2000 January Council ProceedingsReqular Session, January 3, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
Monday, January 3, 2000
Council Met at 6:30 P.M at the
Public Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Cline, Markham,
Michaiski, Nicholsan, Robbins, City
Manager Michael Van Milligan,
Corpgratian Counsel Barry Lindahl.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
to act upon such business which may
properly come before the Council.
invocation was given by Father Mike
Hutchins, President of Divine Word
Seminary.
Mayor Duggan swore in the newly
eiectad Council: Council Member At
Large: Ann MichalskJ; Council
Member Second Ward: Roy Buol; and
Council Member Fourth Ward: Patricia
CIine. (Let the record show that each
individual had executed a written oath
of office pdor to January 1, 2000.
Mayor Duggan swore in Dan
Nicholson as Mayor Pro-Tern.
Proclam~on: January 16, 2000 as
"Martin Luther King, Jr., Day" received
by Emestine Maas.
MINUTES SUBMITTED:
Environmental Stewardship Advisory
Commission of December 7, 1999;
Five Flags Commission of 12/20/99;
Historib Preservation Commission of
December 2, 1999; Human Rights
Commission of 11/8/99; Park and
Recreation Commission of 12/14/99;
presented and read. Buol moved that
the minutes be received and filed.
Seconded by Nicholson. Motion carried
7-0.
NOTICES OF CLAIMS/SUITS -
Judith and Gerald Cottrell in amount of
$250,000 for personal injuries; Penny
A. Gronen in amount of $107.74 for car
damages; Lois M. Wubben in amount
of $61.80 for car damages, presented
and read. Buol moved that the claims
and suits be referred to the Legal Staff
for investigation and report. Seconded
by Nicholson. Motion cart ed 7-0.
Correspondence from Allan J.
Becker to acquire property located in
downtown Dubuque on Kerper
Boulevard, Lot #2 of Bradley Place,
presented and read. Buol moved that
the communication be received and
flied and referred to the City Manager.
Seconded by Nicholson. Motion
carried
Iowa Department of Natural
Resources submitting Industrial
Pratreatment Compliance Inspection
report for Water Pollution Control Plant,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Nicholson.
Motion carded 7-0.
There being no further business,
Buo[ moved to adjourn. Seconded by
Robbins. Motion carried 7-0. The
mee~ng adjourned at 6;41 P.M.
/s/MaryA. Davis, CMC,
City Clerk
Approved /-'///~ ,2000
Ado
Special Session, January 17, 2000
DUBUQUE
ClTY COUNCIL
OFFICIAL
PROCEEDINGS
Monday, January 17, 2000
At 5:00 P.M. Council had dinner on
the Second Floor Rotunda, Public
Library
At 5:30 P.M. Council -net au the
Public Library Auditorium
Present: Mayor Duggan, Council
Members Buol Cline, Markham.
M~chalski Nicholson Robbins, City
Manager Michael Van Milligan,
Corporation Counsel Barry UndahL
City Staff presented design concepts
for the Third Street Parking Ramp.
Upon consensus meeting adjourned
at 6:13 P,M.
~ary A. Davis CMC
City Clerk
Approved ~'zz/~ ,2000
Adopted %. ~./~ ~' ~ 2000
Council Members
~ Clerk
Reqular Session, January 17, 2000
3
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session,
January 17, 2000
Counc~ Met at 6:30 P.M., in the
Pubiic Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Cline, Markham,
Michalski, Nichoison, 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
to act upon such business which may
propedy come before the Council.
thvoca~Jon was given by Murray
Phillips, Acting Director of the Dubuque
Rescue Mission.
PROCLAMATIONS: January 18-20,
2000 as "Special Orympics Iowa
Dubuque Winter Games Time'
received by Paul Gorreil and Amy
Powers; January 28, 2000 as "Mary A.
Davis Day' received by City Clerk
Mary A. Davis.
Rick Dickinson, Executive Director,
Greater Dubuque Development
Corporation, gave a verba~ progress
report.
MINUTES SUBMII-I'ED: Cable TV
Regulatory Commission of 1/12~00;
Cable Community Teieprogramming
Commission of 114/00; Historic
Preservation Commission of 12116199;
Library Board of Trustees of 11/17/99;
Zoning Advisory Commission of 1/6/00,
presented and read. Buol moved that
the minutes be received and tiled.
Seconded by Markham. Motion carded
7-0.
Financial reports for the month
ending 12/31/99, presented and read,
Buol moved that the communication be
received and tiled. Seconded by
Markh,~m. Motion carried 7-0.
Finance Director Duane Pitcher
subm~ting Quarterly Investment Report
for period 7/1/99 through 12J31/99,
presented and read. Budi moved that
the communication be received and
tiled. Seconded by Markham. Motion
carded 7-0.
Proof of Publication and List of
Claims and Summary of Revenues for
the Month Ending 10/99, presented
and read. Buol moved that the proof
be received and tiled. Seconded by
Markham. Motion carried 7-0.
Proof of Publication on publishing of
Council Proceedings for 12/6199 and
12/20/99, presented and read. BuoJ
moved that the proofs be received and
flied. Seconded by Markham. Motion
carded 7-0.
Pdnted Council Proceedings for
month of November and December,
1999, presented and read. Buol
moved that the procaedings be
approved as printed. Seconded by
Markham. Motion carded 7-0.
NOTICES OF CLAIMS/SUiTS: Kirk
Dahl in the estimated amount of $3,200
for vehidie damage; Craig and Shed
Kruser in the amount of $83.14 for
vehicle damage; Elaine A.
Oberbroeckiing in unknown amount for
personal injuries; Terry Schmitt/Butt's
Flodst in the amount of $73.67 for
vehicle damage; Tdiog in unknown
amount for electrical damages;
Dubuque Bank and Trust Company vs
City of Dubuque Housing Services
Rehabilitation, et al, submitting pet~on
for foreclosure of real estate, 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.
Corporation Counsel advising the
follow~ng claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance: personal injury of Judith
and Gerald Cottrell; personal injury of
Gregory M. Yoko, presented and read.
Bug[ moved that the communication be
received and tiled. Seconded by
Markham. Motion carded 7-0,
Corporation Counsel recommending
denial of vehicle damage claim of Butts
4
Regular Session, January 17, 2000
F[odst, presented and read. Buo]
moved that the communication be
received and tiled and recommendation
approved. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending
settlement of vehicle damage claim of
Lois M. Wubben in amount of $61.80
and Finance Director to issue check,
presented and read. Buol moved that
the communication be received and
filed and seffiement approved.
Seconded by Markham. Motion carried
7-0.
Zoning Advisory Commission
advising of their approval of Plat of
Survey for 461 and 495 West 5th
Street, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Markham. Motion carried 7-0.
RESOLUTION NO. 1-00
RESOLUTION APPROVING THE
PLAT OFSURVEYOF LOTS 1 AND 2
OF AL MILLER PLACE IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with
the City Clerk a Plat of Survey of Lots
1 and 2 of Al Miller Place in the City of
Dubuque. Iowa: and
Whereas, said plat provides Lot 1
with 4.92 feet of frontage and 885
square feet of lot area and Lot 2 with
45.08 feet of frontage and 4.765
square feet of lot area where 50 feet of
lot frontage and 5,000 seuare feet of lot
area is required by Section 42-19(b) of
the Subdivision Regulations; and
Whereas. said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
endorsed thereon: and
Whereas, said survey plat has been
examined by the Cig 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, OWA:
Secbon 1. That Section 42-19(b) of
· ;ne Subdivision Regulations is waived
to allow Lot 1 ro have 4.92 feet of
frontage and 885 square feet of ~or
area and Lot 2 to nave 45.098 feet of
frontage and 4,765 square feet of lot
area where 50 feet of lot frontage and
5,000 souare feet of 1ct area is
required.
Section 2. That the survey plat of
Lots 1 and 2 of Al Miller 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
subdivision plat.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adopiton of the
resolution. Seconded by Markham.
Vlotion carded 7-0.
Zoning Advisory Commission
advising of their approval of final plat of
Fensterman Subdivision, First Addition,
splitting an existing lot into three lots
(Dubuque County), presented and
read. Buol moved that the
communica'don be received and filed.
Seconded by Markham. Motion carded
7-0.
RESOLUTION NO. 2-00
RESOLUTION APPROVING THE
FINAL PLAT OF FENSTERMAN
SUBDIVISION, FIRST ADDITION, IN
DUBUQUE COUNTY, IOWA
Whereas, there has been tiled with
the City Clerk a Final Plat of
Fensterman Subdivision, First Addition,
in Dubuque County, Iowa; and
Whereas. saic plat nas beer
examlneo By the Zoning Advisory
Commission and had its aDDrova
endorsed thereon; and
Whereas. said plat nas beec
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating merero.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Fina Plat of
Fensterman Subdivision. First Addition
s hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa. upon saic
subdivision plat.
Section 2. That the .City Counci
hereby waives Article IV. Design and-
~mprovement Standards. of the
Subdivision Regulations, excec[
Section 42-19, Lots ano Blocks.
Passed. approved and adopted this
I17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Regular Session, january
Buoi moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0~
City Manager recommending
acceptance of 1999 AC Paving Project,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carded 7-0.
RESOLUTION NO. 3-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the 1999
Asphalt Paving Project - Fiscal Year
2000 has been complsted 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
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Street Construction Fund, the
Parking Lot Construction Fund, the
General Fund and Sanitary Sewer
Construction Funds in amount equal to
the amount of this contract, less any
retained percentage provided for
therein.
Passed, approved and adopted this
17th day of January, 2000.
Torrance M. Duggan, Mayor
Attest: Mary,A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 4-00
FINAL ESTIMATE
Whereas, the contract for the 1999
Asphalt Paving Project ~ Fiscal Year
2000 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 $184,146.14 and the said amount
shall be paid from the Street
Construction Fund, the Parking Lot
Construction Fund, the General Fund
and Sanitary Sewer Construction
Funds of the City of Dubuque, Iowa.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggee, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
reeo[ution. Seconded by Markham.
Motion carded 7-0.
City Manager recommending
acceptance of WashingtonNailey
Storm Sewer Repair Project, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO; 5-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Storm
Damage Repair of Washington &
Valley Streets 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 spedfications 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 ]T FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
FEMA and the Local Sales Tax Fund in
an amount equal to the amount of this
contract, less any retained percentage
~rovided for therein.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried
RESOLUTION NO. 6-00
FINAL ESTIMATE
Whereas, the contract for the Storm
Damage Repair of Washington &
Valley Streets has been completed and
6 Regular Session, January 17, 2000
the City Engineer has submitted his
final estimate showing [he 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
~mpmvement is hereby determined to
be $132.268.31 and the said amount
shall be paid from FEMA and the Local
Sales Tax Fund of the City of Dubuoue.
owa.
Passed. approved and adooted this
17th day of January, 2000.
Torrance m. Duggan, Mayor
Attest: MaryA. Davis, Cit~ Clerk
Buo] moved aooption of tne
resolution. Seconded by Markham
Motion carried 7-0.
HUD advising of Fiscal Year 2000
formula allocation for CDBG HOME
rnvestment Partnerships, Emergency
Shelter Grant and Housing
Opportunities for Persons with AIDS
programs, presented and read Buo]
moved that the communication be
received and filed. Seconded by
Markham. Motion carried 7-0.
HUD advising of receipt of the City's
amendment to the Federal Fiscal Year
1999 Community Development Block
Grant Annual Action Plan, presented
ane read. Buol movee that the
communication be received and filed
Seconded by Markham. Motion carried
7-0.
City Manager recommending
approval of operating agreement with
golf professional George Stepnenson
for the 3unker Hill Golf Course
presented and read. Buol moved that
[ne communication be receivec ano
filed and recommendation approvee
Seconded by Markham. Motion carried
7-0.
City Manager recommending
approval of management agreement for
Miller-Rive~ew Park with Pat
Felderman, presented and read. Buo]
moved that the communicatior be
received and filed and recommendation
approved. Seconded by Markham
Motion carded 7-0.
City Manager recommending award
of the swimming pool concession
agreement to Dave Maiers
Concessions. presented ano reao.
Buot moved that the communication be
received and filed and recommendation
approved. Seconded by Marknam.
Motion carried 7-0.
City Manager recommending
approval of an application for a Marine
Fuel Tax Grant, presentec and reao.
Buol moved that the communication be
received and filed. Seconded by
Markham. Motion carded 7-0
RESOLUTION NO. 7-00
RESOLUTION AUTHORIZING
APPLICATION FOR MARINE FUEL
TAX GRANT FOR CONSTRUCTION
OF NON-MOTORIZED WATER
CRAFT DOCKING FACILITY
Whereas the Dubuque Dragon Boat
Association (DDBA) has requested that
the City of Dubuque sponsor a Manne
Fuel Tax grant application to the Iowa
Department of Natural Resources
(IDNR) for construction of s docking
facility for paddle spor[a and ~on-
motorized water craft on the Mississippi
Rh/er: and
Whereas. the goals of the C~y ano
DDBA are [o promom healthy lifestyles
for the people of Dubuque, to increase
the number and variety of wa[e-
recreational access sites, and to
expand recreations opportunities on
Whereas. the City has an adopted
Riverfrant Plan that places s high
priority on recreational improvements
to Schmitt Island; and
Whereas. the City recognizes the
recreational ootential of the DDBA's
request for a non-motorized water cratt
docking facility.
NOW THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Planning
Services Manager is hereby authorized
to submit an application for Madne Fuel
Tax funds to the IDNR. sponsoring the
DDBA's request for the construction of
a docking facility for paddle spor[s ano
non-motorized water craft on the
Mississippi River.
Section 2. That the DDBA will
provide the necessary local match for
this project if the IDNR funds the grant
Passed. approved and adopted this
Reqular Session, January 17~ 2000 7
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
Communication from Dubuque
Metropolitan Area Solid Waste Agency
advising of landfill rate increase for FY
2001, presented and read. Buol
moved that the communication be
received and riled. Seconded by
Markham. Motion carried 7-0.
Terry Stanton advising of his
resignation from the Airport
Commission, presented and read.
Buol moved that the communication be
received and filed and resignation
accepted with regret. Seconded by
Markham. Motion carried 7-0.
Request of William A_ Conzett on
behalf of Thomas Luksetich and
Steven Smith requesting vacating and
purchase of a portion of City property
along Kerper Blvd., presented and
read. Buol moved that the request be
referred to the City Manager and Staff.
Seconded by Markham. Motion carried
7-0.
City Manager recommending
approval of a consultant for the
Northern Levee (Peosta ChanneD Trail
Project, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Markham.
Motion carried 7-0.
City Manager recommending
approval of an amendment to the
Project Concern Purchase of Service
Agreement, presented and read. Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Markham.
Motion carded 7-0.
Request of Kenneth Birch to vacate
a portion of Louise Lane in Maple Leaf
Addition ~t2, presented and read. Buol
moved that the request be referred to
the City Manager and Staff. Seconded
by Markham. Motion carried 7-0.
City Manager supporting Dubuque
County's application on behalf of
Hitlcrsst Family Sepz[css for State
CDBG funding, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Markham. Motion carded 7-0.
City Manager recommending
approval of a grant agreement for
ISTEA Statewide Enhancement Funds
for the Heritage Trail Principal Route,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carded 7-0.
RESOLUTION NO~ 8~00
RESOLUTION AUTHORIZING A
GRANT AGREEMENT FOR ISTEA
STATEWIDE ENHANCEMENT
PROJECT FUNDS FOR THE
HERITAGE TRAIL PRINCIPLE
ROUTE
Whereas, the Department of
Transportation has awarded the City of
Dubuque a grant of $322,760 in ISTEA
Statewide Enhancement Project Funds
for final design, engineering and
construction of the Heritage Trail
Principal Route; and
Whereas, the City of Dubuque has
budgeted the local match of $138,326
for this project
NOW THEREFORE, BE
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor hereby is
authorized to sign a grant agreement
with the Department of Transportation
for ISTEA Statewide Enhancement
Project Funds for final design,
engineering and construction of the
Heritage Trail Principal Route.
Section 2. That the City Manger
hereby is authorized to utilize budgeted
Capital Improvement Program Funds to
~revide the local match for this project.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
City Manager submitting the 1999
Pretreatment Compliance Report for
the Westewater Pollution Control Plant,
~rasented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carried 7-0.
R Regular Session, January 17, 2000
Communication of the City Manager
to Jim Fischer U.S. Fish and Wildlife
Office. advocating the elimination of
barge fleeting m Pearl Island
presenteo and read Buol moved that
the communication De received and
filed and recommendation approveo.
Seconded by Markham. Motion carried
7-0.
City Manager recommending
adoption of Supplement #43 to the
Code of Ordinances. presenrec and
read Buol moved that the
communication be received and filed
Seconded by Markham Motion carded
RESOLUTION NO. 9-00
ADOPTING SUPPLEMENT NO. 43 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 ord qances adoated
up To and including December 19
1988; aha
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
par[ of the Code of Ordinances.
NOW THEREFORE 3E IT
RESOLVED BY THE CITY COUNCIL
OFTHEClTYOF DUBUQUE OWA:
Section 1. That Supplement No. 43
of the Code of Ordinances of the City
of Dubuque, Iowa, covering
Ordinances througn Ordinance No. 92-
99 enacted through October 18. 1999
and prepared by the Sterling Codifiers.
Inc. Weiser iD hereto filed in the Oft-ice
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
17th day of January, 200Q
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
resolution Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 20-00
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the following having compllea
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 Pacers
within said City.
~IEW
Hy-Vee # 2 r~y-Vee Inc.
4800 Asbury
Breezers Pub Com
Breezers Pub Corn 600 Central
Passed. approved and aoooteo this
17th day of January 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of zne
resolution. Seconded Dy Markham.
Motion carried 7-0.
RESOLUTION NO. 10-00
Whereas, applications for Beef
Permits have been submitted and filed
to this Council for approval and the
same nave ~een examined and
aoproved; and
Whereas the premises to be
occupied by such aaolicante were
inspected and found to comDiy 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
ap¢cants a Beer Permit
CLASS "B" BEER PERMIT
KT Restaurants Inc Godfather's Pizza
+(Sunday Sales) 1575 JFK Rd
CLASS "C" BEER PERMIT
George Waddell Jr
Iowa Potato & Produce
House+(Sunday Sale) 2600 Dodge St
Express Depot Inc.
Liouor Deoot of Dubuoue
+(Sunday Sale) 1620 JFK Rd
TBTB inc. Cedar Cross AMOCO
+(Sunday Sale) 1010 Cedar Cross
iowa Oil Company IOCO Speede
Shoppe #33+(Sunday Sale)
3200 Central Ave
Angel inv. Company
Casey General Store+(Sunday Sale)
2699 Rockdale Rd
Hy-Vee. Inc Hy-Vee #2
Reqular Session, January 17; ~00 9
+(Sunday Sale) 4800 Asbury Rd
Passed, approved and adopted this
17th day January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 11-00
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 "B'
( H OTE L/M OTF_LgI~q]EiELIQ U O R
Dubuque Inn Corp Best Western
Dubuque Inn+(Sunday Sale)
3434 Dodge St
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Breezers Pub Company
Breezers Pub Co.+(Sunday Sale)
600 Central Ave
Phillip Love
+(Sunday Sale)
Frickies~s L
Dolores Weber
+(Sunday Sale)
The Lounge
481 Locust St
A& BTap
2600 Central Ave
Ten Pin Tap
601 Rhomberg Ave
CLASS "B" WINE 0NB)
James F. Sullivan Dubuque Religious
923 Main St
Express Depot Inc.
Liquor Depot of Dubuque1620 JFK Rd
Hy-Vee Inc Hy-Vee ~
+(Sunday Sale) 4800 Asbury Rd
CLASS "E" LIQUOR
Hy-Vee, Inc. Hy-Vee ~ 2
+(Sunday Sale) 4800 Asbury Rd
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: MaryA. Davis, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
BOARDS AND COMMISSIONS:
Individuals are invited to address the
Council to express their desire to serve
on vadous Boards/Commissions
ENVIRONMENTAL STEWARDSHIP
ADVISORY COMMISSION: Applicant
- David B. Czamecki. No one spoke.
HOUSING CODE APPEALS
BOARD: Applicants - David Aithaus,
Thomas G. Swift. No one spoke.
HUMAN RIGHTS COMMISSION:
Applicants - Judith H. Giesen, Joseph
A. Hopkins, Marry O'Shea, William
Ross, Charles F. Ryan, and Katherine
V. Stevens. dudith Haley Giesen, Bill
Ross and Katherine V. Stevens spoke
requesting appointment Melissa
Hopkins spoke requesting
reappointment for her husband.
Micha[ski moved that the rules be
suspended to alkiw anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carried
7-0.
Proof of publicafion certified to by
the Publisher on Notice of Public
Hearing to reclassify property located
southeast of Seippel Road and Old
Highway Road from AG to R-1 Single
Family, presented and read. Robbins
moved that the proof of publication be
received and filed. Seconded by BuoL
Motion carried 7-0.
An Ordinance Amending the Zoning
Ordinance by reclassifying property
located southeast of Seippel Road and
Old Highway Road from AG
Agricultural District to R-1 Single
Family Residenfial District, with first
and second readings given 12J20/99,
now presented for final action.
(OFFICIAL PUBLICATION}
ORDINANCE NO. 1-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
SOUTHEAST OF SEIPPEL ROAD
AND OLD HIGHWAY ROAD FROM
AG AGRICULTURAL DISTRICT TO R-
I SINGLE-FAMILY RESIDENTIAL
DISTRICT
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
10 Regular Session, January 17, 2000
Section 1. That Appendix A (the
Zoning Ordinance) of the City of
Dubuque Code of Ordinances s
hereby amended by -eclassifying me
hereinafter described properly from
AG Agricultural Distdct to R-1 Single-
Family Residential District, to wit:
NW 1/4. Section 31, T89N, R2E, to the
contadina of the adjoining public right-
of-way, ali in the City of Dubuque,
Iowa.
Sec'flor 2. The [oregoing
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
Paaseo. approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis. C~ Clerk
Published officially in the Telegraph
Herald newspaper this 21st Day of
January, 2000.
MaryA. Davis CMC CiW. Clerk
It 1/2'
Robbins movec final consideraiton
and passage of the Ordinance.
Seconded by Buol Motion carried 7-0
Proof of ~ublication certified [o by
the Publisher on Nofice of Public
-fearing to reclassify property ocated
at 2702 Brunskill Road from R-1 [o
>ua, presen[ea anc reaD. Robbins
"noveo that the proof be received and
filed. Seconded by Nichclson. Motion
carried 7~0.
An Ordinance Amending the Zoning
Ordinance by reclassifying property
ocated at 2702 Brunskill Road from R-
1 Single Family to Planned Unit
Develooment District with e PR
Planned Residential District
Designation and Adopting an Amended
Conceptual Development Plan with
Cond~ons. for Qak Meadows
Condominiums, with first and second
readings given 12/20/99. now
presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 2-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
AT 2702 BRUNSKILL ROAD FROM
R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A
PR PLANNED RESIDENTIAL
DISTRICT DESIGNATION AND
ADOPTING AN AMENDED
CONCEPTUAL DEVELOPMENT
PLAN WITH CONDITIONS, FOR OAK
MEADOWS CONDOMINIUMS.
NOW. THEREFORE, BE IT
ORDAINED ~Y THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1 Appendix A (the Zoning
Ordinance) of the City of Dubueue
Code of Ordinances is hereby
amended by reclassifying the
hereinafter described property from R~I
Single-Family Residential District to
PUD Planned Unit Deve[opmen[
District with a PR Planned Residentia
designation and adopting an amended
conceptual develoamen[ plan a copy
of which is attached to and made a par[
hereof, for Oak Meadows
Condominiums as stated below, to
Lot2ofM.L 222. Lot2 of M.L 223 Lot
2 of Block 1 Lot I thru4 and LotA
Block 2 of Oak Meadow 2nd Addition,
and to the center line of the adjoining
public right-of-way, all in the City of
Dubuque, lows.
Section 2. Pursuant to Iowa Code
Section 414.5 (1993), and as ar
express condition of the
reclassification the undersigned
properly owner agrees to the following
conditions, all of which the property
owners fur[her agrees are reasonable
and imposed to satisfy the public needs
that are caused directly Dy the zoning
reclassification:
A. Use Regulations.
The following regulations shall apply to
ali uses ~nade of land in the above
described PUD Distdcfi
1. Principal permitted uses shall be
limited to:
a) 42 condominium units
2. Accessory uses shall include any
use customarily incidental and
subordinate to the principal use it
serves.
B. Lot and Bulk Regulations.
Development of land in the PUD
Distdct shall be regulated as fallows:
1. All multi-family residential
structures in the Planned Residential
development shall be constructed
substantial compliance with the
Reqular Session~ January 17, 2001)
11
attached conceptual plan.
2. AJI buildings and structures shall
provide a front yard setback from
Brunskili Road of twenty (20) feet.
C. Performance Standards
The development and maintenance of
uses in this PUD District shall be
established in conformance with
Section 3-5.5 of the Zoning Ordinance
and the following standards:
1. The phasing of the development
shall occur as described on the
attached Conceptual Development
Plan, with all site improvements to be
completed for each phase.
2. A private street meeting City
Engineedng spec.~cations is to be
constructed by the developer. A "hold
harmless' agreement between the City
and the property owners association
shall be provided for damages rssu~ng
from solid waste collection and routine
or emergency maintenance of City
utility systems.
3. That a minimum of 150 feet
separation be provided between
Deerwocd Circle's south access with
Brunskill Road and the Mulgrew
property ddveway access.
4.. Recreational facilities as shown
and noted on the attached Conceptual
Development Plan shall be completed
by the end of the 2000 construction
5. Sidewalks as shown and noted
on the attached Conceptual
Development Plan shall be completed
bythe end of 2000 construction season
from Brunskill Road to the last
constructed unit
6. Street lighting as shown end
noted on the attached Conceptual
Development Plan shsil be completed
as each phase of the street is
constructed.
7. Landscaping as noted on the
attached Conceptual Development
P[an shall be installed around each
two-unit complex when that complex is
completed.
8. Two parking spaces per dwelling
unit shall be provided. Additional open
lot spaces shall be provided as shown
on the attached Conceptua[
Development Plan in lieu of curbside
parking.
9, Storm vcater detention shall be
provided as per City Engineedng
requirements.
10, Ail utilities, including telephone
and cable television, shall be installed
underground.
11. A final site development plan
shall be submitted in accordance with
Section 44 of the Zoning Ordinance of
the City of Dubuque, iowa.
12. A Property Owners Association
shall be established.
D. - eden Soace and Recreational
Areas
Open space and landscaping in the
PUD Distdct shall be regulated as
I follows:
1. Those areas not designated on the
conceptual ptan for development shsi~
be maintained as open space, as
defined by Section 8 of the Zoning
Ordinance, by the property owner
and/or association.
E. Sic~n Re0ulations.
Signs in the PUD District shsil be
reguleted as followa:
1. Signs shall be allowed in the
Planned Residential development in
accordance with the R-4 Mule-Family
Residential District sign regulations of
the Zoning Ordinance.
F, Transfer of Ownershi?
Transfer of ownership or lease of
property in this PUD District shall
include in the transfer or lease
agreement a provision that the
purchaser or lessee acknowledges
awareness of the cond~ons
authorizing the establishment of the
DistricL
G. Reclassification of Subiect Procerb/,
The C~ of Dubuque, Iowa, may initiate
zoning reclassification proceedings to
the R-1 Single-Family Residential
District in accordance with Section 6 of
the Zoning Ordinance if the property
owners fail to complete or maintain any
of the conditions of this ordinance.
H. Modifications.
Any modifications of this Qrdinance
must be approved by the City Council
in accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance.
~ Recording.
copy of this ordinance shall be
recorded atthe expense of the property
owners with the Dubuque County
Recorder as a permanent record of the
conditions accepted as part of this
reclassification approval within ten (10)
days after the adoption of this
ordinance. This ordinance shall be
binding upon the undersigned and
his/her heirs, successors and assigns.
Section 3. The foregoing
12 Regular Session, January 17, 2000
amendment nas heretofore been
reviewed by the Zoning Commission of
the City of Dubuque owa.
Sectior 4. The foregoing
amendment sha[I take effect upon
publication, as provided by ~aw, and at
such time that the herein described
property is legally annexed into the City
of Dubuque, ~owa.
Passed, aooroved and adopted this
17th aayof January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE
NO. 2-00
We, Robert and Mary Lou Mulgrew,
and James Stock. property owners,
having read the terms and conditions of
the foregoing Ordinance No. 2-00 and
being familiar with the conditions
thereof hereby accept the same ane
agree ro the conditions required
therein.
Dated this 17th day of January,
2000.
By: Is/Robert Mulgrew
By:./s/Mary Lou Mulgew
By/si James Stock
Published officially in the Telegraph
Hera/d newspaper this 28th day of
January, 2000.
Mary A. Davis CMC, City Clark
It 1/'28
Robbins moved final consideration
aha passage of the Ordinance
Seconded by Nicholson. Motion
carded 7-0.
Proof of publication certified to by
the Publisher or Notice of Public
Headng of the City's subordination of a
mortgage interest in certain real estate
oresented and read Buol moved that
the proofs be received and filed
Seconded by Michalski. Motion carried
7'-0.
RESOLUTION NO. 12~00
RESOLUTION AUTHORIZING A
SUBORDINATION AGREEMENT IN
REGARD TO A MORTGAGE
INTEREST IN CITY LOT 29, CITY LOT
30 AND SOUTH 1/3 OF CITY LOT 31
IN ORIGINAL TOWN, CITY OF
DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas. pursuant to Resolution
and published notice of time and place
of hearing, the City Council of the
of Dubuque. iowa. met on January 17,
2000, to consider the proposa! to
dispose of interest in certain real estate
by executing a Subordination
Agreement for a Real Estate Mortgage
filed November 16. 1998. as Instrument
No. 18110-98 as to [he following
described real estate:
City Lot 29. City Lot 30 and the South
1/3 of City Lot 31 in Original Town, City
of Dubuque, Dubuque County, Iowa:
aha
Whereas, the City Council overruled
any and all objections, oral or wdtten.
to dispose of interests of the City of
Dubuque, iowa, in the hereinabove rea[
NOW. THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE iOWA:
Section 1. That the Subordination
Agreement attached hereto is hereby
approved and the Mayor and City Clerk
are hereby authorized ana d~rectea to
execute said Subordination Agreement
on behaff of the City of Dubuque Iowa.
Section 2. That the City Clerk is
hereby authorized ana directed to
deliver the executed Subordination
Agreement and a ceCdtied copy of this
Resolution to the Iowa Department of
Economic Development.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoptiol~ of the
resolution. Seconded Dy Michalski.
Motion carded 7-C.
Proof of publication certified to by
[he Publisher on Notice of Public
Hearing to lease space on the City
water tank site at 4136 Pennsylvania
Avenue to Nextel Corn to suppor~ a
wireless telecommunication antenna
facility, presented and reaa. Markham
moved that the communication be
received and tiled. Seconded By
Robbins. Motion carried 7-0.
RESOLUTION NO. 13-00
A RESOLUTION OF THE CITY OF
DUBUQUE APPROVING OF A LEASE
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND NEXTEL WIP LEASE
CARP. FOR THE INSTALLATION
AND OPERATION OF A WIRELESS
TELECOMMUNICATION ANTENNA
FACILITY
Whereas. the City Council of the City
of Dubueue Iowa encourages the
expansion of wireless
Reqular Session, January 17, 2D00 13
telecommunication services to its
citizens, businesses, and institutions,
while at the same time minimizing
safety and aesthetic concerns posed
by the construction of new towers and
monopoles in [esidential areas, and
Whereas, Nextal WIP Lease Corp. is
the holder of a current Federal
Communications Commission license
to provide cer[ain wire[ess
telecommunicafion seMces for sale
and around the City of Dubuque, and
Whereas, Nextel WIP Lease Corp.
desires to expand ~s signal coverage
area and enhance the quality and
capac~ of its technical infrastructure
by installing and operating a wireless
telecommunicafion antenna facility on
or near a water storage tank owned by
the City of Dubuque, identified as site
W~5, and located at 4136 Pennsylvania
Avenue in Dubuque, and
Whereas, the City of Dubuque
desires to lease to Nextel WIP Lease
Corp. certain space on top of the site
W-5 water tank, along with adjacent
ground space, for the purpose of
installation and operafion of a wireless
telecommunication facility, and
Whereas, representafives of Nextel
WlP Lease Corp. and of the City of
Dubuque have negotiated terms for
such a lease, a copy of which is
attached hereto, which the City Council
finds beneficial to the community.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the attached lease is
hereby approved and the City Manager
is authorized to sign and administer
this lease on behalf of the City of
Dubuque, provided that the lease is
amended to include a provision
permitting the City to direct Nextel to
de-energize the transmitter(s) within a
reasonable period of time after notice
from the City to accommodate
maintenance and repair of the water
tank by City employees or
subcontractors,
Passed, approved and adopted this
17th day of January, 2000.
Torrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Markham moved adoption of the
Resolution. Seconded by Robbins.
Motion carried
Proofs of publication certified to by
tile Publisher on Notice of Headng on
Plans and Specs and Notice to Bidders
on the Receipt of Bids for
Reconstruction of the Elm Street
Sanitary Sewer and City Manager
recommending to award contract for
project, presented and read. Michalski
moved that the proofs and
communication be received and filed.
Seconded by Robbins. Motion carried
7~0.
RESOLUTION NO. 14-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 15th day of
December, 1999, plans, specifications,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the Elm Street
Sanitary Sewer Reconstruction Project.
Whereas, notice of hearing on plans,
specificaticns, form of contract, and
esfimated 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, adopted and approved this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest MaryA. Davis, City Clerk
Michalski moved adopdon of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 15-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Elm Street Sanitary Sewer
Reconstruction Project pursuant to
Resolution No. 683-99 and notice to
bidders published in a newspaper
)ublished in the City of Dubuque, Iowa
on the 28th day of December, 1999.
Whereas, said sealed proposals
were opened and read on the 11th day
of January, 2000, and it has been
determined that the bid of Drew Cook &
Sons Excavating, Inc. of Dubuque,
Iowa, in the amount of $91,459.76 was
the lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
Regular Session, January 17, 2000
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 Drew
Cook & Sons Excavating, Inc. an<] the
Manager be and is hereby directed [o
execute a contract on behalf of the City
of Dubuque for the complete
2erformance of the work
BE IT FURTHER RESOLVED:
That upon the slgmng of said
contract and the approval of the
contractor's bond, the City Treasurer is
authorized an(] instructed to re[urn me
bid deposits of the unsuccessfu
bidders.
Passed. approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest Mary A. Davis, City Clerk
Michalski moved aooption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
Robbins 'noved that the 'u~e be
reinstated limiting the discussion to the
Council Seconded by Nichoison.
Motion carried 7-0.
City Manager recommending
approval of the final design conceet for
Main Street from Fifth Street to Ninth
Street Correspondence from property
owners and business owners on Main
Streel requesting that Main Street be
opened to traffic from 9th to 5th.
without parking; Monica Hoefer
requesfing not to disrupt the Town
Clock Plaza, presentec ano rea(].
Robbins moved that Ihe
communications be received and filed.
Seconded by Markham. Motion carried
7-0.
John Butler of Cottingham and Butle-
spoke requesting that Main Street be
opened to mo way traffic with ~o
parking. Dick Hartig of Hartig Drug
Co., spoke of the petitions presentea
and majority of businesses reauesting
to open Main St. from =iffh to Ninth.
Linda Herbsi of Herbst Upholstery
spoke stating that as a small business
at the end of Mafn St. she was never
invited to any planning session. Rick
Dickinson on behaff of CIGNA spoke
requesting to proceed with the design
as presented and to improve amenities
in the downtown plaza.
Nicholson moved to table action on
this ma~[er. Secondec oy Cline.
Carried Dy the following vote Buol
Cline. Duggan, Michalski Nicholson.
Nays--Robbias, Markham.
City Manager recommending
approval of fina plat for Woodland
Ridge Subdivisio~ No 2, presented
and teac. Robbins moveo that the
communication De received and filed.
Seconded by Nicholsor.. Motion
carried 7-0.
RESOLUTION NO. 1 $-00
A RESOLUTION APPROVING THE
FINAL PLAT OF WOODLAND RIDGE
SUBDIVISION NO. 2 IN THE CITY OF
DUBUQUE, IOWA
Whereas. there nas beer filed with
the City Clerk a final plat of Woodland
Ridge Subdivision No. 2 in the CAy of
Dubuque, iowa: ano
Whereas. upon said fina plat appear
certain public utility, sanitary and storm
and water main easements, which tne
owners by said final plat have
dedicated to the public forever; ano
Whereas the preliminary plat qas
been examined by the Zoning Advisory
Commission and has its approval
endorsed thereon; and
Whereas, said final peat has oeen
reviewed by the City Planner and had
her approval endomed thereon, subject
to the owner agreeing to the conditions
noted in Section 2 below: and
Whereas, the street, sanitary sewer.
storm sewer and water main have been
constructed and/or bonded for as ear
of Woodland Ridge Subdivision.,
approveo by Resolution No. 232-98:
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.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the dedications of
easements for eublic utilities, sanitary
sewer, storm sewer ano water mains
as they appear upon said fins plat, be
and the same are hereby accepted:
and
Section 2. That the plat of Woodland
Ridge Subdivision No. 2 is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of me City of
Dubuque, Iowa, upon said final 3lat.
Reqular Session~ January 17~ 2000
15
provided the owners of said property
herein named, executed their written
acceptance hereto attached; and
Section 3. Sidewalk insfaIlafion shell
be the responeib~ity of the owner of the
property 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 to all successors, heirs
and aesignees. 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 percent of the lots
approved by the plat have been
developed. Ail vacant ~ots shall have
sidewalks installed upon development
of 80 percent of the lots by the plat.
Section 4. That maintenance
expenses incurred by the City of
Dubuque for the storm water detention
facility (Lot 6) Woodland Ridge
Subdivision shall be assessed against
Lots 1 through 15 of Woodland Ridge
Subdivision No. 2 and Lots 1, 2, 3, 4
and 20 of Woodland Ridge SubdMsion
in equal amounts, and the City
Manager shall certify such costs to the
City Clerk, who in turn shell promptly
cert~ such costs to the County
Treasurer, and such costs shall then be
collected with and in the same manner
as general property taxes in
accordance with provisions of [aw.
Section 5. That in the event
Turnberry, LLC shall fail to execute the
acceptance 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
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
ACCEPTANCE OF
RESOLUTION NO. 16-00
We, the undersigned, Michael
Steele, President, and Mark Meio, Vice
President, representing Turnberry,
LLC, having read the terms and
conditions of the Resolution No, 16-00,
and being familiar With the conditions
thereof, hereby accept this same and
agree to the conditions required
therein.
Dated in Dubuque, Iowa this 17th
day cf January, 2000.
By: Is~ Michael Steele, President
Tumberry, LLC
By:./s/Mark Molo, Vice President
Turnberry, LLC
Robbins moved adoption of the
reseiu'don. Seconded by Nicholson.
Motion carried 7-0.
i City Manager recommending to
rename a portion of Cottingham Road
to Seippei Road, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance changing the street
name of the north 1,300 feet of
Cottingham Road to Selppel Road,
~resented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 3-00
AN ORDINANCE CHANGING THE
STREET NAME OF THE NORTH
1,300 FEET OF COTTINGHAM ROAD
. TO SEIPPEL ROAD
Whereas, the City of Dubuque City
Council has approved widening,
repaying, reconfiguration and extension
of Seippel Road from Old Highway
Road to the new Cottingham Road
intersection all in the City of Dubuque,
Iowa; and
Whereas, City and County staff
recommend that the street name be
changed for consistency; and
Whereas, the City Council desires to
!change the above described north
1,300 feet of Cottingham Road to
Seippel Road.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IQWA:
Section 1. That the north 1,300 feet
cf Cottingham Road be renamed to
Selppel Read as shown on Exhibits 1
and2.
Section 2. That the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon such
changing of street names and to file
notice of the change with the County
Recorder, County Auditor and City
Assessor of Dubuque, Iowa.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day of
16 Regular Session, January 17, 2000
January, 2000.
Mary A. Davis CMC, City Clerk
It 1/21
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager recommending to
rename a portion of Oak Street to Oak
Court, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Changing the street
name of the east 485 feet of Oak Street
to Oak Court, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 4-00
AN ORDINANCE CHANGING THE
STREET NAME OF THE EAST 485
FEET OF OAK STREET TO OAK
COURT
Whereas, the City of Dubuque City
Council has approved the request of
residents of 486 and 491 Qak Street to
change the street name of the east 485
feet of Oak Street to Oak Court, all in
the City of Dubuque, Iowa; and
Whereas, City and County staff have
reviewed the request and recommend
that the street name be changed; and
Whereas, the City Council desires to
change the east 485 feet of Oak Street
from the eastedy right-of-way line of
Union Street extended northerly to the
northerly r~ght-of-way of Oak Street
eastedy to the east terminus of Oak
Street in accordance with the odginal
plat of"Union Addition", Dubuque Iowa,
recorded in Deed Record Book "R"
pages 100 and '101, to Oak Court.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the east 485 feet of
Oak Street from the eastedy right-of-
way line of Union Street extended
northerly to the northerly right-of-way of
Oak Street easterly to the east
terminus of Oak Street in accordance
with the odginal plat of "Union
Addition", Dubuque iowa, recorded in
Deed Record Book "R" pages 100 and
101~ be renamed to Oak Court as
shown on Exhibit t.
Section 2, That the Mayor and City
Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon such
changing of street names and to file
notice of the change with the County
Recorder, County Auditor and City
Assessor of Dubuque, Iowa.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pdor to the
meeting at which it is to be finally
passed be suspended and fur[her
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
City Manager submitting ordinance
providing for amendment to Chapter 26
Housing Reguletion, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Michalski. Motion carded
7-0.
An Ordinance Amending Chapter 26
of the Code of Ordinances relating to
maintenance responsibilities of
occupants for storage and disposal of
garbage and adopting in lieu thereof a
new Se~on 26-3(b)(2)c. relating to
responsibilities for storage and
disposal of garbage; and adopting in
lieu thereof a new Section 26-100)(3)5.
relating to exterior painted surfaces,
)resented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 5-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 26,
HOUSING REGULATIONS, BY:
REPEALING SECTION 26-3(B)(2)C,
RELATING TO MAINTENANCE
RESPONSIBILITIES OF OCCUPANTS
FOR STORAGE AND DISPOSAL OF
GARBAGE AND ADOPTING IN LIEU
THEREOF A NEW SECTION 26-
3(B)(2)C. RELATING TO
RESPONSIBILITIES FOR STORAGE
AND DISPOSAL OF GARBAGE;
REPEALING SECTION 26-10(J)(3)B.
RELATING TO EXTERIOR PAINTED
Regular Session~ January 17; 2000
17
SURFACES AND ADOPTING IN LIEU
THEREOF A NEW SECTION 26-
10(J)(3)B. RELATING TO EXTERIOR
PAINTED SURFACES.
Now, therefore, be it ordained by the
City Council of the City of Dubuque,
Iowa:
Section 1. Section 26-3(b)(2)¢. of
the City of Dubuque Code of
Ordinances is hereby repealed, and the
following new Section 26-3(b)(2)c. is
hereby adapted in lieu thereof:
c. Storage and disposal of garbage.
Every occupant of a dwelling shall
dispose of rubbish, garbage, animal
waste and other organic waste in a
clean and sanitary manner by placing it
in the supplied disposal facilities or
storage containers required by this
Code or by having it removed from the
premises.
Containers shall not be stored in a
front yard area or on the front porch of
the dwelling, unless the Housing
O~cial determines that it is impractical
to provide an alternate storage
location.
Section 2. Section 26-10(j)(3)b. of
the City of Dubuque Code of
Ordinances is hereby repealed, and the
following new Section 26-10(j)(3)b. is
hereby adopted in lieu thereof:
All exterior painted surfaces shall be
free from loose, flaking or peeling paint,
where surfaces are determined ts have
lead-based paint. Surfaces without
lead-based paint do not have to be
scraped if the total area of defective
paint is:
1. [ess than 10 square feet on an
exterior wall or less than 2 square feet
on any other exterior building
component with a large surface area;
or
2. less than ten percent (10%) of the
total surface area on any exterior
component with a small surface area.
Repainting will be required only
when the total area of defective paint
is:
1. more than 10 square feet on an
exterior wall or more than 2 square feet
on any other exterior building
component with a large surface area;
or
2. more than ten percent (10%) of
the total surface area on any extedor
component with a small surface area.
Section 3. This ordinance shall take
effect immediately upon publication.
Passed, approved and adopted this
17 day of January, 2000.
Terrance M Duggan, Mayor
Mary A Davis City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day of
January, 2000.
Mary A_ Davis CMC, City Clerk
It 1/21
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 tinally
3aesed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Micha[ski. Motion carried 7-0.
APPOINTMENT of City's designees
to DRA Board of Directors for calendar
year 2000 (currently Mayor Terry
Duggan, Council Members Roy Buol
and John Markham, and City Manager
Michael C. Van Milligen). Michalski
moved to have the designees for the
DRA Board stay as is. Seconded by
Nicholson. Motion carried 7-0.
Mayor and City Council
appointments to various Boards and
Commissions, Michalski moved to have
Council Member Pat Cline take over
the seats formerly held by Council
Member Voetberg, except that the
representative to the Sister City
Committee be Council Member
Markham. Seconded by Nicho[son.
Motion carried 7-0.
An Ordinance Amending Code of
Ordinances Chapter 34, by adding to
Article IV, Specific Parks, a new
Section 34-132 to include John G.
Bergfeld Recreation Area, with first
reading on 12/6/99 and second
reading 12/20/99 now presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 6-00
AN ORDINANCE AMENDING
CHAPTER 34, PARKS AND
RECREATION, OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY ADDING TO ARTICLE IV,
SPECIFIC PARKS, A NEW SECTION
34-132, JOHN G. BERGFELD
RECREATION AREA
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
[8 Regular Session, January 17, 2000
Section I Chapter 34 of the City of
Dubuque Code of Ordinances is
hereby amended by adding thereto the
following new section:
Sec. 34-132. John G. Bergfeld
:~ecreation Area:
The following described parcel of
'eal estate is and shall be used for
9ublic park purposes and shall be
continued to be ~:nown, caJled and
~amed as "John G~ Bergfeld
:~ecreation Area" and placed under the
.urisdiction of the Parks and Recreation
Advisory Commission:
Area surrounding the two ponds on
the east and west sides of Seippel
Road at the Dubuaue Industrial Center
West
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day of
January, 2000.
~lary A. Davis CMC, City Clerk
It 1/21
Buol moved final consideration and
passage of the Ordinance. Seconded
ny Nicholson. Carried by the following
vote: Yeas-Buol, Cline, Markham,
Nicholson. Robbins. Nays- Duggan,
Michalski.
An Ordinance Amending Section 34-
54 of Code of Ordinances prohibiting
dogs, cats anc~ orner domestic animals
- ~arks, however, does not apply to
Miller-Riverview Park, Granger Creek
Nature Trail and John G. Bergfeld
Recreation Area, with first reading on
12/6/99 and second reading 12/~0/99,
now presented for final action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 7-00
AN ORDINANCE AMENDING
SECTION 34-54 OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
PROHIBITING DOGS, CATS AND
OTHER DOMESTIC ANIMALS IN
PARKS
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 34-54 of the City of
Dubuoue Code ef Ordinances is
hereby amended to read as follows:
Sec. 34-54. Dogs, Cats, and Other
Domestic Animals:
No person shall be permitted to bring
into any park, any dog, cat or other
domestic animal, nor shall any person
permit such dog, cat or other domestic
animals to run at large in any park:
Any unattended animal shall be
impounded and its owner may redeem
the same upon paying the reasonable
costs of such impoundment.
Notwithstanding the foregoing,
leased dogs and cats shall be
permitted in the fo[lowing:
Miller-Riverview Park
Granger Creek Nature Trail
John G. Bergfeld Recreation Area
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved final consideration and
passage of the Ordinance. Seconded
by Nicholson. Carded by the following
vote: Yeas-Buol, Cline, Markham,
Nicholson, Robbins. Nays-- Duggan,
MichaiskL
City Manager recommending
approval for proposed management
practices for sanitary sewer
maintenance near Catfish Creek,
presented and read. Robbins moved
that the communication be received
and filed and recommendation
approved~ Seconded by Buol. Motion
carded 7-0.
City Manager presented the Fiscal
Year 2001 Operating Budget and
Fiscal Year 2001-2005 Capital
Improvement Budget.
Zoning Advisory Commission
advising of their approval to rezone
property located in the 2000 block of
Radford Road from AG to R-1 Single
Family as requested by Don Bycreft
and Joseph Siegert, presented and
read. Michalski moved that the
communication be received and filed~
Seconded by Robbine. Motion carried
7-0.
An Ordinance Amending the Zoning
Ordinance by reclassifying property
located in the 2000 Block of Radford
Road from AG Agricultural Distdct to R-
1 Single Family Residenfial District,
presented and read. Micha[ski moved
Reqular Session, January 17~ 2000
that the requirement that a proposed
Ordinance be considered and voted on
for passage at two Council meetings
pdor to the Council meeting at which it
is to be finally adopted be suspended
and further moved that a Public
Headng be held on the proposed
Ordinance on the 7th day of February
at 6:30 P.M. in the Public Library
Auditorium and that the C~ Clerk
publish notice in the manner prescribed
by law. Seconded by Robbins. Motion
carded 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property leeated at 2239-2241 Central
Avenue from R-2A Alternate Two-
Family Residential to C-4 Downtown
Commercial, as requested by Richard
and Brenda Hartig, presented and
read. Buo! moved that the
communica~on be rece'rved and filed.
Seconded by Markham. Motion carded
7-0.
An Ordinance Amending the Zoning
Ordinance by reclassifying property
located at 2239-2241 Central Avenue
from R-2A AJtemate Two-Family
Residential District to C-4 Downtown
Commercial District, presented and
read. Buol moved thst the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council meetings pdor to the
Council mee~ng at which it is to be
finally adopted be suspended and
further moved that a Public Hearing be
held on the proposed Ordinance on the
7th day of February 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
Markham. Motion carried 7-0.
City Manager submitting documents
providing for installation of an elevator
at the Locust Street Parking Ramp,
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 17-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed plans,
specifications, form of contract and
estimated cost for the Installation of a
new Elevator in the Locust Street
Ramp, in the estimated amount of
$83,325.00 are hereby approved and
ordered filed in the office of the City
Clerk, for public inspection.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adop~on of the
Resolution. Seconded by Nicholeen.
Motion carried 7-0.
RESOLUTION NO, 18-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for the public
inspection of the Installation of a new
Elevator in the Locust Street Ramp.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 7th day of February, 2000,
a public hearing will be held at 6:30
P.M. in the Public Library Auditorium,
at which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and Is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general cimulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolu~on. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 19-00
ORDERING BIDS
NOW, THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
20 Regular Session, January 17, 2000
OF THE CITY OF DUBUQUE, IOWA:
That the installation of a new
Elevator at the Locust Street Ramp is
hereby ordered to be advertised far
bids.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby
directed to advertise for bids for the
purchase of materials herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa which notice shall not
be less than four days nor more than
twenty r~ays pdor to the receipt of said
bids au 2:00 p.m. on the 1st day of
February 2000. Bids shall be opened
and read by the City Clerk at said time
and will be submitted to the Council for
final action at 6:30 p.m. on the 7th day
of February, 2000.
Passed, approved and adopted this
17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson
Vlotion carried 7-0.
Approved ~ ~ ,2000
Adopted
Council Members
Attest~:f
~[¢~ Clerk
At 9:00 P.M. Buol moved to go into
Closed Session (c) To discuss strategy
with counsel in matters where litigation
is imminent and its disclosure wou~d be
likely To prejudice or disadvantage the
position of the governmental Doey in
this litigation and (j) To discuss the
purchase of particular real estate
where premature disclosure could be
reasonably expectec to ~ncrease the
price ~ne governmental body would
have to pay for that property.
Seconded by Nichoison. MoUon
carded 7-0.
At 9:30 P.M. Council reconvened
Regular Session stating Staff had been
given direction.
There being no further business,
Buo moved To adjourn the meeting.
Seconded Dy Nicho]son. Motion
carried 7-0. The meeting adjoumeo au
9:31 P.M
t, la~ A. Davis CMC
City Clerk