2001 February Council Proceedings
Regular Session, February 5, 2001
19
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DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, February 5,
2001
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski, Nicholson,
Robbins, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
the regular session of the City Council called for
the purpose of acting upon such business which
may properly come before the City Council.
Invocation was given by Reverend Anthony
Noel, Pastor of Abundant Harvest Church of
God.
Ralph Vedder of Divine Word Seminary in
Epworth introduced two students with a group of
students from France who addressed the
Council expressing appreciation for this
introduction to our city government.
.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
12/28/01, 1/03, and 1/08; Cable Community
Teleprogramming Commission of 1/9; City
Council of 1/11 and 1/15; Civil Service
Commission of 12/27/00; Environmental
Stewardship Advisory Commission of 1/9; Five
Flags Commission of 12/18/00 and 1/15/01;
Housing Commission Trust Fund of 1/18;
Human Rights Commission of 11/13/00;
Investment Oversight Commission of 1/18; Long
Range Planning Advisory Commission
Downtown Planning Committee of 1/8; Park and
Recreation Commission of 1/9; Transit Board of
1/17, presented and read. Buol moved that the
minutes be received and filed. Seconded by
Robbins. Motion carried 7.0.
Proof of Publication for Councii Proceedings of
1/2/00,1/11, and 1/15; presented and read. Buol
moved that the proofs be received and filed.
Seconded by Robbins. Motion carried 7-0.
Printed Council Proceedings for December
2000, presented and read. Buol moved that the
proceedings be approved as printed. Seconded
by Robbins. Motion carried 7-0.
.
Finance Director submitting the Financial
Reports for the month ending December 31,
2000; Quarterly Report of the Investment
Oversight Advisory Commission, presented and
read. Buo! moved that the reports be received
and filed. Seconded by Robbins. Motion carried
7-0.
Substance Abuse Services Center Second
Quarter Report, presented and read. Buol
moved that the report be received and filed.
Seconded by Robbins. Motion carried 7-0.
Notice of Claims/Suits: Ross Ball in estimated
amount of $270 for property damage; Thomas J.
and Michelle M. Frick in undetermined amount
for vehicle damage and personal injuries; Grove
Tool, Inc. in estimated amount of $209 for
vehicle damage; Kathleen M_ Kane in estimated
amount of $48.74 for vehicle damage;
Mackenzie Kylmanen for personal injuries; Kelly
Larson in undetermined amount for vehicle
damage; Lois Link fn undetermined amount for
personal injuries; Mercy Health Center in
estimated amount of $191.20 for property
damage; Kim Mesch in estimated amount of
5367.41 for property damage; Monte Carlo
Restaurant in undetermined amount for loss of
business; Brian C. Noel in undetermined amount
for vehicle damage; Mary C. Oglesby in
undetermined amount for personal injuries;
Susan A. Walgamuth in undetermined amount
for vehicle damage, presented and read. Buol
moved that the claims and suits be referred to
the Legal Staff for investigation and report.
Seconded by Robbins. Motion carried 7-0.
Corporation Counsel advising the following
claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Vicki Bechen for
property damage; Ronnie Hess for vehicle
damage; Thomas and Michelle Frick for vehicle
damage; State Farm Insurance for property
damage; The Shot Tower Inn for loss of
business; and John Vollenweider for vehicle
damage, presented and read. Buol moved that
the communications be received and filed and
concurred with the recommendations. Seconded
by Robbins. Motion carried 7-0.
Corporation Counsel recommending
settlement of the claims of David and Monica
Ackley in the amount 5275.53 for vehicle
damage; Grove Tool, Inc. in the amount of 5209
for vehicie damage; Kelly LeFevour in the
amount of $114.18 for tire damage; and Mercy
Medical Center in the amount of $191.20 for
property damage, presented and read. Buol
moved that the communications be received and
filed and approved settlement and Finance
Director be directed to issue the appropriate
checks. Seconded by Robbins. Motion carried 7-
O.
20
Regular Session, February 5, 2001
Corporation Counsel recommending denial of
the property damage claim at Ross Ball; the
property damage claim of Don Ernzen; and the
vehicle damage claim of Rhonda Gotto;
Corporation Counsel recommending that the
sewer backup claim of Dolores M. Katz be
referred to Tschiggfrie Excavating Company,
presented and read. Buol moved that the
communications be received and filed and
concurred with the dispositions. Seconded by
Robbins. Motion carried 7-0.
Corporation Counsel advising that the property
damage claim of Phil Meyer has been forwarded
to County Attorney Fred McCaw for payment,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
Citizen Communications: Communication of
Peter Seitz regarding radon levels within the
City; Communications of Dick Wertzberger and
Walter Pregler regarding the Town Clock Plaza
issue, presented and read. Buol moved that the
communications be received and filed.
Seconded by Robbins. Motion carried 7-0.
Plastic Center, Inc.lUnited Rental Property:
City Manager recommending approval of a
Purchase Agreement with Plastic Center, Inc. for
purchase of the United Rental Property,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Robbins. Motion carried 7-0.
Dubuque Metropolitan Area Solid Waste
Agency: Communication from Jan Hess, Agency
Secretary, submitting the tipping fees and
budget for the Dubuque Metropolitan Area Solid
Waste Agency Landfill for Fiscal Year 2002,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
December 27, 2000
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 at the 1999
Code of Iowa, an examination for the position of
Truck Driver was given on December 14, 2000.
We hereby certify that the Individuals listed on
the attached sheet have passed this written
examination and the vacancy iar this position
should be made from this list and that this list is
good for two (2) years from above date.
TRUCK DRIVER
CERTIFiED LIST
Garry Clauer
Richard Heston
Steve Siefker
Thomas Berger
Tim Leibold
Herb Deutmeyer
Robert Wissing
Torn Kuehn
Clint Sharkey Raymond Stuart
Robert Barry Pat De Heck
Jeffrey Simons Steven Clewell
Kevin Hammond Steven Meyers
Owen Rohr Alan Meier
Randy Vaske Patrick Klein
Duane Schreiber Steven Vandal
Brian Odefey Kenneth Deckert
Martin Deckert Tom Paar
John Link Kevin Merkes
Mark Hanson Ronnie Jaacks
Richard Meyer Shawn Roth
Respectfully submitted,
Isl Loras J. Kluesner, Chairperson
Is! Merle Duehr
Civil Service Commission
January 18, 2001
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 1999
Code of Iowa, an examination for the position of
Information Technology Specialist was
conducted. We hereby certify that the individuals
. have passed this written examination and the
vacancy for this position should be made from
this list and that this list is good for two (2) years
from above date.
INFORMATION TECHNOLOGY SPECIALIST
Christine Olsowka Brian Ricke
Barb Goebel Richard Grace
Joseph Pregler Michael Latimer
Kim Wertzer Leonard Stroschein
Respectfully submitted,
Isl Loras J. Kluesner, Chairperson
Isl Merle Duehr
Civil Service Commission
Buol moved that the above Civil Service
certifications for Truck Driver and Information
Technology Specialist be made a matter of
record. Seconded by Robbins. Motion carried 7-
O.
City Manager submitting the fifth edition of the
annual "River Town Rents" survey from the
Housing Trust Fund Committee, presented and
read. Buol moved that the communication be
received and filed. Seconded by Robbins.
Motion carried 7.0.
Eighth Street . Acceptance: City Manager
recommending acceptance of the Eighth Street
Reconstruction Project in the final contract
amount of $1,169,718.88, presented and read.
Buol moved that the communication be received
and filed. Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 21-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Eighth Street
Reconstruction Project (Locust Street to Iowa
Regular Session, February 5, 2001
21
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Street) has been completed and the City
Manager has examined the work and flied his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he Is hereby directed to pay to
the contractor from the General Fund In amount
equal to the amount of this contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 5" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7.0.
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RESOLUTION NO. 22-01
FINAL ESTIMATE
Whereas, the contract for the Eighth Street
Reconstruction Project (Locust Street to Iowa
Street) has been completed and the City
Engineer has submitted his final estimate
showing the cost thereof Including the cost of
estimates, notices and inspection and all
miscellaneous costs:
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $1,169,718.88.
Section 2. That $248,652.26 of the cost
thereof shall be assessable upon private
property and $921,066.62 shall be paid from the
Generai Fund.
Passed, approved and adopted this 5" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
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RESOLUTION NO. 23-01
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE EIGHTH
STREET RECONSTRUCTION PROJECT
(LOCUST STREET TO IOWA STREET)
iNCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH ASSESS-
MENTS ARE DIVIDED, THE INTEREST ON
ALL UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE PAYABLE
AND DIRECTiNG THE CLERK TO CERTIFY
THE FINAL SCHEDULE AND TO PUBLISH
NOTICE THEREOF,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the Eighth Street Reconstruction
Project (Locust Street to iowa Street) under
contract with Portzen Construction Co., of
Dubuque, Iowa, which final plat and schedule
were filed In the office of the City Clerk on the
31 st day of January, 2001, the said schedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final' schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be In
proportion to the special benefits conferred and
not In excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
01 Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid In full or in part
without interest at the office of the County
Treasurer, at any time within 30 days after the
date of the first publication of this notice of the
filing of the final schedule of assessments with
the County Treasurer. After 30 days unpaid
assessments of $50.00 or more are payable in
10 annual installments and will draw annual
interest at nine percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment will
be delinquent from October 1 following its due
date on July 1 of each year. Property owners
may elect to pay any annual installments
semiannually in advance.
22
Regular Session, February 5, 2001
Passed, approved and adopted this 5" day 01
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
EIGHTH STREET
(LOCUST STREET TO STREET)
SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS
OWNER LEGAL DESCRIPTION DEFICIENCY
TOTAL NET ASSESS.
DUBUQUE ORIGINAL TOWN
Dubuque Savings and Loan Assoc. S62' of E43'
of City Lot 172 $10,019.73 $14,823.24
Barn Community Theatre - Grand Opera House
W70' Of City Lots 171 & 172 $24,842.97
Security Partners, LP
City Lots 29,30 & 31 $24,625.05
Security Partners, LP
City Lot 55 $15,254.46
Plastic Center Inc.
City Lots 146& 147 S 9,270.59
Cycare Systems Inc. N/K/A HBO & Co. City Lots
145,144,143,142 & 141 $24,842.97
Banner Investments City Lots 56 & 57 & N.
23' of City Lot 58 $24,842.97
Steele, Michael D.
City Lot 28 $24,625.05
DUBUQUE DOWNTOWN PLAZA
City of Dubuque Lot 9 $31,380.60
City of Dubuque City Right of Ways
$54,044.36
TOTAL $248,652.26
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RISE Application - Chavenelle Road Extension
West from Seippei Road: City Manager
recommending approval of a RISE Grant
application for a new Chavenelle Road
extension west from Seippel Road into the
westeriy 40 acres of the Dubuque Industrial
Center West, presented and read. Buol moved
that the communication be received and filed.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 24-01
A RESOLUTION ENDORSING THE
SUBMISSION OF A REVITALIZE IOWA'S
SOUND ECONOMY (RISE) APPLICATION TO
THE IOWA DEPARTMENT OF TRANS-
PORTATION FOR THE EXTENSION OF
CHAVENELLE ROAD WEST FROM SEIPPEL
ROAD.
Whereas, the City of Dubuque believes that
economic development opportunities require
developable industrial land with adequate public
infrastructure in order to retain and attract new
job creating businesses and industries to this
community; and
Whereas, the City of Dubuque is subdividing
approximately 40 acres of industriat
development land located in the Dubuque
Industrial Center West; and
Whereas, the improvement of this property
requires new primary access into the site from
Seippel Road which then provides direct access
to U. S. Highway 20; and
Whereas, the Iowa Department of
Transportation, through its Revitalize Iowa's
Sound Economy (RiSE) program's Competitive
Rating Funding, has monies available for the
development of public roadways to support
future economic development opportunities.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of DUbuque hereby
endorses the application to the Iowa Department
of Transportation for RISE funding to provide
access into this industria! area via an extension
of Chavenelle Road west from Seippel Road.
Section 2. That the City of DUbuque hereby
certifies that the roadway improvements wili be
dedicated to public use and will remain so
dedicated to public use.
Section 3. That the City of Dubuque hereby
assumes responsibility for and ongoing
maintenance of these improvements and
ensures that they wili be adequately maintained
in the future.
Section 4. That the City Manager is authorized
to sign, on behalf of the City Council, the
application for RISE funding.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
8uol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7.0.
Excess Risk Insurance Policy: City Manager
recommending approval of the Excess Risk
Insurance Policy with Allianz for the City's
health, prescription drug and dental insurance
plans, presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Robbins. Motion carried 7.0.
Lease Agreement with Tri-State Modelers: City
Manager recommending approval of a lease
agreement with the Tri-State Modelers for a
section of the former Roosevelt Park, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Robbins. Motion
carried 7-0.
Five Flags Theater Rest Room Renovation
Project Acceptance: City Manager
recommending acceptance of the Five Flags
Theater Rest Room Renovation Project in the
final contract amount 01 $142,968.10, presented
Regular Session, February 5, 2001
23
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and read. Buol moved that the communication
be received and flied. Seconded by Robbins.
Motion carried 7-0.
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RESOLUTION NO. 25-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Five Flags
Theater Rest Room Renovation Project has
been completed and the City Manager has
examined the work and filed his certificate
stating that the same has been completed
according to the terms of the contract, plans and
specifications and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2000
appropriations in the amount of $142,968.10 in
General Funds, in amount equal to the amount
of this contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 26-01
FINAL ESTIMATE
Whereas, the contract for the Five Flags
Center Theater Rest Room Renovation Project
has been completed and the Engineer has
submitted his final estimate showing the cost
thereof including the cost of estimates, notices
and inspection -and all miscellaneous costs.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $142,968.10 and the
said amount shall be paid from the Fiscal Year
2000 General Fund appropriations of the City of
Dubuque, Iowa.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schnaider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Malian carried 7-0.
.
Five Flags Center Lavatory Stations
Replacement Project: City Manager
recommending acceptance of the Five Flags
Cenler Lavatory Stations Replacement Project
in the final contract amount of $38,959,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
RESOLUTION NO. 27-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the FIVE FLAGS
LAVATORY STATION REPLACEMENT
PROJECT has been completed and the City
Manager has examined the work and filed his.
certificate stating that the same has been
completed according to tha terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2001
appropriations in the amount of $38,959 in
General Funds, in amount equal to the amount
of this contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 28-01
FINAL ESTIMATE
Whereas, the contract for the Five Flags
Lavatory Station Replacement Project has been
completed and the Engineer has submitted his
final estimate showing the cost thereof including
the cost of estimates, notices and inspection and
all miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be 538,959 and the said
amount shall be paid from the Fiscal Year 2001
General Fund appropriations of the City of
Dubuque, Iowa.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
U.S. Department of Housing and Urban
Development: Communication from the U.S.
Department of Housing and Urban Development
(HUD) advising of the City's revised allocations
24
Regular Session, February 5, 2001
for various HUD programs, presented and read.
Buol moved that the communication be received
and filed. Seconded by Robbins. Motion .:arried
7.0.
Expansion of the Bottle Sill: Communication
from the Environmental Stewardship Advisory
Commission supporting the continuation and
expansion of the Iowa Beverage Container
Deposit Law, presented and read. Buol moved
that the communication be received and filed.
Seconded by Robbins. Motion earned 7-0.
RESOLUTION NO. 29--01
A RESOLUTION SUPPORTING THE
EXPANSION OF THE IOWA BEVERAGE
CONTAINER DEPOSIT LAW.
Whereas, the Beverage Container Deposit
Law provides in a financial incentive through the
refundable deposit that has all but eliminated
can and bottle litter Iowa; and
Whereas, the Beverage Container Deposit
Law funds itself through the nickel deposit and
refund, and relies on no taxes or unfunded
mandates to local governments; and
Whereas, through the Beverage Container
Deposit Law, Iowans recycle more than 90% of
containers compared to only 30% in states
without such laws; and
Whereas, 55% of all beer and soda containers
recovered in the United States are from the ten
deposit states. while the remaining 45% come
from the fonly non-deposit states; and
Whereas, states with deposit laws also have a
higher participalion rate in residential recycling
than do non-deposit states; and
Whereas. an independent survey by Ihe
University of Northern Iowa shows that 85% of
Iowans support the deposit law, and 73%
support expanding that law; and
Whereas the Beverage Container Deposit Law
has resulted in more than one hundred and fonly
redemption cenlers in Iowa, providing jobs and
wages In the pnvate sector, and has created
jobS and supported employment for businesses
thnt employ persons with disabilities.
NOW, THEREFORE, BE IT RESOLVED
THAT THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA SUPPORTS THE
BEVERAGE CONTAINER DEPOSIT LAW AND
ENCOURAGES ITS EXPANSION TO
INCLUDE:
Soction 1. Crontion of Ihe Robert D. Ray
BOfl\ltltul Land Flmd to support local and slate
Iittt,)f nnd ft1cycHng initialivEJs.
Section 2. The nddition of deposits on
conlnil\ors of tt>[\. water, frLJit And vegetable
drinks, sports drinks, flnd other non-caroonnted
bUl/omg()$, Oxclllding milk.
Soction 3. Incrousing tho hnndling tee per
CQrltnlflt.Jf from ono conI Ie two conts.
Section 4. Requiring all beverage containers
sold in Iowa to have a minimum post.consumer
recycled content of 25% by weight.
Section 5. Be it further resolved that the City
Council encourages a\l residents to return or
recycle all beverage containers and other
recyclable materials and to fully utilize the City's
curbside recycling program.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Iowa Department of Transportation:
Communication from the Iowa Department of
Transportation advising that they have received
the City's letter regarding hospital signing on
U.S. 20 in Dubuque and offering to meet with
Mayor Terry Duggan, presented and read. Buol
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Robbins. Motion carried 7-0.
Cable Television Franchises: Communication
of City Manager to Senator Thomas Flynn
urging active opposition to Senate File 47 which
discourages the granting of additional cable
television franchises in Iowa communities,
presented and read. Buol moved that the
communication be received and filed and
concurred with the recommendation. Seconded
by Robbins. Motion carried 7-0.
Harbor Community Investment: City Manager
recommending acceptance of the warranty deed
from Harbor Community Investment, LLC,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
RESOLUTION NO. 30-01
ACCEPTING WARRANTY DEED FOR REAL
ESTATE IN DUBUQUE COUNTY, IOWA FROM
HARBOR COMMUNITY INVESTMENT, L.C,
WHEREAS, Harbor Community Investment,
L.C. (HCI), owns the following described real
property in Dubuque County, Iowa (the
Property):
Lot 2 in ADAMS COMPANY'S 2ND ADDITION
in the City of Dubuque, Iowa, according to the
recorded Plat thereof;
And
Lots 1,2,37 and 38, in Block 21; and Lois 27,
28. 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38, in
Block 26; in Dubuque Harbor Improvement
Company's Addition, in the City of Dubuque,
Iowa, according to the recorded Plat thereof.
WHEREAS, HCI has delivered a Warranty
Deed 10 the Property to Ihe City or Dubuque.
Regular Session, February 5, 2001
25
.
WHEREAS, the City Council of the City of
Dubuque desires to accept the Property on
behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
The City Council of the City of Dubuque
hereby accepts the Warranty Deed to the
Property from HCI.
Passed, approved and adopted this 5'" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Quarterly Investment Report: City Manager
submitting Ihe Quarterly Investment Report,
presented and read. Buol moved that the report
be received and filed. Seconded by Robbins.
Motion carried 7-0.
.
RESOLUTION NO. 32-01
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
.
CLASS "C: (COMMERCIAL)
BEER/LIQUOR LICENSE
Town Clock Inn Inc
Town Clock Inn
Chi Chi's Inc
(Sunday Sale)
Hammerheads, !nc
Bar/Billiards+(Sunday Sale)
James W. Goetzinger
(Sunday Sale)
Dubuque Inn Corp.
Inn + (Sunday Sale)
Pusateris Enterprise
(Sunday Sale)
Davey Robertson Public Bar
(1 Day Outdoor Service)
CLASS "B" WINE
Nash Finch Company EconoFoods #471
3355 JFK Rd.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Chi-Chi's
799 Main St
Mexican Restr+
800 Wacker Dr
Hammerheads
2095 Kerper
Goetz's +
2778 Jackson
Western Dubuque
3434 Dodge St
Pusateris +
2400 Central
Busted Lift
180 Main St
Best
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7.0.
RESOLUTION NO. 31.01
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Dubuque Discount Gas Inc. Dubuque
Discount Gas+(Sunday Sale) 2175 Central
Dubuque Discount Gas Inc. Dubuque
Discount Gas+(Sunday Sale) 4110 Dodge
Hill Slreet Plaza Oky Doky # 8
+(Sunday Sale) 535 Hill St
Nash Finch Company EconoFoods
#471+(Sunday Sale) 3355 JFK Rd
Passed, approved and adopted this 5th day
February, 2001
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
INTERVIEWS for the following
Boards/Commissions:
BUILDING CODE BOARD OF APPEALS (2
Vacancies): Chuck Carr (General Contractor):
Richard Luchsinger (At-Large). Mr. Luchsinger
spoke.
COMMUNITY DEVELOPMENT ADVISORY
COMMISSION (4 Vacancies): James Giesen
(At-Large); Charles Isenhart (Census Tract #1).
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION (2 Vacancies): Art
Sunleaf. Mr. Sun leaf spoke.
APPOINTMENTS to the following
Boards/Commissions:
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION (2 Vacancies):
Leslee Spraggins.
Michalski moved that Leslee Spraggins be
appointed to the unexpired three year term
which will expire 10.1-03. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
Dubuque Golf and Country Club - Stop Sign
Change Request: City Manager recommending
approval of a request from the Dubuque Golf
26
Regular Session, February 5, 2001
and Country Club to reassign the right-of-way to
Bradley Street at Rider, and to piace an
additional stop sign for northbound vehicles on
Perry at Rider, presented and read. Markham
moved that the communication be received and
filed, Seconded by Nicholson. Motion carried 7.
O.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque, Iowa, by
modifying Subsection (b) of Section 32-214
thereof providing for the addition of a stop sign
on Perry Street at Rider Street and a change of
designation at Rider Street and Bradley Street,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 5-01
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DUBUQUE,
IOWA, BY MODIFYING SUBSECTION (b) OF
SECTION 32.214 THEREOF PROVIDING FOR
THE ADDITION OF A STOP SIGN ON PERRY
STREET AT RIDER STREET AND A CHANGE
IN DESIGNATIONS AT RIDER STREET AND
BRADLEY STREET
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by deleting
Rider Street and Bradley Street from Subsection
(b) of Section 32.214 thereof as follows:
"Sec. 32-214. Stop Intersections.
(b)
Eastbound and Westbound
Rider Street and Bradley Street
. .
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by adding
Rider Street and Perry Street to Subsection (b)
of Section 32.214 thereof as follows:
Northbound and Southbound
Bradley Street and Rider Street
Eastbound and Westbound
Perry Street and Rider Street
. . .
Passed, approved and adopted this 5'h day of
February. 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially In the Telegraph Herald
newspaper this 12'h day of February, 2001.
Jeanne F. Schneider, City Clerk
11 2/12
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Design Review Process. Town Clock Plaza:
Communication from the Historic Preservation
Commission requesting that they be permitted to
participate In the future design review process
for improvements to the Town Clock Plaza area,
presented and read. Michalski moved that the
communication be received and filed and
approved request to participate. Seconded by
Markham. Motion carried 7-0.
Amendment to Building Code Demolition
Districts: City Manager recommending an
amendment to the Code of Ordinances
pertaining to demolition permits, presented and
read. Buol moved that the communication be
received and filed. Seconded by Markham.
Motion carried 7.0.
An Ordinance Amending Chapter 11 (Buildings
and Building Regulations) of the City of
Dubuque Code of Ordinances by amending
. Section 11-4 pertaining to waiting period for
demolition permits, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO, 6-01
AN ORDINANCE AMENDING CHAPTER 11
(BUILDINGS AND BUILDING REGULATIONS)
OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY AMENDING SECTION 11-4
PERTAINING TO WAITING PERIOD FOR
DEMOLITION PERMITS.
Whereas, Section 11-4 of the City Code
pertains to a discretionary waiting period for
demolition permits in seven demolition districts;
and
Whereas, portions of these demolition districts
include buildings that are within historic districts
that are reguiated by Chapter 25, Historic
Preservation, of the City Code; and
Whereas, the exemption of buildings that are
regulated by Chapter 25 from the requirements
of Section 11-4 eliminates an overlap in
regulations.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-4 (a) Is hereby
amended as follows:
(a) Application of Section: The provisions of
this Section shall apply to all buildings located in
whole or In part within the following described
neighborhood areas, except where the
buildlng(s) are part of a historic district or
landmark site regulated by Chapter 25, Historic
Preservation, of the City Code:
Section 2. That this amendment shall take
effect upon publication as required by law.
Regular Session, February 5, 2001
27
.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published oHicially in the Telegraph Herald
newspaper this 9'h day of February, 2001.
Jeanne F. Schneider, City Clerk
11 2/9
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Councii Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Loras College - Right-of-Way Construction
Ordinance: City Manager recommending
approval of a request from Laras College to
utilize publiC right.of.way to install a water
supply line for their geothermal system for the
new Academjc Resource Center, presented and
read. Suol moved that the communication be
received and filed. Seconded by Robbins.
Motion carried 7.0.
An Ordinance No. 7-01 Authorizing Loras
College to construct a geothermal water service,
presented and read.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-01
AN ORDINANCE AUTHORIZING LORAS
COLLEGE TO CONSTRUCT A GEOTHERMAL
WATER SERVICE
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Loras College as the owner of
the premises known as Laras College, Dubuque,
Iowa, and legally described as Loras College be
and they are hereby granted the revocable
permit and authority to construct and maintain a
geothermal water service under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction shall be
done in accordance with plans heretofore
submitted by permittees and approved by the
City Manager, under the supervision and
direction of the City Manager, and in accordance
with all applicable state and federal laws and
regulations, and the Ordinances of the City of
Dubuque.
Section 3. That the permission herein granted
is expressly conditioned on permittees'
agreement to:
a. Assume any and all liability for damages to
persons or property which may result from the
existence, location, installation, construction or
maintenance of said geothermal water service:
and
.
b. Procure and maintain in force during the
term of this permit a policy of liability insurance
as set forth In the attached Insurance Schedule;
and
c. Pay on behaif of the City of Dubuque, all
sums which the City of DUbuque shall become
obligated 10 pay by reason of the liability
imposed upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said geothermal water service
sustained by any person or persons, caused by
accident or otherwise to defend at its own
expense and on behalf of said City any claim
against the City of Dubuque arising out of the
location, installation, existence, construction or
maintenance of the geothermal water service
and to pay reasonable attorney fees therefore;
and
d. Indemnify, defend and hold the City of
Dubuque free and harmless from any and all
claims, ioss; liability and expense for death
andlor injuries to third persons or damages to
property of third persons, or for damage to any
property of the City of Dubuque which may
occur as a result of or in connection with the
location, installation, existence, construction,
maintenance and repair of the facility, work or
improvement permitted herein.
Section 4. That the permission herein granted
is expressly conditioned upon permittees' further
agreement that should the right and privilege
herein granted be rescinded or revoked by the
City Council, permittees, or their successors in
interest, as owners of the abutting property, shall
within ten (10) days after receipt of written notice
from the City Manager, so to do, at their own
expense, remove said geothermal water service
and in the event of their faiiure to do so, the City
of Dubuque shall be authorized to remove said
geothermal water service at permittees' expense
and dispose of the same, and the permittee shail
have no claim against the City or its agents for
damages resulting from the removal of said
geothermal water service.
Section 5. That permittees covenant and agree
that the revocable permit herein granted does
not constitute an approval of the design,
erection, location, construction, repair or
maintenance of said facility and said permittees
hereby covenant and agree not to assert such
claim or defense against the City of Dubuque in
the event of claim asserted for death, personal
injuries and/or property damage against the
permittees arising out of or in any way
connected with the location, installation,
construction, design, repair and maintenance of
the facility herein permitted.
Section 6. This Ordinance shall become
effective and the rights hereunder accrue to the
geothermal water service when this Ordinance
has been adopted by the City Council and the
28
Regular Session, February 5, 2001
terms and conditions thereof accepted by
permittees by acceptance endorsed on this
Ordinance.
Section 7. That the City Clerk be and she is
authorized and directed to file at permittees'
expense a copy of this ordinance in the Office of
the Recorder In and for Dubuque County, Iowa.
Section 8. Iowa One-Call registration is
required by State Law and can be accomplished
by calling 1-800-292-8989 and asking for
Sharon Deyo. Submit documentation to the City
Engineering Division of One-Call membership
when received.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO..7-01
The undersigned having read and being
familiar with the terms and conditions of
Ordinance No.7-01, hereby, for themselves,
their successors or assigns, as owners of the
abutting property, accept the same and agree to
be bound by the conditions and agreements
therein contained to be performed by permittees.
By: Isl John McDermott
Titie: Physical Plant Director
Dated 01131/01
Published officially in the Telegraph Herald
newspaper this 9th day of February, 2001.
Jeanne F. Schneider, City Clerk
11 2/9
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finaliy passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Robbins. Motion carried 7-0.
Hazard Mitigation Plan: City Manager
recommending appointments to the Hazard
Mitigation Plan Task Force Committee,
presented and read. Markham moved that the
communication be received and filed and chose
to appoint Terry Duggan and Dan Nicholson.
Seconded by Suo!. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Oak Street Sanitary Sewer: City Manager
submitting documents providing far construction
of the Oak Street Sanitary Sewer Extension
Project, presented and read. Buol moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 33-01
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Thai the proposed plans, specifications, form
of contract and estimated cost for the Oak Street
Sanitary Sewer Extension Project, in the
estimated amount of $112,344.65, are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, approved and adopted this S'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 34-01
FIXING DATE OF HEARING ON RESOLUTION
OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed pians, specifications
and form of contract and placed same on file in
the office of the City Clerk for public inspection,
. for the Oak Street Sanitary Sewer Extension
Project, and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 5th day of March, 2001, a public
hearing will be held at 6:30 o'clock p.m. in the
Public Library Auditorium in the City of Dubuque
at which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the matter
may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against any
lot, or the final adoption of a resolution of
necessity and the City Clerk be and is hereby
authorized and directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be
published once each week for two consecutive
weeks, the first publication of which shali be not
less than ten days prior to the day fixed for its
consideration. Uniess' property owners at the
time of the final consideration of this proposed
resolution have on file with the City Cierk
objections to the Resolution of Necessity they
shall be deemed to have waived ali objections
thereto.
Passed, adopted and approved this 5'" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Regular Session, February 5, 2001
29
.
Suol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
.
RESOLUTION NO. 35-01
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council 01
the City of Dubuque and are now on fiie in the
office of City Clerk showing among other things
the plans, specifications, form of contract,
estimated cost and preliminary plat and
scheduie showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the Oak
Street Sanitary Sewer Extension Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, iOWA:
That the City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on Ii Ie with the City Clerk objections to the
resolution of necessity, they shail be deemed to
have waived all objections pertaining to' the
reguiarity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement will be assessed partially or totally
against privately owned property iying with the
assessment limits, and in an amount not to
exceed that provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will be paid from the capital
improvement project for the City share of special
assessments, and special assessment bonds
may be issued in anticipation of deferred
payments of assessments when a contract has
been performed and accepted, and the
proceeds thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered pi aced on file with the
City Clerk this 5th day of February, 2001.
Approved and pi aced on file for final action.
Terrance M. Duggan, Mayor
Attest: Jaanne F. Schneider, City Clerk
RESOLUTION NO. 35-01
RECORD OF FINAL ADOPTION
The foregoing Resolution was finally passed
and adopted as proposed by the City Councii
this 5'h day of February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
.
RESOLUTION NO. 36-01
FiXING DATE OF HEARING ON RESOLUTION
OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
and form of contract and placed same on file in
the office of the City Clerk for public inspection,
for the Oak Street Sanitary Sewer Extension
Project, and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
office for public inspection.
NOW THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
That on the 5'h day of March, 2001, a public
hearing wili be held at 6:30 o'clock p.m. in the
Public Library Auditorium in the City of Dubuque
at which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the matter
may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against any
lot, or the finai adoption of a resolution of
necessity and the City Cierk be and is hereby
authorized and directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be
published once each week for two consecutive
weeks, the first publication of which shall be not
less than ten days prior to the day fixed for its
consideration. Unless property owners at the
time or the final consideration of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necessity they
shall be deemed to have waived all objections
thereto.
Passed, adopted and approved this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 37-01
RESOLUTION APPROVING PRELIMINARY
SCHEDULE OF ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached sheets, 1 to 1 inclusive, are
hereby determined to be the schedule of
proposed assessments for the Oak Street
Sanitary Sewer Extension Project and the
valuations set out herein are hereby approved.
Passed, approved and adopted this 5'h day of
February, 2001.
Terrance M. Duggan, Mayor
30
Regular Session, February 5, 2001
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption 01 the Resolution.
Seconded by Michalski. Motion carried 7 -0.
RESOLUTION NO. 38-01
ORDERING BIOS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Oak Street Sanitary Sewer Extension
Project is hereby ordered to be advertised for
bids for construction.
BE IT FURTHER RESOLVED, that the amount
01 the security to accompany each bid shell be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk Is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than lour days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
22'" day of February, 2001. Bids shall be
opened and read by the City Clerk at seid time
and will be submitted to the Council for final
action at 6:30 p.m. on the 5'h day of March,
2001.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 39-01
A RESOLUTION AUTHORIZING EMINENT
DOMAIN PROCEEDINGS TO BE INITIATED
TO ACQUIRE SANITARY SEWER
EASEMENTS FOR CONSTRUCTION OF THE
OAK STREET SANITARY SEWER
Whereas, the City of Dubuque has been
negotiating with the owners of record for right-of-
way necessary for the construction of the Oak
Street Sanitary Sewer Extension Project; and
Whereas, the City of Dubuque finds and
determines that eminent domain proceedings
should be institu1ed to acquire the needed right-
of-way if easements cannot be acquired through
the negotiation process.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY QF
DUBUQUE, IOWA:
Section 1. That eminent domain proceedings
be instituted forthwith by the City of Dubuque,
Iowa, for acquisition of the following lots or
portions thereof if easements cannot be
acquired through the negotiation process:
1. Lot 2 of 18 and Lot 19 of Union Addition
2. Lot 23 of Union Addition
3. Lot 25 of Union Addition
4. Lot 26 of Union Addition
5. N 60' of Lot 61 of Union Addition
6. Lot 2 of Lot 54 of Union Addition
And that Conporation Counsel be directed to
institute said eminent domain proceedings
forthwith for and on behalf of the City of
Dubuque, Iowa if negotiations fail.
Section 2. That the Corporation Counsel be
end is hereby directed and empowered to do
any and all things necessary and incidental to
said eminent domain proceedings if negotiations
fail.
Passed, approved and adopted this 5'h day of
February, 2001.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Allan J. Becker - Request to Vacate: City
Manager recommending that a public hearing be
set for February 19, 2001 to consider a request
from Allan J. Becker, representing Oarka Corp.,
.a1k1a Hawkeye Boat Sales & Service, Inc., to
vacate a portion of Kenper Boulevard, presented
and read. Buol moved that the communication
be received end filed. Seconded by Michelski.
Motion carried 7-0.
RESOLUTION NO. 40-01
RESOLUTION APPROVING PLAT OF A
PORTION OF KERPER BOULEVARD
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plet
dated January 12, 2001, prepared by IIW
Engineers & Surveyors, PC, describing the
proposed vacated portion of Kerper Boulevard.
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated January 12,
2001, prepared by IIW Engineers & Surveyors,
PC relative to the real estate hereinabove
described be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
piat tor and on behaif of the City of Dubuque,
Iowa.
Section 2. That the City of Dubuque reserves
unto itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, constructing,
reconstructing. repairing, owning. operating. and
maintaining water, sewer, drainage, gas,
telephone, t.v. cable, and electric lines as may
be authorized by the City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
Regular Session, February 5, 2001
31
.
the Recorder, in and for Dubuque County, Iowa.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo! moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
An Ordinance Vacating a portion of Kerper
Boulevard (lot 2A of Bradley Place), presented
and read.
.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-01
ORDINANCE VACATING A PORTION OF
KERPER BOULEVARD
Whereas, Allen J. Becker representing Oarka,
Corp aJkJa Hawkeye Boat Sales & Services, Inc.
has requested the vacating of a portion of
Kerper Boulevard; and
Whereas, IIW Engineers & Surveyors, P.C.
has prepared and submitted to the City Council
a plat showing the proposed vacated portion of
Kerper Boulevard and assigned lot numbers
thereto, which hereinafter shall be known and
described as lot 2A of Bradley Place, in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of Kerper Boulevard is no longer required for
public use, except for utility easements as noted,
and vacating of said portion of Kerper Boulevard
known as lot 2A of Bradley Place in the City of
Dubuque, Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lot 2A of Bradley Place in the City of Dubuque,
Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Passed, approved and adopted this 5'" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 9'" day of February, 2001.
Jeanne F. Schneider, City Clerk
It 2/9
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
.
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 41-01
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 2A OF BRADLEY
PLACE, DUBUQUE, IOWA
Whereas, Allen J. Becker representing Oarka,
Corp., a/k1a Hawkeye Boat Sales & Service, Inc.
has requested the vacating of a portion of
Kerper Boulevard.
Whereas, IIW Engineers & Surveyors, P.C.
has prepared and submitted to the City Council
a plat showing the vacated portion of Kerper
Boulevard and assigned lot numbers thereto,
which hereinafter shall be known and described
as Lot 2A of Bradley Place in the City of
Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this portion
of Kerper Boulevard is no longer required for
public use, except for utility easements as noted,
and vacating and sale of said Lot 2A of Bradley
Place in the City of Dubuque, Dubuque County,
Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCil OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 2A 01 Bradley Place
in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 2A of
Bradley Place in the City of Dubuque, Iowa to
Oarka, Corp., a/k1a Hawkeye Boat Sales &
Service, Inc. be contingent upon the payment of
$5,300.00 plus platting, publication and filing
fees.
Section 3. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed bt law.
Passed, approved and adopted this 5' day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and
further moved that this be set for public hearing
On 2/19/01 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Michalski. Motion carried 7.0.
Area Residential Care, Inc. . Request to
Vacate: City Manager recommending that a
Regular Session, February 5,2001
33
.
and vacating and sale of said portions of alleys
and streets known as Lot 2A of Block 15 of River
Front Subdivision NO.3 in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 2A of Block 15 of
River Front Subdivision No. 3 in the City of
Dubuque, Iowa.
Section 2. That the conveyance of Lot 2A of
Block 15 of River Front Subdivision NO.3 in the
City of Dubuque, Iowa 10 Area Residential Care,
Inc. be contingent upon the payment of
55,880.00 plus platting, publication and filing
fees.
Section 3. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, Lv.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed by' law.
Passed, approved and adopted this 5 h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and
further moved that this be set for public hearing
on 2/19/01 at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice
in the manner prescribed by law. Seconded by
Michalski. Motion carried 7~O.
.
Thomas Luksetich and Steve Smith - Request
to Vacate: City Manager recommending that a
public hearing be set for February 19, 2001, to
consider a request from Thomas Luksetich and
Steve Smith to vacate a portion of Kerper
Boulevard, presented and read. Buol moved that
the communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
.
RESOLUTION NO. 44-01
RESOLUTION APPROVING PLAT OF A
PORTION OF KERPER BOULEVARD
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a piat
dated January 12, 2001 prepared by IIW
Engineers & Surveyors, PC, describing the
proposed vacated portion of Kerper Boulevard.
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated January 12,
2001, prepared by IIW Engineers & Surveyors,
PC relative to the real estate hereinabove
described be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. The City 01 Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Section 3, That the City Clerk be and is hereby
authorized and directed to tile said plat and
certified copy of this resolution in the office of
the Recorder, In and for Dubuque Coun:t' Iowa.
Passed, approved and adopted this 5 h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
An Ordinance Vacating a portion of Kerper
Boulevard (Lot 1 A, Block 13, River Front
Subdivision No.3), presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 9-01
ORDINANCE VACATING A PORTION OF
KERPER BOULEVARD
Whereas, Thomas Luksetich and Steve Smith,
representing Talass, L,L.C., have requested the
vacating of a portion of Kerper Boulevard; and
Whereas, IIW Engineers & Surveyors, P .C.
has prepared and submitted to the City Council
a plat showing the proposed vacated portion of
Kerper Boulevard and assigned lot numbers
thereto, which hereinafter shall be known and
described as Lot 1 A of Block 13 of River Front
Subdivision No, 3, in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, the City Council of the City 01
Dubuque, Iowa has determined that this portion
of Kerper Boulevard is no longer required for
public use, except for utility easements as noted,
and vacating of said portions of Kerper
Boulevard known as Lot 1A of Block 13 of River
Front Subdivision No.3 in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the real estate described as
Lot 1 A of Block 13 of River Front Subdivision
NO.3 in the City of Dubuque, Iowa, be and the
same is hereby vacated.
34
Regular Session, February 5, 2001
Section 2. The City of DUbuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning. operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Passed, approved and adopted this 5" day of
February,2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 9" day of February, 2001.
Jeanne F. Schneider, City Clerk
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 45-01
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOT 1A OF BLOCK 13 OF
RIVER FRONT SUBDIVISION NO.3,
DUBUQUE, IOWA
Whereas, Thomas Luksetich and Steve Smith,
representing Talass, L.l.C., have requested the
vacating of a portion of Kerper Boulevard.
Whereas, IIW Engineers & Surveyors, P.C.
has prepared and submitted to the City Council
a plat showing the vacated portion of Kerper
Boulevard and assigned lot numbers thereto,
which hereinafter shall be known and described
as Lot 1 A of Block 13 of River Front Subdivision
No.3 in the City of Dubuque, iowa: and
Whereas, the City Council of the City of
Dubuque, iowa has determined that this portion
of Kerper Boulevard is no longer required for
public use, except for utiiity easements as noted,
and vacating and sale of Lot 1 A of Block 13 of
River Front Subdivision No. 3 in the City of
Dubuque, Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lot 1 A of Block 13 of
River Front Subdivision No. 3 in the City at
Dubuque, Iowa.
Section 2. That the conveyance of Lot 1 A of
Block 13 of River Front Subdivision No.3 in the
City of Dubuque, Iowa to Talass, L.L.C., be
contingent upon the payment of $12,750.00 plus
platting, publication and filing fees.
Section 3. The City of Dubuque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Section 4. That the City Clerk be and is hereby
authorized and directed to cause a notice of
intent to dispose of said real estate to be
published in the manner as prescribed b~ law.
Passed, approved and adopted this 5' day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and
further set this for public hearing on 2/19/01 at
6:30 P.M. in the Public Library Auditorium and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Michalski.
Motion carried 7-0.
Fiscal Year 2002 Annual Action Plan: City
Manager recommending that a public hearing be
set for February 26, 2001 to consider the Fiscal
Year 2002 Community Development Block
Grant Annual Action Plan, presented and read.
. Buol moved that the communication be received
and filed. Seconded by Michalski. Motion
carried 7-0.
RESOLUTION NO. 46-01
A RESOLUTION SETTING A PUBLIC
HEARING ON THE PROGRAM YEAR 2001
(FISCAL YEAR 2002) COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
BUDGET.
Whereas, the City of Dubuque has, through a
series of public meetings and hearings, finalized
a Program Year 2001 (Fiscal Year 2002)
Community Development Block Grant budget
addressing both housing and non-housing
needs in the community; and
Whereas, caples of the draft Program Year
2001 CDBG budget have been available for
public comment 30 days prior to City Council
action; and
Whereas, the City's Community Development
Advisory Commission has recommended the
adoption of this budget.
NOW, THEREFORE, BE IT ORDAiNED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That a public hearing shall be set to
review the Program Year 2001 (FY 2002)
Community Development Block Grant budget on
February 26, 2001.
Passed, approved and adopted this 5" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and set
this public hearing for 2/26/01 at a meeting to
commence at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk publish notice
Regular Session, February 5, 2001
35
.
in the manner prescrIbed by law. Seconded by
Michalski. Motion carried 7-0.
United Rental Property / City of Dubuque -
Proposed Lease: City Manager recommending
that a public hearing be set for February 19,
2001, to consider a proposed lease agreement
between the City and United Rentals, Inc.,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
.
RESOLUTION NO. 47-01
RESOLUTION OF INTENT TO DISPOSE OF
AN INTEREST IN REAL PROPERTY BY
LEASE WITH UNITED RENTALS, INC.
Whereas, the City of Dubuque, Iowa (City)
intends to purchase the following real property
(the Property) from Plastic Center, Inc.;
The West 68 feet 3 inches - North 11 feet 4
inches of Lot 1, the South 39.5 feet of Lot 1, and
Lot 2, of City Lot 524, the balance of Lots 1 and
2 of City Lot 525 and the western balance of City
Lots 526 and 527, all in the City of Dubuque,
Iowa.
And Whereas, United Rentals, Inc. (United)
desires to lease the Property for the operation of
an equipment rental business upon the terms
set forth in the Lease attached hereto as Exhibit
A;
And Whereas, the City Council has tentatively
determined that it would be in the best interest of
the City to enter into the Lease with United.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of DUbuque intends to
dispose of its interest in the foregoing-described
real property by Lease between City and United.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-
described real property, to be held on the 19th
day of February, 2001, at 6:30 o'clock p.m. at
the public library auditorium, 11 th and Locust,
Dubuque, Iowa.
Passed, approved and adopted this 5th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and
further set this for public hearing on 2/19/01 at
6:30 P.M. in the Public library Auditorium and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Michalski.
Motion carried 7-0.
.
Amendment to Stout Place Urban
Revitalization District (Iowa Inn Project): City
Manager recommending that a public hearing be
set for Monday, March 5. 2001 to consider
amending the Stout Place Urban Revitalization
Plan (Iowa Inn Project), presented and read.
Buol moved that the communication be received
and filed. Seconded by Michalski. Motion
carried 7-0.
RESOLUTION NO. 48-01
A RESOLUTION SETTING A PUBLIC
HEARING ON A PROPOSAL TO AMEND CITY
OF DUBUQUE ORDINANCE NO. 12-98
ESTABLISHING THE STOUT PLACE URBAN
REVITALIZATION AREA AS AN URBAN
REVITALIZATION AREA PURSUANT TO
CHAPTER 404 OF THE CODE OF IOWA.
Whereas, the City of Dubuque Ordinance
NO.12-98 established the Stout Place Urban
Revitalization Area; and
Whereas, the Stout Place Urban Revitalization
Area Plan's duration will expire on March 16,
2001; and
Whereas, due to a change in property
ownership and resultant delay in rehabilitation of
the Stout Place (Iowa Inn) development, an
amendment to the Stout Place Urban
Revitalization Plan is necessary to extend the
duration of the plan; and
Whereas, Chapter 404 of the Code of Iowa
provides that a public hearing shall be held on
any proposed amendment of an Urban
Revitalization Area Plan.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That a public hearing shall be set to
review the FY 2002 Annual Action Plan on
March 5, 2001.
Section 2. That the notice of public hearing
shall be given according to the requirement of
Chapter 404 of the Code of Iowa.
Passed, approved and adopted this 5'" day of
February. 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution and
further that this public hearing be set for 3/5/01
at 6:30 P.M. In the Public Library Auditorium and
that the City Clerk publish notice in the manner
prescribed by law. Seconded by Michalski.
Motion carried 7-0.
At 7:07 P.M. Buol moved to go into Closed
Session re: Property Acquisition (Iowa Code
Chapter 21.5(1 )Ul. Seconded by Robbins.
Motion carried 7-0.
At 7:39 P.M. Council reconvened Regular
Session with statement that Staff had been
given proper direction.
There being no further business, Cline moved
to adjourn the meeting. Seconded by Nicholson.
36
Regular Session, February 5, 2001
Motion carried 7-0. The meeting adjourned at
7:40 P.M.
~
~
2001
2001
Council Members
:Y
City Clerk
. __>"M'_"__"'____"__'-'_"
Special Session, February 7, 2001
37
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 7,
2001
Council met in special session at 6:15 p.m. at
the Library Auditorium
Present: Mayor Duggan, Council Members
Suol, Cline, Markham, Nicholson, Robbins, City
Manager Michael Van Milligen, Corporation
Counsel Sarry Lindahl
Absent: Council Member Ann Michalski
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City budgets.
The Parking Division, Finance Department,
City Manager's Office, City Councii, City Clerk
and Legal Department budgets were presented
and discussed.
There being no further bustness, u'pon
consensus the meeting adjourned at 7:15 p.m.
/s/ Jeanne F. Schneider
City Clerk
.
.
c2/
2/
2001
Council Members
City Clerk
38
Special Session, February 15, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 15,
2001
Council met in special session at 6:22 p.m, at
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski (by electronic
means), Nicholson, Robbins, City Manager
Michael Van MIlligen
Mayor Duggan read the call and stated this Is
a special session of the City Council called for
the purpose of discussing various City budgets.
The Airport, Water Pollution Control Plant,
Library and Building Services budgets were
presented and discussed.
There being no further business, Markham
moved to adjourn. Seconded by Buol. Motion
carried 7.0. The meeting adjourned at 7:52
p.m.
Is! Jeanne F, Schneider
City Clerk
"',,~o ~
AdoPted~ _
/I;
~
c;L/
2001
2001
r.? 0::+11 'C..fJR ) ('11/", A
Council Members
r:-'-
City Clerk
Regular Session, February 19, 2001
39
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council Regular Session, February 19,
2001
Council Mel in Regular Session at 6:30 P.M. in
the library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham, Michalski via the
telephone, Nicholson, Robbins, City Manager
Michael Van Milligen, Corporation Counsei Barry
Lindahl
Mayor Duggan read the call and stated this is
the regular session 01 the City Council called for
the purpose of acting upon such business which
may properly come before the City Council.
Invocation was given by Jeny E. Oakland,
Pastor of St. Luke's United Methodist Church.
Proclamation: Tim Moerman Day (February
22, 2001) received by departing Assistant City
Manager Tim Moerman who expressed
appreciation for all the positive experiences he
and his family have enjoyed while in Dubuque.
CONSENT ITEMS
.
Minutes Submitted: Airport Commission of
1/29; Cable TV Regulatory Commission of 1/10;
City Council Proceedings of 2/5; Electrical Code
Board of 2/5; Environmental Stewardship
Advisory Commission of 2/6; Historic
Preservation Commission of 1/18; Human
Rights Commission of 1/8; Long Range Planning
Advisory Commission of 1/17; Transit Board of
2/8; Zoning Advisory Commission of 12/6/00 and
2/7; Zoning Board of Adjustment of 1/25,
presented and read. Buol moved that the
minutes be received and filed. Seconded by
Robbins. Motion carried 7.0.
List of Claims and Summary of Revenues for
month ending December 31, 2000; City of
Dubuque Financial Reports for the month ending
January 31, 2001, presented and read. Buol
moved that the communication be receIved and
filed. Seconded by Robbins. Motion carried 7.0.
.
Notice of Claims/Suits: Cindy Hanten in
undetermined amount for property damage;
Robert C. Hood, Jr. in undetermined amount for
personal injuries; Gene A. Kramer in estimated
amount of $2,222.96 for vehicle damage; Biil
Moore in undetermined amount for vehicle
damage; None R. Nigg in estimated amount of
$794.54 for vehicle damage; Linda L. Sanford in
estimated amount of $174.85 for vehicle
damage; Subrogation Claim of State Farm
Insurance (for insured, Timothy Grass) in
estimated amount of 8872.94 for vehicle
damage, presented and read. Buol moved that
the claims and suits be referred to the Legal
Staff for investigation and report. Seconded by
Robbins. Motion carried 7-0.
Kane Development Corporation:
Communication tram Steve Boge, Kane
Development Corporation, requesting the City's
acceptance of sanitary sewer and water main
system at Pine Knoll Condominiums (Phase I)
on Katrina Circle in the City of Dubuque,
presented and read. Buol moved that the
communication be received and filed and matter
referred to the City Manager. Seconded by
Robbins. Motion carried 7-0.
February 2, 2001
Honorabie Mayor and Members of the City
Council
In accordance with Chapter 400 of the 1999
Code of Iowa, an examination for the position of
Police Officer was conducted on November 21,
2000. We hereby certify that the following
individuals have passed this written examination
and the vacancy for this pOSition should be
made from this list and that this list is good for
two (2) years tram above date.
POLICE OFFICER
Jamie Karshsbaum
Andrew Harden
Julio Casillas
Michael Clasen
Shawn Patterson
Eric Sisler
Nathan Knepper
Respectfully submitted,
Isl Loras J. Kluesner, Chairperson
Isl Merle J. Duehr, Jr.
Isl Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil SeNtee
Commission certification be made a matter of
record. Seconded by Robbins. Motion carried 7.
O.
Health Holub
Benji Young
John Pace
Joseph Messerich
Ted McClimon
Jeff Stewart
Interagency Agreement Between City and
Dubuque County Board of Health for Inspection
of Pools and Spas: City Manager
recommending approval of an Interagency
Agreement between the City of Dubuque and
the Dubuque County Board of Health for
Inspection of Pools and Spas in Dubuque
County, presented and read. Suol moved that
the communication be received and filed and
concurred with recommendation. Seconded by
Robbins. Motion carried 7.0.
Tentative Agreement Between the City of
Dubuque and the Dubuque Professional
40
Regular Session, February 19, 2001
Firefighters Association, Local #353; City
Manager recommending approval of a Tentative
Agreement between the City of Dubuque and
the Dubuque Professional Firefighters
Association, Local #353, for a three year period,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
RESOLUTION NO. 49-01
ACCEPTING THE TENTATfVE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA,
AND THE DUBUQUE PROFESSIONAL
FIREFIGHTERS ASSOCIATION, LOCAL #353
AND AUTHORIZING THE MAYOR TO SIGN
THE AGREEMENT
Whereas, the Sixty-Fifth Generaf Assembly
adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public
employer within the meaning of Section 3 (1) of
the Public Employmel1t Relations Act; and
Whereas, the Dubuque Professional
Firefighters Association, Local #353 is an
employee organization within the meaning of
Section 3 (4) of the Public Employment
Relations Act; and
Whereas, the Dubuque Professionaf
Firefighters Association, Local #353, submitted a
request to bargain collectively on behalf of the
employees within its representation; and
Whereas, bargaining between the parties has
occurred and tentative agreement has been
reached.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, fOWA;
Section 1, That the terms of the tentative
agreement be accepted and the Mayor
authorized and directed to sign the collective
bargaining agreement.
Passed, approved and adopted this 19th day
of February, 2001.
Terrance M, Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
U,S. Department of Housing and Urban
Development: Communication of the U ,So
Department of Housing and Urban Development
advising that they have reviewed the City's audit
report for the period July 1, 1999 through June
30, 2000, presented and read. Buol moved that
the communication be received and filed.
Seconded by Robbins. Motion carried 7-0.
Iowa Department of Transportation:
Communication from the Iowa Department of
Transportation advising of four public input
meetings to be held around the State, presented
and read. suor moved that the communication
be received and filed. Seconded by Robbins.
Motion carried 7.0.
State Grant Contract for Design Guidelines
Manual; City Manager recommending approval
of a contract with the State Historical Society of
Iowa for a $7,500 grant the City has received to
develop a design review guidelines booklet for
historic districts, presented and read. Buol
moved that the communication be received and
filed. Seconded by Robbins. Motion carried 7 -0.
Downtown Vision Process: City Manager
recommending confirmation of a facilitator for
the Downtown Vision Process, presented and
read. Buol moved that the communication be
received and filed. Seconded by Robbins.
Motion carried 7-0.
Bunker Hill Golf Course; Agreement with Golf
Professional: City Manager recommending
approval of a management agreement with
G,M,S" Inc. (George Stephenson) for the
Bunker Hill Golf Course operation, presented
.and read. Buol moved that the communication
be received and filed and concurred with the
recommendation. Seconded by Robbins. Motion
carried 7-0,
Urban Revitalization / Tax Exemption Applica-
tions: City Manager recommending approval 01
the eligible Calendar Year 2001 Urban
Revitalization Applications, presented and read.
Buol moved that the communication be received
and filed, Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 50-01
RESOLUTION APPROVING RESIDENTIAL
PROPERTY TAX EXEMPTION APPLICA-
TIONS SUBMITTED BY PROPERTY OWNERS
IN RECOGNIZED URBAN REVITALIZATION
AREAS AND AUTHORIZING THE TRANS-
MITTAL OF THE APPROVED APPLICATIONS
TO THE CITY TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa,
the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made
to properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires
property owners to submit a written application
for exemption by February 1 of the assessment
year fOf which the exemption is 1irst claimed,
and further requires the City Council to approve
all applications that meet the requirements 01 the
adopted Urban Revitalization Plan and forward
the approved applications to the City Assessor
for review by March 1 at each year; and
Whereas, pursuant to the requirements of said
Urban Revitalization Act, the following Urban
Revitalization Areas were established: Jackson
Regular Session, February 19, 2001
41
.
Park, Washington Streel, West 11 'h Street,
Upper Main SIreet, and Garfield Place; and
Whereas, the City Clerk of the City of
Dubuque, as of February 1, 2001, received tax
exemption applications from the following
property owners in the aforementioned urban
revitalization district.
West 11tl'\ Street Urban Revitalization Area
Old Main Properties/Steven Gudenkaut, 1353
Bluff Street
David and Joyce Banfield, 975 Center Place
Pablo and Julie Ramirez, 1509-1511 Bluff Street
Eck Real Estate, 1535-1537 Bluff Streel
Gail Yunk, 559 Chestnut
'h
Peter and Angela Eck, 646-652 W. 11 Street
Peter and Angela Eck, 440 Loras Boulevard
Washinaton Street Urban Revitalization Area
Roger C. Welbes, 1946 Jackson Street
Patricia Ginter, 1559 Washington Street
Unoer Main Urban Revitalization Area
Kenneth J Moore and Linda L. Moore, 1199
Central Avenue
.
Garfield Place
Scott A. Porter, 511 Garfield Avenue
Whereas, the Community and Economic
Development Department, the Building Services
andlor the Housing Services DiviSion have
reviewed the above-described applications and
inspected the properties, and have determined
that the applications and the improvements
conform to all requirements of the City of
Dubuque's Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the above-described tax
exemption applications meet the requirements of
the City of Dubuque's Urban Revitalization Plan.
Section 2. That the above-described tax
exemption applications are hereby approved by
the City Council, subject to the review and
approval of the City Assessor.
Section 3. That the City Clerk is hereby
authorized and directed to forward the above-
described tax exemption applications to the City
Assessor.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buoi moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
.
RESOLUTION NO. 51-01
RESOLUTION APPROVING LATE FILED
RESIDENTIAL PROPERTY TAX EXEMPTION
APPLICATIONS SUBMITTED BY PROPERTY
OWNERS IN RECOGNIZED URBAN
REVITALIZATION AREAS AND AUTHORI-
ZING THE TRANSMITTAL OF THE AP-
PROVED APPLICATIONS TO THE CITY TAX
ASSESSOR
Whereas, Chapter 404 of the Code of Iowa,
the Urban Revitalization Act, permits cities to
exempt property taxes for improvements made
to properties in designated revitalization areas;
and
Whereas, the Urban Revitalization Act requires
property owners to submit a written application
for exemption by February 1 of the assessment
year for which the exemption is first claimed, yet
provides for the acceptance, by Resolution of
the City Council, of applications filed beyond the
legislated deadline and further requires the City
Council to approve all applications that meet the
requirements of the adopted Urban
Revitalization Plan and forward the approved
applications to the City Assessor for review by
March 1 of each year; and
Whereas, pursuant to the requirements of said
Urban Revitalization Act, the following Urban
Revital1zation Areas were established: Jackson
Park, Washington Street, West 1 tth Street and
Upper Main Street; and
Whereas, the City Clerk of the City of
Dubuque, as of February 1, 2001, received tax
exemption applications for improvements made
in previous years from the following property
owners in the aforementioned urban
revitalization districts:
West 11th Street Urban Revitalization Area
YEAR
Gloria Ede, 640 W. II'h Street 1998
Gaii Yunk, 559 Chestnut Street 1998
Whereas, the Community and Economic
Development Department and the Building
Services and/or the Housing Services Division
have reviewed the above.described applications
and inspected the properties, and have
determined that the applications and the
improvements conform to all requirements of the
City of Dubuque=s Urban Revitalization Plan.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. That the above-described tax
exemption applications meet the requirements of
the City of Dubuque's Urban Revitalization Plan.
Section 2. That the above-described tax
exemption applications are hereby approved by
the City Council, subject to the review and
approval of the City Assessor.
Section 3. That the City Clerk is hereby
authorized and directed to forward the above-
described tax exemption applications to the City
Assessor.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
42
Regular Session, February 19, 2001
Clara Street Place - Acceptance: City
Manager recommending acceptance of the
public improvements as compleled by Mercy
Medical Center in Clara Street Place, presented
and read. Buol moved that the communication
be received and filed. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 52-01
ACCEPTING IMPROVEMENTS IN CLARA
STREET PLACE
Whereas, pursuant to Resolution 447-99,
certain improvements including street paving,
storm sewer, sanitary sewer, and watermain
were Installed by the deveioper of Clara Street
Place; and
Whereas, the improvements have been
completed and the City Manager has examined
the work and has filed a certificate stating that
the same has been completed in accordance
with the plans approved by the City Council and
in conformance with City specifications, and has
recommended that the improvements by
accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvements in Clara Street Place be and the
same is hereby accepted.
Section 2. That maintenance of said
improvements shall be the responsibility of the
contractor and the owner for a periOd of two (2)
years from this date.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
Fischer Cold Storage Warehouse Asbestos
Abatement Project - Acceptance: City Manager
recommending acceptance of the Fischer Cold
Storage Warehouse Asbestos Abatement
Project in the final contract amount of 83,200,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Robbins. Motion carried 7-0.
RESOLUTION NO. 53-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Fischer Cold
Storage Warehouse Asbestos Abatement
Project has been completed and the City
Manager has examined the work and filed his
certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvemenl be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of this contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 54-01
FINAL ESTIMATE
Whereas, the contract for the Fischer Cold
Storage Warehouse Asbestos Abatement
Project has been completed and the City
.Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be 83,200.00 and the said
amount shall be paid from General Fund of the
City of Dubuque, Iowa.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the Resolution.
Seconded by Robbins, Motion carried 7-0.
Salina Street Reconstruction Project: City
Manager recommending a change from
concrete panels to wooden railroad ties on
portions of the Salina Street Reconstruction
Project, presented and read. Buol moved that
the communications be received and filed and
approved change. Seconded by Robbins.
Motion carried 7 -0.
Supplement #48 of the Code of Ordinances:
City Manager recommending adoption of
Supplement #48 to the City of Dubuque Code of
Ordinances, presented and read. Buol moved
that the communication be received and filed.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 55-01
ADOPTING SUPPLEMENT NO. 48 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Regular Session, February 19, 2001
43
.
Whereas, under date 01 July 17, 1989, the City
Council, pursuant to Ordinance No. 34-89,
readopted the Code of Ordinances of the City of
Dubuque, Iowa for ordinances adopted up to
and including December 19,1988; and
Whereas, since December 19, 1988 the City
Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code
of Ordinances and said amendments have been
printed as supplements to the Code 01
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 48 01 the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 105-00 enacted through December 4, 2000
and prepared by the Sterling Codifiers, Inc,
Weiser, ID hereto filed in the attice of the C'lty
Clerk of the City of Dubuque, Iowa be and is
hereby adopted and becomes part of the Code
of Ordinances 01 the City of Dubuque, Iowa.
Passed, approved and adopted this 19th day
of February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
.
Senator Grassley Letter: Communication of
City Manager to Senator Grassley requesting his
support of S. 88 regarding broadband access in
rural and [ow income areas, presented and read.
Buol moved that the communication be received
and filed and approved letter. Seconded by
Robbins. Motion carried 7-0.
Business Licenses:
.
RESOLUTION NO. 56-01
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
Clark Retail # 2354 Clark Retail Enterprises, Inc
700 Rhomberg
Passed, approved and adopted this 19th day
of February ,2001.
Terrance M. Duggan, Mayor Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 57-01
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
compiy with the State Laws and all City
Ordinances relevant thereto and they have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS "C" BEER I LIQUOR LICENSE
Melvin G. Spiegelhalter The Clubhouse
+(Sunday Sale) 2364 Washington
Charles Steffen Tony's Place
+(Sunday Sale) 1701 Central Ave
Passed, approved and adopted this 19th day
of February, 2001
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
RESOLUTION NO. 58-01
Whereas, applications tor Beer Permits have
been submitted and filed 10 this Council lor
approval and the same have been examined
and approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Kids World Pizza Place/Fun Center Kid's World
Pizza/Fun Center+(Sunday Saie) 3033 Asbury
CLASS "C" BEER PERMIT
Clark Retail Enterprise, Ino Clark# 2354
+(Sunday Sale) 700 Rhomberg Ave
Lee W. Potter West Locust Mart
405 West Locust
Passed, approved and adopted this 19th day
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Robbins. Motion carried 7-0.
BOARDS/COMMISSIONS
APPOINTMENTS to the following
Boards/Commissions:
44
Regular Session, February 19, 2001
Building Code Board of Appeals (2
Vacancies): Markham moved that Chuck Carr
be appointed for the General Contractor position
for term ending 8/1/03 and Richard Luchsinger
for the At. Large position for term ending 8/1/03.
Seconded by Nicholson. Motion carried 7-0.
Community Development Advisory
Commission (4 Vacancies): Markham moved
that James Giesen be reappointed for the At-
Large position for term ending 2/15/04 and
Charles Isenhart be appointed for Census Tract
No. 1 position for term ending 2/15/03.
Seconded by Nicholson. Motion carried 7-0.
Environmental Stewardship Advisory
Commission (1 Vacancy): Robbins moved that
Art Sunleaf be appointed to the unexpired term
ending 10/1/02. Seconded by Buol. Motion
carried 7-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to address the Council.
Seconded by Robbins. Motion carried 7-0.
989 Langworthy . Rezoning Request of
William May: Proof of publication on notice of
hearing to consider rezoning property located at
989 Langworthy from R-2 Two-Family
Residential District to OS Office Service District,
presented and read. Buol moved that the proof
be received and filed. Seconded by Robbins.
Motion carried 7-0.
Dr. May spoke requesting rezoning to allow
placement of his dentist's office.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 989 Langworthy
from R-2 Two-Family Residential District to OS
Office Service District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 9a9 LANGWORTHY
FROM R-2 TWO-FAMILY RESIDENTIAL
DISTRICT TO OS OFFICE SERVICE DISTRICT.
NOW, THEREFORE, BE IT ORDAiNED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter described property from R-2 Two-
Family Residential District to OS Office Service to
wit:
Lots 5, 6, 7 and west 'h of Lot 8 Massey
Heights Addition, and to the centerline of the
adjoining pubiic right-of-way, all in the City of
Dubuque, Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take affect
immediately upon publication, as provided by law.
Passed, approved and adopted this 19th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26~ day of February, 2001.
Jeanne F. Schneider, City Clerk
11 2/26
Suol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
.consideration and passage of the Ordinance.
Seconded by Robbins. Motion carried 7-0.
Highway 20 Corridor Between Sluff Street and
Cherokee Drive - Rezoning Request Proof of
publication on notice of hearing to consider
rezoning property located in the Highway 20
Corridor between Bluff Street and Cherokee
Drive/Collins Street from R-1 Single-Family
Residential, R-2 Two-Family Residential. C-1
Neighborhood Commercial, OR Office
Residential, OS Office Service and C-3 General
Commercial Districts, to OS Office Service and
POS Public Open Space Districts, presented
and read. Robbins moved that the proof and
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located along Highway 20
from Sluff Street west to Cherokee Drive from R-
1 Single-Family Residential, R-2 Two-Family
Residential, C-! Neighborhood Commercial, OR
Office Residential, OS Office Service and C-3
General Commercial Districts, to OS Office
Service and POS Public Open Space Districts,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONtNG ORDINANCE) OF THE CtTY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED ALONG HIGHWAY 20
FROM BLUFF STREET WEST TO CHEROKEE
Regular Session, February 19, 2001
45
.
DRIVE FROM R-1 SINGLE.FAMILY RESIDEN-
TIAL, R-2 TWO-FAMILY RESIDENTIAL, C-1
NEIGHBORHOOD COMMERCIAL, OR OFFICE
RESIDENTIAL, OS OFFICE SERVICE AND C-3
GENERAL COMMERCIAL DISTRICTS, TO OS
OFFICE SERVICE AND POS PUBLIC OPEN
SPACE DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinaher described property from R.l
Single-Family Residential, R-2 Two-Family
Residential, C-1 Neighborhood Commerciai, OR
Oftice Residentiai, OS Office Service and C-3
General Commercial Districts, to OS Oftice
Service and POS Public Open Space, as shown in
Exhibit A, and to the center line of the adjoining
public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has
heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect
immediately upon publication, as provided by Jaw.
Passed, approved and adopted this 19- day 01
February, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 26~ day of February, 2001.
Jeanne F. Schneider, City Clerk
11 2/26
Robbins moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Buol. Motion carried 7-0.
.
.
Lamar Advertising Request for Text
Amendment to Zoning Ordinance: Proof of
publication on notice of hearing to consider an
amendment to Section 4-3.11 of the Zoning
Ordinance to increase minimum spacing of off.
premise signage, presented and read.
Jim Schumacher of Lamar Advertising and
Chrjs Iverson as VP and General Manager of
Lamar spoke in favor of the text amendment.
Jennifer Sloan and Gene Bird of Bird Signs
spoke in opposition to the proposed Ordinance.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ord'lnances by repealing Section 4-3.11
Scheduie of Sign Regulations for Off-Premise
Signs and adopting a new Section 4-3.11
Schedule of Sign Regulations for the Oft-
Premise Sings in lieu thereof, pertaining to
increasing the spacing between off4premise
signs from 100 feet to 750 feet, presented and
read. Nicholson moved to table action on this
Ordinance and to refer it back to the Zonlng
Advisory Commission. Seconded by Suo!.
Carried by the following vote: Yeas-Duggan,
Michalski, Nicholson, Buol, Cline. Nays-
Markham, Robbins.
Five Flags Theater Renovation - Award
Contract: Proofs of publication on notice of
hearing on plans and specs and notice to
bidders on the receipt of bids for construction of
the Five Flags Theater Renovation Project and
City Manager recommending to award contract
for the project to Klauer Construction Company
in the amount of 5699,950, presented anlt read.
Buol moved that the proof and communication
be received and filed. Seconded by Michalski.
Motion carried 740.
RESOLUTION NO. 59-01
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 15th day of January, 2001,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk 01
Dubuque, Iowa for the FIVE FLAGS THEATER
RENOVATION PROJECT.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 19th day
of February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Michaiski. Motion carried 7-0.
RESOLUTION NO. 60-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Five Flags
Theater Renovation Project pursuant to
Resoiution No. 18-01, and notice to bidders
published in a newspaper published in the City
of Dubuque, Iowa, on the 9th day of February,
2001.
Whereas, said sealed proposals were opened
and read on the 8th day of February, 2001, and
it has been determined that the bid of KLAUER
CONSTRUCTION COMPANY, in the amount of
5699,950 was the lowest bid for the furnishings
of all labor and materials and performing the
45
Regular Session, February 19, 2001
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to KLAUER CONSTRUCTION
COMPANY. and the Manager be and is hereby
directed to execute a contract on behalf of the
City of Dubuque for the complete perlonmance
of the work,
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractors bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed. approved and adopted this 19th day
of February. 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the Resolution.
Seconded by ~nchalski. Motion oarried 7-0.
Allan J. Becker. Request to Vacate: Proof of
publication on notice of public hearing to
consider disposing of City interest in Lot 2A of
Bradley Place. Dubuque, Iowa and
communication of City Manager recommending
approval of the disposition to Allen J. Becker,
representing Oarl<a Corp., a/kJa Hawkeye Boat
Sales & Service, Inc.. presented and read.
Robbins moved that the proof and
communication be received and filed. Seconded
by Markham. Motion carried 7 -0.
RESOLUTION NO. 51-01
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 2A OF BRADLEY PLACE,
DUBUQUE. IOWA
Whereas. pursuant 10 resolution and published
notice of time and place of hearing. pllblished in
lhe Telegraph Herald. a newspaper of general
circlllation ,i;'"blished in the City of Dubuque.
Iowa on 9' day of February. 2001. the City
Council of the City of Dubllqlle. Iowa met on the
19" day 01 February. 200\, al 6:30 p.m. in the
Public Library Allditorillm. ll1h and Locust.
Dubuque. Dubuque, County, Iowa 10 consider
the proposal for the sale of real estate described
us:
Lot 2,\ of Bradley Plnce in the City of
Dllbllque, Iowa
WheroM, tile City COllncit of the City of
DlJbllqlltJ, lown Qverruled any Rnd all oblections,
ami or written to tho proposnl to sell such real
eS18ld, oxcopl for easamont a.s noted.
NOW Tl-IEREFORE. BE IT RESOLVED BY
HIE CITY COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
Soctiol\ 1. Th.:11 It,,, SElla of City of Dubuque
ronl property doscribed l1S Lot 2A of Bradley
Pk1ce in tho) City 01 DllbllqllO, Iowa to Oarka.
Corp., aJl<Ja Hawkeye Boat Sales & Service. Inc.
be and the same is hereby approved lor the sum
of 55,300.00. plus cost of publication. platting
and filing fees. Conveyance shall be by Quit
Claim Deed.
Section 2. The City of Dubuque reserves unto
itsell a perpetual easement including 1he right of
ingress and egress thereto. for the purpose of
erecting, instatltng, construction, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable. and electric lines as may be authorized by
the City of Dubuqlle, Iowa.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Oarka. Corp., elk/a Hawkeye Boat Sales &
Service. Inc. upon receipt of the purchase price
in full.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor. Dubuqlle County Recorder and
Dubuque County Allditor.
Passed, approved and adopted this 19th day
of February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Robbins moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Area Residential Care. Inc. - Request to
Vacate: Proof of publication on notice of public
hearing to consider disposing of City interest in
Lot 2A or Block 15 of River Front Subdivision
No. 3 of Bradley Place. Dubuque. Iowa and
communication of City Manager recommending
approval of the disposition to Area Residential
Care. Inc.. presented and read. Markham moved
that the proof and communication be received
and filed. Seconded by Nicholson, Motion
carried 7-0.
RESOLUTION NO. 52-01
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 2A OF BLOCK 15 OF
RIVER FRONT SUBDIVISION NO.3,
DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald. a newspaper of general
circulation ~ublished in the City or Dubuqlle,
Iowa on 9' day of February. 2001. the City
Council of the City or Dubuque, Iowa met on the
19th day of February, 2001. at 6:30 p.m. in the
Public Library Auditorium, 11 th and Locust.
Dubuque, Dubuque, County, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 2A or Block 15 of River Front Subdivision
NO.3 in Ihe City of Dubuque, Iowa
Regular Session, February 19, 2001
47
.
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubllque
real property described as Lot 2A of Block 15 of
River Front Subdivision No. 3 in the City of
Dubllqlle, Iowa to Area Residential Care, Inc. be
and the same is hereby approved for the Sllm of
$5,880.00, pillS cost of publication, planing and
filing fees, Conveyance shall be by Quit Claim
Deed,
Section 2. The City of Dubllque reserves unto
itself a perpetual easement including the right of
ingress and egress thereto, for the purpose of
erecting, installing, construction, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, Lv.
cable, and electric lines as may be authorized by
the City of Dllbuqlle, Iowa.
Section 3. ThaI the Mayor be allthorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Jon Romaine representing Area Residential
Care, Inc. upon receipt of the purchase price in
Illll.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dllbuqlle County Auditor.
Passed, approved and adopted this 19th day
of February. 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
Thomas Lllksetich and Steve Smith - Request
to Vacate: Proof of publication on notice of
public hearing to consider disposing of City
interest in Lot 1 A of Block 13 of River Front
Sllbdivision No.3. Dubuque, Iowa and
communication of City Manager recommending
approval of the disposition to Thomas Luksetich
and Steve Smith, representing Talass. L.L.C"
presented and read. Buoi moved that the proof
and communication be received and filed.
Seconded by Robbins. Motion carried 7-0,
.
RESOLUTION NO. 53-01
RESOLUTION DISPOSING OF CITY NTEREST
IN LOT 1A OF BLOCK 13 OF RIVER FRONT
SUBDIVISION NO.3, DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Teiegraph Herald, a newspaper of general
circulation published in the City of Dubuqlle,
Iowa on 9th day of February, 200t, the City
Council of the City of Dubllque, Iowa met on the
19th day of February, 2001, a15:30 p.m. in the
Public Library Allditorium, 11th and Locust,
Dubuqlle, Dubllque, COllnty, Iowa to consider
the proposal for the sale of real estate described
as:
Lot 1 A of Block 13 of River Front Subdivision
No.3 in the City of Dllbuque, Iowa
Whereas. the City COllncil of the City of
Dubuque, Iowa overruled any and all obiections,
oral or written to the proposal to sell such real
estate, except for easements as noted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCiL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lot 1 A of Block 13 of
River Front Subdivision No. 3 in the City of
Dubllque, iowa to Taiass. L.L.C., be and the
same is hereby approved for the sum of
$12,750,00, pluscost 01 pllblication, platting and
filing fees. Conveyance shall be by Ollit Claim
Deed.
Section 2. The City of Dubuque reserves unto
itself a perpetuai easement inciuding the right of
ingress and egress thereto, for the purpose of
erecting, installing, construction, reconstructing,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City 01 Dllbllque. Iowa.
Section 3. That the Mayor be allthorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby allthorized and
directed to deliver said deed of conveyance to
Talass, L.L.C., upon rece/pl of the purchase
price in full.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy 01 this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuqlle COllnty Allditor.
Passed, approved and adopted this 191h day
of Febrllary, 2001.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resollltion,
Seconded by Robbins. Motion carried 7-0.
Lease with United Rentals, Inc.: Proof of
publication on notice of public hearing to
consider disposing of City interest in real
property and City Manager recommending
approval of a lease with United Rentals, fnc, for
property located at 301 Iowa Street, presented
and read. Robbins moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7.0.
48
Regular Session, February 19, 2001
RESOLUTION NO. 64-01
DISPOSING OF AN INTEREST IN REAL
PROPERTY BY LEASE WITH UNITED
RENTALS, INC.
Whereas, the City of Dubuque, Iowa (City)
intends to purchase the following real property
(the Property) from Plastic Center, Inc.:
The West 88 feet 3 inches - North t 1 feet 4
inches of Lot 1, the South 39.5 feet of Lot 1, and
Lot 2, of City Lot 524, the balance of Lots 1 and
2 of City Lot 525 and the western balance of City
Lots 526 and 527, all in the City of Dubuque,
Iowa
And Whereas, United Rentals, Inc. (United)
desires to lease the Property for the operation of
an equipment rental business upon the terms
set forth in the Lease attached hereto as Exhibit
A;
And Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to enter into the Lease with United;
And Whereas, on February 19, 2001, the City
Council pursuanf to notice published as required
by law, held a public heanng on its intent to
dispose of fhe foregoing interest in real property
and overruled all objections thereto;
And Whereas, the City Council finds that it is in
the best interest of the City to approve the
disposition of such real property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, approves the Lease attached
hereto and the Mayor is hereby authorized and
directed to sign this resolution and the Lease.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Buol moved to reinstate the rule limiting
discussion to Council. Seconded by Cline.
Motion carried 7-0.
ACTiON ITEMS
Bressler Outdoor Advertising: Communication
of Jennifer Sloan, General Counsel for Bressler
Outdoor Advertising requesting to address the
Council regarding the issuance of a building
permit to construct a sign structure at 3220
Dodge Street, presented and read. Nicholson
moved to receive and file the communication.
Seconded by Markham. Carried by the following
vote: Yeas-Buoi, Duggan, Markham,
Michalski, Nicholson, Robbins. Nays-Cline.
Attorney Jennifer Sloan, 170 W. Fairbanks
Ave., Winter Park, Fl as counsel for Bressler
Advertising spoke requesting issuance of the
building permit. Nicholson moved to direcf the
Building Department to issue the permit upon
receipt of the plans. Seconded by Markham.
Carried by the following vote: Yeas-Buol,
Duggan, Michalski, Markham, Nicholson,
Robbins. Nays-Cline.
Amendments to the Historic Preservation
Ordinance: Communication of the Historic
Preservation Commission and the Preservation
Task Force recommending amendments to the
Historic Preservation Ordinance, presented and
read. Cline moved that the communication be
received and filed. Saconded by Buoi. Motion
carried 7-0.
Terry Mozena, Chair of the Histone
Preservation Comm. spoke requesting adoption
of the amendments. An Ordinance amending
Chapter 25 (Historic Preservation) of the Code
of Ordinances of the City of Dubuque, presented
and read. Cline moved that this be considered
the first reading of the Ordinance. Seconded by
.Buol. Motion carried 7-0.
Initiatives to Support Historic Preservation in
Dubuque: Communicaflon of the Historic
Preservation Commission and the Preservation
Task Force recommending initiatives to support
historic preservation in Dubuque, presented and
read. Buol moved that the communication be
received and filed and that they approve the
recommendation supporting the initiatives.
Jaycees/Peosta Channel Trail Project: City
Manager recommending to lower the height of
the levee where appropriate tor construction of
fhe Dubuque Jaycees/Peosta Channel Trail
Project, presented and read. Buol moved fhat
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 65-01
RESOLUTION APPROVING A REQUEST TO
LOWER THE HEIGHT OF THE LEVEE WHERE
APPROPRIATE FOR THE CONSTRUCTION
OF THE DUBUQUE JAYCEES / PEOSTA
CHANNEL TRAIL PROJECT
Whereas, in the process of designing the
Jaycees / Peosta Channei Trail Project, it was
determined that several sections of the earthen
levee were constructed at an elevation higher
than the design elevation of the levee, to allow
for the possibility of some settlement of the fill;
and
Whereas, the City and the U.S. Army Corps of
Engineers has determined that this additional
height is not needed and does not provide any
additional level of protection against high water;
and
Regular Session, February 19, 2001
49
.
Whereas, lowering the levee will provide a
wider top on the levee, which can be used to
give some design flexibility along the trail to
include such amenities as additional
landscaping, seating area, and possibly a small
plaza viewing area; and
Whereas, the City Council concurs in the
lowering of the levee to no less than its original
design elevation.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUOUE, IOWA:
Section 1. That the plans for the
Jaycees/Peosta Channei Trail Project should
incorporate the lowering of the earthen levee to
no less than its original design elevation.
Section 2. That the City Manager be
authorized to sign the Corps of Engineer's
Construction Permit application for this project,
including the lowering of the levee.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0. .
.
Nationa! League of Cities: Communication
from the National League of Cities appointing
Council Member Dan Nicholson to the
Information Technology and Communications
(ITC) Steering Committee for the League,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
Certificates of Completion - CIGNA: City
Manager recommending approval of two
Certificates of Completion for the CIGNA project,
presented and read. Robbins moved that the
communication be received and filed and
concurred with the recommendation. Seconded
by Buol. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski thanked the Council and Staff for
their good wishes at the time of her recent
surgery. Duggan expressed appreciation for the
$30 Million grant from Vision Iowa. Markham
stated that the presentation for the Vision Iowa
grant request was great, an outstanding job
done by the presenters.
ITEMS TO BE SET FOR PUBliC HEARiNG
.
City of Dubuque Fiscal Year 2002 Budget:
City Manager recommending that a public
hearing be set for March 6, 2001 to consider
adoption of the Fiscal Year 2002 budget and the
Five Year Capital Improvement Program,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 66-01
RESOLUTION SETTING THE DATE OF THE
PUBLIC HEARING ON THE FISCAL YEAR
2002 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Section 384.16 of the Code of Iowa
provides that the City Council shall set a time
and place for a public hearing on the budget
before the final certification date and shall
publish noltce before the hearing as provided in
Section 362.3 of the Code of Iowa.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct
a publiC hearing on the proposed 2001-02
budget of the City of Dubuque at the Carnegie
Stout Public Library Auditorium, 360 West 11th
Street, Dubuque, Iowa, on Tuesday, March 6,
2001, beginning at 6:30 p.m.
Section 2. That the City Cierk be and is hereby
authorized and directed to publish according to
law notice of public hearing together with the
required budget information.
Passed, approved and adopted this 19th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 67-01
SETTING THE DATE OF PUBLIC HEARING
ON THE FIVE YEAR CAPITAL
IMPROVEMENT PROGRAM
Whereas, a proposed five year Capital
Improvement Program for the City of DUbuque
has been prepared and submitted to the City
Council; and
Whereas, the capital projects for the first year
are included in the Fiscal Year 2002 budget for
the City of Dubuque; and
Whereas, it is deemed to be in the best
interest of the City of Dubuque to conduct a
public hearing and to adopt the five year Capital
Improvement Program simultaneously with the
public hearing and adoption of the Fiscal Year
2002 budget for the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct
a public hearing on the five year Capital
Improvement Program at the Carnegie Stout
Public Library AuditoTlum, 360 West 11th Street,
Dubuque, Iowa, on Tuesday, March 6, 2001,
beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby
authorized and directed to publish notice of the
public hearing.
50
Regular Session, February 19, 2001
Passed, approved and adopted this 19" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Mississippi River Discovery Center Utility
Relocation Project - Initiate: City Manager
recommending initiation of the bidding process
for the Mississippi River Discovery Center Utility
Relocation Project and that a pUblic hearing be
heid on March 19, 2001, presented and read.
Buol moved that the communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0
RESOLUTION NO. 68-01
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUOUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Mississippi
River Discovery Center Utility Relocation
Project, in the estimated amount of $528,200,
are hereby approved and ordered filed in the
office of the City Clerk for pUblic inspection.
Passed, adopted and approved this 19th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 69-01
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Mississippi River Discovery Center Utility
Relocation Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 19th day of March, 2001, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium, at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
proposed plans, specifications, contract, or
estimated cost of the improvement.
Passed, adopted and approved this 19th day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 70.01
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Mississippi River Discovery Center
Utility Relocation Project Is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the security to accompany each bid shall be in
an amount which shall conform to the provisions
of the notice to bidders hereby approved as a
part of the plans and speCifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than tour days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 8th day of March, 2001. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for tinal action at
6:30 p.m. on the 19th day of March, 2001.
Passed, adopted and approved this 19'" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
1999 P.C. Concrete Paving Project - No. I (
Bryant, Booth, and Van Buren) Reconstruction
Project Acceptance: City Manager
recommending acceptance of the PC! I (Bryant,
Booth, and Van Buren) Reconstruction Project in
the final contract amount of $2,160,641.20 and
recommending that a publiC hearing be held on
April 2, 2001 on a new watermain and sanitary
sewer assessment added to the project at the
request of a property owner, presented and
read. Buo! moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 71-01
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council of
the City of DUbuque and are now on file in the
office of City Clerk showing among other things
Regular Session, February 19, 2001
51
.
the plans, specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount proposed to be
assessed against each lot and the valuation of
each lot as filed by the City Council, for the 1999
P.C. Concrete Paving Project Cj NO.1 (Bryant
Street, Booth Street, and Van Buren Street).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Council deems it advisable and
necessary for the public welfare to make the
herein mentioned improvements, and unless
property owners at the time of the final
consideration of this proposed resolution have
on file with the City Clerk objections to the
resolution of necessity, they shall be deemed to
have waived all objections pertaining to the
regularity of the proceeding and the legality of
using the special assessment procedure.
Said improvements shall be constructed and
done in accordance with the plans and
specifications which have been approved by the
City Council and now on file with the City Clerk.
That the cost and expense of making such
improvement wiii be assessed partialiy or totaiiy
against privately owned property lying within the
assessment limits, and in an amount not to
exceed that provided by law, and in proportion to
the special benefits conferred.
The portion of the cost which shall be borne by
the City will be paid from the Street Construction
Fund, and special assessment bonds may be
issued in anticipation ot deferred payments of
assessments when a contract has been
performed and accepted, and the proceeds
thereof used to pay the contractor.
The above resolution was introduced,
approved and ordered placed on file with the
City Clerk this 19th day of February, 2001.
Approved and placed on file for final action.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
.
.
RESOLUTION NO. 72-01
FIXING DATE OF HEARING
ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, specifications
and form of contract and placed same on file in
the office of the City Clerk for public inspection,
for the 1999 P.C. Concrete Paving Project - No.
1 (Bryant Street, Booth Street, and Van Buren
Street); and,
Whereas, the proposed Resolution of
Necessity for said improvement has been
introduced and is now on file in the City Clerk's
ottice tor publiC inspection.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 20d day of April, 2001, a public
hearing wiil be heid at 6:30 o'clock p.m. in the
Public Library Auditorium in the City of Dubuque
at which time the owners of property subject to
assessment for the proposed improvement or
any other person having an interest in the matter
may appear and be heard for or against the
making of the improvement, the boundaries of
the district, the cost, the assessment against any
lot, or the final adoption of a resolution of
necessity and the City Cterk be and is hereby
authorized and directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be
publiShed once each week for two consecutive
weeks, the first publication of which shall be not
less than ten days prior to the day fixed for its
consideration. Unless property owners at the
time of the final consideration of this proposed
resolution have on file with the City Clerk
objections to the Resolution of Necessity they
shaH be deemed to have waived ail objections
thereto.
Passed, adopted and approved this 19th day
of February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo\ moved adoption ot the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 73-01
FIXING DATE OF HEARING ON PLANS AND
SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specillcations,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the 1999 P.C. Concrete Paving Project 0 No.
1 (Bryant Street, Booth Street, and Van Buren
Street).
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUOUE, IOWA:
That on the 20d day of April, 2001, a public
hearing will be heid at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
than twenty days prior to the day fixed for its
consideration. At the hearing, any interested
person may appear and file objections to the
52
Regular Session, February 19, 2001
proposed plans, specifications, contract, or
estimated cost of the improvement
Passed, adopted and approved this 19" day of
February, 2001.
Terrance M. Duggan, Mayor
Mest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.\
RESOLUTION NO. 74-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the t999 P.C.
Concrete Paving Project DNa. 1 (Bryant Street,
Booth Street, and Van Buren Street) has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
lerms of the contract, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE iT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
Cily Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Street Construction Fund
in amount equal to the amount of this contract,
less any retained percentage provided for
therein.
Passed, approved and adopted this 19'h day of
February, 2001.
Terrance M. Duggan, Mayor
Altest: Jeanne F. Schneider, Cily Clerk
Buol moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 75-01
FINAL ESTIMATE
Whereas, Ihe contract for the 1999 P.C.
Concrete Paving Project 0 No. 1 (Bryant Street,
Booth Street, and Van Buren Street) has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement is
hereby determined to be $2,160,641.20.
Section 2. That $376,303.64 of the cost
thereof shall be assessable upon privale
property and $1,715,712.94 shall be paid from
the Slreet Construction Fund.
Passed, approved and adopted this 19" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of Ihe Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 76-01
RESOLUTION APPROVING PRELIMINARY
FINAL SCHEDU~E OF ASSESSMENTS
NOW, THEREFORE, BE IT RESOLVED BY
THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Thallhe attached sheets, 1 10 10 inclusive, are
hereby determined to be the schedule of
proposed assessments for the 1999 P .C.
Concrete Paving Project - NO.1 (Bryant Street,
Booth Street, and Van Buren Street) and the
valuations set out herein are hereby approved.
Passed, approved and adopted this 19'" day of
February, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buoi moved adoption 01 the Resoiution.
Seconded by Nicholson. Motion earned 7-0.
At 9:04 P.M. Nicholson moved to go into
Closed Session re: Property Acquisition and
. Litigation that is Imminent (Iowa Code Chapter
21-.5(1)U)(c). Seconded by Buoi. Motion carried
7-0.
AI 9:35 P.M. Council reconvened Reguiar
Session.
There being no further business, Nicholson
moved 10 adjourn. Seconded by Buoi. The
meeting adjourned at 9:36 P.M.
2001
01
,~~
~.~~
. _t' ~lf,y,t)
Council Members
Special Session, February 21,2001
53
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 21,
2001
Council met in special session at 6:15 p.m. at
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Ciine, Markham, Michalski (by telephone),
Nicholson, Robbins, City Manager Michael Van
Milligen
Mayor Duggan read the call and stated this is
a special session of the City Council called for
the purpose of discussing various City budgets.
The Fiscal Year 2002 proposed budgets for
the Civic Center Division, Recreation Division,
Park Division, Information Services Department,
and Cable TV Division were presented and
discussed.
There being no further business, Nicholson
moved to adjourn. Seconded by Robbins.
Motion carried 7-0. The meeting adjourned at
8:02 p.rn.
.
Is/ Jeanne F. Schneider
Cily' Clerk
.
:::fJ!!!; 17
~
2001
2001
Council Members
r~~
City Clerk
54
Special Session, February 26, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 26,
2001
Council met in special session at 6:15 p.m. at
the Library Auditorium
Present: Mayor Pro. Tern Markham, Council
Members Buol, Cline, Michalski (by telephone),
Nicholson, RolJbins, City Manager Michael Van
Milligen, Corporation Counsel Barry Lindahl
Absent: Mayor Duggan
Mayor Pro- Tem Markham read the call and
stated this Is a special session of the City
Council called for the purpose of discussing
various City budgets and to conduct a publiC
hearing on the expenditure of Community
Development Block Grant Funds.
The Community and Economic Development
Department budget was presented. Mayor Pro-
Tem Markham opened the public hearing on the
Community Development Block Grant Funds.
No one spoke on the CDBG budget.
Rhodes (Bud) Isenhart, 8908 Quail Ridge
Court, spoke regarding the City's TIF Program
and requested that it be recognized that all
taxpayers in the County contribute toward this
program, not only City residents.
The proposed Fiscal Year 2002 budget for the
Planning Services Department was then
presented. Mary Lynn Neumeister, Chair of the
Long Range Planning Commission, spoke in
favor of funding for the Zoning Ordinance
update. Terry. Mozena, Chair of the Historic
Preservation Commission, spoke in favor of
funding for the full~time Historic Preservation
Planner position. Mike Gibson, Loras College;
Linda Herbst, Dubuque Main Street, Ltd.; and
Paul Kirkegard, Old House Enthusiasts, all
spoke in favor of adding this position.
Dan LoBianco, Dubuque Main Street, Ltd.,
thanked the Council for funding of the Downtown
Comprehensive Plan, and also stated his
support for the Planner position.
Council Member Buol stated that review of the
Zoning Ordinance has been a priority since 1996
and possibly should be revisited at the next
Council goal setting session to determine if this
is still a priority. Council Member Nicholson
asked that this be brought back at the public
hearing on the Fiscal Year 2002 budget to be
voted upon.
The Human Rights Department, Housing
Services Department, and Water Department
then proceeded with their budget presentations.
At 8:13 p.m. Nicholson moved to go into
Closed Session regarding property acquisition
(Iowa Code Chapter 21.5(1 )0). Seconded by
Robbins. Motion carried 6-0.
At 8:48 p.m. Council reconvened Special
Session stating Staff had been given proper
direction.
There being no further business, Nicholson
moved to adjourn. Seconded by Robbins.
Motion carried 7-0. The meeting adjourned at
8:47 p.m.
Isl Jeanne F. Schneider
City Clerk
Council Members
Special Session, February 27, 2001
55
.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, February 27,
2001
Council met in special session at 6:15 p.m. at
the Library Auditorium
Present: Mayor Pro.Tem Nicholson, Council
Mernbers Buol, Cline, Michalski (by telephone),
Robbins, City Manager Michael Van Mllligen,
Corporation Counsel Barry Lindahl
Absent: Mayor Duggan and Council Member
John Markham
Mayor Pro-Tem Nicholson read the call and
stated this is a special session of the City
Council called for the purpose of discussing
various City budgets.
The Operations and Maintenance Department,
Engineering Division and Transit Division
budgets were presented.
.
Steve Mosiman, 1000 Clarke Drive expressed
concern as to when the steps between West
Locust and Hodgden would be completed.
Randy Lyon, 1915 Admiral; Greg Cigrand, 1865
Admiral; Mrs. Roland Avenarius, 2985 University
all expressed concern about storm water
drainage in that area of town.
Purchase of Services The following
Purchase of Service agencies were represented:
Sue Czeshinski for the Convention and Visitors
Bureau; Steve Jacobs for Project Concern
(Information and Referral, Child Care Referral,
and Foster Grandparent Prograrn); Chuck
Isenhart for the Dubuque Area Labor
Management Council; Dan LoBianco for
Dubuque Main Street, Ltd.; Rick Dickinson for
Greater Dubuque Development Corporation;
David Runyon for Helping Services of Northeast
Iowa; and Myra Benzer and Linda Hathaway for
Retired Senior Volunteer Program.
There being no further business, upon motion
meeting adjourned at 8:47 p,m.
Isl Jeanne F. Schneider
City Clerk
.
Council Members
City Clerk
56
Special Session, February 28, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session. Febnuary 28,
2001
Council met in special session at 6:15 p.m. at
the Ubrary Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Markham. Michalski (by telephone),
Nicholson, Robbins. City Manager Michael Van
Milligen, Corporation Counsel Barry Lindahl
Mayor Duggan read the call and slated this is
a special session of the City Council caiied for
the purpose 01 discussing various City budgets.
The Emergency Communications Center.
Emergency Management Office, Fire
Department, Health Services Department and
Police Department budgets were presented and
reviewed.
There being no further business, Robbins
moved to adjoum. Seconded by Buol. Motion
carried 7.0. The meeting adjourned at 7:49
p.m.
Jeanne F. Schneider
Cily Clerk
.7--
;L./
2001
Council Members
~
City Clerk