1996 February Council ProceedingsRegular Session, February 5, 1996
Yeas—Mayor Duggan, Council Members
DUBUQUE
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
CITY COUNCIL
Corporation Counsel advising following
claims have been referred to Crawford &
Company, the agent for the Iowa Communities
OFFICIAL
Assurance Pool: Car damage of L. Peter Alt,
PROCEEDINGS
M.D. and Personal injury of Joleen Leib,
presented and read. Council Member
Nicholson moved that the communications be
City Council, Regular Session, February 5,
received and filed. Seconded by Council
1996
Member Voetberg. Carried by the following
Council Met at 7:00 p.m, Public Library
vote: Yeas—Mayor Duggan, Council
Auditorium
Members Buol, Krieg, Michalski, Nicholson,
Present: Mayor Duggan, Council Members
Robbins, Voetberg. Nays—None.
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Corporation Counsel recommending
Corporation Counsel Barry A. Lindahl.
settlement of personal property claim in the
amount of $102.00 for Brad & Nancy Dirschel,
Mayor Duggan read the call and stated this
presented and read. Council Member
is the Regular Session of the City Council
Nicholson moved that the settlement be
called for the purpose to act upon such
approved and Finance Director to issue proper
business which may properly come before the
check. Seconded by Council Member
Council.
Voetberg. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Invocation was given by Father Norm
Buol, Krieg, Michalski, Nicholson, Robbins,
White.
Voetberg. Nays—None.
MINUTES SUBMITTED—Airport
Corporation Counsel recommending denial
Commission of 11-14, 11-30 & 12-12; Cable
of car damage claim of Mary K. Miller,
Community Teleprogramming Commission ofpresented and read. Council Member
1-9; Cable TV Regulatory Commission of 1-Nicholson moved that the denial be approved.
10; Environmental Stewardship AdvisorySeconded by Council Member Voetberg.
Commission of 1-9; 5 Flags Commission ofCarried by the following vote: Yeas—Mayor
12-18; Historic Preservation Commission of 1-Duggan, Council Members Buol, Krieg,
12; Housing Commission of 1-9; HumanMichalski, Nicholson, Robbins, Voetberg.
Rights Commission of 12-11; Library Board of
Nays—None.
Trustees off 12-28; Dubuque Auxiliary Police
submitting their annual report for 1995; Sub-
REFUNDS REQUESTED—The Caterers,
stance Abuse Service Center submitting their
Inc., $422.50 on unexpired Liquor License;
2nd quarter report; City Manager submitting
Floridino's $168.75 on unexpired Liquor
quarterly investment reports; Proof of
License, presented and read. Council Member
Publication certified to by the Publisher of
Nicholson moved that the refunds be approved
Council Proceedings for meeting of January 2,
and the Finance Director to issue proper
1996, presented and read. Council Member
checks. Seconded by Council Member
Nicholson moved that the minutes, proofs and
Voetberg. Carried by the following vote:
reports be received and filed. Seconded by
Yeas—Mayor Duggan, Council Members
Council Member Voetberg. Carried by the
Buol, Krieg, Michalski, Nicholson, Robbins,
following vote: Yeas—Mayor Duggan, Council
Voetberg. Nays—None.
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
YM-YWCA Board of Trustees by Doug
Brotherton President, requesting to rename
NOTICES OF SUITS/CLAIMS—Trish
new Dodge Street frontage road that will
Andrews on behalf of her daughter Cassandra
terminate at Booth Street be known as "Y-
M. Andrews, in amount of $158.60 for
Way", presented and read. Council Member
personal injuries; Dale Chatfield in amount of
Nicholson moved that this be referred to the
$422.46 for property damages; Attorney
City Manager and Staff. Seconded by Council
Joseph Bitter on behalf of client Jason
Member Voetberg. Carried by the following
Michael Dobson in total amount of
vote: Yeas—Mayor Duggan, Council
$100,000.00 for false statements; Ronald N.
Members Buol, Krieg, Michalski, Nicholson,
& Janet M. Miller in unknown amount for
Robbins, Voetberg. Nays—None.
backed up sewer damages; Attorney James
Roth on behalf of client Irene Voss, in
City Manager submitting corrected
undetermined amount for personal injuries,resolution regarding "Filing of the final plat and
presented and read. Council MemberSchedule of Assessments for 1995 Sidewalk
Nicholson moved that the suits and claims beRepairs within the City," presented and read.
referred to the Legal Staff for investigation andCouncil Member Nicholson moved that the
report. Seconded by Council Membercommunication be received and filed.
Voetberg. Carried by the following vote:Seconded by Council Member Voetberg.
Regular Session, February 5, 1996
Carried by the following vote: Yeas—MayorTreasurer, at any time within 30 days after the
Duggan, Council Members Buol, Krieg,date of the first publication of this notice of the
Michalski, Nicholson, Robbins, Voetberg.filing of the final plat and schedule of
Nays—None.assessments with the County Treasurer.
Unless said assessments are paid in full
RESOLUTION NO. 27-96within said thirty day period all unpaid
RESOLUTION RESCINDINGassessments will draw annual interest
RESOLUTION NO. 19-96 ANDcomputed at 9 percent (commencing on the
PROVIDING FOR A NEW RESOLUTIONdate of acceptance of the work) computed to
THEREOF ADOPTING THE FINALthe December 1st next following the due dates
ASSESSMENT SCHEDULE FOR 1995of the respective installments. Each
SIDEWALK REPAIRS INCLUDINGinstallment will be delinquent on September
CERTAIN INFORMATION REQUIRED30th following its due date on July 1st in each
BY THE CODE OF IOWA,year. Property owners may elect to pay any
SPECIFICALLY, THE NUMBER OFannual installment semiannually in advance.
ANNUAL INSTALLMENTS INTO WHICHThat the City Clerk be and is hereby
ASSESSMENTS ARE DIVIDED, THEdirected to certify said schedule to the County
INTEREST ON ALL UNPAIDTreasurer of Dubuque County, Iowa, and to
INSTALLMENTS, THE TIME WHEN THEpublish notice of said certification once each
ASSESSMENTS ARE PAYABLE ANDweek for two consecutive weeks in the manner
DIRECTING THE CLERK TO CERTIFYprovided in Section 362.3, the first publication
THE FINAL SCHEDULE AND TOof which shall be not more than fifteen days
PUBLISH NOTICE THEREOF.from the date of filing of the final schedule.
Whereas, the City Council on January 15,The City Clerk shall also send by certified mail
1996, adopted Resolution No. 19-96 adoptingto property owners whose property is subject
the final assessment schedule for the 1995to assessment a copy of said notice, and
Sidewalk Repairs, including certainmailing to be on or before the date of the
information regarding the number of annualsecond publication of the notice, all as
installments and the interest on all unpaidprovided and directed by Section 384.60 of the
installments of said assessments; andCode of Iowa.
Whereas, that said Resolution No. 19-96Passed, approved and adopted this 5th day
incorrectly provided for a 12% interest rate onof February, 1996.
unpaid assessments; andTerrance M. Duggan, Mayor
Whereas, the interest rate on unpaidAttest: Mary A. Davis, City Clerk
assessments should be 9 percent.PROPERTY OWNERS, ADDRESS AND
NOW THEREFORE, BE IT RESOLVEDASSESSMENTS
BY THE CITY COUNCIL OF THE CITY OFPROPERTY OWNERS
DUBUQUE, IOWA:LEGAL LOCATION
That after full consideration of the finalASSESSMENT
schedule of assessments and accompanyingIndian Mission of Christ the King
plat showing the assessments proposed to beCL 128280 Bluff
made for the 1995 Sidewalk Repairs which$433.15
final plat and schedule were filed in the officePaul S. & Kathryn A. Brashaw
of the City Clerk on the 10th day of January,CL 53499 Main$1,823.50
1996, that said schedule of assessments beRichard B. Van Gordon
and the same is hereby approved andC.L. W 74' 84198 Locust$2,224.90
adopted.Steven J. & Martha Smith
That there be, and is hereby assessed andN 79' L2, L3, S 2/3-1 E 130' N1/3-1 E 130' S
levied as a special tax against and upon each21'-2, W 70' - N1/3 -1 & W 70' S 21'-2
of the lots, the respective sums indicated.All in LH Langworthy Add & N1/2 L1 CL 438,
Provided, further, that the amounts shown in439 & PT 6762013 Central$9,445.38
said final schedule of assessments asMarcia G. Lawson
deficiencies are found to be proper and leviedNM 23' & S23' N 52 ½ CL 621
conditionally against the respective properties 653 Bluff$561.49
benefitted by the improvements as shown inJerome L. & Mary G. Bussan
the schedule, subject to the provisions ofCL N 34' S 66'8" S2/5 L446
Section 384.63, Code of Iowa. Said1111-1114 Central$2,925.08
assessments against said lots are herebyJames E. Gross & John N. Gronen, Jr.
declared to be in proportion to the specialCL 295 Original Town
benefits conferred and not in excess of572 & 576 Central$1,700.50
twenty-five percent of the value of same.Henkel & Co. Inc. c/o Richard Henkel
Assessments of $100.00 or more areCL S1/5 of L4361810 Central$1,208.53
payable in 5 equal annual installments, withSteven R. & Janis Kay Leslein
interest on the unpaid balance, all as providedL4A & S1/3 of L5 LH Langworthy’s Add. 2097
in Section 384.65, City Code of Iowa.Central$1,444.51
Conditional deficiency assessments, if any,Jesse L. Bebee
may be levied against the applicable propertyL1-1 F. Fosselmans Sub
for the same period of years as the2420 Central$1,245.97
assessments are made payable.
Assessments may be paid in full or in part
without interest at the office of the CountyLouise E. RiedelCL N ½ L3A
Regular Session, February 5, 1996
180 Main$395.71Section 2. That the dedications of
Edwin Francis & Carol Jean Mary RolingJaeger Drive and Bianca Drive, together with
L1 Richardson Pl.2300 Central$225.00the easements for public utilities, sanitary
Steven J. Smithsewer, storm sewer and water mains as they
L1-172 & W8' of E 75' L2 of 172appear upon said final plat, be and the same
LH Langworthy Add.are hereby accepted; and
2418 Central$465.23Section 3. That the plat of Block 4, Lots 1
Council Member Nicholson moved adoption ofthrough 5; Block 5, Lots 1 through 3; and
the Resolution. Seconded by Council MemberBlock 6, Lots 1 through 4; being a subdivision
Voetberg. Carried by the following vote:of Jaeger Heights Subdivision No.2, is hereby
Yeas—Mayor Duggan, Council Membersreaffirmed and the Mayor and City Clerk are
Buol, Krieg, Michalski, Nicholson, Robbins,hereby authorized and directed to endorse the
Voetberg. Nays—None.reaffirmation of the City of Dubuque, Iowa,
upon said final plat, provided the owners of
Thomas Oster on behalf of Al Gudenkaufsaid property herein named, execute their
requesting 180 day extension to providewritten acceptance hereto attached agreeing:
necessary security for Jaeger Heights No. 2a. To reduce Jaeger Drive and Bianca
and the City Manager recommending approvalDrive to grade and to construct concrete curb
of request, presented and read. Counciland gutter and to hard surface with asphaltic
Member Nicholson moved that theconcrete, or with concrete paving with integral
communications be received and filed.curb, all in accordance with the City of
Seconded by Council Member Voetberg.Dubuque standard specifications, all in a
Carried by the following vote: Yeas—Mayormanner acceptable to the City Engineer, and
Duggan, Council Members Buol, Krieg,in conformance with construction improvement
Michalski, Nicholson, Robbins, Voetberg.plans approved by the City Engineer, and
Nays—None.inspected by the City Engineer.
b. To install sanitary sewer mains and
RESOLUTION NO. 28-96sewer service laterals into each individual lot,
A RESOLUTION RESCINDINGwater mains and water service laterals into
RESOLUTION NO. 273-95 ANDeach individual lot, storm sewers and catch
REAFFIRMING THE FINAL PLAT OFbasins, boulevard street lighting and erosion
BLOCK 4, LOTS 1 THROUGH 5; BLOCK 5,control devices all in accordance with the City
LOTS 1 THROUGH 3; AND BLOCK 6,of Dubuque standard specifications, all in a
LOTS 1 THROUGH 4, BEING Amanner acceptable to the City Engineer, and
SUBDIVISION OF JAEGER HEIGHTSin accordance with construction improvement
SUBDIVISION NO. 2 IN THE CITY OFplans approved by the City Engineer, and
DUBUQUE, IOWA.inspected by the City Engineer.
Whereas, there has been filed with the Cityc. To construct said improvements, prior to
Clerk a final plat Block 4, Lots 1 through 5;two (2) year(s) from the date of acceptance of
Block 5, Lots 1 through 3; and Block 6, Lots 1this resolution, at the sole expense of the
through 4, being a subdivision of Jaegerowners, or future owners;
Heights Subdivision No. 2 in the City ofd. To maintain the public improvements, for
Dubuque, Iowa; anda period of two (2) years from the date of the
Whereas, upon said final plat appearacceptance of those improvements by the City
street(s) to be known as Jaeger Drive andof Dubuque, Iowa, at the sole expense of the
Bianca Drive, together with certain public utilityowners, or future owners;
and sanitary sewer and storm sewerAnd further provided that said Al
easements which the owners by said final platGudenkauf, as owner of said property, shall
have dedicated to the public forever; andsecure the performance of the foregoing
Whereas, the preliminary plat has beenconditions provided in this Section by
examined by the Zoning Commission and hadproviding guarantees in such form and with
its approval endorsed thereon; andsuch sureties as may be acceptable to the City
Whereas, said final plat has been reviewedManager of the City of Dubuque, Iowa.
by the City Planner and had her approvalSection 4. Sidewalk installation shall be the
endorsed thereon, subject to the ownersresponsibility of the owner of the property
agreeing to the conditions noted in Section 2abutting the public right-of-way, as required by
below; andCity Code 41-161 through 41-164. The
Whereas, said final plat has beenresponsibility shall extend to all successors,
examined by the City Council and they findheirs and assignees. Sidewalk installation will
that it conforms to the statutes and ordinancesnot be required until the development of the lot
relating to it, except that no streets or publichas been completed, except as required
utilities have yet been constructed or installed;herein. In sparsely developed subdivisions,
andsidewalks on developed lots will not be
Whereas, the City Council concurs in therequired until 50% of the lots approved by the
conditions of approval established by theplat have been developed. All vacant lots shall
Zoning Commission and the City Planner.have sidewalks installed upon development of
NOW, THEREFORE, BE IT RESOLVED80% of the lots approved by the plat.
BY THE CITY COUNCIL OF THE CITY OFSection 5. That final acceptance of all
DUBUQUE, IOWA:public improvements shall occur upon
Section 1.That Resolution 273-95 is herebycertification of the City Engineer that public
rescinded.improvements have been completed in
Regular Session, February 5, 1996
accordance with the improvement plans andWhereas, the City has such trained
City standard specifications.personnel and equipment and is willing to
Section 6. That in the event Al Gudenkaufassist the County in cases of hazardous
shall fail to execute the acceptance andsubstance accidents creating hazardous
furnish the guarantees provided in Section 2conditions affecting the environment.
hereof within one-hundred eighty (180) daysNOW THEREFORE BE IT RESOLVED
after the date of this Resolution, the provisionsBY THE CITY COUNCIL OF THE CITY OF
hereof shall be null and void and theDUBUQUE, IOWA:
acceptance of the dedication and approval theSection 1. That the Agreement attached
plat shall not be effective.hereto and made a part hereof by and between
Passed, approved and adopted this 5th dayDubuque County, Iowa, and the City of
of February, 1996.Dubuque, Iowa, where the parties have
Terrance M. Duggan, Mayorentered into an Agreement under Chapter 28E
ATTEST: Mary A. Davis, City Clerkof the Code of Iowa, is hereby approved.
ACCEPTANCE OFSection 2. That the Mayor is hereby
RESOLUTION NO. 28-96authorized and directed to sign said
I, the undersigned, Al Gudenkauf , havingAgreement for and on behalf of the City of
read the terms and conditions of theDubuque, Iowa.
Resolution No. 28-96 and being familiar withSection 3. That the City Clerk is hereby
the conditions thereof, hereby accept thisauthorized and directed to transmit a certified
same and agree to the conditions requiredcopy of this Resolution to the Chairperson of
therein.the Board of Supervisors of Dubuque, Iowa.
Dated in Dubuque, Iowa this day ofPassed, approved and adopted this 5th day
, 1996.of February, 1996.
NOTE: THE ACCEPTANCE OF THISTerrance M. Duggan, Mayor
RESOLUTION WAS NEVER SIGNED.Attest: Mary A. Davis, City Clerk
BY: Council Member Nicholson moved adoption
Al Gudenkaufof the Resolution. Seconded by Council
Council Member Nicholson moved adoptionMember Voetberg. Carried by the following
of the Resolution. Seconded by Councilvote: Yeas—Mayor Duggan, Council
Member Voetberg. Carried by the followingMembers Buol, Krieg, Michalski, Nicholson,
vote: Yeas—Mayor Duggan, CouncilRobbins, Voetberg. Nays—None.
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.City Manager advising TCI Cablevision of
Dubuque has provided 6 month notice of
City Manager recommending approval ofintent to terminate Basic Cable Service Rate
28E Agreement with Dubuque CountyRegulation Agreement between City and TCI,
regarding a Hazardous Condition in thepresented and read. Council Member
County, presented and read. Council MemberNicholson moved that the communication be
Nicholson moved that the communication bereceived and filed. Seconded by Council
received and filed. Seconded by CouncilMember Voetberg. Carried by the following
Member Voetberg. Carried by the followingvote: Yeas—Mayor Duggan, Council
vote: Yeas—Mayor Duggan, CouncilMembers Buol, Krieg, Michalski, Nicholson,
Members Buol, Krieg, Michalski, Nicholson,Robbins, Voetberg. Nays—None.
Robbins, Voetberg. Nays—None.
City Manager requesting clarification of
RESOLUTION NO. 29 - 96language for ordinance regarding rezoning of
A RESOLUTION APPROVING ANproperty at Northwest Arterial & Asbury Road,
AGREEMENT BETWEEN THE CITY OFpresented and read. Council Member
DUBUQUE, IOWA AND DUBUQUENicholson moved that this be tabled to the
COUNTY, IOWA, FOR THE PROVISION OFCouncil Meeting of 2-19-96. Seconded by
ASSISTANCE BY THE CITY FORCouncil Member Robbins. Carried by the
SUPPLYING PERSONNEL ANDfollowing vote: Yeas—Mayor Duggan, Council
EQUIPMENT TO THE COUNTY IN CASEMembers Buol, Krieg, Michalski, Nicholson,
OF A HAZARDOUS SUBSTANCERobbins, Voetberg. Nays—None.
EMERGENCY CREATING A HAZARDOUS
CONDITION.Walter Pregler submitting his comments
Whereas, the parties recognize that due toregarding negotiations between City and
modern technology there is an increase ofDubuque County over purchase of County
instances of hazardous substance accidentsPoor Farm, presented and read. Council
creating hazardous conditions endangeringMember Nicholson moved that the
the well being of the general public; andcommunication be received and filed.
Whereas, the preservation of life andSeconded by Council Member Voetberg.
property of the citizens depends upon theCarried by the following vote: Yeas—Mayor
availability of properly trained personnel andDuggan, Council Members Buol, Krieg,
adequate equipment; andMichalski, Nicholson, Robbins, Voetberg.
Whereas, the provision of specially trainedNays—None.
personnel and adequate equipment necessary
to prevent pollution of the environment andJohn Nelson inquiring as to status of
injury to person and property is costly; andRoosevelt Road Water Main Extension from
Peru Road to Orchard Drive, presented and
Regular Session, February 5, 1996
read. Council Member Nicholson moved thatCouncil Member Nicholson moved adoption
this be referred to the City Manager.of the Resolution. Seconded by Council
Seconded by Council Member Voetberg.Member Voetberg. Carried by the following
Carried by the following vote: Yeas—Mayorvote: Yeas—Mayor Duggan, Council
Duggan, Council Members Buol, Krieg,Members Buol, Krieg, Michalski, Nicholson,
Michalski, Nicholson, Robbins, Voetberg.Robbins, Voetberg. Nays—None.
Nays—None.
City Manager regarding a waiver related to
City Manager submitting inventory ofconflict for Housing Commission James Holz,
current City leases, presented and read.presented and read. Council Member
Council Member Nicholson moved that theNicholson moved that the communication be
communication be received and filed.received and filed and waiver approved.
Seconded by Council Member Voetberg.Seconded by Council Member Voetberg.
Carried by the following vote: Yeas—MayorCarried by the following vote: Yeas—Mayor
Duggan, Council Members Buol, Krieg,Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.Michalski, Nicholson, Robbins, Voetberg.
Nays—None.Nays—None.
City Manager recommending purchase ofAirport Commission requesting a work
right-of-way for intersection improvements atsession to discuss their Master Plan,
Cedar Cross, Fremont and North Cascadepresented and read. Council Member
Road, presented and read. Council MemberNicholson moved that this be referred to the
Nicholson moved that the communication beCity Manager. Seconded by Council Member
received and filed. Seconded by CouncilVoetberg. Carried by the following vote:
Member Voetberg. Carried by the followingYeas—Mayor Duggan, Council Members
vote: Yeas—Mayor Duggan, CouncilBuol, Krieg, Michalski, Nicholson, Robbins,
Members Buol, Krieg, Michalski, Nicholson,Voetberg. Nays—None.
Robbins, Voetberg. Nays—None.
City Manager recommending acceptance of
RESOLUTION NO. 30-96U.S. #20 - Dodge Street Sanitary Sewer
RESOLUTION APPROVING THE PLAT OFRelocation - McClain Street, & Lois/Reeder
CEDAR CROSS ROAD AND FREMONTStreet, presented and read. Council Member
AVENUE RIGHT-OF-WAYNicholson moved that the communication be
Whereas, there has been presented to thereceived and filed. Seconded by Council
City Council of the City of Dubuque, Iowa, aMember Voetberg. Carried by the following
plat dated December 4, 1995, prepared byvote: Yeas—Mayor Duggan, Council
Buesing and Associates describing theMembers Buol, Krieg, Michalski, Nicholson,
proposed dedication of Lot 1 of 2 of J. GeorgeRobbins, Voetberg. Nays—None.
Place in the City of Dubuque for public right-
of-way; and RESOLUTION NO. 31-96
Whereas, upon said plat appears right-of-ACCEPTING IMPROVEMENT
way for Cedar Cross Road and FremontWhereas, the contract for the U.S. 20 -
Avenue which the owner by said plat hasDodge Street Sanitary Relocation McClain
dedicated to the public forever; andStreet, Hill Street, and Lois/Reeder has been
Whereas, said plats conforms to the lawscompleted and the City Manager has
and statutes pertaining thereto.examined the work and filed his certificate
NOW, THEREFORE, BE IT RESOLVEDstating that the same has been completed
BY THE CITY COUNCIL OF THE CITY OFaccording to the terms of the contract, plans
DUBUQUE, IOWA:and specifications and recommends it
Section 1. That the plat dated 12/4/95acceptance.
prepared by Buesing and Associates, relativeNOW THEREFORE, BE IT RESOLVED
to the real estate hereinabove described beBY THE CITY COUNCIL OF THE CITY OF
and the same is hereby approved.DUBUQUE, IOWA:
Section 2. That the dedication of Lot 1 of 2Section 1. That the recommendation of the
of J. George Place in the City of Dubuque forCity Manager be approved and that said
public right-of-way for Cedar Cross Road andimprovement be and the same is hereby
Fremont Avenue as appears on said plat, beaccepted.
and the same are hereby approved, and theBE IT FURTHER RESOLVED that the City
Mayor and City Clerk be and they are herebyTreasurer be and he is hereby directed to pay
authorized and directed to execute said plat forto the contractor from the Sanitary Sewer
and on behalf of the City of Dubuque, Iowa.Construction Fund in amount equal to the
Section 3. That the City Clerk be and isamount of his contract, less any retained
hereby authorized and directed to file saidpercentage provided for therein.
plats and certified copy of this resolution in thePassed, approved and adopted this 5th day
office of the Recorder, in and for Dubuqueof February, 1996.
County, Iowa.Terrance M. Duggan, Mayor
Passed, approved and adopted this 5th dayAttest: Mary A. Davis, City Clerk
of February, 1996.Council Member Nicholson moved
Terrance M. Duggan, Mayoradoption of the Resolution. Seconded by
Attest: Mary A. Davis, City ClerkCouncil Member Voetberg. Carried by the
following vote: Yeas—Mayor Duggan, Council
Regular Session, February 5, 1996
Members Buol, Krieg, Michalski, Nicholson,vote: Yeas—Mayor Duggan, Council
Robbins, Voetberg. Nays—None.Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
RESOLUTION NO. 32-96
FINAL ESTIMATERESOLUTION NO. 34-96
Whereas, the contract for the U.S. 20 -FINAL ESTIMATE
Dodge Street Sanitary Relocation McClainWhereas, the contract for the Kerper
Street, Hill Street, and Lois/Reeder has beenBoulevard Sanitary Sewer Reconstruction has
completed and the City Engineer hasbeen completed and the City Engineer has
submitted his final estimate showing the costsubmitted his final estimate showing the cost
thereof including the cost of estimates, noticesthereof including the cost of estimates, notices
and inspection and all miscellaneous costs;and inspection and all miscellaneous costs;
NOW THEREFORE, BE IT RESOLVEDNOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFBY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:DUBUQUE, IOWA:
Section 1. That the cost of saidSection 1. That the cost of said
improvement is hereby determined to beimprovement is hereby determined to be
$32,419.89 and the said amount shall be paid$86,252.92 and the said amount shall be paid
from Sanitary Sewer Construction Fund of thefrom Sanitary Sewer Construction Fund of the
City of Dubuque, Iowa.City of Dubuque, Iowa.
Passed, approved and adopted this 5th dayPassed, approved and adopted this 5th day
of February, 1996.of February, 1996.
Terrance M. Duggan, MayorTerrance M. Duggan, Mayor
Attest: Mary A. Davis, City ClerkAttest: Mary A. Davis, City Clerk
Council Member Nicholson moved adoptionCouncil Member Nicholson moved adoption
of the Resolution. Seconded by Councilof the Resolution. Seconded by Council
Member Voetberg. Carried by the followingMember Voetberg. Carried by the following
vote: Yeas—Mayor Duggan, Councilvote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.Robbins, Voetberg. Nays—None.
City Manager recommending acceptance ofCity Manager recommending acceptance of
Kerper Boulevard Sanitary SewerCedar Cross Sanitary Sewer Extension
Reconstruction project, presented and read.project, presented and read. Council Member
Council Member Nicholson moved that theNicholson moved that the communication be
communication be received and filed.received and filed. Seconded by Council
Seconded by Council Member Voetberg.Member Voetberg. Carried by the following
Carried by the following vote: Yeas—Mayorvote: Yeas—Mayor Duggan, Council
Duggan, Council Members Buol, Krieg,Members Buol, Krieg, Michalski, Nicholson,
Michalski, Nicholson, Robbins, Voetberg.Robbins, Voetberg. Nays—None.
Nays—None.
RESOLUTION NO. 35-96
RESOLUTION NO. 33-96ACCEPTING IMPROVEMENT
ACCEPTING IMPROVEMENTWhereas, the contract for the Cedar Cross
Whereas, the contract for the KerperSanitary Sewer Extension has been completed
Boulevard Sanitary Sewer has been completedand the City Manager has examined the work
and the City Manager has examined the workand filed his certificate stating that the same
and filed his certificate stating that the samehas been completed according to the terms of
has been completed according to the terms ofthe contract, plans and specifications and
the contract, plans and specifications andrecommends it acceptance.
recommends it acceptance.NOW THEREFORE, BE IT RESOLVED
NOW THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF
BY THE CITY COUNCIL OF THE CITY OFDUBUQUE, IOWA:
DUBUQUE, IOWA:Section 1. That the recommendation of the
Section 1. That the recommendation of theCity Manager be approved and that said
City Manager be approved and that saidimprovement be and the same is hereby
improvement be and the same is herebyaccepted.
accepted.BE IT FURTHER RESOLVED that the City
BE IT FURTHER RESOLVED that the CityTreasurer be and he is hereby directed to pay
Treasurer be and he is hereby directed to payto the contractor from the Sanitary Sewer
to the contractor from the Sanitary SewerConstruction Fund in amount equal to the
Construction Fund in amount equal to theamount of his contract, less any retained
amount of his contract, less any retainedpercentage provided for therein.
percentage provided for therein.Passed, approved and adopted this 5th day
Passed, approved and adopted this 5th dayof February, 1996.
of February, 1996.Terrance M. Duggan, Mayor
Terrance M. Duggan, MayorAttest: Mary A. Davis, City Clerk
Attest: Mary A. Davis, City ClerkCouncil Member Nicholson moved adoption
Council Member Nicholson moved adoptionof the Resolution. Seconded by Council
of the Resolution. Seconded by CouncilMember Voetberg. Carried by the following
Member Voetberg. Carried by the followingvote: Yeas—Mayor Duggan, Council
Regular Session, February 5, 1996
Members Buol, Krieg, Michalski, Nicholson,Hill St. Plaza Inc.
Robbins, Voetberg. Nays—None.Oky Doky Food #8 +(Sunday Sales)
535 Hill St.
RESOLUTION NO. 36-96Lee W. PotterWest Locust Mart+(Sunday
FINAL ESTIMATESales)408 W. Locust
Whereas, the contract for the Cedar CrossPassed, approved and adopted this 5th day
Sanitary Sewer Extension has been completedof February, 1996
and the City Engineer has submitted his finalTerrance M. Duggan, Mayor
estimate showing the cost thereof includingAttest: Mary A Davis, City Clerk
the cost of estimates, notices and inspectionCouncil Member Nicholson moved adoption
and all miscellaneous costs;of the Resolution. Seconded by Council
NOW THEREFORE, BE IT RESOLVEDMember Voetberg. Carried by the following
BY THE CITY COUNCIL OF THE CITY OFvote: Yeas—Mayor Duggan, Council
DUBUQUE, IOWA:Members Buol, Krieg, Michalski, Nicholson,
Section 1. That the cost of saidRobbins, Voetberg. Nays—None.
improvement is hereby determined to be
$49,744.71 and the said amount shall be paidRESOLUTION NO. 39-96
from the Sanitary Sewer Construction Fund ofWhereas, applications for Liquor Licenses
the City of Dubuque, Iowa.have been submitted to this Council for
Passed, approved and adopted this 5th dayapproval and the same have been examined
of February, 1996.and approved; and
Terrance M. Duggan, MayorWhereas, the premises to be occupied by
Attest: Mary A. Davis, City Clerksuch applicants were inspected and found to
Council Member Nicholson moved adoptioncomply with the State Laws and all City
of the Resolution. Seconded by CouncilOrdinances relevant thereto and they have
Member Voetberg. Carried by the followingfiled proper bonds.
vote: Yeas—Mayor Duggan, CouncilNOW, THEREFORE, BE IT RESOLVED
Members Buol, Krieg, Michalski, Nicholson,BY THE CITY COUNCIL OF THE CITY OF
Robbins, Voetberg. Nays—None.DUBUQUE, IOWA:
That the Manager be authorized to cause to
RESOLUTION NO. 37-96be issued the following named applicants
NOW, THEREFORE, BE IT RESOLVEDa Liquor License.
BY THE CITY COUNCIL OF THE CITY OFCLASS "B" (HOTEL/MOTEL)
DUBUQUE, IOWA:LIQUOR LICENSE
That the following having complied with theDubuque Inn Corp.Best Western Dubuque
provisions of law relating to the saleInn+(Sunday Sales)3434 Dodge St.
of Cigarettes within the City of Dubuque, Iowa,CLASS"C" (COMMERCIAL)
be granted a permit to sell Cigarettes andBEER & LIQUOR LICENSE
Cigarette Papers within said City.Town Clock Inn Inc.Town Clock Inn
Union Cigar Store799 Town Clock Plaza
White Tiger Inc.336 Main St.James W GoetzingerGoetz's
Passed, approved and adopted this 5th day +(Sunday Sales)2776 Jackson St.
of February, 1996.Passed, approved and adopted this 5th day
Terrance M. Duggan, Mayorof February, 1996.
Attest: Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Nicholson moved adoptionAttest: Mary A. Davis, City Clerk
of the Resolution. Seconded by CouncilCouncil Member Nicholson moved adoption
Member Voetberg. Carried by the followingof the Resolution. Seconded by Council
vote: Yeas—Mayor Duggan, CouncilMember Voetberg. Carried by the following
Members Buol, Krieg, Michalski, Nicholson,vote: Yeas—Mayor Duggan, Council Members
Robbins, Voetberg. Nays—None.Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
RESOLUTION NO. 38-96
Whereas, applications for Beer PermitsBOARDS AND COMMISSIONS:
have been submitted and filed to this CouncilApplicants to address the Council to
for approval and the same have beenexpress their desire to serve on a
examined and approved; and Board/Commission.
Whereas, the premises to be occupied by
such applicants were inspected and found toAIRPORT ZONING COMMISSION:
comply with the Ordinances of this City andApplicant Jeff Stiles.
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVEDCOMUNITY DEVELOPMENTCOMMISSION:
BY THE CITY COUNCIL OF THE CITY OFApplicants Neil Kelley, Andrea Shickles,
DUBUQUE, IOWA:That the Manager beJohn Davis, Thomas Kersch, and Walter
authorized to cause to be issued the followingPregler. Walter Pregler spoke.
named applicants a Beer Permit.
CLASS "B" BEER PERMITHOUSING CODE OF APPEALS BOARD:
George M. StephensonApplicants John Bennett and Thomas
Bunker Hill Golf+(Sunday & Outdoor Sales)Hannan.
2200 Bunker Hill Rd.
CLASS "C" BEER PERMITLIBRARY BOARD:
Regular Session, February 5, 1996
Applicants Kristen Smith and Teri Zuccaro.
Kristin Smith spoke. Mayor Duggan stated
that Teri Zuccaro was unable to attend this
meeting.
Council Member Nicholson moved that the
rules be suspended to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas —Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays —None.
Proof of publication certified to by the
Publisher on Notice of Public Hearing to
consider rezoning South half of property at
2571 J. F. Kennedy Road from OR to C-2
District, communications of Robert Herbst,
LaVon Chapman, Marilyn J. Wilson, Daniel N.
Roush, Marlyn & Joyce Bausman, M. Thomas
& Linda Stovall and a petition containing 131
signatures opposing the proposed rezoning,
presented and read. Council Member Buol
moved that the proof, communications and
petitions be received and filed. Seconded by
Council Member Michalski. Carried by the
following vote: Yeas —Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays —None.
John Herrig representing Michael Koch,
applicant for rezoning, stated that there is not
enough C-1, C-2 or C-3 zoning for small
businesses in Dubuque. Leroy Magby, owner
of the property, requested the rezoning. Dick
Schiltz, Chair of the Zoning Advisory Comm.,
Wayne Schumacher, Mark Oberhoffer, Dale
Steuer, and Peg Oberhoffer as nearby
property owners all objected to proposed
rezoning.
An Ordinance Amending Zoning Map by
reclassifying property located at 2571 J. F.
Kennedy Road from OR Office Residential
District to C-2 Neighborhood Shopping Center
District, said Ordinance denied by Zoning
Advisory Commission, and first reading only
given on 1-15-96, presented for further action.
Council Member Buol moved to concur with
the denial. Seconded by Council Member
Michalski. Carried by the following vote:
Yeas —Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays —None.
Hearing on Liquor License suspension for
Hooligans Sports Bar & Grill and Police Chief
Mauss recommending approval for
suspension and civil penalty, presented and
read. Council Member Krieg moved that the
communication be received and filed and
concurred with the recommendation.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas —Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays —None.
Proof of publication certified to by the
Publisher on Notice of Public Hearing
regarding lease to Finley Hospital for a Cancer
Survivor's Park and City Manager
recommending approval of lease, presented
and read. Council Member Voetberg moved
that the proof and communication be received
and filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas —Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays —None.
RESOLUTION NO. 40-96
RESOLUTION APPROVING LEASE OF
LOT 22 OF THE FINLEY HOME ADDITION
TO THE FINLEY HOSPITAL FOR A
CANCER SURVIVORS' PUBLIC PARK
Whereas, published notice of date, time,
and place of a public hearing, published in the
Telegraph Herald a newspaper of general
circulation published in the City of Dubuque,
Iowa, on the 26th day of January, 1996, the
City Council of the City of Dubuque, Iowa met
on the 5th day of February, 1996 at 7:00 p.m.
in the Public Library Auditorium, Eleventh and
Locust Streets, Dubuque, Iowa, to consider
the lease of certain real property as set forth in
the Lease Agreement between the City of
Dubuque and The Finley Hospital, a copy of
which is attached hereto and incorporated
herein by reference.
Whereas, the City Council of the City of
Dubuque, Iowa, overruled any and all
objections, oral or written, to the lease
agreement;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between
the City of Dubuque and The Finley Hospital
fora Cancer Survivors' Public Park, a copy of
which is attached hereto, is hereby approved.
Section 2. The City Manager is authorized
and directed to execute the Lease Agreement
on behalf of the City of Dubuque.
Passed, approved and adopted this 5th day
of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas —Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays —None.
Proof of publication certified to by the
Publisher on Notice of Hearing on plans and
specifications for the Continuous Emissions
Monitoring System for the Sewage Sludge
Incinerators at the Water Pollution Control
Plant, Proof of publication certified to by the
Publisher on Notice to Bidders of the receipt
of bids for the project and City Manager
recommending to reject all bids received for
project, presented and read. Council Member
Voetberg moved that the communications be
received and filed. Seconded by Council
Member Michalski. Carried by the following
vote: Yeas —Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays —None.
Regular Session, February 5, 1996
RESOLUTION NO. 41-96MEMBERS OF THE ZONING BOARD OF
RESOLUTION REJECTING BIDS FORADJUSTMENT TO THE AIRPORT ZONING
THE CONTINUOUS EMISSIONSBOARD OF ADJUSTMENT.
MONITORING SYSTEM FOR THE NOW, THEREFORE, BE IT ORDAINED
SEWAGE SLUDGE INCINERATORS ATBY THE CITY COUNCIL OF THE CITY OF
THE WATER POLLUTION CONTROLDUBUQUE, IOWA:
PLANT PURSUANT TO RESOLUTION NO.Section 2. Section 5-3.1 of Appendix A of
23-96 AND NOTICE TOthe City of Dubuque Code of Ordinances (the
BIDDERSPUBLISHED IN A NEWSPAPERZoning Ordinance) is amended by adding
PUBLISHED IN THE CITY OF DUBUQUE,thereto the following
IOWA, ON THE 18TH DAY OF JANUARY,new Paragraph E.
1996(E) Appointment to airport zoning board of
Whereas, sealed proposals were openedadjustment. Two members of the board shall
and read on the 30th day of January, 1996,be appointed by the city council to serve on
and it has been determined that the bid of Hullthe airport zoning board of adjustment. A
Corporation in the amount of $164,500 wasmember shall serve out the term on the airport
the lowest bid for furnishing of all labor andzoning board of adjustment even if the
materials, and performing the work asmember's term on the zoning board of
provided for in the plans and specifications;adjustment has expired.
andPassed, approved and adopted this 5th day
Whereas, the City Council has determinedof February, 1996.
that it is in the best interest of the City to rejectTerrance M. Duggan, Mayor
all bids received on the project.Attest: Mary A. Davis, City Clerk
NOW THEREFORE, BE IT RESOLVEDPublished officially in the Telegraph Herald
BY THE CITY COUNCIL OF THE CITY OFnewspaper this 14th day of February, 1996
DUBUQUE, IOWA:1t 2/14Mary A. Davis CMC, City Clerk
Section 1. That the bid of Hull CorporationCouncil Member Voetberg moved final
dated January 30, 1996, be rejected.consideration and passage of the Ordinance.
Section 2. That Resolution No. 21-96,Seconded by Council Member Nicholson.
Preliminary Approval of Plans andCarried by the following vote: Yeas—Mayor
Specifications, is hereby rescinded.Duggan, Council Members Buol, Krieg,
Passed, approved and adopted this 5th day
Michalski, Nicholson, Robbins, Voetberg.
of February, 1996.
Nays—None.
Terrance M. Duggan, Mayor
ATTEST: Mary A. Davis, City Clerk
Dubuque Main Street Ltd. submitting their
Council Member Voetberg moved adoption
report for calendar year 1995, presented and
of the Resolution. Seconded by Council
read. Council Member Nicholson moved that
Member Nicholson. Carried by the following
the communication be received and filed.
vote: Yeas—Mayor Duggan, Council Members
Seconded by Council Member Robbins.
Buol, Krieg, Michalski, Nicholson, Robbins,
Carried by the following vote: Yeas—Mayor
Voetberg. Nays—None.
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Proof of publication certified to by the
Nays—None.
Publisher on Notice of Public Hearing to
consider text amendment to Zoning Ordinance
City Manager requesting direction on two
regarding appointment to Airport Zoning Board
leases as requested by Dubuque River
of Adjustment, presented and read. Council
Terminals, Inc. (Tabled from meeting of 1-15-
Member Voetberg moved that the proof of
96), presented and read. Council Member
publication be received and filed. Seconded
Voetberg moved that the leases be
by Council Member Nicholson. Carried by the
renegotiated and approved $4500 for the
following vote: Yeas—Mayor Duggan, Council
appraisal. Seconded by Council Member
Members Buol, Krieg, Michalski, Nicholson,
Krieg. Carried by the following vote:
Robbins, Voetberg. Nays—None.
Yeas—Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
An Ordinance Amending Zoning OrdinanceNays—Mayor Duggan.
by adding a new paragraph providing for the
appointment of members of the Zoning BoardCity Manager recommending approval of
of Adjustment to the Airport Zoning Board ofJoint Labor Management Health Care
Adjustment, with first and second readingsCommittee Agreement, presented and read.
given on 1-15-96, presented for further action.Council Member Nicholson moved that the
communication be received and filed and
approved recommendation. Seconded by
(OFFICIAL PUBLICATION)Council Member Michalski. Carried by the
ORDINANCE NO. 5-96following vote: Yeas—Mayor Duggan, Council
AN ORDINANCE AMENDING SECTION 5-
Members Buol, Krieg, Michalski, Nicholson,
3.1 OF APPENDIX A OF THE CITY OF
Robbins, Voetberg. Nays—None.
DUBUQUE CODE OF ORDINANCES (THE
ZONING ORDINANCE) PROVIDING FOR A
George Chevalier requesting to address the
ZONING BOARD OF ADJUSTMENT BY
Council regarding pedestrian cross walk signs
ADDING A NEW PARAGRAPH (E)
at 10th & Central and 18th and Central,
PROVIDING FOR THE APPOINTMENT OF
presented and read. Council Member
Regular Session, February 5, 1996
Nicholson moved that this matter be referredTO THERMAL ENVIRONMENT AND
to the City Manager for a report. SecondedADOPTING IN LIEU THEREOF A NEW
by Council Member Buol. Carried by thePARAGRAPH (e) RELATING TO THERMAL
following vote: Yeas—Mayor Duggan, CouncilENVIRONMENT; REPEALING SECTION
Members Buol, Krieg, Michalski, Nicholson,26-10(f) RELATING TO ILLUMINATION
Robbins, Voetberg. Nays—None.AND ELECTRICITY AND ADOPTING IN
LIEU THEREOF A NEW PARAGRAPH (f)
Housing Commission requestingRELATING TO ILLUMINATION AND
amendment to Code of Ordinances regardingELECTRICITY; REPEALING SECTION 26-
description on purpose for Housing10(g) RELATING TO STRUCTURE AND
Commission, presented and read. CouncilMATERIALS AND ADOPTING IN LIEU
Member Krieg moved that the communicationTHEREOF A NEW PARAGRAPH (g)
be received and filed. Seconded by CouncilRELATING TO STRUCTURE AND
Member Nicholson. Carried by the followingMATERIALS; REPEALING SECTION 26-
vote: Yeas—Mayor Duggan, Council10(h) RELATING TO INTERIOR AIR
Members Buol, Krieg, Michalski, Nicholson,QUALITY AND ADOPTING IN LIEU
Robbins, Voetberg. Nays—None.THEREOF A NEW PARAGRAPH (h)
RELATING TO INTERIOR AIR QUALITY;
An Ordinance Amending Code ofREPEALING SECTION 26-10(I) RELATING
Ordinances relating to purposes of HousingTO WATER SUPPLY AND ADOPTING IN
Commission, presented and read. CouncilLIEU THEREOF A NEW PARAGRAPH (I)
Member Krieg moved that this Ordinance beRELATING TO WATER SUPPLY;
tabled and referred to the Worksession withREPEALING SECTION 26-10(j) RELATING
the Council and Housing Commission staff.TO LEAD BASED PAINT AND ADOPTING
Seconded by Council Member Nicholson.IN LIEU THEREOF A NEW PARAGRAPH (j)
Carried by the following vote: Yeas—MayorRELATING TO LEAD BASED PAINT;
Duggan, Council Members Buol, Krieg,REPEALING SECTION 26-10(k) RELATING
Michalski, Nicholson, Robbins, Voetberg.TO ACCESS AND ADOPTING IN LIEU
Nays—None.THEREOF A NEW PARAGRAPH (k)
RELATING TO ACCESS; REPEALING
City Manager recommending approval ofSECTION 26-10(l) RELATING TO SITE AND
recent HUD changes in Housing Code,NEIGHBORHOODS AND ADOPTING IN
presented and read. Council MemberLIEU THEREOF A NEW PARAGRAPH (l)
Voetberg moved that the communication beRELATING TO SITE AND
received and filed. Seconded by CouncilNEIGHBORHOODS; REPEALING SECTION
Member Nicholson. Carried by the following26-10(m) RELATING TO SANITARY
vote: Yeas—Mayor Duggan, CouncilCONDITIONS AND ADOPTING IN LIEU
Members Buol, Krieg, Michalski, Nicholson,THEREOF A NEW PARAGRAPH (m)
Robbins, Voetberg. Nays—None. RELATING TO SANITARY CONDITIONS;
REPEALING SECTION 26-10(n) RELATING
An Ordinance Amending portions ofTO SMOKE DETECTORS AND ADOPTING
Chapter 26 in the City Code of Ordinances toIN LIEU THEREOF A NEW PARAGRAPH
adopt recent HUD "Housing Quality(n) RELATING TO SMOKE DETECTORS.
Standards", presented and read. NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
(OFFICIAL PUBLICATION)DUBUQUE, IOWA:
ORDINANCE NO. 6-96Section 1. Section 26-10(a) of the City of
AN ORDINANCE AMENDING THE CODEDubuque Code of Ordinances is hereby
OF ORDINANCES, CITY OF DUBUQUE,repealed, and the following new Section 26-
IOWA, CHAPTER 26, HOUSING10(a) is hereby adopted in lieu thereof:
REGULATIONS, BY: REPEALING(a) (Generally.) Housing governed by the
SECTION 26-10(a) RELATING TOhousing code shall meet the Housing Quality
HOUSING QUALITY STANDARDS ANDStandards promulgated by the United States
ADOPTING IN LIEU THEREOF A NEWDepartment of Housing and Urban
PARAGRAPH (a) RELATING TO HOUSINGDevelopment (HUD), Title 24, Code of Federal
QUALITY STANDARDS; REPEALINGRegulations, part 982.401, (a) through (n).
SECTION 26-10(b) RELATING TOThe approved interpretations further define the
SANITARY FACILITIES AND ADOPTING INstandards as they shall apply to housing in the
LIEU THEREOF A NEW PARAGRAPH (b)city.
RELATING TO SANITARY FACILITIES;Section 2. Section 26-10(b) of the City of
REPEALING SECTION 26-10(c) RELATINGDubuque Code of Ordinances is hereby
TO FOOD PREPARATION AND REFUSErepealed, and the following new Section 26-
DISPOSAL AND ADOPTING IN LIEU10(b) is hereby adopted in lieu thereof:
THEREOF A NEW PARAGRAPH (c)(b) Sanitary Facilities.
RELATING TO FOOD PREPARATION AND(1) Performance Requirement. Each dwelling
REFUSE DISPOSAL; REPEALINGunit must include sanitary facilities located in
SECTION 26-10(d) RELATING TO SPACEthe unit, which must be in proper operating
AND SECURITY AND ADOPTING IN LIEUcondition, must be usable in privacy, and are
THEREOF A NEW PARAGRAPH (d)adequate for personal cleanliness and the
RELATING TO SPACE AND SECURITY;disposal of human waste.
REPEALING SECTION 26-10(e) RELATING
Regular Session, February 5, 1996
(2) Acceptability Criteria. The bathroom mustThere must be facilities and services for the
be located in a separate private room and havesanitary disposal of food waste and refuse,
a flush toilet in proper operating condition. Theincluding temporary storage facilities where
dwelling unit must have a fixed basin in propernecessary (e.g., garbage cans).
operating condition, with a sink trap and hot(3) Approved Interpretation.
and cold running water. The dwelling unita. Every dwelling unit except Class B units
must have a shower or a tub in propershall be provided with a room or portion of a
operating condition with hot and cold runningroom for a kitchen or kitchenette within the
water. The facilities must utilize an approvabledwelling unit.
public or private disposal system (including ab. Counters or tables for food preparation shall
locally approvable septic system).be furnished with surfaces that are easily
(3) Approved Interpretations.cleanable and that will not impart any toxic or
a. A room in which a water closet is locatedharmful effect to food.
shall be separated from food preparation orc. Every kitchen or kitchen area shall have at
storage rooms by a tight-fitting door.least one light fixture and two (2) duplex
b. Every water closet compartment oroutlets. If, however, one such outlet is
bathroom floor surface shall be constructedinaccessible, i.e., located behind a stationary
and maintained so as to be reasonablyappliance, one additional outlet shall be
impervious to water.installed.
c. The required bathroom shall have at leastd. Every kitchen or kitchenette must have a
one (1) openable window or other adequatefloor surface which can be maintained in a
exhaust ventilation which must vent to thesanitary condition.
outside of the building. e. Duplex and multiple unit dwellings shall
d. The food preparation sink does not fulfill thehave supplied garbage and refuse containers.
fixed basin lavatory requirement.Occupants of single-unit dwellings shall be
e. The tub and/or shower may be located in anresponsible for furnishing containers.
area other than that provided for the waterSection 4. Section 26-10(d) of the City of
closet and lavatory.Dubuque Code of Ordinances is hereby
f. The required bathroom must be illuminatedrepealed, and the following new Section 26-
by a permanently installed light fixture.10(d) is hereby adopted in lieu thereof:
g. Sanitary Facilities Required. All dwelling(d) Space and Security.
units except Class B units shall have approved(1) Performance Requirement. The dwelling
sanitary facilities for the exclusive use of theunit must provide adequate space and security
occupant(s) of the unit.for the family.
Buildings with Class B units shall provide on(2) Acceptability Criteria. At a minimum, the
each floor approved sanitary facilities, no lessdwelling unit must have a living room, kitchen
than one such facility for each six (6) Class Barea, and bathroom. The dwelling unit must
units.contain at least one sleeping or living/sleeping
Section 3. Section 26-10(c) of the City ofroom of appropriate size for each two (2)
Dubuque Code of Ordinances is herebypersons. Persons of opposite sex, other than
repealed, and the following new Section 26-husband and wife or very young children, may
10(c) is hereby adopted in lieu thereof:not be required to occupy the same bedroom
(c) Food Preparation and Refuse Disposal.or living/sleeping room. Exterior doors and
(1) Performance Requirement. The dwellingwindows accessible from outside the unit
unit must contain suitable space andmust be lockable. Exterior doors are doors by
equipment to store, prepare, and serve foodswhich someone can enter or exit the dwelling
in a sanitary manner. There must be adequateunit.
facilities and services for the sanitary disposal(3) Approved Interpretations.
of food wastes and refuse, including facilitiesa. Minimum Space.
for temporary storage where necessary (e.g.,1. Ceiling Height. Habitable rooms or areas
garbage cans).shall have a ceiling height of not less than
(2) Acceptability Criteria. The dwelling unitseven (7) feet. Other rooms or areas may have
must have an oven, and a stove or range, anda ceiling height of not less than six (6) feet
a refrigerator of appropriate size for the family.eight (8) inches, measured to the lowest
All of the equipment must be in properprojection from the ceiling.
operating condition. The equipment may be If a room has a sloping ceiling, the prescribed
supplied by either the owner or the family. Aceiling height is required in no less than one-
microwave oven may be substituted for ahalf (½) the area thereof. No portion of the
tenant-supplied oven and stove or range. Aroom measuring less than five (5) feet from
microwave oven may be substituted for anfloor to ceiling shall be included in the
owner-supplied oven and stove or range if thecomputation of the minimum floor area for the
tenant agrees and microwave ovens areroom.
furnished instead of an oven and stove or2. Dwelling Unit Area. Each unit shall have at
range to both subsidized and unsubsidizedleast one habitable room having not less than
tenants in the building or premises. Theone hundred (100) square feet of floor area.
dwelling unit must have a kitchen sink inOther habitable rooms shall have an area of
proper operating condition, with a sink trapnot less than seventy (70) square feet. Where
and hot and cold running water. The sink mustmore than two (2) persons occupy a room
drain into an approvable public or privateused for sleeping, the required floor area shall
system. The dwelling unit must have space forbe increased by fifty (50) square feet for each
the storage, preparation, and serving of food.occupant in excess of two (2).
Regular Session, February 5, 1996
No habitable room shall measure less thanrepealed, and the following new Section 26-
seven (7) feet in length or width.10(f) is hereby adopted in lieu thereof:
3. Efficiency Unit Area. Each efficiency unit(f) Illumination and Electricity.
shall have a living area of no less than two(1) Performance Requirement. Each room
hundred twenty (220) square feet.must have adequate natural or artificial
Efficiency units shall be occupied by no moreillumination to permit normal indoor activities
than two (2) occupants.and to support the health and safety of
4. Use. Rooms other than habitable roomsoccupants. Sufficient electrical sources must
shall not be used for living or sleeping.be provided to permit use of essential
b. Passageways. The required bathroom, andelectrical appliances while ensuring safety
any other water closet compartment, shall notfrom fire.
be used as the only passageway to any(2) Acceptability Criteria. Living and sleeping
habitable room, hall, basement or cellar, or torooms must include at least one window. A
the exterior of the unit. permanent ceiling or wall light fixture must be
c. Lighting. Every hall and stairway in apresent and working in the bathroom and
dwelling shall be provided with adequatekitchen area. At least two (2) electrical outlets,
lighting.one of which may be a permanent overhead or
Section 5. Section 26-10(e) of the City ofwall-mounted light fixture, must be present
Dubuque Code of Ordinances is herebyand operable in the living area, kitchen area,
repealed, and the following new Section 26-and each bedroom area.
10(e) is hereby adopted in lieu thereof:(3) Approved Interpretations.
(e) Thermal Environment.a. Natural Light and Ventilation. All habitable
(1) Performance Requirement. The dwellingrooms shall be provided with natural light by
unit must have and be capable of maintainingmeans of exterior glazed openings with an
a thermal environment healthy for humanarea of not less than eight (8) percent of the
habitation.floor area of such rooms.
(2) Acceptability Criteria. The dwelling unit All habitable rooms shall be provided with
must contain safe heating and/or coolingnatural ventilation by means of operable
facilities which are in proper operatingexterior openings with an area of not less than
condition and can provide adequate heatfour (4) percent of the floor area of such
and/or cooling to each room in the dwellingrooms.
unit, either directly or indirectly, appropriate forb.Overcurrent Protection. Overcurrent
the climate to assure a healthy livingprotection shall be provided with properly sized
environment. The dwelling unit must notS-type fuses or circuit breakers.
contain unvented room heaters that burn gas,c. Extension Cords. Temporary wiring or
oil or kerosene.extension cords shall not be used as
(3) Approved Interpretations.permanent wiring. Extension cords shall not
a. Heating facilities shall be capable ofpenetrate walls and may not run through
supplying a minimum of sixty-eight (68)doorways, nor be routed under floor coverings.
degrees Fahrenheit measured at thirty-six (36)d. Grounding. The building electrical service
inches above the floor, at the inside wall, inentrance panel shall be grounded with a
every habitable room in the unit.jumper installed across the water meter unless
b. Heating units, except electric-fueled units,the lack of such bonding met prior Dubuque
shall be vented to eliminate the escape ofElectrical Code approval.
products of combustion into any habitable ore. Ground type electrical outlets shall be
transiently occupied area.grounded.
c. Every heat duct, steam pipe and hot waterf. Origin of Light and Ventilation. For the
pipe shall be free of leaks.purpose of determining light and ventilation
d. Every room heater vent pipe shall berequirements, any room may be considered as
equipped with thimbles or guards constructeda portion of an adjoining room when one-half
of nonflammable material at the point where(½) the area of the common wall is open and
the pipe penetrates any wall, ceiling orunobstructed and provides an opening of not
partition. Exceptions to this requirement shallless than eight percent (8%) of the floor area
be otherwise in compliance with the Dubuqueof the interior room, or twenty (20) square feet,
Mechanical Code.whichever is greater.
e. Domestic water heating devices shall beSection 7. Section 26-10(g) of the City of
supplied with an operable combinationDubuque Code of Ordinances is hereby
temperature and pressure relief valve andrepealed, and the following new Section 26-
such device shall be fitted with a rigid vent10(g) is hereby adopted in lieu thereof:
pipe of undiminished diameter and extended tog) Structure and Materials.
within one (1) foot of the floor.(1) Performance Requirement. The dwelling
f. Water heating devices, except electric-unit must be structurally sound so as not to
fueled units, shall be vented to eliminate thepose any threat to the health and safety of the
escape of products of combustion into anyoccupants and so as to protect the occupants
habitable or transiently occupied areas.from the environment.
g. Every chimney, vent pipe and flue shall be(2) Acceptability Criteria. Ceilings, walls and
maintained in sound condition and goodfloors must not have any serious defects such
repair.as severe bulging or leaning, large holes,
Section 6. Section 26-10(f) of the City ofloose surface materials, severe buckling or
Dubuque Code of Ordinances is herebynoticeable movement under walking stress,
missing parts or other serious damage. The
Regular Session, February 5, 1996
roof must be structurally sound andwith extinguishers of approximately two and
weathertight. The exterior wall structure andone-half (2 ½) pound capacity equal to
exterior wall surface must not have anyUnderwriters' Laboratory Rating of 1A10BC.)
serious defects such as serious leaning,Section 8. Section 26-10(h) of the City of
buckling, sagging, cracks or holes, looseDubuque Code of Ordinances is hereby
siding, or defects that may result in airrepealed, and the following new Section 26-
infiltration or vermin infestation. The condition10(h) is hereby adopted in lieu thereof:
and equipment of interior and exterior(h) Interior Air Quality.
stairways, halls, porches, walkways, etc., must(1) Performance Requirement. The dwelling
not present a danger of tripping or falling.unit must be free of pollutants in the air at
Elevators must be maintained in safe andlevels which threaten the health of the
operating condition. In the case of a mobileoccupants.
home, the home must be securely anchored(2) Acceptability Criteria. Dwelling units must
by a tiedown device which distributes andbe free from dangerous levels of air pollution
transfers the loads imposed by the unit tofrom carbon monoxide, sewer gas, fuel gas,
appropriate ground anchors so as to resistdust and other harmful air pollutants. Air
wind-caused overturning and sliding.circulation must be adequate throughout the
(3) Approved Interpretations.unit. Bathroom areas must have at least one
a. Foundations, Exterior Walls and Roofs.openable window or other adequate exhaust
Every foundation, exterior wall and roof shallventilation. Any room used for sleeping must
be substantially weathertight, watertight,have at least one openable window or other
rodent proof and shall be kept in good repair.adequate exhaust ventilation.
b. Windows, Exterior Doors and Basement(3) Approved Interpretation.
Hatchways. Every window, exterior door anda. The unit shall be free from abnormally high
basement or cellar door and hatchway shall belevels of air pollution from vehicular exhaust,
substantially weathertight, rodent proof andsewer gas, fuel gas, dust, or other pollutants.
kept in good repair."Abnormally high" means that the levels of
c. Stairways and Porches. Every inside andnoxious gasses or other pollutants are
outside stair, porch and any appurtenanceconsistently present in amounts that would
thereto shall be safe to use and shall beconstitute a continuing health hazard to the
properly maintained.occupant.
d. Drains. All rain water shall be properlyb. At least one window in each sleeping area
drained from every roof so as not to causeshall be openable to outside air.
dampness in the walls, ceilings or floors of anyc. Where openable windows are required,
habitable room, or of any bathroom or waterscreens shall be provided and kept in good
closet compartment.repair.
e. Exterior Wood Surfaces. All exterior woodd. All water closet compartments, in addition to
surfaces requiring chemical preservation shallthe required bathroom, shall have at least one
be protected from water seepage and against(1) openable window or other adequate
deterioration with a paint covering or someexhaust ventilation, as per subsection 26-
other suitable material.10.(b)(3)c.
f. Floors, Interior Walls, Interior Doors ande. Bathroom windows and other bathroom
Ceilings. Every floor, interior wall, interior doorventilation systems must vent to the outside of
and ceiling shall be kept in sound conditionthe building.
and good repair.Section 9. Section 26-10(i) of the City of
g.Accessory Structures. Accessory structuresDubuque Code of Ordinances is hereby
on the premises of a dwelling unit shall berepealed, and the following new Section 26-
maintained in good repair.10(i) is hereby adopted in lieu thereof:
h. Mobile Homes. Mobile homes shall be(I) Water Supply.
provided with at least one smoke detector.(1) Performance Requirement. The water
I. Handrails. Structurally sound handrails shallsupply must be free from contamination.
be provided on any step system containing(2) Acceptability Criteria. The dwelling unit
four (4) or more risers.must be served by an approved public or
j. Guardrails. All porches, patios and balconiesprivate sanitary water supply that is free from
located more than thirty (30) inches highercontamination.
than the adjacent area shall be provided with(3) Approved Interpretations. Upon inspection,
protective guardrails. Guardrails whenall private water systems shall be tested by the
replaced shall comply with Uniform BuildingCity of Dubuque Laboratory, at the expense of
Code Standards.the owner.
k. Fire Extinguishers. Approved type fireSection 10. Section 26-10(j) of the City of
extinguishers shall be provided on each floorDubuque Code of Ordinances is hereby
of a multiple dwelling, so located that they willrepealed, and the following new Section 26-
be accessible to the occupants, and spaced10(j) is hereby adopted in lieu thereof:
so that no person will have to travel more than(j) Lead Based Paint.
seventy-five feet (75) from any point to reach(1) Performance Requirement. The dwelling
the nearest extinguisher. Hallwayunit must be in compliance with HUD Lead
extinguishers shall be five to seven poundBased Paint regulations, 24 CFR Part 982,
capacity Underwriters' Laboratory Rating ofissued pursuant to the Lead Based Paint
2A10BC or approximate equivalent.Poisoning Prevention Act, 42 U.S.C. 4822,
(Exception: In lieu of hallway extinguishers,and the owner must provide certification that
each dwelling or rooming unit may be providedthe dwelling is in accordance with such HUD
Regular Session, February 5, 1996
regulations. If the property was constructede. In units in which windows are the approved
prior to 1978, the family upon occupancy mustsecond means of egress, i.e., in which there is
be furnished the notice required by the HUDno second door or stairway providing egress,
Lead Based Paint regulations and proceduresminimum standards for window egress shall
regarding the hazards of lead based paintapply. Minimum standards for egress windows
poisoning, the symptoms and treatment ofare as follows:
lead poisoning and the precautions to be taken1. Every sleeping room shall have at least one
against lead poisoning.openable window having a minimum net clear
(2)Acceptability Criteria. Same asopening of three and one-half (3.5) square
Performance Requirement.feet.
(3) Approved Interpretations.2. The required egress window shall have a
a. All interior painted surfaces shall be freeminimum net clear opening height dimension
from loose, flaking or peeling paint, or paintof twenty four (24) inches and minimum net
that is in any way noticeably separating fromclear opening width dimension of twenty (20)
the constructed surface material.inches.
b. All exterior painted surfaces shall be free3. The required egress window shall have a
from loose, flaking or peeling paint; all exteriorfinished sill height of no more than forty-four
wood surfaces shall be treated as per(44) inches above the finished floor.
subsection 26-10(g)(3)e.4. Any new or replacement egress windows
c. Any paint chips, particles, or paint offal ofshall, in addition to meeting the requirements
any nature that are generated in the processesat subsection 26-10(k)(3)e. 1 through 3, have
of paint removal, or in any other manner, shalla minimum net clear opening of five and
be collected and removed from all areas of theseven-tenths (5.7) square feet.
premises.f. In lieu of meeting the minimum egress
d. Paint will be applied only to properly pre-window requirements of subsection 26-
pared surfaces.10(k)(3)e., an acceptable life safety alternative
e. Definition of Elevated Blood Level. Amust be:
confirmed concentration of lead in whole blood1. An exit directly to the outside air from the
of twenty (20) ug/dl (micrograms of lead perunit.
deciliter of whole blood) or greater for a single2. If the alternative exit is an interior stairway,
test; or of 15-19 ug/dl in two consecutive testsit must serve only that one unit.
3-4 months apart.3. If the interior stairway serves more than one
f. Definition of Lead-Based Paint. A paintunit, it must be enclosed with material having
surface, whether or not defective, identified asa fire-resistive rating of one hour, with fire
having a lead content greater than or equal todoors protecting all stairway openings.
2
one mg/cm (milligrams per centimeter4. Any exit corridor serving as access to exits
squared) as identified by X-ray fluorescencemust also have a one-hour fire resistive rating.
analyzer; or 0.5 percent by weight; or 50005. There must be no more than thirty-five (35)
parts per million (ppm).feet of travel distance to reach the exit, from
Section 11. Section 26-10(k) of the City ofthe entrance door of any dwelling unit.
Dubuque Code of Ordinances is herebySection 12. Section 26-10(l) of the City of
repealed, and the following new Section 26-Dubuque Code of Ordinances is hereby
10(k) is hereby adopted in lieu thereof:repealed, and the following new Section 26-
(k) Access10(l) is hereby adopted in lieu thereof:
(1) Performance Requirement. The dwelling(l) Site and Neighborhood
unit must be usable and capable of being(1) Performance Requirement. The site and
maintained without unauthorized use of otherneighborhood must be reasonably free from
private properties, and the building mustdisturbing noises and reverberations and other
provide an alternate means of egress in casedangers to the health, safety and general
of fire (such as fire stairs or egress throughwelfare of the occupants.
windows).(2) Acceptability Criteria. The site and
(2)Acceptability Criteria. Same asneighborhood may not be subject to serious
Performance Requirement.adverse environmental conditions, natural or
(3) Approved Interpretations.manmade, such as dangerous walks or steps;
a. Every dwelling unit shall have immediateinstability; flooding, poor drainage, septic tank
access to two (2) or more unobstructedbackups or sewage hazards; mudslides;
means of egress.abnormal air pollution, smoke or dust;
b. Egress may be into a corridor (interior orexcessive noise, vibrations or vehicular traffic;
exterior), having two (2) separate directions ofexcessive accumulations of trash; vermin or
travel to exits.rodent infestation; or fire hazards.
c. First and second floor windows are(3) Approved Interpretations. No occupant or
considered to be approved means of egress.owner of a dwelling unit shall accumulate any
d. Any habitable room above the second floormaterials in such a manner that may provide a
must have a second means of egress whichharborage or serve as food for rats.
must be approved by either the Dubuque FireSection 13. Section 26-10(m) of the City of
Marshal or Building Department. The egressDubuque Code of Ordinances is hereby
herein contemplated may include egressrepealed, and the following new Section 26-
through other rooms of the same dwelling unit,10(m) is hereby adopted in lieu thereof:
provided there are at least two (2) separate(m) Sanitary Conditions.
means of egress from that floor.
Regular Session, February 5, 1996
(1) Performance Requirement. The dwellingwithin four (4) inches, vertical and horizontal
unit and its equipment must be in sanitarymeasurement, of a ceiling-wall corner.
condition.I. In efficiency units and in Class B units,
(2) Acceptability Criteria. The dwelling unit andsmoke detectors shall be located inside the
its equipment must be free of vermin andunit.
rodent infestation.Section 15. This ordinance shall take effect
(3) Approved Interpretations.immediately upon publication.
a. Plumbing fixtures that require traps shall bePassed, approved and adopted this 5th day
provided with same.of February, 1996.
b. Occasional observation of roaches, mice orTerrance M. Duggan, Mayor
other vermin shall be considered indicators ofAttest: Mary A. Davis, City Clerk
possible problems but shall not be consideredPublished officially in the Telegraph Herald
proof of infestation.
newspaper this 16th day of February, 1996.
Section 14. Section 26-10(n) of the City of
1t 2/16Mary A. Davis CMC, City Clerk
Dubuque Code of Ordinances is hereby
Council Member Voetberg moved that the
repealed, and the following new Section 26-
requirement that a proposed Ordinance be
10(n) is hereby adopted in lieu thereof:
considered and voted on for passage at two
(n) Smoke Detectors.
Council Meetings prior to the meeting at which
(1) Performance Requirement. All dwelling
it is to be finally passed be suspended.
units must be provided with operating smokeSeconded by Council Member Nicholson.
detectors in accordance with the requirementsCarried by the following vote: Yeas—Mayor
of the National Fire Protection AssociationDuggan, Council Members Buol, Krieg,
Standard (NFPA) 74. If the dwelling unit isMichalski, Nicholson, Robbins, Voetberg.
occupied by a hearing-impaired person,Nays—None. Council Member Voetberg
smoke detectors must have an alarm systemmoved final consideration and passage of the
designed for hearing-impaired persons asOrdinance. Seconded by Council Member
specified in NFPA 74.Nicholson. Carried by the following vote:
(2)Acceptability Criteria. Same asYeas—Mayor Duggan, Council Members
Performance Requirement.Buol, Krieg, Michalski, Nicholson, Robbins,
(3) Approved Interpretations.Voetberg. Nays—None.
a. Smoke detectors shall be installed outside
of each separate sleeping area, in the
City Manager recommending approval of
immediate vicinity of the bedrooms, and on
cooperative agreement with IDOT, DMATS
each additional story of the dwelling unit,
and City to provide 4 lanes on Northwest
including basements and attics, except as
Arterial from Highway 20 to John F. Kennedy
noted in subsection 26-10(n)(3)b.
Rd., presented and read. Council Member
b. Installation of smoke detectors shall not be
Krieg moved that the communication be
required in crawl spaces.
received and filed. Seconded by Council
c. Smoke detectors installed on a story without
Member Nicholson. Carried by the following
a sleeping area, and in basements, shall be
vote: Yeas—Mayor Duggan, Council Members
located in close proximity to the stairway
Buol, Krieg, Michalski, Nicholson, Robbins,
leading to the floor above. Smoke detectors
Voetberg. Nays—None.
installed in proximity to a stairway shall be
positioned so as to intercept smoke originating
RESOLUTION NO. 42-96
from the lower level, before the smoke enters
RESOLUTION APPROVING
the stairway.
COOPERATIVE AGREEMENT WITH THE
d. Smoke detectors shall be located so as to
IOWA DEPARTMENT OF
assure that smoke cannot be prevented from
TRANSPORTATION AND DUBUQUE
reaching the detector by an intervening
METROPOLITAN AREA
obstruction
TRANSPORTATION STUDY RELATING TO
e. In split level units, (i.e., units with less than
THE CONSTRUCTION OF TWO
one full story separation between levels),
SOUTHBOUND LANES OF THE
installation of a single smoke detector for one
NORTHWEST ARTERIAL FROM U.S. 20
level and the adjacent lower level shall meetTO JOHN F. KENNEDY ROAD
the requirement of subsection 26-10(n)(3)a.Whereas, the Iowa Department of
except as noted in subsection 26-10(n)(3)f.Transportation is proposing to construct the
f. Where an intervening door exists betweentwo southbound lanes of the Northwest
one level and the adjacent lower-level, smokeArterial from U.S. 20 to John F. Kennedy
detectors shall be installed on both levels.Road in Fiscal Year 1998; and
g. Smoke detectors installed on an open-Whereas, the Iowa Department of
joisted ceiling shall be installed on the bottomTransportation proposes to borrow the funds
of the joist. for the construction project from the Federal
h. Smoke detectors shall be located on or nearSTP fund balance of the Dubuque
the ceiling. In rooms with ceiling slopesMetropolitan Area Transportation Study
greater than 1-foot rise per 8-feet, the detector
(DMATS); and
shall be located on the high side of the room.
Whereas, the Iowa Department of
Smoke detectors shall, when mounted on a
Transportation will restore said funds upon
wall, be located no less than four (4) inches
formal request from DMATS at any time after
nor no more than twelve (12) inches from the
June 30, 1997; and
ceiling. The detector shall not be located
Whereas, the City has joint jurisdiction
along with the Iowa Department of
38 Regular Session, February 5,1996
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
N~ho~on, Robbins, Voetberg. Nays-None.
City Manager recommending approval of
cooperative agreement with TOOT, DMATS
and City to provide 4 lanes on Northwest
Arterial from Highway 20 to John F. Kennedy
Rd., presented and read. Council Member
Krieg moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
RESOLUTION NO, 4296
RESOLUTION APPROVING
COOPERATIVE AGREEMENT WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION AND DUBUQUE
METROPOLITAN AREA
TRANSPORTATION STUDY RELATING TO
THE CONSTRUCTION OF TWO
SOUTHBOUND LANES OF THE
NORTHWEST ARTERIAL FROM U,S. 20
TO JOHN F, KENNEDY ROAD
Whereas, the Iowa Department of
Transportation is proposing to construct the
two southbound lanes of the Northwest
Arterial from U.S, 20 to John F. Kennedy
Road in Fiscal Year 1998; and
Whereas, the Iowa Department of
Transportation proposes to borrow the funds
for the construction project from the Federal
STP fund balance of the Dubuque
Metropolitan Area Transportation Study
(DMATS); and
Whereas, the Iowa Department of
Transportation vrill restore said funds upon
formal request from DMATS at any time after
June 30,1997; and
Whereas, the City has joint jurisdiction
along with the Iowa Department of
Transportation on the Northwest Arterial (IA
32); and
Whereas, the City Council of the City of
Dubuque approves the terms and conditions
of said Cooperative Agreement.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That LD.0.T. Agreement #96-
16-106 consisting of a Cooperative
Agreement with the Iowa Department of
Transportation and the Dubuque
Metropolitan Area Transportation Study for
the construction of the two southbound lanes
of the Northwest Arterial from its junction
with U.S. 20 to John F Kennedy Road be
approved.
Section 2. That the Mayor be authorized
and directed to execute three copies of the
Cooperative Agreement and forvtard the
executed copies to the Iowa Department of
Transportation and the Dubuque
Metropolitan Transportation Study for their
approval.
Passed, approved and adopted this 5th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
City Manager recommending
endorsement of a RISE grant application to
improve Radford Road South of
Pennsylvania Ave., presented and read.
Council Member Buol moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the fallowing vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
RESOLUTION N0, 4396
RESOLUTION ENDORSING THE
SUBMISSION OF A REVITALIZE IOWA'S
SOUND ECONOMY (RISE) APPLICATION
TO THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE
RECONSTRUCTION OF RADFORD ROAD
FROM CHAVANELLE ROAD NORTH TO
PENNSYLVANIA AVENUE
Whereas, The City of Dubuque believes
that economic development opportunities
require developable industrial land whh
adequate public infrastructure in order to
retain and attract new job creating
businesses and industries to this community;
and
Whereas, the City of Dubuque, in
association with the Greater Dubuque
Development Corporation, is actively seeking
to market existing vacant development sites
along Radford Road; and
Whereas, the City of Dubuque, as part of
an industrial park development feasibility
study, is considering the expansion of the
existing Dubuque Industrial Center westward
from Radford Road; and
Whereas, Dubuque In•Fuiuro, Inc., the
non-proffi codeveloper of the Dubuque
Industrial Center, is negotiating the sale of
developable property which requires access
to an improved Radford Road; and
Whereas, the Iowa Department of
Transportation, through its Revitalize Iowa's
Sound Economy (RISE) program's
Competitive Rating Funding, has monies
available for the development of public
•oadways to support future economic
development oppartundies.
NOW, THEREFORE, BE IT RESOLVED
3Y THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque
Hereby endorses the application to the Iowa
Department of Transportation for RISE
'unding to improve Radford Road from
Chavanelle Road north to Pennsylvania
avenue.
Section 2. That the City of Dubuque
iereby certifies That Radford Road is
:urrently dedicated to public use and will
emain so dedicated to public use.
Regular Session, February 5,1996 39
Section 3. That the City of Dubuque
hereby assumes responsibility for and
ongoing maintenance of Radford Road and
ensures that the roadway will be adequately
maintained in the future.
Section 4. That the City Manager is
authorized to sign, on behalf of the City
Council the application for RISE funding.
Passed, approved and adopted this 5th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
the Resolution. Seconded by Council
Member Nicholson. Carried by the fallowing
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
City Manager requesting author¢ation to
negotiate and execute an agreement to
transfer ownership of 1969 American
LaFrance pumper to the Antique Fire Club,
presented and read, Council Member
Nicholson moved that the request be
approved. Seconded by Council Member
Robbins. Carried by the following vote:
Yeas-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays-None.
Gity Manager recommending not to
support nominaticn of the Julien Dubuque
Bridge to the National Register of Historic
Places, presented and read. Council
Member Voetberg moved that the
communication be received and fled and
resolved to support the City Managers
recommendation. Seconded by Council
Member Nicholson. Carried by the fallowing
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Nicholson, Robbins,
Voetberg. Nays-Council Member Michalski.
City Manager recommending procedure
regarding signatures on certificates for
subdivision plats, presented and read.
Council Member Nicholson moved that the
recommendations be approved. Seconded
by Council Member Robbins. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
City Manager submitting FY'95
Comprehensive Annual Financial Report and
Audit Reports, presented and read. Council
Member Nicholson moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
City Manager recommending to dispose
of DREAMS Program Home at 2120
Washington Sf., presented and read.
Council Member Nicholson moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
RESOLUTION N0.4496
RESOLUTION OF INTENTION TO
DISPOSE OF CITY-0WNED PROPERTY,
SPECIFICALLY, NORTH THIRTY FEET
(N30') OF LOT THREE (3) IN GEISSLER'S
SUBDNISION IN THE CITY OF DUBUQUE,
COUNTY OF DUBUQUE, IOWA,
ACCORDING TO THE RECORDED PLAT
THEREOF - 2120 WASHINGTON ST.
Whereas, the City of Dubuque has
purchased certain real property for a family
participating in the DREAMS Program; and
Whereas, the City has received an offer to
purchase this property from a qualifying
household; and
Whereas, by accepting the selected offer,
the Cib/s objectives of providing first-time
homeownership to moderate-income buyers
and rehabilitation of an abandoned home
can be real¢ed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the
following legally-described property:
North Thirty Feet (N30') of Lot Three (3) in
Geisslers Subdivision in the City of
Dubuque, County of Dubuque, Iowa,
according to the recorded plat thereof.
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the
above-described real estate to Robert and
Marianne Walsh for the sum of Thirteen
Thousand Dollars ($13,000).
Section 3. That the City Council meet in
the Carnegie Stout Public Lihrary Auditorium,
11th and Bluff Streets, Dubuque, Iowa, at
7:00 p.m. on the 19th of February, 1996, for
the purpose of holding a public hearing on
the disposition of the above-described real
estate in the City of Dubuque, Iowa.
Section 4. That the City Clerk be and she
is hereby authored and directed to cause a
notice of such public hearing and the City
Council's intent to dispose of such property
to be published as prescribed under Iowa
Code Section 364.7.
Passed, approved and adopted this 5th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved
adoption of the Resolution. Seconded by
Council Member Robbins. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
Al 9:11 p.m., Council Member Voetberg
moved tc go info Closed Session in
accordance with Ghapler 21.5 1Q) 1995
Cade of Iowa to discuss the purchase of
particular real estate where premature
disclosure could be reasonably expected to
increase the price the governmental body
would have to pay for that property.
Seconded by Council Member Nicholson.
Carved by the following vote: Yeas-Mayor
Regular Session, February 5, 1996
Transportation on the Northwest Arterial (IAI
32); andS
Whereas, the City Council of the City ofS
Dubuque approves the terms and conditionsI
of said Cooperative Agreement.O
NOW, THEREFORE, BE IT RESOLVEDN
BY THE CITY COUNCIL OF THE CITY OFO
DUBUQUE, IOWA:F
Section 1. That I.D.O.T. Agreement #96-A
16-106 consisting of a Cooperative AgreementR
with the Iowa Department of TransportationE
and the Dubuque Metropolitan AreaV
Transportation Study for the construction ofI
the two southbound lanes of the NorthwestT
Arterial from its junction with U.S. 20 to JohnA
F. Kennedy Road be approved.LI
Section 2. That the Mayor be authorizedZ
and directed to execute three copies of theE
Cooperative Agreement and forward theI
executed copies to the Iowa Department ofO
Transportation and the Dubuque MetropolitanW
Transportation Study for their approval.A
Passed, approved and adopted this 5th day'S
of February, 1996.S
Terrance M. Duggan, MayorO
Attest: Mary A. Davis, City ClerkU
Council Member Krieg moved adoption ofN
the Resolution. Seconded by Council MemberD
Nicholson. Carried by the following vote:E
Yeas—Mayor Duggan, Council MembersC
Buol, Krieg, Michalski, Nicholson, Robbins,O
Voetberg. Nays—None.N
O
City Manager recommending endorsementM
of a RISE grant application to improve RadfordY
Road South of Pennsylvania Ave., presented(
and read. Council Member Buol moved thatR
the communication be received and filed.I
Seconded by Council Member Nicholson.S
Carried by the following vote: Yeas—MayorE
Duggan, Council Members Buol, Krieg,)
Michalski, Nicholson, Robbins, Voetberg.A
Nays—None.P
P
RESOLUTION NO. 43-96LI
RC
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Regular Session, February 5, 1996
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RWhereas, The City of Dubuque believes
Ethat economic development opportunities
Crequire developable industrial land with
Oadequate public infrastructure in order to
Nretain and attract new job creating businesses
Sand industries to this community; and
TWhereas, the City of Dubuque, in
Rassociation with the Greater Dubuque
UDevelopment Corporation, is actively seeking
Cto market existing vacant development sites
Talong Radford Road; and
IWhereas, the City of Dubuque, as part of
Oan industrial park development feasibility
Nstudy, is considering the expansion of the
Oexisting Dubuque Industrial Center westward
Ffrom Radford Road; and
RWhereas, Dubuque In-Futuro, Inc., the
Anon-profit co-developer of the Dubuque
DIndustrial Center, is negotiating the sale of
Fdevelopable property which requires access to
Oan improved Radford Road; and
RWhereas, the Iowa Department of
DTransportation, through its Revitalize Iowa's
RSound Economy (RISE) program's
OCompetitive Rating Funding, has monies
Aavailable for the development of public
Droadways to support future economic
Fdevelopment opportunities.
RNOW, THEREFORE, BE IT RESOLVED
OBY THE CITY COUNCIL OF THE CITY OF
MDUBUQUE, IOWA:
CSection 1. That the City of Dubuque hereby
Hendorses the application to the Iowa
ADepartment of Transportation for RISE
Vfunding to improve Radford Road from
AChavanelle Road north to Pennsylvania
NAvenue.
ESection 2. That the City of Dubuque
Lhereby certifies that Radford Road is currently
Ldedicated to public use and will remain so
Ededicated to public use.
RSection 3. That the City of Dubuque
Ohereby assumes responsibility for and ongoing
Amaintenance of Radford Road and ensures
Dthat the roadway will be adequately maintained
Nin the future.
OSection 4. That the City Manager is
Rauthorized to sign, on behalf of the City
TCouncil the application for RISE funding.
H
Regular Session, February 5, 1996
Passed, approved and adopted this 5th dayO
of February, 1996.L
Terrance M. Duggan, MayorU
Attest: Mary A. Davis, City ClerkT
Council Member Buol moved adoption ofI
the Resolution. Seconded by Council MemberO
Nicholson. Carried by the following vote:N
Yeas—Mayor Duggan, Council MembersO
Buol, Krieg, Michalski, Nicholson, Robbins,F
Voetberg. Nays—None.I
N
City Manager requesting authorization toT
negotiate and execute an agreement toE
transfer ownership of 1969 AmericanN
LaFrance pumper to the Antique Fire Club,T
presented and read. Council MemberI
Nicholson moved that the request beO
approved. Seconded by Council MemberN
Robbins. Carried by the following vote:T
Yeas—Mayor Duggan, Council MembersO
Buol, Krieg, Michalski, Nicholson, Robbins,D
Voetberg. Nays—None.I
S
City Manager recommending not to supportP
nomination of the Julien Dubuque Bridge toO
the National Register of Historic Places,S
presented and read. Council MemberE
Voetberg moved that the communication beO
received and filed and resolved to support theF
City Manager's recommendation. SecondedC
by Council Member Nicholson. Carried by theI
following vote: Yeas—Mayor Duggan, CouncilT
Members Buol, Krieg, Nicholson, Robbins,Y
Voetberg. Nays—Council Member Michalski.-
O
City Manager recommending procedureW
regarding signatures on certificates forN
subdivision plats, presented and read.E
Council Member Nicholson moved that theD
recommendations be approved. Seconded byP
Council Member Robbins. Carried by theR
following vote: Yeas—Mayor Duggan, CouncilO
Members Buol, Krieg, Michalski, Nicholson,P
Robbins, Voetberg. Nays—None.E
R
City Manager submitting FY'95T
Comprehensive Annual Financial Report andY
Audit Reports, presented and read. Council,
Member Nicholson moved that theS
communication be received and filed.P
Seconded by Council Member Robbins.E
Carried by the following vote: Yeas—MayorC
Duggan, Council Members Buol, Krieg,IF
Michalski, Nicholson, Robbins, Voetberg.I
Nays—None.C
A
City Manager recommending to dispose ofL
DREAMS Program Home at 2120L
Washington St., presented and read. CouncilY
Member Nicholson moved that the,
communication be received and filed.N
Seconded by Council Member Robbins.O
Carried by the following vote: Yeas—MayorR
Duggan, Council Members Buol, Krieg,T
Michalski, Nicholson, Robbins, Voetberg.H
Nays—None.T
H
RESOLUTION NO. 44-96I
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Regular Session, February 5, 1996
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OWhereas, the City of Dubuque has
Upurchased certain real property for a family
Nparticipating in the DREAMS Program; and
TWhereas, the City has received an offer to
Ypurchase this property from a qualifying
Ohousehold; and
FWhereas, by accepting the selected offer,
Dthe City's objectives of providing first-time
Regular Session, February 5, 1996
homeownership to moderate-income buyersAdopted 1997
and rehabilitation of an abandoned home can
be realized.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OFMayor
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa,
intends to dispose of its interest in the
following legally-described property:
North Thirty Feet (N30') of Lot Three (3) in
Geissler's Subdivision in the City of Dubuque,
County of Dubuque, Iowa, according to the
recorded plat thereof.
Section 2. That the City of Dubuque, Iowa,
proposes to dispose of its interest in the
above-described real estate to Robert and
Marianne Walsh for the sum of Thirteen
Thousand Dollars ($13,000).Council Members
Section 3. That the City Council meet in theAttest:
Carnegie Stout Public Library Auditorium, 11th
and Bluff Streets, Dubuque, Iowa, at 7:00 p.m.
on the 19th of February, 1996, for the purposeCity Clerk
of holding a public hearing on the disposition
of the above-described real estate in the City
of Dubuque, Iowa.
Section 4. That the City Clerk be and she is
hereby authorized and directed to cause a
notice of such public hearing and the City
Council's intent to dispose of such property to
be published as prescribed under Iowa Code
Section 364.7.
Passed, approved and adopted this 5th day
of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved adoption
of the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None.
At 9:11 p.m., Council Member Voetberg
moved to go into Closed Session in
accordance with Chapter 21.5 1(j) 1995 Code
of Iowa to discuss the purchase of particular
real estate where premature disclosure could
be reasonably expected to increase the price
the governmental body would have to pay for
that property. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
Council reconvened Regular Session at
10:04 p.m. with statement that Staff and Legal
Dept. were given proper direction.
There being no further business Council
Member Buol moved to adjourn. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays—None. Meeting
adjourned at 10:05 p.m.
Mary A. Davis CMC
City Clerk
Approved 1997
Special Session, February 12, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
Council proceeded with the FY 1997
PROCEEDINGS
Department Budget Hearings of: Police Dept.,
City Council, City Manager, City Clerk and the
Legal Dept.
City Council, Special Session, Monday,
February 12, 1996
There being no further business, Council
Council met at 4:00 p.m., Public LibraryMember Krieg moved to adjourn the meeting.
AuditoriumSeconded by Council Member Nicholson.
Present: Mayor Duggan, Council MembersCarried by the following vote: Yeas—Mayor
Buol, Krieg, Michalski, Nicholson, Robbins,Duggan, Council Members Buol, Krieg,
City Manager Van Milligen, CorporationMichalski, Nicholson, Robbins, Voetberg.
Counsel Barry Lindahl.Nays—None. The meeting adjourned at 5:57
Absent at Roll Call: Council Member
p.m.
Voetberg.
Mary A. Davis CMC
Mayor Duggan read the call and stated this
City Clerk
is a Special Session of the City Council called
for the purpose to act upon such business
which may properly come before the Council.
Approved , 1997
At 4:03 Council Member Nicholson moved
Adopted , 1997
to go into Closed Session in accordance with
Chapter 21.5 1.(j) To discuss the purchase of
particular real estate where premature
disclosure could be reasonably expected to
Mayor
increase the price the governmental body
would have to pay for that property. Seconded
by Council Member Robbins. Carried by the
following vote:Yeas—Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins. Nays—None. Absent—Council
Member Voetberg.
Council Member Voetberg entered the
Closed Session at 4:10 p.m.
Council reconvened in Regular Session at
4:23 p.m.
Council Members
City Manager requesting approval to
Attest:
acquire two parcels of real estate from FDL
Foods, Inc. known as: The first parcel,
approx. four acres in size, consists of aCity Clerk
parking lot south and east of the corner of
Sycamore Street & 16th Street; the second
parcel, covering approx. 15 acres north of the
Facility, is bounded by Fengler St. on the
North, Kerper St. on the East, 16th St. on the
South and the railroad yard on the west,
presented and read. Council Member Krieg
moved that the communication be received
and filed and approved acquisition of property
and Mayor be directed and authorized to sign
a Letter of Agreement and City Manager to
continue to negotiate. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None.
42 Regular Session, February 19,1996
DUBUQUE
CITY COUNCIL
referred to the Legal Staff for investigation
and report. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays-None.
OFFICIAL
PROCEEDINGS
City Council, Regular Session, February
19, 1996.
Council Met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg, City Manager Michael
Van Milligen, Corporation Counsel Barry
Lindahl.
Mayor Duggan read the call and stated
this is the Regular Session of the City
Council called for the purpose to act upon
such business which may properly come
before the Council.
Invocation wras given by Bishop Fred
Minnis, Church of Jesus Christ of Latter Day
Saints.
PROCLAMATIONS-Feb.17-24 as
"National Engineers WeeK' received by
John White.
MINUTES SUBMITTED-Airport
Commission of 12-18-95; Cable Community
Teleprogramming Commission of '2-6; Civil
Service Commission of 1-8; Electrical Code
Board of 2-5; Housing Code Appeals Board
of 11-21-95; Housing Commission Trust
Fund Committee of 2-1; Investment
Oversight Commission of 1-25; Zoning
Advisory Commission of 2-7; Zoning Board
of Adjustment of 1-25; Investment Oversight
Commission submitting their quarterly report
thru 12-31.95; Finance Director submitting
Financial Reports for January, 1996, and
Proofs of Publication, certified to by the
Publisher, on List of Claims paid for month
ending December, 1995; Board of Health
and City Council printed proceedings for 1-
15, presented and read. Council Member
Voetberg moved that the minutes, reports
and proofs be received and filed. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
NOTICES OF CLAIMS/SUITS- Blake
Adams in amount of 31082.70 for vehicle
damages; Tom Bauer in unknown amount for
property damages; Duane Bries in unknown
amount for vehicle damages; John 8 Melissa
Kruse in unknown amount for property
damages; Joanne Temperly in approx.
amount of 3750.00 for personal injuries,
presented and read. Council Member
Voetberg moved that the claims and suits be
Corporation Counsel advising following
claims have been referred to Crawford &
Company, the agent for the Iowa
Communities Assurance Pool: Personal
injury of Cassandra M. Andrews; Civil Rights
of Michael J. Dobson; Personal injury of
Irene Voss, and Corporation Counsel
recommending denial of property damage
claim of Dale Chatfield, presented and read.
Council Member Voetberg moved that the
communications be received and filed and
approved referrals and specific denial.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
Corporation Counsel recommending
Settlement of Subrogation-personal injury
claim of _ Union Automobile Insurance
Company in the amount of $400.00 and
Finance Director to issue proper check,
presented and read. Council Member
Voetberg moved that the communication be
received and filed and settlement approved.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas--Mayor
Duggan,, Council Members Buol, Krieg,
Michalski, Nicholson, .Robbins, Voetberg.
Nays-None.
City Manager requesting approval of
amended motion regarding rezoning of
property at Northwest Arterial and Asbury
Road for new Asbury Plaza Shopping
Center, presented and read. Council
Member Voetberg moved that the
communication be received and approved
amended motion. Seconded by Council
Member Nicholson. Carried by the following
/ote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
REFUNDS REQUESTED-Mike Lambert
n amount of 3211.25 on unexpired Liquor
_icense, presented and read. Council
Member Voetberg moved that the refund be
approved and Finance Director to issue
xoper check. Seconded by Council Member
Nicholson. Carried by the following vote:
Peas-Mayor Duggan, Council Members
3uol, Krieg, Michalski, Nicholson, Robbins,
Jcetberg. Nays-None.
February 6, 1996
Honorable -Mayor and Members of the
:ity Council
In accordance with Chapter 400 of the
995 Code of Iowa, the Civil Service
:ommission conducted written examinations
~n December 16, 1995 for the posRion of
'OLICE OFFICER Entrance Level for the
Regular Session, February 19,1996 43
City of Dubuque. During the weeks between
January 16 and February 2, 1996, oral
interviews were conducted on eligible
applicants by an interview panel.
We hereby certify this to be the FIRST
LIST of applicants, in order of their standing,
and are to be considered for the position of
Police Officer for the City of Dubuque, Iowa.
Randel J. Roy Brian R. Votroubek
Jeremy J. Slight Corey P. Tovar
Eric M. Puccio Matthew J. Hansen
Lori J. Ferris Erik T. Lilleberg
John J. Harper Troy D. Simon
Chad R. Caszatt
,Applicants Lilleberg and Simon tied for
tenth place.
Second and third lists are available upon
exhaustion of this list.
Respectfully submitted
Tom Rawson, Chairperson
James N. Feehan, Civil .Service
Commission
Council Member Voetberg moved that this
Civil Service certification be made a matter
of record. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas--Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays-None.
City Manager advising of support of
Dubuque Countys application for RISE
funding to upgrade Seippel Road and Old
Highvray #20, presented and read. Council
Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the fallowing vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
City Manager recommending approval of
Urban Revitalization applications, presented
and read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None. Abstain-Mayor Duggan.
RESOLUTION N0.45~6
RESOLUTION APPROVING RESIDENTIAL
PROPERTY TAX EXEMPTION
APPLICATIONS SUBMITTED BY
PROPERTY OWNERS IN RECOGNIZED
URBAN REVITALIZATION AREAS AND
AUTHORIZING THE TRANSMITTAL OF
THE APPROVED APPLICATIONS TO THE
CITY TAX ASSESSOR
Whereas, the Urban Revitalization Act
allows cities to give property tax exemptions
for improvements made to properties in
designated revitalization areas; and
Whereas, the Urban Revitalization Act
requires property owners to submit a written
application for exemption by February 1st of
the assessment year for which the exemption
is first claimed, and further requires the City
Council to approve all applications that meet
the requirements of the adapted Urban
Revitalization Plan and forward the approved
applications to the City Assessor for review
by March 1st of each year; and
Whereas, pursuant to the requirements of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Cathedral Gardens, Jackson Park, Holy
Trinity, Washington Street, West 11th Street,
Windsor Park, Sacred Heart Place, and
Upper Main; and
Whereas, the City Clerk of the City of
Dubuque, as of February 1, 1996, received
tax exemption applications from the following
property owner for property located within the
established urban revitalization district:
Washinaton Street Urban Revitali wtinn
District:
John and Mary Wagner for improvements
at 1741 Washington Street
George and Mary Coffin for improvements
at 1699 Washington Street
John Perry for improvements at 1814
White Street
David Welu for improvements at 1715
Central Avenue
Michael and Elizabeth Mihalakis for
improvements at 1756 Jackson Street
West 11th Street Urban Revitalization
District:
James and Julie Gross for improvements
at 1155 Grove Terrace
Michael Mulgrew for improvements at
1694, 1696, 1698 Catherine Street and 590
West 17th Street
Gregory and Lisa Ronek for
improvements at 1130 Race Street
Susan K Riedel for improvements at
1330 Belmont Street
Joan and David Noon for improvements
at 1245 Grove Terrace
Tom Weig for improvements at 450 West
16th Street
Terrance Maiers for improvements at
1155 and 1167 Walnut Street
Susan Sherman for improvements at 324
Lowell Street
llooer Main Llrban Revitalisation Dictri k
Twin Sisters Partnership for
improvements at 11th acid Main Streets
TFC Company for improvements at 1100,
1110, 1120 and 1130 Main Street
Whereas, the Community and Economic
Development Department and the Housing
Services Department have reviewed the
above described applications and inspected
the properties, and have determined that the
applications and the improvements conform
to all requirements of the City of Dubuque's
Urban Revitalization Plah.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax
exemption applications meet the
requirements of the City of Dubuque's Urban
RevRalization Program.
Section 2. That the above described tax
exemption applications are hereby approved
~y the City Council, subject to the reviewand
he approval of the City Assessor.
Section 3. That the City Clerk of the City
N Dubuque is hereby authorized to forward
44 Regular Session, February 19,1996
i
the above described tax exemption
applications to the City Assessor Section 2. That the above described tax
.
Passed, approved and adopted this 19th exemption application is hereby approved by
the City Council, subject to the review and
day of February, 1996.. the approval of the City Assessor.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk Section 3. That the City Clerk of the City
of Dubuque is hereby authorized to forward
Council Member Voetberg moved
adoption of the Resolution. Seconded by the above described tax exemption
application to the City Assessor.
Council Member Nicholson. Carried by the Passed, approved and adopted this 19th
following vote: Yeas-Council Members day of February, 1996.
Buol, Krieg, Michalski, Nicholson, Robbins, Terrance M. Duggan
Mayor
~, Voetberg. Nays-None. Abstain-Mayor
Duggan ,
Attest: Mary A. Davis, City Clerk
. Council Member Voetberg moved
RESOLUTION N0.46~1i adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
RESOLUTION APPROVING RESIDENTIAL following vote: Yeas-Council Members
PROPERTY TAX EXEMPTION Buol, Krieg, Michalski, Nicholson, Robbins
APPLICATION SUBMITTED AFTER THE ,
Voetberg. Nays-None. Abstain-Mayor
LEGISLATED FILING DATE BY Duggan.
PROPERTY OWNER IN A RECOGNIZED
URBAN REVITALIZATION AREA AND City Manager recommending acceptance
AUTHORIZING THE TRANSMITTAL OF of contract for Dubuque Greyhound Park 8
THE APPROVED APPLICATION TO THE Casino-Entry Ramp and Stair construction,
CITY TAX ASSESSOR presented and read. Council Member
Whereas, the Urban Revitalization Act
as Voetberg moved that the communication be
,
enacted by the 68th General Assembly of the received and filed. Seconded by Council
State of Iowa, allows cRies to give property Member Nicholson. Carried by the following
~ tax exemptions for improvements made to -vote: Yeas-Mayor Duggan, Council
ano
perties in designated revitalization areas; Members Buol, Krieg, Michalski, Nicholson,
d Robbins, Voetberg. Nays-None.
Whereas, the Urban Revitalization Act
requires property owners to submd a written RESOLUTION N0.47~6
application for exemption by February 1st of ACCEPTING IMPROVEMENT
the assessment year for which the exemption Whereas, the contract for the Dubuque
is first claimed, yet provides for the Greyhound Park and Casino -Entry Ramp
acceptance, by Resolution of the City and Stair has been completed and the City
Council, of applications filed beyond the Manager has examined the work and filed
legislated deadline; and his certificate stating that the same has been
Whereas, the City Clerk of the City of completed according to the terms of the
Dubuque received tax exemption contract, plans and specifications and
applications for improvements made in recommends it acceptance.
previous years from the following property NOW THEREFORE, BE IT RESOLVED
owners for properties located within the BY THE CITY COUNCIL OF THE CITY OF
established urban revitalization district: DUBUQUE, IOWA:
West 11th Street Urban Revitalization Section 1. That the recommendation of
l21;:Sd~L the City Manager be approved and that said
Michael Mulgrew for improvements made improvement be and the same is hereby
in 1989 at 1694, 1696, 1698 .Catherine accepted.
Street and 590 West 17th Street BE IT FURTHER RESOLVED that the
Thomas W. Gavin for improvements City Treasurer be and he is hereby directed
made in 1993 at 1341 Cummins Street to pay to the contractor from Greyhound Park
Y~lashlnaton Stree- Urban Revitalisation Depreciation and Improvement Fund in
District amount equal to the amount of his contract
George and Mary Coffin for improvements ,
less any retained percentage provided for
made in 1992, at 1699 Washington Street therein.
Whereas, the Community and Economic Passed, approved and adopted this 19th
Development Department and the Housing day of February, 1996.
Services Department have reviewed the Terrance M. Duggan, Mayor
above described application and inspected Attest: Mary A. Davis, City Clerk
the property, and have determined that the Council Member Voetberg -moved
application and the improvements conform to adoption of the Resolution:.. Seconded by
all requirements of the City of Dubuque's Council Member Nicholson. Carried by the
Urban Revitalization Plan and its policy following vote: Yeas-Mayor. Duggan,
regarding the acceptance of late filings. Council Members Buol, Krieg, Michalski
NOW, THEREFORE, BE IT RESOLVED ,
Nicholson, Robbins, Voetberg. Nays-None.
BY THE CITY COUNCIL OF THE CITY OF
DUBUOUE, IOWA: RESOLUTION NO. 486
Section 1. That the above-described tax FINAL ESTIMATE
exemption applications meet the Whereas, the contract for the Dubuque
requirements of the City of Dubuque's Urban Greyhound Park and Casino -Entry Ramp
Revitalization Program. and Stair has been completed and the City
Engineer has submitted his final estimate
Regular Session February 19,1996 45
.showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to be
$49,792.00 and the said amount shall be
paid from the Greyhound Park Depreciation
and Improvement Fund of the City of
Dubuque, Iowa.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas--Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
City Manager recommending approval of
Project Agreement for Transportation
Enhancement Program Project, presented
and read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays-None.
RESOLUTION N0.49~6
RESOLUTION APPROVING AN
AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION
FOR THE OLD MAIN FREEWAY
FRONTAGE IMPROVEMENT PROJECT
Whereas, the City of Dubuque has been
awarded a $403,950 grant for the Old Main
Freeway Frontage Improvement
Transportation Enhancement Project; and
Whereas, the City Council has approved
a local match of $120,988 in Tax Increment
Finance funds for this project; and
Whereas, the Iowa Department of
.Transportation (IDOT) requires approval of
an agreement for this project.
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 submft this agreement
to the Iowa Department of Transportation.
Section 2. That the City of Dubuque
hereby agrees to abide by the terms of this
said Agreement with IDOT.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
City Manager recommending to continue
contract for Childhood Lead Poisoning
Prevention Grant, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
RESOLUTION 506
A RESOLUTION AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SIGN A
CONTRACT WITH THE IOWA
DEPARTMENT OF PUBLIC HEALTH FOR
CONTINUATION OF FUNDING A LOCAL
CHILDHOOD LEAD POISONING
PREVENTION PROGRAM.
Whereas, the City of Dubuque has
established such a local childhood lead
poisoning prevention program; and
Whereas, the Iowa Department of Public
Health has offered to provide financial
support for additional equipment needs for a
local childhood lead poisoning prevention
program in the City of Dubuque; and
Whereas, the City of Dubuque will provide
environmental and medical case
management of identified lead poisoned
children in addition to community outreach
and education on the problem of childhood
lead poisoning.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa
hereby approves the attached contract
between the Iowa Department of Public
Health and the City of Dubuque, Iowa.
Section 2. That the City Manager or his
iesignee is hereby authorized and directed
o execute said contract on behalf of the City
~f Dubuque, Iowa.
Passed, approved and adopted this 19th
iay of February, 1996.
Terrance M. Duggan, Mayor
fittest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
:ouncil Member Nicholson. Carried by the
ollowing vote: Yeas-Mayor Duggan,
:ouncil Members Buol, Krieg, Michalski,
Jicholson, Robbins, Voetberg. Nays-None.
City Manager submitting names of
lepository institutions for City Funds,
presented and read. Council Member
/oetberg moved that the communication be
eceived and filed. Seconded by Council
Aember Nicholson. Carved by the following
ote: Yeas-Mayor Duggan; Council
Members Buol, Krieg, Michalski, Nicholson,
;obbins, Voetberg. Nays-None.
RESOLUTION NO. 516
RESOLUTION NAMING DEPOSITORIES
RESOLVED, that the City Council of the
~ity of Dubuque, lov~ra in Dubuque County,
rvra, approves the following list of financial
istftutions to be depositories of the City of
Dubuque, lov~ra funds in conformance with all
pplicable provisions of lawn Code Chapter
53.2 The City Treasurer is hereby
46 Regular Session, February 19,1996
authorized to deposit the City of Dubuque,
Iowa, funds in amounts not to exceed the
maximum approved for each respective
financial institution as set out below.
Depository Location of Maximum
Name Home Office Balance
American Trust & Savings Bank
Dubuque, Iowa. .$40,000,000
Dubuque Bank & Trust Co. Dubuque, Iowa
$40,000,000
Hawkeye Bank of Dubuque, N.A.
Dubuque, Iowa $40,000,000
Firstar Bank, FSB
Dubuque, Iowa $10,000,000
DUPACO Community Credit Union
Dubuque, Iowa $10,000,000
CERTIFICATION. I hereby certify that the
foregoing is a true and correct copy of a
resolution of the City Council of Dubuque,
Iowa adopted at a meeting of said public
body, duly called and held on the 19th day of
February, 1996, a quorum being present, as
said resolution remains a record in the
minutes of said meeting, and it is now in full
force and effect.
Dated this 20th day of February, 1996.
RESOLUTION NO. 51-96.
Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
City Manager submitting letter to be sent
to legislators on underfunding of State
Replacement Taxes, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Duggan, Council. Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
City Manager submitting letter to be sent
to State Senators and Legislators on Access
to Criminal History Records, presented and
read. Council Member Voetberg moved that
the communication be received and filed
and directed the Manager to mail the letter.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
RESOLUTION NO. 526
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the, following having complied with
the provisions of law relating to the sale
of Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigarettes
-and Cigarette Papers wfthin said City.
TBTB, Inc. Cedar Cross AMOCO
1010 Cedar Cross Place
Tri-State Golf Center, Inc.
1095 Cedar Cross Rd.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
RESOLUTION N0.536
Whereas, applications for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE,' IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Kids World Pizza Place and Fun Center Inc.
Kids World Pizza Inc. (+Sunday Sales)
3033 Asbury Rd.
CLASS "C"BEER PERMITS
Molo Oil Company Big 10 Mart (+Sunday
Sales) 2100 J.F.K. Rd
T B T B, Inc. Cedar Cross Amoco
(+Sunday Sales)
1010 Cedar Cross Place
TFM Co. Oky Doky#2 (+Sunday Sales)
51 W. 32nd St.
CLASS "BE" BEER-WINE PERMIT
Nash-Finch Company
Econofoods #471 (+Sunday Sales)
3355 JFK Circle
Passed, approved and adopted this 19th
day of February, 1995.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
RESOLUTION NO. 54;6
Whereas, applications for Liquor Licenses
have been submitted to this CounciLfor
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Laws and all City
Ordinances relevant thereto and they have
filed proper bonds. -
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
8 LIQUOR LICENSES
Chi-Chi's Inc.- Chi-Chi's Mexican Restaurant
(+Sunday Sales) 800 Wacker Dr.
Marvin Rapp Cue Master Billiards
Regular Session, February 19 1996 47
(+Sunday Sales) 900 Central Ave.
Crary Horse Saloon Crary Horse Saloon
665 Dodge St.
Hey Joe, Inc.
The Corner Pocket (+Sunday Sales)
2095 Kerper Blvd.
Pusateri Enterprise Pusateri's
(+Sunday Sales) 2400 Central Ave.
The Apartments, Ltd. Dubuque Mining Co.
(+Sunday Sales) Kennedy Mall
Passed, approved and adopted this 19th
day of February, 1995.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
Holiday Inn Five Flags requesting Outdoor
Service on their Liquor License, presented
and read. Council Member Voetberg moved
that the request be approved. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
City Manager submitting letter of support
and endorsement of the 1996 event called
Kaleidoscope: Artreach Alley, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-~vlayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
Pregler. Council Member Krieg voted for
Pregler. Council Member Michalski voted for
Pregler. Council Member Nicholson voted for
Pregler. Council Member Robbins voted for
Pregler. Council Member Voetberg voted for
Pregler. Therefore Wager Pregler
reappointed to the At Large term expiring 2-
15-99.
HOUSING CODE OF APPEALS BOARD
- Applicants John Bennett and Thomas
Hannan. Council Member Voetberg moved
that John Bennett and Thomas Hannan be
reappointed to terms that will expire 1-11-99.
Seconded by Council Member Buol. Carried
by the following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
LIBRARY BOARD: Appointment by
Mayor with Concurrence of Council.
Applicants Kristen Smith and Teri Zuccaro.
Mayor nominated Kristin Smith. Council
Member Krieg moved that they concur with
the Mayor's nomination of Kristin Smith to fill
the unexpired Library Board of Trustees term
which will expire 7-1-97. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
Council Member Voetberg moved that the
rules be suspended to allow anyone present
to address the Council if they so desire.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
BOARDS AND COMMISSIONS
AIRPORT ZONING COMMISSION:
Applicant Jeff Stiles. Council Member
Voetberg moved that Jeff Stiles be
appointed to a term which will expire 1-3-
2002. Seconded by Council Member Buol.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
.COMMUNITY DEVELOPMENT
COMMISSION:
Applicants: Neil Kelley -Census Tract #2;
Andrea Shickles -Census Tract #5.
Council Member Voetberg moved that
Neil Kelley and Andrea Schickles be
reappointed to represent their respective
tract for terms that will expire 2=15-99.
Seconded by Council Member Michalski.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
COMMUNfTY DEVELOPMENT - AT LARGE
-Applicants: John Davis, Thomas Kersch,
and Walter Pregler. Vote upon the motion
was as follows: Mayor Duggan voted for
Pregler. Council Member Buol voted for
Proof of Publication certified to by the
Publisher on Notice to dispose of property at
2120 Washington St. and City Manager
recommending approval of sale, presented
and read. Council Member Voetberg moved
that the proof and communication be
received and filed.. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
Robert and Marianne Walsh expressed
,heir appreciation for the opportunity to
wrchase the property.
RESOLUTION NO. 556
2ESOLUTION APPROVING THE
)ISPOSAL OF CITY-0WNED PROPERTY,
iPECIFICALLY, THE- NORTH. THIRTY
=EET (N30') OF LOT THREE (3) IN
3EISSLER'S SUBDIVISION IN THE CITY
)F DUBUQUE, COUNTY OF DUBUQUE,
OWA, ACCORDING TO THE RECORDED
'LAT THEREOF, ALSO KNOWN AS 2120
NASHINGTON STREET, TO ROBERT AND
~1ARIANNE WALSH.
Whereas, pursuant to a notice, duly
iublished in the Telegraph Herald
iewspaper, the City Council of Dubuque,
owa, met on the 19th day of February, 1996,
'~, 48 Regular Session, February 19, 1996
I
! at 7:00 p.m. in the Carnegie Stout Public not currently served by the sanitary sewer
Library Auditorium, 11th and Bluff Street, system; and
Dubuque, Iowa, to consider the proposal to Whereas, there has been presented to
dispose of City-owned real estate located at the City Council aproposed Sanitary Sewer
2120 Washington Street which property is Extension Policy which establishes
', legally described as follows:
The North Thirty Feet (N30') of Lot Three (3)
' parameters for City financial participation in
the construction of interceptor and collector
in Geissler
s Subdivision in the City of sewers and provides for the creation of
Dubuque, County of Dubuque, Iowa, sewer connection fees; and
according to the recorded plat thereof. Whereas, the City Council has reviewed
Whereas, such property is proposed to be and approves the proposed Sanitary Sewer
sold to Robert and Marianne Walsh in Extension Policy.
consideration for Thirteen Thousand Dollars NOW, THEREFORE, BE IT RESOLVED
($13,000); and BY THE CITY COUNCIL OF THE CITY OF
Whereas, the City Council of the City of DUBUQUE, IOWA:
Dubuque, Iowa, has overruled any and all Section 1. That the attached Sanitary
objections, oral and written, to the proposal Sewer Extension Policy establishing the
to dispose of the interest of the City of parameters for City financial participation in
Dubuque, Iowa, in the herein and above- the construction of interceptor and collector
named real estate to the above-named sanitary sewers be approved.
grantees. Passed, approved and adopted this 19th
NOW, THEREFORE, BE IT RESOLVED day of February, 1996.
BY THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan
Mayor
DUBUQUE, IOWA: ,
Attest: Mary A. Davis, City Clerk
Section 1. That the disposal of the Council Member Krieg moved adoption of
interest of the City of Dubuque in the above- the Resolution. Seconded by
Council
described property to Robert and Marianne .
Member Robbins. Carried by the following
Walsh is hereby approved.
Section 2. That the Mayor be and he is vote: Yeas-Mayor Duggan, Council
Members Buol; Krieg, Michalski
Nicholson
hereby authorized and directed to execute a ,
,
Robbins, Voetberg. Nays-None.
Quit Claim Deed, and that the City Clerk be
and she is hereby directed and authorized to RESOLUTION NO
576
deliver such Deed, conveying the above
described real estate to the above-named .
RESOLUTION ADOPTING PLANS AND
grantee. SPECIFICATIONS
Passed, approved and adopted this 19th Whereas, on the 10th day of January,
1996, plans
specifications
form of contract
day of February, 1996.
Terrance M. Duggan
Mayor ,
,
and estimated cost were filed with the City
Cl
,
Attest: erk of Dubuque, Iowa for the
Mary Davis, City Clerk Kennedy/Bonson Road Sanitary Sewer
Interceptor Sewer Extension
Council Member Voetberg moved
adoption of the Resolution. Seconded by .
Whereas, notice of hearing on plans,
if
i
Council Member Nicholson. Carried by the
f
l spec
icat
ons, form of contract, and
estimated cost was published as required by
o
lowing vote: Yeas-f~Aayor Duggan, la,,v
Council Members Buol, Krieg, Michalski,
Nicholson
Robbins
Voetberg
Na
s-Non .
NOW THEREFORE, BE IT RESOLVED
,
,
.
y
e. BY THE CITY COUNCIL OF THE CITY OF
, Proof of publication certified to b the
Y DUBUQUE, IOWA:
That the said plans
specifications
form of
Publisher on Notice of Hearing on Plans &
Spec. for construction of Kennedy/Bonson ,
,
contract and estimated cost are hereby
Road Sanitary Interceptor Sewer Extension approved as the plans, specifications, form
of contract and estimated cost for said
and Proof of publication certified to by the
Publisher on Notice to Bidders on Receipt of improvements for said project.
Bids, and City Manager requesting approval Passed, adopted and approved this 19th
day of February
1996
of Sanitary Sewer extension policy,
presented and read. Council Member ,
.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis
City Clerk
Voetberg moved that the proof and
communication be received and filed ,
Council Member Krieg moved adoption of
.
Seconded by Council Member Nicholson.
C the Resolution: Seconded by Council
Member Robbins. Carried by the following
arried by the following vote: Yeas-Nlayor
Duggan, Council Members Buol
Krieg vote: Yeas-fvlayor Duggan, Council
M
,
,
Michalski, Nicholson, Robbins, Voetberg. embers Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg
Nays-None
Nays-None. .
.
RESOLUTION NO
56J6 City Manager recommending to award
.
RESOLUTION ADOPTING A SANITARY contract for project, presented and read.
received and filed. Council Member Krieg
SEWER EXTENSION POLICY OF THE
CITY OF DUBUQUE moved that the communication be received
Whereas, the City Council is desirous of and filed. Seconded by Council Member
Robbins. .Carried by the following vote:
promoting orderly growth through the
extension of sanitary sewer service to areas Yeas-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
~ Voetberg. Nays-None.
Regular Session, February 19,1996 49
RESOLUTION NO.58~6
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the
Kennedy/Bonson Road Sanftary Interceptor
Sewer Extension pursuant to Resolution No.
26-96 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the 25th day of January, 1996.
Whereas, said sealed proposals were
opened and read on the 8th day of February,
1996 and it has been determined that the bid
of Connolly Construction of Peosta, Iowa in
the amount of $109,572.86 was the lowest
bid for the furnishings of all labor and
materials and performing the work as
provided for in the plans and specifications.
NOW THEREFORE, BEJT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Connolly
Construction and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and
the approval of the contractor's bond, the
City Treasurer is authorized and instructed to
return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
City Manager requesting approval of
contract of service with Northeast Iowa Small
Business Development Center, presented
and read. Council Member Buol moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays-None:
RESOLUTION NO.59~6
RESOLUTION APPROVING A CONTRACT
FOR SERVICES TO PROVIDE AN
ENTREPRENEURSHIP TRAINING
PROGRAM AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID
CONTRACT WITH THE NORTHEAST IOWA
SMALL BUSINESS DEVELOPMENT
CENTER
Whereas, the City of Dubuque, Iowa, has
identified the need for expanded economic
opportunities for low and moderate income
persons; and
Whereas, the Clty's Consolidated Plan for
Housing and Community Development has
recommended an Enterprise Opportunity
Program to assist low and moderate income
entrepreneurs; and
Whereas, the current City budget has
allocated Community Development Block
Grant funds for an Enterprise Opportunity
Program to provide training and loans for low
and moderate income persons to become
self-sufficient through self~mployment; and
Whereas, the Northeast Iowa Small
Business Development Center has certified
staff tc provide entrepreneurship training to
individuals interested in starting their own
business.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a cohtract for services
with the Northeast Iowa Small Business
Development Center to provide
entrepreneurship training for low and
moderate income persons in hereby
approved.
Section 2. That the City Manager is
hereby authorized to execute, on behalf of
the City Council of Dubuque, Iowa, a
contract with the Northeast Iowa Small
Business Development Center for consultant
services not to exceed $10,500.
Passed, approved and adopted this 19th
iay of February, 1996.
Terrance M. Duggan, Mayor
fittest: Mary A. Davis, City Clerk
Council Member Buol moved adoption of
he Resolution. Seconded by Council
Member Nicholson. Carried by the following
rote: Yeas-Mayor Duggan, Council
Aembers Buol, Krieg, Michalski, Nicholson,
tobbins, Voetberg. Nays-None.
City Manager recommending approval of
~echnical Amendments to "Human
telations" Ordinance, presented and read.
:ouncil Member Voetberg moved that the
ommunication be received and filed.
econded by Council Member Nicholson.
~arried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
lichalski, Nicholson, Robbins, Voetberg.
ays-None.
An Ordinance Amending City Code of
Ordinances providing for certain
amendments to Chapter 27 regarding
"Human Relations," presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE N0.7~6
AN ORDINANCE AMENDING THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY DELETING
SECTION 27-19 "OFFICERS," AND
SUBSTITUTING A NEW SECTION 27-19
ENTITLED "OFFICERS;" BY DELETING
SECTION 271 "AIDING OR ABETTING,"
AND SUBSTITt1TING A NEW SECTION 27-
51 ENTITLED, "AIDING OR ABETTING;"
BY ENACTING A NEW SECTION 279
ENTITLED "SEXUAL HARASSMENT
VICTIM PROTECTION;" BY DELETING
SECTION 27-111 "PERSONS WHO MAKE,
EXECUTION AND FILING OF
COMPLAINTS" AND ENACTING A NEW
50 Regular Session, February 19,1996
SECTION 27-111 ENTITLED "FILING
COMPLAINTS;" BY DELETING SECTION
27-118 "PROVISIONAL REMEDIES" AND
ENACTING A NEW SECTION 27-118
ENTITLED "PROVISIONAL REMEDIES;"
BY DELETING SECTION 27-140(c)(1)
"RELIEF WHICH MAY BE GRANTED,"
AND SUBSTITUTING A NEW SECTION 27-
140(c)(1) ENTITLED "RELIEF. WHICH MAY
BE GRANTED;" BY DELETING SECTION
27-140(f)(1) "CIVIL ACTION FOR
ENFORCEMENT WHEN ELECTION IS
MADE FOR SUCH CIVIL ACTION;" BY
DELETING SECTIONS 27-142(b)(2) AND
27-142(b)(6) "ENFORCEMENT BY THE
LEGAL DEPARTMENT"
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, be amended by
deleting section 27-19 entitled "Officers."
Section 2. That the Code of Ordinances
of the City of Dubuque, be amended by
enacting a new section 27-19 entitled
"Officers" as follows:
Section 27-19. Officers
The commission created by this article
shall elect from its own membership, at its
regular March meeting, its chairperson and
vice-chairperson, each to serve a term of
one year. The chairperson shall appoint a
secretary, who need not be a member of the
commission. The commission shall fill
vacancies among its officers for the
remainder of the unexpired term.
Section 3. That the Code of Ordinances
of the City of Dubuque, be amended by
deleting section 17-51 entitled "Aiding or
Abetting :'
Section 4. That the Code of Ordinances
of the City of Dubuque, be amended by
enacting a new section 27-19 entitled "Aiding
or Abetting" as follows:
Section 27-51. Aiding or abetting.
It shall be unfair or discriminatory practice
for:
(1) Any person to intentionally aid, abet,
compel or coerce another person to engage
in any of the practices declared unfair or
discriminatory by this Chapter.
(2) Any person to discriminate against
another person in any of the rights protected
against discrimination on the basis of race,
creed, color, sex, national origin, familial
status, religion, age, disability or marital
status by this Article because such person
has lawfully opposed any practice forbidden
under this Article, obeys the provisions of
this Article, or has filed a complaint, testified
or assisted in any proceeding under this
Chapter.
(3) Any person to discriminate against
another person because of the person's
relationship or association with a person
protected under this Chapter:
Section 5. That the Code of Ordinances
of the City of Dubuque, be amended by
enacting a new Section 27-53 entitled
"Sexual harassment victim protection" as
;; follows: Section 27-53. Sexual
harassment victim protection.
Evidence concerning the past sexual
behavior of an alleged victim of sexual
harassment shall not be admissible in any
proceeding before the commission.
Section 6. That the Code of Ordinances
of the City of Dubuque, be amended by
deleting Section 27-111 entitled "Persons
who make, execution and filing of
complaints:'
Section 7. That the Code of Ordinances
of the City of Dubuque, be amended by
enacting a new Section 27-111 entitled
"Filing Complaints" as follows:
Section 27-111. Filing complaints.
(1) All persons claiming to be aggrieved by a
discriminatory or unfair practice wfthin this
city may, by themselves, make, sign, and file
with the commission a verified, written
complaint in triplicate which shall state the
name and address of the person, employer,
employment agency, or labor organization
alleged to have committed the discriminatory
or unfair practice of which complained, shall
set forth the particulars thereof, and shall
contain such other information as may be
required by the commission. The
commission, a commissioner, or the city
attorney may in like manner make, sign, and
file such complaint.
(2) A person who has tested positive for
Human Immunodeficiency Virus or who has
a diagnosis of Acquired Immune Deficiency
Syndrome or a person who is perceived to
have Human Immunodeficiency Virus or
Acquired Immune Deficiency may file a
disability charge utilizing "John Doe," "Jane
Doe" or a coded number to protect the
person's identity. The name of the charging
party shall be disclosed to the respondent. It
shall be a discriminatory practice for any
person to disclose the name of the coded
person or information that would lead to that
person's identity.
Section 8. That the Code of Ordinances
of the City of Dubuque, be amended by
deleting Section 27-118 entitled "Provisional
Remedies:'
Section 9. That the Code of Ordinances
of the City of Dubuque, be amended by
enacting a new Section 27-118 entitled
"Provisional remedies" as follows:
Section 27-118. Provisional remedies.
If, any time after the filing of a complaint,
it shall appear to the commission that there
is reason to believe that the party charged
has violated this chapter and there is reason
to believe that the person charged is about to
commit acts which would make impossible.
compliance wfth an order of the commission
to alleviate the grievance, or it appears that
a complainant may suffer irreparable injury
as a result of alleged violation, the
commission's attorney may seek a temporary
injunction restralning the party charged from
doing these acts pending completion of the
proceedings under this chapter. A temporary
injunction may be issued only after the
respondent has been notified and afforded
the opportunity to be heard, except that an
ex parte temporary injunction may be issued
when the .complainant alleges housing
discrimination.
Regular Session, February 19,1996 51
Section 10. That the Code of Ordinances
of the City of Dubuque, be amended by
deleting Section 27-140(c)(1) entitled "Relief
which may be granted."
Section 11. That the Code of Ordinances
of the City of Dubuque, Iowa, be amended by
enacting a new Section 27-140(c)(1) entitled
"Relief which may be granted" as follows:
(c) Relief which may be granted.
(1) Upon the fling of a petition under section
27-135, the court may, pursuant to Section
216.17 of the Iowa Code:
a. Grant to the petitioner, or any other party,
.such temporary relief, restraining order, or
other order as the court deems just and
proper;
b. Affirm, modify or set aside, in whole or in
part, the order, or remand the order far
further proceedings; and
c. Enforce such order to the extent that such
order is affirmed or modified.
Section 12. That the Code of Ordinances
of the City of Dubuque, be amended by
deleting Section 27-140(f)(1) entitled "Civil
action for enforcement when election is
made for such civil action."
Section 13. That the Code of Ordinances
of the City of Dubuque, be amended by
enactinga new Section 27-140(()(1) entitled
"Civil action for enforcement when election is
made for such civil action" as follows:
(() Civil action for enforcement when election
is made for such civil action.
(1) If an election is made under subsection
27-136(c), the commission shall authorize,
end not later than thirty (30) days after the
election is made, the legal department shall
commence and maintain a civil action on
behalf of the aggrieved person in the Iowa
district court in and for Dubuque County
seeking .relief under this subsection in
accordance with Section 216.16A of the Iowa
Code.
Section 14. That the Code of Ordinances
of the City of Dubuque, be amended by
deleting Section 27-142(b)(2) entitled
"Enforcement by the legal department "
Section 15. That the Code of Ordinances
of the City of Dubuque, be amended by
enacting a new Section 27-142(b)(2) entitled
"Enforcement by the legal department" as
follows:
(2) A civil action under this subsection may
be commenced no later than the expiration
of the two (2) years after the date of the
occurrence of the termination of the alleged
discriminatory housing practice as provided
in Section 216.16A of the Iowa Code.
Section 16. That the Code of Ordinances
of the City of Dubuque, be amended by
deleting Section 27-142(b)(6) entitled
"Enforcement by the legal department."
Section 17. That the Code of Ordinances
of the City of Dubuque, be amended by
enacting a new Section 27-142(b)(6) entltled
"Enforcement by the legal department" as
follows:
(6) Relief which may be granted in civil
actions under subsection (a) and (b) in
accordance with Section 216.17A of the Iowa
Code.
a. In a civil action under subsectioh (a) or (b),
the court:
1. May award such preventive relief,
including a permanent or temporary
injunction, restraining order, or other order
against the person responsible for a violation
of this article as is necessary to assure the
full enjoyment of the rights granted by this
article.
2. May award such other relief as the court
deems appropriate, including monetary
damages to person aggrieved; and
3. May, to vindicate the public interest,
assess a civil penalty against the
respondent:
(I) In an amount not exceeding fifty thousand
dollars ($50,000) for a first violation; and
(ii) In an amount not exceeding one hundred
thousand dollars ($100,000) far any
subsequent violation.
Section 18. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 1st day of March,
1996.
1 t 3/1 Mary A. Davis, City Clerk
Council Member Voetberg moved that the
requirement that a proposed Ordinance be
considered and voted on'for passage at two
Council Meetings prior to the meeting at
which lt is to be finally passed be suspended.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None. Council Member Voetberg
moved final consideration and passage of
the Ordinance. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
City Manager advising consultant for the
Downtown Traffic Circulation Study will make
presentation on their preliminary findings.
Representatives from Ament Engineering
Asso. Inc. made a presentation.
City Manager requesting public hearing
be set for Fiscal Year 1997 Budget,
presented and read. Council Member Krieg
moved that the communication be received
and filed. Seconded by Council Member
Voettierg. Carried by the following vote:
Yeas-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays-None.
RESOLUTION N0.60~6
RESOLUTION SETTING THE DATE OF
THE PUBLIC HEARING ON THE FISCAL
YEAR 1997 BUDGET FOR THE CITY OF
DUBUQUE
Whereas, Section 364.16 of the Code of
1JlSi1fB provides that the City Council shall set
a time and place for a public hearing on the
budget before the final certification date and
shall publish notice before the hearing as
provided in Section 362.3 of the Code of
Iowa.
52 Regular Session, February 19, 1996
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall
conduct a public hearing on the proposed
1996-97 budget of the City of Dubuque at the
Carnegie Stout Public Library Auditorium,
360 West 11th Street, Dubuque, Iowa, on
Wednesday, March 6, 1996, beginning at
7:00 p.m.
Section 2. That the City Clerk be and is
hereby authorized and directed to publish
according to law notice of public hearing
together with the required budget
information.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayar
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved adoption of
the Resolution. Seconded by. Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
RESOLUTION N0.61-96
SETTING THE DATE OF PUBLIC HEARING
ON THE FIVE YEAR CAPITAL
IMPROVEMENT PROGRAM
Whereas, a proposed five year Capital
Improvement Program for the City of
Dubuque has been prepared and submitted
to the City Council; and
Whereas, the capital projects for the first
year are included in the Fiscal Year 1997
budget for the City of Dubuque; and
Whereas, it is deemed to be in the best
interest of the City of Dubuque to conduct a
public hearing and to adopt the five year
Capital ImprovemenC Program
simultaneously with the public hearing and
adoption of the Fiscal Year 1997 budget for
the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE; IOWA:
Section 1. That the City Council shall
conduct a public hearing on the five year
Capital Improvement Program et the
Carnegie Stout Public Library Auditorium,
360 West 11th Street, Dubuque, Iowa, on
Wednesday, March 6, 1996, beginning at
7:00 p.m.
Section 2. -That the City Clerk be and is
hereby authorized and directed to publish
notice of the public hearing.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
City Manager submitting documents
providing for bidding process (or construction
of 1996. P.C. Concrete Paving Project
(cohsisting of Ramona St. from Mt. Loretta to
Pamela Ct. and Pamela Ct. from Ramona
Street to Heritage Drive), presented and
read. Council Member Michalski moved that
the communication be received and filed.
Seconded by Council Member Buol. Carried
by the following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
RESOLUTION NO, 626
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
1996 P.C.C. Paving Project -Ramona Street
and Pamela Court, in the estimated amount
of $353,007.74,. are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Buol. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
RESOLUTION N0, 636
FIXING DATE OF HEARING ON PLANS
AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk for public inspection of the 1996 P.C.C.
Paving Project -Ramona Street and Pamela
Court.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 16th day of March, 1996, a
public hearing will be held at 7:00 p.m. in the
Public Library Auditorium at which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of contract and cost of
said improvement, and the City Clerk be and
is hereby directed to cause a notice of time
and place of such hearing to be published in
a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall
be not less than four days .nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Buol. Carried by the
IY,_ . ,.
Regular Session, February 19,1996 53
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
RESOLUTION N0.6436
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council
of the City of Dubuque and are now on file in
the office of City Clerk showing among other
things the plans, specifications, form of
contract, estimated cost and preliminary plat
and schedule showing the amount proposed
to be assessed against each lot and the
valuation of each lot as filed by the City
Council, for the 1996 P.C.C. Paving Project -
Ramona Street and Pamela Court.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable
and necessary for the public welfare to make
the herein mentioned improvements, and
unless property owners at the time of the
final consideration of this proposed
resolution have on file with the City Clerk
objections to the resolution of necessity, they
shall be deemed to have waived all
objections pertaining to the regularity of the
proceeding and the legality of using the
special assessment procedure.
Said improvements shall be constructed
and done in accordance with the plans and
.specifications which have been approved by
the City Council and now on file with the City
Clerk. That the cost and expense of making
such improvement will be assessed partially
or totally against privately owned property
lying with the assessment limits, and in an
amount not to exceed that provided by law,
and in proportion to the special benefits
conferred.
The portion of the cost which shall be
borne by the City will be paid from the Local
Option Sales Tax Fund, and special
assessment bonds may be issued in
anticipation of deferred payments of
assessments when a contract has been
performed and accepted, and the proceeds
thereof used to pay the contractor.
The above resolution was introduced,
approved and. ordered placed on file with the
City Clerk this 19th day of February, 1996.
Approved and placed on file for final
action.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Buol. Carried by the
following vote: Yeas--Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
RESOLUTION N0.6536
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, lo~va, has given its preliminary
approval on the proposed plans,
specifications and form of contract and
placed same bn file In the office of the City
Clerk for public inspection, for the 1996
P.C.C. Paving Project -Ramona Street and
Pamela Court, and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City
Clerks office for public inspection.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 18th day of March, 1996, a
public hearing will be held at 7:00 o'clock
p.m. in the Public Library Auditorium in the
City of Dubuque at which time the owners of
property subject to assessment for the
proposed improvement or any other person
having an interest in the matter may appear
and be heard for or against the making of the
improvement, the boundaries of the district,
the cost, the assessment against any lot, or
the final adoption of a resolution of necessity
and the City Clerk be and is hereby
authorized and directed to cause a notice of
time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa,
which notice shall be published once each
week for two consecutive weeks, the first
publication of which shall be not less than
ten days prior to the day fixed for its
consideration. Unless property owners at
the time of the final consideration of this
proposed resolution have an file with the City
Clerk objections to the Resolution of
Necessity they shall be deemed to have
waived all objections thereto.
Passed, adopted and approved this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Buol. Carried by the
following vote: Yeas--Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, ,Voetberg. Nays-None.
RESOLUTION N0.6635
RESOLUTION APPROVING
PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, 1 to 2 inclusive,
are hereby determined to be the schedule of
proposed assessments for the 1996 P.C.C.
Paving Project -Ramona Street and Pamela
Court and the valuations set out hereiri are
hereby approved. _
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Michalski moved
adoption of the Resolution. Seconded by
Council Member Buol. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
54 Regular Session, February 19, 1996
Zoning Advisory Commission advising of
their approval to rezone property at 395
Cedar Cross Road as requested by Rich L.
Hansel, presented and read. Council
Member Voetberg moved that the
communication be .received and filed.
Seconded by Council Member Buol. Carried
by the following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, .Voetberg. Nays-None.
An Ordinance Amending Zoning Map by
reclassifying property at 395 Cedar Cross
Road from AG Agricultural District to PUD
Planned Unit Development District with PR
Planned Residential and PC Planned
Commercial Designations and adopting a
Conceptual Development Plan, with
Conditions, presented and read. Council
Member Voetberg moved that a Public
Hearing be held on the proposed Ordinance
on the 4th day of March, 1996, at 7:00
o'clock p.m. at the Public Library Auditorium
and that the City Clerk be directed to publish
notice in the manner prescribed by law.
Seconded by Council Member Buol. Carried
by the following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
Zoning Advisory Commission advising of
their approval to rezone property at 1950 J.
F. Kennedy Road as requested by Rich L.
Hansel, presented and read. .Council
Member Voetberg moved that the,
communication be received and filed.
Seconded by Council Member Buol. Carried
by the following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
An Ordinance Amending Zoning Map by
reclassifying property located at 1950 J.F.
Kennedy Road from OS Office Service
District to C-3 General Commercial District,
presented and read. Council Member
Voetberg moved that a Public Hearing be
held on the proposed Ordinance on the 4th
day of March, 1996, at 7:00 o'clock p.m. at
the Public Library Auditorium and that the
City Clerk be directed to publish notice in the
manlier prescribed by law. Seconded by
Council Member Buol. Carried by the
following vote: Yeas~vlayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
Zoning Advisory Commission advising of
their approval to amend Conceptual
Development Plan at Carter Road at
Westmore Drive as requested by Steve
Boge, presented and read. Council Member
Nicholson moved that the communication be
received and filed. Seconded by Council
Member Robbins. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,.
Robbins, Voetberg. Nays-None.
An Ordinance Amending Zoning Map by
amending Conceptual Development Plan for
property located in a PUD Planned Unit
Development District with a Planned
Residential District Designation, presented
and read. Council Member Nicholson moved
that a Public Hearing be held on the
proposed Ordinance on the 4th day of
March, 1996, at 7:00 o'clock p.m. at the
Public Library Auditorium and that the City
Clerk be directed to publish notice in the
manner prescribed by law. Seconded by
Council Member Robbins. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
Zoning Advisory Commission advising of
their approval for a text amendment to the
Zoning Ordinance allowing for drive-
thru/carry-out restaurants in LI, HI and MHI
Zoning Districts, presented and read.
Council Member Nicholson moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas-Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
An Ordinance Amending Zoning
Ordinance by adopting a new Section 3-
4.1(8) In lieu thereof to allow drive-iNcarry-
out restaurants for the LI Light Industrial
District; An Ordinance Amending Zoning
Ordinahce by adopting a new Section 3-
4.2(6) in lieu thereof to allow drive-in/carry-
~ut restaurants for the HI Heavy Industrial
District; An Ordinance Amending Zoning
Ordinance by adopting a new Section 3-
4.4(6) in lieu thereof to allow drive-iNcarry-
~ur restaurants for the MHI Modified Heavy
ndustrial District, presented and read.
council Member Nicholson moved that a
'ublic Hearing be held on the proposed
)rdinances on the 4th day of March, 1996,
d 7:00 o'clock p.m. at the Public Library
\uditorium and that the City Clerk be
lirected to publish notice in the manner
rcescribed by law. Seconded by Council
Aember Robbins. Carried by the following
~ote: Yeas-Mayor Duggan, Council
Aembers Buol, Krieg, Michalski, Nicholson,
tobbins, Voetberg. Nays-None.
Zoning Advisory Commission advising of
,heir denial of rezoning request to reclassify
property at 1320 Locust St. as requested by
ierbert Bisping, presented and read.
~ouncil Member Nicholson moved that the
:ommunication be received and filed.
Seconded by Council Member Robbins.
tarried by the following vote: Yeas-Mayor
)uggan, Council Members Buol, Michalski,
Jicholson, Robbins, Voetberg.
Jays-Council Member Krieg.
An Ordinance Amending Zoning Map by
eclassitying property located at 1320 Locust
street from OR Office Residential District to
:-4 Downtown Commercial District,
presented and read. Council Member
Jicholson moved that this be considered the
Irst reading of the Ordinance and that a
'ublic Hearing be held on the proposed
)rdinance on the 4th day of March, 1996, at
':00 p.m. in the Public Library Auditorium
Regular Session, February 19,1996 55
and that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Robbins. Carried by the
following vote: Yeas-fNayor Duggan,
Council Members Buol, Michalski, Nicholson,
Robbins, Voetberg. Nays-Council Member
Krieg.
Zoning Advisory Commission advising of
their denial to rezone property in 5200 Block
of Pennsylvania Ave. (V1/est of Radford
Road) as requested by W. C. Stewart
Construction Inc., presented and read.
Council Member Nicholson moved that the
communication be received and filed and
concurred with denial. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Duggan, Council
Members Buol, Krieg, Michalski, Nicholson,
Robbins, Voetberg. Nays-None.
Corporation Counsel recommending
public hearing be set to consider disposing
of property in Ice Harbor to Dubuque County
Historical Society, presented and read.
Council Member Nicholson moved that the
communication be received and filed.
Seconded by Council Member Robbins.
Carried by the following vote: Yeas--Mayor
Duggan, Council Members Buol, Krieg,
Michalski, Nicholson, Robbins, Voetberg.
Nays-None.
RESOLUTION N0.67 - 96
RESOLUTION OF INTENT TO DISPOSE
OF INTEREST IN REAL PROPERTY BY
THE CITY OF DUBUQUE, IOWA.
WHEREAS, the City of Dubuque is the
owner of or has an interest in the real
property to be known as Lots 3, 4, 5, 6, 9 and
10, Ice Harbor Development,. as shown on
the final plat thereof; and
WHEREAS, pursuant to a Memorandum
of Agreement dated April 2, 1990, a copy of
which is attached hereto, between the City of
Dubuque and the Dubuque County Historical
Society, the City agreed to convey its interest
in Lot 4 and Lot 9 to the Dubuque County
Historical Society in exchange for certain
property owned by the Dubuque Historical
Society; and
WHEREAS, The .City has agreed to
convey ingress, egress and maintenance
easements over Lots 3, 5, 6 and 10, as
described in the Warranty Deed attached
hereto; and
WHEREAS, the parties now desire to
finalize such arrangements by the exchange
of properties.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque, Iowa,
intends to dispose of its interest in the
foregoing-described real property.
Section 2. The City Clerk be and is
hereby authorized and directed to cause a
notice to be published, as prescribed by Iowa
Code Section 364.7, of the date, time and
place of public hearing of its intent to dispose
of its interest in the foregoing-described real
estate, which hearing shall be on the 4th day
of March, 1996 at 7:00 o'clock p.m. at the
public library auditorium, 11th & Locust,
Dubuque, Iowa.
Passed, approved and adopted this 19th
day of February, 1996.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Council Member Nicholson moved
adoption of the Resolution. Seconded by
Council Member Robbins. Carried by the
following vote: Yeas-Mayor ,Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
At 8:34 p.m., Council Member Nicholson
moved to go into Closed Session in
accordance with Section 21.5 1.(c) To
discuss strategy with counsel in matters that
are presently in IRigation. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Duggan,
Council Members Buol, Krieg, Michalski,
Nicholson, Robbins, Voetberg. Nays-None.
Council reconvened in Regular Session at
9:05 p.m. with statement that Staff had been
given proper direction.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Michalski. Carried by the following vote:
Yeas-Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays-None. Meeting adjourned
at 9:06 p.m.
A. Davis CMC
amity Clerk
~:~'~~Y'_ ~_ . 1997
Adopted
,1997
Attest ~~ L //~~-c-'
/~eCl~
City Clerk
Special Session, February 26, 1996
DUBUQUE
CITY COUNCIL
OFFICIAL
meeting. Seconded by Council Member
PROCEEDINGS
Nicholson. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays—None. The meeting
City Council, Special Meeting, February 26,
adjourned at 8:35 p.m.
1996.
Council Met at 6:20 p.m., Public Library
Mary A. Davis CMC
Auditorium.
City Clerk
Present: Mayor Duggan, Council Members
Buol, Krieg, Michalski, Nicholson, Robbins,
Voetberg, City Manager Michael Van Milligen,
Approved , 1997
Corporation Counsel Barry Lindahl.
Adopted , 1997
Mayor Duggan read the call and stated this
is a Special Session of the City Council called
for the purpose to conduct a public hearing on
the Community Development Block Grant
Mayor
Program Annual Action Plan for Fiscal Year
1997 for the purpose to seek public
comments.
Public Hearing on Community Development
Block Grant Program Annual Action Plan to be
included with Housing, Community
Development and Planning Departments.
No comments have been received - either
negative or positive.
Community/Economic Development
Council Members
Director Jim Burke introduced the Annual
Attest:
Action Plan.
Departmental Budget Hearings continued:
City Clerk
Housing Services had presentations by
staff David Harris and Kathy Lamb.
Community Development had a
presentation by Jim Burke.
Planning Department had a presentation by
Laura Carstens.
Council Member Voetberg moved that the
Community Development Block Grant
Program Annual Action Plan for FY 1997 be
adopted. Seconded by Council Member
Nicholson. Carried by the following vote: Yeas-
-Mayor Duggan, Council Members Buol,
Krieg, Michalski, Nicholson, Robbins,
Voetberg. Nays--None.
Water Department had a presentation by
Bob Green.
There being no further business Council
Member Krieg moved to adjourn the