1999 May Council ProceedingsRegular Session, May 3, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May
3, 1999
Council Met at 7:00 P.M., Public
Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholesn, Robbins, Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahi.
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 was given by Rev. David
Pacholke, Chaplain of The Finley
Hospital and Law Enforcement
Chaplain.
PROCLAMATIONS -- May 6-I2 as
"Nurses' Week" received by Kay Takes
and Month of May as 'Mental Health
Month" received by Ann Michalski.
Mayor Duggan swore in Dirk
Voetberg as Mayor Pro-Tern.
MINUTES SUBMI'FYED: Five Flags
Commission of 2-15; Human Rights
Commission of 3-15; Investment
Oversight Advisory Commission of 4-
15; Long Range Planning Advisory
Comm. of 3-17; Plumbing/Mechanical
Board of 4-13; Zoning Advisory
Commission of 4-7, presented and
read. Buol moved that the minutes be
received and tiled. Seconded by
Robbins. Motion carried 7-0.
Investment Oversight Commission
submitting their 24th quar[edy report,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Robbins. Motion
carded 7-0.
City Manager submitting the
Quarterly Investment Report for pedod
ending March 31, 1999, presented and
read. Buol moved that the
communicafion and report be received.
and filed. Seconded by Robbies.
Motion carded 7-0.
Published Council Proceedings for
meeting of Apd[ 5, 1999, presented for
approval. Buol moved that the
proceedings be approved as printed.
Seconded by Robbins. Motion carried
7-0.
Proofs of Publication on publishing
Notice of filing final plat and
assessments for Radford Road
Reconstruction and 1998 P.C.
Concrete Projects, presented and read.
Buol moved that the proofs be received
and filed. Seconded by Robbins.
Motion carded 7-0.
NOTICES OF CLAIMS/SUITS:
Robert & Colleen Baker in amt of
$267.74 for backed up sewer
damages; International Bag in amount
of $716.26 for property damages; Made
Lecher in amount of $94.15 for
property damages; Andrew Obdeocht
in unknown amount for vehicle
damages; Steven W. Pins in amount of
;160.46 for vehicle damages,
)resented and read. Buol moved that
the claims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Robbins. Motion carded
7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Personal injury of
Madbeth Breiman Bockenstedt; Vehicle
damage of Ron Buxton; Personal injury
of Loretta Schiltz; Vehicle damage of
Cladan b Stetzeq Personal injury of
Jeannette Lea Turner, presented and
read. Bqe[ moved that the
communications be received and filed.
Seconded by Robbins. Mo'don carded
7-0.
Corporation Counsel recommending
property damage claim of Gerald and
Lola Schuster be admfnistra~vefy
closed, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Robbins.
Motion carried 7-0.
Dan Plisek submitting his resignation
from the Histedc Preservation
Commission, presented and read.
Buol moved that the resignation be
received and tiled and accepted with
regret. Seconded by Robbins. Motion
carried 7-0.
City Solic'rtor recommending
176 Regular Session, May 3, 1999
setUement of Worker's Comp claim
with Mary Heft, presented and read.
Buol moved that the communication be
received and filed and approved
setMement Seconded by Robbins.
Motion carried 7-0.
CH Manager recommending
approval of Renewal of Section 8
Program Annual Contributions
Contract, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 196-99
RESOLUTION AUTHORIZING
EXECUTION OF A RENEWAL
ANNUAL CONTRIBUTIONS
CONTRACT FOR SECTION 8
MODERATE REHABIUTATION
PROGRAM CONTRACTS NUMBERS
IA087000110014; AND
IA067MR0002/0022 REPLACING
UNIT CONTRACTS UNDER
MODERATE REHABILITATION
PROGRAM NUMBERS IA05-K087-
001 AND IA05-K087-002
Whereas, contracts for certain
programs under Annual Contributions
contracts for
Section 8 Programs are periodically
scheduled for expiration; and
Whereas, the U.S. Department of
Housing and Urban Development
extends these funding commitments
through the offering of amended
consolidated contracts, extensions or
renewal contracts; and
Whereas, the Department requires
execution of this contract for the Cites
continued administration of these
funds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
renewal Annual Contributions Contract,
with the U.S. Department of Housing
and Urban Development, for Project
Numbers IA087MR0001/0014; and
IA087MR002/0022, under Master
Annual Contributions Contract No. KC-
9004-E, on behalf of the City of
Dubuque.
Section 2. This resolution shall take
effect immediately.
Passed, approved and adopted this
3rd day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 197-99
RESOLUTION ACCEPTING
CONVEYANCE OF CERTAIN REAL
ESTATE LOCATED IN THE CITY OF
DUBUQUE, IOWA, COUNTY OF
DUBUQUE,
Whereas, the City has entered into a
Purchase Agreement for the purchase
of the following-described property
located in the City of Dubuque, Iowa:
Lot 10 in the City of Dubuque, Iowa,
according to the Unite States
Commissioners' Map of the Town of
Dubuque, iowa (1154 Iowa St.)
from the estate of Dennis P. Dolan,
Deceased.
Whereas, all of the conditions of the
Purchase Agreement have been met
and Betty Dolan, Executor of the Estate
of Dennis P. Dolan, deceased, has
delivered a Court Officer Deed a copy
of which is attached hereto, recorded in
the Dubuque County Recorder's Office
as Instrument ~6163-99 to the City of
Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque
hereby accepts the Court Officer Deed
from the Estate of Dennis P. Dolan,
Deceased, a copy of which is attached
hereto and recorded in the Dubuque
County Recorder's Office as instrument
~¢~163-99.
Section 2. The City Clerk is hereby
author[zed and directed to provide a
copy of this Resolution to the Dubuque
County Recorder, Dubuque City
Assessor and Dubuque County Auditor
Offices.
Passed, approved and adopted this
3rd day of May, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded hy Robbins.
Motion carried 7-0.
City Manager recommending
appraval of combined Notice of Finding
& Release of funds for Community
Development Block Grant Program,
presented and read. Buol moved that
the communication be received and
fi[ed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 198-99
A RESOLUTION AUTHORIZING
~UBLICATION OF A COMBINED
Reqular Session, Ma,/3~ 1999 ]-77
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS
Whereas, the City of Dubuque will
enter into a Grant Agreement for the
Fiscal Year commencing July 1, 1999,
with the U.S. Department of Housing
and Urban Development, providing for
financial essistance to the City under
TiUe I of the Housing and Community
Development Act of 1974, as
amended; and
Whereas, pursuant to tl~e rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
listed projects to be financed with
Community Development Block Grant
funds; and
Whereas, based on said
environmental review, the Department
of Community and Economic
Development has determined that said
projects will have no significant impact
on the environment; and
Whereas, a combined notice of"
Finding of No Significant Impact on the
Environment' and of "intent to Request
Release of Funds" for said projects will
be sent by regular mail to vadous
federal, state and local public
agencies; to the appropriate Regional
Office of the Environmental Protection
Agency, to the HUD Area Office and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a notice; and
Whereas, any and all comments
received as a result of such notice will
be duly considered before proceeding
with a Request for Releese of Funds
and Ced~ca~Jon.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be
and is hereby authorized and directed
to publish a combined Nofice of
Finding of No Significant Impact on the
Environment and Notice of intent to
Request Relaaae of Funds for the
following identified projects and to
make the Environmental Review
Record for said projects available for
public inspection and comment unifi
5:00 p.m. on May 21,1999. Such
notice shall be in the form of Exhibit "A"
attached hereto and made a part
hereof.
Housing Programs: Problem
Properties Management;
Homeownership Rehabilitation
(Operation: Paintbrush; Operation
Upkeep; Residential Rehabilitation
Loan Program; Sewer Connection
Loan);Housing Code Enforcement;
First Time Home Buyer Program; Lead
Paint Hazard Abatement Project;
Rental Unit RehabiIltafion (Emergency
Code Enforcement Loan Program;
Moderate Income Rental Rehab Loan
Program; Accessibility Rehab; Single
Room Occupancy Rehab);Housing
Rehabilitation Services and Staff;
Housing Planning/Administration
Services and Staff Neighborhood and
Community Development Programs:
Community Partnership Program (cp2);
Senior Center; Neighborhood
Recreafion Programs; Family Self-
Sufficiency; Informalton and Referral
Se~ce; Zoning Inspection/
/Enforcement;, Child Care Resource
and Referral; Historic Preservation
Rehabilitation Grants; Washington Tool
Library; Neighborhood Support Grants;
Leadership Training; Neighborhood
Infrastructure Improvements
(Neighborhood Street Overlays;
Neighborhood Sidewalk Program;
Neighborhood Step/Wall
Repair)Handicap Curb Ramps;
Dubuque Dispute Resolution Center,
Fair Housing Tenant Education;
Neighborhood Development Services
and Staff Economic Development
Programs: Economic Development
Financial Assistance Program;
Enterprise Opportunity Program;
Economic Development Program
Services and Staff Planning and
Administration: CDBG Administration
Services and Staff; City Planning
Services and Staff
Section 2. That the environmental
review record for each of the projects
shall be placed on file in the Office of
the City Clerk where said record may
be examined and copied by any
interested party.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S.
Department of Housing and Urban
Development fifteen (15) days after
publication of appropriate notice a
Request for Release of Funds to
undertake the said projects.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection Act,
insofar as the provisions of the said Act
178 Regular Session, May 3, 1999
apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision
making, and action assumed and
carried out by the City of Dubuque as
to environmental issues.
Section 5. That the Mayor of the City
of Dubuque is hereby authored to
consent pemonally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts if an action is brought
to enforce responsibilities in relation to
environmental review, decision making
and action.
Section 6. That the Mayor of the City
of Dubuque be and he is hereby
authorized and directed to execute a
ceditication pertaining to the
environmental review procedures.
Passed, approved and adopted this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
assessment of civil penatiy of $300
against each of four liquor license
holders for alcohol violations,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 199-99
WHEREAS, on September 21, 1998,
Ronald D. Erickson was convicted in
Dubuque County District Court, Docket
No. SRCR33631 of violating Iowa Code
Section 123.49 (2)(h) (a copy of said
conviction is attached hereto and
incorporated herein by reference) and
WHEREAS, at the time of above
violation Ronald D. Erickson was and
employee of Mulgrew Oil Company
liquor control licensee and/or beer
permit holder, and
WHEREAS, the acts of an agent or
employee of a licensee are imputed to
the licensee,
WHEREAS, said violation occurred
after January 1, 1998 and this being
the first conviction of violation of this
section within a period of two (2) years,
and
WHEREAS, Iowa code section
123.50(3)(a), as amended, provides
that a licensee who violates said
section shall be assessed a civil
penalty in the amount of $ 300.00,
WHEREAS, Iowa Code section
123.39, as amended, provides that
local authorities shall retain such cml
penalties if the proceeding to impose
the penalty is conducted by the local
authority,
NOW, THEREFORE BE IT
RESOLVED, that the City Council, City
of Dubuque pursuant to the authority of
the above cited sections hereby
imposes a civil penalty in the amount of
$ 300.00 against Mulgrew Oil Corn,
D/B/A JFK AMOCO, 1701 JFK,
License/Permit No. BC.23429.
FURTHER, BE IT RESOLVED that
said license holder has thirty (30) days
from the date of notice of the
Resolution to pay such penalty in full to
the City of Dubuque.
Failure to pay this penalty shall
result in a fourteen (14) day
suspension of the liquor license and or
beer permit held by the license.
BE IT FURTHER RESOLVED that
the City Council, City of Dubuque is
hereby directed to notify the license
holder .of this action by providing to
said license hold a ceddfied copy of this
Resolution. Such notice shall be by
ce~fied mail, return receipt requested.
FURTHER, that such license holder
is hereby notified that license holder
has the dght to appeal the imposi~on of
this civil penaity to the AJcoholic
Beverages Division of the Department
of Commerce by filing written notice of
appeal with said DMsion and with the
City Council, City of Dubuque within
twenty-one (21) days from the date of
se,Mce of this Resolution.
FURTHER, that the City Council,
City of Dubuque shall mail a copy of
this Resolution to: Licensing Bureau,
AJcoholic Beverages DMsion,
Department of Commerce, 1918 S.E.
Huls~.er Avenue, Ankeny, Iowa 50021.
This Resolution is passed this 3rd
day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO, 200-99
WHEREAS, on December22, 1998,
Mark E. Kasemeier was convicted in
Dubuque County District Court, Docket
No. SRCR33629 of violating Iowa Code
Section 123.49 (2)(h) (a copy of said
conviction is attached hereto and
incorporated herein by reference) and
WHEREAS, at the time of above
violation Mark E. Kasemeier was and
employee of HyVee, inc. a liquor
control licensee and/or beer permit
holder, and
Regular SessioP,, May3, 1999 . 179
WHEREAS, the acts of an agent or
employee of a licensee are imputed to
the licensee,
WHEREAS, said violation occurred
after January 1, 1998 and this being
the first convicfion of violation of this
section within a period of two (2) years,
and
WHEREAS, Iowa code section
123.50(3)(a), as amended, provides
that a licensee who violates said
section shall be assessed a civil
penalty in the amount of $ 300.00,
WHEREAS, Iowa Code section
123.39, as amended, provides that
local authorities shall retain such civil
penalties if the proceeding to impose
the penalty is conducted by the local
authodfy,
NOW, THEREFORE BE iT
RESOLVED, that the City Council, City
of Dubuque pursuant to the authority of
the above cited sections hereby
imposes a cml penalty in the amount of
$ 300.00 against HyVee, Inc, 3500
Dodge St, License/Permit No. BC.
26044.
FURTHER, BE IT RESOLVED that
said lisense holder has thirty (30) days
from the date of notice of the
Resolution to pay such penalty in full to
the Cb of Dubuque.
Failure to pay this penalty shall
result in a fourteen (14) day
suspension of the liquor license and or
beer permit held by the license.
BE IT FURTHER RESOLVED that
the City Council, City of Dubuque is
hereby directed to notify the license
holder of this action by providing to
said license hold a cert~ed copy of this
Resolution. Such notice shall be by
certified mail, return receipt requested.
FURTHER, that such license holder
is hereby notified that license holder
has the right to appeal the impos~on of
this civil penalty to the Alcoholic
Beverages Division of the Department
of Commerce by filing written notice of
appeal with said Division and with the
Cb Council, City of Dubuque within
twenty-one (21) days from the date of
service of this Resolution.
FURTHER, that the City Council,
City of Dubuque shall mail a copy of
this Resolution to: Ucensing Bureau,
Alcoholic Beverages Division,
Department of Commerce, 1918 S.E.
Huisizer Avenue, Ankeny, Iowa 50021.
This Resolution is passed this 3rd
day of May, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 201-99
WHEREAS, on July 16, 1998,
Tammy J. Plowman was convicted in
Dubuque County District Court, Docket
No. SRCR033757 of violating Iowa
Code Section 123.49 (2)(h) (a copy of
said conviction is attached hereto and
incorporated herein by reference) and
WHEREAS, at the time of above
violation Tammy J. Plowman was and
employee of Hill Street Plaza liquor
control licensee and/or beer permit
holder, and
WHEREAS, the acts of an agent or
employee of a licensee are imputed to
the licensee,
WHEREAS, said violation occurred
after January 1, 1998 and this being
the first conviction of violation of this
section within a pedod of two (2) years,
and
WHEREAS, Iowa code section
123.50(3}(a), as amended, provides
that a licensee who violates said
section shall be assessed a civil
penalty in the amount of $ 300.00,
WHEREAS, Iowa Code section
123.39, as amended, provides that
local autho~es shall retain such civil
penates if the proceeding to impose
the penalty is conducted by the local
authority,
NOW, THEREFORE BE IT
RESOLVED, that the City Council, City
of Dubuque pursuant to the authority of
the above cited sections hereby
Imposes a cml penalty in the amount of
$ 300.00 against Hill Street Plaza
D/B/A Oky Doky, 535 Hill St,
License/Permit No. BC. 20560
FURTHER, BE IT RESOLVED that
said license holder has thirty (30) days
from the date of notice of the
Resolution to pay such penalty in full to
the City of Dubuque.
Failure to pay this penalty shall
result in a fourteen (14) day
suspension of the liquor license and or
beer permit held by the license.
BE IT FURTHER RESOLVED that
the City Council, City of Dubuque is
hereby directed to notify the license
holder of this action by providing to
said license hold a cerEfled copy of this
Resolution. Such notice shall be by
certitied mail, return receipt requested.
FURTHER, that such license holder
is hereby no~ed that license holder
has the dght to appeal the impos~on of
this civil penalty to the Alcoholic
Beverages Division of the Department
of Commerce by filing written notice of
appeal with said DMsion and with the
180
Regular Session, May 3, 1999
City Council, City of Dubuque within
twenty-one (21) days from the date of
service of this Resolution.
FURTHER, that the City Council,
City of Dubuque shall mail a copy of
this Resolution to: Licensing Bureau,
Alcoholic Beverages DMsion,
Department of Commerce, 1918 S.E.
Hulsizer Avenue, Ankeny, Iowa 50021.
This Resolution is passed this 3rd
day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 202-99
WHEREAS, on September 10, 1998,
Rose Canfield was convicted in
Dubuque County Disthct Court, Docket
No. SRCR33630 of violating Iowa Code
Section 123.49 (2)(h) (a copy of said
conviction is attached hereto and
incorporated herein by reference) and
WHEREAS, at the time of above
violation Rose Canfield was and
employee of The Monday Company
liquor control licensee and/or beer
permit holder, and
WHEREAS, the acts of an agent or
employee of a licensee are imputed to
the licensee,
WHEREAS, said violation occurred
after January 1, 1998 and this being
the first convicfion of violation of this
section within a pedod of two (2) years,
and
WHEREAS, Iowa code section
123.50(3)(a), as amended, provides
that a licensee who violates said
section shall be assessed a civil
penalty in the amount ors 300.00,
WHEREAS, Iowa Code section
123.39, as amended, provides that
local authorities shall retain such civil
penalties if the proceeding to impose
the penalty is conducted by the local
authority,
NOW, THEREFORE BE IT
RESOLVED, that the City Council, City
of Dubuque pumuant to the authority of
the above cited sections hereby
imposes a civil penaity in the amount of
$ 300.00 against The Monday Corn,
D/B/A Cesey's, 4003 Peru Rd,
License/Permit No. BC.19355.
FURTHER, BE IT RESOLVED that
said license ho[der has thirb/(30) days
from the date of notice of the
Resolution to pay such penalty in full to
the City of Dubuque.
Failure to pay this penalty shall
result in a fourteen (14) day
suspension of the liquor license and or
beer permit held by the license.
BE IT FURTHER RESOLVED that
the City Council, City of Dubuque is
hereby directed to nofify the license
holder of this action by providing to
said license hold a certified copy of this
Resolution. Such notice shall be by
cellified mail, return receipt requested.
FURTHER, that such license holder
is hereby notified that license holder
has the right to appeal the imposifion of
;this civil penalty to the Alcoholic
Beverages Division of the Department
; of Commerce by filing written notice of
appeal with said Division and wffh the
City Council, City of Dubuque within
twenty-one (21) days from the date of
service of this Resolufion.
FURTHER, that the City Council,
City of Dubuque shall mail a copy of
this Resolution to: Licensing Bureau,
Alcoholic Beverages Division,
Department of Commerce, 1918 S.E.
Hulsizer Avenue, Ankeny, Iowa 50021.
This Resolution is passed this 3rd
day of May, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval of Purchase of Service
Agreements with Project Concern, Inc.-
Information and Referral and Child
Care Referral, Washington Tool
Library, Dubuque Area Chamber of
Commerce Convention and Visitom
Bureau, Dubuque Area Labor
Management Council, Dubuque Main
Street, Ltd., Project Concern, Inc.
Foster Grandparent Program, Greater
Dubuque Development Corporation
(GDDC), Helping Services of Northeast
Iowa, Operafien: New View, Retired
and Senior Volunteer Program (RSVP)
and Substance Abuse Services Center,
presented and read. Buol moved that
the communications be received and
filed and approved recommendation.
Seconded by Robbins. Motion carded
7-0.
City Manager submitting copies of
letters to area legislators regarding
City's position of eminent domain in the
past, presented and read. Buol moved
that the communication be received
and filed. Seconded by Robbins.
Motion carded 7-0.
Substance Abuse Services Center
submitting their Third Quarter Report
for FY'99, presented and read. Duct
Reqular Session, May 3,:1999
18l
moved that the communication and
report be received and filed. Seconded
by Robbins. Motion carried 7-0.
City Manager recommending a
consultant be hired to assist the
Telephone System Task Force
regarding a needs analysis study etc.,
presented and read. Buol moved that
the communication be received and
tiled and recommendation approved.
Seconded by Robbins. Motion carried
Receipt of "Letter of Intent" to restore
the old Merchants Hotel building from
John Gronen, Jeff Bertsch and Mike
Steele, presented and read. Buol
moved that the communication be
received and filed and referred to the
City Manager. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 203-99
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
within said City.
NEW
Plaza 20 AMOCO A & T LLC
2600 Dodge St
Passed, approved and adopted this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 204-99
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 "C" BEER PERMIT
TFM Co Oky Doky# 1
+(Sunday Sale) 250 W 1st St
TFM Co Oky Doky~ 2
+(Sunday Sale) 51 W 32nd St
Michael H. McCann McCann's Service
+(Sunday Sale) 690 W Locust St
Mulgrew Oil Cern 16th St Auto/Truck
Plaza+(SundaySale) 1215 E 16th St
A & T LLC Plaza 20 AMOCO
+(Sunday Sale) 2600 Dodge St
Passed, approved and adopted this
3rd day May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Buoi moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 205-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Lav~ 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
app[isants a Liquor Ucense.
CLASS "A" (CLUB)
BEER/LIQUOR LICENSE
Dubuque Golf & Country Club
Dubuque Golf & Country CIb
+(Sunday/Outdoor Sale) 1800 RandaU
CLASS "C"(COMMERCIAL)
BEERAJQUOR LICENSE
Marco's Inc. Marco's
2022 Central
Bever~ Larsen Denny's Lux Club
+(Sunday Sale) 3050 Asbury
CLASS "WB"(VVINE)
TMC Ce Oky Doky~l
+(Sunday Sale) 250 W 1~ St
Paseed, approved and adopted this
3rd day of May, 1999.
Terrence M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Buol moved adoption of the
resolufion. Seconded by Robbins.
Motion carried 7-0.
BOARDS AND COMMISSIONS:
Individuals are invited to address the
Council to express their desire to serve
on vadous Boards/Commissions:
HISTORIC PRESERVATION
COMMISSION - Applicants: Terry
Mozena (Langworthy District), Jim
Gibbs, Alfred Smemo and Joseph
Ungs (At Large). Al Smemo spoke.
182
Regular Session, May 3, 1999
UBRARY BOARD OF TRUSTEES -
Applicant: MaP/L. Strom. Mary Strom
spoke.
Appointment to INVESTMENT
OVERSIGHT ADVISORY
COMMISSION - Applicant: Stephen V.
Reisdorf. Markham moved that
Stephen Reisdorf be appointed to fill
the unexpired term which will expire 7-
1-2001. Seconded by Markham.
Motion carried 7-0.
Buol moved that the rules be
suspended to allow anyone present to
address the Council. Seconded by
Robbins. Motion cartied 7-0.
Proof of publication codified to by
the Publisher on Notice of Public
Headng to amend the ID Institutional
District for University of Dubuque; Keith
Marugg objecting to the University's
Library construction and parking
proposal; Kathleen Haun submitting
petition with 14 signatures expressing
concerns of insufficient parking
arrangements in University of Dubuque
area; Sara Sutton subm~ng peri'don
with 21 signatures; William Shaffer
submitting petition with 23 signatures;
Donald Kline subm'~ng pe~on with 35
signatures, ail objecting to proposed
construction of University of Dubuque
Library and Parking Lot;, Jana Lammer
expressing concern regarding parking
in area of Bennett St.; and University of
Dubuque submitting 'Progress Report"
dated 4-27-99, presented and read.
Voetberg moved that the proof and
communication be received and tiled.
Seconded by Nicholson. Motion carried
Rev. Jeff Bullock, Pres. of the
University of Dubuque, Tracey Wagner
VP of Finance at UD, Mar~, Johnson,
Architect for UD, and Dr. John Carr,
representative of the Board of Directors
for UD, spoke of the plans to expand
the Charles C. Meyer Library and the
importance of enhancing the Universe,,
in this way, also gMng specifics of the
present parking areas.
S.A. Sutton, speaking on behalf of
Custer Street neighbors, spoke of the
long-term difficulty because of the
congested student parking. Waiter
Peterson spoke in favor of the present
proposal of the University.
Keith Marugg, Kathleen Haun, Bill
Shaffer, Linda Merfeld, and William
Baum, all spoke obje~ng because of
the creation of more dangerous
intersections, congested streets due to
student parking, improper notification of
t~e UD plans to surrounding neighbors,
and though not opposed to the Library
project itself would request that the
University address the many parking
and street congestion problems.
Rick Dickinson spoke requesting
passage of the proposed Ordinance.
Rev. Bullock responded citing the
difference of opinions and expressing
appreciation for patience as they strive
to solve problems.
An Ordinance Providing for the
amendment of Ordinances Nos. 33-88
and 17-97, which were adopted
regulations for the University of
Dubuque institutional District, with first
and second readings given on 4-19-99,
now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 34-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY PROVIDING FOR THE
AMENDMENT OF ORDINANCES 33-
88 AND 17-97, WHICH WAS
ADOPTED REGULATIONS FOR THE
UNIVERSITY OF DUBUQUE
INSTITUTIONAL DISTRICT.
NOW, THEREFORE, BE' iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances and
Ordinances 33-88 and 17-97 be
amended by adopted a revised campus
development plan, a copy of which is
attached to and made a part hereof, to
wit:
Lot 2 of the East 75.6' of the North ~ of
Lot 10, Lot 2 of Lot 2 of Lot 1 of the
South % of Lot 10, Lot I of Lot 1 of Lot
1 of the South ½ of Lot 10, Lot 2 of Lot
1 of Lot 1 of the South % of Lot 10 and
Lot I of Lot 2 of Lot 1 of the South ~ of
Lot 10, the South ½ of the East 57.82'
of Lot 11, the South % of the East 50'
of the West 80.12' of Lot 11, the South
~ of the East 50' of the West 62.06 of
the West 118' of Lot 12 and the West
6' of the South N of the East 56' of the
West 118' of Lot 12, the South 128' of
the East 37.49' of Lot 13 and the South
128' of the West 12.06' of the West
62.06' of the West 118' of Lot 13, the
North 140' of the West 12.06' of the
West 62.06' of the West 118' of Lot 12
and the North 140' of the East 37.49' of
Lot 13, and the South % of the East 50'
of the West 100' of Lot 13, the North ½
Reqular Session~ May 3,1999
183
of the West 50' of the West 100' of Lot
13, Lot 2 of Lot 15, Lot 1 of Lot 1 of Lot
1 of Lot 15, Lot 2 of Lot 1 of Lot 1 of Lot
15, Lot 2 of Lot 1 of Lot 16, Lot 1 of Lot
1 of Lot 16, Lot 2 of Lot 2 of Lot 1 of Lot
15, Lot I of Lot 2 of Lot 1 of Lot 15, Lot
1 of Lot 2 of Lot 16, Lot 2 of Lot 2 of Lot
16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot
1 of Lot 17, Lot 1 of Lot 2 of Lot 17, Lot
2 of Lot 2 of Lot 17, Lot 1 of Lot I of Lot
1 of Lot 1 of Lot 18, Lot2 of Lot 1 of Lot
1 of Lot 18, the South ~ of Lot 1 of Lot
14, Lot 2 of Lot 1 of Lot 2 of Lot 14, Lot
2 of Lot 2 of Lot 14, Lot I of Lot I of Lot
2 of Lot 14, the East 50' of the South
of the East 56' of the West 118' of Lot
12, Lot 2 of LSt 1 of Lot 1 of Lot 1 of Lot
18, the West 62.34' of the North % of
Lot 10, the North 134' of the North 168'
of the West 30.32' of the West 80.12'
of Lot 11, the North 134' of the North
168' of the East 19.88' of Lot 12, the
North % of the East 50' of the West
62.06' of the West 118' of Lot 12, the
North ~ of the East 50' of the West
100' of Lot 13, the North ~ of Lot 1 of
Lot 14, the South ~ of the West 50' of
the West 100' of Lot 13, the South 34'
of the North 168' of the East 19.88' of
Lot 12, the South 100' of the East
19.88' of Lot 12, the South 34' of the
North 168' of the West 30.12' of the
West 80.12' of Lot 11, and the South
100' of the West 30.32' of the West
80.12' of Lot 11, all in Ann O'Hare's
Subdivision; Lot 2 of Lot 1, Lot 1 of Lot
1 of Lot 1 of Lot 1, Lot 2 of Lot I of Lot
1 of Lot 1, all in Cain's Subdivision
Lot 2 of Lot 71 and Lot 2 of Lot 70, Lot
2 of Lot 64, Lot 31 and Lot 32, al in
Finley, Waples, and Burton Addition;
Lot 9, Lot 8, Lot 7, Lot 1, Lot 2, Lot 3,
all in Herbst's SubdMsion; Lot 2, Lot 1,
Lot 3, all in Herbst's University Avenue
Place; the North ¼ of the East 57.82' of
Lot 11, the North ~ of the East 50' of
the West 80.12' of Lot 11, the East 50'
of the North ~ of the East 56' of the
West 118' of Lot 12 and the West 6' of
the North ~ of the East 56' of the West
118' of Lot 12, ail in Ann O'Hare's
Subdivision; Lot 5 and Lot 2 of Lot 2 of
Lot 1 of Lot 6 of Hantelmann's
Subdivision; Lot 1 and Lot 10 of
Kuehnle Heights; Lot 2 of Lot I of Lot 2
of Mineral Lot 156 and Lot 1 of Lot 1 of
Lot 2 of Mineral Lot 156; Lot 28 and Lot
29 and Lot 30, Lot 6, Lot 41, Lot 27, Lot
31, Lot 32, Lot 33, Lot 34, Lot 2 of Lot
35, Lot 2 of Lot 1 of Lot 35, Lot 1 of Lot
1 of Lot 35, Lot 1 of Lot 36, Lot 2 of Lot
36, Lot 1 of Lot 37, Lot 2 of Lot 37, Lot
1 of Lot 38, Lot 2 of Lot 38, Lot 1 of Lot
A, Lot 2 of Lot A, Lot 39, Lot 1 of Lot
40, Lot 2 of Lot 40, Lot 1, Lot 2, Lot 3,
Lot 4, Lot 5, Lot 1 of Lot 24, all in
Reche's Subdivision; Lot 1 through Lot
17, and Lot 17A and Lot 17B, all in
Reche's SubdMsion #2; Lot 1 of Lot 1
of Steffen's Place; Lot 25 and Lot 26 of
Reche's subdivision; and to the center
line of the adjoining public right-of-way,
all in the City cf Dubuque, Iowa.
Section 2. That pursuant to Iowa
Code Section 414.5(1993) and as an
express condition of amending the
University of Dubuque Institutional
District, the undersigned property
!owner(s) agree(s) to the following
conditions, all of which the property
owner(s) further agree(s) are
reasonable and imposed to satisfy the
~ublic needs that are caused directly
by the zoning reclassification:
A. Use R~aulafions
The fo[lowing regulations shall apply to
all uses made of land in the above
descdbed ID Institutional Disbict:
1) Principal permitted uses shall be
limited to:
a) Colleges and universities (45)
b) Vocational Schools (45)
c) Seminaries (45)
d) Offices for administrative personnel
or other institutional employees and
affiliates (14)
e) Churches (7), libraries, and
museums (13)
f) Classrooms, laboratories lecture
hal s, and similar places of institutional
assembly (45)
g) Off-street parking and loading (NA)
h) Recreational or athletic faci[~es for
the pdmary use and benefit of
institutional residents or affiliates (9)
I) Single-family, two family (11) or
multi-family dwellings for the housing of
institutional residents or affiliates (9)
2) Accessory Uses. The following
uses shall be permitted as
accessory uses in the above*
described ID Institutional District:
a) Located entirely within a principal
building, bookstores, or bars seating
not more than seventy-five (75)
persons at one time and located not
closer than two hundred feet (200')
from the nearest Residential or Office
Residential District.
b) All uses customarily incidental to
the principal permitted uses in
conjunction with which such accessory
uses operated or maintained, but not to
include commercial use outside the
principal building.
3) No conditional uses shall be
allowed.
B. Lot and Bulk ReoLilation~
Development of land in the ID
Institutional District shall be regulated
].84 Regular Session, May 3, 1999
as follows:
1) The proposed Library a'ddifion shall
be located in conformance with the
attached campus development plan
and all final site development plans are
to be approved in accordance with
provisions of the ID Institutional District
regulations.
2) A maximum building height of 50
feet shall be allowed for the new
Library building addition.
C. Performance Standards
The development and maintenance of
uses in this ID Institutional Distdct shell
be established in conformance with
Section 3-5.2 of the Zoning Ordinance
and the following standards:
1) The proposed parking lot additions
providing a minimum of 56 additional
spaces shall be constructed by the
beginning of the 1999 fel~ semester.
2) New outdoor lighting for the
proposed parking lot additions and
Library expansion shall use at least 90
degree cutoff light f'~tures.
3) Landscaping shall be provided in
compliance with Section 4.4 of the
Zoning Ordinance.
4) Screening shall be provided along
the north side of the parking lot
proposed for the southwest corner of
Algona and Bennett Streets.
5) Ail utilities including telephone and
cable television shall be installed
underground.
6) No grading, excavating, or other
land disturbing activity may occur
before approval is granted for a final
subdivision plat and improvement
plans, and/or a final site development
plan.
7) Final site development plans shall
be submitted in accordance with
Section 4.4 of the Zoning Ordinance.
D. parkine Reeuirements
The off-street parking requirements for
the principal permitted uses for the
herein described ID institutional Distdct
shall be designated by a bracket
enclosed number next to the use, as
herein described:
(9) 1.5 spaces for each dwelling unit
(11) Two spaces for each dwelling unit
(14) One space for each four hundred
square feet devoted to office use or
one space for each employee on the
maximum shift, whichever is greater.
(7) One space for each four permanent
seats.
(13) One space for each five hundred
square feet of floor area accessible to
the general public.
(45) Dormitories - one space for each
bed
Gymnasiums - one space for each six
Employees - .75 spaces for each
employee on the maximum shift
E. Open S~ace and Recreational Areas
Those areas not designated on the
conceptuel development plan for
development shall be maintained as
open space, as defined by Section 8 of
the Zoning Ordinance by the property
owner and/or association.
F. Sian Reaelatons
The sign regulations shall be the same
as that which are allowed in the ID
Institutional District as established in
Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
1) The conceptual development plan
shall be valid for a period of five (5)
,ears provided final site development
plan is submitted within two (2) years
from the date of approval.
2)That all previously approved
conceptual development plans are
hereby amended to allow for the
attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of
property in this ID Institutional District
shall include the transfer or ~ease
agreement a provision that the
~urchaser or lessee acknowledges
awareness of the conditions
authorizing the establishment of the
district.
[. M~dificetions
Any modifications of this Ordinance
must be approved by the Cb Council
~n accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance.
J. Recordine
A copy of this ordinance shall be
ecorded at the expense of the property
owner(s) with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval within ten (10)
days of the adoption of this ordinance.
This ordinance shall be binding upon
the undersigned and all his/her heirs,
successors and assignees.
Section 3. That the foregoing
amendment has heretofore been
reviewed by the Zoning Commission of
the City of Dubuque, Iowa.
Section 4. That the foregoing
amendment shall take effect upon
publication, as provided by law.
Passed, approved, and adopted this
3rd dayof May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 34-99
Reqular Sessioni May 3~ 1999 185
I, Reverend Jeffery F. Bullock,
President, University of Dubuque,
having read the terms and condi~ons of
the foregoing Ordinance No. 34-99 and
being familiar with the conditions
thereof, hereby accept the same and
agree to the conditions required
therein.
Dated this 3rd day of May, 1999.
By:. Is/Reverend Jeffrey F. Bullock,
President, Univers~ of Dubuque
Published officially in the Telegraph
Herald new~paper this 10th day of
May, 1999.
Mary A. Davis CMC, C~ Clerk
It 5/10
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carded 7-0.
Proof of publication cer'~ed to by
the Publisher on Notice of Public
Headng to rezone property North of
Asbury Rd. and west of Northwest
Artedal from AG to PUD District as
requested by Corey Development Ltd.,
presented and read. Buol moved that
the proof be received and filed.
Seconded by Michalsld. Carded bythe
following vote: Yeas--Buol, Markham,
Michalski, Nicholson, Robbins,
Voetberg. Nays--Duggan.
An Ordinance Amending Zoning Map
by reclassifying property located North
as Asbury Road and West of the
Northwest Artedal from AG Agricultural
Distdct to PUD Planned Unit
Development Distdct with a PC
Planned Commercial Distdct
designation an adopting an amended
Conceptual Development Plan, with
cond~ons, first and second readings
given on 4-19-99, now presented for
further addon. Buol moved final
consideration and passage of the
Ordinance. Seconded by MichalskL
Carried by the following vote:
Yeas---Buol, Markham, Micha[skJ,
Nicholson, Robbins, Voetherg.
Nays---Duggan. Buol moved to
reconsider this acfion. Seconded by
Michalski. Motion carded 7-0.
Nicholson moved to table final
considerafion of this matter until the .5-
17-99 Council Meefing. Seconded by
Robbins. Motion carded 7-0.
Proof of publication cert~ed to by
the Publisher on Notice of Public
Headng to consider an Ordinance
pertaining to signage of the PC
Planned Commercial Distdct for
Medical Associates Clinic at 1500
Associates Ddve, City Manager
submitting 2 alternatives regarding
Medical Associates Sign Request
along Iowa 32 (Northwest Arterial) and
recommending approval of Alternative
B, presented and read. Michalski
moved that the proof and
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
Dr. Patdck spoke requesting the
approval of the Ordinance as they need
the signage.
An Ordinance Repealing Ordinance
No. 24-94 and Section 2.E(2) of
Ordinance No. 32-96 and enacting a
new Section in lieu thereof pertaining to
signage of the PC Planned Commercial
District for Medical Associates Clinic at
1500 Associates Drive, this Ordinance
denied by the Zoning Advisory
Commission, presented but no
readings given on the Council Meeting
of 4-19-99, now presented for further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 35-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY REPEAUNG ORDINANCE NO. 24-
94 AND SECTION 2.E(2) OF
ORDINANCE NO. 32-99 AND
ENACTING A NEW SECTION 2.E(2)
IN LIEU THEREOF PERTAINING TO
SIGNAGE OF THE PC PLANNED
COMMERCIAL DISTRICT FOR
MEDICAL ASSOCIATES CLINIC,
WITH CONDITIONS.
Whereas, Ordinance No. 32-96 was
adopted on June 3, 1996, bythe City
Council amending the PC Planned
Commercial D[stdct for Medical
Associates Clinic; and
Whereas, Medical Associates Clinic,
1500 Associates Drive, has requested
an amendment to the PUD Ordinance
regulating signage allowed in the PC
Planned Commercial District for
Medical Associates Clinic.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) is hereby amended
by repealing Ordinance No. 24-94 and
Section 2. E(2) of Ordinance No. 32-96
and enacting a new Section 2.E(2) in
lieu thereof, as follows:
2Ei Sign Regulafions.
Phases 1, 2 and 3 Business
[86 Regular Session, May 3, 1999
(Office/Retail/Service): Signage shall
be allowed in compliance with the C-3
District requirements, plus two 300
square foot freestanding ident~cation
signs not exceeding 40 feet in height
shall be allowed identifying the
businesses in the complex, subject to
the following conditions:
a) Approval by the Iowa Department
of Transportation (IDOT) of the location
and placement of the signs.
b) Vacation by the City Council of
the medians of Associates Drive and
Chavenelle Road, with ownership of
the median transferring to Medical
Associates Clinic, thereby making
these on-premise signs.
c) No off-premise signs shell be
allowed.
Sec'don 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect upon safisfaction and
documentation of the above-described
conditions.
Passed, approved and adopted this
3rd day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 35-99
I, John Patrick, M.D., the
undersigned, representing Medical
Associates Rea~ Company having
read the terms and conditions of the
Ordinance No.35-99 and being familiar
with the conditions thereof, hereby
accept this same and agree to the
cond~ions required therein.
Dated in Dubuque, Iowa this 3rd day
of May, 1999.
By/s/John Patdck' M.D.
President, Medical Associates
Realty Co.
Michalski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meefings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
Nichoison. Carried by the following
vote: Yeas--Buo[, Markham, Michalski,
Nicholson, Robbins, Voetberg.
Nays--Duggan. Michalski moved final
consideration and passage of the
Ordinance. Seconded by Nicholson.
Carded by the following vote:
Yeas--Buol, Markham, Michalski,
Nichoison, Robbins, Voetberg.
Nays--Duggan.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to consider an Ordinance
reclassifTing property located at 605
Bluff Street from OR to C-4 District,
(Requested by Kathleen Freeman -
Washington Westport Corp., Inc.),
presented and read. Nicholson moved
that the proof be received and filed.
Seconded by Markham. Carried bythe
following vote: Yeas--Buo[, Duggan,
Nicho[son, Robbins. Nays--Markham,
Michalski, Voetberg.
Kate Freeman spoke giving
specifics of the proposed development
into a 50 room motel with a chapel and
dining room and requested favorable
rezoning. John Davis of the Housing
Center spoke of the difficulty in placing
the current roomers. Sue Czeshinski,
Director of the Convention & Visitors
Bureau spoke of favor of the
development citing the positive
improvement of this area.
An Ordinance Amending Zoning
Ordinance by reclassifTing property at
605 Bluff Street from OR Office
Residential District to C-4 Downtown
Commercial District, with first and
second readings given on 4-19-99, now
~resented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 36-99
AN ORDINANCE AMENDING
APPENDIX A ('THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 605 BLUFF STREET FROM OR
OFFICE RESIDENTIAL DISTRICT TO
C-4 DOWNTOWN COMMERCIAL
DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclass'ffying the
hereinafter described property from OR
Office Residential District to C-4
Downtown Commercial Distdct to wit:
City Lots 618, 619, 620, the northerly
7.2 inches of the easterly 176 feet of
City Lot 617 and Lot 14 and the
northerly 113 feet of Lot 13 in Codell's
subdivision and to the center line of the
adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
Re.qular Sessioni May 3i 1,999'
187
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
lo,va.
Section 3. This ordinance shall take
affect immediately upon publication, as
provided by law.
Passed, approved and adopted this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
May, 1999.
Mary A: Davis CMC, City Clerk
It 5/10
Nicholson moved final consideration
and passage of the Ordinance.
Seconded by Markham. Carded by
the fo[lowing vote: Yeas-Buo[, Duggan,
Nicholson, Robbins. Nays-Markham,
Michalski, Voetberg.
Proof of publicafion certitied to by
the Publisher on Notice of Public
Headng to reclassify property at 3536
Crescent Ridge from PUD, R-2 and AG
Distdct to R-3 Moderate Density Mul~-
Family ResidenlJa[ District. (requested
by Michael Steele) and Applicant
Michae~ Steele withdrawing his request
for rezoning, presented and read.
Voetberg moved that proof and
communication received and tiled and
request for withdrawing accepted.
Seconded by Nicholson. Motion
carded 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to reclassify property at 3616
Crescent Court from R-1 to C-3 Disthct
(requested by Mike Finnin), presented
and read. Markham moved that the
proof and communication be received
and filed. Seconded by Buol. Motion
carded 7-0.
An Ordinance Amending Zoning Map
by reclassifying property located at
3616 Crescent Court from R-I Single
Family Residential Distdct to C-3
General Commercial District, with
Conditions, with first and second
readings given on 4-19-99, now
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 37-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 3616 CRESCENT COURT FROM
R-1 SINGLE FAMILY RESIDENTIAL
DISTRICT TO C-3 GENERAL
COMMERCIAL DISTRICT, WITH
CONDITIONS
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Secfion 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from R-
Single-Family Residential District to
C-3 General Commercial Disthct with
conditions, to wit
Lot 1 of McCoy Add~on, and to the
center line of the adjoining public right-
of-way, all in the City of Dubuque,
Iowa,
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Iowa.
Sec'don 3. This ordinance shall take
effect immediately upon publication, as
~rovided by law.
Passed, approved and adopted this
3rd day of May, 1999.
Torrance M. Duggan, Mayor
Attest MaryA: Davis, Cb Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
May, 1999.
MaryA. Davis CMC, Cb Clerk
It 5/10
Markham moved final consideration
and passage of the Ordinance.
Seconded by Buol. Motion carded 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to consider disposing of City's
interest in Lot 4A of Northview Center
Grove Place to Mike Finnin Ford and
City Manager recommending to
proceed with vacation and sale of
property, presented and read. Buol
moved that the proof and
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 206-99
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 4A OF
NORTHVlEW CENTER GROVE
PLACE IN THE CITY OF DUBUQUE,
IOWA
Whereas, pursuant to resolution and
~ublished nofice of fime and place of
headng, published in the Telegraph
Herald, a newspaper of general
188 Regular SeSsion, May 3, 1999
circulation published in the City of
Dubuque, Iowa on 23rd day of April,
1999, the City Council of the City of
Dubuque, Iowa met on the 3"~ day of
May, 1999, at 7:00 p.m. in the Public
Libran/ Auditorium, 11th and Locust,
Dubuque, Dubuque, County, Iowa to
consider the proposal for the sale of
real estate dsscdbed as:
Lot 4A of Northview Center Grove
Place in the City of Dubuque, Iowa
Whereas, the City Council of the Cb
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such real estate,
except for easement as noted.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of
Dubuque real property described as
Lot 4A of Northview Center Grove
Place in the City of Dubuque, iowa to
Mike Finnin Ford be and the same is
hereby approved for the sum of
$300.00 plus cost of publication,
platlfng and tiling fees. Conveyance
shall be by Quit Claim Deed.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, construction,
reconstructing, repairing, owning,
operating, and maintaining water,
cable, and e[ectdc lines as may be
authorized by the City of Dubuque,
iowa, as shown on the plat of Lot 4A of
Northview Center Grove Place in the
City of Dubuque, Iowa.
Section 3. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Mike Finnin Ford upon receipt of the
purchase pdce in full.
Section 4. That the City Clerk be
and is hereby authorized and directed
to record a cerdtied copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque CountyAuditor.
Passed, approved and adopted this
3~ day of May, 1999.
Terrance M. Duggan, Mayor
Attest Man/A: Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Proof of publication cer~ed to by
the Publisher on Notice of 2nd
amendment to FY'99 Budget and City
Manager recommending approval of
budget amendment for FY'99,
~resented and read. Robbins moved
that the proof and communication be
received and tiled. Seconded by
Michalski. Motion carded 7-0.
sewer, drainage, gas, telephone___,
Reqular Session; May 3~ ~1999 189
Robbins moved adoption of the
Resolution. Seconded by Michalski.
Motion carded 7-0.
The fo[lowing matter was tabled at
the meeting of 4-19-99. Michalski
moved to remove the following ~tem
from the table. Seconded by Buol.
Motion carded 7-0.
Cit~ Manager submitting amended
Housing Code as revised and concerns
regarding Housing Code Enforcement
Program; Ruth & Russ Nash
requesting effective code interpretation
and enforcement as contained in the
proposed revisions of the Housing
Code; President of Histodc Bluff
Neighborhood Assn. strongly
supporting maintaining the city
ordinance to shield and screen
garbage cans and waste containers
and supporting the flaking paint
ordinance as well; Cadeen Schroeder
expressing concerns in housing codes
par~culady garbage issue and paint
code; Tom Mueller to address Council
regarding amendments to Housing
Code, presented and read. Michalski
moved that the communications be
received and tiled. Seconded by Buol.
Motion carded 7-0.
Mr. Mueller spoke requesting
adoption of that poCdon of the
Ordinance on the Lead Based Paint.
An Ordinance Amending certain
sections of Chapter 26 of City Code,
Housing Regulations, relating to scope
and application; relating to storage of
garbage containers; relating to service
of notice of violations; relating to
license payment penalties; relating to
refunds of appeals fees; relating to
ventilation of bathrooms to enclosed
porches; relating to exterior openings in
enclosed porches; relating to extedor
wood and bdck surfaces; relating to
treatment of intedor and exterior
painted surfaces, presented and read.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 38-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 26,
HOUSING REGULATIONS, BY:
REPEALING SECTION 26-1(c)
RELATING TO SCOPE AND
APPLICATION AND ADOPTING IN
UEU THEREOF A NEW SECTION 26-
1(c) RELATING TO SCOPE AND
APPLICATION; REPEALING
SECTION 26~3(b)(1)e. RELATING TO
STORAGE OF GARBAGE
CONTAINERS AND ADOPTING IN
LIEU THEREOF A NEW SECTION 26-
3(b)(1)e. RELATING TO STORAGE
OF GARBAGE CONTAINERS;
REPEALING SECTION 26~3(b){2)c.
RELATING TO STORAGE OF
GARBAGE CONTAINERS AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 26-3(b)(2)c.
RELATING TO STORAGE OF
GARBAGE CONTAINERS;
REPEALING SECTION 26--4(a)(4)
RELATING TO SERVICE OF NOTICE
OF VIOLATIONS AND ADOPTING IN
LIEU THEREOF A NEW SECTION
4(a)(4) RELATING TO SERVICE OF
NOTICE OF VIOLATIONS;
REPEALING SECTION 26-7(a)(5)b.
RELATING TO LICENSE PAYMENT
PENALTIES AND ADOPTING IN LIEU
THEREOF A NEW SECTION 26-
7(a)(5}b. RELATING TO LICENSE
PAYMENT PENALTIES; AMENDING
SECTION 26-9(b) RELATING TO
PAYMENT OF APPEALS FEES BY
ADOPTING A NEW PARAGRAPH
RELATING TO REFUNDS OF
APPEALS FEES; AMENDING
SECTION 26-10(b)(3)c. RELATING
TO VENTILATION OF BATHROOMS
BY ADOPTING A NEW PARAGRAPH
RELATING TO VENTILATION OF
BATHROOMS TO ENCLOSED
PORCHES; AMENDING SECTION 26-
10(f)(3)a. RELATING TO EXTERIOR
OPENINGS BY ADOPTING A NEW
PARAGRAPH RELATING TO
EXTERIOR OPENINGS IN
ENCLOSED PORCHES; REPEALING
SECTION 26-10(g)(3}e. RELATING
TO EXTERIOR WOOD AND BRICK
SURFACES AND ADOPTING IN LIEU
THEREOF A NEW SECTION 26-
10(g)(3)e. RELATING TO EXTERIOR
WOOD SURFACES; REPEALING
SECTION 26-3(b){1)e. RELATING TO
STORAGE OF GARBAGE
CONTAINERS AND ADOPTING IN
LIEU THEREOF A NEW SECTION 26-
3(b)(l)e. RELATING TO STORAGE
OF GARBAGE CONTAINERS;
REPEALING SECTION 26-3(b)(2)c.
RELATING TO STORAGE OF
GARBAGE CONTAINERS AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 26-3(b}(2)c.
RELATING TO STORAGE OF
GARBAGE CONTAINERS;
NOW, THEREFORE, BE IT
].90 Regular Session, May 3, 1999
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section f. Section 26-f(c) of the City
of Dubuque Code of Ordinances is
hereby
repealed, and the following new
Section 26-1(c) is hereby adopted in
lieu thereof: The provisions of this code
shall apply to all real or personal
properb/or portions thereof designated,
used, or intended to be used, for
human habitation. Real or personal
property in existence at the time of
passage of this code shall have its
construction, design, arrangement, use
and occupancy continued if such was
constructed in accordance with the
code applicable to the city at that time
provided they are not presently likely
to endanger the life, limb, health or
safety of the occupants or owners, or
the public in general.
Section 2. Section 26-4(a)(4) of the
City of Dubuque Code of Ordinances is
hereby repealed, and the following new
Section 26-4(a)(4) is hereby adopted in
lieu thereof.' Be served upon the owner,
the owner's agent or occupant by
delivering the same at the owner's
residence, office or place of business
by ceddtied mail, regular mail or in
person. Ali such mail shall bear indicia
requesting return to sender or
forwarding address, if not deliverable
as addressed;
Section 3. Section 26-7(a)(5)b. of the
City of Dubuque Code of Ordinances is
hereby repealed, and the following new
Section 27-7(a)(5)b. is hereby adopted
in lieu thereof: Issuance of rental
dwelling operating licensss under this
chapter is required effective Janualy 12
1981. Any application made for such
license after August I 1981 on any
rental dwelling unit which was rented
on August 1 1981 shall be assessed a
penalty amount often percent (10%) of
the cost of the annual license for each
year or portion of a year of delinquency
after August I 1981.
Section 4. Section 26-9(b) of the City
of Dubuque Code of Ordinances is
hereby amended by adopting the
following new paragraph: If the
appellant's appeal is granted by the
Appeals Board, the fee shall be fully
refunded. If more than one appeal is
requested on a single property, the
Board shall refund the fee according to
a prorata determination of appeals
granted. This fee refund shall apply
both for variance and time extension
requests.
Section 5. Section 26-10(b)(3)c. of
the City of Dubuque Code of
Ordinances is hereby amended by
adopting the following new paragraph:
The outside of the building, or building
exterior, shall be construed as
including that area within an enclosed
porch, provided that: 1) such porch
may be ventilated by means of an
operable exterior window;, and 2) the
occupant has continuous access to
such porch.
Section 6. Section 26-fO(t)(3)a. of
the City of Dubuque Code of
Ordinances is hereby amended by
adopting the following new paragraph:
The outside of the building, or building
exterior, shall be construed as
including that area within an enclosed
porch, provided that: 1) such porch
may be ventilated by means of an
operable exterior window; and 2) the
occupant has continuous access to
such porch.
Section 7. Section 26-10(g)(3)e. Of
the City of Dubuque Code of
Ordinances is hereby repealed, and the
following new Section 26-10(g)(3)e is
hereby adopted in lieu thereof: Extedor
Wood Surfaces. All exterior wood
surfaces requiring chemical
)reservation shall be protected from
water seepage and against
deterioration with a paint covedng or
some other suitable matedaL
Requirement for treatment shall be the
same thresholds as required in 26-
100)(3)b.
Section 8. Section 26-3(b)(l)e. (This
section relates to the section of the
Code concerning landlord
responsibilities) of the City of Dubuque
Code of Ordinances is hereby
repealed, and the following new
Section 26-3(b)(1)e. is hereby adopted
in lieu thereof: Every owner or operator
of a duplex or multiple unit dwelling
shall supply garbage containers which
are adequate in number, approved by
the Housing Official and in compliance
with this Code. Containers shall not be
stored in a front yard area or on the
front porch of a dwelling, unless the
Housing Official determines that it is
impractical to provide an alternate
storage location.
Section 9. Section 26-3(b)(2)c. (This
section relates to the section of the
Code concerning tenant
responsibilities) of the City of Dubuque
Code of Ordinances is hereby
repealed, and the following new
Section 26-3(b)(2)c. is hereby adopted
in lieu thereof: Every owner or operator
of a duplex or multiple unit dwelling
shah supply garbage containers which
Reclular Session~ May 3~ 1999
191
are adequate in number, approved by
the Housing Official and in compliance
with this Code. Containers shall not be
stored in a front yard area or on the
front porch of a dwelling, unless the
Housing Official determines that it is
impractical to provide an alternate
storage location.
Section fO. This ordinance shall take
effect immediately upon publication.
Passed, approved and adopted this
3rd day of May, 1999.
Terrance M Duggan, Mayor
Attest:. Mary A Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
May, 1999.
Mary A. Davis CMC, City Clerk
It 5/10
MichalskJ moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Moflon carried 7-0.
Michalski moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Carried by
the following vote: Yeas---Buol,
Duggan, Markham, Michalski,
Nicholson, Robbins. Nays--Voetberg
on Section 7 only.
An Ordinance Amending Section 26-
10(j)(3)a. and b. relating to treatment of
interior and exterior painted surfaces,
presented and read.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 39-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 26,
HOUSING REGULATIONS, BY:
REPEALING SECTIONS 26-100)(3)a.
AND b. RELATING TO TREATMENT
OF INTERIOR AND EXTERIOR
PAINTED SURFACES AND
ADOPTING IN LIEU THEREOF NEW
SECTIONS 26-10(j)(3)a. AND b.
RELATING TO TREATMENT OF
INTERIOR AND EXTERIOR PAINTED
SURFACES.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section I. Sections 26-100)(3) a.
and b. of the City of Dubuque Code of
Ordinances
are hereby repealed, and the following
new Sections 26-10(j)(3)a. and b. are
hereby adopted in lieu thereof:
a. All interior painted surfaces shall be
free from loose, flaking or peeling paint,
or paint that is in any way noticeably
separating from the constructed
surface material, where these surfaces
are determined to have lead-based
paint. Surfaces without lead-based
paint do not have to be scraped if the
total area of defective paint is:
1. less than 2 square feet on an
interior building component with a large
surface area; or:.
2. less than ten percent (10%) of the
total surface area on any intedor
component with a small surface area.
A component is an element of a
residential structure, identified by type
and location, such as an intedor wall,
interior or extedor Window sill,
baseboard, kitchen floor, stair treads or
exterior wall.
RepaintJng will be required only
when the total area of defective paint
is:
1. mere than 2 square feet on an
interior bu ring component with a large
surface area; or:
2. more than ten percent (10%) of
the total surface area on any intedor
component with a small surface area,
i.e., window sills, baseboards or trim.
b. All extedor wood surfaces shall be
free from loose, flaking or peeling paint,
where these surfaces are determined
to have lead-based paint Surfaces
without lead-based paint do not have to
be scraped if the total area of defective
~aint is:
1. less than 10 square feet on an
exterior wall or less than 2 square feet
on any other exterior building
component; or:
2. less than ten percent (10%) of the
total surface area on any extedor
component with a small surface area.
Repainting will be required only when
the total area of defective paint is:
1. more than 10 square feet on an
exterior wall or more than 2 square feet
on any other exterior building
component. Or:
2. more than ten percent (10%) of
the total surface area on any exterior
component with a small surface area.
Passed, approved and adopted this
3rd day of May, 1999.
Terrance M Duggan, Mayor
Attest:. Mary A Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
May, 1999.
Mary A. Davis CMC, City Clerk
It 5/10
Voetberg moved that the
requirement that a proposed Ordinance
192 Regular Session, May 3, 1999
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
MichalskL Carried by the following
vote: Yeas~Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg.
Nays---Duggan. Voetberg moved final
consideration and passage of the
Ordinance. Seconded by Micha[ski.
Carded by the fo[lowing vote:
Yeas---Buol, Markham, Micha[ski,
Nicholson, Robbins, Voetberg.
Nays---Duggan.
City Manager recommending
approval on the aliocafion of
Community Development Block Grant
Community Partnership Funds to St.
Mark's Community Center, Central
Alternative High School, LitfJe Cloud
Gid Scouts, YWCA, and Dubuque Girls
Club, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by Buol.
Motion carried 7-0.
RESOLUTION NO. 208-99
RESOLUTION AUTHORIZING THE
AWARD OF COMMUNITY
PARTNERSHIP PROGRAM (cp2)
FUNDS FOR FISCAL YEAR 2000.
Whereas, under the provisions of
Title I of the Housing and Community
Development Act of 1974, as
amended, the City of Dubuque has
received Community Development
Block Grant (CDBG) funds for the
development and maintenance of a
viable urban community through the
provision of decent housing, a suitable
living environment and expanded
economic opportunities for its
residents, par~cularly those persons of
Iow and moderate income; and
Whereas, the Community
Partnership Program (cp2) was
developed in the City of Dubuque in
response to the national goals and
objectives of the CDBG program; and
Whereas, guidelines for the
[mplementafion of the Community
Partnership Program (cp2) were
approved by the City Council by
Resolution No. 259-92 on July 20,
1992 and amended by Resolufion 18-
96 on January 15, 1996, Resolution 64-
97 on February 3, 1997 and Resolution
43-98 on February 2, 1998.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Secfion 1. That the City Council
hereby awards Community Partnership
Program (cp2) monies to the following
organizations. The award shall consist
of a grant to the organizafion for the
identified project and shall be for the
amount noted below:
St. Mark's Community Center
Handicap Access- Elevator $50,000
Central AIternafive High School
CentraI,Daycare/Learning
Center $27,000
Little Cloud Girl Scouts
Paid Girl Scout Leadership $ 6,240
YWCA Lead Safe Shelter
Project $17,673
Dubuque Girls Club Computer
Literacy Program $ 7 303
Total $108,216
Section 2. That the City Manager be
and he is hereby authorized to develop
and execute contracts with
representatives from the
aforementioned organizations in
accordance with the program
guidelines established for the
Community Partnership Program and
with the regulations of the Community
Development Block Grant Program.
Section 3. That upon execution of
said contracts, the City Manager is
hereby authorized and directed to
disburse program funds in support of
the approved projects and in
accordance With the terms and
conditions established in said
contracts.
Passed, approved and adopted this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolufion. Seconded by BuoL Motion
carded 7-0.
City Manager recommending
approval of America's River Project
Naming Opportunities, presented and
read. Buol moved that the
communicafion be received and filed
and recommendafion approved.
Seconded by Robbins. Motion carried
7-0.
City Manager submitting an
Ordinance designating Rosemont
Street as a through street, presented
and read. BuD[ moved that the
communication be received and filed.
Seconded by Voetberg. Motion carried
7-0.
An Ordinance Amending Code of
Ordinances by adding Rosemont Street
to subsection (b) of Section 32-213
thereof providing for the designation of
through streets (Resemont St. from
N.P.L. of Penn. Ave. to S.P.L. of
Regular Session, May 3,1999
Hillcrest Rd.), presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 40-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
ADDING ROSEMONT STREET TO
SUBSECTION (b) OF SECTION 32-
213 THEREOF PROVIDING FOR THE
DESIGNATION OF THROUGH
STREETS
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1, That the Code of
Ordinances of the City of Dubuque,
iowa be amended by adding Rosemont
Street to Subsection (b) of Section 32-
213 thereof as follows:
"Sec 32-713, Throuoh Streets.
(b)
Rosemont Street, from the north
property line of Pennsylvania Avenue
to the south property line of Hillcrest
Road
Passed, approved and adopted this
3~ day of May, 1999.
Torrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
May, 1999.
Mary A. Davis CMC, City Clerk
It 5113
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended. Seconded by
Voetberg. Motion carried 7~0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Voetberg. Motion carded 7-0.
City Manager subm~ng Ordinance
to prohibit possession of fireworks,
presented and read. Buol moved that
the communication be received and
flied. Seconded by Voetberg. Motion
carried 7-0.
An Ordinance Amending the City of
Dubuque Code of Ordinances by
enacting a new Section 33-17,
prohibiting the possession of fireworks,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 41-99
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ENACTING A NEW
SECTION 33-17, PROHIBITING THE
POSSESSION OF FIREWORKS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa, is hereby amended by adding a
new Section 33-17, ended Possession
of Fireworks, as follows:
SECTION 33-17. Possession of
Fireworks.
(a) Definition. The term "fireworks"
includes any explosive composition, or
comb[nation of explosivss, substances
or articles prepared for the purpose of
producing a visible or audible effect by
combustion, explosion or detonation
and includes blank cartridges,
firecrackers, torpedoes, sky rockets,
Roman Candies or other fireworks of
like construction and fireworks
containing any explosive or tlammab]e
compound, or other device containing
any explosive substance. The term
"fireworks" does not include gold star-
producing sparklers on wires that
contain no magnesium or chlorate or
)erchlorate, flitter sparklers in paper
tubes that do not exceed 1/8 inch in
diameter, toy snakes that contain no
mercury, or caps used in cap pistols.
(b) Exemption. The use of blank
cartridges for a show or the theater, or
for signal purposes in athletic events,
or by railroads or trucks for signal
purposes, or by recognized military
organizations is exempt from this
Section.
(c) Prohibition. No person shall
)ossess fireworks except as provided
in Section 33-11.
Section 2. This ordinance shall take
effect upon publication.
Passed, approved and adopted this
3rd day of May, 1999.
Torrance M. Duggan, Mayor
MaryA. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
May, 1999.
Mary A. Davis CMC, City Clerk
It 5/10
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two CounciI Meefings pdor
to the meeting at which it is to be finally
~assed be suspended. Seconded by
MichalskL Mofion carded 7-0.
Markham moved finat consideration
and passage of the Ordinance.
Seconded by Michaiski. Motion carried
194 Regular Session, May 3, 1999
7-0.
City Manager submitting documents
providing for bidding process for
installation of traffic signals at the
intersection of Asbury Rd. and Chaney
Rd.. presented and reed. Michalski
moved t~at the communication be
received and filed. Seconded by Buol.
Motion carded 7-0.
RESOLUTION NO. 209-99
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 Asbury Road at
Chancy Road Traffic Signal
Installation, in the estimated amount of
$52,092.07, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
3rd day ef May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 210-99
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 Asbury Road at
Chaney Road Traffic Sig~nal
Installation.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of June, 1999, 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
headng 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
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 211-99
ORDERING BIDS
NOW THEREFORE, BE iT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Asbury Road at Chaney
Road Traffic Signal Installation
hereby ordered to be adver~sed for
bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than forty-five days pdor to
the receipt cf said bids at 2:00 p.m. on
the 25th day of May, 1999. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to the
Council for final action at 7:00 p.m. on
the 7th day of June, 1999.
Passed, adopted and approved this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Ma~y A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by BuoL Motion
carded 7-0.
City Manager submffting documents
providing for construction of 1999 P.C.
Concrete Paving Project No. 2
(Arlington & W. Fifth Streets),
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 212-99
Reqular Session, May..3i 1999
195
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 1999 P.C.
Concrete Paving Project- No. 2, in the
estimated amount of $920,034.82, are
hereby approved and ordered filed in
tha office of the City Clerk for public
inspection.
Passed, adopted and approved this
3rd day of May, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 213-99
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 1999 P.C. Concrete
Paving Project ~ No. 2.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of June, 1999, a
public headng will be held at 7:00 p.m.
m the Public Library Auditorium at
which time interested pemons may
appear and be heard for er 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
headng 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 pder to the day fixed for ~s
consideration. At the heating, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement,
Passed, adopted and approved this
3rd day of May, 1999.
Terranca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution, Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO, 214-99
RESOLUTION OF NECESSITY
Whereas, proposed plans have been
duly prepared and approved by the C~
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 flied
by the City Council, for the 1999 P.C.
Concrete Paving Project- No. 2.
NOW THEREFORE, BE ~T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the City Council deems it
advisable and necessary for the public
we[fare 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
C~erk 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 propodJon to the special benef'~
conferred.
The portion of the cost which shall
be borne by the City will be paid from
Street Construction Fund, Local Option
Sa~es Tax Fund, Sanitary Sewer
Construction Fund, the Water
Depreciation 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
~rocaeds thereof used to pay the
contractor.
The above resolution was
introduced, approved and ordered
~laced on file with the Cit7 Clerk this
3rd day of May, 1999.
Approved and placed on fiJe for final
action.
Torrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
196 Regular Session, May 3, 1999
RESOLUTION NO. 215-99
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
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 CH. Clerk for public
inspection, for the 1999 P.C. Concrete
Paving Project- No. 2, and,
Whereas, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on die in
the City Clerk's office for public
inspection.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of June, 1999, a
public headng will be held at 7:00
o'clock p.m. in the Public Library
Auditorium in the City of Dubuque at
which idme the owners of property
~ubject to assessment for the proposed
~mprovement 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 Cb Clerk be and is hereby
authorized and directed to cause a
notice of time and place of such
headng 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 shail be not less than ten days
pdor to the day fixed for its
consideration. Unless property owners
at the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
Resolution of Necessity they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 216-99
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 3
inclusive, are hereby determined to be
the schedule of proposed assessments
for the 1999 P.C. Concrete Paving
Project - No. 2 and the valuations set
out herein are hereby approved.
Passed, approved and adopted this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 217-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the 1999 P.C. Concrete Paving
Project - No. 2 is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is. hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than forty-five days pdor to
the receipt of said bids at 2:00 p.m. on
the 15th day of June, 1999. Bids shall
be opened and read by the City Clerk
at said time and will be submitted to the
Council for final action at 7:00 p.m. on
the 21st day of June, 1999.
Passed, adopted and approved this
3rd day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded
At 10:49 P.M. Michalski moved to go
into Closed Session In accordance with
Chapter 21.5 1.(c) State Code of Iowa,
1997 as amended To discuss strategy
with counsel in matters where litigation
)s imminent and its disclosure would be
likely to prejudice or disadvantage the
)osition of the governmental body in
this liUgation AND Chapter 21.5 1.(j) To
discuss the purchase of padicular real
estate where premature disclosure
Reqular Sessioni May 3i 1999
could be reasonably e×pected to
increase the price the governmental
body would have to pay for that
property AND Chapter 20.17 (3) To
Discuss Collective Bargaining Strategy.
Seconded by Voetberg. Motion carded
7~0.
At 11:19 P.M. Council reconvened
Regular Session with statement that
Staff had been given proper direction.
There being no further business,
Michalski moved to adjourn. Seconded
by Voetberg. Motion carded 7-0, The
meeting adjourned at 11:20 P.M.
/s/Mary A. Davis CMC
City Clerk
Appr°ved ~ ~ ~/ ,1999
Council Members
C~ Cler~
197
Board of Health, May 10, 1999
DUBUQUE
BOARD OFHEALTH
OFFICIAL
PROCEEDINGS
Special Board of Health Meeting,
May 10, 1999
Joint Session with County Board of
Health and Dubuque County Board of
Supe~sors
Boards Convened at 4:30 P.M., at
The Finley Hospital Auditorium
Present: City Board Members Buoi,
Michalsid, N[cholson, Robbins,
Voetberg.
Absent: Chairperson Duggan, Board
Member Markham.
Also Present: Dubuque County
Board of Supervisors, Dubuque County
Board of Health Members, Julie
McMahon of the Iowa Dept. of Public
Health, City Staff:. City Manager
Michael Van Milligen, Assistant City
Manager Tim Moerman and Public
Heaff. h Specialist Mary Rose Corrigan.
Dinner was served at 4:30 p.m. with
introductions being made.
Following dinner, Julie McMahon
addressed those present and reviewed
the role and responsibilities of Local
Boards of Health as specified in Ch. 77
of the State Code and addressed our
existing state, desired state and
implications for change.
Open discussion was held by those
present with suggestions as to what
and how open discussions can
continue. Fur[her discussion was to
be on planning and determining roles.
There being no further business,
Robbins moved to adjourn. Seconded
by Voetberg. Motion carried.
Is/Mary A, Davis CMC
Secretary, Board of Health
Secretary, B~rd of Health
Repular Sess on, May 17, 1999 ].99
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May
17, 1999
Council Met at 7:00 P.M., Public Library
Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Mi[ligen,
Corporation Counsel Barry A. LindahL
Mayo~ Duggan read the call and
stated this is the Regu{ar Session of
the City Counc~ called for the purpose
to act upon such business which may
propedy before the Council
invocation was-given by' Mayor
Duggan.
Fire Chief Dan Brown gave an
update on storm damages created by
heavy rains on May 16th & May 17th.
Pmclamafions: Month of May as
"Foster Care Month" received by Frank
& Mary Miller, and May 28-30 as
"Poppy Days."
MINUTES SUBMI~-FED: Cable
Teleprogramming Commission of 5-11;
Cable TV Regulatory Commission of 4-
14; CMl Service Commission of 4-12;
Electrical Code Board of 5-10;
Environmental Stewardship Advisory
Commission of 5--4; Park & Recreation
Commission of 4-13; Zoning Advisory
Commission of 5-5; Zoning Beard of
Adjustment of 4-29, presented and
read. Voetberg moved that the
minutes be received and filed.
Seconded by Robbins. Motian carded
7-0.
Proofs of publication certified to by
the Publisher on publishing Board of
Health and Council Proceedings for
meeting of 4-19; List of Claims &
Expenditures and Summary of
Revenues for month ending 3-31-99;
Combined Public Notice of Finding of
no Significant Impact and Notice of
Intent to Request Release of funds for
various projects, presented and read.
Voetberg moved that the proofs be
received and filed. Seconded by
Robbins. Motion carded 7-0.
NOTICES OF CLAiMS/SUITS: Oliver
Boleyn in amt. of $50.00 for property
damages; Chades Burkart in amount of
$150.00 for backed up sewer
damages; Gary Carstens in unkno~/n.
amount for vehicle damages and
pemonal injuries; Daniel R. Grutz in
amount of $98.97 for property
damages; Lisa Hammer in amount of
$6,200 for personal injuries; Mulgrew
O Co. n amount of $312. for property
damages; Rainbo Oil in an unknown
amount for vehicle damages; Dennis
Richey in amt. of $164.30 for vehicle
damages; Tara Winger in amt. of
$2000.00 for physical abuse, presented
and read. Voetberg moved that the
c~aims and suits be referred to the
Legal Staff for investigation and report.
Seconded by Robbins. Mofion carded
7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Se~ces of Iowa, the
agent for the Iowa Commun~es
Assurance Pool; property damage of
International Bag Company; Vehicle
damage of Andrew M. Obdecht.
presented and read. Voetberg moved
that the communication be received
and tiled. Seconded by Robbins.
Motion carried 7-0.
Corporation Counsel recommending
settlement of property damage claim of
Made Locher in the amount of $94.15,
presented and read. Voetberg moved
that the settlement be approved and
Finance Director to issue the check.
Seconded by Robbins. Motion carded
7-0.
Corporation Counsel recommending
denial of property damage claim of
Robert & Colleen Baker, presented and
read. Voetberg moved that the
communication be received and flied
and recommendation for denial
approved. Seconded by Robbins.
Motion carded 7-0.
REFUNDS REQUESTED: Whitey's
Bar X, $633.75 on unexpired Liquor
License; P.J.'s Tap, $211.25 on
unexpired Liquor License, presented
and read. Voetberg moved that the
refund be approved and Finance
Director to issue proper check.
Seconded by Robbins. Motion carried
7-0.
200 Regular Session, May 17, 1999
May5, 1999
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, the Civil
Se~Mce Commission conducted a
written promcdJonal examination on
Apdl 6, 1999 for the position of Fire
Equipment Operator in the Fire
Department.
We hereby certify that the following
members of the Fire Department have
passed this written promotional
examination and promotion for this
pos~on should be made from this list.
FIRE EQUIPMENT OPERATOR
Mark Burkle Robert Rehfeldt
Thomas Reed CaMn Motsch
Wayne Dow Lawrence Ewert
Jeffrey Zasada Jonas Bandy
Respectfully submitted,
Mede J. Duehr, Jr., Chairperson
Loras J. Kiuesner
Thomas E. Rawson
CMl Se~ce Commission
May 5, 1999
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iow'a, the Civil
Service Commission conducted a
written promotional examination on
Apdl 6, 1999 for the position of Medical
Of~cer in the Fire Department.
We hereby ceCdfy that the following
members of the Fire Department have
passed this written promotional
examination and promotion for this
position should be made from this list.
MEDICAL OFFICER
Mark Murphy
Chades Blasen
Phil Arensderf
Respectfully submitted,
Mede J. Duehr, Jr., Chairperson
Lorss J. Kluesner
Thomas E. Rawson
CMl Sen4ce Commission
May 5, 1999
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, the Civil
Service Commission conducted a
written promotional examination on
Apdl 5, 1999 for the position of
Lieutenant in the Fire Department.
We hereby certi~ that the following
members of the Fire Department have
passed this wdtten promotional
examination and promotion for this
position should be made from this list.
LIEUTENANT
Randall Rick Mark Burkle
Michael Burds Calvin Motsch
Terry1 Stewart Michael Elliott
Robert Lange
Respectfully submitted,
Mede J. Duehr, Jr., Chairperson
Loras J. Kluesner
Thomas E. Rawaon
Civil Service Commission
May 5, 1999
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, the CMl
Service Commission conducted a
written promotional examination on
Apdl 5, 1999 for the position of
Assistant Fire Marshal in the Fire
Department.
We hereby certify that the following
members of the Fire Department have
passed this written promotional
examination and promotion for this
3osidon should be made from this list.
ASSISTANT FIRE MARSHAL
Terryl Stewart
Thomas Reed
Respectfully submitted,
Merle J. Duehr, Jr., Chairperson
Loras J. Kluesner
Thomas E. Rawson
Civil Service Commission
May 5, 1999
Honorable Mayor and Members of
he City Council
In accordance with Chapter 400 of
the 1997 Code of iowa, the Civil
Service Commission conducted a
written promotional examination on
April 5, 1999 for the position of
Assistant Fire Chief in the Fire
Department. We hereby certify that
the following members of the Fire
Department have passed this written
promotional examination and
promotion for this position should be
made from this list.
ASSISTANT FIRE CHIEF
Rick Stein ss
James Imhof
Joseph Blodgett
Respectfully submitted,
Merle J. Duehr, Jr., Chairperson
Loras J. Kluesner
Thomas E. Rawson
Civil Service Commission
May 5, 1999
Honorable Mayor and Members of'
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, the Civil
Service Commission conducted a
ReqularSession, May 17, 1999
201
written promotional examination on
.Apdl 5, 1999 for the position of Captain
in the Fire Depar~nent
We hereby ced~ that the following
members of the Fire Department have
passed this written promotional
examination and promotion for this
position should be made from this list.
CAPTAIN
Eugene Hudek
Christopher Miller
Jeff UdeJhofen
Rick Bankson
Roger Voss
Respectfully submitted,
Merle J. Duehr, Jr., Chairperson
Loras J. Kluesner
Thomas E. Raw. on
Civil Service Commission
Voetberg moved that the above Civil
Service certifications be made a matter
of record. Seconded by Robbins.
Motion carded 7-0.
Dubuque Initiatives requesting City
release an utility easement for property
on Radford Road, presented and read.
Voetberg moved that this matter be
referred to the City Manager for
investigation and report. Seconded by
Robbins. Motion carded 7-0.
Stone Hill Care Center requesting
City to Vacate an existing 18 foot
sanitary sewer easement in Stone Hill
Community Subdivision No. 1,
presented and read. Voetberg moved
that this matter be referred to the City
Manager for investigation and report.
Seconded by Robb[ns. Motion carded
Zoning Advisory Commission
advising of their approval of plat of
KIoser Addition, presented and read.
Voetberg moved that the
communication be received and flied.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 218-99
A RESOLUTION APPROVING THE
PLAT OF SURVEY OF KLOSER
ADDITION iN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with
the City Clerk a plat of survey of KJoser
Addition, in the City of Dubuque, Iowa;
and
Whereas, said plat provides Lot 1
and Lot 2 with 15 feet of lot frontage,
where 60 feet is required by Section
42-19(b) of the Subdivision
Regulations; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot 1 and Lot 2 to have 15 feet
of frontage, where 60 feet is required.
Section 2. That the plat of survey of
Kloser Addition is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat
Passed, approved and adopted this
17th dayofMay, 1999.
Terranca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending the
selection of DMG Maximus as
consultant selection for Operations and
Maintenance Garage Site, Space and
Needs Feasibility Study, presented and
read. Voetberg moved that the
communication be received and tiled
and recommendation approved.
Seconded by Robbins. Motion carded
City Manager recommending
acceptance of collective bargaining
agreements between the City and
Dubuque Police Protective Association
and International Union of Operating
Engineers, Local #758 and authorizing
Mayor to execute, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-9.
RESOLUTION NO. 219-99
APPROVING THE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THE INTERNATIONAL
UNION OF OPERATING ENGINEERS,
LOCAL ~q'58 AND AUTHORIZING
THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General
Assembly adopted the Public
Employment Relations Act, Chapter 20,
Code of Iow~; and
Whereas, the City of Dubuque is a
Regular Session, May 17, 1999
public employer within the meaning of
Section 3 (1) of the Public Employment
Relations Act; and
Whereas, the Interna'donal Union of
Operating Engineers, Local #758 is an
employee organization within the
meaning of Section 3 (4) of the Public
Employment Relations Act, and
Whereas, the International Union of
Operating Engineers, Local #758,
submitted a request to bargain
collectively on behaff of the employees
within its representation; and
Whereas, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the terms of the
agreement be approved and the Mayor
authorized and directed to sign the
collective bargaining agreement.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 220-99
APPROVING THE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THE DUBUQUE POLICE
PROTECTIVE ASSOCIATION, AND
AUTHOPJZING THE MAYOR TO SIGN
THE AGREEMENT
Whereas, the Sixty-Fifth General
Assembly adopted the Public
Employment Relations Act, Chapter 20,
Code of Iowa: and
Whereas, the City of Dubuque is a
public employer within the meaning of
Section 3 (1) of the Public Employment
Relations Act, and
Whereas, the Dubuque Police
Protective Association is an employee
organization within the meaning of
Section 3 (4) of the Public Employment
Relations Act; and
Whereas, the Dubuque Police
Protective Association subm~ed a
request to bargain collectively on
behalf of the employees within its
representation; and
Whereas, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the terms of the
agreement be approved and the Mayor
authorized and directed to sign the
collective bargaining agreement.
Passed, approved and adopted this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 221-99
APPROVING THE WAGE PLAN AND
COMPENSATION PACKAGE FOR
NON-BARGAINING UNIT
EMPLOYEES
Whereas, it has been the practice to
~rovide a compensation package to
non-bargaining unit employees similar
to the compensation package to be
received by bargaining unit employees;
and
Whereas, the proposed wage plan
for non-bargaining unit employees
represents an increase of 2.75 percent
across the board effective July 1, 1999,
which is consistent with the wage
increase to be received by four of the
City's bargaining units.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the wage plan and
compensation package for non-
bargaining unit employees is hereby
approved.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary.A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval on renewal of Family Self-
Sufficiency Program Contract with
Alternative Se~ices, presented and
read. Voetberg moved that the
communication be received and filed
and recommendation approved.
Seconded by Robbins. Motion carried
City Manager recommending
approval of Lead Based Paint Hazard
Grant, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7~0.
RESOLUTION NO. 222-99
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN
APPLICATION FOR A LEAD-BASED
PAINT HAZARD CONTROL GRANT
Reqular Session, May 17, 1999
20_3
Whereas, the City of Dubuque has
operated a local childhood lead
poisoning prevention program since
1994; and
Whereas, the Cb received Round 4
lead hazard removal funding, in the
amount of $3.69 million; and
Whereas, the U.S. Department of
Housing and Urban Development has
made available additional funds for
lead-based paint hazard control and
lead hazard awareness public
education and outreach to Ioca:
commun~ss; and
Whereas, the City of Dubuque
proposes a continuation of a primary
lead-based paint poisoning prevention
pmgrem in Census Tracts 1, 2, 5, 6,
7.01 and 7.02 in the City of Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized and directed to execute an
application to the U.S. Department of
Housing and Urban Development for
participation in a Round 7 lead-based
paint hazard control grant, in the
amount of $4 million.
Section 2. That the City manager is
hereby authorized and directed to
forward said application and resulting
standard executed contract to the
respective agencies in a fime~y fashion
and as required by the U.S.
Department of Housing and Urban
Development.
Passed, approved and adopted this
17= day of May, 1999.
Torrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
Approve authorization for City
Manager to enter into contract with
Miller & Van Eaton law firm to assist
City through the Cable Franchise
Renewal process, presented and read.
Voetberg moved that the
communication be received and flied
and authorization approved. Seconded
by Robbins. Motion carried 7-0.
City Manager recommending
approval to publish combined notice
regarding impact on the environment
and request for release of funds,
presented and read. Voetberg moved
that the communication be received
and flied and recommendation
approved. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 223-99
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR THE ST. MARK'S
COMMUNITY CENTER ELEVATOR
PROJECT.
Whereas, the City of Dubuque will
enter into a Grant Agreement for the
Fiscal Year commencing July 1, 1999,
with the U.S. Department of Housing
and Urban Development, providing for
financial assistance to the City under
Title I of the Housing and Community
Development Act of 1974, as
amended; and
Whereas, the City Council has
approved a Commun~ Partnership
(cp2) grant to the SL Mark's
Community Center Elevator for
$50,000, which is funded with
Community Development Block Grant
(CDBG) funds; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Depa~nent of Housing and Urban
Development, an environmental revie~
has been processed for the St. Marks
Community Center Elevator Project;
and
Whereas, based on said
environmental review, the Department
of Community and Economic
Development has determined that said
projects 'MIl have no sign~cant impact
on the environment; and
Whereas, a combined notice of"
Finding of No Significant Impact on the
Environment" and of "Intent to Request
Release of Funds" for said project will
be sent by regular mail to various
federal, state and loca~ public
agencies; to the apprepdate Regional
Office of the Environmental Protection
Agency, to the HUD Area Office and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a notice; and
Whereas, any and all comments
received as a result of such notice Will
be duly considered before proceeding
with a Request for Release of Funds
and Certification.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be
and is hereby authorized and directed
to publish a combined Notice ef
Finding of No Significant Impact on the
204, Regular Session, May 17, 1999
Environment and Notice of Intent to
Request Release of Funds for the St.
Mark's Community Center Elevator
Project and to make the Environmental
Review Record for said project
available for public inspection and
comment until 5:00 p.m. on June 4,
1999. Such notice shall be in the form
of Exhibit "A" attached hereto and
made a part hereof.
Section 2. That the environmental
review record for the project shall be
placed on file in the Qffice of the City
Clerk where said record may be
examined and copied by any interested
party.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S.
Department of Housing and Urban
Development ¢TAeen (15) days atter
publication of appropriate notice a
Request for Release of Funds to
undertake the said projects.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of
Housing and Urban Development
responsibil~es for review, decision
making, and action assumed and
carried out by the City of Dubuque as
to environmental issues.
Section 5. That the Mayor of the
City of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts it an action is brought
to enforce responsibil~es in rerat~on to
environmental review, decision making
and action.
Section 6. That the Mayor of the
City of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the
environmental review procedures.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A~ Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of Ad Hoc Comm~ee to
review billboard regulations, presented
and read. Michalski moved that the
communication be received and filed
and recommendation approved.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 224-99
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
within said City.
31 RENEWALS
A & B Tap Fdckies L.C.
2600 Central Ave
Beecher Co Inc. Beecher Co. [nc.
1691 Asbury
Bodines Loung? Jeff Demmer
1445 Central Ave
Denny's Lux Club Beverly Larsen
3050 Asbury
Dubuque Discount Gas Dubuque
Discount Gas 4110 Dodge St
Dubuque Greyhound Park/Casino
Dubuque Racing Assoc
1855 Greyhound Pk
Eagle Country Market #320
Eagle Food Center Inc.
2050 J.F.K. Rd
Eagle Country Market #130
Eagle Food Center Inc. 1800 Elm St
Eagle Country Market #018
Eagle Food Center Inc. 300 S. Locust
Family Beverage Center
Family Beverage Center Inc
3400 Central Ave
Family Mart Family Mart, Inc
' 3201 Centre/Ave
Fraternal Order of Eagles
Eagles Club # 568
Hardg Drug Co.
Hartig Drug Co.
Hartig Drug Co.
Hartig Drug Co.
1175 Central Ave
Hardg Drug
2225 Central Ave
Hartig Drug
2255 J.F.K. Rd
Hartig Drug
157 Locust St
Hartig Drug
7th at Town Clock
IOCO Speede Shoppe Iowa OiICom
3250 Dodge St
IOCO Speede Shoppe # 33
Iowa Oil Corn 3200 Central Ave
IOCO Speede Shoppe # 2
Iowa Oil Corn 2335 University Ave
IOCO Speede Shoppe # 3
Iowa Oil Corn 1998 Jackson St
IOCO Speede Shoppe Cf 17
Iowa Oil Corn 2150 Twin Valley Dr
Kalmes BreaktJme Bar/Grill
Michael Kalmes 1097 Jackson St
K-Mart # 4018 K-Mart Corp
2600 Dodge St
Knickers Saloon CuFds Gerhard
2186 Central Ave
Old Shang Ne/da Bennett
Reqular Sessionl May 17, 1999
205
1091 Main St
Pipe Inn Betty Kremer
555 J.F.K. Rd
Ten Pin Tap Dolores Webe
601 Rhomberg Ave
Tobacco Outlet Plus # 504
Kwik Tdp Inc. 806 Wacker D
Wal-Mart Wal-Mart Inc.
4200 Dodge St
West Locust Mad: Lee Potter
409 W Locust St
Whiskey River Chad Stref
1064 University Ave
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 225-99
Whereas, applications for Beer
Permits have been submitted and tiled
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 Cby and have tiled
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"(SPECIAL EVENT)
BEER PERMIT
Dubuque Jaycees
Main Event Tent A+(Outdoor Serv)
Between 1st & 4th on Main St
Dubuque Jaycess
Main Event Tent B+(Outdoor Serv)
Between 1st & 4th on Main St
CLASS "C" BEER PERMIT
Beecher Beverage Co
Beecher Beverage
+(Sunday Sale) 1691 Asbury Rd
Odental Food & Gift Corp
Lien Oriental American Food Store
+(Sunday) 115 W 11 th St
Passed, approved and adopted this
17th day May, 1999.
Terrence M. Duggan, Mayor
Attest: MaryA Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 226-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have tiled
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/LIQUOR LICENSE
Michael H. Kalmes Kalmes Breaktime
+(Sunday Sale) 1097 Jackson
M. M. & H. Silver Dollar Cantina
+(Sunday Sale) 342 Main St
Clifford Enterpr Dempsey's
Molly's Pub & Grub 395 W 9th St
Bernice Bauer B'z Dart Inn
+(Sunday Sale) 431 Rhomberg Ave
Jorja Moore Jorja's Rest & Lounge
+(Sunday Sale) 890 Iowa St
G.J's Inc Windsor Tap
241 Windsor Ave
Pat Breessel Comer Tap
+(Sunday Sale) 2093 Washington
D.B.Q. Inc. Shot Tower
+(Sunday Sale) 4th & Locust
CLASS "C"(BW)
BEEPJWINE PERMIT
Weaver Enterprises Papa Sarducci's
+(Sunday Sale) 1895 J.F.K. Rd
Four Season's Buffet Inc.
Four Season's Buffet+(Sunday Sale)
3305 Asbury Rd
CLASS "B"(VVB) WINE
Beecher Co. Inc Beecher Beverage
# 2+(Sunday Sale) 1691 Asbury Rd
Passed, approved and adopted this
17th dayofMay, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adop~on of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
BOARDS AND COMMISSIONS:
Individuals are invited to address the
Council to express their desire to serve
on various Boards/Commission:
ENVIRONMENTAL STEWARDSHIP
ABVISORY COMMISSION- Applicant
Sarah Schneider. No one spoke.
APPOINTMENTS to following
Boards/Commissions
HISTORIC PRESERVATION
COMMISSION -- Terry L Mozena.
(representing Langworthy District) and
Jim Gibbs, Alfred Smemo and ,Joseph
206 Regular Session, May 17, 1999
Ungs (representing At-Large).
Voetberg moved that Terry Mozena be
appointed to the Historic Preservation
Commission to represent the
Langworthy D[stdct for an unexpired
term which will expire 7-1-99 and an
additional three year term which will
expire 7-1-02. Seconded by Nicholson.
Motion carded 7-0.
Vote on the appointment for the At
Large Vacancy: Buo~ voted for Gibbs.
Duggan voted for Gibbs. Markham
voted for Gibbs. Michals~i voted for
Gibbs. Nicholson voted for Gibbs.
Robbins voted for Gibbs. Voetbarg
voted for Ungs. Therefore Jim Gibbs
appointed to the unexpired At Large
vacancy which will expire 7-1-00.
LIBRARY BOARD-- Applicant: Mary
L. Strom. The Mayor appointed Mary
L. Strom to the unexpired term on the
Library Board which will expire 7-1-01.
Markham moved to concur with the
Mayor's appointment. Seconded by
Michalski. Motion carded 7-0.
Michalski moved to suspend the
rules to allow anyone present address
the Council if they so desire.
Seconded by Markham. Motion carded
7-0.
Proofs of publication certified to by
the Publisher on Notice of Headng on
Plans & Specs. and Notice of Headng
to Property Owners on Resolution of
Necessity for 1999 P.C. Concrete
Paving Project - No. 1 consisting of
Bryant St. from Dodge to Grandview,
Booth St. from Dodge to West 5th. and
Van Buren from Pennsylvania Ave. to
University Ave.), presented and read.
Voetberg moved that the proofs be
received and tiled. Seconded by Buol.
Motion carried 7-0.
Mary Ransdell objecting to
assessment costs (in amt. of
$6,502.35) to replace sidewaIk and
retaining walls on Van Buren St.; Leo &
Elaine Tippe objecting to amt. of
assessment for property on Booth St.
and expressing concerns regarding
problems with Sanitary Sewer on
property;, Bill Henning objecting to
inequity in determining assessment for
Booth St.; and Stsven Burke objecting
to project on Booth St., the assessment
is too high and replacement of sidewalk
is required, presented and read.
Voetberg moved that the
communications be received and filed.
Seconded by Buol. Motion carried 7-0.
Jeff Ball of Dbq. Medical Transport
spoke regarding the sidewalk
assessment; Robert Remakel spoke
requesting four-way stop on Van Buren
St. & AJpha St. as traffic needs slowing
down; and Steve Burke spoke to the
sidewalk assessment.
RESOLUTION NO. 227-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of April,
1999, plans, specifications, form of
contract and estimated cost were tiled
with the City Clerk of Dubuque, iowa
for the 1999 P.C. Concrete Paving
Project- No. 1.
Whereas, notice of headng on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending to
amend Schedule of Assessment for
project for posen of Van Buren Street,
~resented and read. Voetherg moved
that the communication be received
and flied. Seconded by Bual. Motion
carried 7-0.
RESOLUTION NO. 228-99
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 1999 P,C,
CONCRETE PAVING PROJECT - NO.
1
Whereas, the Cb Council has
proposed a Resolution of Necessity for
the 1999 P.C. Concrete Paving Project
No. 1 has given notice of the public
headng thereon as required by law;
and
Whereas, the public headng has
been held, all persons offering
objections have been heard and
consideration given to all objections
and is pending before this Council; and
Reqular Session~ May 17¢ 1999
207
Whereas, this is the time and place
set as provided for the taking of action
on the proposed Resolution of
Necessity.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed Resolution of
Necessity described above is hereby:
Adopted as amended by the
Schedule of Assessments attached
hereto as Exhibit A, and made a pad
hereof by reference. All objections tiled
or made having been duly considered
are overruled.
Passed, adopted and approved this
17~ day of May, 1999.
Terrence M. Duggan, Mayer
Attest: Man/A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
Proofs of publication certitied to by
the Publisher on Notice of Hearing on
Plans & Specs.; Notice of Headng to
Property Owners on Resolution of
Necessity and Nofice to Bidders on the
Receipt of Bids for Construction of
Jackson Street Reconstruction
consisting of from 32nd St to Aquin.;
Communication of Swiss Valley Farms
requesting to amend project by
allowing parking on Jackson St;
Patrick Crehan, V.P. & General
Manager of Flexsteel requesting
proposed sidewalks on east side of
Jackson St. from 32nd St. to Ruby St.
not be included with this project; and
City Manager recommending to reject
all bids received, redesign the project
and resubmit to Council at a latar date,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0.
Pat Crehan of Flexsteel Industries
spoke to his communication asking that
the project be kept on the fast track.
Marry Horstield of Horsfield Construc-
tion as the successful bidder spoke
stating they are ready to start a week
from today.
RESOLUTION NO. 229-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of April,
1999 plans, specifications, form of
contract and estimated cost were flied
with the City Clerk of Dubuque, Iowa
for the Jackson Street Reconstruction.
Whereas, notice of headng on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
spec~cations, form of contract and
estimated cost for said improvements
for said project
Passed, adopted and approved this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution, however, amending the
Resolution to remove the proposed
sidewalk on the East side of Jackson.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 230-99
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE JACKSON
STREET RECONSTRUCTION
Whereas, the City Council has
proposed a Resolution of Necessity for
t~e Jackson Street Reconstruction, has
g~ven notice of the public hearing
thereon as required by law;, and
Whereas, the public hearing has
been held, all persons offering
objections have been heard and
consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place
set as provided for the taking of action
on the proposed Resolution of
Necessity.
NOW THEREFORE~ BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed Resolufion of
Necessity described above is hereby:
Adopted, without amendment, and
all objections fired or made having
been dully considered are overruled.
Passed, adopted and approved this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary.&. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 231-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Jackson Street Reconstruction Project
~ursuant to Resolution No. 189-99 and
notice to bidders published in a
newspaper published in the City of
--208 Regular Session, May 17, 1999
Dubuque, iowa on the 30th day of April,
1999.
Whereas, said sealed proposals
were opened and read on the 11th day
of May, 1999, and it has been
determined that the bid of Horsfield
Construction Company of Epworth,
Iowa, in the amount of.$520,558.30
was the lowest bid for the furnishings of
all labor and materials and performing
the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Horstield
Construct:on Company 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
authoriTed and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Duel. Mot~on
carded 7-0.
Proofs of publication certified to by
the Publisher on Notice of Headng on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of 1999 Asphalt Paving Project FY
'2000 consisting of Mt. Loretta St.,
Parking Lot at 10th & Central and
Paving apron in front of hangar at
airport; and City Manager
recommending to award contract for
project, presented and read. Duo[
moved that the proofs and
communication be received and filed.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 232-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 19th day of April,
1999, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the 1999 Asphalt Paving Project -
FY2000.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Duel moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 233-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
1999 Asphalt Paving Project- FY2000
~ursuant to Resolution No. 183-99 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 30th day of Apdl,
1999.
Whereas, said sealed proposals
were opened and read on the 6th day
of May, 1999, and it has been
determined that the bid of River City
Paving A Division of Mathy
Construction of Kieler, Wisconsin in the
amount of $159,771.02 was the lowest
bid for the furnishings of all labor and
materials and performing the work as
)rovided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to River City
Paving A Division of Mathy
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
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: MaD/A. Davis, City Clerk
Duel moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
Proofs of publication ced. ified to by
Reqular Session, May 17~ 1999
209
the Publisher on Notice of Headng on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of Dubuque Greyhound Park and
Casino Kennel HVAC Replacement
Project and City Manager
recommending to award contract for
project, presented and read. Robbins
moved that the proofs and
communication be received and filed~
Seconded by Nicholson. Motion
carped 7-0.
RESOLUTION NO. 234-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of Apdl,
1999, plans, .specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Dubuque Greyhound Park and
Casino Kennel HVAC Replacement
Project.
Whereas, notice of headng on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CtTY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 235-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Dubuque Greyhound Park & Casino
Kennel HVAC Replacement Project
pursuant to Resolution No. 180-99 and
notice to bidders published in a
newspaper published in the CH of
Dubuque, Iowa on the 23rd day of
Apda, 1999.
Whereas, said sealed proposals
were opened and read on the 4th day
of May, 1999, and it has been
determined that the bid of Geisler
Brothers Company of Dubuque, Iowa,
in the amount of $148,240.00 was the
lowest bid for the furnishings of all
labor and mstedals and performing the
work as provided for in the plans and
specifications.
i NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Geisler
Brothers Company and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of th e 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
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest. MaryA. Davis, City Clerk
Robbins moved adoption cf the
resolution. Seconded by Nicholson.
Motion carped 7-0.
Proof of publication certified to by
the Publisher. on Notice of Public
Headng to consider text amendment to
Zoning Ordinance regarding signs,
presented and read. Voetberg moved
that the proof be received and tiled.
Seconded by Robbins. Motion carried
7'-0.
Greg Yoko of the Zoning Bd. of
Adjustment and Jeff Stiles of Zoning
Advisory Commission spoke.
An Ordinance Amending Zoning
Ordinance by amending Section 4-3.2
by adding a definition of"Freestanding
Canopy Sign' and by adding a
definition of "Freestanding Canopy,"
with first and second readings given on
4-19-99, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 42-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY AMENDING SECTION 4-3.2 SIGN
DEFINITIONS BY ADDING A
DEFINITION OF "FREESTANDING
CANOPY SIGN" AND BY AMENDING
SECTION 8, DEFINITIONS, BY
ADDING A DEFINITION OF
"FREESTANDING CANOPY."
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
210 Regular Session, May 17, 1999
Code of Ordinances is hereby
amended by amending Section 4-3.2
Definitions by adding a definition of
"Freestanding Canopy Sign', as
follows:
Freestanding Canopy Sign; A
permanent sign affixed to, or part of, a
canopy face advertising the oil
company or financial institution's brand
name and/or logo only.
Section 2. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by amending Section 8,
Definitions, by adding a definition of
"Freestanding Canopy", as follows:
Freestanding Canopy: A permanent,
freestanding, non-enclosed roof
structure, for gas stations and financial
institutions, designed to provide
patrons shelter from the elements.
Section 3. The ordinance has'
heretofore been reviewed by the
Zoning Advisory Commission of the
City of Dubuque, iowa.
Section 4. The ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest Ma~' A. Davis, CH Clerk
Published officially in the Te/egraph
Herald newspaper this 24th day of
May, 1999.
Ma~y A. Davis CMC, City Clerk
It 5/24
Voetberg moved final consideration
and passage of the Ordinances.
Seconded by Buol. Motion carried 7~0.
An Ordinance Amending the Zoning
Ordinance and adopting new Schedule
of Sign Regulafions for the C-2, C-3, C-
4, C-5, CR, LI, MHI, and HI Zoning
Districts in lieu thereof, pertaining to
the add~on of regulafions regarding
freestanding canopy signs, with first
and second readings given on 4-19-99,
now presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 43-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY REPEALING SECTION 4-3.11
SCHEDULE OF SIGN REGULATIONS
FOR THE C-2, C-3, C--4, C-5, eR, LI,
MHI, AND HI ZONING DISTRICTS,
AND ADOPTING SECTION 4-3.11
SCHEDULE OF SIGN REGULATIONS
FOR THE C-2, C-3, C-4, C-5, CR, LI,
MHI, AND HI ZONING DISTRICTS IN
LIEU THEREOF, PERTAINING TO
THE ADDITION OF REGULATIONS
REGARDING FREESTANDING
CANOPY SIGNS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A (the zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by repealing Section 4-3.11
Schedule of Sign Regulations for the
C-2, C-3, C~4, C-5, CR, LI, MHI, and H[
Zoning Districts and adopfing the
following new Sectioe 4-3.11 Schedule
of Sign Regulations for the C-2, C-3, C-
4, C-5, CR, LI, MHI, and HI Zoning
Districts in lieu thereof, pertaining to
the addition of regulations regarding
freestanding canopy signs, as shown
on Exhibit A.
Section 2. This ordinance has
heretofore been reviewed by the
Zoning Advisory Commission of the
City of Dubuque, Iowa.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 24 day of May,
1999.
Mary A. Davis CMC, CH Clerk
It 5/24
Voetberg moved final consideration
and passage of the Ordinances.
Seconded by BuoL Motion carried 7-0.
Buol moved that the following item
be removed from the table where it had
been placed at the meeting of 5-3-99.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Zoning Map
by reclassifying property located North
of Asbury Road and West of the
Northwest Arterial from AG to PUD
District with a PC District designation
and adopting an amended Conceptual
Development Plan, with conditions, first
and second readings given on 4-19-99
with the Acceptance signed by Corey
Development Ltd. on 5-7-99, presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 44-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
Reqular Session, Ma'/17~1999
211
DESCRIBED PROPERTY LOCATED
NORTH OF ASBURY ROAD AND
WEST OF THE NORTHWEST
ARTERIAL FROM AG
AGPJCULTURAL DISTPJCT TO PUD
PLANNED UNIT DEVELOPMENT
DISTRICT WiTH A PC PLANNED
COMMERCIAL DISTRICT
DESIGNATION AND ADOPTING AN
AMENDED CONCEPTUAL
DEVELOPMENT PLAN, WITH
CONDITIONS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appencfix A (the Zoning
Ordinance) of the CH of Dubuque
Code of Ordinances 'is hereby
amended by reclassifying the
hereinafter described property from AG
Agdcu~Jral District to PUD Planned
Unit Development District with a
Planned Commercial designation and
adopting a conceptual development
p~an, a copy of which is attached to and
made a part hereof, ~h conditions as
stated below, to wit
Subdivision of Lot 2 of E ½ of SE 1/4
of Sec. 17, Lot 2 of Lot 2 of Lot 1 of Lot
1 of E ½ of SE 1/4 of Sec. 17, Lot 1 of
Lot I of Lot 2 of Lot 1 of Lot 1 of E ½ of
SE 1,'4 of Sec. 17, Lot 2 of Lot 1 of Lot
2 of Lot 1 of Lot 1 of E ½ of SE 1/4 of
Sec. 17, Lot 3 of Lot 2 of Lot 2 of E ½
of SW 1/4 of Sec. 16, Lot I of Lot 1 of
Lot 1 of Lot 1 of NW 114 of SW 1/4 of
Sec. 16, Lot 3 of Lot I of Lot I of Lot 1
of NW 1/4 of SW 1/4 of Sec. 16, Lot2
of Lot 2 of Lot 1 of Lot 1 of NW 1/4 of
SW 1/4 of Sec. 16, Lot2 of Lot 2 of Lct
2 of NW 1/4 of SW 1/4, Lot 2 of Lot 1
of Lot 3 of NW 1/4 of SW 1/4 of Sec.
16, Lot 2 of Lot 2 of Mineral Lot 459,
SE 1/4 of NE 1/4 of Sec. 17 and the
east 500 feet of SW 1/4 of NE 1/4 of
Sec. 17, TSgN, R2E, 5th P.M. to the
center line of the adjoining public right-
of-way, all in the Cb of Dubuque,
Section 2. Pursuant to Iowa Code
Section 414.5 (1993), and as an
express condition of the
reclassification, the undersigned
property owner agrees to the following
conditions, all of which the property
owner further agrees are reasonable
and imposed to satisfy the public needs
that ere caused directiy by the zoning
reclassification:
A. Use Reouletion%
The foli0wing regulations shall apply to
all uses made of land in the abnve
described PUD District:
1) Principal permitted uses for the
Retail Sales Portion of Asbury Plaza
shall be limited to:
a) Regionalshopping center.
b) Retail salss/service---{17].
c) Indoor restaurant--t20].
d) Drive-in/carry-out restaurant--t28].
e) General offices--ii4].
t) Indoor recreationS37].
g) Outdoor recreaton~37].
h) Auto sales and service---t38]
I) Auto service centers---[34).
2) Principal permitted uses for the
ServiceA, Varehouse Portion of Asbury
Plaza shall be limited to:
a) Business services--t29].
b) Office supply---{19].
c) Lumberyards/building material
sales--[19].
d) Construction supplies, sales and
service [19].
e) Moving/storage facil~es---[33].
f) Co ntractor shopA/a rd---t33]
~ g) Wholesale sales/distributor---{29].
J h) Freight transfer facilities---t44]
Il) Ag dcuitural supply sales--[19].
/J) Mini-wareh o using--t47].
k) Landscaping services (not including
retail sales as pdmary use)---{29].
3) Accessory uses shall include any
use customarily incidental and
subordinate to the principal use it
4) Temporary uses shall be limited to
the following:
Any use listed as a permitted use
within the PUD District of a limited
duration as established in Section 2-5.3
and as defined in Section 8 of the City
of Dubuque Zoning Ordinance
[ ] Parking group--see Section 4-2 of
the Zoning Ordinance.
B. Lot and Bulk Renulation~,
Development of land in the PUD
District shall be regulatad as follows:
1) All shopping center buildings,
structures and activities shall be
developed in conformance with the
attached conceptual development plan
and all final site development plans
shall be approved in accordance with
provisions of the PUD District
regulations of this ordinance and of
Section 3-5.5 of the Zoning Ordinance.
2} All shopping center buildings and
structures sha~l be limited to a
maximum height of 40 feet.
3) All buildings and structures located
on out~ots shall be developed in
compliance with the bulk regulations of
the C-3 General Commercial District,
except maximum height, as established
in Section 3-3.3 of the Zoning
Ordinance.
4) All retail commeroiai buildings and
structures located on outlets shall be
2[2 Regular Session, May 17, 1999
limited to a maximum height of 25 feet.
C. Performance Standards,
The development and maintenance of
uses in this PUD Distdct shall be
established in conformance with
Secdon 3-5.5 of the Zoning Ordinance
and the following standards:
1) Final site development plans shall
be submitted in accordance with
Section 4-4.4 of the Zoning Ordinance.
AJI major site development plans shall
be reviewed and approved by the
Zoning Advisory Commission prior to
construc'don. The Commission shall
approve the submitted site
development plans if they are
determined to be in substantial
conformance with the approved
conceptual plan.
2) Sidewalks shall be placed four (4)
feet behind the curb parallel to the
street on all public street frontages and
constructed in 'accordance with City
standards. Additional sidewalks shall
be provided as indicated on approved
conceptual plan.
3) The Conceptual Development Plan
shall serve as the preliminary plat for
this PUD District` Final subdivision
plats and improvement plans shall be
submitted in accordance with Chapter
42 of the City of Dubuque Code of
Ordinances.
4) Lighting shall be provided per City
standards with parking lot light
standards limifed to a maximum height
of 35 feet.
5) Parking requirements for the
shopping center shall be one space per
200 square feet of gross leasable area
accessible to the general public.
6) Parking requirements for businesses
located on outlots shall be as per the
parking group for the designated use or
in accordance with Section 4-2 of the
Zoning Ordinance.
D. aden Space and Recreational
Open space and landscaping in the
PUD Distdct shall be regulated as
follows:
1) Landscape harms or plantings shall
be required as screening for parking
areas adjacent to the Northwest
Artedal (Highway 32) and Asbury
Road. Screening shall be a minimum
of three (3) feet in height and can
utilize natural grade changes to
achieve the desired effect,
2) Trees shall be provided in all
parking lot islands which are of
sufficient size to ensure the growth and
su~ival of the planted trees.
3} A detailed landscape plan shall be
required as part of submittal for final
! site development plan approval. This
landscape plan shall be reviewed and
approved by the Zoning Advisory
Commission.
4) A buffer of Techny Arborvitae
planted 5 feet on center and a
minimum of 5 feet in height as planting
shall be required along the west
property line to screen the service area
from the adjacent cemetery.
5) Those areas not designated on the
conceptual development plan for
development shall be maintained as
open space, as defined by Section 8 of
the Zoning Ordinance by the property
owner and/or association.
E. Sign Regulations.
On-premise signage shall be provided
in compliance with the forlowing:
1) Center Identification signage: One
(1) center identification sign located
along the Northwest Ar~edal (Highway
32) frontage. This sign shall be a
ground-mounted sign a maximum of
twelve (12) feet high and twenty-five
(25) feet long.
2) Tenant Identification signage:
a) Two (2) tenant identification signs.
Each sign shall be a ground-mounted
sign a maximum of twenty-five(25) feet
high and twelve (12) feet long. Multiple
tenants can be displayed on these
signs with square footage to be
allocated by the developer.
b) Wall-mounted signage for tenants
occupying greater than 30,000 square
feet of leased area shall be allowed
one (1) sign per street frontage. The
total square footage of wall-mounted
signs will be based on 20% of the front
building wall area.
c) Wall-mounted signage for tenants
occupying less than 30,000 square feet
of leased area shall be allowed one (1)
sign per street frontage. The total
square footage of wall-mounted signs
will be based on 10% of the front
building wail area.
3. Outiot signage:
a) Each outiot parcel shall be allowed
wall-mounted signage as per the 0-3
General Commercial District sign
regulations. The maximum number of
signs per business is two (2} signs.
b) Each outiot parcel shall be allowed
one (1) freestanding sign, limited to
100 square feet in size and a maximum
height of 25 feet.
4. Directional signs will be allowed as
permitted by 0.3 General Commercial
District sign regulations.
F. Additional Standards.
1) That access to the Northwest
Arterial (Highway 32) and Asbury Road
shall be limited to the accesses shown
Regular Session, May 17~ 1999
on the conceptual plan. Request for
additonal accesses shall require
submittal of an amended conceptual
plan and must be approved by the
Zoning Advisory Commission and City
Council in accordance with Section 3-
5.5 and Section 6 of the Zoning
Ordinance.
2) The conceptual development plan
shall be valid for a pedod of five (5}
years provided a final sJta development
plan is submitted within three (3) years
from the date of approval.
G. Transfer of Ownership
Transfer of ownemhip or lease of
property in this PUD District shall
include in the transfer or lease
agreement a provision that the
purchaser or lessee acknowledges
a~varensss of the conditions
authorizing the establishment of the
district.
H. Reclassification of Suhiec, Prooedv
The City of Dubuque, Io~ra, may initia~
zoning reclassification proceedings to
the AG Agricui'[ural District in
accordance with Section 6 of the
Zoning Ordinance if the property
owner(s) fail(s) to complete or maintain
any of the conditons of this ordinance.
I. Modific~t~or~,~
Any modifications of this Ordinance
.must be approved by the City Council
in accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance.
J. Recordiqg,
A copy of this ordinance shali be
recorded at the expense of the property
owner(s) with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval within ten (10)
days after the adoption of this
ordinance, This ordinance shali be
binding upon the undersigned and
his/her heirs, successors and assigns.
Section 3. The foregoing
amendment has heretofore been
reviewed by the Zoning Commission of
the City of Dubuque, iowa.
Section 4. The foregoing
amendment shall take effect upon
publication, as provided by law,
Passed, approved and adopted this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 44-99
I, Wendell Corey, Corey
Development Ltd., property owner,
having read the tarms and conditions of
the foregoing Ordinance No. 44-99 and
being familiar with the conditions
213_
thereof, hereby accept the same and
agree to the conditions required
therein.
Dated this 7th day of May,
1999.
By/s/Wendell Corey
Corey Development Ltd.
Published officially in the
Telegraph Herald newspaper this 24th
day of May, 1999.
Mary A. Davis CMC, City Clerk
It 5/24
Buol moved final consideration
and passage of the Ordinance.
Seconded byMichalsit. Carried bythe
fallowing vote: Yeas--Buo Markham,
Micha ski, Niche son, Robbins,
Voetberg. Nays--Duggan.
Gary Guetzko of Tri-State
Health C.A.R.E. Coalition requesting
support regarding our community's
interests in how the State of Iowa
allocates funds it will receive as a result
of the tobacco se~ement Mr. Guetzko
spoke requesting support regarding
funds be used for smoking cessation.
Michaiskj moved that they resolve to
express support to ask the Governor to
allocate funds to assist with smoking
cessation. Seconded by Buol. Motion
carried 7-0.
Dubuque Metropolitan Area
Solid Waste Agency advising of their
desire to explore receiving waste from
other Iowa counties, Jo Daviess County
in Il. and Grant County in WI,
3resentad and read. Buol moved that
they approve the request of the Board
to explore receMng waste from other
Iowa Counties, Jo Daviess County in
litnois and Grant County in WI.
Seconded by Nicholson. Carded by
the fallowing vote: Yeas--Buol,
Markham, Michalski, Nicholson,
Robbins. Nays--Duggan, Voetberg.
City Manager submitting 3
ordinances regarding amendments to
Health Code updates, presented and
read. Voetberg moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending
Chapter 21 regarding Food
Estab shments and Hotel Sanitation,
~resentad and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 45-99
2].4 Regular Session, May 17, 1999
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY REPEALING
CHAPTER 21, FOOD AND FOOD
HANDLERS AND ADOPTING A NEW
CHAPTER 21, FOOD ESTABLISH-
MENTS AND HOTEL SANITATION.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 21, Food and
Food Handlers, of the City of Dubuque
Code of Ordinances is hereby
repealed.
Section 2. The fo[lowing new
Chapter 21 is hereby adopted:
Chapter 21
FOOD ESTABLISHMENTS AND
HOTEL SANITATION
Sec. 21-1. There is hereby adopted
by reference the following provisions of
the Iowa
Code (1997), as amended, and all
administrative rules adopted pursuant
thereto:
Chapter 137C HOTEL SANITATION
CODE
Chapter 137D HOME FOOD
ESTABLISHMENTS
Chapter 137F FOOD
ESTABLISHMENTS AND FOOD
PROCESSING PLANTS
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attsst: MaE/A. Davis, City Clerk
Published officiaily in the Telegraph
Hsrald newspaper this 24th day of.
May, 1999.
Mary A. Davis CMC, City Clerk
It 5/'24
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended, Seconded by
Nicholson. Motion carded 7-0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carded 7-0,
An Ordinance Relating to
merchandise permitted to be displayed
at the Central Market, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 46-99
AN ORDINANCE AMENDING
SECTIONS 31-22(b)(1} and 31-
22(7)(b) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES RELATING
TO MERCHANDISE PERMITTED TO
BE DISPLAYED AT THE CENTRAL
MARKET,
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 31-22(b)(1) of the
City of Dubuque Code of Ordinances is
amended to read as follows:
(b) Limitations And Prohibitions:
(1) A vendor wishing to sell potentially
hazardous food products must hold a
valid State mobile food unit license. No
)erson may sell potentially hazardous
food products unless the product
originates from an approved source.
Potentially hazardous food products
shall be held in an approved
refrigerated unit below forty one
degrees Fahrenheit (41 ° F).
Section 2. Sec. 31-22(7)(b) of the
City of Dubuque Code of Ordinances is
amended to read as follows:
(7) The following products may be sold
at the Central Market without being
ricensed under Iowa Cede section
137F at the market location:
b. Wholesome, fresh eggs that are kept
at a temperature of forty five degrees
Fahrenheit (45° F) or less~
Section 3. Sec. 31-22(7)(d) of the
City of Dubuque Code of Ordinances is
amended as follows:
(d) Prepackaged, nonhazardous food
products prepared in an establishment
licensed under Iowa Code Section
137F.4 as a food establishment or a
food processing establishment.
Section 4. This Ordinance shall
take effect upon publication.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officialiy in the Telegraph
Herald newspaper this 24th day of
May, 1999.
Mary A. Davis CMC, City Clerk
I t 5/24
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Motion carded 7-0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Relating to the
regulating Pools & Spas, presented
Reqular Session, May 17~ 1999 215
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 47-99
AN ORDINANCE AMENDING
SECTION 23-36 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
REGULATING POOLS AND SPAS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 23-36 of the City of
Dubuque Code of Ordinances is
hereby amended to read as follows:
CHAPTER 1351
SWIMMING POOLS AND SPAS
Sec. 23-36. State Code Adopted:
There is hereby adopted and
incorporated by reference Iowa Code
Chapter 1351 SWIMMING POQLS AND
SPAS (1997), as amended, and iowa
Administrative Code chapter 641-15,
"Swimming Pools and Spas", adopted
by the Iowa Department of Public
Health revised May 13, 1998, which
applies to swimming pools, spas,
wading pools, water slides, wave pools
and bathhouses connected to
swimming pools, owned or operated by
local or State government, or
commercial interests or pdvate en~es
including, but not limited to, public or
pdvate school corporations, hotels,
motels, camps, apartments,
condominiums, and health and country
clubs, providing for minimum safety
and water quality requirements relafing
to the construcfion, operafion,
registration and inspecfion of swimming
pools and spas; qualifications for
swimming pool and spa operators and
lifeguards; and procedures for heath
departments to provide for the
inspection and enforcement of such
rules.
Secfion 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 24th day of
May, 1999.
Mary A. Davis CMC, City Clerk
I t 5/24
Voetberg moved that the
requirement that the proposed
Ordinance be considered and voted on
for passage at two Council Meefings
prior to the meeting at which is to be
finally passed be suspended.
Seconded by Nicholson. Motion
carried 7-0. Vostberg moved final
consideration and passage of the
Ordinance. Seconded by Nichoison.
Motion carded 7-0.
City Manager recommending
approval of final plat of Emerald Acres
No. 1, presented and read. Markham
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 236-99
A RESOLUTION APPROVING THE
FINAL PLAT OF EMERALD ACRES
NO. 1 IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been fi[ed with
the City Clerk a final plat of Emerald
Acres No. 1 in the City of Dubuque,
Iowa; and
Whereas, upon said final plat
appears, streets to be known as
Tanzanlte Ddve and Tanzanlte Court
(Lot A), together with certain public
utility and s~wer easements and storm
water detention facility, which the
owners by said final plat have
dedicated to the public forever;, and
Whereas, the final plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon, subject
to the owners agreeing to the
conditions noted in Section 2 below;,
and
Whereas, said final plat has been
examined by the C~ Council and they
find that It conforms to the statutes and
ordinances reI~ng to it, except that no
streets or public utilities have yet been
constructed or installed; and
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Tanzanlte Drive and Tanzanlte Cour[
(Lot A) and storm water detention
facility (Lot 4) together with the
easements for public utilities, sanitary
sewer, storm sewer and water mains
as they appear upon said final plat, be
and the same are hereby accepted;
and
Section 2. That the final plat of
Emerald Acres No. 1 is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat,
~rovided the owners of said property
herein named, execute their written
acceptance hereto attached agreeing:
a. To reduce Tanzanite Drive and
216 Regular Session, May 17, 1999
Tanzanite Court to grade and to
construct concrete curb and gutter and
to hard surface with asphaltic concrete,
or with concrete paving with integral
curb, all in accordance with the City of
Dubuque standard specifications, all in
a manner acceptable to the City
Engineer, and in conformance with
construction improvement plans
approved by the City Engineer, and
inspected by the City Engineer.
b. To install sanitary sewer mains and
sewer service laterals into each
individual [ot, water mains and water
service laterals into each individual lot,
storm sewers and catch basins,
boulevard street lighting and erosion
control devices all in accordance with
the City of Dubuque standard
specifications, all in a manner
acceptable to the City Engineer, and in
accordance with construction
improvement plans approved by the
City Engineer, and inspected by the
City Engineer.
c. To construct a storm water
detention facility in a manner
acceptable to the City Engineer on Lot
4 of Emerald Acres No. 1 in
accordance with the improvement
plans and City of Dubuque Standard
Specifications approved by the City
and inspected by the City Engineer,
and maintain said detention facility until
80 percent of the sum of the platted
lots are fully developed and the
remaining 20 percent of said lots have
installed adequate erosion control
measures as approved by the C~
Engineer.
d. To construct said improvements
prior to two (2) years from the date of
acceptance of this resolution, at the
sole expense of the owners, or future
owners.
e. To maintain the public improvements
for a period of two (2) years from the
date of acceptance of those
improvements by the City of Dubuque~
iowa, at the sole expense of the
owners or future owners.
And further provided that said T-
Corp., as owners of said property, shall
secure the performance of the
foregoing conditions provided in this
Section by providing guarantees in
such form and with such sureties as
may be acceptable to the City Manager
of the City of Dubuque, iowa.
Section 3. Sidewalk installation shall
be the responsibility of the owner
abu~ng the public rights-of-way,
including lots with multiple frontages,
as required by City Code 41-161
through 41-164. The responsibility
shall extend to all successors, heirs
and assignees. Sidewalk installation
will not be required until the
development of the lot has been
completed, except as required herein.
In sparsely developed subdivisions,
sidewalks on developed lots will not be
required until 50% of the lots approved
by the plat have been developed. AJI
vacant lots shall have sidewalks
installed upon development of 80% of
the lots approved by the plat.
Section 4. That egress onto Peru
Road from the driveway area of Lots 1,
2, and 3 shall be restricted to
accessing Peru Road by driving the
vehicle forward from the driveway area.
Section 5. That the final acceptance
of all public improvements shall occur
upon certification of the City Engineer
to the City Council that all public
improvements have been completed in
accordance with the improvement
plans and City standard specifications
and accepted by City Council
Resolution.
Section 6. That maintenance
expenses incurred by the City of
Dubuque for the storm water detention
facility (Lot 4) shall be assessed
against Lots I through 20 (except Lot
4} in equal amounts, and the City
Manager shall ceCJfy such costs to the
City Clerk, who in turn shall promptly
certify such costs to the Dubuque
County Treasurer, and such costs shall
then be collected with an in the same
manner as general property taxes in
accordance with provisions of taw.
Section 7. That in the event T-Corp.
shall fail to execute the acceptance and
furnish the guarantees provided in
Section 2. hereof within 180 days after
the date of this Resolution, the
provisions hereof shall be null and void
and the acceptance of the dedication
and approval the plat shall not be
effective.
Passed, approved and adopted this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 236-99
I, the undersigned, representing T-
Corp., owner and developer, having
read the terms and conditions of the
Resolution No. 236-99, and being
familiar with the conditions thereof,
hereby accept the same and agree to
the conditions required therein.
NOT SIGNED AS OF JULY 1, 1999
T-Corp., Owner and Operator
By:..
Edward D. Tschiggfrie, President
Reqular Session, May 17, ~1999
217
Markham moved adoption of the
Resolution. Seconded by Nichdison.
Motion carried 7-0.
City Manager recommending
approval of agreement for purchase of
property from Sinclair Co.; Storage
tank removal and buy out of a property
lease with Sinclair, presented and read.
Buol moved that the communication be
received and filed and recommendation
approved, Seconded by Nicholson
Motion carded 7~0.
Zoning Advisory Commission
ad¥ising of their approval to reclassify
property at 2705 Rhomberg from CS to
R-1 District as requested by Tom &
John Duccini, presented and read
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Amending Zoning Map
by reclassifying properly at 2705
Rhomberg Ave. from CS Commercial
Se~ce and Whdiesale Distdct to R-1
Single.Family Residential District,
presented and read. Buol moved that
the requirement that a proposed
Ordinance be considered and voted on
for passage at two Council Meetings
prior to the meeting at which it is to be
finally passed be suspended.
Seconded by Nichdison. Motion
carded 7-0. Buol moved that a Public
Headng be held on the proposed
Ordinance on the 7th day of June,
1999, at 7:00 p.m. in the Public Library
Auditorium and that the City Clerk
publish notice Jn the manner prescribed
by law. Seconded by Nicholson.
Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property, in conjunction with annexation
of property, from County A-1 to CH C-
3 Distdct for property located on
Highway 20 at intersection of Cousins
Road, both sides of Highway 20 and
east of Cousins Rd. as requested by
Paul & Jayne Cate and Wayne
Stewart, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
A~ Ordinance Amending Zoning Map
by reclassifying propedy located on
Highway 20 West and Cousins Road
from Dubuque County A-1 Agricultural
District to City of Dubuque C-3 General
Commercial District with conditions,
concurrent with annexation, presented
and read. Buol moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Motion carded 7-0. Buol
moved that a Public Hearing be held on
the proposed Ordinance on the 7th day
of June, 1999 at 7:00 p.m. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property in conjunction with annexation
of property from County A-1 to City
District located at 12691 JFK Road as
requested by Grandview Avenue
United Methodist Church, presented
and read. Buol moved that the
communication be received and filed,
Seconded byVoetberg. Motion carried
An Ordinance Amending Zoning
Map by reclassifying property located
at 12691 John F. Kennedy Road from
Dubuque County A-1 Agricultural
District to City of Dubuque R-1 Single-
Family Residential District, concurrent
with annexation, presented and read.
Budi 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 Jt is to be finally passed be
suspended. Seconded by Voetberg.
Motion carried 7-0. Buol moved that a
Public Hearing be held on the
proposed Ordinance on the 7th day of
June, 1999 at 7:00 p.m. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
~rescdbed by law. Seconded by
Voetberg. Motion carried 7-0.
Zoning Advisory Commission
advising of their dedial to rezone
property at 2509 Lincoln Ave. from R-1
to R-2 District as requested by Rona~d
and Margie White and an Ordinance
Amending Zoning Map by reclassifying
property located at 2509 Uncdin
Avenue from R-1 Single.Family
Residential District to R-2 Two-Family
Residential District, presented and
read. Markham moved that the
communicafion and the Ordinance be
received and filed and concurred with
the denial. Seconded by Voetberg.
Motion carried 7-0.
218 Regular Session, May 17, 1999
City Manager submitting bidding
documents regarding purchase of the
Five Flags Chiller Equipment (ice
making equipment), presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Buol. Mation carded 7-0.
RESOLUTION NO. 237-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
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 FIVE FLAGS ICE
CHILLER EQUIPMENT, in the
estimated amount of $53,000, are
hereby approved and ordered filed in
the office of the City Clerk, for public
inspection.
Passed, approved and adopted this
17th day of May, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded byBuol. Motion
carded 7-0.
RESOLUTION NO. 238-99
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, specificafions, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the FIVE FLAGS ICE
CHILLER EQUIPMENT.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA,
that on the 7th day of June, 1999, a
public heating ,Mil be held at 7:00
m the Public Library Auditorium, at
which fime 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 fime and place of such
headng 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 pdor to the day fixed for its
consideration. At the headng, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 239-99
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the FIVE FLAGS ICE CHILLER
EQUIPMENT is hereby ordered to be
adver~sed for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a par~ of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in tha City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days pdor to the
receipt of said bids at 2:00 p.m. on the
26th day of May, 1999. Bids shaJl be
opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 7:00 p.m. on
the 7th day of June, 1999.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager submitting documents
providing for construction of Five Flags
Theater Toilet Renovation Project,
~resented and read. MichalskJ moved
that the communication be received
and filed. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 240-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
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 FIVE FLAGS
THEATER TOILET RENOVATION
PROJECT, in the estimated amount of
$115,000, are hereby approved and
ordered filed in the office of the City
Reqular Session, May 17, 1999
219
Clerk, for public inspection.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M Duggan, Mayor
Attest MaryA~ Davis, City Clerk
Michalsld moved adoption of the
Rssolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 241-99
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 FiVE FLAGS
THEATER TOILET RENOVATION
PROJECT.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA,
that on the 6th day of July, 1999, a
public headng 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 Jn a newspaper
having genera/circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the headng, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or esUmated
cost of the improvement
Passed, approved and adopted this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
MichalsPJ. moved adoption of the
Rssolution. Seconded by BuoJ. Motion
carried 7-0.
RESOLUTION NO. 242-99
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the FIVE FLAGS THEATER
TOILET RENOVATION PROJECT is
hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be published in a
newspaper having genera crculation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.m. on the
22nd day of June, 1999. Bids shall be
opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 7:00 p.m. on
the 6th day of July, 1999.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
MichalskJ moved adoption of the
Rssolution. Seconded by Buol. Motion
carded 7-0.
John Walsh, President of
Mississippi River Museum submitting
comments regarding restoration plan
for the Merchants Hote~ and adjacent
buildings; John Gronen submitting
comments on status to rehabilitate
Merchants Hotel and City Manager
submitting documents providing for
bidding process to demolish the
Merchants Hotel, presented and read.
MichalskJ moved that the
communications be received and filed.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 243-99
RESOLUTION FIXING DATE OF
HEARING ON PLANS AND
SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That on the 21st day cf
June, 1999, a pubJic headng will be
held at 7:00 p.m. in the Public Library
Auditorium at which time interested
~ersons may appear and be heard for
or against the proposed plans and
specifications and form of contract for
the removal of asbestos and for the
demolition and site clearance of the
Merchant Hotel Building.
Section 2. That the City Clerk is
hereby directed to cause a notice of
time and place of such headng 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 pdor to the day fixed for its
220 RegUlar Session, May 17, 1999
consideration.
Passed, adopted and approved this
17th day of May, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 244-99
RESOLUTION ORDERING BIDS FOR
ASBESTOS REMOVAL AND FOR
DEMOLITION AND SITE
CLEARANCE OF MERCHANTS
HOTEL
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF'
DUBUQUE, IOWA:
Section 1. That the City Clerk is
hereby author'ged and directed to
adveCdse for bids for asbestos removal
and for demolition and site clearance of
the Merchants Hotel building, in the
form of Exhibit "A" and Exhibit
hereto and made a part hereof.
Passed, adopted and approved this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
City Manager recommending partial
release of mortgage for property in FDL
1st Addition and set public hearing for
6-7-99, presented and read. Voetberg
moved that the communication be
received and tiled. Seconded by BuoL
Motion carried 7-0.
RESOLUTION NO. 245-99
RESOLUTION DECLARING THE
INTENT OF THE CITY OF DUBUQUE,
IOWA, TO DISPOSE OF INTERESTS
IN CERTAIN REAL ESTATE
Whereas, FDL Foods, Inc., executed
and delivered a Real Estate Mortgage
to the City of Dubuque, Iowa ("City"),
tiled December 9, 1982, as Instrument
No. 6742-82, and a Financing
Statement filed December 9, 1982, as
Instrument No. 6743-82, both in
connection with loans from City; and
Whereas, Lot 2 of Lot 2 of Riveffront
Subdivision No. 4; and, Lot 2, in Block
8, in Dubuque Packing Company
Addition, both in the Cit7 of Dubuque,
Iowa, were among the real estate
parcels described in said Mortgage and
Financing Statement; and
Whereas, City approved the
subdivision plat of said parcels into a
subdMsion referred to as FDL First
Addition which was tiled July 17, 1984,
as Instrument No. 5341-84; and
Whereas, City tiled a Partial
Release of Real Estate Mortgage and
Partial Release of Financing Statement
on July 27, 1984, as Instrument No.
5635-84 and Instrument No. 5636-84,
respectively, providing for the release
of Lot I and Lot 3 of FDL First Addition;
and
Whereas, FDL Foods, Inc., no
longer has any ownership interests in
Lot 2 and Lot 4 of FDL First Addition,
and the execution of Partial Releases
of Real Estate Mortgage and Partial
Releases of Financing Statements for
these parcels is determined to be in the
public interest
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
Section 1. That it is the intent of the
City Council to release the liens arising
out of a Mortgage flied December 9,
1982, as Instrument No. 6742-82, and
a Financing Statement flied December
9, I982~ as Instrument No. 6743-82, as
to the following described real estate
located in the City of Dubuque, Iowa:
Lot 2 and Lot 4 of FDL First Addition
to the City of Dubuque, Iowa.
Section 2. That the City Clerk is
hereby directed to give notice in the
manner required by law of a public
headng to be held on June 7, 1999, at
7:00 P.M. in the Auditorium of the
Carnegie-Stout Public Library, at which
time and place all interested parties will
be given opportunity to be heard for or
against the proposal to dispose of the
real estate interests herein described.
Passed, adopted and approved this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending public
hearing be held on 6-7 to vacate
portion of N. Grandview Ave.,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7.0.
RESOLUTION NO. 246-99
RESOLUTION APPROVING PLAT OF
LOTS 1, 2 AND 3 OF RIGI SUB. NO. 2
IN THE CITY OF DUBUQUE,,
DUBUQUE COUNTY, IOWA
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat of Lots 1, 2 and
Reqular Session, May 17, 1999
221
3 of Rigi Sub. No. 2 in the City of
Dubuque, Dubuque County, Iowa dated
April 16, 1999, prepared by Bussing &
Associates, describing the proposed
vacated portion of North Grandview
Avenue and abutting alley north of
Delhi Street; and
Whereas, said plat conforms to the
laws and statutes pertaining thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the prat dated April
16, 1999, prepared by Buesing &
Associates, relative to the real estate
hereinabova described by and the
same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authored and directed to
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, .repairing, owning,
operatihg, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, over all of Lots 2 & 3 of Rigi Sub.
No. 2 in the City of Dubuque, Dubuque
County, Iowa.
Sec~on 3. That the City Clerk be
and is hereby authored and directed
to file said plat and ceditied copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
17th day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolu~on. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Vacating portion of
North Grandview Ave. and area
abutting alley North of Delhi Street,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 48-99
ORDINANCE VACATING A PORTION
OF NORTH GRANDVIEW AVENUE
AND ABUTTING ALLEY NORTH OF
DELHI STREET
Whereas, Dubuque Bank & Trust
has requested the vacating of a por~on
of North Grandview Avenue and
abu~ng alley north of Delhi Street; and
Whereas; Buesing & Associates has
prepared and submitted to the City
Council a plat showing the vacated
portion of North Grandview Avenue and
abutting alley north of Delhi Street and
assigned lot numbers thereto, which
hereinafter shall be known and
described as Lot 2 & Lot 3 of Rigi Sub.
No. 2 in the City of Dubuque, Dubuque
County, Iowa;
Whereas, the City Council of the
City of Dubuque, Iowa has determined
that this portion of North Grandview
Avenue and abutting alley north of
Delhi Street is no longer required for
public use, except for utility easements
as noted, and vacating of said portion
of North Grandview Avenue and
!abutting alley north of Delhi Street
known as Lot 2 & Lot 3 of Rigi Sub. No.
2 in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate
described as Lot 2 & Lot 3 of Rigi Sub.
No. 2 in the City of Dubuque, Iowa, be
and the same is hereby vacated.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement inc;uding the right of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t_v.
cable, and elestdc lines as may be
authorized by the City of Dubuque,
Iowa, over all of Lots 2 & 3 of Rigi Sub.
No. 2 in the Cb of Dubuque, Dubuque
County, Iowa.
Passed, approved and adopted this
17~ day of May, 1999.
Torrance M. Duggan, Mayor
Attest; MaryA. Davis, City Clerk
Published of~cially in the Telegraph
Herald newspaper this 24th day of
May, 1999.
Mary A~ Davis CMC, City Clerk
1T 5/24
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be final~'
>assed be suspended. Seconded by
Nicholson. Motion carried 7-0. Buoi
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 247-99
RESOLUTION OF INTENT TO
DISPOSE OF CiTY INTEREST IN LOT
2 & LOT 3 OF RIGI SUB. NO. 2 IN
THE CITY OF DUBUQUE, IOWA
Whereas, Dubuque Bank & Trust
222 Regular Session, May 17, 1999
has requested the vacating of a portion
of North Grandview Avenue and
abutting alley north of Delhi Street.
Whereas, Buesing & Associates has
prepared and submitted to the City
Council a plat showing the vacated
por~on of North Grandview Avenue and
abutting alley north of Delhi Street and
assigned lot numbers thereto, which
hereinafter shall be known and
described as Lot 2 & Lot 3 of Rigi Sub.
No. 2 in the City of Dubuque, Iowa; and
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this poKion of North Grandview Avenue
and abut/lng alley north of Delhi Street
is no longer required for public use,
except for utility easements as noted,
and vacating and sale of said portions
of alleys and streets known as Lot 2 &
Lot 3 of Rigi Sub. No. 2 in the City of
Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot
2 & Lot 3 of Rigi Sub. No. 2 in the City
of Dubuque, Iowa.
Section 2. That the conveyance of
Lot 2 & Lot 3 of Rigi Sub. No. 2 in the
City of Dubuque, Iowa to Dubuque
Bank & Trust be contingent upon the
payment of $1,030.25, plus platting,
publication and firing fees.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstnJcting, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, over all of Lots 2 & 3 of Rigi Sub.
No. 2 in the City of Dubuque, Dubuque
County, Iowa.
Section 4. That the Cf~ Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
17"' day of May, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution setting this matter for
Hearing on 6-7-99 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
There being no further business,
Voetberg moved to adjourn. Seconded
by Michalski. Motion carded 7-0.
The meeting adjourned at 8:57 p.m.
Is'/Mary A. Davis CMC
City Clerk
Approved. 1999
1999
City Clerk