1999 August Council ProceedingsSpecial Session, August 2, 1999 330
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
August 2, 1999
Council met at 5:30 P.M. Public
Library Auditorium
Present: Mayor Duggan, Council
Membem Buol, Markham, Michalski,
Nicholson, Robbins, Voetberg.
Staff and Others Present: Laura
Carstens, Mike Koch, Gus Psihoyos,
Pauline Joyce, Kyle Kr'rtz, Ron Smith,
Bob Green, Pat Friedman.
There was a discussion on
development standards and policies for
City Utii~es and Infrastructure.
There being no fuKher business,
upon consensus this special meeting
adjourned at 6:38 P.M.
/s/MaP/A. Davis CMC,
City Clerk
Approved.(~~/' ,1999
AdopterS/ 1999
L/ Council Meml:w~s
Cb Clerk~/
33] Regular Session, August 2, 1999
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
August 2, 1999
Council Met at 7:00 P.M., Public
Library Auditorium
Present: Mayor Duggan, Council
Membem Buol, Markham, Michalsld,
Nicholson, Robbins, Voetberg, City
Manager Michael Van M[lligen,
Corporation Counsel Barry A. Undahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
propedy come before the Council.
Invocation was given by Deacon
Dave McGhee, Pastoral Associate of
Nativity Catholic Chumh.
PROCLAMATIONS -- Aug. 4 thru
Oct. 31 as "United Way Campaign
Time" received by Jim Hall.
MINUTES SUBMITTED -- Airport
Commission of 5-24 & 6-14; Cable TV
Regulatory of 7-14; 5 Flags of 7-19
(canceled); Housing Commission of 7-
13; Park & Recreation Commission of
7-13; Zoning Advisor, Commission of
7-7, presented and read. Voetberg
moved that the minutes be received
and tiled. Seconded by Robbins.
Motion carried 7-0.
Printed Council Proceedings for
month of June, 1999, presented for
approval. Voetberg moved that the
proceedings be approved as printed.
Seconded by Robbins. Motion carried
Proofs of Publication on publishing
minutes for council meetings of June
23 & July 6, 1999, presented and read.
Voetberg moved that the proofs be
received and tiled. Seconded by
Robbins. Motion carried 7-0.
Substance Abuse Services Center
submitting their quarterly report,
presented and read. Voetberg moved
that the communication be received
and tiled. Seconded by Robbins.
Motion carried 7-0.
NOTICE OF CLAiMS/SUITS: John
Hartwick in unknown amount for
personal injuries; Sy~vestar Otting in
unknown amount for personal injures;
John Penning in amt. of $1,97.33 for
vehicle damages; Robert Puls in
amount of $234.42 for vehicle
damages; Art & Lela Tigges in
unknown amount for backup sewer
damages; Jill Vondran in unknown
amount for vehicle damages,
presented and read. Voetherg 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 Communities
Assurance Pool; Property damage of
Glen L. Albert; Property damage of
Judy A. Hohmann; Personal injury of
Alice J. KJrpes; Vehicle damage of Igor
Kogoutiouk; Property loss and CMl
Rights of Harian Kyle; Property
damage of Mildred Ucht; Property
damage of Pead R. Meyers, presented
and read. Voetberg moved that the
communica~on be received and tiled.
Seconded by Robbins. Motion carried
Corporation Counsel recommending
$100.00 payments be author[zed and
paid as part of the Sanitary Sewer
Backup Assistant Program to Louis
Henddck and Mr. & Mrs. Russell
Hibben, presented and read. Voetherg
moved that the communication be
received and flied and approved
recommendations for payment.
Seconded by Robbins. Motion carried
7-0.
Beth Lynch submitting her
resignation from Environmental
Stewardship Advisory Commission,
presented and read. Voetberg moved
that the resignation be received and
tiled and accepted with regreL
Seconded by Robbins. Motion carried
7-0.
Copy of letter from Resurrection
Cemetery Association expressing
concerns with development of property
and construction project to the east of
the cemetery, presented and read.
Michalski moved that the
communication be received and tiled.
Seconded by Markham. Motion carded
Reqular Session, Au.qust 2, 1999
332
7-0.
Michalski request-ed that City Staff
contact Corey Development to express
City's concerns regarding development
and constru~on in this area.
Dubuque Jaycees, KDTH and KAT-
FM Radio requesting to conduct a
fireworks display on Fdday July 3, 2000
from 9:00 p.m. to 10:30 p.m. located on
Volunteer Road between Hawthorne
and Lime, presented and read.
Voatberg moved that the
communication be received and filed
and request approved. Seconded by
Robbins. Motion carded 7-0.-
Environmental Protection Division of
State of Iowa submitting the
Westewater Compliance Evaluation
Inspection report, presented and read.
Voetherg moved that the
communication be received and tiled.
Seconded by Robbins. Motion carded
7-0.
IDED advising Audit Report for
Dubuque Housing Se~ces has met
with satisfactory compliance, presented
and read, Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
Delbert and Larry Miller reques~ng
vacation of Kane Court located in West
Ridge 2nd Addition, presented and
read. Voetberg moved that the
communication be referred to the City
Manager. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
apprevsi of Webb Al(iance as the
prima~y consultant for the Housing
Se.wices Department's Future Search
Conference and planning process,
presented and read. Voetberg moved
that the communication be received
and flied. Seconded by Robbins.
Motion carded 7-0.
City Manager recommending
approval of an application for a
$200,000 REAP grant from DNR to
acquire land adjacent to the Dubuque
Star Brewery needed to construct the
Mississippi Riverwsik, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 411-99
APPLICATION FOR RESOURCE
ENHANCEMENT AND PROTECTION
FUNDS TO THE IOWA DEPARTMENT
OF NATURAL RESOURCES FOR
THE MISSISSIPPI RIVERWALK
PROJECT
Whereas, the Iowa Department of
Natural Resources has allocated grant
funds for the development of natural
areas, recreational trails and facilities
for pedestrians and bicycles; and
Whereas, the City has an adopted
Riverfrent Plan which places high
priority on hike/bike trail development
along the Mississippi River and the
linkage of the e~sting Heritage Trail
with the Mines of Spain State
Recreational Area; and
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby
authorized to sign and the C~ Planner
is hereby authorized to submit the
resolution and the application to the
Iowa Department of Natural Resources
for Resource Enhancement and
Protection Funds for the Mississippi
Rivarvvalk project
Section 2. That the City Council
authorizes the City Manager to utilize
budgeted Capital improvement
Program funds to provide the tinancial
match for this project should the
application be approved by the Iowa
Department of Natural Resources.
Section 3. That in the event said
applica'don is approved, the C~
Council hereby provides its written
assurance that the completed project
will be adequately maintained for its
intended use for a minimum of twenty
(20) years following project completion.
Section 4. That the City of Dubuque
agrees to abide by ali local, state and
federal requirements applicable to the
proposed project.
Passed, approved and adopted this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest Mary.A. Davis, C~ Clerk
Voetherg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
Dubuque Greyhound Park & Casino
requesting 3rd amendment to their
1999 ClP Schedule to allow purchase
of 4 video reel slot machines at a cost
notto exceed $122,000 with the source
being DRA Rese~e Funds-
Contingency and City Manager
recommending approval of request,
and read. Vostberg moved
that the communications be received
and filed and request approved.
333 Regular SeSsion, August 2, 1999
Seconded by Robbins. Motion carded
7-0.
City Manager recommending
- . acceptance of Alta Place Storm Sewer
Extension, presented and read.
Voetberg moved that the
communication be received and flied.
Seconded by Robbins. Motion carded
7~0.
RESOLUTION NO. 412-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the Alta
Place Storm Sewer Extension
Improvements Project has been
completed and the City Manager has
examined the work and filed his
certificate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
acceptance.
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 improvement be and the
same is hereby accepted.
BE tT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Local Option Salss Tax Fund and
the Road Use Tax Fund in amount
equal to the amount of this contract,
less any retained percentage provided
for therein.
Passed, approved and adopted this
2nd day of August, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, C~ Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 413-99
FINAL ESTIMATE
Whereas, the contract for the Alta
Place Storm Sewer Extension
Improvements Project has been
completed and the C~ Engineer has
submitted his final estimate showing
the cost thereof including the cost of
ectmatss, 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 $58,337.09 and the said amount
shall be paid from the Local Option
Sales Tax Fund and the Road Use Tax
Fund.
Passed, approved and adopted this
2nd day of August, 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 final assessment(s) for
1998 Sidewalk Assessment Project,
~resented and read. Voetberg moved
that the communication be received
and filed. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 414-99
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1998 SIDEWALK
ASSESSMENT 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 PUBESH
NOTICE 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 showing
the assessments proposed to be made
for the construction of the 1998
Sidewalk Assessment Project, which
schedule was filed in the office of the
C~ Clerk on the 28th day of July,
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
respec~ve sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the
respective propertes 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 proportion to
the special benefits conferred and not
Reqular Session, August 2, 1999
334
in excess of twenty-five percent of the
value of same.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
cerlJflcation 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 par[ 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 iestallments and
will draw annual interest at nine (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
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
~ .TOTAL ASS
Larry & Michelle Oyen
Lot 8 Blk 5 Sunset Park Sub. 533.60
Thomas & Noreen Larson
Lot 1-3 BIk 6 Sunset Park Sub
$294.40
~onald & Lora Avenarius
Lot 10 BIk 8 Sunset Park Sub. $239.20
Thomas & Julie Burke
Lots 19, 20 BJk 5 Hillcrest Park Sub.
$489.44
Gerald & Bernice Scherrer
Lot 5 Gerald Scherrer Sub. $633.88
Stacy & Miles Coble
NW 1/4 Lot 8 & Lot 2
SW 1/4 Lot 10, John Kings Sub.
$55.02
Dale Sprague
Lot 1 SW 1/4 Lot 10 John Kings Sub.
$257.60
Robert Ellis
Lot 6 South Ave. Add. $379.96
Gregory Csshman
Lot 9 E. Langworthy's Addn. $676.20
TOTAL: $3,559.30
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-O.
City Manager recommend ng
approval and execution of IA Dept. of
Public Health Chi dhood Lead
Poisoning Funding and Agreement with
the Visiting Nurse Association (VNA),
presented and read. Council Member
Voetberg moved that the
communication be received and flied
and recommendation approved.
Seconded by Council Member
Robbins. Motion carded 7-0.
RESOLUTION NO. 414A-99
A RESOLUTION AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE
TO SIGN A CONTRACT WITH THE
IOWA DEPARTMENT OF PUBLIC
HEALTH AND AN AGREEMENT
WITH THE DUBUQUE VISITING
NURSE ASSOCIATION.
Whereas, the City of Dubuque has
established such a local childhood lead
poisoning prevention program; and
Whereas, the Iowa Department of
Public Health has offered to provide
financial support for actM~es re~ating to
the Iocat childhood lead poisoning
~prevention pregram in the City of
Dubuque; and
Whereas, the City of Dubuque will
~revide environmental and medical
case management of iden~ed lead
)oisoned children in addition to
community outreach and education on
the problem of childhood lead
poisoning.
Whereas, the City of Dubuque must
provide medical case management for
ali lead poisoned children in the city,
and provide community outreach and
education; and
Whereas, the City of Dubuque will
enter into an agreement with the
Dubuque VIsing Nume Association to
)rovide medical case management of
lead poisoned children and conduct
community outreach and education for
the ci~zees of Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Ses~on 1. That the City of Dubuque,
Iowa hereby approves the attached
contract between the Iowa Department
of Public Hea~th and the City of
Dubuque, Iowa.
Regular Session, August 2, 1999
Section 2. That the attached
Memorandum of Understanding by and
between the City of Dubuque, Iowa and
the Dubuque Visi~ng Nume
-- Association is hereby approved.
Section 3. That the City Manager or
his designee is hereby authorized and
directed to execute said contract and
agreement on behalf of the City of
Dubuque, Iowa.
Passed, approved and adopted this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 415-99
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 Papem
within said City.
RENEWALS
Billy Buck's, Inc. Billy Buck's East St.
Tap 521 E. 22nd St.
King of Clubs Inc. Freddy's King of
Clubs 1902 Central Ave
NEW
Jymie Lyons Jym's Bar
1700 Central Ave
Passed, approved and adopted this
2nd day of August, 1999.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 416-99
Whereas, applications for Beer
Perm~ have been submitted and t~led
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 flied
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "B' BEER PERMIT
Smoke Shack Bar-B-Q Inc Smoke
Shack Bar-B-Q+(Sunday Sale)
2255 J.F~K. Rd
CLASS "B") PERMIT
(SPECIAL ONE-DAY EVENT}
Four Mounds Foundation Inc. Four
Mounds Foundation +(Outdoor Sale)
3rd St-Harbor
Chuck Isenhart Dub. Area Labor
/Management+(Outdoor Sale)Tent A
Town Clock
Chuck Isenhart Dub. Area Labor
/Management+(Outdoor Sale}Tent B
Town Clock PIz
Chuck lsenhart Dub. Area Labor
/Management+(Outdoor Sale)Tent C
Town Clock P[z
Passed, approved and adopted this
2nd day August, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 417-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
muse to be issued the following named
applicants a Liquor License.
CLASS "C"(COMMERCIAL)
BEEPJLIQUOR LICENSE
Carol Meyers/LisaTott Tott's Tap
+(Outdoor Sale-1 Day )
3457 Jackson St
Apple Corps, LP Applebee's
Neighborhood Gdll+(Sunday Sale)
1355 Associates Dr
Passed, approved and adopted this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest'. MaryA: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
BOARDS AND COMMISSIONS:
Individuals are invited to address the
Council to express their desire to serve
on various Boards/Commissions.
HOUSING COMMISSION
Applicants: Timothy Crabb, David
Kapler, Harry Neustadt, Dan Teply III,
Reqular Session, August 2, 1999
Paula Stenlund, Thomas Swift II.
David Kapler spoke.
TRANS~ BOARD OF TRUSTEES-
Applicants:-Geo~e Enderson, Joer
Ugh~ap and Michael Sand. No one
spoke.
TV CABLE TELEPROGRAMMING
COMMISSION - Applicants: Paul Kohl
and Sr. Carol Hoverman. St, Carol
Hoverman spoke.
APPOINTMENTS to the following
Boards/Commission.
ELECTRICAL CODE BOARD *
Applicants: James Dixon, Kevin Pfohl,
Dan Hammet, David Pregler, Troy
Coakley, and Elaine Reiss.
Electrical Contractor posi~on
applicants: James Dixon & Kevin Pfohl.
Vote for that appointment was as
follows: Budi voted for Dixon. Duggan
voted for Dixon. Markham voted for
Dixon. Michaiski voted for Dixon.
Nichoison voted for Dixon. Robbins
voted for Dixon. Vostberg voted for
Dixon. Therefore James Dixon
appointed to the three year term that
will expire 5-21-02 for the Electrical
Contractor position.
Electrical Journeyman/
Maintenanceman position - needs two.
Applicants: Dan Hammel, Kevin Pfohl,
David Pregler. Vote on the two
appoin~3"nents was as follows: Buol
voted for Hammet and Pfohl. Duggan
voted for Hammel and Pregler.
Markham voted for Hammel and Pfohl.
Micha[ski voted for Hammel and PfohL
Nichoison voted for Hammel and Pfohl.
Robbins voted for Hammel and
Pregler. Voetherg voted for Hammel
and PfohL Therefore, Dan Hamme~
reappointed and Kevin Pfohl appointed
to three year terms to expire 5-21-02
for the Journeyman/Maintenance
positions.
At Large position - Need 1, now
Pregler. Applicants: Troy Coakley,
David Pregler. Buol voted for Coaldey.
Duggan voted for Pregler. Markham
voted for Pregler. Michalski voted for
Pregler. Nicholson voted for Pregler.
Voetberg voted for Coaldey. Therefore,
David A. Pregler reappointed to a three
year term to expire 5-21-02 for the At
Large position.
Electrical Engineer - Need 1, Now
Reiss. Applicant Elaine Reiss.
Michalsld moved that Elaine Reiss be
rea.ppoiated to a three year term to
expire 5-21-02 for the Electrical
Engineer posYdon. Seconded by
Robbins. Motion carded 7-0.
336
TV CABLE REGULATORY
COMMISSION - Applicant Ronald
Tigges. Voetberg moved that Ronald
Tigges be reappointed to a three year
term - which .will - expire 6-30-02,
Seconded by Robbins. Motion carded
7-0,
Robbins moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Nishoison. Motion
carded 7-0.
Proof of publication ceYdfied to by
the Publisher on Notice of Public
Headng to consider reclassifcng
property located at 1561 Jackson St
from R-2A to OR Distdct as requested
by St Mary's Church Corporation;
Communications of Pat & Harold
Keeler; Made Welter;, Edward
Karwoski, St.; Mrs. Mary Asbell;
Petition containing 108 signatures;
Hareld Rissselman; Marcella
Riesselman and Gerald A. McGinnity
objecting to proposed reclassifica'don,
3reseated and read. Buol moved that
the communication be received and
filed. Seconded by Michalski. Motion
carded 7-0.
Sisters of Charity, BVM, (Opening
Doors) requesting approval of
rezoning, presented and read. Bud
moved that the communication be
received and tiled. Seconded by
Michalsld. Motion carded 7-0.
Sister Helen Huewe on behalf of
"Opening Doors' spoke to the
requested rezoning for the Mada
House,
Deacon Tim LoBianco of St Mary's &
St. Pat's spoke of the definite need for
this type of housing. Mary Kay
Podzen, Karen Whalen, Joyce
Huseman, Sister lnez Tummeyer, and
Jim Holz all spoke endorsing this
project.
Liliian Kramer, Edward Karwoski,
Marce~la RiesseJman, Donald
Hoppman, spoke objecting to the
proposed project
An Ordinance Amending Zoning Map
by reclassifying property at 1561
Jackson Street from R-2A Altemate
Two-Family Residential District to OR
Office Reside. nfial District, with first and
second g~ven on 7-19-99, now
)resented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 63-99
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
337 Regular Session, August 2, 1999
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 1561 JACKSON STREET FROM
R-2A- ALTERNATE- TWO-FAMILY
RESIDENTIAL DISTRICT TO OR
OFFICE RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Appendix A (The
Zoning Ordinance) of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying the
hereinafter described property from R-
2A Alternate Two-Family Residential to
OR Office Residential District, to wit:
North 130 feet of City Lot 493 of the
Original Town and to the centedine of
the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the Cb of Dubuque,
Iowa.
Section 3. This ordinance shall take
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
2nd day of August, 1999.
Terranca M. Duggan, Ma~,or
Attest: MaryA: Davis, Cb Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of
August, 1999.
Mary A: Davis CMC, City Clerk
It 8/9
Buol moved final consideration and
passage of the Ordinance. Seconded
by Michalski. Motion carded 7-0.
Proofs of Publication on Notice of
Hearing on Plans & Specs. and Notice
to Bidders on the Receipt of Bids for
Klingenberg Terrace Retaining Wail
Reconstruction Project and City
Manager recommending to award
contract for project, presented and
read. Michalski moved that the proofs
and communication be received and
tiled. Seconded by Voetherg. Motion
carded 7-0.
RESOLUTION NO. 418-99
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 Klingenberg
Terrace Retaining Wall Reconstruction
Project, in the estimated amount of
$336,183.00, are hereby approved
and ordered tiled in the office of the
City Clerk for public inspection.
-' Passed, adopted and approved this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Rasolution. Seconded by Voetberg.
Motion carded 7-0.
RESOLUTION NO. 419-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Klingenberg Terrace Retaining Wall
Reconstruction Project pursuant to
Resolution No. 388-99 and notice to
bidders published in a newspaper
published ia the City of Dubuque, Iowa
on the 9th day of July, 1999.
Whereas, said sealed proposals
were opened and read on the 22th day
of July, 1999, and it has been
determined that the bid of Portzen
Construction inc. of Dubuque, Iowa, in
the amount of $279,989.80 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Podzen
Construction Inc. and the Manager be
and is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Voetberg.
Motion carded 7-0.
Proof of publication cer~fied to by
the Publisher on Notice of Public
Headng to consider issuance of not to
exceed $3,200,000 Urban Renewal Tax
Increment Revenue Bonds for Kerper
Re.qular Session, Au.qust 2~ 1999
33;q
Boulevard Industrial. Park Economic
Development District, presented and
road. Vostberg moved that the proof
be roceived and tiled. Seconded by
· ~ Nichelson..Motion carried 7-0.
Bud Isenhart spoke questioning the
totel costs of the entire area.
RESOLUTION NO. 420-99
RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED
$3,200,000 URBAN RENEWAL TAX
INCREMENT REVENUE BONDS
Whereas, pursuant to notice
published as requirod by law, this
Council has held a public meeting and
hearing upon the proposal to institute
proceedings for the issuance of not to
exceed $3,200,000 Urban Renewal Tax
Incroment Revenue Bonds for the
purpose of pay costs of aiding in the
planning, undertaking and carrying out
of urban renewal project actMties
under the authority of Chapter 403 of
the Code of Iowa and the Urban
Renewal Plan for the Kerper Boulevard
Industdel Park Economic Development
District, including those costs
associated with the funding of an
economic development grant to
Dubuque Eagle, LLC, a Nevada limited
liability company, pursuant to and
under the condi~ons set forth in that
certain Development Agroement dated
as of February 15, 1999 by and among
the City of Dubuque, Eagle VV~ndow &
Door, inc., an Iowa corporation, and
Dubuque-Eagle, LLC, in respect of
certain minimum improvements to be
constructed and jobs to be maintained
and created by said pa~es in the
Kerper Boulevard Industrial Park
Economic Development District under
said Development Agreement, and has
considerod the extent of obje~ons
received from residents or property
owners as to said proposed issuance;
and, accordingly the following adtion is
now considered to be in the best
interests of the City and residents
theroof:
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That this Council does
heroby institute proceedings and takes
additional action for the sale and
issuance in the manner required by law
of not to exceed $3,200,000 Urban
Renewal Tax Incroment Revenue
Bonds for the foregoing purpose.
Sec'don 2. The City Manager is
authorized and dirocted to proceed on
behalf of the City with the negotiation of
the terms of said Urban Renewal Tax
Increment Revenue Bonds, to select a
date for .the sale and authorization
theroof, to cause to be prepared such
notice and sale information as may
appear appropriate, to publish and
distribute the same on behalf of the
City and this Council and othen~ise to
take ali adtion necessary to permit the
sale of said Urban Renewal Tax
Increment Revenue Bonds on a basis
favorable to the City and acceptable to
the Council.
Passed and approved this 2nd day
of August, 1999.
Terrance M. Duggan, Mayor
Mary.A. Davis CMC, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nishoison.
Motion carded 7-0.
Voetberg moved to remove the
following item which was tabled at the
Meeting of July 6, 1999. Seconded by
Robbins. Motion carried 7-0.
Proofs of publication cer~ed to by
the Publisher on Notice of Headng on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of 1999 Curb Ramp Installation - CDBG
AND City Manager recommending to
award contract for project, presented
and read. Michaiski moved that the
~roofs and communication be received
and tiled. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 421-99
RESOLUTION ADOPTING AMENDED
PLANS AND SPECIFICATIONS
Whereas, on the 2nd day of June,
1999, plane, specifications, form of
contract and estimated cost were tiled
with the City Clerk of Dubuque, Iowa
for the 1999 Curb Ramp Installation -
CDBG Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
roquirod by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1: That the streets included
in the 1999 Curb Ramp Installation -
CDBG Project be amended by deleting
Algona Street and substituting
therefore Jackson Street between 14th
and 18th Streets.
Se~ee 2: That the said amended
plans, specifications, form of contract
and estimated cost arc hereby
339 Regular Session, August 2, 1999
approved as the plans, specifications,
form of contract and estimated cost for
said improvements for said project.
Passed, adopted and approved this
2nd day of August, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 422-99
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
1999 Curb Ramp Instailafion - CDBG
pumuant to Resolution No. 313-99 and
notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 11th day of
June, 1999.
Whereas, said sealed proposals
were opened and read on the 22nd day
of June, 1999, and it has been
determined that the bid of Perry
Construcfion of Dubuque, Iowa, in the
amount of $57,572.40 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 Perry
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
2nd day of August, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Cisrk
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion carded 7-0.
HEARINGS to cons[der Penalties for
Tobacco Permit Holders and approve
penalties as required by Chapter
453A.3 of the Iowa Code.
FIRST OFFENSE FOR $300.00
ASSESSMENT: AMOCO Food Shop
1450 Loras Blvd.; Aragon Tap;
Bodinss; Dubuque Racing Association;
IOCO Speede Shoppe; Tugboat
Willy's; Hartig Drug 700 Town Clock,
presented and read. Micha[ski moved
that the communications be received
and filed and penalties approved.
Seconded by Nicholson. Motion
carded 7-0.
Myra &Stan Woodman of the
Aragon Tap and a spokesman from
Harfig Drug Co. spoke requesting
leniency.
SECOND VIOLATION within two
years - 30 day suspension of the
permit:. Angies and KWIK Stop, 2360
Central Ave., presented and read.
Michalski moved that the
communicafions be received and filed
and penalties approved. Seconded by
Nichoison. Motion carried 7-0.
THIRD VIOLATION within five years
- 60 day suspension of the permit:
Martin Auto Magic, presented and read.
Michalski moved that the
communication be received and filed
and pena~ approved. Seconded by
Nicholson. Motion carded 7-0.
MERCHANTS HOTEL BUILDING
DEMOLiTION AND SITE CLEARANCE
(30 days extension granted on July 6,
1999). City Manager responding to
Chamber of Commerca's inquiry about
parking availability and communication
from the partnership of Jeff Bertsch,
Mike Steele and John Gronen advising
of their withdrawal on proposal to save
the Merchants Hotel, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nichoison. Carded by
the following vote: Yeas--Mayor
Duggan, Council Members Buol,
Markham, Nichoison, Robbins,
Vostberg. Nays--Michalski.
RESOLUTION NO. 423-99
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 14th day of May,
1999, plans, spec'~cstJons, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for the Merchants Hotel Building (304-
326 Main Street) Demolition and Site
Clearance Project.
Whereas, notice of heating on plans,
specifications, form of contract and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
Regular Session~ August 2~ 1999
hereby approved . as the plans,
specifcations, form of contract and
es~Jmated cost for said improvements
for said project.
-Passed, adopted and approved this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA: Davis, CH Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Carded by the following vote:
Yeas--Duggan, Buol, Markham,
Nicholson, Robbins, Voetberg.
Nays--Michalski.
RESOLUTION NO. 424-99
RESOLUTION AWARDING
CONTRACT FOR MERCHANTS
HOTEL BUILDING (304-326 MAIN
STREET) DEMOLITION AND SITE
CLEARANCE PROJECT
Whereas, eealed proposals have
been subm~ed by contractors for the
Merchants Hotel Building (304-326
Main Street) Demolition and Site
Clearance Project pursuant to
Resolution No. 244-99 and notice to
bidders published in a newspaper
published in the City of Dubuque, Iowa
onthe 1st day of June, 1999.
Whereas, said sealed proposals
were opened and read on the 15th day
of June, 1999 and it has been
determined that the bid of Tschiggffie
.Excavafing Company of Dubuque, Iowa
In the amount of $244,140 was the
lowest bid for the furnishings of all
labor and matadals 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
Tschiggfde Excavating Company and
the City Manager be and is hereby
directed to execute a contract on behalf
of the City of Dubuque for the completa
performance of the work.
Section 2. 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
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest; Map/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Carried by the following vote:
Yeas--Duggan, Buol, Markham,
NichoJson, Robbins, Voetberg.
34O
Nays--Michalski.
City Manager subm~ng an
Ordinance providing for the prohibi~on
on the use of Jake .Brakes in the City,
presented and read. Markham moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carded 7-0.
Ed Tschiggfde spoke of the
additional braking safety factor
necessary with Jake Brakes and
objected to their prohibifon.
An Ordinance Amending City Code
of Ordinances by enacfing a new
Secfion 32-118 prohib~ng the use of
Jake-Brakes presented and read.
Counc Member Markham moved to
table this matter to re-examine the
Ordinance and to see if a straight pipe
or failure to use a proper muffler should
be attached to this Ordinance.
Seconded by Nicholson. Motion
carded 7-0.
City Manager recommending denial
to construct a fence on City right-of-
way at 3725 Asbury Rd., Buol moved
that the communication be received
and filed and recommendafion of denial
approved. Seconded by Voetberg.
Motion carded 7-0.
TABLED FROM MEETING OF JULY
19, 1999 - Upon mo~on the following
was removed from the table: CH
Manager submitfing comments
recommending Parking Revenues for
the expansion of the F~h St, Parking
Ramp, presented and read. Voetberg
moved that the communication be
received and filed and approved
recommendation and Staff was
instructed to prepare proper parking
rates increase Ordinance. Seconded
by Buol. Motion carded 7-0.
Cfty Manager advising of the
Housing Commission's appointment of
members to the Planning Committee
for Future Search Conference. and
requesting a delegate from the City
Council, presented and read. Voetberg
moved that the communication be
received and filed and that Council
Member Michalski be appointed.
Seconded by Nicholson. Mofion
carded 7-0.
City Manager recommending David
Ha~g serve es an alternate for Watier
Paterson on the Bnlboard Ad Hoc
Committee, representing the
Regular Session, August 2, 1999
Environmental Coalition, presented and
read. Robbins moved that the
communication be received and filed
and recommendation approved.
Seconded by Vostberg.-Motion carried
7-0.
City Manager recommending
approval of final plat of Emerald Acres
No. 2, presented and read. Robbins
moved that the communication be
received and filed. Seconded by
Nichoison. Motion carried 7-0.
RESOLUTION N~. 425-99
A RESOLUTION APPROVING THE
FINAL PLAT OF EMERALD ACRES
NO. 2 IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with
the City Clerk a final plat of Emerald
Acres No. 2 in the City of Dubuque,
Iowa; and
Whereas, upon said final plst
appears, streets to be known as
Tanzanite Drive, Sapphire Circle and
Millennium Drive (Lot A), together with
cer[ain public utility and sewer
easements and storm water detention
facility, 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
endorsed thereon; and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon, subject
to the owners agreeing to the
conditions noted in Section 2 below;,
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; and
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedication of
Tanzanite Ddve, Sapphire Circle (Lot
A) and Millennium Drive 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
Emerald Acres No. 2 is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said final plat,
provided the owners of said property
herein named, execute their written
acceptance hereto attached agreeing:
a. To reduce Tanzanite Dr~e and
Sapphire Circle and Millennium Ddve to
grade and to construct concrete curb
and gutter and to hard surface with
asphaltic concrete, or with 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,
including interceptor lines and sewer
service laterals into each indMdual lot,
water mains and water .service laterals
into each individual lot, storm sewers
and catch basins, boulevard street
lighting and erosion control devices si~
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 storm water
detention facility in a 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,
and maintain said detention facility until
80 percent of the sum of the platted
lots are fully developed and the
remaining 20 percent of said lots have
instaJled adequate erosion control
measures as approved by the C~
Engineer.
d. To provide easements for sanitary
sewer lines, storm sewer lines, and
detention area lying outside the
boundaries of Emerald Acres No. 2, but
are essential to the development of
said subdivision.
e. 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.
f. To maintain the public improvements
for a period of two (2) years from the
date of acceptance of those
improvements by the C~ of Dubuque,
Iowa, at the sole expense of the
owners or future owners.
And further provided that said T-
Corp., as owners of said property, shall
secure the per[ormance of the
foregoing conditions provided in this
Regular Session, August 2~ 1999
342
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
abut~ng the public rights-of-way,
including lots with multiple frontages
as mquirad by CH Code 41-16~
through 41-164. The responsibility
shall extend to all successors, heirs
and assignees. Sidewalk instaliatior
wilt not be required until the
development of the'Jot has been
completed, except as required herein.
In sparsely developed subdMsions,
sidewalks on developed lots wilt not be
required until 50% of the lots approved
by the plat have been developed. All
vacant lots shall have sidewalks
insteiled upon development of 80% of
the lots approved by the plat
Section 4. Thatthefinal acceptance
of all public improvements shall occur
upon certification of the City Engineer
to the City Council that all public
improvements have been completed in
accordance with the improvement
plans and City standard spec~cations
and accepted by City Council
Resolution.
Section 5. That maintenance
expenses incurred by the City of
Dubuque for the storm water detention
facility shall be assessed against Lots
1 through 29 in equal amounts, and the
City Manager shall certify such costs to
the City Clerk, who in turn shall
pramptly certify such costs to the
Dubuque County Treasurer, and such
costs shall then be collected with an in
the same manner as general property
taxes in accordance with provisions of
law.
Se~on 6. That in the event T-Corp.
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
provisions hereof shall be null and void
and the acceptance of the dedication
and approval the plat shall not be
effective.
Passed, approved and adopted this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 425- 99
I, Edward D. Tschiggfde, the
undersigned, representing T-Corp.,
owner and developer, having read the
terms and cond~ons of the Resolution
No. 425-99, and being familiar with the
conditions thereof, hereby accept the
same and agree to the conditions
requ red therein.
Dated this 2nd day of August, 1999.
T-Corp., Owner and Developer
- -By:/s/Edward D. Tschiggfde,
President
Robbins moved adoption of the
Resolution. Seconded by Niche]son.
Motion carried 7-0.
City Manager recommending
vacating per'on of Clara Street and set
hearing for August 16, 1999,
presented and read. Vostberg moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 426-99
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED CLARA
STREET
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated July 6,
1999, prepared by IIW Engineers &
Surveyom, P.C., describing the
proposed vacated ps,on of Clara
Street; and
Whereas, said plat conforms to the
Jaws 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 July
6, 1999, prepared by IIW Engineers &
Surveyors, P.C., reia~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 on behalf of
the City of Dubuque, Iowa.
Section 2. The CH of Dubuque
reserves unto itself a perpetual
: easement including the right of ingress
and egress thereto, for the purpose of
eracting, installing,., constructing,
reconstructing, repamng, owning,
operating, and maintaining water,
sewer, drainage, gas telephone, tv
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, as shown on the plat of Lot lA of
Thomas E. Byrne Subdivision in the
C~ of Dubuque, Iowa.
Section 3. That the City Clerk be and
is hereby authorized and dirscted to tile
said plat and cer~ed copy of this
reeelu~on in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
2nd day of Auguat, 1999.
Terrance M. Duggan, Mayor
Attest Mary A: Davis, City Clerk
3/*3 Regular Session, August 2, 1999
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
- -An Ordinance Vacating a portion of
Clara St. abutting Lots 6, 12 & 13
Thomas Byrne Subdivision, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 64-99
ORDINANCE VACATING A PORTION
OF CLARA STREET ABUTTING
LOTS 6, '12, & 13 OF THOMAS E.
BYRNE SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA
Whereas, Mercy Medical Center has
requested the vacating of a portion of
Clara Street abutting Lots 6, 12, and 13
of Thomas E. Byrne Subdivision in the
City of Dubuque, Iowa; and
Whereas, IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated portion of a
potion of Clara Street and assigned lot
numbers thereto, which hereinafter
shall be known and described as Lot
lA of Thomas E. Byrne Subdivision in
the City of Dubuque, Dubuque County,
Iowa;
Whereas, Mercy Medical Center has
agreed to construct a new cul-de-sac
and relocate public utilities in
accordance with plans to be prepared
by I1%/ Engineers & Surveyors, P.C.
and approved by the City Engineer.
Whereas, the C~ Council of the City
of Dubuque, Iowa has determined that
this poCdon of Clara Street is no longer
required for public use, except for utility
easements as noted, and vacating of
said portions of Clara Street known as
Lot IA of Thomas E. Byrne Subdivision
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 lA of Thomas E.
Byrne SubdMsion 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,
reconstructng, 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 lA of
Thomas E. Byrne Subdivision in the
City of Dubuque, Iowa.
Passed, approved and adopted this
2nd day of August, 1999.
- -Terrance M.-Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 9th day of
August, 1999.
Mary A. Davis CMC, City Clerk
It 8/9
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 carried 7-0.
Voetherg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 427-99
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
IA OF THOMAS E. BYRNE
SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas, the Mercy Medical Center
has requested the vacating of a portion
of Clara Street; and
Whereas, IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated portion of Clare
Street and assigned lot numbers
thereto, which hereinafter shall be
known and descdbed as Lot lA of
Thomas E. Byrne Subdivision in the
City of Dubuque, Iowa; and
Whereas, Mercy Medical Center has
agreed to construct a new cul-de-sac
and relocate public utilities in
accordance with plans to be prepared
by IIW Engineers & Surveyors, P.C.
and approved by the City Engineer.
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this portion of Clara Street 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 lA of Thomas E.
Byrne Subdivision in the C~ 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 ~ interest in Lot
IA of Thomas E, Byrne SubdMsion in
the City of Dubuque, Iowa.
Section 2. That the conveyance of
Re.qular Session, Au.qust 2,1999
344
Lot lA of Thomas E. Byrne Subdivision
in the City of Dubuque, Iowa to the
Mercy Medical Center be contingent
upon the payment of $4,085 00, p us
platting, publication and tiling fees.
Section 3. That Mercy Medical
Center shall construct a new cul-de-sa,
in accordance with plans approved by
the City Engineer and relocate all
necsssap/utilities at their sole expense
within two (2) yearn from the date of
acceptance of this resolu~on.
Section 4. 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, tv.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, as shown on the plat of Lot IA of
Thomas E. Byme Subdivision in the
City of Dubuque, Iowa.
· 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
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Voetberg moved adoption of the
Resolu~on and further set this matter
for P.ublic Hearing on 8-16-99 at 7:00
p.m. m the Public Librep/ Auditorium
and that the City Clerk publish notice in
the manner prescribed by law.
Seconded by Nicholson. Motion
carded 7-0.
City Manager submititng documents
providing for construction of Wm. M.
Black Restora~on - Phase III (Hold
Lead Abatement and Surface
Encapsulation) project, presented and
read. Voetberg moved that the
communication be received and flied.
Seconded by Nichdison. Motion
carried 7-0.
RESOLUTION NO. 428-99
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,
specificatons, form of contract and
estimated cost for the William M. Black
Steamboat Restoration Project - Phase
tll, in the ectmatad amount of
$95,000.00, are hereby approved and
ordered tiled in the office of the City
Clerk for public inspe~on.
Passed, adopted and approved this
2nd day of August, '1999.
Terrance M. Duggan, Mayor
Attest: Maw A. Davis, City Clerk
Voetberg moved adoption of the
R~sdicton. Seconded by Nichdison.
Motion carded 7-0.
RESOLUTION NO. 429-99
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 tile in the
office of the City Clerk for public
inspecton of the William M. Black
Steamboat Restoration Project - Phase
IlL
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of September,
1999, a public hearing will be held at
7:00 p.m. in the Public Ubrary
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 C~
Clerk be and is hereby directed to
cause a notice of time and place of
such headng to be published in a
newspaper having generei cimulcton
in the City of Dubuque, Iowa, which
nctce shall be not less than four days
nor more than twenty days pdor to the
day Red for its consideration. At the
hearing, any interested person may
appear and tile objections to the
proposed plans, specifications,
contract, or ectmated cost of the
~mprovement.
Passed, adopted and approved this
2nd day of August, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetherg moved adoption of the
ResdiutJon. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 430-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the William M. Black Steamboat
3/,5 Regular Session, August 2, 1999
Restoration Project - Phase Ill is
hereby ordered to be adveddsed for
bids for construction.
BE IT FURTHER RESQLVED, 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 edveCdse 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 26th day of August, 1999. Bids
shall be opened and read by the City
Clerk at said time and will be submitted
to the Council for final acfion at 7:00
p.m. on the 7th day of September,
1999.
Passed, adopted and approved this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Map/A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager submitting documents
providing for construcfion of Sanitary
Sewer Reconstruction in alley between
Rhornberg and Garfield from Stanton to
Shires Ave. project, presented and
read. Voetberg moved that the
communication be received and filed·
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO, 431-99
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,
specificafions, form of contract and
estimated cost for the Sanitary Sewer
Reconstruction Project - Alley Between
Rhomberg and Garfield, from Stanton
to Shires, in the esfimsted amount of
$124,100.62, are hereby approved and
ordered filed in the office of the City
Clerk for public inspection.
Passed, adopted and approved this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest Mary A: Davis, City Clerk
Rob~ins moved adopfion of the
resolution. Seconded by Nichalson.
Motion carried 7~0.
"RESOLUTION NO. 432-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the C~
of Dubuque, iowa has given its
preliminary approval on the proposed
plans, sped~cations, and form of
contract and placed same on file in the
office of the City Clerk for public
inspecfion of the Sanitary Sewer
Reconstrucfion Project - Alley Between
Rhomberg and Garfield, from Stanton
to Shiras.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of September,
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
nctice shall be not less than four days
nor more than twenty days pdor to the
day tixed for its consideration. At the
headng, any interested person may
appear and file objecfions to the
proposed plans, specifications,
contract, or estimated cost of the
Improvement.
Passed, adopted and approved this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA: Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 433-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Sanitary Sewer
Reconstruction Project - Alley Between
Rhomberg and Garfield, from Stanton
to Shires is hereby ordered to be
adverased for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
Reqular Session, August= 21 1999
346
amount which shall conform to the
provisions of the notice to biddem
hereby approved as a part of the plans
and specifications heretofore adopted.
That' the-City Clerk 'is hereby
TM
directed to advertisa 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 26th day of August, 1999. Bids
shall be opened and read by the City
Clerk at said time and will be submitted
to the Council for tinal action at 7:00
p.m. on the 7th day of September,
1999.
Passed, adopted and approved th~s
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending public
headng be held on August 16, to
consider quit claiming North West
Artedal right-of-way to Iowa
Department of Transportation,
presented and read. Voetberg moved
that the communication be received
and tiled. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 434-99
RESOLUTION OF INTENT TO
DISPOSE OF CiTY INTEREST IN THE
FORM OF A QUIT CLAIM DEED FOR
THE NORTHWEST ARTERIAL
RIGHT-OF-WAY TO THE IOWA
DEPARTMENT OF
TRANSPORTATION
Whereas, the Iowa Department of
Transportation has requested the
issuance of a Quit Claim Deed for the
right-of-way of the Nor[hwest Arterial
Right-of-Way (IA 32); and
Whereas, the Cb of Dubuque has
prepared and submitted to the Cb
Council a Quit Claim Deed showing the
Northwest Arterial Right-of-Way from
Dodge Street to John F. Kennedy
Road; and
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
the Quit Claim Deed for the Northwest
Artedal Right-Of-Way be issued to the
Iowa Department of Transportation.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
Of THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
intends to issue a Quit Claim Deed for
the Northwest Artedal Right-of-Way (IA
32) in the City of Dubuque, Iowa,-to the
Iowa Department of Transportation.
Section 2. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to deliver
said Quit Claim Deed for the Northwest
Artedal Right-of-Way to the Iowa
Depadrnent of Transportation to be
~ the manner as presctibed
by law.
Passed, approved and adopted this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest:. MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution and further set this matter
for Public hearing on 8-16-99 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 Robbins. Motion carried
7-9.
City Manager submitting documents
providing for construction of Cable Car
Square Histodc Lighting Project,
md read. Voetberg moved
that the communication be received
and tiled. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 435-99
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 Cable Car
Square Histodc Ligh~ng Project, in the
estimated amount of $110,516.33, are
hereby approved and ordered tiled in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholscn.
Motion carded 7-0.
RESOLUTION NO. 436-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Counc~ of the City
of Dubuque, Iow~a has given its
preliminary approval on the proposed
plans, specifications, and form of
3/*7 Regular Session, August 2, 1999
contract, and placed same on file in the
off'Ice of the City Clerk for public
inspection of the Cabla Car Square
Histodc Lighting Project.
- NOW THEREFORE, BE- IT~
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 7th day of September,
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 lass than four days
nor more than twenty days prior to the
day fixed for its consideraton; At the
headng, any interested person roay
appear and file objections to the
proposed plans, specifications,
contract, or estimated cost of the
improvement.
Passed, adopted and approved this
2nd day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 437-99
ORDERING BIDS
NOW THEREFORE, BE iT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Cable Car Square Historic
lighting Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to 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-tve days prior to
the receipt of said bids at 2:00 p.m. on
the 26th day of August. 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 7th day of September,
1999.
Passed, adopted and approved this
-2nd day of August. 1999·
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg rooved adoption of the
Resolution. Seconded by Nicho[son.
Motion carried 7-0.
There being no further business,
Voetherg moved to adjourn. Seconded
by Nicholson. Motion carried 7-0. The
meeting adjourned at 9:40 P.M.
Is/Mary A. Davis CMC.
City Clerk
Appro~ed~~ ,1999
Re.qular Session, August 16, 1999 348
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
August 16, 1999.
Council met at 7:00 P.M. Public
L~brary Auditorium
Present: Mayor Duggan, Coun~li
Member Buol, Markham, MichalskJ,
Nicholson, Robbins, Voetberg. Addng
City Manager Pauline Joyce,
Corporation Counsel Barry Lindahl.
Absent. City Manager Michael Van
Mliligen.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
propedy come before the Councli:
Invocation was given by Rev. Terry
Simm, Pastor of the First Presbyterian
Church.
Minutes Submitted: Airport
Commission of 6-28; Billboard Ad Hoc
Comm. of 8-3; Electrical Code Board
of 8-2; Environmental Stewardship
Advisory Comm. of 8-3; Human Rights
Commission of 6-14 & 7-19; Proof of
publicafion on pdnfing of Council
proceedings for meeting of 7-19-99;
presented and read. Robbins moved
that the minutes and proof be received
and filed. Seconded by Nicholson.
Motion carded 7-0.
Finance Director subm~ng financial
report for month ending July 31, 1999,
presented and read. Robbies moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carded 7-0.
NOTICES OF CLAIMS/SUITS:
Heather Dague in amount of $42.20 for
towing charges; Michael Parr in est.
amt. of $46.11 for vehicle damages;
Leona Ryan in amt. of $890.34 for
vehicle damages; Gaii& Leonard
Stoffel in amt. of $8000.00 for personal
and property damages; Kfisti
Trowbddge in amt. of $250.00 for
property damages; Michael Van Yom
m est. amc of $806.45 for vehicle
damages, presented and read.
Robbins moved that the claims and
su~s be referred to Legal Staff for
invesfigation and report. Seconded by
Nicholson. Motion carded 7-0.
-, Corporation. -Counsel . advising
following have been referred to Public
Entity Risk Se~ces of Iowa, the agent
for the Iowa Commun~es Assurance
Pool: Personal injury of John Hartwick;
Personal injury of Syivester Otting;
Vehicle damage of John Penning;
Property damage of Art & Lela Tigges;
Vehicle damage of ' Jill Vondran;
Corporation Counsel advising property
damage claim of Chades Steffen has
been forwarded to Renaissance for
handling, presented and read. Robbins
moved that the communications be
received and filed. Seconded by
Nicholecn. Motion carded 7-0.
Corporation Counsel recommending
settlement of property damage claim of
Grag & Lynn LeBlanc in amt, of
$160.00 and direct Finance Director to
issue check, presented and read.
Robbins moved that the
communication be received and flied
and recommendation approved.
Seconded by Nicholson. Motion
carded 7-0.
City Manager' recommending
approval of consent to First
Amendment to Sublease Agreement
between DRA and GDREC, presented
and read. Robbins moved that the
communication be received and filed
and recommendation approved.
Seconded by Nicholson. Motion
carded 7-0.
Zoning Advisory Commission
advising of their approval of plat at
2202 Roosevelt Rd. as requested by
Patdcla Smyth, presented and read.
Robbins moved that the
communication be received and filed.
Seconded by Nicholson. Mofion
carried 7-0
RESOLUTION NO. 438-99
A RESOLUTION APPROVING THE
SURVEY PLAT OF THE DIVISION OF
THE EAST ½ OF LOT 2 OF A PART
OF MINERAL LOT 304, IN THE CITY
OF DUBUQUE, IOWA.
Whereas, there has been filed with
the City Clerk a survey plat of the
division of the East ~ of Lot 2 of a part
of Mineral Lot 304, in the City of
Dubuque, Iowa; and
Whereas, said plat provides 0 feet of
frontage for Lot 1 of the East ½ of Lot 2
of a part of Mineral Lot 304 and Lot 2 of
349 Regular Session, August 16, 1999
the East-~ of Lot 2 of a part of Mineral
Lot 304, where 60 feet of frontage is
required by Section 42-19(b) of the
Subdivision Regulations; and
' Whereas,-said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endomed thereon; and
Whereas, said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of
the SubdMsion Regulations is waived
to allow Lot 1 of the East ½ of Lot 2 of
a part of Mineral Lot 304 and Lot 2 of
the East ~ of Lot 2 of a part of Mineral
Lot 304 to have 0 feet of lot frontage,
where 60 feet is required.
Section 2; That the survey plat of the
division of the East ½ of Lot 2 of a part
of Mineral Lot 304 is hereby approved
and the Mayor and City Clerk are
hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa upon said final plat
Passed, approved and adopted th s
16th day of August. 1999.
Torrance M. Duggan, Mayer
Attest: Mary A. Davis, C~ Clerk
Robbins moved adoption of the
resolLflJon. Seconded by Nicholson.
Motion carried 7-0.
City Manager submit'ring Resolution
authorizing City's sponsomhip of the
Dubuque County Historical Socie~s
Grant Application to DMATS for the
River Discovery Center Depot,
presented and read. Robbins moved
that the communication be rece'rved
and flied. Seconded by Nichcison.
Motion carded 7-0.
RESOLUTION NO. 439-99
RESOLUTION PROVIDING FOR
APPLICATION TO DMATS FOR TEA-
21 TRANSPORTATION ENHANCE-
MENT FUNDS FOR THE RIVER
DISCOVERY CENTER DEPOT
PROJECT BY DUBUQUE COUNTY
HISTORICAL SOCIETY
Whereas, the Dubuque Metropolitan
Area Transportation Study (DMATS)
has allocated TEA-21 Trensporta(cion
Enhancement Funds for the restora~on
and operation of historic transportation
buildings, structures, and facilities; and
Whereas, the Dubuque County
Historical Society (DCHS) has
requested City sponsorship of and will
provide the required local match for an
application to DMATS for TEA-21
Transportation Enhancement Funds for
the Restoration of the former Burlington
Quincy Depo~ which shall be part of
the River Discovery Center;, and
Whereas, the City of Dubuque
.~ases said depot building to the DCHS
for museum activities, and can
participate in the River Discovery
Center Depot Project as a sponsor.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor hereby
authorized to sign the application for
the River Discovery Center Depot
Project on behalf of the DCHS to
DMATS for TEA-21 Transportation
Enhancement Funds.
Se~on 2. That the City Council
hereby authorizes the C~ Manager to
nego'date appropdate lease
arrangements w~h the DCHS for the
depot building to comply with TEA-21
grant requirements for this project,
should the application be approved by
DMATS.
Section 3. That in the event said
application is approved, the City
Council hereby provides its written
assurance that the completed project
'Mil be maintained adequately for its
intended public use for a minimum of
twenty (20) years folio'Mng project
completion.
Section 4. That the City of Dubuque
hereby agrees to abide by all local,
state and federal requirements
applicable to the proposed project.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nichoison.
Motion carded 7-0.
City Manager recommending
approval of a Resolution astho~ing a
HUD Grant Agreement and the
Dubuque County Historical Society
contract in support of the Upper
Mississippi River National Wlid[lfe and
Fish Refuge Interpretive Center
presented and read. Robbins moved
that the communication be received
and filed. Seconded by Nichoison.
Motion carried 7-0.
RESOLUTION NO. 440-99
RESOLUTION PROVIDING FOR
GRANT AGREEMENT WITH HUD
AND SUB-GRANTEE CONTRACT
WITH THE DUBUQUE COUNTY
HISTORICAL SOCIETY FOR REFUGE
Reqular Session, August 16,1999
350
INTERPRETIVE CENTER
Whereas, the U. S. Depar'c~ent of
Housing and Urban Development
(HUD) has allocated an $800,000
Special Projects grant to the City of
Dubuque, on behalf of the Dubuque
County Historical Society (DCHS), sub-
grantee, for development of the Upper
Mississippi River National Wildlife and
Fish Refuge Interpretive Center;, and
Whereas, the DCHS will utilize the
grant funds for design development for
the Refuge Interpretive Center, which
shall be part of the River Discovery
Center.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor hereby
authorized to sign the grant agreement
with HUD and the sub-grantae contract
with DCHS for the Special Projects
grant for development of the Upper
Mississippi River National Wildlife and
Fish Refuge Interpretive Center.
Passed, approved and adopted this
16th day of August. 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Geneva M. Block, 3121 Brunswick
St., requesting vacation and purchase
of Lot 170 Belmont Addn., atthe comer
of Brunswick & Elbow Streets,
presented and read. Robbins moved
that this matter be referred to the Cb
Manager for investiga~on and report.
Seconded by Nicholson. Motion
carded 7-0.
City Manager recommending
acceptance of Dubuque Technology
Park Roadway Improvement Project -
Phase Il, presented and read. Robbins
moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0.
RESOLUTION NO. 441-99
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Dubuque Technology Park Roadway
Improvement Project has been
completed and the City Manager has
examined the work and tiled his
cedfficate stating that the same has
been completed according to the terms
of the contract, plans and
specifications and recommends it
acceptance.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
SeclJon 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the RISE Grant, General Fund, the
Road Use Tax Fund, and the Street
Construction Fund in amount equal to
the amount of this contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest Mary A: Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 442-99
FINAL ESTIMATE
Whereas, the contract for the
Dubuque Technology Park Roadway
Improvement Project has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
sstimates, 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 $506,690.58 and the said amount
shall be paid from the RISE Grant, the
General Fund, the Road Use Tax Fund,
and the Street Construction Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this
16th day of Auguat, 1999.
Terrence M. Duggan, Mayor
Attest MaryA: Davis, City Clerk
Robbins moved adoption of the
msolu'don. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending
approval of a renewed Drug
Enforcement Agreement between the
City, Dubuque County and Jo Daviess
County, IL, presented and read.
Robbins moved that the
communication be received and filed
and recommendation approved.
Seconded by Nicholson. Motion
carded 7-0.
City Manager recommending
approval of an application for the FY
1999 Law Enforcement Block Grant,
presented and read. Robbins moved
35[ Regular Session, August 16, 1999
that the communication be received
and filed and recommendation
approved. Seconded by Nicholson.
Motion carried 7-0.
Communication from Planning
Se~ces Dept. reiterating landscaping
necessary between Asbury Plaza
Shopping Center/Hy-Vee and
Resurrection Cemetery and Attorney
Brian Kane representing Resurrection
Cemetery Assn. requesting compliance
to PUD Landscaping requirements for
Asbury P~aza, presented and read.
Robbins moved that the
communications be rece'rved and flied.
Seconded by Nicholson. Motion
carried 7-0.
City Manager requesting approval of
a Notice of Intent to proceed with public
improvement for construction of a
storm sewer through Lot 6, Block 5 of
MetteI-Byrne Addn. - 1793 Glenwood
Ct., presented and read. Robbins
moved that the communication be
received and filed and request
approved. Seconded by Nicholson.
Motion carded 7-0.
City Manager submitting letter of
support for St. Mark Community Center
Grant application, presented and read.
Robbins moved that the
communication be received and tiled
and recommendation approved.
Seconded by Nicholson. Motion
carried 7-0.
Public Health Specialist
recommending continuation of
Agreement with Lisa Sesterhenn,
through the VNA, for Healthy Dubuque
2000 Project, presented and read.
Robbins moved that the
communica§on be received and tiled
and recommendation approved.
Seconded by Nicholson. Motion
carried 7-0.
REFUND REQUESTED: Diamond
Jo - GDREC (MyCap Vendors) in
amount of $75.00 on unexpired
Cigarette Perm[t, presented and read.
Robbins moved that the
communication be received and filed
and recommendation approved and
Finance Director authorized to issue
proper check. Seconded by Nicholson.
Motion carried 7-0.
Donna Ginter dba The West
Dubuque Tap requesting to transfer the
Liquor License to Fifth & S~h of Main
St. on Sept. 11 & 12th, presented and
read. Robbins moved that the
communication be received and tiled
and request approved. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 443-99
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 tiled
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "B' BEER PERMIT
Tri-State Golf Center Inc Tri-State
Golf Center+(Sunday & Outdoor Sale)
1095 Cedar Cross
CLASS 'C" BEER PERMIT
Oky Doky # 21 LLC Ok7 Doky# 21
+(Sunday Sale) 2010 Kerper Blvd
Mulgrew Oil Co. Asbury Amoco
Foodshop+(Sunday Sale}
3300 Asbury Rd
Mulgrew Oil Co. Amoco Food
Shop+(Sunday Sale) 1450 Lores Bivd
TFM Co Oky Doky # 6
+(Sunday Sale) 1256 Iowa St
Bevedy Miller Sid's Beverage
+(Sunday Sale) 2727 Dodge St
CLASS "B"(5-DAY SPECIAL EVENT)
BEER PERMIT
Donna Ginter River[est
+(Sunday/Outdoor Sale)
7th & Town Clock
Passed, approved and adopted this
16th day August, 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. 444-99
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
Regular Session, Au~lust 16, 1999
352
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)
BEEPJLIQUOR LICENSE
Clarke College Clarke College
+(Sunday Sale) 1550 Clarke Dr
King of Clubs, Inc Freddy's
King of Clubs+(Sunday Sale)
1902 Central Ave
Argot, Inc. LaMesa Mexican
Restr.+(Sunday Sale) 2700 Dodge St
David H. Erickson ' Lucky 13 Tap
+(Sunday Sale) 385 E 13th St
CLASS B (VVB) WINE PERMIT
Bevedy Miller Sid's Beverage
+(Sunday Sale) 2727 Dodge St
TFM Co. Oky Doky # 6
+(Sunday Sale) 1256 Iowa St
Passed, approved and adopted this
16th day of Augu~ 1999.
Torrance M. Duggan, Mayor
Attest: Ma~yA. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nichoison.
Moron carded 7-0.
BOARDS AND COMMISSIONS:
APPOINTMENTS to the fdilowing
Boards/Commissions:
HOUSING COMMISSION:
Applicants: Timothy Crabb, David
Kapler, Harry Neustadt, Paula
Stenlund, Thomas P. Swift, II, Dan
Teply ill
Vote on the appointments was as
follows; Buol voted for Crabb, Neustadt
and Stenlund. Duggan voted for Swift,
Neustadt and Stsnlund. Markham
voted for Crabb, Neustadt and
Stanlund. MichalskJ voted for Crabb,
Neustadt and Stenlund. Nicho~son
voted for Swift, Neustadt, and
Stenlund. Robbins voted for Swift,
Neustadt and Stenlund. Voetberg
voted for Swift, Neustadt and StanJund.
Therefore, Harry Neustadt, Paula
Stsdiund and Thomas P. Swift, J[ were
all reappointed to three year terms
which will expire 8~17-2002.
TRANSIT BOARD OF TRUSTEES:
Applicants -- George Endemon,
Joel Lightcap and Michael Sand.
Voetberg moved that the three
individuals be appointed to the Transit
Board of Trustees for three year terms
to expire July 30, 2002. Seconded by
Robbins. Motion carded 7-0.
TV CABLE TELEPROGRAMMNG
COMMISSION: Applicants -- Paul
Kohl, Sr. Carol Hoverman. Vote on the
appointment was as follows: Budi voted
for Hoverman. Duggan voted for
Hoverman. Markham voted for
Hoverman. - Michalski voted for
Noverman. Nicholson voted for
Hoverman. Robbins voted for
Hoverman. Voetberg voted for
Hoverman. Therefore, Sr. Carol
Hoverman was reappointed for a three
year term to expire June 30, 2002.
Robbins moved to suspend the rules
to allow anyone present to address the
Counciliftheyso desire. Seconded by
Nicholson. Motion carded 7-0.
Proof of Publication cedifled to by
the Publisher on Notice of Public
Hearing for waiver of franchise granting
TCI permission to charge an
administrative fee on delinquent
accounts, and Chadss Ellis, Chairman
of Cable TV Regulatory Comm.,
recommending approval of a
Conditional Waiver in the Cable
Franchise Ordinance No. 42-81 which
would allow an administrative fee on
delinq.uent accounts and inclusion of a
conspicuous notice on the monthly
statement advising consumem of that
fee, presented and read. Robbins
moved that the proof and
communication be received and flied.
Seconded by Budi. Carded by the
fdilowing vote: Yeas---Duggan,
Markham, Robbins Voetberg.
Nays~Buol, M chalski, Nichalson.
Kathy McMuilen, of TCI addressed
the Council requesting to grant
permission to charge administrative fee
on delinquent accounts.
RESOLUTION NO. 445-99
RESOLUTION (1) APPROVING AND
GRANTING THE JULY 6, '1999
PETITION OF TCl OF IOWA. (NOW
AT & T CABLE SERVICES). (2)
GRANTING A CONDITIONAL
WAIVER OF A SPECIFIC
REQUIREMENT CONTAINED IN
CABLE FRANCHISE ORDINANCE
NO. 42-81 SECTION 8.8 TO
SEPTEMBER 30, 2001.
Whereas, TCI of Iowa, Inc., al.b.a.
TCl Cablevialon of Dubuque, Inc., and
which is now iden~ed as AT&T Cable
Services, is the Grantee to the
Dubuque Cable Services Delivery
Franchise, Ordinance No. 42-81; and
Whereas, the City Council of the City
of Dubuque, Iowa, on 4/20/87, and
again on 8,~/90, granted condYdonal
353 Regular Session, Aug ust 16, 1999
wai. vers. of Ordinance No. 42-81
Section 8.8 pertaining to specific of
customer billing practices of the
Grantee within the Dubuque city limits;
and
Whereas, the Grantee, in a letter
received and flied by the City Councit
July 6, 1999, has requested a further
conditional waiver of Section 8.8 which
would permit the Grantee to apply an
administrative fee to delinquent
customer accounts at the close of each
billing cycle; and
Whereas, the Cable TV Regulatory
Commission has studied the request
and additional information researched
by the Cable Franchise Administrator,
City legal staff, and the City's
Washington, D.C. legal counsel, and
the Commission recommends that the
City Council grant the requested waiver
condifoned upon the ongoing use of a
spec[ftc form of notice on cable
subscribers' monthly bills; and
Whereas, the C~ Council finds that
the proposed waiver and condifons are
reasonable in the conduct of business,
that they would enable the Grantee to
more direly attribute costs associated
with late payments to those delinquent
accounts rather than to the entire
subscriber base, and that they would
help to reduce the number of monthly
cable service disconnects and ease the
customer se~ce staff load and
telephone line congestion associated
with the disconnect/reconnect process:
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
Section 1. That the July 6, 1999
petition of TCI of Iowa, Inc. (AT&T
Cable Se~ces) to waive the specific
requirement contained within
Ordinance No. 42-81, Section 8-8 is
hereby granted subject to the following
cond~ons:
1. That the Grantee adepts a bl31ing
policy which: a) bills on a monthly
basis: b) bills in advance of service
actually being provided; c) indicates
payment is due on a specifc due date;
d) indicates that a reasonable
administrative fee for late payment will
be assessed on accounts where
payment has not received prior to the
next b~ling cycle (approximately 7 days
after the due date); and e) disconnects
subscribers 15 days after the last day
of the service period (i.e. 45 days after
the first day of the service period).
2. That every subscriber's monthly
billing statement contain the following
sentence in as conspicuous a fashion
as possible: "If payment is not received
by the end of your billing period, a
$5.00 administrative fee for late
payment will be added to your next
monthly statement."
· - Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
Resolution. Seconded by Buol. Vote
on the motion was as follows:
Yeas--Duggan, Markham, Robbins,
Vostberg. Nays---Buol, Michalski,
Nicholsoe.
Proof of Publication cedified to by
the Publisher on Notice of Public
Hearing to consider disposing of Lot lA
of Thomas Byrne Subdivision to Mercy
Medical Center; Zoning Advisory
Commission advising of their approval
of plat located on Clara Street as
requested by Mercy Medical Center
and City Manager recommending to
proceed with sale of property,
presented and read. Michaiski moved
that the proof and communications be
received and tiled. Seconded by
Markham. Motion carried 7-0.
RESOLUTION NO. 446-99
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT IA OF THOMAS E.
BYRNE SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the C~y of
Dubuque, Iowa on the Sth day of
August, 1999, the City Counc of the
City of Dubuque, Iowa met on the 16th
day of August, 1999, at 7:00 p.m. in the
Public Ubrery Auditorium, llth and
Locust, Dubuque, Dubuque, County,
Iowa to consider the proposal for the
sale of real estate described as:
Lot lA of Thomas E. Byme
Subdivision in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and ail
objections, oral or written to the
proposal to sell such real estate,
except for easement as noted.
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 1A of Thomas E. Byrne Subdivision
in the City of Dubuque, Iowa to Mercy
Medical Center be and the same is
hereby approved for the sum of
Reqular Session, Au.q ust 16, 1999
$4,085.00 plus cost of publication,
platting and filing fees. Conveyance
shall be by Quit Claim Deed.
Section 2. That Mercy Medical
Center shall construct a new cul-de-sac-
in accordance with plans approved by
the City Engineer and relocate all
necessary u~li~ss at their sole expense
within two (2) years from the date of
this resolution.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, construction,
reconstruc'dng, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa.
Section 4. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Mercy Medical Center upon receipt of
the purchase price in full.
Section 5. That the City Clerk be
and is hereby authorized and directed
to record a cedJfied copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, C~y Clerk
ACCEPTANCE OF
RESOLUTION NO. 446-99
The undersigned, representing
Mercy Medical Center, owner and
developer, having read the terms and
conditions of the Resolution No. 446-
99, and being familiar with the
conditions thereof, hereby accept the
same and agree to the cond~ons
required therein.
Passed, approved and adopted this
16th day of August, 1999.
MERCY MEDICAL CENTER
/s/James D. Schreeder
Director- Architectural Services
Michalski moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 447-99
A RESOLUTION APPROVING THE
PLAT OF SURVEY OF LOT t AND
LOT A OF CLARA STREET PLACE,
IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with
the City Clerk a plat of survey of Lot 1
and Lot A of Clare Street Place, in the
354
City of Dubuque, Iowa; and
Whereas, upon said plat of survey
appears a street to be known as Clara
Street (Lot A), together with certain
public--uMity easements which the
owners by said final plat have
dedicated to the public forever, and
Whereas, said plat of survey has
been reviewed by the Zoning Advisory
Commission and had their approval
endorsed thereon, subject to the
owners agreeing to the conditions
noted in Section 2 below;,
Whereas, said plat of survey has
been examined by the City Council and
they find that ~t conforms to the statutes
and ordinances relating thereto.
Whereas, the City Council concurs
in the cond~ons of approval
established by the Zoning Advisory
Commission.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedications of
Clara Street (Lot A), together with the
easements for public utiJ~es, sanitary
sewer, storm sewer and water mains
as they appear upon said final plat, be
and the same are hereby accepted;
and
Sec~on 2. That the survey plat of
Clara Street (Lot A) and Lot 1 of Clara
Street Place is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said survey plat, provided the
owners of said property herein named,
execute their written acceptance hereto
sttached agreeing:
a) To reduce Clara Street cul-de-sac
grade and to construct concrete curb
and gutter and to hard surface with
aspha~c concrete, or with 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 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.
Section 3. Sidewalk installation shall
be the responsibility of the owner
abutting the ?,ublic rights-of-way,
including lots with muppie frontages,
as required by City Code 41-161
through 41-164. The responsibility
shall extend to all successors, heirs
3.55 Regular Session, August 16, 1999
and assignees. Sidewalk installation
will not be required until the
development of the lct has been
completed, except as required herein.
In spameiy--devaloped 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 bythe plat
Section 4. That in the event the
owners shall fail to execute the
acceptance and furnish the guarantees
provided in Section 2 hereof within 180
days after the date of this Resolu~/on,
the provisions hereof shall be null and
void and the acceptance of the
dedication and approval of the plat
shall not be effective.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Map/A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 447-99
I, James D. Schreeder, representing
Mercy Medical Center, the
undersigned, having read the terms
and conditions of the Resolution No.
447-99 and being familiar with the
cond~ons thereof, hereby accept this
same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 16th
day of August, 1999.
By/s/James D. Schraeder
Michals~ moved adoption of the
Resolution. Seconded by Markham.
Motion carded 7-0.
Proof of Publication cert~ied to by
the Publisher on Notice of Public
Headng to grant quit claim deed for
NW Artedal dght-of-way to IDOT and
City Manager recommending approval
on granting quit claim deed, presented
and read. Buol moved that the
communication be received and flied.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 448-99
RESOLUTION ISSUING A QUIT
CLAIM DEED FOR THE NORTHWEST
ARTERIAL RIGHT-OF-WAY TO THE
IOWA DEPARTMENT OF
TRANSPORTATION
Whereas, pursuant to resolution and
published notice of time and place of
heating, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on the 6th day of
August, 1999, the City Council of the
City of Dubuque, Iowa met on the 16th
day of August, 1999, at 7:00 p.m. in the
Public Library Auditorium, 11th and
Locust, Dubuque, Dubuque, County,
Iowa to consider the issuance of a Quit
Claim Deed for the Northwest Artedal
Right-Of-Way (IA 32) from Dodge
Street to John F. Kennedy Road; and
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
obje~ons, oral or written to the
proposal to issue said Quit Claim Deed
to the Iowa Department of
Transportation.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the issuance of a
Quit Claim Deed for property described
as the Northwest Arterial Right-Of-Way
(IA 32) from Dodge Street to John F.
Kennedy Road in the City of Dubuque,
Iowa to the Iowa Department of
Transportation be and the same is
hereby approved.
Sec'don 2. That the Mayor be
authorized and directed to execute said
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
the Iowa Department of Transportation.
Section 3. That the City Clerk be
and is hereby authorized and directed
to record a cer~fied copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
16th day of August, 1999.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0.
Thom Determan, Chairperson,
submitting the recommendation of the
Human Rights Commission as to the
proposed changes in Ch. 27 of the City
Code of Ordinances which would
include sexual odeatation as a
category of prohibited discriminatory
behavior, Judith Haley Giesen of the
Human Rights Commission, Joseph
Dover, Penney Hughes, Kathy Blau,
David Sheston, Gwen Nilles and
Deborah Lazar, Ann Barrash of
Dubuque Area Congregations United
(DACU) expressing support of a
change in City Code Ch. 27 which
would prohibit discdminaiton against
indMduals based on their sexual
preference; Steven Seng and Vedyn
Hayes obje~ng to changes as
proposed in the Ordinance, presented
Re.qular Session, Au.qust '16i 1999
and read. Voetberg moved that the
communications be received and tiled.
Seconded by Michalski. Vote on the
motion was as fdilows: Ayes---
Michalski, Voetberg. Nays---Duggan,~
Buol, Markham, Nicholson, Robbins.
MOTION FAILED 5-2.
Tom Determan spoke to the
recommendation and requested
support from Council in approving
ordinance.
An Ordinance Amending Chapter 27,
Human Relations, of the City Code of
Ordinances, by adding a new
Paragraph to Section 27-1 Defining
'Sexual Orientation,' and Amending
Sections 27-51(2), 27-61(1)-(2), 27-
71(1)-(3), 27-91(1)-(3), 27-101, 27-
131(1)-(5), 27-132(c), 27-133(a), (c),
27-134, and 27-145(1)-(3) Prohibiting
Discrimination based on "Sexual
Orientation" was presented for
approval. Voetberg moved first reading
of the ordinance. Seconded by
Michalski. Vote on the motion was as
followa: Ayes---MichaJski, Voetberg.
Nays--Duggan, Buol, Markham,
Nichdison, Robbins. MOTION FAILED
Marry Johnson of Straka Johnson
requesting extension of time for
install~on of Sidewalks on property on
Pennsylvania & the NW Arterial owned
by Aesembly of God Church and East
Dubuque Savings Bank to October 30,
1999, presented and read. Voetberg
moved that the communication be
received and flied and extension was
granted to October 30, 1999.
Seconded by Buol. Motion carried 7-0.
John Herdg requesting that sidewalk
due to be constructed on East Side of
Embassy West Dr. to the North from
Pennsylvadia Ave. to the first house on
East side of Embassy West Dr. be
deleted and installed upon completion
of improvements of structures,
presented and read. Voetberg moved
that this matter be tabled to September
7, 1999. Seconded by Robbins.
Carded by the following vote:
Yeas--Duggan, Markham, Michalski,
Nicholson, Robbins, Voetberg.
Nays---Buol.
City Manager submitting changes in
C~ Standards, Policies and Extension
of Utilities and Infrastructure to
Facilitate Development in the City,
presented and read. Voetberg moved
that the communication be received
356
and tiled. Seconded by Nicholson.
MctJon carded 7-0.
RESOLUTION NO. 449-99
RESOLUTION ADOPTING CHANGES
IN CITY STANDARDS, POLICIES
AND EXTENSIONS OF UTILITIES
AND INFRASTRUCTURE TO
FACILITATE DEVELOPMENT IN THE
CITY OF DUBUQUE
Whereas, the City of Dubuque
desires to facirr~ate development within
the corporate limits of Dubuque; and
Whereas, the City of Dubuque has
studied ways in which changes in C~
standards, policies, and extensions of
utilities and infrastructure can facilitate
development
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, 1OWA:
Section 1. That the City Council
hereby adopts the recommendations
~resentad by City staff in the report
ended Facilitating Development:
Utilities and Infrastructure Standards,
Policies, end Extensions.
Semen 2. That the C~ Manager is
hereby directed to implement these
recommended changes through
amendment of City standards, policies,
and ordinances, as appropriate.
Passed, approved and adopted this
16th day of August, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, C~ Clerk
Voetberg moved adoption of the
Resol-tion. Seconded by Nichdison.
Motion carried 7-0.
City Manager subm~ng Ordinances
setting increased fee rates in the
parking sy~em and requesting
authorization for the City Manager to
negotiate and enter into a contract for
design and specifications for an
addition to the Fifth Street Ramp with
the odginal designer, presented and
read. Voetberg moved that the
communications be received and tiled
and approved the Manager's request
to negotiate and enter into a contract
with Vedi for addition to 5th SL Ramp.
Seconded by Nicholson. Carried by
the following vote: Yess--Budi,
Markham, Michalski, Nichotson,
Robbins, Voetherg. Nays---Duggan.
Main Street Ltd. objecting to
proposed Parking Rate Increases and
Bob Felderman, Secretary of Main
Street Lt. recommending 'phased in'
fee increases, presented and read.
Voetberg moved that the
communications be received and filed.
357 Regular Session, August 16, 1999
Seconded by Nicholson. Carried by
the following vote: Yeas---Budi,
Markham, Michalsld, Nicholson,
Robbina, Voetberg. Nays--Duggan.
City Manager submitting documents
providing for stop signs at the side
streets intersecting with Auburn St. and
on Atlantic St. from Lores Blvd. to N.
Grandview Ave. and a stop sign on
Custer Street at Aigona presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Buol. Motion carded 7-0.
An Ordinance Amending the City
Code of Ordinances by adding Atlantic
Street and Auburn Street to Subsection
(b) of Section 32-213 thereof providing
for the designation of Through Streets,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 65-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CiTY OF DUBUQUE, IOWA BY
ADDING ATLANTIC STREET AND
AUBURN STREET TO SUBSECTION
(b) OF SECTION 32-213 THEREOF
PROVIDING FOR THE DESIGNATION
OF THROUGH STREETS
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa, be amended by adding Atlantic
Street and Auburn Street to Subsection
(b) of Section 32-213 thereof as
follows:
"Sec. 32-213. Throuah Streets.
(b)
AtJantic Street, from the north
property line of Loras Boulevard to the
south property line of NoAh Grandview
Avenue.
Auburn Street, from the north
property line of Loras Boulevard to the
south property line of NoAh Grandview
Avenue.
Passed, approved and adopted this
16th day of August, 1999.
Torrance M. Duggan, Mayor
Attest Ma~yA: Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of
August, 1999.
Man/A: Davis CMC, City Clerk
It 8/26
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings pdor
to the meeting at which it is to be finally
passed be suspended. Seconded by
Buol. Motion carded 7-0. Vostberg
moved final consideration and passage
of the Ordinance. Seconded by Buol.
Motion carded 7-0.
An Ordinance Amending the Code
of Ordinances of the City of Dubuque,
Iowa by modifying Subsect/on (b) of
Section 32-214 thereof providing for
the Addition of a Stop Sign on Custer
Street at Algona Street, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 66-99
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE
CITY OF DUBUQUE, IOWA BY
MODIFYING SUBSECTION (b) OF
SECTION 32-214 THEREOF
PROVIDING FOR THE ADDITION OF
A STOP SIGN ON CUSTER STREET
AT ALGONA STREET
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of
Ordinances of the City of Dubuque,
Iowa, be amended by adding Custer
Street and AJgona Street to Subsection
(b) of Section 32-214 thereof as
follows:
"~. Stoe Intersections.
(b)
Westbound
Custer Street and Algona Street
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Man/A: Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of
August, 1999.
Man/A. Davis CMC, City Clerk
1 t 8/26
Voetherg moved that the rule
requiring an ordinance to be read and
presented at two separate meetings
before adoption be suspended.
Seconded by BuoL Motion carded 7-0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Buol. Motions Carded 7-
0.
City Manager recommending
approval for right-of-way encroachment
at 1091 University, a Projecting Awning
Sign as requested by Jimmy & Debbie
Matheos, presented and read.
Regular Session, August 16, 1999
358
Vostberg moved that the
communication be received and filed.
Seconded by Nicholson. Mofion
carried 7-0.
An Ordinance Authorizing Jimmy &
Oebbie Matheos to construct a
Projecting Awning Sign at 1091
University presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 67-99
AN ORDINANCE AUTHORIZING
JIMMY AND DEBBIE MATHEOS TO
CONSTRUCT A PROJECTING
AWNING SIGN
NOW THEREFORE, BE IT
ORDAINED BY THE CITY' COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Jimmy and Debbie
Matheos, as the owner of the promises
known as 1091 Univem~, Dubuque,
Iowa, and legally described as Lot 1 of
Marsh's , *#:2, be and they are hereby
granted the revocable permit and
authority to construct and maintain a
properly awning sign under the terms
and cond~ons set forth in this
Ordinance.
Section 2. That such constructon
shall be done in accordance wfth plans
heretofore submitted by permittees and
approved by the City Manager, under
the supe~sion and direction of the City
Manager, and in accordance with alt
applicable state and federal laws and
regulations, and the Ordinances of the
C~ of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all Iiabil~ for
damages to pemons or property which
may result from the existence, Jocafion,
[natailafion, constructon or
maintenance of said awning; and
b. Procure and maintain in rome during
the term of this permit a policy of
liabil~ 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 mason of the liabil~ imposed
upon the City of Dubuque for damages
of any itnd resuitng from the location,
installation, existence, construction or
maintenance of said awning sustained
by any pemon or pemons, caused by
accident or otherwise to defend at its
own expense and on behalf of said C~
an.y. claim against the City of Dubuque
ansmg out of the location, installation,
existence, constructcton or maintenance
of awning and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the C~
of Dubuque free and harmless from
any and all claims, loss, liabil~ and
expense for-death -and/or injuries to
third persons or damages to property of
third persons, or for damage to any
properb/of the C~ of Dubuque which
may occur as a result of or in
connection with the location,
installation, construction, maintenance
~nd repair of the fac~ity, work or
~mprovement permitted herein.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement that
shodid the dght and privilege herein
granted be rescinded or revoked by the
C~ Council, perm~ees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the C~ Manager, so to do, at the r own
expense, remove said awning and in
the event of their failure to do so the
City of Dubuque sha be authorized to
remove said awning at permittess'
expense and dispose of the same, and
the permittee shall have no claim
against the City or ~ agents for
damages resuming from the removal of
said awning.
Secton 5. That perm[trees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said fadiiity 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,
~emonai injuries and/or property
damage against the perm~ess arising
out of or in anyway 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 Jimmy and Debbie
Matheos 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 a~thorized and directed to
file at perm~ees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
359 . Regular Session, August 16, 1999
Attest: MaryA. Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 67-99
The undemigned having mad and
"being familiar-with-the terms and
conditions of Ordinance No. 67-99,
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
permittees.
By:. Jimmy and Debbie Matheos
T'rae: Owners
Dated: July 28, 1999
Published officially in the Telegraph
Herald newspaper this 24th day of
August, 1999.
Mary A. Davis CMC, City Clerk
It 8/24
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
Nichdison. Motion carried 7-0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7-0.
Zoning Advisory Commission
advising of their approval to rezone
pmperbj, with cond~ons, located at
11515 English Mill Road (Dubuque
County) from County A-1 to City C-3,
R-1 and R-3 Districts as requested by
Mike Pod~en and Gerald and Judith
Sieger[ presented and read. Voetberg
moved that the communication be
received and filed. Seconded by Buol.
Motion carried 7-0.
An Ordinance Amending Zoning Map
by rezoning property located at 11515
English Mill Road in Dubuque County
from County A-I Agricultural District to
City C-3 General Commercial District,
R-I Single-Family Residential Distdct
and R-3 Moderate Density Mu~Famiiy
Residential District, concurrent with
annexation, presented and read.
Voetberg moved that the rule requiring
an ordinance to be presented and read
at two council meetings prior to
adoption be suspended and fur[her
moved that a public hearing on the
ordinance be set for September 7,
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 Budi. Motions
carried 7-0
City Manager requesting a public
heating be set for Tuesday, Sept. 7,
1999 to consider annexation as
requested by Michael Podzen,
developer-and Gerald and Judith
Sieger[, sellers, of 213 acres East of
the landfill along Highway 20 and
English Mill Road; presented and read.
Voetberg moved that the request be
approved and headng set for
September 7, 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 their approval to rezone
property on Highway 20 West near
Cousins Road intersection from AG to
C-3 District as requested by Dubuque
Metropolitan Area Solid Waste Agency,
presented and read. Budi moved that
the communication be received and
tiled. Seconded by Markham. Motion
carried 7-0.
An Ordinance Amending Zoning Map
by rezoning property on Highway 20
West (near Cousins Road intersection)
from AG Agricuiturel District to C-3
General Commercial District, presented
and read. Buol moved that the rule
requiring an ordinance to be presented
and read at two counc~ meetings prior
to adoption be suspended and fur[her
moved that a public hearing on the
ordinance be set for September 7,
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.
Motions carried 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property at Cousins Road and Highway
20 West from AG to 0-3 as requested
by Paul and Jayne CsteAN'ayne
Stewart, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded7-0.
An Ordinance Amending Zoning Map
by rezoning property at Cousins Road
and Highway 20 West from AG
Agricultural Distdct to C-3 General
Commercial District, presented and
read. Buol moved that the rule
requiring an Ordinance to be presented
and read at two council meetings prior
to adoption be suspended and further
moved that a public hearing on the
ordinance be set for September 7,
Regular Session, Au.q ust ~ 6, 1999
36O
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 Nicholson.
Motion Carried 7-0. ·
Zoning Advisory Commission
advising of their approval of text
amendment to Zoning Ordinance
regarding temporary uses, presented
and read. Voetherg moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
7-0.
An Ordinance Amending Appendix A
of the Code of Ordinances (Zoning
Ordinance) by amending Section 2-
5.3(b) Temporary Uses to allow the
City Planner to grant extensions to the
time limit for temporary uses,
presented and read. Voetberg moved
that the rule requiring an Ordinance to
be presented and read at two council
meetings prior to adoption be
suspended and further moved that a
public headng on the ordinance be set
for September 7, 1999 at 7:00 p.m. in
the Public Ubrary Auditorium and that
the City Clerk publish notice in the
manner prescribed bylaw. Seconded
byRobbins. Motion Carded 7-0.
City Manager requesting public
headng be set for Sept 7th to consider
leasing of space on W. Third Street
Water Tower and adjacent ground
space to Nextel Corp., presented and
read. Voetberg moved that the
communication be received and tiled
and request approved. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 450-99
A RESOLUTION ADVISING OF THE
CITY'S INTENT TO DISPOSE OF
INTEREST IN THE PROPERTY
DESCRIBED IN A LEASE BETWEEN
THE CITY OF DUBUQUE, IOWA, AND
NEXTEL WIP LEASE CORP. FOR
THE INSTALLATION AND
OPERATION OF A WIRELESS
TELECOMMUNICATION ANTENNA
FACILITY.
Whereas, the City Council of the City
of Dubuque, Iowa encourages the
expansion of wireless
telecommunication se~ces to its
citizens, businesses, and insfitu~ons
while at the same time minimizing
safety and aesthetic concerns posed
by the construction of new towem and
monopoles in residential areas, and
Whereas, Nextel WIP Lease Corp.,
a Delaware corporation, d/b/a Nextel
Pad:nets, is the holder of a current
Federal Communications Commission
license to provide certain wireless
telecommunication services for sale in
and around the City of Dubuque, and
Whereas, Nextel WIP Lease Corp.
desiras to expand its signal coverage
area and enhance the quality and
capacity of its technical infrastructure
by inetalling and operating a wire ess
telecommunication antenna facility on
or near a water tower owned by the
City of Dubuque, identified as site W-2,
and located at 1575 West Third Street
in Dubuque, and
Whereas, the City of Dubuque
desires to lease to Nextsi WIP Lease
Corp. certain space on the water tower
site W-2 catwalk, along with adjacent
ground space, for the purpose of
installation and operation of a wireless
telecommunication facility; and
Whereas, representatives of Nextel
WIP Lease Corp., and of the City of
Dubuque have negotiated terms for
such a lease, a copy of which is
attached hereto, which the City Council
tinds beneficial to the commune.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Se~on 1. ThettheCityofDubuque,
Iowa intends to dispose of interest in
:he property described in the proposed
ease agreement with Nextel WIP
.ease Corp. under the conditions
stipu ated in the lease agreement.
Section 2. That the City Clerk is
hereby authorized and directed to
cause a notice to be published of the
proposed lease agreement in the
manner prescribed by law.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest MaryA: Davis, City Clerk
Voetberg moved adoption of the
Resolution and set this matter for
)ub~ic headng on 9-7-99 at 7:00 p.m. in
the Public Library Auditedum and that
the City Clerk publish notice in the
manner prescribed by law Seconded
by N cholson. Motion carried 7-0.
City Manager reques~ng public
hearing be set for Sept 7th to consider
leasing of space on W. Third St. Water
Tower and adjacent ground space to
Iowa Wireless SeMces, LP., presented
and read. Voetberg moved that the
communication be received and filed
and request approved. Seconded by
Budi. Motion carried 7-0.
Regular Session, August 16, 1999
RESOLUTION NO. 451-99
A RESOLUTION ADVISING OF THE
CITY'S INTENT TO DISPOSE OF
INTEREST IN THE PROPERTY
· - DESCRIBED INA LEASE BETWEEN
THE CITY OF DUBUQUE, IOWA, AND
IOWA WIRELESS SERVICES, LP,
FOR THE INSTALLATION AND
OPERATION OF A WIRELESS
TELECOMMUNICATION ANTENNA
FACILITY.
Whereas, the City Council of the City
of Dubuque, iowa epcourages the
expansion of wireless
telecommunication services to its
cti~ens, businesses, and institutions,
while at the same time minimizing
safety and aesthetic concerns posed
by the construction of new towers and
monopoles in residential areas, and
Whereas, iowa Wirelsss Services,
LP, a Delaware limited partnership, is
the bolder of a current Federal
Communications Commission license
to provide certain wireless
talecommunication services for sale in
and around the City of Dubuque, and
Whereas, Iowa Wireless Services,
LP desires to expand its signal
coverage area and enhance the quality
and capacity of its technica~
infrastructure by installing and
operating a wireless
telecommunications antenna facaity on
or near a water tower oWned by the
City of Dubuque, identified as site W-2,
and located at 1575 West Third Street
in Dubuque, and
Whereas, the City of Dubuque
desires to lease to Iowa VVireless
Services, LP certain space on the
water tower site W-2 catwalk, along
with adjacent ground space, for the
purpose of installation and operation of
a wireless telecommunicafion facil~j;,
and
Whereas, representatives of Iowa
Wireless Services, LP and of the City
of Dubuque have negotiated terms for
such a [ease, a copy of which is
attached hereto, which the City Council
finds beneficial to the community.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Sec~on 1. That the City of Dubuque,
Iowa intends to dispose of interest in
the property described in the proposed
lease agreement with Iowa Wireless
Services, LP, under the cond~ons
stipulated in the lease agreement.
Section 2. That the City Clerk is
hereby authorized and directed to
cause a notice to be published of the
proposed lease agreement in the
manner prescribed by law.
Passed, approved and adopted this
16th day of August, 1999.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution setting this matter for public
hearing on 9-7-99 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 Buo[.
Motion carried 7-0.
City Manager requesting public
hearing be set for Sept. 7, 1999 to
dispose of interest in City property
located at gth and Locust Streets to
Amedcan Trust and Savings Bank,
presented and read. Markham moved
that the communication be received
and flied and request approved.
Seconded by Bud[. Motion carried 7-0.
RESOLUTION NO. 452-99
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN
PORTIONS OF CITY LOT 638, CITY
LOT 639 AND CITY LOT 640 IN THE
CITY OF DUBUQUE TO AMERICAN
TRUST AND SAVINGS BANK
Whereas, the City of Dubuque is the
current owner of portions of City Lot
638, City Lot 639 and City Lot 640 in
the City of Dubuque, Iowa; and
Whereas, the adjacent properly
owner, American Trust & Savings, has
pe~oned to purchase said property
from the City of Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe City of Dubuque,
Iowa, intends to dispose of its interest
in portions of City Lot 638, City Lot 639
and City Lot 640 to American Trust and
Savings Bank,
Section 2. That the conveyance of
the City's interest shall be for the sum
of $18,000.00 plus publication and
filing fees and disposed of by quit claim
deed.
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a notice to be published as
prescribed under Section 364.7
Disposal of Property, Code of Iowa,
1999 or as amended.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Bud[ moved adoption of the
resolution setting this matter for public
hearing on September 7, 1999 at 7:00
Reqular Session, Au.qust 16~ 1999
36?
p.m. in the Public Library Auditadum
and that the City Clerk publish notice in
the manner prescribed by law.
Seconded by Markham. Motion carded
7-0.
City Manager recommending public
hearing be hald on 9-7-99 to vacate
unimproved potion of Kane Court,
presented and read. Buol moved that
the communication be received and
filed and request approved. Seconded
by Markham; Motion carried 7-0.
RESOLUTION NO. 453-99
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED KANE COURT
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated July 20,
1999, prepared by Buealng &
Associates, describing the proposed
vacated portion of Kane Court;, 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 July
20, 1999, prepared by Buesing &
Associates, relative to the real estate
hereinabove described be and the
same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat for and on behalf of
the C~[y of Dubuque, Iowa.
Section 2. That the City Clerk be and
is hereby authorized and directed to file
said plat and cer~ed copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
An Ordinance Vacating the
unimproved potion of Kane Cou~
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 68-99
ORDINANCE VACATING THE
UNIMPROVED PORTION OF KANE
COURT
Whereas, Delbert and Larry Miller
have requested the vacating of the
unimproved portion of Kane Court; and
Whereas, Bussing & Associates has
prepared and submitted to the City
Council a plat showing the vacated
portion of the unimproved po~on of
Kane Court and assigned lot numbers
thereto, which hereinafter shall be
known and descdbed as Lot 13A of
West Ridge Second Add~fion, in the
Cb of Dubuque, Dubuque County,
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
the unimproved portion of Kane Court
is no longer required for public use,
and vacating of the unimproved portion
of Kale Court known as Lot 13A of
West Ridge Second Addition in the CKy
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 13A of West Ridge
Second AddPJon in the City of
Dubuque, Iowa, be and the same is
hereby vacated.
Section 2. That the requirements to
instalt public and pdvate improvements
as indicated in Sections 2 and 3 of
Resolution No. 333-76 approving West
Ridge Second Addition is hereby
rescinded.
Passed, approved and adopted this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 17th day of
September, 1999.
Mary A. Davis CMC, Cb Clerk
It 9/17
Buol moved that the rule reqaldng an
ordinance to be presented and read at
:two separate meeting before final
adop~on be suspended and further
moved final adoption of Ordinance.
Seconded by Markham. Motions
carded 7-0.
RESOLUTION NO. 454-99
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
13A OF WEST RIDGE SECOND
ADDITION, DUBUQUE, IOWA
Whereas, the Dalbert and Larry
MiJter have requested the vacafing of
the unimproved poKdon of Kane CourL
Whereas, Buesing & Associates has
prepared and subm[ttad to the City
Council a plat showing the vacated
~ortion of Kane Court and assigned lot
numbers thereto, which hereinafter
shall be known and described as Lot
13A of West Ridge Second Add~on in
the Cb of Dubuque, Iowa; and
Whereas, the City Coundl of the City
353 Regular Session, AugUst 16, 1999
of Dubuque, Iowa has determined that
this poCdon of Kane Court is no longer
required for public use, and vacating
and sale of said portion known as Lot
~13A of West Ridge Second Addition 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
13A of West Ridge Second Addifon in
the City of Dubuque, Iowa.
Section 2. Tha~ the requirements to
install improvements as indicated in
Sections 2 and 3 of Resolution No.
333-76 approving West Ridge Second
Addition is hereby rescinded.
Section 3. That the conveyance of
Lot 13A of West Ridge Second
Addition in the City of Dubuque, Iowa to
Delbert Miller be contingent upon the
payment of $890.00, plus platting,
publication and filing fees.
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
16th day of August' 1999.
Terranca M. Duggan, Mayor
Attest: MaP/A: Davis, City Clerk
Buol moved adoption of the
resolution and also set this matter for
hearing on 9-7-99 at 7:00 p.m. in the
Public Librery Auditorium and that the
City Clerk publish notice in the manner
prescribed by law. Seconded by
Markham. Motion carried 7-0.
City Manager subm~ng documents
providing for construction of Schmitt
Harbor Boat Ramp, presented and
read. Voetberg moved that the
communication be received and flied.
Seconded by BuoL Motion carded 7-0.
RESOLUTION NO. 455-99
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 Schmitt Harbor
Boat Ramp Project, in the estimated
amount of $97,741.49 are hereby
approved and ordered tiled in the office
of the City Clerk for public inspe~on.
Passed, adopted and approved this
16th day of August' 1999.
Terrance M. Duggan, Mayor
Attest: MaP/A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 456-99
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 Schm~ Harbor Boat
Ramp Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 20th day of September,
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 prior to the
day fixed for its consideration. At the
hearing, any interested person may
appear and tile objections to the
proposed plans, specifications,
contract, or estimated cost of the
improvement.
Passed, adopted and approved this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: MaP/A. Davis, City Clerk
Voetberg moved adoption of the
Resolu~on. Seconded by Buol. Motion
carried 7-0.
RESOLUTION NO. 457-99
ORDERING BIDS
NOW THEREFORE, BE it
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Schmitt Harbor Boat Ramp
Project is hereby ordered to be
advertised for b ds for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to adveCdse for bids for the construction
Renu ar Session, Au.qust~16~ 1999
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 9th day of
September, 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 20th day of September, 1999.
Passed, adopted and approved this
16th day of August' 1999.
Terrence M. Duggan, May~r
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resdiufion. Seconded by Budi. Motion
carried 7-0.
City Manager submitting documents
providing for construcfion of R~vers
Edge Plaza construction, presented
and read. Buol moved that the
ccmmudication be received and flied.
Seconded by Nichdison. Mofion
carried 7-0.
RESOLUTION NO. 458-99
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 River's Edge
Plaza Construction, in the es~mated
amount of $473,407.00, are hereby
approved and ordered filed in the office
of the City Clerk for public inspection.
Passed, adopted and approved this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichotson.
Motion carried 7-0.
RESOLUTION NO. 459-99
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Counc~ 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 Rivers Edge Plaza
Construction.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 20th day of September,
1999, a public headng will be held at
36;,
7:00 p.m. in the Public Library
Auditorium at which time interested
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
nofice shell 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 objecfions to the
proposed plans, specifications,
contract, or estimated cost of the
Improvement.
Passed, adopted and approved this
16th day of August, 1999.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resdiution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 460-99
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, tOWA:
That the River's Edge Plaza
Construction is hereby ordered to be
edverfised for bids for construc~on.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shell be in an
amount which shall conform to the
provisions of the notice to biddem
hereby approved as a part of the plans
and specifica§ons heretofore adopted.
That the City Clerk is hereby directed
to advedJse for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
generei circul~on in the City of
Dubuque, lows which notice sba not
be ess than four days nor more than
forty-five days pdor to the receipt of
said bids at 2:00 p.m. on the 14th day
of September, 1999. Bids shall be
opened and read by the City Clerk at
said time and will be submitted to the
Council for final a~on at 7;00 p.m. on
the 20th day of September, 1999.
Passed, adopted and approved this
16th day of August' 1999.
Terrance M. Duggan, Mayor
Attest Mary;.. Davis, City Clerk
Buol moved adoption of the
resol~on. Seconded by Nicholson.
Motion carried 7-0.
There being no further business,
365 Regular Session, August 16, 1999
Voetberg moved to adjourn. Seconded
by Michalski. Motion carried 7-0. The
meeting adjourned at 8:53 P.M.
/si MaryA. Davis CMC
City Clerk
Adopted ~.~, 1999
;oun¢il Membem
c~, c~erk ~/