2000 September Council ProceedingsReqular Session, September 5, 2000
328
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Regular Session,
September 5, 2000
Counsi met in Regular Session at
6:30 P.M. n the Library Auditorium
Present: Mayor Duggan, Council
Members Duel, Cline, Markham
Michalski, Nicholson. Robbins, City
Manager Michasi Van Milfigen,
Corporation Counsel Bar~' Lindahl.
Mayor Duggan "earl the call anc
stated this is the regular session of the
C?~y Cou¢~il cai[ed for the purpose of
acting upon such business which may
propedy come before the City Council.
The invocation was given Dy Rev.
Robert Weinhald. Pastor of St Paul
Lutheran Church.
Mayor Duggan swore in Mayor Pro-
Tern John Markham.
PROCLAMATIONS: Supporting the
Dragon Boat Festiva[ (September 8. 9,
10. 2000~ received by Sue Hamilton,
President of the Dubuque Dragon Boat
Assn.; Assisted Living Week
(Seotember 10 - 16 2000j received by
Diane Brandyke, Manager of Sunset
Park Place: and Awareness Day for A-
T (September 16. 2000) received by
Tony and Linda Harvey.
Minutes Submitted: Electrical Code
Board of 8/14; Five Flags Commission
of 7/24 and 8f21; Human Rights
Commission of 7/10; Library Board of
Trustees of 7/27; Long Range Planning
Adwsory Commission - Downtown
Planning Ccmmit~ea of 8/14; Plumbing
Board of 8/22; Zoning Board of
Adjustment of 7~27, presented and
read. Duel moved that He minutes be
received one filed. Seconded by
Nicholson Motion carded 7-0.
Proof of ~ub~icafloc of Councit
Proceedings for Meetings of Juiy 31,
August 7. 14, anc 17; List of Claims
and Summaw of Revenues for Month
Ending June, 2000. eresented and
read. Buol moved that the ~raofs be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
Investment Oversight Commission
submitting [ne 29th Quarterly Report,
aRC the Civic Center Commissmn's
Fiscal Year 2000 Year-End Report,
presented and read. Duel mcvea mat
the reports be received and tiled.
Seconded by Nicholson. Motion
carded 7-0.
Notice of Claims/Suits: ~atdck A.
Konsen in estimated amount of $800
for vehicle damage and Diane Wedz in
estimated amount of $1.045.07 for
vehicle damages, oresented and read.
Duel moved that the sufts and claims
be referred to the Legal Staff for
investigation and report. Seconded by
Nicho[ssm Motion carded 7-0.
Corporation Counsel advising the
following claims have been referred to
Public Entity Risk Services of Iowa. the
agent for the ~ow~ Communities
Assurance Pool: Mary Harkey
reimbursement of medical expenses,
and. Beth A. Miller for sewer backup
damage, presented and 'earl.
moved that the communications De
received and filed. Seconded by
Nicholson Motion carded 7-0.
Corporation Counsel recommenoiag
denial of the vehicle damage claim of
David G. Hennessy, the vehicle
damage claim of Donald Kohl. and the
vehicle damage claim of Tracy Ploessl,
presented aaa read. Duo moved that
the communication be received and
filed and concurred with [ne
recommendations. Seconded by
Nicholson_ Motion carded 7-0.
Corporatior Counsel advising that
[he claim of Richard S. Hi[lard for
vehicle damage has been forwarded to
the Dubuque Jayeaes for handling,
presented and read Duel moved that
the communication be reeaivec and
filed. Seconded by Nicholson. Metier
carded 7-0.
Corporation Counsel recommending
settlement of the truck damage claim of
Gte§ Swartz in the amount of $100.27
and directing the Finance Director m
issue payment, presenteo and read.
Butt moved that the communication be
received aaa flied and concurred with
the recommendation. Seconded by
Nichoissn Motion caned 7-0.
An Ordinance Amending the City of
329
Regular Session, September 5, 2000
Dubuque Code of Ordinances Dy
changing the reference in Sections 10-
23, 10-24, anc 10-38 from "Dock
Division Manager" to 'City Manager,"
said Ordinance having Dean presented
and read at the Council Meetings of
8/7/00 and 8/21/00, now presented for
f~na] action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 68-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY CHANGING THE
REFERENCE IN SECTIONS 10-23,
10-24, AND 10-38 FROM "DOCK
DIVISION MANAGER" TO "CITY
MANAGER"
~lOW. THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE iOWA:
Section 1. Sec. 10-23 of the City .of
Dubuque_Code of Ordiqances ~s
amended to read as fellows:
Sec. 10-23 Boat landing areas.
The City Manager shall lay out and
designate boat landing areas-along the
municipally owned waterfront for such
pleasure craft, commercisi vessels and
public landings and to mark all such
public landings with suitable signs
delineating their boundaries.
Section 2. Sec. 10-24 of the City .of
Dubuque Code of Ordinances ts
amended to read as fellows:
Sec. 10-24. Mooring permits.
(a) No person shall moor or cause to
be moored a vessel, float, boathouse.
or o[ner watercraft, exceot at public
landings, along the waterfront of me
City without first obtaining a permit to
ao SO.
(b) Mooring permrbs shall be
obtaine¢ from the City Manager by
making applications therefor on forms
provided by the City Manager and
paying an annua~ permit fee therefor in
accordance with me following
schedule:
Annual fee:
Type (per lineal foot)
Commercial 4.00
Pleasure craft 2.00
(c) Applicants for a permit required
to be obtained under this article shall
file with the City Manager an
application showing:
(1) The name address and telephone
number of the applicant:
(2) The name. aaaress and taiegnone
number of the owner'
(3) A brief description of the item to be
moored including its length.
Section 3. Sec. 10-38 of the City of
Dubuaue Code of Ordinances is
amended to read as follows:
Sec. 10-38 Ice fishing sneKers.
The following rules shall govern [ne
placement, construction or erection of
ice fishing shelters loC: on me ce
overnight
(1) The ice fishing shelter and
material used in construction shall be
removed from on or aver city controlled
land or wa[er on or before ice melt or
Februa~ 20 of each year. whichever
comes first, unless extended by public
notice by the City Manager.
(2) The location, type and materials
used in the construction of an ~ce
fishing shelter shall be approved by
the Cffy Manager.
(3) The full name, telephone
number, street address and the city of
the building or structure owner of all
structures left on the ice overnight shalJ
De eainted legibly in a color contrasting
to the~bac4(greur~d on ali ,side of the
shelter in block letters at least four (4)
inches in height
(4) The owner information displayed
in accordance with me provtsions of
this section will act as the permit for the
placement of ice fishing shelters on or
over city controlled land or waters.
(5) Structures or buildings usee as
ice fishing shelters shall not be looked
when in use.
(6) All fishing shelters on the ice
after sunset shall have amber reT'lechers
attached to all sides of the structure in
such 8 manner to enable them to
reflect light at all times between the
noum ofsunsat and sunnse.
Section 4, This Ordinance shall take
effect upon publication.
Passed, approw~d and adooted this
5th day of September. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper ~is 11th day of
Seetember. 2000.
Jeanne F, Schneider City Clerk
It 9/11
Buel moved final consideration and
passage of the Ordinance. Seconded
by Nicholson. Motion carried 7-0.
Communications from the iowa
Degarb'nent of Economic Development
regarding the City's Local Housing
,Assistance Program Applicafions ¢¢01-
LHAP-002 and fC01-LHAP-003
presented and -eae. Buol moved that
the communications be received aha
filed. Seconded by Nicholson.
carried 7-0.
R qu ar Session, September 5, 2000
330
Notice of Warn Act from The
Sineinawa Dominicans stating that the
services provided at St. Dominic Villa in
Dubuque are being transferred to a
new facillty at the Mother House in
Wisconsin, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
City Manager recommending
approval of the Five Flags usage
agreement with the Dubuque Fighting
Saints for the upcoming season,
presented and read. Buol moved that
the communication be received and
tiled and concurred with the
"ecommendation. Seconded by
~icholson. Motion carried 7-0.
City Manager recommending suppor~
of a grant application that the Dubuque
Girls Independent League wilJ be
submitting to the Iowa Department of
Natural Resources (IDNR) for
Recreation Infrastructure funding for
the Riprow Valley ,Tenreafional Area,
presented and read. SuoJ moved that
the communication be received and
filed. Seconded by Nicholsen. Motion
carded 7-0.
RESOLUTION NO. 416-00
RESOLUTION SUPPORTING A
GRANT APPLICATION FOR IOWA
DEPARTMENT OF NATURAL
RESOURCES RECREATION
INFRASTRUCTURE FUNDS FOR THE
RIPROW VALLEY RECREATIONAL
AREA
Whereas the Iowa Department of
Natural Resources flDNR~ has
Recreation Infrastructure funds
available [o develop recreational
facilities in cities: and
Whereas, the City of Dubuque has
adopted a Comprehensive Plan and a
Riverfront Plan that include goals for
the development of the Riprow Valley
and addi~onal recreational facilities;
and
Whereas. the City of Dubuque has
demonstrated a commitment to the
Ripraw Valley Recreational Area by
committing funds for the acquisition of
the property, committed funds for the
demolition of the building on the
property and has comm~ed ~o the
delivery of util[~ services to the Riprew
Volley Recreational Area; aha
Whereas, the City of Dubuque owns
me land proposed far development of
the softball complex a[ the Riprew
Valley Recreational Area
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
supports the Dubuque Gids
independent League application for
Recreation infrastructure grant funds
for the Riprow Valley Recreational
Area.
Secdon 2. That the City of Dubuque
intends to lease the land required for
the development of the softball
complex for a minimum of 25 years
following project completion.
Passed, approved and adopted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
Aftest: Jeanne F. Schneider, Cb Clerk
Buol moved adoption of the
resolution. Seconded by Nicholsen.
Motion carried 7-0.
City Manager recommending
acceptance of Dubuque Industrial
Center West Grading, Paving and
Utilities Phase I Project as completed
by McAnieeh Construciton Company, in
the final _amount of $5.622.265.19,
presented and read. Bus] moved that
the communication be received and
filed. Seconded by Nicholeen Motion
carded 7-6.
RESOLUTION NO. 417-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Dubuque Industrial Center West -
Phase I Project has been completed
and the City Manager has examined
the work and filed his certificate stating
that the same nas 3eon completed
according to the terms of the con~rect,
plans and specifications ano
recommends its accep~anca.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Sedan 1. That the recommendatior
of the City .Manager De approved and
that said ~mprovement be and the
same is heresy accepted.
BE IT FURTHER RESOLVEDthat
the City Treasurer be and he is h~reby~"
directed to pay to the contractor from
the A[liant loan ($800,000.00), DRA
Distribution and General Fund
($4,236,889.19), Storm Sewer
Construction Fund ($137,800.00), and
me RISE grant ($447.576.00~ in
amounts equal to the amount of this
contract, iess any retained percentage
provided for ~nerein.
Passed, approved and adoated this
5th day of September, 2000.
Terreeee M. Duggan Mayor
Attest: Jeanne F. Schneider. City Clerk
331- Regular Session September 5,2000
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.'
RESOLUTION NO. 418-00
FINAL ESTIMATE
Whereas, the contract for the
Dubuque industrial Center West -
Phase Project has been completed
and the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of estimates.
notices and inspection and all
miscellaneous cos[s:
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 $5.622,265.19 and the said amount
shall De paid from the Alliant [oar
($800,000.00), DRA Disthbution aha
General =und [$4,236,889.19), Storm
Sewer -:' Construction ' Fund
($137,800.00), one the RISE grant
($447,576.00) of the C~ of Dubuque
Passed approved and adopted this
5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buoi movec adop~on of .me
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending to
award the contract for the Fifth Street
Reconstruction Project to Portzen
Construction in the amount of
$194.853.15. presented and read.
Buol moved that the communication be
received and flied. Seconded by
Nicholson. ~lofion carried 7-0.
RESOLUTION NO, 419-00
AWARDING CONTRACT
Whereas sealed proposals have
been submitted by contractors for the
Fifth Street Reconstruction. Iowa to
Main Street Project, pursuant to
Resolution No. 374-00 one notice to
bidders published in a newspaper
eubiished in the City of Dubueue, ~owa,
on the 11th day of August. 2000.
Whereas, said sealed proposals
were opened and read onthe 31st day
of August. 2000 and it has been
determined tha~ 'me bid of Pollzen
Construction. inc. of Dubuque, iowa. m
the amount of $194.853.15 was the
lowest bid for the furnishing of all labor
and matedats and performing the work
as provided for in the plans eno
specifications.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OFTHE CITY OF DUBUQUE IOWA:
That the contract for the above
improvement De awarded to Portzen
Construction inc. and the Manager ee
aha s 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 ueon the signing of said
contract aha the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
Did deposits of the unsuccessful
oiddere.
Passed approved and adopted this
5th day of September, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nchoson
Motion carded 7-0. '
City Manager submitting letter of
s~'pport for the Dubuque Girls
Indeeendent League and their Riprow
Valley Recreation Area development
I preject, presented and read Buo
moved that the communication be
received and flied and approved [stter
of suonorf_ Seconded by Nichoson.
Motion carded 7-0.
City Manager recommending City
sponsorship of communications to the
towa Congressional delegation in
support of legislation to assist Section
8 households at risk of loss of housing
due to e×eirafion of existing 3reject-
based HUD comrac[s, presented and
read. Buol morea that the
communication be received and filed
and concurred with recommendation.
Seconded by Nicholson Motion
carded 7q3.
Request of Phiilip Love to transfer
The Lounge liquor license. LC13969, to
Miller Riverview ~ark for the Dragon
t Seat races on September g. 2000.
presentea aha read. Buol moved that
the communication be received aha
filed and reauest aeeroved. Seconded
ey Nicholson. Motion carried 7-0
Sharon A. Eickhom Oky Doky #5.
requesting a refund of Cigarette
License #00 4511 n the amount of
$75.00 presented and read. Buol
moved mar the communication be
received and filed and request
approvea. Seconded by Nichalson.
Motion carried 7-0.
Regular Session, Septerribe~. 5i 20.OD
332
RESOLUTION NO. 420-00
NOW, THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
Midway Hotel/Hoffman House
WCB Hotels, Inc. 3100 Dodge St
Passed, approved and adopted this
5th day of September, 2000.
Torrance M: Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carded 7-0.
RESOLUTION NO. 421-00
Whereas, applications for Beer
Permits have been submitted and flied
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this C~ and have flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, [OWAc
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C' BEER PERMIT
Rainbo Oil Company Kwik Stop+
(Sunday Sale) 2255 Kerper Blvd
Passed, approved and adopted this
5th day September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. 422-00
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all C~ Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be author~ed to
cause to be issued the following named
applicants a Liquor License.
CLASS 'C"(COMMERClAL)
BEER/LIQUOR LICENSE
David H. Edckson Lucky 13 Tap+
(Sunday Sale) 85 E 13th St
!Passed, approved and adopted this
5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adop~on of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
BOARDS AND COMMISSIONS:
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commissions:
ZONING BOARD OF
ADJUSTMENT: Frederick R. Beeler,
Fred Freebolin. Mr. Freeboiin spoke.
Appointments to the following
Boards/Commissions:
AIRPORT COMMISSION: R. J.
Blocker, Ted Goodmann, Don
Hedeman, Nancy Ann Hailing. Vote
on the appointment was as follows:
Bucl voted for Ted Geedmann. Cline
voted for Ted Goodmann. Duggan
voted for.Ted Geedmann. Markham
voted for Ted Goodmann. Michaiski
voted for Ted Geedmann. Nichoison
voted for Ted Goodmann. Robbins
voted for Teri Gcodmann. Therefore,
Ted Goedmann was appointed to the
four year term which will expire 9-14~
04.
TV CABLE TELEPROGRAMMING
COMMISSION: Jennifer Tigges.
Michalski moved that Jennifer Tigges
be reappointed to a three year term
which will expire 6-30-03. Seconded
by Robbins. Motion carded 7-0.
Michaiski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carded
7-0.
Conceptual Development Plan -
Menard Inc.: Proof of publication on
! notice of hearing to consider rezoning
property on U.S, Highway 20 from C-3
General Commercial and CS
Commercial Service and Wholesale
District to PUD Planned Unit
Development District with a PC
Planned Commercial designation to
allow for development of a new
Menard's Store and an Ordinance
Amending Appendix A (The Zoning
Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying
hereinafter described property located
along U.S. Highway 20 west of
Westside Cour[ from C-3 General
Commercial District and CS
333 Regular Session, September 5, 2080
Commercial Service and Wholesale
District m PUD Planned Unit
Devaioemen[ District with a PC
Planned Commercial Distdct
designation and adopting a Conceotual
Development Plat., with conditions, for
Menard Inc.. presented and teac.
Buol moved to table addon on this
matter Seconded by Cline. Motion
carried
Salina Street Reconstruction Project:
Proofs of publication o~ notice of
hearing on plans and seecificafions
and notice to biddam on the receipt of
bids for the Saline Street
Reconstruction Project, a Resolution
Adopting plans one specifications for
project and a Resolution With respect
m the adoptio~ of me Resolution of
Necessity proposed for the Salina
Street Reconstruction Project,
presort[aa and read. Markham moved
that the proof be received andfiled and
Resolutions adop~eo. Seconded Dy
Pebbles No vote taken on the motion.
Dick Wertzberger, for L &-i Building
properS; Robert Neuwoehner, 2735
Asbury; Les Weber. owner of Weber
Building; Mike Portzen. 1865 Dallas:
and Bdan Kane for Freedom, inc., all
spoke objecting to the assessment of
this project.
Nicho[son moved to table this matter
until the Staff is reaoy to bdng back
Seconded by M[chalski. Motion carried
7-0.
Eagle Point Water Plant - Chlorine
Feed Room Expansion Project: Proofs
of publication on notice of heaitng ou
plans aec specs and nofice to bidders
on the receipt of bids for me Eagle
Point Water Plant Ch[onne Feed Room
Expansion Project and C~ Manager
recommending that the Resolutio~
approving the preliminary plans and
specs ee rescinded and that the bids
be rejected. ~resen~ed and read.
Robbins morea that the proofs and
communication be received and filed
Seconded Dy Ciine. Motion carried7-0.
RESOLUTION NO. 423-00
RESOLUTION RESCINDING
RESOLUTION NO. 375~00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS FOR
CONSTRUCTION OF THE CHLORINE
FEED ROOM AT THE EAGLE POINT
WATER PLANT
Whereas, an advertisement for bids
for the construction of a 935 sa. ft.
Ch[citric Feed Room was published on
August 11. 2000.
Whereas. the City Council deemed J~
advisable to reject all bids received and
rebid the project at a later date witl~
modifications.
NOW. THEREFORE. BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That Resolution No. 375-0(:
Preliminary Approval of Plans and
Specifications for the construction of
the Chlodne Feed Room Expansio[
project be rescinded and that the saic
project be re-bid a~ a later date.
Passed, approved and adopted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Pebbles moved adoption of the
Reso[utiom Seconded ey Cline
Motion carried 7-0
Bennett. Street Storm Sewer
Extension Project: Proofs of publication
on notice of hearing on clans and
specifications and notice to bidders on
the receipt of bids for construction of
the Bennett Street Storm Sewer
Extension Project and City Manager
recommending [o aware con~rac~ for
project, presented and read Robbins
moved that the proofs and
communication be received and filed.
Seconded By Markham. Motion carded
7-0.
RESOLUTION NO. 424-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd day of August,
2000, plans, specifications, form of
con[rec~ and estimated cost were filed
with the City Clerk of Dubuque, iowa
for the Bennett Street Storm Sewer
Extension Project.
Whereas notice of hearing on plans
spec'r,~cations, form of contract and
estimated cost was pubhshed as
required by aw.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
That the said plans, specifications.
form of contract and estJma~eo cost are
hereby approved as the p~ans.
specifications form of contract aec
estimated cost for said improvements
for said project.
Passed. adopted and approved this
5th day of September. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F Schneider, City Clerk
Pebbles moveo aooption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
Reqular Session, September 5; 2000 334
RESOLUTION NO. 425-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Bennett Street Storm Extension Project
pursuant to Rssolution No. 386-00 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 11th day of
August, 2000.
Whereas, said sealed proposals
were opened and read on the 24th day
of August, 2000~ and it has been
determined that the bid of Royal Oaks
Excavating of Peosta, Iowa, in the
amount of $26,557.65 was the lowest
bid for the furnishings of ali 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 Royal
Oaks Excavating and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED~
That upon the signing of said
contract and the approval of the
contractoCs 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 September, 2000_
Terrance M Duggan, Mayor
At[est Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
Rssolution. Seconded by Markham.
Motion carried 7-0.
Discovery Center Parking Lot
Project Proofs of publication on notice
of hearing en plans and specifications
and no~ce to bidders on the receipt of
bids for the Mississippi River Discovery
Center Parking Lot Pavement Removal
Project and Cb Manager
recommending to award contract for
project, presented and read. Markham
moved that the proofs and
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
REsoLuTION NO. 426-0~)
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd day of August,
2000, plans, spec'~cations, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Parking Lot Pavement Removal
for Mississippi River Discovery Center.
Whereas, notice of heating 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, IQWA:
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 September, 2000.
Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption cf the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 427-00
AWARDING CONTRACT
Whereas, sealed propossls have
been submitted by contractors for the
Parking Lot Pavement Removal for the
Mississippi River Discovery Center
)ursuant to Resolution No: 389-00 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the llth day of
August, 2000.
Whereas, said sealed proposals
were opened and read on the 24th day
of August, 2000, and it has been
determined that the bid of McDermott
Excavating of Dubuque, Iowa, in the
amount ef $12,746.25 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 McDermott
Excavating 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 cf said
contrast and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccassfut
bidders.
Passed, approved and adopted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
At[est Jeanne F. Schneider, City Clerk
335 Regular Session, September 5, 2000
Markham moved adoefion of the
Resolution. Seconded by Nicholson.
Motior carded 7-0.
Robbins moved that the rules be
reinstated iimibng discussion to the
Council Seconded by Markham.
Motica carded
Iowa Deparb'nent of Transportation:
Communication from the iowa
Department of Transportation clarifying
their request fo~ a development
moratorium in the Southwest AKefiei
Corddor communication from City
Manager to the Iowa Department of
Transportation asking for cladllcation of
their request for a development
moratedum, and communication from
the Iowa Department of Transporbation
requesting a development moratorium,
presented and read.
Mr. Richard Kautz of IDOT spoke.
f~chatski moved ttL,~t. U~ie be referred
to Staff for preparation of document.
Seconded by Markham_ Carded by the
following vote: Yeas-=Robbins.
Duggan, Markham, Michaiski
Nicholson. Nays--Buei, Cline.
Consulting Contract for Conceotual
Design of Main Street: City Manager
recommending that the City enter into
an agreement with Durrant Group for
preparation of a Conceptual Design of
Main Street, presented and read.
MichalsM moved that the
communication be received and filed
and concurred with recommendation.
Seconded by Cline. Carded by the
following vote: Yeas.---Buoi Cline.
Michalsk. Nicholson. Nays---Robbins,
Duggan. Markham.
Long Range Planning Commission:
An Ordinance Amending the City of
Dubuque Code of Ordinances Section
36-4 Long Range Planning Advisory
Commission Created; Composition, by
suspending ~ne membershio on '~he
Commission of a member of the Zoning
Advisory Commission until September
1, 2001, said Ordinance having been
presented and read at the Council
meeting of 8/7J00 and 8/21/00 now
presented for final action,
(OFFICIAL PUBLICATION}
ORDINANCE NO, 69-00
N ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 36-4 LONG-
RANGE PLANNING ADVISORY
COMMISSION CREATED;
COMPOSITION, BY SUSPENDING
THE MEMBERSHIP ON THE
~COMMISSION OF A MEMBER OF
THE ZONING ADVISORY
COMMISSION UNTIL SEPTEMBER 1,
2001
NOW. THEREFORE, BE tT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 38-4 cf the City of
Dubuque Code of Ordinances is
amended to read as follows:
Sec. 36-4. Long-Range Planning
Advisory Commission Created;
ComoosiQon:
There is hereby created a City Long-
Range Planning Advisow Commission.
w~ich shall consist of nine (9) members
including a member of the Cby Council
designated by the City Council, a
member of me Zoning Advisory
Commission designated by the Zoning
Advisory Commission and seven f7
residents of the City appointed 'by the
City-Council who shah be qualified Dy
their knowledge, expedenca and ability
to contribute to the City's long-range
planning and development efforts.
The City Council shall annuat[y
designate a Council Member to serve
as an alternate in the absence of the
Councn's designated representative
and the Zoning Advisory Commission
shall annually designate a Commission
member to serve as an alternate in the
absence of the Commission's
designated representative.
Notwithstanding the foregoing,
during the pedcd from the adoption of
this ordinance until September 1. 2001,
a member of the Zoning Advisory
Commission shell not be a member of
the Long-Range Planning Advisory
Commission.
Section 2. This Ordinance shalltake
effect upon publication.
Passed, approvea ann adopted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
Seutember. 2000.
Jeanne F. Schneider, City Clerk
It 9/1~
Michalski moved final consideration
ano passage of the Ordinance
Seconded by Nicholson Carried by
the following vote: Yeas--Robbins.
Duggan, Markham Nichotson.
Nays--SuoL Cline. Michalskl.
Scare of Health Dissolution: An
Ordinance Amending the City of
Dubuque Code of Ordinances by
Repealing Sec. 23-1 Providing for a
Reqular Session, September 5, 2000
336
Board of Health; by Repealing Sec. 23-
3 Providing for the Conduct of Appeal
by the Board of Health; by amending
Sec. 7-75 and 781 relating to
Dangerous Animals, said Ordinance
having been presented and read at the
Council meetings of 8/7/00 and
8/21/00, now presented for final acton.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 70-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY REPEALING SEC.
23-1 PROVIDING FOR A BOARD OF
HEALTH; BY REPEALING SEC. 23-3
PROVIDING FOR THE CONDUCT OF
APPEAL BY THE BOARD OF
HEALTH; BY AMENDING SEC; 7-75
AND 7-81 RELATING TO
DANGEROUS ANIMALS
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 23-1 of the City of
Dubuque Code of Ordinances is
hereby repealed.
Secton 2. Section 23-3 of the C~y of
Dubuque Code of Ordinances is
hereby repealed.
Section 3. Secton 7-75 efthe City of
Dubuque Code of Ordinances is
amended to read aa follows:
ARTICLE III. DANGEROUS
ANIMALS
Sec. 7-75. Definitions.
Unless otherwise expressly stated or
the context cleady indicates a different
inten~on, the fctowing terms shall, for
the purpose of this adicle, have the
meanings in this section.
City means the City of Dubuque.
City manager, chief of police, city
clerk, and health services officer mean
those employees of the City of
Dubuque duly appointed and holding
those positions.
Dangerous animal means:
(1) Any animal which is not naturally
tame or gentle, and which is of a wild
nature or disposition, and which is
capable of killing, inflicting sedous
injury upon, or causing disease among,
human beings or domestic animals and
having known tendencies as a species
to do so;
(2) Any animal(s) declared to be
dangerous by the city manager or the
city manager's designee; or
(3) The follo~ng animals which shall
be deemed to be dangerous animals
per se:
a. Lions, tigers, jaguars, leopards,
cougars, lynx and bobcats;
b. Wolves, coyotes and foxes
c. Badgers, woivednes, weasels,
skunks and mink;
d. Raccoons;
e. Bears;
f. Monkeys and chimpanzees;
g. Alligators and crocodiles;
h. Scorpions;
L Snakes that are venomous or of
the family: Boidae;
j. Gila monsters; and
k. Any cross breed of such animals
which have similar characteristics of
the animals specified above.
Secton 4. Section 7-81 of the City of
Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 7-81. Seizure, impoundment
and disposition of dangerous animals.
(a) In the event that a dangerous
animal is found at large upon public
property, park property, public dght(s)
of way, or the property of someone
other than its' keeper, harborer or
shelterer thereby creating a hazard to
person or property, such animal may,
in the discretion of the health services
officer or the health services officeCs
designees, or the chief of police, be
destroyed if it cannot be confined or
captured. The city shall be under no
duty to attempt the confinement or
capture of dangerous animal found at
large, nor shall it have a duty to notify
the keeper, harborer, or shelterer of
such animal prior to its destruction:
(b) Upon the complaint of any
individual that a person is keeping,
sheltering, or harboring a dangerous
animal on premises in the city in
violation of section 7-77, 7-79, 7-80 or
that a person is keeping, sheltering or
harboring a dangerous animal which
has demonstrated a propensity to
attack or bite without provocation, the
health services officer shall cause the
)epson named in the complaint is
keeping, sheltedng or harboring a
dangerous animal in the cb, the health
services officer shall order the person
named in the complaint to safely
remove such animal from the city,
)ermanently place the animal with an
organizafion or group allowed under
secton 7-78 of this Code to possess
dangerous animals, or destroy the
animal, within three (3) days of the
receipt of such order. Such order shall
be contained in a notice to remove the
dangerous animal, which notice shall
be in writing and delivered personalty
or by ceddfied mai[ to the person
keeping, sheltering or harboring the
dangerous animal Such order and
nofice to remove the dangerous anima]
337 Regular Session, September 5, 2000
shall net be required where the health
services officer determines that sucn
dangerous animal has previously
caused sedous physical harm or death
[o any person in which case the health
services officer shall cause the animal
m Pe mmedistely seized and
impounded or killed if seizure ano
imooundment are not possible without
dsk of sedous physical harm or death
To any person,
lc) The order to remove a dangerous
animal issued by the health services
officer may be appealed to the City
Council. To appeal such order, w(r[ten
notice of appeal stating the grounds for
the appeal must be flied with the city
clerk within three (3) days after receipt
of the order and notice to remove the
dangerous animal Failure to fil~ such
written notice of appeal short consftute
a waiver of the dght to appeal the croat
of the health services officer
(1~) Tile hear~n~ on l~e eppea! sha~l
be within fourteen (14) days cf the filing
of the notice of aoDeal with the crb/
clerk. The headng may be continued
for good cause~
(2) After such heating, the City
Council may affirm or reverse the order
of the hea~th services Officer. Such
determination shall Pe contained n a
written decision and shell be filed with
the city clerk within three (3) days after
the headng, or any confnued session
thereof
(3) f the C~ Ceunci] affirms the
action of the health services of~cer, me
City Council ena~ order in its written
decision that the person sheltering,
harboring, or keeping such dangerous
animal, remove such animal from the
city, oermanensy place such animal
with an organization or group allowed
under section 7-78 of this Code to
possess dangerous animals, or destroy
it The decision and order shall
immediately be served upon the person
against whom rendered in the same
manner as the no~ce of removal.
(d) If the order of the health services
officer ~s not appealed and is not
complied with within three (3) days of
its issuance, the health services officer
or the health ofl=~ceKs designee is
authored to seize and impound such
dangerous animal, if the wdtten
decision cf the City Council is not
complied with three ',3) eays of this
issuance, me health servmes officer or
the health servmes officefs designee is
authorized to seize and impound such
oangerous animal. An animal so s~[zed
shall be impounded for a period of
sever (7) days.
(e) If atthe end oftheimpounamen[
period, the person against whom the
decision and order of the health
services officer or City Council was
issued nas not eefifioned the Dubuque
County District Court for review of said
order the health services officer shall
cause the animal to be disposed of by
sale. Dermanensy place such animal to
be disposed of by sale, permanently
place such animal with an orgamzation
or group allowed under section 7-78 of
I thie Code to possess dangerous
animals, or destroy such animal in a
Section 5. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
September:~000.
Jeanne F. Schneider City Clerk
I t 9/11
Robbins moved fina consideration
and passage of the Ordinance,
Seconded by Markham. Ca.ed bythe
following vole: Yeae~Robb[ns, Buol,
Duggan, Markharr Nicholson.
Nays--Cline, Michalski.
Proposed Ordinance - Increasing
Fines for Code Violations: C~ Solicitor
William G. Bium subm~ng an
ordinance amending the Code of
Ordinances by increasing the fine for a
Code of Ordinance violation prssentec
and read Michalsk~ moved that the
communication be received ano filed
Seconded by Buol. Moron carded 7-0
An Ordinance Amending the C~ty of
Dubuque Code of Ordinances Sectio~
1.8 'General Penalty" by increasing the
fine for a Code of Ordinance violation
to a sum not to exceed five hundred
dollars ($500), presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 71-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 1-8
"GENERAL PENALTY" BY
INCREASING THE FINE FOR A CODE
OF ORDINANCE VIOLATION TO A
SUM NOT TO EXCEED FiVE
HUNDRED DOLLARS ($500.00).
NOW, THEREFORE BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. Sec. 1-8 of the City of
Reqular Session, SePte~14~f 5, 2000
338
Dubuque Code of Ordinances is
amended to read as follows:
Sec. 1-8. General Penalty:
The doing of any act prohibited or
declared to be unlawful, an offense or
a misdemeanor by this Code or any
ordinance or code herein adopted by
reference, or the omission or failure to
perform any act or duty required by this
Code or any ordinance or code herein
adopted by reference is, unless
another penalty is specified, punishable
by a fine in a sum not to exceed five
hundrec dollars ($500.00) or
imprisonment not to exceed thirty (30)
days.
Section 2. This Ordinance shall take
effect upon publicafion.
Passed, approved and adopted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Published officially in the Telegraph
Herald-nevcspaper-this ~11th day of
September, 2000.
Jeanne F. Schneider. City Clerk
It 9/11
Michalskf moved that the
requirementthat a proposed Ordinance
be considered and voted on for
passage at two Council Meetings rider
to the meeting at which ti is to be finally
9assed be suspended and further
moved final consideration and passage
of the Ordinance, Seconded by Buo[.
Motion carded 7-0.
Stop Sign - James Street City
Manager re?ommending the addition of
a stop s~gn on James Street au
Langworthy Street, presented and
reae. Markham moved that the
communication be received and filed
Seconded by Michalski. Motion carded
6-0. Nicholson absent during vote.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque,
iowa. by modifying Subsection (b) of
Section 32-214 thereof providing for
the addition of a stop sign on James
Street at Langworthy Street, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 72-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
MODIFYING SUBSECTION (b} OF
SECTION 3:2-214 THEREOF
PROVIDING FOR THE ADDITION OF
A STOP SIGN ON JAMES STREET
AT LANGWORTHY STREET
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE C TY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding James
Street and Lan~vorthy Street to
Subsection (b) of Section 32-214
thereof as follows:
Sect 32-214. Stop Intersections.
(b)
SOUTHBOUND
James Street and Langwortny
Street.
Passed. approved and adopted this
5th day of September, 2000.
Terranee A. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
September, 2000.
Jeanne F. Schneioer. City Clerk
It 9/11 -
Markham moved that the
requirement that a proposed Ordinance
be considered and voted on far
passage at two Council Meetings peer
to the meeting at which it is to be tina[iy
passee 2e suspended and further
moved final consideration and aassage
of the Ordinance Seconded Dy
Michalsld. Metier carried 6-0.
Nicholson absent dudng vote.
Right-of-Way Encroachment
Projecting Sign au 1169-1179 owa
Street City Manager recommending
approval of a request from Jojanaro
Investments to install a projecting sign
at 1168-1179 iowa Street presented
and read. Buo moved that the
communication be received and filed.
Seconded by Markham. Motion carded
7-0.
An Ordinance Authorizing Jojanaro
Investments to construct a projecting
sign at 1169-1179 Iowa Street,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 73-00
AN ORDINANCE AUTHORIZING
JOJANARO INVESTMENTS TO
CONSTRUCT A PROJECTING SIGN
AT 1169-1179 IOWA STREET
NOW THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That dojanaro
Investments as red owner of the
premises Known as 1169-1179 Iowa
Street, Dubuque, Iowa. and legally
dsscfibed as S 16.07' of N 2/5 of City
339 Regular Session, September 5, 2000
Lot 459, S 18.07' of N 86.73' of the N
2/5 of Lot 459 and S 18.13' of N 86.73'
of N 2/5 of City Lot 459 be and they are
hereby granted the revocable permit
and authority to construct and maintain
a projecting sign under the terms and
conditions set forth in this Ordinance.
Section 2. That such construc~on
shall be done in accordance with plans
heretofore submitted by permitteee and
approved by the City Manager. uneer
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal taws and
regulations, and the Ordinances ef the
City of Dubuque.
Section 3 That the permis.~on
herein granted is expresss, conditioned
on permittees' agreement to:
a. Assume any and all liabi[~ for
aamages to persons or proper~y which
may result ,*rom the existence, location,
inefallatJon, const~uc~on or
maintenance-of said proje~ng sign;
and
o. Procure and maintain in force
dudng the term of this permit a policy of
[iabilC:y insurance as set forth in the
at~ached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, alt 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 location
installation, e.~stence, constru~on or
maintenance of said projecting sign
sustained by any person or persons,
caused by accident or otherwise [o
defend at its own expense and on
behalf of said City any claim against
~he City of Dubuoue arising out of the
location, installation, existence
cons[ruction or maintenance of the
projecting sign and to pay reesonable
a~tomey fees therefor, and
d. Indemnify, defend and hold the City
of Dubuque free end harmless from
any and ail claims, loss, Jiability and
expense for death and/or injudes to
third careens or damages to property of
third persons, or for damage to any
proper~y of the City of Dubuque which
may occur as a result of or in
connection with the Ioca~on,
instaflation, existence, construction,
maintenance and repair of the facility,
work or ~mprovement permitted herein.
Section 4. That the permission
herein granted ~s expressly conditioned
upon permittaes' further agreement that
should the right aha pn~lege herein
granted be rescinded or revoked By toe
City Council, permittees, or their
successors in interest, as owners of the
abutting prepare/, shall within leo [10)
oays after receipt of written notice from
the City Manager, so [o do. at meir own
expense, remove said projecting s~gn
and ~n the event of their failure to oo
so. the City of Dubuque shall be
authorized re ,amore said projecting
sign at permittees' expense ane
dispose of the same, and the permittee
shall nave no claim against the C~ or
its agents for damages resuming from
the removal of said projecting sign.
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of [he design, erection
foca~on, construction, reoair or
maintenance of said facility and said
~permittees hereby covenant and agree
not to assert such claim or defense
against the CEy of Dubuque ~n the
event of claim asserted for death,
persona[ ~njunes and/or property
-damage against the permiftees adsing
oat of or in any way connected with the
location, installation, constru crier
design, repair and maintenance of the
facility herein perm~ed.
Section 6. This Ordinance shatl
become effective and the dghts
hereunder accrue to Jojanaro
Investments when this Ordinance has
been adopted by the City Council ant
the terms and conditions thereof
accepted by permittees by accep[anca
endorsed on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and dirac~eu to
file at permittees' expense a copy of
th~s ordinance in the Office of the
Recoraer in and for Dubuque County,
iowa.
Passed, approved and adopted this
5th day of Septemoer, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 73-00
We, the undersigned having -eac
and be ng faro ilar with the terms ane
conditions ef Ordinance No 73-00
hereby, for themselves, their
the abutting property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed ~y
I permittees.
By: Is/Robert J. Felderman
By:/s/Janet B. Fetderman
By: ts/John L. Felderman
By:/S/Nancy J. Felderman
Jojanaro Investments
Dated: August 4. 2000
Published officially in the Telegraen
Reqular Session~ September 5~ 2000
340
Herald newspaper this 11th day of
September, 2000.
Jeanne F. Schneider, City Clerk
It 9/11
Budi 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 and further
moved final consideration and passage
of the Ordinance. Seconded by
Markham. Motion carded 7-0.
Right-of-Way Encroachment
Projecting Sign at 1824 Central
Avenue: City Manager recommending
approval of a request from Pfohl
investment to install a projecting sign at
1824 Central Avenue, presented and
read. Markham moved that the
communication be received and filed.
Seconded by Robbins_ Motion carded
7-0. - ..........
An Ordinance Authorizing Pfohl
Investment to construct a projecting
sign at 1824 Central Avenue,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 74-00
AN ORDINANCE AUTHORIZING
PFOHL INVESTMENT TO
CONSTRUCT A PROJECTING SIGN
AT 1824 CENTRAL AVENUE
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Pfohl Investment as
the owner of the premises known as
1824 Central Avenue, Dubuque, Iowa,
and legally described as the S 1/2 of
the S.M. 1/5 of C~ Lot 436 be and is
hereby granted the revocable permit
and authority to construct and maintain
a projecting sign under the terms and
conditions set foCch in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submAed by permiftees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with ail
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittess' agreement to:
a. Assume any and all Iiabilfb/ for
damages to persons or property which
may result from the existence, location,
installation; construction or
maintenance of said projecting sign;
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 C~ 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
cf any kind resulting from the location,
installation, existence, construction or
maintenance of said projecting sign
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 arising out of the
location, installation, existence,
construction or maintenance of the
projecting sign and to pay reasonable
attorney fees therefor, and
d. Indemnify, defend and hold the
City of Dubuque free and I'~rmlsss
from any and all claims, loss, liability
and expense for death and/or injuries
to [qird persons or damages to property
of third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permiftess' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
C~ Council, permittees, or their
successors in interest, as ownere cf the
abutting properb/, shall within ten (10)
days after receipt of written notice from
the C~ Manager, so to do, at their own
expense, remove said projecting sign
and in the event of their failure to do
so~ the City of Dubuque shall be
authorized to remove said projecting
sign at perm~ess' expense and
dispose of the same, and the permittee
shall have no claim against the City or
its agents for damages resulting from
the removal of said projecting sign.
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not cons~ate an
apprevai of the design, erection,
location, construction, repair or
maintenance of said facility and sam
permittaes hereby covenant and agree
not to assert such claim or dofense
against the City of Dubuque in the
event of claim asserted for d~-:~th,
personal injuries and/or property
damage against the permlttees arising
34] Regular Session, September S, 2000
out of or in any way connected with the
location installation, construction
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the dghts
qerounder accrue to Pfoh[ mvestmen~
when this Ordinance has been adopted
by the City Council and the terms and
conditions thereof accepted by
cermittees by acceptance endorsed on
this Ordinance.
Section 7. That the ~ Clark be
and she is authorized and directed to
die at permittees' ex~ense s copy of
this ordinance in the Office of the
Recorder in and for Dubuque County
owa.
Passed, approved and adoeted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
Attest Jeanne F. Schneider. City Clerk
Acceptance of Ordinance No. 74-00
--~I~- Clarence -P. Pfoh]; ~ road
the terms and conditions of the
foregoing Ordinance No. 74-00 and
being familiar with the conditions
thereof, hereby accept this same and
agree re the conditions required
therein.
Dated in Ddbi~que, Iowa, this 5th day
of September. 2000.
By:/s/Clarence P. Pfohl
Owner
August, 31. 2000
Published officially in the Telegrapl~
Herald newspaper this 11th day of
September. 2000.
Jeanne F. Schne[ds[. City Clerk
It 9/11
Markham moved that the
requirement that a proposed Ordinance
be considered an~ voted on for
oassage au ~vo Council Meetings pdor
to the meeting at which it is to be tina[ly
oassed be suspended and further
moved final consideration an[ passage
of the Ordinance. Seconded by
Robbins. Motion carded 7-0.
Neighborhood Grant Process: City
Manager recommending approval of a
revised Neighborhood Grant Program,
presented and roue. Buol moved that
the communication be received and
filed and concurred w~h the
recommendation. Seconded by
Nicholson. Motion carried 7-0.
Historic Preservation Initiatives:
Communication from the Historic
Proservaaon Commission submitting
proposee historic 3reservation
incentives for review and evaluation.
presented and read. Michalski moved
that the communication be 'eceived
and filed and referred to Staff for study
in connection with buaget process.
Seconded by BUOL Motion carded 7-0.
Operation: New View
Representa~ve: City Council
appointment of Council Member
Pard[la Cline as the City's
representative on the Operation: New
View Board (currently Council Member
Nicholson~. Markham moved to
appoint Council Member Cline.
Seconded by Buol. Motion carded 7-0_
Five Flags Center Lavatory Stations
Replacement Project: City Manager
submitting documents providing for
initiation of the :ive Flags Center
Lavatory Stations Replacement
Project, presented and read. BuoI
moved that the communication 3e
received and tiled. Seconded oy
Nichotsorr. Motion carried 7-0.
RESOLUTION NO. 428-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE 1T RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans,
specifications, torrr of contract uno
estimated cos[ for the Five Flags
Center Lavatory Stations Replacement
Project. in the estimated amount of
$45,500, are hereby approved ane
ordered tiled in the office of the C~
Clerk, for public inspection
Passed approved and adopted this
5th day of September. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneieer, C~ Clerk
Buot moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 429-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the
City ef Dubuque, lows has given its
preliminary approval on the proposed
p~ans, specifications, an[ form of
contract and placed same on file in the
office of the CH Clerk for oub[ic
inspection of the Five Flags Center
Lavatory Stardons ReDlacemen(
Project.
NOW. THEREFORE BE IT
RESOLVEE BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA.
that on the 2nd day of October. 2000. a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium si
Reqular Session, September 5~ 2000
342
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and piece of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice chall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the headng, any
interested person may appear and tile
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, approved and adopted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Niche[son.
MulJo. carded T-0.
RESOLUTION NO. 430-00
ORDERING BIDS
BE IT RESOLVED BY THE
COUNCIL OF THE CiTY OF
DUBUQUE, IOWA: .
That the Five Flags Center Lavatory
Stations Replacement Project is hereby
ordered to be advedised for bids for
COn.ruction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice te bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertiee for bids for the construction
of the improvements herein provided,
to be published ia a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be Ieee than four days ncr more than
twenty days prier to the receipt of said
bids at 2:00 p.m. on the 21st day of
September, 2000. Bids shall be
opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 6:30 p.m. on
the 2nd day of October, 2000.
Passed, approved and adopted this
5th day of September, 2000:
Torrance M. Duggan, Mayor
At[est Jeanne F. Schneider, City Clerk
Buol moved adoption of the
reeelution. Seconded by Nicholson.
Motion carried 7-0.
Villa Street Retaining Wall
Reconstruction: City Manager
subm~ng documents providing for the
Villa Street Retaining Wall
Recenstrucdon Project, presented and
read. Michalski moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 431-00
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,
specificationsl form of contract and
estimated cost for the Villa Street
Retaining Wall Reconstruction Project,
in the estimated amount of
$104,500.00, are hereby approved and
ordered filed in the or, ca of the City
Clerk for public inspection.
Passed, adopted and approved this
5th day of September, 2000.
.... Terranca M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Michalsld moved adoption of the
Resolution. Seconded by BuoL Motion
carried
RESOLUTION NO. 432-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas; the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Villa Street Retaining
Wall Reconstruction Project
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 18th day of Beptamber,
2000, a public hearing will be held at
6:30 p.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such hearing to be published ia a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice ehall be not less than four days
nor more than twenty days prior to the
day fixed for i~ consideration. At the
nearing, any interested person may
appear and file objections to the
proposed plans, specifications,
contract, or estimated cost of the
~mprevement
Regular Session, September 5, 2000
Passed, aeopted and appmvad this
5th day of September. 2000.
Terranca M. Duggan, Mayor
At, est: Jeanne F. Schneider, City Clerk
Michaiski moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 433-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE OWA:
That the Villa Street Retaining Wall
Reconstruction Project is nereey
ordered to De advertised for bids for
BE IT FURTHER RESOLVED, that
the amount of the security [o
amount which shall conform to the"
prowslons of the notice to bidders
hereby approved as a part of the plans
"and~pebifications heretofore adopteo.
Thatthe City Clerk is hereby directed
tq advertise for bids for the construction
of the improvements herein-provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa. which notice shall not
forty-five days pdor to the receipt of
said bids at 2:00 p.m. on the 13th day
of September. 2000. 9ids shall be
opened and read by the City Clerk at
said time and will be submbted to the
Council for final action at 6:30 p.m. on
the 18th day of September 2000.
Passed. adopted and approved this
5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Cierk
Michaiski moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
2000 Sidewalk Assessment - Center
Grove/Cedar Cross Road/Embassy
West Drive: C~ Manager submitting
oocumen[s providing for construcfio~ of
the 2000 Sidewalk Assessment [Center
Grove/Cedar Cross Road/Embassy
West Drive) Project, presented and
read. Buol moved that the
communication be received and flied.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 434-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the prcposea plans,
specifications, form of contract aha
estimated cost for the 2000 Sidewalk
Assessment Pro.iect CenTer
Grove/Cedaz Cross Road]Embassy
West Drive in the estimated amount of
$300.509.81, are hereby approved and
ordered tiled in the office of the City
Clerk for public inspection
Passed, adopted and approved this
5th day of September, 2000
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of tne
resolution. Seconded by ~icholson.
Motion carried 7-0.
RESOLUTION NO. 435-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas. the City Council of the City
of Dubuque, Iowa has given ~ts
preliminary approval on the proposed
plans, specifications, and form of
contract and p£aced same on file in the
office of the City Clerk for pubiic
inspecuon of the 2000 Sidewalk
Assessment Project Center
Grave/Cedar Cross Road/Embassy
West Ddve.
NOW THEREFORE. BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA
That on the 2nd day of October
2000, a public hearing will be held at
6:30 p.m in the Public Library
Auditodurr az which time interested
persons may appear and be heard for
or against the proposed plans and
specifications, forr¢ of contract and
cos[ of said improvement and the City
Clerk be and is hereby directed
cause a notice of time and 3lace of
suca hearing to ae published in a
newspaper having general circulation
in the City of Dubuque iowa which
notice shall be nat less than four days
nor more than twenty days pr[or to the
day fixed for its consideration. At the
nearing, any interested person may
appear and file objections re me
proposed plans, specifications,
contrac[, ar estimated cost of the
improvement.
Passed, adopted and approved this
5th day of September, 2000.
Terrance M. Duggan, Maym
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoation of rna
resolution. Seconded by Nicholson.
Metier carded
RESOLUTION NO. 436-00
RESOLUTION OF NECESSITY
Whereas, proposea pJans have Dean
duly prepared and approved by the City
Reqular Session, September 5~ 2000 344
Council of the City of Dubuque and are
now on tile in the office of C~ Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary plat and
schedule show~ng the amount
proposed to be assessed against each
lot and the va[ua%n of each lot as tiled
by the City Council, for the 2000
Sidewalk Assessment Project - Center
Grove/Cedar Cross Road/Embassy
West Drive.
NOW THEREFORE; BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the City Council deems it
advisable and necessary for the public
welfare to make the herein mentioned
improvements, and unless property
owners at the time of the final
consideration of this proposed
resolution have on file with the C~
Clerk objections to the resolution of
necsssity, they~hall be deemed-to
have waived all obje~ons pertaining to
the regularity of the proceeding and the
legality of using the special
assessment procedure.
Said improvements shall be
constructed and done in accordance
with the plans and specifications which
have been approved by the City
Council and now on die with the City
Clerk. That the cost and expense of
making such improvement will be
assessed partially or totally against
privately owned property lying with the
assessment limits, and in an amount
not to exceed that provided by law, and
in propodion to the special benefits
conferred.
The portion of the cost which shall
be borne by the City will be paid from
the Cb sidewalk repairs and guardrail-
improvements funds, and special
assessment bonds may be issued in
anficipation of deferred payments of
assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the
contractor.
The above resolution was
introduced, approved and ordered
placed on file with the City Clerk this
5th day of September, 2000.
Approved and placed on file for final
action.
Torrance M. Duggan, Mayor
At, est: Jeanne F. Schneider, C~ Clerk
RECORD OF FINAL ADOPTION
The foregoing Rssolution was finalIy
passed and adopted as proposed by
the City Council this 5th day of
September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolu~on. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 437-00
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, I to 1
inclusive, are hereby determined to be
the schedule of proposed assessments
for the 2000 Sidewalk Assessment
Project - Center Grove/Cedar Cross
Road/Embassy Wast Drive and the
valuations set out herein are hereby
approved.
Passed, approved and adopted this
5th day of September, 2000.
Torrance M. Duggan, Mayor
Attest~ Jeahd"~ F.' Schneiderl City Clerk
Buol moved adoption of the
resolufion. Seconded by Nicholson.
Motion carried 7-0.
Police Department Block Grant
Funds for Calendar Year 1999 and
Calendar Year 2000: C~ Manager
recommending that a public hearing be
scheduled for September 18, 2900, to
consider the expenditure of Police
Department 1999 Block Grant Funds
and 2000 Block Grant Funds,
~rssented and read. Michalski moved
that the communicafion be received
and filed and set Public Heating for 9-
t8-00 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescribed
by law. Seconded by Buol. Motion
'carded 7-0.
Bond Sale to Support Third Street
Parking Ramp and Airport T-Hangars:
City Manager recommending that a
~ublic heating be set for September 18,
2000 to consider the sale of General
Obligation Bonds to support
construction of the Third Street Parking
Ramp ($5,600,000) and Airport T-
Hangars ($690,000), presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 438q30
RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF
THE ISSUANCE OF NOT TO EXCEED
$690,000 GENERAL OBLIGATION
345 Regular Session, September 5, 2000
BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF
DUBUQUE. IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE
THEREOF
Whereas. it is deemed necessary
and advisable that the City of Dubuque
Iowa should issue General Obligation
Bonos to the amoura of not to exceed
$690.000 aa authoff~.ed by Sectiec
384.25. of the Code of Iowa, for the
purpose of providing funds to pay costs
of car~ing out an essential corporate
purpose project as hereinafter
descdbeo: aha
Whereas, before said Bonds may be
issued it is necessary to comply with
the provis~one of said Code and to
publish a notice of the proposs{ to
issue such Bonds and of the time and
place of the meeting at which the
Council proposes to take action for the
issuance of the Bonds and to receive
brafand£oi'-Wr~eh objebtion~ ~rem ~ny
residentor propec:y owner of said City
to such action.
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. Thatth[s Council meet in
the Auditorium, Carnegie-stout Public
Library, Dubuque, iowa, at 6:30 o'clock
P.M. on the 18th day of September.
2000, for the ourccae of taking action
on the matter of the issuance of notto
exceed $590.000 General Obligation
Bonds for an essential corporate
purocae of said City, the proceeds of
which Bonds wil~ be usee to provide
funds to pay costs of construction of
improvements at the Dubuque
Regional Airport, including those costs
associated with the rehabilitation and
improvement of existing T-hangar
airplane tacilitss and the construc~an
of new T-hangar airplane facilities
Section 2. That the Clerk is hereby
directac to cause a~ leas[ one
3ublication to be mede of a notice of
said meeting, in a legal newspaper,
3tinted wholly in the English language
~ubtished at lease once weekly, and
having general circulation in said City,
said publication to be not less than four
clear aays nor more than twenty days
before the date of said eublic meeting
on the issuance of said Bonds.
Section 3. The notice of the
oroaosed action to issue said Bonds
shall be n substantially/ the following
form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE. IOWA. ON THE MA~I-ER
OF THE PROPOSED ISSUANCE OF
NOT TO BXCEED $690,000 GENERAL
OBLIGATION BONDS (FOR AN
ESSENTIAL CORPORATE PURPOSE)
OF SAID CITY. AND THE HEARING
ON THE ISSUANCE THEREOF
PUBLIC NOTICE is hereby given
that the Council of the Cit~ of Dubuque,
Iowa, will hold a public headng on the
18th day of September, 2000, at 6:30
o'closk P.M. in the Auditorium,
Carnegie-Stout Public Library
Dubuque, Iowa, at which meeting the
Council proposes to take additional
action for the issuance of notto exceed
$690.000 General Obligation Bonds for
an essential corporate purpose of said
City, in order to provide funds [o pay
ccats of construction of improvements
at the Dubuque Regional Airport,
including those costs associated with
the rehabilitation and improvement of
existing T-hangar airplane facilities and
the construcbon of new T-hangar
airplane facies.- .....
At the above meeting me Council
shall receive oraf or wri~en objections
from any resident or eroDert~ owner of
said City, to the above ecdon. After all
objections have been receivec ano
considered, the Council will au this
meeting or at any adjournmeat theraof
take additional action for the issuance
cf said Bonds or will abandor me
proposal to issue said Bonds.
This notice is given by order of the
Council ef Dubuque, Iowa. as provided
by Section 384.25 of the Code of iowa.
Dateo this 5th day of September,
2000.
Jeanne F. Schneider,
City Clerk of Dubuque, owa
(End of Notice~
Passed and approved this 5th day of
September. 2000.
Terrace M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
9ual moved adoption of the
Resolution and further set this for
Public Hearing on 9-18-00 at 6:30 P.M.
in the Public Library Audltodum ano
that the City Clerk publish notice in the
manner orescribed by law. Seconded
by Nichotson. Motion carried 7-0
RESOLUTION NO, 439-00
RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF
THE ISSUANCE OF NOT TO EXCEED
$5,600,000 GENERAL OBLIGATION
BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF
DUBUQUE, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE
THEREOF
Re.qular Session, September 5~ 2000
346
Whereas, it is deemed necssss~y
and advisable that the City of Dubuque,
iowa, should issue General Obligation
Bonds to the amount of notre exceed
$5,600,000 as authorized by Section
384.25, of the Code of iowa, for the
purpose of providing funds to pay costs
of carrying cut an essential corporate
purpose project as hereinafter
described; and
Whereas, before said Bonds may be
issued, it is necesssry to comply with
the provisions of said Code, and to
publish a notice of the proposal to
issue such Bonds and of the time and
place of the meeting at which the
Council proposes to take action for the
issuance of the Bonds and to receive
oral and/or wdtten objections from any
resident or property owner of said City
to such action and the tight to petition
for an election.
NOW, THEREFORE, BE IT
RESOLMEE~t3Y -THE C~TY COUNCIL
OF THE CITY OF DUBUQUE, IO~A:
Sodden 1. Thatthis Council most in
the Auditorium, Carnegie-Stout Public
Library, Dubuque, Iowa, at 6:30 o'clock
P.M. on the 18th day of September,
2000, for the purpose of taking action
on the mafter of the issuance of not to
exceed $5,600,000 General ObligalJon
Bonds for an essential corporate
purpose of said City, the proceeds of
which Bonds will be used to provide
funds to pay costs of aiding in the
planning, undertaking and carrying out
of urban renewal project activities
under the authority of Chapter 403 of
the Code of Iowa and the Amended
and Rsstated Urban Renewal Plan for
the Downtown Dubuque Urban
Renewal District, including but not
limited- to the construction of a
structured parking facility located at
Third and Main Street.
Section 2. That the Clerk is hereby
directed to cause at least one
publication to be made of a notice of
said meeting, in a legal newspaper,
printed wholly in the English language,
published at lease once weaidy, and
having general circulation in said City,
said publication to be not less than four
clear days nor more than twenty days
before the date of said public meeting
on the issuance of said Bonds.
Section 3. The notice of the
proposed action to issue said Bonds
shall be in substantially the following
form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $5,600,000
GENERAL OBLIGATION BONDS
(FOR AN ESSENTIAL CORPORATE
PURPOSE) OF SAID CITY, AND THE
HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given
that the Council of the City of Dubuque,
iowa, will hold a public heating on the
18th day of September, 2000, at 6:30
o'clock P.M. in the Auditorium,
Carnegie-Stout Public Library;
Dubuque, Iowa, at which meeting the
Council proposes to take additional
action for the issuance of not to exceed
$5,600,000 General Obligation Bonds
for an essential corporate purpose of
said City, in order to provide funds to
pay costs of aiding in the planning,
undertaking and carrying out cf urban
renewal project activ~es under the
author~ of Chapter 403 of the Code of
iowa and the Amended and Restated
~JrbaT~~Renewal Pi-an for the Downtown
Dubuque Urban Renewal Disttict~
including but not limited to the
construction of a structured parking
facility located at Third and Main
Streets.
At the above meeting the Council
shall rece'rve oral or written objections
from any resident or preper~y owner of
said City, to the above action. After all
objections have been received and
considered, the Council will at this
meeting or at any adjournment thereof,
take additional action for the issuance
of said Bonds or will abandon the
proposal to issue said Bonds.
At any time before the date of said
meeting, a petition, asking that the
question of issuing such Bonds be
submitted to the legal voters of said
City, may be flied with the Clerk of said
City in the manner provided by Section
362.4 ofthe Codeeflowa, pursuantto
the provisions of Section 384~26 of the
Code of Iowa.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Section 384.25 of the City Code of
Iowa.
Dated this 5th day of September,
2000.
Jeanne F. Schneider,
City Clerk of Dubuque, Iowa
(End of Notice)
Passed and approved this 5th day of
September, 2000.
Terrace M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buol moved adootion of the
Resolution and further' set this for
Public Heating on 9-18-00 at 6:30 P.M.
n the Public Library Auditorium and
347 Regular Session, September 5, 2000
that the City Clerk pubr~h no~ce in the
manner prescribed by law. Seconded
by Nichoison. Motion carded 7-0.
Fiscal Year 2001 Budget
Amendment City Manager
recommending that a public hearing be
set for September 18. 2000 to consider
an amendment tothe Fiscal Year 2001
Budge~, presented and read, Michaistd
moved that the communication be
received and filed. Seconded byBuaL
Motion carded 7-0.
RESOLU'RON NO. 440-90
RESOLUTION DIRECTING THE CFI-Y
CLERK TO PUBLISH PROPOSED
AMENDMENT TO THE FISCAL YEAR
2001 BUDGET AND DATE OF
PUBLIC HEARING
Whereas. it is propoead that the City
of Dubuque amend the FiseaJ Year
2001 budget; and
Wl~e?eas, -Section 384.16 of the
Cede of Iowa s~pulates that a aubiis
hearing must be held on such a budget
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1_ That the City Clerk be
and is hereby authorized and directed
to publish notice of public heating on
an amendment to the adopted budget
fur the City of Dubuque, Iowa.
Passed, approved and adopted this
5th day of September, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider. City Clerk
Michalski moved adoption Of the
Resolutiea and set Public Headng for
9118/00 at 6:30 P~M, in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescribed by law Seconded by BuoL
Motion carded 7-0.
Approvea /(~¢¢, ~ ,2000
Adopted /~¢/J" ~ 2000
Council-Members
~ ,-~
Olerk --
At 8:38 P.M Buol moved to go into
Closed Session: Pending L'rtigation and
Property Acouisition (Iowa Code
§21.5(1)(c)(j). Seconded by Nisholecn.
Motion carded
At 9:34 P.M,. Council reconvened
Regular Session with statement that
Staff had been g~ven proper direction.
There being no further business
Bubl moved ~c adjourn the meeting.
Seconded Dy Nichblson. Motion
corned 7-0. The meeting adJourneo a[
9:35 P.M.
Jeanne F. Schneider
City Clerk
Req ular Session, September 18+ 2000 348
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
C~ Council, Regular Session,
September 18, 2000
Council met in Regular Session at
6:30 P.M. in the Library Auditadum
Present: Mayor Duggan, Counci~
Members Cline, MichalskJ, Nicholson,
Acting C~ Manager Pauline Joyee,
Corporation Counsel Barry UndahL
Absent: Council Members Buol,
Markham, Robbins and City Manager
Michael Van Milligen.
~aj/or Dugga_n T~a_d_~he call apd
stated this is the Regular Session of
the City Council called for the purpose
of acflng upon such business which
may propedy come before the C~
Council
Invocaflon was given by Rev. Tim
Bees, Pastor, First Baptist Church.
PROCLAMATIONS: Wireisss
Etiquette Month (September, 2000);
Consdtuflon Week (September 17,- 23,
2000) received by Mariiyn McDonald;
Crop Walk Day in Dubuque (October 1,
2000) received by Bob Krayer, Mental
illness Awareness Week (October 1 -
7, 2000) received by Carol Oberfoeli;
and Trick or Treat Night (October 31,
2OOO).
Minutes Subm~ed: Airport
Commission of August 28 and
September 5; Civil Service
Commission of July 27; Community
Development Advisory Commission of
August 15; Histodc Preservation
Ordinance Tssk Force of September 7;
Housing Commission Trust Fund
Committee of September 7; Human
Rights Commission of August 14,
Zoning Beard cf Adjustment of August
24, presented and read. Nicholscn
moved that the minutes be received
and filed. Seconded by MichalsM.
Motion carried 4-0.
Proof of Pubficaflon of Council
Proceedings for Meetings of August 21,
28, and 29; List of Claims and
Summary of Revenues for Month
Ending July, 2000, presented and read.
Nicholsea moved that the proofs be
received and flied. Seconded by
Michalski. Moflon carded 4-0.
Finance Director Kenneth J~ TeKJppe
submitting the financial reports for the
month ending August 31, 2000,
presented and read. Nicholson moved
that the reports be received and filed.
Seconded by Michaiskf. Motion carried
4-0.
Dan Bukowski in estimated amount
of $735.72 for vehicle damage; Gall
Cording in estimated amount of $2,050
for personal injuries; Shelia Czipar in
estimated amount of $20.00 for
property damage; James Kearney in
estimated amount of $3,000 for
property damage; Robert Papenthien in
estimated amount cf $270.50 for
property damage, presented and read.
Nicholeen moved that the claims and
suits be referred to the Legal S~f for
investigation and report. Seconded by
MichalskJ. Motion carded 4-0.
Original Noflce and Petit[on l~[ed
against the City in connect[on with a fall
at the Five Flags Center, presented
and read. Nicholson moved that this
be referred to the Legai Staff for
investigation and report. Seconded by
Michalski. Motion carded 4-0.
Corporation Counsel advising the
following claims have been referred to
Public Entity Risk Services of iowa, the
agent for the Iowa Communifles
Assurance Pool: Patrick Konean for
vehicle damage; Diane Wedz for
vehicle damage, presented and read.
Nicholson moved that the
cammunicaflons be received and filed
and concurred with the
recommendation. Seconded by
Michalski. Motion carded 4-0.
Corporation Counsel recommending
s.sttiement of the vehicle damage ciaim
of Michele Schrefber in the amount of
$142.00 and Horsfleld Construction in
amount of $6,248.70 for property
damage and directing the Finance
Director to issue payment, presented
and read. NichoJeen moved that the
communication be received and flied
and concurred with the
recommendation. Seconded by
Michalski. Mction carded 4-0.
Citizen Communications:
Communication of Bonnie Maiers
regarding the issue of what to do with
the Town Clock Plaza and
349 Regular Session, September 18, 2000
Communication of Tracy Ploess
requesting that her claim for vehicle
damage, which was aemed, be
reviewed again, presented and read.
Nicholson moved that this be referred
To the City Manager. Secondec Dy
Micha[ski. Motion corded 4-0.
Viontcrest Street: PeCan containing
22 signatures requesting that
Montcrest Street remain open, and
communication of City Manager
regarding the Montcrest Street project,
presented and read. Nicholson movec
that this be referred To the City
Manager. Seconded by Michalski.
Motion carded 4,8.
August 29, 2000
Honorable Mayor and Members of the
City Council
In accordance with ChaCer 400 of
the 1999 Code of Iowa. an examination
for t~ po~tiomof-Sanitation Driver
was g~ven on August 16. 2000. We
hereby codify that the following
individuals have passed this written
examination and the vacancy for this
posidon should be made from this
and that this list is good for two (2)
years from above date.
SANITATION DRIVER
Raymond J. Behnke
Emie J. Westby
Randy J. Vsske
Frederick A. Bdmeyer
James R. Powers
Tony J. Severson
Terry K. Dolan
Rsspectfutly submitted.
/s/Loras J_ KJuesner, Chairperson
~/Mede Duehr
/s/Richard Wedzberger
Civil Service Commission
August 29. 2000
Honorable Mayor and Members of the
City Council
In accordance with Chapter 400 of
the 1999 Code of iowa, an examination
for the position of Lead Applica~ons/
Network Analyst was given on July 27,
2000. We hereby certify treat the
following individuala have passed this
written examination and the vacancy
for this {3osition should be made from
this list and that this list is good for two
(2) years from above date.
LEAD APPLICATIONS/
NETWORK ANALYST
Thomas P. Coyle
Tony J. Steffen
Respectfully submitted.
/s/Loras J. Kluesner, Chairpersor
/si Mede Duehr
/s/Richard Wertzberger
CMl Service Commission
Niche[son moved to make the above
Civil Service certifications a ma~er of
"score. Seconded by MichalskL
Motion carded 4-0.
SubdMsion Plat - Kerper Court:
Zoning Advisory Commission advising
of their approval of Plat of Surve¢, of Lot
1-2 and Lot 2-2 of Kerper Industrial
Park and Lots 0 C and D of Kerper
Industrial Park as requested by the City
of Dubuque, presented and read.
Nicholson moved that me
communication be received and tiled.
Seconded by Miehalski. Motion carded
4-0.
RESOLUTION NO. 441-80
RESOLUTION APPROVING THE
PLAT OF SURVEY LOT 1-2 & LOT 2-
2 OF KERPER iNDUSTRIAL PARK
AND LOTS 6, C & D OF KERPER
INDUSTRIAL PARK, IN THE CITY OF
DUBUQUE, IOWA
Whereas. there has been filed with
the City Clerk a plat of survey Lot 1-2 &
Lot 2-2 of Kerper ]ndustha[ Park. and
lots 6. C & D of Kerper Industrial Park:
and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon: and
Whereas, said survey plat has beer
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the plat of survey
Lot 1-2 & Lot 2-2 of Kereer Industtia
Park and 1_ets 6. O & D of Kerper
Industrial Park, is hereby approved anc
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat
Passed, approved and adopted this
18th day of September. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholso~ moveo adootion of the
Resolution. Seconded by Michalski.
Motion carried 4-0.
SubdMsion Plat - Fourth Street
Peninsula: Zoning Advisory
Commission advising of their aeorova
of Plat of Survey of Lots 1 through 3 of
I Riverwalk Second Addition as
requested by the City of Dubuque,
Regular Session,
presented and read. Nicholson moved
that the communication be received
and tiled. Seconded by Michaisld.
Motion carded 4-0.
RESOLUTION NO. 442-00
RESOLUTION APPROVING THE
PLAT OF SURVEY LOTS 1 THRU 3
OF RIVERWALK 2ND ADDITION, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been tiled with
the City Clerk a plat survey Lots 1 thru
3 of Riverwaik 2nd Addition; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE ClTYOF DUBUQUE~ IOWA:
Section 1. That the piat of survey
Latsl thru 3 of Riverwalk 2nd Addition,
is hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said final
plat.
Passed, approved and adapted this
18th day of September, 2000.
Terrance M. Duggan; Mayor
Attest:. Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the
Resolution. Seconded by Michalski.
Motion carded 4-0.
Subdivision Plat ~ U.S. Highway 20
atOId Highway Road: Zoning Advisory
Commission advising of their approval
of the Final Plat of Lots 1, 2 and 3 of
Weber Acres as requested by Edward
Tschiggftie, presented and read.
Nicholson moved that the
communication be received and filed.
Seconded by MichalskL Motion carded
4-0.
RESOLUTION NO. 443-00
RESOLUTION APPROVING THE
FINAL PLAT LOTS 1, 2 AND 3 OF
WEBER ACRES IN DUBUQUE
COUNTY, IOWA
Whereas, there has been tiled with
the City Clerk a final plat Lots 1, 2 and
3 of Weber Acres, in Dubuque County,
Iowa, Lot 1 being in the City of
Dubuque; and
Whereas, upon said plat provides 0
.feet of frontage for Lot 3, where 60 feet
~s required by Section 42-1g(b) of the
Subdivision Regulations; and
September 18, 2000 350
Whereas, said plat has been
examined by .the Zoning Advisory
CommiSSion and had its approval
endorsed thereon; and
Whereas, said plat has been
f examined by the City Council and they
find that it conforms to the etatutes and
ordinances relating thereto.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1_ That Section 42-19(b) of
the Subdivision Regulations is waived
to allow Lot 3 to have 0 feet of
frontage, where 60 feet is required.
Section 2. That the final plat Lots 1,
2 and 3 of Weber Acres 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
Section 3. That the City Council
hereby waives A~cle IV, Design and
Improvement Standards cf the
Subdivision Regulations, except
Section 42-19, Lots and Blocks.
Passed, approved and adopted this
18th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nichoison moved adoption of the
Resolution. Seconded by MichaiskL
Motion carded 4-0.
Agreement for STP Funding from the
Iowa Department of Transportafion:
City Manager recommending an
agreement for STP Funding from the
Iowa Department of Transportation for
the Highway 20 landscaping project,
)resented and read. Nichoison moved
that the communica~on be received
and tiled. Seconded by Michalski.
Motion carded 4-0.
RESOLUTION NO. a. d44)0
APPROVAL OF AGREEMENT FOR
STP FUNDING
BE IT RESOLVED, BY THE CITY
COUNCIL OF THE. CITY OF
DUBUQUE, IOWA:
Thatthe agreement for STP Funding
with the ~owa Department of
Transportation for $100,000 to be used
on Phase I of the Highway 20
Landscaping Project is approved and
the City Manager is authorized to sign
the agreement.
Passed, approved and adopted this
18th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the
Resolution. Seconded by MichalskL
351 Regular Session, September 18, 2000
Motion carded 4-0.
Five Flags Center Skate Tile
Installation: City Manager
recommending acceptance of the Five
Flags Center Skate Tile Installation
project, presented and read. NichoL~on
moved that the communication be
received and filed. Seconded by
Michalski. Motion carded 4-0.
RESOLUTION NO. 445-00
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the Five
Flags Center Skate Tile [nstallatior
Project has been completed and the
City Manager has examined the work
and filed his cer~cata stating that the
came has been cempleted according [o
the terms of the contract, orans and
specifications and recommends its
acceptance.
NOW THEREFORE. BE IT
RESOL~/ED BY THE CiTY COUNCIL
OF THE CI-P¢ OF DUBUQUE, IOWA:
Sedan 1. Thatthe recommendat~o~
of the City Manager be app[cved and
that saic 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
the Fiscal Year 2001 apprapdations in
the amount of $55,978.00 in General
Funds. in amount equal to the amount
of this contract less any retained
percentage provided for therein.
Passed. aDoroved and adopted this
18th day of Seotember, 2000.
Ts[rance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholson moved adoption of the
Resolution. Seconded by Michalski.
Motion carded 4-0.
RESOLUTION NO. 446-00
FINAL ESTIMATE
WHEREAS. the contract for the Five
Flags Center Skate Tile Installation
Project has been completec and the
Engineer has submitted his final
estimate showing the cos[ 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
improvemenz is hereby d~ermined to
be $55.978.00 and the said amount
shall be paid from Fiscal Year 200'
General Fund apprepdations of the City
of Dubuque, iowa.
Passed. approved and aaopted this
18th day of September, 2000.
Terranca M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholson moved adootion of [ne
Resolution. Seconded by Michalski.
Motion carded 4-0.
1999 PC Concrete Paving Projec~ -
No. 2 (West Fifth and Arling[an): City
Manager recommending acceptance of
the 1999 PC Concrete Paving Projec~-
No. 2 0Nest Fifth and Arlington. aha
adopting the final essessmen~
schedule. Dresentad and reao.
Nicholson moved that the
communication be received and filed_
Seconded by MichaiskL Motion carried
RESOLUTION NO. 447-00
tA RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1999 PC CONCRETE PAVING
PROJECT - NO. 2 (WEST FIFTH AND
ARLINGTON) INCLUDING CERTAIN
INFORMATION REQUIRED BY THE
CODE OF IOWA, SPECIFICALLY,
THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDEC, THE
INTEREST ON ALL UNPAID
iNSTALLMENTS, THE TIME WHEN
THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE
AND TO PUBLISH NOTICE
THEREOF.
NOW THEREFORE, BE IT
RESOLVED 9Y THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of me
final schedule of assessments ano
accompanying plat showing the
assessments proposed to be made for
the construction of the 1999 PC
Concrete Paving Project - No. 2 0Nest
Fifth and Arlington) under contract with
Techiggfde Excavating of Dubuque,
Iowa which final plat and schedule
were filed in the office of the City Clerk
on the 7th day of August. 2000, the
said schedule of assessments be and
t the same is hereby approved and
adopted.
That there be, and 's hereby
assessed ano levied as a seecial tax
against and upon each of the lots, the
respe~ve sums indicated. Providec
further, that the amounts shown in said
fina schedule of aesessments as
defi~iencies¢ are found to be proper and
levied conditionally against the
respective propertiss bene£~ed by the
improvemen[s as shown m the
Reqular Session, September 18i 2000
352
schedule, subject to the provisions of
Section 384.83 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.
That the City Clerk be and is hereby
directed to cert~ said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
certification once each week for two
consecutbe 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 publicafion of the
notice, the City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment, as provided and directed
in Section 384.80 of the Code of Iowa.
%-~-het--essessments may be-peid in
full or in part without interest at the
office of the County Treasurer, at any
time within 30 day~ after the date of the
first publlcafion of this notice of the
filing of the final schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at nine
percent (9%) (commencing on the date
of acceptesce ofthewerk) computed to
the December 1 next following 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 following its
due date on July 1 of each year.
Property owners may elect to pay any
annual insteilments semiannually in
advance.
Passed, approved and adopted this
18th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
1999 PCC #2 - W 5TH
CITY OF DUBUQUE, IOWA
WEST 5TH STREET
(BLUFF TO HI~E OF
VALUATION AND PROPOSED
ASSESSMENTS
The following schedule is hereby
determined to show each lot proposed
to be assessed for the improvement
shown in the title together with the
amount proposed to be assessed
against each lot and the valuafions
shown opposite each lot are hereby
fixed as the true veiuafions of such lots
by the City Council of the City of
Dubuque.
)WNER LOT DESCRIPTION
TOTAL NET ASSESSMENT
CITY LOTS
City of Dubuque 615 $51651.57
Cby of Dubuque 616
City of Dubuque 616A
City of Dubuque S.8"-617
Cby of Dubuque S.62.5'-N.64'-617
$556.47
City of Dubuque S.0~9'-N.1.5'-N.64'-617
Washington Westport Corp. Inc. C/O
Weitar Smith N.0.1'-N:1.5'-N.64'-617
$335.92
Washington Westport Corp. Inc.
C/O Walter Smith 618
Washington Westport Corp. lac_
C/O Walter Smith 6t9
City of Dubuque
%690 $25.20
CORIELL'S DUBUQUE
Washington Westport Corp. Inc. C/O
WeiterSmith 14 DEFICIENCY
ASSESS.: $t6.40 ..... $772;13
Washington Westport Corp. Inc. C/O
Welter Smith N 113'-13
Engelken~Thomas A.
S.73L13 $990.37
MILLER PLACE
Miller, Sidney A. & Albert W.
Lot I $143.49
Cynthia Van Dom
Lot2 $386.55 $1,435.95
Klauer' William J.
N.73'-12 $175.73
Frommelt, Chdstin R.
11 $2,737.25
Frommelt, Chitsfin R_
10
I Kiauer, William J.
33 $366.90
KJauer, William J.
Klauer~aro[ R.
$4O.64
/Ha~baugh, Brenden J. & Julle A.
$2,737:25
Harbaugh, Broaden J. & Julie k
8
Steininger, Ead W. & Ruline R.
7 $2,737;25
Steininger' Ead W. & Ruline R.
6
Steininger, Eati Waldo Ill & Sue A.
5 $1,368.62
Donald, Douglas S. & Howard, Leonore
E. 4 $1,057.57 $2,426.19
Flarmery, Robert W. & Linda A.
3 $1,368.62
Dudgeon, Seth W. & Culbertson,
Stacey A. S.125'-2
$941.88 $2,179.95
Cawiey, Edward T. & Patticia J,
N.61'-2 $261.10
Eichhom, John F. & Sharon A.
353 Regular Session, September 18, 2000
S.125'-1 $1,238:07
Cawley, Edward T. & Patdcia J.
N.61 '-1
LeEch Rita M.
%3-720 $1.475~79
O'Neill Robert B. & Madge M.
2-3-720 $221.37
Sherwood, Roberta E.
3-3-720 $68.34
Hanlon. Daniel E & Kathie A_
S.115'4-720
$1,057.57 $2,738.83
O'NeilL Robert B. & Madge M.
N.85'4-720 $189.58
O'Rourke, Gary E, & Betsy Lee
5-2-720 $1,148.84
Wickre, Da~ L & Rosemary D.
4-2-720 $1.141.13
Jorja, J. Moore 3-2-720 $1,124.10
Wainwright. Christopher E.
2-2-720 $941.88 $2,320.27
Wainwright. Christopher E.
E1/4-1-2-720
Roeth~-. Oavid M.--& --{4afon ].
W3/4-1-2-720
$94t.88 $1,795.57
ROBERT BROWN'S SUB.
Roeth, David M. & Karon !.
Kress, Cary J. & Hunt Paulette
W.48'-1 $941.88 $2.023.75
Ede David F. & Tammy K,
1-2 $965.02 $2,004.20
Ede. David F. & Tammy K,
2-1-3
Oakwood Investments G.P.
2-2-1-1-3 $1,057.57 $1,706.01
Lewin Jorja J. & Moore. John D.
1-2-1-1-3 $608.93
Oak'wood Investments
Steadman, Sandra M.
Iwasaki. Cinthia C. & Masahiro
1-4 $25.2O
G. MARTIN'S SUB.
Hoskins Michael E. & Jodi L
I $1,754.37
Schrobilgen, Angeletta R.
2 $502.90
Willett, Dennis M.
3 $1,327:76
Kane, Jay C. & Barbara K.
~ $1.327.76
KIENE & BLOCKLiNGER SUB.
Buriingame, Richard b Jr. & Peggy A.
N.62'-4 & 5 & 6 $94.22
Ransdell Mark E. N.53.9'-N.70.33'-I
& 2 & 3 $174.82
Isety, Sheldon A. 8, Judith A.
W.1Z-S.50'-8 $965.02
$2,184.02
Cummings, Roger
2-B.8.BLN.111'-8 & E.44.BLS.50'-8 &
7 $296.97
[sely, Sheldon A. & Juditt A.
W.50'-N.111'-8
Davis. Randat[ L. & Kelii A.
1-E.6.8'-N.111'-8 & E.44.8'-S.50'-8 &
7 $965.02 $2.476.23
MATTOX SUB
Chapman. Richard M. & Marsha J.
2-1 $783.76
Brenner, Cindy %1 $749.47
Fens Rick J. & Douglas, KfistJe K.
W.50'-W. 100L1-2
$849.33 $2.087.40
Stevens, Mark E. & Smart. Carol
E.50'-W.100'-1-2
$768.34 $2.006.41
Callan. Tony A. & Tara L
E.52'-1-2 $826.19 $2.113.76
Stewart, Terryl E. & Schmid~ Judith M.
1-1-1-3 $396.65
Jochum. Gerald B & Ellanor
2-1-3 $251.33
Jochum, Gerald 8. & Elianor
2-1-1-3
-SUMMIT STREET SUB.
Johnson, Milton R. & Gisela
t'-1 ' $167.33
' COOPER HEIGHTS
Moore, Sandra Kay
I $849.33 $1,994.32
Mede, Morris H. Jr. & Karon W.
2 $779.91 $1,929.66
Houselog Darrell J & Rebecca J.
3 $826.19 $1,975.94
Schissel Veto E. & Sharieen A.
4 $2.876_88
Schisse[ Vern E. & Sharieen A.
5
Schissel, Vern E. & Shafleen A
W.25'-6
Elvira Partnershio
E.25'-6 $577.37
EMra Partnership
W.40'-7 $923.62
Elvira Par~nerahip
E. 10'-7 $1.385.43
Elvira Partnershio
8
Kelley, Neil E & Katherine H.
LOT 9 {W.35'-9 & E.15L9}$1.154.75
Kelley, Neil E & Katherine H
10 $2,920.47
Kelley, Nell E & Katherine H.
11
City of Dubuque 41 $3,654.28
City of Dubuque 40 $1.344.33
Pechous. John F N1/2-39 $466.80
Pechous, John F S1/2-39 $303.33
Pechous. John F 38 $356.91
Peohous. John F 37 $134.64
C1TY LOTS
Plastic Center Inc.
W. 107.5'-W. 170'-614
$849.33 $2,951.75
Wolbers Richard L.
E.52.5'-W.170'-614
'Reqular Session, September 18, 2000
354
$733.63 $1,960.04
Plastic Center inc. E.110'-614
$2,141.36
Plestic Center Inc. 2-N64.66'-613
$1,405.18
Plestic Center lnc. 2-1-N.64.66L613
$457.95
Plastic Center Inc. 1-1-N.64.66-613
TOTAL DEFiCiENCY
ASSESSMENT: $16.40
TOTAL WATER SERVICE
ASSESSMENT: $16,704;09
TOTAL NET ASSESSMENTS:
$95,920.59
ST
(GROVE TERRACE TO PRAIRIE)
SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS
The fallowing schedule is hereby
determined to show each lot prdposed
to be assessed for the improvement
shown in the He together with the
amo~mt proposed to be-assessed
against each lot and the valuations
shown opposite each lot are hereby
fixed as the true valuations of such lots
by the City Council of the City of
Dubuque.
OWN~
WATER S[=RVICF ASSFS.~
TOTAL NET ASSESSMENT
A. McDANIEL'S SUB.
Parr, Michael F. & Lisa R.
798 $1,599.54
Henkel, Richard A. (contract from Mary
Welsh) 799 $2,932.49
Henkel, Richard A. (contract from Mary
Welsh) 800
B & W Properties LC
2-801 $613.16
B & W Properties LC
1-891 $719.79
Roberts, RonaldW.
802 $571.66 $2,811.24
Moore Development LTD 2-893
$571.66 . $1,344.77
Moore, Kenneth J. & Linda L.
1-803 $666.47
Moore; Kenneth J. & Linda L
804 $548.52 $1,988.10
McMahon, James b
W. 1/2-W.31.5'-805 $426.54
McMahon, James L.
E.l,'2-W.31.5L805
$571.66 $998.29
Healey, Joseph A & Joseph A. Jr. E.
22'-805 $629.51 $2,655.59
Healey, Joseph A & Joseph A. Jr. 806
Roling, Julie A. 807 $1,439.58
Wagner, Jeffrie M. & Julie A_
S. 50'-808 DEFICIENCY ASSESS.
$138.35 $1,006.12
Frank, Bdan K.
S.20'-N-40LS08 $164.22
Frank, Brian K.
N.20'-N.40'-808 $130.90
McClure, Michelle Lin (cant from
Michael & Deb Lighffoot)
W.51.5'-7-809 $536~95 $1,940.81
Scott-Koopmann, Jody L.
E. 1.5'-7-809 $807.07 $1~752.13
Scott-Koopmann, Jody L.
6-809
Gross, Torrance A. & Mary Ann (cont.
James & Julie Gross) 5-809 $809.90
Rating, Josephine C.
4-809 $809.90
Whalen, John E. & Cheryl J; Norby
3-809 $2,700.02
Whalen, John E. & Cheryl J. Norby
2-809
Kdng[e, Leo J: W.53'-1-809
DEFICIENCY ASSES.: $443.80
$807.07 $2,685.00
Kringle, Leo J.
S1/2-E.33'-1-809
Kringle, Leo J.
4N t/2~;33*-~-809-
Kringle, Leo J. 769B
Grove Terrace(Vac)
DEFICIENCY ASSESS.: $347.35
$1,272.45
Mozena, Jeffrey P. & Janet B.
774 $282.05
Noon, David R. & Bodnar, Joan E.
S.75.55'-3-2-775 $513.99
Spyrison, Douglas C. & Therese Made
N.5'-3-2-775 $2,358:25
Spyrison, Douglas C. & Therese Made
2-2-775
Lubben, Jerold L & Karen R.
1-2-775 $2,014.62
Lubben, Jerald L & Karen R.
1-775
Shade, James R. 785 $3,467.00
Shade, James R. 1-786
Wenzel, Stanley b & Joan Lavonne
3-787 & W. 14.25'-786 $1,594.74
Hess, Owen C, & Susan K.
2-788 $624.O9
Hess, Owen C. & susan K.
1-788 $600.89
Herbst, Randall A.
N.57'-l-E.50'-789 DEFICIENCY
ASSESS.:$180.38 $853.46
Herbat, Randall A.
N.57'-W.3.5'-789 DEFICIENCY
ASSESS.: $469.34 $729.78
Herbst, Randall A. N.57'-790
Noack, Gary J. & Suzanne M.
N.51.5'-791 $1,049.71 $21104:34
Dubuque Housing Initiative
1-792 DEFICIENCY ASSESS.:
$374.76 $2,121.59
Dubuque Housing Initiative
1-793
Brachman, Kristin Made & Davis,
Steven Alan 794 $2,311.33
Brachman, Kristin Marie & Davis,
355 Regular Session, September 18, 2000
Staven A Jan 795
Ludowi~z. Peter J & Sherry J.
E.51'-N1 f'2-796 $1.358.41
Ludowitz Peter J & Sherry J_
N.52'-W.9'-N1/2-796
Stuter, Charles Richard & Martha L.
S.20'-we'-N1/2-796 $1 417.19
Stuter. Chades Richard & Martha L.
N1/2-797
TOTALS:
DEFICIENCY ASSESSMENTS:
$1,953.98;
WATER SERVICE ASSESSMENT:
$6,093.81
TOTAL NET ASSESSMENTS:
$53.016.65
Nicholson moved adoption of the
Resolution. Seconded by MichaiskL
Motion carded 4-0.
Granger Creek Intaroep~or Sewer
Extension Project: C~ Manager
recommending acceptance of the
Granger Creek [ntarceptor Sewer
Extension project, presented~nd read.
Nicholson moved that the
communication be received and filed.
Seconded by Michalski. Motion carried
4-0.
RESOLUTION NO. 448-00
ACCEPTING IMPROVEMEN'f
Whereas the contract for the
Granger Creek Interaepmr Sewer
Extension Project has been completed
and the City Manager has examined
the work and filed his ceCJficate stating
that the same nas Deem comeleted
according to the terms of the contract,
91aris and specifications and
recommends its accee~ance
NOW THEREFORE BE
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 accep~eo.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the con~ractor from
the Fiscal Year 199711998 Capital
Improvement Program - General Fund
and Sanitary Sewer Construc~on Fund
in amounts equal to the amount o¢ this
contract ess any rezained percentage
provided for therein
Passed. approved and adopted this
18th day of September. 2000.
Temance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nichoison moved adoption of the
Resolution. Seconded by Michalski
Motion carded 4-0.
RESOLUTION NO. 449-00
FINAL ESTIMATE
Whereas, the contrac~ for me
Granger Creek nterceato~ Sewer
Extension Project has been comeleteo
and the City Engineer ~as submitted
his final estimate showing the cost
thereof including the cost of estimates,
notices and inspection and
miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOW~
Section 1 That the cost of said
improvement is hereby determined to
be $1,402,309.94 and the said amount
shall be paid from the Fiscal Year
1997/1998 Capital improvement
Program - Gehera] Fund and Sanitary
Sewer Construction Fund of the City of
Dubuque Iowa.
Passed, approved and adopted this
18th day.of September, 2000
Torrance M. Duggan, Mayor
Attest: Jeanne F Schneider. City Clerk
Nichoison movec adoption of the
Resolution. Seconded by MichalskL
Motion carried 4-0.
South Fork Interceptor Sewer
Extension Project- Phase IV: C~
Manager recommending acceptance of
the South Fork interceptor Sewer
Extension Project Phase IV.
presented and read Nicholson moved
that the communication be received
eno filed Seconded by Michalsld.
Motion carded 4-0.
RESOLUTION NO. 450-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the South
Fork San~ary Sewer - Phase IV Project
has been como~etea aha the City
Manager has examined the WOrK ano
filed his certificate stating that the
same has been completed according to
the terms of the contract. Blahs and
specifications and recommends its
acceptance.
NOW THEREFORE. BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. Thatthe recommendation
of the C~ Manager be approved and
that said improvement be and me
same is hereby accepted.
BE IT FURTHER RESOLVED that
[he City Treasurer be and he is hereby
directed ro pay to the contractor from
~he Landfill Agenc~ Connection Charge
in amount eeual to the amount of this
conmac[, less any retained percentage
provided for therein.
Passed approved and adoeted this
Regular Session, September 18~ 2000
356
18th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adop~on of the
Reeclufion. Seconded by Michalski.
Motion carded 4-0.
RESOLUTION NO. 451-00
FINAL ESTIMATE
Whereas, the contract for the' South
Fork Sanitary Sewer - Phase iV Project
has been completed and the City
Engineer has submit[ed his final
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 $349,662.03 and the said amount
sprat be~paid from the Landfri[ Agency
Connection Charge of the City of
Dubuque, Iowa.
Passed, approved and adopted this
18th day of September, 2000.
Torrance M. Duggan, Mayor
Atteat: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the
Resolution. Seconded by Michalski.
Motion carried 4-0.
County Farm Interceptor Sewer
Extension Project: City Manager
recommending acceptance of the
County Farm Interceptor Sewer
Extension Project, presented and reed.
Nicholson moved that the
communication be received and filed.
Seconded by Michaiski. Motion carded
4-0.
RESOLUTION NO. 452-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the County
Farm interceptor Sewer Extension
Project has been completed and the
City Manager has examined the work
and flied his ceP, ifJcate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its
NOW THEREFORE, BE lT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Sanitary Sewer Construcfion Fund
in amount equal to the amount of this
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
18th day of September, 2000.
Torrance M. Duggan, Mayor
At[est: Jeanne F. Schneider, C~ Clerk
Nicholson moved adoption of the
Resolution. Seconded by Michalski.
Mofion carried 4-0.
RESOLUTION NO. 453-00
FINAL ESTIMATE
Whereas, the contract for the County
Farm Interceptor Sewer Extension
Project has been completed and the
City Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaeeous
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 $613,982.62 and the said amount
shall be paid from the Sanitary Sewer
Construction Fund of the City of
Dubuque, iowa.
Passed, approved and adopted this
18th day of September, 2080.
Terrenca M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adop~on of the
Resolution. Seconded by MichalskJ.
Motion carded 4-0.
Fremont Heights and South Glenn
Estates: City Manager recommending
acceptance of the public improvements
in Fremont Heights and South Glenn
Estates, presented and read.
Nicholson moved that the
communic~on be received and filed.
Seconded by Michalski. Motion carded
RESOLUTION NO. 454-00
ACCEPTING IMPROVEMENTS iN
FREMONT HEIGHTS AND SOUTH
GLENN ESTATES
Whereas, pursuant to Resolution
Nos. 240-g4, 241-94, 359-95, 300-96,
and 223-97, certain improvements
including street paving, storm sewer,
sanitary sewer, and watarmain and
street lighfing were installed by the
developer of Fremont Heights and
South Glenn Estates; and
Whereas, the improvements have
been completed and the City Manager
has examined the work and has filed a
cadfficate stating that the same has
357 Regular Session, September 18, 2000
been completed in accordance with the
plans approved by the C~ Council and
in conformance with C~ specifications
and has recommendec znat the
improvements be accepted by the City
Council
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCI_
OF THE CITY OF DUBUQUE. IOWA:
Section 1. Thatthe recommendation
of the City Manager be approved and
that said improvements in Fremont
Heights and South Glenn Estates be
and the same is hereby accepted.
Passed, approved and adopted this
18th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholsor moved aoop~o~ of the
Resolution Seconded Dy Michaiski.
Motion carded 4-0.
Fiscal Year 2000 Street Finance
Repo~ :C;'ty Manager~ubmittJng 'the
Street Finance Report to the Iowa
Department of Tracaeortation for Fiscal
Year 2000 presented aod read_
Nicholson moved that the
communication be received and flied.
Seconded by Michalski. Motion carded
4-0.
RESOLUTION NO. 455-00
RESOLUTION APPROVING THE CITY
OF DUBUQUE FISCAL YEAR 2000
STREET FINANCE REPORT
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Street Finance
Report for the pedod July I 1999 to
June 30. 2000. be and the same s
hereby approved and that the City
Clerk is hereby authorized and directed
to file saic repot[ with the Iowa
Department of Transportation.
Passed. aaoptad and approved this
18th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicho~son moved adop~on of the
:~esolLrdon. Seconded by Michalstd
Motion carded 4-0.
Coopera~ve Agreement with Iowa
Department of Transportation: City
Manager recommending approval of a
Cooperative Agreement with the Iowa
Department of Transeortation for fight-
of-way actit/~es necessary for the
Manson Read Bddge project,
presented and read. Nichoison movec
that the communication be rece~vec
and filed. Seconded By Michalski.
Motion carded 4-0.
RESOLUTION NO. 456-00
RESOLUTION APPROVING
INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY
OF DUBUQUE AND THE IOWA
DEPARTMENT OF
TRANSPORTATION (lOOT) FOR
STAFF RELOCATION ASSISTANCE
AND ADVISORY SERVICES
REGARDING THE CITY'S
PURCHASE OF THE HOME AT 1650
MANSON ROAD
Whereas Chapters 307. 330. and
28E of the Code of Iowa as amended.
regarding right-of-way activities allow
for goveromenta[ agencies to enter into
a mutual agreement: and
Whereas, the City. of Dubuque,
ano IDOT agree mat relocation
assistance is required for right-of-way
acquisi~on for the nome at 1650
Manson Roac for-the Manson Road
Bddge Prejem and .
Whereas it is necessary that the
City of Dubuque and IDOT enter rolo
an Agreemen~ for IDOT staff
assistance for right-of-way acquisitio~
and the establishment of relocation and
moving costs for a comparable
replacement dwelling; and
Whereas, the City of Dubuque
agrees to the terms as outlined in the
Intergovernmental Agreement for
Right-of-Way Activities
NOW, THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section I. That the City Council of
the City of Dubuque, Iowa. hereby
approves the attached Agreement with
IDOT staff for Right-of-Way Services
as stated n the attached Agreement
associated with the City's purchase at
the home at 1650 Manson Road and
the Mayor is hereby authorized and
directed to execute the Agreement on
behalf of the City of Dubuque.
Passed, adopted and approved this
18th day of Sep~emoer, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Nicholson reeved adoption of me
Resolution. Seconded by Michalski.
Motion carded 4-0.
Community Development Block
Grant Program FY 2000 Activity
Report: City Manager submitting T. ne
Community Development Block Grant
Program Activity Summary Reeert for
Fiscal Year 2000 Drassn~ed and read.
Nicholson movec ~nat ~ne
communication be recaivec and filed.
Seconded by Michalski. Motion carried
Reqular Session, September i8, 2000
35R
RESOLUTION NO. 457-00
RESOLUTION AUTHORIZING THE
SUBMISSION OF A CONSOLIDATED
ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER}
FOR THE PERIOD COMMENCING
JULY 1, 1999 AND CONCLUDING
JUNE 30, 2000.
Whereas, the Cffy of Dubuque, Iowa,
is an entitlement grant recipient under
the Communal Development Block
Grant (CDBG) Program of the U.S.
Deparb'neat of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulations
require that no later than ninety (90)
days after the completion of ~ program
year, each entitlement recipient must
submit a performance and evaluation
~epor[, Consolidated Annual
Performance and Evaluation Report
(CAPER); and~
Whereas. the City has 1) prepared a
CAPER for- the program year
commencing July 1. 1999 and
concluding June 30, 2000; 2) published
notice of availability of the CAPER in
the Telegraph Herald on August 24.
2000 and in the Dubuque Advertiser
August 23, 2000; 3) made copies of the
CAPER available for public review at
the Carnegie Stout Public Librap/, City
Hall, and Housing Services
Depad~neat 4) held a public hearing
pursuant to published notice before the
Community Development Advisory
Commission on September 12. 2000;
and
Whereas. the Community
Development Advisory Commission
nas voted to approve the CAPER and
to recommend City Council approval.
NOW. THEREFORE, BE tT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. iOWA:
Sec'den 1 That the Consolidated
Annual Performance and Evaluatioc
RepoA (CAPER) for the pedod
commencing July 1. 1999 anc
conclud[hg June 30, 2006. a copy of
which is at~ached, is hereby approved
for submission
Section 2. That the Mayor of the
City of Dubuque is hereby authorized
and directed [o execute the
Consolidated Annual Performance and
Evaluafion Report (CAPER) on behalf
of the City of Dubuque, iowa.
Section 3. That the C;ty Manager is
qereoy authorized and diracteo to
submit [he Consolidated Annual
Performance and Evaluation Report
(CAPER} to the U.S. Department of
Housing and Urban Development.
Passed, approved and adopted this
18~ day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholsea moved adoption of the
Resolution. Seconded by Michelski.
Motion carded 4-0.
City of Dubuque Swimming PooFSpa
[hspection Program: Communication
from the State Department of Public
Health certifying the City's swimming
pool/spa inseection program,
presented and read. Nichoison moved
that the communtcation be received
and tiled. Seconded by Michaiski.
Motion carried 4-0.
Housing Depar~men~ Awaras and
Accomplishments: City Manager
transmi~ng the 1999-2000 awards and
accomplishments for [he Housing
So.ices Deparm~ent. presented and
read. Nichoison moved that the
communication be received and tiled.
Seconded by MichaiskJ. Motion carded
Six Month Report on Hous[hc
Committee Activi~ss: City Manage~r
transmi~ing the Annual Performance
:~eoort of the Housing Services
Department. presented and read.
Nicholson movea that the
communication be received and filed.
Seconded by Michaisld. Motion carded
4-0.
Six Month Report - Housing Action
Conference: CffY Manager transmitting
the Annual Performance Repom of the
Housing Services Deeartment from the
Housing Action Conference eresenrea
ana read~ Nichelecn moved that the
communication be recelvec and flied.
Seconded by MichelskJ_ Motion carried
4-0.
Fiscal Year 2001 Housing Trust
Fund Awards: City Manager
recommending approval of the Housing
Commission's recommendation for
aware of Fiscal Year 2001 Housing
Trust Fund gran~s to two area non-
profit agencies, presented and teac.
Nichoison moved that the
communication be received and filed
and concurred with recommendation.
Seconded by MichaiskL Motion cameo
Lead Based Paint Hazard Reduction
Program: Communication of Housing
Services Manager David Harris to the
359 Regular Session, September 18, 2000
U.S~ Department of Housing and Urban
Development requesting an extension
of the Section $ Lead Based Paint
Hazard Reducfion Program application
from September 15. 2000 to JanuapJ 1,
2001, presented and read. Nicholson
moved that the communication be
received and flied. Seconded by
Michalski. Motion carded 4-0.
Amendment to 28E Agreement -
Emergency Communications Center:
City Manager recommending appreva]
of amendments to ~he 28E Agreement
between the City, County, and B911
Service Board for operation of the
Dubuque County Public Safety
Communication Center, presented and
"eau Nicholson moved that the
communicaddon be received and tiled
and concurred with the
recommendation. Seconded by
Michaiski. Motion carded 4-0.
Letter to State Legislators: City
Manager submitting a letter to the State
Legislators regarding properly tax
reform, presented and read. Nichclson
moved that the communication be
received and tiled and approveo letter.
Seconded by Michalstd. Motion carded
4-0.
Letter to Dubuque County Board of
Supervisors: Communication of City
Manager to Donna Smith, Dubuque
County Board of Supervisors, regarding
auplicete street names within cit.[es or
in the unincerporated area of the
County, presentes aha read
Nicholson moved that the
communication be rece~vad and filed
and approve letter. Seconded ey
MichalskJ. Motion carded 4-0.
Dubuque Jaycee. s: Request from the
Dubuque Jaycees To transfer their
Class "B" Beer Permit to Cable Car
Sauare on Saturday, October 7. 2000
presented and read. Nicholson moved
that the communication be received
and tiled and transfer request
approved.
RESOLUTION NO. 458-00
NOW, THEREFORE. BE iT
RESOLVED BY TrIE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the following having comolied
with the provisions of law relafing to the
sa~e of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sail Cigarettes and Cigarette Papers
within said City.
NEW
Main Street Caboose
Main Street Caboose Inc.
253 Main St
=aesed. approved and adopted this
18th day of September. 2000.
Torrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the
Resolution. Seconded by Michaiski.
Motion carded 4-0
RESOLUT[ON NO. 459-00
Whereas. applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved: and
Whereas the premises to
occupied Dy sucl" applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW. THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE.
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Jean A. Aithaus Family Mart inc.+
(Sunday Sale) 3201 Central Ave
Mulgrew Oil Company
Asbury AMOCO Food Shop+
(Sunday Sale) 3300 Asbur:/Rd.
Monday Company Cesey's General
Store+(Sunday Sale) 4003 Peru Rd
Wal-Mart Stores Inc.
Wal-Mart Supercooler ¢~2004+
(Sunday Sale) 4200 Dodge St
Passed. approved and adopted this
18th day September, 2000.
Terraece M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoPfion of the
Resolution. Seconded by Micha[ski.
Motion carried 4-0.
RESOLUTION NO. 460-00
Whereas applications for Liauor
Licenses nave been submitted to this
Council for approval and the same
have been examined and approved;
aha
Whereas the premises to De
occupied by such applicanta were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
Regular Session, September 18~ 2000
360
CLASS "C"(COMMERCIAL)
BEEPJLIQUOR LICENSE
One Flight Up tnc.
One Flight Up+(Sunday Sale)
44-48 Main St
Main Street Caboose Inc.
Main Street Caboose+
(Sunday Sale) 253 Main St
Angola R. Macgene
Angie's Bar+(Sunday Sale)
140t Elm St
P.M.S.T. Inc.
Happy's Placa+(Sunday Sale)
2323 Rockdale Rd
Grandma's Pantry West Icc:
Attitudes Pub & Grill +
(Sunday Sale) 2660 Dodge St
Aramark Educational Se~ce
Lores College+(Outdoor Sale)
1450 Alta Vista Dr
CLASS "B' WINE
Wal-Mart Stores,
WakMad; Superoenter
2804+(Su~day Sate) 4200 Dodge St
Passed, approved and adopted this
18th day of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the
Resolution. Seconded by Michalski.
Motion carded 4-0.
BOARDS/COMMISSIONS:
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION:
BdannaTully. Ms. Tully spoke.
HOUSING COMMISSION (Section 8
Representative): Jeramy Austin; Joe
Hopkins. Mr. Austin & Mr. Hopkins
both spoke requesting Consideration for
appointment.
INVESTMENT OVERSIGHT
COMMISSION:
Chades Spielman. Mr. Spielman
spoke.
Appointments to the following
Boards/Commissions:
ZONING BOARD OF
ADJUSTMENT:
One Vacancy: Applicants: Frederick
Beeler, Fred Fraebolin.
Vote on the appointment was as
follows: Duggan voted for Beeler, Olihe
voted for Beeler, Michalski voted for
Beeler. Nicholson voted for Freeboiin.
Therefore, Mr. Beeler appointed to the
unexpired 5-year term which will expire
3-25-02.
Michalski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Cline. Motion carded 4-0~
Garfield Place Urban Revitalization
Designation/Housing Trust Fund
Award: Proof of publication on notice of
headng on the designation of "Garfield
Place" as an Urban Revitalization Area
and City Manager recommending
approval of the proposed plan for the
"Garfield Place" Urban Revitalization
Area and approval of a Local Housing
Assistance Program (LHAP) award to
Scott and Dawn Potter for construction
of a single room occupancy (SRO)
facility on Garfield Avenue, presented
and read. Nicholson moved that the
proof and communication be received
and filed. Seconded by Cline. Motion
carried 4-0.
Mr. Scott Potter spoke requesting
approval.
An Ordinance Establishing the
Garfield Place Urban Revitalization
Area as an Urban Revitalization Area
pursuant to Chapter 404 of the Code of
Iowa, presented and read. Nicholson
moved that this be the first reading of
the Ordinance. Seconded by Cline.
Motion carded 4-0.
Request to Rezone Property at 2699
Rockdale Road: Proof of publication
on notice of public headng to consider
rezoning property located at 2699
Rockdale Road from C-1
Neighborhood Commercial District to
C-2 Neighborhood Shopping Center,
presented and read. Michalski moved
that the proof be received and filed.
Seconded by Nicholson. Motion
carded 4-0.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
desctibed property located at 2699
Rockdale Road from C-1
Neighborhood Commercial Distdct to
C-2 Neighborhood Shopping Center
District, presented and read. Michalski
moved that this be considered the first
reading of the Ordinance. Seconded
by Nicholson. Motion carded 4-0.
Police Department Block Grant
Funds for Calendar Year 1999 and
2000: Proof of publication on notice of
headng on the expenditure of Police
Department 1999 and 2000 Block
Grant Funds and City Manager
recommending approval, presented
and read, Cline moved that the proof
and communication be received and
filed and concurred with the
recommendation. Seconded by
Nkiholson. Motion carded 4-0.
36 ! Regular Session, September 18, 2000
Bond Sale to Support Third Street
Parking Ramp: Proofs of oublication on
notice cf public headng and
communication of City Manager
recommending the ssuance of
$5.600.000 General Obligation Bonds
for construction of the Third Street
Parking Ramp, presented and read.
Cline moved that the proofs ano
communication be received and tiled.
Seconded by Nicholson. Motion
carried 4-0.
Rhodes (Bud) Isenhart. of 8908
Quail Ridge, spoke of a concern that
four members of the Council are
gassing bonds for City and County
taxpayers.
RESOLUTION NO. 461-00
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
iSSUANCE' OF NOT TO EXCEED
$5,600,000 GENEPJ~L OBLIGATION
BONDS
Whereas. pursuant to notice
published as required by law, this
Council has held a public meeting and
hearing upon the proposal to institute
proceedings faf the issuance of not to
exceed $5,600,000 General Obligation
Bonds for the essential corporate
purpose of paying costs of aiding in the
planning, undertaking and carrying out
of urban 'enewal projeat actJvitiss
under the authority of Chapter 403 of
the Code of Iowa end the.Artfended
and Restated Urban Renewal Plan far
the Downtown Dubuque Urban
Renewal District. including but not
limited to the construction of a
structured parking facility located a~
Third and Main Street_ and no petition
was tiled for a referendum thereon, and
this Council has considered the ex~en~
of objec~ons received from residents or
property owners as m said proposeo
issuance of Bonds; and, accordingly
The following action is now considereo
to be in the best interests of the City
and residents thereof:
~OW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That this Council coos
hereby inst~ute proceedings and takes
additional action for ~he sale and
issuance in me manner required by law
of not to exceed $5.600.000 General
Obligation Bonds for the foregoing
essential corporate purpose.
Section 2. That this Resolution De
ane does hereby serve as a cieclare~on
of officia~ intent under Treasury
Regulation 1.150-2, because the City
reasonably expects to reimburse with
[ne proceeds of the Bonds. ail or a
portion of otigina~ expenditures
incurred in connection with the above
purpose.
Section 3. The Cf~y Manager is
author~z, ed and directed to proceed on
behalf of the City with the sale of said
Bonds, to select a date for the sale
thereof, to cause to be prepared such
notice and sale information as may
appear appropdste, To publish and
distribute the same on behalf of the
City and this Council and omer~vise to
take ail action necessary to permit the
sale of said Bonds on a basis favorable
~c the City and acceptable to [he
Council.
Passed and aooreved this 18th day
of September, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. Ci[y CIerk
Ciine- moved- adoption- of-l~e
Resolution. Seconded. by Nicholson.
Motion carried 4-0.
Bonc Sate To Support Airport T-
Hangars: Proofs of publication on
notice of public hearing an~
communication of City Manager
recommending the issuance of
$690.000 General Obligation Bonds for
renovation and construction of
additional Airport T-Hangars eno
Resolution Instituting proceedings to
take additional ac'don for the issuance
of not m exceed $690.[:)00 General
Obligation Bonds presented and read.
Michalski moved that the public headng
be tabled to 10/2/00. Seconded cy
Nicholson. Motion carried 4-0.
Fiscal Year 2001 Budget
Amendment: Proof of publication on
notice of public headng and
communication of City Manager
recommending approval of an
amendment to the Fiscal Year 2001
Budget, presented and read
Nicholson moveo that the
communication and proof be received
and tiled. Seconded by Cline. Motior
carried 4-0
Reqular Session, September 18, 2000 35?
Nicholson moved adoption of the
Resolution. Seconded by Cline.
Motion camed 4-0
Villa Street Retaining Wall: Proofs
of pubiicaton on notice of hearing on
plans and specs and notice to bidders
on the receipt of bids for constru~on of
the Villa Street Retaining Wall and City
Manager recommending to award
contract for project, presented and
read. Cline moved that the proofs and
communication be received and filed.
Seconded by Nichofson. Motion
carried 4-0.
RESOLUTION NO. 463-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 30th day of August,
2000, plans, specifications, form of
contract and estimated cost were filed
with the Cb Clerk of Dubuque, iowa
for the Villa Street Retaining Wall
Reconstruction Project.
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
18th day of September, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, C~ Clerk
C[ine moved adoption of the
Rasoluton. Seconded by Nicholson_
Motion carried 4-0.
RESOLUTiON NO. 464-00
A~4ARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
363 Regular Session, September 18. 2000
Villa Street Retaining Wall
Reconstru~o~ Project pursuant to
Resolu'do~ No. 433-00 and notice to
bidders published in a newspaper
published in the City of Dubuque. iowa
on the 6th day of September, 2000.
Whereas sa~d sealed proposals
were opened and read on the 13th day
of September, 2000, and ~t has been
determined that the bid of Podzen
Construction. Inc. of Dubuque, iowa, in
the amount of $118,670.45 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as arovided 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 Pod:zen
Construction, Inc. and the Manager be
aha s hereby directed to execute a
contract c~ behalf of the City-of
Dubuque for the complet~ performance
of the work.
BE IT FURTHER RESOLWED:
That upon the sigmng 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
bidder~.
Pas~ed. approved and adopted this
18th day of September. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the
Resolution Seconded Dy Nicholson
Motion carded 4`0.
Michalski moved to reinstate the rule
limiting discussion to the Council.
Seconded by Cline. Motion carded 4`0
Citizen Reauest: Request of Maria
Feddersen and Mike Willis. 205 Valley
Street. to address the Council Ms.
Feddersen spoke of a water problem
and the need for a catch basin
replacement. She also spoke of
problems over the use of Quince St.
and now it was divided. Nicholson
moved that this be referred to the City
Manager. Seconded by Mici~lstd.
Motion carried 4-0.
Region I Workforce Development
Board: Communication from Dave
Leary, ECtA Employment and Training
Programs, requesting the City select a
reeiacemen~ for Dave Harms on the
Region 1 Woddorce Development
Boarc ana submitting the nomination
forms for Michael Pod;zen and Richard
Wallace, presented and read. Vote on
the appointment was as follows:
Duggan voted for Podzen. MJcha[ski
voted for Podzen. Nicholson voted for
Portzen. Cline voted for Wallace.
I Thersfore. Michae! Portzen appointed
to [he Region I Workforce
Development Board
Mike Willis, 205 Valley, spoke of
water run-bff problems at that address.
At 7:21 P.M., Michalski moved to go
into Closed Sessior re: Pending
Litigation (Iowa Code §21.5(1)(c).
Seconded by Cline. Motion carded 4-0.
At 7:45 P.M. Council reconvened
Regular Session st~ing that Staff had
been given proper direction.
There being no further business
Michaiski movedto adjourn. Seconded
oy Cline. Motion carded 4-0. The
meeting adjourned at 7:46 P.M.
/s/Jeanne F. Schneider
City Clerk
Approved ~)¢'O 2000
Adopted. p~O ~P ,2000
MaV~r '~'/r.¢ -<~~'~
Council Members
Attest:¢
~l'ty Clerk --