1999 January Council ProceedingsRe,qular Session, January 4, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
January 4, 1999.
Council met at 7:00 P.M. Public
Library Auditorium.
Present: Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
properly come before the Council.
Invocation was given by Rev. Ron
Schardt of War[burg Theological
Seminary.
MINUTES SUBMITTED: Human
Rights Commission of 11-9; Library
Board of Trustees of 11~19, presented
and read. Voetberg moved that the
minutes be received and tiled.
Seconded by BuoL Motion carded 7-0.
AJrpoK Commission of 8-17, 9-10, 9-
21, 9~22, 10-13, 10-19 & 11-16,
presented and read. MichalskJ moved
that these minutes be received and
tiled. Seconded by Buol. Motion
carried 7-0.
Proof of Publication certified to by
the Publisher on publishing council
proceedings for meeting of 12-7-98,
presented and read. Voetberg moved
that the proof be received and filed.
Seconded by BuM. Motion carded 7-0.
NOTICE OF CLAIMS/SUITS --
Louis Lugrain submitting claim for labor
and materials according to a contract
with McGill Restoration; Richard
Meehan in amount of $298.15 for
vehicle damages; Michael Joseph
Shaffer in total amount of $200,000.00
for personal injuries and related
incidence; Doug Shinkunes in amount
of $140.00 for parking fines and
impoundment; Ms. Lois Westemier in
total amount ef $982.80 for personal
injuries, presented and read. Voetberg
moved that the claims and surfs be
referred to the Legal Staff for
investigation and report. Seconded by
Buol. Motion carried 7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Vehicle damage of
Daniel R. Starkey, Personal injury of
Medicei Associates Health Plans
(Sarah A. Hickey), presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
Corporation Counsel recommending
denial of ParJdng tickets and
impoundment of vehicle claim of Doug
Shinkunas, Voetberg moved that the
communication be received and filed
and denial approved. Seconded by
Budi. Motion carded 7-0.
Corporation Counsel recommending
settlement of vehicle damage of Kim M.
Eppler in amount of $264.75 and direct
Finance Director to issue check,
presented and read. Voetberg moved
that the communication be received
and tiled and recommendation
approved. Seconded by Buol. Motion
carded 7-0.
HUD expressing appreciation for
timely submission of the Grantee
Performance Report (GPR) for the
1994 Disaster Recovery Assistance
Program; HUD submitting Consolidated
End-of-Year Review - Program Year
1997 and commending the City on
various accomplishments realized this
year, padJculafly in the area of housing
and in the timely utilization of funds,
presented and read. Voetberg moved
that the communications be received
and filed. Seconded by Buei. Motion
carded 7-0.
IDOT submitting notification that they
propose to [et a U.S. 20 bridge repair
project within the City at the Julien
Dubuque Bridge over the Mississippi
River on Februaq/16, 1999, presented
and read. Voetberg moved that the
communication be received and filed.
Seconded byBuoL Motion cardedT-0.
City Manager recommending
approval of application to IDED for
HOME Investment Partnemhip
Program funding, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
2
Regular Session, January 4, 1999
RESOLUTION NO. '1-99
A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN
APPLICATION TO PARTICIPATE IN
THE IOWA HOME INVESTMENT
PARTNERSHIP PROGRAM.
Whereas, the City of Dubuque
recognizes a continuing need to assist
rental unit ownem in improving their
proper~es occupied by lower-income
families; and
Whereas, the City recognizes the
benefit of such assistance, in the form
of neighborhood impact and increased
tax base; and
Whereas, the City has successfully
administered State and Federally
funded rental rehabilitation program
since 1984, including HOME Program
grants received in 1992, 1993 and
1998.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is
authorfzed and directed to execute an
application to the Iowa Department of
Economic Development for
participation in the HOME Investment
Partnemhip Program.
Section 2. Thatthe Ci'ty of Dubuque
Housing Commission is d[rectad to
hold the necessary public hearing
regarding this application, in
accordance with requirements of Iowa
Code, Section 362.3.
Section 3. That the City Manager is
hereby authorized and directed to
forward said application and resulting
standard executed contract to the
respective agencies in a tirnely fashion
and as required by the Iowa
Department of Economic Development.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, C~ Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending
approval from APEX Environmental to
install monitoring wells presented and
read. Voetberg moved that the
communication be received and flied.
Seconded by BuoL Motion carried 7-0;
RESOLUTION NO. 2-99
RESOLUTION AUTHORIZING
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND APEX
ENVIRONMENTAL, INC. TO INSTALL
MONITORING WELLS ON PUBLIC
RIGHT-OF-WAY AT 198 LOCUST
STREET
Whereas, Apex Environmental, Inc.,
on behalf of Sunoco, Inc., has
requested permission from the City of
Dubuque to install monitoring wells on
City right-of-way at 198 Locust Street in
Dubuque, Iowa for the purpose of
assessing current groundwater
conditions at and surrounding the
property; and
Whereas the License Agreement
R ght-of-Entry for Site Assessment has
been prepared outlining the
responsibilities of Apex Environmental,
Inc. and Sunoco, Inc., in the
installation of the monitoring wells on
public right-of-way; and
Whereas, the performance of the
activities of Apex Environmental, Inc.,
will be at no cost or expense to the
City, and all work will be performed by
the Licensee, or its employees, agents
or subcontractors; and
Whereas, it is the desire of the City
Council to enter into said License
Agreement for the installation of
monitoring wells in the public right-of-
way as requested.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The License Agreement
for Right-of-Ent~ for Site Assessment
be and the same is hereby approved.
Section 2. That the Mayor be and is
hereby authorized to execute and said
Ucense Agreement for and on behalf of
the City Council.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
City Manager recommending
approval of Plat of Survey of Radford
Rd., presented and read. Voetberg
moved that the communication be
received and tiled. Seconded by Buol.
Motion carried 7-0.
RESOLUTION NO. 3-99
RESOLUTION APPROVING PLAT OF
SURVEY OF A PORTION OF
RADFORD ROAD RIGHT-OF-WAY
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat datad January 1,
1999, prepared by the City of Dubuque,
describing the retracement of a portion
of Radford Road right-of-way;
Whereas, said plat conforms to the
Reqular Session,
laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE C~TY OF DUBUQUE, IOWA:
Section 1. That the plat dated
January 1, 1999, prepared by the City
of Dubuque relative to the real estate
hereinabove described by and the
same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Section 2. That the City Clerk be
and is hereby authorized and directed
to file said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
At[est: MaryA. Davis, C~ Clerk
Voetberg moved adopfion of the
Resolution. Seconded by Buol. Motion
carded 7-0.
CH Manager recommending
approval of replatting for Airport Road
Subdivision presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Mofion carded 7-0.
RESOLUTION NO. 4-99
RESOLUTION APPROVING PLAT
OF PROPOSED AIRPORT ROAD
SUBDIVISION
Whereas, there has been presented
to the City Council of the City of
Dubuque, iowa, a plat dated December
11, 1998, prepared by the C~, of
Dubuque describing Airport Road
Subdivision; and
Whereas, said plat conforms to the
laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated
December 11, 1998, prepared by the
City of Dubuque relative to the rea[
estate hereinabove described by and
the same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Section 2. That the City Clerk be
and is hereby authorized and directed
to file said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
January4,3999. . 3
Attest: Mary A. Davis, City Clerk
Voetberg moved adopt[on of the
Resolution. Seconded by BuoL Motion
carded 7-0.
City Manager recommending
acceptance of Improvements in Lots 7,
8, 9 & D in Westmark presented and
read. Voetberg moved that the
communication be received and ti[ed.
Seconded by BuoL Mot[on carried 7-0.
RESOLUTION NO. 5-99
ACCEPTING IMPROVEMENTS IN
WESTMARK SUBDIVISION
Whereas, pursuant to Resolution
No. 69-96 certain improvements
including street paving, storm sewers,
watermain and street lighfing were
installed by the developer of Lots 7, 8,
9 and D in Westmark; and
Whereas, the improvements have
been completed and the City Manager
has examined the work and has filed a
cer~ficate stating that the same has
been completed in accordance with the
plans approved by the City Counci~ and
in conformance with City specifications,
and has recommended that the
improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the C~, manager be approved and
that said improvements in Lots 7, 8, 9
and D in Westmark be and the same is
hereby accepted.
Section 2. That maintenance of said
~mprovements shall be the
responsibility of the contractor and the
owner for a period of two year's from
this date.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg m6ved adopt[on of the
Resolution. Seconded by BuoL Mot[on
carded 7-0.
City Manager recommending
acceptance of Improvements to
Edwards Road presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by BuoL Mot[on carded 7-0.
RESOLUTION NO. 6-99
ACCEPTING IMPROVEMENTS
TO EDWARDS ROAD
Whereas, pursuant to Resolut[on
No. 545-98 certain improvements
including street paving, storm sewers,
Regular Session, January 4, 1999
sanitary sewers and watermain and
street lighting were installed by the
developer of Edwards Road; and
Whereas, the improvements have
been completed and the City Manager
has examined the work and has tiled a
ceKdficate stating that the same has
been completed in accordance with the
plans approved by the City Council and
in conformance with City specifications,
and has recommended that the
improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation
of the City Manager be approved and
that said improvements to Edwards
Road be and the same is hereby
accepted.
Section 2. That maintenance of ssid
improvements shall be the
responsibility of Edwards Precast
Concrete Company and the owner for
a pedod of two year's from this date.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, CH Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 7-99
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
Kwik Stop Rainbo Oil Cam
280 Locust St.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 8-99
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "B' BEER PERMIT
James Theisen Local 94 UAW
+(Sunday Sale) 3450 Central Ave
CLASS "C" BEER PERMIT
Iowa Oil Com. IOCO Speede Shoppe
#33+(Sunday Sale)3200 Central Ave
Rainbo Oil Com. Kwik Stop Food
Mart+(Sunday Sale) 2320 Highway 61
Passed, approved and adopted this
4th day January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 9-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have tiled
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER/LIQUOR PERMIT
Frickie's L.C. A & B Tap
2600 Central Ave.
Kinseth Hotel Carp Holiday Inn 5
Flags(Outdoor Serv) 450 Main St
CLASS "B"(WB) WINE PERMIT
James Sullivan Dubuque Religious
Center 923 Main St.
Passed, approved end adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resol~an. Seconded by Buol. Motion
carried 7-0.
BOARDS AND COMMISSIONS
APPOINTMENTS TO HUMAN RIGHTS
COMMISSION: Applicants: Kathy BIau,
Thomas Determan, Rev. Kris KJncaid,
Katherine Stevens, Ruby Sutton. Vote
on the appointments was as follows:
Buol voted for Bleu, Determan, and
Reqular Session, January 4, 1999 5
Sutton. Duggan voted for Blau
Stevens and Sutton. Markham voted
for Bleu, Determan and Sutton.
Michalski voted for Biau, Determan and
Sutton. Nicholson voted for Kincaid,
Stevens and Sutton. Robbins voted for
Bleu, Stevens and Sutton. Voetberg
voted for Blau, Determan and Suttor
Therefore, Kathy Blau, Thom Determan
and Ruby Sutton reappointed to three
year terms which will expire January 1,
2002.
Michalski moved to suspend the
rules to allow indMduals to address the
Council. Seconded by Robbins.
Motion carried 7-0.
Proof of Publication, cer~ed to by
the Publisher on Notice of Public
Hearing to consider reclassifying
property located at Southwest Comer
of the Northwest Artadal and Asbury
Road from AG and C-3 to PUD with PC
and PR District Regulafions (QHQ
Properties); Petition containing 16
signatures (residents of Wild Flower
Dr., Gabdel Dr. and High Cloud Dr.
objecting to rezoning of property south
of Asbury Rd and west of the
Northwest Arterial; PoSen of 95
signers objecting to rezoning; Bob &
Unda Schmidt objecctng to proposal by
QHQ Prepe~es/Mike Quagliano to
rezone property;, Ron Paisley objecting
to rezoning proposal; Steven M.
Sanders, Ann & Jeff Liddle and Paul
Engelberth objecting to rezoning as
proposed; Communications sent to
Council Member Nicholson objecting to
proposed plans from Virgil Nauman, M.
Janice Giesler, Dave Schroeder, Tom
Schroeder, Pat Schroeder, Kenneth
Brown, Lucille Giesler and Staven &
Cynthia Redman; Larry We~ Sign
Systems inc. and Gene Bird Sign
requesting reconsideration on
r.edeve[opment plan and adopt the C3
sign regulations as the governing
doctrine; Pelion with 132 signora
requesting denial of another access to
the arterial; Tom Schroeder objecting
to proposed rezoning as requested by
QHQ PropeRties, presented and read.
Nicholson moved that the proof,
petitions and communication be
received and tiled. Seconded by
Michalsk/. Motion carded 7-0.
Pe~on containing 360 signatures
(183 of which are City residents)
approving the rezoning request,
presented and read. Nicholson moved
that the petition be received and filed.
Seconded by Michalski. Mofion carded
7-0.
Mike Quagliano. Developer for
property, addressed the Council
requesting approval of plan as
presented.
The following addressed the Council
voicing their objections to the proposed
plans: Duane Geisler, Bob Schmidt,
John Youngbluth, Tom Schroeder, Ron
Paisley, Becky Wall and Steve
Sanders. Planning Sources Manager
advising opposition to PUD request of
QHQ PropeRties totals over 20%
therefore, 3/4 vote of Councl is now
required for adopfion.
Nicholson moved final adoption of an
Ordinance Amending Zoning Map by
recJassifTing property located at
Southwest corner of the Northwest
Artedal and Asbury Road from AG
Agricultural District and C-3 General
Commercial Disthct, with conditions, to
PUD Planned Unit Development
Distdct with PC 'Planned Commercial
District and PR Planned Residential
District designations and adopting a
Conceptual Development Plan, with
c.onditions, with first & second readings
gwen on 12-21-98. Seconded by
Michalski. Mcton was denied by vote
ofT-0. (Re,zoning Denied).
Proof of Publication certified to by
the Publisher on Notice of Public
Hearing to consider reclassifying
property located at 35 North Booth
Street (the exi~ng YMCA-Y'vVCA
Building) from OR to OS and area from
R-1 to OS District. (YMCA-YVVCA),
~resented and read. Buol moved that
the communication be received and
filed. Seconded by Voetberg. Motion
carded 7-0.
An Ordinance Amending Zoning Map
by reclass~ing property located at 35
North Booth Street (the existing YMCA-
YWCA Building) from OR Office
Residential Distdct to OS Qfflce
Service District and West and East of
the YMCA-YWCA Building from R-1
Single-Family RssidentiaJ Distdct to OS
Qffice Service District, with first &
second readings given on 12-21-98,
now presented for tinal action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 1-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
Regular Session, January 4, 1999
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT35 NORTH BOOTH STREET (THE
EXISTING YMCA-YWCA BUILDING)
FROM OR OFFICE RESIDENTIAL
DISTRICT TO OS OFFICE SERVICE
DISTRICT AND WEST AND EAST OF
THE YMCA-YWCA BUILDING FROM
R-I SINGLE-FAMILY RESIDENTIAL
DISTRICT TO OS OFFICE SERVICE
DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property located
at 35 NoAh Booth Street (the existing
YMCA-YWCA building) from OR Office
Residential Distdct to 'OS Office
Service District and west and east of
the YMCA-YWCA building from R-1
Single-Family Residential District to OS
Office Service District, to wit
Parcel ID numbers 10-26.426-004, 10-
26-426-006, 10-26-426-011, 10-26-
426,013, 10-26-426-014, 10-26-426,
015, 10-26-426-016, and 10-26-426-
017 and to the center line of the
adjoining public right-of-way, ali in the
City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
January, 1999.
Mary A. Davis CMC, City Clerk
ltl/8
Buol moved tinal consideration and
passage of the Ordinance. Seconded
byVostberg. Motion carriedT-0.
Proof of Publication cer~fied to by
the Publisher, on Notice of Public
Hearing to reclassify property North of
2275 Elm Street from R-2A to CS
District (Todd Schmitz), presented and
read. Robbins moved that the proof be
received and tiled. Seconded by
Nicholson. Carried by the following
vote: Yeas-- Duggan, Buol, Markham,
Nicholson, Robbins, Voetberg.
Nays--Michalski.
An Ordinance Amending Zoning Map
by reclassifying property located North
of 2275 Elm Street (Lot 2 of Ambling
Subdivision) from R-2A AJternate Two-
Family Residential District to CS
Commercial Service and Wholesale
District, with first and second readings
given on 12-21-98, now presented for
final action.
(OFFICIAL PUBLICATION) .
ORDINANCE NO. 2-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
NORTH OF 2275 ELM STREET (LOT
2 OF AMBLING SUBDIVISION) FROM
R-2A ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND
WHOLESALE DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sect/on 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by rerJassifying the
hereinafter described property from R-
2A A;temate Two-Family Residential
District to CS Commercial Service and
Wholesale District, to wit
Lot 2 of Ambling Subdivision, and to
the center line of the adjoining public
right-of-way, all in the City of Dubuque,
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by [aw.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
January, 1999.
It 1/8 Mary A. Davis CMC, CH Clerk
Robbins moved tinal consideration
and passage of the Ordinance.
Seconded by Nicholson. Carried by
the following vote: Yeas--Duggan,
Buol, Markham, Nicholsbn, Robbins,
Vostberg. Nays---Michalski.
Regular Session, January 4~ ~1999 7
Proof of Publication certified to by
the Publisher. on Notice of Public
Headng to amending Zoning, Ordinaece
establishing regulations for placement
of towers and antennas, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
An Ordinance Amending the Zoning
Ordinance (Appendix A of City Code of
Ordinances) by adding a Section 4-9 to
establish regulations for the placement
of Towers and Antennas, with first and
second readings given on 12-21-98,
now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 3-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY ADDING A SECTION 4-9 TO
ESTABLISH REGULATIONS FOR
THE PLACEMENT OF TOWERS AND
ANTENNAS.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances is hereby
amended by adding a Section 4-9 to
establish regulafons for the placement
of towers and antennas as follows:
Section 4.9 Towers and Antennas.
Section 4-9.1 General Statement of
Intent.
The provisions of this section are
intended to regulate the location of
towers and antennas. The
Telecommunications Act of 1996
restructured and deregulated many
aspects of the country's communication
industry. New wireless
ta[esommunicafon providers entedng
the market desire to build a network
that may require additional wire[ess
telecommunications towers and
antennas mounted on existing
buildings and other structures. The
purpose of these regulafons is to
encourage the use of the new
technologies while protec~ng the safety
and aesthetics of the community.
Section 4-9.2 Defini~ons:
1) Antenna: Any extedor transmitting,
reception or receiving device mounted
on a Tower, building or freestanding
structure and used in transmission or
reception of electromagnetic waves,
digital signals, analog signals, radio
! frequencies (excluding radar signals),
wbelees telecommunication signals or
other communication signals.
'2)~ntanna array::, a grouping of
antennas that encompasses both
transmitter(s) and receiver(s) of a
single Wireless telecommunication
provider.
3}Tower: Any structure that is designed
and constructed pdmadly for the
purpose of supporting one or more
Antennas including self-supporting
at~ca towers, guyed towers, or
monopole towers. The term also
ineludes radio and television
transmission towers, microwave
towers, cellular telephone towers,
alternative tower structures, and other
similar structures. The term includes
the structure and any support thereto.
4)Tower height: The distance
measured from the grade level at the
base of the Tower to the highest point
on the Tower, including any antenna
mounted on the Tower.
5) Support facil~es: Support buildings,
boxes, cabinets or similar structures
containing electrical or mechanical
equipment and developed for the
reception or transmission of
electromagnetic waves, digital signals,
analog signals, radio frequencies
(exeluding radar signals), wireless
telecommunication signals or other
communication elgnals.
6) ANSI: Amedcan Nafonal Standards
Institute.
7)FCC:Federel Communications
Commission.
8)FAA: Federal Aviation Administration.
Section 4-9.3 Applicability.
1) Non-eesentiel Services.
a} Wirelees telecommunication towers
and antennas shall be regulated
)ursuant to this ordinance and net
regulated as essenfal service, public
util~ or pdvata utility.
2) This section shall apply to all towers
and antennas except the following:
a) Individually owned residential
receive only antennas.
b) Satellite receMng dishes not larger
than five (5) feet in diameter (see
accessory structures).
c) Existing or new pub c safety
structures necessary for broadcast of
e~ergency communicafons or warning
sirens operated by governmental
subdivisions.
Section 4-9.4 Towers.
1) No Tower, and their associated
support facilities, shall be constructed,
except in accordance with the following
requirements:
Regular Session, January 4, 1999
ZONING J US~ ' s~r~c~s ~ HEIGHT' COLOR J UOHT~Na
*Tower he ght may be furtheF restricted
by Section 2-5.11 Restricted Height
(RH) Oveday District.
2) Applicants proposing to construct a
tower higher than allowed by
Subsection (1) may apply for a
vadance to the Zoning Board of
Adjustment.
3) Guys and support facilities must
comply with setback requirements for
the district in which they are located.
4) Towers are prohibited in any Public
Open Space District
5) Towers are prohibited in Historic
Districts and within 1,000 feet of any
Historic District.
6) Application requirements for site
plan review.
a) Site plans for Towers shall be
submitted and reviewed in accordance
with Section 4--4 of this Ordinance and
shall be considered a major site plan.
The following information shall be
submitted with the site plan:
· site and landscape plans drawn to
scale;
· a report, including a description and
visual depiction of the Tower, with
technical reasons for its design and
an explanation of why existing
Towers or other structures cannot be
utilized;
· engineered plans for the structure
and foundation;
· the general capacity of the tower,
and information necessary to assure
that ANSI standards are met;
· a statement of intent on whether
excess space will be leased;
proof of ownership of the proposed
site or authorization to utilize it;
· co pies of any easements necessary;
and
· an analysis of the area containing
existing topographical contours.
Section 4-9.5 Antennas.
1) AntennaS, and their essential
support facilities, shall be allowed as a
[5~rmitted 'use in any zoning ~istdct
subject to the following:
a) A simple site plan shall be submitted
for each Antenna or Antenna Army
providing the following information:
· Mounting location of proposed
Antenna or Antenna Array on host
structure.
· Description of Antenna or Antenna
Army height and width, including a
photo (if available) or other visual
representation.
· Proof of ownership of the proposed
site or authorization to utilize iL
b) The antenna does not extend more
than thirty (30) feet above the highest
point of the host structure.
c) Antennas may be mounted on non-
residential structures, including, but not
limited to, existing towers, traffic
signals, street lights, water towers,
billboards, telephone tower and
emergency signal poles, bddges, and
parking deck structures.
d) Antennas or Antenna Arrays shall
comply with the maximum height
requirement of the zoning distdct in
which they are located. Applicants
proposing an Antenna higher than
allowed by the zoning district in which
it will be located may apply for a
variance to the Zoning Board of
Adjustment.
e) No Antenna or Antenna Array may,
by virtue of this ordinance, occupy,
encroach or "overhang' any public
right-of-way without the expressed
approval of the City of Dubuque.
f) Each Antenna installation shall
require a separate building permit.
g} A building permit for the installation
of an Antenna in a Historic District
requires the prior issuance of a
Certificate of Appropriateness from the
Historic Preservation Commission.
Section 4-9.6 Support facilities.
1) Support facilities shall be cfa color
and construction that is compatible with
Reqular Session, January 4~ 1999
9
~m-°~ di~ development
z) ~upport P~c~-~_~
than four hundred (400) square feet of
gross floor area and more than twelve
(12) feet in height
3} Setbacks for Support Facilities shall
be the same as the setbacks required
for other structures in the zoning diatdct
in which they are located.
Section 4-9.7 Landscaping and
screening requirements for towers and
support facilities.
1) Support facilities and Tower bases
shall be landscaped with a buffer of
plant materials that effectively screens
from view the tower base and any
Support Facilities from adjacent
property or street The plantings
installed shall be of a size and species
that can achieve a height of six (6) feet
and seventy-t'Ne percent (75%} opacity
within three (3) growing seasons.
2) In locations where the visual impact
of the tower and support facilities would
be minimal, the landscape requirement
may be reduced or waived by the City
Planner.
3) Existing mature tree growth and
natural land forms on the property shall
be preserved to the maximum extent
possible. Natural growth around the
property pedmater may be considered
a sufficient buffer for a proposed Tower
and support facilities as determined by
the City P~anner.
Section 4-9.8 Application
requirements for conditional use
permits.
1) A! applicant proposing a Tower that
requires a cond~onal use permit for
construction in the zoning distdct for
which it is proposed shell submit the
following information, in addition to
requirements established in Section 5-
3.4(A) of this ordinance:
· site and landscape plans drawn to
scale;
· a report, including a description and
visual depiction of the Tower, with
technical reasons for ~ design and
an explanation why existing Towers
or other structures cannot be
utilized, including pre-approved City-
owned locations;
· the general capacity of the Tower
and information necessary to assure
that ANSI standards are met;
· a statement of intent on whether the
excess space will be leased;
· proof of ownership of the proposed
site or authorization to use it;
· copies of any easements necessary;,
and,
· an analysis of the area containing
existing topographical contours;
Section 4-9. Non-conforming Towers
or Antennas
!,~ ~'.~ ~ ,~'-w~r~r antenna which
effective date of this ordinance or
date shall be regulated according to the
rules set forth in Section 4-6 of the
Zoning Ordinance, except as follows:
a) New Antennas and Support
Facilities may be mounted on a non-
conforming tower,
b) A non-conforming Tower within one
thousand (1,000) feet of an Historic
Preservation District shall be
considered a legal non-confdrming'
Tower. As such, the Tower may
remain until it has been abandoned.
c) Should any lawful nonconforming
Tower be destroyed by any means to
an extent of more than seventy-five
percent (75%) of its replacement cost
at the time of destruction, it may only
the provisions of this ordinance
provided that the destruction was
caused by an accident or act of God
occurring after the adoption of this
does not increase the degree ,of
nonconformity that existed prior to
destruction.
Section 4-9.10 Abandonment.
1) The operator of a Tower shall
)rovide the City of Dubuque with a
copy of the notice to the FCC of intent
shall have ninety (90) days from the
the Tower and Support Facilities.
2) Any Antenna or Tower that is not
operated for a continuous period of
twelve (12) months shall be considered
abandoned, and the owner of such
Antenna or Tower shall remove the
same within ninety (90) days of issue
date of the notice to remove the tower
or antenna. A maximum of two (2)
twelve (12) month extensions may be
granted by the City Planner if the tower
operator is actively seeking tenants for
the subject tower.
3) If the owner of a Tower fa s, after
notice, to remove the Tower, the City
shall begin the civil c~tion process.
Section 2. This ordinance has
heretofore been reviewed by the
Zoning Advisory Commission of the
C~ of Dubuque, Iowa.
Section 3. This ordinance shall take
affect immediately upon publication, as
provided by law.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
7.0 Regular Session, January 4, 1999
Attest: Mary A. Davis, City Clerk ! PRO~q. TY; (2.)~DETERM~.~NG TJ4AT
Published officially in the Telegraph ~ THE PROPOSAL SUBMITTED BY
Herald nav, lpaper ~his ,'~1~h day of' EAGLEWlNDOW&DOOR, INC. AND
It 1/11 Mary A. Davis CMC, City Clerk
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7-0.
Communication of Joel Morris, on
behalf of the Board of Education of the
Dubuque Community School District,
requesting Tim Hodge, President of the
Board of Education be allowed to
address the Council to consider the
development of a 28E Agreement
between the Ctiy and Schodi District to
share the proceeds from a proposed
Local Option Sales and Services Tax,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by MichalskL
Motion carried 7-0.
Mr. Hodge addressed the Council
indicafing the election for a 1% tax for
properly tax relief was to be held in
Maywith a 10 year limit on the tax.
Communications from Donna
Bauedy and Parker Bauer, Dubuque
Community Schodi District Board
Members supporting the development
of a 28E Agreement between City and
School on proposed Local Option
Sales and Services Tax, presented and
read. Voetberg moved that the
communications be received and flied
and Staff to work with appropriate
School Staff to prepare 28E
Agreement. Seconded by MichaiskJ.
Motion carried 7-0.
Council appointed City Manager
Michael Van Mi[ligen or his designee
as their representative on the
Enterprise Zone Commission.
City Manager requesting a public
hearing be set for Feb. 15, 1999 to
consider disposing of property in Urban
Renewal District to Eagle Window &
Door, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by Budi.
Motion carried 7-0.
(OFFICIAL PUBLICATION)
RESOLUTION NO. 10-99
RESOLUTION (1} APPROVING THE
MINIM U M REQUIREMENTS,
COMPETITIVE CRITERIA, OFFERING
PROCEDURES FOR DISPOSITION
OF CERTAIN URBAN RENEWAL
DUBUQUE-EAGLE, LLC SATISFIES
THE OFFERING REQUIREMENTS
AND DECLARING THE INTENT OF
THE CITY TO ENTER INTO THE
DEVELOPMENT AGREEMENT WITH
EAGLE WINDOW & DOOR, INC. AND
DUBUQUE-EAGLE, LLC IN THE
EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; AND
(3) SOLICITING COMPETING
PROPOSALS.
Whereas, the City of Dubuque, Iowa,
did on August 15, 1994, adopt an
Urban Renewal Project known as the
Kerper Bodievard Industrial Park
Economic Development District (the
'Plan') for the urban renewal area
described therein; and
Whereas, such Plan provides for,
among other things, the disposition of
properties for privata development
purposes as a proposed renewal
action; and
Whereas, Dubuque-Eagle, LLC
('Developer') and Eagle Window
Door, Inc. ("Employer") have submitted
to the City a specific proposal for the
acquisition of certain property
hereinafter described for the
development of a manufacturing
facility, together with the request that
this property be made ava~able for
disposition as rapidly as poesible; and
Whereas, in order to establish
reasonably competi~ve bidding
procedures for disposition of the
property in accordance with the
statutory requirements of Chapter 403,
Code of Iowa. 1997. particularly
Section 403.8, and to assure that the
City extends a full and fair opportunity
to ali developers interested in
submitting a proposal, a summary of
submission requirements and minimum
requirements and competitive criteda
for the property offedng has been
prepared and is attached hereto as
Exhibit "A' and by this reference is
made a part hereof, which sets out the
minimum requirements each proposal
must satisfy in order to qualify for
consideration with respect to the
competitive criteria, the information and
documents which must be submitted,
and the schedule for submission and
competitive bid-off procedures; and
Whereas, said Developer and
Employer have tendered a
Development Agreement with the
attached hereto as Exhibit "B", which
proposes the development of a
Regular Session, January 4,~1999
manufacturing facility on this property;
and
Whereas, to both recognize the firm
proposal for disposition of the property
already received by the City, as
described above, and to give full and
fair opportunity to other developers
interested in submitting a proposal for
development of the property, this
Council should by this Resolution:
1) Set the Fair Market Value of the
pamel as determined by an
independent appraiser for uses in
accordance with the Urban Renewal
Plan;
2) Approve the Guidelines for
Developers for the Kerper Boulevard
lndustfial Park Economic Development
District Urban Renewal Plan Area for
submission of proposals for the
purchase and development, of the
property and the minimum
requirements and compatifive cfiteda
attached hereto as Exhibit 'A';
3) Approve as to form the Developer's
and Employer's proposed Development
Agreement attached hereto as Exhibit
4) Set a date for receipt of competing
proposals and the opening thereof;,
establish a procedure for each
proponent to better its proposal and set
a cutoff time for such modification; and
provide for review of such proposals
with recommendations to this Council
in accordance with established
procedures;
5) Declare that the proposal submitted
by Developer and Employer satisfies
the requirements of the offering, and
that in the event no other qualified
proposal is timely submitted that the
City intends to accept such proposal
and enter into the Development
Agreement and direct publication of
notice of said intent;
6) Approve and direct publication of a
notice to advise any would be
competitors of the opportunity to
compete for purchase of the property
for development on the terms and
conditions set out above;
7) Declare that in the event another
qualified proposal is timely submitted
and accepted, another and future
notice Will be published on the intent of
the City to enter into the resulting
contract, as required by law;, and
Whereas, this Council believes it is
in the best interest of the City and the
Plan to act as expeditiously as possible
to offer this property for development
as set forth herein.
NOW, THEREFORE, BE · IT
RESOLVED BY THE CiTY COUNCIL
l!
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the following
described property ("Property') shall be
offered for development in accordance
with the terms and conditions
contained in this Resolution, to wit:
Part of Lot 1, all of Lot 2 and Lot 3, and
~art of Lot 4 of FDL First Addition to the
City of Dubuque, Iowa, and part of Lot
1 of the Subdivision of Lot 1 of Kerper
Industrial Subdivision Number One in
the City of Dubuque, iowa, and part of
HeaCdand Place in the City of
Dubuque, Dubuque County, iowa,
more particularly described as follows:
Beginning at the Northwest corner of
said Lot 1 of the Subdivision of Lot 1 of
Kerper Industfial Subdivision Number
One in the City of Dubuque, Iowa;
Thence South 57 degrees 28 minutes
39 seconds East, 240.44 feet along the
Northerly line of said Lot 1 of the
Subdivision of Lot 1 of Kerper Industrial
Subdivision Number One in the City of
Dubuque, Iowa, to the Northwesterly
corner of said Lot 3 of FDL First
Addition to the City of Dubuque, Iowa;
Thence South 51 degrees 39 minutes
24 seconds East, 179.84 feet along the
Northeastady line of said Lot 3 and its
Southeasterly extension, to the
Westady extension of the Northerly line
of said Lot 1 of FDL First Addition to
the City of Dubuque, Iowa;
Thence North 87 degrees 44 minutes
08 seconds East, 208.34 feet along
said Westarly extension and said
Nodherly line, to the Westerly fight-of-
way line of Kerper Boaievard (172'
wide);
Thence South 14 degrees 46 minutes
16 seconds East, 951.03 feet along
said Westedy fight-of-way line to the
proposed Northerly fight-of-way line of
Kerper Court (75' wide);
Thence Westedy along said Northerly
right-of-way line the following five (5)
courses: South 75 degrees 09 minutes
14 seconds West, 79.14 feet, to a point '
of curvature; Westerly, an arc distance
of 151.48 feet along a circular curve
concave to the Southeast, having a
radius of 537.50 feet, a central angle of
16 degrees 08 minutes 51 seconds,
and whose chord bears South 67
degrees 04 minutes 49 seconds West,
150.98 feet, to a point of tangency;,
south 59 degrees 00 minutes 23
seconds West' 194.64 feet, to a point
of curvature; Westerly, an arc distance
of 59.89 feet along a circular curve
concave to the Northwest, having a
radius of 462.50 feet, a central angle of
07 degrees 25 minutes 07 seconds,
and whose chord bears South 62
Regular Session, January 4, 1999
degrees 42 minutes 57 seconds West,
59.84 feet, to a point of tangency;
South 66 degrees 25 minutes 31
seconds West, 540.41 feet, to the
Westerly line of the herein described
parcel;
Thence North 15 degrees 08 minutes
48 seconds West, 988.58 feet along
said Westedy line, to the Northwesterly
line of said Heartland Place in the City
of Dubuque, Dubuque County, Iowa;
Thence North 30 degrees 30 minutes
32 seconds East, 614.18 feet along
said Northwesterly line;
Thence South 59 degrees 29 minutes
28 seconds East, 35.00 feet at right
angles to the last described course, to
the Westerly line of said Lot 1 of the
SubdMsion of Lot 1 of Kerper Industrial
Subdivision Number One in the Cb of
Dubuque, Iowa;
Thence North 25 degrees 45 minutes
16 seconds East, 121.54 feet along
said Westerly line, to the Point of
Beginning.
Containing 27.037 acres, more Or tess,
and subject to easements,
reservations, restrictions, and rights-of-
way of record and not of record.
Section 2. That the current Fair
Market Value of Property shall be
$1,529,000 as determined by the
appraisal of Felderman Appraisals
dated December 7, 1998.
Section 3. That it is hereby
determined that in order to qualify for
consideration for selection each
Developer must submit a proposal
which meets these minimum
requirements:
a) Contains an agreement to acquire
Property at not less than the Fair
Market Value for use in accordance
with the Plan;
b) Is for the development of the
Property for use by an actual
expanding or new business in
conformance with the Plan and is not
for speculative development;
c) includes a construction schedule in
which the construction of approximately
350,000 square feet of manufacturing
space plus approximately 40,000
square feet of office space is
substantially complete on or before
twenty-four months from a closing date;
d) Sets out or provides through other
means acceptable to the City the
proposed developer's experience in
working with other development
projects and with construction; and
e) Sets out or provides through other
means acceptable to the City the
experience of the ptincipals and key
staff who are directly engaged in
performance of contract obligations in
carrying out projects of similar scale
and character.
Section 4, That it is hereby
determined that each proposal which
satisfies the minimum requirements as
determined by the City, shall be
reviewed on the basis of the strength of
such proposal as judged by the
following compe~ve criteria:
a) Quality of the proposal
1 ) The overall cost of the project;, and
2) The types of materials shown for
construction of the structure.
b) Architectural design of the proposed
development
1) Compatibility of the design with
surrounding structures, vistas,
vehicular activities and future
development of adjacent property;
2) The functional design of the site,
structure and all public spaces; and
3) The aesthetic quality of the
development.
c) Economic feasibility ofthe proposed
development
1) The economic return to the
community provided by the proposed
development including, but not limited
to, the property and sales tax
generated, the number of jobs provided
and the encouragement of similar and
related development in the urban
renewal district; and
2) The ability of the prospective
developer to finance and complete the
project as proposed.
Section 5. That the proposed
Development Agreement by and
among the City, Developer and
Employer, be and is hereby approved
as to form for the purposes hereinafter
stated.
Section 6. That for the purpose of
defining the offering of the Property for
development, said Development
Agreement shall be deemed to be
illustrative of the terms acceptable to
the City with respect to:
a) Purchase price;
b) Conveyance of property;
c) Required minimum improvements;
d) Timing of improvements;
e) City participation;
f) Covenants;
g) Events of Default and Remedies;
and
~) General terms and provisions;
~rovided, however, that each
;ompeting proposal and contract shall
be permitted to:
a) Devise and report its own design for
development so long as the minimum
requirements set out in Exhibit "A" are
met;
Reqular Session,
b) Devise and report its own method
and sources of financing, so long as
such proposal is sufficient to assure
financing of the project in a timely
manner, and
c) Allow taking possession of the
Properly to be delayed for up to six (6)
months after the execution of the
contract.
No other substan~ve deviations will
be permitted.
Section 7. That the proposed
Development Agreement submitted by
the Developer and Employer satisfies
the requirements of the offering and, in
the event that no other qualified
proposals are timely submitted, that the
City enter into said Agreement is
hereby accepted and approved.
Section 8. That it is hereby
determined that the Developer
possesses the qualifications, financial
resources and legal ability necessary to
acquire and develop the property in the
manner proposed by this offering in
accordance with the Plan.
Section 9. That it is hereby
determined that the disposition price for
the Property offered to the Developer
shall be in the amount of the Fair
Market Value as established by this
Council for uses in accordance with the
Plan.
Section 10. That the City Clerk shall
receive and retain for public
examination the attached Development
Agreement submitted by the Developer
and Employer and, in the event no
other qualified proposals are timely
submitted, shall resubmit the same to
this Council far final approval and
execution upon expiration of the notice
hereinafter prescribed.
Section 11. That the action of this
Council be considered to be and does
hereby constitute notice to all
concerned of the intention of this
Council, in the event that no other
qualified proposals are timely
submitted, to accept the proposal of the
Developer and Employer to acquire
and develop the Property and to enter
into the Development Agreement by
and among the City, Developer and
Employer.
Section 12. That the official notice of
this offedng and of the intent of the
City, in the event no other qualified
proposals are timely submitted, to enter
into said Development Agreement,
shall be a true copy of this Resolution,
but without the attachments referred to
herein.
Section 13. That the City Clerk is
authorized and directed to secure
January 4~ 1.999
immediate publication of said official
notice in the 3'elearanh Herald, a
newspaper having a genera c rculation
in the community, by publication of the
text of this Resolution without
attachments on or before the 9th day of
January, 1999.
Sesfion 14. That written proposals
for the sale and development of the
Property will be received by the City
Clerk at or before 10:00 a.m., February
15, 1999, in the Office ofthe City Clerk,
located on the first floor at City Hall,
Dubuque, Iowa 52001. Each proposal
will be opened at the hour of 10:00
a.m. in City Hall, Dubuque, Iowa on
February 15, 1999. Said proposals will
then be presented to the City Council
at 7:00 p.m., February 15, 1999, at a
meeting to be held in the Auditoitum of
the Carnegie-Stout Public Library,
Dubuque, Iowa.
Section 15. That such offering shall
be in substantial conformance with the
provisions of Section 403 8, Code of
Iowa, requiting "reasonable competYdve
bidding procedures" as are hereby
,rescfibed which method is hereby
determined to be the appropriate
method for making the Property
available for development.
Section 16. That the required
documents for the submission of a
proposal shall be in substantial
conformity with the provisions of this
Resolution.
Section 17. That the City Clerk is
hereby nominated and appointed as
the agent of the City of Dubuque, Iowa
to receive proposals for the sale of the
Property at the date and according to
the procedure here[nabove specified
for receipt of such proposals and to
=receed at such time to formally
acknowledge receipt of each of such
proposals by noting the receipt of same
in the Minutes of the Council; that the
City Manager is hereby authorized and
directed to make preliminary ana~sis
ef each such proposal for compliance
with the minimum requirements
established by this Council
hereinabove. For each proposal which
satisfies these requirements, the
Council shaft judge the strength of the
proposal by the competitive cdteria
established hereinabove. The Council
shall then make the final evaluation
and selection of the proposals.
Section 18. That following receipt of
competing proposals, the Developer
and Employer shall have until 10:00
a.m. on February 22, 1999, to amend
its proposal in response and to deliver
same to the City Clerk.
Regular Session, January 4, 1999
Section 19. That if, and only if,
competing proposals are received and
determined by the Council to meet the
minimum requirements of this
Resolution, and the Developer amends
its proposal in response thereto, such
Council shall forthwith schedule a
meeting within seven (7) days after
February 22, 1999, at which meeting
there shall be a bid-oft, each proposal
against the other, sedatim starting with
the second proposal received .until
such time as each proponent for the
sale of the Property shall decline to
improve its bid in response to the last
bid of the other bidder or bidders. The
pedod of time to be allowed for such
bid-oft shall not be in excess of three
consecutive hours on said date. The
rules of such bid-oft shall be as
informally determined by the Council at
or before such bid-off pedod and shall
be absolute.
Section 20. That in the event another
qualified proposal is timely submitted
and accepted by the City, another and
further notice shall be published of the
intent of the City of Dubuque, Iowa, to
enter into the resulting contract, as
required by law.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published ofticial[y in the Telegraph
Herald newspaper this 8th day of
January, 1999.
It 1/8 Mary A. Davis CMC, City Clerk
Voetberg moved adopfion of the
Resolution and set the public hearing
for February 15, 1999 at 7:00 p.m. in
the Public Library Auditorium and direct
the City Clerk to publish the notice in
the manner prescribed by law.
Seconded by Buok Motion carded 7-0.
City Manager requesting a public
hearing be set for Feb. 15, 1999 to
consider property exchange on Kerper
Boulevard with John P. Michalakis and
Richard L. Bi[lmeyer presented and
read. Buol moved that the
communication be received and filed.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 11-99
RESOLUTION (1) APPROVING THE
MINIMUM REQUIREMENTS,
COMPETITIVE CRITERIA, OFFERING
PROCEDURES FOR DISPOSITION
OF CERTAIN URBAN RENEWAL
PROPERTY; (2) DETERMINING THAT
THE PROPOSAI~ SUBMI3-]'ED BY
JOHN P. MIHALAKIS AND RICHARD
L. BILLMEYER (DEVELOPERS)
SATISFIES THE OFFERING
REQUIREMENTS AND DECLARING
THE INTENT OF THE CITY TO
ENTER INTO THE AGREEMENT FOR
THE EXCHANGE OF LAND WITH
DEVELOPERS IN THE EVENT THAT
NO COMPETING PROPOSALS ARE
SUBMITTED; AND (3) SOLICITING
COMPETING PROPOSALS.
Whereas, the City of Dubuq[~e, Iowa,
did on August 15, 1994, adopt an
Urban Renewal Project known as the
Kerper Boulevard Industrial Park
Economic Development District (the
'Plan") for the urban renewal area
described therein; and
Whereas, such Plan provides for,
among other things, the disposition of
prope~es for private development
purposes as a proposed renewal
action; and
Whereas, John P. Mihalakis and
Richard L. Bi[Imeyer ("Developers")
have submitted to the City a specific
proposal for the exchange of certain
propeKy owned by them, described as
Part of Lot 1 FDL First Addition and Lot
2 FDL First Addition (together, the
"Exhibit A Property"), for certain
pmperb/ owned or being acquired by
the City (hereinafter defined as the
"Prope~b/'), for the purpose of
supporting the Eagle Window & Door
expansion, together with the request
that this Property be made available for
disposition as rapidly as possible; and
Whereas, in order to establish
reasonably competitive bidding
procedures for disposition of the
Property in accordance with the
statutory requirements of Chapter 403,
Code of Iowa, 1997, parficulady
Section 403.8, and to assure that the
City extends a full and fair opportuni~,
to all developera interested m
submitting a proposal, a summary of
submission requirements and minimum
requirements and competitive criteria
for the Property offedng has been
prepared and is attached hereto as
Exhibit "A" and by this reference is
made a part hereof, which sets out the
minimum requirements each proposal
must satisfy in order to quality for
consideration with respect to the
competitive criteria, the information and
documents which must be submi~ed,
and the schedule for submission and
competitive bid-off procedures; and
Whereas, said Developers have
tendered an Agreement for the
Exchange of Land with the City,
Reqular Session, January 4., 1999
15
attached hereto as Exhibit "B" (the
"Agreement"), which proposes a land
exchange with the City for the purpose
of suppodJng the Eagle Window & Door
expansion; and
Whereas, to both recognize the firm
proposal for disposition of the Property
already received by the City, as
described above, and to give full and
fair opportunity to other developers
intarested in submitting a proposal for
development of the Property, this
Council should by this Resolution:
1) Determine that the prope~es to be
exchanged under the Agreement ara
substantially equal in value and that the
price offered by any competitive bid
must be sufficient to purchase outright
the Exhibit A Property offered in the
exchange;
2) Approve the Guidelines for
Developers for the Kerper Boulevard
Industrial Park Economic Development
District Urban Renewal Plan Area for
submission of proposals for the
purchase and development of the
Property and the minimum
requirements and compelf~ve ctiteda
attached hereto as Exhibit "A';
3) Approve as to form the proposed
Agreement for the Exchange of Land
attached hereto as Exhibit "B';
4) Set a date for receipt of competing
proposals and the opening thereof;
establish a procedure for each
proponent to better its proposal and set
a cutofftime far such modification; and
provide for review of such proposals
with recommendations to this Council
in accordance with established
procedures;
5) Declare that the proposal submitted
by Developers satisfies the
requirements of the offering, and that in
the event no other qualified proposal is
timely submitted that the City intends to
accept such proposal and enter into the
Agreement far the Exchange of Land
and direct publication of notice of said
intent;
6) Approve and direct publication of a
notice to advise any would be
competitors of the opportunffy to
compete for purchase of the Property
for development on the terms and
conditions set out above;
7) Declare that in the event anather
qualified proposal is timely submitted
and accepted, another and future
notice will be published on the intent of
the City to enter into the resulting
contract, as required by law;, and
Whereas, this Council believes it is
in the best interest of the City and the
Plan to act as expeditiously as possible
to offer this Property for development
as set forth herein.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the following
describe.d property ("Property") shall be
offered for development in accordance
with the terms and conditions
contained in this Resolution, to wit:
Part of Lot 4 FDL First Addition and
Part of Lot 1, Block 5 Dubuque Packing
Company Addition, all in the City of
Dubuque, Iowa.
Section 2. That in the reasonable
judgment of this Council, the Property
and the Exhibit A Property offered in
exchange by the Developers are
substantially equal in value.
Section 3. That it is hereby
determined that in order to qualify for
consideration for selection each
Developer must submit a proposal
which meets these minimum
requirements:
a) Agrees to acquire the Property at
not less than the cost to the City to
purchase the Exhibit A Property from
the Developers for use in accordance
with the Plan and the Agreement;
b) Agrees to accept the Property in its
"as is" condition and "with all faults"
condition;
c) Agrees that the use of groundwater
from the site of the Property is
prohibited;
d} Agrees that all operations and
activities (other than construction) on
the Property shall be conducted or
maintained within completely enclosed
buildings, except for off-street parking
and loading facilities;
e) Agrees that no exterior storage shall
be permitted on the Property other than
exterior trash collection areas that meet
stdct containment standards;
f) Acknowledges that any agreement
to purchase the Property is subject to
the execution of a development
agreement between the City and Eagle
Window & Door, inc.; and
g) Agrees that the purchase of the
Property is subject to final approve by
the City Council of the City of Dubuque,
owe,
Section 4. That it is hereby
determined that each proposal which
satisfies the minimum requirements as
determined by the City, shall be
reviewed on the basis of the strength of
such proposal as judged by the
following competYdve criteria:
a) Economic feasib, il~ of the Proposal
1) The economic return to the
community provided by the proposed
Regular Session January 4, 1999
development including, but not limited
to, the property and sales tax
generated, the number of jobs provided
and the encouragement of similar and
related development in the urban
renewal district;
2) The ability of the prospective
developer to finance and complete the
project as proposed;
3) The assurance provided to the City
that the prospecfive developer will pay
all costs associated with the City's
acquisition of the Exhibit A Property
from the Developers; and
4) The likelihood that the City will be
able to acquire the Exhibit A Property
from the Developers under the
financing and legal structure proposed
by the prospective developer, taking
into account the extent of the
confingencies (legal, financial or
othe~vise) associated with
implementation of the proposal
b) Quality of the proposal
1} The overall cost ofthe project; and
2) The types of materials shown for
construction of the structure.
c) Architectural design of the proposed
development
1) Compatibility of the design w~th
surrounding structures, vistas,
vehicular acfivifies and future
development of adjacent property;,
2) The funcfional design of the site,
structure and all public spaces; and
3) The aesthetic quality of the
development.
Section 5. That the proposed
Agreement for the Exchange of Land
by and between the City and
Developers be and is hereby approved
as to form for the purposes hereinafter
stated.
Section 6. That for the purpose of
defining the offedng of the Property for
development, said Agreement shall be
deemed to be illustrative of the terms
acceptable to the City with respect to:
a) Purchase pdce;
b) Conveyance of property;
c) Use of property;
d) City improvements;
f) Agreement with Eagle Window &
Door, Inc.;
provided, however, that each
competing proposal and contract shall
be permitted to:
a) Devise and report its own design for
development so long as the minimum
requirements are met;
b) Devise and report its own method
and sources of financing, so long as
such proposal [s sufficient to permit the
City to acquire the Exhibit A Property in
a timely manner; and
c) Allow taking possession of the
Property to be delayed for up to six (6)
months after the execution of the
contract.
No other substantive deviations will be
permitted.
Section 7. That the proposed
Agreement for the Exchange of Land
submitted by the Developer satisfies
the requirements of the offering and, in
the event that no other qualified
proposals are timely submitted, that the
City enter into said Agreement is
hereby accepted and approved.
Section 8. That it is hereby
determined that the Developers
possess the qualifications, financial
resources and legal ability necessary to
acquire and develop the Property in the
manner proposed by this offering in
accordance with the Plan.
Section 9. That it is hereby
determined that the Property and the
Exhibit A Property to be exchanged
therefor are substantially equal in value
and that the pdce offered by any
competitive bid must be sufficient to
~urchase outright the Exhibit A
Property offered in the exchange.
Section 10. That the City Clerk shall
receive and retain for public
examination the attached Agreement
for the Exchange of Land submitted by
the Developers and, in the event no
other qualified proposals are timely
submitted, shall resubmit the same to
this Council for final approval and
execution upon expiration of the notice
hereinafter prescribed.
Section 11. That the action of this
Counc~ be considered to be and does
hereby constitute notice to all
concerned of the Jntenfion of this
Council, in the event that no other
qualified proposals are timely
submitted, to accept the proposal of the
Developers to enter into the Agreement
for the Exchange of Land by and
between the City and Developers.
Section 12. That the official nofice of
this offering and of the intent of the
City, in the event no other qualified
proposals are timely submitted, to enter
into said Agreement, shall be a true
copy of this Resolution, but without the
attachments referred to herein.
Section 13. That the City Clerk is
authorized and directed to secure
immediate publication of said official
notice in the Telenraeh HeraM a
newspaper having a general circulation
in the community, by publicafion of the
text of this Resolution without
attachments on or before the 9th day of
January, 1999.
Reqular Session, January 4, 1999
Section 14. That wdtten proposals
for the sale and development of the
Property will be received by the City
Clerk at or before 10:00 a.m., February
15, 1999, in the Office of the City Clerk,
located on the first floor at City Hall,
Dubuque, Iowa 52001. Each proposal
will be opened at the hour of 10:00
a.m. in City Hall, Dubuque, Iowa on
February 15, 1999. Said preposa[s will
then be presented to the City Council
at 7:00 p.m., February 15, 1999, at a
meeting to be held in the Auditodum of
the Carnegie-Stout Public Library,
Dubuque, Iowa.
Section 15. That such offedng shall
be in substantial conformance with the
provisions of Section 403.8, Code of
Iowa, requiring 'reasonable compe~ve
bidding procedures' as are hereby
prescribed*which method is hereby
determined to be the appropriate
method for making the Property
evadable for development.
Section 16. That the required
documents for the submission of a
proposal shall be in substantial
conformity with the provisions of this
Resolution.
Section 17. That the City Clerk is
hereby nominated and appointed as
the agent of the City of Dubuque, Iowa
to receive proposals for the sale of the
Property at the date and according to
the procedure hereinabove specified
for receipt of such proposals and to
proceed at such ~me to formally
acknowledge receipt of each of such
.proposals by noting the receipt of same
m the Minutes of the Council; that the
City Manager is hereby authorized and
directed to make preliminary analysis
of each such proposal for compliance
with the minimum requirements
established by this Council
hereinabove. For each proposal which
satisfies these requirements, the
Council shall judge the strength of the
proposal by the competitive cdteda
established hereinabove. The Council
shall then make the final evaluation
and selection of the proposals.
Section 18, That following receipt of
competing proposals, the Developers
shall have until 10:00 a.m. on February
22, 1999, to amend its proposal in
response and to deliver same to the
City Clerk.
Section 19, That if, and only if,
competing proposals are received and
de. te, rmined by the Council to meet the
minimum requirements of this
Resolution, and the Developers amend
its proposal in response thereto, such
Council shall forthwith schedule a
17
meeting within seven (7) days after
February 22, 1999, at which meeflng
there shall be a bid-off, each proposa
against the other, sedatim starting with
the second proposal received until
such flme as each proponent for the
sale of the Property shall decline to
ir~prove its bid in response to the last
bid of the other bidder or bidders. The
pedod of time to be allowed for such
bid-off shall not be in excess of three
consecutive hours on said date. The
rules of such bid-off shall be as
informally determined by the Council at
or before such bid-off pedod and shall
be absolute.
Section 20. That in the event another
qualified proposal is timely submitted
and accepted by the City, another and
further notice shall be published of the
intent of the City of Dubuque, Iowa, to
enter into the resulting contract, as
required by law.
Passed, approved and adopted this
4th day of January, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
January, 1999.
It 1/8 Mary A. Davis CMC, City Clerk
Buol moved adoption of the
Resolution and set the public headeg
for Feb. 15, 1999 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
~rescdbed by law. Seconded by
Markham. Motion carded 7-0.
At 9:07 P.M. Michaiski moved to go
into Closed Session In accordance with
Chapter 21.5 1.fj) To discuss the
~urchase of paYdcular real estate
where premature disclosure could be
reasonably expected to increase the
pdce the governmental body would
have to pay for that property.
Seconded by BuoL Motion carded 7-0.
Counc~'l reconvened at 9:35 P.M. and
stated that Staff had been given
direction regarding acquisition of real
estate.
There being no further business,
Nicholson moved to adjourn the
meeting. Seconded by Buol. Motion
carded 7-0, The meeting adjourned at
9:36 P.M,
/s/Mary A, Davis CMC
City Clerk
18 Regular Session, January 4, 1999
Approved'/~ ' "~'c'"-',/'~-,-~'~' , 1999
Ad o pt J~.-~¢ ~'"', ,./~~//~'~/'~' ' ~ ~ 1999
Council Membem
Ci~ CI~
Special Session~ Jan uary 18, 1999 19
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council met Monday, January
18, 1999 at 5:00 p.m. for dinner on the
Second Floor of the Public Library.
At 5:30 p.m. Council convened in the
Public Library Auditorium for a Work
Session to discuss the North
Grandview Avenue Extension.
Present: Council Members Buo[,
Markham, Michalski, Nicholson,
Robbins, Voetberg, C~ Manager
Michael Van Mi~ligen.
Absent: Mayor Duggan at Roll Catl.
Mayor Duggan entered at 5;54 P.M.
Consensus was to leave the road in
the plan.
The meeting adjourned at 6:34 p.m.
/s/Mary A. Davis CMC,
City Clerk
./
Approved ~ ,1999
Adopted ~ ~'~ ~'~ ,.1999
'~,/Mayzor~
A~est~ ~ndl MemOs
C~'Clerk ~
20 Board of Health, January 18, 1999
DUBUQUE
BOARD OFHEALTH
QUARTERLY
MEETING
Regular Quarterly Meeting, January
18, 1999
Board of Health met at 6:55 p.m.,
Public Library Auditorium
Present: Chairperson Duggan,
Board Members Buol, Markham,
Michalski, Nicholson, Robbins,
Voetberg.
Chairperson Duggan read the call
and stated this is the Regular Quarterly
Board of Health meeting called for the
purpose to act upon such business
which may properly come before the
Board.
Public Health Specialist Mary Rose
Corrigan submitted a report to the
Board on the Head Lice Control Plan,
presented and read. Micha~ski moved
that the communication be received
and filed. Seconded by Robbins.
Motion carried 7-0.
There being no further business,
RoSbins moved to adjourn the meeting.
Seconded by Buol. Motion carried 7-0.
The meeting adjourned at 6:56 p.m.
Is~ Mary A. Davis CMC,
Secretary, Board of Health
Approved ~ ~ ,1999
v '~'Board Members
Attest[
Secretary, I~jY'p/ard of Health
Regular Session, January 18, 1999
2!
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
January 18, 1999.
Council met at 7:00 P.M., Public
Library Auditorium.
Present Mayor Duggan, Council
Members Buol, Markham, Micha]ski,
Nicholson, Robbins, Voetberg, Cfly
Manager Michael Van Milligen,
Corporafion Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is the Regular Meeting of
the Cfb' Council called for the purpose
to act upon such business which may
properly come before the Council.
Invocation was given by Ken Jones,
Minister of The Dubuque Church Of
Christ.
Mayor Duggan and Council Member
Markham made a presentation to
Tatyana (Tanya) Louzgina, gymnast,
and her coach, Mrs. Natalia Zakharova,
from Pyatigorsk, Russia.
Rick Dickinson gave a verbal six
month progress report on Greater
Dubuque Development Corporation
(G.D.D.C.).
MINUTES SUBMI'I~'ED: Civil
Service Commission of 11-17 & 12-1;
Commun~ Development Advison/
Commission of 12-1; Transit Trustee
Board of 12-17; Zoning Advisory
Commission of 1-6, presented and
read. Voetberg moved that the
minutes be received and filed.
Seconded by BuoL Motion carried 7-0.
Printed Council Proceedings for
month of November, 1998, presented
for approval. Voatberg moved that the
proceedings be approved as printed.
Seconded by Buol. Motion carried 7-0.
Finance Director subm~ng tinancial
report for month ending December,
1998, presented and read. Voatberg
moved that the report be received and
filed. Seconded by BuoL Motion carried
7-0.
Proofs of Publication on No§ce 'of
publishing List of Claims and Summary
of Revenue for month ending 11-30-98;
Council Proceedings for meetings of
12-15-98 & 12-21-98, presented and
read. Voetberg moved that the proofs
be received and filed. Seconded by
Buol. Motion carried 7-0.
Convention & Visitors Bureau
submitting their quarterly report,
presented and read. Voetberg moved
that the report be received and filed.
Seconded by Buol. Mofion carried 7-0.
NOTICE OF CLAIMS/SUITS: Mariyn
J. Langevin in amount of $328.00 for
water damages; Scott Leibfried in
amount of $253.99 for vehicle
damages; Rafoth Sheet Metal Inc. in
amount of $2,117.94 for vehicle
damages; Gary Ristow in amount of
$53.49 for personal clothing loss,
)resented and read. Voetberg moved
that the claims and suits be referred to
the Legal Staff for investigation and
report Seconded by Buol. Motion
carried 7-0.
Corporatien Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Commun~es
Assurance Pool: Personal injury of Lois
Westemeier, False Arrest of Michael J.
Shaffer, presented and read. Voetberg
moved that the communication be
received and tiled. Seconded by Buol.
Motion carried 7-0.
Corporation Counsel advising
vehicle damage claim of Richard
Meehan has been administratively
closed, presented and read. Voatberg
moved that the communication be
received and filed. Seconded by BuoL
Motion carried 7-0.
January 6, 1999
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, the Civil
Service Commission conducted a
written promotional examination on
December 1, 1998 for the position of
FOREMAN.
We hereby cer~y that the following
individuals have passed this written
examination and the vacancy for this
posi~on should be made from this list.
We further state that this list is good for
two (2) years from the above date.
FOREMAN
Vincent Conner John Gotto
Michael Horsfall Elmer H~acock
Regular Session, January 18, 1999
Paul Davis John Huekels
Patdck DeHeck Paul Herman
Mark Weidenbacher Kevin Grace
Respectfully submitted,
Merle J. Duehr, Jr., Chairperson
Loras J. K]uesner
Thomas E. Rawson
Civil Service Commission
Voetberg moved that the above CMl
Service ce~ticafion be made a matter
of record. Seconded by Buck Motion
carried 7-0.
City Manager advising of transmittal
of application to State Historical
Society for Historic Resource
Development Program funds for five
interpretive signs along Heritage Trail
and the Mississippi Riverwalk,
presented and read. Vostberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0.
City Manager requesting approval to
submit application to the Iowa DNR for
Marine Fuel Tax funds to assist with
reconstruction of the Schm~ Harbor
Boat Ramp, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by BuoL Motion carded 7-0.
RESOLUTION NO. 12-99
RESOLUTION AUTHORIZING
APPLICATION FOR MARINE FUEL
TAX FUNDS FOR RECONSTRUC-
TION OF THE SCHMITT HARBOR
BOAT RAMP.
Whereas, the iowa Department of
Natural Resources has Madne Fuel
Tax Funds available to develop and
maintain water access projects; and
Whereas, the City of Dubuque has
an adopted Riverfrcnt Plan that places
a high priority on recreational
improvements to Schmitt Island; and
Whereas, the City of Dubuque
recognizes the recreational potential of
the Schmitt Harbor Boat Ramp.
NOW THEREFORE, BE ~T
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, iOWA:
Section 1. That the Planning
Services Manager is hereby authorized
to submit an application for Marine Fuel
Tax Funds to the iowa Department of
Natural Resources (IDNR) to
reconstruct the Schmitt Harbor Boat
Ramp.
Section. 2. That the City Manager is
hereby authorized to utilize budgeted
Capital Improvement Program funds to
provide the local match required for this
project, if approved by IDNR.
Passed, approved and adopted this
18th day of Januaw, 1999.
Terrance M. Duggan, Mayor
Attest: Mann A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0.
Zoning Advisory Commission
advising of their approval of plat of
Lookout Point Subdivision No. 2. (John
& Alice Butler - 1960 and 2000 South
Grandview Ave.), presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Mofion carried 7-0.
RESOLUTION NO. 13-99
A RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOTS 1 AND 2
OF LOOKOUT POINT SUBDIVISION
NO. 2 IN THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with
the City Clerk a plat of survey of Lot 1
and 2 of Lookout Point Subdivision No.
2 in the City of Dubuque, Iowa; and
Whereas, said plat provides 0 feet of
frontage for Lot 2, where 60 feet is
required by Section 42-19(b) of the
Subdivision Regulations; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the Cby Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of
the SubdMsion Regulations is waived
to allow Lot 2 to have 0 feet of
frontage, where 60 feet of frontage is
required, because Lot 2 has an access
easement to a public street
Section 2. That the plat of survey of
Lots 1 and 2 of Lookout Point
SubdMsion No. 2 is hereby approved
and the Mayor and City Clerk are
hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat
Passed, approved and adopted this
18th day of January, 1999.
Torrance M. Duggan, Mayor
Attest: Mann A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 13-99
We, the undersigned, John E. Butler
and Alice L Butler, having read the
terms and conditions of the Resolution
No. 13-99 and being familiar with the
Reqular Session,
conditions thereof, hereby accept this
same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 27th
day of January, 1999.
By/s/John E. Butler
By/s/Alice L Buffer
Voetberg moved adopffon of the
Resolution. Seconded by Buol. Motion
carded 7-0.
Zoning Advisory Commission
advising of their approval of plat in
Darwood Acres in Dubuque County.
(Larry Tscharner}, presented and resd.
Voetberg moved that the
commun[caffon be received and filed.
Seconded by BuoL Motion carded 7-0.
RESOLUTION NO. 14-99
A RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT 1 OF LOT
1 AND LOT 2 OF LOT I OF
DARWOOD ACRES SUBDIVISION IN
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with
the City Clerk a subdivision plat of Lot
1 of Lot 1 and Lot 2 of Lot 1 of
Darwoed Acres SubdMsion in
Dubuque County, Iowa; and
Whereas, said plat provides 0 feet of
frontage for Lot 2 of Lot 1, where 60
feet is required by Section 42-lC(f) of
the SubdMsion Regulations; and
Whereas, upon said final plat
appears John F. Kennedy Road; and
Whereas, the subdMsion plat has
been examined by the Zoning Advisory
Commission and had its approval
endorsed thereon, with conditions; and
Whereas, said subdivision plat has
been examined by the City Council and
they find that it conforms to the statutes
and ordinances relating to it.
NOW, THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Cb Council
hereby waives Article IV, Design and
Improvement Standards, of the
Subdivision Regulations, except
Section 42-19, Lots and Blocks.
Section 2. That Section 42-19(b) of
the Subdivision Regulaffans is waived
to allow Lot 2 of Lot 1 to have 0 feet of
frontage, where 60 feet of frontage is
required, and that Lot 2 of Lot 1 be
designated as a "non-buildable lot*,
unless [t is combined with an abutting
lot that has frontage on an approved
public or pdvate street.
Section 3. That the subdivision plat
of Lot 1 of Lot 1 and Lot 2 of Lot 1 of
Darwood Acres Subdivision is hereby
approved and the Mayor and Cb Clerk
January18~1999 23
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said subdivision
plat
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, Cb Clerk
ACCEPTANCE OF
RESOLUTION NO.14-99
I, the undersigned, Larry Tschamer,
having read the terms and conditions of
the Resolution No. 14-99 and being
familiar with the conditions thereof,
hereby accept this same and agree t,o
the conditions required therein.
Dated in Dubuque, Iowa this lgth
day of January, 1999.
By/s/Larry Tschamer
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
Zoning Advisory Commission
advising of approval of request by Ron
Smith for extension of time limit for
submittal of fina~ plan far PR Planned
Residential Distdct for Lores Estates,
~resented and read. Vostberg moved
that the communication be received
and filed. Seconded by BuoL Motion
carried 7-0.
City Manager submitting copy of
letter sent to Project Manager for IDOT
regarding U.S. 20 Capacity Bddge
Study, presented and read. Vostberg
moved that the communicafion be
received and filed. Seconded by Buol.
Motion carded 7-0.
City Manager recommending
acceptance of Washington Street from
14th to 30th Sts. Curb Ramps project,
~resented and read. Vostberg moved
that the communication be received
and filed. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 15-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the Curb
Ramps on Washington Street from
14th to 30th Street has been completed
and the City Manager has examined
the work and flied his cer~cata stating
that the same has been completed
according to the terms of the contract,
plans and specifications and
recommends it acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY' COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Sec~on 1. That the recommendation
of the City Manager be approved and
24 Regular Session, January 18, 1999
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 Fiscal Year 1999 Sidewalk Funds
and Curb and Catch Basin Funds in
amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 16-99
FINAL ESTIMATE
Whereas, the contract for the Curb
Ramps on Washington Street from
14th to 30th Street 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 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 $40,314.20 and the said amount
shall be paid from Fiscal Year 1999
Sidewalk Funds and Curb and Catch
Basin Funds of the City of Dubuque,
Iowa.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending
acceptance of 1997 Curb Ramp -
Sidewalk project, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buo[. Mofion carried 7-0.
RESOLUTION NO. 17-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the Curb
Ramps 1997 - Sidewalk Inspection
Route has been completed and the
City Manager has examined the work
and filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe recommendafion
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
Fiscal Year 1999 Sidewalk Funds and
Curb and Catch Basin Funds in amount
equal to the amount of his contract.
less any retained percentage provided
for therein.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 18-99
FINAL ESTIMATE
Whereas, the contract for the Curb
Ramps 1997 - Sidewalk Inspection
Route 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
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 $71,424.79 and the said amount
shall be paid from Fiscal Year 1999
Sidewalk and Curb and Catch Basin
Funds of the City of Dubuque, iowa.
Passed, approved and adopted this
18th day of January, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption ef the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending
approval of CEBA Loan for Swiss
Valley, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by BuoL
Motion carded 7-0.
RESOLUTION NO. 19-99
A RESOLUTION AUTHORIZING THE
EXECUTION OF A COMMUNITY
ECONOMIC BETTERMENT
ACCOUNT LOAN AGREEMENT FOR
SIXTY THOUSAND DOLLARS
($60,000) WITH SWISS VALLEY
FARMS.
Reqular Session, January 18~1999
25
Whereas, the Community Economic
Betterment Account (CEBA) program
has been created by the Iowa
Department of Economic Development
to assist in the economic development
efforts of local judsdicaons; and
Whereas, the City of Dubuque, ~owa
was awarded a sixty thousand dollar
($60,000) no-interest loan/forgivable
loan from the CEBA program by the
Iowa DepaCment of Economic
Development; and
Whereas, the City of Dubuque, Iowa
desires to assist Swiss Valley Farms in
its efforts to expand its operations in
Dubuque and create new, permanent
employment opportunities for local
citizens; and
Whereas, a CEBA Loan Agreement,
hereto attached and by this reference
made a part hereof, is to be executed
by and among the Iowa Department of
Economic Development, Swiss Valley
Farms and the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and
Corporation Counsel be and they are
hereby authorized and directed to
endorse, on behalf of the City Council
of the City of Dubuque, Iowa, the
attached CEBA Loan Agreement.
Section 2. That the City Manager be
and he is hereby authorized to disburse
loan funds to Swiss Valley Farms from
the CEBA program in accordance with
the terms and conditions of the
executed Agreement.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carried 7-0.
City Manager recommending
approval of lease agreement with
Seneca Environmental, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by BuoL Motion carded 7-0.
RESOLUTION NO. 20-99
RESOLUTION AUTHORIZING
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND
SENECA ENVIRONMENTAL, INC., TO
INSTALL MONITORING WELLS ON
PUBLIC RIGHT-OF-WAY AT FIRST
AND WATER STREETS
Whereas, Seneca Environmenta),
Inc., on behalf of Iowa Oil company has
requested permission from the City of
Dubuque to install monitoring wells on
City right-of-way at First and Water
Streets in Dubuque, Iowa, for the
purpose of assessing current
groundwater conditions at and
surrounding the properbj; and
Whereas, the License Agreement
Right-of-Entry for Site Assessment has
been prepared outlining the
responsibilities of Seneca
Environmental, Inc. And Iowa Oil
Company in the installation of the
monitoring wells on public right-of-way;
and
Whereas, the performance of the
activities of Seneca Environmental, [nc.
Will be at no cost or expense to the
City, and all work will be performed by
the Licensee, or its employees, agents
or subcontractors; and
Whereas, it is the desire of the City
Council to enter into said License
Agreement for the installation of
monitoring wells in the public right-of-
way as requested.
NOW, THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The License Agreement
for Right-of-Entp/for site Assessment
be and the same is hereby approved.
Section 2. That the Mayer be and is
hereby authorized to execute said
License Agreement for and on behalf of
the City Council.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
ResciutJon. Seconded by BuoL Motion
carried 7-0.
City Manager recommending
acceptance of Tentative Agreement
I between City and Firefighters,
presented and read. Voetberg moved
that the communication be received
and flied. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 21-99
ACCEPTING THE TENTATIVE
AGREEMENT BETWEEN THE CITY
OF DUBUQUE, IOWA, AND THE
DUBUQUE PROFESSIONAL
FIREFIGHTERS ASSOCIATION,
LOCAL #353 AND AUTHORIZING
THE MAYOR TO SIGN THE
AGREEMENT
Whereas, the Sixty-Fifth General
Assembly adopted the Public
Employment Relations Act, Chapter 20,
Code of Iowa; and
26 Regular Session, January 18, 1999
Whereas, the City of Dubuque is a
public employer within the meaning of
Section 3 (1) of the Public Employment
Relations Act; and
Whereas, the Dubuque Professional
Firefighters Association, Local #353 is
an employee organization within the
meaning of Section 3 (4) of the Public
Employment Relations Act; and
Whereas, the Dubuque Professional
Firefighters Associafion, Local #353,
submitted a request to bargain
collectively on behalf of the employees
within its representafion; and
Whereas, bargaining between the
parties has occurred and a tentative
agreement has been reached.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the terms of the
tentative agreement be accepted and
the Mayor authorized and directed to
sign the colleddve bargaining
agreement.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of {he
Resolution. Seconded by Buol. Motion
carried 7-0.
City Manager recommending
approval of the Genera[ Ddvers
Collective Bargaining Agreement,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by BuoL Motion
carded 7-0.
RESOLUTION NO. 22-99
APPROVING THE AGREEMENT
BETWEEN THE CITY .OF DUBUQUE,
IOWA AND THE GENERAL DRIVERS
AND HELPERS UNION, LOCAL
AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General
Assembly adopted the Public
Employment Relations Act, Chapter 20,
Code of Iowa; and
Whereas, the City of Dubuque is a
public employer within the meaning of
Section 3 (1) of the Public Employment
Relations Act; and
Whereas, the General Drivers and
Helpers Union, Local ~,421, is an
employee organization within the
meaning of Section 3 (4) of the Public
Employment Relations Act; and
Whereas, the General Drivers and
Helpers Union, Local ~f-421, submitted
a request to bargain collectively on
behalf of the employees v~hin its
representafion; and
Whereas, bargaining between the
parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the terms of the
Agreement be approved and the Mayor
authorized and directed to sign the
collective bargaining agreement
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager requesting approval to
apply to IDOT and IDNR for funds to
landscape along Northwest Arterial,
presented and read. Voetberg moved
that the communication be received
and flied and request approved.
Seconded by Buol. Motion carried 7-0.
City Manager recommending
acceptance of Operations &
Maintenance Dept Building Project -
Vehicle Exhaust System project,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 23-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Operations and Maintenance Centar's
Vehicle Exhaust System Project has
been completed and the Cb Manager
has examined the work and flied his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE C[TY OF DUBUQUE, IOWA:
Section 1. That the 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 General Fund equal to the amount
of this contract, less any retained
pementage provided for therein.
Passed, approved and adopted this
18th day of January, 1999.
Reqular Session, January 18; 1999
27
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of tha
Resolution. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 24-99
FINAL ESTIMATE
Whereas, the contract for the
Operations and Maintenance Center's
Vehicle Exhaust System Project has
been completed and the Operations
and Maintenance Department Manager
has submitted 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 $31,618.00 and the said amount
shall be paid from the General Fund of
the City of Dubuque, iowa.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
City Manager recommending
approval for Histodc Resource
Development Program Grant
Application, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO. 25-99
RESOLUTION APPROVING THE
SUBMISSION OF AN APPLICATION
FOR HISTORIC RESOURCE
DEVELOPMENT PROGRAM
FUNDING TO CONDUCT AN
HISTORIC PRESERVATION SURVEY.
Whereas, the State Histadcal
Society of lows has announced the
availabil~ of Historic Resource
Development Program (HRDP grant
program) funds; and
Whereas, the evaluation and survey
of properdes are eligible activities for
HRDP funding; and
Whereas, the State Historical
Society has advised that an historic
preservation survey is necessary far
the renewal of a Memorandum of
Agreement between the State and City
for the purposes of conducting local
Section 106 reviews; and
Whereas, the City of Dubuque
Histodc Preservation Commission has
reviewed and endorsed the proposed
histodc survey.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the submission of an
application for Histodc Resource
Development Program funds to
conduct an histodc preservation survey
is hereby approved.
Section 2. That the Community and
Economic Development Director is
hereby authored to sign the contract
with and submit requests for
reimbursements to the State Historical
Society of lows for Histodc Resource
Development Program Funds to
conduct an histodc preservation
survey.
Sedan 3. That the Cb Manager is
authorized to utilize budgeted
Community Development Block Grant
Funds to provide the required local
match should the application be
approved by the State Historical
Society of lows.
Section 4. That the City of Dubuque
agrees to abide by all local, state and
federal requirements applicable to the
proposed projecL
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest. MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
Finley Hospital requesting vacation
and purchase of AJlison Place property,
upon motion referred to the City
Manager, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by BuoL Motion carded7-0.
City Manager recommending
adoption of Supplement #38 to the City
Code, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by BuoL
Motion carded 7-0.
RESOLUTION NO. 26-99
ADOPTING SUPPLEMENT NO. 38 TO
THE CODE OF ORDINANCES OF
THE CiTY OF DUBUQUE, IOWA
Whereas, under date of July 17,
1989, the City Council, pursuant to
Ordinance No. 34-89, readopted the
Code of Ordinances of the Cb of
Dubuque, Iowa for ordinances adopted
up to and including December 19,
Regular Session, January 18, 1999
1988; and
Whereas, since December 19, 1988
the City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been printed as
supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that supple-
merits, by resolution, become part of
the Code of Ordinances.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No. 38
of the Code of Ordinances of the City
of Dubuque, Iowa, covedng Qrdinances
through Ordinance No. 66-98 enacted
through October 19, 1998 and
prepared by the Stading Codifers, Inc.,
Weiser, ID hereto filed in the Office of
the City Clerk of the City ef Dubuque,
iowa be and is hereby adopted and
becomes part of the Code of
Ordinances of the City of Dubuque,
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded byBuoL Motion
carried
RESOLUTION NO. 27-99
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
causeto be issued the following named
applicants a Beer Permit
CLASS "C" BEER PERMIT
TBTB [nc. Cedar Cross Amoco
+(Sunday Sale) 1010 Cedar Cross Rd
George E Wheedle Jr. Iowa Potato
& Produce House+(Sunday Sale)
2600 Dodge St
Passed, approved and adopted this
18th dayofJanuary, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Voetberg moved adoption of the
Resolution. SecondedbyBuol. Motion
carried 7-0.
RESOLUTION NO. 28-99
Whereas, applications for Liquor
Licenses have been submitted to this
Counc~ for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor Ucense.
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Dennis Zirke[bach Zirk's
+(Sunday Sale) 1689 Elm St
Phillip R. Love The Lounge
+(Sunday Sa[e) 481 Locust St
Pusated Entarp Pusatari's
+(Sunday Sale) 2400 Central Ave
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
Buol moved that the rules be
suspended to allow anyone present
address the Council if they so desire.
Seconded by Robbins. Motion carded
7-0.
Proof of Publication certified to by
the Publisher on Notice to consider
disposing of City property to Horizon
Development Group, LLC and
CarteGraph Systems, Inc. for property
in Dubuque Technology Park and City
Clerk submitting report that no
competing proposals were received by
the deadline, presented and read. Buol
moved that the proof and
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 29-99
A RESOLUTION DETERMINING
THAT THE PROPOSAL OF HORIZON
DEVELOPMENT GROUP, L.L.C., AND
CARTEGRAPH SYSTEMS, INC., IS IN
COMPLIANCE WiTH THE TERMS OF
OFFERING FOR DISPOSITION OF
LOT 10 AND LOT 11, BLOCK 2,
DUBUQUE TECHNOLOGY PARK
Whereas, this Council, by Resolution
Regular Session, January 18~ 1999
29
No. 587-98 dated December 15, 1998,
nominated the City Clerk as agent of
the City of Dubuque, Iowa, to receive
and open on January 18, 1999, at
10:00 a.m. proposals in compe~on to
the proposal of Horizon Development
Group, LLC., CarteGraph Systems,
Inc., referred to in said resolution for
the sale of Lot 10 and Lot 11, Block 2
of Dubuque Technology Park for
development on~y in accordance with
the terms and conditions set forth in
said resolution; and
Whereas, the City Clerk has
reported to this Council that no
qualified, competing proposal was
submitted.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe report ofthe City
Clerk that no qualified competing
proposal was submitted by 10:00 a.m.
on January 18, 1999, for the
development of Lot 10 and Lot 11,
Block 2 of Dubuque Technology Park
be received, flied and adopted.
Section 2. That it is hereby
determined that the proposal of
Horizon Development Group, L.L.C.,
and CarteGraph Systems, Inc., for
development of said property is the
only proposal which satisfies the terms
and conditions of the offedng set forth
in Resolution No. 587-98 adopted by
this Council on December 15, 1998.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, C~ Cleri<
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 30 -99
RESOLUTION ACCEPTING THE
PROPOSAL FOR SALE AND
PRIVATE DEVELOPMENT OF LOT 10
and LOT 11 OF BLOCK 2, DUBUQUE
TECHNOLOGY PARK, IN THE CITY
OF DUBUQUE, IOWA, APPROVING
AGREEMENT FOR SAME, AND
AUTHORIZING ACTIONS TO
IMPLEMENT SAID AGREEMENT
Whereas, this Council, by Resolution
No. 587-98 dated December 15, 1998:
1. Adopted terms and conditions for
offering for sale Lot 10 and Lot 11 of
Block 2, Dubuque Technology Park, in
the City of Dubuque, Iowa, for sale and
private development;
2. Determined that the proposal
submitted by Horizon Development
Group, L.L.C., and CarteGreph
Systems, Inc., satisfies the
requirements of said offering;
3. Declared its intent to accept said
proposal and to enter into a
Development Agreement by and
among the City of Dubuque, Horizon
Development Group, L.L.C., and
CarteGraph Systems, Inc., in the event
no other qualified proposals were
timely submitted for development of
said property;, and
4. Invited competing proposals which
met the terms and conditions of said
offering to be submitted to the City
Clerk on or before 10:00 a.m., January
18, 1999; and;
Whereas, the text of said Resolution
was published as the official notice of
this offering and of the intent of the City
of Dubuque, iowa, in the event no other
qualified proposals were timely
submitted, to enter into a Development
Agreement by and among the City of
Dubuque, Horizon Development Group,
L.L.C., and CarteGraph Systems, Inc.;
and
Whereas, by separate Resolution of
this date, this Council has received and
approved as its own the report of the
City Clerk that no other qualified
proposal was received; and
Whereas, it is the determination of
this Council that acceptance of the
propesal and sale to and development
of the disposition parcel by Horizon
Development Group, L,L,C., according
to the terms and conditions set out in
the attached is in the public interest of
the citizens of the City, and is
consistent with the City's Urban
Renewal Plan for the Dubuque
Industrial Center South Economic
Development District
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, iOWA:
Section I. That the attached
Development Agreement by and
among the City of Dubuque, Ho~on
Development Group, L.L.C., and
CarteGraph Systems Inc., is in the
public interest of the citizens of the city
of Dubuque and in furtherance of the
Citys Urban Renewal Project, and is
hereby approved.
Sec'don 2. That the Mayor is hereby
authorized and directed to execute said
Agreement on behalf of the City and
the City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is
authorized to take such actions as are
necessary to comply with the terms of
the Agreement as herein approved.
Passed, approved and adopted this
30 Regular Session, January 18, 1999
18th day of Jan uary, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buo] moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Headng on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids far Construction
of Key Corners Storm Sewer
Extension, presented and read.
Robbins moved that the proof and
notice be received and filed. Seconded
by Nicholson. Mot~on carried 7-0.
RESOLUTION NO. 31-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 16th day of
December, 1998, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, iowa for the Key Corners
Storm Sewer Extension.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
18th day of January, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending to
award contract for bids, presented and
read. Robbins moved that the
communication be received and tiled.
Seconded by Nichoison. Motion
carded 7-0.
RESOLUTION NO. 32-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Key Corners Storm Sewer Extension
pursuant to Resolution No. 606-98 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 11th day of
December, 1998.
Whereas, said sealed proposals
were opened and read on the 7th day
of January, 1999 and it has been
determined that the bid of Portzen
Construction Company, Inc. of
Dubuque, Iowa, in the amount of
$44,185.38 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 Portzen
Construction Company and the
Manager be and is hereby d[rectsd to
execute a contract on behalf of the City
of Dubuque for the complete
~erformance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the Cit'y Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
18th day of January, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of Alta Place Storm Sewer Extension,
)resented and read. Robbins moved
that the communication be received
and flied. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 33-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd day of
December, 1998, plans, specifications,
form of contract and estimated cost
were flied with the City Clerk of
Dubuque, Iowa for the Alta Place Storm
Sewer Extension.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA~
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
Regular Session, January 18, 1999
for said project.
Passed, adopted and approved this
18th day of January, 1999.
Terrence M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending to
award contract for bids, presented and
read. Robbins moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 34-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractom for the
Alta Place Storm Sewer Extension
pursuant to Resolution No. 583-98 and
notice to bidders published in a
newspaper published in the City of
Dubuque, iowa on the 11th day ef
December, 1998.
Whereas, said sealed proposals
were opened and read on the 7th day
of January, 1999 and it has been
determined that the bid of Portzen
Construction Company, Inc. of
Dubuque, Iowa, in the amount of
$44,997.94 was the lowest bid for the
furnishings of all labor and materials
and performing the work as provided
for in the plans and speclflcat~ons.
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 Portzen
Construction Company, Inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccesstul
bidders.
Passed, approved and adopted this
18th day of January, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Proofs of publicafion ced~ed to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construc~on '
-'31
of Chestnut and Dell Street Storm
Sewer Extension, presented and read.
Voetberg moved that the proof and
notice be received and tiled. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 35-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd day of
December, 1998, plans, specifications,
form of conffact and estimated cost
were ~ed with the City Clerk of
Dubuque, Iowa for the Chestnut and
Dell Street Storm Sewer Extension.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the said plans, spec~cations,
form of contract and estimated cost are
hereby approved as the plans,
speclfica~ons, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
18th day of January, 1999.
Terrsnce M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Voetberg moved adop~on of the
Resolution. Seconded by Markham.
Motion carried 7-0.
City Manager recommending to
award contract for bids, presented and
read. Voetberg moved that the
communication be received and flied.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 36-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractom for the
Chestnut and DeII Street Storm Sewer
)ursuant to Resolution No. 586-98 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 11th day of
December, 1998.
Whereas, said sealed proposals
were opened and read on the 7th day
of January, 1999 and it has been
determined that the bid of Chestnut
and Dell Street Storm Sewer of Drew
Cook & Sons ExcavstJng in the amount
of $27,518.35 was the lowest bid for
the furnishings of all labor and
materials and performing the work as
~revided for in the plans and
specifications.
NOW THEREFORE, BE IT
32 Regular Session, January 18, 1999
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Drew
Cook & Sons Excavaflng and the
Manager be and is hereby directed to
execute a contract on beha[f of the City
of Dubuque for the complete
performance of the work~
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
18th day of January, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0,
Council appointments to Operation:
New View for year 2000 (Currently City
Mgr. Mike Van Milligen with Designee -
Tom Moran, Council Members Dan
Nicholson and Joe Robbins). Voetberg
moved to reappoint the same
indMduals. Seconded by Michalsld.
Motion carded 7-0.
Kafle Kdeg, Chairpemon of Dubuque
Initiatives requesting Council appoint
two Council Members to the Board of
Directors. Ms. Kriag spoke requesting
the appointment of two Council
Members. Voetberg moved that Ann
Michaiski be reappointed and John
Markham be appointed to sene on this
Board. Seconded by Buol. Motion
carded 7-0.
Shirley Strub, submitting request by
Beta Sigma Phi Sorority to change
name of Bell Street to "Regina Hayford
Boulevard". Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
Ms. Strub spoke requesting adoption
of the Ordinance to effect this change.
An Ordinance Changing the name of
Bell Street to Regina Hayford
Boulevard, presented and read,
ORDINANCE NO. 4- 99
AN ORDINANCE CHANGING THE
NAME OF BELL STREET TO REGINA
HAYFORD BOULEVARD.
Whereas, Regina Hayford was an
avid promoter of Dubuque and was
known as "The Little Old Lady from
Dubuque;" and
Whereas, the City of Dubuque
shares the community's commitment to
tourism and riverfront development.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City Council hereby
changes the name of Bell Street to
Regina Hayford Boulevard, as
designated on the official plats of
Booth's Addition, flied January 17,
1883, and Dubuque Harbor
Improvement Company's Addition, filed
February 23, 1858.
Section 2. The City Clerk hereby is
directed to file this ordinance with the
Recorder, Auditor and City Assessor of
Dubuque County.
Section 3, This ordinance shall take
effect immediately upon publica'don, as
provided by taw.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
NOT OFFICIAL - NEVER PUBLISHED.
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended. Seconded by
BuoL Motion carried 7-0. Voetberg
moved tinal consideration and passage
of the Ordinance. Seconded by Buol.
Motion carried 7-0.
Tom Mueller subm~ng proposed
amendments to City Housing Code and
requesting adoption bythe Council and
City Manager submitting comments
regarding concerns of Mr. Mue[ter,
}resentad and read. Nicholson moved
that the communications be received
and flied and matter referred to the City
Manager and Staff for review.
Seconded by Markham. Motion carried
7-0.
City Manager recommending public
hearing be held on Feb. 1, 1999 to
consider annexation of City-owned
property located on the West side of
the North Siegett Farm, East of Seippe[
Road and South of Middle Road,
~resented and read. Voetberg moved
that this matter be set for Hearing on 2-
1-99 at 7:00 p.m. in the Public Library
Auditadum and direct the City Clerk to
publish notice in the manner prescribed
by law. Seconded by Buol. Motion
carried 7-0.
Zoning Advisory Commission
Reqular Session, January 18~ 1999
.33
advising of their approval to amend PI
Distdct to allow eignage on any building
facade (Larry Weitz Sign Systems/A. y.
McDonald Mfg. Co.), presented and
read. Buol moved that the
communication be received and tiled.
Seconded by Robbins. Motion carded
7-0.
An Ordinance Amending Zoning
Ordinance by amending the PI Planned
Industrial District by changing SediJon
2(E)(4)(C)(5) on-premise pdmary signs
to allow eignage on any building
facade, presented and read. Bug[
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council Meetings pdor to the meeting
at which it is to be finally passed be
suspended. Seconded by Robblns.
Motion carded 7-0. Bubl moved that a
Public Headng be held on the
proposed Ordinance on the 1st day of
February, 1999 at 7:00 p.m. in the
Publis Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by isw. Seconded by
Rebbins. Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to amend PC
District to allow total sign area not to
exceed 10°.4, of wall area parallel and/or
ctosest to frontage on internal
ddvss.(Larry Weitz Sign Syatems/Plaza
20 - 2600 Dodge Street), presented
and read. Buol moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
An Ordinance Amending Zoning
Ordinance by amending PC Planned
Commercial Distdct to eilow total sign
area not to exceed 10% of wall area
parallel and/or closest to frontage on
intemei ddves, not to exceed a
maximum of 650 square feet for
stores/businssses over 5,000 square
feet in floor area, where 400 square
feet is the current maximum area
allowed, presented and read. Buol
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council Meetings pdor to the meeting
at which it is to be finally passed be
suspended. Seconded by Robblns.
Motion carded 7-0. Bubl moved that a
Public Headng be .held on the
proposed Ordinance on the 1st day of
February, 1999 at 7:00 p.m. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Robbins. Motion carded 7-0.
City Manager submitflng documents
providing for construction of Wsstside
Intake Replacement - 1999 Project,
and read. Michaiski moved
that the communication be received
and tiled. Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 37-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Westside intake
Replacement Project - 1999, in the
estimated amount of $50,283.75, are
hereby approved and ordered flied in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
18th day of January, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Michaiski moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 38-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and pisced same on file in the
office of the City Clerk for public
inspection of the Westside Intake
Replacement Project - 1999.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 15th day of February,
1999, a public headng will be held at
7:00 p.m. in the Public Library
Auditorium at which time interested
be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such headng to be published in a
newspaper having general circulation
in the City of Dubuque, Iowa, which
notice shall be not less than four days
nor more than twenty days pdor to the
day tixed for its consideration. At the
headng, any interested person may
appear and tile objections to the
34 Regular Session, January 18, 1999
proposed plans, specifications,
contract, or estimated cost of the
improvement.
Passed, adopted and approved this
18th day of January, 1999.
Torrance M. Duggan, Mayor
Attest: Maw A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion corded 7-0.
RESOLUTION NO. 39-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Westside Intake
Replacement Project - 1999 is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to adver~se 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 no~dce shall not
be less than four days nor more than
forty-five days pdor to the receipt of
said bids at 2:00 p.m. on the 4th day of
February. Bids shall be opened and
read by the City Clerk at said time and
will be submitted to the Council for final
action at 7:00 p.m. on the 15th day of
February, 1999.
Passed, adopted and approved this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
City Manager requesting public
hearing be set for February 1, 1999 to
consider leasing of space on W. 3rd
Street water tower and adjacent ground
space to Dubuque Cellular Telephone
b C., presented and read. Voetberg
moved that the communication be
received and tiled. Seconded by Buol.
Motion carried 7-0.
RESOLUTION NO. 40-99
A RESOLUTION ADVISING OF THE
CITY'S INTENT TO DISPOSE OF
INTEREST IN THE PROPERTY
DESCRIBED IN A LEASE BETWEEN
THE CITY OF DUBUQUE, IOWA, AND
DUBUQUE CELLULAR TELEPHONE,
L.P. FOR THE INSTALLATION AND
OPERATION OF A WIRELESS
COMMUNICATION FACILITY.
Whereas, the City Council of the City
of Dubuque, Iowa, encourages the
expansion of wireless
telecommunications services to its
citizens, businesses and institutions,
while at the same time minimizing
safety and aesthetic concerns posed
by the construction of new towers and
monopoles in residential areas; and
Whereas, Dubuque Cellular
Telephone, L.P. (d/b/a United States
Cellular Wireless Communications) is
the ho[der of a current Federal
Communications Commission license
to provide certain telecommunications
services for sale in and around the City
of Dubuque; and
Whereas, Dubuque Cellular
Telephone desires to upgrade and
enhance the quality of its services and
the capacity of its technical
infrastructure by installing and
operating a wireless telecommunication
antenna facility on or near a water
tower owned by the City of Dubuque,
identified as site W-2, and located at
1575 West Third Street in Dubuque,
and
Whereas, the City of Dubuque
desires to lease to Dubuque Cellular
Telephone certain space on the water
tower site W-2 catwalk, along with
adjacent ground space, for the purpose
of installation and operation of a
wireless telecommunication facility; and
Whereas, representatives of
Dubuque Cellular Telephone and of the
City of Dubuque have negotiated terms
for such a lease.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'lion 1. That the City of Dubuque,
Iowa, intends to dispose of interest in
the property described in the proposed
lease agreement with Dubuque Cellular
Telephone, L.P. under the conditions
stipulated in the lease agreement.
Section 2. That the City Clerk is
hereby authorized and directed to
cause a notice to be published of the
!proposed lease agreement in the
manner prescribed by law.
Passed, approved and adopted this
18th day of January, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution and further set this matter
for Hearing on 2-1-99 at 7:00 p.m. in
the Public Library Auditorium and that
Re.qular Sass on, January 18~ 1999
35
the City Clerk publish notice in the
manner prescribed by law. Seconded
by Buol. Motion carded 7-0.
Council recessed at 7:57 p.m.;
Council reconvened at 8:00 p.m.
City Manager presented the Fiscal
Year 2000 Budget.
At 8:36 P.M. Voetberg moved to go
into Closed Session In accordance with
Chapter 21.5 1.0) State Code of Iowa,
1997 as amended, To discuss the
purchase of par~cular real estate
where premature disclosure could be
reasonably expected to increase the
price the governmental body would
have to pay for that property.
Seconded by Buol. Motion carried 7-0.
Council reconvened Regular
Session at 9:08 p.m. with statement
that Staff had been given dire~on.
There being no fur[her business,
Robbins moved to adjourn. Seconded
by Nicholson. Motion carried 7-0. The
meeting adjourned at 9:09 P.M.
/s/Mary A. Davis.CMC,
City Clerk
Approved .~~ ,1999
Adopted ~/~,-.-m , 1999
C~ Clerk ~