1998 December Council ProceedingsBoard of Health, December 7, 1998
435
DUBUQUE
BOARD OFHEALTH
SPECIAL
MEETING
Spec'ial Board of Health Meeting,
December 7, 1998.
Board met at 6:55 p.m., Public
Ubra~y Auditorium.
Present: Chairpemon Duggan,
Board Membem BuoL Markham,
Michalski, Nicholson, Robbins,
Voeft)erg.
Chairperson Duggan read the call
and stated this is a Special Board of
Health Meeting called forthe purpose
to act upon such business which may
propeny come before the Board.
City Manager recommending
approval of Pediculosis Control Plan,
9resented and reeo. Robbins moved
that the communication be recek, ed
and filed and recommenda'don
approved. Seconded by Buol. M~on
carried 7-0.
There being no further business,
Robbins moved to adjourn the meeting.
Seconded by Buol. Motion carSedT-0.
The meeting adjourned at 6:58 p.m.
/s/MatyA. Davis CMC
Secretary, Board of Health
Approved ,1999
Couecil Members
c~y C~e'rk
Regular Session, December 7, 1998
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
December 7. 1998.
Counci Met at 7:00 p.m., Public
Ubraw Auditpdum.
Present: Mayor Duggan, Council
Members Buol, Markham. Michaiski,
Nicholson, Robbins, Voetberg, City
Manager Michael Van Mliligen,
Corporation Counsel Barry A. LindahL
Mayor Duggan read the call and
s~a~eo ;his is the Regular Session of
the City Council called for the purpose
to act upon such business which may
properly come before the Council.
Invocation was given by Father Pau;
Otfing, Pastor of Ho~ Ghost Church.
~roclamation: Dec. 13 as "Com-
passionate Fdends Day" received by
Wayne Havedand.
MINUTES SUBMITTED -- Cable
Teleprogramming Commission of 12-1;
Citizens with Disabilities Parking
Review Committee of 10-13; CMl
Service Commission of 10-12;
Environmenta~ Stewardshie Advisory
Commission of 11-3; ;ive Flags
Commission of 10-19: Human Rights
Commission of 10-12: Library Board of
10-19; Park & Recreation Commies~on
of 11-10; Park & Recrea~on
Commission Bunker Hill Building
Subcommittee of 11-1g: Plumbing
Board of 114, presented and read.
Voetberg moved that the minutes be
received one t~led. Seconded by
Nicholson. Motion carded 7-0.
Zoning Advisory Commission of 11-
4, presented and read. Michalski
moved that me minutes be received
and filed. Seconded by Markham.
Motion carried 7-0.
:roofs of publication certJtied to by
the Publisher on publishing 1998
Financial Report for fiscal year ended
June 30, 1998; List of Claims paid and
Summary of Revenues for month
ending September, 1998; Council
Proceedings for meetings of 10-19-98
and 11-2-98, presented and read.
Voetberg moved that the
commun cation be receivec and filed.
Seconded by Nicholson. Motion
carded 7-0.
NOTICE OF CLAIMS/SUITS -- Klm
Eppler in amount of $284.75 for vehicle
damages; Elizabeth M. Evarts in
unknown amount for personal injuries;
Jason Grawe in amount of $652.64 for
vehicle damages; Lois Leytem in es~
amt. of $1955.58 for vehicle damages;
Harold E. Miller in amount of $57.07 for
property damages presented and
read. 'Voetberg moved that the claims
and ss~ts be referred to the Legal Staff
for investigation and report. Seconded
by Nicholson. Motion carded 7-0.
Corporation Counsel advising
fcliowing claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: Personal injury of
Janet LeSandrini; Vehicle damag~ of
Progressive Insurance; Personal ~njury
of Meivin Reynolds, presented and
read. Voetberg moved that the
communications be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
Corpoi-ation Counsel recommending
setdement of vehicle damage of Renee
LeGrand in amount of $576.67 and
authodze Finance Director to issue
cheek, presented and read_ Voetberg
moved that the communication be
received and filed anc approved
se~ement. Seconded by Niche{son.
Motion carded 7-0.
Corporation Counsel recommending
denial of following claims: Property
damage of Marlyn J. Langevin;
Property damage of William J.
McDermott, presented and read.
Voetberg moved that the
communication be received and filed
and denials approved. Seconded by
Nicholson. Motion carded 7-0.
November 17, 1998
Honorable Mayor and Members of
the City Council
In accordance with Chapter 400 of
the 1997 Code of Iow~, the Civil
Service Commission conducted a
written examination on October 27,
1998 for the Dssition of Truck Ddver.
We hereby certify that the following
Reqular Session, December' 7, 1998
437
individuals have passed this written
examination and the vacancy for this
position should be made from this list.
We further state that this list is good for
two (2) years from above date.
TRUCK DRIVER
Elmer Heaceek Frederick Bdmeyer
Jeff Steeer Raymond Behnke
Paul Herman Kenny MstcaJf
Jim Powers Tern/Dolan
Gary Schroeder
Respectfully submitted
Is/Mede Duehr, Jr., Chairperson
Is/Loras J. Kluesner
Is/Thomas E. Rawson,
Civil Service Commission
Voatberg moved that this above
certification be made a matter of
record. Seconded by Nichoison.
Motion carded 7-0.
City Zoning Advisory Commission
advising of their apprevaJ of final plat
for properbz East and West of Edwards
Road and South of Kelly Lane,
presented and read. Voetber§ moved
that the communication be received
and filed. Seconded by Nichoison.
Motion carried 7-0.
RESOLUTION NO. 545-,98
A RESOLUTION APPROVING THE
FINAL PLAT OF EDWARDS ROAD
(LOT A) AND LOTS 1 AND 2 OF
HANTEN-KOOS PLACE, IN THE CITY
OF DUBUQUE, IOWA.
Whereas= there has been tiled with
the City Clerk a final plst of Edwards
Road (Lot A) and Lots 1 and 2 of
Hantan-Koos Place, in the City of
Dubuque, Iow'a: and
Whereas, upon said final plat
appears a sfreet to be known as
Edwards Road [Lot A), together with
certain public utility easements which
the owners by said tinal plat have
dedicated to the public forever, and
Whereas: said tinal plat has been
reviewed by the City Planner and had
her appreval endorsed thereon, subject
to the owners agreeing to the
conditions noted in Section 2 below;
and
Whereas, said tinal plat has been
examined by the City Council and they
tind that it conforms to the statutes and
ordinances relating to it; ant
Whereas, the !mprevements have
been completed m accordance with
plans and specifications approved by
the City Council, and inspected by the
City Engineer, and
Whereas, the City Council concurs
In the conditions of approval
established by the Zoning Advisory
Commission and the City Planner.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedications of
Edwards Road (Lot A), together with
the easements for public utilities,
sanitary sewer, storm sewer and water
mains as they appear upon said final
plat, be and the same are hereby
accepted; and
Section 2. Thstthe plat of Edwards
Road (Lot A) and Lots 1 and 2 of
Hanten-Kees 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 final plat,
provided the owners of said property
herein namee, execute their written
acceptance hereto attached agreeing:
a. To dedicate Lot A, known as
Edwards Road, to the City of Dubuque.
b. To provide a '0,va-year
maintenance bond for street
improvements from the date of
acceptance.
Section 3. That maintananca of said
improvements shall be the
responsibility of the conz~actor for a
pedod of two (2) years from the date of
this resolution.
Section 4. That in the evam the
owners shall faf to execute the
acceptance and furnish the guarantees
provided in Section 2 ho'reef within 180
days after the date of this Rose ution
the provsions hereof sba be null and
void and the acceptance of the
dedication and appreval the plat shall
not be effective.
Passed, approved and adopted this
7th day of December, 1998
Terrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 545-98
We, the undersigned, James
Edwards and Patficia A. Edwards,
having read the terms and conditions of
the Resolution No. 545-98 and being
familiar with the cond~ons thereof,
hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, iowa this 18th
day of December, 1998.
By/si James D. Edwards '
By/s/Patdcia Ann Edwards
Voetberg moved adoption of the
Resolution. Seconded by Nichoison.
Motion carried 7-0.
City MacaBer recommending to
terminate concession agreement with
JD, BS & SW LTD, presentec and
43R Regular Session, December 7, 1998
read. Voatberg moved that the
communication De received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 546-98
RESOLUTION TERMINATING
CONCESSION AGREEMENT FOR
McALEECE PARK AND REC-
REATION COMPLEX WITH JD, BS &
SW, LTD.
WHEREAS, the City CotJncil of the
City of Dubuque, iowa, met on the 17th
day of February, 1998, and approved
me Concession Agreemem between
the City of Dubuque and JD, BS & SW,
LTD., a copy of which is attached
hereto and nccrporeted herein by
reference: and
WHEREAS, the City of Dubuque
wishes to terminate the Concession
Agreement,
NOW THEREFORE, BE ~ iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE= iOWA:
Section 1. The Concession
Agreement betweer, the City of
Dubuque and JE, BS & SW, LTD., a
copy ef which is attached berate, is
hereby terminated effective the 7th
day of December, 1998.
Passed, approved and adopted this
7th day of December. 1998.
Terranca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Counsel for Board of ReView
advising cf Voluntary Set~lemem of an
assessment appeal by McGraw-Hil
Companies, Inc.; eresented and read.
Voetberg movee that the
communication be received and filed.
Seconded by ' Nichdison. Motion
carried 7-0.
Attorney Paul Fitzsimmons on behalf
of Louis Lugrain, owner.of Inter-Stale
Contractors and Building Supply,
advising of some concerns regarding..
the streets around hfs property at 155
East 5th St. presented and read.
Voetberg moved - that , the
communication be received and filed
and matter referred to the City Manager
and Staff. -Seconded by Nichotson.
Motion carried 7-0.
City Manager requesting approval {o
enter into contract with IA. Dept. of
Inspections & Appeals for insoections
& licensing of vanous food
establishments, presented anc read.
Voetberg moved that the
communication be received and tiled
and request approved. Seconded by
Nicholson. Motion carded 7-0.
City Manager recommending to
enter into contract with National AnimaJ
Control Associatior (NACA) to assist in
evaluating the Adimai Control Activity,
presented and reec. Voetberg moved
that the communication be received
and tired and recommendation
approved Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
amendment to the Kelly Lane Sanitary
Sewer Assessment, presented and
read. Voatberg moved that the
communmafie~ be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 547-98
RESOLUTION AM ENDING
PRELIMINARY SCHEDULE OF
ASSESSMENTS FOR THE KELLY
LANE SANITARY SEWER PROJECT -
PHASE II
Whereas, on the 20th day of April,
1998, the City Council of the City of
Dubuque, Iowa, adopted a Schedule of
Final Assessments for the Kelly Lane
Sanitary Sewer - Phase II Project; and
Whereas. it has been determined
that errors were made in the amount of
[he assessment for Lot 2 of 2 of
Garrel's Grove, and Lot 1-2-2-1-1 and
Lot 2-1-2-1-1 of Mineral Lot 511; and
Whereas, in order to correct said
assessments an amendment to the
Schedule of Final Assessments has
been proposed for said tots.
NOW, THEREFORE, BE 'IT
RESOLVED BY THE CITY COUNCIL:'
OF THE CITY OF DUBUQUE; IOWA:
Section 1. That the attached sheet
I to I inclusive, hereby amends the
Schedule of Assessments as adopted_
by Resolution No. 167-98 for the Kelly ~
Lane Sanitary Sewer Project - Phase II,
with respect to the assessment for Lot'
2 of 2 of Garrel's Grove, and Lot 1-2-2-
1-1 and Lot 2-1-2-1-1 of Mineral Lot
511. '
Section 2. That the 'ar~n~n~er~ ~ -~
the Schedule of Assessments provide
for an additional deficiency for Lot 2 of ..
2 of Gar~el's Grove ef $3,061.38, for a
total deticiency of $3 087.91.
Section 3. That the amendment to
the Schedule of Assessments provide
for an additional deficiency for Lot 1-2-
2-1-1 and Lot 2-1-2-1-1 of Mineral Lot
511 of $1,704.52. for a total deficiency
Reqular Session, December 7, 1998
439
of $5,968.07.
Passed, approved and adopted this
7th day of December, 1998.
Terrance M. Duggan, Mayor
-Attest: Mary A. Davis, C~ Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nichoison.
Motion carded 7-0.
City Manager recommending
amendment to 1997 PC Concrete
Paving Project Final Assessment
Schedule, presented and read.
Voetberg moved that the
communication be received and flied.
Seconded by Nichoison. Motion
carded 7-0.
RESOLUTION NO. 548-98
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1997 P.C. CONCRETE PAVING
PROJECT INCLUDING CERTAIN
INFORMATION REQUIRED BY THE
CODE OF IOWA, SPECIFICALLY,
THE' NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED, THE
INTEREST ON ALL UNPAID
INSTALLMENTS, THE TIME WI~EN
THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO
CERTIFY THE FINAL SCHEDULE
AND TO PUBLISH . 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 and
accompanying plat showing the
assessments proposed to be made for
the construction of the 1997 P.C.
Concrete Paving Project under contract:
with Portzen Construction Company,
thc. of Dubuque, Iowa, which final plat
and schedule were tiled in the office of
the City Clerk on the 19th day of .
October, 1998, the said schedule of
assessments be and the same is
hereby approved and adopted.
That there be, and is hereby
assessed and levied as a special tax
against and upon each of the lots, the
respective sums indicated. Provided,
further, that the amounts shown in said
final schedule of assessments as
deficiencies are found to be proper and'
levied conditionally against the
respective properties 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 pmpaztion to
the special benefits conferred and not
in excess of tweaty-five pement of the
value of same.
That the City Clerk be and is hereby
directed to cer~ said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said
cedJfication once each week for two
consecutive weeks in the manner
)rovided in Section 362.3, the fimt
~ublication of which shall be not more
than fifteen days from the date of filing
of the tinal schedule. On or before the
date of the second publication of the
notice, the City Clerk shall also mail a
copy of said notice to property ownem
whose property is subject m
assessment, as provided and directed
in Section 384.60 of the Code of Iowa.
That asssssmenzs may be paid in
full or in part without interest at the
office of the County Treasurer, az 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 Codnty
Treasurer. A~er 30 days unpaid
aeseesments of $50.00 or more are
payable in 10 annual installments and
will draw annual interest at 9 percent
commencing on the date of
acceptance of the work) computed to
the December I 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 Col[owing 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 --
7th day of December, 1998.':' -
Terrance M. Duggan, Maypr
Attest: Mary A: Davis, City Clerk .
SCHEDULE OF FINAL
:. ,- ASSESSMENTS
- SPRUCE STREET
The .fdilowing schedule is hereby
determined to show each lot propose~
to be assessed for the improvement in
the l~tie together with the amount
proposed to be ssseesec against each
lot and the valuations shown oppos~e
each lot are hereby fixed as the true
valuatioea of such lots by the City_
Council of the City of Dubuque.
Regular Session, December 7, 1998
OWNER LOT DESCRIPTION
WATERMAIN ASSESS.
WATER SERVICE ASSESSMENT
FARLEYS SUBDIVISION
BROWN, WILLIAM N. LOT 35
$550.00 $350.14 $2892.19
COPELANE. CAROL A.
LOT 2-34 $437.86
COPELAND, CAROL A
LOT 1-34 $325.62
CAMPBELL CAROL MARIE
LOT 33 $424.53
SPRAGUE, HELEN
LOT 32 $377.85
SPRAGUE, HELEN
LOT 31 W/32
SPRAGUE. HELEN
W. 45' - LOT 30 W/32
PLUYM, DANIEL L. & SUSAN E
LOT. 44 $1,993.16
DRISCOLL CARL E.
LOT 1-45 $535.10
DRISCOLL CARL E.
LOT 1-46 W/1-45
BREITBACH ROBERT L &
CATHERINE P. LOT 2-45
BREITBACH ROBERT
CATHERINE F. LOT 2-46
BREITBACH ROBERT
CATHERINE P. LOT 2-46AS548.09
HUSEMANN, LOUIS J. & PAULINE
R.N. 50'-N-96.5'-LOT36 $1007.14
CARPENTER, EDWARD H. & .
SHIRLEY S. 46.5"-N. 96.5' LOT 36
$800.05
ZIMMERMAN, HOWARD
$768.41
ZIMMERMAN HOWARD
S. 3.5'-LOT 36
S. & S. INVESTMENTS
LOT 1-43
RANSDELL MARY H.
N.80' - LOT 37
RANSDELL MARK E.
S. BAL. LOT 37
CITY OF DUBUQUE
LOT 38
CITY OF DUBUQUE
LOT 39 ' W138
CiTY LOT 703
FRANK HARDIE ADVERTISING INC.
LOT 1-8 $66.89
BREITBACt-., ROBERT L &
CATHERINE P. LOT 6 $82.75
BREITBACH ROBERT L. &
CATHERINE P. LOT 5 WI6
BREITBACH ROBERT L. &
CATHERINE P. LOT 4 W/6
BREITBACH. ROBERT L &
CATHERINE P. W. 139' -
$1,736.62
LOT 2-43
$1,523.83
W/2-43
$1.258.30
$611.23
$703.75
- $772.10
LOT3 $115.33
ROBINS.ON, LEWIS & BARBARA
W. 116- LOT2 $233.10
TOTALS - SPRUCE STREET
~$550.00 $1,918.60 $16 200.47
/ WEST THIRD STREET
t M.L. 73
MERCY HEALTH CENTER
LOT I-8-M.L 73 $1,564.12
MERCY HEALTH CENTER
LOT 1-2-8-M.L 73 W/1-8-M.L73
MERCY HEALTH CENTER
LOT 2-2-8 M.L 73 $1,443.08
MERCY HEALTH CENTER
LOT 3-8- M.L 73 W/2-2-8 M.L73
MERCY HEALTH CENTER
LOT 4-8- M. L 73 $516.18
HIGGINS, JOSEPH C. & DIANA A.
LOT 5-8- Vi. L 73 $249.04
HIGGINS JOSEPH C. & DIANAA.
LOT 7-8- M. L. 73 $106.24
MERCY HEALTH CENTER
LOT 7-8 $212.48
LOCHER. JAMES C.
LOT 2-1-2-9- M.L 73 $255.56
GRADY, JAMES R.
$692.53 LOT2-1-2-9 M.L 73: ~ ~ $403.14
L & HOFFMANN, PAUL E.
$562.50 . LOT 2-1-2-9 M. L 73 $277.25
L & MAY. WILLIAM F.
LOT 2-1-2-9 M. L. 73 ' $270.09
SNYDER. JAMES G.
LOT 2-1-2-9 M. L 73 $433.45
FUHS, Q, MICHAEL & KATHY E.
LOT 2-1-2-9 M. L. 73 $352.40
NEMMERS JODI J.
LOT 2-1-2-9-M. L 73 $255.78
WEST THIRD LEASING ASSN.
LOT 1-1-2-9 M. L. 73 $2, 175.25
MOZENA, DARRYL K. & TERRY K.
LOT 1-9 M. L 73 $4,613.43
MASSEY HEIGHTS
LOCHER. JOSEPH C.
LOT 1 W/2-1-2-9 M. L:73
GRADY; JAMES R.
LOT 1 W/2-1-2-9 Vi. L 73
HOFFMANN, PAUL E.
LOT 1 - W.t2-1-2-9 M. L 73
MAY, WILLIAM F.
LOT 1 - - W/2-1-2-9 M. L 73
SNYDER, JAMES G.
LOT 1 Wf2-1-2-9 M, b 73
FUHS, Q. MICHAEL & KATHYE. '
LOT 1 ~. W/2-1-2-9 M. L. 73
NEMMERS, JAM..~S' J.
LOT 1 ~ W/2-1-2-9 M. L 73
LANGWORTHY PLACE
MERCY HEALTH CENTER
LOT i $599.34
HENKELS, FRANCIS WM. & ELLEN T.
LOT 1-1-2 M, L 72 & 1-10- M L 73
Regular Session~ December 7~ 1998
441
&2 M. L 74 $1,424.19
LEMAY, MARYA. LOT2-1-2 M. L. 72
& 1-10 M. L 73 &2. M. L 74
$878.12
NOEL. CARL b & ALICE C
LOT A~2-2-2 M. b 72 & 1-10 M. L
73 & 2 M. b 74 $138.68
KARIGAN, OURANIA
LOT 1 M. b 74 $1,861,34
KARIGAN, OURANIA
LOT 1 M. L 72 W/1 M. L 74
C17~' OF DUBUQUE
LOT 1-1- C. L. 732 $5,275.93
C. L. 724
HICKEY, THOMAS d & ROSE
MARlEN N.51.5'-6 C. L724
$1,177.55
HICKEY, THOMAS J. & ROSE
MARIEN N.51.5'-5 C.L 724
W/N 51.5-6-C.L 724
HICKEY. THOMAS J. & ROSE
MARIEN N.51.5'-4 C.L 724
WfN 51.5-6 CL 724
BITTER, CAROL A.
S. 49' - 5 C. L. 724 $517.12
BITTER, CAROL A.
S. 49'- 5 C. L 724
W/S 49'6 - C. k 72
BITTER, CAROL ~
S. 49'-4 C. L 724
W/S 49.6 - C. L 72
BITTER, CAROL A.
LOT 5A C.L 724 W/S 49.6 C.L724
MERCY HEALTH CENTER
LOT 7-C. L 724 $202.66
MERCY HEALTH CENTER
LOT 10 C. L. 724 $92.45
RADLOFF, DAVID F. & JAXINE M.
LOT 3- C. L 724 $1 068.46
RADLOFF, DAVID F. & JAXINE M.
LOT 2 C, L. 724 W/3 C.L 724
YAGER, JOHN E. LO7 2-1 C. L 724
$630.96 $910.55
YAGER, MARY ANN
LOT 1-% C. L 724
$630.96 $885.28
LOPEZ, VINCENT R. & VIRGINIA
LOT 8 C. L 724 . $202.66
STEGER, MARK W.
LOT 1-9 C. L. 724 $52.62
STEGER, MARK W.
LOT 2-9 C, L 724 $39.83
MOZENA, ANDREW W. & AMY
LOT 12- C. L 724 $61.74
McCLAIN, JEAN E.
N1/2-13 C. L 724 $15.84
KELL~S BLUFF
NAGLE PUBLICATIONS
LOT 4 $368.78
(DEFICIENCY ASSESS.) $1,146.26
KELLY'S BLUFF HOMEOWNERS
ASSN. LOT A-3 $1.800.71
NAGLE PUBLICATIONS
LOT 5 $574.38
DUELAND, MAUREEN A.
LOT 1-3 $95.81
RIEDEL. SUSAN J.
LOT 2-3 $103.81
OSTERBERGER, KARL& S
LOT 3-3 $111.17
HOFFMAN, JOHN H.
LOT 4-3 $120.12
BOSVELD, JOHN A
LOT 5~3 $128.60
WILLEY, FRANK F. & CONSTANCE J.
LOT 6-3 $121.72
SAINT CLARA COLLEGE
LOT 2- C.L 723 $458.58
SAINT CLARA COLLEGE
ROMAN CATHOLIC GRAVE YARD
LOT 2 W/2 C. L 723
KELL~S BLUFF NO. 3
NAGLE PUBLICATIONS
LOT1 $311.33
(DEFICIENCY ASSESS.} $6790.44
NAGLE, JEFFREY C.
LOT 2 $492.65
ST. RAPHAEL'S ADDITION
ALDEMAN, MARK C. & PAMELA A.
N. 73.4L1-2 ' $1,398.92
RICHTER, MELFFTA F.
S. 28'.4'1-2 $212.73
RICHTER, MELITTA F,
LOT 3 $233.21
ADAM, FLORENCE
LOT 4 $109.41
KEDLEY, LEROY J. & BARBARA
LOT 5 $63.98
OESTERICH, BRUCE C4 & BEVERLY
A. LOT6 $49.10
C. L. 607A
TRANEL; PATRICK K_
W. 52'-W. 55' C.L 607A $778.64
GOODMAN, CATHERINE A.
E. 25' C.L. 607A" : $419.23
GOODMAN, CATHERINE A.
· W. 55 ~..L607A
W/E 25' C.L 607A
TWIN SISTERS SUBDIVISION
LOT 2-C.L 607 $988~17
ST. RAPHAEL'S CATHEDRAL
LOT 1-C.L 607 $3,421.33
ST. RAPHAEL'S CATHEDRAL
C. b 606 $I,495.21
ST. RAPHAEL'S CATHEDRAL _
C. b 605 $689.80
HOS, EUGENE A. & MARIE N
LOT 2-S.1/2-E. 113' E. 128' E. 178'
E. 228 C.L. 608 $1,588.75
HOS, EUGENE A, & MARIE N.
LOT 1-S.1/2-E: 113' E. 128' E. 178'
E. 228 C.L 608 WI2-S-1/2 C.L 608
442 Regular Sessio~, December 7, 1998
HOS, WILLIAM & VIRGINIA R.
S. 22.8'-N 1/2-E. 113'-E. I28-E. 178'
E.- 228-C.L 608 $377.03
LESLEIN. BERNICE
N. 20'N. 1/2E. 113'E. 128-E. 178'E.
228. C. L. 608 $254.72
HOS, WILLIAM & VIRGINIA R.
W. 15' E. 128' E. 178' F_ 228' C.L
608 $73.94
MILLS. WAYNE K. & PATRIClA L.
W 15' E. 128' E. 178' E. 228' C.L
608 $73.94
HOS, EUGENE A. & MARIE N.
W. 15' E. 128' E. 178' E. 228 C. b
608 $73.94
LESLEIN. BERNICE
W, 15' E. 128' E. 178' E. 228' C.L
608 $73.94
Vi[LLS. WAYNE K. & PATRICIA L.
E. 25' - W.50' E 178' E. 228' C.L
608 $712.64 $1,087.08
PLUMLEY. MARLYN J.
W. 25' W. 50' E. 178' E. 228' C.L
608 $712.64 $1,087.08
PANKOW ROBERT & VIOLA
E. 28' W. 50 E. 228' C.L 608
$419.39
PANKOW, ROBERT & VIOLA W. 22'
W. 50' E. 228' C.L 608 $329.50
PANKOW, ROBERT & VIOLA
W 50' C.L 608 $748.88
FENELON POINT SUBDIVISION
SCHADLE, STEVEN J. & AMY
LOT 1 $25~.76
LESLEIN BERNICE
LOT 2 C.L 609 $49.52
MANGRICH LYN C. & KATHERINE
LOT 1-1- C._. 609 $294.09
MANGRICH. LYN C. & KATHERINE
LOT 1-2-1 C.L. 609 $80.00
MANGRICH, LYN C. & KATHERINE
E. 77' 2-2-1- C.L 609 $201.54
MAIN JACQUELINE J. & ALAN A~
W. 78' 2-2-1 C.L 609 $204.10 L
SCHIESL. JAMES J. & MARY-JO
LOT 3-C.L 692 .. -. -
$749.82 $1.357.15
SCHiESL JAMES J. & MARY JO
KIRKEGAARB, PAULA, & RHONDA L
LOT 13 W/14
KIRKEGAARD PAULA. & RHONDA L.
LOT 12 $799.75
PA%TERSON. BRADLEY T. &
KATHRYN E. LOT 11 $799.75
BROWN JOHN J. LOT 10
$805.59 $1,605.34
BROWN, JOHN J. & ANNA M.
LOT 9 $799.75
O'ROURKE, JAMES F. & JEANNE C.
LOT 8 $805.59 $1,605.34
MILLS. JEFFREY A. LOT 7
$787.00 $1,586.75
KELLY. KEITH E, & JUDY ~
E.37,5-6 $805.59 $1,405.40
DELIRE. STEPHEN P. & JANET M.
LOT 5 $805.59 $1,965.23
DELIRE, STEPHEN P. & JANET M.
W. 12.5' 6 W/5
DELIRE, STEPHEN P. & JANET M.
E, 10'-4 ' W/5
TURNER, MAYLO J. W. 40'4
$787,00 $1,426.80
BARTON, THOMAS ~
LOT 3 $805.59 $1,605.34
KEARNEY, DENNIS C. & KATHERINE
A. E.BAL.-2 $402.80 $730.70
KEARNEY, MARIE A.
W. 20.5'-2 $402.80 $730.70 .
HEALEY. JOSEPH A. & JANICE
LOT 1 $655.79
FORTUNE'S SUBDIVISION
NEUMANN, DARLENE b
LOT 1 $768.41 $1,568.16
SALIGA, KEVIN M.'& MARGERY K~
LOT 2 $799.75
CONNER, JAMES S. -
LOT 3 $1,629.77 $2,429.52
STEWART, TERRYL E. & SCHMIDT,
JUDITH M. LOT4 $799.75
ALLENDORF. RICHARD J. SR. &
JEAN M. LOT 5
$824.18 $1,623.93:
HIRSCH, ~ARBARA-A. & GERALD b
SR. E.1/2-6 824.18 $:,224.05~"
BENDA VINCENT & DOROTHY '--
W.1]2-6 $824.18 $1,224.05
HOPKINS, PHILLIP W. & PAULA M..
LOT 2-2 C.L 692 $713.06 PT. LOT 7 .-- $615.81
AHERN, JAMES LEO BURCH'S 2ND SUBDIVISION . .
LOT 2-E. 78'S. 100-4-C.L692 ~ TRI-STATE CONVALESCENT
$638.28 $1,026.64 CENTER LOT 1-1 - $4 210.84
PEACOCK, CLARENCE J. & LINDA L TRI-STATE CONVALESCENT.
LOT 1-E.78'S.100-4 C.L 692 - CENTER LOT2-1 . W/1-1
· $859.25~. TRI-STATE CONVALESCENT - ;'
KIRKEGAARD, PAUL A. & RHONDA L. ~ CENTER LOT 1-1-2 $3.:~6.65
E. 150' W. 208' S. 100' 4-C.L. 692
$2,399.25
K[RKEGAARD, PAULA. & RHONDA L.
E. 55' W. 58'-W 208' S. 100'~, C.L
692 ~ $879.72
PROSPECT HILL
KIRKEGAARD. PAUL A. & RHOi~DA L
LOT 14 $1 599.50
STRUB, RAPHAEL H. & RUTH
LOT 2-1-2 :,: $117.08
GEO. B. BURCH SUBDIVISION
GRUBER. JEFFREY -. ~
LOT 2-1-2-2 $805.59 $2,328.79
GRUBER, JEFFREY; - - ':
. , LOT 1-2-2 · W/2-1-2-2
TRI-STATE CONVALESCENT
Reqular Session, Deqember 711998
CENTER LOT 2-2-2 W11-1-2
G. BURCH'S SUBDIVISION
BOLAND,JAMES C. & EVELYN M.
LOT 1 $104.93
BOLAND,JAMES C. & EVELYN M.
LOT 1-2 WI1
WAGNER, JOSEPH L. & KATHLEEN
M LOT3 $48.14
WHITE, JOHN HENRY
LOT 4. $18.07
GRUBER, JEFFREY
LOT 2-2- M.L 73 W/2-1-2-2
BUETTEL LANGWORTI-fY'S
ADDITION
GRUBER, JEFFREY
SCHROBILGEN DONALD A. & JEAN
A. LOT 2 $1,362.61
SCHROBILGEN. DONALD A. & JEAN
SCHROBILGEN, DONALD A. & JEAN
A. LOT 7 W/'2
LAWSON, MARCIA G.
LOT 1-3 $1,516.80
BECHEN, V]CKI M.
LOT 2-3 $381.64
NAUMAN, RANDALL S. & KRISTINE
M. S. 49'-4 $280.55
MOORE, STACEY J. & SHERRI A
S.34'-5 $112.92
MOORE, STACEY J. & SHERRI A.
N. 1'-4 WIS 34'-5
SMITH, TAMMY N. 16'-5 $69.42
SMITH, TAMMY S. 18'6 W/N 16'-5
ERSCHEN, CHRISTOPHER
N. 32'6 $43.99
M. L76
TRI-STATE CONVALESCENT
CENTER LOT 1-3-2-2-3-M.L. 76
STRUB, RAPHAEL H. & RUTH
LOT 2-3-2-2-3- M.L 76 $27.83
STRUB, RAPHAEL H. & RUTH
LOT 2-1-1-2-2-3 M.L. 76
W/2-3-2-2-3 M.L. 76
STRUB. RAPHAEL H & RUTH
LOT 2-2-t-2-2-3 M.L. 76
W/2-3-2-2-3- M.L. 76
EDWARDS, JAMES R. & JO ANN - ' '
LOT 1-1-1-2-2-3 M.L 76 $82.21
DEFICIENCY ASSESSMENT TOTAL:
$680.11
WATER SERVICE ASSESSMENT
TOTAL: $16,159.16
TOTAL NET ASSESSMENT:
Voetberg moved adoptior, of th~
Resolution. Seconded by Nicholson.
Motion carried 70.
City Manager recommending
acceptance of conveyance of property
at 2618 Jackson St., presented and
read. Voetberg moved that the
communication be .received and tiled.
443
JSeconded by Nichoison. Motion
carried
RESOLUTION NO. 549-98
RESOLUTION ACCEPTING A
CONVEYANCE OF REAL ESTATE AT
2618 JACKSON STREET IN THE
CITY OF DUBUQUE, SOUTH ONE-
HALF (S ~) OF LOT 231 IN
GLENDALE ADDITION NUMBER
THREE (3}, IN THE ClT~ OF
DUBUQUE, COUNTY' OF DUBUQUE,
IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF.
Whereas, the City of Dubuque has
agreed to ~urchsse the following
legally-described real proper[y;
South One-half (S ½) of Lot 231 in
Gisnda[e Add,on Number Three (3), in
the City of Dubuque, County of
Dubuque, Iowa, according to the
recorded plat thereof;
from Sheryl Ann Sha~, and
Whereas, the owner has prepared a
Warranty Deed naming the City of
Dubuque, Iowa as ho der of all dghts,
title and interest in said property.
NOW, THEREFORE,. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City Council of
Dubuque,'-' Iowa, 'hereby approves of,
accepts and consents to the Warranty
Deed from She~ Ann Shaw as
required by Iowa Code Section 569.7.
Section 2.- The City Clerk be and
she is hereby authorized and directed
to cause said Warranty Deed to be
recorded in 'the office of the Dubuque
County Recorder, - Together with
certified copy of this Resolution.
Section 3. That the C~ Clerk be
and she is hereby diCected to forward a
copy of this Resolution to the Dubuque
County Assessor and the Dubuque
CountyAuditor. - ,-- - . .-
Passed, approved and adopted this '
7th day of December, 1998.
Torrance M. Duggen, May~r
Mary A. Davis, City Clerk ~ '-
Voetherg moved adoption of the'
Rssolution. Seconded by Nichdison.
Motion carded 7-0.
City - Manager mcammending
acceptance of Keyway Interceptor
Sanitary Sewer Repairs, presented and
read. Voetberg moved that the
communicafion be received and filed.
Seconded by Nichdiecn. Motion
carded 7-0.
RESOLUTION NO; 550-98
ACCEPTING IMPROVEMENT
444 Regular Session, December 7. 1998
Whereas, the contract for the
Keyway Interceptor Sanitary Sewer
Repairs has been completed and the
City Manager has examined the work
and filed his certificate stating that the
same has Been completed according to
the terms of the contract, plans and
specifications and recommends it
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CI'P¢ OF DUBUQUE. IOWA:
Se~on 1. Thatthe recommendation
of the City Manager be approved and
that said improvement 2e and the
same is hereby accepted.
3E IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor [rom
Sanitary Sewer Construction Fund in
amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, approved and adopted this
7th day of December, 1998.
Torrance M_ Duggan, Mayor .;
Attest: Mary A. Davis, City Clerk
Voetherg moved adoptior of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.. ' ' '
RESOLUTION NO. 551-98
FINAL ESTIMATE
Whereas. the contract f~r the
Keyway Interceptor Sanitary Sewer
Repairs has been completed and the
City Engineer has submitted his final
esfimate showing the cost thereof
including the cost of estimates, notices
and inspection ano ali miscellaneous
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, .OWA:
Section 1. That the cost of said
improvement is hereby determined to
be $36,207.75 and the said amount '
shalr be paid from Sanitary Sewer
Construction -~und of the.. City of
Dubuque, Iowa. - - _
Passed, approved and ad'opted '~his'
7th day of December 1998 ......
Terrence ~ Duggan, Mayo,:"
Attest: Mary A. Davis. City Clerk
Voetberg moved adoption of the
Resaiu~n. Seconded by Nichols9n. :.
Motion carried 7-0 ...... ::
City Man~ge~ rec~mmendin~"
acceptance of deed from _CMC
HeaffJand Partners, presented and
read. Voetberg moved that the
communication be received and filed.
Seconded by Nichoison. Motion
carded 7-0.
RESOLUTION NO. 552-98
A RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY
LOCATED IN THE KERPER
BOULEVARD INDUSTRIAL PARK
FROM CMC HEARTLAND
PARTNERS TO THE CITY OF
DUBUQUE.
Whereas, the City of Dubuque
entered into a Purchase Agreement
with CMC Heartland Partners dated
July 22, 1998 pursuant [o which CMC
Heartland Partners .agreed to convey
Hee~and Place ~n the City of
Dubuque, Iowa, as showr on a Dlat
recorded on the 4th day of November,
1998, as Instrument No. 17437-98,
records of Dubuque County, Iowa; and
Whereas, CMC HeaffJand Partners
has executed a conveyance of said .'
property.
NOW, THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA: _
Section 2. The City Council of the
City ~ of Dubuque, Iowa, hereby
approves of, accepts and consents to
the Special Warramy Deed from CMC
Heartland Partners, a copy of which is
attached hereto, as required by Iowa ,.
Code Section 569.7
Section 2. The Mayor is hereby
author[zed and directed to execute and
acknowledge on behalf of the City .of
Dubu. que any instruments m
connection herewith.
Passed, approved and adopted this
7th day of December, 1998.
Terrence M. Duggan, Mayor
Mary A. Davis CMC, City Clerk . '
Voatberg moved adop~on of the
Resolution. Seconded Dy Nicholson.-'
Motion carded 7-0.
Or[y Manager recommending _
amendment to R~oseveit Road
Assessment, presented and read.
Voetherg ,- ~ moved - that the :~
communication be received and filed. -
Seconded by, Nichoison. '-' Motion~
carded 7-0. - -
RESOLUTION - AMENDING FINAL
SCHEDULE OF ASSESSMENTS FOR
THE- ROOSEVELT STREET:
SANITARY SEWER PROJECT
Whereas. on the 7th day of August, '
1989, the City Council of the City of
Dubuque, Iowa, adected a Schedule of
Final Assessments for the Roosevelt
Street Sanitary Sewer Projec[: and -
Whereas, it has~been determined
that an'errer in the ownership records ~-
ReqUlar Session, b~c~rn~- 7, i~98
445
at the Courthouse resulted in an error
in the amount of the assessment for
Lot 13 of Weminger Subdivision; and
Whereas, in order to correct said
assessment, an amendment to the
Schedule of Final Assessment has
been proposed for said fut,
NOW. THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the attached
Schedule of Amendments of
Assessments to the Schedule of Final
Assessment as adopted by Resolution
No. 288-89 for the Roosevelt Street
Sanitary Sewer Project with respect to
the sssessmem for Lot 13 of Weminger
Subdivision, is hereby adopted.
Passed, approved and adopted this
7th day of December, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
ResoJutior. Seconded by Nicholson.
Motion carried 7-0.
Cit~ Manager recommending to
grant project schedule extension to
McLeodUSA to Apdl 15, 1999,
presented and read. Voatberg moved
that the communication be received'
and filed and approved the
recommendation. Seconded by
Nicholson. Motion carried 7-0.
City Manager requesting to submit
Grantee Performance Report.
presented and read. Voetberg moved
that the communication be recerved
and flied, Seconded by Nicholson.
Moflon carried 7-0.
RESOLUTION NO. 554-98
RESOLUTION AUTHORIZING THE
SUBMISSION OF A FLOOD
DISASTER RELIEF GRANTEE '
PERFORMANCE REPORT FOR THE
PERIOD COMMENCING AUGUST 19,
1997 AND CONCLUDING AUGUST
19, 1998 AND AUTHORIZING
RETURN OF GRANT BALANCE.
· Whereas, the City of Dubuque, Iowz,
Is a flood disaster ralief grant recipient
under the Commun~ Development
Block Grant (CDBG) Program of the
U.S. Department of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulaflons
require that after the completJor of a
program year, each eutfaement
recipient mus~ submit a performance
and evaluation report, Grantee
Performance Report (GPR); and
Whereas, the Cit~ has: 1) prepared
a GPR for the program year
commencing August 19, 1997 and
concluding August 19, 1998; 2)
published notice of availability of the
GPR in the Telegraph Herald on
November 1, 1998; 3) made copies of
the GPR available for public review at
the Public Ubrary, Community and
Economic Development Department
and City's Clerk's Office; 4) held a
public hearing pursuant to published
notice before the Community
Development Advisory Commission on
November 17, 1998 and 5) a $19,285
flood disaster relief fund balance
remains; and
Whereas, the C~ has no further
projects which meet the cdteda for use
of these funds.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Flood Disaster
Relief Grantee Performance Report for
the period commencing August 19,
1997 and concluding'August 19, 1998,
a copy of which is ar~ached, is hereby
approved for submission.
Section 2. That the Mayor of the
City of Dubuque is hereby authorized
and directed to execute the Grantee
Performance Report on behalf of the
City of Dubuque, Iowa.
Section 3. That the City Manager is
hereby authorized and directed to
submit the Grantee Performance
Report and return the balance of flood
disaster .relief funds to the U.S.
Department of .Housing and Urban
Development
Passed, approved and adopted this
7th day of December, 1998.
Torrance M Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by Nichoison
Motion carried 7-0. - . ,.. -
Surface Transportation Board
submitflng no. cation of errata to Draft
EA (Decision No. 23), presented and -
read. -Voetherg moved that the
communication be received and tiled.
Seconded by Nichoison. Motion
carried 7-0.
Cfly Manager reque~ng to authorize
Letter of Commitment for Loan to Jerja
Moore, presented and read. Voetberg
moved that the communication be
received and i~led. Seconded by
Nichoison. Motion carried 7-0.
RESOLUTION NO. 555-98
A RESOLUTION AUTHORIZING A
446 Regular Session, December 7, 1998
LETTER OF COMMITMENT AND
ADDITIONAL ACTIONS
CONCERNING A DOWNTOWN
REHABILITATION LOAN TC JORJA
MOORE,
Whereas. the City of Dubuque, Iowa,
has created a Downtown Rehabilitation
Loan Program for the purpose of
stimulating reinvestment in the
3owntown Dubuque Urban Renewal
Distdcg and
Whereas, the City of Dubuque, Iowa.
is encouraging the use of this loan
program m tinance code compliance
activities and m spur job creatior
activities; and
Whereas, the ]can application from
Jorja Moore meets the requirements of
this program; and
Whereas, a Commkmem Loan,
hereto attached and by this reference
made a part hereof, sets forth the
terms and conditions of Jqrja Moore's
participation in the Downtow,*
Rehabilitation Loan Program; end
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the application of
Joda Moore for participation in the-
Downtown Rehabilitation Loan
Program is hereby accepted and
approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the
City Councii of the City of Dubuque,
Iowa, the attached Commitment Letter
and To fopTvard said letter to JarlS'
Moore for review and approval.
Section 3. That the City Manager be
and he is hereby directed to prepare,
upon executioe and receipt of the
a~ached Commitmem Letter by the
applicant, the necessary loan
documents in accordance with the
terms and conditions set forth in said
Commitment Letter. - . -'
Section 4. That the City Manager is
hereby authorized to execute, on behaff
of the City Council of the City of ~
Dubuque, Iowa, all necessary loan-
documents and is further authorized to
disburse loan funds from the Downtown'C
Rehabilitation Loan Program. in
accoroance with the terms and
conditions of the executed agreement.
Passed, approved and adopted this
7th day of December, 1998.
Terrance M. Duggan, Mayor
Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Nicholson.
Mo'don carded 7-0.
City ~. Manager recommending
approval of amendment to Actio~ :~ian
far use of CDBG Funds, presented and
read. Vostberg moves that the
cammunicatian be received and tiled.
Seconded Dy' Nicholson. Motion
carded 7-0.
RESOLUTION NO. 556-98
RESOLUTION APPROVING AN
AMENDMENT TO THE FISCAL YEAR
1998 ANNUAL ACTION PLAN FOR
THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT
FUNDS
Whereas. the City of Dubuque
preparea and filed a 1998 Annual
Action Plan for the use of Community
Development Block Grant funds on
May 5, 1997 by Resolution Nc. 199-97;
and
Whereas, the City of Dubuque now
desires to amend said FY98 Annual
Action Plan by reallocatin~ funds from
Housing Code Enforcement,
Residential Rahab, Rental Unit Rahab
Loan and DREAMS programs to
increase funding Car the Housing
Rehabilitation services and s~aff by
$28,477, as shown on the at~ached
table entiited Exhibit A; and
Whereas, said amendment is a
substantial amendment as provided in
the City's Ci~zen Participation Plan and
must therefore be approved by
resol~an of the City C~u~il after a
public headng by the Community
Development Advisory Commission;..
and
Whereas, the City advertised a
public comment peded beginning
October 28, 1998; and
Whereas, the Commun~
Deveiopmem 'Advisory Commission
reviewed the proposed amendments at
a public hearing on December 1;1998,' :
and has. voted to approve* said:'''
amendment and' to recommend -
approval by the City Council ~ -~
NOW, THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL'
OF THE CITY OF DUBUQUE, IOWA: -:
Section 1. That the amendment to
the Fiscal Year 1998 Annual Action
Plan far the Community Development
Block Grant Program attached heratto.
as Exhibit A is hereby approved. -.c~¢~
Section 2. That the City Manager is
hereby authorized and directed to
submit a copy of this resolution to the =
U.S. Department of Housing and Urban '
Development.
Passed, approved and adopted this
7th day of December. 1998. '
Torrance M. Duggan, Mayor
Mary'A. Davis. City Clerk
Reqular Session, Dec~be~ 7i 1998 447
Voatberg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 557-98
RESOLUTION APPROVING AN
AMENDMENT TO THE 1999 ANNUAL
ACTION PLAN BY INCORPORATING
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FISCAL
YEAR 98 (JULY 1, 1997 THROUGH
JUNE 30, 1998) INTO FISCAL YEAR
99 (JULY 1, 1998 THROUGH JUNE
30, 1999)
Whereas, the City of Dubuque
prepared and flied an Annual Action
Plan for Fiscal Years 1998 and 1999;
and
Whereas, the City of Dubuque now
desires to amend said Annual Plans as
per the attached Exhibit A; and
Whereas, said amendment is a
substenfial amendment as provided iq
the City's Citizen Pa~cipa§on Plan and
must [herefore be approved by
resolution of the City Council after a
public headng by the Community
Developmem Advisory Commission;
and
Whereas, the Cb adver~sed a
public comment period beginning
October 28, 1998; and
Whereas, the Community
DeveJapment Advisory Commission
re~ewed the proposed amendment at
a public hearing on December 1, 1998,
and has voted to approve said
amendment and to recommenc
approval by the City Council.
NOW, THEREFORE. BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Sec'~on 1. That the Annual Acfion
Plans for Fiscal Years 1998 and 1999
are hereby rescinded and the balance
of funds from these plans - are
incorporated into an amendment to the
1999 Annual Action Plan hereto
attached as Exhibit A.
Section 2. That the Community
Development Block Grant Fiscal Year
1999 Annual Action Plan Amendment
1 hereto attached as Exhibit A is
hereby approved. .
Section 3. That the City Manager is
hereby authorized and directed to
submit a copy of this resolution to the-
U.S. Department of Housing and Urban
Development
Passed. approved and adopted this
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attes~ Mary A; Davis, City Clerk
Voetherg moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 70.
City of Asbury advising of voluntary
annexation of property lying west of the
City of Asbury (easterly po~on of the
Saippel Road Extension), presented
and read. Voetberg moved that the
communica~Jon be received and ~ed.
Seconded by Nichcisca. Mo'don
carded 7-0. -
RESOLUTION NO. 558-98
NOW, THEREFORE, BE IT
~:ESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
NEW
Kwik Stop Food Mad
Rainbo Oil Co Loras& Central Ave
Kwik Sto~: Food Mart _
Rainbo Oil co. 1685 JFK Rd
Passed, approved and adopted this
7th day of December, 1998:
Terrence M. Duggan, Mayor
Attest Mary A; Davis, City Clerk
Voetberg moved adop~on of the
Resolution. Seconded by Nicholson.
Motion carded 7-0. -
RESOLUTION NC. 559-98
Whereas, app[ica~ons for Beer
Perm~ have been submitted and flied
to this Counci~ for approval and-the
same have been examined and
apprevea; and . --
Whereas, the premises m be
occupied by such applicants were
inspected and found To comply with the
Ordinances of this City and have filed
proper bonds.
NOW,-~.THEREFORE,- BE ~' IT
RESOLVED BY THE CITY COUNCIL
OFTHE CITY OF DUBUQUE, IOWA;.
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS 'C" BEER PERMiT
Iowa Oil Cam IOCO Speede Shoppe
#17 +(Sunday Sale)
.' ~ ;. 2150 Twin Valley Dr
Rainbo Oil Cam Kwik Stop Food Mart
+(SundaySale) - - 1685 JFK Rd
Rainbo O2 Cam Kwik Stop Food MaN
+(Sunday Sale) .
4039 Pennsylvania'Ave
Passed, approved and adopted this
7th day December, 1998._~. ~ ' .'
Torrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
448 Regular Session, December 7, 1998
Voetberg moved adoption of the
Resolution Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 560-98
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and me 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 ali Cb Ordinances
relevant thereto and they have filed
proper bonds·
NOW, THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Liquor License.
CLASS "C"(COMMERCIAL)
BEER/LIQUOR LICENSE
Pamela Barry Arensderf
Instant Reolay+(Sunday Sale)
1602 Central Ave
+(Sunday Sale)
T & M. Inc.
+(Sunday Salel
Design Center,
+(Sunday Sale)
1413 Rockdale Rd
Mado's italian Rest.
1298 Main St
Julien Inn
200 Main St
IDJ Hoollgan's Sporls Bar &
Griil+(Sunday Sale)
Plaza 20 Shopping Ctr
Billy Buck's Inc Billy Bucks East Street
Tap+(Sunday Sale) 521 E 22no St
Passed, approved and adopted this
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetbarg move¢ adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0 .... ' -.
Buo moved that the rules were
suspended to allow anyone present to
address the Council if they so desire."
Seconded by Robbins. Motion carried
Proof of publication~ ced~ed to by
the Publisher on Notice of Public
Hearing to consider reclassifying
proper~ from AG to PUD District with a
Planned District Designation" and
adopting a Conceptual Development
Plan, with conditions for the Alpine
Heights Mobile Home Park: Objections
reclassification received from Harry J.
& Mary E. Aithaus, ;John Lanser & Jean
Mastin, Lawrence & Katherine Ludwig,
Julle Pirc-Anstoetter, Ronald, Frank &
I Al Pothcff Dennis Rath Ken &Angie
Botsford. Dick & Julie Doerr, Jeff
Jochum, Larry & Nancy Kohnen, Dan &
Shidey Lanners, Donna McCann, Jim
McCann. Joseph & Sherri Vogt, Sister
Dolores Made McHugh BVM, Pres. of
the Sister of Charity, 3am/ & Connie
Bromberg, Flexsteel lndustdes
advising of neither support or
opposition to rezonmg request,
however expressing concerns
regarding ~effic flow and related traffic
issues and potential impact on storm
water drainage on their property and
adjoining properties and Planning
Services Manager advising - written
objections exceed 20% and therefore
3/4 vote from Council is heeded for
adoption, Lawrence and Kefhedne
Ludwig advising of their withdrawal of
objections to rezomng and City Planner
advising this withdrawal now makes
opposition total 16.05% of the area
within 200 ft.. therefore a simple
majority vote needed for Daesage,
presented and read. Robbins moved
that the proof, petitions, and
communications be received and filed. _:
Seconded by Buol. Motion carded 7-0.
Ed Tschiggfde, de,~eloper of the
property, spoke of his proposed
developmenT. JeffStiles oftheZoning
Adv. Comm. s[raesed that sidewalks
are to be involved for the entire.
development Atly. Steve Juergens,
represenfing 24 property owners,-
spoke objecting to the proposed
development. Rita Bfimeyer spoke of _
flood water concerns. Jeff Jochum
spoke of concerns with access'of-
roads. Dick Doerr spoke objecting to
access, to the development as
proposed, especially traffic concerns
for Aerostar Dr. - Janaan Refh of ~:
Kennedy Ct., spoke objecting because
of traffic concerns on Aerostar? Dick
White spoke objecting because of too _:
much additional traffic in this area. -
Harry Althaus spoke opposing the
development because ~of · potential-C
trespassing and-vandalism problems<
and other concerns. Jeff Plllard spoke
objecting to Aerostar as the accass.,,'
Andy Frommelt. owner of the property,
spoke giving the background of this r:
properly and urged the Council to
approve this development. - _- Ed_
Crawford, as an Operating Engineering
Reerasentative, spoke · stating that
mobile homes make nice retirement :~
homes. Ron Licht spoke of traffic
concerns on Aerostar Dr. Dave Elliott
spoke in agreement with neighbors'
chico'dons because of traffic concerns.
Reqular Session+ December 7'i 1998
449
Joe Vogt spoke of safety concerns for
children.
An Ordinance Amending Zoning
Map by reclassifying pmperb/ located
East of Highway 52 and Southeast of
Highway 386 from AG Agricultural
District to PUD Planned Unit
Development District with a Planned
District designation and adopting a
Conceptual Development Plan, with
conditions for the Alpine Heights
Mobile Home Park, said Ordinance was
presented at the meeting of 11-6-98
with no readings given, now presented
for further action.
Michalski moved to .amend the
Ordinance as follows: Section 2F.
Performance Standards - Sub 5 - The
inital access to Alpine Heights Mobile
Home Park shall be from Peru Road at
the northeast corner of the property
and sai¢ access shall be built az a
minimum to C~ standards for private
streets; in addition, access to Aerostar
Drive shall be restricted to an
emergency access only, with said
access ~:o be gated atthe east proper~y
tine of Alpine Heights Mobile Home
Park, if Aerostar Drive is extended.
Seconded by Nichdison. Motion
carried
(OFFICIAL PUBLICATION)
ORDINANCE NO. 72-98
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
EAST OF HIGHWAY 52 AND
SOUTHEAST OF - HIGHWAY 386
FROM AG AGRICULTURAL
DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A
PLANNED DISTRICT DESIGNATION
AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN, W1TH
CONDITIONS FOR THE ALPINE
HEIGHTS MOBILE HOME PARK.
NOW, THEREFORE, BE. IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. Appendix A (the Zoning
Ordinance) of the City of Dubuque
Code of Ordinances rs hereby
amended by rectassifl/ing the
hereinafter described property from AG
Agricultural District to PUD Planned
Unit Development District with a
Planned Residential Dietrict
designation and adopting a conceptual
development plan, a copy of which is
attached to and made a part hereof,
with conditions, for the Alpine Heights
[ v~bile Home Park as stated be ow, to
Lot 2-3-W Y~-NE-Sec. 11, T89N,
R2E, NE-NE-Sec. 11, T89N, R2E,
Lot 3-SE-NE-Sec. 11, T89N, R2E,
Lot 2-NE-SE-Sec. 11, T89N, R2E,
Lot 3-3-W Y~-NE-Sec. 11, T89N,
R2E and to the center line of the
adjoining public right-of-way, and to
the center IJne of the adjoining public
right-of-way, all in the City of
Dubuque, Iowa.
Section 2. Pursuant to Iowa Code
Section 414.5 (1993}, and as an
express condito~ of the
reclassification, the undersigned
properly owner(s) agree(s) to the
fellowing conditions, ali of which the
properly owner(s} further agree(s) are
reasonable and imposed to satisfy the
public needs that are caused directly
ny the zoning reclassification:
A. Use Reaulations
The following regulstioes shall app,, to
all uses made of land in the above
described PUD District
1) Principal permitted uses shall be
limited to mobile home park as
parroted by Section 3-5.5(C) of the
Zoning Ordinance of the City of
Dubuque, towa.
2) Accessory uses shall be limited
to any use cuetomafily incidental and
subordinste to the pnncipal use it
serves.
3) No con~ngency uses wiil be
allowed.
B. Lot and Bulk Regulations.
The bulk regblations in this particular
Planned Unit Development District
shall be as follows:
Minimum Lot Area: ~,0-00 squ-~re feet
Minimum Lot Frontage: 50 feet
Maximum Lot Coverage as a Percent
of Lot Area: 50% _
Minimum Front Yard Setback in Feet: 8
feet
Minimum Side Yard Setback in Feet 6
Minimum Rear Yard Setback in Feet 8
feet
Maximum Building Height in Feet: 30
feet - . .
C. Parking Requirements
The fdilowing regdiatio.ns shall apply to
all parking areas m the above
described PR Planned Residential
1) The off-strest parking requirements
for the principal permitted use shall be
[wo (2) spaces/dwelling unit
2) No on-etreet parking will be
4 50 Regular Session, December 7, 1998
permitted in this PR District The
proper~y owner shall install signs to this
effect along the street in this PR
Distdct
D. Sions
The sign regulations in this particular
Planned Unit Development District
shall be the same as that which is
allowec in the R-4 Mult~Famlly
Residential District as established in
Section 4-3.11 Schedule of Sign
Regulations of the Zoning Qrdinance of
the City of Dubuque, iowa.
E. Site Development Standards
The site development standards for this
Planned Unit Development Distdct
shall be as follows:
1) Prior to any development' a final
site development plan shall be
submitted n accordance with Section
4-4 of the Zoning Ordinance of the C'r[y
of Dubuque, owe.
2) All private streets shall be bui~ to
a 27-foot width with curb and guttar and
a 40-foot right-of-way. Minimum cul-
de-sac radius shall be 37.5 feet
3) Ail outside rubbish, storage and
garbage cellecfion areas shall be
eermanen+Jy screened from view to a
height of ar *east s~x (6) feet, as set
for[h in Section 4-4.6(3) of the Zoning
Ordinance of the City of Dubuque,
towa
4) Adequate illumination shall be
provided To streets, sidewalks, and all
areas for vehicular and pedestrian
circulation, and shell be directed so as
not To interfere with the use and
enjoyment of adjacent properties.
5) Landscaelng shall be installed as
set forth in Secfion 4-5.3 of the Zoning
Ordinance of the C~ of Dubuque,
iowa.
F. Perf~3rmenc~e Standard8.
The develcament and maintenance of
uses in this P[armed Unit Development
District shall be established in
conformance with Sedan 3-5.5E of the~
Zoning Ordinance and the following
standards:
1) Occupancy will be limited to 115-,
dwelling units until access To Iowa
Highway 366 is constructed.
2) The access to tswa Highway 386
shall be built and open to traffic no later
than 5 years after approval of this
ordinance
3) The developer shall secure the
performance of the foregoing
conditions by aroviding a bond,' in an
amount adequate for construction of
the access to iowa Highway 386 and
'the internal streets system. The
developer shall provide the bond within
180 days after approval of this
ordinance.
4) Sidewalks shall be provided
along both sides of the internal street
system.
5) The in,el access to Alpine
Heights Mobile Home Park shall be
fram Peru Rood atthe northeast corner
of the propers,, and said access shall
be built at a minimum to City standards
for private streets; in addifion, access
to Aerostar Drive shall be restricted to
an emergency access on~y, with said
access to be gated at the east property
line of Alpine Heights Mobile Home
Park, if Aerostar Ddve is extended.
6} A storm shelter shall be
constructed to sufficient size to
accommodate all the residents of the
development. Unfil occupancy in
excess of 115 units is authorized, the
storm shelter may be of sufficient size
to accommodate ably residents of 115
units.
G. Transfer of Ownemhth
Transfer of-ownership or lease of
property in this Planned ' Unit~
Development District shall include n
the transfer or lease agreement a
pro.sion that the purchaser or leesee
acknowiedgss awareness of the
conditions authorizing the
establishment of the district_
H. Open Space and Recreafionel-'
Areas
Those areas ' designated on the
conceptual development plan as "Open
Area" shall .be maintained as open
space, as defined by Section 8 of the
Zoning Ordinance of the City of_
Dubuque, iowa and shall be ~anted
with - appropriate coniferous or
deciduous trees. ~ ' '
Section 3. A final site development
plan shall be approved by the City
Planner if found tc be in conformance
with the conceptual development plan.
If found to be in conformance with the
said plan, the issuance of beilding
permits shall be ~permittad. Following
approval of a site development p an, no
construction may take place, except in
substan~el conformance with such-
~assed, aeoroved and adopted this
7th day of December, 1998.
Terranes M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE
~' NO. 72-98 '- ~- -
I, Andrew G. =rommel[. President
and Secretary of Frommelt Hasler, inc.,
property owner, having read the terms'-
aha conditions of the foregoing
Ordinance No. 72-98 and being familiar
with the conditions thereof, hereby
Reqular Session~ December 7+ 1998 451
accept the same and agree to the
cond~ons required therein.
Dated this 7th day of December,
1998.
FROMMELT HASLER, INC,
By/s/Andrew G. Frommeit
President and Secretary
Published officially in the Telegraph
Herald newspaper this 17th day of
December, 1998.
Mary A. Davis CMC, City Clerk
It 12J17
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for oassags
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended. Seconded by
BuoL Motion carried 7-0. Robbins
moved final consideration and passage
of the Ordinance, as amended.
Seconded by Buot. Motion carded 7-0.
Council recessed at 9:59 p.m.;
Council reconvened at 10:07 p.m.
Proof of publication certified to by
the Publisher on Notice of Public
Headng to reclassify property at 1670
Asbury Road from OS an~ R-I to C-2
District, presented and read. Buol
moved that the communicafion be
received and filed_ Seconded by
Nichoison. Motion carried 7-0.
Bob Leytem spoke requesting
reclassification.
An Ordinance Amending Zoning Map
by reclassKying property located at
1670 Asbury Road from OR Office
Residential Diatric[ and R-~ Single-
Family Residenfia' District to C-2
Neighborhood Shopping Center
District, with first and second readings
given on 11-16-98, now presented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 73-98
AN ORDINANCE AMENDING
APPENDIX A {THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
1670 ASBURY ROAD FROI~ OR
OFFICE RESIDENTIAL DISTRICT
AND R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO C-2
NEIGHBORHOOD SHOPPING
CENTER 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 OR
Office Residential District and R-1
Single-Family Residential District to C-
2 Neighborhood Shopping Center
District, to wit:
South 60 fee[ of _ct 5. Finley
Addition, and to the center line 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 City of Dubuque,
iowa.
Section 3. This ordinance shall take
effect immediataly upon publication, as
provided by law.
Passed, approved and adopted this
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attest:. Mary A. Davis, C~ Clerk
Published officially in the Telegraph
Herald newspaper this.
It 12/ Mary A. Davis CMC, City Clerk
Buol maved final consideration and
passage ef the Ordinance. Seconded
by Nicheison. Motion carried 7-0. .
Proof of publication certified to by
the Publisher on Notice of Public
Hearing to reclass~ property at comer
of Key West Dr. and Maquekata Dr.
from PR to C-2 District, presented and
read. Michaiski moved that the proof
be received and flied. Seconded by
Markham. Motion carried 7-0.
Jim Kaune representing Table
Mound Mobile Home Park spoke
requesting the re. zoning.
An Ordnance Amending Zoning Map
by reclassifying property located at the
Southwest comer of Key West Drive
and Maquoksta Drive from PR Planned -
Residential District to C-2
Neighborhood Shopping Center
District, with first & second readings
given 11~16-98, now .presented for
further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 74-98
AN ORDINANCE AMENDING
APPENDIX A {THE ZONING
ORDINANCE) OF THE CiTY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
452 Regular Session, December 7, 1998
AT THE SOUTHWEST CORNER OF
KEY WEST DRIVE AND
MAQUOKETA DRIVE fro~/ Pr
PLANNED RESIDENTIAL DISTRICT
TO C-2 NEIGHBORHOOD SHOPPING
CENTER 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 s
hereby amended by reclassifying the
hereinafter described prege~ from PR
Planned Residentia District To C-2
Neighborhood Shopping Center
District, to wit
Lot lA of Annie Waller's Subdivision
No. 2 and all that part of Lot 2 of I of
of 1 of 1 of 1 of I of 1 of Annie Walier's
Subdivision No.-2 in the City of
Dubuque, Iowa ~ying southerly of a line
69 feet normally distant southerly from
ano parallel to the southerly line of Lot
1 of'~ ofl. ofloflofl of 1 oflof
Annie Wallet's Subdivision No. 2 and
lying eastedy of a line 125 feet
normally distant easterly from and
parallel to the centedine of La Matte
Street ane lying northerly of a line 100
feet normally distant northerly from and
paralie to the centerline of Kremer
Park Ddve, sai¢ La Matte Street and
Krame- Park Drive as now located in
Table Mound Mobile Home Park, and
to the center line of the adjoining public
right-of-way, all in the City of Dub. uque
Iowa.
Section 2 The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City of Dubuque,
lows.
Section 3. This ordinanceshalltake
effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
7th day of December. 1998.
Terrence M. Duggan, Mayor
At~est: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
December 1998.
Mary A. Davis CMC, C~ Cler~k
It 12/11
Michalski moved final consideretior,
and passage of the Ordinance
Seconded by Markham. Motion carried
7-9
Proof of publication cert~ied to by
the Publisher on Notice of Public
Headng to reclassify property at 2162
Rockdale Rd. from AG to R-1 District,'
presented and read. Robbins movec
that the proof be received and filed
Seconded by Nicholson. Motion
carried 7-0.
An Ordinance Amending Zoning Map
by recless;fying proper~y located at
2162 Rockdale Road from AG
Agriculture1 D~strict to R-1 Single-
Family Residential District, presented
and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 75-98
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES,
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2162 ROCKDALE ROAD FROM
AG AGRICULTURAL DISTRICT TO R-
I SINGLE-FAMILY 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 AG
Agricultural District to R-1 Single-
Family Residential District, to wit:
Lot 1 of 1, Lot 2 of Lot 1 of Mineral
Lot 482, and to the center line of the
adjoining public right-of-way, all in the
City of Dubuoue, Iowa.
Section 2. The foregoing
amendment has heretofore been
reviewed by the Zoning Advisory
Commission of the City o~ Dubuque,
Iowa.
Secti~ 3. This ordinance shall ~ke
effect immediatay upon publication, as"
provided by law. ;~.
Passed, approved and adopted this
7th day of December, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, C~ Clerk
Published officially in the Telegraph
Herald n&wspaper .this 11th . day of
December:, 1998.. ~ ~ ,-.~.~
It 12J'11Mary A. Davis CMC, City Clark
Robbins moved final consderatlon
and passage of- the Ordinance:.."i
Seconded by Nicholson. '_7.Motidd;
carded 7-0. .. :
Probf ef publication certified to
the Publisher on Notice of' Public
Heating to receive public input on.
spending of FY'97 and. FY'98 Block
Granl Funds for Law Enforcement
Center, presented and read. No public
Reqular Session, December 7i 1998 453
input was received. Buol moved that
the proof be received and tiled.
Seconded by Voetberg. Motion carded
Proof of publication certified to by
the Publisher on Notice of Public
Headng to vacate portions of storm
sewer easement in Sunset Park
Seventh Addition and City Manager
recommending to approve Release of
Easement, presented and read. Buol
moved that the proof and
communication be received and filed.
Seconded by Michalski. Motion carried
RESOLUTION NO. 561-9~
Whereas, pursuant to resolution and
published notice of time ane piaca of
hearing, published in the Telegraph
Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on 27th day of
November, 1998 the City Council of the
City of Dubuque, Iowa met on the 7th
day of December, 1998 at 7:00 p.m. in
the Public Library Auditorium, 11th and
Locust, Dubuque, Dubuque, County,
Iowa to consider the proposal for the
release of real estate described as:
A 4 foot by 35 foot storm sewer
easement on Lots 14 and 15 of Sunset
Park Seventh Addition in the City of
Dubuque, Iowa, as shown on the
attached Exhibit A
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and ali
objections, oral or Written to the
proposal to dispose of interest of the
City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW, THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the
interest of ~he City of Dubuque,
Dubuque County, Iowa in real property
deecdbed as a 4 foot by 35 foot storm
sewer easement on Lots 14 and 15 of
Sunset Park Seventh Addition in the
City of Dubuque, Iowa, be and the
same is hereby approved for the cost
of publication and filing fees.
Section 2. That the Mayor be
authorized and directed to execute a
Release of Easement, and the City
Clerk be and is hereby authorized and
directed to deliver said Release to Cad
J. Burbacn, upon receipt of the above
fees
Section 3. That the City Clerk be
and is hereby authorized and directed
to record ~ certified copy of this
rasolution in the office of the City
Assessor, Dubuque County Recorder
and the Dubuque County Auditor.
Passed approved and adopted this
7th day of December 1998.
Terranca M. Duggan, Mayor
Attest: MaryA. Davis CityClerk
Buai moved adoption of the
rasai~on. Seconded by Michaiski.
Motion carried 7-0. '
Proofs of publication certified to by
the Publisher on Notice of Public
Hearing to consider disposing of City's
interest of former IDOT property, par~ of
West First Street and the alley behveen
Main Street and Freeway - Bishop
Block and City Manager recommending
to proceed with disposal of property,
presented and read. Voetberg moved
that the proofs and communication be
received and tiled. Seconded by
Markham. Motion carded 7-0.
An Ordinance Vacating the "A' Part
of West First Street and an Alley East
of Main Street from Locust Street
Connector to West First Street,
presented and reeo.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 76-98
ORDINANCE VACATING A PART OF
WEST FIRST STREET AND AN
ALLEY EAST OF MAIN STREET
FROM LOCUST STREET
CONNECTOR TO WEST FIRST
STREET
Whereas, .the City of Dubuque has
requested the vaca~ng of a par~ of
West First Street and an alley east of
Mair Street from Locust Street
Connector to West First Street
Whereas,- [IW Englneem ' -and
Surveyors P.C. have prepared and
subm~ed to the City Council a plat
showing the vacated portion of a part of
West First Street and an alley east of
Main Street frorr Locust Street'
Connector to West First Street and
assigned lct numbers theretc, which
hereinafter shall be known and
described as Lots 1.~ 1C, and 3A of
Block 1 of Dubuque Harbor Company
AddiSon in the City of Dubuque,
Dubuque County, Iowa; and-"
Whereas, the C~ Council of the City'"
of Dubuque, Iowa has determined that
this part of West First Street and an
alley east of Main Street from Locust
Street Cennemor to West First Street is
no 'longer required for public use,
except for ufll~ easements as noted,
and vacating of said poffdone of alleys
and streets known as Lots lA, 1C, and
3A of Block I of Dubuque Harbor
454 Regular Session, December 7, 1998
Company Addition 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, 1C, and 3A of
Block 1 of Dubuque Harbor Company
Addition in the City of Dubuque, Iowa,
be and the same is hereby vacated.
Section 2. The City of Dubuque
reserves unto itseff a perpetual
easement including the fight of ingress
and egress thereto, for the purpose of
erecting, installing, construc~ng,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and elestdc lines as may be
authorized by the City of Dubuque,
iowa.
Passed. approved and adopted this
7th day of December. 1998
Terranca M. Duggan, Mayor
Attest: Maw.A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
December, 1998.
It 12/11Mary A. Davis CMC, City Clerk
Voetberg ' moved- that the
requirement that a proposed Ordinance
be considered and voted on. for
passage at two Council Meetings prior '_
to the meeting at which it is to be finally
passed be suspended. Seconded by
Markham. Motion carried 7-0.
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Markham. Motion carried
7-9.
RESOLUTION NO. 562-98
Whereas, pursuant to resolution and
published nol]ce of time and place of
hearing, published in the Telegraph
Herald, - a newspaper - of genera[
circulafion published in the C~ of
Dubuque, Iowa on 27th day of
November, 1998, the City Council of
me City of Dubuque, Iowa met on the
7th day of December, 1998 at 7:00
P.m. in the Public Library Auditorium _
11th and Locust, Dubuque. Dubuque
County, Iowa to consider the proposal
for the sale of real estate described as:
Lets lA. lB and 1C of Block 1 of
Dubuque Harbor Company Add,on in
the OH of Dubuque, Iowa
Whereas. the City Council of the City ..';
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such real estate,
except for easement as noted.
NOW THEREFORE BE . FF
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1 That the ee[e of City of
Dubuque 'eal property dsscfibed as
Lots lA. lB and lC of Block 1 of
Dubuque Harbor Company Addition in
the City of Dubuque, iowa to Bishops
Block Limited Partnership be and the
same is hereby approved upon the
payment of $1,500.00 plus the cost of
publication, platting, filing fees and
upon the granting of parking, access
and utility easements across Lots lA
and 1C of Block i of Dubuque Harbor
Company Addition in the City of
Dubuque, Iowa, to Robert and Jane
Mehd and David and Linde Herbst and
their successors and ' assigns.
Conveyance shall be by Quit Clelrr
Deed.
Section 2. That the Mayor be
authorized and directed to exeeu~e a
Quit Claim Deed and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Bishops Block Umited Partnership
upon receipt of the specified
consideration.
Section 3. That the cr[Y Clerk be
and is hereby authorized and directed
to record a certified copy of this
resa[ufion in the office of the City
Assessor, Dubuque County Recorder.
and Dubuque County Auditor.
Passed, approved and adopted this
7th day of December, 1998.
-"- Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Rssa[ution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 563-98 -
Whereas. pursuant to resolution and
eublished notice of time and place of
hearing published in the Telegraph
Herald, - a - newspaper of. general ~.
circdlation published' in' the City.~.-of :'
Dubuque, Iowa on 27th day ' of.~...
November, 1998, the City Council of
the City of Dubuque, iowa met on the;
7th day of December, 19~8 ~t.7:00.
p.m. in the Public Library Auditorium,
11th and Locust, Dubuque, Dubuque
County, Iowa to consider the proposal
for the sale of real estate described as:
Lots 3A and 3B of Block I of
Dubuque Harbor Company Addition in:
the City of Dubuque, Iowa. :-: - -
Whereas, the C~ Council of the City
of Dubuque, owe overruled any and Ell
objections, oral or- written to the
propeea[ th sell such real estate,
except for easement as noted.
Reqular Session~ December 7~ 1998
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the seie of City of
Dubuque real properly described as
Lots 3A and 3B of Block 1 of Dubuque
Harbor Company Addition in the City of
Dubuque, Iowa to Robert Mehd and
Jane Mehd be and the same is hereby
approved upon the transfer of all rights
(except access and u~lit~ easements)
in Lot lA of Block 1 of Dubuque Harbor
Company Addition in the City of
Dubuque, Iowa to Bishop's Block
Limited Partnership. Conveyance shall
be by Quit Claim Deed.
Section 2. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Robert Mehd and Jane Mehri upon
receipt of the specified consideration.
Section 3. That the City Clerk be
and is hereby authorized and directed
to record a cart~ed copy of this
reeeiution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
7th day of Desamber' 1998.
Terranca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carded 7-0.
Proofs ~f Publication certified to by
the Publisher on Notice of Hsanng on
Plans & Specs. and Nofica to Bidders
on the Receipt of Bids for Construction
of Bunker Hill Geif Course Wastewater
Pump Station and Force Main and City
Manager recommending to award
contract for bids, presented and read.
Voetberg moved that the proofs and
communication be received and tiled.
Seconded by Robbins. Motion carried
RESOLUTION 564-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 2nd day of
November, t998, plan-., specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque Iowa for the
CONSTRUCTION OF THE BUNKER
HILL GOLF COURSE WASTEWATER
PUMP STATION AND FORCE MAIN.
WHEREAS, notice of hearing on
plans, specifications, form of contract
and estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, approved and adopted this
7th day of December, 1998.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 565-98
AWARDING CONTRACT
WHEREAS, sealed proposals have
been submitted by contractors for the
CONSTRUCTION OF THE BUNKER
HILL GOLF COURSE WASTEWATER
PUMP STATION AND FORCE MAIN,
pursuant to Rssdiufion No. 495-98,
and no~ce to bidders publisbed in a
newspaper published in the City of
Dubuque, Iowa, on the 6th day of
November, 1998.
WHEREAS, said sealed propcaais
were opened and read on the 24th day
of November, 1998, and it has been
determined that the bid of ACE
GENERAL CONSTRUCTION
CORPORATION, in the amount of
$32.250 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 ACE
GENERAL -CONSTRUCTION
CORPORATION, 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
7th day of December, 1998.
Terranca M. Duggan, Mayor
Attest: Mapj A. Davis, City Clerk
Voetberg moved adoption of the
Reseiutior,. Seconde~ by Robbins.
456 Regular Session, December 7, 1998
Motion carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of South Fork [ntemeptor Sewer
Extension Phase Ill, and City
Manager recommending to award
contract for bids. presented and read.
Buo[ moved that the proofs and
communication be received and tiled.
Seconded by Nicholson. t, lotion
carried 7-G.
RESOLUTION NO. 566-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas. on the 28th day of
October, 1995, plans, specifications,
form of contract and estimated cost
were flied with the City Clerk of
Dubuque, Iowa for the South Fork -
Interceptor Sewer Extension - Phase'
Whereas notice of headng on plans,
specificetions, form of contract, and
e~mated cost was published as
required Dy 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 e~mated cost are,:-
~ereby approved as the plans,
specifications, form of contract and '
estimated cost for said improvements
for saic project
Passed, aoapted and approved this
7th day of December, 1998.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis. City Clerk
Buol reaved adoption of the'
resolution. Seconded by Nicholecn.
for in the plans and specifications.
NOW THEREFORE, BE IT
I RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the con[ract for the above
improvemen[ De awarded to Stewart
Construction Company, Inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the . .compete
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
7th day of December. 1998.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoetion - of the
resolution. Seconded by Nicholson.
Mo'don carried 7-0.
Proofs of publication certified to by
the Publisher on Notice of Headng
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of Dubuque Greyhound Park & Casino
Parking Lot and. City Manager
recommending to award contract for
bids,-presented and read. Robbins
movec that the proofs and
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 568-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 28th day of
October, 1998, plans, specifications,
Motion carried 7-0. form of contract and estimated cost
'"-' "' were, filed with the City.~Clerk-jof.:~.
RESOLUTION NO. 567-98 ~- .... -" ? Dubu~lue, Iowa for. the,-Dubuque
AWARDING CONTRACT -'-
Greyhound Park and ~as]no - Parking
Whereas, sealed proposals h~ve ''~ Lot. ~ .....
been subm~ed by contractors for'the :' W~reas, notice of hearing on plans,
Southfork Interceptor Sewer Extession'''~: specifications, form of contract, and
- Phase Ill pursuant to Resolution No.,'
498-98 and notice to bidders published e~mated cost .was published as
n a new~paper published in the City of required by law. --
Dubuque, iowa on the 6th day of
~ovembe[ 1998.
Whereas, said sealed proposals
were opened and read on the25th day
of November, 1998 and it has been''r
determined that the bid of Stewar[
Construction Company, Inc. of East
Dubuque, Illinois, 'in the amount of
$689.877.55 was the lowest bid for the
furnishings of all labor and materials
anc performing the work as provided
NOW THEREFORE:' BE:- 1T
RESOLVED BY THE CITY COUNCIL,
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specitications,~
form of contract and estimated cest are
hereby approved as the plans,
specifications, form"of_contrect and'
estimated cosl for said improvemenm
for said project. ".
Passed, adored and approved this
Fth day of December, 1998.
Regular SessiOn, D~e~be~ 7; 1998
457
Terranee M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 569-98
AWARDING CONTRACT
Whereas, sealed proposals have
been subm~ed by contractors for the
Dubuque Greyhound Park and Casino -
Parking Lot pursuant to Resolution No.
492-98 and notice to bidders published
in a newspaper published in the City of
Dubuque, Iowa on the 6th day of
November, 1998.
Whereas, said sealed 9repoeeis
were opened and read on the 24th day
of November, 1998 and it has been
determined that the bid of Westphai
and Company, Inc. of Dubuque, Iowa in
the amount of $192,994.00 was the
Iowes~ bid for the furnishings of all
labor and msteriais and performing the
work as provided for in ne plans and
specifications.
NOW THEREFORE. BE FF
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the contract for the above
improvement be awarded to Westphal
and Company, Inc. and the Manager
be and is hereby directed to execute a
contract or behalf of the City of
Dubuque for the complete performance
ofthework.
BE IT FURTHER RESOLVED:
That upon the signing of said
contract and the apprevai of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsucceesful
bidders.
Passed, approved and adopted this
7th day of December, 1998.
Torrance M. Duggan, Ma,,or
At[est Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicheison.
Motion carried 7-0.
Proofs of publication eer~tied to by
the Publisher on Notice of Hearing on
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for
Reconstruction of First Street and
Locus~ Street Intersection and City
Manager recommending to award
contract for bids, presented and read.
Voetberg moved that the proofs and
communication be received and filed.
Seconded byMarkham. Motion carried
7q3.
RESOLUTION NO. 570-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the llth day of
November, 1998, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Reconstruction
of First Street and Locust Street
Intersection.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by law.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the said plans, spedfications,
form of contract and estimated cost are
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project
Passed, adopted and approved this
7th day of December, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 571-98
AWARDING CONTRACT
Whereas, sealed proposals have
been submitled by contractors for the
Reconstruction of First Street and
Locust Street Intersection pursuant to
Resolution No. 541-98 and notice to
bidders published in a newspaper
published in the City of Dubuque, owa
on the 20th day of October, 1998.
Whereas, said sealed Dropesai~
were opened and read ~n the 25th day
of November, 1998 and it has been
determined that the bid of Horsfield
Construction Company, Inc. of
Epwoff. h, Iowa in the amount of
$48,628.40 was the lowest bid for the
furnishings of all labor and materials
and performing the work as provided
for in the plane 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 Horsfield
Construction Company, inc. and the
Manager be and is hereby directed to
execute a contract on behalf of the City
of Dubuque for the complete
performance of the work.
BE Fi" FURTHER RESOLVED:
That upon the signing of said
458 Regular Session, December 7, 1998
contract and the approval of the
contractor's band, the City Treasurer is
authorized and instructed to return the
bid deposits of the unsuccessful
bidders.
Passed. approved and adopted this
7th day cf December, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voatberg moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-0.
Proofs of publication ced~ed to by
the Publisher on Notice of Hearing or
Plans & Specs. and Notice to Bidders
on the Receipt of Bids for Construction
of Vacuum Filter Building at Eagle
Point Water Plant and City Manager
recommending to award contract for
bids. presented anc reae. Robbins
moved that the proofs - and-
communication be received an¢ t~led.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 572-98
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas on the 20th day of
November, 1998 plans, spect~cations,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the constra~en of a
400 sq. ft. room located to the Vacuum
Filler Building located at the Eagle
Point Water Plant, 1902 Hawthorne St., .-
Dubuque, Iowa.
Whereas, notice of hearing en Plan§,
specifications form of contram and
e~mated cost was published ~ as
required by law.
NOW - THEREFORE. BE - IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY QF DUBUQUE, IOWA:
Section 1. The said plans,
specificafions, form of contract and
estimated cost are hereby appro~,ed as
the- ;lans, specifications, form of
contract anc eatJrnated cost for said
improvements for said project
Passed. approved and adopted this
7th day of December, 1998. ~; '
Torrance M. Duggan, Mayor
Attest: Ma~' A: Davis, City Clerk
Robbins moved adoption of the
resolution. ' Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 573-98
AWARD OF CONTRACT
Authorizing the City Manager"fo
execute a contract with Renaissance of
Dubuque Corporation for the
construction of a new Vacuum Filler
Plant Electrical Room.
Whereas. the new Vacuum Filter
Plant Electrical Room Project has been
budgeted and
Whereas. Renaissance of Dubuque
Corporation of Dubuque, Iowa has
submitted to the City an Agreement to
conduct construction se~c~s of this
improvement in the amount of
$46,175.00 dollars.
Whereas, Funds have been legatly
appropriated for this expenditure.
Now therefore, be it resolved by the
City Council of the Cfty of Dubuque,
Iowa.
Section 1. That the City Manager be
authorized to execute the. Agreement
for construction se~ces with
Renaissance of Dubuque Corporation
of Dubuque, Iowa dated December 1,
1998 for the construction of a new
Vacuum Filler Plant Electrical Room.
Passed, approved and adopted this
7th day of December, 1998.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Robbins moved adoption of the
resolution. Seccnded by Nicholsea.
Motion carried 7-0. _ ·
I Hearing(s) on ~lvil 'F;naltiss for
Tobacco Licensees - Providing for the
assessment of $300.00 for each
business - Cue Master at 900 Central
Ave., Denny's Lux Club at 3050 Asbury
Rd., Eagle Food Centers at 300 S.
Locust, Har[ig Drug at 700 Town Clock
Plaza, Hy-Vee Food Store at 3500
Dodge St, K-Mart at 2600 Dodge St,
King of Clubs at 1902 Central Ave.,
Milk House at 620 S. Grandview Ave.,
and Pop's Gas at 1685 JFK Road.._
Pop's Gas submitted a Resistance
and Plee of Not Guiity. Barbara Field ~
representing Hartig Drug Co. also-
spoke. Voetberg moved that the-;
assessments be approved and that the
communication be received and filed. -
Seconded by Nicholsan. Motion carried
7-0.
mllting pefition containing 42 plus 1006
signatures objecting to the proposed. ~
auto reaair and salvage business at '
1105 Julien Dubuque D~e and ~
formally appealing the interpretation
the PI District ordinance requiring 'the.-.>
screening of outdoor storage materials _...
and equipment and aisc eskthg for a
reinterpretation'of the Dubuque ~
Code, Section 29-6 requiring screemng
of salvage operations; Gerda Preston
Hat, man objecting zo salvage yard in
Reqular Session, DeC~be~?, 1998
459
area of Julian Dubuque Monument, as
proposed by Mr. Kunde, being of
opinion the location would be
detrimental to the landscape and
environment; Mole Oil Company
opposing sa,'vaga yard at located
proposed by Mr. Kunde; Carla Crehan
submitting comments regarding
Roger's Auto Salvage Yard Locafion;
Lois Lampe endorsing location area for
the salvage yard; City Manager
submitting additional informa'~on on
status of Auto Salvage Yard; Petiiton
containing approx. 700 signatures
supporting the relocation with no
reservations of Roger's Auto Salvage
to 1105 Julien Dubuque Dr.,a dead-end
road, presented and read. Buol moved
that the patens and communications
be received and filed Seconded by
Nicholson. Motion carded 7-0.
Regina Thibeau and Sr. Dolores
Marie McHugh spoke objecting to
present plans, requesting that the
pmpoeed project be put in an enclosed
building. Roger Kuede spoke elarf~ng
specifics of his project.
Buol moved that they direct Staff in
the screening plan for this indMdual
prem~see to conclude that an enclosed
building is necessary to eliminate the
visual impact of the junk yard contents
etc. However much of this area is to
be used for salvage operations,
storage of wrecked cars or whatever,
that is to be screened. If it has to be
screened, it has to be screened ay an
enclosed building. Seconded by
Nicholson. Motion carded 7-0.
Direction on the process for
appointment to Cffy Enterpdee Zone
Commission (one (1) representative of
an interna~onal labor organization, one
(1) reprssentatJve of the City Council -
one (1) member of the City's Long
:~ange Planning Commission (Terms to
be one, [we or three years.) and
Corporation Counsel submitting opinion
regarding appointment of City
Employee to Enterprise Zone
Commission, presented an~ read.
Nichoison moved that this matter be
referred to the Corporation Counsel to
prepare an Ordinance exempting the
City Manager and Assistant C~
Manager as appointees [o a
Commission. Seconded by Micha~ski.
Motion carried 7-0.
City Manager submitting Ordinance
providing for diagonal parking on 4th &
5th Streets, and an Ordinance
Adopting a New Section 32-271 in lieu
thereof relating to backing for the
purposes of parking in the Business
Disttic~, presented and read. Voetberg
moved that this matter be tabled.
Seconded by Michalski. Me,on carried
7-0.
City Manager recommending
approval for Dubuque Amedcan Legion
to construct a canopy on Delhi St.,
presented and read. Veatberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0
An Ordinance Authorizing Dubuque
American Legion to construct a fabric
canopy at 1309 Delhi St., presented
and read.
(OFFICIAL PUBUCATION)
ORDINANCE NO. 77-98
AN ORDINANCE AUTHORIZING DAL
BUILDING CORPORATION TO
CONSTRUCT FABPJC CANOPY
AWNING
NOW THEREFORE. BE [T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That DAL Building
Corporation as the owner of the
premises known as 1306 Delhi Street,
Dubuque, Iowa, be and they are hereby
granted the revocable permit and
authority to construct and maintair a
fabric canopy awning under the terms
and conditions set for[h in this
Ordinance.
Section 2; That such constructio~
shall be done in accordance with plans
heretofore submitted by permtitses and
approved by the C~' Manager, under
the supervision and direc~on of the Cfty
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liabitffy for
damages to eersoss or ~rsper~ which
may result from the existence, location=
installation, construction or
maintenance of said fabric canopy
awning; and
b. Procure and maintain in force during
the mrm of this permit a policy of
liability insurance as set forth in the
attached insurance Schedule; and
c. Pay on behalf of the City of
Dubuque, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
460 Regular Session, December 7, 1998
upon the City of Dubuque for damages
of any kind rasu[ting from the location,
installation, existence, construction or
maintenance of said fabdc canopy
awning sustained by any person or
persons, caused by accident or
otherwise to defend at its own expense
and on behalf of said City any claim
against the City of Dubuque adsmg out
of the Iocatior,, inatallation, existence,
construction or maintenance of fabdc
canopy awning and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the City
of Dubuque flee and harmless from
any and ail claims, loss, liability and
expense for death and/or injudas to
third persons or damages to property of
third persons, or for damage to any
proper~y of the City of Dubuque which
may occur as a result of or in
connection with the location,
instsllatior., construction, maintenance
and repair of the facility, work or
improvemea[ permitted herein.
Section 4. That the p~rmis~ion
herein granted is expressly conditioned
upon permittees' further agreement that
should the right and'privilege herein
granted be rescinded or revoked by the
City Council, permtitees, or. their
successors in interest, as owners of the
abutiJng property, sha~ within ten (10)
days after receipt of written notice f~om ·
the City Manager, so to do, at theit own
expense, remove said fabdc canopy
awning and in the event of their failure
to do so, the City of Dubuque shall be
authorized to remove said fabdc
canopy awning at perm~ees' expense
and dispose of the same· and the
permittee shall have no claim against
the City or its agents for damages-
resulting from the removal of said fabric ~
canopy awning·
Section 5. That per~ittees covenant ."
and agree that the revocable permit
herein granted does not constitute an
approval .of the design, erection,
location, construction,_ repair or.
maintenance of said facility.and 'said
permittees hereby covenant and agree
no[ to assert such claim or defense
against the City of Dubuque In the~
event of claim asserted for
personal · injunes and/or property
damage against the permittaes adsing
out of or in any way connected with the
location, installation,' construetion,
design, repair and maintenance of the
facility herein perm~ed..
Section 6..This ordinance
become effe~ve and me fights
hereunder accrue to Decamber
1995 when this Ordinance has been
adopted by the City Council and the
terms and conditions thereof accepted
by permittees by acceptance endorsed
on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed
file at permitteas' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
7th day of Decamber, 1998.
Terrance M Duggan, Mayor
At[est Mary A. Davis, City Clerk
ACCEPTANCE OF
· ORDINANCE NO. 77-98
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 77-98,
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
permittaes
- By: JamesA. Schute
Secretary, DAL Building Corp.
11/17/98
Published officially in the Telegraph
Herald newspaper this 11th day of
December, 1998.
Mary A. Davis CMC. City Clerk
lt12/11 : -
Voetberg moved that the
requitement 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
passed be suspended· Seconded by
Buol. Motion carded 7-0. Voetberg
moved final consideration and passage
of the Ordinance. Seconded by Buol.
Motion carried 7-0.
Horizon ,. Development- Group :'
requesting ~esistance from the City to-"
private property located at 12801-':'
Nightengale Lane by using the City's
eminent domain powers,· and-City
Manager recommending to proceed
with eminent domain proceedings,'~=
presented and read. Viarkham moved
that'the communications be received
and tiled." Seconded by Buol. Motion'
carried 7-0. ' ..........
RESOLUTION NO. 574-98'"
Whereas. Horizon Deveiopment has
been negotiating with Kevin and Diane-
Torrey, owners of record for an.
easement necessary for extension of a
sanitary sewer · line to ·service '
Woodland Ridge Subdivision; anc
Reqular SessiOn, D~Ceml~ 7; 1998 46 ]
Whereas, Horizon Development has
not been successful after reasonable
attempts in its efforts to negofiate a
sale and pumhase price for the
required easement; and
Whereas, the Cb of Dubuque finds
and determines that it is in the best
interest of the City that eminent domain
proceedings should be instituted to
acquire the needed sanitary sewer
easement.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That eminent domain
proceedings be ins~uted forthwith by
the City of Dubuque, Iowa. for
acquisition of a public sanitary sewer
easement across Lot 1-2-2~1-1 of
Mineral Lot 278. subject to Horizon
Development agreeing to the terms
hereof.
Section 2. That the corporation
Counsel be and is hereby directed and
empowered to do any and all things
necessary and incidental [o said
eminent domain proceedings.
Section 3. That Horizon
Development shell be responsible for
and reimburse the Cb for ail costs
retated thereto, incJuding the Cites
attorney fees, and the costs of
acquisition of the easement, and
Horizon Development shell also agree
re save, defend and hold the City
harmless from any and all claims
arising out of the eminent domain
proceedings.
Passed, approved and adopted this
7th day of December, 1998.
Terrance M. Duggan, Mayor
Attest Mary A: Davis, City Clerk
Markham moves adoption of the
Resolu~on. Seconded by Buol. Motio~
carried 7-0.
Dubuque County' Boar~ of
Supervisors requesting City .vacate
Eighth Street in the block between Iowa
St. & CentraJ Ave., and deed to
Dubuque County, presented and reao.
Markham moved that the Council
recognizes the request and advise that
they are open to discuselen to share
the plan. Seconded by Nichoison.
Me,on carried 7-0.
DRA reques~ng appointment ~f
City's designees to DRA Board of
Direc[ora for year 1999, (Currently City
Manager Michael Van Milligen, Mayor
Terry Duggan and Council Members
Roy Buol and John Markham),
presented and read. Nicholson moved
that the same individuals conitnue to
serve on the Board. Seconded by
MichelskJ. Motion carried 7-0.
City Manager recommending public
hearing be set for December 21, 1998
to vacate a portion of Comall St. and
adjacent alley between 16th & 17th
Sts.; presented and read. Voetberg'
moved that the communicafion be
received and filed. Seconded by Buol.
Motion carded 7-0.
RESOLUTION NO. 575-98
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTION OF
CORNELL STREET AND ADJACENT
ALLEY BETWEEN 16TH AND 17TH
STREETS
Whereas, there has been presentad
to the City Council of the C~ of
Dubuque, Iowa. a plat dated November
17, 1998, prepared by Schneider Land
Surveying and Planning, describing the
proposed vacated po~ca of Cornell
Street and adjacent elley between 16th
and 17th Streets; and
Whereas, said plat confer'ms 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,
November 17, 1998, prepared by
Schneider Land Surveying and
Planning, relate to the real estate
herelnabove dsacdbed by and the
same is hereby approved, and the
Mayor and City Clerk be and they are
hereby authorized and directed to
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Section 2. That the C~ Clerk be
and is hereby authorized and directed
to file said plat and car~ed copy of this
resolution in the office of the Resardec
in and for Dubuque County, Iowa.
Passed, approved and adopted this
7th day of December, 1998.
Terranca M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved ado~on of the
Resciufion. SecopdedbyBuci. Motion
carried 7-0. - · ·
(OFFICIAL PUBLICATION)
ORDINANCE NO. 78-98
ORDINANCE VACATING A PORTION
OF CORNELL STREET AND
ADJACENT ALLEY BETWEEN 16TH
AND 17TH STREETS
Whereas, Roneld R. White has
requested the vaca'dng nfa portion of
Comell Street and adjacent alley
between 16th and 17th Streets; and
Regular Session December 7, 1998
Whereas: Schneider Land Sun/eying
and Planning has prepared and
submitted to the City Council a plat
snowing the vacated portion of Cornell
Streel and adjacent alley between 16th
and 17th Streets ane assigned lot
numbers thereto, which hereinafter
shall Pe known and described as Lot
24A and Lot 24B of Morgan's
Subdivision n the City of Dubuque,
Dubuque County, Iowa;
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this portion of Comell Street and
adjacent atley between 16th and 17th
Streets is no longer required for public
use vacating of said portions of Comell
Street and adjacent alley known as Lot
24A and Lot 24B of Morgan's
Subdivision in the City of Dubuque,
Dubuque County, Iowa should be
approved.
NOW THEREFORE, 9E IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the rea] estate
described as Lot 24A and Lot 24B of
Morgan's Subdivision in the City
Dubuque, Iowa, be and the same is
hereby vacated.
Passed. approved and adopted this
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the TelegraPh
Herald newspaper this 11th day of
December, 1998
Mary A. Davis CMC. City Clerk
It 1211
Voatberg moved that tf{e
requirement that a proposed Ordinance
be considered and voted on -for
passage at two Council Meetings prior
to the ~neefing at which it is to 9e finally
passed be suspended. Seconded by
Buol. Motion carried 7-0. Vdetberg
moved final considerafion and passage
of the Ordinance. Seconc!ed by Buo .
Motion carried 7-0.
RESOLUTION NO. 576-98
RESOLUTION DISPOSING OF CITY, -
INTEREST IN LOT 24A AND LOT 24B
OF MORGAN'S SUBDIVISION IN THE
CiTY OF DUBUQUE, IOWA
Whereas, Ronald R. White 'has
requested the vacating of a po~on of
Comell Street -and adjacent alley
between 16th and 17th Streets; and .
Whereas, Schneider Land Surveying
and Planning has prepared, and
submitted to the City Council a plat
showing the vacated portion of Cornell '
Street and adjacent alley between 16th
and 17th Streets and assigned lot
numbers thereto, which ~ereinafter
shall be known and described as L,ot
24A and Lot 24B of Morgans
Subdvison in the City of Dubuque,
Iowa; and
Whereas. the City Council of the City
of Dubuque, iowa has determined that
this portion of Coroell Street and
adjacent alley between 16th and 17th
Streets is no longer required for public
use, and vacating and sale of said
portions of alleys and streets known as
Lot 24A and Lot 24B of Morgan's
Subdivision In the City of Dubuque,
Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE_ iOWA:
Section 1. Thatthe CityofDubuque
intends to diseose of its interest in Lot
24A and Lot 24B of Morgan's
Subdivision in the City of Dubuque,
iowa.
Section 2.'-That the conveyance of
Lot 24A of Morgan's Subdivision in the
City of Dubuque, Iowa to Ronald R.
White be contingent upon the payment
of $775.00, p~us platting, publication
and filing fees, and the conveyance of
Lot 24B of Morgan's Subdivision in the
City of Dubuque, Iowa' te Mark
Klinkhammer be contingent upon the
payment of $125.00, plus the cost of
platling.
Section 3. That the City Clerk be
and is hereby authorized and directed
to cause a nofice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed, aooroved and adopted this
7th day of December, 1998. . -
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk -
Voetberg moved adoption of the
Resolution and further sat this matter
for Public Hearing on 12-21-98 at 7:00
p.m. in the Public Library Auditorium'.
and direct the City Clerk to publish
notice in the manner prescribed by law. C-
Seconded by Buol. Motion carriedT-0.
City Manager recommending public
hearing be set for December 21 1998
to vacate of po~on of 28th St_ and
Brunswick St,, presented and read.
Voetberg moved that the
communication be received and tiled.
Seconded by Robbins. Motion carried
RESOLUTION NO. 577-98 ' ~ "~
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED PORTIONS
OF 28TH STREET AND BRUNSWICK
Reqular Session, D~c~b~r 7+ 1998
463
STREET
Whereas, there has been presented
to the Cb Council of the City of
Dubuque, Iowa, a plat dated November
6, 1998, prepared by Buesing and
Associates, dsscfibing the proposed
vacated pertons of 28th Street and
Brunswick Street; and
Whereas, said plat conforms to the
laws and statutes pertaining thereto,
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOW~
Section 1. That the plat dated
November 6, 1998, prepared by
Buesing and Associates, reia'dve to the
real estate hereinabove described by
and the same is hereby approved, and
the Mayor and City Clerk be and they
are hereby authorized and directed to
execute said plat for and on behalf of
the City of Dubuque, Iowa.
Section 2. A perpetual easement.
including the right of ingress and
egress thereto, for the purpose of
erecting, installing, construing,
reconstructing, repairing, owning,
operating, and maintaining water and
sewer service lines to serve the N1]2 of
Lot 63 and Lot 64 of Belmont Addition
shall be established as shown on said
plat
Section 3. That the City Clerk be
and is hereby authored and directed
to file said plat and ced~ed copy of this
resdiution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO; 79-98
ORDINANCE VACATING PORTIONS
OF 28TH STREET AND BRUNSWICK
STREET
Whereas, John R. and Margaret B.
Hem have requested vacating portons
of 28th Street and Brunswick Street;
and
Whereas; Buesing and Associates
has prepared and submitted to the City
Council a plat showing the vacated
portions of 28th Street and Brunswick
Street and assigned let numbem
thereto, which hereinafter shall be
known and described as Lot 72A cf
Westview Subdivision, in the City of
Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City
cf Dubuque, Iowa has determined that
these pertons of 28th Street and
-Brunswick Street are no longer
required for public use, except for utility
easements as noted, and vacating of
said portions of-28th Street and
Brunswick Street known as Lot 7ZA of
Westview Subd'Msion in the City of
Dubuque, Dubuque County, iowa
should be approved.
NOW THEREFORE, BE
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate
described as Lot 72A of Westview
Subdivision in the City of Dubuque,
Iowa; be and the same is hereby
vacated.
Section 2. A perpetual easement,
including the right of ingress and
egress thereto, for the purpose of
erecting, installing, construc~ng,
reconstructing, repairing, owning,
operating, and maintaining water and
sewer se~ce lines to serve the Nlf2 of
Let 63 and Lot 64 of Belmont Add,on
shall be established as shown on said
plat
Passed, approved and adopted this
7th day of December, 1998.
' Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
December, 1998.
Mary A. Davis CMC, City Clerk
It 12/11
Voetberg moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
to the meeting at which it is to be finally
)aesed be suspended. Seconded by
Robbins. Motion carried T-0. Voatberg
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carried 7-0. .
RESOLUTION NO. 578-98
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 72A OF
WESTVIEW SUBDIVISION IN THE
DUBUQUE, IOWA
Whereas, the John R. and Margaret
B. Horn have requested the vacating of
3ortions of 28th Street and Brunswick
Street; and
Whereas, Buesing and Associates
have prepared and submitted to the
City Cquncil a plat showing the vacated
)ortions of 28th Street and Brunswick
Street and assigned lot numbers
thereto, which hereinafter shall be
known and described as Lot 72A of
Westview Subdivision in the City of
Dubuque, Iow'a; and
464 Regular Session, December 7, 1998
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
these pordons of 28th Street and
Brunswick Street are no longer
required for public use, except for u'dlity
easements as noted, and vacating and
sale of said portions of alleys and
streets known as Lot 72A of Weet~iew
SubdMsion 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. OWA:
Section 1. Thatthe CityofDubuque
intends to dispose of its interest in Lot
72A of Westview Subdivision In the
City of Dubuque, Iowa.
Section 2. That the conveyance of
Lot 72A of Westview Subdivision in the
Cit~ of Dubuque, Iowa to John R. and
Margaret B. Horn be contingent upon
the payment of $475.00, plus platling,
publication and filing fees.
Section 3. A perpetual easement
including the right of ingress and
egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, ant maintaining water and
sewer service lines [o serve the N1/2
Lot 63 and Lot 64 of Belmont Addition
shall be established as shown on said
plat.
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
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution and further set this for
Public Hearing on 12-21-98 at 7:00
p.m. in the Public Library Auditofiurr
and direct the City Clerk to-publish
notice in the manner prescribed by law.
Seconded by Robbins. Motion carded
7-0. "
City Manager submitting documents
providing for bidding process for
Construction of A~a Place Storm Sewer
Extension, presented and 'read.
Michalski moved that the
communication 9e redeived and filed.
Seconded by Robbins. Motion ~arded
7-0.
RESOLUTION NO. 581-98
PREUMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE
IT
RESOLVED BY THE CiTY COUNCIL
OF THE Cl~Y OF DUBUQUE, IOWA:
That the proposed plans.
specifications, form of contract and
estimated cost for the Alta Place Storm
Sewer Extension, in ~e estimated
amount of $71,218.22, are hereby
approved and ordered tiled in the office
of the C~ Clerk for public inspection.
Passed, adopted and approved this
7th day of December, 1998.
Terranca M. Duggan, Mayor
Attest Mary A. Davis. City Cterk
Michalski moved adoption of the
Resolufion. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 582-98
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 AJta Place Storm
Sewer Extension.
NOW THEREFORE,_ BE-- IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 18th day of January,
1999. a public hearing witl 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 City
Clerk be and is hereby directed to
cause a notice of time and place of
sucr heating to be published in a
newspaper .having general circulation
in the City of Dubuque,¢lowa, which
notice shall be not tees than four days
nor more than twenty days prior to the
day fixed for its constderefion. -.At the
hearing, any interested person-may
appear and file objections to the
proposed plans,'. ~ specifications,
contract, or estimated cost of the
improvement. ' ~'~- ' ' ~ -
- Passed, adopted and approved this
7th day of Decamber 1998.
: Terrance M. Duggan, M~yor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolufion. Seconded by'R~bbins.
Motion carried 7-0. ..-~ . _
RESOLUTION NO. 583-98
Reqular Session, December 7i 1998
465
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Alta Place Storm Sewer
Extension is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provtsions of the notice to bidders
hereby approved as a par[ of the plans
and specificetJons heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
construction of the improvements
herein provide~, to be published in a
newspaper having general ciroulation
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 et 2:00 p.m. on
the 7th day of January, 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 18th day of January, 1999.
Passed, adopted and approved this
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michaiski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
C~ Manager submitting documents
providing for constru~on of Chestnut &
Dell Storm Sewer Project, presented
and read. Voetberg moved that the
communication be received and filed.
Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 584-98
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY ~-HE CITY COUNCIL
OF THE CITY OF DUBUQUE,
That the proposed plans,
specifications, form of contract and
estimated cost for the Chestnut and
Deli Street Storm Sewer Extension, in
the estimated amount of $42;015.40,
are hereby approved and ordered filed
in the office of the City Clerk for public
inspection.
Passed, adopted and approved this
7th day of December, 1998.
Terranca M. Duggan, Mayor
Attest: Mary A~ Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO, 585-98
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 ir the
office of the City Clerk for public
inspection of the Chsstnu[ and Dell
Street Storm Sewer Extension.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 18th day of January,
1999, a public heedng wlil be held at
7:00 p.m. in the Public Library
Aud'riorium at which lime interested
)ersons may appear and be heard for
or against the proposed plans and
specifications, form of contract and
cost of said improve~nent, and the City
Clerk be and is hereby directed to
cause a notice of time and place of
such headng to be publishe~ in a
newspaper having general ciroulation
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 file objections to the
proposed plans, specifications,
contract, or estimated cost of the
~mprovement
Passed, adopted and approved this
7th day.of December, 1998.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg 'moved edootion of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 586-98
ORDERING BIDS
NOW THEREFORE, 9E IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOW~
That the Chestnut and Dell Street
Storm Sewer Extension is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
)rov'mions of the notice to bidders
Regular Session, December 7, 1998
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to adverse for bids for the
construction of the improvements
herein provided, to be published in a
newspaper having genera[ circulation
[n the City of Dubuque, iowa, wbich
not,ce shall not be less than faur days
nor more than forty-tive days prior to
the receipt of said bids at 2:00 p.m. on
the 7th day of January, 1999 Bids
shall be opened and read Dy the City
Clerk at said time and will be submitted
to the Council for final action at 7:00
p.m. on the 18th day of January, lggg.
Passed, adopted and approved this
7th day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moveo adoption of the
Resolution. Seconded b~, Robbins
Motion carried
At 1 li56 p.m. Buol moved that it be
resolved m go into Closed Session ~j)
To discuss the purchase of padJcular
real estate where premature disclosure
could be reasonably expected to
increase the price the governmental
body would have to pay for that
property. Seconded by Robbins. CouncilMembers.
Couno reoonvened R.gu ar
Session at 12:14 a.m. with ststement City Clerk /~
that staff had been given direction.
There being no further business,-
Vostberg moved that the meeting
adjourn. Seconded by ~4ichalski.
Motion carried 7-0. The meeting '
adjourned at 12:15 a.m. Dec_ 8. 1998
Is~ Mary A Davis CMC _:
City Clerk
Special Session, D~be~be~ 15, i998 467
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
December 15, 1998
Council Met at 5:09 P.M. Public
Library Auditorium.
Present Mayor Duggan, Council
Members Buol, Michalski, Nicholson,
Robbins, Veatberg, City Manager
Michael Van Mililgen; Corporation
Counsel, Barry A. Lindahl.
Absent Council Member Markham
at Roll Call. Markham entered the
Closed Session at 5:24 p.m.
Mayor Duggan read the call and
stated this is a Special Session of the
City Council called for the purpose to
set a Public Hearing to consider
disposing of property in Dubuque
Technology Park.
City Manager requesting public
heating be set for 1-18-99 to consider
disposing of property in Dubuque
Technology Park, presented and read.
Voetberg moved that the
communication be received and flied.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 587-98
RESOLUTION (1) APPROVING THE
MINIMUM REQUIREMENTS~
COMP~ II~ iV'E CPJTERIA, OFFERING
PROCEDURES FOR DISPOSITION
OF CERTAIN URBAN RENEWAL
PROPERTY; (2) DETERMINING THAT
THE PROPOSAL SUBMITTED BY
HORIZON DEVELOPMENT GROUP,
LLC SATISFIES THE OFFERING
REQUIREMENTS AND DECLARING
THE INTENT OF THE CITY TO
ENTER INTO THE DEVELOPMENT
AGREEMENT WITH HORIZON
DEVELOPMENT GROUP, LLC AND
CARTEGRAPH SYSTEMS, INC. IN
THE EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; AND
(3) SOLICITING COMPETING
PROPOSALS.
Whereas, the City of Dubuque, iowa,
did on April 7, 1997, adopt an Urban
Renewal Project known as the
Dubuque Industrial Center South
Economic Development District (the
;"Plan") for the urban renewal area
described therein; and
Whereas, such Plan providss for,
among other things, the disposition of
propedies for pdvate development
purposes as a proposed renewal
action; and
Whereas, Horizon Development
Group, LLC ("Develo,p, er') and
Cad:eGreph Systems, Inc. (Employer'')
have submitted to the City a specific
proposal for the acquisition of cer[ain
property hereinafter described for the
development of a corporate office,
together with the request that this
property be made available for
dispes~on as rapidly as possible; and
Whereas, in order to establish
reasonably competitive bidding
for disposition of the
property in accordance with the
statutory requirements of Chapter 403,
Code of Iowa, 1997, par'dculariy
Section 403.8, and to assure that the
City extends a full and fair opportunity
to all developers interested in
submitting a proposal, a summary of
Submission requirements and minimum
requirements and competitive criteria
for the property offering has been
prepared and is attached hereto as
Exhibit "A' and by this reference is
m.ad.e a par[ hereof, which sets out the
m~mmum requirements each proposal
must satisfy in order to qualify for
consideration wffh respect to the
compet~ve criteria, the information and -
documents which must be submitted,
and the schedule for submission and
compefitive bid-off procedures; and
Whereas, said Developer and
Employer . have tendered a
Development Agreement wffdl the City,
attached hereto as Exhibit "B', which
proposes the development of a
corporate Office on this property;, and -
Whereas, to both recognize the firm
proposal for disposition of the property
already received by the City;. as
described above, and to give full and
fair opper[un~ to other devalopere
interested in submitting a proposal for
development of the property, this
Council should by this Resolution:
1) Set the Fair Market Veiea of the
as determined by an
independent appraser for uses in
accordance with the Urban Renewal
Plan;
2) Approve the Guidelines for
Developers for the Ddbuque ndusthal
Center South Economic Dave opment
Dstrict Urban Renewal Plan Area for'
468 Special Session, December 15, 1998
subm~esion of proposals for the
purchase and development of the
property and the minimum
requirements and competitive cdtada
attached hereto as Exhibit
3) Approve as to form the Developer's
and Employer's proposed Development
Agreemen[ attached hereto as Exhibit
4) Set a date for receipt of competing
procosais aha the opening thereof;
establish a procedure for each
proponent to better its proposal and set
a cutofftime for such modification; and
provide for review of such proposals
with recommendations to this Council
in accordance with established
Dracedures;
5} Declare that the proposal submitted
by Developer and Employer satisfies
the requirements of the offenng anc
that in the event ho other qualified
proposal is timely subm~ed that the
City intends to accept such proposal
and enter into the Development
Agreement and direct publication of'
notice of said intent; -
6) Approve and direct publication-of
notice to advise ~ny would be
competitom of- the opportunity to
compete for purchase of the property
for development on the terms and
condffions set out above;
7) Dectare that in the event anothe~
quaked proposal is timely submitted
and accepted, another and future
notice ,MIl be published on the intent of
me City to enter into the resuEing
contract, as required bylaw; and
Whereas· this Council believes it is
in the best interest of the C~Y and the
Plan to act as expeditiously as pessibta
to offer this proper~y for deveispment
as set forth herein· ' '
NOW, THEREFORE, BE ~ IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA;
Section 1. That the fbllowing
described praperzy'shall be offered for
development in accordance with the
[arms and conditions contained in this
Resolution, to wit: ' - ......
Lots 10 and 11 of Block 2 of Dubuque
Technology Park, in the City of
Dubuque, Dubuque County, iowa. :- '
Section '2. That the current Fair
Market Value of Lot' 11 Block 2 of~'
Dubuque Technology Park shall, be
$76.230 per buildable ~cre. The Fair
Market Value of Lol 10, Block 2 of
Dubuque Technology Park, the option
~)arce, sba be determined by ::
appraisal at or about the time of closing
Section 3. That it is aereby
determined that in order to qualify for
consideration for selection each
Developer mus[ submit a proposal
which meets these minimum
requirements:
a) Contains an agreement to acquire
Lot 11. Block 2 at not less than the Fair
Market Value and an option on Lot 10.
Block 2 both for use in accordance with
the Plan;
b) Is for the deveiopmem of the
property for use by an actual expanding
or new business in conformance with
the Plan and is not for speculative
development;
cl Includes a construction schedule in
which the construction of approximately
30,000 square feet of building space on
Lot 11, Block 2 is substantially
complete on or before thirteen months
from a eiosing date;
d] Sets out or provides through other
means acceptable [o the C~ ~the
proposed developer's expenence m
woddng with other . development
projects and with construction; ~nd
e) Sets out or provides through other
means acceptable to the. City .the;
experience of the principals and key
staff who are directly .engaged in
performance of contract obliga~ons in
carrying out projects of similar scale
and character.
Section · 4. Thai ii is hereby
determined that each proposal which
satisfies the minimum requirements as
determined by the City, shall be
reviewed on the basis of the strength of
such proposal as judged by the
following competitive criteria:
a} Quality of the proposal . '
1] The overall cost of the project; and"-:
2) The types of materials shown for~
construction of the structure.
b) Architectural design of the proposed
1} - ComPatibiltiy~ of the design with
surrounding ' structures vistas
veh cu ar' - :activities ~ and ' -future .'
development of adjacent property;
2} The functional design of the site,
structure and all public spaces; and '..: ¢ ::
3) :The aesthetic, quality of .~ the
c) Economic feasibility of the proposed
1) The econbmic.,return
community provided by the'~roposed
development in'cluding, but not limited
to, the properly anc sales tax
geq~rated, the number of jobs provided.
and the encouragement of s mi~ar and · .;
Special Session, December ~ 5, 1998
469
related development in the urban
renewal disttict; and
2) The ability of the prospective
developer to finance and complete the
project as proposed.
Secton 5. That the proposed
Devekipment Agreement by and
among the City, Developer and
Employer, be and is hereby approved
as to form for the purposes hereinafter
stated.
Secton 6. That for the purpose of
defining the offering of the property for
development, said Development
Agreement shall be deemed to be
illus~afive of the terms acceptable to
the City with respect to:
a) Purchase price;
b) Conveyance of properly and option;
c) Required minimum improvements;
d) Timing of improvements;
e) City padJcipation;
f) Covenants;
g) Events of Default and Remedies;
and
h} General terms and previsions;
provided, however, that each
competing proposal and contract shall
be permitted to:
a~ Devise and report its own design for
development so long as the m~nimurr
requirements set out in Exhibit "A" are
me[;
b) Devise and repor~ its own method
and sources of financing, so long as
such proposal is sufficient to assure
financing of the project in a timely
manner; and
c) Allow taking pcesess~n of the
property to be delayed for up to six
months after the execu~on of the
contract.
_ No other substantive deviations will be
perm~ed.
Secton 7. That the proposed
Development Agreement submitted by
the Developer and Employer satisfies
the requirements of the offering and, ih
the event tha~ no other qualified
proposals are timely submitted, that the
City 'enter into said Agreement is
hereby accepted and approved.
Section 8. That it is' hereby
determinec that the Developer
possesses the qualifications, financial
resources and legal abll'r~y necessary to
acquire and develop the property in the
manner proposed by this offering in
accordance with the Plan.
Section 9. That it is hereby
datermined that the disposition price for
the properly offered to the Developer
shall be in the amount at the Fair
Market Value as established by this
Council for uses in accordance with the
Plan.
S?ction 10. That the CH Clerk shall
receive and retain for public
examination the attached Development
Agreement submitted by the Developer
and Employer and, in the event no
other qualified propossls are timely
submitted, shall resubmit the same to
this Council for final approval and
execution upon expiration of the notice
hereinafter prescribed.
Section 11. That the action of this
Council be considered to be and does
hereby constitute notice to all
concerned of the intention of this
Council, in the event that no other
qualified proposals are fimeiy
submitted, to accept the proposal of the
Developer and Employer to acquire
and develop the prope~ and to enter
into the Development Agreement by
and among the City, Developer and
Employer.
Section 12. That the official notice of
this offering and of the intent ef the
City, in the event no other qualified
proposals are timely submitted, to enter,
into said Development Agreement,
shall be a mJe copy of this Resolution,
but without the attachments referred to
herein.
Section 13. That the City Clerk is
authorized and directed [o secure
immediate publication of said official
notice in the Tele~raoh Her~lr~ a
newspaper having a general c rculafio~
in the community, by public.ion of the
text of this Resciutio~ without
attachments on or before the 18th day
of December, 1998.
Section 14. That written proposals
for the seie and development of the
property will be received by the City
Clerk at or before 10:00 a.m., January
18, 1999, in the Office of the City Clerk,.-
located on the first floor at City Hall,
Dubuque iowa 52001. Each proposal
will be opened at the hour of 10:00
a.m. in City Hall, Dubuque, Iowa on
January 18, 1999. Said proposals will
then be presented to the City Council
at 7:00 p.m., January 18, 1999, at a
meeting to be held in the Auditorium of
the Carnegie Stout Public Library,
Dubuque, Iowa.
Section 15. That such offering shall
be in substantial conformance with the
provisions of Section 403.8, ~ode of
towa requiring 'reasonable competitive
bidding procedures" as are hereby
prescribed which method is hereby
determined m be the appropriate
method for making the Property
available for development.
470 Special Session, December 15, 1998
Section 16. That the required
documents for the submission of a
proposal shall be in substantial
conformity with the provisions of this
Resolution.
Section t7. That the City Clerk is
hereby nominated and appointed as
the agent of the CH of Dubuque, Iowa
to receive proposals for the sale of the
proper~ at the date and according to
the procedure hereinabove specified
for receipt of such proposals and to
proceed at such time to formally
acknowledge receipt of each of such
proposals by noting the receipt of same
in the Minutes of the Council; that the
Cfty Manager is hereby authorized and
directed to make preliminary analysis
of each such proposal for compliance
with the mimmum requJremeats
established by this CounciJ
hereinabove. For each proposal which
satisfies these requirements, the
Council shall judge the strength of the
proposal by the compe~ve c~eria
established hereinabove. The Council
shall then make the final evaluation
and seJectien of the proposals.
Section 18. That fdilowing receipt of
competing proposals, the Developer
shall have until 10:00 a.m. on January
25, 1999, to amend its proposal in
response and to deliver same to the
City Clerk. -
Section 19. That if, and only if,
competing proposals are received and
determined by the Council to meet the
minimum requirements of this
Resolution, and the Developer amends
ifs proposal in response thereto, such
Counci' shall forthwith schedule ~
meeting within seven (7) days atter
January 25, 1999, at which meeting
there shall be a bid-off, each proposal
against the other, sedatim sta~ng with
the second 9reposal~received until
such time as each proponent for the' -
sale of the properb' shall decline 'to
~mprove its bid in response to the lasz
bid ofthe ather bidder or bidders. The
pedod of time to be allowed for such
did-off shall not be in excess of three
consecutive hours on said date. The
rules of such bid-off shall be as
informally determined by the Council at
or before such bid-off period and shall
be absdiut~.
Section 20. That in th~ event another
qualified proposal is timely submitted
and accepted by the City, another and
further notice shall be published of the
intent of the City of Dubuque, Iowa, to
enter into the rssu~ng contract, as
required by law.
Passed, approved and adopted this
15th day of December, 1998.
Torrance M Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voatberg "noved adoption of the
Resolution and further set it for Public
Headng on 1-18-99 at 7:00 p.m. in the
Public Library Auditadum and directed
the CH Clerk to 9ublish notice in the
manner prescribed by law. Seconded
by Nichoison. Motion carried 6-0.
At 5:15 p.m. Michalski moved to go
into Closed Session In accordance with
Chapter 21.5 l(j) To discuss the
purchase of particular real es~a~e
where premature disclosure could be
reasonably expected to increase the
price the governmental body would
have m pay for that proper~y.
Seconded by Nicholson. Motion
carded 6-0.
Council Reconvenec in Regular
Session au 5:4I p.m. stating that the
City Manager had been given proper
direction
There being
Voetberg moved to adjourn the
meeting. Seconded by Budi. Motion
carried 7-0.
A. Davis CMC - '
1999
Council Members
Attest:.~ ,,/3
City Clerk//
Re.qular Session, December 21; 1998
471
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
December 21, 1998
Council Met at 7:00 p.m., Public
Library Auditorium
Present: Mayor Duggan, Council
Membem Buol, Markham, Michais~,
Nichoison, Robbins, Voetberg, City
Manager Michael Van Milligen,
Coreoration Counsel Barry A. Lindahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
propedy come before the Council.
Invocation was given by Rev.
Kenneth Bickei, Pastor of First
Congregational United Church of
Chr~t
PROCLAMATIONS- Jan. 17, 1999
as 'Ma~n Luther King, Jr. Day'
received by Ruby Sutton.
Cindy Kohlmann, on behalf of Local
Authors, made a presentation to the
City for Public Library use.
MINUTES SUBMITTED: Cabie TV
Regulatory of 12-9; Environmental
Stewardship Advisory Commission of
12-1; Housing Commission of 12-8;
Park & Rec. of 12-8; Zoning Advisory
Commission of 12-2; Zoning Board of
Adjustment of 11-19, presented and,
read. Voetberg moved that the minutes
be received and filed_ Seconded by
Buci. Motion osrred 7-0.
Human Rights Commission
submitting their Annual Report for
FY'98, presented and read. Voetberg'
moved that the report be received and
filed. Seconded by Michalski. Motion
carried 7-0.
Thom Determan, Chair of the Human
Rights Commission, spoke outlining the
reporL
Printed Council Proceedings for
month of October, 1995, presented for
approval. Voetberg moved that the
proceedings be approved as pfintad.
Seconded by Buol. Motion carried 7-0.
Proofs of Publication on Notice of
publishing Counc] meefings for 11-16
& 11-24, presented and read.
Voetherg moved that the preots be
received and filed. Seconded by Buci.
Motion carded 7-0.
Finance Director submitting
Financial Reports for month ending
November 30, 1998, presented and
read. Voetherg moved that the
communication be received and filed.
Seconded by Buci. Motion carded 7-0.
Pmef of Publication on publishing
List of Claims & Summar~ of Revenues
for month ending October, 1998,
presented and raao. Voetberg moved
thet the proof be received and filed.
Seconded by BuoL Motion carded 7-0.
Proofs of Publication on publishing
Notice of filing final assessments for
1997 Asphalt Paving Project; Kelly
Lane/Pego Court Sanitary Sewer
Extension; Louise & Louella Lane
Sanitary Sewer and Wetermain
Extension, prssente¢ and read.
Voetberg moved that the proofs be
received andtiJed. Seconded by Buol.
Motion carried 7-0.
NOTICES OF CLAIMS/SUITS:
Daniel Starkey in unknown amount for
vehicle damages; Medical Associates
HeaffJ~ Plan submitting subroga~on
claim on behalf of their insured, Sarah
A. Hickey, for personal injuries~
presented and read. Voetberg moved
that the claims and suits be referred td
the Legal Staff for investigation and
report. Seconded 5y BuoL Mofion
carried 7-0. - -.- ;~- =.
Corporation Counsel advising
following claims have been referred ro
Public Entity Risk Services of Iowa, the
agent for the iowa Communities
Assurance Pool: Personal injury of
Elizabeth M. Evarts; Vehisle damage of
Lois Leytem, presented and. read.
Voetberg moved that . the
communicatio~ be received and tiled.
Seconded by Buol. Motion carded 7-0.
Corporation Counsel recommending
472 Regular Sess on, December 21, 1998
settlemem of following claims and
authorizing Finance Director ro issue
checks and submit m ICAP for
reimbursement: Vehicle damage of
Jason E. Grawe in amount of $652.64;
Property damage of Harold E. Miller in
amount of $57.07, presented and read.
Voetberg moved that the
communication be received and filed
and recommendation approved.
Seconded by Buol. Motion cartied 7-0.
REFUNDS REQUESTED-- Holiday
Oil Distribution, Inc. (1685 J.F.K. Rd.)
and Holiday Oil Distribution, inc. [1401
Central Ave.} .$50.00 each for
unexeired Cigarette Licenses,
presented and read. Voetherg moved
that the refunds ee approved and
Finance Director to issue proper check.
Seconded by Buol. Motion carried 7-0.
City Manager recommending
acceptance of Operations
Maintenance Dept. Building
Improvement Project - Annex Building
Rehabilitation Project, presented and
reea. Veetberg moved that the
communication be received and tiled.-
Seconded by Buol. Motion carded 7-0.
RESOLUTION NO, 588-98
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Operations and Maintenance
Department Annex Building
~:ehabilitation Project has been
completed and the City Manager has
examined the work and filed hie
certificate stating that the same has
been comeleted according to the terms
of the contract, olans and
specifications and recommends it
NOW THEREFORE,' BE' IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the General Fund equal to the amount
of this contract, less-any retained
percanmge provided for thereto.
Paesee, approved and adoeted this
21st day of December 1998.
Torrance M. Duggan, Mayor
Attest. Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
RESOLUTION NO. 589-98
FINAL ESTIMATE
Whereas, the contract for the
Operations ' and Maintenance
Departmest Annex Building
Rehabilitation Project has been
completed and the Operations and
Maintenance Department Manager has
subm~ed his final estimate showing
the cast thereof including the cost of
estimates, notices and inspection and
atJ 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
be $20,182.70 and the said amount
shall be paid from the General Fund of
the City of Dubuque, Iowa
Passed, approved and adopted this
21st day of December, 1998.
Terranca M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Voatberg moved adoption of the
Resolution. SesondedbyBuol. Motion
carded 7-0
City Manager recommending
acceptance of Operations &
Maintenance Dept. Building
Improvement Project Relighting
System, presented and read. Voetberg
moved that the communication be
received and flied. Seconded by Buol.
Motion carded 7-0.
RESOLUTION NO. 590-98 .....
ACCEPTING IMPROVEMENT :
Whereas, - the contract for; the --"
Operations and Maintenance_
Department Raiighting Project has'
been completed and the City Manager~:'
has examined the work and tiled his
ced~ficate stating [hat..the same has
been completed according to the terms
of the con~racr' plans and
specifications and recommends - it
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 acee~ed
BE iT FURTHER RESOLVED that
Reqular Session,
the City Treasurer be and he is hereby
directed to pay to the contractor from
the General Fund equal to the amount
of this contract, less any retained
pementage provided for therein.
Passed, approved and adopted this
21st day of December, 1998.
Terrence M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adopfion of the
Rssolution. Seconded by BuoL Motion
carried 7-0.
RESOLUTION NO. 591-98
FINAL ESTIMATE
Whereas, the con~'act for the
OperaCdons and Maintenance
Department Raiighting Project has
been completed and the Operations
and Maintenance Department Manager
has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices and
inspection and all miscellaneous costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $17,§00.00 and the said amount
shall be paid from the General Fund of
the Cb of Dubuque, Iowa.
Passed, approved and adopted this
21st day of December, 1998.
Terrence M. Duggeo, Mayor
Attest: MaryA: Davis, City CJerk
Voetberg moved adoption of the
Ressiufion Seconded byBuai. Mofion
carried 7-0.
City Manager recommending
acceptance of 1998 ADA Curb Ramp
Project, eresented and read. Voatberg
moved that the communication be
received and fiisd. Seconded by Buol.
Motion carried 7-0. -
RESOLUTION NO. 592:-98 ~
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1998
ADA Curb Ramp Project has been
completed and the City Manager has
examined the work and filed his
ced~cate 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:
Decembei- 21, 1998
473
Section 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED tha[
the City Treasurer be and he is hereby
directed to pay to the con,rector from
the Community Development Block
Grant Fund in amount equal to the
amount of his contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
2tst day of December, 1998.
Terrance M. Duggan, Mayor
Attest: Mary A: Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Bucl. Mo~on
carried 7-0.
RESOLUTION NO. 593-98
FINAL ESTIMATE
Whereas, the contract for the 1998
ADA Curb Ramp Project has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and inspection and
ail 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 $61,432.36 and the said amount
shall be paid from the Commun~
Development Block Grant Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this
21st day of December~ 1998.
Terrance M. Duggan. Mayor
Attest:. Mary A. Davis, City Clerk
Voetberg moved adoption of the
Rssolution. Seconded by Buol. Motion
carried 7-0_ - -' . . --.:_
City Manager recommending
approvat to submit a grant appiica~en
for Granger Creek Recreational Trail,
presented and read. ~ Voetherg moved -'
that the communicatien be received
and filed. Seconded by BuoL Motion
carded 7-0. '" ' ~ ·
RESOLUTION NO. 59-4-98
RESOLUTION TO SUBMIT A GRANT
APPLICATION TO THE IOWA
DEPARTMENT OF TRANS-
PORTATION FOR RECREATIONAL
TRAIL FUNDS FOR THE GRANGER
CREEK RECREATIONAL TRAIL
474 Regular Session, December 21, 1998
Whereas, the Iowa Department of
Transportation qas allocated
Recreational Trail grant funds for the
development of recreational trails and
facilities for pedestrians and bicycles;
and
Whereas, the City has an adopted
Comprehensive Plan which includes
goals and 'objectives for hike/bike trail
development in the community.
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 submit the grant
application to the Iowa Department of
Transportation for Recreational Trail
funds for the Granger Creek
Recreational Trail.
Section 2. That the City Council
hereby provides its written assurance
that the completed project will
maintained adequately for its intended
use for a minimum of twenty (20) years
following project completion.
Section 3. Thatthe City of Dubuque
hereby agrees to abide by all local,
state and federal requirements
applicable to the proposed project.'
Passed. approved and adopted this
21st day of December, 1998_
Terrance M. Duggan, Mayor
Attest Mary A. Davis, Cit~ Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7~0.
City Manager recommending
submission of Delinquent Sewer,
Garbage and Refuse Collection
Accounts [o the Dubuque County
Treasurer, presented and read.
Voatberg moved that the
communication be received and t~led.
Seconded by Buol. ~.4otion cardedT-0.
RESOLUTION NO. 595-98
RESOLUTION AUTHORIZING THE
CITY TO COLLECT DELINQUENT"-
GARBAGE - AND REFUSE -
COLLECTION ACCOUNTS
ACCORDANCE WTJ'H SECTION 40-37
AND 40-38(d) OF THE CODE OF
ORDINANCES OF THE CiTY OF
DUBUQUE, IOWA
Whereas. City garbage and refuse
collection from residential premises, as
defined in the Code of Ordinances of
the City of Dubuque, iowa, is
mandatory; and -_ ,-
Whereas, as of December 31st of
each year, delinquent garbage and
refuse collection charges shall be
cedftied by the City Clerk to the
Dubuque County Treasurer for
collection with and in the same
manner as general properly taxes.
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe persons named
hereinunder, owning the property
thereby se[ forth, are delinquent in the
payment of refuse collection
NAME AND ADDRESS
AMOUNT
Gary Bernhard 10-12-201-003
1110 RooseveltSt. [2nd) $115.83
Jeanie Frommelt 10-11-476-005
3974 Jackson St 96.38
MarkKrolich 10-12-356-004 107.10
743 Louise St.
Wm. Brown 10-24-390-001 74.41
950 Spruce St.
Dennis Rath 10-12-101-004 120.43
679 Kenneoy Ct.
J. Foht · 10-12-358-007 126.24
723 Peru Rd.
Ricky J. Hurst 10-12-177-005 126.24
3975 Inwood St
GaryBemhard 10-12-20%003 126.24
1110 Roosevelt St (2nd)
Vincant Ehdich 10-11-378-003 132.58
333 Olympic Heights
Section 2. That the City Clerk be
and is hereby ordered and directed to
certify to the Courr~ Treasurer of
Dubuque County, Iowa, that the
persons named hereinbefore are
delinquen[ in the payment of refuse
collectio, charges in the amount set
aside of the respective names, and that
said amounts shall be collected in the
same manner as generel property
taxes against the respective parcels of
properly set opposite the names of the
Passed, approved ~nd adopted this
21st day of Dec'er~b'er, 1998_
'-Terrance M. Duggan, Mayor ~
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by Buol. Motion -
carded 7-0. ~" '
RESOLUTION NO. 596-98-
RESOLUTION AUTHORIZING
COLLECTION OF DELINQUENT
SEWER ACCOUNTS IN
ACCORDANCE WITH SECTIONS 44-
83 AND 44-86 OF THE CODE OF
Regular Session, December 21 i 1998 475
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, Section 44-83 of the Code
of Ordinances authorizes the City to
levy and collect just and equitable
charges, rates or rentals upon all iota,
parcels or real estate and buildings that
are connested dkectly or indirectly with
the sanitary sewer system; and
Whereas, Section 44-86 of the Code
of Ordinances provides that the City
shall have a lien upon the real properb~
served by the sanitary sewer system
for all delinquent rates and charges;
and
Whereas, delinquent sewer charges
shall be codified as of December 31st
of each year by the City Clerk to the
Dubuque County Treasurer for
collection with, and in the same
manner as general property taxes.
NOW THEREFORE. BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That /~e persons
hereinafter named, owning the
following described property, have
unpaid sewer charges in the amount
set out and that said charges are
delinquent.
NAMF AND ADDRESR
PROPFR~ BESCRIPTION
AMOUNT
Dennis Rath 10-12-101-004 $251.40
679 Kennedy Ct.
J. Foh~ 10.12-358-007 260.05
723 Peru Rd
Ricky J. Hurst 10-12-177-005 260.05
3975 lnwead St.
Gary Bernhard 10-12-201-003 261.05
1110 Rooseveit St.
Vincent Ehdich 10-11-378-003 349.20
333 OiYmpic Heights
Section 2. That the City Cterk be
and is hereby ordered and directed to
certify to the County Treasurer of
Dubuque County, Iowa, that the
persons named herein are delinquent
in the payment of sewer charges in the
amounts set forth above and that said
delinquent sewer charges shal~ be
collected in the same manner ss
general properly taxes against the
respective parcels of properly set
opposite the name of the proper~
ownsr.
Se~on 3. That the delinquent
sewer charges shall be collected with,
and in the same manner as general
property taxes as provided by law.
Passee, approved and adopted this
21st day of December, 1998.
Terrence M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Voetberg moved ado~on of the
Resolution Seconded by Budi. Motion
carried 7-0.
City Manager recommending
pe~Jon from reeldents along North
Burden Street for total reconstrucfion of
their street be included in t'rve year
Street Paving Program, presented and
read. Voetberg moved that the
communication be received and filed
and recommendation approved.
Seconded by Buol. Motion carried 7-0.
City Manager recommending
approval from Montgomery Watson to
install monitofing wells, presented and
read_ Vostberg moved that the
communication be received and filed.
Seconded by Buol. Mofion carded 7-0.
RESOLUTION NO. 597-98
RESOLUTION AUTHORIZING
LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND
MONTGOMERY WATSON
AMERICAS INC. TO INSTALL
MONITORING WELLS ON PUBLIC
RIGHT-OF-WAY AT 395 7TM STREET
Whereas, Montgomery Watson
Americas ~ Inc. on behalf_ of
Bridgestone/Firestone has requested
permission from the City of Dubuque to
install monitoring wells on City fight-of-
way at 395 7~ Street in Dubuque, Iowa
for the purpose of assessing current
groundwater condffioce a[ and
surrounding the proper[y; and
Whereas, the License Agreement
Right-of-Entry for Site Assessment has
been prepared outlining the
responsibilities of Montgomery Watson
Americas Inc. and He
Bridgestone/Firestane Company in the
installa~on of the monitoring wells on
public fight-of-way; and
Whereas, the performance of the
activities', of Montgome~ WataoF
Americas Inc.-will be at no cost or
expense to the C~, and all work will be
performed by the Licensee, or its
employees, agents or subcontractors;
and
Whereas, it is the desire of the City
Council to enter into said License
Agreement for the installation of
monitoring wells in the public right-of-
way as requested.
NOW, THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
476 Regular Session, December 21, 1998
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. The License Agreement
for Right-of-Entry for Site Assessment
be and the same is hereby approved.
Section 2. That the Mayor be andis
hereby authorized to execute said
_icense Agreement for and on behalf of
the City Council.
Passed, approved and adopted this
21st day of December, 1998.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, Cit7 Clerk
Voetberg moved adoption of the
Resolution. Seconded 9y Buol Motioc
carried 7-0.
City Manager requesting a
commitment [o retssue Loan
Comm~nent letter for Iowa Inn Project,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Buol. Motion
carried 7-0
RESOLUTION NO. 598-98
~ RESOLUTION AUTHORIZING
REISSUANCE OF A LETTER OF
COMMITMENT AND ADDITIONAL
ACTIONS CONCERNING
DOWNTOWN REHABILITATION.
LOAN TO STOUT PLACE
APARTMENTS, L.P.
Whereas, the City of Dubuque, t0wa,
has created a Downtown Rehabilitation
Loan Program [or the purpose of
stimulation reinvestment of' the
Downtown Dubuque Urban Renewal
District; and
Whereas. the City of Dubuque, Iowa
rs encouraging the use of this loan
program [o finance code compliance
activ'~es and to spur job creation and
upper smq~ housing unit development;
eno
Whereas, the loan application from
the Stout Place Apartments, LP. meets
the requirements of this program; and
Wheraas, a revised Commitment
Letter, hereto attached and'by this
reference made a part hereof, sets
forth the terms and conditions of Stout
Place Apartments, L.P.'s participation
in the Downtown Rehabilitation Loan
Program ....
NOW THEREFORE, BE IT
REsoLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the application of
Stout Place Apar~meots. LP. :,for
participation in the Downtown
Rehabilitatior Loan Program ~ hereby
accepted and approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the
City Council of the City of Dubuque.
iowa, the attached revised
Commitment Letter and to forward said
letter to Stout Place Apartments. L.P.
for review and approval.
SeciJon 3. Thatthe City Manager be
and he is hereby directed to prepare,
upon execution and receipt of the
attached Commitment Letter by the
applicant, the necessary loan
documents in accordance with the
terms and conditions set forth in said
Commitment Letter.
Section 4. That the City Manager is
hereby authorized to execute, on
behalf of the City Council of the City of
Dubuque, Iowa, all necessary loan
documents and is further authored to
disburse loan funds from the
Downtown Rehabilitation Loan
Program, in accordance with the terms
and conditions of the executed
agreement.
Passed, approved and adopted this
21et day of December, 1998.
Terrance M. Dbggen, Mayor
MaryA. Davis. City Clerk
Voetberg moved adoption of the
Resolution. Seconded b~ Buol. Motion
carried 7-0 .....
RESOLUTION NO. 599-98
NOW, THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the following having cemp[ied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City. ' '
.... NEW
L & M Wharf. Inc." ~' Michael's BarX
:~ -' * 2616 Windsor Ave
Passed, approved and adopted this
21et day of December, 1998. - -
: Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk '
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carried 7-0. ' ' -
RESOLUTION NO. 600-98
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved: and · -
Whereas. the premises to be
Regular Session, December 21, 1998
477
occupied by such applicants were
inspected and found to comply with the
Ordinances of this City and have fl~ed
proper bends.
NOW, THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit
CLASS "C' BEER PERMIT
Molo Oil Co. Big 10 Mart
+(Sunday Sale) 9th &Centrei Ave
Angel Inv. Co Casey's General Store
+(Sunday Sale) . 2699 Rockdeie Rd
Passed, approved and adopted this
21st day December, 1998.
Terrenca M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Voatberg moved adoption, of the
Resolution. Seconded byBuei. Motion
carried 7-0.
RESOLUTION NO. 601-98
Whereas, applications for Liquor
Licenses have been submitted to this
Council for approval and the same
have been examined and approved;
and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply with the
State Laws and eli City Ordinances
relevant thereto and they have tiled
proper bonds.
NOW, THEREFORE, BE 1T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be author[zed to
cause to be issued the following named
applicents a Liquor License.
CLASS "C" (COMMERCIAL)
LIQUOR LICENSE
L & M Wharf Michael's Bar × +
(Sunday Sale) 2616 Windsor Ave
Delores G. Weber Ten Pin Tap
+(Sunday Sole) 601 Rhomberg Ave
David Hoffman White House
450 W Locust St
Dubuque County His~oricel Soc.
Ryan House +(Sunday Sole)
1375 Locust St
Kinsath Hotel Corp Holiday Inn 5-
Flags+(Sunday/Outdoor) 450 Main St
WCB Hotels, Inc. Hoffman House/
3100 Club + (Sunday/Outdoor)
3100 Dodge St
Passed, approved and adopted this
21st day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Voetberg moved adoption of the
Resolution. Seconded by BuoL Motion
carded 7-0.
BOARDS AND COMMISSIONS:
IndMduals are invited to address the
Council to express their desire to serve
on vadous Boards/Commissions.
HUMAN RIGHTS COMMISSION:
Applicants - Kathy Blau, Rev. Kris
KJncaid, Thomas Determan, Katherine
Stevens, Ruby Sutton. Kathy Blau,
' Thom Daterman, Ruby Sutton all spoke
requesting consideration.
Robbins moved that the rulss be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by BuoL Motion carried 7-0.
Proof Of publication certified to by
the Publisher on Notice of Public
Heating to consider disposing of City's
interest in Lots 24A and 24B of
Morgan's Subdivision (Vacated portion
of Corneli Street and adjacent a~ley
between 16th & 17th Streets) and City
Manager recommending to proceed
with sale, presented and read. Buol
moved that the proof and
communication be received and tiled.
Seconded by Robbins. Motion carried
Run White spoke reque~ng
approval of sale.
RESOLUTION NO. 602-98
Whereas, pursuant to resolution and
published notice of time and place of
hearing, published in the Telegraph
Herald, a newspaper of general
circuiafion published in the City of'
Dubuque, Iowa on 11th day of
December, 1998, the City Council of
the City of Dubuque, iowa met on the
21st day of December, 1998, at 7:00
p.m. in the Public Library Auditorium,
11th and Locust, Dubuque, Dubuque;
County, Iowa to consider the proposal
for the sale of reel estate described as:
Lot 24A and Lot 24B of Morgan!s
SubdMeion in the City of Dubuque,
iowa
Whereas, the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written to the
proposal to sell such reel estate,
except for easement as noted.
NOW THEREFORE, BE IT
478 Regular Session, December 21, 1998
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the sa~e of City of
Dubuque real property described as
Lot 24A of Morgan's Subdivision in the
City of Dubuque, Iowa m Ronald R.
White be aha the same is hereby
approved for the sum of $775.00 plus
cost of publication, platting and filing
fees and that the sale of City of
Dubuque real property described as
Lot 24B of Morgan's Subdivision in the
City of Dubuque, Iowa to Mark
Klinkhammer be and the same is
hereby approved for the sum of
$125.00 plus cost of platting.
Conveyance shall be by Quit Claim
Deed.
Section 2. That the Mayor be
authored and directed to execute Quit
Claim Deeds and the City Clerk be
and is hereby authorized and directed
m deliver said deeds of conveyance To
Ronald R. White and Mark
Klinkhammer upon receipt of the
purchase orice in full
Section 3. That the City Clerk be and
is hereby authorized and directed to
record a cer~ed copy ofthis resolution
,n the offce of the City Assessor,
Dubuque County Recorder and
Dubuque Coumy Auditor.
Passed, approved and adopted this
21 st day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, C~ Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried ~'-0.
Proof of publication ced~fied to by
the Publisher on Notice of Public
Headng m consider disposing of City's
interest in Lo1 72A of West~{ew'
SubdMsien (Vacated Dor~ons of 28th
Street and Brunswick Street) and City
Manager recommending to proceed
with sale. presented anc read.
Markham movec that the proof and
communication be received and. filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 603-98
Whereas, pursuant to reeolution and
published notice of fime and place of
hearing, published in the Telegraph
Hera[d, a newspaper of general -
cireulatier, published in the City of
Dubuque, Iowa on 11th day of
December, 1998, the City Council of
the City of Dubuque, Iowa met on the
21st day of December. 1998, at 7:00
p.m. in me Public Library Auditorium,
11th and Locust, Dubuque, Dubuque,
County, Iowa to consider the proposal
for the sale of real estate described as:
Lot 72A of Westview Subdivision in the
City of Dubuque, Dubuque County,
iowa: and
Whereas. the City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written To the
proposal to sell such real ss[ale.
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 72A of Westview SubdMsien in the
City of Dubuque, Iowa to John R. and
Margaret B. Horn be and the same is
hereby approved faf the sum of
$475.00 plus cost of publication:
platting and filing fees. Conveyance
shall be by Quit Claim Deed.
Section 2. A perpetual easement
including the fight of ingress and
egress thereto, for the purpose of
erecfing, installing, construction,
reconstructing, repaifing, owning,
operating, and maintaining wa~er and
sewer service lines to serve the N1/2 of.
Lot 63 and Lot 64 of Belmont Add,on
shafi be established as shown on the
plat of Lot 72A of Westview
SubdMsien. -
Section 3. That the Mayor be
author~ed and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
ro deliver said deed of conveyance to
John R. and Margaret B. Horn upon
receipt of the eurchsse DfiCe in full.
Section 4. That the C~ Clerk be and
is hereby authorized and directed to
record a certified copy of this resolution
in the office of the City Assessor,.
Dubuque County Recorder and
Dubuque County Auditor.
Passec, approved and adopted this
21 st day of December, 1998.
Terrence M. Duggan, Mayer
Attest Mary A. Davis, City Clerk
Markham moved aeeetion of the
Resolution. Seconded by Robbins.
Motion carried 7-0.
Roger Kunde requesting Council
direction regarding relocating salvage
yard, presented and read. Nicholson
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0
Mr. Kunde spoke requesting
direction.
Reqular Session,
Corporation Counsel submitting an
Ordinance exempting City Manager
and Assistant City Manager from
serving on City Boards and
Commissions~ presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
An Ordinance Amending Sectioa 2-
42(8) of City Code providing that City
Employees are not eligible for
appointment to any Committee, Board
or Commission of the City by
exempting the City Manager and the
Assistan[ City Manager therefrom,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 80-98
AN ORDINANCE AMENDING
SECTION 2-42(8) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
PROVIDING THAT CITY EMPLOYEES
ARE NOT ELIGIBLE FOR
APPOINTMENT TO ANY
COMMITTEE, BOARD OR
COMMISSION OF THE CITY BY
EXEMPTING THE CITY MANAGER
AND THE ASSISTANT CITY
MANAGER THEREFROM.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Seciioa 1. Sec. 242(8) of the C~of
Dubuque Code of Ordinances is
amended to read as follows:
(h) City Employees Not Eligible: City
employees, other than the City
Manager and the Assistan[ City
Manager, are not eligible fer
appointment to any committee, board
or commission. A committee, board or
commission member employed by the
City shell be deemed removed from
such office as of the date of
employment by the City.
Section 2. This Ordinance shell take
effect upon publication.
Passed, approved and adopted this
21st day of December, 1998.
Terrance M. Duggan, Mayor
Attast Mary A. Davis, City Clerk
Published efficielly in the Telegraph
Herald newspaper this 31at day of
December, 1998.
Mary A. Davis CMC, City Clerk
It 12/31
Michaiski moved that the
requirement that a proposed Ordinance
be considered and voted on for
December 21, 1998 479
passage at two Council Meetings prior
to the meeting at which it is to be finally
passed De suspended. Seconded ~y
Buol, Motion carried 7-0. Michaiski
moved final consideration and passage
of the Ordinance_ Seconded by Budi.
Motion carried 7-0.
City Manager recommending
approval and execution of Loan
Agreement between the City of
Dubuque and Bishop's Block Limited
Partnership, presented and read.
Michalsk~ moved that the
communication be received and tiled
and approved recommendation.
Seconded by Markham. Motion carried
7-0.
Zoning Advisopj Commission
advising of their denial to reclassify
property at 4100 Asbunj Road from AG
to C-2 and C-3 Districts as requested
by Tim and Sara Hilby, presented and
read. Nichdison moved thal the
communication be received and file(:_
Seconded by Markham. Motion carried
7-0,
Tim & Sara Hilby spoke reque~ng a
public hearing to change a C-3 lotto C-
2.
An OrdinanceAmending Zoning Map
by reclessifying property at 4100
Asbury Road from AG Agricultural
District to C-2 Neighborhood Shopping
Center District and C-3 General
Commercial District. presented and
read. Nichdison moved that this
Ordinance be referred to the Zoning
Advisory Commission. Seconded by
Markham. Motion carded 7-0.
Zoning Advisop/ Commission
advising of their approval to reclassify
property at 35 NoAh Booth Streat from
OR to OS-(ex~ng YMCA-YWCA
property), presented and teac. Budi
moved that the communication be
received and filed. Seconded by
Nichdison. Motion carried 70.
An Ordinance Amending Zoning Map
by reclassifying preperty at 35 North
Booth Street from- OR Office
Residential District to OS Office
Service District and rezone property
west and east of the YMCA-YVVCA
Building from R-1 Single-Family
Residential District to OS Office
480 Regular Session, December 21, 1998
Service Distdc~. presented and read,
Buo[ moved that the requirement that
a proposed Ordinance be considered
anc voted on for passage at two
Council Meetings pdor to the meeting
at which it is to be flnat[y passed be
suspended. Seconded by Nichoison.
Motion carded 7-0. Buol moved that a
Public Hearing be herd or the
proposed Ordinance on the 4th day of
January, 1999 au 7:00 p.m. in the
Public Library Auditorium and direct the
City Clerk to publish notice in the
manner required by law. Seconded by
Nicholson. Motion carded7-0.
Zoning Advisory Commission
advising of their approval to reclassify
properoj North of 2275 Elm St. from R-
2A to CS District as requested by Todd
Schmitz, presented and read. Buot
moved that the communication be
receivec and filed. Seconded by.
Robbins. Motion carried 7-0.
An Ordinance Amending Zoning
Map by reclassifying property located
North of 2275 Elm Street (Lot 2 of
Ambling Subd.) from R-2A Alternate
Two-Family Residential Distfic~ m CS
Commercial Se~ce and Wholesale
Distdct presented and read. Buol
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council Meetings prior to the meeting
au which it is to be finally passed be
suspended Secondec by Robbins:
Motion carded 7-0 Buol moved that a
Public Hearing be held on the:
proposed Ordinance on the 4th day of
January, 1999 at 7:00 p.m. in the
Public Library Auditorium and direct the
City Clerk m publish notice in the
manner prescribed by law. Seconded
by Robbins. Motion carded 7-0. - '
Zoning Advisory Commission
advising of their approval to reclassify
property South of A~bury Road and ,
west of the Northwest Arterial from AG
ana C-3 District to PUD with a PC and
PR designation reoussted by QHQ
Properties/Mike Quagliano, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
An Ordinance Amending Zoning"
Map be reclassifying property South of
Asbury Road and west of the
Northwest AKerial from AG Agricultural
Distdct and C-3 General Commercial
Distdct with conditions to a PUD
Panned Unt Deveopment with a PC
Planned Commercial and PR Planned
Residential zoning designation,
presented and read. Buol moved that
the requirement that a 9ropossd
Ordinance be considered and voted on
for passage at two Council Meetings
prior to the meeting at which it is to be
finally passed be suspended.
Seconded by Robbins. Motion carded
7-0. Buol moved that a Public Hearing
be held on the proposed Ordinance on
the 4th day of January, 1999 at 7:00
p.m. in the Public Library' Auditorium
and that the City Clerk publish notice in
the manner 9rescdbed by law.
Seconded by Robbins. Motion carded
7-0.
Zoning Advisory Commission
advising of their approval of a text
amendment to Zoning Ordinance
regarding regulations for towers and
antennas, presented and read. Buol
moved that the communication be
receivec and tiled. Seconded by
Robbins. Motion carded 7-0. '.-~"-
An Ordinance Ame&~ing A~pendix
"A' of the Code of Ordinances (Zoning
Ordinance} by adding Section 4-9 to
establis~ regulations for towers and
antennas, presented and read Buol
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at ~wo
Council Meetings pdor tothe meeting-
at which it is to be finally passed be
suspended. ¢ Seconded by Robbins.
Motion carded 7-0~ Buol ~oved thata -
Public Headng be -'held on the
- proposed Ordinance bn the 4th day of
January, 1999 at 7:00 p.m. in the
Public Libranj Auditorium and that the
City Clerk publish notice in the manner
prescribed ;by law. Seconded by
Robbins. Motion carried 7-0.
City Manager submitting documents
providing for cdnstruction of 'Key
Corners Storm Sewer Extension,
presented and read. Michaiski moved
that the communication be received
and tiled. Seconded by Markham.
Motion'carded 7-0
Regu ar Session, December 21, 1998
481
RESOLUTION NO. 604-98
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cos[ for the Key Comers
Storm Sewer Extension, i~ the
estimated amount of $55,637.06, ars
hereby approved and ordersd filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
21st day of December, 1998.
Temanca M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michaisk~ moved adoption of the
Resolution. Seconded by Markham.
Motion carried 7-C.
RESOLUTION NO. 605-98
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Counml of. the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on ~e in the
office of the City Clerk for public
inspection of the Key Corners Storm
Sewer Extension.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 18th day of Janua~',
1999, a public hearing will be held at
7:00 p.m. in the Public Library
Audftodum au which time interssted
persons may appear and be hearc for
or against the proposed plans and
specifications, form of contract and
cost of said improvement and the City
Clerk be and is hersby directed to
cause a notice of time and place of
such hearing to be published in a
newspaper having general ciroulatJon
in the City of Dubuque, Iowa, which
notice shall be not less than four days
nor more than ~wenty days prior to the
day fixed for its consideration. At the
heating, any interested pemo~ may
appear and tile objections to the
proposed plans, specifications,
conltacf, or estimated cost of the
improvement.
Passed, adopted and approved this
21st day of December, 1998.
Torrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Michalstd moved adoption of the
Resdiution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 606-98
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Key Corners Storm Sewer
Extension is hereby ordersd [o be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a par~ of the plans
and specificafJons heretofore adopted.
That the City Clerk is hereby
directed to adver~se for bids for the
construdi~on of the improvements
herein provided, 1o be published in a
newspaper having genersJ circulation
in the Cf~y of Dubuque, Iowa, which
notice shall not be less than four days
nor more than forty-~ve days prior to
the receipt of said bids at 2:00 p.m. on
the 7th day of January, 1999. Bids
shall be opened and read by the City
Clerk at said flee and will be submitted
to the Counc~ for final action at 7:00
p.m. on the 18th day of January, 1999.
Passed, adopted and approved this
21st day of December, 1998.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis. City Clerk
Michalsld moved adoption of the
Resolution. Seconded by Markham.
Motion carded 7-0.
At 7:52 p.m. Michaiski movedto go
into Closed Session ~n accordance with
Chapter 21.5 1.(j) To discuss the
purchase of pa~cular real estate
where prematurs disclosure could be
reasonably expected to increase the
price the governmental body would
have to pay for that property.
Seconded by Buol. Motion carded 7-0.
At 8:45 p.m. Counc] reconvened
Regular Session with statement that
Staff had been grven direction.
There being no further business,
Michaisld moved to adjourr the
meeting. Seconded by Budi. Motion
carded 7-0. The meeting adjourned at
8:49 p.m.
Regular Session, December 21, 1998
/s/Mary A. Davis CMC
City Clerk
/
1999
1999
Council Mercbers~ .
City Cle,r/~