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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 EA ST OI LO UN TT IO OT NH EE NI DO OW RA SD IE NP GA TR HT EM SE UN BT MO Regular Session, February 5, 1996 FT TO RP AE NN SN PS OY RL TV AA TN II OA NA FV OE RN TU HE E 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 RR ET SY Regular Session, February 5, 1996 FU EB EU TQ (U NE 3, 0'I )O OW FA L, OA TC TC HO RR ED EI (3N )G IT NO GT EH IE SR SE LC EO RR 'SD SE UD BP DL IA VT IT SH IE OR NE IO NF T- H2 E1 C2 I0 TW YA OS FH DI UN BG UT QO UN ES ,T. C 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