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1997 August Council Proceedings Regular Session, August 4, 1997 16, presented and read. Council Member DUBUQUE Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 6-0. CITY COUNCIL NOTICES OF CLAIMS/SUITS — Francis & Robin Chaffee in unknown amount for water OFFICIAL damages; Attorney Michael Bohren on behalf PROCEEDINGS of John A. Cotter in amount of $750,000.00 for personal damages; Hillcrest Family Services in amount of $9,410 for backed up City Council, Regular Session, August 4, sewer damages; Walt McFadden in amount of 1997. $68.50 for property damages; Valerie H. Council met at 7:00 p.m., Public Library Mueller in unknown full amount for personal Auditorium. injuries; Attorney Stephen Juergens, on behalf Present: Mayor Duggan, Council Members of Jo Ellen Reed, in amount of not less than Buol, Krieg, Nicholson, Robbins, Voetberg, $100,000.00 for personal injuries; Paul City Manager Michael Van Milligen, Schmitt in estimated amount of $351.55 for Corporation Counsel Barry Lindahl. vehicle damages; Larry C. Wolff in amount of Absent at Roll Call: Council Member $4488.00 for backed up sewer damages, Michalski. presented and read. Council Member Voetberg moved that the claims and suits be Mayor Duggan read the call and stated this referred to the Legal Staff for investigation and is the regular Session of the City Council report. Seconded by Council Member Buol. called for the purpose to act upon such Motion carried 6-0. business which may properly come before the Council. Corporation Counsel recommending settlement of tire damage claim of Steven Invocation was given by Wayne Holt, Plein in the amount of $62.52 and Settlement Bishop of the Church of Jesus Christ of Latter Agreement with John Vandermeulen in Day Saints. amount of $21,342.00 plus statutory interest and costs (if any) for personal injuries, PROCLAMATIONS — Aug. 6th thru Oct. presented and read. Council Member 31st as “United Way Campaign Time” Voetberg moved that the communications be received by City Manager Michael Van received and filed and approved the Milligen. recommendation and the Finance Director is to issue the checks. Seconded by Council MINUTES SUBMITTED — Environmental Member Buol. Motion carried 6-0. Stewardship Advisory Commission of 7-23; Five Flags Commission of 7-21; Housing Corporation Counsel recommending denial Code Appeals Board of 5-20; Housing of following claims: Vehicle damage of Kathy Commission of 7-8; Joint Session of Historic Ansel; Tow charges of Nanette Wilt, Preservation Commission and Dubuque presented and read. Council Member Dispute Resolution Center submitting copy of Voetberg moved that the communication be their agreement form with Walnut Street received and filed and approved denials. neighbors; Investment Oversight Advisory Seconded by Council Member Buol. Motion Commission of 7-17; Public Library Board of carried 6-0. Trustees of 6-26; Zoning Board of Adjustment of 7-24, presented and read. Council Member Corporation Counsel advising property Voetberg moved that the minutes be received damage claim of Keith E. Kelly has been and filed. Seconded by Council Member Buol. administratively closed, presented and read. Motion carried 6-0. Council Member Voetberg moved that the communication be received and filed. Finance Director submitting Quarterly Seconded by Council Member Buol. Motion Investment Report for period ending July 30, carried 6-0. 1997, presented and read. Council Member Voetberg moved that the report be received REFUNDS REQUESTED— Paul Rasch, and filed. Seconded by Council Member Buol. $422.50 on unexpired Liquor License; Eagle Motion carried 6-0. Club, $75.00 on unexpired Cigarette License, presented and read. Council Member Investment Oversight Commission Voetberg moved that the refunds be approved submitting their 17th quarterly report, and directed Finance Director to issue proper presented and read. Council Member checks. Seconded by Council Member Buol. Voetberg moved that the report be received Motion carried 6-0. and filed. Seconded by Council Member Buol. Motion carried 6-0. William Gartner submitting his resignation from Environmental Stewardship Commission Proofs of Publications on publishing effective August 1, 1997 and Boniface Council Proceedings for meetings of 7-7 & 7- Regular Session, August 4, 1997 Arthofer resigning from Housing Codeadopted the Heritage Trail Master Plan that Appeals Board, presented and read. Councilincludes the North End Neighborhood Trail Member Voetberg moved that theand Linear Park. communications received and filed andNOW THEREFORE, BE IT RESOLVED accepted with regret. Seconded by CouncilBY THE CITY COUNCIL OF THE CITY OF Member Buol. Motion carried 6-0. DUBUQUE, IOWA: Section 1.That the Mayor is hereby City Manager recommending approval toauthorized to sign the REAP application for apply for two REAP grant applications for thethe North End Neighborhood Linear Park on Heritage Trail Riverfront System, presentedbehalf of the City of Dubuque. and read. Council Member Voetberg movedSection 2.That the Planning Services that the communication be received and filed.Manager is hereby authorized to submit this Seconded by Council Member Buol. Motionapplication for $93,344 in REAP funds to the carried 6-0. Dubuque County Resource Enhancement Committee and to the Iowa Department of RESOLUTION NO.333-97Natural Resources. APPLICATION FOR REAP FUNDS FORSection 3.That the City of Dubuque THE HERON POND WETLANDS NATUREhereby agrees to comply with applicable TRAILhandicapped accessibility and civil rights laws. WHEREAS, Iowa Department of NaturalPassed, approved and adopted this 4th day Resources has Resource Enhancement andof August, 1997. Protection (REAP) funds available to acquireTerrance M. Duggan, Mayor and develop city parks and recreational trails;Attest: Mary A. Davis, City Clerk andCouncil Member Voetberg moved adoption WHEREAS, the City of Dubuque hasof the Resolution. Seconded by Council adopted a Comprehensive Plan and aMember Buol. Motion carried 6-0. Riverfront Plan that include goals for development of bike/hike trails; andNotification from Iowa League of Cities WHEREAS, the City of Dubuque hasadvising that Council Member Dan Nicholson adopted the Heritage Trail Master Plan thatwill be serving on the League Nominating includes the Heron Pond Wetlands NatureCommittee, presented and read. Council Trail. Member Voetberg moved that the NOW THEREFORE, BE IT RESOLVEDcommunication be received and filed. BY THE CITY COUNCIL OF THE CITY OFSeconded by Council Member Buol. Motion DUBUQUE, IOWA:carried 6-0. Section 1.That the Mayor is hereby authorized to sign the REAP application forCity Manager recommending execution of the Heron Pond Wetlands Trail on behalf ofan agreement with Health Choices, Inc. for the City of Dubuque.administration services of City’s medical, Section 2.That the Planning Servicesdisability and cafeteria plans, presented and Manager is hereby authorized to submit thisread. Council Member Voetberg moved that application for $194,583 in REAP funds to thethe communication be received and filed and Dubuque County Resource Enhancementapproved recommendations. Seconded by Committee and to the Iowa Department ofCouncil Member Buol. Motion carried 6-0. Natural Resources. Section 3.That the City of DubuqueDonna Ginter requesting to transfer Beer hereby agrees to comply with applicablePermit from 1701 Asbury Rd. to 5th, 6th & handicapped accessibility and civil rights laws.Main Street for September 13 & 14 for Passed, approved and adopted this 4th dayRiverFest, presented and read. Council of August, 1997.Member Voetberg moved that the Terrance M. Duggan, Mayorcommunication be received and filed and Attest: Mary A. Davis, City Clerktransfer approved. Seconded by Council Council Member Voetberg moved adoptionMember Buol. Motion carried 6-0. of the Resolution. Seconded by Council Member Buol. Motion carried 6-0. RESOLUTION NO. 335-97 NOW, THEREFORE, BE IT RESOLVED RESOLUTION NO. 334-97BY THE CITY COUNCIL OF THE CITY OF APPLICATION FOR REAP FUNDS FORDUBUQUE, IOWA: THE NORTH END NEIGHBORHOODThat the following having complied with the LINEAR PARKprovisions of law relating to the sale of WHEREAS, Iowa Department of NaturalCigarettes within the City of Dubuque, Iowa, Resources has Resource Enhancement andbe granted a permit to sell Cigarettes and Protection (REAP) funds available to acquireCigarette Papers within said City. and develop city parks and recreational trails;NEW andLeeAnn & David Enterprises WHEREAS, the City of Dubuque hasD & L Drive-Thru1090 White Street adopted a Comprehensive Plan and aMolo Oil Co.Puff n Snuff Riverfront Plan that include goals for2013 Central Ave. development of bike/hike trails, parks andPassed, approved and adopted this 4th day open spaces; andof August, 1997. WHEREAS, the City of Dubuque hasTerrance M. Duggan, Mayor Regular Session, August 4, 1997 Attest: Mary A. Davis, City Clerkfrom C-3 Downtown Commercial District to C- Council Member Voetberg moved adoption1 Neighborhood Commercial District, said of the Resolution. Seconded by CouncilOrdinance having been given the first & Member Buol. Motion carried 6-0. second readings at the Council Meeting of 6- 16-97, now presented for further action. RESOLUTION NO. 336-97 Whereas, applications for Beer Permits(OFFICIAL PUBLICATION) have been submitted and filed to this CouncilORDINANCE NO. 41-97 for approval and the same have beenAN ORDINANCE AMENDING APPENDIX A examined and approved; and (THE ZONING ORDINANCE) OF THE CITY Whereas, the premises to be occupied byOF DUBUQUE CODE OF ORDINANCES, such applicants were inspected and found toBY RECLASSIFYING HEREINAFTER comply with the Ordinances of this City andDESCRIBED PROPERTY LOCATED AT have filed proper bonds.1104 WHITE STREET FROM C-4 NOW, THEREFORE, BE IT RESOLVEDDOWNTOWN COMMERCIAL DISTRICT TO BY THE CITY COUNCIL OF THE CITY OFC-1 NEIGHBORHOOD COMMERCIAL DUBUQUE, IOWA:DISTRICT. That the Manager be authorized to cause toNOW, THEREFORE, BE IT ORDAINED be issued the following named applicants aBY THE CITY COUNCIL OF THE CITY OF Beer Permit.DUBUQUE, IOWA: CLASS ‘B’ BEER PERMITSSection 1. That Appendix A (the Zoning Donna GinterRiverfestOrdinance) of the City of Dubuque Code of (5-Day Event)+ (Sunday Sale)7th & MainOrdinances is hereby amended by Tri State Golf Center Inc.reclassifying the hereinafter described Tri-State Golf Centerproperty from C-4 Downtown Commercial + (Sunday Sale)1095 Cedar Cross RdDistrict to C-1 Neighborhood Commercial CLASS “BE” BEER PERMITDistrict, to wit: Beverly MillerSids BeverageLot 2 of 1 of the South 1/5 of City Lot 480 +(Sunday Sale)2727 Dodge St(Sidwell ID #10-24-439-007), and to the center Passed, approved and adopted this 4th dayline of the adjoining public right-of-way, all in August, 1997.the City of Dubuque, Iowa. Terrance M. Duggan, MayorSection 2. The foregoing amendment has Attest: Mary A Davis, City Clerkheretofore been reviewed by the Zoning Council Member Voetberg moved adoptionAdvisory Commission of the City of Dubuque, of the Resolution. Seconded by CouncilIowa. Member Buol. Motion carried 6-0. Section 3. This ordinance shall take effect immediately upon publication, as provided by BOARDS AND COMMISSIONS:law. The following individuals to address thePassed, approved and adopted this 4th day Council to express their interest to serve onof August, 1997. the following: Terrance M. Duggan, Mayor CIVIC CENTER COMMISSION: Attest: Mary A. Davis, City Clerk Applicants: Linda L. Duehr & StevePublished officially in the Telegraph Herald Sesterhenn. Linda Duehr spoke. newspaper this 8th day of August, 1997. HOUSING COMMISSION: 1t 8/8Mary A. Davis CMC, City Clerk Applicants: Dorothy Culbertson, Josie Council Member Voetberg moved final Germaine, Julita Koch-Felton, Jim Holz and consideration and passage of the Ordinance. Thomas P. Swift, II. Josie Germaine spoke. Seconded by Council Member Nicholson. Council Member Michalski entered the Motion carried 7-0. Chambers at 7:08 p.m. Proof of publication certified to by the Council Member Robbins moved that the Publisher on Notice of Public Hearing to rules were suspended to allow anyone to consider reclassifying property located at 3170 speak if they so desire. Seconded by CouncilNightengale Lane from AG to R-1 District, with Member Buol. Motion carried 7-0.conditions (Requested by Patrick and Patricia Kennedy), presented and read. Council Proof of publication certified to by theMember Buol moved that the proof be received Publisher on Notice of Public Hearing toand filed. Seconded by Council Member consider reclassifying property at 1104 WhiteNicholson. Motion carried 7-0. Street from C-4 to C-1 District. (Requested by Neil & Katherine Kelley), presented and read.Patrick Kennedy spoke requesting the R-1 Council Member Voetberg moved that thezoning as it was when in the County. communication be received and filed. Seconded by Council Member Nicholson.An Ordinance Amending Zoning Map by Motion carried 7-0. reclassifying property located at 3170 Nightengale Lane from AG Agricultural District Neil Kelley spoke and requested the to R-1 Single-Family Residential District, with rezoning. Conditions, said Ordinance having been presented and read at the Council Meeting of An Ordinance Amending Zoning Map by 7-21-97, now presented for further action. reclassifying property at 1104 White Street Regular Session, August 4, 1997 (OFFICIAL PUBLICATION)Agreement shall be considered a zoning ORDINANCE NO. 42-97reclassification and shall be subject to the AN ORDINANCE AMENDING APPENDIX Aprovisions of the Zoning Ordinance governing (THE ZONING ORDINANCE) OF THE CITYzoning reclassifications. All such OF DUBUQUE CODE OF ORDINANCES,modifications must be approved by the City BY RECLASSIFYING HEREINAFTERCouncil of Dubuque, Iowa. DESCRIBED PROPERTY LOCATED ATD) Recording. A copy of this Agreement 3170 NIGHTENGALE LANE FROM AGshall be recorded with the Dubuque County AGRICULTURAL DISTRICT TO R-1Recorder as a permanent record of the SINGLE-FAMILY RESIDENTIAL DISTRICT,conditions accepted as part of this rezoning WITH CONDITIONS.approval within ten (10) days of the adoption of NOW, THEREFORE, BE IT ORDAINEDOrdinance No. 42-97. BY THE CITY COUNCIL OF THE CITY OFE) Construction. This Agreement shall be DUBUQUE, IOWA:construed and interpreted as though it were Section 1. That Appendix A (the Zoningpart of Appendix A of the Code of Ordinances Ordinance) of the City of Dubuque Code ofof the City of Dubuque, also known as the Ordinances is hereby amended byZoning Ordinance of the City of Dubuque, reclassifying the hereinafter describedIowa. property from AG Agricultural District to R-1F) This Agreement shall be binding upon Single-Family Residential District, withthe undersigned and his/her heirs, successor conditions, to wit:and assignees. Lot 1, Lot 2, and Lot A Cedar Ridge Acres No.ACCEPTANCE OF 2 - Lot 1 of Lot 1 Mineral Lot 216; Lot 2 of LotORDINANCE NO. 42-97 2 of Lot 2, of Lot 2, Lot 1 of Lot 2 of Lot 2 ofWe, Patrick and Patricia Kennedy, having Lot 2 and Lot 1 of Lot 2 of Lot 2 Cedar Ridgeread the terms and conditions of the foregoing Acres, and to the center line of the adjoiningOrdinance No. 42-97 and being familiar with public right-of-way, all in the City of Dubuque,the conditions thereof, hereby accept this Iowa.same and agree to the conditions required Section 2. The foregoing amendment hastherein. heretofore been reviewed by the ZoningDated in Dubuque, Iowa this 1st day of Advisory Commission of the City of Dubuque,August, 1997. Iowa.By /s/ Patrick Kennedy Section 3. This ordinance shall take effectBy /s/ Patricia Kennedy immediately upon publication, as provided byPublished officially in the Telegraph Herald law. newspaper this 8th day of August, 1997. Passed, approved and adopted this 4th day 1t 8/8Mary A. Davis CMC, City Clerk of August, 1997. Council Member Buol moved final Terrance M. Duggan, Mayor consideration and passage of the Ordinance. Attest: Mary A. Davis, City Clerk Seconded by Council Member Nicholson. MEMORANDUM OF AGREEMENT Motion carried 7-0. Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of Proof of publication certified to by the rezoning of the property described as: Publisher on Notice of Public Hearing to Lot 1, Lot 2, and Lot A Cedar Ridge Acres No. consider reclassifying property located North 2 - Lot 1 of Lot 1 Mineral Lot 216; Lot 2 of Lot of U.S. Highway 61/151, West of Kerper 2 of Lot 2, of Lot 2, Lot 1 of Lot 2 of Lot 2 of Blvd., South of Fengler St., and East of the I & Lot 2 and Lot 1 of Lot 2 of Lot 2 Cedar Ridge M Railroad from HI to MHI District (Requested Acres, and to the center line of the adjoining by City of Dubuque), presented and read. public right-of-way, all in the City of Dubuque, Council Member Robbins moved that the proof Iowa. be received and filed. Seconded by Council which is the subject of Ordinance No. 42-97, Member Nicholson. Motion carried 7-0. a copy of which is attached hereto and incorporated herein by reference, the An Ordinance Amending Zoning Map by undersigned property owners, agree to thereclassifying above property from HI Heavy following conditions, all of which the propertyIndustrial District to MHI Modified Heavy owners further agree are reasonable and areIndustrial District, said Ordinance having been imposed to satisfy public needs which arepresented and read at the Council Meeting of caused directly by the rezoning:7-21-97 now presented for further action. A) Performance Standards 1) That the 12 foot wide private road be(OFFICIAL PUBLICATION) brought up to a minimum of the private streetORDINANCE NO. 43-97 standards.AN ORDINANCE AMENDING APPENDIX A B) Reclassification of the Subject Property.(THE ZONING ORDINANCE) OF THE CITY The City of Dubuque, Iowa may initiate zoningOF DUBUQUE CODE OF ORDINANCES, reclassification proceedings to the AG BY RECLASSIFYING HEREINAFTER Agricultural District (which rezoning will DESCRIBED PROPERTY LOCATED include the removal of the performance NORTH OF U.S. HIGHWAY 61/151, WEST standards in Section A) if the property owner OF KERPER BOULEVARD, SOUTH OF fails to complete any of the conditions or FENGLER STREET AND EAST OF THE I & provisions of this Agreement. M RAILROAD FROM HI HEAVY C) Modifications. Any modifications of this INDUSTRIAL DISTRICT TO MHI MODIFIED Regular Session, August 4, 1997 HEAVY INDUSTRIAL DISTRICT.That the said plans, specifications, form of NOW, THEREFORE, BE IT ORDAINEDcontract and estimated cost are hereby BY THE CITY COUNCIL OF THE CITY OFapproved as the plans, specifications, form of DUBUQUE, IOWA:contract and estimated cost for said Section 1. That Appendix A (the Zoningimprovements for said project. Ordinance) of the City of Dubuque Code ofPassed, adopted and approved this 4th day Ordinances is hereby amended byof August, 1997. reclassifying the hereinafter describedTerrance M. Duggan, Mayor property from HI Heavy Industrial District toAttest: Mary A. Davis, City Clerk MHI Moderate Heavy Industrial District, to wit:Council Member Buol moved adoption of To include property as shown on Exhibit A andthe Resolution. Seconded by Council Member to the center line of the adjoining public right-Nicholson. Motion carried 7-0. of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment hasProof of publication certified to by the heretofore been reviewed by the ZoningPublisher on Notice to Bidders on Receipt of Commission of the City of Dubuque, Iowa.Bids for project and City Manager Section 3. This ordinance shall take effectrecommending to award contract for project, immediately upon publication, as provided bypresented and read. Council Member Buol law.moved that the proof and communication be Passed, approved and adopted this 4th dayreceived and filed. Seconded by Council of August, 1997.Member Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City ClerkRESOLUTION NO. 338-97 Published officially in the Telegraph HeraldAWARDING CONTRACT newspaper this 8th day of August, 1997.Whereas, sealed proposals have been 1t 8/8Mary A. Davis CMC, City Clerk submitted by contractors for the Boiler Council Member Robbins moved finalReplacement - Keyline Transit Facility consideration and passage of the Ordinance.pursuant to Resolution No. 292-97 and notice Seconded by Council Member Nicholson.to bidders published in a newspaper published Motion carried 7-0. in the City of Dubuque, Iowa on the 10th day of July, 1997. Whereas, said sealed proposals were Public Hearing to consider $300.00 opened and read on the 24th day of July, 1997 assessments against five establishments for and it has been determined that the bid of selling tobacco products to juveniles: Total Plumbing and Heating Company of Admirals’ Hi-Hat, Bunker Hill Golf Shop, Dubuque, Iowa in the amount of $36,200.00 Hartig Drug Co. at 2255 JFK Road; Hooligans was the lowest bid for the furnishings of all Sports Bar & Grill and Martin Auto Magic, labor and materials and performing the work presented and read. Council Member Krieg as provided for in the plans and specifications. moved that the communications be received NOW THEREFORE, BE IT RESOLVED and filed and concurred with the BY THE CITY COUNCIL OF THE CITY OF recommendations to assess the civil penalties DUBUQUE, IOWA: of $300.00 to each establishment. Seconded That the contract for the above by Council Member Michalski. Motion carried improvement be awarded to Total Plumbing 7-0. and Heating Company and the Manager be and is hereby directed to execute a contract on John Meyer, Mgr. of Hartigs on Asbury behalf of the City of Dubuque for the complete Square, spoke stating of their compliance with performance of the work. all laws. BE IT FURTHER RESOLVED: That upon the signing of said contract and Proof of publication certified to by the the approval of the contractor's bond, the City Publisher on Notice of Hearing on Plans and Treasurer is authorized and instructed to Specifications for Boiler Replacement - return the bid deposits of the unsuccessful Keyline Transit Facility, presented and read. Council Member Buol moved that the proof bebidders. received and filed. Seconded by CouncilPassed, approved and adopted this 4th day Member Nicholson. Motion carried 7-0. of August, 1997. Terrance M. Duggan, Mayor RESOLUTION NO. 337-97Attest: Mary A. Davis, City Clerk RESOLUTION ADOPTING PLANSCouncil Member Buol moved adoption of AND SPECIFICATIONSthe Resolution. Seconded by Council Member Whereas, on the 2nd day of July, 1997,Nicholson. Motion carried 7-0. plans, specifications, form of contract and estimated cost were filed with the City Clerk ofCity Manager advising funding is available Dubuque, Iowa for the Boiler Replacement -for the reconstruction of the 15th Street Steps Project and recommending awarding of Keyline Transit Facility. contract, presented and read. Council Whereas, notice of hearing on plans, Member Michalski moved that the specifications, form of contract, and estimated communication be received and filed. cost was published as required by law. Seconded by Council Member Voetberg. NOW THEREFORE, BE IT RESOLVED Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, August 4, 1997 RESOLUTION NO. 339-97on behalf of the City of Dubuque for the RESOLUTION APPROVING AMENDMENTcomplete performance of the work. NO. 3 TO THE PROGRAM YEAR 22BE IT FURTHER RESOLVED: ANNUAL ACTION PLAN FOR USE OFThat upon the signing of said contract and COMMUNITY DEVELOPMENT BLOCKthe approval of the contractor's bond, the City GRANT (CDBG) FUNDS.Treasurer is authorized and instructed to Whereas, the City of Dubuque preparedreturn the bid deposits of the unsuccessful and filed a Community Development Blockbidders. Grant 22nd Program Year Annual Action onPassed, approved and adopted this 4th day May 6, 1996; and of August, 1997. Whereas, said Plan was amended byTerrance M. Duggan, Mayor Resolution No. 442-96 on December 2, 1996Attest: Mary A. Davis, City Clerk and by Resolution 100-97 on March 3, 1997;Council Member Michalski moved adoption andof the Resolution. Seconded by Council Whereas, the City of Dubuque now desiresMember Voetberg. Motion carried 7-0. to further amend said Plan as per the attached Exhibit A:Tabled from meeting of July 7, 1997: Whereas, said amendment is aKristin Hartig appealing decision to remove nonsubstantial amendment as provided in thetrees planted along her property line on City's Citizen Participation Plan and mustMayfair Court and communication from Kristin therefore be approved by resolution of the CityHartig requesting her trees be saved, Council after review by the Communitypresented and read. Council Member Krieg Development Advisory Commission; andmoved that the trees be removed one at a time Whereas, the Community Developmentwith the City Engineer advising Council of the Advisory Commission reviewed the proposedvisibility changes. Seconded by Council amendments on July 15, 1997, and has votedMember Robbins. Vote on the motion was as to approve said amendments and tofollows: Yeas—Council Members Krieg, recommend approval by the City Council.Robbins. Nays—Mayor Duggan, Council NOW THEREFORE, BE IT RESOLVEDMembers Buol, Michalski, Nicholson, BY THE CITY COUNCIL OF THE CITY OFVoetberg. MOTION FAILED. DUBUQUE, IOWA:Then Council Member Nicholson moved Section 1. That the Communitythat the Ordinance be enforced, authorizing Development Block Grant 22nd Program Yearthe removal of the trees to the property line Annual Action Plan Amendment No. 3 heretoand reimburse Mrs. Hartig for the already attached as Exhibit A is hereby approved.incurred expenses of approx. $300.00. Section 2. That the City Manager is herebySeconded by Council Member Michalski. authorized and directed to submit a copy ofMotion carried 7-0. this resolution to the U. S. Department of Housing and Urban Development.City Manager submitting an ordinance Passed, approved and adopted this 4th dayproviding for traffic control at Radford Road of August, 1997.and Red Violet Drive, presented and read. Terrance M. Duggan, Mayor Council Member Buol moved that the Attest: Mary A. Davis, City Clerkcommunication be received and filed. Council Member Michalski moved adoptionSeconded by Council Member Voetberg. of the Resolution. Seconded by CouncilMotion carried 7-0. Member Voetberg. Motion carried 7-0. An Ordinance Amending Code of RESOLUTION NO. 340-97Ordinances providing for stop sign on Red AWARDING CONTRACTViolet Drive at Radford Road, presented and Whereas, sealed proposals have beenread. submitted by contractors for the 15th Street(OFFICIAL PUBLICATION) Steps Reconstruction Project pursuant toORDINANCE NO. 44- 97 Resolution No. 255-97 and notice to biddersAN ORDINANCE AMENDING THE CODE published in a newspaper published in the CityOF ORDINANCES OF THE CITY OF of Dubuque, Iowa on the 5th day of June,DUBUQUE, IOWA, BY MODIFYING 1997.SUBSECTION (b) OF SECTION 32-214 Whereas, said sealed proposals wereTHEREOF PROVIDING FOR THE opened and read on the 26th day of June,ADDITION OF A STOP SIGN AT RED 1997 and it has been determined that the bidVIOLET DRIVE AND RADFORD ROAD. of Portzen Construction Company, Inc. ofNOW, THEREFORE, BE IT ORDAINED Dubuque, Iowa in the amount of $149,808.00BY THE CITY COUNCIL OF THE CITY OF was the lowest bid for the furnishings of allDUBUQUE, IOWA: labor and materials and performing the workSection 1. That the Code of Ordinances of as provided for in the plans and specifications.the City of Dubuque, Iowa be amended by NOW THEREFORE, BE IT RESOLVEDadding Red Violet Drive and Radford Road to BY THE CITY COUNCIL OF THE CITY OFSubsection (b) of Section 32-214 thereof as DUBUQUE, IOWA:follows: That the contract for the above“Sec. 32-214. Stop Intersections. improvement be awarded to Portzen(b) Construction Company, Inc. and the Manager*** ** * be and is hereby directed to execute a contractWestbound Regular Session, August 4, 1997 Red Violet Drive and Radford Road.”approval of the City of Dubuque, Iowa, upon Passed, approved and adopted this 4th daysaid final plat, provided the owners of said of August, 1997.property herein named, execute their written Terrance M. Duggan, Mayoracceptance hereto attached agreeing: Attest: Mary A. Davis, City Clerka.To reduce McDonald Drive to grade and to Published officially in the Telegraph Heraldconstruct concrete curb and gutter and to hard surface with asphaltic concrete, or newspaper this 8th day of August, 1997. with concrete paving with integral curb, all 1t 8/8Mary A. Davis CMC, City Clerk in accordance with the City of Dubuque Council Member Buol moved that the standard specifications, all in a manner requirement that a proposed Ordinance be acceptable to the City Engineer, and in considered and voted on for passage at two conformance with construction Council Meetings prior to the meeting at which improvement plans approved by the City it is to be finally passed be suspended. Engineer, and inspected by the City Seconded by Council Member Voetberg. Engineer. Motion carried 7-0. Council Member Buol b.To install sanitary sewer mains and sewer moved final consideration and passage of the service laterals into each individual lot, Ordinance. Seconded by Council Member water mains and water service laterals into Voetberg. Motion carried 7-0. each individual lot, storm sewers and catch City Manager recommending approval ofbasins, boulevard street lighting and plat of Tires Plus Subdivision, presented anderosion control devices all in accordance read. Council Member Voetberg moved thatwith the City of Dubuque standard the communication be received and filed.specifications, all in a manner acceptable Seconded by Council Member Buol. Motionto the City Engineer, and in accordance carried 7-0. with construction improvement plans approved by the City Engineer, and RESOLUTION NO. 341-97inspected by the City Engineer. A RESOLUTION APPROVING THE FINALc.To construct said improvements, prior to PLAT OF LOTS 1, 2, AND A OF TIREStwo (2) years from the date of acceptance PLUS FIRST SUBDIVISION IN THE CITYof this resolution, at the sole expense of the OF DUBUQUE, IOWA.owners, or future owners; d.To maintain the public improvements, for a Whereas, there has been filed with the City period of two (2) years from the date of the Clerk a final plat of Lots 1, 2, and A of Tires acceptance of those improvements by the Plus First Subdivision in the City of Dubuque, City of Dubuque, Iowa, at the sole expense Iowa; and of the owners, or future owners; Whereas, upon said final plat appears a And further provided that said John Ward, street to be known as McDonald Drive (Lot A), as owner of said property, or assigns shall together with certain public utility and sewer secure the performance of the foregoing easements which the owners by said final plat conditions provided in this Section by have dedicated to the public forever; and providing guarantees in such form and with Whereas, the preliminary plat has been such sureties as may be acceptable to the City examined by the Zoning Advisory Commission Manager of the City of Dubuque, Iowa. and had its approval endorsed thereon; and Section 3. Sidewalk installation shall be the Whereas, said final plat has been reviewed responsibility of the owner of the property by the City Planner and had her approval abutting the public right-of-way, as required by endorsed thereon, subject to the owners City Code 41-161 through 41-164. The agreeing to the conditions noted in Section 2 responsibility shall extend to all successors, below; and heirs and assignees. Sidewalk installation will Whereas, said final plat has been not be required until the development of the lot examined by the City Council and they find has been completed, except as required that it conforms to the statutes and ordinances herein. In sparsely developed subdivisions, relating to it, except that no streets or public sidewalks on developed lots will not be utilities have yet been constructed or installed; andrequired until 50% of the lots approved by the Whereas, the City Council concurs in theplat have been developed. All vacant lots shall conditions of approval established by thehave sidewalks installed upon development of Zoning Advisory Commission and the City80% of the lots approved by the plat. Planner.Section 4.That storm water detention NOW, THEREFORE, BE IT RESOLVEDfacilities shall be a requirement of each site BY THE CITY COUNCIL OF THE CITY OFplan submitted to the City for the development DUBUQUE, IOWA:by the owners of said lots, which responsibility Section 1. That the dedication offor construction and maintenance shall be that McDonald Drive (Lot A), together with theof the owners of said lots and extend to all easements for public utilities, sanitary sewer,successors, heirs, and assigns. The sizing of the detention facilities shall, in addition to storm sewer and water mains as they appear detaining the site water, also incorporate and upon said final plat, be and the same are detain the impervious area of the abutting hereby accepted; and McDonald Drive. Section 2. That the plat of Lots 1, 2 and A Storm water detention facilities shall be of Tires Plus First Subdivision is hereby designed by a registered civil engineer and approved and the Mayor and City Clerk are shall be designed to detain the 2, 10 and 100 hereby authorized and directed to endorse the Regular Session, August 4, 1997 year storm recurrence intervals to thePUBLIC STAIRS BETWEEN W. 3RD predeveloped condition of each lot.STREET AND FENELON PLACE Section 5. That the final acceptance of allWhereas, there has been presented to the public improvements shall occur uponCity Council of the City of Dubuque, Iowa, a certification of the City Engineer to the Cityplat dated June 9, 1997, prepared by IIW Council that all public improvements haveEngineers and Surveyors, P.C., describing the been completed in accordance with theproposed vacated alley and public stairs improvement plans and City standardbetween W. 3rd Street and Fenelon Place; specifications and accepted by City Counciland Resolution.Whereas, said plat conforms to the laws Section 6. That in the event John Ward orand statutes pertaining thereto. assigns shall fail to execute the acceptanceNOW THEREFORE, BE IT RESOLVED and furnish the guarantees provided in SectionBY THE CITY COUNCIL OF THE CITY OF 2 hereof within 180 days after the date of thisDUBUQUE, IOWA: Resolution, the provisions hereof shall be nullSection 1.That the plat dated June 9, and void and the acceptance of the dedication1997, prepared by IIW Engineers and and approval the plat shall not be effective.Surveyors, P.C., relative to the real estate Passed, approved and adopted this 4th dayhereinabove described be and the same is of August, 1997.hereby approved, and the Mayor and City Terrance M. Duggan, MayorClerk be and they are hereby authorized and ATTEST: Mary A. Davis, City Clerkdirected to execute said plat for and on behalf ACCEPTANCE OFof the City of Dubuque, Iowa. RESOLUTION NO. 341-97Section 2.That the City Clerk be and is We, the undersigned, John Ward, ashereby authorized and directed to file said plat property owner, and Donald Gullett,and certified copy of this resolution in the representing Team Tires Plus, Ltd., havingoffice of the Recorder, in and for Dubuque read the terms and conditions of theCounty, Iowa. Resolution No. 341-97 and being familiar withPassed, approved and adopted this 4th day the conditions thereof, hereby accept thisof August, 1997. same and agree to the conditions requiredTerrance M. Duggan, Mayor therein.Attest: Mary A. Davis, City Clerk Dated in Dubuque, Iowa this 26th day ofCouncil Member Voetberg moved adoption August, 1997.of the Resolution. Seconded by Council By /s/ John WardMember Nicholson. Motion carried 7-0. By /s/ Donald Gullett Executive Vice President,An Ordinance Vacating alley and public Team Tires Plus, Ltd.stairway between W. 3rd St. and Fenelon To: Mary A. Davis, City ClerkPlace, presented and read. Council Member This is to certify that all necessary requiredVoetberg moved that the requirement that a security for above Resolution No. 341-97 hasproposed Ordinance be considered and voted been properly filled.on for passage at two Council Meetings prior Dated at Dubuque, Iowa this 27th day ofto the meeting at which it is to be finally August, 1997.passed be suspended. Seconded by Council Michael C. Van MilligenMember Nicholson. Motion carried 7-0. City ManagerCouncil Member Voetberg moved that a Public Council Member Voetberg moved adoptionHearing be held on the proposed Ordinance of the Resolution. Seconded by Councilon the 18th day of August, 1997 at 7:00 p.m. Member Buol. Motion carried 7-0. in the Public Library Auditorium and that the City Clerk publish notice in the manner City Manager recommending stricterprescribed by law. Seconded by Council enforcement policy and related Housing CodeMember Nicholson. Motion carried 7-0. amendment, however, requesting Council set a work session to review recommendation,RESOLUTION NO. 343-97 presented and read. Council MemberRESOLUTION DISPOSING OF CITY Michalski moved that the communication beINTEREST IN LOT 41B AND LOT 41C OF received and filed and approvedPROSPECT HILL, LOT 2A OF FENELON recommendation with Staff to contact CouncilPLACE, AND LOT 4A OF CITY LOT 692 Members to set a Work Session. SecondedWhereas, Paul and Ronda Kirkegaard, by Council Member Nicholson. MotionJohn Deere Dubuque Works of John Deere carried 7-0. Industrial Equipment Company, a Delaware Corporation (Deere), Anne Cunningham and City Manager recommending to vacate aSteve and Amy Schadle, have requested the portion of alley between 3rd St. & Fenelonvacating of an alley and public stairway Place, presented and read. Council Memberbetween W. 3rd Street and Fenelon Place; Voetberg moved that the communication beand received and filed. Seconded by CouncilWhereas, IIW Engineers and Surveyors, Member Nicholson. Motion carried 7-0. P.C. have prepared and submitted to the City Council a plat showing the vacated portion of RESOLUTION NO. 342-97the alley and public stairway between W. 3rd RESOLUTION APPROVING PLAT OFStreet and Fenelon Place and assigned lot PROPOSED VACATED ALLEY ANDnumbers thereto, which hereinafter shall be Regular Session, August 4, 1997 known and described as Lot 41B and Lot 41Cprescribed by law. Seconded by Council of Prospect Hill, Lot 2A of Fenelon Place, andMember Buol. Motion carried 7-0. Lot 4A of City Lot 692 in the City of Dubuque, Iowa; andRESOLUTION NO. 344-97 Whereas, the City Council of the City ofRESOLUTION DISPOSING OF CITY Dubuque, Iowa has determined that thisINTEREST IN A VACATED PORTION OF stairway between W. 3rd Street and FenelonKIRKWOOD STREET, FORMERLY UNION Place is no longer required for public use, andAVENUE AND A PORTION OF VACATED vacating and sale of said portions of alleys andBELLEVUE STREET, DUBUQUE, IOWA stairway known as Lot 41B and Lot 41C ofWhereas, the Earl A. Ehrlich Estate has Prospect Hill, Lot 2A of Fenelon Place, andrequested the vacation of a portion of Lot 4A of City Lot 692 in the City of Dubuque,Kirkwood Street formerly Union Avenue; and Dubuque County, Iowa should be approved.Whereas, Carl F. Bartels prepared a plat in NOW THEREFORE, BE IT RESOLVED1949 showing what had been assumed as the BY THE CITY COUNCIL OF THE CITY OFvacated portion of Union Avenue and the DUBUQUE, IOWA:vacated portion of Bellevue Street; and Section 1.That the City of DubuqueWhereas, the City Council of the City of intends to dispose of its interest in Lot 41BDubuque, Iowa has determined that these and Lot 41C of Prospect Hill, Lot 2A ofportions of vacated Kirkwood Street and Fenelon Place, and Lot 4A of City Lot 692 invacated Bellevue Street are no longer required the City of Dubuque, Iowa, as follows:for public use, and the sale of said portions of Lot 41B of Prospect Hill to John Deerestreets in the city of Dubuque, Dubuque Dubuque Works of John Deere IndustrialCounty, Iowa should be approved. Equipment Company, a DelawareNOW, THEREFORE, BE IT RESOLVED Corporation (Deere)BY THE CITY COUNCIL OF THE CITY OF Lot 2A of Fenelon Point Subdivision toDUBUQUE, IOWA: Anne CunninghamSection 1.That the City of Dubuque Lot 41C of Prospect Hill and Lot 4A of Cityintends to dispose of its interest in a portion of Lot 692 to Paul and Ronda Kirkegaardvacated Kirkwood Street and vacated Bellevue Section 2.The City of Dubuque reservesStreet in the City of Dubuque, Iowa. unto itself a perpetual easement including theSection 2.That the conveyance of the right of ingress and egress thereto, for theportions of Kirkwood Street abutting Lot 85 of purpose of erecting, installing, construction,Wood’s Addition in the City of Dubuque, reconstructing, repairing, owning, operating,Dubuque County, Iowa lying between the and maintaining water sewer, drainage, gas,original northerly right-of-way line of Union telephone, t.v. cable, and electric lines as mayAvenue and the northerly right-of-way line of be authorized by the City of Dubuque, Iowa.Kirkwood Street as presently used and one- Section 3.That the City Clerk be and ishalf of vacated Bellevue Street abutting Lot 85 hereby authorized and directed to cause andof Wood’s Addition in the City of Dubuque, all notice of intent to dispose of said real estate inas shown in a plat prepared by Carl F. Bartels the manner as prescribed by law.on March 12, 1949 and recorded in the Book Passed, approved and adopted this 4th dayof Plats 18, page 159 in the office of the of August, 1997.Dubuque County Recorder, to the Earl A. Terrance M. Duggan, MayorEhrlich Estate be and the same is hereby Attest: Mary A. Davis, City Clerkapproved for the sum of $1.00 plus the cost of Council Member Voetberg moved adoptionpublication, platting and filing fees; of the Resolution. Seconded by Councilconveyance shall be by Quit Claim Deed. Member Nicholson. Motion carried 7-0. Section 3.that the city Clerk be and is hereby authorized and directed to cause and City Manager recommending vacatingnotice of intent to dispose of said real estate in portion of Kirkwood Street formerly known asthe manner as prescribed by law. Union Ave., presented and read. CouncilPassed, approved and adopted this 4th day Member Voetberg moved that theof August, 1997. communication be received and filed.Terrance M. Duggan, Mayor Seconded by Council Member Buol. MotionAttest: Mary A. Davis, City Clerk carried 7-0. Council Member Voetberg moved adoption of the Resolution. Seconded by Council An Ordinance Vacating a portion ofMember Buol. Motion carried 7-0. Kirkwood St. formerly known as Union Avenue, presented and read. Council MemberThere being no further business, Council Voetberg moved that the requirement that aMember Michalski moved to adjourn. proposed Ordinance be considered and votedSeconded by Council Member Buol. The on for passage at two Council Meetings priormeeting adjourned at 8:18 p.m. to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Buol. Motion carried 7-0. CouncilMary A. Davis CMC Member Voetberg moved that a PublicCity Clerk Hearing be held on the proposed Ordinance on the 18th day of August, 1997 at 7:00 p.m. in the Public Library Auditorium and direct theApproved , 1997 City Clerk to publish notice in the manner Regular Session, August 4, 1997 Adopted , 1997 Mayor Council Members Attest: City Clerk Special Session, August 18, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Monday, August 18, 1997. Council Met at 5:30 Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. City Manager submitted the results of the Public Input Process for the Town Clock Plaza, provided recommendations for Council and recommended to set the matter for public hearing on September 15, 1997. Council Member Krieg moved to set this matter, specifically Alternate F, for public hearing on September 15, 1997 at 7:00 p.m. and direct the City Clerk to publish proper notice. Seconded by Council Member Robbins. Motion carried 7-0. There being no further business, Council Member Robbins moved to adjourn the meeting. Seconded by Council Member Michalski. Motion carried 7-0. The meeting adjourned at 6:28 p.m. Karen M. Chesterman Deputy City Clerk Approved , 1997 Adopted , 1997 Mayor Council Members Attest: City Clerk Regular Session, August 18, 1997 Douglas in amount of $412.64 for vehicle DUBUQUE damages; Ernest and Jane Gutierrez in unknown amount for personal injuries; Kay Manternach in unknown amount for property CITY COUNCIL damages; Michael VanderMillen in amount of $185.00 for property damages, presented and read. Council Member Voetberg moved that OFFICIAL the claims and suits be referred to the Legal PROCEEDINGS Staff for investigation and report. Seconded by Council Member Buol. Motion carried 7-0. City Council, Regular Session, August 18, 1997. Corporation Counsel advising following Council Met at 7:00 p.m., Public Library claims have been referred to Crawford & Auditorium. Company, the agent for the Iowa Communities Present: Mayor Duggan, Council Members Assurance Pool: Libel damage of John Cotter, Buol, Krieg, Michalski, Nicholson, Robbins, Property damage of Hillcrest Family Services; Voetberg, City Manager Michael Van Milligen, Personal injury of Valerie Mueller; Property Corporation Counsel Barry A. Lindahl. damage of Larry C. Wolff, presented and read. Council Member Voetberg moved that Mayor Duggan read the call and stated this the communications be received and filed. is the Regular Session of the City Council Seconded by Council Member Buol. Motion called for the purpose to act upon such carried 7-0. business which may properly come before the Council. Corporation Counsel recommending settlement of vehicle damage claim of Paul Invocation was given by Rev. James Schmitt in amount of $351.55, presented and Dotson, Pastor of Grandview United Methodist read. Council Member Voetberg moved that Church. the communication be received and filed and request approved and Finance Director to Minutes Submitted: Dubuque Regional issue check.. Seconded by Council Member Airport of 6-17; Electrical Code Board of 8-4; Buol. Motion carried 7-0. Environmental Stewardship Advisory Commission of 8-5; Historic Preservation Corporation Counsel advising car damage Commission of 6-26 & 7-24; Long Range claim of Carroll Clark is administratively closed Planning Commission of 7-30; Zoning and personal injury claim of Jo Ellen Reed has Advisory Commission of 8-6, presented and been referred to DRA’s insurance carrier, read. Council Member Voetberg moved that presented and read. Council Member the minutes be received and filed. Seconded Voetberg moved that the communications be by Council Member Buol. Motion carried 7-0. received and filed. Seconded by Council Member Buol. Motion carried 7-0. Proof of Publication on publishing Council Operation: New View expressing “Thanks” Proceedings for meeting of 7-21, presented for previous funding assistance, presented and read. Council Member Voetberg moved and read. Council Member Voetberg moved that the communication be received and filed. that the communication be received and filed. Seconded by Council Member Buol. Motion Seconded by Council Member Buol. Motion carried 7-0. carried 7-0. Printed Council proceedings for months of Kristen Hartig expressing “Thanks” for January, February and March, 1997 presented consideration given her regarding the situation for Council approval, presented and read. on Mayfair Ct., presented and read. Council Council Member Voetberg moved that the Member Voetberg moved that the proceedings be approved as printed. communication be received and filed. Seconded by Council Member Buol. Motion Seconded by Council Member Buol. Motion carried 7-0. carried 7-0. Finance Director submitting Financial James Noonan submitting his resignation reports for month of July, 1997, presented and from Dubuque Human Rights Commission, read. Council Member Voetberg moved that presented and read. Council Member the reports be received and filed. Seconded Voetberg moved that the communication be by Council Member Buol. Motion carried 7-0. received and filed and resignation accepted with regret. Seconded by Council Member Buol. Motion carried 7-0. Investment Oversight Commission submitting their 18th quarterly report, REFUNDS REQUESTED — Murphs presented and read. Council Member South End Tap, $633.75 on unexpired Liquor Voetberg moved that the report be received License, presented and read. Council and filed. Seconded by Council Member Buol. Member Voetberg moved that the refunds be Motion carried 7-0. approved and Finance Director to issue proper check. Seconded by Council Member Buol. NOTICES OF CLAIMS/SUITS — Mark Special Session, August 18, 1997 Motion carried 7-0. construction improvement plans approved by the City Engineer, and inspected by the Long Range Planning AdvisoryCity Engineer. Commission requesting to review and providec.To construct said improvements, prior to recommendations on selected floodwall muraltwo (2) years from the date of acceptance design prior to Council final approval,of this resolution, at the sole expense of the presented and read. Council Memberowners, or future owners; Voetberg moved that the communication beAnd further provided that said Gary and Karen received and filed and request approved.Newt, as owners of said property, shall secure Seconded by Council Member Buol. Motionthe performance of the foregoing conditions carried 7-0. provided in this Section by providing guarantees in such form and with such Zoning Advisory Commission advising ofsureties as may be acceptable to the City their approval of final plat for portion of Old MillManager of the City of Dubuque, Iowa. Subdivision, presented and read. CouncilSection 3. Sidewalk installation shall be the Member Voetberg moved that theresponsibility of the owner of the property communication be received and filed.abutting the public right-of-way, as required by Seconded by Council Member Buol. MotionCity Code 41-161 through 41-164. The carried 7-0. responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will RESOLUTION NO. 345-97not be required until the development of the lot A RESOLUTION APPROVING THE FINALhas been completed, except as required PLAT OF LOTS 1 THROUGH 6,herein. In sparsely developed subdivisions, INCLUSIVE, AND LOT A OF OLD MILLsidewalks on developed lots will not be SUBDIVISION, IN THE CITY OF DUBUQUE,required until 50% of the lots approved by the IOWA.plat have been developed. All vacant lots shall Whereas, there has been filed with the Cityhave sidewalks installed upon development of Clerk a final plat of Lots 1 through 6, inclusive,80% of the lots approved by the plat. and Lot A of Old Mill Subdivision, in the City ofSection 4. That in the event Gary and Dubuque, Iowa; andKaren Newt shall fail to execute the Whereas, upon said final plat appears aacceptance and furnish the guarantees street to be known as Manson Road, whichprovided in Section 2 hereof within 180 days the owners by said final plat have dedicated toafter the date of this Resolution, the provisions the public forever; andhereof shall be null and void and the Whereas, the final plat has been examinedacceptance of the dedication and approval the by the Zoning Advisory Commission and hadplat shall not be effective. its approval endorsed thereon; andPassed, approved and adopted this 18th Whereas, said final plat has beenday of August, 1997. examined by the City Council and they findTerrance M. Duggan, Mayor that it conforms to the statutes and ordinancesATTEST: Karen M. Chesterman relating to it; andDeputy City Clerk Whereas, the City Council concurs in theACCEPTANCE OF conditions of approval established by theRESOLUTION NO. 345-97 Zoning Advisory Commission and the CityWe, the undersigned, Gary and Karen Planner.Newt, having read the terms and conditions of NOW, THEREFORE, BE IT RESOLVEDthe Resolution No. 345-97 and being familiar BY THE CITY COUNCIL OF THE CITY OFwith the conditions thereof, hereby accept this DUBUQUE, IOWA:same and agree to the conditions required Section 1. That the dedication of additionaltherein. right-of-way for Manson Road (Lot A), be andDated in Dubuque, Iowa this 25th day of the same is hereby accepted; andSeptember, 1997. Section 2. That the plat of Lots 1 throughBy /s/ Gary Newt 6, inclusive, and Lot A of Old Mill SubdivisionBy /s/ Karen Newt is hereby approved and the Mayor and CityCouncil Member Voetberg moved adoption Clerk are hereby authorized and directed toof the Resolution. Seconded by Council endorse the approval of the City of Dubuque,Member Buol. Motion carried 7-0. Iowa, upon said final plat, provided the owners of said property herein named, execute theirZoning Advisory Commission advising of written acceptance hereto attached agreeing:their approval of a time extension for Planned a.To reduce Manson Road right-of-way (LotUnit Development as requested by University A) to grade in accordance with the City ofof Dubuque for property located on Highway Dubuque standard specifications, all in a20 near Devon Drive, presented and read. manner acceptable to the City Engineer.Council Member Voetberg moved that the b.To install sanitary sewer service lateralscommunication be received and filed. into each individual lot, and water serviceSeconded by Council Member Buol. Motion laterals into each individual lot, stormcarried 7-0. sewers and catch basins, and erosion control devices all in accordance with theZoning Advisory Commission advising of City of Dubuque standard specifications, alltheir approval of survey plat of portion of South in a manner acceptable to the CityPark Hill Subdivision, presented and read. Engineer, and in accordance withCouncil Member Voetberg moved that the Regular Session, August 18, 1997 communication be received and filed.the communication be received and filed. Seconded by Council Member Buol. MotionSeconded by Council Member Buol. Motion carried 7-0. carried 7-0. RESOLUTION NO. 346-97Leo and Ann Kringle expressing concerns RESOLUTION APPROVING THE SURVEYregarding property owned by the City and PLAT OF LOTS 1 AND 2 OF MILLERlocated at 1353 Bluff Street, presented and HOMESTEAD, A DIVISION OF LOTS 36,read. Council Member Voetberg moved that 36A AND 37 OF SOUTH PARK HILLthe communication be received and filed. SUBDIVISION, IN THE CITY OF DUBUQUE,Seconded by Council Member Buol. Motion IOWA.carried 7-0. Whereas, there has been filed with the City Clerk a survey plat of Lots 1 and 2 of MillerCity Manager recommending approval for Homestead, a division of Lots 36, 36A and 37Police Department’s participation in a of South Park Hill Subdivision, in the City ofDomestic Violence Grant awarded to the Dubuque, Iowa ; andDubuque County Attorney’s Office, presented Whereas, said plat provides only 3,920and read. Council Member Voetberg moved square feet of lot area for Lot 1, where 6,000that the communication be received and filed feet is required by Section 3-1.1(F) of theand approved recommendation. Seconded by Zoning Ordinance; andCouncil Member Buol. Motion carried 7-0. Whereas, said plat has been examined by the Zoning Advisory Commission and has itsCity Manager submitting information on approval endorsed thereon; and results of a cable franchise court case, Whereas, said plat has been examined bypresented and read. Council Member the City Council and they find that it conformsVoetberg moved that the communication be to the statutes and ordinances relating thereto.received and filed. Seconded by Council NOW THEREFORE, BE IT RESOLVEDMember Buol. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:City Manager recommending to award Section 1.That Section 3-1.1(F) of thecontract for City Government Inter-Facility Zoning Ordinance is waived to allow Lot 1 toFiber Optic Communication Network - Phase have 3,920 square feet of lot area, where1 - Construction/Installation of Buried Ducts 6,000 square feet of lot area is required.with Innerducts, presented and read. Council Section 2.That the Survey Plat of Lots 1Member Voetberg moved that the and 2 of Miller Homestead, a division of Lotscommunication be received and filed. 36, 36A and 37 of South Park Hill Subdivision,Seconded by Council Member Buol. Motion in the City of Dubuque, Iowa, is herebycarried 7-0. approved and the Mayor and City Clerk are hereby authorized and directed to endorse theRESOLUTION NO. 347-97 approval of the City of Dubuque, Iowa, uponRESOLUTION ADOPTING PLANS said final plat.AND SPECIFICATIONS Section 3.That in the event the ownersWhereas, on the 19th day of May, 1997, shall fail to execute the acceptance within 180plans, specifications, form of contract and days after the date of this resolution, theestimated cost were filed with the City Clerk of provisions hereof shall be null and void andDubuque, Iowa for the City Government Inter- the acceptance and approval of the plat shallFacility Fiber Optic Communication Network - not be effective.Phase 1 - Construction/Installation of Buried Passed, approved and adopted this 18thDucts with Innerducts. day of August, 1997.Whereas, notice of hearing on plans, Terrance M. Duggan, Mayorspecifications, form of contract, and estimated Attest: Karen M. Chesterman,cost was published as required by law. Deputy City ClerkNOW THEREFORE, BE IT RESOLVED ACCEPTANCE OFBY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 346-97DUBUQUE, IOWA: I, the undersigned, Jenanne L. Miller,That the said plans, specifications, form of having read the terms and conditions of thecontract and estimated cost are hereby Resolution No. 346-97 and being familiar withapproved as the plans, specifications, form of the conditions thereof, hereby accept thiscontract and estimated cost for said same and agree to the conditions requiredimprovements for said project. therein.Passed, adopted and approved this 18th Dated in Dubuque, Iowa this 21st day ofday of August, 1997. August, 1997.Terrance M. Duggan, Mayor By /s/ Jenanne L. MillerAttest: Karen M. Chesterman, Council Member Voetberg moved adoptionDeputy City Clerk of the Resolution. Seconded by CouncilCouncil Member Voetberg moved adoption Member Buol. Motion carried 7-0. of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Sarah Thier expressing “Thanks” for the opportunity to work as an intern in the CityRESOLUTION NO. 348-97 Attorneys’ offices this summer, presented andAWARDING CONTRACT read. Council Member Voetberg moved thatWhereas, sealed proposals have been Special Session, August 18, 1997 submitted by contractors for the CityCouncil Member Voetberg moved adoption Government Inter-Facility Fiber Opticof the Resolution. Seconded by Council Communications Network Phase I -Member Buol. Motion carried 7-0. Construction of Buried Ducts with Innerducts pursuant to Resolution No. 231-97 and noticeRESOLUTION NO.350-97 to bidders published in a newspaper publishedWhereas, applications for Liquor Licenses in the City of Dubuque, Iowa on the 16th dayhave been submitted to this Council for of June, 1997.approval and the same have been examined Whereas, said sealed proposals wereand approved; and opened and read on the 27th day of June, Whereas, the premises to be occupied by 1997 and it has been determined that the bidsuch applicants were inspected and found to of Voelkens Excavating of Dyersville, Iowa incomply with the State Laws and all City the amount of $59,291.00 was the lowest bidOrdinances relevant thereto and they have for the furnishings of all labor and materialsfiled proper bonds. and performing the work as provided for in theNOW, THEREFORE, BE IT RESOLVED plans and specifications.BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OFThat the Manager be authorized to cause to DUBUQUE, IOWA:be issued the following named applicants a That the contract for the aboveLiquor License. improvement be awarded to VoelkensCLASS ‘C’ (COMMERCIAL) BEER Excavating and the Manager be and is hereby& LIQUOR LICENSE directed to execute a contract on behalf of theWayne KramerThe Clubhouse City of Dubuque for the complete performance +(Sunday Sale)2364 Washington of the work.David H. Erickson Lucky “13" BE IT FURTHER RESOLVED: +(Sunday Sale)385 E 13th St That upon the signing of said contract andKing of Clubs,Inc. Freddy’s King of Clubs the approval of the contractor's bond, the City+(Sunday Sale)1902 Central Ave Treasurer is authorized and instructed toClarke College Clarke College return the bid deposits of the unsuccessful +(Sunday Sale)1550 Clarke Dr bidders.Passed, approved and adopted this 18th Passed, approved and adopted this 18thday of August, 1997. day of August, 1997.Terrance M. Duggan, Mayor Terrance M. Duggan, MayorAttest: Karen M. Chesterman Attest: Karen M. ChestermanDeputy City Clerk Deputy City ClerkCouncil Member Voetberg moved adoption Council Member Voetberg moved adoptionof the Resolution. Seconded by Council of the Resolution. Seconded by CouncilMember Buol. Motion carried 7-0. Member Buol. Motion carried 7-0. BOARDS AND COMMISSIONS: RESOLUTION NO. 349-97Individuals interested in serving on the Whereas, applications for Beer Permitsfollowing Boards and Commissions were have been submitted and filed to this Councilencouraged to address the Council to express for approval and the same have beentheir desire to serve. examined and approved; and HISTORIC PRESERVATION COMMISSION: Whereas, the premises to be occupied byApplicants - Duaine Greenfield, James A. such applicants were inspected and found toLeitner and Dan Plisek. No one spoke. comply with the Ordinances of this City andTRANSIT BOARD: have filed proper bonds.Applicant - Harry J. Bemis. No one spoke. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFAPPOINTMENTS TO THE FOLLOWING DUBUQUE, IOWA:COMMISSIONS: That the Manager be authorized to cause toCIVIC CENTER COMMISSION: be issued the following named applicants aAppointments: Applicants - Linda Duehr Beer Permit.and Steve Sesterhenn. Mayor Duggan voted CLASS ‘C’ BEER PERMITSfor Sesterhenn. Council Member Buol voted Oky Doky # 21Oky Doky # 21 LLCfor Duehr. Council Member Krieg voted for +( Sunday Sales)2010 KerperDuehr. Council Member Michalski voted for Mulgrew Oil CompanyDuehr. Council Member Nicholson voted for AMOCO Foodshop1450 Loras Blvd. Duehr. Council Member Robbins voted for CLASS ‘BE’ BEER PERMITSDuehr. Council Member Voetberg voted for LeeAnn & David Enterprises Inc.Sesterhenn. Therefore Linda Duehr was D & L Drive-Thru + (Sunday Sales)appointed to a three year term on the Civic 1090 White StCenter Commission which will expire 6-29- TFM Co.Oky Doky # 12000. +(Sunday Sales)250 W 1st St Passed, approved and adopted this 18thHOUSING COMMISSION: Applicants — day August, 1997.Dorothy Culbertson, Josie Germaine, Julita Terrance M. Duggan, MayorKoch-Felton, Jim Holz and Thomas Swift, II. Attest: Karen M. ChestermanMayor Duggan voted for Culbertson, Deputy City ClerkGermaine and Holz. Council Member Buol Regular Session, August 18, 1997 voted for Culbertson, Germaine, and Holz.Dubuque County, Iowa should be approved. Council Member Krieg voted for Culbertson,NOW, THEREFORE, BE IT ORDAINED Holz and Swift. Council Member MichalskiBY THE CITY COUNCIL OF THE CITY OF voted for Culbertson, Germaine and Holz.DUBUQUE, IOWA: Council Member Nicholson voted forSection 1. That the real estate described Culbertson, Holz and Swift. Council Memberas Lot 41B and Lot 41C of Prospect Hill, Lot Robbins voted for Culbertson, Holz, and Swift.2A of Fenelon Point, and Lot 4A of City Lot Council Member Voetberg voted for692 in the City of Dubuque, Iowa be and the Culbertson, Germaine and Holz. Therefore,same is hereby vacated. Dorothy A. Culbertson and Jim Holz wereSection 2. The City of Dubuque reserves reappointed and Josie Germaine wasunto itself a perpetual easement including the appointed to three year terms to expire 8-17-right of ingress and egress thereto, for the 2000. purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, Council Member Voetberg moved that theand maintaining water, sewer, drainage, gas, rules be suspended to allow anyone present totelephone, t.v. cable, and electric lines as may address the Council if they so desire.be authorized by the City of Dubuque, Iowa. Seconded by Council Member Robbins.Passed, approved and adopted this 18th Motion carried 7-0. day of August, 1997. Terrance M. Duggan, Mayor Proof of publication certified to by theAttest: Karen M. Chesterman publisher on Notice of Public Hearing toDeputy City Clerk consider vacating an alley and public stairwayPublished officially in the Telegraph Herald between W. 3rd Street and Fenelon Place andnewspaper this 22nd day of August, 1997. disposing of property and City ManagerKaren M. Chesterman, Deputy City Clerk recommending abandonment of West Third1t 8/22 Street Steps and vacating of property betweenCouncil Member Voetberg moved final Fenelon and West Third Street, presented andconsideration and passage of the Ordinance. read. Council Member Voetberg moved thatSeconded by Council Member Buol. Motion the proof and communication be received andcarried 7-0. filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 351-97 Whereas, pursuant to resolution and An Ordinance Vacating an alley and public published notice of time and place of hearing, stairway between W. 3rd Street and Fenelon published in the Telegraph Herald, a Place, said Ordinance having been presented newspaper of general circulation published in and read at the Council Meeting of 8-4-97, the City of Dubuque, Iowa on 8th day of now presented for further action. August, 1997, the City Council of the City of Dubuque, Iowa met on the 18th day of August, (OFFICIAL PUBLICATION) 1997, at 7:30 p.m. in the Public Library ORDINANCE NO. 45-97 Auditorium, 11th and Locust, Dubuque, ORDINANCE VACATING AN ALLEY AND Dubuque County, Iowa to consider the PUBLIC STAIRWAY BETWEEN W. 3RD proposal for the sale of real estate as: STREET AND FENELON PLACE Lot 41B of Prospect Hill to John Deere Whereas, Paul and Ronda Kirkegaard, Dubuque works of John Deere Industrial John Deere Dubuque Works of John Deere Equipment Company, a Delaware Industrial Equipment Company, a Delaware corporation (Deere) Corporation (Deere), Ann Cunningham, and Lot 2A of Fenelon Point Subdivision to Ann Steve and Amy Schadle have requested the Cunningham vacating of an alley and public stairway Lot 41C of Prospect Hill and Lot 4A of City between W. 3rd Street and Fenelon Place; Lot 692 to Paul and Ronda Kirkegaard; and and Whereas, the City Council of the City of Whereas, IIW Engineers and Surveyors, Dubuque, Iowa overruled any and all P.C. have prepared and submitted to the Cityobjections, oral or written to the proposal to Council a plat showing the vacated alley anddispose of interest in the City of Dubuque, public stairway between W. 3rd Street andIowa, in the hereinabove described real estate. Fenelon Place and assigned lot numbersNOW, THEREFORE, BE IT RESOLVED thereto, which hereinafter shall be known andBY THE CITY COUNCIL OF THE CITY OF described as Lot 41B and Lot 41C of ProspectDUBUQUE, IOWA: Hill, Lot 2A of Fenelon Point, and Lot 4A ofSection 1. That the disposal of the interest City Lot 692 in the City of Dubuque, Dubuqueof the City of Dubuque, Dubuque County, County, Iowa; andIowa in real property described as Lot 41B of Whereas, the City Council of the City ofProspect Hill to John Deere Dubuque Works Dubuque, Iowa has determined that the alleyof John Deere Industrial Equipment Company, and public stairway between W. 3rd Street a Delaware Corporation (Deere), Lot 2A of and Fenelon Place is no longer required for Fenelon Point Subdivision to Ann public use, and vacating of an alley and public Cunningham, Lot 41C of Prospect Hill and Lot stairway between W. 3rd Street and Fenelon 4A of City Lot 692 to Paul and Ronda Place to be known as Lot 41B and Lot 41C of Kirkegaard be and the same is hereby Prospect Hill, Lot 2A of Fenelon Point, and Lot approved for valuable consideration 4A of City Lot 692 in the City of Dubuque, established by agreement dated August 4, Special Session, August 18, 1997 1997; conveyance shall be by Quit ClaimProof of publication certified to by the Deed.publisher on Notice of Public Hearing to Section 2. That the Mayor be authorizedconsider vacating and disposing of a portion of and directed to execute a Quit claim Deed,Kirkwood Street formerly known as Union Ave. and the City Clerk be and is hereby authorizedand City Manager recommending approval to and directed to deliver said deed ofvacate and dispose of above property, conveyance to the above named grantee uponpresented and read. Council Member receipt of the purchase price in full.Michalski moved that the proof and Section 3. The City of Dubuque reservescommunication be received and filed. unto itself a perpetual easement including theSeconded by Council Member Nicholson. right of ingress and egress thereto, for theMotion carried 7-0. purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating,An Ordinance Vacating a portion of and maintaining water, sewer, drainage, gas,Kirkwood Street formerly known as Union telephone, t.v. cable, and electric lines as mayAvenue, said Ordinance having been be authorized by the City of Dubuque, Iowa.presented and read at the Council Meeting of Section 4.That the City Clerk be and is8-4-97, now presented for further action. hereby authorized and directed to record a certified copy of this resolution in the office of(OFFICIAL PUBLICATION) the City Assessor, Dubuque County RecorderORDINANCE NO. 46-97 and Dubuque County Auditor.ORDINANCE VACATING A PORTION OF Passed, approved and adopted this 18thKIRKWOOD STREET FORMERLY KNOWN day of August, 1997.AS UNION AVENUE Terrance M. Duggan, MayorWhereas, the Earl A. Ehrlich Estate has Attest: Karen M. Chestermanrequested the vacating of a portion of Deputy City ClerkKirkwood Street formerly known as Union Council Member Voetberg moved adoptionAvenue; and of the Resolution. Seconded by CouncilWhereas, Carl F. Bartels prepared a plat in Member Buol. Motion carried 7-0. 1949 showing what had been assumed as the vacated portion of what was then Union RESOLUTION NO. 352-97Avenue in the City of Dubuque, Dubuque RESOLUTION APPROVINGCounty, Iowa; and COOPERATIVE AGREEMENT WITHWhereas, this portion of what was then PROPERTY OWNERS ON WEST THIRDUnion Avenue was never formally vacated by STREET AND FENELON PLACEthe City Council; and RELATING TO PARCEL ACCESS ANDWhereas, the City Council of the City of UTILITY EASEMENTS.Dubuque, Iowa has determined that this Whereas, it’s been determined that theportion of Kirkwood Street is no longer Third Street Steps from Fenelon Place torequired for public use, and vacating of said West Third Street are no longer needed forKirkwood Street formerly known as Union public purposes; andAvenue abutting Lot 85 of the Wood’s Addition Whereas, the closure of the steps requirein the City of Dubuque, Dubuque County, Iowa that alternate access be provided to thelying between the original northerly right-of- parcels adjacent to the former steps; andway line of Union Avenue and the northerly Whereas, a five party agreement has beenright-of-way line of Kirkwood Street as prepared providing such access to parcelspresently used as shown in a plat prepared by and utility easements as needed.Carl F. Bartels on March 12, 1949 and NOW, THEREFORE, BE IT RESOLVEDrecorded in the Book of Plats 18, page 159 in BY THE CITY COUNCIL OF THE CITY OFthe office of the Dubuque County Recorder in DUBUQUE, IOWA:the City of Dubuque, Dubuque County, Iowa Section 1.That the City Council of theshould be approved. City of Dubuque concurs with the closure ofNOW, THEREFORE, BE IT ORDAINED the steps and the attached five partyBY THE CITY COUNCIL OF THE CITY OF agreement providing access to the parcelsDUBUQUE, IOWA: and utility easements as needed.Section 1. That the real estate described Section 2.That the Mayor be authorizedas the portion of Union Avenue abutting Lot 85 and directed to execute the agreement.of Wood’s Addition in the City of Dubuque, Section 3.That the City Clerk be and isDubuque County, Iowa lying between the hereby authorized and directed to file a copy oforiginal northerly right-of-way line of Union said agreement and certified copy of thisAvenue and the northerly right-of-way line of resolution in the office of the Recorder in andKirkwood Street as presently used as shown for the Dubuque County, Iowa.in a plat prepared by Carl F. Bartels on March Passed, approved and adopted this 18th12, 1949 and recorded in the Book of Plats 18, day of August, 1997.page 159 in the office of the Dubuque County Terrance M. Duggan, MayorRecorder be vacated. Attest: Karen M. ChestermanPassed, approved and adopted this 18th Deputy City Clerkday of August, 1997. Council Member Voetberg moved adoptionTerrance M. Duggan, Mayor of the Resolution. Seconded by CouncilAttest: Karen M. Chesterman Member Buol. Motion carried 7-0. Deputy City Clerk Published officially in the Telegraph Herald Regular Session, August 18, 1997 newspaper this 22nd day of August, 1997.the City Assessor, Dubuque County Recorder Karen M. Chesterman, Deputy City Clerkand Dubuque County Auditor. 1t 8/22Passed, approved and adopted this 18th Council Member Michalski moved finalday of August, 1997. consideration and passage of the Ordinance.Terrance M. Duggan, Mayor Seconded by Council Member Nicholson.Attest: Karen M. Chesterman Motion carried 7-0. Deputy City Clerk Council Member Michalski moved adoption RESOLUTION NO. 353-97of the Resolution. Seconded by Council Whereas, pursuant to resolution andMember Nicholson. Motion carried 7-0. published notice of time and place of hearing, published in the Telegraph Herald, aProof of publication certified to by the newspaper of general circulation published inpublisher on Notice of Hearing to adopt plans the City of Dubuque, Iowa on 8th day ofand specs. for Kerper Boulevard Industrial August, 1997, the City Council of the City ofPark Grading Project, presented and read. Dubuque, Iowa met on the 18th day of August,Council Member Buol moved that the 1997, at 7:30 p.m. in the Public Librarycommunication be received and filed. Auditorium, 11th and Locust, Dubuque,Seconded by Council Member Robbins. Dubuque County, Iowa to consider theMotion carried 7-0. proposal for the sale of real estate as: One-half of vacated Bellevue StreetRESOLUTION NO. 354-97 abutting Lot 85 of Wood’s Addition in theRESOLUTION ADOPTING PLANS City of Dubuque; andAND SPECIFICATIONS The portion of Kirkwood Street (formerlyWhereas, on the 16th day of July, 1997, Union Avenue) abutting Lot 85 of Wood’splans, specifications, form of contract and Addition in the City of Dubuque, Dubuqueestimated cost were filed with the City Clerk of County, Iowa lying between the originalDubuque, Iowa for the Kerper Boulevard northerly right-of-way line of Union AvenueIndustrial Park Grading Project. and the northerly right-of-way line ofWhereas, notice of hearing on plans, Kirkwood Street as presently used, all asspecifications, form of contract, and estimated shown in a plat prepared by Carl F. Bartelscost was published as required by law. on March 12, 1949 and recorded in theNOW THEREFORE, BE IT RESOLVED Book of Plats 18, page 159 in the office ofBY THE CITY COUNCIL OF THE CITY OF the Dubuque County Recorder.DUBUQUE, IOWA: Whereas, the City Council of the City ofThat the said plans, specifications, form of Dubuque, Iowa overruled any and allcontract and estimated cost are hereby objections, oral or written to the proposal toapproved as the plans, specifications, form of dispose of interest in the City of Dubuque,contract and estimated cost for said Iowa, in the hereinabove described real estate.improvements for said project. NOW, THEREFORE, BE IT RESOLVEDPassed, adopted and approved this 18th BY THE CITY COUNCIL OF THE CITY OFday of August, 1997. DUBUQUE, IOWA:Terrance M. Duggan, Mayor Section 1.That the disposal of theAttest: Karen M. Chesterman interest of the City of Dubuque, DubuqueDeputy City Clerk County, Iowa in real property described asCouncil Member Buol moved adoption of one-half of vacated Bellevue Street abuttingthe Resolution. Seconded by Council Member Lot 85 of Wood’s Addition in the City ofRobbins. Motion carried 7-0. Dubuque; and the portion of Kirkwood Street (formerly Union Avenue) abutting Lot 85 ofProof of publication certified to by the Wood’s Addition in the City of Dubuque,publisher on Notice to Bidders on the Receipt Dubuque County, Iowa lying between theof Bids for project and City Manager original northerly right-of-way line of Unionrecommending to award contract for project, Avenue and the northerly right-of-way line ofpresented and read. Council Member Buol Kirkwood Street as presently used, all asmoved that the proof and communication be shown in a plat prepared by Carl F. Bartels onreceived and filed. Seconded by Council March 12, 1949 and recorded in the Book ofMember Robbins. Motion carried 7-0. Plats 18, page 159 in the office of the Dubuque County Recorder to the Earl A.RESOLUTION NO. 355-97 Ehrlich Estate, be and the same is herebyAWARDING CONTRACT approved for the sum of $1.00 plus the cost ofWhereas, sealed proposals have been publication, platting and filing fees;submitted by contractors for the Kerper conveyance shall be by Quit Claim Deed.Boulevard Industrial Park Grading Project Section 2.That the Mayor be authorizedpursuant to Resolution No. 326-97 and notice and directed to execute a Quit claim Deed,to bidders published in a newspaper published and the City Clerk be and is hereby authorizedin the City of Dubuque, Iowa on the 31st day and directed to deliver said deed ofof July, 1997. conveyance to the above named grantee uponWhereas, said sealed proposals were receipt of the purchase price in full.opened and read on the 7th day of August, Section 3.That the City Clerk be and is1997 and it has been determined that the bid hereby authorized and directed to record aof J. F. Brennan Co., Inc. of La Crosse, certified copy of this resolution in the office ofWisconsin, in the amount of $558.889.00 was Special Session, August 18, 1997 the lowest bid for the furnishings of all laborby the following vote: Yeas—Mayor Duggan, and materials and performing the work asCouncil Members Buol, Krieg, Michalski, provided for in the plans and specifications.Nicholson, Robbins, Voetberg. Nays—None. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 357-97 DUBUQUE, IOWA:AWARDING CONTRACT That the contract for the aboveWhereas, sealed proposals have been improvement be awarded to J. F. Brennansubmitted by contractors for the Dubuque Co., Inc. and the Manager be and is herebyRegional Airport Entrance Road directed to execute a contract on behalf of theReconstruction pursuant to Resolution No. City of Dubuque for the complete performance332-97 and notice to bidders published in a of the work.newspaper published in the City of Dubuque, BE IT FURTHER RESOLVED:Iowa on the 24th day of July, 1997. That upon the signing of said contract andWhereas, said sealed proposals were the approval of the contractor's bond, the Cityopened and read on the 7th day of August, Treasurer is authorized and instructed to1997 and it has been determined that the bid return the bid deposits of the unsuccessfulof Tschiggfrie Excavating Company in the bidders.amount of $145,220.40 was the lowest bid for Passed, approved and adopted this 18ththe furnishings of all labor and materials and day of August, 1997.performing the work as provided for in the Terrance M. Duggan, Mayorplans and specifications. Attest: Karen M. ChestermanNOW THEREFORE, BE IT RESOLVED Deputy City ClerkBY THE CITY COUNCIL OF THE CITY OF Council Member Buol moved adoption ofDUBUQUE, IOWA: the Resolution. Seconded by Council MemberThat the contract for the above Robbins. Motion carried 7-0. improvement be awarded to Tschiggfrie Excavating Company and the Manager be and Proof of publication certified to by theis hereby directed to execute a contract on publisher on Notice of Hearing to adopt plansbehalf of the City of Dubuque for the complete and specs. for Dubuque Regional Airportperformance of the work. Entrance Road Reconstruction, presented andBE IT FURTHER RESOLVED: read. Council Member Robbins moved thatThat upon the signing of said contract and the proof be received and filed. Seconded bythe approval of the contractor's bond, the City Council Member Buol. Motion carried 7-0. Treasurer is authorized and instructed to return the bid deposits of the unsuccessful RESOLUTION NO. 356-97bidders. RESOLUTION ADOPTING PLANSPassed, approved and adopted this 18th AND SPECIFICATIONSday of August, 1997. Whereas, on the 17th day of July, 1997,Terrance M. Duggan, Mayor plans, specifications, form of contract andAttest: Karen M. Chesterman estimated cost were filed with the City Clerk ofDeputy City Clerk Dubuque, Iowa for the Dubuque RegionalCouncil Member Robbins moved adoption Airport Entrance Road Reconstruction.of the Resolution. Seconded by Council Whereas, notice of hearing on plans,Member Buol. Motion carried 7-0. specifications, form of contract, and estimated cost was published as required by law.Proof of publication certified to by the NOW THEREFORE, BE IT RESOLVEDpublisher on Notice of Hearing to adopt Plans BY THE CITY COUNCIL OF THE CITY OFand Specs. for Dubuque Industrial Center DUBUQUE, IOWA:South Roadway Improvement Project, That the said plans, specifications, form ofpresented and read. Council Member Buol contract and estimated cost are herebymoved that the proof and communication be approved as the plans, specifications, form ofreceived and filed. Seconded by Council contract and estimated cost for saidMember Voetberg. Motion carried 7-0. improvements for said project. Passed, adopted and approved this 18thRESOLUTION NO. 358-97 day of August, 1997.RESOLUTION ADOPTING PLANS Terrance M. Duggan, MayorAND SPECIFICATIONS Attest: Karen M. ChestermanWhereas, on the 17th day of July, 1997, Deputy City Clerkplans, specifications, form of contract and Council Member Robbins moved adoptionestimated cost were filed with the City Clerk of of the Resolution. Seconded by CouncilDubuque, Iowa for the Dubuque Industrial Member Buol. Motion carried 7-0. Center South Roadway Improvement Project. Whereas, notice of hearing on plans, Proof of publication certified to by thespecifications, form of contract, and estimated publisher on Notice to Bidders on the Receiptcost was published as required by law. of Bids for project and City ManagerNOW THEREFORE, BE IT RESOLVED recommending to award contract for project,BY THE CITY COUNCIL OF THE CITY OF presented and read. Council MemberDUBUQUE, IOWA: Robbins moved that the proof andThat the said plans, specifications, form of communication be received and filed.contract and estimated cost are hereby Seconded by Council Member Buol. Carriedapproved as the plans, specifications, form of Regular Session, August 18, 1997 contract and estimated cost for saidRESOLUTION NO. 360-97 improvements for said project.RESOLUTION ADOPTING PLANS Passed, adopted and approved this 18thAND SPECIFICATIONS day of August, 1997.Whereas, on the 21st day of July, 1997, Terrance M. Duggan, Mayorplans, specifications, form of contract and Attest: Karen M. Chesterman, Deputy Cityestimated cost were filed with the City Clerk of ClerkDubuque, Iowa, for the 1997 Rehabilitation Council Member Buol moved adoption ofRepairs to the City of Dubuque parking Ramp the Resolution. Seconded by Council MemberFacilities. Voetberg. Motion carried 7-0. Whereas, notice of hearing on plans, specifications, form of contract, and estimated Proof of publication certified to by thecost was published as required by law. publisher on Notice to Bidders on Receipt ofNOW, THEREFORE, BE IT RESOLVED Bids and City Manager recommending toBY THE CITY COUNCIL OF THE CITY OF award contract for project, presented andDUBUQUE, IOWA: read. Council Member Buol moved that theThat the said plans, specifications, form of communication be received and filed.contract, and estimated cost are hereby Seconded by Council Member Voetberg.approved as the plans, specifications, form of Motion carried 7-0. contract and estimated cost for said improvements for said project. RESOLUTION NO. 359-97Passed, approved and adopted this 18th AWARDING CONTRACTday of August, 1997. Whereas, sealed proposals have beenTerrance M. Duggan, Mayor submitted by contractors for the DubuqueAttest: Karen M. Chesterman Industrial Center South RoadwayDeputy City Clerk Improvement Project pursuant to ResolutionCouncil Member Voetberg moved adoption No. 323-97 and notice to bidders published inof the Resolution. Seconded by Council a newspaper published in the City ofMember Buol. Motion carried 7-0. Dubuque, Iowa on the 31st of July, 1997. Whereas, said sealed proposals wereProof of publication certified to by the opened and read on the 12th day August,publisher on Notice to Bidders on Receipt of 1997 and it has been determined that the bidBids for project and City Manager of Horsfield Construction Company, Inc. ofrecommending to award contract, presented Epworth, Iowa in the amount of $783,325.32and read. Council Member Voetberg moved was the lowest bid for the furnishings of allthat the proof and communication be received labor and materials and performing the workand filed. Seconded by Council Member Buol. as provided for in the plans and specifications.Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 361-97 DUBUQUE, IOWA:AWARDING CONTRACT That the contract for the aboveWhereas, sealed proposals have been improvement be awarded to Horsfieldsubmitted by contracts for the 1997 Construction Company, Inc., subject toRehabilitation Repairs to the City of Dubuque concurrence of the Iowa Department ofParking Ramp Facilities pursuant to Transportation, and the Manager be and isResolution No. 329-97 and notice to bidders hereby directed to execute a contract onpublished in a newspaper published in the City behalf of the City of Dubuque for the completeof Dubuque, Iowa, on the 25th day of July, performance of the work.1997. BE IT FURTHER RESOLVED:Whereas, said sealed proposals were That upon the signing of said contract andopened and read on the 4th day of August, the approval of the contractor's bond, the City1997, and it has been determined that the bid Treasurer is authorized and instructed toof McGill Restoration, Inc. in the amount of return the bid deposits of the unsuccessful$67,000 was the lowest bid for the furnishings bidders.of all labor and materials and performing the Passed, approved and adopted this 18thwork as provided for in the plans and day of August, 1997.specifications. Terrance M. Duggan, MayorNOW, THEREFORE, BE IT RESOLVED Attest: Karen M. ChestermanBY THE CITY COUNCIL OF THE CITY OF Deputy City ClerkDUBUQUE, IOWA: Council Member Buol moved adoption ofThat the contract for the above the Resolution. Seconded by Council Memberimprovement be awarded to McGill Voetberg. Motion carried 7-0. Restoration, Inc. and the Manager be and is hereby directed to execute a contract on Proof of publication certified to by thebehalf of the City of Dubuque for the complete publisher on Notice of Hearing to adopt Plansperformance of the work. and Specs. for 1997 Rehabilitation Repairs toBE IT FURTHER RESOLVED: City’s Parking Ramp Facilities, presented andThat upon the signing of said contract and read. Council Member Voetberg moved thatthe approval of the contractor’s bond, the City the proof be received and filed. Seconded byTreasurer is authorized and instructed to Council Member Buol. Motion carried 7-0. return the bid deposits of the unsuccessful bidders. Special Session, August 18, 1997 Passed, approved and adopted this 18thJ.F. Kennedy Road, Dodge Street (U.S. day of August, 1997.Highway 20) to Sunset Park Circle. Terrance M. Duggan, MayorPassed, approved and adopted this 18th Attest: Karen M. Chestermanday of August, 1997. Deputy City ClerkTerrance M. Duggan, Mayor Council Member Voetberg moved adoptionAttest: Karen M. Chesterman of the Resolution. Seconded by CouncilDeputy City Clerk Member Buol. Motion carried 7-0. Published officially in the Telegraph Herald newspaper this 22nd day of August, 1997. City Manager submitting recommendations Karen M. Chesterman, Deputy City Clerk regarding West-Side Industrial Park 1t 8/22 Development Phasing of utilities, presented Council Member Buol moved that the and read. Council Member Krieg moved that requirement that a proposed Ordinance be the communication be received and filed and considered and voted on for passage at two approved recommendation. Seconded by Council Meetings prior to the meeting at which Council Member Robbins. Motion carried 7-0. it is to be finally passed be suspended. Seconded by Council Member Voetberg. Motion carried 7-0. Council Member Buol City Manager recommending approval of moved final consideration and passage of the reduction of speed limit on John F. KennedyOrdinance. Seconded by Council Member Road from 32nd Street north to the City limitsVoetberg. Motion carried 7-0. from 35 miler per hour to 30 miles per hours, presented and read. Council Member BuolCity Manager submitting documents moved that the communication be receivedproviding for bidding process for Re-roofing and filed. Seconded by Council Memberthe Five Flags Center arena, presented and Voetberg. Motion carried 7-0. read. Council Member Michalski moved that the communication be received and filed. An Ordinance Amending Code ofSeconded by Council Member Robbins. Ordinances by revising subsection (c) ofMotion carried 7-0. Section 32-231 providing for the establishment of speed limits on J.F. Kennedy Road fromRESOLUTION NO. 362-97 Sunset Park Circle to City Limits, presented PRELIMINARY APPROVAL OF and read. PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY (OFFICIAL PUBLICATION) COUNCIL OF THE CITY OF DUBUQUE, ORDINANCE NO. 47-97 IOWA: AN ORDINANCE AMENDING THE CODE That the proposed plans, specifications, OF ORDINANCES OF THE CITY OF form of contract and estimated cost for the DUBUQUE, IOWA BY REVISING FIVE FLAGS ARENA ROOF PROJECT, in SUBSECTION (C) OF SECTION 32-231 the estimated amount of $108,000, are hereby THEREOF PROVIDING FOR THE approved and ordered filed in the office of the ESTABLISHMENT OF SPEED LIMITS ON City Clerk, for public inspection. J. F. KENNEDY ROAD Passed, approved and adopted this 18th NOW, THEREFORE, BE IT ORDAINED day of August, 1997. BY THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Karen M. Chesterman Section 1. That the Code of Ordinances of Deputy City Clerk the City of Dubuque, Iowa be amended by Council Member Michalski moved adoption deleting J.F. Kennedy Road from Subsection of the Resolution. Seconded by Council (c) of Section 32-231 thereof as follows: Member Robbins. Motion carried 7-0. “Sec. 32-231. Limits Generally. (c) RESOLUTION NO. 363-97 * * * * FIXING DATE OF HEARING ON THIRTY (30) MILES PER HOURPLANS AND SPECIFICATIONS J.F. Kennedy Road, Sunset Park Circle toWHEREAS, the City Council of the City of Thirty Second StreetDubuque, Iowa has given its preliminary THIRTY-FIVE (35) MILES PER HOURapproval on the proposed plans, J.F. Kennedy Road, Dodge Street (U.S.specifications, and form of contract and Highway 20) to Sunset Park Circle, andplaced same on file in the office of the City Thirty Second Street to City limits.Clerk for public inspection of the FIVE FLAGS Section 2. That the Code of Ordinances ofARENA ROOF PROJECT. the City of Dubuque, Iowa be amended byNOW, THEREFORE, BE IT RESOLVED, adding J.F. Kennedy Road to Subsection (c)BY THE CITY COUNCIL OF THE CITY OF of Section 32-231 thereof as follows:DUBUQUE, IOWA, that on the 15th day of “Sec. 32-231. Limits Generally. September, 1997, a public hearing will be held (c) at 7:00 p.m. in the Public Library Auditorium, * * * * at which time interested persons may appear THIRTY (30) MILES PER HOUR and be heard for or against the proposed J.F. Kennedy Road, Sunset Park Circle to plans and specifications, form of contract and City Limits. cost of said improvement, and the City Clerk THIRTY-FIVE (35) MILES PER HOUR be and is hereby directed to cause a notice of Regular Session, August 18, 1997 time and place of such hearing to beMember Voetberg moved that a Public published in a newspaper having generalHearing be held on the proposed Ordinance circulation in the City of Dubuque, Iowa, whichon the 2nd day of September, 1997 at 7:00 notice shall be not less than four days norp.m. in the Public Library Auditorium and that more than twenty days prior to the day fixed forthe City Clerk publish notice. Seconded by its consideration. At the hearing, anyCouncil Member Michalski. Motion carried 7- interested person may appear and file0. objections to the proposed plans, specifications, contract, or estimated cost ofZoning Advisory Commission advising of the improvement.their approval to rezone property at 1982 Passed, approved and adopted this 18thRockdale Road from C-1 to CS District as day of August, 1997.requested by Robert Willis, presented and Terrance M. Duggan, Mayorread. Council Member Buol moved that the Attest: Karen M. Chestermancommunication be received and filed. Deputy City ClerkSeconded by Council Member Robbins. Council Member Michalski moved adoptionMotion carried 7-0. of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by rezoning property at 1982 Rockdale Road RESOLUTION NO. 364-97from C-1 Neighborhood Commercial District to ORDERING BIDSCS Commercial Service and Wholesale BE IT RESOLVED BY THE COUNCIL OFDistrict, with conditions, presented and read. THE CITY OF DUBUQUE, IOWA:Council Member Buol moved that the That the FIVE FLAGS ARENA ROOFrequirement that a proposed Ordinance be PROJECT is hereby ordered to be advertisedconsidered and voted on for passage at two for bids for construction.Council Meetings prior to the meeting at which BE IT FURTHER RESOLVED, that theit is to be finally passed be suspended. amount of the security to accompany each bidSeconded by Council Member Robbins. shall be in an amount which shall conform toMotion carried 7-0. Council Member Buol the provisions of the notice to bidders herebymoved that a Public Hearing be held on the approved as a part of the plans andproposed Ordinance on the 2nd day of specifications heretofore adopted.September, 1997 at 7:00 p.m. in the Public That the City Clerk is hereby directed toLibrary and direct the City Clerk to publish advertise for bids for the construction of thenotice. Seconded by Council Member improvements herein provided, to be publishedRobbins. Motion carried 7-0. in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shallAt 7:25 p.m. Council Member Voetberg not be less than four days nor more thanmoved that they go into Closed Session — In twenty days prior to the receipt of said bids ataccordance with Chapter 21.5 1.(j) 1997 Code 2:00 p.m. on the 4th day of September, 1997.of Iowa to discuss the purchase of particular Bids shall be opened and read by the Cityreal estate where premature disclosure could Clerk at said time and will be submitted to thebe reasonably expected to increase the price Council for final action at 7:00 p.m. on thethe governmental body would have to pay for 15th day of September, 1997.that property and in accordance with Ch. 21.5 Passed, approved and adopted this 18th1.(c) To discuss strategy with counsel in day of August, 1997.matters where litigation is imminent where its Terrance M. Duggan, Mayordisclosure would be likely to prejudice or Attest: Karen M. Chestermandisadvantage the position of the government Deputy City Clerkbody in this litigation. Seconded by Council Council Member Michalski moved adoptionMember Michalski. Motion carried 7-0. of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. Council reconvened Regular Session at 7:44 p.m. with statement that Staff had been Zoning Advisory Commission advising ofgiven direction. their approval to amend ID District for Clarke College, presented and read. Council MemberThere being no further business, Council Voetberg moved that the communication beMember Voetberg moved to adjourn. received and filed. Seconded by CouncilSeconded by Council Member Michalski. Member Michalski. Motion carried 7-0. Motion carried 7-0. The meeting adjourned at 7:45 p.m. An Ordinance Amending Zoning Map providing for the amendment of Ordinance No.Karen M. Chesterman 8-90A which adopted regulations for theDeputy City Clerk Clarke College Institutional District, presented and read. Council Member Voetberg moved that the requirement that a proposedApproved , 1997 Ordinance be considered and voted on for passage at two Council Meetings prior to theAdopted , 1997 meeting at which it is to be finally passed be suspended. Seconded by Council Member Michalski. Motion carried 7-0. Council Special Session, August 18, 1997 Mayor Council Members Attest: City Clerk