City Council Proceedings October 2001Regular Session, October 1, 2001 323
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 1,
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 Terry
Simm, Pastor, First Presbyterian Church.
PROCLAMATIONS: Domestic Violence
Awareness Month (October) received by Lisa
McCarthy; Crop Walk Day in Dubuque (October
7, 2001); Trick or Treat Night (October 31,
2001).
CONSENT ITEMS
Minutes Submitted: Airport Commission of
10/13; City Council of 9/4 and 9/17; Community
Development Advisory Commission of 9/20; Five
Flags Commission of 9/17; Housing Code
Appeal Board of 8/21 and 9/18; Human Rights of
8/13; Library Board of 7/26; Long Range
Planning Advisory Commission of 8/15;
Mechanical Board of 9/12, presented and read.
Michalski moved that the minutes be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
Printed Council Proceedings for July, 2001,
presented and read. Michalski moved that the
proceedings be approved as printed. Seconded
by Nicholson. Motion carried 7-0.
Proof of Publication of City Council
Proceedings of 8/28, presented and read.
Michalski moved that the proof be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
Finance Director submitting the Financial
Reports for the month ending August 31, 2001,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Notice of Claims/Suits: Mark Heacock in
estimated amount of $129.96 for property
damage; Bev Hodgson in undetermined amount
for vehicle damage; Morse Electric, Inc., in
amount of $18,900 for labor and materials used
for renovation of the Bunker Hill Clubhouse,
presented and read. Michalski moved that the
claims and suits be referred to the Legal Staff for
investigation and report. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsel advising that the
following claim has been referred to Public Entity
Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool: Karen A. Healy
for personal injury, presented and read.
Michalski moved that the communication be
received and filed and concurred. Seconded by
Nicholson. Motion carried 7-0.
Citizen Communications: Communication of
James R. Myers regarding the electrical system
at Miller-Riverview Park, presented and read.
Michalski moved that the communication be
received and filed and referred to the City
Manager. Seconded by Nicholson. Motion
carried 7-0.
Request of Frank J. Fincel that a portion of his
property which was involuntarily annexed to the
City of Dubuque in 1979 be detached from the
City, presented and read. Michalski moved that
the communication be received and filed and
referred to the City Manager. Seconded by
Nicholson. Motion carried 7-0.
Wilbricht Lane Storm Sewer - Acceptance:
City Manager recommending acceptance of the
Wilbricht Lane Storm Sewer Reconstruction
Project in the final contract amount of
$21,489.80, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 424-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the Wilbricht Lane
Storm Sewer Improvements Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends 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
General Fund in amount equal to the amount of
324 Regular Session, October 1, 2001
this contract, less any retained percentage
provided for therein.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 425-01
FINAL ESTIMATE
Whereas, the contract for the Wilbricht Lane
Storm Sewer Improvements 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 $21,489.80 and the
said amount shall be paid from the Fiscal Year
2001 General Fund of the City of Dubuque,
Iowa.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Manson Road - Acceptance of Warranty
Deeds: City Manager recommending
acceptance of a warranty deed for a right-of-way
purchase on Manson Road, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 426-01
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF PROPERTY--A PART OF LOT 2-1-
1-1-1-1-2-1-4 OF MINERAL LOT 501 IN THE
CITY OF DUBUQUE--ON MANSON ROAD TO
THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an
Acquisition Agreement with Rodney J. Krapfl
and Mary Jane Krapfl, pursuant to which
Rodney J. Krapfl and Mary Jane Krapfl, agreed
to convey a part of Lot 2-1-1-1-1-1-2-1-4 of
Mineral Lot 501 in the City of Dubuque, Iowa, as
shown on the Acquisition Plat thereof; and
Whereas, Rodney J. Krapfl and Mary Jane
Krapfl, have executed a conveyance of said
property.
NOW, THEREFORE, BE IT RESOLVED B
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, hereby approves of, accepts
and consents to the Warranty Deed from
Rodney J. Krapfl and Mary Jane Krapfl, copies
of which are attached hereto, as required by
Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and
directed to execute and acknowledge on behalf
of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Tanzanite Drive - Acceptance of Deeds: City
Manager recommending acceptance of warranty
deeds for a right-of-way purchase on Tanzanite
Drive, presented and read. Michalski moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 427-01
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF PROPERTY (LOT A OF LOT 1 OF
LOT 2 OF LOT 27, SECTION 2, T89N, R2E, 5TM
P.M., DUBUQUE COUNTY, IOWA) TO THE
CITY OF DUBUQUE FOR TANZANITE DRIVE
EXTENSION
Whereas, the City of Dubuque entered into an
Acquisition Agreement with Harry J. and Mary E.
Althaus, pursuant to which Harry J. and Mary E.
Althaus agreed to convey Lot A of Lot 1 of Lot 2
of Lot 27, Section 2, T89N, R2E, 5th P.M.,
Dubuque County, Iowa, as shown on the
Acquisition Plat thereof; and
Whereas, Harry J. and Mary E. Althaus have
executed a conveyance of said 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, hereby approves of, accepts
and consents to the Warranty Deed from Harry
J. and Mary E. Althaus, copies of which are
attached hereto, as required by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby authorized and
directed to execute and acknowledge on behalf
of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 428-01
A RESOLUTION ACCEPTING A CONVEY-
ANCE OF PROPERTY (LOT A OF LOT 2 OF
LOT 2 OF LOT 27, SECTION 2, T89N, R2E, 5TM
P.M., DUBUQUE COUNTY, IOWA) TO THE
Regular Session, October 1, 2001 325
CITY OF DUBUQUE FOR TANZANITE DRIVE
EXTENSION
Whereas, the City of Dubuque entered into an
Acquisition Agreement with H&M Realty, L.C.,
pursuant to which H&M Realty, L.C., agreed to
convey Lot A of Lot 2 of Lot 2 of Lot 27, Section
2, T89N, R2E, 5th P.M., Dubuque County, Iowa,
as shown on the Acquisition Plat thereof; and
Whereas, H&M Realty, L.C. has executed a
conveyance of said 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, hereby approves of, accepts
and consents to the Warranty Deed from H&M
Realty, L.C., copies of which are attached
hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and
directed to execute and acknowledge on behalf
of the City of Dubuque any instruments in
connection herewith.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Woodward Place - Plat of Survey: City
Manager recommending approval of the plat of
survey of Woodward Place to expand an off-
street parking lot for use by Woodward
Communication, Inc. employees and the
Dubuque Museum of Art at the northeast corner
of Bluff Street and 7th Street, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 429-01
A RESOLUTION APPROVING THE PLAT OF
SURVEY OF WOODWARD PLACE IN THE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a plat of survey of Woodward Place in the
City of Dubuque; and
Whereas, upon said plat of survey appears a
lot to be known as Lot 2 Woodward Place, which
the owners by said plat of survey have
dedicated to the public forever; and
Whereas, said plat of survey has been
reviewed by the City Planner and had her
approval endorsed hereon; and
Whereas, said plat of survey has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating hereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Lot 2
Woodward Place as it appears on said final plat,
be and the same are hereby accepted; and,
Section 2. That the plat of survey of Woodward
Place is hereby approved and the Mayor and
City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque,
Iowa, upon said survey plat.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
America's River Project - Boating
Infrastructure Grant: City Manager
recommending approval of a grant application to
the Iowa Department of Natural Resources
(IDNR) for Federal Boating Infrastructure Funds
for dredging and construction of transient boat
docks in the Ice Harbor and construction of a
riverfront boat pier as part of the America's River
project, presented and read. Michalski moved
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 430-01
RESOLUTION AUTHORIZING A GRANT
APPLICATION TO THE IOWA DEPARTMENT
OF NATURAL RESOURCES FOR FEDERAL
BOATING INFRASTRUCTURE FUNDS FOR
THE AMERICA'S RIVER PROJECT
Whereas, the Iowa Department of Natural
Resources (IDNR) has Federal Boating
Infrastructure funds available to develop
transient boat docks for nontrailerable vessels;
and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
include goals for development of transient boat
docks; and
Whereas, the City of Dubuque has approved
the America's River project that includes the
development of transient boat docks in the Ice
Harbor and on the Mississippi River.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Assistant City Manager is
hereby authorized to submit an application for
Federal Boating Infrastructure funds to the IDNR
for development of transient boat docks in the
Ice Harbor and on the Mississippi River.
Section 2. That the City of Dubuque agrees to
maintain the transient boat docks used in
accordance with the Federal Boating
Infrastructure Grant Program.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
326 Regular Session, October 1, 2001
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Heritage Trail Extension - Grant Application:
City Manager recommending approval of a grant
application to the Iowa Department of
Transportation (IDOT) for Statewide
Transportation Enhancement Funds for the
extension of Heritage Trail from Heron Pond to
the Dubuque Jaycees Trail, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 431-01
RESOLUTION AUTHORIZING A GRANT
APPLICATION FOR IOWA DEPARTMENT OF
TRANSPORTATION STATEWIDE TRANS-
PORTATION ENHANCEMENT FUNDS FOR
THE HERITAGE TRAIL EXTENSION FROM
THE HERON POND WETLANDS NATURE
TRAIL TO THE DUBUQUE JAYCEES TRAIL
Whereas, the Iowa Department of
Transportation (IDOT) has Statewide
Transportation Enhancement Funds available to
develop recreational trails in cities; and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
include goals for development of bike/hike trails;
and
Whereas, the City of Dubuque has adopted
the Heritage Trail Master Plan that includes the
Heritage Trail Extension.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Planning Services
Manager is hereby authorized to sign and
submit this application for Statewide
Transportation Enhancement Funds to the IDOT
for the extension of Heritage Trail from the
Heron Pond Wetlands Nature Trail to the
Dubuque Jaycees Trail, on behalf of the City of
Dubuque.
Section 2. That the City of Dubuque agrees to
adequately maintain the trail for its intended use
and maintain the total trail used to justify the
project in public use for a minimum of 20 years
following project completion.
Section 3. That the City Manager is hereby
authorized to reallocate $100,000 from the FY02
Capital Improvement Program from the Highway
20 Landscaping project to serve as the local
match for this grant.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Riprow Valley Project - Federal Recreational
Trail Grant: City Manager recommending
approval of the submission of a grant application
to the Iowa Department of Transportation for
Federal Recreational Trail Funds for the
acquisition of land for a trailhead for the Heritage
Trail Extension in the Riprow Valley Recreation
Area, presented and read. Michalski moved that
the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 432-01
RESOLUTION AUTHORIZING A GRANT
APPLICATION TO THE IOWA DEPARTMENT
OF TRANSPORTATION FOR FEDERAL
RECREATIONAL TRAILS FUNDS FOR THE
RIPROW VALLEY TRAIL HEAD ACQUISITION
Whereas, the Iowa Department of
Transportation (IDOT) has Federal Recreational
Trails funds available to develop recreational
trails in cities; and
Whereas, the City of Dubuque has adopted a
Comprehensive Plan and a Riverfront Plan that
include goals for development of bike/hike trails;
and
Whereas, the City of Dubuque has adopted
the Heritage Trail Master Plan that includes the
Heritage Trail Extension to the Riprow Valley.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Planning Services
Manager is hereby authorized to sign and
submit this application for Federal Recreational
Trails funds to the IDOT for acquisition of
property for Riprow Valley Trail Head on behalf
of the City of Dubuque.
Section 2. That the City of Dubuque agrees to
adequately maintain the property for its intended
use and maintain the total trail used to justify the
project in public use for a minimum of 20 years
following project completion.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Phase I Highway 20 Landscaping Project -
Acceptance: City Manager recommending
acceptance of the Phase I Highway 20
Landscaping Project in the final contract amount
of $445,959.67, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 433-01
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the PHASE I,
HIGHWAY 20 LANDSCAPING PROJECT has
Regular Session, October 1, 2001 327
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,
that the recommendation of the City Manager be
approved and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 434-01
FINAL ESTIMATE
WHEREAS, the contract for the PHASE I,
HIGHWAY 20 LANDSCAPING 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 $445,959.67, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Dubuque Industrial Center West Landscaping
Project - Acceptance: City Manager recom-
mending acceptance of the Dubuque Industrial
Center West Landscaping Project in the final
contract amount of $105,605, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 435-01
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
LANDSCAPING OF THE DUBUQUE
INDUSTRIAL CENTER WEST 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,
that the recommendation of the City Manager be
approved and that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of his contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 436-01
FINAL ESTIMATE
WHEREAS, the contract for the
LANDSCAPING OF THE DUBUQUE
INDUSTRIAL CENTER WEST 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 $105,605.00, and the
said amount shall be paid from the General
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Sale of Land Along Rhomberg Avenue: City
Manager recommending approval of the
proposal to sell City-owned property in the 2700
block of Rhomberg Avenue to the adjoining
property owners, presented and read. Michalski
moved that the communication be received and
filed and recommendation approved. Seconded
by Nicholson. Motion carried 7-0.
Depot Restoration Project: City Manager
recommending that the City support the
Dubuque County Historical Society's grant
application to the State Historical Society of
Iowa for the depot restoration project, presented
and read. Michalski moved that the
communication be received and filed and
recommendation approved. Seconded by
Nicholson. Motion carried 7-0.
Human Rights Commission -Application for
HUD Contract Funds: City Manager
recommending approval of the Human Rights
Commission application to the U.S. Department
328 Regular Session, October 1, 2001
of Housing and Urban Development (HUD) for
contract funds for various proposed projects,
presented and read. Michalski moved that the
communication be received and filed and
recommendation approved. Seconded by
Nicholson. Motion carried 7-0.
United Rentals Site - Restrictive Covenant:
Corporation Counsel recommending execution
of a Declaration of Restrictive Covenants on
behalf of the City for the United Rentals property
located at 301 Iowa Street, presented and read.
Michalski moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson. Motion
carried 7-0.
Manson Road Bridge Reconstruction Project:
Corporation Counsel recommending that the
City issue a check to the Dubuque County
Sheriff in the amount of $4,650 to complete the
acquisition of property for the Manson Road
Bridge Reconstruction Project, presented and
read. Michalski moved that the communication
be received and filed and recommendation
approved. Seconded by Nicholson. Motion
carried 7-0.
Supplement No. 51 to the Code of Ordinances:
City Manager recommending adoption of
Supplement No. 51 to the City of Dubuque Code
of Ordinances, presented and read. Michalski
moved that the communication be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 437-01
ADOPTING SUPPLEMENT NO. 51 TO THE
CODE OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA
Whereas, under date of July 17, 1989, the City
Council,, pursuant to Ordinance No. 34-89,
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 of
Ordinances; and
Whereas, Section 380.8 of the Code of
Ordinances provides that supplements by
resolution, become part of the Code of
Ordinances.
NOW THEREFORE BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 51 of the
Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinances through Ordinance
No. 42-01 enacted through June 18, 2001 and
prepared by the Sterling Codifiers, Inc, Coeur D
Alene, ID hereto filed in the Office of the City
Clerk of the City of Dubuque, Iowa be and is
hereby adopted and becomes part of the Code
of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
State Historical Society of Iowa:
Communication from the State Historical Society
of Iowa advising that the City has received a
Certified Local Government (CLG) grant in the
amount of $10,000 to fund the City's Design
Review Training Program, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
Grand Opera House Accessible Restroom
Project: City Manager recommending
authorization of the publication of combined
notice of no significant impact on the
environment and notice of intent to request
release of funds for the Grand Opera House
Accessible Restroom project, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 438-01
A RESOLUTION AUTHORIZING PUBLICA-
TION OF A COMBINED NOTICE OF FINDING
OF NO SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR THE
GRAND OPERA HOUSE ACCESSIBLE
RESTROOM PROJECT
Whereas, the City of Dubuque entered into a
Grant Agreement for the Fiscal Year
commencing July 1, 2001, with the U.S.
Department of Housing and Urban
Development, providing for financial assistance
to the City under Title I of the Housing and
Community Development Act of 1974, as
amended; and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
environmental review has been processed for
the Grand Opera House Accessible Restroom
project; and
Whereas, based on said environmental review,
the Department of Housing and Community
Development has determined that said project
will have no significant impact on the
environment; and
Whereas, a combined notice of "Finding of No
Significant Impact on the Environment" and of
Regular Session, October 1, 2001 329
"Intent to Request Release of Funds" for said
project will be sent by regular mail to various
federal, state and local public agencies; to the
appropriate Regional Office of the
Environmental Protection Agency, to the HUD
Area Office and to the local news media,
individuals and groups known to be interested
and believed to be appropriate to receive such a
notice; and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a combined
Notice of Finding of No Significant Impact on the
Environment and Notice of Intent to Request
Release of Funds for the Grand Opera House
Accessible Restroom project and to make the
Environmental Review Record for said project
available for public inspection and comment until
5:00 p.m. on October 19, 2001. Such notice
shall be in the form of Exhibit "A" attached
hereto and made a part hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
the Office of the City Clerk and the Housing and
Community Development office where said
record may be examined and copied by any
interested party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development fifteen (15) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to
environmental review, decision making and
action.
Section 6. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 1st day of
October 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Physical Infrastructure Assistance Program:
City Manager recommending execution of a
Physical Infrastructure Assistance Program
(PIAP) loan agreement to support the City's
Kerper Boulevard Industrial Park Project,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 439-01
A RESOLUTION AUTHORIZING THE
EXECUTION OF A PHYSICAL INFRA-
STRUCTURE ASSISTANCE PROGRAM
(PIAP) LOAN AGREEMENT FOR ONE
MILLION ONE HUNDRED EIGHTY-FOUR
THOUSAND DOLLARS ($1,184,000) WITH
THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT.
Whereas, the Physical Infrastructure
Assistance Program (PIAP) program has been
created by the Iowa Department of Economic
Development to assist in the economic
development efforts of local jurisdictions; and
Whereas, on April 22, 1998, the City of
Dubuque, Iowa was awarded a one million one
hundred eighty-four thousand dollar
($1,184,000) forgivable loan from the PIAP
program by the Iowa Department of Economic
Development; and
Whereas, the City of Dubuque, Iowa desires to
assist Eagle Window & Door Company in its
efforts to expand its operations in Dubuque and
create new, permanent employment
opportunities for local citizens; and
Whereas, a PIAP Loan Agreement, hereto
attached and by this reference made a part
hereof, is to be executed between the Iowa
Department of Economic Development and the
City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor be and he is hereby
authorized and directed to endorse, on behalf of
the City Council of the City of Dubuque, Iowa,
the attached PIAP Loan Agreement.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
FTA Recognition: City Manager advising that
Transit Manager Mark Munson and Keyline staff
330 Regular Session, October 1, 2001
received a Certificate of Appreciation from the
Region VII Federal Transit Administration in
recognition for innovative approaches to
addressing public transportation services in
Dubuque and East Dubuque, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
Liquor License Transfer: Transfer of The
Busted Lift liquor license to Louis Murphy Park
for a special event on October 13, 2001,
presented and read. Michalski moved that the
communication be received and filed and
request approved. Seconded by Nicholson.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 440-01
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 "B" BEER PERMIT
J & P. O'Hara, Inc Happy Joes Ice
Cream/Pizza+(Sunday Sale) 855 Century Dr
CLASS "C" BEER PERMIT
RKM, LLC Ron's Discount Smokes &
Beverage+(Sunday Sale) 1701 JFK Rd.
Eagle Food Centers, Inc. Eagle Food Center
#018+(Sunday Sale) 300 S Locust St
Eagle Food Centers, Inc. Eagle Food Center
#130+(Sunday Sale) 1800 Elm St
Eagle Food Centers, Inc. Eagle Food Center
#320+(Sunday Sale) 2050 JFK Rd.
Passed, approved and adopted this 1st day
October, 2001
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 441-01
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" BEER/LIQUOR LICENSE
IBRICO, Inc Fat Tuesday+
(Sunday Sale) 1121 University Ave
Curtis Gerhard Knickers Saloon
(1 Day Outdoor Sale) 2186 Central Ave
CLASS "B" WINE
TFM Co. Oky Doky # 2
51 W. 32nd St
Eagle Food Centers, Inc. Eagle Food Center
#018 300 S Locust St
Eagle Food Centers, Inc Eagle Food Center
#130 1800 Elm St
Eagle Food Centers, Inc. Eagle Food Center
#320 2050 JFK Rd
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards /
Commissions:
Environmental Stewardship Advisory
Commission (Two 3-year terms to expire
10/1/04). Applicants: Michael J. Buelow, John
S. Bennett, John Nemmers. No one spoke.
Mechanical Code Board (Five Vacancies):
Applicant: Todd Geisler (Pipefitter). No one
spoke.
Plumbing Board (Two Vacancies): Applicant:
Dan Harris (At-Large). Mr. Harris spoke
requesting consideration for appointment.
After discussion about the possibility of non-
residents being considered for appointment to
City Boards and Commissions, Michalski moved
that the City Manager and staff look into the
requirements for appointments to technical
advisory boards. Seconded by Nicholson.
Motion carried 7-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to speak. Seconded by
Cline. Carried by the following vote: Yeas--Buol,
Duggan, Cline, Markham, Michalski, Nicholson,
Robbins. Nays--None.
Due to possible conflict of interest, Mayor
Duggan turned control of the meeting to Mayor
Pro-Tem Robbins.
Regular Session, October 1, 2001 331
Plastic Center, Inc. - Conceptual Development
Plan: Proof of publication on notice of hearing
and Zoning Advisory Commission reaffirming
their approval of a rezoning request from Plastic
Center, Inc., to rezone property located at the
southeast corner of the Northwest Arterial and
Asbury Road from AG Agricultural District to
PUD Planned Unit Development with a PC
Planned Commercial, PO Planned Office and
PR Planned Residential designation, presented
and read.
Correspondence from the Fischer Companies
regarding the rezoning request for property
located at the southeast corner of the Northwest
Arterial and Asbury Road, presented and read.
Attorney Brian Kane, 2100 Asbury Rd., for The
Plastic Center and Fischer Co., spoke and
requested that action on this matter be tabled
until November 19, 2001.
An ORDINANCE Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at the southeast
corner of Highway 32 (Northwest Arterial) and
Asbury Road from AG Agricultural District to
PUD Planned Unit Development District with PC
Planned Commercial District, PO Planned Office
and PR Planned Residential District
Designations, and adopting a Conceptual
Development Plan, with conditions, for Plastic
Center, Inc., presented and read. Markham
moved to receive and file and 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. No vote
taken on this motion. Nicholson then moved to
receive and file the proof and correspondence
and to table the Public Hearing for continuance
to the Council Meeting of 11/19/01. Seconded
by Cline. Motion carried 6-0.
Mayor Duggan returned and took control of the
meeting.
1133 White Street - Sale of Real Property:
Proof of publication on notice of public hearing
and City Manager recommending the sale of
City-owned property at 1133 White Street to
Jack and Stephen Stackis for the amount of
$5,165, presented and read. Markham moved
that the proof and communication be received
and filed. Seconded by Buol. Motion carried 7-0.
Steve Stackis, of Sprucewood Dr., spoke in
support of the proposed sale.
RESOLUTION NO. 442-01
RESOLUTION APPROVING THE DISPOSAL
OF CITY-OWNED PROPERTY, SPECIFI-
CALLY, SOUTH ONE-HALF (Sl/2) OF THE
MIDDLE ONE-FIFTH (Ml/5) OF OUT LOT 479
IN THE CITY OF DUBUQUE, COUNTY OF
DUBUQUE, IOWA, ACCORDING TO THE
UNITED STATES COMMISSIONERS MAP;
OTHERWISE KNOWN AS 1133 WHITE
STREET.
WHEREAS, pursuant to a notice duly
published in the Telegraph Herald Newspaper,
the City Council of Dubuque, Iowa met on the 1st
day of October 2001 at 6:30 pm in the Carnegie
Stout Public Library Auditorium, 11th and Bluff
Streets, Dubuque, Iowa to consider the proposal
to dispose the City-owned real estate located at
1133 White Street, which property is legally
described as follows:
South One-Half (S1/2) of the Middle One-Fifth
(M1/5) of Out Lot 479 in the City of Dubuque,
County of Dubuque, Iowa according to the
recorded plat thereof
WHEREAS, such property is proposed to be
sold to Jack Stackis and Stephen
Stackis in consideration of Five Thousand, One
Hundred, Sixty-Five ($5,165) Dollars; and
WHEREAS, the City Council of the City of
Dubuque, Iowa, has overruled any
and all objections, oral and written, to the
proposal to dispose of the interest of the City of
Dubuque, Iowa, in the herein and above-named
real estate to the above-named grantees.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the disposal of the interest of
the City of Dubuque in the above legally
described property to Jack Stackis and Stephen
Stackis is hereby approved.
Section 2. That the Mayor be and he is hereby
authorized and directed to execute a Quit Claim
Deed, and that the City Clerk be and she is
hereby directed and authorized to deliver such
Deed, conveying the above-described real
estate to the above-named grantees.
Passed, approved and adopted this 1st day of
October 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Buol. Motion carried 7-0.
Kebbie Drive - Request to Vacate: Proof of
publication on notice of public hearing and City
Manager recommending to dispose of City-
owned property to Roger Klauer and a
Resolution Disposing of City interest in Lot 4A of
Block 3 C.J. Bies Subdivision and Lot 5A of
Block 3 C.J. Bies Subdivision, Dubuque, Iowa,
presented and read.
Markham moved to consider Action Item # 2
(Roger F. Klauer - Request for Clarification) at
this same time. Seconded by Buol. Motion
carried 7-0.
Roger F. Klauer - Request for Clarification:
Communication of Roger F. Klauer requesting
332 Regular Session, October 1, 2001
clarification of the Memorandum of Agreement
of C-3 zoned property in C.J. Bies Subdivision,
and communication from the Zoning Advisory
Commission regarding the condition of limited
access to Century Drive from the commercial
property and offering to review the issue at their
next meeting, presented and read. Markham
moved to table the public hearing and refer
these matters to the Engineering Division for
review. Seconded by Buol. Motion carried 7-0.
Bergfeld Recreation Area Jetty and Access
Trail Project: Proof of publication on notice of
public hearing and receipt of bids and City
Manager recommending award of the contract
for the Bergfeld Recreation Area Jetty and
Access Trail Project to Portzen Construction,
Inc., in the amount of $62,304.56, presented and
read. Robbins moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 443-01
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 4th day of September,
2001, plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the BERGFELD
RECREATION AREA JETTY AND ACCESS
TRAIL 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 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 444-01
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the BERGFELD
RECREATION AREA JETTY AND ACCESS
TRAIL PROJECT pursuant to Resolution No.
397-01, and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa, on the 8th day of September, 2001.
WHEREAS, said sealed proposals were
opened and read on the 20th day of September,
2001, and it has been determined that the bid of
PORTZEN CONSTRUCTION, INC., in the
amount of $62,304.56 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to PORTZEN CONSTRUCTION
INC., and the Manager be and is hereby
directed to execute a contract on behalf of the
City of Dubuque for the complete performance
of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Markham moved to reinstate the rule limiting
discussion to Council. Seconded by Cline.
Motion carried 7-0.
ACTION ITEMS
Penalties for Tobacco Permit Holders:
Consideration of assessing civil penalties to five
businesses for underage tobacco sales,
presented and read. Michalski moved that the
communication be received and filed and
approved penalty assessments. Seconded by
Nicholson. Motion carried 7-0.
Animal Control Ordinance: City Manager
recommending approval of changes to the
Animal Control Ordinance relative to vicious
dogs and other minor updates to the Ordinance,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
An Ordinance Amending Chapter 7 Animals
and Fowl, Article II, Dogs and Cats, by
amending Sec. 7-16 Definitions, Sec. 7-18
Nuisance, Sec. 7-19 Female Dogs in Season,
Sec. 7-23 Redemption, Sec. 7-24 Disposition of
Unredeemed Dogs or Cats, Sec. 7-25 Running
at Large; by adopting a new Sec. 7-26 Directing
Dog With Malicious Intent; by adopting a new
Se. 7-27 Use of Dog in Illegal Activity; by
adopting a new Sec. 7-28.10 Keeping
Unlicensed Dog or Cat Prohibited; by amending
Sec. 7-32 Application for License, Sec. 7-33
Dogs-License Fee, 7-35 Cats-License Fee; and
by adopting a new article IV Potentially Vicious
Dogs, Defining Potentially Vicious Dog,
Regular Session, October 1, 2001 333
Providing a Procedure for Declaration of
Potentially Vicious Dog and the Disposition of
Potentially Vicious Dog, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 60-01
AN ORDINANCE AMENDING CHAPTER 7
ANIMALS AND FOWL, ARTICLE II, DOGS
AND CATS, BY AMENDING SEC. 7-16
DEFINITIONS, SEC. 7-18 NUISANCE, SEC. 7-
19 FEMALE DOGS IN SEASON, SEC. 7-23
REDEMPTION, SEC. 7-24 DISPOSITION OF
UNREDEEMED DOGS OR CATS, SEC. 7-25
RUNNING AT LARGE; BY ADOPTING A NEW
SEC. 7-26 DIRECTING DOG WITH
MALICIOUS INTENT; BY ADOPTING A NEW
SE. 7-27 USE OF DOG IN ILLEGAL ACTIVITY;
BY ADOPTING A NEW SEC. 7-28.10
KEEPING UNLICENSED DOG OR CAT
PROHIBITED; BY AMENDING SEC. 7-32
APPLICATION FOR LICENSE, SEC. 7-33
DOGS-LICENSE FEE, 7-35 CATS-LICENSE
FEE; AND BY ADOPTING A NEW ARTICLE IV
POTENTIALLY VICIOUS DOGS, DEFINING
POTENTIALLY VICIOUS DOG, PROVIDING A
PROCEDURE FOR DECLARATION OF
POTENTIALLY VICIOUS DOG AND THE
DISPOSITION OF POTENTIALLY VICIOUS
DOG.
Section. 1. Chapter 7 of the City of Dubuque
Code of Ordinances is hereby amended as
follows:
(a) Sec. 7-16 is amended to read as follows:
Sec. 7-16 Definitions:
The following definitions shall apply in the
interpretation of this Article:
(1) Dog: Both male and female animals of the
canine species whether neutered or not, but not
including a law enforcement dog.
(2) Cat: Both male and female animals in the
family Felis catus whether neutered or not.
(3) Owner: Any person owning a cat or dog.
(4) Keeper: Any person other than the owner
keeping, sheltering, having control or custody of
or harboring a cat or dog.
(5) Neutered: Shall refer to a surgical
procedure that has been performed on a dog or
a cat that renders it incapable of siring or
bearing offspring.
(6) At large: Includes any dog, cat or livestock,
fowl or ferret found off the premises of the
owner. A dog or cat shall not be deemed at large
if the dog or cat is:
a. Attached to a leash of sufficient strength
and appropriate length to control the animal
where such leash is held by its owner or keeper;
or
b. Restrained within an enclosed motor vehicle
or by a crate or leash of sufficient strength and
appropriate length to keep the dog or cat within
the motor vehicle; or
c. Housed in a licensed veterinarian's animal
hospital; or
d. Accompanied by the owner or keeper on the
premises of another with such person's consent
and restrained by an adequate protective fence
or by leash, cord, chain or other similar restraint
that does not allow the dog or cat to go beyond
such person's property line or to come into
contact with anyone outside such person's
property line.
(7) Kennel: Shall refer to a place or
establishment where dogs or cats are kept or
raised for the purpose of breeding, boarding,
racing at a licensed pari-mutuel track,
exchanged or offered for sale to the general
public and which are kept under constant
restraint.
(8) Nuisance: A dog or cat shall be considered
a nuisance if it:
a. Damages, soils, defiles or defecates on
private property other than the owner's or on
public walks and recreation areas unless such
waste is immediately removed and properly
disposed of by the owner.
b. Causes unsanitary, dangerous or offensive
conditions.
c. Causes a disturbance by excessive barking
or other noise-making or chases vehicles, or
molests, attacks or interferes with persons or
other domestic animals on public property.
(9) Vicious animal: A vicious cat or dog is
deemed so when it shall have attacked or bitten
any person on more than one occasion without
provocation or when an attack or bite results in
serious bodily injury.
(c) Sec. 7-18 is amended to read as follows:
Sec. 7-18. Nuisance:
It shall be unlawful for any owner or keeper to
permit a dog or cat to commit a nuisance.
(d) Sec. 7-19 is amended to read as follows:
Sec. 7-19. Female Dogs In Season:
It shall be unlawful for any owner or keeper to
allow a female dog in season to run at large or
to so confine such dog as to attract male dogs to
the area and by their presence cause a
nuisance.
(e) Sec. 7-23 is amended to read as follows:
Sec. 7-23. Redemption:
(a) Except as otherwise provided, the owner
may redeem a licensed dog or cat seized or
impounded pursuant to this Article by paying the
sum of twenty-five dollars ($25.00) plus the
separate daily fee for keeping such dog or cat
each day or fraction thereof during the time that
such dog or cat is impounded. Upon the second
subsequent impoundment of the same animal
within three hundred sixty five (365) days, an
impoundment charge of thirty-five dollars
($35.00) shall be assessed, plus the separate
daily fee for keeping such dog or cat each day or
fraction thereof during the time which said dog
or cat is impounded.
334 Regular Session, October 1, 2001
(b) Upon proper identification the owner may
redeem an unlicensed dog or cat seized or
impounded pursuant to this Article only after
paying the license fee in addition to the charges
required by paragraph (a).
(f) Sec. 7-24 is amended to read as follows:
Sec. 7-24. Disposition Of Unredeemed Dogs
Or Cats:
(a) If the owner of a licensed dog or cat
impounded pursuant to this Article does not
redeem such animal within five (5) days after the
mailing of the notice provided for in this Article,
the license shall automatically be revoked and
the animal disposed of as directed by the Health
Officer.
(b) Any unlicensed dog or cat not redeemed by
the owner within three (3) days after it has been
seized or impounded shall be disposed of as
directed by the Health Officer.
(g) Sec. 7-25 is amended to read as follows:
Sec. 7-25. Running At Large:
It shall be unlawful for any owner or keeper to
permit or allow a dog, cat, ferret, livestock or
fowl to run at large.
(h) The following new section is hereby
adopted:
Sec. 7-26. Directing Dog With Malicious Intent:
No person shall direct, encourage, cause, allow
or otherwise aid or assist any dog to threaten,
charge at, intimidate, bite, harass, menace or
attack any person.
(i) The following new section is hereby
adopted:
Sec. 7-27. Use of Dog in Illegal Activity
Prohibited:
No person shall keep, maintain, control or
retain custody of any dog in conjunction with, or
for the purpose, whether in whole or in part, of
aiding, abetting or conducting illegal activity or
committing any crime.
(j) The following new section is hereby
adopted:
Sec. 7-28.10.
No person shall keep a dog or cat in the city of
Dubuque unless such dog or cat is licensed by
the City as provided in this Article. This section
shall not apply to veterinary clinics and boarding
facilities.
(k) Sec. 7-32 is amended to read as follows:
Sec. 7-32. Application:
The owner shall make application for a license
at the office of the City Clerk. The forms shall
give the name, address, and social security
number of the owner, the sex and description of
the dog or cat, and if known, its breed and age.
In the event of a change of ownership, the
license holder shall notify the City Clerk of such
change. All dogs and cats must be licensed at
three (3) months of age.
(I) Sec. 7-33 is amended to read as follows:
Sec. 7-33. Dogs-License Fee:
(a) The license fee per calendar year, or
fraction thereof, for a dog license shall be eight
dollars ($8.00) for each neutered dog and
eighteen dollars ($18.00) for each dog not
neutered.
(b) The applicant or licensee shall furnish
written proof from a licensed veterinarian that
surgical procedures have been performed that
render either male or female dogs incapable of
reproduction.
(m) Sec. 7-35 is amended to read as follows:
Sec. 7-35. Cats-License Fee:
(a) The license fee per calendar year, or
fraction thereof, shall be eight dollars ($8.00) for
each neutered cat, either male or female, and
eighteen dollars ($18.00) for each male or
female cat not neutered.
(b) The applicant or licensee shall furnish
written proof from a licensed veterinarian that
surgical procedures have been performed that
render either male or female cats incapable of
reproduction.
(n) The following new article is hereby
adopted:
ARTICLE IV. POTENTIALLY VICIOUS DOGS.
Sec. 7-82. Potentially Vicious Dog.
A potentially vicious dog is a dog that:
(1) When unprovoked, on two separate
occasions, has engaged in any behavior that
has required a defensive action by any person to
prevent bodily injury when the person and dog
were off of the property of the owner or keeper
of the dog;
(2) When unprovoked, has attacked or bitten a
person;
(3) When unprovoked, has inflicted a serious
injury or caused the death of a domestic animal,
either on public or private property other than
the property of the owner or keeper; or
(4) When unprovoked, chases or approaches
a person or domestic animal upon the streets,
sidewalks, or any public or private property other
than the property of the owner or keeper, in a
menacing fashion or apparent attitude of attack.
Sec. 7-83. Procedure For Declaration Of
Potentially Vicious Dog.
(a) The Health Services Officer may find and
declare an animal potentially vicious based upon
the following:
(1) The written complaint of a citizen that the
animal has acted in a manner set forth in Sec. 7-
82;
(2) Dog bite reports filed with the Health
Services Department;
(3) Actions of the dog witnessed by any animal
control officer or law enforcement officer; or (4) Other substantial evidence.
(b) The declaration of a potentially vicious dog
shall be in writing and shall be served on the
owner in one of the following methods:
personally, by certified mail to the owner at the
owner's last known address, or if the owner
Regular Session, October 1, 2001 335
cannot be served personally or by mail, by
publication in a newspaper of general circulation
in the county.
(c) The declaration shall state:
(1) The description of the animal;
(2) The name and address of the owner of the
animal, if known;
(3) The whereabouts of the animal, if not in the
custody of the owner;
(4) The facts upon which the declaration of
potentially vicious dog is based;
(5) The owner's right to a hearing if the person
objects to the declaration;
(6) The restrictions placed upon the animal as
a result of the declaration of potentially vicious
dog; and
(7) The penalties for a violation of such
restrictions.
(d) The owner may object to the declaration of
potentially vicious dog by requesting a hearing
before the Health Services Officer by submitting
a written request to the Health Services Officer
within ten (10) days of the date of mailing of the
declaration, or within ten (10) days of the
publication of the declaration.
(1) If the Health Services Officer finds that
there is insufficient evidence to support the
declaration, it shall be rescinded, and the
restrictions imposed thereby annulled.
(2) If the Health Services Officer finds
sufficient evidence to support the declaration,
the Health Services Officer shall provide the
owner with written notice of such determination
within five (5) working days after the hearing.
(3) Prior to the hearing, the owner shall confine
the dog in a fenced enclosure on the owner's
premises. It shall be unlawful for the owner of
the potentially vicious dog to allow or permit
such dog to go beyond the premises of the
owner unless such dog is securely leashed and
humanely muzzled or otherwise securely
restrained.
(4) If it is determined by the animal control
officer or law enforcement officer that probably
cause exists to believe the dog in question
poses an immediate threat to public safety, then
the animal control officer or law enforcement
officer may seize and impound the dog pending
the hearing to be held pursuant to this article.
The owner or keeper of the dog shall be liable to
the city or county where the dog is impounded
for the costs and expenses of keeping the dog if
the dog is later determined to be potentially
vicious. When a dog has been impounded and it
is not contrary to public safety, the animal
control officer shall permit the animal to be
confined at the owner's expense in a Health
Services Department approved kennel or
veterinary facility.
Sec. 7-84. Notification Of Status Of Potentially
Vicious Dog.
The owner shall immediately notify the Health
Services Department when a dog which has
been classified as potentially vicious: (1) Is loose or unconfined;
(2) Has bitten a human being or attacked
another animal;
(3) Is sold or given away, or dies; or
(4) Is moved to another address.
Prior to a potentially vicious dog being sold or
given away, the owner shall provide the name,
address and telephone number of the new
owner to the Health Services Department. The
new owner shall comply with all the
requirements of this Chapter.
Sec. 7-85. Exceptions To Classification.
(a) No dog may be declared potentially vicious
if:
(1) Any injury or damage was sustained by a
person who, at the time of the injury or damage
was sustained, was committing a willful trespass
or other tort upon, premises occupied by the
owner or keeper of the dog, or was teasing,
tormenting, abusing, or assaulting the dog, or
was committing or attempting to commit a crime;
(2) The dog was protecting or defending a
person within the immediate vicinity of the dog
from an unjustified attack or assault; or
(3) The injury or damage was sustained by a
person or a domestic animal, which at the time
of the injury or damage was sustained, was
teasing, tormenting, abusing or assaulting the
dog.
(b) No dog may be declared potentially vicious
if the injury or damage to a domestic animal was
sustained while the dog was working as a
hunting dog, herding dog or predator control dog
on the property of, or under the control of, its
owner or keeper, and the damage or injury was
to a species or type of domestic animal
appropriate to the work of the dog.
Sec. 7-86. Disposition Of Potentially Vicious
Dog.
(a) A potentially vicious dog shall be properly
licensed and vaccinated. The potentially vicious
designation shall be included in the registration
records of the dog. The City may charge a
potentially vicious dog fee in addition to the
regular licensing fee to provide for the increased
costs of maintaining the records of the dog.
(b) A potentially vicious dog, while on the
owner's property, shall at all times be kept
indoors or in a securely fenced yard from which
the dog cannot escape and into which children
cannot trespass. A potentially vicious animal
may be off the owner's premises only if
restrained by a substantial leash, of appropriate
length, and if the dog is under the control of a
responsible adult and is humanely muzzled.
(c) If a potentially vicious dog dies, or is sold,
transferred or permanently removed from the
city, the owner of dog shall notify the Health
Services Department of the changed condition
336 Regular Session, October 1, 2001
and new location of the dog in writing within two
(2) working days.
Section 2, This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
October 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/6
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 Nicholson. Motion carried 7-0.
Special Events Project - Ordinance Changes:
City Manager recommending approval of a
Special Events Project format and several
related changes to the Code of Ordinances,
presented and read. Markham moved that the
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
An Ordinance Repealing City of Dubuque
Code of Ordinances Section 6-96, Police
Officers Employed at Dance Halls; repealing
Section 6-98 relating to Police Supervision at
Public Dances; and amending Section 6-99
relating to Conditions at Dance Halls, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 61-01
AN ORDINANCE REPEALING CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 6-96, POLICE OFFICERS
EMPLOYED AT DANCE HALLS; REPEALING
SECTION 6-98 RELATING TO POLICE
SUPERVISION AT PUBLIC DANCES; AND
AMENDING SECTION 6-99 RELATING TO
CONDITIONS AT DANCE HALLS.
NOW, THEREFORE, BE IT ENACTED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. City of Dubuque Code of
Ordinances is hereby amended by repealing
Section 6-96 and Section 6-98.
Section 2. City of Dubuque Code of
Ordinances Section 6-99 is hereby amended to
read as follows:
Sec. 6-99. Cleanliness of premises; passage-
ways to be unobstructed; vacation of premises;
grounds; conduct of patrons.
(a) All public dance halls shall be kept at all
times in a clean and sanitary condition, and all
stairways and other passages and all rooms
connected with a dance hall shall be kept open
and well-lighted.
(b) The Chief of Police and all other police
officers of the City shall have the power to cause
the place, hall or room where any dance or ball
is held or given to be vacated whenever any
disorder, which constitutes an imminent threat to
the public safety, shall take place therein.
(c) Disorderly or intoxicated persons shall not
be permitted to attend a public dance or remain
in or about a public dance hall.
Section 3. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
October, 2001.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/6
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 Buol. Motion carried 7-0.
An Ordinance Requiring a Permit for Certain
Events on Private Property and Providing for the
Application and Standards for the Issuance of
Such a Permit, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-01
AN ORDINANCE REQUIRING A PERMIT FOR
CERTAIN EVENTS ON PRIVATE PROPERTY
AND PROVIDING FOR THE APPLICATION
AND STANDARDS FOR THE ISSUANCE OF
SUCH A PERMIT.
NOW, THEREFORE, BE IT ENACTED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. City of Dubuque Code of
Ordinances is hereby amended by adopting the
following new Sections:
Sec. 33-23. Permit Required for Events on
Private Property.
No person shall hold an event on private
property when the person knows or reasonably
should know that the event will substantially
affect public health or safety or the peace and
quiet of a neighborhood by reason of the
number of persons attending such event, the
use of outdoor music or amplified noise, and the
likely effect on traffic and parking, without first
obtaining a permit from the City Manager, which
permit, when issued, shall be without charge,
and shall state the time, manner and conditions
of such event. This Section shall not apply to an
event held by a church or educational institution.
Regular Session, October 1, 2001 337
Sec. 33-24. Permit Application.
(a) An application for a permit containing the
information required herein shall be filed with the
City Manager by a person holding such an
event. Applications shall be made on forms
prepared by the City Manager, and shall contain
the information required herein. The City
Manager shall have a reasonable time to grant
or deny the permit. The length of time that is
reasonable shall be determined by the type of
use requested; the information supplied; the
time of filing of the application; and the extent of
advance preparation or planning demonstrated
and reasonably required.
(b) The City Manager shall grant or deny the
permit, in writing, according to the standards set
forth in Section 33-25 of this Chapter and shall
provide the written decision to the applicant by
regular mail or personal delivery.
Sec. 33-25. Application Form.
The application form for the event shall contain
the following information:
(1) Name and address of the applicant and the
sponsoring organization, if any.
(2) The type of event that is planned.
(3) Proposed location or locations.
(4) Expected size of group.
(5) Date, time and expected length of use.
(6) Names and addresses of the person or
persons to be in charge of the proposed use at
the specified location.
(7) Names and addresses of any persons to
be featured as entertainers or speakers.
(8) List of mechanical or electronic equipment
to be used.
(9) Number and type of any motor vehicles or
other forms of transportation to be used,
including bicycles.
(10) Number and type of any animals to be
used.
(11 ) A description of any sound amplification to
be used.
Sec. 33-26. Standards for Issuance.
The City Manager shall examine the
application and shall grant or deny said permit
based upon the following standards:
(1) In light of the date and time of said
proposed use, whether the use will
unreasonably interfere with the privacy, safety,
security, convenience and tranquility of the
residents or inhabitants of the area.
(2) Whether the proposed use or activity is
compatible with the normal activity of the
neighborhood at the requested time and date.
(3) Whether the application demonstrates the
applicant has the means, planning and
coordination to hold the proposed event,
considering the time of day, location, traffic
control, parking requirements and any
monitoring required to protect the public health
and safety.
(4) Whether the event will interfere with
another event for which a permit has already
been granted.
(5) Whether the proposed use would
substantially interrupt the flow of street and/or
pedestrian traffic.
(6) Whether the use would require the
excessive diversion of police from other duties
or substantially interfere with the City's
firefighting operations.
Sec. 33-27. Revocation.
After a permit is granted, in the event it is
determined that the applicant has misstated any
material fact in the application, or that there is a
substantial and material variance between the
information in the application and the actual
facts or those facts that appear reasonably to
have occurred, the City Manager may review
such application and revoke such permit if not in
compliance with this Article. Such permit may
also be revoked when it is determined by the
Chief of Police that by reason of disaster, public
calamity, riot or other emergency, the public
safety requires such revocation.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
October, 2001.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/6
Markham moved that the requirement that the
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.
An Ordinance Amending City of Dubuque
Code of Ordinances Section 33-46 Prohibited
Noises, by adding a new Paragraph 13,
Prohibiting Outdoor Music or Amplified Noise at
Certain Times, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 63-01
AN ORDINANCE AMENDING CITY OF
DUBUQUE CODE OF ORDINANCES
SECTION 33-46, PROHIBITED NOISES, BY
ADDING A NEW PARAGRAPH 13,
PROHIBITING OUTDOOR MUSIC OR
AMPLIFIED NOISE AT CERTAIN TIMES.
Section 1. City of Dubuque Code of
Ordinances Section 33-46 is hereby amended
by adding thereto the following new paragraph:
Sec. 33-46. Prohibited Noises,
Outdoor Music or Amplified Noise. The making
or continuing to make any outdoor music or
338 Regular Session, October 1, 2001
amplified noise between the hours of 10:00 p.m.
on Sunday and 9:00 a.m. on Monday, 10:00
p.m. on Monday and 9:00 a.m. on Tuesday,
10:00 p.m. on Tuesday and 9:00 a.m. on
Wednesday, 10:00 p.m. on Wednesday and
9:00 a.m. on Thursday, 10:00 p.m. on Thursday
and 9:00 a.m. on Friday, midnight on Friday and
9:00 a.m. on Saturday and midnight on Saturday
and 9:00 a.m. on Sunday, when the person
making or causing to make such music or noise
knows or reasonably should know the music or
noise would disturb the peace of a reasonable
person.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
October, 2001.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/6
Markham moved that the requirement that the
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Buol. Motion carried 7-0.
Highway 20 Moratorium Appeal Process: City
Manager recommending approval of an appeal
process for the issuance of building permits
within the Highway 20 Moratorium area,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Michalski. Motion carried 7-0.
An Ordinance Amending Section 11-58.1 of
the City of Dubuque Code of Ordinances
Establishing Highway 20 Corridor/Bridge Study
Moratorium by providing for an appeal to the
City Council, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 64-01
AN ORDINANCE AMENDING SECTION 11-
58.1 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES ESTABLISHING HIGHWAY 20
CORRIDOR/BRIDGE STUDY MORATORIUM
BY PROVIDING FOR AN APPEAL TO THE
CITY COUNCIL.
NOW, THEREFORE, BE IT ENACTED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Section 11-58.1 of the City of
Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 11-58.1. Moratorium - For Work in the
U.S. 20 Corridor:
The building official shall not issue any permit
for any new construction or substantial
enlargement, alteration, repair or remodeling of
any structure, building, or sign in the U.S. 20
corridor (Dodge Street), but not to include
demolition, from the eastern corporate limits of
the City of Dubuque westerly to the intersection
of U.S. 20 (Dodge Street) with Bluff Street, as
shown on the maps on file in the office of the
City Clerk, 50 West 13th Street, Dubuque, Iowa,
during the period of May 1, 2001, to May 1,
2002, except where a vested right to the
issuance of such permit accrued prior to May 1,
1999. Any person, firm or corporation aggrieved
or adversely affected by the building official's
refusal to issue a permit pursuant to this
moratorium shall appeal therefrom to the City
Council. The City Council may direct the building
official to issue a permit for any work that the
City Council finds would not negatively impact
the Highway 20 bridge study.
Section 2. This Ordinance shall take effect
upon publication.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/6
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.
Highway 20 Moratorium - MidAmerican
Energy Appeal: City Manager recommending
that the Building Services Manager be directed
to issue a building permit to MidAmerican
Energy to construct a temporary building along
Highway 20 for the purpose of remediating
underground contamination, presented and
read.
Bob Buschbom of MidAmerican Energy spoke
stating that the building would be up for about
five years.
Michalski moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson. Motion
carried 7-0.
Fiscal Year 2002 Annual Action Plan
Amendment: City Manager recommending
approval of an amended and restated Fiscal
Year 2002 Annual Action Plan for the
Community Development Block Grant (CDBG)
Program, presented and read. Robbins moved
Regular Session, October 1, 2001 339
that the communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 445-01
RESOLUTION APPROVING AN AMENDED
AND RESTATED FISCAL YEAR 2002
(PROGRAM YEAR 2001) ANNUAL ACTION
PLAN FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
Whereas, the City of Dubuque prepared and
filed Annual Action Plans for Fiscal Years 2001
and 2002; and
Whereas, the City of Dubuque now desires to
amend said Annual Plans by incorporating them
into one amended and restated plan as per the
attached Exhibit A; and
Whereas, said amendment is a substantial
amendment as provided in the City's Citizen
Participation Plan and must therefore be
approved by resolution of the City Council after
a public hearing by the Community Development
Advisory Commission; and
Whereas, the City advertised a public
comment period beginning August 17, 2001; and
Whereas, the Community Development Advisory
Commission reviewed the proposed amendment
at a public hearing on September 20, 2001, and
has voted to approve said amendment and to
recommend approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plans for
Fiscal Years 2001 and 2002 are hereby
rescinded and the balance of funds from these
plans is incorporated into an Amended and
Restated Fiscal Year 2002 (Program Year 2001)
Annual Action Plan - Amendment 1 is attached
hereto as Exhibit A.
Section 2. That said Amended and Restated
Fiscal Year 2002 (Program Year 2001) Annual
Action Plan - Amendment 1 attached hereto as
Exhibit A is hereby approved.
Section 3. That the City Manager is hereby
authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Design for Expansion of Law Enforcement
Center: Communication from the Historic
Preservation Commission regarding the design
for the expansion of the Law Enforcement
Center, presented and read. Cline moved that
the communication be received and filed and
that the letter from the Historic Preservation
Commission be forwarded to the Dubuque
County Board of Supervisors with the statement
that the City Council agrees with their concerns.
Seconded by Buol. Motion carried 7-0.
Louise Lane Bridge- Weight Limits: City
Manager recommending approval of weight limit
changes for the Louise Lane Bridge, presented
and read. Buol moved that the communication
be received and filed. Seconded by Michalski.
Motion carried 7-0.
An Ordinance Amending Section 32-185(a) of
the City of Dubuque Code of Ordinances
prohibiting heavy vehicles on certain bridges by
modifying the weight limit on Louise Lane,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 65-01
AN ORDINANCE AMENDING SECTION 32-
185(a) OF THE CITY OF DUBUQUE CODE OF
ORDINANCES PROHIBITING HEAVY
VEHICLES ON CERTAIN BRIDGES BY
MODIFYING THE WEIGHT LIMIT ON LOUISE
LAN E
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
from Subsection (a) of Section 32-185 as
follows:
(a) When signs are erected giving notice
thereof, no person shall operate a vehicle
exceeding the posted gross vehicle weight limits
on, or over the following bridges:
18 TONS
Louise Lane Bridge
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa, be amended by adding
to Subsection (a) of Section 32-185 as follows:
(a) When signs are erected giving notice
thereof, no person shall operate a vehicle
exceeding the posted gross vehicle weight limits
on, or over the following bridges:
10 TONS
Louise Lane Bridge
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/6
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.
340 Regular Session, October 1, 2001
COUNCIL MEMBER REPORTS
Michalski praised the Fire Dept. for their great
work at the recent fire on lower Main St. Duggan
shared the news from Governor Vilsack that the
National Guard will help with security at the
Dubuque Regional Airport. Markham stated that
they are reviewing applications for the position
of Airport Manager and hopefully will finalize the
process by the end of November.
ITEMS TO BE SET FOR PUBLIC HEARING
Fiscal Year 2002 Budget Amendment: City
Manager recommending that a public hearing be
set for October 15, 2001, to consider an
amendment to the Fiscal Year 2002 budget,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 446-01
RESOLUTION DIRECTING THE CITY CLERK
TO PUBLISH PROPOSED AMENDMENT TO
THE FISCAL YEAR 2002 BUDGET AND DATE
OF PUBLIC HEARING
Whereas, it is proposed that the City of
Dubuque amend its Fiscal Year 2002 budget;
and
Whereas, Section 384.16 of the Code of Iowa
stipulates that a public hearing must be held on
such a budget amendment.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk by and is hereby
authorized and directed to publish notice of
public hearing on an amendment to the adopted
budget for the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set the Public Hearing for 10/15/01 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 Nicholson.
Motion carried 7-0.
The Finley Hospital - Request to Vacate: City
Manager recommending that a public hearing be
set for October 15, 2001 to consider a request
from The Finley Hospital to vacate an alley west
of College Street and the southwest corner of
t~
West 5 Street and College Street, presented
and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 447-01
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED ALLEY WEST OF
COLLEGE STREET AND THE SOUTHWEST
CORNER OF WEST FIFTH STREET AND
COLLEGE STREET
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated September 11, 2001, prepared by IIVV
Engineers & Surveyors, PC describing the
proposed vacated alley west of College Street
and the southwest corner of West Fifth Street
and College Street; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated September 11,
2001, prepared by IIVV Engineers & Surveyors,
P.C., relative to the real estate hereinabove
described be and the same is hereby approved,
and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said
plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder, in and for Dubuque County, Iowa.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Vacating the alley west of
College Street and the southwest corner of West
Fifth Street and College Street, presented and
read.
OFFICIAL PUBLICATION
ORDINANCE NO. 66-01
ORDINANCE VACATING THE ALLEY WEST
OF COLLEGE STREET AND THE SOUTH-
WEST CORNER OF WEST FIFTH STREET
AND COLLEGE STREET
Whereas, The Finley Hospital has requested
the vacating of the alley west of College Street
and the southwest corner of West Fifth Street
and College Street; and
Whereas; IIVV Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated portion of an alley west
of College Street and the southwest corner of
West Fifth Street and College Street and
assigned lot numbers thereto, which hereinafter
shall be known and described as Lots 7A and
8A of Finley Home Addition in the City of
Dubuque, Dubuque County, Iowa;
Regular Session, October 1, 2001 341
Whereas, the City Council of the City of
Dubuque, Iowa has determined that the alley
west of College Street and the southwest corner
of West Fifth Street and College Street is no
longer required for public use, and vacating of
said alley known as Lots 7A and 8A of Finley
Home Addition in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as
Lots 7A and 8A of Finley Home Addition in the
City of Dubuque, Iowa, be and the same is
hereby vacated.
Passed, approved and adopted this 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 6th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/6
Michalski 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.
RESOLUTION NO. 448-01
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOTS 7A AND 8A OF
FINLEY HOME ADDITION IN THE CITY OF
DUBUQUE
Whereas, The Finley Hospital has requested
the vacating of an alley west of College Street
and the southwest corner of West Fifth Street
and College Street,
Whereas, IIVV Engineers & Surveyors, PC has
prepared and submitted to the City Council a
plat showing the vacated alley west of College
Street and the southwest corner of West Fifth
Street and College Street and assigned lot
numbers thereto, which hereinafter shall be
known and described as Lots 7A and 8A of
Finley Home Addition in the City of Dubuque,
Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that this alley
west of College Street and the southwest corner
of West Fifth Street and College Street is no
longer required for public use, except for utility
easements as noted, and vacating and sale of
said portions of alleys and streets known as Lots
7A and 8A of Finley Home Addition in the City of
Dubuque, Dubuque County, Iowa should be
approved,
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lots 7A and 8A of
Finley Home Addition in the City of Dubuque,
Iowa.
Section 2. That the conveyance of Lots 7A and
8A of Finley Home Addition in the City of
Dubuque, Iowa to The Finley Hospital be
contingent upon the payment of $8,305.00, plus
platting, publication and filing fees.
Section 3. 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 1st day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution
and set this for Public Hearing on 10/15/01 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 Nicholson.
Motion carried 7-0.
At 8:03 Buol moved to go into Closed Session
re: Property Acquisition and Pending Litigation
(Iowa Code Chapter 21.5(1)(j)(c). Seconded by
Nicholson. Motion carried 7-0.
At 8:31 Council reconvened regular session
stating that Staff had been given proper
direction.
There being no further business, Buol moved
to adjourn. Seconded by Nicholson. Motion
carried 7-0. The meeting adjourned at 8:32 P.M.
/s/Jeanne F. Schneider
City Clerk
It 10/10
342 Regular Session, October 1, 2001
Approved:
Adopted:
2001
2001
Mayor
Council Members
Attest:
City Clerk
Special Session, October 8, 2001 343
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, October 8, 2001
Council met in Special Session at 5:15 P.M. in
Conference Room "B" - City Hall
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
a special session of the City Council called for
the purpose of acting upon such business as
may properly come before the City Council.
City Manager recommending that a public
hearing be set for October 15, 2001 to consider
disposing of an interest in real property by sale
and option to purchase to Ruscilli Development
Co., Ltd. Markham moved that the
communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 449-01
RESOLUTION OF INTENT TO DISPOSE OF
AN INTEREST IN REAL PROPERTY BY SALE
AND OPTION TO PURCHASE TO RUSCILLI
DEVELOPMENT CO., LTD. PURSUANT TO
DEVELOPMENT AGREEMENT WITH
RUSCILLI DEVELOPMENT CO., LTD. AND
THE MCGRAW-HILL COMPANIES, INC.
Whereas, the City of Dubuque, Iowa (City) is
the owner of the following real property (the
Property), as shown on the Exhibit attached
hereto consisting of 23.3 acres, more or less;
and
Whereas, City, Ruscilli Development Co., LTD.
and The McGraw-Hill Companies, Inc. have
entered into a Development Agreement, subject
to the approval of the City Council, a copy of
which is on file at the Office of the City Clerk,
City Hall, 50 VV. 13th Street, Dubuque, Iowa
pursuant to which City will sell and grant an
option to purchase the Property to Ruscilli
Development Co., LTD.; and
Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the Development
Agreement, including conveyance of the
Property to Ruscilli Development Co., LTD.
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
Property to Ruscilli Development Co., LTD.
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 City's
intent to dispose of the foregoing-described
Property, to be held on the 15th day of October,
2001, at 6:30 p.m. at the Carnegie-Stout Public
Library Auditorium, 360 W. 11th Street,
Dubuque, Iowa.
Passed, approved and adopted this 8th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
and further set this matter for public hearing on
10/15/01 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
Nicholson. Motion carried 7-0.
There being no further business, Nicholson
moved to adjourn. Seconded by Robbins.
Motion carried 7-0. The meeting adjourned at
5:24 P.M.
It 10/17
/s/Jeanne F. Schneider
City Clerk
Approved: 2001
Adopted: 2001
Mayor
Council Members
Attest:
City Clerk
344 Regular Session, October 15, 2001
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, October 15,
2001
Council Met 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 Rev. Thomas
Hannan, Director of the Dubuque Community
Food Pantry.
Proclamations: White Cane Safety Day
(October 15, 2001) received by Shirley Conrad
and Robert Nesler; Radiologic Technology
Week (November 4 - 10, 2001) received by
Rosie Hansen; and Red Ribbon Week received
by Jesse Ernst of St. Patrick/St. Mary's School.
CONSENT ITEMS
Minutes Submitted: Airport Commission of
9~24; Civil Service Commission of 9~7; City
Council Proceedings of 10/1 and 10/8; Historic
Preservation Commission of 9/20; Housing
Code Appeals Board of 9/18; Human Rights
Commission of 9/10 and 9/17; Long Range
Planning Advisory Commission - Downtown
Planning Committee of 9/10; Zoning Board of
Adjustment of 9/27, presented and read. Buol
moved that the minutes be received and filed.
Seconded by Markham. Motion carried 7-0.
Proof of publication of City Council
Proceedings of 9/4 and 9/17; and List of Claims
and Summary of Revenues for month ending
August 31, 2001, presented and read. Buol
moved that the proofs be received and filed.
Seconded by Markham. Motion carried 7-0.
Substance Abuse Services Center Fiscal Year
First Quarter Report, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-0.
Notice of Claims/Suits: Matt Bay in estimated
amount of $100 for vehicle damage; David
Cavanaugh in estimated amount of $100 for
vehicle damage; Karen Buelow in estimated
amount of $3,000 for personal injury; Dan Loney
in estimated amount of $500 for property
damage; Karen Ludovissy in estimated amount
of $365.99 for vehicle damage; William Miller in
estimated amount of $600 for personal injury;
Vickie Mueller and Emily Mueller vs City of
Dubuque and Loras College; George L. Rieder
in estimated amount of $1,937.88 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
Markham. Motion carried 7-0.
Notice of Appeal from Notice of Appraisement
of Damages by Edward and Joan Tschiggfrie in
the matter of condemnation of rights in land by
the Iowa Department of Transportation,
presented and read. Buol moved that the notice
be referred to the Legal Staff for investigation
and report. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Karen
Buelow for personal injury; Dan Loney for
property damage; William Miller for personal
injury; George Rieder for vehicle damage,
presented and read. Buol moved that the
communications be received and filed and
concurred. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel recommending that the
claims of Elizabeth Heiberg for property damage
and Mark and Jamaica Heacock for property
damage be denied, presented and read. Buol
moved that the communications be received and
filed and concurred. Seconded by Markham.
Motion carried 7-0.
Civil Service Commission:
October 7, 2001
Honorable Mayor and Members of the City
Council
In accordance with Chapter 400 of the 2001
Code of Iowa, an examination for the position of
Park Ranger was given on August 8, 2001. We
hereby certify that the individuals listed below
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.
PARK RANGER
Ryan Chatfield
Daniel Henkels
Jeffrey Imbus
Thomas Meyers
Michael Mulligan
Rodney Ries
Michael Rohner
Clay Haan
Jason Hoerner
Kori Kaiser
Tony Miller
Robert Papenthien
Richard Rink
Chad Rowson
Regular Session, October 15, 2001 345
Donald Shellenberger Troy Steines
Clark Thelemann Melinda Walters
Kevin Weidemann Allen Witthoft
Mark Younie
Respectfully submitted,
/s/Loras Kluesner, Chairperson
/s/Merle Duehr
/s/Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Markham. Motion carried 7-0.
Design and Bid Preparation Services for
Riverwalk: City Manager recommending
approval of a contract with URS-BRW to
complete the design, pre-construction and
construction review services for the balance of
the riverwalk and amenities project, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Iowa Department of Natural Resources:
Communication from the Iowa Department of
Natural Resources submitting the Industrial
Pretreatment Compliance Inspection Report for
the City's Water Pollution Control Plant,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
Pinto Ridge - Final Plat: City Manager
recommending approval of the final plat of Pinto
Ridge Subdivision, presented and read. Buol
moved that the communication be received and
filed. Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 450-01
A RESOLUTION APPROVING THE FINAL
PLAT OF PINTO RIDGE SUBDIVISION IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City
Clerk a final plat of Pinto Ridge Subdivision in
the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street
to be known as Pinto Ridge Court (Lot A),
Seippel Road (Lot B) and Old Highway Road
(Lot C) together with certain public utility and
sewer easements, which the owners by said
final plat have dedicated to the public forever;
and
Whereas, the preliminary plat has been
examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by
the City Planner and had her approval endorsed
thereon, subject to the owners agreeing to the
conditions noted in Section 2 below; and
Whereas, said final plat has been examined by
the City Council and they find that it conforms to
the statutes and ordinances relating to it, except
that no streets or public utilities have yet been
constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Pinto Ridge
Court (Lot A), Seippel Road (Lot B) and Old
Highway Road (Lot C), together with the
easements for public utilities, sanitary sewer,
storm sewer and water mains as they appear
upon said final plat, be and the same are hereby
accepted; and
Section 2. That the final plat of Pinto Ridge
Subdivision, is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named,
execute their written acceptance hereto attached
agreeing:
(a) To reduce Pinto Ridge Court (Lot A) to
grade and to construct concrete curb and gutter
and to hard surface with asphaltic concrete, or
with concrete paving with integral curb, all in
accordance with the City of Dubuque standard
specifications, all in a manner acceptable to the
City Engineer, in conformance with construction
improvement plans approved by the City
Engineer, and inspected by the City Engineer.
(b) To install a capped sanitary sewer main
system, with service laterals into each lot, water
mains and water service laterals into each
individual lot, storm sewers and catch basins,
boulevard street lighting and erosion control
devices all in accordance with the City of
Dubuque standard specifications, all in a
manner acceptable to the City Engineer, and in
accordance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
(c) To construct said improvements, prior to
two (2) years from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owner;
(d) To maintain the public improvements, for a
period of two (2) years from the date of the
acceptance of those improvements by the City
of Dubuque, Iowa, at the sole expense of the
owners, or future owner;
And, further provided that said that Wayne and
Lynn Stewart, as owners of said property, shall
secure the performance of the foregoing
conditions provided in this Section by providing
guarantees in such form and with such sureties
as may be acceptable to the City Manager of the
City of Dubuque, Iowa.
Section 4. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
through 41-164. The responsibility shall extend
346 Regular Session, October 15, 2001
to all successors, heirs and assignees. Sidewalk
installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely developed
subdivisions, sidewalks on developed lots will
not be required until 50% of the lots approved by
the plat have been developed. All vacant lots
shall have sidewalks installed upon development
of 80% of the lots approved by the plat.
Sidewalks along Old Highway Road will not be
required until curb and cutter has been installed
along said roadway.
Section 5. That the final acceptance of all
public improvements shall occur upon
certification of City Engineering to the City
Council that all public improvements have been
completed in accordance with the improvement
plans and City standard specifications and
accepted by City Council Resolution.
Section 6. That in the event Wayne and Lynn
Stewart fail to execute the acceptance and
furnish the guarantees provided in Section 3
hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null
and void and the acceptance of the dedication
and approval the plat shall not be effective.
Passed, approved and adopted this 15th day
of October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 450-01
We, the undersigned, Wayne and Lynn
Stewart, property owners, having read the terms
and conditions of the Resolution No. 450-01,
and being familiar with the conditions thereof,
hereby accept the same and agree to the
conditions required therein.
Dated this 14th day of November, 2001.
By:/si Wayne Stewart
By:/si Lynn A. Stewart
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Riprow Valley - Land and Water Conservation
Fund Grant Agreement: City Manager
recommending approval of a Land and Water
Conservation Fund grant agreement with the
Iowa Department of Natural Resources for the
Riprow Valley Recreation Area project,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
C.J. Bies Subdivision No. 2 - Final Plat: The
Zoning Advisory Commission recommending
approval of the Final Plat of Lot A and Lots 1, 2,
3, 4, and 5 of C.J. Bies Subdivision No. 2, along
the east and west sides of Kebbie Drive,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 451-01
A RESOLUTION APROVING THE FINAL PLAT
OF LOT A AND LOTS 1, 2, 3, 4, AND 5 OF C.J.
BIES SUBDIVISION NO. 2 IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City
Clerk a final plat of Lot A and Lots 1, 2, 3, 4 and
5 of C.J. Bies Subdivision No. 2 in the City of
Dubuque; and
Whereas, upon said final plat appears a street
known as Kebbie Drive (Lot A), which the
owners by said final plat have dedicated to the
public forever; and
Whereas, said final plat has been reviewed by
the Zoning Advisory Commission and had their
approval endorsed thereon, subject to the
owners agreeing to the conditions noted in
Section 2 below;
Whereas, said plat of survey has been
examined by the City Council and they find that
it conforms to the statutes and ordinances
relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Kebbie Drive
(Lot A) and easement for storm sewer and
public utilities as they appear upon said final plat
be and the same is hereby accepted; and
Section 2. That the final plat of Lot A and Lots
1, 2, 3, 4 and 5 of C.J. Bies Subdivision No. 2 is
hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa, upon
said final plat, provided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing:
a) To reduce Kebbie Drive cul-de-sac to grade
and to hard surface with asphaltic concrete, in a
manner acceptable to the City Engineer, and in
conformance with construction improvement
plans approved by the City Engineer, and
inspected by the City Engineer.
b) To construct said improvements prior to one
(1) year from the date of acceptance of this
resolution, at the sole expense of the owners, or
future owners.
Section 3. That the installation of sanitary
sewer mains and sewer service laterals into
each lot, water mains and water service laterals
into each lot, all in accordance with the City of
Dubuque Standard Specifications and City
Codes, all in a manner acceptable to the City
Engineer, and in accordance with improvement
plans approved and inspected by the City
Engineer, shall be the responsibility of the owner
of each individual lot and shall extend to all
successors, heirs and assignees.
Section 4. Sidewalk installation shall be the
responsibility of the owner abutting the public
rights-of-way, including lots with multiple
frontages, as required by City Code 41-161
Regular Session, October 15, 2001 347
through 41-164. The responsibility shall extend
to all successors, heirs and assignees. Sidewalk
installation will not be required until the
development of the lot has been completed,
except as required herein. In sparsely developed
subdivisions, sidewalks on developed lots will
not be required until 50% of the lots approved by
the plat have been developed. All vacant lots
shall have sidewalks installed upon development
of 80% of the lots approved by the plat.
Section 5. That in the event the owners shall
fail to execute the acceptance and furnish the
guarantees provided in Section 2 hereof within
180 days after the date of this resolution, the
provisions hereof shall be null and void and the
acceptance of the dedication and approval of the
plat shall not be effective.
Passed, approved and adopted this 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO. 451-01
I, Pamela A. Triolo, the undersigned, having
read the terms and conditions of the Resolution
No. 451-01 and being familiar with the
conditions thereof, hereby accept this same and
agree to the conditions required therein.
Dated this 15th day of October, 2001.
By Pamela A. Triolo
ACCEPTANCE OF RESOLUTION NO. 451-01
I, Roger G. Klauer, the undersigned, having
read the terms and conditions of the Resolution
No. 451-01 and being familiar with the
conditions thereof, hereby accept this same and
agree to the conditions required therein.
Dated this 15th day of October, 2001.
By: Roger G. Klauer
ACCEPTANCE OF RESOLUTION NO. 451-01
I, Kathleen M. Sullivan, the undersigned,
having read the terms and conditions of the
Resolution No. 451-01 and being familiar with
the conditions thereof, hereby accept this same
and agree to the conditions required therein.
Dated this 15th day of October, 2001.
By: Kathleen M. Sullivan
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0
Project Concern Minibus Purchase of Service
Agreement for Fiscal Year 2001: City Manager
recommending approval of an amendment to the
Project Concern Minibus Purchase of Service
Agreement for Fiscal Year 2001, presented and
read. Buol moved that the communication be
received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Traffic Pre-Emption Vendor: City Manager
recommending approval of 3-M Intelligent
Transportations Systems as the vendor for the
City of Dubuque's traffic pre-emption system,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Cornerstone Apartments - Right-of-Way
Encroachment: City Manager recommending
approval of an Irrevocable License for the
Cornerstone Apartments (former Iowa Inn) to
allow for two areas of encroachment into the
public right-of-way, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Markham. Motion carried 7-0.
Cooper Wagon Works - Right-of-Way
Encroachment: City Manager recommending
approval of an Irrevocable License for the
Cooper Wagon Works Building to allow an
encroachment into the public right-of-way to
provide for handicap accessibility, presented
and read. Buol moved that the communication
be received and filed and approved
recommendation. Seconded by Markham.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 452-01
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
Puff n Snuff Molo Oil Company
1101 Rhomberg Ave
Main Street Popper Paul Bertsch
730 Main St
Passed, approved and adopted this 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 453-01
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 the City and have filed
proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
348 Regular Session, October 15, 2001
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Molo Oil Company Puff n Snuff+
(Sunday Sale) 1101 Rhomberg Ave
Passed, approved and adopted this 15th day of
October ,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 454-01
Whereas, applications for Liquor License 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 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" (COMMERICAL)
BEER/LIQUOR LICENSE
DAMA Corp
(Sunday Sale)
Bierstube Ltd.
Tollbridge, LLC
(Sunday Sale)
Dog Gone, Inc.
Rainbow Lounge+
36 W 4tl~ St
Europa Haus Restaurant
1301 Rhomberg
Tollbridge+
2800 Rhomberg
Dog House Lounge+
(Sunday/Outdoor) 1646 Asbury Rd
th
Passed, approved and adopted this 15 day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Interviews for the following Boards /
Commissions: TV Cable Regulatory
Commission (2 Vacancies). Applicant: Michael
Pratt. Mr. Pratt spoke requesting consideration
for reappointment.
Appointments to the following Boards /
Commissions: Environmental Stewardship
Advisory Commission (Two 3-year terms to
expire 10/1/04): Applicants: Michael J. Buelow,
John S. Bennett, John Nemmers. Vote on the
appointment was as follows: Buol voted for
Buelow and Bennett. Cline voted for Bennett
and Nemmers. Duggan voted for Buelow and
Bennett. Markham voted for Buelow and
Bennett. Michalski voted for Buelow and
Bennett. Nicholson voted for Buelow and
Bennett. Robbins voted for Buelow and Bennett.
Therefore, Michael J. Buelow and John S.
Bennett reappointed to three year terms which
will expire 10/1/04.
Mechanical Code Board (Five Vacancies)
Applicant: Todd Geisler (Pipefitter). Michalski
moved that Todd Geisler be appointed to an
unexpired three year term which will expire
3/16/03. Seconded by Robbins. Motion carried
7-0.
Plumbing Board (Two Vacancies) Applicant:
Dan Harris (At-Large). Michalski moved that Dan
Harris be appointed to an unexpired three year
term which will expire 11/2/03. Seconded by
Nicholson. Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to speak. Seconded by
Robbins. Motion carried 7-0.
2727 Dodge Street - Rezoning Request: Proof
of publication on notice of hearing to consider
rezoning property located at 2727 Dodge Street
from C-2 Neighborhood Shopping Center District
to C-3 General Commercial District at the
request of Beverly Miller and Zoning Advisory
Commission recommending that the City
Council deny the request, and An Ordinance
Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by
reclassifying hereinafter described property
located at 2727 Dodge Street from C-2
Neighborhood Shopping Center District to C-3
General Commercial District, presented and
read. Robbins moved that the documents be
received and filed and concur with the denial.
Seconded by Nicholson. Motion carried 7-0.
Herrig Real Estate - John F. Kennedy Circle:
Proof of publication on notice of hearing to
consider rezoning property located at the end of
John F. Kennedy Circle from C-3 General
Commercial to CS Commercial Service and
Wholesale District at the request of Herrig Real
Estate and Zoning Advisory Commission
recommending approval of the request with
conditions, presented and read. Buol moved that
the proof and communication be received and
filed. Seconded by Markham. Motion carried 7-0.
Eldon Herrig spoke in favor of the proposed
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at the end of John F.
Kennedy Circle from C-3 General Commercial
Regular Session, October 15, 2001 349
District to CS Commercial Service and
Wholesale District, with conditions, presented
and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 67-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRIB-
ED PROPERTY LOCATED AT END OF JOHN
F. KENNEDY CIRCLE FROM C-3 GENERAL
COMMERCIAL DISTRICT TO CS COM-
MERClAL SERVICE AND WHOLESALE
DISTRICT, WITH CONDITIONS.
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 C-3
General Commercial District to CS Commercial
Service and Wholesale District with conditions
described in the attached Memorandum of
Agreement, to wit:
Lot 3, Herrig's JFK Addition, and to the
centerline 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
law.
Passed, approved and adopted this 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 67-01
I, Eldon T. Herrig, representing Herrig Real
Estate Development, having read the terms and
conditions of the Ordinance No. 67-01 and being
familiar with the conditions thereof, hereby
accept this same and agree to the conditions
required therein.
Dated this 15th day of October, 2001.
By:/si Eldon T. Herrig
Published officially in the Telegraph Herald
newspaper this 19th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/19
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 Markham. Motion carried 7-0.
390 Mississippi View- Rezoning Request:
Proof of publication on notice of hearing to
consider rezoning property located at 390
Mississippi View from R-1 Single-Family
Residential District to R-2 Two-Family
Residential District at the request of Mary Lee
Marting and Zoning Advisory Commission
recommending approval of the request,
presented and read. Robbins moved that the
proof and communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Mary Lee Marting, 360 Mississippi View, spoke
in favor of the proposed rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located at 390 Mississippi
View from R-1 Single-Family Residential District
to R-2 Two-Family Residential District,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 68-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED AT 390
MISSISSIPPI VIEW FROM R-1 SINGLE-
FAMILY RESlDNETIAL DISTRICT TO R-2
TWO-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter described property from R-1
Single-Family Residential District to R-2 Two-
Family Residential District, to wit:
Lot 1 of 13, Lot 2 of 13, Lot 2 of 14 and Lot 1
of 14, Mississippi Heights No. 2, and to the
centerline 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
law.
Passed, approved and adopted this 15th day
of October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 19th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/19
Robbins moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
350 Regular Session, October 15, 2001
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 carded 7-0.
Fiscal Year 2002 Budget Amendment: Proof of
publication on notice of headng to consider an
amendment to the Fiscal Year 2002 budget and
City Manager recommending approval,
presented and read. Markham moved that the
proof and communication be received and filed.
Seconded by Nicholson. Motion carded 7-0.
Markham moved adoPtion of the Resolution.
Seconded by Nicholson. Motion carded 7-0.
Regular Session, October 15, 2001 351
The Finley Hospital - Request to Vacate:
Proof of publication on notice of hearing to
consider a request from The Finley Hospital to
vacate an alley west of College Street and the
southwest corner of West 5th Street and College
Street and City Manager recommending
approval, presented and read. Cline moved that
the proof and communication be received and
filed. Seconded by Nicholson. Motion carried 7-
0.
RESOLUTION NO. 456-01
RESOLUTION DISPOSING OF CITY
INTEREST IN LOTS 7A AND 8A OF FINLEY
HOME ADDITION IN THE CITY OF DUBUQUE,
I O WA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on the 5th day of October, 2001, the City
Council of the City of Dubuque, Iowa met on the
15th day of October, 2001, at 6:30 p.m. in the
Public Library Auditorium, 11th and Locust,
Dubuque, Dubuque, County, Iowa to consider
the proposal for the sale of real estate described
as:
Lots 7A and 8A of Finley Home Addition in the
City of Dubuque
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lots 7A and 8A of
Finley Home Addition in the City of Dubuque,
Iowa to The Finley Hospital be and the same is
hereby approved for the sum of $8,305.00, plus
cost of publication, platting and filing fees.
Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
The Finley Hospital upon receipt of the purchase
price in full.
Section 3. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Comiskey Park Building Construction: Proofs
of publication on notice of hearing on plans and
specifications and notice to bidders on the
receipt of bids, and City Manager recommending
award of the contract to S & S Construction,
presented and read. Michalski moved that the
proof and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 457-01
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
WHEREAS, on the 4th day of September,
2001, plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the CONSTRUCTION OF A
NEW BUILDING IN COMISKEY PARK.
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 15th day
of October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 458-01
AWARDING CONTRACT
WHEREAS, sealed proposals have been
submitted by contractors for the
CONSTRCTION OF A NEW BUILDING IN
COMISKEY PARK pursuant to Resolution No.
394-01, and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa, on the 7th day of September, 2001.
WHEREAS, said sealed proposals were
opened and read on the 5th day of October,
2001, and it has been determined that the bid of
S & S CONSTRUCTION, in the amount of
$363,363.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to S & S CONSTRUCTION, and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work.
BE IT FURTHER RESOLVED:
352 Regular Session, October 15, 2001
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 15th day
of October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
2001 Harbor Maintenance Dredging Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids, and City Manager
recommending award of the contract to Newt
Marine Service in the amount of $78,880,
presented and read. Robbins moved that the
proof and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 459-01
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 12th day of September, 2001,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the 2001 Harbor
Maintenance Dredging 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 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 460-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the 2001 Harbor
Maintenance Dredging Project pursuant to a
notice to bidders published in a newspaper
published in the City of Dubuque, Iowa on the
21 st day of September, 2001.
Whereas, said sealed proposals were opened
and read on the 4th day of October, 2001, and it
has been determined that the bid of Newt
Marine Service of Dubuque, Iowa, in the amount
of $78,880 was the lowest bid for the furnishings
of all labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Newt Marine Service and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work. BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Manson Road Bridge Reconstruction Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids, and City Manager
recommending award of the contract to Taylor
Construction Inc., in the amount of $785,074.83,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 461-01
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 12th day of September, 2001,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk of
Dubuque, Iowa for the Manson Road Bridge
Reconstruction 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 15th day
of October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 462-01
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the Manson Road
Regular Session, October 15, 2001 353
Bridge Reconstruction pursuant to a notice to
bidders published in a newspaper published in
the City of Dubuque, Iowa, on the 11th day of
September, 2001.
Whereas, said sealed proposals were opened
and read on the 2nd day of October, 2001, and it
has been determined that the bid of Taylor
Construction, Inc. of New Vienna, Iowa, in the
amount of $785,074.83 was the lowest bid for
the furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Taylor Construction Inc. and the
Manager be and is hereby directed to execute a
contract on behalf of the City of Dubuque for the
complete performance of the work. BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 15th day
of October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Michalski questioned emergency access
during construction.
Ruscilli Development Co., Ltd.: Proof of
publication on notice of public hearing to
consider disposing of an interest in real property
by sale and option to purchase to Ruscilli
Development Co., Ltd., and City Manager
recommending approval of the sale and option
to purchase to Ruscilli Development Co., Ltd.,
presented and read. Cline moved that the proof
and communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
RESOLUTION NO. 463-01
RESOLUTION APPROVING A DEVELOP-
MENT AGREEMENT PROVIDING FOR THE
SALE AND OPTION TO PURCHASE
PROPERTY IN THE DUBUQUE INDUSTRIAL
CENTER WEST IN THE CITY OF DUBUQUE,
IOWA, TO RUSCILLI DEVELOPMENT CO.,
LTD.
Whereas, this Council, by Resolution No. 449-
01 dated October 8, 2001, declared its intent to
enter into a Development Agreement with
Ruscilli Development Co., LTD. and the
McGraw-Hill Companies, Inc. for the sale and
option to purchase certain property in the
Dubuque Industrial Center West in the City of
Dubuque, Iowa, (the Property) described in the
attached Development Agreement; and
Whereas, pursuant to published notice, a
public hearing was held on the proposed
disposition on October 15, 2001, at 6:30 p.m. at
the Carnegie-Stout Public Library Auditorium,
360W. 11t~Street, Dubuque, Iowa.; and
Whereas, it is the determination of this Council
that approval of the Development Agreement for
the sale to and option to purchase by and
development of the Property by Ruscilli
Development Co., LTD. according to the terms
and conditions set out in the Development
Agreement is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Development
Agreement by and among the City of Dubuque,
Ruscilli Development Co., LTD. and The
McGraw-Hill Companies, Inc. and the sale of
and option to purchase by Ruscilli Development
Co., LTD. of the Property is hereby approved.
Section 2. That the Mayor is hereby authorized
and directed to execute the Development
Agreement on behalf of the City and City Clerk
is authorized and directed to attest to his
signature.
Section 3. That the Mayor and City Clerk are
hereby authorized and directed to execute and
deliver a Special Warranty Deed for the Property
as provided in the Development Agreement.
Section 4. That the City Manager is authorized
to take such actions as are necessary to comply
with the terms of the Development Agreement
as herein approved.
Passed, approved and adopted this 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Michalski. Motion carried 7-0.
Kebbie Drive - Roger Klauer: Proof of
publication on notice of hearing to consider
rezoning property located along the east and
west sides of Kebbie Drive from R-1 Single-
Family Residential District to R-2 Two-Family
Residential District at the request of Roger
Klauer and Zoning Advisory Commission
recommending approval of the request,
presented and read. Buol moved that the proof
and communication be received and filed.
Seconded by Michalski. Motion carried 7-0.
Mr. Klauer spoke in favor of the requested
rezoning.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located along Kebbie Drive
354 Regular Session, October 15, 2001
from R-1 Single-Family Residential to R-2 Two-
Family Residential District, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 69-01
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY
LOCATED ALONG KEBBIE DRIVE FROM R-1
SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-
FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A of the Zoning
Ordinance of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying
the hereinafter described property as shown in
Exhibit A, and to the center line of the adjoining
public right-of-way, all in the City of Dubuque,
Iowa, from R-1 Single-Family Residential District
to R-2 Two-Family Residential District.
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
law.
Passed, approved and adopted this 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 19th day of October, 2001.
Jeanne F. Schneider, City Clerk
It 10/19
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.
Kebbie Drive - Request to Vacate (Tabled at
Meeting of October 1, 2001): Cline moved to
remove the following from the table. Seconded
by Nicholson. Motion carried 7-0.
Proof of publication on notice of public hearing
and City Manager recommending to dispose of
City-owned property to Roger Klauer and
recommending modification of the Memorandum
of Agreement regarding limited access to
Century Drive for property rezoned to C-3,
communication of Roger F. Klauer requesting
clarification of the Memorandum of Agreement
of C-3 zoned property in C.J. Bies Subdivision,
and communication from the Zoning Advisory
Commission regarding the condition of limited
access to Century Drive from the commercial
property and offering to review the issue at their
next meeting, presented and read. Nicholson
moved that the proof and communications be
received and filed and recommendation of the
City Manager be approved. Seconded by Buol.
Carried by the following vote: Yeas--Buol,
Duggan, Markham Michalski, Nicholson,
Robbins. Nays--Cline.
RESOLUTION NO. 464-01
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES
SUBDIVISION AND LOT 5A OF BLOCK 3 C.J.
BIES SUBDIVISION, DUBUQUE, IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on the 21st day of September, 2001, the
City Council of the City of Dubuque, Iowa met on
the 1st and 15th day of October, 2001, at 6:30
p.m. in the Public Library Auditorium, 11th and
Locust, Dubuque, Dubuque, County, Iowa to
consider the proposal for the sale of real estate
described as:
Lot 4A of Block 3 C.J. Bies Subdivision and
Lot 5A of Block 3 C.J. Bies Subdivision in the
City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW THEREFORE, BE 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 4A of Block 3 C.J.
Bies Subdivision in the City of Dubuque, Iowa to
Julie A. and Rick J. Hardorff be and the same is
hereby approved for the sum of $664.00.
Conveyance shall be by Quit Claim Deed.
Section 2. That the sale of City of Dubuque
real property described as Lot 5A of Block 3 C.J.
Bies Subdivision in the City of Dubuque, Iowa to
Pamela A. Triolo, Roger G. Klauer, and
Kathleen M. Sullivan be and the same is hereby
approved for the sum of $18,553.00, plus the
cost of publication, platting, and filing fees.
Conveyance shall be by Quit Claim Deed.
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, 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 Dubuque, Iowa, as shown in the Plat
of Survey of Lot 4A and Lot 5A of Block 3 C.J.
Bies Subdivision.
Section 4. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
Regular Session, October 15, 2001 355
City Clerk be and is hereby authorized and
directed to deliver said deeds of conveyance to
Pamela A. Triolo, Roger G. Klauer, and
Kathleen M. Sullivan and Julie A. and Rick J.
Hardorff upon receipt of the purchase price in
full.
Section 5. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted 15th day of
October, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Nicholson moved adoption of the Resolution.
Seconded by Buol. Carried by the following vote:
Yeas--Buol, Duggan, Markham. Michalski,
Nicholson, Robbins. Nays--Cline.
Buol moved that the rules be reinstated limiting
discussion to the Council. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
The River's Edge Plaza: Dubuque Main Street,
Ltd recognizing The River's Edge Plaza as the
Best Public Improvement Project for 2000 -
2001, presented and read. Buol moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
N. J. Yiannias - Request to Address Council:
Communication of N. J. Yiannias requesting to
address the City Council regarding his request
to vacate Congress Circle, presented and read.
Nicholson moved that the communication be
received and filed. Seconded by Robbins.
Motion carried 7-0
Mr. Yiannis spoke requesting a fair deal as to
the sale price of the property. Direction was
given to work with Staff and complete an
appraisal of the property.
COUNCIL MEMBER REPORTS
Duggan invited concerned community citizens
to a meeting hosted by Dubuque365 on
Saturday, 10/20/01, from 9:00 to 11:00 A.M. at
Irving School where Dubuque community efforts
for assistance in the 9/11/01 tragedies will be
discussed and considered. Markham stated he
is going to Washington DC soon and will talk to
the Legislators, and also that Airport officials are
arranging a meeting in February with Legislators
in the near future.
At 7:55 P.M. Buol moved to go into Closed
Session: Collective Bargaining Strategy- Iowa
Code Chapter 20.17(3). Seconded by Michalski.
Motion carried 7-0.
At 8:01 Council reconvened Regular Session
stating that staff had been given proper
direction.
There being no further business, Buol moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 8:02 P.M.
It 10/24
/s/Jeanne F. Schneider
City Clerk
Approved: 2001
Adopted: 2001
Mayor
Council Members
Attest:
City Clerk