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1997 July Council Proceedings Regular Session, July 7, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 7, 1997 Council Met at 5:00 P.M., Public Library Auditorium. Approved , 1997 Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Adopted , 1997 Voetberg, City Manager Michael C. Van Milligen. Mayor Duggan read the call and stated this Mayor is a Special Session of the City Council called for the purpose to discuss and give further direction on the Mississippi Riverwalk and Amenities project in specific areas. Discussion on the Mississippi Riverwalk and Amenities Project in specific areas was held. Council Member Michalski moved that the documents be received and filed and a public hearing be set on this project for July 21, 1997 at 7:00 p.m. in the Public Library Auditorium Council Members and directed the City Clerk to publish notice in Attest: the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. City Clerk There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Buol. Motion carried 7-0. The meeting adjourned at 6:57 p.m. Mary A. Davis CMC City Clerk Regular Session, July 7, 1997 Westemeier in approx. amt. of $250.00 for vehicle damages, presented and read. DUBUQUE Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by CITY COUNCIL Council Member Michalski. Motion carried 7- 0. OFFICIAL Corporation Counsel advising personal PROCEEDINGS injury claim of Ethel Hutter has been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool, presented City Council, Regular Session, July 7, 1997 and read. Council Member Voetberg Voetberg Council Met at 7:00 p.m., Public Library moved that the communication be received Auditorium. and filed. Seconded by Council Member Present: Mayor Duggan, Council Members Michalski. Motion carried 7-0. Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael C. Van City of Asbury advising of voluntary Milligen, Corporation Counsel Barry A. annexation of twelve parcels of property lying Lindahl. west of their City’s corporate limits, presented and read. Council Member Voetberg moved Mayor Duggan read the call and stated this that the communication be received and filed. is the Regular Session of the City Council Seconded by Council Member Michalski. called for the purpose to act upon such Motion carried 7-0. business which may properly come before the Council. June 25, 1997 Honorable Mayor and Members of the City Invocation was given by Rev. Woody Council Allabough, Pastor of the Third Presbyterian In accordance with Chapter 400 of the 1997 Church. Code of Iowa, the Civil Service Commission conducted a written examination on May 29, MINUTES SUBMITTED—Airport 1997 for the position of Equipment Mechanic Commission of 5-20; Cable TV Regulatory as requested by the Water Plant Manager. Commission of 6-18; Civil Service We hereby certify that the following individuals Commission of 5-14; Environmental have passed this written examination and Stewardship Advisory Commission of 6-3; vacancy for this position should be made from Five Flags Commission of 6-16; Human this list. Rights Commission of 5-12, presented and EQUIPMENT MECHANIC read. Council Member Voetberg moved that Kenneth MasseyThomas Moriarity the minutes be received and filed. Seconded Jim Gillen by Council Member Michalski. Motion carried Respectfully submitted, 7-0. Merle J. Duehr, Jr. Chairperson Council Member Voetberg moved that the Loras J. Kluesner Library Board of Trustees Minutes of 5-22 be Civil Service Commission referred to the Library Board for correction. Council Member Voetberg moved that the Seconded by Council Member Michalski. above Civil Service certification be made a Motion carried 7-0. matter of record. Seconded by Council Member Michalski. Motion carried 7-0. Proofs of Publication on publishing City Council proceedings for meeting of 6-2 & 6- City Manager recommending to refer the 16; List of Claims and Summary of Revenues communication with Attorney Brendan Quann for month ending 5-31-97, presented and regarding an incident with their client “Molo read. Council Member Voetberg moved that Big-10 Mart” to him, presented and read. the proofs be received and filed. Seconded by Council Member Voetberg moved that this Council Member Michalski. Motion carried 7- matter be referred to the City Manager. 0. Seconded by Council Member Michalski. Motion carried 7-0. NOTICES OF CLAIMS/SUITS — Olin Bechen in amount of $1,108.65 for vehicle Terry & Sue Brown requesting to purchase damages; Edward Francis Davis in amount of 20 feet of property directly west of their home $584.84 for vehicle damages; Wendel at 2215 Marion St., presented and read. Draman in est. amt. of $362.21 for vehicle Council Member Voetberg moved that this damages; Gloria S. Hill in amount of $245.00 matter be referred to the City Manager. for personal injuries; Mary J. Johns in amount Seconded by Council Member Michalski. of $700.00 for personal injuries; Shawn Motion carried 7-0. Kascel in amount of $50.00 for tire damages; Marion Mauer by Attorney Patricia M. Reisen Council Member Voetberg requesting in unknown amount for personal injuries; Ron Corporation Counsel to investigate the “Brady Pfiffner in amount of $288.38 for truck Bill” decision by the U.S. Supreme Court, damages; Sisters of St. Francis in amount of presented and read. Council Member $114.93 for vehicle damages; Amber Regular Session, July 7, 1997 Voetberg moved that this matter be referred toImpact on the Environment and Notice of the Legal Staff. Seconded by CouncilIntent to Request Release of Funds for the Member Michalski. Motion carried 7-0. Kerper Boulevard Industrial Park and Operation New View/Bluff Street Head Start Kristin Hartig advising of intent to appeal aand to make the Environmental Review tree planting complaint, presented and read.Record for said projects available for public Council Member Voetberg moved that thisinspection and comment until 4:30 p.m. on matter be tabled to the Council Meeting of 8-4-July 25, 1997. Such notice shall be in the 97. Seconded by Council Member Michalski.form of Exhibit "A" attached hereto and made Motion carried 7-0. a part hereof. Section 2. That the environmental review City Manager recommending approval torecord for the projects shall be placed on file publish Notice of Finding and Intent toin the Office of the City Clerk where said Release Funds, presented and read. Councilrecord may be examined and copied by any Member Voetberg moved that theinterested party. communication be received and filed.Section 3. That the Mayor of the City of Seconded by Council Member Michalski.Dubuque is hereby authorized and directed to Motion carried 7-0. submit to the U.S. Department of Housing and Urban Development fifteen (15) days after RESOLUTION NO. 275-97publication of appropriate notice a Request for A RESOLUTION AUTHORIZINGRelease of Funds to undertake the said PUBLICATION OF A COMBINED NOTICEprojects. OF FINDING OF NO SIGNIFICANT IMPACTSection 4. That the Mayor of the City of ON THE ENVIRONMENT AND NOTICE OFDubuque is hereby authorized to consent to INTENT TO REQUEST RELEASE OFassume the status of a responsible federal FUNDS FOR THE KERPER BOULEVARDofficial under the National Environmental INDUSTRIAL PARK AND OPERATIONProtection Act, insofar as the provisions of the NEW VIEW/BLUFF STREET HEAD STARTsaid Act apply to the U.S. Department of PROJECTS.Housing and Urban Development Whereas, the City of Dubuque has enteredresponsibilities for review, decision making, into a Grant Agreement for the with the U.S.and action assumed and carried out by the Department of Housing and UrbanCity of Dubuque as to environmental issues. Development, providing for financialSection 5. That the Mayor of the City of assistance to the City under Title I of theDubuque is hereby authorized to consent Housing and Community Development Act ofpersonally, in his official capacity and on 1974, as amended; andbehalf of the City of Dubuque, to accept the Whereas, pursuant to the rules andjurisdiction of the federal courts if an action is regulations as promulgated by the U.S.brought to enforce responsibilities in relation to Department of Housing and Urbanenvironmental review, decision making and Development, an environmental review hasaction. been processed for the Kerper BoulevardSection 6. That the Mayor of the City of Industrial Park and Operation New View/BluffDubuque be and he is hereby authorized and Street Head Start to be financed withdirected to execute a certification pertaining to Community Development Block Grant funds;the environmental review procedures. andPassed, approved and adopted this 7th day Whereas, based on said environmentalof July, 1997. reviews, the Department of Community andTerrance M. Duggan, Mayor Economic Development has determined thatAttest: Mary A. Davis, City Clerk said projects will have no significant impact onCouncil Member Voetberg moved adoption the environment; andof the Resolution. Seconded by Council Whereas, a combined notice of " Finding ofMember Michalski. Motion carried 7-0. No Significant Impact on the Environment" and of "Intent to Request Release of Funds"City Manager recommending approval of for said projects will be sent by regular mail toPurchase of Service Agreements with the various federal, state and local publicfollowing organizations: Project Concern, Inc. agencies; to the appropriate Regional Office ofInformation and Referral Program in the the Environmental Protection Agency, to theamount of $24,500 and Child Care Referral HUD Area Office and to the local news media,Program in the amount of $7,400; Washington individuals and groups known to be interestedTool Library, inc. in amount of $10,000; and believed to be appropriate to receive suchSubstance Abuse Services Center in amount a notice; andof $11,450; Operation: New View in amount of Whereas, any and all comments received$13,675; Project Concern, Inc., Foster as a result of such notice will be dulyGrandparent Program in amount of $5,047; considered before proceeding with a RequestDubuque Area Labor-Management Council in for Release of Funds and Certification.amount of $15,008; Helping Services of NOW, THEREFORE, BE IT RESOLVEDNortheast Iowa, Inc. in amount of $1,823; BY THE CITY COUNCIL OF THE CITY OFGreater Dubuque Development Corporation in DUBUQUE, IOWA:amount of $80,318; RSVP in amount of Section 1. That the City Clerk be and is$7,162; Dubuque Area Chamber of hereby authorized and directed to publish aCommerce Convention and Visitors Bureau in combined Notice of Finding of No Significantamount of $394,053; Dubuque Main Street, Regular Session, July 7, 1997 Ltd. in amount of $42,966, presented andSection 4. That the Mayor is hereby read. Council Member Voetberg moved thatauthorized and directed to execute, on behalf the agreements be approved. Seconded byof the City Council of the City of Dubuque, Council Member Michalski. Motion carried 7-Iowa, each of the Utility Relocation 0. Agreements as hereby attached and to forward the agreements to the Iowa City Manager recommending approval of adepartment of Transportation for authorization. contract with HUD for the lead paint hazardPassed, approved and adopted this 7th day reduction in residential properties program andof July, 1997. authorize Mayor to sign, presented and read.Terrance M. Duggan, Mayor Council Member Voetberg moved that theAttest: Mary A. Davis, City Clerk communication be received and filed andCouncil Member Voetberg moved adoption recommendation approved. Seconded byof the Resolution. Seconded by Council Council Member Michalski. Motion carried 7-Member Michalski. Motion carried 7-0. 0. City Manager recommending to approve City Manager recommending approval ofrequest to transfer funds from two projects to agreements for the Old Main Freewayallow for emergency replacement of the Five Frontage improvement Project, presented andFlags Center arena roof, presented and read. read. Council Member Voetberg moved thatCouncil Member Voetberg moved that the the communication be received and filed.communication be received and filed and Seconded by Council Member Michalski.recommendation approved. Seconded by Motion carried 7-0. Council Member Michalski. Motion carried 7- 0. RESOLUTION NO. 276-97 RESOLUTION APPROVING UTILITYCity Manager recommending approval of RELOCATION AGREEMENTS WITHagreement with HUD for funds in Fiscal Year INTERSTATE POWER COMPANY, US1998, presented and read. Council Member WEST COMMUNICATIONS AND TCI OFVoetberg moved that the communication be IOWA, INC. FOR THE OLD MAINreceived and filed. Seconded by Council FREEWAY FRONTAGE IMPROVEMENTMember Michalski. Motion carried 7-0. PROJECT Whereas, the City of Dubuque, Iowa hasRESOLUTION NO. 277 -97 received federal Intermodal SurfaceRESOLUTION AUTHORIZING EXECUTION Transportation Efficiency Act (ISTEA) fundingOF A COMMUNITY DEVELOPMENT from the Iowa Department of TransportationBLOCK GRANT AGREEMENT WITH THE under the Statewide Enhancement FundingU.S. DEPARTMENT OF HOUSING AND Program for the Old Main Freeway FrontageURBAN DEVELOPMENT. Improvement Project; and Whereas, under provisions of Title I of Whereas, the Old Main Freeway FrontageHousing and Community Development Act of Improvement Project consists of placing1974, as amended, the City of Dubuque underground the overhead wires in a fourprepared and submitted an Annual Action block area of downtown Dubuque adjoiningPlan for a Community Development Block U.S. Highway 61-151; and Grant; and Whereas, said project furthers the goalsWhereas, the submission has been and objectives of the Downtown Urbanapproved by the U.S. Department of Housing Renewal Plan; and and Urban Development in the amount of Whereas, Utility Relocation Agreements$1,407,000 for a twelve month program year between the City of Dubuque and Interstatecommencing July 1, 1997 and ending June Power Company, US West Communications30, 1998; and and TCI of Iowa, Inc. To relocate their aboveWhereas, a grant agreement covering the ground facilities underground between 4thactivities proposed to be carried out with the Street and the Locust Street connector haveCommunity Development Block Grant funds been prepared and are attached hereto.has been transmitted to the City of Dubuque NOW, THEREFORE, BE IT RESOLVEDby the U. S. Department of Housing and BY THE CITY COUNCIL OF THE CITY OFUrban Development.. DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED Section 1. That the attached UtilityBY THE CITY COUNCIL OF THE CITY OF Relocation Agreement between the City ofDUBUQUE, IOWA: Dubuque and with Interstate Power CompanySection 1. That the Funding for a total estimated cost of $423,654 isApproval/Agreement, authorized by the U.S. hereby approved.Department of Housing and Urban Section 2. That the attached UtilityDevelopment on June 12, 1997 for a Relocation Agreement between the city ofCommunity Development Block Grant to the Dubuque and with U.S. WestCity of Dubuque in the amount of $1,407,000 Communications for a total estimated cost ofand identified as Grant Number B-97-MC-19- $38,017 is hereby approved.0004 is hereby accepted. Section 3. That the attached UtilitySection 2. That the Mayor of the City of Relocation Agreement between the City ofDubuque be and he is hereby authorized and Dubuque and with TCI of Iowa, Inc. For a totaldirected to execute said Agreement on behalf estimated cost of $15,678 is hereby approved.of the City of Dubuque, Iowa. Regular Session, July 7, 1997 Passed, approved and adopted this 7th dayRESOLUTION NO. 278-97 of July, 1997.ACCEPTING IMPROVEMENT Terrance M. Duggan, MayorWhereas, the contract for the Stafford and Attest: Mary A. Davis, City ClerkRies Street Storm Sewer Extension has been Council Member Voetberg moved adoptioncompleted and the City Manager has of the Resolution. Seconded by Councilexamined the work and filed his certificate Member Michalski. Motion carried 7-0. stating that the same has been completed according to the terms of the contract, plans City Manager recommending submission ofand specifications and recommends it a $10,000 grant application to the Governor’sacceptance. Traffic Safety Bureau for the purchase ofNOW THEREFORE, BE IT RESOLVED portable devices that measure traffic counts,BY THE CITY COUNCIL OF THE CITY OF speed, and size of vehicles, presented andDUBUQUE, IOWA: read. Council Member Voetberg moved thatSection 1. That the recommendation of the the communication be received and filed andCity Manager be approved and that said approved recommendation. Seconded byimprovement be and the same is hereby Council Member Michalski. Motion carried 7-accepted. 0. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay City Manager submitting issues for the nextto the contractor from the Storm Sewer Fund session of the Iowa Legislature, as amendedin amount equal to the amount of his contract, per the City Manager, presented and read.less any retained percentage provided for Council Member Michalski moved that thetherein. communication be received and filed.Passed, approved and adopted this 7th day Seconded by Council Member Nicholson.of July, 1997. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk City Manager recommending to apply for aCouncil Member Voetberg moved adoption Law Enforcement Block Grant, presented andof the Resolution. Seconded by Council read. Council Member Council MemberMember Michalski. Motion carried 7-0. Voetberg moved that the communication be received and filed and recommendationRESOLUTION NO. 279-97 approved. Seconded by Council MemberFINAL ESTIMATE Michalski. Motion carried 7-0. Whereas, the contract for the Stafford and Ries Storm Sewer Extension has been City Manager recommending replacementcompleted and the City Engineer has of HVAC System at 18th Street, presentedsubmitted his final estimate showing the cost and read. Council Member Voetberg movedthereof including the cost of estimates, notices that the communication be received and filedand inspection and all miscellaneous costs; and recommendation approved. Seconded byNOW THEREFORE, BE IT RESOLVED Council Member Michalski. Motion carried 7-BY THE CITY COUNCIL OF THE CITY OF 0. DUBUQUE, IOWA: Section 1. That the cost of said City Manager recommending amendingimprovement is hereby determined to be City/Corey Development, Ltd., Real Estate$46,206.81 and the said amount shall be paid Contract to allow structural construction tofrom Storm Sewer Funds of the City of commence by September 1, 1997, presentedDubuque, Iowa. and read. Council Member Voetberg movedPassed, approved and adopted this 7th day that the communication be received and filedof July, 1997. and recommendation approved. Seconded byTerrance M. Duggan, Mayor Council Member Michalski. Motion carried 7-Attest: Mary A. Davis, City Clerk 0. Council Member Voetberg moved adoption of the Resolution. Seconded by Council City Manager recommending law firm ofMember Michalski. Motion carried 7-0. Miller & Van Eaton be retained to assist with telecommunication issues, presented andRESOLUTION NO. 280-97 read. Council Member Voetberg moved thatNOW, THEREFORE, BE IT RESOLVED the communication be received and filed andBY THE CITY COUNCIL OF THE CITY OF recommendation approved. Seconded byDUBUQUE, IOWA: Council Member Michalski. Motion carried 7-That the following having complied with the 0. provisions of law relating to he sale of Cigarettes within the City of Dubuque, Iowa, City Manager recommending acceptance ofbe granted a permit to sell Cigarettes and Stafford and Ries Street Storm SewerCigarette Papers within said City. Extension project, presented and read.14 RENEWALS Council Member Voetberg moved that theBILLY BUCKS EAST ST TAP communication be received and filed andMY-CAP VENDORS521 E 22ND ST recommendation approved. Seconded byDAY’S INN Council Member Michalski. Motion carried 7-VENDORS UNLIMITED1111 DODGE ST 0. DUBUQUE INN BEST WESTERN VENDORS UNLIMITED3434 DODGE ST Regular Session, July 7, 1997 HOLIDAY INN FIVE FLAGShave been submitted to this Council for KINSETH HOTEL450 MAIN STapproval and the same have been examined JULIEN INNVENDORS UNLIMITEDand approved; and 200 MAIN ST Whereas, the premises to be occupied by K C”S DOWNTOWN AUTOLYNN KRUSERsuch applicants were inspected and found to 205 LOCUST STcomply with the State Laws and all City LOUNGEPHILLIP LOVEOrdinances relevant thereto and they have 481 LOCUST STfiled proper bonds. MILKHOUSE ON GRANDVIEWNOW, THEREFORE, BE IT RESOLVED SANDRA J. MICHEL620 W. GRANDVIEWBY THE CITY COUNCIL OF THE CITY OF MURPH’S SOUTH END TAPDUBUQUE, IOWA: PAMELA J. MURPHY135 FREMONT AVEThat the Manager be authorized to cause to TONY’S PLACEbe issued the following named applicants a ANTHONY T KAMP1701 CENTRAL AVELiquor License. TOTT’S TAPCLASS “C” (COMMERCIAL) LISA TOTT & CAROL MEYERSBEER/LIQUOR LICENSE 3457 JACKSON STPamela J. MurphyMurphs South End Tap TRI STATE GOLF CENTER55 Locust TRI STATE GOLF CNTR INCPlastic Center Inc.Fischer Bowling Ln 1095 CEDAR CROSS RD+(Sunday Sale)800 Locust WHITE HOUSE TAPCraig J. WeinerWalnut Tap DAVID H. HOFFMAN450 W. LOCUST ST +(Sunday Sale)709 University ZIRK’SDENNIS ZIRKELBACHCurtis L. GerhardKnickers Saloon 1689 ELM ST +(Sunday Sale)2186 Central Passed, approved and adopted this 7th dayEthel SchwartzAirport Inn of July, 1997. +(Sunday Sale)574 E 16th St Terrance M. Duggan, MayorPeggy SchallerP.J.’s Tap Attest: Mary A. Davis, City Clerk + (Sunday Sale)500 Rhomberg Council Member Voetberg moved adoptionCLASS “BW” WINE of the Resolution. Seconded by CouncilMildred M DolterBasket Expressions Member Michalski. Motion carried 7-0. 474 Bluff St Passed, approved and adopted this 7th day RESOLUTION NO. 281-97of July, 1997. Whereas, applications for Beer PermitsTerrance M. Duggan, Mayor have been submitted and filed to this CouncilAttest: Mary A. Davis, City Clerk for approval and the same have beenCouncil Member Voetberg moved adoption examined and approved; and of the Resolution. Seconded by Council Whereas, the premises to be occupied byMember Michalski. Motion carried 7-0. such applicants were inspected and found to comply with the Ordinances of this City andBOARDS AND COMMISSIONS: have filed proper bonds.Applicants interested in serving on NOW, THEREFORE, BE IT RESOLVEDfollowing Boards/Commissions invited to BY THE CITY COUNCIL OF THE CITY OFaddress the Council to express their desire to DUBUQUE, IOWA:serve on the respective Board/Commission. That the Manager be authorized to cause to be issued the following named applicants aFIVE FLAGS COMMISSION - Applicant: Beer Permit.Gary Dolphin. CLASS “C” BEER PERMIT Iowa Oil CompLIBRARY BOARD - Applicants: J. L. IOCO Speede Shoppe # 3+(Sunday Sale)Felderman, Piper L. Kuhljuergen, Kristen 1998 JacksonSmith. Piper Kuhljuergen and Kristen Smith Mulgrew Oil Coboth spoke requesting consideration. JFK AMOCO FoodShop+(Sunday Sale) 1701 JFK RdPARK & RECREATION COMMISSION - Kristina ChapmanOky Doky Foods #14Applicants: Lon Boike, Gary Harjehausen and +(Sunday Sale)1050 UniversityKim Daykin. CLASS “B” BEER Kim Daykin spoke requesting (SPECIAL 5-DAY EVENT) consideration. St Elias The Prophet St Elias The Prophet +1075 RockdaleAPPOINTMENT TO HUMAN RIGHTS (Sunday & Outdoor Service)COMMISSION - Applicants - Linda Smith and Passed, approved and adopted this 7th dayDiane TeKippe. July, 1997.Vote on the appointment was as follows: Terrance M. Duggan, MayorMayor Duggan voted for TeKippe. Council Attest: Mary A Davis, City Clerk Council Member Voetberg moved adoption Member Buol voted for TeKippe. Council of the Resolution. Seconded by CouncilMember Krieg voted for Smith. Counicl Member Michalski. Motion carried 7-0. Member Michalski voted for Smith. Council Member Nicholson voted for TeKippe. RESOLUTION NO. 282-97Council Member Robbins voted for TeKippe. Whereas, applications for Liquor LicensesCouncil Member Voetberg voted for Smith. Regular Session, July 7, 1997 Therefore, Diane TeKippe was appointed to ansouthwest corner of Lot 2 of 1 of 2 (except unexpired term on the Human Rightsthe south 32.9 feet) of the Southwest One- Commission which will expire 1-1-2000.Quarter of the Southeast One-Quarter of Section 29; Council Member Robbins moved that it beThence North 89 degrees 37 minutes 37 resolved to suspend the rules to allow anyoneseconds East, 25.01 feet along the south present to address the Council if they soline of Lot 2 of 1 of 2 (except the south 32.9 desire. Seconded by Council Member Buol.feet) of the Southwest One-Quarter of the Motion carried 7-0. Southeast One-Quarter of Section 29 to a point; Proof of publication certified to by theThence South 00 degrees 55 minutes 50 Publisher on Notice of Public Hearing toseconds West, 400.00 feet to a point; reclassify property at 13320-13350 HighwayThence South 74 degrees 21 minutes 01 20 West from AG to C-3 District, presentedseconds West, 592.03 feet to a point; and read. Council Member Buol moved thatThence 86 degrees 38 minutes 07 the proof of publication be received and filed.seconds West, 225.00 feet to a point; Seconded by Council Member Robbins.Thence North 3 degrees 21 minutes 53 Motion carried 7-0. seconds West, 125.00 feet to a point; Thence North 31 degrees 38 minutes 42 Ed Tschiggfrie spoke requesting favorableseconds West, 286.40 feet to a point on rezoning. the southerly right-of-way line of U.S. Highway 20; An Ordinance Amending Zoning Map byThence North 2 degrees 34 minutes 20 reclassifying property at 13320-13350seconds East, 136.15 feet along the Highway 20 West from AG Agriculturalsoutherly right-of-way line of U.S. Highway District to C-3 General Commercial District,20 to a point; said Ordinance having been presented andThence 79 degrees 16 minutes 42 read at the Council Meeting of 6-16-97,seconds East, 358.47 feet along the presented for further action. southerly right-of-way line of U.S. Highway 20 to a point; (OFFICIAL PUBLICATION)Thence North 65 degrees 21 minutes 04 ORDINANCE NO. 38-97seconds East, 637.88 feet along the AN ORDINANCE AMENDING APPENDIX Asoutherly right-of-way line of U.S. Highway (THE ZONING ORDINANCE) OF THE CITY20 to the point of beginning; and to the OF DUBUQUE CODE OF ORDINANCES,center line of the adjoining public right-of- BY RECLASSIFYING HEREINAFTERway, all in the City of Dubuque, Iowa. DESCRIBED PROPERTY LOCATED ATSection 2. The foregoing amendment has 13320-13350 HIGHWAY 20 WEST FROMheretofore been reviewed by the Zoning AG AGRICULTURAL DISTRICT TO C-3Advisory Commission of the City of Dubuque, GENERAL COMMERCIAL DISTRICT.Iowa. NOW, THEREFORE, BE IT ORDAINEDSection 3. This ordinance shall take effect BY THE CITY COUNCIL OF THE CITY OFimmediately upon publication, as provided by DUBUQUE, IOWA:law. Section 1. That Appendix A (the ZoningPassed, approved and adopted this 7th day Ordinance) of the City of Dubuque Code ofof July, 1997. Ordinances is hereby amended byTerrance M. Duggan, Mayor reclassifying the hereinafter describedAttest: Mary A. Davis, City Clerk property from AG Agricultural District to C-3Published officially in the Telegraph Herald General Commercial District, to wit: newspaper this 14th day of July, 1997. Commencing at the Southeast Corner of 1t 7/14Mary A. Davis CMC, City Clerk Section 29, Township 89 North, Range 2 East Council Member Buol moved final of the Fifth Principal Meridian, Dubuque consideration and passage of the Ordinance. County, Iowa; Seconded by Council Member Robbins. Thence northerly along the east line of theMotion carried 7-0. Southeast One-Quarter of Section 29 to a point of intersection with the southerly right-Proofs of publication certified to by the of-way line of U.S. Highway 20;Publisher on Notice of Hearing on Plans & Thence southwesterly along the southerlySpecifications for Construction of Dubuque right-of-way line of U.S. Highway 20 to theGreyhound Park & Casino-Parking Lot northwesterly corner of a parcel of landImprovements AND Loading Dock sold to Joseph Oberhoffer (State PatentImprovements, presented and read. Council No. 1197, August 15, 1968, Volume 6,Member Voetberg moved that the proofs be Page 149) also a point on the easterly linereceived and filed. Seconded by Council of Lot 1 of 1 of 2 of the Southwest One-Member Buol. Carried by the following vote: Quarter of the Southeast One-Quarter of Yeas—Mayor Duggan, Council Members Section 29, the point of beginning; Buol, Michalski, Nicholson, Robbins, Thence South 00 degrees 55 minutes 50 Voetberg. Nays—None. Abstain—Council seconds West, 264.68 feet along the Member Krieg. easterly line of Lot 1 of 1 of 2 of the Southwest One-Quarter of the Southeast RESOLUTION NO. 283-97 One-Quarter of Section 29 to the RESOLUTION ADOPTING Regular Session, July 7, 1997 PLANS AND SPECIFICATIONSYeas—Mayor Duggan, Council Members Whereas, on the 11th day of June, 1997,Buol, Michalski, Nicholson, Robbins, plans, specifications, form of contract andVoetberg. Nays—None. Abstain—Council estimated cost were filed with the City Clerk ofMember Krieg. Dubuque, Iowa for the Dubuque Greyhound Park & Casino - Parking Lot Improvements.Proof of publication certified to by the Whereas, notice of hearing on plans,Publisher on Notice of Hearing on Plans & specifications, form of contract, and estimatedSpecifications for Construction of 19th Street cost was published as required by law.Storm Sewer Reconstruction, presented and NOW THEREFORE, BE IT RESOLVEDread. Council Member Voetberg moved that BY THE CITY COUNCIL OF THE CITY OFthe proofs be received and filed. Seconded by DUBUQUE, IOWA:Council Member Michalski. Motion carried 7- That the said plans, specifications, form of0. contract and estimated cost are hereby approved as the plans, specifications, form ofRESOLUTION NO. 285-97 contract and estimated cost for saidRESOLUTION ADOPTING improvements for said project.PLANS AND SPECIFICATIONS Passed, adopted and approved this 7th dayWhereas, on the 28th day of May, 1997, of July, 1997.plans, specifications, form of contract and Terrance M. Duggan, Mayorestimated cost were filed with the City Clerk of Attest: Mary A. Davis, City ClerkDubuque, Iowa for the 19th Street Storm Council Member Voetberg moved adoptionSewer Reconstruction. of the Resolution. Seconded by CouncilWhereas, notice of hearing on plans, Member Buol. Carried by the following vote:specifications, form of contract, and estimated Yeas—Mayor Duggan, Council Memberscost was published as required by law. Buol, Michalski, Nicholson, Robbins,NOW, THEREFORE, BE IT RESOLVED Voetberg. Nays—None. Abstain—CouncilBY THE CITY COUNCIL OF THE CITY OF Member Krieg. DUBUQUE, IOWA: That the said plans, specifications, form of RESOLUTION NO. 284-97contract and estimated cost ware hereby RESOLUTION ADOPTINGapproved as the plans, specifications, form of PLANS AND SPECIFICATIONScontract and estimated cost for said Whereas, on the 11th day of June, 1997,improvements for said project. plans, specifications, form of contract andPassed, adopted and approved this 7th day estimated cost were filed with the City Clerk ofof July, 1997. Dubuque, Iowa for the Dubuque GreyhoundTerrance M. Duggan, Mayor Park & Casino - Loading Dock Improvements.Attest: Mary A. Davis, City Clerk Whereas, notice of hearing on plans, Council Member Voetberg moved adoption specifications, form of contract, and estimatedof the Resolution. Seconded by Council cost was published as required by law.Member Michalski. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFProof of publication certified of by the DUBUQUE, IOWA:Publisher on Notice to Bidders of Receipt of That the said plans, specifications, form ofBids for project and City Manager contract and estimated cost are herebyrecommending to award contract for project, approved as the plans, specifications, form ofpresented and read. Council Member contract and estimated cost for saidVoetberg moved that the proof and improvements for said project.communication be received and filed. Passed, adopted and approved this 7th daySeconded by Council Member Michalski. of July, 1997.Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkRESOLUTION NO. 286-97 Council Member Voetberg moved adoptionAWARDING CONTRACT of the Resolution. Seconded by CouncilWhereas, sealed proposals have been Member Buol. Carried by the following vote:submitted by contractors for the 19th Street Yeas—Mayor Duggan, Council MembersStorm Sewer Reconstruction Project pursuant Buol, Michalski, Nicholson, Robbins,to Resolution No. 252-97 and notice to bidders Voetberg. Nays—None. Abstain—Councilpublished in a newspaper published in the City Member Krieg. of Dubuque, Iowa on the 5th day of June, 1997. Proofs of publication certified to by theWhereas, said sealed proposals were Publisher on Notice to Bidders of Receipt ofopened and read on the 19th day of June, Bids for projects and City Manager requesting1997 and it has been determined that the bid that public hearing be recessed and to tableof Horsfield Construction, Inc. of Epworth, the awarding of the contracts to July 21, 1997,Iowa in the amount of $102,144.25 was the presented and read. Council Memberlowest bid for the furnishings of all labor and Voetberg moved that the proofs andmaterials and performing the work as provided communication be received and filed andfor in the plans and specifications. request for recessing of public hearing beNOW THEREFORE, BE IT RESOLVED approved. Seconded by Council MemberBY THE CITY COUNCIL OF THE CITY OF Buol. Carried by the following vote:DUBUQUE, IOWA: Regular Session, July 7, 1997 That the contract for the aboveDistrict; Historic Preservation Commission improvement be awarded to Horsfieldrequesting existing historic district boundaries Construction, Inc. and the Manager be and isremain intact; and City Manager requesting hereby directed to execute a contract ondecision be made regarding request to remove behalf of the City of Dubuque for the completeproperties from W. 11th Street Historic performance of the work.District, presented and read. BE IT FURTHER RESOLVED:Doug Spyrison, 1295 Grove Terrance, That upon the signing of said contract andspoke requesting that the District remain as is. the approval of the contractor's bond, the CityJudy Connolly, 1289 Walnut and Pat Cline, Treasurer is authorized and instructed to1243 Walnut, spoke requesting their return the bid deposits of the unsuccessfulproperties be removed from the Historic bidders.District. Passed, approved and adopted this 7th dayCouncil Member Voetberg moved that the of July 1997.communications be received and filed and Terrance M. Duggan, Mayorthat it be resolved to maintain the boundaries Attest: Mary A. Davis, City Clerkas they currently exist. Seconded by Council Council Member Voetberg moved adoptionMember Michalski. Carried by the following of the Resolution. Seconded by Councilvote: Yeas—Council Members Buol, Krieg, Member Michalski. Motion carried 7-0. Michalski, Voetberg. Nays—Mayor Duggan, Council Members Nicholson, Robbins. Proof of publication certified to by the Publisher on Notice of Hearing on Plans &City Manager recommending approval on Specifications for Construction of 15th Streettransfer of funds to do improvements at Step Reconstruction Project, presented andMarshall Park Pavilion, presented and read. read. Council Member Voetberg moved thatCouncil Member Michalski moved that the the proof be received and filed. Seconded bycommunication be received and filed and Council Member Buol. Motion carried 7-0. recommendation approved. Seconded by Council Member Voetberg. Motion carried 7- RESOLUTION NO. 287-970. RESOLUTION ADOPTING PLANS AND SPECIFICATIONSCity Manager recommending approval of Whereas, on the 28th day of May, 1997,$10,000 in CDBG Funds for creation of a plans, specifications, form of contract andhistoric preservation grant program, presented estimated cost were filed with the City Clerk ofand read. Council Member Voetberg moved Dubuque, Iowa for the 15th Street Stepthat the communication be received and filed Reconstruction Project.and approved recommendation. Seconded by Whereas, notice of hearing on plans,Council Member Michalski. Motion carried 7- specifications, form of contract, and estimated0. cost was published as required by law. NOW THEREFORE, BE IT RESOLVEDCity Manager recommending a public BY THE CITY COUNCIL OF THE CITY OFhearing be set for 7-21-97 to consider DUBUQUE, IOWA:vacating a portion of an alley between Coates That the said plans, specifications, form ofand Simpson Streets at Cross Street as contract and estimated cost are herebyrequested by Bill and Jane Duggan, presented approved as the plans, specifications, form ofand read. Council Member Voetberg moved contract and estimated cost for saidthat the communication be received and filed. improvements for said project.Seconded by Council Member Buol. Motion Passed, adopted and approved this 7th daycarried 7-0. of July, 1997. Terrance M. Duggan, MayorRESOLUTION NO. 288-97 Attest: Mary A. Davis, City ClerkRESOLUTION APPROVING PLAT OF Council Member Voetberg moved adoptionPROPOSED VACATED ALLEY AT CROSS of the Resolution. Seconded by CouncilSTREET Member Buol. Motion carried 7-0. Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Proof of publication certified to by theplat dated June 10, 1997, prepared by IIW Publisher on Notice to Bidders of Receipt ofEngineers and Surveyors, P.C. of Dubuque, Bids for project and City Manager requestingIowa, describing the proposed vacated alley at to recess the public hearing, table the matterCross Street; and to the July 21st meeting and refer fundingWhereas, said plat conforms to the laws question to the July 15th meeting of theand statutes pertaining thereto. Community Development AdvisoryNOW, THEREFORE, BE IT RESOLVED Commission, presented and read. CouncilBY THE CITY COUNCIL OF THE CITY OF Member Voetberg moved that theDUBUQUE, IOWA: communication be received and filed andSection 1. That the plat dated June 10, request approved. Seconded by Council1997, prepared by IIW Engineers and Member Buol. Motion carried 7-0. Surveyors, P.C., relative to the real estate hereinabove described be and the same is TABLED FROM MEETING OF MAY 5, 1997hereby approved, and the Mayor and City Removal of certain Walnut StreetClerk be and they are hereby authorized and Properties from the West 11th Street Historicdirected to execute said plat for and one behalf Regular Session, July 7, 1997 of the City of Dubuque, Iowa.Street to it’s southerly terminus; and Section 2. That the City Clerk be and isWhereas, IIW Engineers and Surveyors, hereby authorized and directed to file said platP.C. of Dubuque, Iowa has prepared and and certified copy of this resolution in thesubmitted to the City Council a plat showing office of the Recorder, in and for Dubuquethe vacated portion of an alley at Cross Street County, Iowa.and assigned lot numbers thereto, which Passed, approved and adopted this 7th dayhereinafter shall be known and described as of July, 1997.Lot 11A of Dubuque Homes Subdivision No. Terrance M. Duggan, Mayor1 in the City of Dubuque, Iowa; and Attest: Mary A. Davis, City ClerkWhereas, the City Council of the City of Council Member Voetberg moved adoptionDubuque, Iowa has determined that this of the Resolution. Seconded by Councilportion of alley is no longer required for public Member Buol. Motion carried 7-0. use, and vacating and sale of said portion of alley known as Lot 11A of Dubuque Homes An Ordinance Vacating an alley at CrossSubdivision No. 1 in the City of Dubuque, Street, presented and read. Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED (OFFICIAL PUBLICATION)BY THE CITY COUNCIL OF THE CITY OF ORDINANCE NO. 39-97DUBUQUE, IOWA: ORDINANCE VACATING AN ALLEYSection 1. That the City of Dubuque AT CROSS STREETintends to dispose of its interest in Lot 11A of Whereas, Bill and Jane Duggan haveDubuque Homes Subdivision No. 1 in the City requested the vacating of an alley at Crossof Dubuque, Iowa. Street; andSection 2. That the conveyance of Lot 11A Whereas, IIW Engineers and Surveyors,of Dubuque Homes Subdivision No. 1 in the P.C. of Dubuque, Iowa has prepared andCity of Dubuque, Iowa to Bill and Jane submitted to the City Council a plat showingDuggan be contingent upon the payment of the vacated alley and assigned lot numbers$513.00, plus publication and filing fees. thereto; which hereinafter shall be known andSection 3. That the City Clerk be and is described as Lot 11A of Dubuque Homeshereby authorized and directed to cause a Subdivision No. 1 in the City of Dubuque,notice of intent to dispose of said real estate to Dubuque County, Iowa; andbe published in the manner as prescribed by Whereas, the City Council of the City oflaw. Dubuque, Iowa has determined that thisPassed, approved and adopted this 7th day portion of said alley is no longer required forof July, 1997. public use, and vacating of said portion of alleyTerrance M. Duggan, Mayor known as Lot 11A of Dubuque HomesAttest: Mary A. Davis, City Clerk Subdivision No. 1 in the City of Dubuque,Council Member Voetberg moved adoption Dubuque County, Iowa, should be approved.of the Resolution setting this matter for Public NOW THEREFORE BE IT ORDAINEDHearing on July 21, 1997 at 7:00 p.m. in the BY THE CITY COUNCIL OF THE CITY OFLibrary Auditorium and direct the City Clerk to DUBUQUE, IOWA:publish notice in the manner prescribed by Section 1. That the real estate describedlaw. Seconded by Council Member Buol. as Lot 11A of Dubuque Homes SubdivisionMotion carried 7-0. No. 1 in the City of Dubuque, Iowa, be and the same is hereby vacated.Petition containing 36 signatures Passed, approved and adopted this 7th dayrequesting that Amy Court Only be withdrawn of July, 1997.from Residential Parking District “D,” Terrance M. Duggan, Mayorpresented and read. Council Member Attest: Mary A. Davis, City ClerkVoetberg moved that the petition be received Published officially in the Telegraph Heraldand filed and set this matter for Public Hearing on July 21, 1997 at 7:00 p.m. in the Public newspaper this 14th day of July, 1997. Library Auditorium and direct the City Clerk to 1t 7/14Mary A. Davis CMC, City Clerk Council Member Voetberg moved that thepublish notice in the manner prescribed by requirement that a proposed Ordinance belaw. Seconded by Council Member Buol. considered and voted on for passage at twoMotion carried 7-0. Council Meetings prior to the meeting at which it is to be finally passed be suspended.City Manager submitting bidding Seconded by Council Member Buol. Motiondocuments for Boiler Replacement Project at carried 7-0. Council Member Voetberg movedthe Keyline Transit Facility, presented and final consideration and passage of theread. Council Member Voetberg moved that Ordinance. Seconded by Council Memberthe communication be received and filed. Buol. Motion carried 7-0.Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 289-97 RESOLUTION NO. 290-97 RESOLUTION DISPOSING OF CITY PRELIMINARY APPROVAL INTEREST IN LOT 11A OF DUBUQUE OF PLANS AND SPECIFICATIONS HOMES SUBDIVISION NO. 1 IN THE CITY NOW THEREFORE, BE IT RESOLVED OF DUBUQUE, IOWA BY THE CITY COUNCIL OF THE CITY OF Whereas, Bill and Jane Duggan have DUBUQUE, IOWA: requested the vacating of an alley at Cross Regular Session, July 7, 1997 That the proposed plans, specifications,the City of Dubuque, Iowa, which notice shall form of contract and estimated cost for thenot be less than four days nor more than Boiler Replacement - Keyline Transit Facility,twenty days prior to the receipt of said bids at in the estimated amount of $59,000.00, are2:00 p.m. on the 24th day of July, 1997. Bids hereby approved and ordered filed in the officeshall be opened and read by the City Clerk at of the City Clerk for public inspection.said time and will be submitted to the Council Passed, adopted and approved this 7th dayfor final action at 7:00 p.m. on the 4th day of of July, 1997.August, 1997. Terrance M. Duggan, MayorPassed, adopted and approved this 7th day Attest: Mary A. Davis, City Clerkof July, 1997. Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor of the Resolution. Seconded by CouncilAttest: Mary A. Davis, City Clerk Member Robbins. Motion carried 7-0. Council Member Voetberg moved adoption of the Resolution. Seconded by Council RESOLUTION NO. 291-97Member Robbins. Motion carried 7-0. FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONSCity Manager recommending that a public Whereas, the City Council of the City ofhearing be set for July 21, 1997 to consider a Dubuque, Iowa has given its preliminarylease of the City-owned fiberoptic hub building approval on the proposed plans,at 1575 West Third Street to the Iowa specifications, and form of contract andCommunications Network, presented and placed same on file in the office of the Cityread. Council Member Michalski moved that Clerk for public inspection of the Boilerthe communication be received and filed and Replacement - Keyline Transit Facility.set this Public Hearing for July 21, 1997 at NOW THEREFORE, BE IT RESOLVED7:00 p.m. in the Public Library Auditorium and BY THE CITY COUNCIL OF THE CITY OFdirect the City Clerk to publish notice in the DUBUQUE, IOWA:manner prescribed by law. Seconded by That on the 4th day of August, 1997, aCouncil Member Buol. Motion carried 7-0. public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which timeAt 7:53 p.m. Council Member Voetberg interested persons may appear and be heardmoved that it be resolved to go into Closed for or against the proposed plans andSession — In accordance with Chapter 21.5 specifications, form of contract and cost of1(c) To discuss strategy with counsel in said improvement, and the City Clerk be andmatters where litigation is imminent where its is hereby directed to cause a notice of timedisclosure would be likely to prejudice or and place of such hearing to be published in adisadvantage the position of the governmental newspaper having general circulation in thebody in this litigation AND In accordance with City of Dubuque, Iowa, which notice shall beChapter 21 5 1(j) “To discuss purchase of not less than four days nor more than twentyparticular real estate only where premature days prior to the day fixed for its consideration.disclosure could be reasonably expected to At the hearing, any interested person mayincrease the price the governmental body appear and file objections to the proposedwould have to pay for that property”. plans, specifications, contract, or estimatedSeconded by Council Member Buol. Motion cost of the improvement.carried 7-0. Passed, adopted and approved this 7th day of July, 1997.At 8:59 p.m. Council reconvened Regular Terrance M. Duggan, MayorSession with statement that Staff had been Attest: Mary A. Davis, City Clerkgiven direction. Council Member Voetberg moved adoption of the Resolution. Seconded by CouncilThere being no further business, Council Member Robbins. Motion carried 7-0. Member Michalski moved to adjourn. Seconded by Council Member Buol. Motion carried 7-0. The meeting adjourned at 9:00 RESOLUTION NO. 292-97p.m. ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OFMary A. Davis CMC DUBUQUE, IOWA:City Clerk That the Boiler Replacement - Keyline Transit Facility is hereby ordered to be advertised for bids for construction.Approved , 1997 BE IT FURTHER RESOLVED, that the amount of the security to accompany each bidAdopted , 1997 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.Mayor That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in Regular Session, July 7, 1997 Council Members Attest: City Clerk Special Session, July 16, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 16, 1997 Council Met at 4:30 p.m., Conference Room "B", City Hall. Approved , 1997 Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Adopted , 1997 Voetberg, City Manager Michael Van Milligen, Assistant City Attorney James (Tim) O'Brien. Mayor Duggan read the call and stated this Mayor is a Special Session of the City Council called for the purpose to go into Closed Session to discuss the purchase of particular real estate. At 4:35 p.m. Council Member Nicholson moved to go into Closed Session in accordance with Ch. 21 5 1(j) 1997 Code of Iowa to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Michalski. Motion carried 7-0. Council Members Attest: At 5:34 p.m., Council reconvened Regular Session with statement that Staff had been given proper direction. City Clerk There being no further business, Council Member Michalski moved to adjourn. Seconded by Council Member Nicholson. Motion carried 7-0. The meeting adjourned at 5:35 p.m. Mary A. Davis CMC City Clerk Regular Session, July 21, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, July 21, 1997. Council Met at 6:30 p.m., Board Room, Second Floor in the Public Library Approved , 1997 Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Adopted , 1997 Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this Mayor is a Special Session called for the purpose to go into Closed Session to discuss property acquisition. At 6:30 p.m., Council Member Michalski moved to go into Closed Session in accor- dance with Ch. 21.5 1.(j) 1997 Code of Iowa to discuss the purchase of particular real estate where premature disclosure could be reason- ably expected to increase the price the govern- mental body would have to pay for that prop- erty. Seconded by Council Member Nichol- son. Motion carried 7-0. Council Members Attest: At 6:49 p.m. Council reconvened Regular Session with statement that Staff had been given direction. City Clerk There being no further business Council Member Nicholson moved to adjourn the meeting. Seconded by Council Member Michalski. Motion carried 7-0. The meeting adjourned at 6:50 p.m. Mary A. Davis CMC City Clerk Regular Session, July 21, 1997 DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Regular Quarterly Board of Health Meeting, July 21, 1997 Board met at 6:55 p.m., Public Library Approved , 1997 Auditorium Present: Chairperson Duggan, Board Adopted , 1997 Members Buol, Krieg, Michalski, Robbins, Voetberg. Absent at Roll Call: Board Member Rob- bins. Chairperson Absent: Board Member Nicholson. Chairperson Duggan read the call and stated this is the Regular Quarterly Board of Health Meeting called for the purpose to act upon such business which may properly come before the Board. There was no business to come before the Board at this time. Board Member Krieg moved to adjourn. Seconded by Board Mem- ber Michalski. Motion carried 6-0. The meet- ing adjourned at 6:58 p.m. Board Members Attest: Mary A. Davis CMC Secretary, Board of Health Secretary, Board of Health Regular Session, July 21, 1997 sewer damages; Nanette Wilt in amount of $37.10 for towing charges, presented and read. Council Member Voetberg moved that DUBUQUE the claims and suits be moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council CITY COUNCIL Member Buol. Motion carried 7-0. Corporation Council advising following OFFICIAL claims have been referred to Crawford & PROCEEDINGS Company, the agent for the Iowa Communities Assurance Pool: Vehicle damage of Olin Bechen; Personal injury of Gloria S. Hill; City Council, Regular Session, July 21, Personal injury of Mary J. Johns; Personal 1997 injury of Marion Mauer, presented and read. Council Met at 7:00 p.m., Public Library Council Member Voetberg moved that the Auditorium communications be received and filed. Present: Mayor Duggan, Council Members Seconded by Council Member Buol. Motion Buol, Krieg, Michalski, Nicholson, Robbins, carried 7-0. Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Corporation Counsel recommending settlement of following claims and authorize Mayor Duggan read the call and stated this the Finance Director to issue proper checks: is the Regular Session of the City Council Car damages of William Brown in amount of called for the purpose to act upon such $1,850.00; Car Damage of Edward F. Davis in business which may properly come before the amount of $584.84; Vehicle Damage of Council. Wendel Draman in amount of $362.21; Truck damage of Ron Pfiffner in amount of $288.38; The Invocation was given by Sr. Inez Car damage of William Phillips in amount of Turnmeyer, Director of St. Mark Community $212.00; Vehicle damage of Sisters of St. Center. Francis in amount of $114.93; Vehicle damage of Amber Westemeier in amount of Proclamations: July 18 - August 8, 1997 $242.50, presented and read. Council Supporting “Collection of School Supplies by Member Voetberg moved that the St. Mark Community Center” received by Sr. communications be received and filed and Inez Turnmeyer; July 22-27 as “Dubuque approved settlements. Seconded by Council County Fair Week” received by 4H King and Member Buol. Motion carried 7-0. Queen: Mark Steckel and Melissa Culbertson. Corporation Counsel recommending denial Several youth from the Amici (American- of tire damage of Shawn Kascel, presented Italian-Cultural Institute) Youth Group of and read. Council Member Voetberg moved Naples, Italy, presented Greetings and Gifts that the communication be received and filed from their City. and recommendation approved. Seconded by Council Member Buol. Motion carried 7-0. Minutes Submitted: Civil Service Commission of 6-25; Historic Preservation City Development Board advising of Notice Comm. of 6-26; Housing Commission of 6-10; to Meeting to consider voluntary annexation as Park & Recreation Commission of 6-10, requested by City of Asbury, presented and & 7-8; Zoning Advisory Commission of 7-2; read. Council Member Voetberg moved that Zoning Board of Adjustment of 6-26; Finance the communication be received and filed. Director submitting Financial Reports for Seconded by Council Member Buol. Motion month of June, 1997; Proof of Publication on carried 7-0. “Combined Public Notices - Notice of Finding of no significant impact on the environment for Zoning Advisory Commission advising of Kerper Blvd. Industries Park and Operation: their approval of survey plat for property New View/Bluff Street Head Start; Substance located at 2319 W. 32nd Street. presented Abuse Services Center their 4th Quarterly and read. Council Member Voetberg moved Report and Convention and Visitors Bureau that the communication be received and filed. submitting the 2nd quarterly report, presented Seconded by Council Member Buol. Motion and read. Council Member Voetberg moved carried 7-0. that the minutes, proof and reports be received and filed. Seconded by Council Member Buol. RESOLUTION NO. 293-97 Motion carried 7-0. RESOLUTION APPROVING THE PLAT OF NOTICES OF CLAIMS/SUITS — Kathy SURVEY OF LOTS 1 AND 2 OF HAHLEN Ansel in amount of $224.99 for vehicle PLACE, BEING A SUBDIVISION OF LOT 1 damages; Employers Mutual Casualty OF 1 OF 2 OF 1 AND LOT 2 OF 1 OF 2 OF Company, with assigned rights from BL 1, EXCEPT THE EASTERLY 50 FEET OF Murray Company, Inc. in unknown amount for MINERAL LOT 387, IN THE CITY OF D- vehicle damages; William Brown in amount of UBUQUE, IOWA. $1,850.00 for vehicle damages; Steven Plein Whereas, there has been filed with the City in amount of $62.52 for tire damages; Paul Clerk a plat of survey of Lots 1 and 2 of Stabenow in unknown amount of backed-up Regular Session, July 21, 1997 Hahlen Place, being a subdivision of Lot 1 ofread. Council Member Voetberg moved that 1 of 2 of 1 and Lot 2 of 1 of 2 of 1, except thethe refunds be approved with Finance Director easterly 50 feet of Mineral Lot 387, in the Cityto issue proper check. Seconded by Council of Dubuque, Iowa ; andMember Buol. Motion carried 7-0. Whereas, said plat provides only 38.58 feet of frontage for Lot 2 and 0 feet of frontage forCorey Development, Ltd. requesting Lot 1, where 60 feet is required by Section 3-additional 30 day extension to annex 107.20 of 1.1(F) of the Zoning Ordinance; andland until September 1, 1997 and City Whereas, said plat has been examined byManager recommending approval of request, the Zoning Advisory Commission and has itspresented and read. Council Member V- approval endorsed thereon; and oetberg moved that the communication be Whereas, said plat has been examined byreceived and filed. Seconded by Council the City Council and they find that it conformsMember Buol. Motion carried 7-0. to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVEDRESOLUTION NO. 294-97 BY THE CITY COUNCIL OF THE CITY OFRESOLUTION RESCINDING RESOLUTION DUBUQUE, IOWA:258-97 AND REAFFIRMING THE Section 1. That Section 3-1.1(F) of theANNEXATION OF CERTAIN PROPERTY Zoning Ordinance is waived to allow Lot 2 ofTO THE CITY OF DUBUQUE, IOWA Hahlen Place to have 38.58 feet of frontageWhereas, Wendell W. Corey, Purchaser, and Lot 1 to have 0 feet of frontage, where 60pursuant to an agreement with Plastic Center, feet of frontage is required.Inc., Seller, has voluntarily petitioned for Section 2. That the Survey Plat of Lots 1annexation of approximately 107.20 acres of and 2 of Hahlen Place, being a subdivision ofproperty lying outside the corporate limits of Lot 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1,the city of Dubuque, Iowa, to the City of except the easterly 50 feet of Mineral Lot 387,Dubuque, as shown in Exhibit A; and in the City of Dubuque, Iowa, is herebyWhereas, Chapter 368 of the Code of Iowa approved and the Mayor and City Clerk areauthorizes the extension of city limits in hereby authorized and directed to endorse thesituations of this character by the adoption of approval of the City of Dubuque, Iowa, upona resolution after notification as required by said final plat.State regulations; and Section 3. That in the event the ownersWhereas, the future growth and shall fail to execute the acceptance within 180development of the city of Dubuque, Iowa days after the date of this resolution, themake it desirable that said property be made a provisions hereof shall be null and void andpart of the city of Dubuque, Iowa. the acceptance and approval of the plat shallNOW THEREFORE, BE IT RESOLVED not be effective.BY THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 21stDUBUQUE, IOWA: day of July, 1997.Section 1. Resolution No. 258-97 is hereby Terrance M. Duggan, Mayorrescinded. Attest: Mary A. Davis, City ClerkSection 2. That the territorial limits of the ACCEPTANCE OFcity of Dubuque, Iowa be, and they are hereby RESOLUTION NO. 293-97extended, to include the property legally We, the undersigned, Cliff and Sandydescribed as Lot 2 of Lot 2 of Mineral Lot 459; Hahlen and Dave and Doris Hedrick, havingthe southeast quarter of the northeast quarter read the terms and conditions of theof Section 17, Township 89 North, Range 2 Resolution No. 293-97 and being familiar withEast; and the southwest quarter of the the conditions thereof, hereby accept thisnortheast quarter of Section 17, Township 89 same and agree to the conditions requiredNorth, Range 2 East in Dubuque County, therein.Iowa. Dated in Dubuque, Iowa this 23rd day ofSection 3. That the territory hereby annexed July, 1997.shall become a part of the Second Ward, By /s/ Cliff HahlenEleventh Precinct of the city of Dubuque, By /s/ Sandy HahlenIowa. By /s/ Dave HedrickSection 4. That the City Clerk shall file this By /s/ Doris HedrickResolution, all Exhibits and the petition for Council Member Voetberg moved adoptionvoluntary annexation with the City of the Resolution. Seconded by CouncilDevelopment Board of the State of Iowa. The Member Buol. Motion carried 7-0. Resolution will not be forwarded to the State of Iowa until such time as Purchaser provides Monica Meissner expressing her “Thanks”written evidence to the City Clerk of the regarding control of loud music at recentconveyance of the property from Seller to festivals held at Hawthorne Park, presentedPurchaser. In the event that Purchaser does and read. Council Member Voetberg movednot provide such evidence to the City Clerk that the communication be received and filed.prior to September 1, 1997, this Resolution Seconded by Council Member Buol. Motionshall be null and void. carried 7-0. Passed, approved and adopted this 21st day of July, 1997. REFUNDS REQUESTED — Midway MotelTerrance M. Duggan, Mayor and Hooligan’s Sport Bar, $100.00 each forAttest: Mary A. Davis, City Clerk unused Cigarette License, presented andCouncil Member Voetberg moved adoption Regular Session, July 21, 1997 of the Resolution. Seconded by CouncilWhereas, the City of Dubuque has Member Buol. Motion carried 7-0. established such a local childhood lead poisoning prevention program; and Bill & Laura Merritt objecting to denial ofWhereas, the Iowa Department of Public their sewer backup claim in amount of $-Health has offered to provide financial support 1,750.00, presented and read. Councilfor activities relating to the local childhood lead Member Voetberg moved that this matter bepoisoning prevention program in the City of referred to the Legal Staff for investigation andDubuque; and report. Seconded by Council Member Buol.Whereas, the City of Dubuque will provide Motion carried 7-0. environmental and medical case management of identified lead poisoned children in addition City Manager recommending submission ofto community outreach and education on the grant application for Lead Paint Grant funds,problem of childhood lead poisoning. presented and read. Council MemberNOW, THEREFORE, BE IT RESOLVED Voetberg moved that the communication beBY THE CITY COUNCIL OF THE CITY OF received and filed. Seconded by CouncilDUBUQUE, IOWA: Member Buol. Motion carried 7-0. Section 1. That the City of Dubuque, Iowa hereby approves the attached contract RESOLUTION NO. 295-97between the Iowa Department of Public Health A RESOLUTION AUTHORIZING THE CITYand the City of Dubuque, Iowa. MANAGER OR HIS DESIGNEE TO SUBMITSection 2. That the City Manager or his A GRANT APPLICATION TO THEdesignee is hereby authorized and directed to ENVIRONMENTAL PROTECTION AGENCYexecute said contract on behalf of the City of FOR LEAD POISONING PREVENTION ANDDubuque, Iowa. LEAD HAZARD AWARENESS OUTREACHPassed, approved and adopted this 21st GRANT FUNDS.day of July, 1997. Whereas, the City of Dubuque has a localTerrance M. Duggan, Mayor childhood lead poisoning prevention program;Attest: Mary A. Davis, City Clerk andCouncil Member Voetberg moved adoption Whereas, the Environmental Protectionof the Resolution. Seconded by Council Agency has made available funds for leadMember Buol. Motion carried 7-0. poisoning prevention and lead hazard aware- ness public education and outreach to localCity Manager requesting Mayor execute communities; andapplication for Lead-Based Paint Grant with Whereas, the City of Dubuque proposes toHUD, presented and read. Council Member provide education for primary prevention ofVoetberg moved that the communication be lead poisoning and lead hazard awareness toreceived and filed. Seconded by Council tenants, property owners, and landlords.Member Buol. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 297-97 DUBUQUE, IOWA:RESOLUTION AUTHORIZING THE MAYOR Section 1. That the City of Dubuque, IowaTO EXECUTE AN APPLICATION FOR A hereby approves the attached grant proposalLEAD-BASED PAINT HAZARD CONTROL to the Environmental Protection Agency.GRANT Section 2. That the City Manager or hisWhereas, the City of Dubuque has a local designee is hereby authorized and directed tochildhood lead poisoning prevention program; submit said grant proposal on behalf of theand City of Dubuque, Iowa.Whereas, the U.S. Department of Housing Passed, approved and adopted this 21stand Urban Development has made available day of July, 1997.funds for lead-based paint hazard control and Terrance M. Duggan, Mayorlead hazard awareness public education and Attest: Mary A. Davis, City Clerkoutreach to local communities; and Council Member Voetberg moved adoptionWhereas, the City of Dubuque proposes to of the Resolution. Seconded by Councilestablish a youth corp and primary lead-based Member Buol. Motion carried 7-0. paint poisoning prevention program in Census Tract 5 in the City of Dubuque. City Manager recommending approval toNOW, THEREFORE, BE IT RESOLVED execute document for Lead Poisoning FundsBY THE CITY COUNCIL OF THE CITY OF with IA Dept. of Public Health, presented andDUBUQUE, IOWA: read. Council Member Voetberg moved thatSection 1. That the Mayor is hereby the communication be received and filed.authorized and directed to execute an Seconded by Council Member Buol. Motionapplication to the U.S. Department of Housing carried 7-0. and Urban Development for participation in a lead-based paint hazard control grant. RESOLUTION NO. 296-97Section 2. That the City Manager is hereby A RESOLUTION AUTHORIZING THE CITYauthorized and directed to forward said MANAGER OR HIS DESIGNEE TO SIGN Aapplication and resulting standard executed CONTRACT WITH THE IOWAcontract to the respective agencies in a timely DEPARTMENT OF PUBLIC HEALTH FORfashion and as required by the U.S. FUNDING A LOCAL CHILDHOOD LEADDepartment of Housing and Urban POISONING PREVENTION PROGRAM.Development. Regular Session, July 21, 1997 Passed, approved and adopted this 21sthis certificate stating that the same has been day of July, 1997.completed according to the terms of the Terrance M. Duggan, Mayorcontract, plans and specifications and Attest: Mary A. Davis, City Clerkrecommends it acceptance. Council Member Voetberg moved adoptionNOW THEREFORE, BE IT RESOLVED of the Resolution. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF Member Buol. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager recommending approval ofCity Manager be approved and that said Purchase of Services Agreement with Du-improvement be and the same is hereby buque Humane Society, presented and read.accepted. Council Member Voetberg moved that theBE IT FURTHER RESOLVED that the City communication be received and filed.Treasurer be and he is hereby directed to pay Seconded by Council Member Buol. Motionto the contractor from G.O. Bonds in amount carried 7-0. equal to the amount of his contract, less any retained percentage provided for therein. RESOLUTION NO. 298-97Passed, approved and adopted this 21st APPROVING A PURCHASE OF SERVICESday of July, 1997. AGREEMENT BETWEEN THE CITY OFTerrance M. Duggan, Mayor DUBUQUE AND THE DUBUQUE HUMANEAttest: Mary A. Davis, City Clerk SOCIETY AND AUTHORIZING ANDCouncil Member Voetberg moved adoption DIRECTING THE MAYOR TO EXECUTEof the Resolution. Seconded by Council SAID AGREEMENT ON BEHALF OF THEMember Buol. Motion carried 7-0. CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque does notRESOLUTION NO. 300-97 operate its own shelter for dogs, cats andFINAL ESTIMATE other animals which may be taken up orWhereas, the contract for the 1996 Asphalt received pursuant to Article II of Chapter 7 ofPaving Project has been completed and the the Code of Ordinances of the City; andCity Engineer has submitted his final estimate Whereas, the Dubuque Humane Society isshowing the cost thereof including the cost of an incorporated society for the prevention ofestimates, notices and inspection and all cruelty of animals and does maintain a sheltermiscellaneous costs; for the custody of lost, strayed or homelessNOW THEREFORE, BE IT RESOLVED dogs, cats, or other animals and for theBY THE CITY COUNCIL OF THE CITY OF disposition and/or destruction of such animalsDUBUQUE, IOWA: not redeemed and/or diseased; andSection 1. That the cost of said Whereas, it is deemed to be in the bestimprovement is hereby determined to be interest of the City of Dubuque to enter into an$137,056.59 and the said amount shall be agreement with the Dubuque Humane Societypaid from G.O. Bonds of the City of Dubuque, to provide animal shelter services for the City.Iowa. NOW, THEREFORE, BE IT RESOLVEDPassed, approved and adopted this 21st BY THE CITY COUNCIL OF THE CITY OFday of July, 1997. DUBUQUE, IOWA:Terrance M. Duggan, Mayor Section 1. That the attached Purchase ofAttest: Mary A. Davis, City Clerk Services Agreement by and between the CityCouncil Member Voetberg moved adoption of Dubuque, Iowa and Dubuque Humaneof the Resolution. Seconded by Council Society be and the same is hereby approved.Member Buol. Motion carried 7-0. Section 2. That the Mayor be and he is hereby authorized and directed to execute saidCity Manager recommending acceptance of Agreement for and on behalf of the City ofAsbury Road Reconstruction Project, Dubuque, Iowa.presented and read. Council Member Passed, approved and adopted this 21stVoetberg moved that the communication be day of July, 1997.received and filed. Seconded by Council Terrance M. Duggan, MayorMember Buol. Motion carried 7-0. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoptionRESOLUTION NO. 301-97 of the Resolution. Seconded by CouncilACCEPTING IMPROVEMENT Member Buol. Motion carried 7-0. Whereas, the contract for the Asbury Road Reconstruction Project - Asbury City Limits to City Manager recommending acceptance ofthe Northwest Arterial has been completed 1996 Asphalt Paving Project, presented andand the City Manager has examined the work read. Council Member Voetberg moved thatand filed his certificate stating that the same the communication be received and filed.has been completed according to the terms of Seconded by Council Member Buol. Motionthe contract, plans and specifications and carried 7-0. recommends it acceptance. NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 299-97BY THE CITY COUNCIL OF THE CITY OF ACCEPTING IMPROVEMENTDUBUQUE, IOWA: Whereas, the contract for the 1996 AsphaltSection 1. That the recommendation of the Paving Project has been completed and theCity Manager be approved and that said City Manager has examined the work and filedimprovement be and the same is hereby Regular Session, July 21, 1997 accepted.office of the City Clerk on the 16th day of July, BE IT FURTHER RESOLVED that the City1997, the said schedule of assessments be Treasurer be and he is hereby directed to payand the same is hereby approved and to the contractor from Road Use Tax Fund inadopted. amount equal to the amount of his contract,That there be, and is hereby assessed and less any retained percentage provided forlevied as a special tax against and upon each therein.of the lots, the respective sums indicated. Passed, approved and adopted this 21stProvided, further, that the amounts shown in day of July, 1997.said final schedule of assessments as Terrance M. Duggan, Mayordeficiencies are found to be proper and levied Attest: Mary A. Davis, City Clerkconditionally against the respective properties Council Member Voetberg moved adoptionbenefitted by the improvements as shown in of the Resolution. Seconded by Councilthe schedule, subject to the provisions of Member Buol. Motion carried 7-0. Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby RESOLUTION NO. 302-97declared to be in proportion to the special FINAL ESTIMATEbenefits conferred and not in excess of Whereas, the contract for the Asbury Roadtwenty-five percent of the value of same. Reconstruction Project - Asbury City Limits toThat the City Clerk be and is hereby the Northwest Arterial has been completeddirected to certify said schedule to the County and the City Engineer has submitted his finalTreasurer of Dubuque County, Iowa, and to estimate showing the cost thereof includingpublish notice of said certification once each the cost of estimates, notices and inspectionweek for two consecutive weeks in the manner and all miscellaneous costs;provided in Section 362.3, the first publication NOW THEREFORE, BE IT RESOLVEDof which shall be not more than fifteen days BY THE CITY COUNCIL OF THE CITY OFfrom the date of filing of the final schedule. DUBUQUE, IOWA:On or before the date of the second Section 1. That the cost of saidpublication of the notice, the City Clerk shall improvement is hereby determined to bealso mail a copy of said notice to property $427,302.64 and the said amount shall beowners whose property is subject to paid from the Road Use Tax Fund of the Cityassessment, as provided and directed in of Dubuque, Iowa.Section 384.60 of the Code of Iowa. Section 2. That $46,898.21 of the costThat assessments may be paid in full or in thereof shall be assessable upon privatepart without interest at the office of the County property and $380,404.43 shall be paid fromTreasurer, at any time within 30 days after the the Street Construction Fund.date of the first publication of this notice of the Passed, approved and adopted this 21stfiling of the final schedule of assessments day of July, 1997.with the County Treasurer. After 30 days Terrance M. Duggan, Mayorunpaid assessments of $50.00 or more are payable in 10 annual installments and will Attest: Mary A. Davis, City Clerkdraw annual interest at 9 percent Council Member Voetberg moved adoption(commencing on the date of acceptance of the of the Resolution. Seconded by Councilwork) computed to the December 1 next Member Buol. Motion carried 7-0. following the due dates of the respective installments as provided in Section 384.65 of RESOLUTION NO. 303-97the Code of Iowa. Each installment will be A RESOLUTION ADOPTING THE FINALdelinquent from October 1 following its due ASSESSMENT SCHEDULE FOR ASBURYdate on July 1 of each year. Property owners ROAD RECONSTRUCTION PROJECTmay elect to pay any annual installments INCLUDING CERTAIN INFORMATIONsemiannually in advance. REQUIRED BY THE CODE OF IOWA,Passed, approved and adopted this 21st SPECIFICALLY, THE NUMBER OFday of July, 1997. ANNUAL INSTALLMENTS INTO WHICHTerrance M. Duggan, Mayor ASSESSMENTS ARE DIVIDED, THEAttest: Mary A. Davis, City Clerk INTEREST ON ALL UNPAIDSCHEDULE OF FINAL ASSESSMENTS INSTALLMENTS, THE TIME WHEN THEASBURY ROAD ASSESSMENTS ARE PAYABLE ANDThe following schedule is hereby determined DIRECTING THE CLERK TO CERTIFY THEto show each lot proposed to be assessed FINAL SCHEDULE AND TO PUBLISHfor the improvement shown in the title NOTICE THEREOF.together with the amount proposed to be NOW THEREFORE, BE IT RESOLVEDassessed against each lot and the valuations BY THE CITY COUNCIL OF THE CITY OFshown opposite each lot are hereby fixed as DUBUQUE, IOWA:the true valuations of such lots by the City That after full consideration of the finalCouncil of the City of Dubuque. schedule of assessments and accompanyingOWNERLOT DESCRIPTION plat showing the assessments proposed to beTOTAL NET ASSESSMENT made for the construction of the Asbury RoadREMAKEL PLACE Reconstruction Project - Asbury City Limits toRite, Inc.Lot 1 (Unit A Westfield Sq.) the Northwest Arterial under contract with$2,199.96 Tschiggfrie Excavating of Dubuque, Iowa,Copper Mill Con.Lot 1 (Unit B Westfield Sq.)$2,199.96 which final plat and schedule were filed in theRemakel, Michael J. & Mary B Regular Session, July 21, 1997 Lot 2$9,450.27day of July, 1997. QHQ PLACETerrance M. Duggan, Mayor Q.H.Q. PropertiesLot 1$9,587.57Attest: Mary A. Davis, City Clerk ASBURY PLAZA NO. 2Council Member Voetberg moved adoption Tri-State Properties LLCof the Resolution. Seconded by Council Lot 1$3,580.73Member Buol. Motion carried 7-0. Do Inc.Lot 2$6.088.33 Corey Devel. Ltd.Lot 3$2,881.37City Manager concurring with Historical Corey Devel. Ltd.Lot E$4,731.09Preservation Commission’s approval of ASBURY PLAZAnomination of St. Luke’s United Methodist Parco Ltd.Lot 1-1$6,178.93Church and Parsonage to the National $46,898.21Register of Historic Places, presented and Council Member Voetberg moved adoptionread. Council Member Voetberg moved that of the Resolution. Seconded by Council the communication be received and filed. Member Buol. Motion carried 7-0. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending acceptance of Mooring Dolphins at Delta Queen Landing SiteCity Manager recommending approval of project, presented and read. Council MemberSupplement #33 to the Code of Ordinances, Voetberg moved that the communication bepresented and read. Council Member received and filed. Seconded by CouncilVoetberg moved that the communication be Member Buol. Motion carried 7-0. received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 304-97 ACCEPTING IMPROVEMENTRESOLUTION NO. 306-97 Whereas, the contract for the MooringADOPTING SUPPLEMENT NO. 33 TO THE Dolphins at the Delta Queen Landing Site hasCODE OF ORDINANCES OF THE CITY OF been completed and the City Manager hasDUBUQUE, IOWA examined the work and filed his certificateWhereas, under date of July 17, 1989, the stating that the same has been completedCity Council, pursuant to Ordinance No. 34- according to the terms of the contract, plans89, readopted the Code of Ordinances of the and specifications and recommends itCity of Dubuque, Iowa for ordinances adopted acceptance.up to and including December 19, 1988; and NOW THEREFORE, BE IT RESOLVEDWhereas, since December 19, 1988 the BY THE CITY COUNCIL OF THE CITY OFCity Council of the City of Dubuque, Iowa has DUBUQUE, IOWA:adopted certain ordinances amending the Section 1. That the recommendation of theCode of Ordinances and said amendments City Manager be approved and that saidhave been printed as supplements to the Code improvement be and the same is herebyof Ordinances; and accepted.Whereas, Section 380.8 of the Code of BE IT FURTHER RESOLVED that the CityOrdinances provides that supplements, by Treasurer be and he is hereby directed to payresolution, become part of the Code of to the contractor from Ice Harbor ImprovementOrdinances. in amount equal to the amount of his contract,NOW THEREFORE, BE IT RESOLVED less any retained percentage provided forBY THE CITY COUNCIL OF THE CITY OF therein.DUBUQUE, IOWA: Passed, approved and adopted this 21stSection 1. That Supplement No. 33 of the day of July, 1997.Code of Ordinances of the City of Dubuque, Terrance M. Duggan, MayorIowa, covering Ordinances through Ordinance Attest: Mary A. Davis, City ClerkNo. 21-97 enacted through March 4, 1997 and Council Member Voetberg moved adoptionprepared by the Sterling Codifers, Inc., of the Resolution. Seconded by CouncilWeiser, ID hereto filed in the Office of the City Member Buol. Motion carried 7-0. Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code RESOLUTION NO. 305-97of Ordinances of the City of Dubuque, Iowa. FINAL ESTIMATEPassed, approved and adopted this 21st Whereas, the contract for the Mooringday of July, 1997. Dolphins at the Delta Queen Landing Site has Terrance M. Duggan, Mayor been completed and the City Engineer hasAttest: Mary A. Davis, City Clerk submitted his final estimate showing the costCouncil Member Voetberg moved adoption thereof including the cost of estimates, noticesof the Resolution. Seconded by Council and inspection and all miscellaneous costs;Member Buol. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCity Manager and Police Chief DUBUQUE, IOWA:recommending approval of $300.00 Section 1. That the cost of saidassessments on License Penalties for Alcohol improvement is hereby determined to beViolations, presented and read. Council $54,668.00 and the said amount shall be paidMember Voetberg moved that the from Ice Harbor Improvement Fund of the Citycommunication be received and filed. of Dubuque, Iowa.Seconded by Council Member Buol. Motion Passed, approved and adopted this 21stcarried 7-0. Regular Session, July 21, 1997 RESOLUTION NO. 307-97WHEREAS, the acts of an agent or WHEREAS, Patricia Wissink, an employeeemployee of a licensee are imputed to the of Rainbo Oil Co., D/B/A Kwik Stop Foodlicensee, Rainbo Oil Co. Mart at 2297 University Ave was charged inWHEREAS, said violation occurred on Dubuque County for violating Section 5-7 ofDecember 1, 1996, and this being the first the City of Dubuque Code.violation of this section within a period of two WHEREAS, the acts of an agent or(2) years, and employee of a licensee are imputed to theWHEREAS, Iowa code section 123.39, as licensee, Rainbo Oil Co.amended, may provides that a licensee who WHEREAS, said violation occurred on Mayviolates said section be assessed a civil 10, 1996, and this being the first violation ofpenalty, this section within a period of two (2) years,WHEREAS, Iowa Code section 123.39, as andamended, provides that local authorities shall WHEREAS, Iowa code section 123.39, asretain such civil penalties if the proceeding to amended, may provides that a licensee whoimpose the penalty is conducted by the local violates said section shall be assessed a civilauthority, penalty,NOW, THEREFORE BE IT RESOLVED, WHEREAS, Iowa Code section 123.39, asthat the City Council, City of Dubuque amended, provides that local authorities shallpursuant to the authority of the above cited retain such civil penalties if the proceeding tosections hereby imposes a civil penalty in the impose the penalty is conducted by the localamount of $ 300.00 against Rainbo Oil Co. authority,D/B/A Kwik Stop Food Mart License/Permit NOW, THEREFORE BE IT RESOLVED,No. BC 20281 at 2297 University Ave that the City Council, City of DubuqueFURTHER, BE IT RESOLVED that said pursuant to the authority of the above citedlicense holder has thirty (30) days from the sections hereby imposes a civil penalty in thedate of notice of the Resolution to pay such amount of $ 300.00 against Rainbo Oil Co.penalty in full to the City Council, City of D/B/A Kwik Stop Food Mart License/PermitDubuque. No. BC 20281 at 2297 University Ave.Failure to pay this penalty shall result in a FURTHER, BE IT RESOLVED that saidfourteen (14) day suspension of the liquor license holder has thirty (30) days from thelicense and or beer permit held by the license. date of notice of the Resolution to pay suchBE IT FURTHER RESOLVED that the City penalty in full to the City Council, City ofCouncil, City of Dubuque is hereby directed to Dubuque.notify the license holder of this action by Failure to pay this penalty shall result in aproviding to said license hold a certified copy fourteen (14) day suspension of the liquorof this Resolution. Such notice shall be by license and or beer permit held by the license.certified mail, return receipt requested. BE IT FURTHER RESOLVED that the CityFURTHER, that such license holder is Council, City of Dubuque is hereby directed tohereby notified that license holder has the right notify the license holder of this action byto appeal the imposition of this civil penalty to providing to said license hold a certified copythe Alcoholic Beverages Division of the of this Resolution. Such notice shall be byDepartment of Commerce by filing written certified mail, return receipt requested.notice of appeal with said Division and with the FURTHER, that such license holder isCity Council City of Dubuque within twenty- hereby notified that license holder has the rightone (21) days from the date of service of this to appeal the imposition of this civil penalty toResolution. the Alcoholic Beverages Division of theFURTHER, that the City Council City of Department of Commerce by filing writtenDubuque shall mail a copy of this Resolution notice of appeal with said Division and with theto: Licensing Bureau, Alcoholic Beverages City Council City of Dubuque within twenty-Division, Department of Commerce, 1918 S.E. one (21) days from the date of service of thisHulsizer Avenue, Ankeny, Iowa 50021. Resolution.This Resolution is passed this 21st day of FURTHER, that the City Council City ofJuly 1997. Dubuque shall mail a copy of this ResolutionTerrance M. Duggan, Mayor to: Licensing Bureau, Alcoholic BeveragesATTEST: Mary A. Davis, City Clerk Division, Department of Commerce, 1918 S.E.Council Member Voetberg moved adoption Hulsizer Avenue, Ankeny, Iowa 50021.of the Resolution. Seconded by Council This Resolution is passed this 21st day ofMember Buol. Motion carried 7-0. July 1997. Terrance M. Duggan, MayorRESOLUTION NO. 309-97 ATTEST: Mary A. Davis, City ClerkWHEREAS, Jacqueline Dalsing, an Council Member Voetberg moved adoptionemployee of Rainbo Oil Co., D/B/A Kwik Stop of the Resolution. Seconded by CouncilFood Mart at 2255 Kerper Blvd was charged in Member Buol. Motion carried 7-0. Dubuque County for violating Section 5.3-5 of the City of Dubuque Code. RESOLUTION NO. 308-97WHEREAS, the acts of an agent or WHEREAS, Robert DeHaven, anemployee of a licensee are imputed to the employee of Rainbo Oil Co., D/B/A Kwik Stoplicensee, Rainbo Oil Co. Food Mart at 2297 University Ave wasWHEREAS, said violation occurred on charged in Dubuque County for violatingMarch 29, 1997, and this being the first Section 5.3-5 of the City of Dubuque Code.violation of this section within a period of two Regular Session, July 21, 1997 (2) years, andamended, provides that local authorities shall WHEREAS, Iowa code section 123.39, asretain such civil penalties if the proceeding to amended, provides that a licensee whoimpose the penalty is conducted by the local violates said section may be assessed a civilauthority, penalty,NOW, THEREFORE BE IT RESOLVED, WHEREAS, Iowa Code section 123.39, asthat the City Council, City of Dubuque amended, provides that local authorities shallpursuant to the authority of the above cited retain such civil penalties if the proceeding tosections hereby imposes a civil penalty in the impose the penalty is conducted by the localamount of $ 300.00 against Rainbo Oil Co. authority,D/B/A Kwik Stop Food Mart License/Permit NOW, THEREFORE BE IT RESOLVED,No. BC 18343 at 2360 Central Ave that the City Council, City of DubuqueFURTHER, BE IT RESOLVED that said pursuant to the authority of the above citedlicense holder has thirty (30) days from the sections hereby imposes a civil penalty in thedate of notice of the Resolution to pay such amount of $ 300.00 against Rainbo Oil Co.penalty in full to the City Council, City of D/B/A Kwik Stop Food Mart License/PermitDubuque. No. BC 15011 at 2255 Kerper Blvd.Failure to pay this penalty shall result in a FURTHER, BE IT RESOLVED that saidfourteen (14) day suspension of the liquor license holder has thirty (30) days from thelicense and or beer permit held by the license. date of notice of the Resolution to pay suchBE IT FURTHER RESOLVED that the City penalty in full to the City Council, City ofCouncil, City of Dubuque is hereby directed to Dubuque.notify the license holder of this action by Failure to pay this penalty shall result in aproviding to said license hold a certified copy fourteen (14) day suspension of the liquorof this Resolution. Such notice shall be by license and or beer permit held by the license.certified mail, return receipt requested. BE IT FURTHER RESOLVED that the CityFURTHER, that such license holder is Council, City of Dubuque is hereby directed tohereby notified that license holder has the right notify the license holder of this action byto appeal the imposition of this civil penalty to providing to said license hold a certified copythe Alcoholic Beverages Division of the of this Resolution. Such notice shall be byDepartment of Commerce by filing written certified mail, return receipt requested.notice of appeal with said Division and with the FURTHER, that such license holder isCity Council City of Dubuque within twenty- hereby notified that license holder has the rightone (21) days from the date of service of this to appeal the imposition of this civil penalty toResolution. the Alcoholic Beverages Division of theFURTHER, that the City Council City of Department of Commerce by filing writtenDubuque shall mail a copy of this Resolution notice of appeal with said Division and with theto: Licensing Bureau, Alcoholic Beverages City Council City of Dubuque within twenty-Division, Department of Commerce, 1918 S.E. one (21) days from the date of service of thisHulsizer Avenue, Ankeny, Iowa 50021. Resolution.This Resolution is passed this 21st day of FURTHER, that the City Council City ofJuly 1997. Dubuque shall mail a copy of this ResolutionTerrance M. Duggan, Mayor to: Licensing Bureau, Alcoholic BeveragesATTEST: Mary A. Davis, City Clerk Division, Department of Commerce, 1918 S.E.Council Member Voetberg moved adoption Hulsizer Avenue, Ankeny, Iowa 50021.of the Resolution. Seconded by Council This Resolution is passed this 21st day ofMember Buol. Motion carried 7-0. July 1997. Terrance M. Duggan, MayorJuly 16, 1997 ATTEST: Mary A. Davis, City ClerkHonorable Mayor and Council Member Voetberg moved adoptionMembers of the City Council of the Resolution. Seconded by CouncilIn accordance with Chapter 400 of the Member Buol. Motion carried 7-0. 1997 Code of Iowa, the Civil Service Commission conducted a written entry level RESOLUTION NO. 310-97examination on May 28, 1997 for the position WHEREAS, Katie Wagner, an employee ofof Police Officer/Entry Level in the Police Rainbo Oil Co., D/B/A Kwik Stop Food MartDepartment. at 2360 Central Ave was charged in DubuqueWe hereby certify that the following County for violating Section 5.3-5 of the City ofindividuals have passed the written Dubuque Code.examination and other tests (including oral WHEREAS, the acts of an agent orinterviews) for this position and employee of a licensee are imputed to theappointment(s) should be made from this list. licensee, Rainbo Oil Co.POLICE OFFICER - ENTRY LEVEL WHEREAS, said violation occurred onJames NossJay Morrissett December 1, 1996, and this being the firstApostolos SarantopoulusScott Koch violation of this section within a period of twoPhilip HargungMark McIntyre (2) years, andJoshua DudenThomas Henneberry WHEREAS, Iowa code section 123.39, asDavid LiraJoseph Clancy amended, provides that a licensee whoAbigail SimonShawn Claussen violates said section may be assessed a civilBrian DayRebecca Wilson penalty,Mark PeterLisa Latham WHEREAS, Iowa Code section 123.39, asJordan RettenmeiarAaron Lieba Regular Session, July 21, 1997 Terry MassTina DuehrDUBUQUE, IOWA: Respectfully submitted,That the Manager be authorized to cause to Loras, J. Kluesner, Chairpersonbe issued the following named applicants a Tom Rawson, Civil Service Commission Beer Permit. July 16, 1997CLASS “C” BEER PERMIT Honorable Mayor andIowa Oil Company IOCO Speede Shoppe # Members of the City Council58+(Sunday Sale)2335 University In accordance with Chapter 400 of thePassed, approved and adopted this 21st 1997 Code of Iowa, the Civil Serviceday July, 1997. Commission conducted a written examinationTerrance M. Duggan, Mayor on July 1, 1997 for the position of ComputerAttest: Mary A Davis, City Clerk Programmer/Analyst.Council Member Voetberg moved adoption We hereby certify that the followingof the Resolution. Seconded by Council individual has passed this written examinationMember Buol. Motion carried 7-0. and the vacancy for this position should be made from this list.RESOLUTION NO. 313-97 COMPUTER PROGRAMMER/ANALYSTWhereas, applications for Liquor Licenses Rhonda L. Powershave been submitted to this Council for Respectfully submitted,approval and the same have been examined Loras J. Kluesner, Chairpersonand approved; and Tom Rawson, Civil Service Commission Whereas, the premises to be occupied by Council Member Voetberg moved that thesuch applicants were inspected and found to above certifications be made a matter ofcomply with the State Laws and all City record. Seconded by Council Member Buol.Ordinances relevant thereto and they have Motion carried 7-0. filed proper bonds. NOW, THEREFORE, BE IT RESOLVED Dubuque Historical Society requesting toBY THE CITY COUNCIL OF THE CITY OF transfer Beer Permit from Ryan House atDUBUQUE, IOWA: 1375 Locust St. to Parking Lots adjacent toThat the Manager be authorized to cause to Woodward River Museum on August 6th,be issued the following named applicants a presented and read. Council MemberLiquor License. Voetberg moved that the transfer be approved.CLASS “C” (COMMERCIAL) Seconded by Council Member Buol. MotionBEER & LIQUOR LICENSE carried 7-0. City of DubuqueDubuque Five Flags Center +(Sunday Sale)450 Main St. RESOLUTION NO. 311-97House of ChinaHouse of China NOW, THEREFORE, BE IT RESOLVED +(Sunday Sale)170 JFK Rd BY THE CITY COUNCIL OF THE CITY OFJeff DemmerBodine’s DUBUQUE, IOWA:+(Sunday Sale)1445 Central That the following having complied with theSteve GlewSticky Fins Beach Bar provisions of law relating to the sale of1005 Main St Cigarettes within the City of Dubuque, Iowa,C.Meyer/L. TottTott’s Tap be granted a permit to sell Cigarettes and(1 Day Outdoor Service) 3547 Jackson Cigarette Papers within said City.Passed, approved and adopted this 21st RENEWALSday of July, 1997. McCann’s IOCOMcCann’s Serv. Inc.Terrance M. Duggan, Mayor 690 W. LocustAttest: Mary A. Davis, City Clerk Old ShangNelda H. BennettCouncil Member Voetberg moved adoption 1091 Mainof the Resolution. Seconded by Council Silver Dollar CantinaM M & HMember Buol. Motion carried 7-0. 342 Main St YardarmYardarm Inc.1201 Shiras Ext.BOARDS AND COMMISSIONS Passed, approved and adopted this 21stFIVE FLAGS CIVIC CENTER day of July, 1997.COMMISSION Terrance M. Duggan, MayorApplicant - Gary Dolphin. Council Member Attest: Mary A. Davis, City ClerkVoetberg moved that Gary Dolphin be Council Member Voetberg moved adoptionreappointed to the Five Flags Civic Center of the Resolution. Seconded by CouncilCommission for a three year term which will Member Buol. Motion carried 7-0. expire 6-29-2000. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 312-97 Whereas, applications for Beer PermitsLIBRARY BOARD OF TRUSTEES have been submitted and filed to this CouncilApplicants - J. L. Felderman, Piper for approval and the same have beenKuhljuergen and Kristen Smith. Mayor examined and approved; and Duggan reappointed Kristen Smith and Whereas, the premises to be occupied byappointed Piper Kuhljuergen for four year such applicants were inspected and found toterms on the Library Board of Trustees which comply with the Ordinances of this City andwill expire 7-01-2001. Council Member Krieg have filed proper bonds.moved that they concur with the Mayor’s NOW, THEREFORE, BE IT RESOLVEDappointments to the Library Board. Seconded BY THE CITY COUNCIL OF THE CITY OFby Council Member Michalski. Motion carried Regular Session, July 21, 1997 7-0. SECTION 32-397 RE-ESTABLISHING RESIDENTIAL PARKING PERMIT PARK & RECREATION COMMISSIONDISTRICT D (LUCY DRIVE) Applicants - Lon Boike, Kim Daykin andNOW, THEREFORE, BE IT ORDAINED Gary Harjehausen. Vote on the appointmentsBY THE CITY COUNCIL OF THE CITY OF were as follows: Mayor Duggan voted forDUBUQUE, IOWA: Daykin and Harjehausen. Council MemberSection 1. That Subsection (a) of Section Buol voted for Daykin and Harjehausen.32-263 of the Code of Ordinances of the City Council Member Krieg voted for Daykin andof Dubuque, Iowa, relating to Residential Harjehausen. Council Member MichalskiParking Permit District D is hereby repealed voted for Daykin and Harjehausen. Counciland the following new Subsection (a) of Member Nicholson voted for Daykin andSection 32-397 adopted in lieu thereof: Harjehausen. Council Member Robbins votedSection 32-397. for Daykin and Harjehausen. Council Member(a)The following described area Voetberg voted for Boike and Daykin.constitutes a residential parking permit Therefore, Kim Daykin and Gary Harjehausendistrict designated as Residential were reappointed to three year terms whichParking Permit District D: will expire 6-30-2000.Lucy Drive, from Pennsylvania Avenue to Welu Drive. Council Member Robbins moved toPassed, approved and adopted this 21st suspend the rules to allow anyone present today of July, 1997. address the Council if they so desire. Seconded by Council Member Buol. MotionTerrance M. Duggan, Mayor carried 7-0. Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald Proof of publication certified to by thenewspaper this 29th day of July, 1997. Publisher on Notice of Public Hearing to1t 7/29Mary A. Davis CMC, City Clerk consider amending Residential Parking PermitCouncil Member Voetberg moved that the District “D” by removing Amy Court only fromrequirement that a proposed Ordinance be District; Communication of Mrs. Stephen Pfaffconsidered and voted on for passage at two requesting to keep district as is - do notCouncil Meetings prior to the meeting at which remove Amy Court; Communication of Earl it is to be finally passed be suspended. Alexander, Jr. questioning if enforcement for Seconded by Council Member Buol. Carried district can be done only during the school by the following vote: Yeas—Mayor Duggan, year and eliminated during the summer Council Members Buol, Krieg, Michalski, season; Communication of Diane Hanson Robbins, Voetberg. Nays—Council Member requesting removal of Amy Ct. from Nicholson. Council Member Voetberg moved Residential Parking Permit District “D”; and final consideration and passage of the City Manager advising the Council’s choice to Ordinance. Seconded by Council Member retain, amend or repeal the District, presented Buol. Carried by the following vote: and read. Council Member Voetberg moved Yeas—Mayor Duggan, Council Members that the proof and communications be Buol, Krieg, Michalski, Robbins, Voetberg. received and filed. Seconded by Council Nays—Council Member Nicholson. Member Buol. Carried by the following vote: Yeas—Mayor Duggan, Council Members Proof of publication certified to by the Buol, Krieg, Michalski, Robbins, Voetberg. Publisher on Notice of Public Hearing to Nays—Council Member Nicholson. consider an Urban Renewal Plan for the East 7th Street Economic Development District; Diane Hanson, 1646 Amy Ct., David Bret- Long Range Planning Advisory Commission hauer, 1611 Amy Ct., and Debbie Ryan, 1671 advising of the support and finds the request Amy Ct., all spoke requesting Council remove is consistent with the Comprehensive Plan Amy Ct. from the district. and recommends approval; and City Manager recommending adopting of Urban Renewal An Ordinance Amending Code ofPlan, presented and read. Council Member Ordinances by adopting in lieu thereof a newRobbins moved that the proof and subsection (a) of Section 32-397 re-communication be received and filed. establishing Residential Parking PermitSeconded by Council Member Krieg. Motion District “D” (Lucy Drive from Pennsylvaniacarried 7-0. Avenue to Welu Drive only), presented and read. RESOLUTION NO. 314-97 A RESOLUTION APPROVING THE URBAN (OFFICIAL PUBLICATION)RENEWAL PLAN FOR THE EAST 7TH ORDINANCE NO. 40-97STREET ECONOMIC DEVELOPMENT AN ORDINANCE AMENDING THE CODEDISTRICT. OF ORDINANCES OF THE CITY OF DU- Whereas, on April 7, 1997, the City Council BUQUE, IOWA, BY REPEALING of the City of Dubuque, Iowa authorized the SUBSECTION (a) OF SECTION 32-397 preparation of an Urban Renewal Plan (the ESTABLISHING RESIDENTIAL PARKING “Plan”) for the East 7th Street Economic PERMIT DISTRICT D (LUCY DRIVE AND Development District (the “District”); and AMY COURT) AND ADOPTING IN LIEU Whereas, the City of Dubuque’s primary THEREOF A NEW SUBSECTION (a) OF objectives in establishing this Plan are to Regular Session, July 21, 1997 provide redevelopment assistance to a localobjections, oral or written to the proposal to company recovering from a devastating firedispose of interest of the City of Dubuque, and to create new investment in an existingIowa, in the hereinabove described real estate industrial area that is currently vacant andto Bill and Jane Duggan. underutilized; andNOW THEREFORE, BE IT RESOLVED Whereas, the Long Range PlanningBY THE CITY COUNCIL OF THE CITY OF Commission has reviewed the proposed PlanDUBUQUE, IOWA: and has found that said document isSection 1.That the disposal of the consistent with the Comprehensive Plan forinterest of the City of Dubuque, Dubuque the development of the City of County, Iowa in real property described as Lot Dubuque as a whole and has transmitted its11A of Dubuque Homes Subdivision No. 1 to findings to the City Council; and Bill and Jane Duggan be and the same is Whereas, a consultation process has beenhereby approved for the sum of $513.00; plus undertaken with affected taxing entities incost of publication, platting and filing fees; accordance with Chapter 403 of the Code ofconveyance shall be by Quit Claim Deed. Iowa with no written objections orSection 2.That the Mayor be authorized recommended changes to the Plan received;and directed to execute a Quit Claim Deed, and and the City Clerk be and is hereby authorized Whereas, the City Council, in accordanceand directed to deliver said deed of with Chapter 403 of the Code of Iowa, hasconveyance to the above named grantees held a public hearing on the proposed Planupon receipt of the purchase price in full. after public notice thereof.Section 3.That the City Clerk be and is NOW, THEREFORE, BE IT RESOLVEDhereby authorized and directed to record a BY THE CITY COUNCIL OF THE CITY OFcertified copy of this resolution in the office of DUBUQUE, IOWA:the City Assessor, Dubuque County Recorder Section 1. That the Urban Renewal Planand Dubuque County Auditor. for the East 7th Street Economic DevelopmentPassed, approved and adopted this 21st District, attached hereto and made referenceday of July, 1997. to herein, be approved. Terrance M. Duggan, Mayor Section 2. That the City Clerk of the City ofAttest: Mary A. Davis, City Clerk Dubuque, Iowa is hereby authorized andCouncil Member Krieg moved adoption of directed to file a certified copy of thethe Resolution. Seconded by Council Member Resolution in the office of the DubuqueNicholson. Motion carried 7-0. County Recorder. Passed, approved and adopted this 21stProof of publication certified to by the day of July, 1997.Publisher on Notice of Public Hearing to Terrance M. Duggan, Mayorconsider Mississippi Riverwalk and Amenities Attest: Mary A. Davis, City ClerkProject, Peavey Company submitting their Council Member Robbins moved adoptionconcerns regarding the Mississippi River of the Resolution. Seconded by CouncilWalk plan; Communications (two) from Member Krieg. Motion carried 7-0. Attorney Brian J. Kane, on behalf of his client Fischer Companies, submitting comments Proof of publication certified to by theregarding proposed Mississippi Riverwalk; and Publisher on Notice of Public Hearing toCity Manager recommending selection of consider disposing of Lot 11A of DubuqueAlternative “D” as design and requesting Homes Subdivision No. 1 to Bill and Janefurther direction on other elements, presented Duggan and communication of City Managerand read. Council Member Voetberg moved recommending approval to dispose ofthat the proof of publication and property, presented and read. Councilcommunications be received and filed. Member Krieg moved that the proof andSeconded by Council Member Michalski. communication be received and filed.Motion carried 7-0. Seconded by Council Member Nicholson. Motion carried 7-0. Rod Tokheim, Olde Country Lane, representing the Chamber of Commerce and RESOLUTION NO. 315- 97Riverfront Development spoke encouraging Whereas, pursuant to resolution andthe Council to move forward on this matter. published notice of time and place of hearing, published in the Telegraph Herald, aDr. Paul Laube of Overview Ct., Rick newspaper of general circulation published inSteines, and Teri Goodman all spoke in the City of Dubuque, Iowa on the 11th day ofsupport of moving forward on this project. July, 1997, the City Council of the City of Dubuque, Iowa met on the 21st day of July,Council Member Voetberg moved that they 1997, at 7:30 p.m. in the Public Libraryapprove the selection of Alternative “D”. Auditorium, 11th and Locust, Dubuque,Seconded by Council Member Michalski. Dubuque, County, Iowa to consider theMotion carried 7-0. proposal for the sale of real estate described as:TABLED FROM COUNCIL MEETING Lot 11A of Dubuque Homes SubdivisionOF 7-7-97 No. 1 in the City of Dubuque, Iowa; andCity Manager recommending to reject all Whereas, the City Council of the City ofbids received for 15th Street Steps Dubuque, Iowa overruled any and allReconstruction project, presented and read. Regular Session, July 21, 1997 Council Member Voetberg moved to table thisGreyhound Park & Casino - Loading Dock matter and refer it to Community DevelopmentImprovements pursuant to Resolution No. to hold a Pubic Hearing to reallocate funds to274-97 and notice to bidders published in a go ahead and report back to Council.newspaper published in the City of Dubuque, Seconded by Council Member Buol. MotionIowa on the 19th day of June, 1997. carried 7-0. Whereas, said sealed proposals were opened and read on the 25th day of June, TABLED FROM COUNCIL MEETING1997 and it has been determined that the bid OF 7-7-97of Maryville Construction Co. of Hazel Green, City Manager recommending to awardWI in the amount of $45,493.00 was the contracts for projects at Dubuque Greyhoundlowest bid for the furnishings of all labor and Park & Casino - Parking Lot Improvementsmaterials and performing the work as provided AND Loading Dock Improvements, presentedfor in the plans and specifications. and read. Council Member Buol moved thatNOW THEREFORE, BE IT RESOLVED the communication be received and filed.BY THE CITY COUNCIL OF THE CITY OF Seconded by Council Member Nicholson.DUBUQUE, IOWA: Carried by the following vote: Yeas—MayorThat the contract for the above Duggan, Council Members Buol, Michalski,improvement be awarded to Maryville Nicholson, Robbins, Voetberg. Nays—None.Construction Company and the Manager be Abstain—Council Member Krieg. and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete RESOLUTION NO. 316-97performance of the work. AWARDING CONTRACTBE IT FURTHER RESOLVED: Whereas, sealed proposals have beenThat upon the signing of said contract and submitted by contractors for the Dubuquethe approval of the contractor’s bond, the City Greyhound Park & Casino - Parking LotTreasurer is authorized and instructed to Improvements pursuant to Resolution No.return the bid deposits of the unsuccessful 271-97 and notice to bidders published in abidders. newspaper published in the City of Dubuque,Passed, approved and adopted this 21st Iowa on the 19th day of June, 1997.day of July, 1997. Whereas, said sealed proposals wereTerrance M. Duggan, Mayor opened and read on the 19th day of June,Attest: Mary A. Davis, City Clerk 1997 and it has been determined that the bidCouncil Member Buol moved adoption of of River City Paving, a Division of Mathythe Resolution. Seconded by Council Member Construction Company of Kieler, Wisconsin inNicholson. Carried by the following vote: the amount of $228,484.50 was the lowest bidYeas—Mayor Duggan, Council Members for the furnishings of all labor and materialsBuol, Michalski, Nicholson, Robbins, and performing the work as provided for in theVoetberg. Nays—None. Abstain—Council plans and specifications.Member Krieg. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFProof of publication certified to by the DUBUQUE, IOWA:Publisher on Notice of Public Hearing to That the contract for the aboveconsider a lease for building at 1575 W. 3rd improvement be awarded to River City Paving,St. to Iowa Communications Network and City a Division of Mathy Construction CompanyManager recommending to approve lease, and the Manager be and is hereby directed topresented and read. Council Member execute a contract on behalf of the City ofVoetberg moved that the communication be Dubuque for the complete performance of thereceived and filed. Seconded by Council work.Member Buol. Motion carried 7-0. BE IT FURTHER RESOLVED: That upon the signing of said contract andRESOLUTION NO. 318-97 the approval of the contractor's bond, the CityRESOLUTION APPROVING THE LEASE Treasurer is authorized and instructed toOF THE BUILDING AT 1575 W. 3RD STRE- return the bid deposits of the unsuccessfulET TO THE IOWA COMMUNICATIONS bidders.NETWORK TO HOUSE Passed, approved and adopted this 21stCOMMUNICATIONS EQUIPMENT day of July, 1997.Whereas, published notice of date, time, Terrance M. Duggan, Mayorand place of a public hearing, published in the Attest: Mary A. Davis, City ClerkTelegraph Herald, a newspaper of general Council Member Buol moved adoption ofcirculation published in the City of Dubuque, the Resolution. Seconded by Council MemberIowa, on the 11th day of July, 1997, the City Nicholson. Carried by the following vote:Council of the City of Dubuque, Iowa met on Yeas—Mayor Duggan, Council Membersthe 21st day of July, 1997 at 7:00 p.m. in the Buol, Michalski, Nicholson, Robbins,Public Library Auditorium, Eleventh and Voetberg. Nays—None. Abstain—CouncilLocust Streets, Dubuque, Iowa, to consider Member Krieg. the lease of certain real property as set forth in the Lease Agreement between the City of RESOLUTION NO. 317-97Dubuque and the Iowa Communications AWARDING CONTRACTNetwork, a copy of which is attached hereto Whereas, sealed proposals have beenand incorporated herein by reference; and submitted by contractors for the DubuqueWhereas, the City Council of the City of Regular Session, July 21, 1997 Dubuque, Iowa desires to assist in theSeconded by Council Member Voetberg. distribution of the various communicationMotion carried 7-0. services and capabilities of the Iowa Communications Network to Schools,RESOLUTION NO. 319-97 Colleges, Libraries, Health Care Facilities,A RESOLUTION AUTHORIZING A LETTER Government Agencies, and other usersOF COMMITMENT AND ADDITIONAL authorized by law; andACTIONS CONCERNING AN ENTERPRISE Whereas, pursuant to a November 7, 1994OPPORTUNITY LOAN TO DIANN M. HUSE- agreement between the City of Dubuque andMANN, LITTLE BUDDIES CHILD CARE. TCI CablevisionWhereas, the City of Dubuque, Iowa, has of Dubuque, Inc., the City has constructedcreated an Enterprise Opportunity Program for and made available a building located at 1575the purpose of stimulating entrepreneurship by W. 3rd Street for the purpose of housinglow and moderate income people; and electronic equipment to function as aWhereas, the City of Dubuque, Iowa is distribution hub of Iowa Communicationsencouraging the use of this loan program to Network signals which serve authorized userfinance small, owner-operated businesses institutions located throughout Dubuque; andemploying five or fewer employees; and Whereas, the Iowa CommunicationsWhereas, DiAnn M. Husemann and Little Network offers to lease the building at 1575Buddies Child Care meet the requirements of W. 3rd Street from the City under terms thethis program; and City Council finds reasonable, beneficial to theWhereas, a Commitment Letter, hereto community and compatible with the 1994 TCIattached and by this reference made a part Cablevision of Dubuque, Inc. Agreement; andhereof, sets forth the terms and conditions of Whereas, the City Council of the City ofDiAnn M. Husemann's participation in the Dubuque, Iowa, overruled any and allEnterprise Opportunity Program. objections, oral or written, to this leaseNOW, THEREFORE, BE IT RESOLVED agreement;BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OFSection 1. That the application of DiAnn DUBUQUE, IOWA:M. Husemann, Little Buddies Child Care, for Section 1. The Lease Agreement betweenparticipation in the Enterprise Opportunity the City of Dubuque and the IowaProgram is hereby accepted and approved. Communications Network for the building atSection 2. That the Mayor is hereby 1575 W. 3rd Street to house electronic equip-authorized to execute, on behalf of the City ment, a copy of which is attached hereto, isCouncil of the City of Dubuque, Iowa, the hereby approved.attached Commitment Letter and to forward Section 2. The City Manager is authorizedsaid letter to DiAnn M. Husemann for review and directed to execute the Lease Agreementand approval. on behalf of the City of Dubuque.Section 3.That the City Manager be and Passed, approved and adopted this 21sthe is hereby directed to prepare, upon day of July, 1997.execution and receipt of the attached Terrance M. Duggan, MayorCommitment Letter, the necessary loan Attest: Mary A. Davis, City Clerk documents in accordance with the terms and Council Member Voetberg moved adoptionconditions set forth in said Commitment of the Resolution. Seconded by CouncilLetter. Member Buol. Motion carried 7-0. Section 4.That the City Manager is hereby authorized to execute, on behalf of the City Manager seeking confirmation thatCity Council of the City of Dubuque, Iowa, all consultant’s plan is consistent with Industrialnecessary loan documents and is further Park Master Plan as selected by Council,authorized to disburse loan funds from the presented and read. Council Member Voet-Enterprise Opportunity Program, in berg moved that the communication beaccordance with the terms and conditions of received and filed and confirmed thethe executed agreement. consistency of the Plan. Seconded by CouncilPassed, approved and adopted this 21st Member Nicholson. Motion carried 7-0. Uponday of July 1997. consensus, it was agreed to remove HeacockTerrance M. Duggan, Mayor Rd. from plans. Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of City Manager approving implementation ofthe Resolution. Seconded by Council Member Water Pollution Control Plant OperationVoetberg. Motion carried 7-0. Review Team’s recommendation, presented and read. Council Member Krieg moved thatZoning Advisory Commission advising of the communication be received and filed andtheir approval of final plat for Kelly Heights approved recommendation. Seconded bySubdivision, presented and read. Council Council Member Nicholson. Motion carried 7-Member Robbins moved that the 0. communication be received and filed. City Manager recommending approval ofSeconded by Council Member Nicholson. Enterprise Opportunity Program Loan LittleMotion carried 7-0. Buddies Child Care, presented and read. Council Member Buol moved that theRESOLUTION NO. 320-97 communication be received and filed.A RESOLUTION APPROVING THE FINAL Regular Session, July 21, 1997 PLAT OF LOTS 1 THROUGH 4 AND LOT Atwo (2) years from the date of acceptance OF KELLY HEIGHTS SUBDIVISION IN THEof this resolution, at the sole expense of the CITY OF DUBUQUE, IOWA.owners, or future owners; Whereas, there has been filed with the Cityd.To maintain the public improvements, for a Clerk a final plat of Lots 1 through 4 and Lot Aperiod of two (2) years from the date of the of Kelly Heights Subdivision in the City ofacceptance of those improvements by the Dubuque, Iowa; andCity of Dubuque, Iowa, at the sole expense Whereas, upon said final plat appears aof the owners, or future owners; certain street (Kelly Heights) and privatee.All assessable costs for maintenance or sanitary sewer to be owned by andservice, described herein, performed by the maintained to City standards at the soleCity of Dubuque, Iowa on Kelly Heights expense of the owners, FDR Development,shall be assessed against the owner or Inc. or their successor as assigned; andsuccessors as assigned and a lien placed Whereas, upon said final plat appears aupon said real property; certain public water main which the owners byAnd further provided that said FDR said final plat have dedicated to the publicDevelopment, Inc., as owners of said property, forever; andshall secure the performance of the foregoing Whereas, the preliminary plat has beenconditions provided in this Section by examined by the Zoning Advisory Commissionproviding guarantees in such form and with and had its approval endorsed thereon; andsuch sureties as may be acceptable to the City Whereas, said final plat has been reviewedManager of the City of Dubuque, Iowa. by the City Planner and had her approvalSection 3. That FDR Development, Inc. will endorsed thereon, subject to the ownersform a property owner’s association to provide agreeing to the conditions noted in Section 2maintenance for the private street, lift station below; andand force main. Whereas, said final plat has beenSection 4. That the final acceptance of all examined by the City Council and they findpublic improvements shall occur upon that it conforms to the statutes and ordinancescertification of the City Engineer to the City relating to it; andCouncil that all public improvements have Whereas, the City Council concurs in thebeen completed in accordance with the conditions of approval established by theimprovement plans and City standard Zoning Advisory Commission and the Cityspecifications and accepted by City Council Planner.Resolution. NOW, THEREFORE, BE IT RESOLVEDSection 5. That in the event FDR BY THE CITY COUNCIL OF THE CITY OFDevelopment, Inc. shall fail to execute the DUBUQUE, IOWA:acceptance and furnish the guarantees Section 1. That the dedications ofprovided in Section 2 hereof within 180 days easements for public utilities and water mainsafter the date of this Resolution, the provisions as they appear upon said final plat, be and thehereof shall be null and void and the same are hereby accepted; andacceptance of the dedication and approval the Section 2. That the plat of Lots 1 throughplat shall not be effective. 4 and Lot A of Kelly Heights Subdivision isPassed, approved and adopted this 21st hereby approved and the Mayor and City Clerkday of July, 1997. are hereby authorized and directed to endorseTerrance M. Duggan, Mayor the approval of the City of Dubuque, Iowa,ATTEST: Mary A. Davis, City Clerk upon said final plat, provided the owners ofACCEPTANCE OF said property herein named, execute theirRESOLUTION NO. 320-97 written acceptance hereto attached agreeing:We, the undersigned, Richard J. Schiltz, a.To install a private sanitary sewer lift stationVice President and James J. Roth, Secretary, and force main, sanitary sewer mains andrepresentatives for FDR Development, Inc., sewer service laterals into each individualhaving read the terms and conditions of the lot, water mains and water service lateralsResolution No. 320-97 and being familiar with into each individual lot, storm sewers andthe conditions thereof, hereby accept this catch basins, boulevard street lighting andsame and agree to the conditions required erosion control devices all in accordancetherein. with the City of Dubuque standardDated in Dubuque, Iowa this 23rd day of specifications.July, 1997. b.That the streets and utilities located in KellyFDR Development, Inc. Heights in the city of Dubuque, Iowa, shallBy /s/ Richard J. Schiltz, Vice President be private streets and private utilities asBy /s/ James J. Roth, Secretary shown upon the plan and further providingCouncil Member Robbins moved adoption that the City may enter such streets toof the Resolution. Seconded by Council provide necessary emergency services orMember Nicholson. Motion carried 7-0. other services or duties which it may be obligated by law to perform on theZoning Advisory Commission advising of premises; that the City may enter the streettheir approval to rezone property at 3170 and perform necessary maintenanceNightengale Lane from AG to R-1 as whenever the private owner fails to do so,requested by Patrick & Patricia Kennedy, and assess all costs to the owner orpresented and read. Council Member assigns;Voetberg moved that the communication be c.To construct said improvements, prior toreceived and filed. Seconded by Council Regular Session, July 21, 1997 Member Buol. Motion carried 7-0. Improvement Project, in the estimated amount of $1,098.742.00, are hereby approved and An Ordinance Amending Zoning Map byordered filed in the office of the City Clerk for reclassifying property located at 3170 Night-public inspection. engale Lane from AG Agricultural District toPassed, adopted and approved this 21st R-1 Single-Family Residential District, withday of July, 1997. conditions, presented and read. CouncilTerrance M. Duggan, Mayor Member Voetberg moved that the requirementAttest: Mary A. Davis, City Clerk that a proposed Ordinance be considered andCouncil Member Michalski moved adoption voted on for passage at two Council Meetingsof the Resolution. Seconded by Council prior to the meeting at which it is to be finallyMember Robbins. Motion carried 7-0. passed be suspended. Seconded by Council Member Buol. Motion carried 7-0. CouncilRESOLUTION NO. 322-97 Member Voetberg moved that a PublicFIXING DATE OF HEARING Hearing be held on the proposed Ordinance ON PLANS AND SPECIFICATIONS on the 4th day of August, 1997 at 7:00 p.m. inWhereas, the City Council of the City of the Public Library Auditorium and that the CityDubuque, Iowa has given its preliminary Clerk publish notice in the manner prescribedapproval on the proposed plans, by law. Seconded by Council Member Buol.specifications, and form of contract and Motion carried 7-0. placed same on file in the office of the City Clerk for public inspection of the Dubuque Zoning Advisory Commission advising ofIndustrial Center South Roadway their approval to rezone property located NorthImprovement Project. of U.S. Highway 61/151, west of Kerper Blvd.,NOW THEREFORE, BE IT RESOLVED south of Fengler St., and East of the I & M RRBY THE CITY COUNCIL OF THE CITY OF from HI to MHI as requested by the City ofDUBUQUE, IOWA: Dubuque, presented and read. CouncilThat on the 18th day of August, 1997, a Member Voetberg moved that thepublic hearing will be held at 7:00 p.m. in the communication be received and filed.public library at which time interested persons Seconded by Council Member Robbins.may appear and be heard for or against the Motion carried 7-0. proposed plans and specifications, form of contract and cost of said improvement, and An Ordinance Amending Zoning Map bythe City Clerk be and is hereby directed to reclassifying property located North of U.S.cause a notice of time and place of such Highway 61/151, West of Kerper Boulevard,hearing to be published in a newspaper having South of Fengler Street and East of the I & Mgeneral circulation in the City of Dubuque, Railroad from HI Heavy Industrial District toIowa, which notice shall be not less than four MHI Modified Heavy Industrial District,days nor more than twenty days prior to the presented and read. Council Memberday fixed for its consideration. At the hearing, Voetberg moved that the requirement that aany interested person may appear and file proposed Ordinance be considered and votedobjections to the proposed plans, on for passage at two Council Meetings priorspecifications, contract, or estimated cost of to the meeting at which it is to be finallythe improvement. passed be suspended. Seconded by CouncilPassed, adopted and approved this 21st Member Robbins. Motion carried 7-0.day of July, 1997. Council Member Voetberg moved that a Public Hearing be held on the proposed OrdinanceTerrance M. Duggan, Mayor on the 4th day of August, 1997 at 7:00 p.m. inAttest: Mary A. Davis, City Clerk the Public Library Auditorium and that the CityCouncil Member Michalski moved adoption Clerk publish notice in the manner prescribedof the Resolution. Seconded by Council by law. Seconded by Council MemberMember Robbins. Motion carried 7-0. Robbins. Motion carried 7-0. RESOLUTION NO. 323-97 City Manager submitting biddingORDERING BIDS documents providing for the construction ofNOW THEREFORE, BE IT RESOLVED Dubuque Industrial Center South RoadBY THE COUNCIL OF THE CITY OF Improvements project, presented and read.DUBUQUE, IOWA: Council Member Michalski moved that theThat the Dubuque Industrial Center South communication be received and filed.Roadway Improvement Project is hereby Seconded by Council Member Robbins.ordered to be advertised for bids for Motion carried 7-0. construction. BE IT FURTHER RESOLVED, that the RESOLUTION NO. 321-97amount of the security to accompany each bid PRELIMINARY APPROVALshall be in an amount which shall conform to OF PLANS AND SPECIFICATIONSthe provisions of the notice to bidders hereby NOW THEREFORE, BE IT RESOLVEDapproved as a part of the plans and BY THE CITY COUNCIL OF THE CITY OFspecifications heretofore adopted. DUBUQUE, IOWA: That the proposed plans, specifications,That the City Clerk is hereby directed to form of contract and estimated cost for theadvertise for bids for the construction of the Dubuque Industrial Center South Roadwayimprovements herein provided, to be published Regular Session, July 21, 1997 in a newspaper having general circulation indays prior to the day fixed for its consideration. the City of Dubuque, Iowa, which notice shallAt the hearing, any interested person may not be less than four days nor more thanappear and file objections to the proposed twenty days prior to the receipt of said bids atplans, specifications, contract, or estimated 2:00 p.m. on the 12th day of August, 1997.cost of the improvement. Bids shall be opened and read by the CityPassed, adopted and approved this 21st Clerk at said time and will be submitted to theday of July, 1997. Council for final action at 7:00 p.m. on theTerrance M. Duggan, Mayor 18th day of August, 1997.Attest: Mary A. Davis, City Clerk Passed, adopted and approved this 21stCouncil Member Robbins moved adoption day of July, 1997.of the Resolution. Seconded by Council Terrance M. Duggan, MayorMember Nicholson. Motion carried 7-0. Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoptionRESOLUTION NO. 326-97 of the Resolution. Seconded by CouncilORDERING BIDS Member Robbins. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF City Manager submitting biddingDUBUQUE, IOWA: documents providing for Kerper Industrial SiteThat the Kerper Boulevard Industrial Park Dredging project, presented and read.Grading Project is hereby ordered to be Council Member Robbins moved that theadvertised for bids for construction. communication be received and filed.BE IT FURTHER RESOLVED, that the Seconded by Council Member Nicholson.amount of the security to accompany each bid Motion carried 7-0. shall be in an amount which shall conform to the provisions of the notice to bidders hereby RESOLUTION NO. 324-97approved as a part of the plans and PRELIMINARY APPROVAL OFspecifications heretofore adopted. PLANS AND SPECIFICATIONSThat the City Clerk is hereby directed to NOW THEREFORE, BE IT RESOLVEDadvertise for bids for the construction of the BY THE CITY COUNCIL OF THE CITY OFimprovements herein provided, to be published DUBUQUE, IOWA:in a newspaper having general circulation in That the proposed plans, specifications,the City of Dubuque, Iowa, which notice shall form of contract and estimated cost for thenot be less than four days nor more than Kerper Boulevard Industrial Park Gradingtwenty days prior to the receipt of said bids at Project, in the estimated amount of2:00 p.m. on the 7th day of August, 1997. $890,125.00, are hereby approved andBids shall be opened and read by the City ordered filed in the office of the City Clerk forClerk at said time and will be submitted to the public inspection.Council for final action at 7:00 p.m. on the Passed, adopted and approved this 21st18th day of August, 1997. day of July, 1997.Passed, adopted and approved this 21st Terrance M. Duggan, Mayorday of July, 1997. Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Robbins moved adoptionAttest: Mary A. Davis, City Clerk of the Resolution. Seconded by CouncilCouncil Member Robbins moved adoption Member Nicholson. Motion carried 7-0. of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 325-97 FIXING DATE OF HEARINGCity Manager submitting bidding ON PLANS AND SPECIFICATIONSdocuments for 1997 Rehabilitation Repairs to Whereas, the City Council of the City ofthe City of Dubuque Parking Ramp Facilities Dubuque, Iowa has given its preliminaryproject, presented and read. Council Member approval on the proposed plans,Robbins moved that the communication be specifications, and form of contract andreceived and filed. Seconded by Council placed same on file in the office of the CityMember Nicholson. Motion carried 7-0. Clerk for public inspection of the Kerper Boulevard Industrial Park Grading Project.RESOLUTION NO. 327-97 NOW THEREFORE, BE IT RESOLVEDPRELIMINARY APPROVAL OF BY THE CITY COUNCIL OF THE CITY OFPLANS AND SPECIFICATIONS DUBUQUE, IOWA:NOW, THEREFORE, BE IT RESOLVED That on the 18th day of August, 1997, aBY THE CITY COUNCIL OF THE CITY OF public hearing will be held at 7:00 p.m. in theDUBUQUE, IOWA Public Library Auditorium at which timeThat the proposed plans, specifications, interested persons may appear and be heardform of contract and estimated cost for the for or against the proposed plans and1997 Rehabilitation Repairs to the City of specifications, form of contract and cost ofDubuque Parking Ramp Facilities, in the said improvement, and the City Clerk be andestimated amount of $125,000.00 are hereby is hereby directed to cause a notice of timeapproved and ordered filed in the office of the and place of such hearing to be published in aCity Clerk for public inspection. newspaper having general circulation in thePassed, approved, and adopted this 21st City of Dubuque, Iowa, which notice shall beday of July, 1997. not less than four days nor more than twentyTerrance M. Duggan, Mayor Regular Session, July 21, 1997 Attest: Mary A. Davis, City ClerkPassed, approved, and adopted this 21st Council Member Robbins moved adoptionday of July, 1997. of the Resolution. Seconded by CouncilTerrance M. Duggan, Mayor Member Nicholson. Motion carried 7-0. Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption RESOLUTION NO. 328-97of the Resolution. Seconded by Council FIXING DATE OF HEARING ONMember Nicholson. Motion carried 7-0. PLANS AND SPECIFICATIONS Whereas, the City Council of the City ofCity Manager submitting bidding Dubuque, Iowa has given its preliminarydocuments for Dubuque Regional Airport approval on the proposed plans,Entrance Road Reconstruction project, specifications, and form of contract andpresented and read. Council Member Krieg placed same on file in the office of the Citymoved that the communication be received Clerk for public inspection of the 1997and filed. Seconded by Council Member Buol. Rehabilitation Repairs to the City of DubuqueMotion carried 7-0. Parking Ramp Facilities. NOW, THEREFORE, BE IT RESOLVEDRESOLUTION NO. 330-97 BY THE CITY COUNCIL OF THE CITY OFPRELIMINARY APPROVAL OF DUBUQUE, IOWA:PLANS AND SPECIFICATIONS That on the 18th day of August, 1997, aNOW THEREFORE, BE IT RESOLVED public hearing will be held at 7:00 p.m.BY THE CITY COUNCIL OF THE CITY OF in the Public Library Auditorium at which timeDUBUQUE, IOWA: interested persons may appear and be heardThat the proposed plans, specifications, for or against the proposed plans andform of contract and estimated cost for the specifications, form of contract and cost ofDubuque Regional Airport Entrance Road said improvement, and the City Clerk be andReconstruction, in the estimated amount of is hereby directed to cause a notice of time$167,378.29, are hereby approved and and place of such hearing to be published in aordered filed in the office of the City Clerk for newspaper having general circulation in thepublic inspection. City of Dubuque, Iowa, which notice shall bePassed, adopted and approved this 21st not less than four days nor more than twentyday of July, 1997. days prior to the day fixed for its consideration.Terrance M. Duggan, Mayor At the hearing, any interested persons mayAttest: Mary A. Davis, City Clerk appear and file objections to the proposedCouncil Member Krieg moved adoption of plans, specifications, contract, or estimatedthe Resolution. Seconded by Council Member cost of the improvement.Buol. Motion carried 7-0. Passed, adopted, and approved this 21st day of July, 1997.RESOLUTION NO. 331-97 Terrance M. Duggan, MayorFIXING DATE OF HEARING ON Attest: Mary A. Davis, City ClerkPLANS AND SPECIFICATIONS Council Member Robbins moved adoptionWhereas, the City Council of the City of of the Resolution. Seconded by CouncilDubuque, Iowa has given its preliminary Member Nicholson. Motion carried 7-0. approval on the proposed plans, specifications, and form of contract and RESOLUTION NO. 329-97placed same on file in the office of the City ORDERING BIDSClerk for public inspection of the Dubuque NOW, THEREFORE, BE IT RESOLVEDRegional Airport Entrance Road BY THE CITY COUNCIL OF THE CITYReconstruction. OF DUBUQUE, IOWANOW THEREFORE, BE IT RESOLVED That the 1997 Rehabilitation Repairs to theBY THE CITY COUNCIL OF THE CITY OF City of Dubuque Parking Ramp Facilities isDUBUQUE, IOWA: hereby ordered to be advertised for bids forThat on the 18th day of August, 1997, a construction.public hearing will be held at 7:00 p.m. in the BE IT FURTHER RESOLVED, that thePublic Library Auditorium at which time amount of the security to accompany each bidinterested persons may appear and be heard shall be in an amount which shall conform tofor or against the proposed plans and the provisions of the notice to bidders herebyspecifications, form of contract and cost of approved as a part of the plans andsaid improvement, and the City Clerk be and specifications heretofore adopted.is hereby directed to cause a notice of time That the City Clerk is hereby directed toand place of such hearing to be published in a advertise for bids for the construction of thenewspaper having general circulation in the improvements herein provided, to beCity of Dubuque, Iowa, which notice shall be advertised in a newspaper having generalnot less than four days nor more than twenty circulation in the City of Dubuque, Iowa, whichdays prior to the day fixed for its consideration. notice shall not be less than four days norAt the hearing, any interested person may more than twenty days prior to the receipt ofappear and file objections to the proposed bids at 2:00 p.m. on the 4th day of August,plans, specifications, contract, or estimated 1997. Bids shall be opened and read by thecost of the improvement. City Clerk at said time and will be submitted toPassed, adopted and approved this 21st the City Council for final action at 7:00 p.m. onday of July, 1997. the 18th day of August, 1997.Terrance M. Duggan, Mayor Regular Session, July 21, 1997 Attest: Mary A. Davis, City ClerkRobbins. Motion carried 7-0. The meeting Council Member Krieg moved adoption ofadjourned at 9:46 p.m. the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Mary A. Davis CMC RESOLUTION NO. 332-97City Clerk ORDERING BIDS NOW THEREFORE, BE IT RESOLVEDApproved , 1997 BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:Adopted , 1997 That the Dubuque Regional Airport Entrance Road Reconstruction is hereby ordered to be advertised for bids for construction.Mayor BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids atCouncil Members 2:00 p.m. on the 7th day of August, 1997.Attest: Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on theCity Clerk 18th day of August, 1997. Passed, adopted and approved this 21st day of July, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager and Chief of Police recommending public hearings be set for August 4, 1997 to consider $300.00 assessments against following establishments for violation of Tobacco Sales to minors: Admiral’s Hi-Hat, George Stephenson, Hartig Drug at 700 Town Clock Plaza, Hooligan’s Sports Bar and Martin Auto Magic, presented and read. Council Member Michalski moved that the communications be received and filed and approved setting the Hearings for 8-4-97 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk give proper notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. At 9:08 p.m., Council Member Voetberg moved that it be resolved to go into Closed Session — In Accordance with Chapter 21.5 1.(c) 1997 Code of Iowa To discuss strategy with Counsel in matters that are presently in litigation. Seconded by Council Member Michalski. Motion carried 7-0. At 9:45 p.m. Council reconvened Regular Session with statement that Staff had been given direction. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member