1998 May Council ProceedingsRegular Session. Mav 4, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May
4, 1998.
Council Met at 7:00 p.m., Public
Library Auditorium.
Present Mayor Duggan, Council
Members Buol, Markham, Nicholson,
Robbins, Voetherg, City Manager
Michael Van Milligen, Corporation
Counsel Barry A. Lindahl.
Absent Council Member Michalski.
Invocation was given by Rev. David
Kruse, Pastor of Faith United Methodist
Church.
PROCLAMATIONS — in Support of
Nomination of Catherine Dunn, BVM,
PhD, to The Iowa Women's Hall of
Fame; In Support of Sale of Buddy
Poppies by the Veterans of Foreign
Wars received by Wayne Kramer;
Month of May as "Mental Health Month"
received by Howard Haigh; May 6 -12
As: "Nurses' Week" received by Pram
Singh of Mercy Health Center, May 9,
1998 as "Kids' Day America/Dubuque;"
May 10 -16 As: °Peace Officers' Week"
and May 15 As: "Peace Officers'
Memorial Day' received by Rev. David
Kruse; May 10 -16 as "Historic
Preservation Week 1998;" May 11 -17
As: "DubuqueFestNery Special Arts
Week of 1998" received by Carmen
Ferguson, Dir. of DubuqueFest, and
May 29 -30 As: "Sertoma Candy Days"
received by Winnie Stricker.
MINUTES SUBMITTED —
Community Develop. Adv. Comm. of 1-
26-98; Electrical Code Board of 4-27-
98; Five Flags Civic Center of 3- 16 -98;
Long Range Planning Comm. of 4 -15-
98; presented and read. Voetberg
moved that the minutes be received
and filed. Seconded by Nicholson.
Motion carried 6 -0.
Printed Council Proceedings of
January and February, 1998,
presented and read Voetberg moved
that the proceedings be approved as
printed. Seconded by Nicholson.
Motion carried 6 - 0.
169
Proof of publication certified to by
the Publisher on publishing Council
Proceedings for meeting of 4 -6; Proof
of Combined Public Notice of Finding
of No Significant Impact and Notice of
Intent to Request of Funds for Local
Housing Assistance Program;
presented and read. Voetberg moved
that the proofs be received and filed.
Seconded by Nicholson. Motion
carried 6-0.
Quarterly Report of Substance
Abuse Services Center, presented and
read. Voetherg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6 -0.
NOTICES OF CLAIMS /SUITS —
Karen Regan for property damages in
the amount of $175.00; Tara Roskopp
Hakert Winger for personal injuries in
an undetermined amount; Darlene
Hagan for $3000+ for property
damages, presented and read.
Voetberg moved that the claims and
suits be referred to the Legal Staff for
investigation and report. Seconded by
Nicholson. Motion carried 6 -0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Personal Injury of
Helen Andrews; Vehicle damage of Joe
Blasen; Personal injury for Judy Roth,
presented and read. Voetherg moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 6 -0.
Louis P. Pfeifer on behalf of Phillip
Mihalakis requesting to purchase
property on the south side of E. 14th
St adjacent to the Mihalakis property,
presented and read. Voetherg moved
that this matter be referred to the City
Manager. Seconded by Nicholson.
Motion carried 6-0:
City Manager recommending
approval of Lease Agreement with Tri-
State Modelers for a section of
Roosevelt Park and that the Mayor be
authorized to execute the Lease
Agreement, presented and read.
Voetberg moved that . - the
communication be received and filed
and recommendation , approved.
Seconded by Nicholson. Motion
carried 6-0.
170 Regular Session, May 4,1998
Michael Sudmeier offering ideas and
recommendations to help restore the
downtown area, presented and read.
Voetberg moved that this matter be
referred to the City Manager.
Seconded by Nicholson. Motion
carried 6 -0.
A petition (@ 250 signatures)
requesting a skating area for skate
boarding and roller bladers, presented
and read. Voetberg moved that this
matter be referred to the City Manager.
Seconded by Nicholson. Motion
carried 6 -0.
Dan Beadle submitting a petition (@
60 signatures) requesting a Stop Sign
at the Corner of Forest Lane and Glen
Oak St., presented and read. Voetberg
moved that this matter be referred to
the City Manager. Seconded by
Nicholson. Motion carried 6 -0.
City Manager requesting the Long
Range Planning Advisory Comm. to
solicit public input and provide
recommendation on future land uses
for areas along previously
unaddressed areas along Middle Road,
Seippel Road, Granger Creek and
Highway 61/151, presented and read.
Voetberg moved that the
communication be received and filed
and request approved. Seconded by
Nicholson. Motion carried 6 -0.
City Manager recommending
approval of the DRA request to prepay
$736,842.12 principal due on debt for
the months of June, 1998 through Dec.
1998, presented and read. Voetberg
moved that the communication be
received and filed and approved
recommendation. Seconded by
Nicholson. Motion carried 6 -0.
City Manager recommending
adoption of Resolution Adopting
Supplement No. 36 to the Code of
Ordinances, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 6 -0.
RESOLUTION NO. 177 -98
ADOPTING SUPPLEMENT NO. 36 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, under date of July 17,
1989, the City Council, pursuant to
Ordinance No. 34 -89, readopted the
Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted
up to and including December 19,
1988; and
Whereas, since December 19, 1988
the City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that supple-
ments, by resolution, become part of
the Code of Ordinances.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No. 36
of the Code of Ordinances of the City
of Dubuque, Iowa, covering Ordinances
through Ordinance No. 2 -98 enacted
through January 19, 1998 and
prepared by the Sterling Codifers, Inc.,
Weiser, ID hereto filed in the Office of
the City Clerk of the City of Dubuque,
Iowa be and is hereby adopted and
becomes part of the Code of
Ordinances of the City of Dubuque,
Iowa.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6 -0.
City Manager recommending
adoption of a Resolution Authorizing
publication of a Combined Notice of
Finding of No Significant Impact on the
Environment and Notice of Intent to
Request Release of Funds for Certain
Community Development Block Grant
Projects, presented - and read.
Voetberg moved that the
communication be received and filed
and recommendation approved.
Seconded by Nicholson. Motion
carried 6 -0. - -
RESOLUTION NO. 178 -98
A RESOLUTION AUTHORIZING
PUBLICATION OF A COMBINED
NOTICE OF FINDING OF NO
SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF
INTENT TO REQUEST RELEASE OF
FUNDS FOR CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT
PROJECTS
Whereas, the City of Dubuque will
enter into a Grant Agreement for the
Fiscal Year commencing July 1, 1999,
with the U.S. Department of Housing
and Urban Development, providing for
financial assistance to the City under
Title 1 of the Housing and Community
Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, an environmental review
has been processed for the hereinafter
listed projects to be financed with
Community Development Block Grant
funds; and
Whereas, based on said
environmental review, the Department
of Community and Economic
Development has determined that said
projects will have no significant impact
on the environment and
Whereas, a combined notice of "
Finding of No Significant Impact on the
Environment" and of "Intent to Request
Release of Funds" for said projects will
be sent by regular mail to various
federal, state and local public
agencies; to the appropriate Regional
Office of the Environmental Protection
Agency, to the HUD Area Office and to
the local news media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a notice; and
Whereas, any and all comments
received as a result of such notice will
be duly considered before proceeding
with a Request for 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 of Finding
of No Significant Impact on the
Environment and Notice of Intent to
Request Release of Funds for the
following identified projects and to
make the Environmental Review
Record for said projects available for
public inspection and comment until
5:00 p.m. on May 22, 1998. Such
notice shall be in the form of Exhibit "A"
attached hereto and made a part
hereof.
Housing Programs: Problem
Properties Management; Housing
Trust Homeownership Rehabilitation
(Operation: Paintbrush; Operation
Upkeep; Residential Rehabilitation
Loan Program; Sewer Connection
Loan);Housing Code Enforcement;
First Time Home Buyer Program; Lead
Paint Hazard Abatement Project;
Rental Unit Rehabilitation (Emergency
Regular Session, Mav 4.1998
171
Code Enforcement Loan Program;
Moderate Income Rental Rehab Loan
Program; Accessibility Rehab; Single
Room Occupancy Rehab);DREAMS;
Housing Rehabilitation Services and
Staff; Housing Planning /Administration
Services and Staff
Neighborhood and Community
Development Programs: Community
Partnership Program
(cp2);Neighborhood Recreation
Programs; Family Self- Sufficiency;
Information and Referral Service;
Neighborhood Park Improvements;
Zoning Inspection/Enforcement; Child
Care Resource and Referral; Historic
Preservation; Historic Preservation
Rehabilitation Grants; Washington Tool
Library, Neighborhood Support Grants;
Leadership Training; Neighborhood
Infrastructure Improvements
(Neighborhood Street Overlays;
Neighborhood Sidewalk Program;
Neighborhood Step /Wall
Repair)Handicap Curb Ramps; Fair
Housing Tenant Conference;
Fair Housing PR Support;
Neighborhood Development Services
and Staff
Economic Development Programs:
Economic Development Financial
Assistance Program; Enterprise
Opportunity Program; Acquisition
/Disposition; Economic Development
Program Services and Staff
Planning and Administration: CDBG
Administration Services and Staff; City
Planning Services and Staff
Section 2. That the environmental
review record for each of the projects
shall be placed on file in the Office of
the City Clerk where said record may
be examined and copied by any
interested party.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S.
Department of Housing and Urban
Development fifteen (15) days after
publication of appropriate notice a
Request for Release of Funds to
undertake the said projects.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a
responsible federal official under the
National Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision
making, and action assumed and
carried out by the City of Dubuque as
to environmental issues.
Section 5. That the Mayor of the
172 Regular Session, May 4, 1998
City of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the federal courts if an action is brought
to enforce responsibilities in relation to
environmental review, decision making
and action.
Section 6. That the Mayor of the
City of Dubuque be and he is hereby
authorized and directed to execute a
certification pertaining to the
environmental review procedures.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6 -0.
City Manager recommending
approval of a contract with ISU
Extension Service to provide summer
recreation classes for the Uptown
Recreation Program, presented and
read. Voetberg moved that the
communication be received and filed
and approved recommendation.
Seconded by Nicholson. Motion
carried 6 -0.
City Manager submitting comments
on the Proposed Storm Water
Regulations as proposed by the
Environmental Protection Agency,
presented and read. Voetberg moved
that the communication be received
and tiled. Seconded by Nicholson.
Motion carried 6 -0.
City Manager recommending
adoption of a Resolution Authorizing
Sponsorship of an Application to the
Federal Home Loan Bank of Des
Moines for Affordable Housing Program
Funds to assist income qualifying
households to purchase a home,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 6-0.
RESOLUTION NO. 179 -98
A RESOLUTION AUTHORIZING
SPONSORSHIP OF AN
APPLICATION TO THE FEDERAL
HOME LOAN BANK OF DES MOINES
FOR AFFORDABLE HOUSING
PROGRAM FUNDS.
Whereas, the Federal Home Loan
Bank has published notice of
availability of funds - under the
Affordable Housing Program; and
Whereas, local member FHLB
lending institutions have agreed to
submit an application for these funds,
for a program of homeownership
assistance to lower- income
households; and
Whereas, the City's CHAS and
Consolidated Plan promote the
objectives of homeownership
assistance and stabilization of target
neighborhoods; and
Whereas, provision of
homeownership opportunities to the
City's working families is a necessary
complement to on -going economic
development efforts.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. The Mayor is hereby
authorized to execute this resolution in
sponsorship of an application to the
Federal Horne Loan Bank for
Affordable Housing Program funds, to
assist low and moderate - income
families to purchase homes.
Section 2. This resolution shall take
effect immediately.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6 -0.
City Manager recommending
adoption of a Resolution Approving the
Submission of an application for
Historic Resource Development
Program Funding to Conduct an
Historic Preservation Survey,
presented and read. Voetberg moved
that the communication be received
and filed. • Seconded by Nicholson.
Motion carried 6 -0.
RESOLUTION NO. 180 -98
RESOLUTION APPROVING THE
SUBMISSION OF AN APPLICATION
FOR HISTORIC RESOURCE
DEVELOPMENT PROGRAM
FUNDING TO CONDUCT AN
HISTORIC PRESERVATION SURVEY.
Whereas, the State Historical
Society of Iowa has announced the
availability of Historic Resource
Development Program (HRDP grant
program) funds; and
Whereas, the evaluation and survey
of properties are eligible activities for
HRDP funding; and
Whereas, the State Historical
Society has advised that an historic
preservation survey is necessary for
the renewal of a Memorandum of
Agreement between the State and City
for the purposes of conducting local
Section 106 reviews; and
Whereas, the City of Dubuque
Historic Preservation Commission has
reviewed and endorsed the proposed
historic survey.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the submission of an
application for Historic Resource
Development Program funds to
conduct an historic preservation survey
is hereby approved.
Section 2. That the Community and
Economic Development Director is
hereby authorized to sign the contract
with and submit requests for
reimbursements to the State Historical
Society of Iowa for Historic Resource
Development Program Funds to
conduct an historic preservation
survey.
Section 3. That the City Manager is
authorized to utilize budgeted
Community Development Block Grant
Funds to provide the required local
match should the application be
approved by the State Historical
Society of Iowa.
Section 4. 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
4th day of May, 1998
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6 -0.
IA Dept. of Transportation submitting
Notice of an Open Forum Public
Hearing on May 12, 1998 from 5 to 7
p.m. at Hempstead High School
Commons, to discuss proposed
construction of Iowa 32 (Northwest
Arterial) from John F. Kennedy Rd.
East and North through the U.S.
52/lowa 3 intersection in Dubuque,
presented and read. Voetberg moved
that the communication be received
and filed- Seconded by Nicholson.
Motion carried 6 -0.
Bob Hensley of Venture Stores, Inc.
submitting notification of the Closing of
its retail store at 255 John F. Kennedy
Road, between July 1 and Sept. 1,
1998, presented and read. Voetberg
Regular Session. Mav 4.1998 173
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 6 -0.
RESOLUTION NO. 181 -98
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
TFM Co. Oky Doky # 1 250 W 1st St
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6 -0.
RESOLUTION NO. 182 -98
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit
CLASS "B° BEER PERMIT
Dubuque Brewing Com.
Dubuque Brew Pub +(Sunday &
Outdoor Sale) - - - - 500 E 4th St
CLASS "B" BEER PERMIT
( SPECIAL EVENT)
Donna Ginter DubuqueFest+
(Sunday & Outdoor Sale) 7th & Locust
CLASS "C° BEER PERMIT
Kwik Trip, Inc - Tobacco Outlet Plus
#504 +(Sunday Sale) 806 Wacker
McCann's Service Inc. McCann's IOCO
+(Sunday Sale) 690 W Locust
Mulgrew Oil Co. 16th St Auto /Truck
Plaza +(Sunday Sale) 1215 E 16th
Passed, approved and adopted this
4th day May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6 -0.
174 Regular Session, May 4, 1998
RESOLUTION NO. 183-98
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "C "(COMMERCIAL)
BEER/LIQUOR LICENSE
C & J Inc. Windsor Tap
2401 Windsor Ave.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 6 -0.
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BOARDS AND COMMISSIONS:
APPOINTMENT to the following
Board:
PLUMBING BOARD: Applicant:
Leonard L. Rhomberg Jr. Voetberg
moved that Mr. Rhomberg be
reappointed to the Plumbing Bd. as
Master Plumber for a term to expire 11-
2-99. Seconded by Markham. Motion
carried 6 -0.
Robbins moved that the rules be
suspended to allow those present to
address the Council if they so desire.
Seconded by Buol. Motion carried 6-0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider amendment to
Fiscal Year 1998 Budget and City
Manager recommending to approve the
Amendment for the FY'98 Budget,
presented and read. Buol moved that
the proof and communication be
received and filed. Seconded by
Robbins. Motion carried 6 -0.
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Buol moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6 -0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider disposing of an
existing 10' wide utility easement on
Lot 1 in Block 4 of Fremont Heights in
the City of Dubuque to Martin J. &
Nancy A McNamer and City Manager
recommending to proceed with
disposal, presented and read.
Voetberg moved that the proof and
communication be received and filed.
Seconded by Robbins. Motion carried
6 -0.
RESOLUTION NO.185 -98
Whereas, pursuant 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 24th day of April,
1998, the City Council of the City of
Dubuque, Iowa met on the 4th day of
May, 1998, at 7:00 p.m. in the Public
Library Auditorium, 11th and Locust,
Dubuque, Dubuque, County, Iowa to
consider the proposal for the sale of
real estate described as:
An existing 10 foot wide utility
easement on Lot 1 in Block 4 of
Fremont Heights in the City of
Dubuque, as shown on the attached
Exhibit A
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to dispose of interest of the
City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of the City of Dubuque,
Dubuque County, Iowa in real property
described as an existing 10 foot wide
utility easement on Lot 1 in Block 4
Fremont Heights in the City of
Dubuque, Iowa be and the same is
hereby approved for the cost of
publication and filing fees.
Section 2. That the Mayor be
authorized and directed to execute a
Release of Easement, and the City
Clerk be and is hereby authorized and
directed to deliver said Release to
Martin J. & Nancy A. McNamer, upon
receipt of the above fees.
Section 3. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
Regular Session, May 4, 1998 175
resolution in the office of the City
Assessor, Dubuque County Recorder
and the Dubuque County Auditor.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6 -0.
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to consider an amendment to
the Zoning Ordinance pertaining to the
Annexation Zoning Policy, presented
and read. Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 6-0.
An Ordinance Amending Zoning
Ordinance by adopting a new Section
2 -3 pertaining to Annexation Zoning
Policy, with first and second readings
given on 4 -20, now presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 25-98
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY REPEALING SECTION 2-3 AND
ADOPTING SECTION 2 -3 IN LIEU
THEREOF PERTAINING TO
ANNEXATION ZONING POLICY.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by repealing Section 2 -3 and
adopting the following new Section 2 -3
in lieu thereof:
AR territory which may hereafter be
annexed to the City may, prior to
annexation, be classified, effective
upon annexation, in accordance with
the provisions of Section 6 of this
Ordinance. If voluntary annexation
of the territory is requested, but the
territory is not classified as
requested by the applicant, the
applicant may withdraw the voluntary
annexation request. If not so
classified, the territory shall be
classified AG Agricultural District,
and shall remain in that classification
pending request for reclassification
in accordance with the provisions of
176 Regular Session, May 4, 1998
Section 6 of this Ordinance.
Section 2. This ordnance has
heretofore been reviewed by the
Zoning Advisory Commission of the
City of Dubuque, Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998.
1 t 5/98
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Buol. Motion carried 6 -0.
Proof of publication certified to by
the Publisher on Notice of Hearing on
Plans and Specs. for Traffic Signal
Installation for the Conversion of
Fourth, Fifth, Main and Iowa Streets to
Two -Way Traffic, presented and read.
Voetberg moved that the proof be
received and filed. Seconded by
Markham. Motion carried 6 -0.
RESOLUTION NO. 186-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of April,
1998, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Traffic Signal Installation for the
Conversion of Fourth, Fifth, Main and
Iowa Streets to Two -Way Traffic.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6 -0.
Ruth Bockes, Pres. of Iowa Street
True Value Store, spoke objecting to
the conversion.
Joe Graham, 800 Kane St, spoke
clarifying reasons to eliminate one -way
streets was to give easier access
to the downtown.
Proof of publication certified 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. Voetberg moved that the proof
and communication be received and
filed. Seconded by Markham. Motion
carried 6 -0.
RESOLUTION NO. 187 -98
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Traffic Signal Installation for
Conversion of 4th, 5th, Main and Iowa
Streets to Two -Way Traffic pursuant to
Resolution No. 160 -98 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 10th day of April, 1998.
Whereas, said sealed proposals
were opened and read on the 22nd day
of April, 1998 and it has been
determined that the bid of Westphal
and Company, Inc. of Dubuque, Iowa in
the amount of $42,959.92 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the contract for the above
improvement be awarded to Westphal
and Company, Inc. and Manager
be and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6 -0.
Greater Dubuque Development
Corp. requesting Council reappoint City
Manager and Mayor, as well as two
other members of Council, to serve on
their Board of Directors for terms
beginning July 1, 1998, presented and
read. Buol moved to reappoint the City
Manager and Mayor and also Council
Members Nicholson and Voetberg.
Seconded by Markham. Motion carried
6 -0.
City Manager submitting response to
Joe and Ruth Graham's request to
eliminate portion of sidewalk
installation in the Elmwood Green
Subdivision and recommending
installation of sidewalks, presented and
read. Bud moved that the
communication be received and filed
and recommendation approved.
Seconded by Nicholson. Motion
carried 6 -0.
City Manager recommending parking
restrictions for Farmers' Market area on
market days between 6:00 a.m. &
Noon., presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Markham
Motion carried 6 -0.
Claudia Jones, Main St. Ltd. Dir.,
spoke clarifying the request.
An Ordinance Amending City Code
of Ordinances by adding a new Section
31 -23.10 Providing for Restricted
Parking in the Central Market District
during Certain Hours, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 26-98
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REVISING ARTICLE II CENTRAL
MARKET ESTABLISHING SEC. 31-
23.10 THEREBY PROVIDING FOR
RESTRICTED PARKING IN THE
CENTRAL MARKET AREA
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding the
following Section 31 -23.10 thereof as
follows:
SP(' 31-23 10 Restricted Parking in
Central Market
When stalls in the central market
Regular Session, May 4, 1998 177
have been established by the City
Manager and signs are erected
giving notice thereof, no person shall
park a vehicle in a stall in the Central
Market area as defined in Sec. 31 -21
between the hours of six o'clock
(6:00) a.m. and noon on Saturdays
in the months of May through
October unless the vehicles has on
display a permit as described in Sec.
31 -23.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998.
- It 5/8
Karen M. Chesterman,
Deputy City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Markham. Motion carried 6-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Markham. Motion carried 6 -0.
City Manager recommending that a
Land Use Planning Process for the
Highway 20 Corridor (Dodge St)
between Bluff St. & Cherokee Dr. -
Collins St. be conducted within the next
six months and provide for a six month
moratorium on issuance of building
permits, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson.
Motion carried 6 -0.
An Ordinance Amending Chapter 11
(Buildings and Building Regulations) of
the City Code of Ordinances, by
repealing Section 11 -58.1 and adopting
a New Section 11 -58.1 in lieu thereof
pertaining to Permit Issuance for Work
in the U.S. 20 Corridor, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 27-98
AN ORDINANCE AMENDING
CHAPTER 11 (BUILDINGS AND
BUILDING REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES, BY REPEALING
SECTION 11-58.1 AND ADOPTING A
NEW SECTION 11 -58.1 IN LIEU
THEREOF ESTABLISHING A SIX-
178 Regular Session, May 4, 1998
MONTH MORATORIUM ON THE
ISSUANCE OF PERMITS FOR WORK
IN THE U.S. 20 CORRIDOR.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 11 (Buildings
and Building Regulations) of the City of
Dubuque Code of Ordinances is
hereby amended by repealing Section
11-58.1 and adopting the following new
Section 11 -58.1 in lieu thereof:
Section 11 -58.1 Moratorium- For work
in the U.S. 20 Corridor
The building official shall not issue any
permit for any new construction or any
substantial enlargement, alteration,
repair or remodeling of any structure, ,
budding or sign in the U.S. 20 corridor
(Dodge Street), but not including
demolition, as shown on the maps on
file at the Office of the City Clerk, 50
W. 13th Street, Dubuque, Iowa, during
the period from May 6, 1998 to
November 2, 1998, except where a
vested right to the issuance of such
permit accrued prior to May 6, 1998.
Section 2. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of May,
1998.
it 5/6
Karen M. Chesterman,
Deputy City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Motion carried 6 -0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 6 -0.
City Manager recommending
adoption of an Ordinance providing for
the prohibition and abatement of
Nuisances, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 6 -0.
Dean Rampson spoke objecting to
barking dogs.
An Ordinance Amending the City
Code by adding a new Chapter 23
providing for the Prohibition and
Abatement of Nuisances, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28 -98
AN ORDINANCE AMENDING THE
CITY CODE BY ADDING A NEW
CHAPTER 23 PROVIDING FOR THE
PROHIBITION AND ABATEMENT OF
NUISANCES.
NOT THEREFORE, ; BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. The following Chapter 23
is hereby adopted.
Chapter 23
Article IV
NUISANCES
SECTION:
23-40: Purpose
23-41: Definitions
23-42: Public Nuisance Defined;
Public Nuisances Enumerated
23-43: Public Nuisances Prohibited;
Authority to Abate
23-44: Abatement Remedies;
Penalties
23 -45: Emergency Abatement
Procedure
Sec.23 -40: PURPOSE: The purpose of
this Article is to protect the health,
safety, and general welfare of the
community. These provisions are
intended to aid in the control and
elimination of activity which interferes
with an owners reasonable use and
enjoyment of the owner's property or
interferes with public rights such as
free passage along streams and
highways and enjoyment of public
parks and places of recreation and to
be secure from fire, safety hazards and
other health hazards throughout the
community.
Sec.23 -41: DEFINITIONS: As used in
this Article, the following definitions
shall apply:
ABANDONED BUILDING: Any building
or portion thereof which has stood with
an incomplete exterior shell for longer
than one year, or any building or
portion thereof which is unoccupied
and which meets one or more of the
following criteria:
(a) Is unsecured; or
(b) Is in violation of the City of Dubuque
Housing Code, Building Code, or Fire
Code.
CITY MANAGER: Includes the City
Manager's designee.
YARD WASTE: The accumulation of
grass, leaves, tree trimmings under 3
inches in diameter, brush and garden
residue which accumulation is
screened from the street view, is
located in a confined area, is no taller
than four feet (4) high and no larger
than seventy five (75) square feet in
area, is located more than twenty feet
(20') from any habitable structure on
adjoining property, at least three feet
(3') from a property boundary line, is
located more than five feet (5') from
any wood structure, excluding fences
and compost containers, is not located
in a natural drainage way, is not
located in the area between any
building and the street right -of -way, is
collected for reuse as a soil
amendment, and is maintained free of
noxious odors.
COMPOST PILE: A collection of yard
waste and kitchen food wastes, but
specifically excluding bones, meat, fat,
grease, oil, raw dog or cat manure,
which collection in non - manufactured
composting units is screened from the
street view, is located in a confined
area, is no taller than five (5) feet high
and no larger than seventy five (75)
square feet in area, is located more
than twenty feet (20') from any
habitable structure on adjoining
property and at least three feet (3')
from a property boundary line, is
located more than five feet (5') from
any wood structure, excluding fences
and compost containers, is not located
in a natural drainageway and is not
located in the area between any
building and the street right of way and
is collected for reuse as a soil
amendment and is maintained free of
noxious odors.
DANGEROUS BUILDING OR
STRUCTURE: Any building or structure
defined in this Code as unsafe or
dangerous.
HAZARDOUS WASTE: Those wastes
defined in chapter 4558, Code of Iowa,
as amended, and the Iowa
Administrative Code, as amended.
JUNK OR SALVAGE MATERIAL: Any
discarded or salvaged building material
or fixture; any obsolete or inoperable
machinery and /or equipment or parts
thereof any wood, metal, plastic or
composite pieces remaining outside of
a legal structure for more than 48
hours.
NOXIOUS SUBSTANCES:
Substances, solid or fluid, which are
offensive, detrimental to health, hurtful
or dangerous, including but not be
limited to, any dead animal or portion
thereof, and human or animal
excrement
OWNER: The record owner of real
property, and any person having a
property interest in the property,
Regular Session. Mav 4.1998 179
including legal or equitable interests.
PROPERTY: Includes both real and
personal property.
REFUSE: Any waste that is putrescible,
nonputrescible, combustible or
noncombustible, including but not
limited to paper, garbage, material
resulting from the handling, processing,
storage, preparation, serving and
consumption of food, vegetable or
animal matter, offal, rubbish, ashes,
incinerator residue, street cleanings,
construction debris and solid industrial
waste.
RESPONSIBLE PARTY: Any person
having ownership, possession, or
control of real or personal property,
including but not limited to any one or
more of the following:
(a) An agent;
(b) An assignee or collector of rents;
(c) A contract seller or contract
purchaser,
(d) The holder of a deed to the
property;
(e) A mortgagee or vendee in
possession;
(f) A receiver, executor, administrator
or trustee;
(g) lessee and lessor; or
(h) Any other person, firm, partnership,
corporation or entity exercising control
over the property.
Sec.23 -42: PUBLIC NUISANCE
DEFINED; PUBLIC NUISANCES
ENUMERATED:
Whatever is injurious to the public
health or safety or an obstruction to the
free use of property so as to interfere
with the comfortable enjoyment of life
or property by the public shall be
deemed a public nuisance. A public
nuisance shall include, but not be
limited to, the following:
HEALTH
(a) Accumulation of Solid Waste and
Noxious Substances: Any yard waste,
refuse, solid waste, vehicle parts,
garbage, noxious substances or
hazardous wastes, junk, unused
building materials, salvage material or
other offensive substances thrown, left
or deposited in or upon any street,
avenue, alley, sidewalk, park, public
square, public enclosure, public or
private lot, whether vacant or occupied,
or upon any pond or pool of water,
except for.
(1) Solid waste deposited and stored in
accordance with provisions of this
Code;
(2) A compost pile located or
maintained in compliance with this
Chapter,
(3) Yard waste located or maintained in
180 Regular Session, May 4, 1998
compliance with this Chapter,
(4) Junk or salvage materials properly
stored in a junk or salvage yard
permitted under this Code;
(5) The use of agricultural manure on
crop producing agricultural land or
pasture or
(6) The safe accumulation of animal
waste by commercial livestock
processing facilities.
Health
(b) Diseased or Damaged Trees or
Plant Materials: Any dead, diseased or
damaged tree or plant material which
may harbor serious insect or disease
pests or disease injurious to other trees
or plant materials, or any tree in such a
state of deterioration that any part of
such tree is likely to fall and damage
property or cause injury to persons.
Engineering
(c) Ditch, Drain or Storm Water
Detention Basins: Any storm water
detention basin not properly maintained
as determined by the City Engineer.
Health
(d) Stagnant Water: Stagnant water
standing on any property, including any
container or material kept in such a
condition that water can accumulate
and stagnate.
Health
(e) Vermin and Pests:
(1) Conditions which are conducive to
the harborage or breeding of vermin; or
(2) Infestations of vermin, such as rats,
mice, skunks, snakes, bats, starlings,
pigeons, bees (except tended honey
bees), wasps, cockroaches or flies.
Health
(f) Private Sewer Facilities:
(1) Facilities for the storage or
processing of sewage, such as privies,
outhouses, port-a- potties, vaults,
sewers, private drains, septic tanks,
cesspools, drain fields or similar
facilities, which have failed or do not
function properly or which are
overflowing, leaking or emanating
odors.
(2) Septic tanks, cisterns and
cesspools which are abandoned or no
longer in use unless properly emptied
and filled with clean fill.
(3) Any vault, cesspool or septic tank
which does not comply with applicable
health regulations.
Housing/
(g) Unoccupied, Dangerous Buildings:
Building
(1) Unoccupied buildings or
unoccupied portions of buildings which
are unsecured;
(2) Abandoned buildings; or
(3) Dangerous buildings or structures.
(h) Hazardous Conditions:
(1) Generally: Any hazardous thing or
condition on property which may
contribute to the injury of any person
present on the property, including but
not limited to open holes, open
foundations, excavations, open wells,
dangerous trees or tree limbs,
abandoned refrigerators and trapping
devices
(2) Fire Hazard Any thing or condition
on property creating a fire hazard, as
determined by the Fire Marshal.
(3) Health Hazard Any thing or
condition on property creating an
imminent threat to human health or in
violation of any health or sanitation law.
Engineering (I)Obstructing Public
Ways and Property:
(1) The obstructing or encumbering by
fences, buildings, structures, signs or
otherwise of public streets, alleys,
sidewalks and commons, except as
permitted by agreement, easement, or
this Code.
Police (2)
Any gathering of persons or vehicles
upon a public street or sidewalk or any
use of property abutting a public street
or sidewalk which obstructs pedestrian
or vehicular traffic or other lawful use of
streets or sidewalks, except as
permitted by this Code.
Engineering /Building
(j) Depositing Mud, Dirt and Debris on
Public Ways: The depositing or
allowing the depositing of mud, dirt,
gravel or other debris on public ways.
Health/Housing
(k) Unsanitary Accumulations: Failing
to keep a building, dwelling, structure,
or business and part thereof dean and
free of any unsanitary accumulations of
dirt, filth, rubbish, garbage, including
the yards, courts, passages, areas, or
alleys connected with or belonging to
the same.
Health
(1) Unwholesome Food or Drink:
Whatever renders food, or drink
unwholesome or detrimental as
determined by the Health Officer.
Health
(m) Communicable Disease: The
exposure of any person to any
communicable disease by unlawful act
or practice.
Health
(n) Animals: Harboring or maintaining
such number of dogs or cats or other
animals, or combination thereof, as to
create unhealthy or unsanitary
conditions for the humans or animals
occupying the premises.
Sec.23 -43: PUBLIC NUISANCES
PROHIBITED; AUTHORITY TO
ABATE:
(a) The creation, maintenance, or
continuation of a public nuisance is
hereby declared unlawful and is
prohibited.
(b) The City Manager is authorized to
abate or cause to be abated public
nuisances in any manner authorized by
law, including but not limited to Chapter
1, Art. 0 of this Code.
Sec.23 -44: ABATEMENT REMEDIES;
PENALTIES:
(a) Abatement includes, but is not
limited to, repair, removal, cleaning,
exterminating, cutting, mowing,
grading, sewer repairs, draining,
securing, repairing a building or
structure, boarding unoccupied
buildings, barricading or . fencing,
removing dangerous portions of
buildings or structures and demolition
of dangerous structures or abandoned
buildings.
(b) The costs of abatement may be
assessed against the property as
provided by law. Abatement costs are
all of the cost of removing or
eliminating the public nuisance,
including the cost of investigation,
including title searches, inspection and
testing, the cost of notification, court
costs and administrative costs.
Sec.23 -45: EMERGENCY
ABATEMENT PROCEDURE: When the
City Manager determines that a public
nuisance exists and that such public
nuisance constitutes an imminent and
compelling danger to the health, safety
or welfare of persons or property, the
City Manager is authorized to abate or
cause to be abated the public nuisance
without prior notice to the owner. The
costs of such action may be assessed
against the property after notice to the
property owner and hearing.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998.
It 5/8
Karen M. Chesterman,
Deputy City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Robbins. Motion carried 6 -0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Regular Session, Mai/ 4,
1998 181
Robbins. Motion carried 6-0.
City Manager recommending
establishment of Speed Limits and
parking restrictions on the newly
relocated Airport Road from U.S. 61 to
where it enters the FBO/terminal area,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 6-0.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque,
Iowa by revising Subsection (C) of
Section 32 -231 thereof providing for
the Establishment of Speed limits on
Airport Road, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 29-98
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
REVISING SUBSECTION (C) OF
SECTION 32 -231 THEREOF
PROVIDING FOR THE
ESTABLISHMENT OF SPEED LIMITS
ON AIRPORT ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding the
following to Subsection (c) in Section
32 -231 thereof as follows:
"Sec 37 -791. I imits Generally."
(c)
TWENTY -FIVE (25) MILES PER
HOUR
Airport Road, from a point twenty -
three hundred (2,300) feet west of
U.S. Highway 61 to its westerly
terminus.
THIRTY -FIVE (35) MILES PER
HOUR
Airport Road, from U.S. Highway 61
to a point twenty -three hundred
(2,300) feet west of U.S. Highway
61.
Passed , approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998.
it 5/8
Karen M. Chesterman,
Deputy City Clerk
Voetberg moved that the require-
182 Regular Session, May 4, 1998
ment that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Buol. Motion carded 6 -0. Voetberg
moved final consideration and passage
of the Ordinance. Seconded by Buol.
Motion carried 6 -0.
An Ordinance Amending Section 32-
262(D) of the Code of Ordinances of
the City of Dubuque, Iowa prohibiting
Parking on Designated Streets or
Portions thereof and Adding Airport
Road, presented and read.
(OFFICIAL PUBUCATION)
ORDINANCE NO. 30-98
AN ORDINANCE AMENDING
SECTION 32- 262(0) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA PROHIBITING
PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
ADDING AIRPORT ROAD
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding to
Subsection (d) of Section 32 -262 the
following:
Airport Road, from U.S. Highway 61 to
its westerly terminus.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998,
it 5/8 Karen M. Chesterman,
Deputy City Clerk
Voetberg moved that the
requirement that the proposed
Ordinances be considered and voted
on for passage at two Council Meetings
prior to the meeting at which they are
to be finally passed be suspended.
Seconded by Buol. Motion carried 6 -0.
Voetberg moved final consideration
and passage of the Ordinances.
Seconded by Buol. Motion carried 6 -0.
City Manager recommending
adoption of a Resolution Authorizing
the Award of Community Partnership
Program (cp2) Funds for Fiscal Year
1999, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 6 -0.
RESOLUTION NO. 188 -98
RESOLUTION AUTHORIZING THE
AWARD OF COMMUNITY
PARTNERSHIP PROGRAM (cp2)
FUNDS FOR FISCAL YEAR 1999.
Whereas, under the provisions of
Title I of the Housing and Community
Development Act of 1974, as
amended, the City of Dubuque has
received Community Development
Block Grant (CDBG) funds for the
development and maintenance of a
viable urban community through the
provision of decent housing, a suitable
living environment and expanded
economic opportunities for its
residents, particularly those persons of
low and moderate income; and
Whereas, the Community
Partnership Program (cp2) was
developed in the City of Dubuque in
response to the national goals and
objectives of the CDBG program; and
Whereas, guidelines for the
implementation of the Community
Partnership Program (cp2) were
approved by the City Council by
Resolution No. 259 -92 on July 20,
1992 and amended by Resolution 18- ,
96 on .January 15, 1996, Resolution 64-
97 on February 3, 1997 and Resolution
43 -98 on February 2, 1998.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
hereby awards Community Partnership
Program (cp2) monies to the following
organizations The award shall consist
of a grant to the organization for the
identified project and shall be for the
amount noted below.
Hillcrest Family Services
Enhanced Treatment Foster Care
$25,650
Dub. County Historical Society
Wm, Black Handicap Accessibility
$33 950
TOTAL $59,600
Section 2. That the City Manager be
and he is hereby authorized to develop
and execute contracts with
representatives from the
aforementioned organizations in
accordance with the program
guidelines established for the
Community Partnership Program and
with the regulations of the Community
Development Block Grant Program.
Section 3. That upon execution of
said contracts, the City Manager is
hereby authorized and directed to
disburse program funds in support of
the approved projects and in
accordance with the terms and
conditions established in said
contracts.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution as amended to include only
funds for Hillcrest Services and
Dubuque County Historical Society and
remand rest of the applications back to
the Community Development Comm.
Seconded by Nicholson. Carried by
the following vote: Yeas — Duggan,
Buol, Nicholson, Robbins, Voetberg.
Nays — Markham. Absent — Michalski.
City Manager recommending
adoption of an Ordinance which
prohibits vehicular noise, presented
and read Buol moved that the
communication be received and fled.
Seconded by Nicholson. Motion
carried 6 -0.
An Ordinance Amending the Ch. 32
Motor Vehicles and Traffic of the Code
of Ordinances of the City of Dubuque,
Iowa, by enacting a new Section 32-62
Vehicular Noise, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 31-98
AN ORDINANCE AMENDING
CHAPTER 32, MOTOR VEHICLES
AND TRAFFIC, OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY ENACTING A
NEW SECTION 32-62 VEHICULAR
NOISE.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa, be amended by enacting the
following new Section 32-62:
Sec. 32 -62. Vehicular Noise.
(a) It shall be unlawful for any
person to make, continue or cause any
disturbing, excessive or offensive noise
which results in discomfort or
annoyance to any reasonable person
of normal sensitivity by means of any
radio, compact disk player, stereo,
speakers, cassette tape player or
similar sound device in a motor vehicle.
(b) The operation of any radio,
compact disk player, stereo, speakers,
cassette tape player or similar sound
devise in such a manner so as to be
Reqular Session :Mail 4,1998 183
audible at a distance of 200 feet from
the motor vehicle shall constitute
evidence of a prima facie violation of
this Section.
(c) The scheduled fine for a violation
of this Section shall be twenty -five
dollars ($25.00).
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved, and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998.
It 5/8 Karen M. Chesterman,
Deputy City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Motion carried 6 -0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 6-0.
City Manager recommending
adoption of an Ordinance which would
change the definitions of trucks
prohibited from driving off the truck
routes, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Markham. Motion carried 6 -0.
An Ordinance Amending Ch. 32,
Motor Vehicles and Traffic, of the City
Code of Ordinances, by deleting
Section 32 -163, Motor Truck Routes,
and Adopting a New Section 32 -163
Entitled "Motor Truck Routes" in Lieu
Thereof, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 32-98
AN ORDINANCE AMENDING
CHAPTER 32, MOTOR VEHICLES
AND TRAFFIC, OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY DELETING
SECTION 32 -163, MOTOR TRUCK
ROUTES, AND ADOPTING A NEW
SECTION 32 -163 ENTITLED "MOTOR
TRUCK ROUTES" IN LIEU THEREOF.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Chapter 32 of the
Code of Ordinances of the City of
Dubuque, Iowa, be amended by
184 Regular Session, May 4, 1998
deleting Section 32 -163, "Motor Truck
Routes," and adopting in lieu thereof
the following new Section 32 -163:
Sec. 32 -163. Motor Truck Routes
(a) Motor trucks registered for a gross
weight limit exceeding ten thousand
(10,000) pounds (five (5) tons) shall
travel over marked highways when
operating in the city and shall not
depart from such marked highways
except that any motor truck whose
destination is in the city may depart
from such highway at that point on the
highway nearest to its destination and
then proceed directly to such
destination.
(b) Motor trucks whose trips originate
within the city shall travel by the most
direct route to that point on a marked
highway nearest to such point of origin.
(c) Motor trucks entering the city on an
unmarked highway shall proceed to the
nearest marked highway by the most
direct route and then proceed to their
destination, except when the
destination lies between the point of
entry into the city and the marked
highway.
(d) The City Manager is authorized to
designate and establish by appropriate
signs alternate motor truck routes and
to post signs limiting motor trucks
registered with a gross weight limit
exceeding ten thousand pounds (five
(5) tons) from operating on non -
highway streets.
(e) The provisions of this section
governing the travel of motor trucks on
residential streets shall not .apply to
public or private carriers of passengers
on tour, fixed demand response or Bial-
a -ride routes or school or church
buses.
Section 2. The scheduled tine for a
violation of this Section shall be fifty
dollars ($50.00).
Section 3. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998.
it 5/8
Karen M. Chesterman,
Deputy City Clerk
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
Markham. Motion carried 6 -0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Markham. Motion carried
6 -0.
City Manager recommending
adoption of Ordinance amending Ch.
26, Housing Regulations, of the City
Code, presented and read. Markham
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 640.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque,
Iowa, Ch. 26, Housing Regulations, by
Amending Sec 26 -1(c) re: Scope and
Application by adopting a new
Paragraph re: Scope and Application;
Repealing Sec. 26- 10.(n)(3)I. re:
Smoke Detectors in Class B Units and
adopting in lieu thereof a new Sec. 26-
10(n)(3)1. re: Smoke Detectors in
Rooming Units, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 33-98
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 26,
HOUSING REGULATIONS, .BY:
AMENDING SEC 26 -1(c) RELATING
TO SCOPE AND APPLICATION BY
ADOPTING A NEW PARAGRAPH
RELATING TO SCOPE AND
APPLICATION; REPEALING SEC 26-
10.(n)(3)l. RELATING TO SMOKE
DETECTORS IN CLASS B UNITS
AND ADOPTING IN LIEU THEREOF A
NEW SEC 26- 10.(n)(3)1. RELATING
TO SMOKE DETECTORS IN
ROOMING UNITS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 26 -1(c) of the City
of Dubuque Code of Ordinances is
hereby amended by adopting the
following new paragraph:
Scope and application. The
provisions of this code shall apply to all
real or personal property or portions
thereof designated, used, or intended
to be used, for human habitation. Real
or personal property in existence at the
time of passage of this code may have
its construction, design, arrangement,
use, and occupancy continued if such
was constructed in accordance with the
code applicable to the city at that time
provided they are not presently likely to
endanger the life, limb, health, or safety
of the occupants or owners, or the
public in general.
Section 2. Section 26- 10(n)(3)1. of
the City of Dubuque Code of
Ordinances is hereby
repealed, and the following new
Section 26- 10(n)(3)I. Is hereby adopted
in lieu thereof:
I. In efficiency units and in rooming
units, smoke detectors shall be located
inside the unit.
Section 3. This ordinance shall take
effect immediately upon publication.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest. Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of May,
1998.
it 5/8
Karen M. Chesterman,
Deputy City Clerk
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
Robbins. Motion carried 6 -0. Markham
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carried 6-0.
Proof of publication certified to by
the Publisher on Notice to Bidders on
Receipt of Bids for the 1998 P.C.
Concrete Paving Project - Creston St.,
Glenwood Ct, & Marquette PI., and
City Manager recommending to award
contract for project, presented and
read. Robbins moved that the proof
and communication be received and
filed. Seconded by Nicholson. Motion
carried 6 -0.
RESOLUTION NO. 189 -98
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
1998 P.C. Concrete Paving Project
(Fiscal Year 1999) pursuant to
Resolution No. 144 -98 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 18th day of April, 1998.
Whereas, said sealed proposals
were opened and read on the 23rd day
of April, 1998 and it has been
determined that the bid of
Northwestern Development, Inc. of
Dubuque, Iowa in the amount of
$551,292.10 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
Regular Session..Mav 4, 1998 185
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the contract for the above
improvement be awarded to
Northwestern Development, Inc. and
the Manager be and is hereby directed
to execute a contract on behalf of the
City of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest. Karen M. Chesterman,
Deputy City Clerk
Robbins moved to adopt the
resolution. Seconded by Nicholson.
Motion carried 6 -0.
City Manager recommending
adoption of a Resolution Adopting the
1999 Annual Action Plan for the Use of
Program Year 24 Community
Development Block Grant Funds,
presented and read. Voetherg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 6-0.
RESOLUTION NO. 190 -98
A RESOLUTION ADOPTING THE
1999 ANNUAL ACTION PLAN FOR
THE USE OF PROGRAM YEAR 24
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
Whereas, the U. S. Department of
Housing and Urban Development
requires each entitlement city to submit
an Annual Action Plan, including the
proposed use of its Community
Development Block Grant funds, at
least 45 days prior to its program year;
and
Whereas, the City of Dubuque, has,
through a series of public meetings and
hearings, finalized an Annual Action
Plan addressing both housing and non -
housing needs in the community.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the 1999 Annual
Action Plan for the use of Program
Year 24 Community Development
Block Grant funds attached hereto and
by this reference made a part hereof is
hereby adopted by the City Council.
Section 2. That the City Council
authorizes the Mayor to sign the
186 Regular Session, May 4,1998
document along with all certifications
on behalf of the City Council.
Section 3. That the City Council
directs staff to forward the adopted
Plan to the Regional Office of the U. S.
Department of Housing and Urban
Development by the May 15, 1998
submission deadline.
Passed, approved and adopted this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6 -0.
City Manager submitting bidding
documents for HVAC improvements at
Keyline Transit Facility, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 6 -0.
RESOLUTION NO. 191 -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 HVAC
Improvements to the Office Area of
Keyline Transit Facility, in the
estimated amount of $39,500.00, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6 -0.
RESOLUTION NO. 192 -98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the HVAC Improvements
to the Office Area of Keyline Transit
Facility.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 1st day of June, 1998, a
public hearing will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6 -0.
RESOLUTION NO. 193 -98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the I-IVAC Improvements to the
Office Area of Keyline Transit Facility is
hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on the 21st day of
May, 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 1st day of
June, 1998.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6 -0.
City Manager submitting bidding
documents for Dubuque Industrial
Center West Grading Project,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carried 6 -0.
RESOLUTION NO. 194 -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 Dubuque
Industrial Center West Grading Plans
and Chavenelle Drive Construction -
Phase I, in the estimated amount of
$6,496,096.64, are hereby approved
and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6 -0.
RESOLUTION NO. 195-98
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Dubuque Industrial
Center West Grading Plans and
Chavenelle Drive Construction -
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That on the 26th day of May, 1998, a
public hearing will be held at 4:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
Regular Session. May 4, 1988 187
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Buol moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6-0.
RESOLUTION NO. 196-98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Dubuque Industrial Center
West Grading Plans and Chavenelle
Drive Construction - Phase I is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provided, to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.m. on the
19th day of May, 1998 Bids shall be
opened and read by the City Clerk at
said time and will be submitted to the
Counal for final action at 4:00 p.m. on
the 26th day of May, 1998.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Buol moved adoption of the
Resolution. 'Seconded by Markham.
Motion carried 6 -0.
City Manager submitting bidding
documents for Dubuque Industrial
Center West Sanitary Sewer Project,
presented and read. Voetherg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 6 -0.
188 Regular Session, May 4, 1998
RESOLUTION NO. 197 -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 County Farm
Sewer Interceptor Extension, in the
estimated amount of $804,974.90, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6 -0.
RESOLUTION N0.198 -98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the County Farm
Interceptor Sewer Extension.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 1st day of June, 1998, a
public hearing will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and 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 shalt be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
RESOLUTION NO. 199 -98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA
That the County Farm Interceptor
Sewer Extension is hereby ordered to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty -five days prior to the receipt of
said bids at 2:00 p.m. on the 21st day
of May, 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 1st day
of June, 1998.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest. Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 6 -0.
City Manager submitting bidding
documents for the 1998 Asphalt Paving
Project, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Markham. Motion carried 6-0. -
RESOLUTION NO. 200 -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 Asphalt
Paving Project, in the estimated
amount of $1,043,668.97, are hereby
approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6 -0.
RESOLUTION NO. 201-98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the 1998 Asphalt Paving
Project
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 1st day of June, 1998, a
public hearing will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and 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 fled for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6 -0.
RESOLUTION NO. 202-98 -
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the - 1998 Asphalt Paving
Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Regular Session. May 4, 1998 189
Dubuque, Iowa, which notice shall not
be less than four days nor more than
twenty days prior to the receipt of said
bids at 2:00 p.m. on the 21st day of
May, 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 1st day of
June, 1998.
Passed, adopted and approved this
4th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 6 -0.
At 8:31 Voetberg moved to go into
Closed Session in accordance with
Chapter 21.5 1.0) To discuss the
purchase of particular real estate
where premature disclosure could be
reasonably expected to increase the
price the governmental body would
have to pay for that property.
Seconded by Buol. Motion carried 6-0.
Council reconvened Regular
Session at 9:00 with statement that
Staff had been given proper direction
There being no further business,
Nicholson moved to adjourn.
Seconded by Markham. Motion carried
6 -0. The meeting adjourned at 9:01
p.m.
/s/ Karen M. Chesterman
Duty City Clefk
ouncil embe
Approved
Adopte
Attest
City Clerk
, 1998
1998
J��
190 Regular Session, May 18, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, May
18, 1998
Council Met at 7:00 p.m., Public
Library Auditorium
Present Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Milliigen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and
stated that this is the Regular Session
of the City Council called for the
purpose to act upon such business
which may properly come before the
Council.
Invocation was given by Pastor Greg
Bjornstad, Chaplain of Luther Manor.
Proclamation: May 22 & 23 as Poppy
Days" received by Shirley Strub with
the American Legion Auxiliary.
MINUTES SUBMITTED — Airport
Commission of 3 -16 & 3 -27; Cable
Teleprogramming Commission of 5 -6;
Enterprise Zone Commission of 4 -16;
Environmental Stewardship Advisory
Commission of 4 -7, 4 -23 & 5 -5; Human
Rights Commission of 4 -13; Investment
Oversight Advisory Commission of 4-
30; Park & Recreation Commission of
4 -14; Plumbing Board of 4 -28,
presented and read Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7 -0.
Proofs of Publication on publishing
Council Proceedings for meeting of 4-
20; List of Claims and Summary of
Revenues for month ending March, '
1998; Notice of Filing Final Schedule of
Assessment for Kelly Lane /Pego Court
Sanitary Sewer Extension, Phase II;
Combined Notice of Finding of No
Significant Impact and Notice of Intent
to Request Release of Funds for
Housing Program, Neighborhood & CD
Programs; Economic Development
Programs and Planning &
Administration, presented and read.
Voetberg moved that the proofs be
received and filed. Seconded by Buol.
Motion carried 7 -0.
NOTICE OF CLAIMS /SUITS — B &
W Properties by Vicki Bechen, in amt
of $341.77 for backed up sewer
damages; Firstar Bank Iowa vs. Dennis
J. Beidler et al including City of
Dubuque, submitting foreclosure for
property of defendant; Shawn and Mary
McCullough vs City of Dubuque et al in
unknown amount for four (4) counts;.
Stonehill Community Association in
amount of $165.00 for property
damages, 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 Communities
Assurance Pool: Storm sewer backup
of Darlene Hogan, presented and read.
Voetberg moved that the
communications be received and filed.
Seconded by Buol. Motion carried 7 -0.
Corporation Counsel recommending
denial of following claims: Vehicle
damage of Kathleen O'Connor,
property damage of Karen Regan,
presented and read. Voetberg moved
that the communications be received
and filed and denials approved.
Seconded by Buol. Motion carried 7 -0.
Corporation Counsel recommending
settlement of property damage claim of
Steve Boge in the amount of $369.21
and authorize Finance Director to make
proper payment, presented and read.
Voetberg moved that . the
communication be received and filed
and approved payment with Finance
Director to issue proper check.
Seconded by Buol. Motion carried 7 -0.
State Historical Society of Iowa
advising St. Luke's Methodist
Episcopal Church has been listed in
the National Register of Historic
Places, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by Buol.
Motion carried 7-0. -
Zoning Advisory Commission
advising of their approval of survey plat
of portion of Pinard Place in the City,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7 -0.
RESOLUTION NO. 203-98
A RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT 1, LOT 2
AND LOT A OF PINARD PLACE IN
THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with
the City Clerk a Plat of Survey of Lot 1,
Lot 2 and Lot A of Pinard Place in the
City of Dubuque, Iowa; and
Whereas, said plat has been
examined by the Zoning Advisory
Commission and has its approval
endorsed thereon; and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto, except that
sewer and water services have not
been extended to Lot 2 thereof.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Plat of Survey of
Lot 1, Lot 2 and Lot A of Pinard Place
in the City of Dubuque, Iowa is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat
and
Section 2. That the dedication of Lot
A (Brunswick Street) as appears upon
said plat, be and the same is hereby
accepted; and
Section 3. That sewer and water
services will be the responsibility of the
owner and shall extend to all
successors, heirs and assignees.
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
City Manager recommending
approval of Grant Agreement for Trail
Project, presented and read. Voetberg
moved that the communication be -
received and filed. Seconded by Buol.
Motion carried 7 -0.
RESOLUTION NO. 204-98
GRANT AGREEMENT FOR
RECREATIONAL TRAILS FUNDING
WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE
NORTHERN LEVEE PATH
Regular Session, May 18,1998 191
Whereas, the Iowa Department of
Transportation has allocated grant
funds for the development of
recreational trails and facilities for
pedestrians and bicycles, and
Whereas, the City has an adopted
Riverfront Plan which places high
priority on hike/bike tray development
along the Mississippi River and the
linkage of the existing Heritage Trail
with the Mines of Spain State
Recreational Area.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Mayor is hereby
authorized to sign the grant agreement
with the Iowa Department of
Transpodetion for Recreational Trail
Funds for the Northern Levee Path.
Section 2. That the City Council
hereby provides its written assurance
that the completed project will be
adequately maintained for its intended
use for a minimum of twenty (20) years
following project completion.
Section 4. 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
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman, Deputy
City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0. _
Attorney David Setter on behalf of
Donald J. Herbst requesting to
purchase adjoining City owned property
on East 14th Street, presented and
read. Voetberg moved that this matter
be referred to the , City Manager.
Seconded by Buol. Motion carried 7 -0.
Frommeft Hasler, Inc. by Andrew
Frommeft, President and Secretary
requesting to voluntarily annex their
property which lies east of U.S.
Highway No. 52 and is adjacent to and
north of the City of Dubuque city limits
and consisting of approx. 102 acres, _
presented and read. Voetberg moved
that this matter be referred to the City
Manager. Seconded by Buol. Motion
carried 7 -0.
Lisa Berry submitting petition
containing 22 signatures requesting
Residential Parking Permit District
designation for 12th Street (1200 block
side) from White to Washington and
the 1200 block of Jackson St,
192 Regular Session, May 18, 1998
presented and read. Michalski moved
that this matter be referred to the City
Manager. Seconded by Buol. Motion
carried 7 -0.
Council Member Michalski asked
that this problem of downtown workers
parking in fringe areas negating nearby
parking by residents be examined
further.
City Manager recommending
approval of Bonnie Court Plat,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7 -0.
RESOLUTION NO. 205 -98
RESOLUTION APPROVING PLAT OF
LOT G1 (BONNIE COURT) OF
FREMONT HEIGHTS IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated April 29,
1998, prepared by Buesing and
Associates, describing Lot G1 (Bonnie
Court) of Fremont Heights in the City of
Dubuque, Iowa; and
Whereas, said plat conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated April
29, 1998, prepared by Buesing and
Associates, relative to the real estate
hereinabove described be and the
same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat and on behalf of the
City of Dubuque, Iowa.
Section 2. That the City Clerk be
and is hereby authorized and directed
to file said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
City Manager recommending to
apply with HUD for Lead Based Paint
Hazard Control Grant, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7 -0.
RESOLUTION NO. 206 -98
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN
APPLICATION FOR A LEAD -BASED
PAINT HAZARD CONTROL GRANT
Whereas, the City of Dubuque has
operated a local childhood lead
poisoning prevention program since
1994; and
Whereas, the City received round 4
lead hazard removal funding, in the
amount of 3.69 million; and
Whereas, the U.S. Department of
Housing and Urban Development has
made available additional funds for
lead -based paint hazard control and
lead hazard awareness public
education and outreach to local
communities; and
Whereas, the City of Dubuque
proposes to establish a youth corps
and primary lead -based paint poisoning
prevention program in Census Tract 5
in the City of Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized and directed to execute an
application to the U.S. Department of
Housing and Urban Development for
participation in a lead -based paint
hazard control grant -
Section 2. That the City manager is
hereby authorized and directed to
forward said application and resulting
standard executed contract to the
respective agencies in a timely fashion
and as required by the U.S.
Department of Housing and Urban
Development.
Passed, approved and adopted this
18 day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0. -
City Manager recommending
approval of request from Moto Ready
Mix Concrete to use City Water for
plant located outside City limits near
WalMart, presented and read.
Voetberg moved that the
communication be received and filed
and approved recommendation.
Seconded by Buol. Motion carried 7 -0.
City Manager recommending
acceptance of an amended agreement
with McLeodUSA, presented and read.
Voetberg moved that the
communication be received and filed
and request approved. Seconded by
Buol. Motion carried 7 -0.
City Manager recommending
approval of contract with IIW,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7 -0.
RESOLUTION NO. 207-98
RESOLUTION APPROVING A
CONTRACT FOR DESIGN AND
ENGINEERING SERVICES WITH OW
ENGINEERS AND SURVEYORS, P.C.
FOR KERPER BOULEVARD
INDUSTRIAL PARK
Whereas, the City of Dubuque, Iowa
has identified a critical need to develop
industrial land within the community to
provide opportunities for economic
development and job creation; and
Whereas, the City Council finds that
development of property along Kerper
Boulevard for industrial lots will provide
for a portion of the industrial sites
needed by the community; and
Whereas, the City Council has
determined that the City should retain
IIW Engineers and Surveyors, P.C. to
provide design and engineering
services for the development of the
Kerper Boulevard Industrial Park.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Agreement for
Engineering Services between the City
of Dubuque, Iowa and IIW Engineers
and Surveyors, P.C. for Improvements
on Kerper Boulevard Industrial Park as
attached hereto is hereby approved.
Section 2. That the Mayor and City
Clerk are hereby authorized and
directed to execute said Agreement on
behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
City Manager recommending
acceptance of Water Pollution Control
Plant's Phase III, Contract 1 -95
Improvements, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7 -0.
jteaular Session. Mav 18.1998 193
RESOLUTION NO. 208 -98
ACCEPTING IMPROVEMENT
Whereas, the contract for the Water
Pollution Control Plant Phase III,
Contract 1 -95 Improvements has been
completed and the City's consultant,
Strand and Associates, Inc. of
Madison, Wisconsin has recommended
acceptance of the project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CRY OF DUBUQUE, IOWA
Section 1. That the recommendation
of the City Manager be approved and
that said improvement be accepted.
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
RESOLUTION NO. 209-98
FINAL ESTIMATE
Whereas, the contract for the Water
Pollution Control Plant Phase III,
Contract 1 -95 Improvements has been
completed and the City has submitted
the tinal 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 $944,822.77.
Section 2. That the final payment of
$51,700.02 be paid to Porten
Construction in accordance with State
statutes from funds in the Water
Pollution Control Department FY 98
CIP budget - -
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk _
Voetberg moved adoption . of the
Resolution. Seconded by Buol. Motion
carried 7 -0_ ,_
RESOLUTION NO. 210-98
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and _
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
194 Regular Session, May 18, 1998
RESOLVED BY THE C!TY COUNCIL
OF
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS °BE" BEER PERMIT
(Sunday Sale) 250 VV 1st St
Timothy J. Quagilano Liquor Depot
Robert F. Beecher Beecher Co. Inc
+(Sunday Sale) 1691 Asbury Rd
CLASS "C" BEER PERMIT
+(Sunday Sale) 51 W 32nd St
CLASS "B" BEER PERMIT
( 1 DAY SPECIAL EVENT)
Dubuque Jaycees Dubuque Jaycees
+(Outdoor Sale) A .B ,Cown Clock Inn
Passed, approved and adopted this
18th day May, 1998.
Terrance M. Duggan, Mayor
Attest: Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 211-98 .
Whereas, plicatiofor Liquor
Licenses have been submitted to this
Council for approval and the
same
have been exarnined and
and
Whereas,the
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS A (CLUB) LIQUOR LICENSE
Dubuque Golf & County Club Dubuque
Golf & Country Club+ 1800 Randall Pl.
(Sunday & Outdoor Sale)
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Beverly A. Larsen Denny's Lux Club
+(Sunday Sale) 3050 Asbury Rd
M.M.&H Silver Dollar Cantina
+(Sunday Sale) 342 Main St
D.B.Q. Inc Shot Tower Inn
+(Sunday Sale) 380 Locust St
1087Jackson It
Pat Broessel Corner Tap
+(Sunday Sale) 2033Washington
Passed, approved and adopted mis
181hday u[May, 19e8.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoI. Motion
carried 7-0.
Michalski rnoved to suspend the
rules to allow anyone ek to
address the Council if they so desire.
Seconded by Robbins. Motion carried
Proof
the Publisher on Notice of Public
Hearing to consider adoption of an
Urban Renewal Plan for the Swiss
Valley Economic Development Dishier,
Long Range Planning Advisory
Commission advising of their review of
Urban Renewal Plan for Swiss Valley
Farms Economic Development District
and recommend approval;
Superintendent of Schools submitting
support of Plan; Swiss Valley Farms
requesting approval to designate an
Urban Renewal District between Ruby
and Aquin Avenues, Central to Jackson
Streets to allow the use of tax
increment financing and further
requesting amendment to approve
encroachment of Jackson Street right-
of-way to vacate 10 feet by 40 feet of
the Jackson Street right-of-way and
City Manager recommending approval
of Urban Renewal Plan, presented
and read. Buol moved that the proofs
and communications be received and
filed. Seconded by Markham. Motion
carried 7-0.
Rhodes
Ridge Ct., spoke of the history of aid
given to Swiss Valley.
RESOLUTION NO. 212-98
A RESOLUTION APPROVING THE
URBAN RENEWAL PLAN FOR THE
SWISS VALLEY ECONOMIC
DEVELOPMENT DISTRICT.
Whereas, on March 16, 1998, the
City Council of the City of Dubuque,
Iowa authorized the preparation of an
Urban Renewal Plan (the "Plan") for
the Swiss Valley Economic
Development District (the "District");
and
Whereas, the City of Dubuque's
primary objective in establishing this
Plan is to provide assistance to an
existing industry, Swiss Valley Farms
Company, for the purpose of job -
creating economic development
activities; and
Whereas, the Long Range Planning
Regular Session,May 1$;1999
195
Commission has reviewed the
proposed Plan and has found that said
document is consistent with the
Comprehensive Plan for the
development of the City of Dubuque as
a whole and has transmitted its findings
to the City Council; and
Whereas, a consultation process
has been undertaken with affected
taxing entities in accordance with
Chapter 403 of the Code of Iowa with
no written objections or recommended
changes to the Plan received; and
Whereas, the City Council, in
accordance with Chapter 403 of the
Code of Iowa, has held a public
hearing on the proposed Plan after
public notice thereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
Section 1. That the Urban Renewal
Plan for the Swiss Valley Economic
Development District attached hereto
and made reference to herein, be
approved..
Section 2. That the City Clerk of the
City of Dubuque, Iowa is hereby
authorized and directed to file a
certified copy of this Resolution in the
Office of the Dubuque County
Recorder.
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. for 1998 Historical
District Retaining Wall Railing Project
and Proof of publication certified to by
the Publisher on Notice to Bidders on
the Receipt of Bids for project, City
Manager recommending to hold public
hearing on project, rescind resolution
for plans & specs. and rebid at a later
date, presented and read. Voetberg
moved - that the proof and
communication be received and filed.
Seconded by Markham. Motion carried
RESOLUTION NO. 213-98
RESOLUTION RESCINDING
RESOLUTION NO 172-98,
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS FOR
THE 1998 HISTORIC DISTRICT
RETAINING WALL RAILING
PROJECT - - -
Whereas, an advertisement for bids
for the 1998 Historic District Retaining
Wall Railing Project was published on
the 24th day of April, 1998; and
Whereas, no bids were submitted by
contractors for said project and
Whereas, the City Council deems it
advisable to abandon the project at this
time and to rebid the project at a later
date.
NOW, THEREFORE, BE IT .
RESOLVED BY THE CITY COUNCIL •
OF THE CITY OF DUBUQUE, IOWA
Section 1. That Resolution No. 172-
98, Preliminary Approval of Plans and
Specifications for the 1998 Historic
District Retaining Wall Railing Project
be rescinded and that said project be
rebid at a later date.
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
City Manager .requesting
authorization to execute Agreement
with National Prescription
Administrators for administration of the
Prescription Drug Benefit Program for
the City of Dubuque, presented and
read. Bud moved that the
communication be received and filed
and request approved, authorizing
execution of Agreement Seconded by
Robbins. Motion carried 7-0.
City Manager submitting Ordinance
providing for modifications of Jones
Street and South Main Intersection,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carried 7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 34-98
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF
PROVIDING FORA CHANGE OF THE
STOP SIGN AT THE INTERSECTION
OF JONES STREET CONNECTOR
AND MAIN STREET
NOW, THEREFORE, BE rr
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
196 Regular Session, May 18, 1998
Iowa be amended by deleting Jones
Street Connector from Subsection (b)
of Section 32 -214 thereof as follows:
"Sec 32 - 214 Stnn Intersections
(b)
WESTBOUND
Jones Street Connector and Main
Street
Section 2. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding Main
Street to Subsection (b) of Section 32-
214 thereof as follows:
"Sec 32 - 214 Stnp Intersentinn�
(b)
SOUTHBOUND
Main Street and Jones Street
Connector.
Passed, approved and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
May, 1998.
1t 522
Karen M. Chesterman,
Deputy City Clerk
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Motion carried 7 -0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion carried
7 -0.
City Manager submitting Ordinance
providing for improper use of
nonmotorized vehicles for certain
areas, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7 -0.
An Ordinance Amending Code of
Ordinances providing for fine for'
improper use of nonmotorized
vehicles, conveyances and equipment
in Town Clock Plaza presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 35-98
AN ORDINANCE AMENDING
CHAPTER 32, MOTOR VEHICLES
AND TRAFFIC, OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, SUBSECTION 32-
250, USE OF CERTAIN
NONMOTORIZED VEHICLES,
CONVEYANCES AND EQUIPMENT
ON TOWN CLOCK PLAZA AND IN
CERTAIN OTHER PLACES IN THE
CITY, BY ADOPTING A NEW
PARAGRAPH (d) PROVIDING FOR A
SCHEDULED FINE FOR VIOLATIONS
THEREOF.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Chapter 32 of the
Code of Ordinances of the City of
Dubuque, Iowa, Subsection 32 -250, be
amended by adopting the following new
paragraph:
(d) The scheduled fine for a
violation of this Section shall be twenty -
five dollars ($25.00).
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved, and adopted this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman, _ -
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of
May, 1998.
It 522 Karen M. Chesterman,
Deputy City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Markham. Motion carried 7 -0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Markham. Motion carried 7 -0.
City Manager recommending
changes in area _ now known as
Dubuque Industrial Center South -
Changing name of part to the Dubuque'
Technology Park with street names to
be Digital Drive and Data Court; 2
Final plat of the industrial park be
prepared with the open space platted
as separate outlots and City retain
ownership of this open space for
general public use and maintain it as
public property, presented and read.
Buol moved that the communication be
received and filed and recommendation
approved. Seconded by Michalski.
Motion carried 7 -0.
Corporation Counsel requesting
direction on the matter of "City -
employees not being eligible for -
appointment to any committee, board
or commission °. Upon consensus it
was decided that an Ordinance be
brought back to negate any Board or
Commission member from continuing
on as a member of that Board or
Commission if hired by the City.
Zoning Advisory Commission
advising of their denial to reclassify
property at 715 West Locust Street
from R -2A to C -1 District and Pat Mohr
requesting Council set a public heating
on reclassification in order to present
her case, presented and read.
Robbins moved that the
communications be received and filed.
Seconded by Voetberg. Motion carried
7 -0.
An Ordinance Amending Zoning Map
by reclassifying property at 715 West
Locust Street from R -2A Alternate Two-
Family Residential District to C-1
Neighborhood Commercial District,
presented and read. Robbins moved
that a Public Hearing be held on the
proposed Ordinance on the 1st day of
June, 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 carried 7 -0.
City Manager submitting bidding
documents providing for Construction
of Rocco Buda Park. presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7 -0.
RESOLUTION NO. 214-98
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 Rocco Buda
Park, in the estimated amount of
$87,569.00, are hereby approved and
ordered fled in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chestemian,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
Regular Session, May 18,1998
197
RESOLUTION NO. 215-98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Rocco Buda Park
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 15th day of June, 1998,
a public hearing will be held at 7:00
p.m. in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and 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 Tess than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
RESOLUTION NO. 216-98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA
That the Rocco Buda Park is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be Tess than four days nor more than
forty -five days prior to the receipt of
198 Regular Session, May 18, 1998
said bids at 2:00 p.m. on the 4th day of
June, 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 15th day of
June, 1998.
Passed, adopted and approved this
18th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Karen M. Chesterman,
Deputy City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
At 9:01 Council reconvened Regular
Session with Statement that Staff had
been given proper direction.
There being no further business,
Voetberg moved to adjourn. Seconded
by Michalski. Motion carried 7 -0. The
meeting adjourned at 9:02 p.m.
/s/ Karen M. Chesterman
Deputy City Clerk
Approved
Adopted
Attest:
e5 2
Steve Mosiman, 1000 Clarke Dr.,
spoke updating the Council on
Interstate Power Co.'s distribution
construction on Clarke Dr. and
requesting Council stop the activity.
City Manager Van Milligen clarified
the recent problems with the Severe
Weather Warning Sirens activation and Council Members
steps taken to rectify the situation
6
Mayor
, 1998
1998
M 7:57 p.m. Voetberg moved to go ./ -4- /, _ 2.,„..„,,,
into Closed Session —In accordance City Clerk
with Chapter 21.5 1.(j) State Code of j
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
have to pay for that property.
Seconded by Michalski. Motion carried
7 -0.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, Tuesday, May 26,
1998.
Council Met at 4:00 P.M. Public
Library Auditorium.
Present Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins; - Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
award the contract for Industrial Center
West Grading Plans and Chavenelle
Drive Construction - Phase I and acting
upon such other business which may
properly come before the Council.
Michalski moved that the rules be
suspended to allow anyone to address
the Council. Seconded by Robbins.
Motion carried 7 -0.
Proof of Publication, certified to by
the publisher on Notice of Hearing on
Plans & Specs. for Industrial Center
West Grading Plans and Chavenelle
Drive Construction- Phase, presented
and read. Voetberg moved that the
proof be received and filed. Seconded
by Buol. Motion carried 7 -0,
RESOLUTION NO. 217-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 29th day of April,
1998, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Dubuque Industrial Center West
Grading Plans and Chavenelle Drive
Construction - Phase I.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
Special Sessiofi, 1U1aV 26. 1998 199
estimated cost for said improvements
for said project
Passed, adopted and approved this
26th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Mary A Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
Proof of Publication, certified to by
the Publisher on Notice to Bidders on
Receipt of Bids for project and
communication of City Manager
recommending to award contract for
project, presented and read Voetberg
moved that the proof and
communication be received and filed.
Seconded by Buol. Motion carried 7 -0.
RESOLUTION NO. 218-98
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Dubuque Industrial Center West
Grading Plans and Chavenelle Drive
Construction - Phase I pursuant to
Resolution No. 196 -98 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
on the 8th day of May, 1998.
Whereas, said sealed proposals
were opened and read on the 19th day
of May, 1998 and it has been
determined that the bid of McAnich
Corporation of Des Moines, Iowa in the
amount of $5,425,192.32 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
That the contract for the above
improvement be awarded to McAnich
Corporation and the Manager be and is
hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
26th day of May, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7 -0.
200 Special Session, May 26, 1998
Approved l i L% 1998
Adopted
d
At 4:10 P.M. Michalski moved to go
into closed session in accordance with
Chapter 21.5 1 (I) 1997 Code of Iowa,
as amended, to evaluate the
professional competency of an
individual whose performance is being
considered (City Manager) and that
individual has requested a closed
session (Annual Evaluation).
Seconded by Voetberg. Motion carried
7 -0.
Council reconvened in regular
session at 4:48. Mayor announced
evaluation was completed and results
would be placed on the June 1st
council meeting.
There being no further business,
Michalski moved to adjourn. Seconded
by Buol. Motion carried 7 -0. The
meeting adjourned at 4:49 P.M.
/s/ Mary A Davis CMC
City Clerk
ic?"1
.
Mayor
Council Members
Attest
City Clerk