1998 October Council ProceedingsSpecial Session~ October 5i ~ 998 340
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
Monday, October 5, 1998.
Council met at 6:00 p.m., Second
Floor Board Room, Public Library.
Present: Mayor Duggan, Council
Members Buol, Markham, Nichdison,
Robbins, Voetberg, City Manager
Michael Van Milligen, Corporation
Counsel Barry A. Lindahl.
Absent: Council Member MichalskJ at
Roll Call; Michalski entered at 6:18
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
go into Closed Session to discuss the
purchase of property.
At 6:05 p.m. Voetperg moved to go
i~o Closed Session In accordance with
Chapter 21.5 l(j) To discuss the
purchase of particular real estate
where premature disclosure could be
reaeenab]y expected to increase the
price the governmental body would
have to pay for that property.
Seconded by Nicholson. Motion
carried 6-0.
At 6:57 p.m. Council reconvened
Regular Session with statement that
Staff had been given proper direction
regarding purchase of property.
At 6:58 p.m., there being no fuKher
business, Nichdison moved to adjourn
the Special Session. Seconded by
Robbins. Motion carried 7-0. The
meeting adjourned at 6:58 p.m.
/s/Mary A. Davi~ CMC
City Clerk
Approved ,~~'~, 1998
Adopted. ~, ~'~r", 1998
/.,/'~ounci[ Members
City C~erk ~'
341
Regular Session,
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, October 5 1998
Council Met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Duggan, Council
Membem 9uol, Markham. Michalski,
Nicholson. Robbins. Vostberg, City
Manager Michael Van Miliigee,
Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to ac[ upon such business which may
propedy come before the Council.
Invocation was given by Rev. Woody
Ailabobgh, Pastor of the Third
Presbyterian Church.
PROCLAMATIONS: Oct. 12-16 as
"Project Concern, Inc. Week" received
by Steve Jacobs, Director of Project
Concern; Oct. 15 as "White Cane
Safety Day" received by Madan
Williams.
MINUTES SUBMITTED: Cable TV
Regulatory of 9-16; Environmental
Stewardship Advisory Commismon of
9-1: Five Flags Commission of 8-17:
Housing Commissior, of 9-8; Housing
Commission Trust Fond Committee of
9-10; Long Range Planning
Commission of 9-16; Public Library of
7-23 & 8-27, presented and read. 9uol
move(] that the minutes be received
and tiled. Seconded by Nicholson.
VIotion carried 7-0.
Investment Oversight Commission
submitting their twenty first ~uartedy
report: presented and read. BuoJ
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0
:)roofs of mublication or Notice of
publishing Council Proceedings for
meetings of 8-24 & 9-8, presenteo and
read. 9uo[ moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-C.
October 5, 1998
Pdntad Council Proceedings for
month of August, 1998, presented for
approval. But] moved that the
proceedings be approved as ~dnted.
Seconded by Nicholson. Motion
carded 7-0.
NOTICE OF CLAIMS/SUITS --
Nanci Butler in unknown amount for
personal injuries; Joan Reinholt in
unknown amount for personal injunes,
presented and teac. Buol moved that
the claims and suits be referred to the
Legal Staff for investigation and repor[.
Seconded by Nicholson. Motion
carded 7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa. the
agent for the Iowa Communities
Assurance Pool: Car damage of Pathck
Sheahan; Vehicle damage of Susan
Splinter, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel recommending
deniar of vehicle damage claim of
Debre Dreessler, presented and teac.
Buol moved that the communication be
received and filed and approved
recommendation. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel advising
property damage claim of Thomas C.
Metz has been forwarded to Nodhwest
Development, inc., (contractor in area),
presented and read. Buol moved thai
the communication ~e receivee and
tiled. Seconded by Nicholson. Motion
carded 7-0.
Corporation Counsel recommending
settlement of two (2) vehicle damage
claims of Matthew Tranel in tot'a[
amount of $599.31 and direct Finance
Officer to issue proper check,
presented and read. Buol moved that
the communication be resa[ved and
filed and approved recommendation.
Seconded by Nicholson. Motion
carried 7-0.
IA Dept of Economic Development
advising Ci'~' of Dubuque will not be
invited to submit a full Local Housing
Assistance Program Pre-Application for
housing activity, presented and read.
Buol movec that the communication be
received and filed. Secondee by
Nicholson. Motion carried 7-0.
Re.qular Session, OctOber
342
City Manager recommending
approval of Local Bidding of Steamboat
Restoration Projec~ presented and
read. Buol moved that the
communication be receNed and tiled.
Secondec by Nichoison. Motion
carried 7-0.
RESOLUTION NO. 421-98
RESOLUTION AUTHORIZING A
SUPPLEMENTAL AGREEMENT WITH
THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE
STEAMBOAT RESTORATION
PROJECT
Whereas, the C~/of Dubuque isthe
sponsor of a Transportation
Enhancement grant for the Wi/liam M.
Black Steamboat Restoration Project
awarded to the Dubuque County
Historical Society; and
Whereas, the Dub,',que County
Historical Society wishes to bid the
Steamboat Restoration Project locally;
and
Whereas, the Iowa DeparLrnent of
Transportation will allow the Steamboat
Restoration Project to be bid locally
after completion of a supplemental
agreement with the City.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe Mayor is hereby
authorized to sign the Supplement'al
Agreement with the Iowa Department
of Transportation to proceed with local
bidding of the Steamboat Restoration
Project. Passed, approved and
adopted this 5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
Historic Preservation Commission
advising Ms. Burke-Manthey,
representative of Langworthy District,
no longer lives in district, therefore, that
seat is vacant, presented and read
Buol moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0.
Attorney Louis Preller, on behalf of
Phlllip Mihalakis, requesting purchase
of a portion of Pine Street running
between 12th St. and 14th St,
presented aad teac. Buol moved that
the communication be received and
tiled and referred to the City Manager
for investigation and repor~ Seconded
by Nicholsen. Motion carded 7-0.
Fimtar Bank requesting permission
to display tiraworks on December 31
1998, beginning at approx. 6:00 p.m. at
Hempstead High School site,
presented and read. Buol moved that
the matter be referred to the City
Manager for implementation.
Seconded by Nicholsen. Motion
carded 7-0.
City Manager recommending
approval of amendment to Family Self-
Sufficiency Program Contract witl'
Alternative Services, Inc., presented
and read Buol moved that the
communication be received and file(:
and approved recommendation.
Seconde(: by Nicholson. Motion
carded 7-0.
City Manager advising of Human
Rights Department's receiat of HUD
funding, presented and read. Buol
move~ that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0.
C~ Manager recommending
approval to reauthodze funds to extend
the Family Advocate Program for Fiscal
Year 199~, presented and read. Buol
moved that the communication be
received and. filed and approved
recommendation. Seconded by
Nicholson_ Motion carried7-0.
City Manager responding to Mary
KJeinschrodfs pet~on regarding tra~c
signals at Northwest Artedal anc
Highway 20, presented and read. Buol
moved that the communication be
received and tiled. Seconded by
Nicholson. Motion cardec 7-0.
Mary Kteinsc~rcdt spoke requesting
that the traffic lights be returned to the
protected left turn. signal at. this
intersectior. _
The designation of Mayor Duggan as
voting delegate and Council Member
Nicholson as ar~emate voting delegate
at the NLC conference, presented and
read. Buol moved that these
designations be approved. Seconded
by Nicholson.. MatJon carried 7-0..
City Manager claff[ying right-of-way
as transferred to State for Highway
#32, presented and read. Buol moved
that the communication be received
and tiled. Seconded by Nicholson.
Motion carded 7-0.
343
Regular Session, October 5, 1998
RESOLUTION NO. 422-98
RESOLUTION APPROVING PLAT OF
SURVEY OF LOT 3-1-2-A AND LOT 3-
1-243 OF A.C. PFOHL PLACE IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated
September 21, 1998 prepared by the
City of Dubuque describing Lot 3-1-2-A
and Lot 3-1-2-B of A.C. Pfohl Place ir
the City of Dubuque, Dubuque County,
Iowa; and
Whereas, said plat conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated
September 21, 1998 prepared by the
City of Dubuque, relative to the real
estate hereinabove described be and
the same is hereby approved, and the
Mayor and City Clark 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 Clark be
and is hereby authorized and directed
to tile said plat and ced~ed copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
5th day of October, 1 g98.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
City Manager recommending
acceptance of 1997 Asphalt Paving
Project, Presented and read. Buol
moved that the communication be
received and tiled.- Seconded by
Nichofson. Motion carded 7-0.
RESOLUTION NO. 423-98
ACCEPTING IMPROVEMENT
Whereas, the con~rect for the 1997
Asphalt Paving Project (FY 1998) has
been completed and the City Manager
nas examined the work and tiled his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Semen 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereoy accepted.
BE tT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
Local Option Sales Tax Funds and
Road Use Tax Funds in amount equal
to the amount of his contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carded 7-0.
RESOLUTION NO, 424-98
FINAL ESTIMATE
Whereas, the contract for the 1997
Asphalt Pa~ing Project (FY 1998) has
been completed and the City Engineer
has submitted his t~nal estimate
showing the cost thereof including the
cost of estimates, notices and
inspection and all miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $1,006,568.78 and the said amount
shall be paid from Local Option Sales
Tax Fund and Road Use Tax Fund of
the City of Dubuque, Iowa.
Section 2. That $3,315.01 of the
cost thereof shaJl be assessable upon
pdvate property and $1,003,253.77.
shall be paid from the Loca~ Option
Sales Tax Fund. the Road Use Tax
Fund, the Parking Construction Fund,
and the General Fund.
Passed, approved and adeeted this
5th day of October, 1998.
Terrence M. Duggan, Mayor
Attest: Mary.&. Davis, CH Clerk
Buel moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 425-98
RESOLUTION APPROVING:
PRELIMINARY SCHEDULE · OF
ASSESSMENTS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the attached sheets, 1 to 1
inclusive, are hereby determined to ee
the schedule of proposed assessments
for the 1997 Asphalt Paving Project (FY
1998) and the valuations set out herein
are hereby approved.
Passed, approved and adopted this
5th day of October, 1998.
Reqular Session, Oct0bei' 5, 1998
344
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buo~ moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager mcemmending
acceptance of Fremont Avenue
Sanitary Sewer Extension Project,
presented and read. Buoi moved that
[he communication be received and
filed. Seconded by Nichoison. Motion
carded
RESOLUTION NO. 426-98
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Fremont Avenue Sanitary Sewer
Extension has been compisted and the
City Manager has examined the work
and filed his cerEficete stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1. Thetthe recammendatior
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the C~ Treasurer be and he is hereby
directed m pay to the contractor from
Sanitary Sewer Funds ir amount equal
to the amount of his contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
5th day of October, 1998
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 427-98
FINAL ESTIMATE
Whereas, the contract for the
Fremont Avenue Sanitary Sewer
Extension has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof
including the cost of esfimatas, notices
and inspection and all miscellaneous
COS[S;
NOW THEREFORE, BE 1T
RESOLVED BY THE CFF~' COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $110,176.27 and the said amount
shall be paid from the Sanitary Sewer
Construction Fund of the City of
Dubuque, Iowa.
Section 2. That $35,563.35 of the
cost thereof shall be assessable upon
private property and $74,612.91 shall
be paid from Sanitary Sewer
Construction Fund.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholsor..
Motion carried 7~0.
RESOLUTION NO. 428-98
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR FREMONT AVENUE SANITARY
SEWER EXTENSION INCLUDING
CERTAIN INFORMATION REQUIRED
BY -THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE,' BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after ful! consideration of the
final schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construction of the Fremont Avenue
Sanitary Sewer Extension under
contract with McDermott Excavating of
Dubuque, iowa, which final plat and
schedule were filed in the office of the
City Clerk on the 9th day of October,
1997, the said schedule of
assessments be and the same is
hereby approved and adopted.
That there be, and is hereby
assessed and levied as a special tax
against and upon each of the lots the
respective sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied coeditionaliy against the
respective properties bene£r~ed by the
improvements as shown in the
schedule, subject to the provisions of
Section 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in proportion to
the special benefits conferred and not
in excess of twenty-five percent of the
value of same.
3/*5 Regular Session, October 5, 1998
That the City Clerk be ane is hereby
directed to certify said schedule to the
Count/Treasurer of Dubuque County,
Iowa, and m publish notice of said
cer[ification once each week for two
consecutive weeks in the manner
provided in Section 362.3 the first
publication of which shall be not more
than fifteen days from the date of filing
of the final schedule. On or before the
date of the second publication of the
notice, the City Clerk shall also mail a
copy of said notice to. property owners
whose property ~s subject to
assessment, as provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may be paid in
full or n part without interest at the
office of the Count~ Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the final schedule of
essessmen[s with the County
Treasurer. After 30 days unpaid
assessmen[s of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at 9 percent
(commencing en the date of
acceptance of the work) computed to
the December 1 next tel[owing the due
dates of the respective installments as
provided in Section 384.65 of the Code
of Iowa. Each installment will be
delinquent from October 1 tsllowing its
due date on July 1 of each year.
Property owners may elect to pay any
annual installments semiannually in
aavance.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
FREMONT AVENUE
SANITARY SEWER EXTENSION
The follow~ng schedule is hereby
determined to show each lot proposed
to be assessed for the imerovement
shown in the title together with the
amount proposed to be assessed
against each lot and the valuations
shown apposite each lot are hereby
fixed as the true valuations of such lots
by the City Council cf the CH of
Dubuque.
NAME ~
TOTAL NFT ASSESSMF=NT
Stevens, Clark W. & lngrid
Lot 23 - Moore Heights
$3,165.10 $1,391.70
Lammers, Carol A.
Lot 22 - ~loore Heights
$3~ 175.68 $1,395.23
Packard, Joan Louise
Lot 21 - Moore Heights
$3,196.17 $1,352.06
Packard, Joan Louise
' Lot 20 - Moore Heights
$1,650.64 $2.893.55
Packard, Joan Louise
Lot 19 - Moore Heights
$1,483.06 $3.067.69
Kleiner, James J. & Mary K.
Lot 18 - Moore Heights $4,557.80
Kleiner, James J. & Mary K.
Lot 17 - Moore Heights
$1,697.70 $2,629.24
War[burg Theolcgicel Seminan/
Lot 1-2-2-2 Gartner's Sub. $5,292.74
Dillon, BeVedy A.
Lot 2 - Haggas Place $4.706.51
Haggas, Michael P. & Jennifer L.
Lot 1 - Haggas Place $4,244.27
Shirker. Kirby A. & Linda M.
Lot 1 - Gartn~r's SubdMsion $4 032 5R
$14,368.35 $35,563.35
Buo! moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
acceptance of Parking Facili~es
Rehabilitation Repairs, presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Nicholson: Metier.
carried 7-0
RESOLUTION NO. 429-98
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Parking Facilfties Rehabilitation
Repairs has been completed and the
City engineer has examined the work
and filed his certificate stating that the
same has been completed according to
the [erms of the contract, plans and
specifications and recommends it for
acceptance.
Now Therefore, Be it Resolved By
The City Council Of The City Of
Dubuque, Iowa:
Section 1. Thatthe recommendation
of the City Manager be approved and
that said Improvement be and the
same is hereby accepted.
Be It Further Resolved that the City
Treasurer be and he is hereby directed
to pay to the contract from Parking
Construction Repair Funds in amount
equal To the amount of his conzracL
less any retained percenzage proved
for therein.
Passed, approved and adopted this
5th day of October,
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Regular Session, October 5~,1998
346
resolution.. Seconded by Nichdison.
Motion carried 7-0.
RESOLUTION NO, 430-.98
FINAL ESTIMATE
Whereas, the contract for the
Parking F ac4'litJes Rehabilitation
Repairs has been completed and the
City Engineer has submitted his tina]
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscallaneous
costs.
Now Therefore, Be It Resolved By
The City Council of the City Of
Dubuque, Iowa:
Section 1. That the cost of said
improvement is hereby determined to
be $302,700.76 and the said amount
shall be paid from Parking Construction
Repair Funds of the City of Dubuque,
Iowa:
Passed, approved and adopted this
5th day of October, 1998.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Budi moved adoption of the
readiution~ Seconded by Nicholson.
Motion carried 7-0.
CH Manager recommending
sponsorship of an application to
Federal Home Loan Bank for
Affordable Housing Program funds,
presented and read. Buol moved that
the communication be received and
· ed. Seconded by Nicholson. Motion
carried 7-0. ~
RESOLUTION NO; 431-98
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
tending ins~utions have agreed to
submit an applic~ion 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 of
sponsorship of an application to the
Federal Home Loan Bank for
Affordable Housing Program funds, to
assist Iow-and moderate-incame
families to purchase homes.
Secl~on 2. This resolution shall take
effect immediately.
Passed, approved and adopted this
5th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of a $9,000 Neighborhood
Support Grant, presented and read.
Beal moved that the communication be
received and tiled. Seconded by
Nichdisom Motion carded 7-0.
RESOLUTION N~.432-98 '
A RESOLUTION RECOMMENDING
APPROVAL AND EXECUTION OF A
NEIGHBORHOOD SUPPORT GRANT
WITH THE DUBUQUE COUNTY
EXTENSION OFFICE AND THE
NORTH END NEIGHBORHOOD
COUNCIL.
Whereas, the City of Dubuque is a
padicipa~dng city in the Commun~
DeYelopmeidt Block Grant Program of
the United States Department
Housing and Urban Development; and
Whereas, the CKy wishes to engage
the Dubuque County Extension Office
and the North End Neighborhood
Councit to assist the City Of Dubuque in
utilizing Such funds; and '~ '; -
Whereas, the Project will utilize the
North End Neighborhood Council,
neighborhood residents and school
staff and the Dubuque County
Extension Office to identify and
coordinate special actlv~es, training
and recreational opportunities that will
strengthen the neighborhood..
NOW, THEREFORE, BE IT
RESOLVED BY THE C~FY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe above-deacribed
application meets the requirements of
the City of Dubuque's Neighborhood
Support Grant Program.
Section 2~ That the City Manager of
the City of Dubuque is hereby
authorized to execute an agreement
347 Regular Session, October 5, 1998
with the Dubuque County Extension
Office and the North End
Neighborhood Council.
Passed, approved and adopted this
5th day of October, 1998.
Temance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
City Manager requesting adoption of
Fiscal Year 2000 Policy Guidelines,
presented and read. Buol movee that
the communication de received and
filed and request approved. Seconded
by Nichalson. Motion carried 7-0.
Presentation of 1998 Public Interest
Defense Award, 3resented and read.
Buol moved that the communication be
received and filed. Seconded by
Nichoison. Motio~ carded 7-0
RESOLUTION NO. 433-98
Whereas, applications for Uquor
Licenses have been subm~ed to this
Council for approval and the same
have ~een 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 fled
proper bonds.
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That the Mana.e~r be author'~ed to
cause to be issued the fo[lowing name~
applicants a Liquor License.
CLASS "C' (COMMERCIAL)
BEER/LIQUOR LICENSE
One Flight Up mc. One Flight Up inc.
48 Main St
Ange[a Mangeno Positively 14th St -
1401 Elm St
Marie Moelier Europa Haus Restr.
& Bierstube 1301 Rhomberg Ave
Loras College Lores College
(1 Day Outdoor Serv) 1450 Alta Vista
(Field House & Alumni Campus
Center)
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: MaG' A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
BOARDS AND COMMISSIONS:
Individuals are invited to address the
Council to express their desire to sep/e
on vadous Beards/Commissions.
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION --
Applicants: Katie Gustafson
(Representing Youth), John Benne~,
Michael Buelow, Sarah Schneider.
Katie Gestafson, John Bennetz, Mike
Buelow all spoke.
TV CABLE REGULATORY
COMMISSION -- Applicant: Craig
Schaefer.
Michalski moved that the rules be
suspended to allow anyone present to
address the Council. Seconded by
Robbins. Motion carded 7-0.
Proof of publication certifie~ to by
the Publisher on Notice of Headng on
Plans & Specs. for Construction of
Outdoor Warning Siren System and
Proof of publication certified to by the
Publisher on Notice to Bidders of
Receipt of Bids for ~roject, and City
Manager recommending to reject al)
bids received and rebid the project,
presented and read. Robbins moved
that the proofs and communication be
received and liled. Seconded by
Nichoison. Motion carried 7-0.
RESOLUTION NO. 434-98
RESOLUTION RESCINDING
RESOLUTION NO. 386-98
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS FOR
AN OUTDOOR WARNING SIREN
SYSTEM
Whereas an advertisement for bids
for an Outdoor Warning Siren System
was published on September 11, 1998-
and
Whereas, the City Council deemed it
advisable to reject all bids received,
abandon the project and re-bid the
project at a later date.
NOW, THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
That Resolution No. 386-98, Outdoor
Warning Siren System be rescinded
and that said project be redid at a later
date
Passed. approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, Cffy Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proof of publication cer~ed to by
Reqular Session, october
the Publisher on Notice of Headng on
Plans & Specs. for Construction of
Granger Creek Intercepter Uft Station,
presented and read. Robbins moved
that the communication be received
and tiled. Seconded by Nicholeen.
Motion carded 7-0.
RESOLUTION NO. 435-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd day of
September, 1998, plans, specifications,
form of contract and estimated cost
were fi[ed with the City Clerk of
Dubuque, Iowa for the Granger Creek
Interceptor Lift Station.
Whereas, notice of hearing on plans,
specifications, form of contrac~ 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
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice to Biddem of
Receipt of Bids for project and City
Manager recommending to award
contract for bids, presented and read.
Robbins moved that the proof and
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 436-98
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Granger Creek Interceptor Lift Station
pursuant to Resolution No. 400-98 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 5th day of
October, 1998.
Whereas, said sealed proposals
were opened and read on the 24th day
of September, 1998 and it has been
determined that the bid of Podzen
Construction Company, Inc. of
Dubuque, Iowa, in the amount of
$55,376.00 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 Podzen
Construction Company, Inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
3erformance 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
5th day of October, 1998,
Terrance M. Duggan, Mayor
Attest: Map/A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nichols0~~
Motion carded 7-0.
Proof of publication cedffied to by
the Publisher on Notice of Hearing on
Plans & Specs. for Construction of S~x-
Bay Garage at Park Maintenance
Headquarters Project, presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Nichoison. 'Motion
carried 7-0.
RESOLUTION 437-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 8th day of
September, 1998, plans, specifications,
form of contract and estimated cost
were tiled with the City Clerk of
Dubuque, Iowa for the
CONSTRUCTION OF A SIX-BAY
GARAGE. ' :
WHEREAS, notice of hearing oh
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, approved and adopted this
5th day of October, 1998.
Ten'anco M. Duggao, Mayor
Attest: Mary A. Davis, City Clerk
349 Regular Session, October 5, 1998
Buol moved adoctJon of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proof of publication certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and City
Manager recommending to award
contract for bids, presented and read.
Buo[ moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 438-98
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
CONSTRUCTION OF A SIX-BAY
GARAGE, pursuan! to Resolution No.
391-98, and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa. on the 11th day of
September, 1998.
WHEREAS, said sealed proposals
were opened and read on the 24th day
of September, 1998, and it has been
determined that the bid of MARYVILLE
CONSTRUCTION COMPANY, INC., in
the amount of $84,180 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
MARYVILLE CONSTRUCTION
COMPANY, INC., and the Manager be
and is hereby directed to e×ecum 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
conmacl and the approval of the
contractor's bona, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passeo. approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buo] moved adoption of the
resolution. Seconded by Nicho;son. -
Motion carried 7-0.
Proof of publication certJfiea to by
the Publisher on Notice of Heedng on
Plans & Specs. for Construction of Ice
Rink Warming House/Concession
Building Project, presented and read.
Voetberg moved that the proof and
communication be received and filed
Seconded Dy Markham. Motion carried
7-0
RESOLUTION NO. 439-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 8th aay of
September, 1998, plans, specifications,
form of contract and es~mated cost
were tiled with the City Clerk of
Dubuque, Iowa for the [ce Rink
Warmthg House/Concession Building
Project.
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, spec~cations,
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, approved and adopted this
5th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adootion of the
Resolutiofl Seconded by Markham.
Motion carded 7-0.
Proof of publication certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and CitY
Manager recommending to award
contract for bids, presented and read.
Voetberg moved that the proof and
communication be received and filed.
Seconded byMarkham. Motion carded
7-0.
RESOLUTION NO. 440-98
AWARDING CONTRACT
WHEREAS, sealed proposals have
been subm~ed by contractors for the
CONSTRUCTION OF AK ICE RINK
WARMING HOUSE/CONCESSION
BUILDING, pursuant to Resolution No.
397-98. ano notice to bidders published
in a newspaper published ic the City oi
Dubuque, Iowa, on the 11th day.of
September, 1998.
WHEREAS, said sealed proposals
were oDeeed and read on the 24th day
of September 1998, and it has been
determined that the bid of TIM J.
PANCRATZ CONSTRUCTION, in the
amount of $122.800 was the lowest bid
for the furnishings of all labor and
matedals aaa performing the work as
provided for in the plans and
Re.qular Session, 0~tbb~I; ~i 1998
35O
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 TiM J.
PANCRA'FZ CONSTRUCTION, and the
Manager be and is hereby directed to
execute a contract on behaif 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 tatum the
tfid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: MaP/A. Davis, CH Clerk
Voetberg moved adoption of the
Resolution_ Seconded by Markham.
Motion carded 7-0.
Proof of publication ce~fied to by
the Publisher on Notice of Headng on
Plans & Specs. for Construction of
Landscaping Dubuque Technology
Park Project, presented and read.
Michalsifi moved that the proof be
received and flied. Seconded by
Nichoison. Motion carded 7-0.
RESOLUTION No, 441-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 8th day of
September, 1998, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the LANDSCAPING
OF THE DUBUQUE TECHNOLOGY
PARK.
WHEREAS, notice of headng on
plans, specitications, 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, spec~icstioes,
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, approved and adopted this
5th day of October, 1998.
Proof of publication certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and City
Manager recommending to award
contract for bids, presented and read.
Michalski moved that the proof and
communication be received and filed.
Seconded by Nichoison. Motion
carded 7-0.
RESOLUTION NO. 442-98
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractom for the
LANDSCAPING OF THE DUBUQUE
TECHNOLOGY PARK pursuant to
Resolution No. 394-98 and notice to
in a newspaper
City of Dubuque, Iowa,
on the 18th day of September, 1998.
WHEREAS, said sealed proposals
were opened and read on the 24th day
of September; 1998, and it has been
determined that the bid of THE GREEN
THUMBERS, in the amount of $98,613
was the lowest bid for the furnishings of
all labor and materials and performing
the work as provided for in the plans
and speci~cstions.
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 THE
GREEN THUMBERS, and the Manager
be and is hereby d~rscted to execute a
contract on behalf of the City of
Dubuque for the complete performance
cf 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 depos'~ of the unsuccessful .
bidders.
Passed, approved and adopted this
5th day of October, 1998
i Terrance M. Duggan, Ma~0r
Attest MaP/A: Davis, City Clerk
MichalskJ moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0. -
Proof of publication certified to by
the Publisher on Notice of Headng on
Plans & Specs. for Construction of
Dubuque Technology Park-Roadway
Improvement Project, presented and
read. Buol moved that the
Terrance M. Duggan, Mayor communication be received and tiled.
Attest MaP/A. Davis, City Clerk Seconded by Nicholson. - Motion
Michalski moved adoption of the carried T-0.
Resolution. Seconded by Nicholson.
Motion carded 7-0. RESOLUTION NO. 443-98
351 Regular Session, October 5, 1998
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 16th day of
September, 1998, plans, specifications,
form of contract and estimatad cost
were filed with the City Clerk of
Dubuque, Iowa for the Dubuque
Technology Park Roadway
Improvement Project.
Whereas, notice of headng on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT.
RESOLVED BY THE CITY COUNCIL
OF THE 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
5th day of October. 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buo~ moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proof of publicatiee certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and City
Manager recommending to award
contract for bids, presented and reed.
Buol moved thai the proof and
communication be received and filed.
Seconded by Nicholeon. Motion
carried 7-0.
RESOLUTION NO. 444~98
AWARDING CONTRACT
Whereas sealed preposats have
been submitted by contractors for the
Dubuque Technology Park Roadway
Improvement Project pursuant to
Resolution No. 414-98 and notice to
bidders publishec in a ~ewspape~
published in the City of Dubuque, Iowa
on the 24th day of Septamber, 1998.
Whereas, said sealed proposals
were opened and read on the 1st day
of October, 1998 and it has been
determined that the bid of Horsfield
Constru~on Company, Inc. of
Epworth, Iowa in the amount of
$437,397.15 was the lowest bid for the
furnishings of all labor and materials
and performing the work as provided
for in the p,aris and specifications.
NOW THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the conzrac[ for the aoove
improvement be awarded to Horafield
Construction Company, Inc., subject to
concurrence of the Iowa Department of
Transportation, and the Manager be
and is hereby directed to execute a
contract en behalf of the C~ of
Dubuque for the comp[ate 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 dopes'frs of the unsuccessful
bidqers.
Passed, approved and adopted this
5th day of October, 1998..
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adop~on of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Headng on appeal regarding
suspension of Alter Trading
Corporation's salvage license, and
Attorney Curds Beason, on behalf of
Alter Trading Corporation, reques~ng
this headng be tabled [o a later date
with a stipulated resolution being
possible, presented and reaa.
Voatberg moved that the
communication be received and filed
and table this matter to the Council
Meeting of 11-2-98. Seconded by
Markham. Motion carried 7~0.
An Ordinahce Amending City Code
of Ordinances by modifying Section 32-
174 providing for the change in
designation of one-way traffic on Iowa
Street, Vain Street Fourth Street and
Fifth Street (first reading giver 9-21-
98), presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 59-98
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
MODIFYING - SECTION - 32-174
THEREOF PROVIDING FOR THE
CHANGE IN DESIGNATION OF ONE-
WAY TRAFFIC ON IOWA STREET,
MAIN STREE'I', FOURTH STREET
AND FIFTH STREET
NOW, THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOW~
Section 1. That the Code of
Ordinances of the City of Dubuque,
iowa be amended by deleting Iowa
Street, Main Street, Fourth Street and
Fifth Street from Section 32-174
thereof as [allows:
Reqular Session~ O~:t~b~r 5~ t998 352
"Sec. 32-174. One-Way Streets.
(1) Northerly. Traffic shall move
northerly only:.
On Iowa Street, from West
Tenth Street to Loras Boulevard.
(2) Southerly, Traffic shall move
southerly only:
On Main Street, from Loras
Boulevard to West Ninth Street.
(3) Westerly. Traffic shall move
eastedy only:
On Fifth Street, West, from
Central Avenue to Bluff Street.
(4) Easterly. Traffic shall move
westedy only:
On Fou[th Street, from Bluff
Street to White Street.*
Section 2. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding Fourth
Street to Section 32-174 thereof as
follows:
"Sec. 32-174. One-Way Streets.
(4) Easterly. Traffic shall move
eastedy only:
On Fourth Street, from Central
Avenue to White Street."
Passed. approved and adopted this
5th day of October. 1998.
Temance M. Duggan, Mayor
Attest: MaryA. Davis, Cb Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
October, 1998.
MaryA. Davis CMC, City Clerk
It 10/12
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finaliy
passed be suspended. Seconded by
BuoL. Motion carried 7~0. Vostberg
moved final consideration and passage
of the Ordinance. Seconded by BuoL
Motion cartied 7-0.
An Ordinance Amending City Code
of Ordinances by amending Section
32-282 prohibiting parking on
designated streets or pollJons thereof
by deleting Iowa Street Wast Side,
from First Street to a point seventy feet
south of Second Street: East side, from
Fourth Street to Tenth Street (first
reading given 9-21-98), presented and
(OFFICIAL PUBLICATION}
ORDINANCE NO. 60-98
AN ORDINANCE AMENDING
SUBSECTION (d) OF SECTION 32-
262 OF THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE, IOWA,
PROHIBITING PARKING ON
DESIGNATED STREETS OR
PORTIONS THEREOF BY DELETING
IOWA STREET, WEST SIDE, FROM
FIRST STREET TO A POINT
SEVENTY FEET SOUTH OF SECOND
STREET; EAST SIDE, FROM
FOURTH STREET TO TENTH
STREET
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 deleting from
Subsection (d) of Section 32-262 the
following:
Iowa Street, west side, from First
Street to a point seventy feet (70')
south of Second St'rest; east side,
from Fourth Street to Tenth Street.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
October, 1998.
Mary A. Davis CMC, City Clerk
It 10112
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at ~vo Council Meetings prior
to the meeting at which it is to be finaliy
passed be suspended. Seconded by
BuoL Motion carried 7-0. Voetberg
moved final considerafion and passage
of the Ordinance. Seconded by Buol
Motion carded 7-0.
An Ordinance Amending City Code
of Ordinances by amending Section
32-336 establishing parking meier
districts by adding portions of Iowa
Street betwee~ Fourth and Tenth
Streets (first reading given 9-21-98),
presented and read.
(OFFICIAL PUBLICATION]
ORDINANCE NO. 61-98
AN ORDINANCE AMENDING
SECTION 32.336 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, ESTABLISHING
PARKING METER DISTRICTS BY
ADDING PORTIONS OF IOWA
STREET BETWEEN FOURTH AND
TENTH STREETS
NOW, THEREFORE BE JT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 That the Code of
Ordinances of the C~ty of Dubuque,
353 Regular Session, October 5, 1998
Iowa be amended by deleting from
Section 32-336 the following:
"Sec. 32-336 North-South Streets.
iowa Street. both sides between
Third Street and Fourth Street
Iowa Street, west side. between Fi/~h
Street and Tenth Street.
Iowa Street, both sides, between
Tenth Street and Loras Boulevard."
Section 2. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding Iowa
Street to Section 32-336 thereof as
fdiicws:
Sec. 32-336. North-South Streets.
Iowa Street, both sides, between
Third Street and Lores Boulevard.
Iowa Street, west side of median,
between Fifth Street and Ninth Street.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, Cky Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
October 1998.
Mary A. Davis CMC, City Clerk
It 10/12
Voatberg moved that the
requirement that a proposed Ordinance
~e considered and voted on for
passage at two Council Meefings prior
to the meeting at which it is to be finally
passed be suspended. Seconded by
BuoL Motion carried 7-0. Voetberg
moved final consideraticn and passage
of the Ordinance. Seconded by BuoL
Motion carded 7-0.
City Manager recommending
approval of ordinance providing for
soecial vehicle parking ar Law
Enforcement Center. presented and
read. Voetberg moved that the
communica~on be received and filed.
Seconded by Robbins. ' Motion carded
7-0.
An Ordinance Amending Code of
Ordinances by enacting a new Section
32-277 "Reserved Law Enforcement
Vehicle Parking", presented and read.
(OFFICIAL PUBLICATION)' '
ORDINANCE r~o. 62-98
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
ENACTING A NEW SECTION 32-277
ENTITLED "RESERVED LAW
ENFORCEMENT VEHICLE
PARKING."
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the C, ity of Dubuque be
amended by enacting a new Section
32-277 enfitieo "Reserve Law
Enforcement Vehicle Parking" as
follows:
Sec. 32-277. Resewed law
enforcement vehicle parking.
(a) When appropriate signs have
been posted, the following areas are
hereby set aside for the paricng of
law enforcement vehicles:
(I) that area located on the
northeriy side of Eighth Street
between Central Avenue and the
alley lying westedy of Central
Avenue.
(ii) that area iccatad on the
easterly side of iowa Street
between the Law Enforcement
Center Driveway and the
crosswalk of Eighth Street.
(b) It shall be unlawfu~ for the
operator cf any vehicle to stop,
stand or park within such area
unless such vehicle is clearly
identified and marked as a vehicle
assigned to law enforcement
activities.
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
October, 1998.
Mary A. Davis CMC, City Clerk
It 10/12
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
Robbins. Motion carded7-0. Voetberg
moved final consideration and passage
of the Ordinance Seconded by
Robbins. Motion carried
City Manager submitting an
Ordinance regarding "Crime Property"
presented and read. Voetberg moved
that the communicafion be received
and filed. Seconded by Bucl. Motion
carded 7-0.
An Ordinance Amending Code of
Ordinances by adding a new Article
entitled 'Crime Property", "Definitions"
Soecified Crime Property prohibited",
Reqular Session, O~tobef 5i ~998 354
Preenforcement Procedure",
"Procedure for Enforcement", "Notice",
"Service of Notice" and "Effect of
Notice", presented and reed.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 63-98
AN ORDINANCE AMENDING
CHAPTER 33, OFFENSES AND
MISCELLANEOUS PROVISIONS, OF
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA, BY
ADDING A NEW ARTICLE VI
ENTITLED "CRIME PROPERTY" BY
ENACTING A NEW SECTION 33-101
ENTITLED "DEFINITIONS," BY
ENACTING A NEW SECTION 33-102
ENTITLED "SPECIFIED CRIME
PROPERTY PROHIBITED," BY
ENACTING A NEW SECTION 33-103
ENTITLED "PREENFORCEMENT
PROCEDURE," BY ENACTING A
NEW SECTION 33-'104 ENTITLED
"PROCEDURE FOR
ENFORCEMENT," BY ENACTING A
NEW SECTION 33-105 ENTITLED
"NOTICE," BY ENACTING A NEW
SECTION 33-106 ENTITLED
"SERVICE OF NOTICE," AND BY
ENACTING A NEW SECTION 33-107
ENTITLED "EFFECT OF NOTICE."
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Chapter 33 of the
Code of Ordinances of the C~ of
Dubuque, Iowa, be amended by
enacting the following new article:
Artcle VI. Cdme Property
Sec. 33-101 Definitons.
Unless othe~Mss e×preesly stated or
unless the context clearly indicates a
different inten~, the following terms
shall, for the purpose of this Article,
have the fei[owing meanings:
(a) Abate or abatement means:
(1)As applied to an owner\occupant
the removal or correction of the
condition or circumstances causing the
property To be a specified crime
proper~y.
(2) As applied to a nonocoupant
owner: the initiation and good faith
continuation of ail such actions or steps
as may be reasonable and legal under
the circumstances, and which would
ordinarily lead to an abatement of the
condito~ or circumstances causing.the
property to be a specified cnme
properly.
(b) Boo. flogging means the illegal sal&
or servme of alcoholic liquor, wine or
beer in vidiatJon of Iowa Code Chapter
123.
(c) Chief of Police includes the Chiet's
designee.
(d) Controlled substance means a
drug, substance or immediate
precursor as defined by Iowa Code
chapter 124.
(e) Gambling means games of skill or
[chance as defined by Iowa Code
chapter 99B and prohibited by Iowa
Code chapter 725.
(0 Owner means any pemon, including
a mortgagee in possession, in whom is
vested all or part of the legal He to
property or all or part of the beneficial
ownership and the right to the present
use and enjoyment of the premises, or
an occupant of that structure.
(g) Person means any natural person,
association, parmerehip, corporation or
et.her legal enlf~' capable of owning or
using property.
(h) Prostitution, pimping and pandering
mean those acm or activities as defined
in Iowa Code chapter 725.
(I) Specified cdme property means any
real property on which the unauthorized
delivery or manufacture of a controlled
substance, illegal' gambling,
bootlegging, pros~tufion, pimping, or
pandering, physical assault or thres[ of
physical assau~, illegal use and
pessessioc of firearms or other
weapons or the threat to use a firearm
or weapon illegally is occurring.
Sec. 33-102..' Specified - crime
property prohibited.
No pemon shall knowingly use or
allow to be used any structure as a
specified crime properly.
Sec. 33-103. Pre-enforcement
procedure.
Upon the direction of the Chief of
Police, based on police information, or
the receipt by the Chief of Police of
three (3) written complaints of activity
as set forth in iowa Code Sections
657.1 and 657.2~ subsection 6:
(a) A letter shall be sent to the property
owner and any occupant engaged in
such adiivity by the Chief of Police,
notifying the owner and occupant that
complaints have been received and
advising the owner and occupant of the
provisions of this Article.
(b) The Chief of Police shall take such
action as may be necessary to
determine if the complaints are valid.
Section 33-104. Procedure for
enforcement
When the Chief of Police has
probabte cause to believe that a
structure is being used or maintained in
violation of this Article, the Chief of
Police shall notify the owner of record
355 Regular Session, October 5, 1998
[n wrtdng that the structure is declared
to be a specified crime property.
Probable cause shat[ include any
condition or activity carried out in the
s[ructure oy a tenant, or any person on
the prem~sas with the conssn[ of the
[enant. which cons~utes a clear and
present oanger to the health or safety
of other tenants, the landlord, or the
landlord's employees or agents,
including, but no[ limited to the
following:
(al Possession of a controlled
substance unlsss the controlled
substance was obtained directly from
or pursuant to a valid prescription or
order by a licensed medical prectitoner
while acting in the course of the
practitioner's profsssionai practice, or
any combination of evidence of drug
paraphernalia in and around the
structure, an increase in vehicular or
pedesthan traffic in and around the
structure for the purpose of conducting
illegal activity, and observations of the
exchange of money for controlled
substances, or unauthorized delivery or
manufacture of a controlled substance;
(b) Illagal gambling, boobeggmg,
prostitution, pimping or pandering;
(c) Physical assault or threat of
physical assau~ or
(d) lllegat use of firearms or other
weapons, the threat to use a firearm or
other weapon iilagally, or possession of
an illegal firearm or weapon. Sec. 33-105. Notice.
The notice reouired by Section 33-
104 shall notify the owner and
occupant that the structure has been
declared to be a specified crime
property, and shall contain the
following information:
(a) The stree[ address and a
description sufficient for iden~cation of
the premises on which the structure is
located; and
(b) A statement that the Chief of Police
nas found the structure or portion
thereof to be in violation of this Article
together with a statement of the
condition or activity and the basis upon
which the structure has been declared
a specified crime property.
Sec. 33-106. Service of notice.
A copy cf the notice shall be served
on the owner not less than twenty (20)
days prior to [he commencement of
any judicial action by the City. Service
shall be made either personally or by
mailing a copy of the notice by
registered or certified mail, pca~age
prepaid, return receipt requested to
the owner at the owner's address as [t
appsam in the records of the County
Auditor. A copy ofthe notice shall also
be served on the occupant of the
strumure if the occupant is different
from the owner not lass than ten (10)
oays prior to the commencemen[ of
any judicial action by the City and may
be made personally or by mailing a
copy of the notice by first-class ma~,
postage prepaid, to the occupant at the
structure. In the event that notice
cannot be served upon the occupant as
set out above, a copy of the notice
shall be posted atthe property after ten
(10) days have elapsed from the
service or mailing of the notice to the
occupant and no response or reply has
been received by the City from the
owner or occupant during the ten-day
ceriod.
Sec. 33-107. Effect of notice.
An owner shall have ten (10) days
from the date of receipt of the notice to
abate the condition or activity specified
in the notice. In the case of a landlord-
tenant relationship, the owner shall be
deemed to have abated the activity or
conditon upon demonstration that the
owner has taken legal action as
allowed by chapter 562A of the Code of
iowa to terminate the rental agreement,
has continued in good faith to follow
abatement procedures, - and has
provided the Chief of Police with copies
of all notices served in accordance with
chapter 562A of the Code of towa.
The Chief of-Police shall be
available, upon reasonable notice, to
testify in support of any forcible entry _
and detainer action resulting from any
action initiated by the Chief of Police in
furtherance of this Chapmr
If the Chief of Police determines that
a specified crime property has not been
abated as required by this Section, an
action may be filed pursuant to sectioc
364.22 of the Code of Iowa.
Section 2. This ordinance shall take
effect upon publicafion.
Passed, approved and adopted this
5th day of October, 1998.
Torrance M. Duggan, Mayor-
Atta~t: Mary A. Davis. City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day at-
October, 1998.
Mary A. Davis CMC, City Clerk
It 10/12
Vcetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it isto be finally
passed be suspended. Seconded by
Buo]. Motion carried 7-0. Voetberg
moved final consideration and passage
Reqular Session, October 5~ 1~98
356
of the Ordinance. Seconded by BuoL
Motion carried 7-0.
City Manager submitting Ordinance
which prohibits loitering in or near a
public place under circumstances
manifesting intimidation, disorderly
condu~ or drug use, sale or
distribution, presented and read. Buo
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
An Ordinance Amending Code of
Ordinances by adopting a new Section
33-16 prohibiting loitering for
intimidation, disorderly conduct, drug
sale, drug use or drug distribution,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 64-98
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ADOPTING A NEW
SECTION 33-16 PROHIBITING
LOITEPJNG FOR INTIMIDATION,
DISORDERLY CONDUCT, DRUG
SALE, DRUG USE OR DRUG
DISTRIBUTION
NOW THEREFORE, BE
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The following new Section
33-16 is hereby adopted:
Sec. 33-16. Loitering For
intimidation, Disorderly Conducf, Drug
Sale, Drug Use Or Drug Distribution.
(a) For the purposes of this Section,
the following terms shall have the
following meanings:
(1) Public Place. Any street,
sidewalk, alley, plaza, park, driveway,
perking [ct, communication facility,
transportation facility or the doorway or
other opening of any building adjacent
to such places.
(2) Intimid~on. Conduct which
repeatedly interferes with the free
passage of other persons in .or into
public places or which demonstrates an
attempt to discourage the free passage
of other persons in or into public
places.
(3) Disorderly Conduct Conduct
declared unlawfal by Section 33-1 of
this Ordinance.
(4) Drug Sale, Drug Use or Drug
Distribution. Conduct which
demonstrates a specific intent to
induce, entice, solicit, or procure
another to buy, use or accept illegal
drugs, including the unlawful use of
legal drugs.
(5) Known Drug Dealer. Any person
who pdor to the date of the arrest for
violation of this section has been
arrested for or convicted of an offense
invoMng iitegal drugs.
(6) Gang Affiliation. A person shall
be considered to have a gang affiliation
if that person, pdor to the date of arrest
for violation of this section, has been
identified by police as a gang member,
has admitted to being a gang member,
has been observed to have repeated
contact with persons known to police to
be gang members, or has beec
observed by police verbalizing gang
names or using hand signals known to
gang related.
(b) No person shall loiter, nor shall
any person willingly join in or remain s
part of a group which is oitedng
knowing or having reasonable grounds
to believe it is such, in or near any
public place in a manner and under
circumstances manifesting intimidation,
diesrderly conduct, drug sale, drug use,
or drug distribution or remain in an area
where disordeny conduct is occumng
or has occurred after being told by
police to move from the area. Among
the creumstances that may be
considered in determining whether
such loitering is manifested are that
such person:
(1) Is a known drag deatec, or
(2) Has a gang affiitation; or
(3) Is in a group of three or more
peop!e !n a public place without the
or aUthedb7 of the adjacent
property owner or resident ane
repeatedly beckons [o, stops, or
attempts to stop or engage passers by
~n unsolicited conversation; or
repeatedly stops or attempts to stop
motor vehicles by yelling, hailing,
waving of arms, giving hand signals or
other similar bodily gestures, or calling
out gang names; or
(4) -is in a group of three or more
people for a pedod of time longer than
15 minutes in a public place where
dieerdedy conduct is occurring or has
recently occurred; or
(5) Is making repeated exchanges
of packages or money with other
for short periods of
time when none of the parties to the
exchange have a vaitc permit
engage in business or solicitation; er
(6) Evidences an intent to establish
a public place as the territory of a gang
including the verbalization of gang
names and/or the use of qeed signals
known to be gang related.
Section 2. This ordinance shait take
effect upon publication.
357 Regular Session, October 5, 1998
Past, Approved and Adopted this 5th
day of October, 1998.
Terrance M. Duggan, Mayor
Attest:. Mann A. Davis, City Clerk
Published oacially in the Telegraph
Herald newspaper this 12th day of
October, 1998
Mary A. Davis CMC, City Clerk
It 10/12
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council ~leetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Robbins. Motion carded 7-0. Buol
moved final considerafion and passage
of the Ordinance. Seconded by
Robbins Motion carded 7-0.
Long Range Planning Advisory
Commission submitting their
recommendations for future land use in
Areas 13 & 14, presented and read.
Michaiski moved that the
communication be received and filed.
Seconded by Voetberg. Motion carded
City Manager requesting approval of
staff's recommendations for future land
use in Area 13 (lying west and north of
the Dubuque Industrial Center West,
and south of the City of Asbury) and
Area 14 (lying nedh of the Dubuque
Technology Park and includes par~ of
the Mines of Spain) and suggested
modifications to Long Range Planning
Advisory Commission's
recommendation presented and read.
Michalski moved that the
communication be received and filed
and approved City Manager's and
staff's recommendation. Seconded by
Voetberg. Motion carded 7~0.
City Manager 'ecommending '
approval of proposal for a $4,800
contract with Webb Alliance for
sen/ices to enhance customer relations
for the Housing Department and begin
a planning process for develooment of
a strategic plan for houalng activ~es.
presented and read. Voetberg moved
that the communication be receiveo
and filed and recommendafio~
approved. Seconded by Michalski.
Motion carded 7~0.
City Manager recommending
approval of a financing package for
CarteGraph Systems, presented and
read. Markham moved that the
communication De received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 445-98
A RESOLUTION AUTHORIZING THE
EXECUTION OF A COMMUNITY
ECONOMIC BETTERMENT
ACCOUNT LOAN AGREEMENT FOR
TWO HUNDRED FORTY THOUSAND
DOLLARS ($240,000) WITH
CARTEGRAPH SYSTEMS, INC.
Whereas, the Community Economic
Betterment Account (CEBA) program
has been created by the Iowa
Department of Economic Development
to assist in the economic development
efforts of local jurisdictions: aha
Whereas. on July 16, 1998, the City
of Dubuque, Iowa was awarded a two
hundred for[y thousand dollar
($240,000) part forgivable and part no-
interest loan from the CEBA program
by the Iowa Department of Economic
Development; and
Whereas, the City of Dubuque, Iowa
desires to assist CarteGraph Systems,
inc. in its efforts to expand its
operations in Dubuque and create new,
permanent employment opportunities
for local citizens; and
Whereas, a CEBA Loan Agreement,
hereto attached and by this reference
made a part hereof, is to be executed
between the Iowa Department of
Economic Development, CarteGraph
Systems, Inc. and the City of Dubuque,
Iowa.
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and
Corporation Counsel be and they are
hereby authorized and directed ro
endorse, on behaif of the City Council
of the City of Dubuque, Iowa, the
attached CEBA Loan Agreement.
Section 2. Thatthe City Manager be
and he is hereby authorized to disburse
loan funds to CarteGraph Systems, Inc.
from the CEBA program in accordance
with the terms and conditions of the
executed Agreement.
Passed, approved and adopted this
5th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 446-98
A RESOLUTION AUTHORIZING ECIA
BUSINESS GROWTH, INC. TO
PROCEED WITH A LOAN FROM THE
CITY OF DUBUQUE'S PORTION OF
Req ular Session, oCtobA~ 5, i998
358
THE EDA REVOLVING LOAN FUND
OF TWO HUNDRED THOUSAND
DOLLARS ($200,000) TO
CARTEGRAPH SYSTEMS, INC.
Whereas, the City of Dubuque has
funded a poKdon of the Economic
Development Administration's (EDA)
Revolving Loan Fund (RLF) which is
administered by EC1A Business
Growth, lnc.; and
Whereas, CarteGraph Systems, Inc.
has requested tinancia] assistance
from ECIA Business Growth, Inc. of two
hundred thousand ($200,000) to
purchase equipment as part of their
planned business expansion; and
Whereas, ECIA Business Growth,
Inc. has reviewed the request and
asked that the City Council authorize
the use of loan funds from the Cb of
Dubuque's poCdon of the EDA
Revolving Loan Fund; and
Whereas, the City of Dubuque, Iowa
desires to assist CarteGraph Systems,
Inc. in this expansion.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1._ That ECIA Business
Growth, Inc. is hereby authorized to
proceed with a loan of $200,000 to
CarteGraph Systems, Inc. from the City
of Dubuque's podJon of the EDA
RevoMng Loan Fund.
Section 2. That the Cb Clerk is
hereby directed to notify ECIA
Business Growth, Inc. of said
authorization by transmitting a cadJfied
copy of this Resolution.
Passed, approved and adopted this
5th day of Qctober, 1998.
Terrence M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Markham moved adop~on of the
Resolution. Seconded by Nichoison.
Motion carded 7-0.
City Manager responding to
Councifs direction regarding Lifetime
Center's Requesz, presented and read.
Nichoison moved that the
communication be received and tiled
and concurred with the
recommendation. Seconded by
Michaiski. Motion carded 7-6.
Council Member Michalsid
requesting reconsideration ox aclion
taken on the motion at mee~ng of 9-21-
98 regarding "False and Freudulent
Reports," presented and rea~. Vote on
the following motion which was passed
at the Council MeeIJng of 9-21-98:
"From this point forward, if there is a
situation that does involve a non*
!insured motodst at a pemonal injury
accident, that they also be issued a
citation under our Section 33-4, if in
fact they give us false or fraudulent
information at the scene" was as
follows: Yeas--Duggan, Robbins.
Nays---Buci, Markham, MichalskJ,
Nicholson, Voetberg. Motion failed.
City Manager requesting a public
headng be set for October 19th to
amend the Lease with the Dubuque
Arboretum Association, presented and
read. Council Member Voetberg
moved that the communication be
received and tiled. Seconded by
Council Member Robbins. Motion
carried 7-0.
RESOLUTION NO. 447-98
RESOLUTION DECLARING CITY
COUNCIL INTENT TO AMEND THE
LEASE AGREEMENT WITH
DUBUQUE ARBORETUM
ASSOCIATION FOR SEC3qON OF
MARSHALL PARK
WHEREAS, the City is the Lessor
and the Association is the Lessee
un der the terms of a Lease Agreement
entered into on July28, 1992; and
WHEREAS, the Association desires
to amend Section 6. (a); and
WHEREAS, it is deemed to be in the
best interes! of both pa~es to the
Lease Agreement that this First
Arriendment to Lease Agreement be
approved,
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That it is the intent ofthe
City Council of the City of Dubuque,
Iowa, to amend the leese~ after a
public hearing: of- the Dubuque
Arboretum Association of Marshall
Park, located in the City of Dubuquff,
for the purpose of extending to January
1, 2002, the-requirement for the
Association to cut grass in the park and
remove snow,
Se~on 2. Thatthel~rstamendment,
at~ached hereto and made a part-
hereof, of such property shall be for the
term of the original lesse agreement,
and shall be subject to such terms and
condi~ons as set forth in the lease
agreement
Section 3. That the City Clerk is
hereby directed to give notice in the
manner required by law of a public
hearing to be held on October 19,
1998, at 7:00 p.m~ in the City C~uncil
Chambem, Carnegie-Stout Public
Library, Dubuque, iowa, at which ~ime
and place all interested parties will be '
359 Regular Session, October 5, 1998
given opportunity to be heard for or
against the proposal to lease the facility
nerein described.
Passec approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager requesting a public
headng be set for October 19th to
consider voluntary annexation of 1.15
acres of City-owned land on the west
side of Seippel Road, presented and
read. Vostberg moved that the
communication be received and flied
and request approved for the Hearing
on 10-19-98 at 7:00 p.m. in the Public
Library Audito{~um. Seconded by
Robbins. Motion carried 7-0.
C~y Manager submitting Fiscal Year
1998 Capital and Operating Budget
Carryovers and reque~ng a public
hearing be set l~or October 19fi'
consider an amendment to the Fiscal
Year 1999 E~udget, presented and
read. VoetDerg moved that the
communication be received ane flied.
Seconded by Robbins Motion carried
7-0.
RESOLUTION NO. 448-98
RESOLUTION DIRECTING THE CITY
CLERK TO PUBLISH PROPOSED
AMENDMENT TO THE FISCAL YEAR
1999 BUDGET AND DATE OF
PUBLIC HEARING
Whereas, it is proposed that the City
of Dubuque amend its Fiscal Year
1999 budget;, and
Whereas, Section 384.16 of the
Code of Iowa stipulates that a pubtic
heating must be held on such a budget
amendment.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section I. That the City Clerk be
and is hereby authorized and directed
to publish notice of public hearing on
an amendment To the adopted budget
for the City of Dubuque, Iowa.
Passee, approved and adopted this
5th day of October 1998.
Torrance M. Duggan, Mayor
Attest:. Mary A. Davis, Ci~ Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
City Manager submitting documents
providing for construction of Curb
Ramp Installstion az 17th Street,
oresented and read. Micha]ski moved
that the communication De received
and filed. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 449-98
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,
specitications, form of contract and
estimated cost for the Curb Ramp
installation - 17th Street Area, in the
estimated amount of $49,234.00, are
hereby approved and ordered flied in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
5th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 450-98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the '
C~
of Dubuque, Iowa qas given ti~
preliminary approval on the proposed
plans, specifications, and form of
contract and ~laced same on file in the
office of the City Clerk for public
inspe~on of the Curb Ramp
Installation - 17th Street Area.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE~ IOWA:
That on the 2nd day of November,
1998, a public heating 'MIl be held at
7:00 p.m. n the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans end
specifications, [orm of contrect 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 fou~ days
nor more than twenty days prior to the
day fixed for its consideretion. 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
5th day of October, 1998
Regular Session, October
360
Torrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
MichaiskJ moved adoption of the
Resolution. Seconded byBuol. Motion
carried 7-0.
RESOLUTION NO. 451-98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Curb Ramp Installation -
17th Street Area is hereby ordered to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertse for bids for the cons[ruction
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 22nd day
of October, 1998. Bids shall be
opened and read by the City Clerk at
said time and will be subrri~ed to the
Council for final actibn at 7:00 p.m. on
the 2nd day of November 1998.
Passed, adopted and approved this
5th day of October, 1998.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Michaisld moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
City Manager recommending to
vacate porton of Kirkwood St., formerly
known as Union Ave., Presented and
read. Voetberg movaP that the
communication be received and tited.
Seconded by Budi. Motion carried 7-0.
An Ordinance Vacating a podion of
Kirkwood Street formedy known as
Union Avenue, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 65-98
ORDINANCE VACATING A PORTION
OF KIRKWOOD STREET FORMERLY
KNOWN AS UNION AVENUE
Whereas, Nelson & Mona Kiavit[er
have requested the vacating of a
portion of Kirkwood Street formerly
known as Union Avenue: and
Whereas Cad F. Bartsls prepared a
plet in 1949 showing what had been
assumed as the vacated portion of
what was then Union Avenue in the
City of Dubuque, Dubuque County,
iowa; and
Whereas, this portbn of what was
then Union Avenue was never formally
vacated by the City Council; and
Whereas, the City Council of the City
of Dubuque Iowa has determined that
this portion of Kirkwood Street is no
longer required for public use, and
vacating of said Kirkwood Street
formerly known as Union Avenue
abatlJng Lots 83 and 84 ofA. P. Wood's
Add,on in the City of Dubuque,
Dubuque County, Iowa lying between
the original northedy fight--of-way line of
Union Avenue and the northerly right-
of-way line of Kirkwood Street as
presently used as shown in a plat
prepared by Bussing and Associates
dated August 31, 1998.
Whereas, Buesing and Associates,
has prepared a plat of said vacated
parton of Kirkwood Street to be known
as Lots 83A and 84A of A.P. Woods
Addition; and
NOW, THEREFORE. BE it
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the real estate
descfibed as the porto~ of Union
Avenue abatling Lots 83 and 84 of A.P.
Wood's Addition in the City of
Dubuque, Dubuque County, iowa lying
between the original northerly right-of-
way line of Union Avenue and the
northerly fight-of-way line of Kirkwood
Street as pre. sen'dy used as shown In a
plat prepared by Bussing and
Associates dated August 31, 1998 be
vacated.
Passed, approved and adopted this
5th day of October, 1998.
Terranca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published ofiicial~y in the Telegraph
Herald newspaper this 12th day of
October, t998.
- Mary A. Davis CMC, City Clerk
It 10/12 -
Voetberg moved t~at
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 tinally
passed be suspended. Seconded by
Buol. Motion carried 7-0. Voetberg
moved final consideration and passage
of the Ordinance. Seconded by Budi.
Motion Carried 7-0.
RESOLUTION NO. 452-98
RESOLUTION DISPOSING OF CITY
INTEREST IN A VACATED PORTION
361 Regular Sessio~ October 5, 1998
OF KIRKWOOD STREET,
FORMERLY UNION AVENUE IN
DUBUQUE, IOWA
Whereas, Nelson & Mens Klavitter
~ave requested the vacation of a
portion of Kirkwood Street formedy
Union Avenue: and
Whereas, Carl F. Barrels prepared a
plat in 1949 showing what had bee~
assumed as the vacated ps.on of
Union Avenue; and
Whereas, the City Council of the City
of Dubuque. Iowa has determined that
this portion of vacated Kirkwood Street
is no longer required for public use.
and the sale of said portion of street in
the City of Dubuque, Dubuque County,
Iowa should be approved; and
Whereas. Buesing and Associates
has prepared a plat of said vacated
portion of Kirkwood Street to be known
as Lots 83A and 84A of A.P. Woods
Addition; and
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY CQUNCIL
OF THE CITY OF DUBUQUE. iOWA:
Section 1. Thatthe CityofDubuque
intends to dispose of its interest in a
portion of vacated Kirkwood Street in
the City of Dubuque, Iowa.
Section 2. That the conveyance of
me portions of Kirkwood Street abutting
Lots 83 and 84 of A.P. Wood's AddiSon
in the City of Dubuque, Dubuque
County, Iowa lying between the original
northerly right-of-way line of Union
Avenue and the northeriy right-of-way
line of Kirkwoed Street as presently
used to be known as Lot 83A and 84A
of A.P. Wood's Addition. all as showing
~n a plat prepared by Bussing and
Associates, m Nelson & Mona KJavitter
be and the same is hereby approved
for the sum of $1.00 plus the cos[ of
~ubilcation, platting and filing fees;
conveyance shall be by Quit Claim
Deed.
Sectioc 3 That the City Clerk be
and is hereby authorized and directed
to cause and notice of intent to dispose
of said real esta[e in the manner as
prescribed by Jaw.
Passed, approved and adopted this
5th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adopdon of the
Resslutio~ and set this for PubJic
Hearing on 10-19-98 at 7:00 p.m. in the
Public Library Auditorium and direct the
City Clerk To publish notice in the
manner prescribed by law Seconded
by Buol. Motion carded 7-0.
City Manager requesting public
hearing be set for November 16th to
consider disposing of Lot 4 and Lot 5 c'
Block 2 of Dubuque Technology Park
to ADC Properties, LC., presented and
read. Voatoerg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 453-98
RESOLUTION (1) APPROVING THE
MINIMUM REQUIREMENTS,
COMPETITIVE CRITERIA, OFFERING
PROCEDURES FOR DISPOSITION
OF CERTAIN URBAN RENEWAL
PROPERTY; (2) DETERMINING THAT
THE PROPOSAL SUBMITTED BY
ADC PROPERTIES, L.C., SATISFIES
THE OFFERING REQUIREMENTS
AND DECLARING THE INTENT OF
THE CITY TO ENTER INTO THE
DEVELOPMENT AGREEMENT WITH
ADC PROPERTIES, L.C. AND
ADVANCED DATA-COMM, INC. IN
THE EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; ANO
(3) SOLICITING COMPETING
PROPOSALS
Whereas, the City of Dubuque, Iowa,
did on Apdl 7, 1997, adopt an Urban
Renewal Project ~(nown as the
Dubuque Industrial Center South
Economic Development District (the
"Plan"} for the urban renewal area
described therein; and
Whereas, such Plan provides for,
among other things, the disposition of
properties for private development
purposes as a proposed renewal
action; and
Whereas, ADC Properties, L.C.
("Developer") and Advanced Data-
Corem, Inc. ("Employer") have
submitted to the City a specific
proposal for the acquisition of certain
property hereinafter described for the
development of a corpore[e office,
together with the request that this
property be made available for
disposition as rapidly as possible; and
Whereas. in order [o establish
reasonably competitive bidding
procedures ' for disposition - of the
property in accordance with the
statutory requirements of Chapter 403,
Code of Iowa, 1997, particularly
Section 403.8, and to assure that the
City extends a full and fair opportun~
[o all developers interested In
submitting a proposal, a summary of
submission requirements and minimum
requirements and .competithre cdteda
Re,qu ar Session,
for the property offedng has been
prepared and is attached hereto as
Exhibit "A' and by this reference is
made a part hereof, which Sets out the
minimum requirements each proposal
must satisfy in order to qual~ for
consideration with respect to the
competitive criteria, the information and
documents which must be subm~ed,
and the schedule for submission and
compet~ve bid-off procedures; and
Whereas, said Developer and
Employer have tendered a
Development Agreement with the City,
attached hereto as Exhibit "B", which
proposes the development of a
corporate office on this properS, and
Whereas, to both recognize the firm
proposal for disposi~on of the property
already received by the City, as
described above, and to give full and
fair opportunity to other developers
interested in subm~ng a proposel for
development of the property, this
Council should by this Resolution:
1) Set the Fair Market Value of the
parcel as determined by an
independent appraiser for uses in
accordance with the Urban Renewal_
Plan; .
2) APprove the Guidelinas for
Developers for the Dubuque Industrial
Center South Economic Development
District Urban Renewal Plan Area for
submission of proposals for the
purchase and development of the
property and the minimum
requirements and competitive criteria
attached hereto as Exhibit "A';
3) Approve as to form the Developer's
and Employer's proposed Development
Agreement attached hereto as Exhibit
4) Set a date for receipt of competing
proposals and the opening thereof;
establish a: procedure for each
proponent to better its praposel and set
a cutoff time for such modification; and
provide for review of such proposals
with recommendations to this Council
in accordance with established
procedures;
5) Declare that the proposal submitted
by Developer and Employer satisfies
the requirements of the offering~ and .
that in the event no other qualified ·
proposal is timely submitted that the'
City intends to accept such proposel
and enter into the Development
Agreement and direct publication of
notice of said intent;
6) Approve and direct publica'~on of a
notice to advise any would be
competitors of the opportunity to
compete for purchase of the property
October 5~ 1998 362
for development on the terms and
conditions set out above:
7) Declare that in the event another
qualified proposal is timsiy submitted
and accepted, another and future
notice will be published on the intent of
the City to enter into the resulting
contract, as required bylaw; and
Whereas. this Counc~ believes it is
in the best interest of the City and the
Plan to act as expeditiously as possible
to offer this property for development
as set forth herein.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the follo~ng
described properly shall be offered for
development in accordance with the
Terms and coati, ions contained in this
Resolution, to wit:
Lots 4 & 5, Block 2 of Dubuque
Technology Park, i~ the City of
Dubuque, Dubuque County, Iowa.
Section2. That the Fair Market
Value of the property shall be $76,230
per buildable acre which ~s as
recommended in the August 21, 1998
appraisal report prepared bythe Robert
Felderman of Felderma~ A~praisals.
Section 3_ That it- is hereby
determined that in order to qualify for
consideration for selection each
Developer must submit a proposal
which meets these minimum
requirements:
~h ) Contains an agreement to acauira
e property at not less than the Fair
Market Value for use in accordance
with the Plan;
b) Is for the developmant of the
property for use by expanding and new
businesses in conformance with the
Plan and is not for speculative
development;
c) Includes a construction schedule in
which the construction of approximately
60,000 square feet of building space is
substantially complete on or before the
31st day of January, 2000;
d) Sets out or provides through other
means acceptable [o the City the
proposed developer's experience in
working with other development
projects and with construction; and
e) Sets out or provides through other
means acceptable to the CH the
experience of the principals and key
staff WhO are dira~y engaged in
performance of con~act obligations in
carting out projects of similar scale
and character.
Section 4. That it is hereby
determined that each propasai which
satisfies the minimum requirements as
363 Regular Sessiot~, October 5, 1998
determined by the City, shall be
reviewed on the basis of the strength of
such proposal as judged by the
following competitive criteria:
a) Quality of the proposa
1) The overall cost of the project; and
2) The types of materiels shown for
construction of the structur6.
b) Architectural design of the proposed
development
1) Compatibility of the design with
surrounding structures, vistae,
vehicular activities and future
development of adjacent property;,
2) The Junctional design of the site,
structure and all public spaces; and
3) The aesthetic quelity of the
develocment.
c] Economic feasibility of the proposed
development
1) The economic return to the
community provided by the proposed
development including, but not limited
to, the property and sales ~ax
generated, the number of jobs provided
and the encouragement of similar and
related development in the urban
renewal district; and
2) The ability of the prospective
developer to finance and complate the
project as proposed.
Section 5. That the proposed
Development Agreement by and
among the City, Developer and
Employer, be and is hereby approved
as to form for the purposes hereinafter
stated.
Section 6. That for the ;urpose of
defining the offering of the property for
development, said Development
Agreement shall be deemed to be
illustrative of the mrms acceptable to
the City with respect to:
a) Purchase price;
b) Conveyance of property;
c) Required minimum improvements;
d) Timing ofimorovements;
e) City participation;
f) Covenants;
g) Events of Default and Remedies;
and
h) General terms and provisions
provided, however that each
competing prcpesel and contract shall
be permitted to: :
a; Devise and report its own design for
development so long as the minimum
requirements set out in Exhibit "A" are
met;
b) Devise and report its own method
and sources of financing, so long as
SUCh proposal is sufficient to assure
financing of the project in a timely
manner; and
c) AJIow taking possession of the
property to be delayed for up to six (6)
months after the execution of the
contrast.
No other substantive deviations will
be permitted
Section 7. That the proposed
Development Agreement submitted by
the Developer and Employer satisfies
the requirements ~fthe offering and, in
the event that no other qualified
proposals are timely submitted, that the
City enter into said Agreement is
hereby accepted and approved.
Section 8. That il is hereby
determined that the Developer
possesses the qualifications, financial
resources and legal abilit), necessary to
acquire and develop the property in the
manner proposed by this offering in
accordance with the Plan.
Section 9. That it is hereby
determined that the dispos~on price for
the property offered to the Developer
shall be in Lhe amount of the Fair
Market Value as established by this
Council for uses in accordance with the
Plan.
Section 10. That the C~ Clerk shall
receive and retain for public
exam[nation the attached Developmen[
Agreement submitted by the Developer
and Employer and, in the event no
other qualified proposals are fimaly
submitted, sba resubmit the same to
this Council for final apprevel and
execution upon expirafion of the notice
hereinafter prescribed.
Section 11. That the acfion of this
Council be considereo to be and does
hereby constitute notice to all
concerned of the intention of this
Council, in the event that no other
quailed pmposats are timely
submitted, to accept the proposal of the
Developer and Employer to acquire
and develop the property and to enter
into the Development Agreement by
and among the City, Developer and
Employer.
Section 12. That the official notice of
this offering and of the intent of the
City, in the event no ether qualified
proposals are timely submitted, to enter
into said Development Agreement,
shall be a true copy of this Resalution,
but withoul the attachments referredto
herein.
Section 13. That the City Clerk is
authorized and directed to secure
immediate publication of said official
notice in the Teleoraph Herald, a
newspaper having a general circulation
in the community, by publication of the
text of this Resolution without
attachments on or before the 8th day of
Reqular Session, October 5, i{)98
October, 1998.
Section 14. That written proposals
for the sale and development of the
property will be received by the City
Clerk at or before 10:00 a.m.,
November 12, 1998. in the Office of the
City Clerk, located on the first floor at
City Hall, Dubuque, Iowa 52001. Each
proposal will be opened at the hour of
10:00 a.m. in City Hall, Dubuque, Iowa
on November 12, 1998. Said
proposals will then be presented to the
City Council at 7:00 p.m., November
16, 1998, at a meeting to be held in the
Auditorium of the Carnegie Stout Public
Library, Dubuque, iowa.
Se~on 15. That such offering shall
be in substantial conformance with the
provisions of Section 403.8, Code of
iowa. requiting "reasonable compe~va
bidding procedures' as are hereby
prescribed which method is hereby
determined to be the appropriate
method for making the Property
available for development.
Section 16. That the required
documents for the submission of a
proposal shall be in substantial
conform~ with the provisions of this
Resolution.
Section 17. That the City Clerk is
hereby nominated and appointed as
the agent of the City of Dubuque, Iowa
to receive proposals for the sale of the
property at the date and according to
the procedure hereinabove specified
for receipt of such proposals and to
proceed at such time to formally
acknowledge receipt of each of such
proposals by noting the receipt of same
in the Minutes of the Council; that the
City Manager is hereby authorized and
directed to make preliminary analysis
of each such proposal for compliance
with the m~nlmum requirements
established by this Council
heroinabove. For each proposal which
satisfies these requirements, the
Counc~ shall judge the strength of the
proposal by the competitive criteria
established hereinabove. The Council
shall then make the final evaluation
and sele~on of the proposals.
Section 18. That following receipt of
competing proposals, the Developer
shall have until 10:00 a.m. or
November 23, 1998, to amend its
proposal in response and to deliver
same to the City Clerk.
Section 19. That if, and only if,
competing proposals are received and
determined by the Council to meet the
minimum requirements of this
Resolution, and the Devaloper amends
ifs proposal in response thereto, such
364 '
Council shall forthwith schedule a
meeting within seven (7) days after
November 23, 1998, at which meeting
there shall be a bid-off, each proposal
against the other, seriatim starting with
the second proposal received until
such time as each proponent for the
sale of the property shall decline to
improve its bid in response to the last
bid ofthe o'~her bidder or bidders. The
pedod of time to be allowed for such
bid-off shall not be in excess of three
consecutive hours on said data. The
rules of such bid-off shall be as
informally determined oy the Council at
or before such bid-off period and shall
be absolute.
Section 20. That n the event another
qualified proposal is timely submitted
and accepted by the City, another and
further notice shall be published of the
intent of the City of Dubuque, Iowa, to
enter into the resulting contract, as
required by law.
Passed, approved and adopted this
5th day of October, 1998.
Terrance M. Duggan, Mayor'
Attest: MaryA. Davis, City Clerk
Voatberg moved adoption of the
Resolution and set this matter for
Public Hearing on 11-16-98 at 7:00
p.m. in the Public Library Auditorium.
Seconded by Nicholson. Motion
carried 7-0.
There being no further business,
Michaiski moved that the meeting be
adjourned. Seconded by Robbins.
Motion carried 7-0. The meeting
adjourned at 8:54 p.m.
/s! Mary A. Davis CMC
City Clerk
365 Regular Session, October 5, 1998
^~,~,,-o,,,ed.~---~-~-./.¢,¢/. "i998
Adopted ~,,¢.~.,,¢~,.,.~[~¢/~ , 1998
Council Membem
A~est:
Ci~ Cler~
Reqular Session, October 19, 1998
366
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Proofs of Publication on Notice of
publishing List of Claims and Summary
of Revenues for month ending 8-31-98;
Council Proceedings for meefing of 9-
21, presented and teac. Voetberg
moved that the communication be
received and fi]ed. Seconded by
Robbins. Motion carried 6-0.
City Council, Regular Session,
October 19, 1998.
Coundl Met at 7:00 p.m., Public
Library Auditorium.
Present: Mayor Duggan, Council
Members Buol, Michaiski, Nichoison,
Robbins. Vcetberg, City Manager
Michaai Van MlllJgen, Corpora~on
Counsai BarryA. LindahL
Absent: Council Member Markham.
Mayor D~ggan read the call and
stated this is the Regular Session of
the C~, Council called for the purpose
to act upon such business which may
properly come before the Council
Invocation was given by Rev. Dr.
Ann Hoch, Assistant Dean of The
University of Dubuque's Theological
Seminary.
Proclamation: Oct_ 23-31 as "Red
Ribbon Week' received by Katie
Hemmer and Beth Adai]; and Ney. I as
"American Heart Walk Day" received
by Becky Staffen and Rick Beeeher.
MINUTES SUBMITTED -- Cable
Community Teleprogramming
Comm~saion of 10-6; Civil Service
Commission of 9-11; Human Rights
Commission of 8-10; Zoning Board of
Adjustment of 9-24; Zoning Advisory
Commission of 10-7, upon motion
received and fled. Vcetperg moved
that the communica~on be received
and flied. Seconded by Robbir~s.
Motion carried 6-0.
Finance Director subm~ng report
for month ending Septamber 30, 1998,
presented and read. Vcetberg movec
that the communication be received
and flied. Seconded by Robbins.
Motion carried 6-0.
City Manager submitting Quarterly
thvestment Report for period of July 1,
1998 to September 30, 1998,
presented and read. Voetberg moved
that the communication be received
and flied. Seconded by Robbies
Motion carried 6-0.
Pdntad Council Proceedings for
month of September, 1998, presented
and reaa. Voetberg moved that the
proceedings be approved as pdntad.
Seconded by Robbins. Motion carried
6-0.
Convention Visitors Bureau
submitting their 1st quarterly report,
presented and read. Voetberg moved
that the communication be received
and fled_ Seconded by Robbins.
Motion carried 6-0.
NOTICES OF CLAIMS/SUTS __
William N. Brown (8 claims) advising of
damages done during construction of
water main installation; Chr~ Johnson
in amount of $50.00 for personal
injuries, presented and read. Voetberg
moved that the claims and suits be
referred to the Legal Staff for
investigation and report. Seconded by
Robbins. Motion carried 6-0.
Leo F. & Geraldine J. Westmark,
appealing denial of property damage
claim, presented and read. Voetberg
moved that the =laim be referred to the
Legal Staff for investigation and reper~
Seconded by Robbins. Motion carried
6-0.
Corporation Counsel advising
following claims have been referred to
Public EnfY0/Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Posi: Persona injury of
Nanci Butler, Personal injury of Jo-an
Reinhoit, presented and read.
Voetberg moved that the
communication be. recefved and filed.
Seconded by Robbins. Motion carried
October 12, 1998
Honorable Mayor and Members of
:he City Council
in accoruance with Chapter 400 of
the 1997 Code of Iowa, the Civi~
Service Commission conducted a
written examination on September 30,
1998 for the position of Equipment
Operator II.
We herebY; cer~ that the following
indMduais have passed this written
Regular Session, October 19, 1998
exam[nation and the vacancy for this
position should be made from this rist.
We further state that this list is good for
cwo years from above dats.
John Huekels Scott Pape
John P. Gil[en Vincent Conner
Tim _attner Dale Gross
Raymond Behnke Thomas Kramer
Bdan Kohn Pau! Herman
John Leytem Terry J. Leibold
Randall Ludowitz Luke Duve
Jeff Stout
Respectfully submitted,
/s/Mede J. Duehr, Jr., Chairperson
Is~ Lores J. Kluesner
~/Thomas E. Rawson
CMl Service Commission
Voetberg moved that the above CMl
Service certification be made a matter
of record. Seconded by Robbins.
Mofion carded 6-0.
LifeTime Center expressing their
appreciafion given by the C~ Council
regarding their request for assistance,
presented and read. Voetberg moved
that the communicafion be received
and tiled. Seconded by Robbins.
Motion carded 6.0.
C~ of Asbury advising of voluntary
annexafion of property lying west of the
City's corporate limits as requested by
Chades Uskavitch, Jr., presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
6-0.
Ar0edcan Legion Post ¢-8 advising of
acqumng decommissioned excess
military equipment and requesting a
concrete Dec ~o set item on, possibly
a~ ares in Marshall Park, presented
and read. Voetber9 moved that the
communication be referred to the City
Manager and Staff. Seconded oy
Robbins Motion carded 6-0.
Corporation Counsel advising of
Stipulation of Settlement of a tax
assessment appeal flied by Tru
Propedies, Inc.. presented and read.
Voetberg moved that the
communicafion be received and tiled.
Seconded by Robbins. Motion carded
6-0.
Zoning Advisory Commission
advising of their approval of final plat in
Dubuque Counzy adjacent to
Bardng~on Lake as requested by Todd
and Candaca Daising, presented and
read. Voetherg moved that the
communication be received and filed
Seconded by Robbins. Motion carried
6-0.
RESOLUTION NO. 454-98
A RESOLUTION APPROVING THE
SUBDIVISION PLAT OF LOT I AND
LOT 2 OF DALSlNG PLACE NO. 2 IN
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with
the City Clerk a subdivision plat of Lot
1 and Lot 2 of Daising Place No. 2 in
Dubuque County, Iowa; and
Whereas upon said subdivision plat
appear two 66.foot wide access
easements and one 26.foot wide
access easement; eno
Whereas. said subdivision plat has
been examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said subdivision plat has
been examined by the City Council and
they find that it conforms to the statutes
and ordinances relating to it, except
that no streets or pubric utilities have
yet been constructed or installed.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That the subdMaion plat
of Lot 1 and Lot 2 of Daising Place No.
2 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
subdivision plat
Sectio~ 2. That the City Council
hereby waives Arficle IV. Design and
improvement Standards, of the
SubdMsion Regulations, except
Sec~on 42-19, Lots and BlocKs.
Passed, approved and adopted this
19th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Voether9 moved adoption of ihe
Resolution. Seconded by Robbins: .
Mot~on carded 6-0.
Zoning Advisory Commission
advising of their approval of final plat of
property in Siegert's 2nd Place as
requested by William and Janet
Siegett, presented and read. Voetherg
moved that the communication be
received and filed. Seconded Dy
Robbins. Motion carded 6-0.
RESOLUTION NO. 455-98
A RESOLUTION APPROVING THE
IFINAL PLAT OF LOTS 1, 2, 3 AND 4
OF SIEGERT'S 2ND PLACE IN
DUBUQUE COUNTY, IOWA.
Re.qular Session, October 19, 1998
368
Whereas, there has been flied with
the City Clerk a final plat of Lets 1, 2, 3
and 4 of Sieger~s 2nd Place. in
Dubuque County, Iowa; and
Whereas, upon said final plat appear
streets known as Old Highway Road
and U.S. Highway 20; and
Whereas, said final plat has been
reviewed by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon; and
Whereas, said final plat has been
examined by the City Counc~ and they
find that it conforms to the statutes and
ordinances relating to it.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the final plat of Lots
1, 2, 3 and 4 of Slagert's 2nd Place in
Dubuque County 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.
Section 2. That the City Council
hereby waives Article IV, Design and
Improvement Standards, of the
Subdivision Regulations, except for
Sec~on 42~19, Lots and Blocks.
Passed, approved and adopted this
19th day of October, 1998.
Terrance M. Duggan, Mayor
A'CI"EST: Mary A. Davis, City Clerk
Voetherg moved adoption of the
Resdiution. Seconded by Robbins.
Motion carried 6-0.
Zoning Advisory Commission
advising of assessment of significant
change for property at 2570 Asbury
Rd., presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 6-0.
City Manager ~ecommending
acceptance of 1997 P.C. Concrete
Paving Preje~ upon motion received
and filed. Veetberg moved that the
communication be received and filed.
Seconded by Robbins Motion carried
6-0.
Jeff ~agle, 255 Kelly's Bluff, spoke
in appreciation of the Council's
assistance with this project
RESOLUTION NO. 456-98
ACCEPTING IMPROVEMENT
Whereas, the contract far the 1997
P.C. Concrete Paving Project - FY
I 1998 has been completed andthe City
Manager has examined the work and
flied his certificate stating that the
same has been complatad according to
the terms of the con~ract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section I. That the recommendation
of the City Manager be approved and
that said improvement be and the
same la hereby accepted.
BE IT FURTHER RESOLVED that
the City Treesurer be and he is hereby
directed to pay to the contractor from
Local Option Sales Tax in amount
equal to the amount of his contract,
less any retained percentage provided
for therein.
Passed, approved and adopted this
19th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: 'Mary A. Davis, City Clerk
Voetberg moved adoption 'of the
Resolution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 457-9~
FINAL ESTIMATE
Whereas, the contract for the 1997
P.C. Concrete Paving Project - FY
1998 has been complatad and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and .all miscallaneeus
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OFTHE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $1,065,452.41 and the said amount
shall be-paid from the Local Option
Sales Tax Fun~?f the C fly of Dubpque'
iowa.
Section 2. That $123,289.22 of the
cost thereof shall be assessable upon
private property and $942,163.19 shall
be paid from Loca[ Option Sales Tax
Fund.
Passed, approved and adopted this
19th day of October, 1998.
Terrence M. Duggan', Mayor
At~est: MaryA. Davis, C~ Clerk
Voetberg moved adoption of the
Reeetution. Seconded by Robbins.
Mofion carried 6-0.
369 Regular Session, October 19, 1998
RESOLUTION NO. 458-98
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE. 3E IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
That the attached sheets, I to 6
inclusive, are hereby determined to be
the schedule of proposed assessments
for the 1997 P.C. Concrete Paving
Project - FY 1998 and the va[uafions
set out herein are hereby approved.
Passed. approved and adopted this
1§th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Mofion carded 6-9.
City Manager recommending
acceptance of 15th Street Steps
Reconstruction Project, presented and
read. Voetberg moved adopfion of the
Resolufion. Seconded by Robbins.
Motion carried 6-0.
RESOLUTION NO. 459-98
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Street Steps Reconstruction Project
has been completed and the City
Manager has examined the work and
filed his certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends it
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1. Thatthe recommendafion
of the C~ Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the C~ Treasurer be and he is hereby
directed to pay to the contractor from
CDBG Fund and Locei Option Sales
Tax Fund in amount equal to the
amount of his contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
19th day of October, 1998.
Ten'ance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 460-98
FINAL ESTIMATE
Whereas, the contract for the 15th
Street Steps Reconstruction Project
has oeen corrpleted and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and ail miscellaneous
COS[S:
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of saic
improvement is hereby determined to
be $181,433.19 and the said amount
shall be paid [rom CDBG Fund and
Locei OPtiOn Seiss Tax Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 6-0.
City Manager recommending
acceptance of 1997 Harbor
Maintenance Dredging Project,
presented and read. Voetberg moved
that the communication be received
land filed. Seconded by Robbins.
~otion carded 6-0.
RESOLUTION NO. 461-98
ACCEPTING IMPROVEMENT
Whereas, the conzracz for the 1997
Harbor Maintenance Dredging Project
has peen completed and the City
Manager has examined the work and
flied his cer'dficate stating that the same
has been comeieted according to the
terms of the contrac[, plans 'and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OFTHE CITY OF DUBUQUE, IOWA:
Seclion 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
Local Op~on Sa[es Tax Fund in
amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
19th day of October, 1998.
Reqular Session~ October 19, 1998
370
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adop~cn of the
Resolution. Seconded by Robbins.
Motion carded 6-0.
RESOLUTION NO. 462-98
FINAL ESTIMATE
Whereas, the contract for the 1997
Harbor Maintenance Dredging Project
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of esfimates, notices
and inspection and a~l miscellaneous
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
!mprevement is hereby determined to
be $61,755.51 and the said amount
shall be paid from the Local Option
Saiss Tax Fund of the City of Dubuque,
Iowa.
Passed, appreved and adopted this
19th day of October, 1998.
Terrence M. Duggan~ Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution~ Seconded by Robbins.
Motion carded 6-0.
City Manager recommending
approval of Annual Performance and
Evaluation Report, presented and read.
Voetberg moved that the
communication be received and flied.
Seconded by Rabbins. Mution carried
6-0.
RESOLUTION NO. 463-98
RESOLUTION' AUTHORIZING THE
SUBMISSION OF A CONSOLIDATED
ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
FOR THE PERIOD COMMENCING
JULY 1, 1997 AND CONCLUDING
JUNE 30, 1998.
Whereas, the City of DL~buque, 10wa,~
is an entitlement grant recipient under
the Community Development Block:
Grant (CDBG) Program of the U.S.
Department of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulations
require that no later than ninety (90}
days after the completion of a program
year, each en~ement recipient must
submit a performance and evaluation
report, Consolidated Annual
Performance and Evaluation Report
(CAPER) and, * :
Whereas, the City has 1) prepared a
CAPER tar the program year
commencing July 1, 1997 and
concluding June 30, 1998; 2) published
nofice of availability of the CAPER
the Telegraph Herald and in the
Dubuque Adver~ser on September 14,
1998; 3) made copies of the CAPER
avaiisble for public review au the
Carnegie Stout Public Library, City Hall,
and Housing Se~ces Deparb-nent; 4)
a hearing pursuant
nolJce before the Community
Development Advisory Commission
and Housing Commission on October
1, 1998; and 5) requested an extension
from HUD for submission of the
CAPER; and
Whereas, the Community
Development Advisory Commission
and Housing Commission has voted to
approve the CAPER and to
recommend City Council apprevaL
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Consolidated
Annual Performance and Evaluation
Report (CAPER)
for the pedod commencing July 1, 1997
and concluding June 30, 1998, a copy
of which is attached, is hereby
approved far submission.
Se~o~ 2. That the Mayor of the
City of Dubuque is hereby authorized
and directed to execute the
Consolidated Annual Performance and
Evaluation Report {'CAPER) on behalf
of the City of Dubuque, Iowa.
Section 3. That the City
Manager is hereby authorized and
directed to submit the Consolidated
Annual Performance and Evaluation
Report (CAPER) m the U.S.
Department of Housing and Urban
Development.
Passed, approved and adopted this
19th dayof October, 1998.
Terrence M. Duggan, Mayor
Attest MaryA. Davis. City C~erk
Voetherg moved adoption of the
Resolution. Seconded by Robbins.
Mo~on carded 6-0.
City~ ~4anager recommit'ding
approval of Collective Bargaining
Agreement with Firefighters, presented
and read. Vostberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
6-0.
RESOLUTION NO. 464-98
APPROVING THE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THE DUBUQUE
37]. Regular Session, October 19, 1998
PROFESSIONAL FIREFIGHTERS
ASSOCIATION, LOCAL #353 AND
AUTHORIZING THE MAYOR TO SIGN
THE AGREEMENT
Whereas, the Sixty-Fifth General
Assembly adopted the Public
Employment Relations Act, Chapter 20,
Code of IOWa; and
Whereas, the City of Dubuque is a
public employer within the meaning of
Section 3 (1) of the Public Employment
Relations Act: and
Whereas, the Dubuque Professional
Firefighters Association. Local #353 is
an employee organization within the
meaning of Section 3 [4} of the Public
Employment Relations Act; and
Whereas, the Dubuque Professional
Firefighters Association, Local #353,
submitted a request to bargain
collectively on behalf of the employees
within its representation; and
Whereas, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL_
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the terms of the
agreement be approved and the Mayer
authorized and directed to sign the
collective bargaining agreement.
Passed, approved and adopted this
19th day of October, 1998
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, CH Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
City Manager recommending
approval of amended ICMA Deferred
Comoensation Plan, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Mefion carried
RESOLUTION NO. 465-98
APPROVING THE AMENDED ICMA
RETIREMENT CORPORATION
DEFERRED COMPENSATION PLAN
AND TRUST
Whereas, the Cit~ of Dubuque has
emp!oyees rendering valuable
services; and
Whereas, the City has established a
deferred compensation plan for such
employees that serves the interest of
the City by enabling it to provide
reasonable retirement security for its
employees by 9roviding increased
flexfbility in its personnel management
system, and by assisting in the
attraction and retention of competent
personnel: and
Whereas, the City has determined
that the continuance of the deferred
compensation plan will serve these
objectives; and
Whereas, amendments to the
Internal R~venue Code have been
enacted that require changes to the
stTucture of and allow enhancements of
the benefits of /he deferre:
compensation plan.
NOW, THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA
that the City hereby amends and
restates the deferred compensation
plan (the "Plan") in the form of the
ICMA Retirement Corporation Deferred
Compensation Plan and Trust attached
hereto.
BE IT FURTHER RESOLVED that
the assets of the Plan shall be held in
trust, with the Employer se~ing as
trustee, for the exclusive benefit of the
Plan ~arUcipants and their
beneficiaries, and the assem shall not
be diverted to any other purpose. The
Trustee's beneficial ownership of Plan
assets held in the ICMA Retirement
Trust shall be held for the further
exclusive benefit of the Plat,
participants and their beneficiaries:
BE iT FURTHER RESOLVED that
the Plan wi~ not permit loans.
BE IT FURTHER RESOLVED that
the City hereby agrees to serve as
trustee under the Plan.
Passed, approved and adopted this
19th day of October, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
CH Manager recommending
approval of Supplement #37 to the City
Code of Ordinances, presented and
read. Veetberg moved that the
communication be received and filed.
Seconded by Robbins. Mofion carried
6-0.
RESOLUTION NO. 466-98
ADOPTING SUPPLEMENT NO. 37 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 Qrdinances of the City of
Dubuque, Iowa for ordinances adopted
up to and including December 19,
Re,qular Sessi°n~ October 1911998
37?
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 pdntad as
supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that supple-
ments, by rsseiutior,, become part of
the Code of Ordinances.
NOW THEREFORE, BE IT
F~ESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No. 37
of the Code of Ordinances of the City
of Dubuque, Iowa, covedng Ordinances
through Ordinance No. 53-98 enacted
through August 3, 1998 and prepared
by the Sterling Cedifers, Inc., Weiser,
ID hereto flied in the Office of the City
Clerk of the CH 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
19th day of October, 1998. .
Terrenca VL Duggan, Mayor
Attest Mary,&. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins
Motion carded 6-0.
City Manager recommending
approval of filing a CEBA application.
presented and read. Voetherg moved
that the communication be received
and tiled. Seconded by Robbins.
Motiea carried 6-0.
RESOLUTION NO. 467-98
A RESOLUTION AUTHOPJZlNG THE
FILING OF A COMMUNITY
ECONO MIC BETTERMENT
ACCOUNT (CEBA) APPLICATION ON
BEHALF OF SWISS VALLEY FARMS,
CO.
Whereas, Swiss Valley Farms. Co.,
has proposed the expansion of its fluid
milk plant in Dubuque, Iowa; and
Whereas, the City Council of
Dubuque, Iowa has considered said
proposal and has determined that the
proposed project will contribute to the
local economy through the creation of
.~obs for area residents; and
Whereas, the-Iowa Department of
Economic Development's Community
Economic Betterment Account (CEBA)
was designed to assist in the economic
development efforts of Iocat
jurisdictions; and
Whereas, the City of Dubuque, Iowa
ia eligible to apply for funding from the
Community Economic Betterment
Account program.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the filing of an
applicaflon for participation in the Iowa
Community Economic Betterment
Account program on behalf of Swiss
Valley Farms, Co., is hereby approved.
Section 2. That the Iocei match as
identified in the application is hereby
approved_
Section 3. Thatthe Mayoris hereby
authorized and directed to execute and
submit said application to the State of
Iowa Economic Development
Commission together with such
documents as may be required.
Passed, approved, and adopted this
19th day of October, 1998.
Terrence M. Duggan, Mayor
Attas~. Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
City Manager recommending to
issue a Request for Proposals to hire
an ambulance b~ling se~ce, Voetberg
moved that the communication be
received and filed and recommendation
approved. Seconded by Robbins.
Mellon carded ~-0.
City Manager recommending
approval of a contract with Lores
Cetlege Center for Business & Social
Research to conduct a third annual
City-wide "rental unit survey,'
presented and read. Voetberg moved
that the communication be received
and tiled and recommendation
approved. Seconded by Robbins.
Motion carried 6-0.
City Manage~ ': recommending _
approval to endorse Renaissance '
Development's Application for Federal
Assistance for a-Rental Housing
Development on Carter Rd., presented
and read. ~ Voetherg moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
6-0.
RESOLUTION NO. 468-98
RESOLUTION AUTHOPJZING THE
CiTY COUNCIL TO ENDORSE
RENAISSANCE DEVELOPMENT'S
APPLICATION FOR FEDERAL
ASSISTANCE FOR A RENTAL
HOUSING DEVELOPMENT ON
CARTER ROAD.
373 Regular Session, October 1~, 1998
Whereas, the federsi government,
through Section 42 of the Internal
Revenue 2ode.
offers incentives for construction for
affordable rental housing which is
made available to Iow- and modern[e-
income households: and
Whereas, Renaissance
Development has submitted a~
application for low income housing tax
credits in connection w~th a proposed
project to construct 42 rental units,
located at 2600 Carter Road in the City
of Dubuque; and
Whereas. indicafion of City support
for me reauested federal assis[ance is
favorable to the own Finance
Authority's consideration of the
application.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque
endorses and supports Renaissance
Development's application for
credits to the owa Finance Authority,
for the intended project located at
Carter Road.
Section 2. The City Manager is
hereby authorized and directed to
¢orwarc this resolution to the Finance
Aathodty.
Passed, approved and adopted this
19th day of October, 1998.
Terrence M Duggan, Mayor
Attest: Map/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
City Manager recommending
approval to endorse the Iowa Housing
Corporation's Application for Fedora
Assistance for Renovation of the Iowa
Inn. presemea and read. Vostberg
moved that me communication be
received anc filed. Seconded by
Robbins. Motion carded 6~0.
RESOLUTION NO. 469-98
RESOLUTION AUTHORIZING THE
CITY COUNCIL TO ENDORSE THE
IOWA HOUSING CORPORATION'S
APPLICATION FOR FEDERAL
ASSISTANCE FOR RENOVATION OF
THE IOWA INN
Whereas the- federal government
through Section 42 of me Intema'
Revenue Code, offers incentives for
construction of affordable rental
housing which is made available to
Iow-and moderate-income households:
and
Whereas. the iowa Housing
Corporation has submitted an
application for Affordable Housing Tax
Credits in connection with a proposed
project to construct 32 rental units,
located atthe Iowa Inn:
Whereas, the City Council nas
established the renovation of the Iowa
Inn property as a first pdarity in the
interest of revitalization of the
downtown neighborhood: and
Whereas, the Council has amended
the downtown urban renewal distdct to
include the Iowa Inn properzy, in order
to establish the project's eligibilit~ for
assistance from proceeds of tax
increment district revenues; and has
committed in excess of $700,000 in city
funds for financing of this project; and
Whereas indication of City support
for the requested federal assistance is
favorable to the Iowa Finance
Authodty's consideration of the
application.
NOW, THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF DUBUQUE, IOWA:
Sectio~ 1. The City of Dubuque
endorses and supporus the Iowa
Housing Corporation's application for
tax credits m the Iowa Finance
Authorfb/, for the intended project.
Section 2. The City Manager is
hereby authorized and directed [o
forward this resolution to the Finance
Authority.
Passed. approved and adopted this
19th Day of October. 1998.
Torrance M Duggan, Mayor
Attest Map/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
RESOLUTION NO.470-g8
NOW. THEREFORE: BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOW,~
That the following having complied
wffh the provisions of law relating to the
sale of Cigare[[es within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
One Flight Up One Flight Up Inc.
44-48 Main St
Passed. approved and adopted this
19th day of October. 1998.
Torrance M. Duggan, Mayor
Attest: Map/A~ Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
RESOLUTION NO. 471-98
Whereas, applications for Beer
Reqular Session, October 1 ~, 1998
374
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 tiled
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
J & P O'Hara Inc.
Happy Joe's Ice Cream/Pizza+
(Sunday Sale) 855 Century Dr
Rigel Corp Godfather's Pizza
+(Sunday Sale) 1575 J.F.K. Rd
CLASS "C" BEER PERMIT
Iowa Oil Com. IOCO Speade Shop-po
# 93+(Sunday Sale) 3270 Dodge St
Mutgraw Oil Co. Plaza 20 AMOCO
Feodshop+(Sunday Sale)
2600 Dodge St
CLASS "BE" BEER PERMIT
Eagle Food Center, Ink
Eagle Food Center #320
+(Sunday Sale} 2050 J.F.K. Rd
Eagle Food Center, Inc.
Eagte Food Center #130
+(Sunday Sale) 1800 Etm St
Eagle Food Cantor, Inc.
Eagle Food Center #018
+(Sunday Sale} 300 S. Locust St
Passed, approved and adopted this
19th day October, 1998.
Terrance M. Duggen, Mayor
Attest: Mary A Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
RESOLUTION NO. 472-98
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 [o be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have flied
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/Jcense.
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
DAMA Corp. Rainbow Lounge
+(Sunday Sale) 36 W 4th St
Nelda L Bennett Old Shang
+(Sunday Sale} 1091 Main
Dog Gone, thc Dog House Lounge
+(Sun. & Outdoor Sale} 1646 Asbury
Passed, approved and adopted this
19th day of October, 1998.
Torrance M. Duggan, Mayor
Attest~ Ma~y A. Davis, City Clerk
Voetherg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
BOARDS AND cOMMiSSIONS:
APPOINTMENTS to following
Boards and Commissions.
ENVIRONMENTAL STEWARDSHIP
COMMISSION: Applicants -- Katie
Gustefson (Representing Youth), John
S. Bonnet[. Michael J. Buelow and
Sarah Schneider. Michatski moved
that Katie Gustefson be reappointed to
a one year term representing Youth
which will expire 10~1-99. Seconded
by Voetberg. Motion carried 6-0.
Vote on the other two vacancies was
as follows: Buol voted for Bennett and
Schneider. Duggan voted for Bennett
& Buelow. Michalsld voted for
Schneider and BueJow. Nicholson
voted for. Bennett and Buelow.
Robbins voted for Bennett and Buelow.
Voetberg voted for Bennett and
Buetow. Therefore, Michael J. Buelow
reappointed John S. Bennett
appointed to three year Terms on the
Environmental Stewardship
Commission which will expire October
1, 2001.
TV_ -- CABLE REGULATORY
COMMISSION: Applicant Craig
Schaefer. Voatberg moved that Craig
Schaefer De reappointed to a three
year term which will expire June
2001. Seconded by Nicholson. Motion
carried 6-0.
MichalskJ moved that the mlea
suspended to allow anyone present to
address the Counc~ if they so desire.
Seconded by Robbins. Motion carried
6-0.
Proof-of publicafiori certified to by
the Publisher on Notice of Public
Heating to consider amendment to
Lease Agreement with Dubuque
Arboretum Association.for section of
Marshall Park, and City Manager
recommending approval o' first
amendment to the lease, presented
and read. Voatberg moved that the
37_5 Regular Session, October 19, 1998
proof ane communication be received
and tiled. Seconded by MichaiskL
Motion carried 8-0.
RESOLUTION NO. 473-98
RESOLUTION APPROVING AN
AMENDMENT TO THE LEASE
AGREEMENT WITH DUBUQUE
ARBORETUM ASSOCIATION
WHEREAS, published not;ce of
date, time, and place of a public
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa, on the 9th day of
October, 1998, the City Council of the
City of Dubuque, Iowa, met on the 19th
day of October, 1998, at 7:00 p.m., in
the Public Library auditorium. Eleventh
ano Locust Streets, Dubuque, Iowa, to
consider the first amendment to the
Lease Agreement between the City of
Dubuque and the Dubuque Arboretum
Association. a copy of which is
at~ached hereto and incorporated
herein by reference; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or wetten, to the
lease agreement;
NOW THEREFORE, BE IT
RESOLVED BY THE C1TY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The amendment to the
Lease Agreement between the City of
Dubuque and Dubuque Arboretum
Association, a copy of which is
attached hereto, is hereby approved.
Section 2. The Mayor is authorized
and directed to execute the Lease
Agreement on behalf of the City of
Dubuque.
Passed. approved and adopted this
19th day of October. 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis. City Clerk
Voatberg moved aooption of the
Resolution. Seconded by Michalski.
Motion carried 6-0.
Proof of eublicatio~ certified to by
the Publisher on Notice of Public
Headng to consider annexing proper~y
to the City of Dubuque and City
Manager recommending to proceed
with annexation, presented and read.
Voetherg moved that the proof and
communication be received and filed
Seconded by Michaiski Motion carded
RESOLUTION NO. 474-98
RESOLUTION ANNEXING CERTAIN
PROPERTY TO THE CITY OF
DUBUQUE, IOWA.
Whereas, the City of Dubuque as
the owner of approximately 1.15 acres
of property lying outside the corporate
limits of the City of Dubuque, has
/ voluntarily petitioned for annexation of
j said territory to the City of Dubuque
t pursuant to Section 368.7 of the Code
of Iowa: and
Whereas, Chapter 368 of the Code
of Iowa authorizes the extension of City
limits in s'duations of this =haracter by
me adoption of a resolution after
notification as required by State
regulations; and
Whereas, Section 2-3 of the Zoning
Ordinance of the City of Dubuque
provides for the zoning of territory upon
annexation; and
Whereas, the future growth and
development of the City of Dubuque,
Iowa make it desirable that said
territory, as showr in Exhibit A, be
made a part of the City of Dubuque,
iowa.
NOW THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the territorial limits
of the City of Dubuque, Iowa be, and
they hereby are extended to include the
properly legally described as Lot 2 of
NE 1/4 of SE 1/4 of Section 25, T89N,
R1E, 5th P.M., in Dubuque County,
Iowa.
Section 2. That the territory hereby
annexed shall become a part of the
Second Ward, Seventh Precinct of the
City of Dubuque, Iowa.
Section 3. That the territory hereby
annexed shall be Zoned upon
annexation to PUD Planned Unit
Development Distdct with a Pi Plannea
Industrial designation, and shall
become par[ of Zone E of the Dubuque
Industdar Center West PI Distdct
Section 4. That the City Clerk shall
file this resolution, all Exhibits and the
petition for voluntary annexation with
the City Development Board of the
State of
Passed, approved and adopted this
19th day of October, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adop~on of the
Resolution. Seconded by MichaisM
Motion carded 6-0
Proof of publication certified to by
the Publisher on Notice of Pubic
Healing to consider disposing of
portion of Kirkwood Street (formerly
Union Avenue) and City Manager
recommending approval of disposal of
Reqular Session~
property, presented and read.
Voetherg moved that the proof and
communica~ee be received and filed.
Seconded by BuoL Motion carried 6-0.
RESOLUTION NO. 475-98
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 12th day of October,
1998, the City Council of the City of
Dubuque, Iowa met on the 19th deyof
October, 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 rea~ estate described as:
The portion of Kirk'wood Street
(formerly Union Avenue) abutting
Lots 83 and 84 of A:P. Wood's
Addition in the City of Dubuque,
Dubuque County, iowa lying
between the original eertheriy dght-
of-way line of Union Avenue and the
northerly right-of-way line of
Kirkwood Street as presently used to
be known as Lot 83A and 84A of
A.P. Wood's Addition ali as shown in
a plat prepared by Buesing and
,~ssociates dated August 3t, 1998.
Whereas, the City Counc~ of the C~
of Dubuque, iowa overrulad any and
objections, oral or written to the
proposal to dispose of interest in the
City of Dubuque, iowa, in the
hereJnabove described real estate..
NOW THEREFORE, BE
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 the portion of Kirkwood
Street (formerly Union Avenue)
abutling Lots 83 and 84 of A:P. Wood's
Addition in the C~ of Dubuque,
Dubuque County, iowa lying between
the original eer[heriy right-of-way line of
Union Avenue and the northerly right-
of-way line of Kirkweod Street as
presently used to be known as Lot 83A
and Lot 84A of A:P. Wood's Addition,
as shown in a plat prepared by Buss ng
and Associates dated August 31, 1998
to Nelson and Mona Kiavi~ter, be and
the same is hereby approved for the
sum of $1.00 plus the cost of
publication, platting and filing fees;
conveyance shall be by Quit Claim
Deed.
Section 2. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
October 19~ 1998 376
and is hereby authorized and directed
to deliver said deed of conveyance to
the above named grantee upon receipt
of the purchase pdce in full
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a eer~ed copy of this resolution
in the office of the City Assessor,
Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this
19th day of October, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolu~on. Seconded by Buol. Motion
carded 6-0.
Proof of publica~on cer~ed to by
the Publisher on Notice of Public
Hearing to consider an amendment to
the Urban Renewal Plan for the
Downtown Dubuque Urban Renewa~
District; Long Range Planning Advisopj
Commission advising of their findings
that the requested expansion of the
Downtown Urban Renewal District is
consistent with the Comprehensive
Plan and City Manager recommending
approval of Downtown Urban Renewal
District, presented and read. Robbins
moved that the proof and
communications be received and filed..
Seconded by MichalskJ. Mofion carded
6-0.
RESOLUTION NO. 476-98'
A RESOLUTION APPROVING THE
AMENDED AND RESTATED URBAN
RENEWAL PLAN FOR THE
DOWNTOWN DUBUQUE URBAN
RENEWAL DISTPJCT.
Whereas, on September 18, 1998.
the City Council of the City of Dubuque,
Iowa author[zed the preparation of an
Amended . and Restated Urban
Renewal Plan (the "Plan") for the
Downtown Dubuque Urban Renewa~
District (the "District"); and - -
.Whereas, the City of-Dubuque's
primary objective in establishing this
Plan is to provide assistance to the
Dubuque Museum of Ar~ for the
purpose of creating new economm and
tourism development activi~es with the
downtown area; ant
Whereas, the Long Range Planning
Commission has reviewed the
proposed Plan and has found that said
document is consistent with the
Comprehensive Plan for the
devalopment of the City of Dubuque as
la whole and has transmitted its findings
to the CH Council: and
Whereas, a consuEation process
377 Regular SeSsion, October 19, 1998
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
headng on the proposed Plan after
public notice thereof.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
Section 1. That the Amended and
Restated Urban Renewal Ptan for the
Downtown Dubuque Urban Renewal
Distdct, attached hereto and made
reference to herein, be approved.
Section 2. That the City Clerk ofthe
Cb of Dubuque, Iowa is hereby
authorized and directec m file a
certified copy of this Resolution in the
Office of the Dubuque County
Recorder.
Passed, approved and adopted this
19th dayof October, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis. C~y Clerk
Robbins moveo adoption of the
~esolution. Seconded by Michalski.
Motion carded 60.
Proof of publication certified [o by
the Publisher on Notice of Headng on
Plans & Specs. for Construction of
Dubuque Regional Airport Remodeling
anc ADA improvements, ~)resented
and reno. 9uol moved that the proof
be received and tiled. Seconded by
Robbins. Motion carded 6-0.
RESOLUTION NO. 477-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas on the 16th day of
September, 1998. plans, specifcations,
form of con[rec[ and estimated cost
were fi~ed with the City Clerk of
Dubuque, Iowa for the Dubuque
Regional Airport Remodeling and ADA
Improvements
Whereas, notice of heating on plans,
specifications, form of contract, and
estimated cos[ was published as
required by law.
NOW THEREFORE, BE 7
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby appreveo as the plans,
spec~cations, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
19th day of October, 1998.
Torrance M. Duggan, Mayor
Attest:. Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 6-0.
Proof of publication certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and City
Manager recommending to award
contract for bids, presented and read.
3uol moved that the proof and
communication be received and tiled.
Seconded by Robbins. Motion carded
5-0.
RESOLUTION NO. 478-98
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Dubuque Regional Airport Restroorr
Remodeling and ADA Improvements
pursuant to Resolution No. 417-98 and
notice to bidders published in a
newspaper published in the City of
Dubuque, owa on the' 25th day of
September. 1998.
Whereas, said sealed proposals
were opened and read on the 8th day
of October, 1998 and it has been
determined that the bid of Portzen
Construction Company, Inc. of
Dubuque, Iowa,-in the amount of
$50,025.00 was the lewes! bid for the
furnishings of ali labor and materials
anc 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 OWA:
That the conzract for the above
improvement be awarded to Podzen
Construction Company, inc. and the
Manager be and is hereby directed to
execum a contract on behalf of the C~
of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractoCs bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
19th day of October, 1998.
Terrance M. Duggen, Mayor
Attest: Mary A. Davis, C~ Clerk
Buol moveo adoption of the
Resolution. Seconded by Robbins.
Reqular Session, October 19, 1998
Motion carried 6-0.
Proof of publication cer'dtied to by
the Publisher on Notice of Hearing on
Plans & Specs. for ConstruclJon of
North End Neighborhood Trail Project,
presented and read. Buol moved that
the proof be received and filed.
Seconded by Nicholson. Motio~
carded 6-0.
RESOLUTION NO. 479-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 16th day of
September,- 1998, plans, specifications,
form of contract and estimated cost
were tiled with the City Clerk of
Dubuque, Iowa for the North End
Neighborhood Trail ~roject.
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 coat are
hereby approved as the plans,
specifications, form of cordtact and
estima[ed cost for said improvements
for said project
Passed, adopted and approved this
19th day of October, 1998.
Terrance M. Duggan, Mayer
Attest MaP/A: Davis, C~ Clerk
Buol moved adoption of the
Resolution. Seconded by Nichoison.
Motion carried 6-0_
Proof of publication certified to by
the Publisher on Notice to Bidders of
Receipt of Bids for project and City
Manager recommbnd[ng to award
ceatmct for bids, presented and read. -
Buol moved that;the proof and
communication be received and tiled.
Seconded by Nicholson. Motion
carried 6-0.
RESOLUTION NO. 480-98 -
AWARDING CONTRACT.
Whereas, sealed proposals have
been submitted by contractors for the
North End Neighborhood Trail Project
pursuant to ResolLdJon No. 420-98 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 24th day of
September, 1998.
Whereas, said sealed proposals
378
were opened and read on the 8th day
of October, 1998 and it has been
determined that the bid of Tschiggfrie
Excavating Company of Dubuque,
Iowa in the amount of $395,804.00 was
the lowest bid for the furnishings of ali
labor and mamriais 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
Techiggfrie Excavating Company,
subject to concurrence of the Iowa
Department of Transportation, 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 a0d _the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to tatum the
bid deposits of the unsuccessful
biddere. ~
- Passed, approved and adopted this
;19th day of October, 1998."
Terrance M. Duggan, Mayor
Attest Ma~'A. Davis, City Clerk
Buei moved adoption of the
Resolution. Seconded by Nicholsen.
Motion carried 6-0. - '
Proof of publication certified zo by
the Publisher on Notice of Public
Hearing to amend Fiscal Year 1999
Budget and City Manager
recommending approval of
amendment, presented and read.
Robbins moved that the proof and
commuriication be received and t~leo_
Seconded by Nicholson. Motion
carried 6-
379 Regular Session, October 19, 1998
Robbins moved adoption of the
Resolution. Seconded by Nichqlson.
Motion carded 6-0 -
City Manager requesting approval to
extend existing moratorium on
~ssuance of permits in the Highway 20
corridor. ~resentea and read. Buo[
moved that the communication be
received and filed. Seconded by
~icholson. Motion carried 5-0
An Ordinance Amending Chapter 11
(Buildings and Building Regulations) of
the City of Dubuque Code of
Ordinances, by amending Section 11-
58.1 By Establishing a Twelve-Month
Moratorium on the Issuance of Permits
for Work in the U.S. 20 Corridor,
presenmd and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 66-98
AN ORDINANCE AMENDING
CHAPTER 11 {BUILDINGS AND
BUILDING REGULATIONS) OF THE
CiTY OF DUBUQUE CODE OF
ORDINANCES, BY AMENDING
SEC'FION 11-58.1 BY ESTABLISHING
A TWELVE-MONTH MORATORIUM
ON THE ISSUANCE OF PERMITS
FOR WORK IN THE U.S. 20
CORPJDOP~
NOW THEREFORE, BE IT
ORDAINED DY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
Section 1. Chapter 11 (Buildings
and Building Regulations) of the City of
Dubuque Code of Ordinances is
hereby amended by amending Sectior
11-58.1 as follows:
Regu ar Session, October 19, 1998
380
Section 11-58.1 Moratorium- For work
in the U.S. 20 Corridor
The building offcial shall not issue
any permlt for any new construction or
any substantial enlargement, alteralton,
repair or remodeling of any structure,
building or sign in the U.S. 20 corddor
(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, towa, during
the period from May 6, 1998 to April 30,
1999, except where a vested fight to
the issuance of such permit accrued
pfior to May6, 1998.
Section 2. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
19th day of October, 1998.
Terrunce M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published o~cially in the Telegraph
Herald newspaper this 23rd day of
October, 1998.
Mary A. Davis CMC, City Clerk
It 10/23
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended. Seconded by~
Nicholson. Motion carried 6-0. Budi
moved final considerafian and passage
of the Ordinance. Seconded by
Nichdisun. MCrdon carried 6-0.
City Manager submitting ordinance
providing for HBO & Co. to construct a
platform in the alley east of CyCare
Plaza, presented and readl Duel
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 6-0.
An O;dinance AUthorizing HBO &
Company to construct a Radiator
Platform, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 67-98
AN ORDINANCE AUTHORIZING HBO
& COMPANY TO CONSTRUCT A
RADIATOR PLATFORM
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OFTHE CITY COUNCIL OF THE CiTY
OF DUBUQUE, IOWA:
Section 1. That HBO & COMPANY
as the owner of the premises known as
CYCARE PLAZA Dubuque, iowa, and
legally described as CITY LOTS 141,
142, 143, 143A, 144, 145 be and they
are hereby grunted the revocable
permit and aUthority to construct and
maintain a RADIATOR PLATFORM
under the terms and condiltons set
forth in this Ordinance.
Secfion 2. That such construclton
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Seclton 3. That the permission
herein grunted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said PLATFORM; and
b. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the ocation,
installation, existence, construction or
maintenance of said PLATFORM
sustained by any person or persons,
caused by accident or otherwise To
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque ansing out of the
location, insteilatio r., existence,
construction or maintenance of
PLATFORM and to pay reesonable
attorney fees therefor, and
d. indemnify defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, I~abilky and
expense for death and/or injuries to
third persons or damages to property of
third person.., or for damage to any
property of the City of Dubuque which
may occur as 8 result of or in
connection with the location.
instsila~on, construction, maintenance
and repair of the facility, work or
~mpruvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permlttees' further agreement
that should the right and privilege
herein grunted be rescinded or revoked
by the City Council, permittees, or their
successors in interest, as owners of the
abuftJng property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said PLATFORM and
38:[ Regular Session, October 19, 1998
in the event of their failure to do so, the
City of Dubuque shall be authorized to,
remove said PLATFORM at permitteas
expense and dispose of the same, and
the perm~ee shall have no claim
against the City or its agents for
damages resulting from the removal of
said PLATFORM.
Section 5. That permi~ees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permlttees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out of or in any way connected with the
ocation, installation= construction,
design, repair and maintenance of the
facility herein permitted.
Section 8. This Ordinance shall
become effective and the dghts
hereunder accrue to HBOC Cycare
when this Ordinance has been adapted
by the City Council and the terms and
conditions thereof accepted by
permittees by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at perm~ees' expense a copy of
this ordinance in me Office of the
Recorder in and for Dubuque County,
Iowa.
~assed. approved and adopted this
19th day of October. 1998.
Terrenca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 67-98
The undersigned having read and
being familiar with the terms aha
conditions of Ordinance Na. 67-98.
hereby, fop themselves, their
ina abutting propers, accept me same
and agree to be bound by the'
conditions and agreements therei~
contained to be performed by
perm[trees.
By: Jeff Weatheff
Title: Director, Computer Oberations
Dated: 11~-98
Published officially in the Telegraph
Herald newspaper this 16th day of
November. 1998.
Mary A. Davis CMC, City Clerk
It 11/16
Budi moved that the requirement
that a proposed Ordinance be
considered and voted an for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
I Robbins. Motion carried 6-0. Buol
moved dna consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carded 6-0.
City Manager recommending to
approve contract with Plastic Center
Inc. to purchase property for Riverwalk
project, presentedand read: Voetberg
moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson.
Mofion carded 6-0.
City Manager requesting public
hearing be set for November 16, 1998
regarding the issuance of $2,650,000
Pollution Control Refunding Revenue
Bonds (Interstate Power Company
Project), presented and reao.
MichalskJ moved that the
communication be received and filed.
Seconded by BuoL Motion carried 6-0.
RESOLUTION NO. 482-98
A RESOLUTION REGARDING THE
ISSUANCE OF NOT TO EXCEED
$2,650,000 IN AGGREGATE
PRINCIPAL AMOUNT OF
POLLUTION CONTROL REFUNDING
REVENUE BONDS (INTERSTATE
POWER COMPANY PROJECT)
SERIES 1998, OF THE CITY OF
DUBUQUE, IOWA, DIRECTING
PUBLICATION OF NOTICE OF
INTENTION TO ISSUE, CALLING A
PUBLIC HEARING ON THE
PROPOSAL TO ISSUE SAID BONDS,
AND AUTHORIZING EXECUTION OF
A MEMORANDUM OF AGREEMENT
Whereas, the City of Dubuque, Iowa
(the "lssueC'j is a municipal corporation
organized and existing under the
Constitution and laws of the State of
iowa, and is authorized and
empowered by Chapter 419 of the
Code of Iowa (the "Act"), to issue
revenue bonds and loan the proceeds
from the sale of said bonds to one or
more parties to be used to defray all or
a portion of the cases of acquiring,
constructing, improving and equipping
a "Project", as that term is defined in
the Act, including pollution contral
facilities as defined in Chapter
419.1(12)(b) of the ACt which are
suitable for use by any industry,
commercial enterprise, or utilffy, and to
refund any bonds issued pursuant to
the ACt; and
Whereas, the issuer has Been
requested by Interstate Power
Company, a Delaware corporation (the
"Company"), to autho&ze and issue its
Pollution Control Refunding Revenue
Bonds pursuant to the provisions eft he
Act for the purpose of defraying all or a
portion of the cost of refunding the
outstanding principal balance of the
Issuer's $2,650,000 PoliuUon Control
Revenue Bonds (Interstate Power
Company Project) Series 1973 (the
"Pdor Bonds") originally issued to
provide funds to defray the cost of
acquiring, improving and equipping
certain pdi]~on control facilities (the
'Pollution Control Facilities") reisted to
the Dubuque Power Station owned by
the Company, and necessary expenses
incidental thereto; and
Whereas, the Issuer had determined
that the amount necessary to defray
the cost of refunding the Pdor Bonds,
including necessary expenses
incidental thereto, will require the.
issuance by the Issuer of not to exceed
$2,650,000 aggregate principal amount
of its Pollution Control Refandin~
Revenue Bonds (the "Bonds") pursuant
to the provisions of the Act, and it is
proposed that the Issuer loan said
amount to the Company under a Loan
Agreement between the Issuer and
Company pursuant to which loan
payments will be made by the
Company in amounts suf~cient to pay
the principal of interest and premium, if
any, on said Bonds, as and when the
same shall be due; and
Whereas, the Bonds, if issued, shall
be limited obligations of the Issuer, and
shall not constitute nor give rise to a
pecuniary liability of the issuer or a
charge against its general credit of
taxing powers, and the principal of,
interest and premium, if any, on the
Bonds shall be payable sdiely out of
the~ revenues dedved from the Loan
Agreement; and
Whereas, there has been presented
to the City Council (the "Governing
Body') a Memorandum of Agreement,
attached hereto as Exhibit "A" which
sets forth certain mutual undertakings
and agreements between the Issuer
and the Company, relating to the
further processing and issuance of said
Bonds, and the issuer believes it
deairable and in its best interest that
said Memorandum of Agreement be
executed for and on behalf of the
Issuer: and
Whereas, before the Bonds may be
issued, it is necessary to conduct a
public heating on the proposal to issue
the Bonds, all as required and provided
382
by Sec~on 419.9 of the Act and Se~on
47(0 of the Code.
Now, Therefore, Be it and It Is
Hereby Resolved by the Governing
Body of the Issuer as foliowa:
Section 1. A public hearing shall be
conduced on November 16, 1998 at
7:00 P.M., before this Governing Body
in the Public Ubrary Auditorium in
Dubuque, Iowa on the proposal to
Issue not to exceed $2,650,000
aggregate principal amount of the
Issuer's Pollution Control Refunding
Revenue Bonds (Interstate Power
Company. Project) Sedss 1998,
to the provisions of the Act,
for the purpose of defraying the cost of
refunding the Pdor Bonds, including
necessary expenses incidental thereto,
and ail locat residents who appear at
said headng shall be given an
opportunity to express their views for or
against the proposal to issue such
Bonds; and at said heedng, or any
adjournment thereof, this Governing
Body shall adopt a Resolution
determining whether or not to proceed-
with the issuance of said Bonds.
Section 2. The City Clerk of the
issuer ~s hereby directed to publish one
time, not Isss than fifteen (15) days
ixed for said headng,
in a legal newspaper publish, ed and
having a general circulation w~in the
Issuer, a Notice of Intention to Issue
said Bonds in substantially the
following form:
NOTICE OF PUBLIC HEARING_ON
INTENTION TO ISSUE
POLLUTION CONTROL RI:FUNDING
REVENUE BONDS
(iNTERSTATE POWER COMPANY
PROJECT)
Notice is hereby given that a public
hearing will be conducted before the
City Council of the City of Dubuque,
Iowa (the "issuer"), in the Public Library
Auditedum in said City at 7:00 P.M., on
November 16, 1998, on the proposal to
issue not to exceed $2,650,000
aggregate principal amount of the
City's Poliu~on Control Refunding
'Revenue Bonds (interstate Power
ompany Project) Series 1998 (the
I and to loan said amount to
Power Company (the
"Company"), pursuant to the provisions
ef Chapter 419 of the Code of Iowa, for
the purpose of financing the cost of
refunding the outstanding pfinaipal
balance of the Issuer's $2,650,000
Poliu~on Corr[rdi Revenue Bonds
Interstate Power Company Project)
Sedes 1973 (the "Ptior Bonds')
otiginally issued to provide funds to
383 Regular Session, October 19, 1998
defray the cost of acquiring,- improving
and equipping certain pollution control
facilities (the "Pollution Control
Facilities") related to the Dubuque
Power Station owned by the Company
and located at 920 Keroer Boulevard,
ano necessary expenses incidental
thereto. It is contemplated that a Loan
Agreement will be entered into between
the issuer and the Company, under
which the Issuer ,Mil loan to said
Company the proceeds from the sole of
the Bonds in return for loan 9ayments
from the Company sufficient to pay the
principal o[ interest and premium, if
any, on such Bonds as the same shall
fail due.
Such Bonds, if issued, and the [aterest
thereof, wlil be payable solely out of the
revenues derived from me Loan
Agreement and shall never con~tute
an indebtedness of the issuer within
the meamng of any szate constitutional
prows~on or statutory [imitation. and
shall not constitute nor give rise to a
9ecuniary liability of the Issuer or a
charge against its general credit or
taxing powers.
All local residents wno appear at me
hearing shall be given an opportunity to
express their views for or against the
proposal to issue the Bonds. and atthe
hearing, or an adjournment thereof, the
City Council of the Issuer shall adopt a
resolution determining whether or not
to proceed w~h the issuance of the
Bonds.
This Notice is given pursuant to
Chapter 419.9 of the Code of Iowa and
Section 147(0 of the Internal Revenue
Code.
By Order of the City Council.
Mary A. Davis, City Clerk
Section 3. That in order to assure
the refunding of the Pdor Bonds, it is
deemed necessary and advisable that
the Memorandum of Agreement, in the
form attached hereto as Exhibit "Ap, be
approved and that the Mayor the Issuer
De and hereby is authorized and
directed to execute said Memorandum
of Agreement and the City Clerk of the
issuer be and hereby is authorized to
attest the same and to afro< the seal of
~ne Issuer thereto anc said
Memorandum of Agreement is hereby
made a part of this Resolution.
Section 4. That officials of the Issuer
hare hereby authorized to take such
further action as may be necessary to
carry out the intent and purpose of the
Memorandum of Agreement.
Section 5. All ;~esolutions and
Orders or pats thereof, in contact
herewith are. To the extent of such
conflict: hereby repealed, and this
Resolution shell be in full force and
effect immediately upon its aooption
Adooted and approved October 19,
1998.
City of Dubuque, Iowa
Terrance M. Duggan, Mayor
(SEAL)
Attest:
Mary A. Davis, City Clerk
Michafski moved adoption of the
Resolution. Seconded by Buo[. Motion
carried 6-0.
Zoning Advisory Commission
advising of their approval to reclassify
properly located at Northwest corner of
Chaney & Asbury Road frorr PR to OS
District. presented and read Buo]
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 6-0
An Ordinance Amending Zoning Map
by reclassifying property located at
Northwest corner of Chaney and
Asbury Roads from PR Planned
Residential District to OS Qffice
Services District, presented and read.
Buol moved that the reouiremeat 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 that a
Public Headng be held on the
proposed Ordinance on the 2nd day of
'4ovember, 1998 at 7:00 p.m. in the
=ublic Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Nichotson. Motion carried 6-0.
Zoning Advisory Commission
advising of their denial to reclassify
property at Southeast comer of Sunny
Slope Ddve ano Red Violet Drive from
R-2 to R-3 District, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 6-0.
An Ordinance Amending Zoning
Map hy reclassifying property located
at Southeast corner of Sunny Slope
Drive and Red Violet Drive from R-2
Two-Family Residential District to R-3
Mule-Family Residential District,
presented and read. Buol moved that
a Public Hearing be held on the
proposed Ordinance on the 16th day of
November, 1998 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
Reqular SesSi0n~ October ~19~ 1998 384
prescdbed by law. Seconded by
Robbins. Motion carded
Zoning Advisory Commission
advising of their approval to amend the
PUD designation for property in
Dubuque Industrial Centar-Chavenelle
Road, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Motion carried
An Ordinance Amending Zoning
Ordinance by adopting a Revised Land
Use Plan for the Dubuque Industrial
Center Phases I and II located at the
Southwest comer of Highway 32
(Northwest Arterial) and Chavenelte
Road, and by repealing Section 2 of
Ordinance No. 49-80, Ordinance 39`
82, Section 2 of Ordinance 6-89 and
Ordinance 88-90, presented and read.
Voetberg moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended. Seconded by
BuoL Motion carded 6-0. Voetberg
moved that a Public Hearing be held on
the proposed Ordinance on the 2nd
day of November, 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 SuoL Motion carded 6-0.
Long Range Planning Advisory
Commission submitting their
recommendation regarding land use for
the Highway 20 study corridor and set
public hearing for November 2, 1998 to
consider adoption of the plan,
presented and read. Voetberg moved
that the communication be received
and filed and headng set for Ney. 2,
1998 at 7:00 p.m. in the Public LibraP/
Auditorium. Seconded by BuoL Motion
carried 6~0.
At 7:38 p.m. Voetberg moved to go
into CIcaed Session In accordance with
Chapter 21.5 1.0) State Code of Iowa,
1997 as amended, (j) To discuss the
purchase of particular real estate
where premature disclosure could be
reasonably expected to increase the
pfica the governmental body would
have to pay for that property.
Seconded by MJchalski. Motion carded
6-0.
Council reconvened Regular
Session at 8:48 p.m. with statement
that staff had be~n given proper
~ direction.
There being no further business,
Buol moved to adjourn. Seconded by
MichalskL Motion carded 6-0. The
meeting adjourned at 8:49 p.m.
/s/MaryA. Davis, CMC ~c~._C~ Clerk
Approved -'~~,~, 1998
~ ~Council ~embers
AtCt
C~ Clerk ~