Council Proceedings June 2001
Regular Session, June 4, 2001 175
DUBUQUE
received and filed and concurred. Seconded by
Markham. Motion carried 7-0.
CITY COUNCIL
OFFICIAL
Corporation Counsel advising that the claim of
PROCEEDINGS
Fieldon Atchison for grass replacement has
been settled, presented and read. Buol moved
that the communication be received and filed
City Council, Regular Session, June 4, 2001
and concurred. Seconded by Markham. Motion
Council Met in Regular Session at 6:30 P.M. in
carried 7-0.
the Library Auditorium
Present: Mayor Duggan, Council Members
Citizen Communication: Communication from
Buol, Cline, Markham, Michalski, Nicholson,
David W. Leifker to the Iowa Department of
Robbins, City Manager Michael Van Milligen,
Transportation regarding the dangerous
Corporation Counsel Barry Lindahl.
design/condition of Highway 20 West between
the Northwest Arterial and Old Highway 20
Mayor Duggan read the call and stated this is
intersections, presented and read. Buol moved
the regular session of the City Council called for
that the communication be received and filed.
the purpose of acting upon such business which
Seconded by Markham. Motion carried 7-0.
may properly come before the City Council.
Starlight Drive and Lake Ridge Drive – Site
Invocation was given by Reverend George
Plan: Zoning Advisory Commission advising of
Bauman, Pastor, Holy Trinity Lutheran Church.
their approval of the site plan for a new medical
office building on the southeast corner of
Rick Dickinson, Executive Director of the
Starlight Drive and Lake Ridge Drive in Hansel’s
Greater Dubuque Development Corporation,
Planned Commercial District,presented and
gave a verbal progress report.
read. Buol moved that the communication be
received and filed. Seconded by Markham.
David Rusk, Chairperson of the Downtown
Motion carried 7-0.
Planning Committee, spoke giving an update on
the Committee’s efforts and upcoming events for
Brewery Acquisition and Rehabilitation Project
a downtown visioning process.
– Combined Notice: City Manager
recommending approval of publication of a
CONSENT ITEMS
combined notice of no significant impact on the
environment and notice of intent to request
Minutes Submitted: Airport Commission of
release of funds for the Brewery Acquisition and
5/21; Five Flags Commission of 5/21; Historic
Rehabilitation Project, presented and read. Buol
Preservation Commission of 4/19 and 5/17;
moved that the communication be received and
Housing Commission of 5/1; Human Rights
filed. Seconded by Markham. Motion carried 7-0.
Commission of 4/9; Transit Board of 5/10,
presented and read. Michalski moved that the
RESOLUTION NO. 230-01
minutes be received and filed. Seconded by
A RESOLUTION AUTHORIZING PUBLICA-
Nicholson. Motion carried 7-0.
TION OF A COMBINED NOTICE OF FINDING
OF NO SIGNIFICANT IMPACT ON THE
Notice of Claims/Suits: Zachary S. Breitbach in
ENVIRONMENT AND NOTICE OF INTENT TO
estimated amount of $370 for vehicle damage;
REQUEST RELEASE OF FUNDS FOR THE
Scott Lovett in estimated amount of $3,057.29
BREWERY ACQUISITION AND REHABILITA-
for vehicle damage; Robert McIntyre in
TION PROJECT
estimated amount of $2,425.18 for vehicle
Whereas, the City of Dubuque entered into a
damage; Chad Weydert in estimated amount of
Grant Agreement for the Fiscal Year
$250 for vehicle damage, presented and read.
commencing July 1, 2000, with the U.S.
Buol moved that the claims and suits be
Department of Housing and Urban
received and filed and referred to the legal staff
Development, providing for financial assistance
for investigation and report. Seconded by
to the City under Title I of the Housing and
Markham. Motion carried 7-0.
Community Development Act of 1974, as
amended; and
Corporation Counsel advising that the
Whereas, pursuant to the rules and regulations
following claims have been referred to Public
as promulgated by the U.S. Department of
Entity Risk Services of Iowa, the agent for the
Housing and Urban Development, an
Iowa Communities Assurance Pool: Amber
environmental review has been processed for
Kallenberger for personal injury; Robert McIntyre
the Brewery Acquisition and Rehabilitation
for motorcycle damage, presented and read.
project; and
Buol moved that the communications be
176 Regular Session, June 4, 2001
Whereas, based on said environmental review, environmental review, decision making and
the Department of Housing and Community action.
Development has determined that said project Section 6. That the Mayor of the City of
will have no significant impact on the Dubuque be and he is hereby authorized and
environment; and directed to execute a certification pertaining to
Whereas, a combined notice of "Finding of No the environmental review procedures.
Significant Impact on the Environment" and of Passed, approved and adopted this 4th day of
"Intent to Request Release of Funds" for said June, 2001.
project will be sent by regular mail to various Terrance M. Duggan, Mayor
federal, state and local public agencies; to the Attest: Jeanne F. Schneider, City Clerk
appropriate Regional Office of the Buol moved adoption of the Resolution.
Environmental Protection Agency, to the HUD Seconded by Markham. Motion carried 7-0.
Area Office and to the local news media,
individuals and groups known to be interested County of Dubuque – Application for
and believed to be appropriate to receive such a Enterprise Zone Designation: City Manager
notice; and recommending that the City support the
Whereas, any and all comments received as a County’s application to the Iowa Department of
result of such notice will be duly considered Economic Development for an Enterprise Zone
before proceeding with a Request for Release of in Dubuque County which would include the
Funds and Certification. Dubuque Technology Park and the Dubuque
NOW, THEREFORE, BE IT RESOLVED BY Regional Airport, presented and read. Buol
THE CITY COUNCIL OF THE CITY OF moved that the communication be received and
DUBUQUE, IOWA: filed. Seconded by Markham. Motion carried 7-0.
Section 1. That the City Clerk be and is hereby
RESOLUTION NO. 231-01
authorized and directed to publish a combined
RESOLUTION OF SUPPORT FOR DUBUQUE
Notice of Finding of No Significant Impact on the
COUNTY’S APPLICATION TO THE IOWA
Environment and Notice of Intent to Request
DEPARTMENT OF ECONOMIC DEVELOP-
Release of Funds for the Brewery Acquisition
MENT REQUESTING CERTIFICATION OF AN
and Rehabilitation project and to make the
ENTERPRISE ZONE IN DUBUQUE COUNTY.
Environmental Review Record for said project
available for public inspection and comment until Whereas, Dubuque County (the “County”)
5:00 p.m. on June 22, 2001. Such notice shall seeks to have a portion of the county certified as
be in the form of Exhibit "A" attached hereto and an Enterprise Zone; and
made a part hereof. Whereas, portions of the zone would include
Section 2. That the environmental review property located within the corporate limits of the
record for the project shall be placed on file in City of Dubuque (the “City”) and the Dubuque
the Office of the City Clerk and the Housing and Regional Airport; and
Community Development office where said Whereas, the benefits of Enterprise Zone
record may be examined and copied by any designation will encourage new industrial
interested party. development opportunities in the City; and
Section 3. That the Mayor of the City of Whereas, the City wishes to support the
Dubuque is hereby authorized and directed to County’s application to the Iowa Department of
submit to the U.S. Department of Housing and Economic Development for Enterprise Zone
Urban Development fifteen (15) days after designation in Dubuque County.
publication of appropriate notice a Request for NOW, THEREFORE, BE IT ORDAINED BY
Release of Funds to undertake the said project. THE CITY OF DUBUQUE, IOWA:
Section 4. That the Mayor of the City of Section 1. That the Dubuque City Council
Dubuque is hereby authorized to consent to supports the County’s application for Enterprise
assume the status of a responsible federal Zone designation of a portion of Dubuque
official under the National Environmental County, including the Dubuque Technology Park
Protection Act, insofar as the provisions of the and the Dubuque Regional Airport.
said Act apply to the U.S. Department of Section 2. That the City Clerk is authorized to
Housing and Urban Development forward a copy of this resolution to the Dubuque
responsibilities for review, decision making, and County Board of Supervisors for submission with
action assumed and carried out by the City of their application for Enterprise Zone designation.
Dubuque as to environmental issues. PASSED, APPROVED and ADOPTED this 4th
Section 5. That the Mayor of the City of day of June, 2001.
Dubuque is hereby authorized to consent Terrance M. Duggan, Mayor
personally, in his official capacity and on behalf Attest: Jeanne F. Schneider, City Clerk
of the City of Dubuque, to accept the jurisdiction Buol moved adoption of the Resolution.
of the federal courts if an action is brought to Seconded by Markham. Motion carried 7-0.
enforce responsibilities in relation to
Regular Session, June 4, 2001 177
2000 PC Concrete Paving Project – No. 2 property owners whose property is subject to
(Burden Street and North Burden Street): City assessment, as provided and directed in Section
Manager recommending approval of the Final 384.60 of the Code of Iowa.
Assessment Schedule for the 2000 PC Concrete That assessments may be paid in full or in part
Paving Project – No. 2 (Burden Street and North without interest at the office of the County
Burden Street), presented and read. Buol moved Treasurer, at any time within 30 days after the
that the communication be received and filed. date of the first publication of this notice of the
Seconded by Markham. Motion carried 7-0. filing of the final schedule of assessments with
the County Treasurer. After 30 days unpaid
RESOLUTION NO. 232-01
assessments of $50.00 or more are payable in
A RESOLUTION ADOPTING THE FINAL
10 annual installments and will draw annual
ASSESSMENT SCHEDULE FOR THE 2000 PC
interest at nine percent (commencing on the
CONCRETE PAVING PROJECT – NO. 2
date of acceptance of the work) computed to the
(BURDEN STREET AND NORTH BURDEN
December 1 next following the due dates of the
STREET) INCLUDING CERTAIN INFORMA-
respective installments as provided in Section
TION REQUIRED BY THE CODE OF IOWA,
384.65 of the Code of Iowa. Each installment will
SPECIFICALLY, THE NUMBER OF ANNUAL
be delinquent from October 1 following its due
INSTALLMENTS INTO WHICH ASSESS-
date on July 1 of each year. Property owners
MENTS ARE DIVIDED, THE INTEREST ON
may elect to pay any annual installments
ALL UNPAID INSTALLMENTS, THE TIME
semiannually in advance.
th
WHEN THE ASSESSMENTS ARE PAYABLE
Passed, approved and adopted this 4 day of
AND DIRECTING THE CLERK TO CERTIFY
June, 2001.
THE FINAL SCHEDULE AND TO PUBLISH
Terrance M. Duggan, Mayor
NOTICE THEREOF.
Attest: Jeanne F. Schneider, City Clerk
NOW THEREFORE, BE IT RESOLVED BY CITY OF DUBUQUE, IOWA
THE CITY COUNCIL OF THE CITY OF BURDEN STREET
DUBUQUE, IOWA: (Windsor Ave. TO N. Burden )
That after full consideration of the final and N. BURDEN
schedule of assessments and accompanying (Burden St. to End)
plat showing the assessments proposed to be FINAL SCHEDULE OF VALUATION AND
made for the construction of the 2000 PC PROPOSED ASSESSMENTS
Concrete Paving Project – No. 2 (Burden Street VALUATION WITH IMPROVEMENT - NET
and North Burden Street) under contract with PAVING ASSESSMENT - SIDEWALK
Tschiggfrie Excavating of Dubuque, Iowa, which ASSESSMENT - DEFICIENCY ASSESSMENT
final plat and schedule were filed in the office of GROSS ASSESSMENT - WATER SERVICE
th
the City Clerk on the 30 day of May 2001, the ASSESSMENT - TOTAL NET ASSESSMENT
said schedule of assessments be and the same Linwood-Burden Ave. Place
is hereby approved and adopted. "Ludwig, Daniel" 1-1-1-2-1 "$60,119.34"
That there be, and is hereby assessed and "$1,912.17" $0.00 $0.00 "$1,912.17"
levied as a special tax against and upon each of $620.32 " $2,532.49"
the lots, the respective sums indicated. "Hingtgen, Eugene J. III & Kelly S." 2-1-2-1
Provided, further, that the amounts shown in "$66,568.10" $548.10 $0.00 $0.00
said final schedule of assessments as $548.10 $0.00 $548.10
deficiencies are found to be proper and levied "Schulze, Fred & Eileen" 2-2-1 "$64,357.81"
conditionally against the respective properties "$1,507.81" $0.00 $0.00 "$1,507.81"
benefited by the improvements as shown in the $582.96 " $2,090.77"
schedule, subject to the provisions of Section "Welter, Harold B & Betty L." 1-2-1-1
384.63 of the Code of Iowa. Said assessments "$80,475.20" "$1,715.20" $0.00 $0.00
against said lots are hereby declared to be in "$1,715.20" $582.96 " $2,298.16"
proportion to the special benefits conferred and "Waller, Drew D. & Wielage, Susan M." 2-2-1-1
not in excess of twenty-five percent of the value "$63,849.03" "$1,539.03" $0.00 $0.00
of same. "$1,539.03" $0.00 "$1,539.03"
That the City Clerk be and is hereby directed "Dubler, Leslie C. & Pauline" 1-1-1-1
to certify said schedule to theCounty Treasurer "$67,558.08" "$1,628.08" $0.00 $0.00
of Dubuque County, Iowa, and to publish notice "$1,628.08" $564.29 " $2,192.37"
of said certification once each week for two "Kruser, Douglas J. & Sheila M." 2-1-1-1
consecutive weeks in the manner provided in "$61,000.75" "$1,660.75" $0.00 $0.00
Section 362.3, the first publication of which shall "$1,660.75" $0.00 "$1,660.75"
be not more than fifteen days from the date of Burden & Lawther Addition
filing of the final schedule. On or before the date "Thill, Gregory J. & Angela A." 73
of the second publication of the notice, the City "$69,337.86" "$1,717.86" $0.00 $0.00
Clerk shall also mail a copy of said notice to "$1,717.86" $0.00 "$1,717.86"
178 Regular Session, June 4, 2001
"Thill, Gregory, J & Angela A"2-74..............W/73 "$1,209.93" $620.32 "$1,830.25"
"Carter, Kristine Elaine Jellison" 1-74 "Bentz, Martin J. & Barbara" 87 "$56,509.93"
"$10,938.14" "$1,128.14" $0.00 $0.00 "$1,209.93" $0.00 $0.00 "$1,209.93"
"$1,128.14" $349.16 " $1,477.29" $620.32 "$1,830.25"
"Carter, Kristine Elaine Jellison" 75 "Haas, Thomas E." 88 "$66,939.93"
"$59,942.11" "$1,242.11" $0.00 $0.00 "$1,209.93" $0.00 $0.00
"$1,242.11" $620.32 "$1,862.43" "$1,209.93" $0.00 "$1,209.93"
"Kieffer, Kraig" 76 "$84,327.59" "$1,227.59" "Kuehn, Alwin G. & Velma C." 89
$0.00 $0.00 "$1,227.59" $0.00 "$1,227.59" "$75,169.93""$1,209.93" $0.00 $0.00
"Weis, William E. & Barbara J." 77 "$1,209.93"$582.96 "$1,792.89"
"$46,687.35" "$1,197.35" $0.00 $0.00 "Duggan, Tracy L & Bechen, James M" 90
"$1,197.35" $601.64 "$1,798.99" "$54,989.93" "$1,209.93" $0.00 $0.00
"Helbing, Ronald J" 138 "$56,861.53" "$1,209.93" $0.00 "$1,209.93"
"$1,131.53" $0.00 $0.00 "$1,131.53" $0.00 "Spielman, Charles J & Helen A (UND1-2 INT)
"$1,131.53" Spielman, Craig E." 91 "$80,629.93"
"Schwartz, Frank J & Jeanette" 139 "$1,209.93" $0.00 $0.00 "$1,209.93"
"$64,717.99" "$1,177.99" $0.00 $0.00 $582.96 "$1,792.89"
"$1,177.99" $975.22 “$2,153.21" "Frye, George R. & Joan" 92 "$65,067.34"
"Selle, Donna J " 140 "$53,145.97" "$1,567.34" $0.00 $0.00 "$1,567.34"
"$1,155.97" $0.00 $0.00 "$1,155.97" $582.96 "$2,150.30"
$975.22 "$2,131.19" "Berger, Anna E." 121 "$57,908.91"
"Schlegel, Joseph A. & Laura L." 141 "$1,368.91" $0.00 $0.00 "$1,368.91" $0.00
"$60,973.95" "$1,133.95" $0.00 $0.00 "$1,368.91"
"$1,133.95" $975.22 "$2,109.17" "Kotz, Celester J." 122 "$72,024.89"
"Horaney, Nicholas A & Angela L." 142 "$1,814.89" $0.00 $0.00 "$1,814.89" $0.00
"$67,019.02" "$1,109.02" $0.00 $0.00 "$1,814.89"
"$1,109.02" $993.90 "$2,102.92" "Kotz, Celester J." N1/2-123 w/122
"Norton, Patrick J" 143 "$58,893.85" "Willey, Rick L & Pamela J" S1/2-123
"$1,083.85" $0.00 $0.00 "$1,083.85" "$60,760.00" $604.96 $0.00 $0.00 $604.96
"$1,124.65" "$2,208.50" $956.54 "$1,561.50"
"Anderson, Christian III & Sandra L." 144 "Kenniker, Richard W. & Judith A." N.47'-124
"$56,765.95" "$1,095.95" $0.00 $0.00 "$61,828.40" "$1,137.33" $0.00 $0.00
"$1,095.95" $956.54 "$2,052.49" "$1,137.33" $937.86 "$2,075.19"
City of Dubuque "1-1-3, 11,12,13 NE1-4-Sec. 13 "Clark, Richard C." S.3'-124 "$55,291.60"
-T89N-R2E" "$37,872.28" "$7,872.28" $0.00 "$1,282.52" $0.00 $0.00 "$1,282.52"
$0.00 "$7,872.28" "$1,636.17" "$9,508.45" $956.54 "$2,239.06"
"Rohr, Owen D & Cheryl R" 78 "$65,889.93" "Clark, Richard C." 125 w/ S. 3' - 124
"$1,209.93" $0.00 $0.00 "$1,209.93" $0.00 "Lewis, Marjorie C Rentals" 126 "$53,289.93"
"$1,209.93" "$1,209.93" $0.00 $0.00 "$1,209.93"
"Saeugling, Selma R." 79 "$42,269.93" $937.86 "$2,147.79"
"$1,209.93" $0.00 $0.00 "$1,209.93" $0.00 "Buelow, Thomas J" 127 "$76,029.93"
"$1,209.93" "$1,209.93" $0.00 $0.00 "$1,209.93"
"Saeugling, Selma R." 80 "$7,409.93" $956.54 "$2,166.47"
"$1,209.93" $0.00 $0.00 "$1,209.93" "Besler, Craig A & Karla A" 128 "$75,909.93"
$349.16 "$1,559.08" "$1,209.93" $0.00 $0.00 "$1,209.93" $0.00
"Wickre, Julian S. & Eleanor V" 81 "$1,209.93"
"$67,899.93" "$1,209.93" $0.00 $0.00 "Motsch, Eugene A & Ruth I CONT. Motsch,
"$1,209.93" $0.00 "$1,209.93" Debra E." 129 "$69,369.93" "$1,209.93"
"Williams, John C & Jacqueline" 82 $0.00 $0.00 "$1,209.93" $0.00 "$1,209.93"
"$66,399.93" "$1,209.93" $0.00 $0.00 "Buse, David T & Jennifer" 130 "$68,179.93"
"$1,209.93" $582.96 "$1,792.89" "$1,209.93" $0.00 $0.00 "$1,209.93" $0.00
"Kaune, Peggy y L" 83 "$70,589.93" "$1,209.93"
"$1,209.93" $0.00 $0.00 "$1,209.93" "Saeugling, Selma" 131 "$45,369.93"
$620.32 "$1,830.25" "$1,209.93" $0.00 $0.00 "$1,209.93"
"Curler, Donald E. & Karen M." 84 $937.86 "$2,147.79"
"$66,549.93" "$1,209.93" $0.00 $0.00 "Blocklinger, Kevin M Sr & Kimberly A" 132
"$1,209.93" $601.64 "$1,811.57" "$55,750.00" "$1,209.93" $0.00 $0.00
"Stonehocker, Roger G & Jennifer L." 85 "$1,209.93" $993.90 "$2,203.83"
"$6,659.93" "$1,209.93" $0.00 $0.00 "Brotzman, Leslie J. & Amy J." 133
"$1,209.93" $349.16 " $1,559.08" "$41,959.93" "$1,209.93" $0.00 $0.00
"Stonehocker, Roger G & Jennifer L." 86 "$1,209.93" $975.22 "$2,185.15"
"$35,569.93" "$1,209.93" $0.00 $0.00
Regular Session, June 4, 2001 179
"Reisen, Charles & Linda" 134 "$79,339.93" "Weitz, Aloysius L & Mary C" 17 "$62,414.40"
"$1,209.93" $0.00 $0.00 "$1,209.93" "$1,754.40" $0.00 $0.00 "$1,754.40"
$975.22 "$2,185.15" $956.54 "$2,710.94"
"Bender, Kris A. & Stephen F." 134 "Kelly, Cledis C" 18 "$61,405.46" $665.46
"$40,149.93" "$1,209.93" $0.00 $0.00 $0.00 $0.00 $665.46 $0.00 $665.46
"$1,209.93" $900.51 "$2,110.44" "Koehler, Mark W & Penny A." 19
"Barnes, Susan M & Wasmundt, Mara C" 136 "$79,462.98"$362.98 $0.00 $0.00
"$58,019.93" "$1,209.93" $0.00 $0.00 $362.98$0.00 $362.98
"$1,209.93" $975.22 "$2,185.15" "Mayerle, Kenneth & Marie" 20 "$68,829.39"
"Krieg, Pamela M" 137 "$70,859.93" $169.39 $0.00 $0.00 $169.39 $0.00
"$1,209.93" $0.00 $0.00 "$1,209.93" $169.39
$975.22 "$2,185.15" "Mohr, Rita J" 21 "$71,718.00" $98.00
"Nauman, Russel D & Diane J" 111 $0.00 $0.00 $98.00 $0.00 $98.00
"$69,770.65" $40.65 $0.00 $0.00 $40.65 "Firzlaff, Janice M." 22 "$52,667.44" $77.44
$0.00 $40.65 $0.00 $0.00 $77.44 $0.00 $77.44
"Pfohl, Joseph A & Judith A" 112 "Welu, Irene M" 33 "$5,527.44" $77.44
"$48,898.00" $98.00 $0.00 $0.00 $98.00$0.00 $0.00 $77.44 $0.00 $77.44
$0.00 $98.00 "Duggan, Jean A & Michael W" 34
"Maiden, Patrick J" 113 "$39,739.39" $169.39 "$111,158.00" $98.00 $0.00 $0.00
$0.00 $0.00 $169.39 $0.00 $169.39 $98.00 $0.00 $98.00
"Kohn, Delbert W. & Virginia N" 114 "Hanson, Robert L & Shirley M." 35
"$85,282.98" $362.98 $0.00 $0.00 "$66,819.39" $169.39 $0.00 $0.00
$362.98 $0.00 $362.98 $169.39 $0.00 $169.39
"Bendel, Carole Rose" 115 "$60,135.46" "Arensdorf, Ginger M" 36 "$66,982.98"
$665.46 $0.00 $0.00 $665.46 $0.00 $362.98 $0.00 $0.00 $362.98 $0.00
$665.46 $362.98
"Gerner, Marcellus & Viola" 116 "$57,904.40" "Stoffel, William L & Joyce A" 37 "$62,725.46"
"$1,754.40" $0.00 $0.00 "$1,754.40" $665.46 $0.00 $0.00 $665.46 $0.00
$639.00 "$2,393.40" $665.46
"Munson, Brian K & Barbara G" 118 "Douglass, Eugene L & Margaret M" 38
"$68,304.40" "$1,754.40" $0.00 $0.00 "$70,514.40" "$1,754.40" $0.00 $0.00
"$1,754.40" $0.00 "$1,754.40" "$1,754.40" $0.00 "$1,754.40"
"Delaney, Jean M." 119 "$74,135.46" "Dubler, Linda K" 39 "$83,894.40"
$665.46 $0.00$0.00 $665.46 $0.00 $665.46 "$1,754.40" $0.00 $0.00 "$1,754.40"
"Gooch, Robert P & Barbara A" 120 $0.00 "$1,754.40"
"$76,722.98" $362.98 $0.00 $0.00 "Scherf, Thomas J & Briden, J'nean E" 40
$362.98 $0.00 $362.98 "$80,245.46" $665.46 $0.00 $0.00
"Robbins, Jeffery W & Rath, Tammy M." 1-1- $665.46 $0.00 $665.46
145 "$63,789.39" $169.39 $0.00 $0.00 "Fulton, Bertrandine V" 41 "$65,432.98"
$169.39 $0.00 $169.39 $362.98 $0.00 $0.00 $362.98 $0.00
"Crimmins, Charles & Patricia M" 2-1-145 $362.98
"$94,838.00" $98.00 $0.00 $0.00 $98.00 "Hogan, Deborah A" 42 "$78,439.39"
$0.00 $98.00 $169.39 $0.00 $0.00 $169.39 $0.00 $169.39
"West, Malia M" 3-1-145 "$63,517.44" $77.44 "Reiter, Merlin J & Janann E." 43 "$5,968.00"
$0.00 $0.00 $77.44 $0.00 $77.44 $98.00 $0.00 $0.00 $98.00 $0.00 $98.00
O'Neills Riverview "Reiter, Merlin J & Janann E." 44 "$58,515.89"
"Hammerhand, Paul J" 11 "$4,764.10" $25.89 $25.89 $0.00 $0.00 $25.89 $0.00 $25.89
$0.00 $0.00 $25.89 $0.00 $25.89 "Markus, Benjamin J Jr. & Mary Jane" 55
"Vogt, Kristine L" 12 "$66,668.00" $98.00 "$58,516.86" $26.86 $0.00 $0.00 $26.86
$0.00 $0.00 $98.00 $0.00 $98.00 $0.00 $26.86
"Francois, Daniel J & Sally A" 13 "$70,229.39" "Cliff, Eugene H & Deanna I" 56 "$73,074.51"
$169.39 $0.00 $0.00 $169.39 $0.00 $101.88 $0.00 $0.00 $101.88 $0.00
$169.39 $101.88
"Cummings, Ralph E & Donna J" 14 "Ehlers, David G. & Margaret M." 57
"$58,312.98" $362.98 $0.00 $0.00 "$64,256.17" $176.17 $0.00 $0.00
$362.98 $0.00 $362.98 $176.17 $0.00 176.17
"Goodendorf, Lloyd F & Laura L" 15 "Daughetee, Thomas A & Mary G" 58
"$57,285.46" $665.46 $0.00 $0.00 "$73,577.50" $377.50 $0.00 $0.00
$665.46 $0.00 $665.46 $377.50 $0.00 $377.50
"Zimmer, Harold N. & Hazel" 16 "$69,534.40" "Harrington, Donald D & Karen J" 59
"$1,754.40" $0.00 $0.00 "$1,754.40" $0.00 "$104,576.65" "$2,516.65" $0.00 $0.00
"$1,754.40" "$2,516.65" $0.00 "$2,516.65"
180 Regular Session, June 4, 2001
"Harrington, Donald D & Karen J" 60 w/59 $149.55 $0.00 $149.55
"Gates, Stephen J & Juanita E." 1-61"Gaul, Thomas L & Catherine T
"$56,278.33" "$1,258.33" $0.00 $0.00 " E.15'-E.1/2-101 w/100
"$1,258.33" $937.86 "$2,196.19" "Mc Caffery, Timothy J & Amy M"
"O'Brian, Thomas L & Doris L" 2-61 W.10'-E1/2-101 "$85,557.03" $467.03
"$80,348.33" "$1,258.33" $0.00 $0.00 $0.00 $0.00 $467.03$0.00 $467.03
"$1,258.33" $0.00 "$1,258.33" "Mc Caffery, Timothy J & Amy M" W1/2-101
"Gates, Stephen J & Juanita E." 1-62 w/1-61 w/003
"O'Brian, Thomas L & Doris L" 2-62 w/2-61 "Mc Caffery, Timothy J & Amy M" 102
"Meyer, James Alan & Carol Ann" 63 -Except-W.7' w/003
"$78,097.50" $377.50 $0.00 $0.00 "Bisping, Ann L" W.7'-102 "$43,898.72"
$377.50 $0.00 $377.50 $808.72 $0.00$0.00 $808.72 $0.00 $808.72
"Connors, Thomas J & Joyce E" 64 "Bisping, Ann L" 103 w/W.7'-102
"$83,556.17" $176.17 $0.00 $0.00 "Bisping, Ann L" 104 "$11,818.57"
$176.17 $0.00 $176.17 "$1,929.84" $858.74 $0.00
"O'Brian, Daniel S & Connie L" 65 "$82,671.88" "$2,788.57" $0.00 "$2,788.57"
$101.88 $0.00 $0.00 $101.88 $0.00 "Mueller, Terrance J & Mary M" 105
$101.88 "$47,827.45" "$2,118.59" $808.86
"Charley, Jason J." 66 "$69,660.30" $0.00 "$2,927.45" $0.00 "$2,927.45"
$80.34 $0.00 $0.00 $80.34 $0.00 $80.34 "Husemann, Cheryl F" 106 "$65,986.74"
"Besler, David R." 1-77 "$70,347.43" "$2,566.74" $0.00 $0.00 "$2,566.74"
$47.43 $0.00 $0.00 $47.43 $0.00 $47.43 $0.00 "$2,566.74"
"Vandenberg, Harry F & Geraldine" 2-77 "Husemann, Cheryl F" 107 w/106
"$74,381.07" $111.07 $0.00 $0.00 "Meyer, Armella A" 108 "$56,212.91"
$111.07 $0.00 $111.07 "$1,572.91" $0.00 $0.00 "$1,572.91"
"Vandenberg, Harry F & Geraldine" 1-78 w/2-77 $0.00 "$1,572.91"
"Prine, Robert L & Patricia A" 2-78 "Pottebaum, Mary, Timothy J & Raymond E"
"$88,316.33" $186.33 $0.00 $0.00 W.50'-109 "$42,265.53" "$1,365.53" $0.00
$186.33 $0.00 $186.33 $0.00 "$1,365.53" $825.79 "$2,191.32"
"Prine, Robert L & Patricia A" 1-79 w/2-78 "Knudson, William R & Mary Ann" E.10'-109
"Howes, Bruce R & Bonnie J" 2-79 "$4,060.81" "$1,015.20" $0.00 $545.61
"$62,353.64" $433.64 $0.00 $0.00 "$1,560.81" $0.00 "$1,015.20"
433.64 $0.00 $433.64 "Knudson, William R & Mary Ann" 110
"Howes, Bruce R & Bonnie J" 80 W/2-79 W/E.10'-109
"Schroeder, Paul & Virginia" 1-81 "Knudson, William R & Mary Ann" 111
"$71,171.91" "$1,451.91" $0.00 $0.00 "$42,030.00" "$1,300.67" $0.00 $0.00
"$1,451.91" $0.00 "$1,451.91" "$1,300.67" $0.00 "$1,300.67"
"Schmitz, Todd H" 2-81 "$64,379.93" "Picker, Allen J & Lizabeth" 112
"$1,209.93" $0.00 $0.00 "$1,209.93" "$59,380.67""$1,300.67" $0.00
$0.00 ` "$1,209.93" $0.00 "$1,300.67" $0.00" $1,300.67"
"Schroeder, Paul & Virginia" 1-82 W/1-81 Fisher's Subdivision
"Schmitz, Todd H" 2-82 W/2-81 "Kress, George W & Sandra J" 6 "
"Kitch, Jan L & Kathleen A" 83 $64,729.76" "$1,939.76" $0.00 $0.00
"$81,349.84" "$1,929.84" $0.00 "$1,939.76" $0.00 "$1,939.76"
$0.00 "$1,929.84" $0.00 "$1,929.84" "Kress, George W & Sandra J" E.27'-7 w/6
"Leik, Donald W Jr & Lisa J" 84 "Hyde, Brian E & Nancy S" W.13'-7
"$66,632.80" $732.01 $0.00 $0.00 "$53,408.84" "$1,378.84" $0.00 $0.00
$732.01 $0.00 $732.01 "$1,378.84" $0.00 "$1,378.84"
"Dennis, Loretta" 85 "$57,819.28" $399.28 "Hyde, Brian E & Nancy S" 8 w/W.13'-7
$0.00 $0.00 $399.28 $0.00 $399.28 "Hyde, Brian E & Nancy S" 9 "$3,681.08"
"Udelhofen, Gail H." 86 "$52,736.33" $920.27 $0.00 "$1,160.81" "$2,081.08"
$186.33 $0.00 $0.00 $186.33 $0.00 $186.33 $0.00 $920.27
"Burrows, Lewis L & Joan P" 87 "$52,467.68" "Hyde, Brian E & Nancy S" 10 w/9
$107.68 $0.00 $0.00 $107.68 $0.00 "Sanner, John C" 11 "$2,216.66" $554.17
$107.68 $0.00 $452.49 "$1,006.66" $0.00 554.17
"Siegworth, Thomas R & Nina L" 88 "Sanner, John C" 12 "$2,216.66" $554.17
"$65,348.55" $28.55 $0.00 $0.00 $0.00 $452.49 "$1,006.66" $0.00 $554.17
$28.55 $0.00 $28.55 Bowden Place
"Meyer, William J & Lynn E" 99 "$13,858.55" "Sweeney, Colin F" 1 "$61,379.41"
$28.55 $0.00 $0.00 $28.55 $0.00 $28.55 "$1,799.41"$0.00 $0.00 "$1,799.41"
"Gaul, Thomas L & Catherine T" 100 $751.07 "$2,550.48"
"$72,939.55" $149.55 $0.00 $0.00 "Sanner, John C." 2 "$105,489.33" "$1,409.33"
Regular Session, June 4, 2001 181
$0.00 $0.00 "$1,409.33" $0.00 "$1,409.33" said amount shall be paid from the 1% Local
TOTALS: Option Sales Tax Fund and the General Fund.
th
NET PAVING ASSESSMENTS: $127,100.49 Passed, approved and adopted this 4 day of
SIDEWALK ASSESSMENTS: $1,667.60 June, 2001.
DEFICIENCY ASSESSMENTS: $2,611.40 Terrance M. Duggan, Mayor
GROSS ASSESSMENTS: $131,379.48 Attest: Jeanne F. Schneider, City Clerk
WATER SERVICE ASSESS.: $32,640.07 Buol moved adoption of the Resolution.
TOTAL NET ASSESSMENTS: $161,408.15 Seconded by Markham. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0. Adoption of Supplement No. 49 to the Code of
Ordinances: City Manager recommending
Sheridan Road Storm Sewer Reconstruction: adoption of Supplement No. 49 to the Code of
City Manager recommending acceptance of the Ordinances, presented and read. Buol moved
Sheridan Road Storm Sewer Reconstruction that the communication be received and filed.
Project in the final contract amount of Seconded by Markham. Motion carried 7-0.
$116,689.71, presented and read. Buol moved
RESOLUTION NO. 235-01
that the communication be received and filed.
ADOPTING SUPPLEMENT NO. 49 TO THE
Seconded by Markham. Motion carried 7-0.
CODE OF ORDINANCES OF THE CITY OF
RESOLUTION NO. 233-01 DUBUQUE, IOWA
ACCEPTING IMPROVEMENT
Whereas, under date of July 17, 1989, the City
Whereas, the contract for the Sheridan Road Council,, pursuant to Ordinance No. 34-89,
Storm Sewer Reconstruction Project has been readopted the Code of Ordinances of the City of
completed and the City Manager has examined Dubuque, Iowa for ordinances adopted up to
the work and filed his certificate stating that the and including December 19, 1988; and
same has been completed according to the Whereas, since December 19, 1988 the City
terms of the contract, plans and specifications Council of the City of Dubuque, Iowa has
and recommends its acceptance. adopted certain ordinances amending the Code
NOW THEREFORE, BE IT RESOLVED BY of Ordinances and said amendments have been
THE CITY COUNCIL OF THE CITY OF printed as supplements to the Code of
DUBUQUE, IOWA: Ordinances; and
Section 1. That the recommendation of the Whereas, Section 380.8 of the Code of
City Manager be approved and that said Ordinances provides that supplements by
improvement be and the same is hereby resolution, become part of the Code of
accepted. Ordinances.
BE IT FURTHER RESOLVED that the City NOW THEREFORE BE IT RESOLVED BY
Treasurer be and he is hereby directed to pay to THE CITY COUNCIL OF THE CITY OF
the contractor from the Fiscal Year 1999 1% DUBUQUE, IOWA:
Local Option Sales Tax Fund and the Fiscal Section 1. That Supplement No. 49 of the
Year 2000 General Fund in amounts equal to Code of Ordinances of the City of Dubuque,
the amount of this contract, less any retained Iowa, covering Ordinances through Ordinance
percentage provided for therein. No. 20-01 enacted through April 2, 2001 and
th
Passed, approved and adopted this 4 day of prepared by the Sterling Codifiers, Inc, Weiser,
June, 2001. ID hereto filed in the Office of the City Clerk of
Terrance M. Duggan, Mayor the City of Dubuque, Iowa be and is hereby
Attest: Jeanne F. Schneider, City Clerk adopted and becomes part of the Code of
Buol moved adoption of the Resolution. Ordinances of the City of Dubuque, Iowa.
Seconded by Markham. Motion carried 7-0. Passed, approved and adopted this 4th day of
June, 2001.
RESOLUTION NO. 234-01
Terrance M. Duggan, Mayor
FINAL ESTIMATE
Attest: Jeanne F. Schneider, City Clerk
Whereas, the contract for the Sheridan Road Buol moved adoption of the Resolution.
Storm Sewer Reconstruction Project has been Seconded by Markham. Motion carried 7-0.
completed and the City Engineer has submitted
his final estimate showing the cost thereof Contract for Red Light Running Pilot Program:
including the cost of estimates, notices and City Manager recommending approval of a
inspection and all miscellaneous costs; contract with Nestor Traffic Systems of
NOW THEREFORE, BE IT RESOLVED BY Providence, Rhode Island for a Red Light
THE CITY COUNCIL OF THE CITY OF Running Pilot Program, presented and read.
DUBUQUE, IOWA: Buol moved that the communication be received
Section 1. That the cost of said improvement is and filed and recommendation approved.
hereby determined to be $139,472.38 and the Seconded by Markham. Motion carried 7-0.
182 Regular Session, June 4, 2001
2100 JFK Rd
Big 10 Mart Molo Oil Com
Dakota, Minnesota, and Eastern Railroad
9th & Central Ave
Corporation: Communication from the Surface
Big 10 Mart Molo Oil Com
Transportation Board of Washington, DC
1875 JFK Rd
regarding the environmental review process for
Diamond Jo Casino Peninsula Gaming Com
the Dakota, Minnesota, and Eastern Railroad
3rd St Ice Harbor
Corporation proposed Powder River Basin
Diamond Jo Casino Peninsula Gaming Com
Expansion Project, presented and read. Buol
400 E 3rd St
moved that the communication be received and
Dubuque Discount Gas
filed. Seconded by Markham. Motion carried 7-0.
Dubuque Discount Gas Inc. 2175 Central Ave
Dubuque Golf & Country Club Dubuque Golf &
National Fire Protection Association
Country Club 1800 Randall Pl
Standards: City Manager recommending that the
Dubuque Mining Com Apartments Ltd Corp
City encourage the National Fire Protection
555 JFK Rd
Association Standards Council to reject
Galaxies Dennis/Linda Murray
Standard 1710 in its entirety, presented and
3203 Jackson St
Hoffman House Restaurant WCB Hotels
read. Buol moved that the communication be
3100 Dodge St
received and filed and approved
IOCO Speede Shoppe Iowa Oil Com
recommendation. Seconded by Markham.
3200 Central Ave
Motion carried 7-0.
IOCO Speede Shoppe Iowa Oil Com
2335 University Av
McAninch Corporation v. City of Dubuque:
ICO Speede Shoppe Iowa Oil Com
Corporation Counsel advising that agreement
2150 Twin Valley Dr
has been reached with the McAninch
IOCO Speede Shoppe Iowa Oil Com
Corporation to resolve the pending lawsuit
3270 Dodge St
against the City of Dubuque within the
IOCO Speede Shoppe Iowa Oil Com
guidelines established by the City Council,
1998 Jackson St
presented and read. Buol moved that the
K-Mart # 4018 K-Mart Corp
communication be received and filed. Seconded
2600 Dodge St
by Markham. Motion carried 7-0.
Liquor Depot of Dubuque Express Depot Inc.
1620 JFK Rd
iPCS Wireless, Inc. v. Zoning Board of
Murphs South End Tap Pamela Murphy
=
55 Locust St
Adjustment: Corporation Counsel advising that
Puff n Snuff Molo Oil Com
the City has prevailed on a motion to dismiss the
2013 Central Ave
certiorari proceeding against the Zoning Board
Sids Beverage Store Beverly R Miller
=
of Adjustment, presented and read. Buol moved
2727 Dodge St
that the communication be received and filed.
Ten Pin Tap Dolores Weber
Seconded by Markham. Motion carried 7-0.
601 Rhomberg Ave
West Locust Mart Lee W. Potter Sr
Business License Refund: Request of Tim
408 W Locust St
Martin, Riverside Bowl, Inc. for a beer and liquor
White House Tavern David Hoffman
license refund in the amount of $422.50,
450 W Locust St
presented and read. Buol moved that the
Whiskey River Chad Streff
communication be received and filed and
1064 University Ave
approved request. Seconded by Markham.
Passed, approved and adopted this 4th day of
Motion carried 7-0.
June ,2001.
Terrance M. Duggan, Mayor
Business Licenses:
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
RESOLUTION NO. 236-01
Seconded by Markham. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 237-01
DUBUQUE, IOWA:
Whereas, applications for Beer Permits have
That the following having complied with the
been submitted and filed to this Council for
provisions of law relating to the sale of
approval and the same have been examined
Cigarettes within the City of Dubuque, Iowa, be
and approved; and
granted a permit to sell Cigarettes and Cigarette
Whereas, the premises to be occupied by such
Papers within said City.
applicants were inspected and found to comply
24 RENEWALS
with the Ordinances of this City and have filed
A & B Tap Mul Inc
proper bonds
2600 Central Ave
Big 10 Mart Molo Oil Com
Regular Session, June 4, 2001 183
NOW, THEREFORE, BE IT RESOLVED BY PUBLIC HEARINGS
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Michalski moved to suspend the rules to allow
That the Manager be authorized to cause to be anyone present to address the Council if they so
issued the following named applicants a Beer desire.Seconded by Robbins. Motion carried 7-
Permit. 0.
CLASS B BEER PERMIT
A@
Prospect Pizza Ltd Pizza Hut # 1+
Algona Street Reconstruction – Award: Proofs
(Sunday Sale) 2075 JFK Rd
of publication on notice of hearing on plans and
Prospect Pizza Ltd Pizza Hut +
specifications, notice to property owners, and
(Sunday Sale) 320 E. 20th Ave
notice to bidders on the receipt of bids and City
CLASS C BEER PERMIT
A@
Manager recommending award of the contract
Hy-Vee Inc. Hy-Vee Food Store #1+
for the Algona Street Reconstruction Project to
(Sunday Sale) 3500 Dodge St
.,
Horsfield Construction, Incin the amount of
Passed, approved and adopted this 4th day of
$553,669.60,presented and read. Markham
June, 2001
moved that the proofs and communication be
Terrance M. Duggan, Mayor
received and filed. Seconded by Buol. Motion
Attest: Jeanne F. Schneider, City Clerk
carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Communication of Joseph A. Collins, 2120
Grace St., objecting to a specific of the project,
RESOLUTION NO. 238-01
presented and read. Markham moved that the
Whereas, applications for Liquor Licenses
communication be received and filed. Seconded
have been submitted to this Council for approval
by Buol. Motion carried 7-0.
and the same have been examined and
approved; and
RESOLUTION NO. 239-01
Whereas, the premises to be occupied by such
RESOLUTION ADOPTING PLANS
applicants were inspected and found to comply
AND SPECIFICATIONS
with the State Laws and all City Ordinances
nd
Whereas, on the 2 day of May, 2001, plans,
relevant thereto and they have filed proper
specifications, form of contract and estimated
bonds.
cost were filed with the City Clerk of Dubuque,
NOW, THEREFORE, BE IT RESOLVED BY
Iowa for the Algona Street Reconstruction Fund.
THE CITY COUNCIL OF THE CITY OF
Whereas, notice of hearing on plans,
DUBUQUE, IOWA:
specifications, form of contract, and estimated
That the Manager be authorized to cause to be
cost was published as required by law.
issued the following named applicants a Liquor
NOW THEREFORE, BE IT RESOLVED BY
License.
THE CITY COUNCIL OF THE CITY OF
CLASSC BEER/LIQUOR LICENSE
@@
DUBUQUE, IOWA:
Creslanes Bowling Inc Creslanes Bowling+
That the said plans, specifications, form of
(Sunday Sale) 255 S Main St
contract and estimated cost are hereby
Pam Murphy Murphs South End Tap
approved as the plans, specifications, form of
55 Locust St
contract and estimated cost for said
CLASS B(WB) WINE PERMIT
A
improvements for said project.
Hy-Vee Inc Hy-Vee Food Store # 1
th
Passed, adopted and approved this 4 day of
3500 Dodge St
June, 2001.
Passed, approved and adopted this 4th day of
Terrance M. Duggan, Mayor
June, 2001.
Attest: Jeanne F. Schneider, City Clerk
Terrance M. Duggan, Mayor
Markham moved adoption of the Resolution.
Attest: Jeanne F. Schneider, City Clerk
Seconded by Buol. Motion carried 7-0.
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 240-01
AWARDING CONTRACT
Whereas, sealed proposals have been
BOARDS/COMMISSIONS
submitted by contractors for the Algona Street
Reconstruction Project pursuant to Resolution
Interviews for the following Boards /
No. 197-01 and notice to bidders published in a
Commissions:
newspaper published in the City of Dubuque,
CIVIC CENTER COMMISSION (3 terms which
th
Iowa on the 11 day of May, 2001.
expire 6/29/04): Rod Bakke, Michael P.
Whereas, said sealed proposals were opened
Brannon, Mark M. Nauman, Steve Sesterhenn.
th
and read on the 24 day of May, 2001, and it
Mr. Bakke and Mr. Nauman both spoke
has been determined that the bid of Horsfield
requesting consideration for appointment.
184 Regular Session, June 4, 2001
th
Construction, Inc. of Epworth, Iowa, in the Passed, adopted and approved this 4 day of
amount of $553,669.60 was the lowest bid for June, 2001.
the furnishings of all labor and materials and Terrance M. Duggan, Mayor
performing the work as provided for in the plans Attest: Jeanne F. Schneider, City Clerk
and specifications. Markham moved adoption of the Resolution.
NOW THEREFORE, BE IT RESOLVED BY Seconded by Buol. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Center Grove Storm Sewer Project – Award :
That the contract for the above improvement Proofs of publication on notice of hearing on
be awarded to Horsfield Construction, Inc. and plans and specifications and notice to bidders on
the Manager be and is hereby directed to the receipt of bids and City Manager
execute a contract on behalf of the City of recommending award of the contract for the
Dubuque for the complete performance of the Center Grove Storm Sewer Project to Horsfield
work. Construction, Inc., in the amount of $73,854.88,
BE IT FURTHER RESOLVED: presented and read. Robbins moved that the
That upon the signing of said contract and the proofs and communication be received and filed.
approval of the contractor's bond, the City Seconded by Nicholson. Motion carried 7-0.
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
RESOLUTION NO. 242-01
th
Passed, approved and adopted this 4 day of
RESOLUTION ADOPTING PLANS
June, 2001.
AND SPECIFICATIONS
nd
Terrance M. Duggan, Mayor
Whereas, on the 2 day of May, 2001, plans,
Attest: Jeanne F. Schneider, City Clerk
specifications, form of contract and estimated
Markham moved adoption of the Resolution.
cost were filed with the City Clerk of Dubuque,
Seconded by Buol. Motion carried 7-0.
Iowa for the Center Grove Storm Sewer Project.
Whereas, notice of hearing on plans,
RESOLUTION NO. 241-01
specifications, form of contract, and estimated
RESOLUTION WITH RESPECT TO THE
cost was published as required by law.
ADOPTION OF THE RESOLUTION OF
NOW THEREFORE, BE IT RESOLVED BY
NECESSITY PROPOSED FOR THE ALGONA
THE CITY COUNCIL OF THE CITY OF
STREET RECONSTRUCTION PROJECT
DUBUQUE, IOWA:
Whereas, the City Council has proposed a
That the said plans, specifications, form of
Resolution of Necessity for the Algona Street
contract and estimated cost are hereby
Reconstruction Project, has given notice of the
approved as the plans, specifications, form of
public hearing thereon as required by law; and
contract and estimated cost for said
Whereas, the public hearing has been held, all
improvements for said project.
th
persons offering objections have been heard
Passed, adopted and approved this 4 day of
and consideration given to all objections and is
June, 2001.
pending before this Council; and
Terrance M. Duggan, Mayor
Whereas, this is the time and place set as
Attest: Jeanne F. Schneider, City Clerk
provided for the taking of action on the proposed
Robbins moved adoption of the Resolution.
Resolution of Necessity.
Seconded by Nicholson. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 243-01
DUBUQUE, IOWA:
AWARDING CONTRACT
That the proposed Resolution of Necessity
Whereas, sealed proposals have been
described above is hereby:
submitted by contractors for the Center Grove
X Adopted, without amendment, and all
Storm Sewer Project pursuant to Resolution No.
objections filed or made having been
188-01 and notice to bidders published in a
dully considered are overruled.
newspaper published in the City of Dubuque,
Adopted as amended by the Schedule of
Iowa on the 11th day of May, 2001.
Assessments attached hereto as Exhibit A, and
Whereas, said sealed proposals were opened
made a part hereof by reference. All objections
and read on the 22nd day of May, 2001, and it
filed or made having been duly considered are
has been determined that the bid of Horsfield
overruled.
Construction of Epworth, Iowa, in the amount of
Deferred for later consideration to a City Council
$73,854.88 was the lowest bid for the
meeting to be held on the ___day of , , next at
furnishings of all labor and materials and
6:30 p.m. in , with jurisdiction retained for further
performing the work as provided for in the plans
consideration and action at the adjourned
and specifications.
meeting.
Abandoned.
Regular Session, June 4, 2001 185
NOW THEREFORE, BE IT RESOLVED BY Resolution No. 191-01 and notice to bidders
THE CITY COUNCIL OF THE CITY OF published in a newspaper published in the City
DUBUQUE, IOWA: of Dubuque, Iowa on the 11th day of May, 2001.
That the contract for the above improvement Whereas, said sealed proposals were opened
be awarded to Horsfield Construction and the and read on the 22nd day of May, 2001, and it
Manager be and is hereby directed to execute a has been determined that the bid of Portzen
contract on behalf of the City of Dubuque for the Construction of Dubuque, Iowa, in the amount of
complete performance of the work. $158,222.33 was the lowest bid for the
BE IT FURTHER RESOLVED: furnishings of all labor and materials and
That upon the signing of said contract and the performing the work as provided for in the plans
approval of the contractor's bond, the City and specifications.
Treasurer is authorized and instructed to return NOW THEREFORE, BE IT RESOLVED BY
the bid deposits of the unsuccessful bidders. THE CITY COUNCIL OF THE CITY OF
th
Passed, approved and adopted this 4 day of DUBUQUE, IOWA:
June, 2001. That the contract for the above improvement
Terrance M. Duggan, Mayor be awarded to Portzen Construction and the
Attest: Jeanne F. Schneider, City Clerk Manager be and is hereby directed to execute a
Robbins moved adoption of the Resolution. contract on behalf of the City of Dubuque for the
Seconded by Nicholson. Motion carried 7-0. complete performance of the work.
BE IT FURTHER RESOLVED:
Jackson Street Relief Storm Sewer Project – That upon the signing of said contract and the
Award : Proofs of publication on notice of approval of the contractor's bond, the City
hearing on plans and specifications and notice Treasurer is authorized and instructed to return
to bidders on the receipt of bids and City the bid deposits of the unsuccessful bidders.
th
Manager recommending award of the Jackson Passed, approved and adopted this 4 day of
Street Relief Storm Sewer Project to Portzen June, 2001.
Construction in the amount of $158,222.33, Terrance M. Duggan, Mayor
presented and read. Markham moved that the Attest: Jeanne F. Schneider, City Clerk
proof and communication be received and filed. Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 244-01
Markham moved to reinstate the rule limiting
RESOLUTION ADOPTING PLANS
discussion to Council.Seconded by Michalski.
AND SPECIFICATIONS
Motion carried 7-0.
nd
Whereas, on the 2 day of May, 2001, plans,
specifications, form of contract and estimated
ACTION ITEMS
cost were filed with the City Clerk of Dubuque,
Iowa for the Jackson Street Relief Storm Sewer
Raven Oaks Senior Apartments - Affordable
Project.
Housing Tax Credit Program Application (Tabled
Whereas, notice of hearing on plans,
at Council Meeting of May 21, 2001), presented
specifications, form of contract, and estimated
and read. Nicholson moved to remove this item
cost was published as required by law.
from the table. Seconded by Robbins. Motion
NOW THEREFORE, BE IT RESOLVED BY
carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of Communication of Brian D. Brooks, Star
Development, LLC, requesting that the City
contract and estimated cost are hereby
support their Affordable Housing Tax Credit
approved as the plans, specifications, form of
Program Application to the Iowa Finance
contract and estimated cost for said
Authority and further advising that the one
improvements for said project.
th
percent local contribution ($42,000) has been
Passed, adopted and approved this 4 day of
June, 2001. obtained from other sources and communication
Terrance M. Duggan, Mayor from Thomas J. Mueller in opposition to the City
Attest: Jeanne F. Schneider, City Clerk providing financial assistance for this project,
presented and read. Michalski moved that the
Markham moved adoption of the Resolution.
communications be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 245-01
RESOLUTION NO. 246-01
AWARDING CONTRACT
A RESOLUTION OF SUPPORT FOR THE
Whereas, sealed proposals have been
DEVELOPMENT OF AN AFFORDABLE
submitted by contractors for the Jackson Street
Relief Storm Sewer Project pursuant to
186 Regular Session, June 4, 2001
HOUSING PROJECT TO BE KNOWN AS
Wellness Monitoring Clinic
RAVEN OAKS SENIOR APARTMENTS
Optional Meal Program
WHEREAS, the City of Dubuque, Iowa has Optional Housekeeping
been informed by Star Development L.L.C., a Planned Social & Recreational Activities
Delaware Limited Liability Company ("Star") that NOW, THEREFORE, BE IT RESOLVED BY
a low income housing tax credit application will THE CITY COUNCIL OF THE CITY OF
be filed with the Iowa Finance Authority for the DUBUQUE, IOWA:
development of a sixty-two (62) unit senior Section 1.The City supports the application of
mixed affordable and market rate rental housing Raven Oaks Senior Apartments for Low-Income
project to be known as the Raven Oaks Senior Housing Tax Credits, subject to necessary
Apartments ("Raven Oaks") to be located on public hearings, ordinances and building
approximately 7.7 acres at Raven Oaks and permits.
.
Crissy Drives, Dubuque, Iowa ("Property"); Section 2This resolution shall remain
,
WHEREASthe Property is legally described effective until 1 November 2001. In the event
as follows: that any of the above-listed characteristics of
Lots 1, 2, 3, 4, 5 and 6 of Block 1; Lots 1, 2, 3, Raven Oaks should materially change prior to
4, 5 and 6 Block 2; Lots 1, 2, 3, 4, 5 and 6 of the issuance of a building permit, this resolution
Block 3; Lots 1, 2, 3, 4, 5 and 6 of Block 4; Lots shall be null and void.
1, 2, 3, 4, 5 and 6 of Block 5; Lots 1, 2, 3, 4, 5 Passed, approved and adopted this 4th day of
and 6 of Block 6; Lots 1, 2, 3, 4, 5, and 6 of June, 2001.
Block 7; all in "Oak Brook Townhouses" in the Terrance M. Duggan, Mayor
City of Dubuque, Iowa, according to the Attest: Jeanne F. Schneider, City Clerk
recorded Plat thereof, and Michalski moved adoption of the Resolution.
Lots 7, 7a, 8, 8a, 9, 10, 10a, 11, 12, 13, 14 and Seconded by Nicholson. Motion carried 7-0.
Lot 1 of Lot 15 in "Oakbrook Development" in
the City of Dubuque, Iowa, according to the Community Housing Initiative - Affordable
recorded Plat thereof consisting of Housing Tax Credit Program Application (Tabled
approximately 7.7 acres located in Dubuque at Council Meeting of May 21, 2001), presented
County, Dubuque, Iowa. and read. Michalski moved to remove this item
,
WHEREASRaven Oaks will be a three story from the table. Seconded by Nicholson. Motion
brick and sided building containing a combined carried 7-0.
total of 62 one-bedroom and two-bedroom units,
including a full time manager's unit; Community Housing Initiative requesting that
,
WHEREASRaven Oaks units will be targeted the City support their Affordable Housing Tax
to older adults 55 years of age and older; Credit Program Application to the Iowa Finance
,
WHEREASRaven Oaks will be a new Authority with a local contributing effort of
construction project built on a vacant parcel of $26,000 and communication from Thomas J.
land; Mueller in opposition to the City providing
,
WHEREASRaven Oaks will have the financial assistance for this project, presented
following amenities: and read. Michalski moved that the
Community Room with Kitchen Facilities communications be received and filed.
Library/Computer Room Seconded by Nicholson. Motion carried 7-0.
Sitting Area
Underground Parking
RESOLUTION NO. 247-01
Heat Included in Rent
A RESOLUTION OF SUPPORT FOR THE
Air Conditioning
DEVELOPMENT OF AN AFFORDABLE
Appliances Included (Range, Refrigerator,
USING PROJECT TO BE KNOWN AS RIVER
Dishwasher, Disposal)
OAKS SENIOR APARTMENTS
Additional Storage Space
WHEREAS, the City of Dubuque, Iowa has
Laundry Facilities on Every Floor
been informed by Community Housing Initiatives
Patios or Balconies
Inc that a low income housing tax credit
Fitness Center
application will be filed with the Iowa Finance
Craft Room
Authority for the development of a twenty-eight
Movie Room
(28) unit senior affordable rental housing project
Outdoor Patio with Gazebo, Furniture and
to be known as the River Oaks Senior
Grill(s)
Apartments ("River Oaks") to be located on
Vegetable Garden Plots
approximately 2 acres at the Medical Associates
Space Available for a local financial institution
campus in Dubuque, Iowa ("Property");
Space Available for a local beauty shop
,
WHEREASthe Property is legally described
operator
as follows:
Emergency Call System
24-Hour Security
Regular Session, June 4, 2001 187
AMERICAN TRUST AND SAVINGS BANK
Up to 2 acres of the North-east corner of Lot
AND ASSIGNMENTS OF THE AMENDED
Ten (10), Medical Associates, Subdivision
DEVELOPMENT AGREEMENT, LEASE
Number Two (2), in the City of Dubuque, County
AGREEMENT AND PARKING USE AGREE-
of Dubuque, Iowa, according to the recorded
MENT BY PLATINUM HOLDINGS, L.L.C. TO
Plat thereof.
AMERICAN TRUST AND SAVINGS BANK
WHEREAS,River Oaks units will be targeted
to older adults 55 years of age and older; Whereas, the City of Dubuque (City) has
WHEREAS,River Oaks will be a new entered into an Amended Development
construction project built on a vacant parcel of Agreement, Lease Agreement and Parking Use
land; Agreement with Platinum Holdings, L.L.C.
WHEREAS,River Oaks will have the following (Platinum) for the development of certain
amenities: property owned by City (the Property) for a hotel
Community Room and water park;
In-unit Washer and Dryer And Whereas, Platinum has requested that
Basement Stall Parking City consent to a mortgage of the Property in
Heat Included in Rent favor of American Trust and Savings Bank (the
Air Conditioning Bank) and that City subordinate its interests in
Appliances Included (Range, Refrigerator, the Property to the mortgage, a copy of which
Dishwasher, Disposal) Consent and Subordination to Mortgage is
Patio/Balcony attached hereto;
Security System And Whereas, Plaintiff has further requested
Optional Supportive Services (monthly that City consent to the assignment of the
wellness checks, noon meals, transportation Development Agreement, Lease Agreement and
coordination, home health referral) Parking Use Agreement by Plaintiff to the Bank
NOW, THEREFORE, BE IT RESOLVED BY as security for Bank’s loans to Platinum, copies
THE CITY COUNCIL OF THE CITY OF of which Assignments are attached hereto;
DUBUQUE, IOWA: And Whereas, Plaintiff has further requested
Section 1.The City supports the application of that City consent to the assignment of the
River Oaks Senior Apartments for Low-Income Development Agreement, Lease Agreement and
Housing Tax Credits, subject to necessary Parking Use Agreement by Plaintiff to the Bank
public hearings, ordinances and building as security for Bank’s loans to Platinum, copies
permits. of which assignments are attached hereto;
Section 2.This resolution shall remain And Whereas, the City Council finds that it is in
effective until 1 November 2001. In the event the best interests of the City to approve
that any of the above-listed characteristics of Platinum’s request.
NOW, THEREFORE, BE IT RESOLVED BY
River Oaks should materially change prior to the
issuance of a building permit, this resolution
THE CITY COUNCIL OF THE CITY OF
shall be null and void.
DUBUQUE, IOWA:
Passed, approved and adopted this 4th day of
1. The Consent and Subordination to
June, 2001.
Mortgage, Assignment of Amendment
Terrance M. Duggan, Mayor
Development Agreement, Assignment of Lease
Attest: Jeanne F. Schneider, City Clerk
Agreement, and Assignment of Parking Use
Michalski moved adoption of the Resolution.
Agreement, attached hereto, are hereby
Seconded by Nicholson. Motion carried 7-0.
approved.
2. The Mayor Pro Tem is hereby authorized
Mayor Duggan turned control of the Meeting to
and directed to execute the documents on
behalf of the City.
Mayor Pro-Tem Robbins due to potential conflict
th
Passed, approved and adopted this 4 day of
of interest and left the Chambers.
June, 2001.
Joseph T. Robbins, Mayor Pro-Tem
Platinum Holdings, L.L.C.: City Manager
Attest: Jeanne F. Schneider, City Clerk
recommending approval of a consent and
Michalski moved adoption of the Resolution.
subordination to mortgage agreement for
Seconded by Cline. Motion carried 6-0.
Platinum Holdings, L.L.C., presented and read.
Michalski moved that the communication be
The closing on the land lease took place
received and filed. Seconded by Cline. Motion
immediately after the vote on this item.
carried 6-0.
Mayor Duggan returned to the Chambers and
RESOLUTION NO. 248-01
took control of the meeting.
APPROVING A CONSENT AND SUBORDINA-
TION TO MORTGAGE AGREE-MENT FOR
PLATINUM HOLDINGS, L.L.C. IN FAVOR OF
188 Regular Session, June 4, 2001
Mississippi River Conference and Education construction drawings for the opening of Main
thth
Center: City Manager recommending approval Street from 5 to 9 Street.
of HOK Venue as the architectural firm for the Whereas, said sealed proposals were opened
proposed Mississippi River Conference and and read on the preparation of construction
th
Education Center, presented and read. Robbins drawings for the opening of Main Street from 5
th
moved that the communication be received and to 9 Street and it has been determined that the
filed. Seconded by Nicholson. Motion carried 7-bid of The Durrant Group of Dubuque, Iowa, in
0. the maximum amount of $221,000 was the
lowest bid for the furnishings of all labor and
materials and performing the work as provided
RESOLUTION NO. 249-01
for in the plans and specifications.
A RESOLUTION APPROVING THE SELEC-
NOW THEREFORE, BE IT RESOLVED BY
TION OF A CONSULTANT TO PROVIDE
THE CITY COUNCIL OF THE CITY OF
ARCHITECTURAL AND ENGINEERING
DUBUQUE, IOWA:
SERVICES AND AUTHORIZING THE CITY
That the contract for the above improvement
MANAGER TO EXECUTE AN APPROPRIATE
be awarded to The Durrant Group and the
CONTRACT FOR SAID SERVICES.
Manager be and is hereby directed to execute a
Whereas, the City of Dubuque, Iowa has made
contract on behalf of the City of Dubuque for the
a commitment to the America’s River Project to
complete performance of the work.
design and construct a conference and
BE IT FURTHER RESOLVED:
education center; and
That upon the signing of said contract and the
Whereas, a Request for Proposals solicited
approval of the contractor's bond, the City
consultant services to provide architectural and
Treasurer is authorized and instructed to return
engineering services for the design of a
the bid deposits of the unsuccessful bidders.
conference and education center; and
th
Passed, approved and adopted this 4 day of
Whereas, HOK Venue is recommended to
June, 2001.
complete the design project.
Terrance M. Duggan, Mayor
NOW, THEREFORE, BE IT RESOLVED BY
Attest: Jeanne F. Schneider, City Clerk
THE CITY COUNCIL OF THE CITY OF
Buol moved adoption of the Resolution.
DUBUQUE, IOWA:
Seconded by Nicholson. Carried by the following
Section 1. That the selection of HOK Venue as
vote: Yeas—Cline, Duggan, Markham,
the consultant to provide architectural and
Michalski, Nicholson, Buol. Nays—Robbins.
engineering services for the design of a
conference and education center for the City of
Toughman Contests – Five Flags: City
Dubuque is hereby approved.
Manager submitting a communication from
Section 2. That the City Manager is hereby
Leisure Services Manager Gil Spence which
authorized to execute, on behalf of the City
provides background information on Toughman
Council of the City of Dubuque, Iowa, a contract
Contests at the Five Flags Center and
with HOK Venue for consultant services not to
communication from Lydia Robertson, Market
exceed $1,510,000.00.
Coordinator for AdoreAble Promotions
th
Passed, approved and adopted this 4 day of
requesting that this item be held until the June
June, 2001.
18, 2001 Council meeting, presented and read.
Terrance M. Duggan, Mayor
Buol moved that the communications be
Attest: Jeanne F. Schneider, City Clerk
received and filed and this matter be placed on
Robbins moved adoption of the Resolution.
the agenda for the next Council Meeting.
Seconded by Nicholson. Motion carried 7-0.
Seconded by Cline. Motion carried 7-0.
Town Clock Plaza: City Manager
Julien Dubuque/Highway 20 Bridge:
recommending award of the engineering
contract for the opening of Town Clock Plaza
RESOLUTION NO. 251-01
from Fifth to Ninth Streets to the Durrant Group,
Whereas, Iowa Department of Transportation
Inc., presented and read. Buol moved that the
highway projects are vitally important to the
communication be received and filed. Seconded
development of Dubuque and in particular
by Nicholson. Carried by the following vote:
transportation on U.S. 20 easterly from Rockford
Yeas—Cline, Duggan, Markham, Michalski,
and Chicago, in terms of an improved four-lane
Nicholson, Buol. Nays—Robbins.
facility; and
Whereas, Highway 61, Highway 151, Highway
RESOLUTION NO. 250-01
20 and Highway 52 all converge to cross over
AWARDING CONTRACT
into Illinois at the Julien Dubuque Bridge; and
Whereas, sealed proposals have been
Whereas, the existing U.S. 20 Julien Dubuque
submitted by contractors for the preparation of
Bridge is near its capacity today and is forecast
Regular Session, June 4, 2001 189
to be far in excess of capacity in the City’s 2020 NOW THEREFORE, BE IT RESOLVED BY
transportation plan; and THE CITY COUNCIL OF THE CITY OF
Whereas, the Honorable Representative Jim DUBUQUE, IOWA:
Nussle has successfully obtained $28 million in That the proposed plans, specifications, form
federal funding to construct an additional two of contract and estimated cost for the 2001
lanes and the State of Iowa and the State of Asphalt Paving Project (FY2002), in the
Illinois have committed the required match; and estimated amount of $1,872,070.77, are hereby
Whereas, the Dubuque Metropolitan Area approved and ordered filed in the office of the
Transportation Study has made 4-laning the City Clerk for public inspection.
th
bridge one of their priority projects. Passed, adopted and approved this 4 day of
NOW, THEREFORE, BE IT RESOLVED BY
June, 2001.
Terrance M. Duggan, Mayor
THE CITY COUNCIL OF THE CITY OF
Attest: Jeanne F. Schneider, City Clerk
DUBUQUE, IOWA:
Buol moved adoption of the Resolution.
Section 1. That the City Council of the City of
Seconded by Nicholson. Motion carried 7-0.
Dubuque strongly supports the development of
an additional two-lane bridge for U.S. 20 across
the Mississippi River and commits itself to work RESOLUTION NO. 253-01
aggressively with Iowa’s congressional
FIXING DATE OF HEARING
delegation and the Iowa and Illinois
ON PLANS AND SPECIFICATIONS
Departments of Transportation toward the
Whereas, the City Council of the City of
additional funding for the bridge.
Dubuque, Iowa has given its preliminary
th
Passed, approved and adopted this 4 day of
approval on the proposed plans, specifications,
June, 2001.
and form of contract and placed same on file in
Terrance M. Duggan, Mayor
the office of the City Clerk for public inspection
Attest: Jeanne F. Schneider, City Clerk
of the 2001 Asphalt Paving Project (FY2002).
Michalski moved adoption of the Resolution.
NOW THEREFORE, BE IT RESOLVED BY
Seconded by Cline. Motion carried 7-0.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
th
That on the 16 day of July, 2001, a public
Communication from Representative Jim
hearing will be held at 6:30 p.m. in the Public
Nussle regarding his meeting with Iowa
Library Auditorium at which time interested
Department of Transportation officials on the
persons may appear and be heard for or against
Highway 20 Julien Dubuque Bridge issue and
the proposed plans and specifications, form of
communication from the Dubuque Area
contract and cost of said improvement, and the
Chamber of Commerce to Governor Vilsack in
City Clerk be and is hereby directed to cause a
support of the Highway 20 Bridge, presented
notice of time and place of such hearing to be
and read. Michalski moved that the
published in a newspaper having general
communications be received and filed.
circulation in the City of Dubuque, Iowa, which
Seconded by Cline. Motion carried 7-0
notice shall be not less than four days nor more
than forty-five days prior to the day fixed for its
River’s Edge Plaza Pavilion: City Manager
consideration. At the hearing, any interested
requesting direction on final design of the
person may appear and file objections to the
pavilion for the River’s Edge Plaza, presented
proposed plans, specifications, contract, or
and read. Nicholson moved to receive and file
estimated cost of the improvement.
the communication and that they leave the
th
Passed, adopted and approved this 4 day of
pavilion at the original 50 foot diameter.
June, 2001.
Seconded by Robbins. Motion carried 7-0.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
2001 Asphalt Paving Project – Initiate: City
Manager recommending initiation of the bidding
RESOLUTION NO. 254-01
process for the 2001 Asphalt Paving Project and
ORDERING BIDS
that a public hearing be set for July 16, 2001,
presented and read. Buol moved that the
NOW THEREFORE, BE IT RESOLVED BY
communication be received and filed. Seconded
THE COUNCIL OF THE CITY OF DUBUQUE,
by Nicholson. Motion carried 7-0.
IOWA:
That the 2001 Asphalt Paving Project
RESOLUTION NO. 252-01
(FY2002) is hereby ordered to be advertised for
PRELIMINARY APPROVAL OF
bids for construction.
PLANS AND SPECIFICATIONS
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
190 Regular Session, June 4, 2001
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore Approved:__________________________2001
adopted.
That the City Clerk is hereby directed to Adopted:___________________________2001
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the ______________________________________
City of Dubuque, Iowa, which notice shall not be Mayor
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on ______________________________________
th
the 5 day of July, 2001. Bids shall be opened
and read by the City Clerk at said time and will ______________________________________
be submitted to the Council for final action at
th
6:30 p.m. on the 16 day of July, 2001. ______________________________________
th
Passed, adopted and approved this 4 day of
June, 2001. ______________________________________
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk ______________________________________
Buol moved adoption of the Resolution.
______________________________________
Seconded by Nicholson. Motion carried 7-0.
Council Members
At 7:47 P.M. Michalski moved to go into
Attest:
Closed Session re: Property Acquisition and
Pending Litigation (Iowa Code Chapter 21-
______________________________________
.5(1)(j)(c). Seconded by Nicholson. Motion
City Clerk
carried 7-0.
At 9:07 P.M. Council reconvened Regular
Session with statement that Staff had been
given proper direction.
There being no further business, Cline moved
to adjourn. Seconded by Buol. Motion carried 7-
0. The meeting adjourned at 9:08 P.M.
/s/ Jeanne F. Schneider
City Clerk
1t 6/13
Regular Session, June 4, 2001 191
Special Session, June 13, 2001 191
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, June 13, 2001
Council met at 5:11 p.m., City Hall Conference
Approved:__________________________2001
Room B
Present: Mayor Duggan, Council Members
Adopted:___________________________2001
Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen
______________________________________
Mayor Duggan read the call and stated this is
Mayor
a Special Session of the City Council called for
______________________________________
the purpose of evaluating the City Manager.
______________________________________
Michalski moved to go into Closed Session in
accordance with Ch. 21.5 1(i) 2001 Code of
______________________________________
Iowa, to evaluate the professional competency
of an individual whose appointment, hiring,
______________________________________
performance or discharge is being considered
when necessary to prevent needless and or
______________________________________
irreparable injury to that individual’s reputation
and that said individual has requested a Closed
______________________________________
Council Members
Session. Seconded by Buol. Motion carried 7-0.
Attest:
City Manager Van Milligen left the Closed
Session at 5:50 P.M.
______________________________________
City Clerk
Council reconvened in the Special Session at
6:05 P.M. indicating the evaluation had been
completed and the results would be part of a
future Council meeting.
There being no further business, Michalski
moved to adjourn. Seconded by Buol. Motion
carried 7-0. The meeting adjourned at 6:06 p.m.
/s/ Jeanne F. Schneider
City Clerk
1t 6/21
192 Regular Session, June 18, 2001
DUBUQUE
for vehicle damage; Donald and Linda Root for
property damage, presented and read. Buol
CITY COUNCIL
moved that the communications be received and
OFFICIAL
filed and concurred. Seconded by Markham.
PROCEEDINGS
Motion carried 7-0.
City Council, Regular Session, June 18, 2001
Corporation Counsel recommending
Council met in Regular Session at 6:30 P.M. in
settlement of the claim of Jonathan Denham for
the Library Auditorium
moped towing in the amount of $39.75 and the
claim of Chad Weydert for vehicle damage in the
Present: Mayor Duggan, Council Members
amount of $252.63, and that the Finance
Buol, Cline, Markham, Michalski, Nicholson,
Director be directed to issue payment, presented
Robbins, City Manager Michael Van Milligen,
and read. Buol moved that the communication
Corporation Counsel Barry Lindahl.
be received and filed and approved
recommendation. Seconded by Markham.
Mayor Duggan read the call and stated this is
Motion carried 7-0.
the regular session of the City Council called for
the purpose of acting upon such business which
Corporation Counsel recommending denial of
may properly come before the City Council.
the claims of Bill Miller for property damage and
David Ludovissy for property damage, presented
Invocation was given by Reverend Andrew
and read. Buol moved that the communications
Eagan, Pastor, St. Thomas of Canterbury
be received and filed and concurred. Seconded
Anglican Church
by Markham. Motion carried 7-0.
CONSENT ITEMS
Corporation Counsel recommending that the
claim of Kathy Kahle be administratively closed
Minutes Submitted: Airport Commission of 6/7;
and forwarded to Horsfield Construction,
Civil Service of 5/11; Library Board of 4/25;
presented and read. Buol moved that the
Zoning Board of Adjustment of 5/24, presented
communications be received and filed and
and read. Buol moved that the minutes be
concurred. Seconded by Markham. Motion
received and filed. Seconded by Markham.
carried 7-0.
Motion carried 7-0.
Citizen Communications: Communication of
Proof of publication of List of Claims and
Herb Van Zile regarding the new Dubuque/East
Summary of Revenues for month ending April
Dubuque bridge, presented and read. Buol
30, 2001; Proof of publication of Council
moved that the communication be received and
Proceedings of May 7 and May 21, 2001,
filed and referred to the City Manager.
presented and read. Buol moved that the proofs
Seconded by Markham. Motion carried 7-0.
be received and filed. Seconded by Markham.
Motion carried 7-0.
Communication of Dennis Schmitt, Dubuque
Community Church, requesting that the Key
Stone stub street at the intersection of Key Way
Finance Director Kenneth J. TeKippe
and Key Stone be vacated, presented and read.
submitting the Financial Reports for the month
Buol moved that the communication be received
ending May 31, 2001,presented and read. Buol
and filed and referred to the City Manager.
moved that the reports be received and filed.
Seconded by Markham. Motion carried 7-0.
Seconded by Markham. Motion carried 7-0.
Bressler Outdoor Advertising: Communication
Notice of Claims/Suits: Roger F.
from Jennifer Sloane, General Counsel for
Hanselmann in estimated amount of $9,900 plus
Bressler Outdoor Advertising, LLC, regarding
tax for property damage; Delmer Scales in
the denial of their request for an off-premise sign
estimated amount of $150 - $200 for property
permit for property located at 44 Main Street,
damage,presented and read. Buol moved that
presented and read. Buol moved that the
the claims and suits be referred to the Legal
communication be referred to the Legal Staff.
Staff for investigation and report. Seconded by
Seconded by Markham. Motion carried 7-0.
Markham. Motion carried 7-0.
Communication of Assistant City Attorney
Corporation Counsel advising that the
James A. O’Brien to Jennifer Sloane, General
following claims have been referred to Public
Counsel for Bressler Outdoor Advertising,
Entity Risk Services of Iowa, the agent for the
regarding their request for an off-premise sign
Iowa Communities Assurance Pool: Roger
permit for 44 Main Street and the appropriate
Hanselmann for property damage; Scott Lovett
appeal process, presented and read. Buol
Regular Session, June 18, 2001 193
moved that the communication be referred to the Respectfully submitted,
Legal Staff. Seconded by Markham. Motion /s/ Loras Kluesner, Chairperson
carried 7-0. /s/ Merle Duehr
Richard Wertzberger
Civil Service Commission: Civil Service Civil Service Commission
Commission submitting the certified lists for the Buol moved that the above Civil Service
positions of Assistant Fire Marshal and Clerk certification be made a matter of record.
Typist: Seconded by Markham. Motion carried 7-0.
June 1, 2001 Collective Bargaining Agreement between the
Honorable Mayor and Members of the City City of Dubuque and the Teamster’s Union,
Council Local #421: City Manager recommending
In accordance with Chapter 400 of the 1999 approval of the Collective Bargaining Agreement
Code of Iowa, an examination for the position of between the City of Dubuque and the
Assistant Fire Marshall was conducted on May Teamster’s Union, Local #421, presented and
2, 2001. We hereby certify that the following read. Buol moved that the communication be
have passed this written examination and the received and filed. Seconded by Markham.
vacancy for this position should be made from Motion carried 7-0.
this list and that this list is good for two (2) years
RESOLUTION NO. 255-01
from above date.
APPROVING THE AGREEMENT BETWEEN
ASSISTANT FIRE MARSHALL
THE CITY OF DUBUQUE, IOWA, AND THE
Jeff Zasada
TEAMSTER’S UNION, LOCAL #421 AND
Respectfully submitted,
AUTHORIZING THE MAYOR TO SIGN THE
/s/ Loras Kluesner, Chairperson
AGREEMENT
/s/ Merle Duehr
/s/ Richard Wertzberger Whereas, the Sixty-Fifth General Assembly
Civil Service Commission adopted the Public Employment Relations Act,
Buol moved that the above Civil Service Chapter 20, Code of Iowa; and
certification be made a matter of record. Whereas, the City of Dubuque is public
Seconded by Markham. Motion carried 7-0. employer within the meaning of Section 3 (1) of
the Public Employment Relations Act; and
June 1, 2001 Whereas, the Teamster’s Union, Local #421 is
Honorable Mayor and Members of the City an employee organization within the meaning of
Council Section 3(4) of the Public Employment Relations
In accordance with Chapter 400 of the 1999 Act; and
Code of Iowa, an examination for the position of Whereas, the Teamster’s Union, Local #421,
Clerk Typist was given on May 17, 2001. We submitted a request to bargain collectively on
hereby certify that the following have passed this behalf of the employees within its
written examination and the vacancy for this representation; and
position should be made from this list and that Whereas, bargaining between the parties has
this list is good for two (2) years from above occurred and an agreement has been
date. concluded.
NOW, THEREFORE, BE IT RESOLVED BY
Thomas F. Meyer Stacey L. Beighle
Rose T. Hoerner Charity A. Beeth
THE CITY COUNCIL OF THE CITY OF
Susan C. Dix Laura A. Mickelson
DUBUQUE, IOWA:
Tara Odefey Anita M. Arensdorf
Section 1. That the terms of the agreement be
Colleen K. Gitter Margaret F. Greaves
approved and the Mayor authorized and directed
Kathy M. Andrews Barbara A. Kueper
to sign the collective bargaining agreement.
Teresa A. Behnke Brent A. Moran
th
Passed, approved and adopted this 18 day of
Julie Jackson Shari N. Steward
June, 2001.
Jodi Lukens Renee A. Edminster
Terrance M. Duggan, Mayor
Kristina I. Keck Monica L. Kilgore
Attest: Jeanne F. Schneider, City Clerk
Dianne Glanz Shelley N. Laird
Buol moved adoption of the Resolution.
Michelle Hochrein Pamela Krieg
Seconded by Markham. Motion carried 7-0.
Marlene A. Hammerand Elaine Herrig
Rachel M. Kluck Kelly M. Gansen
Project Concern Minibus Contract: City
Jill N. Mueller Molly D. Heins
Manager recommending an increase in the
Dawn M. Carr Jean M. Noel
Fiscal Year 2001 Purchase of Service
Vickie K. Copeland Susan A. Potter
Agreement with Project Concern for minibus
Tracy M. Roling Dawn M. Laird
service from $195,000 to $213,000, presented
Dianna M. Bergfeld Nancy A. Middleman
and read. Buol moved that the communication
Emily A. Mettel Leslie A. Backes
194 Regular Session, June 18, 2001
be received and filed and approved Passed, approved and adopted this 18th day of
recommendation. Seconded by Markham. June, 2001.
Motion carried 7-0. Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
City Manager Employment Agreement: Buol moved adoption of the Resolution.
Submittal of the Tenth Amendment to the City Seconded by Markham. Motion carried 7-0.
Manager’s Employment Agreement for approval,
presented and read. Buol moved that the Glendale Addition No. 3 – Plat of Survey:
communication be received and filed and Zoning Advisory Commission advising of their
approved recommendation. Seconded by approval of the Plat of Survey for Glendale
Markham. Motion carried 7-0. Addition No. 3 as requested by Randall Klauer,
presented and read. Buol moved that the
Dubuque Thunderbirds Rental Agreement: communication be received and filed. Seconded
City Manager recommending approval of a by Markham. Motion carried 7-0.
rental agreement between the Five Flags Center
RESOLUTION NO. 257-01
and Dubuque Hockey, Inc. (Dubuque
RESOLUTION APPROVING THE PLAT OF
Thunderbirds) for the use of the Five Flags
SURVEY OF LOTS 1 THRU 3 OF GLENDALE
Center for the 2001 – 2002 hockey season,
ADDITION NO3
presented and read. Buol moved that the .
communication be received and filed and Whereas, there has been filed with the City
approved recommendation. Seconded by Clerk a plat of survey of Lots 1 thru 3 of
Markham. Motion carried 7-0. Glendale Addition No. 3; and
Whereas, said plat provides Lot 1 with 5,139
City Manager recommending that the City square foot of lot area, where 6,000 square feet
Council sponsor the Dubuque County Historical is required and provides Lot 2 with 41.82 feet of
Society’s National Scenic Byway Program grant lot frontage and 3,086 square feet of lot area,
application for creation of a Great River Road where 50 feet and 5,000 square feet are
Interpretive Center at the Mississippi River required, respectively, by Section 42-19(b) of the
Discovery Center, presented and read. Buol Subdivision Regulations; and
moved that the communication be received and Whereas, said survey plat has been examined
filed. Seconded by Markham. Motion carried 7-0. by the Zoning Advisory Commission and had its
approval endorsed thereon; and
RESOLUTION NO. 256-01
Whereas, said survey plat has been examined
RESOLUTION SPONSORING A NATIONAL
by the City Council and they find that it conforms
SCENIC BYWAYS GRANT APPLICATION
to the statutes and ordinances relating thereto.
Whereas, the Dubuque County Historical NOW THEREFORE, BE IT RESOLVED BY
Society has applied to the Federal Highway THE CITY COUNCIL OF THE CITY OF
Administration for a National Scenic Byways DUBUQUE, IOWA:
grant to create a Great River Road Interpretive Section 1. That Section 42-19(b) of the
Center at the Mississippi River Discovery Subdivision Regulations is waived to allow Lot 1
Center; and to have 5,139 square feet of lot area, where
Whereas, the Federal Highway Administration 6,000 square feet is required, and to allow Lot 2
requires the sponsorship of the City of Dubuque to have 41.82 feet of lot frontage and 3,086
for this grant application; and square feet of lot area, where 50 feet and 5,000
Whereas, the Dubuque Comprehensive Plan square feet are required, respectively.
includes goals and objectives to add amenities Section 2. That the plat of survey of Lots 1 thru
along and interpret the history of the Mississippi 3 of Glendale Addition No. 3 is hereby approved,
River, which are consistent with this project. and the Mayor and City Clerk are hereby
NOW THEREFORE, BE IT RESOLVED BY authorized and directed to endorse the approval
THE CITY COUNCIL OF THE CITY OF of the City of Dubuque, Iowa upon said final plat.
DUBUQUE, IOWA: Passed, approved and adopted this 18th day
Section 1. That the City Council does hereby of June, 2001.
sponsor the Dubuque County Historical Terrance M. Duggan, Mayor
Society’s application for a National Scenic Attest: Jeanne F. Schneider, City Clerk
Byways grant to create a Great River Road Buol moved adoption of the Resolution.
Interpretive Center at the Mississippi River Seconded by Markham. Motion carried 7-0.
Discovery Center.
Section 2. That the Planning Services Heritage Trail Extension – Recreational Trails
:
Manager is hereby authorized to establish a Grant ApplicationCity Manager recommending
management agreement with the Dubuque approval of a Recreational Trails Grant
County Historical Society for this project. Application to the Iowa Department of
Transportation for extension of the Heritage Trail
Regular Session, June 18, 2001 195
RESOLUTION NO. 259-01
from the Heron Pond Wetlands Nature Trail to
RESOLUTION AWARDING A CONTRACT
the Dubuque Jaycees Trail,presented and read.
FOR HISTORIC DISTRICT DESIGN
Buol moved that the communication be received
GUIDELINES
and filed. Seconded by Markham. Motion carried
7-0. Whereas, the State Historical Society of Iowa
has awarded the City of Dubuque a Certified
RESOLUTION NO. 258- 01
Local Government (CLG) grant to develop a
RESOLUTION AUTHORIZING A GRANT
manual of design guidelines for private
APPLICATION FOR IOWA DEPARTMENT OF
properties in the city’s historic districts; and
TRANSPORTATION RECREATIONAL TRAILS
Whereas, the City Council has budgeted funds
FUNDS FOR THE HERITAGE TRAIL
for the development of a comprehensive urban
EXTENSION FROM THE HERON POND
design plan for public places and streetscapes in
WETLANDS NATURE TRAIL TO THE
the city’s historic districts; and
DUBUQUE JAYCEES TRAIL
Whereas, the City Council has determined that
Whereas, the Iowa Department of these projects should be completed concurrently
Transportation (IDOT) has Recreational Trails and with assistance from a qualified consultant.
funds available to develop recreational trails in NOW THEREFORE, BE IT RESOLVED BY
cities; and THE CITY COUNCIL OF THE CITY OF
Whereas, the City of Dubuque has adopted a DUBUQUE, IOWA:
Comprehensive Plan and a Riverfront Plan that Section 1. That the City Council does hereby
include goals for development of bike/hike trails; award the contract for development of historic
and district design guidelines to the Durrant Group of
Whereas, the City of Dubuque has adopted Dubuque, Iowa.
the Heritage Trail Master Plan that includes the Section 2. That the Planning Services
Heritage Trail Extension. Manager is hereby authorized to negotiate a
NOW, THEREFORE, BE IT RESOLVED BY contract with the Durrant Group for this project in
THE CITY COUNCIL OF THE CITY OF an amount not to exceed $50,440.00.
DUBUQUE, IOWA: Passed, approved and adopted this 18th day
Section 1. That the Planning Services of June, 2001.
Manager is hereby authorized to sign and Terrance M. Duggan, Mayor
submit this application for Recreational Trails Attest: Jeanne F. Schneider, City Clerk
funds to the IDOT for the extension of Heritage Buol moved adoption of the Resolution.
Trail from the Heron Pond Wetlands Nature Trail Seconded by Markham. Motion carried 7-0.
to the Dubuque Jaycees Trail, on behalf of the
City of Dubuque. John F. Kennedy Road – Acceptance of
Section 2. That the City of Dubuque agrees to Warranty Deed and Grant of Easement: City
adequately maintain the trail for its intended use Manager recommending acceptance of a
and maintain the total trail used to justify the Warranty Deed for right-of-way purchase and a
project in public use for a minimum of 20 years Grant of Easement for Lateral Support on John
following project completion. F. Kennedy Road for the reconstruction project
Section 3. That the City Manager is hereby scheduled for 2001 – 2002,presented and read.
authorized to reallocate $100,000 from the FY02 Buol moved that the communication be received
Capital Improvement Program from the Highway and filed. Seconded by Markham. Motion carried
20 Landscaping project to serve as the local 7-0.
match for this grant.
th
RESOLUTION NO. 260-01
Passed, approved and adopted this 18 day of
A RESOLUTION ACCEPTING A CONVEY-
June, 2001.
ANCE OF PROPERTY (LOT 1 AND LOT 2 OF
Terrance M. Duggan, Mayor
AIRD PLACE) FROM RANDALL P. AND LISA
Attest: Jeanne F. Schneider, City Clerk
A. AIRD ON JOHN F. KENNEDY ROAD TO
Buol moved adoption of the Resolution.
THE CITY OF DUBUQUE
Seconded by Markham. Motion carried 7-0.
Whereas, the City of Dubuque entered into an
Design Guidelines Manual Consultant Acquisition Agreement with Randall P. and Lisa
Selection: City Manager recommending A. Aird, pursuant to Randall P. and Lisa A. Aird
approval of the Durrant Group as the consultant agreed to grant a part of Lot 1 and Lot 2 of Aird
selection for the Historic District Design Place in the City of Dubuque, Iowa, as shown on
Guidelines, presented and read. Buol moved the Acquisition Plat thereof; and
that the communication be received and filed. Whereas, Randall P. and Lisa A. Aird have
Seconded by Markham. Motion carried 7-0. executed a conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
196 Regular Session, June 18, 2001
RESOLUTION NO. 262-01
Section 1. The City Council of the City of
ACCEPTING IMPROVEMENT
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from Whereas, the contract for the Villa Street
Randall P. and Lisa A. Aird, copies of which are Retaining Wall Reconstruction Project has been
attached hereto, as required by Iowa Code completed and the City Manager has examined
Section 569.7. the work and filed his certificate stating that the
Section 2. The Mayor is hereby authorized same has been completed according to the
and directed to execute and acknowledge on terms of the contract, plans and specifications
behalf of the City of Dubuque any instruments in and recommends its acceptance.
connection herewith. NOW THEREFORE, BE IT RESOLVED BY
th
Passed, adopted and approved this 18 day of THE CITY COUNCIL OF THE CITY OF
June, 2001. DUBUQUE, IOWA:
Terrance M. Duggan, Mayor Section 1. That the recommendation of the
Attest: Jeanne F. Schneider, City Clerk City Manager be approved and that said
Buol moved adoption of the Resolution. improvement be and the same is hereby
Seconded by Markham. Motion carried 7-0. accepted.
BE IT FURTHER RESOLVED that the City
RESOLUTION NO. 261-01
Treasurer be and he is hereby directed to pay to
A RESOLUTION ACCEPTING A GRANT OF
the contractor from the Fiscal Year 2001
EASEMENT FOR LATERAL SUPPORT FROM
General Retaining Wall Repair Budget in
RICHARD J. AND MARIE V. BENSON ON
amount equal to the amount of this contract, less
JOHN F. KENNEDY ROAD TO THE CITY OF
any retained percentage provided for therein.
th
DUBUQUE
Passed, approved and adopted this 18 day of
Whereas, the City of Dubuque entered into an June, 2001.
agreement with Richard J. and Marie V. Benson, Terrance M. Duggan, Mayor
pursuant to which Richard J. and Marie V. Attest: Jeanne F. Schneider, City Clerk
Benson agreed to grant an easement over a part Buol moved adoption of the Resolution.
of Lot 2-1-1-1-3 and Lot 2-1-3 in Helen E. and Seconded by Markham. Motion carried 7-0.
Mary H. Stewart Subdivision, in the City of
RESOLUTION NO. 263-01
Dubuque, Iowa, as shown on the Grant of
FINAL ESTIMATE
Easement for Lateral Support thereof; and
Whereas, Richard J. and Marie V. Benson Whereas, the contract for the Villa Street
have executed an easement over said property. Retaining Wall Reconstruction Project has been
NOW THEREFORE, BE IT RESOLVED BY completed and the City Engineer has submitted
THE CITY COUNCIL OF THE CITY OF his final estimate showing the cost thereof
DUBUQUE, IOWA: including the cost of estimates, notices and
Section 1. The City Council of the City of inspection and all miscellaneous costs;
Dubuque, Iowa, hereby approves of, accepts NOW THEREFORE, BE IT RESOLVED BY
and consents to the Grant of Easement for THE CITY COUNCIL OF THE CITY OF
Lateral Support from Richard J. and Marie V. DUBUQUE, IOWA:
Benson, copies of which are attached hereto, as Section 1. That the cost of said improvement is
required by Iowa Code Section 569.7. hereby determined to be $122,198.80 and the
Section 2. The Mayor is hereby authorized said amount shall be paid from the Fiscal Year
and directed to execute and acknowledge on 2001 General Retaining Wall Repair Budget of
behalf of the City of Dubuque any instruments in the City of Dubuque, Iowa.
th
connection herewith. Passed, approved and adopted this 18 day of
th
Passed, adopted and approved this 18 day of June, 2001.
June, 2001. Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk
Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution.
Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0.
Seconded by Markham. Motion carried 7-0.
Fischer Cold Storage Demolition Project –
Villa Street Retaining Wall – Acceptance: City Acceptance: City Manager recommending
Manager recommending acceptance of the Villa acceptance of the Fischer Cold Storage
Street Retaining Wall Project in the finalcontract Demolition Project in the final contract amount of
amount of $116,890.24,presented and read. $180,725, presented and read. Buol moved that
Buol moved that the communication be received the communication be received and filed.
and filed. Seconded by Markham. Motion carried Seconded by Markham. Motion carried 7-0.
7-0.
Regular Session, June 18, 2001 197
RESOLUTION NO. 264-01
recommendation. Seconded by Markham.
ACCEPTING IMPROVEMENT
Motion carried 7-0.
Whereas, the contract for the Fischer Cold
Storage Warehouse and Carriage Building Dubuque Area Chamber of Commerce
Demolition and Site Clearance Project has been Convention and Visitors Bureau – Purchase of
completed and the City Manager has examined Service Agreement: City Manager
the work and filed his certificate stating that the recommending approval of a Purchase of
same has been completed according to the Service Agreement with Dubuque Area
terms of the contract, plans and specifications Chamber of Commerce Convention and Visitors
and recommends its acceptance. Bureau for Fiscal Year 2002 in the amount of
NOW THEREFORE, BE IT RESOLVED BY $497,875, presented and read. Buol moved that
THE CITY COUNCIL OF THE CITY OF the communication be received and filed and
DUBUQUE, IOWA: approved recommendation. Seconded by
Section 1. That the recommendation of the Markham. Motion carried 7-0.
City Manager be approved and that said
improvement be and the same is hereby Dubuque Area Labor Management Council –
accepted. Purchase of Service Agreement: City Manager
BE IT FURTHER RESOLVED that the City recommending approval of a Purchase of
Treasurer be and he is hereby directed to pay to Service Agreement with Dubuque Area Labor
the contractor from the DRA surplus distribution Management Council for Fiscal Year 2002 in the
in amount equal to the amount of this contract, amount of $15,768, presented and read. Buol
less any retained percentage provided for moved that the communication be received and
therein. filed and approved recommendation. Seconded
th
Passed, approved and adopted this 18 day of by Markham. Motion carried 7-0.
June, 2001.
Terrance M. Duggan, Mayor Dubuque Main Street, Ltd. – Purchase of
Attest: Jeanne F. Schneider, City Clerk Service Agreement: City Manager
Buol moved adoption of the Resolution. recommending approval of a Purchase of
Seconded by Markham. Motion carried 7-0. Service Agreement with Dubuque Main Street,
Ltd., for Fiscal Year 2002 in the amount of
RESOLUTION NO. 265-01
$43,966,presented and read. Buol moved that
FINAL ESTIMATE
the communication be received and filed and
Whereas, the contract for the Fischer Cold approved recommendation. Seconded by
Storage Warehouse and Carriage Building Markham. Motion carried 7-0.
Demolition and Site Clearance Project has been
completed and the City Engineer has submitted Project Concern, Inc. – Foster Grandparent
his final estimate showing the cost thereof Program – Purchase of Service Agreement: City
including the cost of estimates, notices and Manager recommending approval of a Purchase
inspection and all miscellaneous costs; of Service Agreement with Project Concern, Inc.
NOW THEREFORE, BE IT RESOLVED BY - Foster Grandparent Program for Fiscal Year
THE CITY COUNCIL OF THE CITY OF 2002 in the amount of $5,435, presented and
DUBUQUE, IOWA: read. Buol moved that the communication be
Section 1. That the cost of said improvement is received and filed and approved
hereby determined to be $358,725.00 and the recommendation. Seconded by Markham.
said amount shall be paid from the DRA surplus Motion carried 7-0.
distribution of the City of Dubuque, Iowa.
th
Passed, approved and adopted this 18 day of Greater Dubuque Development Corporation –
June, 2001. Purchase of Service Agreement: City Manager
Terrance M. Duggan, Mayor recommending approval of a Purchase of
Attest: Jeanne F. Schneider, City Clerk Service Agreement with Greater Dubuque
Buol moved adoption of the Resolution. Development Corporation for Fiscal Year 2002
Seconded by Markham. Motion carried 7-0. in the amount of $127,500, presented and read.
Buol moved that the communication be received
Dubuque Humane Society – Purchase of and filed and approved recommendation.
Services Agreement: City Manager Seconded by Markham. Motion carried 7-0.
recommending approval of an agreement
between the Dubuque Humane Society and the Helping Services of Northeast Iowa –
City of Dubuque for provision of animal shelter Purchase of Service Agreement: City Manager
services through June 30, 2002,presented and recommending approval of a Purchase of
read. Buol moved that the communication be Service Agreement with Helping Services of
received and filed and approved Northeast Iowa, Inc., for Fiscal Year 2002 in the
amount of $1,964, presented and read. Buol
198 Regular Session, June 18, 2001
moved that the communication be received and Business License Refund: Jean Ann Althaus,
filed and approved recommendation. Seconded Family Beverage Center, requesting a refund for
,
by Markham. Motion carried 7-0. their beer permit in the amount of $75.00
presented and read. Buol moved that the
Operation: New View – Purchase of Service communication be received and filed and
Agreement: City Manager recommending approved request. Seconded by Markham.
approval of a Purchase of Service Agreement Motion carried 7-0.
with Operation: New View for Fiscal Year 2002
in the amount of $16,708, presented and read. Business Licenses:
Buol moved that the communication be received
RESOLUTION NO. 266 -01
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
Retired and Senior Volunteer Program – DUBUQUE, IOWA:
Purchase of Service Agreement: City Manager That the following having complied with the
recommending approval of a Purchase of provisions of law relating to the sale of
Service Agreement with Retired and Senior Cigarettes within the City of Dubuque, Iowa, be
Volunteer Program for Fiscal Year 2002 in the granted a permit to sell Cigarettes and Cigarette
amount of $7,341, presented and read. Buol Papers within said City.
moved that the communication be received and NEW
filed and approved recommendation. Seconded Caseys General Store Caseys Marketing Com
==
by Markham. Motion carried 7-0. 2699 Rockdale Rd
Caseys General Store Caseys Marketing Com
==
Substance Abuse Services Center – Purchase
4003 Peru Rd
of Service Agreement: City Manager
Passed, approved and adopted this 18th day
recommending approval of a Purchase of
of June, 2001.
Service Agreement with Substance Abuse
Terrance M. Duggan, Mayor
Services Center for Fiscal Year 2002 in the
Attest: Jeanne F. Schneider, City Clerk
amount of $12,390, presented and read. Buol
Buol moved adoption of the Resolution.
moved that the communication be received and
Seconded by Markham. Motion carried 7-0.
filed and approved recommendation. Seconded
RESOLUTION NO. 267-01
by Markham. Motion carried 7-0.
NOW, THEREFORE, BE IT RESOLVED BY
Washington Tool Library, Inc. – Purchase of
THE CITY COUNCIL OF THE CITY OF
Service Agreement: City Manager
DUBUQUE, IOWA:
recommending approval of a Purchase of
That the following having complied with the
Service Agreement with Washington Tool
provisions of law relating to the sale of
Library, Inc., for Fiscal Year 2002 in the amount
Cigarettes within the City of Dubuque, Iowa, be
of $10,500, presented and read. Buol moved
granted a permit to sell Cigarettes and Cigarette
that the communication be received and filed
Papers within said City.
and approved recommendation. Seconded by
10 RENEWALS
Markham. Motion carried 7-0.
Dubuque Discount Gas Dubuque Discount Gas
Inc. 4110 Dodge St
Project Concern, Inc. – Information and
Hammerheads Bar/Billiards Hammerheads, Inc.
Referral and Child Care Referral – Purchase of
2095 Kerper Blvd
Service Agreement: City Manager
Hy-Vee Hy-Vee Inc
recommending approval of a Purchase of
3500 Dodge St
Service Agreement with Project Concern, Inc. –
Hy-Vee Hy-Vee Inc
Information and Referral ($23,745) and Child
4800 Asbury Rd
Care Referral ($8,367) for Fiscal Year 2002,
Knickers Saloon Curtis Gerhard
presented and read. Buol moved that the
2186 Central Ave
communication be received and filed and
Lucky 13 David Erickson
approved recommendation. Seconded by
385 E 13th St
Markham. Motion carried 7-0.
Oky Doky Food # 14 Kristina Chapman
1050 University Ave
Dubuque Jaycees: Request of the Dubuque
One Flight Up Nadine Bergin
Jaycees to transfer their liquor licenses to the
44-48 Main St
Iowa Street Ramp on July 20, 2001 as a rain
Tonys Place Charles Steffen
location for “All That Jazz,” presented and read.
1701 Central Ave
Buol moved that the communication be received
Wal-Mart Supercenter # 2004 Wal-Mart Stores
and filed and approved request. Seconded by
Inc 4200 Dodge St
Markham. Motion carried 7-0.
Regular Session, June 18, 2001 199
Peninsula Gaming Com Diamond Jo Casino
Passed, approved and adopted this 18th day
Portside+(Sunday& Outdoor Sale) 400 E 3rd St
of June, 2001.
Jymie Lyons Jyms Bar+
Terrance M. Duggan, Mayor
=
Sunday Sale) 1700 Central
Attest: Jeanne F. Schneider, City Clerk
Tom Koch Inc. Pauls Tavern+
Buol moved adoption of the Resolution. =
(Sunday Sale) 176 Locust
Seconded by Markham. Motion carried 7-0.
American Legion Post # 6 American Legion
Post # 6+(Sunday Sale) 1306 Delhi
RESOLUTION NO. 268-01
James Ferring Dubuque Bowling Lanes+
Whereas, applications for Beer Permits have
(Sunday Sale) 1029 Main
2
been submitted and filed to this Council for
Curtis Gerhard Knickers Saloon+
=
approval and the same have been examined
(Sunday Sale) 2186 Central
and approved; and
City of Dubuque Dubuque 5-Flags
Whereas, the premises to be occupied by such
Center+(Sunday Sale) 405 Main St
applicants were inspected and found to comply
Kinseth Hotel Corp Holiday Inn Five Flags-
with the Ordinances of this City and have filed
Outdoor Sale 450 Main St
proper bonds.
Dukes Place Inc Dukes Place - 1 day
==
NOW, THEREFORE, BE IT RESOLVED BY
Outdoor Sale 2600 Dodge
THE CITY COUNCIL OF THE CITY OF
CLASS B(WB) WINE PERMIT
A@
DUBUQUE, IOWA:
Creative Touch Gallery Inc. Ooh La La
That the Manager be authorized to cause to be
3460 Hillcrest
issued the following named applicants a Beer
Passed, approved and adopted this 18th day
Permit.
of June 2001.
CLASS B BEER PERMIT
A@
Terrance M. Duggan, Mayor
Dubuque Jaycees Dubuque Jaycees+
Attest: Jeanne F. Schneider, City Clerk
(Outdoor Service)Tent A Town Clock Plaza
Buol moved adoption of the Resolution.
Dubuque Jaycees Dubuque Jaycees+
Seconded by Markham. Motion carried 7-0.
(Outdoor Service)Tent B Town Clock Plaza
Dubuque Jaycees Dubuque Jaycees+
BOARDS/COMMISSIONS
(Outdoor Service)Tent C Town Clock Plaza
CLASS C BEER PERMIT
A@
Interviews for the following Boards /
Rainbo Oil Com Kwik Stop Food Mart+
Commissions:
(Sunday Sale) 1401 Central Ave
K-Chap Foods, Inc. Oky Doky # 14+
Environmental Stewardship Advisory
(Sunday Sale) 1050 University Ave
Commission (Youth representative term which
Caseys Marketing Com Caseys General
==
will expire June 1, 2002 – Term of Brianna
Store+(Sunday Sale) 4003 Peru Rd
Tully): Applicant: Brianna Tully. No one spoke.
Caseys Marketing Com Caseys General
==
Store+(Sunday Sale) 2699 Rockdale Rd
Historic Preservation Commission (Two 3-year
Passed, approved and adopted this 18th day
terms which will expire on July 1, 2004 – Terms
June, 2001.
of Bradford and Guinn): Applicants: Pamela
Terrance M. Duggan, Mayor
th
Bradford (West 11 Street) and Suzanne M.
Attest: Jeanne F. Schneider, City Clerk
Guinn (Jackson Park). Pamela Bradford spoke
Buol moved adoption of the Resolution.
requesting reappointment.
Seconded by Markham. Motion carried 7-0.
Investment Oversight Advisory Commission
RESOLUTION NO. 269-01
(Two 3-year terms which will expire on July 1,
Whereas, applications for Liquor Licenses
2004 – Terms of Reisdorf and Ruden):
have been submitted to this Council for approval
Applicants: Stephen Reisdorf and Gary L.
and the same have been examined and
Ruden. No one spoke.
approved; and
Whereas, the premises to be occupied by such
Library Board of Trustees (Five 4-year terms
applicants were inspected and found to comply
which will expire on July 1, 2005 – Terms of
with the State Laws and all City Ordinances
Augspurger, Vandermillen, Strom, Felderman,
relevant thereto and they have filed proper
Smith). Applicants: J. L. Felderman, Clyde
bonds.
Overturff, Lorri Regan, Michael Shubatt, Kristen
NOW, THEREFORE, BE IT RESOLVED BY
Smith, Mary L. Strom, Thomas A. Tully. Clyde
THE CITY COUNCIL OF THE CITY OF
Overturff conveyed to the City Clerk he is
DUBUQUE, IOWA:
withdrawing his application. Lorri Regan
That the Manager be authorized to cause to be
conveyed to the City Clerk she could not be in
issued the following named applicants a Liquor
attendance but is interested in the position. J.L.
License.
Felderman, Michael Shubatt, and Thomas A.
CLASSC BEER/LIQUOR LICENSE
@@
200 Regular Session, June 18, 2001
Tully all spoke requesting consideration for District to City R-1 Single-Family Residential
appointment to the Board. District concurrent with annexation, presented
and read.
Park and Recreation Commission (Three 3-
year terms which will expire June 30, 2004 –
OFFICIAL PUBLICATION
Terms of Lyness, Sullivan, Hoffmann):
ORDINANCE NO. 33–01
Applicants: Danita L. Galdick, Gary L.
AN ORDINANCE AMENDING APPENDIX A
Harjehausen, Paul E. Hoffmann, Karen C.
(THE ZONING ORDINANCE) OF THE CITY OF
Lyness. Danita Galdick conveyed to the City
DUBUQUE CODE OF ORDINANCES, BY
Clerk that she could not be in attendance but
RECLASSIFYING HEREINAFTER DESCRI-
that she is interested in the Commission. No one
BED PROPERTY LOCATED AT 8000 OLD
spoke.
HIGHWAY ROAD FROM DUBUQUE COUNTY
R-1 RURAL RESIDENTIAL DISTRICT TO CITY
Zoning Advisory Commission (Two 3-year
OF DUBUQUE R-1 SINGLE-FAMILY
terms which will expire July 1, 2004 – Terms of
RESIDENTIAL DISTRICT, C0NCURRENT
Bird and Stiles): Applicants: Eugene Bird, Ben
WITH ANNEXATION.
Roush, Jeff Stiles. Eugene Bird and Jeff Stiles
NOW, THEREFORE, BE IT ORDAINED BY
both spoke requesting reappointment.
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Appointments to the following Boards /
Whereas, Wayne and Lynn Stewart, property
Commissions:
owners, have requested rezoning concurrent
with annexation to the City of Dubuque in
Civic Center Commission (Three 3-year terms
accordance with Section 2-3 of Appendix A
which expire 6/29/04 – Terms of Bakke,
(Zoning Ordinance) of the City of Dubuque Code
Brannon, Sesterhenn): Applicants: Rod Bakke,
of Ordinances; and
Michael P. Brannon, Mark M. Nauman, Steve
Whereas, this request has been found to be
Sesterhenn.
consistent with the Comprehensive Plan and the
Vote on the appointments was as follows:
Future Land Use Map of the Comprehensive
Cline voted for Bakke, Brannon, Sesterhenn.
Plan.
Duggan voted for Bakke, Brannon, Sesterhenn.
NOW, THEREFORE, BE IT ORDAINED BY
Markham voted for Bakke, Brannon,
THE CITY COUNCIL OF THE CITY OF
Sesterhenn. Michalski voted for Bakke,
DUBUQUE, IOWA:
Brannon, Sesterhenn. Nicholson voted for
Section 1. That Appendix A (the Zoning
Bakke, Brannon, Sesterhenn. Robbins voted for
Ordinance) of the City of Dubuque Code of
Bakke, Brannon, Sesterhenn. Buol voted for
Ordinances is hereby amended by reclassifying
Bakke, Brannon, Sesterhenn. Therefore, Rod
the hereinafter described property from
Bakke, Michael P. Brannon, and Steve
Dubuque County R-1 Rural Residential District
Sesterhenn were reappointed to three year
to City of Dubuque R-1 Single-Family
terms which will expire 6/29/04.
Residential District, to wit:
Lot 2, except the west 20 acres thereof, of
PUBLIC HEARINGS
Mason Cate Estates, and to the center line of
the adjoining public right-of-way, all in the City of
Michalski moved that the rules be suspended
Dubuque, Iowa.
to allow anyone present to speak. Seconded by
Section 2. The foregoing amendment has
Cline. Motion carried 7-0.
heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque,
Wayne and Lynn Stewart – 8000 Old Highway
Iowa.
Road – Rezoning Request: Proof of publication
Section 3. This ordinance shall take effect
on notice of hearing to consider rezoning
immediately upon publication, as provided by
property located at 8000 Old Highway Road
law, and at such time that the herein described
from County R-1 Single-Family Residential
property is legally annexed into the City of
District to City R-1 Single-Family Residential
Dubuque, Iowa.
District (in conjunction with annexation),
th
Passed, approved and adopted this 18 day of
presented and read. Markham moved that the
June, 2001.
proof be received and filed. Seconded by
Terrance M. Duggan, Mayor
Robbins. Motion carried 7-0.
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
An Ordinance Amending Appendix A (the
th
newspaper this 25 day of June, 2001.
Zoning Ordinance) of the City of Dubuque Code
Jeanne F. Schneider, City Clerk
of Ordinances by reclassifying hereinafter
1t 6/25
described property located at 8000 Old Highway
Road from County R-1 Single-Family Residential
Regular Session, June 18, 2001 201
COMMERCIAL SERVICE AND WHOLESALE
Markham moved that the requirement that a
DISTRICT WITH CONDITIONS.
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to NOW, THEREFORE, BE IT ORDAINED BY
the meeting at which it is to be finally passed be THE CITY COUNCIL OF THE CITY OF
suspended and further moved final DUBUQUE, IOWA:
consideration and passage of the Ordinance. Section 1. That Appendix A (the Zoning
Seconded by Robbins. Motion carried 7-0. Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
Allen & Urbain Architects / Hills & Dales the hereinafter described property from C-3
Development Center – Rezoning Request: Proof General Commercial District to CS Commercial
of publication on notice of hearing to consider Service and Wholesale District, with conditions
rezoning property located at 1011 Davis Street described in the attached Memorandum of
from R-1 Single-Family Residential District to Agreement, to wit:
OR Office Residential District, presented and Lot 4 Northrange Subdivision, and to the
read. centerline line of the adjoining public right-of-
An Ordinance Amending Appendix A (the way, all in the City of Dubuque, Iowa.
Zoning Ordinance) of the City of Dubuque Code Section 2. The foregoing amendment has
of Ordinances by reclassifying hereinafter heretofore been reviewed by the Zoning
described property located at 1011 Davis Street Advisory Commission of the City of Dubuque,
from R-1 Single-Family Residential District to Iowa.
OR Office High Density Multi-Family Residential Section 3. This ordinance shall take affect
District, presented and read. immediately upon publication, as provided by
John Allen of Allen and Urbain Architects and law.
Rick Dickinson as a member of their governing Passed, approved and adopted this 18th day
Board spoke requesting adoption of the of June, 2001.
Ordinance. Joel Glennon, 1004 Davis and Bob Terrance M. Duggan, Mayor
Welu, 970 Davis, spoke objecting to the Attest: Jeanne F. Schneider, City Clerk
proposed rezoning. ACCEPTANCE OF ORDINANCE NO. 34 01
Nicholson moved that this matter be tabled to (We) James P. Hansen and Doris J. Hansen,
the next meeting. Seconded by Michalski. owners, having read the terms and conditions of
Motion carried 7-0. the foregoing Ordinance No.34-01 and being
familiar with the conditions thereof, hereby
Jim Hansen – 1840 Radford Road – Rezoning accept this same and agree to the conditions
Request: Proof of publication on notice of required therein.
hearing to consider rezoning property located at Dated this 18th day of June, 2001.
1840 Radford Road from C-3 General /s/ James P. Hansen
Commercial District to CS Commercial Service /s/ Doris J. Hansen
and Wholesale District, presented and read. Published officially in the Telegraph Herald
Buol moved that the proof be received and filed. newspaper this 25th day of June, 2001.
Seconded by Markham. Motion carried 7-0. Jeanne F. Schneider, City Clerk
Russ Neuwoehner, Attorney for Jim Hansen, 1t 6/25
spoke requesting the rezoning to allow mini-Buol moved that the requirement that a
warehousing. proposed Ordinance be considered and voted
An Ordinance Amending Appendix A (the on for passage at two Council Meetings prior to
Zoning Ordinance) of the City of Dubuque Code the meeting at which it is to be finally passed be
of Ordinances by reclassifying hereinafter suspended and further moved final
described property located at 1840 Radford consideration and passage of the Ordinance.
Road from C-3 General Commercial District to Seconded by Markham. Motion carried 7-0.
CS Commercial Service and Wholesale District
with conditions, presented and read. Star Development LLC – End of Raven Oaks
Drive – PUD Amendment: Proof of publication
on notice of hearing to consider amending an
OFFICIAL PUBLICATION
existing PUD Planned Unit Development with a
ORDINANCE NO. 34-01
PR Planned Residential District designation to
AN ORDINANCE AMENDING APPENDIX A
allow a 62 unit senior apartment building on
(THE ZONING ORDINANCE) OF THE CITY OF
property located at the end of Raven Oaks
DUBUQUE CODE OF ORDINANCES BY
Drive, presented and read. Buol moved that the
RECLASSIFYING HEREINAFTER DESCRIB-
proof be received and filed. Seconded by
ED PROPERTY LOCATED AT 1840
Markham. Carried by the following vote: Yeas—
RADFORD ROAD FROM C-3 GENERAL
Duggan, Markham, Michalski, Nicholson,
COMMERCIAL DISTRICT TO CS
Robbins, Buol. Nays—Cline.
202 Regular Session, June 18, 2001
Perry Heranda of Star Development, 6735 are reasonable and imposed to satisfy the public
Vista Green Way, Rockford IL spoke of their needs that are caused directly by the zoning
proposed housing development. Jim Schwers, reclassification:
formerly of Dubuque and now of Tulsa, OK A. Use Regulations.
spoke requesting a road be built from Raven The following regulations shall apply to all
Oaks to Carter Rd. Merlin Langkamp, 2977 uses made of land in the above described PUD
Wildwood, spoke objecting to the additional District:
nd
drainage water being added to the 32 St. 1) Principal permitted uses shall be limited to a
detention basin. Rita Wiebersch of 2675 Raven 62-unit, three story senior apartment building.
Oaks, spoke objecting to the proposed 2) Accessory uses shall include any use
development stating that Raven Oaks is not customarily incidental and subordinate to the
wide enough. Bernie Hefel spoke stating that a principal use it serves.
road should be built between Raven Oaks and B. Lot and Bulk Regulations.
Carter Road, also that Raven Oaks should be Development of land in the PUD District shall be
widened and parking again be added to the regulated as follows:
street. 1)The proposed senior apartment
development shall be constructed in substantial
An Ordinance Amending Appendix A (The compliance with the attached conceptual
Zoning Ordinance) of the City of Dubuque Code development plan.
of Ordinances by amending the conceptual 2) Maximum building height shall be 35 feet.
development plan for Raven Oaks Senior C. Performance Standards.
Apartments located at the end of Raven Oaks The development and maintenance of uses in
Drive and currently zoned PUD Planned Unit this PUD District shall be established in
Development District with a PR Planned conformance with Section 3-5.5 of the Zoning
Residential Designation, presented and read. Ordinance and the following standards:
1) Raven Oaks Drive shall be extended and a
cul-de-sac constructed in accordance with City
OFFICIAL PUBLICATION
standards and specifications.
ORDINANCE NO. 35-01
2) Adequate erosion control shall be provided
AN ORDINANCE AMENDING APPENDIX A
during all phases of construction.
(THE ZONING ORDINANCE) OF THE CITY OF
3) Off-street parking shall be provided as
DUBUQUE CODE OF ORDINANCES BY
shown on the approved conceptual plan.
AMENDING THE CONCEPTUAL DEVELOP-
4) Sidewalks shall be provided adjoining all
MENT PLAN FOR RAVEN OAKS SENIOR
public streets.
APARTMENTS LOCATED AT THE END OF
5) Storm water control facilities will be installed
RAVEN OAKS DRIVE AND CURRENTLY
as per City Engineering requirements.
ZONED PUD PLANNED UNIT DEVELOPMENT
6) Final site development plans shall be
DISTRICT WITH A PR PLANNED RESI-
submitted in accordance with Section 4-4 of the
DENTIAL DESIGNATION.
Zoning Ordinance prior to construction of any
NOW, THEREFORE, BE IT ORDAINED BY
buildings.
THE CITY COUNCIL OF THE CITY OF
D. Open Space and Recreational Areas
DUBUQUE, IOWA:
Open space and landscaping in the PUD
Section 1. Appendix A (the Zoning Ordinance)
District shall be regulated as follows:
of the City of Dubuque Code of Ordinances is
Those areas not designated on the conceptual
hereby amended by amending the conceptual
development plan shall be maintained as open
development plan for hereinafter described
space, as defined by Section 8 of the Zoning
property located at the east end of Raven Oaks
Ordinance by the property owner and/or
Drive and currently zoned PUD Planned Unit
association.
Development District with a PR Planned
E. Sign Regulations.
Residential designation, and adopting a new
Signs in the PUD District shall be regulated in
conceptual development plan, a copy of which is
accordance with the R-3 sign regulations of the
attached to and made a part hereof, for Raven
Zoning Ordinance.
Oaks Senior Apartments as stated below, to wit:
F. Transfer of Ownership
All of Oak Brook Development and all of Oak
Transfer of ownership or lease of property in
Brook Townhouses, and to the centerline of the
this PUD District shall include in the transfer or
adjoining public right-of-way, all in the City of
lease agreement a provision that the purchaser
Dubuque, Iowa.
or lessee acknowledges awareness of the
Section 2. Pursuant to Iowa Code Section
conditions authorizing the establishment of the
414.5 (1993), and as an express condition of the
district.
reclassification, the undersigned property
G. Reclassification of Subject Property.
owner(s) agree(s) to the following conditions, all
The City of Dubuque, Iowa, may initiate zoning
of which the property owner(s) further agree(s)
reclassification proceedings to the R-1 Single-
Regular Session, June 18, 2001 203
Family District in accordance with Section 6 of Seconded by Markham. Carried by the following
the Zoning Ordinance if the property owner(s) vote: Yeas—Duggan, Markham, Michalski,
fail(s) to complete or maintain any of the Nicholson, Robbins, Buol. Nays—Cline.
conditions of this ordinance.
H. Modifications. Text Amendment – City of Dubuque: Proof of
Any modifications of this Ordinance must be publication on notice of hearing to consider a
approved by the City Council in accordance with text amendment as requested by the City of
zoning reclassification proceedings of Section 6 Dubuque to allow the keeping of horses as an
of the Zoning Ordinance. accessory use, presented and read. Buol moved
I. Recording. that the proof be received and filed. Seconded
A copy of this ordinance shall be recorded at by Nicholson. Carried by the following vote:
the expense of the property owner(s) with the Yeas—Cline, Duggan, Markham, Nicholson,
Dubuque County Recorder as a permanent Robbins, Buol. Nays—Michalski.
record of the conditions accepted as part of this
reclassification approval within ten (10) days An Amending Appendix A (the Zoning
after the adoption of this ordinance. This Ordinance) of the Code of Ordinances City of
ordinance shall be binding upon the undersigned Dubuque, Iowa by amending Section 3-1.1(D)
and his/her heirs, successors and assigns. Conditional Uses to the R-1 Single-Family
Section 3. The foregoing amendment has Residential District to allow the keeping of
heretofore been reviewed by the Zoning horses or ponies as a conditional use and
Commission of the City of Dubuque, Iowa. amending Section 8 Definitions by adding
Section 4. The foregoing amendment shall definitions for horse and pony, presented and
take effect upon publication, as provided by law. read.
th
Passed, approved and adopted this 18 day of
June, 2001.
OFFICIAL PUBLICATION
Terrance M. Duggan, Mayor
ORDINANCE NO. 36–01
ATTEST: Jeanne F. Schneider, City Clerk
AN ORDINANCE AMENDING APPENDIX A
ACCEPTANCE OF ORDINANCE NO. 35-01
(THE ZONING ORDINANCE) OF THE CODE
We, Jack Felderman, representing Felderman
OF ORDINANCES OF THE CITY OF
Business Associates, Tom Tully, representing
DUBUQUE, IOWA, BY AMENDING SECTION
Dubuque Lumber Company, Milton A. Avenarius
3-1.1(D) CONDITIONAL USES FOR THE R-1
and Janet O. Avenarius, as property owners,
SINGLE-FAMILY RESIDENTIAL DISTRICT TO
and James O. Teeter, Jr., representing the
ALLOW THE KEEPING OF HORSES OR
applicant (contract purchaser), Star
PONIES AS A CONDITIONAL USE AND
Development, LLC, having read the terms and
AMENDING SECTION 8 DEFINITIONS BY
conditions of the foregoing Ordinance No. 35- 01
ADDING DEFINITIONS FOR HORSE AND
and being familiar with the conditions thereof,
PONY.
hereby accept the same and agree to the
NOW, THEREFORE, BE IT ORDAINED BY
conditions required therein.
THE CITY COUNCIL OF THE CITY OF
Dated this 18th day of June, 2001.
DUBUQUE, IOWA:
Felderman Business Associates,
Section 1. Appendix A of the Zoning
an Iowa Partnership
Ordinance of the City of Dubuque Code of
/s/ Jack Felderman, Authorized Signatory
Ordinances is hereby amended by adding the
Dubuque Lumber Company, an Iowa
keeping of horses and ponies as a conditional
Corporation
use to a single-family residential district as
/s/ Tom Tully, its President
follows:
/s/ Milton A. Avenarius, Individually
“3.1.1(D)(4): Keeping of horses or ponies
/s/ Janet O. Avenarius, Individually
provided that:
Star Development, LLC, a Delaware
a) A minimum of two acres of property is
Limited Liability Company
available for the first animal;
/s/ James O. Teeter, Jr., Its Authorized
b) A minimum of 1.5 acres of property is
Representative
available for an additional animal, up to a
Published officially in the Telegraph Herald
maximum of two animals; and
th
newspaper this 13 day of July, 2001.
c) A shelter of at least 150 square feet and
Jeanne F. Schneider, City Clerk
enclosed on at least three sides shall be
1t 7/13
provided on the property.”
Buol moved that the requirement that a
Section 2. Appendix A of the Zoning
proposed Ordinance be considered and voted
Ordinance of the City of Dubuque Code of
on for passage at two Council Meetings prior to
Ordinances is hereby amended adding a new
the meeting at which it is to be finally passed be
definition to Section 8 as follows:
suspended and further moved final
Horse: A large solid-hoofed herbivorous
consideration and passage of the Ordinance.
equus caballus
mammal (, family Equidae, the
204 Regular Session, June 18, 2001
horse family) domesticated since a prehistoric contract and estimated cost for said
period and used as a beast of burden, a draft improvements for said project.
th
animal, or for riding. Passed, approved and adopted this 18 day of
Pony: A small horse, especially one of any of June, 2001.
several breeds of very small stocky animals, Terrance M. Duggan, Mayor
noted for their gentleness and endurance. Attest: Jeanne F. Schneider, City Clerk
Section 3. The foregoing amendment has Markham moved adoption of the Resolution.
heretofore been reviewed by the Zoning Seconded by Michalski. Motion carried 6-0.
Advisory Commission of the City of Dubuque, (Nicholson left the Chambers briefly).
Iowa.
RESOLUTION NO. 271-01
Section 4. This ordinance shall take effect
AWARDING CONTRACT
immediately upon publication, as provided by
law. WHEREAS, sealed proposals have been
Passed, approved and adopted this 18th day submitted by contractors for the FLORA AND
of June, 2001. SUTTON POOLS WATER PLAYGROUNDS
Terrance M. Duggan, Mayor CONSTRUCTION PROJECT pursuant to
Attest: Jeanne F. Schneider, City Clerk Resolution No. 184-01, and notice to bidders
Published officially in the Telegraph Herald published in a newspaper published in the City
th
newspaper this 25th day of June, 2001. of Dubuque, Iowa, on the 11 day of May, 2001.
Jeanne F. Schneider, City Clerk WHEREAS, said sealed proposals were
th
1t 6/25 opened and read on the 5 day of June, 2001,
Buol moved that the requirement that a and it has been determined that the bid of
proposed Ordinance be considered and voted PORTZEN CONSTRUCTION, in the amount of
on for passage at two Council Meetings prior to $725,021.00 was the lowest bid for the
the meeting at which it is to be finally passed be furnishings of all labor and materials and
suspended and further moved final performing the work as provided for in the plans
consideration and passage of the Ordinance. and specifications.
Seconded by Nicholson. Carried by the following NOW THEREFORE, BE IT RESOLVED BY
vote: Yeas—Cline, Duggan, Markham, THE CITY COUNCIL OF THE CITY OF
Nicholson, Robbins, Buol. Nays—Michalski. DUBUQUE, IOWA:
That the contract for the above improvement
Flora and Sutton Pools Water Playground – be awarded to PORTZEN CONSTRUCTION,
Award Contract : Proofs of publication on notice and the Manager be and is hereby directed to
of hearing on plans and specifications and execute a contract on behalf of the City of
notice to bidders on the receipt of bids, and City Dubuque for the complete performance of the
Manager recommending award of the contract work.
for the Flora and Sutton Pools Water BE IT FURTHER RESOLVED:
Playgrounds to Portzen Construction in the That upon the signing of said contract and the
amount of $725,021, presented and read. approval of the contractor's bond, the City
Markham moved that the proofs and Treasurer is authorized and instructed to return
communication be received and filed. Seconded the bid deposits of the unsuccessful bidders.
by Michalski. Motion carried 6-0. (Nicholson left Passed, approved and adopted this 18th day
the Chambers briefly.) of June, 2001.
Terrance M. Duggan, Mayor
RESOLUTION NO. 270-01
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION ADOPTING PLANS
Markham moved adoption of the Resolution.
AND SPECIFICATIONS
Seconded by Michalski. Motion carried 6-0.
th
WHEREAS, on the 7 day of May, 2001, (Nicholson left the Chambers briefly).
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of Traffic Signal Efficiency Program – Award
Dubuque, Iowa for the FLORA AND SUTTON Contract: Proofs of publication on notice of
POOLS WATER PLAYGROUND CONSTRUC-hearing on plans and specifications and notice
TION PROJECT. to bidders on the receipt of bids, and City
WHEREAS, notice of hearing on plans, Manager recommending award of the contract to
specifications, form of contract, and estimated Brown Traffic Products, Inc., in the amount of
cost was published as required by law. $239,786,presented and read. Michalski moved
NOW THEREFORE, BE IT RESOLVED BY that the proofs and communication be received
THE CITY COUNCIL OF THE CITY OF and filed. Seconded by Cline. Motion carried 7-
DUBUQUE, IOWA: 0.
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
Regular Session, June 18, 2001 205
RESOLUTION NO. 272-01
Markham moved that the rule be reinstated
RESOLUTION ADOPTING PLANS
limiting discussion to the Council. Seconded by
AND SPECIFICATIONS
Robbins. Motion carried 7-0.
th
Whereas, on the 16 day of May, 2001, plans,
specifications, form of contract and estimated ACTION ITEMS
cost were filed with the City Clerk of Dubuque,
Iowa for the Traffic Signal Efficiency Program. Toughman Contests – Five Flags: City
Whereas, notice of hearing on plans, Manager submitting a communication from
specifications, form of contract, and estimated Leisure Services Manager Gil Spence which
cost was published as required by law. provides background information on Toughman
NOW THEREFORE, BE IT RESOLVED BY Contests at the Five Flags Center, Lydia
THE CITY COUNCIL OF THE CITY OF Robertson, Market Coordinator for AdoreAble
DUBUQUE, IOWA: Promotions, Inc., submitting additional
That the said plans, specifications, form of information and references, presented and read.
contract and estimated cost are hereby Markham moved to receive and file the
approved as the plans, specifications, form of communications and revoke the present
contract and estimated cost for said Ordinance prohibiting such contests. Seconded
improvements for said project. by Buol. Carried by the following vote: Yeas—
th
Passed, adopted and approved this 18 day of Cline, Duggan, Markham, Robbins, Buol.
June, 2001. Nays—Michalski, Nicholson.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk Greater Dubuque Development Corporation:
Michalski moved adoption of the Resolution. Communication from Rick Dickinson, Executive
Seconded by Cline. Motion carried 7-0. Director of the Greater Dubuque Development
Corporation, regarding appointments to GDDC’s
RESOLUTION NO. 273-01
Board of Directors. Current Board members are
AWARDING CONTRACT
Mayor Terry Duggan, Council Members Dan
Whereas, sealed proposals have been Nicholson and Patricia Cline, and City Manager
submitted by contractors for the Traffic Signal Michael Van Milligen, presented and read.
Efficiency Program pursuant to Resolution No. Markham moved that the same members and
229-01 and notice to bidders published in a City Manager be reappointed. Seconded by
newspaper published in the City of Dubuque, Buol. Motion carried 7-0.
th
Iowa on the 25 day of May, 2001.
Whereas, said sealed proposals were opened Pinto Ridge Subdivision – Preliminary Plat:
and read on the 6th day of June, 2001, and it Zoning Advisory Commission advising of their
has been determined that the bid of Brown approval of the preliminary plat of Pinto Ridge
Traffic Products, Inc. in the amount of Subdivision in Dubuque County,presented and
$239,786.00 was the lowest bid for the read. Michalski moved that the communication
furnishings of all LED fixtures as provided for in be received and filed. Seconded by Nicholson.
the plans and specifications. Motion carried 7-0.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 274-01
DUBUQUE, IOWA:
RESOLUTION APPROVING THE PRELIMI-
That the contract for the above improvement
NARY PLAT OF PINTO RIDGE SUBDIVISION
be awarded to Brown Traffic Products, Inc. and
IN DUBUQUE COUNTY
the Manager be and is hereby directed to
Whereas, there has been filed with the City
execute a contract on behalf of the City of
Clerk a preliminary plat of Pinto Ridge
Dubuque for the complete performance of the
Subdivision in Dubuque County; and
work.
Whereas, said plat represents property
BE IT FURTHER RESOLVED:
proposed for annexation to the City of Dubuque;
That upon the signing of said contract and the
and
approval of the contractor's bond, the City
Whereas, said plat has been examined by the
Treasurer is authorized and instructed to return
Zoning Advisory Commission and they find it
the bid deposits of the unsuccessful bidders.
conforms to the statutes and ordinances relating
th
Passed, approved and adopted this 18 day of
thereto, with the exception of private septic
June, 2001.
systems; and
Terrance M. Duggan, Mayor
Whereas, said plat has been examined by the
Attest: Jeanne F. Schneider, City Clerk
City Council and they find that it conforms to the
Michalski moved adoption of the Resolution.
statues and ordinances relating thereto, with the
Seconded by Cline. Motion carried 7-0.
exception of private septic systems.
206 Regular Session, June 18, 2001
NOW THEREFORE, BE IT RESOLVED BY Whereas, the City Council has appointed the
THE CITY COUNCIL OF THE CITY OF Historic Preservation Commission to serve as an
DUBUQUE, IOWA: advisory review board for demolition permits in
Section 1. That Section 42-22(a) of the such districts; and
Subdivision Regulations is waived to allow Whereas, the City Council desires to have
installation of private septic systems and a review standards for the approval or denial of
capped sanitary sewer system with the demolition permits in such districts.
necessary easements for future connection to NOW, THEREFORE, BE IT ORDAINED BY
City sanitary sewer in accordance with City THE CITY COUNCIL OF THE CITY OF
policies and ordinances. DUBUQUE, IOWA:
Section 2. That the preliminary plat of Pinto Section 1. The section title to Section 11-4 of
Ridge Subdivision is hereby approved, and the the City of Dubuque Code of Ordinances is
Mayor and City Clerk are hereby authorized and hereby amended to read as follows: Demolition
directed to endorse the approval of the City of Permits in Demolition Districts.
Dubuque, Iowa upon said plat. Section 2. The opening paragraph of Section
Passed, approved and adopted this 18th day 11-4(a) of the City of Dubuque Code of
of June, 2001. Ordinances is hereby amended to read as
Terrance M. Duggan, Mayor follows:
Application of Section
Attest: Jeanne F. Schneider, City Clerk 11-4(a) : The provisions
Michalski moved adoption of the Resolution. of this Section shall apply to all buildings located
Seconded by Nicholson. Motion carried 7-0. in whole or in part within the following described
demolition districts:
Amendment to Demolition Districts: City Section 3. Section 11-4(b) of the City of
Manager recommending an amendment to the Dubuque Code of Ordinances is hereby
Code of Ordinances regarding Demolition amended to read as follows:
Review by the Historic Preservation
Districts to provide standards for Historic 11-4(b)
Commission
Preservation Commission and Council to use . Upon receiving an application for a
when evaluating a demolition request in a demolition permit for any building subject to this
demolition district,presented and read. Buol section, the building official shall immediately
moved that the communication be received and notify the Historic Preservation Commission of
filed. Seconded by Michalski. Motion carried 7-0. such application.
At its next regular meeting, the Commission
An Ordinance Amending Section 11-4 of the shall recommend to the City Council approval or
City of Dubuque Code of Ordinances regarding denial of the application, or table the application
demolition permits in demolition districts, for additional information for a specified period
presented and read. not to exceed sixty (60) days from the date of
application to the Building Services Department.
A failure of the Commission to take action on the
OFFICIAL PUBLICATION
application within the sixty (60) day period,
ORDINANCE NO. 37-01
unless the applicant requests an extension of
AN ORDINANCE AMENDING SECTION 11-4
such time, shall constitute Commission approval
OF THE CITY OF DUBUQUE CODE OF
thereof. The recommendation of the
ORDINANCES,
WAITING PERIOD FOR
Commission shall be transmitted to the City
, BY AMENDING THE
DEMOLITION PERMITS
Clerk. The City Clerk shall transmit the
SECTION TITLE TO
DEMOLITION PERMITS
recommendation and the application within the
; BY AMENDING
IN DEMOLITION DISTRICTS
sixty (60) day period to the City Council for its
SECTION 11-4(a)
APPLICATION OF
consideration.
; BY AMENDING SECTION 11-4(b)
SECTION
The Commission shall review all of the
REVIEW BY THE HISTORIC PRESERVATION
information submitted by the applicant and shall
; BY AMENDING SECTION 11-
COMMISSION
make a determination as to the following:
4(c)
HISTORIC AND ARCHITECTURAL
(1) Whether the building proposed for
; BY
GUIDELINES AND REVIEW CRITERIA
demolition has historic or architectural
ADDING A NEW SECTION 11-4(d)
significance to the community; and
ECONOMIC GUIDELINES AND REVIEW
(2) Whether denial of the proposed demolition
; AND BY ADDING A NEW
CRITERIA
permit would prevent the property owner from
SECTION 11-4(e)
ACTION BY THE CITY
earning a reasonable economic return on the
.
COUNCIL
property.
Whereas, the City of Dubuque has established
If the Commission finds that denial of the
demolition districts to allow for the City Council’s
application would prevent the property owner
review of demolition permits that might impact
from earning a reasonable economic return on
buildings of historic or architectural significance
the property, or that the building does not have
in such districts; and
any historical or architectural significance to the
Regular Session, June 18, 2001 207
community, the Commission shall recommend the structural soundness of any structures and
approval of the application. their suitability for rehabilitation;
If the Commission finds that denial of the (3) Estimated market value of the property in
application would not prevent the property owner its current condition, after completion of the
from earning a reasonable economic return on proposed demolition, and after renovation of the
the property and that the building has historical existing property for continued use;
or architectural significance to the community, (4) An estimate from an architect, developer,
the Commission shall recommend denial of the real estate consultant, appraiser or other real
permit application. estate professional experienced in rehabilitation,
Section 4. Section 11-4(c) of the City of as to the economic feasibility of rehabilitation or
Dubuque Code of Ordinances is hereby reuse of the existing structure on the property;
amended to read as follows: (5) The amount paid for the property, the date
Historic and architectural significance
11-4(c) of purchase and the person from whom the
guidelines and review criteria.
The report, property was purchased, including a description
“Heritage of Dubuque” dated March 1974 and of the relationship, if any, between the owner of
filed on record on January 27, 1975, shall be record or the applicant and the person from
considered as a comprehensive study for the whom the property was purchased, and any
historical preservation of the city and as one of terms of financing between the seller and buyer;
the guides to be considered at such time as a (6) If the property is income-producing, the
demolition permit is applied for in a reference annual gross income from the property for the
demolition district. The City of Dubuque’s previous two (2) years;
Historic Property Inventory and any subsequent (7) Itemized operating and maintenance
official architectural / historical surveys / expenses for the previous two (2) years, and the
evaluations and nominations to the National depreciation deduction and annual cash flow
Register of Historic Places prepared for any before and after debt service, if any, during the
buildings located within the neighborhoods same period;
described in subsection (a) also shall be (8) The remaining balance on any mortgage or
considered as guidelines at such time. other financing secured by the property and
In determining whether a building has historic or annual debt service, if any, for the previous two
architectural significance, the Commission and (2) years;
the City Council shall consider an application for (9) All appraisals obtained within the previous
a demolition permit in accordance with the two (2) years by the owner or applicant in
standards for review set forth in the Secretary of connection with the purchase, financing or
Standards for Identification and
the Interior’s ownership of the property;
Evaluation
, and any subsequent revisions of (10) Any listing of the property for sale or rent,
these standards and guidelines by the Secretary the price asked and offers received, if any,
of the Interior. The Commission and the City within the previous two (2) years;
Council shall also consider a determination from (11) The assessed value of the property
the State Historical Society of Iowa as to the according to the two (2) most recent
potential eligibility for listing of the building assessments;
proposed for demolition on the National Register (12) The amount of real estate taxes for the
of Historic Places. previous two (2) years and whether or not they
Section 5. Section 11-4 of the City of have been paid;
Dubuque’s Code of Ordinances is hereby (13) The form of ownership or operation of the
amended by adopting the following new property, whether sole proprietorship, for-profit
subsection 11-4(d): or not-for-profit corporation, limited partnership,
Economic Guidelines and Review
11-4(d) joint venture or other;
Criteria
. In determining whether to recommend (14) Any other information considered
approval or denial of the application, the necessary by the Commission to make a
Commission and the City Council may consider determination as to whether the property does or
the information set forth in this subsection. The may yield a reasonable economic return to the
Commission and the City Council may also property owner(s), including but not limited to
investigate strategies which would allow the the income tax bracket of the owner(s) or
property owner to earn a reasonable economic applicants or the principal investor(s) in the
return on the property, may solicit expert property;
testimony, and may require that the applicant (15) Proof of the applicant’s efforts to obtain
make submissions concerning any or all of the financing, tax incentives, preservation grants
following information: and other incentives sufficient to allow the
(1) Estimate of the cost of the proposed applicant to earn a reasonable economic return
demolition; from the property in its current condition, and
(2) A report from a licensed engineer or after renovation of the existing property for
architect with experience in rehabilitation as to continued use; and
208 Regular Session, June 18, 2001
(16) A showing of the applicant’s efforts in Terrance M. Duggan, Mayor
ongoing maintenance and repair. Attest: Jeanne F. Schneider, City Clerk
Section 6. Section 11-4 of the City of Published officially in the Telegraph Herald
th
Dubuque’s Code of Ordinances is hereby newspaper this 25 day of June, 2001.
amended by adopting the following new Jeanne F. Schneider, City Clerk
subsection 11-4(e): 1t 6/25
Action by the City Council
11-4(e) . At its next Buol moved that the requirement that a
regular meeting following receipt of the proposed Ordinance be considered and voted
recommendation of the Commission by the City on for passage at two Council Meetings prior to
Clerk, the City Council shall hold a hearing on the meeting at which it is to be finally passed be
the application for a demolition permit and shall suspended and further moved final
approve, deny or withhold action on the consideration and passage of the Ordinance.
application for a specified period not to exceed Seconded by Michalski. Motion carried 7-0.
ninety (90) days from the date of application to
the Building Services Department, unless the 2763 Balke Street – Construction Ordinance:
applicant requests an extension of such time. If City Manager recommending approval of a
the City Council fails to take action to approve, request from Mrs. Marcella M. Travis to install a
deny or withhold action on the application within retaining wall in City right-of-way at 2763 Balke
the ninety (90) day period, or such extension as Street, presented and read. Buol moved that the
requested by the applicant, the building official communication be received and filed. Seconded
shall issue the permit forthwith. by Robbins. Motion carried 7-0
The City Council may withhold action on the
application to allow the City Council and the An Ordinance Authorizing Marcella M. Travis
Commission an opportunity to investigate the to construct an approximate 3 ½ foot retaining
historical or architectural value of the building to wall seven feet from back-of-curb at 2763 Balke
the community and to take such action as may Street, Dubuque, Iowa, presented and read.
be appropriate to encourage its preservation.
OFFICIAL PUBLICATION
However, nothing in this section shall authorize
ORDINANCE NO. 38-01
the withholding by the building official of a
AN ORDINANCE AUTHORIZING MARCELLA
demolition permit for more than ninety (90) days
M. TRAVIS TO CONSTRUCTAN APPROXI-
from the date of application to the Building
MATE 3-1/2’ RETAINING WALL 7’ FROM
Services Department, unless the applicant
BACK-OF-CURB AT 2765 BALKE STREET,
requests an extension.
DUBUQUE, IOWA
At the hearing, the City Council shall consider
the recommendation of the Commission, any NOW THEREFORE, BE IT ORDAINED BY
information submitted to the Commission by the THE CITY COUNCIL OF THE CITY OF
applicant and any information submitted to the DUBUQUE, IOWA:
City Council by the applicant. Section 1. That Marcella M. Travis as the
If the City Council finds that denial of the owner of the premises known as 2763 Balke
application would prevent the property owner Street, Dubuque, Iowa, and legally described as
from earning a reasonable economic return on Lot 57 Belmont Division, City of Dubuque,
the property or that the building does not have Dubuque County, Iowa, be and she is hereby
any historical or architectural significance to the granted the revocable permit and authority to
community, the City Council shall approve the construct and maintain a 3-1/2’ retaining wall
application. under the terms and conditions set forth in this
If the City Council finds that denial of the Ordinance.
application would not prevent the owner from Section 2. That such construction shall be
earning a reasonable economic return on the done in accordance with plans heretofore
property and that the building has historical or submitted by permittee and approved by the City
architectural significance to the community, the Manager, under the supervision and direction of
City Council shall deny the application. the City Manager, and in accordance with all
If the City Council denies the application, it applicable state and federal laws and
shall state its findings in writing and shall regulations, and the Ordinances of the City of
transmit a copy of such findings to the applicant. Dubuque.
Section 7. This ordinance shall not apply to an Section 3. That the permission herein granted
application for a demolition permit for the is expressly conditioned on permittee’s
building located at 841-846 Central Avenue. agreement to:
Section 8. This ordinance shall take effect a. Assume any and all liability for damages to
immediately upon publication, as provided by persons or property which may result from the
law. existence, location, installation, construction or
th
Passed, approved and adopted this 18 day of maintenance of said 3-1/2’ retaining wall; and
June, 2001.
Regular Session, June 18, 2001 209
b. Procure and maintain in force during the and conditions thereof accepted by permittee by
term of this permit a policy of liability insurance acceptance endorsed on this Ordinance.
as set forth in the attached Insurance Schedule; Section 7. That the City Clerk be and she is
and authorized and directed to file at permittee’s
c. Pay on behalf of the City of Dubuque, all expense a copy of this ordinance in the Office of
sums which the City of Dubuque shall become the Recorder in and for Dubuque County, Iowa.
obligated to pay by reason of the liability Section 8. Iowa One-Call registration is
imposed upon the City of Dubuque for damages required by State Law and can be accomplished
of any kind resulting from the location, by calling 1-800-292-8989 and asking for
installation, existence, construction or Sharon Deyo. Submit documentation to the City
maintenance of said 3-1/2 foot retaining wall Engineering Division of One-Call membership
sustained by any person or persons, caused by when received.
th
accident or otherwise to defend at its own Passed, approved and adopted this 18 day of
expense and on behalf of said City any claim June, 2001.
against the City of Dubuque arising out of the Terrance M. Duggan, Mayor
location, installation, existence, construction or Attest: Jeanne F. Schneider, City Clerk
maintenance of 3-1/2 foot retaining wall and to ACCEPTANCE OF ORDINANCE NO. 38-01
pay reasonable attorney fees therefor; and The undersigned having read and being
d. Indemnify, defend and hold the City of familiar with the terms and conditions of
Dubuque free and harmless from any and all Ordinance No. 38-01, hereby, for themself, their
claims, loss, liability and expense for death successors or assigns, as owner of the abutting
and/or injuries to third persons or damages to property, accept the same and agree to be
property of third persons, or for damage to any bound by the conditions and agreements therein
property of the City of Dubuque which may contained to be performed by permittee.
occur as a result of or in connection with the By: /s/ Marcella M. Travis
location, installation, existence, construction, Title: Property Owner
maintenance and repair of the facility, work or Dated: 05/17/01
improvement permitted herein. Published officially in the Telegraph Herald
th
Section 4. That the permission herein granted newspaper this 25 day of June, 2001.
is expressly conditioned upon permittee’s further Jeanne F. Schneider, City Clerk
agreement that should the right and privilege 1t 6/25
herein granted be rescinded or revoked by the Buol moved that the requirement that a
City Council, permittee, or their successors in proposed Ordinance be considered and voted
interest, as owners of the abutting property, shall on for passage at two Council Meetings prior to
within ten (10) days after receipt of written notice the meeting at which it is to be finally passed be
from the City Manager, so to do, at their own suspended and further moved final
expense, remove said three-foot retaining wall consideration and passage of the Ordinance.
and in the event of their failure to do so, the City Seconded by Robbins. Motion carried 7-0.
of Dubuque shall be authorized to remove said
3-1/2 foot retaining wall retaining wall at Hartig Drug Company – 2225 Central Avenue
permittee’s expense and dispose of the same, – Construction Ordinance: City Manager
and the permittee shall have no claim against recommending approval of a request from Hartig
the City or its agents for damages resulting from Drug Company, 2225 Central, to install a canopy
the removal of said 3-1/2 foot retaining wall. within the City right-of-way, presented and read.
Section 5. That permittee covenants and Markham moved that the communication be
agrees that the revocable permit herein granted received and filed. Seconded by Nicholson.
does not constitute an approval of the design, Motion carried 7-0.
erection, location, construction, repair or
maintenance of said facility and said permittee
An Ordinance Authorizing Hartig Realty IV,
hereby covenants and agrees not to assert such
L.C. to install a canopy at 2225 Central Avenue,
claim or defense against the City of Dubuque in
Dubuque, Iowa, presented and read.
the event of claim asserted for death, personal
injuries and/or property damage against the
OFFICIAL PUBLICATION
permittee arising out of or in any way connected
ORDINANCE NO. 39-01
with the location, installation, construction,
AN ORDINANCE AUTHORIZING HARTIG
design, repair and maintenance of the facility
REALTY IV, L.C. TO CONSTRUCTA CANOPY
herein permitted.
AT 2225 CENTRAL AVENUE, DUBUQUE,
Section 6. This Ordinance shall become
IOWA
effective and the rights hereunder accrue to
NOW THEREFORE, BE IT ORDAINED BY
Marcella M. Travis when this Ordinance has
THE CITY COUNCIL OF THE CITY OF
been adopted by the City Council and the terms
DUBUQUE, IOWA:
210 Regular Session, June 18, 2001
Section 1. That Hartig Realty IV, L.C. as the permittees’ expense and dispose of the same,
owner of the premises known as 2225 Central and the permittees shall have no claim against
Avenue, Dubuque, Iowa, and legally described the City or its agents for damages resulting from
as 2225 Central Avenue, City of Dubuque, the removal of said canopy.
Dubuque County, Iowa, be and they are hereby Section 5. That permittees covenant and agree
granted the revocable permit and authority to that the revocable permit herein granted does
construct and maintain a canopy under the not constitute an approval of the design,
terms and conditions set forth in this Ordinance. erection, location, construction, repair or
Section 2. That such construction shall be maintenance of said facility and said permittees
done in accordance with plans heretofore hereby covenant and agree not to assert such
submitted by permittees and approved by the claim or defense against the City of Dubuque in
City Manager, under the supervision and the event of claim asserted for death, personal
direction of the City Manager, and in accordance injuries and/or property damage against the
with all applicable state and federal laws and permittees arising out of or in any way
regulations, and the Ordinances of the City of connected with the location, installation,
Dubuque. construction, design, repair and maintenance of
Section 3. That the permission herein granted the facility herein permitted.
is expressly conditioned on permittees’ Section 6. This Ordinance shall become
agreement to: effective and the rights hereunder accrue to
a. Assume any and all liability for damages to Hartig Realty IV, L.C. when this Ordinance has
persons or property which may result from the been adopted by the City Council and the terms
existence, location, installation, construction or and conditions thereof accepted by permittees
maintenance of said canopy; and by acceptance endorsed on this Ordinance.
b. Procure and maintain in force during the Section 7. That the City Clerk be and she is
term of this permit a policy of liability insurance authorized and directed to file at permittees’
as set expense a copy of this ordinance in the Office of
forth in the attached Insurance Schedule; and the Recorder in and for Dubuque County, Iowa.
c. Pay on behalf of the City of Dubuque, all Section 8. Iowa One-Call registration is
sums which the City of Dubuque shall become required by State Law and can be accomplished
obligated to pay by reason of the liability by calling 1-800-292-8989 and asking for
imposed upon the City of Dubuque for damages Sharon Deyo. Submit documentation to the City
of any kind resulting from the location, Engineering Division of One-Call membership
installation, existence, construction or when received.
th
maintenance of said canopy sustained by any Passed, approved and adopted this 18 day of
person or persons, caused by accident or June, 2001.
otherwise to defend at its own expense and on Terrance M. Duggan, Mayor
behalf of said City any claim against the City of Attest: Jeanne F. Schneider, City Clerk
Dubuque arising out of the location, installation, ACCEPTANCE OF ORDINANCE NO. 39-01
existence, construction or maintenance of a The undersigned having read and being
canopy and to pay reasonable attorney fees familiar with the terms and conditions of
therefor; and Ordinance No. 39-01, hereby, for themselves,
d. Indemnify, defend and hold the City of their successors or assigns, as owners of the
Dubuque free and harmless from any and all abutting property, accept the same and agree to
claims, loss, liability and expense for death be bound by the conditions and agreements
and/or injuries to third persons or damages to therein contained to be performed by permittees.
property of third persons, or for damage to any By: /s/ D. Hartig
property of the City of Dubuque which may Title: Manager
occur as a result of or in connection with the Dated: 05/28/01
location, installation, existence, construction, Published officially in the Telegraph Herald
th
maintenance and repair of the facility, work or newspaper this 25 day of June, 2001.
improvement permitted herein. Jeanne F. Schneider, City Clerk
Section 4. That the permission herein granted Markham moved that the requirement that a
is expressly conditioned upon permittees’ further proposed Ordinance be considered and voted
agreement that should the right and privilege on for passage at two Council Meetings prior to
herein granted be rescinded or revoked by the the meeting at which it is to be finally passed be
City Council, permittees, or their successors in suspended and further moved final
interest, as owners of the abutting property, shall consideration and passage of the Ordinance.
within ten (10) days after receipt of written notice Seconded by Nicholson. Motion carried 7-0.
from the City Manager, so to do, at their own
expense, remove said canopy and in the event
2570 Green Street – Construction Ordinance:
of their failure to do so, the City of Dubuque
City Manager recommending approval of a
shall be authorized to remove said canopy at
Regular Session, June 18, 2001 211
request from Judith Bakey-Rahe to place a maintenance of three-foot retaining wall and to
retaining wall within City right-of-way at 2570 pay reasonable attorney fees therefor; and
,
Green Streetpresented and read. Michalski d. Indemnify, defend and hold the City of
moved that the communication be received and Dubuque free and harmless from any and all
filed. Seconded by Nicholson. Motion carried 7-claims, loss, liability and expense for death
0. and/or injuries to third persons or damages to
property of third persons, or for damage to any
An Ordinance Authorizing Judith Bakey-Rahe property of the City of Dubuque which may
to construct a three-foot retaining wall at 2570 occur as a result of or in connection with the
Green Street, Dubuque, Iowa, presented and location, installation, existence, construction,
read. maintenance and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission herein granted
OFFICIAL PUBLICATION
is expressly conditioned upon permittee’s further
ORDINANCE NO. 40-01
agreement that should the right and privilege
AN ORDINANCE AUTHORIZING JUDITH C.
herein granted be rescinded or revoked by the
BAKEY-RAHE TO CONSTRUCTA THREE-
City Council, permittee, or their successors in
FOOT RETAINING WALL AT 2570 GREEN
interest, as owners of the abutting property, shall
STREET, DUBUQUE, IOWA
within ten (10) days after receipt of written notice
NOW THEREFORE, BE IT ORDAINED BY
from the City Manager, so to do, at their own
THE CITY COUNCIL OF THE CITY OF
expense, remove said three-foot retaining wall
DUBUQUE, IOWA:
and in the event of their failure to do so, the City
Section 1. That Judith C. Bakey-Rahe as the
of Dubuque shall be authorized to remove said
owner of the premises known as 2570 Green
three-foot retaining wall at permittee’s expense
Street, Dubuque, Iowa, and legally described as
and dispose of the same, and the permittee shall
Lot 1-1-1-1-2-11-2 J.P. Mettel, City of Dubuque,
have no claim against the City or its agents for
Dubuque County, Iowa, be and she is hereby
damages resulting from the removal of said
granted the revocable permit and authority to
three-foot retaining wall.
construct and maintain a three-foot retaining wall
Section 5. That permittee covenants and
under the terms and conditions set forth in this
agrees that the revocable permit herein granted
Ordinance.
does not constitute an approval of the design,
Section 2. That such construction shall be
erection, location, construction, repair or
done in accordance with plans heretofore
maintenance of said facility and said permittee
submitted by permittee and approved by the City
hereby covenants and agrees not to assert such
Manager, under the supervision and direction of
claim or defense against the City of Dubuque in
the City Manager, and in accordance with all
the event of claim asserted for death, personal
applicable state and federal laws and
injuries and/or property damage against the
regulations, and the Ordinances of the City of
permittee arising out of or in any way connected
Dubuque.
with the location, installation, construction,
Section 3. That the permission herein granted
design, repair and maintenance of the facility
is expressly conditioned on permittee’s
herein permitted.
agreement to:
Section 6. This Ordinance shall become
a. Assume any and all liability for damages to
effective and the rights hereunder accrue to
persons or property which may result from the
Judith C. Bakey-Rahe when this Ordinance has
existence, location, installation, construction or
been adopted by the City Council and the terms
maintenance of said three-foot retaining wall;
and conditions thereof accepted by permittee by
and
acceptance endorsed on this Ordinance.
b. Procure and maintain in force during the
Section 7. That the City Clerk be and she is
term of this permit a policy of liability insurance
authorized and directed to file at permittee’s
as set forth in the attached Insurance Schedule;
expense a copy of this ordinance in the Office of
and
the Recorder in and for Dubuque County, Iowa.
c. Pay on behalf of the City of Dubuque, all
Section 8. Iowa One-Call registration is
sums which the City of Dubuque shall become
required by State Law and can be accomplished
obligated to pay by reason of the liability
by calling 1-800-292-8989 and asking for
imposed upon the City of Dubuque for damages
Sharon Deyo. Submit documentation to the City
of any kind resulting from the location,
Engineering Division of One-Call membership
installation, existence, construction or
when received.
maintenance of said three-foot retaining wall
Passed, approved and adopted this 18th day
sustained by any person or persons, caused by
of June, 2001.
accident or otherwise to defend at its own
Terrance M. Duggan, Mayor
expense and on behalf of said City any claim
Attest: Jeanne F. Schneider, City Clerk
against the City of Dubuque arising out of the
ACCEPTANCE OF ORDINANCE NO. 40-01
location, installation, existence, construction or
212 Regular Session, June 18, 2001
The undersigned having read and being be lawful for the operator of any motor vehicle to
familiar with the terms and conditions of stand or park in the following downtown bus
Ordinance No. 40-01, hereby, for themselves, stops or passenger zones:
their successors or assigns, as owner of the (1) Ninth Street, south side, Main Street, west
abutting property, accept the same and agree to to the Alley.
be bound by the conditions and agreements (2) Main Street, west side, Ninth Street to
therein contained to be performed by permittee. Tenth Street.
By: /s/ Judith C. Bakey-Rahe (3) Third Street, north side, Main Street west
Title: Property Owner to the Alley.
Dated: June 4, 2001 Section 2. This ordinance shall take effect
Published officially in the Telegraph Herald upon publication.
thth
newspaper this 25 day of June, 2001. Passed, approved and adopted this 18 day of
Jeanne F. Schneider, City Clerk June, 2001.
1t 6/25 Terrance M. Duggan, Mayor
Michalski moved that the requirement that a Attest: Jeanne Schneider, City Clerk
proposed Ordinance be considered and voted Published officially in the Telegraph Herald the
th
on for passage at two Council Meetings prior to 25 day of June, 2001.
the meeting at which it is to be finally passed be Jeanne F. Schneider, City Clerk
suspended and further moved final 1t 6/25
consideration and passage of the Ordinance. Robbins moved that the requirement that a
Seconded by Nicholson. Motion carried 7-0. 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
Establishment of Bus Parking on Third Street -
suspended and further moved final
Iowa Welcome Center: City Manager
consideration and passage of the Ordinance.
recommending establishment of a bus parking
Seconded by Nicholson. Motion carried 7-0.
area on Third Street for the Iowa Welcome
Center, presented and read. Robbins moved
that the communication be received and filed. Municipal Parking Lot #1 – Residential Permit
Seconded by Nicholson. Motion carried 7-0. Parking for Iowa Inn Development: City Manager
recommending establishment of a residential
An Ordinance Amending the City of Dubuque permit parking area in Municipal Parking Lot #1,
Code of Ordinances by repealing Section 32-located at Ninth and Iowa Streets, for the Iowa
265 and enacting a new Section 32-265, Inn Development Project, presented and read.
presented and read. Robbins moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-01
An Ordinance Amending the City of Dubuque
AN ORDINANCE AMENDING THE CITY OF
Code of Ordinances Section 32-339 Establishing
DUBUQUE CODE OF ORDINANCES BY
Residential Permit Parking in Municipal Lot #1,
REPEALING SECTION 32-265 AND
presented and read.
ENACTING A NEW SECTION 32-265.
NOW, THEREFORE BE IT ORDAINED BY
OFFICIAL PUBLICATION
THE CITY COUNCIL OF THE CITY OF
ORDINANCE NO. 42-01
DUBUQUE, IOWA:
AN ORDINANCE AMENDING THE CITY OF
Section 1. Sec. 32-265 of the City of Dubuque
DUBUQUE CODE OF ORDINANCES SEC-
Code of Ordinances is repealed and a new
TION 32-339 ESTABLISHING RESIDENTIAL
Section 32-265 is enacted as follows:
PERMIT PARKING IN MUNICIPAL LOT #1
32-265 Bus stops or passenger zones
Where spaces have been set apart by signs or NOW, THEREFORE BE IT ORDAINED BY
marking for bus stops or passenger zones, it THE CITY COUNCIL OF THE CITY OF
shall be unlawful for the operator of any vehicle, DUBUQUE, IOWA:
other than a bus, to stand or park in any officially Section 1. Sec. 32-339 (b) of the City of
designated bus stop, except that the operator of Dubuque Code of Ordinances is amended by
any passenger vehicle may temporarily stop in adding paragraph (4) as follows:
any such bus space or stop for the purpose of (4) In the case of municipal lot #1, one
and while actually engaged in the loading or residential permit per unit, up to twenty-seven
unloading of passengers. (27) permits may be issued to person’s whose
Between the hours of six o’clock (6:00) P.M. to principal address is listed as the Cornerstone
th
six o’clock (6:00) A.M., Monday through Place located at 9 & Iowa.
Saturday, all day Sunday, and on those holidays Section 2. This ordinance shall take effect
set forth in section 32-335 of this article, it shall upon publication.
Regular Session, June 18, 2001 213
TH
Passed, approved and adopted this 18 day Whereas, MCCIowa LLC agrees to honor and
of June, 2001. perform the requirements of the existing cable
Terrance M. Duggan, Mayor television franchise and the related side
Attest: Jeanne Schneider, City Clerk agreements, and to enter into timely and good
Published officially in the Telegraph Herald faith negotiations regarding renewal of the
TH
newspaper this 25 day of June, 2001. franchise.
Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY
1t 6/25 THE CITY COUNCIL OF THE CITY OF
Robbins moved that the requirement that a DUBUQUE, IOWA:
proposed Ordinance be considered and voted Section 1. That the transfer of the Cable
on for passage at two Council Meetings prior to Television Services Franchise from TCI of Iowa,
the meeting at which it is to be finally passed be Inc. to MCCIowa LLC is hereby consented to.
suspended and further moved final Section 2. That the attached Franchise
consideration and passage of the Ordinance. Transfer Agreement is hereby approved and the
Seconded by Nicholson. Motion carried 7-0. City Manager is authorized to sign and
administer this agreement on behalf of the City
of Dubuque.
Freedom, Inc./City of Dubuque: City Manager
th
Passed, approved and adopted this 18 day of
recommending approval of an Agreement for
June, 2001.
Post-Lease Mutual Option by the City and
Terrance M. Duggan, Mayor
Freedom, Inc. with respect to the property
Attest: Jeanne F. Schneider, City Clerk
,
located on Salina St.presented and read.
Michalski moved adoption of the Resolution.
Markham moved that the communication be
Seconded by Nicholson. Motion carried 7-0.
received and filed and recommendation
approved. Seconded by Buol. Motion carried 7-
Downtown Rehab Loan Commitment – 378
0.
Main Street: City Manager recommending
approval of a Downtown Rehab Loan
Cable Television Franchise: City Manager
Commitment to Clark Wolff for property located
recommending approval of the transfer of the
at 378 Main Street, presented and read.
AT&T Broadband (TCI of Iowa, Inc.) Dubuque
Robbins moved that the communication be
cable television franchise to MCC Iowa LLC,
received and filed. Seconded by Nicholson.
presented and read. Robbins moved that the
Motion carried 7-0.
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 276-01
A RESOLUTION AUTHORIZING A LETTER
RESOLUTION NO. 275-01
OF COMMITMENT AND ADDITIONAL
A RESOLUTION OF THE CITY OF DUBUQUE
ACTIONS CONCERNING A DOWNTOWN
CONSENTING TO THE TRANSFER OF AN
REHABILITATION LOAN TO CLARK WOLFF
EXISTING CABLE TELEVISION SERVICES
FOR PROPERTY AT 378 MAIN STREET.
FRANCHISE TO MEDIACOM COMMUNI-
Whereas, the City of Dubuque, Iowa, has
CATIONS, INC.
created a Downtown Rehabilitation Loan
Whereas, A T & T Broadband, d/b/a TCI of
Program for the purpose of stimulating
Iowa, Inc. is the current holder of a Cable
reinvestment in the Downtown Dubuque Urban
Television Services franchise granted October 1,
Renewal District; and
1981 by Ordinance No. 42-81, and
Whereas, the City of Dubuque, Iowa is
Whereas, AT & T Broadband desires to sell its
encouraging the use of this loan program to
Dubuque cable system and transfer its Dubuque
finance code compliance activities and to spur
franchise to MCCIowa LLC, an affiliate of
job creation activities; and
Mediacom Communications, Inc. and in
Whereas, the loan application from Clarke
accordance with Ordinance No. 42-81 has
Wolff for property at 378 Main Street meets the
requested the consent of the Dubuque City
requirements of this program; and
Council to the transfer; and
Whereas, a Commitment Letter, hereto
Whereas, City staff, with the assistance of
attached and by this reference made a part
consulting attorneys and accountants, have
hereof, sets forth the terms and conditions of
reviewed the legal, technical and financial
Clark Wolff’s participation in the Downtown
qualifications of MCCIowa LLC to operate the
Rehabilitation Loan Program.
Dubuque system, and have negotiated terms of
NOW, THEREFORE, BE IT RESOLVED BY
a franchise transfer agreement to protect and
THE CITY COUNCIL OF THE CITY OF
continue the requirements and benefits of the
DUBUQUE, IOWA:
franchise and several related side agreements in
Section 1. That the application of Clark Wolff
the transfer,
for participation in the Downtown Rehabilitation
214 Regular Session, June 18, 2001
Loan Program is hereby accepted and `And Whereas. the City Council now desires to
approved. establish the fair market value of the Property.
Section 2. That the Mayor is hereby NOW, THEREFORE, BE IT RESOLVED BY
authorized to execute, on behalf of the City THE CITY COUNCIL OF THE CITY OF
Council of the City of Dubuque, Iowa, the DUBUQUE, IOWA:
attached Commitment Letter and to forward said 1. The fair market value of the Property is
letter to Clark Wolff for review and approval. hereby established to be $72,000.00.
Section 3. That the City Manager be and he is 2. The City Manager and the Corporation
hereby directed to prepare, upon execution and Counsel are hereby authorized to commence
receipt of the attached Commitment Letter by negotiations with the Owner of the Property and
the applicant, the necessary loan documents in any other interested parties for the purchase of
accordance with the terms and conditions set the Property for a purchase price which is not
forth in said Commitment Letter. less than the fair market value established by
Section 4. That the City Manager is hereby this Resolution.
th
authorized to execute, on behalf of the City Passed, approved and adopted this 18 day of
Council of the City of Dubuque, Iowa, all June, 2001.
necessary loan documents and is further Terrance M. Duggan, Mayor
authorized to disburse loan funds from the Attest: Jeanne F. Schneider, City Clerk
Downtown Rehabilitation Loan Program, in Buol moved adoption of the Resolution.
accordance with the terms and conditions of the Seconded by Nicholson. Motion carried 7-0.
executed agreement.
Passed, approved and adopted this 18th day COUNCIL MEMBER REPORTS
of June, 2001.
Terrance M. Duggan, Mayor Michalski commented upon a glitch in the
Attest: Jeanne F. Schneider, City Clerk storm warning system during the recent hail
Robbins moved adoption of the Resolution. storm. Markham gave an update on departing
Seconded by Nicholson. Motion carried 7-0. Airport Manager Kraemer and the process of
recruitment for his replacement.
Storm Water Detention Basin: City Manager
recommending establishment of the Fair Market ITEMS TO BE SET FOR PUBLIC HEARING
Value for the acquisition of property for the
purpose of constructing a storm water detention CDBG Curb Ramp Installation Program No. 2
facility, presented and read. Buol moved that the – Initiate: City Manager recommending initiation
communication be received and filed. Seconded of the bidding process for the CDBG Curb Ramp
by Nicholson. Motion carried 7-0. Installation Program #2 and that a public hearing
be set for July 16, 2001, presented and read.
Michalski moved that the communication be
RESOLUTION NO. 277-01
received and filed. Seconded by Nicholson.
ESTABLISHING FAIR MARKET VALUE FOR
Motion carried 7-0.
THE ACQUISITION OF CERTAIN REAL
PROPERTY OWNED BY IOWA NORTHWEST
RESOLUTION NO. 278-01
DEVELOPMENT COMPANY IN THE CITY OF
PRELIMINARY APPROVAL OF PLANS
DUBUQUE, IOWA
AND SPECIFICATIONS
Whereas, the City of Dubuque (City) intends to
NOW THEREFORE, BE IT RESOLVED BY
acquire certain real property owned by Iowa
THE CITY COUNCIL OF THE CITY OF
Northwest Development Company (Owner),
DUBUQUE, IOWA:
legally described as follows: (the Property):
That the proposed plans, specifications, form
Lots 1, 2, 3 and 4 of Carter Valley West in the
of contract and estimated cost for the 2001 Curb
City of Dubuque, Dubuque County, Iowa
Ramp Installation – CDBG Project #2 in the
for the purpose of constructing a storm water
estimated amount of $31,694.58, are hereby
detention facility;
approved and ordered filed in the office of the
And Whereas, Iowa law requires that City must
City Clerk for public inspection.
make a good faith effort to negotiate with the
th
Passed, adopted and approved this 18 day of
Owner to purchase the Property or property
June, 2001.
interest before proceeding with condemnation;
Terrance M. Duggan, Mayor
And Whereas, City may not make an offer to
Attest: Jeanne F. Schneider, City Clerk
purchase the Property which is less than the fair
Michalski moved adoption of the Resolution.
market value City has established for the
Seconded by Nicholson. Motion carried 7-0.
Property;
And Whereas, City has caused an appraisal of
RESOLUTION NO. 279-01
the Property to be made and the appraised
FIXING DATE OF HEARING ON
value of the Property is $72,000.00.
PLANS AND SPECIFICATIONS
Regular Session, June 18, 2001 215
Whereas, the City Council of the City of Michalski moved adoption of the Resolution.
Dubuque, Iowa has given its preliminary Seconded by Nicholson. Motion carried 7-0.
approval on the proposed plans, specifications,
and form of contract and placed same on file in Voluntary Annexation – W.C. Stewart: City
the office of the City Clerk for public inspection Manager recommending that a public hearing be
of the 2001 Curb Ramp Installation – CDBG set for July 2, 2001 to consider the voluntary
Project #2. annexation request of W.C. Stewart for property
NOW THEREFORE, BE IT RESOLVED BY located at 8000 Old Highway Road, presented
THE CITY COUNCIL OF THE CITY OF and read. Michalski moved that the
DUBUQUE, IOWA: communication be received and filed. Seconded
th
That on the 16 day of July, 2001, a public by Nicholson. Motion carried 7-0.
hearing will be held at 6:30 p.m. in the Public
Library Auditorium, at which time interested
RESOLUTION NO. 281-01
persons may appear and be heard for or against
RESOLUTION ANNEXING CERTAIN
the proposed plans and specifications, form of
PROPERTY TO THE CITY OF DUBUQUE,
contract and cost of said improvement, and the
IOWA, CONCURRENT WITH REZONING
City Clerk be and is hereby directed to cause a
FROM COUNTY R-1 RURAL RESIDENTIAL
notice of time and place of such hearing to be
TO CITY R-1 SINGLE-FAMILY RESIDENTIAL
published in a newspaper having general
DISTRICT ZONING DISTRICT.
circulation in the City of Dubuque, Iowa, which
Whereas Wayne Stewart, property owner, has
notice shall be not less than four days nor more
voluntarily petitioned for annexation of
than twenty days prior to the day fixed for its
approximately 25 acres of property lying outside
consideration. At the hearing, any interested
of the corporate limits of the City of Dubuque,
person may appear and file objections to the
Iowa, as shown in Exhibit A; and
proposed plans, specifications, contract, or
Code of Iowa
Whereas, Chapter 368 of the
estimated cost of the improvement.
authorizes the extension of City limits in
th
Passed, adopted and approved this 18 day of
situations of this character by adoption of a
June, 2001.
resolution after notification as required by State
Terrance M. Duggan, Mayor
regulations; and
Attest: Jeanne F. Schneider, City Clerk
Whereas, this request has been found to be
Michalski moved adoption of the Resolution.
consistent with the Comprehensive Plan and the
Seconded by Nicholson. Motion carried 7-0.
Future Land Use Map of the Comprehensive
Plan; and
RESOLUTION NO. 280-01
Whereas, the future growth and development
ORDERING BIDS
of the City of Dubuque, Iowa, make it desirable
NOW THEREFORE, BE IT RESOLVED BY
that said property be made part of the City of
THE CITY COUNCIL OF THE CITY OF
Dubuque, Iowa.
DUBUQUE, IOWA:
NOW THEREFORE, BE IT RESOLVED BY
That the 2001 Curb Ramp Installation – CDBG
THE CITY COUNCIL OF THE CITY OF
Project #2 is hereby ordered to be advertised for
DUBUQUE, IOWA:
bids for construction.
Section 1. That the territorial limits of
BE IT FURTHER RESOLVED, that the amount
Dubuque, Iowa, be, and they hereby are
of the security to accompany each bid shall be in
extended to include the property legally
an amount which shall conform to the provisions
described as Lot 2, except the west 20 acres
of the notice to bidders hereby approved as a
thereof, of Mason Cate Estates Section 36,
th
part of the plans and specifications heretofore
T89N, R2E of the 5 P.M. in Dubuque County.
adopted.
Section 2. The territory hereby annexed shall
That the City Clerk is hereby directed to
become a part of the 7th Precinct of the 2nd
advertise for bids for the construction of the
Ward of the City of Dubuque, Iowa.
improvements herein provided, to be published
Section 3. That the City Clerk shall file this
in a newspaper having general circulation in the
resolution, all exhibits and the petition for
City of Dubuque, Iowa, which notice shall not be
voluntary annexation with the State of Iowa in
less than four days nor more than forty-five days
accordance with State regulations.
th
prior to the receipt of said bids at 2:00 p.m. on
Passed, approved and adopted this 18 day of
th
the 5 day of July, 2001. Bids shall be opened
June, 2001.
and read by the City Clerk at said time and will
Terrance M. Duggan, Mayor
be submitted to the Council for final action at
Attest: Jeanne F. Schneider, City Clerk
th
6:30 p.m. on the 16 day of July, 2001.
Michalski moved adoption of the Resolution
th
Passed, adopted and approved this 18 day of
and further set this matter for Public Hearing on
June, 2001.
7-2-01 at a meeting to commence at 6:30 P.M.
Terrance M. Duggan, Mayor
in the Public Library Auditorium and direct the
Attest: Jeanne F. Schneider, City Clerk
City Clerk to publish notice in the manner
216 Regular Session, June 18, 2001
RESOLUTION NO. 283-01
prescribed by law. Seconded by Nicholson.
RESOLUTION OF INTENT TO DISPOSE OF
Motion carried 7-0.
CITY INTEREST IN LOT 1A BLOCK 1
DUBUQUE DOWNTOWN PLAZA, DUBUQUE,
Vacating of Eighth Street: City Manager
IOWA
recommending that a public hearing be set for
July 2 2001 to consider the vacating of Eighth Whereas, the Dubuque County Board of
th
Street between Central Avenue and Iowa Street Supervisors have requested the vacating of 8
at the request of Dubuque County for expansion Street between Central Avenue and Iowa Street.
of the Dubuque Law Enforcement Center, Whereas, IIW Engineers & Surveyors, P.C.
presented and read. Michalski moved that the has prepared and submitted to the City Council
th
communication be received and filed. Seconded a plat showing the vacated portion of 8 Street
by Nicholson. Motion carried 7-0. between Central Avenue and Iowa Street and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lot 1A Block 1
RESOLUTION NO. 282-01
Dubuque Downtown Plaza, in the City of
RESOLUTION APPROVING PLAT OF
th
Dubuque, Iowa; and
PROPOSED VACATED 8 STREET
Whereas, the City Council of the City of
BETWEEN CENTRAL AVENUE AND IOWA
Dubuque, Iowa has determined that this portion
STREET
th
of 8 Street between Central Avenue and Iowa
Whereas, there has been presented to the City
Street is no longer required for public use,
Council of the City of Dubuque, Iowa, a plat
except for utility easements as noted, and
dated June 13, 2001, prepared by IIW Engineers
vacating and sale of said portions of alleys and
& Surveyors, P.C., describing the proposed
th
streets known as Lot 1A Block 1 Dubuque
vacated portion of 8 Street between Central
Downtown Plaza in the City of Dubuque,
Avenue and Iowa Street; and
Dubuque County, Iowa should be approved.
Whereas, said plat conforms to the laws and
NOW THEREFORE, BE IT RESOLVED BY
statutes pertaining thereto.
THE CITY COUNCIL OF THE CITY OF
NOW THEREFORE, BE IT RESOLVED BY
DUBUQUE, IOWA:
THE CITY COUNCIL OF THE CITY OF
Section 1. That the City of Dubuque intends to
DUBUQUE, IOWA:
dispose of its interest in Lot 1A Block 1 Dubuque
Section 1. That the plat dated June 13, 2001,
Downtown Plaza, in the City of Dubuque, Iowa.
prepared by IIW Engineers and Surveyors, P.C.
Section 2. That the conveyance of Lot 1A
relative to the real estate hereinabove described
Block 1 Dubuque Downtown Plaza, in the City of
be and the same is hereby approved, and the
Dubuque, Iowa to the Dubuque County Board of
Mayor and City Clerk be and they are hereby
Supervisors be contingent upon the payment of
authorized and directed to execute said plat for
$1.00, plus platting, publication and filing fees.
and on behalf of the City of Dubuque, Iowa.
Section 3. The City of Dubuque reserves unto
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.,
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
the City of Dubuque, Iowa.
Section 4. That the westerly 20 feet of Lot 1A
Section 3. That the westerly 20 feet of Lot 1A
of Block 1 of Dubuque Downtown Plaza be
of Block 1 of Dubuque Downtown Plaza be
reserved as a public access easement as shown
reserved as a public access easement as shown
on the plat thereof.
on the plat thereof.
Section 5. That the City Clerk be and is hereby
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
authorized and directed to file said plat and
intent to dispose of said real estate to be
certified copy of this resolution in the office of
published in the manner as prescribed by law.
the Recorder, in and for Dubuque County, Iowa.
th
th
Passed, approved and adopted this 18 day of
Passed, approved and adopted this 18 day of
June, 2001.
June, 2001.
Terrance M. Duggan, Mayor
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
Michalski moved adoption of the Resolution.
and further set this for Public Hearing on 7/2/01
Seconded by Nicholson. Motion carried 7-0.
at a meeting to commence at 6:30 P.M. in the
Public Library Auditorium and direct the City
Clerk to publish notice in the manner prescribed
Regular Session, June 18, 2001 217
by law. Seconded by Nicholson. Motion carried
7-0. Approved:__________________________2001
Adopted:___________________________2001
At 9:00 P.M. Buol moved go into Closed
Session re: Property Acquisition and Pending
Litigation (Iowa Code Chapter 21-.5(1)(j)(c).
______________________________________
Seconded by Nicholson. Motion carried 7-0.
Mayor
At 9:36 P.M. Council reconvened Regular
______________________________________
Session stating Staff had been given proper
direction.
______________________________________
There being no further business, Buol moved
______________________________________
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 9:37 P.M.
______________________________________
/s/ Jeanne F. Schneider
______________________________________
City Clerk
1t 6/27
______________________________________
Council Members
Attest:
______________________________________
City Clerk