1999 April Council ProceedingsReqular Session, April 5, 1999
130
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, April
5, 1999
Council Met at 7:00 P.M., Public
Ubrary Auditorium
Present Mayor Duggan, Council
Members Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Milligen,
Corporation Counsel Barry A. Undahl.
Mayor Duggan read the call and
stated this Ls the Regular Session of
the City Council called for the purpose
to act upon such business which may
propedy come before the Council.
Invocation was given by Wayne Holt,
Bishop of the Church of Jesus Christ of
Latter Day Saints.
Proclamafions: Month of April as
"Fair Housing Month' received by Gary
Hur~ of the Board of Realtors and Kelly
Larson, Human Rights Director;, and
the Month of Apdl as 'Sexual Assault
Awareness Month' received by Jennifer
Haggas.
YOUTH iN GOVERNMENT: Mayor
Duggan swore in Andy Babler as City
Youth Mayor, City Youth Mayor Babler
swore in Brian Anderson, Sarah No[I,
Heather Mitchell, Brad Kane, Matt
Moothart and Lisa Lancaster as Youth
City Counc~'l, Russell Bleymeyer as
Youth Corporation Counsel and Stacy
Stre~f as Youth City Clerk.
MINUTES SUBMI'I-rED: Airport
Commission of 1-25; Carnegie-Stout
Public Library of 1-27 and 2-11;
Enterprise Zone Commission of 2-19;
Environmental Stewardship Advisory
Commission of 3-2; Historic
Preservation Commission of 7-30, 8-
13, 8-27, 9-10, 9-24, 10-8, 10-22, 11-
30, 12-10, 1-14, 1-28 and 2-25; Joint
Housing Commission and Housing
Code Appeals Board of 3-9; Human
Rights Commission of 2-8; Long Range
Planning Advisory Commission of 3-17;
Transit Trustee Board of 3-11,
presented and read. Voetberg moved
that the minutes be received and filed.
Seconded by Robbins. Motion carded
TCI submitting their annual report as
of December 31, 1998 (On file in City
Clerk's Ofl~ce), presented and read.
Voetherg moved that the report be
received and filed. Seconded by
Robbins. Motion carried 7~0.
Proofs of Publication on Nofice of
publishing Council proceedngs for
meetings of 2-22 3-1 & 3-2; Comb ned
Public Nofice of Finding of S gnificant
mpact and Notice of Intent to request
release of funds for Eagle Window &
Door project, presented and read.
Voetberg moved that the proofs be
received and filed. Seconded by
Robbins. Motion carried 7-0.
Pdnted Council proceedings for
months of January & February, 1999,
presented for approval. Voetberg
moved that the proceedings be
approved as pdnted. Seconded by
Robbins. Motion carded 7-0.
NOTICES OF CLAIMS AND SUITS:
Gary Augusfin in amount of $3036.50
for properb7 damages; Todd Burgess in
unknown total amount for vehicle
damages; Teresa Db( in amount of
$106.64 for towing and storage
charges; Robert Feller in approx, est
of $450.00 for vehicle damages; Robert
Frank in amount of $470.79 for vehicle
damages; Mary Ann Gassman in
unknown amount for medical costs for
)ersonal injuries; Robert M. Green in
amount of $342.13 for vehicle
damages; Tarry Hauser in unknown
amount for clothing damages; Chris
McDonough (by State Farm Ins.) in
amount of $1550.83 for vehicle
damages; Howard Riedel in amount of
$21.20 for vehicle damages; Thomas
Scherf in unknown amount for property
damages; Wilson Bros. Leasing in
esfimated amount of $919.39 for
vehicle damages to rental car,
)resented and read. Voetberg moved
that the claims and suits be referred to
Legal Staff for invesfigafion and report.
Seconded by Robbins. Mofion carried
7-0.
Corporation Counsel advising
following claims have been referred to
Public Enf~y Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Vehicle damage of
Bonnie Charboneau; Personal injury of
Rita J. Reiser' Personal injury of Patty
L Schmitz, presented and read.
Voetberg moved that the
131
Regular Session, April 5, 1999
communications be received and filed.
Seconded by Robbins. Motion carded
Corporation Counsel recommending
denial of tire damages claim of Judy
Healy, presented and read. Voetberg
moved that the communication be
received and filed and approved
recommendation of denial. Seconded
by Robbins. Motion carded 7-0.
City Solicitor recommending
settlement of Tom Fransen Worker's
Compensation Claim, presented and
read. Voetberg moved that the
communication be received and tiled
and recommendation of settJement
approved. Seconded by Robbins.
Motion carded 7-0.
REFUNDS REQUESTED Liquor
Depot $75.00 on unexpired Class "C"
Beer Permit, presented and read.
Voetberg moved that the refund be
approved and Finance Director to issue
proper check. Seconded by Robbins.
Motion carded 7-0.
Kevin Eippede, AIA submitting his
resignation from the Histodc
Preservation Commission; Paul Tabor
submitting his resignation from the
Environmental Stewardship Advisory
Commission; Bdan Southwood
subm~ng his resignation from the
Board of Trustees of the Carnegie-
Stout Public Library, presented and
read. Vostberg moved to accept the
resignations with regret. Seconded by
Robbins. Motion carded 7-0.
ContiCardere & Terminals, Inc.
requesting Council/City consent to
assignment of their leases dated March
29; 1978 and August 21, 1978, to
Cargill, Incorporated, and City Manager
recommending approval of
assignments, presented and read.
Vostberg moved that the
communications be received and tiled.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 140-99
RESOLUTION GRANTING
ASSIGNMENT OF CONTICARRIERS
AND TERMINALS, INC. LEASES
WiTH CITY OF DUBUQUE TO
CARGILL, INCORPORATED
Whereas, ContiCarders and
Terminals, Inc. is currently esiling its
assets and properties to Cargill,
incorporated; and
Whereas, ContiCarders also has
requested to assign its lease dated July
25, 1952, and as amended from time to
time, and March 29, 1978 with the City
of Dubuque to Cargill, Incorporated;
and
Whereas, the existing leases
stipulate that the Lessee has the dght
to assign its leases to any person or
concern, with pdor written approval of
the Lessor in that the Lessors interest
shall be fully protected and which
approval of the Lessor. shall not be
unressonab[y withheld; and
Whereas, the assignment of the
leases from ContiCarders to Cargill
meets with the approval of the City
Council.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That approval be granted
to ContiCarders and Terminals, Inc. to
assign ~ leases with the City to
Cargill, in accordance with
ContiCarders and Terminals, Inc.
leases dated July 25, 1952, and as
amended from time to time, and March
29, 1978.
Section 2. That the assignment to
Cargill is bound by all stated terms and
conditions of the e)dsting leases
between the City of Dubuque and
ConfiCarders and Terminals, Inc.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of License Agreement with
Illinois Central Railroad, presented and
read. Voetberg moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 141-99
RESOLUTION APPROVING LICENSE
AGREEMENT WITH ILLINOIS
CENTRAL RAILROAD RELATING TO
THE CONSTRUCTION OF A 16"
WATER MAIN CROSSING THE
RAILROAD TRACKS NEAR THE
COUNTY CARE FACILITY ON
SEIPPEL ROAD
Whereas, the City of Dubuque is
developing plans for the construction of
a 16" water main which crosses
property owned by the Illinois Central
Railroad; and
Whereas, the Illinois Central
Regu ar Session~ April 5~ 1999
132
Railroad has prepared a License
Agreement stipulating the terms and
conditions of its approval for the
construction of a 16" water main thru
railroad property and in the
consideration of the sum of six
thousand eight hundred and twenty five
doliam ($6,825.00); and
Whereas, the City Council approves
the terms and condi~ons of said
License Agreement.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'don 1. That the License
Agreement with the Illinois Central
Railroad attached hereto and relating
to the construction of a 16" water main
on Seippel Road be approved in
consideration for the sum of six
thousand eight hundred and twenty five
dol[ara ($6,825.00).
Section 2. That the City Manager is
authorized and directed to execute two
copies of the License Agreement with
the ~llinois Central Railroad.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetherg moved adoption of the
Resolution. Seconded by Robbins.
MoUon carded 7-0.
IDED advising of their intent to
award Dubuque a grant in an amount
not to exceed $220,000 from the
HOME Investment Partnership
Program, presented and read.
Voetberg moved that the
communica~on be received and tiled.
Seconded by Robbies. Motion carried
7-0.
Grendview Avenue United Methodist
Church requesting voluntary
annexation of 20 acres to the City
which lies adjacent to the Dubuque
Soccer complex on the ci~s northwest
side, presented and read. Voetberg
moved that this matter be referred to
the City Manager. Seconded by
Robbins. Motion carded 7-0.
Mike Finnin Ford requesting vacation
of podJon of Clearview Ddve to develop
the adjoining lots, presented and read.
Voetberg moved that this matter be
referred to the City Manager.
Seconded by Robbins. Motion carded
7-0.
March 23, 1999
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, as amended,
an entry level examination was held for
the position of Computer Programmer
for the Information Services DMsion.
We hereby certify that the following
indMduals have passed this written
examination and the vacancy for this
position should be made from this list.
We further state that this list is good for
two (2) years from above date.
COMPUTER PROGRAMMER
John T. Veysey Jeanne M. Romaine
Korey L. Edckson Thomas P. Coyle
Respecffully submitted,
Is/Merle J. Duehr, Jr., Chairperson
Is/Lores K]uesner
/S/Thomes E. Rawson
CMl Service Commission
October 12, 1998
(Amended 3-23-99)
Honorable Mayor and Members of
the City Ccunc~
In accordance with Chapter 400 of
the 1997 Code of iowa, the Civil
Service Commission conducted a
written examination on September 30,
1998 for the position of EQUIPMENT
OPERATOR JL This list is good for two
(2) years from date of odginal
certification.
tn accordance with Chapter 400.9(4)
of the 1997 State Code of lo,va, Troy J.
Kapparos is requesting that the Civil
Service Commission add his name to
this first list of certifica~on.
We hereby certify that the amended
list of individuals are qualified for the
~os~on of Equipment Operator II.
EQUIPMENT OPERATOR II
John Huekels Scott Pape
Dale Gross Vincent Conner
Tim Latther Brian Kohn
Raymond Behnke Thomas Kramer
Terry J. Leibold Paul Herman
John Leytem Jeff Steuer
Randall Ludowitz Luke Duve
Troy J. Kapparos John P. Gil]en
Respecffully subm~ed,
Is/Mede J. Duehr, Jr., Chairperson
/s/Lores Kluesner
/s/Thomas E. Rawson
CMl Service Commission
Voetberg moved that the above two
Civil Service ce~fications be made a
matter of record. Seconded by
Robbins. Motion carded 7-0.
CH Manager recommending
acceptance of Five Flags Center
Arena Partition Wall
mprovement Project, presented and
133 Regular Session, April 5, 1999
read. Voetberg moved that the
communication be received and flied.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 142-99
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
PARTITION WALL IMPROVEMENT
PROJECT AT THE FIVE FLAGS
CENTER has been completed and the
City Manager has examined the work
and filed his cer'dficate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends ~
acceptance.
NOW, THEREFORE, BE IT
RESOLVED, by the City Council of the
City of Dubuque, iowa, 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 in amount equal to
the amount of his contract, lees any
retained pementage provided for
therein.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 143-99
FINAL ESTIMATE
WHEREAS, the contract for the
PARTITION WALL IMPROVEMENT
PROJECT AT THE FIVE FLAGS
CENTER has been completed and the
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 $91,750 and the said amount shall
be paid from the General Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
DRA requesting approval of 2nd
amendment to the 1999 DRA CIP
Schedule to allow for the purchase of
office furniture at a cost not to exceed
$20,000, with the source being DRA
Rese~e Funds, and City Manager
recommending approval of request for
amendment, presented and read.
Voetberg moved that the
communication be received and filed
and approved recommendation.
Seconded by Robbins. Motion carded
7-0.
City Manager recommending
approval of Grant for Reconstruction of
Schmitt Harbor Boat Ramp and
authorize Mayor to execute, presented
and read. Voetherg moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 144-99
RESOLUTION AUTHORIZING A
COOPERATIVE AGREEMENT FOR
MARINE FUEL TAX FUNDS FOR
RECONSTRUCTION OF THE
SCHMITT HARBOR BOAT RAMP.
Whereas, the Iowa Department of
Natural Resources has awarded the
City of Dubuque a 75% cost-share
grant of $73,306 in Marine Fuel Tax
Funds for reconst,"uction of the Schmitt
Harbor Boat Ramp; and
Whereas, the City of Dubuque has
budgeted the 25% local match of
$24,436 for this project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'don 1. Thatthe Mayor herebyis
authorized to sign a cooperative
agreement with the Iowa Department of
Natural Resources for Marine Fuel Tax
Funds for reconstruction of the Schmitt
Harbor Boat Ramp.
Section 2. That the City Manager
hereby is authorized to utilize budgeted
Ca~af Improvement Program Funds to
)rovide the local match for this project
Passed, approved and adopted this
5th day of Apn'l, 1999.
Terrance M. Duggan, Mayor
Attest Mary A~ Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
C~ Manager recommending
approval of schedule of final
aeseesments for Radford Road
Reconstruction from Pennsylvania to
Asbury Road project, presented and
read. Voetberg moved that the
Re.qularSess on:,Apri15,.1999~ :. ; : 134
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 145-99
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR RADFORD ROAD RECON-
STRUCTION PROJECT INCLUDING
CERTAIN INFORMATION REQUIRED
BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST ON ALL
UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE
PAYABLE AND DIRECTING THE
CLERK TO CERTIFY THE FINAL
SCHEDULE AND TO PUBLISH
NOTICE THEREOF.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of the
tinal schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construction of the Radford Road
Reconstruction Project consisting of
reconstrudaon of Radford Road from
Pennsylvania to City Limit under
contract with Horsfiald Construction,
Inc. of Epworth, which final plat and
schedale were filed in the office of the
City Clerk on the 15th day of February,
1999, and an amended schedule tiled
on the 31st day of March, 1999, the
said schedule of assessments be and
the same is hereby approved and
adopted.
That there be, and is hereby
assessed and levied as a special tax
against and upon each of the lots, the
respective sums indicated. Provided,
fur[her, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the
.respective proper~es benefitted by the
Improvements as shown in the
schedule, subject to the provisions of
Section 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in propodion to
the special benefits conferred and not
in excess of twenty-five percent of the
value of same.
That the City Clerk be and is hereby
directed to ceCdfy said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
certification once each week for two
consecutive weeks in the manner
provided in Section 362.3, the first
publication of which shall be not more
than tifteen days from the date of filing
of the tinal schedule. On or before the
date of the second publication of the
notice, the City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment, as provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may be paid in
full or in part without interest at the
office of the County Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the tinal schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at 9 percent
on the date of
acceptance of the work) computed to
the December 1 next fo]lowing the due
dates of the respective installments as
of the Code
of Iowa. Each installment will be
delinquent from October 1 fallowing its
due date on July 1 of each year.
Property owners may elect to pay any
annual installments semiannually in
advance.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrsnce M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
SCHEDULE OF FINAL
ASSESSMENTS
RADFORD ROAD
The following schedule is hereby
determined to show each bt proposed
to be assessed for the improvement
shown in the title together with the
amount proposed to be assessed
against each lot.
P = Paving Assess. D = Deficiency.
WS = Water Se~ce. S = Sewer.
OWNER ~
DEFICIENCYASSESS. NET PAVING
SERWCF'
TOTAl NFT ASSF:SS
McFADDEN LILUAN
N.E. 1/4-N.W. 1/4 SEC.29
T. 89N,R.2E. $5,530.07S $5,530.07
NORTHRANGE INDUSTRIAL PARK
BLOCK2
CHRISTENSEN, JAMES A. &
SHIRLEY LOT1-2-1-1 $5,971.44P
$2,107.64WS $7,071.12S
$15,150.20
MARKUS, LAVERNE L & VIOLET M.
LOT 2-2-1 $2,469.95P $1,010.65WS
$5,530.07S $9,010.67
ENVIRONMENTAL RECYCLING
135 Regular Session, April 5, 1999
CORP. LOT 1-2-1 $5,794.37P
$5,794.37
KALB, JAMES GERALD
LOT 2-2-1-1 $156.05P $156.05
WOLFF PLACE IN NORTHRANGE
INDUSTRIAL PARK BLOCK 2
B & W TRUCKING CO.
LOT 1 $5,638.31P $5,638.31
McNAMER, MARTIN J.
LOT2 $335.14P $335.14
BLOCK 1
B & W TRUCKING CO.
LOT1 $5,138.85P $5,138.85
CARR, CHARLES F. & EILEEN B.
LOT 2 $305.40P $305.40
WOLFF PLACE NO. 2
SPAHN & ROSE LUMBER CO.
LOT I $1,610.22D
$7,858.43P $1,978.24WS
$10,259.31S $20,095.98
SIEGERT, JOSEPH F. & RUTH M.
M.L.401-LOT 2 & N.E.1/4-
S.W.l/4-SEC.20-T.89N.-R.2E.
$22,577.20P $1,087.90WS
$11,060.14S $34,725.24
SUNNYSLOPE ESTATES BLOCK 18
MOORE DEVELOPMENT L.T.D.
LOT3 $1,545.11P $1,545.11
MOORE DEVELOPMENT L.T.D.
LOT2 $1,163.91P $1,163.91
MOORE DEVELOPMENT L.T.D.
LOT 1 $999.78P $999.78
BLOCK 12
MOORE DEVELOPMENT L.T.D.
LOT 5 $970.14P $970.14
MORAN, DOUGLAS M. & PATRICIA A.
LOT4 $986.32P $986.32
McGOVERN, TERRENCE J. &
ELIZABETH M. LOT 1-2-3
$531.22P $531.22
McGOVERN, TERRENCE J. &
ELIZABETH M. LOT 2-2-3
$996.29P $996.29
McGOVERN, TERRENCE J. &
ELIZABETH M. LOT 1-3
$469.99P $469.99
POPESCU-GATLAN, ALICE M. &
GATLAN, MIRCEA DAN
LOT2 $1,147.73 $1,147.73
WHITE, RONALD R.
LOT 1 $937.01P $937.01
BLOCK 9
MOORE, NANCY JO
LOT 1 $674.38P $674.38
MOORE, NANCY JO
LOT2 $953.57P $953.57
LEIK, RONALD L.
LOT3 $1,219.31P $1,219.31
BLOCK 11
RADFORD ROAD DEVELOPMENT
INC. LOT B $27,460.70P
$27,460.70
SOCIETY OF ST. VINCENT DePAUL
DISTRICT COUNCIL
LOT 1 $6,860.59P $6,860.59
MANGRICH, LYN C. & KATHERINE J.
LOT 2 $243.92P $243.92
CITY OF DUBUQUE
LOT1 -S.W.I/4-N.E. 1/4-SEC.20-
T.89N-R.2E. $468.83P $468.83
NORTHRANGE INDUSTRIAL PARK
BLOCK 1
C.W.C. REAL ESTATE CORP.
LOT 2 $4,725.68P $2,474.26WS
$7,004.76S $14,204.70
HANSEN COMMUNICATION INC.
LOT 2-1 $2,844.08P
$3,686.71S $6,530.79
SMITH, STEVEN J. LOT 2-1-1-1-1
$6,501.76P $6,501.76
JA-MAR PATTERN INC.
LOT 2-1-1-1-1-1-1 $8,390.96P
$1,248.98WS $9,639.94
SHARKEY, CHARLES C. JR. &
CAROL L. LOT 2-1-1-1
$5,598.29P $481.00WS $6,079.29
NORTHRANGE SUBDIVISION NO. 1
HANSEN COMMUNICATION INC.
LOT 4 $2,975.77P $2,474.26WS
$3,686.71S $9,136.74
JA-MAR PA'Ci-ERN INC.
LOT 3 W/2-1-1-1-1-1-1
MULGREW OIL CO.
LOT 2-1 $4,446.89P $4,446.89
TOTALS: DEFICIENCY
ASSESSMENTS: $ 1,610.22
NET PAVING ASSESSMENTS:
$139,357.37
WATER SERVICE ASSESSMENTS:
$ 12,862.93
SEWER ASSESSMENTS:
$ 53,828.89
TOTAL NET ASSESSMENTS:
$206,049.19
Voetberg moved adoption of the
ResoluSon. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending
approval of schedule of final
assessments for 1998 PC Concrete
Paving Project (Creston St., Glenwood
Ct. and Marquette Place), presented
and read. Voetberg moved that the
communica~on be received and tiled.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 146-99
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1998 PC CONCRETE PAVING
PROJECT INCLUDING CERTAIN
INFORMATION REQUIRED BY THE
CODE OF IOWA, SPECIFICALLY,
THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED~ THE
INTEREST ON ALL UNPAID
Reqular Session, April ,5, 1999 13~
INSTALLMENTS, THE TiME WHEN
THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE
AND TO PUBLISH NOT[CE
THEREOF.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That after full consideration of the
final schedule of assessments and
accompanying plat showing the
assessments proposed to be made for
the construction of the 1998 PC
Concrete Paving Project under contract
~ Northwsstem Development of East
Dubuque, Illinois, which final plat and
schedule were filed in the office of the
City Clerk on the 1st day of Februa~,,
1999, the said schedule of
assessments be and the same is
hereby approved and adopted.
That there be, and is hereby
assessed and levied as a special tax
against and upon each of the lots, the
respective sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied condi~onalJy against the
respective proper'des benefitted by the
improvements as shown in the
schedule, subject to the provisions of
Secfion 384.63 of the Code of Iowa.
Said assessments against said lots are
hereby declared to be in preportion to
the special benefits conferred and not
in excess of twenty-five percent of the
value of same.
That the City Clerk be and is hereby
directed to ce~fy said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish nofice of said
cer~cation once each week for two
consecutive weeks in the manner
provided in Section 362.3, the first
publication of which shall be not more
than fifteen days from the date of filing
of the final schedule. On or before the
date of the second publication of the
notice, the City Clerk shall also mail a
copy of said notice to property owners
whose property is subject to
assessment, as provided and directed
in Section 384.60 of the Code of Iowa.
That assessments may be paid in
full or in part without interest at the
office of the County Treasurer, at any
time within 30 days after the date of the
first publication of this notice of the
filing of the final schedule of
assessments with the County
Treasurer. After 30 days unpaid
assessments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at 9 percent
(commencing on the date of
acceptance of the work) computed to
the December 1 next following the due
dates of the respective installments as
provided in Section 384.65 of the Code
of Iowa. Each installment will be
delinquent from October 1 following its
due date on July 1 of each year.
Property owners may elect to pay any
annual installments semiannually in
advance·
Passed, approved and adopted this
5m day of April, 1999.
Terrence M. Duggan, Mayor
Attest: Ma~' A~ Davis, City Clerk
SCHEDULE OF
FINAL ASSESSMENTS
CRESTON STREET &
GLENWOOD COURT
The following schedule is hereby
determined to show each lot proposed
to be assessed for the improvement
shown in the We together with the
amount proposed to be assessed
against each lot.
P = Paving Assess. D = Deficiency.
WS = Water Service. S = Sewer.
T_O_,TA_L..N_ .E.T_ A__SS ESSM ENT
METTEL-BYRNE BLOCK 3
KRITZ, PAUL A. & KAREN L.
LOT 1 $1,378.38
METTEL-BYRNE BLOCK
4BURCHETT, DONALD G. & CLARA
M. LOT 5 $1,461.64
McGRATH, DANIEL J. & CHRISTINE
LOT 4 $1,398.15
SCHMI'C[', JEANETTE M.
LOT 3 $1,461.64
BLASER, PAUL J. & JEAN A.
LOT 2 $1,461.64
GREENWALD, LOUIS A. & LINDA E.
LOT 1 $1,461.64
METTEL-BYRNE BLOCK 17
RUSCH, JEFFREY D. & MICHELLE M.
LOT 3 $1,461.64
METZ, THOMAS C. & MARY K.
LOT 4 $1,508.56
SO0, JONATHAN G. & MARY
COLLEEN LOT 5 $1,461.64
ARENSDORF, ROGER L. & D~.NE M.
LOT 6 $1,461.64
MOOTZ, PAUL J. & JUDY M.
LOT 7 $1,461.64
RUHLAND, CARL J.
LOT 8 $1,529.83
WILLIAMS, VINCENT W. & PATR1CIA
A. LOT9 $1,532.68
PREGLER, RAYMOND O. & MARIE L.
LOT 10 $1,916.52
PREGLER, RAYMOND O. & MARIE L.
LOT 2-2 W/10
FERRIS, MICHAEL R. & ANN E.
LOT 11 $1,545.42
137
Regular Session, April 5, 1999
GO'FI'SCHALK, LYNN M.
LOT 12 $1,518.61
BELL, LAWRENCE S. & LAURIE L
LOT 13 $1,516.77
WAGNER, AGNES CECILIA
LOT 14 $1,493.14
CRAM, CRAIG R. & JOAN L
LOT 15 $1,512.07
GABRIELSON, PAUL G. TRUSTEE
LOT 16 $1,494.82
FULLBRIGHT, RACHEL H.
LOT 17 $1,462.48
BAGBY, DONALD J. & DIANA b
LOT 18 $1,426.29
CITY OF DUBUQUE
LOT 1-2 $2,374.59
METTEL-BYRNE BLOCK 5
VANOSTRAND, SCOTA. & KAREN M.
LOT 1 $2,440.77
FOX, MICHAEL F. & PEGGY A.
LOT 2 $1,564.68
PETERSON, RiCK L & LORI A.
LOT 3 $1,542.07
BORLEY, JOHN R.
LOT 4 $1,542.74
MEYER, ROBERT M. & CAROL A.
LOT 5 $1,543.24
BECK-ER, JAMES A. & MARGARET A.
LOT 6 $1,543.57
HERRALD, RALEIGH D. JR. & MARY
E. LOT7 $1,543.91
BEECHER, CRAIG A. & BONNIE K.
LOT 8 $1,488.28
GIUNTA, FRANK J. & KIRBY, RACHEL
M. LOT 9 $1,683.30
FENCHEL, ROBERT B. & CATHERINE
M. LOT 10 $1,198.27
O'MALLEY, WILLIAM F. & ELIZABETH
J. LOT 11 $1,086.52
KONICHEK, DANIEL M. & JUNE R.
LOT 12 $1,572.73
HEIGH, HOWARD J. & DAVISON,
SUSAN b LOT 13 $1,460.30
SHETH, VINOD R. & KATHLEEN L
LOT 14 $1,571.55
YEAGER, JAMES N. & CYNTHIA b
LOT 15 $1,549.10
HAMMERAND, HOWARD W. JR. &
SANDRAA. LOT 16 $1,549.10
BALL, MICHAEL S. & BETH ANN
LOT 17 $1,549.10
CATRON, JAMES L & LILLIAN
LOT 18 $1,572.22
McKIBBEN, BRENDA
LOT 19 $2,352.47
HERMSEN, JERRY N. & KRIS b
LOT 20 $1,410.21
KOLSRUD, JAMES A. & SUSAN E.
LOT 21 $1,379.21
METTEL-BYRNE BLOCK 2
FIRZLAFF, THOMAS E. & JUDY A.
LOT 9 $1,426.80
BYRNE'S SUBDIVISION
CITY OF DUBUQUE
LOT 1-2-1 $3,082.12
TOTAL: $72,953.69
SCHEDULE OF FINAL
ASSESSMENTS
MARQUETTE PLACE
The following schedule is hereby
determined to show each lot proposed
to be assessed for the improvement
shown in the title together with the
amount proposed to be assessed
against each lot.
P = Paving Assess. D = Deficiency.
WS = Water Senzice. S = Sewer.
DEFICIENCY ASSESS. NET PAVING
ASSESS TOTAL NET ASSESSMENT
BELLEVUE ADDITION
KENYON, WILLIAM T.
LOT 2-28 $580.22P $580.22
KENYON, WILLIAM T.
LOT 1-1-28 $388.74P $388.74
KENYON, WILLIAM T.
LOT 2-1-28 $360.I8P $360.18
HEFEL PLACE
HEFEL, CHRISTOPHER M.
LOT 1 $1,929.67P $1,929.67
AUDUBON ADDITION
KENYON, WILLIAM T.
LOT 1-19 W/2-1-28 W/2-1-28
KENYON, WILLIAM T.
LOT 2-19 $441.47P $441.47
SMITH, RONALD A. & GLADYS M.
LOT 15 $649.06P $649.06
SEARLES, LESLIE J.
LOT 14 $663.43P $663.43
DUVE, DEBRA A.
LOT 13 $677.09P $677.09
KIELER, STEVEN J. & STORMY b
LOT 12 $690.06P $690.06
KIELER, IRVIN b & MARION b
LOT 11 $702.85P $702.85
BLEILE, RAPHAEL & ANNA MAE
LOT 10 $702.67P $702.67
BIVER, ELDON A. & MARY V.
LOT 9 $694.79P $694.79
LONEY, KEVIN C. & DIANA M.
LOT 8 $686.73P $686.73
CALLAHAN, THOMAS E. & BARBARA
A. LOT 7 $680.25P $680.25
LINK, JAMES A.
LOT6 $672.01P $672.01
GINTER, ANN E.
LOT 5 $661.68P $661.68
POST, RONALD W. & MARY A.
LOT4 $1,249.60P $1,249.60
POST, RONALD W. 8, MARY A.
LOT 2-2-3 WI4 WI4
ZURCHER SUB.
KRUSE, EDWARD M. & KATHLEEN C.
LOT 2 $752.07P $752.07
ZURCHER, JOHN E. & NANCY
LOT 1 $1,988.71P $1,988.71
GLENDALE ADDITION #3
ZURCHER, JOHN E. & NANCY
LOT 2-309 $2,045.67D
$861.89P $861.89
Re.qular Session~ Apd 5 1999 138
ZURCHER, JOHN E. & NANCY
LOT 308 W/2-309 W/2-309
AUDUBON ADDITION
CONLEY, LARRY p. & CHERYL A:
LOT 24 $720.02D
$350.01P $350.01
CONLEY, LARRY P. & CHERYL A:
LOT 23 $749.58D
$366.53P $366.53
CONLEY, LARRY p. & CHERYL A.
LOT 22 $774.54D
$381.51P $381.51
CITY OF DUBUQUE LOTS REMOVED
FROM ASSESSMENT $11,562.26P
$11,582.26
BELLEVUE ADDITION
DIXON, JAMES R. & PAULA JEAN
LOT 29 $1,347.00D
$699.00P $699.00
DIXON, JAMES R. & PAULA JEAN
LOT 30 $814.90P $614.90
TOTALS: $5,636.81D
$30,007.38P $30,007.38
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending the
selecfion of WHKS and Company as
the design firm for the Dubuque
Industrial Center West landscaping
project, presented and read. Voetberg
moved that the communication be
received and filed and recommendafion
approved. Seconded by Robbins.
Motion carded 7-0.
Dubuque Bank & Trust requesfing
that a portion of Grendview Ave. be
vacated, presented and read.
Voetberg moved that the
communication be referred to the City
Manager. Seconded by Robbins,
Motion carded 7-0.
Petion of David Reardon containing
40 signatures requesting 4-way stop
signs at the intersecfion of Alpha Street
and Van Buren Ave., presented and
read. Voetberg moved that the petition
be referred to the City Manager·
Seconded by Robbins. Motion carded
City Manager recommending
approval of plat of survey of South
Siegert Farm, presented and read.
Voetberg moved that the
communication be received and filed.
Seconded by Robbins, Motion carded
RESOLUTION NO. 147-99
RESOLUTION APPROVING PLAT OF
SURVEY OF SOUTH SlEGERT FARM
, Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a peat dated March 16,
1999, prepared by KJrkham Michael,
consul~ng engineers, describing the
retracement of the extedor boundary of
Lot 1 of the SW1/4 of the SE1/4; the
NWl/4 of the SEl/4; and the SW1/4 all
in Section 31, T89N, R2E, 5th P.M.,
Dubuque County, Iowa;
Whereas, said plat conforms to the
laws and statutes peWaining thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec~on 1. Thatthe plat dated March
16, 1999, prepared by Kirkham
Michael, consulting engineers, relative
to the real estate hereinabove
described be and the same is hereby
approved, and the Mayor and City
Clerk be and they are hereb
authored and directed to execute sai~
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
resolufion in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
5th day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval to install monitedng wells
within the public right-of-way at 1081
University for SheU Oil Company as
requested by Apex Environmental, Inc..
)resented and read. Voetberg moved
that the communication be reca~ved
and filed. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 148-99
RESOLUTION AUTHORIZING
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND APEX
ENVIRONMENTAL, INC. TO INSTALL
MONITORING WELLS ON PUBLIC
RIGHT-OF-WAY AT 1081
UNIVERSITY
Whereas, Apex Environmental, Inc.,
on behalf of Shell Oil Company has
requested permission from the C~y of
Dubuque to install monitedng wells on
City right-of-way at 1081 Univemity in
Dubuque, Iowa, for the purpose of
assessing current groundwater
conditions at and surrounding the
property; and
Whereas, the License Agreement
139 Regular Session, April 5, 1999
Right-of-Entp/for Site Assessment has
been prepared outlining the
responsibilities of Apex Environmental,
Inc. and Shell Oil Company in the
installation of the monitoring wells on
public fight-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 ,Mil 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 C[T'¢ OF DUBUQUE, IOWA:
Section 1. The License Agreement
for Right-of-Entry for Site Assessment
be and the same is hereby approved.
Section 2. That the Mayor be and is
hereby authorized to execute said
License Agreement for and on behaif of
the City Council
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Ma~y A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of a third amendment to the
Development Agreement between the
City and Horizon/CartsGreph Systems,
Inc. to defer closing date to Apdl 30,
1999, presented and read. Voetberg
moved that the communication be
received and filed and recommendation
approved. Seconded by Robbins;
Motion carded 7-0.
An Ordinance Deleting subsection
(e) and adding new Subsections (e), (f)
and (g) to Section 32-263 relating to
angle parking and adding podions of
Fourth Street and Fifth Street to new
subsection (0, first reading only given
3-15-99, now presented for further
action. Voetberg moved that this be
the second reading of the Ordinance.
Seconded by Robbins. Motion carded
7-0.
An Ordinance Repealing Section 32-
271 relating to backing for the
purposes of parking in the business
distdct and adopting in lieu thereof a
new Section 32-271, first reading only
given 3-15-99, now presented for
further action. Voetberg moved that
this be the second reading of the
Ordinance. Seconded by Robbins.
Motion carded 7-0.
Dubuque Diamond Jo Casino
requesting to conduct a fireworks
display on Monday, May 31 at approx.
9:30 P.M. with rein date scheduled for
June 1, presented and read. Voetberg
moved that this matter be referred to
the City Manager for implementation.
Seconded by Robbins. Motion carried
7-0.
City Manager recommending to hire
HDR under a City contract to study
possible improvements in the Ice
Harbor Area with HDR Engineering,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 149-99
RESOLUTION APPROVING FUNDING
FOR A TRAFFIC ENGINEERING
STUDY TO IMPROVE ACCESS FROM
U.S. 61 INTO ICE HARBOR
Whereas, the Dubuque Metropolitan
Area Transportation Study (DMATS)
has authorized a traffic engineering
study to look at alternatives to
improving access from U.S. 61 into the
Ice Harbor in anticipation of the area's
redevelopment; and
Whereas, the engineering firm of
HDR from Omaha, Nebraska was the
design firm for U.S. 61 and the Third
Street overpass, and has subm~ted a
)roposel to DMATS to study possible
access improvements to the Ice Harbor
in the amount of $12,365.00; and
Whereas, DMATS has committed
$9,892.00 of ISTEA funds toward the
study;, and
Whereas, the City Counci~ of the City
of Dubuque is desirous of funding the
20 percent local match, in the amount
of $2,473.00.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council
approves of an engineering contract to
study possible access improvements to
the Ice Harbor area in anticipation of
the area's redevelopment and
additional traffic demand.
Section 2. That the City Council
hereby agrees to pay the 20 percent
3cai match for the study, in the amount
of $2,473.00.
Section 3~ That the City Council
direct the City Manager to enter into a
contract with HDR of Omaha,
Re.qular Session, April 5, 1999
140_
Nebraska for the study, in the total
amount of $12,365.00.
Passed, approved and adopted this
5th day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest: Map/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
headngs be set for Apdl 19, 1999 to
consider assessment of civil penalties
for 18 establishments with Tobacco
Pen'n~, presented and read. Vostberg
moved that the communication be
received and tiled and recommendation
approved. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 150-99
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having comptied
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
Tugboat Willy's Inc
Tugboat Wiily's 1630 E 16th St.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrsnce M. Duggan, Mayor
Attest: Mary,A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 151-99
Whereas, applications for Beer
Permits have been submitted and tiled
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'C" BEER PERMIT
Arcon Inc Arby's/Q-Mart
+(Sunday Sale) 10 Main St
Passed, approved and adopted this
5th day Apdl, 1999.
Terrance M. Duggan, Mayor
Attest Map/A Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 152-99
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 Cib/ Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS 'A' (CLUB) BEER/
LIQUOR LICENSE
Dubuque Loyal Ord of Moose
Dubuque Moose Lodge #355
+(SundaySale) 1166 Main St
CLASS "C"(COMMERCIAL)
BEER/LiQUOR LICENSE
Aramark Service Lores College
Campus Cnt+(Sunday Bale)
1450 Alta Vista
Map/Lou Kamp Noonan's Tap
+(Sunday Sale) 1618 Central Ave
GMRI, Inc Olive Garden Italian
Rest+(Sunday Sale) 3350 Dodge St
Knight of Columbus Counci~ 560
Knights of Columbus #510+(Sunday
Sale) 781 Locust St
Chad Streff Whiskey River
+(Sunday Sale) 1064 University Ave
Tugboat W~lly's Inc Tugboat
Willys (Sunday/Outdoor Sale)
1630 E 16th St
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest Map/A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
BOARDS AND COMMISSIONS
ZONING BOARD OF ADJUSTMENT:
Applicants William Gasper and Cad
Scherbdng. Vote on the appointment
was as follows: Buol voted for Gasper.
Duggan voted for Gasper. Markham
voted for Gasper. Michalski voted for
Gasper. Nicholson voted for Gasper.
Robbins voted for Gasper. Voetberg
voted for Gasper. Therefore, William
Gasper was reappointed to a five year
term which will expire 3-25-2004.
Regular Session, April 5, 1999
Buol moved to suspend the rules to
allow anyone present to address the
Council if they so desire. Seconded
by Robbins. Motion carded 7-0.
Proof of publication certified to by
the Publisher on Notice of Public
Headng pertaining to permitted uses
and development on Pareel "G" of the
PI District for Julien Dubuque Ddve,
with conditions (Kunde) (Set for
hearing only at meeting of 3-15-99 with
no readings given.), presented and
read. Voetberg moved that the proof
be received and tiled. Seconded by
Michalsld. Motion carded 7-0.
An Ordinance Repealing the
amended Development Land Use Map,
of Ordinance No. 72-92 and enacting a
New Development Land Use Map,
Second Amendment, in lieu thereof
pertaining to permitted uses and
development on Parcel "G" of the PI
Planned Industrial District for Julien
Dubuque Drive, with conditions,
presented and read. Voetberg moved
to deny passage of the Ordinance.
Seconded by Michalski. Motion carded
70.
Robert KJauer, Owner of property,
requesting Council to deny the
Ordinance, presented and read.
Vostberg moved that the
communication be received and filed
and request for denial approved.
Mr. Klauer spoke requesting denial.
Delores McHugh, BVM, asked that
repair work be done within six months.
Regina Thibeau, 530 Sunset Ridge,
objected to proposed rezoning.
MichalskJ moved that the matter of
extension of time for land repair work
on this property be referred to Staff and
resolved as soon as possible.
Seconded by Markham. Motion carried
7-0.
Proof of publication ce~tied to by
the Publisher on Notice of Public
Hearing to dispose of City's interest in
real property by amendment to lease
with Dubuque Marina, Inc. and City
Manager recommending to approve
extension for Dubuque Marina, Inc.,
presented and read. Buol moved that
the proof and communication be
received and flied. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 153-99
RESOLUTION DISPOSING OF AN
INTEREST IN REAL PROPERTY BY
AMENDMENT TO LEASE AND
AGREEMENT WITH DUBUQUE
MARINA, INC.
WHEREAS, the City of Dubuque,
Iowa (City) leases certain real property
to Dubuque Marina, Inc. (Marina) as
set forth in a Lease and Agreement,
dated October 29, 1956, as amended,
which Lease and Agreement are
attached hereto;
AND WHEREAS, the term of the
Lease and Agreement ends on
December 31, 2023;
AND WHEREAS, Keith Kann (Kann)
and Mary Wilhelm 0Nilhelm) desire to
enter into an agreement for the
purchase of the assets of Madna,
including the Lease and Agreement,
but only on the cond~on that the term
of the Lease and Agreement be
extended to December 31, 2028;
AND WHEREAS, City is amenable
to extending the term of the Lease on
the condi~on Kann and VViiheim
purchase the assets of Madna,
including the Lease and Agreement, on
terms acceptable to C~ and on the
further condition that the annual rent
during the lease extension shall be fair
market rent.
AND WHEREAS, pursuant to
Resolution No. 134-99 and published
notice of the date, time and place of
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the cf[y of
Dubuque, Iowa, on the 26~' day of
March, 1999, the City Council of the
City of Dubuque, Iowa met on the 5~
day of April, 1999, at 7:00 o'clock p.m.
in the public Iibra~' auditorium, 11th &
Locust, Dubuque, iowa, to consider the
disposal of the City's interest by
Amendment to the Lease and
Agreement, a copy of which is attached
hereto.
AND WHEREAS, the City Council of
the City of Dubuque, Iowa, overruled
any and all objections, oral or wdtten,
to the disposal of such interest in the
above-described real property.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The disposal of the
interest of the City of Dubuque, Iowa, in
the foregoing-described real property
by Amendment to Lease and
Agreement to Dubuque Madna, Inc. is
hereby approved upon and terms and
cond'~ons set forth in said Amendment.
Section 2. The Mayor is authorized
and directed to execute the
Amendment on behalf of the City of
Re.qular Session, April $~ 1999
147
Dubuque.
Section 3. The City Clerk is
authorized and directed to record a
certified copy of this Resolution in the
offices of the City Assessor, Dubuque
County Recorder, and the Dubuque
County Auditor.
Passed, approved and adopted this
5~' day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
Proof of publication ce~tied to by
the Publisher on Notice of Public
Headng to dispose of an easement on
City Lot 54 in the City of Dubuque and
City Manager recommending approval
to release easement, presented and
read. Buol moved that the proof and
communication be received and fi~ed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 154-99
Whereas, pursuant to resolution and
published notice of time and place of
headng, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on 26th day of March,
1999, the City Council of the City of
Dubuque, Iowa met on the 5th day of
Apnl, 1999, at 7:00 p.m. in the Public
Library Auditorium, 11th and Locust,
Dubuque, Dubuque County, Iowa to
consider the proposal for the vacating
and release of real estate described as:
An easement for a Clock and Tower
on City Lot 54 in the City of Dubuque.
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such real estate.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of the City of Dubuque
consisting of an easement for the
erection of a Clock and Tower on City
Lot 54 in the City of Dubuque, iowa to
Security Partners, L.P. be and the
same is hereby approved for the cost
of publication and tiling fees.
Section 2. That the Mayor be
authorized and directed to execute a
Re~ease of Easement, and the City
Clerk be and is hereby authorized and
directed to deliver 'said Release to
Security Partners, L.P. upon receipt of
the above fees.
Sec~on 3. That the City Clerk be and
is hereby authored and directed to
record a certified copy of this resolution
in the office of the City Assessor,
Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
Proofs of Publication on Notice of
Headng on P~ans & Specs. and Notice
to Bidders on the Receipt of Bids for
Construction of Manhole
Reconstruction Project - FY99 and City
Manager recommending to award
contract for project, presented and
read. Voetberg moved that the proofs,
notice and communication be received
and flied. Seconded by Nichoison.
Motion carded 7-0.
RESOLUTION NO. 155-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 24th day of
February, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Manhole
Reconstruction Project- FY99.
Whereas, notice of headng on plans,
specifications, form of contract, and
estimated cost was published as
required by isw.
NOW THEREFORE, BE tT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, spec~cafions,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
esfimated cost for said improvements
for said project.
Passed, adopted and approved this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nichoison.
Moron carried 7-0.
RESOLUTION NO. 156-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Manhole Reconstruction Project -
Fiscal Year 1999 pursuant to
Resolution No. 116-99 and notice to
bidders published in a newspaper
)ublished in the Cib/of Dubuque, iowa
]_43 Regular Session, April 5, 1999
on the fifth day of March, 1999.
Whereas, said sealed proposals
were opened and read on the 25th day
of March, 1999, and it has been
determined that the bid of Drew Cook &
Sons of Dubuque, Iowa in the amount
of $47,667.00 was the lowest bid for
the furnishings of ail labor and
materials and performing the work as
provided for in the pisns 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 Drew
Cook & Sons and the Manager be and
is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
5th day of April, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nichoison.
Motion carried 7-0.
Proofs of Publication on Notice of
Hearing on Plans & Specs. and Notice
to Bidders on the Receipt of Bids for
Construction of South Fork Sanitary
Sewer - Phase IV, from U.S. 20 to
Landfill and City Manager
recommending to award contract for
project., presented and read. Robbins
moved that the proofs and
communication be received and filed.
Seconded by Nichoison. Motion
carded 7-0.
RESOLUTION NO. 157-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 24th day of
February, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the South Fork
Sanitary Sewer - Phase IV, from U.S.
20 to Landfill.
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
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA~ Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 158-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
South Fork Sanitary Sewer - Phase IV
pursuant to Resolution No. 113-99 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the fifth day of
Mamh, 1999.
Whereas, said sealed proposals
were opened and read on the 25th day
of March, 1999 and it has been
determined that the bid of Langman
Construction of Rock Island, Illinois in
the amount of $295,887.32 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Langman
Construction and the Manager be and
is hereby directed to execute a contract
on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Tara Winger requesting to address
Council regarding our police officers,
~resented and read. Ms. Winger
Re.qular Session~ April 5,1999 146
spoke. Nicholson moved that the
request be received and filed.
Seconded by Robbins. Motion carded
7-0.
There was a verbal request from
Council Member Voetberg requesting
Council formally refer the Histodc
Preservation Ordinance to the Histodc
Preservation Commission for review
and updating. Voetberg moved that
the Histodc Preservation Ordinance be
referred to the Historic Preservation
Commission for their suggestions and
changes. Seconded by Michalski.
Motion carded 7-0.
City Manager submitting Ordinance
allowing the fight to grant extensions
on Sewer Conne~ons for properties in
Highway 20 Annexation Plan and
recommending to not adopt property
tax exemption for these properly
owners, presented and read. Buol
moved that the communication be
receNed and tiled. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Amending City Code
of Ordinances, Sec. 44-55 relating to
the abandonment of private on-site
sewage treatment and disposal system
upon availabiIity of public sewer by
adding a provision allowing the City
Manager to grant an extension to the
requirement for such abandonment,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 24-99
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE, CODE OF
ORDINANCES, SEC. 44-55
RELATING TO THE ABANDONMENT
OF PRIVATE ON-SITE SEWAGE
TREATMENT AND DISPOSAL
SYSTEM UPON AVAJLABILrrY OF
PUBLIC SEWER BY ADDING A
PROVISION ALLOWING THE CITY
MANAGER TO GRANT AN
EXTENSION TO THE REQUIREMENT
FOR SUCH ABANDONMENT
NOW, THEREFORE, BE tT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 44-55 of the City of
Dubuque, Code of Ordinances is
amended to read as follows:
Sec. 44-55. Abandonment Of Pdvate
On-Site Sewage Treat~nent And
Disposal System Upon Availability
Of Public Sewer.
(a) When a public sewer is
constructed within two hundred feet
(200') of the property line, the building
sewer shall be connected to said sewer
in accordance with City standards
established by the City Manager and
within three hundred sixty five (365)
days from date of written notification by
the City Manager, unless the City
Manager for good cause grants an
extension from such three hundred
sixty five day pedod which extension
shall not be in excess of the time
provided in paragraph (b), and the
private on-site sewage treatment and
disposal system abandoned in
accordance with subsection (b) of this
Section. However, the property shall
not be required to connect to the public
sewer if construction plans for the
private on-site sewage treatment and
disposal system are available, the
system meets the provisions of chapter
69 of the Iowa Administrative Code,
and the system received a construction
permit from the City Manager pdor to
installation, if the City Manager cannot
determine that the system is in
compliance with chapter 69 of the Iowa
Administrative Code, connection shall
be made to the sanitary sewer in
accordance with City standards
established by the City Manager.
(b) Notwithstanding the foregoing,
no pdvate on-site sewage treatment
and disposal system shall be permitted
to operate for more than fifteen (15)
years, unless otherwise determined by
the City Manager pursuant to standards
adopted by the City Manager. At any
time the City Manager determines the
system is no longer adequate,
connection to the sanitary sewer shall
be made.
Se~on 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
5t~ day of Apdl, 1999.
Terrence M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
April, 1999.
Mary A: Davis CMC, City Clerk
It 4/12
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Nicholson. Motion carded 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Nicho[son. Motion carded7-0.
City Manager submitting Ordinance
145
Regular Session, April 5, 1999
relating to hours of operation of
Municipal Parking Garages, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
An Ordinance Amending Sec. 32-
303 of City Code of Ordinances relating
to the hours of operation of Municipal
Parking Garages, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 25-99
AN ORDINANCE AMENDING SEC.
32-303 OF THE CITY OF DUBUQUE
CODE OF ORDINANCES RELATING
TO THE HOURS OF OPERATION OF
MUNICIPAL PARKING GARAGES
NOW, THEREFORE, BE iT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 32-303 of the City of
Dubuque Code of Ordinances is
amended to read as follows:
Sec. 32-303. Hours of operation.
The city manager shall designate the
hours during which the municipal
parking garages will be open for
transient parking business. The city
manager shall publish notice of such
hours by prominently displaying such
n'otice within the garages. The city
manager shall keep the city council
informed of the hours of opening and
closing thereof or any change of such
hours, it is intended hereby that
regular service hours shall be
established for the operation of the
parking garages, but in addition, permit
such flexibility in the established hours
so that the municipal parking garages
can be operated according to service
demand, special events and holiday
chopping requirements.
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
5th day of April, 1999.
Terrsnce M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 12th day of
Apdl, 1999.
Mary A. Davis CMC, City Clerk
lt4/12
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
Robbins. Motion carded 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carried 7-0.
· City Manager recommending Xiao
Mou Zhang be allowed to construct an
awning and sign within the public dght-
. of-way to his building at 1278 Central
I Avenue, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
An Ordinance Authorizing Great
Dragon Express to construction sign on
store front, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 26-99
AN ORDINANCE AUTHORIZING
GREAT DRAGON EXPRESS TO
CONSTRUCT SIGN ON STORE
FRONT
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Xiao Mou Zhang, as
the owner of the premises known as
1278 Central Avenue, Dubuque, Iowa,
and legally described as N. Middle 1/5
of N. ½ of City Lot 445, be and he is
hereby granted the revocable permit
and authority to construct and maintain
a sign under the terms and conditions
set forth in this Ordinance.
Section 2. That such constructon
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the C~
Manager, and in accordance with all
i applicable state and federsi laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said sign; and
b. Procure and maintain in force dudng
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behaff of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said sign sustained by
any person or pemons, caused by
accident or otherwise to defend at its
i own expense and on behalf of said City
Reqular Session, April 5,~ 999
146
an.y. claim against the City of Dubuque
arising out of the location, installation,
existence, construction or maintenance
of sign and to pay reasonable attorney
fees therefore; and
d. Indemnify, defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injudes to
third persons or damages to property of
third persons, or for damage to any
properb7 of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, construction, maintenance
and repair of the facility, work or
improvement permitted herein.
Section 4. That the permiesion
herein granted is expressly conditioned
upon permittess' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permlttees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said sign and in the
event of their failure to do so, the City
of Dubuque shall be authorized to
remove said sign at permlttees'
expense and dispose of the same, and
the permittee shall have no claim
against the City or its agents for
damages resuitng from the removal of
said sign.
Se~on 5. That permlttees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
leeation, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal injuries and/or property
damage against the permittees arising
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to Great Dragon
when this Ordinance has been adopted
by the C~ Council and the terms and
conditions thereof accepted by
permittess by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permlttees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Passed, approved and adopted this
5th day of April, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 26-99
The undersigned having read and
being familiar with the terms and
conditions of Ordinance NoJ 26-99,
hereby, for themselves, their
successors or assigns, as owners of
the abattJng property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
permittees.
By:. XJao Mou Zhang
Tite: Owner, Great Dragon Express
Dated: March 25, 1999
Published officially in the Telegraph
Herald newspaper this 19th day of
Apdl, 1999.
MaryA. Davis CMC, City Clerk
It 4/19
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
~aesed be suspended. Seconded by
Nicholson. Motion carried 7-0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carded 7-0.
City Manager recommending
approval of final plat of Holiiday
Addition located at the southwest
corner of the Northwest Artedal on
Asbury Rd., presented and read.
Voetberg moved that the
communication be received and flied.
Seconded by Nicholeen. Motion
carried 7-0.
RESOLUTION NO. 159-99
A RESOLUTION APPROVING THE
FINAL PLAT OF HOLLIDAY ADD-
ITION IN THE CITY OF DUBUQUE,
iOWA
Whereas, there has been filed with
the City Clerk a final plat of Holliday
Additon in the City of Dubuque, Iowa;
and
Whereas, upon said final plat
appears a street to be known as
Holliday Drive (Lot A) together with
certain public utility and sewer
easements which the owners by said
final plat have dedicated to the public
forever; and
Whereas, the conceptual
development plan has been examined
Regular Session, April 5, 1999
by the Zoning Advisory Commission
and had its approval endorsed thereon;
and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon, subject
to the owner agreeing to the conditions
noted in Section 2 belo~ and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it, except that no
streets or public utilities have yet been
constructed or installed, except for
sanitary sewer, and
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Holliday Drive (Lot A) and existing
sanita,'y sewer together with the
easements for public utilities, sanitary
sewer, storm sewer and water mains
as they appear upon said final plat, be
and the same are hereby accepted;
and
Section 2. That the plat of Hoiliday
Addition is hereby approved and the
Mayor an City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat, provided the
owners of said property herein named,
execute their written acceptance hereto
attached agreeing:
(a) To reduce Holliday Drive (Lot A) to
grade and to construct concrete curb
and gutter and to hard surface with
asphaltic concrete, or w~th concrete
paving with integral curb, all in
accordance with the City of Dubuque
standard specifications, all in a manner
acceptable to the City Engineer, and in
conformance with construction
improvement plans approved by the
City Engineer, and inspected by the
City Engineer.
(b) To install sanitary sewer mains and
sewer se~ce latarals into each
indMdual lot, water mains and water
sap/ice laterals into each indMdual lot,
storm sewers and catch basins,
boulevard street lighting and erosion
control devices all in accordance with
the City of Dubuque standard
specifications, all in a manner
acceptable to the City Engineer, and in
accordance with construction
improvement plans approved by the
City Engineer, and inspected by the
City Engineer.
(c) To construct a temporary detention
facility in s manner acceptable to the
City Engineer in accordance with the
improvement plans and City of
Dubuque Standard Specifications
approved by the City and inspected by
the City Engineer.
(d) To construct said improvements,
prior to two (2) years from the date of
acceptance of this resolution, at the
sole expense of the owners, or future
owners;
(e) To maintain the public improve-
ments, for a period of two (2) years
from the date of the acceptance of
those improvements by the City of
Dubuque, Iowa, atthe sole expense of
the owners, or future owners;
And, further provided that said QHQ
Prepediss, as owners of said property,
shall secure the performance of the
foregoing conditions provided in this
Section by providing guarantees in
such form and with such sureties as
may be acceptable to the City Manager
of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall
be the responsibility of the owner
abu~ng the public rights-of-way,
including lots with multiple frontages,
as required by City Code 41-161
through 41-164. The responsibility
shall extend to all successors, heirs
and assignees. Sidewalk installation
will not be required until the
development of the lot has been
completed, except as required herein.
In sparsely developed subdMsions,
sidewalks on developed lots will not be
required until 50% of the lots approved
by the plat have been developed. All
vacant lots shall have sidewalks
installed upon development of 80% of
the lots approved by the plat No
sidewalk wll[ be required along State
Highway 32.
Section 4. That the final acceptance
of all public improvements shall occur
upon cerfification of the City Engineer
to the City Council that all public
improvements have been completed in
accordance with the improvement
plans and City standard specifications
and accepted by City Council
Resolution.
Section 5. That in the event QHQ
Properties shall fail to execute the
acceptance and furnish the guarantees
provided in Section 2 hereof within 180
days after the date of this Resolution,
the previsions hereof shall be null and
void and the acceptance of the
dedication and approval the plat sha]l
not be effective.
Passed, approved and adopted this
5th day of April, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
Regular Session~ April 5~ :1999
148
RESOLUTION NO. 159-99
l, the undersigned, Michael D.
Quagliano, having read the terms and
conditions of the Resolution No. 159-
99, and being familiar with the
cond~ons thereof, hereby accept the
same and agree to the conditions
required therein.
Dated this 6th day of Apdl, 1999.
By:/s/Michael D. Quagliano
QHQ Properties
To: MaP/A: Davis, City Clerk
This is to certify that the required
security for the foregoing Resolution
No. 159-99 has been propedy filed.
Dated at Dubuque, Iowa this 9th day
of Apdl, 1999.
/s/Michael Van Milligen, City Manager
Voatberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending to
vacate and dispose of a portion of E.
14th Street and Pine Street as
requested by Phillip Mihalakis,
presented and read. Voetberg moved
that the communic~on be received
and flied. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. t60-99
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF
EAST 14TH STREET
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated March 22,
1999, prepared by lIW Engineers &
Surveyors, P.C., describing the
proposed vacated potion of East 14th
Street; 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 March
22, 1999, prepared by IIW Engineers &
Surveyors, P.C., relative to the real
estate hereinabove described be and
the same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Sec~on 2. That the City Clerk be
and is hereby authorized and directed
to file said plat and cer~fied copy of this
resolatJon in the office of the Recorder,
in and for Dubuque, County, Iowa.
Passed, approved and adopted this
5th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nichoison.
Motion carded 7-0.
RESOLUTION NO. 161-99
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF
PINE STREET FROM 12TH STREET
TO 14TH STREET
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated March 22,
1999, prepared by IIW Engineers &
Surveyors, P.C., describing the
proposed vacated portion of Pine
Street from 12th Street to 14th Street;
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 March
22, 1999, prepared by IIW Engineers &
Surveyors, P.C., relative to the real
estate hereinabove described be and
the same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat 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
5th day of April, 1999.
Terrsnce M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
An Ordinance Vacating a portion of
Pine Street from 12th Street to 14th
Street,
(OFFICIAL PUBLICATION)
ORDINANCE NO. 27-99
ORDINANCE VACATING A PORTION
OF PINE STREET FROM 12TH
STREET TO 14TH STREET
Whereas, Phillip Mihalakis has
requested the vacating of a poCdon of
Pine Street from 12th Street to 14th
Street
Whereas, IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the Cb Council a plat
showing the vacated po~on of Pine
Street from 12th Street to 14th Street
and assigned lot numbers thereto,
which hereinafter shall be known and
7.49 Regular Session, April 5, 1999
dsscdbed as Lot 262A and Lot 262B of
East Dubuque No. 2, in the City of
Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the C~y
of Dubuque, Iowa has determined that
a portion of Pine Street from 12th
Street to 14th Street is no longer
required for public use, and vacafing of
said po~ons of portion of Pine Street
from 12th Street to 14th Street known
as Lot 262A and Lot 262B of East
Dubuque No. 2 in the City of Dubuque,
Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT
ORDAINED BY THE CtTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA,
Section 1. That the real estate
described as Lot 262A and Lot 262B of
East Dubuque No. 2 in the City of
Dubuque, Iowa, be and the same is
hereby vacated.
Passed, approved and adopted this
5th day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest: Man/A. Davis, City Clerk
Published officially in the TelegraPh
Herald newspaper this 14th day of
Apdl, 1999.
Man/A. Davis CMC, City Clerk
It 4/14
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
Nicholson. Motion carded 7-0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicho[son. Motion
carded 7-0.
An Ordinance Vacating a portion of
East 14th Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28-99
ORDINANCE VACATING A PORTION
OF EAST 14TH STREET
Whereas, Phi]lip Mihalakis has
requested the vacating of a podion of
East 14th Street; and
Whereas, IIW Engineem &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated portion of East
14th Street and assigned lot numbers
thereto, which hereinafter shall be
known and described as Lot 326A of
East Dubuque No. 2, in the City of
Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
a portion of East 14th Street is no
longer required for public use, and
vacating of said poYdons of portion of
East 14th Street known as Lot 326A of
East Dubuque No. 2 in the City of
Dubuque, Dubuque County, iowa
should be approved.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate
described as Lot 326A of East
Dubuque No. 2 in the City of Dubuque,
Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this
5th day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest Man/A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper thia 14th day of
Apdl, 1999.
Man/A. Davis CMC, City Clerk
It 4/14
Voetberg moved that the
requirement that the proposed
Ordinance be considered and voted on
for passage at two Counc~ Meetings
prior to the meefing at which it is to be
finally passed be suspended.
Seconded by Nicholson. Motion
carded 7-0. Voetberg moved final
consideration and passage of the
Ordinance. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 162-99
RESOLUTION OF INTENT TO
DISPOSE OF CiTY INTEREST IN LOT
326A, LOT 262A AND LOT 262B OF
EAST DUBUQUE NO. 2, IN THE CITY
OF DUBUQUE, IOWA
Whereas, the Phil]ip Mihalakis has
requested the vacating of a portion of
East 14th Street and a portion of Pine
Street from 12th Street to 14th Street.
Whereas, IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated portion of East
14th Street and a porrton of Pine Street
from 12th Street to 14th Street and
assigned lot numbers thereto, which
hereinafter shall be known and
described as Lot 326A, Lot 262A and
Lot 262B of East Dubuque No. 2 in the
City of Dubuque, Iowa; and
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this portion of East 14th Street and a
por~on of Pine Street from 12th Street
to 14th Street are no longer required
for public use, and vacating and sale of
said portions of alleys and streets
known as Lot 326A, Lot 262A and Lot
Reqular Session, April $/1999
150
262B of East Dubuque No. 2 in the City
of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot
326A, Lot 262A and Lot 262B of East
Dubuque No. 2 in the City of Dubuque,
Section 2. That the conveyance of
Lot 326A and Lot 262B of East
Dubuque No. 2 in the City of Dubuque,
Iowa to the Phillip Mihalakis be
contingent, upon the payment of
$26,370.00, plus platting, publication
and tiling fees·
Section 3. That the conveyance of
Lot 262A of East Dubuque No. 2 in the
City of Dubuque, Iowa to the Donald J.
Herbst be contingent upon the payment
of $948.00, plus platttng, publication
and tiling fees.
Section 4. In consideration for the
conveyance of the foregoing pmpe[ty,
Phillip Mihalakis and Donald J. Herbst
agree that they shall each permanently
screen all outdoor storage now or
hereafter located on Lot 3 of Lot 1 of
A.Y. McDonald Manufacturing Com-
pany Place, and on the property
conveyed pursuant to this resolution,
so that such outdoor storage cannot be
seen from anywhere outside the
premises, including but not limited to
the elevated highway adjacent to the
property. The foregoing requirement
shall be set fo[th in the form of a
restrictive covenant in the deed of
conveyance and may be enfomed by
the grantor by injunctive or other
appropriate relief.
· Section 5. That the City Clerk be and
Is hereby authorized and directed to
cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
5th day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest: MaP/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution set'ling this matter for Public
Headng on 4-19-99 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
Nicholson. Motion carded 7-0.
At 8:28 p.m. Vostberg moved to go
into Closed Session In accordance with
Chapter 21.5 l.(j) State Code of Iowa,
1997 as amended, To discuss the
purchase of particular real estate
where premature disclosure could be
reasonably expected to increase the
price the governmental body would
have to pay for that prapedy and
Chapter 21.5 1(c) To discuss strategy
with counsel in matters that are
presently in litigation. Seconded by
Michalski. Motion carded 7-0.
Council reconvened Regular
Session at 9:57 p.m. The Mayor
advised that Staff had been given
direction on these matters.
There being no further business,
Voetberg moved to adjourn the
meeting. Seconded by Michalski.
Motion carried 7-0. The meeting
adjourned at 9:58 p.m.
/s/Mary A; Davis CMC
City Clerk
Approved ~/~-.'--"'"¢~ .~ ,1999
Adopta~ '~ ¢ ,1999
ncil Members
City Clerk / -
Special Session, April 19, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Apdl
19, 1999
Council Met at 5:12 P.M., Public
library Auditorium
Present: Council Members Buct,
Markham, Michalsld, Nicholson,
Robbins, Voetberg, City Manager
Michael Van Milligen, Corporation
Counsel Barry A. lindahL
Absent Mayor Duggan - Mayor
Duggan entered Closed Session at
5:22 P.M.
Council Member Voetberg left at
6:06 P.M.
Mayor~Pro-Tem Buol read the call
and stated this is a Special Session for
the purpose to call a Closed Session to
discuss the pumhase of reel estate.
At 5:14 Voetberg moved to go into
Closed Session In accordance with Ch.
21.5 1.0) to discuss the purchase of
particular real estate where premature
disclosure could be reasonably
expected to increase the price the
governmentel body would have to pay
for that property. Seconded by
Markham. Motion carded 7-0.
Council reconvened at 6:41 P.M.
staling that Staff was given proper
direction.
There being no further business,
Michelski moved to adjourn the
meeting. Seconded by Markham.
Motion carried 7-0. The meeting
adjourned at 6:42 P.M.
/si Mary A. Davis CMC,
City Clerk
/-?
Approved ~ ~ , 1999
'~ C(~uncil Members
Attest:~/..,~_~~.
City Clerk ~/
Board of Health, April 19~ 1999 152
DUBUQUE
BOARD OFHEALTH
QUARTERLY
MEETING
Board met on April 19, 1999, 6:55
P.M., Public Library Auditorium
Present: Chairperson Duggan,
Board Members Buol, Markham,
Michalski, Nicholson, Robbins,
Voetberg.
Chairperson Duggan read the ca[I
and stated this is the Regular QuarteHy
meeting of the Board of Health called
for the purpose to act upon such
business which may properly come
before the Board.
There was no business to come
before the Board at this time.
Michalski moved that it be resolved
that the C~ of Dubuque Board of
Health meet in a joint work session with
the Dubuque County Board of Health to
hear about the changes in the law and
to learn about what we might do to
come into compliance with the
requirements of the Iowa Code and
that this Work Session be tentatively
scheduled for May 10, 1999 at 5:00
P.M. Seconded by Buol. Motion
carried 7-0.
There being no further business,
Buol moved that the Board of Health
Meeting be adjourned. Seconded by
Robbins. Motion carried 7-0. The
meeting adjourned at 7:00 P.M.
/s/MaryA. Davis CMC
Secretary, Board of Health
Approved ~.,/.M..~-- ~' ,1999
Ad p~.d. ~'/..<--~-~-y ~ ,1999
/ ~ Chair e~s~,,~'//".~ _ ~
Attest:
City Clerk~
153 Regular Session, April 19, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, April
19, 1999
Council Met at 7:00 P.M., Public
Library Auditorium
Present: Mayor Duggan, Council
Membem Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg, Cb
Manager Michael Van Milligen,
Corporation Counsel Barry A. Undahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the Cb Council called for the purpose
to act upon such business which may
propedy come before the Council.
Invocation was given by Rev.
George Bauman, Pastor of Holy Tdn~
Lutheran Church.
PROCLAMATIONS: Apd] 24 as
'Arbor Day" received by City Forester
Steve Pregler; May 7 & 8 as 'Sertoma
Candy Days;" May 15 as 'Kids' Day
America/Dubuque."
MINUTES SUBMITTED -- Civil
Service Commission of 3~23;
Community Development Advisory
Commission of 3-23; Park &
Recreation Commission of 3-9; Hiatodc
Preservation Commission of 3-11 & 3-
25; Housing Commission Trust Fund
Committee of 3-25; Telepregramming
Commission of 4-6; Zoning Board of
Adjustment of 3-25 (Draft), presented
and read. Buol movedthatthe minutes
be received and tiled. Seconded by
Robbins. Motion carded 7-0.
Pdnted Council Proceedings for
month of March, 1999 presented for
approval. Buol moved that the
proceedings be approved as pdnted.
Seconded by Robbins. Motion carded
7-0.
Proofs of Publication on pdnting of
council proceedings for 3-15-99; List of
Claims paid and Summary of
Revenues for month of February, 1999,
presented and read. Buol moved that
the proofs be received and filed.
Seconded by Robbins. Motion carded
7-0.
Finance Director submitting financial
report for month ending March 31,
1999, presented and read. Convention
& Visitors Bureau submitting their
quartedy report, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
NOTICES OF CLAIMS/SUITS:
Madbath Bockenstedt in amount of
$330.80 plus other costs for personal
injuries; Ron Buxton, in amount of
$2,275.00 for vehicle damages; Loretta
Schlitz in amount of $306.00 plus other
compensation for personal injuries;
Gerald & Lola Shuster, no amount, just
putting on notice for backed-up sewer;
Cladan L Stetzer in amount of
$1,579.00 plus rental costs, for vehicle
damages; Jeannette Lea Turner, in
amount of $1,464.26 for personal
injuries, presented and read. Buol
moved that the claims and suits be
referred to the Legal Staff for
investigation and report. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel advising
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa CommuniZes
.~.ssuranca Pool; Vehicle damage of
Todd J. Burgess; Vehicle damage of
Robert R. Feller; Vehicle damage of
Robert Frank; Personal injury of Mary
Ann Gassman; Vehicle damage of
State Farm Insurance for their insured,
Christopher McDonough; Vehicle
damage of ~N-dson Bros. Leasing,
)resented and read. Buol moved that
the communications be received and
filed. Seconded by Robbins. Motion
carded 7-0.
Corporation Counsel recommending
seffiement of vehicle damage claim of
Howard Riedel in amount of $21.20
and Finance Director to issue check,
Buol moved that the communication be
received and flied and recommendation
approved. Seconded by Robbins.
Motion carded 7-0.
Corporation Counsel recommending
denial of vehicle towing claim of Teresa
Dix and clothing damage of Tarry
Hauser (Refer to Holiday Inn for
hand~ng), presented and read. Buol
moved that the communication be
received and flied and approved
recommendations. Seconded by
Robbins. Motion carded 7-0.
Reqular Session~ Apd119i 1999
Corporation Counsel recommending
property damage claim of Thomas J
Scherf be edmidistta~ely closed
presented and read. Buel moved that
the communication be received and
filed and approved recommendation.
Seconded by Robbins. Motion carried
7-0.
City Manager recommending
approval of plat of North Siegert Farm,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carded 7-0.
RESOLUTION NO. t63-99
RESOLUTION APPROVING PLAT OF
SURVEY OF NORTH SIEGERT FARM
Whereas, there has been presented
to the City Council of the CH of
Dubuque, Iowa, a plat dated March 29,
1999, prepared by Kirkham Michael,
consulting engineers, dsscdbing the
retracement of the exterior boundary of:
the west 30 acres of the Northeast 1/4
of the Northwest 1/4; Lot 2 of Lot 1 of
the Southeast 1/4 of the Northwest 1/4;
Lot 2 of the Southwest 1/4 of the
Northwest 1/4; the Southwest quarter
of the Northeast quartec Lot 1 of Lot 1
of the Northwest quarter of the
Northeast quar[er; Lot 1 of the East 10
acres of the Northeast quarter of the
Northwest quaker, and Lot 1 of Lot 1 of
the Southeast quarter of the Northwest
quarter all in Section 30, Township 89
North, Range 2 East of the 5th P.M., all
in Dubuque County, Iowa;
Whereas, said plat conforms to the
Jaws and statutes pertaining thereto.
NOW, THEREFORE, BE JT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated Mamh
29, 1999 prepared by Kirkham
M chael, consulting engineers, relative
to the real estate hereinabove
described be and the same is hereby
approved, and the Mayor and City
Clerk, be and they are hereby
authorized and directed to execute said
plat for and on behaff of the CH 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
resolutrm in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
154
' Moron carded 7-0.
Zoning Advisory Commission
recommending approval of Hooper's
Addition, presented and read. Budi
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 164-99
A RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT 22 OF
HOOPER'S ADDITION, IN THE CITY
OF DUBUQUE, IOWA.
Whereas, there has been filed With
the City Clerk a plat of survey of Lot 22
of Hooper's Add,on in the City of
Dubuque, owa; and
Whereas, said plat provides Lot 2 of
22 with 1,802 square feet of lot area,
where 2,500 square feet is required by
Section 42-19(b) of the SubdMsion
Regula'dons; and
Whereas, said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to th'e 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 Subdivision Regulations is waived
to allow Lot 2 of 22 to have 1,802
square feet of lot area, where 2,500
square feet is required.
Section 2. That the plat of survey of
Lot 22 of Hooper's Add~on is hereby
approved and the Mayor and CH 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
19th day of Apda, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adopton of the
resolution. Seconded by Rohbins.
Motion carded 7-0.
Zoning Advisory Commission
recommending approval of plat of
Kerper Indust~al Park, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 165-99
A RESOLUTION APPROVING THE
FINAL PLAT OF KERPER
[_55 Regular Session, April 19, 1999
INDUSTRIAL PARK IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a final plat of Kerper
Industrial Park in the City of Dubuque,
Iowa; and
Whereas, upon said final plat
appear, a street to be known as Kerper
Court (Lot A) together with certain
public ufil~ and sewer easements
which the owners by said final plat
have dedicated to the public forever;,
and
Whereas, the final plat has been
examined by the Zoning Advisory
Commission and had its approval
endomed thereon; and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to ~ except that no
streets or public ufilites have yet been
constructed or installed; and
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Kerper Court (Lot A) together with the
easements for public utilities, sanitary
sewer, storm sewer and water mains
as they appear upon said final plat, be
and the same are hereby accepted;
and
Section 2. That the final plat of
Kerper Industrial Park is hereby
approved and the Mayor an City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat,
provided the owners of said property
herein named, execute their written
acceptance hereto attached.
Section 3. Sidewalk installafion shall
be the responsibility of the owner
abut~ng the public rights-of-way,
including lots with multiple frontages,
except Kerper Boulevard, as required
by City Code 41-161 through 41-164.
The responsibility shall extend to all
successors, heirs and assignees.
Sidewalk installation will not be
required un'dl the development of the
lot has been completed, except as
rsquired herein. In sparsely developed
subdivisions, sidewalks on developed
lots will not be required unfi[ 50% of the
lots approved by the plat have been
developed. All vacant lots shall have
sidewalks installed upon development
of 80% of the lots approved bythe plat.
Section 4. That the final acceptance
of all public improvements shall occur
upon cert~fica§on of the City Engineer
to the C~ Council that all public
improvements have been completed in
accordance with the improvement
plans and City standard speciflcafions
and accepted by City Council
Resolution.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO.165-99
I, the undersigned, Terrance M.
Duggan, Mayor, City of Dubuque,
having read the terms and conditons of
the Resolution No.165-99, and being
familiar with the conditions thereof,
hereby accept the same and agree to
the conditions required therein.
Dated this 19th day of April, 1999.
By:/s/Terrance M. Duggan, Mayor
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
Dubuque Golf & Country Club
requesting permission to display
fireworks on July 4th at about 9:00 p.m.
rain dates July 5th or 6th) and
December 31st at about midnight on
their property, presented and read.
Buo[ moved that the communication be
received and filed and referred to City
Manager for implementation.
Seconded by Robbins. Motion carded
7-0.
Gall Naughton submitting her
resignation from the Histodc
Preservation Commission
(represenfing Jackson Park), presented
and read. Buol moved that the
communication be received and filed
and accepted the resignation with
regret Seconded by Robbins. Motion
carried 7-0.
April 12, 1999
Honorsble Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iowa, the CMl
Service Commission conducted a
written examination on March 23, 1999
for the position of Engineering
Assistant I.
We hereby certify that the following
individuals have passed this written
examination and the vacancy for this
position should be made from this list.
We further state that this list is good for
two (2) years from above date.
ENGINEERING ASSISTANT I
Wayne F. Kieffer Patrick Meehan
Dale Steuer Colin Riniker
Diane Unsen Thomas Kopp
Brad Gehl Chad Macke
Reqular Session~April 19,1999
Joshua Bahl John Knockel
Hugh McCarron Daniel Sch[ueter
Chadie Gau John Luher
Michael W. Jasper
Respectfully submitted,
Is/Mede J. Duehr, Jr., Chairperson
/s/Thomss E. Rawson,
CMl Service Commission
Buol moved that the above
certification be made a matter of
record. Seconded by Robbins. Motion
carded 7-0.
City Manager recommending
approval of the grant agreement with
the Four Mounds Foundation to provide
the summer day camp program as part
of the Uptown Recreation Program,
presented and read. Buol moved that
the communication be received and
~ed and approved recommendation.
Seconded by Robbins. Motion carded
City Manager recommending
approval of the grant agreement with
ISU Extension Sauces to provide
summer programs as part of the
Uptown Recreation Program,
presented and read. Buol moved that
the communication be received and
filed and approved recommendation.
Seconded by Robbins. Motion carded
City Manager recommending
adoption of Supplement #40 to City
Code of Ordinances, presented and
read. Buoi moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 166-99
ADOPTING SUPPLEMENT NO. 40 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, readoptsd the
Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted
up to and including December 19,
1988; and
Whereas, since December 19, 1988
the City Council of the City of Dubuque,
Iowa has adopted certain ordinances
amending the Code of Ordinances and
said amendments have been pdnted as
supplements to the Code of
Ordinances; and
Whereas, Section 380.8 of the Code
of Ordinances provides that
supplements 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. 40
of the Code of Ordinances of the City
of Dubuque, Iowa, covering Ordinances
through Ordinance No. 7-99 enacted
through February 1, 1999 and prepared
by the Steding Codifiers, lnc, Weiser,
ID hereto tiled in the Office of the City
Clerk of the City of Dubuque, Iowa be
and is hereby adopted and becomes
part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrence M. Duggan, Mayor
Attest: MaryA: Davis, C~Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
acceptance of Sanitary Sewer in Cedar
Ridge Farm, presented and read. Buol
moved that the communication be
received and tiled. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 167-99
ACCEPTING SANITARY SEWER
IMPROVEMENTS
Whereas, cartain sanitary sewer
improvements were installed by Julian
G. Nemmers; and
Whereas the improvements have
been completed and the City Manager
has examined the work and has filed a
cat. cate stating that the same has
been completsd in accordance with the
plans approved by the City Engineer
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 sanitary sewer Improvements
in the N 1/2 NE 1/4 SW 1/4; E 1/2 SW
1/4 NE 1/4 SW 1/4; SE 1/4 NE 1/4 SW
1/4 all in Section 34, T89N, R2E, 5th
P.M., Dubuque County, Iowa, be and
the same is hereby accepted.
Section 2. That maintenance of said
Improvements shall be the
responsibility of the contractor and the
owner for a pedod of two years from
this date.
Passed, approved and adopted this
19"' day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
1.57 Regular Session, April 19, 1999
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
Copy of Letter supporting
paritcipation of Carnegie-Stout Public
Library in the Dubuque County Library
proposal for a Governmental Enterprise
Fund Grant, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
Communication from City Manager
to G.D.R.E.C. (Greater Dubuque
Riverboat Entertainment Company)
requesting that City acknowledges its
right to assign dghts under Ice Harbor
Parking Agreement to purchaser of
gambling boat, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Robbins. Motion cardedT-0.
City Manager recommending
approval for a grant application to be
submitted to the Iowa Division of
Criminal and Juvenile Justice Planning
of the Department of Human Rights for
funding of the Dubuque
Decategoitza'don Project, presented
and read. Buol moved that the
communication be received and filed
and approved recommendation.
Seconded by Robbins. Motion carded
7-9.
City Manager recommending
endorsement of vacating approx. 50
feet of I.D.O.T. right-of-way along the
Northwest Arteda[ at Pennsylvania Ave.
as requested by the existing Floor
Show building, presented and read.
Buol moved that the communication be
received and ti]ed and recommendation
approved. Seconded by Robbins.
Motion carried 7-0.
Zoning Advisory Commission
advising of their approval to grant an
extension for submittal of the tinal site
development plans for Steve Boge
Renaissance Development Senior
Housing project on Carter Road,
across from Westmore Dr., presented
and read. Buol moved that the
communication be received and tiled.
Seconded by Robbins. Motion carded
7-0.
City Manager submitting resolution
which removes a condition which
creates a possible cloud on the
property 'dUe for property transferred to
Eagle Window and Door Company,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carded 7-0.
RESOLUTION NO,168-99
A RESOLUTION RESCINDING
SECTION "[.(B) OF RESOLUTION NO.
222-84 APPROVING THE FINAL
PLAT OF FDL FIRST ADDITION TO
THE CITY OF DUBUQUE, IOWA,
Whereas, Resolution No. 222-84,
adopted July 16, 1984, approved the
final plat of FDL First Addition to the
City of Dubuque, Iowa, a copy of which
plat is attached hereto; and
Whereas, Section 1.(b) of Resolution
No. 222-84 provided that Lot 3 of FDL
First Add,on be maintained for future
public right-of-way; and
Whereas, the City Council now
determines that it is no longer
necessary to maintain lot 3 for future
public right-of-way.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 1.(5) of
Resolution No. 222-84 Ls hereby
rescinded.
Passed, approved and adopted this
19th day of Apdl, !999
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resol~on. Seconded by Robbins.
Motion carded 7-0.
The Ryan House requesting to
transfer their Liquor License to
Mississippi River Museum, 3rd St. ice
Harbor on April 21, 1999, presented
and read. Buol moved that the
communication be received and filed
and request for transfer approved.
Seconded by Robbins. Motion carded
RESOLUTION NO. 169-99
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
Puff n Snuff Mob Oil Co.
495 N. Grandview Ave
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, CityClerk
Re.qular Session, April 19~ ~1999
158
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 170-99
Whereas, applications for Beer
Perm[ts have been submitted and tiled
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have tiled
proper bonds.
NOW, THEREFORE, BE tT
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 Perm[t.
CLASS "B" BEER PERMIT
Donna Ginter Dubuquefest
+(Sunday/Outdoor Sale)
7th & Town Clock
CLASS "C~ BEER PERMIT
Kwik Trip, Inc. Tobacco Outlet Plus
# 504+(Sunday Sales)
806 Wacker Dr #140
Wareco Service Inc Wareco # 662
+(Sunday Sale) 700 Rhomberg Ave
Passed, approved and adopted this
19th day Apdl, 1999.
Terrence M. Duggan, Mayor
Attest: MaryA Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. '171-99
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
inspec[ed 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)
BEEP/LIQUOR LICENSE
Donna Ginter West Dubuque Tap
+(Sunday Sale) 1701 ~bury Rd
Central Tap Inc. Central Tap
+(Sunday Sale) 1046 Central Ave
Jeannine A. Kerech Idle Hour
+(Sunday Sale) 1555 Central Ave
IDJS Enterp. Inc Hooligan's Sports
Bar/Gdll(Ostdoor Sale)
Plaza 20 Shopping Ctr.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Maq/A. Davis, City Clerk
Buol moved adoption of the
resoltYdon. Seconded by Robbins.
Motion carded 7-0.
BOARDS AND COMMISSIONS
INVESTMENT OVERSIGHT
ADVISORY COMMISSION:
Individuals are invited to address the
Council to express their desire to
serve. Applicant: Stephen V. Reisdorf.
Mr. Reisdorf spoke.
Buol moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Michalsld. Motion carried
7-0.
Proof of Publication certified to by
the Publisher on Notice of Public
Headng to consider disposing of City's
interest of property on vacated 12th &
14th Sts. and City Manager
recommending to approve sale of
propedies, presented and read.
Voetberg moved that the proof and
communication be received and tiled.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. '172-99
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 326A, LOT 262A,
AND LOT 262B OF EAST DUBUQUE
NO. 2 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and
3ublished notice of time and place of
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the Cb of
Dubuque, Iowa on 9~ day of April,
1999, the City CounciJ of the City of
Dubuque, Iowa met on the 19~ day of
Apdl, 1999, at 7:00 p~m. in the Public
Library Auditorium, 11th and Locust,
Dubuque, Dubuque, County, Iowa to
consider the proposal for the sale of
real estate described as:
Lots 326A, Lot 262A, and Lot 262B
of East Dubuque No. 2 in the City of
Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City
of Dubuque, lows overruled any and all
objections, oral or written to the
proposal to setl such real estate,
except for easement as noted.
159 Regular Session, April 19, 1999
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the sale of City of
Dubuque real property described as
Lot 326A and Lot 262B of East
Dubuque No. 2 in the City of Dubuque,
Iowa to Phillip Mihalakis a.k.a. M-M+M,
L.L.C. be and the same is hereby
approved for the sum of $26,370.00
plus cost of publication, platting and
filing fees. Conveyance shall be by
Quit Claim Deed.
Section 2. That the sale of City of
Dubuque real property described as
Lot 262A of East Dubuque No. 2 in the
City of Dubuque, Iowa to DonaId J.
Herbst be and the same is hereby
approved for the sum of $948.00 plus
cost of publication, platting and filing
fees. Conveyance shall be by Quit
Claim Deed.
Section 3. That the Mayor be
authorized and directed to execute Quit
Claim Deeds, and the City Clerk be
and is hereby authorized and directed
to deliver said deeds of conveyance to
Phi[lip Mihalakis a.k.a. M-M+M, L. LC.
and Donald J. Herbst upon receipt of
the purchase price in full.
Secton 4. In consideration for the
conveyance of the foregoing property,
Phillip Mihalakis a.k.a. M-M+M, L. LC.
and Donald J. Herbst agree that they
shall each permaaen~ screen all
outdoor storage now or hereafter
located on Lot 3 of Lot 1 of A:Y.
McDonald Manufacturing Company
Place, and on the property conveyed
pumuant to this resolution, so that such
outdoor storage cannot be seen from
anywhere outside the premises,
including but not limited to the elevated
highway adjacent to the property. The
foregoing requirement shall be set forth
in the form of a restrictive covenant in
the deed of conveyance and may be
enforced by the grantor by injunctive or
other appropriate relief.
Section 5. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
19"~ day of April, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
CONSENT TO RESOLUTION
The undersigned hereby
acknowledge, consent and agree to the
conditions set forth in the foregoing
resoluiton on behalf of themselves,
their heirs, successors and assigns.
/s/Phillip Mihalatds (M-M+M, L.L.C.)
/s/Donald J. Herbst
Voetberg 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 for Construction
of Soccer Complex Sanitary Sewer
Extension and City Manager
recommending to award contract for
project, presented and read. Robbins
moved that the communication be
received and flied. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 173-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the loth day of March,
1999, plans, specifications, form of
contract and estimated cost were tiled
with the City Clerk of Dubuque, Iowa
for the Soccer Complex Sanitary 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
19~ day of April, 1999.
Terrence M. Duggan, Mayor
Attest Ma~y A~ Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. '174-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Soccer Complex Sanitary Sewer
Extension pursuant to Resolution No.
138-99 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 19th day of
March, 1999.
Whereas, said sealed proposals
were opened and read on the 8th day
of Apn'l 1999 and it has been
determined that the b d of Drew Cook &
Sons Excavating of Dubuque, Iowa in
Regular Session, April 19, 4999
160
the amount of $86,939.44 was the
lowest bid for the furnishings of all
labor and matsdals 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:
Section 1. That the contract for the
above improvement be awarded to
Drew Cook & Sons Excavating and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
performance of the work.
Section 2. Thatthe Cb Manager be
and is hereby authorized to execute a
change order to include the
sewer extension to the Grandview
Avenue United Methodist Chumh
properly if the Church so chooses and
is willing to pay the entire additional
cost.
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
19th day of April, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
Headngs on Civil Penalties for
Tobacco Licenses: $300.00
Assessments for AJrpert Inn, 574 E.
16th St.; Angles, 1401 Elm St.;
Dempeey's 359 W. 9th St.; Galaxies,
Inc., 3203 Jackson; IOCO Speede
Shope, 2335 Univemit,/; Knickem
Saloon, 2186 Central Ave.; KSNIK Stop,
2360 Central,; The Lounge, 481 Locust
St; Mike's Ten Pin Tap, 601
Rhomberg; Noonan's Tap, 1618
Central Ave.; Puff N Stuff, 2013 Central
Ave.; Rivemide Bowl, 1860 Hawthorne;
Sid's Beverage, 2727 Dodge St.; Silver
Dollar Cantina, 342 Main St.; Tott's
Tap, 3457 Jackson, and the following
are subject to suspension of permit for
30 days due to the fact this is second
offense: HyVee Food Store, 3500
Dodge St.; K-Mart, 2600 Dodge St.;
Milk House, 620 S. Grendview Ave.,
presented and read. Voetberg moved
that the assessments and suspension
be approved. Seconded by Markham.
Motion carried 7-0.
John Stangel, Mgr. of K-Mart, Dennis
Murray of Gala'des and PhiUip Love of
The Lounge, all spoke of their vigilance
at upholding the law and requesting
consideration for small businesses.
Mayor Duggan tett the Council
Chambers.
The following was tabled from
meeting of March 15, 1999. Nichoison
moved to remove the fefiowing item
from the table. Seconded by Buol.
Motion carded 6~0.
Ed Tschiggfde requesting assistance
from City in secudng a sanitary sewer
and water main easement on the
property of Mantamach Brothers
Investment Group by using the City's
right of eminent domain; City Manager
recommending to proceed with eminent
domain proceedings as requested by
Ed Tschiggfde; City Manager providing
information and clarifying that proper
notices were sent to adjoining property
owners and definition of "BuUdable
Lot;' Galen and Tom Mantamach
requesting to address the Council
regarding granting of Eminent Domain;
and Ed Tschiggfrie requeefing
enactment of the Eminent Domain
proceedings, presented and read.
MichalskJ moved that the
communications be received and tiled.
Seconded by Nichoison. Motion
carried 6-0.
Ed Tschiggfrie spoke of specifics in
t~ng to reach an agreement with Mr.
Manternach and requested eminent
domain proceedings be started as soon
as possible. Galen Mantarnach and
Tom Mantemach spoke requesting that
Mantamachs and Tschiggfrie be
allowed to do their own seffiement.
Mayor Duggan returned to the
Council Chambers.
City Manager submitting amended
Housing Code as revised by the
Housing Department, Ruth & Rues
Nash advising of being in favor of
proposed revisions to the Housing
Code; President of Historic Bluffs
Neighborhood Association strongly
supperfing maintaining the city
ordinance to shield and screen
garbage cans and waste containers
and suppor~ng the flaking paint
ordinance as well; Cadeen Schroeder
expressing concern with possible
changes; and Thomas J. Mueller
reques~ng Council adopt newly
proposed amendments, presented and
read. Michalski moved that the
communications be received and tiled.
Seconded by Buol. Motion carded 7-0.
16]_ Regular Session, April 19, 1999
Tom Mueller and John Whalen both
spoke supporang the revised changes.
An Ordinance Amending cerfain
sections of Chapter 26 of City Code,
Housing Regulations, relating to scope
and application; relating to storage of
garbage containers; relating to service
of notice of violations; relating to
license payment penalties; relating to
refunds of appeals fees; relating to
ventilation of bathrooms to enclosed
porches; relating to extedor openings in
enclosed porches; relating to extedor
wood and brick surfaces; relating to
treatment of intedor and extedor
painted sur[aces, presented and read.
Michalski moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended. Seconded by
Buol. Motion carded 7-0. Michalski
moved final consideration and passage
of the Ordinance, as amended.
Seconded by Buol. Motion carded 7-0.
Nicholson moved that they table
ac'don on this Ordinance. Seconded by
Voetberg. Motion carded 7-0.
Petition from David Hartig with 63
signatures (original signatures on file in
City Clerk's office), requesting Council
enact an immediate 90-120 day
moratorium on the issuance of permits
for any new Billboard construction
and/or revision of existing structures in
the City of Dubuque; Chds iverson of
Lamar Outdoor Advertising requesting
to address the Council on the issue;
and Greg Maim, Pres. of Maim,
Outdoor Communications, opposing
request of pel~on of David Hartig,
presented and read. Voetberg moved
to refer this matter to the City Manager
to refer to apprepdate Staff for review
and recommendation. Seconded by
N[cholson. Motion carded 7-0.
City Manager recommending
approval for Rainbo Oil Co. to construct
a projecting sign at 1401 Central Ave.,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Michalski. Motion
carded 7-0.
An Ordinance Authorizing Rainbo
Co. to construct projecting sign at 1401
Central Ave., presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 29-99
AN ORDINANCE AUTHORIZING
RAINBO OIL COMPANY TO
CONSTRUCT A PROJECTING SIGN
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Rainbo Oil
Company as the owner of the premises
known as 1401 Centrel Avenue,
Dubuque, Iowa, and legally described
as s 1/5 of C.L. 450 be and they are
hereby granted the revocable permit
and authority to construct and maintain
a projecting sign under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly cond~oned
on permittees' agreement to:
a. Assume any and ali liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said projecting sign;
and
b. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached Insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said projecting sign
sustained by any person or persons,
caused by accident or othePMse to
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque adsing out of the
location, installation, existence,
construction or maintenance of
proje~ng sign and to pay reasonable
attorney fees therefore; and
d, Indemn~, defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to property of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, construction, maintenance
and repair of the facility, work or
Reqular Session~ April: 19,,1999
162
and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission
herein granted is express~j conditioned
upon permittaes' further agreement that
should the dght and privilege herein
granted be rsscinded or revoked by the
City Council, permittaes, or their
successors in interest, as owners of the
abuffing property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said projecting sign
and in the event of their failure to do
so, the City of Dubuque shall be
authorized to remove said projecting
sign at permittaes' expense and
dispose of the same, and the permittee
shall have no claim against the City or
its agents for damages msurdng from
the removal of said projecting sign.
Sec'don 5. That permittees covenant
and agree that the revocable permit
herein granted does not cons~tute an
approval of the design, erection,
location, construction, repair or
maintenance of said facirr[y and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim asserted for death,
personal in judas and/or preperty
damage against the permittees adsing
out of or in any way connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the dghts
hereunder accrue to projecting sign
when this Ordinance has been adopted
by the City Council and the terms and
cond~ons thereof accepted by
permittaes by acceptance endorsed on
this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file at permittaes' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
19th day of Apdl, 1999.
Tarrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 29-99
The undemigned having read and
being familiar with the terms and
condi~ons of Ordinance No. 29-99,
hereby, for themselves, their
successors or assigns, as owners of
the abutting property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
)ermittees.
By:./s/Jill Reimer
'Frae: Is/Retail Administrator
Dated: Apdl 9, 1999
Published officially in the Telegraph
Herald newspaper this 27th day of
Apdl, 1999.
Mary A. Davis CMC, City Clerk
It 4/27
Budi moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
3assed be suspended. Seconded by
Michaiski. Motion carded 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Michalski. Motion carded 7-0.
City Manager submitting ordinance
providing for 12 month moratorium on
)ermit issuance for U.S. 20 Corridor,
)resented and read. Buol moved that
the communication be recaived and
filed. Seconded by Robbins. Mo'don
carded 7-0.
An Ordinance Amending Chapter 11
(Buildings and Building Regulations) of
the City's Code of Ordinance by
amending Section 11-58.1 by
establishing a twelve-month
moratorium on the issuance of permits
for work in the U.S. 20 Corridor,
3rssented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 30-99
AN ORDINANCE AMENDING
CHAPTER 11 (BUILDINGS AND
BUILDING REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY AMENDING
SECTION 11-58.1 BY ESTABLISHING
A TWELVE-MONTH MORATORIUM
ON THE ISSUANCE OF PERMITS
FOR WORK IN THE U.S. 20
CORRIDOR.
Whereas, the Iowa and Illinois
Deparb'nents of Transportation are
conducting a U.S. 20 Mississippi River
Crossing Study;, and
Whereas, the issuance of permits in
the study corridor of U.S. 20 could
impact the study.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 11 (Buildings
and Building regulations) of the City of
Dubuque Code of Ordinances is
hereby amended by amending Section
163 Regular Session, April 19, 1999
11~58.1 as follov~:
Section 11-58.1 Moratsdum - For
work in the U.S. 20 Corridor
The building official shall not issue any
permit for any new construction or
substantial enlargement, alteration,
repair or remodeling of any structure,
building or sign in the U.S. 20 corddor
(Dodge Street), but not including
demol~on, from the eastern corporate
limits of the City of Dubuque westerly to
the intersection of U.S. 20 (Dodge
Street) with Cherokee Drive/Collins
Street, as shown on the maps on fiie at
the Office of the City Clerk, 50 W. 13a
Street, Dubuque, Iowa, during the
pedod from May 1, 1999 to May 1,
2000, except where a vested dght to
the issuance of such permit accrued
pdor to May 6, 1998.
Section 2. This ordinance shall take
effect on May 1, 1999.
Passed, approved and adopted this
19th day of April, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
Apdl, 1999.
Mary A. Davis CMC, City Clerk
1 t 4/27
Buol moved that the requirement
that a pmpoeed 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
Robbins. Motion carried 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Robbins, Motion carded 7-0,
An Ordinance Amending Code of
Ordinances by deleting subsection (e)
and adding new subse~ons (e), (0
and (g) to Section 32-263 relating to
angle parking and adding portions of
4th Street and 5th Street to new
subsection (f), with first reading given
on 3-15 and second reading given on
4-5, now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 31-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA, BY
DELETING SUBSECTION (e) AND
ADDING NEW SUBSECTIONS (e), (f)
AND (g) TO SECTION 32-263
RELATING TO ANGLE PARKING
AND ADDING PORTIONS OF
FOURTH STREET AND FIFTH
STREET TO NEW SUBSECTION (t')
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section I. That the Code of
Ordinances of the City of Dubuque,
iowa, be amended by deleting
Subsection (e) of Section 32-263
thereof as follows:
(e) Vehicles having a greater length
than twenty feet (20') overall, shall not
be permitted to park at an angle upon
any street. Vehicles shall be parked
within spaces indicated and with front
wheel of the vehicle against the curb,
upon the following streets designated
from time to time as streets where
angel parking is perm~ed:
First Street, from the First to Second
Street Connector to Main Street.
Second Street, from the First to
Second Street Connector to Locust
Street,
Section 2, That the Code of
Ordinances of the City of Dubuque,
owa be amended by adding
Subsection (e) to Section 32-263
thereof as follows:
(e) Vehicles having a greater length
than twenty feet (20') overall, shall not
be permitted to park at an angte upon
any street
Section 3. That the Code of
Ordinances of the City of Dubuque,
owa be amended by adding
Subsection (f) to Section 32-263
thereof as follows:
(f) Vehicles shall be parked within
spaces indicated and with a front wheel
of the vehicle against the curb, upon
the following streets designated from
time to time as streets where front-in
angle parking is permitted:
First Street, from the First to Second
Street connector to Main Street
Second Street, from the First to
Second Street Connector to Locust
Street.
Section 4. That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by adding
Subsection (g) to Section 32-263
thereof as follows:
(g) Vehicles shall be parked within
spaces indicated and with a back
wheel of the vehicle against the curb,
upon the following streets designated
from time to time as streets where
back-in angle parking is permitted:
Fourth Street, north side, from iowa
Street to Main Street
Fifth Street, north side from iowa
Street to Locust Street.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Reqular Session, April 19~ 1999
Attest MaryA: Davis, City Clerk
NOT PUBLISHED AS OF JUNE 1,
1999
Buol moved final consideretion and
passage of the Ordinance. Seconded
by Nicholson. Carded by the following
vote: Yeas---Buol, Nicholson, Robbins,
Voetherg. Nays--Duggan, Markham,
MichalskJ.
An Ordinance Repealing Section 32-
271 relating to backing for the
purposes of parking in the business
distdct and adopting in lieu thereof a
new Section 32-271, with tirst reading
given on 3-15 and second reading
given on 4-5, now presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 32-99
AN ORDINANCE REPEALING
SECTION 32-27'1 RELATING TO
BACKING FOR THE PURPOSES OF
PARKING IN THE BUSINESS
DISTRICT AND ADOPTING IN LIEU
THEREOF A NEW SECTION 32-271
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 32-271 of
the Code if Ordinances of the City of
Dubuque, Iowa be repealed and the
following new Section 32-271 be
adopted in lieu thereof:.
In the Business District the ddver of a
vehicle shall not back the vehicle
between parked vehicles in order to
park the ddver's vehicle unless the
ddver can do so without interfering with
traffic.
Section 2. This ordinance shall take
effect upon publication.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest. Mary A: Davis, City Clerk
NOT PUBLISHED AS OF JUNE 1,
1999
Budi moved final consideration and
passage of the Ordinance. Seconded
by Nicholson. Carded bythe following
vote: Yeas--Budi, Nichdison, Robbins,
Voetberg. Nays---Duggan, Markham,
Michalski.
Council Member Markham left the
Chambers.
City Manager requesting public
hearing be set for June 7, 1999, to
consider voluntary annexation request
of William & Jennifer Duffy for their
residence at 9606 Maquoketa Drive,
and Jennifer Duffy requesting that this
annexation request be tabled,
presented and read. Jennifer Duffy
spoke requesting that the annexation
be tabled. Voetberg moved that this
matter be tabled. Seconded by Buol.
Motion carded 6-0.
City Manager requesting public
headng be set for June 7th to consider
vdiuntary annexation request of
Grandview Avenue United Methodist
Church for approx. 20 acres of land
adjacent to John F. Kennedy Road and
the Dubuque Soccer Complex on the
City's northwest side, presented and
read. Michalsk~ moved thet the request
be approved and.the Public Hearing
set for 6-7-99 at 7:00 p.m. in the Public
Ubrary Auditorium and that the City
Clerk publish notice in the manner
prescribed by law. Seconded by Buol.
Motion carded 6-0.
Council Member Markham returned
to the Chambers.
City Manager recommending public
headng be held on May 3, for Fiscal
Year 1999 Budget, presented and
read. Voetberg moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO, 175-99
RESOLUTION DIRECTING THE CITY
CLERK TO PUBLISH PROPOSED
AMENDMENT TO THE FISCAL YEAR
199 BUDGET AND DATE OF PUBLIC
HEARING
Whereas, it is proposed that the
City of Dubuque amend its Fiscal year
1999 budget; and
Whereas, Section 384.16 of the
Code of Iowa stipulates that a public
headng must be held on such a budget
amendment.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk by
and is hereby authorized and directed
to publish notice of public headng on
an amendment to the adopted budget
for the City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution and Headng set for May 3,
1999. Seconded by Robbins. Motion
carded 7-0.
City Manager recommending public
165 Regular Session, April 19, 1999
hearing be set for May 3 to consider
vacating a portion of Clearview Drive,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 176-99
RESOLUTION APPROVING PLAT OF
OF PROPOSED VACATED
CLEARVIEW DRIVE
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated March 22,
1999, prepared by Buesing &
Associates, describing the proposed
vacated podion of Clea~dew Drive; 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. Thatthe plat dated March
22, 1999, prepared by Buesing &
Associates, rela~ve to the real estate
hereinabove described be and the
same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat for and en behalf of
the City of Dubuque, Iowa.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstrucfing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electdc lines as may be
authorized by the City of Dubuque,
Iowa as shown on the attached plat.
Section 3. That the City Clerk be
and ia 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
19m day of April, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A~ Dav~s, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichclson.
Motion carried 7-0.
An Ordinance Vaca§ng of a portion
of Clearview Drive, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 33-99
ORDINANCE VACATING A PORTION
OF CLEARVIEW DRIVE
Whereas, Mike Firmin Ford has
requested the vacating of a poYdon of
Clearview Drive; and
Whereas, Buesing & Associates has
prepared and submitted to the City
Council a plat showing the vacated
po~on of Clearview Ddve and
assigned a lot number thereto, which
hereinafter shall be known and
described as Lot 4A of Northview
Center Grove Place, in the City of
Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this po~on of Clea~ew Drive is no
longer required for public use, except
for uti[~ easements as noted, and
vacating of said portion of Clea,Mew
Drive known as Lot 4A of North'view
Center Grove Place in the City of
Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate
described as Lot 4A of Northview
Center Grove Place in the City of
Dubuque, Iowa, be and the same is
hereby vacated.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, as shown on the plat of Lot 4A of
Northview Center Grove Place in the
C~ of Dubuque, Iowa.
Passed, approved and adopted this
19~ day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 27th day of
Apdi, 1999.
Mary A: Davis CMC, City Clerk
1 t 4/27
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
N[cholson. Motion carried 7-0. Buol
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 177-99
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
4A OF NORTHV]EW CENTER GROVE
Reqular Session, April 19i 1999
166
PLACE IN THE CITY OF DUBUQUE,
IOWA
Whereas, the Mike Finnin Ford has
requested the vacating of a po~on of
Clearview Ddve.
Whereas, Buesing & Associates has
prepared and subm;~ed to the
Council a plat showing the vacated
por~on of Ctsa~ew Drive and
assigned lot numbers thereto, which
hereinafter shall be known and
described as Lot 4A of Nor~hvtsw
Center Grove Place in the City of
Dubuque, Iowa; and
Whereas, the Cb Council of the C
of Dubuque, Iowa has determined that
this vacated po~on of Clea~ew Drive
is no longer required for public use,
except for utility easements as noted,
and vacating and sale of said po~ons
of alleys and streets known as Lot 4A
of Nor~hv~ew Center Grove Placa in the
Cb of Dubuque, Dubuque County,
Iowa should be approved.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. ThattheC~ofDubuque
intends to dispose of its interest in Lot
4A of Northview Center Grove Place in
the City of Dubuque, Iow~.
Section 2. That the conveyance of
Lot 4A of Northview Center Grove
Place in the City of Dubuque, Iowa to
the Mike Finnin Ford be contingent
upon the payment of $300.00, plus
platting, publication and tiling fees.
Section 3. The City of Dubuque
reserves unto tise~ a perpetual
easement including the r~ght of ingress
and egress thereto, for the purpose of
ereddng, installing, constructing,
reconstruddng, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and etsctric lines as may be
authorized by the City of Dubuque,
Iowa as shown on the plat of Lot 4A of
Northview Center Grove Ptace in the
City of Dubuque, Iowa.
Section 4. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
19~ day of April, 1999.
Terranca M. Duggan, Mayor
Attest: MaryA: Davis, CityClerk
Buol moved adoption of the
resolution setting this matter for Public
Hearing on 5-3-99 at 7:00 p.m. in the
Public Library Auditorium and that the
City Ctsrk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
City Manager subm~ng documents
providing for construction of Dubuque
Greyhound ParkAir-Cond~oning Un~t,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
RESOLUTION NO. 178-99
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,
spec~cations, form of contract and
estimated cost for the Dubuque
Greyhound Park and Casino Kennel
HVAC Replacement Project, in the
estimated amount of $162,000.00, are
hereby approved and ordered tiled in
the office of the City Clerk for public
inspec~on.
Passed, adopted and approved this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, Cb Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 179-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the Cb Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, spec'r~cations, and form of
contract and placed same on tile in the
office of the City Clerk for public
inspec~on of the Dubuque Greyhound
Park and Casino Kennel HVAC
Replacement Project
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUE~UQUE, IOWA:
That on the 17th day of May, 1999, a
3ubJic hearing will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and spec~cations,
form of contract and cost of said
improvement and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day tixed for its
consideration. At the hearing, any
interested person may appear and file
167 Regular Session, April 19, 1999
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
19th day of April, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO, 180-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Dubuque Greyhound Park
and Casino Kennel HVAC
Replacement Project is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to biddem
hereby approved as a part of the plans
and specitications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulafion in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
foKy-five days pdor to the receipt of
said bids at 2:00 p.m. on the 4th day of
May, 1999. 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 17th day of
May, 1999.
Passed, adopted and approved this
19th day of April, 1999.
Torrance M. Duggan, Mayor
Attest; Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager submitting documents
providing for construction of 1999
Asphalt Paving Project- FY2000,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Mofion
carried 7-0.
RESOLUTION NO. 181-99
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,
spec'r~catirms, form of contract and
estimated cost for the 1999 Asphalt
Paving Project - FY2000, in the
esfimated amount of $178,639.11, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
19th day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest; Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 182-99
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, specificafions, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the 1999 Asphalt Paving
Project - FY2000.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 17th day of May, 1999, a
public hearing wi~ be held at 7:00 p.m.
in the Public Ubrary Auditorium at
which time interested pemons may
appear and be heard for or against the
proposed p~ans 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 prior to the day fixed for its
consideration. At the headng, any
interested pemon may appear and file
objections to the proposed p~ans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest. Mary,&. Davis, City Clerk
Buol moved adoption of the
rssolutJon. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 183-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the 1999 Asphalt Paving
Project - FY2000 is hereby ordered to
be advertised for bids for construction,
Reqular Session, April 19, rl 999
168
BE IT FURTHER RESOLVED, that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 6th day of
May, 1999. Bids shall be opened and
read by the C~ Clerk at said time and
will be submitted to the Council for final
action at 7:00 p.m. on the 17th day of
May, 1999.
Passed, adopted and approved this
19th day of April, 1999.
Torrance M. Duggan, Mayor
Attest Mary A; Davis, City Clerk
Buol moved adop~on of the
resolution. Seconded by Robbins.
Motion carded 7-0.
City Manager submitting documents
providing for construc~on of Jackson
Street Reconstruc~on, presented and
read. Vostberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
RESOLUTION NO. 184-99
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE JT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
That the proposed plans,
specifications, form of contract and
estimated cost for the Jackson Street
Reconstruction, in the estimated
amount of $752,633.89, ara hereby
approved and ordered tiled in the office
of the C~ Clerk for public inspection.
Passed, adopted and approved this
19th day of Apdl, 1999.
Torrance M. Duggan, Mayor
Attest: MaryA; Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 185-99
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 placed same on file in the
office of the City Clerk for public
inspection of the Jackson Street
Reconstruction.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
That on the 17th day of May, 1999, a
public headng will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the headng, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
19th day of Apnl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA; Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 186-99
RESOLUTION OF NECESSITY
Whereas, proposed plans have been
duly prepared and approved by the City
Council of the City of Dubuque and are
now on tile in the office of City Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount
proposed to be assessed against each
lot and the valuation of each lot as filed
by the City Council, for the Jackson
Street Reconstruction.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
That the City Council deems it
advisable and necessary for the public
welfare to make the herein mentioned
Improvements, and unless property
owners at the time of the final
consideration of' this proposed
resolution have on tile with the City
Clerk obje~ons to the resolution of
necessity, they shall be deemed to
have waived all objections pertaining to
the regularity of the proceeding and the
legality of using the special
assessment procedure.
1,69
Regular Session, April 19, 1999
Said improvements shall be
constructed and done in accordance
with the plans and specifications which
have been approved by the City
Council and now on file with the City
Clerk. That the cost and expense of
making such improvement will be
assessed partially or totally against
privately owned property lying with the
assessment limits, and in an amount
not to exceed that provided by law, and
in propoYdon to the special benefits
conferred.
The portion of the cost which shall
be borne by the City will be paid from
the Street Construction Fund, the Local
Option Sales Tax Fund, the Storm
Sewer Construction Fund, the Water
Depreciation Fund, and special
assessment bonds may be issued in
anticipation of deferred payments of
assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the
contractor.
The above resolufion was
introduced, approved and ordered
placed on file with the City Clerk this
19th day of Apdl, 1999.
Approved and placed on file for finat
action.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 187-99
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City
of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications and form of
contract and placed same on file in the
office of the City Clerk for public
inspection, for the Jackson Street
Reconstru~on, and,
Whereas, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on file in
the City Clerk's office for public
inspection.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 17th day of May, 1999,
a public headng will be held at 7:00
o'clock p.m. in the Public Library
Auditorium in the City of Dubuque at
which time the owners of property
subject to assessment for the proposed
improvement or any other person
having an interest in the matter may
appear and be heard for or against the
making of the improvement, the
boundaries of the disthct, the cost, the
assessment against any lot, or the final
adoption of a resolution of necessity
and the City Clerk be and is hereby
authorized and 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
)ublished once each week for two
consecutive weeks, the first publicafion
of which shall be not less than ten days
)dot to the day fixed for its
consideration. Unless property owners
at the time of the final consideration of
this proposed resolution have on file
with the City Clerk objeclJons to the
Resolution of Necessity they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
19th day of April, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 188-99
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the attached sheets, 1 to 2
inclusive, are hereby determined to be
the schedule of proposed assessments
for the Jackson Street Reconstruction
and the valuations set out herein are
hereby approved.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrsnce M. Duggan, Mayor
Attest: MaryA. Davis, CityClerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 189-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Jackson Street
Reconstruction 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.
Re,qular Session, April 19~ 1999
170
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days pdor to the receipt of
said bids at 2:00 p.m. on the 11th day
of May, 1999. Bids shall be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final actcton at 7:00 p.m. on the 17th day
of May, 1999.
Passed, adopted and approved this
19th day of Apdl, 1999.
Terranca M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
· Motion carded 7-0.
City Manager submitting documents
providing for construction of 1999 P.C.
Concrete Paving Project - No. 1,
presented and read. Markham moved
that the communication be received
and ~ed. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 190-99
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 1999 P.C.
Concrete Paving Project - No. 1, in the
estimated amount of $2,569,757.42,
are hereby approved and ordered flied
in the office of the City Clerk for public
inspection.
Passed, adapted and approved this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest; MaryA, Davis, CityClerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 19'1-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given ~
prctmina~y approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the 1999 P.C. Concrete
Paving Project - No. 1.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 17th day of May, 1999, a
public headng will be held at 7:00 p.m.
in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
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 prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and ifie
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted and approved this
19th day of Apdl, 1999.
Terranca M. Duggan, Mayor
Attest MaryA. Davis, CityClerk
Markham moved adoption of the
Rssolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 192.99
RESOLUTION OF NECESSITY
VVhereas, proposed plans have been
duly prepared and approved by the City
Council of the C~ of Dubuque and are
now on file in the office of City Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount
proposed to be assessed against each
lot and the valua~on of each lot aa flied
by the City Council, for the 1999 P.C.
Concrete Paving Project - No. 1.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.
That the City Council deems it
advisable and necessary for the public
weEare to make the herein mentioned
Improvements, and unless property
owners at the time of the final
consideration of this proposed
rssolufion have on file with the City
;lerk objections to the resolution of
lecessity, they shall be deemed to
~ave waived all objections pertaining to
the regularity of the proceeding and the
legality of using the special
assessment procedure.
Said improvements shall be
constructed and done in accordance
with the plans and specifications which
have been approved by the City
Counct and now on tile with the City
Clerk. That the cost and expense of
].7]_ Regular Session, April 19, 1999
making such improvement will be
assessed papally or totally against
privately owned property lying with the
assessment limits, and in an amount
not to exceed that provided by law, and
in proportion to the special beneC~ts
conferred.
The portion of the cost which shall
be borne by the City will be paid from
the Street Construction Fund, Local
O~on Salss Tax Fund, Sanitary Sewer
Constru~on Fund, and the Water
Depreciation Fund, and special
assessment bonds may be issued in
· anticipation of deferred payments of
assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the
contractor.
The above resolution was
introduced, approved and ordered
placed on file with the C~ Clerk this
19th day of April, 1999.
Approved and placed on file for final
action.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 193-99
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City
of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications and form of
contract and placed same on file in the
office of the City Clerk for public
inspection, for the 1999 P.C. Concrete
Paving Project- No. 1, and,
Whereas, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on file in
the City Clerk's office for public
inspection.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 17th day of May, 1999, a
public headng will be held at 7:00
o'clock p.m. in the Public Library
Auditorium in the City of Dubuque at
which time the owners of property
subject to assessment for the proposed
improvement or any other person
having an interest in the matter may
appear and be heard for or against the
making of the improvement, the
boundaries of the district, the cost, the
assessment against any lot, or the final
adoption of a resolution of necessity
and the City Clerk be and is hereby
authorized and directed to cause a
notice of time and I~lace of such
headng to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
published once each week for two
consecutive weeks, the first publicaiton
of which shall be not less than ten days
~dor to the day fixed for its
consideration. Unless property owners
at the time of the final consideration of
this proposed resolution have on file
with the City Clerk objections to the
Resolution of Necessity they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, C~Clerk
Markham moved adop~on of the
Resolution. Seconded by Robbins.
Mofion carded 7-0.
RESOLUTION NO. 194-99
RESOLUTION APPROVING PRE-
LIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the attached sheets, 1 to 9
inclusive, ara hereby determined to be
the schedule of proposed assessments
for the 1999 P.C. Concrete Paving
Project - No. 1 and the valuations set
out herein ara hereby approved.
Passed, approved and adopted this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 195-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the 1999 P.C. Concrete Paving
Project - No. 1 is hereby ordered to be
advertised for bids for construction.
BE tT FURTHER RESOLVED, that
the amount of the securf['y to
accompany each bid shall be in an
amount which shall conform to the
)rovisions of the notice to bidders
hereby approved as a part of the plans
and specific~ons heretofore adopted.
That the City Clerk is hereby directed
to adveCdse for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
Regular Session, April 19~ 1999
172
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 27th day
of May, 1999. Bids shall be opened
and read by the City Clerk at said time
and wi[l be submitted to the Council for
flnaJ action at 7:00 p.m. on the 7th day
of June, 1999.
Passed, adopted and approved this
19th day of Apdl, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to redaes~
property North of Asbury Rd. and west
of Northwest Artedal from AG to PUD
and amend distdct for Asbury Plaza
Shopping Center (Corey Development
Ltd.), presented and read. Budi moved
that the communication be received
and 'died. Seconded by Robbins.
Motion carried 7-0.
An Ordinance rezcning property
located North of Asbury Road and west
of the Northwest Artedal from AG
Agricultural Distdct to PUD Planned
Unit Development with a PC Ptanned
Commercial designation and amending
the existing PUD District for Asbury
Plaza Shopping Center, presented and
read. Budi moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings prior to the
meeting at which it is to be finally
passed be suspended. Seconded by
Robbins. Motion carded 7-0. Buol
moved that a Public Headng be held on
the proposed Ordinance on the 3rd
day of May, 1999 at 7:00 p.m. in the
Public Library Auditorium and that the
C~ Clerk publish notice in the manner
prescribed by law. Seconded by
Robbins. Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to amend the
tD Disthct for Univemity of Dubuque,
presented and read. Buol moved that
the communication be received and
flied. Seconded by Robbins. Motion
carded 7-0.
An Ordinance Amending ID
Institutional District at University of
Dubuque to allow expansion for the
library and a new parking lot st the
northwest corner of AJgona and
Bennett Streets, 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 meeUng
at which it is to be finally passed be
suspended. Seconded by Robbins.
Carded by the following vote:
Yeas--Duggan, Buol, Markham,
Nicho~son, Robbins, Voetberg.
Nays--Michalski. Budi moved that a
Public Headng be he~d on the
proposed Ordinance on the 3rd day of
May, 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
Robbins. Motion carded 7-0.
Zoning Advisory Commission
advising of their denial to amend the
PUD District for Medical Associates
Clinic (1500 Associates Drive),
)resented and read. Michalsld moved
that the communication be received
and 'died. Seconded by Budi. Motion
carded 7-0.
John Patrick, Pres. of Amedcan
Asso. Realty, spoke requesting that
this be set for Headng.
An Ordinance Amending the PUD
Planned Unit Development Disthct to
aiJow two identificafion signs up to 300
square feet in area and 40 feet in
heigh~ presented and read, Michalski
moved that a Public Headng be held on
the proposed Ordinance on the 3rd day
of May, 1999 st 7:00 p.m. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
)rescdbed by law. Seconded by Buol.
Motion carded 7-0.
Zoning Advfsory Commission
advising of their approval to rezone
property at 605 Bluff St from OR to C-4
District, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Markham. Motion carded 7-0.
An Ordinance Amending Zoning Map
by reclassifying property at 605 Bluff
Street from OR Office Rssiden'dal
District to C-4 Downtown Commercial
District (Kathleen FreemanNVashington
Westport Corp., Inc.), 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 'dnally
passed be suspended. Seconded by
Markham. Carded by the following
vote: Yeas--Duggan, Buol, Markham,
].73 Regular Session, April 19, 1999
Nicholson, Robbins, Voetberg.
Nays--Michalski. Buol moved that a
Public Headng be held on the
proposed Ordinance on the 3rd day of
May, 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
Markham. Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to re. zone
property at 3536 Crescent Ridge from
PUD (with PR designation), R-1 and
AG to R-3 District (Michael Steele),
presented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carded 7-0.
An Ordinance Amending Zoning Map
by reclassifying property at 3536
Crescent Ridge from PR Planned
Residential, R-1 Single-Family
Residential District, and AG Agricultural
Distdct to R-3 Moderate Density Multi-
Family Residential District, presented
and read. Buo[ 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
Robbins. Mo'don carded 7-0. Buol
moved that a Public Headng be held on
the proposed Ordinance on the 3rd day
of May, 1999 at 7:00 p.m. in the Public
Library Auditorium and that the City
Clerk publish notice in the manner
prescdbed by law. Seconded by
Robbins. Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property at 3616 Crescent Court from
R-1 to C-3 Distdct (Mike Finnin),
prssented and read. Buol moved that
the communication be received and
filed. Seconded by Robbins. Motion
carried 7-0.
An Ordinance Amending Zoning Map
by reclassifying prope~ at end of
Crescent Court from R-1 Single-Family
Residential District to C-3 General
Commercial District, presented and
read. Buol movedthatthe requirement
that a pmpossd 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
Robbins. Motion carded 7-0. Buol
moved that a Public Headng be held on
the proposed Ordinance on the 3rd day
of May, 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.
Zoning Advisory Commission
advising of the approval' of text
amendment to the Zoning Ordinance
regarding sign regulations (City of
Dubuque), presented and read. Buol
moved that the communication be
received and fi]ed. Seconded by
Robbins. Motion carded 7-0.
An Ordinance Amending Zoning
Ordinance regarding Section 4-3 Sign
Regulations and Section 8 Definitions
of the Zoning Ordinance to permit
canopy signs for gas stations and
financial institutions in C-2, C-3, C-4,
C-5, PC, CR, LI, MHI, HI and P[
Districts, 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 Robbins.
Motion carded 7-0. Buol moved that a
Public Headng be held on the
proposed Ordinance on the 17th day of
May, 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.
There being no further business,
Voetberg moved to adjourn. Seconded
by Robbins. Mo'don carded 7-0. The
meeting adjourned at 9:30 P.M.
Is/Mary A. Davis CMC,
Cb Clerk
Reqular Session, April '19~ 1999 174
Approved ~ ~' ,1999
Adopted .. /¢'~'~', ~, 1999
Council Membe~
A~es
Ci~ Clerk /