1997 September Council ProceedingsRegular Session, September 2, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, City Council, Tuesday,
September 2, 1997
Council Met at 7:00 p.m., Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, Assistant City Manager Tim
Moerman, Corporation Counsel Barry A.
Lindahl.
Mayor Duggan read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Father Ardel Barta
of St. Patrick's Catholic Church.
PROCLAMATIONS-Sept. 1-7 as "Union
Label Week"; and Sept. 8-14 as "Celebrate
Literacy Week" received by Mary Strom.
NOTICE OF CLAIMS/SUITS -Floyd B.
Bennett, in amount of $1034.00 for vehicle
damages; Robert Ervolino in amount of
$290.23 for vehicle damages; Frank Hardie
Advertising, Inc., in amount of $4980.00 for
erosion damages; Tamra S. Howard in
amount of $1167.24 for vehicle damages;
Albert Reisch in unknown amount for wall
replacement; Robert Schoofs in amount of
$3,404 for property damages, presented and
read. Council Member Voetberg moved that
the claims and suits be moved that the claims
and suits be referred to the Legal Staff for
investigation and report. Seconded by Council
Member Michalski. Motion carried 7-0.
Corporation Counsel recommending denial
of vehicle damage claim of Mark G. Douglas,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved denial.
Seconded by Council Member Michalski.
Motion carried 7-0.
Corporation Counsel recommending
settlement of property damage claim of
Michael Vandermillen in amount of $185.00
and authorize Finance Director to issue check,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved settlement.
Seconded by Council Member Michalski.
Motion carried 7-0.
Gordie Kilgore presented cassette tapes to
Council Members regarding the Floodwall
Dedication in 1973.
MINUTES SUBMITTED - Cable TV
Regulatory Commission of 12-13; Community
Development Advisory Commission of 7-15 &
8-19; Five Flags Commission of 7-21;
Housing Code Appeals Board of 7-15;
Housing Commission of 8-12; Housing
Commission Trust Fund Committee of 8-14;
Human Rights Commission of 6-9, presented
and read. Council Member Voetberg moved
that the minutes be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
Five Flags Civic Center Commission
submitting their year-end report for Fiscal Year
1997, presented and read. Council Member
Voetberg moved that the report be received
and filed. Seconded by Council Member
Michalski. Motion carried 7-0.
Publication of Council Proceedings for
meeting of 8-4, presented and read. Council
Member Voetberg moved that the publication
be received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
Printed Council proceedings for months of
April, May, June, 1997, presented for Council
approval, presented and read. Council
Member Voetberg moved that the proceedings
be approved as printed. Seconded by Council
Member Michalski. Motion carried 7-0.
Corporation Counsel advising following
claims have been administratively closed:
Property damage of Walter McFadden; Crop
damage of Valentine Partnership, presented
and read. Council Member Voetberg moved
that the communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
Cily Manager recommending acceptance of
Sutton Pool Lighting Project, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 365-97
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the SUTTON
POOL LIGHTING PROJECT has been
completed and the City Manager has
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract, plans
and specifications and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa, that the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
to the contractor from the General Fund in
amount equal to the amount of his contract,
Regular Session, September 2, 1997
less any retained percentage provided for
therein.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 366-97
FINAL ESTIMATE
WHEREAS, the contract for the SUTTON
POOL LIGHTING PROJECT has been
completed and the Engineer has submitted his
final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED,
by the City Council of the City of Dubuque,
Iowa:
Section 1. That the cost of said
improvement is hereby determined to be
$36,995 and the said amount shall be paid
from the General Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Rachel Schultz submitting her resignation
from Environmental Stewardship Advisory
Commission, presented and read. Council
Member Voetberg moved that the
communication be received and filed and
accepted with regret. Seconded by Council
Member Michalski. Motion carried 7-0.
warranty deeds from several right-of-way
purchases on Kelly Lane, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 367-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON KELLY
LANE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into
the Acquisition Agreement with The Phillips
Family Trust, dated April 23, 1997, pursuant
to which Virgil Phillips agreed to convey a part
of Lot 2 of 2 of 2 of 2 of McLean Heights in the
City of Dubuque, Iowa, as shown on the
Acquisition Plat thereof; and
Whereas, Virgil Phillips, representing the
Phillips Family Trust has executed a
conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Cily Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from Virgil
Phillips, representing the Phillips Family Trust,
copies of which are attached hereto, as
required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection herewith.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Tom Green et al submitting petition (28
signatures) for residents of 1200, 1300 and
1400 blocks of Lincoln and Rhomberg
regarding mandating stiffer fines and penalties
for habitual repeat offenders of City
Ordinances and Codes, presented and read.
Council Member Voetberg moved that the
petition be referred to the City Manager.
Seconded by Council Member Michalski.
Motion carried 7-0.
City Manager recommending approval of
contract with Dubuque Fighting Saints
Association for use of the Five Flags Center,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved
recommendation. Seconded by Council
Member Michalski. Motion carried 7-0.
Tom Thompson requesting to purchase
Cily properly adjacent to their property on First
Street and Locust Street, presented and read.
Council Member Voetberg moved that the
matter be referred to the City Manager and
Staff. Seconded by Council Member
Michalski. Motion carried 7-0.
Cily Manager recommending acceptance of
RESOLUTION NO. 368-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON KELLY
LANE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into
the Acquisition Agreement with Ronald J.&
Judy A. Rapp, dated May 28, 1997, pursuant
to which Ronald J. and Judy A. Rapp agreed
to convey a part of Lot 1 of 2 of 2 of 2 of
McLean Heights in the City of Dubuque, Iowa,
as shown on the Acquisition Plat thereof; and
Whereas, Ronald J. and Judy A. Rapp
have executed a conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Cily Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Ronald J. and Judy A. Rapp, copies of which
are attached hereto, as required by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
ackmowledge on behalf of the City of Dubuque
any instruments in connection herewith.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Regular Session, September 2, 1997
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 369-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON KELLY
LANE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into
the Acquisition Agreement with Steven R. &
Janis K. Leslein, dated May 3, 1997, pursuant
to which Steven R. & Janis K. Leslein agreed
to convey a part of Lot 1 of 2 of 2 of McLean
Heights in the City of Dubuque, Iowa, as
shown on the Acquisition Plat thereof; and
Whereas, Steven R. & Janis K. Leslein
have executed a conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Cily Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Steven R. & Janis K. Leslein, copies of which
are attached hereto, as required by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection herewith.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 370-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON KELLY
LANE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into
the Acquisition Agreement with Virginia
Kramer, dated April 23, 1997, pursuant to
which Urginia Kramer agreed to convey a part
of Lot 2 of 2 of 1 of 2 of McLean Heights in the
City of Dubuque, Iowa, as shown on the
Acquisition Plat thereof; and
Whereas, Virginia Kramer, has executed a
conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Cily Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Virginia Kramer, copies of which are attached
hereto, as required by Iowa Code Section
569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection herewith.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 371-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON KELLY
LANE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into
the Acquisition Agreement with Gregory J. and
Christina L Franken, dated May 2, 1997,
pursuant to which Gregory J. and Christina L.
Franken agreed to convey a part of Lot 1 of 2
of 1 of 2 of McLean Heights in the City of
Dubuque, Iowa, as shown on the Acquisition
Plat thereof; and
Whereas, Gregory J. and Christina L.
Franken have executed a conveyance of said
property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Cily Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Gregory J. and Christina L. Franken copies of
which are attached hereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection herewith.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending acceptance of
easement for Dodge Street Reconstruction,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 372-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON DODGE
STREET TO THE CITY OF DUBUQUE
Whereas, the State of Iowa entered into a
Partial Acquisition Contract with Mid-American
Energy Company, dated September 23, 1996,
pursuant to which Mid-American Energy
Company agreed to convey a part of City Lots
584, 5858 and 686C in the City of Dubuque,
Iowa, as shown on the Acquisition Plat thereof
recorded as Instrument No. 2826-97 in the
office of the Dubuque County Recorder; and
Whereas, Mid-American Energy Company
has executed a conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Easement for Public
Highway from Mid-American Energy
Company, copies of which are attached
hereto, as required by Iowa Code Section
569.7.
Section 2. The Mayor is hereby authorized
Regular Session, September 2, 1997
and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments
in connection herewith.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending acceptance of
right-of-way at Jones Street Connector &
South Main Street, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 373-97
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON SOUTH
MAIN STREET TO THE CITY OF
DUBUQUE
Whereas, the City of Dubuque entered into
an Acquisition Agreement, dated April 18,
1997, pursuant to which ArCon, Inc. agreed to
convey a part of the West 93 feet of Lot 3 of
the West one-half of Block 10 of Dubuque
Harbor Company's Addition in the City of
Dubuque, Iowa as shown on the Acquisition
Plat thereof recorded as Instrument No. 8648-
97 in the office of the Dubuque County
Recorder; and
Whereas, ArCon, Inc. has executed a
conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Cily Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
ArCon, Inc., copies of which are attached
hereto, as required by Iowa Code Section
569.7.
Section 2. The Mayor is hereby
authorized and directed to execute and
acknowledge on behalf of the City of Dubuque
any instruments in connection herewith.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager recommending approval of
FY'97 Street Finance Report, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 374-97
RESOLUTION APPROVING THE CITY OF
DUBUQUE FISCAL YEAR 1997 STREET
FINANCE REPORT
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Street Finance Report
for the period July 1, 1996 to June 30, 1997
be and the same is hereby approved and that
the City Clerk is hereby authorized and
directed to file said report with the Iowa
Department of Transportation.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager recommending approval of
amended contract for Local AIDS Coalition
Program, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 375-97
A RESOLUTION AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SIGN
AN AMENDED CONTRACT WITH THE
IOWA DEPARTMENT OF PUBLIC HEALTH
FOR FUNDING A LOCAL AIDS COALITION
PROGRAM AND EXECUTE CONTRACTS
FOR EDUCATIONAL CONSULTING
SERVICES
Whereas, the Iowa Department of Public
Health has offered to provide financial support
for local AIDS Programs in the City of
Dubuque; and
Whereas, the City of Dubuque desires to
establish and maintain such local AIDS
Programs; and
Whereas, the Iowa Department of Public
Health has presented the City Health Services
Department a proposed contract for additional
funding, a copy of which is attached hereto.
Whereas, the City of Dubuque wishes to
contrail with Jane Petersen and Sue Riedel to
provide HIV/AIDS prevention education
activities to the community.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Seilion 1. That the City of Dubuque, Iowa,
hereby approves the attached AIDS coalition
contract amendment between the Iowa
Department of Public Health and the City of
Dubuque, Iowa.
Seilion 2. That the City of Dubuque, Iowa,
hereby approves the attached contracts
between Sue Riedel and the City of Dubuque,
Iowa and Jane Petersen and the City of
Dubuque, Iowa.
Section 3. That the City Manager or his
designee is hereby authorized and directed to
execute said contracts on behalf of the City of
Dubuque, Iowa.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Regular Session, September 2, 1997
City Manager submitting letters of support
for "Building Bridges for Empowering
Leadership for Community Diversity',
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager submitting department
managers' input for NLC's request for Policy
Input for development of future legislative
policies, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 376-97
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
NEW
Freddy's King of Clubs
King of Clubs Inc. 1902 Central Ave
Whiskey River Chad Strefff
1064 University Ave
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 377-97
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Beer Permit.
CLASS'C' BEER PERMITS
The Monday Co. Casey's General Store
+ (Sunday Sale) 4003 Peru Rd
Rainbo Oil Co. Kwik Stop Food Mart
+ (Sunday Sale) 2255 Kerper Blvd
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 378-97
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Liquor License.
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Eagle Point Associates, Inc. Tollbridge Inn
+ (Sunday Sale) 2800 Rhomberg
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants interested in serving on the
following Boards and Commissions were
invited to address the Council expressing their
desire to serve.
AIRPORT COMMISSION
Applicants: Tom Baldwin, David Hartman,
Jeffrey Paar, Terrance Stanton, James
Wachtel. Tom Baldwin spoke.
CABLE REGULATORY COMMISSION
Applicant: Charlie Ellis. No one spoke.
CABLE TELEPROGRAMMING
COMMISSION
Applicants: Anthony Allen, Russell Nash,
Jennifer Tigges, Karma Wanamaker. No one
spoke.
HUMAN RIGHTS COMMISSION
Applicants: Anthony R. Allen, Kathy Blau.
Kathy Blau spoke.
INVESTMENT OVERSIGHT ADVISORY
COMMISSION
Applicants: Paul Lassance, Hiram
Melendez. No one spoke.
BOARDS AND COMMISSIONS
APPOINTMENTS:
HISTORIC PRESERVATION
COMMISSION:
OLD MAIN STREET DISTRICT Applicant:
Duaine Greenfield.
Council Member Voetberg moved that
Duaine Greenfield be reappointed to a term
expiring 7-1-99. Seconded by Council
Member Nicholson. Motion carried 7-0.
AT LARGE Applicants: James A. Lehner,
Dan Plisek. Vote on the appointment was as
follows: Mayor Duggan voted for Plisek.
Council Member Buol voted for Plisek.
Council Member Krieg voted for Plisek.
Council Member Michalski voted for Plisek.
Council Member Nicholson voted for Plisek.
Council Member Robbins voted for Plisek.
Council Member Voetberg voted for Plisek.
Therefore, Dan Plisek was reappointed to a
term expiring 7-1-2000.
TRANSIT BOARD OF TRUSTEES:
Regular Session, September 2, 1997
Applicant: Harry J. Bemis. Council Member
Voetberg moved that Harry J. Bemis be
reappointed to a term which will expire July 30,
2000. Seconded by Council Member
Nicholson. Motion carried 7-0.
Council Member Voetberg moved that the
rules be suspended to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Robbins.
Motion carried 6-0. Absent-Council Member
Michalski.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
amend regulations for the Clarke College
Institutional District, presented and read.
Sr. Catherine Dunne, President of Clarke
College and Carolyn Merrill spoke outlining
Clarke's proposed expansion.
An Ordinance Amending Ordinance No. 8-
90A, which adopted regulations for the Clarke
College Institutional District, first & second
readings given on 8-18-97, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 48-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, PROVIDING FOR THE
AMENDMENT OF ORDINANCE 8-90A,
WHICH ADOPTED REGULATIONS FOR
THE CLARKE COLLEGE INSTITUTIONAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the Dubuque Code of
Ordinances and Ordinance 8-90A be
amended by adopting a revised conceptual
development plan, a copy of which is attached
to and made a part hereof, to wit:
Lot 2 of Lot 1 of Lot 1; Lot 1 of Lot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 2; Lot 2 of Lot 1 of
Lot 1 of Lot 2 Lot 2 of Lot 1 of Lot 1 of Lot
1 of Lot 2; Lot 2 of Lot 2; Lot 2 of Lot 2 of
Lot 1 of Lot 2; Lot 1 of Lot 2 of Lot 1 of Lot
2, all of Clarke College Place; Lot 1 of Lot
2 of Mineral Lot 198 and Lot 1 of Lot 3 of
Lot 2 of Mineral Lot 191, that portion of Lot
2 of Lot 1 of Lot 1 of "Clarke College Place"
bounded as follows: on the East by the
Westerfy line of Lots 4 and 5 of Block 10 of
"Clarke Crest Estates"; on the North by the
Southerly lines of Lots 5, 6, 7, 8, 9 and 10
of Block 9 of "Clarke Crest Estates"; on the
West by the Easterly line of Lots 11, 12,
13, 14, 15, 16, and 17 of said Block 9; and
on the South by the Westerly extensions of
the Southerly line of Lots 5, 6, 7, 8 and 9 of
said Block 10, said Westerly extension
being that line represented and identified
as the Northerly line of Clarke College ID
(Institutional District) according to the
OFfcial Zoning Map of the City of Dubuque,
Iowa, adopted by Ordinance No. 13-86 on
March 18, 1985, on file in the records of
said City of Dubuque, Iowa; and that
portion of Lot 1 of Lot 3 of Lot 2 of Mineral
Lot 191, together with that portion of Lot 1
of Lot 2 of Mineral Lot 198, bounded as
follows: on the South by the Northerly line
of Clarke Drive; on the East by the
Westerly line of Clarke Crest Drive; on the
North by the Southerly line of Lots 5, 6, 7,
8 and 9 of Block 10 of "Clarke Crest
Estates"; and on the West by that line
represented and identified as the Easterly
line of Clarke College ID (Institutional
District) located North of said Clarke Drive,
according to the Official Zoning Map of the
City of Dubuque, Iowa, adopted by
Ordinance No. 13-86, on March 18, 1985,
and subsequent amendments, on file in the
records of said City of Dubuque, Iowa; and
to the center line of the adjoining public
right-of-way, all in the City of Dubuque,
Iowa.
Section 2. That pursuant to Iowa Code
Section 414.5(1993), and as an express
condition of amending the Clarke College
Institutional District, the undersigned property
owner(s) agree(s) to the following conditions,
all of which the property owner(s) further
agree(s) are reasonable and imposed to
satisfy the public needs that are caused
directly by the zoning reclassification:
A. Use Regulations.
The following regulations shall apply to all
uses made of land in the above described
ID Institutional District:
1)Principal permitted uses shall be limited to
a) Colleges and universities. [46]
b) Offices for administrative personnel or
other institutional employees and affiliates.
[14]
c) Churches [7], libraries, and museums. [13]
d) Classrooms, laboratories, lecture halls, and
similar places of institutional assembly.
[46]
e) Off-street parking and loading. [NA]
f) Recreational or athletic facilities for the
primary use and benefit of institutional
residents or affiliates. [9]
g) Single-family, two-family [11] or multi-family
dwellings for the housing of institutional
residents or affiliates. [9]
2) Accessory uses. The following uses shall
be permitted as accessory uses in the
above described ID Institutional District:
a) Located entirely within a principal building,
bookstores or bars seating not more than
seventy-five (76) persons at one time and
located not closer than two hundred feet
(200') from the nearest Residential or
Office Residential District.
b) All uses customarily incidental to the
principal permitted uses in conjunction with
which such accessory uses operated or
maintained, but not to include commercial
uses outside the principal building.
3) No conditional uses shall be allowed.
B. Lot and Bulk Regulations.
Development of land in the ID Institutional
District shall be regulated as follows:
1) All building structures and activities shall
be located in conformance with the
attached conceptual development plan and
all final site development plans are to be
Regular Session, September 2, 1997
approved in accordance with provisions of
the ID Institutional District regulations.
C. Pertormance Standards.
The development and maintenance of uses
in this ID Institutional District shall be
established in conformance with Section 3-
5.2 of the Zoning Ordinance and the
following standards:
1) The following list of projects are specifically
approved by adoption of this ordinance,
subject to final site development plan
approval:
a) Student Activities and Services Addition:
An in-fill structure will be placed between
the Kehl Center and Mary Francis Hall to
house Student Activities. The west wing of
the Ground Floor will be renovated to
include offices for Health, Counseling, and
Career Services. This wing will connect
directly with the in-fill structure by means of
a stairwell and a new elevator which will be
located in Mary Francis Hall to allow
accessibility to all levels of the building.
In addition to interior space, the campus
exterior "plaza" between the Kehl Center
and the Atrium requires attention. New
lighting, paving, singe, landscaping and
exterior furniture will be added to
encourage outdoor activity as well.
b) New Apartment-style Housing: Apartment
units, housing a total of 100 students, will
be located on the western edge of the
campus, on the site where Clarke Drive
intersects with West Locust. The building
will be free-standing, three stories high,
facing towards the center of campus.
c) Renovation of Mary Josita and Mary Ben
Halls: These two residence halls will be
renovated to accommodate double rooms,
regular single rooms, and singles with
bathrooms. The basic configuration for
these spaces already exists within the two
residence halls. The renovation, therefore,
will focus on upgrading furniture, finishes
and support spaces (such as bathrooms)
in both buildings.
A campus "gateway' to signify the entrance
to the college from the west will be located
outside, adjacent to Mary Benedict Hall. In
addition, pedestrian scale lighting will be
provided along the sidewalk on both sides
of Clarke Drive, from the "gateway' to the
campus "plaza".
d) Renovation of Catherine Byrne Hall and
Addition: Catherine Byrne Hall will be
renovated to accommodate the appropriate
sizes and types of instructional (classroom)
spaces needed for the future growth of
Clarke College. Anew 16,000 square foot
addition to Catherine Byrne Hall will be
located on the southeast corner of the
building, attached by an enclosed corridor.
This addition will house 65 faculty offices
and support spaces for them.
A campus "gateway' to signify the entrance
to the college from the east will be located
outside, adjacent to Catherine Byrne Hall.
In addition, pedestrian scale lighting will be
provided along the sidewalk on both sides
of Clarke Drive, from the "gateway' to the
campus "plaza".
2) Lighting shall be provided per City
standards.
3) Landscaping shall be provided in
compliance with Section 4.4 of the Zoning
Ordinance and as stipulated in the
conceptual development plan.
4) All utilities including telephone and cable
television shall be installed underground.
5) No grading, excavating, or other land
disturbing activity may occur before
approval is granted for final subdivision
plats and improvement plans, and/or a final
site development plan.
6) Final site development plans shall be
submitted in accordance with Section 4-4
of the Zoning Ordinance.
D. Parking Requirements
1) The off-street parking requirement for the
principal permitted uses for the herein
described ID Institutional District shall be
designated by a bracket enclosed number
next to the use, as herein described:
[ 9] 1.5 spaces for each dwelling unit.
[11 ]Two spaces for each dwelling unit.
[14] One space for each four hundred square
feet devoted to office use or one space for
each employee on the maximum shift,
whichever is greater.
[ 7] One space for each four permanent seats.
[13] One space for each five hundred square
feet of floor area accessible to the general
public.
[45] Dormitories -one space for each bed.
Gymnasiums - one space for each six
permanent seats.
Employees-.75 spaces for each employee on
the maximum shift.
E. Open Space and Recreational Areas
Those areas not designated on the
conceptual development plan for
development shall be maintained as open
space, as defined by Section 8 of the
Zoning Ordinance by the property owner
and/or association.
F. Sian Regulations.
The sign regulations shall be the same as
that which are allowed in the ID Institutional
District as established in Section 4-3.11 of
the Zoning Ordinance.
G. Additional Standards.
1) The conceptual development plan shall be
valid provided final site development plans
are submitted.
2) That all previously approved conceptual
development plans are hereby amended to
allow for the attached conceptual
development plan.
H. Transfer of Ownership
Transfer of ownership or lease of property
in this ID Institutional District shall include
in the transfer or lease agreement a
provision that the purchaser or lessee
acknowledges awareness of the conditions
authorizing the establishment of the district.
I. Modifications.
Any modifications of this Ordinance must
be approved by the City Council in
accordance with zoning reclassification
proceedings of Section 6 of the Zoning
Ordinance.
J. Recording.
Regular Session, September 2, 1997
A copy of this ordinance shall be recorded
at the expense of the property owner(s)
with the Dubuque County Recorder as a
permanent record of the conditions
accepted as part of this reclassification
approval within thirty (30) days of the
adoption of this ordinance. This ordinance
shall be binding upon the undersigned and
all his/her heirs, successors and
assignees.
Section 3. That the foregoing amendment
has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 4. That the foregoing amendment
shall take effect upon publication, as provided
by law.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 48-97
I, Catherine Dunne, representing Clarke
College, having read the terms and conditions
of the foregoing Ordinance No. 48-97 and
being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 28th day of
August, 1997.
By /s/Catherine Dunne, President
Clarke College
Published officially in the Telegraph Herald
newspaper this 8th day of September, 1997.
1t 9/8 Mary A. Davis CMC, City Clerk
Council Member Voetberg moved final
consideration and passage of the Ordinance.
Seconded by Council Member Nicholson.
Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
reclassify property at 1982 Rockdale Road
from C-1 to CS District, (Robert Willis),
presented and read.
An Ordinance Amending Zoning Map by
reclassifying property at 1982 Rockdale Road
from G1 Neighborhood Commercial District to
CS Commercial Service and Wholesale
District, with conditions, first & second
readings given 8-18-97, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 49-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT
1982 ROCKDALE ROAD FROM C-1
NEIGHBORHOOD COMMERCIAL
DISTRICT TO CS COMMERCIAL SERVICE
AND WHOLESALE DISTRICT, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by
reclassifying the hereinafter described
property from C-1 Neighborhood Commercial
District to CS Commercial Service and
Wholesale District, with conditions, to wit:
An area seventy (70) feet north and seventy
(70) feet east of the southwest corner of Lot 2
of Lot 1 of Lot 7 of Mineral Lot 501 and Lot 2
of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot
7 of Mineral Lot 507, and to the center line of
the adjoining public right-of-way, all in the City
of Dubuque, Iowa (see Exhibit A).
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by
law.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(1993), and as an express condition of
rezoning of the property described as:
An area seventy (70) feet north and seventy
(70) feet east of the southwest corner of Lot 2
of Lot 1 of Lot 7 of Mineral Lot 501 and Lot 2
of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot
7 of Mineral Lot 507, and to the center line of
the adjoining public right-of-way, all in the City
of Dubuque, Iowa (see Exhibit A).
which is the subject of Ordinance No. 49-97,
a copy of which is attached hereto and
incorporated herein by reference, the
undersigned property owner, agrees to the
following conditions, all of which the property
owner further agrees are reasonable and are
imposed to satisfy public needs which are
caused directly by the rezoning:
A) Pertormance Standards
1) That the property owner will obtain a
survey to split the residential property from the
commercial use.
2) That the property owner will acquire
public right-of-way on Rockdale Road from the
City of Dubuque where the building
encroaches onto this right-of-way.
3) That the property owner will comply
with all City building codes.
B) Reclassifcation of the Subject Prooertv.
The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the C-1
Neighborhood Commercial District (which
rezoning will include the removal of the
pertormance standards) if the property owner
fails to complete any of the conditions or
provisions of this Agreement.
C) Modifcations. Any modifications of this
Agreement shall be considered a zoning
reclassification and shall be subject to the
provisions of the Zoning Ordinance governing
zoning reclassifications. All such
modifications must be approved by the City
Regular Session, September 2, 1997
Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement
shall be recorded with the Dubuque County
Recorder, at the expense of the property
owner, as a permanent record of the
conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of
Ordinance No. 49-97.
E) Construction. This Agreement shall be
construed and interpreted as though it were
part of Appendix A of the Code of Ordinances
of the City of Dubuque, also known as the
Zoning Ordinance of the City of Dubuque,
Iowa.
F) This Agreement shall be binding upon
the undersigned and his/her heirs, successors
and assignees.
ACCEPTANCE OF ORDINANCE NO. 49-
97
I, Robert A. Willis, property owner, having
read the terms and conditions of the foregoing
Ordinance No. 49-97 and being familiar with
the conditions thereof, hereby accept this
same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 29th day of
August, 1997.
By /s/Robert A. Willis
Published officially in the Telegraph Herald
newspaper this 8th day of September, 1997.
1t 9/8 Mary A. Davis CMC, City Clerk
Council Member Robbins moved final
consideration and passage of the Ordinance.
Seconded by Council Member Nicholson.
Motion carried 7-0.
City Manager recommending approval to
develop the 18 hole Disc Golf Course at
Veterans' Memorial Park, presented and read.
Council Member Buol moved that the
communication be received and filed and
approved. Seconded by Council Member
Nicholson. Motion carried 7-0.
City Manager submitting ordinances
providing for through streets, stop signs and
deleting a yield sign, presented and read.
Council Member Buol moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
ROAD AND RADFORD ROAD TO
SUBSECTION (b) OF SECTION 32-213
THEREOF PROVIDING FOR THE
DESIGNATION OF THROUGH STREETS
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended by
adding Kelly Lane, Old Mill Road, Rockdale
Road and Radford Road to Subsection (b) of
Section 32-213 thereof as follows:
"Sea 32-213 Through Streets.
(b)
Kelly Lane, from the east property line of
Manson Road to the east property line of
Fremont Avenue.
Old Mill Road, from the west property line
of Rockdale Road to the east property line
of Manson Road.
Rockdale Road, from the west property line
of the U.S. 61 west ramp to the north
properly line of Maquoketa Drive.
Radford Road, from the north property line
of Chavenelle Road to the south property
line of Pennsylvania Avenue, and from the
north property line of Pennsylvania Avenue
to its northerly terminus at the city limits.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 9th day of September, 1997.
1t 9/9 Mary A. Davis CMC, City Clerk
Council Member Buol moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Michalski.
Motion carried 7-0. Council Member Buol
moved final consideration and passage of the
Ordinance. Seconded by Council Member
Michalski. Motion carried 7-0.
An Ordinance Amending Code of
Ordinances by adding stop sign at intersection
of Miller Road and Manson Road, presented
and read.
An Ordinance Amending Code of
Ordinances by designating Kelly Lane, Old
Mill Road, Rockdale Road and Radford Road
to subsection (b) of Sec. 32-213 providing for
through streets, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 50-97
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY ADDING KELLY
LANE, OLD MILL ROAD, ROCKDALE
(OFFICIAL PUBLICATION)
ORDINANCE NO. 51-97
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY MODIFYING
SUBSECTION (b) OF SECTION 32-214
THEREOF BY DELETING VARIOUS STOP
SIGNS ALONG KELLY LANE, ROCKDALE
ROAD, AND RADFORD ROAD AND
ADDING A STOP SIGN AT THE
INTERSECTION OF MILLER ROAD AND
MANSON ROAD
Regular Session, September 2, 1997
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of
the City of Dubuque, Iowa be amended by
deleting the following intersections from
Subsection (b) of Section 32-214 thereof as
follows:
"Sea 32-214. Stoo Intersections.
(b)
NORTHBOUND
Bellevue Road and Rockdale Road
Manson Road and Miller Road
Marjo Quarry Road and Rockdale Road
SOUTHBOUND
Old Mill Road and Rockdale Road
Steward Street and Rockdale Road
EASTBOUND
Miller Road and Kelly Lane
Wolff Road and Radford Road
WESTBOUND
Camelot Drive and Radford Road
Red Violet Drive and Radford Road
Section 2. That the Code of Ordinances of
the City of Dubuque, Iowa be amended by
adding Miller Road to Subsection (b) of
Section 32-214 thereof as follows:
"Sea 32-214. Stoo Intersections.
EASTBOUND
Miller Road and Manson Road
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 9th day of September, 1997.
1t 9/9 Mary A. Davis CMC, City Clerk
Council Member Buol moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
Seconded by Council Member Michalski.
Motion carried 7-0. Council Member Buol
moved final consideration and passage of the
Ordinance. Seconded by Council Member
Michalski. Motion carried 7-0.
An Ordinance Amending Code of
Ordinances by deleting yield sign at
intersection of Miller Road and Kelly Lane,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 52-97
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY MODIFYING
SUBSECTION (b) OF SECTION 32-216
THEREOF DELETING A YIELD SIGN AT
THE INTERSECTION OF MILLER ROAD
AND KELLY LANE
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE:
Section 1. That the Code of Ordinances of
the City of Dubuque, Iowa be amended by
deleting Miller Road from Subsection (b) of
Section 32-216 thereof as follows:
"Sec. 32-216. Vield Intersections.
(b)
(2) Southbound Vehicles
Miller Road and Kelly Lane
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph Herald
newspaper this 9th day of September, 1997.
1t 9/9 Mary A. Davis CMC, City Clerk
Council Member Buol moved that the
requirement that the proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which
they are to be finally passed be suspended.
Seconded by Council Member Michalski.
Motion carried 7-0. Council Member Buol
moved final consideration and passage of the
Ordinance. Seconded by Council Member
Michalski. Motion carried 7-0.
Long Range Planning Advisory
Commission presenting a short video tape
introducing the Dubuque Comprehensive Plan
and supporting documents, presented and
read.
Anna O'Shea, Chair of the Long Range
Planning Commission, and Commission
Members Gordon Mills, Mary Lynn
Neumeister, and Dave Rusk spoke giving an
overview of the Plan.
Council Member Michalski moved that this
be received and filed. Seconded by Council
Member Voetberg. Motion carried 7-0.
Petition of Kenneth and Janet Bergfeld
requesting annexation of approximately 151
acres of land they own on the City's West side
and City Manager recommending approval of
request to annex and recommending to set
public hearing for this annexation for
September 15, 1997, presented and read.
Council Member Michalski moved that the
petition and communication be received and
filed and hearing set for 9-16-97 at 7:00 p.m.
in the Public Library Auditorium and that the
City Clerk publish notice int he manner
prescribed by law. Seconded by Council
Member Nicholson. Motion carried 7-0.
Cily Manager recommending to dispose of
city-owned property located at 1353 Bluff St.,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
Regular Session, September 2, 1997
RESOLUTION NO. 379-97
RESOLUTION OF INTENTION TO DISPOSE
OF CITY-OWNED PROPERTY,
SPECIFICALLY, SOUTH 1/2 OF LOT 769a
IN MCDANIEL'S SUBDIVISION OF TOWN
LOTS IN THE CITY OF DUBUQUE,
COUNTY OF DUBUQUE, IOWA,
ACCORDING TO THE RECORDED PLAT
THEREOF, ALSO KNOWN AS 1353 BLUFF
STREET
Whereas, the City of Dubuque purchased
certain real estate from Dubuque County; and
Whereas, bids have been received from
members of the general public in response to
a solicitation to purchase.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the
following legally-described property:
South 12 of Lot 769a in McDaniel's
Subdivision of Town Lots in the City of
Dubuque, County of Dubuque, Iowa,
according to the recorded plat thereof.
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the above
described real estate to Steven J. Gudenkauf
for the sum of Two Thousand Five Hundred
Dollars ($2,500).
Section 3. That the City Council meet in
the Carnegie Stout Public Library Auditorium,
11th and Bluff Streets, Dubuque, Iowa, at 7:00
p.m. on the 15th of September, 1997, for the
purpose of holding a public hearing and taking
final action on the disposition of the above
described real estate in the City of Dubuque,
Iowa.
Section 4. That the City Clerk be and she
is hereby authorized and directed to cause a
notice of such public hearing and the City
Council's intent to dispose of such property to
be published as prescribed under Iowa Code
Section 364.7.
Passed, approved and adopted this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
City Manager submitting documents
providing for bidding process for construction
of 17th Street and White Street Traffic
Signals, presented and read. Council Member
Michalski moved that the communication be
received and filed. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 380-97
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
White Street at 17th Street Traffic Signal
Installation, in the estimated amount of
$53,708.10, are hereby approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 381-97
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the White Street
at 17th Street Traffic Signal Installation.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 6th day of October, 1997, a
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twenty
days pnorto the day fixed for its consideration.
At the hearing, any interested person may
appear and file objections to the proposed
plans, specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 382-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the White Street at 17th Street Traffic
Signal Installation is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
Regular Session, September 2, 1997
amount of the security to accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more than
twenty days prior to the receipt of said bids at
2:00 p.m. on the 25th day of September,
1997. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the Council for final action at 7:00 p.m. on the
6th day of October, 1997.
Passed, adopted and approved this 2nd
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0.
Rhodes (Bud) Isenhart spoke giving
specifics of the proposed tax levy regarding
the school system.
There being no further business, Council
Member Krieg moved to adjourn. Seconded
by Council Member Michalski. Motion carried
7-0. The meeting adjourned at 8:20 p.m.
Mary A. Davis CMC
City Clerk
Approved .1997
Adopted 1997
Mayor
Attest:
Council Members
City Clerk
Regular Session, September 15, 1997
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, September
15, 1997
Council Met at 7:00 p.m., Public Library
Auditorium
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and stated this
is the Regular Session of the City Council
called for the purpose to act upon such
business which may properly come before the
Council.
Invocation was given by Pastor Jamie
Cutler of Rockdale & Center Grove United
Methodist Church.
PROCLAMATIONS: Sept. 20 as "End Of
The Summer Bash '97' Day" received by
Andrea Shickles-Shireman and Carole
Dunlap; Supporting exchange between Iowa
and Hebei Province in North China received
by Dick Landis; and Oct. 5 as "CROP Walk
Day in Dubuque' received by Sister Jordan
Dahm.
the City, presented and read. Council
Member Voetberg moved that the proof be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
NOTICES OF CLAIMS/SUITS -John
Abitz vs. City et al in unknown amount for
personal and vehicle damages; Andrew
Fondell in the amount of $98.50 for personal
injuries; Attorney Joseph J. Bitter on behalf of
Ferdinand A. Nesler, IV, in amount of
$150,000 for personal injuries; Mary Ransdell
in the amount of $3,346.93 for water damages
to her home: Jeffrey Robbins in amount of
$44.22 for vehicle damages, presented and
read. Council Member Voetberg moved that
the claims and suits be referred to the Legal
Staff for investigation and report. Seconded
by Council Member Michalski. Motion carried
7-0.
Corporation Counsel advising following
claims have been referred to Portzen
Construction for handling: Property damage of
Kay Manternach; Property damage of Paul
Stabenow, presented and read. Council
Member Voetberg moved that the
communications be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
Corporation Counsel advising the property
damage claim of Albert Reisch has been
referred to Sproule Construction for handling,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
MINUTES SUBMITTED-Airport
Commission of 7-15 & 8-6; Historic
Preservation Commission of 7-24 Park &
Recreation Commission of 8-12; Public
Library Trustees of 7-24; Transit Trustee
Board of 8-14; Zoning Advisory Commission
of 9-3; Zoning Board of Adjustment of 8-28,
presented and read. Council Member
Voetberg moved that the minutes be received
and filed. Seconded by Council Member
Michalski. Motion carried 7-0.
Proof of Publication on publishing Official
Council Proceedings for meeting of 8-18,
presented and read. Council Member
Voetberg moved that the proof be received
and filed. Seconded by Council Member
Michalski. Motion carried 7-0.
Proofs of Publication on Notice of
publishing List of Claims and Summary of
Revenue's for months ending June, 1997 and
July, 1997, presented and read. Council
Member Voetberg moved that the proofs be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
Proof of Publication on Notice of Filing of
the Final Schedule of Assessments against
Benefited Properties for the Construction of
Asbury Road Reconstruction Project within
Corporation Counsel recommending
settlement of vehicle damage claim of Robert
A. Ervolino in the amount of $290.23 and
authorize Finance Director to issue check,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and approved settlement.
Seconded by Council Member Michalski.
Motion carried 7-0.
Corporation Counsel advising following
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
Assurance Pool: Vehicle damage of Floyd. B.
Bennett; Property damage of Frank Hardie
Advertising; Vehicle damage of Tamra
Howard; Property damage of Robert Schoofs,
presented and read. Council Member
Voetberg moved that the communications be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
September 4, 1997
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the
1997 Code of Iowa, the Civil Service
Commission conducted a written examination
on August 11, 1997 for the position of
Cashier.
We hereby certify that the following
Regular Session, September 15, 1997
individuals have passed this written
examination and vacancy for this position
should be made from this list.
CASHIER
Jeannette Raby Lisa Klein
Brenda Gerhard Lucy Ward
Janine Rauscher Paula Evers
Brenda Ries Sandra Arensdort
William Weick Teresa Behnke
Linda Neuman Kerry Greibe
Joan Lagen Dawn Canavan
Christina M. Flesch Pamela Mickelson
Carol Stecher Cheryl L. Ahlrichs
Marilyn Nauman Gail Kuhle
Maureen Kleiner Jill Albrecht
Susan Kearns Kris Ahmann
Juliann Roth Rosemary Schreiber
Diana Smith Paula Sullivan
Diana Wels Barbara Kueper
Susan Kloft Mary Fischer-Wright
Kim Paisley John G. Miller
Lisa Miles Dianne Engling
Janice Esser Jill Link
Lynn Gorman
Respectfully submitted,
Merle J. Duehr, Jr., Chairperson
Thomas E. Rawson
Loras J. Kluesner
Civil Service Commission
Council Member Voetberg moved that the
above Civil Service certification be made a
matter of record. Seconded by Council
Member Michalski. Motion carried 7-0.
Ernie Madison requesting to purchase
property adjacent to their property at the
intersection of Toledo Street and Drexel
Avenue, presented and read. Council Member
Voetberg moved that the matter be referred to
the City Manager and staff. Seconded by
Council Member Michalski. Motion carried 7-
0.
Kenneth A. & Blanche L. Johnson
requesting vacation of public right of way
which abuts property of 1852 Carter Road,
presented and read. Council Member
Voetberg moved that the matter be referred to
the City Manager and staff. Seconded by
Council Member Michalski. Motion carried 7-
0.
State Historical Society of Iowa advising
that St. Luke's Methodist Episcopal Church
has been deferred from nomination to the
National Register of Historic Places,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
Copy of communication sent by Sisters of
St. Francis to Environmental Stewardship
Advisory Commission advising of their intent
to pilot deer harvesting project on their farm,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending approval of an
ISTEA grant application for design,
engineering and construction cost for the
restoration of the Hodgdon Street and
CatherineNVest Locust Street steps,
presented and read. Council Member
Voetberg moved adoption of the Resolution.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 383-97
APPLICATION FOR STATEWIDE
ENHANCEMENT FUNDING TO THE IOWA
DEPARTMENT OF TRANSPORTATION
Whereas, the Iowa Department of
Transportation has available Statewide
Transportation Enhancement funds; and
Whereas, the rehabilitation and operation of
historic transportation buildings, structures or
facilities and facilities for pedestrians and
bicycles are eligible activities for enhancement
funding; and
Whereas, the City has an adopted Heritage
Trail Master Plan and an adopted
Comprehensive Plan that include a trail
system with neighborhood linkages along
West Locust Street and throughout the city of
Dubuque and Dubuque County.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is authorized to
sign and submit this application to the Iowa
Department of Transportation for Statewide
Transportation Enhancement Funds for the
Hodgdon Street and Catherine StreetNVest
Locust Street steps restoration project.
Section 2. That the City Council authorizes
the City Manager to utilize budgeted Capital
Improvement Program funds to provide the
thirty percent dollar match required by this
program should the application be approved
by the Iowa Department of Transportation.
Section 3. That in the event said application
is approved, the City Council hereby provides
its written assurance that the completed
project will be adequately maintained for its
intended public use for a minimum of twenty
(20) years following project completion.
Section 4. That the City of Dubuque agrees
to abide by all local, state and federal
requirements applicable to the proposed
projects.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending approval of an
ISTEA grant application for the Northern
Levee Path, a section of the Dubuque
Heritage Trail, presented and read.
RESOLUTION NO. 384-97
APPLICATION FOR STATEWIDE
ENHANCEMENT FUNDING TO THE IOWA
DEPARTMENT OF TRANSPORTATION
Whereas, the Iowa Department of
Transportation has available Statewide
Regular Session, September 15, 1997
Transportation Enhancement funds for the
development of pedestrian and bicycle
facilities; and
Whereas, the City has adopted the
Dubuque Heritage Trail Master Plan which
outlines the importance of widening the
northern levee path for safely and accessibility
reasons.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized to sign and submit this application
to the Iowa Department of Transportation for
Statewide Transportation Enhancement Funds
for construction of an expanded northern levee
path.
Section 2. That the City Council
authorizes the City Manager to utilize
budgeted Capital Improvement Program funds
to provide the financial match required by the
program should the application be approved
by the Iowa Department of Transportation.
Section 3. That in the event said
application is approved, the City Council
hereby provides its written assurance that the
completed project will be adequately
maintained for its intended public use for a
minimum of twenty (20) years following project
completion.
Section 4. That the City of Dubuque
agrees to abide by all local, state and federal
requirements applicable to the proposed
projects.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending approval of an
ISTEA grant application for the River's Edge
Plaza, a section of the Mississippi Riverwalk,
presented and read.
RESOLUTION NO. 385-97
APPLICATION FOR STATEWIDE
ENHANCEMENT FUNDING TO THE IOWA
DEPARTMENT OF
TRANSPORTATION
WHEREAS, the Iowa Department of
Transportation has available Statewide
Transportation Enhancement funds for scenic
and natural resource beautification;
WHEREAS, the City has adopted the 1994
Rivertront Plan with goals for a Mississippi
Riverwalk and a River's Edge Plaza;
WHEREAS, the City Council has approved
plans for the River's Edge Plaza.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized to sign and submit this application
to the Iowa Department of Transportation for
Statewide Transportation Enhancement Funds
for construction of the River's Edge Plaza.
Section 2. That the City Council authorizes
the City manager to utilize budgeted Capital
Improvement Program funds to provide the
financial match required by the program
should the application be approved by the
Iowa Department of Transportation.
Section 3. That in the event said
application is approved, the City Council
hereby provides its written assurance that the
completed project will be adequately
maintained for its intended public use for a
minimum of twenty (20) years following project
completion.
Section 4. That the City of Dubuque
agrees to abide by all local, state, and federal
requirements applicable to the proposed
projects.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Zoning Advisory Commission advising of
their approval of plat of 1050 Richards Road
(Henschel's Addition) (Tim Hodge & Connie
Bandy), presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 386-97
RESOLUTION APPROVING THE SURVEY
PLAT OF LOT 1 of 2, AND LOT 2 OF 2
BLOCK 3, HENSCHEL'S ADDITION, IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a Survey Plat of Lot 1 of 2, and Lot 2 of
2 Block 3, Henschel's Addition, in the City of
Dubuque, Iowa; and
Whereas, said plat provides no frontage for
Lot 2 of 2 where 60 feet is required by Section
3-1.1 (F) of the Zoning Ordinance; and
Whereas, said plat has been examined by
the Zoning Advisory Commission and has its
approval endorsed thereon; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and ordinances
relating thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 3-1.1 (F) of the
Zoning Ordinance is waived to allow Lot 2 of 2
of Block 3, Henschel's Addition to have 0 feet
of frontage, where 60 feet of frontage is
required.
Section 2. That the survey plat of Lot 1 of
2 and Lot 2 of 2 of Block 3, Henschel's
Addition, in the City of Dubuque, Iowa is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa,
upon said final plat.
Section 3. That in the event the owners
shall fail to execute the acceptance within 180
days after the date of this resolution, the
provisions hereof shall be null and void and
the acceptance and approval of the plat shall
not be effective.
Regular Session, September 15, 1997
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
ACCEPTANCE OF
RESOLUTION NO. 386-97
We, the undersigned, Tim W. Hodge and
Connie M. Bandy, having read the terms and
conditions of the Resolution No. 386-97 and
being familiar with the conditions thereof,
hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 16th day of
September, 1997.
By /s/Tim W. Hodge
By /s/ Connie M. Bandy
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending acceptance of
Eagle Point Water Plant North Wall Brick
Replacement Project, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Michalski.
Motion carried 7-0.
RESOLUTION NO. 387-97
ACCEPTING IMPROVEMENT
Whereas, the Contract for the Eagle Point
Water Plant North Wall Replacement Project
has been completed and the City's Consultant
I.I.W. Engineering of Dubuque, Iowa
recommend acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be accepted.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 388-97
FINAL ESTIMATE
Whereas, the contract for the Eagle Point
Water Plant North Wall Replacement
Improvements has been completed and the
City has submitted the final estimate showing
the cost thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$268,498.20.
Section 2. That the final payment of
$7,419.40 be paid to Prism Corporation of
Kieler, Wisconsin, accordance with State
Statutes from funds in the Water Departments
FY'97 CIP Budget.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending acceptance of
Roosevelt Road Water Main Extension
Project, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 389-97
ACCEPTING IMPROVEMENT
Whereas, the Contract for the Roosevelt
Road Water Main Extension Improvement
Project has been completed and the City's
Consultant I.I.W. Engineering of Dubuque,
Iowa recommend acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be accepted.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 390-97
FINAL ESTIMATE
Whereas, the contract for the Roosevelt
Road Water Main Extension Improvement
Project has been completed and the City has
submitted the final estimate showing the cost
thereof.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$130,597.28.
Section 2. That the final payment of
$15,976.25 be paid to Northwestern
Development in accordance with State Statues
from funds in the Water Departments FY'97
CIP Budget.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
Cily Manager recommending acceptance of
Reconstruction of Fremont Ave. Bridge
project, presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 391-97
ACCEPTING IMPROVEMENT
Whereas, the contract for the Fremont
Regular Session, September 15, 1997
Avenue Bridge Replacement over Catfish
Creek has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay
to the contractor from the Street Construction
Fund in amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 392-97
FINAL ESTIMATE
Whereas, the contract for the Fremont
Avenue Bridge Replacement over Catfish
Creek has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$2,486,272.82 and the said amount shall be
paid from the Street Construction Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager recommending contract with
Alternative Services, Inc. be renewed for
additional 12 months at cost of $28,890,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 393-97
RESOLUTION APPROVING A PURCHASE
OF SERVICES CONTRACT BETWEEN
THE CITY OF DUBUQUE AND
ALTERNATIVE SERVICES, INC. AND
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY
OF DUBUQUE, IOWA
Whereas, the City of Dubuque has
negotiated with Alternative Services, Inc. to
provide services that will aid the City of
Dubuque in satisfying the requirements of the
Department of Housing and Urban
Development's Family Self-Sufficiency
Program; and
Whereas, under terms and conditions of a
purchase of services contract, Alternative
Services, Inc. will provide the above-described
services.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Purchase of Services
Contract by and between the City of Dubuque,
Iowa, and Alternative Services, Inc. is hereby
approved.
Section 2. That the City Manager be and
he is hereby authorized and directed to
execute said Contract for and on behalf of the
City of Dubuque, Iowa.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
City Manager recommending support of
Iowa League of Cities Telephone Litigation,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 394-97
A resolution to support court proceedings
to protect a City's right to maintain the use and
control of rights of way within its corporate
limits..
WHEREAS, The Federal
Telecommunications Act of 1996 ("the ACT")
preserves the right of municipalities to manage
rights-of-way within their corporate limits and
receive compensation for use and
management of the rights-of-way, so long as
the regulation of the rights-of-way is
nondiscriminatory; and
WHEREAS, The Iowa State Supreme
Court has established the "Rule of 1897"
whereby a phone company ("1897 company')
including its successors, that was providing
local phone service to a community prior to
October 1, 1897, does not have to seek
permission to use the rights-of-way nor pay
any fee for their use; and
WHEREAS, New providers of
telecommunication services are demanding
that they should also have the same privileges
to use the rights-of-way as the "1897
companies' under the nondiscriminatory
provisions of the ACT; and
WHEREAS, In order to best meet the
needs of citizens to receive telecommunication
and other essential services, it is necessary
that cities be able to regulate the use of their
rights of way and to receive payment from the
users of the rights-of-way for their use; and
WHEREAS, The Iowa League of Cities is
Regular Session, September 15, 1997
establishing a fund for the purpose of filing an
action to protect the rights of Iowa cities in
their rights-of-way; and
WHEREAS, the City of Dubuque agrees
that it supports such court action and will
provide funding for the proceeding:
NOW THEREFORE, be it resolved that the
City of Dubuque agrees that it supports such
court action and will pay the sum of
$10,000.00 as its per capita share of the cost
of filing the initial action.
BE IT FURTHER RESOLVED, that the
City of Dubuque hereby authorizes the Iowa
League of Cities to retain counsel in behalf of
the plaintiff cities, to coordinate the filing of the
action, and to otherwise manage the litigation.
Approved and adopted this 15th day of
September, 1977.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 395-97
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa,
be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
RENEWALS
Copper Kettle Jordan Inc. of Iowa
2987 Jackson St
The Wheel House The Wheel House Inc.
1630 E 16th St
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 396-97
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Beer Permit.
CLASS'B' BEER PERMITS
Aramark Education Serv. Inc. Loras College
Homecoming Event Field House
(1 Day Special Event)
CLASS "C" BEER PERMIT
5 Point Mart, Inc. 5 Point Mart, Inc.
+ (Sunday Sale) 405 Rhomberg Ave
Dennis A. Althaus Family Mart, Inc.
+(Sunday Sale) 3201 Central Ave
Mulgrew Oil Com.Asbury Amoco Food
Shop +(Sunday Sale) 3300 Asbury Rd
Passed, approved and adopted this 15th
day September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 397-97
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to
be issued the following named applicants a
Liquor License.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Europa Haus Restr. &Bierstube
Europa Haus Res &Bierstube
1301 Rhomberg
Annette Jordan Copper Kettle
+(Sunday Sale) 2987 Jackson
Admirals Hi-Hat West Inc. Admirals Hi-Hat
+(Sunday Sale) 253 Main St
P.M.S.T. Happy's Place
+(Sunday Sale) 2323 Rockdale Rd
Leroy A. Miller Whitey's Bar-X
+(Sunday Sale) 2616 Windsor
Argot, Inc LaMesa Mexican Rest.
+(Sunday Sale) 2700 Dodge St
Aramark Education Serv. Loras College
Campus Cnt (Outdoor Serv.) 1450 Alta Vista
(1 Day Special Event)
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Michalski. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants to address the Council to
express their desire to serve.
ENVIRONMENTAL STEWARDSHIP
COMMISSION: Katie Gustafson
(representing Youth) and Peter Simon. Peter
Simon and Katie Gustafson spoke.
HOUSING ADVISORY TRUST FUND
COMMITTEE: Applicant -Ruth Clark.
APPOINTMENTS to the following
Boards/Commissions:
AIRPORT COMMISSION: Applicants:
Tom Baldwin, David Hartman, Jeffrey Paar,
Terrance Stanton, James Wachtel. Mayor
Duggan voted for Baldwin. Council Member
Buol voted for Baldwin. Council Member Krieg
voted for Baldwin. Council Member Michalski
voted for Baldwin. Council Member Nicholson
voted for Baldwin. Council Member Robbins
Regular Session, September 15, 1997
voted for Baldwin. Council Member Voetberg
voted for Baldwin. Therefore, Tom Baldwin
was reappointed to the Airport Comm. to a
four year term which will expire 9-14-2001.
CABLE REGULATORY COMMISSION:
Applicants: Charles Ellis. Council Member
Voetberg moved that Charlie Ellis be
reappointed to a term that will expire 6-30-
2000. Seconded by Council Member
Robbins. Motion carried 7-0.
CABLE TELEPROGRAMMING
COMMISSION: Applicants: Anthony Allen,
Russell Nash, Jennifer Tigges, Karma
Wanamaker. Council Member Michalski
moved that Nash, Tigges and Wanamaker be
reappointed to three year terms which will
expire 6-30-2000 and Anthony Allen be
appointed to the unexpired term which will
expire G30.99. Seconded by Council Member
Robbins. Motion carried 7-0.
being in favor of any project that will improve
the traffic flow and increase parking in the
downtown area; Sibbing's Jewelry requesting
to leave Town Plaza as is, presented and
read.
Council Member Voetberg moved that the
communications be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Council
Member Buol, Krieg, Nicholson, Voetberg.
Nays-Mayor Duggan, Council Members
Michalski and Robbins.
Robert Sullivan, 790 Grace St., Nick Lucy,
783 Fenelon PI., Tom Graham, 1710 Sarah
St., Linda Herbst, and Joe Graham, 800 Kane
St., Jan Oswald, Coleen Wallace, John Butler,
Steve Sesterhenn, Dick McKay, Dick Hartig,
Laurie Thielen, and Tom Zaber all spoke
requesting various ideas for opening portions
or the entire downtown plaza area for traffic.
HUMAN RIGHTS COMMISSION:
Applicants: Anthony Allen, Kathy Blau.
Council Member Voetberg moved that Kathy
Blau be appointed to the unexpired term which
will expire 1-1-99. Seconded by Council
Member Buol. Motion carried 7-0.
INVESTMENT OVERSIGHT
COMMISSION: Applicants: Paul Lassance,
Hiram Melendez. Council Member Voetberg
moved that Lassance and Melendez be
reappointed to three year terms which will
expire 7-1-2000. Seconded by Council
Member Robbins. Motion carried 7-0.
Council Member Buol moved to suspend
the rules to allow anyone present to address
the Council if they so desire. Seconded by
Council Member Michalski. Motion carried 7-
0.
Public Hearing to consider the Downtown
Traffic Circulation Study. City Manager
recommending to proceed with Alternative F
for making improvements to the Town Clock
Plaza; Gene Schmidt, Brad Chalmers, Jake
Bender, Walter Katuin requesting to open the
entire Plaza; E. Eugene Perry supporting
recommendation of Staff to open the plaza
only as far as (and Including) West Eighth
Street; Petition containing 358 signatures
requesting streets of Town Clock Plaza be
reopened to vehicular traffic (except for 7th
Street); Petition containing 195 signatures
being of opinion that the plaza should remain
closed and Phil Wulfekuhle requesting to
leave plaza as is; FOX KFXB 40 supporting
the keeping of the plaza between 8th & 6th as
a pedestrian plaza; Michael Steele applauding
revitalization of the downtown area;
Cottingham & Butler, Inc., endorsing Concept
"D"; Klostermann & Associates endorsing
Option "C"; Jack Thompson submitting
thoughts, suggested solutions and comments
regarding traffic study; L & B Ventures and M
& S Leasing Co. advising of their preference
that the Town Clock Plaza remain as it
currently is today; Dubuque Main Street Ltd.
Carole Dunlap, 2152 Kleine St., spoke
stating that the downtown plaza area should
not be opened to traffic at this time, stressing
safety factors and urging more businesses
downtown.
Council Member Voetberg moved that they
accept Alternative "F" for downtown traffic
circulation study as proposed. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Council Member Buol,
Krieg, Nicholson, Voetberg. Nays-Mayor
Duggan, Council Members Michalski and
Robbins.
Council recessed at 9 p.m. and reconvened
at 9:10 p.m.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider annexing approx. 151 acres of land
on the City's west side as requested by
Kenneth & Janet Bergfeld, presented and
read. Council Member Robbins moved that
the communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 7-0.
RESOLUTION NO. 398-97
Whereas, Kenneth and Janet Bergfeld, as
legal owners of approximately 151 acres of
property lying outside the corporate limits of
the City of Dubuque, Iowa, have voluntarily
petitioned for annexation of said territory to the
City of Dubuque, as shown in Exhibit A; and
Whereas, Chapter 368 of the Code of Iowa
authorizes the extension of city limits in
situations of this character by the adoption of
a resolution after notification as required by
State regulations; and
Whereas, the future growth and
development of the City of Dubuque, Iowa
make it desirable that said property be made a
part of the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the territorial limits of the
Regular Session, September 15, 1997
Cily of Dubuque, Iowa be, and they are hereby
extended, to include the property legally
described in Exhibit B.
Section 2. That the territory hereby
annexed shall become a part of the Second
Ward, Seventh Precinct of the City of
Dubuque, Iowa.
Section 3. That the City Clerk shall file
this resolution, all Exhibits and the petition for
voluntary annexation with the City
Development Board of the State of Iowa.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing on
intent to dispose of City's interest in property
located at 1353 Bluff Street and City Manager
recommending approval to proceed with sale,
presented and read. Council Member
Voetberg moved that the proof and
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 399-97
RESOLUTION APPROVING THE
DISPOSAL OF CITY-OWNED PROPERTY,
SPECIFICALLY, SOUTH 1/2 OF LOT 769a
IN MCDANIEL'S SUBDIVISION OF TOWN
LOTS IN THE CITY OF DUBUQUE,
COUNTY OF DUBUQUE, IOWA,
ACCORDING TO THE RECORDED PLAT
THEREOF, ALSO KNOWN AS 1353 BLUFF
STREET
Whereas, pursuant to a notice, duly
published in the Telegraph Herald newspaper,
the Cily Council of Dubuque, Iowa, met on the
15th day of September, 1997, at 7:00 p.m. in
the Carnegie Stout Public Library Auditorium,
11th and Bluff Street, Dubuque, Iowa, to
consider the proposal to dispose of City-
owned real estate located at 1353 Bluff Street
which property is legally described as follows:
South 12 of Lot 769a in McDaniel's
Subdivision of Town Lots in the City of
Dubuque, County of Dubuque, Iowa,
according to the recorded plat thereof.
Whereas, such property is proposed to be
sold to Steven J. Gudenkauf in consideration
for Two Thousand Five Hundred ($2,500);
and
Whereas, the City Council of the City of
Dubuque, Iowa, has overruled any and all
objections ,oral and written, to the proposal to
dispose of the interest of the City of Dubuque,
Iowa, in the herein and above-named real
estate to the above-named grantees.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest
of the City of Dubuque in the above-described
property to Steven J. Gudenkauf is hereby
approved.
Section 2. That the Mayor be and he is
hereby authorized and directed to execute a
Quit Claim Deed, and that the City Clerk be
and she is hereby directed and authorized to
deliver such Deed, conveying the above
described real estate to the above-named
grantee.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice of Hearing on Plans and
Specs. for Five Flags Arena Roof project,
presented and read. Council Member Buol
moved that the communication be received
and filed. Seconded by Council Member
Michalski. Motion carried 7-0.
RESOLUTION NO. 400-97
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 18th day of August,
1997, plans, specifications, form of contract
and estimated cost were filed with the City
Clerk of Dubuque, Iowa for the FIVE FLAGS
ARENA ROOFING PROJECT.
WHEREAS, notice of hearing on plans,
specifcations, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Michalski. Motion carried 7-0.
Proof of publication certified to by the
Publisher on Notice to Bidders on receipt of
bids for project and City Manager
recommending to award contract for project,
presented and read. Council Member Buol
moved that the proof and communication be
received and filed. Seconded by Council
Member Michalski. Motion carried 7-0.
RESOLUTION NO. 401-97
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the FIVE FLAGS
ARENA ROOFING PROJECT pursuant to
Resolution No. 364-97, and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 21st of August,
1997.
WHEREAS, said sealed proposals were
opened and read on the 4th day of September,
1997, and it has been determined that the bid
of RAFOTH SHEET METAL in the amount of
Regular Session, September 15, 1997
$101,267 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the
plans and specifications.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to RAFOTH SHEET
METAL, and the Manager be and is hereby
directed to execute a contract on behalf of the
Cily of Dubuque for the complete pertormance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the City
Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council Member
Michalski. Motion carried 7-0.
Robert Lenaerts submitting a petition
containing 44 signatures requesting review of
placement of new Weather Warning Siren at
the Shims/Lincoln Ave. intersection, presented
and read. Mr. Lenaerts spoke to the petition.
Council Member Buol moved that the petition
be received and filed. Seconded by Council
Member Nicholson. Motion carried 7-0.
Zoning Advisory Commission advising of
their approval to reclassify property at
Northwest Arterial Asbury Road as requested
by Jeff Streinz, presented and read. Council
Member Buol moved that the communication
be received and filed. Seconded by Council
Member Robbins. Motion carried 7-0.
An Ordinance Amending Zoning Map by
reclassifying Southwest corner of the
Northwest Arterial and Asbury Road from AG
Agricultural District to C-3 General
Commercial District, with conditions,
presented and read. Council Member Buol
moved that the requirement that a proposed
Ordinance be considered and voted on for
passage at two Council Meetings prior to the
meeting at which it is to be finally passed be
suspended. Seconded by Council Member
Robbins. Motion carried 7-0. Council
Member Buol moved that a Public Hearing be
held on the proposed Ordinance on the 6th
day of 1997 at 7:00 p.m. in the Public Library
Auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Council Member Robbins.
Seconded by Council Member Robbins.
Motion carried 7-0.
City Manager submitting bidding
documents for the 1997 Harbor Maintenance
Dredging Project, presented and read.
Council Member Michalski moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Motion carried 7-0.
Copy of communication from Civil Defense
Coordinator, Robert Gooch to Mr. Lenaerts
responding to his concerns, presented and
read. Council Member Buol moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 7-0.
Zoning Advisory Commission advising of
their approval to rezone property at 2349 Elm
Street from R-2A to CS District as requested
by Jerry & Deb Spiegelhalter, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Robbins.
Motion carried 7-0.
An Ordinance Amending Zoning Map by
reclassifying property at 2349 Elm Street from
R-2A Attemate Two-Family Residential District
to CS Commercial Service & Wholesale
District, presented and read. Council Member
Voetberg moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by Council
Member Robbins. Motion carried 7-0.
Council Member Voetberg moved that a Public
Hearing be held on the proposed Ordinance
on the 6th day of October, 1997 at 7:00 p.m.
in the Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 402-97
PRELIMINARY APPROVAL
OF PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
1997 Harbor Maintenance Dredging Project, in
the estimated amount of $62,176.00, are
hereby approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 403-97
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the 1997 Harbor
Maintenance Dredging Project.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 6th day of October, 1997, a
Regular Session, September 15, 1997
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be
not less than four days nor more than twenty
days priorto the day fixed for its consideration.
At the hearing, any interested person may
appear and file objections to the proposed
plans, specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0.
RESOLUTION NO. 404-97
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the 1997 Harbor Maintenance
Dredging Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each bid
shall be in an amount which shall conform to
the provisions of the notice to bidders hereby
approved as a part of the plans and
specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided to be published
in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
not be less than four days nor more than
twenty days prior to the receipt of said bids at
2:00 p.m. on the 25th day of September,
1997. Bids shall be opened and read by the
City Clerk at said time and will be submitted to
the Council for final action at 7:00 p.m. on the
6th day of October, 1997.
Passed, adopted and approved this 15th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Robbins. Motion carried 7-0.
STREET BY THE CITY OF DUBUQUE,
IOWA.
WHEREAS, the City of Dubuque is the
owner of or has an interest in the real property
known as the south easterly 26,071 square
feet of Lot 3 of FDL First Addition; and
WHEREAS, the City is developing an
industrial park on adjoining property and has
determined that it would be beneficial to that
development project to exchange the above-
described property for an equivalent area of
land now owned by John P. Mihalakis and
Richard L. Billmeyer; and
WHEREAS, John P. Mihalakis and
Richard L. Billmeyer have agreed to the
exchange subject to the terms set forth in a
proposed Agreement for the Exchange of
Land; and
WHEREAS, the Iowa Code requires that a
public hearing be held prior to the disposition
of an interest in city owned real property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque, Iowa,
intends to dispose of its interest in the
foregoing-described real property to John P.
Mihalakis and Richard L. Billmeyer in
exchange for an equivalent area of land and
other considerations as provided in a
proposed agreement for exchange of land.
Section 2. The City Clerk be and is hereby
authorized and directed to cause a notice to be
published, as prescribed by Iowa Code
Section 364.7, of the date, time and place of
public hearing of its intent to dispose of its
interest in the foregoing-described real estate,
which hearing shall be on the 6th day of
October, 1997 at 7:00 o'clock p.m. at the
Public Library Auditorium, 11th and Bluff,
Dubuque, Iowa.
Passed, approved and adopted this 15th
day of September , 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved adoption
of the Resolution. Seconded by Council
Member Buol. Motion carried 7-0.
At 9:58 p.m., Council Member Voetberg
moved to go into Closed Session in
accordance with Ch. 21.5 L (I) to discuss the
purchase of particular real estate where
premature disclosure could be reasonably
expected to increase the price the
governmental body would have to pay for that
property. Seconded by Council Member
Michalski. Motion carried 7-0.
City Manager recommending to set a public
hearing for October 6, 1997 to consider
disposing of property in FDL 1st Addition,
presented and read. Council Member
Michalski moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 7-0.
RESOLUTION NO. 405-97
RESOLUTION OF INTENT TO DISPOSE OF
INTEREST IN CERTAIN REAL PROPERTY
LOCATED WEST OF KERPER
BOULEVARD AND SOUTH OF FENGLER
At 10:40 p.m. Council reconvened Regular
Session with statement that Staff had been
given direction.
There being no further business, Council
Member Michalski moved to adjourn the
meeting. Seconded by Council Member Buol.
Motion carried 7-0. The meeting adjourned at
10:41 p.m.
Mary A. Davis CMC
Regular Session, September 15, 1997
City Clerk
Approved , 1997
Adopted 1997
Mayor
Attest:
Council Members
City Clerk
Special Session, September 29, 1997
DUBUQUE
CITY COUNCIL
Member Nicholson. Carried by the following
vote: Yeas-Council Members Buol,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None. Abstain-Mayor Duggan,
Absent-Council Member Krieg.
OFFICIAL
PROCEEDINGS
City Council, Special Session, Tuesday,
September 29, 1997.
Council Met at 6:00 p.m., Four Mounds,
4900 Peru Rd.
Present: Mayor Duggan, Council Members
Buol, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen.
Absent: Council Member Krieg.
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
for the purpose to set a public hearing to
consider disposing of City property.
City Manager recommending approval of
plat for City Lot 604A and setting public
hearing for 10-6-97 to dispose of property,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Council Members Buol,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None. Abstain-Mayor Duggan,
Absent-Council Member Krieg.
RESOLUTION NO. 406-97
RESOLUTION APPROVING PLAT
OF THE DIVISION OF CITY LOT 604A
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa, a
plat dated September 29, 1997, prepared by
IIW Engineers & Surveyors, P.C., describing
the proposed division of City Lot 604A; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated September
29, 1997, prepared by IIW Engineers &
Surveyors, P.C. relative to the real estate
hereinabove described by and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat for and on behalf
of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said plat
and certified copy of this resolution in the
office of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this 29th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
RESOLUTION NO. 407-97
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 2 OF CITY LOT 604A IN
THE CITY OF DUBUQUE, IOWA
Whereas, the TFM Co. has requested the
purchase of Lot 2 of City Lot 604A in the City
of Dubuque, Iowa; and
Whereas, IIW Engineers & Surveyors, P.C.
has prepared and submitted to the City
Council a plat showing the division of City Lot
604A and assigned lot numbers thereto, which
hereinafter shall be known and described as
Lot 1 & 2 of City Lot 604A in the City of
Dubuque, Iowa; and
Whereas, the City Council of the city of
Dubuque, Iowa has determined that Lot 2 of
City Lot 604A is no longer required for public
use, and sale of said lot known as Lot 2 of City
Lot 604A in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends
to dispose of its interest in Lot 2 of City Lot
604A in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 2
of City Lot 604A in the City of Dubuque, Iowa
to the TFM Co. be contingent upon the
payment of $2,011.20, plus platting,
publication and filing fees.
Section 3. That the City Clerk be and is
hereby authorized and directed to cause and
notice of intent to dispose of said real estate in
the manner as prescribed by law.
Passed, approved and adopted this 29th
day of September, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution and set Public Hearing for
10-6-97 at 7:00 p.m. in the Public Library
Auditorium and direct the City Clerk to publish
notice in the manner prescribed by law.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Council
Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
Abstain-Mayor Duggan, Absent-Council
Member Krieg.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Michalski. Motion carried 7-0. The meeting
adjourned at 6:05 p.m.
Mary A. Davis CMC
City Clerk
Special Session, September 29, 1997
Approved , 1997
Adopted 1997
Mayor
Council Members
Attest:
City Clerk