1998 April Council ProceedingsReqular Se~0~i A~f ~,
139
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, April
6, 1998.
Councl] Met at 7:00 p.m., Public
Library Auditorium.
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voatberg, City
Man~ger Michael Van Milligen,
Corporation Counse~ Barry A. LindahL
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council cal~ed for the purpose
to ac[ upon such business which may
propedy come before the Council.
Invocation was given by Father
Robert Vogl, Professor-Emeritus of
Religious Studies at Lores Ccilege.
PROCLAMATIONS: April 6-12 as
'Community Development Week'; April
1825 "Community Theatre Week"
received by Tori Richter; Month of April
as"Fair Housing Month"; Month of Apdl
as "Sexual Assault Awareness Month"
received by Jennifer Haggas.
1998 YOUTH-IN-GOVERNMENT-
Mayor Duggan swore in Youth Mayor,
Nathan Lippe.
Youth Mayor IJppe swore in Youth
Council Members: Sara' Wiliems,
Amanda Furst Mark Ddscoll, Nick
Kienske, Nathan Vance and Bdanna
Wolbers.
Youth Mayor Lippe swore in City
Staff: Youth City Manager Bethany
LaVatle. Youth City Clerk Lb Frommelt
and Youtr Corporafion Counsel
Brendan Dolan.
MINUTES SUBMITTED: Airport
Commission of 2-9; Cable TV
Regulatory of 3-11; Civil Service
Commission of 2-24; Five Flags
Commission of 2-16; Housing
Commission of 3-10: Housing
Commission Trust Fund Commibee of
3-12: Human Rights Commission of 2-
9; Park & Recreation Commission of 3-
10; Transit Trustee Board of 3.12
presented and read Voetberg moved
that the minutes be received and filed.
Seconded byBuoL Mofion carried 7-0.
Investment Oversight Commission
subm~ng 20th quar[eriy report;
Monthly Investment Summary for
month ending 2-29-98, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
Proofs of Publication on Nofice of
publishing List of Claims and Summary
of Revenues for month ended 2-28-98;
Council Proceedings for meetings of 3.
2. 3-4 & 3-16; Combined Public Nofice
of Find of 'no Significant impact and
Nofice of Intent to Request Release of
Funds for HOME Investment
Partnership Program funds and Lead-
Based Paint Hazard Reduction Grant
Program; Nofica of Filing of the final
schedule of assessment for 1996 P.C.
Concrete Paving Project ¢2, presented
and read. Voetberg moved that the
proofs be received and filed.
Seconded by Buol. Motion carried7-0.
TCI of iow~, Inc. subm~ng their
annual report for period of January 1,
1997to December 31, 1997. {On file in
CH Clerk's Office for public review),
presented and read. Voetberg moved
that the communication be received
and filed. Seconded Dy BUOl. Motion
carried 7-0.
NOTICES OF CLAIMSISUITS -- Joe
Blasen in unknown amount for vehicle
damages; Jeff Mathewson in amount of
$2,089.15 for property damage;
Kathteen M. O'Connor in amount of
$95.00 for vehicle damages; Joseph B.
Olsen in amount of over $2,000 for
property damages; Chrisfine Rapp in
amount of $198.00 for backed up
sewer damages; Mastan Singh in
unknown amount for. personal injuries;
Raymond Young ~r esi amt of
$391.48 for vehicle damages,
presented and read. Voetherg moved
that the claims and suits be referred ts
the Legal Staff for investigatior and
report. Seconded by Buol. Mofion
carried 7-0.
Corporafion Counsel advising
following claims have been referred to
Public EnVy Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Civil Rights of
Elizabath Gaskins; Car damage of
Becki R. MaC. J; Personal injury of
Regular Session, April 6, 1998
140
Robert Roethig; Car damages of
Jerome Welsh, presented and reed.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
Corporation Counsel 'ecammending
settlement of following claims and
directing Finance Director to issue
proper checks: Truck damage of
Goodwi[ Industries in amount of
$199.10; Propert7 damage of Ken-Mo
--arms, Inc. n amount of $322.00;
Truck damage of Raymond Young in
amount of $391.48. presented and
reacL Voatberg moved that the
communications be received and filed
and approved recommenoa~on.
Seconded by Budi. Motion carded 7-0. '
David Bonnett submitting resignation
from Five Flags Commission effective
immediately, presented and read
Voetberg moved that the
communication be received and filed
and accepted with regret. Seconded
by BuoL Motion carried 7-0.
Dubuque Golf and Country Club
requesting eermission to display
fireworks on July 4, 1998 on their
grounds, presented and read.
Voetberg moved that this mat[er be
referred to the City Manager.
Seconded by BuoL Motion carded 7-0.
REFUNDS REQUESTED --
American Legion Post ¢6 requesting
$25.00 on unexpired Cigarette License,
presented and read. Voetberg moved
that the refund be approved and
Finance Director is to issue the check.
Seconded by Budi. Motion carded 7-0.
Zoning Advisory Commission
submitting their Assessment of
Significant Change on proposed
change to the Oak Meadow~
Conceptual Development Plan for Jim
Stock, presented and read. Voetberg
moved that the communicafion be
received and filed. Seconded by Buol.
Motion carded 7-0.
Katherine Stevens expressing
appreciation for her "CedJficate of
Appreciation" for serving on Human
Rights Commission, presented and
read. Voetberg moved that the
communication be received and flied.
Seconded by Budi. Motion carded 7-0
An Ordinance Amending Chapter 44,
Utilities, Section 44-55, abandonment
of private on-site sewage treatment
and disposal system upon availability
of public sewer, ffirst reading given on
March 2. second reading g~ven on
March 16), presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 21-98
AN ORDINANCE AMENDING
CHAPTER 44, UTILITIES, SECTION
44-55, ABANDONMENT OF PRIVATE
ON-SITE SEWAGE TREATMENT AND
DISPOSAL SYSTEM ! UPON
AVAILABILITY OF PUBLIC SEWER.
NOW. THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. Section 44-55 2fthe City
of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 44-55 Abandonment of Private
On-Site Sewage Treatment and
Disposal System upon Availability of
Public Sewer,
Sec. 44-55(a) When a public sewer
is c.o, nstructed within two hundred feet
(200) of the property line, the building
sewer shall be connected to said sewer
in accordance with City standards
established by the City Manager and
within three hundred sixty-five (365)
days from date of written notification by
the City Manager. However, if the City
Manager determines that the pfivste
on-site sewage and disposal system
constitutes a threat to public health, the
City Manager may order that the
system be connected immediately to
the public sewer.
When so connected, the private on-
site sewage Treatment and disposal
system shall be abandoned m
accordance with subsection (b) of this
Section.
Property shall not be required to
connect to the 'public sewer if
construction diane for the private on-
site sewage treatment and dispesat
system are available, the sys[em meezs
the provisions of chapter 69 of the Iowa
Administrafive Code,-and the system
recc4ved a construction permit from the
City Manager prior to installation, lithe
City Manager cannot determine that the
syszerr is m compliance with chapter
69 of the iowa Administrafive Code,
connection shall be mace to the
sanitary sewer in accordance with City
standards' established by the City
Manager.
Sec. 44-55(b). Notwithstanding the
foregoing, no pdvate on-site sewage
treatment and disposal system shall be
permitted to operate for more than
fifteen (15) years, unless otherwise
determined by the City Manager
Reqular Session, Apish ¢, 1998
141
pursuant to standards adopted by the
Cizy Manager. At any time the City
Manager determines the system is no
tonger adequate, connection to the
senti, aW sewer shall be made·
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
6th day of Apdl, 1998.
Terrance M_ Duggan, Mayor
Attest: Mary A. Davis, Cb Clerk
Published officially in the Telegraph
Herald newspaper this 13th day of
April, 1998.
It 4/13 Mary A. Davis CMC, City Clerk
Voetberg moved final considerafio~
and passage of the Ordinance.
Seconded by Buol. Motion carried 7-0.
Iowa League of Cities advising the
City of Dubuque ~ll host the League's
Annual Conference & Exhibit.
September 27-29, 2000, presented and
read· Voetherg moved that the
communication be received and filed.
Seconded byBuol. Motion carded 7-0_
Mamh 12. 1998
Honorable Mayor and Members of the
City Council
In accordance w~h Chapter 400 of
the t997 Code of Iowa, the CMl
Service Commission conducted a
written examination on February 19,
1998, for the position of Oomputer
Programmer.
We hereby certify that the following
indMduals have passed this written
examination and the vacancy for this
position should be made from this list.
We further state that this list is good for
two (2) years from above date.
COMPUTER PROGRAMMER
Peter Kennedy Scott Brener
Respectfully submitted,
/s/Merle Duehr, Chairperson .
Lores J. Kluesne~,
Thomas E. Rawson,
CMl Service Commission
Voetberg moved that the above CMl
Service osrdfication be made a matter
of record. Seconded by Buol. Motion
carded 7-Q
City Manager recommending
approval of the Arbor Day Challenge
Grant application and authorize City
Manager to execu[e, presented and
read. Voetberg moved that the
communica~don be received and filed
and recommendation approved.
Seconded by Buol Motion carded 7-0.
Department of Transportation (FAA)
submitting Notice of Proposed
rulemaking for Class E Airspace areas
including Dubuque, presented and
read. Voetberg moved that the
communication be
reca~ved and filed and matter referred
to the Airport Commission. Seconded
by BuoL Motion carded ?-0.
City Manager recommending
acceptance of Dubuque Greyhound
Park & Casino Reroofing Project,
presented and read. Voetberg moved
that the communication be received
and flied, Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 131-98
ACCEPTING IMPROVEMENT
Whereas, the conttac[ for the
Dubuque Greyhound Park & Casino
Rerosfing Project has been comaleted
and the City Manager has examined
the work ahd flied his cert~cate stating
that the same has been comDJefed
according to the terms of the contract,
plans and specifications and
recommends it acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OFTHE CITY DF DUBUQUE. IOWA:
Se~on 1. Thatthe recommendation
of the City Manager be approved and
that said improvemen~ be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the Cb Treasurer be and he is hereby
directed to pay te the cout~actor from
the Greyhound Park Depreciation and
Improvement Fund in amount equal to
the amount of his contrac[, less any
retained percentage provided for
therein.
Passed, approved and adopted this
6th day of Apdl, 1998
Terrance M. Duggan. Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carded 7-8.
RESOLUTION NO. 132-98
FINAL ESTIMATE
Whe~:eas, the contrec[ for the
Dubuque Greyhound Park & Casino
Reroofing Project has been completed
and the City Engineer has submitted
his final estJmata showing the cost
thereof including the cost of estimates,
notices and inspecfion and all-
miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CFFY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
142 Regular Session, April 6, 1998
be $29,982.00 and the said amount
shall be paid from the Greyhound Park
Depreciation and improvement Fdhd of
the City of Dubuque, Iowa.
Passed, approved and adopted this
6th day of April, 1998.
Terranca M. Duggah, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg movec adoption of the
Resol~on. Seconded by BuoL V~otion
carried 7-0.
City Manager recommending
acceptance of Dubuque Greyhound
Park & Casino Loading Dock
Improvement Bids, presented and
read Voetberg moved that the
communication be received and tiled.
Seconded by Buol. Motion carded 7-0. '
RESOLUTION NO. 133-98
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Dubuque Greyhound Park & Casino -
Loading Dock Improvements has been
completed and the CH Manager has
examined the work and filed his
certificate sta~ng that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
accapzance
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that sam improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the C~ Treasurer be and he is hereby
directed to pay to the contractor from
the Greyhound Park Depreciation and
Improvement Fund in amount eaual to
the amount of his contract, less any
retained percentage provided for
therein.
Passed. approved and adopted this
6th day of Apdl, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, Cky Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7~0.
RESOLUTION NO. 134,98
FINAL ESTIMATE
Whereas, the contract for the
Dubuque Greyhound Park & Casino -
Loading Dock Improvements has been
completed and the City Engineer has
submitted his final estimate showing
[he cost thereof including the cost of
estimates notices and inspection and
all miscellaneous costs
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the cost of said
improvement is hereby determined To
be $48,927.00 and the said amount
shall be paid from the Greyhound Park
Depreciation and Improvement Fund of
the City of Dubuque, Iowa.
Passed, approved and adopted this
6th day of April, 1998. ~
Terrance M. Du~gan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending
acceptance of Dubuque Industrial Park
South - Utility Installation, presented
and read. Voetberg moved that the
communica'dcn be received and tiled.
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 135-98
ACCEPTING IMPROVEMENT
Whereas the contract for the
Dubuque Industrial Center South
Sewer and Water Utility Improvements
Phase I has been completed and the
City Manager has examined the work
and flied his cer~ficate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same ia hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Water Construction Fund and the
Sanitary Sewer Construddon Fund in
amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
6th day of Apdl, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 136-98
FINAL ESTIMATE
Whereas the contract for the
Dubuque Industrial Center South
Sewer and Water Utility Improvements
Reqular Sessioni, ~{ ~ 1998
143
Phase I has been completed and the
City Engineer has submitted his final
esfimate showing the cost thereof
including the cost of eafimatea, notices
and inspection and all miscellaneous
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of sam
improvement is hereby determined to
be $651,381.84 and the sam amount
shall be paid from the Water
Construction Fund and the Sanitary
Sewer Construcfion Fund of the City of
Dubuque Iowa.
Passed, approved and adopted this
6th day of April, 1998.
Torrance M. Duggan, Mayor
Attest MaryA: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol_ Motion
carried 7-0.
City Manager recommending
acceptance of easements for public
utilities for the first phase of Asbury
Plaza, presented and read. Voetberg
moved that the commumcafior, be
received and filed. Seconded by BuoL
Motion carried 7-0
RESOLUTION NO. 137-98
A RESOLUTION APPROVING THE
CONSTRUCTION IMPROVEMENT
PLANS AND EASEMENT PLAT FOR
PRIVATE DRIVES AND PUBLIC
UTILITIES FOR PHASE lA OF
ASBURY PLAZA
Whereas there has been filed with
the City Engineer construction
improvement plans and easement plat
for Phase lA of Asbury Plaza in the
City of Dubuque, Iowa; and
Whereas, upon said constru~o~
improvement plans appear private
drives, together with cettain public
utiI~y, sewer, water and drainage
e~semenTs which the owners by final
plat will dedicate to the public forever,
and
Whereas, the conceptual Dian has
been examined by Zoning Advisory
Commission and had its approval
endorsed thereon; anc
Whereas, said construcfion
improvement plans and easement plat
have been examinee by the City
Engineer and finds that they conform to
the Cb of Dubuque Standards and
Specifications relating to it, except that
no streets or public udlitiea have yet
been constructed or installed; and
I Whereas, the City Council concurs
in the cond'rdons of approval
established by the Zoning Advisory
Commission, the City Planner, and the
City Engineer.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Se~on 1, That dedications of
easements for public utilities, sanitary
sewer, watarmain, storm sewer and
private drives as they appear upon said
construction improvement olans and
easement plat for Phase lA of Asbury
Plaza, be and the same are hereby
accepted upon final platting and
construction.
Section 2. That the ~onstruction
improvement plans and easement plat
for Phase lA of Asbury Plaza is hereby
approved, provided the owners Df said
property herein namea, execute their
written acceptance hereto attached
agreeing:
a. To reduce private drives to grade
and to construct concrete curb and
gutter and to hard surface with
aspha~c concrete, or with concrete
paving with integral curb, all in
accordance with the construction
improvement plans for Phase IA of
Asbury Plaza.
b. To install sanitary sewer mains and
sewer sen4ce laterals into each
indMduat lot or proposed lot, water
mains and water service [eterals into
each indMdual lot or proposed let, and
srorm water datenfien facilities, all in
accordance with the City of Dubuque
standard specifications, alt 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 construc~ said improvements,
prior to two (2} years from the date of
acceptance of this resoluiJon at the
sole expense of the owners, or future
d. To maintain the public
improvements, for a period of two (2)
years from the date of the acceptance
of those improvements by the City of
Dubuque, Iow~, at the sole expense of
And further provided that said Corey
Development Ltd. and Hy-Vea, Inc., 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.
Regular Session, April 6, 1998
Section 3. That final acceptance of
ali 3ublic improvements shaJl occur
upon certification of the City Engineer
to the City Council that ali public
imorovemeats have been completed in
accordance with the improvement
plans and City standard specifications
accepted by City Council Resolufion.
Section 4. That in the event Corey
Development Ltd. and Hy-Vee Inc.
shall fail to executethe 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 aceep[ance of the dedication
and approval ct the constru~on
improvements plans and easement plat
for Phase lA of Asbury Plaza shall not'
be effective.
Passed, approved and adopted this
6th day of Apit[, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adop~on of the
Resolution. Seconded by Buol. Motion
carried 7-0,
City ~anager recommending
appreva] ct following Purcnase of
Service Agreements and authorizing
Mayor to execute: Substance Abuse
Services Center in amount of $11,736;
Retired and Senior Volunteer Program
in amoum of $7,341; Dubuque Area
_abor-Management Council in amount
of $15,384; Operation: New View in
amount of $15,270; Project Concern,
Inc. Foster Grandparent Program In
amount of S5.173: Weshingzon Tool
Library, Inc. in amount of $10,500;
Helping Services of Northeast iowa,
Inc. n amoun[ of $1,86g; Dubuque
Main Street Ltd., in amount of
$42 966; Dubuoue Area Chamber of
Commerce Convention and Visitors
Bureau in the amount of $416.782:
Greater Dubuque Development
Corporation in the amount of $80.000:
Project Concert., Inc. Information &
Referral and Child Care Referral in
amount of $7,700, presented and read.
Voetberg moveo that the
communications be received and filed
and approved recommendation.
Seconded by Buo[. Motior carried 7-0.
City Manager recommending
eub[ication of a comained Notice
regarding Local Housing Assistance
Program, presented and read.
Voatberg moved that me
communication be received and filed.
Seconded by Buol. Motion carited 7-0.
RESOLUTION NO. 138-98
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NO~I'CE OF
INTENT TO REQUEST RELEASE OF
FUNDS FORTHE LOCAL HOUSING
ASSISTANCE PROGRAM
Whereas, the City of Dubuque will
enter into a contract a~d Funding
Agreement providing for financial
assistance with the Iowa Department of
Economic Development; and
Whereas, pursuant to the rules and
regulafions as promulgated by the Iowa
Department of Economic Development
(]DED), for the Local Housing
Assistance Program: the Housing
Services Department has after due
consideration, determined that the
project is not ~ major federal action
significantly affecting the quality of the
Whereas, based on said
environmental review, the City of
Dubuque Housing Services
Department has determined that said
project will have no significant impact
on the environment; and
Whereas, a combined nofice 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 local oublic
agencies; to the apprepdata Regional
Circe of the Environmental Protection
Agency, to the HUD Area Office and to
toe Ioca news media, indMduals 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 noticewill
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 ct
Finding of No Significant Impact on the
Environment and Nofice of Intent To
Request Release of Funds for the
Local Housing Assistance Program and
to make the Environmental Review
Recorc for said project available for
public inspection and comment until
4:30 p.m. on April 27 , 1998. Such
notice shall be in the form of Exhibit "A"
attached hereto and made a part
145
hereof.
Section 2. That the environmental
review record for the project shell be
placed on file in the Offiea of the City
Clerk and Housing Se~eas
Department where said record may be
examined and copied by any interested
par6',
Section 3. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the Iowa
Department of Economic Development
fifteen (15) days after publication of
appropriate noflce a Request [or
Release of Funds to undertake the said
project
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 Iowa Department ef
Economic Development responsibil~es
for review, decision maJdng, and action
assumed and carded 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 C~ of
Dubuque, to accept the judsdicfiea of
the federal courts if an action is brought
to enforce reaponsibilities in relation to
environmental review, decision making
and action.
Section 6. That the Mayor of the
C~ of Dubuque be and he is hereby
authedzed and directed to execute a
cerflfication pertaining to the
environmental review procedures.
Passed, approved and adopted this
6th day of Apdl, 1998.
Terrance M. Duggan, Mayor
At[est: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Budi. Motion
carried 7-0.
Copy of Lefter sent to Congressman
Jim Nussle expressing appreciation for
his suppor~ regarding federal funding
for four lanes of traffic on U.S. #20
bddge over the Mississippi River,
presented and read. Voetherg moved
that the communicaflon be received
and flied. Seconded by Buol. Moflon
carried 7-0.
Dubuque-Jackson Counties Habitat
for Human~ requesting extension of
one time to transfer title on property
improved with Cp2 fonds, presented
and read. Voetberg moved that the
communicafion be received and filed
and approved recommen~dation.
Seconded byBudi. Motion carried~-0.
City Manager recommending
approval of request for extension of
time, presented and read. Voetberg
moved tha~ the communication be
received and flied. Seconded by Buol.
Motion carded 7-0.
RESOLUTION NO. 139-98
RESOLUTION APPROVING A TIME
EXTENSION FOR COMPLETION OF
THE COMMUNITY PARTNERSHIP
PROGRAM (CP2} PROJECT OF
DUBUQUE COUNTY HABITAT FOR
HUMANITY,
Whereas, by Resdiution 21g-95. the
City of Dubuque awarded Dubuque
County Habitat for Humanity, Inc.
$13,300 in Community Partnership
Program [cp2) funds; and
Whereas, Dubuque County Habitat
for Humanity, inc. executed a grant
agreement on Apd125. 199S, pursuant
to said grant award; and
Whereas, Dubuque County Habitat
for Human~, Inc. has requested that
the City of Dubuque approve ax
amendment [o said grant agreement,
which amendment would extend the
project completion date.
NOW THEREFORE, BE IT
RESOLVED BY THE ClTv COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
SeCdon 1. That the City Council
hereby approves the attached
amendment to the Community
Partnership Program (cp2) grant with
Dubuque Count7 Habitat for Humanity.
Section 2. That the City Manager be
and is hereby authorized ~o execute the
attached amendmen~ on behalf of the
City of Dubuque, Iowa.
Passed, approved and adopted this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis. CEy Clerk
Voetberg moved adopfion of the
Resdiution. Seconded by Budi. Mofion
carded 7-0.
RESOLUTION NO. 140-98
Whereas, applications for Beer
Permits have been subm~eo and ti~ed
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 C~ and have flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
Regular Session, April 6, 1998
OF THE CiTY OF DUBUQUE, iOWA:
That the Manager be authorized to
cause to be issued Ihe following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Wareco Service, Inc.
Wareco # 662 +(Sunday Sale)
700 Rhemberg
Passed, approved and adopted this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0·
RESOLUTION NO. 141-98
Whereas, applications for Liquor
Licenses have been submbted to this'
Coueci[ 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 tT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issuedthe following named
applicants a Liquor License_
CLASS "A" (CLUB)
Loyal Order of Moose ¢ 355
Dubuque Lodge # 355+(Sunday Sale)
1168 Main St_
CLASS 'C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Jeannie A: Kersct' die Hour
+(Sunday Sale) 1555 Central Ave
Mary Leu Kamp Noonan's Tap
+(Sunday Sale) 1618 Central Ave
Knights ~f Columbus # 510
Knights Of Columbus #510
+(Sunday SaKe) 781 Locust St
GMRi, Inc. Olive Garden Italian
Rest+(Sunday Sale) 3350 Dodge St
Greater DBQ Enter. Co.
Diamond Jo Casino Portside
+(Sunday/Outdoor) 400 E 3rd St
Marco's inc. Marco's
2022 Central Ave
Passed, approved and adopted this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded byBuol. Motion
carried 7-6.
BOARDS AND COMMISSIONS:
tndividcals interested in servlrig on
various Boards/Commissions to
address the Council advising of their
intent to serve.
CiViC CENTER COMMISSION:
Applicant - Steve Sesterhenn. No one
spoke.
ZONING BOARD OF ADJUST-
MENT: Applicants - Jim Baueriy and
Cad Scherbring. No onespoke.
APPOINTMENTS to[ following
Boards/Commissions:
BOARD OF APPEALS - BUILDING
CODE: Applicant - Tim Pancratz.
Michalski moved to reappoint Tim
Pancratz to a term to expire 1-1-2000.
Seconded by Niche(son. Motion
carried 7-0.
CIVIL SERVICE COMMISSION:
Applicants -- Merle J. Duehr, Jr., _ores
Kluesner, Thomas E. Rawson, Gary
Scoggin. Mayor Duggan appointed
Loras K]uesner to a term to expire 4-6-
2002, Merle J. Duehf to a term to
expire 4-6-2001 and Tom Rawson to a
term to expire 4-6-2000. Voetberg
moved to approve the Mayor's
appointments. Seconded by Markham.
Motion carried 7-0.
LIBRARY BOARD: Applicants - J. b
Felderman, Kelly Sebastian. Mary
Strata. Mayor Duggan appointed J. L
Felderman to fill an unexpired term
which will expire 7-1~ 01. Markham
movec to approve the Mayor's
appointment: Seconded by Robbins.
Motion carried 7-0.
Robbins moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Nichoison. Motion
carried 7-0.
Proof of Publication certified to by
the Publisher on Notice of Public
Hearing to consider reclassifying
properties on Lams Blvd. from R-4 to
OR District (Russ & Ruth Nash),
presented and read. Michalski moved
that the proof be received and filed.
Seconded by Voetberg. Motion carried
7-0.
Ruth Nash snake requesting the
re. zoning.
An Ordinance Amending Zoning
Map by reclassifying property located
at 414, 416. 422 and 434 Lores Blvd.
from R-4 Mu~-Family Residential
District to OR Office Residential
Reqular Session, April 6, 1998
147
District, said Ordinance having been
presented and read at the Council
Mee§ng of 3-16-98, now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 22-98
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 414, 416, 422 AND 434 LORAS
BOULEVARD FROM R-4 MULTI-
FAMILY RESIDENTIAL DISTRICT TO
OR OFFICE RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CFFY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuoue Code of Ordinances s
hereby amended by reclassifying the
hereinafter described property from R-4
Multi-Family Residential District to OR
Office Residential District, to wit
Lot I of Lot 2, Lot 2 of Lot 2 and Lot 3
of A.L Brown's Subdivision and to the
center line of the adjoining public dght-
of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing
amendmen[ has heretofore been
reviewed by the Zoning Advisori
Commission of the City of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passeo, approved and adopted this
6th day of Apdl, 1998.
Terrance M. Duggan, Mayor
Attest MariA. Davis, City Clerk
Published officially in the Telegraph
Herald qewspaper this lOti' day of
Apdl, 1998.
lt4/10 MariA. Davis CMC. City Clerk
Michalski moved final consideration
and paesage of the Ordinance.
Seconded byVoetberg. Motion carried
7-0.
Proof of Publication cer[ified to by
the Publisher on Notice of Headng on
Plans & Specs. and Notice to Property
Owners regarding Construction of 1998
P.C. Concrete Paving Project
(Consisting of Marquette Place,
Creston St & Glenwood Cour[),
presented and read. Buol moved that
the proof be received and tiled.
Seconded by NichoJsee. Motion
carded 7-0.
Communications from Waiter Kotz
Dorothy Mangeno, Janann & Claude
Wallaca, Lynn Gottsohalk and Luanne
Nor[on objecting to essessmee~s for
project; Scott & Karen Van Ostrand
objecting to project and assessments,
presented and read. Buol moved that
the communica'dons be received and
tiled. Seconded by Nicholson. Motion
carried 7-0.
Walter Kotz spoke objecting to
Marquette PI. assessment, Scott Van
Ostrand spoke objecting to the project
as an asphalt overlay was just put in.
Voetberg moved to remove the Elm
Street property owners from the
Marquette Place assessment and
amend the Creston & Glenwood
Streets assessmee[s. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 142-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 25th day of
February, 199~, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, owe for the 1998 P.C
Paving Concrete Project
Whereas, no~ce 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
estJmeted cost for said improvements
for said project.
Passed, adopted and approved this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: MariA. Davis, City Clerk
Buol moved adoption of the
Resolu~on. Seconde6 by Nicholson.
MolJon carded 7-0.
RESOLUTION NO. 143-98
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 1998 P.C.
CONCRETE PAVING PROJECT
Whereas, the City Council has
proposed a Resolution of Necessity. for
the 1998 P.C. Concrete Paving Project,
has given notice of the public headng
thereon as required by law;, and
148 Regular Session, April 6, 1998
Whereas, the public hearing has
been held, all persons offedng
objections have been heard an(:
consideration given to all ob.~ac'dons
and is pending before this Council; and
Whereas, this is the time and place
set as provided for the taking of action
on the 9ropeeed 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 part hereof by
reference. Alt objections tiled or made
having been duly considered are'
overruled.
Passed, adopted and approved this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buo[ moved adoptioc of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 144-98
ORDERING BIDS
NOW THEREFORE. BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the 1998 P.C. Concrete Paving
Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the securffy to
accompany each bid shall be in an
amount which shall conform to the
provisions of [ne notice re 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,
m 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
t'~venty days prior to the receipt of said
bids at 2:00 e.m. on the 23rd day of
April, 1998. Bids shall be opened and
read by the City Clerk at said time and
will be submitted to the Council for final
action at 7:00 p.m. on the 4th day of
May, 1998.
Passed. adopted and approved this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proof of Publkiatio~ certified to by
the Publisher or Notice of Hearing on
Plans & Specs. and Notice to Property
Owners for Construction of Louise and
Louella Sanitary Sewer and Watermain
Extension, presented and read. Buol
moved that the proof be received and
filed. Seconded by ~obbies. Motion
carried 7-0.
RESOLUTION NO. '~45-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas. on the 1ltl' day of Apdl,
1998, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Louise and Louelia Sanitary
Sewer and Watermain Extension.
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,
spec'~cations, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
6th day of April, 1998.
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. 146-98
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE LOUISE AND
LOUELLA SANITARY SEWER AND
WATERMAIN EXTENSION '
Whereas, the City Council has
proposed a Resolution of Necessity for
the Louise and Louella Sanitary Sewer
and Wstermain Extension, has given
notice of the public hearing thereon as
required by law; and
Whereas, the public headng has
been held. all persons offering
objections have been heard and
consideration given to ali objecl/ons
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 Reeolution of
Necessity.
NOW THEREFORE, BE IT
RESOLVED BY THE CFI~Y CQUNCIL
Reqular Session, April 6, 1998
OF THE CITY OF DUBUQUE, IOWA:
*- That the proposed Resolution of
Necessity described above is hereby:
Adopted, without amendment, and
all objections f'~ed or made having
been dully considered are averruled.
Passed. adopted and approved this
6th day of April, 1998.
Torrance M. Duggan. Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Secondea by Robbins.
Motion carded 7-0.
Proof of Publication certified to by
the Publisher on Notice to Bidders un
Receipt of bids for project and City
Manager recommending to award
contract for project, presented and
read. Buol moved that the proof and
communicatior be received and tiled.
Seconded by Robbios. Motion carded
7-0.
RESOLUTION NO. 147-98
AWARDING CONTRACT
Whereas, seale¢ proposals have
been submitted by contractors for the
Louise & Louella Lane Sanitary and
Watermain Extension pursuant to
Resolution No. 127-98 and notice to
bidoers published in a newspaper
published in the City of Dubuque, Iowa
on me 20th day of March: 1998.
Whereas, said sealed proposals
were opened and read on the 25th day
of March, 1998 and it has been
determined that the bid of Drew Cook &
Sons, Inc. of Dubuque, rowa in the
amount of .$88,965.70 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
improvemenI be awarded to Drew
Cook & Sons, Inc. and the Manager be
and is hereby directed to execute a
contract on behalf of the C~ 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 [o return the
bid deposits of the unsuccessful
bidders.
Passed. approved and adopted this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
.149
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Proof of Pubrication certified to by
the Publisher un Notice of Heanng
Plans & Specs. for Five Flags Center
Arena Partition Wail Improvements,
presented and read. Robbins moved
that the proof be received and t~red.
Seconded by Nichoison Motion
carded
RESOLUTION NO. 148-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 2nd day of
March, 1998, plans, specifications,
form of contract and estimated cos[
were tiled with the City Clerk of
Dubuque, Iowa for the
CONSTRUCTION OF THE FIVE
FLAGS CENTER ARENA PARTITION
WALL.
WHEREAS, notice of hearing on
plans, specification,% form of contract.
and e~mateG cost was published as
required by law.
NOW THEREFORE, BE Fi'
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, tOW,&:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimeted cos~ for said improvements
for said project
Passed, approved and adopted this
6th day of Apdl, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resbiution. Seconded by Nicho[son
Motion carried 7~0.
Proof of Publication cer'dfied to by
the Publisher on Notice to Bidders on
Receipt of bids for project and City
Manager recommending to award
contract for project, presented and
read. Robbins moved that the proof
and communication be received and
tiled. Seconded by Nichoisen. Motion
carded 7-0.
RESOLUTION NO. 149-98
AWARDING CONTRACT
WHEREAS, seared proposals have
been submitted by contractors for the
FIVE FLAGS CENTER ARENA
PARTITION WALL REPLACEMENT
pursuant to Resolution No 92-98 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa, on the 26th day of
150 Regular Session, April 6, 1998
March, 1998.
WHEREAS, said sealed proposals
were opened and read on the 17th day
of March, 1998. and it has been
determined that the bid of BBS
ENTERPRISES, INC., in the amount of
$91,750 was the lowest bid for the
furnishings of all labor and materials
and performin~ 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 BDS
ENTERPRISES, INC., and the
Manager be and is hereby directed to
execute a contrac[ 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 C~y Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
6th day of April, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moveU adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Proof of Publication cardfied to by
[he Publisher on Notice of Public
Headng to consider disposing of Lot
80A of Linehan Park Addition (Vacated
Nicole[ Avenue) and City Manage~
recommending approval of sale of
preper~', presented and read. Buol
moved that the proof and
communicafion be received and filed.
Seconded by Robbins. Motion carried
_
RESOLUTION NO. 150-98
Whereas, pursuan[ to Resolution
and published notice of time and place
of hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, iowa on 271h day of March,
1998. the City Council of the City of
Dubuque, owa met on the 61h day of
Apfil, 1998, at 7:00 p.m. in the Public
Library Auditotium, 11th and Locust
Dubuaue. Iowa to consider the
proposal for the sale of real estate
descdbed as:
Lot 80A of Linehan Park Addition ir
the City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections oral or written [o the
proposal to sell such real estate,
except for easement,
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 80A of Linehan Park Addition in the
City of Dubuque, lowa to iSwiss Valley
Farms Company be and ~he same is
hereby approved for the sbm of $1.00
plus cost of publication, platting and
filing fees provided that Swiss Valley
Farms Company shall pay to the City of
Dubuquethe sum of $19,140.00 should
the Company not create twenty new
jobs within three years of the date of
this Resolution. Conveyance shall be
by Quit Claim Deed.
Section 2 That the Mayor be
authorized and directed to execme a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Swiss Valley Farms Company upon
receipt of the purchase price in full.
Section 3. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
Resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
6th day of April, 1998.
Torrance M. Duggan, Mayor
Attest.' MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Proof of Publication on Notice of
Public Headng to consider disposing of
Lot 37A of Babcock's Addldon (alley
abutting 2215 Marion Street) and City
Manager recommending to dispose of
property, presented and read. Robbins
moved that' the proof and
communication be received and filed.
Seconded by Nichoison Motion.
carded 7-0.
RESOLUTION NO. 151-98
Whereas, pureuantto resolution and
published notice of time and place of
hearing, published in the Telegraph'
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on 271h day of March,
1998, the City Council of the City of
Dubuque Iowa met on the 6th day of
April 1998, at 7:00 p.m. in the Public
Library Auditorium. 11th and Locust,
Dubuque, Dubuque, County, Iowa to
Reqular Session~ April 671998
151
consider the ~oposal for the sale of
real estate desch~bed as:
Lot 37A of Babcock's Addition in the
City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City
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 DUE~UQUE, IOWA:
Section 1. That the sale of City of
Dubuque real property described as
Lot 37A of Babcock's Addition in the
City of Dubuque, Iowa to Terry and Sue
Brown be and the same s hereby
approved for the sum of $300.00 plus
cos[ of pub[icstion, ~JatlJng and tiling
fees. Conveyance shall be by Quit
Claim Deed.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
maintaiaing an adjacent sound wall by
the City of Dubuque, Iowa.
Section 3. That the Mayor be
authorbed and directed [o execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Terry and Sue Brown upon receipt of
the purchase price in full.
SectJee 4. That the City Clerk be
and is hereby authorized and directed
to record a cert~ed copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
6th day of April, 1998.
Terrsnce M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
reediution. Seconded by Nichotson.
Motion carded 7-0.
Proof of Publication certified to by
the Pub/isher on Notice of Public
Headng to consider release of
mcr[gage for YWCA Battered Women's
Shelter and City Manager
recommending m release mortgage,
presented and read. Michaiski moved
that the proof and eemmunicafion be
received and filed. Seconded by
Voetberg. Motion carried 7-0.
RESOLUTION NO, 152-98
RESOLUTION AUTHORIZING THE
RELEASE OF THE MORTGAGE FOR
THE YWCA BA~FrERED WOMEN'S
SHELTER
Whereas, the City of Dubuque, Iowa
assisted the YWCA in the purchase of
a battered women's shelter with a
Community Development Block Grant
Loan which was approved on
November 16. 1989; and
WHEREAS, pursuant to the terms of
the agreement, the YWCA continues to
ratain ownership of the property and
that not Jess that sixty percent [60%}
of the persons served at this Dreper[y
are low or moderate income persons
as required; and
Wherees, the YWCA has met the
requirements of the loan agreement
and has requested the release of the
mortgage; and
Wherea~, it has been determined
that the requirement of the Joan have
been satisfactorily completed.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the note and
mortgage executed by the YWCA
dstec November 1, 1989 is hereby
releeeed as per the loan agreement
dated November 16, 1989 for the
battered women's shelter; and
Section 2. Tbe[ the City Clerk is
hereby authorized and directed to file a
copy of this resolution and attached
Release of Real Estate Mortgage ir'
the office of the Coumy Recorder in
and for Dubuque County, Iow"a.
Passed, approved and adopted this
6th day of April, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Micha[skJ moved adootion of the
Resolution. Seconded by Voetberg.
Motion carried 7-0.
Mayor Duggan left the Chambers
7:56 p.m.
Patrick & Patricia Kennedy
requestin_c severance of their property
adjacent to the City (property located
south of Nightengale Lane) and City
Manager recommending denial of
reques~ presented and read.
Patrick Kennedy spoke requeefing
that this matter be tabled so that they
can seek Legal counsel
Voetberg moved that the
communication ee received and filed
and concurre~ with the denial.
Seconded by Bud]. Motion carried 6-0.
Mayor Duggan returned to the
Chambers at 8:08 p.m.
Regular Session, April 6, 1998
Proof of Publication ceCdfled to by
the Publisher on Notice to Bidders of
Receipt of Bids [or Construction of
Radford Road Reconstruction Project
anc City Manager recommending to
award contract for project, presented
and read. Voetberg moved that the
proof and communication be received
and filed. Seconded by Budi. Motion
carded 7-0
RESOLUTION NO. 153-98
AWARDING CONTRACT
Whereas, sealed proposals have
caen submitted by contractors for the
Radford Road Reconstruction pursuant
[o Resolution No. 116-98 and notice to
bidders 9ublished in a newspaper
published in the City of Dubuque, Iowa '
on the 18th day of Mamh, 1998.
Whereas, said sealed proposals
were opened and read 9n the 31st day
of March, 1998 and it has been
determined that the bic of Horsfield
Construction. Inc. of Epworth, Iowa, in
the amount of $1,362,225.41 was the
lowest bid for the furnishings of
labor and materials and performing the
work as orovided 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 Horsfield
Construction. Inc. and the Manager be
anc is hereby directed to execute a
contract or behalf of the City of
Dubuque far the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the appreva[ of the
contrac[or s bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders
Passed. approved and adopted this
6th day of ApdJ. 1998.
Terrence M. Duggan, Mayer
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolufior.. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 154-98
RESOLUTION APPROVING
AMENDED PUBLIC IMPROVEMENT
AGREEMENT WITH THE CITY OF
ASBURY RELATING TO THE
RECONSTRUCTION OF RADFORD
ROAD FROM PENNSYLVANIA
AVENUE TO ASBURY ROAD
Wherea.. the Cit~ of Dubuque and
the City of Asbury have developed
plans for the reconstruction of Radford
Roac from Pennsylvania Avenue to
Asbury Road; and
Whereas. pordons of said project are
located within the City Limits of the City
of Dubuque and a portion.within the
City Limits of the City of Asbu~y; and
Whereas both cities have agreed to
a joint project to develop, construct and
fund a single constmctCon project
located within bath Jurisdictional
boundaries on January 19. '1998; and
Whereas, the City of Dubuque had
approved an eadier version of the
amended terms and conditions of said
amended Public Improvement
Agreement.
NOW. THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the amended Public
Improvement Agreement bstween the
City of Dubuque and the City of Asbury
for the construction of Radford Road
from Pennsylvania Avenue to Asbury
Road Dro~/iding for the development=
construction and funding be approved.
Section 2. That the Mayor be
authorized and directed to execute two
copies of this amended Public
Improvement Agreement and forward
two executed copies to the City of
Asbury for their approval.
Passed, approved and adopted this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adop~on of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 155-98
Whereas, the City of Dubuque nas
been negotiating with the owners of
record for dgnt-of-way and easements
necessary for the Radfard Road
Reconstruction Project from
Pennsylvania Avenue to Asbury; and
Whereas, the City of Dubuque has
not been successful after reasonable
aEempts in its efforts to negotiate a
sale and purchase pnce for the
required right-of-way; and
Whereas. the City of Dubuque finds
and determines that eminent domain
proceedings should be instituted to
acquire the needed right-of-way and
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. OWA:
Section 1. That eminent domain'
proceedings be instituted forthwith by
the City of Dubuque, Iowa for
Reqular Session, April 6, 1998
acquisition of the following [ets or
portions thereof as follows:
Lot 2 of Mineral Lot 401 and the NE 1/4
of the SW 1/4 of Section 20, T89N, City Manager recommending
R2E, 5th P.M., Dubuque County, Iowa approval on the implement~on of a
and that the Corporation Counsel be "Family Advocate Program" at a cost
directed to inatiture said eminent not to exceed $1,600 funded by
domain proceedings forthwith for and Section 8 Program administrative
on behalf of the City of Dubuque, Iowa. reserves, presented and read.
Secfion 2. That the Corporation Michaiski moved ~hat the
Counsel be and is hereby directed and communication be received and filed
empowered to do any and all things and recommendation approved.
necessary and incidenta~ to said Seconded by Voetberg. Motion carried
eminent domain proceedings. 7-0.
Passed, approved and adopted this
6th day of Apdl, 1998.
Terrence Vi. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adopfion of the
RssolutJon. Seconded by Buol. Mofion
carded 7-0.
City Manager submiDng contract for
recycling, processing and marketing
services will' BF], presented and read.
Buol moved that the communication be
receivec and filed. Seconded by
Markham. Motion carded 7-0.
RESOLUTION NO. 156-98
A RESOLUTION AUTHORIZING THE
SECOND AMENDMENT TO CITY OF
DUBUQUE, IOWA AGREEMENT FOR
THE PROCESSING AND
MARKETING OF RECYCLABLES.
WHEREAS, On May 1, 1995, the
City of Dubuque, iowa (City) and
Browning Ferds industries of Iowa, Inc.
(Contractor) entered into the City of
Dubuque, Iowa Agreement [or the
Processing and Marketing of
Recyclables (Agreement); and
WHEREAS. City and Contractor
have amended Agreement by the First
Amendment, effec~ve July 1, 1996:
and
WHEREAS, City and Contractor now
desire to amend Agreement further.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thai the Seconc
Amendment to the City of Dubuque,
~owa Agreement for the Processing
and Marketing of Recydables, a copy
of which is at~ached qerete, is hereby
approved, and the Mayor is hereby
authorized and directed to sign the
Second Amendment on behalf of the
City of Dubuque.
Passed. approved and adopted this
6th day of Apdl, 1998.
Terranca M. Duggan, Mayor
At, est Mary A. Davis, Cit7 Clerk
Buol moved adoption of the
153
resolution. Seconded by Markham.
Motion carded 7-0.
City Manager recommending
approval of a budget amendment to
allow the Carnegie Stout Public Library
[o purchase equipment needed for an
Iowa Communications Network (ICN)
classroom, presented and read.
Voetberg moved that the
communicafion be received and filed
and recommendation approved.
Seconded by Nicholson. Motion
carried 7-0.
City Manager submitting Ordinance
and Resolutior regarding establishing
Enterprise Zone Commission and
membership, presented and read.
Buol moved that the communicafion be
received and filed. Seconded by
Nichoison. Mofion carded 7-0.
An Ordinance Amending City Code
of Ordinance providing [or the
Establishment of the Enterprise Zone
Commission, presented and read.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 23-98
AN ORDINANCE AMENDING
CHAPTER 15 COMMUNITY
DEVELOPMENT OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY ADDING A
NEW ARTICLE V ENTERPRISE ZONE
COMMISSION ESTABLISHING AN
ENTERPPJSE ZONE COMMISSION
AND PROVIDING FOR THE
COMPOSITION, DUTIES,
ORGANIZATION AND PROCEDURES
FOR SUCH COMMISSION.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE C~TY OF DUBUQUE IOWA:
Section 1. ChapTer 15 Commun~
Development of the Code of
Ordinances of the City of Dubuque,
Iowa, is amended by adding thereto the
following Article V:
ARTICLE V. ENTERPRISE ZONE
COMMISSION
154 Regular Session, April 6, 1998
Section 15-53. Enterprise Zone
Commission created.
There is hereby created an
Enterprise Zone Commission
Section 15-54. Composition.
The Commission created by this
A~cle shall consist of the following
nme (9) members: one
representative of the Dubuque County
Board of Supervisors, one (1) member
chosen by the Iowa Department of
Economic Development, one (1)
representative of the County Planning
and Zoning Commission one (1)
member of the Nor[heest Iowa
Community College Board of Directors,
one (1) representative of the local Iowa
Workforce Development Center;, three
(3) at-large members selected by the '
first five representatives, one of whom
shall 9e a representative of an
international labor organization; and
one (1} at-large member selected by
the City Council.
Notwithstanding any other section of
· is Code, members of the Commission
representing the Dubuque County
Board of Supervisors, County Planning
and Zoning Commissior., NoKheest
Iowa Community College and the Iowa
Work:force Development Center shall
not be reauirad to be residents of the
City of Dubuaue.
Section 15-55. Term: filling of
vacancies: compensation.
The term of office of the members of
the Commission shall be three years or
until a successor is duly appointed.
However, mree (3) of the initial terms
shall se for one (1) year, three (3) of
the initial terms shall be for two (2)
years; ana three (3) of the initial Terms
shall be for three (3) years.
A Commission member may be
removed at any time with or without
cause by a vote of two-thirds (2/3) of air
members of the City Council.
A vacancy on the Commission
caused by resignation or othePMse
shall be filled for the unexpired term by
the same procedure as when the
Commission was first established.
Members 3f the Commission shall
serve without compensation. Section 15-56. Duties.
The Commission shall review
applications for tax incentives and
assistance for eligible businesses
based on criteria specified by law and
shai. transmit [ts recommendation,
along with the application, to the iowa
Denartment of Economic Development
for its review and decision.
Section 15-57. Organization.
The Commission shall ChOOSe
annually, at its first regular meeting of
the calendar year, one of its members
to act as chairperson, and another of
its members to act as vice-chairperson
to perform air of the duties of the
chairperson during the chairperson's
absence or disabi[ity.
The Commission shall adopt such
rules and regulations governing its
organization and procedures as it may
deem necessary, consistent with the
following:
(1) The Commission shall meet as
necessary to fulfil[ the purposes for
which the Commission was created.
(2) The Commission shailfol[owthe
rules prescribed by law for Enterprise
Zone Commissions.
(3) Members of the Commission
shal[ attend at [east two-thirds (213) of
all meetings ,Mthin any twelve (12)
month period. If any member fails to
attend such prescribed number of
meetings, such failure shall constJtuta
grounds for the Commission to
recommend to the Cb Council that
said member be removed. Attendance
of all members shall be entered on the
minutes.
(4) Air meetings shall be helc in
accordance with the provisions of the
Iowa Open Meetings Law.
(5) The Commission shall file ~
the City Clerk a copy of the minutes of
each meeting of the Commission within
Ten (10) working days after such
meeting.
Section 15-58. Procedures for
Operation
All administrative, personnel,
accounting, budgetary and
procurement policies of the City shall
govern the Comm~ssio~ in all its
ooerations.
Passed, approved and aooptad this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
April, 1998.
Mary A. Davis CMC, City Clerk
lt4/10
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
ar two Council Meetings pdor'to the
meeting ar which it is to be finally
oassed be suspended. Seconded by
Nicholson. Vlotion carded 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0
Regular Session~ April 6~ 1998
RESOLUTION NO. 157-98
A RESOLUTION CONFIRMING THE
MEMBERSHIP OF THE CITY OF
DUBUQUE, IOWA, ENTERPRISE
ZONE COMMISSION.
Whereas, the State of Iowa
Department of Economic Development
(IDED) requires confirmation of the
membership of any Enterprise Zone
Commission before it can accept
applicatioes from qualified businesses
for Enterprise Zone benefits; and
Whereas, the City of Dubuque, Iowa,
has established by ordinance a City
Enterprise Zone Commission; and
Whereas, the CRy Council of
Dubuque, Iowa, has determined that
representation on the Enterprise Zone
Commission meets the requirements of
State iaw.
NOW, THEREFORE, BE IT
RESOLVED BY THE CFrY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the following
members of the City of Dubuque, Iowa,
Enterprise Zone Commission are
confirmed for staggered three year
terms:
Representative of County Board of
Supervisors:
Donna Smith, County Supervmor
Member chosen by IDED:
Rick Dickinson, GDDC Executive
Director
Representative of County Zoning
Board:
Emil Stackis, Zoning Board Member
Member of community college board of
directors:
Dr. Arden Johnston, President. NICC
Board Representative of local
workforce develop, center:
John Newtand, Acting Director
At-large representatives: Terry Duggan, Mayor
Ann Micha~ski, Council Member
Carl Robey, President of AFSCME
Local 3010
Joe Robbins, City Council appoint-
meat
Se~on 2. That the CRY Manager is
directed to submit this resolufion,
together with such documents as may
be required, to the Iowa Department of
Economic Devalopment
Passed, approved aaa adopted this
6th day of Apdl, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholsan.
Motion carried 7-0.
CRy Manager requesting $13,000 to
help fund a $41,500 Convenfior
Marketing Study with Chamner of
Commerce Convention and Visitors
Bureau, presented and read. Buol
moved that the communication Be
received and filed and request
approved. Seconded by Markham.
Motion carded 7-0.
City Manager submittin§ documents
providing for the bidding process for
Traffic Signal Installation for the
Conversion of 4th, 5th, Main and Iowa
Streets to Two-way traffic, presented
and read. Voetberg moved that the
communication be received and liled.
Seconded by Michalski. Motion carded
7-0.
RES~LUTION NO. 158-98
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Traffc Signal
Installation for the Conversion of
Four[h, Fifth. Main and Iowa Streets to
Two-Way Traffic. in the estimated
amount of $120,839.69, are hereby
approved and ordered filed in me office
of the CRY Clerk for public inspection.
Passed, adopted and approved this
6'th day of Apdl, 1998.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolutior, Seconded by Michalski.
Motion carried 7-0.
RESOLUTION NO. 159-98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the CRY
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 Traffic Signal
Installation for the Converskin of
Four[h, Fifth, Main and Iowa Streets to
Two-Way Traffic.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That on the 4th day of May, 1998, a
public hearing wfll be held at 7:00 p m
lin 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 CRY Clerk be
]56 Regular Session, April 6, 1998
and is hereby directed To cause a
r~otice of time and p~ace of such
headng to be oub[ished in a newspaper.
having general circulation in the City of
Dubuque, lewa, which notice shall be
qot less than four days nor more than
'cc/enD/days odor to the day ~ed for its
consideration. At the headng, a~y
interested person may appear and file
objections To the proposed plans,
specifications, contract, or estimatec
cost of the improvement.
Passed, adopted and approved this
6th day of April, 1998.
Terrance M. Duggan, Mayor
Attssti Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by MichalskL
Motion carried 7-0.
RESOLUTION NO. 160-98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Traffic Signal Installation for
the Conversion of Fourth, Fifth, Main
and Iowa Streets [o Two-Way Traffic is
hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESQLVED, that
the amount of the security to
accompany each bid shall be ~n an
amoun[ which shall conform to the
provisions ct 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 imorovements 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
twenty days prior to the 'eceipt of said
bids at 2;00 p.m. on the 22nd day of
April, 1998. Bids shall be opened and
~ead by the City Clerk at said time and
will be submitted to the Council for final
action at 7:00 p.m. on the 4th day of
May, 1998.
Passed, adopted and approved this
6th day of April, 1998. -
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, CH Clerk
Voetberg moved adoption of the
Resolution. Seconded by Micha[ski.
Motion carried 7-0.
City Manager reouesting a public
hearing De set to consider disposing of
properD2 to John Herbst, presented and
teac. Robbins moved that the
commt 3ication be received and filed.
Seconded by Voetherg. Motion carried
RESOLUTION NO. 161-98
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN LOT 2 OF
BURTON'S 2nd ADDITION IN THE
CITY OF DUBUQUE TO DONAbD J,
HERBST
Whereas. the City of Dubuque is the
current owner of Lot 2 of Burton's 2nd
Addition in the City of Dubuque, Iowa;
and
Whereas, Donald J. Herbat, has
petitioned to purchase said property
from the City of Dubuque.
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Cffy of Dubuque,
Iowa intends to dispose of its interest in
Lot 2 of Button's 2nd Addition
Donald J. Herbst and the vacating of
vadous existing utility easements
located thereon.
Section 2. That the conveyance of
the City's iaterest shall be for the surf
of $1.000.00 plus publication and filing
fees.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose ef
erecting, installing, construction,
reconstructing repalnng, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, ~.v.
cable, and electric lines as may ue
authorized by the City of Dubuque,
Iowa as shown on said plat_
Sectior 4. That ~ne City Clerk be
and is hereby authorized and directed
To cause a natibe to be published as
prescribed under Section 364.7
Disposal of Property, Code of iowa,
1995 or as amended.
Passed, approved and adopted this
6th day of April, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robblns "noved adoption of the
Resolution setting this matter for Public
Headng on 4-20-98 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk oublish notice in the manner
prescribed by law. Seconded by
Vaetberg. Motion carried 7-0.
At 8;27 d.m. Voetberg movedto ge
into Closed Session in accordance with
Code of Iowa Chapter 21.5 1.(j) To
discuss the purchase of par~cular real
estate where premature disclosure
could be reasonably expected to
increase the pdce the governmental
body would nave re pay for that
property. Seconded by Buol. Motion
carded 7-0.
Council reconvened Regular
Session at 9:25 p.m. and stated [hat
Staff had been given proper direction.
There being no further business,
Michalski moved to adjourn the
meeting. Seconded by Voetberg.
Motion carded 7-0. The mee~ng
adjourned at 9:26 p. m4
/si Mary A. Davis CMC
C~ Clerk
Reqular Session, April 6,'199~ 157
Xdopte~ / ,,'~....~ ,1998
Council Members
City Clerk ~
]_58 Board of Health, April 20, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Quarterly Board of Health. April 20,
1998.
Board met ar 6:55 P.M.. Public
Library Auditorium.
Present: Chairperson Duggan,
Board Members BuoL Markham,
Michalskk Nichoison, Robbins,
Voetberg.
Chairperson Duggan read the call
and stated this is the Regular Quarterly
meeting of the City Board of Health
callec for the purpose To acr uoon such
business which may properly come
before the Board.
Public Health Specialist requesting
City Board of Heath authorize
Chairperson to execute documents
related to the FY'99 State funds for
public health nursing services senior
health end home care aide 3rograms,
presented and read. Michalski moved
that the communication be received
and filed and request approved.
Seconded by Robbins. Motion carried
City Manager requesting Health
Board Chairperson be authorized to
execute Letter of Support from City
Board of Health to the VNA for
Maternal Chi{d Hea~th Clinic, presented
and read MichalskJ moved that the
communicatior be received and filed
and request approved. Seconded by
Robbins. Motion carried 7-0.
City Manager requesting Health
Board Chairperson be authorized to
execute Letter of Support from Cby
Board of Health to Hillcrest Family
Services for WIC Services anc
Maternal -{ealth, presented and read.
Michalski moved that the
communication be received and [iled
and request approved. Seconded by
Robbins. Motion carried 7-0.
There being no further business.
Michalski moved to adjourn. Seconded
by Robbins. Motion carried 7-0. The
"neeting adjourned at 7:00 p.m.
Is~ Mary A. Davis CMC
Secretary, Board of Health
Chairperson /?
Attest:
Secretary, Boa~of Health
Reqular Session? April 20, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
CH Council, Regular Session, April
20, 1998
Council met 7:00 p.m., Public Library
Auditorium
Present: Mayor Duggan, Council
Members Buol, Markham, MichaiskJ,
Nichoison, Robbins, Voetberg, City
Manager Michael Van Miiligen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council cawed for the purpose
to act upon such business which may
properly come before the Council
Invocation was given by Rev.
Kenneth Helmke, Director of Business
& Finance at War{burg Theological
Seminary.
Proclamation: Apnl 25 as "Arbor
Day' received by City Forester Sieve
Pregler.
MINUTES SUBMiTTED--Cable
Communtty TeJeprogramming
Commission of 4-7; Cable TV
Regulatory Commission of 4-8;
Carnegie-Stout Public Libranj of 1-22:
2-26 & 3-26' CMl Service Commission
of 3-12 & 4-2; Housing Code Appeals
Board of 3-17 & 3-20; Human Rights
Commission of 3-9; Zoning Board of
Adjustment of 3-26, presented and
read. Voetberg moved that the
minutes be received and filed.
Seconded by Buol. Motion carried 7-0.
Convention & Visitors Bureau
subm~ng their third quarter report,
presented and read. Voetberg moved
that the communication be received
and flied. Seconded by Bucl Motion
carded 7-0.
Finance Director subm~ng
Quarterly investment ReporT. presented
and read. Voetberg moved that the
communisa~on be received and filed.
Seconded by Buol. Motion carried 7-0.
Finance Director subm~ng
Financial reports for month ending
March 31, 1998, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by BuoL Motion carried 7-0.
NOTICES OF CLAiMS/SUITS --
Helen Andrews in no amount for
personal injudes and losses; Judy Roth
in unknown amount for personal
injuries, presented and read. Voetberg
moved that the claims and suits be
referred to the Legal Staff for
investigation and report. Seconded by
BuoL Motion carried 7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Commun~ss
Assurance Pool: Property damage of
Jeff L Mathewson; Personal injury of
Mast'an Singh, presented one read.
Voetberg moved that the
communica+Jon be received and filed.
Seconded by Buel. Motion carded 7-C.
Property damage claim of Joseph
Oisen referrec directly to Sprouie
Construction Cempan~s insurance
provided, CNA Commercial [esuranca,
presented and read. Voetaerg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0.
April 2, 1998
Honorable Mayor and Members of the
City Council
in accordance with Chapter 400 of
the 1997 Code of Iowa, the CM~
Service Commission conducted an
entry level written examination on
March 19, 1998 for the position of
Stock Clerk.
We heraoy cartify that the following
individuals have passed this written
examination and the vacancy for this
position should be made from this list.
We further state that this list is good for
two (2) years from above da~e.
STOCK CLERK
James Fishnisk
Randy Vaske
Frederick Brimeyer
Teresa Behnke
Terry Leibold
Guy Parkin
Jim Powers
Randall Ludowitz
Raymond Goedert
Maxine Dolphin
Raymond Behnke
Jeff Ahlers
Paul Herman
Paula WeJu
Respectfully submitted,
Is/Merle J. Duehr. Jr.
Chairperson
Lores J. Klussner
Thomas E. Rawson
Civ~ Service Commission
Voetberg moved that the above Civil
Sen, ice ced~caiton be made a matter
]-60 Regular Session, April 20, 1998
of record. Seconded by BuoL Motion
carried 7-0.
April 2, 1998
Honorable Mayor and Members of the
City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, the Civil
Service Commission conducted an
entry level written examination on
March 18, 1998 for the position of
Maintenance Worker.
We hereby codify that the following
individuals have passed this written
examination and the vacancy for this
position should be made from this list
We further state that this list is good for
one (1} year from above date.
MAINTENANCE WORKER
John Huekels Paul Herman
John Leytem. Jr. Vincent Conner
Kevin Grace Thomas Kramer
Randy Veske Jeff Steuer
Terrence Shaffer Paul J. Davis
Raymond Behnke Robert Schie]
Elmer Heacock Timothy Lattner
Kevin Sweeney
Respectfully submitted,
Isl Mede J. Duehr, Jr.
Chairperson
Lores J. Kiuesner
Thomas E. Rawson
CMl Service Commissioc
Voetberg moved that the above Civil
Service certJtication be made a matter
of record Seconded by Buol. Motion
carried 7-¢.
REFUNDS REQUESTED: Galaxies,
[nc. in amount of $225.00 on unexpired
Beer Permit: Tony's Piacs, $211.15 on
unexpired Liquor License, eresented
one read. Voetberg moved that the
refunds be approved uno Finance
Director To ~ssue proper checks.
Seconded b~ Buol. Motion carried 7-0.
City Manager requesting Mayor be
authorized to execute grant agreement
for Rocco Buda. Jr. Park., presented
and read. Voetberg moved that the
communication be received and tiled
and reuues[ approved. Seconded by
BuoL Motion carded
City Manager requesting Mayor be
authorizee to execute amended
agreement for White Water Creek
Bridge, presented and reaa. Vostberg
moved mai the communication De
receivec end filed and renues[
approved Seconded by Buol. Motion
carried 7-0.
City Manager recommending
approval of Grant for Hedtage Trail
Interpretive Signs, presemeo and roue.
Voetberg moved that the
communicatio~ be received and tiled.
Seconded by Buoi. Motion carried 7-0.
RESOLUTION NO. 162-98
APPLICATION FOR HISTORICAL
RESOURCE DEVELOPMENT
PROGRAM FUNDS. FOR
INTERPRETIVE SIGNS ALONG THE
HERITAGE TRAIL EXTEN~;ION
Whereas, the State Historical
Society of Iowa has funds available for
the inmrpretation of Iowa's historical
Whereas, the City has an adopted a
Comprehensive Plan with goals for
hike/bike trai; development and
intereretation of the history of Dubuque
and the Mississippi River, anc
Whereas, the Cky of Dubuque has
adopted a Hedtage Trail Master Plan
and begun implementation of the
Hedtage Trail extension through
Dubuque.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Planning
Services Manager is hereby authorized
to sign the contract with and submit
requeszs for reimbursements to the
State Historical Society of Iowa for
Historical Resource Development
Program Funds for interpretive signs
along the Heritage Trail extension.
Section 2 That the City Council
authorizes the City Manager to utilize
budgeted Capital Improvement
Program funds m provide the tinancial
match reeuired by this program should
the application ee approved by the
State Historical Society of Iowa.
Section 3. That the City of Dubuque
agrees To abide by all local, state, and
federal requirements applicable to the
proposed project.
Passed, approved and adopted this
20th day of Apdl, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, C~y Clerk
Voetberg moved aooption of the
Resolution Seconded by Buol. Motion
carried 7-0.
City Manager requesting approval to
communicate the importance of federal
funding for the America's River project
To U.S. Representatives and Senators,
presented and read. Voetberg moved
that the communication be received
and tiled one reauest approved.
Seconded by Buol. Motion carried 7-0.
Repular Session, April 20, 1998
161
City Manager recommending
acceptance of Water Pollution Control
~lant Phase Ill, Contract 2-29,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 163~98
ACCEPTING IMPROVEMENT
Whereas, the contract for the Water
Pollution Control Plant Phase Ill,
Contract 2-95 Improvements has been
completed and the City's consuitaat,
Strand and Associates, Inc. of
Madison, Wisconsin has recommended
acceptance of the project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1. Thatthe recommend~on
of the City Manager be approved and
that said improvement be accepted.
Passed, approved and adopted this
20th day of Apdl, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Rssoludon. Seconded by Buo[ Mo~Jon
carded 7-0.
RESOLUTION NO. 164-98
FINAL ESTIMATE
Whereas, the contract for the Water
Pollution Control Plan[ Phase III
Contract 2-95 Improvements have
been completed and the City has
submitted the final estimate showing
the cost thereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $1,705,699.59.
Sec~on 2. That the final payment of
$85,285.00 be paid to Westphsi and
Company in accordance with State
statutes from funds in the Water
Pollution Control Department FY 98
CIP Budget.
Passed, approved and adopted this
20th day of Apdl, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Voetberg moved adoption of the
Resolution. SecondedbyBuoL Motion
carded 7-0.
City Manager recommending
acceptance of Kelly Lane/Pego Court
Sanitary Sewer Extension - Phase il,
presented and read. Voatberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 165-98
ACCEPTING IMPROVEMENT
Whereas, the contract for the Kelly
Lane/Pego Court Sankary Sewer
Extension - Phase Il has been
completed and the City Manager has
examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
spec'r~cations and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1.. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the Cib/Treasurer be and he is hereby
directed to pay to the comramor from
Sanitary Sewer Funds in amount equal
to the amount of his contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
20th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resol~on. Seconded by BuoL Mofion
carded 7-C.
RESOLUTION NO. 166-98
FINAL ESTIMATE
Whereas, the contract for the Kelly
Lane/Page Court Sanitary Sewer
Extension - Phase II has been
completed and the Cfty Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and isspection and
all miscellaneous costs;
NOW. THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
OFTHE CCFY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement ia hereby determined to
be $190,909.96 and the said amount
shall be paid from the Sanitary Sewer
Construcfion Fund and Special
Assessment Bonds of the City of
Dubuque, Iowa.
Section 2. That $$7,080.35 of the
cost thereof shsil be assessable upon
pdvate properly and $103,829.61 shall
be paid #om Sanitary Sewer
Construcfion Fund.
Passed, approved and adopted this
20th day of April, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
P, egul~r Session, April 20, 1998
Voetberg moveo adoption of the
Rssolufion. Seconded by Buol. Mo'don
carded 7-0.
RESOLUTION NO. 167-98
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR KELLY LANE/PEGO COURT
SANITARY SEWER EXTENSION -
PHASE II INCLUDING CERTAIN
INFORMATION REQUIRED BY THE
CODE OF IOWA, SPECIFICALLY,
THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED, THE
INTEREST ON ALL UNPAID
INSTALLMENTS, THE TIME WHEN
THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE
AND TO PUBLISH NOTICE
THEREOF,
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of the
fioal schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construc'doo of the Kelly Lane/Pego
Cour~ Sanitary Sewer Extension -
Phase II under contract with
Tschiggfrie Excavafing of Dubuque,
Iowa. which final plat and schedule
were filed in the office of the City Clerk
on the 12th day of March, 1997, the
said schedule of assessments be and
the same s hereby approved and
adopted.
That there be. and is hereby
assessed and levied as a special Tax
against dod upoo each of the lots. the
reseecfive sums indicated. Providec,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the
~-espect~ve properties benefitted by me
improvements as shown in the
schedule, subject to the provisions of
Section 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in proportion to
~ne special benefits conferred and not
in excess of twenty-five percent of the
value of same.
That the CAy Clerk be and is hereby
directed To certify said schedule to the
County Treasurer of Dubuque County
Iowa, and To publish notice of said
cedification once each week for two
consecutive weeKs in the manner
provided in Section 362.3, the first
eublicatioo of which shall be not more
than fifteen days from the date of filing
of the final schedule. On or beforethe
date of the second publication of the
notice, the City Clerk shall also mail a
copy of said notice to property owners
whose property s subject [o
assessment, as provided and directed
in Section 384.60 of the Code of*lowa.
That assessments may be said in
full or in part without interest at the
office of the County Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the final schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
. payable in 10 annual installments and
will draw annual interest at 9 percent
(commencing on the date of
acceptance of the work) computed to
the December I next following the due
dates of the reseectiYe installments as
provided in Section 384.65 of the Code
of Iowa. --ach installment will be
delinquent from October I following its
due date on July 1 of each year.
Property owners may elest to pay any
annual installments semiannually' in
advance.
Passed, approved ano adopted this
20th day of Apdl, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, Cky Clerk
SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS FOR
KELLY LANE/PEGO COURT
SANITARY SEWER EXTENSION
The following schedule is hereby
determined to show each lot proposed
to Be assessed for the improvement
shown in the title together with the
amount praposeo to be assessed
against each lot and the valuations
shown opposite each lot are hereby
fixed as the true valuafions of such lots
by the CAy Council of the City of
Dubuque.
NAME LOT DESCRIPTION
TOTAL NET ASSESSMENT
Bahl, Mary E. Lot 6 of Peg-O-Mesa
$3,938.92
Biederman, Michael H
Lot 2-2-1 of Mineral Lot 507 (W 150"
only) $5,968.07
Breiner. Harvey D. & Mary
Lot 2 of Whltaker's Rockdale Sub.
$967.91 $2.292.64
Clark, Paul D. Lot 1-5 of Peg-O-Mesa
$4,336.80
Dahlman, rdomer S., Jr.
Lot 1-2-1 of Mineral Lot511 $3.567_31
Dominy, Michael b & Pauls J
Lot 1-2-2-1 of Mineral Lot 511 &
Regular Session, ApCi120, ;J998
Lot 4 of Whitakeds Rockdale Sub.
$2,896.50
Dominy, Michael L &Paula J.
Lot 3 of Whitaker's Rockdale Sub.
$3,103.40
Dunne, Loras R. & Myatt, Judy M.
Lot 3 of Sm other's Place (E 150' only)
$5.968.07
Fremmalt, PJois LUt 2-1-2 of Garral's
Grove $3,839.46
Giegedch, Mark S. & Sharon M.
Lot 2 of Mineral Lot 512 & Lot 3 of
Mlaeral Lot 513 $5,888.49
Guy, Gerald L Lot 7 of Peg-O-Mesa
$3,202.86
Hoffrnan, Thomas & Phyllis M.
Lot 1-2-1-1-1-1 of Mineral Lot 511
$4,336.80
Kelly, Michael Lot 1-1-1-1-1 of
~fineral Lot 51 t [E150' only) $5,968.07
Ober[oell, Douglas M.
Lot 9 of Peg-O-Mesa $3,660.41
Rockdale Methodist Church
Lot I & Lot 2-1-1- of M. L 507 & M.L
513 (150' at Church only) $5,968.07
Unsen, Madonna b
Lot I of Whitaker's Rockdale Sub. &
Lot 2-2-2-1 of Mineral Lot 511
$3,755.90
Valentine Richard H. & Mary Lou
Lot 8 of Peg-O Mesa $3,182.97
Walker, JeffreyA; & Jane C..
Lot 1-2-1-1-1 of Mineral Lot 511 & Lot
2-1-1-1-2 of Garners Grove $5,470.73
Westmark, Leo Lot 2~t-1-2 of
Garters Grove $4,078.18
W'r[t, Leonard E. Lot %2-2-1-1 & Lot
2-1-2-1-1 of Mineral Lot 511 (E150'
only) $4,263.55 $1,704.52
Zwack, Joseph Lot 2-2 of Garrel's
Grove $26.53 $3.952.18
TOTAL DEFICIENCIES $5,257.99
TOTAL NET ASSESSMENTS
$87,080.35
Voetberg moved adoption of the
Resoiu~on. Seconded by BuoL Motion
carried 7-0.
Stereo and Delores Mosimar,
requesting City Engineer consider
~mpact of overhead electrical
distribution systems on residential
character of neighborhoods especially
on Clarke Drive. presented and read.
Voetberg moved that this matter be
referred to the City Manager ano Staff.
Seconded by Buo[ Motion carded 7-0.
Mr. Mosiman spoke objecting to
recent large electrical distribution
center being placed in his Clarke Drive
neighborhood.
Dubuque Main Street Ltd. requesting
restdctea parking in Central Market
Distdct dudng certain hours, presented
and read. presented and read
Vostberg moved that this matter be
referred to the Cb Manager and staff.
Seconded by Buol. Motion carded 7-0
City Manager requesting approval to
purchase Projector for Computer
presentstitions in approximate amount
of $9,000.00, presented and read.
Voetberg moved that the
communication be received and filed
and request approved. Seconded by
BuoL Motion carried 7-0.
Copy of response sent to Mary
Klainschrodt requeatng tra~c signal at
US 29 and NW Artedal intersection,
presented arfd read. Voetberg moved
that the communication be received
and flied. Seconded by Budi. Maton
carded 7-0.
Copy of correspondence sent to
laglafators regarding Senate File 2005
on Annexation, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. MatCh carded 7-0.
City Manager requesting
authorization to renew a Family Self
Sufficiency (FSS) Program contract
with AJternative SelMces. inc.,
presented and read. Voetberg moved
that the communication be received
and filed and request approved.
Seconded by Budi. Motion carded 7-0.
Copy of communication from Mayor
!nviting legislatom to the City to review
improvements that have oeec done in
our community, presented and read.
Voetberg moved that the
communication be received and filed
and request approved. Seconded by
BuoL Motion carded 7-0.
Joe & Ruth Graham requesting
changes be allowed at entrance of
Etmwood Green Subdivision (800 block
of Kane Street), presented and read.
Voetberg moved that this matter be
referred to the City Manager and Staff.
Seconded by Buol. Motion cardec 7-0.
Ruth Graham spoke clarifying the
request.
RESOLUTION NO. 168-98
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
That the following having compiled
with the provisions of law relating to the
164 Regular Session, April 20, 1998
sale of Cigarettes within ~ne City of
Dubuque, Iowa, be granted e permit to
sell Cigarettes and Cigarette Papers
within said City.
Galaxies Inc. Galaxies Inc.
3203 Jackson St
Passed approved and adopted this
20th cay of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetherg moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 169-98
Whereas. applications for Beer
Permits have been submitted and ~led
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 compiy with the
Ordinances of this C~ 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 [ollowing named
applicants a Beer Permit
CLASS "B" BEER PERMIT
CK of Dubuque, [nc. CounTry Kitchen
+(Sunday Sale) 3187 Univeraity Ave
JD,BS & SW Ltd
McAJeece Rec Complex Conceseion
1 Admiral Sheehy
Passed. approved and adopted this
20th day of April, 1998.
Terrance M. Duggan, Mayor
Attest Mary A Davis, Cit,' Clerk
Voetberg moved adopt]on of the
Resolution. Seconded by Bucl. Motion
carried 7-0
RESOLUTION NO. 170 -98
Whereas, applications for Liauor
Licenses have been submitted to this
Council for approval and the same
have peen examined and approved:
and
Whereas. the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW. THEREFORE BE IT
RESOLVED BY THE CI'P¢ COL NC[L
OF THE CITY OF DUBUQUE, IOWA:
That the Manage[ be authorized to
cause to be issued the following named
apphcants a Liqedr License.
CLASS "C"(COMMERCIAL)
BEER& LIQUOR
Central Tap Inc Central Tap Inc.
+(Sunday Sa[e) 1046 Central Ave
Chad A. Streff Whiskey River
+(Sunday Sale) 1064 Universit7 Ave
Donna Ginter West Dubuque Tap
+(Sunday Sale) 1701 Asbury Rd
Aramark Education Srv
Lores College Campus
+(Sunday Sale) 1450 Alta Vista Dr
Dubuque Yacht Basin
The ~/heelhouse
+(Sunday & Outdoor Sale) !
1630 E 16th St
Paesec. approved and adopted this
20th day of April, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adop~on of the
Resolution. Seconded by Buol. Motion
carded 7-0.
BOARD AND COMMISSIONS:
Individuals interested in serving on
various Boards/Commissions To
address the Council advising of their
intent to serve.
PLUMBING BOARD: Applicant -
Leonard L Rhomberg, Jr. No one
spoke.
APPOINTMENTS to the following
Board or Comm~esiom
CIVIC CENTER COMMISSION:
Applicant: Steve Sesterhenn.
Michalski moved that Steve
Sesterhenn aouointed TO fill the
unexpired term which wilt expire 6-29-
2001. Seconded by Buol. Motion
carded 7-0.
ZONING BOARD OF
ADJUSTMENT: Applicants: Jim
Bauerly, Car[ Scherbfing. Vote on the
appointment was as follows: Mayor
Duggan voted for Bauer[y. Buol voted
for Bauerly. Markham voted for
Bauerly. V~ichalski voted for Bauetiy.
Nicholson voted for Bauedy. Robbins
voted for Bauer[y. Voetberg voted for
Bauer[y. Therefore, Jim Bauer[y
reappointed to a four year term which
will expire 3-25-2002.
Robbins moved to suspend the rules
to allow anyone present to address the
Counci] ~fthey so desire. Seconded by
Michalski. Motion carried 7-0
Proof of =ublicatior on Notice of
Public Hearing to consider disposing of
City's interest in Lot 2 of Button's 2nd
Addition to Donald J. Herbst and City
Manager recommending to proceed
with sale presented and reao.
Robbins moved that the proof and
communication be received and filed.
Seconded by Nicholson. Motion
Regular Session, Ap ri120, 1998
165
carded 7-0.
Attorney Dave Setter on behalf of
Don Herbst reque~ng approval of sale
so that a single family residence can be
built.
RESOLUTION NO. 171-98
Whereas, pursuant to resolution and
published notice af time and place of
heating, published in the Telegraph
Herald, a new~paper of general
circulation published in the City of
Dubuque, Iowa on the 10th day of April,
1998, the City Council of the City of
Dubuque, Iowa met on the 20th day of
Apdl, 1998, at 7:00 p.m. in the Public
Library Auditodum, 11th and Locust,
Dubuque, Dubuque, Coumy, Iowa to
consider the proposal for the sale of
real estate described as:
Lot 2 of Burton's 2nd Addition in the
City of Dubuque, Iowa [o Donald J.
Herbst; and
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and
objections, orsJ or written to the
proposal to dispose of interest of the
City of Dubuque, Iowa, except for
easements as noted, in the
hereinabove described real estate to
Donald J. Herbst.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1. That the disposal of the
interest of the City of Dubuque,
Dubuque County, Iowa in real properb/
deecdbed as Lot 2 of Button's 2nd
Addition and the vacating of various
existing utility easements Iocatad
thereon in the City of Dubuque, Iowa to
Donald J. Herbst be and the same is
hereby approved for the sum of
$1,000.00 plus cost of publication and
filing fees. Conveyance shall be by
Quit Claim Deed.
Section 2 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
the above named grantee upon receipt
of the nurchase price in full.
Section 3. The City of Dubuque
reserves unto hteelf a perpetual
easement including the right of ingress
and egress thereto, for the Purpose of
erecting, installing, construction,
reconstrublJng, repairing, owning,
operating, and maintaining water.
sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, as shown on said plat.
Section 5. That the City Clerk be and
is hereby authorized and directed to
record a cedJfied copy of this resolution
in the of 7ice of the CAy Assessor,
Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this
20th day of April, 1998.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, CAy Clerk
Robbins moved adoption of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
City Manager submitting corrected
Ordinance regarding minimum rates to
change Water Rates, presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Markham. Motion carried
7-0.
An Ordinance Amending Code of
Ordinances fixing Water Rates for
Residential, Commercial and industrial
and ail other uses, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 24-98
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
REPEALING SECTION 44-201 (a)
FIXING WATER RATES FOR
RESIDENTIAL AND INDUSTRIAL
USES AND ADOPTING IN LIEU
THEREOF A NEW SECTION 44-201
(a}, FIXING WATER RATES FOR
RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL AND ALL OTHER
USES.
NOW, THEREFORE, BE tT
ORDAINED BY THE CITY COUNCIL
FOR THE CITY OF DUBUQUE, IOWA:
Se~on 1. Sermon 44-201 (a), of the
code of Ordinances, CAy of Dubuque,
Iowa is hereby repealed.
Section 2. The following new
Section 44-201 (a) is hereby adopted:
*Section 44-201(a}. Residential,
Commercial, industrial and all other
uses.
(a) Commencing July 1, 1998, the
rates to be charged for water for
residential, commercial, industrial and
all other uses and purposes by person,
firm or corporation within the cAy shall
be fixed and determined as fbl[owa:
Monthly Charge Per
Consumoti~r] Hundred Cubic F~,e,f;
First 3,000 $1.45
Next 12,000 $1.19
I Next 35,000 $1/i0
Next 50,000 ~ .98
166 Regular Session, April 20, 1998
Next 100,000 $ .84
Rates shall be subject to the
following minimum monthly charge
according to the size of the meter;
Meter Size Minimum Allewance
(Inches) Current Rate (Cubic Fe~)
5~ $2.90 200
3~ $7.25 500
I $11.60 8OO
I ~ $37.70 2,600
2 $62.54 4,600
3 $133.94 10,600
4 $206.10 16,800
6 $448.t0 38,800
8 $693.80 62,500
Section 3. This ordinance shall take
effect on the first day of July, 1998
Section 4. This ordinance is to
repeal Ordinance Ne. 10-98.
Passed, approved and adopted this
20th day of April, 1998,
Terrance M. Duggan, Mayor
Attest Mary A. Davis. City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
Apdl, 1998.
It 4/27 Mary A. Davis CMC, City Clerk
Buol moved that the. requirement
that a proposed Ordinance ~e
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
Markham. Motion carried 7-0. Buei
moved final consideration and passage
of the Ordinance. Seconded Dy
Markham_ Motion carried 7-0.
City Manager reouesting direction
regarding installation of sidewalks in
various lecatians within the
presented and read. Budi moved that
Staff be directed to pursue all five
recommendations and bdng back for a
public hearing. Seconded- by
MichalskL Motion carried 7-0.
Petition from Mary Schumacher
containing 42 signatures requesting
installation of sidewalk on Cedar Cross
Rd. and Center Grove Road, presented
and read. Budi moved that the
communicatior be received and tiled.
Seconded by Michalski. Motion carded
7-0.
Zoning Advisory Commission
advising of their approval far a text.
amendment to the Zoning Ordinance
regarding annexation, presented and
read. Buo[ moved that the
communication be received and flied.
Seconded byVoetberg. Motion carded
7-0.
An Ordinance Adopting a new
Section 2-3 in lieu thereof of the City
Code of Ordinances pertaining to
Annexatian Zoning Policy, 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 isto be finally
passed be suspended. Seconded by
Voetberg. Motion carded 7-0. Buol
moved that a Pub c Heafing~,be held on
the proposed Ordinance on the 4th day
of May, 1998 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
Voetberg. Motion carried7-O.
City Manager submitting bdding
documents providing for construction of
2nd Neighborhood Ornamental Railing
Project in Historical District, presented
and read Voetberg moved that the
communication be received and tiled.
Seconded by Michalski. Motion carded
7'-0.
RESOLUTION NO. 172-98
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans:
specifications, form of contract and
estimated cost for the 1998 Historical
District Retaining Wall Railing Project,
in the estimated amount of $27,600.00,
are hereby approved and ordered filed
in the office of the City Clerk for public
inspection.
Passed, adopted and approved this
20th day of Aptil, 1998
Terrance M. Duggan, Mayo~
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michatski.
Motion carded 7-C.
RESOLUTION NO. 173-98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas the City Council of the City
of Dubueue. Iowa has given its
preliminary approva; on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Ctark for public
inspection of the 1998 Historical Distdct
Retaining Wail Railing Project.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 18th day of May, 1998, a
Rectular Session, April 20, 1998
167
public headng will be held at 7:00 p.m.
in the Public Library Audriodum at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a neWspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideratio,q. At the headng, 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
20th day of Apdl, 1998.
Terranca M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Michalski_
Motion carded 7-0.
RESOLUTION NO. '174-98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, iOWA:
That the 1998 Hisfodcal District
Retaining Wall Railing Project is
hereby ordered to be adved~sed 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.
Tha~ the City Clerk is hereby directed
to adverse for bids for the construction
of the improvements herein provided,
to be published in a neWspaper having
general birculation in the City of
Dubuque, Iowa, which notice shell not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on theTth day of May,
1998. Bids shall be opened and read
by the City Clerk at said time and wil~
be submitted to the Council for finai
action at 7:00 p.m. on the 18th day of
May, 1998.
Passed, adopted and approved this
20th day of April, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetherg moved adoption of the
Resolution. Seconded by Michalsld.
Motion carded 7-0.
City Manager requesting public
headng be held on May 4th to consider
an amendment to FY"g8 Budget,
presented and read. Buol moved that
the communication be received and
flied. Seconded by Markham. Moron
carded 7-0.
RESOLUTION NO. 175-98
RESOLUTION DIRECTING THE CITY
CLERK TO PUBLISH PROPOSED
AMENDMENT TO THE FISCAL YEAR
1998 BUDGET AND DATE OF
PUBLIC HEARING
Whereas, it is oropssed that the City
of Dubuque amend its Fiscal Year
1998 budget; and
Whereas, Section 384.18 of the
Cede of Iow~ ~pulatss that a public
headng must be held on such a budget
amendment.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Cb Clerk by
and is hereby autho~zed and directed
to pubrmh notice of public headng on
an amendment to the adopted budget
for the City of Dubuque, Iowa.
Passed, approved and adopted this
20th day of April, 1998.
Terrsnce M. Duggan, Mayor
Attest: Mary A~ Davis, C~ Clerk
Bubi moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
City Manager requesting to consider
disposing of Cri~s interest and release
an utilffy easement in Fremont Heights
as requested by Martin & Nancy
McNamer, presented and read.
Robbins moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 176-98
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST AND
RELEASE AN EXISTING 10 FOOT
WIDE UTILITY EASEMENT ON LOT 1
IN BLOCK 4 OF FREMONT HEIGHTS
IN THE CITY OF DUBUQUE, IOWA
Whereas, Martin J. and Nancy A.
McNamer ara the current owners of Lot
1 in Block 4 of Fremont Heights in the
City of Dubuque, Iowa; and
Whereas, a 10 foot wide ~1~
easemen~ is currant~y platted on said
lot; and
Whereas, Ma~n J. McNamer has
petitioned ~o vacate the 10 foot wide
utility easement in said lot.
].68 Regular Session, April 20, 1998
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. Thatthe City of Dubuque,
tow~ intends to dispose of its interest
and release existing 10 foot wMe utility
easement on Lot 1 in Block 4 of
Fremont Heights in the City of
Dubuque, Iowa.
Section 2. That the City Clerk be
and is hereby authorized and directed
to cause a notice to be published as
prescribed under Section 364.7 Code
of iowa, 1995 or amended.
Passed. approved and adopted this
20th day of Apdl, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins movee adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
At 7:41 p.m. Michalski moved to go
into Closed Session In accordance with
Chapter 21.5 1.(j) State Code of iowa,
1997 as amended, To discuss the
purchase of particular real estate
where premature disclosure could be
reasonably expected to increase the
price the governmental body would
nave to pay for that property.
Seconded by BuoL Motion carried 7-0.
At 8:35 P.m. Council reconvened
Regular Session with statement that
Staff had been gwen proper direction.
There being no further business,
Buol moved to adjourn the meeting.
Seconded by Markham. Motion carded
7-0. The meeting adjourned s[ 8:36
/s/Mary A. Davis CMC
City Clerk
ayor
1998
Council Members
City Clerk /~'