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1998 August Council ProceedingsReqular Session, August 3, 1998 274 DUBUQUE ClTY COUNCIL OFFICIAL PROCEEDINGS City Counc~, Regular Session, August 3, 1998. Council met at 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalsld, Nicho[ean, Robbins, City Manager Michael Van Milligea, Corporation Counsel Barry.& Lindahl. Absent: Council Member Voetberg at Roll Call Mayor Duggan read the call and stated this is ~e Regular Session of the City Counc~ calted for the purpose to act upon such business which may properly come before the Council. invocation was given by Deacon Diane Wasson Eberhart, Minister of Education at St. Luke's Methodist Church. Proclamations: Aug 5 thru Oct. 31 as 'United Way Campaign Time' received by Kada Bems. MINUTES SUBMITTED Airport Commission of 5-18, 6-8, 6-22 & 6-30; CMl Service Commission of 6-17; Community Development Advisory Commission of 4-21, 5-19 & 5-26; Electdcai Code Board of 6-29; Five Flags Commission of 6-15; Park & Recreation Commission of 7-14, presented and read. Buol moved that the minutes be received and tited. Seconded by Markham. Mofien carried 6-0. City Manager transmitting City's quarterly report for period of 4-1-98 to 6-30-98, presented and read. Buol moved that the communication be received and tiled. Seconded by Markham. MolJon carded 6-0. Investment Oversight Commission submitting their quarterly report, presented and read. Buol moved that the communic~on be received and fi[ed. Seconded by Markham. Motion carded 6-0. Proof of Publication on publishing Council proceedings for meeting of 7-6, presented and read. Buol moved that the proof be received and filed. Seconded by Markham. Motion carded 6-0. Proof of Publication on publishing List of Claims and Summary of Revenues for month ending June 30, 1998, presented and read. Bug! moved that the proof be received and filed. Seconded by Markham. Motion carded 6-0. Convention and Visitors Bureau submitting their quarterly report, and Substance Abuse Services Center submitting their Fourth Quarterly Report, presented and read. Buol moved that the reports be received and filed. Seconded by Markham. Motion carded 6-0. NOTICES OF CLAiMS/SUITS -- Shidey A. B[ong in est. amt. of $827.32 for vehicle damages; Jeremy Cook in amount of $1014.89 for vehicle damages; Firstar Bank iowa, vs. Dennis Beidler, City of Dubuque et al advising of Notice of intent to file written application for default; Jeff, Julie A. 'Harry in est_ amt. of $523.38 for vehicle damages; Dale A_ Hirsch ir amount of $2052.19 for backed up sewer damages; Kevin Kienzle in amount of $50.51 for property damages; Shidey Kirch in amount of $35.00 for property damages; Christine A. Kress in est. ami of $139.95 for vehicle damages; Donald J. Nauman in eat_ amt. of $723.17 for vehicle damages; Aimee Wagner in amount of $138.43 for vehicle damages, presented and read. Bug[ moved that the claims and suits be referred to the Legal Staff for inveafigation and report. Seseade_d by Markham. Motion carded 6-0. John Whalen va; City of Dubuque requesting temporary injunction prohibiting issuance of a demolition permit for demolition of property at 901 Locust St., presented and read. Buol moved that this matter be referred to the Legal Staff for investigation and report Seconded by Markham. Modon carded 6-0. Corporetion Counsel advising following claims have been referred to Public En~ly Risk Services of Iowa, the agear for the iowa Communities AssuranCe Pool: Personal injury of Kdsty R. Brosnan; Vehicle damage of 275 Regular Session, August 3, 1998 Dave F Ede; Vehicle damage of Shelley Jackson; Personal injury of Tara L. Winger, presented and read. Buo~ moved that the communication be received and filed. Seconded by Markham. Motion canted 6-0. Corporation Counsel recommending denial of property damage claim of Richard Drummond, presented and read. Buol moved that this matter be received and filed and denial approved. Seconded by Markham. Motion carried 6-0. Corporation Counsel recommending set'dement of following claims: Vehicle damage of Angie Long 'n amount of $17.97; Vehicle damage of Erin M. Riss in amount of $942.10, and recommending Finance Director issue proper checks, presented and read. Buol moved that the communications be received and filed and settlements approved with Finance Director to ~ssue proper checks. Seconded by Markham. Motion carded 6-0. Corporation Counssl advising Tschiggfrie Excavating Co. will be required to defend the Jeff Mathewson claim in small claim lawsuit for sewer damages; vehicle damage claim of David Birct' has been forwarded to Northwest Development for disposition; vehicle damage claim of Lance L. Knabel has been forwarded to Tschiggfrie Excavating for disposition, presented and read. Buol moved that the communications be received and filed. Seconded by Markham. Motion carded 6-0. City Manager recommending acceptance of properly from Dubuque Stamping and Manufacturing for North End Neighborhood Trail Easement, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion canted 6-0. RESOLUTION NO. 318-98 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON 32ND STREET TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an AcquisitJor Agreement with Dubuque Stamping and Manufacturing, inc. on November 5, 1997, pursuant to which Dubuque Stamping and Manufacturing, Inc. agreed to convey Lot 4 of Mineral Lot 322 in the Cry of Dubuque, Dubuque County, Iowa to the City of Dubuque, Whereas, Dubuque Stamping and Manufacturing, Inc. has executed a conveyance of saic property. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from Dubuque Stamping and Manufacturing, Inc., a copy of which is attached hereto, as required by Iowa Code Section 569.7. Se~on 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City ~f Dubuque any instruments m connection herewith. Passed, approved and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: Mapj A. Dav~s, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 6-0. City Manager recommending accep[ance of North End Neighborhood Trail Easements from Haberkorn Auto, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 6-0. RESOLUTION NO. 319-98 RESOLUTION ACCEPTING GRANT OF EASEMENT AND EASEMENT AGREEMENT FOR NORTH END NEIGHBORHOOD BIKEJHIKE TRAIL AT 32ND STREET, IN THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has negotiated a grant of easement and an easement agreement with the business and property owners adjacent to 32nd Street and the North End Neighborhood Trail for Lot 1 of Haberkom Place in the City of Dubuque, iowa. NOW THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. That the City Council hereby accepts the Grant of Easement for the North End Neighborhood Trail with David and Mary Haberkorn and Jerome and Susan Bries for Lot 1 of Haberkorn Place in the City of Dubuque, Iowa, attached hereto as Attachment 1. Section 2. That the City Council hereby accepts the Nort~ End Neighborhooe Trail Easement Regular Session, AU~dS{ 3, 1998 276 Agreement with David and Mary Haberkorn and Jerome and Susan ~ries for Let I of Haberkom Place in the City of Dubuque, Iowa, attached hereto es Attachment 2. Passed, approved and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor ABe. st. MaryA~ Davis, City Clerk Buol moved adoption of the ~esolution. Seconded by Markham. Motion carried 6-0. July 22. 1998 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted a written examina~on on August 13, 1997 for the position of Laborer. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list. We further state that this list is good for ~wo (2) years from above date. Laborer Luke S. Duve Raymond J. Behnke RobeK Papentheih Staven R. Oberhoffer Jim Powers Ereie T. Wes[by David J. Jaeger JeffAhiers John G. Miller Respecttuliy submitted, Mede J. Duehr, Chairperson Lores J. Kluesner, Civil Service Commission Juiy 22, 1998 Honorable Mayor and Members of the City Coun~'l tn accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Se~ce Commission conducted a written examination on June 22, 1998 for the position of Computer Programmer. We hereby cad~ that the following individuals have passed this written examination and the vacancy for this position should be made from this list. We fur[her state that this list is good for two (2) years from above da~e. Computer Programmer Judith A. Marcus Victoria A_ Vivian Jeffrey M. LaPage Barbara A. Goebel K6vin A. Miller Respectfully submitted, Merle J. Duehr, Chairperson Lores J. Klussner CMl Se~ce Commission July 22, 199,9 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Se~ce Commission conducted a written examination on June 24, 1998 for the position of Engineering Assistant I. We hereby cert~, that the following individuals have passed this written examination and the vacancy for this position should be made from this list We fur[her state that this liat is good for two (2} years from above date. Engineering Assistant l Kelly S. Ambresy Michael J Fetton Wayne F. Kiatfer Colin C. Riniker Ronald J. Bahl Norma K. Kelchen Respectfully submitted, Merle J. Duehr, Jr., Chairperson Laras J. KJussner Civil Service Commi~ion July 22, 1998 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the Civil Se~ice Commission conducted a wr~ten examination on July 8, 1998 for the pcai~on of Sanitation Driver. We hereby cert~ that the followng indMduais have passed this written examination and the vacancy for this posf~on should be mede from this list. We further state that this list is good for two (2) years from above date. SanftatJon Driver Raymond J. Behnke PaWA. Herman Luke S. Duve Jim R. Powers Randy J. Vaske Brian K. Cortez William P. Leibfried Respectfully submitted, Mede J. Duehr, Jr., Chairperson Lores J. Kluesner CMl Service Commission Buo] moved that the above ceYdfications by the Civil Service Commission be made a matter-of record. Seconded by Markham. Motion carried 6-0. REFUNDS REQUESTED ---Sandra J. Michel d/b/a Grandview Mlikhouse $75.00 on unexpired Cigarette License, presented and read. Buoi moved that the refund be approved and Finance Director [o issue proper check. Seconded by Markham. Motion carried 6-0_ KDTH and KAT-FM requesting to conduct a fireworks display on Saturday, July 3, 1999 from 9:00 to 10:30 p.m. on Volunzeer Road: 277 Regular Session, August 3, 1998 presented and read. Buol moved that the request be approved subject to imelementation of the City Manager. Seconded by Markham. Motion carried 6.0. Human Rights Commission advising that Diane Tekippe is longer able to serve as a Human Rights Commissioner, presented and read. Buoi moved that the communication be received and tiled. Seconded by Markham. Motion carded 6-0. City Manager requectng authorization to publish notice of combined Notices for the William M. Black Handicap Accessibility project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 6-0. RESOLUTION NO. 320-98 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE WILLIAM M. BLACK HANDICAP ACCESSIBILITY PROJECT Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 1999, with the U.S. Department cf Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as Whereas. the CRy Counci: has approved a Community Partnership (cp2) grant to the Dubuque County Histedcal Society in the amount of $33,950, which is funded with Community Development Block Grant (CDBG) funds; and Whereas, pursuant to the rules and regulations as Dremulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the VVilliam M. Black Handicap Accees[bilRy project; and Whereas, based on said environmental review, the Department of Community and Economic Develooment has determined that said projects will have no significant impact on the environment; and Whereas a combined notice of" Finding of No Significant Impact on the Environmenf' and of"lntent to Request Release of Funds" for said project will be sent by regular mail to vadous federal, state and local ~ublic agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media~ individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certificcton. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the William M. Black Handicap Accsssibi[Ry project and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on August 21, 1998. Such notice shall ~e in the form of Exhibit "A" attached hereto and made a part hereof. Section 2 That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Reouest for Release of Funds to undertake the said projems. Secttion 4. That the Mayor of the City of Dubuque ia hereby authorized to consent m assume the status of a responsible federal official under the National Environmental Protection Act insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for rewew, decisio~ making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consem personally, in his officia! capacity and on behalf of the CRy of Dubuque, to accept the jurisdiction of [ne federal courts if an action is brought Regular SeSsion, Al-I~q~{ 3, ~998 278 to enforce responsibiF~es in relation to environmental review, decision maPJng and action. Secton 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a cerfificatlon pertaining to the environmental review procedures. Passed, approved and adopted this 3rd day of August, 1998 Terrance M. Duggan~ Mayor ARest Ma~yA: Davis, City Clerk Buat moved adoption of the resolution. Seconded by Markham. Motion carried 6-0. City Manager recommending approval of REAP grant from Iowa DNR. presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 6-0, RESOLUTION NO. 321-98 APPLICATION FOR RESOURCE ENHANCEMENT AND PROTECTION FUNDS TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE MiSSISSIPPi RIVERWALK PROJECT Whereas, the iowa Department of Naturat Resources has allocated grant funds for the development of natural areas, recreational trails and fecliifes for pedestrians and bicycles, and Whereas, the City has an adopted Riverfront Plan which places high priortty on hike/bike trail development along the Mississippi River and the linkage of the ex~ctng Heritage Trail with the Mines of Spain State Recreational Area; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the C;rty Planner is hereby authorized to submit the resolution and the applicafion to the Iowa Department of Natural Resources for Resource Enhancement and Pretec~en Funds for the Mississippi Rivercralk project Secton 2. That the City Council autho~es the City Manager to utir~e budgeted Capital improvement Program funds to provide the financial match for this project should the application be approved by the Iowa Department of Natural Resources. Section 3. That in ,the event said application is approved, the City Council hereby provides its writ[eh assurance that the completed project will be adequately maintained for ~ intended use for a minimum of twenty (20) years following project completion. Section 4. That the City of Dubuaue agrees to abide by all local state, and federal requirements applicable to the proposed project. Passed, appraved and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Buol moved adocton of the resolufion. Seconded by Markham. Motion carried 6~0. City Manager recommending approval of Atianfic and Custer Street Storm Sewer Imprevemeuts, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Mofion carded RESOLUTION NO. 322-98 ACCEPTING IMPROVEMENT Whereas, the contract for the Atlantic and Custer 8'treat Storm Sewer Improvements has been completed and the City Manager has examined the work and filed his cerif~cate stating that the same has been completed according to the terms cf the contract, plans and specifications and recommends it acoep'[ence. NOW THEREFORE. BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secton 1. Thatthe recommendation of.the City Manager be approved and that said improvemen[ be and the same is berebyaccepted. BE 1T FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Local Op~on Sales Tax Funds in amount equal to the amoun[ of his contract, tess any retained percentage provided for therein. Passed, approved and adopted this 3rd day of August, 1998. Terrance M Duggar., Mayor Attest. Ma~y A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 6-0. RESOLUTION NO, 323-98 FINAL ESTIMATE Whereas, the contract for the Atlantic and Custer Street Storm Sewer Reconstruction has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates nctces and inspestlon and all miscellaneous costs: 279 Regular Session, August 3, 1998 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 $47,110.83 and the said amount shall be paid from Local Option Sales Tax Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of August. 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 6-0. City Manager submit'ring Comparat~e Staff'lng and Call Types for Police Dept. presented and read. Buol moved that the communication be received and filed Seconded by Michalskf. Motion carried 6-0. City Manager recommending submittal of a grant renewal request to Local Law Enfomement Block Grant Program. presented and read. Buol moved that the cemmunicatio~ be received and tiled and recommendation approved. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 324-98 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 anc they have tiled proper bonds. NOW, THEREFORE, @E 1T RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "BW" BEER-WINE LICENSE Asian Gourmet Corp. Asian Gourmet Restaurant (+Sunday Sales) 113W. llth St Pesseo, approved and adopted this 3rd day of August, 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-~. BOARDS AND COMMISSIONS: individuals are invited to address the Council to express their desire to serve on vadous Boards/Commissions. HOUSING COMMISSION: Applicants - Bea Bisenius David Cochran. Carol A. Copeland. Timothy B. Crabb, Jane Steele, James Stock and Thomas P. Swift II. -Rm Crabb anc Jane Steele spoke. APPOINTMENTS to the following Boards/Commissions: INVESTMENT OVERSIGHT COMMISSION: Applicant - Gary L. Ruden. Buol moved that Gary _. Ruden be reappointed to a three year [erm that ~il expire 7-1-2001. Seconded by Robbins. Motion carded 6-0. TV CABLE COMMUNITY TELEPROGRAMMING COMMISSION: Applicant - Kelly Sebastian. Micha[ski moved thai Kelly Sebastian be appointed to a three year term which will expire 6-30-2001. Seconded by Nicholson. Motion carded 6-0. ZONING BOARD OF ADJUSTMENT: Applicants Cad Scherbdng, Jim Urell. Vote on the appointment was as follows: B~ol voted for Jim UrelL Duggan voted for Jim Urell. Markham voted for Jim Urall. Markham voted for Jim Ura[l. Michalski voted for Jim Urell. Nicholesn voted for Car[ Scherbdng. Robbins voted for Jim Urell Therefore Jim Urall was appointed to fill the unexoirec term which will expire 3-25-2003 on the Zoning Board of Adjustment. Buo] moved that' the rules be suspended to allow anyone present to address the Council if they so desire Seconded by Robbins. Motion carried 6-0_ Voetberg entered the Chambe['s at 7:40 p.m. Proofs of Publicatioh certified to by the Publisher on Notice of Heating on Plans & Specs. and Notice to Properly Owners for 1998 Sidewalk Assessment -Pennsyivania Avenue from Vizalees to Embassy West Drive; Attorney Brian Kane, representing Rober[ & C~herine Fenschel Willis and Elizabeth O Malley and Daniel & June Konichek. submitting comments regarding proposed 7-0. assessment ' for Pennsy{vania Ave.; Willis & Elizabeth O'Ma[ley oojecting to p[acemep of Regular Session, AUgUst 3, 1998 280 Pennsylvania Ave. sidewalk abu~ng Glenwood Ct; Robert & Catherine Fenchel objecting to project due to undue financial burden this wou~d cause them; Daniel & June Konichek submitting comments regarding construction of sidewalk; Ministers Benef'r~ Association objecting to proposed sidewalk construcfion; Wesbnark Enterprises, Inc. objecting to installation of sidewatks on Westmark Lot 1 of 2 and Weetmark Lot 2 of 2; Horizon Development Group objecting to instsllafion of sidewalks on proper['.,' described as Westmark Lot I of 2 and Weetmark Lot 2 of 2; Dubuque Commun~ School not objecting to project, however expressing some concern at to time of construction schedule; Pennsylvania Ave. Assn. objecting to proposed project; Cad J. Burbach, Trustee of Cad J. Burbach Declaration of Trust advising he will be construcfing sidewalks on certain areas included in the assessment within the next 60 days, therefore requesting this property be de~etad from the project, presented and read. Buol moved that the proof and communications be received and tiled. Seconded by Markham. Motion carded 70. Cad Burbach spoke requesting deletion of his property from the assessment. Mike Gau of 2479 John F. Kennedy Rd., on behaff of Fenschet's, O'Malley's & Konichek's spoke reque~ng the project be rejected citing upkeep feasibility and safety concerns. Rca Cavanaugh of Westmark spoke objecting To the proposed sidewalk on the south side fronting their property citing a safety factor. Eric Schuitz spoke requesting that the project be delayed to next year. RESOLUTION NO. 325-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of July 1998, plans, specifications, form of contract and estimsted cost were filed with the City Cterk of Dubuque, Iowa for the 1998 Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West Drive. Whereas, notice of hearing on plans, specifications, form of contracT, and ca'mated cast was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the reeelution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 326-98 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1998 SIDEWALK ASSESSMENTS PENNSYLVANIA AVENUE FROM VIZALEEA TO EMBASSY WEST DPJVE Whereas, the C~ Council has proposed a Resolution of Necessity for the 1998 Sidewalk Assessment - Pennsylvania Avenue from V~zaleee to Embassy West Drive, has given notice of the public hearing thereon as required by taw;, and Whereas, the public hearing has been hold, all persons offering objections have been heard and consideraficn given to all objections and is pending before this Councii: and Whereas, this is the time and place set as provided for the taking of action on the pmpesed Resolution of Nece~'rty. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of NecesstbJ described above is hereby: Adopted as amended by the Schedule of Assessments attacf~ed hereto as Exhibit A, and made a part hereof by reference. A~I objections tiled or made having been duly considered are overruled. Passed, adapted end approved this 3rd day of August, 1998. Terrsnce M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Buol moved adoption of the resolution with the following amendments: Penn Place and Hempstead driveway - leave at presem grade; Exempt Mr. Burbach as requested and change the schedule but bid now;, Do the project next year with completion by July 31, 1999 - beginning mid-June, 1999; Westmark property - no need for the sidewalks on the Sooth side West of the Arterial; Waive the ass~ments for the three 28! Regular Session, August 3, 1998 residents on Glenwood Ct.; Define the Crosswalks on the NW Artedat for eedssthans;. Seconded by Markham. Moticn carded 7-0. RESOLUTION NO. 327-98 ORDERING BIDS NOW THEREFORE, BE T RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1998 Sidewa[k Assessment - Pennsylvania Avenue from Vizaleea to Embassy West Dr'Ne is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the nofice to bidders hereby approved as a part of the plans and specificafiona heretofore adopted. That the City Clerk is hereby directed to adver~se for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 20th day of August, 1998. Bids sha[l be obened and read by the City Clerk at said time and wi[] be submitted to the Council for fina a~on at 7:00 p.m. an the 8th day of September, 1998. Passed, adopted and approved this 3rd day of August, 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Headng on Ptans & Specs. for Dubuque Technology Park Site Grading Completion, presented and read. Buol moved that the communication be reca[ved and filed. Seconded by Mishaiski. Motion carded 7-0. RESOLUTION NO. 328-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of July, 1998, plans, specifications, form of contract and estimated cost were ~ed with the City Clerk of Dubuque, Iowa for the Dubuque Technology Park - Site Gradinc~ Completion Whereas, notice of hearing on plans, specifications: form of contract, and estimated cost was published as required by aw. NOW THEREFORE. BE IT :~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed. adopted and approved this 3rd day of August, 1998, Terrence M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved adoetion of the resolution. Seconded by Michalski. Motion carded 7-0. Proof of publication certified to by the Publisher on Notice [o Biddem on Receipt of Bids for project and C~ Manager recommending to award bids for proje~ presented and read. Buol moved that the proof and communication be received and tiled. Seconded by Michaiski. Motion carded RESOLUTION NO. 329-98 AWARDING CONTRACT Whereas, sealed propesa[s have been submitted by contractors for the Dubuque Technology Park - Site Grading Completion pursuant to Resolution No. 317-98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of July, 1998. Whereas, said sealed propesais were opened and read on the 30th day of July, 1998 and it has been determined that the bid of C.J. Moyna & Sons Inc. of Elkader, iowa in the amount of $219,S09.20 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and speclficafions. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above imorovement be awarded to C.J. Moyna & Sons, [nc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work, BE iT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Regular Session, Aa~{ ~3i, 1998 282 Passed, approved and adopted this 3rd day of August, 1998. Terrence M. Duggan~ Mayor A~test: Mary A. Davis, City Clerk Buoi moved adoption of the resolution. Seconded by Michalski. Motion carried 7-0. Proof of publicaIJon cerlitied to by the Publisher on Notice of Hearing on Plans & Specs. for 1998 Curb Ramp Construction Project, presented and read. Robbins moved that the proof be received and filed. Seconded by Nicholsea. Motion carded 7-0. RESOLUTION NO. 330-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of July, 1998, plans, speciflcatons, form of contract and estmated cost were tiled with ~e City Clerk of Dubuque, Iowa for the 1998 Curb Ramp Construction 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 a~d estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 3rd day of August, 1998. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Rebblns moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Proof of publication cer~ed to by the Publisher on Notice to Bidders on Receipt of B~ds for project and City Manager recommending to award bids for project; presented and read. Robblns moved that the proof and communication be received and tiled. Seconded by Nicholson. Motion carded 7~0. RESOLUTION NO. 331-98 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 1998 ADA Curb Ramp Project pursuant to Resolution No. 298-98 and notice to biddem published in a newspaper published in the City of Dubuque, Iowa on the 10th day of July, 1998. Whereas, said sealed proposals were opened and read on the 23rd day of July, 1998 and it has been determined that the bid of Per[zen Construction Company, Inc. of Dubuque, iowa in the amount of $57,747.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specitica~ons. 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 PorJzen Construction Company, Inc. and the Manager be and is hereby directed to execute a con~act on beha~ of the City of Dubuque for the complete performance of the work. BE JT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer ~s authorized and instructed ~to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of August, 1998. Terranca M. Ouggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholsea. Motion carded 70. Proof of publication cer~ed to by the Publisher on Notice of Headng on Plans & Specs. for Water Main Extension Project on U.S. Highway 20, presented and read. Voatberg moved that the proof be received and tiled. Seconded by Markham. Motion carded RESOLUTION NO, 332-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of July, 1998 plans, specifications, form of contract and estimated cost were filed with the City clerk of Dubuque, Iowa for the installa~on of approximately 3,549 feet of 12-inch and 5,828 feet of ductile iron water main with accessades on U. S. Highway 20. 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: Sec~on 1. That the said plans, specifications, form of contract and estimated cost are hereby approved as 283 Regular Session, August 3, 1998 the plans, specifications, form of con[race and estimated cost for said improvements for said project. Passed, approved and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice to Bidders or Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 333-98 AWARD OF CONTRACT Authorizing the City Manager to execute a contract with Connolly Constructior., nc. of Peosta, Iowa, for the purpose of providing constru~on services for the U.S. Highway 20 Water Main Extension Project. 'WHEREAS, the U.S. Highway 20 Water Main Project has been budgeted and WHEREAS, Connolly Construction of Peosta, Iowa has submitted to the City an agreemenl [o conduct construction services of this morovemeot in the amount of $450 127.50 dollars. WHEREAS Funds have been legally appropriated for this expenditure. Now therefore, be it resolved by the City Council of the City of Dubuque, oVCa. Section 1. Thatthe City Manager be authorized to execute the agreement for construction services with Connolly Construction of Peests, Iowa dated July 28, 1998 for the U.S. Highway 20 Water Main Project Passed. approved, and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: MaP/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Proof of publication cer~ed to by the Publisher on Notice of Hearing on Plans & Specs. for Operations and Maintenance Center and Operations and Maintenance Annex, presented and read. Michalski moved that the proof be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 334-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 7th day of July, 1998 plans, specifications form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Operations and Maintenance Department Building Improvements Project. Whereas, notice of hearing on alans, specifications form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 3rd day cf August, 1998. Terrance M. Duggan, Mayor Attest: MaP/A. Davis, City Clerk Michaiski moved adopdon of the Resolution. Seconded by Robbins. Motion carded 7-0. Proof of publication ceriff[ed to by the Publisher on Notice to Bidders on Receipt of Bids for project and City Manager recommending to award bids for project, presented and read. Michalski moved that the proof and communication be received and tiled. Seconded by Robbins. Motion carded RESOLUTION NO, 335-98 AWARDING CONTRACT Whereas. sealed ~ropesals have been submitted by contractors for the Operations and Maintenance Department Building Improvements Project pursuant to Resolution No. 291 - 98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of July, 1998 Whereas, said sealed proposals were opened and read on the 22nd day of July 1998 and it has been determined that the bid of Portzen Construction Inc. of Dubuque, iowa in the amount of $79,121.00 was the owest bid for the furnishings of all labor and materials and performing the work as provided for Sub-project I ir the plans and specifications. NOW THEREFORE, BE [T Re.~ular Session, AU~d~t 3~ 1;998 284 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Thatthe contract for Sub-project 1 of the above improvement be awarded to Portzen Construc~an Inc. and the City 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 contrast and the approval of the contractor's bond, the City Treasurer is authorized end instructed to return the bid deposes of the unsuccessful bidders. Passed, approved and adopted this 3rd day of August. 1998. Terrarme M, Duggan, Mayor Attest: MaP/A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried RESOLUTION NO. 336.98 AWARDING CONTRACT Whereas, sealed proposals have been subm~ed by contractors for the OPerations and Maintenance Department Building Improvements Project pursuant to ResoJu~on No. 291- 98 end no+Jce to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of July, 1998. Whereas, said sealed proposals were opened and read on the 22nd day of duly, 1998 and it has been determined that the bid of Geisler Brothers Company of Dubuque, Iowa in the amount of $31,618.00 was the lowest bid for the furnishings of all labor and materials and Ferferming the work as provided for Sub-prelect 2 in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for Sub-project 2 of the above improvement be awarded to Geisler Brothers Company and the City 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 author[zed and instructed to return the bid depo~;~s of the unsuccessful bidders. Passed, approved and adopted this 3rd day of August~ 1998. Terrence M. Duggan, Mayor Attest MaP/A. Davis, City Clerk Michalski moved adoption of the .Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 337.98 AWARDING CONTRACT Whereas, sealed proposals have been subm~ed by contractors for the OperafJons and Maintenance Department Building Improvements Project pursuant to Resolu~on No. 291- 98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of July, 1998. Whereas, said sealed proposals were opened and read on the 22nd day of duly, 1998 and it has been determined that the bid of Morse Electdc Company of Dubuque, Iowa in the amount of $14,900.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for Sub-project 3 in the plans and specifications. NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tha~the contract for Sub-prelect 3 of the above improvement be awarded to Morse Electric Company and the City Manager be and is hereby directed to execLKe a contract on behait 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 Treasarer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of August, 1998~ Terrence M. Duggen, Mayor Attest Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins,: Motion carried 7~0. RESoLUTIoN NO. 338-98 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Operations and Maintenance Department Building Improvements Project pursuant to Resolution No. 291- 98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of July, 1998. Whereas, said sealed proposals were opened and read on the 22nd day of July, 1998 and it has been 285 Regular SeSsion, August 3, 1998 determined that the bid of Portzen Construction Inc. of Dubuque, Iowa in the amount of $19,700.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for Sub-Prelect 4 in the plans and spec~cafions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for Sub-project 4 of the above improvement be awarded to Por~en Construction Inc~ and the Cit7 Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per[ormance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer ia authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of August, 1998. Terrenca M. Duggan, Mayor Attest: MaryA. Davis, City Clerk MichalskJ moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager submitting an ordinance in response to traff-~c Issues at John F. Kennedy School, presented and read. Markham moved that the communication be received and tiled. Seconded by Budi. Motion carded 7-0. An Ordinance Amending Section 32- 262 of C~ Code of Ordinances by adding paKs of Woodland Drive providing for the orohibiting of parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 48-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA,-BY DELETING PARTS OF WOODLAND DRIVE FROM SUBSECTION (d} OF SECTION 32-262 AND ADDING PARTS OF WOODLAND DRIVE TO SUBSECTION (d} OF SECTION 32- 262 THEREOF PROVIDING FOR THE PROHIBITING OF PARKING NOW, THEREFORE. SE iT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1 That the Code ct Ordinances of the City of Dubuque, Iowa De amended by deleting Woodland Drive from Subsection (d) of Section 32-262 thereof as follows: ".$_e~;_~c2.CZ~ Prohibited on Desiqnsted Streets or Poddons Thereofl (d} No-parkin g-at-any-lJm e zones dssign,sted Woodland Ddve, east aide, from Keyway Ddva to Foothill Ddve." Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Woodland Ddve to SubseCtion (d) of Section 32- 262 thereof as follows: "~ Prohibited on Desiqnsted Streets or Portions Thereof. (d) No-parking-at-any-time zones de.signated; Woodland Ddve, east aide, from Keyway Drive to a poiat one hundred fifty (150) feet aouth of Keyway D~e and from Foothill Road to a point two hundred (200) feet north of Foothill Road. Passed, approved and adopted this 3rd day of August, 1998. Torrance M. Duggan, Mayor Attest: Mary.&. Davis, City OIerk Published officially in the Telegraph Herald newspaper this 10th day of August, 1998. MaryA. Davis CMC, City Clerk It 8/10 Markham - moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Ceunc~ Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Buol. Motion carded 7-0. Markham moved tinal consideration and passage of the Ordinance. Seconded by Budi. Motion carded 7-0. City Manager submit~ng ax ordinance providing for traffic contrdi at Dubuque Technology Park, presented and read. Budi moved that the communication be recefved and filed. Seconded by Robbins. Motion carded An Ordinance Providing for the addition of a "Yield Sign" on Lake Eleanor Road and Digital Dr., presenmd and read. (OFFICIAL PUBLICATION} ORDINANCE NO. 49-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF . Regular Session, August 3i 1998 286 SECTION 32-216 THEREOF PROVIDING FOR THE ADDITION OF A YIELD SIGN ON LAKE ELEANOR ROAD AND DIGITAL DRIVE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Lake Eleanor Road and Digital Ddve to Subsection (b) of Section 32-216 thereof as follows: 'Sec. 32-214. Yield fntersectJons. (b) (4) Westbound Vehicles Lake Eleanor Road and Digital Drive.' Passed, approved and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of Auguat~ 1998. MaryA. Davis CMC, City Clerk It 8110 Buol moved that the requirement that a propes(~d Ordinance be considered and voted on for passage at two Counc~ Meetings prior to the meeting a~ which it is to be finally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance.- Seconded by Robbins. Motion carried 7-0. City Manager submitting an Ordinance regarding Municipal Infraction Penalties, presented and 'earl. Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carried An Ordinance Amending Secfion 1- 16 of the City Code of Ordinances by increasing the Civil Penettias provided therein for municipal infractions, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 50-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, SECTION 1-16, "VIOLATIONS, PENALTIES, AND ALTERNATIVE RELIEF," BY INCREASING THE CIVIL PENALTIES PROVIDED THEREIN FOR MUNICIPAL INFRACTIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectio~ 1. That Sec. 1-16 of the Code of Ordinances of the City of Dubuque, Iowa, be amended to read as follows: Sec. 1-16. Penates (a) A municipal infraction is punishable by a civil penalty as provided in the fo{lowing schedule, unless a specific schedule of civil penalties ~s provided for specific offenses elsewhere in this Code. Schedule of CMl Penai~es First offense - Not to exceed Two hundred fray dollars ($250.00) Second Offense - Not to exceed Five hundred dollars ($500.00). All other repeat offenses - Not to exceed Seven hundred fifty dollars ($750.00) (b) Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. (c) Seeking a civil penalty as authorized in tbis chapter does not preclude the city from seeking aitemafive relief from the cour~ in the same aeon as provided in Section 364.22 oftbe Iowa Code. Section 2. This Ordinanceshalltake effect upon publication. Passed. approved and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: Mary,A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of August, 1998. MaP/A. Davis CMC, City Clerk It 8/10 Voatberg 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 Robbins. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Robbins. Mofion carried 7-0. City Manager recommending approval to install "Stop Sign at Forest Lane and Glen Oak, presented and read. Veatberg moved that the communication be received and filed. Seconded byBuoL Motion carriedT-0. A~ Ordinance Amending Cede of Ordinances by providing for the addition of stop signs on Forest Lane and Glen Oak Street and Nevada Street presented and read. 287 Regular Session, August 3, 1998 (OFFICIAL PUBLICATION) ORDINANCE NO. 51-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (bi OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS ON FOREST LANE AND GLEN OAK STREET AND NEVADA STREET NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section l. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Forest Lane and Glen Oak Street and Forest Lane and Nevada Street To Subsection (bi of Section 32-214 [hereof as follow~: "Sec. 32-214. Stop Intersections. (b) Ea~bound and Westbound Forest Lane and Glen Oak Street. Eastbound Forest Lane and Nevada Street.' Passed, approved and adopted this 3rd day of Augest, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of August, 1998 Mary A. Davis CMC, City Clerk It 8110 Voatberg 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 Dy Robbins. Motion carried 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Robblns. Motion carried 7-0. An Ordinance Prohibiting parking on designated streets or portions thereof by adding certain podions of Forest Lane, presented and read. (OFFICIAL PUBLICATION) ORDINANCE r~o. 52-98 AN ORDINANCE AMENDING SECTION 32-262(D) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING CERTAIN PORTIONS OF FOREST LANE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding to Subsection (d) of Section 32-262 the following: Forest Lane, north side, from Nevada Street to Delhi Street. Passed, approved and adopted this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cfty Clerk Published officially in the Telegraph Herald newspaper this 10th day of August, 1998. Mary A. Davis CMC. City Clerk It 8/10 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion cardedT-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Robbins. Motior carried 7-0. An Ordinance Adding Delhi Street as a designated through street, presented and read. (OFFICIAL PUBLICATION} ORDINANCE NO. 53-98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING DELHI STREET TO SUBSECTION (bi OF SECTION 32- 213 THEREOF PROVIDING FOR THE DESIGNATION OF THROUGH STREETS NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Delhi Street to Subsection (bi of Section 32- 213 thereof as follows: '.Sec. 32-213. Throuah Streets (b) Delhi Street, from the south property line of University Avenue to the east property line of North Grandview Avenue, and from [he west property line of NoAh Grandview Avenue to the south property line of University. Avenue." Passed, approved and adopted this 3rd day of August, 1998. Reqular S-~_~on, August 3i 1998 288 Temance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of August, 1998. MaryA: Davis CMC, City Clerk It 8/10 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Mee~ngs pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robblns. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Robblns~ Motion carried 7-0. City Manager recommending commitment of $57,300 in Community Partnership Program funds, presented anc read. Markham moved that the communication be received and file~. Seconded by Michalski. Motion carded 7-0. RESOLUTION NO. 339-98 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 1999. Whereas, under the provisions of TPJe I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viable urban commun~b/ through the pro,~sion of decent housing, a suitable living environment and expanded economic opportunities for its residents, pa~culady those persons of lowand moderate ncome; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response tc the national goals and objectives of the CDBG program; and Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were approved by the City Council by Resolution No. 259-92 on July 20, 1992 and amended by Resolution 96 on January 15, 1996, Resolution 64- 97 on February 3, 199 and Resolution 43-98 on February 2, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 'L That the City Council hereby awards Community Partnership Program (CD2} monies to the fellowing organizations. The award shell conelst of a grant to the organization for the den~ed project and shall be for the amount noted below:. Audubon Elementary School Family Techneiogy Center $ 7,800 YMCA/YWCA Building Corp. Special Needs Locker Rooms $49 500 TOTAL $57,300 Section 2. That the City Manager be and he is hereby authorized to develop and execute conzracts with representatives from the aforementioned organizafJons in accordance with the program guidblines established for the Community Partnership Program and with the regulations of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in accordance with the terms and conditions sstabrmhed in said contracts~ Passed, approved and adopted this 3rd day of August, 1998 Terrance M. Duggan, Mayor Attest MaryA: Dav'~s, City Clerk Markham moved adoption of the RssoJution. Seconded by MichalskL Motion carded 7-0. City Manager subm~ng bidding documents for construction of Storm Sewer Modifications o~ C~arke Ddve, presented and reac_ Michelski moved that the communication be received and filed. Seconded by Voe~berg. Motion carded 7-0. RESOLUTION NO. 340-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY ~.OUNCJL OF THE CITY OF DUBUQUE, IOWA: That - the proposed plans, specifications, form of contract .and ssfimatec cost for the Storm Sewer ModifJca~ons on Clarke Drive, in the estimated amount of $34,833.05, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest MaryA: Davis, City Clerk Michalski moved adoption of the Resblution. Seconded by Voetberg. Motion carded 7-0. 289 Regular Session, August 3, 1998 RESOLUTION NO. 34%98 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 C~ Clerk for public inspection of the Storm Sewer Modifications on Clarke Ddve. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the 8th day of September, 1998, a public hearing will be held ar 7:00 p.m. in the Public Library Auditorium ar which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed [o cause a notice of time and place of such headng [o 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 heating, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voetberg. Mo'don carried 7-0. RESOLUTION NO. 342-98 ORDERING BIDS NOW THEREFORE, 9E IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Storm Sewer Modifications on Clarke Ddve is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be n an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise 'or bids for the construction of the improvements herein provided, re oe published in a newspaper having genera~ circulation in the City of Dubuque, Iowa, which notice shall nor be less than four days nor more than forty-five days PriOr to the receipt of said bids at 2:00 p.m. on the 25th day of August, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 8th day of September, 1998. Passed, adopted and approved this 3rd day of August, 1998 Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. City Manager subm~ng bidding documents for construction of Curb Ramps - Sidewalk Inspection Route, presented and read. Robbins moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 343-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the proposed plans, specifications, form of contract and estimated cost for the 1997 Curb Ramps - Sidewalk Inspection Route, in the estimated amount of $81,199.13, are hereby approved and ordered filed in the office of the City Clerk for pu_biic inspection. Passed, adopted and approved this 3rd day of August, 1998. Torrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 344-98 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 end placed same on tile in the office of the City Clerk for public inspection of the 1997 Curb Ramps - Sidewalk Inspection Route.. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 8th day of September, 1998, 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 Re_.qular Session, August 3~ 'L998 290 specifications, form of contract and cost of sa~d imorovement, and the ~rty Clerk be and is hereby directed to cause a ~otice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not tees than four days nor more than twenty days prier to the day fixed for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 3rd day of August, 1998. Temance M. Duggan, Mayor Attest: Mary ~ Davis, Cb Clerk Robbies moved adoption of the ResolLFdon, Seconded by Buel. Motion carried 7-9 RESOLUTION NO. 345-98 ORDERING BIDS NOW THEREFORE, BE Fi' RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the 1997 Curb Ramps - Sidewalk Inspection Route is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secuff~y to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than fody-five days prior to the receipt of said bids at 2:00 p.m. on the 20th day of August, 1998. Bids shatl be opened and read by the City Clerk at said time and will be eubmffted to the Council for final action at 7:00 p.m. on the 8th September, 1998. Passed, adopted and approved this 3rd day of August, 1998. Torrance M. Duggan, Mayor A~est: MeN A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager submit'ring bidding documents for constru~on of Curb Ramps - Washington St from 14th St to 30th St., 9resented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7--0. RESOLUTION NO. 346-98 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 Washington Street from 14th to 30th Street Curb Ramp installation, 'n the estimated amount of $52,803.19, are hereby approved and ordered tiled in the office of the City CJerk for public inspection. Passed, adopted and approved this 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Robbins moved adop~on of the resolution Seconded by Nichelsor. Motion carded 7-0. RESOLUTION NO. 347-98 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, apec'~ca~ons and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Washington Street from 14th to 30th Street Curb Ramp lnstalia~or. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF DUBUQUE, IOWA: That on the 8th day of September, 1998, a public hearing v~l be held at 7:00 o'clock p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specitica~ons,' form of contract'and cost of sain improvement, and the C'r[y Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed ~r its consideration. At the hearing, any' interested persan may appear and tile objections to the proposed plans, -specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 3rd day of Augest, 1998. Regular Session, August 3, 1998 Terrence M. Duggan, Mayor Attest: Mary A. Davis. City Clerk Robbins moved adoption of the resolution Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 348-98 ORDERING BIDS NOW THEREFORE. BE T RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Washington Street from 14th to 30th Street Curb Ramp Installation is hereby ordered to be advertised for bids for constru~on. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform [o the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, [o be punished in a newspaper having general circulation in the City of Dubuque, Iowa, which nbtice shall not be less than four days nor more than forty-five days pdor to the receip[ of said bids at 2:00 p.m. on the 20th day of August, 1998. Bids shall be opened and read by the City C~erk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 8th day of September, 1998. Passed, aaopted and approved this 3rd day of August, 1998. Terrance M. Du.ggan, Mayor A~est: Mary A. Davis, City Clerk Robbins moveo ado~on of the resolution. Seconded by Nicholson. Motion carried 7-0. Staff had been given proper dire~on. There being no further business. BuM moved to adjourn. Seconded by Voetberg. Motion carried 7-0. The meeting adjourned at 9:16 p.m. la/Ma~Y A. Davis CMC Approved~-- "ff"' 1998 Adopted ~'~' ~ ' Jeff Zasada. 1941 Lagen, spoke in appreciation for quick effort taken concerning the Kennedy School area parking issue. At 8:45 p.m. Michaiski moved to go into Closed Session In accordance with Chaprer 21.5 l.(j) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the 9dca the governmental body would qave to pay for that property. Seconded by Robbins. Motion carried 7-0. At 9:15 p.m. Council reconvened Regular Session with statement that Board of Health, August 17, 1998 292 DUBUQUE BOARD OF HEALTH SPECIAL MEETING Special Board of Health Mee*Jng, August 17, 1998 Board met at 6:55 P.M. Public Library Auditorium. Present: Chairperson Duggan, Board ~viembers BuoL, Markham, Michaiski, Nichoison, Robbins. Absent Board Member Voetberg. Chairperson Duggan read the call and stated this is a Special Session of the Board of Health called for the purpose to act upan such business which may propedy come before the Board. City Manager requesting Board of Health Chairperson execute Letter of Suppo~ for Local E~pewerment Board, presented and read. Robbins moved that the communication be rece'rved and filed and request approved. Seconded by viichalstd. Motion carried 6-0. There being no further business. Robbins movedto adjourn. Seconded by Michaisld. Motion carded 6-0. The Board adjourned at 6:59. Is/Mary A. Davis CMC, Secretary, Board of Health Approved ~-"~-"~/-:~" ,1998 Adopted (~/-'~-' ~*'*" 1998 293 Regular Session, August 17, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Cit7 Council. Regular Session, August 17, 1998. Council Met at 7:00 P.M., Public Library Auditorium. Present Mayor Duggan, Council Members Buol, Markham, Mishaiski, ~ichoison. Robbins, City Manager Michael Van Mil[igen, Corporation Counsel Barry A. _indahl. Absent: Council Member Voatberg. Mayor Duggan read the ceil and stated this is the Regutar Session of the City Council called for the purpose to act UPOn such business which may propedy come before the Council. . Invocation was given by Father Craig Welbaum, Pastor of St. John's Episcopal Church City Manager presented an "Accreditation Award" to Police Chief John Mauss and Police Corporal Dan Avenadus for the Police Dept. MINUTES SUBMITTED: Electdcal Code Board of 7-9 & 8-3; Histodc Preservation Commission of 5-28, 6- 11, 6-24 & 6-25; investment Oversight Advisory Commission of 7-16; Park & Recreation Commission of 8-4; Plumbing Bd. of 7-28; Transit Bd. of 6- 21; Zoning Advisory Commission of 8- 5, presented and read. Buol moved that the minutes be received and filed Seconded by Markham. Motion carded 6-0. Long Range Planning Advisory Commission of 7-29, presented and read. Michalski moved that the minutes be received and tiled. Seconded by Nioholson. Motion carded 6-0. Proof of Publication on Notice of publishing Council proceedings for meeting of July 20, 1998, presented and read. Buct moved that the proof be received and tiled. Seconded by Markham. Motion carded 6-0. Finance Director submitting Financial Reports for month ending July 31, 1998, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Modon carded 6-0. NOTICES OF CLAIMS/SUITS: Pat Felderman in est. amT. of $597.82 for vehicle damages; Mary E. Kalloway in unknown amount for personae injunes; James E. Millius Jr./Jodi A. Millius in amount of $163.71 for vehicle damages; Mark A. Pder, in unknown amount for persona[ injunes; Leo & Geraldine Wsstmark, in unknown amount for property damages, presented and read. Buol moved that the claims and surfs be referred to the Legal Staff for investigation and reporb Seconded by ~4arkham. Motion carried 6-0 Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa. the agent for the owa Communities Assurance Pool: Vehicle damage of Shirley A. B[ong; Vehicle damage of Jeremy Cook; Vehicle damage of Jeff & Julie Harry; Property damage of Dale A. Hirsch; Personal injury and truck damage of Fred Marburger; Vehicle damage of Donald J. Nauman; Vehicle damage of Aimee Wagner, presented and read. Buol moved that the communications be received and filed. Seconded by Markham. Motion carded 6-6. Coreorafion Counsel advising following damages have been referred: Vehicle damage claim of Christine A Kress to Horsfield Construction, Inc., for dispos~an: Vehicle damage of Chfistee A. Wallace to the Regional Transit Authority, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 6-0. Corporation Counsel recommending denial of properb/ damage claim of Shidey KJrch and vehicle damage claim of Curran J. Smothers, oresented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Modon carried 6-0, CorPoration Counsel recommending settlement of following claims and directing Finance Director to submit to CAP for reimbursement: Car damage Reqular Session, August 17~ 1998 of Asia Motors, Inc. in amount of $420.00; Property damage of Kevin t~enzle in amount of $50.51, presented and read. Buol moved that the communications be reca'Ned and filed and setflements approved. Seconded by Markham. Motion carried 6A3~ John R. and Margaret B. Horn requesting to vacate and purchase po~on of 28th Street and porlion of Brunswick St from Strauss St, presented and read. Buol moved that this matter be referred to the City Manager. Seconded by Markham. Mo'don carried 6-0. Chad Stcckel, Legal intern with City's Legal Staff, expressing his 'Thanks" and "Apprecia'don" for working in City offices dudng the past 13 weeks, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. Zoning Advisory Commission advising of their approval of plat of Furuseth's Third Subdivision, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Mo'don carried 6-0. RESOLUTION NO. 349-98 RESOLUTION APPROVING THE SUBDIVISION PLAT OF LOTS 1 AND 2 OF FURUSETH'S THIRD SUBDIVISION IN DUBUQUE COUNTY, IOWA. Whereas, there has bean filed with the City Clerk asubdMsion plat of Lots I and 2 of Furuseth's Third SubdMeion in Dubuque County, Iowa; and Whereas, upon said subdivision p~at appears a road known as W~drife Ridge; and Whereas, said subdivision plat has been reviewed by the Zoning Advisory Commission, waiving Article IV, Design and Improvement Standards of the SubdMsicn Regulations, except for Section 42-19, Lots and Blocks; and Whereas, said subdivision plat has been examined bythe City Council and they find it conforms to the statutes and ordinances relating to NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seddon 1. That the subdivision plat of Lots 1 and 2 of Furuseth's Third Subdivision in Dubuque County is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat Sec'don 2. That the City Council hereby waives Addcle IV, Design and Improvement Standards, of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Passed, approved and adopted this 3rd day of August, 1998. Terranee M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adop'don of the resolution. Seconded by Markham. Motion carried 6-0. Zoning Advisory Commission advising of their approval of plat of Furuseth's Fourth Subdivision, presented and read. Bual moved that the communication be received and filed. Seconded by Markham. Mo'don carded 6-0. RESOLUTION NO. 350-98 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 9 OF FURUSETH'S FOURTH SUBDIVISION IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 through 9 cf Fureeath's Fourth SubdMsion in Dubuque County, iowa; and Whereas, upon said final plat appear two 66-foot wide access easements (Wildlife Ridge and Morning Dove Lane); and Whereas, said final plat has been reviewed by the Zoning Advisory Commission and had their approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find it conforms to the statutes and ordinances relating to i~ except that public L, fif~es have yet to be installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the final plat of Lots 1 through 9 of Furuseth's Fourth Subdivision in Dubuque County is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat Sec~on 2. That the City Council hereby waives Article IV, Design and Improvement Standards, of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Passed, approved and adopted this 295 Regular Session, August 17, 1998 17th day of August, 1998~ Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk BuoJ moved adoption of the resolution. Seconded by Markham. Motion carded 6-0. Zoning Advisory Commission advising of their approval of plat of Kelly Heights Subd., presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 351-98 RESOLUTION APPROVING THE SURVEY PLAT OF LOTS I OF 4 AND 2 OF 4 OF KELLY HEIGHTS SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a survey plat of Lots 1 of 4 and 2 of 4 of Kelly Heights Subdivision in the City of Dubuque, Iowa; and Whereas, said plat provides 7.22 feet of frontage and 986 square feet of Io'~ area for Lot 2 of 4, where 60 feet of frontage and 6,000 square feet of lot area are required by Section 42-19(b) of the SubdMsion Ordinance; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the Cky Council and they find it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That Se~on 42-19(b) o1 the Subdivision Ordinance is waived to allow for Lot 2 of 4 to have 7.22 feet at frontage anc 986 square feet of lot area. where 60 feet of frontage and 6,000 square feet of lot area are required. Section 2. That the survey plat of Lots 1 of 4 and 2 of 4 of Kelly Heights Subdivision, in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby auThor[zed and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 17th day of August, 199& Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resoluton. Seconded by Markham. Motion carried 6-0. City Manager recommending acceptance of property from F. Roger Murray for Walnut St_ Retaining Wall, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 6-0. RESOLUTION NO. 352-98 RESOLUTION ACCEPTING AN AGREEMENT FOR RIGHT-OF-WAY PURCHASE FOR WALNUT STREET Whereas, the City of Dubuque has negotiated an agreement with Dr. F. Roger Murray to purchase a por~on of the westerly 31.75 feet of the norther~' 88 feet of Lot 783 in McDanie]'s Subdivision of Town Lots in the City of Dubuque, Iowa; and Whereas, this property is needed for the right-of-way of Walnut Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council accepts the Agreement dated May 22, 1998, between Dr.'F. Roger Murray and the City of Dubuque. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque said agreement. Passed, approved and adopted this 17th day of Auguat, 1998. Terrence M. Duggan, Mayor Attest: Mary A~ Davis, City Cterk Buol moved adoption of the resolLr~on. Seconded by Markham. Motion carded 6-0. RESOLUTION NO. 353-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON WALNUT STREET TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Agreement with Dr. F. Roger Murray dated May 22, 1998. pursuant to which Dr. F. Roger Murray ag reed to convey a part of the westedy 31.75 feet of the northerly 88 feet of Lot 783 in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, as ShOWn on the Acquisition Plat thereof: and Whereas, this area is ~equired for the right-of-way of Walnut Street; and Whereas. Dr F. Roger Murray has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, The Cib/Council of the Regular Session, August 17, 1998 296 City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim from Dr. F. Roger Murray, copies of which are attached hereto, as required by Iowa Code Section 56g.7. Section 2. The area as shown on the Acquisition Plst prepared by WHKS and Company dated Februap/27, 1997 is designated as right-of-way for Walnut Street Section 3. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connec~on herewith. Passed, approved and adoptsd this 17th day of August, 1998. Terranca M. Duggan, Mayor Attest MaP/A. Davis, City Clerk Buol moved adoption of the resolutico. Seconded by Markham. Motion carded 6-0. City Manager subm~ng Vacant Buildings Status Report, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. City Manager recommending endorsement of proposed changes to modify Northwest Artedal Phase IV project to meet John KTvlahan's need to devsiop his property, presented and read. Buoi moved that the communication be received and filed. Seconded byMarkham. Motion carded 6-0. City Manager recommending apprevai to assign three Rivemide Bowl, [nc. leases to Dubuque E~ank & Trust Company, presented and read Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 354-98 RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BETWEEN THE CITY OF DUBUQUE, IOWA AND RIVERSIDE BOWL, INC. TO DUBUQUE BANK AND TRUST COMPANY Whereas, the City of Dubuque, Iowa (City) has leassd to Riverside Bowl, Inc. certain resi property pursuant to the following leases: Lease dated May 2, 1958. 2. Lease dated April 14, 1964. 3_ Lease amended June 19, 1973; and Whereas. Riverside Bowl, Inc. in consideration of a loan from Dubuque Bankand Trust Company has arranged to assign said leases to Dubuque Sank and Trust Company as security for the loan; and Whereas, the lease agreements between the City of Dubuque and Riverside Bowl, Inc. a~lows the assignment of the leases by Riverside Bowl, Inc. at its option upon pnor written approval of the CitT, to the extent that the City's interest shall be fully protected; and Whereas, the EH Counc~ of the City of Dubuque, Iowa has determined that it is in the best interest of the City to consent to such assignment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the assignment of the three above leases from Riverside Bowl, Inc. to Dubuque Bank and Trust Company, copies which are att~ached hereto are hereby approved. Section 2. That the Mayor be authorized and directed m sign said assignment of leases on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of August~ 1998. Torrance M. Duggan, Mayor Attest MaP/A: Davis, Cfbj Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 6-0. City Manager recommending approval of continuation of agreement with Lisa Sestsrhenn to provide services for Healthy Dubuque 2000 program, presented and read_ Buol moved that the communicator be received and flied and recommendation approved. Seconded by Markham. Motion carried 6-0. City Manager subm~ng list of Legislative Issues for 1999 to be submitted to area legislators, presented and read. Buel moved that the communication be received and tiled and recommendation approved. Secended by Markham. Motion carried 6-0. City Manager requesting authorization to publish combined notice of finding for YMC~CA Building Corporation Special Needs Locker Rooms, presented and read Buol moved that the communication be received and filed. Seconded by Markham. Mofion carried 6-0. Regular Session, August 17, 1998 RESOLUTION NO. 355-98 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE YMCA/YWCA BUILDING CORPORATION SPECIAL NEEDS LOCKER ROOMS PROJECT Whereas, the City of Dubuque wi] enter into a Grant Agreement for the Fiscal Year commencing July 1, 1999, with the U.S. Doper[mom of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974. as amended; and Whereas, the C~ Council has approved a Community Partnemhip (cp2) grant to the YMCA/Y~NCA Building Corporation in the amount of $49,500, which is fundec with Community Development Block Grant (CDBG) funds; and Whereas, pursuant to the ruiss and regulatioss as promulgated by the U.S. Department of Housing and Urban Developmen[, an environmental review has been processed for the William M Black Handicap Accessibility project; and Whereas, based on saic environmental review, the Department of Community and Economic Development has determined that said project wiII have no significant impact on the environment: and Whereas, a combined notice of" Finding of No Signific,,,ant Impact on the Environment" and of' Intent to Request Release of Funds" for said project will be sent by regular mai] to vadoss federal, state and local public agencies; to the appropr"ate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, indMduaJs and groups known to be interested and believed to be appropriate to receive such a notice: and Whereas any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined ~ctce of Finding of No Significant Impact on the Environment and Notice of Intent to Reques[ Release of Funds for the YMCA/YWCA Building Corporation Special Needs Locker Rooms project and to make the Environmental Review Record for said projects available for public inseection and comment until 5:00 p.m. on September 4, 1998. Such notice shall be in the form of Exhibit "A" attache~ hereto and made a part hereof. Secton 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuoue is hereby authored and directed to submit [o the U.S. Department of Housing and Urban Devekipment fifteen (15) eays after publication of apprepdata notice a Request for Release of Funds to undertake the said projects. Section 4. That the Mayor of the City of Dubuque is hereby authoRiZed to consent to assume the s[a[us of a responsible federel official under the National Environmental Protection Act, insofar as the provisions of the said Act apply To the U.S. Department of Housing and Urban . Development responsibilities for re'~ew, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent persona~ly, in his officiel capacity and on oeha~f of the City of Dubuque, to accept the judsdicton of the federal courts if an action is brought to enforce rssponsibir~es in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a cert~cafion pertaining to the environmental review procedures. Passed, approved and adopted this 17th day of August, 1998 Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buel moved adoption of the resolution. Seconded by Markham. Motion carded 6-0. City Manager recommending execution of agreement with HUD for Federal Grant funds, oresented and reed Buel moved that the communication be received aaa filed. Seconded by Markham Motion carried Reqular Session, August 17, ~98 298 RESOLUTION NO. 356-98 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WiTH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, under provisions of T'r~e I of Housing and Communfty Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1,409,000 for s twelve month program year commencing July 1, 1998 and ending June 30, 1999; and Whereas, a grant agreement covering the ac~vities proposed to be carded om with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development NOW. THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding ApprevaVAgresment, authorized by the U.S. Depadment of Housing and Urban Development on July 1, 1998 for a Commun~ Developmen[ B{ock Grant to the City of Dubuque in the amount of $1,409,000 and identitied as Grant Number B-98-MC-19-000~ is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of August. 1998 Terranea M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 6~0. RESOLUTION NO. 357-98 NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CI-~ OF DUBUQUE, OWA: That the following having complied with the previsions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa. be granted a permit to sell Cigarettes and Cigarette Papers within said CEy. NEW Dubuque Golf & Country Club Dubuque Goff & Country Club 1800 Randall Passed, approved and adopted this 17th day of August, 1998. Terranca M. Duggen, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the Reselu~on. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 358-98 Whereas, applications for Beer Permits have been submitted end flied to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds_ NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS'B" BEER PERMFT Tri-State Golf Center Inc TrkState Golf Center Inc.+ (Sunday/Outdoor Sale) 1095 Cedar Cross CLASS 'C' BEER PERMIT Ok'y Doky ~21 LLC ely Doky~ 21 +(Sunday Sale) 2010 Kerper Blvd Mulgrew Oil Co AMOCO Food Sbep+(Sunday Sale) 1450 Lores Bird Rainbow Oil Co Kwik Stop Food Mart+(Sunday Sate) 2255 Kerper Blvd CLASS "BE' BEER PERMIT Beverly Miller Sid's Beverage +(Sunday Sale) 2127 Dodge St TFM Co. ely Doky# 6 +(Sunday Sale) 1256 Iowa St CLASS 'B" BEER( SPECIAL EVENT) Donna Ginter Riveffest +(Sunday/Outdoor Sale) 7thfrewn Clock Passed, approved and adopted this 17th dayAugust 1998. Terranca M. Duggan, Mayor Attest Mary A Davis, City Clerk Buol movee adoption of the a:esolutJon. Seconded by Markham. Motion carded 6-0. RESOLUTION NO. 359-98 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 2_9_9 Reqular Session, August 17, 1998 inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the fallowing named applicants a Liquor Licensa. CLASS ~C'(COMMERCIAL) BEEPJLIQUOR LICENSE Clarke College Clarke College +(Sunday Sale) 1550 Clarke Dr. David H. Edckson Luck3' 13 Tap +(Sunday Sole) 385 E 13th St King of Clubs, [nc. 1902 Central Ave +(Sunday Sale) 1902 Central Ave Passed, approved and adopted this 17th day of August, 1998 Terrance M. Duggan, Mayor Attest:. Mary' A. Davis, City Clerk Buol moved adop§on of the Resolution. Seconded by Markham~ Motion carded 6-0. West Dubuque Tap requesting to transfer their Jquor License from 1701 Asbury Road to parking lot at 5th, 6th & Main Street on September 12 & 13, presented and read. Buei moved that the communicaton be received and filed and request approved. Seconded by Markham. Motion carded 6-0. BOARDS AND COMMISSIONS: APPOINTMENTS to Housing Commission Applicants: Boa Bisenius. David Cochran, Carol Copeiand, Timothy Crabb, Jane Steele, James Stock and Thomas P. Swift II. Vote on the throe throe-year terms which wi] expire 8-17-2001 are as follows: Buol voted for Bisenius, Steele and Swift. Duggan voted for Bisenius, Stock and Swift Markham voted for Bisenius, Steele and Stock. Michaiski voted for Bisenius. Cochran, and Steele. Nicholson voted for Bisenius, Steele and Stock. Robbins voted for Bisenius, Stock and Swi/t. Therefore, Boa Bisenius, Jane Steele and James Stock were reappointed to three year terms on the Housing Commission ~hich will ex,irc August 17, 2001. Vote for one individual for the unexpired term to expire 8-18-99. Buei voted for Swift; Duggan voted for Swift: Markham voted for Copeiand. Michaiski voted for Cochran. Nichoison voted for Copeiand. Robbies voted for Swift No one received the required four votes. Markham moved to go with the plureilty vote (the highest vote getter is appointed). Seconded by Buol. Carded by the following vote: Yeas--Duggan, Buol, Markham, Robbins. Nays---Micheiski, Nicheison. The final vote for the unexpired term which will expire 8-17.99 Buol voted for Swift. Duggan voted for Swift. Markham voted for Copeland. Micheiski votec for Cochran. Nicheison voted for Copeiand. Robbins voted for Swift. Therefore, Thomas P. Swift Il appointed to the unexpired term which will expire August 17, 1999. Michalski moved [o suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 6-0. Proof of publication cer~fied to by the Publisher on Notice of Headng on Plans & Specs. for Construction of North End Neighborhood Trail Project, Proof of publication certified to by the Publisher on Notice to Bidders of Receipt of Bids for project and City Manager recommending to reject all bids received and to rebid the project, presented and read. Robbins moved that the proofs and communication be received and tiled. Seconded by Nicheison. Motion carded 6-0. RESOLUTION NO, 360-98 RESOLUTION RESCINDING RESOLUTION NO, 293-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR NORTH END NEIGHBORHOOD TRAIL Whereas, an advertisement for bids for the North End Neighborhood Tram Project was published on July 30, 1998; and Whereas. the City Council deemed it advisable zo reject all bids received, abandon the project and re-bid the project at a latar date. NOW, THEREFORE, BE 17 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 293.98, Preliminary Approval of Plans and Specifications for the North End Neighborhood Trai: Project be rescinded and that said project be re- bid at a later date. Passed. approved and adopted this 17th day of August, 1998. Regular Session, August 17, 1998 300 Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nichoison. Motion carded 6-0. City Manager advising the City Council to affirm or reverse the Historic Preservation Commission's decision regarding appeal by Joe & Me~issa Compton of 175 Alpine St. or refer back m the Commission, presented and read. Buol moved that the communication be received and filed and affirmed the decision of the Histodc Preservation Commission. Seconded by Robbins. Motion carded 6-0. Melissa Compton, owner of 175 Alpine, Spoke to their reauest to install eteel siding and seat in the lead paint. Kev~n Eipperle of the Histodc Preservation Commission spoke g~ng specifics of the Historic Preservation Commission's denial of the request. City Manager subm~ng changes in service level of testing program for licensing of elestdcians, plumbers and mechanical competenc~, and necessary amendments to Electrical, Mechanical and Plumbing Ordinances, presented and read. Buol moved that the communication be rees/Ived and flied. Seconded ny Nichdison. Motion carded 6-0. An Ordinance Amending Sec~on 37- 2 of City Code of Ordinances (Plumbing Ordinance) by amending Tabie No. 20-B sstabiishing fees for examination, license and registration; (OFFICIAL PUBLICATION) ORDINANCE NO. 54-98 AN ORDINANCE AMENDING SECTION 37-2 OF TIlE CITY OF DUBUQUE CODE OF ORDINANCES (CHAPTER 37 PLUMBING) BY AMENDING TABLE NO. 20-B ESTABLISHING FEES FOR EXAMINATION, LICENSE AND REGISTRATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA: Section 1. Section 37-2 of the City of Dubuque Code of Ordinances's amended as follows: la) Table No. 20-B is hereby amended to read as fotlows: TABLE NO. 20-B Plumbing Examination, License and Registration Fees 1 For an initial Master Plumber's license ...................................... $100.00 2. For an initial Journeyman Plumber's license ..................................... $ 35.00 3. For registration as an Apprenflce Plumber .................................. $15.00 4. For renewal of a Master P[umber`s license ...................................... $ 50.00 5. For renewal of a Journeyman Plumber' r~canse ....................... $ 25.00 6. Master Plumber examination fee .................... as set by tssting agency 7. Journeyman Plumber examinafion fee ................ as set by testing agency 8. Examination fee for practical poCdon only ........................................... $ 30.00 Section 2. This Ordinance shall take effect after its final passage, approval and publicetJon as required by law. Passed, approved and adopted this 17th dayof August, 1998. Terrance M. Duggan, Mayor Attest MaryA: Davis, City Clerk Pub{ished officially in the Telegraph Herald newspaper this 24th day of August, 1998. MaryA: Davis CMC, C~ Clerk It 8/24 Bual moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting et which it is to be finally passed be suspended. Seconded by Nlehalson. Motion carded 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nichalson. Motion carded 6-0. An Ordinance Amending Section 24- 2 of City Code of Ordinances (HVAC) by amending Sec. 308(B) Cer~ficate of Competency and by amending Table No. 3-B establishing fees for examinsrdon, license and registraflon, presented and read. (OFFICIAL PUBLICATION] ORDINANCE NO. 55-98 AN ORDINANCE AMENDING SECTION 24-2 OF THE CITY OF DUBUQUE CODE OF ORDINANCES (CHAPTER 24 HEATING, AIR CONDITIONING AND VENTILATING) BY AMENDING SEC. 308 (B) CERTIFICATE OF COMPETENCY AND BY AMENDING TABLE NO. 3-B ESTABLISHING FEES FOR EXAMINATION, LICENSE AND REGISTRATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, August 17, 1998 Section 1. Section 24-2 of the City of Dubuque Code of Ordinances amended as follows: la) Section 308(b) is hereby amended to read as follows: Section 308 lb) Certificate issuance. Upon receipt of an application and examination fee, the mechanical code board, having determined to their satisfaction that the applicant is eligible for examination as provided herein, shall examine the applicant for competency in the fie~d or fields, or portions thereof, for which application was made. Upon the applicant's having passed such examination as the mechanical code board may prescribe to determine the competency of the applicaet, the mechanical code board shall issue the certificate of competency to the applicant limrdng the validity of the cert~cete of competency to the field or fields, class or classes, for which the applicant applied was examined, and was found to be comaetent The examination fee for a certificate of competency shall be as set forth in Table No. 3-B. Reexamination fees shall be the same as original examination fees, as shown in Table No. 3-B. The fee shall be paid before the examination, at the time of application; and there shall be no refund for any reason. The fee for an examination does not include the fee for any original cer~ficate of competency. The fee for an original certificate of competency shall be as seecified in Table No. 3-B and shall be in addition to the examination fee. lb) Table No. 3-B is hereby amended to read es follows: TABLE NO. Mechanical Exam Fees, Registration and Certificate of Competency Fees (1)ln~al cer~ficete of registration ........................................... $150.00 (2)Initial cedJ/-ica~e of competency ....................................... 35.00 (3)Renewal certificate of registration ........................ :.... 50.00 (4)Renewal certiClcate of competency ........................... 25.00 (51 Cat.mete of competency exam: (a)City sponsored .................... 50.00 (b) City sponsored taslJng agency ....................... as set by agency Section 2. This Ordinance shall take effect after its final passage, approval and publication as required by law. Passed, approved and adopted this 17th dayof August, 1998. Terranee M. Duggan~ Mayer Attest Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of August, 1998. Mary A. Davis CMC, Cb Clerk It 8/~4 Budi moved that the requirement that a proposed Ordinance be considered and voted on fo[ passage at two Council Mestings prior to the meeting at which it is to be finally passed be suspended: Seconded by Nicholson. Mofion carried 6-0. Budi moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. An Ordinance Amending Section 18-2 of the City Code of Ordinances (Electrical} by amending Section 82- 5(F), relating to monthly maintenance inspections, by amending Section 83-4, relating to examination required; application fee: reexamination upon failure of examinations; and by amending Table No. 13-B. establishing fees for examinations and fees for Certificates of Registration, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 56-98 AN ORDINANCE AMENDING SECTION 18-2 OF THE CITY OF DUBUQUE CODE OF ORDINANCES (CHAPTER 18 ELECTRICITY) BY AMENDING SECTION 82-5(F), RELATING TO MONTHLY MAINTENANCE INSPECTIONS, BY AMENDING SECTION 83-4, RELATING TO EXAMINATION REQUIRED: APPLICATION FEE; REEXAMINATION UPON FAILURE OF EXAMINATIONS; AND BY AMENDING TABLE NO. 13-B, ESTABLISHING FEES FOR EXAMINATIONS AND FEES FOR CERTIFICATES OF REGISTRATION, NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. iOWA: Section 1. Sec~en 18-2 of the City of Dubuque Code of Ordinances is amended as follews: la) Section 82-5(0 is hereby amended to read as follows: Section 82-5(f). Monthly Maintenance Inspections. In industrial plants where experienced electricians are regularly employed and who have charge of the electrical work in such plants, a monthly inspection shall be made by the building official of the installation of electric wiring, fixtures, appliances, Board of Health~ August 17, 1998 302 work and materials used in connection with the operation of work in said plant. This record shall be fi~ed with the building official each month prior to the time set for making regular inspection. Any falsity contained in the reports required to be filed with the building official shall subject the person, firm or corporation respons~le therefor to the penalties provided in this a~cle. Any industrial plant to whom the prevision herein applies shall pay to the city a fee as spee'~ed in Table 13-A of Section 82-4. Fees. lb) Section 83-4 is hereby amended to read as follows: Secltan 83-4. Examination required: appilcaiJon fee; reexamination upon failure of examinations; Any person desiring to be examined for a registration ced~cafa as an electrical contractor or a cadfr-~cate of competency for electrical maintenance or as a journeyman electrician by the electrical code board, as determined by this aracle, shall make application to the electrical code board on blanks furnished by the board, setting forth inform~Jon necessary to establish quartflcatiees as sbch and payment of an examinalJon fee as specified in Table No. I3~B. Persons fa~ing an examination and desiring to take the examination again must make application for the examination and pay the examination fee as required in the first instance. lc} Table No. 13-B. is hereby amended to read as follows: TABLE NO. 13~B Electrical Examination, License and Registrafion Fees 1. Initial fee for Class I registration $100.00 2. Ini~ei fee for Class IJ registration 75.00 3. Initial fee for C{ass III registration 35.00 4. lni~al fee for Class IV registration 15.00 5. Renewal fee for Claes I registration 50.00 6. Renewal fee for Class I1 registration 35.00 7, Renewal fee for Class III registration 25.00 8. Renewa~ fee for Class IV registration 15.00 9. Class I examination fee as set by testing agency 10. Class 11 examination fee as set by testing agency 11. Class II1 examination fee as est by testing agency Section 2. This Ordinance shall fake effect after its tinal passage, approval and publication as required by 'aw. Passed, approved and adopted this 17th day of Augu~ 1998 Terrance M. Duggan, Mayor Attest! Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of August, 1998. MaE/A. Davis CMC, City Clerk It 8~24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be tinally passed be suspended. Seconded by Nicheison. Motion carded 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nichoison. Motion carried 6-0. At 7:43 p.m. Buol moved to go into Closed Session in accordance with Ch. 21.5 1.(j) State Code of Iowa, 1997 as amended, To discuss the purchase of padJcular real estate where premature disclosure could be reasonably expected to ~ncreese the price the govemmenfal body would have to pay for that property. Seconded by Micheiski, Motion carded 6-0. At 8:19 p.m. Council reconvened Regular Session with statement that Staff had been given proper direction. There being qo further business, Buei moved to adjourn Seconded by Robbins, Mofion carded 6~0. The meeting adjourned at 8:20 p.m. Is/Ma~y A. Davis, CMC City Clerk 303 Regular Session, August 17, 1998 Council Members Att t: . Board of Health~ August 24, 1998 DUBUQUE BOARD OF HEALTH SPECIAL MEETING Special Meeting, Board of Health, Monday, August 24, 1998 Board met at 6:55 p.m., Public Ubrary Auditorium ~resent Chairpemon Duggan, Board Members Buol, Markham, Michaiski, Nicholson, Robbins, Vostberg. Chairperson Duggan read the call and stated thio is a Special Session of the Board of Health called for the purpose to act upon such business which may properly come before the Board. Board Member Michalski requesting authorization from Board of HeaEh to participate in Iowa Community HeaJth Leadership Institute presented and read. Voatberg moved that they authorized Board Member Michalski to participate. Seconded by Markham. Motion carried 7-0. There being no further business. Voetberg movedto adjourn. Seconded by Robbins. Motion carded 7-0. The meat~ng adjourned at 6:56 p.m. Is/Ma~'A. Davis CMC SecrataPL Board of Health Approved ~)~d.~- ~ ,1998 Adopted ~ -~ ,1998 /// Council Members Attest ~ 305 Special Session, August 24, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special City Council Meeting, August 24, 1998 Council Met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michelski. Nicholsor., Robbies, Vostberg, City Manager Michael Van Milligen, Corporation Counsel Bar~' A. Lindahl. Mayor Duggan read the call and stated this is a Special Meetin_c of the City Council called for the purpose [o act upon such business which may properly come before the Council. . City Manager recommending submission of a Recreafion Infrastructure grant application to the rowa DNR, presented and read. Voetberg moved adoption of the Resolution. Seconded by Michelski. Vlotion carded 7-0. RESOLUTION NO. 361-98 APPLICATION FOR RECREATION INFRASTRUCTURE FUNDS TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE RIVER'S EDGE PLAZA Whereas. the C'~ of Dubuque is interested in developing outdoor recreational facilities on the following described project far the enjoyment of the citizenry of the City of Dubuque and the State of Iowa. Project Title: River's Edge Plaza Total Estimated Cost: $503.649 Bdef Desc~ption of Project: Construction of a 5,000 square foot plaza and 'elated amenities at the riverboat landing atthe Ice Harbor. Whereas, Recreatio~ Infrastructure Grants are sought to provide financial assistance for the acnuisiton or development of said outdoor recreational facilities. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Sec'don 1. That the project described above be authorized Section 2. Thatthe C~of Dubuque makes application to the Iowa Depar[ment of Natural Resources to seek Recreation Infrastructure Grant assistance from the Department of Natural Resoumes in the amount of 20% of the actual cost of the project in behelf of said City of Dubuque, Section 3. ThattheCityofDubudue cedJfies to the followzng: 1. That it is in complate accord with the attached proposal and that it will carry out the acquisiton and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 2. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. 3. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. Passed, approved and adopted this 24th day of August, 1998. Terrance M. Duggan, Mayor At[est: MaryA~ Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Michaleld. Motion carried 7-0. City Manager recommending submission of a Recreation ~frastructure grant application to the Iowa DNR, presented and read. Voetberg moved that the communication be received and flied. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 362-98 APPLICATION FOR RECREATION INFRASTRUCTURE FUNDS TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE STAR BREWERY AMPHITHEATER Whereas, the Cb of Dubuque Is interested in developing outdoor recreational facilities on the following described project for the enjoyment of the citzenry of the City. of Dubuoue and the State of Iowa. Project T-itc: Star Brewery Amphitheater Tote/Estimated Cost: $363,769 Brief Description of Project: Construction of a public amphitheater Special Session, August 24, 1998 306 with eaafing for 1,000 people and a 7,500 square foot plaza for outdoor recreation at the historic Star Brewery Whereas, Recreation Infrastructure Grants are sought to provide financial assistance for the acquis~on or deveJopment of said outdoor recreational facil~ss. NOW THEREFORE, BE IT RESOLVED BY THE CFi'Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project dsscnbed above be authorized. Section 2. Thatthe City of Dubuque makes application to the Iowa Department of Natural Resources to seek Recreation Infrastructure Grant assistance from the Deparb'nent of Natural Resources in the amount of 27% of the actual cost of the project in behaff of said City of Dubuque. Sesfior~ 3. That the City of Dubuque cedifies to the following: 1. That it is in comp[eta accord with the attached prepoeal and that it will carry out the acquis'~on end/or development in the manner described in the proposal and any plans and specifications attached thereto unless pnor approval for any change has been received from the Iowa DepaKment of Natural Resources. 2. That it has the abir~ and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. 3. That it wi~ maintain adequate financial records on the proposed project to substantiate c{aims for cost-sharing. Passed, approved and adopted this 24th day of August, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City CJerk Voetberg moved adoption of the ResoI~en. Seconded by Michalski. Motion carried 7-0. Buol moved that the rules be suspended to ~ow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried Proof of publication certified to by the Publisher on Notice of Receipt of proposals for purchase of Lot 3, Block 1 of Dubuque Technology Park, in the City of Dubuque: City Clerk advising no competing proposals have been submitted; and City Manager recommending [o proceed with sale of properbj to McLecdUSA Network Services, Inc., presented and read. Michalski moved that the proof and communications be received an~; filed. Seconded by NichoIson. ~4otien carded 7-0. RESOLUTION NO. 363-98 A RESOLUTION DETERMINING THAT THE PROPOSAL OF MCLEODUSA NETWORK SERVICES, INC. IS IN COMPLIANCE WITH THE TERMS OF OFFERING FOR DISPOSITION OF LOT 3, BLOCK 1, DUBUQUE TECHNOLOGY PARK Whereas, this Council, by Resolution No. 314-98 dated Ju~y 20, 1998, nominated the City Clerk as agent of the City of Dubuque, Iowa, to race~ve and open on August 24, 1998, at 10:00 a.m. proposals in compe~on to the proposal of McLeodUSA Network Services, inc., referred to In said reeatuton for the sale of Lot 3, Block 1 of Dubuque Technology Park for development only in accordance with the terms and cond~ons set forth in said resolution; and Whereas. the City Clerk has reported to this Ceunci that no quarried, competing proposal was submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe report ofthe City Clerk that no qua[ified competing proposal was submitted by 10:00 a.m. on August 24, 1998, for the development of Lot 3, Block 1 of Dubuque Technology Park be received, filed and adopted. Section 2. That it is hereby determined that the proposal of McLeodUSA Network Sauces, Inc., for development of said property is the oaly propoea] which satisfies the terms and conditions of the offedng set forth in Resolutiea No. 314-98 adopted by this Council on July 20, 1998. Passed. approved and adopted this 24th day of August, 1998 Torrance M. Duggen, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the ~esalution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 364-98 RESOLUTION ACCEPTING THE PROPOSAL FOR SALE AND PRIVATE DEVELOPMENT OF LOT 3 OF BLOCK 1, DUBUQUE 307 Special Session, August 24, 1998 TECHNOLOGY PARK, IN THE CITY OF DUBUQUE, IOWA, APPROVING AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO IMPLEMENT SAID AGREEMENT Whereas. this Council, by Resolution No. 314-98 da~ed July 20, 1998: 1. Adooted terms and conditions for offering for seie Lot 3 of Block 1, Dubuque Technology Park, in the City of Dubuque, Iowa, for sale and private development; 2. Determined that the proposal submitted by McLeodUSA Network Services. Inc., satisfies the requirements of said offedng; 3. Declared its intent [o accept the McLeodUSA Network Services, Inc. proposal anc to enter into a Deveiooment Agreement by and between the City of Dubuque anc McLeodUSA Network Se~ces, Inc., in the event no other qua[ifad proposals were timely submitted for developmenl ef said property;, and 4. Invited competing proposals which met the terms and conditions of said offering to be submitted to the City Clerk on or before 10:00 a.m., August 24, 1998; and; Whereas, on July 23, 1998, the of said Resolution was published as the official notice of this offering and of .the intent of the City of Dubuque, Iowa, m the event no other qualifed proposals were timely submitted, to enter into a Development Agreement by and between the City of Dubuque anc McLeodUSA Network Services= Inc.; and Whereas, by separate Resolution of this date, this Council has received and approved as its own the re~o~ of the Cb Clerk that no other qua[ifad proposal was received; and Whereas, it is the determination of this Council that acceptance of the proposal and sale to and development of the disposifo~ parcel by McLeodUSA ',letwcrk Services, Inc., according to the terms and conditions set out in the attached is in the public interest of the citizens of the City, and is consisten~ with the City's Urban F~enewal Plan for the Dubuque ndustdal Center South Economic Development District. NOW, THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW~ . Section 1 .Thai [he attached Development Agreement by and between the City of Dubuque and McLeodUSA Network Services, Inc. is in the public interest of the citizens of the rrb/of Dubuque and in furtherance of the City's Urban RenewaJ Project, and is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 24th day of August, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaiski moved adoption of the Resolution. Seconded by Niche[son. Motion carried 7-0. There being no further business. Voetberg moved to adjourn. Seconded by Michaisk~. Motion carried 7-0. The meeting adjourned at 7:04 p.m. Is/Mary A. Davis CMC /~ ~.~_~Clerk pted~ 1 98 ~ Ceuncil Mem ~ ~ Atte~