1998 February Council ProceedingsSpecial Session, February'211998
27
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
February 2, 1998.
Council met at 6:30 p.m., Public
Library Auditorium.
Present: Mayor Duggan, Council
Members Buol, Nicbolson, Robbins,
Voetberg, City Manager Michael Van
Milllgen, Corporation Counsel Barry A.
Lindahl.
Absent at Roll Call: Council Member
Michaiski.
Absent Counc~ Members Markham.
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
go into Closed Session to discuss the
purchase of par~cular real estate.
Michalski entered at 6:35 p.m.
At 6:35 p.m., Voetberg moved to go
into Closed Session In accordance with
Chapter 21.5 1.(j) State Code of Iowa,
1997 as amended, to discuss the
purchase of pa~cular real estate
where premature disclosure could be
reaeenab~y expected to increase the
pdce the governmental body would
have to pay for that property.
Seconded by Buol. Motion carried 6-0.
At 7:00 p.m., Counc~ reconvened
Regular Session with statement that
Staff had been given proper direction.
There being no further business,
Voetberg moved to adjourn. Seconded
by Buol. Motion carried 6-0. The
meeting adjourned at 7:00 p. rn.
Council Members
i c~ cler~' ~
lsl Mary A. Davis CMC
City Clerk
28
Regular Session, February 2, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City CounalJ, Regular Session,
February 2, 1998
Council met at 7:00 p.m., Public
Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Michalski, Nicholson
Robbns, Voetberg, City Manager
Michael Van Mil[igen, Corporation
Counsel Barry A. Lindahl.
Absent Council Member Markham.
Mayor Duggan read the call and
stated this is the Regular Session of
the C~ Council called for the purpose
to act upon such business which may
propedy come before the City Council.
The invocation was given by Major
aha Woodard, Corps Officer of The
Salvation Army.
PROCLAMATIONS: Month of
February as 'African-American History
Month" received by Cammie Dean of
Clarke Caliege; Month of February as
"Head Month" received by City EMS
Supervisor Ric Jones and Mary Jean
Patzner of Mercy Medical Center.
MINUTES SUBMITTED -- Airport
Commission of 11-25 & 12-23; Cable
TV Regulatory of 1-14; Civil Service
Commission of 10-14 & 12-22:
Community Devalopment Advisory
Commission of 12-4; Environmental
Stewardship Advisory Commission of
1-6; Five Flags Commission of 12-15;
Historic Preservation Commission of
12-11: Housing Code Appeals Board of
11-18; Human Rights Commission of
12-8; Park & Recreation Commission of
1-13: Public Library Board of Trustees
of 12-18; Zoning Board of Adjustment
of 1-12, presented and read. Voetberg
moved that the minutes be received
and filed. Seconded by Nichoison.
Motion carded 6-0.
Proofs of Publication on Combined
Notice of Finding of No Significant
Impact and Intent to request Release of
funds for Iowa Inn project; City Council
proceedings for meeting of 1-5-98; List
of Claims and Summary of Revenues
for month ending 12-31-97, presented
and read. Voetberg moved that the
proofs be received and tiled.
Seconded by Nicholson. Motion
carried 6-0.
NOTICES OF CLAIMS/SUITS --
Jerry Braltbach in unknown amount for
vehicle damages and personal injuries;
i Peter Darby en behalf of daughter,
Margaret Darby, in amount of $213.42
for vehicle damages; IDOT vs. City of
Dubuque et al submitting Notice of
Appeal for improvements of Pdmary
Road U.S. 61 and U.S. 20; Michael V.
Rooney in amount of $60.00 for
backed-up sewer damages; John
Steffen in amount ef $26,00 for vehicle
damages, presented and read.
Voetberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by
Nichoison. Motion carried 6-0. ~
Corporation Counsel advising
property damage claim of Baa M.
Pottebaum has been forwarded to
Podzen Construction for disposition,
presented and read. Voetberg moved
that the communication be received
and tiled. Seconded by Nicholson.
Motion carded 6-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Personal injury of
Ernest W. Puls; Personal injury and
vehicle damage of State Farm
Insurance on behalf of their insured
Thomas J. Budan and Henry Ga!loway,
~resented and read. Voetberg moved
that the communications be received
and filed. Seconded by Nicholson.
Motion carried 6-0.
Corporation Counsel recommending
denial of sewer backup claim of
Michael V. Rooney, presented and
read. Voetberg moved that the
communication be received and tiled
and denial approved. Seconded by
Nicholson. Motion carried 6-0.
REFUNDS REQUESTED -- Gerald
Kressig, $422.50 for unexpired Liquor
Ucense; Careryn K. Fonck, $422.50 for
unexpired Liquor License, presented
and read. Voetberg moved that the
refunds be approved and Finance
Director is to issue the proper checks.
Seconded by Nicholson. Motion
Reqular Session, February 2, 1998
29
carried 6-0.
City Manager recommending
approval of Letter of Undemtanding
with the Union Pacific Railroad
Company and authorize Staff to
proceed w~ purchase of property for
the Trail project, presented and read.
Voetberg moved that the
communication be received and tiled
and recommendation approved.
Seconded by Nicholson. Motion
carried 6-0.
City Manager recommending
approval of application for funding for
HOME Investment Partnership,
presented and read. Voetberg moved
that the communication be received
and flied. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 37-98
A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN
APPLICATION TO PARTICIPATE IN
THE IOWA HOME INVESTMENT
PARTNERSHIP PROGRAM.
Whereas, the City of Dubuque
recognizes a continuing need to assist
rental unit owners m improving their
properties occupied by lower-income
fatales: and
Whereas, the C~ recognizes the
benefit of such assistance, in the form
of neighborhood impact and increased
tax base; and
Whereas, the City has suesessfuliy
administerec State and Federally
funded rental rehabilitation programs
since 1984 including HOME Program
grants received in 1992 and 199~.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Mayor is
authorized and diromed to execu[e an
application to the Iowa Deparm~ent of
Economic Development for
participation in the HOME Investment
Par[nership Program,
Seddon 2, That the City of Dubuque
Housing Commission is directed to
hold the necessary public headqg
regarding this application, ~n
accordance with requirements of Iowa
Code, section 362.3
Section ~. That the City Manager is
hereby authorized and directed to
forward said application and resui~ng
standard executed contract to the
respective agencies in a timely fashion
and as required by the Iowa
Depar[ment of Economic Development.
Passed, approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
City Manager recommending
acceptance of City Hall Remodeling
Project, presented and read. Voetberg
moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 6-0.
RESOLUTION NO, 38-98
ACCEPTING IMPROVEMENT
Whereas, the contract for the City
Hall Remodeling Project - First Floor
has been completed and the City
Manager has examined the work and
flied his certificate stating that the same
has been completed according to the
terms of the contram, plans and
specifications and recommends it
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 That the rocommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BElT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the con[ractor frorr
the General Fund and Sales Tax Fund
in amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
2nd day of February, 1998.
_Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholeen.
Motion carded 6--6.
RESOLUTION NO. 39-98
FINAL ESTIMATE
Whereas, the contract for the City
Hall Remodeling Project - First Floor
has been completad and the City
Engineer has submitted his fina!
estimate showing the cost thereof
including the cost of estimates notices
and inspection and all m[scalianeous
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1 That the cost of said
30 Regular Session, February 2, 1998
improvement is hereby determined to
be $149.753.95 and the said amount
shal~ be paid from the GeneraJ Fund
and Sales Tax Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this
2nd day of February, 1998.
Terranca M. Duggan, Mayor
Attest: Maw A. Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by Nicholson.
Mo~on carried 6-0.
City Manager recommending
acceptance of Eagle Point Water PJant
Office Window Wall Replacement
Project, presented and read. Voetberg
moved that the communication be'
received and tiled. Seconded by
Nicholson. Motion carded 6-0.
RESOLUTION NO. 40-98
ACCEPTING IMPROVEMENT
Whereas the Contract for the Eagle
Point Water Plant Office Window Wail
Replacement Project has been
corr oleted and the Citys 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 recommendafion
of the City Manager be approved and
that said improvement be accepted.
Passed, approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoDfion of the
Resolufion. Seconded by Nicholson.
Motion carried ~,-0.
RESOLUTION NO, 41-98
APPROVING FINAL ESTIMATE
Whereas. the contract for the Eagle
Point Water Office Window Wall
Replacement Improvements have been
competed and the City has submitted
the tinal 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
~mprovement is ~ereby determined to
be $159,797.00.
Section 2. That the final payment of
$28,264.10 be paid to Zephyr
Aluminum of Dubuque, iowa ~in
accordance with State Statues from
funds in the Water Departments FY'96
CIP Budget.
Passed. approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adootion of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
City Manager submitting final levy of
assessments for Reconstruction of
Cedar Cross . Fremont Intersecfio~
project, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 6-0.
RESOLUTION NO. 42-98
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR CEDAR CROSS/FREMONT
AVENUE INTERSECTION
RECONSTRUCTION PROJECT
INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED. THE INTEREST ON ALL
UNPAID INSTALLMENTS. THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That after fur consideratior, of the
final schedule of assessments and
accompanying plat showing the
assessments propoaed to be made for
the construction of the Cedar
Cross/Fremont Avenue Intarsectio~
Reconstruction Project under contract
with Horsfield Construction Company,
Inc. of Epworth. iowa, which final plat
and schedule were tiled in the office of
me City Clerk on the 29th day of
January, 1998, the said schedule of
assessments be an~ the same is
hereby approved and adopted.
That there De, and is here~y
assessed and levied as a special tax
against and upon each of the lots, the
respective sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the
respective properties benefitted by the
improvements as shown ir~ the
schedule, subject to the provisions of
Section 384.63 of the Code of Iowa.
Said assessmenzs against said lots are
hereby declared to be in propo~on to
Regular Sess on, ~e~ary 2~ 1998
31
the special benefits conferred and not
in excess of twenty-five percent of the
value of same.
That the City Clerk be and is hereby
directed to cer~ said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
certification once each week for two
consecutive weeks in the manner
provided in Section 362.3, the fimt
publication of which shall be not more
than fifteen days from the date of filing
of the finalschedule. On or beforethe
date of the second publication of the
notice, the City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment, as provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may be paid in
full or n part without interest at the
office of the County Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the final schedule of
assessments ~ the County
Treasurer. After 36 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at nine (9)
percent (commencing on the date of
acceptance of the work} computed to
the December 1 next following the due
dates of the respective installments as
provided in Section 384.65 of the Cede
of Iowa. Each installment will be
delinquent from October 1 following its
due date or July 1 of each year.
Preper[y owners may elect to pay any
annual instaIImen~s semiannually in
advance.
Passed, approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
SCHEDULE OF FINAL
ASSESSMENTS
CEDAR CROSS RD., FREMONT
AVE. AND NORTH CASCADE ROAD
The following scheduled is hereby
determined to show each lot proposed
to be assessed for the improvement
shown in the ~e together with the
amount proposed to be assessed
against each at and the valuations
shown opposite each lot are hereby
fixed as the true valuations of such lots
by the City Council of the City of
Dubuque.
OWNER ~
TOTAL NET ASSESSMENT
J. GEORGE SUBDIVISION
ALPINE TENNIS CENTER, INC.
LOT 4 $6,778.69
J. GEORGE PLACE
TBTB INC.
LOT 2-2 $25,476,69
KNOB HILL GROVE - BLOCK 1
JOHNSON, RONALD J. & LOUISE S.
LOT 1 $2,471.11
KALB, JAMES G, & GREGORY J.
LOT 2 $543.64
KALB, JAMES G. & GREGORY J.
LOT 3 $179.12
BLOCK 2
RUNDE, MELVIN R. JR. & MARY LOU
LOT 1 $2,057.83
ZAHINA, CLEMENT D.
LOT 2 $465.37
PAAR, JEFFREY S. & McCALL-PAAR,
PATRICIA L LOT 1-3 $13.15
PAAR, JEFFREY S. & McCALL-PAAR,
PATRICIA L LOT 2-3 W/1-3
PA.AR, FREDERICK R. & MILDRED I.
LOT 1-3 ,$I3.15
PAAR, FREDERICK R, & MILDRED I.
LOT 2-3 W/1-3
HOSCH, PAUL D. & ROSELLA M.
LOT 1-3 $13,15
HOSCH, PAUL D. & ROSELLA M.
LOT 2-3 W/1-3
MIDDENTS, MARY V.
LOT 1-3 $13.15
MtDDENTS, MARY V.
LOT 2-3 W/1-3
KRUSE, GERALD E
LOT 1-3 $13.15
KRUSE, GERALD E.
LOT 2-3 W/1-3
PAAR, FREDERICK R. & MILDRED ~.
LOT 1-3 $13.15
PAAR, FREDERICK R. & MILDRED .
LOT 2-3 W/1~3
DALSING. ELIZABETH A.
LOT 1-3 $13,15
DALSING, ELIZABETH A.
LOT 2-3 W/1-3
MORGAN JANE C.
LOT 1-3 $13.15
MORGAE' JANE C.
LOT 2-3 W/1-3
WITT, MAE M.
LOT 1-3 $13.15
WITT, MAE M.
LOT 2-3 W/1-3
SEVILLE, JAMES D.
LOT 1-3 $13.15
SEVILLE, JAMES D.
LOT 2-3 W/1-3
RYAN, JAMES R.
LOT 1-3 $13.15
RYAN, JAMES R.
LOT 2-3 W/1-3
KLOSTERMAN, ANTHONY F.
LOT 1-3 5;13.15
KLOSTERMAN. ANTHONY F.
LOT 2-3 W/1-3
KNOB HILL BLOCK 8
STRUB, MICHAEL J. & VICKIE A.
LOT 5 $2,319.90
32
RegularSession February2, 1998
LEISER. JOSEPH G.F. & MARY JO
_OT 4 $548.32
DAVID, RICHARD W. & JUDITH L
LOT3 $182.19
WALSHIRE, JOHN D.
LOT 2 $75.87
KNOB HILL BLOCK I 0
DOLTER. ANDREW J & TERRI A.
LOT 1 $955.72
OBERFOELL. JAMES E. & CAROL. J.
LOT 2 $955.72
~ECKER, DAVID J.
LOT 3 $658.38
OHMERT, DONALD b & ETHEL C.
LOT 2-1-N1/2-SE1/4 SEC34, T89N,
R2E, 5TH P.M. WATER SERVICE
ASSESSMENT: $781.14 $5,812.32
FREMONT HEIGHTS
CITY OF DUBUQUE
LOT F DEFICIENCY ASSESSMENT
$775.93 $1,695.31
BLOCK 1
THREE M DEVELOPMENT CORP
LOT 1 $1,517.93
THREE M DEVELOPMENT CORP.
LOT 2 $424.36
THREE M DEVELOPMENT CORP.
LOT 3 $172.18
ROTH, JON E. & MARNA A.
LOT 4 $120.22
THREE M DEVELOPMENT CORP.
LOT 5 $2O.84
CiTY OF DUBUQUE
CITY STREET S1000.29
BLOCK 2
THREE M DEVELOPMENT CORP.
LOT 1 $1,627.73
THREE M DEVELOPMENT CORP.
LOT 2 $403.79
THREE M DEVELOPMENT CORP.
LOT 3 $123.15
THREE M DEVELOPMENT CORP.
LOT 4 $59.84
THREE M DEVELOPMENT CORP.
LOT 5 $3.87
WEEKS, ROBERT L JR. & SHERRY
LOT 19 $1,734.45
ESSER, EDWARD J. & JAYNE
LOT 18 $371.07
HANCOCK, MICHAEL B. & LAURIE A.
LOT 17 $96.71
BLOCK 3
THREE M DEVELOPMENT CORP.
LOT 1 $1,645.36
THREE Vi DEVELOPMENT CORP.
LOT 2 $350.10
DIAMOND FRANCIS J. & LOURINE
LOT 3 $47.28
McNAMER, MARTIN J. & NANCY A.
LOT 13 $1,366.32
McNAMER, MARTIN J. & NANCY A.
LOT 12 $444.53
BLOCK4
McNAMER, MARTIN J. & NANCY A.
LOT 1 $4.381.30
SOUTH GLEN
McNAMER, MARTIN J. & NANCY A.
LOT 1 $1,373.40
DUGGAN, TIMOTHY P. & JULIE A.
LOT 2 $2,260.46
McCOY, MA"FFHEW M. & HEIDi L.
LOT 3 $923.79
J. GEORGE SUBDIVISION
HEIDERSCHEIT, JOHN J. & CAROLE
S. LOT 2 (COMMERCIAL) $11,065.93
HEIDERSCHEIT. JOHN J. & CAROLE
S.LOT 2 (RESIDENTIAL) $3,780.93
PAR FIVE LLP LOT 2-3 $9,427.34
BENKEL INC. LOT 1-3 $2.234.90
TOTALS: DEFICIENCY
ASSESSMENT:S775.93; WATER
SERVICE ASSESSMENT:S781.14;
TOTAL NET ASSESSMENTS:
$98,312.05
Voetberg moved adoption of the
Resolution. Seconded Dy Nicheison.
Motion carded 6-0.
City Manager submitting Fiscal Year
1997 Financial Audits consisting of
Parking Facilities: Dubuque
Metropolitan Area Solid Waste Agency
and Comprehensive Annual Financial
Report. (Copies on file in Cb Clerk's
Office for public review.), presented
and read. Voetberg moved that the
communication and reports be received
and filed. Seconded by Nicholson.
Motion carried 5-0.
City Manager subm~ng proposed
changes to Community Partnership
(cp2) Program, presented and read
Voetberg moved that the
communication be received and filed.
Seconded by Nicheison. Motio~
carded 6-0
RESOLUTION NO. 43-98
RESOLUTION APPROVING REVISED
GUIDELINES FOR THE COMMUNITY
PARTNERSHIP PROGRAM (CP2)
Whereas. under the provisions of
Title I of the Housing and Community
Development Act of 1974, as
amended, the City of Dubuque has
received Community Development
Block Grant (CDBG) funds for the
development aha maintenance of a
viable urban community through the
provision of decent housing, a suable
living ~nvironmem and expanded
economic opportunities for its
residents, particularly those eersons of
Iow and moderate income; and
Whereas, the Community
Partnershie Program (cp2) was
Ideveloped in response to the national
goals and objectives of the CDBG
program and is designed to encourage,
Reqular SeSsion; ~:~fu~ ~i 19~8
on a local level, new and innovative
private and non-profit efforts to improve
the livability of the community for all
citizens; and
Whereas, the guidelines for the
implementation of the Community
Partnership Program (cp2) have been
amended to better respond to the
needs of the community and have been
presented to the C~y Council for
consideration; and.
Whereas, the Community
Development Advisory Commission
has reviewed the proposed changes
and recommends their adoption.
NOW, THEREFORE, BE iT
RESOLVED BY THE Gl'FY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the revised
guidelines for the Community
Partnership Program (cp2) as attached
hereto are approved and adopted.
Section 2. That the City Manager be
and he is hereby authorized to
implement and administer the
Community Partnership Program(cp2)
in accordance w~h the said revised
guidelines.
Passed, apprbved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
City Manager recommend ng
submission of grant application to IDOT
RISE Program, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 6-0.
RESOLUTION NO. 44-98
A RESOLUTION ENDORSING THE
SUBMISSION OF A REVITALIZE
iOWA'S SOUND ECONOMY (RISE)
APPLICATION TO THE IOWA
DEPARTMENT OF
TRANSPORTATION FOR THE
EXTENSION OF CHAVENELLE
ROAD EAST FROM SEIPPEL ROAD
INTO THE NEW WEST-SIDE
INDUSTRIAL PARK AT THE FORMER
COUNTY FARM.
WHEREAS, the Cb of Dubuque
believes that economic development
opportunities require developable
industrial land with adequate pu.blic
infrastructure in order to retain find
attract new job creatinc businesses
and industries to this community;, and
WHEREAS, the City of Dubuque is
33
develop'ng the first 164 acres of
industrial development land located at
the former County Farm which
provide for much needed large, rail
accessible sites; and
WHEREAS, the City of Dubuque has
annexed this property into the City's
boundaries; and
WHEREAS, the improvement of this
property requires new primary access
into the site from Seippel Road which
then provides direct access to U. S.
Highway 20; and
WHEREAS, the iowa Department of
Transportation through its Revitalize
Iowa's. Sound Economy (RISE)
program's C. ompetitive Rating Funding,
has moples available for the
devetopmest of public roadways to
support future economic development
opportunities.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY DF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
hereby endorses the application to the
Iowa Department of Transportation for
RISE funding to provide access into the
new west-side industrial area via an
extension of Chavenelle Road east
from Seippel Road.
Section 2. That the Cb of Dubuque
.hereby certifies that the roadway
~mprovements will be dedicated to
public use and will remain so dedicated
to public use.
Section 3. That the City of Dubuque
hereby assumes responsibirr[y for and
ongoing maintenance of these
improvements and ensures that they
will be adequately maintained in the
future. . - -
Section 4. That the Oity Manager is
authorized to sign, on behalf of the City
Council, the application for RISE
funo~ng.
Passed, approved and adopted this
2nd day of February, 1998.
Torrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
City Manager recommending to
apply for a grant to pay the costs of a
signiticantiy increased level of tobacco
sales compliance checks, presented
and read. Voetberg moved that the
communicatioc be received and tiled
and recommendation approved.
Seconded by Nicholson. Motion
carded 6-0.
City Manager subm~ng copy of
Regular Session, February 2, 1998
Let[er of Support to Dubuque Racing
Association (bRA) requesting funds to
assist renovation of St. Mark's
Community Center, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 45-98
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.
Mickey's Pub L.C.
Mickey's Pub 600 Central
Passed, approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan. Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoptior of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
RESOLUTION NO, 46-98
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved:
and
Whereas, [he 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 T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the Manager be authorized to
cause to be issued the followng named
applicants a Liauor License.
CLASS "B" (HOTEL/MOTEL)
BEER & LIQUOR LICENSE
Dubuque Inn Corp Best Western
Dubuque Inn + (Sunday Sale)
3434 Dodge St
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Chi - Chi's Inc. Chi-Chi's
Mexican Rest. + (Sunday Sale)
800 Wacker Dr
Pusatetis Enterprise
Pusated's +(Sunday Sale)
2400 Central Ave
Mickey's Pub. LC.
Mickey's Pub +(Sunday Sale)
600 Central Ave
Passed. approved and adopted this
2nc day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6-0.
BOARDS AND COMMISSIONS:
Appointments to the following
Boards/Commissions:
AIRPORT COMMISSION: Applicants
David Hartman, Thomas McMahon,
Jeffrey Paar, Terrance Stanton, James
WachteL Vote on the appointmentwas
as follows: Duggan voted for WachteL
Buol voted for Stanton. Michalski voted
for Stanton. Nicholson voted for
Wachtel. Robbins voted for McMahon.
Voetberg voted for Stanton. A second
vote was taken. Duggan voted for
Stanton. Buol voted for Stanton.
Michalsk~ voted for Stanton. Nicholson
voted for Wachtel. Robbins voted for
McMahon. Voetberg voted for Stanton.
Therefore, Terrence Stanton
appointed to an unexpired four year
term to exoire 9-14-2000 (term of
Markham).
HOUSING CODE APPEALS
BOARD: Applicants: William J.
Kinsella. Robert Schaub. Edward Swift.
Voetberg moved that William J.
Kinsella, Robert Schaub and Edward
Swift be reappointed to the Housing
Code ADDeals Board for three year
terms which will expire 1-11-2001.
Seconded by Nicholson Motien
carried 6-0.
HUMAN RIGHTS COMMISSION:
Applicants Raydora Drummer,
Evelyn E. Jackson, Mustafa Ozcan,
Marly O'Shea. First vote taken:
Duggan voted for Jackson, Ozcan &
O'Shea. Buol voted for Drummer,
Jackson & Ozcan. Michalski voted for
Drummer, Jackson & Ozcan.
Nicholson voted for Jackson, Ozcan &
O'Shea Robbins voted for Jackson,
Ozcan. & O'Shea. Voetberg voted for
Drummer, Jackson & Ozcan.
Therefore, EveIyn Jackson reappointed
and Mustafa Ozcan appointed to three
year Terms which will expire 1-1-01.
Second vote for the third vacancy;
Duggan voted for O'Shea. Buol voted
for Drummer. MichaJskJ voted for
Drummer. Nicholson voted for O'Shea.
Robbins voted for O'Shea. Voetberg
voted for Drummer. There not being a
majodty vote, a third vote was taken.
Duggan voted for O'Shea_ Buol voted
for Drummer. Michalski voted fo,
~rummer. Nicholson voted for O'Shea.
35
Robbins voted for O'Shea. Voetberg
voted for Drummer.
Voetberg moved that filling the third
vacancy should be tabled un~]l the 2-
16-98 Council Meeting. Seconded by
BuoL Motion carried 6-0.
PLUMBING BOARD: Applicant -
Jeffrey Schwartz. Voetberg moved to
appoint Jeffrey Schwadz to the
Journeyman vacancy on the Plumbing
Board which will expire 11-02-2000.
Seconded by Michalski. Motion carded
6-0.
Robbins moved to suspend the rules
to allow anyone present to address the
Council if they so desire. Seconded
by Nichoison. Motion carded 6-0.
Proof of publication cer~fied to by
the Publisher on Notice of Public
Headng to consider rediassifying
property at 475 East 28th Street from
R-2 to CS District, presented and read.
Robbins moved that the
communication be received and tiled.
Seconded by Ninhoison. Motion
carried 6-0.
Kelly Jackson spoke requesting
re-zoning.
An Ordinance Amending Zoning Map
by reclassifying property at 475 East
28th Street from R-2 Two-Family
Residential District to CS Commercial
Service and Wholesale District" said
Ordinance having been presented and
read at the Council Meeting of 1-19-98,
now presented for further action.
ORDINANCE NO. 5-98
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 475 EAST 28TH STREET FROM
R-2 TWO-FAMILY RESIDENTIAL
DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE
DISTRICT. ,
NOW, THEREFORE, BE ~T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the Cb of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from R-2
Two-Farnliy Residential Distdct to CS
Commercial Service and Wholesale
[ District.
Lots 219, 220 and 221 of Glendale
Add,on No. 2, and to the center line
of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan Mayor
Attest: Mary A. Davis, City Clerk
Publishgd officially in the Telegraph
Herald newspaper this 6~h day of
February, 1998.
It 2/6 Mary A: Davis CMC, City Clerk
Robbins moved tinal consideration
and passage :.of the Ordinance.
Seconded by Nicholson. Motion
carded 6-0.
Proof of publication ce~fled to by
the Publisher on Notice of Public
Hearing to consider disposing of Cb
Lot 280A in the City to Henddcks Feed
and Seed Company and City Manager
recommending to proceed with
disposal, presented and read.
Voetberg moved that the proof and
communication be received and tiled.
Seconded by Buol. Motion carried 6-0.
RESOLUTION NO. 47-98
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on the 23rd day of
January, 1998, the C~ Council of the
City of Dubuque, Iowa met on the 2nd
day of February, 1998, at 7:00 p.m. in
the Public Library Auditorium, 11th and
Locust. Dubuque, Dubuque, County;
Iowa to Consider the Proposal for the
sale of real estate described as:
City Lot 280A in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such real estate,
except for easement as noted.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1, That the sale of City of
Dubuque real property described as
City Lot 280A ~
in the City of Dubuque, Iowa to
Regular Session, February 2, 1998
Henddcks Feed and Seed Company,
inc. be and the same is hereby
approved for the sum of $5.051.25 plus
cost of publication platting and filing
fees. Conveyance shall be by Quit
Claim Deed.
Section2 The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the ourpose of
erecting, installing, construction,
reconstructing, repairing, owning,
operating, and maintaining water.
sewer, drainage, gas telephone, t.v..
cable, and electric lines as may be
authorized by the City of Dubuque,
iowa.
Section 3 That access easements
for the abutting properly owners be'
established as shown on the plat of
City Lot 280A.
Section 4. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
To deliver said deed of conveyance to
Hendricks Feed ano Seed Company,
Inc. upon receipt of the purchase price
in full.
Section 5. That the City Clerk be
and is hereby authorized and directed
to record a codified copy of this
resolution ir the office of the City
Assessor, Dubuque Count7 Recorder
and Dubuque County Auditor.
Passed. approved and adopted this
2nd day of February, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adootion of the
Rssolution. Seconded byBuo[ Motion
carried 6-0
City Manager submitting final levy of
assessments for Reconstruction of
Radford Road from Pennsylvania
Avenue to Chavenelie Road and an
Ordinance prohibi~ng parking on road,
presented and read. Voetbei'g moved
that the communication be received
ana flied. Seconded by Nichoison.
Motion carried 6-0.
Dick McFadden requesting To
address the Council regarding final
assessment of the Radford Road
reconstruction project, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6-0.
Mr. McFadden on behalf of his
mother, Lillian McFadden, spoke
objecting to the proposed assessment.
RESOLUTION NO. 48-98
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR THE RECONSTRUCTION OF
RADFORD ROAD FROM
PENNSYLVANIA AVENUE TO
CHAVENELLE DRIVE INCLUDING
CERTAIN INFORMATION REQUIRED
BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That after full consideration of the
final schedule of assessments anc
accompanying prat showing the
assessments proposed to be made for
the reconstruction of Radford Road
from Pennsylvania Avenue to
Chavenelle ~oad under contract with
Horsfield Construction Company, Inc.
of Epworth, Iowa, which final plat and
schedule were filed in the office of the
City Clerk on the 25th day ef January,
1998, the said schedule of
assessments be and the same is
hereby approved and adopted
That there be. and is hereby
assessed and levied as a special tax
against and upon each of the lots, the
resoective sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the
respective properties benet"~ed by the
improvements as shown in - the
schedule, subject to the provisions of
Section 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in proportion to
!he special benefits conferred and not
in excess of twenty-five percent of the
value of same.
That the City Clerk be and is hereby
directed To certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
certification once each week for two
consecu~ve weeks in the manner
provided in Section 362.3, the first
publication of which shall be not more
than fifteen days from the date of filing
of the final schedule. On or before the
date of the second publication of the
Regular Session, February 2~ 1998
37
notice, the City Clerk shall also mail a
copy of said notice to proper[,/owners
whose property is subject to
assessment, as provided and directed
in Section 384.60 of the Code of
That assessments may be paid in
full or in part without interest at the
office of the County Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the final . schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
wlil draw annual interest at nine (9)
percent (commencing on the date of
acceptance of the work) computed to
the December I next following the due
dates of the respective installments as
provided in Section 384.65 of the Code
of Iowa. Each installment will be
delinquent from October I following its
due date on July 1 of each year.
Property owners may elect to pay any
annual installments semiannually in
advance·
Passed, al~preved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
SCHEDULE OF FINAL
ASSESSMENTS- RADFORD ROAD
The following schedule is hereby
determined to show each lot proposed
to be assessed for the improvement
shown in the title together with the
amount proposed to be assessed
against each lot and the valuations
shown opposite each lot are hereby
fixed as the true valuations of such lots
by the City Council of the City of
Dubuque.
]'OTAL NET ASSESSMENT
DUBUQUE INDUSTRIAL CENTER
DUBUQUE IN FUTURa INC.
LOT 2 SEVENTH ADDITION
$6,975.25
DUBUQUE IN FUTURO INC.
LOT 1 SEVENTH ADDITION Wf2
McFADDEN, LILLIAN
S.E.1/4-NW 1/4 SEC. 29 T89N
R23E $9,956.39
McFADDEN, LILLIAN
N.E. 1/4 NW 1/4 SEC. 29 T89N R2E
$9,707.49
WESTMARK SUBDIVISION
EAGLE POINT SOFTWARE CORP.
LOT 7 $10,197.12
EAGLE POINT SOFTVVARE CORP.
LOT 8 W/7
DUBUQUE INDUSTRIAL CENTER
US WEST COMMUNICATIONS
LOT 1-3-1 FIRSTADDITION
$554.69
DUBUQUE IN FUTURa, INC LOT A TENTH ADDITION
WATER SERVICE ASSESSMENT:
$527.26 $12,546.64
FREIBURGER, KEVIN F. & LEE ANN
LOT 1 TENTH ADD. $7,430.82
DUBUQUE IN FUTURa INC.
LOT 1 NINTH ADD. $4,973.06
THEISEN, LEO A.
LOT 1 StXTH ADDN. $1,403.04
TOTALS:
WATER SERVICE ASSESSMENT:
$527.26 TOTAL NET
ASSESSMENTS: $63,744.50
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 6-0.
An Ordinance Amending Code of
Ordinances by prohib~ng parking on
certain portions of Radford Road (Both
sides from Chavenelie Road to the
northerly City limit), presented and
read.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 6-98
AN ORDINANCE ' AMENDING
SECTION 32-262(D) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA PROHIBITING
PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
ADDING CERTAIN PORTIONS OF
RADFORD ROAD
· 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 to
Subsection (d) of Section 32-262 the
following:
-Radford Road, 'both sidesI from
Chavenalle Road to the northerly City
limit.
Passed, approved and adopted this
2nd day of February, 1998L _
Terranca M. Duggan; Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of
February, 1998.
It 2/6 Mary A. Davis CMC, City Cierk
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
be suspended. Seconded by
Nicholson. Motion carried 6-0.
Voetberg moved final consideration
and passage of the Ordinance.
38 Regular Session, February 2, 1998
Seconded by Nichoison. Motion
carried 6-0.
CH Manager requesting approval to
submit a bid to the Iowa League of
Cities, [ncluding a letter of supper[, to
host their Annual Conference on Sept.
27-29, 2000, and also appoint a City
Council Member to serve as City's
representative, presented and read
Voetberg moved that the request be
approved. Seconded by MichaiskL
Motion carried 6-0. Buol moved that
Council Member Michalski be
appointed as the City's representative.
Seconded by Nicholson. Motion
carried 6-0.
City Manager requesting a public'
nearing be set for February 16, 1998
on the proposed issuance of not to
exceed $2,800,000 Parking Revenue
Capitar Loan Notes, presented and
'ead. MichaiskJ moved that the
communication be received and flied.
Seconded by Nichelson. Motion
carded 6-0.
RESOLUTION NO. 49-98
RESOLUTION FIXING DATE FOR A
MEETING ON THE AUTHORIZATION
OF A LOAN AGREEMENT AND THE
ISSUANCE OF NOT TO EXCEED
$2,800,000 PARKING REVENUE
CAPITAL LOAN NOTES, SERIES
1998, OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF
NOTICE THEREOF
WHEREAS, it is deemed necessary
and advisable that the City of Dubuque,
Iowa. should provide for the
authorization of a Loan Agreement and
the issuance of Parking Revenue
Capital Loan Notes, Series 1998, in the
amount of not to exceed, $2,800,000,
as authorized by Sections 384.24A and
384.82, Code of Iowa, as amended, for
the purpose of providing funds to pay
costs as hereinafter described; and
WHEREAS, the Loan Agreement
and Notes shall be payable solely and
only out of the net earnings of the
Municipal Parking System and shall be
a first lien on the future net earnings of
the Utility; and shall not be general
obligations of the City or payable in any
manner by taxation and the City shall
be in no manner liable by reason of the
failure of the net revenues to be
sufficient for the payment of the Loan
Agreement and Notes; and
WHEREAS, before a Loan
Agreement may be authorized and
Parking Revenue Capital Loan Notes
issued to evidence the obligation of the
City thereunder, it is necessary to
comply with the provisions of the City
Code of Iowa, as amended and to
publish a notice of the proposal and of
the time and place of the meeting at
which the Council proposes to take
action for the authorization of the Loan
Agreement and Notes to receive oral
and/or written objections from any
resident or property owner of the City to
such action.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That this Council meet in
the Carnegie Stout Public Library
Auditorium, 11th and Bluff Streets,
Dubuque, Iowa at 7:00 p.m. on the
16th Day of February, 1998, for the
purpose of taking action on the matter
of the authorization of a Loan
Agreement and the issuance of net to
exceed $2,800~000 Parking Revenue
Capital Loan Notes, Se~ces 1998, to
evidence the obligations of the City
thereunder, the proceeds of which will
be used to provide funds to pay the
costs of refunding outstanding parking
revenue indebtedness of the City.
Section 2. The City Clerk and/or
Finance Director is authorized and
directed to proceed on behalf of the
City with the negotiation of terms of a
Loan Agreement and the issuance of
Parking Revenue Capital Loan Notes,
Series 1998, to a principal amount of
not to exceed $2,800,000, to select a
date for the final approval thereof, to
cause to be prepared such notice and
sale information as may appear
appropriate, to publish and distribute
the same on behalf of the City and this
Council and otherwise to take all action
necessary to permit the completion of
a loan on the basis favorable to the
City and acceptable to the Council.
Section 3. That the Clerk is hereby
directed to cause at least one
publication to be made of a notice of
Said meeting, in a legal newspaper
~rinted wholly in the English language,
~ublished at least once weekly, and
having general circulation in said City,
said publication to be not less than four
clear days nor more than twenty days
before the date of said public meeting
on the ssuance of the Notes.
Section 4. The notice of the
proposed action shall be in
substantially the following form:
NOTICE OF MEETING OF THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA, ON THE
MATTER OF THE PROPOSED
Regular Session, Feb~'Uary 2, t998
39
AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $2,800,000
PARKING REVENUE CAPITAL
LOAN NOTES, SERIES 1998, AND
THE PUBLIC HEARING ON THE
AUTHORIZATION AND ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given
that the Council of the City of Dubuque,
Iowa, will hbld a public hearing on the
16th day of February, 1998, at 7:00
p.m., in the Carnegie Stout Public
Library Auditorium, 11th & Bluff Street,
Dubuque, Iowa, at which meeting the
Council proposes to take additJonei
action for The authorization of a Loan
Agreement and the issuance of not to
exceed $2,800.000 Parking Revenue
Capital Loan Notes, Series 1998, in
order to provide funds To Day the cost
of refunding outstanding aarking
revenue indebtedness of the City. The
Notes will not constitute general
obligations or be payable in any
manner by taxatior., but will be payable
from and secured by the net revenues
of the Municipal Parking System.
At the above meeting, the Counc~
shall receive oral and written objections
from any resident or properbj owner of
the City, to the above action. After all
objections have been received and
considered, the Council will, at this
meeting or at any adjournment thereof,
take additional action for the
authorization of a Loan Agreement and
the issuance of Notes or will abandon
the proposal to issue the Notes.
This notice s given by order of the
Council of Dubuque. iowa, as provide
by Sections 384.24A and 384.83 of the
City Code of Iowa, as amended.
Dated this 2nd day of February,
1998.
MaryA: Davis, City Clerk
PASSED AND APPROVED this 2nd
day of February, 1998.
Torrance M. Duggan, Mayor
ATTEST: MaryA. Davis, City Clerk
Micheiski moved adoption of the
Resolution and set this Public Hearing
for 2-16-98 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
Nicholson. Motion carded 6-0.
City Manager submitting Resolutions
authorizing the publication of official
notices of the public headng on the
Fiscal Year 1999 City Budget,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7~0,
RESOLUTION NO, 50-98
J RESOLUTION SETTING THE DATE
~ OF THE PUBLIC HEARING ON THE
FISCAL YEAR 1999 BUDGET FOR
THE CITY OF DUBUQUE
Whereas, Section 384.16 of the
Code of lnWi~ provides that f~e City
Council shall set a time and place for a
public hearing on the budget before the
final certification date and shall publish
notice before the headng as provided
in Section 362.3 of the Code of towa.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
shall conduct a public headng on the
proposed 1998-99 budget of the City of
Dubuque at the Carnegie Stout Public
Library Auditorium, 360 West 11th
Street, Dubuque, Iowa, on Wednesday,
March 4, 1998, beginning at 7:00
Section 2. That the C~ Clerk be
and is hereby authorized and directed
m publish according zo law notice of
public headng together with the
required budget information.
Passed, approved and adopted this
2nd day of February, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6-0.
RESOLUTION NO, 51-98
SETTING THE DATE OF PUBLIC
HEARING ON THE FIVE YEAR
CAPITAL IMPROVEMENT PROGRAM
Whereas, a proposed five year
Capital Improvement Program for the
City of Dubuque has been prepared
and submitted to the City Council; and
Whereas, the capital projects for the
first year are-included in the Fiscal
Year 1999 budget for the City of
Dubuque; and
Whereas, it is deemed to be in the
best interest of the City of Dubuque to
conduct a public headng and to adopt
the five year Capital Improvement
Program simultaneously with the public
headng and adoption of the Fiscal Year
1999 budget for the City of Dubuque.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
shall conduct a publis hearing on the
five year Capita[ Improvement Program
at the Carnegie Stout Public Library
Auditorium, 360 West 11th Street,
4-0 Regular Session, February 2, 1998
Dubuque, iowa. on Wednesday, March
4 1998, beginning at 7:09 p.m.
Section 2 That the City Clerk be
and is hereby authorized and directee
to eublish notice of [he public headng.
Passed, approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolufion. Seconded by Buol. Motion
carried 6-0
City Manager submitting documents
providing for the bidding process for
the Reconstructior of Radford Road,
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Voetberg.'
Motion carded 6-0.
- RESOLUTION NO. 52-98
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the sroposed ~lans,
specifications form of comram and
estimated cost for the Radford Road
Reconstruction Project, in the
estimated amount of $2,302,461.01
are hereby approved and ordered filed
in the office of the City Clerk for public
inspection.
=assed, adopted and approved this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Michalski moved adoption of the
Resolufion. Seconded by Voetberg.
Motion carried 6-0.
RESOLUTION NO. 53-98
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa '~as given its
preliminary approval on the proposed
plans, soecifications, and form of
con[ract and placed same on file in the
office of the Cffy Clerk for public
inspection of the Radford Road
Reconstruction Project
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, FOWA:
That on the 2nd day of March, 1998,
a public hearing will be held au 7:00
p.m. in the Public Librar~ Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans ana specifications,
form of contract ana cost of said
improvemen[ and the City Clerk be
and is hereby directec to cause a
notice of time and piece of such
hearing to be published in e newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested pemon 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 February 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Voetberg.
Motion carded 6-0.
RESOLUTION NO. 54-98
RESOLUTION OF NECESSITY
Whereas, proposed plans have been
duly prepared and approved by the City
Council of the Cffy of Dubuque and are
now on file in the office of Cb Clerk
showing among other things the plans,
specifications form of contract
estimated cost and preliminary plat and
schedule showing the amount
proposed to be assessed against each
lot and the valuation of each lot as filed
l by the City Council, for the Radford
Road Reconstruction Project.
NOW THEREFORE BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. iOWA:
That the City Council deems it
advisable and necessary for the public
welfare To make the herein m~ntioned
improvements, and unless property
owners at the time of the final
consideration of this proposed
resolution have .on file with the City
Clerk objections To [he resolution of
necessity, they shall be deemed To
have waived ali objections ~ertaining to
the regularity of th~ proceedin~ and the
legality of usmg the special
assessment procedure.
Said improvements shall be
constructed and done ir accordance
with the plans and specifications which
nave been approved by the City
Council and now on file with the City
Clerk. Thai the cost and expense cf
making such imorovement will be
assessed partially or totally against
privately owned property lying with the
assessment limits, anem an amount
not to exceed that provided by law, and
in proportion to the specie benefits
Regular Session,
conferred.
The portion of the cost which shall
be borne by the CH will be paid from
Street Construction Fund, Local Option
Sales Tax Fund, Sanitary Sewer
Construction Fund and Water
Depreciation Fund and special
assessment bonds may be issued in
anticipation of deferred payments of
assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the
contractor.
The above resolufon was
introduced, approved and ordered
placed on file with the City Clerk this
2nd day of Febroary, 1998.
Approved and placed on ilia for final
action.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, CH Clerk
Michalski moved adoption of the
Resolution. Seconded by Voetberg.
Motion carried 6-0.
RESOLUTION NO. 55-98
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City
of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, spec~cations and form of
contract and placed same on file in the
office of the City Clerk for public
inspection, for the Radford Road
Reconstru~on Project; and
Whereas, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on tile in
the Cfty Clerk's o~ce for public
inspection.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That on the 2nd day of March, 19Q8,
a public hearing will be hem at 7:00
o'clock p.m. in the Pub;ic Library
Auditorium in the City of Dubuque at
which time the owners of property
?b. iect to assessment for the proposed
Improvement or any other person
having an interest in the matter may
appear and be heard for or agafnst the
making of the improvement, the
boundaries of the district, the cost, the
assessment against any lot, or the final
adoption of a rssolution of necsss~
and the City Clerk be and is hereby
authorized and directed to cause a
notice of time and place of such
hearing to be published in a new~paper
having genera[ circulation in the City of
Dubuque, Iowa, which notice shall be
41
published once each week for two
consecutive weeks, the first publication
of which shall be not less than ten days
prior to the day fixed for its
consideration. Unless property owners
at the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
Resolution of Necessity they shall be
deemed to tiav.e waived all objections
thereto.
Passed, adopted and approved this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Michalski moved adop~on of the
Resolufion. Seconded by Voetberg.
Motion carcied 6-0.
RESOLUTION NO. 56-98
RESOLUTION ' APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
-That the attached sheet are hereby
determined to be the schedule of
proposed assessments for the Radford
Road Reconstruction Project and the
valuations set out herein are hereby
approved.
Passed, approved and adopted this
2nd day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adopfion of the
Resolution. Seconded by Voetberg.
Motion carried 6-0.
There being no further business,
Michalski moved to adjourn. Seconded
by Buol. Motion carded 6-0. The
meeting adjourned at 8:32 p.m.
/s/Mary A. Davis CMC
City Clerk
Regular Session, February 2, 1998
Council Members
City Clerk~ ~
Special esslon, February 9, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, February 9, 1998
Council Met at 6:00 P.M. Public Ubrary
Aud~todum.
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
conduct a Public Headng on the
Proposed Annual Action Plan for the
use of Community Development Block
Grant Funds for Program Year 24; July
1, 1998 to June 30, 1999.
Proof of Publica~a'on, cer~ed to by
the Publisher, on Notice of Headng to
obtain comments from c~izens relative
to Proposed Annual Action Plan for use
of Communi~, Development Block
Grant Funds for Program Year 24;
June 1. 1998 to June 30, 1999,
presented and read. Voetberg moved
that the proof be received and filed.
Seconded by Buol. Motion carded 7-0.
No commen[s were received from
citizens, however, comments were
made by City Counc~ members.
Meeting recessed at 6:53 P.M. and
Preliminary FY'99 Budget Headngs for
the following departments were held:
Community/Economic Development,
Planning= Housing, Health and Water.
Regular session reconvened at 9:09
P.M
43
Meeting reconvened at 9:50 P.M.
with statement that Staff had been
given proper direction from the Council.
There being no further business,
Buol moved to adjourn the meeting.
Seconded by Michalski.
Motion carded 7-0. The meeting
adjourned at 9:51.
Is/Mary A. Davis CMC
· City Clerk .
Appreved~, 1998
Council Membem
ity lerk~ ~
Voatberg moved to go into Closed
Session in accordance with Chapter
21.5 l(j) 1997 Code of Iowa to discuss
the purchase of pa~cular real estate
where premature disclosure could be
reasonably expected to Increase the
pnce the governmental body would
have to pay for that property.
Seconded by BuoL Motion Carried 7-0.
44 Regular Session, February 16, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
February 16, 1998.
Councir Met au 7:00 p.m., ~ublic
Library Auditorium.
Present: Mayor Duggan, Council
Members 9uol, Markham. Michalski,
Nicheison. Robbins, Voetberg, City
Manager Michael Van Mil[igen,
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
propedy come before the Council
Invocation was given by Rev. Bob
Weinhold. Pastor of St. Paul Lutheran
Church.
PROCLAMATIONS -- Fei:. 22-28 as
"Big Brother/Big Sister Awareness
Week" received by Sue Barnes; Feb.
23 as "Tuskegee Airmen Day" received
by Christopher Kaufman.
MINUTES SUBMITTED -- Airport
Commission of 1-19: Investment
Oversight Advisory Commission of 1-
14-98, 3resented and rea(~. Voetberg
moved that the minutes be received
and tiled. Seconded by Micheiski.
Motion carded 7-0.
Council proceedings for month of
November, 1997 for approval,
Presented and reaa. Voetberg moved
that the proceedings be approved as
arinted. Secondec by Mfchaiski.
Motion carried 7-6.
Finance Director submitting
Financial Report for period ending
January 31, 1998, presented and read.
Voetberg moveo that the report be
received and filed. Seconded by
MichalskL Motion carded 7-0.
NOTICES OF CLAIMS/SUiTS --
Ludwig Brenner in amount of $2000.00
for vehicle damages; Nelson Klavitter
'q amount of $1749.69 for property
damages; Jenny Kress in amount of
$54.80 for tire damages; Richard
Meehan in amount of $283.15 for
vehicle damages; Terry Patzner in
unknown amount for personei injuries,
presented and read. Voetberg moved
that the c a ms and suits be referred to
the Legal Staff for investigation ana
repor~ Seconded by Michalski. Motion
carried 7-0.
Corporation Counsel advising
following claims have been referred ro
Public Entity Risk Services of Iowa, the
agent for the iowa Communities
Assurance Pool: Persona[ mjuw and
vehicle damage of Jerry Breitbach'
Property damage of Curtis J. t4arks,
presented and 'ead Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carded 7-0.
Corporation Counsel recommending
denial of property damage claim of
John Steffen, presented and read.
Voetberg moved that the
communication be received and tiled.
Seconded by Michaiski. Motion carded
7-0.
Corporation Counsel recommending
settlement of vehicle damage claim of
Peter Darby in amount of $213.42 and
direct Finance Officer to issue check.
presented and read. Voetberg moved
that the communication be received
and tiled and settlement approved and
Finance Director to issue proper check.
Seconded b', Michaiski. Motion carded
7-0.
City Manager recommending
approva of a grant application for
Transient Boat Docks in the Ice Harbor,
presented and reao. Voetberg moved
that the communication be received
and flied and recommendation
approved. Seconded by MichaiskL
Motion carded 7-0.
Zoning Advisory Commission
advising of their approval of plat of
survey of Fenelon Point Subdivision,
oresented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 57-98
A RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT 1 OF 2
AND LOT 2 OF 2 OF FENELON
POINT SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas, mere has been flied with
Reqular session, ~eb~b~ry ~e, 1998
45
the City Clerk a plat of survey of Lot 1
of 2 and Lot 2 of 2 of Fenelon Point
Subdivision in the City of Dubuque,
Iowa;
Whereas, said plat provides zero (0)
feet of frontage for Lot 2 of 2, where 60
feet is required, and 716 square feet of
lot area, where 6,000 square feet is
required; and Lot 1 of 2 has 5,263
square feet of lot area, where 6,000
square feet is required by Section 42-
19(b) of the Subdivision Regulations;
and
Whereas, said plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and .
Whereas, aaid survey plat has been
examined by the C~ Council and they
find that it conforms to the statutes and
ordinances rsiating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot 2 of 2 of Fenelon Point
SubdMsion to have zero (0} feet of
frontage, where 60 feet is required, and
716 square feet cf lot area, where
5,000 square feet is required; and to
allow Lot I of 2 to have 5,263 square
feet of lot area, where 6,000 square
feet is required
Section 2. That the plat of survey of
Lot I of 2 and Lot 2 of 2 of Fenelon
Point Subdivision, in the City of
Dubuque, Iowa, is hereby approved
aec the Mayor and City Clerk are
hereby authorized and directed to
endorse the approva of the City of
Dubuque. Iowa, upon said final plat
Passed, approved and adopted this
'i6th day of February, 1998.
Terrensa M. Duggan, Mayor
Attest. Mary A: Davis, City Clerk
Voetberg moved adoption of the
:~esolution. Seconded by MichaiskL
Motion carried 7~0.
Zoning Advisory Commission
advising of their approval of Survey
Plat of Tamarack S.E. 2nd Subdivision.
presented and read. Voetberg move(~
that the communication be received
and flied. Seconded by Michsiski.
Motion carried 7-0.
RESOLUTION NO. 58-98
RESOLUTION APPROVING THE
SURVEY PLAT OF LOT 1 AND 2 AND
LOT 2 OF 2 OF TAMARACK S.E.
SECOND SUBDIVISION IN DUBUQUE
COUNTY, IOWA.
Whereas, there has been filed with
the City Clerk a Plat of Survey of Lot 1
and 2 and Lot2 of 2 of Tamarack S.E.
Second Subdivision in Dubuque
County, Iowa.
Whereas, said plat provides zero (0)
feet of frontage for Lot 2 of 2, where 60
feet is required by Section 42-19(b) of
the Subdivision Regulations; and
Whereas, said plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said pist of survey has
been examined by the City Council and
they find that it conforms to the statutes
and ordinances relating to it.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1: That Se~on 42-19(b) (~f
the SubdMsion Regulations s wa red
to a Iow Lot 2 of 2 of Tamarack S.E.
Second Subdivision in Dubuque
County, Iowa to have zero (0) feet of
frontage, where 60 feet is required.
Section 2. That the plat of survey
of Lot I and 2 and Lot 2 of 2 of
Tamarack S.E. Second Subdivision in
Dubuque County, Iowa is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque upon said plat.
Passed, approved and adopted this
16th day of February, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davi~, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0
Dubuque Racing Association
submitting their Capital Improvements
Projects schedule detailing
expenditures for 1998 and requesting
concurrence and approvaJ, presented
and read. Voetberg moved that the
communication be received and filed
and approved request. Seconded by
MichalskJ.. Motion carried 7-0. -
City Manager recommending
approval of request of DRA, presented
and read. Voetberg moved that the
communication be received and liled.
Seconded by MichalskL Motion carried
City Manager recommending
approvsi of grade and pave project for
East portion of kenne; compound for
Dubuque Racing Association,
j prasented and read. Voetberg moved
that the communication be received
and filed and approved
46 Regular Session, February 16, 1998
recommendation. Seconded by
Michalski. Motion carded 7-0.
Copy of Letter executed by Mayor
Duggan supporbng installation of
additional 45 slot machines a[ the
Dubuque Greyhound and Casino Park.
presen[ea and read. Voetberg moved
that the communication be received
and filed. Seconded by Michaiski.
Motion carded 7-0.
Copy of letter sent to area legislators
opposing the passage of Senate File
2092 which provides for the reduction
or the amount of sales tax the City
collects on Hospital Services,
presented and read. Voetberg movec
that the communication be received'
and flied. Seconded by Michalski.
Motion carried 7-0.
Copy of correspondence forwarded
to State Legislators advising that the
concern on the use of cdminal records
check for housing applicants is no
longer needed, presented and read.
Voetberg moved that the
communication be received and flied.
Secc qded by Michalski. Motion carded
City Manager submitting applications
received for tax exemptions in Urban
Revitalization areas and
recommending approval, presented
and read. Voetberg moved that the
communication be received and filed
Seconded by Michaiski. Motion carded
RESOLUTION NO. 59-98
RESOLUTION APPROVING
RESIDENTIAL PROPERTY TAX
EXEMPTION APPLICATIONS
SUBMITTED BY PROPERTY
OWNERS IN RECOGNIZED URBAN
REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL
OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, the Urban Revitalization
Act allows cities to give property tax
exemptions for improvements made [o
propedies in designated revitalization
areas; and
Whereas. the Urban Revitalization
Act requires preper[y owners to submit
a wdtter app~cation for exemption by
February 1st of the assessment year
for which the exemption is first claimed
and further requ res the City Council to
approve ali applications that meet the
requirements of the adopted Urban
Revitalization Plan and forward the
approved applications to the City
Assessor for rewew by March 1st of
each year; and
Whereas. pursuant to the
requirements of said Urban
Revitalization Act, the fo[lowing Urban
Revitalization Areas were established:
Cathedral Gardens, Jackson Park,
Holy Trinity, Washington Street, West
11th Street, Windsor Park, Sacred
Hear~ Place, and Upper Ma[n; and
Whereas, the City Clerk of the City
of Dubuque, as of February 1, 1998
received tax exemption applications
from the following property owner for
Droperty located within established
urban revitalization districts:
Up,)er Main Urban Revitalization
District'
TFM Company for improvements ar
1150 Main Street
Jackson Park Urban Revitafi7afigr~
Districti
Jan Oswald for ~mprovements at
1407-1409 Main Street
Carol Ann Learman for
improvements at 1666 JacKson Street
Loren Kringle for improvements at
1320 Locust Street
Michael and Eunice Adams for
improvements at 650 West 17th Street
Washington Street Urban
Revitalization District:
Theresa Cladwell for improvements
at 1633 Elm Street
West 11th Street Urban
Revitalization District:
David and Joan Noon for
improvements at 1245 Grove Terrace
Leonard and Susan Uhal for
improvements at 921 Rose Street
Donald and Patdcia Myers for
improvements at 563 West 11th Street
Steven Gudenkauf for ~mprevements
at 561 Loras Boulevard
Steven Gudenkauf for mDrevements
at 553 Lores Boulevard
John and Judy Connoliy for
improvements at 1289 Walnut Street
Lyle and Anna Elliott for
improvements at 767 University
Avenue
Whereas the Community and
Economic Development Deoarb'nent
and the Housing Services Department
have reviewed the above described
applications, have inspected the
properties, and have determined that
the applications and the improvements
conform to all reouirements of the City
of Dubuque's Urban Revitalization
Program.
NOW, THEREFORE, BE T
RESOLVED BY THE CiTY COUNCIL
47
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the above-described
tax exemption applications meet the
requirements of the Cb of Dubuque's
Urban Rev~ation Program.
Section 2. Thatthe above descdbec
tax exemption applications are hereby
approved by the City Council, subject
to the review and the approval of the
City Assessor.
Secfion 3. Thatthe Cb Clerk of the
Cb of Dubuque is hereby authorized to
forward the above described tax
exemption applications to the City
Assessor.
Passed, approved and adopted this
16th day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 60°98
RESOLUTION APPROVING
RESIDENTIAL PROPERTY TAX
EXEMPTION APPLICATIONS
SUBMITTED AFTER THE
LEGISLATED FILING DATE: BY
PROPERTY OWNER IN A
RECOGNIZED URBAN
REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL
OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, the Urban Revitalization
Act, as enacted by the 68th General
Assembly of the State of iowa, allows
cities to give property tax exemptions
for improvements made to properties in
designated revitalization areas; and
Whereas, the Urban Revitalization
Act requires property owners to submit
a written application for exemption by
February 1st of the assessment year
for Which the exempfion is first claimed,
yet provides for the acceptance, by
Resolution of the City Council, of
applications flied beyond the legialated
deadline; and ~'
Whereas, the 'City Clerk of the Cb
of Dubuque has received tax
exemption applications for
improvements made in previous years
from the following property owners for
properties located within established
urban revitalization districts:
.West 11th Street Urban
- Revitalization District:
Donald and Patricia Myers {or
improvements made in 1996 at 563
West 11th Street. -
Jackson Park Urban Revitali~On
District
Jan Oswald for improvements made
in 1993 and 1995 at 1407-1409 Main
Street
Thomas Engalken for improvements
made in 1995 at 1659 iowa Street
Washington Street Urban
Revlt~li?atio n District
William KIuck for improvements
made in 1996 at 1852 White Street
Whereas, the Community and
Economic Development Depar[ment
and the Housing Services Department
have reviewed the above-described
applications have inspected the
properly, and have determ ned that the
application and the improvements
conform to ail requirements of the City
of Dubuque's Urban Revitalization
Program and its policy regarding the
acceptance of late filings.
NOW,- THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe above-described
tax .exemption applications meet the
requirements of the City of Dubuque's
Urban Revitalization Program.
Section 2. That the above described
tax exemption applications are hereby
approved by the City Council, subject
to the review and the approval of the
City Assessor.
Section 3. That the City Clei'k of the
City of Dubuque is hereby authorized to
forward the above-described tax
exemption applications to the
Assessor.
Passed, approved and adopted this
16th day of February, 1998.
.... Terrance M Duggan Mayor
Attest: Mary A: Davis, City Clerk
Voetherg moved adoption of the
Resolufion. Seconded by Michalski.
Motion carried 7-0. -
~-" Cb :' -: Manager ::L: recommending
approval of License Agreement with
Seneca Environmental Se~ces; Inc,;
md read..Voetberg moved
that the communication be received
and filed. Seconded. by Michalski.
Motion carried 7-0. ::
RESOLUTION NO. 61-98
RESOLUTION AUTHORIZING
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND
SENECA:~ ENVIRONMENTAL
SERVICES, ~ INC. TO INSTALE
MONITORING WELLS ON PUBLIC
RIGHT-OF-WAy AT 1387 DODGE
STREET
Whereas, Seneca Environmental
Services, Inc. on behalf of the Iowa Oil
Regular Session, February 16, 1998
Company has requested permission
from the City of Dubuque to install
monitoring wells on City right-of-way ar
105 Locust Straetin Dubuque, owa for
the purpose of essess~ng current
groundwater conditions at and
surrounding the properb/; anc
Whereas. the License Agreement
Right-of-Entry for Site Assessment has
been preparec outlining the
responsibilities of Seneca
Environmental Services, Inc. and the
iowa Oil Company in the installation of
the monitoring wells on public right-of-
way; and
Whereas, the performance of the
activities of Seneca E. nvironmental
Services, Inc. will be at no cost or
expense to the City, and all work will be'
3erformed by the Licenses, or its
employees, agents or subcontractors;
and
Whereas. it is the desire of the City
Council to enter into said License
Agreement for the installation of
monitoring wells in the pubtic right-of-
way as requested.
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The License Agreement
for Right-of-Entr~ for Site Assessment
be and the same is hereby approved
Section 2 That the Mayor be and is
hereby authorized to execute said
Ucense Agreement for and on behalf of
the City Council
Passed, approved and adopted this
16th day of February, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Voetbarg 'noved adopfion of the
Resolution. Seconded by Michalski.
Motion carried 7-0
City Manager recommending
apprava of License Agreement with
Seneca Environmental Services, Inc.,
Drasented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
MeUon carried 7-0.
RESOLUTION NO. 62-98
RESOLUTION AUTHORIZING
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND
SENECA ENVIRONMENTAL
SERVICES, INC. TO INSTALL
MONITORING WELLS ON PUBLIC
RIGHT-OF-WAY AT 105 LOCUST
STREET
Whereas, Seneca Enviranmental
Services, [nc. on behalf of the James
Hadley Trust has requested permission
from the City of Dubuque to nstall
monitoring wells on City right-of-way at
105 Locust Street in Dubuque, Iowa for
the purpose of assessing current
groundwater cond~ons at and
surrounding the property; and
Whereas, the License Agreement
Right-of-Entry for Site Assessment has
been prepared outlining the
responsibilities of Seneca
Environmental Se~Mces, Inc. and the
James Hadley Trust in the installation
of the monitoring welIs on public right-
of-way; and
Whereas, the performance of the
activities of Seneca Environmental
Services, Inc. will be at no cost or
expense to the City, and all work will be
performed by the Licensee. or its
employees, agents or subcontractors;
and
Whereas. it is the desire of the City
Council to enter into said License
Agreement for the installation of
monitoring wells in the public right-of-
way as requested.
NOW. THEREFORE. BE IT
RESQLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. The License Agreement
for Right-of-Entry for Site Assessment
be and the same is hereby approved.
Section 2. That the Mayor be and is
hereby authorized to execute said
License Agreement for and on behalf of
the City Council.
Passed, approved and adopted this
16th day of February, 1998.
Terrance M. Duggan, Mayor
Attest Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski.
Motion carded 7-0.
City Manager submitting copie~ of
letters to Legislators on various issues
which are of interest to the. Ci~ of
Dubuque, presented and' read
Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
City Manager responding to HUD on
FY'97 Open Audit Funding, presented
and read Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Motion carded
7-0.
Asbury Mayor subm~ng copy of
Asbury's annexation study, presented
and 'ead. Voetberg moved that the
communication be received and tiled.
Reqular Sessioni FebrUary 16~ 1998
49
Seconded by Michalsld. Motion carded
7-0.
Planning Services Department
submitting their final report on
Program/Service Review, presented
and read. Voetberg moved that the
communication be received and filed.
Seconded by Michalski. Moflon carded
7~9.
RESOLUTION NO. 63-98
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the fallowing having complied
w~ the provisions of law relaflng to the
sale of Cigarettes within the C~;y of
Dubuque, Iowa, be granted a permit to
sail Cigarettes and Cigarette Papem
withi~ said City.
Chades E. Steffen Tony's Place
1701 Central Ave
Passee, approved and adopted this
16th day of February, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michaiski.
Motion carded 7-0.
RESOLUTION NO. 64.98
Whereas, applications for B~er
Permits have been submitted and flied
to this Council for approval and the
same have bee~ examined and
approveo; 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 relieving named
applicants a Beer Perm[
CLASS 'B' BEER PERMITS
Gala;des, Inc. Galaxies Inc.
3203 Jackson
George Stephenson
Bunker Hill Golf Course + Sunday &
Outdoor Sales Bunker Hill Road
CLASS 'BE' BEER PERMIT
Nash Finch Co. EconoFeods ~471
& Sunday Sales
3355 J.F. Kenneay Rd.
CLASS 'C' BEER PERMITS
TBTB INC. Cedar Cross Amoco
+ Sunday Sales 1010 Cedar Cross
Hill Street Plaza mc.
Ok,/DOE',/Food ~ + Sunday Sales
535 Hill St.
Lee W. Potter, Sr. Lee's 76 West
Locust + Sunday Salss
408 W. Locust
Mo[o Oil Co. Big 10 Mart
+ Sunday Sales
2100 John F. Kennedy Rd.
Passed, approved and adopted this
16th day of February. 1998.
Terranca M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michaiski.
Motion carded 7-0.
RESOLUTION NO. 65-98
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have beer) examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and ail City Ordinances
relevant thereto and they have flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOW~
That the Manager be authored to
cause to be issued the following named
applicants a Uquor License.
CLASS 'C' (COMMERCIAL)
BEEPJLIQUOR LICENSE
Apartments Ltd Corp
Dubuque Mining Co. + (Sunday Sales)
555 J.F.K. Rd
James W. Goetzinger Goetz's
+ (Sunday Sales) 2776 JacKson
Town Clock Inn Inc.
Town Clock Inn Town Clock Plaza
Hammerheads Bar & Billiards
Hammerheads Bar & Billiards+
(Sunday Sales) 2095 Kerper
Charles E. Steffen Tony's Place
+ (Sunday Sales) 1701 Central Ave.
CLASS 'B' 0NB) WINE
Dubuque Religious Center Inc.
Dubuque Religious Center
923 Main St.
Passed, approved and adopted this
16th day of February, 1998
Torrance M. Duggan, Mayor
Attest: Mary A. Davis. City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michaisld.
Motion carded 7-0.
BoARDs AND COMMISSIONS:
Individuals invited to address the
Council to express their interest to
serve on-the following Board or
Commission.
COMMUNITY
COMMISSION
DEVELOPMENT
_50 Regular Session, February 16, 1998
Applicants: Kathy Bauedy, Jim
Giesen and :~obert Schmit. Robert
Schmit & Jim Giesen spoke requesting
consideration.
ENVIRONMENTAL STEWARDSHIP
COMMISSION
Applicants: Cindy Post and Sarah
Schneider. Cindy Post & Sarah
Schneider both spoke requesting
consideration.
HOUSING CODE APPEALS
BOARD
App]icant: Thomas Swift.
PLUMBING BOARD
Applicant: Paul J. Pap[n
(Journeyman}. Mr. Papin spoke
requesting consideration.
HUMAN RIGHTS COMMISSION -
Appointment to be made for a three-
year mrm which will expire 1-1-01.
Applicants: Raydora Drummer and
Marty O'Shea Vote on the
appointment was as follows: Duggan
voted for O'Shea; Buol voted for
Drummer; Markham voted for
Dr~ 'nmer; Michalski voted for
Drummer' Nishoison voted for O'Shea;
Robbins voted for O'Shea: Voetberg
voted for Drummer. Therefore,
Raydora Drummer appointed to the
three-year term which will expire 1-1-
01
Michalski moved to suspend the
ru~es to allow anyone present to
address the Council if they so desire
Seconded by Robbins. Motion carded
7-0.
Proof of publication cer'dfied to by
the Publisher on Notice of Public
Headng on the authoriza~on of a Loan
Agreement and the issuance of Notice
not to exceed $2,800,000 Parking
Revenue Capital Loan Notes, Series
1998, presented and read. Buol
moved that the proof be received and
tiled. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 66-98
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN
AGREEMENT AND THE ISSUANCE
OF NOT TO EXCEED $2,800,000
PARKING REVENUE CAPITAL LOAN
NOTES, SERIES 1998
Whereas, pumuant to notice
published as required by law, this
Council has herd a public meeting and
hearng upon the proposal to institute
proceedings for the authorization of a
Loan Agreement and the issuance of
not to exceed $2,80C,000 Parking
Revenue Capital Loan Notes, Series
1998. for the purpose of paying costs
of refunding outstanding parking
revenue indebtedness of the City, and
has considered the extent of objections
receives from residents or property
owners as to said proposal and,
accordingly the following action is now
considered to be in the best interests of
the City and residents thereof:
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That this Council does
hereby institute proceedings and takes
additional action for the authorization of
a Loan Agreement and issuance in the
manner re(~uired by [aw of mot [o
exceed $2.800.000 Parking Revenue
Capital _can Notes, Series 1998= for
the foregoing purpose.
Section 2. That this Resolution be
and does hereby serve as a declaration
of official intent under Treasury
Regulation 1.I50-2, because the City
reasonably expects to reimburse with
the ~roceeds of the Notes all or a
portior of original expenditures
incurred in connection with the above
purpose.
Passed and approved this 16th day
of Februa~, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Proof of publication certified to by
the Publisher on Notice of Hearing on
Plans & Soecs. for Atlantic and Custer
Street Storm Sewer Improvement
project, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by Buol.
Motion carried 7~0.
RESOLUTION NO. 67-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 14th day of
January, 1998, plans, specifications,
form of contract and estimated cost
were tiled with the City Clerk of
Dubuque Iowa for the Atlantic and
Custer Street Storm Sewer
Improvements.
Whereas, notice of headng on plans,
specifications, form of contract, and
51
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
QF 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, adopted and approved this
16th day of February, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resalution. Seconded by BuoL Motion
carded 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. Voetberg moved that the proof
and communication be received and
tiled. Seconded by Buol. Motion
carded 6-0.
RESOLUTION NO. 6~-9~
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Atlantic and Custer Storm Sewer
Improvements pursuant to Resolution
No. 26-98 and notice to bidders
published in a newspaper published in
the City of Dubuque; Iowa on the 22nd
day of January, 1998.
Whereas, said sealed proposals
were opened and read on the 5th day
of February, 1998 and it has been
determined that the bid of Horstieid
Construction Company, Inc. of
Epworth, iowa in the amount of
$32,597.88 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 Horsfield
Construction Company, Inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
performance 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
16th day of February, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A: Davis, Cit7 Clerk
Voatberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
Proof of publication cer~ed to by
the Publisher on Notice of Hearing on
Plans & Specs. for Curtis and State
Street Storm Sewer Reconstruction,
presented and read. Michalsid moved
that the communication be received
and tiled,, Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 69-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 14th day of
January, 1998, plans, specifications,
form of contract and estimated cost
were tiled with the City Clerk of
Dubuque, Iowa for the Curtis and State
Street Storm Sewer Reeonstruc~on.
Whereas, notice of headng on plans,
specifications, 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, adopted and approved this
16th day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolu§on. seconded by Robbins.
Motion carded 7~0.
Proof of p~Jblication certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and City
Manager recommending to award
contract for project, presented and
read. MishaiskJ moved that the proof
and communication be recek, ed and
flied. Seconded by Robbins. Motion
carded 7-0.
RESOLUTION NO. 70-98 '
AWARDING CONTRACT
Whereas, sealed proposals have
been submffted by contractors for the
52. Regular Session, February 16, 1998
Curtis and State Street Storm Sewer
Reconstruction pursuant to Resolution
No 32-98 and notice to bidders
published in a newspaper published in
the City of Dubuque, Iowa on the 22nd
day of January, 1998.
Whereas. said sealed proposals
were opened and read on the 5th day
of February, 1998 anc it has been
determined that the bid of Fondeli
Construction Services of Dubuque,
Iowa in the amount of $29,484.03 was
the lowest bid for the furnishings of all
labor and materials and per~orming the
work as provided for in the alans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement De awarded [o Fondell
Construction Services and the Manager
be and is hereby directed to execute
contract on behalf of the City of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the appraval of the
contractor's bond. the Cky Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
16th day of February, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis. City Clerk
MichalskJ moved adoption of the
Resolution. Seconded by Robbins.
Motion carried
Proof of sublication certified to by
the Publisher on Notice of Headng on
Plane & Specs. for Keyway interceptor
Sanitary Sewer Repair Project,
presented and read. Robbins moved
that the communication be received
and tiled. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 71-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 14th day of
January, 1998, plans, specifications,
form of contram and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Keyway
Intercep[or Sanitary Sewer Repair
Project.
Whereas notice of hearing on plans,
specifications, form of con[tact, aha
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 slans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications form of contract and
estimated cost far said imorovements
for said project.
Passed, adopted and approved this
16th day of February, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins movea to adopt the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and City
Manager recommending To award the
contract for project, presented and
read. Robbins moved that the proof
and communication be 'eceived and
tiled. Seconded by Nicholson. Motion
carded
RESOLUTION NO, 72-98
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted By contractors for the
Keyway Interceptor Sanitary Sewer
Repairs pursuant to Resolution No. 29-
98 and notice to bidders DUblished in a
newspaper published in the City of
Dubuque, owa on the 22nc day of
January, 1998.
Whereas, saic sealed proposals
were opened and read on the 5th day
of February, 1998 and it has been
determined that the bid of Tschiggfde
Excavating of Dubuque, Iowa in the
amount of $31,485.00 was the lowest
bid for the furnishings of ali labor ana
materials and performing the work as
provided for in the plans and
specifications.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Tschiggfde
Excavating and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuaue for the
complete oerformance 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 me unsuccessful
bidders
Passed, approved and adopted this
16th day of February, 1998.
Terrance M. Duggan, Mayor
53
Afl`est: Mary A. Davis, City Clerk
Robbins moved to adopt the
resciution. Seconded by Nichoison.
Motion carried 7-0.
City Manager recommending to
provide a Tax Increment Financing
funded Downtown Rehab~itation
to Secur~ Partners, LP., presented
and read. Buol moved that the
communication be received and tiled
and recommendation approved.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 73-98
A RESOLUTION AUTHORIZING A
LETTER OF COMMITMENT AND
ADDITIONAL ACTIONS
CONCERNING A DOWNTOWN
REHABILITATION LOAN TO
SECURITY PARTNERS, L P.
Whereas, the City of Dubuque, iowa,
has crested a Downtown Rehabilitation
Loan Program for the purpose of
stimulating reinvestment in the
Downtown Dubuque Urban Renewal
District; and
Whereas, .the C~ of Dubuque, Iowa
is encouraging the use of this toan
program to tinance code compliance
actMties and to spur job creation
activities; and
Whereas, the loan application from
the Security Partners, L. P. meets the
requirements of this program; and
Whereas, a Commitment Letter,
hereto afl`ached and by this reference
made a part hereof, sets forth the
terms and conditions of Security
Partners, L. P.'s padjcipation in the
Downtown Rehabilitation Loan
Program.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the application of
.Security Partners, L. P. for paNcipation
tn the Downtown Rehabilitation Loan
Program is hereby accepted and
approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the
City Council of the City of Dubuque,
Iowa, the afl`ached Commitment Letter
and to forward said letter to Security
Partners, L. P. for review and approvsi.
Section 3. That the City Manager be
and he is hereby directed to prepare,
upon execution and receipt of the
attached Commitment Letter by the
applicant, the necessary loan
documents in accordance with the
terms and conditions set forth in said
Commitment Left`er.
Section 4. That the City Manager is
hereby authorized to execute, on behalf
of the City Council of the City of
Dubuque, iowa, all necessary loan
documents and is further authonzed to
disburse loan funds from the Downtown
Rehabilitation Loan Program, in
accordance with the terms and
concrr~ons of the executed agreement.
Passed, approved and adopted this
16th day of February, 1998.
Torrance M. Duggan, Mayor
Attes'c Mary A. Davis, City Clerk
Buot moved adoption of the
Resolution. Seconded by Markham.
Motion carded 7-0.
City Manager recommending City
contract With the National Cdme
Prevention Council 'to assist the
Community Based Task Force;
~resented and read. Voetberg moved
that the communication be received
and flied and recommendation
approved. Seconded by Michaiski.
Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to amend
Zoning Ordinance pertaining to
Business Services, to include sign
painting, presented and read.
Michalski moved that the
communication be received and flied.
Seconded by Voetberg. Motion carded
7-0.
An Ordinance Amending Zoning
Ordinance by amending Zoning
Ordinance by adopting a new Section
3;3.2(B)(23) in lieu thereof pertain ng to
Business Services, to inciude Sign
Painting, presented and read.
Michalski 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 tinally
suspended. Seconded by
Voetberg. : Motion carded 7-0.
Michaiski moved that a Public Headng
be held on the proposed Ordinance on
the 2nd day of March, 1998 at 7:00
p.m, in the Public Library Auditorium
and that the City Clerk publish notice in
the manner presedbed by law.
Seconded by Voetberg. Motion carded
'7-0..
Zoning Advisory Commission
advising of their approval to amending
PUD to allow a mini-warehousing and
storage facil~ as requested by Pat
Tobin, presented and read. Buol
moved that the communication be
54 Regular Session, February 16, 1998
received and tiled. Seconded by
Markham. Motion carried 7-0.
An Ordinance Amending Zoning Map
by providing for the amendment of
Qrdinance No, 77-95, which adopted
regu[afions for properly located South
of 1095 Cedar Cross Road as a PUD
Planned Unit Development Distdct with
a PC Planned Commercial Distdct
designation and adopfing a revised
Conceptual Development Plan, with
conditions, presented and read. Buol
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council Meetings prior to the meefing
at which it is to be finally passed be
suspended. Seconded by Markham.
Motion carried 7-0: Buol moved that a
Public Hearing be held on the
proposed Ordinance on the 2nd dayof
March, 1998 at 7:00 p.m. in the Public
Library Auditorium and that the City
Clerk publish nofice in the manner
prescribed by !aw. Seconded by
Markham. Motion carried 7~0.
Zoning Advisory Commission
advising of their approval to rezone
property on Bios Ddve from R-1 to R-2
District, presented and read. Buol
moved that the communicafioc be
received and filed. Seconded by
Robbins. Motion carried 7-0
An Ordinance Amending Zoning Map
by reclassifying proper~ located North
of Daniels Street, East of Bies Drive
from R-1 Single-Family Residential
District to R-2 Two-Famiiy Residential
District. Presented and read. Buol
moved that [ne requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council Meetings pnor to the meeting
at which ~t is to be finally passed be
suspended Seconded by Robbins.
Motion carried 7-0. Buol moved [hat a
Public Hearing be held on the
proposed Ordinance on the 2nd day of
March. 1998 at 7;00 o.m. in the Public
Ubrary Auditorium and that the City
Clerk publish notice in the manner
prescdbed ey law. Seconded by
Robbins. Motion carried 7-0.
Zoning Advisory Commission
advising of their approval to amend
Zoning Ordinance to allow
freestanding/monument signs in the C-
5 Business District. presented and
teac. Voetberg moved that the
communication be received and tiled.
Seconded by Buol. Mofion carried 7-0.
An Ordinance Amending Zoning
Ordinance to adopting a new Section
4-3.11 Schedule of Sign Regulafions
for the C-4 and C-5 Zoning Districts in
lieu thereof, presented and read.
Voetberg moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended. Seconded by
Buol. Motion carried 7-0. Voetberg
moved that a Public Hearing be held on
the proposed Ordinance on the 2nd
day of March, 1998 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice iri the manner
prescribed by law. Seconded by BuoL
Mo'don Carded 7-0.
Zoning Advisory Commission
advising of their denial to rezone
property at 980 Clarke Drive from R-1
District to CS and Wholesale District,
and Petition containing 22 signatures
requesting Council to concur with
denial for rezoning cf property,
presented and read. Michalski moved
that the communication and petition be
received and filed. Seconded by
Markham. Motion carried 7-0.
An Ordinance Amending Zoning Map
by reclassifying ~roper~y located at 980
Clarke Drive from R-1 Single-Family
Residential District to CS Commercial
Service and Wholesale District.
presented and read. Michals[d moved
that this be considered the first reading
of the Ordinance and that it be set for
Public Headng on 3-16-98 at 7:00 p.m.
in the Public Library Auditorium and
that the CH Clerk publish notice in the
manner prescribed by law. Seconded
by Markham. Vote on the motion was
as follows: Yeas--Duggar., Markham,
Michalski. Nays--Buol. Nicholson,
Robbins, Voetberg. MOTION FAILED.
Voetberg moved to concur with the
Zoning Commission's denial.
Seconded by Michalski. Carded by the
following vote: Yeas--Buol, Markham,
Michalski, Nicholson, Robbing,
Voetberg. Nays--Duggan.
Zoning Advisory Commission
advising of their approval to reclassify
property located in Dubuque Industrial
Center West from AG to PUD Distdct
presented and read. Buo[ moved that
the communication be received and
f~led. Seconded by Nicholson. Motion
carried 7-0.
R~qular seSsiOn, :~'~iJ;a~ ;I ~; ,j ~98
55
An Ordinance Amending Zon ng
Map by reclassifying property located
East and West of Salppal Road and
North of the County Farm from AG
Agricultural District to PUD Planned
Unit Development District with a PI
Planned Industrial District designation
and adopting a Conceptual
Devalopment Plan, with conditions, for
the Dubuque Industrial Center West,
presented and reed. Bual 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 Nicholson. - Mofion
carried 7-0. Buol moved that a Public
Hearing be held on the proposed
Ordinance on the 16th day of March,
1998, at 7;00 p.m. in the Public Library
Auditedum and that the City Clerk
publish notice in the manner prescribed
by law. Seconded by Nichalson.
Motion carded 7-0.
City Manager requesting public
hearing be set for March 2, 1998 to
consider providing Tax Increment
Financing assistance to TFM
Company, presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 74-98
A RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF
THE ISSUANCE OF NOT TO EXCEED
$104,000 IN URBAN RENEWAL TAX
INCREMENT REVENUE
OBLIGATIONS AND EXECUTION OF
AN ASSESSMENT AGREEMENT
RELATING THERETO VVITH THE TFM
COMPANY, AND PROVIDING FOR
PUBLICATION OF NOTICE
THEREOF.
Whereas, it is deemed necessary
and advisable that the C~ of Dubuque,
Iowa, should issue Urban Renewal Tax
Increment Revenue obligations to the
amount not to exceed $104,000, as
authedzed by Chapter 403 of the Code
of Iowa, and to enter into an
assessment agreement relating thereto
with the TFM Company, for the
purpose of carCng out a project as
hereinatter described; and
Whereas, before said obligation may
be approved, Section 403.9 of the
Code of Iowa requires that the Clerk
publish a notice of the proposal and of
the time and place of the meeting at
!which the Council proposes to take
action thereon and to receive oral
and/or written objections from any
resident or property owner of said City
to such action.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Council meet in
the Auditorium of the Carnegie Stoat
Public Library in Dubuque, Iowa, at
7:00 p,m; on the 2nd day of March,
1998 for the purpose of taking action
on the matter of the issuance of not to
eXceed $104,000 in Urban Renewal
Tax Increment Revenue obligations
and the execution of an Assessment
Agreement relating thereto with the
TFM Company, the proceeds of which
will be used to carry out certain of the
special financing activities described in
the Downtown Dubuque Urban
Renewal District Urban Renewal Plan,
consisting of the funding of economic
developments grants to said develoPer
3ursuant to an Assessment Agreement
entered into with said developer under
the terms and conditions of said Urban
Renewal Plan.
Section 2. That the Clerk is hereby
directed to cause at least one
)ublication to be made of a notice of
said meeting, in a legal newspaper,
printed wholly in the English anguage,
published at least once weekly, ancJ
having general circulation in said City,
said publication to be not less than four
clear days nor more than twenty days
before the date of said public meeting
on the issuance of said obligations.
Section 3. The notice of the
proposed action to issue said
obligations shall be in substantially the
form attached hereto.
Passed, approved and adopted this
16th day of February, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution setting the Public Heating
for March 2 1998 at 7 00 p.m. in the
Pub c Library Auditorium and direct the
City Clerk to publish notice in the
manner prescribed by law. Seconded
by Robbins. Motion carried 7-0.
There being no further business,
Michalski movedto adjourn. Seconded
by Voetberg. Motion carried 7-0. The
meeting adjourned at 7:38 p.m.
Is/Mary A: Davis CMC
City Clerk
Regular Session, February 16, 1998
Approve~'/ ¢
Adeute~_ /7`/
,1998
City Clerk/~Z~
Special Session~ February 1 $~ 1998 57
DUBUQUE
CiTY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, February 18, 1998
Coundl rne[ at 5:00 P.M. Public Library
Board Room
Present--Mayor Duggan, Counci
Members Buol, Markham, Michalski,
N cholson Robbins. Voetberg, C~
Manager Michael Van Milligen
Corporation Counsel Barry A. LindahL
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
conduct a Closed Session To discuss
the purchase of pa~cular proper anc
acting upon such business which may
property come before the Council
At 5:05 P.M. Michaiski moved to go
into Closed Session In accordance w~th
Chapter 21.5 t.(j) 1997 Code of Iowa to
discuss the purchase of pa~cular real
estate where premature disclosure
could be reasonably expected to
increase the pdce the governmental
body would have to pay for that
property. Seconded by NichoJsor..
Motion carried 7-0.
Council reconvened at 5:20 P.M.
~'~h Staff being given proper direction.
There being no further business
MichaiskJ moved to adjourn. Seconded
by Nicholson. Mo~op carried 7-0 The
meeting adjourned at 5:21 P.M
Appr°ved ~'¢~ Y ,1998
Ad°prod/~'~ ~ .1998
'.~= . unc~ Members
Ci'b/Clerk ~
/s/Mary A_ Davis CMC
City Clerk
Special Session, February 18, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, February 18, 1998
Council mat at 6:00 P.M. Public Library
Auditorium.
Present-Mayor Duggan, Council
Members Buol, Markham, Micha~ski,
Nichaison, Robbins, Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry A: Lindahl.
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
direct the sale of Parking Revenue
Refunding Capital Loan Notes and
acting upon such other business which
may property come before the ~Council.
Commdnication f-Larry Burger; .V~ce
President of Spear Financial, Ibc.,
recommending to accept bid of Miller &
Schroeder Financlal, Inc. for
$2,515,000 Parking Revenue
Refunding Capital Loan Nates,
presented and read. Voetberg moved
that the communication be received
and flied. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 75-98
RESOLUTION DIRECTING SALE OF
$2,515,000 PARKING REVENUE
REFUNDING CAPITAL LOAN NOTES
Whereas, pursuant to notice as
required by law, bids have been
received at public sate for the notes
described as follows and the best bid
received is determined to be the
following:
$2,515,000 PARKING REVENUE
REFUNDING CAPITAL LOAN NOTES:
Bidder: Miller & Schroeder Financia[,
Inc. of Minneapolis, MN
the terms of said bid being:
Purchase Price: $2,497,320.000
Net Interest Rate: 4:6855%
Net Interest Cost $800,997.50
NOW THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe bid for the notes
as above set out is hereby determined
to be the best and most favorable bid
received and, said notes are hereby
awarded based on said bid.
Section 2. That the statement of
information for bond bidders and the
form of contract for the sale of said
notes are hereby approved and the
Mayor and Clerk are authorized to
execute the same on behalf of the Cit~.
Section 3. That the notice of the
sale of the notes heretofore given and
all acts of the Clerk done in fur[herance
of the sate of said notes are hereby
ratified and approved.
Passed and approved this 18th day
i of February, 1998.
Terrance M. Duggaa, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 76-98
RESOLUTION AUTHORIZING THE
REDEMPTION OF OUTSTANDNG
PARKING REVENUE BONDS OF THE
CITY OF DUBUQUE, IOWA, DATED
MAY 15, i990, AND DIRECTING
i NOTICE BE GIVEN
t Whereas, the Cib! did by resolution
dated May 7, 1990, authorbe the
iissuance of $3,000,000 Parking
i Revenue Bonds dated May 15, 1990;
I and
~ Whereas, the Bonds are redeemable
any order of their numbering on May
, . .1998 or any date thereafter upon
g~wng notice in the manner provided in
~ the reso uti0n authorizing the issuance
i of the Bonds; and
i Whereas, it is deemed necessary
!and advisable that Parking Revenue
Bonds maturing after May 1, 1998, in
the amount of $2,315,000 be so
redeemed on May 1, 1998, and notice
of redemption be given:
NOW, THEREFORE; BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That outstanding Parking
Revenue Bonds, dated May 15, 1990,
in the principal amount of $2,315,000
be and the same are hereby redeemed
as of May 1, 1998.
Norwest Bank Iowa, N.A., Des
MoJnes, iowa, in its capaci~ as
Registrar and Paying Agent, is hereby
authorized and directed to cause notice
of such redemp~on be given not Jess
than thirty (30) nor more than sixty (60)
days prior to the call by first class mail
to the registered owners of the Bonds.
Section 2. The Finance Director is
hereby authorized and directed to
cause to be deposited in a separate
fund sum sufficient to pay ail prncpal
and interest on the redeemed bonds to
the date of redemption.
Section 3. That the form of such
~dnciDa[
Amount
$125,000
$135,000
$145,000
$155,000
$170,000
$180,000
$195,000
$210,000
$225,000
$240,000
$260,000
$275,000
The above
notice be substantially as follows:
NOTICE OF THE CALL OF BONDS
FOR REDEMPTION TO THE
HOLDERS OF THE FOLLOWING
DESCRIBED BONDS:
Please take notice that the bonds
described below have been called for
redemption. Owners of the bonds
should present their bonds for payment
on the redemption date.
Issuer: Dubuque, Iowa
Odginal Issue Amount:
$3,000,000
Bond Issue;
Parking Revenue Bonds
Dated Date:
May 15, 1990
Redemption Date:
May 1, 1998
Redemption Pdce: - ' '
Par Plus accrued ir~terest
Bonds Called for Redemption
· Interest Maturi~
. Rate _Date
7.400% May 1, 1999
7.400% May 1, 2000
7.400% May 1, 2001
7.400% May 1, 2002
· 7.400% May1,2003
~ - 7.400% May 1, 2004
7.450% May 1, 2005
7.500% May 1, 2006
7.550% May 1, 2007
7.600% May 1, 2008
7.625% May 1, 2009
7.625% May 1, 2010
bonds should be'
presented to ~orwest Bank Iowa, N.A.,
666 Walnut Street, Des Moinss, Iowa
50304-0837. This represen~ a full call
of the outstanding obligations.
interest will cease to accrue on the
Redemp~on Date.
NORWEST BANK IOWA, N.A., Des
Moines, iowa
Registrar and P~ng
Agent for the City of Dubuque,
B%
(End of Notice)
Passed and approved this 18th day
of February, 1998.
MaryA. Davis CMC, City Clerk
Voetberg moved adoption of the
Rssolution. Seconded by Nicholson.
Motion carried 7-0.
There being no further business
Micha~ski moved to adjourn. Seconded
by Nichoison. Motion carried 7-0. The
me~ng adjourned at 8:I8 P;M.
/s/Mary A. Davis CMC
City Clerk
Approved ~-¢_.~ y ,1998
Ad°pted~¢~"~/ '~ ,1998
A M yer ///
Council Members
Clerk
Council continued with FY'99 Budget
Departmental Preliminary Headngs for
CMc Center Division, Recreation
Division, Park Division, Finance
Department and Parking D~vision.
Buol left the Council Chambers at
7:43 P.M.
Special Session, February 23, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Soecial Session, February 23, 1998
Council met au 5:00 P.M. Public Library
Board Room.
Present. Mayor Duggan, Counci
Members Buol. Markham. Michalski,
Nicholson Robbins, Voetberg, City
Manager Michael VaN Miiligen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan reaa me call and
stated this is a Special Session of the
City Council called for the euroose to
conduct a Closed Session ~o discuss
the purchase-of particular pro~er~y and
acting upon SUCh business which may
properly come before the Council.
At 5:03 P.M. Michalski moved To go
~nto Closed Session in accordance with
Chapter 21.5 1.(j) 1997 Code of_Iowa
co discuss the uurchase of particular
real estate where premature disclosure
could be reasonably expec(ec to
Increase me pnce the governmental
body would have to pay fo; that
proper(y. Seconded by Nichotson.
Motion carried 7-0.
Council reconvened au 5:30 P.M.
with statement that Staff, had Deer.
given proper direction. There being no
further business Voetberg moved [o
adjourn, Seconded by Robbins.
Motior carrie~ 7-0. The meeting
adjourned at 5:31 P.M.
At 6:00 P.M. Council continued wth
FY'99 Budget Deear~mentel
~reliminary Hearings for PoIice Dept,,
Bmergency Services Div.. Disaster
Sen4ces Div. Information Services Div.
and Cable TV Division.
There Dean9 no further business
Voetberg moved To ad.~urn the
meeting. Seconded by Michalski
Motion carried 7-0. The meeting
adjourned at 8:20 P.M.
Council Members
City Clerk .~-~
/s/Mary A. Davis CMC
City Clerk
Special Session, February 26, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, February 26, 1998
Council met at 4:00 P.M. Conference
Room "B", Second Floor, City Hall.
Present: Mayor Duggan, Council
Members Buol, Markham, MichalskJ,
Nicholson, Robbins, Vcetberg, City
Manager Michael Van Mil~igen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the ca~l and
stated this is a Special Session of the
City Council caIled for the purpose to
conduct a Closed Session to discuss
the purchase of particular property and
acting upon such business which may
properly come before the Council.
At 4:05 p.m. Nicholson moved to go
into Closed Session in accordance with
Chapter 21.5 1.(j) 1997 Code of iowa
to discuss the purchase of particular
real estate where premature disclosure
could be reasonably expected to
increase the price the governmental
body would have to pay for that
property. Seconded by Robbins.
Motion carried 7-0.
Council reconvened at 4:45 P.M.
with statement that Staff had been
given proper direction.
There being no further business,
Nichelson moved to 'adjourn.
Seconded by Robbins. Motion carried
7-0. The meeting adjourned at 4:46
P.M.
/s/MaryA. Davis CMC
City Clerk
59
'Approved ,1998
1998
.
Council Members
I ~At~es~: .
City Clerk ~