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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