2000 March Council ProceedingsRegular Session, March 6, 2000
67
DUBUQUE
CITY COUNCIL
OFFIC~L
PROCEEDINGS
City Council, Regular Session,
March 6, 2000
Council met at 6:30 P.M., Public
Ubrary Auditorium
Present Mayor Duggan, Council
Members Buol, Cline, Markham,
Michaiski, 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.
Invocafion was given by Pastor
Woody Allabough of the Third
Presbyterian Church.
PROCLAMATIONS: "Mental
Retardation Awareness Month"
received by Kay Sendt of ARC of
Dubuque; and "Toastmasters Month"
received by Bob Eager and Ken
Snodgrsss,
MINUTES SUBMFCi'ED: Citizens
with Disabilities Parking Review
Committee of 1/26; Civil Service
Commission of 2/16; Cable TV
Regulatory Commission of 2/9; Five
Flags Commission of 12.]20/99; Histodc
Preservation Commission of 2]3;
Housing Code Appears Board of
11/16/99; Housing Commission of 2/8;
Human Rights Commission of 1/t0;
Library Board of Trustees of 12/15/99,
presented and read. Buol moved that
the minutes be received and filed.
Seconded by Nicholson. Motion
carded 7-0,
Proof of Publication for City Council
Meeting of February 7, 2000, presented
and read. Buol moved that the proof
be received and filed. Seconded by
Nichoison. Motion carded 7-0.
NOTICES OF CLAIMS/SUITS:
Virginia Becker in estimated amount of
$155.08 for personal injuries; D. Ron
McClain in estimated amount of
$609.27 for vehicle damage; Theresa
A. Pierce in estimated amount of
$1,000 for personal injuries; Dan Kruse
Pontiac in the ssiJmated amount of
$1,500 for damages in connection with
the allegedly improper towing of and
damages to an abandoned car on
which Kruse was the lienholder; River
City Paving Division of Mathy
Construction Company in the amount
of $8,831.41 for labor and matadals
provided on City project presented and
read. Buol moved that the claims and
I su~ be referred to the Legal Staff for
invesfigation and report Seconded by
Nkihoison. Motion carded 7-0.
corporation counsel recommending
set*dement of property damage claim Of
Robert E. Anderson in the amount of
$207, and Finance Director to issue
check, presented and read~ Buol
moved that the communication be
received and filed and settlement
recommendation approved. Seconded
by Nicholson. Motion carded 7-0.
Communication of Nathan R. and
Nico!e D. Baker presenting petition to
raise the speed limit on Pennsylvania
Avenue from John F. Kennedy Road to
University Avenue from 25 miles per
hour to 35 miles per hour and to
change the lane markings, presented
and read. Michalski moved that this be
referred to the City Manager.
Seconded by Nichoison. Motion
carded 7-0.
Communication of Building Services
I Ma~ager Rich Russe advising of
resignation of Tim Pancralz from the
J Building Code Board of Appeals,
presented and read. Buol moved that
the communication be received and
I filed and resignation accepted with
regret. Seconded by Nicholson.
I Motion carried 7-0.
Communica'don of Dubuque Main
Street, Ltd., requesting an official
evaluation and re-visitation of the 1994
Reinvestment Strategy and the 1996
Place Marketing Strategy for the
Histodc Old Main District, presented
and read. Buol moved that the
communication be received and filed
and referred to the City Manager.
Seconded by Nicholson. Motion
carded 7-0.
Communication of Joe Link,
Dubuque Community School District,
thanking the City for support of the
Prescott School playground equipment
and improvements project, presented
and read. Buol moved that the
68
Regular Session, March 6, 2000
communication be received and tiled.
Seconded by Nicho]son. Motion
carried 7-0.
- Communication of Jim Stock, Jim
Stock Construction Co:, regarding Oak
Meadows II (Deerwood Circle)
improvements, presented and read.
Buol moved that the communication be
received and tiled and referred to the
City Manager. Seconded by Nicho[son.
Motion carried 7-0.
City Manager recommending
adoption of two resolutions relating to
the recent closing on land for the Eagle
Window and Door Company project,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicho[son. Motion
carded 7-0
RESOLUTION NO. 68-00
RATIFYING THE EXECUTION AND
DELIVERY OF A DEED TO CERTAIN
REAL PROPERTY IN DUBUQUE
COUNTY, IOWA TO OTTO A, LLC
WHEREAS, Resolution No. 82-99.
adopted on February 15, 1999,
approved the Development Agreement
providing [or the dispeaitior of the
following described real property in
Dubuque County, Iowa:
Lot 3 of Kerper Industrial Park in the
City of Dubuque, Dubuque County,
Iowa according to the recorded plat
thereof; and
WHEREAS pursuant to said
resolution, a Specia Warranty Deed
was executed by the Mayor and City
Clerk on February 14 2000, and
delivered to Otto A. LLC on February
15. 2000.
~OW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA,
AS FOLLOWS:
1. The execution and delivery of the
above-descdbed deed is hereby
ratified.
2. The C~ Clerk is hereby directed
to record a copy of this resolution with
the Dubuque County Recorder
Passed approved and adooted 1~is
6'" day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
i~uol moved armDtior of the
resolution. Seconded by Nicholson.
Motion carded 7-0
RESOLUTION NO. 69~00
ACCEPTING THE DEED TO CERTAIN
REAL ESTATE IN DUBUQUE
COUNTY, IOWA FROM JOHN P.
MIHALAKIS AND RICHARD L.
BILLMEYER
WHEREAS, the City of Dubuque on
February 15, 1999, entered into an
Agreement for the Exchange of Land
with John P. MihalakJs and Richard b
Billmeyer for the purchase of the
following described real property in
Dubuque County, Iowa:
Lot 3 of Kerper Industrial Park in the
City of Dubuque, Iowa, according to the
recorded plat thereof, subject only to
easements, resthctions, conditions and
covenants of record; and
WHEREAS, the terms of the
Agreement have now been met.
NOW, THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE IOWA,
AS FOLLOWS:
1. The City of Dubuaue hereby
accap[s the Deed from John P.
Mihalakis and Richard L. Bil[meyer. a
copy of which is attached hereto.
2. The City Clerk is hereby
authorized and directed to record this
Resolution with the Dubuque County
Recorder.
Passed approved and adopted this
6~ day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of an Assumption Agreemen[
for property located au 101-123 Main
Street. presented and read. Buol
moved that the communication be
received and tiled. Secondec by
Nicholson. Motion carded 7-0
RESOLUTION NO. 70-00
A RESOLUTION APPROVING AN
ASSUMPTION AGREEMENT FOR
PROPERTY LOCATED AT 101-123
MAIN STREET.
Whereas, the City of Dubuque, Iowa,
provided a Commercial/Industrial
Building Rehabilitation Loan to William
Hos and Sidney Wallace on May 7.
1996 for the exterior rehabilitation of
proper~y located at 101-123 ~lain
Street: and
Whereas. the City of Dubuque
approved Sidney and Colleen Wallace
[o assume the mortgage ano
promissory note liab~ity on February
15, 1999 by Resdiution 65-99: and
Whereas. Sidney and Colleen
Wallace are proposing to sell the
property to Anthony Kemp and William
Regular session, MarCh ~; ~b~0 69
Barrick; and
Whereas, Sidney and Colleen
Wallace have asked the City to transfer
their liability for the mortgage and
promissory note liability associated with
said property to Anthony Kemp and
William Barrick; and
Whereas, the Assumption
Agreement, hereto attached and by this
reference made a part hereof, sets
forth the terms and condi~ons of the
agreement.
NOWi THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Assumption
Agreement is hereby accepted and
approved.
Section 2. That the Mayor is hereby
authorized to execute, on behalf of the
City Council of the City of Dubuque,
Iowa, the attached Assumption
Agreement.
Passed, approved and adopted this
6t~ day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carded 7-0.
City Manager recommending
approval of a lease amendment with
Flynn Ready-Mix Co., which extends
their occupancy to September, 2001,
presented and read. Bucl moved that
the communication be received and
filed and recommendation approved.
Seconded by Nichoison. Motion
carded 7-0.
City Manager recommending
acceptance of Bunker Hill Golf Course
Wsstewater Pump Station and Force
Main project, presented and read. Buo[
moved that the communication be
received and filed. Seconded by
Nichoison. Motion carried 7-0.
RESOLUTION NO. 71-00
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
BUNKER HILL GOLF COURSE
WASTEWATER PUMP STATION AND
FORCE MAIN PROJECT has been
completed and the City Manager has
examined the work and filed his
cedJficata 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
~mprovement 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
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO, 72-00
FINAL ESTIMATE
WHEREAS, the contract for the
BUNKER HILL GOLF COURSE
WASTEVVATER PUMP STATION AND
FORCE MAIN PROJECT has been
completed and the Engineer has
submitted his final estimate showing
the cost thereof including the cost of
sstJmatas, notices and inspection and
ali 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 $39,534.94 and the said amount
shall be paid from the General Fund of
the City of Dubuque, Iowa.
Passed, approved and adopted this
6th day of March, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
March 1, 2000
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of
the 1999 Code of Iowa, an examination
for the position of Engineering
Assistant II was given. This exam Was
evaluated by City staff and final scoring
approved.
We hereby certify that the following
individual has passed this wdtten
examination and the vacancy for this
)osition should be made from this list
We further state that this list is good for
two (2) years from above date.
ENGINEERING ASSISTANT II
Todd Irwins
Respecttully submitted,
70 Regular Session, March 6, 2000
/si Merle J. Duehr, Jr. Chairperson
Is/Lores J. Kluesner.
Civil Service Commission
Buol moved that the above Civil
Service ceYdflcation 3e made a matter
of record. Seconded by Nicholson.
Motion carded 7-0.
C~ Manager recommending
acceotance of the Greyhound Park
HVAC Equipment Project, presented
and read. Buol moved that the
commumcation be received and flied.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 73-00
ACCEPTING IMPROVEMENT
Whereas the contract for the
Dubuque Greyhound Park & Casino -
Air-Conditioning Un[ts Project has been
completed and the City Manager has
examined the work and filed his
certificate stating that the same has
been completed according [o The terms
of the contract, clans and
specifications and recommends its
acceptance.
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 improvemen[ be ano 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 Dubuque Racing Association Fiscal
Year 1998 Budge[ an amount equa~ to
the amount of this contrac[, less any
ratainec percentage provided for
therein.
Passed, approved and adooted this
6th day of March, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buol moved adoption of the
resolution. Seconde(~ by Nicholson
Motion carded 7~0.
RESOLUTION NO. 74-00
FINAL ESTIMATE
Whereas the contract for the
Dubuque Greyhound Park & Casino -
Air-Conditioning Units Project has been
completed and the City Engineer has
submitted his final estimate showing
the cost thereof including the cost of
estimates, r~ofices 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 cos[ of said
improvement is hereby determined to
be $148.248.00 and the said amount
shall be paid fram the Dubuque Racing
Association Fiscal Year 1998 Budget of
the City of Dubuque, Iowa.
Passed, approved and adopted this
6th day of March 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
resolution. Seconded Dy NichoJson.
Motion carried
City Manager recommending
acceptance of the 17th Street Curb
Ramp installation Project, ~resented
and reao. Buol movec that the
communication be received and flied.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 75-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the Curb
Ramp Installation - 17th Street Area
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. Thatthe recommendation
of the City Manager be approved and
that said improvement be and the
same is hereby accepteo
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay [o the contractor from
the Fiscal Year 1999 ano 2000
Sidewalk Program City-Owned
Property and Related Curb and Catch
Basin Replacements in amount equal
to the amount of this contract, [ess any
retained percentage provided for
therein.
Passed, approved and adopted this
6th day of March, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buol moved adoptior of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO, 76-00
FINAL ESTIMATE
Whereas, the contract for the Curb
Ramp Installatior - 17th Street Area
has 3eon completed and the City
Engineer ~ss submitted his final
estima[e showing the cost thereof
including the cost of estimates, notices
Reqular Session~ Ma£ch 6 2000 71
and inspection and ali 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 $75,596.22 and the said amount
shall be paid from the Fiscal Year t999
and 2000 Sidewalk Program - City-
Owned Property and Raia~ed Curb and
Catch Basin Replacements of the City
of Dubuque, iowa.
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
appraval of a grant applicafion in the
amount of $100,000 to the Iowa
Department of Natural Resources for
the Riprow Valley Project, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Nichoison. Motion
carded 7-0.
City Manager recommending a
funding agreement with the Iowa
Department of Transportation for
sidewalk repairs on the U.S. 20
Overpass, presented and read. Budi
moved that the communication be
received and filed. Seconded by
Nichoison. Motion carded 7-0.
RESOLUTION NO. 77-00
RESOLUTION APPROVING
PROJECT AGREEMENT WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION RELATING TO
REPAIRS TO THE NEWLY-
CONSTRUCTED SIDEWALK AT THE
APPROACHES TO THE GRANDVIEW
AVENUE AND FREMONT AVENUE
BRIDGES AT U.S. 20
Whereas; the Iowa Department of
Transportation constructed overpasses
at Grandview Avenue and Fremont
Avenue as part of U.S. 20
Reconstruction Project; and
Whereas, said bddge structures
included the installation of sidewalks on
both sides of each bridge structure;
and
Whereas, portions of the approach
sidewalk have setfied in relation to the
structural sidewalk on the bridges; and
Whereas, the settlement of these
public sidewalks is in need of
immediate repair; and
Whereas, the Iowa Department of
Transportation has agreed to fund said
repairs.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Agreement 93-3-
033 consisting of an agreement
providing for repairs to the approach
sidewalks to the Grandviaw Avenue
and Fremont Avenue bridges on U.S.
20 be approved.
Section 2. That the Mayor be
authorized and directed to execute two
copies of this agreement providing for
IDOT funding of the repairs and
forward the executed copies to the
Iowa DeparLment of Transportation for
their approval.
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest. Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolufion. Seconded by Nichaison.
Motion carded 7-0.
Copy of letter to State Legislators
supporting the proposed change to the
contribution rate for the Municipal Fire
and Pdiice Reflrament System of iowa,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nichdison. Motion
carried 7-0.
Copy of letter to State Legislators
stating the City does not support new
mandates regarding taxing authority for
cities, presented and read. Buol
moved that the communication be
received and flied. Seconded by
Nicholson. Motion carried 7-0.
Communication from Dan LoBianco,
Dubuque Main Street, Ltd., regarding
revised direction for Main Street
development, presented and read.
Buol moved thst the communication be
received and filed. Seconded by
Nichdison. Motion carried 7-0.
Communication from J. Steven
Horman, Dubuque Area Chamber of
Commerce, concerning the future of
Town Clock Plaza, presented and read.
Budi moved that the communication be
received and filed. Seconded by
Nicholson. Morion carried 7-0.
City Manager recommending
execution of a contract with the Iowa
Department of Economic Development
for a Local Housing Assistance
72 Regular Session, March 6, 2000
Program Award for the Maria House
project, presented and reaa Buol
moved that the communication
received and filed. Seconded by
'Nicho[son. Motion carded 7-0.
Communication from the owa
Department of Transportation advising
of their intent [o let an Asphaltic
Cement Crack Sealing project on
March 21, 2000 for portions of U.S. 61
presented and read. Buol moved that
the communication De received and
filed. Seconded by Nicholson. Motion
carded 7-0.
Communication from the Department
of the Navy announcing that the "River
of Dreams" Partnering Conference will
be held June 15-17 2000 in St. Louis,
Missouri, presented and read. Buol
moved that the communication be
received and flied Seconded by
Nicholson Motion carded 7-0
RESOLUTION NO. 78-00
Whereas. applications for . Beer
Permits have oeen 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, E~E IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the Manager be aethodzed to
cause to be issued the following named
applicants a Beer Permit.
CLASS "B' BEER PERMIT
Kids World Pizza Place
Kids World Pizza Place+(Sunday Sale)
3033 Asbury Rd
8th Inning LLC 8th Inning
+(Sunday/Outdoor Sale)
1 Admiral Sheehy Dr
CLASS "C" BEER PERMIT
Lynn Kruser KC's Downtown Auto
Center 205 Locust St
Passed. approved and adopted this
6th day March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved aaoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 79-00
Whereas, applications for Liquor
Licenses have been submitted [o this
Council for approval and the same
have been examined and approved;
and
Whereas. the premises [o be
occupied by such applicants were
inspected and found to comply with the
State Laws and all City Ordinances
relevant thereto and they have tiled
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 name(:
applicants a Liquor License.
CLASS "C' (COMMERCIAL)
BEER/LiQUOR LICENSE
Enke Investment Co~
Finney's Bar & Grill+(Sunday Sale)
2155 Southpark Ct
Dubuque Racing Assoc.
DBQ Greyhound Park/Casino
+(Sunday/Outdoor Sale)
1855 Greyhound Park
Neighbor's Inc Neighbor's Tap
1899 Rockdale Rd
M & K Ltd The Yardarm+
(Sunday/Outdoor Sale)
1201 Shiras St Ex
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carded 7-0.
Robbins moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Michalski. Motion carried
7-0.
Proof of publication, certified to by
the Publisher, on Notice of Public
Headng to amend the ID Institutional
Distdct for Lores College, presented
and read. Robbins moved that the
proof be received and filed. Seconded
by Nicho[son. Motion carded 7-0.
Mr. Jim Collins, VP of Loras, James
Baird & Dennis Vogel, of Ho[abird &
Root Architectural Firm. gave a short
presentation of the proposed mew
building.
An Ordinance Amending the Zoning
Ordinance of the City of Dubuque Code
of Ordinances by Providing for the
Amendment of Ordinance ~/'2-90 and
Approving an Amended Campus
Development Plan for the Loras
College ID Inatitutiona! District. with
first and second readings given on
2/21/00. now presented for final action.
Regular Session, MatCfi 6, ~000
(OFFICIAL PUBLICATION)
ORDINANCE NO. 18-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
BY PROVIDING FOR THE
AMENDMENT OF ORDINANCE 2-90
AND APPROVING AN AMENDED
CAMPUS DEVELOPMENT PLAN FOR
THE LOP, AS COLLEGE ID
INSTITUTIONAL 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 and
Ordinance 02-90 be amended by
adopting a revised campus
development plan, a copy of which is
attached to and made a part hereof, for
the Loras College ID Institutional
District, to wit:
Lot 1 of Lot 2 of Mineral Lot 90; Lot 2
of Mineral Lot 91; Lot 1 and Lot 2 of
Lores College Place; Lot 1 and Lot 2 of
City Lot 742; Lot 1, Lot 2 and Lot 3 of
City Lot 741; City Lot 714; Lots 20
through and including Lot 33 of Levins
Addition; all of the alleys in Levins
Addition; Lot 15 through and including
Lot 18 of Kdngle Addition; Lots 30
through and including Lot 43 of Yates
SubdMsion; Lots 32A, Lot B and Lot C
ail of Yates Subdivision; Lot 1 and Lot
2, and Lots 12 through and including
Lot 15, all of Henion and Baird
Subdivision; Lots 1 through and
including Lot 8 of Hodgdon
SubdMsion; Lot A of Hodgdon
Subdivision; Lot 820 and Lot 821 cfA.
McDaniels SubdMsion; the West 53
feet of Lot 20 of Morgan's SubdMsion;
Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Lot
2 of Lot 3, and Lot 2 of Lot 4, all of
Yates and Pickett SubdMsion; Lot 2 of
Lot 73, Lot 2 of Lot 74, Lot 2 of Lot 75,
Lot 2 of Lot 76, Lot 2 of Lot 77, Eot 2 of
Lot 78, Lot 2 of Lot 79, Lot 71A, Lots
69 through and including Lot 71, Lots
63 through and including Lot 67, Lot
80, and Lot 2 of Lot 81A, all of A.P.
Woods Addition; and the alley from
Blake Street East except the portion
adjoining Lot 2 of Lot 73 of A.P. Woods
Addition; all of Helena Street;, all in the
City of Dubuque, Iowa.
Section 2. That pursuant to Iowa
Code Section 414.5(1993) and as an
express condition of amending the
Loras College ID Institutional District,
the undersigned property owner(s)
agree(s) to the following conditions, all
' of which the properly owner(s) further
agree(s) 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
all uses made of land in the above
described ID Institutional District:
1) PfinciDal permitted uses shall be
limited to:
a) Colleges and universities
b) Vocational schools
c) Seminaries
d) Offices for administrative
personnel or other institutional
emptsyess and affiliates
e) Churches, libraries, and museums
f) Classrooms, laboratudes, lecture
hails, and similar places of institutional
assembly
g) Off-street parking and loading
h) Recreational or athletic facilites
for the primary use and benefit of
institutional residents or affiliates
i) Single-family, two family or multi-
family dwellings for the housing of
institutional residents or affiliates
2) Accessory Uses. The fo[lowing
uses shall be permitted as accessory
uses in the above-described ID
institutional District:
a) Located entirely within a principal
building, bookstores, or bars seating
not more than seventy-five (75)
persons at one time and located not
closer than two hundred feet (200')
from the nearest Residential or Office
Residential District.
b) Ali uses customarily incidental to
the principal permitted uses in
conjunction with which such accessory
uses operated or maintained, but notto
include commercial use outside the
principal building.
3) No conditional uses shall be
allowed.
B. Lot and ~ulk Re~]ulafions.
Development of land in the ID
Institutional District shall be amended
as follows: The proposed Academic
Resource Center shall be located in
conformance with the attached campus
development plan and all final site
development plans are to be approved
in accordance with provisions of the ID
Institutional District regulations.
C. Performance Standards
The development and maintenance of
uses in this ID Institutional District shall
be established in conformance with
Section 3-5.2 of the Zoning Ordinance
and the following standards:
1) New outdoor lighting for the
proposed Academic Resource Center
74 Regular Session, March 6, 2000
shall use at least 90 degree cutoff light
fixtures.
2) Landscaping shall be provided in
compliance with Section 4.4 of the
Zoning Ordinance.
3) All utilities including telephone
and cable television shell be installed
underground.
4) Final site development plans
shall be submitted in accordance with
Section 4.4 of the Zoning Ordinance.
D. Parkina Reouiremants
The off-street parking requirements for
[he principal permitter uses for the
herein described ID Institutional District
shall be designated by a bracket
enclosed number next to the use. as
herein described:
1) A m,nimum of 1.045 off-street
parking spaces shall be maintained for
[he Lores College Institutional District
2) Any significant expansion or
reduction in the number of off-street
earking spaces must be reviewed Dy
Planning Service~ Staff for compliance
with the adopted Institutional distdct
requirements.
E. eden Snare and Recreational Areas
Those areas not designated on the
conceptual develooment plan for
development shall be maintained as
open space, as defined by Section 8 of
the Zoning Ordinance by the property
owner and/or association.
F. Sian Reaulafions
The sign regulations shall be the
same as that which are allowed in the
ID Institutional District as established in
Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
1) That all previoueiy approved
cart 3us development plans are hereby
amended to allow for the attached
conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of
property in this D In~tutional District
shall include the transfer or ease
agreement a prows~on that the
purchaser or lessee acknowledges
awareness of the conditions
authorizing the establishment of the
district.
I. ~/led~mfions
Any modifications of this Ordinance
must be approved by the C~ Council
n accordance with zoning
reclassification proceedings of Section
6 of the Zoning Ordinance.
J. Recordinn
A copy of this ordinance sha[ be
recorded at the expense of the proper~y
owner(s) with the Dubuque County
Recorder as a permanent record of the
conditions accepted es pan of this
reclassification approval within ten (10)
aays of the adoption of this ordinance
This ordinance shall be binding upon
the undersigned and all his/her heirs
successors aha assignees.
Section 3. That the foregoing
amendment has heretofore tieer
reviewed by the Zoning Commission of
the City of Dubuque, iowa.
Section 4. That the foregoing
amendment shall take effect upon
publicafion, as provided by law.
Passed, approved, and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
ATTEST:
Jeanne F. Schneider. Cit7 Clerk
ACCEPTANCE OF
ORDINANCE NO. 18-00
I, Joachim Froehlich, President
Lores College, having reea the terms
and conditions of the foregoing
Ordinance No.18-00 and being familiar
with the conditions thereof, hereby
accep~ the same anc agree to the
conditions required therein.
Dated this 28th day of February,
2000.
By: /s/Joachim Froehlich
President Lores College
Published o~eieily in the Telegraph
Herald newspaper this 10th day of
March 2000.
Jeanne F. Schneider City Clerk
It 3/10
Robbins moved final consideration
aha passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7-0
Proof of publication, certified to by
the Publisher. on Notice of Public
Headng to consider disposing of the
City's interest in Lot C of Medical
Associates Subdivision aha Lot C of
Medical Associates Subdivision No. 2
and City Manager recommending to
proceed with vacation and sale of
property, presented and read. Robbins
moved that the proof and
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 80-00
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT C OF MEDICAL
ASSOCIATES SUBDIVISION AND
LOT C OF MEDICAL ASSOCIATES
SUBDIVISION NO. 2 IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, pursuant to resolution and
Regular Session, March 6, 2000 75
published notice of time and place of
headng, published in the Telegreph
Here[d, a newspaper of generel
circblation published in the City of
Dubuque, Iowa on 'the 23rd day of
February, 2000, the City Council of the
City of Dubuque, Iowa met on the b-'th
day of Mamh, 2000, at 6:30 p.m. in the
Public Librery Auditorium, 11th and
Locust, Dubuque, Dubuque, County,
Iowa to consider the proposal for the
sale of real estate dsscdbed as:
Lot C of Medicat Associates
Subdivision and Lot C of Medical
Associates Subdivision No. 2 in the
City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City
of Dubuque, Iowa overrdied any and all
obje~ons, 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 C of Medical Associates
Subdivision and Lot C of Medical
Associates Subdivision No. 2 in the
City of Dubuque, Iowa to Medical
Associates Realty, L.P. be and the
same is hereby approved for the sum
of $300 plus cost of publication,
platting and tiling fees. Conveyance
shall be by Quit Claim Deed.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be
authorized by the City of Dubuque,
Iowa.
Section 3. That the Mayor be
authorized and directed to execute a
Quit Claim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Medical Associates Rea[ty, L.P. upon
receipt of the purchase price in full
Sec~ea 4. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Robbins moved adoption of the
Resolution. Seconded by Mishaiski.
Motion carried 7-0.
Proof of publication, certified to by
the Publisher, on Notice of Public
Hearing to consider disposing of the
City's interest in Lot 22 of Glenview
Addition in the City of Dubuque and
City Manager recommending to
proceed with sale of property,
presented and read. Markham moved
that the proof and communication be
received and tiled. Seconded by BuoL
Motion carried 7-0.
RESOLUTION NO. 81-00
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 22 OF GLENVIEW
ADDITION IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to resolution and
published notice of time and place of
headng, published in the Telegraph
Hereld, a newspaper of general
circul~on published in the City of
Dubuque, Iowa on the 25th day of
February, 2000, the City Council of the
City of Dubuque, Iowa met on the 6th
day of March, 2000, 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 dsscdbed as:
Lot 22 of Glenview Addition 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 sail 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 22 of Glenview Addition in the City
of Dubuque, Iowa to John C. and
Margaret A. Hendry be and the same is
hereby approved for the sum of
$483.00 plus cost of publication,
platting and tiling fees. Conveyance
shall be by Quit Claim Deed.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the fight of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, and electric lines as may be
authorized by the City of Dubuque,
lows.
Section 3. That an ingress and
76 Regular Session, March 6, 2000
egress easement be established over
and across Lot 22 of Glenview Addition
n the City of Dubuque for the benefit of
Lot 1 of the Subdivision of Lots 1-20 1-
21. 1--22. 1-23. 1-24. and Lot 19 all in
Shipton's Addition.
Section 4. That the Mayor De
authorized and directed to execute a
Quit Craim Deed, and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
John C and MargaretA. Hendry upon
receipt of the pumhsse pdce in full.
Section 5 That the City Clerk be
and is hereby authorized and directec
ro 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
6th day of March, 2000
Terrance M. Duggan, Mayor
Attes[: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Buol. Motion
carded 7-0.
Proofs of publication, certified m by
the Publisher, on Notice of Public
Hearing on Plans and Specs ana
Notice to Bidders on the Receipt of
Bids for Construction of the Cox Street
Storm Sewer Rehabilitation Project and
City Manager recommending to award
contract for project, presented and
read. Michalski moved that the proofs
and communication be received and
tied. Seconded by Nicholson 'vlotion
carded
RESOLUTION NO. 82-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 2nd aay of
February, 2000, plans, specifications
form of con[ract and estimated cos[
were filed with the City Clerk of
~ubuque, owa for the Cox Street
Storm Sewer Rehabilitation Project.
Whereas. notice of headng on plans,
specifications, form of contract, anc
estimated cost was published as
required by law.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That the said plans, specifications.
form of contract and ~stimated cost are
hereby approved as the plans,
specifications, form of contract ana
estimated cost for said improvements
for said project.
Passed, adopted and approved this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adopuon of the
Resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 83-00
AWARDING CONTRACT
Whereas sealed 9roposa[s have
been submitted by contractors for the
Cox Street Storm Sewer Rehabilitation
Project pursuant to Resolution No. 44-
00 and notice to bidders published in a
newspaper published in the City of
Dubuque, Iowa on the 11th day of
February, 2000.
Whereas, said sealed proposals
were opened and read on the 24th day
of February, 2000. and it has been
determined that the bid of Insituform
Technologies, Inc. of Lemont. Illinois. in
me amount of $32,956.00 was tne
lowest bic for the furnishings of all
labor and materials and 9erforming the
work as provided for in the clans and
specifications.
NOW THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
That the contract for the above
'mprovemen[ be awarded to Insituform
Technologies, Inc. and the Manager be
and is hereby directed [o 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 'eturn the
bid deposits of the unsuccessful
bidders
Passed. approved and adopted this
6th day of March, 2000.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of pubiicetion, certified to by
the Publisher. on Notice of Public
Hearing on Plans and Specs and
Notice to Bidders on the Receipt of
Bids for Expansion of the Fifth Street
Parking Ramp and recommending ro
award contract for project, presented
and read. Buo] moved that the proofs
and communication be received anc
filed Seconded by Nicholesn. Motion
carried 7-0.
RESOLUTION NO. 84-00
ADOPTING PLANS AND
SPECIFICATIONS
Whereas. on the 7~ day of February,
Reqular Session, March 6~ 2000 ' . 77
2000, plans, specifications, form of
contract and esfimated cost were filed
with the City Clerk of Dubuque, Iowa,
for the expansion of the Fifth Street
Ramp phase two.
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 plans, specifications, form
of contract and cost in the amount of
$1,987,042.00 are hereby approved
for said project.
Passed, approved and adopted this
6~ day of March, 2000,
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 85-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contrastom for the
expansion of the Fifth Street Ramp
phase two and notice to bidders has
been published in a newspaper
published in the City of Dubuque, Iowa
on the 25~h day of February, 2000; and
Whereas, said sealed proposals
were opened and read on the 29~ day
of February, 2000 and it has been
determined that the bid of Conlon
Construction Company in the amount
of One million nine hundred eighty-
seven thousand and forty-two dollars
($1,987,042.00) was the lowest bid for
furnishing materials as provided for in
the ptans and specifications.
NOW THEREFORE, BE
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the contract for the above
construction be awarded to Conlon
Construction Company and the
Manager is hereby authorized to
execute a contract on behalf of the City
of Dubuque.
Passed, approved and adopted this
6~h day of March, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne Schneider~ City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholecn.
Motion carried 7-0.
Proof of publication, cedJfied to by
the Publisher, on Notice of Public
Headng to consider two agreements to
enable shadng of City-owned
communication conduit, presented and
read. Buol moved that the proof be
received and flied. Seconded by
Markham. Motion cafiied 7-0.
Michalski moved that the rule be
reinstated limiting discussion to the
Council. Seconded by Robbins.
Motion carded 7-0.
An Ordinance Amending Section 4-
46(a) of the City of Dubuque Code of
Ordinances providing for the
membership of the Airport
Commission, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 19-00
AN ORDINANCE AMENDING
SECTION 4-46{a) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
PROVIDING FOR THE MEMBERSHIP
OF THE AIRPORT COMMISSION
NOW, THEREFORE, BE El-
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Se~on 1. Sec. 4-4B(a) of the City of
Dubuque Code of Ordinances is
amended to read as follows:
Sec. 4-46. Appointment; Terms:
(a) The Airport Commission shall
have a membership of five (5) persons:
four members appointed by the City
Council for four (4) year terms and one
member of the City Council whose term
shall be for one year. The initial
appointment of the City Council
member shall expire on January 15,
2001. Such members shall serve
without compensation.
Section 2. This Ordinance shall take
effect upon publication.
Passed, approved and adopted this
6th day of March, 2000.
Torrance M. Duggan, Mayor
Attest
Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
March, 2000.
Jeanne F. Schneider, City Clerk
It 3/10
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
)assed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carried 7-0.
Buol moved that City Council
Member John Markham be appointed
for a one year term to the Airport
Commission which will expire 1-15-01.
78 Regular Session, March 6, 2000
Seconded by Nicholson. Motion
carded 7-0.
City Manager recommending that
parking be removed on the south side
of Overview Court to the cul-de-sac,
presented and read. Michalski moved
that the communication be received
and filed. Seconded by Robbins.
Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances prohibiting parking on
designated streets or portions thereof
adding Overview Court, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 20-00
AN ORDINANCE AMENDING
SECTION 32-262(d) OF THE CODE
OF ORDINANCES OF THE CITY OF
DUBUQUE, IOWA PROHIBITING
PARKING ON DESIGNATED
STREETS OR PORTIONS THEREOF
ADDING OVERVIEW COURT
NOW, THEREFORE BE T
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 adding to
Subsection (d) of Section 32-262 the
following:
Overview Court, south side. from
South Grandview Avenue to its
westerly terminus.
Passed. approved and adopted this
6th day of Mamh. 2000
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
March 2000.
Jeanne F. Schneider, City Clerk
It 3110
Micha[ski moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings pnor to the
meeting at which it is to be finally
passed be suscended and further
moved final consideration and passage
of the Ordinance. Seconded by
Robbins. Motion carried 7-0.
City Manager recommending
approval of a request from Farmland
Foods to close out the job creation
portion of the CEBA and CDBG loans
with FDL Foods, Inc. presented and
read. Markham moved that the
communication be received and filed
anc recommendation approved.
Seconded by BuoL Motion carded 7-0.
City Manager recommending
approval for a grant application for an
additional traffic specialist for the
Police Depar[ment, presented and
read. Nicholson moved that the
communication be received and ti~ed
and recommendation approved.
Seconded by BuoL Motion carried 7-0.
City Manager submitting documents
providing for construction of the
Skateboard Park Concrete Slab,
presented and read. Robbins moved
that the communication be received
and filed. Seconded by Nicholson.
VJotion carded 7-0.
RESOLUTION NO. 86-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE. IOWA:
That the 3roposed 3lans:
specifications, form of contract and
estimated cost for the SKATE PARK
CONCRETE SLAB CONSTRUCTION,
in the estimated amount of $35,000
are hereby approved and ordered filed
in the office of the City' Clerk, for public
inspection.
Passed, approved and adopted this
6th day of March, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson
Motion carried 7-0.
RESOLUTION NO. 87-00
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 public
inspection of the SKATE PARK
CONCRETE SLAB CONSTRUCTION.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
that on the 3rd day of Apdl, 2000. a
public hearing will be held at 6:30 3.m
in the :ublic Library Auditorium. at
which time interested ~)ersons may
appear and be heard for or against the
proposed plans and specifications
form of contract and cost of said
improvement, ano the City Clerk be
and is hereby directed to cause a
notice of time and place of such
Regular Session, March 6~ 2000
79
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 88-00
ORDERING BIDS
BE tT RESOLVED BY THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the SKATE PARK CONCRETE
SLAB CONSTRUCTION is hereby
ordered to be adveCdsed for bids for
construction.
BE IT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
t~venty days prior to the receipt of said
bids at 2:00 p.m. on the 21st day of
March, 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 3rd day
of Apdl, 2000.
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager submitting documents
providing for improvements at the
intersection of Fengler Street and
Kerper Boulevard, presented and read.
Robbins moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 89-00
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the preposed plans,
specifications, form of contract and
estimated cost for the Fengler and
Kerper Intersection Project, in the
estimated amount of $264,092.09, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 90-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
of Dubuque, Iowa has given its
preliminary apprcval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the Fengler and Kerper
' Intersection Project.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That on the 17th day of April, 2000,
a public hearing will be held at 6:30
~.m. in the Public Library Auditorium at
which time interested persons may
appear and be heard for or against the
proposed plans and specifications,
form of contract and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and place of such
hearing to be published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
twenty days pdor to the day fixed for its
consideration. At the headng, any
interested person may appear and tile
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement
Passed, adopted and approved this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robb[ns moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
80 Regular Session, March 6, 2000
RESOLUTION NO. 91-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, OWA:
That the Fengler and Kerper
Intersection Project is hereby ordered
to be advertisec for bids for
construction.
BE IT FURTHER RESOLVED. that
the amount of the security to
accompany each bid shall 3e In a~
amount which shall conform to the
provisions of the not[ce to bidders
hereby approved as a part of the plans
and specifications heretofore adopted.
That the City Clerk is hereby directed
to adverse for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
general circulation in the City of
Dubuque, iowa. which notice shall not
be [ess than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 6th day of
April, 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 7:00 9. m. on the 17th day of
Apdl, 2000.
Passed, adopted and approved this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0
City Manager submi~ng documents
providing for asbestos removal and
demolition of the Dolan Building,
presented and reaa Robbins moved
that the communication be received
and filed Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 92-00
RESOLUTION ORDERING BIDS AND
FIXING DATES OF HEARING ON
PLANS AND SPECIFICATIONS FOR
ASBESTOS REMOVAL FROM THE
DOLAN BUILDING (330-336 MAIN
STREET)
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk [s
hereby authorized and directed to
advertise for bids for asbestos removal
from the Dotan building, in the form of
Exhibit "A" attached hereto and made a
par[ hereof.
Section 2. That on the 20th day of
March. 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 eians and
specifications and form of contract for
the removal of asbestos From the Dolan
Building (330-336 Main Street).
Section 3. That the City Clerk s
hereby directed to cause notice of the
time an(] place of such headng [o be
published in a newspaper having
general circulatior in the City of
Dubuque, owa. which notice shaJl be
not less than four days nor more than
~venty days 9dor to the day of the
headng.
Passec. adopted and approved this
6'" day of March. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resoJution. Seconded by Nicholson.
~ot~on carded 7-0.
RESOLUTION NO. 93-00
RESOLUTION ORDERING BIDS AND
FIXING DATES OF HEARING ON
PLANS AND SPECIFICATIONS FOR
DEMOLITION AND SITE
CLEARANCE OF THE DOLAN
BUILDING (330-336 MAIN STREET)
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF
DUBUQUE, iOWA:
Section 1. That the City Clerk is
hereby authorized and directed to
advertise for bids for demolition and
site clearance of the Dolan building, in
the form of Exhibit "A" attached hereto
and made a part hereof.
Section 2. That on the 3rd aay of
April, 2000. ~ public headng will be
held at 6:30 9.m. in the Public Library
Auditorium at which time interested
persons may appear and be heard for
or against the proposed plans and
specifications and form of contract for
the demolition and site clearance of the
Dolan Building (330-336 Main Street).
Section 3 That the City Clerk is
hereby directed to cause notice of the
time and pl~ce of such headng to be
eubiished in a newspaper having
general circulation in the Cb of
Dubuque, iowa, which notice shall be
not less than four days nor more than
[wenty days prior to the day of the
hearing.
Passed. adopted ant approved this
6~" day of March. 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Regular Session, March 6~2000
81
City Manager recommending that a
public headng be set for March 20,
2000, to consider a request to vacate a
portion of Front Street, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 94-00
RESOLUTION APPROVING PLAT OF
PROPOSED VACATED A PORTION
OF FRONT STREET
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated January
18~ 2000, prepared by IIW Engineers &
Surveyors, P.C., describing the
proposed vacated portion of Front
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
January 18~ 2000, prepared by IIW
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. Thatthe City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, tv.
cable, flood,vail levee, and electric lines
as may be authorized by the City cf
Dubuque, Iowa:
Section 3. That the City Clerk be
and is hereby authorized and directed
to file said plat and certified copy of this
resolution in the office of the Recorder,
in and for Dubuque County, Iowa.
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholsen.
Motion carded 7-0.
An Ordinance Vacating a portion of
Front Street, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 21-00
ORDINANCE VACATING A PORTION
OF FRONT STREET
Whereas, Dubuque Boat Club, Inc.
has requested the vacating of a portion
of Front Street;, and
Whereas, IIW Engineers &
Surveyors, P.C. has prepared and
submitted to the City Council a plat
showing the vacated posen of Front
Street and assigned lot numbers
thereto, which hereinafter shall be
known and described as Lot 356A of
Ham's Addition in the C~ of Dubuque,
Dubuque County, Iowa;
Whereas, the City Council of the City
of Dubuque, Iowa has determined that
this poRtion of Front Street is no longer
required for public use, except for utility
easements as noted, and vacating of
said portions of Front Street known as
Lot 356A of Ham's Addition in the City
of Dubuque, Dubuque County, Iowa
should be approved.
NOW THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That the real estate
described as Lot 356A of Ham's
Addition in the City of Dubuque, Iowa,
be and the same is hereby vacated.
Section 2. Thatthe City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, constructing,
reconstructing, repairing, owning,
operalJng, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, floodwal[ levee, and electric lines
as may be authorized by the City of
Dubuque, Iowa.
Passed, approved and adopted this
6th day of Marchl 2000
Terrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 10th day of
March, 2000.
Jeanne F. Schneider, City Clerk
It 3/10
Buol moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Mee~ngs prior to the
meeting at which it is to be finally
~asesd be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Niche[son. Motion carded 7-0.
RESOLUTION NO. 95-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
356A OF HAM'S ADDITION,
DUBUQUE, IOWA
Regular Session, March 6, 2000
Whereas, Dubuque Boot Club, Inc.
nas requested the vacating of a portion
of Front Street.
Whereas IIW Engineers &
Surveyors. P.C. nas preparec ano
submitted to the City Council a
showing the vacated portion of Front
Street and assigned lot numbers
thereto, which hereinafter shall be
known and described as Lot 356A of
Ham's Addition in the City of Dubuque,
iowa; and
Whereas. the City Council of the City
of Dubuque Iowa has determined that
this portion of Front Street is no longer
required for public use, except for utility
easements as noted and vacating and
sale of said portion of Front Street
known as Lot 356A of Ham's Addition
in the City of Dubuque, Dubuque
County, Iowa shourd be approvea
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Section 1. Thstthe City of Dubuque
intends to dispose of its interest in Lot
356A of Ham's Addition in the City of
Dubuque, rowa.
Section 2. That the conveyance of
Lot 356A of Ham's Addition in the City
of Dubuque, Iowa to the Dubuque Boat
Club, Inc. be contingen[ upon the
rec~pt of deeds for Lots 350. 351. 352.
and 353 of Ham's Addition in the C~
of Dubuque, Iowa. plus platting,
publication and filing fees.
Section 3. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, nstalling, . constructing,
reconstructing, repa~nng, owning,
operating, and maintaining water.
sewer, drainage, gas, telephone, t_v.
cable, floodwall levee, and electric lines
as may be authorized by the City of
Dubuque, iowa.
Section 4. That the City Clerk be
and is hereby authorized and directed
to cause a notice of intent to dispose of
said real estate to be published in the
manner as prescribed by law.
Passed. appreveo and adopted this
6th day of March, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moveo adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 96-00
RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY ON
VOLUNTEER DRIVE TO THE C~Y
OFDUBUQUE
Whereas, the City of Dubuque
entered into an agreement with
Dubuque Boat Club, inc., Dursuan~ m
which Dubuque Boat Club, inc. agreed
[o convey Lots 350. 351,352, and 353
of Ham's Addition in the City of
Dubuque, Iowa; and
Whereas. Dubuque Boat Club. Inc.
nas 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. acceprs and consents to
the Warranty Deed from Dubuque Boat
Club, Inc., copies of which are attached
hereto, as required Dy iowa Code
Section 569.7.
Section2. The Mayor is hereby
authorized and directed to execute and
acKnow~eoge on behalf of the City of
Dubuque any instruments in
connection herewith.
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution Seconded by Nichoison.
Motion carded 7-0.
City Manager recommending
acceptance of the Southfork Interceemr
Sewer - Phase I project and that a
public hearing be set for Apdl 3, 2000,
[o establish connection fees for the
sanitary sewer, presented and read.
Buol moved that the communication be
received and flied. Seconded by
Niche[son Motion carried 7-0.
RESOLUTION NO. 97-00
RESOLUTION PROVIDING FOR
NOTICE OF THE DATE, TIME AND
PLACE OF A PUBLIC HEARING ON
AN ORDINANCE ESTABLISHING
THE SOUTHFORK SANITARY
SEWER INTERCEPTOR DISTRICT -
PHASE I AND A SCHEDULE OF
CONNECTION FEES
Whereas, the City Council of the City
of )ubuque, owa proposes to
establish, by Ordinance after notice of
a public headng, the Southfork Sanitary
Sewer Interceptor District - Phase I and
to provide a schedule of connection
fees therefor, and
Whereas, Iowa Code Section
384.38(3) requires notice and a public
headng on such Ordinance:
NOW, THEREFORE BE IT
RESOLVED BY THE CiTY COUNCIL
Regular Sessioni March 6;,2000
8~
OF THE CITY OF DUBUQUE, IOWA:
Section 1. The City Clerk is hereby
authorized and directed to publish
notice of the date, time and place of the
headng on said proposed Ordinance,
which headng shall be on Apdl 3, 2000,
at 6:30 p.m. in the Public Library
Auditorium in the City of Dubuque,
Iowa, such publication to be once each
week for two consecutive weeks in the
manner provided by Section 362.3, the
first publication of which shall not be
less than ten (10) days before the date
of the hearing.
Section 2. The notice shall be in
substantially the following form:
Notice to Property Owners
Notice is given that there is now on file
for public inspection in the office of the
Clerk of the City of Dubuque, City Hall,
Dubuque, Iowa, a proposed Ordinance
establishing the Southfork Sanitary
Sewer interceptor District - Phase ! and
providing for connection fees.
The Council will meet at 6:30 p.m, on
April 3, 2000, at the Public Library
Auditorium in the City of Dubuque,
iowa, at which time the owners of
property subject to connection fees in
the Southfork Sanitary Sewer
Interceptor District - Phase ~ or any
other person having an interest in the
matter may appear and be heard for or
against the establishment of the
Diatdct, or the schedule of connection
fees. A person subject to such
connection fees will be deemed to have
waived all objections unless at the time
of hearing, the person has filed
objections with the Clerk.
Section 3. Not lees than fifteen (15)
days before the headng, the Clerk shall
also send a copy of the notice by mail
to each person whose property will be
served by connection to City sewer and
be subject to a connection fee at the
address as shown bythe records of the
County Auditor.
Passed, approved and adopted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest Jeanne Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
An Ordinance Establishing the
Southfork Sanitary Sewer Interceptor
District - Phase I and a schedule of
fees for the connection of property to
City sewer, presented and read. Buol
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council Meetings prior to the meeting
at which it is to be finally passed be
suspended and further moved that a
Public Hearing be held on the
proposed Ordinance on the 3rd day of
Apdl, 2000 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.
City Manager recommending
approval of a Reimbursement
Agreement with NICC and that a public
hearing be scheduled for March 20,
2000 to consider an easement
agreement and advising of the City's
intent to dispose of property and
Communication of Kathryn Gullgot,
Region .I Telecommunications Council,
expressing support for the proposed
agreement, presented and read. Buol
moved that the communications be
received and tiled. Seconded by
Nicholscn. Motion carried 7-0.
RESOLUTION NO. 98-00
A RESOLUTION ADVISING OF THE
CITY'S INTENT TO DISPOSE OF ITS
INTEREST IN PROPERTY BY
EASEMENT AGREEMENT BE'I'WEEN
THE CITY OF DUBUQUE, IOWA, AND
AT&T CABLE SERVICES, INC. FOR
THE INSTALLATION AND
OPERATION OF AN OPTICAL FIBER
COMMUNICATION CABLE WITHIN
SPECIFIC SECTIONS OF CITY-
OWNED CONDUIT.
Whereas, the City Council of the City
of Dubuque, Iowa encourages the
extension of the distance learning
Capabilities and services of the Iowa
Communications Network (ICN) to
schools, colleges, libraries,
government, and other public entities
within the corporate limits of the City of
Dubuque, and
Whereas, Northeast Iowa
Community College (N.I.C.C.) has
invested considerable resources and
institutional commitment to the
remodeling and maintenance of a
Dubuque Downtown Leaming Center
which will include an ICN distance-
leaming classroom, and
Whereas, pursuant to its franchise
and other agreements with the City of
Dubuque, AT&T Cable Services, Inc.
has installed and maintains specific
optical fiber links between the Iowa
Communications Network point-of-
~resence at 1515 W. 3rd St. and a
colle~on of schools, colleges, libraries
and other public entities located
throughout the City; and
84 Regular Session, March 6, 2000
Whereas. representatives of the City
of Dubuque, the ICN N.I.C.C.. and
AT&T Cable Services, ]nc. have jointly
proposed a 9hysical mute and terms of
agreement which wi[ connect the
N.I.C.C. Downtown Learning Center to
the Iowa Communications Network via
AT&T oetical fiber including an
approximate 500 ft. segment to be
carded within City-owned conduil
between the Dubuque Law
Enforcement Center and the N.I.C.C.
Learning Center. and
Whereas the City Council finds the
terms of the proposed agreement to be
reasonable, [air to all the ~arties and
beneficial to the community.
NOW THEREFORE: BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. Thatthe City of Dubuque,
Iowa intends to dispose of its interest in
the property described in the eroposed
easement agreement with AT&T Cable
Se~ces [nc. under the condi~ons
stipulated in the easement agreement.
a copy of which is now on die at the
office of City Clerk, CitY Hall, Dubuque,
Iowa.
Section 2. The City Clerk is hereby
authorized and directed to cause this
Resolution ano a notice to be published
as prescribed by Iowa Code Section
364.7 of a public headng on the City's
intent to dispose of the foregoing-
described real property, to be held on
the 20th day of March, 2000 au 6:30
o'clock p.m. at the public libra~
auditedum. 11th & Locust. Dubuque,
iowa.
Passed, approved and adoeted this
6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0
There being no further business,
Buol moved to adjourn. Seconded by
Nicholson Motion carded 7-0. Motion
carried 7-0. The me~ng adjourned at
7:19 P.M.
~si Jeanne F. Schneider
Cit7 Clerk
Approved
Adopted
Council Members
Attest:
City Clerk
2000
2000
Special Session; MaFch 7; ~:d00 '
8~
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, Mamh
7, 2000
Council Met at 6:30 P.M. in the
Public Library Auditorium
Present: Mayor Duggan, Council
Members Buol, Cline, Markham,
Micha~ki, 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 Counc~ called for the purpose of
conducting a Public Headng on the
Fiscal Year 2001 Budget and Five Year
Capital Improvement Program.
Proofs of publication ced~ed to by
the Publisher on Notice of Public
Headng on Budget Estimate for Fiscal
Year 2001 and Notice of Public
Headng on Five Year Capital
Improvement Program beginning Juiy
1, 2000 through the fiscal year ending
June 30, 2005, Communication from
the Environmental Stewardship
Adv~ory Commission regarding
volume-based fees for refuse
collection, Communication from Betty
Weiland, 2324 Maplewood Ddve,
regarding the increase in fees for
monthiy parking in downtown Dubuque,
Communication of the Long Range
Planning Advisory Commission
regarding their review of the Fiscal
Year 2001 - 2005 Capital Improvement
Program, and Communication of the
City Manager regarding the Fiscal Year
2001 Budget, presented and read.
Michalski moved that the proofs and
communications be received and filed.
Seconded by Robbins. Motion carded
Michalski moved to suspend the
rules to allow anyone present to
address the Council if they so desire.
Seconded by Nicholson. Motion
carried 7~0.
Public input and discussion on
departments in the following order:
Police Dept. No Comments;
Emergency Communications - No
I Comments; Emergency Management-
No Comments; Fire Dept. - No
Comments; Health Services - No
Comments; Parking - No Comments;
Finance ~ No Comments; City Manager
- No Comments; City Councl ~ No
Comments; City Clerk - No Comments;
Legal Dept. - No Comments; Building
Services - No Comments; Water
Pollution Control - No Comments;
Engineering No Comments;
Operations and Maintenance - No
Comments; CMc Center No
Comments; Recreation - No
Comments; Park - No Comments;
Information Services - No Comments;
Cable TV - No Comments; Community
and Economic Development - No
Comments; Planning Services - No
Comments; Housing Services - No
Comments; Human Rights - No
Comments; Water ~ No Comments;
Library - No Comments; Airport - No
Comments; Transit - No Commentsl
Purchase of Services - No Comments.
MichalskJ moved to dose the public
hearing portion of the Budget.
Seconded 'by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 9g-00
A RESOLUTION ADOPTING THE
ANNUAL BUDGET, AS AMENDED,
FOR THE FISCAL YEAR ENDING
JUNE 3O, 2001
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the annual budget,
as amended, for the fiscal year ending
June 30, 2001, as set forth in the
Adoption of Budget and Certification of
Taxes summary and supporting state
budget forms and in the detailed
budget in support thereof showing the
revenue estimates and appropriation
expenditures and allocations to
programs and activities for said fiscal
year is adopted, and the City Clerk is
directed to make the filings required by
law and to set up the books in
accordance with the summary and
details as adopted.
Passed, approved and adopted this
7th day of Mamh, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 100-00
ADOPTION OF FIVE YEAR
CAPITAl-IMPROVEMENT PROGRAM
86 Special Session, March 7, 2000
WHEREAS a recommended five
year Capital Improvement Program for
the period beginning July 1, 2000, ano
ending June 30, 2005, for the City of
Dubuque has deen prepared and
submitted to the City Council; and
WHEREAS. the tive year Capital
Improvemem Program: (1) describes
specific capital improvemen[ projects;
(2) provides estimated costs for those
projects; (3) proposes sources of funds
for each of them; ant (4) schedulesthe
year during which each project will be
undertaken; and
WHEREAS, the capital improvemem
projects for the first year are included in
the Fiscal Year 2001 budge[ for the
City of Dubuque: and
WHEREAS the five year Capita]
Improvement Program will be
reconsidered annually by the City
Council and appropriately revised; and
WHEREAS, the adoption of the five
year Capital Improvement Program is a
prudent measure to provide continu~
of programs and is in the best 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 five year Capital
Improvemen[ Program for the pedod
beginning July 1, 2000, set out in the
Fiscal Year 2001-2005 Recommended
Capital Improvement Budget, is hereby
approved, anb adoptec as the
proposed allocation of the City
resources for capital improvements as
scheduled in the years snown, subject
to annual review and revision.
Passed. approved and adopted this
7th day of Mamh, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo[ movec adoption of the
resolution. Seconded by Markham.
Motion carded 7-0.
RESOLUTION NO. 101-00
A RESOLUTION ADOPTING THE
PROGRAM YEAR 26 [FISCAL YEAR
2001] COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) BUDGET.
Whereas. the City of Dubuque has.
through a sedas of public meetings and
hearings, finalized a Program Year 26
(Fiscal Year 2001) Community
Development- Block Grant budge[
addressing both housing and non-
housing needs in the community; and
Whereas. copies of the draft
Program Year 26 CDBG budget have
been available for public comment 30
days prior to City Council action: and
Whereas, the City's Community
Development Advisory Commission
has recommended the adoption of this
budget.
NOW THEREFORE. BE IT
RESOLVED BY THE C~TY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Program Year
26 (Fiscal Year 2001}Community
Development Block Grant budget
attached hereto and by this reference
made a par~ hereof is hereby aeopted
Section 2 That the City Manager is
hereby authorizec and directed to
prepare the Program Year 26 (Fiscal
Year 2001 ) Annual Action Plan for the
use of Community Development Block
Grant funds ~ased on this adopted
budget.
Passed. approved and adopted this
7th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Vtichalski moved adoption of the
rasolutior~. Seconded by Nicholson.
Motion carded 7-0.
An Ordinance Amending Sections
32-279(1), establishing fines for
oveddme parking, double parking, and
any other standing or parking violation
by increasing the tine therefore;
amending Section 32-314(6)
establishing the time and schedule for
parking lot #10 by ~creasing the fee
therefore: and amending Section 32-
337 of the Code of Ordinances
establishing the fee schedule for
parking meters by increasing the fees
therefore, presented and read.
{OFFICIAL PUBLICATION)
ORDINANCE NO. 22-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 32-279(1)
ESTABLISHING FINES FOR
OVERTIME PARKING, DOUBLE
PARKING AND ANY OTHER
STANDING OR PARKING VIOLATION
BY INCREASING THE FINE
THEREFOR; AMENDING SECTION
32-314(6) ESTABLISHING THE TIME
AND FEE SCHEDULE FOR PARKING
LOT #10 BY INCREASING THE FEE
THEREFOR; AND AMENDING 32-337
OF THE CiTY OF DUBUQUE CODE
OF ORDINANCES ESTABLISHING
THE FEE SCHEDULE FOR PARKING
METERS BY INCREASING THE FEES
THEREFORE.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Seddon 1. Sec. 32-279(1) ofthe City
Special Session, March 7~ 2000
87
of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 32-279(1} Parking Violations -
Fines:
Overtime Parking; Double Parking
end Any Other Standing or Parking
Violation: If paid within one hundred
sixty eight (166) hours from time of
violation as indicated on the notice,
such fine shall be the sum of four
dollars ($4.00); if not paid within one
hundred sg'~:y eighty (168) hours, such
fine shall be the sum of six do,ars
($6.00).
Section 2. Sec_ 32-314(6) of the City
of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 32-314 (6) Meters - Time and
fee schedule for specific Iota:
On Parking Lot No. 10, reserved
parking for nonmetered spaces shall be
between the hours of six o'clock (6:00
A.M.) and six o'clock (6:00 P.M.) daily,
excluding Saturdays, Sundays and
holidays at a monthly rate of thirty-five
do,ars ($35), payable each month.
Section 3. Sec. 32-337 of the City of
Dubuque Code of Ordinances is
amended to read as follows:
Sec. 32-337. Fee Schedule:
Subject to the limitations provided in
this Division, parking meters, when
installed and propedy operated shall
show legal parking upon and after
deposit of United States coin in
accordance with the following
schedule:
(1) One (1) hour parking meters shall
show legal parking for thirty-five centa
($0.35) per hour, but not more than a
total of sixty (60) minutes at any one
time.
(2) Two (2) hour parking meters shall
show legal parking for thitty-five centa
($0.35) per hour, but not more than a
total of one hundred twenty (120)
minutes at any one time.
(3) Four (4) hour parking meters
shall show legal parking for thirty-five
centa ($0.35) per hour, but not more
than a total of four (4) hours at any one
time.
(4) Ten (10) hour parking meters
shall show legal parking for twenty-tive
cents ($0.25) per hour, but not more
than a total of ten (10) hours at any one
time.
(5) Twenty (20} minute parking
meters shall show legal parking for
sixty-five cents ($0,65) per hour, but
not more than a total of twenty (20)
minutes at any one time,
Section 4. This Ordinance shall take
effect July 1, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Published officially in the
Telegraph Herald newspaper this 17th
day of March, 2000.
Jeanne F. Schneider, City Clerk
It 3/17
Buoi 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
Robbins. Carried bythe following vote:
Yeas--Duggan, Buol, Cline, Markham,
Nicholson, Robbins. Nays--Michalski.
An Ordinance Amending Section 40-
37 Paragraph (a) of the Code of
Ordinances establishing charges for
the collection and disposal of solid
waste and recyclable materials
! increasing the monthly fee from $7.00
per dwelling unit per month to $7.44,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 23-00
AN ORDINANCE AMENDING CITY
OF DUBUQUE CODE OF
ORDINANCES SECTION 40-37
PARAGRAPH (a) ESTABLISHING
CHARGES FOR THE COLLECTION
AND DISPOSAL OF SOLID WASTE
AND RECYCLABLE MATERIALS
INCREASING THE MONTHLY FEE
FROM $7.00 PER DWELLING UNIT
PER MONTH TO $7.44.
NOW, THEREFORE, BE IT
ORDAINED BY CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Section 40-37(a) of the
City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 40-37. Charges-Amounta:
Exceptions:
(a) Claes I premises. Except as
qualified below, a fee of seven ddilars
and forty-four centa ($7.44) per
dwelling unit per month shall be paid to
the City by the property owner of each
Claes I premises for such services.
Said fee shall be in payment for
collection and disposal of solid waste
and recyclable materials as defined.
Exceptions to the collection charges for
Class I premises are as follows:
(1) When a Class I premises has
been vacant for a pedod not less than
three (3) consecutive months, the
88 Special Session, March 7, 2000
owner may apply to the City Manager
for a credit under procedures to be
established bythe City Manager. Such
credit shall continue only so long as the
Claes promises is vacant.
(2) Class r premises when the head
of the household is sixty-five (65) years
of age or older ane has an annual
income equal to or less than the
income standards used by HUD for its
"Section Eight (8) Housing Program"
for one and two person households
may, upon application to the City
Manager, be exempted from one-half
(1/2~ the established collection charge.
Atter the initial application, annual
application shall be made by the head
of household on July 1 of each year to
verify annual income and eligibility.
(3) In cases of ex[rome financial
hardship, the City Manager, may, and
is heroby authorized and empowered
[o, make adjustments in the monthly
collection charges as the City Manager
may deem appropriate. In such cases.
the City Manager shall have the
authority to-roqulro such proof of
vacancy, financial status, age or
exzreme hardship as the City Manager
may deem necessary.
Section 2. This ordinance shall take
effect on the first day of July, 2000.
Passed. approved and adopted this
7th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 17th day of
March. 2000.
Jeanne F. Schneider. City Clerk
It 3/17
Robbins moved that the requirement
that a proposed Ordinance be
considered and voted on for passage
at two Council Meetings odor to the
meeting az which it is to be finally
passed be suspended and further
moved final consideration anr~ passage
of the Ordinance. Seconded by
Nicho[son. Motion carded 7-0
An Ordinance Amending Section 44-
201(a) of the Code of Ordinances fixing
water rates for residential, commercial,
and industrial uses and all other uses,
by increasing such wamr rates,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 24-00
AN ORDINANCE AMENDING SEC.
44-201(a) OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, FIXING WATER
RATES FOR RESIDENTIAL,
COMMERCIAL, AND INDUSTRIAL
USES AND ALL OTHER USES, BY
INCREASING SUCH WATER RATES.
NOW, THEREFORE, BE
ORDAINED BY THE CITY COUNC[L
FOR THE CITY OF DUBUQUE IOWA:
Section 1. Section 44-201(a), ortho
code of Ordinances. City of Dubuque,
Iowa is hereby amenaec to read as
follows:
*Section 44-201 (a), Residential
Commercial= Industrial and ali other
uses.
(a) Commencing July 1, 2000 the
rates to be charged for water for
residential, commercial industrial and
all other uses and purposes by person,
firrr or corporation within the city shall
be fixed and determined as follows:
Monthlv Consumption
Charne Per Hundred Cubi~ FoR
First 3,000 $1.50
Next 12.000 $1.24
Next 35,000 $1.14
Next 50,000 $1.02
Next 100.000 $ .88
:~ates shall be subject to the
following minimum monthly charge
according to the size of the meter.
Meter Size
(Inches) New Charge (Cubic Feet)
5/8 $ 3.00 200
3/4 $ 7.50 500
I $ 12.00 800
1~ $ 39.00 2,600
2 $ 64.84 4,600
3 $139.24 10.600
4 $ 214.32 16.800
6 $ 442.32 36,800
8 $ 720.30 62.500
Secfion 2. This ordinance shall take
effect on the first day of July, 2000.
Passed, approved and adopted this
7th day of March, 2000.
Terrance ~I. Duggan, Mayor
Attest:. Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 17th day of
March, 2000.
Jeanne F. Schneider, City Clerk
It 3/17
Robbins moved that the requirement
Special SeSsionl Matbh 7i 2000
89
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 carded 7-0.
An Ordinance Amending Section 44-
202 of the Code of Ordinances fire
sprinkler service by increasing the
rates for such service, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 25-00
AN ORDINANCE AMENDING SEC.
44202 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE, IOWA, FIRE SPRINKLER
SERVICE BY INCREASING THE
RATES FOR SUCH SERVICE.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Section 44-202, of the
Code of Ordinances, City of Dubuque,
iowa is hereby amended to read as
follows:
*Section 44-202. Fire Sprinkler
Service.
(a) Commencing July 1, 2000,
customers who have fire sprinkler
service shall be billed for this service
on a monthly basis. This monthly
charge shall be included on the
customer's regular monthly bill for
which charges are tixed and
determined as follows:
Number of Heads Monthly Charges
Curr~lt
Up to 200 (minimum monthly
charge) ........................ $ 9.02
200-300 ...................................... $10.82
300-400 ...................................... $12.63
400-600 ...................................... $14.42
600-800 ...................................... $16.23
800-1,000 .................................. $18.04
1,000-1,200 ............................. $19.84
1,200-1,400 ................................ $21.64
1,400-1,600 ................................ $23.45
1,600-1,800 ................................ $25.25
1,800-2,000 ................................ $27.05
2,000-2,000 ............................... $28.86
2,200-2,400 ............................ $30.65
2,400-2,600 .............................. $32.46
2,600-2,800 .............................. $34.27
2,800-3,000 ............................ $36.07
3,000-3,500 .............................. $37.86
Over 3,500 (for each additional 500
heads or fraction thereof) ............ $1.81
Sec~on 2. This Ordinance shall take
place on the first day of July, 2000.
Passed, approved and adopted this
7th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 17th day of
March, 2000.
Jeanne F. Schneider, City Clerk
It 3/17
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
Markham. Motion carded 7-0.
There being no further business,
Buol moved to adjourn. Seconded by
Nicholson. Motion carried 7-0. The
meeting adjourned at 6:51 P.M.
/si Jeanne F. Schneider
City Clerk
Approved ,2000
Adopted ,2,000
Council Members
Attest:
City Clerk
90 Special Session, March 8, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session,
Wednesday, March 8, 2000
Council met at 5:15 P.M. in
Conference Room B, City Hall.
Present: Mayor Duggan (by
electronic means), Council Members
Buol, Cline, Markham, Michalsld,
Nicholson, Robbins, City Manager
Michael Van Milligen, Corporation
Counsel Barry' Lindah[.
Mayor Pro-Tern Nicholson read the
call and stated that this is a Special
Session of the City Council called for
the purpose of going into Closed
Session to discuss the purchase of
property in accordance with Chapter
21.5(1)(j) of the Code of Iowa.
Markham moved to go into Closed
Session in accordance with Ch.
21.5(1)(j). Seconded by Robbins.
Motion carried 7-0.
At 6:21 P.M. Council reconvenea
Regular Session with statement that
Staff had been given proper direction.
There being no further business
~lichalski moved m adjourn the
meeting. Seconded by Robbins
Motion carded 7-0. The meeting
adjourned at 6:22 P.M.
Isl Jeanne F. Schneider
City Clerk
Approved ,2000
Adopted ,2000
Council Members
Attest:
City Clerk
Reqular Session, March 20, 2000 91
DUBUQUE
cITY COUNCIL
OFFICIAL
PROCEEDINGS
March 20, 2000, City Council,
Special Session followed by Regular
Session.
At 5:00 P.M. Council had dinner in
the Second Floor Rotunda of the Public
Library.
At 5:45 P.M. Council convened for
the meeting in the Public Library
Auditorium.
Present: Mayor Duggan, Council
Members Buot, Cline, Markham,
Mlohalski, Nicholson, Robbins, City
Manager Michaet Van MiIligen,
Corporation Counsel Barry LindahL
Mayor Duggan read the call and
stated this is a Special Session of the
City Council followed by the Regular
Session called for the purpose to go
into Closed Session re: Purchase of
Real Estate (Iowa Code §21.5(1)(j) and
also to act upon such business which
may properly come before the City
Council.
Council Adjourned the Special
Session at 6:25 with Statement that
Staff had been given proper direction.
At 6:30 P.M., Council convened
Regular Session in the Public Library
Auditorium.
The Invocation was given by Father
Mark Ressler, Professor at Loras
College and Chaplain of Clarke
College.
Proclamations: "Census Week and
Day" received by Susan Gwiasda, City
Public Information Officer and "Square
Dance Week~ received by Bill and Barb
Zubler and other square dancers.
Minutes Submitted: Building Code
Board of Appeals of 3/2; Community
Development Advisory Commission of
2/15; Hiatodc Preservation Commission
of 2/17 and 3/2; Long Range Planning
Commission of 2/23; Transit Board of
3/2; Zoning Advisory Commission of
3/1; Zoning Board of Adjustment of
2/24, presented and read. Buol moved
that the minutes be received and flied.
Seconded by Nicholson. Motion
carded 7-0.
Proof of Publication and Ust of
Claims and Summary of Revenues for
the month ending January, 2000.
Finance Director submitting financial
report for month ending February,
2000, presented and read. Buol
moved that the proof and report be
received and flied, Seconded by
Nicholson. Motion carried 7-0.
Proofs of Publication of Council
Proceedings for 2/14, 2/26, 2/211 and
2/28/00, presented and read. Buol
moved that the proofs be received and
filed. Seconded by Nichdison. Motion
carded 7-0.
Claims/Suits: BFI of Dubuque in
estimated amount of $7,431.63 for
property damage; Michael E. Conklin in
unknown amount for personal injuries;
Justin Helm in estimated amount of
$575.16 for vehicle damage; Morse
Electric, Inc. in unspecified amount for
labo~ and materials provided on City
project, presented and read. Buol
moved that the claims and suits be
referred to the Legal Staff for
investigation and repo~ Seconded by
Nichdison. Motion carded 7-0.
Corporation Counsel advising the
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the Iowa Communities
Assurance Pool: personal injury claim
of Ginnie Backer; vehicle damage
claim 6f Dan Kruse Pontiac; vehicle
damage claim of D. Ron McClain;
)ersonal injury claim of Theresa A.
Pierce, presented and read. Buol
moved that the communications be
received and flied. Seconded by
Nicholson. Motion carded 7-0.
Communications of City Manager to
State Legislators urging support of
House File 2528; and communication
urging opposition to House File 2503,
presented and read. Buol moved that
the communications be received and
filed. Seconded by Nicholson. Motion
carded 7-0.
Communication of City Manager to
Senators Haddn and Grsssley
opposing HR 1000 on FAA Re-
authorizafion, presented and read.
Buol moved that the communication be
received and filed, Seconded by
Nicholson. Motion carded 7-0.
92 Regular Session, March 20, 2000
Communication of Iowa Department
of Transportation advising of their
intent to begin a traffic/location study of
U.S. 20 from the Peoata Intemhange to
its ihtersection with Devon Drive,
presented and read. Buol moved that
the communication be received and
~led. Seconded by Nicholson Motion
carried 7-0.
Public notice fram U.S. Army Corps
of Engineers regarding proposal to
realign a portion of John's Creek in
Dubuque County, presented and read.
Buol moved that the communication be
received and ~i[ed. Seconded by
Nichoison. Motion carried 7-0.
City Manager recommending
approval of a lease agreement with the
Dubuque Children's Zoo Boosters for
operation of the Storybook Hill
Children's Zoo, Buol moved that the
communication be 'eceived and filed
and approved the recommendation.
Seconded by Nicholson Motion
carded 7-0.
Zoning Advisory Commission
advising of their approval of plat of
survey for Lots 16, 'I7, E and F, Loras
Estates (requested by Ron Smith),
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 102-00
RESOLUTION APPROVING THE
PLAT OF SURVEY LOTS 16, 17, E
AND F, LOP, AS ESTATES, IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been flied With
the City Clerk a plat of survey Lots 16,
17, E and FLoras Estates in the City
of Dubuoue, Iowa: and
Whereas. said survey plat has been
examined by the Zoning Advisory
Commission and had its approval
eneorsed thereon; and
Whereas. said survey plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating thereto.
~[OW THEREFORE, BE iT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the plat of survey
Lots 16. 17, E and FLoras Estates 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 plat
of survey.
Passed, approved and adopted this
20th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F Schneider City Clerk
Buol moved adoption of the
resolution. Seconded Dy Nicholson.
Motion carded 7-0
City Manager recommending
approval of a 180 day extension for
Jaeger Heights Subdivision No. 2,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Nicho[son. Motion
carded 7-0
RESOLUTION NO. 103-00
A RESOLUTION RESCINDING
RESOLUTION NO. 540-99 AND
APPROVING REAFFIRMING THE
FINAL PLAT OF LOTS I THRU 4 OF
BLOCK 4, LOTS 1 AND 2 OF BLOCK
5, AND LOTS '1 THRU 3 OF BLOCK 6
OF JAEGER HEIGHTS SUBDIVISION
NO. 2, IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been filed with
the City Clerk a tinal plat of Lots 1 thru
4 of Block 4: Lots I and 2 of Brock 5
and Lots 1 thru 3 of Block 6 of Jaeger
Heights Subdivision No. 2 in the City of
Dubuque, iowa; and
Whereas, upon safd fihal plat
appears, streets to be known as Jaeger
Ddve and Bianca Drive (Lot A),
together with certain public utility and
sanitary sewer and storm 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 fina plat has been
reviewed by the City Planner anci had
her approval endorsed thereon, subject
[o the owners agreeing to the
conditions noted in Section 2 below;
and
Whereas, said fina 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;
Whereas, the City Council concurs
in the conditions of approval
established by the Zoning Commission
and the City Planner.
NOW. THEREFORE, BE
RESOLVED 9Y THE CITY COUNCIL
OF THE CITY OF DUBUQUE, OWA:
Section 1. That Resolution No. 540-
99 is hereby rescinded.
Reqular Session; M~J~ 20i~2000
93
Section 2. That the dedication of
Jaeger Drive and Bianca Ddve (Lot A)
together with the easements for public
utilities, sanitary sewer, storm sewer
and water mains as they appear upon
said final plat, be and the same are
hereby accepted; and
Section 3. That the final plat of Lots
1 thru 4 of Block 4, Lots 1 and 2 of
Block 5, and Lots 1 thru 3 of Block 6 of
Jaeger Heights Subdivision No. 2, is
hereby reaffirmed and the Mayor and
City Clerk are hereby authorized and
directed to endorse the reaffirmation 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 Jaeger Drive and Bianca
Ddve 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 Cb of Dubuque
standard specifications, all 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 install sanitary sewer mains and
sewer service laterals into each
indMdual tot, 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, alt in a manner
acceptable to the City Engineer~ and in
accordance with construction
improvement plans approved by the
C~y 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
d. To maintain the public improvements
for a pedod of two (2) years from the
date of acceptance of those
improvements by the City of Dubuque,
Iowa, at the sole expense of the
owners or future owners.
And further provided that said Al
Gudenkauf, as owner 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
abutiJng the public tights-of-way,
including Lots with multiple frontages,
as required by City Code 41-161
through 41-164. The responalbility
shall extend to all successors, heirs
and assignees. Sidewalk installation
will not be required until the
development of the [et 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. Thatthe final acceptance
of all public improvements shall occur
upon certification Of the City Engineer
that all public improvements have been
completed in accordance with the
Improvement plans and City standard
specifications.
Section 6. That in the event Al
Gudenkauf shall fail to execute the
acceptance and furnish the guarantees
)rovided 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 the plat shall
not be effective.
Passed, approved and adopted this
20th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nichalson.
Motion carried 7-0.
ACCEPTANCE OF
RESOLUTION NO. 103-00
I, the undersigned, Al Gudenkauf,
having read the terms and conditions of
the Resolution No. 103 -00, and being
familiar with the conditions thereof,
hereby accept the same and agree to
the conditions required therein.
Dated this day of 2000.
NOT SIGNED AS OF APRIL 20,
2000
By;
Al Gudenkauf
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
acceptance of Dubuque Greyhound
Park and Casino Parking Lot
Improvements 1997 Project,
)resented and read. Buel moved that
the communication be received and
flied. Seconded by Nichblson. Motion
carried 7-0.
94 Regular Session, March 20, 2000
RESOLUTION NO. 104-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Dubuque Greyhound Park & Casino
Parking Lot Improvements - 1997 has
been completed and the City Manager
has examined the work and filed his
ceCdficate stating that the same has
been completad 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. 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
$297~519.41 in amount equal [o the
amount of this contract, less any
retained percentage provided for
therein.
~assed, approved and adopted this
20th day of March: 2000.
-'errance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Buol moved adoption of [he
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 105-00
FINAL ESTIMATE
Whereas. the contract for the
Dubuque Greyhound Park & Casino
Parking Lot Imorovemems - 1997 has
been completed and the City Engineer
has submitted his final estimate
showin~c the cost thereof including the
cost of estimates, notices and
inspection and all miscellaneous cos[s:
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cos[ of said
improvement is hereby detarm[ned to
be $297,519.41 and the said amount
shall be paid from the Depreciation and
Improvement Funds of the Greyhound
Park & Casino of the City. of Dubuque,
Iowa.
Passed, approved and adocted this
20th day of Mamh, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending an
amendment [o the approved Urban
Revitalization Applications remowng
four ineligible properties, presented
and read. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 106-00
RESOLUTION AMENDING
RESOLUTION NO. 57-00 BY
REMOVING CERTAIN RESIDENTIAL
PROPERTY TAX EXEMPTION
APPLICATIONS FROM THE LIST OF
APPROVED APPLICATIONS FOR
TRANSMITTAL TO THE CITY TAX
ASSESSOR
Whereas, by Resolufion 57-2000,
the City Council approved a list of
residential property tax exemption
applic~ons and directed that said list
be forwarded to the City Assessor as
provided in Chapter 404 of the Code of
Iowa, the Urban Revitalization Act and
Whereas, the City Assessor ~es
advised that certain of the applications
may not qualify for exemption under the
City's Urban Revitalization Plans which
limit exemptions to residential property
and to commercial properly consisting
of three or more residential units with
not less than seventy-five percent of
the space used for residential
purposes: and
Whereas, upon rewew by me
Housing Ser,,ices Department, it has
been determined that the following
applications do not qualify for
exemption under [he City's Urban
Revitalization Plans:
West 11~ Street Urban Revitalization
Area
J. Thomas Zaber, 1005 Locust Street
Weshineton Street Urban Revitalization
Area
Upholsterers Credit Unior 1402 White
Street
Pablo and Julie Ramirez, 1564 Central
Avenue
Maximo Damaso, 1876 & 1876 ~
Central Avenue
~lOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the above-described
tax exemption applications do not meet
the eligibility requirements of the City of
Dubuque's Urban Revitalization Plan.
Section 2. That Resolution No. 57-
00 is hereby amended by deleting the
above-described tax exemption
applicafions from said Resolufion as
approved by the City Council.
Section 3. That the City Clerk is
hereby authorized ane directed to
forward a copy of this Resolution to the
Regular Session,*Marcll 20~ 2000 9";
City Assessor.
Passed, approved and adopted this
20= day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo[ moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending an
amendment to the Fiscal Year 2000
Human Rights Department Budget in
response to a $44,000 con~act with
HUD, presented and read. Buol moved
that the communication be received
and filed and recommendation
approved. Seconded by Nicholson.
Motion carried 7-0.
Communication from U.S.
Department of Housing and Urban
Development, upon motion received
and filed and refer to the City Manager.
Budi moved that the communication be
received and filed and matter referred
to the City Manager. Seconded by
Nicbolson. Motion carded 7~0.
Request of Dubuque Golf and
Country Club to display fireworks on
Ju~y4, 2000, prssented and read. Buol
moved that the communication be
received and filed and request
approved. Seconded by Nichdison.
Mofion carded 7-0.
Refund requested by Smoke Shack
Bar-B-Q, Inc. in amount of $150.00 for
unexpired Class B Beer Permit.
presented and read. Budi moved that
the refund be approved and Finance
Director to issue proper check.
Seconded by Nichdison. Motion
carded 7-0.
RESOLUTION NO. 107-00
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 tiled
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.
CEASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Lana LuGrain P.J?s Tap
+(Sunday Sale) 500 Rhomberg Ave
Fraternal Order of Eagles #568
Eagles Club+(Sunday Sale)
1175 Century Dr
Passed, approved and adopted this
20th day of March, 2000.
Terrance M. Duggan~ Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolufion. Seconded by Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the
Council to express their desire to serve
on the fullowing Bcards/Commiesions:
AIRPORT COMMISSION: Applicants -
R.J. Blocker, Don Hedeman, Nancy
Ann Hailing, Jim O'Neill, Richard
Wertsberger. R.J. Blocker, Don
Hedeman, Nancy Ann Hailing, Jim
O'Neill and Richard Wertsberger all
spoke requesting consideration for
appointment.
ZONING BOARD OF ADJUSTMENT:
Applicant - Michael A. Ruden. No one
spoke.
Micha[ski moved to suspend the
rules to allow anyone present to
address the Council. Seconded by
Robbins. Motion carried 7-0.
Proof of Publication on Notice of
Public Headng to consider disposing of
City's interest in property by easement
agreement, Communication of City
Manager recommending apprevai of an
easement agreement between the City
and AT&T Cable Services, !nc., for the
installation and operation of an optical
fiber communication cable within
sections of City-owned conduit, and
communication of Linus F. Rothmeyer,
N[CC Board of Trustees, in support of
agreement, presented and read. Buol
moved that the proof and
communications be received and filed.
Seconded by Nichdison~ Motion
carded 7-0.
RESOLUTION NO. 108-00
A RESOLUTION OF THE CITY OF
DUBUQUE APPROVING OF AN
EASEMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND
AT&T CABLE SERVICES FOR THE
INSTALLATION AND OPERATION OF
A FIBER OPTIC COMMUNICATION
CABLE WTFHIN SPECIFIC SECTIONS
OF CITY-OWNED CONDUIT.
Whereas, the City Council of the City
of Dubuque, Iowa encourages the
96 Regular Session, March 20, 2000
extension of the distance learning
capabilities and services of the Iowa
Communications Network (ICN) ro
schools, colleges, libraries
govemment and other public entities
within the corporate limits of the City of
Dubuque, and
Whereas, Northeast Iowa
Community College (N.I.C.C.) has
invested considerable resources and
institutional commitment to the
remodeling and maintenance of a
Dubuque Downtowr Learning Center
which wil[ include an ICN distance-
earning classroom, and
Whereas, pursuant to its franchise
and other agreements with the City of
Dubuque, AT&T Cable Services
installed and maintains optical fiber
links between the Iowa
Communications Network point-of-
presence at 1515 W. 3rd St., and
schools, colleges, ibrariss and other
public entities through the c~, anc
Whereas representatives of the
C~, ICN, N.I.C.C.. and AT&T ~ropose
a physical route and terms of an
Easement Agreement to connect the
N.I.C.C. Downtown Learning Center to
the Iowa Communications Network via
AT&T optical fiber, including an
approximate 500 ft. segment within
City-owned conduit from the Dubuque
Law Enforcement Center (DLEC) and
the N.I.C.C. Learning Center. and
Whereas. the City Council finds the
terms of the proposed Easement
Agreement to be reasonable, fair to all
parties and beneficial to the
community.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OFTHE ClTYOF DUBUQUE IOWA:
Section 1. That the attached
Easement Agreement is hereby
approved and the City Manager is
authorized to sign and administer this
agreement on behalf of the City of
Dubuque.
Passed. approved and adopted this
20th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nicholson.
Motion carried 7-0.
Proofs of Publication on Notice of
Headng om City's intent to dispose of
/he City's interest in Lot 356A of Ham's
Addition. and City Manager
recommending to oroceed with
vaca~ng and disposal of rea[ estate to
Dubuque Boat Club, Inc presented
and read. Robbins moved that the
proofs and communication be received
and filed. Seconded by Nicho[son.
Motion carried 7-0.
RESOLUTION NO. 109-00
RESOLUTION DISPOSING OF CITY
INTEREST IN LOT 356A OF HAM'S
ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, pursuant to resolution and
published notice of time and place of
headng published in the Telegraph
Herald. a newspaper of general
circulation published in the City of
Dubuque iowa on the 10th day of
March. 2000, the City Council of the
City of Dubuque, Iowa met on the 20th
day of March, 2000, at 6:30 p.m. in the
Public Library Auditorium 11th and
Locust. Dubuque, Dubuoue, County,
Iowa to consider the proposal for the
sale of real estate eescribed as:
Lot 356A of Ham's AddiSon 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 writta~ 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 properly described as
Lot 356A of Ham's Addition in the City
of Dubuque, Iowa to Dubuque Boat
Club. inc. Oe and the same is hereby
approved for the exchange of deeds for
Lots 350, 351,352. and 353 of Ham's
Addition. plus cost of publication,
olatting and filing fees. Conveyance
shall be by Quit Claim Deed.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the right of ingress
and egress thereto, for the purpose of
erecting, installing, construction,
reconstructing, repainng owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cadie, floodwa[] levee and electric lines
as may be authorized by the C~ of
Dubuque. Iowa.
Section 3. That the Mayor be
authorized and directed to execute a
Quit Claim Deed. and the City Clerk be
and is hereby authorized and directed
to deliver said deed of conveyance to
Dubuoue Boat Club. Inc. upon receipt
of the purchase price in full.
Section 4. 'That the City Clerk be
and is hereby authorized and directed
to record a ce~fied copy of this
Regular Session, March 20~2000
97
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this
20th day of Mamh, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution: Seconded by Nichoison.
Motion carded 7-0.
Proofs of Publication on Notice of
Hearing on Plans and Specs and
Notice to Bidders on the Receipt of
Bids for Highway 20 Landscape Design
Bid Package #1 and City Manager
recommending to award contract for
project, presented and read. Markham
moved that the proofs and
communication be received and filed.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 110-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 21st day of
February, 2000, plans, spec'r~cations,
form of contract and estimated cost
were filed with the City Clerk of
Dubuque, Iowa for the HIGHWAY 20
LANDSCAPE DESIGN BID PACKAGE
#1.
WHEREAS, notice of headng 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, spec'r~cations,
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
20th day of March, 2000.
Torrance M. Duggan, Mayor
Attest Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Cline.
Motion carded 7-0.
RESOLUTION NO. 111-00
AWARDING CONTRACT
WHEREAS, sealed proposals have
been subm~ed by contractors for the
HIGHWAY 20 LANDSCAPE DESIGN
BID PACKAGE #1 pumuant to
Resolution No. 66-00, and notice to
biddem published in a newspaper
published in the City of Dubuque, Iowa,
on the 10th day of March, 2000.
WHEREAS, said sealed proposals
were opened and read on the 7th day
of March, 2000, and it has been
determined that the bid of THE
NAUMAN NURSERY in the amount of
$446,774.42 was the lowest bid for the
furnishings of all labo~ and msterials
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 THE
NAUMAN NURSERY, 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
20th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the
Resolution. Seconded by Cline.
Motion carried 7-0.
Proofs of Publication on Notice of
Headng on Plans and Specs and
Notice to Bidders on the Receipt of
Bids for Asbestos Remova~ from the
Dolan Building and City Manager
recommending to award contract for
project, presented and read. MichaiskJ
moved that the proofs and
communications be received and filed.
Seconded by Robbins. Motion carded
7-0.
RESOLUTION NO. 112-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS FOR
ASBESTOS REMOVAL FROM THE
DOLAN BUILDING (330-336 MAIN
STREET)
Whereas, on the 15"' day of March,
2000, plans, specifications, form of
contract and estimated cost were flied
With the C~ Clerk of Dubuque, iowa
for the Dolan Building (330-336 Main
Street) asbestos removal.
Whereas, notice of headng 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
98 Regular Session, March 20, 2000
hereby approved as the plans,
specifications, form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
20th day of Mamh, 2000;
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution. Seconded by Robbins.
Motion carded 7-0.
RESOLUTION NO. 113-00
RESOLUTION AWARDING
CONTRACT FOR THE DOLAN
BUILDING (330-336 MAIN STREET)
ASBESTOS ABATEMENT PROJECT.
Whereas, sealed proposals have
been submitted by contractom for the
Dolan Building (330-336 Main Street)
Asbestos Abatement Project pursuant
to :~esolution No. 92-00 and notice re
bidders published in a newspaper
3ublished in the City of Dubuque_ Iowa
on the 8th day of Mamh, 2000.
Whereas, said sealed proposals
were opened and read on the 15~ day
of March, 2000 and it has been
determined that the bid of Active
Thermal Concet~ts, Inc., of Cedar
Rapids, Iowa ~F the amount of
$12.904.00 was the lowest bid for the
furnishings of al; labor and materials
and performing the work as provided
for in the ptans and specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thatthe contract for the
above 'mprovement be awarded to
Active Thermal Concepts, Inc., and the
City Manager be and is hereby directed
to execute a contract on behalf of the
City of Dubuque for the complete
performance of the work.
Section 2. That upon the s~gning of
said contract and the approval of the
contractor's bond, the City Treasurer is
authorized and instructed to return the
bid deposits ct the unsuccessful
bidders.
Passed. approved and adopted this
20~ day of March. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoetion of the
Resolution. Seconded Dy Robbins
Motion carried 7-0.
Buo] moved that the rules be
reinstated limiting discussion to
Council. Seconded by Robbins
Motion carried 7-0.
Jeff Mozena gave a verbal reaor~ on
the Historic Preservation Seminar.
City Manager recommending
approval of construction ordinance
allowing Ka[mes Breaktime Bar and
Grill to encroach in public right-of-way
at 1097 Jackson Street, presented and
read. Buol moved that the
communication be received and filed.
Seconded by N[choison. Motion
carried 7-0~
An Ordinance Authorizing Michael H.
Kalmes to construct two door openings
(one with ramp, railing, and landing),
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 26-00
AN ORDINANCE AUTHORIZING
MICHAEL H. KALMES TO
CONSTRUCT TWO DOOR
OPENINGS (ONE WITH RAMP,
RAILING, AND LANDING)
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That Michael H. Kalmes
as the owner of the premises known as
Kalmes Brea~me, Dubuque, Iowa,
and legally described as 1097 Jackson
- N ½ CL388 be and they are hereby
granted the revocable permit ane
authority to construct and maintain two
door openings (one w~th ramp, railing,
and landing) under the terms and
conditions set forth in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approvea by the City Manager, uneer
the supervision ano direction of the C~
Manager, ano iF accordance with all
applicable state and federa ~aws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly cond~oned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said two door openings
(one with ramp, railing, anc landing);
and
b. Procure and maintain in force during
the term of this permit a policy of
liability insurance as set forth in the
attached insurance Schedule: and
c. Pay on behalf of the City of
Dubuque, ail sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
Regular Session, March 20i 2000
9q
of any kind resulting from the location,
installation, existence, construction or
maintenance of said two door openings
(one with ramp, railing; and ~anding)
sustained by any person or persons,
caused by accident or otherwise to
defend at its own expense and on
behalf of said City any claim against
the City of Dubuque adaing out of the
location, installation, existence,
construction or maintenance of two
door openings (one with ramp, railing,
and landing) and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injudes to
third persons or damages to property of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement permitted heroin.
Section 4. That the permission
herein granted is expressly conditioned
upon permittees' further agreement that
should the dght and privilege herein
granted be rescinded or revoked by the
City Council, permit'tees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said ramp/landing/
/door opening and in the event of their
failure to do so, the City of Dubuque
shall be authorized to remove said two
door openings (one with ramp, railing,
and landing) at permittees' expense
and dispose of the same, and the
permittee shall have no claim against
the City or its agents for damages
resulting from the removal of said two
door openings (one with ramp, railing,
and landing).
Section 5. That permittees covenant
and agree that the revocable permit
herein granted does not constitute an
approval of the design, erection,
location, construction, repair or
maintenance of said facility and said
permittees hereby covenant and agree
not to assert such claim or defense
against the City of Dubuque in the
event of claim aeser~ed for death,
personal injuries and/or property
damage against the permittees adaing
out of or in any way connected with the
location, instailstion; construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the dghts
hereunder accrue to Michael H.
Kaimes when this Ordinance has been
adopted by the City Council and the
terms and conditions thereof accepted
by permittsas by acceptance endorsed
on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
fie at permittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa.
Passed, approved and adopted this
20th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO; 26-00
The undersigned having read and
being familiar with the terms and
conditions of Ordinance No. 26-00
hereby, for themsaives, their
successors or assigns, as owners of
the abutting property, accept the same
and agree to be bound by the
conditions and agreements therein
contained to be performed by
permittees.
By: Michael H. Kaimes
Owner
Dated: 02-29-00
Published officially in the Telegraph
Herald newspaper this 24th day of
March, 2000.
Jeanne F. Schneider, City C~erk
It 3/24
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.
City Manager recommending
adoption of the 1997 Uniform Building
Code with amendments, presented and
read. Buol moved that the
communic~on be received and filed.
Seconded by Nichdison. Motion
carried 7-0.
A~ Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa by
repealing Section 11-1 and Section 11-
2 and enacting new Sections 11-1 and
11-2 in lieu thereof adopting the 1997
Uniform Building Code for the City of
Dubuque, Iowa and providing for the
issuance of permits and collection of
fees therefor, presented and read.
tOO Regular Session, March 2{), 2000
(OFFICIAL PUBUCATION)
ORDINANCE NO. 27-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BY REPEALING
SECTION 11-1 AND SECTION 11-2
AND ENACTING NEW SECTIONS 11-
1 AND 11-2 IN LIEU THEREOF
ADOPTING THE 1997 UNIFORm1
BUILDING CODE FOR THE CITY OF
DUBUQUE, IOWA AND PROVIDING
FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES
THEREFOR,
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. That Section 11-1 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended by
repealing Section 11-1 and enacting a
new Section 11~1 in lieu thereof as
fallows:
Sec. 11-1 Uniform Building Code -
Adopted.
Except as hereinafter added to.
deleted, modified or amended, there is
hereby adopted by reference as the
building code of the city that certain
building code known as the Uniform
Building Code. 1997 Edition Volumes
1-3 and as prepared and edited by the
International Conference of Building
Officials of Whittier. California, and the
provisions of such building coco shall
be controlling in the construction of
buildings and other structures and in all
matters covered by such .building code
within the corporate limits of the city
and shall be known as the "Dubuque
Building Code." A copy of the Uniform
Building Code. 1997 Edition as
adopted, shall be on tile in the office of
the city clerk for public inspection.
Section 2 That the Code of
Ordinances of the City of Dubuque,
Iowa be amended by repealing Sedan
11-2 and enacting a new section 11-2
in lieu thereof as follows:
Section 11-2. The code adopted by
Section 11-1 of this chapter is hereby
amended as follows:
Sec. 101.3 Section 101.3 "Scope" is
hereby amended by repealing Sec.
101.3 and enacting a new Sec. 101.3
to read as follows:
Sec. 101.3 Scope. The provisions of
this code shall apply to the
construction, alteration, moving,
demolition repair, maintenance and
use of any building or s~ruc[ure within
this jurisdiction, e×cec[ work located
primarily in a public way, public utility
towem and poles mechanical
equipment not specifically regulated in
this code, an(: nydraulis flood control
struouJres.
For additions alterations, moving
and maintenance of buildings and
structures, see Chapter 34. For
temporary buildings and structures see
Section 3103 and Appendix Chapter
31.
Histodc buildings. ReBaits
alterations and additions necessary for
the preservation, restoration
rehabilitation= continued use or change
of use of a histodc building may ~e
made in compliance with the provisions
of the 1997 Edition of the Uniform
Code for Building Conservation
(UCCC).
Where, in any specific case, different
sections of this code specify different
materials methods of construction or
other requirements, the most restrictive
shall govern. Where there is a conflict
between a general requirement and a
specific requirement, the specific
requirement shall be applicable.
Wherever in this code reference is
made to the appendix, the provisions in
the appendix shall not apply unless
specificaliy adopted.
Sec. 104.1 Section 104.1. "Creation
of Enforcement Agency," is hereby
amended by repealing such section
and replacing such section with a new
section in lieu thereof as follows:
Sec. 104.1 Creation of Enforcement
Agency
(a) Creation of depar~men[. There is
hereby established in the city the
building services department, which
shall De under the jurisdictio~ of the
building official.
(b) Appointment of Building Official.
The building official shall be appointed
by and serve at the pleasure of the city
manager.
Sec. 102. Section 102, "Unsafe
Buildings or Structures" is hereby
amended by repealing such sec'don
and replacing such section with a new
section in lieu thereof as follows:
Sec. 102. Unsafe Buildings or
Structures
All buildings or structures regulated
r~y this code which are structurally
unsafe or not provided with adequate
egress or which constitute a tire
hazard, or are otherwise dangerous to
human life are, for the purpose of this
section, unsafe. Any use of buildings
or structures constituting a hazard to
safety, health or public welfare by
reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard
disaster r~amage or abandonment is
Reqular Session~ March 20~ 2000
101
for the purpose of this section, an
unsafe use. Parapet walls, cornices,
spires, towers, tanks, statuary and
other appendages or structural
members which-are supported by,
attached to, or a part of a building and
which are in deteriorated conditon or
othec,vise unable to sustain the design
loads which are specified in this cede
are hereby designated as unsafe
building appendages.
All such unsafe buildings, structures
or appendages are hereby declared to
be public nuisances and shall be
abated by repair, rehabilitation,
demolition or removal in accordance
with the procedures set forth in ACdcfe
II of Chapter 11 of the Code of
Ordinances.
Sec. 105. Section 105, "Board of
Appeals," is hereby amended by
repealing such section and replacing
such section with a new section in lieu
thereof as follows:
Sec. 105. Building Code and
Advisory Appeals Board.
(a) Board Established. In order to
determine the suitability of alternative
building materials and methods of
building construction, to provide for
reasonable interpretation of the
provisions of the building code, and to
advise the city council on all building
construction regulations and
procedures, there is hereby created the
building code advisory and appeals
board.
(b) Msmbership. The building code
advisory and appeals board shall
consist of tive (5) members appointed
by the city council One (1) member
shall be an architect or engineer
registered in the State of Iowa, one (1)
member shall be a general building
construction contractor, one (1)
member shall be a journeyman
carpenter, and two (2) members shall
be from the public at large.
(c)Term of Office. Thetarm of office
of all board members shall be for three
(3) years, except that initial
appointments of one (1) member shall
be for a term ef one (1) year, two (2)
members for two-year terms and two
(2) members for three-year terms.
(d) Rules and Regulations. The
board shall make such rules and
prescribe such procedures as may be
reasonably necessary for its operation,
except that such rules shall include the
following:
(1) Board Chairperson. The
chairperson of the board shall be a
member of the board elected annually
by a majodty of the board.
(2) Secretary of the board. The
building official, or designee, shall be
secretary of the board: The secretary
shall arrange for meetings and prepare
and keep such minutes and records
and perform such other cledcal work as
the board may direct.
(3) Quorum. Three (3) members
shall constitute a quorum. The
concurring vote of three (3) members
of the board shall be necessary to pass
any motion.
(4) Service until appointment of
successor. Upon completion of the
term of office, members of the bUilding
code board shall continue to serve in
I their fu capacity uffidl their successor
has been duly appointed.
(5) Meetings. The building code
board shall meet upon call of the
chairperson, secretary or city manager.
Members of the building code board
shall attend at least two-thirds of all
scheduled meetings within a twelve~
month pedod. If any member does not
attend such prescribed number of
mes'~ngs, it shall constitute grounds for
the board to recommend to the city
council that said member be replaced.
(6) Attendance. The attendance of
all members shall be entered on the
minutes by the secretary.
(7) Conformity with open meetings
law. All meetings shall be held in
conformance with provisions of the
Iowa Open Meetings Law.
(8) Minutes. The building code
board shall file with the city council a
copy of the minutes of each meeting of
the board within ten (10) working days
after such meeting.
(9) Administrative policies. All
administrative, personnel, accounting,
budgetary, and procedural policies of
the city shall govern the building code
board in all of its operations.
(10) Duties when serving as an
appeals board. Any person who is
aggrieved by a decision of the building
official on any requirements resulting
from the enforcement of the building
code, may appeal from such decision
to the building code board and said
board shall serve as an appeal board.
In case the aggrieved party is a
member of said board, said member
shall be disqualified as a member of
the board acting as an appeal board,
until the person aggrieved has been
heard and a decision rendered.
The appeal shall be made by the
person aggrieved, giving written notice
of such appeal to the building official
within seven (7) days of receipt of
decision from which the appeal is
102 Regular Session, March 20, 2000
taken. The building code board sitting
as an appeal board shall meet within
ten (10) working days after receMng
such notice and render a decision
within five (5) working days thereafter.
Any interested party, including the
building official, shall have the right to
present their case to the appeal board,
whose decision shall be final unless
appealed to the district court as
provided by law.
The board of appeals may reverse or
modify a decision of the building official
only on finding that:
a. The building official had
incorrectly interpreted the provision of
this code:
b. The decision of the building official
creates an unnecessary hardship upon
the appellant.
The board of appeals shall require
that sufficient evidence or proof be
submitted to substantiate any claims
made regarding the use of alternates.
All appeal hearings shall be
conducted in accordance with the
procedures specified in this code.
(e) Limitations of Authority. The
Board of Appeals shall have no
authority relative to interpretation of the
administrative provisions of this code
nor shall the Board be empowered to
waive requirements of this code.
In so modifying or reversing such
decision of the building official, the
boarc of appeals may authorize any
alternate to the decision of the building
official anc~ the pro~s~ons, provided it
finds the proposed material or method
of construction is satisfactory for the
use intended and complies with the
provisions of this code. aha that the
material, method or work offered is. for
the surpose intended, at least
equivalent to that prescribed by this
code in suitability, strength,
effectiveness, durability, fire resistance
and safety.
Sec. 103 Section 103, "Violations" is
hereby amended by repealing such
section and replacing such section with
a new section in lieu thereof as follows:
Sec. 103 Violations
It shall be unlawful for any person,
firm or corporation to erec~ construct,
enlarge, alter, repair, move, ~mprove,
remove, convert or demolish, equip,
use. occupy or maintain any building or
structure or cause or permit the same
to be done in violation of this code.
The doing of any ac~. or the emission
of any act. declarea to be un[awful by
this code. or any coae or ordinance
herein adopted by reference shall be
deemed a separate offense for each
and evep/day or portion thereof during
which any such unlawful act is
committed, continued or permitted and
upon conviction shall be punishable as
provided in Chapter I of the Code of
Ordinances. The penalty herein
provided shall be cumulative with and
in addition to the revocation,
cancellation or forfeiture of any license
or permit elsewhere in this code
provided for violation thereo, f,. ,,
Sec. 106 Section 106, Permits, is
hereby amended by repealing
subsection 106.2 and replacing such
subsection with a new subsection in
lieu thereof as follows:
Sec. 106.2 Exempted Work. A
building permit shall not be required for
the following:
1. One-story detached accessory
buildings used as tool and storage
sheds, playhouses and similar uses,
provided the floor area does not
exceed one hundred frfty (150) square
feat
2. Fences.
3. Oil derricks.
4. Movable cases, counters and
partitions not over five (5) feet nine (9)
inches high.
5 Retaining wails which are not
over 4 feet in height measured from the
bottom of the footing to the top of the
wall, unless supporting a surcharge or
impounding Class I. II or III-A liquids.
6. Water tanks supported directly
upon grade if the capacity does not
exceed five thousand (5,000) gallons
and the ratio of height to diameter or
width does not exceed two [o one (2:1).
7. Platforms. walks and driveways
not more than thirty (30) inches above
grade and not over any basement or
story below
8 Painting, papering and similar
finish work.
9. Temporary motion 3icture
television and theater stage sets and
scenery.
10. Window awnings supported by
an exterior wall of Group R Division 3~
and Group U occupancies when
projecting not more than fifty-four (54)
inches.
11. Prefabdcatec swimming pools
accessory to a Group ~. Division 3
occupancy in which the pool walls are
entirely above the adjacent graee and
if the capacity does not exceed five
thousand (5,000) gallons.
Unless otherwise exempted
seoarate plumbing, electrical anc
mechanical permits will be required for
the above exempted items
Exemption t~rom the permit
Reqular Session, March 20~ 2000
requirements of this code shall not be
deemed to grant aothor~zation for any
work to be done in violation of the
provisions of this code or any other
laws or ordinances of this jurisdiction.
Sec. 106.4 Section 106.4, "Permits
Issuance," is hereby amended by
repealing subsection 106:4.1,
"issuance," and replacing such
subsection with a new subsection in
lieu thereof as follows:
Sec. 106.4.1 Issuance. The
application, plans and spealficaitons
and other data, filed by an appficant for
a permit shall be reviewed by the
building official. Such plans may be
reviewed by other departments of this
jurisdiction to verify compliance with
any applicable laws under this
jurisdiction. If the building official finds
that the work described in an
application for a permit and the plans,
specifications and other data flied
therewith conform to the requirements
of this code and other pertinent laws
and ordinances, and that the fees
specified in Section 107 have been
paid, he sharl issue a permit therefor to
the applicant
Exception: Approval of the
applicafion, plans and specifications,
and other data, filed by an applicant for
a permit shall in no way constitute an
appreval of the structural sufficiency of
any building or structure and it is
incumbent upon the applicant and/or
owner to seek independent review of
the building plans in order to insure
adequate building integrity and
structural sufficiency~
When the building official issues the
permit where plane are required, he
shall endorse in writing or stamp the
plans and specifications "APPROVED."
Such approved plans and
specifications shall not be changed,
modified or altered Without
authedzafion from the building official,
and all work regulated by this code
shall be done in accordance with the
approved plans.
The building official may issue a
permit for the construction of part of a
building or structure before the entire
plans and specifications for the whole
building or structure have been
submitted or approved, provided
adequate information and detailed
statements have been t'ded complying
with all pertinent requirements of this
code. The holder of such permit shall
proceed at his own dsk without
assurance that the permit for the entire
building or structure will be granted.
Sec. 107 Section 107, "Fees,"
hereby is amended by repealing
subsection 107.2, "Permit Fees," and
subsection 107.3, "Plan Review Fees,"
and replacing such subsections with
new subsections in lieu thereof as
follows:
107.2 Permit Fess. Thefeefor each
~ermit shall be as set forth in Table No.
l-A. The determination of value or
valuation under any of the provisions of
this code shall be made by the building
official. The value to be used in
computing the budding permit fee for
new construction shall be the cost of all
building materials and the usual cost of
labor whether such labor ia performed
by the owners at others. Such
valuation may exclude the cost of the
lot or improvements to the/at such as
grading, landscaping, walks or drives,
and/or the cost of the air conditioning,
electrical, heating, plumbing or
ventilation systems, for which separate
inspecfion fees are charged; however,
the approximate value of these items
shall be shown on the permit in the
space provided for that purpose.
The valuations for alterations,
repairs, replacement or remodeling
shall include the cost of matadals and
the usual cost of labor, whether such
labor is performed by the owner or by
others, for the installation or
construction of any repair, replacement
or remodeling which becomes an
integral part of the building or structure.
The payment of fees under this
section of the code shall not relieve the
applicant, permit holder or other
~ersons from the payment of any other
fee or fees that may be prescribed by
this code, by law or by ordinance. No
fee shall be required for buildings
owned and used exclusivaly by the city.
107.3 Plan Review Fees; When a
plan or other data is required to be
submitted by subsection 106.3.2 of this
code, a plan review fee shall be due
and payable prior to the issuance of a
~ermit. Such plan review fee shall be
esset forth in Table No: 1-A.
The plan review fees specified in this
subsection are separate fees from the
)ermit fees specified in Section 107.2
and are in addition to the permit fees.
When plans are incomplete or
changed so as to require additional
plan review, an additional plan review
fee shall be charged as set forth in
Tabla No. I-A.
Table No. I-A - BUILDING PERMIT
FEES
1. Permit Issuance Fee for each permit
$5.00
2. Valuation Fee Schedule (in addition
104 Regular Session, March 20~ 2000
to permit issuance fee)
$1.00 to $500.00 $10.00
$501.00 to $2,000.00
$10;00 for the first $500.00, plus
$1.'60 for each additional $100.00
or fraction thereof, to and including
$2,000.00
$2,001.00 to $25,000.00 $34.00 for the
first $2,000.00, plus$6.40 for each
additional $1,000.00 or fraction
thereof, to and including $25,000;00.
$25,001.00 to $50,000~00 $181.20
for the first $25,000.00,
plus $4:80 for each additional
$1,000.00 or fraction thereof, to
and including $50,000.00.
$50,001.00 to $100,000:00
$301.20 for the first $50;000.00,
plus $3.20 for each additional
$1000.00 or fraction thereof, to
and including $100,000.00.
$100,001.00 and up $461.20 for
the first $100,000.00,
plus $2.70 for each additional
$1000.00 or fraction thereof.
Other Inspections and Fees
(1) PIan review fees when a plan is
required by section 302(b) of the code,
per hour of reviewtime . ~... $30.00*
(minimum of one-hour charge and
charged in 1/2-hour increments beyond
the first hour)
(2) Inspections outside of norma~
business hours, per hour ... $30.00*
(minimum charge of two (2) hours)
(3) Reinspection fee assessed under
provisions of Section 305(g), each ...
...................... $30.00*
(4) inspections for which no fee is
specifically indicated, per hour ......
........................ $30.00*
(minimum charge of 1/'2-hour)
(5) Additional plan review re~l~ired by
changes, addrdons or rews~ons to
approved plansl perhour ... $30.00*
(minimum charge of 1/2-hour)
* Or the total hourly cost to the
jurisdiction, whichever is the greatest.
This cost shall include outside plan
review expense, supervision, overhead,
equipment, hourly wages and fringe
benef'~ of the employees involved.
Sec. 310. Section 3101
"Requirements for : Group R
Occupancies" is hereby amended by
repealing subsection 310.4 "Access
and Means of Egress Facilities and
Emergency Escapes" and replacing
such secflon with a new subsection in
lieu thereof as follows:
Sec. 310 Requirements For Group R
Occupancies
Section 310.4 Access and Means of
Egress Facilities and Emergency
Escapes. Means of egress sl~all be
provided as specified in Chapter 10.
(See als0 Section 1007.6.2 for exit
markings.)
Access to, and egress from,
buildings required to be accessible
shall be provided as specified in
Chapter 11.
Basements in dwelling units and
every sleeping room below the fourth
story shall have at least one operable
window or door approved for
emergency escape or rescue that shall
open directly into a public street, public
alley, yard or exit court. The emergency
door or window shall be operable from
the inside to provide a full, clear
opening without the use of separate
tools.
EXCEPTIONS: 1. The window or
door may open into an atrium
complying with Section 402 provided
the window or door opens onto an exit-
access balcony and the dwelling unit or
guest room has an exit or exit-access
doop, vay that does not open into the
atrium.
2. Basements within Group R,
DMsion 3 Occupancies without
bedrooms that provide a second
stai~vay that terminates in a room
separate from the first stairway.
Escape or rescue windows shall
have a minimum net clear openable
area of 5.7 square feet (0~53 m2). The
minimum net clear openable height
dimension shall be 24 inches (610
mm). The minimum net clear openable
width dimension shall be 20 inches
(508 mm). When windows are provided
as a means of escape or rescue, they
shall have a finished sill height not
more than 44 ir~ches (1118 mm) above
the floor.
EXCEPTION: The finished sill height
may exceed 44 inches (1118 mm)
above the floor if approved by the
building ofl'~cial and the following
conditions are met:
1. The exterior finish grade is more
than 36 inches (914 mm) above the
intedor floor level of the room, OR
afiedng the exterior configuration of the
building would adversely affect the
historica] significance of the building.
2. A platform capable of supporting
a live load of 300 pounds shall be
permanently afl'[xed at the intedor of
the window. ~This platform shall be no
lower than 20 inches (508 mm) above
the floor and no higher than 36 inches
(914 mm) above thefloor. The distance
from the platform to the finished sill
height shall not exceed 36 inches (914
mm). The platform shall extend
out, Yard from the wall a minimum of 24
Regular Session, March 20; 2000
105
inches (610 mm) and shall be at least
as wide as the clear openable width of
the window.
3. The escape or rescue window
shall have a minimum clear cpenable
area of 9 square feet (0.84 m2), with a
minimum dimension of 36 inches (914
4. The building is equipped with
smoke detectors installed in
accordance with Section 310.9.
finished sill height below the adjacent
ground elevation shall have a window
well. Window wells at escape or egress
windows shall comply with the
following:
1. The clear horizontal dimensions
shall allow the window to be fully
opened and provide a minimum
accessible net clear opening of 9
square feet (0.84 m2), with a minimum
dimension of 36 inches (914 mm).
2. Window wells with a vertical depth
of more than 44 inches (1118 mm)
shall be equipped with an approved
permanently affixed ladder or stairs
that are accessible with the window in
the fully open position. The ladder or
stairs shall not encroach into the
required dimensions of the window well
by more than 6 inches (152 mm).
Bare, grilles, grates or elmilar
devices may be inatailed on emergency
window wells, provided:
1. The devices are equipped with
approved release mechanisms that are
openable from the inside without the
use of a key or special knowledge or
effort;
2. The building is equipped with
smoke detectors installed
accordance with Section 310.9.
Sec. 509. Section 509, "Guardrails"
is hereby amended by repealing
subsection 509.3 "Openings" and
replacing such section with a new
subsecfion in lieu thereof as follows:
Sec. 509 Guardralls
Section 509.3 Openings. Qpen
guardralls shall have intermediate rails
or an ornamental pattern such that a
sphere 4 inches (102 mm) in diameter
cannot pass through.
EXCEPTIONS: 1. The open space
between the intermediate rails or
ornamental pattern of guardrails in
areas of commercial and industrial4ype
occupancies which are not accessible
to the public may be such that a sphere
12 inches (305 mm) in diameter cannot
pass through.
2. The triangular openings formed by
the dser, tread and bottom element of
a guardrail at the open side of a
stairway may be of such size that a
sphere 6 inches (152 mm) in diameter
cannot pass through.
3. The measurement within Group R,
Division 3 OccuPancies and within
individual units of Group R, Division 1
Occupancies shall be made at 18
inches (462 mm)above the surface of
the stair tread.
For guardrail requirements at
grandstands, bleachers or other
elevated seating facil~es, see Section
1008.5.7.
Sec. 1003. Section 1003, "GenereF
is hereby amended by repealing
subsection 1003.3.3:6 "Handrails' and
replacing such section with a new
subsection in lieu thereof as follows:
Sec. 1003 General
Section 1003.3.3.6 Handrails.
Stairways shall have handrails on each
alde~ and every stairway required to be
more than 88 inches (2235 mm) ih
width shall be provided with not less
than one intermediate handrail for each
88 inches (2235 mm) of required width.
Intermediate handrails shall be spaced
approximately equally across with the
entire width of the stairway.
EXCEPTIONS: 1. Stairways less
than 44 inches (.1118 mm) in width or
stairways serving one individual
dwelling unit in Group R, Division 1 or
3 Occupancy or a Group R, Division 3
congregate residence may have one
handrail.
2. Private stairways 30 inches (762
mm) or less in height may have a
handrail on one side only.
3. Stairways having less than 4
dsers and serving one individual
dwelling unit in Group R, DMelon 1 or
3, or a Group R Division 3 congregate
residence or Group U Occupancies
need not have handrails.
The top of handrails and handrail
extensions shall not be placed less
than 34 inches (864 mm) nor more
than 38 inches (965 mm) above
landings and the nosing of treads.
Handrails shall be continuous the full
length of the stairs and at least one
handrail shall extend in the direction of
the stair run not less than 12 inches
(305 mm) beyond the top dser nor less
than 12 inches (305 mm) beyond the
bottom riser. Ends shall be returned or
shall have rounded terminations or
bends.
EXCEPTIONS: 1. Private stairways
do not require handrail extensions.
2. Handrails may have staffing or
volute newels within the first tread on
stairways in Group R, Division 3
106 Regular Session, March 20, 2000
Occupancies and within individual
dwelling units of Group R, DMsion 1
Occupancies.
3 Top rails may be interrupted by
newel posts or walls in Group R,
Division 3 Occupancies and within
thdividual dwelling units of Group R,
DMsion I Occupancies.
The handgdp portion of handrails
shall not be less than 1 1/4 inches (32
mm) nor more than 2 inches (51 mm)
in cress-sectional dimension or the
shape shall provide an equivalent
gripping surface. The handgrip portion
of handrails shatl have a smooth
surface with no sharp corners.
HandraiFs projecting from a wall shall
have a space of not less than 1 1/2
inches (38 mm) between the wall and
the handrail
Sec. 1203. Section 1203, "Light,
Ventilation in Group R Occupancies" is
hereby amended by repealing
subsection 1203.2 "Light" and
replacing such section with a new
subsection in lieu thereof as follows:
Sec. 1203 Light, Ventilation in Group
R Occupancies
Sec. 1203.2 Light. Guest rooms and
habitable rooros within a dwelling unit
or congregate residence shall be
provided with natural light by roeans of
extedor glazed openings with an area
not less than one tenth of the floor area
of such rooms with a minimum of 10
square feet.
EXCEPTIONS:
1 in detached one and two family
d~vellings, all habitable rooms shall be
provided natural light by means of
extedor glazed openings with an
aggregate glazed area of not less than
eight (8) percent of the floor area of
such rooms.
2. ~tchens in Group R Occupancies
may De provided with artificial light.
Sec. 1806. Section 1806, "Footings"
is r~ereby amended by repealing
subsection 1806.3 "Bearing Walls" and
replacing such section with a new
subsection in lieu thereof as follows:
Sec. 1806 Footings
Sec. 1806.3 Beadng WaiFs. Beadng
waifs shall be supported on masonry or
concrete foundations or piles or other
approved foundation system that shall
be of sufficient size to support all loads.
Where a design is not provided, the
minimum foundation requirements for
stud bearing walls shall be as set forth
in Table 18-I-C, unless expansive soils
of a severity to cause differential
movement are known to ex[st.
EXCEPTIONS: 1. A one-story wood-
or metal-frame building not used for
human occupancy and not over 400
square feet (37~2 m2) in floor area may
be constructed with walls supported on
a wood foundation plate when
approved by the building official.
2. The support of buildings by posts
embedded in earth shall be designed
as specified in Section 1806.8. Wood
posts or polss embedded in earth shall
be pressure treated with an approved
preservative. Steel posts or poles shall
be protected as specified in Section
1807.9.
3. Group R, Division 3 Occupancies
may use the following reinforcement
requirements for 8" (204 mm) thick
concrete foundation walls between 96
(2438 mm) and 120 inches (3048 mm)
in height: ~ bars 20 inches (508 mm)
on center ve~cally and #4 bars 24
inches (610 mm) on center horizontally.
Section 3. This Ordinance shall be in
effect after its final passage, approval
and publication as required by law,
Passed, approved and adopted this
20th day of March, 2000.
Terrence M. Duggen, Mayor
Attest: Jeanne Schneider, City Clerk
Published officially in the
Telegraph Herald newspaper this 24th
day of March, 2000.
Jeanne F. Schneider, City Clerk
1 t 3/24
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
NichoFson. Motion carded 7-0.
City Manager requesting direction on
whether to proceed with plans;
specifications and assessments for the
installation of sidewalks on Cedar
Cross Road and Center Grove Drive,
presented and read. Michalski moved
that the communication be received
and filed and directed staff to proceed
with the project. Seconded by
Markham. Motion carried 7-0.
City Manager recommending the
addition of a tenth Housing
Commissioner position in accordance
with HUD requirements, presented and
read. Michalski moved that the
communication be received and filed.
Seconded by BuoL Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances by repealing Subsection
15-23(a) relating to membership of the
Regular Session~ March 20~ 2000
107
Housing Commission and adopting in
lieu thereof a new Subsection 15-23(a)
relating to membership of the Housing
Commission; and adopting a new
Subsection t5-23(e) relating to
membership on the Commission by a
member of a Section 8 programs
resident board representative,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 28-00
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA, CHAPTER 15,
COMMUNITY DEVELOPMENT, BY:
REPEALING SUB-SECTION 15-23(A)
RELATING TO MEMBERSHIP OF
THE HOUSING COMMISSION AND
ADOPTING IN UEU THEREOF A
NEW SUB-SECTION 15-23(A)
RELATING TO MEMBERSHIP OF
THE HOUSING COMMISSION; AND
ADOPTING A NEW SUB-SECTION
15-23(E) RELATING TO
MEMBERSHIP ON THE
COMMISSION BY A MEMBER OF A
SECTION 8 PROGRAMS RESIDENT
BOARD REPRESENTATIVE.
Now, therefore, be it ordained bythe
City Council of the City of Dubuque,
Iowa:
Section 1. Section 15-23(a) of the
City of Dubuque Code of Ordinances is
hereby repealed, and the following new
Section 15-23(a) is hereby adopted in
lieu thereot
a) The Housing Commission shall be
comprised of a membership of ten (10)
persons.
Section 2. Section 15-23 of the City
of Dubuque Code of Ordinances is
hereby amended by adding the
following sub-seotion (e):
(e) One member of the Commission
shall be a person who is a recipient of
tenant-based rental assistance under
Section 8 of the United States Housing
Act of 1937 (42 USC 14370 whose
name appears on a lease of Section 8
property and who is eighteen years of
age or older. If such member ceases
to be a recipient of rental assistance
under Section 8, the term of such
member shall be deemed terminated
and a new member who meets the
requitements of this paragraph (e) shall
be appointed for the remainder of the
term.
Section 3. This ordinance shall take
effect immediately upon publication.
Passed, approved and adopted this
20th day of March, 2000.
Torrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper th}s 24th day of
Mamh, 2000.
Jeanne F. Schneider, City Clerk
It 3/24
Michalski moved to specify that the
new Commissioner have full status on
the Commission, thereby designating
"Option 1," 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
Robbins. Motion carded 7~0.
City Manager submitting documents
providing for the 2000 PC Concrete
Paving Project- No. 1 consisting of
College Street from Fifth to
Langworthy, Parkway, Douglas, and
Langworthy from College to Booth,
presented and read. Buol moved that
the .communication be received and
tiled. Seconded by Nichblson. Motion
carded 7-0.
RESOLUTION NO. 114-00
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 2000 P.C.
Concrete Paving Project - No. 1, in the
estimated amount of $1,376,057.51,
are hereby approved and ordered filed
in the office of the City Clerk for public
inspection.
Passed, adopted and approved this
20th day of March, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 115-00
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City
3f Dubuque; Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the 2000 P.C. Concrete
Paving Project - No. 1.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
108 Regular Session, March 20, 2000
OF THE CITY OF DUBUQUE, IOWA:
That on the 17th day of Apdl, 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 ~lans and specifications.
form of contrac~ and cost of said
improvement, and the City Clerk be
and is hereby directed to cause a
notice of time and p~ace of such
hearing m be published in a newspaper
having general circulation in the City of
Dubuque, Iowa. which notice shall be
not less than four days nor more than
twenty days prior to the day fixed for its
consideration. At the hsedng, any
interested person may appear and file
objections to the proposed plans,
specifications, contract, or estimated
cost of the improvement.
Passed, adopted aha approved this
20th day of March. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
Resolution. Seconded by Nichoison.
~lotion carried 7-0.
RESOLUTION NO. 116-00
RESOLUTION OF NECESSITY
Whereas proposed plans have been
duly prepared and approved by the City
Council of the City of Dubuque and are
now on file in ~e office of City Clerk
showing among other things the plans,
specifications, form of contract,
estimated cost and preliminary plat and
schedule showing the amount
proposed to be assessed against each
lot and the valuafion of each lot as filed
by the City Council, for the 2000 P.C
Concrete Paving Project - No. 1
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the City Council deems it
advisable and necessary for the public
welfare to make the herein mentioned
improvements and unless property
owners at the time of the final
consideration of this propesee
resolution have on file with the City
Clerk objections ro the resolution of
necessity, they shall be deemed ro
have waived all objections pertaining to
the regularity of the proceeding and the
legality of using the special
assessment 9rocedure.
Said improvements shall be
constructed and done n accoraance
with the Diana and specifications which
have been approved by the City
Council and now on file with the City
Clerk. That the cost and expense of
making such improvement will be
assessed partially or totally against
privately owned properly lying within
the assessment limits, and in an
amount not to exceed that provided by
law, and in proportion to the special
benefits conferred.
The portion of the cost which shall
be borne by the City will be paid from
the Street Construcfion Fund and the
Local Oction Sales Tax Fund ane
scecial assessment bonds may be
issued in anticipation of deferred
payments of assessments when a
con[rac[ has been performed ane
accepted, ant the proceeds thereof
used to pay the contractor.
The above resolution was
introduced, approved and ordered
placed on file with the City Clerk this
20th day of March, 2000.
Approved and ifiaced on file for final
action.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicho[sen.
Mo'don carried 7-0.
RESOLUTION NO. 117-00
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas the City Council of the City
of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specificalfons and form of
contract and placed same on file in the
office of the City Clerk for public
inspecfioh, for the 2000 P.C. Concrete
Paving Project- No. 1, ane.
Whereas, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on file in
the City Clerk's office for public
inspection.
NOW THEREFORE. BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
That on the 17th day of April, 2000,
a public hearing will be held at 6:30
o'clock p.m. in the Public Library
Auditorium in the City of Dubuque at
which time the owners of property
subject to assessment for the proposed
improvement or any other person
having an interest in the mar[er may
appear and be heard for or against the
making of the improvement, the
boundaries of the district, the cost. the
aeseesmenr against any lot orthe final
adootJor of a resolution of necessity
and the City Clerk be and is hereby
authorized and directed to cause a
notice of time and place of such
hearing to be published in a newspaper
Reqular Session; March 20~ 2000
109
having general circulation in the City of
Dubuque, iowa, which notice shall be
published once each week for two
consecutive weeks, the flint publication
of.which shall be not lees than ten days
prior to the day fixed for its
consideration. Unlees properbj ownem
at the time of the final consideration of
this proposed resolution have on file
with the City C[erk objecfions to the
Resolution of Necees~ they shall be
deemed to have waived all objections
thereto.
Passed, adopted and approved this
20th day of March, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
RESOLUTION NO. 118-00
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF
ASSESSMENTS
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CtTY OF DUBUQUE, IOWA:
That the attached sheets, 1 to 4
inclusive, are hereby determined to be
the schedule of proposed assessments
for the 2000 P.C. Concrete Paving
Project - No. 1 and the valuations set
out herein are hereby approved.
Paesed, approved and adopted this
20th day of March~ 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property at 2355 Elm Street from R-2A
Alternate Two-Family Residential to CS
Commercial Service and Wholesale
Distdct (requested by Steve Boelk and
Fred Boyes); presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located at 2355 Elm
Street from R-2A Alternate Two-Family
Residential District to CS Commercial
Service and Wholesale Dietdct,
presented and read. Buol moved that
the requirement that a proposed
Ordinance be considered and voted on
for passage at two Council meefings
prior to the Council meeting at which it
is to be finally adopted be suspended
and fur[her moved that a Public
Hearing be held on the proposed
Ordnance on the 3rd day of Apdl, 2000
at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk
)ublish notice in the manner prescribed
by law. Seconded by Nicholson.
Motion carried 7-0.
Zoning Advisory Commission
advising of their denial of a request to
rezone 222 acres of property from
County A-1 Agricultural to City C-3
General Commercial Distdct and City-
R-1 Single Family Residential District
(Requested by John Herrig/Gerald and
Judith Siegert); Communication from
John W. Herdg regarding
rezoning/annexation request; City
Manager recommending that the
rezoning request be referred back to
the Zoning Advisory Commission for a
public hearing on a modified plarf,
3reseated and read.
An Ordinance Amending the Zoning
Ordieance of the City of Dubuque by
recJaesifying hereinaf/er described
property located at 11515 English Mill
Road from Dubuque County A-1
Agdculfural Distdct to City of Dubuque
C-3 General Commercial Dietdct and
R-1 Single-Family Residential District,
concurrent with annexation, presented
and read. Markham moved to refer this
matter back to the Zoning Advisory
Commiesion. Seconded by Nicholson,
Motion carded 7-0.
John Herdg spoke requesting that
this matter be referred back to the
Zoning Advisory Commiesion.
City Manager submitang documents
providing for construction of the Third
Street Parking Ramp, presented and
read. Buol moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 119-00
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
CONSTRUCTION OF THE THIRD
STREET RAMP, in the estimated
amount of $5,000,000.00 are hereby
approved and ordered filed in the office
of the City Clerk, for public inspection.
110 Regular Session, March 20, 2000
Passed, approved and adopted this
20~ day of March, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carried 7-0.
RESOLUTION NO. 120-00
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 ~laced same on file in the
office of the City Clerk for the public
inspection of the CONSTRUCTION OF
THE THIRD STREET RAMP.
NOW. THEREFORE. BE T
RESOLVED. BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA.
that on the 1" day of May, 2000. a
public hearing will be held at 6:30 p.m.
in the Public Library Auditorium a~
which time interested persons may
appear and be heard for or against the
proposed plans ano specifications,
forrr of contract and cost of said
improvement, and the City Clerk be
ant is hereby directed to cause a
notice of time and place of such
hearing to De published in a newspaper
having general circulation in the City of
Dubuque, Iowa, which notice shall be
not less than four days nor more than
wrens/days prior to the day fixed for its
consideration. At the headng, any
interested person may appear and file
obje~ons to the proposed plans.
specifications, contract, or estimated
cost of the improvement.
Passed, approved and adopted this
2¢ day of March, 2000.
Terrance M. Duggan,Mayor
Attest: Jeanne Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Robbins
Motion carried 7-0.
RESOLUTION NO. 121-00
ORDERING BIDS
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the CONSTRUCTION OF THE
THIRD STREET RAMP is hereby
ordered to be advertised for bids.
BE IT FURTHER RESOLVED. that
the amount of the secudty to
accompany each bid shall be in an
amount which shall conform to the
provisions of the notice to bidders
hereby approved as a par[ of the plans
and specifications heretofore adooted.
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
ne less than four eays nor more than
twenty days pdor to the receipt of said
bids at 2:00 p.m. on the 25'" day of
April, 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 1= day of
May, 2000.
Passeq, approved and adopted this
20th day of March. 2000
Terrance M. Duggan Mayer
Attest: Jeanne Schneider City Clerk
Buol movec adootion of the
resolution Seconded by Robbins.
Motion carried 7-0.
There being no further business
Michalski movedto adjourn. Seconded
by Markham. Motion carried 7-0. The
meeting adjourned at 7:37 P.M
Jeanne F. Schneider
City Clerk
Approved .2000
Adooted
Council Members
Attest:
Ci~Clerk