Loading...
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