of the contractor's bond, the Cityof the Resolution. Seconded by Council
Regular Session, June 2, 1997
Member Buol. Carried by the following vote:(a) Class I premises. Except as qualified
Yeas—Mayor Duggan, Council Membersbelow, a fee of seven dollars ($7.00) per
Buol, Michalski, Nicholson, Robbins,dwelling unit per month shall be paid to the
Voetberg. Nays—None. Abstain—CouncilCity by the property owner of each Class I
Member Krieg.premises for such services. Said fee shall be
in payment for collection and disposal of solid
Petition from Walt Pregler, Gordon Kilgore,waste and recyclable materials as defined.
John White and Dick Wertzberger containingExceptions to the collection charges for Class
approx. 164 signatures requesting Council’sI premises are as follows:
action to name the Flood Wall in honor of U.S.(1) When a Class I premises has been vacant
Congressman John C. Culver, presented andfor a period not less than three (3) consecutive
read. Council Member Voetberg moved thatmonths, the owner may apply to the City
the petition be received and filed and resolvedManager for a credit under procedures to be
to name the Flood Wall in honor ofestablished by the City Manager. Such credit
Congressman John Culver. Seconded byshall continue only so long as the Class I
Council Member Robbins. Motion carried 7-0.premises is vacant.
(2) Class I premises when the head of the
household is sixty five (65) years of age or
Housing Commission Chairpersonolder and has an annual income equal to or
requesting Council reconsideration of ceilingless than the income standards used by HUD
height standards as required in the Housingfor its “Section Eight (8) Housing Program” for
Code and to waive the filing fee for request ofone and two (2) person households may, upon
variances to the Housing Code Appealsapplication to the City Manager, be exempted
Board, presented and read. Council Memberfrom one-half (1/2) the established collection
Michalski moved that this matter be referred tocharge. After the initial application, annual
Staff. Seconded by Council Memberapplication shall be made by the head of
Voetberg. Motion carried 7-0. household on July 1 of each year to verify
annual income and eligibility.
City Manager submitting Ordinance(3) In cases of extreme financial hardship, the
regarding Impact of Reduced Landfill Fee onCity Manager may, and is hereby authorized
monthly Solid Waste Fee - Proposed Revisionand empowered to make adjustments in the
To Section 40-37 of the City Code ofmonthly collection charges as the City
Ordinances, presented and read. CouncilManager may deem appropriate. In such
Member Voetberg moved that thecases, the City Manager shall have the
communication be received and filed.authority to require such proof of vacancy,
Seconded by Council Member Michalski.financial status, age or extreme hardship as
Motion carried 7-0. the City Manager may deem necessary.
Section 2. This ordinance shall take effect
An Ordinance Amending Code ofon the first day of July, 1997.
Ordinances by enacting a new Section 40-37Passed, approved and adopted this 2nd
Paragraph (a) in lieu thereof establishingday of June, 1997.
charges for the collection and disposal of SolidTerrance M. Duggan, Mayor
Waste and Recyclable Materials changing theAttest: Mary A. Davis, City Clerk
fee from $7.25 per dwelling unit per month toPublished officially in the Telegraph Herald
$7.00, presented and read.
newspaper this 9th day of June, 1997.
1t 6/9Mary A. Davis CMC, City Clerk
(OFFICIAL PUBLICATION)
Council Member Voetberg moved that the
ORDINANCE NO. 32-97
requirement that a proposed Ordinance be
AN ORDINANCE AMENDING THE CITY OF
considered and voted on for passage at two
DUBUQUE CODE OF ORDINANCES BY
Council Meetings prior to the meeting at which
REPEALING SECTION 40-37 PARAGRAPH
it is to be finally passed be suspended.
(a) ESTABLISHING CHARGES FOR THE
Seconded by Council Member Michalski.
COLLECTION AND DISPOSAL OF SOLID
Motion carried 7-0. Council Member Voetberg
WASTE AND RECYCLABLE MATERIALSmoved final consideration and passage of the
AND ENACTING ANEW SECTION 40-37Ordinance. Seconded by Council Member
PARAGRAPH (a) IN LIEU THEREOFMichalski. Motion carried 7-0.
ESTABLISHING CHARGES FOR THE
COLLECTION AND DISPOSAL OF SOLIDDubuque Metropolitan Area Solid Waste
WASTE AND RECYCLABLE MATERIALSAgency submitting their revised tipping fee
CHANGING THE FEE FROM $7.25 PERschedule for landfill effective June 1, 1997,
DWELLING UNIT PER MONTH TO $7.00.presented and read. Council Member
NOW, THEREFORE, BE IT ORDAINEDVoetberg moved that the communication be
BY THE CITY COUNCIL OF THE CITY OFreceived and filed. Seconded by Council
DUBUQUE, IOWA:Member Buol. Motion carried 7-0.
Section 1. The City of Dubuque Code of
Ordinances is hereby amended by repealing
City Manager recommending approval of
Sec. 40-37 paragraph (a) and enacting a new
Survey Plat of Wendy’s Place in the City,
Sec. 40-37 paragraph (a) in lieu thereof as
presented and read. Council Member Buol
follows:
moved that the communication be received
Sec. 40-37 Charges - Amounts:
and filed. Seconded by Council Member
exceptions.
Nicholson. Motion carried 7-0.
Regular Session, June 2, 1997
RESOLUTION NO. 246-97accordance with all applicable state and
RESOLUTION APPROVING THE SURVEYfederal laws and regulations, and the
PLAT OF THE DIVISION OF LOT 1 OFOrdinances of the City of Dubuque.
WENDY’S PLACE IN THE CITY OFSection 3. That the permission herein
DUBUQUE, IOWA.granted is expressly conditioned on
Whereas, there has been filed with the Citypermittees' agreement to:
Clerk a Survey Plat of the Division of Lot 1 ofa.Assume any and all liability for damages to
Wendy’s Place in the City of Dubuque, Iowa;persons or property which may result from
andthe existence, location, installation,
Whereas, said plat has been examined byconstruction or maintenance of said sign;
the City Planner and has its approvaland
endorsed thereon; andb.Procure and maintain in force during the
Whereas, said plat dedicates Lot 2 of Lot 1term of this permit a policy of liability
to the City of Dubuque as right-of-way for 16thinsurance as set forth in the attached
Street; andInsurance Schedule; and
Whereas, said final plat has beenc.Pay on behalf of the City of Dubuque, all
examined by the City Council and they findsums which the City of Dubuque shall
that it conforms to the statutes and ordinancesbecome obligated to pay by reason of the
relating thereto.liability imposed upon the City of Dubuque
NOW THEREFORE, BE IT RESOLVEDfor damages of any kind resulting from the
BY THE CITY COUNCIL OF THE CITY OFlocation, installation, existence,
DUBUQUE, IOWA:construction or maintenance of said sign
Section 1. That the dedication of Lot 2 ofsustained by any person or persons,
Lot 1 as right-of-way for 16th Street, as itcaused by accident or otherwise to defend
appears upon said survey plat be and theat its own expense and on behalf of said
same is hereby accepted; andCity any claim against the City of Dubuque
Section 2. That the survey plat of thearising out of the location, installation,
Division of Lot 1 of Wendy’s Place in the Cityexistence, construction or maintenance a
of Dubuque, Iowa is hereby approved and thesign and to pay reasonable attorney fees
Mayor and City Clerk are hereby authorizedtherefor; and
and directed to endorse the approval of thed.Indemnify, defend and hold the City of
City of Dubuque, Iowa, upon said final plat.Dubuque free and harmless from any and
Passed, approved and adopted this 2ndall claims, loss, liability and expense for
day of June, 1997.death and/or injuries to third persons or
Terrance M. Duggan, Mayordamages to property of third persons, or for
Attest: Mary A. Davis, City Clerkdamage to any property of the City of
Council Member Voetberg moved adoptionDubuque which may occur as a result of or
of the Resolution. Seconded by Councilin connection with the location, installation,
Member Buol. Motion carried 7-0. construction, maintenance and repair of the
City Manager submitting Ordinancefacility, work or improvement permitted
providing for P & H Inv. to construct a sign onherein.
right-of-way encroachment, presented andSection 4. That the permission herein
read. Council Member Voetberg moved thatgranted is expressly conditioned upon
the communication be received and filed.permittees' further agreement that should the
Seconded by Council Member Buol. Motionright and privilege herein granted be rescinded
carried 7-0. or revoked by the City Council, permittees, or
their successors in interest, as owners of the
An Ordinance Authorizing P & H Inv. toabutting property, shall within ten (10) days
construct a sign at 1527&1533 Central Ave.,after receipt of written notice from the City
presented and read. Manager, so to do, at their own expense,
remove said sign and in the event of their
(OFFICIAL PUBLICATION)failure to do so, the City of Dubuque shall be
ORDINANCE NO. 33-97authorized to remove said sign at permittees'
AN ORDINANCE AUTHORIZING P & Hexpense and dispose of the same, and the
INVESTMENTS TO CONSTRUCT A SIGN permittee shall have no claim against the City
NOW THEREFORE, BE IT ORDAINEDor its agents for damages resulting from the
BY THE CITY COUNCIL OF THE CITY OFremoval of said sign.
DUBUQUE, IOWA:Section 5. That permittees covenant and
Section 1. That P & H Investments as theagree that the revocable permit herein granted
owner of the premises known as 1527does not constitute an approval of the design,
Central and 1533 Central, Dubuque, Iowa, anderection, location, construction, repair or
legally described as SM 1/5 of City Lot 415 bemaintenance of said facility and said
and they are hereby granted the revocablepermittees hereby covenant and agree not to
permit and authority to construct and maintainassert such claim or defense against the City
a sign under the terms and conditions set forthof Dubuque in the event of claim asserted for
in this Ordinance.death, personal injuries and/or property
Section 2. That such construction shall bedamage against the permittees arising out of
done in accordance with plans heretoforeor in any way connected with the location,
submitted by permittees and approved by theinstallation, construction, design, repair and
City Manager, under the supervision andmaintenance of the facility herein permitted.
direction of the City Manager, and inSection 6. (Special requirements,
Regular Session, June 2, 1997
easements, if any)the R.I.S.E. grant, a copy of which is attached
Section 7. This Ordinance shall becomehereto and by this reference made a part
effective and the rights hereunder accrue to Phereof; and
& H Investments when this Ordinance hasWhereas, the City Council finds that the
been adopted by the City Council and theproposed agreement is acceptable and
terms and conditions thereof accepted bynecessary to the growth and development of
permittees by acceptance endorsed on thisthe city.
Ordinance.NOW THEREFORE, BE IT RESOLVED
Section 8. That the City Clerk be and sheBY THE CITY COUNCIL OF THE CITY OF
is authorized and directed to file at permittees'DUBUQUE, IOWA:
expense a copy of this ordinance in the OfficeSection 1.That the Iowa Department of
of the Recorder in and for Dubuque County,Transportation Agreement for R.I.S.E.
Iowa.Funding, Agreement No. 97-R-028, is hereby
Passed, approved and adopted this 2ndapproved.
day of June 1997.Section 2. That the Mayor and City Clerk
Terrance M. Duggan, Mayorare hereby authorized and directed to execute
Attest: Mary A. Davis, City Clerktwo copies of the Agreement on behalf of the
ACCEPTANCE OFCity of Dubuque and forward the executed
ORDINANCE NO.33-97copies to the Iowa Department of
The undersigned having read and beingTransportation for their approval.
familiar with the terms and conditions ofPassed, approved and adopted this 2nd
Ordinance No. 33-97, hereby, for themselves,day of June, 1997.
their successors or assigns, as owners of theTerrance M. Duggan, Mayor
abutting property, accept the same and agreeAttest: Mary A. Davis, City Clerk
to be bound by the conditions and agreementsCouncil Member Michalski moved adoption
therein contained to be performed byof the Resolution. Seconded by Council
permittees.Member Voetberg. Motion carried 7-0.
By: P & H Investments
Title: Owner by Carol Copeland, AgentCity Manager requesting the Yaggy Colby
Dated: 5-13-97Contract to include construction services for
Published officially in the Telegraph Heralddevelopment of Dubuque Industrial Center
South, presented and read. Council Member
newspaper this 9th day of June, 1997.
Buol moved that the communication be
1t 6/9Mary A. Davis, City Clerk
received and filed. Seconded by Council
Council Member Voetberg moved that the
Member Nicholson. Motion carried 7-0.
requirement that a proposed Ordinance be
considered and voted on for passage at two
RESOLUTION NO. 248- 97
Council Meetings prior to the meeting at which
RESOLUTION EXTENDING CONTRACT
it is to be finally passed be suspended.
WITH YAGGY COLBY ASSOCIATES TO
Seconded by Council Member Buol. Motion
PROVIDE CONSTRUCTION SERVICES
carried 7-0. Council Member Voetberg moved
FOR THE DUBUQUE INDUSTRIAL
final consideration and passage of the
CENTER SOUTH DEVELOPMENT.
Ordinance. Seconded by Council Member
Whereas, the City of Dubuque, Iowa has
Buol. Motion carried 7-0.
identified a critical need to develop industrial
land within the community to provide
City Manager requesting approval of
opportunities for economic development and
agreement for R.I.S.E. funding with IDOT,
job creation in a timely manner; and
presented and read. Council Member
Whereas, the City has worked with the firm
Michalski moved that the communication be
of Yaggy Colby Associates to design and
received and filed. Seconded by Council
engineer improvements in the Dubuque
Member Voetberg. Motion carried 7-0.
Industrial Center South; and
Whereas, Yaggy Colby Associates has
RESOLUTION NO. 247-97
provided a proposal to extend their original
RESOLUTION APPROVING AN
AGREEMENT FOR R.I.S.E. FUNDING WITHDecember 17, 1996 contract to perform
THE IOWA DEPARTMENT OFConstruction Services for the Dubuque
TRANSPORTATION RELATING TOIndustrial Center South development.
DEVELOPMENT OF A NEW STREET INNOW, THEREFORE, BE IT RESOLVED
DUBUQUE INDUSTRIAL CENTER SOUTHBY THE CITY COUNCIL OF THE CITY OF
Whereas, the City of Dubuque hasDUBUQUE, IOWA:
developed plans for the construction of a newSection 1.That an extension of the
street in the Dubuque Industrial Center South;contract for professional services with Yaggy
and Colby Associates to provide Construction
Whereas, the City has requested fundingServices for the Dubuque Industrial Center
under the State of Iowa’s R.I.S.E. (RevitalizeSouth is hereby approved.
Section 2.That the City Manager is
Iowa’s Sound Economy) program; and
hereby authorized to execute, on behalf of the
Whereas, the City’s application was
City Council of the City of Dubuque, Iowa, an
approved by the Iowa Department of
extension of the December 17, 1996 contract
Transportation on April 1, 1997; and
with Yaggy Colby Associates for Construction
Whereas, the Iowa Department of
Services in an estimated range of $185,000 -
Transportation has prepared and submitted for
$205,000 based on actual time and services
City Council approval an agreement relating to
Regular Session, June 2, 1997
rendered.Mayor Duggan re-entered the Chambers at
Passed, approved and adopted this 2nd7:46 p.m.
day of June, 1997.
Terrance M. Duggan, MayorCity Manager submitting bidding
Attest: Mary A. Davis, City Clerkdocuments providing for the 19th Street Storm
Council Member Buol moved adoption ofSewer Reconstruction project, presented and
the Resolution. Seconded by Council Memberread. Council Member Krieg moved that the
Nicholson. Motion carried 7-0. communication be received and filed.
Seconded by Council Member Buol. Motion
Mayor Duggan left the Chambers at 7:44carried 7-0.
p.m. during the following presentation and
discussion. RESOLUTION NO. 250-97
City Manager recommending filing of aPRELIMINARY APPROVAL
CEBA application to IDED, presented andOF PLANS AND SPECIFICATIONS
read. Council Member Voetberg moved thatNOW THEREFORE, BE IT RESOLVED
the communication be received and filed.BY THE CITY COUNCIL OF THE CITY OF
Seconded by Council Member Buol. MotionDUBUQUE, IOWA:
carried 6-0. That the proposed plans, specifications,
form of contract and estimated cost for the
RESOLUTION 249-9719th Street Storm Sewer Reconstruction, in
A RESOLUTION AUTHORIZING THEthe estimated amount of $145,612.89, are
FILING OF A COMMUNITY ECONOMIChereby approved and ordered filed in the office
BETTERMENT ACCOUNT (CEBA)of the City Clerk for public inspection.
APPLICATION TO THE IOWAPassed, adopted and approved this 2nd
DEPARTMENT OF ECONOMICday of June, 1997.
DEVELOPMENT ON BEHALF OF AMISYSTerrance M. Duggan, Mayor
MANAGED CARE SYSTEMS, INC.Attest: Mary A. Davis, City Clerk
Whereas, AMISYS Managed CareCouncil Member Krieg moved adoption of
Systems, Inc. has requested that the City ofthe Resolution. Seconded by Council Member
Dubuque, Iowa make application on its behalfBuol. Motion carried 7-0.
for a CEBA loan to assist its location of a new
facility in Dubuque; andRESOLUTION NO. 251-97
Whereas, the City Council of Dubuque,FIXING DATE OF HEARING
Iowa has considered said proposal and hasON PLANS AND SPECIFICATIONS
determined that the proposed project willWhereas, the City Council of the City of
contribute to the local economy through theDubuque, Iowa has given its preliminary
creation of jobs for area residents; andapproval on the proposed plans,
Whereas, the Iowa Department ofspecifications, and form of contract and
Economic Development's CEBA loan programplaced same on file in the office of the City
was designed to assist in the economicClerk for public inspection of the 19th Street
development efforts of local jurisdictions; andStorm Sewer Reconstruction.
Whereas, the City of Dubuque, Iowa isNOW THEREFORE, BE IT RESOLVED
eligible to apply for funding from the CEBABY THE CITY COUNCIL OF THE CITY OF
program.DUBUQUE, IOWA:
NOW, THEREFORE, BE IT RESOLVEDThat on the 7th day of July, 1997, a public
BY THE CITY COUNCIL OF THE CITY OFhearing will be held at 7:00 p.m. in the Public
DUBUQUE, IOWA:Library Auditorium at which time interested
Section 1.That the filing of anpersons may appear and be heard for or
application for participation in the Iowaagainst the proposed plans and specifications,
Community Economic Betterment Accountform of contract and cost of said improvement,
program of behalf of AMISYS Managed Careand the City Clerk be and is hereby directed to
Systems, Inc. is approved.cause a notice of time and place of such
Section 2.That the local match ashearing to be published in a newspaper having
identified in the application is herebygeneral circulation in the City of Dubuque,
approved.Iowa, which notice shall be not less than four
Section 3.That the Mayor is herebydays nor more than twenty days prior to the
authorized and directed to execute, on behalfday fixed for its consideration. At the hearing,
of the City Council of the City of Dubuque,any interested person may appear and file
Iowa, the appropriate CEBA application.objections to the proposed plans,
Section 4.That the City Manager isspecifications, contract, or estimated cost of
directed to submit the application to the Iowathe improvement.
Department of Economic DevelopmentPassed, adopted and approved this 2nd
together with such documents as may beday of June, 1997.
required.Terrance M. Duggan, Mayor
Passed, approved and adopted this 2ndAttest: Mary A. Davis, City Clerk
day of June, 1997.Council Member Krieg moved adoption of
Terrance M. Duggan, Mayorthe Resolution. Seconded by Council Member
Attest: Mary A. Davis, City ClerkBuol. Motion carried 7-0.
Council Member Voetberg moved adoption
of the Resolution. Seconded by CouncilRESOLUTION NO. 252-97
Member Buol. Motion carried 6-0. ORDERING BIDS
Regular Session, June 2, 1997
NOW THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF
BY THE COUNCIL OF THE CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA:That on the 7th day of July, 1997, a public
That the 19th Street Storm Sewerhearing will be held at 7:00 p.m. in the Public
Reconstruction is hereby ordered to beLibrary Auditorium at which time interested
advertised for bids for construction.persons may appear and be heard for or
BE IT FURTHER RESOLVED, that theagainst the proposed plans and specifications,
amount of the security to accompany each bidform of contract and cost of said improvement,
shall be in an amount which shall conform toand the City Clerk be and is hereby directed to
the provisions of the notice to bidders herebycause a notice of time and place of such
approved as a part of the plans andhearing to be published in a newspaper having
specifications heretofore adopted.general circulation in the City of Dubuque,
That the City Clerk is hereby directed toIowa, which notice shall be not less than four
advertise for bids for the construction of thedays nor more than twenty days prior to the
improvements herein provided, to be publishedday fixed for its consideration. At the hearing,
in a newspaper having general circulation inany interested person may appear and file
the City of Dubuque, Iowa, which notice shallobjections to the proposed plans,
not be less than four days nor more thanspecifications, contract, or estimated cost of
twenty days prior to the receipt of said bids atthe improvement.
2:00 p.m. on the 19th day of June, 1997. BidsPassed, adopted and approved this 2nd
shall be opened and read by the City Clerk atday of June, 1997.
said time and will be submitted to the CouncilTerrance M. Duggan, Mayor
for final action at 7:00 p.m. on the 7th day ofAttest: Mary A. Davis, City Clerk
July, 1997.Council Member Michalski moved adoption
Passed, adopted and approved this 2ndof the Resolution. Seconded by Council
day of June, 1997.Member Buol. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkRESOLUTION NO. 255-97
Council Member Krieg moved adoption ofORDERING BIDS
the Resolution. Seconded by Council MemberNOW THEREFORE, BE IT RESOLVED
Buol. Motion carried 7-0. BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
City Manager submitting biddingThat the 15th Street Step Reconstruction
documents for the 15th Street StepsProject is hereby ordered to be advertised for
Reconstruction project, presented and read.bids for construction.
Council Member Michalski moved that theBE IT FURTHER RESOLVED, that the
communication be received and filed.amount of the security to accompany each bid
Seconded by Council Member Buol. 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. 253-97specifications 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
15th Street Step Reconstruction Project, in the2:00 p.m. on the 26th day of June, 1997. Bids
estimated amount of $121,440.00, 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 7th day of
Passed, adopted and approved this 2ndJuly, 1997.
day of June, 1997.Passed, adopted and approved this 2nd
Terrance M. Duggan, Mayorday of June, 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. 254-97City Manager recommending to dispose of
FIXING DATE OF HEARINGvacated street and alley in 600 Block of
ON PLANS AND SPECIFICATIONSKaufmann Ave., presented and read. Council
Whereas, the City Council of the City ofMember Voetberg moved that the
Dubuque, Iowa has given its preliminarycommunication be received and filed.
approval on the proposed plans,Seconded by Council Member Buol. Motion
specifications, and form of contract andcarried 7-0.
placed same on file in the office of the City
Clerk for public inspection of the 15th StreetRESOLUTION NO. 256-97
Step Reconstruction Project.RESOLUTION APPROVING PLAT OF
NOW THEREFORE, BE IT RESOLVEDPROPOSED VACATED UNNAMED
Regular Session, June 2, 1997
STREET AND ALLEY IN THE 600 BLOCKBY THE CITY COUNCIL OF THE CITY OF
OF KAUFMANN AVENUEDUBUQUE, IOWA:
Whereas, there has been presented to theSection 1. That the real estate described
City Council of the City of Dubuque, Iowa, aas Lot 164B, Lot 164C, Lot 166B and Lot
plat dated May 5, 1997, prepared by Buesing166C in L.H. Langworthy’s Addition in the City
and Associates, describing the proposedof Dubuque, Iowa, be and the same is hereby
vacated portion of an unnamed street and alleyvacated.
in the 600 block of Kaufmann Avenue; andPassed, approved and adopted this 2nd
Whereas, said plat conforms to the lawsday of June, 1997.
and statutes pertaining thereto.Terrance M. Duggan, Mayor
NOW THEREFORE, BE IT RESOLVEDAttest: Mary A. Davis, City Clerk
BY THE CITY COUNCIL OF THE CITY OFPublished officially in the Telegraph Herald
DUBUQUE, IOWA:
newspaper this 9th day of June, 1997.
Section 1.That the plat dated May 5,
1t 6/9Mary A. Davis CMC, City Clerk
1997, prepared by Buesing and Associates,
Council Member Voetberg moved that the
relative to the real estate hereinabove
requirement that a proposed Ordinance be
described be and the same is hereby
considered and voted on for passage at two
approved, and the Mayor and City Clerk be
Council Meetings prior to the meeting at which
and they are hereby authorized and directed to
it is to be finally passed be suspended.
execute said plat for and on behalf of the CitySeconded by Council Member Buol. Motion
of Dubuque, Iowa.carried 7-0. Council Member Voetberg moved
Section 2.That the City Clerk be and isfinal consideration and passage of the
hereby authorized and directed to file said platOrdinance. Seconded by Council Member
and certified copy of this resolution in theBuol. Motion carried 7-0.
office of the Recorder, in and for Dubuque
County, Iowa.RESOLUTION NO. 257-97
Passed, approved and adopted this 2ndRESOLUTION DISPOSING OF CITY
day of June, 1997.INTEREST IN LOT 164B, LOT 164C, LOT
Terrance M. Duggan, Mayor166B AND LOT 166C ALL IN L.H.
Attest: Mary A. Davis, City ClerkLANGWORTHY’S ADDITION IN THE CITY
Council Member Voetberg moved adoptionOF DUBUQUE, IOWA
of the Resolution. Seconded by Council
Whereas, the Steve and Heidi MacDonald,
Member Buol. Motion carried 7-0.
Francis X. and Cheryl J. Gruber, Joseph A.
An Ordinance Vacating said street and
Sr. and Georgene Butlett, have requested the
alley to be known as Lots 164B, 164C, 166B,
vacating of an unnamed street and alley in the
and 166C in L. H. Langworthy’s Addition,
six hundred block of Kaufmann Avenue.
presented and read.
Whereas, Buesing and Associates has
prepared and submitted to the City Council a
(OFFICIAL PUBLICATION)
plat showing the vacated portion of the
ORDINANCE NO. 34-97
unnamed street and alley in the six hundred
ORDINANCE VACATING THE UNNAMED
block of Kaufmann Avenue and assigned lot
STREET AND ALLEY IN THE 600 BLOCK
numbers thereto, which hereinafter shall be
OF KAUFMANN AVENUE IN THE CITY OF
known and described as Lot 164B, Lot 164C,
DUBUQUE, IOWA
Lot 166B, and Lot 166C all in L.H.
Whereas, Steve and Heidi MacDonald,
Langworthy’s Addition in the City of Dubuque,
Francis X. and Cheryl J. Gruber, and Joseph
Iowa; and
A. Sr. and Georgene Butlett have requested
Whereas, the City Council of the City of
the vacating of an unnamed street and alley in
Dubuque, Iowa has determined that this
the 600 block of Kaufmann Avenue; and
unnamed street and alley in the six hundred
Whereas, Buesing and Associates has
block of Kaufmann Avenue is no longer
prepared and submitted to the City Council a
required for public use, and vacating and sale
plat showing the vacated portion of the
of said portions of alleys and streets known
unnamed street and alley in the 600 block of
Lot 164B, Lot 164C, Lot 166B and Lot 166C
Kaufmann Avenue and assigned lot numbersall in L.H. Langworthy’s in the City of
thereto, which hereinafter shall be known andDubuque, Dubuque County, Iowa should be
described as Lot 164B, Lot 164C, Lot 166Bapproved.
and Lot 166C in L. H. Langworthy’s Addition inNOW THEREFORE, BE IT RESOLVED
the City of Dubuque, Dubuque County, IowaBY THE CITY COUNCIL OF THE CITY OF
should be approved.DUBUQUE, IOWA:
Whereas, the City Council of the City ofSection 1.That the City of Dubuque
Dubuque, Iowa has determined that unnamedintends to dispose of its interest in Lot 164B,
street and alley in the 600 block of KaufmannLot 164C, Lot 166B and Lot 166C all in L.H.
Avenue is no longer required for public use,Langworthy’s Addition in the City of Dubuque,
and vacating of said portions of said unnamedIowa, as follows:
street and alley in the six hundred block of
Lot 164B in L.H. Langworthy’s Addition to
Kaufmann
Joseph A. Sr. and Georgene Butlett;
Avenue to be known as Lot 164B, Lot 164C,
Lot 164C in L.H. Langworthy’s Addition to
Lot 166B and Lot 166C in L. H. Langworhy’s
Francis X. and Cheryl J. Gruber;
Addition in the City of Dubuque, Dubuque
Lot 166B and Lot 166C in L.H.
County, Iowa should be approved.
Langworthy’s Addition to Steve and Heidi
NOW, THEREFORE, BE IT RESOLVED
MacDonald
Regular Session, June 2, 1997
Section 2.That the City Clerk be and isCouncil Members
hereby authorized and directed to cause andAttest:
notice of intent to dispose of said real estate in
the manner as prescribed by law.
Passed, approved and adopted this 2ndCity Clerk
day of June, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
There being no further business, Council
Member Buol moved to adjourn the meeting.
Seconded by Council Member Nicholson.
Motion carried 7-0.
The meeting adjourned at 7:50 p.m.
Mary A. Davis CMC
City Clerk
Approved , 1997
Adopted , 1997
Mayor
Regular Session, June 16, 1997
carried 6-0.
DUBUQUE
Corporation Counsel recommending denial
of Vehicle damage claim of Judith Fondell,
CITY COUNCIL
presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved denial.
OFFICIAL
Seconded by Council Member Buol. Motion
PROCEEDINGS
carried 6-0.
Corporation Counsel recommending
City Council, Regular Session, June 16,
settlement of following claims and request
1997.
Finance Director be authorized to issue proper
Council Met at 7:00 p.m., Public Library
checks: Thomas E. Fransen in amount of
Auditorium.
$100.00 for property damage; Robert Storck,
Present: Mayor Duggan, Council Member
M.D.,in amount of $298.81 for vehicle
Buol, Michalski, Nicholson, Robbins,
damage; Garry Swank in amount of $100.00
Voetberg, City Manager Michael Van Milligen,
for property damage, presented and read.
Corporation Counsel Barry A. Lindahl.
Council Member Voetberg moved that the
Absent: Council Member Krieg.
communications be received and filed and
settlements approved. Seconded by Council
Mayor Duggan read the call and stated this
Member Buol. Motion carried 6-0.
is the Regular Session of the City Council
Corporation Counsel submitting update on
called for the purpose to act upon such
status of Iowa Trust litigation, presented and
business which may properly come before the
read. Council Member Voetberg moved that
Council.
the communication be received and filed.
Seconded by Council Member Buol. Motion
Invocation was given by Monsignor William
carried 6-0.
Leonard.
Scott Taylor, President of CarteGraph
MINUTES SUBMITTED—Airport
Systems expressing their “Thanks” to Council
Commission of 4-17; Historic Preservation
and Staff for support received during their
Commission of 5-22; Housing Commission of
corporate expansion, presented and read.
5-13; Zoning Advisory Commission of 6-4;
Council Member Voetberg moved that the
Zoning Board of Adjustment of 5-22,
communication be received and filed.
presented and read. Council Member
Seconded by Council Member Buol. Motion
Voetberg moved that the minutes be received
carried 6-0.
and filed. Seconded by Council Member Buol.
Motion carried 6-0. Wendell Corey, President of Corey
Development, Ltd., requesting a 30 day
Finance Director submitting Financialextension, from July 1, 1997 to August 1,
Report for month ending May 31, 1997; Proofs1997 to necessary requirements set regarding
of Publication on List of Claims and Summaryannexation of property on Northwest Arterial,
of Revenues for month ending April 30, 1997;and City Manager recommending to grant
and Council Proceedings for meeting of 5-19,
extension as requested presented and read.
presented and read. Council Member
Council Member Voetberg moved that the
Voetberg moved that the report and proofs be
communications be received and filed.
received and filed. Seconded by Council
Seconded by Council Member Buol. Motion
Member Buol. Motion carried 6-0.
carried 6-0.
NOTICES OF CLAIMS/SUITS — Ethel
RESOLUTION NO. 258-97
Hutter in unknown amount for personal
RESOLUTION RESCINDING RESOLUTION
injuries and personal belonging losses;
58-97 AND REAFFIRMING THE
William M. Phillips in estimated amount of
ANNEXATION OF CERTAIN PROPERTY
$212.00 for damages to vehicle, presented
TO THE CITY OF DUBUQUE, IOWA
and read. Council Member Voetberg moved
Whereas, Wendell W. Corey, Purchaser,
that the claims and suits be referred to the
pursuant to an agreement with Plastic Center,
Legal Staff for investigation and report.
Inc., Seller, has voluntarily petitioned for
Seconded by Council Member Buol. Motion
annexation of approximately 107.20 acres of
carried 6-0.
property lying outside the corporate limits of
the city of Dubuque, Iowa, to the City of
Corporation Counsel advising following
Dubuque, as shown in Exhibit A; and
claims have been referred to Crawford &
Whereas, Chapter 368 of the Code of Iowa
Company, the agent for the Iowa Communities
authorizes the extension of city limits in
Assurance Pool: Property damage of
situations of this character by the adoption of
Katherine Lynch; Property damage of Paul
a resolution after notification as required by
and Carolyn Sandman, presented and read.
State regulations; and
Council Member Voetberg moved that the
Whereas, the future growth and
communication be received and filed.
development of the city of Dubuque, Iowa
Seconded by Council Member Buol. Motion
make it desirable that said property be made a
Regular Session, June 16, 1997
part of the City of Dubuque, Iowa.Administration, The State Historic
NOW THEREFORE, BE IT RESOLVEDPreservation Office (SHOP), Dubuque County
BY THE CITY COUNCIL OF THE CITY OFand the City; (3) Covenant agreement between
DUBUQUE, IOWA:the City and the SHOP regarding maintenance
Section 1.Resolution No. 58-97 isand preservation of the bridge,” presented and
hereby rescinded.read. Council Member Voetberg moved that
Section 2.That the territorial limits of thethe communication be received and filed and
city of Dubuque, Iowa be, and they are herebyauthorized the Mayor to execute the
extended, to include the property legallyAgreements. Seconded by Council Member
described as Lot 2 of Lot 2 of Mineral Lot 459;Buol. Motion carried 6-0.
the southeast quarter of the northeast quarter
of Section 17, Township 89 North, Range 2City Manager recommending approval of
East; and the southwest quarter of theGrant Application for Heritage Trail Extension
northeast quarter of Section 17, Township 89and authorize Mayor to execute, presented
North, Range 2 East in Dubuque County,and read. Council Member Voetberg moved
Iowa.that the communication be received and filed.
Section 3.That the territory herebySeconded by Council Member Buol. Motion
annexed shall become a part of the Secondcarried 6-0.
Ward, Eleventh Precinct of the City of
Dubuque, Iowa.RESOLUTION NO. 259-97
Section 4.That the City Clerk shall fileAPPLICATION FOR RECREATIONAL
this Resolution, all Exhibits and the petition forTRAILS FUNDING TO THE IOWA
voluntary annexation with the CityDEPARTMENT OF TRANSPORTATION
Development Board of the State of Iowa. TheWhereas, the Iowa Department of
Resolution will not be forwarded to the State ofTransportation has allocated grant funds for
Iowa until such time as Purchaser providesthe development of recreational trails and
written evidence to the City Clerk of thefacilities for pedestrians and bicycles, and
conveyance of the property from Seller toWhereas, the City has an adopted
Purchaser. In the event that Purchaser doesRiverfront Plan that places high priority on
not provide such evidence to the City Clerkhike/bike trail development along the
prior to August 1, 1997, this Resolution shallMississippi River, linking the existing Heritage
be null and void. Trail with the Mines of Spain.
Passed, approved and adopted this 16thNOW THEREFORE, BE IT RESOLVED
day of June, 1997.BY THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, MayorDUBUQUE, IOWA:
Attest: Mary A. Davis, City ClerkSection 1. That the Mayor is hereby
ACCEPTANCE OFauthorized to sign and the City Planner is
RESOLUTION NO. 258-97hereby authorized to submit the resolution and
I, the undersigned, Wendell Corey, havingthe application to the Iowa Department of
read the terms and conditions of theTransportation for Recreational Trails Funds
Resolution No. 258-97 and being familiar withfor the extension of Heritage Trail.
the conditions thereof, hereby accept thisSection 2.That the City Council
same and agree to the conditions requiredauthorizes the City Manager to utilize
therein.budgeted Capital Improvement Program funds
Dated in Dubuque, Iowa this ________ dayto provide the financial match required by this
of _______________, 1997.program should the application be approved
By ____________________________by the Iowa Department of Transportation.
Wendell W. CoreySection 3. That in the event said
NOT SIGNED - RESCINDED BYapplication is approved, the City Council
RESOLUTION NO. 294-97.hereby provides its written assurance that the
completed project will be adequately
Council Member Voetberg moved adoptionmaintained for its intended public use for a
of the Resolution. Seconded by Councilminimum of twenty (20) years following project
Member Buol. Motion carried 6-0. completion.
Section 4.That the City of Dubuque
City Manager expressing City’s concernagrees to abide by all local, state and federal
over proposed changes to the Nationalrequirements applicable to the proposed
Ambient Air Quality Standards for ozone andproject.
particulate matter to Ms. Lynn Cutler,Passed, approved and adopted this 16th
Department Assistant to President, presentedday of June, 1997.
and read. Council Member Voetberg movedTerrance M. Duggan, Mayor
that the communication be received and filed.Attest: Mary A. Davis, City Clerk
Seconded by Council Member Buol. MotionCouncil Member Voetberg moved adoption
carried 6-0. of the Resolution. Seconded by Council
Member Buol. Motion carried 6-0.
City Manager recommending approval of 3
agreements regarding the Whitewater CreekCommunication concerning the Sixth
Bridge and requesting Mayor be authorized toAmendment to City Manager’s Employment
execute documents “(1) an IntergovernmentalAgreement, presented and read. Council
agreement with the County, (2) MemorandumMember Voetberg moved that the
of Agreement between the Federal Highwaycommunication be received and filed
Regular Session, June 16, 1997
and recommendation approved. Seconded by431 Rhomberg Ave.
Council Member Buol. Motion carried 6-0. Denny’s Lux ClubMy-Cap Vendors Inc.
3050 Asbury Rd.
RESOLUTION NO. 260-97Dog House LoungeMy-Cap Vendors Inc.
NOW, THEREFORE, BE IT RESOLVED1646 Asbury Rd.
BY THE CITY COUNCIL OF THE CITY OFGrand TapMy-Cap Vendors Inc.
DUBUQUE, IOWA:802 Central Ave
That the following having complied with theDiamond Jo CasinoMy-Cap Vendors Inc.
provisions of law relating to the sale E 4th St.
of Cigarettes within the City of Dubuque, Iowa,Fat Tuesday’sMy-Cap Vendors Inc.
be granted a permit to sell Cigarettes and1121 University Ave.
Cigarette Papers within said City.Fraternal Order of Eagles #568
46 RENEWALSMy-Cap Vendors Inc.1175 Century Dr.
Arby’s & C StoreArcon Inc.Hooligan’s Sports Bar
10 Main St.My-Cap Vendors Inc.2600 Dodge St.
Big 10 MartMolo Oil CompIdle Hour Inc.My-Cap Vendors
2100 JFK Rd.1555 Central Ave
Big 10 MartMolo Oil CompKing of ClubsMy-Cap Vendors Inc.
9th & Central1902 Central Ave
Big 10 Mart/Car WashMolo Oil CompLucky 13My-Cap Vendors Inc
1875 JFK Rd..385 E 13th St.
Butter’s BarMichael J. SawvellMidway HotelMy-Cap Vendors Inc.
1700 Central Ave.3100 Dodge
Bunker Hill Golf ShopMike’s Ten Pin TapMy-Cap Vendors Inc.
George M. Stephenson601 Rhomberg Ave
2200 Bunker Hill Rd.Noonan’s TapMy-Cap Vendors Inc.
Dubuque Mining Co.Apt Ltd Corp1618 Central Ave
555 JFK-Kennedy MallP.J.’s TavernMy-Cap Vendors Inc.
FarmlandAramark Inc.500 Rhomberg Ave
345 E 18th St.Park Square TavernMy-Cap Vendors Inc.
Hammerheads Bar/Billiards600 Central Ave
Hammerheads, Inc.2095 KerperSticky Fins Beach BarMy-Cap Vendors Inc.
Hartig Drug Co.Hartig Drug Co.1005 Main St.
7th & Town ClockTown Clock InnMy-Cap Vendors Inc.
Hartig Drug Co.Hartig Drug Co.Town Clock Inn
157 Locust St.Passed, approved and adopted this 16th
Hartig Drug Co.Hartig Drug Coday of June, 1996.
2255 JFK Rd.Terrance M. Duggan, Mayor
Hartig Drug Co.Hartig DrugAttest: Mary A. Davis, City Clerk
2225 Central AveCouncil Member Voetberg moved adoption
P.O.P.’s GasHoliday Oil Dist.of the Resolution. Seconded by Council
1401 Central AveMember Buol. Motion carried 6-0.
P.O.P.’s GasHoliday Oil Dist.
1685 JFK Rd.RESOLUTION NO. 261-97
Instant ReplayPam BarryWhereas, applications for Beer Permits
1602 Central Avehave been submitted and filed to this Council
Kwik Stop Food MartRainbo Oil Comfor approval and the same have been
2297 University Aveexamined and approved; and
Kwik Stop Food MartRainbo Oil ComWhereas, the premises to be occupied by
2255 Kerper Blvdsuch applicants were inspected and found to
Kwik Stop Food MartRainbo Oil Comcomply with the Ordinances of this City and
2360 Central Avehave filed proper bonds.
Kwik Stop Food MartRainbo Oil ComNOW, THEREFORE, BE IT RESOLVED
2320 Hwy 61BY THE CITY COUNCIL OF THE CITY OF
Kwik Stop Food MartRainbo Oil ComDUBUQUE, IOWA:
4039 Pennsylvania AveThat the Manager be authorized to cause to
Long Yuen Chinese Rest.Sam W Chiube issued the following named applicants a
2600 Dodge St.Beer Permit.
Paul’s TavernThomas KochCLASS “C” BEER PERMIT
176 LocustSandra/Richard Michel
Tobacco Outlet Plus #504Kwik Trip Inc.Milkhouse on Grandview+(Sunday Sls)
806 Wacker Dr. 620 S Grandview
Treasure Chest Gift Shop Jena, Inc.Oky Doky # 15
Greater Dbq RiverboatE 4th St. +(Sunday Sales)1101 Rhomberg
Airport InnMy-Cap Vendors Inc.CLASS “BE” BEER PERMIT
574 E 16th St.Hy-Vee Inc.Hy-Vee Food Store
American LegionMy-Cap Vendors Inc. +(Sunday Sales)3500 Dodge St.
1305 DelhiJean AlthausFamily Beverage Cntr
A & B TapMy-Cap Vendors Inc.+(Sunday Sales)3400 Central
2600 Central Ave.Passed, approved and adopted this 16th
B’z TavernMy-Cap Vendors Inc.day June, 1997.
Regular Session, June 16, 1997
Terrance M. Duggan, MayorDuggan voted for Hardie and Smith. Council
Attest: Mary A Davis, City ClerkMember Buol voted for Hardie and Nesler.
Council Member Voetberg moved adoptionCouncil Member Michalski voted for Hardie
of the Resolution. Seconded by Counciland Nesler. Council Member Nicholson voted
Member Buol. Motion carried 6-0. for Hardie and Smith. Council Member
Robbins voted for Hardie and Nesler. Council
RESOLUTION NO. 262-97Member Voetberg voted for Hardie and
Whereas, applications for Liquor LicensesNesler. Therefore Stephen Hardie and Ferd
have been submitted to this Council forNesler reappointed to three year terms on the
approval and the same have been examinedZoning Advisory Commission which will expire
and approved; and7-1-2000.
Whereas, the premises to be occupied by
such applicants were inspected and found toCouncil Member Robbins moved to
comply with the State Laws and all Citysuspend the rules to allow anyone present to
Ordinances relevant thereto and they haveaddress the Council if they so desire.
filed proper bonds.Seconded by Council Member Buol. Motion
NOW, THEREFORE, BE IT RESOLVEDcarried 6-0.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Proof of publication certified to by the
That the Manager be authorized to cause toPublisher on Notice of Public Hearing to
be issued the following named applicants aconsider disposing of property in 600 Block of
Liquor License.Kaufmann and City Manager recommending
CLASS “C” (COMMERCIAL)to proceed with sale of properties, presented
BEER/LIQUOR LICENSEand read. Council Member Buol moved that
Anthony KampTony’s Placethe proof and communication be received and
+(Sunday Sales)1701 Centralfiled. Seconded by Council Member Robbins.
James R FerringDubuque Bowling LanesMotion carried 6-0.
1029 !/2 Main
Thomas KochPaul’s TavernRESOLUTION NO. 263- 97
+(Sunday Sales)176 Locust St.Whereas, pursuant to resolution and
Michael J. SawvellButters Barpublished notice of time and place of hearing,
1700 Centralpublished in the Telegraph Herald, a
Carolyn K. FonckChannel Innnewspaper of general circulation published in
2010 Kerperthe City of Dubuque, Iowa on the 6th day of
American Legion#6American LegionJune, 1997, the City Council of the City of
Post #6+(Sunday Sales)1306 Delhi St.Dubuque, Iowa met on the 16th day of June,
Riverside Bowl Inc.Riverside Bowl1997, at 7:00 p.m. in the Public Library
+(Sunday & Outdoor Srv)1860 HawthorneAuditorium, 11th and Locust, Dubuque,
Passed, approved and adopted this 16thDubuque, County, Iowa to consider the
day of June, 1997.proposal for the sale of real estate described
Terrance M. Duggan, Mayoras:
Attest: Mary A. Davis, City ClerkLot 164B in L.H. Langworthy’s Addition to
Council Member Voetberg moved adoptionJoseph A. Sr. and Georgene Butlett;
of the Resolution. Seconded by CouncilLot 164C in L.H. Langworthy’s Addition to
Member Buol. Motion carried 6-0. Francis X. and Cheryl J. Gruber;
Lot 166B and Lot 166C in L.H.
BOARDS AND COMMISSIONS:Langworthy’s Addition to Steve and Heidi
MacDonald; and
LONG RANGE PLANNINGWhereas, the City Council of the City of
COMMISSION:Dubuque, Iowa overruled any and all
Applicants: Mary Lynn Neumeister andobjections, oral or written to the proposal to
Richard Stein. dispose of interest of the City of Dubuque,
Council Member Voetberg moved that MaryIowa, in the hereinabove described real estate
Lynn Neumeister and Richard Stein bethese listed hereinabove;
reappointed to three year terms which willNOW THEREFORE, BE IT RESOLVED
expire 7-1-2000. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF
Member Nicholson. Motion carried 6-0. DUBUQUE, IOWA:
Section 1.That the disposal of the
Council Member Voetberg moved that it beinterest of the City of Dubuque, Dubuque
resolved that Council Member Roy D. Buol beCounty, Iowa in real property described as Lot
reappointed to the Long Range Planning164B of L.H. Langworthy’s Addition to Joseph
Commission as a Council liaison member withA. Sr. and Georgene Butlett be and the same
Mayor Terry Duggan as alternate. Secondedis hereby approved for the sum of $75.00; Lot
by Council Member Robbins. Motion carried 6-164C of L.H. Langworthy’s Addition to Francis
0. X. and Cheryl J. Gruber be and the same
hereby approved for the sum of $117.50; and
ZONING ADVISORY COMMISSION:Lot 166B and Lot 166C of L.H. Langworthy’s
Two Three year terms which will expire 7-1-Addition to Steve and Heidi MacDonald be and
2000. Applicants: Stephen Hardie, Donthe same is hereby approved for the sum of
Lochner, Ferd Nesler and Ron Smith. Vote on$125.00, plus cost of publication, platting and
the appointments was as follows: Mayorfiling fees; conveyance shall be by Quit Claim
Regular Session, June 16, 1997
Deed.Member Buol. Motion carried 6-0.
Section 2.That the Mayor be authorized
and directed to execute a Quit Claim Deed,Proof of publication certified to by the
and the City Clerk be and is hereby authorizedPublisher on Notice to Bidders on Receipt of
and directed to deliver said deed ofBids for Greyhound Park & Casino-Purchase
conveyance to the above named granteesof Methane Collection System Equipment,
upon receipt of the purchase price in full.presented and read. Council Member
Section 3.That the City Clerk be and isMichalski moved that the proof be received
hereby authorized and directed to record aand filed. Seconded by Council Member
certified copy of this resolution in the office ofRobbins. Motion carried 6-0.
the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.RESOLUTION NO. 265-97
Passed, approved and adopted this 16thRESOLUTION ADOPTING
day of June, 1997. PLANS AND SPECIFICATIONS
Terrance M. Duggan, MayorWhereas, on the 14th day of May, 1997,
Attest: Mary A. Davis, City Clerkplans, specifications, form of contract and
Council Member Buol moved adoption ofestimated cost were filed with the City Clerk of
the Resolution. Seconded by Council MemberDubuque, Iowa for the Dubuque Greyhound
Robbins. Motion carried 6-0. Park & Casino - Purchase of Methane
Collection System Equipment.
Proof of publication certified to by theWhereas, notice of hearing on plans,
Publisher on Notice of Hearing on Plans andspecifications, form of contract, and estimated
Specs. for City Government Inter-Facility Fibercost was published as required by law.
Optic Communication Network-Phase 1 -NOW THEREFORE, BE IT RESOLVED
Construction/installation of Buried Ducts withBY THE CITY COUNCIL OF THE CITY OF
Innerducts project and City Manager advisingDUBUQUE, IOWA:
no valid bids have been received andThat the said plans, specifications, form of
recommending to rebid the project, presentedcontract and estimated cost are hereby
and read. Council Member Voetberg movedapproved as the plans, specifications, form of
that the proof and communication be receivedcontract and estimated cost for said
and filed. Seconded by Council Member Buol.improvements for said project.
Motion carried 6-0. Passed, adopted and approved this 16th
day of June, 1997.
RESOLUTION NO. 264-97Terrance M. Duggan, Mayor
ORDERING BIDSAttest: Mary A. Davis, City Clerk
Whereas, sealed proposals have beenCouncil Member Michalski moved adoption
submitted for the City Government Inter-of the Resolution. Seconded by Council
Facility Fiber Optic Communication Network -Member Robbins. Motion carried 6-0.
Phase 1 - Construction/Installation of Buried
Ducts with Innerducts pursuant to ResolutionCity Manager recommending to award
No. 231-97 and notice to bidders published incontract for project, presented and read.
a newspaper published in the City of DubuqueCouncil Member Council Member Michalski
on the 23rd day of May, 1997; andmoved that the communication be received
Whereas, said sealed proposals wereand filed. Seconded by Council Member
opened and read on the 3rd day of June,Robbins. Motion carried 6-0.
1997.
NOW THEREFORE, BE IT RESOLVEDRESOLUTION NO. 266-97
BY THE COUNCIL OF THE CITY OFAWARDING CONTRACT
DUBUQUE, IOWA:Whereas, sealed proposals have been
That the sole proposal of Voelkenssubmitted by contractors for the Dubuque
Excavating of Dyersville, Iowa for the aboveGreyhound Park & Casino - Purchase of
improvement be rejected due to the lack of aMethane Collection System Equipment
sufficient bid security.pursuant to Resolution No. 245-97 and notice
That the City Clerk is hereby directed toto bidders published in a newspaper published
advertise for bids for the construction of thein the City of Dubuque, Iowa on the 6th day of
improvements herein provided, to be publishedJune, 1997.
in a newspaper having general circulation inWhereas, said sealed proposals were
the City of Dubuque, Iowa, which notice shallopened and read on the 10th day of June,
not be less than four days nor more than1997 and it has been determined that the bid
twenty days prior to the receipt of said bids atof RAECO, Inc. of Chicago Heights, Illinois, in
2:00 p.m. on the 27th of June, 1997. Bidsthe amount of $33,231.00 was the lowest bid
shall be opened and read by the City Clerk atfor the furnishings of all labor and materials
said time and will be submitted to the Counciland performing the work as provided for in the
for final action at 7:00 p.m. on the 7th day ofplans and specifications.
July, 1997.NOW THEREFORE, BE IT RESOLVED
Passed, adopted and approved this 16thBY THE CITY COUNCIL OF THE CITY OF
day of June, 1997.DUBUQUE, IOWA:
Terrance M. Duggan, MayorThat the contract for the above
Attest: Mary A. Davis, City Clerk improvement be awarded to RAECO, Inc. and
Council Member Voetberg moved adoptionthe Manager be and is hereby directed to
of the Resolution. Seconded by Councilexecute a contract on behalf of the City of
Regular Session, June 16, 1997
Dubuque for the complete performance of theNOW THEREFORE, BE IT RESOLVED
work.BY THE CITY COUNCIL OF THE CITY OF
BE IT FURTHER RESOLVED:DUBUQUE, IOWA:
That upon the signing of said contract andThat the contract for the above
the approval of the contractor's bond, the Cityimprovement be awarded to Portzen
Treasurer is authorized and instructed toConstruction, Inc. and the Manager be and is
return the bid deposits of the unsuccessfulhereby directed to execute a contract on
bidders.behalf of the City of Dubuque for the complete
Passed, approved and adopted this 16thperformance of the work.
day of June, 1997.BE IT FURTHER RESOLVED:
Terrance M. Duggan, MayorThat upon the signing of said contract and
Attest: Mary A. Davis, City Clerkthe approval of the contractor's bond, the City
Council Member Michalski moved adoptionTreasurer is authorized and instructed to
of the Resolution. Seconded by Councilreturn the bid deposits of the unsuccessful
Member Robbins. Motion carried 6-0. bidders.
Passed, approved and adopted this 16th
City Manager submitting information forday of June, 1997.
work session on Mississippi Riverwalk andTerrance M. Duggan, Mayor
Amenities Project now scheduled for July 7,Attest: Mary A. Davis, City Clerk
1997 at 5:15 p.m. in the Library, presentedCouncil Member Voetberg moved adoption
and read. Council Member Voetberg movedof the Resolution. Seconded by Council
that the communication and information beMember Buol. Motion carried 6-0.
received and filed. Seconded by Council
Member Michalski. Motion carried 6-0. RESOLUTION NO. 268-97
RESOLUTION APPROVING PROJECT
Greater Dubuque Development to presentAGREEMENT WITH THE IOWA
a verbal status report for term commencing onDEPARTMENT OF TRANSPORTATION
July 1, 1996 and ending June 30, 1997,RELATING TO THE RECONSTRUCTION
presented and read. Council MemberOF JONES STREET CONNECTOR
Voetberg moved that the communication beWhereas, the City of Dubuque has
received and filed. Seconded by Councildeveloped plans for the reconstruction of the
Member Robbins. Motion carried 6-0. Jones Street Connector; and
Whereas, the City has requested funding
Rick Dickinson spoke giving a quarterlyfrom the Iowa Department of Transportation;
update of their work and projects.and
Whereas, the Iowa Department of
Proof of publication certified to by theTransportation has prepared and submitted to
Publisher on Notice to Bidders of the receiptthe City Council for approval a Project
of bids for the Construction of 1997 P.C.Agreement relating to the Jones Street
Concrete Paving Project; Communication fromConnector; and
William Brown advising of being in favor ofWhereas, the City of Dubuque approves
resurfacing of Spruce Street, however,the terms and conditions of said Project
requesting placement of water main in SpruceAgreement.
Street, be done at this time during theNOW, THEREFORE, BE IT RESOLVED
construction at no cost to property owners;BY THE CITY COUNCIL OF THE CITY OF
City Manager submitting information related toDUBUQUE, IOWA:
Mr. Brown’s concerns and City ManagerSection 1. That Project Agreement 87-4-
recommending to award contract for project210 between the City of Dubuque and the
and submitting information on Staff’s meetingIowa Department of Transportation for the
with Jeff Nagle, presented and read. Councilmodification of Jones Street and S. Main
Member Voetberg moved that the proof andStreet intersection be approved and that the
communications be received and filed.Mayor be authorized and directed to execute
Seconded by Council Member Buol. Motiontwo (2) copies of this agreement and forward
carried 6-0. the executed copies to the Iowa Department of
Transportation for their approval.
RESOLUTION NO. 267-97Passed, approved and adopted this 16th
AWARDING CONTRACTday of June, 1997.
Whereas, sealed proposals have beenTerrance M. Duggan, Mayor
submitted by contractors for the 1997 PCAttest: Mary A. Davis, City Clerk
Paving Project pursuant to Resolution No.215-Council Member Voetberg moved adoption
97 and notice to bidders published in aof the Resolution. Seconded by Council
newspaper published in the City of Dubuque,Member Buol. Motion carried 6-0.
Iowa on the 1st day of May, 1997.
Whereas, said sealed proposals wereCity Manager submitting two ordinances
opened and read on the 5th day of June, 1997providing for traffic controls at Cedar Cross
and it has been determined that the bid ofRoad and Fremont Avenue intersection,
Portzen Construction, Inc. of Dubuque, Iowapresented and read. Council Member Buol
in the amount of $772,069.25 was the lowestmoved that the communication be received
bid for the furnishings of all labor andand filed. Seconded by Council Member
materials and performing the work as providedRobbins. Motion carried 6-0.
for in the plans and specifications.
Regular Session, June 16, 1997
An Ordinance Amending Subsection (b) ofDUBUQUE, IOWA:
Section 32-214 of City Code providing for stopSection 1. That the Code of Ordinances of
signs at intersection of North Cascade Roadthe City of Dubuque, Iowa be amended by
and Fremont Ave, presented and read. deleting Fremont Avenue from Subsection (b),
(OFFICIAL PUBLICATION)of Section 32-213 thereof as follows:
ORDINANCE NO. 35-97“Sec. 32-213. Entering Through Streets.
AN ORDINANCE AMENDING THE CODE(b)
OF ORDINANCES OF THE CITY OF* * * *
DUBUQUE, IOWA BY MODIFYINGFremont Avenue, from the south property
SUBSECTION (b) OF SECTION 32-214line of Dodge Street to the north property
THEREOF BY DELETING THE STOP SIGNline of Simpson Street, and from the south
ON CEDAR CROSS ROAD AT NORTHproperty line of Simpson Street to its
CASCADE ROAD AND ADDING STOPwesterly terminus at the City limits.
SIGNS AT THE INTERSECTION OFSection 2. That the code of Ordinances of
NORTH CASCADE AND FREMONTthe City of Dubuque, Iowa be amended by
AVENUEadding Fremont Avenue to Subsection (b) of
NOW, THEREFORE, BE IT ORDAINEDSection 32-213 thereof as follows:
BY THE CITY COUNCIL OF THE CITY OF“Sec. 32-213. Entering Through Streets.
DUBUQUE, IOWA:(b)
Section 1. That the Code of Ordinances of* * * *
the City of Dubuque, Iowa be amended byFremont Avenue, from the south property
deleting Cedar Cross road to Subsection (b)line of Dodge Street to the north property
of Section 32-214 thereof as follows:line of Simpson Street, and from the south
“Sec. 32-214. Stop Intersections.property line of Simpson Street to the south
(b)property line of North Cascade Road.
* * * *Passed, approved and adopted this 16th
SOUTHBOUNDday of June, 1997.
Cedar Cross Road and North CascadeTerrance M. Duggan, Mayor
Road.Attest: Mary A. Davis, City Clerk
Section 2. That the Code of Ordinances ofPublished officially in the Telegraph Herald
the City of Dubuque, Iowa be amended bynewspaper this 20th day of June, 1997.
adding North Cascade Road to Subsection (b)
1t 6/20Mary A. Davis CMC, City Clerk
of Section 32-214 thereof as follows:
Council Member Buol moved that the
“Sec. 32-214. Stop Intersections.
requirement that a proposed Ordinance be
EASTBOUND AND WESTBOUND
considered and voted on for passage at two
North Cascade Road and Cedar Cross
Council Meetings prior to the meeting at which
Road.
it is to be finally passed be suspended.
Passed, approved and adopted this 16th
Seconded by Council Member Robbins.
day of June, 1997.
Motion carried 6-0. Council Member Buol
Terrance M. Duggan, Mayor
moved final consideration and passage of the
Attest: Mary A. Davis, City Clerk
Ordinance. Seconded by Council Member
Published officially in the Telegraph Herald
Robbins. Motion carried 6-0.
newspaper this 20th day of June, 1997.
1t 6/20 Mary A. Davis CMC, City Clerk City Manager recommending that Mike
Council Member Buol moved that theYager be allowed to construct a planter on St.
requirement that the proposed Ordinance beJohn Dr., presented and read. Council
considered and voted on for passage at twoMember Michalski moved that the
Council Meetings prior to the meeting at whichcommunication be received and filed.
it is to be finally passed be suspended.Seconded by Council Member Voetberg.
Seconded by Council Member Robbins.Motion carried 6-0.
Motion carried 6-0. Council Member Buol
moved final consideration and passage of theAn Ordinance Authorizing Tom Francois
Ordinance. Seconded by Council Memberd/b/a Francois Masonry to construct planter at
Robbins. Motion carried 6-0. 2390 St. John Drive, presented and read.
An Ordinance Amending Subsection (b) of(OFFICIAL PUBLICATION)
Section 32-213 of City Code providing forORDINANCE NO. 37-97
through street designation for FremontAN ORDINANCE AUTHORIZING TOM
Avenue, presented and read. FRANCOIS dba FRANCOIS MASONRY TO
CONSTRUCT A PLANTER AT ST. JOHN
(OFFICIAL PUBLICATION)DRIVE, DUBUQUE, IOWA
ORDINANCE NO. 36-97NOW THEREFORE, BE IT ORDAINED
AN ORDINANCE AMENDING THE CODEBY THE CITY COUNCIL OF THE CITY OF
OF ORDINANCES OF THE CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA BY REVISINGSection 1. That Mike Jager as the owner of
SUBSECTION (b) OF SECTION 32-213the premises known as 2390 St. John Dr.,
THEREOF PROVIDING FOR THE CHANGEDubuque, Iowa, and legally described as Lot
OF THROUGH STREET DESIGNATION1-1 Paisley’s Place #2 be and they are hereby
FOR FREMONT AVENUEgranted the revocable permit and authority to
NOW, THEREFORE, BE IT ORDAINEDconstruct and maintain a planter on St. John
BY THE CITY COUNCIL OF THE CITY OFDr., Dubuque, Iowa under the terms and
Regular Session, June 16, 1997
conditions set forth in this Ordinance.of Dubuque in the event of claim asserted for
Section 2. That such construction shall bedeath, personal injuries and/or property
done in accordance with plans heretoforedamage against the permittees arising out of
submitted by permittees and approved by theor in any way connected with the location,
City Manager, under the supervision andinstallation, construction, design, repair and
direction of the City Manager, and inmaintenance of the facility herein permitted.
accordance with all applicable state andSection 6. (Special requirements,
federal laws and regulations, and theeasements, if any)
Ordinances of the City of Dubuque.Section 7. This Ordinance shall become
Section 3. That the permission hereineffective and the rights hereunder accrue to
granted is expressly conditioned onMike Yager when this Ordinance has been
permittees' agreement to:adopted by the City Council and the terms and
a.Assume any and all liability for damages toconditions thereof accepted by permittees by
persons or property which may result fromacceptance endorsed on this Ordinance.
the existence, location, installation,Section 8. That the City Clerk be and she
construction or maintenance of saidis authorized and directed to file at permittees'
planter; andexpense a copy of this ordinance in the Office
b.Procure and maintain in force during theof the Recorder in and for Dubuque County,
term of this permit a policy of liabilityIowa.
insurance as set forth in the attachedPassed, approved and adopted this 16th
Insurance Schedule; andday of June 1997.
c.Pay on behalf of the City of Dubuque, allTerrance M. Duggan, Mayor
sums which the City of Dubuque shallAttest: Mary A. Davis, City Clerk
become obligated to pay by reason of theACCEPTANCE OF ORDINANCE NO. 37-97
liability imposed upon the City of DubuqueThe undersigned having read and being
for damages of any kind resulting from thefamiliar with the terms and conditions of
location, installation, existence,Ordinance No. 37-97, hereby, for themselves,
construction or maintenance of said plantertheir successors or assigns, as owners of the
sustained by any person or persons,abutting property, accept the same and agree
caused by accident or otherwise to defendto be bound by the conditions and agreements
at its own expense and on behalf of saidtherein contained to be performed by
City any claim against the City of Dubuquepermittees.
arising out of the location, installation,By: Mike Yager
existence, construction or maintenance ofTitle: Property Owner
planter at St. John Dr. Dubuque, Iowa andDated: 5-19-97
to pay reasonable attorney fees therefore;Published officially in the Telegraph Herald
and
newspaper this 26th day of June, 1997.
d.Indemnify, defend and hold the City of
1t 6/26Mary A. Davis CMC, City Clerk
Dubuque free and harmless from any and
Council Member Michalski moved that the
all claims, loss, liability and expense for
requirement that the proposed Ordinance be
death and/or injuries to third persons or
considered and voted on for passage at two
damages to property of third persons, or for
Council Meetings prior to the meeting at which
damage to any property of the City of
it is to be finally passed be suspended.
Dubuque which may occur as a result of or
Seconded by Council Member Voetberg.
in connection with the location, installation,
Motion carried 6-0. Council Member Michalski
construction, maintenance and repair of the
moved final consideration and passage of the
facility, work or improvement permitted
Ordinance. Seconded by Council Member
herein.
Voetberg. Motion carried 6-0.
Section 4. That the permission herein
granted is expressly conditioned upon
Zoning Advisory Commission advising of
permittees' further agreement that should the
their approval to rezone property at 13320-
right and privilege herein granted be rescinded
13350 Highway 20 West from AG to C-3
or revoked by the City Council, permittees, or
District as requested by Ed Tschiggfrie,
their successors in interest, as owners of thepresented and read. Council Member
abutting property, shall within ten (10) daysVoetberg moved that the communication be
after receipt of written notice from the Cityreceived and filed. Seconded by Council
Manager, so to do, at their own expense,Member Buol. Motion carried 6-0.
remove said planter and in the event of their
failure to do so, the City of Dubuque shall beAn Ordinance Amending Zoning Map by
authorized to remove said sign at permittees'rezoning property located at 13320-13350
expense and dispose of the same, and theHighway 20 West from AG Agricultural
permittee shall have no claim against the CityDistrict to C-3 General Commercial District,
or its agents for damages resulting from thepresented and read. Council Member
removal of said planter.Council Member Voetberg moved that the
Section 5. That permittees covenant and
requirement that a proposed Ordinance be
agree that the revocable permit herein granted
considered and voted on for passage at two
does not constitute an approval of the design,
Council Meetings prior to the meeting at which
erection, location, construction, repair or
it is to be finally passed be suspended.
maintenance of said facility and said
Seconded by Council Member Buol. Motion
permittees hereby covenant and agree not to
carried 6-0. Council Member Voetberg moved
assert such claim or defense against the City
that a Public Hearing be held on the proposed
Regular Session, June 16, 1997
Ordinance on the 7th day of July, 1997 at 7:00placed same on file in the office of the City
p.m. in the Public Library Auditorium and thatClerk for public inspection of the Dubuque
the City Clerk publish notice in the mannerGreyhound Park & Casino - Parking Lot
prescribed by law. Seconded by CouncilImprovements.
Member Buol. Motion carried 6-0. NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Zoning Advisory Commission advising ofDUBUQUE, IOWA:
their approval to reclassify property at 1104That on the 7th day of July, 1997, a public
White Street from C-4 to C-1 as requested byhearing will be held at 7:00 p.m. in the Public
Neil & Katherine Kelley, presented and read.Library Auditorium at which time interested
Council Member Voetberg moved that thepersons may appear and be heard for or
communication be received and filed.against the proposed plans and specifications,
Seconded by Council Member Buol. Motionform of contract and cost of said improvement,
carried 6-0. and the City Clerk be and is hereby directed to
cause a notice of time and place of such
An Ordinance Amending Zoning Map byhearing to be published in a newspaper having
reclassifying property located at 1104 Whitegeneral circulation in the City of Dubuque,
Street from C-4 Downtown CommercialIowa, which notice shall be not less than four
District to C-1 Neighborhood Commercialdays nor more than twenty days prior to the
District (Applicant requests public hearing beday fixed for its consideration. At the hearing,
set for 8-4-97), presented and read. Councilany interested person may appear and file
Member Voetberg moved that the requirementobjections to the proposed plans,
that a proposed Ordinance be considered andspecifications, contract, or estimated cost of
voted on for passage at two Council Meetingsthe improvement.
prior to the meeting at which it is to be finallyPassed, adopted and approved this 16th
passed be suspended. Seconded by Councilday of June, 1997.
Member Buol. Motion carried 6-0. CouncilTerrance M. Duggan, Mayor
Member Voetberg moved that a PublicAttest: Mary A. Davis, City Clerk
Hearing be held on the proposed OrdinanceCouncil Member Buol moved adoption of
on the 4th day of August, 1997 at 7:00 p.m. inthe Resolution. Seconded by Council Member
the Public Library Auditorium and that the CityRobbins. Motion carried 6-0.
Clerk publish notice in the manner prescribed
by law. Seconded by Council Member Buol.RESOLUTION NO. 271-97
Motion carried 6-0. ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
City Manager submitting documentsBY THE COUNCIL OF THE CITY OF
providing for bidding projects at DubuqueDUBUQUE, IOWA:
Greyhound Park & Casino, presented andThat the Dubuque Greyhound Park &
read. Council Member Buol moved that theCasino - Parking Lot Improvements is hereby
communication be received and filed.ordered to be advertised for bids for
Seconded by Council Member Robbins.construction.
Motion carried 6-0. BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
RESOLUTION NO. 269-97shall be in an amount which shall conform to
PRELIMINARY APPROVALthe provisions of the notice to bidders hereby
OF PLANS AND SPECIFICATIONSapproved as a part of the plans and
NOW THEREFORE, BE IT RESOLVEDspecifications heretofore adopted.
BY THE CITY COUNCIL OF THE CITY OFThat the City Clerk is hereby directed to
DUBUQUE, IOWA:advertise for bids for the construction of the
That the proposed plans, specifications,improvements herein provided, to be published
form of contract and estimated cost for thein a newspaper having general circulation in
Dubuque Greyhound Park & Casino - Parkingthe City of Dubuque, Iowa, which notice shall
Lot Improvements, in the estimated amount ofnot be less than four days nor more than
$325,615.00, are hereby approved andtwenty days prior to the receipt of said bids at
ordered filed in the office of the City Clerk for2:00 p.m. on the 25th day of June, 1997. Bids
public inspection.shall be opened and read by the City Clerk at
Passed, adopted and approved this 16thsaid time and will be submitted to the Council
day of June, 1997.for final action at 7:00 p.m. on the 7th day of
Terrance M. Duggan, MayorJuly, 1997.
Attest: Mary A. Davis, City ClerkPassed, adopted and approved this 16th
Council Member Buol moved adoption ofday of June, 1997.
the Resolution. Seconded by Council MemberTerrance M. Duggan, Mayor
Robbins. Motion carried 6-0. Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
RESOLUTION NO. 270-97the Resolution. Seconded by Council Member
FIXING DATE OF HEARINGRobbins. Motion carried 6-0.
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City ofRESOLUTION NO. 272-97
Dubuque, Iowa has given its preliminaryPRELIMINARY APPROVAL
approval on the proposed plans,OF PLANS AND SPECIFICATIONS
specifications, and form of contract andNOW THEREFORE, BE IT RESOLVED
Regular Session, June 16, 1997
BY THE CITY COUNCIL OF THE CITY OFThat the City Clerk is hereby directed to
DUBUQUE, IOWA:advertise for bids for the construction of the
That the proposed plans, specifications,improvements herein provided, to be published
form of contract and estimated cost for thein a newspaper having general circulation in
Dubuque Greyhound Park & Casino - Loadingthe City of Dubuque, Iowa, which notice shall
Dock Improvements, in the estimated amountnot be less than four days nor more than
of $42,920.00, are hereby approved andtwenty days prior to the receipt of said bids at
ordered filed in the office of the City Clerk for2:00 p.m. on the 25th day of June, 1997. Bids
public inspection.shall be opened and read by the City Clerk at
Passed, adopted and approved this 16thsaid time and will be submitted to the Council
day of June, 1997.for final action at 7:00 p.m. on the 7th day of
Terrance M. Duggan, MayorJuly, 1997.
Attest: Mary A. Davis, City ClerkPassed, adopted and approved this 16th
Council Member Buol moved adoption ofday of June, 1997.
the Resolution. Seconded by Council MemberTerrance M. Duggan, Mayor
Robbins. Motion carried 6-0. Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
RESOLUTION NO. 273-97the Resolution. Seconded by Council Member
FIXING DATE OF HEARINGRobbins. Motion carried 6-0.
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City ofThere being no further business, Council
Dubuque, Iowa has given its preliminaryMember Voetberg moved to adjourn.
approval on the proposed plans,Seconded by Council Member Robbins.
specifications, and form of contract andMotion carried 6-0. The meeting adjourned at
placed same on file in the office of the City7:33 p.m.
Clerk for public inspection of the Dubuque
Greyhound Park and Casino - Loading Dock
Improvements.Mary A. Davis CMC
NOW THEREFORE, BE IT RESOLVEDCity Clerk
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:Approved , 1997
That on the 7th day of July, 1997, a public
hearing will be held at 7:00 p.m. in the PublicAdopted , 1997
Library Auditorium at which time interested
persons may appear and be heard for or
against the proposed plans and specifications,Mayor
form of contract and cost of said improvement,
and the City Clerk be and is hereby directed to
cause a notice of time and place of such
hearing to be published in a newspaper having
general circulation in the City of Dubuque,
Iowa, which notice shall be not less than four
days nor more than twenty days prior to the
day fixed for its consideration. At the hearing,
any interested person may appear and file
objections to the proposed plans,
specifications, contract or estimated cost of
the improvement.Council Members
Passed, adopted and approved this 16thAttest:
day of June, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkCity Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Robbins. Motion carried 6-0.
RESOLUTION NO. 274-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Dubuque Greyhound Park &
Casino - Loading Dock Improvements is
hereby ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.