2000 April Council ProceedingsReqular Session, April 3, 2000
111
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, April
3, 2000
Council met in Regular Session at
6:30 P.M. in the Public Library
Auditorium
Present Mayor Duggan, Council
Members Buo[, Clins. Markham,
Michalskf. Nicholson, Robbins.' City
Manager Michael Van M[liigen,
Corporation Counsel Barry Lindah[.
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
of acting upon such business which
may propedy come before the City
Council.
Invocation was given by Pastor
Steve Hansel of the Miracle Harvest
Church.
PROCLAMATIONS: "Dubuque
Hunger Claes, n-up Day' .received by
Nick Irving; Library Week received by
Tom Moran; "Volunteer Week" receivec
by Penny Ehlinger, "American C~
Quality Month" received by Laura
Carstens.
YOUTH IN GOVERNMENT: Mayor
Duggan swore in Youth Mayor Micheile
Pickal. Youth Mayor Pickel swore in
Youth Council members: Tommy
Mitmfanenko, Frank Hefal, Jordan Nye,
and Bill Manze[.
Minutes Submitted: Airport
Commission of 2/28; Cable TV
Regulatory Commission of 3/15; CMl
Service Commission of 3/1; Five Flags
Commission of 2/21; Hiatodc
Preservation Commission of 3/15;
Housing Commission of 3/14; Housing
Commission Trust Fund of 3/23;
Human Rights Commission of 2/14,
presented and read. Budi moved that
the minutes be received and filed.
Seconded by Nichalson; Motion
carded 7-0.
Proof of Publication of Council
Proceedings for 3/6; 3/7; and 3/8/00,
presented and read. Buel m0ved.that
the proof be received and tiled.
Seconded by Nicholson. Motion
carried 7-0.
Notice of Claims/Suits: Craig and
Cindy Van Hove in estimated amoun[
of $894.89 for vehicle damage,
presented and read. Buol moved that
the claim be referred to the Legal Staff
for investigation and reporL Seconded
by Nicholson. Motion carried 7-0.
Corporation Counsel advising the
following claims have been referred to
Public Entity Risk Services of Iowa, the
agent for the iowa Communities
Assurance Pool: BFI of Dubuque for
property damage; Michael E. Conklin
for personal injuries, presented ane
read. Buol moved that the
communications be received and f~ed.
Seconded by Nicholson. Motion
carded 7-0.
Corporation Counsel recommending
seffiement of clothing claim of David
Grady. in the amount of $57.78,
presented and read. Buol moved
approval of the recommendation and
that the Finance Director be directed to
issue the proper check. Seconded by
Nicholson. Motion carried 7-0.
Corporation Counsal recommending
that the vehicle damage claim of Justin
Helm has been administratively closed,
presented and read. Buol moved that
the communication be received and
tiled. Seconded by Nichalson. Motion
carded 7-0.
Communication of Anna O'Shea
submitting her resignation from the
Long Range Planning Commission
effective March 15, 2000, presented
and read. Bual moved that the
communication be received and filed
and resignation accepted with regret.
Seconded by Nichalson. Motion carded
7-0.
Gerald Hammel submitting his
resignation from the Mechanical Code
Board effective March 31, 2000,
presented and read. Buol moved that
the communication be received and
tiled and resignation accepted with
regret. Seconded by Nichdison.
Motion carried 7-0.
City Manager recommending
approval of the Adminiatrative Services
and Financial Agreement between the
City of Dubuque and Dalta Dental Plan
for Iowa for administration of the City's
]_12 Regular Session, Apdl 3, 2000
dental plan, presented and reaa. Buol
moved [hat the communication be
received and filed and recommendation
aDoroved Seconded ey Nicholson.
Motion carried 7-0
City Manager recommending
adoption of Supplement #44 [o the
Code of Ordinances, presented and
reao. Buol moved that the
communication be received and filed.
Seconded by Nicholson Motion
carried 7-0.
RESOLUTION NO. 122-00
ADOPTING SUPPLEMENT NO. 44 TO
THE CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas under date of July 17.
1989. the City Council, pursuam to
Ordinance No. 34-89, readopted the
Code of Ordinances of [he City of
Dubuoue. iowa for ordinances adopted
up to ane including Decembe' 19
1988: and
Whereas since December 19. 1988
the City Council of the City of Dubuque,
iowa has adooted certain ordinances
amending the Code of Ordinances and
said amendments have been pdnted as
supplements to the Code of
Ordinances' and
Whereas Section 380.8 of the Code
of Ordinances provides that
supplements by resolution, become
part of the Code of Ordinances.
NOW THEREFORE BE T
RESQLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE. IOWA:
Section 1. That Supplement No. aa
of the Code of Ordinances of the .City
of Dubuoue. Iowa, covedng Ordinances
through Ordinance No. 113-99 enacted
tnrough December 20. 1999 and
prepared by the Sterling Codifiers, Inc
Weiser, ID hereto flied in the Office of
the City Clerk of the City of Dubuque,
owa be ano is hereby adopted and
becomes cart of the Code of
Ordinances of the City of Dubuque,
owa.
Passed, approved and adapted this
3rd day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buo movec adoption of the
'esolution. Secondec by Nlcholson
Motion carded 7-0.
City Manager recommending
aoorova] of Purchase of Service
Agreements with Dubuque Main Street
Inc.; Dubuque Area Labor Management
Council- Substance Abuse Services
Center: Dubuque Area Chamber of
Commerce Conventior and Visitors
Bureau: Project Concern. Inc. Foster
Grandparent Program; Helping
Services of Northeast Iowa [nc.:
Operafion: New View: Retired aha
Senior Volunteer Program: Weshing[on
Too[ Library, Inc.: and Greater
Dubuque Development Corporation
presented ano read. Buol moveo that
me communication be received and
filed and recommendation approved
Seconded by Nicholson. Motion
cardec 7-0.
City Manager recommending
acceptance of the Schmitt Harbor Boat
Rome Project, presented and read
Buol moved that the communicafion be
received and filed. Seconded by
Niche[son. Motion carried 7-0.
RESOLUTION NO. 123-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Schmitt Harbor Boat Ramp Project has
been completed and the City Manager
has examined the work and filed
certificate stafing [hat the same has
been completed according to the terms
of the contract, plans and
specificafions and recommenas its
acceptance
NOW THEREFORE 3E IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
Section 1. Thatthe recommendafion
of the City Manager be approvea and
[nat said improvement 2e ana the
same is hereby accepteo.
BE T FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Madne Fuel Tax Grant and the
Local Option Sales Tax Fund in amoum
eoual to the amount of this contract,
less any retained percentage provided
for therein.
Passed, approved and adooted this
3rd day of Apdl. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol "noved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 124-00
FINAL ESTIMATE
Whereas, me contract for the
Schmitt Harbor Boat Ramo Project has
Been completed and the City Engineer
has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices and
insoection and all miscellaneous costs;
NOW THEREFORE. BE IT
Reqular Session, Ap~ii 3, 20~ 1]3
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 'i, That the cost of said
improvement is hereby determined to
be $96,681.46 and the said amount
shall be paid from the Marine Fuel Tax
Grant and the Local Option Sales Tax
Fund of the City of Dubuque, Iowa.
Passed, approved and adopted this
3rd day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholeon.
Motion carried 7-0.
City Manager recommending
acceptance of the Jackson Street
Reconstruction Project and
estab[ishmect of final assessment
amounts, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Nichoison. Motion carried 7-0.
RESOLUTION NO. 125-00
ACCEPTING IMPROVEMENT
Whereas, the contract for the
Jackson Street Reconstruction Project
has been completed and the City
Manager has examined the work and
fi~ed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends [ts
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
the Street Construction Fund in amount
equal to the amount of this contract,
less any retained percentage provided
for therein.
Passed, approved and adopted this
3rd day of April, 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. 126-00
RESOLUTION APPROVING
PRELIMINARY SCHEDULE OF FINAL
ASSESSMENTS FOR THE JACKSON
STREET RECONSTRUCTION
PROJECT
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the attached sheets, 1 to 2, are
hereby determined to be the
preliminary schedule of proposed
assessments for the Jackson Street
Reconstruction Project and the
valuations set out herein are hereby
approved.
Passed, approved and adopted this
3rd day of April~ 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried
RESOLUTION NO. 127-00
FINAL ESTIMATE
Whereas, the contract for the
Jackson Street Reconstruction Project
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, notices
and inspection and all miscellaneous
costs;
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby determined to
be $528,775.07,
Section 2. That $95,117.36 of the
cost thereof shall be asseseable upon
private property and $468,028.09 shall
be paid from the Street Construction
Fund.
Passed, approved and adopted this
3rd day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
C~ Manager recommending
approval of an Application for
Homecwnership Assistance Funds to
the Federal Home Loan Bank of Des
Moines, presented and read. Buo]
moved that the communication be
received and flied. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 128.00
A RESOLUTION AUTHORIZING
SPONSORSHIP OF AN
APPLICATION TO THE FEDERAL
HOME LOAN BANK OF DES MOINES
FOR AFFORDABLE HOUSING
PROGRAM FUNDS. ~
Whereas, the Federal Home Loan
114 Regular Session, April 3, 2000
Bank nas aub[ished notice of
availability of funds unaer the
Affordable Housin.c Program; and
Whereas local member FHLB
lending institutions nave agreea [o
submit an application for these funds
for a grogram of homeownership
assistance To lower-income
households: and
Whereas [ne City's CHAS and
Consolidated Plan promote the
objectives of lomeownersnip
assistance and stabilization of targe~
neighborhoods: and
Whereas, srovision of
homeownership opportunities to the
City's working families is a necessa[y
complement to on-going economic
oeve~opment efforts.
NOW, THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA.
Section 1 The Mayor ~s hereby
authorized to execute this resolution in
sponsorship of an application to the
Federal Home Loan Bank for
Affordable Housing Program funds, to
families to purchase homes.
Section 2. This resolution shall take
effect immediately.
Passed, approved and aoopted this
3rd day of April, 2000.
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the
'esolution. Seconded by Nicholson.
Motion carded 7-0.
Communication of Iowa Department
of Transportation advising of four
upcoming public input meetings around
the s~a~e presented ano read. Buo
moved tnat the communication be
received and tiled. Seconded by
Nicholson. Motion carded 7-0.
Communication from the iowa
DeBar[menu o' Economic Development
advising of an amendment to the City's
Home Program con~rac~, nresented
and read. Buol moved that the
communication be referred to the City
Manager. Seconded by Nicholson.
Motion carried 7-0.
Communication frorr East Centra
intergovernmental Association advising
that the DMATS Policy CommiAee will
be accepting applications for TEA-21
Transportation Enhancement Projects
from March 21 to May 17, 2000i
presented and read. Buol moved that
the communication be received add
filed and referred to the City Manager.
Seconded ay Nicholson. Motion
carded 7-0.
Communicatior from the Municipal
Treasurers' Association presentinG ~ne
City of Dubuque with the Association's
Investment Policy Ce~fication,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carded 7-0.
Letter to Senator Mike Connolly from
Housing Services Manager David
-lards in SUPPOrt for continua~on of the
_ocal Housing Assistance Program:
presented and read. Buol moved that
the communication Be receivec and
flied. Seconded by Nicholson Motio~
carded 7-0.
City Manager submitting a response
To me communication from the U.S
Depar~mem of Housing and Urbac
Develoament on the timely expenditure
of funds, presented ans read. Buo
movec that the communication De
received and tiled. Seconded by
Nicholson Motion carded7-0.
City Manager recommending the
submittal of a grant application to the
U.S. Department of Housing and Urban
Development (HUD) for assistance to
nameless families and individuals.
presented and read. Buol moved that
zne communication be received and
tiled. Seconded by Nicholson. Motion
carried 7-0.
City Manager recommending that the
City enter Into a three year insurance
renewal agreement with ~ne owa
Communities Assurance Poo: (ICAP),
nrssemed and read Buol moved that
the communication De received and
filed and recommendation approvea.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 1294)0
NOW THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the following having complied
with the provisions of law relating to the
sale of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said C;tty.
NEW
Davey Robertson Public Bar Inc.
The Busted Lift 180 Main St
Passed, approved and adopted this
3rd day of April 2000.
Regular Sessie n~ April 3, 200,0
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buo movec adoption of the
resolution. Seconded by NichoJson.
Motion carded 7-0.
RESOLUTION NO. 130-00
Whereas, applications for Liquor
Licenses have been submitted to [his
Council for approva~ and the same
have been examined and approved;
aed
Whereas. the premises to be
occupied by SUCh applicants were
inspected aha found to comply with the
State Laws and all City Ordinances
relevant thereto and they have filed
proper bonds.
NOW, THEREFORE. BE IT
RESOLVED BY THE CI:i'Y COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized
cause m be issued the following named
applicants a Liquor License
CLASS "C" (COMMERCIAL)
BEER/LIQUOR LICENSE
Knights of Columbus # 510
Knights of Columbus # 510+
(Sunday Sales) 781 Locust St
Chad Streff Whis~ River
+(Sunday Sales) 1064 UniversityAve
Tugboat Willy's Inc. Tugboat Willys
+(Sunday & Outdoor Sales)
1630 E 16th St
Davey Robertson's Public Bar,
The Busted Lift+(Sunday Sales)
180 Main St
Passed, approved and adopted this
3rd day of Apd], 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buo[ moved aaoption of the
resolution. Seconded Dy Nicholson.
Motion carried 7-0.
RESOLUTION NO. 131-00
Whereas, applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and
approved; and
Whereas, the premises to be
occupied by such applicants were
inspected and found to comply w~th the
Ordinances of this City and have filed
proper bonds.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
ArCon, Inc. Arby's Q-Mart
+(Sunday Sales) 10 Main St
Passed. approved and adopted this
3rd day April, 2000
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved aoootior of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
BOARDS/COMMISSIONS
Applicants are invited to adoress me
Council to express their desire [o serve
on the following Boards/Commissions:
CIV]L SERVICE COMMISSION:
Richard Wertzberger. Mr.
Wedzberger spoke requesting
consideration for appointment [o the
Civil Service Commission.
APPOINTMENTS to the following
Boards/Commissions:
AIRPORT COMMISSION: Applicants -
R.J. Blocker. Don Hedeman, Nancy
Ann Helling, Jim Q'Neill Richard
Wertzberger.
Communication of Richard
Wedzberger withdrawing his name
from consideration for appointment to
the . Airpor~ Commismon-
Communication of X~ancy HellJng In
support of her appointment m the
Airport Commission presented and
read.
Vote on the appointment was as
follows: Cline voted for Helling.
Duggan vote for O'Neill. Markham
voted for O'Neill. Michalski voted for
Helling. Nicholson voted for O'NeilL
Robbins voted for O'Neil.. Buol voted
for O'NeiL Therefore Jim O'Neill
appointed to the unexpired [our year
term on the Aircort Commission which
will expire g-14-01.
ZONING BOARD OF ADJUSTMENT:
Applicant Michael A. Ruden.
Michalski moved that Michael A. Ruden
be reappointed to a t'pve year term on
the Zoning Board of Adjustment which
will expire 3-25-05. Seconded by
Robbins. Motion carded 7-0.
Michalski moved that the rules be
suspended to allow anyone present to
address the Council if they so desire.
Seconded by Robbins. Motion carded
7-0.
Proof of Publication on Notice of
Public Hearing to reclassify property
located at 2355 Elm Street from R-2A
Alternate Two-Family Residential
District to CS Commercial Service and
Wholesale District, presented and
read. Robbins movedthatthe proof be
received and filed: Seconded by
Nicholson. Motion carried 7-0.
Regular Session, April 3, 2000
John r~erng SDOKe in favor of the
rezoning.
An Ordinance Amending Appendix
A of me City of Dubueue Code of
Ordinances by reclassifying hereinafter
described 2roperty located at 2355 Elm
Street from R-2A Alternate Two-Family
Residential Distdct to CS Commercial
Service and Wholesale District with
first and second readings given on
3/20/00. now presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 29-00
AN ORDINANCE AMENDING
APPENDIX A (THE ZONING
ORDINANCE) 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 DISTRICT, WITH
CONDITIONS.
X~OW. THEREFORE BE T
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Sec'don 1. That Aooendix A (the
Zoning Ordinance~ of the City of
Dubuque Code of Ordinances is
hereby amended by reclassifying [he
hereinafter described property from R-
2A Alternate Two-Family Residential
District to CS Commercial Service and
Wholesale District. with conditions, to
wit:
Lot 2 of 2 of 1 of 106 L.H Langworthy
Addition. and to the center line of the
adjoining public right-of-way, all in the
City of Dubuque owa.
Section 2. The foregoing amendment
has qeretofore been reviewed by tne
Zoning Advisory Commission of me
City of Dubuque, ~owa.
Passec approvea and adopted this
3rd day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne =. Schneider City Clerk
ACCEPTANCE OF
ORDINANCE NO. 29-00
We Fred J. Boyes, owner, and
Steven R. Boelk, applicant, having reaa
the terms aha conditions of the
¢oregoing Ordinance No. 29-00 and
being familiar with the conditions
mereof, hereby accept this same and
agree [o the conditions required
[herein.
Dated in Dubuque ~owa this 3rd aay
of Aoril 2000.
By/s/ Fred. J. Boyes
By/s/Steven R. Boelk
Published officially in the Telegraph
Herald newseaDer this 12th eay of
Apdl 2000.
Jeanne F. Schneider Cit~ Clerk
It 4/12
:~obbins moved final consideratior-
aha passage of the Ordinance.
Seconded by Nicholson Motion
carded 7-0.
~roof of Publication on Notice of
Public Hearing [o establish a schedule
of fees for the connection of property to
City sewer; Communication of City
Manager recommending approva~ of
me schedule of final connection
cnarges, presented and read
Markham moveo that [ne proof and
communicatior be received and filed.
Seconded by BuoL Carried by [ne
following vote: Yeas--Duggan,
Markham. Nicholson Robbins Buol.
Nays~Cline. Michalski.
Attorney Mike Coyle for Jeff
Arensdon~ spoke objecting to the high
assessmen[ and that this erroneously
did not take into consideratic ~ the flood
plain on this properly. Saney
Arensdorf Cathy Hed[ey, William
Wa[sh anc Tirr ~ancratz. all spoke
objecting to these future assessments
An Ordinance Establishing the
Southfork Sanitary Sewer nterceptor
District - Phase I and a schedule of
fees for the connection of property to
City sewer, with first and second
readings given on March 6, 2000. now
eresented for final action
(OFFICIAL PUBLICATION)
ORDINANCE NO. 30-00
AN ORDINANCE ESTABLISHING
THE SOUTHFORK SANITARY
SEWER INTERCEPTOR DISTRICT -
PHASE I AND A SCHEDULE OF
FEES FOR THE CONNECTION OF
PROPERTY TO CITY SEWER
Whereas. after full consideration of
the final connection fee scneou~e
showing the connection fees proposec
to be made for the Southfork Sanitary
Sewer Interceptor Distdct - Phase I,
which schedule of connection fees was
filed in tne office of the City Clerk on
the 2nd day of March. 2000: and
Whereas, tne City Council ~as
determined that the amounts snown on
said schedule are 2roper and are in
proportion to the benefits conferreo:
and
Whereas. the City Council further
Re.qular Session, April 3i 2000
117
finds that the Southfork Sanitary Sewer
Interceptor Distdct - Phase I should be
established and the connection fee
schedule approved and adopted.
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. There is hereby
established the Southfork Sanitary
Sewer Interceptor Distdct - Phase I and
a schedule of fees for the connection of
property to City sewer, as shown on the
schedule attached hereto.
Section 2. Each pemo~ whose
property will be served by connection to
City sewer shall pay a connection fee
to the City, as shown on the schedule
attached hereto.
Sec[on 3 Such connection fee shall
be due and ~ayable whe~ a sewer
connection application is filed witi" the
City. All fees collected under this
Ordinance shall be paid to the City
Treasurer.
Section 4. The City Clerk is hereby
authorized and directed [o certify a
copy of this Ordinance for recording in
the office of the Dubuque County
Recorde[.
Passed, approved and adopted this
3rd day of April. 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Published officially in the Telegraph
Herald newspaper this 21st day of
Apda, 2000.
Jeanne F. Schneider, City Clerk
It 4/21
Markham moved final consideration
and passage of the Ordinance.
Seconded by Buol. Carded by the
following vote: Yeas--Duggan,
Markham, Nicholson, Robbins, Buol.
Nays--Cline, Michalski.
Proofs of Publication on Notice of
Hearing on Plans and Specs and
Notice to Bidders on the Receipt of
Bids for construction of the Skate Park
Concrete Slab and City Manager
recommending to award contract for
project, presented and read. Buol
moved that the proofs and
communication be received and filed.
Seconded by Michalski. Motion carried
7-0.
RESOLUTION NO. 132-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
WHEREAS, on the 6th day of March,
2000, plans, specifications, form of
contract and estimated cost were filed
with the City Clerk of Dubuque, Iowa
for CONSTRUCTION OF THE SKATE
PARK CONCRETE SLAB
Whereas notice of ~eadng on
plans specifications, form of contract
and estimated cost was published as
required by ~aw.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications form of contract ano
estimated cos[ for said improvements
for said project.
Passed. approved and adopted this
3rd day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Si~conded Dy Michaiski.
Motion carried 7-0.
RESOLUTION NO. 133-00
AWARDING CONTRACT
Whereas, sealed propeea~s have
been submitted by contractors for the
Const[uction of the Skate Park
Concrete Slab pumuant to Resolution
No. 88-00, and notice to bidders
published in the City of Dubuque, Iowa
on the 10th day of March. 2000.
Whereas, seeled proposals were
openee and read on the 21st day of
March, 2000 aha it has been
determined that the bid of Connoliy
Concrete and Excavating in the amount
of $46,616.00 was the lowest bid for
the furnishings of all labor and
materials and performing the work as
provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
That the contract for the above
improvement be awarded to Connolly
Concrete and Excavating 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
3rd day of Apd[, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the
resolution. Seconded by MichalskL
Motion carded 7-0.
Regular Session, April 3, 2000
~roofs of Publication on ',lotice of
Hearing on Plans ana Specs anc
Notice to Bidders re: Demolition of the
Dolan Building at 330-336 Main St
aresented and read. Michalski movec
that the sroofs be receivea aha filed.
Seconded by Cline. Motion carried 7-0
Buol moved that the rules De
reinstated limiting discussion ~o the
Council. Seconded by Robbins.
Motion carried 7-0.
Cf[y Manager recommending that the
building permit moratorium for Highway
20 from Bluff Street east to the City
Limits De extended for twelve months
and that the portion from Bluff Street to
Cherokee Drive/Collins Street be
allowed to expire, presented and read.
Buol moved that the communication be
received and filed. Seconded by
Nicholson. Motion carded 7-0
An Ordinance Amending Chapter 11
(Buildings and Building Regulations) of
the City of Dubuque Code of
Ordinances ey Amending Section
11.58-1 by establishing a twelve month
moratorium on the issuance of permits
for work in the U.S. 20 Corridor,
presented eric read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 31-00
AN ORDINANCE AMENDING
CHAPTER 11 (BUILDINGS AND
BUILDING REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY AMENDING
SECTION 1'1.58-1 BY ESTABLISHING
A TWELVE MONTH MORATORIUM
ON THE ISSUANCE OF PERMITS
FOR WORK IN THE U.S, 20
CORRIDOR.
Whereas. the Iowa anc Illinois
Departments of Transoortation are
conducting a U.S. 20 Mississippi River
Crossing Study; and
Whereas. the issuance of permits in
the study corridor of U.S. 20 could
impact the study negatively.
NOW THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. ChapTer 11 fBuildings
and Building Regulations) of the City of
Dubuque Code of Ordinances 's
nereey amended by amending Section
1%58.1 as follows:
Section 11-58.' Moratorium - for
work in the U S 20 Corddor The
building official shall qot issue any
substantial enlargement, alteration
repair or remodeling of any structure
building or sign in the U.S. 20 Corridor
(Dodge Street), but not to include
demolition from the eastern coroora[e
imits of the City of Dubuoue wes[erly to
the intersection of U.S. 20 (Dodge
Street) with Bluff Street. as shown on
the map on file in the Office of the City
Clerk 50 W 13th Street. Dubuque,
owa. during the Period from May 1
2000 to May 1, 2001, except where a
vestee dght ~o the issuance of such
3ermit accrued 2rior to May 1, 1999.
Section 2. This Ordinance shall
-~ke effect on May 1. 2000.
Passed, approved and adopted this
3rd day of April, 2000.
Terr~nce M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Published officially in the Telegraph
Herald newspaper this 21s~ day of
April, 2000.
Jeanne F. Schneider. City Clerk
It 4/21
Buoi moved that the reauirement
that a proposed Ordinance De
considered ana voted on for oassage
at two Council Meetings urior to the
meeting at which it is to be [nally
passed be suspended and further
moved final consideration and passage
of the Ordinance Seconded by
Nicholson. Mofion carded 7-0
City Manager recommending
approval of the final plat of LO~S 1
through 18 and Lot Cana Lot D Twin
Ridge Subdivision No. 5. subject to
conditions presented and reaa.
Robbins moved that the
communication be received and filed
Seconded by Nicholson Motion
carried 7-0.
RESOLUTION NO. 134-00
A RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 1 THROUGH
18 AND LOT C AND LOT D, TWIN
RIDGE SUBDIVISION NO. 5, IN
DUBUQUE COUNTY, IOWA
Whereas there has been filed with
the City Clerk a fine plat of Lots I
[hrough 18 and Lot C and Lot B. Twin
Ridge Subdivision No. 5, in Dubuaue
County, Iowa, and
Whereas, upon said final p~az
appear streets to De Known as Timothy
Street ahd Four Sisters Court: apo
Whereas the preliminary plat has
been examined by the Zoning Advisory
Commissio~ eno qas its aoorova~
endorsed thereon with the waiver of
Article IV. Desig~ and Imorovement
Standards of the Su bdivisior
Regular Sess on, April 3~ 200:0 119
Regulations, except for Section 42-19;
and
Whereas, said final plat has been
reviewed by the City Planner and had
her approval endorsed thereon; and
Whereas, said final plat has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. Thatthefinal plat of Lots
1 through 18 and Lot C and Lot D, Twin
Ridge Subdivision No. 5, in Dubuque
County, Iowa, is hereby approved and
the Mayor and City Council are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said final plat.
Section 2. That the City Council
hereby waives A~cle IV, Design and
Improvement Standards, except for
Section 42-19, Lots and Blocks, of the
City Subdivision Regulations.
Passed, approved and adopted this
3rd day of Aptil, 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 recommending
approval of a right-of-way
encroachment at 365 Main Street for
installation of a projecting sign,
presented and read. Duel moved that
the communication be received and
filed. Seconded by Markham. Motion
carded 7-0.
An Ordinance Authorizing Fiegen &
Bisenius, Inc. to construct a projecting
sign at 365 Main Street, presented and
read.
(OFFICIAL PUBLICATION)
ORDINANCE NO, 32-00
AN ORDINANCE AUTHORIZING
FIEGEN & BISENIUS, INC. TO
CONSTRUCT A PROJECTING SIGN
AT 365 MAIN STREET
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Chades Fiegen, as
the owner of the premises known as
365 Main Street, Dubuque, Iowa, and
legeily described as 365 Main, S. 20' of
C.L 69 & C.L 70, be and they are
hereby granted the revocable permit
and authority to construct and maintain
a sign under the terms and conditions
set for[h in this Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence~ location,
installation, construction or
maintenance of said sign; and
b. Procure and maintain in force dudng
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, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location;
installation, existence, construction or
maintenance of said sign sustained by
any person or persons, caused by
accident or otherwise to defend at its
own expense and on behalf of said City
ar~y. cleim against the City of Dubuque
ans~ng out of the location, installation,
existence, construction or maintenance
of sign and to pay reasonable attorney
fees therefor; and
d. Indemnify, defend and holdthe City
of Dubuque free and harmless from
any and all claims, loss, liability and
expense for death and/or injuries to
third persons or damages to properly of
third persons, or for damage to any
property of the City of Dubuque which
may occur as a result of or in
connection with the location,
installation, existence, construction,
maintenance and repair of the facility,
work or improvement permitted herein.
Sectien 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, permittees, or their
successors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said sign, and in the
event of their failure to do so, the City
of Dubuque shall be authorized to
remove said sign at permittees'
expense and dispose of the same, and
the permittee shall have no claim
Regular Session, April 3, 2000
against the City or ~rs agents for
carnages resulting from the removal of
said sign.
Section 5. That permittees covenan[
aha agree that the revocable permit
herein granteo does not constitute an
approval of me design erection
location, construction, repair or
maintenance of said facility anr~ sam
permittees nereDy covenant ann agree
not [o assert such claim or defense
against the City of Dubuque in the
even[ of claim aeserted for deat['
nersonal injuries and/or property
carnage against the permittees arising
out of or in any way connected with the
location, installat[or, construction.
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance sha
become effective and tne rights
hereunder accrue to Fiegen &
Bisenius. [nc. when this Ordinance has
eeen adopted by the City Council and
the terms and conditions thereof
accepted Dy permittees by acceptance
eneorsea on this Ordinance.
Section 7. That the City Clerk ~e and
she is authorized and directed to file at
permittees' expense a copy of this
ordinance in the Office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted this
3rd day of April, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO 32-00
I (We) the undersigned having read
and 3eing familiar with the terms and
conditions of Ordinance No 32~00,
hereby, for themselves, their
successors or ass gns, as owners of
the abutting proper[y, accept the same
and agree to be bound Dy the
conditions and agreements therein
contained to be oerformed by
permittees.
By: Is/Matthew Fiegen
Dated: 3/22/00
Published officially in the Telegraph
Herald ne~spaper this 7th day of April,
2000
Jeanne F. Schneider, City Clerk
It 4/7
Buol moved that the requirement that
a proposea Ordinance be considered
aha voted on for passage at two
Council Meetings poor to the meeting
at which it is to be finally passed be
suspended and further movea final
consideration and passage of the
Ordinance. Seconded Dy Markham
Motion carried 7-0.
Communication from the Long
Range Planning Advisory Commission
requesting that me Counc direct ma
Zoning Advisory Commission to
appoint a new liaison to the Long
Range Planning Commission.
presen[eo anr~ read. Michalski moved
that the communication be received
and filed and strongly urge the Zoning
Advisory Commission to uahoid the
direction of the Ordinance. Seconded
ny Cline. Motion carded 7~.
Communicatio~ of Historic
~reservatior Commission regarding
the aDDea~ of American Trust and
Savings @ank of the Commission's
denial to allow the installation of signs
au 901 Locust Street. presanted and
'cad.
Jim Hamilton oI Amedcan Trust and
Peg Hudson, Director of Marketing a[
Amedcan Trust, spoke requesting that
American Trust be allowed [o install
specific signs at their 901 Locust Street
location and that the Council overdde
the Historic Preservation Commission's
denial of their requesT.
Ken Kringle, Chair of the -[istoric
Preservation Commission, sooke
stating that the requested s~gnage is
no[ appropriate.
Michalsk[ moved To uphold the
Historic Preservation Commission's
decision. Seconded by Cline. Vote on
the motion was as follows:
Yeas--Cline Michalski
Nays---Duggan, Vlarkham, Nichoisor
Robbins. Buol. Motion failed.
Nicholson moved to reverse the
Historic Preservation Commission's
decision. Seconded by Buol. Vote on
the motion was as follows'
Yees--Duggan, Markham Nicholsor
Robbins. Buol. Nays--Cline, Michalski.
Communication from the Long
Range Planning Commission on the
process for update of the
Comprehensive Plan and relateo
planning efforts; and process for 28E
Agreement for fringe area growm and
develooment, presented and read.
Nicholson moved tna~ the
communication be received and filed.
Seconded by Robbins ~4ction carried
7-0.
City Manage- recommending
adoption of an ordinance relating [o
ddver's licenses to conform to the State
Code. presented ann read. Michaiski
moveo that the communication De
received ann filed. Seconded ny
Nicholson. Motion carried 7-0,
Regular Session, April 3i 2000 121
An Ordinance Amending the City of
Dubuque Code of Ordinances by
enacting a new Section 32-131 enStied
"Operators Licensed - Qperation of
Commercial Motor Vehicles" and a new
Section 32-132 eaf~ed ~License to be
in Possession," presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 33-00
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ENACTING A NEW
SECTION 32-131 ENTITLED
"OPERATORS LICENSED
OPERATION OF COMMERCIAL
MOTOR VEHICLES" AND A NEW
SECTION 32-132 ENTITLED
"LICENSE TO BE IN POSSESSION."
NOW, THEREFORE, BE IT
ORDAINED BY THE CiTY COUNCIL
OF THE CITY QF DUBUQUE, IOWA:
Section 1. The Code of Ordinances
of the City of Dubuque, Iowa, is hereby
amended by adopfing the following new
section.
Section 32-131. Operators Licensed
- Operation of Commercial Motor
Vehicles
1. A person, except those expressly
exempted, shall not operate any motor
vehicle upon any street of this city
unlees the person has a driver's license
issued by the department valid for the
vehicle's operation.
2. A person operating a commercial
motor vehicle shall not have more than
one ddver% license. A nonresident
may operate a commercial motor
vehicle in Iowa if the nonresident has
been issued a license by another state,
a nonresident commercial ddver's
license, or a driver's license issued by
a foreign jurisdiction which the federal
highway administration has determined
to be issued in conformity with the
federal commercial ddver testing and
licensing standards, if the license,
commercial driver's license, or ddver's
license is valid for the vehicle operated.
Section 2. The Code of Ordinances
of the City of Dubuque, Iowa, is hereby
amended by adopting the following new
section.
Section 32-1~? License To Be In
Possession.
1. Every licensee shall have an
operator or instruction permit in
immediate possession at all times
when operating a motor vehicle and
shall display the same upon demand of
a judicial magistrate or district
associ~e judge, a peace officer, or a
field deputy or examiner of the
department. However, no person
charged with violating this provision
shall be convicted if such person
~roduces in court, within a reasonable
~me, an operator or instruction permit
theretofore issued to such person, and
valid at the time of such person's
arrest
2. A person shall not operate a
motor vehicle upon a city street with an
expired driver's license.
Section 3. This Ordinance shall
take effect upon publication.
Passed, approved and adopted this
3rd day of Apdl, 2000.
Terrance M. Duggan, Mayor
At~est: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph
Herald newspaper this 7th day of Apdl,
2000.
Jeanne F. Schneider, City Clerk
lt4/7
Michaiski moved that the
requirement that a proposed Ordinance
be considered and voted on for
passage at two Council Meetings prior
:o the meeting at which it is to be finally
)essed be suspended and further
moved final consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
City Manager recommending
adoption of an ordinance relating to the
requirements for residential buildings
moved within the City limits, presented
and read. Robbins moved that the
communication be received and filed.
Seconded by BuoL Motion carried 7-0.
An Ordinance Amending the
Section 11-60(c) of the City of
Dubuque Code of Ordinances
regulating relocated buildings or
structures, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 34-00
AN ORDINANCE AMENDING
SECTION 11-60(c) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES
REGULATING RELOCATED
BUILDINGS OR STRUCTURES
NOW, THEREFQRE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Sec. 11-60(c) of the City
of Dubuque Code of Ordinances is
amended to read as follows:
(c) Restriction on moving permit.
No building or structure shall be
relocated or moved ff the building or
structure is so constructed or in such
condition as to be dangerous or unsafe
or if it is infested with pests, is unfit for
Regular Session, April 3, 2000
numar habitation or if it ~s so
deteriorated, dilapidated or defective
that relocation would or could create a
safety or health nazaro, or cause a
blJgn[ea condition n the new
neighborhood.
All buildings or structures wnen
relocated from outside of the city into
the city shall comply with all ordinances
and regulations applicable [o new
buildings or structures ncluding but
no~ limited [o building, electrical,
mechanical, plumbing, tire. health ana
zoning regulations
All residential buildings or s~ruc[ures
relocated within the city shall comply
with the Uniform Code for Building
Conservation and Chapter 26, Housing
Regulations.
All non-residential buildings or
structures relocated within the city shall
comply with all ordinances aha
regulations applicable to new buildings
or structures including but not limited
[o building, electricaL, mechanical
plumbing, fire, health ana zoning
regulations.
Al movea buildings or structures
shall be completely enclosed within
thirty (30) aays after said building or
structure is elaced on its new site. Al
reaulred changes, [morovements ana
-nodifications shall be completed and
the building or structure made reaay for
occupancy or use within one hundred
ana twenty (120) aays from me nme
the building permit is issued.
Section 2. This Ordinance shall take
effect upon publication.
Passed appravea and adopted this
3rd day of April, 2000
Terrance M. Duggan, Mayor
At, est: Jeanne F. Schneider City Clerk
Published officially in the Telegraph
Herald newspaper this 7th day of April
2000.
Jeanne F. Schneider. City Clerk
It 4/7
Robbins moved that the requirement
that a proposed Ordinance be
considered and vmea on for passage
az two Council Meetings pdor to the
meeting at which it s [o ge finally
oassea be suspended aha fur!her
moved final consideration and passage
of the Ordinance. Seconded by Buol.
Motion carried 7~0.
City Manager recommending that the
City enter into a contract with WHKS &
Co. to assist staff with the Calendar
Year 2000 Downtown Street
Reconstruction Project, presented anc
read. Nicholso~ moved mai the
communication be received and filec
ana recommendation approvea.
Seconded by Robbins. Motion carried
7-0.
City Manager recommending that a
public headng ce set for April 17, 2000
to consider a request for the City to
dispose of a por~ion of property
adjacent [o their property, presemea
and reaa. Robbins moved that the
communication be received and tiled
Seconded oy Nicholson. Mot[on
carried 7-0.
RESOLUTION NO. 135-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN LOT
2 OF 6 OF MINERAL LOT 322,
DUBUQUE, IOWA
Whereas Dubuque Stamping
Manufacturing nas reeuested the
ourchase of a poCdon of Lot 6 of
Mineral Lot 322.
Whereas. IIW Eng hoers &
Surveyors, P.C. nas prepared anc
submitted to [ne City Council a
showing said pomon of Lot 6 of Mineral
Lot 322 ann assigned ~oz numbers
thereto which hereinafter shal[ be
known and described as Lot 2 of 6 of
Mineral Lot 322 'n me City of
Dubuque, iowa; ana
Whereas the City Council of the
City of Dubuc~ue ~owa nas determined
that this 2arcel is no longer reuuired for
public use. except for util~ easements
as noteo, anu sale of said parcel
known as Lot 2 of 6 of Mineral Lot 322
in the City of Dubuaue Dubuque
County, Iowa should be anoraved.
NOW THEREFORE. BE T
RESOLVED BY THE CITY' COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. That the City of Dubuque
intends to dispose of its interest in Lot
2 of 6 of Mineral Lot 322 in the City of
Dubuque, iowa.
Section 2. That the conveyance of
Lot 2 of 6 of Minera~ Lot 322 in the City
of Dubuque, owa [o Dubuque
Stamping & Manufacturing be
contingent upon the payment of $1.00
plus platting, publication and tiling fees.
Section 3. The City of Dubuque
reserves unto itself a perpetus
easement including the right of ingress
and egress thereto, for the purpose cf
erecting, installing constructing,
reconstructing, repairing, owning,
operating, anu maintaining water.
sewer drainage, gas, teleonone.
cabIe anu elecmc lines as may be
authorized Dy me City of Dubuque.
iowa. as shown on the slot of survey of
Lot 1 of 6 anu Lot 2 of 6 of Mineral Lot
Reqular Session,Aprl 3, 2000 ,
123
322. No structure shall be built over
the easement area. Section 4.
That the City Clerk be and is hereby
authedzed and directed to cause a
notice of intent to dispose of said real
estate to be published in the manner as
prescribed by law.
Passed, approved and adopted this
3rd day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Budi moved adoption of the
resolution. Seconded by Nichdison.
Motion carried 7-0.
RESOLUTION NO. 136-00
RESOLUTION APPROVING PLAT OF
SURVEY OF LOT 1 OF 6 AND LOT 2
OF 6 OF MINERAL LOT 322
Whereas, there has been presented
to the City Council of the City of
Dubuque, Iowa, a plat dated March 28,
2000, prepared by IIW Engineers &
Surveyors, P.C., describing the division
of Lot 6 of Mineral Lot 322 in the City of
Dubuque; Dubuque County, iowa; 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, [OW,~
Sec~on 1. That the plat dated March
28, 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 and on behalf of the
City of Dubuque, Iowa.
Section 2. The City of Dubuque
reserves unto itself a perpetual
easement including the dght of ingress
and egress thereto, for the purpose of
erecting, installing, construction,
reconstructing, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
cable, and electdc lines as may be
authorized by the City of Dubuque,
Iowa, as shown on the plat of survey of
Lot 1 of 6 and Lot 2 of 6 of Mineral Lot
322.
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
3rd day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Communication of City Manager
recommending that a public headng be
set for April 17, 2000 to consider a
second amendment to the Fiscal Year
2000 Budget, presented and read.
Michalski moved that the
communication be received and filed~
Seconded by Robbins. Motion carded
7~0.
RESOLUTION NO. 137-00
RESOLUTION DIRECTING THE CITY
CLERK TO PUBLISH PROPOSED
AMENDMENT TO TIlE FISCAL YEAR
2000 BUDGET AND DATE OF
PUBLIC HEARING
Whereas, it is proposed that the
City of Dubuque amend its Fiscal Year
2000 budget; and
Whereas, Section 384.t6 of the
Code of iowa stipulates that a public
hearing must be held on such a budget
amendment.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CFFY' OF DUBUQUE, IOWA:
Section 1. That the City Clerk be
and is hereby authorized and directed
to publish notice of public hearing on
an amendment to the adopted budget
for the City of Dubuque, Iowa.
Passed, approved and adopted this
3rd day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michatski moved adoption of the
Resolution and set the Public Headng
for 4-17-00 at 6:30 P.M. in the Public
Library Auditedum and that the City
Clerk publish notice in the manner
)rescribed by law. Seconded by
Robbins. Motion carried 7-0.
City Manager recommending
reconfiguration of the Dubuque Yacht
Basin Lease and that a public hearing
be held on April 17, 2000, presented
and read. Markham moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
RESOLUTION NO. 138-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN
REAL PROPERTY PURSUANT TO
AMENDMENT TO LEASE
AGREEMENT BETWEEN THE
DUBUQUE YACHT BASIN; INC. AND
THE CITY OF DUBUQUE, IOWA
Whereas, the Dubuque Yacht
Basin, Inc., a corporation organized
124 Regular Session, April 3, 2000
and existing under the laws of the State
of ~owa. with its pdncioei olace of
business in Dubuque Iowa. herein
after referred to as "Yacht Basin". and
the City of Dubuque, owa. a munieioa~
corporation organlzeo and existing
under the laws of the State of Iowa,
througn its duly authorized City
Council hereinafter referred [o as
'City" are pares to a ~easa agreemen[
eared Aoitl 8. 1970 (Lease Agreement),
which Lease Agreement was amended
by a First Amendment dated November
3. 1970. ann a Second Amendment
dated February 12, 1975; and
Whereas the parties desire to
fur[her clarify ano modity the Lease
Agreement [o more clearly establish
the limits of the leased area.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1
That the City intends to disoose of its
interest in real 2roperty by ciz-ifying the
leased limits of the Lease Agreement
as snown by Lease Area A on the
exhibit attached [o the Third
Ar~endment to Lease Agreement.
Section 2.
That the City Clerk be and is hereby
authorized and directed [o cause s
notice of intent to dispose of said rea
estate to De published in the manner as
prescribed by law.
~assed. approved ado aoopted this
3rd day of April 2000.
Terrance M Duggan. Mayor
Attest: Jeanne F. Schneider City Clerk
Vlarkham moved adoption of the
Resolurion and set matter for public
hearing on 4-17-2000 at 6:30 P.M. in
the Public Library Auditorium and that
tne City Clerk Dublish aouce n the
manner prescribed by law. Seconded
by Robbins. Morion cartied 7-0
RESOLUTION NO. 139-00
RESOLUTION OF INTENT TO
DISPOSE OF CITY INTEREST IN
REAL PROPERTY PURSUANT TO
AMENDMENT TO LEASE
AGREEMENT BE'PWEEN THE
DUBUQUE YACHT BASIN, INC. AND
THE CITY OF DUBUQUE, IOWA
Whereas. the Dubuque Yacht Basin
Inc., a corporation organized ano
existing under the ~aws of the State ct
Iowa, with its principal place of
business in Dubuque, owa. herein
after referred to as "Yacht Basin" ado
the City of DubucJe, Iowa, a municipal
coreoration organized and existing
under ina laws of me State of Iowa,
througn its ou~y aumonzed City
Council, hereinafter referred To as
"City' are paYdes to a [ease agreemem
dated February 5 1974 (Lease
Agreement); and
Whereas, [ne oarties desire re
further clarify an(] modify the Lease
Agreement [o more c~eaity establish
the limits of the leased area
NOW. THEREFORE. BE 7
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1.
That the City intends to dispose of
its interest in rea! property by clarifying
the leased limits of [ne Lease
Agreement as snown by Lease Area B
on the exhibit attacneo to the First
Amendment to Lease Agreement.
Secrion 2.
That the City Clerk be and is hereby
authorized and directed to cause a
notice of intent to diseose of said real
estate to be published in a manner as
orescribed by law.
Passed. approveo and adopted this
3rd day of April 2000.
Terrance M. Duggad, Mayor
Attest: Jeanne F. Schneider City Clerk
Markham moved adoption of the
Resolution and set mar[er for public
hearing on 4-17-2000 at 6:30 P.M. in
the Public Library Auditorium and that
[ne City Clerk publish notice in the
manner prescribed by law. Seconded
by Robbins. Motion carried 7-0.
RESOLUTION NO. 140~)0
RESOLUTION OF INTENT TO
DISPOSE OF CiTY INTEREST IN
REAL PROPERTY PURSUANT TO
AMENDMENT TO LEASE
AGREEMENT BETWEEN THE
DUBUQUE YACHT BASIN, INC. AND
THE CITY OF DUBUQUE, IOWA
Whereas the Dubuque Yacht
Basin, inc. a corDorarion organized
add existing under the laws of the State
of Iowa. with ts principal place of
business in Dubuque, ~owa. herein
after referred to as "Yacht Basin", and
the City of Dubuque. ~owa. a mumeipal
corporation organized anc existing
under the laws of the State of Iowa
through ts duly authorized City
Council hereinafter referred to as
"City" are parties to a lease agreemen[
oa[eo %lovember 23. 1987 (Lease
Agreement), which Lease Agreement
was amended by a First Amendment
dated December 21 1987 and a
Second Amendment dated January 19
1988: and
Whereas, the parties desire to
further clarity and modify the Lease
Agreement to more eieady establisi'
Reqular Session; APril 3; 20,00 125
the limits of the leased area.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1.
The City intends to dispose of its
interest in rea[ property by cladtying
the leased limits of the Lease
Agreement as shown by Lease Area C
on the exhibit attached to the Third
Amendment to Lease Agreement.
Section 2.
That the City Clerk be and is hereby
authorized and directed to cause a
notice of intent to dispose of said real
estate to be published in the manner as
prescribed by law,
Passed, approved and adopted this
3rd day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cb Clerk
Markham moved adoption of the
Reso[ation and set matter for public
hearing on 4-17-2000 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 Robbins. Motion carded 7-0.
City Manager recommending a
revised schedule for bidding and
demolition of the Dolan Budding and
that a public hearing be set for May 1,
2000, presented and read. MichalskJ
moved that the communication be
received and filed. Seconded by
Robbins. Motion carried 7-0.
RESOLUTION NO. 141--00
RESOLUTION RESCINDING
RESOLUTION NO. 93-2000 AND
ORDERING BIDS AND FIXING
DATES OF HEARING ON PLANS
AND SPECIFICATIONS FOR
DEMOLITION AND SITE
CLEARANCE OF THE DOLAN
BUILDING (330-336 MAIN STREET)
Whereas, by Resolution No. 93~
2000, this City Council authorized and
directed the advertlaing of bids for the
demolition and site clearance of the
Dolan Building at 330-0336 Main
Street; and
Whereas, subsequent events
necessitate the revision of bid
documents for said project including, in
particular, the schedule for bidding and
completion.
NOW, THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Resolution No. 93-
2000 is hereby rescinded.
Section 2. That the City Clerk is
hereby author~ed 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 par[ hereof.
Section 3. That on the 1st day of
May, 2000, a public hearing will be held
at 6:30 p.m. in the Public Library
Auditorium at which time interested
~ersons 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 4. That the City Clerk is
hereby directed to cause notice of the
time and place of such hearing to be
~ublished 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 of the
headng.
Passed, adopted and approved this
3rd day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the
Resolution and set matter for public
hearing on 5-1-2000 at 6:30 P.M. in the
Public Library Auditorium and that the
City Clerk publish notice in the manner
~reecdbed by law. Seconded by
Robbins. Motion carried 7-0.
There being no fur[her business,
Michalski moved to adjourn. Seconded
by Nicholaon. Motion carded 7-0. The
meeting adjourned at 8:24 P.M.
/s/Jeanne F. Schneider
City Clerk
Approved ~ /'~// ,2000
Adopted ¢,~,~.z¢4 1'7, ,~ ,2000
- z/ C~'n~il Mernb~r~ ~ ..,
~, Clerk
126 Special Session, April 17, 2000
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Approved ~ /'~¢ ,2000
A doptad .,2000
City Council, Special Session,
Monday, April 17, 2000
Council Met for Dinner at 5:00 P.M. in
the Library Rotunda.
At 5:39 P.M. Council met in Special
Session in the Public Library
Auditorium
Present: Mayor Duggan, Council
Members Markham, Michalski,
Nicholson, Robbins, Cline, City
Manager Michael Van Milligen,
Corporation Counsel Barry A. LindahL
Absent at Roll Call: Council Member
BuoL
Council Member Buol en[erea the
Chambers at 5:41 P.M.
Mayor Duggan read the call ane
stated this is a Special Session of the
City Council called to conduct a join~ Council Members
sessior with the Histodc Preservation Attas~/
-{istoric Preserv~on Commissioners//~'~w Clerk -
Ken Kringle, Terry Mozena. Jim Gibbs, (..,,~ --
Susanne Guinn Para Bradford were in
attendance with Chair Ken KringIe ano
Commissioners Terr¢ Mozena and Jim
Gibbs speaking of the review and
undate of the Historic Preservation
Ordinance.
There was a discussion of [he
various elemen[s of the proposee
Ordinance. Direction was given to
remove mention ef an additiona staff
position in the problem solving process
steps ane also [o substitute the word
-explore" for "approve" for Section B
Nos. 1 through 5: ana [o seek public
input on proposed changes.
At 6:30 P.M. upon consensus
Counc adjourned this Special
Session
/s/Jeanne F. Schneider
City Clerk
Reqular Session, APril i7, 2000
127
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, Apdl
17, 2000
Council met at 6:33 P.M. in the
Public Library Auditorium
Present Mayor Duggan, Council
Members Dual, Markham, Michalski,
Nicholson, Robbins, Cilne, City
Manager Michael Van Mil[igen,
Corporation Counsel Barry UndahL
Mayor Duggan read the call and
stated this is the Regular Session of
the City Council called for the purpose
of acting upon such business which
may properly come before the Council.
Invocation was given by Pastor Glen
D. Larsen, Jr. of the Immanuel
Congregational United Church of
Chdst.
PROCLAMATIONS: Fair Housing
Month -Apdl, 2000 received by Human
Rights Commission Chair Thom
Daterman; Community Development
Week - Apd124 - 30, 2000 received by
Community and Economic
Development Director Jim Burke; Arbor
Day - Apdl 29, 2000 received by City
Forester Steve Pregler; Sertoma
Candy Days - May 12 and 13, 2000
received by Harry Aithaus.
Minutes Submitted: CMl Service
Commission of 3,'22; Community
Development Advisory Commission of
3/21; Environmental Stewardship
Advisory Commission of 4/4; Housing
Commission Trust Fund Committee of
3/15; Library Board of Trustees of 2/24;
Park and Recre~en Commission of
3/14, presented and read. Dual moved
that the minutes be received and flied.
Seconded by Nicholson. Motion
carded 7-0.
Proof of Publication of Council
Proceedings for 3/20/00; and List of
Claims and Summary of Revenues for
month ending February, 2000,
presented and read. Dual moved that
the proof be received and tiled.
Seconded by Nicholsom Motion
carried 7-0.
Printed Official Proceedings for
month of January, 2000, presented and
read. Buol moved thatthe proceedings
be approved as printed. Seconded by
Nicholson. Motion carried 7-0.
Finance Director submitting
Financial Report for Mamh, 2000,
)resented and read. Buol moved that
the report be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
C~ Manager submitting the
Quarterly Investment Report, presented
and read. Dual moved that the report
be received and filed. Seconded by
Nichelson. Motion carded 7-0.
Notice of Claims/Suits: Michael
Nichols in estimated amount of $53.95
for vehicle damage; Patdcia K. Ruden
in estimated amount of $1,872.38 for
vehicle damage; Herb Kilnkhammer in
undetermined amount, presented and
read. Dual moved that the claims and
suits be referred to the Legal Dept. for
investigation and report, Seconded by
Nicholson. 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: vehicle damage claim
of Craig and Cindy Van Hove,
)resented and read. Dual moved that
the communication be received and
filed. Seconded by Nicholson. Motion
carried 7-0.
Corporation Counsel recommending
settlement of property damage claim of
Stephen O'Hea in the amount of $100;
and vehicle damage claim of Brad
P[ummer in the amount of $77.82,
)resented and read. Dual moved that
the recommendations be approved and
Finance Director to issue proper
checks. Seconded by Nicholson.
Motion carded 7-0.
Communication of Reverend Kristian
Kincaid submitting his resignation from
!the Human Rights Commission,
presented and read. Dual moved that
the communication be received and
filed and resignation accepted.
Seconded by Nicholson. Motion
carried 7-0.
Communication of Public Health
Specialist Mary Rose Cordgan
requesting that the position of Sarah
Schneider on the Environmental
128 Regular Session, April 17, 2000
Stewardship Advisory Commlssior be
declared vacant, presented and read
Buol moved thatthe communication be
received and filed and that the oositio~
be declareo vacant. Seconded By
Nicholson. Motion carried 7-0.
Communication from Mike Steve
submitting his resignation from [ne
Plumbing Board, presented and reaa.
Michalski moved that the
commun cation be received and filed
and C~ Manager given direction [o
look nto the relationshio between the
Plumbing Board and City staff.
Seconded cy Nicholson. Motion
carried 7-0.
Communication of Merlin Green
regarding £ransoortation issues in the
area, presented and read. Buol moved
that the communication be received
anc filed ana referred to tne City
Manager. Seconded by Nicho[son
Motion carried 7-0.
Communication of Gary D. Junso,
Vice President. Human Resources for
John Morrell & Co.. submitting Warn
Act Notification to the City of Dubuque,
presented and read. Huol moved that
the communication be 'eceived and
filed. Seconded by Nicholson. Motion
carried 7-0.
Communication of Alan Manternach,
Chairperson of the Dubuque County
Hoard of Supervisors. supporting me
City of Dubuoue Land and Water
Conservation Fund Grant aoolication
for the Riorow Valley Restoration
Project, oresentec and read Buol
moved that tne communication ce
received ano filed. Seconded by
Nicholson. Motion carded 7-0.
April 3, 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 tnsoector was
administered on March 22, 2000.
We hereby certify that the following
individuals nave oassed this written
examination and the vacancy for this
position should be made from this list.
We fur[her state that this list is good for
two (2) year(s) from above date
INSPECTOR Ii
Chades Hattman
Thomas Kopp
Thomas Reed
Gerald Stoffe
:~espectfully submitted,
/si Merle J. Duehr Jr.
Chairperson
Loras J. Kluesner
Civil Service Commission
Buol moved to make [ne above Civil
Sen/ice certification a matter of record.
Seconded Dy Nicholson. Motion
carded 7-0.
City Manager recommending
approval of an agreement with the Four
Mounds Foundatio" [o provide the
summer day camp program as Dar[ of
the Uptown Recreation Program,
presented and read. Buol moved that
the communication ce receivec and
filed aha approved agreement.
Seconded Dy Nicholson. Motion
carded 7-0
City Manager recommending
approw of an agreement with [SU
Extension Services to 2rovide the
summer programs as oar of the
UPtown Recreation Program,
presented and read. Buol movea that
the communication se received an¢
fi~ed and recommendation aaaroved.
Seconded by Nicholson Motion
carried 7-0.
City Manager recommending
approva of the cwo DePartment of
Transportation Agreement for STP
Funding for landscaping along the
Northwest Arterial presented and read.
Buo[ moved that the communication be
received and filed and recommendation
approved.
Request of the Dubuaue Diamond
JO Casino To conduct a fireworks
display on Monday, May 29, 2000 (rain
date of May 30. 2000), oresented and
read. Buo] moveo that the
communication se received and filed
and request approved. Seconded by
Nicholson. Motion carded 7-0
City ~4anager recommending
approval of an aDolication zo the U.S.
Department of Housing and urban
Development [o particiaate in the
Section 8 Housing Voucher Program,
presented and read. Buol moved that
the communication De 'ecelved ano
filed. Seconded b?Nicholson. Motion
carried 7-0.
RESOLUTION NO. 142-00
A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE AN
APPLICATION TO PARTICIPATE IN
THE SECTION 8 HOUSING
VOUCHER PROGRAM
Reqular Session, April 17, 21900
!29
Whereas, the City of Dubuque
recognizes the continuing unmet need
for provision of assisted housing to the
City's quaiitying lower-income families;
and
Whereas, the City has continuously
provided housing assistance to Section
8 Housing Program tenants, since
1976; and
Whereas; the U:S. Department of
Housing and Urban Development has
made funding available to encourage
municipalities to implement innovative
programs promoting the economic
independence of lower-income
families, through cooperating efforts of
the public and private sectors; and
Whereas, and in accordance with
Section 403A. 5 of the iowa Code which
states
"A municipality or a 'Municipal Housing
Agency' may not proceed with a
housing project until a study or a report
and recommendation on housing
available within the community is made
public by the municipality or agency
and is included in its recommendation
for a housing project.
Recommendations must receive
majority approval from the local
governing body before proceeding on
the housing project."
AND IN ACCQRDANCE WITH
Section 213(c) of the Housing and
Community Development Act of I974,
which states in part that it must be
determined whether or not there is a
need for such housing assistance,
taking into consideration any applicable
State or areawide housing assistance
plan as well as generally available data
with respect to population, poverty,
housing over-crowding, housing
vacancies and substandard housing.
An application may be approved only if
this determination is in the affirmative;
and
Wheraas~ this application is
consistent with the current
Comprehensive Housing Affordability
Strategy and Consolidated Plan for the
City of Dubuque.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque has
determined there is a need for
additional housing assistance and is
knowledgeable of the status of
available housing within the City as
required by Iowa Code and that
majority approval of the proposed
housing activity within the City's
jurisdiction is hereby granted.
Section 2. This resolution is
intended to serve as the City of
Dubuque's final notice to the U.S.
Department of Housing and Urban
Development of such approval and that
no additional comment will be made by
the City of Dubuque on this matter.
Section 3. The Mayor is author'Bed
and directed to execute an application
to the U.S. Department of Housing and
Urban Development for participation in
the Section 8 Housing Voucher
Program.
Section 4. The City of Dubuque
Housing Commission has conducted
the necessary public hearing regarding
this application in accordance with
requirements of Chapter 403.A:28 of
the Cede of Iowa, to review and/or
approve or suggest modifications of the
plans for program design and
administration of this proposed
program.
Section 5. The City Manager is
hereby authorized and directed to
forward said application and resulting
standard executed contract to the
respective agencies n a timey fasb on
and as required by the U.S.
Department of Housing and Urban
Development.
Passed, approved and adopted this
17th day of Apdl, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
City Manager recommending
approval of financial assistance to
Opening Doors for the Maria House
transitional housing project, Buol
moved that the communication be
received and filed and recommendation
approved. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of a lease agreement with the
Iowa Department of Transportation ;[o
allow construction of a parking lot
below US 61/151 bridge, presented
and read. Buol moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carded 7~0.
RESOLUTION NO. 143-00
RESOLUTION APPROVING
COMMERCIAL AIRSPACE LEASE
AGREEMENT WITH THE IOWA
DEPARTMENT OF
TRANSPORTATION RELATING TO
THE CONSTRUCTION OF A
PARKING LOT FOR AUTOMOBILE
130 Regular Session, April 17, 2000
AND UGHT TRUCK PARKING
BELOW ELEVATED US 61/151
Whereas, the City of Dubuque is
proposing to construct a parking lot
from 4th to 5th Street, between Central
and White. 'scated on US 61/151 right-
of-way; ano
Whereas, the ~ow~ Depar~men[ of
Transpor[a~on nas proposed a
Commercial Airspace Lease providing
for the terms and conditions relating to
the ease of the right-of-way ano
construction of said parking lot; and
Whereas, the City Council of the City
of Dubuaue approves the terms ana
conditions of said Commercial Airscace
Agreement.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1. That the Iowa Department
of Transportation Agreement consisting
of a Commercial Airspace Lease with
the iowa Department of Transportatior
for the lease of US 61/151 right-of-way
and construction of a parking lot on
DOT right-of-way as Parcel A and
Parcel B on the attached survey plati
Section 2. That the City Council of
the City of Dubuque agrees to a lease
payment of $2,956.80 per year.
Sectior 3. That the Mayor be
authorized and directed to execute two
cooies of the Commercial Airsoace
Lease and fonNard the executed cop~es
To the Iow~ Depar~mem of
Transoorta~on.
Passed. approved and adopted this
17th day of April, 2000.
Terrance M. Duggan, Mayer
Attest: Jeanne F. Schneider, City Clerk
Buol movee aeopt~on of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
City Manager recommending
acceotance of rne Oak Meadows
Sanitary Sewer Project, presented and
read Buo[ movec that the
communication be received and filed
Seconded by Nicholson. Motio~
carried 7-0.
RESOLUTION NO. 144-00
ACCEPTING SANITARY SEWER IN
OAK MEADOW SECOND ADDITION
Whereas. p Jrsuanr to Resolutior
Nos. 95-92 and 1-96, certair
improvemems including sanitary
sewers were installed by the developer
of Lots 1, 2, and A of Block 1 and Lots
1, 2 aha A of Block 2 of Oak Meadow
Second Addition: and
Whereas the sanitary sewer nas
peen completed and the City Manager
has examined the work and nas filed a
certificate stating that the same nas
been comcleted in accorSance with the
plans aooroved by the City Council and
in conformance with City specifications,
and nas recommended mat the
sanitary sewer be accepted by the City
Council.
NOW THEREFORE BE T
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1. Thatthe recommendation
of the City Manager be approved aha
that said sanitary sewer in LOtS 1. 2,
one A of Brock 1 and Lots 1, 2. and A
of Block 2 of Oak Meadow Second
Addition be and the same is nereoy
accepted.
Section 2. That maintenance of said
sanitary sewer shall be the
responsibility of the contractor and the
owner until April 29, 2000.
Passed, approved and aoopted this
17th dayofApfil 2000.
Terrance M. Duggan Mayor
Attest: Jeanne F. Schneider City Clerk
Buo moved adoption of [he
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of an agreemera ane partial
re~ease vVith Amoco Oil Con' 3any
related to construction of the SeiDDel
Road am :~ their easement for a oioeline.
presented and read. Buol moved that
the communication be 'eceived and
filed. Seconded By Nicho[son Motion
carried 7-0.
RESOLUTION NO. 145-00
RESOLUTION APPROVING
AGREEMENT & PARTIAL RELEASE
WITH THE AMOCO OIL COMPANY
RELATING TO THE PLATTING OF
SEIPPEL ROAD IN SECTION 31,
T89N, R2E, 5TH P.M., DUBUQUE
COUNTY, OWA
Whereas Amoco O[ Company
constructed a pipeline across property
legally described as the SW 1/4 ano
Lot 1 ofthe SW 1/4 ofthe SE 1/4 all in
Section 31. T89N, R2E. 5th P.M.,
Dubuque County, Iowa; and
Whereas a Right-Of-Way
Conveyance was granted to Standard
Oil. Company, its successors ano
assigns covedng [ne aforementioned
legal description and recorded in Book
L36, Page 63 on July 26. 1946. in the
Office of the Dubuque County
Recorder: anti
Whereas, Amoco Oil Company is
willing to descdbe and limit its right-of-
way to a defined stnp across said real
Regular Session, APril 17; 2000
131
estate, now owned by the City of
Dubuque; and is willing to release the
remainder of said real estate from the
terms and provisions of said tight-of-
way contract.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Agreement & Par[iai
Release File 4000-776 consisting of an
agreement providing for a partial
release of a right-of-way contract for
pipeline construction be approved.
Section 2. That the Mayor be
authorized and directed to execute two
copies of this agreement providing for
partiaJ release and forward the
executed copies to Amoco Oil
Company . for their approval;
Passed, approved and adapted this
17th day of April, 2000.
Terrance M. Duggan, Mayor
Atlest: Jeanne F. Schneider, City Clerk
Buol moved adop~on of the
resolution. Seconded by Nichoison.
Motion carried 7-0.
City Manager recommending
approval of the assignment of leases
with Dubuque Terminals, [nc., to the
Peavy Company, presented and read.
Buol moved thatthe communication be
received and tiled. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 146-00
RESOLUTION AUTHORIZING THE
ASSIGNMENT OF CERTAIN LEASES
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND DUBUQUE TERMINALS,
INCORPORATED TO THE PEAVEY
COMPANY
Whereas, the City of Dubuque, iowa
has leased to Dubuque Terminals, Inc.
certain rea[ property pursuant to the
following leases:
1. Lease and Agreement dated
February 11, 1963 (a/Ida 1982).
2. First Amendment to Lease and
Agreement dated December 14, 1965.
3. Exhibit "A", Amendment to Lease
dated July 14, 1967.
4~ Amendment to Amended and
Substituted Lease and Agreement
dated January 28, 1982.
5. Assignment of Lease to Dubuque
Terminals, [nc. dated December 6,
1993.
6. Assignment of Lease to Dubuque
Bank and Trust Company dated May 2,
1994; and
Whereas, Peavey Company has
requested that the City consent to the
assignment of the above-described
leases by Dubuque Terminals, [nc. to
Peavey Company; and
Whereas, the lease agreements
allow the assignment of leases by the
Lessee at its option upon prior written
approval of the City, to the extent that
the City's interest shall be fully
protected; and
Whereas, the City Council of the City
of Dubuque, Iowa, has determined that
it is in the best intei'est of the City to
consent to such assignment.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the City consents to
the assignment of the above-described
leases from Dubuque Terminals, Inc. to
Peavey Company, and the form of the
assignment a copy of which is attached
hereto, is hereby approved.
Section 2. That the Mayor be
authorized and directed to sign the
consent to the assignment on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this
17th day of Apd[, 2000.
- Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adopdon of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approval of the wage plan and
compensation package for non-
bargaining unit employees, presented
and read. Buol moved that the
communication be received and tiled.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 147-00
APPROVING THE WAGE PLAN AND
COMPENSATION PACKAGE FOR
NON-BARGAINING UNIT
EMPLOYEES
Whereas, [t has been the practice to
provide a compensation package to
non-bargaining unit employees similar
to the compensation package to be
received by bargaining unit employees;
and
Whereas, the proposed wage plan
for non-bargaining unit employees
represents an increase of 2.6 percent
across the.board effective July 1, 2000,
which is consistent with the wage
increase to be received by the City's
bargaining units.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the wage plan and
compensation package for non-
bargaining unit employees is hereby
132 Regu~r Session, April 17, 2000
approved.
Passee approved and adooted this
17th day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Mary A. Davis. City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
City Manager recommending
approva~ of the final plat of Forest
Grange Subdivision. presented and
teac. Buol moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
RESOLUTION NO. 148-00
A RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 18, 19, 20, 21
AND 22, FOREST GRANGE
SUBDIVISION, IN DUBUQUE
COUNTY, IOWA
Whereas there has been filed with
the City Clerk a final plat of Lots 18, 19
20, 21 and 22, Forest Grange
Subdivision, in Dubuque County; Iowa,
and
Whereas upon said final 21at appear
streets to be known as Forest Meadow,
and
Whereas. the 2reliminary plat has
been examined by the Zoning Advisory
Commission and has its approval
endorsed thereon with the waiver of
Article IV. Design and Improvement
Standards of the Subdivision
Regulafions, except for Section 42~19
and
Whereas said fina 0tat has Been
reviewed by the City Planner ano had
her approval endorsed thereon and
Whereas, said fina 21at has been
examined by the City Council and they
find that it conforms to the statutes and
ordinances relating to it.
NOW. THEREFORE, BE iT
RESOLVED BY THE CITY COUNCIL
OFTHE CITYOF DUBUQUE iOWA:
Section 1. That the final ~lat of Lots
18. 19, 20, 21 and 22. =crest Grange
Subdivision, in Dubuque County, Iowa
is hereby approved and the Mayor and
City Council are hereby authorized and
directed to endorse the approva~ of the
City of Dubuque, Iowa, upon said final
plat.
Section 2. That the City Council
hereby waives Article IV Design aBc
Imerovement Standards except for
Section 42-19. Lots and Blocks of the
City Subdivision Regulations.
Passed, approved and adopted this
3rd day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buol 'noved adoption of the
resolufion. Seconded by Nicholson.
Mofion carried 7~0.
City Manager 'ecommending
acceptance of the utility relocafion
costs for the Old Main Freeway
Frontage mprovemen! Project,
presented and read. Buol moved that
[ne communication De received and
filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 149-00
RESOLUTION APPROVING FINAL
PAYMENT TO INTERSTATE POWER
COMPANY NOW KNOWN AS
ALLIANT ENERGY, US WEST
COMMUNICATIONS, TCl OF IOWA,
INC, ',iOW KNOWN AS AT&T CABLE
SERVICES, AND STEVE ULSTAD
ARCHITECTS FOR THE OLD MAIN
FREEWAY FRONTAGE
IMPROVEMENT PROJECT AND
REQUESTING FINAL
REIMBURSEMENT OF INTERMODAL
SURFACE TRANSPORTATION
EFFICIENCY ACT (ISTEA)
ENHANCEMENT FUNDS.
Whereas, the City of Dubucue. owa
has received federal nmrmoda
Surface Transeortation Efficiency Act
(ISTEA) funding from me Iowa
Department of Transportafion unaer
the Statewide Enhancement Funding
Program for the Old Main Freeway
Frontage morovement Project: and
Whereas. [ne Cid V~ain Freeway
Frontage improvement Project consists
of placing undergrouna the overhead
wires in a four block area of downtown
Dubuque adjoining U.S. Highway 61-
151; ana
Whereas Utility Relocafion
Agreements 2etween the City of
Dubuque and Interstate Power
Company, US West Communications
and TCI of iowa, Inc. to relocate their
aboveground facilities underground
between 4th Street and the Locust
Street connector were approved by the
City Counci on July 7, 1997 Dy
Resolufion No. 276-97 and
Whereas the project has been
completed and the City concurs with
the final audit completed by the owa
Debar[mere of Transportation of the
project costs.
NOW. THEREFORE BE iT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE OWA:
Section 1. Thatthe Utility Relocation
Reqular Session, April,17~ 2600
133
Agreement between the City of
Dubuque and interstate Power
Company, now known as Alliant
Energy, is hereby approved as
complete for a total final cost of
$413,619,39,
Section 2. That the Utility Relocation
Agreement between the City of
Dubuque and U.S. West
Communications is hereby approved
as complete for a total final cost of
$31,036~85.
Section 3. That the Utility Relocation
Agreement between the City of
Dubuque and ATT Cable Services (TCI
of iowa, inc.) is hereby approved as
complete for a tetal final cost of
$24,341.90.
Section 4. That the Construction
Management contract between the City
of Dubuque and Steve Uistad
Amhitects is hereby approved as
completed for a total final cost of
$43,168.69 for project management of
the Old Main Freeway Frontage
Improvement Project.
Section 5. That the City Treasurer is
hereby directed to make payments to
AJiiant Energy, US West
Communications, ATT Cable Services
and Steve Uletad Architects in the
above stated amounts.
Section 6. That the City Manager be
and he is hereby authorized to request
reimbursement from the Iowa
Department of Transportation for the
Intermodal Sur¢ace Transportation
Efficiency Act (ISTEA) Enhancement
Funds in the amount of $375,198.51 for
the above project.
Passed, approved and adopted this
17~h day of April, 2000.
Terrance M. Duggan, Mayor
At, sst: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 70.
City Manager recommending
selection of IIW as the engineering
consultant for the extension of
Chavenelle Road, presented and read.
Buol moved that the communication be
received and tiled. Seconded by
Nicholson. Motion carried 7-0.
RESOLUTION NO. 150-00
A RESOLUTION APPROVING THE
SELECTIQN OF IIW ENGINEERS &
SURVEYORS, P.C. FOR THE DESIGN
AND CONSTRUCTION OF THE
WESTERLY EXTENSION OF
CHAVENELLE ROAD AND
AUTHOPJZ[NG THE CITY MANAGER
TO EXECUTE AN APPROPRIATE
CONTRACT FOR SAID STUDY.
Whereas, the City of Dubuque, Iowa
has identified the need for industrial
development sites as a top community
priority; and
Whereas, a Request for Preposals
solicited consultant services to provide
design and engineering services for the
westedy extension of Chavenelle Road;
and
Whereas, llW Engineers &
Surveyors, P.C. is recommended to
complete the design and engineering
project.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Thetthe selection of IIW
Engineers & Surveyors, P.C. as the
consultant for the westedy extension of
Chavenelle Road project for the City of
Dubuque is hereby approved;
Sec'don 2. Thatthe City Manager is
hereby authorized to execute, on behalf
of the City Council of the City of
Dubuque, owa, a contract with IIW
Engineers & Surveyors, P;C. for
consultant services not to exceed
$36,500.00 for design services plus an
estimated $15,000.00 for construction
management services.
Passed, approved and adopted this
17m day of April, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Communication from the State
Historical Society of Iowa advising that
Four Mounds will be considered for
nomination to the National Register of
Historic Places, presented and read.
Buol moved that the communication be
received and tiled and referred to the
City Manager. Seconded by Nicholson.
Motion carded 7-0.
Communication from Corporation
Counsel requesting Mayor and City
Council approval of release and
Settlement Agreement in Lee County,
el al, V. IASD Health Services
Corporation d/b/a/ Wellmark Blue
Cross and Blue Shield of Iowa,
presented and read. Buol moved that
the communication be received and
filed and recommendation approved.
Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 151-00
Whereas, applications for Liquor
134 Regular Session, April 17, 2000
Licenses have been submitted to this
Council for approval and the same
have eeen examined aha approved;
and
Whereas the premises to be
occupied Dy SUCh applicants were
inspected and found to comply with the
State Laws and al City Ordinances
relevant thereto aha they have filed
proper bonds.
NOW TH'EREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF T'-~E CITY OF DUBUQUE IOWA:
That the Manager be authorized to
cause to be issued the following nameo
applicants a Liquor License.
CLASS "LA" (CLUB)
BEER/LIQUOR LICENSE
Dubuoue Loyal Order of Moose
Dbq Loyal Order of Moose #355
+(Suqday Sa[es) 1166 Main
CLASS "C" [COMMERCIAL)
BEER/LIQUOR LICENSE
Dukes Place Inc. Dukes Place
+(Sunday Sales) 2600 Dodge
Myra Woodman Central TaD
+(Sunday Sales) 1046 Central
GMRI. Inc. Olive Garden ItJn Rstr
+(Sunday Sales) 3350 Dodge
Jeannine <ersch Idle Hour
+(Sunday Sales) 1555 Central
Maw Lou Kamp Noonan's Tap
+(Sunday Sales) 1618 Contra
Donna Giuter West Dubuque Tap
+(Sunday Sales) 1701 Asbury
Passed approveo and aooeted this
17th day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Buol moved auoption of the
resolution. Seconded Dy Nicholson.
Motion carried 7-0.
RESOLUTION NO. 152-00
Whereas applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same nave been examined and
approved: and
Whereas, the premises to De
occupied by such applicants were
inspec~ea and found to comply with the
Ordinances of this City and have filed
proper bonds.
NQW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
That the Manager be authorized m
cause To be issued the following ~amea
applicants a Beer Permit
CLASS "C" BEER PERMIT
A & T LLC Plaza 20 Amoco
+(Sunday Sales) 2600 Dodge
Wareco Service Inc. Wareco # 662
(Sunday Sales) 700 Rhomberg Ave
CLASS "B" BEER PERMIT
(5 DAY SPECIAL EVENT)
Donna Giote~ Dubuque(est
+(Sunday/Outdoor Sale)
7th & Town Clock Plazs
Dubuoue Jaycees Main St Event
+(Outdoor Sale,
Tent A Main Stflst - 3rd)
Dubuque Jaycee Main St Event
+(Outdoor Sale)
Tent B Main St(lst- 3rd)
Passed, approved and aoopted this
17th dayofApri 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Buol ,moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the
Council to express their desire to serve
on the following Boards/Commissions:
LONG RANGE PLANNING
COMMISSION: Applicants: Chris
Cur(man and John F. Michalski
Mr. Currman and Mr Michaiski both
spoke requesfing consideration fo-
appointment
APPOINTMENTS To me following
Boards/Commissions:
CIVIL SERVICE COMMISSIQN:
Applicant: Richard Werczberger. Mayor
Duggan appointed, with unanimous
concurrence of Council Mr.
Wertzberger To ~ne Civii Service
Commission for a four year term which
will expire 4-6~04.
Michalski moved that the rules ce
suspended to allow anyone present to
address the Counci if they so desire
Seconded by Robbins. Motion carried
7-0.
Proof of Publication on kJofice of
Public Hearing to consider disposing of
City's interest in Lot 2 of 6 of Minera
Lot 322. Dubuque, Iowa and
communication of CH Manager
recommending approval of the
disposition of the City's interest in -ct 2
of 6 of Mineral Lot 322 To Dubuoue
Stamping and Manufacturing:
presented and read. Buol moved that
me proof and communication be
received aha filed Seconded Dy
Markham. Motion carried 7-0.
Dave Spahn from Dubuque
Stamping Co. spoke requesting this
property.
Reqular Session, April 17i 2008
135
RESOLUTION NO. 153-00
RESOLUTION DISPOSING OF
CITY INTEREST IN LOT 2 OF 6 OF
MINERAL LOT 322, DUBUQUE, 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
Dqbuque, Iowa on the 7th day of April,
2000, the City Council of the City of
Dubuque, Iowa met on the 17th day of
April, 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 described as:
Lot 2 of 6 of Mineral Lot 322 in the
City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City
Of Dubuque, lo,va overruled any and all
objections, oral or written to the
proposal to sell such real estate,
except for easements as noted.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of
Dubuque real property descdbed as
Lot 2 of 6 of Mineral Lot 322 in the City
of Dubuque, 10wa to Dubuque
Stamping & Manufacturing be and the
same is hereby approved for the sum
of $1.00 plus cost of publication,
platting and tiling fees. Conveyance
shall be by Quit Cl~iim 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, repairing, owning,
operating, and maintaining water,
sewer, drainage, gas, telephone, t.v.
sable, and electric lines as may be
authorized by the City of Dubuque,
Iowa, as shown on the plat of survey of
Lot 1 of 6 and Lot 2 of 6 of Mineral Lot
322. No structure shall be built over
the easement area.
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
Dubuque Stamping & Manufacturing
upon receipt of the purchase price in
full:
Section 4. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
resolution in the office of the City
Assessor, Dubuque County Recorder
and Dubuque County Auditor.
I Passed, approved and adopted this
17th day of APril, 2000.
Terrance M. Duggan; Mayor
Attest: Jeanne F. Schneider, C~ Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
Proof of Publication on Notice of
Public Hearing to consider an
amendment to the Dubuque Yacht
Basin Lease and communication of
City Manager recommending approval
of amendments to the lease agreement
between the Dubuque Yacht Basin,
Inc., and the City of Dubuque, Iowa,
presented and read. Markham moved
that the proof and communication be
received and filed. Seconded by
Nicholson. Motion carried 7-0.
Attorney Art Gilleen representing the
Shanley's spoke appreciatively of the
Cites approval.
RESOLUTION NO. 154-00
RESOLUTION APPROVING THIRD
AMENDMENT TO LEASE
AGREEMENT DATED APRIL 8, 1970
Whereas, the Yacht Basin, Inc. has
one certain Lease Agreement with the
City of Dubuque dated Apdl 8, 1970, as
amended by a First Amendment dated
November 3, 1970, and a Second
Amendment dated February 12, 1975;
and
Whereas, the Yacht Basin, Inc. and
the City wish to cladfy the Leased limits
of the Lease Agreement as shown by
Lease Area A on the exhibit attached to
the Third Amendment to Lease
Agreement
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWAc
Section 1. That the Third
Amendment to Lease Agreement dated
April 18, 1970, be hereby approved
and the Mayor be authorized and
directed to execute the Third
Amendment to the Lease Agreement
dated April 8, 1970, as amended by a
First Amendment dated November 3,
1970, and a Second Amendment dated
February 12, 1975.
Section 2. That the City Clerk be
and is hereby authorized and directed
to record a certified copy of this
resolution and Third Amendment to the
Lease Agreement dated April 8, 1970,
in the offices of the City Treasurer,
Dubuque County Recorder, and
Dubuque County Treasurer.
Passed, approved and adopted this
17th day of June, 2000.
136 Regular Session, April 17, 2000
Terrance M Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markharr moved adoPtiOn of the
Resolution. Seoondec Dy Nicholson.
Motion carried 7-0.
RESOLUTION NO. 155-00
RESOLUTION APPROVING FIRST
AMENDMENT TO LEASE
AGREEMENT DATED FEBRUARY 5,
1974
Whereas. the Yacht Basin [nc. has
one certain Lease Agreement ~th the
City of Dubuque dated February 5
1974: ane
Whereas the Yacht Basin and the
City wish to clari~ the Leased limits of
the Lease Agreement as snown by
Lease Area B on the exhibit attached to
tne First Amendment to _ease
Agreement.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE IOWA:
Section 1. That the First Amendment
to Lease Agreement dated February 5
1974 be hereby approvee and tne
Mayor ue authorized and directed to
execute the First Amendmenl [o me
Lease Agreement dated February 5.
1974.
Section 2. That the City Clerk be and
is hereby authorized and directed to
record a certified copy of this resolution
and First Amendment to the Lease
Agreement dated February 5, 1974. in
the offices of the City Treasurer
Dubuque County Recorder and
Dubuque County Treasurer.
Passed. approved ane aeoeted this
17th day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider City Clerk
Markham moved adoption of the
Resolution. Seconded by Nicholsor
Motion carried 7-0.
RESOLUTION NO. 156-00
RESOLUTION APPROVING THIRD
AMENDMENT TO LEASE AGREE-
MENT DATED NOVEMBER 23, 1987
Whereas, the Yacht Basin Inc. has
one certain Lease Agreement with the
City of Dubuque dated November 23,
1987, as amendec by a First
Amendment dated December 21 1987.
and a Secona Amendment dated
January 19, 1988: and
Whereas. the Yacht Basin. [nc. and
the City wish to clarify the Leased limits
of the Lease Agreement as ShOWn by
Lease Area C on the exhibit a~acned
[o [ne Thirc Amendment ro Lease
Agreement.
NOW THEREFORE BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE. IOWA:
Section 1 That the Third
Amendment to Lease Agreement dated
November 23, 1987 ee hereby
approved and the Mayor be authorized
and directed to execute the Third
Amendment to the Lease Agreement
dated November 23, 1987. as
amended by a First Amendment dated
December 21. 1987, and a Second
Amendment dated January 19, I988.
Section 2. That the City Clerk be
and is hereby authorized and directec
to 'ecord a certified capy of this
resolution and Third Amendment to
Lease Agreement dated November 2~,
1987, in the offices of the City
Treasurer Dubuque County Recorder.
and DubL que County Treasurer.
=assed, aeeroved and adoeted this
17th day of April 2000
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider. City Clerk
Markham moved ar~ootion of [ne
Resolution. Secondec oy Nicholson.
Motion carried 7-0
Proofs of Publicatic q or Notice of
Headng on Plans and Specs aec
Notice of Hearing to Property Owners
on Resolution of Necessity for 2000
P.C. Concre[e Paving Project - No_ 1
consisting of College Street, Parkway,
Douglas, and Langworthy from College
toBooth. 2resentee-ane read. Robbins
moved that tee proofs be received and
filed. Seconded by Nicholson Vlotion
carried 7-0.
RESOLUTION NO. 157-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas on the 15th day of March.
2000. Dtans specificationS, form of
comract ane est[mated cost were filed
with me City Clerk of Dubuque, Iowa
for the 2000 P.C Concrete Paving
Projec[ - No. 1.
Whereas notice of hearing on plans,
specifications form of contract, ana
estimated cost was published as
required by law.
NOW THEREFORE. BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITYOF DUBUQUE IOWA:
That the said p~ans, specifications
form of contract and estimated cost are
nereey approved as the plans
specifications form of contract and
estimated cost for said improvements
for said project.
Passed. adoeted and approved this
17th day of April, 2000.
Regular Session, April 17~ 2000
t37
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicheison.
Motion carded 7-0.
RESOLUTION NO. 158-00
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 2000 P.C.
CONCRETE PAVING PROJECT
-NO. 1
Whereas, the City Council has
proposed a Resolution of Necessity for
the 2000 P.C. Concrete Paving Project
- No. 1, has given notice of the public
hearing thereon as required by law;
and
Whereas, the public, headng has
been held, all persons offedng
objections have been heard and
consideration given to all objections
and is pending before this Council; and
Whereas, this is the time and place
set as provided for the taking of action
on the proposed Resolution of
Necessity.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the proposed Resolution of
Necessity described above is hereby:
X Adopted, without amendment, and
all objections filed or made having
been dully considered are overru[e(J.
Passed~ adopted and approved this
17th day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution: Seconded by Nicheison.
Motion carded 7-0.
RESOLUTION NO. 159-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the 2000 P.C. Concrete Paving
Project -No. 1 is hereby ordered robe
advertised for bids for construction:
BE iT FURTHER RESOLVED, that
the amount of the security to
accompany each bid shall be in an
amount which shell 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 advedJse for bids for the construction
of the improvements herein provided,
to be published in a newspaper having
genera[ circulation in the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days pdor to the receipt of
said bids at 2:00 p.m. on the 4th day of
May, 2000. Bids shall be opened and
read by the City Clerk at said time and
will be submitted to the Council for finei
action at 6:30 p.m. on the 15th day of
May, 2000.
Passed, adopted and approved this
17th day of April, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Proofs of Publication on Notice of
Hearing on Plans and Specs and
Notice to Bidders on the Fengler and
Kerper Intersection Project and
recommendation of City Manager to
award contract, presented and read.
Robbins moved that the proofs and
communication be received and flied.
Seconded by Nicheison. Motion
carried 7-0.
RESOLUTION NO. 160-00
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas; on the 1st day of March,
2000, plans; specifications, form of
contract and est[mated cost were filed
with the City Clerk of Dubuque, Iowa
for the Fengler and Kerper Intersection
Project
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as
required by [aw.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications,
form of contract and estimated cost are
hereby approved as the plans,
specifications; form of contract and
estimated cost for said improvements
for said project.
Passed, adopted and approved this
17th day of Apdl, 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. 161-00
AWARDING CONTRACT
Whereas, sealed proposals have
been submitted by contractors for the
Fengler and Kerper intersecflon Project
~ureuant to Resolution No. 91-00 and
notice to bidders published in a
138 Regular Session, April 17, 2000
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 6th day
of Apdl, 2000, and it has been
determined that the bid of Tschiggfde
Excavating, Inc. of Dubuque, Iowa, in
the amount of $204,049~30 was the
lowest bid for the furnishings of all
labor and materials and performing the
work as provided for in the plans and
specifications.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, iOWA:
That the contract for tne above
improvement be awarded to Tschiggfrie
Excavating, Inc. and the Manager be
and is hereby directec to execute a
contract on 3ehaf of tne City of
Dubuoue for the complete performance
of the work.
~ See Next Page - I'll insert that copy
into the proceedings[
BE IT FURTHER RESOLVED:
That upon the signing of said
contrac~ 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
17th day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cit~ Clerk
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carded 7-0.
Proof of Publication on Notice of
Public Hearing on amendment to the
Fiscal Year 2000 budget and
communication of City Manager
recommending aeoption of the
amendment, presented and read
Robbins movec that the oroof ano
communicatio~ be received and filed
Secondeo Dy Nicholson. Motion
carried 7-0,
Reqular Session, April 17~ 2000
139
Robbins moved adoption of the
resolution. Seconded by Nicholson.
Motion carried 7-0.
Nichdison moved that the rules be
reinstated limiting discussion to the
Council. Seconded by Robbins.
Motion carded 6.0.
Rick Beecher requesting to address
the Council regarding a waiver of a City
ordinance, presented and read.
Rick Beecher, 2764 Hickory Hill
Court, spoke requesting this one time
only amendment to the City Ordinance
allowing alcohol into Gay Park for a
Class Reunion.
Michalski moved to amend the
Ordinance to allow consumption of
alcohol and bringing in of coolers in
Gay Park between noon and 5:00
o'clock p.m. Seconded by Budi.
Motion carded 7-0.
City Manager recommending
approval of a right-of-way
encroachment at 2206 Central Avenue
for installation of a projecting sign,
presented and read. Buel moved that
the communication be received and
flied. Seconded by Nichdison. Motion
carried 7-0.
An Ordinance Authorizing The
Fischer Companies to construct a
projecting sign at 2206 Central Avenue,
presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 35-00
AN ORDINANCE AUTHORIZING THE
FISCHER COMPANIES TO
CONSTRUCT A PROJECTING SIGN
AT 2206 CENTRAL
NOW THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE, IOWA:
Section 1. That the Pischer
Companies, as the owner of the
premises known as 2206 Central
Avenue, Dubuque, Iowa, and legally
described as Lot 2B of LH.
Langworthy's Addition, be and they are
hereby granted the revocable permit
and authodtyto construct and maintain
a sign 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 permiftees and
approved by the City Manager, under
the supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission
herein granted is expressly conditioned
on permittees' agreement to:
a. Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or
maintenance of said sign; and
b. Procure and maintain in force dudng
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, all sums which the City of
Dubuque shall become obligated to
pay by reason of the liability imposed
upon the City of Dubuque for damages
of any kind resulting from the location,
installation, existence, construction or
maintenance of said sign sustained by
any person or persons, caused by
accident or otherwise to defend at its
own expense and on behalf of said City
a~ ~lalm against the City of Dubuque
arising out of the location, installation,
ex~stsnoe, construction or maintenance
of sign 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 herein.
Section 4. That the permission
herein granted is expressly conditioned
upon perm~ees' further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their
successors in interest, as owners of the
abu~ng property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said sign and in the
event of their failure to do so, the City
of Dubuque shall be authorized to
remove said sign 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 sign.
Section 5. That permAees covenant
and agree that the revocable permit
herein granted does not constitute an
140 Regular Session, April 17, 2000
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 asseCced for death,
personal injudes and/or property
damage against the perm[trees arising
out of or in anyway connected with the
location, installation, construction,
design, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights
hereunder accrue to (sign)(Fischer
Companies) when this Ordinance has
been adopted by the City Council add
the terms and conditions thereof
accepted by permittees by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be
and she is authorized and directed to
file au Dermittees' expense a copy of
this ordinance in the Office of the
Recorder in and for Dubuque County,
Iowa
Passed. approved and adc2(ed this
17th day of April, 2000.
Terrance M. Duggan, Mayor
Atbest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF
ORDINANCE NO. 35-00
I (We), the undersigned having read
and being familiar with the terms and
conditions of Ordinance No. 35-00,
hereby, for themselves, their
successors or assigns, as owners of
the abutting property, accept the same
ano agree [o 3e bound Dy the
conditions and agreements therein
contained to be performed by
permittees.
By: Ronald Helbing
Title: Facilities Manager
Dated: 4/5/00
Published officially in the Telegraph
Herald newspaper this 21st day of
Apdl. 2000.
Jeanne F. Schneider City Clerk
It 4/21
Buol moved that the requirement
that a proposed Ordinance be
consider~ed and voted on for passage
al two Council Meetings prior to the
meeting al which it is to be finally
passed be suspended aRC further
moved dna] consideration and passage
of the Ordinance. Seconded by
Nicholson. Motion carded 7-0.
City Manager recommending the
selection of Veenstra & Kimm inc., as
the consultant for the Hedtage Trail
Extension Project, presented and read
Michalski commended Staff on
presentation and material of the
Heritage Trail Extension Project.
Michalski moved that the
communication be received and filed
and that the recommendation be
approved. Seconded by Nicholson.
Motion carded 7-0.
City Manager requesting that a
worksession be scheduled for May 1,
2000 to discuss the Community
Transportation Study, presented and
read. Michalski moved that the
communication be received and tiled
and approved the request setting
Worksession for 5-1-2000 at 5:30 P.M.
Seconded by Buol. Motion carded 7-0.
City Manager recommending
adoption of a modified weight limit for
the Brunskill Road and Louise Lane
Bddges, presented and read.
Markham moved that the
communication be received and filed.
Seconded by Nicholson. Motion
carded 7-0.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 36-00
AN ORDINANCE AMENDING
SECTION 32~185(a) OF THE CITY O.F
DUBUQUE CODE OF ORDINANCES
PROHIBITING HEAVY VEHICLES ON
CERTAIN BRIDGES BY ADDING
BRUNSKILL ROAD BRIDGE AND
LOUISE LANE BRIDGE
NOW. THEREFORE, BE T
ORDAINED BY THE CITY COUNC L
OF THE CITY OF DUBUQUE OWA:
Section 1. That the Code of
Ordinances of the City of Dubuque
Iowa be amended by deleting
Subsection (a) of Sectior 32-185 as
foilows:
(a) When signs are erected giving
notice thereof, no person shall operate
a vehicle exceeding the posted gross
vehicle weight limits on, or over the
following bddges
5 TONS
Fengler Street Bridge
Manson Road Bddge
Section 2 That the Code of
Ordinances of the City of Dubuque,
awa. be amended by adding to
Subsection (a) of Section 32-185 as
foliowa:
(2) When signs are erectec~ giving
notice therefore no person shall
operate a vehicle exceeding the posted
gross vehicle weight limits on, or over
the following bddges:
5 TONS
Reqular Session, April 1742000
14!
Fengler Street Bridge
Manson Road Bridge
12 TONS
Brunski[l Road Bddge
18 TONS
Louise Lane Bddge
Passed, approved and adopted this
17th day of Apd], 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Published officisi[y in the Telegraph
Herald newspaper this 21et day of
April, 2000.
Jeanne F. Schneider, City Clerk
It 4/21
Markham 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 De suspended and further
moved final consideration and passage
of the Ordinance. Secondec by
Nicholson. Motion carried 7-0.
City Manager and the Environmental
Stewardship Advisory Commission
recommending that the Deer
Management Plan be continued,
9resented and read. Buol moved that
the communications De 'ecsived and
tiled and recommendation aeeroved.
Seconded by Nicholson. Motion carried
7-0.
John Bennezt of the Environmental
Stewardship Commission. and Paul
Schu[tz of City Staff, spoke stating that
the southern par[ of the City still has
more deer ane may need other
a~ernatives to alleviate the problem.
Joe Hinderman, 2848 Beacon Hill,
spoke of the success of this program
thus far.
City Manager recommending
approval of the assignmen[ of a lease
from Arcadian Corporation to Dubuque
Terminals, Inc. an amendment of a
Lease between the City of Dubuque
and Dubuque Terminals Inc., and an
agreement between the City of
Dubuoue and Dubuque Terminals. Inc.,
.~resented and read Buol moved that
me communication De received and
filed. Seconded by Robbins. Motion
carned 7-0.
RESOLUTION NO. 163-00
CONSENTING TO A LEASE
ASSIGNMENT BY PCS NITROGEN
FERTILIZER, LP TO DUBUQUE
RIVER TERMINALS, INC.
Whereas, PCS Nitrogen Fertilizer.
LP (PCS Nitrogen) has requested that
the City of Dubuque (City) consent to a
Lease Assignment of its Lease dated
November 20, 1962, between PCS
Nitrogen and City, to Dubuque River
Terminals, Inc.
And Whereas, the Lease
Assignment attached hereto appears to
be in the best interests of the City.
NOW THEREFORE, BE IT
RESOLVED BY THE CiTY COUNCIL
OF THE CITY OF DUBUQUE AS
FOLLOWS:
1. The City hereby consents to the
Lease Assignment attached hereto.
2. The Mayor is hereby authorized
and directed to sign the Lease
Assignment.
3. The City Clerk is hereby
authorized and directed to record this
resolution with the Dubuque County
Recorder.
Passed. approved aha adopted this
17th day of Apdl, 2000.
Terrence M. Duggan, Mayor
Attest: Jeanne F. Schneide-
Buol moved adoption of the
resolution. Seconded by Robbins.
Motion carded 7-0
RESOLUTION NO. 164-00
APPROVING AN AMENDMENT TO
LEASE AND AGREEMENT
BETWEEN THE CITY OF DUBUQUE
AND DUBUQUE TERMINALS, INC.
Whereas, the City of Dubuque and
Dubuque Terminals, Inc. are parties to
a Lease and Agreement dated
the 8th day of May, 2000. a copy of
whic[' is attached nereid, and which
Lease and Agreement nas previously
been amended bythe parties;
And Whereas, the oarties now
desire to further amend the Lease and
Agreement as set forth in the attachec
Amendment.
NOW THEREFORE= 3E r7
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA.,
AS FOLLOWS:
1. The Amendment to Lease and
Agreement attached hereto is hereby
approvea.
2. The Mayor is hereby authorized
and directed to execute the
Amendment on behalf of the City of
Dubuoue.
Passed, approved and adopted this
17th day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Buol moved adoption of the
resolufion. Secondec by Robbins.
Motion carded 7-0
City Manager recommending
142 Regular Session, April 17, 2000
approval of the Five Year Agency Plan
to be submitted by the Housing
Department to the US Department of
Housing and Urban Development
(HUD), presented and read. Michalski
moved that the communication be
received and filed and recommendation
approved. Seconded by Nichoisca.
Motion carded 7-0.
Zoning Advisory Commission
advising of their approval to rezone
property located at the corner of
Nevada Street and YM-YVVCA Drive
from OR Office Residential to R-1
Single Family, presented and read.
Michalski moved that the
communication be received and filed.
Seconded by Robbins. Motion carried
7-0.
An Ordinance Amending Appendix
A of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described property located at the
northeast corner of Nevada Street and
YM-YVVCA from OR Office Residentb
Distdct to R-1 Single -Family
Residential District presented and
read. Michalski moved that the
requirement that a oroposed Ordinance
be considerec and voted on far
passage at two Council meetings pdor
to the Counsil meeting at which it is to
be finally adopted be suspended and
further moved that a Public Hearing be
held on the proposed Ordinance on the
1st day of May, 2000 at 6:30 P.M. in
the Public Library Auditorium cna that
the City Clerk publish notice in the
manner prescribed by law. Seconded
by Robbins. Motion carried 7-0.
Zoning Advisory Comm~ssior
advising of their aoorovsi to rezone
properly located ar 511 Garfield
Avenue from R-2A Alternate Two-
Family Residential to OR Office
Residential presenmc and read. Buo;
moved that the communication be
received and filed. Seconded Dy
Markham. Motion carried 7-0.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by reclassifying hereinafter
described propers, located az 511
Garfield Avenue from R-2A Alternate
Two-Family Residential Distdct to OR
Office Residential Distric[, presented
and read. Buol movec that the
reauirement that a proposed Ordinance
De considered aha vo[ea on for
passage at two Council meetings prior
to me Council meeting at which it is to
be finally adopted be suspended and
further moved that a Public Hearing be
held on the proposed Ordinance on the
1st day of May; 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 Markham. Motion carried 7-0.
Zoning Advisory Commission
advising of their approval of a request
to rezone property from AG Agricultural
and R-1 Single Familyto PUD Planned
Unit Development with a PO Planned
Office and a PR Planned residential
designation, presented and read.
Markham' moved that the
communication be received and tiled.
Seconded by Buol. Motion carried 7-0.
An Ordinance Amending the Zoning
Ordinance of the City of Dubuque by
reclassifying hereinafter described
property located at 3030 Brunskill Road
from AG Agricultural and R-1 Single
Family Residential Districts to PUD
Planned Unit Develooment Distdct with
a PO Planned Office District ana a PR
Planned Residential District
Designation anc Adopting a
Conceptual Development Plan. with
Conditions, presented aha read.
Markham movea [nat the reau~rement
that a proposed Ordinance be
considered and voted on for passage
at two Council meetings pdor to the
Council meeting at which it is to De
finally adop~ed b~e suspended.
Seconded ey Buoi. Carried by the
¢ollowing vote: Yeas--Duggan, Cline.
Markham ~licholson. Robbins. Buol.
N ays--MichalskL Markham movec
that a ~ublic Headng be held on me
proposed Ordinance on the 15th day of
May, 2000 a[ 6:30 =.M. in the Public
Library Auditorium and that the City
Clerk eublish notice in the manner
prescribed by law Seconded by BuoL
Motion carried 7-0
Zoning Advisory Commission
advising of their denial To rezone
3ropercy located at 3966 Asbury Road
from AG Agricultural to R-1 Single
Family Residential, R-3 Moderate
Density Multi-Family Residential and C-
2 Neighborhood Shopaing Center
District. presented and read. Buo
moved thc1 [he communication be
received and filed Seconded ey
Markham. Motion carried 7-0.
An Ordinance Amending Apoendix A
of the City of Dubuaue Code of
Ordinances by reclassifying hereinafter
Regular Session, April 17; 2000
143
described property located at 3966
Asbury Road from AG Agricultural to R-
1 Single Family Residential, R-3
Moderate Density Multi-Family
Residential, and C-2 Neighborhood
Commercial Shopping Center District,
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 Council meeting at which it
is to be finatly adopted be suspended
and further moved that a Public
Hearing be held on the proposed
Ordinance on the 1st day of May, 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 Markham.
Motion carded 7~0.
Zoning Advisory Commission
advising of their approval to amend We
Dubuque Industrial Center Planned
Industrial District to allow construction
of common driveways to serve adjacent
properties, presented and read.
Markham 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
Qrdinances by repealing Secfion 2,
Attachment C-4 of Ordinance 69-98,
and enacting a new Section 2,
Attachment C-4 in lieu thereof
pertaining to allowing common drives
between lots for the Pi Planned
Industrial Distdct for Dubuque Industrial
Center, presented and read. Markham
moved that the requirement that a
proposed Ordinance be considered
and voted on for passage at two
Council meetings pdor to the Council
meeting at which it is to be finally
adopted be suspended and further
moved that a Public Headng be held on
the proposed Ordinance on the 1st day
of May, 2000 at 6:30 P.M. in the Public
Library Auditorium and that the C~
Clerk publish notice in the manner
prescribed by law. Seconded by
Nicholson. Motion carried 7-0.
Zoning Advisory Commission
advising of their approval of a text
amendment pertaining to the City
Council's public hearing process for
rezonings and text amendments,
presented and read. Buol moved that
the communication be received and
filed. Seconded by Markham. Motion
carded 7-0.
An Ordinance Amending Appendix A
of the City of Dubuque Code of
Ordinances by amending Section 6-1.4
Commission Action and Section 6-1.5
Council Action, pertaining to zoning
reclassifications and text amendments,
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 Council meeting at which it
is to be finally adopted be suspended
and further moved that a Public
Heedng be held on the proposed
Ordinance on the 1st day of May, 2000
at 6:30 P.M. in the Public Library
Auditorium and that the City Clerk
~ublish notice in the manner prescribed
bylaw. Seconded by Markham. Motion
carded 7-0.
City Manager submitting documents
for the Fiscal Year 2001 AC Asphalt
Paving Project and recommending that
a public hearing be set for May 15,
2000, presented and read. Buol
moved that the communication be
received and filed. Seconded by
Markham. Motion carried 7-0.
RESOLUTION NO. 165-00
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 Asphalt
Paving Project - FY 2001, in the
estimated amount of $400,13'L34, are
hereby approved and ordered filed in
the office of the City Clerk for public
inspection.
Passed, adopted and approved this
17th day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F, Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO; 166-00
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, specitications, and form of
contract and placed same on file in the
office of the City Clerk for public
inspection of the 2000 Asphalt Paving
Project - FY 2001.
NOW THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
144 Regular Session, April 17, 2000
OF THE CITY OF DUBUQUE. IOWA:
That on the 15th day of May, 2000, a
public hearing will be held at 6:30 p.m.
in the Public Jbrary Auditorium at
which lime interested sersons may
appear and be heard for or against the
proposed clans and specifications
form of contract ano cost of said
'mprovemeot ano the City Clerk ce
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
wventy oays pdor to the day fixed for its
consideration At the hearing, any
interested person may appear and file
objections to the proposed plans,
specifications contract, or estimated
cost of the improvement
~assed, ac~ootea and approved this
17th day of April 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
3uol moved adoefion of the
resolution. Seconded by Markham.
Motion carried 7-0
RESOLUTION NO. 167-00
ORDERING BIDS
NOW THEREFORE, BE IT
RESOLVED BY THE COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
That the 2000 Asohalt Paving
Project - FY 2001 is hereby ordered to
be advertised for bids for construction.
BE IT FURTHER RESOLVED, that
the amoun[ of the security
accompany each bki sba De 'n an
amount which shall conform To the
provisions of the qofice to bidders
hereby approved as a part of the plans
ano soecificafions heretofore adopted.
That the City Clerk is hereb., directed
to advertise for bids for the construction
of the imerovements herein provided.
to be published in a newspaper having
genera drculafion '- the City of
Dubuque, Iowa, which notice shall not
be less than four days nor more than
forty-five days prior to the receipt of
said bids at 2:00 p.m. on the 9th day of
May, 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 15th day of
May, 2000.
Passed, adopted and approved this
17th day of April, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the
resolution. Seconded by Markham.
Motion carried 7-0.
City Manager requesting that a
public hearing be set for May 1, 2000
to consider the issuance of $3,000,000
General Obligation Bonds for
expanson of the Fifth Street ~arking
Ramp presented ana read. Buol
moved that me communicauon se
received ano filed. Seconded by
Markharr Motion carried 7-0.
RESOLUTION NO. 168-00
RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF
THE ISSUANCE OF NOT TO EXCEED
$3,000,000 GENERAL OBLIGATION
BONDS (FOR AN ESSENTIAL
CORPORATE PURPOSE) OF
DUBUQUE, IOWA, AND PROVIDING
FOR PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary
and advisable that the City of Dubuque
iowa, should issue General
Obligation Bonds to the amount of not
to exceed $3.000.000 as authorized by
Section 384.24, of the City Code of
iowa for the purpose of providing
funds to pay costs of carrying out an
essenfial corporate Duroose project as
hereinafter described: and
Whereas. before said Bonds may be
issued, it is necessary to comply with
the provisions of said Code, and to
publish a notice of the proposal to
issue such Bonds and of the time and
place of the meeting at which me
Council ProPoses to take action for the
issuance of the Bonds and to receive
ora~ and/or written objections from any
resident or properly owner of said City
to SUCh action and the right to petition
for an election.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE IOWA:
Section 1 That'this Council meet in
the Auditorium Carnegie-Stout Public
Library, Dubuque, Iowa, at 6:30 o'clock
P.M., on the 1st day of May, 2000, for
the purpose of taking action on the
matter of the issuance of not to exceed
$3,000,000 General Obligation Bonds
for an essential corporate purpose of
said City, the proceeds of which Bonds
will be used to provide funds to pay
costs of aiding in the planning,
undertaking and carrying out of urban
renewal project acfivifies under the
authority of Chapter 403 of the Code of
Iowa and the Amended and Restated
Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District,
including but not limited to the
construction of additional levels of
Reqular Session, April 17; 2000 14_5
parking spaces and expansion of the
structured parking facility located on
Iowa Street between Fifth and Sixth
Streets.
Section 2. That the Clerk is hereby
directed to cause at least one
publication to be made of a notice of
said meeting, in a legal newspaper,
pdnted wholly in the English language,
published at least once weekly, and
having general circulation in said City,
said publicatien to be not less than ten
clear days before the date of said
public meeting on the issuance of said
Bonds.
Section 3. The notice of the
proposed action to issue said Bonds
shall be in substantially the following
form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER
OF THE PROPOSED ISSUANCE OF
NOT TO EXCEED $3,000,000
GENERAL · OBLIGATION BONDS
(FOR AN ESSENTIAL CORPORATE
PURPOSE) OF SAID CITY, AND THE
HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given
that the Council of the City of Dubuque,
Iowa; will held a public headng on the
1st day of May, 2000, at 6:30 o'clock
P.M., in the Auditorium, Carnegie Stout
Public Library, Dubuque, Iowa, at Which
meeting the Council proposes to take
additional action for the issuance of not
to exceed $3,000,000 General
Obligation Bonds for an essential
corporate purpose of said City, in order
to provide funds to pay costs of aiding
in the planning, undertaking and
carrying out of urban renewal project
activities under the authority of Chapter
403 of the Code of Iowa and the
Amended and Restated Urban
Renewal Plan for the Downtown
Dubuque Urban Renewal District,
including but not limited to the
construction of addftiena] levels of
parking spaces and expansion of the
structured parking facility located on
Iowa Street bet~veen Fifth and Sixth
Streets.
At the above meeting the Council
shall receive oral or written objections
from any resident or property owner of
said City, to the above action. After ail
objections have been received and
considered, the Council will at this
meeting or at any adjournment thereof,
take additional action for the issuance
of said Bonds or will abandon the
proposal to issue said Bonds.
At any time before the date of said
meeting, a petition, asking that the
question of issuing such Bonds be
subm~ed to the legal voters of said
City, may be filed with the Clerk of said
City in the manner provided by Section
362.4 of the City Code of Iowa,
~ursuant to the provisions of Section
384.26 of the City Code of Iowa.
This notice is given by order of the
Council of Dubuque, Iowa, as provided
by Section 384.25 of the City Code of
Iowa.
Dated this 17th day of Apdl, 2000.
Jeanne F. Schneider, City Clerk
(End of Notice)
Passed and approved this 17th day
of Apdl, 2000.
Torrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
Markham moved adoption of the
resolution and set a Public Headng for
May 1, 2000 at 6:30 P.M. in the Public
Library Auditorium and further set Date
of Sale at 4:00 P.M. on May 18, 2000
in Conference Room B, Cb Hall and
that the C~ Clerk publish notice in the
manner prescribed by law. Seconded
by Buo[. Motion carried 7-0.
City Manager recommending that the
time frame for the public bidding
~rocedures for construction of the Third
Street Ramp be extended and that the
)ublic headng be reset for May 15,
2000, presented and read. Michalski
moved that the communication be
received and filed. Seconded by
Robbins. Motion carded 7-0.
RESOLUTION NO. 169-00
AMENDING RESOLUTION NO. 120-
00 SETTING A DATE OF HEARING
ON PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF THE
THIRD STREET PARKING RAMP
Whereas, the City Council of the City
of Dubuque, iowa in Reso ution No.
120-00 has given its preliminary
approval on the proposed plans,
spec~cations, and form of contract and
placed same on file in the office of the
City Clerk for the public inspection of
the CONSTRUCTION OF THE THIRD
STREET RAMP.
Whereas, the Cb Council previously
fixed a date for a headng on plans and
specifications for CONSTRUCTION OF
THE THIRD STREET RAMP.
Whereas, the Citys consultant is
recommending that additional time be
allowed for local contractors to submit
competitive bids.
NOW, THEREFORE, BE IT
RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
146 Regular Session, April 17, 2000
that Resolution 120-00 is amended to
provide that on the 15~ day of May,
2000, a publ[? hearing will be held a[
6:30 p.m. ~n the Public Library
Auditorium atwhich interested ~)ersons
may appear and be heard for or
against the proposeo ~lans anc
speci~cations, form of contrac[ an~
cost of said improvement, and the City
Clerk be eno is hereby directed
cause a ~dJce of time and place of
such headng to be published in a
newspaper having general circulation
ir the City of Dubuque, Iowa, which
notice shall be not ]ess than four days
nor more than twenty days pdor te the
eay fixed "or its consideration. At the
headng, any interested pemon may
appear and file objections to the
proposed clans, specification.-
contract, or estimated cost of ~ne
improvement.
Passed, approved and aoopted this
17th day of Apdl, 2000
Torrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Michaiski morea adoption .of the
Resolution. Seconded Dy Robbins.
Motion carded
RESOLUTION NO. 170-00
AMENDING RESOLUTION 121-00
ORDERING BIDS FOR THE
CONSTRUCTION OF THE THIRD
STREET PARKING RAMP
Whereas the City Council previously
At 8:11 Nicholson moved to go into
Closed Session re: Pending Litigation
(Iowa Code §21.5(1}(c). Seconded Dy
MichalskL Motion carded 7-0.
At 8:19 Council reconvened Regular
Session with statement that Staff had
been given Draper direction
There being no further business,
Michdski moved to adjourn. Seconded
by Markham. Motion oarded 7-0. Tne
meeting adjourned at 8:20 P.M.
/si Jeanne F. Schneider.
City Clerk
Approved ~.4.~ ~ (q 2000
Adopted ~/,/,~ J~/.,, 2000
approved Resolution ~umber 121-00 Council Members
ordedng bids for ~e construction ofthe Atte,s.,~
Third Street Ramp;
NOW, THEREFORE BE IT
RESOLVED BY THE CITY COUNC1L,/'.,.J('City Clerk
OF THE CITY OF DUBUQUE, IOWA:c,,''
That Resolution 121-00 is amended
to provide that the City Clerk is hereby
directed to adverse for bids for me
purchase of materials herein crovided,
to oe published in a newspaper having
genera[ circulation in the City of
Dubuque, iowa which notice shall not
~e less than four oays nor more than
twenty days prior te the receipt of said
bids at 2:00 9.m. on the 9"' day of May,
2000. Bids shall be opened and read
py the City Clerk at said time and
~e submitted to the Coundl for final
action at 6:30 P.m. on the 15~ day of
May, 2000.
Passec approvea and adopted th~s
17th day of Apdl, 2000.
Terrance M. Duggan, Mayor
Attest: Jeanne Schneider, City Clerk
Michalski movea aaopt~on of the
Resolution Seconded Dy ~obbins.
Motion carried 7-0.