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1997 October Council ProceedingsRegular Session, October 6, 1997
256
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, City Council, October 6,
1997.
Council Met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Duggan, Council
Members Buol, Michalski, Nicho[son,
Robbins, Voetberg, City Manager Michael
Van Milligen, Corporation Counsel Barry A.
Lindahl.
Absent: Council Member Krieg.
Mayor Duggan read the call and stated
this is the Regular Session of the Dlty
Councit called for the purpose to act upon
such business which may properly come
before the Council.
Invocation was given by Howard Voss-
Altman, Student Rabbi at Temple Beth El.
PROCLAMATIONS: October as "Boy
Scout Popcorn Month" received by Marry
Richards; October 5-11 as "Mental Illness
Awareness Week" received by Carol
Oberfoell; October 12-18 as "Respiratory
Therapy Week" received by Wendy
Wheelock; October 15 as "White Cane
Safety Day" received by Marion Williams;
October 13th as "Retired Educators' Day"
received by Arline Dieterich; and October 31
as "TRICK OR TREAT NIGHT."
MINUTES SUBMITTED--Cable TV
Regulalory Commission of 9-17; Community
Development Advisory Commission of 9-16;
Five Flags Commission of 9-15; Historic
Preservation Commission of 9-11; Housing
Commission Trust Fund Committee of 9-11;
Human Rights Commission of 8-11; Park &
Recreation Commission of 9-9; Transit
Trustee Board of 9-11; Zoning Advisory
Commission of 9-17, presented and read.
Council Member Voetberg moved that the
minutes be received and filed. Seconded by
Council Member Buol. Motion carded 6-0.
Convention & Visitors Bureau submitting
their first quarterly report, presented and
read. Council Member Voetberg moved that
the report be received and filed. Seconded
by Council Member Buol. Motion carried 6-
0.
Proof of Publication on publishing City
Council proceedings for meeting of 9-2,
presented and read. Council Member
Voetberg moved that the proof be received
and filed. Seconded by Council Member
BuoL Motion carded 6-0.
Proof of Publication on publishing 1997
Financial Report Fiscal Year ended June 30,
1997 and Finance Director submitting
financial report for month ending August,
1997, presented and read. Council Member
Voetberg moved that the proof and report be
received and filed. Seconded by Council
Member Buol. Motion carded 6-0.
NOTICES OF CLAIMS/SUITS -- David
Dolan in amount of $14,000 for false arrest
etc.; Subrogation claim from Health Choices,
Inc. regarding employee Patricia Folger;
Kathleen Link in unknown amount for
property damages; Donald Lochner in
unknown amount for property damages; Carl
Noel Jn amount ,of $160.00 for property
damages; N. a. nc, y Peil in amount of $1,500 for
personal injuries; Thomas Thilmany in
amount of $850.74 for vehicle damages,
presented and read. Council Member
Voetberg moved that the claims and suits be
referred to the Legal Staff for investigation
and report. Seconded by Council Member
Buol. Motion carried 6-0.
Corporation Counsel advising following
claims have been forwarded to Crawford &
Company, the agent for the iowa
Communities Assurance Pool: Personal
injury of Andrew Fondell; Property damage
of Mark Marry; Personal injury of Ferdinand
Nesler, presented and read, Council
Member Voetberg moved that the
communications be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
Corporation Counsel recommending
denial of property damage claim of Francis &
Robin Chaffee, presented and read. Council
Member Voetberg moved that the
communication be received and filed and
approved denial. Seconded by Council
Member Buol. Motion carded 6-0.
Corporation Counsel concurring with
denial of sewer backup claim of Bill Merritt
as recommended by Crawford & Company,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and concurred with denial.
Seconded by Council Member Buol. Motion
carried 6-0.
City Manager recommending approval to
enter into agreement with Hillcrest Family
services for use of Murphy Park for annual
Holiday Light Display, presented and read.
Council Member Voetberg moved that the
communication be received and filed and
approved recommendation. Seconded by
Council Member Buol. Motion carded 6-0.
John J. and Carole S. Heidersche[t
requesting voluntary annexation of property
described as Lot 2 of J. George Subdivision
(westerly portion) located at 1101 Cedar
Cross Road, presented and read. Council
Member Voetberg moved that this be
referred to City Manager & Staff. Seconded
by Council Member SuoL Motion carried 6-
0.
257
Regular Session, October 6, 1997
Dubuque Jaycees, KDTH and KAT-FM
Radio requesting to conduct fireworks
display on July 3, 1998 from 9;00 p.m. to
10:30 p.m. on Volunteer Road between
Hawthorne and Lime Streets, presented and
read. Council Member Voetberg moved that
the request be approved, subject to
implementation by City Manager. Seconded
by Council Member Buol. Motion carried 6-
DNR submitting Industrial Pretreatment
Compliance Inspection (PCI) report,
presented and read. Council Member
Voetberg moved that the report be received
and flied. Seconded by Council Member
Buol. Motion carried 6-0.
City Manager recommending acceptance
of Jackson Street at 26th Street Traffic
Signals project, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
RESOLUTION NO. 408-97
ACCEPTING IMPROVEMENT
Whereas, the contract for the Jackson
Street at 26th Street Traffic Signal
Installation has been completed and the City
Manager has examined the work and filed
his certificate stating that the same has
been completed according to the terms of
the contract, plans and specifications and
recommends it acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the recommendation of
the City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Treasurer be and he is hereby directed
to pay to the contractor from Road Use Tax
Funds in amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 6th
day of October, 1997.
Terrence M. Duggan, Mayor
Attest; Mary A. Davis, City Clerk
Council Member V~etberg moved
adoption of the Resolution. Seconded by
Council Member Buol. Motion carried 7-0.
RESOLUTION NO. 409-97
FINAL ESTIMATE
Whereas, the contract for the Jackson
Street at 26th Street Traffic Signal
Installation has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$22,343.65 and the said amount shall be
paid from Road Use Tax Funds of the City of
Dubuque, Iowa.
Passed, approved and adopted this 6th
day of October, 1997.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetherg moved
adoption of the Resolution. Seconded by
Counci~ Member BuoL Motion carried 6-0.
City Manager recommending acceptance
of public improvements In Wingate Place,
~/resentad and read. Council Member
oetberg moved that the communication be
received and filed. Seconded by Council
Member Buol. Mot[on carried 6-0.
RESOLUTION NO. 410-97
ACCEPTING IMPROVEMENTS
IN WlNGATE PLACE
Whereas, pursuant to Resolution No. 254-
91 certain improvements including street
paving, storm sewers, sanitary sewers and
watermain and street lighting were installed
by the developer, James P. Gantz; and
Whereas, the improvements have been
completed and the City Manager has
examined the work and has filed a certificate
stating that the same has been completed in
accordance with the plans approved by the
City Council and in conformance with City
specifications, and has recommended that
the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that said
improvements in Wingste be and the same
is hereby accepted.
Section 2. That maintenance of said
improvements 'shall be the responsibility of
the contractor and the owner for a period of
two year's from this date.
Passed, approved and adopted this 6th
day of October, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Buol. Motion carried 6-0.
City Manager recommending release of
the performance eecudty, in the amount of
$4,400, for roadway improvement in City
Lites Subdivision in Dubuque County, Iowa,
~reeented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carded 6-0.
RESOLUTION fiD, 411-97
RELEASING PERFORMANCE
SECURITY FOR CITY LITES SUBDIVISION
Whereas, pursuant to Resolution No. 245-
91 certain improvements including street
paving and storm sewer were installed by the
developer of City Lites Subdivision; and
Whereas, the improvements to Jordan
Lane, a private street located in Dubuque
Re_~q~r Session, O~t_ober 6-6~1997
County, have been substantialty completed
in accordance with the plans approved by
City Council; and
Whereas, the owners of all Lots within
City Lites Subdivision have certified that ali
work associated with the construction of
Jordan Lane is complete and satisfactory,
and have agreed to maintain Jordan Lane as
a privately owned street located in Dubuque
County; and
Whereas, said owners have released the
City from any and all responsibility with
respect to the construction or maintenance of
Jordan Lane.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. That the city Council has
determined that all work associated with the
construction of Jordan Lane has been
completed and s satisfactory.
Section 2. That the City Clerk be
authorized and directed to release the
performance security for City Lites
Subdivision.
Passed, approved and adopted this 6th
day of October, 1997.
Terrance M. Duggan, Mayor
Attest; Mary A. Davis, City Clerk
Counc Member Voetberg moved
adopt on of the Resolution. Seconded by
Council Member BUD. Motion carried 6-0.
Lit Manager recommending acceptance
of W~ter Pollution Control Ptant's Phase 1
Improvements, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 7-0.
RESOLUTION NO. 4"i2-97
ACCEPTING IMPROVEMENT
Whereas, the contract for the Water
Pollution Control Plant Phase
Improvements has been completed and the
Cites consultant Strand and Associates, inc.
of Madison, Wisconsin has recommended
acceptance of the project.
NOW, THEREFORE, BE IT RESOLVED
BY THE c~TY COUNCIL OF THE ~ITY OF
DUBUQUE, IOWA;
Section 1. That the recommendation of
the City Manager be approved and that said
improvement be accepted
Passed, apprevedand adopted this 6th
day of October, 1997.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adopton of the Resolution. Seconded by
Council Member BUD, Motion carried 7-0.
RESOLUTION NO. 413-97
FINAL ESTIMATE
Whereas, the contract for the Water
Pollution Control Plant Phase
mprovements have been completed and the
City has subm tted the final estimate showing
the cost thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CiTY COUNCIL OF THE CITY OF
258
)UBUQUE, IOWA:
Section I. That the cost of said
improvement is hereby determined to be
$7 033.157 32.
Sect on 2. That the fins payment of
$321,158.42 be paid to indiana Construction
in accordance with State statues from funds
in the Water Poliufion Control Department's
Passed, approved and adopted this 6th
of October, 1997.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Counc Member Voetherg moved
adoption of the Resolution. Seconded by
Council Member Buol. Motion carried 7-0.
City Manager r;commending approval of
contract, in the amount of $7,000 with IA.
of Public Hesith for Funding of the
Preventative Hesith Program,
and read. Council Member
moved that the communication be
and ~ed. Seconded by Council
vlember Buol, Motion carried 6-0.
RESOLUTION NO. 414-97
A RESOLUTION APPROVING THE AIDS
PREVENTATIVE HEALTH CONTRACT
~1 THE IOWA DEPARTMENT OF
~UBLIC HEALTH AND THE CITY OF
)UBDQUE, IOWA AND AUTHORIZING
THE CITY MANAGER TO SIGN A
CONTRACT WITH THE IOWA
DEPARTMENT OF pUBLIC HEALTH FOR
=UNDING OF A LOCAL AIDS
PREVENTATIVE HEALTH PROGRAM.
Whereas, the Iowa Department of Public
Health has offered to provide financial
support for ocal A DS Preventative Health
and Education Programs tn the Cty of
Dubuque; and
Whereas, the City of Dubuque desires to
establish and maintain such local AIDS
~reventative Health and Education
Programs and
Whereas, the Iowa Department of Public
Health has presented the City Health
Services Division a proposed contract
amendment for continued funding, a copy of
which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
3UBUQUE, IOWA:
Section 1. That the City of Dubuque,
owa, hereby approves the attached AIDS
Preventative Heath Contract between the
owa Department of Public Health and the
City of Dubuque owa.
Section 2, The Cty Manager is hereby
authorized and directed to exeoute sad
contracts on behalf of the City of Dubuque,
Passed, approved and adopted this 6th
day of October, 1997.
Termnce M. Duggan, Mayor
Attest: Mary A. Davis, city Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member BuoL Motion carried 6-0.
City Manager submitting information from
2.59 Regular Sessions October 6, 1997
Panning Services Manager Laura Carstens
regarding parking requirements for the
residential properties located at 1353 and
1355 Bluff Street, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
City Manager recommending submission
of an application to Iowa Department of
Economic Development (IDED) for Local
Housing Assistant Program funds in amount
of $309,000, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
RESOLUTION NO. 4t5-97
A RESOLUTION AUTHORIZING AN
APPLICATION TO THE IOWA
DEPARTMENT OF ECONOMIC
DEVELOPMENT FOR LOCAL HOUSING
ASSISTANCE PROGRAM FUNDS
Whereas, the Iowa Department of
Economic Development has published notice
of availability of funds under the Local
Housing Assistance Program (LHAP) and
Whereas, the Department of Economic
Development is encouraging municipalities
to promote housing assistance pmgram, s
which complement local economic
development activifies; and
Whereas, the Housing Services
Department has offered a successful
program of assistance to first-time
homebuyers, utilizing funds provided through
the HUD Community Development Block
Grant (CDBG) Program; and
Whereas, the Housing Trust Fund
Committee has determined that "moderate-
income" families (defined as earning 80-
100% of area median income) continue to
experience barr ers to first-time
bemeownership, by reason of incomes which
exceed federal limits; and
Whereas, provision of homeownership
opportunities to these working families is a
necessary complement to the City's
economic development efforts.
NOW, THEREFORE, BE iT RESOLVED
BY THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA.
Section 1. The Mayor is hereby
authorized to execute this resolution in
support of an app cation tot he Department
of Economic Development for Local Hous ng
Assstanoe Program funds, to assist
moderate-income families to purchase
homes.
Section 2. This resolution shall take effect
immediately.
Passed, approved and adopted this 6th
day of October, 1997.
Terranee M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voctberg moved
adoption of the Resolution. Seconded by
Council Member Buo[. Motion carried 6-0.
City Manager recommending approval of
the Project Concern paretransit Agreement
with Keyiine for Fiscal Year 1998, presented
and read. Council Member Voetberg moved
hat the communication be received and filed
and approved recommendation. Seconded
by Council Member BuoL Motion carried 6-
O.
City Manager recommending submission
of a Disability Training Grant application in
amount of $2,649, presented and read.
Council Member Voetberg moved that the
communication be received and filed end
eoommendation approved. Seconded by
Council Member Buol. Motion carried 6-0.
*Ctiy Manager recommending execution of
a contract with HUD in amount of $28,892 for
funding of the Family Self-Sufficiency
Program Coordinator, presented and read.
Counc Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member BuoL Motion
carried 6-0.
RESOLUTION NO. 416-97
A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT FOR
:AMILY SELF-SUFFICIENCY
COORDINATOR PROGRAM FUNDING
Whereas, the US Department of Housing
and Urban Development (HUD) has made
n award of Family Self-Sufficiency Program
unds to the City, in the amount of $28,892
and
Whereas, these funds will be utilized by
the City to expand and complement the
existing FSS Program for additional
participating households, in the interest of
promoting sar-sufficiency to families to
independence from the public assistance
system.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is authorized and
directed to execute an Annual Contdbctions
Contract, with the US Department of Housing
and Urban Dave opment, for participation in
the Family Self-Sufficiency Coordinator
Program for Proect No. IA087CEOF02,
under Master Annus Contributions Contract
No. KC;9004-E, on behalf of the City of
Dubuque.
Section 2. This resolution shall take effect
immediately.
Passed, approved and adopted this 6th
day of October, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, city Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Buol. Motion carried 6-0.
City Manager recommending levy of
special assessments for sidewalk
replacement as part of the 1997 Sidewalk
Inspection Program, presented and read.
Council Member Vsatberg moved that the
communication be received and filed.
Seconded by Council Member BuoL Motion
Regular Sessi0_n, Oct~97 26._~0
carried 6-0.
RESOLUTION NO. 417-97
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR _1997
SIDEWALK REPAIRS INCLUDING
CERTAIN NFORMATION REQUIRED BY
THE CODE OF IOWA, SPEC FICALLY, 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 considemfion of the final
schedule of assessments and accompanying
plat showing the assessments proposed to
be made for the 1997 Sidewalk Repairs
which fine[ plat and schedule were flied in
the office of the City Clerk on the 11th day of
October, 1997 that 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 respective sums
indicated. Provided, further, that the
amounts shown in said final schedule of
assessments ss deficiencies are found to be
rP~roper and ~evied conditionaitY against the
spective properties benefitted by the
improvements as shown in the schedule,
subject to the provisions of Section 384.63,
Code of Iowa Said assessments against
said lots are hereby dee ared to be in
Parogortion to the special beneffis conferred
nd not in excess of twesty-flve percent of
the value ol same.
Assessments of $10000 or more are
payable in 10 equal annua installments, with
interest on the unpaid balance, all as
~)revided n Section 364.65, City Cede of
~owa. Conditional defic ency assessments
if any, may be levied against the appitcab[e
property for the same period of years as the
assessments are made psysble.
Assessments may be peld in fut[ or in part
without interest at the office of the County
Treasurer, at any time w~hn 30 days after
the date of the first publication of this notice
of the filing of the final plat and schedule of
assessments with the County Treasurer.
Un ess said assessments are paid in full
within said thirty day period all unpaid
assessments will draw annual interest
computed at 9 percent (commencing on the
date of acceptance of the work) computed to
the December 1st next following the due
dates of the respective Installments. Each
nstaitment wilt be de nquent on September
30th following tis due date on July 1st in
each year. ProgertY owners may elect to pay
any annuai installment semianncaily in
advance.
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 consecutive weeks
in the manner provided in Section 362.3, the
first pubitcaflon of which shall b.e~..nct m..o~re
than fifteen days from the date or nlmg o~ me
final schedule. The City Clerk shall also
send by certified mail to property owners
whose property s subject to assessment a
copy of said notice, and mailing to be on or
before the date of the second publication of
the notice, all as provided and directed by
Section 384.60 of the Code of iowa.
Passed, approved and adopted this 6th
day of October, 1997.
- Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
OWNER(S) . LEGAL DESCRipTION
~[NAI. ASSFSSMENT
RUSS Fremmelt
Debra Olson City Lot M 1/5 of L 480
$1,191,4O
Kathy Hardin L 1 Voelker Highlands
$1,255.80
Zona Butler City Lot N 1/2 L 331
418.60
Washington Westphal Corp.
Walter Smith City LCt 618-619-620 & N PT
1' of 605 N 1'6" of N 64' of City Lot 617613.18
519' city LOt 71 $518.42
Link, Tammy Unk
3 Hitlcrest Heights $412.16
Cooper Wagon Factory
The Development Corporation
N 64.2 City Lot 73 (206-210 W. 3rd).~
$5096.68
Coune Member Voetberg moved
adopflon of the Reso ut[on. Seconded by
Council Member BuoL Motion carted 6-0.
C ty Manager submtitng information on
carryover appropriations for incomplete
capital projects, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
Library Director advising of a Business
Survey to be sent seeking information on
needs on how the library may better serve
citizens, presented and read. Council
Member Voetberg moved that the
communication be received and flied.
Seconded by Council Member Buol. Motion
TFM d/b/a Ok~ ,,Do~ #1 requesting to
their Class LE Liquor License and
Class 'BE" Beer Permit from 250 W. 1st
Street to 1256 Iowa St., presented and read.
Council Member Voetberg moved that the
transfer be approved. Seconded by Council
Member Buol. Motion carried 6-0.
RESOLUTION NO. 418-97
NOW, THEREFORE, BE IT RESOLVED
BY THE CiTY COUNCIL OF THE CiTY OF
iOWA:
That the following having complied with
o ~s of law rearing to the sate of
~ within the C ty of Dubuque, iowa,
be granted a permit to sail Cigarettes and
261
Regular Session, October 6, 1997
Cigarette Papem within said City. NEW
Fat Tuesday's F and H Enterprise
1121 University
Passed, approved and adopted this 6th
day of October, 1997.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Buol. Motion carried 6-0.
RESOLUTION NO. 419-97
Whereas, applications for Seer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be osoupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, SE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Permit.
CLASS 'B' BEER PERMITS
J & P O'Hars, inc. Happy Joe's Pizza
/Ice Cream + (Sunday Sale) 855 Century Dr
Rigel Carp, Godfather's Pizza
+ (Sunday Sale) 1675 JFK Rd
' CLASS'C' BEER PERMITS
Rainbo Oil Company Kwik Stop Food Mart
+ (Sunday Sale) 2360 Central
Passed, approved and adopted this 6th
day October, 1997,
Terrsnce M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Buol, Motion carried 6.0.
RESOLUTION NO. 420-97
Whereas, applications for Liquor Licenses
have been submitted to this Council for
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
flied proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be author'~ed to cause
to be issued the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
F and H Enterpdsos
Nelda g Bennett
+ (Sunday Sale)
James/Janet Kohl
+ (Sunday Sale)
Angels Mangeno
Fat Tuesdays
1121 University
Old Shsog
1091 Main St
The Grand Tap
802 Central Ave
Positively 14th St
1401 Elm St
Passed, approved and adopted this 6th
day of October, 1997.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member BuoL Motion carried 6-0.
BOARDS AND COMMISSIONS
APPOINTMENTS:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION: Applicants: Katie
Gustafson (Representing Youth) and Peter J,
Simon. Council Member Michalski moved
that Peter Simon be appointed to a three
year term which will exptre 10-1-2000 and
that Katie Gustafson will be appointed to the
Youth position for a one year term which will
expire 10-1-98. Seconded by Council
Member Voetberg. Motion carried 6-0.
HOUSING ADVISORY TRUST FUND
COMMISSION: Applicant: Ruth Clark.
Council Member Voetberg moved that Ruth
Clark was reappointed to the Housing
Advisory Trust Fund Comm. for a three year
term which will expire 9-8-2000. Seconded
by Council Member MichalskL Motion
carried 6-0.
Council Member Robbins moved that the
rules be suspended to allow anyone present
to address the Council if they so desire.
Seconded by Council Member NIcholson.
Mot[on carried 6-0,
Proof of publication certified to by the
Publisher on Notice of Public Headng to
consider rezoning property in areas of 2349
Elm Street from R-2A to CS, with Conditions,
(Spiegelhaiter), presented and read. Council
Member Robblns moved that the proof be
received and filed. Seconded by Council
Member Nicholson. Motion carried 6-0.
Jerry Spiegelhaiter spoke objecting to
required fencing,
An Ordinance Amending Zoning Map by
reclassifying property located at 2349 Elm
Stteet and proper[,/directty across from area,
from R-2A Alternate Two-Family Residential
District to CS Commercial Service and
Wholesole District, With Conditions, said
Ordinance having been presented and read
at the Council Meeting of 9-16-97, now
)resented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 53-97
~1 ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF T~tE CITY
OF DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT
2349 ELM AND LOT I OF 2 OF '106 L.I-I.
LANGWORTHY'S ADDITION (DIRECTLY
ACROSS FROM 2349 ELM STREET)
FROM R-2A ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND
WHOLESALE DISTRICT, WITH
CONDITIONS.
NOW, THEREFORE, SE IT ORDAINED
SY THE CiTY COUNCIL OF THE CITY OF
Regu ar Session, October 6, 1997
262
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby/ amended by
reclassifying the hereinafter described
property from RA Alternate Two-Family
Residenfial District to CS Commemial
Service and Wholesale District, to wit:
Lot 2 of Lot 1 of Lot 2 of Lot 1 of 106, LH.
Langworthy's Addition and Lot 1 of Lot 2
of 106, L.H, Langworthy's Addition, and to
the center line of the adjoining public
right, of-way, ail in the City of Dubuque,
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of
Dubuque, Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 6th
day of October, 1997.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the lows Code Section 414.5
(1993), and as an express condition of
rezon[ng of the property ~escdbed as:
Lot 2 of Lot 1 of Lot 2 of Lot 1 of 106, L.H.
Langworthy's Addition and Lot 1 of Lot 2
of 106, L.H. Langworthy's Addition, and to
the center line of the adjoining public
right-of-way, all in the City of Dubuque,
which is the subject of Ordinance No. 53-97,
a copy of which is attached hereto and
incorporated herein by reference, the
undersigned property owners, agree to the
following conditions, all of which the property
imposed to satisfy public needs which are
caused direcfiy by the rezoning; A) Performance Standards
1) That there be hard-surface parking on
the parcel ad acant to Elm Street and
Heritage Trail ff used for parking of vahlclee.
BIReclassification of the Sublect Property.
The City of Dubuque, Iowa may initiate
zoning reclassificatton proceedings to the R-
2A Alternate Two-Family Residential District
(which rezoning will include the removal of
the above performance standards) if the
property owners fail to complete any of the
conditions or provisions of this Agreement.
C) Modifications. Any modifications of
this Agreement shall be considered a zoning
reclassification and shall be subject to the
provisions of the Zoning Ordinance
governing;Zoning reclassifications. All such
modifications must be approved by the City
Council of Dubuque, Iowa.
D) Recordinn A copy of this Agreement
shait be recorded with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this rezoning
approval within ten (10) days of the adoption
of Ordinance No. 53-97.
E) Constructioq, This Agreement shall
be construed and interpreted as though it
were part of Appendix A of the Code of
Ordinances of the C[fy cf Dubuque, also
known as the Zoning Ordinance of the City of
Dubuque, Iowa.
F) This Agreement shall be binding upon
the undersigned and his/her heirs, successor
and assignees.
ACCEPTANCE OF
ORDINANCE NO. 53*97
We, Jerry and Debra Spiegelhalter,
property owners, having read the terms and
conditions of the foregoing Ordinance No.
53-97 and being familiar with the conditions
thereof, hereby accept this same and agree
to the conditions required therein.
Dated in Dubuque, Iowa this 6th day of
October, 1997.
By/si Jerry Splegelha~ter
By/s/Debra Spiegelhaiter
Published officially in the Telegraph
Herald newspaper this 17th day of October,
1997.
It 10/17 Mary A. Davis CMC, City Clerk
Council Member Robbins moved final
consideration and passage of the Ordinance,
as amended in agreement. Seconded by
Nicholson. Motion carried 6-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
cons[der rezoning property at NW Arterial
and Asbury Road from AG to C-3 District,
with Conditions. (QHQ Properties),
presented and read, Council Member Suni
moved that the proof be received and filed.
Seconded by Council Member Nicholson.
Motion carried 6-0.
Jeff Streinz spoke requesting allowance
for C3 signs.
An Ordinance Amending Zoning Map by
reclassifying property located at the
Southwest corner of the Northwest Arterial
and Asbury Road from AG Agricultural
District to C-3 General Commercial District,
with Conditions, said Ordinance having been
)resented and read at the Council Meeting
of 9-15-97, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. $4-97
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF THE
NORTHWEST ARTERIAL AND ASBURY
ROAD FROM AG AGRICULTURAL
DISTRICT TO C-3 GENERAL
COMMERCIAL DISTRICT, WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby/ amended by
reclassifying the hereinafter described
property from AG Agricufiursl District to C-3
General Ccmmemial District, with conditions,
to wit:
The northerly 460 feet of the easterly
326.67 of Lot 1 of QHtQ Place, and to the
263
Regular Session, October 6, 1997
center line of the adjoining public right-of-
way, all in the City of Dubuque, iowa (see
Exhibit A).
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning
Advisory Commission of the City of
Dubuque, Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law;
Passed, approved and adopted this 6th
day of October, 1997.
Termnce M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(1993), and as an express condition of
rezoning Of the property described as:
The northerly 460 feet of the eeeter[y
326~87 of Lot 1 of QHQ Place, and to the
center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa (see
Exhibit A).
which is the subject of Ordinance No.54-97,
a copy of which is attached hereto and
incorporated herein by reference, the
undemigned property owners, agree to the
following conditions, all of which the
property owner further agrees are
reasonable and are imposed to satisfy
public needs which am caused dlmcfiy by
the rezoning:
A) Performance Standards
1) Freestanding signage shall be limited
to one (1) pole mounted sign for each
business and each sign shall be limited to
25 feet in height and 108 square feet in
area.
B) Reeleesification of the Subject
Property. The City of Dubuque, Iowa may
initiate zoning reclassification proceedings
to the AG Agdcultuml District (which
rezoning will include the removal of the
above performance standards in Exhibit "A")
if the property owner fails to complete any of
the conditions or provisions of this
Agreement.
C) Modifications. Any modifications of
this Agmemeot shall be considered a zoning
reclassification and shall be subject to the
provisions of the Zoning Ordinance
governing zoning reclassifications. All such
modifications must be approved by the City
Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement
shall be recorded with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this rezoning
approval within ten (10) days of the adoption
of Ordinance No. 54-97,
E) Construction. This Agreement shall
be construed and interpreted as though it
were part of Appendix A of the Code of
Ordinances of the City of Dubuque, also
known as the Zoning Ordinance of the City
of Dubuque, Iowa.
F) This Agreement shall be binding upon
the undemigned and his/her helm,
successor and assignees.
ACCEPTANCE OF
ORDINANCE NO. 54-97
I, Dr. Timothy J. Quagiiano, QHQ
Properties, having read the terms and
conditions of the foregoing Ordinance No.
54-97 and being familiar with the conditions
thereof, hereby accept this same and agree
to the conditions mqutred therein.
Dated in Dubuque, Iowa this 6th day of
October, 1997.
By Is/Dr. Timothy J. Quagliano
QHQ Properties
Published officially in the Telegraph
Herald newspaper this 14th day of October,
1997.
It 10/14 Mary A. Davis CMC, City Clerk
Council Member Buol moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider disposing of City's interest in
exchange for other properties located at
Kerper Blvd. and Fengler Street and City
Manager recommending to proceed with
~lroject, presented and mad. Council
ember Robbins moved that the proof and
communication be received and filed.
Seconded by Council Member Nicholson.
Motion carried 6-0.
RESOLUTION NO. 421-97
{ESOLUTION APPROVING THE
DISPOSITION OF THE SOUTHEASTERLY
26,078 SQUARE FEET OF LOT 3 OF FDL
FIRST ADDITION
Whereas, (~umuant to resolution and
)ublished nohce of time and place of
hearing, published in the Telegraph Herald,
a newspaper of general cimutation published
in the City of Dubuque, Iowa on the 26th day
of September, 1997, the City Council of the
City of Dubuque, Iowa met on the 6th day of
October, 1997, at 7;00 p.m. in the Public
Library Auditorium, 11th and Locust,
Dubuque, Dubuque. County, Iowa to consider
the proposal for the disposition of real estate
descdbed as:
The southeasterly 26,078 square feet of
Lot 3 of FDL First Addition, in the City of
Dubuque, Dubuque County, Iowa
Whereas, the disposition of said real
estate is part of an exchange the terms of
which are set forth in the attached
Agreement for Exchange ol Lands; and
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all
objections, omi or wTitten to the proposal to
dispose of interest of the City of Dubuque,
Iowa, except for easement as noted, in the
heminabova described real estate.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Agreement
for the Exchange of Lands between the City
of Dubuque and John P. Mihalakis and
Richard L. Billmeyer is hereby approved.
Section 2. That the disposal of the interest
of the City of Dubuque, Dubuque County,
Iowa in the above-deecdbed real property to
John P. Mihalakis and Richard L. Bilimeysr
in accordance with the Agreement for the
Re.~ular Session~ October 6, 1997
264
Exchange of Lands is hereby approved.
Section 3. That the Mayor be
authorized and directed to execute a
Warranty Deed, and the City Clerk be and is
hereby authorized and directed to deliver
said deed of conveyance to the above
named grantees as provided in the
Agreement for Exchange of Lands.
Section 4. That the City Clerk be and is
hereby author[zed and directed to record a
certified copy of this resolution in the office of
the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th
day of October, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Robblns moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Motion carded 6-0.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider disposing of city's interest in
property to TFM Co. and City Manager
recommending to proceed wffh sale of
property, presented and read. Council
Member Michalski moved that the proof and
communication be received and flied.
Seconded by Council Member Robbins.
Motion carried 6-0.
RESOLUTION NO. 422-.97
RESOLUTION APPROVING DISPOSITION
OF LOT 2 OF CITY LOT 604A IN THE CITY
OF DUBUQUE
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph Heratd,
a newspaper of general clmulation published
in the City of Dubuque, Iowa on the 30th day
of September, 1997, the City Council of the
City of Dubuque, iowa met on the 6th day of
October, 1997, 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 mai estate
descdbed as:
Lot 2 of City Lot 604A in the City of
Dubuque Dubuque County, Iowa ~
Whereas, the City Counc I of the City of
Dubuque, Iowa overruled any and all
objections, om[ or written to the proposal to
dispose of interest of the City of Dubuque,
iowa, except for easement as noted, in the
heminabove described real estate.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest
of the City of Dubuque, Dubuque County,
Iowa in real property descdbed as Lot 2 of
City Lot 604A in the City of Dubuque, Iowa to
TFM Co. be and the same is hereby
appmvad for the sum of $2,011.20 plus cost
of publication, platting and filing fees;
conveyance shall be by Quit Claim Deed.
Section 2. That the conveyance of the real
property shall be conditioned upon the
following:
A. TFM Co. shall obtain the approval of
the City's Historic preservation Commission
of any building and site plans for the properly
and the adjoining property owned by TFM
Co~. TFM Co. shall install and maintain
landscape screening on the property and
ad oining TFM Co. Property which
comp iments the City of Dubuque's planned
gateway improvement project.
C. Ownershipofthepropertyshall revert
to the City of Dubuque if the property is not
developed by October 1,1998.
D. No off-premises sign shall be located
on the property.
E. TFM Co. shall acknowledge
acceptance of these conditions by executing
the accompanying acceptance.
Section 3. That the Mayor be
authorized and directed to execute a Ou[t
Claim Deed, and the City Clerk be and is
hereby author[zed and directed to deliver
said deed of conveyance to the above
named gmnteee upon receipt of the
purchase price In full.
Section 4. That the City Clerk be and Is
hereby authorized and directed to record a
certified copy of this resolution In the office of
the City Assessor, Dubuque County
{ecorder and Dubuque County Auditor.
Passed, approved and adopted this 6th
day of October, 1997.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member MIchalski moved
adopt[on of the Resolution. Seconded by
Council Member Robbins. Mot[on carried 6-
0.
Tom Thompson stated appreciation for
property sale.
Proof of publication certified to by the
Publisher on Not[ce of Hearing on Plans &
Specs. for Installation of White Street at 17th
Street Traffic Signals, presented and mad.
Council Member 8uol moved that the proof
be received and filed. Seconded by Council
Member Voetberg. Motion carried 6-0.
RESOLUTION NO. 423-97
RESOLUTION ADOPTING pLANS AND
SPECIFICATIONS
Whereas, on the 28th day of August,
1997, plans, specifications, form of contract
and estimated cost were filed with the City
Clerk of Dubuque, Iowa for the White Street
at 17th Street Traffic Signal Installation.
Whereas, notice of hearing 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
~mprovaments for said project.
Passed, adopted and approved this 6th
day of October, 1997.
265
Regular Session, October 6, 1997
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council
Member Vnatberg. Motion carried 6-0.
Proof of publication certified to by the
Publisher on Notice to Bidders of Receipt of
Bids for project and City Manager
recommending to award contract, for project,
presented and read. Council Member Buol
moved that the proof and communication be
received and flied. Seconded by Couno[I
Member Voetberg. Motion carried 6-0.
RESOLUTION NO. 424-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 17th Street
and White Street Traffic Signal installation
pursuant to Resolution No. 382-97 and
notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on
the 11th day of September, 1997.
Whereas, said sealed proposals were
opened and read on the 25th day of
September, 1997 and it has been
determined that the bid of Westphal and
Company, Inc. of Dubuque, Iowa in the
amount of $25,728.26 was the lowest bid for
the furnishings of all labor and msteria[s 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 Westphal and
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
rstum the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 6th
day of October, 1997.
Termnce M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council
Member Vestberg. Motion carried 6-0.
Proof of publication certified to by the
Publisher on Notioe of Hearing on Plans &
Specs. for 1997 Harbor Maintenance
Dredging Project, presented and read.
Council Member Vestberg moved that the
communiostion be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
RESOLUTION NO. 426-97
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 'i0th day of September,
1997, plans, specifications, form of contract
and estimated cost were filed with the City
Clerk of Dubuque, Iowa for the 1997 Harbor
Maintenance Dredging Project.
Whereas, notice of hearing 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
impmvamects for said project.
Passed, adopted and approved this 6th
day of October, 1997.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, city Clerk
Counoil Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Buol. Motion carded 6"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 contract for project,
presented and read. Council Member
Vestberg moved that the proof and
communication be received and filed.
Seconded by Council Member Buol. Motion
carded 6-0.
RESOLUTION NO. 426-97
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 1997 Harbor
Maintenance Dredging Project pursuant to
Resolution No. 404-97 and notice to bidders
published in a newspaper published in the
City of Dubuque, lewa on the 18th day of
September, 1997.
Whereas, es[d sealed proposals were
opened and read on the 25th day of
September, 1997 and it has been
determined that the bid of Newt Madna
Service, inc. of Dubuque, Iowa in the amount
of $49,850,00 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 Newt Marine
Service, Inc. and the Manager be and is
hereby directed to execute a contract on
behalf of the City oi' Dubuque for the
complete performance of the work, BE IT FURTHER RESOLVED;
That upon the signing of said contract and
the approval of the contm~tor's bond, the
City Treasurer is authorized and inatruoted to
return the bid deposes of the unsuccessful
bidders.
Passed, appmvad and adopted this 6th
day of October, 1997.
Terranna M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Buol. Motion carded 6-0.
Clty Manager recommending approval of
Regular Session, October 6~ 1997
266
request for a pilot deer harvesting project on
Sisters of St. Francis farm, presented and
read. Council Member Michalski moved that
the communication be received and filed and
approved recommendation. Seconded by
Council Member Nicholson. Motion carried
6-0.
Mike Buelow, Chair of the Environmental
Stewardship Advisory Comm. stated that
there are over sixty deer on the Sisters of St.
Francis properly.
An Ordinance Amending Section 33-7 of
the City Code of Ordinances to allow hunting
with bow and arrow of antler-less deer by
persons licensed by Iowa DNR during a
designated hunting season, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 65-97
AN ORDINANCE AMENDING SECTION 33-
7 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES PROHIBITING HUNTING
WITH BOW AND ARROW BY ALLOWING
HUNTING WITH BOW AND ARROW OF
ANTLERLESS DEER BY PERSONS
LICENSED BY THE IOWA DEPARTMENT
OF NATURAL RESOURCES DURING A
DESIGNATED HUNTING SEASON.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
Section 1. Section 33-7 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
(a) It shall be unlawful for any person
within the corporate limits of the City to use
any slingshot of any kind, or to willfully or
carelessly throw any stone, stick or other
mJssEe in such manner as to hit, injure or
endanger any person, or window or other
property, or for any person within the
corporate limits of the City to hunt with a bow
and arrow.
(b) Nothing heroin shall pmhibE the
hunting with bow and arrow of antlerless
deer by persons licensed by the Iowa
Department of Natural Resources during the
period from October 1, 1997 through
December 5, 1997 and December 22, 1997
through January 10, 1998 on the Sisters of
St. Francis farm.
Section 2. This Ordinance shall take
effect upon publication.
Section 3. Paragraph (b) of this
Ordinance shall be automstically repealed
on January 11, 1998.
Passed, approved and adopted this 6th
day of Ootober, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk _
Published officially in the Telegraph
Herald newspaper this 14th day of October,
1997.
It 10/14 Mary A. Davis CMC, City Clerk
Council Member Michalski moved that the
requirement that a proposed Ordinance be
considered and Voted on for passage st two
Council Meetings prior to the meeting at
which it is to be finally passed be suspended.
Seconded by NiohoJson. Motion carried 6-0.
Michalski moved final consideration and
passage of the Ordinance, as amended with
Sec. l(b) "with bow and arrow" added.
Seconded by Nioholson. Motion carried 6-0.
City Manager recommending
establishment of an Enterprise Zone in parts
of Census Tract 1 and Census Tract 2 to
provide incentives for redevelopment and job
creation, presented and read. Counoil
Member Michalski moved that they
communication be received and filed and
resolved to place on the October 20, 1997
City Council Agenda. Seconded by Council
Member Buol. Motion carried 6-0.
Rhodes (Bud) lesnhart objected to
Enterprise Zone establishment.
Frank Amedia, President of Eagle
Window & Door expressed their desire to
relesste to area on Kerper Blvd. Industrial
Park, presented and read. Council Member
Michalski moved that the communication be
received and filed. Seconded by Council
Member Buol. Motion carried 6"0.
City Manager submitting ordinance
providing for speed limits on Northwest
Arterial as recommended by State DOT,
~resented and read. Council Member Buol
moved that the communication be received
and filed. Seconded by Council Member
Nicholson. Motion carried 6-0.
An Ordinance Amending Section No. 32-
231 of the City Code of Ordinances by
revising subsection (c) providing for the
establishment of speed limes on the
Northwest Arterial, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 56-97
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA BY REVISING
SUBSECTION (C) OF SECTION 32-231
THEREOF PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS ON
THE NORTHWEST ARTERIAL
NOW, THEREFORE, BE IT ORDAINED
BYTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended by
deisting the Northwest Arterial from
Subsection (c) of Section 32-231 thereof as
follows:
"Sec 32-231 Limits ~enerally.
jo)
THIRTY-FIVE (35) MILES PER HOUR
Northwest Arterial, from a point six
hundred feet (600') south of Pennsylvanl,a.
Avenue to a point six hundred feet (600)
north of Pennsylvania Avenue, from a
point six hundred feet (600') south of
Asbury Road to a point six hundred feet
(600') north of Asbury Road.
FORTY-FIVE (45) MILES PER HOUR
Northwest Arterial, U.S. Highway 20 to a
267
Regular Session, October 6, 1997
point six hundred feet (600') south of
Pennsylvania Avenue, from a point six
hundred feet (600') north of Pennsylvania
Avenue to a point six hundred feet (600')
south of Asbury Road, and from a point
six hundred feet (600') north of Asbury
Road to J.F. Kennedy Road.
Section 2. That the Code of Ordinances
of the City of Dubuque, Iowa be amended by
adding the Northwest Arterial to Subsection
(c) of Section 32;231 thereof as follows:
"Sec. 32-231. Limits Generally,
!e)
FORTY-FIVE (45)
Northwest Arterial, U.S. Highway 20 to
J.F. Kennedy Road.
Passed, approved and adopted this 6th
day of October, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 18th day of October,
1997.
It 10/18 Mary A. Davis CMC, City Clerk
Council Member Buoi 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. Motion carried 6-0.
Council Member Buol moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 6-0.
City Manager recommending approval of
the 28E Agreement with the Dubuque
Community School District that allowa for the
development of Valentine Park, presented
and read. Council Member Vostberg moved
that the communication be received and filed
and recommendation. Seconded by Council
Member Buol. Motion carried 6-0.
National League of Cities requesting
Council designate the voting delegate and
alternate delegate for annual business
mest~ng to be held in December,
presented and read. Council Member
Nicholson moved that Council Member
Voetberg be designated as the voting
delegate with Council Member NJcholson as
the alternate. Seconded by Council Member
Buol. Motion carried 6-0.
City Manager submitting documents
providing for bidding process for construction
of Fremont Avenue Sanitary Sewer
Extension, presented and read. Council
Member Michalskl moved that the
commun[cation be received and filed.
Seconded by Council Member Robbins.
Motion carried 6-0.
RESOLUTION NO. 427-97
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for the
Fremont Avenue Sanitary Sewer Extension,
in the estimated amount of $149,976.38, are
hereby approved and ordered filed in the
office of the City Clerk for public inspection.
Passed, adopted and approved this 6th
day of October, 1997.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalskl moved
adoption of the Resolution. Seconded by
Council Member Robbins. Motion carried 6-
0.
RESOLUTION NO. 428-97
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the Fremont
Avenue Sanitary Sewer Extension.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CiTY OF
DUBUQUE, IOWA:
That on the 3rd day of November, 1997, a
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
speslficafioss, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
end place of such hearing to be published in
a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
be not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file ob ect[ons to the
proposed plans, specifications, contract, or
estimated cost of the improvement,
Passed, adopted and approved this 6th
day of October, 1997.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Robbins. Motion carried 6-
0.
RESOLUTION NO. 429-97
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council
of the City of Dubuque and are now on file in
the office of City Clerk showing among other
things the plans, speslflcafions, 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 by the City
Council, for the Fremont Avenue Sanitary
Sewer Extension.
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 mentioned improvements, and
unless property ownem at the time of the
Reqular Session~ October 6, 1997
268
final consideration of this proposed
resolution have on file with the City Clerk
objections to the rasolution of necessity, they
shall be deemed to have waived all
objections pertaining to the regularity of the
proceeding and the legality of using the
special assessment procedure.
Said improvements shall be construoted
and done in accordance with the plans and
specifications which have been approved, by
the City Council and now on file with the City
Clerk. That the cost and expense of maldng
such improvement will be assessed partially
or tctarly against privately owned property
lying with the assessment limits, and in an
amount not to exceed that provided by law,
and in proportion to the special benefits
conferred.
The portion of the cost which shall be
borne by the City will be paid from the
Sanitary Sewer Construction 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 resolution was introduced,
appmvad and ordered placed on file wlth the
City Clerk this 6th day of October, 1997.
Approved and placed on file for final
action.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Robblns. Motion carried 6-
6.
RESOLUTION NO. 430-97
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
apprevai on the proposed plans,
specifications and form of contract and
placed same on file In the office of the City
Clerk for public inspection, for the Fremont
Avenue Sanitary Sewer Extension, and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City
Clerk's office for public inspection.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 3rd day of November, 1997,
a public hearing will be held at 7:00 o'clock
p.m. in the Public Library Auditorium in the
City of Dubuque at which time the owners of
property subject to assessment for the
proposed improvement or any other person
having an interest in the matter may appear
and be heard for or against the making of
the improvement, the boundaries of the
district, the cost, the assessment against
any lot, or the final adoption of a resolution
of necessity 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 newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall be 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 have
waived all objections thereto.
Passed, adopted and approved this 6th
day of October, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michaiski moved
adoption of the Resolution. Seconded by
Council Member Rbbbins. Motion carded 6-
0.
RESOLUTION NO. 431-97
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, 1 to 1
inclusive, ara hereby determined to be the
schedule of proposed assessments for the
Fremont Avenue Sanitary Sewer Extension
and the valuations set out herein are hereby
approved.
Passed, approved and adopted this 6th
day of October, 1997.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Robbins. Motion carried 6-
0.
City Manager requesting public hearing
be set for November I7, 1997 to consider an
amended Urban Renewal Plan for the
Dubuque Industrial Center Economic
Devalopment District (Bergfeld Farm
Expansion), presented and read. Council
Member Voetberg moved that the
communicafion be received and filed.
Seconded by Council Member Buol. Motion
carried 6-0.
RESOLUTION NO. 432 -97
A RESOLUTION OF NECESSITY FINDING
THAT THE FURTHER EXPANSION OF
THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT IS
AN ECONOMIC DEVELOPMENT AREA
AND THAT DEVELOPMENT OF SAID
AREA IS NECESSARY IN THE INTEREST
OF THE RESIDENTS OF THE CITY OF
DUBUQUE, IOWA.
Whereas, the City Council of the City of
Dubuque has determined that the further
expansion of the Dubuque Industrial Center
Economic Devalopment District will provide
additional industrial development sites
necessary for new and expanding
businesses; and
Whereas, the City Council has found
through recent studies and general plan for
269
Regular Session, October 6, 1997
the City that a severn deficit of industrial
development land exists in the community
which prevents the growth and expansion of
job creating development activities; and
Whereas, the City Council has
determined that the further expansion of the
Dubuque Industrial Center Economic
Development District will enhance the City's
ongoing economic development efforts; and
Whereas, the City Council has found that
the proposed eXpansion area meets the
definition of an economic development area
as found in Chapter 403 "Urban Renewal" of
the Iowa Code; and
Whereas, Chapter 403 of the iowa Code
requires that before urban renewal authority
may be exercised, a City Council must adopt
a resolution of necessity finding that the area
in question is a slum, blighted or economic
development area, and that so designating
such area is necessary in the interest of the
public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following described
area, which is pmpoesd to be added to the
Dubuque Industrial Center Economic
Development District, is an economic
development area as defined by Chapter
403 of the iowa Code and is appropriate for
an urban renewal project, to wit:
Whlte's Addition, Lots 1 through 9 and 18
through 26 and 35 through 43 and 52
through 60, also known as the Northwest
Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4), containing 40 acres,
more or less; the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4),
containing 40 acres, more or less; Lot
One (1) of the Subdivision of the
Southeast Quarter (SE 1/4) of the
Southeast Quarter (SE 1/4), containing
33.50 acres, more or less; and Lot One
(1) of the Subdivision of the Southwest
Quarter (SW 1/4) of the Southeast
Quarter (SE 1/4), containing 37.50 acres,
more or less, and any adjoining public
right-of-way; all tn Section 30, Township
89 North, Range 2 East of the 5th P.M.,
Dubuque Township, Dubuque County,
Iowa, containing in all 151 acres, more or
less, according to the United States
Government Survey thereof and recorded
plats thereof. (hereinafter, the "Expansion
Area")
Section 2. That the devstopment of the
Expansion Area for new industrial uses is
necessary and appropriate to facilitate the
proper growth and development of the
community in accordance with sound
planning and local community objectives,
Section 3. That the further expansion of
the Dubuque industrial Center Economic
Development District to include the
Expansion Area will provide new
development sites for industrial expansion
and job creation in the community.
Section 4, That the City Manager is
authorized and directed to prepare an
Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic
Development Distdct to include the
Expansion Area, to forward said Plan to the
City's Long Range Planning Commission for
review and comment and to begin the
consultation process required by law with
affected taxing entities.
Section 5. That the City Clerk is directed
to publish notice of a public hearing on the
adoption of an Amended and Restated
Urban Renewal Plan for the Dubuque
Industrial Center Economic Development
District to be held on November 17, 1997 at
7:00 p.m. in the Carnegie-Stout Public
Library Auditorium, 11th and Bluff Streets,
Dubuque, iowa 52001 and that said notice
shall generally identify the area covered by
the ,Amended end Restated Plan and the
general scope of the Amended and Restated
Plan and the activities planned for such
areas.
Section 6. That the City Clerk is further
directed to send by ordinary mail a copy of
said notice of public hearing to the Dubuque
Community School District, the County Board
of Supervisors and the Northeast Iowa
Community College, as the affected taxing
entities.
PASSED, APPROVED and ADOPTED
this 6th day of October, 1997.
Termnce M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
Council Member Vestberg moved
adoption of the Resolution and set Public
Hearing for 11-17-97 at 7:00 p.m. in the
Public Library Auditorium and direct the City
Clerk to publish notice in the manner
)rescdbed by law. Seconded by Council
Member Duel. Motion carried 6-0.
City Manager requesting a public hearing
be set for November 17, 1997 for Downtown
Urban Renewal District, presented and read.
Council Member Duel moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Motion carried 6-0.
RESOLUTION NO. 433-97
A RESOLUTION OF NECESSITY FINDING
THAT THE DOWNTOWN DUBUQUE
URBAN RENEWAL DISTRICT IS AN AREA
MEETING THE DEFINITIONS OF BLIGHT
AND ECONOMIC DEVELOPMENT AND
THAT DEVELOPMENT OF SAID AREA IS
NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY OF DUBUQUE,
IOWA.
Whereas, the City Council of the City of
Dubuque has determined that the further
expansion of the Downtown Dubuque Urban
Renewal District will ~rovide redevelopment
opportunities which witl further the purposes
and objectives of the Downtown Urban
Renewal Plan; and
Whereas, the City Council has found that
the proposed expansion area meets the
de~finltion of blight area and an economic
development area as found In Chapter 403
"Urban Renewal" of the Iowa Code; and
Whereas, the City Council of the City of
Dubuque has determined that the further
amendment of the Plan for the Downtown
Reqular Session~ October 6~ 1997 270
Dubuque Urban Renewal District will provide
additional authority and regulations to
encourage reinvestment and redevelopment
of the city's downtown core; and
Whereas, the City Council has found that
the Old Main Neighborhood Reinvestment
Strategy allowed for an evaluation of its
progress after a two year period; and
Whereas, the City Council has
determined that the further amendment of
the Plan for the
Downtown Dubuque Urban Renewal Distdct
will enhance the Ci~s ongoing downtown
economic development and rehabilltaties
efforts; and
Whereas, Chapter 403 of the Iowa Code
requires that before urban renewal authority
may be exercised, a City Council must adopt
a resolution of necessity finding that the area
in question is a slum, blighted or economic
development area, and that so designating
such area is necessary in the interest of the
public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following described
area, which is proposed to be added to the
Downtown Dubuque Urban Renewal District,
is a blight area and an economic
development area as defined by Chapter
403 of the Iowa Code and is appropriate for
an urban renewal project, to wit:
South '/, of City Lot 167, City Lot 168 and
City Lot 168A; Lots 1 & 2 of City Lots 204,
205, 206,207 and 208, N. 23' of City Lot
263, S. 28.5' of City Lot 263, N. % of City
Lot 262, S. % of City Lot 262, N. % of City
Lot 261, all in Section 24, Township 89
North, Range 2 East, 5th P.M., Dubuque
County, Iowa and any adjoining public
right-of-way.
(hereinafter, the "Expansion Area")
Section 2. That the development of the
Expansion Area, along with additional land
acquisition map changes within the District,
is necessary and appropriate to facilitate the
proper growth and development of the
community in accordance with sound
planning and local community objectives.
Section 3. That the City Manager is
authorized and directed to prepare an
Amended and Restated Urban Renewal Plan
for the Downtown Dubuque Urban Renewal
District, to forward said Plan to the City's
Long Range Planning Commission for
review and comment and to begin the
consultation process required by law with
affected taxing entities.
Section 4. That the City Clerk is directed
to publish notice of a public hearing en the
adoption of an Amended and Restated
Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District to be held
on November 17, 1997 at 7:00 p.m. in the
Carnegie-Stout Public Library Auditorium,
11th and Btuff Streets, Dubuque, Iowa 52001
and that said notice shall generally identity
the area covered by the Amended and
Restated Plan and the general scope of the
Amended and Restated Plan and the
activities planned for such areas.
Section 5. That the City Clerk is further
directed to send by ordinary mail a copy of
said notice of public hearing to the Dubuque
Community School District, the County Board
of Supervisors and the Northeast Iowa
Community College, as the affected taxing
entities.
PASSED, APPROVED and ADOPTED
this 6th day of October, 1997.
Terrence M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution and set the matter for Public
Hearing on 11-17-97 at 7:00 p.m. in the
Public Library Auditorium and direct the City
Clerk to publish notice in the manner
~resoribed by law, Seconded by Council
Member Vestberg. Motion carried 6-0.
City Manager recommending to set a
~ubllc hearing on 10-20-97 to consider
disposing of property to Ernest & Elizabeth
Madison, presented and read. Council
Member Nicholson moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Motion carried 6-0.
RESOLUTION NO, 434-97
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED DREXEL AVENUE
BETWEEN VINTON STREET AND
TOLEDO STREET, AND PART OF
TOLEDO STREET BETWEEN LOT 4 OF
BLASEN PLACE AND THE EAST RIGHT-
OF-WAY OF DREXEL AVENUE, AND THE
A! ! Fy BETWEEN DREXEL AVENUE AND
CHICAGO AVENUE FROM WALKER
STREET TO LOT 4 OF BLASEN PLACE
Whereas, there has been presented to
the City Council of the City of Dubuque,
Iowa, a plat dated August 21, 1997, prepared
by Bues[ng and Associates, describing the
proposed vacated port[on of Drexel Avenue
between Vinton Street and Toledo Street,
and part of Toledo Street between Lot 4 of
Blasen Place end the east right-of-way of
Drexel Avenue, and the alley between Drexel
Avenue and Chicago Avenue from Walker
Street to Lot 4 of Blasen Place; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated August 21,
1997, prepared by Buesing and Associates,
relative to the real estate hereinabove
described be and the same is hereby
approved, and the Mayor and City Clerk be
and they are hereby authorized and directed
to execute said plat for and on behalf of the
City of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to file said
)lat and certified copy of this resolution in the
office of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this 6th
day of October, 1997.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
: Reqular Session, October 6, 1997 272
271
Regular Session, October 6, 1997
Council Member Nicholson moved
adoption of the Resolution. Seconded by
Council Member Robbins. Motion carried 6-
0.
An Ordinance Vacating above described
property, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 57-97
ORDINANCE VACATING DREXEL
AVENUE BETWEEN VlNTON STREET AND
TOLEDO STREET, AND PART OF
TOLEDO STREET BETWEEN LOT 4 OF
BLASEN pLACE AND THE EAST RIGHT-
OF-WAY OF DREXEL AVENUE, AND THE
ALLEY BETWEEN DREXEL AVENUE AND
CHICAGO AVENUE FROM WALKER
STREET TO LOT 4 OF BLASEN PLACE
Whereas, Ernest and E~izabeth Madison
have requested the vacating of Drexel
Avenue between Vinton Street and Toledo
Street, and part of Toledo Street between Lot
4 of Blaeen Place and the east right-of-way
of Drexel Avenue, and the alley between
Drexel Avenue and Chicago Avenue from
Walker Street to Lot 4 of Blaeen Place; and
Whereas, Buesing and Associates has
prepared and submitted to the City Council a
plat showing the vacated portion of Drexel
Avenue between Vinton Street and Toledo
Street, and part of Toledo Street between Lot
4 of Blasen Place and the east right-of-way
of Drexel Avenue, and the alley between
Drexel Avenue and Chicago Avenue from
Walker Street to Lot 4 of BIasen Place and
assigned lot numbers thereto, which
hereinafter shall be known and described as
Lots 412-A; 418-A, 4800A, 482-A, and 484-A
all in North Dubuque Subdivision in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Drexel
Avenue between V[nton Street and Toledo
Street, and par[ of Toledo Street between Lot
4 oi' Bleeen Place and the east right-of-way
of Drexel Avenue, and the alley between
Drexel Avenue and Chicago Avenue from
Walker Street to Lot 4 of Bleeen Place are
no longer required for public use, and
vacating of said portions of said streets and
alley to be known as Lots 412-A, 418-A, 4800
A, 482-A, and 484-A all in North Dubuque
Subdivision in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described
as Lots 412-A, 418-A, 480.A, 482-A, and
484-A all in North Dubuque Subdivision in
the City of Dubuque, Iowa, be and the same
is hereby vacated.
Passed, approved and adopted this 6th
day of October, 1997.
Terranca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of October,
1997.
It 10/14 MsryA. Davis CMC, City Clerk
Council Member Nicholson 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 Council Member Robbins.
Motion carried 8-0. Council Member
Nicholson moved final consideration and
passage of the Ordinance. Seconded by
Council Member Robbins. Motion carried 6-
O.
RESOLUTION NO. 435-97
;rESOLUTION DISPOSING OF CITY
INTEREST IN LOTS 4t2-A, 418.A, 49it-A,
4it2-A, AND 484-A ALL IN NORTH
DUBUQUE SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas, Ernest and Elizabeth Madison
have requested the vacating of Drexel
Avenue between Vinton Street and Toledo
Street, and part of Toledo Street between Lot
4 of Blasen Place and the east right-of-way
of Drexel Avenue, and the alley between
Drexel Avenue and Chicago Avenue from
Walker Street to Lot 4 of Blaeen Place; and
Whereas, Buesing and Associates has
)repared and submitted to the City Council a
gat showing the vacated portion of Drexel
Avenue between V~nton Street and Toledo
Street, and part of Toledo Street between Lot
4 of Blasen Place and the east right-of-way
of Drexel Avenue, and the alley between
Drexel Avenue and Chicago Avenue from
Walker Street to Lot 4 of Blasen Place and
assigned lot numbers thereto, which
hereinafter shall be known and described as
Lots 412-A, 418-A, 4800A, 482-A, and 484-A
all in North Dubuque Subdivision in the City
of Dubuque, Iowa; and
Whereas, the CH Council of the City of
Dubuque, Iowa has determined that said
streets and alley are no longer required for
public use and vacating and sale of Lots
412-A, 418-A, 4800A, 482-A, and 484-A a n
North Dubuque Subdivision in the City of
Dubuque, Dubuque County, Iowa shou!d be
approved.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its Interest in Lots 412-
A, 418-A, 480-A, 482-A, and 484-A all in
North Dubuque Subdivision in the City of
Dubuque, Iowa, to Ernest and Elizabeth
Madison.
Section 2. That the City Clerk be and is
hereby authorized and directed to cause and
notice of intent to dispose of said real estate
in the manner as prescribed by law.
Passed, approved and adopted this 6th
day of October, 1997.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved
adoption of the Resolution and set matter for
Public Hearing on 10-20097 at 7:00 p.m. in
the Public Library Auditorium and direct the
City Clerk to publish notice in the manner
~reecribed by law.. Seconded by Council
Member Robbins. Motion carried 6-0.
At 9:05 p.m. Council Member MIchalski
moved that to go into Cloeed Session in
accordance with Chapter 21.5 1. II) 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 preperb/. Seconded by Council Member
Buol. Motion carried 6-0.
Councll reconvened Regular Sees[on at
9:47 p.m. with statement that Staff had been
given proper direction.
Them being no further business, Council
Member Michalskl moved to adjourn.
Seconded by Council Member Buol. Motion
carded 6-0. The meeting adjourned at 9:48
Mary A. Davis CMC
City Clerk
Mary A. Davis CMO
City Clerk
Approved~1997
City Clerk
Regular Session, October 20, 1997
DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Regular Quarterly Meeting, October 20,
1997
Approved , 1997
Board met at 6:50 p.m., Public Library
Auditorium
Adopted , 1997
Present: Chairperson Duggan, Board
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg.
Chairperson
Chairperson Duggan read the call and
stated this is the Regular Quarterly Meeting
called for the purpose to act upon such
business which may properly come before the
Board.
The Annual Report and Summary of
Healthy Dubuque 2000 was presented by
Mary Rose Corrigan.
Ms. Corrigan spoke giving specifics of the
report. Board Member Michalski moved that
the report and summary be received and filed.
Seconded by Board Member Nicholson.
Board Members
Motion carried 7-0.
Attest:
Iowa Department of Health submitting first
draft of Local Board of Health Rules in Iowa
Secretary, Board of Health
Administrative Code (IAC) Chapter 77,
presented and read. Julie McMahon spoke to
proposed changes in IAC, Ch. 27. Board
Member Nicholson moved that the draft be
received and filed. Seconded by Board
Member Robbins. Motion carried 7-0.
There being no further business, Board
Member Voetberg moved to adjourn.
Seconded by Board Member Buol. Motion
carried 7-0. The meeting adjourned at 7:03
p.m.
/s/ Mary A. Davis CMC
Secretary, Board of Health
Regular Session, October 20, 1997
Program, presented and read. Council
Member Voetberg moved that the proofs be
received and filed. Seconded by Council
DUBUQUE
Member Nicholson. Motion carried 7-0.
Substance Abuse Services Center
CITY COUNCIL
submitting their 1st quarterly report, presented
and read. Council Member Voetberg moved
that the report be received and filed.
OFFICIAL
Seconded by Council Member Nicholson.
PROCEEDINGS
Motion carried 7-0.
NOTICES OF CLAIMS/SUITS — Martin
City Council, Regular Session, October 20,W. Dunne vs. Dubuque Racing Association et
1997.al, in unknown amount for personal injuries;
Council Met at 7:00 p.m., Public LibraryFidelity Mortgage Decisions Corp., vs. David
Auditorium.Haferbecker et al, in unknown amount for
Present: Mayor Duggan, Council Membersmortgage payments due; Joseph & Janice
Buol, Krieg, Michalski, Nicholson, Robbins,Healey in estimated amount of $7590.00 for
Voetberg, City Manager Michael Van Milligen,
property damages; Joe Meyer in amount of
Corporation Counsel Barry A. Lindahl.
$400.00 for property damages; Theodora
Richardson vs. City of Dubuque et al in
Mayor Duggan read the call and stated this
amount of $10,000 for personal injuries; Laura
is the Regular Session of the City Council
Sarazin for Jenna Sarazin in amount of
called for the purpose to act upon such
$257.00 personal injuries; Mrs, Theresa
business which may properly come before the
Shappell in unknown amount for vehicle
Council.
damages, presented and read. Council
Member Voetberg moved that the claims and
Invocation was given by Father James
suits be referred to the Legal Staff for
Hayes, Spiritual Director of Wahlert High
investigation and report. Seconded by Council
School.
Member Nicholson. Motion carried 7-0.
PROCLAMATIONS — Week of Oct. 23-31
Corporation Counsel recommending denial
“Red Ribbon Week” received by students from
of tire damage claim of Jeffrey Robbins,
Washington Junior High School; Nov. 2-9 as
presented and read. Council Member
“Radiologic Technology Week” received by
Voetberg moved that the communication be
Sara Clewell; and Nov. 5 as “20th Anniversary
received and filed and approved denial.
of Legal Services of Iowa Day” received by
Seconded by Council Member Nicholson.
Gail Klearman.
Motion carried 7-0.
MINUTES SUBMITTED — Cable
Corporation Counsel advising following
Teleprogramming Commission of 10-7; Cable
claims have been referred to Crawford &
Regulatory Commission of 10-8; Civil Service
Company: Subrogation claim for Patricia
Commission of 7-16, 7-28 & 9-4; Community
Folger by Health Choices, Inc.; False arrest of
Development Advisory Commission of 9-30;
David Dolan; Property damage of Donald
Historic Preservation Commission of 9-25;
Lochner, presented and read. Council
Housing Commission Trust Fund Committee
Member Voetberg moved that the
of 10-2; Library Board of Trustees of 8-28;communication be received and filed.
Mechanical Board of 9-23; Transit TrusteeSeconded by Council Member Nicholson.
Board of 10-9; Zoning Advisory CommissionMotion carried 7-0.
of 10-1; Zoning Board of Adjustment of 9-25,
presented and read. Council MemberCorporation Counsel advising following
Voetberg moved that the minutes be receivedclaims have been referred to Public Risk
and filed. Seconded by Council Member
Entity Services: Car damage of Thomas
Nicholson. Motion carried 7-0.
Thilmany and Fall/personal injury of Nancy
Peil, presented and read. Council Member
Finance Director submitting Financial
Voetberg moved that the communication be
reports for month ending Sept., 1997 and
received and filed. Seconded by Council
Finance Director submitting quarterly
Member Nicholson. Motion carried 7-0.
investment report ending 9-30-97, presented
and read. Council Member Voetberg moved
Corporation Counsel advising sidewalk
that the report be received and filed.
damage claim of Kathleen Link has been
Seconded by Council Member Nicholson.
referred to Portzen Construction, presented
Motion carried 7-0.
and read. Council Member Voetberg moved
that the communication be received and filed.
Proof of Publication on List of Claims and
Seconded by Council Member Nicholson.
Summary of Revenues for month ending 8-31-
Motion carried 7-0.
97; Proof of Publication on publishing Council
meeting for 9-15-97 and Proof of Publication
Corporation Counsel recommending
on Notice to obtain views concerning the
payment of $100 be authorized to be paid as
Grantee Performance Report for CDBG
part of sanitary sewer program to Mr. & Mrs.
Regular Session, October 20, 1997
Dan O’Hara claim, presented and read.COUNTY, IOWA
Council Member Voetberg moved that theWhereas, there has been filed with the City
claim be received and filed and approvedClerk a final plat of Lots 1 through 3 of
settlement and Finance Director to issueWertzberger Acres in Dubuque County, Iowa;
proper check. Seconded by Council Memberand
Nicholson. Motion carried 7-0. Whereas, upon said final plat appears a
66-foot wide access easement; and
October 14, 1997Whereas, said final plat has been reviewed
Honorable Mayor and Members of the Cityby the Zoning Advisory Commission and had
Counciltheir approval endorsed thereon; and
In accordance with Chapter 400 of theWhereas, said final plat has been
1997 Code of Iowa, the Civil Serviceexamined by the City Council and they find
Commission conducted a written entry levelthat it conforms to the statutes and ordinances
examination on August 12, 1996 for therelating to it, except that public utilities have
position of Firefighter/Entry Level in the Fireyet to be installed.
Department. The first list, which was certifiedNOW, THEREFORE, BE IT RESOLVED
on October 14, 1996 has been exhausted andBY THE CITY COUNCIL OF THE CITY OF
a second list is available for certification.DUBUQUE, IOWA:
We hereby certify that the followingSection 1. That the final plat of Lots 1
individuals are eligible from the second list andthrough 3 of Wertzberger Acres in Dubuque
ask that further appointments be made fromCounty is hereby approved and the Mayor and
this list.City Clerk are hereby authorized and directed
FIREFIGHTER - ENTRY LEVELto endorse the approval of the City of
Dennis BradleyJason SteilDubuque, Iowa, upon said final plat.
Daryl ShecklesBrian FarberSection 2. That the City Council hereby
Robert James, Jr.Steven Passwaives Article IV, Design and Improvement
Mark MurphyTed HillardStandards, of the Subdivision Regulations,
Kevin EsserDavid Luberexcept Section 42-19, Lots and Blocks.
Phillip ArensdorfThomas DeckertSection 3. That in the even the owner shall
Brian AbbottSheila Hartfail to execute the acceptance within 45 days
Greg HarrisRobert Jungblut, Jr.after the date of this resolution, the provisions
Jason StearnsMichael Robertsonhereof shall be null and void and the
Steven CareyRoland Tenleyacceptance of the dedication and approval of
Raymond PlathAnthony Fortmannthe plat shall not be effective.
Joshua RedmondJeffrey DoerrPassed, approved and adopted this 20th
Lee KennedyJohn Fullerday of October, 1997.
John MichelDonald ByersTerrance M. Duggan, Mayor
Daniel NeenanDaryl BerningAttest: Mary A. Davis, City Clerk
Steve SiefkerIan CruseACCEPTANCE OF
Brian KlinknerRobert LenaertsRESOLUTION NO. 436-97
Jerrod AtkinsonMichael KuhnWe, the undersigned, Walter and Carolyn
Michael KammWertzberger, having read the terms and
Respectfully submitted,conditions of the Resolution No. 436-97 and
/s/ Merle J. Duehr, Jr.being familiar with the conditions thereof,
Chairpersonhereby accept this same and agree to the
/s/ Tom Rawsonconditions required therein.
Civil Service CommissionDated in Dubuque, Iowa this 23rd day of
Council Member Voetberg moved that theOctober, 1997.
above Civil Service certification be made aBy: /s/ Walter Wertzberger
matter of record. Seconded by CouncilBy: /s/ Carolyn Wertzberger
Member Nicholson. Motion carried 7-0. Council Member Voetberg moved
adoption of the Resolution. Seconded by
American Airlines advising of use ofCouncil Member Michalski. Motion carried 6-
Ethylene Glycol to de-ice their aircraft,0. Abstain—Mayor Duggan.
presented and read. , Council Member
Voetberg moved that the communication beBill & Patty McGuire requesting to
received and filed. Seconded by Councilpurchase land adjoining their property at 750
Member Nicholson. Motion carried 7-0. Montcrest St., presented and read. Council
Member Voetberg moved that this matter be
Zoning Advisory Commission advising ofreferred to the City Manager. Seconded by
their approval of final plat of WertzbergerCouncil Member Nicholson. Motion carried 7-
Acres, presented and read. Council Member0.
Voetberg moved that the communication be
received and filed. Seconded by CouncilCity Manager recommending approval of
Member Michalski. Motion carried 6-0.agreement between City and Firefighters
Abstain—Mayor Duggan.Assn., presented and read. Council Member
Voetberg moved that the communication be
RESOLUTION NO. 436-97received and filed. Seconded by Council
RESOLUTION APPROVING THE FINALMember Nicholson. Motion carried 7-0.
PLAT OF LOTS 1 THROUGH 3 OF
WERTZBERGER ACRES IN DUBUQUERESOLUTION NO. 437-97
Regular Session, October 20, 1997
APPROVING THE AGREEMENTinformation on Downtown Urban Renewal
BETWEEN THE CITY OF DUBUQUE,District which has been set for a public
IOWA, AND THE DUBUQUEhearing on November 17, 1997, presented and
PROFESSIONAL FIREFIGHTERSread. Council Member Voetberg moved that
ASSOCIATION, LOCAL #353 ANDthe communications be received and filed.
AUTHORIZING THE MAYOR TO SIGN THESeconded by Council Member Nicholson.
AGREEMENT Motion carried 7-0.
Whereas, the Sixty-Fifth General Assembly
adopted the Public Employment Relations Act,City Manager submitting Grantee
Chapter 20, Code of Iowa; andPerformance Report to HUD for period of July
Whereas, the City of Dubuque is a public1, 1996 to June 30, 1997, presented and read.
employer within the meaning of Section 3 (1)Council Member Voetberg moved that the
of the Public Employment Relations Act; andcommunication be received and filed.
Whereas, the Dubuque ProfessionalSeconded by Council Member Nicholson.
Firefighters Association, Local #353 is anMotion carried 7-0.
employee organization within the meaning of
Section 3 (4) of the Public EmploymentRESOLUTION NO. 438-97
Relations Act; and RESOLUTION AUTHORIZING THE
Whereas, the Dubuque ProfessionalSUBMISSION OF A GRANTEE
Firefighters Association, Local #353,PERFORMANCE REPORT FOR THE
submitted a request to bargain collectively onPERIOD COMMENCING JULY 1, 1996 AND
behalf of the employees within itsCONCLUDING JUNE 30, 1997.
representation; andWhereas, the City of Dubuque, Iowa, is an
Whereas, bargaining between the partiesentitlement grant recipient under the
has occurred and an agreement has beenCommunity Development Block Grant (CDBG)
concluded.Program of the U.S. Department of Housing
NOW, THEREFORE, BE IT RESOLVEDand Urban Development (HUD); and
BY THE CITY COUNCIL OF THE CITY OFWhereas, the CDBG regulations require
DUBUQUE, IOWA:that no later than ninety (90) days after the
Section 1. That the terms of the agreementcompletion of a program year, each
be approved and the Mayor authorized andentitlement recipient must submit a
directed to sign the collective bargainingperformance and evaluation report, Grantee
agreement.Performance Report (GPR); and,
Passed, approved and adopted this 20thWhereas, the City has 1) prepared a GPR
day of October, 1997.for the program year commencing July 1,
Terrance M. Duggan, Mayor 1996 and concluding June 30, 1997; 2)
Attest: Mary A. Davis, City Clerk published notice of availability of the GPR in
Council Member Voetberg moved adoptionthe Telegraph Herald on September 11, 1997
of the Resolution. Seconded by Counciland in the Dubuque Advertiser on September
Member Nicholson. Motion carried 7-0. 10, 1997; 3) made copies of the GPR
available for public review at the Carnegie
City Manager recommending execution ofStout Public Library, City Hall, and Housing
Actuarial Services Agreement with SegalServices Department; 4) held a public hearing
Company, presented and read. Councilpursuant to published notice before the
Member Voetberg moved that theCommunity Development Advisory
communication be received and filed andCommission on September 30, 1997; and 5)
recommendation approved. Seconded byrequested an extension from HUD for
Council Member Nicholson. Motion carried 7-submission of the GPR; and
0. Whereas, the Community Development
Commission has voted to approve the GPR
HUD submitting their report on CDBGand to recommend City Council approval.
Review of the City, presented and read.NOW, THEREFORE, BE IT RESOLVED
Council Member Voetberg moved that theBY THE CITY COUNCIL OF THE CITY OF
communication be received and filed.DUBUQUE, IOWA:
Seconded by Council Member Nicholson.Section 1. That the Grantee Performance
Motion carried 7-0. Report for the period commencing July 1,
1996 and concluding June 30, 1997, a copy of
City Manager recommending execution ofwhich is attached, is hereby approved for
contract for services to conduct 2nd annualsubmission.
city-wide Rental Unit Survey, presented andSection 2. That the Mayor of the City of
read. Council Member Voetberg moved thatDubuque is hereby authorized and directed to
the communication be received and filed andexecute the Grantee Performance Report on
approved recommendation. Seconded bybehalf of the City of Dubuque, Iowa.
Council Member Nicholson. Motion carried 7-Section 3. That the City Manager is hereby
0. authorized and directed to submit the Grantee
Performance Report to the U.S. Department of
City Manager submitting additionalHousing and Urban Development.
information for Downtown Urban RenewalPassed, approved and adopted this 20th
District which has been set for a publicday of October, 1997.
hearing for November 17, 1997 and CityTerrance M. Duggan, Mayor
Manager submitting further additionalAttest: Mary A. Davis, City Clerk
Regular Session, October 20, 1997
Council Member Voetberg moved adoptionBY THE CITY COUNCIL OF THE CITY OF
of the Resolution. Seconded by CouncilDUBUQUE, IOWA:
Member Nicholson. Motion carried 7-0. That the Manager be authorized to cause to
be issued the following named applicants a
REFUNDS REQUESTED—Fat Tuesday’sLiquor License.
$75.00 on unexpired Cigarette License; KingCLASS “C” (COMMERCIAL)
of Clubs $75.00 on unexpired CigaretteBEER /LIQUOR LICENSE
License, presented and read. CouncilDog Gone Inc.Dog House Lounge
Member Voetberg moved that the+(Sunday Sale)1616 Asbury Rd
communication be received and filed andDAMA CorpRainbo Lounge
refunds approved and Finance Director to+ (Sunday Sale)36 W 4th St
issue proper checks. Seconded by CouncilPassed, approved and adopted this 20th
Member Nicholson. Motion carried 7-0. day of October, 1997.
Terrance M. Duggan, Mayor
Susan Balsamo, YM/YW Board ofAttest: Mary A. Davis, City Clerk
Trustees, Tom Yunt President YMCA BoardCouncil Member Voetberg moved adoption
of Directors and Andrea Beacham, Presidentof the Resolution. Seconded by Council
YWCA Board of Directors requesting theMember Nicholson. Motion carried 7-0.
frontage road on Dodge St. with access to Hill,
Alpine and Booth streets be named “YM/YWCouncil Member Robbins moved that the
Drive”, presented and read. Council Memberrules be suspended to allow anyone present to
Voetberg moved that the request be referredaddress the Council if they so desire.
to the City Manager. Seconded by CouncilSeconded by Council Member Buol. Motion
Member Nicholson. Motion carried 7-0. carried 7-0.
RESOLUTION NO. 439-97Proof of publication certified to by the
Whereas, applications for Beer PermitsPublisher on Notice of Public Hearing to
have been submitted and filed to this Councildispose of property in North Dubuque to
for approval and the same have beenErnest and Elizabeth Madison and City
examined and approved; and Manager recommending to proceed with sale
Whereas, the premises to be occupied byof property, presented and read. Council
such applicants were inspected and found toMember Buol moved that the proof and
comply with the Ordinances of this City andcommunication be received and filed.
have filed proper bonds.Seconded by Council Member Nicholson.
NOW, THEREFORE, BE IT RESOLVEDMotion carried 7-0.
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:RESOLUTION NO. 441-97
That the Manager be authorized to cause toWhereas, pursuant to resolution and
be issued the following named applicants apublished notice of time and place of hearing,
Beer Permit.published in the Telegraph Herald, a
CLASS ‘C’ BEER PERMITSnewspaper of general circulation published in
Iowa Oil CompanyIOCO Speede Shoppethe City of Dubuque, Iowa on 10th day of
# 93+(Sunday Sale)3270 Dodge StOctober, 1997, the City Council of the City of
Mulgrew Oil CompanyPlaza 20 AMOCODubuque, Iowa met on the 20th day of
Foodshop+(Sunday Sale)2600 DodgeOctober, 1997, at 7:00 p.m. in the Public
CLASS ‘BE’ BEER PERMITSLibrary Auditorium, 11th and Locust,
Eagle Food Center Inc.Eagle Food CenterDubuque, Dubuque, County, Iowa to consider
# 320 +(Sunday Sale)2050 JFK Rdthe proposal for the sale of real estate
Eagle Food Center Inc.Eagle Food Centerdescribed as:
# 130 +(Sunday Sale)1800 Elm StLots 412-A, 418-A, 480-A, 482-A, and 484-
Eagle Food Center Inc.Eagle Food CenterA all in North Dubuque in the City of
# 018 +(Sunday Sale)300 S Locust StDubuque, Dubuque County, Iowa to Ernest
Passed, approved and adopted this 20thand Elizabeth Madison; and
day October, 1997.Whereas, the City Council of the City of
Terrance M. Duggan, MayorDubuque, Iowa overruled any and all
Attest: Mary A Davis, City Clerkobjections, oral or written to the proposal to
Council Member Voetberg moved adoptiondispose of interest of the City of Dubuque,
of the Resolution. Seconded by CouncilIowa, except for easement as noted, in the
Member Nicholson. Motion carried 7-0. hereinabove described real estate these listed
hereinabove;
RESOLUTION NO. 440-97NOW, THEREFORE, BE IT RESOLVED
Whereas, applications for Liquor LicensesBY THE CITY COUNCIL OF THE CITY OF
have been submitted to this Council forDUBUQUE, IOWA:
approval and the same have been examinedSection 1. That the disposal of the interest
and approved; andof the City of Dubuque, Dubuque County,
Whereas, the premises to be occupied byIowa in real property described as Lots 412-A,
such applicants were inspected and found to418-A, 480-A, 482-A, and 484-A all in North
comply with the State Laws and all CityDubuque to Ernest and Elizabeth Madison be
Ordinances relevant thereto and they haveand the same is hereby approved for the sum
filed proper bonds.of $4,823.75, plus cost of publication, platting
NOW, THEREFORE, BE IT RESOLVEDand filing fees; conveyance shall be by Quit
Regular Session, October 20, 1997
Claim Deed.limits, and in an amount not to exceed that
Section 2. That the Mayor be authorizedprovided by law, and in proportion to the
and directed to execute a Quit Claim Deed,special benefits conferred.
and the City Clerk be and is hereby authorizedThe portion of the cost which shall be
and directed to deliver said deed ofborne by the City will be paid from Local
conveyance to the above named granteesOption Sales Tax Funds, and special
upon receipt of the purchase price in full.assessment bonds may be issued in
Section 3. That the City Clerk be and isanticipation of deferred payments of
hereby authorized and directed to record aassessments when a contract has been
certified copy of this resolution in the office ofperformed and accepted, and the proceeds
the City Assessor, Dubuque County Recorderthereof used to pay the contractor.
and Dubuque County Auditor.The above resolution was introduced,
Passed, approved and adopted this 20thapproved and ordered placed on file with the
day of October, 1997.City Clerk this 20th day of October, 1997.
Terrance M. Duggan, MayorApproved and placed on file for final action.
Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Buol moved adoption ofAttest: Mary A. Davis, City Clerk
the Resolution. Seconded by Council MemberCouncil Member Buol moved adoption of
Nicholson. Motion carried 7-0. the Resolution. Seconded by Council Member
Voetberg. Motion carried 7-0.
City Manager recommending the contract
for the 1997 Asphalt Paving Project beRESOLUTION NO. 443-97
amended to include a special assessmentRESOLUTION APPROVING PRELIMINARY
levy, presented and read. Council MemberSCHEDULE OF ASSESSMENTS
Buol moved that the communication beNOW THEREFORE, BE IT RESOLVED
received and filed and recommendationBY THE CITY COUNCIL OF THE CITY OF
approved. Seconded by Council MemberDUBUQUE, IOWA:
Voetberg. Motion carried 7-0. That the attached sheet 1 is hereby
determined to be the schedule of proposed
RESOLUTION NO. 442-97assessments for the 1997 Asphalt Paving
AMENDMENT TO 1997 ASPHALT PAVINGProject and the valuations set out herein are
PROJECT, RESOLUTION NO. 217-97hereby approved.
Whereas, on the 19th day of May, 1997,Passed, approved and adopted this 20th
the City Council of the City of Dubuqueday of October, 1997.
adopted Resolution No. 217-97, awarding aTerrance M. Duggan, Mayor
contract for the 1997 Asphalt Paving Project;Attest: Mary A. Davis, City Clerk
andCouncil Member Buol moved adoption of
Whereas, property owners have petitionedthe Resolution. Seconded by Council Member
the City Council for an amendment to theVoetberg. Motion carried 7-0.
project for the paving of Alta Vista Street north
of Kirkwood Street; andCity Manager recommending to accept
Whereas, proposed plans have been dulyKelly Lane Reconstruction Project and
prepared and approved by the City Council ofsubmitting ordinances providing for parking on
the City of Dubuque and are now on file in theportions of Kelly Lane; Ed Cosgrove
office of City Clerk showing among otherrequesting to address the Council regarding
things the plans, specifications, form ofissues on Kelly Lane, presented and read.
contract, estimated cost and preliminary platCouncil Member Buol moved that the
and schedule showing the amount proposedcommunications be received and filed.
to be assessed against each lot and theSeconded by Council Member Nicholson.
valuation of each lot as filed by the CityMotion carried 7-0.
Council, for an amendment to the 1997
Asphalt Paving Project for the paving of AltaEd Cosgrove spoke objecting to vehicles
Vista Street north of Kirkwood Street.speeding and passing on Kelly Lane.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFRESOLUTION NO. 444-97
DUBUQUE, IOWA:ACCEPTING IMPROVEMENT
That the City Council deems it advisableWhereas, the contract for the Kelly Lane
and necessary for the public welfare to makeReconstruction Project has been completed
the herein mentioned improvements, asand the City Manager has examined the work
petitioned for by all affected property ownersand filed his certificate stating that the same
pursuant to Section 384.41 of the Code ofhas been completed according to the terms of
Iowa.the contract, plans and specifications and
Said improvements shall be constructedrecommends it acceptance.
and done in accordance with the plans andNOW THEREFORE, BE IT RESOLVED
specifications which have been approved byBY THE CITY COUNCIL OF THE CITY OF
the City Council and now on file with the CityDUBUQUE, IOWA:
Clerk. That in accordance with SectionSection 1. That the recommendation of the
384.41 of the Code of Iowa the cost andCity Manager be approved and that said
expense of making such improvement will beimprovement be and the same is hereby
assessed partially or totally against privatelyaccepted.
owned property lying with the assessmentBE IT FURTHER RESOLVED that the City
Regular Session, October 20, 1997
Treasurer be and he is hereby directed to payROAD
to the contractor from the Street ConstructionNOW, THEREFORE, BE IT ORDAINED
Fund in amount equal to the amount of hisBY THE CITY COUNCIL OF THE CITY OF
contract, less any retained percentageDUBUQUE, IOWA:
provided for therein.Section 1. That the Code of Ordinances of
Passed, approved and adopted this 20ththe City of Dubuque, Iowa be amended by
day of October, 1997.adding to Subsection (d) of Section 32-262
Terrance M. Duggan, Mayorthe following:
Attest: Mary A. Davis, City ClerkKelly Lane, south side, from Fremont
Council Member Buol moved adoption ofAvenue to Old Mill Road.
the Resolution. Seconded by Council MemberOld Mill Road, south side, from Kelly Lane
Nicholson. Motion carried 7-0. to Catfish Creek Bridge; both sides from
Catfish Creek Bridge to Rockdale Road.
RESOLUTION NO. 445-97Passed, approved and adopted this 20th
FINAL ESTIMATEday of October, 1997.
Whereas, the contract for the Kelly LaneTerrance M. Duggan, Mayor
Reconstruction Project has been completedAttest: Mary A. Davis, City Clerk
and the City Engineer has submitted his finalPublished officially in the Telegraph Herald
estimate showing the cost thereof including
newspaper this 27th day of October, 1997.
the cost of estimates, notices and inspection1t 10/27Mary A. Davis CMC, City Clerk
and all miscellaneous costs;Council Member Buol moved that the
NOW THEREFORE, BE IT RESOLVEDrequirement that a proposed Ordinance be
BY THE CITY COUNCIL OF THE CITY OFconsidered and voted on for passage at two
DUBUQUE, IOWA:Council Meetings prior to the meeting at which
Section 1. That the cost of saidit is to be finally passed be suspended.
improvement is hereby determined to beSeconded by Council Member Nicholson.
$2,470,265.79 and the said amount shall beMotion carried 7-0. Council Member Buol
paid from the Street Construction Fund of themoved final consideration and passage of the
City of Dubuque, Iowa.Ordinance. Seconded by Council Member
Section 2. That $379,918.95 of the costNicholson. Motion carried 7-0.
thereof shall be assessable upon private
property and $2,090,346.84 shall be paid from
An Ordinance Amending Code of
the Street Construction Fund.
Ordinances on designation of snow routes by
Passed, approved and adopted this 20th
adding Old Mill Road, presented and read.
day of October, 1997.
Terrance M. Duggan, Mayor
(OFFICIAL PUBLICATION)
Attest: Mary A. Davis, City Clerk
ORDINANCE NO. 59-97
Council Member Buol moved adoption of
AN ORDINANCE AMENDING SECTION 32-
the Resolution. Seconded by Council Member
352 SUBSECTION (e) OF THE CODE OF
Nicholson. Motion carried 7-0.
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA DESIGNATING SNOW
RESOLUTION NO. 446-97
ROUTES BY ADDING OLD MILL ROAD
RESOLUTION APPROVING PRELIMINARY
NOW, THEREFORE, BE IT ORDAINED
SCHEDULE OF FINAL ASSESSMENTS
BY THE CITY COUNCIL OF THE CITY OF
That the attached sheets, 1 to 5 inclusive,
DUBUQUE, IOWA:
are hereby determined to be the preliminary
Section 1. That the Code of Ordinances of
schedule of proposed assessments for the
the City of Dubuque, Iowa be amended by
Kelly Lane Reconstruction Project and the
adding to Subsection (e) of Section 32-352
valuations set out herein are hereby approved.
the following:
Passed, approved and adopted this 20th
(e)Designation of snow routes.
day of October, 1997.
Old Mill Road
Terrance M. Duggan, Mayor
Passed, approved and adopted this 20th
Attest: Mary A. Davis, City Clerk
day of October, 1997.
Council Member Buol moved adoption ofTerrance M. Duggan, Mayor
the Resolution. Seconded by Council MemberAttest: Mary A. Davis, City Clerk
Nicholson. Motion carried 7-0. Published officially in the Telegraph Herald
newspaper this 27th day of October, 1997.
An Ordinance Amending Code of
1t 10/27Mary A. Davis CMC, City Clerk
Ordinances by prohibiting parking on
Council Member Buol moved that the
designated street or portion of streets by
requirement that a proposed Ordinance be
adding Kelly Lane & Old Mill Rd., presented
considered and voted on for passage at two
and read.
Council Meetings prior to the meeting at which
it is to be finally passed be suspended.
(OFFICIAL PUBLICATION)
Seconded by Council Member Nicholson.
ORDINANCE NO. 58-97
Motion carried 7-0. Council Member Buol
AN ORDINANCE AMENDING SECTION 32-
moved final consideration and passage of the
262(D) OF THE CODE OF ORDINANCES
Ordinance. Seconded by Council Member
OF THE CITY OF DUBUQUE, IOWA
Nicholson. Motion carried 7-0.
PROHIBITING PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
City Manager recommending to continue
ADDING KELLY LANE AND OLD MILL
with the original plan to place the warning
Regular Session, October 20, 1997
siren at Shiras & Lincoln, presented and read.water mains and water service laterals into
Robert Lenaerts, 2090 Shiras, spoke objectingeach individual lot, storm sewers and catch
to the placement. Council Member Voetbergbasins, boulevard street lighting and
moved that the communication be receivederosion control devices all in accordance
and filed and reaffirmed placement of siren onwith the City of Dubuque standard
Shiras Ave. and Lincoln. Seconded by Councilspecifications, all in a manner acceptable
Member Michalski. Motion carried 7-0. to the City Engineer, and in accordance
with construction improvement plans
City Manager recommending approval ofapproved by the City Engineer, and
final plat of portion of Key Gate Center No. 3,inspected by the City Engineer.
upon motion received and filed. Councilc.To construct said improvements, prior to
Member Buol moved that the communicationtwo (2) years from the date of acceptance
be received and filed. Seconded by Councilof this resolution, at the sole expense of the
Member Nicholson. Motion carried 7-0. owners, or future owners;
d.To maintain the public improvements, for a
RESOLUTION NO. 447-97period of two (2) years from the date of the
A RESOLUTION APPROVING THE FINALacceptance of those improvements by the
PLAT OF LOT H, LOT J AND LOT K OFCity of Dubuque, Iowa, at the sole expense
KEY GATE CENTER NO. 3, IN THE CITYof the owners, or future owners;
OF DUBUQUE, IOWA.And further provided that said Robert and
Whereas, there has been filed with the CityRuth Kehl, as owners of said property, shall
Clerk a final plat of Lot H, Lot J and Lot K ofsecure the performance of the foregoing
Key Gate Center No. 3, in the City ofconditions provided in this Section by
Dubuque, Iowa; andproviding guarantees in such form and with
Whereas, upon said final plat appears asuch sureties as may be acceptable to the City
street to be known as Cross Hill Drive,Manager of the City of Dubuque, Iowa.
together with certain public utility and sewerSection 3. Sidewalk installation shall be the
easements which the owners by said final platresponsibility of the owner of the property
have dedicated to the public forever; andabutting the public right-of-way, as required by
Whereas, the preliminary plat has beenCity Code 41-161 through 41-164. The
examined by the Zoning Advisory Commissionresponsibility shall extend to all successors,
and had its approval endorsed thereon; andheirs and assignees. Sidewalk installation will
Whereas, said final plat has beennot be required until the development of the lot
examined by the City Council and they findhas been completed, except as required
that it conforms to the statutes and ordinancesherein. All vacant lots shall have sidewalks
relating to it, except that no streets or publicinstalled upon development of 80% of the lots
utilities have yet been constructed or installed;approved by the plat.
andSection 4. That storm water detention
Whereas, the City Council concurs in thefacilities shall be a requirement of each site
conditions of approval established by theplan submitted to the City for the development
Zoning Advisory Commission and the Cityby the owners of said lots, which responsibility
Planner.for construction and maintenance shall be that
NOW, THEREFORE, BE IT RESOLVEDof the owners of said lots and extend to all
BY THE CITY COUNCIL OF THE CITY OFsuccessors, heirs, and assigns. The sizing of
DUBUQUE, IOWA:the detention facilities shall, in addition to
Section 1. That the dedications of Crossdetaining the site water, also incorporate and
Hill Drive (Lot J), together with the easementsdetain the impervious area of the abutting
for public utilities and storm sewer as theyCross Hill Drive.
appear upon said final plat, be and the sameStorm water detention facilities shall be
are hereby accepted; anddesigned by a registered civil engineer and
Section 2. That the plat of Lot H, Lot J andshall be designed to detain the 2, 10 and 100
Lot K of Key Gate Center No. 3, is herebyyear storm recurrence intervals to the
approved and the Mayor and City Clerk arepredeveloped condition of each lot.
hereby authorized and directed to endorse theSection 5. That no direct access be
approval of the City of Dubuque, Iowa, uponallowed from Lot H and Lot K to Rockdale
said final plat, provided the owners of saidRoad.
property herein named, execute their writtenSection 6. That final acceptance of all
acceptance hereto attached agreeing:public improvements shall occur upon
a.To reduce Cross Hill Drive (Lot J) to gradecertification of the City Engineer to the City
and to construct concrete curb and gutterCouncil that all public improvements have
and to hard surface with asphalticbeen completed in accordance with the
concrete, or with concrete paving withimprovement plans and City standard
integral curb, all in accordance with the Cityspecifications and accepted by City Council
of Dubuque standard specifications, all inResolution.
a manner acceptable to the City Engineer,Section 7. That in the event Robert and
and in conformance with constructionRuth Kehl fail to complete the improvements
improvement plans approved by the Cityprovided in Section 2 hereof within 45 days
Engineer, and inspected by the Cityafter the date of this Resolution, the provisions
Engineer.hereof shall be null and void and the
b.To install sanitary sewer mains and seweracceptance of the dedications and approval of
service laterals into each individual lot,the plat shall not be affected.
Regular Session, October 20, 1997
Passed, approved and adopted this 20thPressure Principal Backflow-Prevention
day of October, 1997.Assemblies” for containment. The listing shall
Terrance M. Duggan, Mayorinclude the limitations of use based on the
ATTEST: Mary A. Davis, City Clerkdegree of hazard. The backflow prevention
ACCEPTANCE OFassembly must also be listed by the
RESOLUTION NO. 447-97International Association of Plumbing and
We, the undersigned, Robert and RuthMechanical Officials.
Kehl, having read the terms and conditions ofApproved Backflow Prevention Assembly
the Resolution No. 447-97 and being familiarfor Containment in a fire Protection System.
with the conditions thereof, hereby accept thisA backflow prevention assembly to be used in
same and agree to the conditions requireda fire protection system which meets the
therein.requirements of Factory Mutual Research
Dated in Dubuque, Iowa this 23rd day ofCorporation (FM) or Underwriters Laboratory
October, 1997.(UL), and the requirement of the fire code and
By /s/ Robert Kehlthe building code of the city of Dubuque, in
By /s/ Ruth Kehladdition to the requirements of paragraph 1(a).
Council Member Buol moved adoption ofDevices sized smaller than 2 ½" diameter,
the Resolution. Seconded by Council Memberwhich have not been listed by Underwriters
Nicholson. Motion carried 7-0. Laboratory (UL) or by Factory Mutual
Research Corporation (FM) may be allowed if
City Manager submitting an Ordinanceapproved by the Administrative authority.
regarding Backflow Prevention, presented andAuxiliary Water supply. Any water supply
read. Council Member Voetberg moved thaton or available to the premises other than the
the communication be received and filed.water purveyor’s approved public water supply
Seconded by Council Member Buol. Motionsuch as but not limited to a private well, pond,
carried 7-0. or river.
Containment. A method of backflow
An Ordinance Amending Chapter 44,prevention which requires the installation of a
Article III, by adopting a new Division 5,backflow prevention assembly at the water
Section 44-205 thru 44-215.7, Crossservice entrance.
Connection Control, presented and read. Contamination. An impairment of the
quality of the potable water which creates an
(OFFICIAL PUBLICATION)actual hazard to the public health through
ORDINANCE NO. 60-97poisoning or through the spread of disease by
AN ORDINANCE AMENDING THE CITY OFsewage, industrial fluids or waste. Also
DUBUQUE CODE OF ORDINANCESdefined as High Hazard.
CHAPTER 44, ARTICLE III, BY ADOPTINGCross Connection. Any actual or potential
A NEW DIVISION 5, SECTIONS 44-205connection or arrangement, physical or
THROUGH 44-215.7, CROSS-otherwise, between a potable water supply
CONNECTION CONTROL.system and any plumbing fixture or tank,
BE IT ORDAINED BY THE CITYreceptacle, equipment, or device, through
COUNCIL OF THE CITY OF DUBUQUE, aswhich it may be possible for non-potable,
follows:used, unclean, polluted, and contaminated
Section 1. That the City of Dubuque, Codewater, or other substance, to enter into any
of Ordinances is amended by adopting thepart of such potable water system under any
following new Division 5, Cross-Connectioncondition.
Control, Sec. 44-205 through 44-215.7:Customer. The owner, operator, or
DIVISION 5 - CROSS-CONNECTIONoccupant of a building or property which has a
CONTROL water service from a public water system, or
Sec. 44-205. Purpose. The purpose ofthe owner or operator of a private water
this Division is to safeguard potable watersystem which has a water service from a
supplies by preventing backflow into publicpublic water system.
water systems.Degree of Hazard. The rating of a cross
Sec. 44-206. Definitions. For the purposeconnection or water service which indicates if
of this Division, these definitions supersedeit has the potential to cause contamination or
definitions given elsewhere in this code.pollution.
Air-gap Water Distribution. An air-gapDouble Check Valve Backflow Prevention
water distribution is the unobstructed verticalAssembly. A backflow prevention device
distance through the free atmosphere betweenconsisting of two independently acting
the lowest opening from any pipe or faucetinternally loaded check valves, four properly
conveying potable water to the flood level rimlocated test cocks, and two isolation valves.
of any tank, vat, or fixture.High Hazard Cross Connection., A high
Approved Backflow Prevention Assemblyhazard cross connection is a cross connection
for Containment. A backflow preventionwhich may cause an impairment of the quality
of the potable water by creating an actual
assembly which is listed by the university of
hazard to the public health, through poisoning
Southern California Foundation for Cross
or through the spread of disease by sewage,
Connection Control and Hydraulic Research
industrial fluids, or waste.
as having met the requirements of ANSI-
Isolation. A method of backflow prevention
AWWA Standard C510-89, “Double Check
in which a backflow prevention assembly is
Valve Backflow-Prevention Assemblies”, or
located at the cross-connection rather than at
ANSI-AWWA Standard C511-89, “Reduced-
Regular Session, October 20, 1997
the water service entrance.require the installation of the appropriate
Low Hazard Cross connection. A lowbackflow prevention assembly for containment
hazard cross connection is a crossbefore the initiation of water service.
Connection which may cause an impairmentSec. 44-209. Existing Water Services.
of the quality of potable water to a degree(a) Upgrades of existing water services
which does not create a hazard to the publicshall be treated as new water services for the
health, but which does adversely andpurposes of this division.
unreasonably affect the aesthetic qualities of(b) The administrative authority shall
such potable waters for domestic use.publish and make available to each customer
Pollution. An impairment of the quality ofa copy of the standards used to determine the
the potable water to a degree which does notdegree of hazard.
create hazard to the public health but which(c) After publication of the standards, the
does adversely and unreasonably affect theadministrative authority shall, in writing notify
aesthetic qualities of such potable water forcustomers whose premises are classified as
domestic use. commercial and/or industrial of the provisions
Potable Water. Potable water is waterof this Division and shall require compliance
which is satisfactory for drinking, culinary, andtherewith.
domestic purposes and meets the(d) Within six (6) months after receipt of
requirements of the health authority havingthe notification in Paragraph (c), customers
jurisdiction.whose premises are classified as commercial
Public Water System. Public owned orand/or industrial shall complete and return to
operated system consisting of source facilitiesthe administrative authority a cross-connection
and distribution system under the completehazard survey to be used to determine the
control of the Administrative authority.type of containment device.
Regulative control shall include any and all(e) A customer who fails to complete and
distribution piping connected to said system.return the cross-connection survey form
Reduced Pressure Principle Backflowrequired by Paragraph (d) to the administrative
Prevention Assembly. A backflow preventionauthority within the designated time frame
device consisting of two independently actingshall be subject to the penalties set forth in
internally loaded check valves, a differentSection 44-215.5.
pressure relief valve, four properly located test(f) The administrative authority shall, on the
cocks, and two isolation valves.basis of information received from customers
Registered Backflow Prevention Assemblyor gathered through on-premise investigations
Technician. A person who is registered withor surveys, determine the type of backflow
the Iowa State Health department to test orprevention assembly required for containment
repair backflow prevention assemblies andbased on the degree of hazard.
report on the condition of those assemblies.(g) Within the time frame specified in
Thermal Expansion. Volumetric increasewriting by the administrative authority, the
of water due to heating resulting in increasedcustomer shall install a backflow prevention
pressure in a closed system.assembly for containment required by the
Water Service. Depending on the context,administrative authority.
water service is the physical connection(h) For existing water services, the
between a public water system and aadministrative authority may inspect the
customer’s building, property, or private waterpremises to determine the degree of hazard.
system, or the act of providing potable water toWhen high hazard cross-connections are
a customer.found, the administrative authority shall, at its
Sec. 44-207. Administrative Authority.sole discretion:
(a) For the purpose of this division, the1) develop a schedule of compliance which
Administrative Authoritive shall be the Citythe customer shall follow; or
Manager or the City Manager’s designee.2) terminate the water service until a
(b) The administrative authority shall havebackflow prevention assembly for containment
the right to enter any property to inspect forrequired by the administrative authority has
possible cross connections.been installed.
(c) The administrative authority may collect(I) Failure of the administrative authority to
fees for the administration of this program.notify a customer that the customer Is believed
Said fees shall be set by the City Manager.to have a high hazard cross-connection and
(d)The administrative authority shallthat the customer shall install backflow
maintain records of cross-connection hazardprevention assemblies for containment in no
surveys, and the installation, testing, andway relieves the customer of the responsibility
repair of all backflow prevention assembliesto comply with all requirements of this division.
installed for containment purposes.Sec. 44-210. Customer Responsibilities.
Sec. 44-208. New Water Services.(a) The customer shall be responsible for
(a) Plans shall be submitted to theensuring that no cross-connections exist
administrative authority for review on all newwithout approved backflow protection within
water services in order to determine thethe customer’s premise starting at the point of
degree of hazard.service from the public potable water system.
(b) The administrative authority shall(b) The customer shall, at the customer’s
determine the type of backflow preventionown expense, cause installation, operation,
assembly required for containment based ontesting and maintenance of the backflow
the degree of hazard.prevention assemblies required by the
(c) The administrative authority shalladministrative authority.
Regular Session, October 20, 1997
(c) The customer shall ensure the(b) Any of the following conditions shall
administrative authority is provided with copiesconstitute noncompliance:
of records of the installation of all tests and1. Improper testing or repair of backflow
repairs made to the backflow preventionprevention assemblies;
assembly on the approved form within fifteen2. Improper reporting of the results of
(15) days after testing and/or repairs aretesting or of repairs made to backflow
completed.prevention assemblies;
(d) In the event of a backflow incident, the3. Failure to meet registration requirements;
customer shall immediately notify theor
Dubuque Water Department and the Dubuque4. Related unethical practices.
Building Department of the incident and takeSec. 44-215. Installation of Backflow
immediate action to confine the contaminationPrevention Assemblies.
or pollution.(a) The required backflow prevention
Sec. 44-211. Required Backflowassemblies for containment shall be installed
Prevention Assemblies for Containment-Waterin horizontal plumbing immediately following
Services.the meter or as close to that location as
(a) An air-gap or an approved reduceddeemed practical by the administrative
pressure principle backflow preventionauthority. In any case, it shall be located
assembly is required for water service that hasupstream from any branch piping. Installation
been determined by the administrativeat this point does not eliminate the
authority to be high hazard.responsibility of the customer to protect the
(b) An approved double check valvewater supply system from containment or
assembly is required for water service that haspollution between the backflow prevention
been determined by the administrativeassembly and the water main.
authority to be low hazard.(b) Reduced pressure principle backflow
Sec. 44-212. Required Backflowprevention assemblies shall be installed so as
Prevention Assemblies for Containment - Fireto be protected from flooding.
Protection Systems.(c) Reduced pressure principle backflow
(a) A reduced pressure principle backflowprevention assemblies shall not be installed in
prevention assembly shall be installed on allunderground vaults or pits
new and existing fire protection systems which(d) All backflow prevention assemblies
the administrative authority determines to haveshall be protected to prevent freezing. Those
any of the following:devices used for season services may be
1. Direct connections from public waterremoved in lieu of being protected from
mains with an auxiliary water supply on orfreezing; however, the devices must be
available to the premises for pumperreinstalled and tested by a Registered
connections;Backflow Prevention Assembly Technician
2. Interconnections with auxiliary suppliesprior to service being reactivated.
such as reservoirs, rivers, ponds, wells, mills.(e) If hot water is used within the water
Or other industrial water systems;system, thermal expansion shall be provided
3. Use of antifreezes or other additives infor when installing a backflow prevention
the fire protection system;assembly for containment.
4. Combined industrial or domestic with(f) Provisions shall be made to convey the
high hazard and fire protection systemsdischarge of water from reduced pressure
supplied from the public water mains only,principle backflow prevention assemblies to a
with or without gravity storage or pump suctionsuitable drain.
tanks; or(g) No backflow prevention assemblies
5. Any other facility, connection, orshall be installed in a place where it would
condition which may cause contamination.create a safety hazard, such as but not limited
(b) A double check valve assembly shall beto over an electrical panel, or above ceiling
required for all other fire protection systems.level.
The double check valve shall be required on(h) If interruption of water service during
all new systems at the time of installation andtesting and repair of backflow prevention
on existing systems at the time that they areassemblies for containment is unacceptable to
upgraded.the customer, another backflow prevention
Sec. 44-213. Registration of Backflowassembly, sized to handle the temporary water
Prevention Assembly Technician.flow need during the time of test or repair,
A Backflow Prevention Assemblyshould be installed in parallel piping. All such
Technician registered by the State of Iowainstallations shall be at the customer’s
shall include such technician’s registrationexpense.
number on all correspondence and forms(I) All backflow prevention assemblies shall
required by or associated with this division.be installed so that they are accessible for
Sec. 44-214. Registered Backflowtesting as stated in Chapter 44, Article III,
Prevention Assembly TechnicianDivision 5, of the City of Dubuque Code of
Noncompliance.Ordinances.
(a) The registration of a technician shall be(j) All shut-off valves shall conform with the
recommended for revocation or suspension forcurrent edition of the Manual of Cross-
a period of up to two years for noncomplianceConnection Control (University of Southern
with this division. Further action shall be takenCalifornia) requirements for either ball or
as prescribed by law to prevent furtherresilient seat gate valves at the time of
noncompliance.installation. Ball valves shall be used on
Regular Session, October 20, 1997
assemblies installed in piping two inches and(1) Refusal to allow the administrative
smaller and resilient gate valves onauthority access to the property to inspect for
assemblies installed in piping larger than twocross connections;
inches.(2) Removal of a backflow prevention
Sec. 44-215.1. Testing of Backflowassembly which has been required by the
Prevention Assemblies.administrative authority;
(a) Testing of backflow prevention(3) Bypassing of a backflow prevention
assemblies shall be performed by a registeredassembly which has been required by the
backflow prevention assembly technician. Theadministrative authority;
costs of tests required in the following(4) Providing inadequate backflow
paragraphs (b) through (e) shall be borne byprevention when cross-connections exist;
the customer.(5) Failure to install a backflow prevention
(b) Backflow prevention assemblies shallassembly which has been required by the
be tested upon installation and tested andadministrative authority;.
inspected at least annually.(6) Failure to test and/or properly repair a
(c) Backflow prevention assemblies whichbackflow prevention assembly as required by
are in place, but have been out of operation forthe administrative authority; or
more than three months, shall be tested before(7) Failure to comply with the requirements
being put back into operation. Backflowof this ordinance;
prevention assembles used in seasonalSection 44-215.4. Fees.
applications shall be tested before being putThe City Manager is hereby directed to
into operation each season.establish a permit fee for new installations and
(d) Any backflow prevention assemblya fee for annual inspections of backflow
which fails a periodic test shall be repaired orprevention devices, which fee shall be fair and
replaced. When water service has beenreasonable considering the current cost of
terminated for noncompliance, the backflowmaterial and labor. The minimum permit and
prevention assembly shall be repaired orinspection fee shall be twenty five dollars
replaced prior to the resumption of water($25.00).
service. Backflow prevention assemblies shallSection 44-215.5. Penalty.
be retested by a registered backflowIt shall be unlawful for any person, firm or
prevention assembly technician immediatelycorporation to repair, move, improve, remove
after repair or replacement.convert or demolish, equip, use, occupy or
(e) The administrative authority maymaintain any building or structure or cause of
require backflow prevention assemblies to bepermit the same to be done in violation of this
tested at any time in addition to the annualdivision.
testing requirement.The doing of any act, or the omission of any
(f) The registered backflow preventionact, declared to be unlawful by this division, or
assembly technician shall report theany code or division herein adopted by
successful test of a backflow preventionreference shall be deemed a separate offense
assembly to the customer and to thefor each and every day or portion thereof
administrative authority on the form providedduring which any such unlawful act is omitted,
by the administrative authority within fifteencontinued or permitted and upon conviction
(15) days of test.shall be punishable as provided in Chapter 1
(g) The administrative authority mayof the City of Dubuque Code of Ordinances.
require, at its own cost, additional tests ofThe penalty herein provided shall be
individual backflow prevention assemblies ascumulative with and in addition to the
it shall deem necessary to verify testrevocation, cancellation or forfeiture of any
procedures and results.license or permit elsewhere in this code
Sec. 44-215.2. Repair of Backflowprovided for violation thereof.
Prevention Assemblies.Sec. 44-215.6. Separability of Provisions.
(a) All repairs to backflow preventionIt is the intention that each section,
assemblies shall be performed by registeredparagraph, sentence, clause, and provisions
backflow prevention assembly technicians.of this division is separable, and if any
(b) The registered backflow preventionprovision is held unconstitutional or invalid for
assembly technician shall not change theany reason, such decision shall not affect the
design, material, or operational characteristicsremainder of this division nor any part thereof
of a backflow prevention assembly duringother than that affected by such decision.
repair or maintenance, and shall use onlySection 44-215.7. Repealer.
original manufacturer replacement parts.All ordinances or parts of ordinances in
(c) The registered backflow preventionconflict herewith are repealed.
assembly technician shall report the repair ofSection 2. This Ordinance shall be in full
a backflow prevention assembly to theforce and effect from and after its passage
customer and to the administrative authority onand publication as provided by law.
the form provided by the administrativePassed, approved and adopted this 20th
authority within fifteen (15) days of the repair.day of October, 1997.
The report shall include the list of materials orTerrance M. Duggan, Mayor
replacement parts used.Attest: Mary A. Davis, City Clerk
Sec. 44-215.3. Customer Noncompliance.Published officially in the Telegraph Herald
(a) The water service may be discontinued
newspaper this 31st day of October, 1997.
in the case of noncompliance with this Division
1t 10/31Mary A. Davis CMC, City Clerk
including the following:
Council Member Voetberg moved that the
Regular Session, October 20, 1997
requirement that a proposed Ordinance beNicholson. Motion carried 7-0.
considered and voted on for passage at two
Council Meetings prior to the meeting at whichRESOLUTION NO. 449-97
it is to be finally passed be suspended.A RESOLUTION AUTHORIZING THE
Seconded by Council Member Buol. MotionFILING OF AN APPLICATION WITH THE
carried 7-0. Council Member VoetbergIOWA DEPARTMENT OF ECONOMIC
moved final consideration and passage of theDEVELOPMENT REQUESTING
Ordinance. Seconded by Council MemberENTERPRISE ZONE CERTIFICATION.
Buol. Motion carried 7-0. Whereas, the State of Iowa Department of
Economic Development (IDED) is taking
City Manager submitting Housing Servicesapplications for a new Enterprise Zone
Annual Performance Report, presented andprogram that provides benefits and incentives
read. Council Member Nicholson moved thatfor redevelopment and reinvestment in areas
the communication be received and filed.of a community that meet certain eligibility
Seconded by Council Member Buol. Carriedcriteria; and
by the following vote: Yeas—Mayor Duggan,Whereas, the City of Dubuque, Iowa has
Council Members Buol, Krieg, Michalski,identified an area which meets the eligibility
Nicholson, Robbins, Voetberg. Nays—None.requirements; and
Whereas, the City Council of Dubuque,
RESOLUTION NO. 448-97Iowa has determined that said designation and
RESOLUTION AUTHORIZING ADOPTIONcertification of an Enterprise Zone will benefit
OF THE FISCAL YEAR 1997 ANNUALthe local economy through the creation of new
PERFORMANCE REPORT OF THEinvestment and new jobs for area residents;
HOUSING SERVICES DEPARTMENTand
Whereas, a Consolidated Plan for HousingWhereas, the City of Dubuque, Iowa is
and Community Development 1995-2000 waseligible to submit an application for the
adopted by the City Council in April 1995; andEnterprise Zone program.
Whereas, an Annual Action Plan must beNOW, THEREFORE, BE IT RESOLVED
published which specifies housing andBY THE CITY COUNCIL OF THE CITY OF
community development goals and objectivesDUBUQUE, IOWA:
in each year for the period 1995-2000; andSection 1.That the filing of an
Whereas, Annual Performance Reportapplication for Enterprise Zone Certification is
must be compiled and made available forapproved.
public comment, to assess performance of theSection 2. That the schedule of value-
Housing Services Department in achievementadded property tax exemption for this
of these goals and objectives, for each yearEnterprise Zone shall be One Dollar ($1.00)
during the period of 1995-2000; andper year for ten years.
Whereas, the FY97 Annual PerformanceSection 3. That the Mayor is hereby
Report has been made available to the public,authorized and directed to execute, on behalf
a notice has been published advising theof the City Council of the City of Dubuque,
public of a review and comment period and aIowa, the appropriate Enterprise Zone
duly-noticed public hearing has been held byapplication.
the Housing Commission, all in accordanceSection 4. That the City Manager is
with requirements of Chapter 403.A.28 of thedirected to submit the application to the Iowa
Code of Iowa.Department of Economic Development
NOW, THEREFORE, BE IT RESOLVEDtogether with such documents as may be
BY THE CITY COUNCIL OF DUBUQUE,required.
IOWA:Section 5. That, once the Enterprise Zone
Section 1. The Mayor is authorized andis certified, a copy of this resolution and all
directed to execute this resolution signifyingsupporting documents be forwarded to the
the City Council’s adoption of the FY 1997City Assessor.
Annual Performance Report.Passed, approved and adopted this 20th
Section 2. The City Manager is herebyday of October, 1997.
authorized and directed to forward said ReportTerrance M. Duggan, Mayor
as required to the U.S. Department of HousingAttest: Mary A. Davis, City Clerk
and Urban Development.Council Member Buol moved adoption of
Passed, approved and adopted this 20ththe Resolution. Seconded by Council Member
day of October, 1997.Nicholson. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk City Manager recommending to enter into
Council Member Nicholson moved adoptionTriad Cooperative Agreement of Dubuque
of the Resolution. Seconded by CouncilCounty, presented and read. Council Member
Member Buol. Motion carried 7-0. Buol moved that the communication be
received and filed and approved
City Manager recommending establishmentrecommendation. Seconded by Council
of an Enterprise Zone in parts of CensusMember Nicholson. Motion carried 7-0.
Tract 1 and Census Tract 2 to provide
incentives for redevelopment and job creation,Zoning Advisory Commission advising of
presented and read. Council Member Buoltheir denial to rezone property at 990 North
moved that the communication be receivedBooth Street from R-1 to R-2 District
and filed. Seconded by Council Memberrequested by Wm. & Helen Eisbach; Petition
Regular Session, October 20, 1997
containing 29 signatures endorsing the zoningpassed be suspended. Seconded by Council
request; Petition containing 14 signaturesMember Nicholson. Motion carried 7-0.
objecting to rezoning request; and Mr. WilliamCouncil Member Voetberg moved that a
Eisbach requesting that the Council set thisPublic Hearing be held on the proposed
item for public hearing as he is unable toOrdinance on the 3rd day of November, 1997
attend this meeting, presented and read.at 7:00 p.m. in the Public Library Auditorium
Council Member Nicholson moved that theand direct the City Clerk to publish notice in
communications be received and filed.the manner prescribed by law. Seconded by
Seconded by Council Member Voetberg.Council Member Nicholson. Motion carried
Carried by the following vote: Yeas—Mayor7-0.
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.City Manager requesting a public hearing
Nays—None. be set for November 3, 1997 on the Ice Harbor
Walkway and Transient Boat Docks, which
are components of the Mississippi Riverwalk
An Ordinance Amending Zoning Map byProject and at that meeting seeking Council
reclassifying property located at 990 Northcomments on the designs for various
Booth Street from R-1 Single-Familycomponents of the Mississippi Riverwalk and
Residential District to R-2 Two-FamilyAmenities Project previously approved by the
Residential District, presented and read.Council, presented and read. Council
Council Member Nicholson moved that aMember Voetberg moved that this matter be
Public Hearing be held on the proposedreceived and filed and set Hearing for
Ordinance on the 3rd day of November, 1997November 3, 1997 at 7:00 p.m. in the Public
in the Public Library Auditorium and that theLibrary Auditorium and direct the City Clerk to
City Clerk publish notice in the mannerpublish notice in the manner prescribed by
prescribed by law. Seconded by Councillaw. Seconded by Council Member Buol.
Member Voetberg. Motion carried 7-0. Motion carried 7-0.
Zoning Advisory Commission advising ofAt 8:30 Council Member Voetberg moved
their denial to rezone property at end ofto go into Closed Session in accordance with
Radford Court from C-2 to CS District (QuadeCh. 20-17 (3) regarding strategy meeting of a
and Sullivan) and petition containing 10public employer and exempt from provisions of
signatures objecting to rezoning request,Chapter 21. Seconded by Council Member
presented and read. Council MemberMichalski. Motion carried 7-0.
Voetberg moved that the communication and
petition be received and filed. Seconded byAt 8:54 p.m. Council reconvened Regular
Council Member Buol. Motion carried 7-0. Session with statement that Staff had been
given direction.
An Ordinance Amending Zoning Map by
reclassifying property at end of Radford CourtThere being no further business, Council
from C-2 Neighborhood Shopping CenterMember Buol moved to adjourn the meeting.
District to CS Commercial Service andSeconded by Council Member Voetberg.
Wholesale District, presented and read.Motion carried 7-0. The meeting adjourned at
Council Member Voetberg moved that a Public8:54 p.m.
Hearing be held on the proposed Ordinance
on the 3rd day of November, 1997 at 7:00Mary A. Davis CMC
p.m. in the Public Library Auditorium andCity Clerk
direct the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Buol. Motion carried 7-0.
Zoning Advisory Commission advising of
their approval to amend Ordinance No. 8-96
regarding Planned Residential District at
Starlight Drive and Crescent Ridge Road,
presented and read. Council Member
Voetberg moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Motion carried 7-0.
An Ordinance Amending Ordinance No.
No. 8-96 which adopted regulations for
property located near the intersection of
Crescent Ridge Road and Starlight Drive,
located in a PUD Planned Unit Development
District with a PR Planned Residential
Designation, presented and read. Council
Member Voetberg moved that the requirement
that a proposed Ordinance be considered and
voted on for passage at two Council Meetings
prior to the meeting at which it is to be finally
Regular Session, October 20, 1997
Approved , 1997
Adopted , 1997
Mayor
Council Members
Attest:
City Clerk